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CCA 12/08/2014 �d FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2014 P`'�`'' 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) WORKSHOP(6:30 P.M.) Resilient Communities �.. v � CITY COUNCIL MEETING (7:00 P.M.) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: PROCLAMATIONS: 3. Special Use Permit Request, SP#14-05, by Student Foreign Exchange Week: University Auto Sales 8�Service, LLC, to Allow December 8-14, 2014 an Indoor Used Car Sales Facility, Generally Located at 7700 University Avenue N.E.; Daniela Fernandes from Portugal .. 1 and Simen Angell-Olsen from Norway .. 2 Resolution Approving Special Use Permit, SP#14-05,for Indoor Auto Sales, Petitioned �� /�� by University Auto Properties, LLLP, the ,/ �/A�,�- Property Owner of 7700 University Avenue APPROVAL OF PROPOSED CONSENT AGENDA: N.E. (Ward 3) ........................................ 17-24 vJ /'�:V��"�^ 'J" �-� ��— n APPROVAL OF MINUTES: � � � ��,!� � ,.�,'� I'�� - �`�� r-r" ,tirt � `(� � � City Council Meeting of November 24, rc vu �`-�-�- �i�� 2014 ................................... 3-8 � (� � �p v��!�k Qa c.�L��;� 4. Special Use Permit Request, SP#14-08, by University Auto Sales &Service, LLC, to OLD BUSINESS: Allow an Electronic Changeable Message Sign as Part of the Free-Standing Sign, Generally 1. Second Reading of an Ordinance Amending Fridley located at 7700 University Avenue N.E.; City Charter, Chapter 7.Taxation and Finances, Section 7.04 Preparation of ...................Annual Budget; and and Section 7.05 Passage of Budget . 9- 12 ,, , � ,1 Resolution Approving Special Use Permit, �� 'r,�R� - ,�f � ��'��' SP# 14-08 for an Electronic Changeable Sign, Petitioned by University Auto Properties, LLLP,the Property Owner of 7700 University Avenue N.E. (Ward 3) . 25-31 2. Resolution Denying Final Plat, P.S.#12-01, and ,� Easement Vacation, SAV#13-02, Pertaining to the _ - Columbia Arena Property, Located at 7011 �_,,�:�' �� C';'�� - �%� �� University Avenue N.E. (Ward 1) ......... 13- 16 , _^ � 1 ;� � �1 _ �'!c �� ' _ FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8. 2014 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OPEN FORUM.VISITORS: Consideration of items not on Agenda- 15 minutes. NEW BUSINESS (CQNTINUEDI: 5. Special Use Permit Request, SP#14-06, by DeMars Signs to Allow an Electronic Changeable Message Sign as Part of the Free-Standing Sign, ADOPTION OF AGENDA: � � 1,��_ /��- Generally Located at 6161 Highway 65 N.E.; ! and Resolution Approving Special Use Permit, 2015 BUDGET AND PROPERTY TAX SP#14-06,for DeMars Signs, on Behalf of PUBLIC MEETING: Crooners Real Estate Company, LLC, the Property Owner of Crooners Lounge and 14. Presentation of the 2015 City of Supper Club, Located at 6161 Highway 65 N.E. Fridley Budget ................................ 110- 167 (Ward 2) ................................................ 32-38 ��:i_� �,,�'-�' i_! � `�/ '� ' �l °� 6. Request for Public Hearing Postponement � �-��— for Special Use Permit, SP#14-07, by PUBLIC HEARING/NEW BUSINESS: ��/��- TCO Design, to Allow a Comprehensive Home Health Care Use in an R-3, Multi-Family 15. Consideration of Organized Residential Zoning District, Generally Located at 5310 Solid Waste Collection by Districts; Fourth Street N.E. (Ward 1) .................. 39-40 and 7. Resolution Amending Resolution No. 2014-54, Motion to Set a Date for Taking Formal which Approved a $1,500,000 Loan to the Action on the Proposal for Organized Housing and Redevelopment Authority in Residential Solid Waste Collection by and for the Cit of Fridle Minnesota Districts .................................. 168-208 y y, ... 41 -45 ; M o-f-� ��t �--v � c�p�-� ��l.z��, �t e��..�e ?a�� A !'�� v'1`i.(��t��— �� ,=�(; `��-- � j. � ��'"' ,S;/�`li��a�GC t 5°�s�P/3 4 s Pr �esolution Approving the Anoka County �> ( �"-d?�1-f"� -- q �. _��-( � 3 r� g ' ✓ Fire Protection Council Joint Powers ��/`�� NEW BUSINESS: / l ��Cr,rl�e�YLL� l 2(Z 2��`f �� Agreement ... ..... .. .... ....... - 46-87 S(-- �' ��. .c,u ;�-�i.............. c�� _t,��a�i 16. Resolution Approving Adoption of a Master �� ,�� -�z ,� , Plan for the Northstar TOD Area as Prepared '�` �� "�-�-'S''� ), � ° .l_'' -,; b H KG I ................... 209-216 ............... 9. Receive Bids and Award Vllater Treatmen �� C� /,� �" � P�ant No. 3 Filter Drain Pump Improvement _ �� S o�ect 459 ............................................ 88 89 , � / - /�1 /� ��,,_�_ �_ ,� ;._;� _ ��-{ 17. Approve Agreement between fhe City of Fridley and Partners &Sirny, LLP, to Provide the Design 10. Approve Change Order No. 1 for Water Main Services for the Renovation and Addition to the Project No. 427/Sewer Forcemain Project Interpretive Building at Springbrook Nature Center No. 433 .................................................. 90-91 (Ward 3) ....... ......... .... ..... 21 C-249 !� F'�,rZ l;r.e��`��--�.*l �- �.c— � vuC�c..e�c. cr--. `` ( , ( - -� '` t�ra � e�rE- 11. Claims (166317- 166452) .................... 92- 103 5�� -e �n ��"`�"`�S�c4,,�' �=' ��c�.c-v✓�.�.�� „ � � /�).�S A 18. Informal Status Reports ........................ 25d � 12. Licenses ................................................ 104- 108 ADJOURN. �`�/� �/ � � �- 13. Estimates .............................................. 109 ( � �- ��`. - - cra� Fridley FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2014 7:00 p.m. - City Council Chambers Attendance Sheet Please print name, address and item number you are interested in. F'riat Name �Clearlyj Address �t+em No. � r c�c�� S'7� �,e.�rc� � t�� 1- �'�" /m. C�G s a��J , /� �:J.,� �� r��,c� _ �i�M � ►,,��,�� A�ve� �%� __�'..� o�� (�� ' �v►,�►� �z ��. �- � � �+e�� k ve- . ��.N-�L �".2.��r1 lX 1.r�d , � �Y(�.. � � i � '' � 570 ��a� �e Lu� � d�c G,�/2 L�� r./c' /.T �� -: �� (� ap �; ��,v' �, �� f� — � �� r-_s 'z �LZ�,Gi�.-c.�,c '.��j �-r'`S c°�. ��'°/!.��!? 7 — �U Y�u +-` � � �so i� ' 1�� 1�� ,� I�I � � I�' � � , ;��,n�u �� .-k n� Yf— C � S,t�i t�` v.. u�e� 1 / �2 .,;z. 1^ .� �s2 � ::. j�' w ��i � l� z 7 i�� C.� /c f2 "`� - Ce c`d� r l i�� S� Student Foreig� Excha�ge Wee1�c � December 8- iQ, ZosQ BrJC� WHEREAS, our communiry's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students from around the world to our community; and, WHEREAS, this interchange of culture and philosophy contributes to the education and maturation of our youth in many and varied ways; and, WHEREAS, it is the desire of the Ciry of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOLVED, that 1, Scott J. Lund, Mayor for the City of Fridley, hereby proclaim December 8 through December 14, 2014, as Student Foreign Exchange Week, II�t HONOR OF DAI�tIELA FERNANDES FROM POItTUGAL BE IT FURTHER RESOLVED, that Daniela be made an honorary citizen of the Ciry of Fridley, Minnesota, during her stay. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the seal of the City of Fridley to be affixed this 8th day of December, 2014. Scott J. Lund, ayor , 1 Student Foreign Exchange Weelrr December 8-Z4, Zos�l 8exa� WHEREAS, our community's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students from around the world to our community; and, N'HEREAS, this interchange of culture and philosophy contributes to the education and maturation of our youth in many and varied ways; and, WHEREAS, it is the desire of the City of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOLVED, that 1, Scott J. Lund, Mayor for the City of Fridley, hereby proclaim December 8 through December 14, 2014, as Student Foreign Exchange Week, IN�HONOR OF SIMEN AI�IGELL-OLSEN FROM NORWAY BE IT FURTHER RESOLVED, that Simen be made an honorary citizen of the Ciry of Fridley, Minnesota, during his stay. IN WITNESS WHEREOF, 1 have hereunfo set my hand and caused the seal of the City of Fridley to be affixed this 8`h day ofDecember, 2014. Ct� Scott J. Lund, ayor . 2 CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 24,2014 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefl�e Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director James Kosluchar, Public Works Director Darin Nelson, Finance Director APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 10, 2014. APPROVED. OLD BUSINESS: 1. Extension Request for Final Plat Approval, PS #14-01, by tri-Land Development, Inc., to Subdivide the Existing Large Lot, Located at 250 — 57th Avenue, to Create Two Separate Parcels from the Original Lot, for Development along 57th Avenue N.E. (Ward 3) APPROVED. NEW BUSINESS: 2. First Reading of an Ordinance Amending Fridley Charter, Chapter 7. Taxation and Finances, Section 7.04 Preparation of Annual Budget; and Section 7.05 Passage of Budget. APPROVED. 3 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24,2014 PAGE 2 3. Resolution Abating a Portion of the Assessment for the Removal of the Public Nuisance Building at 6101 University avenue N.E. (Former Citgo Station) (Ward 1). APPROVED RESOLUTION NO. 2014-84. 4. Resolution Ordering Preparation of a Preliminary Report and Preliminary Plans and Specifications for 2015 Street Rehabilitation Project No. ST2015-01. APPROVED RESOLUTION NO. 2014-85. 5. Approve Sanitary Sewer Utility Easement Agreement with Tri-Land Fridley Market (Ward 3). APPROVED. 6. Approve Agreement for Public Safety System Manager/Administrator Services between the Anoka County Joint Law Enforcement Council and the City of Fridley. APPROVED. 7. Claims (1411 ACH PCard and 166146-166316). APPROVED. 8. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF THE CONSENT AGENDA: MOTION by Councilmember Barnette to approve the consent agenda as submitted. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: No one from the audience spoke. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as submitted. Seconded by Councilmember Saefke. 4 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24,2014 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 9. Resolution Providing for Water, Sewer and Storm Water Utility Rate Changes. Darin Nelson, Finance Director, said staff worked with the 5-year pro forma statements in order to determine the breakeven point for all three of the utility enterprise funds for 2015. In addition, staff also updated the 20-year long-range forecasts, to aide in estimating both long-term operating and capital needs. Mr. Nelson stated the 20-year forecasts also aid in projecting future rate increases. 'These long- range forecasts were presented to Council at the October budget work session. The goals of the long-range forecasts are to enable the utility funds to be self-sustaining without relying on debt • to fund ordinary capital outlay and to maintain low to moderate rate increases in the future. Mr. Nelson said in 2011, Council approved the first year of a multi-year plan to increase rates to a level needed to sustain utility operations, capital outlay, and debt service. The objective was to raise rates for 3 years (2012-2014) in order to meet necessary cash flows. After this 3-year timeframe, staff was anticipating rate increases to moderate and mirror inflationary rates. As with a11 projections, variables change and modifications are required to maintain the course. Unfortunately, this was the case with our projections. Mr. Nelson said MCES is increasing their treatment charge by 3.5% next year with indications that future rate increases are being planned in the 5% range. This charge itself accounts for 75% of the annual sewer budget, including capital outlay. These charges are larger than originally projected and it is imperative that we stay ahead of these rate increases. Just as we have been doing with the sewer rates, water rates have also increased at higher than average rates over the past couple of years. We have control over the rate, but we do not have control over the consumption. Our water consumption is down 8% compared to 5 years ago. Mr. Nelson said the last two summers have been relatively wet which has caused our sales to decrease and subsequently causes our projections to not be realized. We utilize a rolling multi- year average for water consumption projections, but a few wet or dry years can play havoc with estimating projections. An extensive analysis was done on the storm water fund this past summer to ensure that this fund is self-sufficient and not relying on outside resources. Staff concluded that the storm water fund was relying heavily on Public Works and Engineering staff, but is not financially supporting those resources. Mr. Nelson said starting on January l; labor distribution will now include the Storm Water Fund. In the past, there was only an arbitrary administrative transfer charge to the fund which was less than adequate to support the level of service being provided to the Storm Water Fund. 5 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24.2014 PAGE 4 Mr. Nelson said the recommended rate increases are as follows: Water—5%or$8.62 ep r•year for the average household* Sewer—7% or$25.70 ep r year for the average household* Storm Water—75%or $14.72 ep r•�per residential property Estimated annual additional cost for a11 three utilities= $49.04 or$12.26 per quarter *Average household is based on 20,000 gallons per quarter. Staff recommends Council's approval of the resolution. Mayor Lund asked what could be anticipated in the future. Mr.Nelson replied they are projecting the water fund to do well in the future. The rate increases reflect 5% across the board, but down the road after the debt service is paid off, the cash balance will begin to grow. At this time,rates will be able to be moderated and/or stabilized. Mayor Lund noted that after 2023, the cash balance escalates well above the need. In 8 to 10 years if cash flow balances increase, funds may be refunded. Mr. Nelson replied that staff would like to moderate the rates. With an aging infrastructure, we need to stay on top of it. The rates in the sewer fund are higher than the other utilities. With the large increase in storm water for 2015, there should not be a need for more than minimal increases in the future. Councilmember Barnette said if you break down the increase per household, it is a little over $4 per month. Staff did a good job with the rates. MOTION by Councilmember Barnette to adopt Resolution No. 20140-86. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 10. Resolution Approving Recycling Service Fees. Scott Hickok, Community Development Director, reviewed the 2014-2015 Solid Waste Abatement Program (SWAP) Fees. The Recycling Program SCORE funds are not assured from the County and cannot pay for all expenses associated with recycling, and only augment fees. Mr. Hickok stated expenses include the recycling pickup contract increase to $7.41 per household/quarter in April of 2015, recycling drop-off events, billing, apartment recycling inspections and education. Residents would experience a slight increase of 1.94% in recycling fees. In 2014, residents paid $7.60 per household in quarterly recycling fees. For 2015, using 6 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24,2014 PAGE 5 the maximum allowable 1.94% would be a 15 cent per quarter increase, or $7.75 per household per quarter. MOTION by Councilmember Saeflce to adopt Resolution No. 2014-87. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY APPEAL HEARING: 11. Consideration of Appeal Request from James Kiewel, 1627-31 Rice Creek Road (Ward 2) (Continued November 10,2014). MOTION by Councilmember Varichak to continue the appeal request from James Kiewel, 1627-31 Rice Creek Road,to December 22, 2014. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Wally Wysopal, City Manager, noted that Mr. Kiewel requested to continue this hearing. 12. Informal Status Reports Councilmember Bolkcom thanked all who helped organize the garbage hauling information session and the residents who attended the information session. Information can be found on the website. Wally Wysopal, City Manager, added the public hearing for organized garbage collection is on December 8 and information can be found on the City's website. Scott Hickok, Community Development Director, announced that the Minnesota Association Soil & Water Conservation District recognized Fridley to receive an outstanding conservation award on December 9. Staff has done an outstanding job to receive this prestigious award. Mr. Wysopal said the City of Fridley retained an AAl Bond Rating and the negative outlook has been removed. This is the highest rating the City of Fridley can get. This rating is a testament of the good financial management of the Finance Director and City Council leadership as well as the development that continues to happen in Fridley. The negative outlook was removed due to the new development that helps keep the rating high and strong. Thanks to Paul Bolin, Jim Kosluchar, Scott Hickok and the HRA. The bond rating relates to the FICO score and helps reduce loan costs. One concern is the declining population in Fridley. We need to encourage people to move into Fridley. Mayor Lund thanked everyone for their hard work and noted that Fridley is in a better position than it was 10 years ago. 7 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24,2014 PAGE 6 Councilmember Saefke attended the Fridley High School Alumni Choir concert on Sunday at the Methodist Church. The next performance is Sunday at 4:00 p.m. and is free of charge. Councilmember Varichak welcomed Crooners Supper Club & Lounge to Fridley and wished them success in their business adventure. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:38 P.M. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor 8 � AGENDA ITEM � ` �� CITY COUNCIL MEETING OF � Fridley DECEMBER 8, 2014 To: Walter T. Wysopal, City Manage From: Debra A. Skogen, City Clerk� Date: November 25, 2014 Re: Second Reading of an Ordinance Amending the Fridley City Charter, Chapter 7. Taxation and Finances, Section 7.04 Preparation of Annual Budget and Section 7.05 Passage of Budget Introduction The Minnesota Legislature amended state law during the 2014 legislative session. The change extends the deadline for proposed levies for counties and cities from September 15 to September 30. This amendment was part of the 2014 Omnibus Tax Bill, Minnesota Laws Chapter 308. The change was made to allow cities to receive fiscal disparities information prior to certifying their preliminary levy. The state does not release fiscal disparities information until after September 15�', the same time the levies were due. By extending this deadline to September 30�', the fiscal disparities information can be provided in a timelier manner to allow the counties and cities to submit a more accurate levy. This later date is also consistent with the schools deadline. Back�round and Anal�sis This legislative change was.discussed by the City Council during their preliminary budget meeting this year. Fridley City Charter Sections 7.04-7.05 requires the proposed budget and property tax levy must be submitted to the City Council the last council meeting in August. This does not allow the city to have all of the information needed to prepare the most effective budget. A later date in September would allow the city to have all necessary information, and provide for more flexibility when preparing the preliminary budget and levy. On August 25, 2014, the City Council recommended the Charter Commission review Sections 7.04 and 7.05 in light of the legislative changes made. The Charter Commission reviewed the requested language of the City Charter on September 2 and October 6, 2014 and agreed the language should be amended due to the legislative change. The Charter Commission recommended an amendment by ordinance to allow the budget to be submitted to the City council in accordance with Minnesota State Law at a regular meeting in September. 9 The Charter may be amended by an ordinance recommended by the Charter Commission. Within one month of receiving a recommendation, the city must publish notice of a public hearing containing the text of the proposed amendment at least two weeks but not more than one month after the notice is published. The public hearing sha11 be held and the ordinance must be adopted unanimously by the City Council and published in the official newspaper. The ordinance would become effective 90 days after publication. Based on this information, a resolution was adopted on October 13, 2014, receiving the recommendarion, scheduling the public hearing for Monday,November 10, 2014 and directing staff to publish the Notice of Public Hearing in the official newspaper. The public hearing notice was published in the Fridley Sun Focus on October 24, 2014,providing for the two week notice required by state law. The public hearing was held on November 10, 2014, and the first reading was held on November 24, 2014. Recommendation: Staff recommends a motion to hold the second reading of an Ordinance Amending the Fridley City Charter, Chapter 7. Taxation and Finances, Section 7.04 Preparation of Annual Budget and Section 7.05 Passage of Budget, as shown in Attachment 1. 10 Attachment 1 ORDINANCE NO. AN ORDINANCE AMEND►ING FRIDLEY CITY CHARTER CHAPTER 7 TAXATION AND FINANCES, SECTIONS 7.04 PREPARATION OF ANNUAL BUDGET; SECTION 7.05 PASSAGE OF BUDGET The Fridley City Council hereby finds after review, examination and recommendation of the Fridley City Charter Commission, that the Fridley City Charter Chapter 7 Taxation and Finance be hereby amended and ordains as follows: FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCE SECTION 7.04. PREPARATION OF ANNUAL BUDGET 1. The City Manager shall prepare the estimates for the annual budget which shall include any estimated deficit for the current year. The estimates of expenditures shall be submitted by each department to the City Manager. Each estimate shall be divided into three(3)major subdivisions as follows: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outlay. Salary detail shall show a list of all salaried officers and positions with salary allowance and number of persons holding each. Wages sha11 be broken down in sufficient detail to justify the request. Ordinary expenses shall be broken down into such detail as the City Manager shall direct. Capital Outlay shall be itemized as to items and amounts. (Ref. Ord. 625) 2. In parallel columns shall be added the amounts expended under similar headings for the two (2)preceding fiscal years, and, as far as practicable,the amounts expended and estimated for expenditure during the current year. In addition to estimates of expenditures, the City Manager shall prepare a detailed statement of revenues collected for the two (2)preceding completed fiscal years with amounts estimated to be collected for the current fiscal year, and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted to the Council °+,� in accordance with Minnesota State Law, and shall be published twice in summary in the official publication prior to November 15. (Ref. Ord. 625, Ord. 946) SECTION 7.05. PASSAGE OF THE BUDGET The budget shall be a principal item of business at F,e a regular meeting in September.�The Council shall hold subsequent meetings from time to time until all the estimates have been considered. The meetings shall be so conducted as to give interested citizens a reasonable amount of time in which to be heard;and an opportunity to ask questions prior to passa e of the final budget. The budget estimates shall be read in full and the City Manager shall explain the various items thereof as fully as may be deemed necessary by the Council. The annual budget finally agreed upon shall set forth in such detail as may be determined by the City Council, the complete financial plan of the City for the ensuing fiscal year, and shall be signed by the majority of the Council upon being adopted. It shall indicate the sums to be raised and from what sources, and the sums to be spent and for what 11 Ordinance No. Page 2 purposes, according to the plan indicated in Section 7.04. The total sum appropriated shall not exceed the total estimated revenue. The Council shall adopt the budget by resolution in accordance with State Law. The resolution shall set forth the total of the budget and the totals of the major divisions of the budget, according to the plan indicated in Section 7.04. The budget resolution as adopted shall be published in the official publicarion. (Ref. Ord. 625, Ord. 946) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8� DAY OF DECEMBER 2014. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing Notice: October 24, 2014 Public Hearing: November 10, 2014 First Reading: November 24, 2014 Second Reading: December 8, 2014 Publication: 12 - AGENDA ITEM `�°°f CITY COUNCIL MEETING OF �' Fridley DECEMBER 8, 2014 Date: December 3, 2014 To: Walter T. Wysopal,City Manager From: Scott Hickok,Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: RESOLUTION- Denial Action of Fina) Plat, PS#12-01 and Easement Vacation, SAV#13-02, by Carlson McCain on behalf of Bill Fogerty RECOMMENDATION As a result of the City's Housing and Redevelopment Authority's (HRA) purchase of the Columbia Arena property, located at 7011 University Avenue, City staff is recommending that the Council deny both Plat PS #12-01 and Easement Vacation SAV#13-02. Both of these land use items were initiated by Carlson McCain on behalf of Bill Fogerty, the former owner of the property. Carlson McCain and Mr. Fogerty have previously signed a waiver to State Statute 15.99, which allows land use items to be continued beyond the required 60 day period. Since there has been a change in ownership and the petitioner of these requests is no longer interested in pursuing these land use cases, City staff would advise the City Council to deny of both cases to make the record clear. At such time the HRA is ready to redevelop the site, the City can re-evaluate the need to plat the property or vacate any necessary easements. Therefore, staff recommends that the City Council deny Final Plat, PS #12-01, and Easement Vacation, SAV #13-02, per the attached resolution. 13 RESOLUTION NO. 2014- RESOLUTION DENYING FINAL PLAT, P.S. #12-01, AND EASEMENT VACATION SAV#13-02 PERTAINING TO THE COLUMBIA ARENA PROPERTY,LOCATED AT 7011 UNIVERSITY AVENUE NE. WHEREAS, the Planning Commission held a public hearing on August 15, 2012, and recommended approval of said plat and associated easement vacation; and WHEREAS, the City Council approved the preliminary plat and associated easement vacation for COLUMBIA ARENA ADDITION at its September 10, 20l 2, meeting; and WHEREAS, because of William Fogerty's request for an extension for final plat approval and approval of associated easement vacation, on March 11, 2013, the City Council approved a two- month extension until May 11, 2013, for final plat approval and approval of associated easement vacation; and WHEREAS, on May 6, 2013, the property owner, William Fogerty, signed a waiver to Minn. Stat. § 15.99 and all applicable deadline requirements related to the platting and easement vacation process, that would allow him additional time to prepare the final plat mylars and associated documents; and WHEREAS, on June 10, 2013, at William Fogerty's request, the City Council continued the final plat and easement vacation approval until the June 24, 2013, City Council meeting; and WHEREAS, the City Council was then asked for several more extensions for both the final plat and easement vacation through the July 14, 2014, meeting; and WHEREAS, no further extensions were requested by the petitioner as they had now entered final stages of negotiations for the sale of the property to the Fridley Housing and Redevelopment Authority; and WHEREAS, The Fridley Housing and Redevelopment Authority sought to purchase the property without being subject to said plat and easement constraints; and WHEREAS, it is incumbent upon the City of Fridley to not leave requests such as plats and easement vacations open-ended without resolution, but instead to act to approve or deny said requests as appropriate; and WHEREAS, the denial of said plat and easement vacation requests would be the most appropriate course to close the otherwise open-ended requests; and WHEREAS, denial of said plat and easement requests would free the property from boundaries and encumbrances that were not the request of the current property owner, the Fridley Housing and Redevelopment Authority; and 14 WHEREAS, the Fridley Housing and Redevelopment Authority is free to make their own plat and easement requests at such time a they find the necessity; NOW, THEREFORE, BE IT RESOLVED, the City Council denies both final plat, PS #12-01 and Easement Vacation, SAV#13-02 for COLUMBIA ARENA ADDITION PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8Tx DAY OF DECEMBER 2014. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 15 Page 2—Resolution-2013 —COLUMBIA ARENA ADDITION EXHIBIT A STIPULATIONS 1. University Avenue Service Drive and 71S`Avenue shall be dedicated as public right-of- way on final plat. 2. A 5 ft. sidewalk shall be installed along the University Avenue Service Drive and 715t Avenue to meet the specifications of the City engineering department upon issuance of a building permit for Lot 1, 2 or 3. 3. An easement to provide perpetual access to the fire training facility has been discussed, and agreed to,but has not been shown on preliminary or final plat. An easement description and easement agreement must be prepared, approved by the City's Fire Chief, executed by the parties and made ready for filing, prior to issuance of a building permit for the project on Lot 2. 4. A water main and utility maintenance agreement to provide maintenance of water and other utilities servicing Lots 1, 2 and 3 and also affecting nearby City property has been discussed, and agreed to; a utility agreement must be prepared, approved by the City's Public Works Director, executed by the parties and made ready for filing,prior to issuance of a building permit for any project on Lots 1, 2, or 3. 5. An easement to provide perpetual shared parking between Lot 3 and Locke Park to the south shall be prepared, approved by the City Pazks and Recreation Director and made ready for signature and filing,prior to final plat approval. 6. An easement for the Anoka County Trail with Anoka County shall be prepared, approved by the City's Park and Recreation Director and made ready for signature for filing, prior to approval of final plat. 7. The existing Anoka County Trail shall remain in its current location until such time Lot 3 is developed. When Lot 3 is developed, the Anoka County Trail may be relocated pursuant to the terms of the Anoka County trail easement referenced in Stipulation 6 and the relocated trail shall be constructed according to Anoka County standards at the property owner's expense. 8. The relocation of the Anoka Cou.nty Trail and the filing of the trail easement described in Stipulations 6 and 7 and the parking easement described in Stipulation 5, will eliminate the developer's need to contribute park dedication for this plat. 9. Petitioner William Fogerty shall provide the City with the quit claim deed transferring the property from William Fogerty and Carmel Fogerty to Columbia Development, LLC (the "Quit Claim Deed"). 10. Petitioner William Fogerty delegates to and authorizes the City to file and record the legal documents contemplated by and involved with the platting of the property that is the subject of City zoning application P.S.#12-01,including but not limited to the Quit Claim Deed,the COLUMBIA AREA ADDITION plat,the conveyance of the trail and parking easements described in Stipulations 5,6, 7 and 8,and the vacation of the easements identified in the Resolution and related Exhibits associated with City zoning application SAV#13-01 (collectively the"Development Documents"). 16 � AGENDA ITEM � � `F�d1ey CITY COUNCIL MEETING OF' DECEMBER 8, 2014 Date: December 2, 2014 To: Walter T.Wysopal, City Manager From: Scott Hickok, Community Development Director lulie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Special Use Permit Request,SP#14-05, by University Auto Sales and Service LLC for the property at 7700 University Avenue INTRODUCTION The petitioner, Mohsen Aghamirzai, the owner of University Auto Sales & Service LLC is requesting a special use permit to allow an indoor car sales business from the property located at 7700 University Avenue. Agencies selling or displaying new • }�.° , . T . � 's'� r '°w' i and/or used vehicles is a permitted -----�;�_ --.--�*---__,�1 _ _.:.. _., . _ _ _r_ special use in the C-3, General ; 4� w I �� ,� ° " Shopping zoning district, subject to ,',; M. ��. _._ � � i s tipu la tions sugges te d by sta ff. Two - � t _ � � , ! : ',:' � � @X8f11p�E'S Of OtflE'f SpeClB� USE' � a,' �'-t� �� ; nac wurr�c '„r '�i� i' �� .r� "� 1..; permits that have been approved for � ',`� In�eriorSitevPlari.� this type of use in Fridley are Friendly � Chevrolet and Hilltop Trailer. In both � � ` _ ` _ i � these situations, some vehicles are ! �u. �� ±-u ,.;.' "� �,� ! ;� ;� �F+. �` � displayed inside but the majority of � � � � � �. them are displayed outside. The �; � , � � �� petitioners request is the first � _, � , business in Fridle to dis la vehicles ?�� 1�; ;� ;,i� ��F , , Y p Y , - ��.� �.. �t..�. � ... �� ;�� `.� ��.�� for sale only inside. � � : ._ _.._ . �,_ _�. __7' ._.. . :_:I.i_' _..._�[;L,..�.,,.._C'i_.._"_ f�..7... _....r.,.. PLANNING COMMISSION "'"� t ��,�10 �� RECOMMENDATION :�, ,.. ,�., .a �.; r,. :.�, ., ,f ,� ,; .� ,.... ,� ,,�, ..� ,,.., ��,�,�uG At the November 19, 2014 Planning � � t4 Qa L4 Commission meeting, a public ��`P"�"-�f10N1 �— ��.—,, .o hearing was held for SP#14-05. After a brief discussion, the Planning Commission recommended approval of SP#14-05,with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. 17 PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission and approval of the attached resolution, including the following stipulations: STIPULATIONS 1. The petitioner shall meet all building,plumbing and fire code requirements. 2. The petitioner shall obtain any required permits prior to remode/of the property. 3. Overhead doors on the east side of the building shall have glass pane/s. 4. Vehicles for sale shall not be displayed outside, except during test drives. 5. Parking on-site outside shall be for cusiomers and employees only. 6. All washing of vehicles shall take place inside building, provided necessary building code requirements can be met, no vehicle washing shall take place outside. 7. The petitioner shall submit a landscape plan to City staff for review and approval at the same time as building permit submittal for remodel. 18 City of Fridley Land Use Application SP#14-05 and SP#14-08 November 19, 2014 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Public Utilities: University Auto Sales &Service LLC The building is connected. Mohsen Aghamirzai Physical Characteristics: 745 S. Robert Street Lot contains the building, hard surface parking and St. Paul MN 55107 driving areas and landscaped areas. Requested Action: SUMMARY OF PROJECT Special Use Permit to allow indoor auto sales The petitioner, Mohsen Aghamirzai, of University Special Use Permit to allow an automatic Auto Sales is requesting a special use permit to changeable sign allow an indoor auto sales business and a special location: use permit to allow an electronic changeable sign as 7700 University Avenue NE part of the free-standing sign, at the property Existing Zoning: located at 7700 University Avenue. C-3 (General Shopping) RECOMMENDATION Size: City Staff recommends approval of these special use 34,412 sq.ft. .79 acres permits, with stipulations. Existing Land Use: Agencies selling or displaying new and/or used Auto Service Use vehicles are an approved special use permit in Surrounding land Use&Zoning: commercial zoning districts, provided stipulations N: ABRA Auto Body& C-3 can be met. E: University Avenue & ROW Electronic changeable signs are an approved special S: Bob's Produce &C-3 use in the commercial zoning district, provided the W: Bob's Produce &C-3 sign complies with Code requirements. Com rehensive Plan Conformance: � F� �� p �° ,� Consistent with Plan ` �� . }" ~� x �� 'k 4 1 �: Zoning Ordinance Conformance: �;.tA `� �i - �� & � � ri t� . � � :` �,y,.i.`�� - 4 �v�• Section 205.15.1.0 (2) requires a special use permit ��a� � �.,�, � � � ;��' �� :� �. :� for automobile agencies selling or displaying new �� ° �,�,s ;: and/or used vehicles. � � �� Section 214.07 of the City of Fridley sign code requires a special use permit for an automatic changeable sign. � w��" °'�`"`�� Building/Zoning History: _ �,._ • 1972— Lot is platted. -�� "` ��'�� y� � � �� : � . � • 1976—Lot split, side yard setback variance and � �� ' � � �� y � � � �� special use permit for an automotive � ' ,��'�� `�� ,�-:.� �` �t ��:r . a� transmission repair and service business all � ' ' ,-��e � .. .,� � ; approved by the City CounciL � ,� • 1976— Existing building constructed. � ` "°� �� "� ,�..�. � � � �� .,. -�� 1976—Free-standing sign constructed. Aerial of the Site Legal Description of Property: CITY COUNCIL ACTION/60 DAY ACTION DATE The East 200 feet of Lot 4, Block 2, East Ranch Estates City COUnci)—December 8, 2014 Second Addition,except the North 160 feet thereof; 60 Day Date—December 16, 2014 including the portion of the vacated street described as Staff Report Prepared by: Stacy Stromberg follows: All that part of the Southerly 33 feet of the East 200 feet of Lot 4, Block 2, East Ranch Estates Second Addition,Anoka County, Minnesota. 19 Land Use Application Special Use Permit #14-OS and #14-08 RE UEST The petitioner, Mohsen Aghamirzai, the owner of University Auto Sales&Service LLC is requesting(2) special use permits in order to operate his business from the property located at 7700 University Avenue. The first special use permit the petitioner is requesting is to allow an indoor car sales business. The second special use permit request is to allow an electronic changeable message center sign to be incorporated with the free-standing sign. HISTORY AND ANALYSIS The subject property is located on the University Avenue Service Drive,just north of Osborne Road. It is zoned C-3, General Shopping as are the properties to the north,west and south. When the lot was developed in � ,�� m � � 1976, a lot split was approved by the City Council to allow � r m the creation of the subject lot. Also at this time, a variance g = � � m < ` was approved to reduce the north side yard setback from � � 15 ft.to 5 ft., and a special use permit was approved to �� allow an automotive transmission repair and service use. ' � Once those land use requests were approved by the City � Council, the existing building was constructed as was the free-standing sign. ��m � �� .w �._.�..__ )G]O �� TLOY Kennedy Transmission remained in this location until a few �m ��°�� , �,,,o< years ago. Since then,the site has continued to be used �° y� :�Ea°�"` for vehicle repairs. �=.��,E�°."E �. � �n �SBC�M��D� 305 76T The petitioner is in negotiation with the property owner to / ,�,� purchase the property, contingent upon the City's ,�SO J n,3 �„ � �s � approval of the special use permits being reviewed in this � a ,�s3 ,� report. �,' �., ns Indoor Car Sales Special Use Permit- Agencies selling or displaying new and/or used vehicles is a permitted special use in the C-3, General Shopping zoning district, subject to stipulations suggested by staff. Two examples of other special use permits that have been approved for this type of use in Fridley are Friendly Chevrolet and Hilltop Trailer. In both these situations, some vehicles are displayed inside but the majority of them are displayed outside. The petitioners request is the first business in Fridley to display vehicles for sale only inside. The petitioner has four other sales locations in the metro area; however this will be the first location with only indoor sales. The petitioner has articulated to staff that he would like to model this store after Poquet Auto, which is located in Golden Valley and has the same set-up with vehicles displayed inside the building. The inside of the existing building will be completely remodeled to allow the display of 25- 35 vehicles. The petitioner also plans to update the existing bathrooms and install a new office and waiting area. The outdoor improvements will include enhancements to the exterior of the building by re-painting the building and installing approximately 8 glass overheard doors on the east elevation. Installing these glass doors will open up the building and allow vehicle access in and out of the building. A main door vestibule will also be constructed to the front of the building with a clear path designated throughout the inside of the building to the waiting/office area. Landscape modifications are also planned to update the existing neglected landscape. 20 The proposed change in use and modifications the petitioner plans to make to both the interior and exterior of this property comply with City code requirements, provided the petitioner can comply with stipulations and staff believes will be a welcome improvement to the property. Electronic Changeable Message Sign Special Use Permit- Electronic changeable signs are an approved special use in any zoning district, except residential, provided the message doesn't change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning ��*��Q'"�'� district, in which the property is located. �� The subject property is zoned, C-3 General Shopping, which '�, :� � �:' � �i,,� �'�''�" � requires that tree standing signage can exceed 80 square feet � �� a�,a,L�a�, in size. There is an existing sign pole on-site that was used for Kennedy Transmission. Staff understands that the petitioner wiil use the existing sign pole and wiVl add a 51 sq. ft. sign face 4 with the business name and logo to the top of the pole, and N --�� then add at 24J sq. ft. e{ectronic changeable message sign. Both pieces of the sign wi11 be a tota{ of 75.7 sq, ft., which = �# . meets code size requirements. STAFF RECOMMENDATION City Staff recommends approval of these special use permits, with stipulations. Agencies selling or display+ng new and/or used vehicles are an approved special use permit in commercial zoning districts, provided stipulations can be met. Electronic changeable signs are an approved special use in the commercial zoning district, provided the sign complies with Code requirements, subject to stipulations. STIPULATIONS City staff recommends the following stipulations be attached to SP#14-05 (indoor vehicle sales): 1. The petirioner shall meet all building, plumbing and fire code requirements. 2. The petitianer shall obtain any required permits prior to remodel of the property. 3. Overhead doors on the east side of the building shall have glass panels. 4. Vehicles for sale shall not be displayed outside, except during test drives. 5. Parking on-site outside shall be for customers and employees only. 6. All washing of vehicles shall take place inside building, provided necessary building code requirements can be met, no vehicle washing shall take place outside. 7. The petitioner shall submit a landscape plan to City staff for review and approval at the same time as building permit submittal for remodel. City staff recommends the following stipulations be attached to SP#14-08 (electronic changeable message center): 1. Prior to sign installation, a sign permit and current sign erector license shall be obtained. 2. Message on L.E:D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. Existing sign base structures shall be painted and maintained in good condition. 21 RESOLUTION NO. 2014- A RESOLUTION APPROVING SPECIAL USE PERMIT,SP#14-OS FOR INDOOR AUTO SALES,PETITIONED BY IJNIVERSITY AUTO PROPERTIES LLLP,THE PROPERTY OWNER OF 7700 UNIVERSITY AVENUE NE WHEREAS, Section 205.15.1.C.(2) of the Fridley City Code allows automobile agencies selling or displaying new andlor used vehicles in the C-3, General Shopping zoning district by a special use permit; and WHEREAS, on November 19, 2014, the Fridley Planning Commission held a public hearing to consider a request by University Auto Sa1es and Service LLC for the property located of 7700 University Avenue NE in Fridley, legal description attached as Exhibit A, for a Special Use Permit SP# 14-OS for an indoor automobile sales use; and WHEREAS, on November 19, 2014, the Planning Commission unanimously recommended approval of Special Use Permit, SP#14-05; and WHEREAS, on December 8, 2014, the Fridley CiTy Council approved the stipulations represented in Exhibit B to this resolution as the conditions approved by the City Council on Special Use Permit SP# 14-05; and WHEREAS, Section 205.OS.S.G of the Fridley City Code states that this special use permit will become null and void one year after the City Council approval date if work has not commenced or if the petitioner has not petitioned the City Council for an extension; and WHEREAS, the petitioner, was presented with Exhibit B, the stipulations for SP# 14-05, at the December 8, 2014 City Council meeting and has agreed to abide by said stipulations in order to maintain SP# 14-05; NOW, THEREFORE, BE IT RESOLVED, that Special Use Permit SP# 14-OS and stipulations represented in Exhibit B are hereby adopted by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8� DAY OF DECEMBER, 2014. SCOTT LUND—MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 22 EXHIBIT A SP# 14-OS Special Use Permit for Indoor Automobile Sales Legal Description for 7700 University Avenue: The East 200 feet of Lot 4, Block 2, East Ranch Estates Second Addition, except the North 160 feet thereof; including the portion of the vacated street described as follows: All that part of the Southerly 33 feet of the East 200 feet of Lot 4, Block 2, East Ranch Estates Second Addition, Anoka County, Minnesota. 23 EXHIBIT B SP# 14-OS Special Use Permit for Indoor Automobile Sales University Auto Sales and Service LLC, 7700 University Avenue NE, Fridley, MN 55432 Stipulations: 1. The petitioner shall meet all building, plumbing and fire code requirements. 2. The petitioner shall obtain any required permits prior to remodel of the property. 3. Overhead doors on the east side of the building shall have glass panels. 4. Vehicles for sale shall not be displayed outside, except during test drives. 5. Parking on-site outside shall be for customers and employees only. 6. All washing of vehicles shall take place inside building,provided necessary building code requirements can be met, no vehicle washing shall take place outside. 7. The petitioner shall submit a landscape plan to City staff for review and approval at the same time as building permit submittal for remodel. 24 - AGENDA ITEM ,; tFn�ey CITY COUNCIL MEETING OF DECEMBER 8, 2014 Date: December 2, 2014 To: Walter T. Wysopal, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Special Use Permit Request, SP#14-08, by University Auto Sales and Service LLC for the property at 7700 University Avenue INTRODUCTION The petitioner, Mohsen Aghamirzai, the owner of University Auto Sales "°"�'0�"D� & Service LLC is requesting a special use permit for an electronic ,i� � changeable message sign in order to operate his business from the iii"� property located at 7700 University Avenue. � �, '� � �' � ��,j i `��"�' � AUTO SALE� Staff understands that the petitioner will use the existing sign pole and will add a 51 sq. ft. sign face with the business name and Iogo to the top of the pole, and then add at 24.7 sq. ft. electronic changeable message � _��„ sign. Both pieces of the sign will be a total of 75.7 sq. ft., which meets i�. code size requirements. , 1�.� �-� � . * �v. _��^ �Miri�" PLANNING COMMISSION RECOMMENDATION At the November 19, 2014 Planning Commission meeting, a public hearing was held for SP#14-08. After a brief discussion, the Planning Commission recommended approval of SP#14-08,with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission and approval of the attached resolution, including the following stipulations: STIPULATIONS 1. Prior to sign installation, a sign permit and current sign erector license shall be obtained. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. Existing sign base structures shall be painted and maintained in good condirion. 25 City of Fridley land Use Application SP#14-05 and SP#14-08 November 19, 2014 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Public Utilities: University Auto Sales &Service LLC The building is connected. Mohsen Aghamirzai Physical Characteristics: 745 S. Robert Street Lot contains the building, hard surface parking and St. Paul MN 55107 driving areas and landscaped areas. Requested Action: SUMMARY OF PROJECT Special Use Permit to allow indoor auto sales The petitioner, Mohsen Aghamirzai, of University Special Use Permit to allow an automatic Auto Sales is requesting a special use permit to changeable sign allow an indoor auto sales business and a special Location: use permit to allow an electronic changeable sign as 7700 University Avenue NE part of the free-standing sign, at the property Existing Zoning: , located at 7700 University Avenue. C-3 (General Shopping) RECOMMENDATION Size: City Staff recommends approval of these special use 34,412 sq. ft. .79 acres permits, with stipulations. Existing land Use: Agencies selling or displaying new and/or used Auto Service Use vehicles are an approved special use permit in Surrounding Land Use&Zoning: commercial zoning districts, provided stipulations N: ABRA Auto Body& C-3 can be met. E: University Avenue & ROW Electronic changeable signs are an approved special S: Bob's Produce & C-3 use in the commercial zoning district, provided the W: Bob's Produce &C-3 sign complies with Code requirements. Comprehensive Plan Conformance: � , � Consistent with Plan �' '�µ �" � � � .�-� �:_ � � .iC. '��i , 'y . Zoning Ordinance Conformance: � " '�� _ � � � � � � �� =� � Section 205.15,1.0 (2) requires a special use permit �z;, �� , �r, � � , € for automobile agencies selling or displaying new ��`�� A� ' and/or used vehicles. � �� ' � �'�� , �: Section 214.07 of the City of Fridley sign code ,� requires a special use permit for an automatic changeable sign. ,.�� ` �� A Building/Zoning History: �y,��.. �;F � ��= ; t —r�° � ��' x ' ,� • 1972— Lot is platted. � w-� � � ��=� � �., = � � �� `�� ` � ��! � • 1976— Lot split, side yard setback variance and "�� _ . �� , �� ;� �,� , � � _�: special use permit for an automotive �� '�"`� ,�� _-� �� ,. s� �� transmission repair and service business all �'� ��' � �oe"� � �"� ' � ' approved by the City CounciL ` • 1976—Existing building constructed. `'��.,�� 3 '� • 1976— Free-standing sign constructed. Aerial of the Site Legal Description of Property: CITY COUNCIL ACTION/60 DAY ACTION DATE The East 200 feet of Lot 4, Block 2, East Ranch Estates City Council—DeCember 8, 2014 Second Addition, except the North 160 feet thereof; 60 Day Date—December 16, 2014 including the portion of the vacated street described as Staff Report Prepared by: Stacy Stromberg follows: All that part of the Southerly 33 feet of the East 200 feet of Lot 4, Block 2, East Ranch Estates Second Addition,Anoka County, Minnesota. 26 Land Use Appiication Speciai Use Permit #14-05 and #14-08 RE UEST The petitioner, Mohsen Aghamirzai, the owner of University Auto Sales&Service LLC is requesting(2) special use permits in order to operate his business from the property located at 7700 University Avenue. The first special use permit the petitioner is requesting is to allow an indoor car sales business. The second special use permit request is to allow an electronic changeable message center sign to be incorporated with the free-standing sign. HISTORY AND ANALYSIS The subject property is located on the University Avenue Service Drive,just north of Osborne Road. It is zoned C-3, General Shopping as are the properties to the north, west and south. When the lot was developed in � � m � 1976, a lot split was approved by the City Council to allow � � � � � the creation of the subject lot. Also at this time, a variance � ; � � was approved to reduce the north side yard-setback from '" � � 15 ft.to 5 ft., and a special use permit was approved to � allow an automotive transmission repair and service use. Once those land use requests were approved by the City } Council, the existing building was constructed as was the � free-standing sign. E j _ _ � �� Kennedy Transmission remained in this location until a few =m ��°:� � o. years ago. Since then,the site has continued to be used � y NE,p°�"E`� �� for vehicle repairs. =��F"°�'E �., �n � 0`'B�pN�� l� MT The petitioner is in negotiation with the property owner to / ,�, n�3 �s� purchase the property,contingent upon the City's ns� � n`S � approval of the special use permits being reviewed in this � s n„ ,,, re ort. � � � ,�, n, p - lndoor Car Sales Special Use Permit- Agencies selling or displaying new and/or used vehicles is a permitted special use in the C-3, General Shopping zoning district, subject to stipulations suggested by staff. Two examples of other special use permits that have been approved for this type of use in Fridley are Friendly Chevrolet and Hilltop Trailer. In both these situations, some vehicles are displayed inside but the majority of them are displayed outside. The petitioners request is the first business in Fridley to display vehicles for sale only inside. The petitioner has four other sales locations in the metro area; however this will be the first location with only indoor sales. The petitioner has articulated to staff that he would like to model this store after Poquet Auto,which is located in Golden Valley and has the same set-up with vehicles displayed inside the building. The inside of the existing building will be completely remodeled to allow the display of 25- 35 vehicles. The petitioner also plans to update the existing bathrooms and install a new office and waiting area. The outdoor improvements will include enhancements to the exterior of the building by re-painting the building and installing approximately 8 glass overheard doors on the east elevation. Installing these glass doors will open up the building and allow vehicle access in and out of the building. A main door vestibule will also be constructed to the front of the building with a clear path designated throughout the inside of the building to the waiting/office area. Landscape modifications are also planned to update the existing neglected landscape. 27 The proposed change in use and modifications the petitioner plans to make to both the interior and exterior of this property comply with City code requirements, provided the petitioner can comply with stipulations and staff believes will be a welcome improvement to the property. Electronic Changeable Message Sign Special Use Permit- Electronic changeable signs are an approved special use in any zoning district, except residential, provided the message doesn't change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning �_�a�c�o�,o� district, in which the property is located. `, „ � The subject property is zoned, C-3 General Shopping, which � �; � � �� ,�� .��• requires that free standing signage can exceed 80 square feet # �,UTC� �AI.E� in size. There is an existing sign pole on-site that was used for ' Kennedy Transmission. Staff understands that the petitioner will use the existing sign pole and will add a 51 sq. ft. sign face 4 with the business name and logo to the top of the pole, and N �—�'` then add at 24.7 sq. ft. electronic changeable message sign. , } �� _ , Both pieces of the sign will be a total of 75.7 sq. ft., which ` " 3 : meets code size requirements. STAFF RECOMMENDATION City Staff recommends approval of these special use permits, with stipulations. Agencies selling or displaying new and/or used vehicles are an approved special use permit in commercial zoning districts, provided stipulations can be met. Electronic changeable signs are an approved special use in the commercial"zoning district, provided the sign complies with Code requirements, subject to stipulations. STIPULATIONS City staff recommends the following stipulations be attached to SP#14-05 (indoor vehicle sales): 1. The petitioner shall meet all building, plumbing and fire code requirements. 2, The petitioner shall obtain any required permits prior to remodel of the property. 3. Overhead doors on rhe east side of the building shall have glass panels. 4. Vehicles for sale shall not be displayed outside, except during test drives. 5. Parking on-site outside shall be for customers and employees only. 6. AI!washing of vehicles shall take place inside building, provided necessary building code requirements can be met, no vehicle washing shall take place outside. 7. The petitioner shall submit a landscape plan to City staff for review and approval at the same time as building permit submittal for remodel. City staff recommends the following stipulations be attached to SP#14-08 (electronic changeable message centerj: 1. Prior to sign installaiion, a sign permit and current sign erector license shall be obtained. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. Existing sign base structures shall be painted and maintained in good condition. 28 RESOLUTION NO. 2014 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 14-08 FOR AN ELECTRONIC CHANAGEABLE SIGN PETITIONED BY UNIVERSITY AUTO PROPERTIES LLLP,THE PROPERTY OWNER OF 7700 UNIVERSITY AVENUE NE WHEREAS, Section 214.07.01 of the Fridley City Code allows electronic changeable signs in commercial zoning districts by a special use permit if certain conditions can be met;and WHEREAS, on November 19, 2014, the Fridley Planning Commission held a public hearing to consider a request by University Auto Sales and Service LLC for the property located of 7700 University Avenue NE in Fridley, legal description attached as Exhibit A, for a Special Use Permit SP# 14-08 for an electronic changeable sign; and WHEREAS, on November 19, 2014, the Planning Commission unanimously recommended approval of Special Use Permit, SP#14-08; and WHEREAS, on December 8, 2014, the Fridley City Council approved the stipulations represented in Exhibit B to this resolution as the conditions approved by the City Council on Special Use Permit SP# 14-08; and WHEREAS, Section 205.OS.S.G of the Fridley City Code states that this special use permit will become null and void one year after the City Council approval date if work has not commenced or if the petitioner has not petitioned the City Council for an extension; and WHEREAS, the petitioner, was presented with Exhibit B, the stipulations for SP# 14-08, at the December 8, 2014 City Council meeting and has agreed to abide by said stipulations in order to maintain SP# 14-08; NOW, THEREFORE, BE IT RESOLVED, that Special Use Permit SP# 14-08 and stipulations represented in Exhibit B are hereby adopted by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY CqUNCIL OF THE CITY OF FRIDLEY THIS 8�' DAY OF DECEMBER,2014. SCOTT'LUND—MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 29 EXHIBIT A SP# 14-08 Special Use Permit for an Electronic Changeable Sign Legal Description for 7700 University Avenue: The East 200 feet of Lot 4, Block 2, East Ranch Estates Second Addition, except the North 160 feet thereof; including the portion of the vacated street described as follows: All that part of the Southerly 33 feet of the East 200 feet of Lot 4, Block 2, East Ranch Estates Second Addition, Anoka County, Minnesota. 30 EXHIBIT B SP# 14-08 Special Use Permit for an Electronic Changeable Sign University Auto Sales and Service LLC, 7700 University Avenue NE, Fridley, MN 55432 Stiuulations: 1. Prior to sign installation, a sign permit and current sign erector license shall be obtained. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. Existing sign base structures shall be painted and maintained in good condition. 31 - AGENDA ITEM � ' `Fna,ey CITY COUNCIL MEETING OF DECEMBER 8, 2014 Date: December 2, 2014 To: WalterT.Wysopal, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Special Use Permit Request, SP#14-06, DeMars Signs for Crooners Lounge and Supper Club at 6161 Hwy 65 INTRODUCTION The petitioner, Tim Olson, of DeMars Signs, who is representing Mary Tjosvold, the new owner of Crooners Lounge and Supper Club (formerly The Shorewood) at 6161 Hwy 65, is requesting a special use permit to incorporate an electronic changeable message center as part of the existing free-standing sign. � ♦ � The Shorewood had an 80 sq. ft. free-standing sign on site, with a manual reader board sign. The petitioner plans to use the sign base structure that already exists and mount a new sign panel with "Crooners Lounge and Supper Club" on it and then install a 2 ft. by 9 ft. electronic reader board sign. PLANNING COMMISSION RECOMMENDATION At the November 19, 2014 Planning Commission meeting, a public hearing was held for SP#14-06. After a brief discussion, the Planning Commission recommended approval of SP#14-06, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission and approval of the attached resolution, including the following stipulations: STIPULATIONS 1. Permit#2014-02082 issued 10/15/14 allows the installation of the electronic message center sign upon City Council approval. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D, sign shall never flash or have motion that may distract vehicular traffic in the area. 4. Exisring sign base structures shall be painted and maintained in good condition. 32 City of Fridley Land Use Application SP#14-06 November 19, 2014 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Physical Characteristics: DeMars Signs Lot contains the building, hard surface parking Tim Olson and driving areas and landscaped areas. 410 93�d Avenue SUMMARY OF PROJECT Coon Rapids MN 55433 The petitioner,Tim Olson, of DeMars Signs, who Requested Action: is representing the new property owner of 6161 Special Use Permit for an automatic changeable Hwy 65 NE, is requesting a special use permit to sign allow an electronic message center sign as part of Purpose: the free-standing sign. To install an electronic message center sign RECOMMENDATION Location: City Staff recommends approva/of this special use 6161 Hwy 65 NE permit, with stipulations. Existing Zoning: Electronic changeable signs are an approved C-3 (General Shopping) special use in the commercial zoning district, Size• provided the sign complies with Code 93,654 sq. ft. 2.15 acres requirements ,� �'° ,` � .: t �� ` � Existing Land Use: ��; �� ° ,�� 1 �` �� ; �� : ' �;a Restaurant ��' �� t � � � �, ., � � , �� ; '��l �� Surrounding Land Use&Zoning: „ � �> 7° �� r; �r �� i�±;� N: Salvation Army&C-3 ��r � �� ,�� - . ) �� - F F.e� .�. E: Lifetime Fitness &C-3 �,�f �` �. `� ` �.�>� � �;" �� . 1 a F3, w`a.e S: Moore Lake &Water ��.� � � �1� �. �_�.:-�,��, _,�-.� .�� ..��, W: Hwy 65 & ROW , , t �: ' #,� ' �� ° r t � °i � �`� � � � �"�° �� ' Comprehensive Plan Conformance: � � � ft „�,,.�,�.� t , � � �� ' Consistent with Plan ;� �� ` � ° "��°�- `,�' � ., g g ,`' g S .. � � �` ��t �� Zonin Ordinance Conformance: `�_�� _ '� �' ��- _ � ��" g �� . �;� � �� ' Section 214.07 of the City of Fridley sign code � �' � �� requires a special use permit for an automatic C' _�/ ��s� "' ' changeable sign ' �� '�� Building�Zoning History: +,��_ ,�� :.� • Property is(2) parcels t " � � Aerial of the Site • West parcel is an Auditors Subdivision CITY COUNCIL ACTION/60 DAY ACTION DATE and hasn't been platted. City Council—December 8, 2014 • East parcel is a Registered Land Survey 60 Day Date—December 16, 2014 and was platted in 1987. Staff Report Prepared by: Stacy Stromberg • Building constructed prior to 1949. • 1967—Original pylon sign permit. • 1971—Building addition. • 1982—Deck constructed. • 1987—Building addition. • Existing free-standing sign has been modified several times over the years. Legal Description of Property: Attached in packet Public Utilities: The building is connected 33 Land Use Application Specia) Use Permit #14-06 RE UEST The petitioner,Tim Olson,of DeMars Signs, who is representing Mary Tjosvold, the new owner of Crooners Lounge and Supper Club (formerly The Shorewood)at 6161 Hwy 65, is requesting a special use permit to incorporate an electronic changeable message center as part of the existing free-standing sign. ' , � � The Shorewood had an 80 sq. ft.free-standing sign on site,with a manual reader board sign. The petitioner plans to use the sign base structure that already exists and mount a new sign panel with "Crooners" on it and then install a 2 ft. by 9 ft. electronic reader board sign. HISTORY AND ANALYSIS The subject property is located on Hwy 65,just north of Moore Lake. It is zoned C-3, General Shopping as are the properties to the north and east. Based on reviewing the building records for this address, it appears the existing building was constructed prior to 1949. The original free-standing sign was constructed in 1967. The site was once used as a City Liquor Store. In 1971,the City sold the property to the Shorewood Inn. Since the Shorewood purchased the property in 1971,the use of the property as a restaurant has remained with some changes in ownership. The property was recently sold to Mary Tjosvold, who is the owner of Crooners Lounge and Supper Club. The free-standing sign on site has been modified several times over the years to allow the business name to change. CODE REQUIREMENTS Electronic changeable signs are an approved special use in any zoning district, except residential, .�,o t21 Q � e provided the message doesn't change more often `- � = than once every 45 seconds. The sign also needs to � m � ' be in conformance with the sign requirements for � �, the zoning district, in which the property is located. W� ? ��? The subject property is zoned, C-3 General �/AKf Oq NE � fMOOR��P Shopping, which requires that free standing signage � can not exceed 80 square feet in size. The existing W sign structure will be used, and the new sign face M C1�0 � that says "Crooners Lounge and Supper Club" is 54 — ---- sq. ft., and the electronic reader board portion of the sign will be 18 sq. ft. for a total sign square 6161 footage of 72 sq.ft. �} STAFF RECOMMENDATION "" City Staff recommends approval of the special use 4� permit as electronic changeable signs are an approved special use in the commercial zoning district,provided the sign complies with Code requirements, subject to stipulations. 34 STIPULATIONS City Staff recommends that if the special use permit is granted,the following stipulations be attached. 1. Permit#2014-02082 issued 10/15/14 allows the installation of the e/ectronic message center sign upon City Council approvaL 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. Existing sign base structures shall be painted and maintained in good condition. 35 RESOLUTION NO. 2014 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 14-06 FOR DEMARS SIGNS,ON BEHALF OF CROONERS REAL ESTATE COMPANY LLC, THE PROPERTY OWNER OF CROONERS LOUNGE AND SUPPER CLUB,LOCATED AT 6161 HWY 65 NE WHEREAS, Section 214.07.01 of the Fridley City Code allows electronic changeable signs in commercial zoning districts by a special use permit if certain conditions can be met; and WHEREAS, on November 19, 2014, the Fridley Planning Commission held a public hearing to consider a request by DeMars Signs, on behalf of the properiy owner of 6161 Hwy 65 NE in Fridley, legal description attached as E�chibit A, for a Special Use Pernut SP# 14-06 for an electronic changeable sign; and WHEREAS, on November 19, 2014, the Planning Commission unanimously recommended approval of Special Use Permit, SP#14-06; and WHEREAS, on December 8, 2014, the Fridley City Council approved the stipulations represented in Exhibit B to this resolution as the conditions approved by the City Council on Special Use Permit SP# 14-06; and WHEREAS, Section 205.OS.S.G of the Fridley City Code states that this special use permit will become null and void one year after the City Council approval date if work has not commenced or if the petitioner has not petitioned the City Council for an extension; and WHEREAS, the petitioner, was presented with Exhibit B, the stipulations for SP# 14-06, at the December 8, 2014 City Council meeting and has agreed to abide by said stipulations in order to maintain SP# 14-06; NOW, THEREFORE, BE IT RESOLVED, that Special Use Permit SP# 14-06 and stipulations represented in Exhibit B are hereby adopted by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8� DAY OF DECEMBER,2014. SCOTT LUND—MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 36 EXHIBIT A Legal description for 6161 HWY 65 NE: 13-30-24-33-0001 - THAT PART OF LOTS 16 & 17 AUDITORS SUBDIVISION NO 88 ALSO BEING PART OF SWl/4 OF SECTION 13 TOWNSHIP 30 RANGE 24 DESCRIBED AS FOLLOWS: BEGINING AT INTERSECTION OF SELY RIGHT OF WAY LINE TRUNK HWY NO 65 & S LINE OF SAID SWl/4, THNCE E ALONG S L1NE OF SAID 1/4 232 FT TO A POINT 1294.80 FT+OR- W OF S1/4 CORNER OF SAID SECTION, THENCE N AT RIGHT ANGLE TO LAST DESCRIBED LINE 285.54 FT, THENCE NWLY WITH A DEFL ANGLE TO LEFT OF 78 DEG 54 MIN 09 SEC 163.61 FT+OR-TO SAID SELY RIGHT OF WAY L1NE, THENCE SWLY ALONG SAID SELY RIGHT OF WAY LINE TO POINT OF BEGINNING, EXCEPT ROAD, SUBJECT TO EASEMENT OF RECORD. 13-30-24-33-0002 - THAT PART OF LOTS 16 & 17 AUD SUB NO 88 LYING BETWEEN E RIGHT OF WAY LINE OF TRUNK HWY NO 65 & A POINT ON A LINE 30 FT E OF SD RIGHT OF WAY L1NE & S OF S LOT LINE OF LOT 8 BLK 2 MOORE LAKE HIGHLANDS 3RD ADDITION&N OF THAT PART OF LOT 16 & 17 SAID AUDITORS SUBDIVISION DESCRIBED AS FOLLOWS: THAT PART OF SW1/4 OF SECTION 13 TOWNSHIP 30 RANGE 24 DESCRIBED AS FOLLOWS: BEGINING AT INTERSECTION OF SELY RIGHT OF WAY LINE OF TRUNK HWY NO 65 & S LINE OF SAID 1/4, TH E ALONG S LINE OF SAID 1/4 232 FT TO A POINT 1294.80 FT+O R- W OF S 1/4 CORNER OF SAID SECTION, THENCE N AT RIGHT ANGLE TO LAST DESCRIBED LINE 285.54 FT, THENCE NWLY WITH A DEFL ANGLE TO LEFT OF 78 DEG 54 MIN 09 SEC 163.61 FT+OR- TO SAID SELY RIGHT OF WAY LINE, THENCE SWLY ALONG SD SELY RIGHT OF WAY LINE TO POINT OF BEGINNING, EXCEPT ROAD, SUBJECT TO EASEMENT OF RECORD EXCEPT PART PLATTED AS OUTLOT C, SHOREWOOD PLAZA REVISED. 37 EXHIBIT B SP# 14-06 Special Use Permit for an Electronic Changeable Sign Crooners Lounge and Supper Club, 6161 Hwy 65 NE,Fridley,MN 55432 Stipulations• 1. Permit#2014-02082 issued 10/15/14 allows the installation of the electronic message center sign upon City Council approval. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. 4. Existing sign base structures shall be painted and maintained in good condition. 38 - AGENDA ITEM �r �y�f CITY COUNCIL MEETING OF DECEMBER 8, 2014 Fridley Date: December 4, 2014 To: WalterT. Wysopal,City Manager From: Scott Hickok,Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Request for Public Hearing Postponement for Special Use Permit Request,SP#14-07, by TCO Design for the property at 5310 4`h Street ANAYLSIS The petitioner, Todd Ofsthun, with TCO Design, on behalf of A. P. Ventures is seeking a special use permit to allow the construction of a comprehensive home care building at 5310 4th Street. The property is zoned R-3, Multi-Family, and clinic type uses are allowed in this zoning district with a special use permit. The owners of this project have affiliations with Allina, Fairview, . ,-°'`�- ��,„,;, ., ��,,=� ,�,___, � and the Universit of Minnesota .`f�' ` ` r'�'�`�-�r M �.z` Y µ��^ to offer the use of the proposed .�..,.�.., �- facility to potential patients. The � ��• -° _ patients using the facility will be ,' w; �; � f;�� ,�� recovering from surgery, �� `' % % r �' � trans lant re-o and ost-o or � �' � .' ,' ��`" � � �' P �p P p p) ':�;::� � another type of inedical . ' , -' procedure that leaves them ,. ' needing extensive rehab and „. �; ,�. �.__�_ �."�, `� .. , R -��.� medical services. This type of use �J_,_ � � ;. �� '- " . _� ,�' , is needed for patients, who for medical reasons, can't be on their ��MA� � own and do not have family or friends who can care for them. The proposed building will be 3-stories, with a maximum height of approximately 35 ft. Each level will have (5) separate bedrooms for patients and a common area, with living room, kitchen, bathroom, and laundry. The site plan allows for 6 surface parking stalls and 2 garage stalls: All garbage and recycling containers will be stored inside the building. The petitioner has also submitted a landscape plan 39 showing new tree, shrub and perennial plantings and will be required to construct storm water treatment on site to ensure that drainage is maintained on site. PLANNING COMMISSION RECOMMENDATION At the November 19, 2014 Planning Commission a public hearing was held for SP #14-07. Both the neighbors and the Commissioners expressed concerns over the amount of units and whether 8 parking stalls would be enough to accommodate a facility like this. Based on code requirements for a nursing home, which is the most similar use to the comprehensive home care use, 8 parking stalls are required. So, the project does meet the minimum parking requirements. However, staff also had concerns on how this use will function and whether or not 8 stalls would be enough. As a result, a stipulation will be placed on the special use permit that states if on-street parking becomes an issue for this site, the special use permit will need to go back before the City Council for further review. The neighbors also expressed concerns about the operation of the facility and types of staffing needed for the patients. Though the petitioner tried to answer as many questions as he could, the actual operator of the facility wasn't present at the meeting so many of the questions couldn't be answered. As a result of the parking and operation concerns for this use, the Planning Commission recommended denial of SP#14-07. THE MOTION CARRIED UNANIMOUSLY. UPDATE SINCE THE PLANNING COMMISSION MEETING Since the November 19, 2014 Planning Commission meeting,the petitioner has asked to have the public hearing before the City Council postponed so alternatives can be discussed before the operators of this facility and the petitioner. The petitioner has sent an email waiving State Statute 15.99,which requires the City to get the application through the process within 60 days. An alternative currently being considered is to purchase the property next door at 5300 4`h Street,which would give the use additional land area for parking. These details are in the process of being worked on. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council postpone consideration of Special Use Permit,SP#14-07 to February 9, 2015. This will allow the petitioner time to re-evaluate, submit new plans that will go before the Planning Commission on January 21,2015 and then to the Council for the final review on February 9, 2015. 40 From: Todd Ofsthun To: Strombera.Stacv Subject: Re:dedsion 5310 4th Street N.E. Date: Thursday,December 04,2014 12:48:12 PM Attathments: imaae003.ona Good afternoon Stacy, We would like to wave MN Statute 15.99 and postpone our City Council meeting to February. Thank you, Todd Ofsthun,TCO Design, 763-424-3676 From: "Stromberg, Stacy"<Stacy.Stromberg@fridleymn.gov> To:Todd Ofsthun<todd@tcodesign.net> Sent: Thursday, December 4,2014 11:05 AM Subject: decision? Hi Todd, I called and left you a message on your cell this morning. I need to have my memo to Council done this morning. Do you plan to postpone or withdraw? Thanks, s � � C�th H Fridlry StatyStromberg � Planner � CityofFridley � 6431UniversityAvenueN.E. Fridley, MN 55432 � p.763.572.3595 � f.763.571.1287� www.ci.fridley.mn.us �Please consider the environment before printing this email. �i� ACTION ITEM ;� CITY COUNCIL MEETING OF DECEMBER 8, 2014 Fdd�y Date: December 4, 2014 To: Wally Wysopal, City Manager/ Executive HRA Director From: Paul Bolin, Asst. Executive HRA Director Subiect: Resolution AmendinQ Citv Resolution #2014-54 - Columbia Arena Loan In August, the City Council and the Housing & Redevelopment Authority each adopted resolutions loaning money to the "Columbia Arena Fund". Both parties initially provided $1.5M towards the acquisition and demolition of the property. The Authority expects to incur additional redevelopment expenses in excess of$1.5M and were concerned that they may not be able to recover these additional funds as quickly as they would like. The language found in the amended resolutions allows the Authority to use the first increment available to recover those expenses, above the $1.5M. Once those extra expenses are recovered, increment will go towards paying the original $1.5M loans. An attached memorandum from Attorney Casserly provides further detail. Recommendation: Staff recommends the Council adopt the attached resolution, amending City Resolution 2014-54. 41 MONROE MOxNESS 7760 Frence Avenue South T 952.885.5999 Suite 700 F 952.885.5969 BERG Minneapolis,MN 55435-5844 MMBLawPirm.com James R.Casserly jcasserly@mmblawfirm.com Direct 952-885-1296 MEMORANDUM To: City of Fridley Attn: Wally Wysopal, City Manager Fridley HRA Attn: Paul Bolin, Assistant Executive Director From: James R. Casserly, Esq. Date: November 13, 2014 Re: Repayment of HRA advances in excess of $1.5M (Columbia Arena redevelopment project) Our File No. 9571-67 The Columbia Arena has now been purchased by the HRA, and the HRA is now in the process of obtaining bids for the demolition of the buildings and removal of asphalt. In addition the HRA is working on obtaining a No Association Letter from the MPCA and will address the environmental issues. Both the HRA and the City have agreed to put $1.5M towards the acquisition and redevelopment costs of the Columbia Arena redevelopment project. However the costs will soon exceed the $3.OM currently available for the project. The HRA recognizes it will have the responsibility of paying for additional redevelopment costs. Since the HRA is making interfund loans from its general fund to finance the redevelopment costs, it wo�ld like to have those additional costs in excess of its initial advance of$1.5M repaid first. The finro Resolutions attached accomplish this goal. The HRA Resolution amends an earlier Resolution which has the tax increment repaying the City and the Authority based on the outstanding principal of their respective loans on each payment date. The Amendment to the August HRA Resolution has the tax increment first paying the HRA for those amounts that it advances in excess of$1.5M. The City Resolution simply adopts the change put forth by the HRA Resolution which is attached as an Exhibit to the City Resolution. Please contact us if there are any questions or issues regarding these Resolutions. J RC/rl MMB:4825-9468-5472,v. 1 42 Page 1 —Resolution No. ' , RESOLUTION NO. 2014 A RESOLUTION AMENDING RESOLUTION NO. 2014-54 WHICH APPROVED A $1,500,000 LOAN TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA BE IT RESOLVED by the City Council (the "Councif") of the City of Fridley, Minnesota (the "City") as follows: Section 1. Recitals. 1.01 The City at its regularly scheduled meeting on August 11, 2014 adopted Resolution No. 2014-54 (the "Resolution No. 2014-54"). 1.02 The City and its Housing and Redevelopment Authority in and for the City of Fridley Minnesota (the "Authority") are to share equally in #he first $3,000,000.00 in costs for the Authority's redevelopment of the Columbia Arena site. 1.03 The Authority will make TIF Loans as defined in its Resolution No.2014-19 in excess of$1,500,000.00. The Authority wishes to recover its TIF Loans in excess of$1,500,000.00 (also referred to as Additional HRA Principal in Exhibit A). Section 2. Approval and Authorization. 2.01 The provisions for the repayment of the City Loan by the Authority is hereby amended in accordance with the Autho�ity's Resolution, a copy of which is attached to this City Resolution as Exhibit A amending the specific terms and conditions for the repayment of the City Loan. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, THIS 8th DAY OF DECEMBER 2014. SCOTT LUND, MAYOR ATTEST: DEBRA SKOGEN, CITY CLERK 43 � EXHIBIT A . HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 2014-19 A RESOLUTION AMENDING RESOLUTION NO. 2014-09 WHICH APPROVED INTERFUND LOANS ASSOCIATED WITH THE PROPOSED COLUMBIA ARENA REDEVELOPMENT PROJECT AND THE REPAYMENT OF A CITY LOAN BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and Redevelopment Authority in and for the City of Fridley (the "Authority") as follows: Section 1. Recitals. 1.01 The Authority at its regularly scheduled meeting on August 7, 2014 approved Resolution No.2014-09 (the "Resolution No. 2D14-09"). 1.02 The City of Fridley (the "City") and the Authority are to share equally in the first $3,000,000.00 of costs for the redevelopment of the Columbia Arena. 1.03 The Authority will make TIF Loans (as defined in Resolution No. 2014-09) in excess of$1,500,000.00. 1.04 The Authority, with concurrence by the City, intends to first recover its TIF Loans in excess of $1,500,000.00 (also referred to as Additional HRA Principal in Section 2 below). Section 2. Amendment of Resolution No. 201409. 2.01 The provisions of Section 2.03 of Resolution No. 2014-09 are hereby amended to read as follows (double underlined language is new and strikethroughs are deletions): ' 2.02 Payments on each TIF Loan and the City Loan are payable solety from Available Tax Increment, whicFi shall mean the tax increment available from the TIF District and available for that purpose, at the Authority's discretion, from any other tax 44 Page 2— Resolution No. increment financing district, after withholding (a) allowable Authority administrative fees, and (b) prior obligations, which shall include all general obligation or revenue bonds or notes for which the tax increment revenues of the TIF District or other tax increment financing districts are pledged. The Available Tax Increment shall first pay any TIF Loan principal in excess of$1,500,000.00 (the "Additional HRA Principal"), plus accrued interest on the Additional HRA Principal. After payment in full of the Additional HRA Principal and its accrued interest, then the Available Tax Increment shall be allocated between the City Loan and the unpaid portion of the TIF Loans in proportion to each of said Loans' respective outstanding principal balance on each Payment Date. Section 3. Apqrovat. The Board of the Authority hereby approves the repayment of the City Loan and the TIF Loans in accordance with this Resolution. PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY THIS 4th DAY OF DECEMBER, 2014. Lawrence R. Commers, Chairman ATTEST: Wally Wysopal, Executive Director MMB:48344737-4368,v. 1 45 � AGENDA ITEM � `'"°f CITY COUNCIL MEETING OF DECEMBER 8, 2014 Fridley To: Walter Wysopal, City Manager From: John Berg, Fire Chief Date: December 3, 2014 " Re: Resolution Authorizing Adoption of Anoka County Fire Protection Council Joint Powers Agreement The City of Fridley Fire Department and other municipal and private fire departments within Anoka County rely on each other for support in the form of mutual aid, specialized teams, and training, and now share a Public Safety Data System that includes a fire records management system. In order to share the cost of maintenance of the records system, the Anoka County Fire Protection Council needs to form as a legal entity under a joint powers agreement(JPA) similar to the Joint Law Enforcement Council. Under the JPA the Fire Protection Council will be represented by elected officials and local fire chiefs. Elected officials will participate in approving an annual budget as well as expenditures greater than $50,000. Fire Chiefs will represent the Fire Protection Council in day-to-day operations. By forming a JPA, the Fire Protection Council will also have the power to sign contracts, hire employees,purchase insurance, apply for grants and more. The Anoka County Fire Protection Council hired Jennifer Urban, Esq., Attorney and Advisor for Nonprofits, to draft bylaws and the JPA. She has worked with city attorneys throughout the County to provide the JPA and bylaws contained in this resolution. Staff is recommending adoption of a resolution authorizing a Joint Powers Agreement for the Anoka County Fire Protection Council to meet the legal needs for the members to accomplish goals in providing efficient and effective fire and emergency services to the public. 46 CITY OF FRIDLEY ANOKA COUNTY, MINNESOTA RESOLUTION NO.2014- RESOLUTION APPROVING THE ANOKA COUNTY FIRE PROTECTION COUNCIL JOINT POWERS AGREEMENT WHEREAS, the City of Fridley ("City") deems it advisable to address its current and long-term needs for fire-fighting and emergency equipment, fire records data systems, fire- fighter and EMS training, fire prevention, fire inspection, fire-related public education, and other fire- and emergency-related essentials with other nearby municipalities, in a cooperative way; and WHEREAS, the City has previously participated in mutual aid agreements that successfully encouraged cooperation among their members, but failed to provide sufficient legal authority for the members to efficiently and effectively meet future public needs; and WHEREAS, the Cities of Fridley, Andover, Anoka, Bethel, Blaine, Centerville, Champlin, Circle Pines, Columbia Heights, Coon Rapids, East Bethel, Ham Lake, Hilltop, Lexington, Lino Lakes, Mounds View, Nowthen, Oak Grove, Ramsey, St. Francis, and Spring Lake Park, and the Township of Linwood, State of Minnesota (hereinafter the "Members") have proposed joining together to improve the efficiency and effectiveness of fire and emergency services to the public areas served by the Members; and WHEREAS, the City has concluded that the creation of a joint powers entity with other Members will be mutually beneficial and will help the City and other Members provide current and long-term fire and emergency services in an efficient and effective way, improve interaction with the Anoka County Joint Law Enforcement Council and other private and public entities, and provide sufficient legal authority to accomplish these goals cooperatively; and WHEREAS, Minnesota Statutes, Section 471.59, authorizes governmental units to enter into joint powers agreements; WHEREAS, the City, having given due consideration to informal alternatives, agrees that entering into a joint powers agreement to share fire and emergency resources is in the public interest and therefore wishes to enter into the attached joint agreement with other Members to create the Anoka County Fire Protection Council. 47 NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that: l. The City hereby approves and enters into the attached Anoka County Fire Protection Council Joint Powers Agreement; 2. That the Mayor and City Manager are hereby authorized execute the Anoka County Fire Protection Council Joint Powers Agreement on behalf of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8t6 DAY OF DECEMBER,2014. SCOTT J. LUND -MAYOR ATTEST: DEBRA A. SKOGEN- CITY CLERK 2 48 ANOKA COUNTY FIRE PROTECTION COUNCIL JOINT POWERS AGREEMENT THIS AGREEMENT is made and entered into this day of , 2014, by and between the following governmental entities: the Cities of Anoka, Champlin, Andover, Bethel, Centerville,Lino Lakes,Circle Pines, Coon Rapids,Columbia Heights,East Bethel,Fridley,Ham Lake, Hilltop, Lexington, Nowthen, Oak Grove, Ramsey, St. Francis, Spring Lake Park, Blaine, Mounds View, and the Township of Linwood; (hereinafter"Members"). WHEREAS,the Members have determined that it is mutually beneficial for them to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically,Anoka County Fire Protection Council(hereinafter"ACFPC")will cooperatively address the Members' long term needs for fire-fighting and emergency equipment,fire records data systems, fire-fighter and EMS training, fire prevention,fire inspection,fire-related public education, and other fire- and emergency- related essentials; and WHEREAS,the Members have previously participated in mutual aid agreements that were successful in encouraging cooperation among the group,but said mutual aid agreements did not provide sufficient legal authority for the group to meet upcoming needs and desires; and WHEREAS, the creation of a joint powers agreement will meet the legal needs for the Members to accomplish the goals as set forth herein,including interaction with the Anoka County Joint Law Enforcement Council and other private and public entities; and WI�REAS,each of the Members have considered the alternatives,and agree that creation of this Agreement is in the Member's best interest;and WHEREAS,the Members enter into this Agreement pursuant to the authority set forth in Minn. Stat. § 471.59; NOW THEREFORE, in consideration of the mutual promises and benefits that each Member shall derive from this Agreement, and other good and valuable consideration,the Members agree as follows: 1 49 ARTICLE I Definitions In the interpretation of this Agreement and the Bylaws,the following definitions shall have the meanings given to them. (1) "Aggregate Index"or"AI"means a. The total number of Ca11s for Service experienced by all Members in the preceding five(5)calendar years, divided by five(5),plus b. Assessed Market Va1ue for all Members, divided by 1,000,000,plus c. Population for all Members, divided by 100. (2) "Agreement" shall mean this Joint Powers Agreement between and among the Members as defined herein. (3) "Anoka County Fire Protection Council"or"ACFPC"is the name of the cooperative joint powers entity created by this Agreement. (4) "Assessed Market Value"or"AMV"means the statistic established and maintained by the County Assessor for all of the real property in a given municipality. (5) "Call for Service"means the dispatching of any fire department or emergency personnel in response to an incident. (6) "Director"means an individual who is also a member of the ACFPC Joint Powers Board (i.e., a Fire Chief or an Elected Official)who,with the other ACFPC Directors acting through the process of voting,has the responsibility for determining and implementing the business and affairs of ACFPC. (7) "Joint Powers Board"means the collective group of Directors that is legally responsible for governing the cooperative joint powers entity created by this Agreement. ACFPC's Joint Powers Board is composed of(2)joint decision-making bodies: A.)Fire Chief Directors,who are responsible for the day-to-day operations and programmatic decisions of ACFPC that do not constitute"Major Financial Decisions;" and B.)Elected Official Directors,who are responsible for"Major Financial Decisions"of ACFPC. Together,the Joint Powers Board shall jointly exercise the powers and duties as stated in this Agreement as they deem is in the best interests of ACFPC. (8) "Major Financial Decisions"means an expenditure totaling fifty thousand dollars ($50,000)or more, and shall require prior approval by the elected officials' decision- making body. 2 50 (9) "Member(s)"sha11 mean the following government entities: City of Andover City of Anoka City of Bethel City of Blaine City of Centerville City of Champlin City of Circle Pines City of Columbia Heights City of Coon Rapids City of East Bethel City of Fridley City of Ham Lake City of Hilltop City of Lexington City of Lino Lakes City of Mounds View City of Nowthen City of Oak Grove City of Raxnsey City of Spring Lake Park City of St. Francis Township of Linwood (10) "Member Index"or"MI"means a. The total number of Calls for Service experienced by the Member in the preceding five(5) calendar years, divided by five (5),plus b. Assessed Market Value for the Member,divided by 1,000,000,plus c. Population for the Member,divided by 100. (11) "Officer"means an individual who is also an ACFPC Director and a fire service professional,who is fiuther entrusted with specific responsibilities and authority within ACFPC to perform the duties and functions of Chairman,Vice Chairman,Treasurer, and/or Secretary as set forth in the Bylaws. (12) "Population"means the most recent population estimate for a given municipality as developed by the Twin Cities Area Metropolitan Council. 3 51 ARTICLE II Purpose The purpose of this Joint Powers Entity is to join together to improve the efficiency and effectiveness of fire and emergency services to the public within the geographic service area of the Members. Specifically,ACFPC will cooperatively address the Members' long term needs for fire-fighting and emergency equipment, fire records data systems,fire-fighter and EMS training,fire prevention, fire inspection,fire-related public education,and other fire- and emergency-related essentials. ARTICLE III Effective Date&Term The effective date of this Agreement shall be , 2414,notwithstanding the dates of the signatures of the parties, and shall continue in full force and effect unless and until the Members agree to its termination, as set forth herein. ARTICLE IV Powers &Duties The Joint Powers Entity created by this Agreement shall have a11 the powers and duties assigned by law,including the following: (1) Powers: a. The Members hereby delegate to ACFPC all authority necessary and reasonable to accomplish the purposes of this Agreement,including,but not limited to,the ability to obtain grant monies,fmance,develop,design,construct,equip,own, staff, and operate any Member-approved programs in accordance with the terms of this Agreement. b. ACFPC may take and hold,by bequest,devise, gift,grant,purchase,lease or otherwise, any property,real,personal or mixed or any undivided interest therein, without limitation to amount or val�e; to convey, sell, or otherwise dispose of such property; and to invest,reinvest,and deal with the same in such a manner as in the judgment of the Members,will best promote the purposes of ACFPC. c. ACFPC may employ such staff as is necessary to carry out the purpose of this 4 52 Agreement, subject to the financiallimitations imposed by law and this agreement. d. ACFPC may contract with individuals andlor other legal entities(corporations, LLCs,partnerships, etc.)to best promote the purposes of the Agreement. e. ACFPC may issue bonds or obligations, and may use the pmceeds of the bonds or obligations to carry out the purposes of this Agreement. f. In addition to the powers specified above,ACFPC shall have all powers that may be necessary to enable it to perform and carry out its duties and responsibilities under this Agreement. (2) Service to the community shall be unrestricted based on considerations of disability, national origin,race,color,creed, gender,age,religian,marital status,sexual orientation, and status with regard to public assistance. (3) Duties: a. ACFPC shall operate in accordance with Minnesota open meetings laws and government data practices pursuant to Minn. Stat. Chapters 13 and 13D. b. ACFPC sha11 operate in accordance with Minnesota joint powers board laws pursuant to Minn. Stat. § 471.59. c. ACFPC sha11 operate in accordance with all other relevant laws,rules, and internal documents, including its Bylaws. In the event ACFPC's Bylaws conflict with this Agreement,this Agreement shall control. ARTICLE V Composition & Operations S.1 Composition. The ACFPC Joint Powers Board shall have the following composition of two (2)joint decision-making bodies: (1) Fire Chief Directors—For day-to-day operations and programmatic decisions of ACFPC that do not constitute"Major Financial Decisions": a. Each CitylTownship Member shall be represented by its Fire Chief,or the Fire Chief s designee in the Fire Chie�s absence. b. One(1)vote per fire department shall be counted when voting. Moreover, votes shall be weighted pursuant to the cost-share model, and seventy-five percent 5 53 (75%)of the cumulative weight of all the Members is required for passage of a11 items. c. The Fire Chiefs shall meet at least quarterly to assure proper governance and adequate programming. (2) Elected Official Directors—For"Major Financial Decisions"of ACFPC: a. Each CitylTownship Member sha11 be represented by one(1)of its elected officials,or the official's alternate in tlie official's absence. b. One(1)vote per City/Township Member shall be counted when voting. Moreover,votes shall be weighted pursuant to the cost-share model, and seventy- five percent(75%)of the cumulative weight of all the Members is required for passage of all items. c. The elected officials shall meet at least annually,to approve the ACFPC budget and ensure proper fiscal accountability. Additional periodic meetings may be necessary as required. 5.2 Operations. ACFPC shall have operating and govemance procedures as set forth in its Bylaws. ARTICLE VI Member Expense Allocations &Fees 6.1 Calculation. A Member's percentage share of the annual expenses of the ACFPC will be equal to the Member Index divided by the Aggregate Index. ' 6.2 Cost-share Model. For the calendar year beg'u�ning in the year 2015,the Member percentages shall be based on data from calendar year 2013, as displayed on the cost-share model attached as Exhibit B. Exhibit B will also serve as an example of the computarion methodology. The data for subsequent calendar years shall be assembled by the ACFPC's Executive Committee for use in annually updating Member expense allocations. 6.3 Annual Fee. Each Member shall pay an annual fee as well as pay its percentage share of ACFPC's annual expenses. The Joint Powers Board shall determine the annual fee and all other fees andlor assessments owed by Members, and these fees may be changed from time to time. The Joint Powers Board shall publish the annual fees on a regular basis to all Members and prospective Members. "Good standing" and continued voting privileges are contingent upon being current on payment of fees and/or assessments. Failure to pay a fee or assessment shall subject Members to loss of voting rights and/or terinination unless special arrangemennts are made with ACFPC. 6 54 ARTICLE VII Withdrawal and Termination 7.1 Withdrawal. A Member may withdraw from ACFPC effective January 1 of any year, subsequent to the Effective Date,by providing a minimum of one(1)year's written norice to the Chair of ACFPC. In the event of withdrawal by any Member,tlus Agreement shall remain in full force and effect as to all remaining Members and the cost-share model attached as Exhibit B shall be amended. 7.2 Termination of the Agreement. This Agreement shall terminate upon the occurrence of any one of the following events: (1) When any Member withdraws pursuant to this Article, so that in the judgment of the remaining Members, as evidenced by a vote of both the Fire Chief Directors and the Elected Official Directors, it becomes impractical or impossible to continue. (2) Wben necessitated by operation of law,or as a result of a decision by a court of competent jurisdiction; (3) When the Members agree,by resolution of both the Fire Chief Directors and the Elected Official Directors,to ternunate the Agreement; 7.3 Expulsion of a Member. If a Member fails to perform any material obligation as required by this Agreement,the Bylaws, or applicable law,then ACFPC may,upon sixty(60)days' written notice and continued nonperformance, expel such non-performing Member. 7.4 Effect of Termination or Withdrawal. Ternunation,withdrawal,or expulsion shall not discharge any liability incurred by any of the Members prior to the date of termination,withdrawal, or expulsion. Teimination,withdrawal,or expulsion of a Member shall not act to discharge any liability incurred or chargeable to said Member prior to the date of said Member's termination,withdrawal, or expulsion. Liability shall continue until appropriately discharged by law or mutual agreement. If a Member withdraws or is expelled, its contributions of real property,personal property, and/or liquid assets sha11 be forfeited to ACFPC for its continued use. 7.5 Distribution of Assets upon Termination. Upon termination of this Agreement, any and all real and personal assets shall be sold, and, after payment of all liabilities, surplus monies returned to the Members in proportion to their contributions, to be used for public purposes. 7 55 ARTICLE VIII Amendment This Agreement may be amended when the Members agree,by resolution of both the Fire Chief Directors and the Elected Official Directors. Notice of any proposed amendment shall be provided to all participating Members at least thirty(30)days prior to the effective date of the proposed amendment. ARTICLE IX Liability and Insurance 9.1 Insurance. ACFPC is a separate and distinct public entity. As such,ACFPC shall purchase and maintain adequate insurance to protect the enrity and its participant Members against risk of loss for the following, which includes,but is not limited to: (1) Damage to any ACFPC property,personal and/or real, as well as any improvements located thereon against claims that may arise during the construction,operation,use, or maintenance of any ACFPC properry; (2) Against claims which may arise from the regular activities of ACFPC as contemplated by the purposes of this Agreement; (3) Against unemployment and workers compensation, if ACFPC hires employees; (4) Against claims which may arise based on the good-faith actions of the Joint Powers Board and its Officers; (5) Against any other risk of loss that,in the judgment of the Members,will best promote the purposes of ACFPC. 9.2 Liability. Each Member shall be responsible for its own acts and those of its elected officials,employees,agents, independent contractors and the results thereof, and shall not be responsible for the acts of any other Member, its elected officials, employees, agents, or independent contractors and the results thereof, except as otherwise provided in this Agreement. Claims, liabilities, obligations, losses, expenses (including insurance premiums as well as reasonable attorney and other professional fees),judgments and costs paid or incurred by ACFPC(which arise out of its performance or fa.ilure to perform its duties under this Agreement),to the extent not covered by in�rance proceeds or a self-insurance risk pool, sha11 be included in the annual operating budget for the next calendar year. Amounts included in the 8 56 annual operating budget under tlus section shall be pro-rated so tbat the total costs passed through to the Members do not exceed ten percent(10%)of the annual operating budget. ' 9.3 Indemnification. ACFPC shall defend and indemnify its own officers,employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees, arising out of their good-faith actions carrying out the terms of this Agreement. Moreover, ACFPC sha11 defend and indemnify its participating Members and their officers, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees, arising out of their good-faith actions carrying out the terms of this Agreement. All requests for indemnification by ACFPC shall be presented to the Joint Powers Board, and the Members shall deternune whether the request should be granted or denied based on a11 of the relevant facts and circumstances as well as what best will promote the purposes of ACFPC. Nothing contained herein sha11 be construed to provide insurance coverage or indemnification to an officer, employee,or volunteer of any Member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office,willful neglect of duty,or bad faith. Nothing contained herein shall be deemed a waiver by any Member of any governmental immunity defenses, statutory or otherwise. Further, any and a11 claims brought against any Member sha11 be subject the maximum liability limits provided in Minnesota Statutes,Section 4b6.04. To the fullest extent pernutted by law, action by the Members to this Agreement are intended to be and shall be construed as a"cooperative activity"and it is the intent of the Members that they shall be deemed a "single governmental unit" for purposes of liability as set forth in Minnesota Statutes, Section 471.59, Subd. 1 a(a),provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of another party. Members are not liable for the acts or omissions of another Member except to the extent that they have agreed in writing to be responsible for the acts or omissions of the other Members. Any excess or uninsured liability shall be borne equally by all Members,but this does not include the liability of any individual officer,employee,or volunteer,which arises from his or her own malfeasance,willful neglect of duty,or bad faith. ARTICLE X Property A list of equipment andior personal property as set forth in Exhibit e is currently owned by ACFPC. Any equipment and/or personal property contributed by a Member after the Effective Date shall be set forth in a separate writing and shall be attached hereto as Exhibzt D. 9 57 Upon termination of this Agreement,ACFPC shall follow the distribution provision in Article - 6.5 of this Agreement. ARTICLE XI General Provisions _ 11.1 Entire Agreement. This Agreement contains the entire agreement of the Members and shall supersede all oral and written agreements as well as negotiations by the Membexs relating to the subject matter of this Agreement. 11.2 Severability. � The provisions of this Agreement are severable. If any pazagraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such provision shall be void and shall not affect the remaining portions of this Ageement. 11.3 Notice. All notiees and communications required pursuant to this Agreement shall be either hand delivered or mailed by U.S. Mail,to the following addresses: City of Andover Fire Chief 1685 Crosstown Blvd NW Andover,Minnesota 55304 763-755-9825 City of Anoka Fire Chief 2015 First Avenue North Anoka,Minnesota 55303 ?63-576-2860 City of Bethel Fire Chief 16S Main Street NW Bethel,Minnesota 55005 763-434-4366 City of Blaine Fire Chief � 10801 Town Square Drive NE, Blaine,Minnesota 55449 763-786-4436 10 58 City of Centerville Fire Chief 2085 West Cedar Street Centerville,MN 55038 651-792-7901 City of Champlin Fire Chief 11955 Champlin Drive Champlin,Minnesota 55316 763-576-2860 City of Circle Pines Fire Chief 200 Civic Heights Cirole Circle Pines,MN 55014 651-792-7901 City of Columbia Heights Fire Chief 590-40th Avenue NE Columbia Heights, Minnesota 55421 763-706-8152 City of Coon Rapids Fire Chief 11155 Robinson Drive NW Coon Rapids,Minnesota 763-767-6471 City of East Bethel Fire Chief 2241-221 st Avenue NE East Bethel,Minnesota 55011 763-367-7886 City of Fridley Fire Chief 6431 University Avenue NE Fridley,Minnesota 55432 763-572-3610 City of Ham Lake Fire Chief 15544 Central Avenue NE Ham Lake,Minnesota 55304 763-434-9555 City of Hilltop Fire Chief 4555 Jackson Street NE Minneapolis,MN 55421 763-706-8152 11 59 City of Lexington Fire Chief 9180 Lexington Avenue NE Lexington,Minnesota 55014 763-784-2792 City of Lino Lakes Fire Chief 600 Town Center Parkway Lino Lakes,MN 55014 651-792-7901 City of Mounds View Fire Chief 2401 Highway 10 Mounds View, MN 55112 763-786-4436 City of Nowthen Fire Chief 8188 199th Ave NW Nowthen,MN 55330 763-433-9886 City of Oak Grove Fire Chief 19900 Nightingale Street NW Oak Grove,MN 55011 763-404-7000 City of Ramsey Fire Chief 7550 Sunwood Drive NW Ramsey,Minnesota 55303 763-433-9886 City of Spring Lake Park Fire Chief 1301 81st Avenue NE Spring Lake Park,Minnesota 55432 763-786-4436 City of St. Francis Fire Chief 23340 Cree Street NW St. Francis,Minnesota 55070 763-441-4452 Township of Linwood Fire Chief 22817 Typo Creek Drive NE Stacy,Minnesota 55079 651-462-0502 12 60 The addressees listed in this section shall be the registered address of the Members for purposes of sending and receiving notices and communications required pursuant to this Ageement. Any Member may change its registered address and/or authorized representative by written notice delivered to the ACFPA Secretary and all other Members. Mailed notice shall be deemed complete two(2)business days after the date of mailing. 11.4 Members Form a Governing Joint Powers Board. For the purposes of the Agreement, the Members shall collectively form a Joint Powers Board, which shall govern the entity. The Members sha11 not be deemed to be independent contractors nor employees of ACFPC; rather, Members shall be deemed to be governing participants. Any and all agents, servants, employees, or independent contractors of a Member remains an employee or independent contractor of the Member, and shall not be considered an employee or independent contractor of any other Member for any purpose. This paragaph shall not prohibit an employee or independent contractor of any Member from contracting with ACFPC to provide services outside their normal engagements. 11.5 Damages. In the event of a Member's failure to perform obligations under this Agreement,that Member shall be liable to the other parties for any and all damages reasonably sustained by the other Member as a result of such failure. ACFPC shall attempt to first mediate all internal disputes and Members are strongly encouraged to engage in binding arbitration instead of litigation. 11.6 Remedies Cumulative. All remedies provided for herein or otherwise available at law or equity shall be cumulative. The election of one remedy shall not bar other remedies available to the Member. 11.7 Waiver of Default. The waiver of any default by any Member,or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default. The making or acceptance of a payment by any Member with knowledge of the existence of a default shall not operate or be construed to operate as a waiver of any subsequent default. 11.8 Subcontracts, Assignment. A Member may not subcontract, assign, or otherwise transfer its rights or obligations under this Agreement to any other entity—public or private. 11.9 Successors. Each Member binds itself and its successors, legal representatives, and assigns to the other Members and to the partners, successors, legal representatives, and assigns of such other Members, in respect to all rights and obligations unfler this Agreement. 13 61 IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands on the dates written below. � CITY OF ANOKA CITY OF CHAMPLIN BY� BY Phil Rice,Mayor ArMand Nelson,Mayor Dated: Dated• ATT'EST: AT"TEST: B3,; By. Tim Cruikshank,City Manager Bret Heitkamp,Ciry Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Scott Baumgartner,City Attorney Scott Lepak,City Attorney Dated: Dated: CTTY OF ANDOVER CITY OF BETHEL � By: By: ' e Gamach , ayor Todd Miller,Mayor Dated: �a/�� Dated: A T: � ATTEST: By: sy: J' kinson,City Administrator Ginger Berg,City Clerk Da �' / � l �� Dated: Appro F xecution: Approved as to Form and Execu�h'on: By: ' . ariner,City Attomey William Goodrich,City Attorney Dated: /� � Dated: 14 62 CITY OF BLAINE CITY OF COLUMBIA HEIGHTS By: By: Tom Ryan,Mayor Gary Peterson, Mayor Dated: Dated: ATTEST: ATTEST: By: By: � Clark Arneson, City Manager Walt Fehst, City Manager Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Patrick Sweeney, City Attorney Scott Lepak, City Attorney Dated: Dated: CITY OF CENTERVILLE CITY OF CIRCLE PINES By: By: Thomas Wilharber,Mayor David Bartholomay,Mayor Dated: Dated: ATTEST: ATTEST: By: By: Dallas Larson, City Administrator James Keinath, City Administrator Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: By: Kurt Glaser, City Attorriey Kim Kozar, City Attorney Dated: Dated: 15 63 CITY OF COON RAPLDS CITY OF EAST BETHEL � By: By: Tim Howe,Mayor Richard Lawrence,Mayor Dated: Dated: ATTEST: ATTEST: By: By: Steve Gatlin,City Manager Jaek Davis,City Administrator Dated: Dated: � Approved as to Form and Execution: Approved as to Form ar�d Execution: By: By David Brodie,City Attorney Mark Vierling, City Attorney Dated: Dated: CITY OF FRIDLEY CITY OF HAM LAI� � By: 8�..-�'t�.-�� .ti. Scott Lund,Mayor Mike Van Kirk,Mayor Dated: Dated: � � ATTEST: ATTEST: By: By: � � Wally Wysopal,City Manager poris Nivala, iry Administrator Dated: Dated: Approved as to Form and Exe�ution: Approved to Form and Execution By: ay: Darcy Erickson,City Afitorney Wilbur porn,City Attorney na�a• D�a: l2 -/ � ZGi�_ l6 64 CITY OF ffiL�TOP CITY OF LEXiNGTON ay: By: 7 Murp ,l��ay�r Michael Pitchford,Mayar Dated: /z�U/-/�{ Dated� ATTEST: ATTEST: By. t"�G,�� I�'.ev�� By. Ruth J.Nelson,City Clerk Bill Petracek,City Administcator Dated: I�-01-I�� Dated: Ap ed as to orm and Executio : Appm�ved as to Form and Execution: . B By: ar13. qtust, Attomey Kurt Giaser,City Attomey nated: l.�-01-1�/ nated: CITY OF LIN4 LAKES TOWNSHIP OF LINWOOD By: By: JeffReinert,Mayor Phillip Osterhus,Chair,Board of Supervisors Dated: Dated: ATTEST: ATTEST: By: By. Jeff Karlson,City Administrator Judy Hanna,Town Clerk Dated: Dated: Approved as to Form and Execurion: Approved as to Form and Execuiion: By By; Joseph LangEl,City Attorney Michael Haag,City Attorney Da�ed• Dated: 17 65 CITY OF MOUNDS VIEW CITY OF NOWTHEN By: By: Joe Flaherty,Mayor William Schulz,Mayor Dated: Dated: ATTEST: ATTEST: By: gy; James Ericson,City Administrator Corrie LaDoucer, City Clerk Dated: Dated: Approved as to Form and Execution: Approved as to Form and Execution: By: gy; Robert Vose, City Attorney Robert Ruppe,City Attorney Dated: Dated: CITY OF OAK GROVE CITY OF RAMSEY By: By; Mark Korin, Mayor Sarah Strommen,Mayor Dated: Dated: ATTEST: ATTEST: By: By; Rick Juba, City Administrator Kurt Ulrich,City Administrator Approved as to Form and Execution: Approved as to Form and Execution: By: By; Robert Vose, City Attorney Joseph Langel, City Attorney 18 66 CITY OF SPRING LAKE PARK CITY OF ST.FRANCIS By: By; - Cindy Hansen,Mayor Jerr it, Dated• Dated: ��- ��y�' ATTEST: p , � By: By; Daniel Buchholtz, City Administrator City Administrator�1t`t-Tinkj� �� TC�c.r� Dated: Dated: /eZ-/-�p/5� Approved as to Form and Execution: Approved as to Form and Execution By: By: __.-�` Jeffrey Carson, City Attorney Scott Lepak, Cit Attorney Dated: Dated: �� i� �.�,�� 19 67 EXHIBIT A -BYLAWS 20 68 Exhibit A Bylaws of Anoka County Fire Protection Council Article I—Name Section 1. Name. The name of the joint powers entity shall be Anoka County Fire Protection Council (hereinafter"ACFPC"). Article II—Location Section 1. Re�istered Office. The registered office of ACFPC is Spring Lake Park Fire Dept., Inc., 1710 County Hwy 10, Spring Lake Park, MN 55432. The corporate records sha11 be stored at ACFPC's registered office. Section 2. Mailin�Address. ACFPC's mailing address is Spring Lake Park Fire Dept., Inc., 1710 County Hwy 10, Spring Lake Park, MN 55432. Section 3. Other Offices. ACFPC may maintain other offices and places of business as the Board may from time to time designate or the business of the ACFPC may require. Article III—Purpose Section 1. Purpose. The purpose of this Joint Powers Entity is to join together to improve the efficiency and effectiveness of fire and emergency services to the public wit.hin the geographic. service area of the Members. Specifically,ACFPC will cooperatively address the Members' long term needs for fire-fighting and emergency equipment, fire records data systems, fire-fighter and EMS training, fire prevention, fire inspection, fire-related public education, and other fire- and emergency-related essentials. Section 2. Mission. ACFPC shall strive to: A. Improve safety conditions for ACFPC Members' firefighters; B. Promote fire safety through education, inspections, investigations, and general protection of its Members' citizens; C. Exchange ideas among ACFPC Members in areas related to all aspects of fire and emergency services; D. Enhance overall communications between and among ACFPC Members; 1 69 Exhibit A E. Strive to provide to the Members' communities the best overall fire and emergency services that can be jointly made available; F. Serve in an advisory capacity to the Members on matters related to fire and emergency services; G. Serve as an appropriate representative of firefighting and emergency services within Anoka County; H. Coordinate efforts for the mutual exchange of equipment and services among ACFPC Members; I. Provide appropriate training through the Anoka County Training Academy for ACFPC Members' firefighters; J. Participate in the creation and on-going management of the Records Management and Computer Aided Dispatch Systems for ACFPC Members; K. Establish and maintain cooperative relationships with Joint Law Enforcement Council and other government agencies; and L. Enter into contracts, agreements, and transactions for the benefit of all ACFPC Members. Article IV—Membership Section 1. Membershiu. Membership sha11 consist of the participating Members of the Joint Powers Agreement, as defined in said Agreement. Article V—Joint Powers Board Section 1. Number and Qualifications. The ACFPC Joint Powers Board shall have the following composition of two(2)joint decision-making bodies: A. Fire Chief Directors—For day-to-day operations and programmatic decisions of ACFPC that do not constitute"Major Financial Decisions": 1. Each City/Township Member shall be represented by its Fire Chief, or the Fire Chief's designee in the Fire Chiefs absence. 2. One(1)vote per fire department shall be counted when voting. Moreover,votes shall be weighted pursuant to the cost-share model, and seventy-five percent (75%)of the cumulative weight of all the Members is required for passage of all items. 3. The Fire Chiefs shall meet at least quarterly to assure proper governance and adequate programming. 2 70 Exhibit A B. Elected Official Directors—For"Major Financial Decisions"of ACFPC: l. Each City/Township Member sha11 be represented by one(1)of its elected officials, or the official's alternate in the official's absence. 2. One(1)vote per City/Township Member sha11 be counted when voting. Moreover,votes shall be weighted pursuant to the cost-share model, and seventy- five percent(75%)of the cumulative weight of all the Members is required for passage of all items. 3. The elected officials shall meet at least annually,to approve the ACFPC budget and ensure proper fiscal accountability. Additional periodic meetings may be necessary as required. Section 2. Governin�i Powers. Pursuant to the Joint Powers Agreement and Minn. Stat. § 471.59, the Joint Powers Board shall have a11 the duties and powers necessary and appropriate for the overall direction of ACFPC,including but not limited to: A. To perform any and all duties imposed upon them collectively or individually by law,by the Joint Powers Agreement,the Bylaws,andlor the Policies&Procedures; B. To appoint and remove, employ and discharge, and, except otherwise provided in these Bylaws, prescribe the duties and fix compensation, if any, of all Officers, agents, employees, independent contractors, and/or committees of ACFPC; to prescribe powers and duties for them; and to fix their compensation; C. To manage and oversee the affairs and activities of ACFPC, and to make policies and procedures; D. To enter into contracts, leases, and other agreements which are, in the judgment of the Joint Powers Board, necessary or desirable in obtaining the purposes of promoting the interests of ACFPC; E. To acquire real or personal properiy, by purchase, exchange, lease, gift, devise, bequest, or otherwise, and to hold, improve, lease, sublease,mortgage,transfer in trust, encumber, convey,or otherwise dispose of such property; F. To borrow money, incur debt, and to execute and deliver promissary notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities; G. To indemnify and maintain insurance on behalf of any of ACFPC, its Directors, Officers, agents, employees, or independent contractors, for liability asserted against the entity or incurred by such person in such capacity or arising out of such person's status as such, subject to the provisions of Minn. Stat. § 471.59 or other lawiequity; and 3 71 Exhibit A H. To follow these Bylaws, including meeting regularly. The Joint Powers Board may engage in such acts that are in the best interests of ACFPC and that are not in violation of Minnesota Statutes or Federal law. No Director shall have any right, title, or interest in or to any property of ACFPC. Section 3. Terms. Because both decision-making bodies composing the Joint Powers Board serve ex o�cio,there are no terms. Section 4. Election Procedures. Because both decision-making bodies composing the Joint Powers Board serve ex o�cio,there are no election procedures. Section 5. Resig�ation Termination Leaves, and Absences. A. A Director may resign or request a leave of absence at any time by giving written notice to the Secretary of ACFPC. The resignation or request for leave of absence is effective immediately without acceptance, unless a later effective time is specified in the notice. If a resignation is effecrive at a later date,the Board may fill the pending vacancy before the effective date if the Board provides that the successor shall not take office until the effective date. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. B. A Director on leave shall be considered an inactive member of the Joint Powers Board. At no time shall any participating Member go unrepresented or ha�e fewer than one(1) representative amongst the Fire Chief Directors as well as one(1)representative amongst the Elected Official Directors. C. Any Director may be removed for just cause, including excess unexcused absences,by an affumative vote of the remaining Directors within the specific Director group (i.e., Fire Chiefs or Elected Officials). At no time shall any participating Member go unrepresented or have fewer than one(1) representative amongst the Fire Chief Directors as well as one (1)representative amongst the Elected Official Directors. D. The matter of removal may be acted upon at any meeting of the Board, provided that notice of the intention to consider a Director's removal has been given to each Director and to the Director affected at least thirty (30) days in advance of the meeting. A successive Director may then be elected to fill the vacancy thus created. Any Director whose removal will be proposed shall be given at least thirty (30) days notice of the intent to take such action and an opporhuvity to be heard at this meeting. 4 72 Exhibit A Section 6. Vacancies. If a Member's representative is removed or resigns, the City/Township he/she represents must nominate another qualifying representative to serve on ACFPC's Board. At no time shall any participating Member go unrepresented or have fewer than one (1) representative amongst the Fire Chief Directors as well as one (1) representative amongst the Elected Official Directors. Section 7. Compensation. No compensation shall be paid to Directors of ACFPC for their services, time, and efforts. Directors,however,may be reimbursed for necessary and reasonable actual expenses incurred in the perfornnance of their duties. Section 8. Onen Meetings and Government Data. Pursuant to Minn. Stat. Chapters 13 and 13D, all meetings, including executive sessions,must be open to the public when required or pernutted by law to transact public business in a meeting, and records of those meetings must be recorded and made available to the public upon reasonable request. The minutes of ineetings shall record all votes taken at the meeting, including the vote of each Board Member on appropriations of money, except for payments of judgments and amounts fixed by statute. Government data must also be made available to the public upon reasonable request. The Board may close a meeting only under circumstances allowed or required by the Minnesota Open Meeting Law. Section 9. Public Comment at Meetinss. A minunum of fifteen (15) minutes shall be reserved at each Board of Director meeting for comments and requests for business to be brought before the Board by employees, volunteers, and/or interested community members. The Chair of the Board may reasonably limit individua.l speaking times. Section 10. Annual Meetin�s. An annual meeting shall take place in the month of January, the specific date,time, and location of which will be designated by the Chair of the Board. If the Chair fails to select a place for the annual meeting, it shall be held at ACFPC's registered office. The annual meeting shall be held for the purpose of electing the Officers of ACFPC, as well as the consideration of any other business that may be properly brought before the Board. This shall include, but not be limited to, Board reports regarding ACFPC acrivities and financial position; authorization of the annual information return for submission; approval of policy/procedures, Joint Powers Agreement and/or Bylaws changes; and input toward the direction of the ACFPC for the coming year. Section 11. ReQUlar Meetin�s. Regular meetings of the Joint Powers Board may be held at such time and place as shall be deter�uned from time to time by a majority of the Directors. If the Board fails to select a place for a regular Board meeting, it shall be held at ACFPC's registered office. The agenda shall be: • Call to Order • Roll Call 5 73 ExhibitA • Reading and Approval of Minutes of the preceding meeting • Approval of Agenda of current meeting • Reports of Officers • Reports of Committees • Old and Unfinished Business • New Business • Adjournment Section 12. Special Meetings. The Secretary of ACFPC shall call a special meeting upon the written request of any Director. If the Board fails to select a place for the special Board meeting, it shall be held at ACFPC's registered office. Section 13. Notice. Written notice, including the date, time, and place of the meeting, shall be provided to each Director at least five (5) calendar days in advance of any meeting. Notice shall not be provided more than sixty(60) calendar days in advance of any meeting. This notice shall be given personally, by mail, e-mail, telephone, or facsimile. The attendance at, or participation of a Director in, any meeting requiring written notice shall constitute a waiver of notice of such meeting, except where the Director attends or participates for the express purpose of objecting to the transacrion of business because the meeting was not lawfully called or convened. Section 14. uorum. At all meetings, fifty-one percent (51%) or greater of active Directors shall constitute a quorum for the transaction of all authorized business. If fifty-one percent (51%) or greater of active Directors are not present, no voting can occur; only an informal meeting may commence. Section 15. Votins. During Board meetings, votes shall be weighted pursuant to the cost- share model, and seventy-five percent (75%) of the cumulative weight of all the Members is required for passage of all items. Section 16. Proxies. Voting by proxy shall NOT be permitted. Section 17. Meetin� Procedures. Robert's Rules of Order shall be the authority for all questions regarding Board meeting procedures. Section 18. Meeting Decorum. ACFPC sha11 follow best and lawful practices for conducting business at Board meetings. The Joint Powers Board shall exemplify, communicate, and enforce the expectation that meetings be conducted in an orderly and respectful manner. The Joint Powers Board reserves the right to excuse any Director, Officer,member, guest, member of the media, or audience participant e�ibiting conduct that is disrespectful or disruptive to meeting proceedings. Per Robert's Rules of Order Newly Revised, the Chair has the sole responsibility to require order in a meeting. To that end, the Chair has the authority to call a 6 74 Exhibit A Director, Offcer, or member to order, and exclude non-members. If necessary to maintain an orderly meeting,the Chair has the authority to remove a participant from the meeting. Section 19. Written Action. Any acrion required or permitted to be taken at a Board of Director's meeting may be taken by written action signed, or consented to by authenticated electronic communication, by the nuinber of Directors that would be required to take the same action at a meeting of the Board at which all Directors were present. Article VI—Officers Section 1. Desi agn tion• Principal Officers of ACFPC sha11 be: Chair, Vice Chair,Treasurer, and Secretary. At the discretion of the Joint Powers Board, other Officers may be elected with duties that the Board sha11 prescribe. Section 2. Election of Officers. Officers shall also be Directors of ACFPC as well as fire service professionals, and must be elected at the annual meeting. Officers are elected by the Joint Powers Board. Unless sooner removed by the Board, Officers shall serve for a term of two (2) years, or until their successors are elected. A vacancy in any office may be filled by a majority vote of the Joint Powers Board for the unexpired portion of the term. The Joint Powers Board shall also have the authority to appoint such temporary acting Officers as may be necessary during the temporary absence or disability of the regular Officers. Section 3. Terms. All Officers shall serve a two (2)-year term. An Officer may serve an unlimited number of terms. Section 4. Resi a�n tion• An Officer may resign by giving written notice to ACFPC. The resignation is effective without acceptance when the notice is given to the Board, unless a later effective date is named in the notice. Section 5. Removal. Any Officer may be removed from his/her position for just cause by an affirmative vote of either the Fire Chief Directors or the Elected Official Directors. The matter of removal may be acted upon at any meeting of the Board,provided that notice of the intention to consider an Officer's removal has been given to each Member and to the Officer affected at least tlurty(30)days in advance of the meeting. Section 6. Compensation. Officers of ACFPC may, but need not, receive reasonable compensation for their services, time, and efforts. The amount and frequency of payments shall be reasonable, determined from time to time by the Joint Powers Board in accordance with the Conflicts of Interest Policy, and be legally compliant with all state and federal employment, nonprofit, and other applicable laws. In addition, Officers may be reimbursed for necessary and reasonable actual expenses incurred in the performance of their duties. 7 75 Exhibit A � Section 7. Chair. • The Chair shall be the principal Officer of ACFPC. • Subject to the direction and control of the Board, the Chair shall have general active management of the business of ACFPC. When present, the Chair shall preside at meetings of the Board and of Committees. • The Chair shall see that the orders and resolutions of the Boazd are carried into effect, and, along with one other Officer of ACFPC, sha11 sign and deliver in the name of ACFPC deeds, mortgages, bonds, contracts, or other instruments pertaining to the business of ACFPC, except in cases in which the authority to sign and deliver is required by law to be exercised by another person or is expressly delegated by the Joint Powers Agreement or by the Board to another Officer or the Executive Director(s). • The Chair may appoint all committees, standing and temporary. The Chair shall be a voting ex-officio member of all committees. • The Chair shall certify the proceedings of the Board, and shall cast the deciding vote when the Joint Powers Board is equally divided. • In general, the Chair shall discharge all duties incident to the Office of Chair and prescribed by the Board, and shall have such powers as may be reasonably construed as belonging to the Chief Executive of any organization. Section 8. Vice Chair. • The Vice Chair shall act in the absence or disability of the Chair. • The Vice Chair shall assist the Chair as requested. • The Vice Chair shall compile and maintain a book of policies and procedures in collaboration with the organization's legal counsel. • The Vice Chair shall perform other duties as prescribed by the Board or by the Chair. Section 9. Secretarv. • The Secretary shall keep, or cause to be kept, all non-fmancial business records and paraphernalia of ACFPC. The Secretary shall be responsible for maintaining all books, correspondence, committee minutes, Membership lists,paraphernalia, and papers relating to the business of ACFPC, except those of the Treasurer. The records and paraphernalia shall be maintained at ACFPC's registered office. • The Secretary shall keep, or cause to be kept,true and accurate minutes of all meetings of the Joint Powers Board and of the Executive Committee. Said minutes shall be kept within the Anoka County Records Management System and a timely copy of all such minutes shall be provided to each ACFPC Member. � The Secretary sha11 give, or cause to be given, all notices of Joint Powers Board meetings and other notices required by law or these Bylaws. 8 76 ExhibitA • The Secretary shall file any document required by any statute, federal or state, in collaboration with the organization's legal counsel. • The Secretary shall maintain the office and purchase office supplies. � The Secretary shall perform other duties as prescribed by the Board or by the Chair. Section 10. Treasurer. • The Treasurer shall have care and custody of monies belonging to ACFPC and shall be responsible for such monies or securities of the organization. The Treasurer sha11 be responsible to keep accurate financial records for ACFPC. • The Treasurer shall be keep, or cause to be kept, all fmancial records belonging to ACFPC. The records shall be maintained at ACFPC's registered office. � The Treasurer shall deposit(or cause to deposit)money, drafts, and checks in the name of and to the credit of ACFPC in the banks and depositories designated by the Board; endorse for deposit notes, checks, and drafts received by the ACFPC as ordered by the Board; make proper vouchers for deposit; and disburse (or cause to disburse) ACFPC's funds and issue checks and drafts in the name of ACFPC, as ordered by the Board. • With the assistance of appropriate professionals: The Treasurer shall prepare a proposed annual budget as well as present the budget and a report of the fmancial condition of the ACFPC to the Joint Powers Board at the annual meeting, and will, from time to time, make such other fmancial reports to the Joint Powers Board as it may require. The Treasurer shall also prepare (or cause to prepare) the annual tax filing (if appropriate), annual audit(if appropriate), and other annual fmancial reports. • The Treasurer shall serve as the Finance Committee Chair. � The Treasurer shall perform other duties as prescribed by the Board or by the Chair. Section 11. Any Officer of ACFPC, in addition to the duties and powers conferred upon him or her by these Bylaws, shall have such additional duties and powers as may be prescribed from time to time by the Joint Powers Board. Articles VII—Committees Section 1. Authori . The Joint Powers Board may act by and through such committees as may be specified in resolutions adopted by a majority of the Joint Powers Board. Each committee shall have such duties and responsibilities as are granted to it from time to time by the Joint Powers Board, and shall at all times be subject to the control and direction of the Joint Powers Board. Committee members, other than the Committee Chair, need not be Directors. Examples of committees that may be formed by the Board are: 9 77 Exhibit A • Standard Operating Procedures Committees: o Radio/Dispatch o Background Checks o Technical Rescue Tactics o Fire Investigations o General SOP • Fire Intervention/Community Education Program • Firefighter Excellence • Technological Advancements • Legal and Governance Committee Section 2. Executive Committee. The Joint Powers Board, by resolution adopted by a majority of the Board, may establish an Executive Committee to consist of at least the Officers. The Chair of the Board will be the Chair of the Executive Committee. The designation of the Executive Committee and the delegation of authority granted to it shall not operate to relieve the Joint Powers Board of any responsibility imposed upon it, as it is subject to the direction and control of the full Board. However, the Executive Committee shall have all the powers and authority of the Joint Powers Board in the intervals between meetings of the Joint Powers Board, except for the power to amend the Joint Powers Agreement and Bylaws. Section 3. Finance Committee. The Joint Powers Board,by resolution adopted by a majority of the Board, may establish a Finance Committee. The Treasurer is the Chair of the Finance Committee, which includes three other Directors. The Finance Committee is responsible for developing and reviewing the fiscal procedures, funding plans, and the annual budget with staff and other Directors. The Board must approve the budget and all expenditures must be within budget. Any major change in the budget must be approved by the Joint Powers Board. Annual reports are required to be submitted to the Board showing actual income,pending income, actual expenditures, and pending expenditures. The financial records of the organization sha11 be made available to the Directors,Officers, and the public. Section 4. Meetin�s. Meetings of the individual committees may be held at such time and place as may be determined by a majority of the committee, by the Board Chair, or by the Joint Powers Board. Notice of ineetings shall be given to the committee's members at least five (5) business days and no more than sixty business (60) days notice in advance of the meeting unless a11 members agree to a shorter notification. A majority of the committee's membership shall constitute a quorum. 10 78 Exhibit A Article VIII—Executive Director(s),Employees,& Independent Contractors Section 1. Desi a�n tion. The Joint Powers Board may select and employ an Executive Director. The Executive Director may also serve as a Director and/or Officer if pernutted by the Joint Powers Board; however, strict adherence to the Conflicts of Interest policy shall be necessary, the Executive Director shall only be compensated in his or her capacity as an employee, and the Executive Director shall not also serve as the Treasurer of ACFPC. Section 2. Duties. The Execurive Director shall be responsible for providing professional advice and assistance to the Joint Powers Board; administer the work delegated to the staff; hire and release staff members; coordinate with the Treasurer in paying bills and creating deposits; and have such other powers to perform other duties as may be assigned by the Joint Powers Board. Section 3. Other Staff. At the discretion of the Joint Powers Board, the Executive Director may hire and discharge other employed staff as may be reasonable and necessary to support the organization. The employed staff shall report directly to and be accountable to the Executive Director or his or her designee. Section 4. Compensation. ACFPC may pay compensation to the Executive Director, employees, and other independent contractors for services rendered. The amount and frequency of payments shall be reasonable, deterniined from time to time by the Board, and be legally compliant with all state and federal employment, nonprofit, and other applicable laws. Section 5. Checks Drafts, Petty Cash Fund. The Executive Director may be authorized to provide one of the signatures on checks, drafts, or other orders of payment for ACFPC. He or she may also be a�thorized to administer a Petty Cash Fund,the size of which will be designated _ by the Joint Powers Board. Article IX—Volunteers Section 1. Designation. The Joint Powers Board shall establish policies and procedures to recruit,train, and utilize volunteers in the operation of its activities and fulfillment of its purpose and mi:ssion. Section 2. Insurance Covera�e far Volunteers. ACFPC may maintain a special accident policy to cover those individuals serving the organization in a volunteer capacity. 11 79 Exhibit A Article X—Management,Finances,&Miscellaneous Provisions Section 1. Calendar Year. The accounting year of ACFPC shall be the calendaz year. The accounting year shall begin on the first day of January of each year and end on the last day of December of each year. Section 2. Books and Accounts. ACFPC shall maintain a savings and checking account at a reputable bank under the name "Anoka County Fire Protecrion Council." The Chair and Treasurer are authorized to act as signatories on all ACFPC bank accounts. In the event the Chairmanship is vacant or the Chair is incapacitated in some manner, the Vice Chair is authorized to temporarily act as a signatory in the Chair's place. In the event the Treasurer's position is vacant or the Treasurer is incapacitated in some manner, the Secretary is authorized to temporarily act as a signatory in the Treasurer's place. ACFPC's books and accounts (or an exact copy thereo fl shall be kept at the registered office. Section 3. Bud� An operating budget for ACFPC will be adopted one(1) year in advance of the effective date of budget. Example: The proposed 2016 budget will be discussed at the regular October 2014 ACFPC meeting and adopted at the January meeting of 2015. The Board must approve the budget and all expenditures must be within budget. Any major change in ACFPC's budget must be approved by the Joint Powers Board. Section 4. Financial Responsibilitv of Members. Each participating Member shall pay an annual fee as well as its percentage share of ACFPC's annual expenses. A. Annual Fee: 1. The Joint Powers Board shall deternune the annual fee and all other fees and/or assessments owed by Members, and these fees may be changed from time to time. The Joint Powers Board shall publish the annual fees on a regular basis to all Members and prospective Members. "Good standing"and continued voting privileges are contingent upon being current on payrnent of fees and/or assessments. Failure to pay a fee or assessment shall subject Members to loss of voting rights and/or ternunation unless special arrangements are made with the Board. 2. The period of time covered by the annual fee is from January 1 to December 31 of each year. i. At the regular October ACFPC meeting, a Notice of Dues will be distributed to each Member. The notice will include: Annual Dues and that Member's share of the ACFPC budget,based on the cost sharing model. ii. It shall be the responsibility of each ACFPC Member to remain in"good standing"by timely paying of their Notice of Dues and share of the ACFPC budget. A Member shall be in"good standing"when their annual fee and 12 80 ExhibitA share of the ACFPC budget has been fully paid to ACFPC by December 1 st. A participating Member whose annual fee and share of the ACFPC budget has not been fully paid to ACFPC by December 1 st shall not be in "good standing,"and said Member shall forfeit their voting rights on all business items at ACFPC meetings until such time as its annual fee and share of the ACFPC budget has been fully paid. B. Percentage Share of ACFPC Expenses: A Member's percentage share of the annual expenses of the ACFPC shall be equal to the Member Index divided by the Aggregate Index as defined in the Joint Powers Agreement. Member percentage shares will be displayed on a cost-share model compiled annually based on available data. Section 5. Le�al Instruments. All contracts, agreements, and other legal instruments executed by ACFPC shall be issued in the name of ACFPC, not the individual name of a Director or Officer. Legal instruments shall be signed by no less than two (2) Officers of ACFPC—the Chair(if able), and one other Officer. While Directors and Officers have authority to sign official documents on behalf of ACFPC, they may do so ONLY after proper consideration and approval by the Joint Powers Board. In the absence of approval by the Joint Powers Board,the individual Director or Officer is personally liable on the legal instrument. Section 6. Loans. No loans shall be contracted on behalf of ACFPC nor shall evidences of indebtedness be issued in its name unless specifically authorized by resolution of the Joint Powers Board. Such authority shall be confined to specific instances. Section 7. Examination bv Directors, Members & Public. Every Director, Officer, Member of ACFPC, and the Public shall have a right to examine, in person or by agent or attorney, at any reasonable time, and at the registered office, all books and records of ACFPC and make extracts or copies therefrom. Section 8. Periodic Reviews. To ensure ACFPC operates in a manner consistent with its public purposes, files all required paperwork, and does not engage in activities that could jeopardize its image and status, periodic reviews shall be conducted. The periodic reviews shall, at a minunum, include the following subjects: A. Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm's length bargaining; B. Whether partnerships,joint ventures, and arrangements with management organizations conform to ACFPC's written policies, are properly recorded, reflect reasonable . investrnent or payments for goods and services, further the Joint Powers Agreement's 13 81 Exhibit A purposes and do not result in impernussible private benefit or kickbacks; C. Whether ACFPC is properly filing paperwork with government entities. In addition to organizational compliance documents, ACFPC shall file all required employer reports to agencies such as the Minnesota Unemployment Insurance Fund, the Minnesota Dept. of Revenue,the Minnesota Attorney General's Office, the Minnesota Secretary of State,the Social Security Administration, and provide employee t� documents by the required deadlines. Section 9. Publication and Media. A. WEBSITE: ACFPC's official website shall be maintained monthly ar as often as deemed necessary by the Joint Powers Board. The webmaster sha11 coordinate with the Joint Powers Board with regard to website content. ACFPC will be responsible for paying all costs associated with the domain name, hosting, SEO, and other related expenses related to maintaining ACFPC's official URL. B. NEWSPAPERS AND PRESS: AC�PC shall always portray the organization and its Directors, Officers, members, employees, independent contractors, and other agents in the most positive nature possible. When internal andlor external crises arise, public relations matters may require rapid advice from an attorney or PR professional. Section 10. Affiliations. ACFPC may maintain professional affiliations that benefit and strengthen the organization in its capacity to fulfill its mission. Section 11. Policies and Procedures. The Joint Powers Board shall establish policies and procedures: • To codify decisions made by the Board at regular meetings in one centrallocation; • Regarding internal financial controls; • Regarding gifts and grants to other individuals/organizations; • Regarding employees and volunteers; • Regarding Emergency Response SOP; and • Regarding other topics that may become reasonable and necessary. Section 12. Amending the Joint Powers A�xeement and Bvlaws. ACFPC sha11 have the power to amend the Joint Powers Agreement and these Bylaws. Pursuant to the Joint Powers Agreement, amendments to the Joint Powers Agreement may be amended when the Members agree, by resolution of both the�ire Chief Directors and the Elected Official Directors. Notice of any proposed amendment shall be provided to all participating Members at least thirty (30) days prior to the effective date of the proposed amendment. Amending these Bylaws requires the same process. 1� 82 Exhibit A Certification These Bylaws were approved by all Members as a part of the adoption of the Joint Powers Agreement Secretary Date 15 83 EXHIBIT B-2015 COST-SHARE MODEL 21 84 EXHIBIT C-EOUIPMENT AND/OR PERSONAL PROPERTY CONTRIBUTED PRIOR TO THE EFFECTIVE DATE Purchase Category Description Date Cost FIP JFS Display cases FIP Projector for JFS FIl' luggage cart for FIl' 07/1$/2000 $ 30.89 FIP File boxes for FIP 03/26/2001 $ 26.23 FIT Investigation Team equipment 09l08l2004 $ 2,500.00 Label Printer 11/04/2004 $ 2,153.31 FIT Investigations Trailer 06/15/2405 $ 3,041.18 FIT Investigations Trailer signs 07/19/2005 $ 290.00 FIT Investigation Team equipment 03/O1/2006 $ 1,980.96 FIT Investigation Team equipment 03/06/2006 $ 1,203.24 FIT Investigation Team equipment 04/27/2006 $ 373.43 FIT Investigation Team equipment 06/O1/2006 $ 663.24 FIT Investigation Team equipment 07/24/2006 $ 439.55 FIT Investigation Team equipment 07/24/2006 $ 47.20 FIT Investigation Team equipment 07/24/2006 $ 203.09 FIT Investigation Team equipment O 1/29/2007 $ 150.00 22 85 CISD peer counseling laptop OSJ16i2007 $ 1,592.18 FIT Scanner for Fit 02/14/2008 $ 262.85 FIT File Cabinet for FIT 02/21/2008 $ 215.24 FIT Flash&Camera Bag FIT 08/07/2008 $ 379.47 FIT Hard Hats FIT 09/16/2008 $ 91.44 FIT Small Tools FIT 11/13/2008 $ 37.07 FIT Folding Chairs FIT 11/13/2008 $ 96.09 FIP FIP file cabinet 06/16l2009 $ 168.12 FIT FIT Items 07/13/2009 $ 92.66 FIT FIT Items 07/l3/2009 $ 90.07 FIT Half Mask&Filters 07/27/2009 $ 256.30 FIT FIT Tools 12/22/2009 $ 156.67 FIT ACFIT Camera 06/14/2010 $ 965.44 FIT Half Mask 11/04/2010 $ 330.00 FIP FIP computer software 10/24l2011 $ 1,437.19 FIT FIT- Flash Drive 02/06/2012 $ 32.12 23 86 EXHIBIT D-EQUIPMENT AND/OR PERSONAL PROPERTY CONTRIBUTED AFTER THE EFFECTIVE DATE 24 87 � AGENDA ITEM � `"'°� CITY COUNCIL MEETING OF FEidl�y DECEMBER 8, 207 5 TO: Walter T. Wysopal, City Manager PW14-058 FROM: James P. Kosluchar, Public Works Director DATE: December 4, 2015 SUBJECT: Award of Water Treatment Plant No. 3 Filter Drain Pump Improvement Project 459 On Wednesday, December 3rd at 2:00 pm, sealed bids were opened for the Water Treatment Plant No. 3 Filter Drain Pump Improvement Project 459. Four responsive bids were received. This project will provide piping and pump modifications to allow annual reclaiming of 1.2 million gallons of filter drain water that is currently discharged to the sanitary sewer. This will reduce annual MCES sanitary sewer charges. Through reuse of the water reclaimed, the project will also reduce groundwater withdrawals by 1.2 million gallons per year, and reduce power requirements for pumping of this same volume of water. The low responsive bid was received from Municipal Builders, Inc. of Andover, MN in the amount of $47,600.00. The highest of the four bids received was $58,500.00. The final engineer's estimate for the project was $55,000.00. Please refer to the attached bid tabulation. This project is included in the City's approved CIP for 2014 as part of the Well Updates project. Additional work for this item is under design currently. Municipal Builders, Inc. has not previously worked in the City of Fridley; however,we believe that they have sufficient capability to perform the work under this contract. Staff recommends the City Council move to receive the bids per the attached bid tabu/ation and award the Water Treatment Plant No.3 Filter Drain Pump/mprovement Project 459 to Municipa/Builders, lnc, of Andover, MN in the amount of$47,600.00. If the Council approves, �taff will notify the contractor of the award and issue a notice to • proceed to the contractor upon receipt of acceptable submittals. JPK/jpk Attachment 88 J �,. SEH Buifding a 8etter Worid for A41 of Us�' December 4, 2014 RE: City of Fridley, Minnesota Water Treatment Plant No.3 Filter Drain Pump SEH No. FRIDL 129130 Jim Kosluchar, PE Director of Public Works/City Engineer City of Fridley, Minnesota 6431 University Avenue NE Fridley, MN 55432 On Wednesday December 3, 2014 at 2:00 pm four bids were received for the above-referenced project. The results are summarized below in order of low bid. The low bid was submitted by Municipal Builders, Inc. in the amount of$47,600.00. Contractors Total Bid 1. Municipal Builders, Inc. $47,600.00 2. Shank Constructors, Inc. $48,200.00 3. Rice Lake Construction Group $55,000.00 4. Ma�ney Construction, Inc. $58,500.00 In reliance on our experience with Municipal Builders, Inc. andlor materials and information provided by the contractor, we have determined that 1)they have a sufficient understanding of the project and equipment to perform the construction for which they bid; and 2)according to their bonding agent they presently have the financial ability to complete the project bid. SEH makes no representation or warranty as to the actual financial viability of the contractor or its ability to complete its work. Accordingly, we recommend the project be awarded to Municipal Builders, Inc. in the amount of $47,600.00, based on their Total Bid, contingent upon the receipt by the City of all permits and easements if all permits and easements have not been obtained at the time of award. S+ncere , Mi1es B. nsen, PE Project Manager� Regiona!Practice Center Leader amc s:lfjlflfrid111291301bidding doxlwtp no.3 filter drain pump award rec letter 12314.docx Engineers � Architects � Planners � Scientists Short Elliott Hendrickson Inc.�3535 Vadnais Center Drive�Saint Paul,MN 55110-5196 SEH is 100�o emplayee-owrted 4 sehinc.com { 651.49U.2��0 � 80U.325.2U55 � 888.908.8166 fax 89 � AGENDA ITEM `'�� CITY COUNCIL MEETING OF Frtdley DECEMBER 8, 209 5 TO: Wa{ter T. Wysopal, City Manager PW14-059 FROM: James P. Kosluchar, Public Works Director DATE: December 4, 2015 SUBJECT: Approve Change Order #1 (Final) for Water Main Project 427 / Sewer Forcemain Project 433 Attached is Change Order No. 1 for the 2013-14 Water Main Project 427 / Sewer Forcemain Project 433. Project 427 rehabilitated the existing 6" water main on Matterhorn Drive south of Gardena Avenue(1,250'total length). Project 433 restored a sanitary force main on 53�d Avenue NE. Both projects were performed under a single contract by pipebursting. Penn Contracting of Blaine, MN completed the work. The amount of this change order is $8,000.00, which is just over a 3% increase in the original contract. There is no change to the contract completion date for the project as a result of this change order. Work adjustments directed under this change order include replacement of service curb stops for the 14 services on the project, which were added to avoid potential future service leakage due to their aged condition (item C1.1). The contractor furnished and installed a 4" gate valve, an additional 6" gate valve, and provided one additional connection (items C1.2, 50, and 51). The iattertwo items were adjustment to quantities at the bid unit costs. The project is substantialfy complete, with restoration activities remaining to be completed in the spring. Staff is recommending that the City Council move to approve Change Order No. 1 to Penn Confracting, Inc, in the amount of 8,000.00. If approved, the revised contract amount shal{ be increased from $ 246,160.00.00 to $254,160.00. JPK/jpk Attachment 90 � c�v•�* Pridlcy Public Works Depar�nent Sheets • Parks • Water • Sewer • Stormwater � Fleet • Facilities• F.ngineering December 8,2014 Penn Contracting inc. 13025 Central Ave.,Suite 200 Blaine,MN 55434 SUBJECT:Change Order No. 1(FINAL)- WATERMAIN PROJECT NO.427/SEWER FORCEMAIN PROJ.NO.433 You are hereby ordered,authorized,and instructed to modify your contract for the above referenced project by including the following items: ITEM N0. DESCRIPTION UNITS QUANTIN UNIT PRICE COST C1.1 F&I 1"Curb Stop EACH 14 $ 200.00 $ 2,800.00 C1.2 F&I 4"Gate Valve and Box EACH � 1 $ 1,650.00 $ 1,650.00 50 F&I 6"Gate Valve and Box EACH 1 $ 1,850.00 $ 1,850.00 51 Connect to Existing Water System EACH 1 $ 1,700.00 $ 1,700.00 CHANGE ORDER NO. 1 TOTAL= $ 8,000.00 Submitted and approved by James Kosluchar,Director of Public Works,on the 4th day of December,2014 James P.Kos�uchar, Director of Public Works Approved and accepted this day of ,2014 by Penn Contracting Inc. Penn Contracting Inc., Representative Approved and accepted this day of .2014 by the City of Fridley Scott Lund, Mayor Walter 7.Wysopal,City Manager Page 1 of 1 91 � AGENDA ITEM ""°f COUNCIL MEETING OF DECEMBER 8, 2014 Fridley CLAIMS CLAIMS 166317 - 166452 92 PREPARED 12/O5/2014, 9:01:00 A/P CHECKS BY PERIOD AND YEAR PAGE 1 PROGRAM: GM350L CITY OF FRIDLEY FROM 11/24/2014 TO 12/OS/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 12/04/2014 166317 ANOKA COUNTY CENTRAL COMMUNICA 1005 531.29 101-0440-425.43-32 11/19/2014 WIRELESS SERVICE 2014380 12/2014 531.29 12/04/2014 166318 ARCTIC GLACIER INC 1008 169.40 609-0000-183.00-00 11/30/2014 NOV-MISC 12/2014 89.60 609-0000-158.00-00 11/30/2014 NOV-MISC 12/2014 79.80 12/04/2014 166319 AMERICAN TEST CENTER 1032 1,140.00 101-0550-425.43-40 11/26/2014 ANNUAL SAFETY INSPECTION 2143036 12/2014 1,140.00 12/04/2014 166320 COUNTY OF ANOKA 1040 20.00 101-0220-415_43-31 11/19/2014 NOTARY FEE COLLINS 12/2014 20.00 12/04/2014 166321 COUNTY OF ANOKA 1040 20.00 101-0224-415.43-31 11/19/2014 NOTARY FEE SKOGEN 12/2014 20.00 12/04/2014 166322 COUNTY OF ANOKA 1040 20.00 101-0221-415.43-31 11/19/2014 NOTARY FEE NUNEMAKER 12/2014 20.00 12/04/2014 166323 AMUNDSON CIGAR & CANDY CO 1064 2,316.54 609-0000-184.00-00 11/30/2014 NOV-CIGS 12/2014 2,316.54 i�/04/2014 166324 AT & T MOBILITY 1116 4,138.69 W 101-0333-415.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 108.80 101-0220-415.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 48.88 225-0000-415.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 48.88 101-0440-425.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 1,231.88 101-0441-425.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 120.60 101-0550-425.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 290.62 101-0661-435.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 354.76 101-0669-435.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 101.13 101-0880-465.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 99.84 101-088'1-465_43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 34.99 101-0882-465.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 98.80 101-0770-455.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 68.76 601-7000-415.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 242.26 602-7000-415.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 216.19 101-0668-435.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 375.76 101-0666-435.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 261.57 101-0661-435.43-32 11/17/2014 CELL PHONE CHARGES 7251541144X1125 12/2014 34.99 101-0550-425.42-25 11/17/2014 CELL PHONES 7251541144X1125 12/2014 399.98 12/04/2014 166325 AMAZON.COM 1134 113 .96 101-0333-415.42-21 10/30/2014 SPACE PANEL,MOUNT 12/2014 103 .49 409-0000-415.42-21 10/30/2014 DYMO LABELWRITER 12/2014 79.99 101-0333-415.42-21 10/30/2014 CABLES 12/2014 111.67 409-0000-415.42-21 10/30/2014 MINIPRINT 425,ADAPTERS 12/2014 395.56 409-0000-415.42-21 10/30/2014 OVERPMT CK#165510 12/2014 386.45- 101-0333-415.42-21 10/30/2014 OVERPMT CK#165510 12/2014 190.30- PREPARED 12/OS/2014, 9:01:00 A/P CHECKS BY PERIOD AND YEAR PAGE 2 PROGRAM: GM350L CITY OF FRIDLEY FROM 11/24/2014 TO 12/OS/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ---------=-------------------------------------------------------------------------------------------------------------------------- 12/04/2014 166326 APACHE PRINT INC 1147 178.13 101-0770-455.43-32 11/25/2014 NEWSLETTER 46124 12/2014 178.13 12/04/2014 166327 AMERICAN BOTTLING COMPANY 1155 367,93 609-0000-183.00-00 11/30/2014 NOV-MISC 12/2014 367.93 12/04/2014 166328 ASPEN MILLS INC 1161 1,355.60 101-0440-425.42-17 11/18/2014 LOGO EMBROIDERED BADGE 157385 12/2014 23.20 101-0550-425.42-17 11/18/2014 EXPLORER SHIRTS,UNIFORMS 153906,7383,384 12/2014 1,332.40 12/04/2014 166329 ANOKA COUNTY LICENSE CENTER 1214 _ 12.00 101-0440-425.42-21 11/24/2014 TAB RENEWAL V#367 12/2014 12.00 12/04/2014 166330 ACE SOLID WASTE, INC 1241 Z�,lg 609-9200-415,43-40 12/O1/2014 REFUSE HAULING 360523 12/2014 27.19 12/04/2014 166331 ACE SOLID WASTE, INC 1241 188.02 101-0660-415.43-40 12/O1/2014 DEC REFUSE HAULING 359682 12/2014 188.02 12/04/2014 166332 ALLINA HEALTH SYSTEM 1244 10,260.00 101-0220-415.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 150.00 101-1000-415_43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 75.00 101-0331-415.43-30 04/30/2014 WELLNESS TESTING ZC10024183 12/2014 375.00 � 101-0332-415.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 150.00 101-0440-425.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 1,680.00 101-0550-425.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 300.00 101-0661-435.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 225.00 101-0666-435.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 300.00 101-0668-435.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 300.00 101-0669-435.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 225.00 101-0770-455.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 375.00 101-0880-465_43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 105.00 101-0881-465.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 225.00 225-0000-415.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 75.00 101-0000-135_00-00 04/30/2014 WELLNESS TESTING IC10024183 12/2014 75.00 270-0771-455.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 225.00 602-7000-415.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 225.00 609-9200-415.43-30 04/30/2014 WELLNESS TESTING IC10024183 12/2014 105.00 101-1000-415.42-21 04/30/2014 WELLNESS TESTING IC10024183 12/2014 5,070.00 12/04/2014 166333 ALLINA HEALTH SYSTEM 1244 430.50 101-0660-415.42-22 11/21/2014 AED BATTERIES 10018776 12/2014 430.50 12/04/2014 166334 AMARA WINES,LLC 1296 99.00 609-0000-181.00-00 11/30/2014 NOV-WINE 12/2014 96.00 609-9100-415.43-51 11/30/2014 NOV-FREIGHT 12/2014 3.00 12/04/2014 166335 ALL TIGHT PLUMBING 1318 907.50 101-0660-415.43-40 11/25/2014 PLUMBING REPAIRS 42 12/2014 907.50 PREPARED 12/OS/2014, 9:01:00 A/P CHECKS BY PERIOD AND YEAR PAGE 3 PROGRAM: GM350L CITY OF FRIDLEY FROM 11/24/2014 TO 12/O5/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 12/04/2014 166336 BATTERIES PLUS 2004 66.00 101-0550-425.42-21 11/20/2014 BATTERIES 028425943 12/2014 66.00 12/04/2014 166337 BEISSWENGER'S HARDWARE 2019 2,095.15 601-7000-415.42-25 12/O1/2014 GENERATOR 12/2014 2,050.00 101-0668-435.42-25 12/O1/2014 DRILL BIT SET 12/2014 15.69 101-0668-435.42-17 12/O1/2014 MECHANIC GLOVES 12/2014 20.69 101-0666-435.42-22 12/O1/2014 PIPE,CAP 12/2014 g.�� 12/04/2014 166338 BOB'S PRODUCE RANCH 2O31 1,193 .99 101-1000-415.42-21 12/04/2014 ANNUAL MTG REFRESHMENTS 36185 12/2014 1,193.99 12/04/2014 166339 BULMAN, GARY 2085 70.00 602-7000-415.42-17 11/21/2014 REIMB FOR' SAFETY BOOTS 23346 12/2014 70.00 12/04/2014 166340 BERNICK'S BEVERAGES 2207 1,128.80 609-0000-182.00-00 11/30/2014 NOV-BEER 12/2014 1,128.80 12/04/2014 166341 BLACKSTONE CONTRACTORS, LLC 2232 4,736.23 603-7500-415.45-30 09/02/2014 OAK GLEN CRK PROJECT EST#6 12/2014 4,736.23 12/04/2014 166342 BRIE CATER 2238 3,329.50 �101-0770-455.43-40 12/03/2014 LIONS DINNER 12/2014 3,329.50 CII 12/04/2014 166343 BAUHAUS BREW LAB, LLC 2239 142.00 609-0000-182.00-00 11/30/2014 NOV-BEER 12/2014 142.00 12/04/2014 166344 COCA COLA BOTTLING 3030 1,405.21 609-0000-183.00-00 11/30/2014 NOV-MISC 12/2014 1,076.37 609-0000-158.00-00 11/30/2014 NOV-MISC 12/2014 328.84 12/04/2014 166345 CUB STORE INC-NEW BRIGHTON STO 3126 18.83 101-0770-455.42-21 11/24/2014 ZONE BDAY PRTY SUPPLIES 12/2014 18.83 12/04/2014 166346 CUB FOODS INC 3127 32.37 270-0771-455.42-21 11/24/2014 SUET 12/2014 32.37 12/04/2014 166347 ROBERT CLAUSON 3153 1,828.80 101-0880-465.43-40 12/O1/2014 INSPECTIONS 12/2014 1, 828.80 12/04/2014 166348 COMCAST CABLE 3157 230.11 609-9200-415.43-32 11/13/2014 INTERNET SERVICE 772106210350223 12/2014 230.11 12/04/2014 166349 COMCAST CABLE 3157 314.71 225-0000-415.43-40 11/23/2014 CABLE SERVICE 772106210044545 12/2014 314 .71 12/04/2014 166350 COMCAST CABLE 3157 233.77 101-0333-415.43-32 11/13/2014 INTERNET SERVICE 772106210272773 12/2014 233.77 12/04/2014 166351 CROWN TROPHY 3203 128.55 601-7000-415.42-21 11/25/2014 RECOGNITION AWARD 15153 12/2014 64 .28 PREPARED 12/OS/2014, 9:01:00 A/P CHECKS BY PERIOD AND YEAR PAGE 4 PROGRAM: GM350L CITY OF FRIDLEY FROM 11/24/2014 TO 12/OS/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0661-435.42-21 11/25/2014 RECOGNITION AWARD 15153 12/2014 64.27 12/04/2014 166352 COMMUNITY HEALTH CAARITIES 3227 g,62 101-0000-219.08-00 12/O5/2014 PAYROLL SUMMARY 20141205 12/2014 9.62 12/04/2014 166353 CENTURY LINK 3295 287.03 270-0771-455.43-32 11/10/2014 PHONE SERVICE 7848676 12/2014 37.32 609-9100-415_43-32 11/22/2014 PHONE SERVICE 5710683 12/2014 214 .83 601-7000-415.43-32 11/22/2014 PHONE SERVICE 5711683 12/2014 17.44 602-7000-415.43-32 11/22/2014 PHONE SERVICE 5711683 12/2014 17.44 12/04/2014 166354 COMMERCIAL DOOR SYSTEMS, INC 3300 220.71 101-0660-415.43-40 11/21/2014 INSTALL DOOR CYLINDER 110504 12/2014 220.71 12/04/2014 166355 CHARLESTON COUNTY FAMILY COURT 3316 451.50 101-0000-219.19-00 12/OS/2014 PAYROLL SUMMARY 20141205 12/2014 451.50 12/04/2014 166356 DUO-SAFETY LADDER CORPORATION 4036 49.15 101-0550-425.42-21 12/03/2014 HEAT SENSOR LADDER LABELS 44838800 12/2014 49.15 12/04/2014 166357 DELANEY CONSULTING, LLC 4072 2,833 .00 609-9100-415.43-30 11/26/2014 CUSTOMER SERV MENTORING 1334 12/2014 2,833.00 ��04/2014 166358 DEFORGES PLUMBING,INC 4147 3,625.00 � LO1-0880-465.43-40 12/03/2014 PLUMBING INSPECTIONS 1480 12/2014 1,700.00 101-0880-465.43-40 11/26/2014 PLUMBING INSPECTIONS 1478 12/2014 1,925.00 12/04/2014 166359 D.K.N. CONSTRUCTION, LLC 4155 29,529.00 405-0005-415.43-40 11/21/2014 INSTALL DOOR/TILE 12342 12/2014 29,529.00 12/04/2014 166360 E.C.M. PUBLISHERS INC 5001 137.62 601-7500-415.43-34 11/21/2014 LEGAL BID PROJECT 459 163624 12/2014 137.62 12/04/2014 166361 E.M.I. AUD20 5009 112.63 101-0550-425.43-40 11/20/2014 REPAIRS TO SMOKE MACHINE W1117 12/2014 112.63 12/04/2014 166362 EMBEDDED SYSTEMS INC. 5025 2, 108.64 101-0441-425.43-40 11/26/2014 SIREN MAINT 33574 12/2014 2,108.64 12/04/2014 166363 EMERGENCY APPARATUS MAINT 5038 1, 042.21 101-0550-425.43-40 11/20/2014 A2 REPAIRS 77499 12/2014 1,042.21 12/04/2014 166364 EMERGENCY AUTOMOTIVE TECHNOLOG 5073 10,696.94 101-0000-144.00-00 11/18/2014 REPLACE LEGEND CIRCUIT AW090914-10A 12/2014 504.12 101-0550-425.42-22 11/20/2014 TWIST LOCK HALOGEN LAMP AW103114-1 12/2014 28.02 409-0000-415.45-60 11/18/2014 LAPTOP DOCKS AW0829148 12/2014 10,164.80 12/04/2014 166365 EXTREME BEVERAGE 5088 601.50 609-0000-183 .00-00 11/30/2014 NOV-MISC 12/2014 601.50 12/04/2014 166366 EMERGENCY RESPONSE SOLUTIONS,L 5103 456.98 101-0550-425.43-40 11/20J2014 FACE PIECE TEST 2812 12/2014 275.66 PREPARED 12/OS/2014, 9:01:00 A/P CHECKS BY PERIOD AND YEAR PAGE 5 PROGRAM: GM350L CITY OF FRIDLEY FROM 11/24/2014 TO 12/OS/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0550-425.42-22 11/19/2014 CORD REEL 3034 12/2014 181.32 12/04/2014 166367 FRIDLEY H.R.A. 6035 11,696.08 101-0000-208.00-00 12/02/2014 FEMA FOR 2011 TORNADO 12/2014 11,696.08 12/04/2014 166368 FLAHERTYS HAPPY TYME CO 6037 243 .00 609-0000-184.00-00 11/30/2014 NOV-MISC 12/2014 97.20 609-0000-158.00-00 11/30/2014 NOV-MISC 12/2014 145.80 12/04/2014 166369 TD AMERITRADE 6088 125.00 101-0000-219.15-00 12/OS/2014 PAYROLL SUMMARY 20141205 12/2014 125.00 12/04/2014 166370 FRIDLEY POLICE ASSOCIATION 6117 88.00 101-0000-219.22-00 12/OS/2014 PAYROLL SUMMARY 20141205 12/2014 88.00 12/04/2014 166371 FERGUSON WATERWORKS #2516 6134 838.98 601-7000-415.42-22 11/14/2014 COUPLERS,CURB STOP 120018 '12/2014 838.98 12/04/2014 166372 FINANCE AND COMMERCE,INC 6139 105.63 601-7500-415.43-34 11/12/2014 LEGAL-BID PROJ 459 12/2014 105.63 12/04/2014 166373 TERESA FARIS 6142 60.00 227-0000-415.43-40 11/25/2014 CHORES/MORE 12/2014 60.00 � /04/2014 166374 GOPHER STATE ONE-CALL INC 7013 203 .10 601-7000-415.43-40 11/30/2014 NOV LOCATE CALLS 128429 12/2014 101.55 602-7000-415.43-40 11/30/2014 NOV LOCATE CALLS 128429 12/2014 101.55 12/04/2014 166375 GRAINGER 7041 159.75 101-0000-144.00-00 11/OS/2014 WHEEL TAP 9587551796 12/2014 159.75 12/04/2014 166376 GUNDERSON, PETER 7072 70.00 601-7000-415.42-17 11/26/2014 REIMB SAFETY BOOTS 12/2014 70.00 12/04/2014 166377 GRAPE BEGINNINGS INC 7109 280.75 609-0000-181.00-00 11/30/2014 NOV-WINE 12/2014 274 .00 609-9100-415.43-51 11/30/2014 NOV-FREIGHT 12/2014 6.75 12/04/2014 166378 GRAFIK DISTINCTION, INC 7125 1,200.00 101-0220-415.43-30 11/26/2014 DEC NEWSLETTER 20252 12/2014 1,200.00 12/04/2014 166379 H & L MESABI INC 8001 10,024.20 101-0000-144.00-00 11/14/2014 PLOW BLADES 91941 12/2014 10, 024 .20 12/04/2014 166380 HOME DEPOT/GECF 8052 258.61 270-0771-455.42-21 11/21/2014 PUMPKIN NGHT SUPPLIES 12/2014 155.50 270-0771-455.42-21 11/21/2014 EXHIBIT SUPPLIES 12/2014 10.26 270-0771-455.42-22 11/21/2014 PLASTIC COVERING,TAPE 12/2014 184.12 601-7000-415.42-22 11/21/2014 BRACKETS,SHOVELS 12/2014 110.68 101-0550-425.42-21 11/21/2014 RETURNS 12/2014 51.26- PREPARED 12/OS/2014, 9:01:00 A/P CHECKS BY PERIOD AND YEAR PAGE 6 PROGRAM: GM350L CITY OF FRIDLEY FROM 11/24/2014 TO 12/OS/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOIINT ------------------------------------------------------------------------------------------------------------------------------------ 101-0550-425.42-22 11/21/2014 RETURNS 12/2014 35.84- 101-0550-425.42-21 11/21/2014 PVC, CABLE 12/2014 68.15 101-0666-435.42-22 11/21/2014 ADJUSTMENT CK#165610 12/2014 183.00- 12/04/2014 166381 HAWKINS INC 8093 1,249.76 601-7000-415.42-22 11/18/2014 BULK AZONE 3667298 12/2014 1,249.76 12/04/2014 166382 WENDY HIATT 9164 30.48 101-0669-435.43-33 11/26/2014 REIMB MILEAGE 12/2014 30.48 12/04/2014 166383 DOROTHY HEGNA 9175 3g.gz 101-0770-455.42-21 11/20/2014 TREATS FOR SR CASINO TRIP 12/2014 39.92 12/04/2014 166384 INDUSTRIAL DOOR CO INC 9015 2,086.11 101-0669-435.42-22 11/13/-2014 GARAGE DOOR W/LIFT MASTER D288516 12/2014 1, 917.11 101-0669-435.42-22 11/13/2014 SPRING FOR COLD STORAGE D288890 12/2014 169.00 12/04/2014 166385 IDENTISYS, INC 9025 1,365.00 101-0440-425.43-40 11/20/2014 ID CARD SYS SERV CONTRACT 234227 12/2014 1,365.00 12/04/2014 166386 INFRATECH INC 9051 5,250.00 603-7000-415.43-40 11/OS/2014 JOINT/LIFT HOLE GROUTING PR140869 12/2014 5,250.00 ��04/2014 166387 INTERSTATE ALL BATTERY CENTER 9073 81.50 pp _01-0440-425.42-21 11/20/2014 BATTERIES 1001982 12/2014 81.50 12/04/2014 166388 INTL ASSOC OF FIRE FIGHTERS - 9074 90.00 101-0000-219.15-00 12/OS/2014 PAYROLL SUMMARY 20141205 12/2014 90.00 12/04/2014 166389 INDEED BREWING COMPANY,LLC 9100 528.00 609-0000-182.00-00 11/30/2014 NOV-BEER 12/2014 528.00 12/04/2014 166390 IMAGING FUTURES INC 9104 75.00 101-0770-455.42-21 11/25/2014 SPEAKER 'FEE 12/2014 75.00 12/04/2014 166391 JOHN'S AUTO ELECTRIC II, INC 10021 315.00 101-0000-144.00-00 11/14/2014 STARTER 12/2014 315.00 12/04/2014 166392 RICK JOHNSON DEER AND BEVER, I 10023 90.00 101-0440-425.43-40 12/O1/2014 DEAD DEER REMOVAL 12/2014 90.00 12/04/2014 166393 JANI-KING OF MINNESOTA,INC 10056 5,325.56 101-0660-415.43-40 11/04/2014 CLEANING SERVICE 11140392,40518 12/2014 2,609.64 101-0660-415.43-40 12/O1/2014 DEC CLEANING SERVICE MIN12140384 12/2014 2,715.92 12/04/2014 166394 KAY PARK-REC CORP 11024 1,686.00 101-0660-415.42-25 11/19/2014 PICNIC TABLE,BENCHES 168474 12/2014 1,686.00 12/04/2014 166395 MATTHEW KOHNER 11113 600.00 101-1000-415.43-37 12/03/2014 SCHOOL REIMB ES1010 12/2014 600.00 PREPARED 12/OS/2014, 9:01:00 A/P CHECKS BY PERIOD AND YEAR PAGE 7 PROGRAM: GM350L CITY OF FRIDLEY FROM 11/24/2014 TO 12/OS/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 12/04/2014 166396 LEVANDER,GILLEN & MILLER, PA 12013 7,623.00 101-0222-415.43-30 11/30/2014 NOV ATTY FEES 12/2014 7,461.00 101-0222-415.43-30 11/30/2014 ATTY FEES JLEC CONTRACT 12/2014 162.00 12/04/2014 166397 LAW ENFORCEMENT LABOR SERVICES 12022 1,575.00 101-0000-219.13-00 12/OS/2014 PAYROLL SUMMARY � 20141205 12/2014 1,575.00 12/04/2014 166398 LOFFLER COMPANIES, INC 12143 1,423.56 101-0333-415.43-40 11/24/2014 CONTRACT MAINT FEES 1871794 12/2014 1,423 .56 12/04/2014 166399 JENNIFER LEAF 12181 45.00 101-0770-455.43-40 11/26/2014 CHORES/MORE 12/2014 45.00 12/04/2014 166400 MINNESOTA SAFETY COUNCIL INC 13041 476.00 101-0770-455.42-21 11/26/2014 DRIVING CLASS SUPPLIES 32796 12/2014 476.00 12/04/2014 166401 METROPOLITAN COUNCIL 13078 2,460.15 602-0000-209.00-00 11/30/2014 NOV SAC CHARGES 12/2014 2,460.15 12/04/2014 166402 MINN DEPT OF HEALTH 13125 13,022.00 601-0000-200.00-00 11/21/2014 4TH QRT WTR SERV CONNECTN 12/2014 13,022.00 ��/04/2014 166403 MINN DEPT OF LABOR & INDUSTRY 13150 1,451.25 �p101-0000-205.00-00 11/30/2014 NOV SURCHARGE 21284003055 21284003055 12/2014 1,451.25 12/04/2014 166404 MULTICARE ASSOCIATES 13214 45.00 601-7000-415.43-30 12/O1/2014 PRE-EMPYMNT PHYSICAL 64623 12/2014 45.00 12/04/2014 166405 MENARDS - FRIDLEY 13256 63.83 101-0660-415.42-22 11/21/2014 EXT CORD,D25 WIPES 82259 12/2014 63.83 12/04/2014 166406 MINN CHILD SUPPORT PAYMENT CEN 13307 304.11 101-0000-219.19-00 12/OS/2014 PAYROLL SUMMARY 20141205 12/2014 304.11 12/04/2014 166407 MINNESOTA METRO NORTH TOURISM 13416 4,346.35 806-0000-204.00-00 10/30/2014 OCT HOTEL/MOTEL TAX 12/2014 4,346.35 12/04/2014 166408 METERING & TECHNOLOGY SOLUTION 13467 1,005.00 601-0000-147.00-00 11/19/2014 WATER METERS 2332 12/2014 1,005.00 12/04/2014 166409 MANSFIELD OIL COMPANY 13472 5,861.93 101-0000-141.00-00 11/28/2014 FUEL 73751 12/2014 5, 861.93 12/04/2014 166410 NEWQUIST & HERRICK LAW OFFICES 14002 26,997.83 101-0222-415_43-30 11/26/2014 DEC PROS ATTY FEES 12/2014 26,997.83 12/04/2014 166411 NORTHERN SANITARY SUPPLY INC 14089 607.40 101-0660-415.42-22 11/21/2014 RESTROOM SUPPLIES 171785,171853 12/2014 607.40 12/04/2014 166412 NCPERS MINNESOTA-478000 14107 736.00 101-0000-219.27-00 12/OS/2014 PAYROLL SUMMARY 20141205 12/2014 736.00 PREPARED 12/OS/2014, 9:01:00 A/P CHECKS BY PERIOD AND YEAR PAGE 8 PROGRAM: GM350L CITY OF FRIDLEY FROM 11/24/2014 TO 12/OS/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 12/04/2014 166413 NEEDHAM DISTRIBUTING CO,INC 14116 420.90 609-0000-182.00-00 11/30/2014 NOV-BEER 12/2014 420.90 12/04/2014 166414 NETWORK MEDICS, INC 14157 126.25 409-0000-415.43-40 12/O1/2014 VITAL BACKUP GB 5652 12/2014 126.25 12/04/2014 166415 OPEN YOUR HEART 15011 25.00 101-0000-219.08-00 12/OS/2014 PAYROLL SUMMARY 20141205 12/2014 25.00 12/04/2014 1.66416 ON SITE SANITATION 15035 504.00 101-0770-455.43-41 10/19/2014 RESTROOMS-49ER PARADE 562690,562691 12/2014 504.00 12/04/2014 166417 OUTSIDE MAINTENANCE, INC 15072 307.50 101-0660-415.43-40 11/24/2014 SHOVEL/SALT WALKS 12045 12/2014 307.50 12/04/2014 166418 PEPSI COLA BOTTLING CO 16007 214 .60 609-0000-183.00-00 11/30/2014 NOV-MISC 12/2014 214.60 12/04/2014 166419 HUNTER HAMILTON 16029 870.25 601-6000-415.43-40 11/20/2014 UB TEMP EMPLOYEE 102965181 12/2014 870.25 12/04/2014 166420 PERFECT 10 CAR WASH 16062 17.94 Nr101-0440-425.43-40 11/24/2014 SQUAD WASHES POLICE 12/2014 17.94 O �/04/2014 166421 PRO-TEC DESIGN 16154 743.61 101-0660-415.43-40 11/28/2014 SOFTWARE AGREEMENT 69032 12/2014 743.61 12/04/2014 166422 PERFECT 10 CARWASH EXPRESS 16200 246.00 101-0332-415.43-40 10/31/2014 VEHICLE WASHES CITY HALL #6 12/2014 11.00 101-0881-465.43-40 10/31/2014 VEHICLE WASHES CITY HALL #6 12/2014 20.00 101-0882-465.43-40 10/31/2014 VEHICLE WASHES CITY HALL #6 12/2014 5.00 101-0440-425.43-40 10/31/2014 VEHICLE WASHES POLICE #10 12/2014 156.00 101-0882-465.43-40 10/31/2014 ' VEHICLE WASHES POLICE #10 12/2014 4.OQ 601-7000-415.43-40 10/31/2014 VEHICLE WASHES PUBLIC WRKS #7 12/2014 40.00 602-7000-415.43-40 10/31/2014 VEHICLE WASHES PUBLIC WRKS #7 12/2014 10.00 12/04/2014 166423 TARA ROGNESS 19042 165.00 270-0771-455.43-37 11/17/2014 REIMB REGISTRATION FEE MN NATURALISTS 12/2014 165.00 12/04/2014 166424 SAM'S CLUB 19004 1,339.84 101-0770-455.42-21 11/14/2014 ZONE SUPPLZES 12/2014 583 .77 101-0770-455.42-21 11/14/2014 SR PROGRAM SUPPLIES 12/2014 61.78 227-0000-415.43-32 11/14/2014 CHORES STAMPS 12/2014 97.50 101-0981-465.42-21 11/14/2014 TOD MTG SNACKS 12/2014 22.25 406-0006-435.42-22 11/14/2014 STR PROJ OPENHOUSE SNACKS 12/2014 20.98 101-0550-425.42-21 11/14/2014 COFFEE,BATTERIES 12/2014 106.46 270-0771-455.42-21 11/14/2014 SUPPLIES 12/2014 97.10 101-0331-415.43-31 11/14/2014 CITY MEMBERSHIP 12/2014 45.00 101-0331-415.43-31 11/14/2014 MEMBERSHIP 12/2014 50.00 PREPARED 12/O5/2014, 9:01:00 A/P CHECKS BY PERIOD AND YEAR PAGE 9 PROGRAM: GM350L CITY OF FRIDLEY FROM 11/24/2014 TO 12/OS/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0770-455.43-31 11/14/2014 MEMBERSHIP 12/2014 60.00 101-0770-455.43-31 11/14/2014 MEMBERSHIP 12/2014 15.00 270-0771-455.43-31 11/14/2014 MEMBERSHIP 12/2014 45.00 101-0550-425.43-31 11/14/2014 MEMBERSHIP 12/2014 60.00 101-0440-425.43-31 11/14/2014 MEMBERSHIP 12/2014 60.00 101-0660-415.43-31 11/14/2014 MEMBERSHIP 12/2014 15.00 12/04/2014 166425 SCHARBER & SONS INC 19011 697.94 101-0666-435.43-40 11/14/2014 HYD SYSTEM REPAIRS R08749 12/2014 697.94 12/04/2014 166426 SAFETY SIGNS 19097 450.00 571-0000-435.43-40 OS/15/2014 DRILL TEST BIKE WALK PROJ 14200886 12/2014 450.00 12/04/2014 166427 ST PAUL STAMP WORKS, INC 19166 110.88 101-0224-415.42-20 12/O1/2014 NOTARY STAMP-SKOGEN 318265 12/2014 36.00 101-0220-415.42-20 12/O1/2014 NOTARY STAMP-COLLINS 318265 12/2014 37.44 101-0221-415.42-20 12/O1/2014 NOTARY STAMP-NUNEMAKER 318265 12/2014 37.44 12/04/2014 166428 STAR TRIBUNE 19171 39.65 101-0220-415.43-31 11/16/2014 SUBSCRIPTION 10197607 12/2014 39.65 12/04/2014 166429 STIMEY ELECTRIC 19255 725.95 101-0660-415.43-40 11/30/2014 LIGHT FIXTURE 2465 12/2014 725.95 � � �04/2014 166430 STRAUGHAN AARDWARE, INC 19278 276.77 ~101-0770-455.42-21 11/20/2014 KEYS,HARDWARE 229452 12/2014 276.77 12/04/2014 166431 SHI INTERNATIONAL CORP 19328 1,992.00 409-0000-415.42-21 11/10/2014 OFFICE PRO PLUS LICENSE B02716844 12/2014 1,992.00 12/04/2014 166432 STEAMATIC OF THE TWIN CITIES 19360 169.28 405-0005-415.43-30 11/25/2014 ENG SERV ADA ENTRANCE 854177 12/2014 169.28 12/04/2014 166433 ZCOFTL FRIDLEY,LLC 20130 12,831.68 609-9100-415.43-41 12/O1/2014 DEC LEASE PAYMENT 470001A00000367 12/2014 12, 831.68 12/04/2014 166434 TOWMASTER, INC 20143 201.45 101-0000-144.00-00 11/12/2014 LIGHT WING PLOW 363867 12/2014 201.45 12/04/2014 166435 TITAN MACHINERY 20159 14.08 101-0000-144.00-00 11/O5/2014 BOLT 5017171 12/2014 14.08 12/04/2014 166436 TRAV'S OUTFITTER 20172 464.95 601-7000-415.42-17 11/24/2014 CARHART JCKT,OVERALLS 1508 12/2014 274 .97 602-7000-415.42-17 11/21/2014 CARHART JCKT,OVERALLS 14996 12/2014 189.98 12/04/2014 166437 UNITED WAY 21035 25.00 101-0000-219.08-00 12/O5/2014 PAYROLL SUMMARY 20141205 12/2014 25.00 12/04/2014 166438 U.S. DEPARTMENT OF EDUCATION 21066 220.55 101-0000-219.20-00 12/OS/2014 PAYROLL SUMMARY 20141205 12/2014 220.55 PREPARED 12/O5/2014, 9:01:00 A/P CHECKS BY PERIOD AND YEAR PAGE 10 PROGRAM: GM350L CITY OF FRIDLEY FROM 11/24/2014 TO 12/OS/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 12/04/2014 166439 VIKING INDUSTRIAL CENTER 22011 280.15 601-7000-415.42-17 11/19/2014 WINTER GEAR WTR DEPT 3033863 12/2014 280.15 12/04/2014 166440 WINE COMPANY 23043 675.55 609-0000-181.00-00 11/21/2014 NOV-WINE 12/2014 664 .00 609-9100-415.42-21 11/21/2014 NOV-FREIGHT 12/2014 11.55 12/04/2014 166441 XCEL ENERGY 24002 19,460.92 101-0550-425.43-38 11/18/2014 UTILITIES 435460529 12/2014 209.08 602-7000-415.43-38 11/18/2014 UTILITIES 435466697 12/2014 1, 150.07 101-0669-435.43-38 11/18/2014 UTILITIES 435272228 12/2014 18.11 101-0441-425.43-38 11/18/2014 UTILITIES 435281212 12/2014 55.83 270-0771-455.43-38 11/18/2014 UTILITIES 435270653 12/2014 425.88 101-0665-435.43-38 11/18/2014 UTILITIES 435483168 12/2014 16, 157.58 101-0666-435.43-38 11/18/2014 UTILITIES 435293033 12/2014 1,313.38 603-7000-415.43-38 11/18/2014 UTILITIES 435458769 12/2014 103.66 101-0666-435.43-38 11/18/2014 UTILITIES 436346339 12/2014 27.33 12/04/2014 166442 XEROX CORPORATION 24004 88.02 101-0550-425.43-35 12/03/2014 PRINTER USAGE 714759883 12/2014 88.02 12/04/2014 166443 YELLOW DOG UPHOLSTERY 25016 150.00 � 101-0661-435.43-40 11/03/2014 REPAIR SEAT 4104 12/2014 150.00 12/04/2014 166444 RED SAVOY PIZZA 26004 68.26 101-0770-455.42-21 11/09/2014 ZONE PIZZA-BDAY PRTY 12/2014 68.26 12/04/2014 166445 Z WINES USA 26012 106.50 609-0000-181.00-00 11/30/2014 NOV-WINE 12/2014 104 .00 609-9100-415.43-51 11/30/2014 NOV-FREIGHT 12/2014 2.50 12/04/2014 166446 ZEE MEDICAL SERVICE CO 26014 82 .90 601-7000-4'15.42-21 11/24/20'14 18T AID REFILLS 54097355 12/2014 35.85 101-0669-435.42-21 11/24/2014 1ST AID REFILLS 54097355 12/2014 47.05 12/04/2014 166447 JESSIE BRUESKE 2014151 20.00 101-0000-347.91-51 11/25/2014 REC REFUND 12/2014 20.00 12/04/2014 166448 COLORADO DEPT OF REVENUE 2014174 2.20 101-0440-425.42-21 11/20/2014 BACKGROUND CK FEE 12/2014 2.20 12/04/2014 166449 TOM DETERMAN 2014192 1,400.00 101-0000-346.01-41 11/25/2014 REFUND VARIANCE FEE REC#24974 12/2014 1,400.00 12/04/2014 166450 SUSAN KNAPTON 2014379 25.00 101-0000-347.91-51 11/25/2014 REC REFUND 12/2014 25.00 12/04/2014 166451 JOHN PHILLIPS 2014538 25.00 601-0000-371.70-00 12/O1/2014 WATER METER REFIIND 12/2014 25.00 PREPARED 12/OS/2014, 9:01:00 A/P CHECKS BY PERIOD AND YEAR PAGE 11 PROGRAM: GM350L CITY OF FRIDLEY FROM 11/24/2014 TO 12/OS/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 12/04/2014 166452 CHERYL SKLUZACEK 2014616 20.00 101-0000-347.91-51 11/25/2014 REC REFUND 12/2014 20.00 DATE RANGE TOTAL * 249,225.71 * � O W �_�� CITY COUNCIL MEETING OF �`Fna��Y DECEMBER 8, 2014 BUSINESS LICENSE LIST Temporary Liquar License Fridley Lions City Clerk January 9,2015 Bruce Falink,Applicant Public Safety Director Food and Tobacco License Sun Market Inc City Clerk 6566 University Ave NE Public Safety Director Rapil Jassim,Applicant Fire Marshall Planner 104 ,.;.�� AGENDA ITEM F�dleY CITY COUNCIL MEETING OF DECEMBER 8, 2014 LICENSES Contractor T e A licant A roved B Mike's Drywall Commercial or Mike Lamkin Ron Julkowski, CBO S ecial Archer Mechanical Gas Services Shane Jo ce Ron Julkowski, CBO Archer Mechanical HVAC Shane Jo ce Ron Julkowski, CBO DTB M t LLC Excavatin Denn Ma Ron Julkowski, CBO Midstate Landsca in &Excavatin Excavatin Jason Anderson Ron Julkowski,CBO 105 �� AGENDA ITEM � Fridley CITY COUNCIL MEETING OF DEC 8, 2014 LICENSES To: Walter T. Wysopal, City Manager Mayor and City Council From: Scott Hickok, Community Development Director Deb Biorn, Rental Property Inspections Date: December 3, 2014 Re: Annual Renewal of Licenses AGENDA ITEM CITY COUNCIL MEETING Attached is a list of 55 properties that have submitted a rental license application,paid all fees related to license renewal, and completed the rental inspections process. The Rental Property Inspections Division of Community Development recommends that the City Council approves the issuance of the rental licenses for these properties. 106 Ready for Certificate The properties listed below meet the rental property guidelines according to Chapter 220 of the Fridley City Code Property Id Property Address Units Owner 2277 1542 N Timber Ridge NE 1 Ahmet Baysal 2279 6783 Overton Dr. NE 1 Kevin Campbell 1129 4939 3rd St. NE 7 Elmquist Apartments 1130 4949 3rd St. NE 7 Elmquist Apartments 1148 4921 3rd St. NE 7 Elmquist Apartments 1157 5320 4th St. NE 4 Richard Perkovich 1167 5420-26 4th St. NE 4 Paul Wiley 1169 5810-12 4th St. NE 1 Kenneth Jordan 1171 5840-42 4th St. NE 1 Millennium Mgmt. LLC 1173 5860-62 4th St. NE 2 John L. Majewski 1175 5916-18 4th St. NE 2 Nelson Investments 1184 251 57th PI. NE 7 Tony Eftertield 1245 5600-02 6th St. NE 1 Keith Alan Edstrom 1250 5606-08 6th St. NE 2 James Pearson 1259 1590-94 73 '/Ave. NE 1 Nathan Uher 1266 371 74th Ave. NE 4 Rudy Bayer 1295 7301-03 Able St. NE 2 Chris Rugg 1302 538 Glencoe St. NE 1 Dianne Olson &Graig Gardiner 1306 7463-65 Able St. NE 2 Mark Jedlenski 1353 7833-37 Firwood Way NE 2 Mark Jedlenski 1366 6393 Hwy 65 NE 7 Elmquist Apartments 1367 6417 Hwy 65 NE 8 Elmquist Apartments 1431 6361 Pierce St. NE 2 Nelson Investments 1436 5650-60 Polk St. NE 32 MMZ Properties, LLC 1448 7323-25 University Ave. NE 2 Steven Petschel 1450 7361-63 University Ave. NE 2 Millennium Mgmt. LLC 1451 7373-75 University Ave. NE 2 Millennium Mgmt. LLC 1477 1200 Norton Ave. NE 3 George Burkstrand 1483 5932 6th St. NE 1 Open Door Investments 1582 1249 Hillwind Rd. NE 1 Jack& Elizabeth Sjobeck 1604 1130 Norton Ave. NE 1 Sinan Music 1671 105 Hartman Circle 1 Tom & Lisa Giancola-Kimlinger 1677 505 66th Ave. NE 1 Joyce Larson 1679 1601 N Innsbruck Dr. (219) 1 Duane A. Buhl 1694 1601 N Innsbruck Dr. (322) 1 Brian Tjosvold 1695 137 Pilot Ave. NE 1 Jewel Dufour 1833 7376 Memory Ln. NE 1 Aden Aw-Hassan 1884 7509 East River Rd. 1 Lara&Tim Norkus-Crampton 1890 144 Longfellow St. NE 1 James L Wodziak 1892 901 W Moore Lk Dr. NE 1 Gregg Hebeisen 1895 6130 6th St. NE 1 Ronald Brown 1896 179 Christenson Ct. NE 1 Woong & Eugene Song 1923 1601 N Innsbruck Dr. (381) 1 Cynthia Maroulas 1938 1333-35 73rd Ave. NE 2 Gregg & Lois Johnson 1948 5956 5th St. NE 1 Twin City Property Solutions 1950 5601 5th St. NE 1 Ronald Brown 1956 6988 Hickory Dr. NE 1 Joseph Hoffman 2062 1601 N Innsbruck Dr. (306) 1 Sue Ellen Miller 2118 7571 Central Ave. NE 1 Kimberly Ben-Haim 2120 1601 N Innsbruck Dr. (178) 1 Brandon & Sarah Vogt 107 2135 5559 Waldeck Crossing 1 Dr Arlen Baumhoefner 2219 1601 N Innsbruck Dr. (212) 1 Xiaoyun Fu 2220 5738 4th St. NE 1 Chelsy Cornilsen 2280 177 Christenson Ct. NE 1 Mohammed Mohinuddin 2286 1601 N Innsbruck Dr. (136) 1 Ardith & Roger Grosse Total Certificates: 55 108 � AGENDA ITEM � `"'°f CITY COUNCIL MEETING OF DECEMBER 8, 2014 Fridley ESTIMATES Sunram Construction, Inc. 20010—75�'Avenue North Corcoran, MN 55340 Main Street Bike/Walk Project No. ST2011-22 EstimateNo. 5 ....................................................................................... $ 15,390.00 Blackstone Contractors, LLC 7775 Corcoran Trail East Corcoran, MN 55340 Oak Glen Creek Erosion Control Project No. 380 EstimateNo. 7 ....................................................................................... $ 4,632.52 109 = AGENDA iTEM ��f CITY COUNCIL MEETING OF Fridiry December 8t", 2014 To: Walter T.Wysopal,City Manager Mayor and City Council From: Darin R. Nelson,Finance Director Date: December 5,2014 Re: 2015 Budget Public Meeting and Presentation Attached are both the 2015 budget transmittal letter and the 2015 budget. Also included within the 2015 budget document is the revised 2014 budget. The 2015 preliminary budget has been posted on the City's website since the middle of November. No action is required at tonight's meeting and the public is welcome to comment on the budget. 110 � Fridley City Hall - 6431 University Ave N.E. Fridley, MN 55432 (763) 571-3450 • FAX (763) 571-1287 • �� E3h�01. ' Fridley www.FridlepMN.gov December 5,2014 Honorable Mayor and Members of the City Council City of Fridley,Minnesota Mayor and City Council: Pursuant to the City's Home Rule Charter, submitted herewith are the Revised 2014 and 2015 Budgets. This combined document contains informarion to provide the citizens of Fridley,their elected officials, City staff and other interested parties with a description of the proposed municipal services and investments for the coming year as well as the cost and means of paying for these proposals. In addition to serving as a recommended work plan,the budget document incorporates departmental perfortnance indicators and departmental goals and objectives. The budget is expected to assign objective measures in these categories which assist residents in determining whether the City is achieving its overall mission while providing a reasonable return on their tax investment. Overview As Fridley becomes a fully developed community with a stable population,the ability to maintain, improve, or expand the types of services provided to our residents continues to evolve and present new challenges.This budget reflects the changes necessitated by the City's maturity, current and future fiscal restraints, and it attempts to respond to market pressure and citizen- driven requests through certain innovative but fiscally sound public service policies. One such example is an initiative to increase the beautification of the City's parks and certain causeways in an effort to build additional community pride far our City and its amenities. Additional seasonal park maintenance employees were hired to assist in reaching this objective. This effort did add additional operating expenditures in the form of labor and equipment operating costs,but were manageable within the scope of the entire departmental budget. The City continues to monitor operational expendi.tures to aclueve cost savings without negatively impacting service levels. As an example, an extensive analysis was completed this past summer to ensure our three utilities(water,sewer, and storm water)are financially independent and fully supporting each specific operation. The study involved analyzing the ' activities of certain groups of employees on a daily basis and comparing those duties to where ' their actual labor costs are being charged. The conclusion was that the Storm Water Fund was 111 �I relying heavily on public works and engineering staff from both the General Fund and Sewer Utility Fund. Starting with the 2015 budget,labor distribution will reflect actual labor costs within all funds. This change ensures all our enterprise funds(utilities}are self-sufficient and are not being supported by outside resources,most notably the City's General Fund. The General Fund has Charter imposed constraints that other funds do not. Most notably, any levy increase is limited to the CPI of the prior year or five percent whichever is least. Given this constraint, it's imperative that the General Fund not be supporting other funds to ensure the greatest flexibility in continuing service delivery and maximizing efficiencies. This reallocation of labor has allowed the General Fund to rehire a police officer that had been frozen a few years ago due to budget constraints. In the area of capital equipment,the City has taken a strategic approach to the planning and acquisition of equipment. Funding sources are designed not to impact the operation levy. Issuing debt in the form of capital equipment certificates has been eliminated from the current Capital Improvements Program(CTP)and should not need to be utilized in the future: We also continue to re-evaluate numerous purchases where extending the useful life of some capital equipment could be achieved through renovation or reuse. In accordance with the City Charter and State Statute, a preliminary budget, along with the proposed 2014 tax levy collecrible in 2015 was adopted by the City Council on August 24,2014. With some changes from the preliminary estimates,this budget includes properiy tax supported funds(General,Debt Service, and Capital Projects) as well as all other operating or capital funds presented as a Special Revenue and Enterprise Funds. As mentioned above,this budget is more than a financial document. It reflects the City's plans, policies,practices, and goals regarding service objectives and sound resource management.The budget document is a critical tool used in the City's realization of its vision.As the City's operations and finances become increasingly sophisticated,measuring performance simply by budgetary cost containment is inadequate for deternzining success. In 2015,we will continue to improve on our capability to measure outcomes and create budget linkages so the public can better understand the performance of their tax dollar. Fiscal Climate The City's overall financial condition minors that of the State's.Fortunately for us the State has experienced improvements in both its fiscal and economic climate.The State's support and distribution of Local Government Aid(LGA)continues to be on the City's radar. The City has received significant increases in LGA the last two years. However,as has happened in the past, this promise of support can be pulled away at the eleventh hour leaving cities in a precarious position to cover last minute budget deficits. Fridley's philosophy is to dedicate all LGA to capital projects or other one-time related costs and to not rely on LGA for operational or recurring costs. Overall property values in the City increased for the first time in a couple years, indicating our housing stock is beginning to recover. Distressed sales have declined significantly which is 112 another positive indicator of an improved housing sector. Commercial redevelopment continues to be an economic driver with a couple of high profile projects currently in the construction phase. We should not take this as evidence that we are out of the woods and on our way back to the prosperous levels experienced prior to 2009. We must continue to be diligent about the effectiveness of our spending and more self-reliant on revenues. We should not wither in the face of this challenge but invest wisely in strategic planning and be courageous in its defense. These management practices and the stabilization of the City's market values have paid off in the form of our bond rating. In November,Moody's Investors Service reaffirmed the City's Aal credit rating and removed the negative outlook. The negative outlook was a result of declining market values back in 2012 and 2013. The Aa 1 credit rating is the second highest credit rating issued by Moody's and realistically the highest rating that the City of Fridley can attain. The highest rating of Aaa is reserved for cities that are geographically much larger in size and have a substantially larger taac base. The Future The aspirational future of the City of Fridley remains high and the prospects for its achievement are great. This combined with a recovery of the private market contributes to a winning attitude. And, so much of this winning attitude is the result of past practices and policies demanded and achieved bX previous Councils and administrations. Make no mistake about it,we have benefited greatly from their acrions. We have learned our lesson about not depending too greatly on other levels of government for fmancial support, such noted with LGA funding. We intend to be able to purchase the necessary vehicles and equipment without debt financing. Our utility systems will derive the necessary funds to be self-sufficient in order to receive the necessary and required improvements. Additionally,there is a spirit of commitrnent on the part of the employees to serve in the best interests of the public by constantly seeking ways to improve public services while keeping costs under control. The City will need to be prepared for changes emanating from other levels of government in the form of mandates. One such mandate addressed in both the 2014 and 2015 budget and will continue to be of cost concern into the future is the Affordable Health Care and Portability Act. The redistributive fmancial effect of this law is unfolding daily. Consequently,the cost of insurance directly attributable to this law is$29,000 in 2015. As early as 2017,the City may face penalties due to our modest plans being determined to be rich in benefit. Estimates that without management action to change plan offerings the City could pay up to$80,000 in penalties. Another potential change of note is the shift in fiscal disparities, a metro-wide program aimed at equalizing the tax base across the seven county metro area. Fridley has been always been a net contributor to this program due to our heavy commercial and industrial base. This last year the City experienced a shift causing us to become more equalized,meaning that our tax base contributed roughly the same amount of taac to the program as we received in return. This shift had a favorable impact to our taacpayers. Understanding and predicting the impacts of this program will involve further study and analysis. Take this to mean nothing less than the environment is constantly evolving and difficult to predict its financial impact. 113 Budget Summary CONSOUDATED BUDGETS SUMMARY -ALL FUNDS 20'14 2016 � — Revised 6uef�et Get►eral Prop�ty Tatces � 10,643,�0 S 10,862.6t10 User Feea 8 Ch�ges 17,539.800 18.200,300 lkaetqes and P�enr�la 974,�00 �,100 Inte►porerrxnenia�Rev�enue 3,670,200 4,104,700 Other lncome 1.348�400 4,354�100 Ott�er Sotu�oes-8ond Proce�ds _ _ . . .__ .4 215.�._ .. _ ,_ _ _... _ _- TotN fiaw�aae i 3�,?l1.100 t 3l�tf7,000 � �!I�= p��{y s 7,191�900 i 8.090,800 p�yy�q� 18.401,000 16.503,800 p��q�p� 1,654,800 4,913.500 Cptr��ni�t pa�slopmsnt f,583,800 1,551,900 t3er1eral Go�n'MnieM 8.680.800 9.341.800 Totd F�er�aM�s by PrvP+rn s �7,i02.l0�0 i ID.IO�.r00 �C�r Perso�el S 14,538,900 i 1�,748,500 g��e6 1,284,700 1,250,900 gay��,�C�� 11,481,000 12.3A6.700 C�pit,gl pu�r 8,$21,500 10,366.�00 qhdr Flt1�rlcirq U�slDebs SeeviCe 1,378.200 1.839,100 ro�.+�.�s bi►c.�.r s n.ao�soo s �� Proposed Tax Levy � Staffprepared the budget based upon an$11,734,607 tax levy which will sufficiently fund general operations,debt obligations, and capital equipment. The levy represents a$223,319 or 1.94%increase from 2014 tax levy. The chart below provides the t�impact for three different home valuation scenarios. The t�es represented in this chart are only the City's share of a property's total tax liability. Due to � changing market conditions with both residential and commercial properties, tax impacts can change dramatically from year to year even with very modest levy increases. In 2014,residential market values saw market values increase dramatically after several years of decline. Conversely, commercial market values increased at a more moderate rate causing a shift in the tax burden from commercial to residential properties for taxes payable in 2015. The opposite scenario happened in 2013 for taxes payable in 2014. Residential properties saw a fairly substantial decrease in taxes due to residential properties declining in value and commercial property remaining relatively flat. 114 City of Fridley Home Value & Property Tax Comparison $300,000 - $1,600 $1,400 $250,000 $ 00 $1,200 2 -'00 A $200,000 � $1,000� io $ �� $sso,000 z2 _ :'--$i SBOO � Y 150,00 $ 1 � ---Y- $600 X $100,000 - � � 1 0 $6 $400 $50,000 °�3 $200 $ Home Home Home $ Scenario 1 Scenario 2 Scenario 3 ■2013 Residential Value 5111,960 $167,272 $241,300 ■2014 Residential Value $100,000 $150,000 $216,900 ■2015 Residential Values $108,400 $174,500 $256,400 ■2013 City Property Taxes $420 $714 $1,205 ■2014 City Property Taxes $366 $639 $1,121 �� 2015 City Property Taxes $369 $693 $1,214 Conclusion As the staffs' role in the 2015 Budget preparation phase comes to a close I would like to recognize and thank the efforts of Finance Director, Darin Nelson. His leadership and commitment made this budget a reality. Also to the Department Managers I extend my appreciation for stepping up into a new role of budget involvement. The final and most important decisions now rest with the Mayor and City Council. Staff stands ready to assist the City Council in any way necessary and looks forward not only to final budget approval but to implementing this work plan. Sincerely, Walter T.Wysopal City Manager 115 �� f � � �i�, Q� } � � ;€-�,.4x - �� Frldle Y u e Fridley, Minnesota December 8, 2014 City Council: Staff: Scott Lund, Mayor Wally Wysopal, City Manager Robert Bamette, Councilmember at Large Don Abbott, Public Safety Director James Saeflce, Councilmember Ward 1 John Berg, Fire Chief Dolores Varichak, Councilmember Ward 2 Deborah Dahl, Human Resources Director Ann Bolkcom, Councilmember Ward 3 Scott Hickok, Community Development Director Jack Kirk, Parks&Recreation Director Jim Kosluchar, Public Works Director Darin Nelson, Finance Director/Treasurer 116 CITY OF FRIDLEY 2015 ANNUAL BUDGET SUMMARY TABLE OF CONTENTS Summary Elected&.Appointed Officials..................................................................................................... 4 Consolidated Budgets Summary-All Funds............................................................................... 5 2015 Consolidated Budgets-All Funds...................................................................................... 6 General Fund Revenues 8 Expenditures..................................................................................... 7 GeneralFund Revenue Recap..................................................................................................... 8 GeneralFund Expenditure Recap................................................................................................ 9 2015 General Fund Operating Revenues 8 Expenditures............................................................... 11 TaxLevies...... .. .... . ..... . ......... . ... ...... .. ........ .. .. .... . .. .. .. ... ... ... ... ...... .. 12 General Fund General Government: CityCouncil........................................................................................................................, 13 CityManagement.................................................................................................................. 14 HumanResources............................................................................................................... 15 CityClerk/Records............................................................................................................... 16 Elections.......................................................................................................................... 17 Legal................................................................................................................................ 18 Accounting.......................................................................................................................... 19 Assessing. ................................................................................ . ..................................... 20 , .... Management Information Systems(MIS)................................................................................ 21 Public Safety: Police................................................................................................................................., 22 EmergencyManagement........................................................................................................ 23 Fire...................................................................................................................................... 24 Public Works: MunicipalCenter...................................................................................................................� 25 Engineering ........................................................................................................................ 26 Lighting. ..................................................................................................................................... 27 Park Maintenance ..................................................... ....................................................... 28 ... StreetMaintenance.............................................................................................................. 29 Garage................................................................................................................................ 30 Parks 8�Recreation Recreation.......................................................................................................................... 31 Community Development: Buildinglnspections............................................................................................................. 32 Planning............................................................................................................................. 33 RentalInspections............................................................................................................... 34 General Government: Emergency.......................................................................................................................... 35 Non-Departmental................................................................................................................ 36 117 CITY OF FRIDLEY 2015 ANNUAL BUDGET SUMMARY TABLE OF CONTENTS Special Revenue Funds CableN.............................................................................................................................., 37 GrantManagement................................................................................................................ 38 SolidWaste Abatement.......................................................................................................... 39 SpringbrookNature Center..................................................................................................... 40 Capital Projects Funds CapitalEquipment................................................................:................................................ 41 InformationSystems.............................................................................................................. 43 StreetImprovement............................................................................................................... 44 ParksImprovement................................................................................................................. 45 BuildingsImprovement........................................................................................................... 46 Enterprise Funds Wate r................................................................................................................................... 47 SanitarySewer...................................................................................................................... 48 StormWater........................................................................................................................., 49 MunicipalLiquor................................................................................................................... 50 Appendix StaffingLevels-2014 8 2015...................................................................................................... 51 BudgetCalendar....................................................................................................................... 52 118 CITY OF FRIDLEY 2015 ANNUAL BUDGET SUMMARY Elected and Appointed Officials ELECTED OFFICIALS Term of Office Expires December Effective January 2014 Mayor Scott J.Lund 2016 Councilmember At Large Robert L. Bamette 2016 Councilmember,Ward I James T. Saefke 2014 Councilmember,Ward II Dolores M.Varichak 2014 Councilmember,Ward III Ann R. Bolkcom 2014 Effective January 2015 Mayor Scott J.Lund 2016 Councilmember At Large Robert L. Bamette 2016 Councilmember,Ward I James T. Saeflce 2018 Councilmember,Ward II Dolores M.Varichak 2018 Councilmember,Ward III Ann R. Bolkcom 2018 APPOINTED OFFICIALS City Manager Walter T. Wysopal City Attomey Darcy M. Erickson Prosecuting Attomey Carl J. Newquist City Clerk Debra A. Skogen Department Heads: Finance DirectorlTreasurer Darin R. Nelson Director of Public Safety and Emergency Management Donovan W.Abbott Fire Chief John D. Berg Director of Public Works James P. Kosluchar Director of Parks and Recreation Jack G. Kirk Director of Community Development Scott J. Hickok Director of Human Resources Deborah K. Dahl 4 119 CITY OF FRIDLEY 2015 ANNUAL BUDGET SUMMARY CONSOLIDATED BUDGETS SUMMARY-ALL FUNDS 2014 2015 Revised Budget Revenues General Property Taxes $ 10,643,300 $ 10,862,500 User Fees&Charges 17,539,800 18,200,300 Licenses and Permits 974,700 895,400 Intergovemmental Revenue 3,670,200 4,104,700 Other Income 1,348,400 4,354,100 Other Sources-Bond Proceeds 4,215,000 - Tota/Revenue $ 38,391,400 $ 38,417,000 Exoenditures By Program: Public Safety $ 7,191,900 $ 8,090,800 Public Works 18,401,000 16,503,600 Parks&Recreation 1,654,800 4,915,500 Community Development 1,593,800 1,551,900 General Govemment 8,660,800 9,341,800 Tota/Expenditures by Program $ 37,502,300 $ 40,403,600 By Category: Personnel $ 14,538,900 $ 14,748,500 Supplies 1,284,700 1,250,900 Services�Charges 11,481,000 12,399,700 Capital OuUay 8,821,500 10,365,400 Other Financing Uses/Debt Service 1,376,200 1,639,100 Tota/Expenditures by Category $ 37,502,300 $ 40,403,600 5 120 CITY OF FRIDLEY 2015 ANNUAL BUDGET SUMMARY 2015 CONSOLIDATED BUDGETS - ALL FUNDS Revenues Other Income 11% General Property Taxes I ntergov'ta I 2g/ 11% ��, x �^ ��'��. Licenses and_ " t� ' ,y t �"�..A��It � i�yL� . I 3�a "t ��': Permits ,� ,�„��, 2% User Fees& Charges 48% Expenditures by Program General Public Safety Government Zp�� 23% Community Development ry � ;u �.;�;,� 4% '� � � 0� �' �a ��E�>'r;"�� Parks&� °`�� '� ` ;:��" � .�`'"�p� z��<•-�� 54 s'� r � Recreation k�;;"� �•� ��f $ •=e: ��'" 12% ��Public Works 41% Expenditures by Category Other Financing Uses/Debt Service 4% Capital Outlay 26% Personnel - 36% s �2 i iL ' ..' i':_� � �?'a % �� .. °�^tX^ ,{ . x-:`�:�5.�. Services& Charges � #�Supplies 31% 3% 6 121 CITY OF FRIDLEY 2015 ANNUAL BUDGET SUMMARY GENERAL FUND REVENUES�EXPENDITURES 2012 2013 2014 2014 2015 Actual Actual Budget Revised Budget REVENUES General Property Taxes $ 9,641,494 $ 9,787,289 $ 10,128,992 $ 10,129,000 $ 10,466,600 Licenses&Permits 851,976 858,310 875,200 974,700 895,400 Intergovemmental 874,778 909,807 826,700 1,040,100 883,000 ChargesforServices 1,972,076 2,079,417 2,146,710 2,162,700 1,902,000 Fines&Forfeitures 170,427 180,815 163,000 190,000 195,000 Special Assessments 39,851 30,765 44,100 36,400 27,200 Miscellaneous 352,635 229,132 220,000 213,600 240,100 Transfers 600,000 641,000 673,306 673,300 569,600 Tota/Revenues $ 14,503,237 $ 14,716,535 $ 15,078,008 $ 15,419,800 $ 15,178,900 EXPENDITURES Legislative $ 120,873 $ 124,197 $ 129,739 $ 129,900 $ 134,000 General Management 285,200 257,375 341,810 341,700 382,700 Human Resources 198,681 204,684 236,016 206,400 244,700 City Clerk/Records - - 113,059 113,100 104,900 Elections - - 52,325 58,700 6,700 Legal 402,952 402,384 426,385 426,400 432,400 CityManagement $ 886,833 $ 864,443 $ 1,169,595 $ 1,146,300 $ 1,171,400 Elections 42,284 5,665 - - - Accounting 673,112 697,032 662,554 670,600 691,800 Assessing 197,536 207,376 254,057 268,200 269,800 MIS 268,130 257,526 274,092 270,100 308,500 City Clerk/Records 158,438 148,678 - - _ Finance $ 1,339,500 $ 1,316,277 $ 1,190,703 $ 1,208,900 $ 1,270,100 Police 5,072,240 5,350,589 5,476,449 5,494,100 5,758,800 Emergency Management 17,544 20,044 80,100 19,600 17,000 Police $ 5,089,784 $ 5,370,633 $ 5,556,549 $ 5,513,700 $ 5,775,800 Fire 1,170,304 1,171,391 1,254,615 1,255,200 1,325,100 Rentallnspections 138,379 124,214 - - _ Fire $ 1,308,683 $ 1,295,605 $ 1,254,615 $ 1,255,200 $ 1,325,100 Municipal Center 231,343 228,573 224,761 224,900 318,200 Engineering 530,775 562,977 664,601 664,500 288,800 Lighting 228,115 248,743 224,500 224,500 265,800 Park Maintenance 866,130 873,404 934,125 934,100 911,000 Street Maintenance 984,959 1,154,152 1,022,111 1,022,000 1,041,800 Garage 411,291 436,009 447,184 446,900 445,100 Public Works $ 3,252,613 $ 3,503,858 $ 3,517,282 $ 3,516,900 $ 3,270,700 Parks&Recreation $ 810,571 $ 847,746 $ 897,035 $ 907,000 $ 898,100 Inspections 325,533 337,398 343,291 374,900 452,900 Planning 446,537 480,513 487,941 488,100 516,000 Rentallnspections - - 175,094 175,400 167,300 CommunityDevelopment $ 772,070 $ 817,911 $ 1,006,326 $ 1,038,400 $ 1,136,200 Reserve - - 120,000 120,000 120,000 Non-Departmental 26,535 157,773 202,600 02,600 77,500 Tota/Expenditures $ 13,607,462 $ 14,298,443 $ 15,044,444 $ 15,038,900 $ 15,178,900 Surplus o#Revenues over Expenditures 895,775 418,092 33,564 380,900 - Beginning Fund Ba/ance 6,773,554 7,669,322 8,087,414 8,087,414 8,468,314 Ending Fund Ba/ance $ 7,669,322 $ 8,087,414 $ 8,120,978 $ 8,468,314 $ 8,468,314 7 122 CITY OF FRIDLEY 2015 ANNUAL BUDGET SUMMARY GENERAL FUND REVENUES 2012 2013 2014 2014 2015 Actual Actual Budget Revised Bud et Taxes General Property Taxes $ 9,608,310 $ 9,759,701 $ 10,103,992 $ 10,104,000 $ 10,441,600 Penalty on Delinquent Taxes 33,184 27,588 25,000 25,000 25,000 Subtotal, Taxes $ 9,641,494 $ 9,787,289 $ 10,128,992 $ 10,129,000 $ 10,466,600 Licenses& Permits Licenses $ 281,724 $ 275,017 $ 273,400 $ 308,400 $ 290,800 Permits 570,252 583,293 601,800 666,300 604,600 Subtotal,Licenses&Permits $ 851,976 $ 858,310 $ 875,200 $ 974,700 $ 895,400 Intergovernmental Federal Grants&Aids $ 111,940 $ 57,373 $ 32,300 $ 76,800 $ 58,000 State Grants&Aids 762,838 852,434 794,400 963,300 825,000 Subtotal, Intergovernmental $ 874,778 $ 909,807 $ 826,700 $ 1,040,100 $ 883,000 Charges For Services Reimbursements $ 28,556 $ 25,059 $ 13,500 $ 16,500 $ 15,000 NRA 201,700 205,700 209,800 209,800 214,000 Cable TV 64,300 65,600 67,000 67,000 83,300 Water Fund(Admin 8�Ops) 269,700 275,100 280,600 280,600 258,100 Sewer Fund(Admin&Ops) 261,000 266,200 271,500 271,500 248,800 Storm Fund 240,400 245,200 250,100 250,100 28,100 Liquor Fund 85,200 86,900 86,900 86,900 - Antenna Rental Fee 286,096 290,889 386,000 386,000 386,000 Other 2,887 2,898 2,500 2,500 2,400 Public Safety 286,171 356,687 314,210 347,000 415,700 Public Works 7,886 15,559 32,900 29,300 31,300 Community Development 7,833 18,684 12,200 12,200 12,800 Recreation 230,347 224,941 219,500 203,300 206,500 Subtotal, Charges for Services $ 1,972,076 $ 2,079,417 $ 2,146,710 $ 2,162,700 $ 1,902,000 Fines&ForFeitures $ 170,427 $ 180,815 $ 163,000 $ 190,000 $ 195,000 Special Assessments $ 39,851 $ 30,765 $ 44,100 $ 36,400 $ 27,200 Miscellaneous $ 352,635 $ 229,132 $ 220,000 $ 213,600 $ 240,100 Other Financing Sources Liquor Fund $ 350,000 $ 250,000 $ 250,000 $ 250,000 $ 88,600 Closed Debt Service Fund 250,000 350,000 350,000 350,000 350,000 CIP-Streets - 41,000 41,000 41,000 131,000 Close Out FCC Donations - - - 32,300 - Close Out Section 8 - 1 32,306 - - Subtotal, Ofher Financing Sources $ 600,000 $ 641,000 $ 673,306 $ 673,300 $ 569,600 TOTAL REVENUES $ 14,503,237 $ 14,716,535 $ 15,078,008 $ 15,419,800 $ 15,178,900 8 123 CITY OF FRIDLEY 2015 ANNUAL BUDGET SUMMARY GENERAL FUND EXPENDITURES 2012 2013 2014 2014 2015 _ Actual Actual Budget Revised Budget PERSONNEL SERVICES Full Time Employee-Regular $ 6,015,550 $ 6,187,029 $ 7,599,851 $ 7,570,600 $ 7,748,800 Full Time Employee-Overtime 304,327 360,680 300,059 343,800 294,000 Temporary Employee-Regular 885,562 843,583 914,990 906,800 884,900 Temporary Employee-Overtime 3,375 2,888 3,000 1,300 2,000 Employee Leave 1,043,991 1,099,198 - - - Medicare Contribution 116,674 122,676 127,149 127,400 125,900 PERA Contribution 805,443 825,965 914,343 916,800 950,700 Social Security Contribution 288,392 307,057 308,825 309,400 294,600 Fire Pension Contribution 105,103 143,739 140,700 137,000 - Deferred Comp-457 Contribution 12,875 2,121 5,209 5,200 4,100 Health Insurance 646,676 727,114 758,034 750,300 810,900 Dental I nsurance 15,353 15,035 16,136 16,000 16,700 Life Insurance 13,840 12,310 6,337 6,500 6,100 Cash Benefit 253,640 276,378 263,176 263,200 291,000 Unemployment Compensation 10,966 17,790 - - - Worker's Compensation 176,798 163,396 185,615 185,500 159,900 Work Order Transfer-Labor (10,219) (8,137) - - - TOTAL PERSONNEL SERVICES $ 10,688,346 $ 11,098,822 $ 11,543,424 $ 11,539,800 $ 11,589,600 SUPPLIES Fuels&Lubes $ 255,921 $ 274,316 $ 259,921 $ 284,300 $ 288,400 Clothing/LaundryAllowance 64,739 71,207 77,245 89,200 88,500 O�ce Supplies 21,819 23,782 27,528 25,400 25,100 Operating Supplies 115,981 136,700 123,584 157,200 102,900 Supplies for Repair&Maintenance 191,629 240,718 230,000 217,500 233,000 Small Tools&Minor Equipment 38,233 64,043 42,200 46,400 42,600 Work Order Transfer-Parts 97,083 � 150,961 105,275 110,400 108,300 TOTAL SUPPLIES $ 785,405 $ 961,727 $ 865,753 $ 930,400 $ 888,800 OTHER SERVICES 8►CHARGES Professional Services $ 575,629 $ 538,739 $ 593,230 $ 624,700 $ 636,200 Dues&Subscription 44,548 50,277 51,435 53,600 54,600 Communication 123,618 144,435 164,373 166,200 193,500 Transportation 15,152 19,287 18,935 18,200 20,800 Advertising 13,550 14,661 13,950 12,000 12,400 Printing 8�Binding 49,514 52,019 56,200 56,400 51,300 Insurance, Non-personnel 118,030 90,649 92,462 58,600 58,300 Conferences&Schools 38,179 58,827 143,363 103,000 115,100 Utility Services 325,712 366,660 345,060 342,900 374,200 IS Fund Charge 71,390 - - - - Services Contracted,Non-Prof. 632,977 632,396 687,353 724,900 798,500 Rentals 15,455 12,972 14,180 13,500 14,700 Miscellaneous 2,606 3,363 123,400 123,200 123,200 Bad Check Expense - - - - - Payments to Other Agencies 83,188 89,931 96,326 96,500 247,700 TOTAL OTHER SERVICES& CHARGES $ 2,109,548 $ 2,074,216 $ 2,400,267 $ 2,393,700 $ 2,700,500 9 124 CITY OF FRIDLEY 2015 ANNUAL BUDGET SUMMARY GENERAL FUND EXPENDITURES 2012 2013 2014 2014 2015 Actual Actual Budget Revised Budget CAPITAL OUTLAY Machinery $ 11,333 $ 18,626 $ 60,000 $ - $ - Fumiture�Fixtures - - - _ _ TOTAL CAPITAL OUTLAY $ 11,333 $ 18,626 $ 60,000 $ - $ - OTHER FINANCING USES Operating Transfers $ - $ 145,052 $ 175,000 $ 175,000 $ - TOTAL GENERAL FUND $ 13,594,632 $ 14,298,443 $ 15,044,444 $ 15,038,900 $ 15,178,900 10 125 CITY OF FRIDLEY 2015 ANNUAL BUDGET SUMMARY 2015 GENERAL FUND OPERATING REVENUES & EXPENDITURES Revenues Licenses& Permits 6% Intergov'tal 6% Charges For Services 12% Other 3% Taxes 69% Transfers 4% Expenditures by Program Fire 9% Police 37% Public Works 24% Finance Parks&Rec 8% p . 6% �� City Comm Mgm't Other Dev 7% 2% 7% Expenditures by Category Supplies 6% Other Services& Charges 18% Personal Services 76% ' 11 126 CITY OF FRIDLEY 2015 ANNUAL BUDGET SUMMARY TAX LEVIES Percent 2013 2014 2015 Change General Fund $ 9,972,346 $ 10,053,992 $ 10,391,563 3.36% Capital Equipment Fund - 175,000 - -100.00% I.S. Capital Projects Fund - - 50,000 100.00% Springbrook Nature Center Fund 331,700 339,300 345,882 1.94% Debt Service 948,435 942,996 947,162 0.44% Total Tax Lery $ 11,252,481 $ 11,511,288 $ 11,734,607 1.94% 10-Year Levy Comparison $14,000,000 $12,000,000 $10,000,000 — � ,�`` — 1�� i�r �� _ $8,000,000 "�_ - $6,000,00� $4,000,000 $2,000,000 f So 8.56% 5.17% 3.55� -0.57% 6.84� 3.85% 1.91% 5.13�0 2.30% 1.94% 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 ■General Fund - Capital Improvement Fund ■Capital Equipment ■Springbrook Nature Center Debt Service I.S.Capital Projects 12 127 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Legislative Division: City Council 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget Personnel $ 92,558 $ 96,391 $ 98,543 $ 98,700 $ 100,200 Supplies 23 191 800 800 800 Other Services&Charges 28,292 27,615 30,396 30,400 33,000 Totals $ 120,873 $ 124,197 $ 129,739 $ 129,900 $ 134,000 Method of Financing General Fund $ 120,873 $ 124,197 $ 129,739 $ 129,900 $ 134,000 Number of Elected Officials 5.0 5.0 5.0 5.0 5.0 Descri�tion of Services: The City Council sets policy for the City within guidelines of the City Charter and provides administrative directives through the office of the City Manager.The Council has two regular meetings scheduled each month for purposes of setting policy and other official business of the City. Four commissions submit advice to the City Council.They are as follows: Planning,Appeals, Parks 8�Recreation and Environmental Quality&Energy.The Charter is a semi-autonomous body in charge of reviewing and setting the govemance rules of the City whose members are appointed by the Chief District Judge. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures: Council/Conference meetings 28 29 30 30 Council/Comm survey meetings 3 3 2 2 Local Board of Appeal and Equalization meetings 2 2 2 2 Joint meeting with Fridley School Board 0 0 0 1 Council Business Survey metting 0 0 0 1 Budaet Comments/lssues: • Includes re-establishing funding for Mediation Services for$3,�00 as civil disputes are often encouraged to be taken here. 13 128 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: City Management Division: General Management 2012 2013 2014 2014 2015 Expenditures by Category Actual Actuai Budget Revised Budget Personnel $ 223,782 $ 175,400 $ 239,333 $ 239,300 $ 279,100 Supplies 2,729 2,862 3,250 3,100 3,100 Other Services&Charges 58,689 79,113 99,227 99,300 100,500 Tota/s $ 285,200 $ 257,375 $ 341,810 $ 341,700 $ 382,700 Method of Financing General Fund $ 285,200 $ 257,375 $ 341,810 $ 341,700 $ 382,700 Number of Employees(FTEs) 3.0 3.0 3.0 2.0 2.0 Descriqtion of Services: The City Manager provides general administrative supervision of all Ciry Departments.This role includes review and approval of budgets, the hiring&firing of employees and the development of policy recommendations for the City Council.The City Manager's o�ce also prepares Council agendas and has responsibility for communication with staff,the City Council,the general public and other govemmental agencies. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures• Agendas for City Council meetings 25 23 24 24 City newsletters 6 6 6 6 City Council/Commission Survey 1 1 0 0 Citizen Survey N/A N/A 1 0 Business survey 0 0 0 1 SWOT planning with Council&staff N/A 1 1 1 Business retention visits N/A N/A 24 24 14 129 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: City Management Division: Human Resources 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Bud et Revised Budget Personnel $ 189,110 $ 196,648 $ 195,075 $ 195,100 $ 203,400 Supplies 2,157 1,231 2,600 2,600 3,000 Other Services&Charges 7,414 6,805 38,341 8,700 38,300 Totals $ 198,681 $ 204,684 $ 236,016 $ 206,400 $ 244,700 Method of Financing General Fund $ 198,681 $ 204,684 $ 236,016 $ 206,400 $ 244,700 Number of Employees(FTEs) 2.0 2.0 2.0 2.0 2.0 Descri�tion of Services: Establishes and maintains the personnel policies for the city.Address all human resource matters including recruitment, employee benefits, personnel guidelines, labor negotiations, and OSHA conformance. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures• Recruitment-City Position Filled Full-time(Authorized) 3 12 10 10 Part-time/Seasonal" 46 48 45 50 Health Insurance-%increase in Premiums 15.4% 6.4% 12.0% 12% Workers Compensation Workers Comp Mod Factor** 0.86 0.80 0.90 0.90 Number of Workers Comp Claims 12 12 15 15 Total Cost of Workers Comp Claims $75,796 $60,000 $70,000 $70,000 '-Excludes 102 Election Judges in 2012 '`"-A mod factor of 1.0 is considered the norm Budaet Comments/lssues: • Proposed pay upgrade for HR Assistant to take on additional responsibilities in benefit admin • Supervisory development training initiated . Regular compensation plan review and adjustments 15 130 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: City Management Division: City Clerk/Records 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget Personnel $ 138,552 $ 110,424 $ 92,443 $ 92,500 $ 94,000 Supplies 1,060 1,363 1,700 1,700 1,500 Other Services&Charges 18,826 36,891 18,916 18,900 9,400 Totals $ 158,438 $ 148,678 $ 113,059 $ 113,100 $ 104,900 Method of Financing General Fund $ 158,438 $ 148,678 $ 113,059 $ 113,100 $ 104,900 Number of Employees(FTEs) 2.0 2.0 1.0 1.0 1.0 Descrintion of Services: Administers&supervises:the city's records management program and document imaging system, MN Data Practices Act, business licensing and telephone/voicemail system. Maintain City Code and City Charter; monitor local and state legislation; provide research and analysis services, draft city ordinances, resolutions, policy and procedures; provide general information to public officials,general public and city personnel on regulations and polices of the city; serve as liaison to the City Charter Commission and Twin Cities Gateway Tourism, Notary, and special projects as assigned. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures• #of Business/Liq Licenses Processed 277 260 260 250 3% Lawful Gambling Tax Received $61,123 $60,000 $60,000 $58,000 Buds�et Commentsllssues: • Create online business license form and workflow for license processing. • Inventory paper records and update database.After inventory purge, scan records to create paperless environment. 16 131 CITY OF FRIDLEY 2015 ANNUAL BUDGET ' GENERALFUND Department: City Management Division: Elections 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget Personnel $ 38,379 $ 242 $ 43,719 $ 50,100 $ - Supplies 1,262 1,092 1,200 1,200 400 Other Services&Charges 2,643 4,331 7,406 7,400 6,300 Tota/s $ 42,284 $ 5,665 $ 52,325 $ 58,700 $ 6,700 Method of Financing Generat Fund $ 42,284 $ 5,665 $ 52,325 $ 58,700 $ 6,700 Number of Employees(FTEs) 0.0 0.0 0.0 0.0 0.0 Descrintion of Services: Administers elections and works to minimize any delays experienced by voters.They serve as an important impartial authority for encouraging voter registration,for recruiting and assigning election judges, assisting in the accuracy of the voting equipment, counry of ballots and certification of elections results and petitions. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures• Registered Voters on Election Day 18,266 N/A 16,500 N/A Percentage of Voter Tumout 79% N/A 65% N/A #of Absentee Ballot Voters 512 N/A 550 N/A Buds�et Commentsllssues: • Monitoring election legislation through the LMC and MCFOA • 2015 is a non-election year • Third year of equipmenUmaintenance service agreement with Anoka County. 17 132 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERAL FUND Department: City Management Division: Legal 2012 2013 2014 2014 2015 Expenditures by Cate9ory Actual Actual Budget Revised Budget Personnel $ _ $ _ $ _ $ _ � _ Supplies _ _ _ _ _ Other Services&Charges $ 402,952 $ 402,384 $ 426,385 $ 426,400 $ 432,400 Capital Outlay - _ _ _ _ Other Financing Uses - _ _ _ _ Tota/s $ 402,952 $ 402,384 $ 426,385 $ 426,400 $ 432,400 M�thod of Financing General Fund $ 402,952 $ 402,384 $ 426,385 $ 426,400 $ 432,400 Number of Employees(FTEs) Descriotion of Services: Provides legal council to the City Council, City Commissions,and City staff on municipal questions and also prosecutes criminal offenses. Two local firms provide legal senrices.The City Attorney attends Council meetings, provides legal opinions, and aids in the development of ordinances and resolutions.The Prosecuting Attomey prosecutes criminal offenses on behalf of the City. 18 �I 133 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Finance Division: Accounting 2012 2013 2014 2074 2015 Expenditures by Category Actual Actual Bud et Revised Budget Personnel $ 608,573 $ 630,498 $ 600,765 $ 600,700 $ 605,700 Supplies 8,425 6,943 7,638 6,400 6,400 Other Services&Charges 56,114 59,591 54,151 63,500 79,700 Totals $ 673,112 $ 697,032 $ 662,554 $ 670,600 $ 691,800 Method of Financing General Fund $ 673,112 $ 697,032 $ 662,554 $ 670,600 $ 691,800 Number of Employees(FTEs) 7.0 6.5 6.5 6.5 6.5 Description of Services: Responsible for the supervision, administration,and planning of the City's financial activities.These activities include:financial reporting, utility billing&collections, revenue collections, investments, debt management, risk management, grant management, budget preparation, and municipal off-sale liquor operations.The Finance Director/Treasurer and other staff members provide financial information to the City Council,the City Manager and all departments.Also provide financial services to the Fridley Housing and Redevelopment in the maintenance of tax increment data records. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures: #of employees paid *453 296 "492 300 #of utility accts changing ownership 358 434 367 400 #of utiliry accts enrolled in autopay 535 554 636 650 City-wide debt balance $14.7mi1 $13.1 mil $11.4mi1 $9.6mi1 #of properties special assessed 921 805 691 725 "election year for payroll Budaet Comments/Issues: • In 2015 there is a shift of finacial software maintenance costs from the IT Capital Projects Fund to individual departments. The Accounting Division's maintenance costs amount to approximately$24,000. • In 2015,the Accounting Division will be going live with a new financial system. Anticipated galive dates are expected to be in late Quarter 2 to early Quarter 3. This new financial system will replace the current system that has been inplace for close to 25 years. 19 134 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Finance Division: Assessing 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Bud et Revised Budget , Personnel $ 184,335 $ 203,162 $ 245,445 $ 245,500 $ 260,400 Supplies 317 227 450 2,000 1,200 Other Services&Charges 12,884 3,987 8,162 20,700 8,200 Tota/s $ 197,536 $ 207,376 $, 254,057 $ 268,200 $ 269,800 Method of Financing General Fund $ 197,536 $ 207,376 $ 254,057 $ 268,200 $ 269,800 Number of Employees(FTEs) 2.0 2.5 2.5 2.5 2.5 Description of Services: Implements the State of Minnesota's property tax statues as they apply to the City of Fridley. Classifies all taxable property and determines the apprised value of all real property within the City. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures• Total Market Value $2.28 billion $2.06 billion 1.95 billion 2.26 billion Sales Ratio(State mandates 90-105%) 94.6 94.3 94.5 95.0 Tax Court Petitions 63 51 39 35 All Property Sales Jan 1 -Dec 31 388 392 395 425 Budaet Comments/Issues: • The City continues to have a number of tax court petitions which become unable to be resolved and require outside independent appraisals,which subsequently impacts the Other Services&Charges budget category. For 2014,we are estimating$12,000 in contracted appraisal costs. 20 135 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Finance Division: Management Information Systems(MIS) 2012 2013 2014 2014 2015 Expenditures by Category Actual Actuat Budget Revised Budget Personnei $ 210,856 $ 222,318 $ 218,152 $ 218,200 $ 224,500 Supplies 3,000 1,273 4,100 7,400 3,500 Other Services 8�Charges 54,274 33,935 51,840 44,500 80,500 Totals $ 268,130 $ 257,526 $ 274,092 $ 270,100 $ 308,500 Method of Financing General Fund $ 268,130 $ 257,526 $ 274,092 $ 270,100 $ 308,500 Number of Employees(FTEs) 2.0 2.0 2.0 2.0 2.0 Descri�tion of Services: Provides information system support, networking support and application development for all ciry departments. Also coordinates the cit�r's use of information technology through long-range planning and policy development and facilitates communication between the ciry and its citizens through development of the city's website. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures: Requests for Service 239 500 880 900 Avg Days to Close Service Request 27 17 10 S °loof Requests Closed W ithin 1 Day 47% 47°10 38% 50% Long-term Projects 4 11 3 3 Users Supported - - 155 160 Devices Supported 215 255 , 325 360 Budaet Comments/Issues: • Rise in Communications(4332)budget due primarily to addition of secondary Internet service through Metrolnet. • Rise in Services Contracted Non-Professionat budget due to actual managed print history (vs. estimated), additional networic device maintenance coverage due to expansion of WAN,and shifting of costs from the City Clerk Division and I.T. Capital Projects Fund for maintenance of various software packages, including Lase�che and VMWare. • Number of projects undertaken in 2014 and 2015 reduced due to size of Financial System and Police 2FA projects. 21 136 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Police Division: Police 2012 2013 2014 201A 2015 Expenditures by Category Actual Actual Budget Revised Budget r Personnel $ 4,578,675 $ 4,817,910 $ 4,936,509 $ 4,949,300 $ 5,217,300 Supplies 238,684 266,964 245,000 272,100 235,500 Other Services&Charges 254,881 255,725 294,940 272,700 306,000 CapitalOutlay - 9,284 ' " - Tota/s $ 5,072,240 $ 5,349,883 $ 5,476,449 $ 5,494,100 $ 5,758,800 Method of Financing General Fund $ 5,072,240 $ 5,349,883 $ 5,476,449 $ 5,494,100 $ 5,758,800 Number of Empfoyees(FTEs) Swom Officers: 38.00 38.00 39.00 40.00 41.00 C+vi{ian Staff: 12.55 12.55 11.60 11.6Q 11.60 Descriation of Services: The mission of the Police Department is to promote a safe and desirable city by partnering with the community to preserve life, protect property and defend rights. The Police Department provides professional police and emergency services to the community. Primary activities include enforcement of laws of the state and city, investigation of crimes and apprehension of violators, enforcement of traffic laws for the safe, expeditious movement of traffic and reduction of traffic accidents, promotion of crime prevention, and response to medical emergencies.The Police Department colfaborates with local school districts to provide officers in schools as a liaison and mentor to youth.The department maintains a close liaison with other law enforcement agencies and provides an officer to the Anoka- Hennepin Narcotics and Violent Crime Task Force.The Police Department uses contemporary strategies to solve neighborhood problems and concems while placing an emphasis on building community partnerships. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures• Calls for Service 20,791 21,217 21,230 21,275 Criminal offenses-Part I 1,313 1,339 1,311 1,320 Crim+nal offenses-Part Il 1,977 1,989 1,917 1,875 Physical Arrests 1,133 1,344 1,200 1,200 Tra�c Violations 2,590 2,826 2,550 2,600 Budaet Comments/Issues: . 2015 Full Time Employee Regular increase reflects reinstatement of one Licensed Police Officer position to enhance patrol coverage. •2014 Revised Full Time Employees-Overtime reflects increase for AN patrol that will be reimbursed from a 2013 Justice Assistance Grant(JAG)award. •2014 Revised Supplies-$11,000 ammunition purchase planned for 2015 out of Operating Supplies was made in Sept 2014 due to market availability. . 2014 Revised reflects increase in Small Tools and Operating Supplies for equipment purchases that will be reimbursed from a 2014 Justice Assistance Grant(JAG)award and from the Drug Task Force. •2014&2015 Professional services-Increase Network Medics 1T contract for work on squad mobile iT systems. • 2015 Communication increase reflects costs to meet Fede�al requirement for two-factor authentication of users on mobile systems that access criminal justice data networks, new Public Safety pata System charges, and additional cellular services. • 2015 Payments to OtherAgencies increase reflects new contribution to Alexandra House domestic abuse program. 22 137 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Police Division: Emergency Management 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget Personnel $ - $ _ $ _ $ _ $ _ Supplies 5,085 2,573 3,178 3,200 3,200 Other Services&Charges 12,459 17,471 16,922 16,400 13,800 CapitalOutlay - - 60,000 - - Tota/s $ 17,544 $ 20,044 $ 80,100 $ 19,600 $ 17,000 Method of Financing General Fund $ 17,544 $ 20,044 $ 80,100 $ 19,600 $ 17,000 Number of Employees(FTEs) 0.0 0.0 0.0 0.0 0.0 Descriation of Services: The Emergency Management Division of the Police Department is responsible for planning and implementing response to local, regional or national emergencies or disasters in accordance with State and Federal guidelines. In addition to creating and maintaining an Emergency Operations Plan, the Division is responsible for training personnel for emergencies, support of a corps of volunteer Reserve Officers available to assist Department operations in emergencies, maintaining an outdoor emergency waming system,and operation of an Emergency Operations Center. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures• Volunteer Reserve Officer Hours 3,053 2,899 2,000 2,000 Budaet Comments/lssues: •2015 Services Contracted decrease reflects reduction in emergency warning siren maintenance and repair costs due to system replacement in 2014. 23 138 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Fire Division: Fire 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget Personnel $ 1,004,487 $ 1,005,149 $ 1,089,179 $ 1,085,400 $ 1,008,800 Supplies 85,620 86,384 78,511 89,900 91,800 Other Services&Charges 80,197 79,858 86,925 79,900 224,500 Totals $ 1,170,304 $ 1,171,391 $ 1,254,615 $ 1,255,200 $ 1,325,100 Method of Financing General Fund $ 1,170,304 $ 1,171,391 $ 1,254,615 $ 1,255,200 $ 1,325,100 Number of Employees(FTEs) 6.0 6.0 6.0 7.6 8.0 Descriotion of Services: The Fire Department provides emergency response service for all hazards including but not limited to fires, medical emergencies, rescues and accidental releases of hazardous materials.The Department also conducts fire code compliance inspections and reviews building plans for code compliance. Its community support programs include:annual fire prevention training for elementary school students,fire education training for groups and businesses, and participation in neighborhood and youth programs.The Department is dispatched by Anoka Counry and participates in an automatic aid system with three area fire departments and a statewide mutual aid system. Fire personnel are on duty 24 hours per day and the staff consists of fuil-time and paid on-call firefighters.The City has three fire stations, and operates a fire training facility under a joint powers agreement with two other fire departments. Fridley Firefighters also provide staff to support the MN State Chemical Assessment Team for the North Metro,the Anoka County Fire Protection Council Specialized Rescue Team and Fire Investigation Team and the MN Type III Incident Management Team. ' 2012 2013 2014 2015 Kev Measures: Actual Actual Estimate Proiected Medical Response 2,052 2,092 2,133 2,200 Fire Response 121 131 141 150 Other Calls 854 850 850 760 Total 3,027 3,073 3,124 3,110 Average Response Time All Calls 6.1 Min 6.1 Min 6.1 Min 6.0 Min Building Fires 7.6 Min 7.7 Min 7.5 Min 7.5 Min Mutual Aid Given 44 36 40 55 Received 43 46 45 45 Estimated Property Loss Due to Fire Residential $655,447 $336,189 $348,000 $447,000 Commercial $19,500 $30,950 $72,000 $41,000 Number of Fire�ghters 31 30 38 36 Prevention #of Public Education Contacts(Events) 55 55 55 55 #of Commercial Prop. Inspections(Contacts) 1,016 1,070 2,500 2,800 #of Permits Issued-Actual 103 73 90 100 Fire Code Permit Fees Collected $23,773 $15,085 $20,000 $25,000 Buds�et Comments/Issues: • The 2014 revised budget relects an increase in Supplies which includes the cost for uniforms and personal protective clothing for seven firefighters hired in 2014. Reimbursement in the amount of$16,800 for protective clothing from the Anoka County Fire Protection Council Fire Academy will be reflected in the 2014 revenue.The increase in supplies also reflects the cost of mounting hardware for the computers in each vehicle for the PSDS project and for work order transfer parts for repairing vehicles. . The 2015 budget increase in Other Services and Charges is primarily the result of moving$140,700 for the Fire Pension Contribution from Personnel where it resided in 2014 to Other Services and Charges in 2015. •The addition of a temporary full-time Captain will increase the FTEs from 6.6 in 2014 to 7.6 in 2014. . The addition of a full-time Fire Marshal will increase the FTEs from 7.6 in 2014 to 8.0 in 2015. 24 139 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Public Works Division: Municipal Center 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Bud et Revised Budget Personnel $ 22,619 $ 22,703 $ 20,493 $ 20,600 $ 103,800 Supplies 15,526 12,320 15,400 15,400 15,800 Other Services&Charges 193,198 193,550 188,868 188,900 198,600 Totals $ 231,343 $ 228,573 $ 224,761 $ 224,900 $ 318,200 Method of Financing General Fund $ 231,343 $ 228,573 $ 224,761 $ 224,900 $ 318,200 Number of Employees(FTEs) 1.2 0.6 1.6 0.6 1.6 Descriation of Services: Maintains the exterior and interior of the Municipal Center Building in a manner which ensures safety for the public and extends the useful life of the facility. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures• Power consumption $48,827 $48,500 $47,500 $61,900 Natural gas consumption $12,207 $12,000 $11,700 $14,000 Emergency service calls N/A 12 10 6 Contracted maintenance $120,771 $112,900 $113,300 $113,300 Buds�et Comments/Issues: • For 2015, personnel expenditures for all public works divisions have been reallocated based on historical time allocations for each division: • For 2015, an additional$9,500 in utility costs is anticipated due to expected rate increases. 25 140 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Public Works Division: Engineering 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget Personnel $ 458,742 $ 504,147 $ 598,488 $ 588,500 $ 227,400 Suppfies 6,280 11,339 16,019 19,500 9,700 Othes Services&Charges 60,286 47,491 •50,094 56,500 51,700 Capital Outlay 5,467 - - - ' Totals $ 530,775 $ 562,977 $ 664,601 $ 664,500 $ 288,800 Method of Financing General Fund $ 530,775 $ 562,977 $ 664,601 $ 664,500 $ 288,800 Number of Empioyees(FTEs) 5.0 6.0 5.0 5.0 2.2 Description of Services: Develops plans,sets specifications,and determines estimates for capital improvement and safety programs.The Engineering staff also is responsible for the design and construction of streets,sanitary sewer collection systems, storm water facilities,and water treatment and distribution systems. Records are maintained by the Engineering staff on various projects in the City,as-built files, and utility service locations.Also the GIS(Geographic Information System)function is responsible for computer mapping and computer graphic systems. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures• • Capital construction designed $1.97 million $1.30 million $1.50 million $1.8 million Capital const inspected and admin. $2.42 million $2.42 million $2.0 million $3.6 million Project design, inspect&admin. costs 8.0°l0 6.7% 7.0°l0 700.0°l0 Act cost of construction vs. bid award +2.2% +0.6°!0 +2.5°!0 +2.5°l0 Site permits reviewed 12 12 15 18 Site permits reviewed-acres 90 100 220 170 Land alt permits issued 12 15 16 18 Right-of-way permits reviewed 81 110 100 120 Utility service pertnits issued 84 70 75 90 Bud�et Commentsllssues: • For 2015, personnel expenditures for all public works divisions have been reallocated based on historical time allocations for each division. . 26 141 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Public Works Division: Lighting 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget _ Personnel $ - $ - $ - $ - $ 27>700 Supplies 10,636 7,866 5,000 15,000 8,000 Other Services&Charges 217,479 240,877 219,500 209,500 230,100 Totals $ 228,115 $ 248,743 $ 224,500 $ 224,500 $ 265,800 Method of Financing General Fund $ 228,115 $ 248,743 $ 224,500 $ 224,500 $ 265,800 Number of Employees(FTEs) 0.0 0.0 0.0 0.0 0.3 Descriution of Services: Maintains the charges for the electrical overhead street lighting found throughout the City and for all traffic signal systems. � 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures: Street lighting maintenance cost $30,027 $15,500 $17,500 $18,000 Tra�c signal maintenance cost $6,464 $6,000 $6,000 $8,000 Bud�et CommentsAssues: • For 2015, personnel expenditures for all public works divisions have been reallocated based on historical time allocations for each division. • For 2015, an additional$10,100 in utility costs is anticipated due to expected rate increases. 27 142 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Public Works Division: Park Maintenance 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget Personnel $ 637,475 $ 633,358 $ 665,251 $ 665,300 $ 649,300 Supplies 101,660 124,304 127,036 127,000 128,000 Other Services&Charges 126,995 115,742 141,838 141,800 135,700 Totals $ 866,130 $ 873,404 $ 934,125 $ 934,100 $ 911,000 Method of Financing General Fund $ 866,130 $ 873,404 $ 934,125 $ 934,100 $ 911,000 Number of Employees(FTEs) 7.0 6.5 6.5 6.5 5.9 Description of Services: Plans,constructs and maintains both aetive and passive park areas for use by the public. 2012 2013 2014 2015 , Ac ual Actual Estimate Proiected Kev Measures• Park inspections performed 1,416 1,400 1,400 1,400 Park corrective orders NIA 230 250 210 Irrigation system repairs 48 68 42 20 Number of athletic field preparations N/A 960 1,000 1,000 Ice rink maintenance N/A $25,000 $22,000 $22,000 Vegetation management area-acres 124 118 120 120 Vegetation management area cuttings N/A 36 40 40 Budaet Commentsllssues: • For 2015, personnel expenditures for all public works divisions have been reallocated based on historical time allocations for each division. 28 143 CITY OF FRIDLEY 2015 ANNUAL BUDGET GEWERALFUND Department: Public Works Division: Street Maintenance 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget Personnel $ 688,562 $ 751,457 $ 701,552 $ 701,400 $ 703,500 Supplies 212,526 324,775 242,486 242,500 266,400 Other Senrices&Charges 78,005 69,284 78,073 78,100 71,900 � CapitalOutlay 5,866 8,636 - - - Tota/s $ 984,959 $ 1,154,152 $ 1,022,111 $ 1,022,000 $ 1,041,800 Method of Financing General Fund $ 984,959 $ 1,154,152 $ 1,022,111 $ 1,022,000 $ 1,041,800 Number of Employees(FTEs) 9.0 8.5 8.5 8.5 8.4 Description of Services: Performs the necessary tasks to reduce the depreciation of streets and upholds the desirable standards of appearance,serviceability and safety.This includes upkeep such as street sweeping, repair of roadway surface areas, and snow/ice removal. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures• Plowing events(prior winter season) 2 14 9 g Sanding events(prior winter season) 10 20 16 16 De-icing usage-salt(tons) 637 700 650 630 De-icing usage-sand(tons) 640 600 500 480 Average pavement rating 26.20 26.00 26.00 26.00 Pavement repair materials used(tons) 935 900 900 900 Budaet Commentsllssues: • For 2015, personnel expenditures for all public works divisions have been reallocated based on historical time allocations for each division. •2015 budget adds a second seasonal employee to the Street Division •The 2014 fuel budget was increased to by$24,000 to more closely reflect the actuals for the year. 29 144 CITY OF FRIDLEY 2015 ANNUAL BUDGET � GENERALFUND Department: Public Works Division: Garage 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget Personnel $ 287,508 $ 313,570 $ 327,059 $ 317,900 $ 324,800 Supplies 24,944 31,018 38,520 38,500 31,700 Other Services&Charges 98,839 91,421 81,605 90,500 88,600 Tota/s $ 411,291 $ 436,009 $ 447,184 $ 446,900 $ 445,100 Method of Financing General Fund $ 411,291 $ 436,009 $ 447,184 $ 446,900 $ 445,100 Number of Employees(FTEs) 4.5 4.0 4.0 4.0 3.8 Descri�tion of Services: The Garage Division includes the Public Works maintenance office staff and the mechanics who maintain all city equipment for Public Works, Police, Fire, and other city vehicles. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures• Annual Fuel Consumption-Diesel 16,158 17,500 18,500 20,000 Annual Fuel Consumption-Gasoline 64,704 62,500 62,000 64,000 Annual Number of Breakdown Repairs 87 85 80 75 Average Equipment Rating Score N/A 70 70 72 Annual Cost per Vehicle $2,623 $2,600 $2,600 $2,500 Estimated Fleet Value N/A $3.8 million $3.8 million $4.0 million Budaet Comments/Issues: • For 2015, personnel expenditures for all public works divisions have been reallocated based on historical time allocations for each division. 30 145 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Parks 8�Recreation Division: Recreation 2012 2013 2014 2014 2015 Expenditures by Category Actual Actuat Budget Revised Budget Personnel $ 565,830 $ 589,946 $ 626,917 $ 626,900 $ 624,000 Supplies 53,792 67,003 53,979 63,800 56,200 Other Services&Charges 178,119 190,797 216,139 216,300 217,900 Capital Outlay 12,830 - - - - Totals $ 810,571 $ 847,746 $ 897,035 $ 907,000 $ 898,100 Method of Financing Generai Fund $ 810,571 $ 847,746 $ 897,035 $ 907,000 $ 898,100 Idumber of Employees(FTEs) 5.0 5.0 5.0 5.5 5.5 Description of Services: Provides a wide variety of year-round leisure activities that contribute toward the physical,social,and emotional well-being of citizens of all ages. Programs are provided in the following areas: instructional recreation activities, competitive athletic leagues,fitness activities,special events, cultural arts, and outings. This division also operates a Senior Center which provides social services, recreation, and health and wellness programs.The staff also promotes cooperation among local groups and organizations. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures: Total Program Participant Hours 302,500 � 305,975 315,160 316,000 Scholarship/Fee Assist Participants 93 99 105 113 Dollar Amount of fees covered by � scholarships/assistance programs 5,607 6,841 7,200 11,300 Senior.Program Volunteer Hours 15,715 16,500 16,500 16,500 Senior Program Participant Hours 68,700 69,818 71,920 _ 72,000 Buds�et Commentsllssues: .The 2014 Revised Budget includes an additional$10,000 for the replacement of tables and chairs at the Community Center. A Lions donation received at the end of 2013 for this same amount was used to cover this purchase. 31 146 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Community Development Division: Building Inspections 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget Personnel $ 251,063 $ 273,955 $ 272,657 $ 272,700 $ 285,600 Supplies 5,424 3,894 9,020 7,700 13,700 Other Services 8�Charges 69,046 59,549 61,614 94,500 153,600 Totals $ 325,533 $ 337,398 $ 343,291 $ 374,900 $ 452,900 Method of Financing General Fund $ 325,533 $ 337,398 $ 343,291 $ 374,900 $ 452,900 Number of Employees(FTEs) 3.0 3.0 3.0 3.0 3.0 Descriation of Services: Build'+ng Inspections enforces the Building Code within the City in order to prevent health and safery hazards.The Building Inspection staff provides City Code information to homeowners>builders,and businesses and also reviews plans and provides coordination of inspections. 2012 2013 2014 2015 Actual Actual Estimate Projected Kev Measures• Buildina Permits $120,650 $144,018 $136,426 $273,200 Residential Plumbing $13,330 $12,785 $13,048 $15,900 Electrical $18,613 $13,613 $19,223 $19,000 Mechanical $11,975 $8,390 $11,101 $12,900 Commercial/Industrial Plumbing $19,563 $10,072 $17,002 $23,500 Electrical $24,739 $16,179 $20,371 $26,500 Mechanical $78,555 $25,112 $47,145 $61,000 Plan Review Fees $96,664 $100,080 $98,200 $98,300 Bud�et Comments/Issues: • The increase in the Other Services and Charges category directly relates to the City's increased intensity and types of projects coming in that will require commercial and industrial inspections.We have bolstered our inspection capabilities by bringing on a combination PlumbinglBuilding Inspector to assist with inspections.This is not a new contract position,it replaces the position that was held by Terry Overacker,Overacker Plumbing.The conservative estimate of activities above will provide adequate funds to cover the added inspect+on contract expense. •The Goa{for turnaround times on inspections and p{an reviews inc{udes: -2 hour turnaround on inspection requests, -Within 10 days for commercial inspection plan reviews, -Within 3 days for residential plan reviews. 32 147 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Community Development Division: Planning 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget P�rsonnel 365,991 433,952 421,924 422,000 447,400 Supplies 4,018 2,951 3,541 3,600 3,900 Other Services&Charges 76,528 43,610 62,476 62,500 64,700 Totals $ 446,537 $ 480,513 $ 487,941 $ 488,100 $ 516,000 Method of Financing General Fund 446,537 480,513 $ 487,941 $ 488,100 $ 516,000 Number of Employees (FTEs) 4.2 4.2 4.2 4.2 4.2 Description of Services: Planning is the principal advisor to the Planning Commission,Appeals Commission, Environmental Quality and Energy Commission, City Council and City Manager on all land use, urban development, energy and environmental functions. This division also administers a variety of recycling programs and administers an aggressive code enforcement program. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures• No. of nuisance abatements 190 96 100 110 No. of citations/formal complaints 7 5 7 7 Total No. land use applications 20 21 15 20 Permanent sign permits issued 44 20 10 20 Temporary sign permits issued 29 16 20 20 Budget Comments/Issues: • Complete text amendments in preparation of the 2040 Comp Plan update • Complete a text amendment if organized garbage collection is approved • Complete a text amendment after approval of the TOD Master Plan 33 148 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Community Development Division: Rentallnspections 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget Personnel $ 130,283 $ 117,592 $ 149,920 $ 149,700 $ 142,700 Supplies 2,213 3,373 6,325 7,000 7,000 Other Services 8�Charges 5,883 3,249 18,849 18,700 17,600 Totals $ 138,379 $ 124,214 $ 175,094 $ 175,400 $ 167,300 Method of Financing General Fund $ 138,379 $ 124,214 $ 175,094 $ 175,400 $ 167,300 Number of Employees(FTEs) 1.6 1.6 1.6 Descriation of Services: Rental Inspection provides for the systematic inspection and licensing of rental units in order to protect the health, safety,and welfare of the Community and to preserve the Fridley's valuable housing stock. 2012 2013 2014 2015 Actual Actual Estimate Proiected Kev Measures: Application Fees $174,666 $160,527 $193,000 $182,500 Licensed Rental Units 817 940 987 990 Units Inspected with CoRection Orders 2,745 2,078 2,493 2,250 Units Inspected w/o Correction Orders 302 255 238 207 Budaet Comments/Issues: • Late Fee charges were collected and where the anticipated/Budget amount for 2014 was$500, rental staff collected$2,000.The majority of the improvement came through eliminating exceptions. • $12,000 in reinspection fees were collected, $8,400 of those fees were collected by July.We anticipate that as rentaf property owners begin to understand that this is the new process,they will work to avoid a 3rd reinspection and thus the fee. Our goal is to see this number come down in 2015,which wil4 indicate that we have raised the level of understanding of the importance of bringing rental properties into compliance without a 3rd inspection. 34 149 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND Department: Reserve Division: Emergency 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget Personnel $ - $ - $ _ $ _ $ _ Supplies - - _ _ _ Other Services&Charges - - 120,000 120,000 120,000 Capital Outlay - - _ _ _ Other Financing Uses - - - _ _ Totals $ - $ - $ 120,000 $ 120,000 $ 120,000 Method of Financing General Fund $ - $ - $ 120,000 $ 120,000 $ 120,000 Number of Employees(FTEs) 0.0 0.0 0.0 0.0 0.0 Descrintion of Services: The Reserve for Contingency absorbs any unexpected costs that occur during the year that were not budgeted. These types of costs are usually in the form of lawsuits or other unexpected expenses.The Reserve also provides funds to carry on City business with no interruption of services to taxpayers when unexpected fluctuations in the economy cause a change in any revenue source. 35 150 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERAL FUND Department: Non-Departmental Division: Non-Departmental 2012 2013 2014 2014 2015 Expenditures by Category Actual Actual Budget Revised Budget Personnel $ 10,966 $ - $ - $ - $ 60,000 Supplies 24 1,781 - - _ Other Services 8�Charges 15,545 10,940 27,600 27,600 17,500 Capital Outlay - - _ _ _ Other Financing Uses - 145,052 175,000 175,000 - Totals $ 26,535 $ 157,773 $ 202,600 $ 202,600 $ 77,500 Method of Financing General Fund $ 26,535 $ 157,773 $ 202,600 $ 202,600 $ 77,500 Number of Employees(FTEs) 0.0 0.0 0.0 0.0 0.0 Description of Services: The Non-Departmental Division was established in 1990.This Division accounts for expenditures which cannot be allocated to specific departments and/or divisions. Buds�et Comments/Issues: •2015 personnel expenditures includes$60,000 dedicated to market rate adjustments for certain positions yet to be indentified that are well below the comparable market rate for compensation. 36 151 CITY OF FRIDLEY 2015 ANNUAL BUDGET SPECIAL REVENUE FUNDS Cable N 2012 2013 2014 2014 2015 Revenues Actual Actual Budget Revised Budget Franchise Fees $ 252,528 $ 265,325 $ 272,000 $ 273,000 $ 286,000 Administrative Charges 700 700 800 700 800 Interest Eamings 15,344 11,358 15,000 10,000 10,000 Unrealized Gain/Loss (322) (24,975) - - - Miscellaneous Revenue 11 - - _ _ Tota/Revenues $ 268,261 $ 252,408 $ 287,800 $ 283,700 $ 296,800 Expenditures Personnel $ 141,508 $ 152,008 $ 183,698 $ 185,300 $ 230,400 Supplies 1,439 9,211 2,750 2,900 3,000 Other Services/Charges 26,042 9,602 16,465 37,100 37,000 CapitalOutlay 162,761 - - - 17,000 � Tota/Expenditures $ 331,750 $ 170,821 $ 202,913 $ 225,300 $ 287,400 Surplus(Deficiency)of Revenues $ (63,489) $ 81,587 $ 84,887 $ 58,400 $ 9,400 over Expenditures Beginning Fund Ba/ance $ 1,365,754 $ 1,302,265 $ 1,701,183 $ 1,383,852 $ 1,442,252 Ending Fund Balance $ 1,302,265 $ 1,383,852 $ 1,786,070 $ 1,442,252 $ 1,451,652 Number of Employees(FTEs) 1.00 1.00 1.50 1.70 1.70 Descrintion of Services: The Cable TV Fund provides support for the Fridley Municipal Television Channel 17. All regular City Council, Appeals Commission, Planning Commission, and HRA meetings are broadcast live on Channel 17 and reran several times during the week. Staff also provides production services for the Fridley school Board meetings. In addition to broadcasting meetings, staff produce a number of departmental and community event programs. In total, staff produces about 90 programs a year. Other services include: providing an electronic community bulletin board, assisting all Ciry departments with their audio-video needs, programming of Fridley Public Access Channel 15, photography and newsletter support, and helping to resolve cable customer complaints. The Cable N Fund also provides equipment necessary for the operations of Channel 17, and cable N service for: City Council Members, City Manager,and the Cable Administrator. � The Cable TV Fund also provides equipment necessary for the operations of Channel 17. 2012 2013 2014 2015 Kev Measures: Actual Actual Estimate Proiected Programming Produced Civic Meetings 56 56 60 60 Departmental Programs 23 25 30 30 Community Events 7 �p g 5 Internet Presence PEG Central Top 5 programs views per month 3,700 1,220 1,750 1,500 YouTube(new June 2013) NA 1,841 3,000 4,000 (Select Programs are uploaded, Meetings are not) Budaet Comments/lssues: •The 2015 budget continues the part-time Communications Specialist. The position is responsible for centralizing website information and distribution,develop and implementing social media usage and protocol, and assisting in video and newsletter productions. • The 2014 revised and 2015 budget include an additional$7,300 for website redesign. 37 152 CITY OF FRIDLEY 2015 ANNUAL BUDGET SPECIAL REVENUE FUNDS Grant Management 2012 2013 2014 2014 2015 Revenues Actual Actual Budget Revised Budget Title3-Chore Services(Rec) $ 29,494 $ 30,000 $ 25,000 $ 22,600 $ 30,000 Section 8-Fed Grant(comm�ev) 69,728 73,529 54,306 51,900 - All Other State Grants-P Works - - - 12,400 85,500 All Other State Grants-C Dev 8,204 9,889 - 100,000 - Gen ContriblDonations-Rec 110 (19) 3,014 2,700 2,000 Miscellaneous Revenue 355 325 - 5,600 - Total Revenues $ 107,891 $ 113,724 $ 82,320 $ 195,200 $ 11T,500 Expenditures Personnel $ 99,720 $ 101,828 $ 24,564 $ 26,400 $ 28,000 Suppties 2,388 1,049 - 500 - Other Senrices/Charges 5,783 11,701 3,450 115,500 89,500 Other Financing Uses - - 54,306 51,900 - Total Expenditures $ 107,891 $ 114,578 $ 82,320 $ 194,300 $ 117,500 Surplus(Deficiency}of Revenues $ - $ (854) $ - $ 900 $ - over Expenditures Beginning Fund Balance $ - $ - $ (854) $ (854) $ 46 Ending Fund Ba/ance $ - $ (854) $ (854) $ 46 $ 46 Number of Employees(FTEs) 0.00 0.00 0,60 0.60 0.60 Description of Services: Administers grants received from a variety of intergovemmental agencies. In most cases,grant funds are provided on a reimbursement basis following proper documentation of expenditures, however,in some cases the money is provided in advance to be spent on specific activities ouUined in the grant. 2012 2013 2014 2015 Kev Measures: Actual Actual Estimate Proiected Chores&More Number of Households Served 349 357 375 375 Number of Service Hours 6,016 6,139 6,200 6,200 Number of Skilled Bank Workers 50 52 50 50 Budaet Comments/lssues: . The 2015 budget reflects budgets for the Chores and More Program through the Recreation Department and the Lateral Repair Grant program administered by the Sewer Department. .The 2014 revised budget reflects the final transfer out of the Section 8 fund to the general fund. It also includes activity for the Chores and More,Well Sealing, Lateral Repair, and Transit Oriented Development Grants. 38 153 CITY OF FRIDLEY 2015 ANNUAL BUDGET SPECIAL REVENUE FUNDS Solid Waste Abatement 2012 2013 2014 2014 2015 Revenues Actual Actual Budget Revised Budget State Grants-Gen Gov't $ 65,550 $ 64,039 $ 75,000 $ 76,000 $ 84,000 Recycling Fees 263,313 272,605 272,979 292,000 292,000 Recycling Penaities 8,492 8,437 8,300 8,400 8,400 Sale of Misc Property 420 - - _ _ Miscellaneous Revenue 18,102 7,573 3,300 7,300 7,000 Transfer From Other Funds 36,819 20,052 . - - _ Total Revenues $ 392,696 � 372,706 a 359,579 � 383,700 a 391,400 Expenditures Personnel $ 39,133 $ 50,795 $ 66,729 $ 54,300 $ 57,900 Supplies 2,763 9,692 3,150 3,000 3,200 Other Services/Charges 328,914 291,026 305,737 331,200 332,600 Other Financing Uses - _ _ _ _ Tofa/Expenditures $ 370,810 $ 351,513 � 375,616 $ 388,500 a 393,700 Surplus(Deficiency)of Revenues $ 21,886 $ 21,193 $ (16,037) $ (4,800) $ (2,300) over Expenditures Beginning Fund Ba/ance $ 35,504 $ 57,390 $ 67,828 $ 78,583 $ 73,783 Ending Fund Balance $ 57,390 � 78,583 a 51,791 $ 73,783 $ 71,483 Number of Employees(FTEs) 1.00 1.00 1.00 1.00 0.75 Descriution of Services: Fund was established in 1991. It reflects the City's solid waste abatement activities such as curbside recycling and drop-off events to eliminate electronics,appliances and other items from the waste stream. Marketing and educational activities are also supported. 2012 2013 2014 2015 Kev Measures: Actual Actual Estimate Proiected Recycling grant funding f�om counry 65,550 71,935 76,000 84,000 Total recycling tons reported to county(NlCmunicipal) 2,120 1,920 1,900 2,000 Curbside recycling tonnage, units 1-12 1,792 1,570 1,500 1,570 Budaet Comments/Issues: • Planning to continue Parks, Special Event and apartment programs for 2015 if County grant allows(positive indicators at this time). 39 154 CITY OF FRIDLEY 2015 ANNUAL BUDGET SPECIAL REVENUE FUNDS Springbrook Nature Center 2012 2013 2014 2014 2015 Revenues Actual Actual Budget Revised Budget Current Ad Valorem $ 316,806 $ 327,965 $ 339,300 $ 339,300 $ 345,900 Delinquent Ad Valorem 1,362 (9,331) - - _ Twin Cities Gateway Grant 1,852 3,263 - - _ Shelter Rental 548 1,110 600 300 600 Daycamp 25,723 23,935 27,700 34,000 34,000 Special Events 22,299 25,697 22,000 20,000 22,000 School Programs 31,031 42,331 33,500 30,000 28,000 Birthday Parties 4,060 3,402 4,000 2,500 3,000 Instructional 1,711 1,412 1,800 900 1,800 CommunityGroups 4,591 3,256 4,600 1,500 1,500 Interest Eamings 522 935 - - _ Unreafized Gain/Loss (10) {425) - - _ Gen Contrib/Donations 31,229 10,111 - 9,000 - Tota/Revenues a 4.41,724 $ 433,661 $ 433,500 $ 437,500 $ 436,800 Expenditures Personnel $ 343,376 $ 334,127 $ 325,275 $ 325,400 $ 332,600 Supplies 28,548 35,144 29,760 29,800 28,800 Other Services/Charges 46,594 42,567 53,862 62,600 54,000 CapitalOutlay 26,194 60,980 - - _ Total Expenditunes a 444,712 $ 472,818 $ 408,897 $ 417,800 � 415,400 Surplus(Deficiency)of Revenues $ (2,988) $ (39,157) $ 24,603 $ 19,700 $ 21,400 over Expenditures Beginning Fund Ba/ance $ 102,859 $ 99,871 $ 60,714 $ 60,714 $ 80,414 Ending Fund Balance $ 99,871 $ 60,714 $ 85,317 $ 80,414 $ 101,814 Number of Employees(FTEs) 3.00 3.00 3.50 3.50 3.50 Descriotion of Services: Provides a wide range of environmental interpretive programs utilizing various natural resource areas within the city.These programs are available to the general public, local school districts, community groups and organizations. 2012 2013 2014 2015 Actual Actual Estimate Pro�ected Kev Measures• Program participant hours 46,795 48,198 49,693 45,000 Number of school group student visits 13,351 13,751 14,163 13,000 Volunteer hours 17,719 18,073 18,434 18,500 Budaet Comments/Issues: � 40 155 CITY OF FRIDLEY 2015 ANNUAL BUDGET CAPITAL PROJECTS FUNDS CAPITAL EQUIPMENT FUND 2012 2013 2014 2014 2015 Revenues Actual Actual Budget Revised Budget Ad Valorem Tax Levy $ - $ - $ 175,000 $ 175,000 $ - Local Govemment Aid - 293,500 611,400 611,400 1,040,400 Investment Income 2,565 (2,450) - - _ Auction Proceeds 63,445 35,679 30,000 30,000 30,000 Donations - 2,500 _ _ _ Other Reimbursements - 5,295 - - _ Transfer from Section 8 - - 20,000 - - Transfer from Liquor Stores - - - 175,000 Equipment Certificate Proceeds 1,246,419 - - _ _ Tota/s $ 1,312,429 $ 334,524 $ 836,400 $ 816,400 $ 1,245,400 Expenditures by Category Police $ 137,373 $ 219,974 $ 181,300 $ 181,300 $ 220,200 Fire 35,966 536,486 100,000 91,000 620,000 Public Works Parks Division 81,698 134,452 75,000 15,000 140,000 Streets Division 125,273 217,119 315,000 285,000 513,000 Garage Division 38,836 - - 8,000 - Community Development - - 37,000 15,000 22,000 General Govemment - 17,411 - _ _ Tota/s $ 419,146 $ 1,125,442 $ 708,300 $ 595,300 $ 1,515,200 Surplus(Deficiency)of Revenues - over(under)Expenditures 893,283 (790,918) 128,100 221,100 (269,800) Reserve for Delayed Projects _ _ _ _ _ Beginning Fund Ba/ance - 893,283 102,365 $ 902,365 $ 323,465 Ending Fund Ba/ance $ 893.283 $ 902,365 $ 230,465 $ 323 465 $ 53 665 Descriution of Services: The Capital Equipment Capital Projects Fund was created in 2012 for the purpose of funding replacement or repair of major capital items that are expected to exceed$5,000 in cost. The primary sources of revenue for the fund are Local Govemment Aid,capital equipment certificates, and tax levy proceeds. The fund also receives eamings from the auction of surplus city property as well as investment earnings. 2012 2013 2014 2015 Kev Measures: Actual Actual Estimated Proiected Deprec.value of furniture&equipment(millions$) $2.1 $2.5 $2.3 $2.3 Budaet Comments/Issues: The 2015 budget for the Capita/Equipment Fund includes a substantia/shift in LGA allocation. The goa/of this fund is evenfually eliminate the need for additiona/equipment certificates. Recent Legislative enacted changes to the LGA formu/a will provide a substantial boost in funding and move the city in the direction of realizing fhis goal. • Substantial purchases approved in the 2015 CIP for the fund include: $175,000 for police fleet vehicles, $550,000 for a fire engine replacement, 165,000 for a public works dump truck and plow,$135,000 for an aerial truck, and$45,200 for emergency siren horn replacements. 41 156 CITY OF FRIDLEY 2015 ANNUAL BUDGET CAPITAL PROJECTS FUNDS CAPITAL EQUIPMENT FUND CIP-Expenditure Detail . New or 2012 2013 2074 2014 2015 Replacement(✓) Actual Actual Budget Revised Budget Police Police Squad/SUV/Pickup ✓ $ 137,373 $ 207,378 $ 181,300 $ 181,300 $ 175,000 Equipment ✓ - 12,596 - - - Emergency Sirens ✓ - - - - 45,200 Tota/Police $ 137,373 $ 219,974 $ 181,300 $ 181,300 $ 220,200 Fire Fire Engine ✓ $ - $ 536,486 $ - $ - $ 550,000 Rescue Truck ✓ 35,966 - 40,000 70,000 - Rescue Truck PainURehab ✓ - - ' ' - Rescue Boat ✓ - - - - 30,000 Eng+ne#3 PaintlRehab ✓ - - 40,000 21,000 - Station Alerting New - - 20,000 - 40,000 TotalFire $ 35,966 $ 536,486 $ 100,000 $ 91,000 $ 620,000 Public Works-Parks Division Mowers ✓ $ 50,909 $ 17,591 $ - $ - $ 38,000 Pickup Trucks ✓ - - - - 29,000 Dump Trucks with Plows ✓ 30,789 38,461 15,000 - 25,000 Skidloader ✓ - 25,686 - - - Utility Vehicle for Trail Plowing New - 52,714 60,000 - - Utility Vehides and Equipment ✓ - - - 15,000 48,000 Total PW-Parks Division $ 61,698 $ 134,452 $ 75,000 $ 15,000 $ 140,000 Pub/lc Works-Streets Divisfon Pickup Trucks ✓ $ - $ - $ - $ - $ 73,000 Dump Trucics with Plows ✓ 125,273 210,229 160,000 130,000 165,000 Heavy Equipment ✓ - - 40,000 40,000 140,000 Paving Equipment `� ' ' ' Traffic Marking and Safery Equipment ✓ - - 25,000 25,000 - Aerial Equipment ✓ - - 90,000 90,000 135,000 Utility Vehicles and Equipment ✓ - 6,890 - - Tota/PW-Streets Division $ 125,273 $ 217,119 $ 315,000 $ 285,000 $ 513,000 Public Works-Garage Divisfon Equipment ✓ $ 38,836 $ - $ - $ 8,000 $ - Community Deve/opment Mid-size Passenger Vehicles(2) ✓ $ - $ - $ 37,000 $ 15,000 $ 22,000 Genera/Government � Equipment ✓ $ - $ 17,411 $ - $ - $ - Tofal Expenditures $ 418,146 $ 1,125,442 $ T08,300 $ 595,3Q0 $ 1,515,200 42 157 CITY OF FRIDLEY 2015 ANNUAL BUDGET CAPITAL PROJECTS FUNDS Information Systems Capitai Projects 2012 2013 2014 2014 2015 Revenues Actual Actual Budget Revised Budget Property Taxes $ - $ - $ - $ - $ 50,OQ0 Local Government Aid - - - - - Charges for Services 73,560 6,456 - 85,400 50,700 Investment Income 4,197 (4,219) - 1,500 1,500 Transfers In 59,000 250,000 - 175,000 125,000 Totals $ 136,757 $ 252,237 $ - $ 261,900 $ 227,200 Expenditures by Category Technology PurchaseslUpgrades $ 242,496 $ 71,031 $ - $ 283,400 $ 152,500 Office Equipment 22,818 12,245 - - - Public Safety Technology 5,000 - - 130,700 79,700 Security Equipment - - - - - Technology Infrastructure - 3,900 - 2,000 85,000 Communications Technology Totals $ 270,314 $ 87,176 $ - $ 416,100 $ 317,200 Surplus(Deficiency)of Revenues over(under)Expenditures (133,557} 165,061 - (154,200) (90,000) Reserve for Delayed Projects - - - 150,000 - Beginning Fund Balance 509,627 376,070 541,131 $ 541,131 $ 236,931 Ending Fund Balance $ 376,070 $ 541,131 $ 541,131 $ 236,931 $ 146,931 Descriotion of Services: The Technology Development fund provides for the purchase of replacement computers, local area and wide area network equipment, printers,peripheral devices,telecommunications improvements and software. It also provides for the purchase of new equipment and software that serves the city as a whole, including major office equipment such as copiers and smartboards. 2012 2013 2014 2015 Kev Measures: Actual Actual Estimated Proiected Number of Servers 20 25 30 30 Number of desktop computers 145 150 157 160 Number of notebook/tablet computers 1 114 120 150 W ireless access points 14 18 18 20 Budaet Commentsllssues: The 2015 budget and the 2014 revised budget for the Information Systems Capital Projects Fund finances the City's regular techno/ogy rep/acements and upgrades as provided in the adopted Capital Improvements Program(C/P). • Large increase in mobile devices for 2015 reflects the implementation of Police tablet PCs • Additional wireless access points to be place at Fridley Liquor stores • Count of servers includes both physical and virtual servers 43 158 CITY OF FRIDLEY 2015 ANNUAL BUDGET CAPITAL PROJECTS FUNDS STREET CAPITAL IMPROVEMENTS 2012 2013 2014 2014 2015 Revenues Actual Actual Budget Revised Budget Municipal State Aid-State Aid Routes $ 840,187 $ 575,872 $ 680,000 $ 686,800 $ 317,400 Municipal State Aid-Local Routes - - - - 369,400 Federal Highway Aid - 250,000 150,000 970,000 Special Assessments 51,888 417,812 1,10Q,000 1,100,000 700,000 Investment Income � 32 386 (32 669) 28,000 29,700 26,400 Totals $ 924,461 $ 961,015 $ 2,058,000 $ 1,966,500 $ 2,383,200 Expenditures Street Rehabilitation Program $ 710,000 $ 580,000 $ 1,295,000 $ 1,295,000 $ 960,000 Sealcoat Program 160,000 220,000 245,000 245,000 265,000 Street Sign Replacements - - - - 15,000 Traffic Signal MainURetrofit - - - 5Q,Q00 20,000 Trail/Walk Upgrades - - 100,000 100,000 100,000 69th Avenue Railroad Crossing - - 250,000 250,000 - Main Street Pedestrian Bridge - - 150,000 150,000 1,150,000 Street Lighting Upgrades - - - - 20,000 Traffic Safety Projects - - - - 15,000 TransfertoGeneralFund - - 41,000 104,500 131,000 Totals $ 870,000 $ 800,000 $ 2,081,000 $ 2,194,500 $ 2,676,000 Surplus(Deficiency)of Revenues over(under)Expenditures 54,461 161,015 (23,000) (228,000) (292,800) Reserve for Delayed Projects - - - 100,000 - Beginning Fund Balance 2 756 396 2 810,857 2,971,872 2,971,872 2,643,872 Ending Fund Balance $ 2.810.857 $ 2.971,872 $ 2.948.872 $ 2.643.872 $ 2.351.072 Descriution of Services: The purpose of the Street Improvements budget is to fund repair or replacement of city streets and street related equipment such as signs and street lights. Funding sources for these improvement come from two primary sources,Municipai State Aid and special assessments. The Capital Improvement Plan(CIP)is an integral component for the development of the current year's budget. The CIP is used for planning future projects over a multitude of years. The budget is the document that formalizes which projects will proceed. Funding sources for these improvement come from two primary sources,Municipal State Aid and special assessments. 2012 2013 2014 2015 Kev Measures: Actual A ual Estimate Pro'e ed Miles of streets rehabilitated ` " * Miles of streets sealcoated " '" ` Miles of streets rated for condition ` * * Average pavement condition index " ' " "-Not available at the time of production Budaet Comments/Issues: The 2015 budget for the Street Improvement Fund as provided in the Capital Improvement Program(C/P)will continue the city's road rehabilitation and preservation programs. •The 2015 Street Rehabilitation Project incfudes the redamation of various street segments and minor repairs to utiiities in the Summit Manor neighborhood located south of I-694 and the east side of University Avenue. •Other projects slated for 2015 include the continuation af the annual sealcoat program($265,000),and the construction of a shared use path from 43rd Avenue to 57th Avenue along the west side of Main Street including a trail bridge spanning interstate 694 ($1,150,000). Federal Highway funds are expected to cover approximately 80%of the estimated$1.45 million. •The 2014 Street Rehabilitation Project includes the reclamation of various streets segments and minor repairs to utilities in the North Park Industrial area. 44 159 CITY OF FRIDLEY 2015 ANNUAL BUDGET CAPITAL PROJECTS FUNDS PARKS CAPITAL IMPROVEMENTS 2012 2013 2014 2014 2015 Revenues Actual Actual Budget Revised Budget Ad Valorem Tax Levy $ 76 $ (443) $ - $ - $ _ Liquor Store Proceeds(Transfer In) - - - 75,000 Local Govemment Aid - 100,000 100,000 25,000 Investment Income 23,334 (21,907) 20,000 15,000 15,000 Park Dedication Fees 750 6,067 10,000 5,000 5,000 Miscellaneous 960 - - _ _ Totals $ 25,120 $ (16,283) $ 130,000 $ 120,000 $ 120,000 Expenditures by Category Court Surfacing/Overlays $ 21,375 $ - $ 30,000 $ 30,000 $ 30,000 Park Furnishings 24,946 5,138 10,000 10,000 10,000 Commons Park Irrigation System - 91,938 80,000 80,000 - Community Park Parking Lot Resurfacing - - _ _ _ SNC Boardwalk Replacement - - 25,000 25,000 250,000 Security Cameras in Parks - - 25,000 25,000 - Playground Equipment Repairs/Replacement 5,929 - - - 30,000 Totals $ 52,250 $ 97,076 $ 170,000 $ 170,000 $ 320,000 Surplus(Deficiency)of Revenues over(under)Expenditures (27,130) (113,359) (40,000) (50,000) (200,000) Reserve for Detayed Projects - - - 155,449 - Beginning Fund Balance 2,013,849 1,986,719 1,873,360 1,873,360 1,667 911 Ending Fund Balance 1,986,719 $ 1.873.360 $ 1,833.360 $ 1.667,911 $ 1,467,911 Descriotion of Services: The purpose of the Park Capital Improvements budget is to fund repair or replacement of park equipment or park related improvements. The Capital Improvement Plan(CIP)is an integral component for the development of the current year's budget. The CIP is used for planning future expenditures over a multitude of years. The budget is the document that formalizes which projects will proceed. 2012 2013 2014 201.5 Kev Measures: Actual Actual Estimated Proiected Number of City Parks 38 38 38 Acres of City Park Land * * * Miles of Trails * * +� *-Not available at the time of production Buds�et Comments/Issues: The 2015 budget for Parks Capita/Improvement Fund includes a$25,000 funding from Local Government Aid(LGA)and $75,000 transfer from Liquor Store proceeds. • Substantial purchases approved in the 2015 CIP for the fund inciude: replacement of certain sections of the Springbrook Nature Center boardwalk,continued court resurfacing($30,000), along with playground equipment repair& replacement($30,000). • Reserved for delayed projects includes: $70,587 for Community Park parking lot resurtacing, $30,000 for court resurfacings, $25,000 for SNC boardwalk replacement, and$25,000 for security cameras in parks. 45 160 CITY OF FRIDLEY 2015 ANNUAL BUDGET CAPITAL PROJECTS FUNDS BUILDINGS CAPITAL IMPROVEMENTS 2012 2013 2014 2014 2015 Revenues Actual Actual Budget Revised Budget Local Govemment Aid $ 759,414 $ 465,914 $ 500,000 $ 500,000 $ 250,000 Investment Income 3,575 (7,196) 2,000 2,000 500 Springbrook Nature Center Fund - 60,980 - - 3,OOQ,000 DWI Forfeiture Fund - - - 95,000 - Totals $ 762,989 $ 519,698 $ 502,000 $ 597,000 $ 3,250,500 Expenditures by Category Community Center Fumiture 8 Fixtures $ - $ - $ 15,000 $ 15,000 $ 10,000 Facilities Feasibility Study - 32,834 - - - Fire Station 1 ADA&Entrance Upgrades - 8,958 - - - Fire Station 2 Site Upgrades - - 20,000 20,000 �- Fire Station 2&3 Security Upgrades - - - - 20,000 Municipal Center HVAC Replacement - 39,000 40,000 40,000 25,000 Municipal Center Roof Replacement 265,815 - 10,000 10,000 210,000 Municipal Center Ramp Repairs - 30,843 300,000 300,000 150,000 Municipai Center Security Upgrades 643 - - - - Municipal Center Fumiture&Fixtures - - - - 26,000 Police Garage Roof Replacement 28,143 231,652 - - - Police Gun Range Improvements 2,339 - - - 50,000 Police Squad Room Remodel 16,265 - - - - Public Works�ueling Relocation/Retrofit - - - - 170,000 Public Works Gate Replacement - - 25,000 25,000 - Public Works Building&Lot Upgrades - - - - 85,000 Public Works Roof Replacement - - 180,000 180,000 - Public Works Security Upgrades - - 5,000 5,000 - SNC SPRING Project - - - 3,000,000 SNC Roof Replacement - 60,980 Totals $ 313,205 $ 404,267 $ 595,000 $ 595,000 $ 3,746,000 Surplus(Deficiency)of Revenues over(under)Expenditures 449,784 115,431 (93,000) 2,000 (495,500) Reserve for Delayed Projects - - - 293,542 0 Beginning Fund Balance 493,113 942,897 9,058,328 $ 1,058,328 $ 766,786 Ending Fund Balance $ 942.897 $ 1,058,328 $ 965,328 $ 766,786 $ 271,286 DescriMion of Services: The purpose of the Building Capital Improvements budget is to fund repair or replacement of major buiidings or bu+lding related improvements. The Capital Improvement Plan(CIP)is an integral wmponent for the development of the current year's budget. The CIP is used f.or planning future expenditures over a multitude of years. 7he budget is the document that formalizes which projects wiil proceed. 2012 2013 2014 2015 Kev Measures: Actual Actual Estimated Proiected Municipal Facilities " ` ` Deprec.value of buildings&structures(millions$) $11.5 $10.9 $10.5 $10.1 *-Not available at the time of production Budaet Comments/lssues: The 2015 budget and the 2014 revised budget for the Building Capitai Replacement division includes an increased allotment of LGA. The 2013 Legislature enacted LGA reform which increased the 2013 LGA allotment and increased future years'allotments by another$450,000. •Substantial projects approved in the 2015 CIP for the fund include;$210,000 for the municipal center roof replacement,an additional$150,000 for municipal center ramp repairs which is in addftional to$350,000 of ramp repairs scheduled for late 2014 or early 2015,$170,000 for public works fueling station upgrades and relocation,and$3,000,000 for the initial construction of the SPRING proJect at the Springbrook Nature Center. The SPRING project received Legislative approval in 2014 under the bonding bill and is scheduled to receive$5 million in funding to cover the initial building costs. Additional donations and sponsorships are anticipated to cover capital e�enditures above and beyond the$5 million. • Reserve for Delayed Projects includes;$100,000 for public facility heating upgrade,$95,000 for a cold storage facility for police forfeitures that wilf be funded by forfeiture reserves,and$41,000 for Fire Station#1 entrance upgrades to comply with ADA requirements. 46 161 CITY OF FRIDLEY 2015 ANNUAL BUDGET Water ENTERPRISE FUNDS 2012 2013 2014 2014 2015 Revenues Actual Actual Budget Revised Budget Other Financing Sources $ - $ - $ 1,716,127 $ 4,215,000 $ - Interest Earnings 38,424 29,557 55,000 55,000 50,000 Unrealized Gain/Loss (2,491) (59,593) - - _ Sale of Misc Property - 3,054 - - _ Fixed Asset Gain/Loss 1,260 - - _ _ Miscellaneous 10,242 7,439 - - 35,000 Water Sales 2,621,256 2,647,269 2,853,189 2,850,500 2,994,200 Water Flat Rate Sales 5,081 394 10,200 5,100 10,200 ConnecUReconnect Fees 6,057 6,372 5,000 5,000 5,000 Penalties/Forfeit.Discount 88,285 76,670 88,500 88,500 88,500 Meter Sales 6,189 8,334 10,000 10,000 10,000 Water Tapping&Misc Fees 24,161 24,822 28,000 28,000 28,000 One-Time Set-up Fees 11,830 13,790 9,100 9,100 9,100 Total Revenues $ 2,810,294 $ 2,758,108 $ 4,775,116 $ 7,266,200 $ 3,230,000 Expenditures Personnel $ 826,616 $ 833,781 $ 838,535 $ 814,500 $ 947,800 Supplies 351,454 436,160 223,750 224,500 231,500 OtherServices/Charges 1,240,761 1,334,931 549,582 560,900 571,900 CapitalOutlay - - 2,070,000 3,185,000 1,030,000 Debt Service 228,345 210,712 719,622 719,700 1,090,900 Total Expenditures $ 2,647,176 $ 2,815,584 $ 4,401,489 $ 5,504,600 $ 3,872,100 Surplus(Deficiency)of Revenues over Expenditures $ 163,118 $ (57,476) $ 373,627 $ 1,761,600 $ (642,100) Ending Cash Balance $ 3,600,479 $ 3,411,592 $ 3,785,219 $ 5,173,192 $ 4,531,092 Number of Employees(FTEs) 7.00 7.00 7.00 7.00 8.91 Description of Services: The Water Division provides treatment,distribution, and metering of the Ciry's drinking water to properties within the City of Fridley. The division also maintain water pressure and fire hydrants used for fire suppression throughout the City. 2012 2013 2014 2015 Kev Measures: Actual Actual Estimated Proiected Average age of distribution mains 50.0 51.0 51.7 52.3 Water main breaks 18 26 24 28 Water service leaks 34 24 30 35 Water distributed-millions of gallons 1,387 1,400 1,380 1,380 Water sold-millions of gallons 1,351 1,350 1,330 1,380 Average meter age 21 20 20 19 Water quality complaints 18 8 5 5 Number of filter backwashes 420 410 400 390 Number of reclaim solids pump downs 46 45 45 50 Utility locate requests 2,228 2,020 2,100 2,200 Budaet Comments/lssues: • Other Services&Charges for the 2014 revised and 2015 budgets do not include depreciation. Rather than provide depreciation information, these budgets now provide the capital outlay scheduled for the year from the 2015 CIP. By presenting the numbers in this forrnat, the ending cash balance can be better projected for each budget year. • 2015 budget includes part-time administrative assistant forAMR program •2015 budget includes additional professional services related to source water activities. 47 162 CITY OF FRIDLEY 2015 ANNUAL BUDGET ENTERPRISE FUNDS Sanitary Sewer 2012 2013 2014 2014 2015 Revenues Actual Actual Budget Revised Budget Public Works Main't $ 350 $ - $ - $ _ $ _ Interest Earnings 15,240 11,124 15,000 15,000 20,000 Unrealized Gain/Loss (1,123) (21,935) - - _ Fixed Asset Gain/Loss 8,420 - - _ _ Sewer Sales 4,093,226 4,289,223 4,537,400 4,493,200 4,635,200 Sewer Flat Rate Sales 357,722 204,390 426,000 164,000 92,000 Connect/Reconnect Fees 762 1,260 500 500 500 Penalties/ForFeit Discount 94,580 73,320 53,000 83,600 53,000 Sewer Tapping 8�Misc Fees 2,614 4,607 1,500 1,500 1,500 Total Revenues $ 4,571,791 $ 4,561,989 $ 5,033,400 $ 4,757,800 $ 4,802,200 Expenditures Personnel $ 695,883 $ 724,656 $ 762,226 $ 763,700 $ 560,300 Supplies 73,623 49,814 60,652 60,700 60,700 Other Services/Charges 3,867,928 4,185,203 3,771,447 3,778,300 3,835,600 CapitalOutlay - - 635,000 745,000 415,000 Debt Service 16,000 14,854 44,300 44,300 43,400 Tota/Expenditures $ 4,653,434 $ 4,974,527 $ 5,273,625 $ 5,392,000 $ 4,915,000 Surplus(Deficiency)of Revenues over Expenditures $ (81,643) a (412,538) $ (240,225) a (634,200) $ (112,800) Ending Cash Balance $ 1,372,551 $ 1,534,291 $ 1,294,066 $ 900,091 $ 787,291 Number of Employees(FTEs) 5.00 5.00 5.00 5.00 3.11 Descrintion of Services: The Sewer Division provides for maintenance of trunk and collector sanitary sewer systems and sanitary sewer lift stations maintained by the City of Fridley. The division also pays for wastewater treatment based on the sanitary sewer flow from the entire City of Fridley. 2012 2013 2014 2015 Kev Measures: Actual Actual Estimated Proiected Sanitary sewer main backups 3 5 3 3 Sanitary sewer system cleaning-miles 84.9 80.0 90.0 90.0 Sanitary sewer lift station failures N/A 8 g g Sanitary sewer flow-millions of gallons 1,728 1,700 1,670 1,620 Televising inspection of sanitary sewers-miles N/A 3.5 4.3 4.8 Average age of sanitary sewer mains 47.23 47.95 48.63 49.25 Clay-tile pipe sanitary sewer mains(%of system) 83.9% 83.4% 82.8% g2.1% Budaet Comments/Issues: • Other Services&Charges for the 2014 revised and 2015 budgets do not include depreciation. Rather than provide depreciation information, these budgets now provide the capital outlay scheduled for the year from the 2015 CIP. By presenting the numbers in this format,the ending cash balance better able to be projected for each budget year. • Metropolitan Council Environmental Services(MCES)wastewater charges for 2015 will increase by 3.5%with expected increases in 2016 and 2017 of 5% per year. 48 163 CITY OF FRIDLEY 2015 ANNUAL BUDGET ENTERPRISE FUNDS Storm Water 2072 2013 2014 2014 2015 Revenues Actual Actual Budget Revised Budget Storm SewerCollection $ 539,692 $ 577,189 $ 583,700 $ 600,300 $ 1,021,500 Harris Pond Assessments 3,699 3,622 4,000 3,600 3,600 Storm Sewer Penalties 9,252 8,287 8,400 8,400 18,300 From County-Current 173 1,127 200 - - Interest Earnings 15,106 11,196 16,000 16,000 14,000 Unrealized Gain/Loss (579) (26,604) - - _ Direct to City-Principal 16,329 1,404 - 10,000 - Grants Proceeds - _ _ _ _ Other Reimbursements 700 1,000 - 319,000 50,000 Miscellaneous Revenue 1,862 - 250,000 - - Storm Sewer Misc Fees - 22,190 - - _ Total Revenues $ 586,234 $ 599,411 $ 862,300 $ 957,300 $ 1,107,400 Expenses Personnel $ 240,400 $ 245,200 $ 250,100 $ 250,100 $ 444,300 Supplies 2,880 7,618 8,700 8,500 11,300 Other Senrices/Charges 347,630 323,009 60,529 63,100 65,500 CapitalOutlay - - 590,000 1,025,100 460,000 Debt Service 12,013 11,210 30,838 30,800 35,200 Total Expenditures $ 602,923 $ 587,037 $ 940,167 $ 1,377,600 $ 1,016,300 Surplus(Deficiency)of Revenues over Expenses $ (16,689) $ 12,374 $ (77,867) $ (420,300) $ 91,100 Ending Cash Balance $ 1,330,684 ; 1,465,011 $ 1,387,144 $ 1,044,711 a 1,135,811 Number of Employees(FTEs) 0.00 0.00 0.00 0.00 4.89 Descriution of Services: The Storm Water division provides for maintenance of trunk and collector storm sewer systems maintained by the City of Fridley. The division also establishes and maintains improvements and programs provided to meet storm water quality goals of the City of Fridley. 2012 2013 2014 2015 Kev Measures: Actual Actual Estimated Proiected Street sweeping collected-cubic yards 1,552 2,000 2,000 2,000 Sediment collected from storm water treatment devices-cubic yards 20 80 200 250 OutFall inspections 21 25 30 30 Rain gardens constructed 3 10 10 12 Erosion control inspections 23 28 32 35 Enforcement actions and notices 15 15 20 15 Buds�et Comments/lssues: • Other Services&Charges for the 2014 revised and 2015 budgets do not include depreciation. Rather than provide depreciation information,these budgets now provide the capital outlay scheduled for the year from the 2015 CIP. By presenting the numbers in this format,the ending cash balance better able to be projected for each budget year. 49 164 CITY OF FRIDLEY 2015 ANNUAL BUDGET ENTERPRISE FUNDS Municipai Liquor (Fridley Market&Highway 65 Locations) 2012 2013 2014 2014 2015 Revenues Actual Actual Budget Revised Budget �Liquor Sales $ 1,593,184 $ 1,439,734 $ 1,761,753 $ 1,606,700 $ 1,852,200 Wine Sales 712,500 697,889 768,000 720,700 828,000 Beer Sales 2,244,359 2,061,160 2,730,000 2,460,000 2,812,000 Dep/RTNS/Cooperage 150 414 100 100 100 Miscetlaneous Sales 99,210 74,944 100,000 92,500 105,500 Cigarette Sales 51,589 31,470 39,900 33,500 25,500 Cigars/Chewing Tobacco 4,032 2,952 2,800 2,900 3,200 Interest Eamings 960 2,908 - - - Miscellaneous Revenue 499 74,892 100 12,000 3,200 Tota/Revenues $ 4,706,483 $ 4,386,363 $ 5,402,653 $ 4,928,400 $ 5,629,700 Expenditures Personnel $ 506,256 $ 511,617 $ 553,718 $ 579,400 $ 557,600 Supplies 7,546 14,331 22,400 24,400 23,600 Other Services/Charges 3,841,107 3,622,501 4,465,382 4,138>600 4,713,100 CapitalOutlay - - 50,000 - - Other Financing Uses 350,000 250,000 250,000 250,000 338,600 Total Expenditures $ 4,704,909 $ 4,398,449 $ 5,341,500 $ 4,992,400 $ 5,632,900 Surplus(Deficiency)of Revenues over Expenditures $ 1,574 $ (12,086) $ 61,153 $ (64,000) $ (3,200) Ending Cash Balance $ 501,583 $ 191,844 $ 252,997 a 127,844 $ 124,644 Number of Employees(FTEs) S.OQ 5.00 5.00 5.00 5.00 Descriqtion of Services: The Fridley Municipal Liquor Operations was established in 1949. The operations consist of two retaillocations with annual sales exceed$5 million. IVet proceeds are directed back to the City's General Fund to alleviate the property tax burden on its citizens and businesses. 2012 2013 2014 2015 Kev Measures: Actual Actual Estimated Proiected Total customers 248,540 218,650 263,000 288,000 Average sale price per customer $18.93 $19.50 $19.90 $19.47 Gross profit percentage 25.7% 27.0% 25.0% 24.0% Net profit percentage before transfers 18.0% 17.0% 16.0% 15.0% Budaet Commerits/lssues: • During the fa{1 of 2014,the operations embarked on a re-branding of the liquor stores. This included a new logo,uniforms as well as a new customer service standard. • Increase in temporary salaries are a result of our commitment to provide superior customer service at both of our store locations. . Fridley market has seen a great revitalization since major construction was completed in 2014. The 2015 budget reflects an anticipated 10%increase in sales at our Cub store location. •With the increase in competition from national liquor retailers, our gross profit reflects a 3%decrease in order to stay competitive within our trade area. 50 165 CITY OF FRIDLEY 2015 ANNUAL BUDGET STAFFING LEVELS-2014 8�2015 Full-Time Equivalents(FTEa) 2014 2014 2015 °k of Service Cat ory Budgetary Unit Budget Actual Budget Total Public Safety Police 50.6 51.6 52.60 Emergency Management - - 0.00 Fire' 6.0 7.6 8.00 Subtotal 56.6 59.2 60.60 42.6% Public Works: Municipal Center 1.6 0.6 1.55 Engineering 5.0 5.0 2.23 Park Maintenance 6.5 6.5 5.86 Street Maintenance 8.5 8.5 8.36 Garage Maintenance 4.0 4.0 3.78 Street Lighting 0.0 0.0 0.26 Water Utility 7.0 7.0 8.91 Sewer Utility 5.0 5.0 3.11 Storm Water Utility 0.0 0.0 4.89 Subtotal 37.6 36.6 38.95 27.4% Parks&Recreation: Recreation Department 5.0 5.5 5.50 Grant Management(Chores Prog.) 0.6 0.6 0.60 Springbrook Nature Center 3.5 3.5 3.50 Subtofal 9.1 9.6 9.60 6.7% Comm Development: Pfanning 4.2 4.2 4.20 Building Inspections 3.0 3.0 3.00 Rental Inspection 1.6 1.6 1.60 Solid Waste Abatement 1.0 1.0 0.75 HRA Assist. Executive Directo� 1.0 1.0 1.00 Subtotal 10.8 10.8 10.55 7.4°l0 General Government: Mayor&Ciry Council� 5.0 5.0 5.00 General Managemerrt 2.0 2.0 2.00 City Clerk 1 A 1.0 1,00 Human Resources 2.0 2.0 2.00 Cable TV 1.5 1.7 1.70 Accounting 6.5 6.5 6.50 Assessing 2.5 2.5 2.50 MIS 2.0 2.0 2.00 Municipal Liquor Store 5.0 5.0 5.00 Subtotal 22.5 22.7 22.70 15.9% TOTALS 136.6 138.9 142.40 1 U0.0°10 � 'Excludes paid on-call firefighters 2 HRA Assistant Executive Director is funded through the HRA tevy and not a part of the City's budget 3 Mayor and council members are excluded from FTE totals 4 Excludes election judges Positions by fund: General fund 112.0 114.1 112.94 79.3% Special Revenue Funds: Springbrook Nature Center 3.5 3.5 3.50 2.5°l0 Grant Management 0.6 0.6 0.60 0.4% Solid Waste Abatement 1.0 1.0 0.75 0.5% Cable N ' 1.5 1.7 1.70 1.2% Enterprise Funds: Water 7.0 7.0 8.91 6.3% Sewer 5.0 5.0 3.11 22% Storm Water - - 4.89 3.4% Liquor 5.0 5.0 5.00 3.5% Component Unit: �.{Rq 1.0 1.0 1.00 0.7°!0 Total 136.60 138.90 142.40 100.0% 51 166 CITY OF FRIDLEY 2015 ANNUAL BUDGET GENERALFUND CITY OF FRIDLEY 2015 Budget Calendar March 31 Capital Improvement Program(CIP)forms sent to departments. April 21 Departments submit capital requests to city manager. Week of April 28 City manager meets with departments to discuss CIP requests. May 12 Goals&Objectives Conference Meetings June 2 Operating budget worlc papers are made available to departments June 16 City council budget work session to discuss 2015-19 CIP, Enterprise Funds, and General Levy Weeks of July 7&14 City manager meets with departments to discuss big budget issues and key measures. July 11 Forecasts completed for compensation and benefits, revenue projections, utility costs,etc. Departments submit indicators and key measures. August 18 Budget work session to review preliminary levy and fina12015-19 CIP. August 22 Preliminary budget memo sent to city council. August 25 City council adopts preliminary levy, budget, CIP and annouces public budget meeting date. August 26 Budget instructions and targets provided to departments. September 15 Departments submit detailed budget requests. October 10 City manager sends proposed 2015 budget and revised 2014 budget to city council members. October 20 City council budget work session to discuss operational budget. Week of November 17 Anoka County sends parcel specific proposed tax estimates to taxpayers. December 8 City council holds public budget hearing. December 22 City council adopts finaf 2015 budget, 2015 tax levy and revised 2014 budget. December 29 Final 2015 levy certified to Anoka County. 52 167 � AGENDA ITEM r'� ��tt� CITY COUNCIL MEETING OF ° Fridley DECEMBER 8, 2014 To: Mayor and City Council From: Walter T. Wysopal, City Mana Date: December 5, 2014 Re: Public Hearing for Organized Residential Solid Waste Collection by Districts. Introduction Representatives of the City and of the five licensed residential refuse haulers concluded negotiations for organized residential refuse collection by district in the City of Fridley on November 10. Contemporaneously, the proposed agreement was made public; made available on the City's web site and upon request. This proposal represents the best efforts of the haulers and the City. The process followed state law, and as such, a public hearing must take place for purposes of gathering public comment on the proposal prior to formal Council action. Notice of this public hearing appeared in the City's official newspaper on November 21 in accordance with City Charter. No action is proposed for Council on December 8. Back$round and Analvsis On December 2, 2013, acting on a recommendation from the Environmental Quality and Energy Commission, the Fridley City Council initiated the process specified under State Statute M.S. 115A.94 for considering organized collection of residential solid waste. A total of 24 negotiation sessions were conducted. The haulers represented the interests of their business and City officials represented the interests of the City. The negotiations were conducted according to the Open Meeting Law and the Organized Hauling Statutes. Consequently, the meetings were private and not open to the public as the haulers were discussing issues that could be considered trade secrets. The negotiations were conducted in good faith and terms of fair play and equal representation guided the interests of all the parties. The tone at the meetings was positive, despite addressing difficult issues. And, behaviors always lead to productive outcomes. The negotiations toak 11 months because we desired to include the perspectives of five separate businesses. The Statute requires a negotiation period of 60 days and is seen as a minimum. But, the haulers and the City were more focused on desirable outcomes than an expeditious process. This overriding approach to the process served both sides well. As a result, there were no stoppages, delays or impasses to the process. There are no hold-out issues to the proposal that would need to be revisited. Both parties have agreed in principle to abide by the terms of the agreement should it be adopted by the City Council without renegotiation. In other words, the proposal is acceptable to both parties, 168 and the parties do not anticipate the need to return to the negotiation table. As such, both the City negotiations team and the haulers agree the proposal is ready for public consumption and debate and final disposition by the City Council. Public Outreach Efforts In addition to the official notice of the public hearing,the City took steps to reach out to the public on this issue. On Thursday,November 20, an informational open house was held by the City to present the proposed agreement to the public and address concerns related to it. Notice of the meeting appeared on the City's web site and in the Star Tribune newspaper. Approximately 30 people attended. Residents had the opportunity to heaz presentations and ask questions. Attendees were not asked if they supported or opposed the proposal, for that was not the purpose of the meeting. The opporiunity to ask questions was unfettered and no one registered a complaint that they could not get a question answered. Comment cards were available, and all in attendance were encouraged to make use of them. One was completed by a resident of the 5200 block of Pierce Street who indicated strong support for the proposal. Since the open house,the City received 5 emails and 4 telephone calls from residents with questions and comments about the proposal, for a total of 9 contacts. City staff did not ask for positions but they were offered freely. Of these contacts 5 were in favor of the proposal3 against and one just wanted more information. A reporter for the Fridley Sun-Focus was also on hand and published articles in the November 21 and 28 editions. Summarv of Proaosed Agreement • To begin March 1, to coincide with yard waste season. • Single family thru 3-plex aze under this plan: 7,002 units. No apartments, townhomes, commercial, industrial or manufactured home parks. • Residents receive the same services as they enjoy today with 30, 60, 90 carts plus yard waste and bulky item optional pickups. • Snowbird protection. • Handicapped—Valet service available at no additional cost. • 7-year term with ability to add years or re-open. • Haulers retain relationship with customers. - • Haulers do the billing. • Haulers take calls for special collection. • Haulers take requests for yard waste. • Haulers provide containers. � City gets accounts in arrears at 75 days for collection. � Delinquent accounts added to City utility collection andlor certification. • Late penalties and/or certification fees apply if utility bill is not paid. • Float is manageable since it is just delinquent accounts, estimated at<$90,000. • Residents would pay the same price for the same service level options. • Customer service standards would have to be followed, with excellent checks/balances. Haulers have a lot more than one account to lose if they perform badly. 169 • A115 haulers would retain their current customer base, but would condense their business into one zone of City. Each company's zone to be revealed after contract approval by Council (if so approved), after the public hearing. • Resident can opt out if they can prove they have alternative disposal option such as a business in Fridley which allows them to take their garbage to it legally. Results • Customer maintains relationship with a private company although not one of their direct � choosing. • Potential number of garbage trucks on City streets reduced from 11 to maximum of 3. • Expected useful life of City streets increased by 17.9%. • Cost of street wear and tear reduced by $4,173,455. • Same services continue. • Customer service standards enforced by resident and City. • Environmental improvements through reduction in noise, pollution and safety by reducing traffic congestion. • Code enforcement processes improved to prevent blight. • Average customer bill reduced by 17%. Common Questions How would the Citv ensure great customer service if residents can't fire the Hauler who get their zone? Customer service standards are spelled out in the Proposed Contract, which contains excellent checks and balances. Haulers have a lot more than one account to lose if they perform badly. It will cost them financially at minimum, and their whole zone and City contract in an extreme case, after due process is done. From the proposed Agreement: 11. Lipuidated Damage A. Notification. When the Hauler receives a complaint that an RDU was not serviced on their scheduled collection day and the complainant claims he or she had the waste set out by 6:30 a.m. on his or her scheduled collection day, the Hauler shall make every attempt to collect the MSW on the same day but no later than 6:00 p.m. the next business day. Similarly, if the City receives the complaint, City staff will contact the Hauler the same business day with the name, address and telephone number of the complainant. The Hauler is then required to collect the missed materials by 6:00 p.m. the following business day if they are notified by 4:30 p.m. on the scheduled collection day. (1) Isolated Missed Collection The penalty is Seventy-five Dollars ($75.00)per individual occurrence of an RDU missed collection not collected by 6:00 p.m. the next business day following the complaint, provided the Hauler cannot prove that the missed RDU address appeared on the Hauler's unacceptable or late set out list that collection day. 170 (2) Missing Entire Block The penalty will be Two Hundred fifty Dollars ($250) per each missed block incident. A missed block is defined as a block where residents from at least three households within two intersections of that block or cul-de-sac report that their MSW cart was set out before 6:30 a.m., the MSW was not picked up by 6:00 p.m. the next business day and the addresses did not appear on the driver's records of unacceptable late setouts from that collection day. (3) Failure to Complete a Majority (51%) of the Collection District The penalty shall be Seven Hundred fifty Dollars ($750)per incident of failure to complete a majority (51%or more) of collections within the Hauler's collection district on the scheduled collection day and not collected by 6:00 p.m. the next business day following the complaint, when the City did not, or does not retroactively, approve an extension of collection hours and the addresses did not appear on the driver's records of unacceptable late setouts from that collection day. (4) Failure to Initiate District-wide Collection The penalty shall be One Thousand Dollars ($1,000) per occurrence for failure to initiate collection of the Hauler's entire district on the scheduled collection day and not collected by 6:00 p.m. the next business day following the complaint. B. Exceptions. The Hauler shall be deemed not liable for damages where the Hauler's inability to perform waste collection service is the result of such conditions and circumstances set forth in Section 26. C. Remedv. Payment of liquated damages shall serve as full and complete remedy for missed Collection Services as set forth in Section 11 and no other action shall be taken by the City against Hauler unless such missed Collection Service incidents requiring payment of liquidated damages by Hauler to City constitute a Default as set forth in Section 1.H of this Agreement. In the event the incidents of missed Collection Services and required payment of liquidated damages constitute a Default as set forth in Section 1.H of this Agreement,the City may seek other remedies, including but not limited to termination of this Agreement. D. Penaltv for Non-Reportin�of Tonna�e, Items and Weights for Bu1k�Items Organics �when applicable� and Yard Waste. Reports for these items must be submitted by July 12 and January 12, following sufficient notice from the City, for the item collected (per each, by weight or cubic yard as appropriate) and recycled. The information is aggregated by the City Environmental Planner to satisfy State and Anoka County reporting requirements twice annually.Notice of this due date will be provided fifteen(15) days prior to reporting deadline. Penalties for non-reporting for Bulky Items and Yard Waste are $500 per episode for Hauler reports more than two weeks late. 171 How Would Billing and Making Pavments Work? Haulers do the billing just like it is now. City gets unpaid accounts in arrears at 75 days for collection. Delinquent accounts are added to City utility bills for collection and/or certification Late penalties and/or certification fees apply if utility bill is not paid. If m�provider chanQes, who are the 5 garbage haulers? Fridley has S licensed residential garbage haulers and they were part of the process that created the proposed contract during the last 12 months, which followed MN Statute 119A.94: • Ace Solid Waste - Established in 1955, a MN corporation, operates out of Ramsey, MN, owned by Waste Connections, Texas • Republic Services - Operate out of Blaine, MN, 2nd largest waste/recycling company in U.S.,headquarters in Phoenix, AZ • Waste Management of Minnesota- Operates out of Blaine; largest environmental services provider in North America • Walter's Recycling and Refuse - Operates out of Blaine, 2nd generation business, one of the 7 largest waste companies in MN • LePage & Sons Waste Solutions - Operates out of Bethel, MN, established in 2009, family owned business When will the Districts be distributed? Haulers will agree to a district if and when Council approves an agreement. Establishing the districts requires the haulers to make known their book of accounts. They requested this listing not be made public unless the proposal is approved by the City Council. During negotiations, City Staff accepted this request because the value of the proposal should not be subjected to which hauler residents of a particular district may or may not get. A115 haulers are deemed adequate. Therefore, haulers will decide on districts after an agreement is ratified. What were the Citv'spriorities and are they satisfied? • Roadway impacts and truck traffic reduction- YES • Asset protection and cost savings - YES • Reduce code enforcement issues - YES • Environmental improvements such as noise and pollution- YES • Safety on streets - YES • Many residents will find the price they pay for trash removal is improved up to 17%; however, since some people have received sweetheart deals, there could be some people whose costs increase. The number is thought to be few and unknown. Mostly YES • Consistency in charging and no hidden charges or surcharges are benefits—YES Procedural Considerations Depending on the desired course of action, the City Council has three options. Implementation of organized residential refuse hauling must follow the procedural requirements set forth in Minnesota Statute 115A. In creating this law the Minnesota Legislature desired a uniform process for implementation state wide. As a matter of law it trumps any local ordinances and local charter provisions including any provisions for referenda. 172 As a first option, Council may desire to implement the proposed agreements. If so, the City must enter into agreements with the haulers. This would be done by resolution. Then, the City Council must enact any ordinances required to implement organized hauling. As a second option, Council may reject the proposed agreements with the haulers. If so, it may choose to take no further action on organized hauling, thus leaving the method of residential garbage collection unchanged from its current state. As a third option, Council may reject the proposed agreements and create a committee to address organized hauling in the City of Fridley. This committee would be constituted by community members and would design a separate plan for organized hauling. Recommendation It is recommended the City Council open the public hearing to take comments on the proposal, and after sufficient time, close the hearing. It is further recommended Council set a date for taking formal action on the proposal. 173 . .� . _.� � 4 _.,,.o-w....��?:r-m°:�.fi:°8��: rx �t��:..e < .. City of Fridley and Residential license I Hauling Company . �. . �.t_ � _ � ��sx�..., � a: , _w �F, . Mixed Municipal Solid Waste Collection Tentative Agreement (12/03/14) �.��s��;��,��::�.��;��` ��.��«�,..«�.w�.�;,_�r,s:,v:��°� a ...x ...._...._�:, ,£3.....�.,:;.z�%.�ee�.:,c:�..�-°g�«.r�.�,��,;...�.as�,.., a ,-.�..r::_:%_ 174 FRIDLEY MIXED MUNICIPAL SOLID WASTE COLLECTION SERVICE AGREEMENT THIS AGREEMENT made and entered into this day of ,201_,by and between the City of Fridley, a municipal corporation in Anoka County,organized and existing under the laws of the State of Minnesota, herein referred to as"City"and [insert company name hereJ,a Minnesota corporation,herein referred to as "HAULER". STATEMENTS WHEREAS, pursuant to City Code,the City requires the weekly collection and disposal of Mixed Municipal Solid Waste from all,properties in the City of Fridley; and WHEREAS,the HAiJLER is engaged in the business of collecting and disposing of Mixed Municipal Solid Waste, Yard Waste and Bulky Items in the City of Fridley; and WHEREAS,the HAtJLER,if a signatory to this contract, is required to and does hold a Class I Residential License in the City of Fridley;and WHEREAS,the HAULER has agreed to adhere to the Standards and Descriptions of Service and the Definitions set forth in this document;and WHEREAS,pursuant to Minnesota statutes,the City is required to protect public health and safety,and in doing so, the City desires to replace the current subscription service system with a government managed collection system for the collection and disposal of Mixed Municipal Solid Waste;and WHEREAS,the City desires to hire the services of this HAULER,and HAIJLER desires to provide these services as outlined in this Agreement to the City in Residential Dwelling Units in single-unit through three-unit buildings; � NOW THEREFORE,IT IS AGREED BY AND BETWEEN THE PARTIES: 1. Definitions For purposes of this Agreement,the following terms are defined: A.Annliances. Appliances includes but is not lirnited to clothes washers and dryers,dishwashers,hot water heaters,heat pumps,furnaces,garbage disposals,trash compactors,conventional and microwave ovens,ranges and cook tops,air conditioners,humidifiers,dehumidifiers,refrigerators,and freezers,sometimes referred to as under a heading of White Goods. B.Bulkv Waste Items. These include Household Goods,White Goods and items listed in Attachment B.These items are not part ofthe basic Mixed Municipal Solid Waste collection and require a special pickup from HAULER due to their size or special processing requirements. C.Cathode-rav tube or"CRT". A vacuum tube or picture tube used to convert an electronic signal into a visual image. Electronic items that contain Cathode-ray tubes include televisions,computer monitors,and other video display devices,and are required by Minnesota Statutes Section 115A,1312 to be collected separately by a registered collector and processed separately from Mixed Municipal Solid Waste by a registered electronic . processor. D. C�The City of Fridley,a municipal corporation in Anoka County,organized and existing under the laws of the State of Minnesota. E. Collection Services. Collection Services are provided by private businesses who hold a Class I Residential License by the City,who are engaged in the collection and transportation of Mixed Municipal Solid Waste (garbage/refuse),Bulky Items and Yard Waste from Residential Dwelling Units 1-3. 2 175 F. Coun . T'he County of Anoka, State of Minnesota. G. Covered Electronic Device. Covered electronic device means computers,peripherals,facsimile machines, DVD players,video cassette recorders,and video display devices that are sold to a household by means of retail, wholesale, or electronic commerce. Pursuant to Minnesota Statutes Section 115A.1312, Subdivision 3,no person may operate as a collector of covered electronic devices from households unless that person has submitted a registration with the Minnesota Pollution Control Agency. Pursuant to Minnesota Statutes Section 115A.1312, Subdivision 4,no person may recycle video display devices generated by households unless that person has submitted a registration with the Minnesota Pollution Control Agency. H. Customer Char�e for Basic Service Comprised of hauling cost plus disposal cost for Mixed Municipal Solid Waste Service based on size of container,plus applicable taxes. I. Default. Default means any of the following events: � (1)Final revocation of any license of HAULER by any issuing goverrunental entity other than the City. (2)HAULER'S repeated failure to observe or perform any of its obtigations under this Agreement that is not corrected within ten(10)days after receipt by HAULER of written notice of such failure from the City. (3)Five(5)or more incidents of payment of liquidated damages for HAULER'S failure to provide Collection Services as set forth in Section I I.A.2.through Seetian 11.A.4 in any twelve(12)month period. (4)Ten(10)or more incidents of payment of liyuidated dam�ges for HAULER's failure to provide Collection Services as set forth in Section 1 I.A.1. pfthis Agreement in any twelve(12)month period. (5) Conviction of any crime pertaining to the Class I Residential license. (6) Non-reporting of any State-,County-or Ci#y-required MSW,Bulky item,Organics collected(as . applicable)or Yard Waste weights or material quantities,as required twice annually,by July 12 and January l 2. J. Day-Certain Gollection. Day-Certain Coliection is weekly MSW and Yard Waste Collection Services based on the recycling callection zones,approved by the City,as shown in Attachment C. This schedule requires that a Mixed Municipal Solid VVaste and Yard Waste(during the yard waste season)must be collected on the same day. K. Disposal•The proper placement of MSW pursuant to Minnesota Statutes and Anoka County Solid Waste Management Pl�n(Attachment F), L. Disnosal Facilitv.A waste facility permitted by the State of Minnesota that is designed or operated for the purpose of disposing of waste on or in the land,together with any appurtenant facilities needed to process waste for Disposal or transfer to anc�her waste facility. Waste facilities include but are not limited to transfer stations, processing facilities,and Disposal sites and facilities. M. Electronics. Includes any item that can be plugged into an electrical outlet or that has a CRT. N.Hauler. .a Minnesota and solid waste removal company licensed by the City of Fridley,Anoka County and the State of Minnesota O. Household Goods. Household Goods include but are not limited to carpeting and padding,mattresses,box springs,furniture,and other items used in a residence. P. Household Hazardous Waste. Includes but is not limited to: poisons, pesticides,herbicides,caustics,aerosol spray cans, ammunition and explosives,cleansers,paint,paint thinner, staining products,varnished,insect repellent spray cans,flammable or explosive materials,fluorescent light bulbs,radioactive materials, smoke 3 176 detectors,prescription drugs and harmful chemicals. Hazardous waste substances are as defined by the Minnesota Pollution Control Agency in Minnesota Statutes Section 115B.02 Subdivisions 8(13)and(15), Minnesota Statutes Section115.01,Subdivision 13,or Minnesota Statutes Section 116.06 Subdivision 4,and which require special handling and must be disposed of in a manner to protect the environment and public health and safety. Q.Mixed Municinal Solid Waste(MSVV�. Garbage,refuse, and other solid waste from residential activities which is generated and collected in aggregate,but does not include auto hulks,street sweepings,ash, construction debris,sludges,tree and yard wastes,tires, lead acid batteries,motor vehicle fluids and filters, and other materials collected,processed,and disposed of as separate waste streams as required by Minnesota State Statutes. R. Or�anics Collection. The segregation of food and organics waste,source separated(exclusive of yard waste) from Mixed Municipal Solid Waste which is processed at a State-approved facility. S. RDU 1-3.An RDU is a single Residential Dwelling Unit providing complete independent living facilities for one(1)or more persons including permanent provisions for living,sleeping,eating,cooking and sanitation, which includes but is not limited to provisions for plumbing. For purposes of this Agreement an RDU includes single,double(duplex)and triple(tri-plex)living unitresidential buildings in the City,exclusive of manufactured homes and townhomes. T. Recyclables. For the purposes of this Agreement, includes material that is separated from MS W post- collection for the purpose of recycling,including paper,glass,_pl�stics,and metals. U. Residential License I. A license iss�d to all mixed municipal solid waste removal companies who provide MSW,Yard Waste and Bulky Item pickup for City R,DUs 1-3 who pick up these items based on pre-negotiated zones and market share determined in 2014 through the procedures outlined in Minnesota Statute 115A.94. Haulers must continually fulfill the provisions,insurance and indemniftcation reyuirements of the Residential License I . No Reside�tial License I will be issued to a sfllid waste removal company that has not signed a Mixed Municipal Solid Waste Collection Agreement identical to this Agreement with the City. V. Unacceptable Waste. Unacceptable Waste is material that a Disposal Facility will not permit to be deposited in its facility. W. Valet-eligible RDU. This case by case service is determined by the City and Hauler and is intended for disabled individuals who have no able-bodied assistance. X.Valet Service.The optional service provided by the HAULER whereby the HAULER'S driver collects the MSW cart somewhere on the RDU property other than in the usual Collection Services location at the curb. Y. White Goods.Appliances and Covered Electronic Devices as defined in this Agreement. Z. Yard Waste. Garden wastes,'leaves, lawn cuttings,weeds,shrub and tree waste and prunings. 2. MSW Basic Service A. Description of Basic Service. (1) MSW Collection Service(Basic Service)shall include the weekly collection of MSW from RDUs by Hauler. Cart size is based on RDU selection and contracting for one of three available sizes and rates(see Attachment A).Refuse collected at RDUs in the City will be routed according to the schedule in Attachment D,and aligned to the Recycling Districts in Attachment C. Refuse shall be taken to an approved Disposal Facility in compliance with the Anoka Solid Waste Abatement Plan(Attachment E). Haulers shall follow all State of Minnesota Solid Waste statutes and licensing requirements. 4 177 Basic Service also includes RDU curbside collection of Christmas trees,which have had all lights and decorations removed.Christmas trees will be collected by Hauler during the first two weeks of January each year. Hauler shall deposit collected Christmas trees at a licensed compost site. (2) MSW basic collection service shall exclude the collection of: (a)Household Hazardous Wastes (b)Bulky Items,which are included through a separate collection and pricing process in Attachment B, and referenced in Section 5 of this Agreement. (c)Yard Waste,which is included through a separate collection and pricing process in Attachment A, Section 4 of this Agreement and is therefore not Basic Service. (d)Recyclables,which the City contracts for independently and are not part of this Agreement. (e)Animal waste or feces and solid waste materials resulting from industrial,business/commercial or agricultural operations. (�Earthen soil,fill,boulders,rock; large scale materials normally handled in construction operations; solids or dissolved material in domestic sewage;or other significant pollutants in waste water effluent or as dissolved in water. B. Carts.Hauler will purchase, own,provide,inventory,and distribute carts to each RDU in Fridley serviced by this Agreement. Each RDU shall be supplied carts of their choice in service pricing level, in clean working condition. Carts shall be easily identifiable,uniform and consistent in color and design and shall provide company name. Each cart shall be durable,watertight,impervious to insects and rodents,and shall have a close- fitting, fly-resistant lid.Carts shall be made available(per requests by residents)in three sizes: 30-gallon cart, 60-gallon cart or a 90-gallon cart,each of which must represent the minimum size capacity of the category. RDU residents will place carts at the curb and Hauler's driver shall replace the container in the same location but not in the public street. Hauler shall maintain suff'tcient cart inventory of the proper size and color to meet supply and demand needs for the entire term of the Agreement.Cart condition shall be evaluated annually by Hauler and carts which are cracked,d�naged,or which display a company name of a company that no longer holds a Class I Residential license with the City,shall be replaced at no charge to the City or resident under this Agreement. The City shall inform Hauler of any substandard cart complaints as they occur during the year. Hauler shall be required to correct a damaged cart problem within five(5)business days of receiving the complaint. C. Cart Location.Residents of RD�Js must place their cart at the curb for collection by 6:30 a.m.on their designated collection day to guarantee waste collection. Hauler will return cart to the same location as set-out by customer(weather dependent). D. Valet-Eli ig,ble RDU. HAULER shall offer walk-up service(door-side Collection Services)of Solid Waste for residents of an RDU who have no one in the household able to convey their cart to the curb,and rely on a walker or wheelchair or have significant mobility disabilities. E. Frequency. Each RDU shall have its refuse collected a minimum of once per week per the requirements of Fridley City Code. F. Procedures for Reiecting Materials. Unacceptable Waste that is left at a residence must be tagged by Hauler with an explanation of why the item could not be collected,including information of where to call or go online for appropriate Disposal or recycling information. i 3. Service Schedule Service by Hauler per designated zone(see Attachment D)will commence 5 178 A. Hours. Hauler shall perform weekly MSW Collection Services between the hours of 6:30 a.m. and 8:30 p.m., weekdays,except when an emergency exists,at which time Hauler shall notify the City Environmental Planner and City Public Works Department of such emergency.Communication shall occur promptly from the Hauler to the City so that this information can be posted on appropriate websites or sent out via other Social Media outlets. B. Collection Davs. Hauler shall provide Day-Certain Collection. Hauler must collect Mixed Municipal Solid Waste and Yard Waste according to the schedule used for existing recycling collection districts per the Residential Curbside Recycling Collection Map contained in Attachment C and the district assigned to the HAULER in Attachment D. When holidays fall on a weekday,the collection for each day of that week after the holiday shall be made one(1)day later. Hauier shall observe the following legal holidays on which their offices and operations may be closed. The observed legal holidays are: (1)New Year's Day (4)Labor Day (2)Memorial Day (5)Thanksgiving Day (3)Independence Day (6)Christmas Day Hauler may determine to take trucks off their routes based on prevailing unsafe road conditions for the safety of their employees and the community. Any service interruption or delay to the next day must be communicated with the City. 4. Yard Waste Collection Service A.Description of Service.Contractor must offer seasonal Yard Waste Service to each RDU in their allocated area/zone. Yard Waste Cdlection is an optional,seasonal service contracted for and billed by Hauler each year for the entire season and for which the customer pays the Hauler in advance. If someone moves,the paid yard waste service credit stays with the customer. The service includes the weekly pickup of yard waste from April 15-November 15(weather permitting)for those customers who have signed up for this optional Yard Waste Collection. Yard Waste must first be placed into the standard Yard Waste cart as provided with the service. Customers registered for seasonal Yard Waste cart collection service may also place overflow Yard Waste in up to 12 carnpostable bags and up to 12 bundles of brush at the curb for collection each week without incurring an additional fee. Bundles are limited to be no larger than 18(eighteen)inches in diameter by 4(four)feet in length. Yard Waste must meet the acceptable criteria of an agproved Campast Dispasal Facility. B.Yard Waste Carts, Customers who have registered for Yard Waste services with Hauler shall be provided a separate 90 gallon cart by Hauler,unless a smaller cart is specifically requested by a resident and the resident's service tteeds do not exceed the size of the smaller cart. Yard Waste carts are emptied weekly along with any additional compostable Yard Waste bags and bundles of brush from those RDUs subscribing to this seasonal service. C.Frequenc�rati�n of Seasan. Yard Waste shall be collected weekly on the same day as the Hauler's scheduled MSW Collection,from April 15`�'-November 15�',weather permitting. D. Disposal of Collected Material. Hauler may only deposit collected acceptable Yard Waste materials at facilities that compost all collected Yard Waste materials or follow current Yard Waste requirements in the Anoka County Solid Waste Management Plan(Attachment E). 5. Bulkv Items Collection Services Hauler will provide each RDU curbside collection of Bulky Waste items for a fee. This service is available for RDUs to dispose of items that do not fit into their refuse carts or which need special handling in the disposal thereof. Residential Dwelling Unit 1-3 owners or occupants may reyuest and pre-pay Hauler for this fee-based service using the rates in Attachment B. 6 179 Payments for collection of Bulky Waste items shall be made by RDU residents directly to the Hauler by credit card,prior to pickup of the items.Charges for collection and processing of additional items shall be billed by Hauler at the prices or rates per Attachment B. If a specific service or item is not listed on Attachment B, services and rates shall be negotiated and agreed to by Hauler and the resident prior to pickup.Collection times and other details will be handled by direct communication between Hauler and RDU residents. Bulky Waste items shall be conveyed, as appropriate for their type,by Hauler to an approved Disposal or recycling facility per Anoka County's Solid Waste Management Plan(Attachment E). The Hauler representative must make the effort to remove additional Bulky Waste items at the scheduled collection day or at a time and day mutually acceptable between RDU resident and Hauler, soon after the service has been contracted for between parties. Additional items at the curb,beyond the pre-paid amount will be tagged with a notice that the customer must contact the Hauler to pay for the additional items. If not contacted by the customer within a week�nd the waste remains at the curb the following collection day,the Hauler must notify the City regarding the waste at the curb which will generate a code violation.City will proceed with normal code enforcement procedures to get waste removed. 6. Education The City will create Solid Waste reduction educational information on its website and distribute this information through social media and newsletters to neighborhoods and RDUs, encouraging compliance with State waste management laws and the Anoka County Solid Waste Management Plan. 7. Administration A.Certified Pickuns. HAiILER shall provide waste collection services to each RDU certified by the City as a qualifying customer account in thsir designated zone.T`he City will provide the RDU database with PIN numbers and a GIS Zone Locator map(Attachment D)to Hauler.This map will become the Geographic Area of Hauler. Changes in RDUs in Haul�r geographic area,unless in a major redevelopment area will be noted on the RDU database but will not trigger re-districting. In the event that a RDU has been certified for Collection Service, and the Hauler wishes to discontinue such service at such RDU,the City must approve any discontinuation of service. B.RDU Bi11in�.HAIJLER shall be responsible for billing and administrative functions related to billing of RDUs for MSW collection.Billing cycles will be uniform,matching a calendar year cycle of 3 months in le�gth(quarterly)based on the fo�lowing timetable:January 1-March 31;April 1-June 30;July 1- September 30; October 1-December 31 each year. Those accounts which do not pay according to specified deadlines will not be charged late fees by Hauler. Hauler shall be responsible for reconciling and pro-rating the quarterly charges when accounts change mid-quarter. If City Utility Billing Department is contacted for water service set-up or change of service, City wil]provide resident with Hauler contact information. If a home is demolished or one is added to a zone or if City is perma�ently removing someone from garbage service,the City will contact Hauler with subtractions and additions to customer quantities. City and Hauler will pravide cooperative best efforts for reconciling and tracking the number of active RDUs in Hauler's zone. Accounts in arreazs over 75 days after the invoice due date will transfer to the City for collection, processing and, if necessary,special assessment,using standard City procedures through Utility Billing. These accounts will be transferred by Hauler to the City after Hauler's proven due diligence in collection during the previous 75 days has concluded. This procedure shall consist of a minimum of a second written notice and attempt to call.The delinquent account information will be sent via approved tracking form(Attachment H)to the City Utility Department. The tracking form states that the Hauler followed this due process,and uses the properiy PIN#for RDU identification,provides any known collection contact information and other key information about the account's status.Hauler's next billing to the 7 , 180 RDU after the delinquency and 75 day due diligence to collect period,must clearly state that past due amounts have been turned over to City for collection through the utility billing process. Hauler shall submit quarterly list of unpaid delinquent accounts on the first week of the month for the current quarter of unpaid delinquent accounts aged seventy-five(75)days. Invoices will be paid by City pursuant to State Statute. Twice annually, City and Hauler will certify the RDU accounts in the Hauler's zone for the purpose of reconciliation.Hauler will pay all applicable taxes due on the delinquent account,which will subsequently be reimbursed by the City. � (1)Changes in Account Status. The City Utility Department shall notify Hauler of any changes to the number of accounts monthly(e.g. new houses constructed or vacant dwellings)in the RDU 1-3 area. (2)Yard Waste Billing and Collection. Hauler shall collect pre-payments for the optional Yard Waste seasonal service once annually or through pro-ration as service is requested. (3)Bulky Waste Billing and Collection. Hauler shall accept only pre-payments for Bulky Item curbside special collections from RDUs.These rates are contained in Attachment B. If the item is not on Attachment B, Hauler and RDU resident will agree upon an amount for the Bulky Waste item disposaL C. Service Removal or Sus enp sion•Notification of account changes need to be exchanged between City Finance staff and Hauler.Examples of this service removal may be: (1)Property owners of RDUs may register with the Hauler to be temporarily removed from the MSW collections if they complete and execu#e a form,committing that their property will be vacant for a time period of a month or more. Hauler shall nat bill the RDU or City for these suspended service accounts of one month or more.A list of suspended services will be provided to City on a quarterly basis (Attachment H). (2)If a property owner states in writing on an exeauted service disruption form and proves via a waste collection receipt that they have adequate waste collection services at another property the City may allow the property owner to opt out of service at their RDU property in Fridley. The City shall notify Hauler of any such opt-out registrations as they occur. D,Reporting and Account,Audit. Requirements for reporting from the various services collected are detailed in Attachment E.The Hauler or City may request specific billing information or actual service informatian(through physical site inspection)on any RDU. E, Street Improvements.The City reserves the right to improve any street or alley which may prevent Hauler from traveling its accustomed route ar routes for collection within reason.No additional compensation shall be made for interference. A map of planned areas of street re-surfacing shall be provided to Hauler annually by the City. F.Service Delavs.Notification of delayed collections,except for scheduled holiday delays, is the responsibility of Hauler to residents in their zone. Hauler shall notify the City immediately of any such delay. If notification is given to the City before 3:OOpm on a weekday,the City shall place the service delay notice on the City website. G.Annual Meetin�.The CiTy and Hauler representatives shall meet and confer at least annually,but no more than quarterly to review customer service issues,improve efficiency, coordinate educational activities,reconcile Valet/walkup services and changes in cart sizes or service levels,and discuss waste reduction strategies. 8 181 H. License. Hauler must obtain and maintain a Residential Class I license from the City. HAULER shall obtain all other County, State or Federal licenses or permits required to transact the MSW,Yard Waste and Bulky Item collection business requirements of this Agreement. If Hauler is in Default under the terms of this Agreement, its license shall be revoked after specified due process and this Agreement shall be terminated pursuant to Section 9.City shall not amend the City Code during the term of this Agreement in any way that prohibits,frustrates or makes its economically prohibitive for Hauler to maintain its Class I license,unless required by State or County law or mandate. I. Contract Audit. Both parties may request an audit of records where a lack of agreement about customer service levels exists. 8. Term of Agreement A. Seven(7)years.This Agreement shall be in full force and effect for the period beginning , 2015 and ending ,202_. B. Renewal.At the conclusion of the initial seven year term,the parties may renew this Agreement for an additional term,upon the parties' mutual Agreement as to terms for said renewal.Negotiations for said renewal term shall begin by ,202 . The Agreement in force will continue if negotiations extend for up to 45 days past the termination date. C.Agreement Amendment. Prior to the expiration of this Agreement, or any renewal term thereof,the Parties shall agree to meet,discuss and negotiate or re-open the Agreement for special circumstances such as legislation from the state or county which mandates a change in service levels for yard waste,bulky item pickups or changes the compositior�of the MSW contents in a cart. An example of this would be the separation and collection of Organic Waste. D. Default impacts to other Hauler's Market Share and Residential License I licensees. If the City terminates this Agreement due to Hauler's Default under this Ageement, its market share as set forth in in Attachment D shall be distributed equally to the other Class I Residential licensees, who are subject to the identical provisions in their own respective organized collection agreements with the City,which are identical to this Agreement. 9. Terr�ination A.Termination for License-Related Default. ln the event of Default described in Section 1.H.1,the City may itnmediately and without notice terminate this Agreement. B.Termination for Other Default. In the event of Default described in Section 1.H.2 through 1.H.5.,the City may terminate this Agreement upon a minimum of fifteen(15)days' written notice provided by the City to Hauler as`set forth in Section 25.Hauler may bill residents only for services provided through the date of termination. City shall pay delinquent accounts to Hauler through the date of termination. 10. Pricin$ A.Collection Service.This Agreement supersedes and replaces any MSW,Yard Waste and Bulky Item contracts or service agreements that exist between HAULER and their current Fridley customers. (1)The price for MSW Collection shall consist of charges for MSW Basic Service.Hauler shall charge the refuse rates in Attachment A,without additional fees. Rates in Attachment A are based upon the cart size and quantity provided the customer in the Hauler's collection zone,hauling and disposal costs. RDUs with more than one MSW cart shall be charged the RDU Price for each refuse cart of each size. (2) Yard waste service is optional for RDU residents and is billed annually for an entire yard waste season. It is based on the rates in Attachment A and includes a factor for Composting Drop-off Fees. 9 182 Mid-season sign-ups are not pro-rated and the service does not stay with the property if a resident moves out mid-season, any applicable credits stay with the individual customer. Increases are tied to the CPI-U. (3)Bulky Item pickup and other optional Special Services shall be pre-billed and pre-paid,according to the price structure in Attachment B,by the Hauler to the customer directly. Items not on list will be negotiated between Hauler and Resident directly. B.Disposal Fees. The pricing outlined in Attachment A is based on a fee formula of weight and end destination costs for MSW disposal as outlined in the table in Attachment G. Hauler is responsible for all disposal costs and charging,collecting and remitting all appropriate taxes and for following Anoka County Solid Waste Management Disposal guidelines pursuant to Attachment F. C.Taxes and Government Fees.Hauler is responsible for collecting and remitting taxes and government fees imposed on the collection and disposal of MSW,Bulky Item collection and Yard Waste Collection. If new local,state or federal law or taxes on the collection or disposal of MSW,Yard Waste or Organic Waste Collection are enacted or if existing rates change,to either increase or decrease Hauler's cost of services provided under the terms of this Agreement, rates shall be adjusted upon two(2)weeks advance written notice to the City along with documentation establishing said increase or decrease. 11. Liquidated Damaee A.Notification. When the Hauler receives a complaint that an RDU was not serviced on their scheduled collection day and the complainant claims he or she had the waste set out by 6:30 a.m. on his or her scheduled collection day,the Hauler shall make every attempt to collect the MSW on the same day but no later than 6:00 p.m.the next business day. Similarly, if the City receives the complaint,City staff will contact the Hauler the same business day with the name,address and telephone number of the complainant. The Hauler is then required to collect the missed materials by 6:00 p.m.the following business day if they are notified by 4:30 p.m. on the scheduled collection day. (1)Isolated Missed Collection The penalty is Seventy-five Dollars($75.00)per individual occurrence of an RDU missed collection not collected by 6:00 p.m.the next business day following the complaint,provided theHauler cannot prove that the missed RDU address appeared on the Hauler's unacceptable or late set out list that collection day. (2)Missing Entire Block The penalty will be Two Hundred fifty Dollars($250)per each missed block incident. A missed block is defrned as a block where residents from at least three households within two intersections of that block or cul-de-sac report that their MSW cart was set out before 6:30 a.m.,the MSW was not picked up by 6:00 p.m. the next business day and the addresses did not appeaz on the driver's records of unacceptable late setouts from that collection day. (3)Failure to Complete a Majority(51%)of the Collection District The penalty shall be Seven Hundred fifty Dollars($750)per incident of failure to complete a majority (51% or more) of collections within the Hauler's collection district on the scheduled collection day and not collected by 6:00 p.m. the next business day following the complaint, when the City did not, or does not retroactively, approve an extension of collection hours and the addresses did not appear on the driver's records of unacceptable late setouts from that collection day. 10 183 (4)Failure to Initiate District-wide Collection The penalty shall be One Thousand Dollars($1,000)per occurrence for failure to initiate collection of the Hauler's entire district on the scheduled collection day and not collected by 6:00 p.m. the next business day following the complaint. B. Exce tions.The Hauler shall be deemed not liable for damages where the Hauler's inability to perform waste collection service is the result of such conditions and circumstances set forth in Section 26. C. Remedv. Payment of liquated damages shall serve as full and complete remedy for missed Collection Services as set forth in Section 11 and no other action shall be taken by the City against Hauler unless such missed Collection Service incidents requiring payment of liyuidated damages by Hauler to City constitute a Default as set forth in Section 1.H of this Agreement. In the event the incidents of missed Collection Services and recjuired payment of liquidated dam�ges constitute a Default as set forth in Section 1.H of this Agreement,the City may seek other remedies, including but not limited to termination of this Agreement. D.Penalty for Non-Reportin�of Tonna e,g I�an�Wei�hts for Bul�cv Items,Organics(when a�plicable)and Yard Waste.Reports for these items must be submitted by July 12 and January 12, following sufficient notice from the City,for the item collected(per each,by weight or cubic yard as appropriate)and reycled.The information is aggregated by the City Environmental Planner to satisfy State and Anoka County reporting requirements twice annually.Notice of this due date will be provided fifteen(15)days prior to reporting deadline. Penalties for non-reporting for Bulky Items and Yard Waste are$500 per episode for Hauler reports more than two weeks late. 12. Insurance A. Workers' Compensation.Hauler must maintain Workers' Compensation insurance in compliance with all applicable statues.'The policy shall also provide Em�loyer's Liability coverage with limits of not less than$500,000 Bodily Injury each accident, $500,000 Bodily Injury by disease,policy limit,and$500,000 Bodily Injury by disease,each employee. B. General Liabilitv. Hauler must maintain occurrence form comprehensive general liability coverage. Such coverage shall include,but not be limited to,bodily injury, Property damage—broad form,and personal injury,for the hazards of Premises/Operation,broad form contractual liability, independent contractors,and produats/completed operations. Hauler must maintain aforementioned comprehensive general liability coverage with limits of liability not less than$1,000,000 each occurrence;$1,000,000 personal and advertising injury;$2,000,000 general aggregate, and$2,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverages. . C.Automobile Liabilitv. Hauler must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of$1,000,000 per accident. The liability limits may be afforded under the Commercial Policy,or in combination with an Umbrella or Excess Liability Policy provided coverages afforded by the Umbrella Excess Policy are no less than the underlying Commercial Auto Liability coverage. Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use,maintenance or operation of all owned,non-owned and hired automobiles. The Commercial Automobile Policy shall include at least statutory personal injury protection,uninsured motorists and underinsured motorists' coverages. 13.Indeaendent Contractor 11 184 A. Sup�ly Labor,Material,and Eau�ment. Nothing contained within the Agreement shall serve to create a joint venture between Hauler and the City. It is expressly understood by the parties that Hauler is an independent contractor and shall not be considered an employee of the City. Hauler shall have control over the manner in which the services are performed under this Agreement. Hauler shall supply, at its own expense,all materials,supplies,equipment and tools required to accomplish the services contemplated by this Agreement. Neither Hauler nor its employees shall be entitled to any benefits from the City, including,without limitation, insurance benefits, sick and vacation leave,workers' compensation benefits,unemployment compensation,disability, severance pay or retirement benefits. B, Vehicles.All trucks or motor vehicles used by Hauler in the performance of this Agreement shall comply with the following requirements: (l) Each vehicle used by the licensee in the City of Fridley,shall have the name of the licensee clearly printed on both sides. Said lettering shall be at least three(3)inches in height and the color of the lettering and of the background shall be contrasting. (2) Each vehicle used to haul Mixed Municipal Solid Waste in the City of Fridley shall be licensed by the regional waste authority and such license shall be maintained for the entire term of the City license.All vehicles used by the collector in the City must comply with all applicable State and Federal regulations. (3) Each vehicle used for hauling MSW must have a tight cover that is operated and maintained as to prevent offensive odors or spillage.The loading space of every solid waste shall be leak proof. Every vehicle shall be equipped with the necessary tools and equipment for cleaning up spills. (4) Every vehicle used for hauling shall be kept well painted,clean,free of persistent odors,and in good repair. (5) MSW shall be loaded so that no materials can jar loose and fall to the ground or street when the vehicle is in mvtion. MSW shall be so secured that they cannot be displaced by the wind or fall out of the vehicle.Anything that dces fall from tt�e truck shall be immediately cleaned up by the driver. (6) No person shali at any tinne park or store any MSW collection vehicle on any premises zoned residential,within one hundred(100)feet of any aforementioned premises,or within two hundred (200)feet of any food establisttment,for purpose other than,or for periods inconsistent with, providing MSW collection at said premises. No person shall at any time park or store any loaded or partially loaded MSW collection vehicle on any premises within the City,except for the purpose of and for periods consister�t with,providing MSW collection at that parcel of property. C.No Claims.Hauler agrees to pay all persons doing work or furnishing skill,tools,machinery,or materials or insurance premiu�ns or equipment or supplies and al)just claims for such work,material, equipment,insurance,and supplies in and about the performance of this Agreement. Hauler shall indemnify,defend and hold the City harmless from such claims pursuant to Section 22. 14. Personnel Standards A. Responsibility (1)Hauler shall maintain sufficient trained and licensed personnel to fulfill the requirements of this Agreement. (2)Each Hauler staff inember shall adhere to all applicable ordinances of the City and State,and all of those rules,regulations,and conditions for collection. (3)The driver and collector(s)shall at all times have a courteous attitude toward the general public. A consistently high level of customer service is required. 12 185 (4)Any litter resulting from the collection of customer waste shall be picked up by Hauler staff on the same collection day it is caused or reported by the City. (5)All carts shall be returned upon emptying to the location customer placed the cart for collection, avoiding placement in the drive area of the street or alley. (6)Gratuities shall not be solicited by Hauler employees. 15. Safe Hauler shall provide and maintain safety accommodations for their Employees and also follow sanitation facility regulations as set forth in Minnesota Statute 182 and in the Department of Labor and Industry's Labor Safety Code(LISC 73-75). 16.Citv and HAULER Point of Contact All services to be performed for the City by Hauler pursuant to tt�e terms of this Agreement shall be coordinated through the City's designated point of contact. Collection questions will go to the City Finance Department and Recycling and Yard Waste reparting questions and reports will go to the City Environmental Planner. Both the City and Hauler shall designate a key contact person that each party may rely upon for addressing customer service issues and RDU service verification. 17. Title Title to all refuse,rubbish and Recyclables collected shall remain vested in Hauler until delivered to a contractually-approved Disposal Facility. At no time shall the City take title to the collected material or pay for Disposal costs of same. Hauler shall not take title to toxic and hazardous waste, Household Hazardous or Unacceptable Waste,title to which shall remain with its generator. Hauler employees shall have the right to reject any waste corttaining any toxic and hazardous waste,Household Hazardous Waste or Unacceptable Waste at any time;and this right should not be limited by time. Such material will be labeled with the reason it is not collected. 18. Subcontracting or A,ssignme�t�f A�reern�at A.No assigrunent of this Agreernent by Hauler sl�ll be permitted,nor shall the delegation of Hauler's obligation hereunder to another be permitted, without the express prior written consent of the City. Hauler shall be held responsible for full and faithful performance of this Agreement. B.Hauler Changes.Notwithstanding the provisions in Section 18A,without the prior written consent of the City, Hauler may assign this Agreement to a party that is purchasing or otherwise acquiring Hauler's assets or stock,provided tYiat,as a part of the purchase or acquisition,the purchasing or acquiring party shall be subject to this Agreement as if a signatory hereto. Within twenty-four(24)hours of acquisition of HAULER,by purchase or otherwise,Hauler shall notify the City of said purchase or acquisition and provide the City with contract information for the new party. 19. Non-Discrimination.This Agreement may be terminated by the City and all money due or to become due hereunder may be forfeited for Hauler's violation of Minn. Stat. Section ]81.59. 20. Health Re�ulations and Ordinances Hauler shall acquaint itself with all pertinent City Code and shall comply with all health regulations and ordinances of the City,Anoka County and the State of Minnesota in effect at this time or hereafter adopted. 21. Disaute Resolution The City and Hauler shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled. The parties agree to act in good faith to undertake resolution of disputes in an equitable and timely manner and in accordance with the provisions of this Agreement. Except for events 13 186 of Default set forth and described in section 1.H.1 through 1.H.6,for any other dispute that cannot be resolved informally by the parties,the following procedures shall be used: The City and Hauler shall submit the conflict to nonbinding mediation. The parties shall agree upon a mediator or if they cannot agree,shall obtain a list of court-approved mediators from the Anoka County District Court Administrator and select a mediator by alternatively striking names until one remains. The City shall strike the first name followed by Hauler and shall continue in that order until one name remains. The parties shall equally share the cost of the mediator but shall be responsible for their own attorneys' fees. Upon conclusion of the parties' mediation, if the dispute is not resolved within 30 days,the parties may commence an action in Anoka County District Court or seek any other legal remedy to the conflict or dispute. Despite parties' dispute,the parties shall continue to perform their obligations pursuant to the Agreement. 22. Liabilitv and Indemnitv A. Liability.The City does not waive any claims or c�uses of action against Hauler or anyone for whom Hauler may be legally liable,or for any claims for delay or additional compensation against Hauler. City and Hauler agree that there shall not be a cap on the total liability of Hauler for any injuries,claims, losses,expenses,or damages arising out of ar in any way related to the Agreement, including any cap related to a set amount or stated insurance limits. The City does not waive its right to claim consequential,incidental, indirect,special or punitive damages,or to bring any action against an individual employee of Hauler. Claims brought as an additional insured shall not be limited to losses payable to City by Hauler. Hauler's liability and damages to the City shall not be capped or limited in any manner,including limitations for any specific amount,the amount of any applicable insurance policy, or any other limitation. B. Indemnity.Tl�e parties agree to indemnify,defend and hold the other,its agents,contractors, subc�tractors,officials,employees,attorneys,boards,Councils,agents,volunteers and representatives harmless against and in respect of any and all claims,demands,actions,suits,proceedings,losses,costs, expenses,obligations,liabilities,damages,recoveries,and deficiencies,including interest,penalties and reasonable attomeys' fees,that the party incurs or suffers,which arise out of,result from or relate to this Agreement. Hauler's indemnification obligation to the City for any City liability to third parties shall be capped at the City's maximum li�bility limits set forth in Minnesota Statutes Chapter 466,exclusive of the City's reasonable attorneys' fees and related litigation expenses. Such reasonable attorneys' fees and related litigation expenses sha11 not be subject to said cap and Hauler shall indemnify the City for those fees and expenses in addition to its indemnification obligation for any City liability to third parties. In no event shall a party be responsible to indemnify the other party for any claims,demands,actions,suits,proceedings,losses, costs,expenses,obligations,liabilities,damages,recoveries and deficiencies,including interest,penalties and reasonable attomeys' fees,that are incurred due to the gross negligence or intentional misconduct of the other party.The parties further agree that this indemnity obligation shall survive the completion or termination of this Agreement. C.Governmental Immunity. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses,statutory or otherwise. Further,any and all claims brought against the City shall be subject the maacimum liability limits provided in Minnesota Statutes Section 466.04 subdivision 1. 14 187 23. Disaosal Fines and Penalties. Hauler is solely responsible for all fines and penalties imposed by any governmental agency relating to the hauling or Disposal of MSW,B�lky Items or Yard Waste,and it shall indemnify,defend and hold the City harmless therefrom pursuant to Section 24. 24.Governine Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Minnesota. All proceedings related to this Agreement shall be venued in the State of Minnesota,Anoka County District Court. 25. Notice Except as otherwise herein provided,all notices required to be served by either party on the other shall be in writing and forwarded by postage prepaid,certified mail,as follows: If to the City of Fridley,: City of Fridley Attn: City Clerk 6431 University Ave.NE Fridley,Minnesota 55432-4384 If to HAULER: 1'�er#��'e;s��`"��i� All notices shall be effective when received or within three(3)days of mailing. 26. Force Maieure Neither City nor Hauler shall be considered in default in perforcnance of its obligations under this Agreement if performance of such obligations is prevented or delayed by acts of God, natural or man- made disaster, civil unrest, terrorism, war, pandemic, or any similar unforeseen event, or other events beyond the reasonable control of the party. Tim�of performance of either party's obligations under this Agreement shall be extended by the time period reasonably necessary to overcome the effects of such occurrences, provided, however, that once the p�rties have mutually agreed that such occurrences or conditions have been alleviated or eliminated exist to permit performance of their duties, the non- perforrning party or parties, whichever the case may be, shall have five (5) days (excluding Saturdays, Sundays,and holidays)to perform such duties. Tn the event the HAULER fails to perform within the five (5) business days, Hauler shall be subject to all damage claims, including but not limited to those identified in Section 11 of this Agreement. 27. Severabilitv All parts and provisions of this Agreement are severable. If any part or provision of this Agreement shall be held invalid,the remainder af this Agreement shall remain in effect. 28. Data Practices This Agreement is subject to the Minnesota Government Data Practices Act(Minnesota Statutes,Chapter 13). All government data,as defined in the Act,Minn. Statutes, Section 13.02 Subdivision 7,which is created,collected,received,stored,used,maintained, or disseminated by Hauler during its performance of this Ageement is subject to the requirements of the Data Practices Act. 29.Contingencv of AEreement. This Agreement is contingent upon the execution of the Agreements executed by all of the holders of Residential I Licenses and shall be in full force only upon the contemporaneous Agreements of the following companies besides Hauler: [INSERT LIST OF OTHER FOUR HAULERS HERE] 15 188 30.Entire A�reement The Agreement with Attachments A through H incorporated herein by reference and made part of this Agreement as if fully set forth herein represent the entire the Agreement between the parties.No modification of this Agreement shall be valid or effective,unless made in writing and signed by the parties hereto. IN WI7'NESS WHEREOF,the parties hereto have set their hands on this day of , 201_. CITY OF FRIDLEY,A MINNESOTA MUNICIPAL CORPORATION By: Scott Lund,Mayor,City of Fridley By: Walter T. Wysopal,City Manager,City of Fridley COMPANY NAME HERE By: HAULER 16 189 Attachment A CART AND YARD MSW DISPOSAL PRICING 1.Customer Char�es for MSW Base Rate. The Hauler agrees to charge customers in their district according to the schedule which follows. There shall be no deviations from these rates. Rates shall be based on the size and quantity of refuse containers selected by the customer;the three sizes are as below: small (minimum of 30 gallon capacity), medium(minimum of 60 gallon capacity)and large(minimum of 90 gallon capacity). These charges are based on Hauling Rate plus Disposal Rate and applicable state,county and local taxes.No other fees related to the base rate charge for collection may be added by the Hauler(e.g. fuel surcharge). The customer rate per month is effective March 1,2015 and for the ensuing twelve(12)months: a. Small $14.32 b. Medium $17.45 c. Large $19.13 . 2.Adiustine MSW Disaosal Rates Rates may be adjusted based on CPI-U,tipping fee changes,or tax or fee changes,for the term of the agreement or any extensions. Rate adjustments sha11 be consistent with the effective date of those adjustments.The total disposal rate charged customers in RDUs 1-3 is based on the following components: Hauling Cost and Disposal Cost. A. Hauling Cost may be adjusted using a base hauling rate of$11.44 for small;$11.91 for medium;and$12.41 for large containers.These rates shall be multiplied by the CPI-U for all urban consumers in the Minneapolis-St. Paul Metropolitan area as defined by the BLS for the previous 12-month period and added to the base hauling rates. The product shall become the new base rate for the next year.The infarmation may be found on: http://www.bls.gov!ro5!cpimpls.htm B. Disposal Costs may be adjusted up or down depending on the net charges imposed by Great River Energy to the Hauler for disposal. If GRE is no longer available,and there is a new disposal location approved by Anoka County, it will be used for Disposal Costs. Adjustments are made as rate changes occur. The base tipging fee in 2015 shall be $64.00 per ton or $0.032 per pound from GRE. The disposal cost may be adjusted using a base disposal rate of$2.88 for small;$5.54 medium and$6.72 for large c�rts.The new disposal rates are determined by adding the tipping fee per pound to base rates.The sum of the numbers shall become the disposal rate component for next year. The Rate to customer is the new hauling rate adjusted for the CPI added to the new disposal rate modified by GRE or Anoka County-approved alternate location if GRE is no longer a viable option. Each year,after the Annuai Meeting,the new rate will be inserted into the rate table. C. In the event that RDUs repeatedly exceed capacity of MSW cart size by the habitual setting-out of additional MSW bags,Hauler's driver shall utilize a route sheet to record such instances for the purposes of billing RDU for extra bags. Repeated use of bags of MSW outside of cart will be billed to RDUs at the rate of$4.00/bag on the next itemized quarterly invoice. 3. Yard Waste Charges, Base Rate. The Hauler agrees to charge customers in their district according to the schedule which follows. There shall be no deviations from these rates. All rates subject to appropriate tax and will be adjusted annually. No other fees related to the basic yard waste collection may be charged to the customer by the Hauler. These rates shall be multiplied by the CPI-U for all urban consumers in the Minneapolis-St. Paul Metropolitan area as defined by the BLS for the previous 12-month period and added to the base hauling rates.The product shall become the new base rate for the next year. The information may be found on: http://www.bls.�ov/ro5;cpimpls.htm . 17 190 Attachment A: Fridlev MSW Haulina and Yard Waste Rates Additional Yard MSW Basic Price of Basic MSW bags, Waste Yard Waste add'1 Year Service Service per surcharge Price per 12 bags and/or 12 month er ba season bundles March 1, 30 gal cart $14.32 $4.00 N/C 2015 60 al cart $17.45 $4.00 t6rough 90 gal cart $19.13 $4.00 $80.00 Feb.29, 2016 30 gal cart $MSW 54.00 N/C disposal rate March 1, +CPI-U 2016 60 gal cart $MSW $4.90 $g0.00+ through disposal rate CPI-U Feb.28, +CPI-U 2017 90 gal cart $MSW $4.00 disposal rate +CPI-U 30 gal cart $MSW $4.00 N/C disposal rate March 1, +CPI-U 2017 60 gal cart $MSW �.� Previous through disposal rate year's Feb.28, +CPI-U rate+ 2018 90 gal cart $hqSW $4.�p CPI-U disposal rate +CPI-U Marchl, 30 gal cart $MSW $4.00 N/C 2018 disposal rate through +CPI-U Previous Feb.28, 60 gal cart $MSW $4.00 year's 2019 dis�osal rate rate+ +CPT-U CPI-U 90�ai cart $MSW $4.00 disposal rate +CPI-U Marchl, 30 gal cart $MSW $4.00 N/C 2019 disposal rate through +CPI-U Previous FebZ9, 6�gal cart $MSW $4.00 2020 disposal rate year's +CPI-U rate+ 90 gal cart $MSW $4.00 CPI-U disposal rate +CPI-U Marchl, 30 gal cart $MSW $4.00 N/C 2020 disposal rate Previous through +CPI-U Feb.28, 60 gal cart $MSW $4.00 year's 2021 disposal rate rate+ +CPI-U CPI-U 90 al cart $as above $4.00 March 1, 30 gal cart $MSW $4.00 N/C 2021 disposal rate Previous , through +CPI-U year s FebZ8, 60 al cart Sas above $4.00 rate+ 2022 90 al cart $as above $4.00 CPI-U 191 Attachment B � FRIDLEY MUNICIPAL SOLID WASTE COLLECTION SERVICE AGREEMENT BULKY WASTE ITEM and ADDITIONAL SERVICE CHARGES Item Charge per item WHITE GOODS: Appliance, large(stoves,refrigerators,dishwasher,oven,washer,dryer) $35.00 Appliance,small $25.00 Air conditioner $25.00 Electronics,with a CRT $25.00 Electronics,Covered Device,oversized TVs-30"or over,console TVs $28.00 Electronics,TVs and monitors under 30"or small aggregated electronics $ 15.00 HOUSEHOLD GOODS: Mattress or box spring(queen or king size)per piece $25.00 Mattress or box spring(twin bed size)per piece $25.00 Bed frame $ 15.OU Carpet and/or pad,neatly rolled in no larger than 4' long by 18"diameter rolls,dry; per roll $ 15.00 Concrete Laundry Tub $45.00 Toilet $ 15.00 Chair(recliner style or upholstered) $20,00 Chair(kitchen,occasional,office or wood-non-upholstered types) $ 10.00 Wooden Tables, End Tables,Bureaus $ 15.00 Couch $25.00 Love Seat $25.00 Couch with tude-a-bed � $35.00 Bed head board/Footboard,Each i#�m $20.00 Bed fr�cne $ 15.00 Dresser, low(waist height) $20.00 Dresser,highboy $20.00 Desk $20.00 Dining Room table $25.00 Kitchen table $25,00 Hutch or dish cabinet $25.00 Book case $25.00 Bathtub,cast iron $45.00 Bathtub,(steel or fiberglass) $45.00 Grill,chazcoal $20.00 Grill,gas(no propane tanks) $20.00 Small engines(drained)-lawnmower, snow blower,generator,weed whip $25.00 Tire $ 15.00 Tire with rim $ 15.00 19 192 CHARGES FOR ADDITIONAL SERVICES Valet collection service for handicapped residents $No charge Cleaning of Refuse cart $ 18.00 per incidence Refuse Cart Exchange Fee for a larger size cart $ 18.00 per incidence Within the first 60(sixty)days of service,and thereafter,once annually,residents who wish to downsize their cart size may do so with no handling charges. There shall be no charge to remove a cart(without replacement)from a property at any time during the Agreement. 20 193 Attachment C RECYCLING COLLECTION DISTRICTS Thursday OSBORNE RD Q � � � � > � ~ MIS5ISSIPPI ST Wednesday Monday �-° �� , �- �-6� �.6� � � z Tuesday a � 21 194 Attachment D HAULER MEMBER COLLECTION DISTRICTS ��t�'t��I�+'�ti��#��t'�trv'al) 22 195 Attachment E REPORTING REQUIREMENTS MSW Hauler must annually report an estimated tonnage per RDU after any post-collection recyclables have been removed,based upon daily load weights divided by number of accounts served,using weight estimate amounts that are based upon the Hauler's own recent test weights or standard weight estimate provided by a local government authority. If the City chooses to conduct sample MSW test weights or waste sorts, it shall do so at its own expense,compensating hauler for any route collection delays,with reasonable notice to the Hauler. . Hauler will cooperate with such analysis. Christmas Trees HAULER shall submit Christmas tree quantities picked up for the season to the City Environmental Planner by March 31 annually. If tonnage is available instead of quantities,that is preferable. Bulkv Waste Items A report of all Bulky Waste items that are both collected and recycled by Hauler shall be reported to the Fridley Environmental Planner semi-annually, including a description of the item(s),quantity of said items and weight(where available)for Anoka County reporting purposes. The vendors or locations used to dispose of recyclables must be available#o the City upon request. Yard Waste A report of all Yard Waste items collected from Fridley customers and t�auled to an approved compost site by Hauler shall be reported by weight or cubic yard of material to the Fridley Environmental Planner semi- annually, for Anoka County reporting purposes. When Hauler combines Fridley RDUs' Yard Waste with that from other communities,Hauler will estimate division of weight based upon the current number of accounts in each City. The vendors or locations used to dispose of recyclables must be available to the City upon request. Acco��ut Details Annually,Hauler must report to the City the number of total accounts,number of accounts receiving each level of service,number of yard waste accounts, and number of valet service accounts. 23 196 Attachment F City of Fridley Regulatory Guidelines for Solid Waste Management All parties acknowledge and agree that the following documents, in their entirety, as repealed or as amended, are in force for the duration of this Agreement. (A)Anoka County Solid Waste Ordinance http://www.knowtheflow.us/wp-content/unloads/2012J03/Anoka-County-Solid-Waste-Ordinance-94- 2.pdf In particular,the end destination for MSW,pages 30 and 31: Subsection 4. Designation. A. The Elk River Resource Recovery Facility on 165th Avenue N.W. near Highway 10 in the City of Elk River, Minnesota,the designated facility,is hereby established as the designated point of delivery for all designated waste generated in Anoka County. B. On and after the effective date established by the County Board resolution, all acceptable waste generated in the County and deposited in the State of Minnesota must be delivered to a designated facility, and may not be delivered to any other site or facility except as otherwise provided in this subsection.Nothing in this subsection shall preclude delivery of designated waste to a privately owned site or facility located within the County for transfer to a designated facility,provided that the site or facility license specifically permits the receipt of designate waste. This section is binding on all poiitical subdivisions, landfill operators, 31 waster generators,and haulers in the County. The provisions of this subsection shall be in full force and effect upon a date to be specified by resolution of the County Board adopted at least sixty(60)days in advance of the effective date." (B)Anoka County Solid Waste Management Plan htt�://ww�w.anokacounty.us/dacumentcenterh�iew/1302 fiigare IT-1.TAt sotid wutc piauagemeat hknrcYy of preterrcd metbods Particularly,Goa12,Page 7,Policies 6-8 and the � .�:��°;��, t �-._��:� accompanying waste management hierarchy �, . �,� '��`_ ��.,:�� diagram. � �� : Policy 6: Support the waste management 0° � � hierarchy(Figure 1-II-I). Manage waste in ; ' accordance with the preferred methods in the � ! <�a��r waste management hierarchy. � z W ' Policy 7: Implement regional waste management � ; goals. Manage solid waste in accordance with �w ' the numerical targets identified in the � Metropolitan System Plan,Part Three. a - '� Policy 8: Hold parties accountable for results. � Whether public or private,hold the operators ��,�rr�},w �:��r4z��,w��a�t�zt��r. ►�tr�•r��,-t��ot'��r��'�,°r�d ,�rr=ri��,d� 24 197 of any solid waste system segment responsible for meeting the goals of this Plan. (C) Minnesota Pollution Control Agency: Metropolitan Solid Waste Management Policy Plan 2010-2030 Metropolitan System Plan,Part Three http://w�vw.pca.state.mn.us/index.php/vie��-document.htrnl`?gid-15714 The Metropolitan System Plan provides guidance to all stakeholders responsible for TCMA solid waste management and was developed in accordance with the requirements of Minn. Stat. §473.149 subd. 2d. for a land disposal abatement plan. It describes broad regional system objectives, a landfill diversion goal,and the strategies necessary for solid waste programs and services to meet the region's needs for the next twenty years. Flsurc 5.Cost ssvl�t(In miNb�)achkved ti+ra�h sourc,e raductia+ -'--- � SOUrre Ki'6utti0+t.-52 >k l _``� � i� ., -�' . �ti � F �u f�` M � J+ +�• �'1 ; � d 1` �t � . i� ' �r �x .S C,'�— �: i t . .�,�*_" 41". t r- 1 1 ) ` �` i ,� w�. Q�{� " �� 1 ', EAergy,'�263 . ' ;, ' ,�orga�ia.521 In.�ertiuu 1-t'uet S�vin„;5:lchii:red t.tn�unr6 waurce I2ednc(iuu 25 198 Attachment G Adiusting MSW Disaosal Rates Haulin¢Cost Generation Rates may be adjusted for the term of the agreement or any extensions.Hauling costs have been calculated based on the following table: 2015 Cart size 30 allon Cart size 60 allon Cart size 90 allon Dis osal fees GRE Collection costs Taxes and other fees 26 199 Attachment H RDU Delinquent and Suspended Accounts Spreadsheet Format A. Delinquent Accounts Format � � o � � � v p +o .c � y �O « a 3 � " ° 8 � � � � � � � � O N 'O �j �� D N � � u 6 � a� p � .�R O � Q G � � � � a � � � o � �4 �, a � `� � � � c � o � � v e z 8 � v d � ., o � a d a c m Z � u � v � � a � v � � � a Q. E �a � � 3 � u � N � O G N � A C � W � �N" NC Q � C � V C C y � ro ,p � � c � w �� c — ;� °u o st 'o 'o' � � Y � — ro E � � � w � � � � � � � � o. . g ° a � � � �° v 2 N O G .. . . .. . . .... ._ . . . .. . .. . .. . L � u`. w 1- 27 200 B. Suspended Accounts Format N C O A � O C w � N � �q � � 4 � N N � � ro m � � � � � � � � � E � � � u M i � � � m c r d N � �IG �K G � � A N � � � tw �a � 'a' 4 �. s r� � Cy y M1 tY � N W � G Q E Q � p c E � y N � � m � x t � N � y � � R C a � � � � m a Y � N y u � � r � VT � !uF � ` � � N V � > � � � � M � IY u � � N° � fa s w i 28 201 ;` BOLTON 8� M E N K , 1 NC. Consui�ng Engineers&Surveyors 2035 County Road D East•Suite B•Maplewood,MN 55109-5314 Phone(651)704-9970•Fax(651)704-9971 www.bolbon-menk.00m November 25,2014 James Kosluchar,P.E. Public Works Director/City Engineer City of Fridley 6431 Unive�sity Drive Fridley,MN 55432 RE: Pavement Analysis—Heavy Vehicle Impacts Dear Mr.Kosluchar: We have completed the pavement analysis investigating the impacts to local streets caused by additional refuse collection vehicles.The basis of the analysis are the study and modeling program prepared by Dr.W.James Wilde of the Minnesota State University,Mankato under a MNDOT Local Road Research Board(LRRB)project.This LRRB project's analysis methodology and associated modeling program is intended to help local agencies estimate the impact of heavy vehicles on their pavements. During the course of the analysis,we had several discussions with Dr.Wilde related to the workings and generai theories behind the model.Those discussions,combined with artuai resuits from the program, form the basis for what is presented herein.We included Technical Summary(2014-32TS),Putting Research into Practice: Estimating the Impact of Heavy Vehicies on Loca1 Roads,pubiished October 2014,as an attachment to this letter for reference. RESULTS The model provides two methods of analyzing pavement impacts.The results of the analysis are depicted on the attached output summary generated by the model. The�rst method of analysis indicates that the pavement life for the street network will be shortened by an average of 17.996,at a cost to the City of$4,173,455.For instance,a pavement designed for 20 years will only last about 16 years and 5 months if the additional loadings are present for the entire pavement life cycie. The second method of analysis is more suited to higher volume roadways,and may not be directly applicable to local City streets. Based on the second method of analysis,the additional pavement required equates to an additional cost of$160,535 spread out over about 20 percent of the street segments analyzed.This is the additional amount that would have been incu�red if the pavement had � been originaliy designed to accommodate the additional vehicles.While the lower additionat cost using this approach is attributed to the lower ADTs seen on local roadways,a reduced pavement life can still be expected due to the additional loadings. DESIGNING FOR A BEITER TO�IORROW Bolton&Menk is an equal op�ortunity employer 202 James P.Kos{uchar,P.E. November 25,2U14 Page 2 LOCAL STREET DATA The City of Fridle�s database of information related to their street systems was used to create a set of input data required for the Dr.Wilde model.Some of the assumptions made were as follows: • Only City streets were analyzed,with Caunty and State Highways removed from the data-set.A totat of 547 street segments were analyzed. • ADTs are primarily based off of current MnDOT traffic maps.Where field collected ADTs weren't avaitable,estimates were made based on the ITE Trip Generation Manual and local expe�ience. • Truck percentages(HCADT)were based off of current MnDOT design curves for Urban areas: o Urban: l-300 ADT=4.4096, o Urban 301-750 ADT=7.47%, o Urban 750-1500 ADT=5.2996,and o Urban>1500 AOT=3.56%. • R-Values were estimated based on data from multiple sources, including State Aid reports and local knowledge of soil conditions. • Pavement thicknesses,base materia{and thicknesses,street segment iength and street segment widths were derived from the Cit�s database of physical roadway characteristics. • Costs used in the analysis are as follows: o Reconstruction=$100,OOOJLane-Mile(assumes street reclamation),and o Overlay=$4/SY-IN • The additionat impacts are based on 4 additional side-load trucks: o Front AxIe: 18,000 Ibs, 0 2"d Axle Set:44,000 Ibs,dual,tandem axle,and o The model was run with these additional vehicles running half-full. NETYHORK DlSTRIBUTION As a portion of this analysis we found that the City streets were fairly heavily distributed to lower Average Daily Traffic(ADT)volumes.In terms of street length: Length Percentage ADT Ran¢e {miles) of Total 0-5� 55.2 68.5% 501-1000 15.7 19.5% >1000 9J 12.0% � Totai 80.6 100.0% , DESIC�WNiG FOR A BE17ER TOMORROW Bolt�&Menk is an eqaal opporwnity employer 203 Y James P.Kosluchar,P.E. November 25,2014 • Page 3 METHOD OF ANALYSIS The model uses two different approaches to determine the impads of additional trucks on the pavement.Each method,along with the results,is described below. Total Percent of life Consumed The model analyzes the existing roadway section for each street segment as follows: � The existing street section characteristics are read from the database for each segment. • Based on this section,corresponding ESAL values are back-calculated based on the MnDOT 10- TON Design Chart and a 20-Year pavement design life.These are assumed to be the totat ESALs the roadway section was originally designed for based on the existing street section. • The additional ESALs based on the added trucks are then added to the Design ESALs. • The original ESAL value is then divided by the sum of the existing ESAL value plus the added truck ESAL value.To determine a percentage of life consumed,that value is then subtracted from 1. For instence,the value may have been 0.9.Subtracted from 1,the value is then 0.1,or 10 percent.This is the percentage that the street life is shortened. • The area of the street segment is then converted to a Lane-Mile value,with one Lane-Mile being equivalent to 5,280 feet by 12 feet wide. • The lane-Mites for each segment is multiplied by$100,000 per Lane-Mile to derive a reconstruction cost per segment. • This cost is then multiplied by the percentage the life is shortened. Average Additional Pavement Thickness � This method caiculates additional pavement thickness that would have been incorporated into the street section if it was known at the time of design that the additional loadings would be present.The additional pavement thickness is based on MnDOT's 10 Ton Design chart.Because many local City streets have low AOT's,MnDOT's chart will generally lead to over-design of the street section based on vehicle loadings,either with or without the additionai trucks being present on tfie roadway.This is because the lower volume roadways are typically designed with a thicker pavement section than is required due to factors other than ADT,such as climate and bituminous property#acto�s. The model analyzes the existing roadway section for each street segment as follows: • The existing ADT and HCADT are read from the database for eacfi street segment. • Design ESALs are then calculated for a 20-Year pavement design life. • Based on the MnDOT 10 TON Design Chart,the required bituminous thickness is calculated. • The additional trucks are then added to the HCADT,and a new ESAL value is determined. DESICNING FOR A BETTER TOsMORROW Bolt�&Me�nk is an equal opportunity employer 204 lames P.Kosluchar,P.E. November 25,2014 Page 4 • The pavement thickness required for the existing ESAts plus the added truck ESALs is computed. • The difference in pavement thickness between the existing and the existingplus the added vehicles is then calculated through subtraction. • The added thickness,area of pavement in the segment and a cost of$/SY-IN are used to determine the added pavement cost. Thank you for the opportunity to assist with this analysis. Sincerely, BOLTON&MENK,INC. �� Kevin Kieib,P.E. Senior Project Manager Attachments DESIGNING fOR A BETTER TaMORROW Bolton&Menk is an equal opporlumty etnployer 205 Heavy Vehicle Impacts Tool Network Malysis Report Anel. sis Name C' of Fridle Local Street Anal is Hea Vehlcles InFluded In this Ana sis. _ . _ .. Number of inents Ma 547 y�,��,�� Number of inents In Datebase 547 Vehlcle wesk Full/Emp W5-Waste-Side L 4 1/2 Full Avera e Percent of Lffe Consumed i 7.9% Total Network Cost of Consumed Life $4,173,455 Avera e Additional As haR Thtckness 0 in. Total Network Cost of Additional As halt $ 160,535 Network PCI Distribution •W�hout Additional Heavy Vehicles Network PCI Distribution •WRhout Additional Heavy Vehicles aiter'5 YeePS o WRh Additional Heavy Vehicles efte�10 Yea�s o With Additional Heavy Vehicfes 100°k 100% � 9�% 90% 80% � 8�% 70% 70% � 60% � 60% � 50% ,s 50% 40°IO ... 4O°/O 30% 30% 20% � 20% '� d 10% d 10% �,: 0% 0% - 90-100 80-90 70-80 50-70 30-50 0-30 90-100 80-90 70-80 50-70 30-50 0-30 Pavement Condition,With and Without Pavement CondRion,With and Without Additional Heavy Vehicles Additional Hea Vehicles Distribution of Original Pavement Life Consumed Distribution of Additional BRuminous Thickness 100% 100°/a -- 90% 90% r 80% � 80°k �� 70% � 70% 60°k � 60% S50�0 0 50% «� 40% � 40% � 30% � 30% 20% � 20% 10% 10% 0% 0% 0-25 25-50 50-75 75-100 >100 0.0-1.0 1.0-2.0 2.0-3.0 >3.0 Percent of Originai Life Consumed Additional Bituminous Thickness in Pavement Design,in 206 2014-32T5 Published October 2014 Putting Research into Practice: `. . . , LR Estrmating the Impact of Heavy Vehicles �B ��H on Local Roads BOARD Resear�hers developed an TECHN iCAL What Was the Need? Ex�el-based�a/culatorfor Heavy trucks cause local roads to deteriorate more quickly estimating the impa�t of S U M M A R Y �an do passenger vehicles.However,it is often challeng- ing for engineers to quantify these effects,especially if the o�prieryofheavy vehides cunent level of heavy vehicle traffic was not forecast at on asphaitroads.Tha rool Technkal Liaison: the time the roads were designed. Deb Heiser,CiTy of St louis Park wil/he/p/ao/agen�ies DHeiser@stlouispark.org Many local engineers in Minnesota have requested infor- mation about the impact of heavy vehicles in light of new make informed detisions PnjatCoordin�ar; construction,commercial distribution facilities and hauling when development�auses Dan Wartala,MnDOT routes.This information is needed to optimize local road Dan.Warzala@state.mn.us P��g�d�tenance. an unantitipated in�rease ��r !n heavy re6ide traf6t and What Was Our Goal? W.James Wiide,Minnesota T'he goal of this project was to create an analysis method ��oid in planning If[ruf�rr State University,Mankato and corresponding tool that city and county engineers can increases con be preditted. use to calculate the impact of heavy vehicles on asphalt LRRB PR01EtT COST roads beyond what was planned in the original pavement design. $54,000 What Did We Implement? ''" � � � This effort builds on and generalizes the results of Local Road Research Board implemen- �� - "�� ° tation project 2012RIC11,Traffic Generating Development and Roadway Life Consump- ;�.:, y t i o n,w h i c h d eve lope d a too l to estimate t he impact of trucks carrying heavy wind �� ' ��' � j"" � turbine components on county roads.That project ran in parallel to another relevant effort,Best P1~dCti_Ces'M�n�ing inrPrac-tinn RPrq n L�C I Anih�ritiPC� Generators. Maior Tr�ffi� One application for this tool, How Did We Do It? which calcuiates the impad of �vestigators adapted two methods of calculating heavy vehicle impact from 2012RIC11. heavy vehicles,wiil be �e method calculates the additional bituminous material(and associated costs)that optimizing routing and policies would have been required to construct the pavement if the heavy truck traff'ic had been for locat services. predicted when the pavement was designed. �NN�' The second calculates the portion of the pavemenYs design life,measured in equivalent � single axle loads,consumed by the unanticipated vehicles.Where the previous research �� calculated the impact of egtremely heavy vehicles over the short term(typically the � course of a construction project),this project calculates impacts of long term increases �'h��,� in traffic from vehicles that are heavy but mostty still within nomial legal weight limits. �E��C 1� �e�pact calculator's analysis incorporates several steps: • Collect and validate data. SE RV 1 t E S � COmpute ESALs,both with and without the heavy vehicles. � �'�� 'Analyze e�isting pavement structure,including the current grAnular equivalent (equivalent thickness of Class 5 granular base material)and the required GE,both with and without the heavy vehicles. OFFI(f OF IRANSPORTATION SVSTEM MANAGENIENT continued 20� �One anolysis me#hod�� theimpactofunexpecte� � � � heavy vehides essentiaily � � i,� � designs the road iwi�e, � � - �:i both with and without . . . ;� ,- ;:3' � � a � fbose vehides.The differen�e in design�osts `?;' �` "% represents thefmpactof the heavy vehi�es" While heavy vehicles from developments such as distribution centers often carry loads that are legal for local roads,tfie volume of traffic sti{I has a —W.lames Witde, major impacf on road life.Local officials can use the tool developed in this project to calculate that impact and make informed maintenance decisions. Pro#essor,Minnesota Stdte Univer5ity, • Estimate impa�cts,including the additional bituminous material required,the pave- Mankato,Department ment life consumed and the degradation in pavement performance caused by the of Mechanical&Civil specified heavy vehicles. Engineering • Compute quantities and costs of additional bituminous material needed or lost pavement life. • Report results. What Was the Impact? u8efiore this projec�dtiere The impact calculator is a Microsoft Excel document that accepts data about pavement WQSiI,tQ/IeQS�WQ�ffll, design,costs and condition imported from a pavement management system or entered manually.A variety of heavy vehicle scenarios are built into the tool,with variations AJl PJiglfl�i'tA(�e�Plrlll/1e that represent full,empty or half-full vehicles,so engineers can easily calculate vehide �IOW�I'I UC�i Q S�[l{1C�1'UC�( �pact.Users can aLso define custom vehicle parameters based on the number of axle groups,axle configurations and axle group weights.The tool can calculate the impact of IS�0i1Nj r4�Ct'�(JS8�!F up to nine vehicle types sunultaneously. '��p�9 The tool can be used to conduct anal ses for a sin e street se y gl gment or an entire road network.It reports impacts of heavy vehicles both in financial terms and as the quantiry _��e1�,� of ESALs consumed or additional bituminous material required.Users can also compaze current situations with proposed ones to evaluate the impact of potential changes in Engineering Director, heavy cra�'ic levels. City of St.Louis Park What's Next? The tool is ready for use and will be made available on LRRB's website to help local agencies evaluate their road networks and traffic levels to make informed decisions.The information will allow agencies to plan roads for anticipated developments and redesign roads near the end of their service life to handle eaisting conditions.Agencies may also be able to use it to optimize services with minimal damage to roads,such as by deter- mining the relative costs of organized(municipally coordinated)and open(customer- selecte�waste collection. Unlike 2012RIC11,this tool will not necessarily allow agencies to assess costs that can be billed to the sources of the heavy traffic,since the loads being analyzed are generally �d��{��, within legal weight limits.If agencies hope to use the tool to recover costs,the legal Minnesota Department aspects of this kind of cost assessment would likely need to be evaluated. of Transportation Potential additional functionality includes providing analysis for concrete pavements; Research Services&Ubrary incorporating mechanistic-empirical design and other design methods as they are MS 330,First Floor implemented;and creating improved definitions for velucle types and axle loads for fiill, 395 John Ireland Blvd. empty and half-full modes. St.Paul,MN 55155-1899 651-3663784 7Z�is Tecbnical Summary pertains to ihe ZRRB-produced Report 2014-32, Assesstng the E�'ects of www.mntioLgovlresearcfi Heavy Vebicles on Local I2oadways,"publ�shed August 2014. The full report can be accessed at nrxp:�/www.lirb.org/rnFno143z.pdE 20g = AGENDA ITEM �-`��°r CITY COUNCIL MEETING OF Fridley DECEMBER 8, 2014 Date: December 3,2014 To: Walter T. Wysopal, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Kay Qualley,Environmental Planner Subject: Adoption of Northstar TOD Master Plan Background City staff has been working with a consultant over the past two years to develop a master plan for a portion of the Northstar Transit Oriented Development Overlay Zoning District.This effort has been funded by a Metropolitan Council Livable Communities TOD grant. Following a public open house on November 5"', and review by the Planning Commission,and Fridley HRA,staff and the consultant have finalized the Master Plan, reflected in the attached drawing. Recommendation Staff had asked the consultants from Hoisington Koegler Group to present the final plan to the City Council at your December 8`�'meeting. Staff is recommending that the City Council adopt the final Northstar TOD Master Plan by resolution(attached). Following adoption of the Master Plan,City staff anticipates preparing a text amendment for the TOD Overlay Zoning District and a Comprehensive Plan amendment to include components of the plan in official documents that will aliow the City staff to seek grant funds related to the public infrastructure proposed in the TOD Master Plan. 209 RESOLUTION NO. 2014- A RESOLUTION APPROVING ADOPTION OF A MASTER PLAN FOR THE dVORTHSTAR TOD AREA AS PREPARED BY HKGI WHEREAS, the City of Fridley received LCDA pre-development grant funds from the Metropolitan Council to create a master plan for a portion of the Northstar Transit Oriented Development Zoning District near the Northstar Train Station in Fridley, and; WHEREAS, the City of Fridley sought input from the public in the affected project area by holding public meetings on July 24, 2014, and November 5, 2014, as well as requested input from the Planning Commission, Fridley Housing and Redevelopment Authority, and the Environmental Quality and Energy Commission during the course of the project, and; WHEREAS, Hoisington Koeg.ler Group Inc. (Hkgi), the consultant hired to coordinate the study and compile the Master Plan, has prepared documents, including Exhibit 1 attached, which the City can use as a guide as future development proposals are received in the Northstar TOD project area and as a guide for use of public funding sources to meet the transit infrastructure needs of the TOD area over the next several years; NOW, THEREFORE BE IT RESOLVED by the City Council, that the City of Fridley adopts the Northstar Transit Oriented Development Master Plan as presented by Hkgi. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8th DAY OF DECEMBER, 2014. Scott J. Lund - Mayor ATTEST: Debra A. Skogen - City Clerk - 210 � Exh�b,� a. ILLU�TW4TIVE MA�STER FLA,N _.�� .,��-�.,� ._.- ;� . � � _ F�.�a ,��'i��.,��`�-'� �-�: �� , �� ;� �� .� ��;�;��-F ; ; � _�. �� . � � .� ,��-_, �;- � �� Y , �. � ' � � �. .� �� '��m�~°+�� ' ��:�t�"�'. c��g��-��,'�'-�- � �� g" �''� � � r � �� I � �� g � r Y�..� � ��s� 1 ��39a.`i 3 ��`. > ��- µ �q' .� c� ..n C E a�� ,�� +, 1. p ' - '�^ �, }a■ _�f � ':t �;�� ""' �}'�I� � F �� ,ra o- ._�ti{ I .,..., .Y^��'�'j''�C �"4��,. �..�',bt"'>l� � 1�� ' '' Y r 'Y`i��l� ,Y��gu�� ( ��.��. M'� � � .� '�y �RkWE�E�EWAjC_ ■ � T ,' - � �!• �� r��' � pp�� l��4„�*". �`."1°,'� �'4+ a' t'--� :j� � y � ��_. # �r � � Y 't' r �� .�a� . � �- �� r � , � ! a `� ' � � + "!�� t � � �` � , 4 � �, , ' � � �� _� ,2,�..,_, . �� "�. � �- �� '� r��. � �P� ,: �� I �� ►� ��'+� ,st�� 'a�' � �� r�r T� � ��{y, �'� . �. ,� ,� �'� ��- � �. ,� g� � �'� � i'�'�n ��:�°. . , °� � � � � F � w ,'�,^�`�4',:r�.s> a�..N,..�„_,_;�..l,�.a�� ' � 615T WAY - �.. _ E � - - - '. p. � .�.c y�-.. � p,,,r+ ,� s to- . 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'�� ,�p,'� wa�`r�+ �"� ,.`:�'.''� r �.��` , x "„ , ';> �� i �� =r..'. 4"`� � ��' F.�� '" �.�. �,x��`� - ,�±°'� �� f � t s; �° �,� � '° *,r- � tt'� � ,, i �' �� w _'�� g --.. ;�� / 1�� ?��p� �� ,.� ,�{ ��'` - �� l � �r .r �� i� 4 � �� ' � � - 3 ' � � � . w�� "�S`= � ,�y y ;— �, �_ ,,.� t � i ��; .1��= �, '+� �� ,� # , �� ,��°` �'' � � t,�,aF, .�� + + � �� -. _� ` .�, ��-",�` * �� ,� �`'� ; �� ' � � { � �� r� y��;�� . .. ��`� ��`� � ��' � � ' ' �,� = � ;� � �� ;�p�s; p$ -,�, :� � � .� � = �� LEGEND , � � #�'.� , � f. 0 �Y-. � t . �, �` �-. • i_ E e F� �°•-• r;x� �" � r �'� TRANSIT STATION �� . ��, , ��' �a� ��,�'_ �° � � ` � .��...,�. � � �; j Q: � r � � '�� ' 4�� "� ` � � = TOD AREA OF LHANGE ; � � �j � �`, z � � ,. .,,.�n� t �� '� � . �e � '�1 '1� . `� �� = `z� �� [OMMERCIAL ' � l . . `' ' / �a�qc . � 1 �,µ � �i / • `S . .'�. (�,�R 1 �,�, �sm+.��E�Q�.N�'s�� ' � LIGHT INDUSTRIAL � ' - I � s K �"k ,,-c.__ ti 9 . � ��f. ' '`" p 1 � ` � 't,�� `} '�`T �'�� ! � MEDIUM DENSITY RESIDENTIAL ;-,. ; � � �� , �� -�� . � ,� I '�,! $ ;a ,� � ;, ;`,�� NIGH DENSITY RESIDENTIAL ��`�#'.. � ,►��', ;� � � £ �, i � � � OFFIfE � . � � �� . • � � t� � � � � � � `�"� � � �, � I� � ,,'Y , ,. ,;� �;{ � �' ;„r,. � � PARK w� ��!s��'`. .. �€ ;,,� 1,��., �I i i, �� f�!"!� � �' �,.�� , , � � , � STORMWATER �, *. _ �� "'"`,•..;�'#.._��.--"- }' �� A= �.�!�� SIGNALIZED INTERSECTION � �...�,—,�-,C�� . ' , ��- • • �; � :,, # • , " �' --, .�` .� �-b94 -� _ __ : •"!��•!'"'••""••'�••J PROPOSED SIGNALIIED INTERSECTION �, ��,�� . � ,. .. - - ; _ ____ __ ...- - -.- �---- ,. ,. - • {�ra��.�,�..�. _- � . . .� . r . ..a.�;_ � -_ � . a�. .r - �, .� _.., .,..��. � �� REDEYELOPMENT POTENTIAL Estimated Housing Development Projected Office Development » 1,250 - 1,400 total units WITHOUT » 306,000 sq.ft. redevelopment of Georgetown's southern Projected Light Industrial Development buildings;net growth of 650 - 800 units » I 34,000 sq.ft. » 1,550 - (,750 total units WITH redevelopment of Projected Retail Development all of Georgetown's buildings;net growth of 950 » I 5,000 - 20,000 sq.ft. - I,I 50 units FRfDLEY NORTHSTAR � � T��TIF DISTRICT MASTER PL4N 211 ��9�,-=��°„=�w�� ;�", __ �...� �AND USES & STREETS� , ,r� - � - -- ��_ .�'�,��'� 3 -,�.,`�i�. ��<�;�� ,�.� z : �, �� - � . , 31r � ��. - s ��;,� *!` - t�� .` �,��':�5� A��4��k°. 3 '�.��t�' , �'f�'., °�� .i �, �'..' ,_ i �, '�r- "�� :t ^�A' ��, ! r q i. s� �� "�' .5�� #�� ..' � k}�.."rR �*... 7' ��h�.... k fl ��i�.� : . ��,. tx�� q, � '� , .�. �.�; � _ .^f�, � ^" `RFkFEBEDGE�fffAY, ]�yy��}y� � �Y ��.>, ��. > a f'.3.�'*° " ■ �iA'�JR�f�1'3,�ii/l.��,�` . ! ��-.0 # -` �'k,�- � 4 y r • °' "! �, , � � . k a�.y� � �e W�r �� ; � _ ��.� ��+Ws 4. ■ } i1 �;u»$ � '��'��+m'".�fi P�y-��t,..�r:� . ■ r p ' : '�'Y"�'..' '.. ,, r,..,�#�,�-- ,� 1 yy y 9,, ■..�.. 61,Sfi�AV�E . � � R ��P�V, t 1n , y/�7�/►(��].��)J/� ��' � � Y� ��r�,f � � `�'r'!r . � .e+�y Y•' � 3 4y f-3b"*S�' �` ' . Fd . . . 14- . #i� ' . i��]� � . . � �.w�.., t _..�.. . t , ' :,j-.r g � `�• 3 ' ��.�- , � ',�' � ..x�_=.. . � �: ai, • �,f� � ��, NewsrReer ,} �w �-� LEGEND � �.c� j.. �..�.. � � �� '�� . � ��` � _� �-:' � TRANSIT STATION 'y � `i�Q'y ✓ ..I . � �. S.,' mu�■u� " � � � ,�� .,.�,,�� :,,.,,.,,; TOD AREA OF CHANGE �: , ;, � � � :��„-�,�<, � COMMERCIAL � �`�p � �_= � LIGHT INDUSTRIAL � RA�f1y �u �h • �,_ qY� 'i :� r • � MEDIUM DENSITY RESIDENTIAL � . 1,F` ° � �S v"� � HIGN DENSITY RESIDENTIAL �. r�F �' � � �c �,T • �� rv! � �� "` ��,� =.>� � �� PARK r,� ��,ys - � , . � , y � � ,� �'d,� � RAMP x �_� �i � � ws �,, A , ., Q E :I � � '' j�a a�t,, 57TH AVE � � '' , � STORMWATER �: � ' € � .� � RIGHT OF-WAY � ' ; � _� � � 7�i �- ; � 51T" AVE. CONNECTION ''' � ; I �...,.,,� � � •+�. • � PRIVATE ACfESS ' _ . = _,.� �'* '�'•�` ' ;; �, `°} =-.=-:.�- ��'"'•�..� I .. A _, � SIGNALIZED INTERSECTION ��f � p _ � ._ i-e9a � "'•j�....�„ . .� �,.. , :,s�-� ��/ RECOMMENDED SIGNAL . �•� - � •�, T . � - � . - _ � . ' � __,_ - . - _ w.. - ..>�.� ��. � -..�._ = . ..- _ _ _ -.. KEY FEATURES • Mixed-use area at corner of East River Road & I-694 - light industrial,office,and residential • Expanded Islands of Peace Park with increased active recreation area,visibility,and access • New loop parkway west of East River Road better linking park and housing to East River Road • Redeveloped housing oriented to park and new parkway within walking distance of school and transit station • Redevelopment of portions of underused transit park& ride lots to housing • Industrial/commercial businesses anticipated to stay in place • Potential for additional commercial at south end of Main Street FRIDLEY NORTHSTAt� � � TOD TIF DISTRICT MASTE�PLf�N 212 Nolvnq[�.KOeg�.rG�e�pl� � � BIKE/PEDESTRIAN NETWORK � .�---- - _ �� : - � �� a N � �£:: , _ � � � � � �� .�t�aRe�a.7 •� — -_.. � St�ND AY.: • i�VE�E[�.E �� ' � ; � �IAY PMtN�.� RIVER EDGE WAY ' ; �� : J � t � � � � • PEDlBIKE UNDERPASS i � � , � 1 � � w 6"_ � T T' i. : f, • . �..�..�. ��<�, �.,..�...� .,,"„�, ,� ,,..__�_, WAY lrt; t�, --- �� l �� _ : � t�� , �t� ��b � �.�� .r. j J i �I�Ri4MR"'_. . i J � � � ... �� ' i �c�,�,,,,� a �a _�< 4.: 1��4�R�C, �, �, � � �' 1 j A7i�I�sti41F I� (��; ,j �-� agk�� 3 � � � '� �� t �`._� r.:� � � v �' � ? � w(u�■■�■■�..�■ � �) � : � ! i '. . � �� 4'�� : �, , ....,__t....__ .___._._-._. ._... I y . \J � .. Y i J,J.J J J ,.J J^� �I II�°� tS,Nli X/ I 1�� _ 4� � ,, 1 � � s f_ __._ ,�� F . ,_ , , . ` � , �r ��, � � e� . . � � � 4 . . .. � � ._ . � . ' ce.ws--y ,` ♦ ,: � �'i � _._ a . � �� r �:,��',u.,.... _ ..._. r . � �, �`�' ,�� ,�,� t .1 } � � " r�� , Y ......,___ ..} . �� _ �. ' . � ��. ; � 1 , � � �, ° � T i" �?�!�� _ �� ,� t � NEW PARKWAY � , �j �� _ , �� aC ' i '� ' � _ _ � ''�. , � m . ._ t �. i..�. T ; � �— , Q j • �J ._____.. . � y� � .0 � / 1 = � .. ,u « z -. � .h f, ' J : ` I �i . ..j �� ' � ` � � It � .i ' � /, � .O . . 1 � ��L3�f^�'1� �Ny,� ��*°: � ' �� 3� . � ��.✓� � , .� r.ex .; � � , �g ; ' / �!�'"7�. . '`` ;�:�rf `j2 � ' � II��£AI`��. � "P'w.r��j �( _} S ° I ♦ . ,./ . � � a . ♦ K'�p.� � ' �� . � r � - i� •!� .' �-� `�i '� � 1 , �•i4�-=---h �..nc yt -- a�_�� . � ; �� ° q '� , ? ' �" �,�: � � �� i ;� { i° � J�� '"'� .. p�q T I �� ,r—;y ; r� � �. �� r i' � ` s � ��# � �� ? (T)'`' � � � # ''� .��'i�.: � �*� v Fh�,.__.-,- _—_.._'' �' ` '" H i f s � : �t" Ji �O I� �,�� POTENTIAL r.1N1 =� �.�� I�' ,:I' .J Q�� r` '�,.�„ �+�,._. � i PED/BIKE � ` oz -- ...�.n.�EF �'� .� �,�' i � - �- ! ' BRIDGE �.�„b,. "f � 'i! � . � �,�A rf � 4 �. 1 �J J J r��J�l..l.A�.: .. , � j� � y�� . .' .. . � .r��.r� �J�� >' H _ �; ,.. -, �.SZLFCA1fEL4MME�I�ON ', ,' __ ._._..' ._ ` � � : � .�. �57THAVE ' � , --- - _ ��.:.� � J � ? � : `� i � '�� a � ; � � LEGEND � i s.-� " � � � i � EXISTING MULTI-USE TRAII -��; ' � � � � i FUTURE MULTI-UfE TRAIL •.� �'��•.� � � � � � � ERISiING SIDEWALK �� "�+.�� '`. ' � i �� FUTURE SIDEWALII �� _- ''�..�� _` � � �° EXISTING BIKE IANE(ON-STREEn �_ I-694• T'iria�:�'••�••�u�au�..�..�� "` FUTURE BII(E IANE(ON-AREEn 1 LL POTENiIAL PED/BINE BRIDGE � KEY FE�►TURES Main Street » Sidewalk and bike lanes East River Road » Pedestrian/bike trail bridge over I-694 » Sidewalk and trail Safe Routes to School - Stevenson School » MRRT » Trail connections south to Georgetown Potential 57th Avenue connection Apts and north to River Edge Way » Pedestrian/bike trail bridge over railroad Islands of Peace Parkway » Trail from Main Street to University Ave » Sidewalk,trail, bike lanes FRIQLEY NORTHSTAR �H , TQ�TiF C7IST�ICT PIASTER PLAN 213 R��~'��,�'�'�«G�� STREET QESIGN COtVCEPTS KEY PARKWAY-MAIN ENTRANCETO PARKAT EAST RIVER ROAD&57TH AVE �r #„ . _` :- ' . - •�� . ' -° �` . r . .., � .. 621{DWAY �# ':� •.'� .. . �nd'0(PticehY4� .. � �` .�„` � '�„" E .. tavsaeosEwa -. ' '. > � i , x 3� , s( , � i , '� . . � P - _.-� ,. .- --`._.._.�._.._.��.___._._._._i- -._ ._.._.� . _ ....: . . . . � �. .. -.'. - i.. �. - � 1 6 STIYAY \ .=� � �Q15TAYE, " _ . � � ... ..... . _ _—_ _ _ : .r . (`��..� w"" +..�( . , �� x �,�� ,�� j+ " . �'� . �iil I � �$� � ��_��t � � 70 AG�`--i ` .. - �. . , � ...a.ta:aW 4 .r- I � `� . �. �` �� _ _ '.� � � � - � � '-- — ------- , � �. ��,��r� . , . , _____._�� -- , - -- -- �.. - ,� , 1�., k�.. €°.,� � Audloor� « `.... ...aaraoia ,� °?�x� 'q�'_; .•. j � ��F �� i �` s� � `.� � : � �'=�� ' � i � � " � � �,.�. # e �- r' n�ew,..� f , i. n�m-�..�c , � r_ �omen � 'h +�a � �«,Kn '•. . s �. . � 1 . D �V` ,� , '� � � �' � v�� .� � � ", � ' � a, : ;�''��b' ! ��, � p - . .. � � jr., ��.. 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PARKWAY-A�C?A�C fSLAhtQS 9F PElsCE PARK EAST RIVER ROAD-TURN LANES °t " >:` �.f` g°,�,k�.`" � - wa�K up ,�, , Peac � �: �� units ° . � : j- --°"- -------__ _� � Park�� :� � �,., z � � ..�a.a_ _�� '• �f �sr�i� �� s��`. � 4" .��.� i � �': ' ! � �� I , j � 1,I � . � � :, I 1Li I _,� , .. � N i B ;-� �'i ��.�q' `�' � � -�,� --�:`$ B' '_ �' � � � l� !-: �__:_� -=_kl ':w l �_1_�..1 � , '� � �- - � � �� rcair�sraeEr , ; ; � _ , , - � � � z.?� � � � � � �� 9 '�"�r�'�� . ��. 2•�� . . I Y`�?1{}. I � �,� � o �_� ° �; . . , `. ,,� � � = . ..� ::�.� • �',.;:. D I�nd� 10' ' T IT li' T 10' Y• Is' •i�a'� '. � l� d � bair:`V� dire �. drha pvk beulaaWr hbildn� � . . . � � �" ' . ��: Ik��e j wrd�hnd Yne hne W�el ryd wJj fet6rk � ' . �� = tirk . . ...... _ �: ... i � I �o�rt 3S� aut i , . ___._ .-rwd . _ _. • �, � ',. I r�f�re i � ��, ., .�.._.._''_''_''_ 70. ._.._.._.._.._..� B aow B. ��4' ' E� , i� � i E, >�r i.• .•i m . . `.�,��'�,,� ��'r`�..�. � , ,�. .. wd � r r�. ew� . � � _. _._w��r..__....� i FRIQLEY PlORTHSTAFi � � TOD TIF DISTRICT MASTER PLAN L�� s��9�O��KO�MT��y�� . . . . . . .. . . .. . . .. _ .. TOD STREETSCAPE DESIGN FEAT'URES ° '- °; _ =- ° - ' n. .f . . .,_. �- ,..,.. �_ . . , SIGNAGE/GATEWA�!PUBLFC�.R� .� . ��:. . . i �M _ ! . � • _.. - �. , - 9 , , , ,. . _ -,t[R k�'�_ ��_ . �„�- � Dii�ectional wayfinding , . ��rt � Gateway sign ��'ch`��ef�'�(�� PL,��`EFiS � , i " r�� t A � �+#��5�1`�,�fi� { � ��. 9��ij.�� __.�� ,i�. 1Q �� 1 ��.a �A: "�f � _�a�u„ <'" +" � 'ar � ,'l y, ��, � � r � +�'t Ik # .'1 5 ' G. �� i�'� ��" � , � r 1 r�.=_ �,�,�,� s `°t E �� ,� �,x' � � '�` � s�� _+�� ,� � �` F r i�` t ��.{�r+,$�i.�� '�`� r ��--.. ��73�°'�'��'� _ __ .L _ � ,'t,{"„�. _ ` � � � � �� * . . � . � . . . � . � . Low raised plante�-, cast in pla�ce High raised planter, cast in place FENCING/ORNAMENTAL RAILING f a� �` _."-�rr� .4 ��_�'� ;} �m��: '"{="�,��.;YP.}"c+4 �� t �y "� 7' : . • ff i�".M.? S � . � : �t'rr""R'�' f 7 — � �;,.;,.4 ---a.,�.�„�' !�C�� ,.�1�, ��a�s�. }��.,� -�, � � g ---� „�-. �� - ' ��J ��t R ; ' ` - ,-�"-��..�a fj � ,S , r,�4J�`: -�„ -•�`� 1."�w c �;,.� �� :�"` - �T� $.-�.�;,y,��i i''" c�Y.�� ., ; 4„d�C.,r�=•�:o t' _ �_� . �-. .. . .��,I�� .%�'�!'-k,�1"�,` vy�4 '�� . �..;�i,p �4� +�Y�. i i � _,_.. „�_ ,r �� ,�;.� � .,. . T, � - �'"-��:� �,z,s- . �,�. �:�".- d � : :. .., `'�.� _ _ Gabiori wall Metal railing with stone pillars STORMWATER �� { _. � � � � � 4 � �" °� � �1 � �a' 2; �� h �e 3u:i � ��,�' �'t ,., � •...fr ,�:.r. %., .�� -. � ��•� �y :>4' . �� '�-a Y7. �� L-Y1.4 ''�._ ` �.,,a�� fa '.�� ' -y, �.. - a l ` -�t �, ��` �,�:��, �� , -, � `� �°�'� , : ,� �u�t. . . � ..�,,, - . - � H �,�_�,. '� � -��,�,°"�.�� f . _ , ':. ' � _ ,,:, , .,�. -�-�� . •- =� :°" � ..° � Boulevard tree trench Concrc te and correu sr�t�l 1t��-n ��i�/i uano•al stone��iantings PAVING MATERtA�S _��L :.t � ��:.,�"`'' i 4 ts S � �C�'i °� � - �' gsr °,� ,...: � -..,__.> � R�� , - � � �' � � - ... '�^�i.�.. I� ��.� � ,+ ' � +; `�".-^-T - �� ' { .:r � Y��"�� °'i r�= „�� 1 5 • -�� '° � .,.. ��' � � � ."�-.��.;�;� 3 4^G � " .. . � . `s ..�7 - �+.'., . � �� —�$. . . ; �;... _ _.v---�—�i. 1 S��o��d�c�zcrete � �y � � Colored concrete � � Concr�t�-��n�� FRIDLEY NORTHSTAR TQDTIF DISTRICT MASTER PL4N 215 :�:�9��.°��.,��.� � TOD STREETSCAPE DESIGN FEATURES �ENGI-{�[�tk�l��4�� Ft��EPTi4CLE �ENCH'/�I�ED Wi��T� Ft�CEPTACLE ` ''' � ,e,¢ ��'�, �r'§° ,,' �; ' ! fi��, . �� ;. �,E�r ,b - �: _�_ � .�F . �(T'�� __ ' " � _� � � �� : '� 4 ` ,� � � _ °'�: ,: �'�- t� i s i � '��' � �'� ��s- �-4, ,� ` I� I � � �, , �a �i�-�' f �' °�.ro.�. � :t �� i,`�i � .��r ;�� _. �; � s-��`-- 1 � � �' �'� �..I. �': • ',. �y . .. .:-.::, -, ...:�. c. .iM ..+�,�.. � � Metal bench and trash receptacle with with natural cut outs Metal bench and trash receptacle with metal slats BIKE RACKS MOVEABLE PLANTERS BOLLARD PATHWAY 4 ��"� & STREET � ' � �f''� LIGHTS �� _ ,,,_,- ��'1�� - , �.� � i �- �. P � � , �` _ ., �x ;' � ��' � � � : � , , , � . � � �, e, w. ` � �'� . � .. �� c ' �-- _ �� y, •' �� c .1 �..� t .. .3�^ .... .P �. a :, 4. ' . _ � .. - . . � �� . � _ . , � � - -- , . Metal inverted "U"bike rack � ► � �� _-�-�� .�• -_. ' � i, Metal moveable planters LED pathway lighting � variety ofsizes -- LED area lighting height varies > �. �� . ' .�.� ek . � , � ; �� `� o� `' �i ,�-� � `� �� , „ � v �" � # ��: �k� t�., � . � `t.�, �� , �:. � ��.�'4�� . ,� �r��r ��k. �: �. �� .�. �, ,��.o ��';, � ry; F �y. » y � �'�'y.ul� [Ci £s`��., ; �..Y .{�.,+�+nTry �"$,�� }• bMF;. 4�f'" £� � s{�x"`Y:T". �,a '�..: !s ^�. �`f$ �� ,��,� ) 9 1�'� �&+Y � " � �, . z� . : �'; � -# �, _\� � �� `� y � — '�� i �' � � � � `( �� - ' rl I,. � , ,i � �`� '� �~.��, - � � �� ` I. \\,I \\� � `e` � �', � ,�.� � ; , , � � �� , ��. � �' �� ; � �7 Bench Trash recepta�cle Bike rack Planters-multi sizes Bollard Area light FRIDLEY NORTHSTAR � � TODTIF DISTRICT M�STER �LAN 216 Nohin9�onKOe9lmGio�pNa � � AGENDA ITEM � Fridley CITY COUNCIL MEETING OF DECEMBER 8, 2014 To: Walter T. Wysopal, City Manager From: Jack Kirk, Director of Parks and creation Date: December 1, 2014 Re: Agreement with Partners and Sirny Architects to Provide Design Services for the Springbrook Nature Center Project On Monday, November 24, 2014 the SPRING Project Committee met and interviewed the Architectural/Design Firms for the expansion and renovation of the Springbrook Nature Center Interpretive Building and related facilities. The three firms that were interviewed are as follows: 1. Perkins + Will 2. Rafferty, Rafferty, Tollefson, Lindeke 3. Partners & Sirny The people participating in the interview were: City Councilmember Ann Bolkcom, Springbrook Nature Center Director Mike Maher, Parks and Recreation Commission Member Mike Heintz, Springbrook Nature Center Foundation Chair Malcolm Mitchell, Springbrook Nature Center Foundation Member ponna Bahls, Construction Manager poc Smith and Parks and Recreation Director Jack Kirk. While all three � firms presented themselves very well, the SPRING Project Committee made a unanimous decision to recommend Partners & Sirny as the Professional Design Firm to provide Architectural and Engineering Design Services for the Springbrook Nature Center project. Partners & Sirny representatives at the interview were clear and did a good job responding to the RFP. The Committee felt they had a good understanding of Springbrook building possible layout, geothermal, solar, and alternative roof systems. Also, once approved, Partners & Sirny are ready to start to work with the Project Committee, staff, and community on building review and space layout. It was the opinion of the Committee that Partners and Sirny Architects have the capacity to support the project, have the best related prior experience and could meet the design, budget and schedule for the project. It should also be noted that their proposed fees for the design work were also the lowest. 217 It is our expectation that the Design Professionals will provide the Architectural, Civil, Structural, Landscape Architecture, Interior Design, HVAC, Plumbing, Fire Protection, and Electrical Design services associated with the renovation and expansion of the interpretive building and related facilities. For the proper execution of this project, the Architect/Design Firm is to provide services in each of the following project phases: Schematic Design, Design Development, Construction Documents, Bidding, Construction Administration, and Close-Out Assistance. Partners and Sirny Architects has extensive experience with nature centers and interpretive buildings. They designed the Lebanon Hills Visitor Center in Eagan, the McColl Pond Environmental Learning Center in Savage, the St. Croix National Scenic Riverway Visitor Center in St. Croix Falls (WI), the Midwest Center for Wind Energy in Lincoln County, the Kroenig Interpretive Center in North Mississippi Regional Park in Minneapolis, the Prairie Woods Environmental Center in Willmar, and the Richardson Nature Center in Bloomington. The references provided by previous project owners on the design services of Partners and Sirny have been very good. Partners and Sirny has formed a team to provide the comprehensive design services for the Interpretive building project. They have lined up Hoisington Koegler Group, Inc. to provide the landscape architecture services, BKBM Engineers to provide the civil and structural engineering services, and Engineering Design Initiative to provide the mechanical, electrical and fire protection design. All have reputations of doing quality work. I believe it is important to point out that since this is a state bonding funded project, we are required to comply with the B3 Guidelines for energy and environmental quality. 63 stands for Buildings, Benchmarks and Beyond. The B3 Guidelines provide tools and programs for sustainable buildings in Minnesota. We had discussed pursuing LEED certification on this new building, but would not recommend spending the estimated additional $50,000 just to be able to claim the certification level. Many, if not all, of the energy considerations for the LEED certification will be required in the B3 Guidelines, so we expect to have an efficient and sustainable structure. The $5,000,000 State Grant being provided to the City of Fridley for the improvements to the Springbrook Nature Center will be used to pay for the design services. The fee for design services proposed by Partners and Sirny is 8%. Based on a total construction cost of$4.5million, this would amount to $360,000. They have also added a total of$4000 for reimbursables such as mileage, printing, communication and postage. It is my recommendation that the City Council approve the attached Agreement for Professional Services with Partners and Sirny Architects to provide the design services for the renovation and addition to the Interpretive building at Springbrook Nature Center. Please let me know if you have any questions or need any additional information. 218 � `��li �� r� ��:� Document B132 - 2009 Standard Form of Agreement Befi�reen Owner and Architect, Construction Manager as Adviser Edition � AGREEMENT made as of the Ninth day of December in the year 2014 (In ivords, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal status, address and other information) completion.The author may also have revised the text of the original City of Fridley AIA standard form.An Additions and 6431 University Avenue NW Deletions Report that notes added Fridley,MN 55432 information as well as revisions to the standard form text is available from the author and should be and the ArChiteCt: reviewed.A vertical line in the left (Name, legal status, address and other information) margin of this document indicates where the author has added Partners&Sirny LLP necessary information and where 2l2 West Franklin Avenue the author has added to or deleted Minneapolis,MN 55404 from the original AIA text. Telephone Number:612-341-1070 This document has important legal consequences.Consultation with an attorney is encouraged with respect for the following Project: to its completion or modification. (Name, location and detailed description) This document is intended to be used in conjunction with AIA Springbrook Nature Center pocuments A132TM'-2009,Standard ]00 85th Avenue NW Form of Agreement Between Owner Fridley,MN 55432 and Contractor,Construction Addition and Remodel Manager as Adviser Edition; A232TM'-2009,General Conditions The ConstruCtion Manager: of the Contract for Construction, (Name, legal status, address and other information) Construction Manager as Adviser Edition;and C132T""-2009, EDS Builders,Inc. Standard Form of Agreement 404A Saint Croix Trail North Between Owner and Construction Lakeland,MN 55043 Manager as Adviser. � AIA Document A232TM'-2009 is adopted in this document by "fhe Owner and Architect agree as follows. reference.Do not use with other general conditions unless this document is modified. AIA Document 8132^"—2009(fortnerly 6141 TMCMa—1992�.Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved. Init. yNARNING:This AIA� Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" .� Document,or any portion of it,may result in severe civil and criminai penalties,and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 13:01:42 on 12/03/2014 under Order No.9301246312_1 which e�ires on 12/02/2015,and is not for resale. User Notes: (2052353586) � 219 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBIUTIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the disposition for the following items by inserting the reguested information or a statement such as "not applicable,""unknown at time of execution"or"to be determined later by mutuad agreement.') § 1.1.1 The Owner's program for the Project: (Identify documentation or state the manner in which the program will be developed.) I TBD §1.1.2 The Project's physical characteristics: (Ident�or describe, if appropriate, sise, location, dimensions, or other pertinent information,such as geotechnical reports;site, boundary and topographic surveys; tra�c and utility studies;availability of public and private utilities and services; legal description of the site; etc.) § 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) � As determined by Owner's Construction Manager in collaboration with the Architect Design Team § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates,if any: Schematic Design Phase Completion December 29,2014 Design Development Phase Completion Januazy 22,2014 Construction Documents Phase Completion February 23,2015 AIA Document B132T'"—2009(formerly B141 T'"CMa—1992).Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved. Init. u�q�N1NG:This AiA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"` 2 Document,or aiiy portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. � This document was produced by AIA software at 13:01:42 on 12I0312014 under Order No.9301246312_1 which e�ires on 12/02I2015,and is not for resale. User Notes: (2052353566) 22U .2 Commencement of construction: � Mid Apri12015 .3 Substantial Completion date or milestone dates: I June 2016 .4 Other: § 1.1.5 The Owner intends to retain a Construction Manager adviser and: (Note that, if Multiple Prime Contractors are usec� the term "Contractor"as referred to throughaut this Agreement will be as if plural in number.) [ ] One Contractor I [ X ] Multiple Prime Contractors [ ] Unknown at time of execution § 1.1.6 The Owner's requirements for accelerated or fast-track scheduling,multiple bid packages,or phased construction are set forth below: (List number and type of bid/procurement packages.) § 1.1.7 Other Project information: (Ident�special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation reguirements.) § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address and other information.) Earl Doc Smith EDS Builders,Inc, 404A Saint Croix Trail North Lakeland,MN 55043 § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's submittals to the Owner are as follows: (List name, address and other information.) § 1.1.10 The Owner will retain the following consultants: (List name, legal status, address and other information.) .1 Construction Manager:The Construction Manager is identified on the cover page.If a Construction Manager has not been retained as of the date of this Agreement,state the anticipated date of retention: Init. AIA Document B132T"—2009(fortnerly 8141 T"CMa—1992).Copyright 01992 and 2009 by The American Institute of Architects.All rights reserved. WARNING This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" 3 Docurnent,or any portion af it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 13:01:42 on 12/03/2014 under Order No.9301246312_t which e�ires on 12102/2015,and is not for resale. User Notes: (2052353586) 221 .2 Cost Consultant(if in addition to the Construction Manager): (If a Cost Consultant is retained, appropriate references to the Cost Consultant should be inserted in Sections 3.2.6, 3.2.7, 3.3.2, 3.3.3, 3.4.5, 3.4.6, 5.4, 6.3, 6.3.1, 6.4 and 11.6.) .3 Land Surveyor: .4 Geotechnical Engineer: AllPhase Companies,Inc. 404-A St.Croix Trl N. Lakeland,MN 55043 Rennie Smith 651-436-2930 .5 Civil Engineer: .6 Other consultants: (List any other consultants retained by the Owner, such as a Project or Program Manager, or scheduling consultant.) § 1.1.11 The Architect identifies the following representative in accordance with Section 2.3: (List name, address and other information.) Paul Anderson 212 West Franklin Avenue Minneapolis,MN 55404 Telephone Number: 612-341-1070 � Email Address:panderson@partnersandsirny.com §1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address and other information.) § 1.1.12.1 Consultants retained under Basic Services: � .1 Structural Engineer and Civil Engineer: AIA Document B732TM—2009(fortnerly B141 TMCMa—1992).Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved. Init. WARNlNG:This A)A` Document is protected by U.S.Copyright Law and Internationat Treaties.Unauthorized reproduction or distribution of this AIA"' 4 Document,or aizy portion of it,may result in severe civil and criminal penalties,and wili be prosecuted to the maximum extent possible under the law. � This document was produced by AIA software at 13:01:42 on 12I03I2014 under Order No.9301246312_1 which expires on 12IO2I2015,and is not for resale. User Notes: (2052353586) 222 BKBM Engineers Ron LaMere—Structural Joel Maier-Civil 5930 Brooklyn Boulevard Minneapolis,MN 55429 763-843-0420 .2 Mechanical Engineer: Engineering Design Initiative Larry Svitak 1112 North 5�'Street Minneapolis,MN 55411 612-343-5965 .3 Electrical Engineer: Engineering Design Initiative Jay Hruby 1112 North 5�'Street Minneapolis,MN 55411 612-343-5965 .4 Fire Protection Engineer: Engineering Design Initiative Steve Schreurs 1112 North St'' Street Minneapolis,MN 55411 612-343-5965 .5 Landscape Architect: Hoisington Koegler Group,Inc. Bryan Harjes 123 North Third Street,Suite 100 Minneapolis,MN 55401 612-338-0800 § 1.1.12.2 Consultants retained under Additional Services: § 1.1.13 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that such information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the schedule,the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.'The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. AIA Document 6132T"—2009(formerly 6741""CMa—1992).Copyright�1992 and 2009 by The American Institute of Architeds.All rights reserved. Init. WqRNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproductfon or distribution of this AIA'' S Document,or any portion of it,may result in severe civil and criminal penalties,and wiil be prosecuted to the maximum extent possible under the law. � This document was produced by AIA software at 13:01:42 on 12/03/2014 under Order No.9301246312_1 which e�ires on 12/02I2015,and is not for resale. User Notes: (2052353586) 223 § 2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in AIA Document C132TM-2009,Standard Form of Agreement Between Owner and Construction Manager.The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 The Architect shall maintain the following insurance for the duration of this Agreement.If any of the requirements set forth below exceed the types and limits the Architect normally maintains,the Owner shall reimburse the Architect for any additional cost. § 2.6.1 Comprehensive General Liability with policy limits of not less than Two Million ($2,000,000.00 )for each occurrence and in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not less than ($ )combined single limit and aggregate for bodily injury and property damage. § 2.6.3 The Architect may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability,provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. § 2.6.4 Workers'Compensation at statutory limits and Employers Liability with a policy limit of not less than One Hundred Thousand ($ 100,000.00 ). § 2.6.5 Professional Liability covering the Architect's negligent acts,errors and omissions in its performance of professional services with policy limits of not less than Five Hundred Thousand ($500,000.00 )per claim and in the aggregate. § 2.6.6 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6.The certificates will show the Owner as an additional insured on the Comprehensive General Liability,Automobile Liability,umbrella or excess policies. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural,mechanical,and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services,consult with the Owner and the Construction Manager, research applicable design criteria,attend Project meetings,communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner,the Construction Manager and the Owner's other consultants.The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner,the Construction Manager,and the Owner's other consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 The schedule,as discussed in the interview are set,of the Architect's services shall inciude design milestone dates,anticipated dates when cost estimates or design reviews may occur,and allowances for periods of time required(1)for the Owner's review, (2)for the Construction Manager's review,(3)for the performance of the Owner's consultants,and(4)for approval of submissions by authorities having jurisdiction over the Project. Init. AIA Document 8132T"'—2009(fortnerly 6141 TMCMa—1992).Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved. WARNING This AIA� Document is protected by U.S.Copyright Law and IntemaUonal Treaties.Unauthorized reproduction or distribution of this AIA" 6 Document.or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 13:01:42 on 12/03/2014 under Order No.9301246312_1 which expires on 1 210 2/2 0 1 5,and is not for resale. User Notes: (2052353586) 224 § 3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services. I §3.1.5 Once the Owner and the Architect agee to the time limits established by the Project schedule,the Owner and the Architect shall not exceed them,except for reasonable cause. The timeline has been set. § 3.1.6 The Architect shall not be responsible for an Owner's d'uective or substitution,or for the Owner's acceptance of non-conforming Work,made without the Architect's approval. § 3.1.7 The Architect shall,at appropriate times,in coordination with the Construction Manager,contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project.In designing the Project,the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner and Const�vction Manager,and shall review laws,codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule, budget for the Cost of the Work,Project site,and the proposed procurement or delivery method and other Initial Information,each in terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches.The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present to the Owner and Construction Manager,for the Owner's approval,a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design Documents for the Owner's approval and the Construction Manager's review.The Schematic Design Documents shall consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans, sections and elevations;and may include some combination of study models,perspective sketches,or digital modeling.Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives,such as material choices and building orientation,together with other considerations based on program and aesthetics,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials,building systems and equipment,together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents. Init. AIA Document B132TM—2009(fortnerly B141 T"'CMa—1992).Copyright�1992 and 2009 by The American Institute oi Architects.All rights reserved. vJARNING:This AIA" Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution of this AIA'-` 7 Document,or any portion of it,may result in severe civil anti criminal penalties,and will be prosecuted to the maximum e�ctent possible under the law. / This document was produced by AIA software at 13:01:42 on 12/03/2014 under Order No.9301246312_1 which e�ires on 12/02/2015,and is not for resale. User Notes: (2052353586) 225 § 3.2.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the Schematic Design Phase,the Architect shall take action as required under Section 6.4,identify agreed upon adjustments to the Project's size,quality or budget,and request the Owner's approval of the Schematic Design Documents. If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate the required revisions in the Design Development Phase. § 3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to Section 5.4,the Architect shall prepare Design Development Documents for the Owner's approval and the Construction Manager's review. The Design Development Documents shall be based upon information provided,and the Architect will prepare the estimate in collaboration with the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical systems,and such other elements as may be appropriate.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Design Development Documents. § 3.3.3 The Architect in collaboration with the Construction Manager's will estimate at the conclusion of the Design Development Phase,and will be verified,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction Documents for the Owner's approval and the Construction Manager's review.The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work.The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information,including Shop Drawings,Product Data, Samples and other similar submittals,which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the Owner and the Construction Manager in the development and prepazation of(1)bidding and procurement information that describes the time,place and conditions of bidding,including bidding or proposal forms;(2)the form of agreement between the Owner and Contractor;and(3)the Conditions of the Contract for Construction (General,Supplementary and other Conditions);and(4)compile a project manual that includes the Conditions of the Contract for Construction and may include bidding requirements and sample forms. § 3.4.4 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to review the Construction Documents. AIA Document B132TM—2009(fortnerly B141 TMCMa—1992�.Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved. Init. ;r�+qRNING:This AIA'' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this A�A" 8 Documeni,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 13:01:42 on 12/03I2014 under Order No.9301246312_1 which e�ires on 12IO2I2015,and is not for resale. User Notes: (2052353586) 226 § 3.4.5 The Architect in collaboration with the Construction Manager will estimate at the conclusion of the Construction Documents Phase,and will be verified,the Architect shall take action as required under Section 6.7 and request the Owner's approval of the Construction Documents. § 3.5 Bidding or Negotiation Phase Services § 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents,the Architect shall assist the Owner and Construction Manager in(1)obtaining either competitive bids or negotiated proposals;(2)confirming responsiveness of bids or proposals;(3)determining the successful bid or proposal,if any;and(4)awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by .1 facilitating the reproduction of Bidding Documents for distribution to prospective bidders, .2 participating in a pre-bid conference for prospective bidders,and � .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents in the form of addenda. § 3.5.2.3 The Architect shall consider requests for substitutions,if the Bidding Documents permit substitutions,and shall consult with the Construction Manager and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements,and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner and Construction Manager in obtaining proposals by .1 facilitating the reproduction of Proposal Documents for distribution to prospective contractors,and requesting their return upon completion of the negotiation process; .2 participating in selection interviews with prospective contractors;and .3 participating in negotiations with prospective contractors. § 3.5.3.3 The Architect shall consider requests for substitutions,if the Proposal Documents permit substitutions,and shall consult with the Construction Manager and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A232T"'-2009,General Conditions of the Contract for Construction, Construction Manager as Adviser Edition.If the Owner and Contractor modify AIA Document A232-2009,those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.The Architect shall not have control over,charge of,or responsibility for the construction means, methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager,or the Contractor or of any other persons or entities performing portions of the Work. AIA Document 6132�"—2009(formerly B141 TMCMa—1992).Copyright�1992 and 2009 by The American Institute of Architeds.All rights reserved. Init. �yARNiNG;This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA`" 9 Docurnent,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the Iaw. � This document was produced by AIA software at 13:01:42 on 12/03I2014 under Order No.9301246312_1 which e�ires on 17J02I2015,and is not for resale. UserNotes: (2052353586) 227 § 3.6,1,3 Subject to Section 4.3,the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.3.3,to become generally familiaz with the progress and quality of the portion of the Work completed, and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits,the Architect shall keep the Owner and Construction Manager reasonably informed about the progress and quality of the portion of the Work completed,and report to the Owner and the Construction Manager(1)known deviations from the Contract Documents and from the most recent construction schedule,and (2)defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection.Whenever the Architect considers it necessary or advisable,the Architect,upon written authorization from the Owner and notification to the Construction Manager,shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,material and eyuipment suppliers,their agents or employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the Contract Documents on written request of the Construction Manager,Owner,or Contractor through the Construction Manager.The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and decisions,the Architect shall endea�or to secure faithful performance by both Owner and Contractor,shall not show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The ArchitecYs decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Coniractor designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A232-2009,the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shail review and certify an application for payment not more frequently than monthly. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager,the Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work,the Architect shall review the Contractor's Application and Certificate for Payment that the Construction Manager has previously reviewed and certified.The Architect shall certify the amount due the Contractor and shall issue a Certificate for Payment in such amount. .2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project,the Architect shall review a Project Application and Project Certificate for Payment,with a Summary of Contractors'Applications for Payment,that the Construction Manager has previously prepared,reviewed and certified.The Architect shall certify the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts. § 3.6.3.2 The Architect's certification for paytnent shall constitute a representation to the Owner,based on(1)the ArchitecYs evaluation of the Work as provided in Section 3.6.2,(2)the data comprising the Contractor's Application for Payment or the data comprising the Project Application for Payment,and(3)the recommendation of AIA Document B132t"'—2009�formerly 6141 T"CMa—1992).Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved. Init. ti�ARNING:This A!A Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution of this AIA" .�Q �ocument,or any portion of it.may result in severe civii and criminal penalties,and will be prosewted to the maximum extent possible under the law. � This document was produced by AIA software at 13:01:42 on 12I03/2014 under Order No.9301246312_1 which expires on 12IO2/2015,and is not for resale. User Notes: (2052353586) 228 the Construction Manager,that,to the best of the Architect's knowledge, information and belief,the Work has progressed to the point indicated and that the qualiTy of the Work is in accordance with the Contract Documents. The foregoing representations are subject(1)to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,(2)to results of subsequent tests and inspections,(3)to correction of minor deviations from the Contract Documents prior to completion,and(4)to specific qualifications expressed by the Architect. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has(1)made e�chaustive or continuous on-site inspections to check the quality or quantity of the Work, (2)reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of reyuisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.4 The Architect shall maintain a record of the applications and certificates for payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's Project submittal schedule and shall not ❑nreasonably delay or withhold approval.The Architect's action in reviewing submittals transmitted by the Construction Manager sha11 be taken in accordance with the approved submittal schedule or,in the absence of an approved submittal schedule,with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 ln accordance with the Architect-approved Project submittal schedule,and after the Construction Manager reviews,approves and transmits the submittals,the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and installation or performance of equipment or systems,which are the Contractor's responsibility.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques,sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the ConVactor to provide professional design services or certifications by a design professional related to systems,materials or equipment,the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect.The Architect shall be entitled to rely upon the adequacy,accuracy and completeness of the services,certifrcations and approvals performed or provided by such design professionals. § 3.6.4.4 After receipt of the Construction Manager's recommendations,and subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents.The Architect,in consultation with the Construction Manager,shall set forth in the Contract Documents the requirements for requests for information.Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements of the Contract Documents. AIA Document B132T"'—2009(fortnerly B741 T"'CMa—1992).Copyright O 1992 and 2009 by The American Institute of Architects.All rights reserved. Init. ��qRNING:7his AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°' . �� Docwnent,nr any portion of it,may residt in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. � This document was produced by AIA software at 13:01:42 on 12I0312014 under Order No.9301246312_1 which e�ires on 12102/2015,and is not far resale. User Notes: (2052353586) 229 § 3.6.5 Changes in the Work § 3.6.5.1 The Architect shall review and sign,or take other appropriate action,on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect may authorize minor changes in the Work that are consistent with the intent.of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order issued by the Architect through the Construction Manager. § 3.6.5.3 The Architect shall maintain records relative to changes in the Work. I3.6.5.4 Field Orders may be approved by the Architect,Design Team,and Owner to keep the project moving. § 3.6.6 Project Completion § 3.6.6.1 The Architect,assisted by the Construction Manager,shall conduct inspections to determine the date or dates of Substantiai Completion and the date of final completion;issue Certificates of Substantial Completion prepared by the Construction Manager;receive from the Construction Manager and review written warranties and related documents required by the Contract Documents and assembled by the Contractor;and,after receipt of a final Contractor's Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager,issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6,2 The Architect's inspections shall be conducted with the Owner and Construction Manager to check conformance of the Work with the reyuirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Construction Manager and Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete by the Construction Manager and Architect,and after certification by the Construction Manager and the Architect,the Architect shall inform the Owner and Construction Manager about the balar►ce of the Contract Sum remaining to be paid the Contractor,including the amount to be retained from the Contract Sum, if any,for final completion or correction of the Work. § 3.6.6.4 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 BASIC SERVICES § 4.1 Basic Services listed below are not Additional Services.The Architect shall provide the listed Services below. Services Responsibility Location of Service Description (Architect, Owner (Section 4.2 below or in an exhibit or attached to this document and Not Provided) identified below) 4.1.1 Pro rammin (B202TM-2009 Arch/Owner/CM 4.1.2 Multi le reliminar desi s Arch/Owner/CM 4.1.3 Measured drawin s Architect 4.1.4 Existin facilities surve s Arch/Owner 4.1.5 Site evaluation and lannin B203T"'-2007 Arch/Owner/CM 4.1.6 Buildin Information Modelin (E202TM-2008 Arch/Owner/CM 4.1.7 Civil en ineerin Architect 4.1.8 Landsca e desi Architect 4.1.9 Architectural interior desi (B252TM-2007 Arch/Owner 4.1.10 Value anal sis(B204TM-2007 Arch/CM 4.1.11 Detailed cost estimatin Arch/CM 4.1.12 On-site ro'ect re resentation B20'T''"'-2008 CM AIA Document 6132T"—2009(formerly 6141 TMCMa—1892).Copyright�1992 and 2009 by The American Institute oi Architects.All rights reserved. Init. ,�+ARNING:This AIA° Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA" ,�2 Ger,i�ine�t or any portion of ii,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law. � This document was produced by AIA software at 13:01:42 on 12I03/2014 under Order No.9301246312_1 which e�ires on 12IO2I2015,and is not for resale. User Notes: (2052353586) 230 __ _ _ - ___ 4.1.13 Conformed construction documents Arch/Owner/CM 4.1.14 As-desi ned record drawin s Architect 4.1.15 As-constructed record drawin s Arch/CM 4.1.76 Post occu anc evaluation Arch/CM 4.1.17 Facili su ort services(B210T^�-2007 Owner 4.1.18 7'enant-related services Owner § 4.1.19 Coordination of Owner's consultants Arch/Owner/ Exhibitor 4.1.20 Telecommunications/data desi Owner/CM 4.1.21 Securit evaluation and lannin B206T"'-2007 Owner/CM 4,1.22 Commissionin B211TM-2007 Architect 4.1.23 Extensive environmentall res onsible desi Not Provided 4.1.24 LEED�certification(B214TM-2012 Not Provided 4.1.25 Historic reservation(B205TM-2007 Not Provided § 4.1.26 Furniture,furnishings,and equipment design Owner �825'3TM-20�� § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the ArchitecYs responsibility,if not further described in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement,without invalidating the Agreement. Except for services required due to the fault of the Architect,any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with reasonable prompfiess and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information,previous instructions or recommendations given by the Construction Manager or the Owner,or approvals given by the Owner,or a material change in the Project including,but not limited to, size,quality,complexity, building systems,the Owner's schedule or budget for Cost of the Work,constructability considerations,procurement or delivery method,or bid packages in addition to those listed in Section 1.1.6; .2 Making revisions in Drawings,Specifications,or other documents(as required pursuant to Section 6.7),when such revisions are reyuired because the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget,except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems,or the kinds and quality of materials,finishes or equipment; .3 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives,such as unique system designs,in-depth material reseazch,energy modeling,or LEED� certification; .4 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes,laws or regulations or official interpretations; .5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part of the Owner,Construction Manager or the Owner's other consultants or contractors; .6 Preparing digital data for transmission to the Owner's consultants and contractors,or to other Owner authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for,and attendance at,a public presentation,meeting or hearing; Init. AIA Document B132T"—2009(formerly B141 T"'CMa—1992�.Copyright O'1992 and 2009 by The American Institute of Architects.All rights reserved. Wl1RNING:This AIA� Document is prptected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution of this AIA" .�.3 Document,ow any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible underthe law. / This document was produced by AIA software at 13:01:42 on 12/03/2014 under Order No.9301246312_1 which e�ires on 12IO2/2015,and is not for resale. User Notes: (2052353586) 231 .9 Preparation for,and attendance at a dispute resolution proceeding or legat proceeding,except where the Architect is party thereto; .10 Evaluation of the qualifications of bidders or persons providing proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .12 Assistance to the Initial Decision Maker,if other than the Architect„ § 4.3.2 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services, notify the Owner with xeasonable prompmess,and explain the facts and circumstances giving rise to the need.If the Owner subsequently determines that all or parts of those services are not required,the Owner shall give prompt written notice to the Architect,and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of seyuence from the initial Project submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a carefui study and comparison of the Contract Documents,field conditions,other Owner-provided information, Contractor-prepared coordination drawings,or prior Project correspondence or documentation; .3 Preparing Change Orders,and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner,Construction Manager or Contractor and making subsequent revisions to Instruments of Service resulting therefrom;or .6 To the extent the Architect's Basic Services are affected,providing Construction Phase Services 60 days after(1)the date of Substantial Completion of the Work or(2)the anticipated date of Substantial Completion,identified in Initial Information,whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached,the Architect shall notify the Owner: .1 As needed ( )reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Contractor .2 Bi-weekly ( )visits to the site by the Architect over the duration of the Project during construction .3 As needed ( )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 As needed ( )inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within Twenty Four (24 )months of the date of this Agreement,through no fault of the Architect,extensioa of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITiES § 5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives, schedule,constraints and criteria,including space requirements and relationships,flexibility, expandability,special equipment,systems and site requirements.Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights. § 5.21'he Owner shall retain a Construction Manager to provide services,duties and responsibilities as described in AIA Document C 132-2009, Standard Form of Agreement Between Owner and Construction Manager.The Owner shall provide the Architect a copy of the executed agreement between the Owner and the Construction Manager,and any further modifications to the agreement. § 5.3 The Owner shall furnish the services of a Construction Manager that shall be responsible for creating the overall Project schedule.The Owner shall adjust the Project schedule,if necessary, as the Project proceeds. AIA Document 8132TM—2009(former►y B141 TMCMa—1992►.Copyright 01992 and 2009 by The American Institute of Architeds.All rights reserved. Init. NIARNING:This AfA' Dor.ument is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction ordistribution ofthis AIA" 14 DccumenY,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible unQer the law. � This document was produced by AIA software at 13:01:42 on 12l0312014 under Order No.9301246312_1 which e�ires on 12I0?J2015,and is not for resale. User Notes: (2052353586) 232 § 5.4 The Owner shall establish and periodically update the Owner's budget for the Project, including(1)the budget for the Cost of the Work as defined in Section 6.1,(2)the Owner's other costs,and(3)reasonable contingencies related to all of these costs.The Owner shall furnish the services of a Construction Manager that shall be responsible for preparing al{estimates of the Cost of the Work.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Architect and the Construction Manager.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. § 5.4.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing etements of the Project prior to the completion of all relevant Construction Documents,and costs for the Contractor to remove and replace previously installed Work. If the Owner selects accelerated,phased or fast-track schedufing,the Owner agrees to include in the budget for the Yroject sufficient contingencies to cover such costs. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project, The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.6 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures; designated wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions and necessary data with respect to existing buildings,other improvements and trees; and information concerning available utility services and lines,both public and private,above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. § 5.7 The Owner shall furnish services of geotec4�nical engineers,which may include but are not limited to test borings,test pits,determinations of soil bearing values,perwlation tests,evaluations of hazazdous materials,seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate recommendations. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request,the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants maintain professional liability insurance and other liabil'sty insurance as appropriate to the services provided. § 5.9 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 5.10 The Owner shall furnish all legal,insurance and accounting services, including auditing services,that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notiee to the Architect and Construction Manager if the Owner becomes aware of any fault or defect in the Project,including errors,omissioas or inconsistencies in the ArchitecYs Instruments of Service. § 5.12 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized,the Owner shall endeavor to communicate with the Contractor through the Construction Manager,and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents.Communications by and with the ArchitecYs consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction,the Owner shail coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. AIA Document 6132T"—2009(fortnerly 6141 TM'CMa—1992).Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved. Init. �n/ARNING:7his AIA Document is protected by U.S.Copyright Law and International TreaGes.Unauthorized reproduction or distribution of this AIA° 15 Document,or any portion of it;may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. � This document was produced by AIA software at 13:01:42 on'12/03/2014 under Order No.93012463'12_1 which e�ires on 12102l2015,and is not tor resale. User Notes: (2052353566) 233 The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shalt provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement,the Cost of the Work shal]be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors' general conditions costs,overhead and profit.Since the Construction Manager is a professional service,no cost will be paid to the Architect for the Construction Managers services and reimbursables.The Gost of the Work does not include the compensation of the Architect,the costs of the land,rights-of-way, financing,contingencies for changes in the Work or other costs that are the responsihility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information,and may be adjusted throughout the Project as required under Sections 5.4 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect,in collaboration with the Construction Manager will confirm the estimate prepared as the Architect progresses with its Basic Services. I § 6.3.1 The Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work,the Architect,in consultation with the Construction Manager,shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget,and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work,the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Architect and Construction Manager,revise the Project program,scope,or qualiTy as reyuired to reduce the Cost of the Work;or .3 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.2,the Architect,without additional compensation,shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Design Development Phase Services,or the budget as adjusted under Section 6.5.1.The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility as a Basic Service under this Article 6. § 6.7 After incorporation of modifications under Section 6.6,the Architect shall,as an Additional Service,make any required revisions to the Drawings,Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner's budget for the Cost of the Work,except when the excess is due to changes initiated by the Architect in scope;basic systems,or the kinds and quality of materials,finishes or equipment. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information,the transmitting party is the copyr'sght owner of such information or has permission from the copyright owner to transmit such information for its use on the Project.If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form,they shall endeavor to establish necessary protocols governing such transmissions. AIA Document 6132T"'—2009(fortnerly 8141 TMCMa—1992).Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved. Init. iJVARNiNG This AIA' Document is protected by U.S.Copyriyht Law and international Treaties.Unauthorized reproduction or distrihution of this AIA� �s [)ocument.or any portion qf it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. � This document was produced by AIA soflware a113:01:42 on 12I03l2014 under Order iJo.9301246312_1 wfiicfi expires on 12IO2/2015,and is not for resale. User Notes: (2052353586) z34 § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similaz purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to use the ArchitecYs Instruments of Service solely and exclusively for purposes of constructing,using,maintaining,altering - and adding to the Project,provided that the Owner substantially perfarms its obligations,including prompt payment of all sums when due,under this Agreement.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Contractor,Construction Manager,Subcontractors, Sub-subcontractors,and material or equipment suppliers,as well as the Owner's consultants and separate contractors,to reproduce appticable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project.If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall tertninate. § i.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service,the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising from such uses.The Owner,to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shalt not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7,4 Except for the licenses granted in this tlrticle 7,no other license or right shall be deemed granted or implied under this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's con sultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action,whether in contract,tort,or otherwise,against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2009,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors,consultants,agents and emptoyees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees hazmless from and against damages,losses and judgments arising from claims by third parties,including reasonable attorneys'fees and expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the Architect,its employees and its consultants in the performance of professional services under this Agreement.The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Architect and Owner waive consequential damages for claims,disputes or other matters in question arising out of or relating to this Agreement.This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination of this Agreement,except as specifically provided in Section 9.7. Init. AIA Document B132T"—2009(formerly 8141T"'CMa—1992).Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved. VVARNING�7his AIA' Document is protected by U.S.Copyright Lew and Intemationai Treaties.Unauthorized reproduction or distribution of this AIA"' �' C)oc,ument.or any portion of it,may result in severe civii and criminal penalties,and will be prosecuted to the maximum extent possible under the law. � This docume�t was produced by AIA software at 13:01:42 on 12I03l2014 under Order No.93�1246312_1 which e�ires on 12/0?I2015,and is not for resale. User Notes: (2052353586) 235 § 8.2 Mediation § 8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution ofthe matter by mediation or by binding dispute resotution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Indushy Mediation Procedures in effect on the date of the Agreement.A request for mediation shall be made in writing,delivered to the other party to the Contract,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this section,the pazties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement ageements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the fol3owing: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) I [ X � Arbitration pursuant to Section S 3 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other: (Spec�) § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any cVaim,dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by, mediation shall be subject to azbitration which shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement,unless the parties mutually agree otherwise.A demand for arbitration shall be made in writing,delivered to the other party to this Agreement,and filed with the person or entity administering the arbitration. § 8.3.1,1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation,but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim,dispute or other matter in question would be barred by the applicable statute of limitations.For statute of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the arbitrat�on shall constitute the institution of legal or equitable proceedings based on the claim,dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. AIA Document B132T"—2009(formerly B141 T'"CMa—1992).Copyright�1992 and 2009 by The American Institule of A�chitects.All rights reserved. Init. wpRNWG:This AlA' Document is protected hy U.S.Copyright law and International Treaties.Unauthorized reproduction or distribution of this AlA" �$ Document,or ariy portio�i of it,may result in severe civil and criminai penaities,and will be prosecuted to the maximum extent possible under the law. � 7his document was produced by AIA software at 13:D1:42 on 12l0312014 under Order No.9301246312_1 which e�ires on 1 210 21201 5,and is not for resale. User Notes: (2052353586) 236 § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation,(2)the arbitrations to be consolidated substantially involve common issues of law or fact,and (3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2�ither party,at its sole discretion,may include by joinder persons or entities substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services,the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.21f the Owner suspends the Project,the Architect sha11 be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumprion of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 [n the event of termination not the fault of the Architect,the Architect shall be compensated for services performed prior to termination,together with Reimbursable Expenses then due and alt Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the ArchitecYs services and include expenses directly attributable to termination for which the Architect is not otherwise compensated,plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located,except that if the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbittation Act shall govern Section 8.3. AIA Document B132T"'—2009(formerly B141 T"CMa—1992).Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved. Init. tVARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"' Document.or any portion af it,may resuit in severe civit and criminal penalties,and will be prosecuted to the maximum extent possible under the law. �9 � This document was produced by AIA software at 13:01:42 on 12/03/2014 under Order No.9301246312_1 which e�ires on 12/02/2015,and is not for resale. User Notes: (2052353586) 237 § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2009,General Conditions of the Contract for Construction. § 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors, assigns and legal representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner reyuests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a caase of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specificaily designated by the other party as"confidential"or "business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to(1)its employees,(2)those who need to know the content of such information in order • to perform services or construction solely and exclusively for the Project,or(3)its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the ArchitecYs Basic Services described under Article 3,the Owner shall compensate the Architect as fol lows: (Insert amount of, or basis for, compensation.) 8%fee based on the construction cost to be paid as follows: Schematic Design 15% Design Development 20% Construction Documents 40% Bidding 5% Construction Administration 20% § 11.2 For Additional Services designated in Section 4.1,the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.If necessary, list specific services to which particular methods of compensation apply.) � 8°/o fee based on the construction cost. § 11.3 For Additional Services that may arise during the course of the Project,including those under Section 4.3,the Owner shall compensate the Architect as follows: (/nsert amount o,f, or basis for, compensation.) AIA Document 8132T'"—2009(formerly 8141 TMCMa—1992).Copyright m 1992 and 2009 by The American Institute of Architects.All rights reserved. Init. WpRNiNG This AiA^ Doc.ument is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribuUon of this AIA" ZO Gocument,or any portion of it,may result in severe civit and criminal penalties,and will be prosecuted to the maximum extent possible under the law. � This document was produced by AIA software at 13:01:42 on 12I03I2014 under Order No.9301246312_1 which expires on 12/02/2015,and is not for resale. UserNotes: (2052353586) 238 � 8%fee based on the construction cost. § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus percent( %),or as otherwise stated below: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase percent ( 15 15%) Design Development Phase percent ( 20 20%) Construction Documents Phase percent ( 40 40%) Bidding or Negotiation Phase percent ( 5 5%) Construction Phase percent ( 20 20%) Total Basic Compensation one hundred percent ( 100 %) The Owner acknowledges that with an accelerated Project delivery or multiple bid package process,the Architect may be providing its services in multiple Phases simultaneously.Therefore,the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services,as appropriate. § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed,compensarion for those portions of the Project shall be payable to the extent services are performed on those portions,in accordance with the schedule set forth in Section 11.5 based on(1)the lowest bona fide bid or negotiated proposal,or(2)if no such bid or proposal is received,the most recent estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants,if any,are set forth below.The rates shall be adjusted in accordance with the ArchitecYs and Architect's consultants'normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate($0.00) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the ArchitecYs consultants directly related to the Project,as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services,dedicated data and communication services,teleconferences,Project Web sites,and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing,reproductions,plots,standard form documents; .5 Postage,handling and delivery; .6 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner; .7 Renderings,models,mock-ups,professional photography,and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professiona]liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and AIA Document B132T'"—2009(fortnerly B141 TMCMa—1992).Copyright m 1992 and 2009 by The American Institute of Architects.All rights reserved. Init. WqRNING�7his AiA° �ocument is protected by U.S.Copyriyht Law and IntemaGOnal Treaties.Unauthorized reproduction or dist�ibution of this AIA"' 2,� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to khe maximum extent possible under the faw. / This document was produced by AIA software at 13:01:42 on 12I03/2014 under Order No.9301246312_1 which expires on 12/02/2015,and is not for resale. User Notes: (2052353586) 239 .11 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shail be the expenses incurred by the Architect and the Architect's consultants plus Ten percent( 10 °/a)of the expenses incurred not to exceed$4,000.00. Mi leage $2,000.00 Printing $1,500.00 Communication $ 250.00 Postage $ 250.00 § 11.9 Compensation for Use of Architect's Instruments of Service If the Owner terminates the Architect for its convenience under Section 9.5,or the Architect terminates this Agreement under Section 9.3,the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing,using and maintaining the Project as fol lows: § 11.10 Payments to the Architect § 11.10.1 An initial payment of Zero ($0.00 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid Sixty ( 60 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert r•ate of monthly or annual interest agreed upon.) � 1.5 %monthly § 11.10.3 The Owner shall not withhold amounts from the ArchitecYs compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses,expenses pertaining to Additional Services,and services performed on the basis of hourly rates shal] be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 132T"�2009,Standard Form Agreement Between Owner and Architect, Construction Manager as Adviser Edition • I .2 (Paragraphs deleted) AIA Document 6132T"—2009(fortnerly 8141 T"CMa—1992�.Copyright�1992 and 2009 by The American Institute of Architects.Ail rights reserved. Init. wqRNING:This AIA° Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized reproduction or distribution of this AIA" 22 Document,or any portion of it,may res�dt in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. � This document was produced by AIA software at 13:01:42 on 12/03/2014 under Order No.9301246312_1 which e�ires on 12/02I2015,and is not for resale. UserNotes: (2052353586) 240 `I'his Agreement is entered into as ofthe day and year first written above. OWNER(Signature) ARCHITECT (Signature) Paul Anderson,Architect (Printed name and title) (Printed name and title) Init. AIA Document B�32T"'—2009(fortnerly 6141 T'"CMa—1992).Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved. WAfthiNG:This A1A' Document is protected by U.S.Copyright Law and InternaUonal Treaties.Unauthorized reproduction or distribution of this AIA" 23 Qacument,er any portion of it,may resuit in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. � This document was produced by AIA software at 13:01:42 on 12/03/2014 under Order No.9301246312_1 which expires on 12IO2I2015,and is not for resale. User Notes: (2052353586) 241 Additions and Deletions Report for AIA°Document B 132T M'— ZOO9 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted te�is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 13:01:42 on 12/03/2014. PAGE 1 AGREEMENT made as of the Ninth day of December in the year 2014 City of Fridley 6431 University Avenue NW Fridley,MN 55432 Partners&Sirny LLP 212 West Franklin Avenue Minneat�olis,MN 55404 "Cele hone Number: 612-341-1070 Sprin�brook Nature Center 100 85th AvenueNW Fridlev,MN 55432 Addition and Remodel �DS Builders,Ina 404A Saint Croix Trail North Lakeland.MN 55043 PAGE 2 TBD As determined bv Owner's Construction Manager in collaboration with the Architect Desi Team Schematic Desi�n Phase Com�letion December 29 2014 Desien Development Phase Completion Januarv 22 2014 Construction Documents Phase Comnletion Februarv 23 2015 Additions and Deletions Report for AIA Oocument 6132T"—2009(fortnerly 8141 T"CMa—1992).Copyright�1992 and 2009 by The American Institute ot Architects.AU rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright l.aw and International Treaties.Unauthorized ,� �eproduction or distribution of this AIA=' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to [h�rtiazimum extent possible under the law.This document was produced by AIA software at 13:01:42 on 12/03/2014 under Order No.9301246312 1 which expires on 12/OZ2015,and is not for resale. User Motes: (2052353586) 242 PAG E 3 Mid Apri12015 . June 2016 [ X J Multiple Prime Contractors Farl Doc Smith EDS Builders,Inc, 404A Saint Croix Trail North Lakeland,MN 55043 PAGE 4 AllPhase Companies,Inc. 404-A St.Croix Trl N. Lakeland,MN 55043 Rennie Smith 651-436-2930 Paul Anderson 212 West Franklin Avenue Minneanolis,MN 55404 Telephone Number: 612-341-1070 Email Address:pandersonna,partnersandsirnv.com .1 Structural Engineer and Civil Engineer: BKBM En ineers Ron LaMere—Structural Joel Maier-Civil 5930 Brooklvn Boulevard Minneavolis,MN 55429 763-843-0420 PAGE 5 Engineerine DesiQn Initiative Larrv Svitak 1112 North 5�'Street Minneapolis,MN 55411 612-343-5965 Additions and Deletions Report for AIA Document 6132T"`—2009(fortnerly 8141 T"'CMa—1992).Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2 reproduction or distribution of this AIA" Document,or any portion of it,may resuit in severe civil and criminal penafties,and will be prosecuted to the maximum extent r�ossible under tfie law.This document was produced by AIA software at 13:01:42 on 12/03/2014 under Order No.9301246312 1 which expires on 12/02/2015,and is not for resale. UserNotes: (2052353586) 243 .3 Electrical Engineer: En�ineerin�Design Tnitiative Ja H�ruby 1112 North 5�' Street Minneapolis,MN 55411 612-343-5965 .4 Fire Protection En ineer: En�ineerin�Design Initiative Steve Schreurs � I 112 North 5�' Street `_` Minneapolis MN 55411 612-343-5965 .5 Landscape Architect• Hoisin�ton Koegler Grou� Inc Brvan Harjes .... _ 123 North Third Street Suite 100 Minneanolis MN 55401 612-338-0800 PAGE 6 § 2.6.1 Comprehensive General Liability with policy limits of not less than Two Million ($2,000,000.00 )for each occurrence and in the aggregate for bodily injury and property damage, § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than One Hundred Thousand ($ 100,000.00 ). § 2.6.5 Professiona] Liability covering the Architect's negligent acts, errors and omissions in its performance of professional services with policy limits of not less than Five Hundred Thousand ($ 500,000.00 )per claim and in the aggregate. § 3.1.3 z4s-see�-a , `"�°`-.F^':�„ "�°�°�-�� T'�°��'-�a..,�The schedule,as discussed in the interview are set ofthe Architect's services shall include design milestone dates,anticipated dates when cost estimates or design reviews may occur,ar�d aliowances for periods oftime required(1)for the Owner's review,(2)for the Construction Manager's review,(3) for the performance of the Owner's consultants,and(4)for approval of submissions by authorities having jurisdiction over the Project. PAGE 7 §3.1.5 Once the Owner and the Architect agree to the time limits established by the Project sehedule,the Owner and the Architect shall not exceed them,except for reasonable cause. The timeline has been set. PAGE 8 § 3.3.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work pursuant to 5ection 5.4,the Architect shall prepare Design Devetopment Documents for the Owner's approval and the Construction Manager's review.The Design Development Documents shall be based upon information provided,and , Additions and Deletions RepoR for AIA Document 6132T"—2008(fortnerly 8141 TMCMa—1992).Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIAt Document is protected by U.S.Copyright�aw and International Treaties.Unauthorized 3 reproduction or distribution of this AIA� Oocument,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximuni extent possib{e untler the law.This document was produced by AIA software at 13:01:42 on 12/0312014 under Order No.9301246312 1 which expires on 12/02/2015,and is not for resale. — User Notes; (2052353586) 244 the Architect will prepare the estimate in collaboration with the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural,mechanical and electrical systems, and such other elements as may be appropriate.The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.3�et�-rteeei��-e�The Architect in collaboration with the Construction Manager's' will estimate at the conclusion of the Design Development Phase,and will be verified,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval of the Design Development Documents. PAGE 9 § 3.4.5�iot�-�esei ' ' ' ' The Architect in collaboration with the Construction Mana e�estimate at the conclusion of the Construction Documents Phase,and wiil be verified,the Architect shall take action as required under Section 6.7 and request the Owner's approval of the Construction Documents. PAGE 10 § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,or as otherwise required in Section 4.3.3,to become generally familiar with the progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of the site visits,the Architect shall keep the Owner and Construction Mana�er reasonably informed about the progress and quality of the portion of the Work completed,and report to the Owner and the Construction Manager(l)known deviations from the Contract Documents and from the most recent construction schedule,and (2)defects and deficiencies observed in the Work. PAGE 12 3 6 5 4 Field Orders may be approved bv the Architect Design Team,and Owner to keep the nroiect movin�. § 3.6.6.3 When the Work is found to be substantially complete by the Construction Manager and Architect,and after certification by the Construction Manager a►�d the Architect,the Architect shall inform the Owner and Construction Manager about the balance of the Contract Sum remaining to be paid the Contractor,including the amount to be retained from the Contract Sum,if any,for final completion or correction of the Work. ARTI66€-�l ��TIAAIAI CCD\/1!`C ARTICLE 4 BASIC SERVICES § 4.1 t�' ' ' ' ' � � � .Basic Services listed below are not Additional Services.The Architect sha11 provide the listed , . n..,.l„zrrciriic°.zi_'n�=pi�,.:�oa co,..:,, �� 7 . . > �de�-t#�e-e�H-}bit�Services below. Additions and Deletions RepoR for AIA Document 6132TM—2009(formerly 6741 T"CMa—1992).Copyright�1992 and 2009 by The American Institute of Architecis.All rights reserved.WARNING:This AIA"' Document is protected by U.S.Copyright Law and international Treaties.Unauthorized 4 reproducYion or distribution of this AIA'' Document,or any portion of it,may resuli in severe civi�and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced byAlA software at 13:01:42 on 12l03/2014 under Order No.9301246312_1 which expires on 12/02/2015,and is not for resale. User Notes: (2052353586) 245 4.1.1 Pro rammin (B202T"'-2009 Arch/Owner/CM 4.1.2 Multiple reliminar desi s Arch/Owner/CM 4.1.3 Measured drawin s Architect 4.1.4 Existin facilities surve. s Arch/Owner 4.1.5 Site evaluation and lannin B203TM-2007 Arch/Owner/CM 4.1.6 Buildin Information Modelin E202TM-2008 Arch/Owner/CM § 4.1.7 Civil en ineerin Architect 4.1.8 Landsca e desi Architect 4.1.9 Architectural interior desi (B252T^'-2007 Arch/Owner 4.1.10 Value anal sis B204TM-2007 Arch/CM 4.1.11 Detailed cost estimatin Arch/CM 4.1.12 On-site ro'ect re resentation(B207''M-2008 CM 4.1.13 Conformed construction documents Arch/Owner/CM § 4.1.14 As-desi ned record drawin s Architect 4.1.15 As-constructed record drawin s Arch/CM 4.1.16 Post occu anc evaluation Arch/CM 4.1.17 Facili su ort services(B210T'`'L2007 Owner 4.1.18 Tenant-related services Owner § 4.1.19 Coordination of Owner's consultants Arch/Owner/ Exhibitor 4.1.20 Telecommunications/data desi Owner/CM 4.1.21 Securi evaluation and lannin B206TM-2007 Owner/CM 4.1.22 Commissionin (B211T"'-2007 Architect § 4.1.23 Gxtensive environmentall res onsible desi Not Provided 4.1.24 LEED�certification B214TM-2012 Not Provided 4.1.25 Historic reservation(B205T"'-2007) Not Provided § 4.1.26 Furniture,furnishings,and equipment design Owner (B253TM-2007) PAGE 14 .1 As needed ( )reviews of each Shop Drawing,Product Data item,sample and similaz submittals of the Contractor .2 Bi-weeklv ( )visits to the site by the Architect over the duration of the Project during construction .3 As needed ( )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 As needed ( )inspections for any portion of the Work to determine final completion § 4.3.4 lf the services covered by this Agreement have not been completed within Twentv Four (24 months of the date of this Agreement,through no fault of the Architect,extension of the ArchitecYs services beyond that time shall be compensated as Additional Services. PAGE 16 § 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors'general conditions COStS,overhead and profit.T n t r.- ix� i � a .�- r �+: ^�'��r''^ �*�^': ��^ ^a �� > . Since the Construction Mana�er is a professional service,no cost will be paid to the Architect for the Construction Managers services and reimbursables.The Cost of the Work does not include the compensation of the Architect,the costs of the land,rights-of-way,financing,contingencies for changes in the Work or other costs that aze the responsibility of the Owner. Additions and Deltstions Report for AIA Document 6132T"'—2009(fortnerly 8141 T"'CMa—1992).Copyright�1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and Internationai Treaties.Unauthorized 5 rep:oduction or distribution of this AIAk' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to ,ht inaximum extent poss+ble under the law.This document was produced byAIA software at 13:01:42 on 12/0312014 under Order No.9301246312_1 which expires on 12/02/2015,and is not for resale. User Notes: (2052353586) , 246 § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The ^~��:*°�'°'��" '�� e�ares-Architect,in collaboration with the Construction Manager will confirm the estimate prevared as the Architect progresses with its Basic Services. , , i�seE�lete� . �9t'-tk1@-�4f-6�tt26*'•. ,. :a., o ..io.: „f:r� I,,,.,.o„��_r6o n..,.w:.o,.«..ti.,ii..e...,.'..,..wo n....,e.., . b` mY r �� ..4e� n� l'IiRCO� • § 6.3.1 °:°*°"°�...°°� '"°The Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. PAGE 18 [ X ] Arbitration pursuant to Section 8.3 of this Agreement PAGE 20 8%fee based on the construction cost to be paid as follows: Schematic Design 15% Design Development 20°/a Construction Documents 40% Biddin� 5% Construction Administration 20% 8%fee based on the construction cost. PAGE 21 8%fee based on the construction cost. Schematic Design Phase percent ( 15 °�15% � Design Development Phase percent ( 20 �kj20% � Construction Documents Phase percent ( 40 �40% � Bidding or Negotiation Phase percent ( 5 °�5% Construction Phase percent ( 20 �20% � PAGE 22 § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus pe�se�rt�- °=`�f''-°°°~°~°°°:~^^rr°�:Ten percent( 10 %)of the expenses incurred not to exceed $4,000.00. Mileage $2,000.00 Printing $1,500.00 Communication $ 250.00 Additions and Deletions Report for AIA Document B132T'"-2009(fortnerly 8141 T"CMa-1992).Copyright O'1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized s rk:production or distribution of this AIA�" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximwn extent possible under the Iaw.This document was produced by AIA software at 13:01:42 on 12/03/2014 under Order No.9301246312_1 which expires on 12/02/2015,and is not for resale. User Notes: (2052353566) 247 Posta�e $ 250.00 § 11.10.1 An initial payment of Zero ($0.00 shall be made upon execution of this Agreement and is the minimum payment under this Agreement.It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid Six_ t1, ( 60 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. l.5 %monthl .2 f�-ri vvE�22R�z�rna �nn� 7�'..�+ 1 n..r.,n..,..,...,.1 n.,t.;t�;+ ;fr � ,,....—��„�o... e '� A T A Tl t L'7l17TM �nno D '1.7' Q i F 4'o.�-�A�+.7o1: v D....�., ..1 L`.,1.:1.:• :C.. ..loto.l ..rl.o itl1-t�g .4- �t�32[�oE�32t3E� PAGE 23 Paul Anderson,Architect Additions and Deletions Report for AIA Document B132T"'—2009(formerly B147 TM'CMa—1992).Copyright 0 1992 and 2009 by The American Institute of Architects.All rights reserved.WARNING:This AIA`�' Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized 7 reproducYion or distribution of this AIA"' Document,or any portion of it,may result in severe civil and crimfnal penalties,and will be prosecuted to t;ie maximuin extent possible under the law.This document was produced byAlA software at 13:01:42 on 12I03l2014 under Order No.9301246312_1 which expires on 12/02/2015,and is not for resale. User Notes: (2052353586) 248 Certification of Document's Aufhenticiiy AIA� Document D401 T"" — 2003 l,Earl Doc Smith,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 13:01:42 on 12/03/2014 under Order No. 9301246312_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA�Document B132TM—2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition,as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 T'"—2003.Copyright�'1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA^- Document is prr,tected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA� Document,or any portion of it, � rnay result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:01:42 on 12/03/2014 under Order No.9301246312_1 which e�ires on 12/02/2015,and is not for resale. User Notes: (2052353586) 249 � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 8, 2014 �Nr ar Fridley INFORMAL STATUS REPORTS 250 .R.�,�� b y ��y , ��1 ia-�-�� Hello My name is Sam Stoxen and I am on the Environmental Quality and Energy Committee that voted to move forward on the Organized Collection proposal. The main reason I feel that organized collections is a better system than the current system is because of the long term cost savings to private citizens as well as the city of Fridley. Calculations based on vehicle axel weight show wear on roads from a single garbage truck equates to between 857-2286 cars. If 5 garbage haulers are traveling the same street once a week that adds up to between 4,285-11,430 car equivalents of additional wear. Additionally a study conducted in Roseville found that garbage truck speed was highly correlated with road wear and damage to streets increased by 50-100% based on speed of the vehicle. They found that the faster a truck was moving between stops the more wear there was on the road and conversely if a truck stops at every house they don't have a chance to make it to the high speeds where the most damage to the streets occurs. Between 2004-2013 improvements to Fridley streets have cost approximately$14.2 million in milling, curbing, paving, reclamation and ADA upgrades. The bottom line is that less traffic equals less money spent on road repair. It seems an easy way to cut down on road repair is to find ways to restrict the movement of these heavier vehicles without disrupting daily life. The zoning of garbage haulers is one way that we can easily accomplish this objective. I know there is a group of fear mongers getting people all riled up about government trying to take away their freedom of choice but I find this ridiculous. I don't get to choose who picks up my recycling,who plows the snow from the street in front of my house or what aquifer my water is coming from but its not causing my life any discomfort. I hope the ciry council can look past the small group of loud citizens and make a decision for our community that is best for the masses. 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