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y CITY COUNCIL MEETING OF JANUARY 8, 2018
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)
CONFERENCE MEETING (6:00 p.m.)
1. Fridley Community Center Update
2. City Manager's Agreement
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of December 11, 2017 1 - 5
City Council Meeting of December 18, 2017 6 - 37
NEW BUSINESS:
1. Resolution Designating Official Depositories
for the City of Fridley 38 -40
2. Approve Contract for Towing, Impounding and
Storage of Motor Vehicles between the City of
Fridley and Schmit Towing, Inc. 41 -48
FRIDLEY CITY COUNCIL MEETING OF JANUARY 8, 2018 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Approve 2018 City Council and Staff Appointments 49
4. Claims (ACH PCard 1712; 179232-179405) 50 - 80
5. License —Temporary On-Sale Intoxicating Liquor 81
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes
ADOPTION OF AGENDA:
NEW BUSINESS:
6. First Reading of an Ordinance Amending Fridley
City Charter, Chapter 7. Taxation and Finances 82 - 114
7. Resolution Approving the Revised Investment
Policy for the City and the Fridley Housing and
Redevelopment Authority 115 - 128
8. Resolution Approving the City of Fridley Procurement
Policy for the City and the Fridley Housing and
Redevelopment Authority 129 - 143
9. Resolution Designating the Fridley Sun Focus
as the Official Newspaper of the City of Fridley
for the Year 2018 144 - 146
10. Informal Status Reports 147
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 11,2017
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m.
ROLL CALL: Mayor Lund
Councilmember Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: Wally Wysopal, City Manager
Darcy Erickson, City Attorney
Scott Hickok, Community Development Director
Shelly Peterson, Finance Director
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of November 27, 2017.
APPROVED.
NEW BUSINESS:
1. Received the Minutes from the Planning Commission Meeting of November 15,2017.
RECEIVED.
2. Final Plat Request, PS #17-04, by Fridley Land LLC to Replat the Lot North of 4800
East River Road, to Allow Further Redevelopment of the Property. This Replat will
Create Two New Industrial Lots;
and
Resolution Approving Final Plat, P.S. #17-04, by Fridley Land LLC, to Allow Further
Redevelopment of the Properties Generally Located North of the Property 4800 East
River Road N.E. (Ward 3).
APPROVED FINAL PLAT REQUEST, PS #17-04 BY FRIDLEY LAND, LLC, AND
ADOPTED RESOLUTION NO. 2017-65.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11,2017 PAGE 2
3. Resolution Certifying Final Tax Levy Requirements for 2018 to the County of Anoka.
ADOPTED RESOLUTION NO. 2017-66.
4. Resolution Adopting a Budget for the Year 2018 and a Revised Budget for the Year
2017
ADOPTED RESOLUTION NO.2017-67.
5. Resolution Confirming the Statutory Level of Tort Limits.
ADOPTED RESOLUTION NO.2017-68.
6. Approve Change Order No. 1 for Oak Glen Creek Pond Expansion Project No. 17-446.
APPROVED.
7. Approve Change Order No. 2 for Main Street Trail Project No. ST2015-021
APPROVED.
8. Claims 178919- 179012
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the Proposed Consent Agenda as presented.
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.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11,2017 PAGE 3
PUBLIC HEARING:
9. Consideration of Text Amendment, TA #17-02, by the City of Fridley, to Amend
Fridley City Code, Section 205-30 0-5, Telecommunication Towers and Facilities
District, to Accommodate Recent Legislative Changes Related to Small Wireless
Installations in the Right-of-Way
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:09 P.M.
Scott Hickok,Community Development Director, said he would present Item Nos. 9 through
12 together. In October, 2016, a text amendment was approved to this code section to allow
small cell technology within the right-of-way provided certain conditions could be met. The
City was proactive by creating its own set of regulations, because we were getting requests from
telecom users to locate their equipment in the right-of-way which was not allowed at the time.
Mr. Hickok stated the wireless telecommunications industry has since lobbied for legislation to
make it easier for them to locate their facilities within the public right-of-way as quickly and
inexpensively as possible. As a result, the legislature has created standard regulations for cities
that address small wireless facilities in state law and there are limits on local governments'
abilities to regulate them. Small wireless facilities are now defined in statute. Previously, there
was no universal definition, so the City developed its own. Other definitions were added that
were created by new legislation.
Mr. Hickok said the legislation makes all small wireless facilities in non-residential districts
permitted uses and allows cities to make small wireless facilities in residential districts special
uses. City staff has developed further criteria for both permitted and special uses and separated
the provisions for non-residential and residential installations in the code.
Mr. Hickok noted the legislation allows installation of small wireless facilities on city utility
poles and places restrictions on the amount of rent and other fees that cities may impose. The
ordinance needed to reflect this right which is $150/year for rent to occupy the space, up to
$25/year for maintenance associated with the space occupied, and a monthly fee for electricity, if
not purchased directly from the utility. The legislature created a unique application processing
that permits multiple installations to be included on a single application, as well as a special
timeline for processing these applications that needed to be included in the City's ordinance.
There can be up to 15 locations on 1 permit. It does not follow the typical 60-day timeline for
land use items; instead 90 days is allowed. This technology will be allowed through the issuance
of a city right-of-way permit and/or a building permit. The technology is needed in high
coverage areas; shopping malls, hospitals, etc.
Councilmember Bolkcom asked if residents would see something different in their
neighborhood.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11,2017
PAGE 4
Mr. Hickok replied that staff does not want to see the right-of-way cluttered with devices.
There would be a 6-cubic foot maximum for equipment, and the devices are small. The
equipment below grade cannot be more that 28-cubic feet. Other devices would be mounted on
existing non-ornamental light poles; limited to one every 900 feet or two blocks.
Councilmember Bolkcom noted that this is a short timeline and we are not recreating anything;
she asked if other cities were doing this.
Mr. Hickok replied that there is a powerful lobby to help industries deploy these small cell
devices. This is not specific to Minnesota but to other states as well.
MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:26 P.M.
NEW BUSINESS
10.First Reading of an Ordinance Amending Fridley City Code, Section 205.20. 0-5,
Telecommunications Towers and Facilities District to conform to Recent Legislative
Enactments Related to Small Wireless Deployment.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11.First Reading of an Ordinance to Repeal Chapter 407 of the Fridley City Code, and
Enact a New Chapter of the Code of Ordinances to administer and Regulate the Public
Right-of-Way in the Public Interest and to Provide for the Issuance and Regulation of
Right-of-Way Permits and to Amend Chapter 11 to Reflect New Fees for Small
Wireless Facilities in the Public Rights-of-Way
MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12.Resolution Approving a Standard Small Wireless Facility Collocation Agreement.
MOTION by Councilmember Barnette to adopt Resolution No. 2017-69. Seconded by
Councilmember Varichak.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11.2017 PAGE 5
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Reports
Scott Hickok, Community Development Director, stated that the last piece of the structural steel
the new building is going in December 12. Those involved with planning and process of getting
the building going will sign this last piece of steel. It will be painted a different color and a
Christmas tree will be on the top until Christmas.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE MEETING ADJOURNED AT 7:30 P.M.
Respectfully submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor
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CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 18,2017
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:07 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
Deb Skogen, City Clerk
Shelly Peterson, Finance Director
James Kosluchar, Public Works Director
Brad Sielaff, Fridley Lions
Pam Reynolds, 1241 Norton Avenue N.E.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Fridley City Code, Section 205.20, 0-5,
Telecommunications Towers and Facilities District to Conform to Recent
Legislative Enactments Related to Small Wireless Deployment; and
Adopt Official Title and Summary Ordinance.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1350 ON SECOND READING AND ADOPTED THE OFFICIAL TITLE AND
SUMMARY ORDINANCE AND ORDERED PUBLICATION.
2. Second Reading of an Ordinance to Repeal Chapter 407 of the Fridley City Code,
and Enact a New Chapter of the Code of Ordinances to Administer and Regulate
the Public Rights-of-Way in the Public Interest and to Provide for the Issuance and
Regulation of Right-of-Way Permits and to Amend Chapter 11 to Reflect New Fees
for Small Wireless Facilities in the Public rights-of-Way; and
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 2
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1351 ON SECOND READING AND ADOPTED THE OFFICIAL TITLE AND
SUMMARY ORDINANCE AND OREDERED PUBLICATION.
NEW BUSINESS:
3. Resolution to Approve an Agreement with the Minnesota Department of
Transportation to Provide for a Delegated Contract Process.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Resolution Designating Precincts and Polling Locations for the 2018 Election Year.
ADOPTED RESOLUTION NO. 2017-71.
5. Resolution Approving the 2017 Gifts, Donations and Sponsorships to the City of
Fridley.
ADOPTED RESOLUTION NO. 2017-72.
6. Claims (179013— 179231)
APPROVED.
7. Licenses.
Wally Wysopal, City Manager, these have already been administratively processed and
approved and are presented for public acknowledgment.
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom requested that the Item No. 3 be removed and placed on the regular
agenda.
MOTION by Councilmember Barnette to adopt the proposed consent agenda with the removal
of Item No. 3. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 3
OPEN FORUM, VISITORS:
No one from the audience spoke.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 3
and also additional Item Nos. 7A and 7B. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
7A. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise
Permit for Fridley Lions at Fridley American Legion Located at 7365 Central
Avenue NE and Two Stooges Sports Bar and Grill Located at 7178 University
Avenue NE.
Deb Skogen, City Clerk, stated the Legion and the Fridley Lions submitted two premise permit
applications and the premise lease for lawful gambling at the American Legion and at Two
Stooges Sports Bar and Grill. In 2016, the American Legion's gambling manager embezzled
some funds. The American Legion has been working with the State of Minnesota to get those
funds paid back.
Ms. Skogen stated the agreement reached with the State was that the Legion's license would be
suspended for January and February 2018 which would leave the Legion and Two Stooges
without charitable gambling at those two locations. The Fridley Lions talked with the Fridley
Legion and Two Stooges. They have both signed a lease agreement to allow the Fridley Lions to
conduct charitable gambling at those locations during that time.
Ms. Skogen stated the State does not issue temporary licenses, they issue perpetual licenses.
The lease agreement does allow for the Fridley Lions, the Legion, or Two Stooges to give a 30-
day written notice if they would like their lease to stop. The American Legion's current license
would still be in effect after their suspension and they could continue conducting lawful
gambling. If things did not work out with the Lions, Two Stooges could give the Lions a 30-day
notice and go back to the American Legion. If they did not want to go back to the Legion, they
would have to terminate that lease with the American Legion.
Ms. Skogen said they are asking Council to support a resolution in support of the licenses for
each location so they can take this to the Gambling Control Board, expedite the process, and try
to have a license effective January 1, 2018.
Councilmember Bolkcom referred to the third paragraph of the memo they received. She asked
if the American Legion and Two Stooges have to give the City some type of notice they are
discontinuing it.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 4
•
Ms. Skogen said the lease agreement allows for the organization or establishment to provide a
30-day written notice that they want to terminate the lease. They would not need to come back
to the City Council to ask that the lease be terminated.
Mayor Lund stated it is a standard contract, 30-days' written notice. Either party can sever the
contractual relationship.
Councilmember Bolkcom asked who is telling the City that is what is happening.
Mayor Lund stated the request originated from the American Legion to allow the Lions to
operate in those two facilities. Once in operation, a 30-days' written notice can be provided by
either party. He asked if the suspension for the American Legion was for two months.
Ms. Skogen replied yes, it was for two months. They were hoping for a temporary license to the
Lions during their suspension.
Mayor Lund stated it does not matter, because it is a permanent license that can be severed at
any time. A year from now, two months from now, etc. This is just asking the Council to allow
the license to occur. Nobody is coming in tonight to cancel a contract or walk away from it.
Ms. Skogen stated the Legion is asking someone to come in temporarily to provide the gambling
services while their license is suspended. The state does not provide for a temporary license, but
the lease has a termination clause allowing for the contract to stop after a 30-day written notice
by either party.
Councilmember Bolkcom stated and they do not have anyone from the American Legion at the
meeting because they do not need anyone from the American Legion to tell them that.
Ms. Skogen replied no, there was no one from the Legion; however Mr. Sielaff was present from
the Fridley Lions.
Brad Sielaff, Fridley Lions, said they would be stepping in so the Legion and Two Stooges can
continue to have charitable gambling. They have had a short period of time to get this together,
but he thought they could do it. After Ms. Skogen signs the state paperwork tomorrow, he will
bring it to the Gambling Control Board. The Board has assured him they should be able to
expedite the application and have it ready by January 1. The larger issue for him is the upfront
work done by the Lions to get everything going by January 1.
Mr. Sielaff stated they are a service organization and this is an important part of their mission to
do something like this. They are here to help the community and to help keep people employed.
Councilmember Varichak asked if the Lions will run the establishment or just oversee the
gambling.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 5
Mr. Sielaff replied he plans on utilizing existing staff so they can continue to be employed. He
will be gambling manager. The assistant gambling manager would have additional duties for
doing all of the paperwork, and making sure the taxes get paid. They are going to have to order
games through their license. The Legion will remove all of their games during their suspension
and the Lions will have games. The paperwork will have to have Fridley Lions listed and
include its gambling number. Deposits will be going into the Lions account, and they will be
paying rent to Two Stooges and the Legion like they do for all their facilities.
Mayor Lund said,just to be clear, when they are talking about paying rent to the establishments,
they are talking about the cost of rent for their charitable gaming booth space. There is no issue
with the two facilities or establishments. They are not in any trouble.
Councilmember Bolkcom stated the resolution before them tonight does not say it is temporary.
What they are saying is the State allows the City to do this as a temporary thing. The City would
anticipate that if it goes back to the American Legion, the lease will be terminated and there
would be another resolution before Council in March.
Ms. Skogen stated the license they have currently is a perpetual license. Their license is only
being suspended, it is not being revoked. There would be nothing for them to bring forward to
the Council for action. The state does not allow for a temporary license. They would have to
provide notice of cancellation of the lease February 1 so the Legion could take over their
responsibilities on March 1.
Councilmember Bolkcom asked why Council would not see something.
Mayor Lund stated the contract is between the charitable gaming organization and the
establishment. In this case the Fridley Lions Club and the businesses, the American Legion and
Two Stooges. The City does not have any part of that contract. In a couple of months if they
decide to sever their contractual obligations, they do that internally, between themselves, as the
contract calls for a 30-day written notice.
Darcy Erickson, City Attorney, stated Council is actually approving the State Gambling Board
premise permit application to allow them to go into that location.
Ms. Skogen stated, yes, a resolution is part of the license application for a premise permit.
Councilmember Bolkcom stated they are only approving that they support they have a premise
permit but then at some point it just becomes null and void if the Legion provides notice.
Attorney Erickson replied, if the lease gets cancelled, they have no right to conduct the lawful
gambling at that location any longer.
MOTION by Councilmember Saefke to adopt Resolution No. 2017-73, in Support of an
Application for a Minnesota Lawful Gambling Premise Permit for Fridley Lions at Fridley
American Legion located at 7365 Central Avenue NE. Seconded by Councilmember Bolkcom.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 6
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom Adopting Resolution No. 2017-74 in Support of an
Application for a Minnesota Lawful Gambling Premise Permit for Fridley Lions at Two Stooges
Sports Bar and Grill Located at 7178 University Avenue NE. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
7B. Approve a Revised Construction Cooperation Agreement with Metropolitan
Council Environmental Services for Restoration of Community Park.
James Kosluchar, Public Works Director, stated staff received word from Met Council that a
prior agreement that had been approved by Council was preapproved by Met Council today.
Knowing that time is of the essence with this agreement and a reimbursement that is due to the
City of Fridley, he wanted to bring this forward.
Mr. Kosluchar stated on June 12 the City approved an agreement with Met Council and it was
because of the construction that occupied some of Community Park. At that time staff was
presented with a draft agreement. Staff presented it to the Council for approval.
Mr. Kosluchar stated the agreement allows some restoration activities to take place either by
City staff or with contracted help, and the Met Council would reimburse the City for that. There
are also some improvements that are in lieu of occupation of the park.
Mr. Kosluchar stated after Council approved that agreement, staff presented it to the Met
Council who said its attorney looked at it and revised a few sections, and City staff talked with
Attorney Erickson who reviewed the document and virtually got everything changed back. He
would like to walk through the changes with them.
Mr. Kosluchar stated on page 1 of the Agreement, Section 1, under "Scope." The Met Council
had asked for a change there, and basically its format for this Agreement is for contract work
only. The City did some in-kind work and so they wanted to make sure that was reimbursable
under the Agreement. Section 1 under "Scope," had changed, and Attorney Erickson asked Met
Council to change it back, and they did.
Mr. Kosluchar stated as to Section 5, Met Council added a header. Basically the phrase,
"Additional Provisions to be Included by a City" was added. On page 4 of the Agreement, the
workers' compensation section was moved from a paragraph earlier in the Agreement. Also, the
termination language in Section 17 was added so either party can terminate within 90 days. He
thanked Attorney Erickson for her help. It is substantially the same agreement Council approved
with the changes he outlined. If approved they can invoice the Met Council and try to get
payment by the end of the year.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 7
Councilmember Barnette referred to page 1, under "Background Recitals," Item No. 2, to
restore the baseball field to exist or in better conditions. It sees to him there was some discussion
because that is Fields 5 and 6 which are not heavily used anymore that it could possibly be a
relocation of the soccer fields. Would this take away that option?
Mr. Kosluchar replied, no, it would not. They talked about that option early on with the Parks
and Recreation staff, and it was determined this was not the right time according to make that
change. The fields were retrofit.
Councilmember Bolkcom stated the work is already done.
Mr. Kosluchar replied, the work is done. It was done between the original contract approval
and this one.
Councilmember Bolkcom asked Attorney Erickson if it was the same contract with a few
changes.
Attorney Erickson replied, yes, but the contract that was originally approved by the City
Council allowed for self performance by the City. The contract that came back to Mr. Kosluchar
and herself eliminated that. The Met Council has now agreed to self-performance.
MOTION by Councilmember Saefke to approve the Revised Construction Cooperation
Agreement with Metropolitan Council Environmental Services for Restoration of Community
Park. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
8. Consideration of an Ordinance Amending Fridley City Charter, Chapter 7,
Taxation and Finances.
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Barnette.
Pam Reynolds, 1241 Norton Avenue, requested the ordinance be read in full, as allowed by
Chapter 3 of the City Charter and provided a copy of that Chapter to the Council.
Mayor Lund stated he knows that is permissible if Council requests it but is not sure if it is
permissible if asked for by a member of the audience.
Attorney Erickson stated,yes it does say a councilmember or resident.
Councilmember Bolkcom asked Ms. Reynolds if there is a reason why she is asking for this.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 8
Ms. Reynolds said for two reasons: (1) the Charter says she can ask for it to be read, and (2) so
she is clear on what is being changed. She has the documents but has some questions. It is a
lengthy document and she did not have time to check it, but she would like it read out loud.
Ms. Skogen stated she has a pretty thorough power point explaining what the changes are to
each section.
Councilmember Bolkcom stated it has to be read once there has been a request to do so.
Attorney Erickson stated this is her first experience with the City's Charter on this request.
Ms. Skogen asked what the date is on the Chapter 3 language provided by Ms. Reynolds.
Attorney Erickson said April 28, 2014. She does not know if it has been updated. She thinks
the language about the request by a resident has to be carried through.
Ms. Skogen requested to go back and review the chapter.
Attorney Erickson stated they are in legislative format. So there is an understanding of what is
being removed and what is being added. Typically you would indicate that because there are
strikeouts for deletions of the text and underlining for addition of text.
Mayor Lund stated there is no problem with reading the ordinance. He asked if Ms. Reynolds
which version she wanted read. He said the one Council is looking at has the corrections in it.
Attorney Erickson replied, her interpretation would be if you are reading the ordinance that is
being presented, you have to acknowledge what is being removed and what is being added.
Councilmember Bolkcom asked when it comes before them from the Charter Commission, they
cannot change it until there has been a public hearing.
Ms. Reynolds replied,to make any changes to it, it has to go back to the Charter Commission.
Councilmember Bolkcom asked Ms. Reynolds if she saw it at the Charter Commission, why is
she saying they already changed it. They cannot change it until it comes before them at a public
hearing. If they did want changes, it would go back to the Charter Commission.
Ms. Skogen replied yes.
Ms. Reynolds said she still wanted it read.
Councilmember Saefke stated the Charter Commission recommended an amendment by
ordinance on November 6th to the City Council that would bring Chapter 7 current with today's
laws and accounting standards and practices.
Ms. Skogen stated she reviewed the Charter and Ms. Reynolds is correct that a Councilmember
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 9
of resident may request it be read. However, they are not here holding a first reading tonight,
they holding a public hearing to introduce the ordinance. They will go through each section. If
she wants it read in full, they can certainly do that.
Mr. Wysopal stated Section 3.04 of the Charter does say that every ordinance and resolution be
presented in writing and shall not be read in full unless requested by a councilmember or a
Fridley resident at the meeting in which it is introduced before the vote is taken thereon. What
Deb Skogen is pointing out gives the ability to either read it tonight, but they could probably be
requested to read it again another time. It may be beneficial for all of them, including the
Charter Commission member who is here tonight, to hear the presentation that Ms. Skogen has
presented. It may answer some of the questions and clarify things that are unclear in
Ms. Reynolds' mind right now.
Attorney Erickson stated she would concur with what Mr. Wysopal said and that the request for
the reading can be interpreted to be only at which a vote is being taken. However, as
Mr. Wysopal correctly points out, they may be asked to do it at the next reading anyway.
Mayor Lund stated they can delay that until the next meeting when they are actually going to
take action on it. Tonight is a public hearing.
Attorney Erickson stated if Council is so inclined, there is no formal action vote being taken.
They are opening and closing a public hearing. She does not believe Ms. Skogen has queued it
up for a first reading.
Ms. Skogen stated tonight is a public hearing to amend Fridley City Charter Chapter 7, Taxation
and Finances. The Fridley Home Rule Charter is the fundamental law defining the powers the
citizens agree to give the City. The City Commission is comprised of 15 court-appointed
citizens who meet about eight times annually to discuss and refine the Charter in response to the
needs of the community.
Ms. Skogen stated Minn. Stat. § 410.12, Subd. 7, allows for the Charter amendment by
ordinance upon recommendation of the Charter Commission. It requires a notice of public
hearing and publication, a full text of the amendment, at least two weeks prior to the public
meeting.
Ms. Skogen stated on November 6th the Charter Commission recommended the amendment by
ordinance to the City Council. On November 13th the City Council scheduled the public hearing
for tonight. On November 24th the proposed ordinance was published in full in the City's
official newspaper.
Ms. Skogen stated the Charter Commission has discussed and reviewed Chapter 7 extensively
over the past two years in light of budget concerns and current accounting standards and
procedures.
Councilmember Bolkcom stated they did open the public hearing and waive the reading yet.
Did they have a vote? They did make a motion.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 10
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED
AT 7:42 P.M.
Mayor Lund stated if Ms. Reynolds wants to, when this comes up for an action item at a future
Council meeting, she can ask it to be read if she so deems it necessary.
Ms. Skogen stated the Charter Commission discussed this extensively over the last two years.
These amendments are required to correct inconsistencies with Minnesota state law and
generally accepted accounting standards and procedures known as GAAP.
Ms. Skogen stated in Section I, Section 7.02, Power of Taxation. It places the recycling fees
under "fees that does not include", so it is similar to utility fees. It removes specific statute
numbers and references state law. It simplifies language and adds a sentence stating a non-fee
shall cover the cost of service and anticipated future costs.
Ms. Skogen stated in Section II, Section 7.04, Preparation of Budget, specific detailed
information on how the process was done was removed while providing enough detail so that the
preparation of the budget would be easily understood. The language is consistent with the
League of Minnesota Cities budget guidelines and other city charters.
Ms. Skogen stated in Section III, Section 7.06, Enforcement of Budget, the language was
simplified and clarified as to whom is responsible for enforcing the budget and references the
budget resolution.
Ms. Skogen stated in Section IV, Section 7.07, Alterations in the Budget, it creates additional
reference to the budget resolution. It removes duplication to make the language easier to
understand. It brings language of Charter up-to-date to other city charters.
Ms. Skogen stated in Section V, Sections 7.10, Tax Settlement With County and 7.11,
Disbursements How Made, that these sections are both outdated. In Section 7.10 the County
follows their own mandates, and it is not necessary to include them in the charter. As to the
Disbursement section, it does not follow the State auditor guidelines or GAAP. Both sections
are recommended to be deleted.
Ms. Skogen stated in Section VI, Section 7.12, Funds to be Kept, this section was renumbered to
7.10. The language was modified to match state auditor guidelines and GAAP to help follow
one standard consistently instead of two or three different guidelines. It creates new language
and removes the detail and specifies classification of funds required by law, ordinance, or
resolution.
Ms. Skogen stated in Section VII, 7.13, Receipts to go to City Treasurer, the language is
outdated and is being deleted. The County is responsible for providing these funds collected to
the City in accordance with state law.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 11
Ms. Skogen stated in Section VIII, Section 7.14, Accounts and Reports, this section is
renumbered to Section 7.11. The paragraph has been redefined and updated using state statute as
authority on financial report and publication.
Ms. Skogen stated in Section IX, Section 7.15, Bonded Debt and Debt Limit, this section was
renumbered and retitled to Section 7.12, Indebtedness. State law is more restrictive than the
City's charter when defining bonding. This section was amended and now references state law,
and provides all the information that they need for bonding.
Ms. Skogen stated in Section X, Section 7.16, Form and Repayment of Bonds,the State provides
for the form and repayment of bonds. This section was deleted and a new section was created.
The section that was created, Emergency Debt, was placed at the end of Chapter 7.
Ms. Skogen stated in Section XI, Section 7.17, Debt and Tax Anticipation Certificates, this
section was renumbered and retitled Section 7.13, Tax Anticipation Certificates. It creates and
deletes language to bring consistency and reference to state law.
Ms. Skogen stated in Section XII, Section 7.18, Bonds Outside the Debt Limit, to remain
consistent and update the Charter, this section is being deleted. This section was redundant and
is now addressed in new Section 7.12. By removing this language, this allows the City to follow
the state law.
Ms. Skogen stated in Section XIII, it creates new language so it is now 7.14, Emergency Debt
Certificates. The language is not required to follow State law, but the commissioners felt it was
important to include as it provides additional information on how to bond in an emergency.
Ms. Skogen stated after the public hearing the proposed amendment requires a first and a second
reading and a unanimous vote of the City Council to become adopted. A first reading could take
place January 8 and a second reading on January 22, 2018. If the vote is unanimous, the
ordinance would become effective 90 days after publication which would be May 16, 2018. A
lot of research and discussion has gone into this Charter amendment. It was a continuation of
their discussion from the ordinance that was adopted in July on the tax levy. This is just a
continuation of that discussion. Staffs recommendation is the City hold a public hearing and
take testimony from the public.
Ms. Skogen stated Shelly Peterson, Finance Director, was very instrumental in helping with this
and could possibly answer some questions as well.
Mayor Lund asked Ms. Peterson if she had anything to add at this time or is she just here for
questions?
Shelly Peterson, Finance Director, replied, she is here for questions and also wanted to add that
with these significant amendments to this chapter, staff is developing policies which are more
internal policies. The Council would adopt several of them by resolution. Staff plans on coming
forward in the first month of next year with some written policies that detail the payment
process, purchasing, and investments. Staff is working on a thorough update of all the policies.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 12
Councilmember Bolkcom referred to page 101, the top section, and read the sentence, "No
officer or employee of the City shall place any orders or make any purchases except for the
purposes and to the amounts authorized in the budget resolution." She asked whether this does
not apply if there is a change order in something or if it is to prevent someone from going out
and buying an extra plow or something like that.
Ms. Peterson replied that is correct. This will all be laid out in the purchasing policy the
Council will see at the first Council meeting in January. This is to protect the City from a
purchase that is not something that was not intended in the general budget, and there will be
approval processes for certain thresholds.
Councilmember Bolkcom asked if it is fair to say, under Section 7.07, Alterations in the
Budget, it says, "to increase the amounts therein fixed in the budget resolution. . . ." She is
thinking about items like where they have a street project or something that they have a set
amount or an estimate in the City budget, it comes forward, and then they have change orders
and would go beyond that cost.
Ms. Peterson replied when the capital improvement plan is approved and those budgets are
established, for example in the street funds, if the project is going to result in the overall budget
going over, they would be notified of that during that change order process. Otherwise change
orders are part of a contract amount.
Councilmember Bolkcom asked so what Ms. Peterson is saying is if the change orders go
beyond $200,000 and it is $50,000 beyond that, that would have to come before the Council
before those change orders could actually take place?
Ms. Peterson replied correct. If the City is amending a contract and it is coming back to Council
as a change order, they would receive it as a change order for approval.
Councilmember Bolkcom referred to page 105, paragraph 2, stating, "The Council by a vote of
at least four (4) of its members may authorize issuance of bonds to provide funds for any public
purpose not prohibited by law. The City Council may at its discretion, by a majority vote of all
its members, submit to the electorate propositions for the issuance of such bonds. When such a
proposition is submitted to the electorate, no bonds or other term obligations of the City may be
issued except pursuant to a favorable vote of a majority. . . ." She does not understand that.
Ms. Peterson replied that is something the Charter Commission put into this chapter to allow the
Council the opportunity to bring something to the voters if they chose to do so. There are certain
bonds that require that. For example, a community center would require a vote. However, this is
giving the Council the discretion to decide.
Councilmember Bolkcom stated so it is not saying that they have to go, it gives the City
Council the opportunity to bring it forward if they feel strongly about something.
Ms. Peterson replied correct.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 13
Councilmember Bolkcom referred to page 106, under Section 7.13, stating "In a manner
consistent with Minnesota state law, at any time after January 1, following the making of an
annual tax levy, the council may issue certificates of indebtedness in anticipation of the
collection of taxes. . . ." and goes on to say beyond April. She asked what is the timing in that
whole piece there because it says that "not later than the 1st day of April of the year following
their issuance. . . ." If it is issued in June of 2018, is that saying that it has to?
Ms. Peterson replied correct. What that is saying is because the City gets its tax settlements in
two installments, if the City is in a situation where it does not have the reserves to fund day-to-
day operations, the City is allowed to take an anticipation note with the intention it would be paid
with future tax settlements. Hopefully this will never have to happen.
Councilmember Bolkcom asked if it is saying such certificates shall be issued on such terms
and conditions as the Council may determine but they shall become due and payable no later
than April of the next year because if it was something the City did in June, it would be getting
some money in October after the City's second payment from the County; but it would happen
before the next one the City gets probably in May or July. When does the City get that?
Ms. Peterson replied the payment would come at the end of June. This section was something
the Commission wanted to leave in, but it is all defined under state statute as a form of bonding
and it is laid out the same way statute references it.
Councilmember Bolkcom stated they are not doing anything different than what is in state
statute.
Ms. Peterson replied that is correct, it is all defined in state statute.
Councilmember Bolkcom referred to page 107, under Emergency Certificates, she asked
whether this is basically saying they need at least four members of the Council. If there is an
emergency situation where the City needs to have a debt certificate, it has to have at least four
votes. How is this changed?
Ms. Peterson replied this too is a section that is also a debt covered under state statute but the
Commission wanted this language to remain. The wording is consistent with state statute. If
there is an emergency the City can borrow funds and then recoup through levy the following
year.
Councilmember Bolkcom asked if this is what is in state statute now. At some point do some
of these things they are putting in, even though they are State statute, would have to continue to
change this if the state statute related to these changes?
Ms. Peterson replied yes; however, those are the two sections the Commission felt they wanted
to keep in the chapter. The City's bond counsel's recommendation was to omit the language
because it is redundant and covered under state statute. However, if the Commission felt they
needed to be in here that would be fine. The City just needed to refer to its bond counsel to
ensure there are not changes to the law.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 14
Councilmember Bolkcom asked how City staff would watch for state law changes. If the state
statute would change would the City have to revise the language?
Ms. Peterson replied yes, they could revise the language. Something similar happened with the
City's capital improvement plan bonds where the rules within the charter were not consistent
with state law. Staff did an exercise of testing both the charter and the statute and found the
statute was more restrictive. The City would follow whatever is more restrictive but, whenever
the City is issuing bonds, it has bond advisors and bond counsel that review and compare the
City Charter and state statute and would recommend any needed changes to the Charter
Commission.
Ms. Reynolds stated she has several questions. Her observation, after watching the discussion,
is that the City's Charter is designed to tell our government what powers the citizens wish them
to have and how they wish them to operate the government. A lot of the changes to Chapter 7
now reference state statute. Fridley is not a statutory city. Fridley's Charter can be more
restrictive than state statute but not less restrictive. She understands this. Part of the reason she
wanted read is because some of the language being crossed out is indeed more restrictive. She
will point out as she goes through.
Councilmember Bolkcom asked Ms. Reynolds to restate her sentence.
Ms. Reynolds stated some of the original language is more restrictive. The citizens in the
language are saying this is how we want it done. This is what we want covered which is
perfectly legal under Minnesota statutes regarding charters. We can be more restrictive. The
citizens can say, you have to spend money this way, you have to do it this way.
Councilmember Bolkcom stated she wanted to clarify what Ms. Reynolds is saying and asked
what citizens she is was talking about?
Ms. Reynolds replied the citizens who originally approved the Charter and approved it over and
over.
Mayor Lund stated let us go on with Ms. Reynolds' points she wants to make. They should
clarify Ms. Reynolds is a member of the Charter and has been for many years.
Ms. Reynolds replied yes, she is a Charter Commission member.
Mayor Lund stated these are recommendations that have been recommended to the City
Council after they have spent a couple of years on it.
Ms. Reynolds replied they did not spend a couple of years on it. It was brought forward by staff
in a pre-prepared form. They looked at it and by May they had completed the section that
allowed the increases for the levy. Then they were presented in May with this section, rewritten
by staff, the Charter Commission wordsmithed it. She was not at the meetings in September,
October, and November due to medical issues. But she has been following the minutes from the
Charter Commission and basically they read it and said, okay, this is fine.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 15
Mayor Lund asked Ms. Reynolds if she does not concur with the majority of the Charter
Commission members?
Ms. Reynolds replied, she concurs with some of this language changes. Some of it she does not
understand the need to change it.
Ms. Reynolds referred to Section 7.02, moving recycling fees from paragraph A to paragraph B.
She brought this up at a Charter Commission meeting in May or April. Her personal opinion
when you move recycling fees from A to B, you now make recycling a voluntary thing. Here is
why. She controls her utility charges by how much water she uses. Park and Recreation
participation fees. Unless she participates, signs up for a process, she does not get charged for
that fee. Charges for photocopying. Unless she asks you to photocopy something, she does not
get charged. Recycling on the other hand is required. It is not really, but it is a compulsory fee;
therefore, it is almost like a tax. When you take it out of the control you have to raise it by 5
percent and then 3 percent, you are putting it, in her opinion, into a voluntary situation.
Mayor Lund asked Ms. Reynolds if her concern is not that the City has the ability to raise that
fee, but that City is now making it not mandatory.
Ms. Reynolds stated they are now making it so that she would certainly test that you cannot
charge her for a service she is not using.
Ms. Peterson stated recycling is mandated by State law and that the County provides some funds
for recycling. It is not mandated that she, Pam Reynolds, recycle. When you move it down to
the voluntary fees, now you are making it, in her opinion, a voluntary payment.
Councilmember Bolkcom stated she does not see anything about voluntary there.
Ms. Reynolds replied read them. Are any of those demanded of her? Does she have to do
those? She does not. She has control over whether she pays for these.
Ms. Reynolds referred to Paragraph C where it says, "All fees and other charges referenced in
section B above shall be designed to cover the cost of the service and anticipated future costs."
Again, when it comes to recycling, Minn. Stat. § 115, states the County is responsible for making
sure funding is available to meet their goals to do these things. She does not have a problem
with cost of service, she has a problem with anticipated future costs. Ms. Skogen referred to
something as a non-fee in her presentation.
Ms. Skogen replied, for recycling fees. Section C does not refer to recycling. It is for new fees.
Any new fee that the City would want to provide.
Ms. Reynolds stated she also wonders if by moving it, the City is not creating a new fee.
Ms. Reynolds stated Section 7.04, paragraph 2 is eliminated which talks about salary detail shall
show a list of all salaried officers. She understands removing the detail may have to do with
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 16
some privacy stuff. She asked whether the three top paid salaries will still be published per State
statute if the City changes this language.
Ms. Skogen stated it is required and believed they have it posted the top three salaries on the
City's website. They would just continue to do it,they would just not detail the salaries.
Ms. Skogen stated the budget document used to provide more detailed salary information but
due to HIPPA laws and data practices, some of the information remains public. That is one of
the reasons for elimination of this text.
Ms. Reynolds stated in 7.06 they are removing the language that says, "The City Manager shall
not approve any order upon the City Treasurer for any expenditure unless an appropriation has
been made in the budget, nor for any expenditure covered by the budget unless there is sufficient
unencumbered balance. . . ." She asked if that meant Mr. Wysopal can now look at the budget
and say, well, we have $60,000 in that fund so I can spend it on this or is he still required to
follow what that money is supposedly spent for?
Ms. Reynolds stated in Section IV, Section 7.07, "Alterations in the Budget Be Hereby
Amended as Follows:" again it says, "Council may at any time, by resolution passed by a vote of
at least four (4) members of the Council, reduce salafies—ofthe sums appropriated for any
purpose by the budget resolution. . . ." Why is "salaries" crossed out? Does that mean in a
situation you could not say, okay, we have to reduce these salaries or is that because it falls under
Wally Wysopal's administrative duty?
Ms. Reynolds stated in Section 7.10, the entire section is being removed. She understands they
cannot dictate to the county what they have to do but because this document is what the citizens
look at as how things are done, is there not a need to say that the county sends the money into the
City's bank account or something twice a year so they know where the money is coming from.
As a commissioner on the Charter, part of their goal is to make the language more
understandable. In eliminating language, maybe it needs to be clarified to understand it.
Certainly removing a whole lot of it made it less understandable for someone who flips onto the
website and says, oh, here is the Charter, let's see what it says. They are going to look at it and
go, really, where do they get their money because it does not say.
Ms. Reynolds stated in Section 7.12. Funds to Be Kept, will now be 7.10. The new language is
well and good. She would question why they are removing the definition of each of the funds
the money is going into. She believes it is important so the public knows where the money goes,
how it is divvied up. She does not think there is anywhere else where they are going to find this
information if the amendment takes it away.
Ms. Reynolds stated Section 7.13 is eliminated. Again, where is it replaced? How does
someone know where it goes or to who it goes to? That is why this is in here.
Ms. Reynolds stated in the new Section 7.11, her question based on what is marked out,
especially the section that says, "The City Manager shall submit to the Council a statement each
month showing the amount of money in the custody of the City Treasurer, the status of all funds,
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 17
the amount spent or. . . ." Her question in a nutshell is, does this remove the Council from
having to approve the monthly expenditures and will it remove the claims from the agenda as
well as from the Council's requirement to approve it?
Ms. Reynolds stated in Section X, Section 7.16. "Form and Repayment of Bonds". She
understands state statute does those things differently, but felt the previous language that was
being eliminated was more restrictive than state statute.
Ms. Reynolds stated in Section XI, Section 7.17, Debt and Tax Anticipation Certificates, the
language from the original Section 2 talks about 40 percent. The new language of 90 percent,
comes from State statute. She felt 40 percent would certainly be more restrictive. For
clarification of the 90 percent, this is January 1. She does not know when the City gets money
from the County, but she thought it got it in January and July. If January 1 the City has not
gotten the check, that means the City can start the process to take 90 percent of the 100 percent
they owe the City or 90 percent of the first 50 percent payment?
Ms. Reynolds stated Section XII is being eliminated, Bonds Outside the Debt Limit. This
section is more restrictive in that it gives specifics of what they can be issued for as opposed to
just following statute. Does the state statute give that information? Is the existing language
more restrictive and if eliminated, then where is the language where the subject of what it can be
used for is where it addresses it. Is that in state statute? If she wanted to see what the City could
spend money on, she would go to the Charter. It pretty much looks like they can spend it on
anything they want. Then she has to figure out what the state statute is that goes to it.
Ms. Reynolds stated the Charter Commission agreed in September to the state statute references.
She is wondering if that needs to be part of the ordinance. They agreed that the statutes would be
referenced at the end of the chapter. These are from the packet of September 15. She does not
know if it needs to be in the ordinance or if it can be added at the end because it was for the
purpose of being able to research the changes. Originally the document that came from staff
listed the actual chapter and verse, but the Charter Commission has always shied away from
putting the actual chapter and verse in, in case it changes. It just says, state statute.
Ms. Skogen said she did not include the references to state statute because they were referring to
state law and not specific statutes. She did not want to include it in the ordinance, but it would
be included as an attachment for reference in the Charter when this chapter is prepared so it can
be changed should state law be changed. She thought that was the best way to handle it but if
attorney Erickson thinks that should be different.
Ms. Peterson said the Commissioners actually asked that it not be provided as part of the
ordinance so it would be timeless and that you would not have to come back and change a
chapter.
Ms. Reynolds asked whether that was at the November meeting because she does not have those
minutes yet. In the October meeting it was not there.
Ms. Skogen said she was not sure.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 18
Mayor Lund stated staff should prepare a response to the questions.
Councilmember Bolkcom stated it can be accepted into the record at the next meeting.
Mayor Lund asked when the next Charter Commission meeting was.
Ms. Skogen replied January 2nd.
Mr. Wysopal stated he wanted to point out as well that the entire ordinance as it was proposed
was available on November 13th.
Councilmember Bolkcom stated the City Council received the recommendation on November
13th when they adopted the resolution to schedule the meeting.
Mr. Wysopal said the entire ordinance was published in full in the City's official newspaper as
required by state law.
Mayor Lund asked if the Council wants to entertain a motion to close the public hearing with
the knowledge that Ms. Reynolds has brought a number of questions where answers would be
given to her in writing, or continue the hearing to the next meeting?
Councilmember Bolkcom stated they just have not done continued the hearing in the past.
Ms. Skogen believed the only requirement is the publication of the public notice. If they were to
continue the public hearing, that would still allow them to continue that process and hold the first
reading at another time.
Mayor Lund stated he did not know if they have any deadline to meet other than Ms. Peterson
indicated that staff wanted to bring some other policy things up in January. That can still occur
in January.
Ms. Peterson stated they do have one policy that needs to come to the first Council meeting per
the City's auditors' request.
Councilmember Bolkcom stated it would not really matter either way because the first reading
is at their first Council meeting in January with a second reading at a following meeting. There
has been a lot of discussion on the Charter Commission level. Why not just continue it, they will
get the answers back to everyone, and it can be read into the record at the next meeting.
Mr. Wysopal asked a question to Ms. Skogen and Ms. Peterson, if they provided a
substantiation for the changes that were being made during the presentation. Did the things they
identified in their substantiation address many of the questions Ms. Reynolds has?
Ms. Peterson replied, she was willing to answer Ms. Reynolds' questions tonight because they
were all questions brought up during the Charter Commission's meetings.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 19
Councilmember Saefke stated he is okay if she is prepared.
Councilmember Bolkcom stated no matter what you read there is always some interpretation.
But to say the public wants certain things, she thinks they are getting that. They have a Charter
Commission that has the discussion and goes through all this and brings it back to the City for
the opportunity to have a public hearing. People can watch this meeting and read the minutes
from here to understand what transpired. They can read the Charter Commission minutes.
Anyone who might have questions why something has changed.
Ms. Skogen stated it is important to remember the Charter was adopted in 1957. There were
several changes that have been made throughout the years. Most of the time it was dealing with
the changes to state law. When preparing the budget, they found the Charter does not match
what they should be doing. That is why these recommended changes came forward.
Mr. Wysopal stated it is perfectly fine for them to address the questions tonight. He asked when
the Charter Commission began working on Chapter 7.
Ms. Skogen replied two years ago when they started talking about the tax levy. Staff brought
those changes earlier this year. They continued the discussion on modifying and updating the
language because of the problems they faced in that the charter did not necessarily meet the
guidelines. Staff did a lot of research to find out what other cities were doing, what the League
required, what was required for state and federal generally-accepted accounting practices.
Mr. Wysopal stated it was early in the budget process that all of the inconsistencies with state
statute and general accounting practices were brought to the attention of the Charter
Commission, correct?
Ms. Skogen replied that is correct.
Mr. Wysopal asked if it was the Charter Commission who chose to deal with the levy issue first
and then defer, because of the time commitment it took to address all the items in Chapter 7. He
asked if all of the meetings were public, if the public was notified on the website, and if the
Charter Commission was meeting to have these discussions?
Ms. Skogen replied that is correct. If anybody wanted to review any of that information it is
available on the website as well as in the City's document center. All of the information is
available to the public.
Mr. Wysopal stated it would be perfectly fine to have staff answer as many questions as they
can tonight. It is also important to note, as they have told the public, that this is a process that
has been going on for over two years. He said the continued reference that the Charter can do
things more restrictively than state statute may be correct except for certain circumstances when
it is told that it has to done a certain way. For that he would like to have attorney Erickson
provide a reference because many of the questions Ms. Reynolds was raising were in this context
that the Charter can be more restrictive. His first response is they are reacting to what the
Charter Commission asked them to do as a City Council. If that is what the Charter Commission
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 20
is asking them to do, then they should take a look at that. As far as being more restrictive, it is
the legality that needs to be addressed as well.
Attorney Erickson said what Mr. Wysopal pointed out is correct. There are instances where a
charter may be more restrictive than state law, but the charter is always subject to state law. To
the extent that the City has a charter and is operating under it, it always has to frame its charter to
be consistent with and in harmony with state law. You cannot, if it is more restrictive, still do
something that is illegal. To the extent the state has preempted an area, perhaps taxation or land
use planning and the like, there is that type of preemption; and the statutes require the City to do
things and proceed in a certain manner, then the charter cannot conflict with that. That is
important to keep in mind and keep this conversation in context with that caveat.
Ms. Reynolds stated the Charter Commission, although they have been reviewing Chapter 7 for
two years, did not work on this particular set of language for two years. This language was
brought to them and they did not discuss these changes before them tonight. They were given to
them in May. September was the first meeting where they discussed them. October they
discussed a few more things. If you read the minutes, there is not a lot of input by the Charter
Commission. By November they had voted to bring them to the City. They do not meet in June,
July, August or December. They have May where they had a meeting to bring the City the
language for the first section so they could increase levies. September, October, November —
three months reviewing the language that had been brought forward by City staff. She went back
in the minutes. She found nothing where the Charter Commission requested staff to bring them a
rewritten document. State statute has no provision for staff to write the amendment.
Mayor Lund stated he likes to think this is a partnership.
Ms. Reynolds stated she is fine with a partnership, but does not want anybody to believe for one
minute that the Charter Commission, and, yes, she is a member, came up with the idea. It came
to them in a completed document and they were told to go through it. See if there is anything
you do not like.
Mayor Lund asked Ms. Reynolds if she was implying it was a railroaded job and you can take
as much time as you wanted on this?
Ms. Reynolds stated she is implying they did not spend two years working on it. Staff may have
but the Charter Commission did not.
Mayor Lund stated they are all aware the Charter Commission meets eight times a year and not
all year long. He does not think if the Charter Commission was not ready to take a vote on these
items they would have, but that is entirely their prerogative. He said if staff is ready to answer
the questions Ms. Reynolds proposed, they can start with Section 1 under 7.02, she was
concerned about moving the recycling fees.
Ms. Peterson stated the staff was directed to prepare a memo identifying inconsistencies
between state law and the charter. That memo, dated May 8th, was sent to the Charter
Commission for their meeting on May 15th. She has a copy of that memo she can provide
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 21
Council. She knows it is also in the Commission records. That is when city staff was instructed
to come back with draft on how they envisioned certain sections to look The Commissioners
were directed to review the information and provide concerns or questions to staff over the
course of the summer.
Councilmember Bolkcom asked whether this was any different than any other amendments that
have come forward; because of course both Ms. Skogen and Ms. Peterson have some
background related to state statutes and they work every single day with them. So is it fair to say
the Charter Commission would like to and want that help. As a City Council member the staff
spends a long time on ordinances, and they look them over and ask questions. She depends upon
staff and she does not feel at all anyone is telling them they have to do something. The
information staff gathers for them is very beneficial for them. She asked if is this is any different
than how they would handle some of the ordinances that would come before Council or changes
in ordinances, etc.
Ms. Skogen replied it was no different. Like Ms. Peterson said, she provided a memo showing
what the inconsistencies were. The Charter Commissioner asked City staff to put together an
ordinance in draft form to review the changes. Staff prepared a draft ordinance as well as a clean
one so they could look at that and see how it would read as a final. And that was at the Charter
Commission's direction, not City staffs direction. That is no different than any of the other
amendments that have been proposed by the Charter Commission.
Ms. Peterson stated the first question brought up, recycling, and why they were moving it from
(a) to (b). The reason it was moved down into the other section, which falls in line with utility
charges, it is not a tax that is applied to every resident of the City. Everyone is required through
their garbage hauler she believed to pay for recycling whether they use it or not. The City has
chosen to have a hauler provide that service to 12 multi-units or less. It is something charged to
every residential customer who meets that criteria. It is similar to utility charges and, whether
you use the water or not, there is still a fee you are required to pay. There is a base charge that is
required no matter what.
Ms. Peterson said Ms. Reynolds referenced Minn. Stat. §115 for recycling. She is not familiar
with that statute but understands it references the county provide some aid for recycling or solid
waste abatement. That anticipated future costs addition to that was more in regards to capital
and infrastructure within the utility funds. A perfect example is the City has established some
utility rates looking ten years out at the capital that is necessary to fund the utility funds. That
was not incorporated specifically for recycling, that was more to become clear on how utility
rates would be established.
Ms. Peterson said Ms. Reynolds was correct in that staff did move out the detail from being
something that was required regarding salaries and benefits and a lot of that has to do with
HIPAA and privacy; however, the City is required by law to publish the top three paid
employees, which has nothing to do with the budget process. That is a separate statute which the
City needs to comply with. As far as salary detail and what is required here, that is all available;
and the Commission did ask those questions in the meeting — well, how do you determine the
salary budget — the City has very detailed documents that determine the salaries that it
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 22
establishes and provides in a formal document as a general salaries and wages figure. They
consolidate it all. That was the reason it was simplified in the charter language.
Ms. Peterson stated the next question, Section 7.06, in the enforcement of the budget, because
they removed salaries from that section, could Wally just spend extra as he sees fit? What that
means is it gives the City Manager the flexibility he needs in the budget. Rather than having
salaries be pulled out separately, there are often times where the City may have a budget for
professional services for a project. The utility meter change out project is an example where
temporary staff was a lot less expensive than had the City contracted that project to be done. It
allows the flexibility within the budget to determine, do I have a salary savings here, is it a better
option to go with a consultant or doing things in-house. That was merely the reason they pulled
that out to provide more discretion to the City Manager on the budget as a whole.
Ms. Peterson stated in Section 7.10, removing this section on the City dictating when the county
gives it the levy. The question was, "why can't we just include it to be transparent to the
taxpayers in the charter?" She is leaving that up to the Council as to what they feel needs to be
included in here. In the other examples staff looked at and what they know about law, they just
felt it was not necessary in this. She does not know if this charter is meant to be a tool to lay out
exactly when tax settlements come in and how they come to the City, but it did not seem
necessary for them to put something in there that the City really does not have any control over.
It is the state statutes and the county's requirements that the City follows.
Ms. Peterson stated in Section 7.12, Funds to be Kept, why don't they just leave those in there?
A perfect example is the whole financial statement was revamped many years ago changing fund
classifications, fund broad category types. It even changed the definition of fund balance for
some of the funds. They are now fund equity. The proposed amendments is make the charter
more consistent with other charters and to follow the state auditor's recommended chart of
accounts requirements and federal accounting principles, rather than listing them specifically. If
a new fund type is required of us, this document becomes outdated. That is why staff just
referenced the City's accounting standards and state auditor requirements.
Ms. Peterson stated Section 7.13 was removed. Receipts to go to the City Treasurer. What they
were finding in other charters is this language was not included. It talks about all monies
received from the county treasurer. Again it is something where the county will give the City the
money based on the laws they need to follow, so staff recommended omitting that language.
They had also wanted to follow state statutes and audit requirements with how they handle funds.
They are required to designate a depository. They have to follow all these things under state law.
It is similar to when they make a payment, the rules they need to follow this is when they receive
payments. Therefore, they are recommending that section be removed.
Ms. Peterson stated there was question on reporting, Section 7.14, which is now 7.11. She did
not believe what was stricken had anything to do with the specific claim detail that is provided to
Council. This is more general reporting of where the City's cash, expenditures, and revenues
are. Staff has made this at the discretion of the City Manager or at Council's request. This is
saying rather than the Council getting a report monthly, if they want a report the City Manager
can provide it to them or, if he feels he would like to provide something to the Council to keep
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 23
them informed, it would be in the format staff or he feels is beneficial. The claims are still
required to come to Council and that is required by state law.
Ms. Peterson stated in Section 7.16 they removed the dead debt in the form and repayment of
debt. If it is more restrictive, why is it not just left in there? The City has to follow the debt laws
and so if a certain type of bond has a certain requirement for how it is to be paid, the City needs
to follow the law of the bond. If you choose to leave that in there it may be superseded by law.
The City's bond counsel reviewed the changes and felt it was all encompassed in the state law
regarding bonds.
Ms. Peterson stated Section 7.17, which is now 7.13, whether the 90 percent is for the full year
or just the first half? She would have to ask the bond counsel on the specifics regarding those
tax anticipation notes as to what the definition of that 90 percent means. When she reads it, it
almost looks as if it is total current taxes which would mean the first half of the year. It was
brought up the City receives a tax settlement in January and April and actually do not receive the
first half settlement until the end of June and then again in December.
Ms. Peterson stated if bonds outside the debt limit is more restrictive, that is also something that
falls within the bond statutes and the City's bond advisor has reviewed this whole section. An
example would be, if it is to be paid with utilities, it is outside the debt limits, which is a state
debt limit established. Even if the City's charter were more restrictive, she believed the City
would follow state statute; but that would be something she can ask the City's bond counsel if
they like.
Ms. Peterson stated the Commission had requested the list of state statutes be removed from the
ordinance because they were too specific and they wanted to keep it a timeless document. They
would be placed in the Charter in a manner that statute numbers could be changed if necessary.
Mayor Lund asked if the amendment had to go back to the Charter Commission if they make
any changes to this. The reason he asks is the one thing when they were talking about the 90
percent, he thought maybe there could be some other wording that might clarify that 90 percent,
whether it is for the whole year or for that six months. He would think that is just some
clarification or wordsmithing. He hates to drag on the process, the City got the recommendation
from the majority of the commissioners on the Charter Commission, and he is a little bit
reluctant to send it back to them just for a little bit of some clarification.
Councilmember Bolkcom stated is not this information related to that one — what was
recommended from the bond counsel? Does it make sense instead of saying, lets wordsmith it,
find out what the actual verbiage is they are recommending and if this is it, it maybe just needs to
be explained to them just like lots of other things when she first reads it.
Mayor Lund agreed if they wanted clarification on the two issues, they could get that wordsmith
from bond counsel and should it be incorporated. His question was, do they have to take this
back to the Charter for their stamp of approval for any language change at all?
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 24
Ms. Skogen replied, at this time she would have to look at the statute. She is not sure if they
would but she can certainly find out.
Councilmember Bolkcom stated that is the case in the past. If they are recommending this that
is in front of them and, they wanted to change it, it had to go back to them. That is how she
remembers it.
Councilmember Bolkcom stated going back to the whole thing about being more restrictive, she
referred back to Attorney Erickson's comment where the City can put anything they want to
think it is really restrictive but, if it is against state law or statute, it does not fly. Is that fair to
say?
Attorney Erickson replied, if it conflicts with state law it is ineffective. As to the bonding
purposes, counsel would have to address that; but as a general matter the City cannot contradict
state law or the constitution. It just results in the provision being ineffective.
Mayor Lund stated quite frankly he has seen this on a number of occasions when issues have
arisen that they have not been really sure at times, okay, which one takes precedence or
whatever. They are reading in the Charter one thing, State law says a different way, when it
came to voting and what is counted and what is not. It seems there have been issues in the past
that have arisen. It has been kind of conflicting or confusing to say the least.
Mayor Lund stated he is more apt to approve the ordinance the way it is written because it has
seen quite a bit of review. It is not as long as some might have suggested. He does not think
there was any push from the Charter Commission.
Councilmember Bolkcom stated it is a public hearing tonight so the first reading does not come
before them until the next meeting. If there are questions related to some of those issues, they
can go back to bond counsel and ask if that is where the verbiage is coming from.
Ms. Peterson stated when the City's bond counsel reviewed that section of the Charter
amendment, the section the Commission wanted to leave in giving the Council the authority to
go to a vote if they choose to, that certain bonds do not allow that. That would be a perfect
example of where law would supercede, and you may not have a choice in the matter and you
may not be able to bring a bond no matter what to vote, depending on what that bond is. They
should always seek counsel when the City borrows.
MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember
Varichak.
Councilmember Bolkcom stated it seems staff has answered the questions that were brought
forward by the public and any questions Council had. She thought they should continue the
public hearing but she does not feel the need for it at this point. They have had a lot of great
discussion.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 25
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT
8:53 P.M.
NEW BUSINESS:
9. Resolution Receiving Report and Calling a Hearing on Improvements for West
Moore Lake Drive Trail and Street Resurfacing Project No. 2017-21.
James Kosluchar, Public Works Director, stated each year the City provides major
rehabilitation of selected streets in a planned neighborhood according to a pavement
management plan. This project is part of the City's 2018 street program. It is on West Moore
Lake Drive from 57th Avenue to 61st Avenue. On August 22, 2016, the Council authorized the
initiation of this project. This project was combined with improvements that would establish a
shared-use path along West Moore Lake Drive from 57th to 61st Avenues, along with on-road
bicycle lanes from 61st Avenue to Highway 65. These are both in accordance with the Active
Transportation Plan.
Mr. Kosluchar stated funding for these project elements, the multi-modal elements, is through a
federal allocation and a local match based on an application made in 2015 by staff Resurfacing
for this particular street segment was originally scheduled with the neighborhood to the west in
2022. Because of the trail project, staff found that combining these two projects allows savings
both to the City and the benefitting properties and their special assessments. In the report, the
City identifies estimated savings of$750 per residential property by combining these projects.
Mr. Kosluchar presented a map showing the City's street resurfacing long-range plan from
2018 on. Staff has developed a feasibility report that has evaluated streets in the area and
considered conditions, utility improvements, and other typical elements that may be incorporated
into the project. This is a little bit different because the real driver is another project that is
pushing this segment ahead.
Mr. Kosluchar stated the candidate streets for Council's evaluation are West Moore Lake Drive,
57th to 61St Avenues, an off-road shared use trail on West Moore Lake Drive on the same
segment, and on-road bike lanes from the corner near Fridley Middle and Fridley High School to
Highway 65.
Mr. Kosluchar stated they had an open house on November 1, 2016, and had some preliminary
information. Staff mailed 60 notices and had 18 attendees and some Council members present.
They received a lot of comments. They had a second open house on February 6, 2017, and they
mailed 60 notices for that and had 17 attendees and received more comments that he will
summarize later. In addition, staff has met with several individuals, some in support of the trail,
some not in favor. Staff was on site at Night to Unite and went out and provided additional
information and updates regarding the project. They had an on-site meeting on August 24 and
had a demonstration of some traffic common elements they may be able to incorporate into the
project on-site.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 26
Mr. Kosluchar stated the resurfacing element of the project has been generally well-received.
They do not really have too many concerns regarding that. They have a number of other
concerns including the speed of vehicles and options to correct which they went through at the
February 6 meeting and again with the demonstration in August. In the end, he does not think
they got the sense from the public they prefer not to have these physical elements guide speed.
Maintenance of the trail is a concern still with the residents who live along the route. Potential
change in the character of the neighborhood with the trail, and then parking changes obviously
driven by both the trail and bike lanes are the bigger issues remaining.
Mr. Kosluchar stated while taking this feedback into account, they reviewed the proposed
design. They evaluated it and determined that safety, visibility, and constructability were better
on the west side of the roadway. The feasibility report outlines this project with the west side
alignment. They have done a lot of work to retool the design, retool staff's estimates, etc., and
make a recommendation. They still find the project is cost-effective, necessary, and feasible.
Mr. Kosluchar stated if Council concurs, the next step is to call for a public hearing. If this is
approved staff, will notify the affected owners by mail and will notify the owners along both legs
of the work. He thought the City would want to have their input and he is certain the Council
will want to hear from them. The City will advertise that for January 22, 2018.
MOTION by Councilmember Saefke to adopt Resolution No. 2017-75. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. Approve Agreement for Professional Services for Locke Park Filtration Plant
Improvement Project 17-509.
James Kosluchar, Public Works Director, stated the City has a project coming up on the City's
Locke Park filtration plant which was originally constructed in 1969. The last major
rehabilitation was done in 1993. The plant has two water supply wells located in its proximity.
The City also has two large filter tanks and process equipment and is currently experiencing
ongoing operational deficiencies with one of the two filter tanks inoperable and filter backwash
water that is still discharged to the sanitary and storm sewer. They have talked about this
backwash project for quite some time. On its own initially, it was kind of a wash cost-wise. As
sewer rates have gone up though it is actually kind of a benefit to the City for the long run.
Mr. Kosluchar said the timing has probably been long overdue for this project to initiate. They
were especially sensitive to what may happen with the Locke Park Pointe development, and how
any kind of footprint of any addition or additional facilities would impact the development.
They wanted to be careful about that and they want to make sure that was underway.
Mr. Kosluchar stated the scope of the work includes the new backwash reclaimed basin,
rehabilitating the existing filters, reconfiguring some affluent piping for treatment and sampling,
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 27
and building modifications, upgrades for Code, possibly some exterior finishes on the building
depending on how important a complimentary finish is.
Mr. Kosluchar stated the City went out for proposals for three phases of engineering services.
They were reviewed by a team comprised of utility and engineering staff and scored in two parts
for the project, (1) approach, and then(2)compensation
Mr. Kosluchar stated staff scored them independently. They had a pretty consistent cost of
services. They had two very strong proposals in the approach and so they were basically tied.
Staff is recommending Short-Elliott-Hendrickson for the contract. They were a little bit lower in
cost. The City also has a very long history with them, good familiarity with their staff, and
thinks they will do a good job. The project is funded under the water utility CIP and the CIP
bonds that were issued. The proposal is a not to exceed $222,590. They do have controls over
how the work flows. They also have controls particularly on the construction administration, so
that is a not to exceed and full service proposal. They would expect to come in under that using
the City's own staff and supplementing the consultant's staff.
Mr. Kosluchar stated staff is recommending Council move to approve and enter into the
agreement for professional services for Locke Park Filtration Plant Project 17-509 with Short-
Elliott-Hendrickson in the amount not to exceed $222,590.
MOTION by Councilmember Barnette to approve the Agreement for Professional Services for
Locke Park Filtration Plant Improvement Project 17-509. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Approve a Joint Powers Agreement Between the City of Fridley and Coon Creek
Watershed District for the Implementation of a Springbrook Creek Weir Filter
Retrofit Project.
James Kosluchar, Public Works Director, stated in April 2016 the Coon Creek Watershed
District issued its final water restoration and protection strategy report (WRAP or WRAPS) to
the MPCA. The report developed a watershed-wide plan to meet total maximum daily loads, and
Springbrook Creek is in the area covered by the WRAP.
Mr. Kosluchar stated in performing the water quality analysis for the WRAP, it was noted that
Springbrook Creek is near impaired for bacteria and chloride contamination as with many urban
metro watersheds. Sources of the bacteria are mainly waterfall and pet waste. Coon Creek
Watershed District staff recognized that the Springbrook Creek weir system provided an
opportunity for an innovative treatment and they developed this on their own. They were
noodling over how they might help solve the problem.
Mr. Kosluchar stated the treatment will install a biochar or charcoal filter in the space between
the now abandoned weir and the newer weir. Coon Creek Watershed District submitted a storm
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18, 2017 PAGE 28
water research grant application to the Met Council for this project and, again, this is a novel
approach on a filter to address pollutants.
Mr. Kosluchar presented a photo stating it is basically at the outflow of the Springbrook Nature
Center. All the water that comes in flows out at this one point which is the weir. They can see
the vinyl sheet pile weir that is kind of grayish in color and then the old rustier weir behind it.
There is about a 1 1/2 to 2 foot space in between there and it affords the opportunity for them to
install a filter media in between the two weirs themselves. They are using something that has
been abandoned and left in place.
Mr. Kosluchar stated Met Council did award on their project in the amount of$53,500 which is
75 percent of the total project cost. Coon Creek Watershed District will provide the 25 percent
local match. The funding is for construction, water quality and monitoring, and interpretive
signage.
Mr. Kosluchar stated the Joint Powers Agreement establishes the roles and responsibilities for
construction and two years of monitoring. Basically Coon Creek Watershed District will be
responsible for all the costs, and the City of Fridley will provide the site and locations for
information and outreach. After the pilot testing period, long-term maintenance needs will be
determined if the filter system is a success.
Mr. Kosluchar stated they are recommending the Council move to approve the attached Joint
Powers Agreement with the Coon Creek Watershed District for implementation of this retrofit
project. If approved staff will work with Coon Creek Watershed District to prepare for the
project. The project will be completed this winter and get in place for spring monitoring. When
completed staff will report results to the Council.
Councilmember Bolkcom referred to page 141, the last sentence has the word, "tink".
Councilmember Bolkcom referred to page 144 at the top it states, "the City is responsible for
any additional costs outside the project scope". She asked whether the City anticipated any
costs. If so, does he have any idea how much that would cost and how would the City pay for it?
Mr. Kosluchar replied, in 2016 there was a storm that had water going over the weir. There
may need to be some repairs made to the weir. That would be paid out of the storm water
budget. Knowing that the City was actually going to perform some of those repairs this summer,
and knowing that they were going to install this filter media in between the two weirs, actually
may avoid the City having to do anything with the weirs. If the City does, it would actually be
something that was done for maintenance.
Councilmember Bolkcom stated under No. 5, in Operation and Maintenance, it says, when it is
all said and done, the City will own all the improvements comprising the project. What happens
if this does not work? Would the City leave it in or take it out?
Mr. Kosluchar replied, the agreement could be a little more clear about the abandonment
portion of it; but there are funds available for removal if it fails and any equipment needs to be
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 29
removed. He knows that there is some piping that would need to be plugged or sealed off That
is part of the project that Coon Creek has presented to the City.
Councilmember Bolkcom asked if it does work, can the City go back to some of the other cities
that bring their water down to Fridley.
Mr. Kosluchar replied that is a fantastic thought because it is a watershed issue. The City has
Springbrook and that is Fridley's first property in this whole watershed line. He cannot imagine
there are a lot of pollutants, obviously there are geese and waterfowl etc., but with the
contributions from the great area, so they would need to have a discussion with Coon Creek
Watershed District about how this gets maintained in the future. He said there is no obligation
for the City to maintain it after that.
Councilmember Bolkcom stated the Watershed has the opportunity for taxing the authority to
maintain a project. Do they also continue to maintain it and have the funds to do that?
Mr. Kosluchar replied, yes they do. As a matter of fact they have ponds they do maintenance
on. They are maintaining conveyances constantly. They are inspecting ditches. While their
staff is minimal, they do very well with what they have; and they do have some components that
they have to maintain.
Mayor Lund said the charcoal filters are going to have to be backwashed or removed.
Assuming they are going to be successful in collecting contaminants. He asked what happened to
the backwash.
Mr. Kosluchar said they will not have to be backwashed automatically. There will be some
filtration ahead. It is not going to treat the main stream of water so peak flows are not going to
flow through there, but it is going to be a steady slow stream. At some point, the filter media
will have to be replenished. It is probably not going to be through a backwashing process. It
would probably be replaced.
Mayor Lund asked how it would handle all the water roaring through there in the spring.
Mr. Kosluchar said it is good to learn how the TMDL's work. What happens is the MPCA
designates a water body as impaired. For instance, the upper Mississippi here is impaired for
chloroform so the upstream waters now have to look at chloroform. Basically what you do to
achieve the regulation is you are dictated a certain removal. How you accomplish that removal
is really up to the local watersheds and the local units of government to do and pay for. If they
are able to take, let's say, a steady stayed stream and that works best for operation and
maintenance; and they can remove, for example, 20 percent of the chloroform that needs to be
removed from the Springbrook Creek perhaps the upstream partners will may be do some things
as well, maybe can do some things downstream; but you get credit more or less for that 20
percent. The whole idea of strategizing with TMDL's is trying to maximum your investment and
do the best you can. The pilot test will tell them where that number lies. What kind of treatment
they can get for what kind of dollars.
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 30
Councilmember Bolkcom asked if a duck poops in the water and it is shallow water and it stays
there longer, is there more bacteria growth than if the duck poops in the water and there is a big
rainfall where it just swooshes through. Is there less bacteria growth if it is not sitting there
stagnant?
Mr. Kosluchar replied yes. Another issue with big flows is if you get washing out of areas that
do not ordinarily get washed out. Maybe a dog park where you get a heavy rain, and that is an
example where a place can be buried by flow and event.
MOTION by Councilmember Bolkcom to approve a Joint Powers Agreement Between the City
of Fridley and Coon Creek Watershed District for the Implementation of a Springbrook Creek
Weir Filter Retrofit Project. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Resolution to Approve an Agreement with MnDOT to Provide for a Delegated
Contract Process.
Councilmember Bolkcom referred to page 61, under Section 2.2.1, about halfway down, it
states the local government will provide a qualified full-time public employee. That means if the
City hires a consultant, then it has to have a full-time employee. She asked if that was an issue.
James Kosluchar, Public Works Director, replied, that is alluding to having a City staff person
in charge of this project ultimately and in charge of oversight. Basically they want somebody in-
house. It does not necessarily need to be an engineer. You would have to have a licensed
contracted professional engineer. You could also sign it, for instance, if Mr. Wysopal chose to
manage these projects he could be the person in charge of these projects.
Councilmember Bolkcom referred to page 62, under pre-letting, Section 2.3.1, and asked if they
ever solicit bids before talking to them.
Mr. Kosluchar replied, yes, they get full approval of the City's documents, MnDOT and the
City staff works together and they go through all the contract documents with a fine-tooth comb.
With the federal projects, they probably do twice as much work on the specs as they would on an
ordinance project. A lot of that is the federal language, it really does not have anything to do
with the construction.
Councilmember Bolkcom referred to page 63, Section 2.4.7, the local government will request
approval from MnDOT for all costs in excess of federal funds previously approved for the
project prior to incurring any cost. Again, that is something they would end up running against
because the City always has to ask for approval beforehand?
Mr. Kosluchar replied, typically the City's projects do not have a floating cap. It is definite.
This is the cap, this is the top.
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Councilmember Bolkcom stated she is just thinking about change orders.
Mr. Kosluchar replied, in those cases change orders are the City's obligation to pay basically.
The City reaps the benefits of good bids. They have to match 20 percent at a minimum with
these federal projects but, if the bids are good, everybody saves and if they go the other way that
is at the City's risks.
Councilmember Bolkcom and the City is under no obligation if it were way above what they
were giving the City?
Mr. Kosluchar replied, the City can always reject bids and rebid a project if there was some
reason for that.
MOTION by Councilmember Bolkcom Adopting Resolution No. 2017-70. Seconded by
Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Report
Mr. Wysopal stated there have been several questions regarding the bike trail on the East River
Road side in the County park. Biking continues to increase in popularity and Mr. Kosluchar
wanted to provide a little update on that.
Mr. Kosluchar stated they did get some outreach from a business down in the new Northern
Stacks who has been using the Anoka County trail on the west side of East River Road.
According to Anoka County they have shut along the Minneapolis Water Works for winter
maintenance. They are following up with Anoka County Parks on this. Staff is going to the
construction meeting on the project. He does not want to promise an outcome, but they are
going to see what the possibility is of maintaining the route during the construction in the winter
season.
Councilmember Bolkcom stated since they have shut it down, will there be no more work going
on there the rest of the winter?
Mr. Kosluchar replied, there is work going on and it is in close proximity to the trail. Because
of that, he did not think Anoka County had equipment capable of plowing it because of barriers
and things needed for the construction. Staff will talk to them.
Councilmember Bolkcom asked of the barricades would be there all winter.
Mr. Kosluchar replied he was not sure.
Councilmember Bolkcom stated it could be quite the plowing nightmare. The Met Council and
Anoka County are doing construction in that park that it will not be finished until next year.
36
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 18,2017 PAGE 32
Mr. Kosluchar replied, they are working to the north of that, yes. They do not have a
permanent trail surface yet to connect.
Councilmember Bolkcom asked if a letter could be prepared and sent after the meeting.
Mr. Kosluchar replied, certainly.
Councilmember Bolkcom asked for an update on the Lucia Lane discussion.
Mr. Wysopal said City staff, the Public Safety Director and the Community Development
Director met with the representatives of the Islamic University about the traffic and parking
problems in that area. There are traffic issues with the intensity of the use there and there is not
enough parking off-street for all the activities that are taking place at the Islamic University.
Mr. Wysopal stated the City has been working with the Islamic University. They have been
very open to working with the City. They have complaints from the neighborhood that traffic is
rather overwhelming and it is difficult to get out and onto Mississippi. Traffic is back up on the
frontage road on Lucia Lane. The City has been meeting with them. They thought they had a
couple of ideas that might work. As often happens, it was not a solution that everyone could
agree with.
Mr. Wysopal stated they are back to the drawing board to try and come up with some ideas. In
the meantime the University is talking about hiring a police officer to come out and help with the
traffic and parking control for a couple of hours on those Fridays when they experience the
problems. Right now they do not have anything formal to report. Staff will keep everyone
posted.
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT
9:32 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
37
air AGENDA ITEM
t'" CITY COUNCIL MEETING OF
JANUARY 8, 2018 '
To: Wally Wysopal, City Managee4
From: Shelly Peterson, Finance Director
Date: January 4,2018
Re: Resolution Designating Official Depositories
Attached is a resolution appointing Wells Fargo Bank Minnesota N.A. as the City's official depository
for 2018.
Fridley's banking requirements are much different than they were just 5 years ago. In a world of
electronic banking, Wells Fargo Bank provides a one-stop shop for the City's complex banking needs
which proves to be both beneficial and efficient. The City continues to have checks to cut and
deposits to make on a regular basis, but much of the banking is now done remotely through a secure
portal allowing staff to minimize trips to the bank and provide for immediate processing. In addition,
Wells Fargo Bank has implemented many safeguards to minimize fraud as well as assuring our cash
balances are fully collateralized. These measures help ensure our deposits are safe from theft and that
the City will not be subject to loss if the bank were to fail.
In recent years significant changes have occurred in how the City's account is managed with Wells
Fargo. Wells Fargo saw the need to create a local government banking team to cover the needs of the
local government clients in the communities they serve. With the creation of this team, the City has
seen a different level of coverage and capabilities with specialization in the government sector. This
shift has allowed Wells Fargo to better understand our processes, identify needs,recommend solutions
and implement services to maximize the value of our banking operations. In 2018 staff anticipates the
City will benefit from additional savings on banking fees while still receiving high quality of service.
Staff recommends a motion adopting a resolution designating official depositories for the City of
Fridley.
38
RESOLUTION NO. 2018 -
RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY
I,Shelly Peterson,do hereby certify that I am Finance Director-Treasurer of the City of Fridley,a corporation organized
under the laws of the State of Minnesota. I further certify that at a meeting of said corporation duly and properly called
and held on the 8th day of January, 2018, the following resolution was passed; that a quorum was present at said
meeting;and that said resolution is set forth in the minutes of meeting and has not been rescinded or modified.
IT IS HEREBY RESOLVED,that Wells Fargo Bank Minnesota N.A.is hereby designated as a depository for the funds
of this corporation.
IT IS FURTHER RESOLVED, that checks, drafts or other withdrawal orders issued against the funds of this
corporation on deposit with said bank shall be signed by two of the following:
Walter T.Wysopal,City Manager
Shelly Peterson,Finance Director-Treasurer
Korinne R.Johnson,Assistant Finance Director
and that said bank is hereby fully authorized to pay and charge to the account of this corporation any checks,drafts,or
other withdrawal orders.
BE IT FURTHER RESOLVED, that Wells Fargo Bank as a designated depository of the corporation is hereby
requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this
corporation's name, including those drawn to the individual order of any person or persons whose name or names
appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of two of the
following:
Walter T.Wysopal,City Manager
Shelly Peterson,Finance Director-Treasurer
Korinne R.Johnson,Assistant Finance Director
and Wells Fargo Banks shall be entitled to honor and to charge this corporation for all such checks, drafts or other
orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed
thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with Wells
Fargo Banks by the City Clerk or other officer of his corporation.
BE IT FURTHER RESOLVED,that any and all resolutions heretofore adopted by the City Council of the corporation
and certified to as governing the operation of this corporation's account(s)with it, be and are hereby continued in full
force and effect,except as the same may be supplemented or modified by the foregoing part of this resolution.
BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and
borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be, and the same
hereby are,in all things ratified,approved and confirmed.
BE IT FURTHER RESOLVED,that any bank or savings and loan may be used as depositories for investment purposes
so long as the investments comply with authorized investments as set forth in Minnesota Statutes.
BE IT FURTHER RESOLVED, that the signatures of two of the following named City employees are required for
withdrawal of City investment funds from savings and loan associations:
Walter T.Wysopal,City Manager
Shelly Peterson,Finance Director-Treasurer
Korinne R.Johnson,Assistant Finance Director
39
BE IT FURTHER RESOLVED,that any brokerage firm may be used as a vendor for investment purposes so long as
the investments comply with the authorized investments as set forth in Minnesota Statutes.
I further certify that the Council of this corporation has, and at the time of adoption of said resolution had, full power
and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named
who have full power and lawful authority to exercise the same.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8'n DAY OF JANUARY,
2018.
SCOTT J.LUND-MAYOR
ATTEST:
DEBRA A. SKOGEN-CITY CLERK
40
AGENDA ITEM
Ile CITY COUNCIL MEETING OF
idley
JANUARY 8, 2018
To: Walter T. Wysopal, City Manager
Mayor and City Council
From: Public Safety Director Brian Weierke
Captain Ryan George
Date: January 2, 2018
Re: Contract for Towing, Impounding and Storage of Motor Vehicles
This memo is written in support of the City's acceptance of the Contract for Towing,
Impounding and Storage of Motor Vehicles with Schmit Towing, Inc., 92 43rd Avenue N.E.,
Fridley, Minnesota 55421.
In the fall of 2009, a comprehensive evaluation of the tow service contract was conducted and
Schmit Towing, Inc., a company based in Fridley, was determined to best meet the needs and
requirements of the City. The Police Department has contracted with Schmit Towing, Inc.
since March 2010 with the current contract expiring December 31,2017. Schmit Towing, Inc.
provides 24-hour towing and storage of police impounded vehicles,disabled vehicles,and
vehicles determined by the City to be in violation of Code or Statute. The Police Department
has been pleased with the service provided by Schmit Towing, Inc. and desires to renew the
contract and continue using them for towing, impounding and storage of motor vehicles. The
terms of the original contract have been reviewed by department staff,the City Attorney,and
representatives of Schmit Towing, Inc. and have been acceptable to all parties. The renewal
contract maintains the same language as the original contract and includes nominal increases to
towing(+$20.15)and storage(+$5)fees that are charged to owners reclaiming towed and
impounded vehicles. Vehicle owners who require a certified letter or DMV letter as
notification of an impounded vehicle will be subject to $40.14 surcharge. A fuel surcharge of
$7.00 per tow that was charged under previous contracts has been eliminated. There will be no
cost for tows of City of Fridley and Fridley Police Department vehicles. Under a separate
Memorandum of Understanding, Schmit Towing, Inc. has agreed to store vehicles held for
forfeiture by the Fridley Police Department at a cost of$500.00 per month. This Memorandum
of Understanding will remain in effect until a permanent forfeiture storage site is secured.
Tows of forfeiture vehicles were $60 each under the previous contract. The new contract
includes tows of forfeiture vehicles at no cost.
The term of the renewal contract is from January 1,2018,through December 31,2019.
Staff recommends approval of the Contract for Towing,Impounding and Storage of Motor
Vehicles with Schmit Towing, Inc.
41
CONTRACT FOR TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES
This Contract for Towing, Impounding and Storage of Motor Vehicles, hereinafter referred to as the
Contract is made and entered into this day of , 2018, by and between Schmit
Towing, Inc.,a Minnesota corporation,92 43rd Avenue NE, Fridley, Minnesota 55421, hereinafter
referred to as the Contractor and the City of Fridley, a Minnesota municipal corporation with offices
currently at 6431 University Ave NE, Fridley, Minnesota 55432,with a planned relocation in 2018 to
7071 University Ave NE, Fridley, Minnesota 55432, hereinafter referred to as the City.
WHEREAS,the Contractor has proposed to provide 24-hour towing and storage of police impounded
vehicles and vehicles determined to be,and found to be, in violation of the Fridley City Code and the
Minnesota State Statutes;and
WHEREAS, it is in the best interest of the City that the Contractor shows responsibility to the City and
the public and indicate the charges and rates for towing and storage of motor vehicles;and
WHEREAS, it is the intention of the City and the Contractor that this agreement shall run for the period
of January 1,2018 through December 31, 2019.
NOW,THEREFORE,IT IS MUTUALLY AGREED
That the following terms and conditions detail the requirements of the Contractor to provide 24-hour
motor vehicle towing, impounding and storage services for the City on an as needed and directed basis.
Such direction is to be by the following City personnel: City Manager, Public Safety Director,
Community Development Director, Fire Chief, Public Works Director,or their authorized and legal
representatives.
Equipment:
Contractor shall have sufficient equipment to be able to tow any and all City owned vehicles,and those
vehicles as designated by the Public Safety Director,Community Development Director, Fire Chief, Public
Works Director or their authorized and legal representatives, including but not limited to:
A. Equipment capable of towing automobiles, light trucks,vans, utility vehicles,4x4's,
snowmobiles, motorcycles,all terrain vehicles,school buses, coach buses, commercial vehicles,
heavy trucks,and any other vehicle, motorized or not and further equipped to control
movement of the towed vehicle; and
B. Equipment sufficient and designed to move vehicles not amenable to towing or to move a
completely demolished vehicle by means of dollies or low-bed trailers; and
C. Trucks and equipment of sufficient quantity that allows the Contractor to meet the required
response time regardless of season,time,date or event;and
D. Equipment sufficient to conduct water recovery.
All equipment to be used by the Contractor under this contract shall be maintained in good repair and
condition.The City reserves the right to inspect the equipment from time to time for the purpose of
42
determining that the equipment condition is in conformance with law and the terms and conditions of
the Contract.
Personnel:
Contractor performing under this contract shall assume all and full responsibility for the conduct of
employees performing under this Contract.The Contractor guarantees that all of the employees
performing under this Contract will be adequately trained in their profession,will respond promptly to
all calls, be clean and neat in appearance, use decent language free of profanity,and treat the public
courteously at all times. Request for service from the City Police Department must be given first priority
by all dispatchers.
Drivers shall possess and carry a valid Minnesota driver's license commensurate with the vehicle they
are operating and be proficient in the operation of such equipment.All drivers shall operate the
Contractor's equipment in a safe and prudent manner,complying with all traffic laws.
The City reserves the right to conduct background checks on all employees of the Contractor at the time
of the execution of this Contract and annually thereafter.
Failing to meet any or all of the requirements of this section may result in cause for terminating the
contract at any time as per the conditions specified for contract termination.
Licensing:
Contractor shall obtain and maintain in effect throughout this Contract,all licenses, permits and
certificates as required by the State of Minnesota,Anoka County, and the City for the operation of the
service required to be performed by the Contractor under this Contract.The Contractor shall operate
and maintain its parking and storage facility in compliance with the terms of this Contract and all State
and City applicable laws,ordinances, rules and regulations that are presently in effect or which may
hereafter be adopted.
Storage Facilities:
Storage and parking lot facilities used by the Contractor under this Contract shall be located within the
corporate limits of the City of Fridley unless otherwise agreed to by the City but in any event shall be
located no more than two linear miles from the corporate limits of the City.Storage and parking lot
facilities used by the Contractor under this Contract shall meet all of the applicable State and local
building code standards and municipal license and zoning requirements, including those relating to
outdoor storage, screening and landscaping of the city in which the facility is located.
The facilities to be utilized under this Contract must have the capability of storing a minimum of two(2)
vehicles inside and a further capability of providing storage for a minimum of twenty-five (25)vehicles
outside. It shall be the responsibility of the Contractor to provide additional outside storage if needed to
meet storage volume requirements. Inside storage will be necessary only when so requested or directed
by an authorized official of the City. When a direction is given to store a unit inside, such directions may
be accompanied by instructions for certain security measures to be employed.Vehicle security becomes
the responsibility of the Contractor while the vehicle is in his/her control. Parking lots must be fenced in
a secure manner with a minimum fence height of six(6)feet.
The Contractor agrees to keep safely all impounded vehicles,equipment and accessories,and all
personal property contained therein, and to retain possession of same until all charges against the
43
impounded vehicle have been satisfied, and to reimburse the City and the owners for any and all losses
relating thereto. Personal property that, in the judgment of the City Police Department is necessary for
health and safety purposes shall be released upon order of the City Police Department.The Contractor
will be solely responsible for loss or damage to any vehicle, including all equipment and contents,from
the time direction is given by the authorized City representative turning the vehicle over to the
Contractor or his Agent, until such time as the vehicle is legally released to the registered or actual
owner or legal agent thereof.
Indemnification and Insurance:
The Contractor agrees to defend, indemnify,and hold harmless the City, its officers and employees,
from any liability,claims, damages,costs,judgments,and expenses, including attorneys fees, up to the
maximum tort liability limits set forth in Minnesota Statutes Chapter 466, resulting directly or indirectly
from an act or omission of the Contractor, its employees, agents,or participants in the performance of
this Contract.
Contractor shall maintain in effect throughout this Contract general liability insurance, including
coverage for personal injury, property damage and fire,which shall provide a coverage limit of
$1,500,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes
Section 466.04,or as may be amended. Contractor shall furnish the City with a certificate of insurance,
which shall include that insurance shall not be cancelled without at least thirty(30)days'advance
written notice to the City. The City shall be named as an additional insured on the general liability
insurance policy.
Availability:
Contractor shall provide towing services 24 hours per day,every day of the year.Contractor shall
provide a telephone answering service 24 hours a day,seven days per week,for the purpose of receiving
requests for service pursuant to this Contract.
While performing under this contract and under these specifications,the Contractor's hours of
operation for release of impounded vehicles shall be no less than 8:00 a.m.to 6:00 p.m., Monday
through Friday,four daytime hours on Saturday,and two daytime hours on Sunday and legal holidays.
Hours must be posted in a prominent place on the front door or front gate of the facility.
Access to the storage facility shall be available to the Public Safety Director or other authorized and legal
representative,at all times and without costs.The City shall have the right to inspect the Contractor's
equipment,storage facility and pertinent records without notice,during normal business hours.
Response Time:
Upon receipt of request for towing service by the City,the Contractor shall dispatch the necessary trucks
and equipment so as to arrive at the site so designated within the specified time,which shall not be
more than twenty(20) minutes, after receipt of request.Should the Contractor fail to appear at a
designated tow point within the specified time after receiving a call for a tow,the City reserves the right
to call another towing service to perform the work. In the event the Contractor fails to appear at a
designated tow point within the specified time after receiving a call for a tow and the City calls another
towing service to perform the work,the Contractor shall not charge any tow fee to the City or
otherwise.
44
If the Contractor is called and is unable to respond due to conditions beyond his/her control,the
authorized City officials shall be immediately so informed and the City has the right to call another
service to perform the work.
In the event that at any time, it becomes necessary for the City to request the services of another
towing service for the reasons detailed above,the City retains the right to hold the Contractor
responsible for any additional charges over and above the fee schedule recorded in this contract.Such
charges shall be assessed only if the response failure is due to negligence on the part of the Contractor.
Such negligence might include equipment failure.
In addition to the above charges,to promote the general welfare and safety, in all cases where the
Contractor shall fail to respond to any call for tow trucks within thirty(30) minutes,the City shall be paid
Fifty and no/100 Dollars($50.00) by the Contractor for each failure to respond.
The City reserves the right to call the closest available towing company in the event of an emergency as
determined by the City, regardless of any contractual relationship with the City.At the discretion of the
City, response time may be altered in the event of adverse road,traffic or weather conditions.
If an involved private owner/operator makes a timely request for a tow by a towing service other than
the Contractor retained under this contract,the City Police Department may honor such request. In such
instance,the owner/operator is solely responsible for all associated charges.
Contractor Services:
Contractor agrees to provide all services required by the City for towing, impounding,transport,and
storage of vehicles.These services shall be provided in accordance with the terms of the Contract.The
Contractor shall, in addition to towing and storage services, be responsible for cleaning up all debris
associated with the disabled vehicle(s) at the site.This may include items such as vehicle parts, broken
glass, metal or other debris,excluding commercial cargo, resulting from the accident.The required clean
up shall be completed prior to the Contractor leaving the site,as per instructions from the City Police
Officer in charge at the site. Clean up is to be completed without any additional compensation, unless
extraordinary circumstances exist.Such costs may be charged to the appropriate vehicle owner.
Contractor may also be asked to provide occasional roadside service,such as changing tires,for City
Police squad cars and other City vehicles.
Impounded vehicles shall be towed directly to the Contractor's storage facility unless otherwise directed
by the City.All designated vehicles at an accident site shall be towed and removed before the
Contractor leaves the scene to respond to any other service call.
Vehicles will not be driven at any time during the towing procedure,except as incidental to the impound
process. In the event that the vehicle is without tires or has flat tires,the Contractor is to remove the
vehicle in such a way as to avoid or minimize damage to the wheels or road surface.The Contractor may
not tow any vehicle on its rims,on wheels without tires,or on flat tires.
Contractor agrees to abide by applicable Minnesota Statutes and Fridley City Code in controlling and
disposing of impounded vehicles.
Vehicle Release:
All vehicles towed or impounded are to be released in accordance with procedures adopted by the
Public Safety Director.Vehicles being held for evidential or investigative reasons by the City Police
45
Department may not be released without written authorization by the Public Safety Director or other
authorized and legal representative.Other vehicles may be released as provided herein without formal
authorization from the Public Safety Director.
Contractor agrees to establish the identity of the registered owners and lien holders, if any,of
impounded vehicles through the Department of Public Safety automobile titles, insurance papers and
dealer bills of sale.
Contractor shall be responsible to check the theft status of any impounded vehicle in the contractor's
possession at least once every week.
Upon deposit of a towed vehicle in the storage facility,the Contractor shall send a notice specifying the
date and place of the tow,the year, make, model, and serial number of the vehicle towed within five(5)
days to the registered owner as well as any lien holders of record.The notice shall include the procedure
for reclaiming the impounded vehicle and comply with Minnesota Statue 168B.06.A record of this
notice,and all other data related to this Contract, including this Contract,shall be retained by the
Contractor during the term of this Contract,and for an additional six(6)years after the expiration of this
Contract.The cost of this notice shall not exceed thirty-five and no/100 Dollars($35.00)and shall be
borne by the registered owner of the vehicle. If the owner of the impounded vehicle subject to a lien
fails to reclaim the vehicle,the Contractor shall provide notice to the lien holder, if any, prior to
disposition of the vehicle. Contractor shall dispose of vehicles pursuant to Minnesota Statutes Chapter
168B.
Vehicles shall not be released without proper proof of ownership. If the vehicle is to be driven from the
impound lot, proof of current insurance covering the vehicle and proof of a valid driver's license by the
prospective driver shall be required.
At the time of the release of the vehicle,the Contractor shall provide a receipt in writing which shall
state the date of such vehicle release together with the charges enumerated thereon and the purpose
for which the charges were made.The receipt shall be made in one original and two copies,all of which
shall be signed by the Contractor and the person to whom the vehicle release is made.The Contractor
shall retain the original of the receipt and shall deliver one copy to the owner of the vehicle and one
copy to the City Police Department.
Data Practices and Records:
The Contractor acknowledges and agrees that this Contract is subject to the Minnesota Government
Data Practices Act. The Contractor agrees to comply with the Minnesota Government Data Practices Act
and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor
will immediately report to the City any requests from third parties for information relating to this
Contract. The Contractor agrees to hold the City, its officers,department heads and employees
harmless from any claims up to the maximum tort liability limits set forth in Minnesota Statutes Chapter
466 resulting from the Contractor's unlawful disclosure or use of data protected under state and federal
laws.
Contractor shall be responsible for maintaining proper records of all vehicles towed,stored, released,
still held,junked and destroyed.The record keeping system shall meet the approval of the Public Safety
Director and records are to be available at all times for inspection by authorized City officials.
46
Contractor records and data created pursuant and by reason of this Contract shall be retained for a
minimum of six(6)years.
Contractor shall prepare a comprehensive monthly report of all vehicles towed, stored, released,still
held,junked and destroyed, in a form acceptable to the City.The Contractor must have the ability to
receive and send documents electronically in addition to fax capabilities.
Towing Charges:
Contractor assumes full responsibility for the collection of all fees involved with the towing, removal and
storage of vehicles.The Contractor shall be entitled to a charge for towing and storage services pursuant
to the fees herein enumerated. Except as otherwise provided herein,the Contractor shall collect such
charges for towing and storage services from the owner of the towed, removed or stored vehicle.A fuel
surcharge may be collected during any week in which the previous week's average cost of diesel fuel for
the Midwest region,as listed on the U.S. Energy Information Administration website,exceeds$3.449
per gallon.The site is found at: http://www.eia.gov/petroleum/gasdiesel/.The Contractor agrees that
neither the City nor any Department thereof is responsible for any charges as a result of towing and/or
storage and that the Contractor assumes all liability for any and all unpaid charges.
Exception: For vehicles identified by the City Police Department as subject to forfeiture,and
subsequently towed to a location other than the Contractor's storage facility,the City will pay
the Contractor a flat rate charge per vehicle towed.
Contractor agrees to accept as method of payment,cash,and one other method of payment such as
check or credit card.
Towing and storage rates shall be uniformly charged.The rates for towing shall be as follows:
Tow of automobiles and other vehicles under 10,000 pounds GVW $124.15
Tow of vehicles between 10,001 and 26,000 pounds GVW $128.82 per hour
Tow of vehicles over 26,000 pounds GVW $175.50 per hour
Tow of snowmobiles, motorcycles, and all-terrain vehicles $124.15
Additional charge for use of winch $100.82
r i
_ P
Storage charge per day for outside storage of towed vehicles $45.00
Storage charge per day for inside storage of towed vehicles $45.00
Storage charge for large vehicles in excess of 26,000 pounds GVW $100.00
E's � 'yi Y :.� � �35'q��� p � ``t§sli...�� � f 3[iM1fxl %{.A�"'i�A p • � '�R d�� 3 q.
d
„.? ';{ 6 g °+.,,KS &-Xa a ✓ f r �i.Fb 3..3, Ef•A: sF k '..;` n 3 ",C 6rt
Administrative Fee $30.81
Notification to registered owner(DMV Letter/Certified Letter) $40.14
47
Duration,Cancellation,Termination and Enforcement
This Contract shall remain in force for the period specified unless cancelled by either party giving written
notice of cancellation at least thirty(30)calendar days in advance.
This Contract may, upon mutual agreement between the City and the Contractor and according to the
terms of the existing contract, be renewed in two year intervals.Contractor reserves the right to
renegotiate charges for towing and storage services at renewal.
The City may, by written notice to the Contractor,terminate this Contract immediately for failure of the
Contractor to perform the terms and conditions of this Contract related to personnel.
Failure by the City to enforce one or more terms of the Contract does not waive the right of the City to
enforce any other terms of the Contract.
AGREED TO this day of January, 2018.
City of Fridley Schmit Towing, Inc.
Scott.J. Lund, Mayor Stephen Schmit, President
Walter T. Wysopal
City Manager
48
AGENDA ITEM
CITY COUNCIL MEETING OF JANUARY 8, 2018
CITY OF
FRIDLEY
2018 CITY COUNCIL AND STAFF APPOINTMENTS
2017 REPRESENTATIVE 2018 APPOINTEE EXPIRES
Mayor Pro Tem:
Councilmember-at-Large Barnette 12/31/2018
Anoka County Law Enforcement Council:
Councilmember-at-Large Barnette,Rep. 12/31/2018
Councilmember Varichak,Alternate 12/31/2018
Metro Cities:
Mayor Lund, Delegate 12/31/2018
Councilmember Bolkcom,Alternate 12/31/2018
League of Minnesota Cities:
Councilmember Bolkcom, Rep. 12/31/2018
Councilmember Saefke,Alternate 12/31/2018
Mississippi Watershed Management Organization:
Councilmember Saefke, Commissioner 12/31/2018
Councilmember Varichak,Alternate 12/31/2018
School District No. 13:
Councilmember-at-Large Barnette,Rep. 12/31/2018
Councilmember Bolkcom,Alternate 12/31/2018
School District No. 14:
Councilmember-at-Large Barnette,Rep. 12/31/2018
Councilmember Bolkcom,Alternate 12/31/2018
School District No. 16:
Councilmember Saefke, Representative 12/31/2018
Councilmember Varichak,Alternate 12/31/2018
Northstar Corridor Development Authority:
Councilmember-at-Large Barnette,Rep. 12/31/2018
Paul Bolin, Alternate 12/31/2018
Twin Cities Gateway:
Debra A. Skogen, City Clerk 12/31/2018
Anoka County Fire Protection Council
Councilmember Varichak,Rep. 12/31/2018
49
�' AGENDA ITEM
F�) COUNCIL MEETING OF JANUARY 8, 2018
CLAIMS
CLAIMS
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80
CITY COUNCIL MEETING OF
tral JANUARY 8, 2018
LICENSE LIST
Temporary On-Sale Intoxicating Lee Carlson Center Public Safety Director
Liquor— Patricia Halverson City Clerk
At Springbrook Nature Center
March 22,2018
81
AGENDA ITEM
CITY COUNCIL MEETING OF
QTY
Of
DECEMBER 18, 2017
To: Walter T. Wysopal, City Manage26/
From: Debra A. Skogen, City Clerk
Date: January 4, 2018
Re: First Reading of a Proposed Ordinance Amending Fridley City Charter Chapter 7
Taxation and Finances
The Fridley Home Rule Charter is the fundamental law which defines the powers the citizens
agree to give their city government. The Charter Commission is comprised of fifteen court
appointed citizens who meet eight times a year to discuss and refine the charter in response to the
needs of the community.
Minnesota Statute, Section 410.12, Subd. 7., allows for an amendment by ordinance, upon
recommendation of the Charter Commission. Within one month of receiving a recommendation
the city must publish notice of a public hearing on the proposed ordinance. The public hearing
must be held at least two weeks but not more than one month after the notice is published.
The Charter Commission met for a year discussing the history and implications of the tax levy
restrictions. After receiving and considering all of the information,they proposed an amendment
by ordinance removing the"consumer price index"portion of the language and a few other non-
substantive changes. The City Council adopted that ordinance in July of 2017.
The Charter Commission continued its discussion and reviewed the remainder of Chapter 7 to
bring the language current and up to today's accounting standards and requirements. On
November 6, 2017, a draft ordinance was provided to the Charter Commission who unanimously
recommended the amendment by ordinance to the City Council. Meeting minutes of the
Commission are shown in Attachment 1 for your reference.
The City Council received the Charter Commission recommendation on November 13, 2017, and
adopted Resolution No. 2017-63 scheduling the public hearing for December 18th and directing
the publication of the notice of the proposed amendment. The full text of the ordinance was
published in the November 24, 2017, edition of the Fridley SunFocus and on the City's website
meeting the publication requirements.
82
The City Council held the public hearing on December 18, 2017. During the public hearing Ms.
Pam Reynolds, 1241 Norton Avenue NE, requested that the ordinance be read in full for the benefit
of the listening audience. After reviewing the Charter, understanding it was not the first reading,
and that it had been published in full and posted on the web prior to the public hearing, the Council
determined the ordinance would not be read in full during the public hearing.
During the public hearing, Ms. Reynolds received a copy of the ordinance, asked questions and
received answers to those questions. In addition, Ms. Reynolds is a member of the Fridley Charter
Commission and was provided meeting agendas and minutes of the proposed changes prior to the
recommendation of the Charter Commission,but was absent for the vote.
For individuals that are not familiar with the process and due to the length of the ordinance, staff
believes that reading the ordinance out loud at the meeting would be confusing and hard to follow
without a printed copy of the Ordinance. With that in mind, if a citizen or member of the Council
should request that the reading of the ordinance not be waived and be read in full, staff has created
an audio recording of the ordinance should the City Council determine it be read in full.
Staff recommends a motion to waive the reading and hold the first reading of an Ordinance
Amending Fridley City Charter Chapter 7, Taxation and Finances, as shown in Attachment 2.
83
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
MAY 15, 2017
CALL TO ORDER:
Chairperson Ostwald called the Charter Commission meeting to order at 7:00 p.m.
ROLL CALL:
Members Present: Commissioners Gary Braam, Don Findell,Manuel Granroos,Richard
Johnston, Ted Kranz, Bruce Nelson, Rick Nelson, David Ostwald, Barb
Reiland, Pam Reynolds,Valerie Rolstad, Cindy Soule,Avonna Starck, and
Richard Walch
Members Absent: Commissioner Zach Crandall
Others Present: Deb Skogen, City Clerk/Staff Liaison
Wally Wysopal, City Manager
Shelly Peterson,Finance Director
Jake Foster, Management Analyst
Scott Lund, Mayor
Julie Doth,Fridley Citizen
APPROVAL OF AGENDA
Commissioner Reiland MOVED and Commissioner Johnston seconded a motion approving the
meeting agenda.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
APPROVAL OF MINUTES
Commissioner Reynolds said the fourth paragraph on page four should be changed to provide
clarification that Commissioner Rolstad was speaking in that paragraph. Ms. Skogen said the
whole paragraph was Commissioner Rolstad speaking and there was no need for clarification.
Commissioner Reynolds said on page five, and instance of the word"was" should be changed to
"is". Ms. Skogen said she wrote the minutes in past tense and it should remain to be consistent.
Commissioner Reynolds said on page ten her preference was not to remove the CPI but keep the
5%. She preferred to keep the restriction as,but would be more comfortable with removing the
CPI and keeping the cap than removing the restriction altogether. Ms. Skogen said she would
review that section on the recording.
APPROVED 09/05/2017
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CHARTER COMMISSION MEETING OF MAY 15,2017 PAGE 2
Commissioner Reiland said on page three,the sixth line of paragraph three the"r"was missing
in the word"Grove."
Ms. Skogen said there was another section where the words"in Anoka County"should be added
where Fridley is said to be the only fiscal disparities contributor.
With no other changes to the minutes, Commissioner Reiland MOVED and Commissioner
Kranz seconded a motion approving the Charter Commission meeting minutes of May 3, 2017 as
corrected.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
ADMINISTRATIVE MATTERS
Chairperson Ostwald offered a handout outlining Minnesota's open-meeting law. He said he was
concerned about some of the email communications being sent between commissioners. Further
discussion took place detailing how the commissioners should avoid violating the open-meeting
law in the future.
OLD BUSINESS
Discussion of Chapter 7
Chairperson Ostwald introduced the ordinance staff was requested to provide to be recommended
to Council for the Commissioners review.
Commissioner Reynolds asked if they weren't going to discuss the draft,but rather"jump right
in"to the proposed ordinance. Ms. Skogen said that is what was requested of City staff.
Commissioner Reynolds referred to the minutes from the previous meeting referencing a
statement from Commissioner Rick Nelson requesting a rough draft of the edits for Chapter 7.
Ms. Skogen said the consensus of the Commissioners was to prepare an ordinance to recommend
an amendment for council action.
Ms. Skogen described the edits based on their request.
Commissioner Reiland said she would like to discuss the proposed language change regarding
the levy restriction to ensure it was clear.
Ms. Skogen said they may want to clarify the language further in Section 7.02.1 to ensure the
language was written clearly.
Commissioner Rick Nelson said his motion was to use the previous year's levy as a baseline,not
that the 5%cap should not include the last year's percent change.
APPROVED 09/05/2017
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CHARTER COMMISSION MEETING OF MAY 15,2017 PAGE 3
Commissioner Findell agreed,but thought the language worked as it didn't reference the
percentage change in the previous year's tax levy.
The Commissioners discussed the clarity of the language.
Ms. Skogen suggested adding the word"more"after the previous year's levy for clarity.
Commissioner Soule suggested splitting the sentence into two sentences for further clarity.
Commissioner Findell suggested the words"time to time"be removed.
Ms. Skogen said the words "time to time"are present, because the City's classification might
change. Commissioner Findell still thought they should be removed, and suggested that a period
could be put in their place to break up the sentences.
Further discussion took place regarding whether or not the sentences should be split, and where a
period would make sense.
Shelly Peterson, Finance Director, suggested the commissioners remove the words"from time to
time"and add a period after the word"member"as suggested by Commissioner Soule. She also
thought the words "provided that"and"in dollars" could also be removed. She suggested
starting the next sentence with"The amount of taxes...".
Commissioner Reynolds asked if the removal of"in dollars"could be misconstrued,to which
Ms. Skogen said it was added when the levy restriction was changed from the mill rate.
Ms. Peterson said the levies are always "in dollars,"but the phrase could be added at the end of
the sentence.
Ms. Skogen re-read the amendment: "The City shall have,in addition to the powers by this Charter
expressly or impliedly granted,all the powers to raise money by taxation pursuant to the laws of the
State which are applicable to cities of the class of which it may be a member. The amount of taxes
levied against real and personal property within the City for general City purposes shall not exceed
5%more than the prior year tax levy. However,if necessary, it may be increased up to an
additional 3%with the vote of four members of the Council."
Chairperson Ostwald asked if anyone had any other changes. Commissioner Findell asked if the
word"it"should be clarified in the last sentence,and changed to"the levy."
Commissioner Rolstad MOVED and Commissioner Soule seconded a motion to accept the
updated language.
UPON A VOICE VOTE, 13 COMMISSIONERS VOTED AYE AND 1 COMMISSIONER
VOTED NAY(COMMISSIONER REYNOLDS). CHAIRPERSON OSTWALD DECLARED
THE MOTION CARRIED.
APPROVED 09/05/2017
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CHARTER COMMISSION MEETING OF MAY 15,2017 PAGE 4
Ms. Skogen outlined the other changes recommended in Chapter 7 where state law conflicted
with the charter.
Commissioner Soule asked if the State Statute numbers or chapters would be subject to change.
Commissioner Nelson asked if they could just refer to"State Statute"rather than specific chapter
numbers to make sure future business does not get hung up due to changing of chapters.
Commissioner Nelson added the"current statute could be referenced in parentheses.
Ms. Skogen continued reviewing the proposed changes. Commissioners then began to go
through each section of the ordinance to discuss any potential changes.
Commissioner Reynolds asked for clarification regarding the language on recycling in Section
7.02, and why recycling was removed from Section 3.A to Section 3.B. She said everything in
Section B were items or services that were assessed by usage fee, and items in A were mandated.
She asked if she could then opt-out of the recycling programs, or choose not to use it if it was
moved to Section 3.B. Ms. Skogen said recycling was mandated and therefore the City has to
provide it to all residents.
Commissioner Reynolds said recycling should be moved back into Section 3.A rather than 3.B.
Commissioner Starck felt the fee for recycling was a very nominal fee so it should present less of
an issue.
Commissioner Rick Nelson asked if every fee collected from recycling was used for recycling
services. Staff stated it was only used for recycling.
Mayor Lund said in years past the City's recycling program generated a small amount of revenue.
As it has progressed, the program began to "break even". Now the contract is up for renewal and
the current rate structure won't cover the cost of the program as recycling valuations have gone
down. He further confirmed the rates charged for recycling only covered the cost of the recycling
services.
Commissioner Reynolds stated the rates were soon to cover expanded recycling services, as she
said there was an RFP that has been created to do so. Mayor Lund said he was not aware of any
RFP or plans for expansion of the recycling service. Ms. Skogen said the organics portion of the
City's recycling service would be voluntary and residents could choose not to use that service or
pay for it.
Commissioner Reynolds MOVED saying that the original restriction of an increase in CPI or a
5%growth could be added to section 3 to control those costs. With no second,the motion failed.
Commissioner Rick Nelson MOVED and Commissioner Reiland seconded a motion to move the
recycling fees back into Section 3.A from Section 3.B
APPROVED 09/05/2017
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CHARTER COMMISSION MEETING OF MAY 15,2017 PAGE 5
UPON A VOICE VOTE ALL VOTING AYE CHAIRPERSON OSTWALD DECARED THE
MOTION CARRIED.
Commissioner Findell asked if Section 7.08.E needed to include the language"of this charter".
Ms. Skogen said she left it out to remain consistent throughout the charter. Commissioners
agreed it should not be changed to keep the charter consistent throughout.
Moving to Chapter 7.04, Commissioner Rick Nelson asked if they wanted to ensure the Council
could arrange additional budgetary meetings by putting parenthesis to the "s"in"meetings." He
also felt this would give Council the opportunity to have more meetings if needed,but would still
be allowed to have one estimated budget meeting.
Commissioner Rick Nelson MOVED and Commissioner Soule seconded a motion to add
parentheses around the"s"in both instances of the word"meeting"in Section 7.04.
UPON A VOICE VOTE ALL VOTING AYE CHAIRPERSON OSTWALD DECARED THE
MOTION CARRIED.
There were no comments or questions with Sections 7.05, 7.06, and 7.07
Mayor Lund suggested changing the word"However"to "Moreover"in the last sentence of the
section and to add the word"affirmative"before"vote"at the end of the sentence to make sure it
was understood that raising the tax levy an additional 3%required an affirmative vote of 4
Council members.
Commissioner Rick Nelson agreed with the latter part of Mayor Lund's suggestion,and said it
was important that it calls out a number(4)rather than a percentage or majority vote in case a
member is absent or abstains from the vote. Commissioner Walch agreed.
Ms. Peterson said there was also an area in 7.15 that referred to a 4/5 vote of Council, and this
language could also be changed to remain consistent. Commissioner Findell said they addressed
this in the last meeting, and wanted to be sure that at least 4 members were voting.
After further discussion, Commissioner Walch MOVED and Commissioner Starck seconded a
motion to make the additional change to Section 7.02.1.
UPON A VOICE VOTE ALL VOTING AYE CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
Commissioner Rick Nelson MOVED and Commissioner Reiland seconded a motion
recommending an amendment Fridley City Charter Chapter 7 by ordinance to the City Council.
UPON A VOICE VOTE, 13 COMMISSIONERS VOTED AYE AND 1 COMMISSIONER
VOTED NAY(COMMISSIONER REYNOLDS). CHAIRPERSON OSTWALD DECLARED
THE MOTION CARRIED.
APPROVED 09/05/2017
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CHARTER COMMISSION MEETING OF MAY 15,2017 PAGE 6
Ms. Skogen said she would provide the ordinance to the City Council to schedule the public
hearing. Looking at the Council schedule, she said it would most likely be held the last meeting
in June.
Ms. Skogen introduced a memo written by Ms. Peterson outlining additional areas where Chapter
7 conflicted with State Statute, Generally Accepted Accounting Principles(GAAP), or the State
Auditor's Guidelines. Commissioners were presented with a redlined version of Chapter 7
provided by Ms. Peterson as suggested ideas to make the charter more compatible.
Commissioner Starck asked how urgent the proposed changes were. Ms. Peterson said there are
. sections of the chapter she cannot currently comply with, and that the City has not been
complying with, so she did not think it was urgent.
Commissioner Kranz suggested Commissioners review the redlined version quickly while Ms.
Peterson was in attendance. Ms. Peterson reviewed the proposed changes.
Commissioner Kranz suggested it be placed on the September meeting agenda.
Commissioner Nelson said he did not feel comfortable making these wholesale changes during
the current meeting, especially given that they spent 8 months on the first section to which
Chairperson Ostwald and other commissioners agreed.
Ms. Skogen suggested the Commissioners review the material during the summer. Staff could
provide any additional materials upon request. The Commissioners were in agreement.
Commissioner Soule commended Ms. Peterson for her hard work and thoughtfulness in
providing this information, and throughout their discussion.
ADJOURNMENT:
Commissioner Granroos MOVED and Commissioner Starck seconded a motion to adjourn the
meeting.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:16 P.M.
Respectfully submitted,
Debra A. Skogen,MMC
City Clerk/Staff Liaison
Commissioner Manuel Granroos
Secretary
APPROVED 09/05/2017
89
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
September 5, 2017
CALL TO ORDER:
Chairperson Ostwald called the Charter Commission meeting to order at 7:00 p.m.
ROLL CALL:
Members Present: Commissioners Gary Braam,Don Findell,Richard Johnston, Ted Kranz,
Bruce Nelson, Rick Nelson,David Ostwald, Barb Reiland,Valerie
Rolstad, and Avonna Starck
Members Absent: Commissioners Zach Crandall, Manuel Granroos, Pam Reynolds, Cindy
Soule and Richard Walch
Others Present: Deb Skogen, City Clerk/Staff Liaison
Jake Foster, City Management Intern
Scott Lund, Mayor
Dolores Varichak, Councilmember Ward 2
APPROVAL OF AGENDA
Commissioner Rolstad MOVED and Commissioner Braam seconded a motion approving the
September 5, 2017,meeting agenda.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
APPROVAL OF MINUTES
Ms. Skogen stated the meeting date on page one should be May 15 not May 1.
Commissioner Reiland said the sixth paragraph on page 6 should be corrected. The word
"asked"will be removed from that sentence.
Commissioner Nelson reminded staff there are now two Commissioner Nelsons and
recommended placing their first name in the minutes when they speak. The minutes were
reviewed and the first name will be added where appropriate.
The minutes should reflect the last name of the guest who was at the meeting as Doth
APPROVED 10-02-2017
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CHARTER COMMISSION MEETING OF SEPTEMBER 5,2017 PAGE 2
Commissioner Rick Nelson MOVED and Commissioner Rolstad seconded a motion approving
the Charter Commission meeting minutes of May 15,2017, as amended.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
ADMINISTRATIVE MATTERS
A. Charter Commissioner Membership
Ms. Skogen stated that Commissioners Walch and Johnston terms expired in September. She
had contacted Commissioner Walch and he was interested in serving another four year term.
Commissioner Johnston said he was just getting started and would like to be reappointed to a full
term.
Commissioner Reiland MOVED and Commissioner Starck seconded a motion reappointing
Richard Walch and Richard Johnston to the Charter Commission for a full four year term and
directing staff to write a letter to the Chief Judge recommending the reappointments.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
B. Update on Ordinance Amendment to Chapter 7
Ms. Skogen updated the Commissions on the ordinance to Chapter 7 of the Charter which was
recommended to the City Council in May. The public hearing was scheduled and held and the
first and second readings were held. If a referendum petition were circulated,it would have to be
submitted within 60 days or by October 3rd. At this time staff has not heard of any petitions
circulating. If a petition is not submitted,the ordinance becomes effective after 90 days or
November 2°1. Once effective, the City Council may use the changes for planning the 2018
budget.
Mayor Scott Lund thanked the Commissioners for all of their hard work and due diligence. He
said staff was working on preparing the annual budget and has had some discussion with
Council. In light of the changes, there will most likely be an increase,but it will not be 8%and
suspect it will be under just under the 5%.
Councilmember Dolores Varichak thanked the Commissioners for working so hard on Chapter 7
over the past year to understand the process and make the necessary changes.
Mayor Lund said the City Council recognizes the importance of maintaining a workable budget
that does not put the City in a deficit and to be responsible for all taxpayers that pay into the levy.
APPROVED 10-02-2017
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CHARTER COMMISSION MEETING OF SEPTEMBER 5,2017 PAGE 3
OLD BUSINESS—DISCUSSION OF CHAPTER 7
Ms. Skogen said the Commissioners were asked to review the memo prepared by the Finance
Director in May as it related to accounting standards and regulations at the state and federal law
changes. She said it was their opportunity to ask questions so answers could be provided at the
next meeting. The easiest way to begin would be to go section by section.
Chairperson Ostwald reviewed the memo relating to Section 7.04.
Commissioner Rick Nelson suggested listing the title of Chapter 275,as the statute changes are
made from time to time,the numbering changes or language is deleted. The title would give us a
frame of reference for future use.
Commissioner Findell thought there was a lengthy discussion in a previous meeting that they
agreed they would not mention the specific statute in the language,but refer to state law and
provide the Statute numbers at the end of Chapter 7 to stay current.
Ms. Skogen said that was correct. But it might be ok to use the title because sometimes the
Legislature deletes a whole chapter and creates a new one while giving it the same title.
Commissioner Findell suggested rather than having a title you would refer to the statute number
and add pertaining or referring to the specific subject matter.
Commissioner Reiland wondered if all of the statute numbers had been removed for the changes
that were made in the spring.
Ms. Skogen said she believed that was correct and that the statutes would be referenced at the
end of the Chapter.
Commissioner Starck said the title of MN Statute 275 was Taxes; Levy, Extension.
Commissioner Kranz said he remembered the Finance Director said the City was out of
compliance with some of the statutes in the Charter and wondered if she made recommendations
to make changes to come into compliance.
The Commissioners discussed a chart that had been provided and copies were made for further
discussion.
The Commissioners began reviewing Section 7.04 and found that it was unclear as to what
language was added or deleted. After reviewing other sections,the Commissioners agreed it was
too difficult to understand.
Commissioner Reiland MOVED and Commissioner Findell seconded the motion directing staff
to meet with the Finance Director and re-edit the language by showing underlines for new
language and strikethroughs for deleted language.
APPROVED 10-02-2017
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CHARTER COMMISSION MEETING OF SEPTEMBER 5,2017 PAGE 4
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
NEW BUSINES
There was no new business.
FUTURE MEETING TOPICS/COMMUNICATIONS
Continued discussion of Chapter 7
ADJOURNMENT:
Commissioner Kranz MOVED and Commissioner Reiland seconded a motion to adjourn the
meeting.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 7:41 P.M.
Respectfully submitted,
Debra A. Skogen, MMC
City Clerk/Staff Liaison
Commissioner Manuel Granroos, Secretary
APPROVED 10-02-2017
93
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
OCTOBER 2, 2017
CALL TO ORDER:
Chairperson Ostwald called the Charter Commission meeting to order at 7:00 p.m.
ROLL CALL:
Members Present: Commissioners Gary Braam,Don Findell, Manuel Granroos, Richard
Johnston, Ted Kranz,Bruce Nelson, Dave Ostwald,Barb Reiland,Valerie
Rolstad, and Avonna Starck
Members Absent: Commissioners Zach Crandall, Rick Nelson, Rick Nelson, Pam Reynolds,
Cindy Soule and Richard Walch
Others Present: Roberta Collins, Staff Liaison
Shelly Peterson,Finance Director
APPROVAL OF AGENDA
Commissioner Rolstad MOVED and Commissioner Reiland seconded a motion approving the
meeting agenda.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
APPROVAL OF MINUTES
Commissioner Braam MOVED and Commissioner Rolstad seconded a motion approving the
Charter Commission meeting minutes of September 5,2017
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
ADMINISTRATIVE MATTERS
A. Order from the judge was received by the District Judge for the reappointments of
Commissioners Richard Johnston and Richard Walch. The terms expire September 9,
2021. Commissioner Johnston took his Oath and Acceptance.
APPROVED 11/6/2017
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CHARTER COMMISSION MEETING OF OCTOBER 2,2017 PAGE 2
OLD BUSINESS
DISCUSSION OF CHAPTER 7
Chairperson Ostwald suggested the Commission review the draft of Chapter 7 made upon
recommendation of the Finance Director.
Section 7.023.A.—Recycling Fees
Finance Director Peterson said recycling fees were not mandated by the state when originally
created. The City chose to have a centralized service and bill for those services as part of the
utility bill. The City felt recycling should be reclassified as a utility type fee because the City
goes through the same process when determining what to collect for the rates as it does for water
and sewer. When the City renegotiates the recycling contract,the charter restriction limits the
ability of increasing the fee. For example, if fuel prices go up, the City cannot increase or pass
on that cost. As the City does not have the funds to pay for the increases, the funds are taken
from another fund to support the increase. She said the charter definition states a fee or tax as
affecting all property owners,however, the recycling fee does not affect all properties. Recycling
is only charged to residential properties with twelve(12)units or less. So it truly does not meet
the definition of a tax that is charged to every property owner. Staff recommended recycling fee
be redefined as a utility like water and sewer. She said the Commission should decide if it
should be redefined and understood it was controversial. However,in light of the levy
restrictions and the change in the law that recycling is now mandatory,it was appropriate to
revisit the issue at this time.
Commissioner Reiland asked if the fees could be increased at any time.
Ms. Peterson said the City signs a multi-year contract that provides an inflationary calculation
that can increase the recycling fee rate, and that rate is not the same rate as the charter restriction.
She said the City is in the process of going out for bids for recycling as the contract is nearing its
term. Recently organics collection was added to the city code. While it is not mandatory,
legislation may change and it may become mandated at some date in the future.
There was further discussion on what organics were and general questions on where the City was
with that initiative.
The Commissioners had a brief discussion about Section 7.02.3.0 and it was determined the
redlined sentence would not be redlined and the word described would be changed to
"referenced"in Section 7.02.3.B above.
Commissioner Kranz asked Ms. Peterson to explain why the charter language was out of date.
Ms. Peterson said the charter is so specific that when a law changes, even something as simple as
a date, the Charter becomes out dated. She reviewed many other city charters and looked for
consistencies or patterns. In addition she reviewed the League of Minnesota Cities (LMC)web
site and policies. Based on that information, she made changes that were easier to understand
APPROVED 11/6/2017
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CHARTER COMMISSION MEETING OF OCTOBER 2,2017 PAGE 3
and removed some of the specifics and referenced state law or state auditor guidelines. Ms.
Peterson said if everyone agreed with this section they could move to the next section.
Commissioner Reiland MOVED and Commissioner Starck seconded a motion moving recycling
fees from section A to section B,referencing state law and adding one sentence to section C as
referenced while removing the strikeouts.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
Section 7.04 Preparation of the Budget
Ms. Peterson said the LMC has specific guidelines on what should be included in a budget
document and references specific statutes. Staff recommended this section be simplified by
acknowledging the city manager should have discretion on what to provide to the City Council
regarding the different funds. The City is different than the private sector as it has many funds
that all have special uses requiring special reporting and accounting. This section outlines the
general fund and special revenue funds where reporting requirements are similar. It still
identifies the required columns like prior year activity and current year projections. It also
specifies the broad categories of expenditure types and organizations units(rather than
departments which are very specific). This would provide the city manager more flexibility on
how the budget is presented to the city council. Ms. Peterson said there were other funds where
that format would not work. An example would be a business type fund, (i.e., utility fund)where
you do not record capital as an expense,but rather record an annual depreciation figure.
Additional language was added to this section to differentiate between the different types of
funds.
Ms. Peterson said Section 2 was very specific and did not appear in other charters reviewed.
What discovered in the current chapter was that when you have a small department and you are
required to list specific employee information in the budget document,you can pretty much
determine who that person is and what kind of health insurance or benefits they have or other
private information which could be a violation of HIPPA and other regulations. Since we have
that information and know what is public or private,it is better to list broad categories rather
positions. The recommendation would be to omit this section.
Commissioner Braam wondered if it was still prepared with specific information by the finance
director and provided to the city manager and if there was a question during an audit if it would
be available. Ms. Peterson said yes,the City had a large budget document that would have this
information,however,the city council preferred to see more of a summary budget.
Commissioner Rolstad MOVED and Commissioner Kranz seconded a motion approving the
recommended changes to Section 7.04 as provided.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
APPROVED 11/6/2017
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CHARTER COMMISSION MEETING OF OCTOBER 2,2017 PAGE 4
Section 7.06 Enforcement of the Budget
Ms. Peterson said after reviewing other charters and looking at what has worked well for the City
for enforcing the budget, staff recommends simplifying this section to reference the provisions of
the budget and financial policies. The current charter also states that anyone that purchases
something outside of the budget could be liable for the purchase and is very specific. If needs
change during the year,the proposed changes provide more flexibility but still require employees
stay within their allotted budget.
The Commissioners discussed the last sentence regarding excess amount wondering whether the
word shall or will should be used in the last sentence. Ms. Peterson stated that the reason you
may want to say"may"vs. "shall" is that there may be an emergency that may cause you to go
over the budget. After further discussion it was agreed the word"may"should be used. There
may be a reason it is not a part of the appropriate budget,but you cannot foresee an emergency.
Commissioner Reiland suggested inserting the word"an"before "officer of City employee"
Commissioner Rolstad MOVED and Commissioner Johnston seconded a motion approving
Section 7.06 with the addition of"an"before the word"officer"as recommended by staff.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
Section 7.07 Alterations in the Budget.
Ms. Peterson said she tried to make changes in this section to be consistent with the section
above referring to budget resolution and removed language that did not change the content of the
section.
Chairperson Ostwald asked why reduced salaries was specifically being removed. Ms. Peterson
said the council adopts a revised budget so she tried to keep this section more general because if
the budget needs to be revised for any purpose, it has to go to the city council by resolution.
After some discussion the Commissioners agreed,if reducing the budget, to the following
language... "the sums appropriated for any purpose by the budget resolution or authorize the
transfer of sums from the unexpended balances of the budget to other purposes."
Commissioner Kranz MOVED and Commissioner Reiland seconded a motion approving the
proposed language just read(as shown in above paragraph).
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
Section 7.10 Tax Settlement with County
APPROVED 11/6/2017
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CHARTER COMMISSION MEETING OF OCTOBER 2,2017 PAGE 5
Ms. Peterson said after reviewing other charters staff found our charter was very detailed, which
other charters were not. She was recommending deleting the language,but the Commissioners
could decide whether to keep it in, change the language or remove it. She said the County
followed their own statutes and regulations and they know when they have to provide the cities
with our tax levies. She felt the City could not make a demand on the County to turn funds over.
Section 7.11 Disbursements How Made
Ms. Peterson said it identifies a process that has now become more automated and staff felt this
section could be deleted. She said in the past when disbursements were made,payments would
be late due to certain regulations or approvals needing to be met before payments could be made.
This section is no longer included in other charters reviewed and with technology things are
changing with ACH's and wire transfers.
Commissioner Findell wondered if there was still a paper trail for these processes. Ms. Peterson
said yes, laws are very specific as to how Cites can process payments and our auditor ensures we
adhere to those requirements. She said there are internal controls that have been created to
address the new payment processing technology.
Commissioner Rolstad MOVED and Commissioner seconded a motion approving the deletion of
Sections 7.10 and 7.11 and renumbering the following sections.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
Section 7.12 Funds to be kept
Ms. Peterson said this section should be updated to match the state auditor chart of account
guidelines and Generally Accepted Accounting Procedures(GAAP)by removing the fund names
and descriptions to simplify and allow the City to follow one standard for consistency. Staff's
recommendation is to create a new first paragraph and delete the remaining language in this
section. The changes remove any specifically defined account which allow the City to adjust as
there may be new accounting standards or funds.
The language was discussed and the Commissioners agreed the word"the"before resolution
would be removed in the second line of the paragraph.
Commissioner Rolstad MOVED and Commissioner Reiland seconded a motion approving the
changes made to section 7.12 by re-numbering to Section 7.10, creating a new paragraph and
deleting the remainder of the language.
Section 7.13 Receipts to go to City Treasurer
APPROVED 11/6/2017
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CHARTER COMMISSION MEETING OF OCTOBER 2,2017 PAGE 6
Ms. Peterson said this section is outdated and the recommendation is to delete this section as it is
similar to accounts payable but is the receipting process.
Commissioner Rolstad MOVED and Commissioner seconded a motion approving the
deletion of this section and renumbering the reminder of the chapter.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
Section 7.14 Accounts and Reports
Ms. Peterson said the section should be simplified and updated. The upper sections talks about
how the City needs to follow the rules and that the city manager shall submit the report rather
than stating how often or what to report. It is left to the discretion of the city manager and
requires the City follow the law at the end of the year when the audit is finalized.
Commissioner Findell wondered if there needed to be a timeline of when reports are due.
Commissioner Rolstad felt there should be no timeline and that it be open ended as it is written
in state law when those reports are due.
Commissioner Rolstad MOVED and Commissioner Braam seconded a motion approving the
staff recommended changes, adding a comma after"Once a year," and renumbering of the
remainder of the section.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
Section 7.15.Bonded Debt and Debt Limit
Ms. Peterson said bonding is clearly defined in Minnesota statute and each bond has unique
requirements. Bonds are an expensive method of borrowing money and there are other options
the City should be able to utilize such as certificates and other bank notes that are less expensive.
The City should be able to take advantage of all types of indebtedness legally available rather
than the limitations of this section. In reviewing other charters,they called it indebtedness and
referred to state law. There is another tool on the LMC website explaining the types of debt
available to cities and rules that apply. Not only is there a rule on how much we can borrow and
how we calculate the limit, every bond has very specific requirements. She simplified the
language to reference the state laws and took out the limit we set upon ourselves which was less
restrictive than state law.
Commissioner Findell said the words at the end of the first paragraph..."by
of Minnesota state law"should be removed.
APPROVED 11/6/2017
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CHARTER COMMISSION MEETING OF OCTOBER 2,2017 PAGE 7
Commissioner Reiland suggested removing the word"the"at the end of the first sentence and
end the sentence after the word"law and begin a new sentence "The Council may at its
discretion..."with a comma after members.
Commissioner Rolstad MOVED and Commissioner Johnston seconded a motion approving the
changes recommended by staff to Section 7.15 and as provided in the paragraph above.
Commissioner Findell wondered if there was an area in the charter or state statute that describes
how special assessments are paid back as that seems to be language being deleted. Ms. Peterson
said Chapter 429 provides for special assessments and there is a special assessment policy that
would provide specific information on how the assessment is calculated and paid back. The
interest collected goes go back into the street construction fund. If it was a bonded special
assessment, it would be defined during the bonding process as to who will be assessed,how the
funds are managed and the county would then administer the annual collection from those
assessed.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
Section 7.16.Form and Repayment of Bonds
Ms. Peterson said this was not found in other rules or charters and that is because the County
establishes the amount collected for the debt levy and state law identifies the other specifics
listed in this section which are all dependent on the type of borrowing.
Commissioner Rolstad MOVED and Commissioner Starck seconded a motion approving the
recommendation to delete the language and continue to renumber the chapter.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
Section 7.17.Debt and Tax Anticipation Certificates/Section 7.18 Bonds outside the Debt
Limit
Ms. Peterson said she tried to make the charter more consistent with other charters by
simplifying, amending and deleting unnecessary language. Tax Anticipation and Emergency
Debt address two different types of borrowing,both used to address emergencies.
The City receives two installments from the County each year for property taxes. Tax
Anticipation Certificates are a short-term borrowing to bridge the gap between these two
installments.
Commissioner Rolstad MOVED and Commissioner Starck seconded a motion approving the
recommended changes to section 7.17 and 7.18 and renumbering the remainder of the charter.
APPROVED 11/6/2017
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CHARTER COMMISSION MEETING OF OCTOBER 2,2017 PAGE 8
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
Section 7.14 Emergency Debt Certificates (NEW SECTION)
Ms. Peterson explained that this emergency type debt allows the City to borrow funds in the
event of a natural disaster or unforeseen emergency.
Commissioner Rolstad wondered if in the new section if the word"deb" should be"debt"and it
was.
Commissioner Rolstad MOVED and Commissioner Granroos seconded a motion approving the
recommended new language as Section 7.14 and changing the word"deb"to"debt".
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
Chairperson Ostwald directed staff to prepare a draft ordinance of the changes for the next
meeting.
The Commissioners wondered if the language had been reviewed by an attorney. Ms. Peterson
said the City's bond counsel has reviewed our chapter and recommends the revisions. She said
she would provide the latest revisions to the city attorney and bond counsel for review.
NEW BUSINESS
There was no new business.
FUTURE MEETING TOPICS/COMMUNICATIONS
Final review of draft ordinance to Chapter 7 of the Charter
Discussion of Chapter 8
ADJOURNMENT:
Commissioner Kranz MOVED and Commissioner Braam seconded a motion to adjourn the
meeting.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:45 P.M.
Respectfully submitted,
Debra A. Skogen,MMC, City Clerk/Staff Liaison
Commissioner Manuel Granroos, Secretary
APPROVED 11/6/2017
101
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
NOVEMBER 6,2017
CALL TO ORDER:
Chairperson Ostwald called the Charter Commission meeting to order at 7:00 p.m.
ROLL CALL:
Members Present: Commissioners Gary Braam,Zach Crandall,Don Findell, Manuel
Granroos, Richard Johnston, Ted Kranz,Bruce Nelson, David Ostwald,
Barb Reiland, Valerie Rolstad,
Members Absent: Commissioners Rick Nelson, Pam Reynolds, Cindy Soule, Avonna Starck
and Richard Walch
Others Present: Deb Skogen, City Clerk/Staff Liaison
Shelly Peterson, Finance Director
Councilmember Bob Barnette
APPROVAL OF AGENDA
Commissioner Granroos MOVED and Commissioner Rolstad seconded a motion approving the
meeting agenda.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
APPROVAL OF MINUTES
Ms. Skogen recommended changing the attendance to reflect that Rick Nelson was not at the
meeting,however, Bruce Nelson was.
Commissioner Braam MOVED and Commissioner Findell seconded a motion approving the
Charter Commission meeting minutes of October 2, 2017 with the recommended changes.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED.
ADMINISTRATIVE MATTERS
A. 2018 Meeting Dates
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CHARTER COMMISSION MEETING OF NOVEMBER 6,2017 PAGE 2
Chairperson Ostwald asked if the Commission would like to meet quarterly instead of
monthly as they had been doing. He said they did not have a big agenda and thought fewer
meetings would be okay. He said more meetings could be called if needed.
Commissioner Braam suggesting scheduling meetings dates for the whole year and felt
meetings could be cancelled if there were no topics or issues to discuss.
After reviewing the dates for 2018, Commissioner Braam MOVED and Commissioner
Granroos seconded a motion scheduling the 2018 Charter Commission meeting dates for
January 2,February 5,March 5, April 2, May 7, September 4 and October 1.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED
THE MOTION CARRIED.
B. Commission Meeting Attendance
Chairperson Ostwald said he had reviewed the attendance records for the year and was
concerned there were a few people who had missed 3 meetings in a row. He said he knew
they wanted to serve and recommended sending letters reminding them about attendance to
find out if they were still committed to the Commission.
Commissioner Reiland MOVED and Manny Granroos seconded a motion directing city staff
to send letters to the commissioners who had missed 3 meetings or more in a row to reaffirm
their commitment to the Commission.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED
THE MOTION CARRIED.
OLD BUSINESS
A. Discussion of Chapter 7
Ms. Peterson said she had talked with the City Attorney and City Bond Counsel pertaining to
the proposed amendments. She had not heard from the City Attorney but had heard from the
Bond Counsel. The Bond Counsel felt the changes were appropriate and felt that Sections
7.13 and 7.14 could be omitted as they were more of a redundancy as these sections would
also be covered under Section 7.12,the first paragraph,which covers the City's ability to
borrow. While redundant, it was not critical and that the Commissioners could make that
determination.
Commissioner Findell felt anyone reading this section of the Charter would have a better
understanding if the two sections were left in.
Commissioner Reiland felt the detail was necessary.
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CHARTER COMMISSION MEETING OF NOVEMBER 6,2017 PAGE 3
After further discussion, Chairperson Ostwald said the consensus was to keep the two
sections as part of the proposed amendment.
Commissioner Braam wondered if the City Attorney should review the amendment.
Ms. Peterson said she had done an extensive review of other charters and the state statute. In
addition, as the Bond Counsel felt the language was appropriate, she was comfortable with it.
Commissioner Kranz thanked Ms. Peterson for all of her hard work and dedication in helping
them to better understand this Chapter of the Charter. Commissioners Johnston and Braam
also expressed their thank you.
Commissioner Rolstad MOVED and Commissioner Johnston seconded a motion approving
the proposed amendments made to Chapter 7 as provided in the meeting agenda packet.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED
THE MOTION CARRIED.
Commissioner Rolstad MOVED and Commissioner Johnston seconded a recommending
staff provided the proposed ordinance to the City Council for their review and public hearing.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED
THE MOTION CARRIED.
Ms. Peterson thanked the Commissioners for all of their hard work and dedication in
reviewing and amending Chapter 7 of the Charter.
NEW BUSINESS
A. Discussion of Chapter 8
There was some discussion about Section 8.01 pertaining to the City Plan. Ms. Skogen
reminded the Commissioners this section had been amended in 2013 and if they had any
changes,they may want to discuss this Chapter with the departments involved. She said she
understood the need to make the language easier to understand but wanted to remind them
they should steer away from making changes that would affect how zoning is completed.
Commissioner Crandall wondered if in Section 8.02 the word authority should be used rather
than power to remain consistent in the chapters,referring back to Chapter 7.
The commissioners reviewed the definition of authority and power and determined authority
provided the power or right to govern.
Commissioner Crandall wondered if some of this section could be bullet pointed like the first
section to make it easier to understand.
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CHARTER COMMISSION MEETING OF NOVEMBER 6,2017 PAGE 4
After further discussion, Commissioner Reiland MOVED and Commissioner Rolstad
seconded a motion that Section 8.02 be amended as follows:
Section 8.02. ENFORCEMENT OF CITY PLAN.
The Council shall have ll neee z ary power full authority, acting through the City Manager, to
enforce complete adherence by all persons to the plans adopted as provided above, and to adopt
and enforce a comprehensive zoning ordinance. The Council shall have- pass
ordinances to regulate_
• the use of private property.;
• the height of buildings:_
• aii-d-the proportion of the area of any lot which may be built upon_ and
• to establish building lines.
Such power authority shall be exercised to promote public health, safety, morals, welfare and
convenience.
FUTURE ITEM TOPICS
• Term expirations for 2018
• Discussion of Chapter 8—having staff provide the information to the Community
Development Director for his opinion on recommended changes.
ADJOURNMENT:
Commissioner Reiland MOVED and Commissioner Rolstad seconded a motion to adjourn the
meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON OSTWALD DECLARED THE
MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:07 P.M.
Respectfully submitted,
Debra A. Skogen, MMC
City Clerk/Staff Liaison
Commissioner Manuel Granroos, Secretary
105
Attachment 2
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CHARTER CHAPTER 7. TAXATION
AND FINANCES
The Fridley City Charter has completed its review of Chapter 7 and has recommended an
amendment of the City Charter by Ordinance to the City Council on November 7, 2017.
The Fridley City Council hereby finds after review, examination and recommendation of the
Charter Commission that Fridley City Charter Chapter 7 related to taxation and finances should
be hereby amended and ordains as follows:
FRIDLEY CITY CHARTER
CHAPTER 7. TAXATION AND FINANCES.
SECTION 1: THAT SECTION 7.02.3 BE HEREBY AMENDED AS FOLLOWS:
Section 7.02. POWER OF TAXATION
3. Any other fees created, or increased beyond the limits set forth in subsection 1, shall require
voter approval as stipulated in subsection 2.
A. For the purposes of this subsection, "fees" includes sales and use taxes,recycling fees,
gas and electric franchise fees and any other fee that produces a tax burden or direct
financial obligation for all property owners and/or residents of Fridley. (Ref Ord 1152,
1244)
B. For the purposes of this subsection,the term "fees" does not include: utility charges,
recycling fees,Parks and Recreation Department participation fees, charges for photo-
copying, sales of municipal liquor store products,or civil and criminal fines and other
charges collected in cases of restitution or violation of law or contract. The term "fees"
also does not include rental housing fees,building permit fees,liquor license fees, the
extension or transfer of cable television service authority to additional service providers
for which fees are already being charged, fees for the operation of junk yards, annual
license fees for the operation of pawn shops and other regulated business, and any other
charge for services,including health and safety related Code enforcement, and other
goods, services or materials routinely provided by the City to its citizens or other
members of the public which,by law,must be limited to the actual cost of the service
being provided. The term"fees" shall not include any special assessments made under
Minnesota state law. Statutes Section 429. (Ref Ord 1152, 1244)
C. All fees and other charges referenced in section B above shall be designed to cover the
cost of the service and anticipated future costs. For the purposes of this subsection, "fee
increase" includes a new tax or fee, a monetary increase in an existing tax or fee, a tax or
fee rate increase, an expansion in the legal definition of a tax or fee base, and an
extension of an expiring tax or fee. (Ref Ord 1152)
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Ordinance No. Page 2
SECTION II: THAT SECTION 7.04. PREPARATION OF ANNUAL BUDGET BE
HEREBY AMENDED AS FOLLOWS:
Section 7.04. PREPARATION OF ANNUAL BUDGET
The City Manager shall prepare the estimates for the annual budget The budget shall include all
funds identified by the City Manager as requiring annual budget estimates. The budget whish
shall include any estimated deficit/surplus for the current year. The budget shall contain
sufficient detail to be readily understood and contain explanatory statements as deemed
necessary.
The estimates of revenues and expenditures for general and special revenue funds shall be la
organizational unit and include comparative figures for the current fiscal year and actual figures
for the two preceding fiscal years. .. - . - . .., .-- - . -- . . _- . Eaeh
Expenditure estimates shall be divided into three(3)major subdivisions as follows:
A. Salaries and Wages,
B. Ordinary Expenses,
C. Capital Outlay.
In funds other than general and special revenue,the proposed expenditures shall be presented in
an understandable manner according to the discretion of the City Manager.
of revenues for the ensuing fiscal year. The estimates shall be-submitted to the Council at its
Publication prior to November 15.(Ref. Ord. 625, Ord. 916)
SECTION III: THAT SECTION 7.06 ENFORCEMENT OF THE BUDGET BE
HEREBY AMENDED AS FOLLOWS:
Section 7.06. ENFORCEMENT OF THE BUDGET.
It shall be the duty of the City Manager to enforce strictly the provisions of the budget in accordance
with the City Council budget resolution and other financial policies of the City. The City Manager
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Ordinance No. Page 3
= o - . -: --• - - - . No officer or employee of the City shall place any orders or make any
purchases except for the purposes and to the amounts authorized in the budget resolution. Any
obligation incurred by any person in the employ of the City an officer or City employee for any
purpose not authorized in the budget resolution or for any amount in excess of the amount therein
authorizedkall appropriated in the budget resolution or in excess of available moneys in any fund
of the City may be considered a personal obligation upon the person incurring the expenditure.
(Ref. Ord. 857)
SECTION IV: THAT SECTION 7.07. ALTERATIONS IN THE BUDGET BE HEREBY
AMENDED AS FOLLOWS:
Section 7.07. ALTERATIONS IN THE BUDGET.
After the budget shall have has been duly adopted,the Council shall not have power to increase the
amounts therein fixed in the budget resolution,whether by the insertion of new items or otherwise,
beyond the estimated revenues,unless the actual receipts shall exceed such estimates, and in that
event,not beyond such actual receipts. - - . - . • . . . --
The Council may at any time,by resolution passed by a vote of at least four(4)members of the
Council,reduce salaries or the sums appropriated for any purpose by the budget resolution,or by
vote of at least four(1)members of the Council authorize the transfer of sums from the unexpended
balances of the budget to other purposes. (Ref Ord. 946)
SECTION V. THAT SECTIONS 7.10. TAX SETTLEMENT WITH COUNTY AND 7.11.
DISBURSEMENTS HOW MADE BE HEREBY REPEALED IN THEIR ENTIRETY AS
FOLLOWS:
Section 7.10. TAX SETTLEMENT WITH COUNTY.
Section 7.11. DISBURSEMENTS, HOW MADE.
All disbursements shall be made only upon the order of the City Manager or designee, duly
person in whose favor the order was drawn. The Treasurer shall issue no check upon any City
funds except upon such order. In the discretion of the Council the order and check may be a single
instrument. No claim against the City shall be allowed unless accompanied by either an itemized
make additional regulations for the safekeeping-and disbursement-of the City's funds. The Council
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Ordinance No. Page 4
SECTION VI: THAT SECTION 7.12. FUNDS BE KEPT BE HEREBY AMENDED AS
FOLLOWS:
Section 7.-1-2 10. FUNDS TO BE KEPT.
There shall be maintained by the Finance Director a classification of funds which shall provide for a
general fund and funds required by law, ordinance, or resolution and meet generally accepted
accounting standards and procedures. The Council may, by resolution, make interfund loans where
permitted by law except from funds held by the City as a trustee or custodian or in the capacity of an
agent. • _ _. . - - - - ••_ :
B. A debt service fund, into which shall be paid all receipts from taxes or other sources
C. A bond fund, into which shall be paid and disbursed the proceeds of all bonds issued
such bonds.
D. A special assessment fund, which shall be used to finance local improvements that
property. There shall be paid into this fund: (1) collections of special assessments,
- _ - , - . . _ - . -- - _. . . . - - ----- - .. - . -
proceeds of interfund loans; (3) amounts from other City funds representing either
(a) apportionments of costs against the City at large, (b)benefit assessments against
be paid out of this fund: (1) all expenses and costs of the improvement projects that
are financed through the fund; (2) the redemption of all special assessment fund
of receipts in error. The Council shall maintain the integrity of this fund by
109
Ordinance No. Page 5
this Chapter; provided that the aggregate amount of such bonds and certificates
and (3) the cash reserve for working capital as previously determined by
E. A public utility fund into which shall be paid all money derived from the sale of
F. In addition to the foregoing funds, there may be maintained in the City Treasury,
held by the City as trustee or custodian or in the capacity of an agent for
(3) Such other funds as may be required by statute-or ordinance. In lieu of
-_ . .. . , - •- - - , , :. .
from time to time
SECTION VII: THAT SECTION 7.13 RECEIPTS TO GO TO CITY TREASURER BE
HEREBY REPEALED IN ITS ENTIRETY AS FOLLOWS:
Section 7.13. RECEIPTS TO GO TO CITY TREASURER.
110
Ordinance No. Page 6
SECTION VIII: THAT SECTION 7.14 ACCOUNTS AND REPORTS BE HEREBY
AMENDED AS FOLLOWS:
Section 7.4-4 11. ACCOUNTS AND REPORTS.
The accounts of the city shall be maintained in accordance with generally accepted governmental
accounting standards and procedures. The City Manager shall submit such reports as will be
necessary in order to keep the Council fully informed of the financial conditions of the City. Once a
year in accordance with Minnesota state law,the City Manager shall submit a complete financial
report of the City, for the preceding fiscal year. This report shall contain audited financial
statements and disclosures which present the City's financial position. A summary of the report
shall be published in the official newspaper in a format consistent with the Minnesota State Auditor
requirements. - • _ . .. - -: e ` - • , ' .,•. - - - •• - - =- , . , -
Ref. Ord. 625, Ord. 857)
SECTION IX: THAT SECTION 7.15. BONDED DEBT AND DEBT LIMIT BE HEREBY
AMENDED AS FOLLOWS:
Section 7.45 12. BONDED DEBT AND DEBT LIMIT INDEBTEDNESS.
1. In addition to all the powers in respect to borrowing and the issuance of bonds and other
obligations for the payment of money specifically or impliedly granted by this Charter, and
any amendments thereto, the City shall have all the powers in reference to these subject
matters granted to cities of its same class by the laws of the State of Minnesota state law. in
force from time to time. The City shall have the power to issue and sell its bonds to the
State of Minnesota and to comply with all provisions of law relative to loans to
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Ordinance No. Page 7
2. The Council by a vote of at least four (4) of its members may authorize the issuance of the
bonds to provide funds for any public purpose not prohibited by law;. Of The City Council
may in at its discretion, by a majority vote of all of its members, submit to the electorate
propositions for the issuance of such bonds. When such a proposition is submitted to the
electorate,no bonds or other term obligations of the City maybe issued except pursuant to a
favorable vote of a majority of those voting on the proposition of their issuance. the
proceedings for the issuance of any bonds, by the terms of the bonds and by agreements
authorized by State law for cities of the same class, whichever is the greater, but in
.
the extent that they are payable from the proceeds of assessments levied upon property
a permanent improvement revolving fund; or (1) for the purpose of anticipating the
- - . .. - - , _ • . . (Ref. Ord. 857)
SECTION X: THAT SECTION 7.16. FORM AND REPAYMENT OF BONDS BE
HEREBY REPEALED IN ITS ENTIRETY AS FOLLOWS:
Section 7.16. FORM AND REPAYMENT OF BONDS.
No bonds shall be issued to run for longer than the reasonable life expectancy of the property or
the City Manager to include in the budget estimates each year a sum or-sums amply sufficient to pay
outstanding. It shall be the duty of the Council, enforceable by mandamus upon the suit of any
112
Ordinance No. Page 8
pet which it passes. (Ref. Ord. 857)
SECTION XI: THAT SECTION 7.17. DEBT AND TAX ANTICIPATION
CERTIFICATES BE HEREBY AMENDED AS FOLLOWS:
Section 7A-7 13. DEBT AND TAX ANTICIPATION CERTIFICATES.
In a manner consistent with Minnesota state law, at any time after January 1, following the making
of an annual tax levy, the council may issue certificates of indebtedness in anticipation of the
collection of taxes levied for any fund and not yet collected. The total amount of the certificates
issued against any fund for any year with interest thereon until maturity shall not exceed ninety
percent L90%) of the total current taxes for the fund uncollected at the time of the issuance. Such
certificates shall be issued on such terms and conditions as the Council may determine but they shall
become due and payable not later than the 1'day of April of the year following their issuance. The
proceeds of the tax levied for the fund against which tax anticipation certificates are issued and the
full faith and credit of the City shall be irrevocably pledged for the redemption of the certificates in
the order of their issuance against the fund.
1. If in any year, the receipts from taxes or other sources should from some unforeseen cause
passed as an emergency ordinance. (Ref. Ord. 592)
2. For the purpose of providing necessary moneys to meet authorized expenditures, the
Council may issue certificates of indebtedness in any year prior to the receipt of taxes
. -- - . • ,•.. . , . . - , ..- . ' .. •.- . (Ref. Ord. 592)
SECTION XII: THAT SECTION 7.18. BONDS OUTSIDE THE DEBT LIMIT BE
HEREBY REPEALED IN ITS ENTIRETY AS FOLLOWS:
Section 7.18. BONDS OUTSIDE THE DEBT LIMIT.
Without limit as to amount, the Council-may ifssue bends for legal purposes eutside of the debt
limit: (a) for the creation and maintenance of a permanent improvement revolving fund, (b) for
extending, enlarging, or improving water supply system, lighting and heat and power plants, or
either, or other revenue producing public utilities of whatever nature, owned and operated by the
City, or of acquiring property needed in connection therewith, (c) for public improvements payable
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Ordinance No. Page 9
SECTION XIII: THT SECTION 7.14. EMERGENCY DEBT CERTFICATES BE
HEREBY CREATED AS FOLLOWS:
Section 7.14. EMERGENCY DEBT CERTIFICATES
If in any year, the receipts from taxes or other sources should from some unforeseen cause
become insufficient for the ordinary expenses of the City, as provided for in the budget, or if any
calamity or other public emergency should subject the City to the necessity of making
extraordinary expenditures, then the Council may by resolution, issue and sell certificates. A tax
sufficient to pay principal and interest on such certificates with the margin required by law shall
be levied as required by law. The authorization of an issue of such emergency debt certificates
shall take the form of a resolution approved by at least four(4) of the members of the council. It
may be passed as an emergency resolution and would be exempt from voter approval.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 20 .
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: December 18, 2017
First Reading:
Second Reading:
Publication Date:
114
AGENDA ITEM
Fndley CITY COUNCIL MEETING OF
JANUARY 8, 2018
To: Wally Wysopal, City Managed/
From: Shelly Peterson, Finance Director
Date: January 4, 2018
Re: Resolution Approving Revised Investment Policy
Background
Attached is the investment policy for the City of Fridley. This policy specifically outlines the
investment philosophy and practices of the City and the Fridley Housing and Redevelopment
Authority (HRA), and has been developed to serve as a reference point for the management of
City assets.
The City's investment policy was adopted by the City Council on June 25, 2012. City of Fridley
recently engaged a new investment advisor, Prudent Man Advisors Inc. (PMA)to manage the
investment portfolios. PMA is proposing a few updates that will more closely align the
investment policy with Minnesota State Statutel 18A.
Amendments
VIII.
• Authorized and Suitable Investments: Banker Acceptances ratings will require the highest
short-term credit rating from any two Nationally Recognized Statistical Rating Organizations.
This language is consistent with rating requirements in MN Statute 118A.
IX.
• Concentration of Credit Risk: Replace"class of securities"with"market sector"to align with
industry standards.
X.
• Collateralizations: Add standby letters of credit issued by Federal Home Loan Banks as an
additional tool to collateralize deposits. The amount of collateral shall be at least equal to the
amount on deposit for letters of credit consistent with MN Statute 118A. Also, combined and
rearranged paragraphs.
115
XII.
• Maximum Maturities: Security maturity limits will be measured for each of the City's
portfolios. "50% of the City's funds in each investment portfolio will be invested in securities
maturing in 5 years or less, with no more than 20%of the City's funds being invested in
securities maturing 12 years or more". Maturity can be defined by average life, worst call
date or expected life as opposed to final maturity.
Recommendation
Staff recommends Council approval of the attached resolution approving the revised investment
policy for the City and the HRA.
SMP
Attachments:
Resolution
Exhibit I—City of Fridley Investment Policy with revisions
116
RESOLUTION NO. 2018 -
A RESOLUTION APPROVING THE REVISED INVESTMENT POLICY FOR THE
CITY AND THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY
WHEREAS, the City of Fridley recognizes that an Investment Policy promotes acquisition of safe
investments by providing structure to the treasury function, and limiting the risk to public funds,
and
WHEREAS, the Investment Policy provides for a systematic review of public funds, and
WHEREAS, the Investment Policy was last updated in June of 2012 and after review by the
City's investment advisor, Prudent Man Advisors, Inc. (PMA), revisions to the Investment Policy
were recommended, and
WHEREAS, the Investment Policy has been revised in accordance with current State Statutes,
OSA's legal compliance guide, and model policies from the League of Minnesota Cities and the
Government Finance Officers Association.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley adopts the
Revised Investment Policy as identified as Exhibit 1 attached.
PASSED AND ADOPTED BY THE CITY COUNCIL ON THIS 8TH DAY OF JANUARY,
2018.
SCOTT J. LUND, MAYOR
ATTEST
DEBRA A. SKOGEN, CITY CLERK
117
EXHIBIT 1
City of Fridley
Investment Policy
Last undated and
annroved by City Council January 8.2018
Prepared by the Finance Department
City of Fridley Investment Policy Page 1
118
Investment Policy
Table of Contents
I. Purpose and Need for Policy 3
II. Scope 3
III. Prudence 3
IV. Objective 4
V. Delegation of Authority 5
VI. Ethics and Conflicts of Interest 6
VII. Authorized Broker/Dealers 6
VIII. Authorized and Suitable Investments 6
IX. Concentration of Credit Risk 8
X. Collateralization 8
XI. Safekeeping and Custody 9
XII. Maximum Maturities 10
XIII. Internal Control 10
XIV. Performance Standards 10
XV. Market Yield/Benchmark 10
XVI. Reporting 11
XVII. Investment Policy Adoption 11
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I. Purpose and Need for Policy
This policy specifically outlines the investing philosophy and practices of the City of Fridley
and the Fridley Housing and Redevelopment Authority(hereafter collectively referred to as
"the City"), and has been developed to serve as a reference point for the management of city
assets. It is the policy of the City to invest public funds in a manner which will provide for
the following in order of importance: Safety; Liquidity; and Yield(return on investment)
that conforms to all federal, state and local regulations governing the investment of public
funds.
The purpose of this Policy is to develop an overall program for cash investments, designed
and managed with a high degree of professionalism,worthy of the public trust;to establish
that elected and appointed officials and employees are custodians of a portfolio which shall
be subject to public review;to establish cash investment objectives, delegation of authority,
standards of prudence, internal controls, authorized investments,selection process for
investments, and broker representations.
II. Scope
This Investment Policy applies to all financial assets of the City. These funds are accounted
for within the City's Comprehensive Annual Financial Report and include:
• General Fund
• Special Revenue Funds
• Capital Project Funds
• Debt Service Funds
• Enterprise Funds
• Internal Service Funds
• Trust and Agency Funds
• Any new fund created by the City,unless specifically exempted by City Council.
III. Prudence
Investments shall be made with judgment and care,under circumstances existing at the time
the investment is made,which persons of prudence, discretion and intelligence exercise in
the management of their own affairs,not for speculation,but for investment,considering
probable safety of their capital as well as interest yield to be derived.
The standard of prudence to be used by investment officials shall be the "prudent investor"
standard and shall be applied in the context of managing the overall portfolio. Investment
officers acting in accordance with written procedures and the investment policy and
exercising due diligence shall be relieved of personal liability for an individual security's
credit risk or market price changes,provided deviations from expectations are reported in a
timely fashion and appropriate action is taken to control adverse situations. Investment
City of Fridley Investment Policy Page 3
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procedures developed for the Finance Department must be complied with by those with
access to and management responsibilities for City investments.
IV. Objective
At all times, investments of the City shall be in accordance with Minnesota Statutes Chapter
118A and amendments thereto. The primary objectives of the City's investment activities
shall be in the following order of priority:
A. Safety
Safety of principal is the foremost objective of the investment portfolio. Investments
shall be undertaken in a manner that seeks to ensure the preservation of capital in the
overall portfolio. The objective will be to mitigate credit risk,interest rate risk, and
custodial risk.
Credit Risk: Credit Risk is the risk of loss due to failure of the security issuer. Thus,
designated depositories shall have insurance through the FDIC(Federal Insurance) or
appropriate collateral. Credit Risk will be minimized by:
• Limiting investments to the type of securities listed in Section VIII of this
investment policy.
• Diversifying the investment portfolio so that the impact of potential losses from any
type of security or from any one individual issuer will be minimized.
Interest Rate Risk: Interest Rate Risk is the risk that the market value of securities in the
portfolio will fall due to changes in general interest rates. The City will minimize Interest
Rate Risk by structuring the investment portfolio so that securities mature to meet cash
requirements for ongoing operations,thereby avoiding the need to sell securities on the
open market prior to maturity. The City has also established diversification guidelines
and maturity limits to control the sensitivity of the portfolio to changes in interest rates.
Custodial Risk: The City will minimize deposit Custodial Risk,which is the risk of loss
due to failure of the depository bank(or credit union),by obtaining collateral or bond for
all uninsured amounts on deposit, and by obtaining necessary documentation to show
compliance with state law and a perfected security interest under federal law.
The City will minimize investment Custodial Risk by holding investments in securities
with a major bank's corporate trust department. Investment Custodial Risk is the risk that
in the event of failure of the counterparty to a transaction,the City will not be able to
recover the value of its investment securities that are in possession of an outside party.
Investments in investment pools and money markets are not evidenced by securities that
exist in physical or book entry form,and therefore are not subject to custodial Credit Risk
disclosures.
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B. Liquidity
The City's investment portfolio will remain sufficiently liquid to enable the City to meet
all operating requirements that might reasonably be anticipated. The portfolio will be
structured so that securities mature concurrent with cash needs to meet anticipated
demands(static liquidity). Furthermore, since all possible cash demands cannot be
anticipated,the portfolio should consist largely of securities with active secondary or
resale markets(dynamic liquidity). Alternatively,a portion of the portfolio may be placed
in money market mutual funds or local government investment pools which offer same
day liquidity for short-term funds.
C. Yield
The City's investment portfolio shall be designed with the objective of attaining a market
rate return. The core of investments is limited to low-risk securities in anticipation of
earning a fair return relative to the risk being assumed. Securities shall generally be held
until maturity with the following exceptions:
• A security with declining credit may be sold early to minimize loss of principal.
• A security swap would improve the quality,yield,or target duration in the
portfolio.
• Liquidity needs of the portfolio require that the security be sold.
D. Trading
Portfolio purchases will focus on holding investments until maturity to maintain securities
at amortized cost. Excessive investment portfolio turnover commonly referred to as
"trading"or"overtrading"to obtain short-term gains is not consistent with the City's
stated investment objectives and will be prohibited.
V. Delegation of Authority
The investment program shall be operated in conformance with federal, state, and other legal
requirements. Authority to manage the City's investment program is derived from the
following:
• Minnesota Statutes Chapter 118 A,Deposit and Investment of Local Public Funds
• Fridley City Charter Section 7.13,Receipts to go to City Treasurer
Management responsibility for the investment program is hereby delegated to the Finance
Director,who shall establish written procedures for the operations of the Investment Program
consistent with this Investment Policy. The Finance Director,with assistance from finance
department staff,monitors performance of the investment portfolio; and ensures that proper
internal controls are developed to safeguard investments assets. Procedures should include
reference to: safekeeping, delivery versus payment(DVP), investment accounting,wire
transfer agreements,collateral/depository agreements and
City of Fridley Investment Policy Page 5
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banking service contracts. Such procedures shall include explicit delegation of authority to
persons responsible for investment transactions.
No person may engage in an investment transaction except as provided under the terms of
this Policy and the procedures established by the Finance Director. The Finance Director
shall be responsible for all investment transactions and shall establish a system of controls
to regulate the activities of subordinate officials.
VI. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from conducting
personal business activity that could conflict with proper execution of the investment
program,or which could impair their ability to make impartial investment decisions.
Investment officials shall annually disclose to the City Clerk any material financial
interests as required by state statute on an annual Statement of Economic Interest form.
Employees and officers shall subordinate their personal investment transactions to those of
the City,particularly with regard to the time of purchases and sales, and shall refrain from
undertaking personal investment transactions with the same individual with whom business
is conducted on behalf of the City.
VII. Authorized Broker/Dealers
The City will conduct investment transactions only with authorized broker/dealers that
have met the following criteria:
• They act as primary or regional dealers that qualify under Securities&Exchange
Commission Rule 15C3-1(Uniform Net Capital Rule).
• Submit annually to the Finance Director a Minnesota State Auditor Broker
Certification Form.
All broker/dealer relationships,providing they meet the above requirements,will be
maintained at the discretion of the Finance Director. The purchase of all investments must
be from institutional brokers.
The City may enter into contracts with investment advisory firms at the discretion of the
Finance Director when their services are deemed beneficiary to the City. Any such firm
must be registered under the Investment Advisor's Act of 1940. The advisor may have
authority to transact investments on behalf of the City and must comply with State Statue
and this Investment Policy.
VIII. Authorized and Suitable Investments
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Based on the investment objectives as defined in section IV of this policy,the City will
limit its investments to securities authorized under Minnesota Statute 118A and future
revisions. Current statute allows the City to invest in the following types of securities:
• United States Securities including bonds,notes,bills,mortgages or other securities
which are direct obligations or are guaranteed or insured issues of the United States,
its agencies, its instrumentalities, or organizations created by an act of Congress.
Mortgage-backed securities that are defined as high risk or in certificates of deposit
secured by letters of credit issued by federal home loan banks are not permissible
investments.
• General obligation bonds of state or local governments rated A or better by a
national bond rating services.
• Revenue obligations of state or local governments rated AA or better by a national
bond rating service.
• General obligation bonds of the Minnesota Housing Finance Agency rated A or
better by a national bond rating service.
• General obligations of the Housing Finance Agency of any state rated AA or better
and if it includes the moral obligation of the state.
• Certificates of Deposits(Time Deposits)that are fully insured by the Federal
Deposit Insurance Corporation.
• Bankers acceptances of United States banks purchased on the secondary market
rated with the highest short-term credit rating of any two Nationally Recognized
Statistical Rating Organizations(NSROs),at the time of purchase. Maximum
maturity will be 270 days. • ••• . • ' : - • • • ••
• Commercial paper issued by United States corporations or their Canadian
subsidiaries that is rated A-1,P-1,or F-1 or better by at least two nationally
recognized rating agencies and matures in 270 days or less.
• Money Market Mutual Funds provided such investment company is registered under
the Federal Investment Company Act of 1940,and which holds itself out as a money
market fund meeting the conditions of rule 2a-7 of the Securities and Exchange
Commission and is rated in one of the two highest rating categories for money
market funds by at least one nationally recognized statistical rating organization,or
whose shares are registered under the Federal Securities Act of 1933,as long as the
investment company's fund receives the highest credit rating and is rated in one of
the two highest risk rating categories by at least one nationally recognized statistical
rating organization and is invested in financial instruments with a final maturity no
longer than 13 months.
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In addition,the share value of the money market funds must be equal to $1.00.
•The Minnesota Municipal Money Market Fund(4M)that was established by the League
of Minnesota Cities in 1987 to address the investment needs of Minnesota cities.
IX. Concentration of Credit Risk
It is the intent of the City to diversify its investments and thereby reduce the risk of loss
resulting from the over-concentration of assets in a specific maturity,issuer, institution,or
class of sccuriticsmarket sector.No more than 50% of the entity's total investment portfolio
will be invested in a single class of sccuriticamarket sector and no more than 15%of the
overall portfolio may be invested in the securities of a single issuer. The following
investments are exempt from diversification restrictions: U.S. Treasury and Agency
securities of the U.S. Government,Money Market Funds, Local Government Investment
Pools and Deposits.
Due to the fluctuations in the value of the portfolio,maximum percentages for a particular
issuer or investment type may be exceeded at a point in time subsequent to the purchase or
maturity of a particular security. Securities need not be liquidated to realign the portfolio;
however,consideration should be given to this matter when future purchases are made.
Given the smaller portfolio of the Housing and Redevelopment Authority,the above
restrictions will be waived. Prudent judgment in regards to concentration of credit risk should
still be exercised when possible.
X. Collateralizations
In accordance with Minnesota Statute 118a.03, financial institutions will be required to
provide collateral on the following:
• Certificates of Deposits(Time Deposits)
• Demand Deposits
• •_ - , • _ •• • • • o. • . - . - . •• •-. . . . . . • .4418
me -stipeetife,
The City chooses to limit collateral to the following U.S. government securities:
• Treasury Bills
• Treasury Notes
• Treasury Bonds
• Federal National Mortgage Associations(FNMA)
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• Federal Home Loan Bank(FHLB)
• Federal Farm Credit Bank(FFCB)
• Government National Mortgage Association(GNMA)
• Federal Home Loan Mortgage Corporation(FHLMC)
Deposits may additionally be collateralized by an irrevocable standby letter of credit issued
by Federal Home Loan Banks.
The underlvine securities will be subiect to periodic (monthivi market valuations to ensure
there is no market exposure, In order to anticipate market changes and provide a level of
security for all funds, the collateralization level will be 110%of market value of principal and
accrued interest except that where the collateral is irrevocable standby letters of credit issued
by Federal Home Loan Banks, the amount of collateral shall be at least equal to the amount
on deposit at the close of the financial institution's banking day.
For cash deposits on hand collateral will always be held by an independent third party with
whom the entity has a current custodial agreement. Clearly marked evidence of ownership
(safekeeping receipt)must be supplied by the entity and retained. Collateralization shall be in
the form of specific securities held for the City. The only exceptions are federal Depository
Insurance Corporation(FDIC), Securities Investor Protection Corporation(SIPC) and pre-
approved insurance coverage. The right of collateral substitution is granted, subject to
approval from the Finance Director.
XI. Safekeeping and Custody
Securities purchased shall be held in a segregated account for the City's benefit at a third
party trustee as safekeeping agent. The investment dealer or bank from which the security is
purchased shall issue a confirmation ticket to the City listing the specific instrument, issuer,
coupon,maturity,CUSIP number,purchase or sale price,transaction date,and other pertinent
information. The financial service provider who executes the transaction on the City's behalf
shall deliver all securities on a delivery versus payment method(DVP)to the designated third
party. DVP is a way of controlling the risk to which securities market participants are
exposed. Delivery of securities(i.e. the change in their ownership)is done simultaneously
with payment. This means that neither the buyer nor the seller is exposed to the risk that the
other will default.
Investments, contracts,and agreements may be held in safekeeping with:
• Any Federal Reserve Bank.
• Any bank authorized under the laws of the United States or any state to exercise
corporate trust powers including,but not limited to,the bank from which the
investment is purchased.
The City's ownership of all securities should be evidenced by written acknowledgements
identifying the securities by:
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• The names of the issuers.
• The maturity dates.
• The interest rates.
• Any CUSIP, serial numbers,or other distinguishing marks.
The City may not invest in securities that are both uninsured and not registered in the name of
the City and are held by either the counterparty or the counterparty's trust department or agent,
but not in the name of the City.
XII. Maximum Maturities
To the extent possible,the City will attempt to match its investment maturities with
anticipated cash flow liquidity demands(static liquidity). A majority 50%of the City's
funds in each investment portfolio will be invested in securities maturing in 5 years or less,
with no more than 20%of the City's funds being invested in securities maturing 12 years or
more. . . . . : . . - _ . .. . - . - - • ..
Maturity is measured by average life,worst call date or
expected life as opposed to final maturity.
Portfolio maturities shall be staggered to avoid undue concentration of assets in a specific
sector. Maturities selected shall provide for stability of income and reasonable liquidity.
Because of the inherent difficulties in accurately forecasting cash flow requirements,a
portion of the portfolio should be continuously invested in readily available funds such as
local government investment pools and/or money market funds to ensure that appropriate
liquidity is maintained to meet ongoing obligations.
XIII. Internal Control
The Finance Director is responsible for establishing and maintaining an internal control
structure designed to ensure that the assets of the City are protected from loss,theft or
misuse. The internal control structure shall be designed to provide reasonable assurance that
these objectives are met. The concept of reasonable assurance recognizes that(1)the cost of
a control should not exceed the benefits likely to be derived; and(2)the valuation of the
costs and benefits requires estimates and judgments by management.
The City will engage an external auditor for an annual independent review to assure
compliance with policies and procedures.
XIV. Performance Standards
The Investment portfolio will be designed to obtain a market average rate of return during
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budgetary and economic cycles,taking into account the City's investment risk constraints
and cash flow needs.
XV. Market Yield/Benchmark
The City's investment strategy is conservative. Under this conservative philosophy,the
City will purchase investments that fit in accordance with this policy. Given this strategy,
the basis used by the Finance Director to determine whether market yields are being
achieved shall be the 6-month Treasury Bill.
XVI. Reporting
The Finance Director is charged with the responsibility of including a report on investment
activity and returns which are included in the City's Comprehensive Annual Financial
Report. The report will include security diversification information,maturity breakdowns,
and investment earnings.
XVII. Investment Policy Adoption
The City's Investment Policy shall be adopted by the Finance Director as changes in State
law, GASB standards, or other governmental regulations dictate. Any modifications made
must be approved by the City Council.
Adopted by City Council-June 25, 2012
Amended by City Council—January 8, 2018
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AGENDA ITEM
JJ ) CITY COUNCIL MEETING OF
JANUARY 8, 2018
To: Wally Wysopal, City Mana
From: Shelly Peterson, Finance Director
Korrie Johnson,Assistant Finance Director
Date: January 4, 2018
Re: Resolution Approving City Procurement Policy
Background
Attached is the procurement policy for the City of Fridley. This policy specifically outlines the
purpose, objectives and guidelines for the City to ensure good stewardship of public funds when
making purchases. The policy was written in accordance of Minnesota Statute and also
conforms to the Federal Uniform Guidance Act. If approved by Council, this policy would
replace any existing procurement policy in place, including the internal memorandum from
March 25, 1992.
The Procurement Policy is intended to provide purchasing guidelines for both the City and the
Fridley Housing and Redevelopment Authority (HRA). This policy is consistent with current
City practices. Staff also received input from the Public Works and Human Resource directors to
ensure it addressed any concerns they may have. In addition, we've incorporated several
recommendations made by the City's independent auditors, Redpath and Company, to ensure
proper internal controls were included and that the document contained the necessary details as
they relate to federal grant requirements. This policy not only provides guidelines to ensure
consistency across departments on purchasing requirements, it also includes polices for the City
procurement card program and employee travel.
The City discontinued the use of credit cards back in 2013 and replaced them with purchasing
cards (Pcard). By switching from a credit card, the City is now able to better control individual
transactions amounts, card limits and the types of purchases allowed when directly paying for
purchases. This program was implemented through the State of Minnesota's cooperative
purchasing agreement and is audited annually during the City's independent audit. Although
staff who has been authorized a Pcard are required to sign an acceptance agreement, the policy
included as appendix A better outlines the program and its guidelines.
129
Lastly, appendix B replaces the travel policy from April 28, 1982. There are two significant
changes to note in the new policy. The first significant change is related to the decentralization
of purchasing that has occurred since the policy was initially implemented. The responsibility of
booking travel is at the department level and is no longer the responsibility of the Finance
Department. The other significant change with this new policy is the implementation of a per
diem rate for meals incurred as part of the travel, in lieu of reimbursements from a detailed
receipt. This will simplify the travel reimbursement process and provide a limit to the
reimbursement available for meals.
Recommendation
Staff recommends Council approval of the attached resolution approving the procurement policy
for the City and the HRA.
SMP
Attachments:
Resolution
Exhibit A—City of Fridley Procurement Policy
130
RESOLUTION NO. 2018-
A RESOLUTION APPROVING THE CITY OF FRIDLEY PROCUREMENT
POLICY FOR THE CITY AND THE FRIDLEY HOUSING AND
REDEVELOPMENT AUTHORITY
WHEREAS, the City of Fridley recognizes the importance of good stewardship when making
purchases with public funds, and
WHEREAS, a City of Fridley Procurement Policy provides guidelines to direct City and Fridley
Housing and Redevelopment Authority (HRA) staff when making purchases on behalf of the
City, and
WHEREAS, the previous purchasing policy was last updated in March of 1992 and revisions
were necessary to conform with Minnesota Statute and the Federal Uniform Guidance Act, and
WHEREAS,the procurement policy shall be in force and effect upon the date of adoption of this
resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley adopts the
City of Fridley Procurement Policy as identified as Exhibit 1 attached.
PASSED AND ADOPTED BY THE CITY COUNCIL ON THIS 8m DAY OF JANUARY,
2018.
SCOTT J. LUND - MAYOR
ATTEST
DEBRA A. SKOGEN - CITY CLERK
131
Exhibit I
City of Fridley Procurement Policy
PURPOSE
To Assure that all City expenditures are lawful by satisfying the following:
A. Public Purpose:As good stewards of public funds,City employees must use City funds for public
purpose expenditures.
B. Authority:There must be specific or implied authority for the expenditure in State Statute.
Further,the expenditure must be authorized in accordance with the City's annual budget
process.
C. Procedure:The expenditure must be properly approved by the City Council.
D. This policy supersedes all previous policies and/or memos referencing procurement,travel or
purchasing cards.
OBJECTIVES
This policy has the following objectives:
A. To ensure that taxpayer dollars provide goods and services as economically as possible.
B. To establish uniform purchasing procedures for all City staff and across all departments.
C. To ensure City expenditures are appropriately classified in the City's financial records.
D. To follow Minnesota Statute 471.345 as it relates to the purchase of supplies, materials,
equipment or the rental thereof,or the construction,alteration,repair or maintenance of real
or personal property
DECENTRALIZED PURCHASING
The City of Fridley has a "decentralized" purchasing program where individual departments are
responsible for making their own purchases.There are a few exceptions including the following:
A. Technology(Hardware and Software).Authorized purchasers must consult with the Information
Systems Manager prior to acquiring any hardware and/or software to ensure it is consistent
with the Technology Plan.
B. Vehicles.Authorized purchases must consult with the Fleet Manager prior to acquiring vehicles
and appurtenant equipment to ensure it is consistent with the maintenance resources.
C. Building Maintenance.All building repairs and maintenance should be coordinated with the
Facility Maintenance Division.
D. Other.General office supplies, paper and stationery products,etc.
PURCHASE ORDERS
Purchase orders may be used for any purchase, but requirements for their use are more specifically
outlined in the authorization section of this policy. In instances where purchase orders are used,the
following procedures are set forth:
A. The vendor name, mailing address and contact information is required.
B. A sufficient description and exact quantities of the respective purchase.
C. A calculation of total cost, including applicable tax,shipping and handling charges.
1. In the instance where exact costs are not known;an estimate is acceptable.
2. In the instance where quotes were required,they should be attached.
132
Exhibit I
D. The source of funding and applicable expenditure code for the respective purchase.
E. The purchase order shall be completed and signed prior to the respective purchase.
A memorandum or electronic correspondence(such as email)that provides the same level of detail as a
purchase order may be substituted in the purchasing process.
UNIFORM MUNICIPAL CONTRACTING LAW
The City will follow procedures as set forth in Minnesota Statute 471.345. Purchases should not be
separated into smaller components in order to eliminate an authorization threshold requirement. Labor
and materials may be separated to properly calculate sales tax.
For the purchase of supplies, materials or equipment estimated to exceed$25,000,the City must
consider the availability, price,and quality of the supplies, materials,or equipment available through the
State of Minnesota's cooperative purchasing venture(CPV) before purchasing through another source.
The finance department will keep a list of all allowable CPV's on file.
Purchasing Guidelines
Purchases up to$1,000
If the amount of the purchase is estimated to be less than$1,000,the purchase does not require
quotations.
Purchases over$1,000 and up to$10,000
If the amount of the purchase is estimated to be between$1,001 and$10,000,the purchase
may be made through a cooperative purchasing agreement with another government entity or
consortium. Quotes are optional and can be made on the open market and verbal. All
quotations obtained should be documented and kept on file for a period of at least one year
after their receipt.
Purchases over$10,000 and up to$25,000
If the amount of the purchase is estimated to be between$10,001 and$25,000,the purchase
may be made either upon quotation or a cooperative purchasing agreement with another
government entity or consortium. If the purchase is made upon quotation it shall be based,so
far as practicable,on at least two quotations of same or similar of comparable quality. All
quotations obtained shall be kept on file for a period of at least one year after their receipt.
Purchases over$25,000 and up to$100,000
If the amount of the purchase is estimated to exceed$25,000 but not to exceed$100,000,the
purchase may be made either upon sealed bids or by direct negotiation, by obtaining two or
more quotations for the purchase when possible,and without advertising for bids or otherwise
complying with the requirements of competitive bidding. Products or services quoted shall be
the same or similar and of comparable quality from each vendor. The City must consider the
availability, price and qualify of supplies, materials or equipment available through the state's
cooperative purchasing venture before purchasing from another source.All quotations obtained
shall be kept on file for a period of at least one year after their receipt.
133
Exhibit I
Purchases over$100,000
If the amount of the purchase is estimated to exceed$100,000,sealed bids shall be
solicited by public notice in the manner and subject to the requirements of the law
governing purchases by the municipality.The City must consider the availability, price
and quality of supplies, materials or equipment available through the state's
cooperative purchasing venture before purchasing from another source. If a cooperative
purchasing agreement is in place, bids are not needed.
Additional Purchasing Guidelines for Federal Grant Programs
For purchases under federal grant programs,two written quotes are needed for purchases greater than
$3,500. Multiple price or rate quotations must be obtained from an adequate number of qualified
sources(2 or more)for purchases greater than the micro-purchase threshold(currently set at$3,500).
(Ref.2 CFR 200.320(b)).
For all contracts for goods or services above the small purchase threshold,the City should document its
review of the excluded parties list(https://www.sam.gov)to ensure that certain parties,suspended
and/or debarred or otherwise excluded or ineligible contractors are not contracted with when using
federal[or state]dollars. [Ref. 2 CFR 200.213] Contractors that apply or bid for an award exceeding
$100,000 must file the certification required by the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352).
All purchases for construction projects using federal dollars in excess of$2,000 are required to follow
the Davis-Bacon Act and related federal regulations concerning labor standards applicable to federally
financed contractors.
To ensure fair and open competition and include affirmative steps to assure that minority businesses,
women's enterprises and other disadvantaged businesses are solicited and used whenever possible per
CFR 200.321
Exceptions
The City may contract for the purchase of supplies, materials,or equipment without regard to the
competitive bidding requirements of this section if the purchase is through the State of Minnesota's
cooperative purchasing venture or a national municipal association's purchasing alliance or cooperative
created by a joint powers agreement that purchases items from more than one source on the basis of
competitive bids or competitive quotations.Other exceptions may include: professional services,
insurance contracts, purchases from other government agencies,real estate,sole source vendors and
others as defined by Minnesota Statute 471.345.
Best Value Alternative. Minnesota Statute 412.311 allows the City to use a "Best Value"alternative
instead of awarding the bid to the lowest responsible bidder. Ask your department manager to contact
the City Attorney if you wish to use the Best Value alternative.
AUTHORIZATION
The City Manager is authorized to make or execute purchase contracts for routine services,equipment,
supplies or commodities as authorized in the City's annual budget. The City Manager may delegate
authority to make purchases and execute documents for purchasing items or services,as long as the
amount involved does not exceed the City Managers Authority.
134
Exhibit I
The City Manager has delegated authority to the City's department managers. A department manager,
at their discretion,may delegate authority to staff for routine operational purchases.
The following thresholds have been established to provide efficient procedures while still retaining
effective oversight. Please see Appendix C: resolution#17-1994 for a list of payments authorized
without prior council approval.
Purchases up to$25,000
Budgeted:If the purchase is specifically outlined in the department budget,the respective
department manager or their delegated purchaser is authorized to make the purchase,and
purchase orders are not required.
If the purchase is not in the department budget,a purchase order is required,and needs to be
signed by the department manager making the purchase.
If the purchase is not in the department budget and will result in a departmental budget
overage,a purchase order is required,and needs to be signed by the department manager and
the City Manager. The City Manager will provide a budget revision to Council for approval as
part of the budget process.
Purchases over$25,000 and up to$100,000
If the purchase is specifically outlined in the department budget,the respective department
manager or their delegated purchaser is authorized to make the purchase,and purchase orders
are required.
If the purchase is not in the department budget,a purchase order is required,and needs to be
signed by the department manager making the purchase and the City Manager.The City
Manager will provide a budget revision to Council for approval as part of the budget process if
the purchase will result in a budget overage for the department.
Purchases over$100,000
If the purchase is specifically outlined in the department budget and is purchased is made
through a cooperative purchasing agreement a purchase order is required,and needs to be
signed by the department manager making the purchase and the City Manager.
If bids are solicited for goods or services then acceptance of the selected bid must be presented
to and approved by City Council before work commences on the project. Any subsequent
change orders also require Council approval.
ENFORCEMENT
Department managers and all other supervisors are responsible for implementation of the policy.
Employee reimbursement will be required for any purchases not in compliance with this policy. Non-
compliance could result in disciplinary action as outlined in the Employee Handbook.
BILLING
Vendors should invoice the department within the City that has initiated the purchase.Vendors should
not invoice an individual person.
135
Exhibit I
Invoices may also be emailed to the finance department using email address AP@FridlevMN.gov
PAYMENT PROCEDURES
In accordance with Minnesota Statute 471.425,the City has 35 days from receipt of the invoice to
process payment. If an invoice is incorrect in any way,the City must notify the vendor within ten days of
the date of receipt.
Department managers are responsible for reviewing all aspects of the invoice and verifying the validity
of the expenditure.The department manager is also responsible for providing the budget account
coding so that expenditures are appropriately classified in the City's financial records.The department
manager will authorize the expenditure for payment by including a dated signature.
Invoices and supporting documentation must be forwarded to Accounts Payable in a timely fashion.
Payment requests received by Wednesday morning,will be processed and included in the packet to be
approved at the upcoming City council meeting.
Department managers should notify the Finance Department of any invoices in dispute and the dispute
should be documented on the invoice or with a memorandum accompanying the invoice.
Certain routine transactions as defined by the Finance Director are excluded from department manager
review and approval.Such transactions may include, but are not limited to: payroll,employee benefits,
workers compensation,and liability insurance and utility bills.
All payments shall be summarized within a Claims List that will be presented to the City Council at their
regularly scheduled meetings.The City Council will take action on the Claims List as part of the Consent
Agenda.Once the Claims List has been approved by the City Council,the Finance Department will
release payment to the vendor.
In some instances, payments may need to be released prior to City Council approval.Such instances may
include, but are not limited to:payroll,employee benefits,electronic funds transfer(EFT),construction
permits,to receive early payment discounts or to avoid late penalties.Such payments will be authorized
at the discretion of the Finance Director and will be presented to the City Council within the Claims List
at the next scheduled regular City Council meeting.
PROCUREMENT CARD
See Appendix A
TRAVEL
See Appendix B
EXPENSE REIMBURSEMENT
Employee expense reimbursements(i.e. mileage),are to be submitted on claim voucher forms with
supporting documentation and should be provided to the Finance Department.The procedures set forth
in Appendix B of this policy will be followed for approval and payment.
136
Exhibit I
CONFLICTS OF INTEREST
Employees are required to provide notice to the Finance Director of any conflicts of interest prior to
entering into transactions on behalf of the City. No employee,officer,or agent may participate in the
selection,award,or administration of a contract supported by a Federal award if he or she has a real or
apparent conflict of interest. Such a conflict of interest would arise when the employee,officer,or
agent,any member of his or her immediately family, his or her partner,or an organization which
employs or is about to employ any of the parties indicated herein, has financial or other interest in or a
tangible personal benefit from a firm considered for a contract(Minnesota Statute 471.87).
ETHICS AND ACCEPTANCE OF GIFTS
The officers,employees,and agents of the City must neither solicit nor accept gratuities,favors,or
anything of monetary value from contractors or parties to subcontracts unless in accordance with
Minnesota Statue 471.87.
EMERGENCY& DISASTER
The City Attorney must be consulted with prior to making a purchase under this section.
Under Minnesota's Emergency Management Act(Minnesota Statute 12.37),the City has the authority to
make purchases or enter into contracts during emergencies without following many of the,otherwise,
normally required procedures.
The Emergency Management Act defines an "emergency"(Minnesota Statute 12.03 sub3)as an
unforeseen combination of circumstances that calls for immediate action to prevent a "disaster"from
developing or occurring.
The Emergency Management Act defines a "disaster" (Minnesota Statute§12.03 sub2)as a situation
that creates an actual or imminent serious threat to the health and safety of persons,or a situation that
has resulted or is likely to result in catastrophic loss to property or the environment,and for which
traditional sources of relief and assistance within the affected are unable to repair or prevent injury or
loss.
In the event of an emergency or disaster,the City Council has granted authority to the City Manager to
make the necessary special emergency purchase.At the next regular scheduled City Council meeting,
the City Council will approve the respective purchase and will pass a resolution specifically referring to
the special emergency and declaring the special emergency describing the reasons necessitating the
immediate action for protection of the health,safety or welfare of its citizens.
SOLE SOURCE PURCHASES
Sole source purchases may be made if they comply with at least one of the following:
A. Item or service under patent of copyright held by a single vendor and item or service possesses
or has capabilities critical to use.
B. Item or service possesses a unique function or capability critical in the use of the item or service
and not available from any other sources.
C. The purchase is for equipment associated with use of existing equipment where compatibility is
essential for integrity of results.
137
Exhibit I
D. The purchase is for replacement parts needed for repair of existing equipment where
compatibility with equipment from the original manufacturer is paramount.
E. The purchase is for accessories sought for enhancement of existing equipment where
compatibility with equipment from the original manufacturer is paramount.
F. The purchase is for technical services associated with the assembly,installation,or servicing of
equipment of a highly technical or specialized nature.
G. Additional item,service,or work required, but not known to have been needed when the
original order was placed with vendor and it is not feasible or practicable to contract separately
for the additional need.
H. The purchase must match the existing piece or brand of equipment and is only available from
one vendor.
Sole source purchases must still follow the purchase process required based on the amount being
purchased. For example, if the purchase is expected to exceed$100,000,a competitive bidding process
must be followed even if the expectation is that only one bid will be received.
138
Exhibit I
APPENDIX A: PROCURMENT CARD USE POLICY
USE OF PROCUREMENT CARDS
The City has authorized the use of procurement cards (Pcard)under Minnesota Statute§471.382 by City
employees to make purchases on behalf of the City.
AUTHORIZATION
The City of Fridley will provide Pcards to Departments that show a business reason for usage of one.
The Pcard will be issued in the employee's name.
As a delegate of the City Manager,only a department manager may request a Pcard for staff having a
business reason for its usage.
Employees that are not authorized account holders,shall not retain Pcard information or make
purchases using a City issued Pcard without prior approval from an authorized account holder.
The City's Finance Department shall be responsible for the maintenance of the City Pcard,including
account maintenance,setting purchase limits, issuing physical cards,etc.
USERS
All employees authorized to use a City Pcard are required to sign a Pcard user agreement form:City of
Fridley Agreement to Accept the U.S. Bank One which will be retained on file by the Finance
Department.The Pcard user agreement also needs to be signed by the applicable department manager.
The terms of the Pcard user agreement form are considered a part of this policy.
Upon termination of employment with the City,the City issued Pcard must be returned to the City
Accountant on or before the employee's last day of employment.
If Pcard is lost or stolen,the cardholder must contact card member services and cancel the card
immediately.The cardholder must also notify the Assistant Finance Director and/or the City Accountant.
The cardholder issued in one's name must only be used by that individual.The Finance Department
must be notified immediately of any problems, issues or discrepancies an employee has with the use of
the City Pcard.
PURCHASES
Each card holder will be responsible for ensuring that purchases made with their card comply with
Minnesota Statutes,the City's Procurement Policy,and this Pcard Use Policy.
Personal use of the City issued Pcard is prohibited. Purchases that do not comply with City policies,or
that are not approved by the City Council, may become the personal responsibility of the card holder
and/or purchaser.Improper use of the Pcard may result in disciplinary action as outlined in the City's
Personnel Policy.
In any instance where a product or service purchased with a City issued Pcard is returned or canceled
the transaction must be refunded to the Pcard account.
139
Exhibit I
DOCUMENTATION
The billing statement from the Pcard issuer does not contain sufficient information to document a
purchase made. Appropriate documentation is required for all purchases to verify compliance with this
policy and the City's Purchasing Policy.
A copy of the invoice or receipt for payment must be included to verify the amount charged on the card.
Receipts from vendors that only list the total charged are not considered sufficient documentation. The
receipt must identify all products or services purchased,shipping charges,and sales tax. A printed
confirmation of an internet purchase may be sufficient to comply with this requirement. If an invoice is
not immediately available,the invoice must be forwarded to the Finance department when it becomes
available and additional documentation must accompany the original charge.
The City will not be responsible for interest charges accruing as a result of untimely submission of Pcard
receipts.
Department managers are responsible for reviewing all aspects of the invoice and verifying the validity
of the expenditure.The Department manager is also responsible for providing the budget account
coding so that expenditures are appropriately classified in the City's financial records.The Department
manager will authorize the expenditure for payment by including a date stamp and signature(or
initials).
REVIEW AND PAYMENT
All Pcard statements will be reviewed by the Finance Department for compliance with this policy and to
ensure all charges have been accounted for. Additional documentation may be requested from a card
user to ensure compliance with this policy and the City's Purchasing Policy.
The City will not use the Pcard account for carrying debt,and payment of the entire outstanding balance
of City issued Pcards will typically be made through the City's normal vendor payment process.The
Finance Director reserves the right to pay the Pcard bill outside the normal vendor payment process if
necessary to avoid finance charges.
CASH WITHDRAWALS
No employee of the City shall use the City Pcard to access an ATM for cash withdrawals.
VENDOR CHARGE ACCOUNTS
The City has established charge accounts with a handful of vendors to expedite the purchasing process
with those respective vendors.These accounts may or may-not have physical cards accompanying them.
All sections of this policy are also attributable to the respective vendor charge accounts.
If an account has been established with a vendor,all purchases should be made through that process,
unless extenuating circumstances exist.
140
Exhibit I
APPENDIX B: TRAVEL POLICY
The following are travel policies for all City employees as referenced in the employee handbook.
AUTHORIZATION
All travel must be included in the approved budget.
All travel must be approved prior to any travel commitments being made or before travel expenses are
incurred. Each department manager will have the responsibility of approving any work related trips
taken by employees in their department.The City Manager will approve all department manager's
travel.This includes approving the actual trip and approval of all reimbursements.
TRAVEL ARRANGEMENTS
Employees must travel using the most cost resourceful mode of transportation available.All travel
should utilize the most efficient travel route at the lowest fare available.The department of the
employee will make all arrangements for travel out of state whenever practical. If travel is pre-
approved,an employee may make their own travel arrangements,though receipts must be submitted in
order to receive reimbursement.
Travel on behalf of the City of Fridley in a personal vehicle will be reimbursed at the current mileage
reimbursement rate as determined by the Internal Revenue Service.This mileage form can be found on
SharePoint. Usage of City vehicles is encouraged when possible. Employees will be reimbursed for the
cost of parking their vehicle when necessary with a valid receipt.
The responsible department will make all arrangements for overnight lodging whenever possible.The
Pcard for Fridley is the preferred method of payment.When making their own arrangements,
employees will provide information showing the lodging rates available. Distance from employee
lodgings will be considered in order to minimize transportation costs. Employees will retain payment
receipts to submit to their department supervisor for reimbursement.
MEALS AND INCIDENTALS
For same-day training or business meetings,meals will be reimbursed for the actual amount spent and
will require an itemized receipt.City Purchase Card is encouraged to be used when possible.
For training or business trips that are longer than one-day, meals and incidentals will be reimbursed
using the current U.S.General Services Administration(GSA)per diem rate for destination city.
Complimentary meals provided to employees are excluded from per diem reimbursement.The first and
final days of travel meals and other expenses for trips lasting multiple days will be reimbursed at 75%of
the GSA meals and incidentals per diem rate.Current rates for the City you are traveling to can be found
as www.gsa.gov/travel. Employees should retain receipts in case any expenses require verification.
Alcoholic beverages are not reimbursable and are not allowed to be purchased on a City
Purchasing Card.
141
Exhibit I
REIMBURSEMENT
A travel conference expense voucher should be filled out for any travel expenses in addition to mileage.
This form can be found on SharePoint under Finance. If the travel only involves mileage reimbursement;
you would only need to fill out the mileage reimbursement form which can also be found on SharePoint.
For further instructions on requesting travel reimbursements please contact accounts payable at
AP@FridleyMN.gov.
142
Exhibit I
APPENDIX C- RESOLUTION NO. 17-1994
A RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAIMS
WITHOUT PRIOR COUNCIL APPROVAL
WHEREAS,Section 7.11 of the City Charter provides that the Council may by resolution or motion
provide for the regular payment without specific individual authorization by the Council of salaries and
wages of regular employees or laborers,and fixed charges which have previously duly and regularly
incurred;and
WHEREAS,the Council has adopted a written policy regarding the payment of claims;and
WHEREAS,the Council deems it necessary to update this policy.
NOW,THERFORE IT BE RESOLVED,that the City Treasurer is hereby authorized to issue checks for the
following types of claims without prior Council approval:
(a) Salaries of regular employees
(b) Overtime of regular employees if approved by the affected Department Head
(c) Salaries of temporary employees,providing the time sheet has been approved by the
Department Head
(d) Utility Bills and discount invoices
(e) Payment to the City(one fund to another fund)
(f) Petty cash items up to$15
(g) Petty cash items up to$25 if approved by the affected Department Head and the City
Treasurer
(h) Flat rate monthly auto allowance
(i) Postage, postage due or C.O.D. items
(j) Advances to employees for up to 75%of the cost of attending out of town conferences not
to exceed$500
(k) Registration and other expenses for local conferences, limited to$75
(I) Reimbursement to employees for costs incurred while attending local conferences or
meetings,such payment limited to$15
(m)Reimbursement to an employee for clothing allowance
(n) Claims approved by Council as a separate agenda item(i.e. estimates)
(o) Fixed charges which have been previously incurred such as rent payments, payments on
bonds and contracts for deeds
(p) Investments
(q) Payroll taxes other liabilities withheld from employees'wages and the corresponding City
paid benefits
(r) Contracted Building Inspectors who have signed a contract with the City of Fridley
(s) Softball, basketball and other sporting officials contracted by the Recreation Department
(t) Refunds of deposits being held by the City of Fridley
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF FEBRUARY,
1994.
143
AGENDA ITEM
Flo
CITY COUNCIL MEETING OF
ay®f
Fridley JANUARY 8, 2018
I
To: Walter T. Wysopal, City Managers:a'
From: Debra A. Skogen, City Clerk
Date: January 5,2018
Re: Resolution Designating the Fridley SunFocus as the Official Newspaper of the City
for the Year 2018
Minnesota Statutes Section 311A and Fridley City Charter Section 12.01 require the designation
of an official newspaper for the publishing of public notices authorized by law or by order of the
court. A newspaper who desires to be a qualified newspaper for the purposes of the City of
Fridley must fulfill the distribution requirements of MN Statute Section 331A.02, Subd. 1(d) in
the City of Fridley:
331A.02 REQUIREMENTS OF A QUALIFIED NEWSPAPER
Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or
fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not
qualified must inform a public body that presents a public notice for publication that it is not
qualified. To be qualified,a newspaper shall:
(d)be circulated in the political subdivision which it purports to serve,and either have at least
400 copies regularly delivered to paying subscribers, or 250 copies delivered to paying
subscribers if the political subdivision it purports to serve has a population under 1,300, or
have at least 400 copies regularly distributed without charge to local residents, or 250 copies
distributed without charge to local residents if the political subdivision it purports to serve has
a population under 1,300.
Pursuant to Minnesota statutory law, the City must publish notices with respect to various
municipal actions and meetings. For example, the City must publish its ordinances, election
notices as well as notices for improvement/assessment hearings.
The Fridley Sun Focus submitted publication information to the City. It is the only newspaper to
have submitted any information to the City.
The Fridley Sun Focus has provided its Certified Audit of Circulation, published on September
29,2107 , which indicates that its unpaid carrier single copies circulation is 8,011 copies, as well
as unpaid non-residential bulk circulation of 997 copies, for a total of 9,008 and its paid
circulation copies of 17 copies. The total unpaid average circulation of the Fridley Sun Focus
144
copies and the total paid average circulation of the Fridley Sun Focus are 9,025 copies. The
Fridley Sun Focus has recently changed its distribution method from carrier delivery to mailed
copies. The most recent total number of copies delivered within the City of Fridley zip code is
1,998. Despite the dip in distribution numbers, the Fridley Sun Focus remains a qualified
newspaper under Minnesota law.
The City's annual publication expense is generally around $8,000 per year. The City's annual
publication expense this year is expected to remain consistent with the prior years. Pursuant to
Minn. Stat. Section 471.345, Subd. 5, because the contract is less than $25,000, the City may, in
its discretion, either purchase in the open market or obtain quotations. Staff has not solicited
quotations from newspapers. Specifically,Minn. Stat. Section 471.345 , Subd. 5 states:
Subd. 5.Contracts $25,000 or less.
If the amount of the contract is estimated to be $25,000 or less, the contract
may be made either upon quotation or in the open market, in the
discretion of the governing body. If the contract is made upon quotation it
shall be based, so far as practicable, on at least two quotations which shall
be kept on file for a period of at least one year after their receipt....
(emphasis added). Only the Fridley Sun Focus has provided a submittal for the City's 2018
publications. In the past, the Star Tribune and the Anoka County Record have provided the City
submittals for consideration. The City Council may, in its discretion, select and designate the
Fridley Sun Focus as its official newspaper or it may direct staff to obtain quotations from other
newspapers.
The Fridley Sun Focus has be the City's official newspaper for the past 48 years. The newspaper
has provided excellent service and reliably published the materials the City submits to it. We
understand that with the change in distribution, the Fridley SunFocus has dropped its circulation
numbers. However, the importance of appointing a legal newspaper is to provide the
information to as many individuals as possible. We feel the Fridley SunFocus meets this
requirement. Accordingly, staff recommends designating the Fridley Sun Focus as its official
newspaper and adopting the attached Resolution Designating the Fridley Sun Focus as the
Official Legal Newspaper of the City of Fridley for the year 2018.
145
RESOLUTION NO.2018-
RESOLUTION DESIGNATING THE FRIDLEY SUN FOCUS AS THE OFFICIAL
NEWSPAPER OF THE CITY OF FRIDLEY FOR THE YEAR 2018
WHEREAS, Minnesota Statutes Section 311A and Fridley City Charter Section 12.01 require
the designation of an official newspaper for the publishing of public notices authorized by law or
by order of the court; and
WHEREAS, a newspaper who desires to be a qualified newspaper for the purposes of the City of
Fridley must fulfill the distribution requirements of MN Statute Section 331A.02, Subd. 1(d) in
the City of Fridley; and
WHEREAS, the Fridley Sun Focus has provided the City its cost of legal publications and has
shown proof that it has met the state's circulation requirement of having at least 400 printed
copies regularly distributed without charge to City of Fridley residents.
WHEREAS,the City has utilized the services of the Fridley Sun Focus for the past 48 years and
has received reliable and timely publication of the materials provided to it for publication.
NOW, THEREFORE, BE IT RESOLVED that the Fridley Sun Focus is hereby designated as the
official legal newspaper for the City of Fridley for the year 2018 for all legal publications
required to be published therein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
8TH DAY OF JANUARY,2018.
SCOTT J. LUND -MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
146
AGENDA ITEM
CITY COUNCIL MEETING OF
JANUARY 8, 2018
INFORMAL STATUS REPORTS
147