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CCA 12/12/2016 iZilaCITY COUNCIL MEETING OF DECEMBER 12, 2016 ��Y 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) COUNCIL CONFERENCE MEETING (5:30 P.M.) 1. Interview Applicants for Vacancy on the Environmental Quality and Energy Commission. 2. City Manager's Employment Agreement Extension. 3. City Attorney's Services Agreement Extension. 4. Special Assessment Policy. PLEDGE OF ALLEGIANCE. PRESENTATION: Allina Health: One Hospital, Two Campuses APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 28, 2016 1 - 12 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2016 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 205.30 0-5, Telecommunications Towers and Facilities District, to Add Language to the Code the Defines and Regulates "Small Cell" Technology within the Right-of-Way, as Well as Other General Housekeeping Amendments; and Adopt Official Title and Summary Ordinance 13 - 31 NEW BUSINESS: 2. Approve Legal Services Agreement Extension between the City of Fridley and LeVander, Gillen & Miller, P.A. 32 - 40 3. Approve Employment Agreement Extension between the City of Fridley and Walter Wysopal 41 - 66 4. Resolution Authorizing the Fridley City Prosecutor to Enter Into and Execute the Master Service Agreement for Minnesota Court Data Services for Governmental Agencies 67 - 82 5. Claims (174886 - 175039) 83 - 106 6. License 107 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2016 PAGE 3 ADOPTION OF AGENDA: 2017 BUDGET AND PROPERTY TAX PUBLIC MEETING: 7. Presentation of the 2017 City of Fridley Budget 108 NEW BUSINESS: 8. Resolution Receiving Report and Calling Hearing on Improvement for Street Rehabilitation Project No. ST. 2017-01 (Ward 2) 109 - 130 9. Appointment to Environmental Quality and Energy Commission 131 10. Informal Status Reports 132 ADJOURN. ((- 7 4 ridley FRIDLEY CITY COUNCIL MEETING OF DECEMBER 12, 2016 7:00 p.m. — City Council Chambers Attendance Sheet Please print name, address and item number you are interested in. Print Name (Clearly) Address Item No. ) 1?A z.. a iln 4 c`�c.L mac,_t) 1-/-1, ' R t e_c& a r-i 3 t.P.1 v ,A A C /4 --h, r:sio- / -3 J7-64,r`" A v , 71/. -- (,) V(.) nom+\1)\1\ 4 tClo Me/n ytke S1J itiE 0 G1 g TG r1 LC;41 L'I-1-(13 2- '`Z V+-. Al{ CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 28,2016 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:05 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Kay Qualley, Environmental Planner Scott Hickok, Community Development Director James Kosluchar, Public Works Director Shelly Peterson, Finance Director Brian Reilly, Ehlers and Associates, Inc. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 24, 2016. (Tabled November 14, 2016) Councilmember Bolkcom referred to Page 7 and stated "Mr. Qualley" should be "Ms. Qualley". APPROVED AS CORRECTED. City Council Meeting of November 14,2016. Councilmember Saefke referred to Page 31, paragraph 5, line 1, and stated the word "the" should be inserted before "fire station". APPROVED AS CORRECTED. OLD BUSINESS: 1. Second Reading of an Ordinance Opting Out of the Requirements of Minnesota Statutes, Section 462.3593, which Defines and Regulates Temporary Health Care Dwellings. 1 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 28,2016 PAGE 2 WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1338 ON SECOND READING AND ORDERED PUBLICATION. 2. Second Reading of an Ordinance Amending Fridley City Code, Chapter 113, Solid Waste Disposal and Recycling Collection; and Adopt Official Title and Summary Ordinance. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1339 AND THE OFFICIAL TITLE AND SUMMARY ORDINANCE AND ORDERED PUBLICATION. NEW BUSINESS: 3. Resolution Confirming Statutory Level of Tort Limits. ADOPTED RESOLUTION NO. 2016-69. 4. Approve an Easement and Indemnification Agreement with Fridley Assisted Living. APPROVED. 5. Authorize Issuance of an Estoppel Certificate Relating to the Fridley Assisted Living Property. APPROVED. 6. Receive Bids and Award the Main Street Bridge Project ST2015-21. Mr. Wysopal stated staff recommends awarding the contract for the Main Street Bridge Project to the low bidder, S.M. Hentges & Son, Inc. for $1,882,486.05, with a start date in the spring of 2017. RECEIVED THE BIDS AND AWARDED THE CONTRACT FOR THE MAIN STREET BRIDGE PROJECT NO. ST2015-21 TO S.M. HENTGES & SON, INC. 7. Claims (ACH PCard - 1611; 174764-174885). APPROVED. 2 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 28,2016 PAGE 3 8. Estimates Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 2016 Street Rehabilitation Project No. 2016-01 Estimate No. 6 $ 35,933.38 Keys Well Drilling 1156 Homer Street St. Paul, MN 55116-3232 2016 Well Rehabilitation Project No. 448 Estimate No. 5 $ 11,542.50 Keys Well Drilling 1156 Homer Street St. Paul, MN 55116-3232 2016 Well Rehabilitation Project No. 448 Estimate No. 6 $ 31,321.50 APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. 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 AGENDA: MOTION by Councilmember Bolkcom to approve the Agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 28,2016 PAGE 4 NEW BUSINESS: 9. First Reading of an Ordinance Amending Chapter 205.30 0-5, Telecommunications Towers and Facilities District, to Add Language to the Code that Defines and Regulates "Small Cell" Technology within the Right-of-Way, as Well as Other General Housekeeping Amendments. Scott Hickok, Community Development Director, said in December of last year, the City adopted a resolution to study small cell technology. Staff wanted to take a look at small cell technology, at what it would do in terms of the City existing telecommunications' ordinance and what amendments would be necessary. Mr. Hickok stated after reviewing this chapter, staff determined there were some changes that should be made to the City's ordinance. Staff brought those to the Planning Commission at its meeting on October 19. The Planning Commission concurred with staffs recommendation and unanimously recommended approval of the text amendment which really clearly marked what the City would do with small cell technology in the public right-of-ways within the City. Mr. Hickok stated a public hearing was held at the City Council meeting on November 14. No one from the audience spoke MOTION by Councilmember Varichak to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Approve Adjustments to the 2017-2021 Capital Investment Program to Carry Forward Storm Water Projects. Shelly Peterson, Finance Director, stated earlier this year, Council approved the Capital Investment Plan. It is a plan document incorporated into the budget,which will be presented to the City Council next month. During the budget process, staff identified two projects that had been approved in 2014 which had not been completed nor were they carried forward. Therefore, James Kosluchar is presenting to the Council two additional projects within the Storm Water Fund he would like to incorporate the Capital Investment Plan. Staff recommends approval of these additions to the Capital Investment Plan. Councilmember Bolkcom asked since one of them is related to the Stonybrook Flood Project, which is Beech Street, do they approve this knowing there may be other things to be done. There is future work that needs to be identified. Mr. Wysopal asked Councilmember Bolkcom to repeat her question. Councilmember Bolkcom stated one of the projects that is before them now is the Stonybrook Flood Control. With respect to several of the owner on Beech Street who had problems, where 4 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 28, 2016 PAGE 5 do they go if this is only a portion of what needs to be identified? She asked how that worked. Do they fix a portion and then identify more that would be added to future years? She asked when they thought they would be doing a portion of it. James Kosluchar, Public Works Director, said until the City gets a firm funding commitment from Anoka County they would not want to put together a schedule. They have contacted the County. If there is a possibility to advance the project into 2017, there is a portion of the funding that would be from the County Highway Department and possibly the Coon Creek Watershed District. The City is going to retain a portion of the project funding. This is the best way to move the project forward into 2017 for construction. Councilmember Bolkcom stated basically it is just putting this capital improvement out before them and, then as things progress and there are more costs and cost sharing and that type of thing, this would be brought back to Council. They are not really ordering the project. They are just putting this on as a capital improvement. Mr. Kosluchar replied correct. Mayor Lund stated he thought what Councilmember Bolkcom was asking was, if staff wishes this project move forward in 2017, how much of the project is related to the overall problem on Beech Street? Mr. Kosluchar replied, he would say that what they are attempting to do with the project is to specifically alleviate the flooding condition there. Their original plan was to incorporate that into the 2014 street project. Unfortunately, they could not find an opportunity there. They found some vacant parcels. Physically they do not work. The alternative versus increasing downstream capacity would be to build storage somewhere close to where these businesses stand, and there was no property suitable for that without condemning several properties. This would have meant millions of dollars for a project they are suspecting right now is probably going to be in the $200,000 to $300,000 range. Councilmember Bolkcom asked if they were putting a band aid on something. Mr. Kosluchar replied the most cost-effective way to alleviate their flooding is to increase the downstream capacity. Councilmember Bolkcom stated then they really need to have a buy-in from Anoka County and the Highway Department. Mr. Kosluchar replied correct. Councilmember Bolkcom stated and with respect to the Oak Glen Creek Watershed, they have some commitment though from the Watershed, correct. Mr. Kosluchar replied correct. 5 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 28,2016 PAGE 6 MOTION by Councilmember Bolkcom to approve the adjustments to the 2017-2021 Capital Investment Program to Carry Forward Storm Water Projects. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Resolution Providing for the Sale of $50,505,000 General Obligation Capital Improvement Plan Bonds, Series 2017A. Ms. Peterson stated on November 14, Council approved the Capital Improvement Plan and gave preliminary approval of the financing. That CIP document identified one project area known as the Civic Complex Redevelopment project area which includes Police, Fire, Public Works, and City Hall facilities. The proposed levy adopted in September included the debt service for the repayment of the CIP bonds intended to fund the project. Included in the documentation is the presale report. This document provides an executive summary related to the type of debt, the issuance schedule, and debt schedules including current rate assumption. Brian Reilly from Ehlers & Associates, Inc. will provide an update on the bond rate. Mayor Lund stated when he looked at the interest rate accumulating for 25 years, it started out at 1.01 and it went to the 25th year to about 3.5. Based on the latest chart the interest rate has gone up. The first year shows 1.45% and it increases to 4.1%. Brian Reilly, Ehlers & Associates, Inc., replied they do have some cushion in there over current market rates. However, in terms of gauging the impact, during the last four weeks, rates are up anywhere from a quarter of a point to nearly one-half of a point give or take the maturity. What they are seeing is accurate in terms of recent market movement looking back even all the way to June. September was the low point for interest rates during the last six months. After the election, they saw the impact of really quite a volatile interest rate environment in terms of upward movement. Looking at rates today in relationship to even where they had been previously, the 30-year treasury is still just under 3 percent. The 10-year treasury is about 2.3 percent. If you take a step back and look at it historically, they are still under a really excellent interest rate environment as far as that is concerned Mayor Lund stated so it can fluctuate every day. Mr. Reilly replied it does fluctuate every day. There was about 2 to 2 '/2 weeks where they saw the dramatic moves and they have stabilized in the last two weeks. Given that it was a holiday late last week, there was not a lot of market activity. He said he did look back about a month. Those sales in terms of the interest rate scales that Mayor Lund referenced are up about a quarter point from where things were about a month ago in relationship to comparable ratings that they were looking at in the AA range here today. They are still seeing strong interest in purchasers. Each of those transactions had six bids from interested parties which is quite strong. If there was a tremendous amount of volatility uncertainty, you really would not see that kind of interest in owning those bonds. You would see people backing off from submitting proposals for purchase. 6 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 28,2016 PAGE 7 Mayor Lund asked whether Mr. Reilly had any input as to direction of this type of funding, financing or bonding for the near term--now and in the next six months. Mr. Reilly replied, in the case of the calendar they are looking at where they would anticipate coming back to the Council in early January potentially with a bond sale on the petition period which will expire in mid-December, they are already well along with the planning stage to get everything pulled together. They will have a discussion with the rating agency which will dictate to some extent what the funding costs will be; however, he would say in looking forward in time is the reactions that have occurred are generally likely to hold here for some time. It will not be until the new Congress comes in where some actual proposals are set. Everything right now is based upon estimation of what the next government that will be installed here might do, but no one can say for sure. Even if things are proposed, it will literally take months and months for them to unfold. They do not have a lot of concern that any major tax proposals would lessen the value of tax exempt interest. If tax rates are reduced, that reduces the value of tax exempt income generally; however, none of that is going to happen between now and early January. Mr. Reilly stated he suspects that they are in a bit of a range here. The markets do slow down quite a bit in terms of activity. They will see a bit of a flood of issuance happening maybe early December as they try to hit calendar year end and things will get very quiet into the end of the year. He cannot guarantee results going into January, but generally January has been a pretty good month to be an issuer the last number of years. They generally hear it called the January effect. It has been a good month to be an issuer because there is not a lot of activity. A lot of money is coming back to investors around the November-December timeframe so they are looking to reinvest, and a lot of people have not really squared up their tax situation so then you see kind of that March-April timeframe being a point in time where people start to gather more cash because they have to pay the federal government their tax bill from the previous calendar year. Mr. Reilly stated he wished he had a better answer, but things have not moved around a lot in the last couple of weeks after the initial thrust. On the plus side, they will see what happens in December with the federal reserve action. They have told him it is highly likely they are going to raise short-term rates and that will impact on the positive side because it is going to No. 1, bring hopefully high revenues to the City's cash balances but, No. 2, it will get a substantial amount of money at closing which, sure it will be spent, but it will also get invested at the same time as well. That is going to garner some additional return to fund the City's project over and above what is going to be borrowed. And it will not impact as greatly the City's financing because it is borrowing long-term and is really short-term interest. MOTION by Councilmember Barnette to adopt Resolution No. 2016-70. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 28,2016 PAGE 8 12. Resolution Providing for Water, Sewer and Storm Water Utility Rate Change. Shelly Peterson, Finance Director, stated staff worked with the 5-year pro forma to determine the breakeven point for all three of the utility enterprise funds for 2017. In addition, staff updated the 20-year long-range forecasts to aid in estimating both long-term operating and other capital needs, to help guide them with the rates. 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. Ms. Peterson stated for the City's water utility funds over the past several years they have seen consumption steadily declining. In 2015 there was a slight increase over the prior years so staff used a three-year average in determining the residential consumption. To put in perspective the decline in consumption, the average residential consumer uses 64.5 gallons of water per day; and Met Council recommends 75 gallons per day for a conservative resident. Not only are they struggling with the declining consumption, it looks like the trend is residential customers use consistently less than many of the City's neighboring communities. Ms. Peterson stated with significant capital and infrastructure projects continuing in 2016 and through 2018, they are anticipating spending $1.6 million in 2016. For 2017 the capital investment plan shows $1.7 million in projects, and in 2018 they are projecting nearly $2 million in projects. Staff is proposing a 9 percent increase in utility rates; and the average residential household would pay $15 annually. Ms. Peterson stated within the City's sewer funds, consumption is directly related to water consumption. This year, staff used a three-year average which was slightly higher than prior years. Met Council charges disposal fees to the City; and they make up nearly 80 percent of the storm water operating budget. Overall Met Council is collecting 5.4 percent more in disposal fees, but Fridley is expected to only pay 4.9 percent more in 2017. Ms. Peterson stated also in 2017 there is a significant capital investment plan project. It is $615,000 and part of the street initiative every other year where the City works on its sewer system. All of these things result in a proposed rate increase of 9 percent for next year, and the average residential household would see $29 more annually on their utility bills. Ms. Peterson stated as to the storm sewer fund, in 2015 to better align with expenditures, there was a significant increase in rates-75%. In 2016, staff proposed no rate increase. The City had two additional capital investment plan projects identified for 2017 which were presented earlier in the meeting. With those projects staff is proposing a 4 percent increase in rates for next year which amounts to $1.50 annually for a residential customer. Ms. Peterson stated the proposed rate increases are as follows: a 9 percent increase or $15 per year for water for the average household; a 9 percent increase in the sewer fund or $29 annually per household; and in the storm water fund a 4 percent increase or $1.50 per year more per household. An average household is based on 20,000 gallons per quarter. In total, this is estimated to impact the average residential customer quarterly by $11. 8 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 28,2016 PAGE 9 Ms. Peterson stated staff is recommending approval of the resolution providing for water, sewer, and storm water utility rate changes. MOTION by Councilmember Saefke to adopt Resolution No. 2016-71. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Resolution in Support of 2017 SWAP Fee. Kay Qualley, Environmental Planner, stated curbside recycling fees from the City's vendor, Republic, which has a contract for City curbside recycling services through 2019 increases each year. The City's contract will increase from $7.53 per household per quarter to $7.68 per household per quarter effective April 2017. However, Charter restrictions do not allow the City to increase billing rates even though it is billed along with the utilities. It is at a current rate at $7.86 per household per quarter, and the vendor rates go up each year for the next two years. This will be an ongoing problem. Ms. Qualley stated recycling program is also augmented through SCORE funds in Anoka County. SCORE stands for Select Committee on Recycling and the Environment. It is a State program that funnels down to the County which then designs programs to help cities achieve tonnage goals and remove recycles from the waste stream toward achieving 2030 goals of 75 percent diversion through a variety of recycling techniques. Ms. Qualley stated SCORE funds are variable each year and are heavily weighted now in favor of organics as the next coming waste stream for removal from garbage and mixed municipal solid waste. It cannot pay for all the expenses from the recycling drop-off, billing and collection for recycling, curbside resident services, parks recycling, apartment recycling, inspections, educational materials, and website updates and so on. Ms. Qualley stated the City's curbside fees cannot be raised even though the City's costs are increasing. The other thing that is kind of a major part of the SCORE program is drop-off participation is increasing which is a good thing, In the last couple of years, the City has gone from 500 cars for a spring event to 618 cars. Unfortunately, even though the City went out on an RFP last year, the electronics collection fees for disposal have increased dramatically. The spring drop-off event went from about a $9,000 charge to a $24,000 charge to provide this service to the community. The City had to increase the fees for mattresses and electronics for the last two events. In the fall, fewer mattresses were collected because the price went up. Ms. Qualley stated this can have a community impact in terms of code enforcement and apartments. Staff received a call that people were taking their license plates off their cars, and dumping mattresses next to apartment buildings in the southern part of the City. Pulling 100 mattresses at an event out of the City is a big deal, and there is more to be done. 9 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 28,2016 PAGE 10 Ms. Qualley stated staff will work as fast and hard as they can in the time that they can, but they also have to have a way to operate. If the City increases fees further, it may have a negative effect on what people bring because when the City has more free stuff, more tonnage appears. MOTION by Councilmember Bolkcom to adopt Resolution No. 2016-72. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Approve a Memorandum of Understanding for the Oak Glen Creek Pond Expansion Project. James Kosluchar, Director of Public Works, stated staff has essentially been working with the owners at the current Treehouse Food site defining project performance and responsibilities for the Oak Glen Creek Pond expansion project. Treehouse Foods is formerly known as McGlynn's Bakery, ConAgra, and then Pillsbury before that. Treehouse Foods has been there since earlier this year. Staff has been working with a bunch of different people as the property changed hands. The attached Memorandum of Understanding (MOU) summarizes the project and partner activities going forward, and the project has received Clean Water Project funding allocation for water quality elements. It also helps to alleviate flooding issues. The City working with Wenck Associates has developed a preliminary design. The project includes four basic elements which includes (1) a storm water pond with iron-enhanced sand filter. That is a water quality element and also flood storage element; (2) improved inlets at Commerce Lane and that is along the front of the property to increase capacity; (3) the separation of outfall piping across the BNSF Railroad; and (4) storm sewer trunk line diversion. Mr. Kosluchar stated the City will administer the design and construction including inspection and engineering. Treehouse Foods will donate property needed for the pond and other improvements by deed or permanent easement. Treehouse Foods would fund the cost of the storm sewer trunk line diversion estimated at just over $460,000. The City with its grants and matching funds available will fund the remaining improvements which are currently estimated at $961,000. This presumes a grant funding of$517,780 applied to the project. Mr. Kosluchar stated the City would abandon and reestablish its easements for the storm sewer diversion. The City would provide all future maintenance of the trunk storm sewer as it does now, and for the pond. There would be a little increase in maintenance because of the pond area. Maintenance of other elements would be the responsibility of Treehouse Foods. The MOU outlines the City's intent to cooperate on the project. Staff requests the City Council move to approve the MOU for construction of these specific storm water system improvements. If approved, staff will obtain concurrence from Treehouse Foods and continue to progress towards completion of the project in 2017. Mayor Lund stated typically this water must be from a much greater area than Treehouse's property. Treehouse is being very generous in donating property for the system of the overall property. It does benefit Treehouse Foods by stopping the flooding from everyone else's water that is coming downstream and winding up on their property. 10 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 28,2016 PAGE 11 Councilmember Bolkcom stated but they are also moving their storm water pond. Mr. Kosluchar replied, correct. The storm water diversion is moving the City's current storm water interceptor that bisects two of their properties. Basically it runs right down the middle of their properties. If they move it to the north boundary, it is out of the way then for expansion at some future point. That is why they are funding that. Councilmember Bolkcom asked Mr. Kosluchar to explain a little bit about the outfall piping by the railroad. Mr. Kosluchar replied there are two piping systems. One is the trunk main that runs through the property. The other actually carries water from the rear of the Treehouse Foods property by their loading dock. Those two come together after crossing the BNSF Railroad tracks. One of the problems is that if the City's interceptor capacity is taxed and fills up, the water backs up through its system. Separating those two is essential to the project. Mayor Lund stated they are being separated rather than coming together on the western side of the railroad. He asked if they were going to be diverted to go the opposite direction. Mr. Kosluchar replied they are hydraulically connected on the west side. There is a control structure on the west side of the tracks that they both come into. The concept is to push their outfall past that control structure directly so it can free flow, regardless of where the 60-inch pipe is. Councilmember Bolkcom asked what type of flooding is there now. Mr. Kosluchar replied, right now they have regular flooding on Commerce Lane. Earlier today there was hail and rain, and the water was above the curb. When you get a bit more than what they had today, and they have had this event probably three times this year, water flows off Commerce Lane onto their property. They are built very low. In the September rainfall they had water inside their building which is a bakery. They had several days where they were shut down and had to clean and sanitize everything within the property. They had people who had to stay home from work. Councilmember Bolkcom asked if it would benefit any other businesses. Is there any other flooding along there? Mr. Kosluchar replied across Commerce Lane there are not as severe problems but there are some problems and they are trying to address those. The City is working its way up the watershed. They started out with the Oak Glen Creek stabilization. There is also some property on the west side of the railroad tracks that is for sale right now, and maybe that will redevelop and provide some relief, too. Councilmember Bolkcom asked if the City was comfortable with the cost. 11 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 28,2016 PAGE 12 Mr. Kosluchar replied they are comfortable with the estimate. They have a contingency, so he is hoping the project will come in lower. MOTION by Councilmember Bolkcom to approve a Memorandum of Understanding for the Oak Glen Creek Pond Expansion Project. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Informal Status Reports: There were no reports. 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 7:57 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor 12 AGENDA ITEM °f CITY COUNCIL MEETING OF (a :! DECEMBER 12, 2016 Date: December 7, 2016 To: Walter T.Wysopal, City Manager From: Scott Hickok,Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Second Reading for Text Amendment,TA#16-04 to Amend Chapter 205.30 0-5, Telecommunications and Towers Approval of Summary Ordinance for TA#16-04 BACKGROUND Technology is continually changing which requires updates and changes to telecommunication facilities and equipment. As of late,the City has gotten a couple requests from a company to install smaller telecommunications equipment and antennas within the public right-of-way. Our current telecommunications ordinance doesn't list the public right-of-way as an approved site,therefore prohibiting them within the public right-of-way. In December of 2015,City staff asked the Council to establish a moratorium to allow the time needed to conduct research and analyze what other cities have done in regards to this new technology. The Council approved the moratorium and at this time, staff has prepared the attached text amendment to Chapter 205.30 0-5,Telecommunications and Towers ordinance to add language that will address Distributed Antenna Systems,or what is also referred to as Small Cell Sites. The City Attorney and City staff have consulted with the League of Minnesota Cities and other cities within the metro regarding this new technology. Through those consultations and discussions with the City's Public Works Director,we decided to draft the attached ordinance that will allow this new technology within the public right-of-way, provided specific performance standards can be met. One of the standards will require that the new equipment be attached to an existing structure that is already within the public right-of-way. The standards will also limit the size of the equipment and that the DAS user receives approvals from the owner of right of way and the owner of the existing structure if which the equipment will be located on. For example, an Xcel power pole within the MnDOT right-of-way along University Avenue will require approvals from both Xcel Energy and MnDOT. This technology will be allowed through the issuance of a City right-of-way permit and/or a building permit. PREVIOUS COUNCIL/COMMISSION ACTION F At the October 19, 2016 Planning Commission meeting, a public hearing was held for TA#16-04. No one from the public addressed the Planning Commission on this amendment. After a brief discussion,the Planning Commission made a motion to approve TA#16-04. The motion was approved unanimously. 13 The City Council held a public hearing for TA#16-04 on November 14,2016.The 1st Reading of ordinance TA #16-04 was held on November 28, 2016. STAFF RECOMMENDATION City staff recommends concurrence with the Planning Commission and that the Council hold the second and final reading of ordinance TA#16-04. The moratorium that was approved in Ordinance No. 1326 will expire 15 days after the date of publication of this ordinance. Due to the length of text amendment TA#16-04,staff has prepared the attached summary ordinance for publication purposes, and asks for the Council's approval of it. Passing a summary ordinance will save the City significant costs in publication. 14 Ordinance No. AN ORDINANCE AMENDING CHAPTER 205.30 0-5,TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT TO ADD LANGUAGE TO THE CODE THAT DEFINES AND REGULATES"SMALL CELL"TECHNOLOGY WITHIN THE RIGHT-OF-WAY,AS WELL AS OTHER GENERAL HOUSEKEEPING AMENDMENTS The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 205.30 0-5, Telecommunications and Towers and Facilities District be amended as follows: FRIDLEY CITY CODE SECTION 205.30. 0-5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT (Ref Ords 1112, 1114, 1117 1136, 1302) 205.30.1. PURPOSE AND INTENT The general purpose of this Section is to create an overlay zone to regulate the placement, construction, and modification of towers and wireless telecommunications facilities as well as regulate placement, construction and operation of distributed antenna systems in the public right- of-way in order to protect the health, safety, and welfare of the public,while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Specifically,the purposes of this Section are: A. To protect residential areas and land uses from potential adverse impact of towers and wireless telecommunications facilities; B. To minimize adverse visual impact of towers and wireless telecommunications facilities through careful design, siting, landscaping, and innovative camouflaging techniques; C. To promote and encourage shared use/collection of towers and existing antenna support structures as a primary option rather than construction of additional single-use Towers in order to minimize the adverse visual impact of towers and wireless telecommunications Facilities; D. To avoid potential damage to property caused by towers and wireless telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, located, and removed when no longer used or determined to be structurally unsound; E. To ensure that towers and wireless telecommunications facilities are compatible with surrounding land uses; F. To facilitate the provision of wireless telecommunications services to the residents and businesses of the City in a streamlined, orderly, and efficient fashion; G. To encourage the location of towers in industrial and business districts, rather than residential areas; 15 H. To enhance the ability of providers of telecommunication services to provide such services to the community quickly, effectively, and efficiently; I. To identify specific sites within the City where wireless telecommunications facilities may be located. J. To serve the growing demand for telecommunications services through placement of distributed antenna systems (DAS) in the public right-of-way. 205.30.2. DEFINITIONS The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning; "Antenna Support Structure" means any building or other structure other than a tower which can be used for location of wireless telecommunications facilities. "Applicant" means any Person that applies for a permit for wireless telecommunication facilities or towers, automatic meter reading devices or DAS. "Application" means the process by which a person submits a request to develop, construct, build, modify, or erect wireless telecommunication facilities or a tower upon land within the City, develop, construct, build, modify, or erect an automatic meter reading system within the City; or develop, construct, build, modify, or erect DAS within the public right-of-way. Application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City concerning such a request. "Approved Site" means a site which has been approved by the City Council as an eligible location for placement of wireless communication facilities. "Automatic Meter Reading device" means a device which is designed for collecting, storing, processing, filtering and forwarding utility meter data within the public safety and utility bandwidth licensed by Federal Communications commission, including any antenna attached to such device and excluding devices reading and transmitting data from a single utility meter. "Automatic Meter Reading system" means a series of devices which is designed for collecting, storing, processing, filtering and forwarding utility meter data within the public safety and utility bandwidth licensed by Federal Communications Commission, including any antenna attached to such device. "City"means the City of Fridley, Minnesota. "Distributed Antenna System (DAS)" means a network of remote communications nodes deployed throughout a desired coverage area, which includes at least one antenna for transmission and reception utilizing a high capacity signal transport medium connecting each node to a central communications hub site and radio transceivers located at the hub site or at each individual node to process the communications signals transmitted and received through the antennas. Also referred to as DAS or"small cell". "Electrical Engineer"means an electrical engineer licensed by the State of Minnesota. 16 "Existing Site" means a tower or antenna support structure installed or erected prior to December 18, 1997, and which is not located on an approved site. "Owner" means any Person with fee simple title to any approved site, existing site, site approved by special use permit, or wireless telecommunications facility. "Pad Mount Device" means a devise which is designed for collecting, storing, processing, filtering and forwarding utility meter data within the public safety and utility bandwidth licensed by Federal Communications Commission, including any antenna attached to such device like the automatic meter reading device, but, which is installed on its own pedestal and not on an existing public utility structure. "Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity,private or public, whether for profit or not for profit. "Public Utility Structure" means a structure or pole appropriate for supporting wires for communications or the transmission of data or electricity and located on a public right-of-way or public utility easement oin privately owned property. "Satellite Earth Station Antenna" is all equipment necessary for processing of traffic received from terrestrial distributions prior to transmission via satellite and of traffic received from the satellite prior to transfer of channels of communication to terrestrial distribution systems. "State"means the State of Minnesota. "Structural Engineer"means a structural engineer licensed by the State of Minnesota. "Telecommunications Right-of-Way User"means a person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information. A cable communication system defined and regulated under Minn. Stat. Chapter 238, and telecommunications activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. §216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chapters 453 or 453A, or a cooperative electric association organized under Minn. Stat. Chapter 308A, are not telecommunications right-of-way users for the purposes of this Chapter. "Tower" Means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports wireless telecommunications facilities. The term "tower" shall not include amateur radio operator's equipment as licensed by the FCC. "Wireless Telecommunications Facilities" means any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications (other than radio or television broadcast communications) which a person seeks to locate or have installed upon or near a tower or an antenna support structure. However, the term wireless telecommunications facilities shall not include: A. Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; and 17 B. Any satellite earth station reception antenna one meter or less in diameter, regardless of zoning category; and C. Automatic meter reading systems. D. Distributed Antenna System (DAS) 205.30.3. NON-CONFORMING USES A. Existing sites shall be considered a legal non-confirming use, unless otherwise provided for in this Chapter. B. Installation of additional wireless telecommunications facilities beyond those in existence on December 18, 1997, on existing sites is prohibited. Failure to comply with this provision will be considered a violation of this Chapter and subject to the penalties described herein. Routine maintenance of wireless telecommunications facilities on Existing Sites is permitted, except that existing sites and any wireless telecommunications facilities installed on existing sites may not increase in size, height, weight, or otherwise result in an increase in the intensity of the non-conforming use. C. If any wireless telecommunications facilities in an existing site are abandoned for a period of one year, such existing site shall lose is legal conforming status and shall be considered an illegal nonconforming use. The abandoned wireless telecommunications facilities shall not be re-established on the site, and must be removed within twelve (12) months of the cessation of operations. If not removed, the city may remove the facility and assess the costs of removal against the Owner(s), according to the procedures established in Chapter 128 of the City Code. 205.30.4. DISTRICT BOUNDARIES FOR OVERLAY ZONE A Telecommunications Towers and Facilities District, 0-5, is created and shall apply to all land within the City subject to the provisions and use requirements contained in this Section. 205.30.5. USES PERMITTED A. The construction of towers and the installation, operation and maintenance of wireless telecommunications facilities shall be permitted use in the approved sites identified on Appendix A to this Ordinance, subject to the provisions of this Chapter. Additional approved sites may be approved by the City Council, subject to the amendment procedures set forth in Section 205.05.04 of the City code, and the requirements of this section. B. All principal, special use, and accessory uses allowed in each underlying primary zoning district are permitted in the telecommunications towers and facilities district, except that no towers shall be constructed, and no wireless telecommunications facilities shall be placed on towers or antenna support structures, except as provided for in this Chapter. 18 C. Special Uses. The construction of towers and the installation, operation, and maintenance of wireless telecommunications facilities shall be a special use in Zoning districts M-1, M-2, M-3, and M-4, and any abutting railroad rights-of-way management. D. Automatic Meter Reading System Performance Standards. aAll automatic meter reading systems must meet the following performance standards: (1) All automatic meter reading devices located in the public right-of-way, must obtain an automatic meter reading device permit and pay the appropriate permit fee, as provided for in Chapter 407 and Chapter 11 of the City Code. This permit requirement does not apply to individual meters or mobile automatic reading devices. (2) Mapping information for the site(s) must be provided with the automatic meter reading device permit application in a format compatible to be utilized by the City of Fridley's Geographic Information System(GIS). (3) All automatic meter reading device(s) must be located no higher than the top of a public utility structure and no closer to grade than fifteen(15) feet. (4) Automatic meter reading devices not installed on a public utility structure will be considered as pad mount design. Its location shall be subject to review and approval of the City prior to automatic meter reading device permit application. (5) All automatic meter reading devices must be the same color as the public utility structure on which they are located or as approved by City Staff. E. Distributed Antenna System (DAS) Performance Standards. All DAS operators and DAS within the public right-of-way shall meet the following criteria and performance standards: (1) The DAS shall only be located on an existing public utility structure, excluding stop lights. a. If the public utility structure must be replaced to structurally accommodate the DAS, the replacement public utility structure height shall not exceed the existing public utility structure height and the public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50 (fifty)percent. Once the public utility structure has been replaced to increase its diameter pursuant to this provision, it shall not again be further increased. (2) The City may prohibit DAS attachment to decorative public utility structures. (3) There shall be no interference with public safety communication or with the original use of the public utility structure. (4) The DAS shall not block light emanating from the public utility structure. (5) If the DAS is to be attached to a City-owned public utility structure, the applicant shall pay a license fee to the City. 19 (6) The DAS shall, to the greatest extent possible match the public utility structure in color, material and design and the DAS design shall, to the greatest extent possible minimize exposed cables, wires and other attachment hardware. fl The DAS shall not extend above the top of the existing public utility structure and the height of the existing public utility structure shall not be increased in height to accommodate the DAS. The DAS shall be no larger than three (3) cubic feet and have no individual surface larger than four(4) feet. The DAS shall not extend outward from the utility structure by more than three (3) feet. (10)There shall be no ground equipment. c11)The DAS applicant shall provide evidence that the public utility structure has adequate structural capacity to carry the additional equipment proposed. (12)The DAS applicant must agree that the DAS or any component of the DAS equipment must be shall be removed and relocated, at the applicant's sole expense and at no expense to the City, if the City or road authority for the public right-of-way in which it is located requires removal or and relocation of the public utility structure for a public project. (13)The DAS applicant shall submit in writing to the City, written approval from the public utility structure owner for which the DAS will be attached to. (14)The DAS applicant shall obtain any and all permits and approvals from road authority for the public right-of-way in which is DAS is located. (15)The DAS applicant must be a telecommunications right-of-way user as defined in Minn. Stat. § 237.162, Subd. 4. (16)The DAS applicant shall obtain a right-of-way permit from the City's engineering department and comply with any requirements set forth in the right-of-way permit and City Code Chapter 407, Rights of Way Management. (17)The DAS applicant shall comply with all applicable local, state, and federal ordinances, statutes and regulations. 205.30.6. CRITERIA FOR ADDING APPROVED SITES TO APPENDIX A Additional approved sites, other than those provided in Appendix A to this Ordinance, shall be approved by the City Council according to the amendment procedures of Section 205.05.04 of the City code. The criteria used to determine whether a site shall be designated as an approved site shall include, but not be limited to, the following requirements: A. Whether the proposed new site is capable of being developed to support more than two operating wireless telecommunications facilities comparable to the others in weight, size, and surface area. 20 B. Whether the proposed new site poses a risk of explosion, fire, or other danger due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals; and C. Whether the proposed new site is necessary and that useable approved sites are not located within a one-half(1/2)mile radius of the proposed new site; and D. Whether all foreseeable telecommunications uses of the proposed site could comply with any separation and buffer requirements of the underlying zoning district; E. Whether all foreseeable telecommunications uses of the proposed new site could comply with the setback requirements of the underlying zoning district; and F. Whether the proposed site is accessible for service vehicles; G. If applicable, whether the proposed site has been designed and certified by a structural engineer to be structurally sound and, at minimum, in conformance with the Building and Electric Codes adopted by the City, the National Electric Safety Code, and any other standards and requirements outlined in this Section. H. If applicable, whether the approved site complies with all applicable Federal Aviation Administration lighting and painting regulations. I. Whether the proposed site will further the City's objective that all towers, antenna support structures, and wireless telecommunications facilities be designed to blend into the surrounding environment. J. Whether the proposed site has adequate open space to allow wireless telecommunications facilities to be installed without detrimentally impacting landscape, displacing parking, or impeding sight lines of a current or future principal use. K. Whether the proposed site adequately contributed to the City's overall effort to adequately meet the needs of the wireless telecommunications industry. L. Whether the proposed site has amenities such as trees that will allow screening and sight line relief. If not, whether the combination of site size and other site features help to provide sight line relief. M. Whether there are other structures near the proposed site that can serve as visual distractions such as high power transmission structures, highway shoring, or billboards. N. Whether there are existing buildings or natural topographic features that meet the height requirements of wireless telecommunications facilities without a tower structure, or which allow for a lower overall height of any necessary Tower. 0. Whether there is adequate space on the proposed site so that the base of any necessary Tower can accommodate essential equipment. P. Whether the proposed site is outside of any underlying residential zoning districts. 21 Q. Whether housed equipment can be placed on top or on the side of a structure that currently exists in the proposed site. 205.30.7. APPLICATION FOR PLACEMENT OF TOWERS OR WIRELESS TELECOMMUNICATIONS FACILITIES ON APPROVED SITES IN THE CITY. A. All persons seeking to install, operate and maintain towers wireless telecommunications facilities in approved sites in the city must file a telecommunication site speer permit application with the City which shall include: (1) The names, address, and telephone number of the Applicant; and (2) Written, technical evidence from a qualified and licensed structural engineer that the proposed tower or antenna support structure is capable of supporting the equipment necessary to install, operate, and maintain the proposed antenna. The engineer shall also certify the capability of the tower to provide adequate structural support considering existing or other proposed antenna installations. The engineer shall also assess and state the design safety margin of the entire antenna support system. The engineer shall state that within the limits of engineering certainty, if the structure would fall or collapse for any reason or due to any event, the structure will be completely contained within the area identified; and (3) If proposed on a City-owned site, a completed application form for lease approval as provided by the City; and (4) A report from a qualified and licensed professional engineer which described the height and design of the proposed wireless telecommunications facility including a cross-section and elevation; and (5) A scalable site plan drawn at an engineering scale showing the location of the wireless telecommunications facility in relation to surrounding structures; and (6) If located on a water tower, a written report addressing the requirements contained herein for water towers; and (7) Foundation, cross-section, and building plans for installation of the wireless telecommunications facility; and (8) An application fee as required by Chapter 11; and (9) The application shall also contain an affirmative statement indicating that the applicant agrees to comply with the provisions in Section 205.30.2425. regarding abandonment; and (10)No new or existing wireless telecommunications service will interfere with public safety telecommunications. Before the introduction of new service or before implementing any change in existing service, all wireless telecommunications service providers shall notify the City at least ten (10) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process; and 22 (11)Application for a building permit from the City pursuant to Chapter 206 of the code; and (12)A statement as to whether the proposed development of an approved Site is capable of being developed to support more than two (2) operating wireless telecommunications facilities comparable to the others in weight, size, and surface area; and (13)Written, technical evidence from an independent consulting engineer licensed to practice geological engineering in the State of Minnesota confirming that the soil at the location of the tower or wireless telecommunication facility is capable of supporting the proposed antenna arrays, equipment, and personnel performing typical work functions; and (14)A landscaping plan showing location of materials, height at planting, types of materials, and installation practices. other reasons proprietary shall be clearly marked as such when submitted with an application. The City shall not disclose publicly, or to any third party, proprietary BG. All persons seeking to install, operate, and maintain towers or wireless telecommunications facilities in M-1, M-2, M-3, or M-4 Zoning Districts as a special use permit shall submit the information required in 205.30.07.A, except items (3) and(11). 205.30.8. APPLICATION FOR AN AUTOMATIC METER READING DEVICE IN THE CITY A. All persons seeking to install, operate and maintain automatic meter reading systems in the City must file an application with the City, which shall include: (1) The name, address and telephone number of the applicant and property owner; and (2) Written, technical evidence from a qualified Structural Engineer that the integrity of the structure on which a proposed automatic reading devise(s) will be attached and the attachment devise itself will not jeopardize the structural integrity of the public utility structure; and (3) A location plan matching the public utility structure identification (address) and the appropriate automatic meter reading device; and (4) An individual automatic meter reading device permit fee as required by Chapter 11; and (5) The application shall contain an affirmative statement indicating that the applicant agrees to comply with the provisions in section 1112.23 205.30.25 regarding abandonment; and 23 (6) No automatic meter reading system will interfere with public safety telecommunications. Before the introduction of new service or before implementing any change in existing service, all automatic meter reading system operators shall notify the City at least ten (10) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process. B. - . - . . . ., . .. ' . •. .. _ - . •- • . • - application. The City shall not disclose publicly, or to any third party, proprietary 205.30.9 APPLICATION FOR PLACEMENT OF DISTRUBUTED ANTENNA SYSTEMS (DAS) IN THE RIGHT-OF-WAY A. All persons seeking to install, operate and maintain distributed antenna systems (DAS)on the right-of-way within the City must file a right-of-way permit application with the City that, in addition to any other requirements set forth in City Code Chapter 407, includes: (1) The names, address, and telephone number of the right-of-way permit applicant; and (2) Written technical evidence from a qualified and licensed structural engineer that the proposed DAS public utility structure is capable of supporting the equipment necessary to install, operate and maintain the DAS. The engineer shall also certify the capability of the public utility structure to provide the adequate support needed considering the existing or other proposed equipment installations. The engineer shall also assess and state the design safety margin of the entire public utility structure and DAS. The engineer shall state that within the limits of engineering certainty, if the public utility structure would fall or collapse for any reason due to any event, the public utility structure will be completely contained within the area identified; and (3) A completed right-of-way permit application form as provided by the City; and (4) A report from a qualified and licensed professional engineer which described the height and design of the proposed DAS including a cross-section and elevation; and (5) A scalable site plan drawn at an engineering scale showing the location of the DAS in relation to the surrounding structures; and (6) Foundation, cross-section, and building plans for installation of the DAS; and (7) A right-of-way application and fee as required by Chapter 11; and (8) A building permit application and fee pursuant to Chapter 206; (9) An escrow fee as set forth in Chapter 11 to be held and utilized in the event the DAS is abandoned without removal by the applicant and (10) The right-of-way application shall contain an affirmative statement indicating that the applicant agrees to comply with the provisions of 205.30.5.E for DAS performance standards and 206.30.25 for abandonment. 24 (11) Written, technical evidence from an independent consulting engineer licensed to practice geological engineering in the State of Minnesota confirming that the soil at the location of the DAS is capable of supporting the public utility structure to which the DAS will be attached. (12) Documentation that the DAS applicant has applied for and obtained any licenses and approvals that are required by federal and state agencies. 205.30.9.10 APPLICATION PROCESS A. Upon submission of an application on an approved site, for an antenna meter reading system, or DAS, the Ceity shall notify the applicant in writing to confirm if the application is complete addressing all of the requirements as required by this Section. If the application is incomplete, the letter will specify what information is missing and the applicant must then submit a new application. If an application is submitted on an approved site which is owned by the City, a lease agreement must be approved by the City Council. The City shall comply with the time deadlines for agency action as dictated in Minnesota State Statutes. Construction or installation on approved sites may begin upon approval of the lease agreement, if necessary, and issuance of a building permit. Construction or installation on an automated meter reading system or DAS may begin upon approval of the application and issuance of any required permits. B. If a tower or wireless telecommunications facility is approved by a special use permit, the applicant must also apply for and receive a building permit. 205.30. 0.11 TOWER HEIGHT Tower height shall be measured from the average adjoining grade to the highest point of construction of any tower or wireless telecommunications facilities. Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of one hundred twenty-five (125) feet. 205.30.14.12 STEALTH DESIGN AND EXTERIOR FINISHES All approved sites, towers, an4 wireless telecommunications, and DAS facilities shall be designed to blend into the surrounding environment. Monopoles with antenna arrays shall be finished so as to be compatible with other buildings or structures in the area, and shall be finished with a non-corrosive material. Wireless telecommunications facilities placed on water towers shall be finished with a non-corrosive material to match the color of the water tower. 205.30.42.13 ILLUMINATION Towers shall not be artificially illuminated except as required by the Federal Aviation Administration("FAA"). 205.30.1-3.14 LANDSCAPING AND SCREENING All sites shall include appropriate landscaping as required herein and shall comply with all landscaping requirements of the underlying zoning district. Accessory above-ground equipment 25 must utilize existing buildings or structures, if possible. If no existing structures are available, the owner of the wireless telecommunications facilities may construct such a structure. At minimum, all ground equipment shall be fully screened from public rights-of-way or residential property by existing structures, a brick decorative wall, or a solid one hundred percent (100%) opaque vegetative enclosure, six feet in height at planting. 205.30.44.15 SECURITY All towers must be reasonably posted and secured to protect against trespass. Chain link fences may be used to protect towers and wireless telecommunications facilities. Barbed or razor wire is prohibited. All facilities shall be designed to discourage unauthorized climbing on the structure. 205.30.-5.16 INSTALLATION REQUIREMENTS ON WATER TOWERS AND IN CITY Installation of wireless telecommunication facilities on water towers will be permitted when the city is fully satisfied that the following requirements are met: A. The wireless telecommunications facility will not increase the risks of contamination to the City's water supply. B. There is sufficient room on the structure and/or in the grounds to accommodate the wireless telecommunication facility. C. The presence of the wireless telecommunication facility will not increase the water tower or reservoir maintenance costs to the City. D. The presence of the wireless communication facility will not be harmful to the health of workers maintaining the water tower or reservoir. E. All state and federal regulations pertaining to non-ionizing radiation and other health hazards has been satisfied. 205.3046.17 BUILDING PERMIT REQUIRED A building permit is required for installation of any tower of wireless telecommunications facility or DAS. The completed installation, including all associated buildings, shall comply with all applicable building codes including but not limited to the most currently adopted version of the N.F.P.A. 70 National Electrical Code, TIA/EIA 222 Structural Standards for steel antenna towers, and others as may be determined by the Building Official. 205.30A .18 SETBACKS The tower or wireless communications facility shall be located in rear or side yard areas and shall be set back at least ten(10) feet from side or rear lot lines. 205.30.1&19 SIGNS 26 Signs no larger than 4 square feet in size and attached to a structure are the only permitted signage associated with the tower or wireless telecommunications facility. 205.30.49.20 CERTIFICATIONS AND INSPECTIONS A. All towers and wireless telecommunications facilities shall be periodically reviewed by the City to be structurally sound and in conformance with the requirements of the City Code, this Chapter, any conditions of approval placed on a special use permit and all other construction standards set forth by the City's Code, and federal, state, and local law. Existing sites may be inspected for compliance with this Section at any time if the City believes there are questions regarding compliance with the City Code, this Section, any conditions of approval placed on a special use permit, all other construction standards set forth in the City's Code, and all other federal, state and local laws. B. The City and its agents shall have authority to enter onto any approved site, existing site, or site approved by special use permit between the inspections and certifications required above, to inspect the site for the purpose of determining whether the sites comply with the State Building and Electrical Codes, the National Electric Safety Code and all other construction standards provided by the City's Code and federal and State law. C. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the owner(s). All expenses related to such inspections by the City shall be borne by the site owner(s). 205.30.20.21 MAINTENANCE A. Ordinary and reasonable care of towers, wireless telecommunications facilities, and automatic meter reading systems/devices, and DAS shall be employed at all times. All towers, wireless telecommunications facilities s and automatic meter reading systems, and DAS shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person. B. Owners shall install and maintain towers, wireless telecommunications facilities, and automatic meter reading systems/devices, and DAS in substantial compliance with the requirements of the National Electric Safety Code and all FCC, State and local regulations, and in such manner that will not interfere with the use of other property. C. All maintenance or construction on towers, wireless telecommunications facilities3 OF automatic meter reading systems/devices or DAS shall be performed by qualified maintenance and construction personnel. D. All owners of wireless telecommunications facilities) and automatic meter reading systems/devices, and DAS shall maintain compliance with current radio frequency emission standards of the FCC. In order to provide information to its citizens, copies of all FCC information concerning wireless telecommunications facilities= and automatic meter reading systems/devices, and DAS shall be made available to the City and updated annually. E. In the event the use of a tower, Of a public utility structure, Of a wireless telecommunications facility, Of an automatic meter reading system/device or DAS is 27 discontinued by the owner of the wireless telecommunications facility, Of automatic meter reading system or DAS, or in the event an owner files notice to the FCC of its interest to cease operating the owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. 205.30.21.22 PRIORITY FOR USE Priority for use of the installation, maintenance and operation of towers and wireless telecommunications facilities will be given to the following entitles in descending order: A. City of Fridley. B. Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the City of Fridley and private entities with a public safety agreement with the City of Fridley. C. Other governmental agencies,for uses which are not related to public safety. D. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public. 205.30.22.23 CO-LOCATION Towers shall be designed to support more than two wireless telecommunications facilities. 205.30.23.24 FEES The applicant shall pay the fees listed in Chapter 11 for processing a request to install, operate, and maintain a tower, public utility structure, pad mount device, Of a wireless telecommunications facility or an automatic meter reading system and/or devices, or DAS in the City. If deemed as necessary due to the nature of the application, the applicant shall also be required to reimburse the City for its cost to retain a consultant to review the requested application. 205.30.24.25 ABANDONMENT If any site for which approval to install, maintain, and operate a tower, or a public utility operator and the owner of the property, that said site has been deemed abandoned. Upon a finding of abandonment by the city, the tower, or a public utility structure, or wireless must be removed or an annual user fee shall be paid to the City. If it is determined that the Chapter 128 of the City Code. 28 If any site for which approval to install, maintain, and operate a tower, or a public utility structure, or wireless telecommunications facilities, automatic meter reading systems or DAS has been granted by the City shall cease to be used for a period of 365 consecutive days, the City shall notify the wireless telecommunications facility operator, automatic meter reading device operator, the DAS operator and the owner of the property, that said site or system has been deemed abandoned. Upon a finding of abandonment by the City, the tower, public utility structure, wireless telecommunications facilities, automatic meter reading system, or DAS must be removed or an annual user fee shall be paid to the City. If it is determined that the abandoned tower, public utility structure, wireless telecommunications facility, automatic meter reading system or DAS cannot be removed in a reasonable time period by the owner or operator,the City shall assess all costs related to the removal to the owner(s) or operator(s), according to the procedures established in Chapter 128 of the City Code. 205.30.26 NO RECOURSE No Recourse against the City. Every permit issued to an applicant for construction, installation, maintenance, or operation of a wireless telecommunications facility, automated meter reading system/device or DAS shall provide that, without limiting such immunities as the City of other persons may have under applicable law, an applicant/permit holder shall have no monetary recourse whatsoever against the City of its elected officials, boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage arising out of any provision or requirements of this Ordinance or because of the enforcement or lack of enforcement of this Ordinance or the City's exercise of its authority pursuant to this Ordinance, a permit, a lease, or other applicable law, unless the same shall be caused by criminal acts or by willful gross negligence. Nothing herein shall be construed as a waiver of sovereign immunity. 205.30.27 DATA PRACTICES All documentation submitted pursuant to this Chapter by an applicant shall be subject to and governed by the Minnesota Government Data Practices Act. 205.30.25.28 SEVERABILITY If any clause, section, or other part of this Section shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Section shall not be affected thereby, but shall remain in full force and effect. 205.30.26.29 VIOLATION Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor and subject to the provisions of Chapter 901 of the Fridley City Code. 205.30.30 EXPIRATION OF INTERIM ORDINANCE Interim Ordinance No. 1326 shall expire and be of no force and effect fifteen(15)days after the date of the publication of this ordinance. This Section 205.30.30 shall not be codified following the publication and effective date of this ordinance. 29 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2016. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing: First Reading: Second Reading: Published: 30 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205.30 0-5,TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT TO ADD LANGUAGE TO THE CODE THAT DEFINES AND REGULATES "SMALL CELL" TECHNOLOGY WITHIN THE PUBLIC RIGHT-OF-WAY,AS WELL AS OTHER GENERAL HOUSEKEEPING AMENDMENTS I. Title An ordinance that amends Sections 205.30 of the Fridley City Code for the purpose of adding language to the code that defines and regulates "small cell" technology within the public right- of-way, modifies the abandonment regulation and adds a "no recourse" and "data practices" section, and renumbering and other general clean-up of the code. II. Summary The City Council of the City of Fridley does hereby ordain as follows: That Ch. 205.30 0-5, Telecommunications Towers and Facilities District is hereby amended to add language to the code that defines and regulates "small cell" technology within the public right-of-way, and renumbering and other general clean-up of the code. The Abandonment regulation was also reworded, and a No Recourse and Data Practices section is also being added to the code. III. Notice This Title and Summary has been published to clearly inform the public of the intent and effect of the City of Fridley's Telecommunication Towers and Facilities District Ordinance. A copy of the ordinance,in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E.,Fridley,MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF DECEMBER 2016. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: November 14, 2016 First Reading: November 28, 2016 Second Reading: December 12, 2016 Published: 31 I AGENDA ITEM f CITY COUNCIL MEETING OF dley DECEMBER 12, 2016 To: Mayor and City Council From: Walter T. Wysopal, City Managee(„6/ Date: December 12, 2016 Re: Legal Services Agreement with LeVander, Gillen & Miller, P.A. The Law Office of LeVander, Gillen & Miller, P.A. serves the City of Fridley as City Attorney. Darcy M. Erickson serves as the Responsible Attorney to the City. The five-year Services Agreement expires at year-end. Chapter 6.04 of the Charter establishes the City Attorney as subordinate to the City Manager. An informal evaluation of legal services by the Department Managers finds they are satisfied with the work product provided by the firm and Ms. Erickson. She continues to be very responsive to staff requests and timely with responses. Advice on the common legal issues such as zoning, contracts, public data and procedure have been sound. In addition to Ms. Erickson's capabilities, the firm provides a broad base of legal expertise, so staff is never at a loss for legal advice. The City Council has been well served as well. Ms. Erickson has a perfect record of attendance at all Council meetings as well as at conference and other special meetings. The Council has not expressed any concerns with regard to our legal representation. The proposed Services extension is for three years, and there are no substantive changes to it. Fees are proposed to increase by $5.00 per item with the exception of photocopying charges which remain unchanged. The increases range between 2.5% and 5% depending on the cost of the services. Recommendation Based on the review of legal services, it is recommended the City Council approve a 3-year extension with LeVander, Gillen & Miller, P.A. for legal services as proposed in the attached agreement. 32 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEYAND LeVANDER, GILLEN&MILLER,P.A. WHEREAS, the City of Fridley ("City"), a public body corporate and politic operating as a home rule charter city under the laws of the State of Minnesota and located within the County of Anoka,desires to have certain attorney services provided;and WHEREAS, the City Council of the City of Fridley has selected the law firm of LeVander, Gillen & Miller, P.A., ("Attorney") to serve as City Attorney and has authorized a contract between the City and the Attorney; NOW THEREFORE, IT IS HEREBY AGREED that this document by and between the City and the Attorney shall be a binding obligation on behalf of all parties named. I. Term. This agreement shall be effective January 1, 2017. It shall be valid through December 31,2019, inclusive. It shall,however be terminated as provided in Section XIII. II. Scope of Legal Services. The following services shall be provided to the City by the Attorney as a matter of right under the terms of this agreement: A. Attendance at all regularly-scheduled City Council meetings, and upon request by the City Council, attendance at all special meetings of the City Council or of any board, commission, or committee established by the City Council. In addition, the Attorney shall meet with the City Manager, Mayor, City Council or other City official or employee as required. B. Drafting and reviewing local ordinances, charter amendments, and resolutions as requested by the City. Assisting with the codifying of ordinances and maintaining a current City Code or book of ordinances. C. Drafting correspondence on behalf of the City as requested. D. Answering by telephone and e-mail questions of City officials and staff. E. Meeting with and advising the Mayor, City Council, City Manager, department managers, Planning Commission, and other designated groups or individuals, on general legal matters. F. Providing basic legal support services to the Fridley Housing and Redevelopment Authority("HRA")including attendance at meeting of the HRA upon request. 33 G. Reviewing municipal contracts,joint powers agreements, and other legal documents as requested. H. Representing the City in condemnation and eminent domain proceedings. I. Representing the City in the acquisition or sale of public property, and the drafting and assigning of deeds, easements, and other real estate or land-use documents. J. Researching and submitting legal opinions and interpretations on municipal or other related legal matters as required, including such topics as PELRA, employment law, and veterans'preference issues. K. Briefmg the City on proposed or newly adopted statutes, rules or regulations,as well as any court decisions, agency rulings, or other official rulings or opinions, that could have an effect on the City or the way it conducts business, and recommending the appropriate amendments to ordinances,policies or other actions of the City in order to comply with these changes in law. L. Defending the City in all litigation, except in those cases where insurance companies are required to provide defense or where the City chooses to hire specialized legal talent. M. Representing the City in Workers' Compensation proceedings. N. Reviewing bond and insurance requirements required by or for City contracts or activities. 0. Preparing reports on the status of City litigation and other legal matters, at the request of the City Manager. P. Reviewing documents submitted by bond counsel involving the issuance of debt or debt-related instruments and providing comments as required. Q. Assisting the City in the enforcement of City ordinances, including the prosecution of cases arising out of the City's zoning,housing,rental housing and building codes. R. Meeting with the City Manager on a regular basis, not less than quarterly, to review all litigation and other pending legal matters of the City and providing a written report of such litigation or other legal matters. S. Provide in-house training to City staff on issues specified by the City Manager or his designee. 2 • 34 III. Fees. The City shall compensate the Attorney subject to the following terms: A. The Attorney shall provide up to fifteen hours monthly for attendance at Council meetings, commission meetings and twice monthly meetings with City staff at the rate of$100 per hour. B. Except as provided in Paragraphs III(A), III(C), and III(D), the hourly rate for the designated City Attorney and all firm attorneys assisting Fridley on any municipal matter shall be$140 per hour. C. More specialized work, including services provided in conjunction with civil litigation,public improvement projects, and eminent domain shall be billed at the rate of$155 per hour according to details provided in Appendix A. D. Development Paid Services, as defined in Appendix A, shall be billed at the rate of $205 per hour according to the details provided in Appendix A. E. Compensation for the Attorney's legal assistants shall be billed at the rates and paid according to the details provided in Appendix A. F. The minimum increment of time billed for each service, including telephone calls, legal research, correspondence, email correspondence and personal conferences is one-tenth(.1)of an hour. G. Costs for which the firm would be reimbursed include travel (other than to and from the Fridley Municipal Center), Westlaw changes, Anoka County filing and recording fees, Anoka County online property record search fees, and photocopies. Fee details are described in Appendix A. H. The firm shall provide monthly billing. The bills shall identify all charges by billing number, the time spent on the matter, and a detailed description of the work performed. The precise format of the billing statement shall be agreed to by the City and the Attorney. IV. Responsible Attorney and Staff. Darcy M. Erickson shall be the primary attorney for the City. In Ms. Erickson's absence,Korine L. Land shall assume the duties of primary attorney., In Ms. Land's absence,Jay P. Karlovich or Bridget M.Nason shall assume the duties of primary attorney. Ms. Erickson and Ms. Land shall be responsible for the performance of this agreement, although they may be assisted by other attorneys or support staff in the firm. 3 35 V. Conflicts of Interest. The Attorney shall not accept any client or project which would knowingly place it in a conflict of interest with the services to be provided to the City under this agreement. If a conflict of interest should develop, the Attorney shall be responsible for taking the necessary steps to comport its representation of the City with the Lawyers Code of Professional Responsibility. The Attorney shall be responsible for any additional costs incurred by the City in obtaining additional legal representation if such representation becomes necessary due to a conflict of interest. VI. Assignment of Services and Agreement. LeVander, Gillen & Miller, P.A., shall not assign any interest or obligation of this Agreement without the prior written consent of the City. VII. Affirmative Action. Because the City requires and follows a policy of Affirmative Action and will not tolerate discriminatory acts, the Attorney shall not discriminate against any person on the basis of age, sex, religious beliefs, political affiliations, or other protected classifications under federal, state, or local laws or regulations. VIII. Work Product. All ordinances, resolutions, correspondence, and other documents or materials drafted for the City by the Attorney or by other LeVander, Gillen&Miller, P.A.,attorneys on behalf of the City shall,upon their completion,become the property of the City. IX. Insurance and Indemnification. Attorney agrees to maintain a valid policy of Professional Liability Insurance for the duration of this agreement. Said policy will be valued at $2,000,000 per occurrence and the City Attorney will provide a certificate of insurance showing such coverage. Attorney further agrees to defend, indemnify, and hold harmless the City, its agents and employees against all causes of actions against the City or any of its agents or employees that arise from or as a result of the Attorney's negligent actions, negligent omissions, or negligent advice under the terms of this Agreement. X.Employment Status. It is expressly understood that the City Attorney is an independent contractor. Any employees assigned by the City Attorney to perform obligations under this agreement shall remain the exclusive employees of the City Attorney for all purposes, including, but not limited to wages, salary,benefits,and Workers'Compensation. 4 36 XI.Performance Review. The City and its Attorney agree that the City may formally review the performance of services by the Attorney under this agreement on an annual basis. The form and content of such evaluation shall be determined by the parties. XII.Dispute Resolution. 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. If disputes can not be resolved informally by the parties,the following procedures shall be used: * Mediation. Whenever there is a failure by the parties to resolve a dispute on their own, the parties shall first attempt to mediate the dispute. The parties shall agree upon a mediator, or if they can not 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 the Attorney, and shall continue in that order until one name remains. * Litigation. If the dispute is not resolved within thirty (30) days after completion of mediation, the parties may litigate the matter. XIII. Termination. The City or Attorney may terminate the terms of this agreement upon sixty-days' written notice with or without cause. Failure by the City or the Attorney to comply with any of the terms of this agreement shall be grounds for immediately terminating this agreement, as shall be the City's dissatisfaction with the Attorney's performance under the agreement. Upon termination of this agreement, the City shall only be responsible for the monthly fee and any additional billings accrued as of the date of termination. Further, the City expressly reserves its right to hire independent counsel on matters it determines require an attorney with more experience or expertise in a particular field. In such a situation, the City shall remain responsible to the Attorney for the monthly fee provided under this Agreement along with any billings not related to the matter for which special counsel was retained. The City shall only be responsible to the Attorney for extra expenses in relation to the matter for which special counsel is retained if the City names the Attorney as co-counsel in the matter or otherwise requests the attorney's participation. 5 37 XIV. Acceptance. The terms of this agreement are hereby accepted and made binding upon and between the City of Fridley and the law firm of LeVander, Gillen&Miller,P.A. CITY OF FRIDLEY LeVANDER,GILLEN& MILLER,P.A. By: By: Scott J. Lund Darcy M.Erickson Mayor By: By: Walter Wysopal Korine L. Land City Manager 6 38 Compensation (Appendix A) Scope of Services Fees Legal opinions,research, ordinance and $140.00 per hour for all attorneys. resolution drafting,telephone conference, $100.00 per hour for all legal assistants. personal conferences, correspondence, agreements,contracts and related documents and general civil legal administration; consultation with department heads and city administration;calling to the attention of the City Council all matters of law affecting the City; approve as to form all bonds and insurance required to be submitted to the City; criminal prosecution of code enforcement, property maintenance, licensing and rental housing code violations;attend City Council meetings, HRA meetings,commission meetings and other meetings as requested. All City capital improvement projects, $155.00 per hour for all attorneys. including Minn. Statute Chapter 429 projects. $115.00 per hour for all legal assistants. All acquisitions of interests in lands by direct negotiation and preparation of real estate transfer documents. All HRA project matters, including development projects,redevelopment projects, development coordination and financing,purchase agreements,easements, leases, general contract negotiation and drafting,analysis of coordination of development districting,title research, eminent domain direct purchase and relocation activities, and meetings with developers, regulatory agencies and other governmental authorities for HRA project matters. All City or HRA civil litigation,mediation, $155.00 per hour for all attorneys. arbitration for eminent domain acquisitions, $115.00 per hour for all legal assistants. relocation administrative proceedings,special assessment appeals, land use,zoning, liquor licensing and other permit litigation,collection litigation,performance and payment bond proceedings and employment litigation. 39 Compensation (Appendix A) Scope of Services Fees All Development Paid Services. $205.00 per hour for all attorneys. "Development Paid Services"means providing $130.00 per hour for all legal assistants. legal representation on behalf of the City or HRA for those matters that are in turn re-billed by the City or HRA to a developer or applicant for a land use permit or for a license or for financial assistance. Development Paid Services include,but are not limited to development contract negotiation and drafting, eminent domain proceedings for development districts and public improvement projects for a specific developer. Development Paid Services also include litigation in furtherance of a developer's or applicant's project. Mileage (To and from City Hall) No charge. Mileage Reimbursement. Applicable IRS approved rate. Westlaw Legal Research Actual cost. Anoka County Online, Property Record Actual cost. Recorder,Recording, Filing Fees for which charges are composed. Photocopying; Color Copies $.20/page; $.49/page All time will be billed in minimum increments of one-tenth (0.1)hour. LeVander, Gillen & Miller, P.A., agrees that this fee structure shall remain in effect from January 1,2017 through December 31,2019. Any proposed fee adjustment after the initial years of representation will be submitted to the City Council for its review, and any proposed fee adjustment will be supported by the appropriate market data. A-2 40 AGENDA ITEM lity- °f CITY COUNCIL MEETING OF ridley DECEMBER 12, 2016 To: Mayor and City Council From: Walter T. Wysopal, City Mana yeSej Date: December 12, 2016 Re: City Manager Employment Agreement Extension Unlike other employees of the City of Fridley, the City Manager serves at the discretion of the Mayor and City Council. The services provided and terms of employment are therefore memorialized in a formal written agreement between the City and City Manager. The agreement is for a specified period and the terms adjustable based on mutual agreement of the parties. The current agreement was for a three-year period. It became open for renegotiation on June 17 of this year. The Mayor led negotiations on behalf of the City by the consent of the City Council. The City Manager represented himself. The City HR Director provided the Mayor with data and other support information. The City Attorney provided legal advice and re-drafted the proposed agreement. The Mayor and City Manager met on several occasions and reached a tentative agreement on a three-year extension. The City Council was advised of the terms of the proposed agreement in a memo on December 2. The Council will be afforded the opportunity to discuss the proposal in a conference meeting on December 12. The final approval is scheduled for the Council agenda later that night. Proposed Terms of Extension The Agreement would remain unchanged except for the following terms: A. Section 3, A. Termination by City and Severance Pay. 1. Add benefits to severance pay definition should the Council terminate. This is not extended in cases of malfeasance or criminal activity. This is the current practice for other City Employees. 41 B. Section 4, Salary. 1 Retroactive to June 17, 2016, a 2% increase payable in a lump sum on the last payroll in 2016. 2. Effective January 1, 2017, and each year thereafter an increase equal to that received by non-union employees. C. Section 10. Automobile Allowance. 1. Eliminate the car allowance and include the dollar value in the base salary. Note in Agreement that salary reflects in it an amount for automobile allowance. Such allowances are considered salary for purposes of the State Salary cap. D. Section 12. Annual Leave. 1. For purposes of applying the Annual Leave benefit will be at the 14 year equivalent effective January 1, 2017. This partially reflects the incumbents 32 years of professional experience. E. Section 15. Benefit Terms and Conditions. 1. City to contribute an amount equivalent to 85% of the City's monthly premium for family coverage for the Base Health Plan. The City Attorney and HR Director have reviewed the Agreement for purposes of conformity to laws, City programs and other technical issues and have found it to be in conformity to these concerns. Recommendation The City Council may consider approving the attached Agreement with Walter Wysopal or it may re-initiate negations. 42 EMPLOYMENT AGREEMENT BETWEEN CITY OF FRIDLEY AND WALTER WYSOPAL THIS AGREEMENT entered into this day of December, 2016, by and between the City of Fridley, Minnesota (hereinafter referred to as "City") and Walter Wysopal (hereinafter referred to as "Wysopal"). WHEREAS, the City hired Wysopal as its City Manager effective June 17, 2013; WHEREAS, the City desires to continue to employ the services of Wysopal as City Manager; and WHEREAS, Wysopal desires to continue employment in the position of City Manager; WHEREAS, the original Employment Agreement is hereby replaced in full by this Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. A. The City hereby agrees to employ Wysopal as City Manager and Wysopal hereby agrees to perform the functions and duties of City Manager as specified in Minnesota State Statutes, City Charter, and as specified in the attached position description (Exhibit A), as may be amended from time to time by the City Council, and to perform such other legally permissible and proper functions and duties as the City Council from time to time shall assign. B. The City Council reserves the right, from time to time, to change, clarify and modify the functions and duties of the position of City Manager and to add or delete functions and duties with respect to this position. If the City Council by written resolution does make a change, clarification, modification, addition or deletion, then such alteration automatically'shall become a part of and an amendment to the position description attached hereto, and Wysopal shall perform the duties and functions of his position according to the amended position description. C. The employment provided by this Agreement shall be Wysopal's sole employment. However, recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the City and thecommunity, Wysopal may elect to accept limited teaching or -2- 43 consultingopportunities with the understanding that any such arrangements must not constitute interference with nor a conflict of interest with his responsibilities under this Agreement. Said limited teaching and consulting opporutnities shall not hinder the imparital, objective or efficient performance of Wysopal's duties under this Agreement. Wysopal shall not work for pay for private individuals or other governmental agencies which work would be required or expected to be performed in the regular course of Wysopal's City employment as determined by the City Council. Violation of this Section 1 (C) may be considered grounds for termination under Section 3 (F). D. The City Council, in its sole discretion, may fix such other terms and conditions of employment for Wysopal as from time to time it may determine are desirable, provided such terms and conditions are not inconsistent with or do not conflict with the provisions of this Agreement. E. Without the express consent of a majority of the City Council, Wysopal, acting within the scope of employment, shall not engage in activities, actions, public displays, or behaviors which are directly contrary to the established policies, goals, programs, and positions of the City Council. Wysopal shall not use or disclose any information or data not otherwise already in the public domain for personal or financial gain. Wysopal shall disclose to the City Council any direct, indirect or perceived conflicts of interest that Wysopal may have relative to matters appearing before the City Council or as transacted by the City in its routine operations. Violation of this Section 1 (E) may be considered as grounds for termination under Section 3 (F). F. Wysopal understands that the position of City Manager requires attendance at evening meetings and occasionally weekend meetings. Wysopal understands that the City will not grant him additional compensation and compensatory time for such additional expenditures of his time. Wysopal is not entitled to overtime pay. Section 2. Term. A. This Agreement is of indefinite term and shall continue until terminated by either the City Council or Wysopal through his resignation. B. Wysopal's employment is for an indefinite term to be served at the pleasure of the City Council. The parties agree that the City Council, at any time, at its sole discretion, by a majority vote of the full Council, has the right, with or without adequate cause, to terminate this Agreement and the services of -3- 44 Wysopal, subject only to payment under Section 3 hereof. Wysopal shall be deemed an "at will" employee. Prior to such termination, the City Council shall afford Wysopal the opportunity for a public hearing in front of the City Council. Wysopal is deemed an exempt employee under the Federal Fair Labor Standards Act. C. The parties agree that Wysopal has the right, at any time, to terminate this Agreement and voluntarily resign from the position of City Manager. If Wysopal terminates this Agreement and resigns, he must give the City two (2) months of advance written notice of the resignation, including the last date of employment with the City and the reason for the resignation, unless otherwise agreed by the parties; and he shall be paid by a lump sum cash payment for any accrued but unused annual leave, within one pay cycle following the date of his resignation. D. Wysopal and the City agree to review the terms of this Agreement every three (3) years. Section 3. Termination by City and Severance Pay. A. Except as provided in Section 3 (B), (C), (D), (E) and (F), in the event this Agreement and the services of Wysopal are terminated by the City Council, the City shall pay Wysopal severance pay by a lump sum cash payment equal to six (6) months of aggregate base salary with benefits at the time of his termination. Said benefits are the City's contributions for the following: health insurance, dental insurance, life insurance, and the City contribution for deferred compensation. Under such conditions, the City also shall pay Wysopal a lump sum cash payment for any accrued but unused annual leave. In the event the City Council at any time during the term of this Agreement reduces the salary or other financial benefits of Wysopal in a greater percentage than an applicable across-the-board reduction for all City department heads, or in the event the City refuses to comply with any • provision benefiting Wysopal hereunder, then in any such event and at Wysopal's option he shall be deemed "terminated" as of the date thereof for the purposes of this Section and this Agreement. In such an instance, the City shall pay Wysopal severance pay equal to six (6) months of aggregate base salary at the time of his termination, together with any accrued but unused annual leave. B. In the event that the City Council terminates Wysopal because of any of the following: • theft or embezzlement of money or City funds by Wysopal -4- 45 • willful malfeasancebyWysopal al y p • nonfeasance or misfeasance by Wysopal • repeated failure or refusal by Wysopal to follow the City Council's direction or orders as memorialized in a written resolution • willful neglect of duties • conviction of Wysopal of a felony then Wysopal shall not be entitled to any severance pay under Section 3 (A). C. Provided Wysopal is eligible for the disability insurance provided through the City, in the event that Wysopal (i) is permanently disabled such that Wysopal is unable to perform one or more of the essential duties of his position or (ii) is otherwise unable to perform the essential duties of his position because of sickness, accident, physical or mental health or injury for a period of four (4) weeks beyond any accrued annual leave or for three (3) total months out of any continuous four (4) month period, the City Council may terminate this Agreement and in such instance the City shall not be required to pay Wysopal any severance pay under Section 3 (A). D. In the event Wysopal dies during the term of this Agreement, the City is not required to pay severance pay under Section 3 (A). In such an instance, the City shall pay any accrued but unused annual leave. E. In the event Wysopal resigns under Section 2 (C), the City is not required to pay severance pay under Section 3 (A). In such an instance, the City shall pay any accrued but unused annual leave. F. In the event that the City Council terminates Wysopal due to a violation of Section 1 (C) or Section 1 (E), Wysopal shall not be entitled to any severance pay under Section 3 (A). Section 4. Salary. The annual salary for Wysopal shall be $140,712 for calendar year 2016. In addition,the City shall pay Wysopal a 2% increase retroactive to June 17, 2016 payable in a lump sum of $1,512.00 together with the City's contributions for PERA and deferred compensation on said $1,512.00 lump sum payment on the last payroll in 2016 Effective January 1, 2017, the annual salary for Wysopal shall be $148,012.80 and each year thereafter, Wysopal shall receive whatever general increases (commonly referred to as cost of living adjustments ("COLAs")) when provided to all other other non-union full-time authorized employees. Any further adjustments shall be made on June 17 of each calendar year or at such other times as may be determined at the sole discretion of the City Council. All such further adjustments shall be determined at the sole discretion of the -5- 46 entire City Council by majority vote thereof. Section 5. Performance Evaluation. The City Council shall review with Wysopal and evaluate the performance of Wysopal on a periodic basis, as frequently and at such times as are deemed advisable by the Council. Section 6. Dues and Subscriptions. The City recognizes the desirability of and encourages Wysopal's participation and membership in professional organizations such as the International City Managers Association ("ICMA") and Minnesota City/County Management Association ("MCMA") and subscription to a reasonable number of professional publications related to his position of City Manager at the City's expense. Any other memberships or subscriptions must be reviewed in advance and approved as a part of the regular budget process or upon approval of the City Council. Section 7. Seminars and Conferences. The City recognizes the desirability of and encourages Wysopal's professional development through attendance and participation at a reasonable number of professional seminars and conferences at the City's expense. Payment by the City for Wysopal's attendance at all conferences, seminars and other such occasions must be approved in advance and approved as a part of the regular budget process or upon approval of the City Council. Section 8. Civic Club Membership. The City recognizes the desirability of participation by Wysopal in local civic and other community organizations. Payment by the City for Wysopal's membership in such civic and community organizations must be approved as a part of the regular budget process or upon approval of the City Council. Section 9. General Expenses. The City recognizes that from time to time Wysopal will, of necessity, spend personal funds to adequately fulfill the duties and functions of his position. In recognition thereof, the City agrees to reimburse Wysopal for all such direct out-of-pocket expenses, in accord with guidelines established in advance by the City Council. Section 10. Automobile Allowance. Effective January 1, 2017 and thereafter, in lieu of any car allowance,the City shall increase Wysopal's base salary $4,501.76, which shall be paid in installments over 26 pay -6- 47 periods during the 2017 calendar year. Thereafter, the parties recognize and agree that Wysopal's base salary reflects in it an amount for an automobile allowance. Section 11. Cell Telephone/Technology Plan. The City shall issue to and provide at no cost to Wysopal the cell phone/technology plan available to other City department managers and eligible City employees. Section 12. Annual Leave. Effective January 1, 2017, the City hereby vests Wysopal annual six aditional leave days in his annual leave balance and shall aloow hime to begin accruing annual leave at the Tier 2 level, which is the equivalent of a 14-year City employee.. On June 17, 2018, Wysopal shall begin accruing annual leave at the Tier 3 level, which is the equivalent of a 15-year City employee and shall accrue a total of 26 (8 hour) days per year.. at the 14 year equivalent. Thereafter, Wysopal shall then accrue annual leave at the same level as other non-union full-time authorized employees based on similar years of employment with the City. Wysopal's maximum total accumlation of annual leave at the end of any given year shall be 280 hours as set forth in the City Code § 304.1, identical to the leave benefit provided to non-union full-time authorized employees. Section 13. Retirement Benefits. The City agrees to contribute to the State Public Employees' Retirement Association (PERA) defined contribution plan for City Managers the employer's portion of retirement benefits to which Wysopal is entitled. Wysopal agrees to pay his share. Under the current rates, Wysopal will contribute 6.25% of his salary and the City will contribute 6.25% of Wysopal's salary to the PERA fund. The City further agrees to contribute 3% of Wysopal's annual base salary to the International City Manager Association — Retirement Corporation ("ICMA-RC") for the benefit of Wysopal's retirement. The City agrees to contribute 5% to ICMA-RC for the benefit of Wysopal's retirement. With respect to the City's contributions into ICMA-RC for the benefit of Wysopal's retirement, Wysopal agrees to comply with the equal match contribution reqirement provided in Minn. Stat. §356.24, subd. 1, as may be amended from time to time. Section 14. Life Insurance. In addition to the standard life insurance policy available to non-union full-time authorized employees, the City also agrees to provide for the benefit of Wysopal a voluntary term life insurance policy in the amount of $50,000 through the City's life insurance provider. -7- 48 Section 15. Benefit Terms and Conditions. Except as otherwise provided herein, to the extent not inconsistent with or in conflict with the provisions of this Agreement, all regulations, restrictions, rules and scope of benefits of the City relating to the benefits identified on the attached Exhibit B as they apply to other non-union full-time authorized employees and as they now exist or hereafter may be amended, also shall apply to Wysopal; and Wysopal shall be entitled to receive such benefits upon such terms and conditions. In those situations in which the City grants different benefit packages to different groups of employees, Wysopal shall be entitled to receive the same benefits as are provided City department heads. With respect to health insurance benefits identified on Exhibit B, beginning on January 1, 2017 and thereafter, the City shall provide Wysopal an amount equivalent to 85% of the City's current monthly premium for family coverage under the City's Base Health Plan (the City's "Health Care Contribution" for purposes of this Section). Wysopal may choose any City health insurance benefits identified on Exhibit B and to the extent that the City's Health Care Contribution exceeds Wysopal's actual premium expense of Wysopal's selected health care coverage premium, the City shall deposit any such excess into a Health Savings Account for Wysopal's benefit. Wysopal and the City mutually agree that, if the City's health insurance benefit plans identified on Exhibit B change significantly, the parties shall meet to renegotiate Wysopal's health care benefit provided pursuant to this Agreement. To the extent the governing provisions relating to such benefits require the consent, waiver or approval of the City Manager as such benefits relate to other employees, Wysopal must obtain the consent, waiver or approval of the City Council as such benefits apply to Wysopal. Section 16. Compliance With Policies and Regulations. To the extent not inconsistent with or in conflict with the provisions of this Agreement and as they apply to other non-union full-time authorized employees, all obligations and responsibilities set forth in the policies and regulations identified on Exhibit C and currently on file with the City's Director of Human Resources as they now exist or hereafter may be amended shall also apply to Wysopal; and Wysopal shall comply with such policies and regulations. The policies and regulations identified on Exhibit C are incorporated into the Agreement as if fully set forth herein and Wysopal acknowledges and agrees that the City has provided him a copy of said policies and regulations identified on Exhibit C. To the extent the governing provisions relating to such policies and regulations require the consent, waiver or approval of the City Manager as such policies and regulations relate to other employees, Wysopal must obtain the consent, waiver or approval of the City Council as such policies and regulations apply to Wysopal. Section 17. Discipline. -8- 49 For adequate cause and after affording Wysopal an opportunity for a public hearing before the City Council, the City Council, by a majority vote of the entire Council, may impose any of the following forms of discipline upon Wysopal: 1. verbal warning 2. written reprimand 3. suspension without pay. Progressive discipline measures used shall be at the sole discretion of the City Council, contingent upon the determination of the act of severity as to the disciplinary action to be imposed. Termination of this Agreement shall be governed by Sections 2 and 3 hereof. Section 18. Indemnification. The City shall defend and indemnify Wysopal pursuant to Minn. Stat. § 466.07. Section 19. Amendment and Review. The parties may mutually amend this Agreement at any time, and all such amendments shall be in writing. Section 20. Governor's Salary Cap. Nothwithstanding any provision of this Agreement, in no event may Wysopal's salary and the value of all other forms of compensation, as defined in Minn. Stat. § 43A.17, subd. 1 and further described and set forth in Minn. Stat. § 43A.17, subd. 9, exceed 110% of the salary of the Governor of the State of Minnesota as set under Minn. Stat. § 15A.082 (the "Governor's Salary Cap"). If, by way of automatic adjustments or increases such as COLAs, by way of example, Wysopal's salary and all other forms of compensation, as defined in Minn. Stat. § 43A.17, subd. 1 and further described and set forth in Minn. Stat. § 43A.17, subd. 9, would exceed the Governor's Salary Cap, the City and Wysopal shall agree to mutually work towards a solution that is acceptable to Wysopal and the City. Section 21. General Provisions. A. Acknowledgement of Reasonableness. The parties agree that the provisions in this Agreement are fair and reasonable. B. Entire Agreement. The text herein shall constitute the entire agreement -9- 50 between the parties hereto and shall supersede all prior oral or written agreements. C. Binding Effect. This Agreement shall be binding upon the parties. D. Waiver. The waiver of any breach of term or condition of this Agreement shall not be deemed a waiver of any other or subsequent breach whether like or different in nature. E. Headings. The captions contained herein are not part of this Agreement. They are included only for the convenience of the parties and shall not affect the construction or interpretation of any of its provisions. F. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. Any action arising out of this Agreement shall be venued in Anoka County, Minnesota. G. Effective Date. This Agreement shall become effective upon execution by the parties. H. Severability. If any provision or portion thereof contained in this Agreement shall be held unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable, shall not be affected and shall remain in full force and effect. I. Nonassignability. This Agreement may not be assigned by any of the parties. J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. [The remainder of this page is intentionally left blank.] -10- 51 IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement, in duplicate, on the day and year first above written. CITY OF FRIDLEY By: Scott J. Lund Its Mayor By: Walter Wysopal Its City Manager -11- 52 EXHIBIT A ADMINISTRATION CITY MANAGER POSITION SUMMARY The City Manager is the chief administrative officer of the City. To the extent allowed by law, and unless otherwise circumscribed by City Charter, ordinance, resolution or Council directive, the Council hereby delegates to the City Manager full authority to exercise ministerial and administrative powers consonant with the City Manager's duties and responsibilities. The City Manager shall be directly responsible to the Council. The City Manager's duties and responsibilities shall be in the areas of: 1. supervision 2. enforcement and implementation 3. coordination 4. personnel officer 5. budgeting and financial monitoring 6. council advisor 7. public relations The City Manager shall have the necessary and incidental powers to perform fully the duties and responsibilities set forth below. The City Manager's duties and responsibilities set forth below are not all inclusive; the City Manager shall perform such other duties as may be prescribed by statute, ordinance, City Charter, Council resolution or Council directive. The City Manager duties include serving as the Executive Director of the City Housing and Redevelopment Authority. The City Manager is directly accountable to the City Council. SUPERVISION 1. The City Manger shall manage all department heads and shall coordinate the activities of consultants. 2. The City Manager shall ensure the development of an effective municipal organization. To this end,the City Manager shall: a. when necessary or advisable, recommend changes in organizational 53 structure; b. work with department heads to ensure effective job descriptions and classifications; c. monitor the effective utilization of employees; d. recommend staffing addition or deletions; e. recommend salary levels; f. recommend employee training activities; g. implement staff reorganizations or staffing changes made by Council; h. coordinate operation of the City departments. 4. To the degree deemed necessary, the City Manager shall monitor all consultant contracts and other contracts to which the City is party to ensure compliance. 5. The City Manager shall ensure that City buildings and other physical assets are effectively managed. 6. In accord with Council guidelines or directives, the City Manager may develop and issue administrative and ministerial procedures necessary to insure the proper functioning and coordination of City departments. These procedures shall be effective when issued and shall continue to be in effect until rescinded by the City Manager or by express Council action. The procedures shall not contravene stated Council policy and the City Charter nor shall the procedures contravene statute or ordinance. ENFORCEMENT AND IMPLEMENTATION 1. The City Manager shall be responsible for the timely enforcement of all laws and ordinances of the City, as well as the City Charter. 2. The City Manager shall implement the Council resolutions and policy directives in a timely manner. 54 COORDINATION 1. The City Manager shall ensure that the recommendations of advisory bodies, commissions and task forces are presented to the Council. • 2. The City Manager shall ensure that the Council's requests of or directives to advisory bodies, commissions and task forces are accurately communicated to those entities. 3. The City Manager shall provide necessary information to advisory bodies, commissions and task forces. 4. The City Manager shall be responsible for coordinating the activities of all City departments. 5. The City Manager shall ensure that communications from the public or other governmental bodies to the Council are accurately communicated to the Council on a timely basis. 6. The City Manager shall coordinate City programs as authorized by the Council. 7. The City Manager shall maintain communications with governmental jurisdictions with which the City is involved or interfaces. 8. The City Manager shall represent the City at such official or semi-official functions as may be directed by the City Council. PERSONNEL OFFICER 1. The City Manager shall be the chief personnel officer of the City. 2. The City Manager shall be responsible for the implementation, enforcement and monitoring of the City 's personnel standards as contained in the City Code and City Employee Personnel Policies and Procedures as may be interpreted or further defined by applicable City Council resolutions. 3. The City Manager shall advise the Council regarding appropriate staffing levels. 55 4. The City Manager shall recommend job descriptions for new positions and the City Manager shall recommend necessary or advisable revisions for existing positions. 5. In accordance with Council guidelines, the City Manager shall establish procedures for seeking job applicants and screening finalists for open positions. 6. The City Manager shall recommend a person to fill vacant positions. The ultimate authority to appoint or remove an employee shall be that of the Council. 7. The City Manager shall establish procedures for employee performance reviews, review the performance of employees, and shall recommend promotions, transfers, demotions, or termination. 8. The City Manager shall annually review employee salaries and recommend salary adjustments to the City Council. 9. When directed by the Council, the City Manager shall represent the City in contract negotiations with bargaining units under the Minnesota Public Employment Labor Relations Act. 10. The City Manager shall recommend personnel rules and regulations and shall recommend changes in working conditions to the Council. BUDGETING AND FINANCIAL MONITORING 1. The City Manager shall submit to the Council a single consolidated budget document which shall include statements relating to projected revenue and proposed sources, departmental requests, and all proposed expenditures to be made and obligations to be incurred by the City in the forthcoming fiscal year. 2. The City Manager shall administer and monitor all provisions of the adopted City budget. 56 3. During the fiscal year, the City Manager shall recommend to the Council budget modifications, if necessary or advisable. 4. On a regular basis, the City Manager shall report to the Council on the status of the City's finances and the status of the budget. 5. The City Manager shall recommend to the Council appropriate adjustments to maintain costs consistent with operating budgets and City objectives. 6. The City Manager shall recommend financing plans to accomplish major capital improvements. 7. The City Manager shall be responsible for the application within the Department of Finance of generally accepted financial and accounting procedures and methods. 8. The City Manager shall recommend to the Council accounting and financial procedures to be adopted and employed in all City departments. 9. The City Manager shall be responsible for ensuring that specifications are prepared for all items for which competitive bids or quotations are required. The City Manager shall recommend such specifications and be prepared to advise the Council on the justification for the individual specifications. The City Manager shall monitor the competitive bidding processes, shall, when deemed advisable, attend bid openings, and shall recommend award of contracts. 10. The City Manager shall develop and ensure effective utilization of appropriate budgeting and administrative planning and control procedures. The City Manager shall work with department heads to monitor department budgets and to ensure that proper budget control procedures, approved disbursements procedures and purchasing procedures are established and followed. 11. The City Manager shall monitor the investment of City assets and shall make recommendations relating thereto. 12. With respect to purchasing, the City Manager shall act as chief purchasing agent and shall have the responsibilities as established by that section of the City Charter dealing with purchasing procedures. 57 COUNCIL ADVISOR 1. The City Manager shall recommend to the Council changes, amendments or repeal of existing ordinances whenever necessary advisable. 2. The City Manager shall attend and may participate in discussion at all meetings of the City Council, unless excused from attendance by the Mayor. The City Manager shall also attend such other meetings of official City bodies or commissions as may be directed by the City Council. 3. The City Manager shall keep informed and shall inform the Council on intergovernmental matters affecting the operation of local government, such matters to include: a. Court decisions where the City is a party b. County, state and federal requirements c. State or federal administrative rules d. Developments and plans in other jurisdictions that may affect City Government 4. The City Manager shall advise the Council as to the future needs of the City. The City Manager shall recommend long-range programs and capital improvements. 5. The City Manager shall be responsible for preparation of the Council agenda. 6. The City Manager shall advise the Council on all significant matters which require Council action or approval. The City Manager shall ensure that such matters are fully and objectively presented to the Council. 7. The City Manager may present recommendations concerning the policies and objectives and shall make recommendations to adjust plans and policies to accommodate unforeseen and uncontrolled factors. 8. The City Manager shall keep informed on developments in the public administration field and shall advise the Council on matters relating thereto. 58 PUBLIC RELATIONS 1. The City Manager shall maintain a high level of contact with the public and meet the needs of the public within available resources and policy guidelines of the City Council. 2. The City Manager shall plan, organize, and maintain training of employees in contact with the public, either by phone or in person, to ensure that an attitude and feeling of helpfulness, courtesy, and sensitivity to public perception exists in such employees. 3. The City Manager shall establish and maintain an image of the City Organization to the community that represents service, vitality and professionalism. 4. The City Manager shall establish and maintain a liaison with private non- governmental agencies, organizations and groups involved in areas of concern that relate to services or activities of the City. 5. The City Manager shall establish and maintain a liaison with other governmental jurisdictions in those areas of service that improve or enhance the City's programs. 59 EXHIBIT B SUMMARY OF EMPLOYEE BENEFITS -2013, (For Regular Full-time Benefited Non-Union Employees) The City of Fridley is proud to offer a wide variety of attractive benefits to its employees in addition to their hourly wage or salary. Listed below is a summary of some of the benefits for regular full-time benefited employees who work 32 or more hours per week(non-union employees only). Union employees should consult their contract for benefit details. These benefits may be subject to change. ANNUAL LEAVE Regular Full-time employees are eligible to use their Annual Leave once they have accrued it. If the employee is transferred from part-time to full-time status, Annual Leave will begin to accrue on the date of transfer. Vacation pay is computed as your standard workweek multiplied by your straight-time hourly rate or,for full-time employees,your weekly salary. Accrual amounts are updated with each pay period and are recorded on your pay stub. Calculations regarding the amount of vacation that has been earned will be based on the following formula: Years of Service Accrue/Year Accrue/Pay Period 1 —7 • 18 days 5.54 hours 8— 15 24 days 7.38 hours 15—above 26 days 8.00 hours Regular Part-time Benefited employees receive Annual Leave based on the above schedule,but Annual Leave is prorated based on their scheduled hours. Temporary or Seasonal employees do not receive annual leave. BEREAVEMENT LEAVE The City's intent is to lessen the hardships associated with a death in the family. Therefore, if a death in the employee's immediate family occurs,time off and continuance of pay will be granted up to three(3)days will be granted for bereavement leave, depending on the situation and or family member. HOLIDAYS The City is normally closed for 11 holidays as approved by the City Council. The exact dates of these holidays will be posted each year. If a holiday falls on a Saturday,the City will be closed on the previous Friday. If a holiday falls on a Sunday,the City will be closed on the following Monday. If you need special consideration to observe a religious holiday, we will make every reasonable accommodation to let you have the day off without pay. 60 JURY DUTY An employee summoned to jury duty will be paid their normal pay while actively serving, provided the employee submits certification that they were in court. The employee must provide notice to their supervisor and Human Resources as soon as they are summoned as well as follow normal reporting procedures for absences. FLEXIBLE BENEFIT PLAN A Flexible Benefit Plan is available to full-time employees and part-time employees working at least 32 hours per week. The City's health insurance for the year 2013 is through Medica. Employees are allowed to choose one of three options when considering their benefit coverage: A. Health/Dental/Life Insurance Package(see rates below): Employees may choose this option if they wish to have the health, dental and life insurance package. Employees enrolled in this option will receive the employer's contribution. B. Monthly cash option of$467.77. Employees may choose this option if they have health and dental coverage elsewhere. This option is considered taxable to the employee. Basic Term Life Insurance Coverage for$25,000 is provided at no additional cost to the employee. Proof of health and dental insurance coverage through another plan is required in order to waive coverage. C. 10 Days of Annual Leave or 80 hours. Basic Term Life Insurance Coverage for$25,000 is provided at no additional cost to the employee. Proof of health and dental insurance through another plan is required in order to waive coverage. HEALTH INSURANCE The City's health insurance provider is Medica. The city offers three products for employees. All plans offer the same provider network, however,the benefit levels vary(See Summary Plan Description). Listed below is the summary of the costs and options: 1) "The Base Plan"(80/20 Plan)allows employees open access to a large network of providers. Monthly premiums are: $695.38 for individual coverage(employee pays $34.77 per month) and $2,003.92 for Dependent Insurance(employee pays$601.18 per month). 2) "Health Reimbursement Amount(HRA)paired with a VEBA(Voluntary Employee Benefit Account):" This option offers a high deductible health plan with a monthly contribution from the City that goes into a trust to be used to pay for healthcare expenses,now and into the future. The VEBA contribution is only open to active employees. Premiums are: $580.06 per month for individual coverage(Employee pays$19.47 per month) and those choosing dependent coverage see a monthly premium of$1,671.59(Employee pays $368.85 per month). • 61 In addition to the premium savings,the City will contribute $100 per month into a VEBA Trust Account through US Bank to be used for future medical expenses, even beyond employment. This fund has the opportunity to interest and has no"use it or lose it"requirement. 3) "Health Savings Account(H.S.A.)": This option is high deductible health plan paired with a health savings account through US Bank. The monthly premium is$559.05 for single coverage (Employee pays$0.00)and for dependent coverage,the premium is $1,611.10(the employee pays $308.36 per month). In addition to the premium savings,the City will contribute $100 per month into a savings account at US Bank to be used for future medical expenses,even beyond employment. This fund has the opportunity to earn interest and has no"use it or lose it"requirement. DENTAL INSURANCE Delta Dental is the City's dental care provider.There are two options for dental care in an open access program,which allows the employee to choose between the DeltaPreferred Network of dentists and clinics for the greater discount, or the DeltaPremier Network,where the employee goes to a dentist or clinic of their choice not in the network. Total Monthly Premium: $41.56 Individual $88.03 Individual plus one(1)dependent or spouse $124.98 Dependent coverage (more than two dependents) The City of Fridley contributes $22 per month per employee toward the dental monthly premium. LIFE INSURANCE Regular full-time employees and part-time employees working at least 32 hours per week receive $25,000 in basic term life insurance coverage on the first day of employment at no charge to the employee. Additional Supplemental Life insurance and Accidental Death&Dismemberment (AD&D)Insurance is available to employees and dependents for an additional amount. Rates and enrollment information will be provided at the new employee orientation. PERA LIFE INSURANCE An additional life insurance is available to employees eligible for PERA(see below)for$16 monthly premium. This includes Accidental Death &Dismemberment along with dependent life insurance. A separate enrollment form is required.No employer contribution is available for this benefit. FLEXIBLE COMPENSATION PLAN(Flexible Spending Account) Because the City of Fridley offers a Flexible Benefit Plan, employees are also eligible to participate in a Flexible Compensation or Flexible Spending Account. This allows employees to set money aside on a pre-tax basis(up to $2,500 for medical expenses and $5,000 per year for day care expenses)to pay for out of pocket expenses related to approved health/dental care and/or dependent care(i.e. day care or elder care). Simply, employees decide how much money they intend to use for 62 expenses, deductions are taken through payroll deduction bi-weekly,employees pay for expenses up front with the providers,then employees submit their proof of expenses/receipts to get reimbursed. Enrollment is optional for this program and occurs annually. WELLNESS PROGRAM In keeping with an overall philosophy of promoting employee wellness and fitness for all employees,the City of Fridley offers a voluntary wellness program that rewards employees with a choice of up to six(6)additional days off of annual leave per year or up to$200 reimbursement towards a health club membership(taxable income). Every six months, employees participate in a convenient 30-minute fitness assessment,which evaluates cardiovascular fitness; blood profile risk analysis;body and fat composition; muscle strength; flexibility and respiratory functions. Employees share in a portion of the cost for the blood profile(approx. $70 per person per testing session).This program is not open to part-time, seasonal or temporary employees. SHORT-TERM DISABILITY The City offers short-term disability insurance that provides for a portion of your salary if you become temporarily disabled. Employees are eligible for this benefit after they complete one year of employment. There is no monthly premium for short-term disability insurance, and employees will receive 100% of their salary beginning on the 21'consecutive day of lost time through day 90. In order to receive this benefit, a physician or health care provider must certify the disability. LONG-TERM DISABILITY The City offers a voluntary long-term disability program through Standard Life Insurance,which provides for up to 60%of your earnings at the point of 90 calendar days up to age 65 or at the point of Social Security eligibility. Because it is a voluntary benefit,the employee pays all premiums, once approved by the insurance company. This benefit is guaranteed issued upon the first 30 days of employee, after that,a health history questionnaire is required along with a health exam and approval from the company. PUBLIC EMPLOYEES RETIREMENT ASSOCIATION(PERA) All employees who are not full-time students,who work more than six(6)months consecutively, and earn more than $425 per month(gross)are required to participate in PERA. PERA is designed to help you save for your retirement and at the same time, reduce your taxable income. In 2012, each employee who qualifies for PERA are required to contribute 6.25%(9.6%for Fire and Police personnel)of their income and the City will contribute 7.25%for Coordinated Plan members. Police and Fire Fund members will receive a contribution of 14.4%. These rates are subject to change. DEFERRED COMPENSATION RETIREMENT PLAN Regular full-and regular part-time employees as well as Paid, On-call Firefighters are eligible to participate in a deferred compensation plan(457b)through Wells Fargo. Deferred Compensation is. a program that allows you to save and invest for your retirement through payroll deduction. Federal and state income taxes are deferred until your assets are withdrawn, usually during retirement when you may be in a lower tax bracket. 63 EMPLOYEE ASSISTANCE PROGRAM(EAP) The City of Fridley offers several resources for employees and their families to gain 24-hour assistance for mental health counseling, dependency issues, family issues, financial issues, legal matters, as well as many other free services. Employees can call Medica Optum at 1-800-626-7944 or Horizon Health EAP Services at 1-888-293-6948. Extra brochures are available in the Human Resources Department. WORKER'S COMPENSATION The City of Fridley provides workers' compensation insurance and benefits to all employees. If you are injured,you need to report any injury immediately to your supervisor, no matter how minor it may appear. You may not be covered under this benefit if you do not report it to your employer. Once reported,the details of the injury and report are processed with the League of Minnesota City Insurance Trust for review and acceptance. If accepted,you may be entitled to wage-loss benefits. For further information, contact Human Resources at 763-572-3507 or the League of Minnesota Cities Insurance Trust at 651-215-4169. SOCIAL SECURITY AND MEDICARE Employees will be entitled to retirement, disability, and survivor benefits under the federal government's Social Security program. You and the City for a total of 6.2% for Social Security and 1.45%for Medicare share the cost of your Social Security and Medicare benefits. EDUCATION SUPPORT AND TUITION REIMBURSEMENT We strive to provide on-the-job instruction and training to all employees. It is our belief that as you expand your City knowledge and expertise through on-the-job training and formal education you become more valuable to the City. Full-time authorized employees are eligible for tuition assistance for work-related courses and degrees through a community college or university. The annual limit for Tuition Reimbursement is $2,925 per calendar year for each eligible employee. DIRECT DEPOSIT All employees will be required to have their pay directly deposited into the financial institution of their choice. In some cases, employees may be able to designate multiple funds in which to be deposited. Employees who have their paycheck direct deposited will still receive a pay statement for their records. CREDIT UNION All employees with the City of Fridley are eligible to become a member of the Affinity Plus Federal Credit Union, open to public employees. More information will be provided at the new employee orientation. FUN AT THE CITY OF FRIDLEY The City of Fridley offers a variety of activities for all employees. The Employee Relations Committee organizes several events and activities throughout the year,which may include: a holiday event, a summer picnic, Halloween event, popcorn get-togethers, employee appreciation, 64 and other activities. All activities are funded solely from monies raised by employees to coordinate these events. In addition,the City Manager hosts an annual employee appreciation event and the Recreation Department sponsors an annual employee golf tournament. Some departments organize activities and events as well. QUESTIONS? More information and details will be provided during your new employee orientation and in your Employee Handbook. If you have any questions or need further information, please contact the Human Resources Department at 763-572-3507 or 763-572-3504. 65 EXHIBIT C LIST OF POLICIES AND REGULATIONS City Employee Personnel Policies and Procedures (commonly referred to as the Employee Handbook) 66 CITY COUNCIL MEETING OF DECEMBER 12, 2016 JJFridliej To: Walter T. Wysopal, City Manage From: Sarah M. Kimball, Fridley Prosecutor Date: December 1, 2016 Re: A resolution authorizing the City Manager to enter into and execute the Master Subscriber Agreement for Minnesota court data services for government agencies. In April 2015,the Minnesota Supreme Court adopted amendments to the Minnesota Rules of Court that provide a timeline for the statewide expansion of eCourt MN to all 87 Minnesota counties. Effective July 1, 2016 the use of eCourt MN is mandatory for attorneys, government agencies, and guardians ad litem in all district courts statewide. This service is provided at no cost to authorized government entities. To be compliant with the mandatory new access rules the Fridley Prosecutor's Office has initiated the application process for access to the new eCourt MN system. As part of that application process the City Manager is required to sign a Master Subscriber Agreement with the Minnesota Judicial Branch to allow members of the prosecutor's office access the eCourt MN system. The application process mandates a resolution to be passed by the City Council giving the City Manager authority to sign the agreement on behalf of the Fridley Prosecutor's Office. The prosecutor's office is requesting the City Council approve the attached resolution authorizing the City Manager to enter into and execute the Master Services Agreement for Minnesota court data services for governmental agencies as shown in Attachment 1. 67 RESOLUTION NO. 2016 - A RESOLUTION AUTHORIZING THE FRIDLEY CITY PROSECUTOR TO ENTER INTO AND EXECUTE THE MASTER SERVICE AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES WHEREAS, the new Minnesota Government Access Accounts, allowing government agencies to view appropriate electronic court records and documents stored in the Minnesota Court Information System for cases in Minnesota district courts, require authorization from the governing body; and authorizing the Fridley City Prosecutor to enter into a Master Subscriber Agreement with the State of Minnesota. WHEREAS, the City of Fridley Prosecutors office requests authorization to enter into a Master Subscriber Agreement with the State of Minnesota. WHEREAS, the agreement will allow the city prosecutors office access and defines responsibilities as a subscriber to the Minnesota Court Data Services. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley, Minnesota, approves and authorizes Wally Wysopal, City Manager; or his successor, as the designated and Authorized Representative for the City of Fridley, to sign the Master Subscriber Agreement for the Minnesota Court Data Services for Governmental Agencies. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the Minnesota Judicial Branch to maintain the City Prosecutor's connection to the systems and tools offered by the Minnesota Judicial Branch. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF DECEMBER,2016. SCOTT J. LUND-MAYOR ATTEST: DEBRA A. SKOGEN- CITY CLERK 68 MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES THIS AGREEMENT is entered into by and between Ci o{ ft'dle , (6ovemment Subscriber Nam of (0431 Vti ive i y Nf f ect ie b MN 5541-3z , (Government Subscriber Address) C. (hereinafter "Government Subscriber") and THE STATE OF MINNESOTA Office of State Court Administration of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155 (hereinafter "the Court"). Recitals The Court offers Court Data Services, as defined herein, to Minnesota Government Subscribers as authorized by the Rules of Public Access and Court Order. The Court Data Services are offered to Government Subscribers as governmental units and are offered solely for certain governmental use as permitted herein. Government Subscriber desires to use Court Data Services, and the Court desires to provide the same, to assist Government Subscriber in the efficient performance of its governmental duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. Court Data Services are defined in the Definitions section of this Agreement and may involve a one-way or two-way transmission of information between the parties, some of which may include court information that is not accessible to the public pursuant to the Rules of Public Access and which may not be disclosed by Government Subscriber without the prior approval of the appropriate court or record custodian. Government Subscriber agrees herein to limit its access to and use of Court Records and Court Documents through Court Data Services to the Government Subscriber's "Legitimate Governmental Business Need" as defined herein. Agreement NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein,the Court and Government Subscriber agree as follows: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. 1.1 Term. This Agreement shall be effective on the date executed by the Court and shall remain in effect according to its terms. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 1 of 14 69 i I 1.2 Termination. 1.2.1 Either party may terminate this Agreement with or without cause by giving written notice to the other party. The effective date of the termination shall be thirty (30) days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. Termination of this Agreement pursuant to Clause 4.5 shall be effective immediately and may occur without prior notice to Government Subscriber. 1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12.2, 12.3 and 15 through 24 shall survive any termination of this Agreement, as shall any other provisions that by their nature are intended or expected to survive such termination. Upon termination, the Government Subscriber shall perform the responsibilities set forth in paragraph 8.6 hereof. 1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent agreement between the parties. 2. DEFINITIONS. 2.1 "Agency Account Manager"means the Government Subscriber employee assigned with the tasks of: (1) being the point of contact for communications between Government Subscriber and the Court; (2) maintaining a current list Government Subscriber's Individual Users and their signed User Acknowledgment Forms and promptly notifying the Court when Government Subscriber's Individual Users with individual logins should have accounts added or deleted; (3) reporting violations of this agreement by Government Subscriber's Individual Users and steps taken to remedy violations to the Court. 2.2 "Court Data Services" means one or more of the following services and includes any additional or modified services identified as such on the Justice Agency Resource webpage of the Minnesota Judicial Branch website, which is currently www.mncourts.gov, or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates: 2.2.1 "Bulk Data Delivery" means the electronic transmission of Court Records in bulk form from the Court to the Government Subscriber, from one or more of the Court's databases and through any means of transmission, as described in applicable Policies &Notices and materials referenced therein. 2.2.2 "Court Integration Services" means pre-defined automated transmissions of i) Court Records from the Court's computer systems to Government Subscriber's computer systems; and/or ii) Government Subscriber Records from the Government Subscriber's computer systems to the Court's computer systems; on a periodic basis or as triggered by pre-determined events, as described in applicable Policies &Notices and materials referenced therein. 2.2.3 "MNCIS Login Accounts" means a digital login account created for and provided to the Government Subscriber for online access to and use of Court Records and Court Documents maintained by the Minnesota Court Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 2 of 14 70 Information System ("MNCIS"), as described in applicable Policies & Notices and materials referenced therein. 2.3 "Court Data Services Databases" means any databases and the data therein, used as a source for Court Data Services, together with any documentation related thereto, including without limitation descriptions of the format or contents of data, data schemas, and all related components. 2.4 "Court Data Services Programs" means any computer application programs, routines, transport mechanisms, and display screens used in connection with Court Data Services, together with any documentation related thereto. 2.5 "Court Records" means all information in any form made available by the Court and/or its affiliates to Government Subscriber for the purposes of carrying out this Agreement, including: 2.5.1 "Court Case Information"means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information and Court Documents, as defined herein. 2.5.2 "Court Confidential Case Information" means any information in the Court Records (including Court Documents)that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. 2.5.3 "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. 2.5.4 "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii)Court Confidential Security and Activation Information. 2.5.5 "Court Documents" means electronic images of documents that are part of or included in a court file. 2.6 "DCA" means the District Court Administrator pursuant to Minnesota Statutes, section 485.01. 2.7 "Government Subscriber Records" means any information in any form made available by the Government Subscriber to the Court and/or its affiliates for the purposes of carrying out this Agreement. 2.8 "Government Subscriber's Individual Users" means Government Subscriber's employees or independent contractors whose use or access of Court Data Services, Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 3 of 14 71 as well as the access, use and dissemination of Court Records (including Court Documents), is necessary to effectuate the purposes of this Agreement. 2.9 "Legitimate Governmental Business Need" means a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities and as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. 2.10 "Policies & Notices" means the policies and notices published by the Court and/or its affiliates in connection with each of its Court Data Services, on a website or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates. Policies & Notices for each Court Data Service, hereby made part of this Agreement by reference, provide additional terms and conditions that govern Government Subscriber's use of such services, including but not limited to provisions on fees, access and use limitations, and identification of various third party applications, such as transport mechanisms, that Government Subscriber may need to procure separately to use Court Data Services. 2.11 "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court and/or the SCAO entitled "Limits on Public Access to Case Records" or "Limits on Public Access to Administrative Records," all of which by this reference are made a part of this Agreement. It is the obligation of Government Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. Such rules, lists, and tables are posted on the main website for the Court, for which the current address is www.mncourts.gov. 2.12 "SCAO"means the State of Minnesota, State Court Administrator's Office. 2.13 "This Agreement" means this Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies, including all Exhibits, Policies & Notices, and other documents referenced, attached to, or submitted or issued hereunder. 2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8.1, 8.2 and 8.4 of this Agreement. 2.15 "User Acknowledgement Form" means the form signed by Government Subscriber's Individual Users to confirm in writing that the Individual User has read and understands the requirements and restrictions in this Agreement(Exhibit A). 3. DATA ACCESS SERVICES PROVIDED TO GOVERNMENT AGENCY. Following execution of this Agreement by both parties, Government Subscriber will be offered access to the Court Records (including Court Documents) described in the Government Subscriber Access Chart,which is posted on the Policies &Notices. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 4 of 14 72 4. AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT DATA SERVICES AND COURT RECORDS LIMITED; TRAINING; VIOLATIONS; SANCTIONS. 4.1 Authorized Access to Court Data Services and Court Records. 4.1.1 Government Subscriber and Government Subscriber's Individual Users shall access only the Court Data Services and Court Records (including Court Documents)necessary for a Legitimate Governmental Business Need. 4.1.2 The access of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal or non-official use, or any use that is not a "Legitimate Governmental Business Need" as defined herein,is prohibited. 4.1.3 Government Subscriber and Government Subscriber's Individual Users shall not access or attempt to access Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies&Notices,or other Court Data Services documentation. 4.2 Authorized Use of Court Data Services and Court Records. 4.2.1 Government Subscriber and Government Subscriber's Individual Users shall use the Court Data Services and Court Records (including Court Documents) accessed only for a Legitimate Governmental Business Need and according to the instructions provided in corresponding Policies & Notices or other materials. 4.2.2 The use of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal or non-official use, or any use that is not a "Legitimate Governmental Business Need" as defined herein, is prohibited. 4.2.3 Government Subscriber and Government Subscriber's Individual Users shall not use or attempt to use Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies & Notices,or other Court Data Services documentation. 4.3 Dissemination of Court Records. Government Subscriber and Government Subscriber's Individual Users shall not share the Court Records (including Court Documents) accessed and data therefrom with third parties and other individuals other than as needed to further a Legitimate Governmental Business Need. 4.4 Training. Government Subscriber shall provide Government Subscriber's Individual Users training in the proper access, use, and dissemination of Court Records (including Court Documents). 4.5 Violations. 4.5.1 The access, use, or dissemination of Court Data Services or Court Records (including Court Documents) beyond what is necessary for a Legitimate Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 5 of 14 73 Governmental Business Need by Government Subscriber or Government Subscriber's Individual Users is a violation of this Agreement. The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal use is a violation of this Agreement. 4.5.2 Any violation pursuant to Clause 4.5.1, or any unauthorized or attempted access,use or dissemination of Court Data Services, Court Records or Court Documents by Government Subscriber or Government Subscriber's Individual Users shall be grounds for the Court to impose sanctions as described in Clause 4.6 and to terminate this Agreement without prior notice to Government Subscriber and/or Government Subscriber's Individual Users. 4.6 Sanctions. 4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a Government Subscriber and/or Government Subscriber's Individual Users and may include the suspension of access or termination of access for Government Subscriber and/or Government Subscriber's Individual Users. 4.6.2 If the Court decides to terminate the access for Government Subscriber and/or Government Subscriber's Individual Users,the Court shall notify the affected party in writing. The termination shall be effective immediately. Prior notice to Government Subscriber and/or Government Subscriber's Individual Users is not required. Reinstatement of the access shall only be upon the written direction of the Court. 5. GUARANTEES OF CONFIDENTIALITY. Government Subscriber agrees: 5.1 To not disclose Court Confidential Information to any third party except where necessary to carry out the Government Subscriber's Legitimate Governmental Business Need as defined in this Agreement. • 5.2 To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Government Subscriber's obligations under this Agreement. 5.3 To limit the use of and access to Court Confidential Information to Government Subscriber's Individual Users. Government Subscriber shall advise Government Subscriber's Individual Users of the restrictions upon access, use and disclosure contained in this Agreement, requiring each Government Subscriber's Individual User to acknowledge in writing that the individual has read and understands such restrictions. Government Subscriber's Individual Users shall sign the User Acknowledgment Form(Exhibit A)before accessing Court Data Services. 5.4 That, without limiting Clause 1 of this Agreement, the obligations of Government Subscriber and Government Subscriber's Individual Users with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Agreement and the termination of their relationship with Government Subscriber. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 6 of 14 74 5.5 That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Government Subscriber and Government Subscriber's Individual Users under this Agreement, such obligations of Government Subscriber and Government Subscriber's Individual Users are founded independently on the provisions of this Agreement. 5.6 That, a violation of Government Subscriber's agreements contained in this Clause 5, or a violation of those same agreements by Government Subscriber's Individual Users, shall be grounds for the Court to terminate this agreement and Government Subscriber and/or Government Subscriber's Individual Users access to Court Data Services and Court Records(including Court Documents). 6. APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDER LEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS AND COURT DOCUMENTS. Subscriber acknowledges and agrees: 6.1 Court Case Information Provided Under Legal Mandate. When the Court is required to provide Government Subscriber with Court Case Information under a legal mandate and the provision of such data by the Court is not optional or otherwise left to the discretion of the Court, for example in the case of a state statutory reporting requirement, the provisions of this Agreement that govern or restrict Government Subscriber's access to and use of Court Case Information do not apply to the specific data elements identified in the legal mandate, but remain in effect with respect to all other Court Case Information provided by the Court to Government Subscriber. All other provisions of this Agreement remain in full effect, including, without limitation, provisions that govern or restrict Government Subscriber's access to and use of Court Confidential Security and Activation Information. 6.2 Previously Disclosed Court Records and Court Documents. Without limiting section 6.1, all Court Records and Court Documents disclosed to Government Subscriber prior to the effective date of this Agreement shall be subject to the provisions of this Agreement. 7. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT RECORDS UNDER THIS AGREEMENT. 7.1 Requirement to Advise Government Subscriber's Individual Users. To affect the purposes of this Agreement, Government Subscriber shall advise each of Government Subscriber's Individual Users who are permitted to use and/or access Court Data Services and Court Records (including Court Documents) under this Agreement of the requirements and restrictions in this Agreement. 7.2 Required Acknowledgement by Government Subscriber's Individual Users. 7.2.1 Government Subscriber shall require each of Government Subscriber's Individual Users to sign the User Acknowledgement Form(Exhibit A). 7.2.2 The User Acknowledgement Forms of current Government Subscriber's Individual Users must be obtained prior to submitting this Agreement to the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 7 of 14 75 Court for approval and shall accompany the submission of this Agreement for approval. 7.2.3 Until the User Acknowledgement Form required in Clause 7.2.1 is signed, a Government Subscriber's Individual User is prohibited from accessing,using or disseminating Court Data Services and Court Records (including Court Documents). The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by a Government Subscriber's Individual User that has not completed a User Acknowledgement Form as required in Clause 7.2.1 is a violation of this Agreement. 7.2.4 Government Subscriber shall keep all such written User Acknowledgment Forms on file while this Agreement is in effect and for one(1) year following • the termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such acknowledgements upon request to the Agency Account Manager. 7.2.5 The User Acknowledgment Forms are incorporated herein by reference. 8. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Agreement, subject to the terms and conditions hereof, the Court, with the permission of the SCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive Court Records (including Court Documents). SCAO and the Court reserve the right to make modifications to the Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Government Subscriber. These modifications shall be treated in all respects as their previous counterparts. 8.1 Court Data Services Programs. SCAO is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of SCAO and its licensors. 8.2 Court Data Services Databases. SCAO is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of SCAO and its licensors. 8.3 Marks. Government Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Court Data Services, including but not limited to the marks "MNCIS"and"Odyssey." 8.4 Restrictions on Duplication,Disclosure, and Use. 8.4.1 Trade secret information of SCAO and its licensors will be treated by Government Subscriber in the same manner as Court Confidential Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 8 of 14 76 Information. In addition, Government Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of SCAO or its licensors, in any way or for any purpose not specifically and expressly authorized by this Agreement. As used herein, "trade secret information of SCAO and its licensors" means any information possessed by SCAO which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of SCAO and its licensors" does not, however, include information which was known to Government Subscriber prior to Government Subscriber's receipt thereof, either directly or indirectly, from SCAO or its licensors, information which is independently developed by Government Subscriber without reference to or use of information received from SCAO or its licensors, or information which would not qualify as a trade secret under Minnesota law. 8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up to one (1) copy of training materials and configuration documentation for each individual authorized to access, use, or configure Court Data Services, solely for its own use in connection with this Agreement. 8.4.3 Government Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of SCAO and its licensors and Government Subscriber will advise Government Subscriber's Individual Users who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of SCAO and its licensors, of the restrictions upon duplication, disclosure and use contained in this Agreement. 8.5 Proprietary Notices. Government Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of SCAO and its licensors, or any part thereof, made available by SCAO or the Court, and Government Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of SCAO and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Government Subscriber by SCAO or the Court, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. 8.6 Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, made available by the Court and SCAO to Government Subscriber hereunder, and all copies, including partial copies, thereof are and remain the property of the respective licensor. Within ten days of the effective date of termination of this Agreement, Government Subscriber shall either: (i)uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 9 of 14 77 materials, if any, and logon account information; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8.7 Reasonable Security Measures. The Court may add reasonable security measures including,but not limited to, a time-out feature,to Court Data Services Programs. 9. INJUNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the Court, SCAO, SCAO's licensors, and DCA will be irreparably harmed if Government Subscriber's obligations under this Agreement are not specifically enforced and that the Court, SCAO, SCAO's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Government Subscriber of its obligations. Therefore, Government Subscriber agrees that the Court, SCAO, SCAO's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Government Subscriber or Government Subscriber's Individual Users without the necessity of the Court, SCAO, SCAO's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Government Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court, SCAO, SCAO's licensors, and DCA for reasonable attorney's fees incurred by the Court, SCAO, SCAO's licensors, and DCA in obtaining any relief pursuant to this Agreement. 10. COMPROMISE LIABILITY. Government Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Government Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Government Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. 11. AVAILABILITY. Specific terms of availability shall be established by the Court and set forth in the Polices & Notices. The Court reserves the right to terminate this Agreement immediately and/or temporarily suspend Government Subscriber's approved Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. Monthly fees, if any, shall be prorated only for periods of suspension or upon termination of this Agreement. 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Government Subscriber set forth in this section are in addition to the other obligations of the Government Subscriber set forth elsewhere in this Agreement. 12.1 Judicial Policy Statement. Government Subscriber agrees to comply with all policies identified in applicable Policies &Notices. Upon failure of the Government Subscriber to comply with such policies, the Court shall have the option of immediately suspending or terminating the Government Subscriber's Court Data Services on a temporary basis and/or immediately terminating this Agreement. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 10 of 14 78 12.2 Access and Use; Log. 12.2.1 Government Subscriber shall be responsible for all access to and use of Court Data Services and Court Records (including Court Documents) by Government Subscriber's Individual Users or by means of Government Subscriber's equipment or passwords,whether or not Government Subscriber has knowledge of or authorizes such access and use. 12.2.2 Government Subscriber shall also maintain a log identifying all persons to whom Government Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Government Subscriber shall maintain such logs while this Agreement is in effect and for a period of one (1) year following termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such logs upon request. 12.2.3 Government Subscriber, through the Agency Account Manager, shall promptly notify the Court when Government Subscriber's Individual Users with individual logins should have accounts added or deleted. Upon Government Subscriber's failure to notify the Court of these changes, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.2.4 The Court may conduct audits of Government Subscriber's logs and use of Court Data Services and Court Records (including Court Documents) from time to time. Upon Government Subscriber's failure to maintain such logs, to maintain accurate logs,or to promptly provide access by the Court to such logs, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.3 Personnel. Government Subscriber agrees to investigate (including conducting audits), at the request of the Court, allegations of misconduct pertaining to Government Subscriber's Individual Users having access to or use of Court Data Services, Court Confidential Information, or trade secret information of the SCAO and its licensors where such persons violate the provisions of this Agreement, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. Government Subscriber, through the Agency Account Manager, agrees to notify the Court of the results of such investigation, including any disciplinary actions, and of steps taken to prevent further misconduct. Government Subscriber agrees to reimburse the Court for costs to the Court for the investigation of improper use of Court Data Services, Court Records (including Court Documents), or trade secret information of the SCAO and its licensors. 13. FEES AND INVOICES. Applicable monthly fees commence ten (10) days after notice of the Court's approval of this Agreement or upon the initial Government Subscriber transaction as defined in the Policies &Notices, whichever occurs earlier. When fees apply, the State shall invoice Government Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within thirty(30) days of the date of the invoice, the Court may immediately cancel this Agreement without notice to Government Subscriber and pursue all available legal remedies. Government Subscriber certifies that Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 11 of 14 79 funds have been appropriated for the payment of charges under this Agreement for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty (30) days from the publication of the Policies & Notices. Government Subscriber shall have the option of accepting such changes or terminating this Agreement as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. 15.1 WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. 15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. THE COURT IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE THROUGH COURT DATA SERVICES DUE TO COMPUTER OR NETWORK MALFUNCTION, MISTAKE OR USER ERROR. 16. RELATIONSHIP OF THE PARTIES. Government Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, SCAO, SCAO'S licensors, or DCA. Neither Government Subscriber nor the Court, SCAO, SCAO'S licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in Clause 2 regarding notices of or modifications to Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding notices of or modification of fees, any notice to Court or Government Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by either Party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by either Party shall not be deemed a continuing waiver,but shall apply solely to the instance to which such waiver is directed. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 12 of 14 80 19. FORCE MAJEURE. Neither party shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Party may assign, delegate and/or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any corporation or other legal entity into, by or with which Government Subscriber may be merged, acquired or consolidated or which may purchase the entire assets of Government Subscriber. 22. GOVERNING LAW. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Agreement, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Government Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Agreement sets forth the entire Agreement and understanding between the Parties regarding the subject matter hereof and supersedes any prior representations, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. Except as otherwise expressly provided in Clause 2 regarding Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding fees, any amendments or modifications to this Agreement shall be in writing signed by both Parties. 25. MINNESOTA DATA PRACTICES ACT APPLICABILITY. If Government Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Government Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Government Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided under this Agreement; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 13 of 14 81 IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Agreement, intending to be bound thereby. 1. GOVERNMENT SUBSCRIBER 2. THE COURT Government Subscriber must attach documented verification of authority to sign on behalf of and bind the entity ("Master Subscriber Agreement Signing Authority"), such as a council resolution, board authority or legally binding decision maker, . d atta same as Exhi.. _ By .r " By (SIGNATURE) (SIGNATURE) Date 10/2_40(o Date Name(typed) Wa I I y Wy.o P a I I Title C+f y M a ria g e r' Title CIO/Director Information Technology 1 Division of State Court Office Ci l, y D( fr id �c y Office Administration 3 Form and execution approved for Court by: By: (SIGNATURE) Title: Staff Attorney-Legal Counsel Division Date: Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 14 of 14 82 AGENDA ITEM Cnnf COUNCIL MEETING OF DECEMBER 12, 2016 CLAIMS CLAIMS 174886 - 175039 83 °Y ia-i; Claims Council 12/12/16 failliCity of Fridley, MN By Vendor Name Fridley Payment Dates 11/28/2016- 12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:000370-000370 FRIDLEY HLTH REIMB 270 11/30/2016 INV0011519 CITY OF FRIDLEY HLTH REIMB 101-213150 HRA/Veba&HSA Benefit-Heal... 1,200.00 PL#10129454 Vendor 000370-000370 FRIDLEY HLTH REIMS Total: 1,200.00 Vendor:10011-A.B.M.EQUIPMENT&SUPPLY 174947 12/08/2016 149755 DECAL FOR AERIAL TRUCK 101-3174-621140 Streets/Supplies for Repair&... 18.36 Vendor 10011-A.B.M.EQUIPMENT&SUPPLY Total: 18.36 Vendor:10058-ADVANTAGE SIGNS&GRAPHICS INC 174897 12/01/2016 0000029124 NO OUTLET SIGN 101-3174-621140 Streets/Supplies for Repair&... 15.00 Vendor 10058-ADVANTAGE SIGNS&GRAPHICS INC Total: 15.00 Vendor:12821-AM CRAFT SPIRITS SALES 175034 12/08/2016 INV0011692 NOV-LIQUOR 609-144010 Liquor#1(Cub Location) 43.50 Vendor 12821-AM CRAFT SPIRITS SALES Total: 43.50 Vendor:10096-AMAZON.COM 00 174948 12/08/2016 INV0011621 CABLES 101-1213-621130 IT/Operating Supplies 115.00 .174948 12/08/2016 INV0011621 HEADSET 409-1213-621130 IT Capital/Operating Supplies 491.64 Vendor 10096-AMAZON.COM Total: 606.64 Vendor:10102-AMERICAN BOTTLING COMPANY 174949 12/08/2016 INV0011700 NOV-MISC 609-144040 Misc.#1(Cub Location) 189.46 174949 12/08/2016 INV0011700 NOV-MISC 609-145040 Misc.#2(Highway 65) _ _ 105.16 Vendor 10102-AMERICAN BOTTLING COMPANY Total: 294.62 Vendor:10118-AMERICAN TEST CENTER 174950 12/08/2016 216284 ANNUAL SAFETY INSPECTION 101-2510-635100 Fire/Services Contracted,Non-... 1,190.00 #2 Vendor 10118-AMERICAN TEST CENTER Total: 1,190.00 Vendor:10125-AMUNDSON CIGAR&CANDY 174951 12/08/2016 INV0011623 NOV-CIGS 609-144050 Tobacco#1(Cub Location) 2,576.24 Vendor 10125-AMUNDSON CIGAR&CANDY Total: 2,576.24 Vendor:10150-ANOKA COUNTY TREASURER 174952 12/08/2016 201674 PRINTING TEST&GE BALLOTS 101-1216-633110 Elections/Printing&Binding 539.00 Vendor 10150-ANOKA COUNTY TREASURER Total: 539.00 Vendor:10159-APACHE PRINT INC 174953 12/08/2016 47560 SR NEWSLETTER 851-232400 Sr-Advisory//Due to other Age... 149.27 Vendor 10159-APACHE PRINT INC Total: 14927 _2/8/2016 1:03:31 PM Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:10175-ARTISAN BEER COMPANY 174954 12/08/2016 INV0011626 NOV-BEER 609-144030 Beer#1(Cub Location) 3,088.80 174954 12/08/2016 INV0011626 NOV-BEER 609-145030 Beer#2(Highway 65) 366.00 Vendor 10175-ARTISAN BEER COMPANY Total: 3,454.80 Vendor:10178-ASPEN MILLS INC 174955 12/08/2016 190563,64,566-72 UNIFORMS 101-2110-621110 Police/Clothing/Laundry Allow... 1,336.38 174955 12/08/2016 190563,64,566-72 UNIFORMS 101-2152-621110 EM/Clothing/Laundry Allowan... 202.82 Vendor 10178-ASPEN MILLS INC Total: 1,539.20 Vendor:10185-AT&T WIRELESS SERVICE 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-1210-633120 Gen Mgmt/Communication(p... 49.18 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-1213-633120 IT/Comm(phones,postage,et... 184.40 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-2110-633120 Police/Communication(phone... 2,225.55 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-2110-633120 Police/Communication(phone... 12.83 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-2150-633120 EM/Communication(phones,... 116.15 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-2510-633120 Fire/Communication(phones,... 191.60 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-3140-633120 Eng/Communication(phones,... 34.99 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-3140-633120 Eng/Communication(phones,... 444.93 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-3172-633120 Parks/Communication(phones.. 291.80 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-3174-633120 Streets/Communication(phon... 494.87 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-3176-633120 Garage/Communication(phon... 174.11 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-4100-633120 Rec/Communication(phones,... 69.69 00 L74898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-5110-633120 Bldg Inspect/Comm.(phones,... 100.46 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-5112-633120 Planning/Communication(pho... 34.99 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 101-5114-633120 Rental Inspect/Comm(phones,.. 50.23 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 225-1219-633120 Cable TV/Comm.(phones,pos... 49.18 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 260-2114-633120 Police PSDS/Communication 84.11 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 270-4190-633120 SNC/Comm,(phones,postage,... 39.99 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 601-6210-633120 Water Ops/Communication(p... 282.86 174898 12/01/2016 287251541144X112516 NOV WIRELESS SERVICE 602-6210-633120 Sewer Ops/Communication(p... 339.70 Vendor 10185-AT&T WIRELESS SERVICE Total: 5,271.62 Vendor:12706-B.K.V GROUP,INC 175030 12/08/2016 42758 PROF SERV NEW CIVIC CAMPUS 405-3115-631100 Bldg CIP-MunCtr/Professional... 245,985.11 Vendor 12706-B.K.V GROUP,INC Total: 245,985.11 Vendor:10222-BARTON SAND&GRAVEL CO 174956 12/08/2016 INV0011628 WASH SAND,RECYCLE, 601-6210-621140 Water Ops/Supplies for Repair... 1,128.73 DISPOSAL FEE 174956 12/08/2016 INV0011628 DISPOSAL FEE 601-6210-635100 Water Ops/Services Contracte... 450.00 Vendor 10222-BARTON SAND&GRAVEL CO Total: 1,578.73 Vendor:10228-BAUHAUS BREW LAB,LLC 174957 12/08/2016 INV0011629 NOV-BEER 609-144030 Beer#1(Cub Location) 452.00 Vendor 10228-BAUHAUS BREW LAB,LLC Total: 452.00 12/8/2015 1:03:31 PM 2 o 23 Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:10240-BELLBOY CORPORATION 174958 12/08/2016 INV0011630 NOV-LIQUOR 609-144010 Liquor#1(Cub Location) 3,523.76 174958 12/08/2016 INV0011630 NOV-MISC 609-144040 Misc.#1(Cub Location) 263.53 174958 12/08/2016 INV0011630 NOV-FREIGHT 609-6910-500101 Liq 1/COGS-Freight 35.21 174958 12/08/2016 INV0011630 NOV-BAGS 609-6910-621130 Liq Storel-Cub/Operating Supp.. 610.73 Vendor 10240-BELLBOY CORPORATION Total: 4,433.23 Vendor:12833-BENJAMIN FRANKLIN PLUMBING 174943 12/01/2016 A230215 REPAIR SEWER LINE-MEMORY 602-6210-635100 Sewer Ops/Services Contracte... 8,900.00 LANE Vendor 12833-BENJAMIN FRANKLIN PLUMBING Total: 8,900.00 Vendor:10251-BERNICK'S BEVERAGES 174959 12/08/2016 INV0011631 NOV-BEER 609-144030 Beer#1(Cub Location) 2,000.00 174959 12/08/2016 INV0011631 NOV-MISC 609-144040 Misc.#1(Cub Location) 59.15 Vendor 10251-BERNICK'S BEVERAGES Total: 2,059.15 Vendor:10289-BOLTON&MENK,INC 174899 12/01/2016 196923 STREET PROJ 406-3174-631100 CIP Streets/Professional Servic... 3,404.00 SURVEYING/CONSTRUCTION OBSERVATION 174960 12/08/2016 194952,580,653,218,224 PROF SERVICE MAIN STR TRAIL 406-3174-631100 CI P Streets/Professional Servic... 13,014.50 PROJ Vendor 10289-BOLTON&MENK,INC Total: 16,418.50 CO fendor:12811-BOURGET IMPORTS 175033 12/08/2016 INV0011689 NOV-WINE 609-144020 Wine#1(Cub Location) 88.00 175033 12/08/2016 INV0011689 NOV-FREIGHT 609-6910-500101 Liq 1/COGS-Freight 1.50 Vendor 12811-BOURGET IMPORTS Total: 89.50 Vendor:12570-BOYER,GARY 174940 12/01/2016 INV0011602 REC REFUND SR TRIP 101-4151-459100 Sr Trips/Program Revenue 110.00 Vendor 12570-BOYER,GARY Total: 110.00 Vendor:12388-BREAKTHRU BEVERAGE BEER,LLC 175025 12/08/2016 INV0011690 NOV-BEER 609-144030 Beer#1(Cub Location) 32,900.00 175025 12/08/2016 INV0011690 NOV-MISC 609-144040 Misc.#1(Cub Location) 47.83 175025 12/08/2016 INV0011690 NOV-BEER 609-145030 Beer#2(Highway 65) 2,400.00 175025 12/08/2016 INV0011690 NOV-MISC 609-145040 Misc.#2(Highway 65) 16.45 Vendor 12388-BREAKTHRU BEVERAGE BEER,LLC Total: 35,364.28 Vendor:12389-BREAKTHRU BEVERAGE WINE&SPIRITS 175026 12/08/2016 INV0011691 NOV-LIQUOR 609-144010 Liquor#1(Cub Location) 16,552.52 175026 12/08/2016 INV0011691 NOV-WINE 609-144020 Wine#1(Cub Location) 3,250.88 175026 12/08/2016 INV0011691 NOV-LIQUOR 609-145010 Liquor#2(Highway 65) 1,350.26 175026 12/08/2016 INV0011691 NOV-WINE 609-145020 Wine#2(Highway 65) 33.75 175026 12/08/2016 INV0011691 NOV-FREIGHT 609-6910-500101 Liq 1/COGS-Freight 192.43 12/8/2016 1:03:31 PM 1 30`?3 Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount 175026 12/08/2016 INV0011691 NOV-FREIGHT 609-6920-500101 Liq 2/COGS-Freight 17.25 Vendor 12389-BREAKTHRU BEVERAGE WINE&SPIRITS Total: 21,397.09 Vendor:10308-BRIGGS&MORGAN P.A. 174900 12/01/2016 590328 OUTSTANDING BONDS PREP OF 101-1310-631100 Accounting/Professional Servi... 500.00 RESOLUTION Vendor 10308-BRIGGS&MORGAN P.A.Total: 500.00 Vendor:10369-CAPITOL BEVERAGE SALES 174961 12/08/2016 INV0011701 NOV-BEER 609-144030 Beer#1(Cub Location) 36,000.00 174961 12/08/2016 INV0011701 NOV-MISC 609-144040 Misc.#1(Cub Location) 7.58 174961 12/08/2016 INV0011701 NOV-BEER 609-145030 Beer#2(Highway 65) 8,400.00 174961 12/08/2016 INV0011701 NOV-MISC 609-145040 Misc.#2(Highway 65) 58.02 Vendor 10369-CAPITOL BEVERAGE SALES Total: 44,465.60 Vendor:10377-CARVELLI DRAIN SERVICE&PLUMBING 174901 12/01/2016 1225 REPAIR LEAK FROM AMR 601-6310-635100 Water CIP/Srvc Contracted,N... 194.73 INSTALL Vendor 10377-CARVELLI DRAIN SERVICE&PLUMBING Total: 194.73 Vendor:10386-CENTRAL MN CUSTODIAL SERVICES LLC 174962 12/08/2016 1655 NOV CLEANING SERVICE 101-3176-635100 Garage/Services Contracted,... 1,040.00 Vendor 10386-CENTRAL MN CUSTODIAL SERVICES LLC Total: 1,040.00 Vendor:10395-CENTURY LINK GO 74963 12/08/2016 INV0011634 PHONE SERVICE 7833923 270-4190-633120 SNC/Comm,(phones,postage,... 43.58 J X74963 12/08/2016 INV0011634 PHONE SERVICE 5711683 601-6110-633120 Water Admin/Comm(phones,... 25.16 174963 12/08/2016 INV0011634 PHONE SERVICE 5711683 602-6110-633120 Sewer Admin/Comm(phones,... 25.16 Vendor 10395-CENTURY LINK Total: 93.90 Vendor:10404-CHARLESTON COUNTY FAMILY COURT 174886 11/30/2016 INV0011494 PAYROLL SUMMARY 101-213300 Child Support Withheld 410.55 Vendor 10404-CHARLESTON COUNTY FAMILY COURT Total: 410.55 Vendor:Ppt ID:307066-CITY OF FRIDLEY 457-ICMA 272 11/30/2016 INV0011496 CITY OF FRIDLEY ICMA Ppt ID: 101-213260 Deferred Comp.-ICMA 457 plan 726.69 307066 272 11/30/2016 INV0011497 CITY OF FRIDLEY ICMA Ppt ID: 101-213260 Deferred Comp.-ICMA 457 plan 11,817.23 307066 272 11/30/2016 INV0011500 CITY OF FRIDLEY ICMA Ppt ID: 101-213260 Deferred Comp.-ICMA 457 plan 270.60 307066 Vendor Ppt ID:307066-CITY OF FRIDLEY 457-ICMA Total: 12,814.52 Vendor:Ppt ID:803502-CITY OF FRIDLEY RHS-ICMA 274 11/30/2016 INV0011S12 CITY OF FRIDLEY ICMA Ppt ID: 101-213280 RHS Plan(ICMA) 75.00 803556 274 11/30/2016 INV0011513 CITY OF FRIDLEY ICMA Ppt ID: 101-213280 RHS Plan(ICMA) 150.00 803502 Vendor Ppt ID:803502-CITY OF FRIDLEY RHS-ICMA Total: 225.00 12/8/2015 1:03:31 PM '.___ 1'..23 Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:Ppt ID:705060-CITY OF FRIDLEY ROTH-ICMA 273 11/30/2016 INV0011514 CITY OF FRIDLEY ICMA Ppt ID: 101-213270 ICMA Roth IRA 1,733.08 705060 Vendor Ppt ID:705060-CITY OF FRIDLEY ROTH-ICMA Total: 1,733.08 Vendor:10431-CLAUSON,ROBERT INC. 174964 12/08/2016 INV0011635 INSPECTIONS 101-5110-635100 Bldg Inspect/Srvc Contracted,... 3,372.00 Vendor 10431-CLAUSON,ROBERT INC.Total: 3,372.00 Vendor:10434-CLEAR RIVER BEVERAGE 174965 12/08/2016 INV0011636 NOV-BEER 609-144030 Beer#1(Cub Location) 1,110.00 Vendor 10434-CLEAR RIVER BEVERAGE Total: 1,110.00 Vendor:10439-COCA COLA BOTTLING 174966 12/08/2016 INV0011637 NOV-MISC 609-144040 Misc.#1(Cub Location) 395.52 174966 12/08/2016 INV0011637 NOV-MISC 609-145040 Misc.#2(Highway 65) 177.62 Vendor 10439-COCA COLA BOTTLING Total: 573.14 Vendor:10442-COLLINS,ROBERTA S. 174967 12/08/2016 INV0011638 REIMB MILEAGE 101-1216-632110 Elections/Transportation 70.73 Vendor 10442-COLLINS,ROBERTA S.Total: 70.73 Vendor:10446-COLUMBIA HEIGHTS,CITY OF 174968 12/08/2016 INV0011639 4TH QRT TRI-CITY FEES 101-3140-635100 Eng/Services Contracted,Non-... 11,440.00 Vendor 10446-COLUMBIA HEIGHTS,CITY OF Total: 11,440.00 Go Vendor:10447-COMCAST CABLE 174902 12/01/2016 INV0011569 CABLE FEES 101-2150-635100 EM/Srvc Contracted,Non-prof... 4.55 174903 12/01/2016 INV0011568 CABLE FEES 101-1213-633120 IT/Comm(phones,postage,et... 305.92 8772106210044545 174903 12/01/2016 INV0011568 CABLE FEES 601-6210-633120 Water Ops/Communication(p... 105.92 8772106210044545 174903 12/01/2016 INV0011568 CABLE FEES 609-6910-633120 Liq Storel-Cub/Comm.(phone... 317.73 8772106210044545 174903 12/01/2016 INV0011568 CABLE FEES 609-6920-633120 Liq Store 2-65/Communication... 258.45 8772106210044545 174904 12/01/2016 INV0011570 CABLE FEES 225-1219-635100 Cable TV/Sry Contracted,Non-... 308.30 8772106210044545 Vendor 10447-COMCAST CABLE Total: 1,300.87 Vendor:10450-COMMERCIAL DOOR SYSTEMS,INC 174969 12/08/2016 124186 REPAIR STORAGE ROOM LOCK 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 165.00 Vendor 10450-COMMERCIAL DOOR SYSTEMS,INC Total: 165.00 Vendor:10455-COMMUNITY HEALTH CHARITIES 174887 11/30/2016 INV0011495 Bi-weekly payroll contribution 101-213120 Charitable Contributions 7.69 Vendor 10455-COMMUNITY HEALTH CHARITIES Total: 7.69 12/8/2016 1:03:31 PM n`23 Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:10457-COMO LUBE&SUPPLIES INC 174905 12/01/2016 609729 PARTS WASHER SERVICE 101-3176-635100 Garage/Services Contracted,... 195.00 Vendor 10457-COMO LUBE&SUPPLIES INC Total: 195.00 Vendor:10477-COON RAPIDS,CITY OF 174970 12/08/2016 11729 TRAFFIC CONTROL SIGNALS 101-3174-635100 Streets/Srvcs Contracted,Non... 320.39 Vendor 10477-COON RAPIDS,CITY OF Total: 320.39 Vendor:10529-D.L.T.SOLUTIONS,INC 174907 12/01/2016 4550065A AUTODESK,AUTOCAD 101-3140-632100 Eng/Dues&Subscription,Per... 2,157.11 RENEWAL Vendor 10529-D.L.T.SOLUTIONS,INC Total: 2,157.11 Vendor:10563-DELTA DENTAL PLAN OF MINNESOTA DFT0001215 12/02/2016 INV0011498 MONTHLY PREMIUM 101-213160 Dental Insurance Payable 3,358.05 Vendor 10563-DELTA DENTAL PLAN OF MINNESOTA Total: 3,358.05 Vendor:10581-DO-GOOD BIZ,INC 174908 12/01/2016 919501 OCT NEWSLETTER MAILING 101-1210-633120 Gen Mgmt/Communication(p... 679.00 Vendor 10581-DO-GOOD BIZ,INC Total: 679.00 Vendor:10605-E.D.S BUILDERS,INC 174909 12/01/2016 2016111 HWY 65 STORE ANALYSIS/MTS 609-6920-631100 Liq Store 2-65/Professional Ser... 1,260.00 174971 12/08/2016 20141525 SNC CONSTRUCTION SERVICES 407-3172-631100 CIP Parks/Professional Services 3,751.74 00 Vendor 10605-E.D.S BUILDERS,INC Total: 5,011.74 V0 Vendor:10638-EMERGENCY AUTOMOTIVE TECHNOLOGIES 174972 12/08/2016 25210 SQUAD 360 LIGHTHEAD AND 410-2110-703100 CapEq.Police/Machinery 679.34 FLASHER Vendor 10638-EMERGENCY AUTOMOTIVE TECHNOLOGIES Total: 679.34 Vendor:10640-EMERGENCY RESPONSE SOLUTIONS,LLC 174910 12/01/2016 7504 TURN OUT GEAR 101-2510-621110 Fire/Clothing/Laundry Allowan... 6,761.41 174973 12/08/2016 7582 FLAT/PICK HEAD AXES 101-2510-621150 Fire/Tools&Minor Equipment 166.57 Vendor 10640-EMERGENCY RESPONSE SOLUTIONS,LLC Total: 6,927.98 Vendor:10675-FASTENAL COMPANY 174911 12/01/2016 MNSPR108797 RUBBER BUMPER 101-141040 Inventory-Misc.Parts 43.83 Vendor 10675-FASTENAL COMPANY Total: 43.83 Vendor:12809-FIALA,PAT 174942 12/01/2016 INV0011605 SR TRIP REFUND 101-4151-459100 Sr Trips/Program Revenue 110.00 Vendor 12809-FIALA,PAT Total: 110.00 Vendor:10713-FLAHERTYS HAPPY TYME CO 174974 12/08/2016 INV0011643 NOV-MISC 609-144040 Misc.#1(Cub Location) 114.00 174974 12/08/2016 INV0011643 NOV-MISC 609-145040 Misc.#2(Highway 65) 57.00 Vendor 10713-FLAHERTYS HAPPY TYME CO Total: 171.00 12/8/2016 1:03:31 PM �_____ ___ Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:10717-FLEET PRIDE TRUCK&TRAILER PARTS 174912 12/01/2016 81075202 FITTINGS 101-141040 Inventory-Misc.Parts 26.38 Vendor 10717-FLEET PRIDE TRUCK&TRAILER PARTS Total: 26.38 Vendor:12838-FORECAST PUBLIC ART 175036 12/08/2016 1420,21,35,57,65 CONSULTING SERVICE NEW 101-1410-631100 Non-dept/Professional Services 8,500.00 CIVIC CAMPUS Vendor 12838-FORECAST PUBLIC ART Total: 8,500.00 Vendor:12834-FOSTER,JAKE 174944 12/01/2016 INV0011607 REIMB MILEAGE 101-1216-632110 Elections/Transportation 67.85 Vendor 12834-FOSTER,JAKE Total: 67.85 Vendor:10738-FRANZ REPROGRAPHICS 174975 12/08/2016 159778 ROLL PAPER 101-3140-621120 Eng/Office Supplies 63.73 Vendor 10738-FRANZ REPROGRAPHICS Total: 63.73 Vendor:10745-FRIDLEY FIRE RELIEF ASSOC FBO 174888 11/30/2016 INV0011501 Biweekly payroll contributions 101-213290 Fire Relief Dues Withheld 100.00 Vendor 10745-FRIDLEY FIRE RELIEF ASSOC FBO Total: 100.00 Vendor:10748-FRIDLEY POLICE ASSOCIATION 174889 11/30/2016 INV0011499 Bi-weekly payroll contributions 101-213330 Fridley Police Association 88.00 Vendor 10748-FRIDLEY POLICE ASSOCIATION Total: 88.00 CVendor:10751-FRIENDLY CHEVROLET,INC 174976 12/08/2016 INV0011645 PARTS 101-141040 Inventory-Misc.Parts 369.16 Vendor 10751-FRIENDLY CHEVROLET,INC Total: 369.16 Vendor:10752-FRIENDS OF FRIDLEY SENIOR PROGRAM 174977 12/08/2016 INV0011646 LEADERSHIP DEV 101-1212-631100 HR/Professional Services 48.00 REFRESHMENTS Vendor 10752-FRIENDS OF FRIDLEY SENIOR PROGRAM Total: 48.00 Vendor:10758-G&K SERVICES 174978 12/08/2016 1006158845 DOOR MAT 270-4190-621110 SNC/Clothing/Laundry Allowa... 42.23 Vendor 10758-G&K SERVICES Total: 42.23 Vendor:10817-GRAFIK DISTINCTION,INC 174979 12/08/2016 20430 NEWSLETTER DESIGN/LAYOUT 101-1210-631100 Gen Mgmt/Professional Servic... 1,445.00 Vendor 10817-GRAFIK DISTINCTION,INC Total: 1,445.00 Vendor:10826-GRAPE BEGINNINGS INC 174980 12/08/2016 INV0011649 NOV-WINE 609-144020 Wine#1(Cub Location) 1,672.14 174980 12/08/2016 INV0011649 NOV-FREIGHT 609-6910-500101 Liq 1/COGS-Freight 38.25 Vendor 10826-GRAPE BEGINNINGS INC Total: 1,71039 12/8/2016 1:03:31 PM Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:10894-HAWKINS INC 174913 12/01/2016 2553,2343,2555 CHEMICALS FOR WTR 601-6210-621140 Water Ops/Supplies for Repair... 3,726.49 TREATMENT Vendor 10894-HAWKINS INC Total: 3,726.49 Vendor:12624-HIGH PROFILE GROUNDS MAINTENANCE,INC 175028 12/08/2016 39366,39508 SHOVELING,ICE MELT 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 465.00 Vendor 12624-HIGH PROFILE GROUNDS MAINTENANCE,INC Total: 465.00 Vendor:10922-HILLYARD 174914 12/01/2016 602315943 LAUNDRY 101-2510-621130 Fire/Operating Supplies 572.60 DETERGENT/SUPPLIES Vendor 10922-HILLYARD Total: 572.60 Vendor:10931-HOHENSTEINS INC 174981 12/08/2016 INV0011650 NOV-BEER 609-144030 Beer#1(Cub Location) 4,677.60 Vendor 10931-HOHENSTEINS INC Total: 4,677.60 Vendor:10932-HOISINGTON KOEGLER GROUP INC 174982 12/08/2016 0160522,01505810 SNC PHASE 2 407-3172-631100 CIP Parks/Professional Services 1,625.46 174982 12/08/2016 0160522,01505810 MOORE LK MASTER PLAN 407-3172-635100 CIP Parks/Services Contracted,... 7,752.40 Vendor 10932-HOISINGTON KOEGLER GROUP INC Total: 9,377.86 Vendor:10937-HOME DEPOT/GECF 174915 12/01/2016 INV0011580 FUEL 101-2510-621100 Fire/Fuels&Lubes 54.32 O 174915 12/01/2016 INV0011580 HARDWARE,LUMBER 101-2510-621140 Fire/Supplies for Repair&Mai... 87.74 H+174915 12/01/2016 INV0011580 RUG SHAMPOO 270-4190-635110 SNC/Rentals 23.42 Vendor 10937-HOME DEPOT/GECF Total: 165.48 Vendor:10975-INDEED BREWING COMPANY,LLC 174983 12/08/2016 INV0011652 NOV-BEER 609-144030 Beer#1(Cub Location) 648.10 Vendor 10975-INDEED BREWING COMPANY,LLC Total: 648.10 Vendor:12450-INTERNAL REVENUE SERVICE- PAYROLL TAXES DFT0001222 12/02/2016 INV0011520 BI-WEEKLY SOCIAL SECURITY 101-212120 FICA Payable 29,748.98 WITHHOLDINGS DFT0001223 12/02/2016 INV0011521 BI-WEEKLY MEDICARE 101-212130 Medicare Payable 11,687.24 WITHHOLDINGS DFT0001225 12/02/2016 INV0011523 BI-WEEKLY FEDERAL TAX 101-212100 Federal Tax Withheld 46,623.84 WITHHOLDING Vendor 12450-INTERNAL REVENUE SERVICE- PAYROLL TAXES Total: 88,060.06 Vendor:11011-INTL ASSOC OF FIRE FIGHTERS-IAFF 174890 11/30/2016 INV0011502 FF DUES-LOCAL#1986 101-213230 Union Dues-Fire 90.00 Vendor 11011-INTL ASSOC OF FIRE FIGHTERS-IAFF Total: 90.00 Vendor:11028-J.J.TAYLOR DIST.OF MINN,INC 174984 12/08/2016 INV0011702 NOV-BEER 609-144030 Beer#1(Cub Location) 63,400.00 174984 12/08/2016 INV0011702 NOV-MISC 609-144040 Misc.#1(Cub Location) 100.13 -- _. 17_/8/2016 1:03:31 PM ---- _. _-- 90`_ Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount 174984 12/08/2016 INV0011702 NOV-BEER 609-145030 Beer#2(Highway 65) 7,640.70 Vendor e dor 11028 J.J.TAYLOR DIST.OF MINN,INC Total: 71 140.83 Vendor:12698-JACOBSON,CLIFFORD 174941 12/01/2016 INV0011603 REC REFUND SR TRIP 101-4151-459100 Sr Trips/Program Revenue 55.00 Vendor 12698-JACOBSON,CLIFFORD Total: 55.00 Vendor:11042-JANI-KING OF MINNESOTA,INC 174985 12/08/2016 MIN1260304 DEC CLEANING SERVICE 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 2,756.81 Vendor 11042-JANI-KING OF MINNESOTA,INC Total: 2,756.81 Vendor:11064-JOHNSON BROTHERS LIQUOR 174986 12/08/2016 INV0011703 NOV-LIQUOR 609-144010 Liquor#1(Cub Location) 41,673.62 174986 12/08/2016 INV0011703 NOV-WINE 609-144020 Wine#1(Cub Location) 24,881.77 174986 12/08/2016 INV0011703 NOV-LIQUOR 609-145010 Liquor#2(Highway 65) 4,549.82 174986 12/08/2016 INV0011703 NOV-WINE 609-145020 Wine#2(Highway 65) 3,946.04 174986 12/08/2016 INV0011703 NOV-FREIGHT 609-6910-500101 Liq 1/COGS-Freight 1,029.65 174986 12/08/2016 INV0011703 NOV-FREIGHT 609-6920-500101 Liq 2/COGS-Freight 159.13 Vendor 11064-JOHNSON BROTHERS LIQUOR Total: 76,240.03 Vendor:11110-KENNEDY,ELLEN 174916 12/01/2016 INV0011582 SPEAKER FOR GREAT 851-232400 Sr-Advisory//Due to other Age... 75.00 DECISIONS Vendor 11110-KENNEDY,ELLEN Total: 75.00 p Vendor:12839-KNAEBLE,NICHOLAS N 175037 12/08/2016 INV0011696 REIMB SCHL EDLD801 101-1410-632120 Non-dept/Conferences&Scho... _ 1,050.00 Vendor 12839-KNAEBLE,NICHOLAS Total: 1,050.00 Vendor:11198-LAW ENFORCEMENT LABOR SERVICES 174891 11/30/2016 INV0011511 Police Union 119-biweekly 101-213210 Union Dues-Police 1,323.00 deductions 174891 11/30/2016 INV0011515 Sgt Union 310-biweekly 101-213210 Union Dues-Police 294.00 deductions Vendor 11198-LAW ENFORCEMENT LABOR SERVICES Total: 1,617.00 Vendor:11205-LEAGUE OF MN CITIES INS TRUST 174987 12/08/2016 INV0011655 WORK COMP 200063626 704-7130-631100 Self Ins/Professional Services 603.71 Vendor 11205-LEAGUE OF MN CITIES INS TRUST Total: 603.71 Vendor:11212-LEVANDER,GILLEN&MILLER,PA 174988 12/08/2016 INV0011656 OCT/NOV ATTY FEES 101-1214-631100 Legal/Professional Services 20,704.11 Vendor 11212-LEVANDER,GILLEN&MILLER,PA Total: 20,704.11 Vendor:11238-LOFFLER COMPANIES-131511 174989 12/08/2016 357135,2371622 MAINT,USAGE 101-1213-635100 IT/Srvc Contracted,Non-profe... 1,041.95 Vendor 11238-LOFFLER COMPANIES-131511 Total: 1,041.95 '2/8/7015 1:03:31 IDM —...___- Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:11267-M.E.I.-MN TOTAL ELEVATOR INC 174990 12/08/2016 686484 DEC MAINT SERVICE 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 147.86 Vendor 11267-M.E.I.-MN TOTAL ELEVATOR INC Total: 147.86 Vendor:11292-MAHER,MICHAEL 174917 12/01/2016 INV0011583 REIMB MILEAGE 270-4190-632110 SNC/Transportation 207.58 Vendor 11292-MAHER,MICHAEL Total: 20758 Vendor:11298-MANSFIELD OIL COMPANY 174991 12/08/2016 139050,329,328,9049 FUEL 101-141010 Inventory-Gasoline 5,818.00 Vendor 11298-MANSFIELD OIL COMPANY Total: 5,818.00 Vendor:12798-MARGRON SKOGLUND WINE IMPORTS,INC 175032 12/08/2016 INV0011688 NOV-WINE 609-144020 Wine#1(Cub Location) 1,309.00 175032 12/08/2016 INV0011688 NOV-FREIGHT 609-6910-500101 Liq 1/COGS-Freight 19.50 Vendor 12798-MARGRON SKOGLUND WINE IMPORTS,INC Total: 1,328.50 Vendor:12747-MATTSON ICE 175031 12/08/2016 INV0011687 NOV-MISC 609-144040 Misc.#1(Cub Location) 232.45 175031 12/08/2016 INV0011687 NOV-MISC 609-145040 Misc.#2(Highway 65) i�- 95.20 Vendor 12747-MATTSON ICE Total: 327.65 Vendor:11346-MENARDS-FRIDLEY 174918 12/01/2016 47129,46812 CEDAR POSTS,MAINT SUPPLIES 270-4190-621140 SNC/Supplies for Repair&Mai... 29.98 VD 1.74918 12/01/2016 47129,46812 CEDAR POSTS,MAINT SUPPLIES 270-4190-621140 SNC/Supplies for Repair&Mai... 31.92 W 174992 12/08/2016 48424,48513 BARRICADE SUPPLIES 101-3174-621140 Streets/Supplies for Repair&... _ 89.86 Vendor 11346-MENARDS-FRIDLEY Total: 151.76 Vendor:11369-METROPOLITAN COUNCIL(SAC CHARGES) 174919 12/01/2016 INV0011611 NOV SAC CHARGES 602-232310 Due to-Govts/Sewer(SAC) 2,460.15 Vendor 11369-METROPOLITAN COUNCIL(SAC CHARGES)Total: 2,460.15 Vendor:11380-MID AMERICA BUSINESS SYSTEMS 174993 12/08/2016 739493 LEKTRIEVER REPAIR 101-2110-635100 Police/Services Contracted,N... _ 317.25 Vendor 11380-MID AMERICA BUSINESS SYSTEMS Total: 317.25 Vendor:11406-MILLNER HERITAGE VINEYARD&WINERY 174994 12/08/2016 INV0011661 NOV-WINE 609-144020 Wine#1(Cub Location) 256.80 174994 12/08/2016 INV0011661 NOV-FREIGHT 609-6910-500101 Liq 1/COGS-Freight 2.00 Vendor 11406-MILLNER HERITAGE VINEYARD&WINERY Total: 258.80 Vendor:11426-MINN CHIEFS OF POLICE ASSOC 174995 12/08/2016 1388 MEMBERSHIP RENEWAL- 2017 101-2110-632100 Police/Dues&Subscription,P... 290.00 WEIERKE Vendor 11426-MINN CHIEFS OF POLICE ASSOC Total: 290.00 12/8/2015 1:03:31°M - 1 °f-' Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:11427-MINN CHILD SUPPORT PAYMENT CENTER 174892 11/30/2016 INV0011493 Bi-weekly payroll deduction 101-213300 Child Support Withheld _ 876.32 Vendor 11427-MINN CHILD SUPPORT PAYMENT CENTER Total: 876.32 Vendor:11436-MINN DEPT OF HEALTH 174920 12/01/2016 INV0011585 4TH QRT WATER SERV 601-202100 State Water Fee Payable 13,022.00 CONNECTION Vendor 11436-MINN DEPT OF HEALTH Total: 13,022.00 Vendor:11437-MINN DEPT OF LABOR&INDUSTRY 174921 12/01/2016 25971003055 NOV SURCHARGES 101-203130 Surtax 2,576.16 Vendor 11437-MINN DEPT OF LABOR&INDUSTRY Total: 2,576.16 Vendor:11447-MINN EQUIPMENT-SCHARBER&SONS 174922 12/01/2016 125956 GEAR BOX/PULLY 101-141040 Inventory-Misc.Parts 912.52 Vendor 11447-MINN EQUIPMENT-SCHARBER&SONS Total: 912.52 Vendor:11450-MINN FIRE SERVICE CERT BOARD 174996 12/08/2016 4511 FIREFIGHTER CERT EXAM 101-2510-635100 Fire/Services Contracted,Non-... _ 115.00 Vendor 11450-MINN FIRE SERVICE CERT BOARD Total: 115.00 Vendor:11474-MINN SAFETY COUNCIL INC 174923 12/01/2016 46555 DEF DRIVING PACKETS 101-4151-621130 Sr Trips/Operating Supplies 510.00 Vendor 11474-MINN SAFETY COUNCIL INC Total: 510.00 Vendor:11495-MINNEAPOLIS FINANCE DEPT 41. 174997 12/08/2016 INV0011559 APS PAWN TRANSACTIONS 101-2111-635100 Police-Pawn/Services Contract... 2,347.20 OCTOBER 2016 Vendor 11495-MINNEAPOLIS FINANCE DEPT Total: 2,347.20 Vendor:12451-MINNESOTA DEPARTMENT OF REVENUE-PAYROLL TAXES DFT0001224 12/02/2016 INV0011522 BI-WEEKLY STATE INCOME TAX 101-212110 State Tax Withheld 18,054.60 WITHHOLDINGS Vendor 12451-MINNESOTA DEPARTMENT OF REVENUE-PAYROLL TAXES Total: 18,054.60 Vendor:12625-MINNESOTA LIMITED 175029 12/08/2016 CP1616102 HYDRANT DEPOSIT REFUND, 101-221100 Deposits 1,700.00 WTR CHARGES 175029 12/08/2016 CP1616102 LOST WRENCH 601-6210-475900 Water Ops/Miscellaneous Rev... -200.00 175029 12/08/2016 CP1616102 WTR USAGE 601-6210-481100 Water Ops/Water Sales -1,478.63 Vendor 12625-MINNESOTA LIMITED Total: 21.37 Vendor:11504-MINNESTALGIA WINERY 174998 12/08/2016 INV0011704 NOV-WINE 609-144020 Wine#1(Cub Location) 90.00 Vendor 11504-MINNESTALGIA WINERY Total: 90.00 Vendor:11524-MORRELL ENTERPRISES 174924 12/01/2016 31958,31983 LEAVES HAULED OUT 603-6210-635100 Storm Ops/Services Contracted.. 1,656.00 Vendor 11524-MORRELL ENTERPRISES Total: 1,656.00 12/8/2016 1:03:31 PM Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:11529-MOSS&BARNETT,PA 174999 12/08/2016 657689 LEAGAL SERVICES:FRANCHISE 225-1219-631100 Cable TV/Professional Services 3,299.00 FEE Vendor 11529-MOSS&BARNETT,PA Total: 3,299.00 Vendor:11546-N.C.P.E.R.S.MINNESOTA-478000 174893 11/30/2016 INV0011509 Bi-weekly payroll deductions 101-213180 PERA Life Insurance 752.00 Vendor 11546-N.C.P.E.R.S.MINNESOTA-478000 Total: 752.00 Vendor:11572-NELSON AUTO CENTER 175000 12/08/2016 INV0011614 NEW SQUAD 373 VIN 704-7130-635100 Self Ins/Srvcs Contracted,Non... 26,413.95 1FM5K8ARXHGB16123 Vendor 11572-NELSON AUTO CENTER Total: 26,413.95 Vendor:11573-NELSON CHEESE&DELI 175001 12/08/2016 107449 CONF MEETING SANDWICHES 101-1210-632120 Gen Mgmt/Conferences&Sch... 103.35 Vendor 11573-NELSON CHEESE&DELI Total: 103.35 Vendor:11580-NETWORK BUSINESS SUPPLIES INC 175002 12/08/2016 INV0011705 THERMAL SHELF LABELS 609-6910-621130 Liq Storel-Cub/Operating Supp.. _ 1,500.25 Vendor 11580-NETWORK BUSINESS SUPPLIES INC Total: 1,500.25 Vendor:11582-NETWORK MEDICS,INC 175003 12/08/2016 8465,8658 WINDOWS ENT 409-1213-621130 IT Capital/Operating Supplies 506.00 175003 12/08/2016 8465,8658 ,VITAL BACKUP 409-1213-635100 IT Capital/Srvc Contracted,No... 195.00 `p Vendor 11582-NETWORK MEDICS,INC Total: 701.00 to Vendor:11592-NEWQUIST&KIMBALL LAW OFFICES,PC 174925 12/01/2016 INV0011590 DEC RETAINER,LEGAL SERV 101-1214-631100 Legal/Professional Services 26,746.50 Vendor 11592-NEWQUIST&KIMBALL LAW OFFICES,PC Total: 26,746.50 Vendor:11627-NORTHWEST ASPHALT,INC 175004 12/08/2016 INV0011666 REFUND HYDRANT DEPOSIT 101-221100 Deposits 1,500.00 175004 12/08/2016 INV0011666 REFUND HYDRANT DEPOSIT 601-6210-481100 Water Ops/Water Sales -305.03 Vendor 11627-NORTHWEST ASPHALT,INC Total: 1,194.97 Vendor:10488-O.P.G-3,INC 174906 12/01/2016 1514 SOFTWARE RENEWAL 101-2110-635100 Police/Services Contracted,N... 1,018.00 Vendor 10488-O.P.G-3,INC Total: 1,018.00 Vendor:11653-OFFICE DEPOT INC 175005 12/08/2016 7391123 OFFICE SUPPLIES 101-1310-621120 Accounting/Office Supplies 16.99 175005 12/08/2016 7391123 OFFICE SUPPLIES 101-1312-621120 Assessing/Office Supplies 32.07 Vendor 11653-OFFICE DEPOT INC Total: 49.06 Vendor:11671-OPEN YOUR HEART 174894 11/30/2016 INV0011506 Bi-weekly payroll contribtions 101-213120 Charitable Contributions 10.00 Vendor 11671-OPEN YOUR HEART Total: 10.00 — ._. 2/8/2016 1:03:31 PM Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:11685-P.E.R.A.-PUBLIC EMPLOYEES DFT0001219 12/02/2016 INV0011507 Bi-weekly deduction- 101-213100 PERA 32,871.87 Coordinated DFT0001220 12/02/2016 INV0011508 Bi-weekly payroll deduction- 101-213100 PERA 164.46 defined contrib DFT0001221 12/02/2016 INV0011510 Bi-weekly payroll ded-Pol/Fire 101-213100 PERA 41,600.47 Vendor 11685-P.E.R.A.-PUBLIC EMPLOYEES Total: 74,636.80 Vendor:11717-PAUSTIS&SONS 175006 12/08/2016 INV0011667 NOV-WINE 609-144020 Wine#1(Cub Location) 2,873.49 175006 12/08/2016 INV0011667 NOV-FREIGHT 609-6910-500101 Liq 1/COGS-Freight 31.25 Vendor 11717-PAUSTIS&SONS Total: 2,904.74 Vendor:11728-PEPSI COLA BOTTLING CO 174926 12/01/2016 INV0011149 OCT-MISC 609-144040 Misc.#1(Cub Location) _ 354.30 Vendor 11728-PEPSI COLA BOTTLING CO Total: 354.30 Vendor:11730-PERFECT 10 CAR WASH EXPRESS 174927 12/01/2016 INV0009008 CAR WASHES PUBLIC WKS#7 601-6210-635100 Water Ops/Services Contracte... 6.02 174927 12/01/2016 INV0009008 CAR WASHES PUBLIC WKS#7 602-6210-635100 Sewer Ops/Services Contracte... 6.02 Vendor 11730-PERFECT 10 CAR WASH EXPRESS Total: 12.04 Vendor:12837-PERFECT 10 DETAIL SHOP 175035 12/08/2016 INV0011694 CAR#109 DETAIL 101-5114-635100 Rental Inspect/Srvc Contracted.. 94.95 VZi 01 Vendor 12837-PERFECT 10 DETAIL SHOP Total: 94.95 Vendor:11747-PHILLIPS WINE&SPIRITS 175007 12/08/2016 INV0011706 NOV-LIQUOR 609-144010 Liquor#1(Cub Location) 5,492.25 175007 12/08/2016 INV0011706 NOV-WINE 609-144020 Wine#1(Cub Location) 11,216.72 175007 12/08/2016 INV0011706 NOV-LIQUOR 609-145010 Liquor#2(Highway 65) 2,245.76 175007 12/08/2016 INV0011706 NOV-WINE 609-145020 Wine#2(Highway 65) 341.28 175007 12/08/2016 INV0011706 NOV-FREIGHT 609-6910-500101 Liq 1/COGS-Freight 312.80 175007 12/08/2016 INV0011706 NOV-FREIGHT 609-6920-500101 Liq 2/COGS-Freight 38.61 Vendor 11747-PHILLIPS WINE&SPIRITS Total: 19,647.42 Vendor:12840-PHINNEY,JILL 175038 12/08/2016 INV0011697 GRANT WRITING FEE 101-2510-635100 Fire/Services Contracted,Non-... 100.00 Vendor 12840-PHINNEY,JILL Total: 100.00 Vendor:11771-POMP'S TIRE SERVICE,INC 174928 12/01/2016 150073614,48488 TIRES CREDIT 101-141030 Inventory-Batteries/Tires -230.00 174928 12/01/2016 150073614,48488 TIRES 101-3174-635100 Streets/Srvcs Contracted,Non... 266.00 Vendor 11771-POMP'S TIRE SERVICE,INC Total: 36.00 Vendor:11774-POSTMASTER 175008 12/08/2016 INV0011668 BULK MAIL PERMIT FEE 92886 101-1210-632100 Gen Mgmt/Dues&Subscriptio... 90.00 175008 12/08/2016 INV0011668 BULK MAIL PERMIT FEE 92886 101-4100-632100 Rec/Dues&Subscription,Per... 65.00 - —_.____ 12/8/2016 1:03:31 PM —___ _r _I 3 n' Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount 175008 12/08/2016 INV0011668 BULK MAIL PERMIT FEE 92886 237-5118-632100 Recycling/Dues&Subscription.. 60.00 Vendor 11774-POSTMASTER Total: 215.00 Vendor:12836-PREESE,JOE 174946 12/01/2016 INV0011609 SR TRIP REFUND 101-4151-459100 Sr Trips/Program Revenue 110.00 Vendor 12836-PREESE,JOE Total: 110.00 Vendor:11783-PREFERRED ONE INSURANCE COMPANY DFT0001216 12/02/2016 INV0011503 MONTHLY PREMIUM 101-213140 Health Insurance 44,732.79 Vendor 11783-PREFERRED ONE INSURANCE COMPANY Total: 44,732.79 Vendor:11804-PRO-TEC DESIGN 175009 12/08/2016 77983 REPAIR DOORS,REMOTE 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 198.00 SERVICE 175009 12/08/2016 77983 REPAIR DOORS,REMOTE 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 225.00 SERVICE Vendor 11804-PRO-TEC DESIGN Total: 423.00 Vendor:12841-PYKA,JOSEPH 175039 12/08/2016 INV0011698 REIMB EMT CERT 101-2510-635100 Fire/Services Contracted,Non-... 70.00 Vendor 12841-PYKA,JOSEPH Total: 70.00 Vendor:11819-Q.P.MARKETING 175010 12/08/2016 5672 FALL CLOTHING STREETS, 101-3172-621110 Parks/Clothing/Laundry Allow... 291.74 PARKS z,175010 12/08/2016 5672 FALL CLOTHING STREETS, 101-3174-621110 Streets/Clothing/Laundry Allo... 521.76 J PARKS Vendor 11819-Q.P.MARKETING Total: 813.50 Vendor:11818-Q-3 CONTRACTING,INC 174929 12/01/2016 TMN0160432 TRAFFIC CONTROL EQUIPMENT 601-6210-635100 Water Ops/Services Contracte... 115.35 Vendor 11818-Q-3 CONTRACTING,INC Total: 115.35 , Vendor:12835-QUALITY LOCKSMITH,INC 174945 12/01/2016 QLS57978 ADJUST PANIC BAR/DOOR 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 130.00 CLOSER Vendor 12835-QUALITY LOCKSMITH,INC Total: 130.00 Vendor:11823-QUALITY REFRIGERATION SERVICE 175011 12/08/2016 INV0011707 HVAC REPAIRS,SERVICE 609-6910-635100 Liq Storel-Cub/Srvcs Contract... 956.60 175011 12/08/2016 INV0011707 HVAC REPAIRS,SERVICE 609-6920-635100 Liq Store 2-65/Srvc Contracted,.. _ 289.24 Vendor 11823-QUALITY REFRIGERATION SERVICE Total: 1,245.84 Vendor:11889-REYNOLDS,VICKI 174930 12/01/2016 INV0011604 STAFF LOGO WEAR 270-4190-621110 SNC/Clothing/Laundry Allowa... 102.40 Vendor 11889-REYNOLDS,VICKI Total: 102.40 Vendor:11918-ROSEVILLE,CITY OF 175012 12/08/2016 222152 NOV IT JOINT INTERNET 101-1213-633120 IT/Comm(phones,postage,et... 550.00 Vendor 11918-ROSEVILLE,CITY OF Total: 550.00 :2/8/2016 1:03:31 PM 14 or 23 Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:11952-SAM'S CLUB 174931 12/01/2016 INV0011612 SUPPLIES FOR PUMKIN NIGHT 270-4192-621130 SNC Spec Events/Operating Su... 185.44 Vendor 11952-SAM'S CLUB Total: 185.44 Vendor:11969-SCHMIT TOWING,INC 175013 12/08/2016 INV0011561 DUI AND DRUG FORFEITURE 240-2170-635100 StateForf-Vice/Drugs-Services... 60.00 TOWS 175013 12/08/2016 INV0011561 DUI AND DRUG FORFEITURE 240-2172-635100 StateForf-DWI-Services Contra... 300.00 TOWS Vendor 11969-SCHMIT TOWING,INC Total: 360.00 Vendor:12008-SHRED-IT 174932 12/01/2016 8121094773 FALL DROP OFF SHREDDING 237-5118-635100 Recycling/Services Contracted,... 860.00 Vendor 12008-SHRED-IT Total: 860.00 Vendor:12017-SILENT KNIGHT SECURITY SYSTEMS 175014 12/08/2016 96495 FIRE MONITORING 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 420.00 Vendor 12017-SILENT KNIGHT SECURITY SYSTEMS Total: 420.00 Vendor:12045-SOUTHERN WINE&SPIRITS OF MN,LLC 175015 12/08/2016 INV0011708 NOV-LIQUOR 609-144010 Liquor#1(Cub Location) 15,751.73 175015 12/08/2016 INV0011708 NOV-WINE 609-144020 Wine#1(Cub Location) 3,998.68 175015 12/08/2016 INV0011708 NOV-LIQUOR 609-145010 Liquor#2(Highway 65) 2,295.52 175015 12/08/2016 INV0011708 NOV-WINE 609-145020 Wine#2(Highway 65) 1,238.00 175015 12/08/2016 INV0011708 NOV-FREIGHT 609-6910-500101 Liq 1/COGS-Freight 363.74 pp 175015 12/08/2016 INV0011708 NOV-FREIGHT 609-6920-500101 Liq 2/COGS-Freight 75.63 Vendor 12045-SOUTHERN WINE&SPIRITS OF MN,LLC Total: 23,723.30 Vendor:12062-SPRINGBROOK NATURE CENT FOUNDATION 271 11/30/2016 INV0011516 FRIDLEY EMPLOYEE PAYROLL 101-213120 Charitable Contributions 3.86 DONATIONS Vendor 12062-SPRINGBROOK NATURE CENT FOUNDATION Total: 3.86 Vendor:12083-STANDARD SPRING PARTS 174933 12/01/2016 363326 U-BOLTS 101-141040 Inventory-Misc.Parts 45.96 Vendor 12083-STANDARD SPRING PARTS Total: 45.96 Vendor:12105-STIMEY ELECTRIC 174934 12/01/2016 2874 REPLACE PHOTOCELL FOR 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 98.76 LIGHTS 174934 12/01/2016 2886 WELL REPAIRS ON HIGH LIFT 601-6310-635100 Water CIP/Srvc Contracted,N... 1,327.88 PUMPS Vendor 12105-STIMEY ELECTRIC Total: 1,426.64 Vendor:12138-SWANSON,JANICE NC 174935 12/01/2016 INV0011597 REIMB MILEAGE 270-4190-632110 SNC/Transportation 356.50 Vendor 12138-SWANSON,JANICE NC Total: 356.50 12/8/2016 1:03:31 PM 'r 1;n„` Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:12147-T.A.S.C. 175016 12/08/2016 2138,36778,2650 SERVICE FEES,FSA,RETIREE 704-7130-631100 Self Ins/Professional Services 716.28 ADMIN Vendor 12147-T.A.S.C. Total: 716.28 Vendor:12236-TRI-LAND PROPERTIES-ZCOF TL FRIDLEY 174936 12/01/2016 INV0011598 LEASE PMT 3047-0001A- 609-6910-635110 Liq Storel-Cub/Rentals 16,043.36 00000367 Vendor 12236-TRI-LAND PROPERTIES-ZCOF TL FRIDLEY Total: 16,043.36 Vendor:12443-U.S.BANK TRUST(HSA-OPTUM) DFT0001217 12/02/2016 INV0011504 HSA savings acct-employee 703-213340 Health Care Spending 2,011.74 contribution DFT0001218 12/02/2016 INV0011505 HSA savings acct-employer 101-213150 HRA/Veba&HSA Benefit-Heal... 1,800.00 additional Vendor 12443-U.S.BANK TRUST(HSA-OPTUM)Total: 3,811.74 Vendor:12265-U.S.DEPARTMENT OF EDUCATION 174895 11/30/2016 INV0011518 US Dept of Ed garnishment 101-213310 Garnishments Withheld 226.49 Vendor 12265-U.S.DEPARTMENT OF EDUCATION Total: 226.49 Vendor:12279-UNITED BUSINESS MAIL 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-1210-633120 Gen Mgmt/Communication(p... 60.66 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-1216-633120 Elections/Communication(ph... 18.56 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-1310-633120 Accounting/Communication(... 123.11 VD 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-1312-633120 Assessing/Communication(ph... 2.52 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-132200 Due from HRA 4.46 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-2110-633120 Police/Communication(phone... 124.37 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-2510-633120 Fire/Communication(phones,... 30.81 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-3140-633120 Eng/Communication(phones,... 55.32 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-3174-633120 Streets/Communication(phon... 24.35 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-4100-633120 Rec/Communication(phones,... 56.21 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-4150-633120 Sr Center/Communication 1.93 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-5110-633120 Bldg Inspect/Comm.(phones,... 30.37 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-5112-633120 Planning/Communication(pho... 77.22 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 101-5114-633120 Rental Inspect/Comm(phones,.. 39.87 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 225-1219-633120 Cable TV/Comm.(phones,pos... 0.30 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 237-5118-633120 Recycling/Communication(ph... 4.90 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 270-4190-633120 SNC/Comm,(phones,postage,... 36.98 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 601-6210-633120 Water Ops/Communication(p... 50.27 175017 12/08/2016 INV0011675 POSTAGE ACCT#341001 609-6910-633120 Liq Storel-Cub/Comm.(phone... _ 0.30 Vendor 12279-UNITED BUSINESS MAIL Total: 742.51 Vendor:12280-UNITED PARCEL SERVICE 175018 12/08/2016 YW2291476 DELIVERY FEES 101-1213-633120 IT/Comm(phones,postage,et... _ 13.64 Vendor 12280-UNITED PARCEL SERVICE Total: 13.64 12/8/2016 1:03:31 PM :, Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount Vendor:12286-UNITED WAY 174896 11/30/2016 INV0011517 Bi-weekly payroll contributions 101-213120 Charitable Contributions 20.00 Vendor 12286-UNITED WAY Total: 20.00 Vendor:12313-VERIZON WIRELESS 175019 12/08/2016 INV0011710 WIRELESS SERVICE 101-2510-633120 Fire/Communication(phones,... 280.14 175019 12/08/2016 INV0011710 WIRELESS SERVICE 101-3140-633120 Eng/Communication(phones,... 28.01 Vendor 12313-VERIZON WIRELESS Total: 308.15 Vendor:12321-VIKING ELECTRIC SUPPLY 174937 12/01/2016 1984283,198293 PREPLACE SECURITY LIGHTING 601-6210-621140 Water Ops/Supplies for Repair... 164.94 Vendor 12321-VIKING ELECTRIC SUPPLY Total: 164.94 Vendor:12326-VINOCOPIA,INC 175020 12/08/2016 INV0011677 NOV-WINE 609-144020 Wine#1(Cub Location) 2,497.50 175020 12/08/2016 INV0011677 NOV-FREIGHT 609-6910-500101 Liq 1/COGS-Freight 42.00 Vendor 12326-VINOCOPIA,INC Total: 2,539.50 Vendor:12333-VOIGT'S BUS SERVICES INC 174938 12/01/2016 75268 YOUTH TRIP 101-4113-632110 Rec-Youth Trips/Transportation 155.74 175021 12/08/2016 75446 YOUTH TRIP TRANSPORTATION 101-4113-632110 Rec-Youth Trips/Transportation 202.80 Fr Vendor 12333-VOIGT'S BUS SERVICES INC Total: 358.54 O /ertdor:12343-W.S.B.&ASSOCIATES INC 175022 12/08/2016 INV0011680 PROF SERVICE SWAMP 603-6310-631100 Storm CIP/Professional Services 11,579.50 Vendor 12343-W.S.B.&ASSOCIATES INC Total: 11,579.50 Vendor:12384-WINE COMPANY 175023 12/08/2016 INV0011681 NOV-WINE 609-144020 Wine#1(Cub Location) 712.00 175023 12/08/2016 INV0011681 NOV-FREIGHT 609-6910-500101 Liq 1/COGS-Freight 13.20 Vendor 12384-WINE COMPANY Total: 725.20 Vendor:12385-WINE MERCHANTS 175024 12/08/2016 INV0011682 NOV-WINE 609-144020 Wine#1(Cub Location) 775.81 175024 12/08/2016 INV0011682 NOV-WINE 609-145020 Wine#2(Highway 65) 72.00 175024 12/08/2016 INV0011682 NOV-FREIGHT 609-6910-500101 Liq 1/COGS-Freight 11.70 175024 12/08/2016 INV0011682 NOV-FREIGHT 609-6920-500101 Liq 2/COGS-Freight 1.17 Vendor 12385-WINE MERCHANTS Total: 860.68 Vendor:_,12402-XCEL ENERGY 174939 12/01/2016 INV0011601 UTILITIES 524869912 101-2510-634100 Fire/Utility Services 224.66 174939 12/01/2016 INV0011601 UTILITIES 524968463 101-3170-634100 Lighting/Utility Services 15,665.14 174939 12/01/2016 INV0011601 UTILITIES 525556883 101-3172-634100 Parks/Utility Services 27.38 174939 12/01/2016 INV0011601 UTILITIES 52473928 270-4190-634100 SNC/Utility Services 1,490.55 174939 12/01/2016 INV0011601 UTILITIES 524884958 602-6210-634100 Sewer Ops/Utility Services 1,482.13 12/8/2016 1:03:31 PM , 17 n j Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount 174939 12/01/2016 INV0011601 UTILITIES 524941378 603-6210-634100 Storm Ops/Utility Services _ 143.32 Vendor 12402-XCEL ENERGY Total: 19,033.18 Vendor:12416-Z WINES USA 175027 12/08/2016 INV0011683 NOV-WINE 609-145020 Wine#2(Highway 65) 302.00 175027 12/08/2016 INV0011683 NOV-FREIGHT 609-6920-500101 Liq 2/COGS-Freight 7.50 Vendor 12416-Z WINES USA Total: 309.50 Grand Total: 1,092,790.30 H+ O I+ 12/8/2015 1:03:31 PM -:1_ 173 n"23 Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Report Summary Fund Summary Fund Payment Amount 101-GENERAL FUND 387,993.51 225-CABLE TV FUND 3,656.78 237-SOLID WASTE ABATEMENT 924.90 240-DRUG/GAMBLING FORFEITURES 360.00 260-POLICE ACTIVITY FUND 84.11 270-SPRINGBROOK NC FUND 2,590.57 405-CAPITAL IMPROVEMENTS-BLDG 245,985.11 406-CAPITAL IMPROVEMENTS-STR 16,418.50 407-CAPITAL IMPROVEMENTS-PKS 13,129.60 409-CAPITAL IMPR-INFO SYSTEMS 1,192.64 410-CAPITAL EQUIPMENT FUND 679.34 601-WATER FUND 18,616.69 602-SEWER FUND 13,213.16 603-STORM WATER FUND 13,378.82 609-MUNICIPAL LIQUOR 344,596.62 703-EMPLOYEE BENEFITS 2,011.74 704-SELF INSURANCE FUND 27,733.94 851-Senior-Advisory Council 224.27 r Grand Total: 1,092,790.30 lv Account Summary Account Number Account Name Payment Amount 101-1210-631100 Gen Mgmt/Professional S... 1,445.00 101-1210-632100 Gen Mgmt/Dues&Subscr... 90.00 101-1210-632120 Gen Mgmt/Conferences&.. 103.35 101-1210-633120 Gen Mgmt/Communicati... 788.84 101-1212-631100 HR/Professional Services 48.00 101-1213-621130 IT/Operating Supplies 115.00 101-1213-633120 IT/Comm(phones,postag... 1,053.96 101-1213-635100 IT/Srvc Contracted,Non-p... 1,041.95 101-1214-631100 Legal/Professional Services 47,450.61 101-1216-632110 Elections/Transportation 138.58 101-1216-633110 Elections/Printing&Bindi... 539.00 101-1216-633120 Elections/Communication.. 18.56 101-1310-621120 Accounting/Office Supplies 16.99 101-1310-631100 Accounting/Professional... 500.00 101-1310-633120 Accounting/Communicati... 123.11 101-1312-621120 Assessing/Office Supplies 32.07 101-1312-633120 Assessing/Communication.. 2.52 101-132200 Due from HRA 4.46 =2/3/2015 1:03:31 PM ;9 n`Z' Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Account Summary Account Number Account Name Payment Amount 101-141010 Inventory-Gasoline 5,818.00 101-141030 Inventory-Batteries/Tires -230.00 101-141040 Inventory-Misc.Parts 1,397.85 101-1410-631100 Non-dept/Professional Se... 8,500.00 101-1410-632120 Non-dept/Conferences&... 1,050.00 101-203130 Surtax 2,576.16 101-2110-621110 Police/Clothing/Laundry A... 1,336.38 101-2110-632100 Police/Dues&Subscriptio... 290.00 101-2110-633120 Police/Communication(p... 2,362.75 101-2110-635100 Police/Services Contracte... 1,335.25 101-2111-635100 Police-Pawn/Services Con... 2,347.20 101-212100 Federal Tax Withheld 46,623.84 101-212110 State Tax Withheld 18,054.60 101-212120 FICA Payable 29,748.98 101-212130 Medicare Payable 11,687.24 101-213100 PERA 74,636.80 101-213120 Charitable Contributions 41.55 101-213140 Health Insurance 44,732.79 101-213150 HRA/Veba&HSA Benefit-... 3,000.00 r 101-213160 Dental Insurance Payable 3,358.05 C W 101-213180 PERA Life Insurance 752.00 101-213210 Union Dues-Police 1,617.00 101-213230 Union Dues-Fire 90.00 101-213260 Deferred Comp.-ICMA 457.. 12,814.52 101-213270 ICMA Roth IRA 1,733.08 101-213280 RHS Plan(ICMA) 225.00 101-213290 Fire Relief Dues Withheld 100.00 101-213300 Child Support Withheld 1,286.87 101-213310 Garnishments Withheld 226.49 101-213330 Fridley Police Association 88.00 101-2150-633120 EM/Communication(phon... 116.15 101-2150-635100 EM/Srvc Contracted,Non... 4.55 101-2152-621110 EM/Clothing/Laundry All... 202.82 101221100 Deposits 3,200.00 101-2510-621100 Fire/Fuels&Lubes 54.32 101-2510-621110 Fire/Clothing/Laundry All... 6,761.41 101-2510-621130 Fire/Operating Supplies 572.60 101-2510-621140 Fire/Supplies for Repair&... 87.74 101-2510-621150 Fire/Tools&Minor Equip... 166.57 101-2510-633120 Fire/Communication(pho... 502.55 101-2510-634100 Fire/Utility Services 224.66 101-2510-635100 Fire/Services Contracted,... 1,475.00 _2/8/2016 1:03:31 PM Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Account Summary Account Number Account Name Payment Amount 101-3110-635100 Mun Ctr/Srvcs Contracted,.. 4,606.43 101-3140-621120 Eng/Office Supplies 63.73 101-3140-632100 Eng/Dues&Subscription,... 2,157.11 101-3140-633120 Eng/Communication(pho... 563.25 101-3140-635100 Eng/Services Contracted,... 11,440.00 101-3170-634100 Lighting/Utility Services 15,665.14 101-3172-621110 Parks/Clothing/Laundry Al... 291.74 101-3172-633120 Parks/Communication(p... 291.80 101-3172-634100 Parks/Utility Services 27.38 101-3174-621110 Streets/Clothing/Laundry... 521.76 101-3174-621140 Streets/Supplies for Repai... 123.22 101-3174-633120 Streets/Communication(... 519.22 101-3174-635100 Streets/Srvcs Contracted,... 586.39 101-3176-633120 Garage/Communication(... 174.11 101-3176-635100 Garage/Services Contract... 1,235.00 101-4100-632100 Rec/Dues&Subscription,... 65.00 101-4100-633120 Rec/Communication(pho... 125.90 101-4113-632110 Rec-Youth Trips/Transpor... 358.54 101-4150-633120 Sr Center/Communication 1.93 N+ 101-4151-459100 Sr Trips/Program Revenue 385.00 0 101-4151-621130 Sr Trips/Operating Supplies 510.00 A 101-5110-633120 Bldg Inspect/Comm.(pho... 130.83 101-5110-635100 Bldg Inspect/Srvc Contrac... 3,372.00 101-5112-633120 Planning/Communication... 112.21 101-5114-633120 Rental Inspect/Comm(ph... 90.10 101-5114-635100 Rental Inspect/Srvc Contr... 94.95 225-1219-631100 Cable TV/Professional Ser... 3,299.00 225-1219-633120 Cable TV/Comm.(phones,... 49.48 225-1219-635100 Cable TV/Sry Contracted,... 308.30 237-5118-632100 Recycling/Dues&Subscri... 60.00 237-5118-633120 Recycling/Communication... 4.90 237-5118-635100 Recycling/Services Contra... 860.00 240-2170-635100 StateForf-Vice/Drugs-Serv... 60.00 240-2172-635100 StateForf-DWI-Services C... 300.00 260-2114-633120 Police PSDS/Communicati... 84.11 270-4190-621110 SNC/Clothing/Laundry All... 144.63 270-4190-621140 SNC/Supplies for Repair&... 61.90 270-4190-632110 SNC/Transportation 564.08 270-4190-633120 SNC/Comm,(phones,pos... 120.55 270-4190-634100 SNC/Utility Services 1,490.55 270-4190-635110 SNC/Rentals 23.42 270-4192-621130 SNC Spec Events/Operati... 185.44 '_2/8/2016 1:03:31 PM .-t °' Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Account Summary Account Number Account Name Payment Amount 405-3115-631100 Bldg CIP-MunCtr/Professi... 245,985.11 406-3174-631100 CIP Streets/Professional S... 16,418.50 407-3172-631100 CIP Parks/Professional Ser... 5,377.20 407-3172-635100 CIP Parks/Services Contra... 7,752.40 409-1213-621130 IT Capital/Operating Suppl.. 997.64 409-1213-635100 IT Capital/Srvc Contracted,.. 195.00 410-2110-703100 CapEq.Police/Machinery 679.34 601-202100 State Water Fee Payable 13,022.00 601-6110-633120 Water Admin/Comm(ph... 25.16 601-6210-475900 Water Ops/Miscellaneous... -200.00 601-6210-481100 Water Ops/Water Sales -1,783.66 601-6210-621140 Water Ops/Supplies for R... 5,020.16 601-6210-633120 Water Ops/Communicati... 439.05 601-6210-635100 Water Ops/Services Contr... 571.37 601-6310-635100 Water CIP/Srvc Contracte... 1,522.61 602-232310 Due to-Govts/Sewer(SAC) 2,460.15 602-6110-633120 Sewer Admin/Comm(pho... 25.16 602-6210-633120 Sewer Ops/Communicati... 339.70 602-6210-634100 Sewer Ops/Utility Services 1,482.13 1-+ 602-6210-635100 Sewer Ops/Services Contr... 8,906.02 Ura C 603-6210-634100 Storm Ops/Utility Services 143.32 603-6210-635100 Storm Ops/Services Contr... 1,656.00 603-6310-631100 Storm CIP/Professional Se... 11,579.50 609-144010 Liquor#1(Cub Location) 83,037.38 609-144020 Wine#1(Cub Location) 53,622.79 609-144030 Beer#1(Cub Location) 144,276.50 609-144040 Misc.#1(Cub Location) 1,763.95 609-144050 Tobacco#1(Cub Location) 2,576.24 609-145010 Liquor#2(Highway 65) 10,441.36 609-145020 Wine#2(Highway 65) 5,933.07 609-145030 Beer#2(Highway 65) 18,806.70 609-145040 Misc.#2(Highway 65) 509.45 609-6910-500101 Liq 1/COGS-Freight 2,093.23 609-6910-621130 Liq Storel-Cub/Operating... 2,110.98 609-6910-633120 Liq Storel-Cub/Comm.(p... 318.03 609-6910-635100 Liq Storel-Cub/Srvcs Cont... 956.60 609-6910-635110 Liq Storel-Cub/Rentals 16,043.36 609-6920-500101 Liq 2/COGS-Freight 299.29 609-6920-631100 Liq Store 2-65/Professiona.. 1,260.00 609-6920-633120 Liq Store 2-65/Communic... 258.45 609-6920-635100 Liq Store 2-65/Srvc Contra.. 289.24 703-213340 Health Care Spending 2,011.74 :2/8/2016 1:03:31 PM - . Claims Council 12/12/16 Payment Dates:11/28/2016-12/09/2016 Account Summary Account Number Account Name Payment Amount 704-7130-631100 Self Ins/Professional Servi... 1,319.99 704-7130-635100 Self Ins/Srvcs Contracted,... 26,413.95 851-232400 Sr-Advisory//Due to other... 224.27 Grand Total: 1,092,790.30 Project Account Summary Project Account Key Payment Amount **None** 775,683.61 40516505 245,985.11 4061521 13,014.50 4061601 3,404.00 40700389 5,377.20 40716902 7,752.40 4091501 997.64 4091561 195.00 4101521 679.34 419202 185.44 60116412 194.73 60116448 1,327.88 60316467 11,579.50 7041601 26,413.95 Grand Total: 1,092,790.30 12/8/2016 1:03:31 PM _._ 1- CITY COUNCIL MEETING OF -40 DECEMBER 12, 2016 BUSINESS LICENSE LIST Temporary On Sale Intoxicating Fridley Lions Public Safety Director Liquor At Banquets of Minnesota City Clerk January 27,2017 6310 Highway 65 NE Roger Solz,Applicant 107 AGENDA ITEM <' r CITY COUNCIL MEETING OF '; Fridley DECEMBER 12, 2016 To: Wally Wysopal, City Man, From: Shelly Peterson, Finance Director Date: December 8, 2016 Re: Public Meeting on 2017 Budget Council will hold a public meeting at 7 pm on December 12, 2016. I have prepared a presentation prior to opening that public meeting. This will be an opportunity for the public to comment on the proposed budget. Below are some updates to the budget document since it was presented to Council at the November 28, council meeting. In addition to minor changes such as additions to a few key measures and budget comments, below are the adjustments made to budgeted figures: 1. Legislative, Page13 2017 Proposed Budget - shifted $1,000 from Personnel expenditures to Other Charges & Services to account for additional professional service fees anticipated for 2017. No change to total General Fund budget. 2. Cable TV, Page 38 2016 Revised Budget- increased Other Services & Charges by $26,000 as a result of additional expenditures since initial projections were made. This fund is anticipated to use $21,000 in fund balance in 2016. 3. Springbrook Nature Center, Page 41 2016 Revised Budget— increased Supplies by $14,000 to account for additional expenditures since initial projections were made. This fund is still projected to see an increase in fund balance at the end of 2016. 4. Building Improvements Fund, Page 42 2017 Proposed Budget— adjusted preliminary figures for Bond Proceeds and the Proposed Civic Campus project to reflect an amount not to exceed $50,000,000. 5. Water Fund, Page 48 a. Corrected 2017 Ending Cash Balance (formula error. All of the combining schedules at the front of the document have been updated to reflect these changes. The 2017 proposed budget has been posted on the City's website since the beginning of December and a copy will be available for the public to view at the public meeting on December 12. 108 if7ridleyal AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 12, 2016 TO: Walter T. Wysopal, City Manager`/47 PW16-069 FROM: Jim Kosluchar, Public Works Director Jon Lennander, Assistant City Engineer DATE: December 8, 2016 SUBJECT: Receiving Feasibility Report and Calling for a Public Hearing for 2016 Street Rehabilitation Project No. ST2017-01 On August 22, 2016, the City Council approved Resolution 2016-040 directing preparation of a feasibility report for 2017 Street Improvement Project No. ST 2017-01. The project is proposed in the North Park neighborhood. On November 1, 2016, property owners and Council Members were invited to attend an open house to discuss the project. 264 properties received notice of the open house via U.S. Mail. There are 264 properties in the North Park neighborhood that would be subject to assessment under the proposed project. Staff gave a presentation to 18 attendees that explained the City's resurfacing program, provided a project summary, presented the anticipated project schedule, presented the project budget, and outlined the estimated assessments and payment schedule. Following the staff presentation, the meeting was opened to group questions and comments. Several property owners stayed after the meeting to ask individual questions regarding the project. The attendance sheet and comment from the meeting are attached. A questionnaire was mailed to all affected owners requesting information from those interested in participating in this program. The questionnaire also requests input on other project aspects, including access during construction and utility services. After the City Council resolution,staff resumed final preparation of the feasibility report. The attached feasibility report includes consideration for public comment and concern received through open house discussion, property survey, and telephone conversations. Please refer to the completed feasibility report, which concludes: 1. The project is necessary as included in the City of Fridley's proposed Long-Term Street Maintenance Program, and 2017-21 Capital Investment Program. 109 2. The project is cost-effective, and will result in reduced maintenance requirements within the project area and a long-term savings to the City of Fridley. 3. The project is feasible and is funded in the proposed FY2017 budget. Staff recommends the City Council move to approve the attached resolution receiving the Feasibility Report for 2017 Street.Rehabilitation Project No. ST2017- 01 and calling for a public hearing on the proposed improvements on December 27, 2016. If the City Council approves the attached resolution at this meeting, public hearing notices will be received by property owners abutting the project area and the public hearing will be advertised in the official newspaper. JPK:jpk Attachments • 110 ST2017-01 Street Project Project Survey Responses and Unsolicited Comments 12/8/2016 1.Sanitary 2.Driveway 3.Irrigation 4.Pet fence 5.Drainage Sewer Service System near 7:Rain Garden? Point of Contact Owner? Impectlon? Roplecenwm? curb? near curb? Problems? 6.comments Property Address Name Telephone ft Email Yes No Yes No Yes No Yes No Yes No Yes No Special access needs-handicap will need in and out access. 1180 Regis Lane Rita Praulins 763-568-7475 slit+••no•I-•ccom z x x x x z 1200 Regis Lane Brian and Sandra Kelly 651-269-0906 sikIDpeoplepc.com xx x x x x 1060 Hathaway Lane Becky Knetlerx x x x x x Water shut off In driveway 5690 Regis Drive Frank and Mary Plant 763-574-1607 x x x x z 5730 Polk Street Jim and Nancy Jorgenson 612-749-6058 niioreenson48®msn.com xx x x x 5741 Polk Street Robert Wayne 763-571-4167 x _ x x x x x 1217 Hathaway Street Norma Hotved-Iacono 763-780-6016 nonnahotvetlacono all.com Y xx _ x x x x Has any thought been given to putting electrical service and cable service underground in neighborhood?Also 1225 Regis Lane Malcolm Mitchell 763-571-2339 malcolminitd_ tn x x x x x x telephone? 1, -. --la lmek it 2017 STREET IL ATION PROJECT CITY OF FRIDLEY PROJECT ST2 1 l-0i Open House Sign-in Sheet 11/1/2016 Name Address Telephone No. CLL c, hitt-)5a t z9 t ryt IA 0 ,;c i en5-57a Jx.Itemou. . , . -674/-/90/ ee )L 6:-It r r1 j , a© - .nf 7b3- 57y-! a=, w l 20 f "9�'l. -76 �-. johvi icid im�(�� lV 3`5�5� 100 0e tli!\ (` c —5 Cam k C/ ) c c. (-'5 -17 !! )1. Pi ,4 /I. (''-":7"/ .;�? /f , ; 4 t '7 ..izzeeltzyynatidiceu.ocLy.11..eL,e 'V j&e;',6-171S70/ Ret. r 3','n+d 001 ok eii5J n R - 5'-1 >- Js c 112 RESOLUTION NO. 2016- A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR STREET REHABILITATION PROJECT NO. ST. 2017-01 WHEREAS, pursuant to Resolution 2016-040 of the City Council of the City of Fridley adopted August 22, 2016, a report has been prepared by the City of Fridley Public Works Department with reference to the improvements listed in`Exhibit A',attached,and this report was officially received by the City Council on December 12,2016,and WHEREAS,the report provides information regarding whether the proposed project is necessary,cost- effective, and feasible, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of$1,177,000. 2. A public hearing shall be held on such proposed improvement on the 9th day of January 2017,in the Council Chambers of the Fridley City Hall at 7:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12th DAY OF DECEMBER,2016. SCOTT J.LUND-MAYOR ATTEST: DEBRA A. SKOGEN- CITY CLERK 113 EXHIBIT A 2017 STREET REHABILITATION PROJECT NO.ST.2017-1 PROPOSED IMPROVEMENTS Street improvements, including pavement rehabilitation, bituminous paving, water main reconstruction and utility repairs including street segments as follows: HACKMANN AVENUE from CENTRAL AVENUE to POLK STREET HATHAWAY LANE from POLK STREET to 440'east of REGIS DRIVE LYNDE DRIVE from HILLWIND ROAD to POLK STREET POLK STREET from HACKMANN AVENUE to 350'south of LYNDE DRIVE REGIS DRIVE from HATHAWAY LANE to REGIS LANE REGIS LANE from FILLMORE STREET to 155'west of MATTERHORN DRIVE HILLWIND ROAD from MATTERHORN DRIVE to HACKMANN AVENUE FILLMORE STREET from REGIS LANE to LYNDE DRIVE 114 it CITY OF FRIDLEY, MINNESOTA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION [IMF Fridley FEASIBILITY REPORT FOR 2017 STREET REHABILITATION PROJECT NO. ST2017-01 December 2016 I hereby certify that this plan, specifications, or report was preparedby me or under my direct supervision and that I am a duly licensed Professional Engineer with the laws of the State of Minnesota. A. ....._ Date: December 10, 2016 J- •.M Kosluchar, -.E. ` -'istration No. 26460 1 115 TABLE OF CONTENTS Description Page No. INTRODUCTION 3 STREET RESURFACING PLAN 4 BACKGROUND 5 PROPOSED IMPROVEMENTS 5 Overview 6 Pavement Resurfacing 6 Water Main Improvements 6 Sanitary Sewer and Storm Sewer Repairs 6 Stormwater Quality Improvements 6 ESTIMATED COSTS 7 FUNDING SOURCES 7 Street Rehabilitation Funding 7 Sanitary Sewer and Storm Sewer Repairs 7 SUMMARY 8 APPENDICES 9 FIGURE A PROJECT AREA MAP 10 FIGURE B OPINION OF PROBABLE COST 11 FIGURE C FUNDING SOURCES 13 FIGURE D PROJECT SCHEDULE 14 FIGURE E TYPICAL SECTIONS 15 2 116 INTRODUCTION The City of Fridley has an ongoing obligation to maintain its streets in an efficient manner, to provide a high level of service while maintaining a minimum budget. To enable the City to identify improvements that will provide for an efficient level of service and life-cycle cost, staff inspects and rates its pavements on a regular basis. The City also has developed a pavement improvement plan based on resurfacing.pavement and base treatment with intermittent sealcoating. The goal is to provide maintenance improvements at scheduled intervals. For example: Activity Schedule N'/yp/®/////dM///i/4074%O/A///O//////C/®/p/®/A,/i✓///.VddrarO/O/.//O/////B///,I/®70/0/e®/®/�/W/®/O/.A"/®///O04%I Initial Construction Year 0 Sealcoating Year 8 Sealcoating Year 16 Resurfacing Year 24 Sealcoating Year 32 Sealcoating Year 40 Reconstruction Year 48 This is an ideal and aggressive sequence for street maintenance. Note that the final reconstruction may be substituted with resurfacing activities if roadway base is in good condition, with the intent to extend road life for an additional cycle of 24 years. Due to the variability with budgets, road configurations, traffic patterns, condition of utilities, source of funds, other projects, etc., the basic schedule above varies and fluctuates for each roadway segment. As part of identifying the best candidate for this year's pavement resurfacing project, City of Fridley Engineering Division staff works with Street Maintenance Division staff to develop the list of candidate projects. The factors considered are physical characteristics, budgetary factors, and other considerations are listed to assist in selection of a best candidate. The Engineering Division monitors existing pavements through semi-annual inspections. From this inspection information, the Engineering Division prepares a Street Resurfacing Plan consistent with the Street Capital Improvement Plan, which designates candidate street segments for construction, reconstruction, and rehabilitation. The City of Fridley also performs preventative surface maintenance (e.g. sealcoating), routine crack sealing and pothole patching maintenance. The amount of street maintenance on this segment is increasing annually due to the rapid deterioration of the existing pavements. The Engineering Division has prepared a Street Resurfacing Plan consistent with the Long-Term Street Maintenance Program, which designates candidate street segments for construction, reconstruction, and rehabilitation. The Plan identifies the areas within the city and the anticipated year for maintenance projects. Please refer to the following map summarizing the Long-Term Street Maintenance Program. 3 117 I City1 \ . 1. of iii CI 4r,� Fridley Fridley mac_'-__- ,1(; \ { - .I a Street Resurfacing Plan r,,ir W _...i...0_.-MVI-_. 201 7-2028 _ 1- OSBORNE-RD. NE , cliiik q ri _,,i__Ai/c.,,-0,i Ai • z Imi , ,, ,� t'/i/ ivl li! i ."-=-.1 I (11 JI I jr-Thu 0 0.2 0.4 0.6 0.8 4`JI Q I L r I. �,MIM A,4;•„--ii..)am- ril Z C 0 1000 2000 3.000 4,000 { _ 1(~-U _'e ..1 I.. w /e/r/�/disrAt.. h' 4 .r t--.- .._P'�Faet I' I/I II / I/,I a / j� 41 N ��P i L-12023 r,, kvial P 1 ��J; J.15:i /.lam. T-1----Z -0 fy _Inr'.'07 FI`=a Vw '1 ,i II II 0 _ i� D 101/1 /�1/I/i//r/ Sources v\ \ ,7 II it 11 _ /00t,1�/r--7dh/r?�tr FId1eYEn9lncenn9 \\\!,t I II il� ��I 0/11/1//{ ' 10/I/I//.. Fridley 613 1 , /�I/�I�/, I/�!I!�i/i" Map Date:11/1/2016 O� - MISSISSIPPI 1 ST,NE—• 'rr.� I 1101 guiti `/j t`.1 N2 , $Mi* t2 ; //0�'s'//i l' J=M gli, a MI f �,I 0/ D� �' ! %�ri%� ' "III 1��1/1 //////�� 0 �J I I P k� ��/ 11�� ? %fell '/1 '`� I �� *vim.at.e,..,,, yr//Ir/ �� \) ,2.:-.:--1-1;,,,, Di e t,ti i•7 40 0 ‘,/41 -A-'. 0000/ er 04,..4./.;-,-,,f;,,,,;.-7,0,0, , ,/1,�r, , 1.., ill / /.694 l�(//0,_,_._,____.,_,...„: i -_-_� �i/,,,aa_��I.- �`/ ,A V r I% // �/� \ /�.4011 A Al.011AI it 01 Ie!.1��♦ 694/// 4�. „,, / 1 : i 4,, ___J /� � Iii i Z 1\ \1L 2.L---M Resurfacing of Local 1 .PoStreets to be Determined \, ___ 2017 2023 --- // 2018 2024 a 7 /� 2019 // 2025 \ \ 7--- --- j/// 2020 j/// 2026 / // / 2021 j/ 2027 /% I j///' 2022 ..% 2028 t I 1 i ---,s,... ak.,,.e,.>...,_,..eiuurta eet.....,Pv.m„_20,an,;o.m;,hrze;e 118 BACKGROUND The area under consideration for street and utility rehabilitation is generally referred to as the North Park neighborhood. The area is residential in nature but includes some, commercial and higher density residential property. The area also includes the North Park Elementary School, and Good,News Hmong Baptist Church. The neighborhood is generally bordered by Matterhorn Drive to the east, Old Central/Highway 65 to the west, Hathaway Lane to the north and Interstate 694 Avenue to the south. Street segments selected for rehabilitation include: Street and utility improvements, including milling, bituminous asphalt overlay, pavement reclamation, drainage, water main, and utility repairs including the street segments as follows: Hackmann Avenue NE Central Avenue NE to Polk Street NE Hathaway Lane NE Polk Street NE to dead end 440 feet east Regis Drive NE Hathaway Drive NE to Regis Lane NE Regis Lane NE Regis Drive NE to Fillmore Street NE Fillmore Street NE Regis Lane NE to Lynde Drive NE Polk Street NE Hackmann Avenue NE to dead end 350 feet south Lynde Drive NE Central Avenue NE to Polk Street NE Central Avenue NE Lynde Drive NE to Hackmann Avenue NE Hillwind Road NE Lynde Drive NE to Matterhorn'Drive See Figure A in the Appendix for a map of proposed street construction. The street segments were built between 1965 and 1998. A majority of the streets last received a sealcoat in 2000, however a few were sealcoated as recently as 2012. Currently, the streets provide 2-way traffic with no shoulder striping. It is estimated that the average daily traffic ranges from 200 to 3380 vehicles per day based on observation and historical data of similar streets. The record pavement thickness ranges from 1.5 inches to 6.0 inches. The underlying aggregate base thickness ranges from 4"to 6" of Class 5 base. The street widths are 32 feet, with the exception of three segments which are 36 feet in width and Hackmann Avenue which is 40 feet wide. PROPOSED IMPROVEMENTS Overview The length of all segments included in this residential project area is approximately 1.5 miles. The work will include pavement resurfacing, water main replacement, and drainage improvements. 5 119 Pavement Resurfacing Rehabilitation of the streets will include asphalt reclaiming, asphalt paving, concrete curb repairs, and miscellaneous utility repairs. Damaged or settled concrete curbs will be replaced. Construction records indicate that some streets were found to have an adequate combination of aggregate base and asphalt and others found to have insufficient aggregate base and/or asphalt. Soils in the area are generally granular and provide for a stable sub-base. Geotechnical soil exploration is being performed to verify existing conditions and identify any soil correction needed. Staff recommends standard residential pavement and base rehabilitation consisting of full depth reclamation and topped with 3" of asphalt pavement. See Figure E in the Appendix for details of existing and proposed typical sections. Water Main Improvements Water main work will include replacing segments of 6". Staff has identified portions of Hackmann Ave, Regis Lane and Filmore Street where watermain needs to be replaced. This work will include replacement of the main, replacement and addition of valves on these lines. Existing valves within the project area will either be replaced, or repaired, and fire hydrants will be replaced with the project. The Engineering staff will consider allowing various material and installation options to minimize costs and disruption. Sanitary Sewer and Storm Sewer Repairs Sanitary sewer repairs will not be a part of the 2017 project. No defects were identified with the sanitary sewer system in this project area. Castings on the sanitary sewer manholes will be either replaced or reset as a part of the paving. Staff will provide inspection service on resident laterals to identify severe root intrusion at the main connection. Property owners have been notified and may coordinate with the Sewer Division to complete a video inspection of the service line. Excavations to repair and clean service laterals with severe root intrusions are born by the property owner, per City Code. Storm sewer repairs will include manhole and inlet adjustments and repairs. Catch basin structures are generally in good condition, but structures in the project area have been identified as requiring repair, and this work will be included in the project. Stormwater Quality Improvements The project area is not being considered for a major stormwater quality improvement as a part of this project. Residents in the area have been informed of the City's Raingarden program, and several have indicated interest. We will continue to work with residents, and install raingardens where appropriate, and beneficial. BASFU (biological soil infiltration unit) is a stormwater treatment facility that is located within the project area. It was constructed in the 1980's by the City and is no longer in 6 120 operations. Staff is talking with RCWD about the potential for a retrofit of this system, and expects it to be part of a future joint project between the watershed district and the City. ESTIMATED COSTS The project cost is estimated to be $1,177,000. These estimates include 10% contingency and overhead costs relating to technical services, printing, publishing, permit fees, etc. All costs are preliminary, but are expected to stay within the budgeted amount. Estimated costs of the project can be found on Figure B of the Appendix. FUNDING SOURCES Costs for this project will be paid using Minnesota State Aid System funding, utility enterprise funds, and special assessments. The street rehabilitation work is subject to special assessment; utility work is not proposed to be subject to special assessment. A preliminary project budget can be found in Figure C of the Appendix. Street Rehabilitation Funding The estimated cost of$583,000 for the City's pavement rehabilitation work will be funded using monies from special assessments and the City's Minnesota State Aid System account. The City will assess adjacent residential properties in accordance with its major street maintenance policy for local streets. These assessments will provide approximately$354,000 based on the full project scope. The following assessments are based on past history as applied by Council policies for Low Density Residential (single family, duplex). Using these past methods of calculating assessments, and considering our preliminary project budget, staff has estimated assessment of approximately$2,150 per unit for Low Density Residential properties. The remaining balance of approximately$229,000 for local street resurfacing will be reimbursed from the City's Minnesota State Aid System account. Water Main Improvements The estimated cost of$483,000 for upgrading the water main distribution system will be funded using monies from the Water Utility Fund. In 2017, $500,000 in funding is identified with in the CIP as a capital expenditure. Sanitary Sewer and Storm Sewer Repairs Utility funding will be applied to repairs to the Sanitary Sewer and Storm Sewer collection systems. General repairs are expected to be $85,000. 7 121 SUMMARY The work proposed for ST2017-01 Street Rehabilitation project is consistent with the City of Fridley's Long-Term Street Maintenance Program, 2017-2021 Capital Investment Program, and can be fully funded by its 2017 Budget. The project is cost effective, necessary, and feasible from an engineering standpoint as described in this report. The Engineering Department recommends that the City Council approve this project as presented. 8 122 APPENDICES 9 123 , , r ,/ /3711-2-1-,;iTzl------,-.-, (----1------, r---- -- , , / A., crp\ la Sit7 'tit? I 't 14::.ii 1_58.g.'' ' 12501 i - (--- , 1 „„,„ „„,. „„.. -„„„ / , 4,\ I I , . 1-: * / 1__ g86 : r2 1 -,, , — 51 i " / * C6 C6 411 1 1:* : C5' ° sou / 3 : •,,,z,, itc,,,,/,.;',„ ...)--..,\ 7,s,\ VA 1 km tAl v./ gi, I 1 a:35 , , ,,e' '<4:P„;; ‹,,,,,s,...\\,45/ \\TP\,___L°' t° "41 tsi f•'.' ----1 584.9 _ Fridley :9-06;. \ 2:2-4°1_11 556,8823-46:7._'-55----78:°: ' 1 /\.-7 4, v /<\\\AN 171\ 2017 Street A.-1p, o9 \ 4 ., ."1.0.4:\ \ ,,------ 5776 1 '4P\ *7, .5:ppi .5%,,Vitiet, \ Resurfacing - \lb tts\ Ii,,z .4... -.;?...„ ,, i 1.44 ..— 58718 i 6817 5760 I ' ,' 1080 ------ 5748 ST 2017-01 ttA "-v) z' \;') ,Ig = -t,i 1072 44 ,,t, r -3- i 0, Ni Ca i (...5_8_11 C) i '`v "4'i -t' 1 V36 , i 0 ,t .." LIs,,s+, .,, ts_N, d' C..1 i '''' ' ---- 5800 5801 5724 / 4„„,/ ., 41.,, a> -.1P 1064 /' '16 5712 5713 5700 571/ HACKMANN AVE NE ,- . 41":9171,4,001 /FrIrWiromr`u Mr' ' .41" ifir Air Al' 5695 5695 :dr tifitiOal ,..,ITV .,... A......._' " HATHAWAYiLN NE .- ,ir ,,,, , ra•_ Arzi,„ 567 4 vrizif .16- i.:-'rr.--yyrfozy,ffivr.4 r 4 1 , 40 A Autirr ., ...4 '''' 44.-..S .Iiik• ..... ... ... .... .. ... , At', Ar. 0. , .0,4 4 4 to _ 5680 56, 1 I AN91C4:KA _SW if,- 4VA/Ar A-A r 40" 4r Aura/- Alf, Arolteddad ' j.92 dr'r 56gs em r I la A id 141 .LYNDE•DR NEmisma El) , Tr", 569 Mr, F,F.trte) •.! g ra- ,, • 862 513121 4 „d A cr- 1"` I'''' OlfAr0 Ar fete, - ° ° ° 0 .e. 0vi- V. V. r se53 15, Arr .AMTA Prd40111'7' la/ 4.1 0 ., ,,m, 14 I rfmra crz 7 e4N I ,,, o3 5610 56 i 01042 a v' / Or L;14121",z, F79 tL) Y-r77:4-0 i="9 J1- 4 5565:17 5566:: 55:i r x7517'Iii 5575 tiltd f,A t'l 55 virm, cr t - 7,, , -17 „, 7' asso 5561 5570 56 -,.,. 441 jirdir is Et,8 a 6 2 174. ttm , mi.' A •....,;!, , 0 mg* • 21-r , 1...,:l. ,7_ a 0 4 r.-7,6,I 5540 I 6547 555° 66 ...o..,°,4 1 ri?- r Amu% dap .,...,..,.... 66 20 6531 5530 , 04,1;14,41 'Liflik47•r _Ir tio-A Fro,t1- 5617 5510 ,55 t t2g8 ....u,..o. ..1011" VP• 'r-,0" f.r, .' 5503 5500J REGIS LN NE ' A.j,-0,• 3V7 r r/AAPn_ A..e.470i,P," d7d 4 ff 5490 Mk(WIND 14)NE 4r#400f70,74, 6460 :• '' Ar 4OP 41, 4, 5430 ( i 5400 240 120 0 240 480 mlEmilow Minnomimim V - . 1200 1230 1 1260 I 1290 , 1300 I ' 1 ..- 1 t Water Main Replacement 5376 "Cal i35713 i 74 gi/imilm Streets to be Resurfaced 111 3 " ; 5368 1259 1289 ; I 543k v. , Parcels to be Assessed Fridley Pubic Worts .. Frilley GIS , , 1'12;8 r...,1 I Parcels to be Notified , Yap Dar; 10/26121:116 ' ' C , poi NI IT., iv. 5316 C' , - i 12651 7:g roi r Ikft 'is. 0 .-. 1,,, , , ,, , .. --t- , 1 r... ; ra I v- 1 rs. 10 f V. ,,,,.....,, ' --' tit ir, gig ! "41411:41;tiglgi'ni ' ,I1 g 5300 ''i , 0.34pj 124. ...„ .4„. , „,„,__L= .117_1_7___LV....L s--- i rt..- —1 1 1 I ? , 1 1 1 4012 4,100 , so r------pa------i r"---T-----1 r------vr--I , ,„ ,.......--, i Figure B = Engineer's Opinion of Probable Cost ST2017-1 STREET REHABILITATION PROJECT 9/23/2016 JXL MnDOT UNIT EST.TOTAL EXTENDED NO. DESCRIPTION UNIT_ COST QTY COST _Schedule A-Streets 2021.501 Mobilization LS $ 100,000.00 0.5 $ 50,000.00 2101.502 Remove Tree EA $ 450.00 8 $ 3,600.00 2101.507 Grub Tree EA $ 450.00 8 $ 3,600.00 2104.501 Remove and Dispose of Abandoned Natural Gas Mainline LF $ 5.00 1500 $ 7,500.00 2104.501 Remove and Dispose of Abandoned Natural Gas Serv.Line LF $ 6.00 400 $ 2,400.00 2104.501 Remove Concrete Curb&Gutter LF $ 7.00 1139 $ 7,973.00 2104.501 Remove Concrete Valley Gutter LF $ 8.00 100 $ 800.00 2104.505 Remove Bituminous Driveway SY $ 6.00 300 $ 1,800.00 2104.505 Remove Concrete Driveway SY $ 14.00 50 $ 700.00 2104.513 Sawcut Bituminous Pavement (Full Depth) LF $ 4.00 1367 $ 5,468.00 2105.501 Common Excavation-Haul Excess Reclaim Off Site (P) CY $ 15.00 230 $ 3,450.00 2105.507 Subgrade Excavation (EV) CY $ 20.00 155 $ 3,100.00 2112.501 Aggregate Base Preparation (P) _ STA, $ 300.00 8 $ 2,400.00 2215.501 Aggregate Base,Class 7 Full Depth Recycled Production (P) SY $ 1.30 2744 $ 3,567.20 2232.501 Mill 2"Bituminous Surface-Full Width SY $ 1.00 33042 $ 33,042.00 2231.502 4"Bituminous Patch w/8"Class 5 Aggregate SY $ 75.00 127 $ 9,525.00 2331.603 Bituminous Joint Saw&Seal LF $ 5.00 1100 $ 5,500.00 2357.502 Bituminous Material for Tack Coat GAL $ 4.00 2150 $ 8,600.00 2360.501 SP12.5 2" Wear Course SPWEB34OR TN $ 70.00 3635 $ 254,450.00 2360.501 SP12.5 1.5' Wear Course SPWEB34OR TN $ 70.00 227 $ 15,890.00 2360.502 SP12.5 1.5"Non Wear Course SPNWB330B TN $ 70.00 227 $ 15,890.00 2505.602 Adjust Gas Valve Box EA $ 500.00 8 $ 4,000.00 2531.501 Concrete Curb&Gutter Design B618 LF $ 20.00_, 1139 $ 22,780.00 2531.507 6"Concrete Driveway Pavement SY $ 50.00 50 $ 2,500.00 2531.603 Concrete Valley Gutter 36"Wide _ LF $ 30.00 100 $ 3,000.00 2563.601 Traffic Control LS $ 9,000.00 1 $ 9,000.00 2574.508 Fertilizer (Type 3)(300 LB/AC) LB $ 2.00 100 $ 200.00 2574.525 4"Select Topsoil Borrow (CV) CY $ 45.00 100 $ 4,500.00 2575.501 Seeding AC $ 6,000.Q0 0.2 $ 1,200.00 2575.502 Seed (25-151)(120 LB/AC) LB $ 4.00 20 $ 80.00 2575.562 Hyrdaulic Soil Stabilizer (2100 LB/AC) LB $ 3.00 300 $ 900.00 2582.501 24"Stop Line White:Epoxy SF $ 30.00 64 $ 1,920.00 2583.501 Turn Arrows White:Epoxy SF $ 325.00 52 $ 16,900.00 2584.501 Pavement Message White:Epoxy SF J 25.00 48 $ 1,200.00 2582.502 4"Solid Double Line Yellow:Epoxy LF $ 3.50 1344 $ 4,704.00 2583.502 4"Solid Single Line White:Epoxy LF _ $ 9.00 140 $ 1,260.00 2582.502 4"Broken Line Yellow:Epoxy LF $ 3.50 645 $ 2,257.50 SPEC Repair/Replace Pet Fencing and Irrigation System LS $ 3,000.00 1 $ 3,000.00 SPEC 3"Bituminous Driveway W/6"CL 5 Aggregate SY $ 40.00 150 $ 6,000.00 SPEC Misc Items LS $ 5,000.00 1 $ 5,000.00 Subtotal $ 529,656.70 5%EnglAdm $ 52,965.67 Schedule A-Streets Total $ 582,622.37 lchedule B-Sanitary Sewer 2021.501 Mobilization LS $ 5,000.00 1 $ 5,000.00 2506.521 Furnish and Install Casting(MH) EA $ 800.00 10 $ 8,000.00 2506.522 Adjust Existing Casting EA $ 500.00 15 $ 7,500.00 Subtotal $ 20,500.00 5%Contingency And 5%EnglAdm $ 2,050.00 Schedule B-Sanitary Sewer Total $ 22,550.00 125 Figure B ® Engineer's Opinion of Probable Cost ST2017-1 STREET REHABILITATION PROJECT 9/23/2016 JXL MnDOT UNIT EST.TOTAL EXTENDED NO. DESCRIPTION UNIT COST QTY COST Schedule C-Storm Sewer 2021.501 Mobilization LS $ 100,000.00 0.1 $ 10,000.00 2104.509 Remove Casting EA $ 150.00 10 $ 1,500.00 2506.521 Furnish and Install Casting(MH) EA $ 800.00 5 $ 4,000.00 2506.521 Furnish and Install Casting(CB) EA $ 850.00 5 $ 4,250.00 2506.522 Adjust Existing Casting , EA $ 500.00 10 $ 5,000.00 2506.603 Reconstruct MH Rings(extra depth) LF $ 260.00 5 $ 1,300.00 2563.601 Traffic Control LS $ 1,500.00 1 $ 1,500.00 2573.53 Storm Drain Inlet Protection EA $ 180.00 41 $ 7,380.00 SPEC Line Drainage Structure Rings EA $ 2,000.00 15 $ 30,000.00 SPEC Rain Garden EA $ 5,000.00 3 $ 15,000.00 Subtotal $ 79,930.00 5%Eng/Adm $ 7,993.00 Schedule C-Storm Sewer Total $ 87,923.00 Schedule D-Water Main 2021.501 Mobilization LS $ 100,000.00 0.4 $ 40,000.00 2104.501 Remove Curb&Gutter LF $ 7.00 500 $ 3,500.00 2104.501 Remove Concrete Valley Gutter LF $ 8.00 50 $ 400.00 2104.501 Remove Existing Service LF $ 15.00 214 $ 3,210.00 2104.505 Remove Bituminous Driveway _ SY $ 6.00 200 $ 1,200.00 2104.505 Remove Concrete Driveway SY $ 14.00 100 $ 1,400.00 2104.509 Remove Curb Stop and Box EA $ 200.00 14 $ 2,800.00 2104.509 Remove Existing Gate Valve EA $ 500.00 8 $ 4,000.00 2104.509 Remove Existing Hydrant&Gate Valve EA $ 1,000.00 5 $ 5,000.00 2104.513 Saw Bituminous LF _ $ 4.00 1426 $ 5,704.00 2105.601 Dewatering LS $ 15,000.00 1 $ 15,000.00 2231.502 4"Bituminous Patch w/8"Class 5 Aggregate SY $ 75.00 742 $ 55,650.00 2503.603 F&I 6"Watermain FPVC(Pipe Burst Installation) LF $ 65.00 1780 $ 115,700.00 2503.603 F&I 4"Watermain FPVC(Pipe Burst Installation) LF $ 65.00 433 $ 28,145.00 2504.601 Temporary Water Distribution System , LS $ 20,000.00 1 $ 20,000.00 2504.602 Connect to Existing Service 1"Cu EA $ 450.00 14 $ 6,300.00 2504.602 Connect to Existing Water(Includes Excavation Pit) EA $ 2,000.00 8 $ 16,000.00 2504.602 F&I 1"Corporation Stop EA. $ 450.00 14 $ 6,300.00 2504.602 F&I Curb Stop EA $ 375.00 10 $ 3,750.00 2504.602 F&I 6"Gatevalve EA $ 2,300.00 8 $ 18,400.00 2504.602 F&I Hydrant w/6"GV Assbly EA $ 6,000.00 5 $ 30,000.00 2504.602 Remove&Replace GV Box Top Section&Cover (Incl.adj.) , EA $ 450.00 8 $ 3,600.00. 2504.603 F&I 1"Water Service (TYPE K COPPER) LF $ 35.00 214 $ 7,490.00 2504.608 Fittings LBS $ 10.00 250 $ 2,500.00 2531.501 F&18618 Curb&Gutter , LF $ 20.00 500 $ 10,000.00 2531.507 F&I 6"Concrete drwy w/4"Sand Base SY $ 50.00100 $ 5,000.00 2531.603 Concrete Valley Gutter 36"Wide LF , $ 30.00_ 50 $ 1,500.00 2563.601 Traffic Control LS $ 10,000.00 1 $ 10,000.00 2574.508 Fertilizer (Type 3)(300 LB/AC) , LB $ 2.00 100 $ 200.00 2574.525 4"Select Topsoil Borrow (CV) , CY $ 45.00 50 $ 2,250.00 2575.501 Seeding AC $ 6,000.00 0.04 $ 240.00 2575.502 Seed (25-151X120 LB/AC) LB $ 4.00 50 $ 200.00 2575.562 Hyrdaulic Soil Stabilizer (2100 LB/AC) LB $ 3.00 95 $ 285.00 SPEC 3"Bituminous Driveway W/6"CL 5 Aggregate , SY $ 40.00 200 $ 8,000.00 SPEC Misc Items LS _$ 5,000.00 1 $ 5,000.00 Subtotal $ 438,724.00 5%EnglAdm $ 43,872.40 Schedule D-Water Main Total $ 482,596.40 Grand Total(A+B+C+D) $ 1,175,691.77 • 126 Figure C - Funding Sources ST2017-01 Street Rehabilitation Project JXL Estimated 2017 Budgeted No. Description Amount Amount 1 Special Assessments* $354,000.00 $560,000.00 2 Water Fund $483,000.00 $500,000.00 3 Sanitary Sewer Fund $23,000.00 $40,000.00 4 Storm Water Fund*** $88,000.00 $80,000.00 5 MSA Funding $229,000.00 $210,000.00 Grand Total $1,177,000.00 $1,390,000.00 Special Assessment Breakdown Assessments LDR Single Family 99 x $ 2,150.00 = $212,850.00 Non-LDR Commercial 4276 x $ 33.00 = $141,108.00 LDR Total $353,958.00 Assessment Grand Total $353,958.00 *Note that Special Assessments amounts are a calculated need for Estimated Amount, based on the project estimate, and the Budgeted Amount is calculated based on the project scope and property information. ***Excludes possible outside funding for area water quality treatment. 127 Figure D - Project Schedule ST2017-01 Street Rehabilitation Project JXL The tentative schedule for this project is as follows: PRELIMINARY ACTIVITIES Project Open House:% October 25, 2016 Preliminary Assessment Hearing: January 9, 2017 DESIGN AND SUBMITTALS Agency Submittals Complete: December 2016 Design Completed: January 2017 LETTING, AWARD, AND CONSTRUCTION Resolution Advertising for Bids: January 2017 First Advertisement for Bids: January 2017 Bid Letting: February 2017 Contract Award: March 2017 Begin Construction (earliest): April 2017 Complete Construction (deadline): September 2017 FINAL ACTIVITIES Final Assessment Hearing: October 2017 Certified Assessment Roll Complete: November 2017 Note: subsequent activities may be influenced by changes in schedule of previous activities. 128 S.A.P. 127-321—XXX, S.A.P. 127-357—XXX S.A.P. 127-357—XXX, S.A.P. 127-351—XXX S.A.P. 127-350—XXX (MSA M&0) 50'-60' VARIES 32' - - v niE 2W — — — — �rwmmw 6618 CAG 7W. PROPOSED r MILL&OVERLAY � EXISTING SECTION (NTS) :�,.: .� 4"-11" BITUMINOUS -� 0"-6" CL V. AGG. SUBGRADE VARIES HATHAWAY LANE — POLK ST. TO REGIS DRIVE LYNDE DRIVE — HILLWIND RD. TO POLK ST. POLK STREET — LYNDE DR. TO HACKMAN AVE. REGIS DRIVE — REGIS LN. TO HATHAWAY LN. REGIS LANE — REGIS DR. TO 155' WEST OF MATTERHORN DR. S.A.P. 127-338—XXX (MSA M&O) 1 60' I I I VARIES 32' VARIES--� 6618 CAG 7YP. PROPOSED r Adm. OVERLAY �� EXISTING SECTION (NTS) `,ea 6"-9" BITUMINOUS 5" CL V. AGG. 12" GRANULAR SUBGRADE HILLWIND ROAD — MATTERHORN DR. TO LYNDE DR. S.A.P. 127-321—XXX I (MSA M&0) 80. I I 1 E1 HVARIES—� 3r 1 I - 66,8 CAG 7YP. PROPOSED r MILL&OYQLLAY _ `��` EXISTING SECTION (NTS) et 4" BITUMINOUS 8" CL V. AGG. SUBGRADE HACKMANN AVENUE — 173' EAST OF CENTRAL AVE TO POLK ST. DATEt NOV. 2016 FIGURE E-1 NOT TO SCALE TYPICAL SECTIONS 129 DRAWN BY' RRS LOCAL STREETS 1 M&0 I50'-60' 1 1 1-VARIES 33 I I 33' [.-VARIES --i t "' 1 1 I SURMOUTABLE C&G ZET O1IAY Jo, \ MODIFIED S-518 EXISTING SECTION (NTS) ��.A.� i' 4.5"-5" BITUMINOUS � 4" CL V. AGG. 6" CL 4 STABILIZING BASE REGIS LANE - FILLMORE STREET TO REGIS DRIVE LOCAL STREETS RECLAIM I 50' I I 1-I 35• v.RIES-I 11- 8818 C&G TYP. PROPOSED SECTION (TITS) „Irilk EXISTING SEC110N (NTS) 1 1/2"gnome e BAR COURSE ""`� � �� 2" BITUMINOUS 1 1/2"SNR183308 NON NEAR COURSE r 0i� AGGREGATE BASE(RECLAIM) /, 4 4" CL V. AGG. SUBGRADE POLK STREET - 350' SOUTH OF LYNDE DR. TO LYNDE DR. LOCAL STREETS IRECLAIM I I-vAl s 36' 1 1- VARIES1 II = f _ — ' - - - - _ 1 8818 C&G TYP. PROD SECTION (ANT'S) ��II\ EXISTING SECTION (NTS) 1 1 NO/2"SPNVB33013 ON C"� �` 3.5" BITUMINOUS AGGREGATE BASE ±fiUR COURSE n 4" CL V. AGG. SUBGRADE FILLMORE STREET - REGIS LANE TO 468' NORTH DATE! NOV. 2016 FIGURE E-2 TYPICAL SECTIONS NOT TO SCALE 130 DRAWN BY, RRS T AGENDA ITEM (1' `'n COUNCIL MEETING OF Fridley DECEMBER 12, 2016 APPOINTMENT TO COMMISSION Environmental Quality and Energy Commission Term Expires: April 1, 2020 131 JJFr1d1e) AGENDA ITEM CITY COUNCIL MEETING OF y DECEMBER 12, 2016 INFORMAL STATUS REPORTS 132