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CCA 01/22/2018 S /J� y e ) CITY COUNCIL MEETING OF JANUARY 22, 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. Pollinator Friendly Discussion 2. Fridley City Attorney 3. Police Department Updates PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Jack Kirk Appreciation Day— January 31, 2018 Heart Safe Community APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 8, 2018 1 - 7 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Fridley City Charter, Chapter 7. Taxation and Finances and Adopt Official Title and Summary Ordinance 8 - 18 FRIDLEY CITY COUNCIL MEETING OF JANUARY 22, 2018 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of December 20, 2017 19 - 36 3. Approve Memorandum of Understanding Between the City of Fridley and Walter T. Wysopal 37 - 38 4. Claims (179406 - 179596) 39 - 65 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes ADOPTION OF AGENDA: PUBLIC HEARING: 5. Preliminary Assessment Hearing on West Moore Lake Drive Trail and Street Resurfacing Project No. ST2017-21 66 - 72 NEW BUSINESS: 6. Resolution Ordering Final Plans, Specifications and Calling for Bids: West Moore Lake Drive Trail and Street Resurfacing Project No. ST2017-21 73 - 76 7. Resolution to Approve Residential Organics Curbside Collection Contract with Allied Waste Services of North America LLC 77 - 95 8. Informal Status Reports 96 ADJOURN. CITY COUNCIL MEETING CITY OF RIDLEY JANUARY 8,2018 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Jay Karlovich, City Attorney Deb Skogen, City Clerk James Kosluchar, Public Works Director Shelly Peterson, Finance Director Pam Reynolds, 1241 Norton Avenue N.E. Dave Ostwald, 6675 East River Road APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 11, 2017. APPROVED. City Council Meeting of December 18, 2017. APPROVED. NEW BUSINESS: 1. Resolution Designating Official Depositories for the City of Fridley. ADOPTED RESOLUTION NO. 2018-01. 2. Approve Contract for Towing, Impounding, and Storage of Motor Vehicles between the City of Fridley and Schmit Towing, Inc. APPROVED. 1 FRIDLEY CITY COUNCIL MEETING OF JANUARY 8,2018 PAGE 2 3. Approve 2018 City Council and Staff Appointments. APPROVED. 4. Claims (ACH PCard 1712; 179232-179405). APPROVED. 5. License—Temporary On-Sale Intoxicating Liquor. APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to adopt the proposed consent agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: No one from the audience spoke. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 6. First Reading of an Ordinance Amending Fridley City Charter, Chapter 7. Taxation and Finances Deb Skogen, City Clerk, stated the Fridley Home Rule Charter is the fundamental law defining the powers citizens agree to give to the City. The Charter Commission is comprised of 15 court- appointed citizens who meet 8 times annually to discuss and refine the Charter in response to the needs of the community. Ms. Skogen said Minnesota Statute Section 410.12, Subd. 7, allows for a charter amendment by ordinance upon recommendation of the Charter Commission. It requires notice of public hearing and publication of the full text of amendment at least two weeks prior to the public hearing. On November 6, a recommendation for an amendment by ordinance was made to the City Council. 2 FRIDLEY CITY COUNCIL MEETING OF JANUARY 8,2018 PAGE 3 On November 13, the public hearing was scheduled. The text of the proposed ordinance was published in full in the City official newspaper and on the City's website. The public hearing was held on December 18. Ms. Skogen said the Charter Commission discussed and reviewed Chapter 7 extensively over the past year in light of budget concerns, current regulations in state and federal law, and generally accepted accounting standards and procedures. Amendments are necessary to correct inconsistencies in state and federal law. The proposed amendment requires a first and a second reading and a unanimous vote of the City Council to become adopted. If the vote is unanimous, the ordinance becomes effective 90 days after publication, or on May 16, 2018. Staff recommends waiving the first reading of the ordinance and holding the first reading of the ordinance amending Fridley City Charter, Chapter 7. Taxation and Finances. Pam Reynolds, 1241 Norton, requested a reading of the full ordinance. A pre-recorded reading of the ordinance made by Ms. Skogen was played. Ms. Reynolds said she is a member of the Charter Commission. The process for this ordinance amendment is based on the assumption of this group that everybody has cable and gets the City newsletter, and they do not. That is why the ordinance needs to be read in full. She missed some of the Charter meetings and the votes held by the Charter Commission on these changes. She felt that some of the sections did not need to be taken out but instead could have been updated. The new language refers people to look at the State Statute. She thanked Deb for recording this ordinance to be read and Council for listening and upholding the Charter, Section 3.04. Dave Ostwald, 6675 East River Road, Chair of the Charter Commission, said the purpose is to review the Chapter and make clear language to modern standards. The Commission consists of 15 members and 12 voted and had unanimous vote throughout the year in voting on these changes. The Commission utilized the Finance Director, City Manager, and staff to clarify and not omit or remove power to anyone. The Commission does not want to change the original intent to what was originally written. Some of the context was difficult to understand and the Commission wanted to update it to modern practices and accounting standards. He thanked Council for taking the time to review and read this ordinance. Mayor Lund said he understands Ms. Reynolds' concerns and comments and agreed that it can be a struggle to get information out to the public. This was not staff-initiated. The Charter Commission reviewed the ordinance and made the changes. These changes condense this chapter and it is now more conducive to State Statute. MOTION by Councilmember Saefke to approve the first reading the ordinance. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3 FRIDLEY CITY COUNCIL MEETING OF JANUARY 8,2018 PAGE 4 7. Resolution Approving the Revised Investment Policy for the City and the Fridley Housing Redevelopment Authority. Shelly Peterson, Finance Director, stated the Investment Policy Revisions amend the policy adopted by Council on June 25, 2012. The City investment advisor, Prudent Man Advisors Inc. (PMS) recommends a few updates to more closely align with MN Statute 118A and change terminology and measurements for consistency with industry standards. This investment policy outlines the investment philosophy of the City and the Fridley HRA. Ms. Peterson said that Section VIII removes the sentence related to securities with more than two NRSROs so that language is consistent with MN Statute 118A. Section IX replaces "class of securities" language with "market sector" to align with industry standards. To make Section X consistent with MN Statute 118A, language was added to allow for Federal Home Loan Bank letters of credit as an additional tool for deposit collateralization. Collateralization is a pledge to fulfill financial obligations. It acts as a second line of defense when investing. Section XII replaces language to allow maturity durations to include average life, worst call date or expected life rather than "final maturity" to align with industry standards. Staff recommends Council adopt by resolution the revised Investment Policy. Councilmember Bolkcom noted that this aligns with State Statute and industry standards. She asked how often staff reviews this and makes revisions. Ms. Peterson replied that changes were made in 2012 and updated due to law changes. Now that we have a new investment advisor, she does not anticipate this policy to be looked at unless there are changes in the law. Policies are required to be reviewed every year and the investment advisor would advise staff on any changes that need to be made. Councilmember Bolkcom asked why the City did not have an investment advisor in the past. Ms. Peterson replied that the past Finance Director did some research and she conducted further research. Having an investment advisor will allow experts to look at investments on a daily basis to make sure the City is getting the best return on investments. We have a contract for two years and then staff will evaluate to see if this is a worthwhile venture. Wally Wysopal, City Manager, added that investments for municipalities are limited and we want to make very low-risk investments to maximize returns. The investment marketplace has gotten sharper and better at doing these kinds of things and reducing our risk and helping in areas where we do not have expertise. MOTION by Councilmember Saefke to adopt Resolution No. 2018-02. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4 FRIDLEY CITY COUNCIL MEETING OF JANUARY 8,2018 PAGE 5 8. Resolution Approving the City of Fridley Procurement Policy for the City and the Fridley Housing Redevelopment Authority. Shelly Peterson, Finance Director, stated the Procurement Policy provides consistent guidelines for staff authorized to purchase on behalf of the City, and replaces all prior internal memorandums and policies related to purchasing requirements. This policy complies with Fridley Charter Chapter 7, Minnesota Statute, and the Federal Uniform Guidance Act. Ms. Peterson noted the Procurement Policy is consistent with current practices and ensures that taxpayer dollars provide goods and services as economically as possible. It assures all City purchases have public purpose and staff must be authorized to make purchases in accordance with laws as allowed in the annual budget. Ms. Peterson stated the Procurement Policy establishes thresholds for purchases requiring quotes and bids per MN Statute 471.345. Exceptions outlined include cooperative purchasing agreements, sole source, emergency purchases and other allowable types of expenditures. Level of pre-approval includes the Department Manager or delegate, City Manager and City Council. The Procurement Policy defines enforcement, non-compliance, conflicts of interest and ethics and the acceptance of gifts. Also, payment procedures documentation, proof of authorization, classification for financial recording, timely payment processing, consent to release prior to City Council approval (for list see Appendix C), and claims list submitted to Council. Ms. Peterson said the policy also included in the appendix the Procurement Card Policy that replaces the 2008 credit card policy. In 2013 the City implemented Pcards through a cooperative agreement with the State of Minnesota. Approximately 40 employees are authorized to use P- Cards. P-Cards allow more security and control as there is a per transaction limit, monthly limits, number of transactions and allowable types of transactions. A P-Card agreement form is still required and this policy is consistent with the form. The appendix also includes a travel policy that replaces the 1982 policy. Three significant changes to note are the broadening of the definition of "forms of transportation,", the decentralization of travel arrangements and the implementation if per diem rates for meals incurred. Staff recommends Council adopt by resolution the City of Fridley Procurement Policy. Councilmember Bolkcom asked what Section D meant under "Decentralized Purchasing." She asked if staff could buy their own paper. Ms. Peterson replied that there are better prices when buying larger quantities. Some supplies are purchased by individual departments and others are purchased in bulk. Councilmember Bolkcom asked how an estimate is acceptable on a purchase order when the cost is unknown. Ms. Peterson replied that if staff is working with a vendor, staff will provide their best estimate for the cost and the purchase order would be adjusted once the price is known. Finance maintains a list of delegates authorized to sign purchase orders. 5 FRIDLEY CITY COUNCIL MEETING OF JANUARY 8,2018 PAGE 6 Councilmember Bolkcom asked on page 137, under "Emergency and Disaster", must the City consult with the City Attorney prior to making a purchase. Jay Karlovich, City Attorney, suggested removing the word"must." Councilmember Bolkcom suggested in the last paragraph, first line, to add "or designee" after City Manager Ms. Peterson replied that language is referenced earlier in document but will note the change. Councilmember Bolkcom asked what sole source purchases were. Ms. Peterson replied that in some situations there is only one local vendor identified who can repair a unique piece of equipment or purchase parts from. Mr. Kosluchar also explained that there could also be proprietary restrictions. He provided the example of the City's water meters being proprietary and requiring only Itron parts for repairs. MOTION by Councilmember Saefke to adopt Resolution No. 2018-03. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Resolution Designating the Fridley Sun Focus as the Official Newspaper of the City of Fridley for the Year 2018. Deb Skogen, City Clerk, stated that Minnesota Statutes, Section 311A, and Fridley City Charter, Section 12.01, require designation of an official newspaper for publishing of public notices authorized by law or by order of the court. A newspaper who desires to be a qualified newspaper for the City of Fridley must fulfill the distribution requirements of MN Statute, Section 331A.02, Subd. 1(3), in the City of Fridley. Ms. Skogen said the Fridley SunFocus submitted a request to the City. It is the only newspaper to have submitted any information to the City. The Fridley SunFocus has submitted its cost of legal publications and has shown proof they have met the state's circulation requirement of having at least 400 printed copies regularly distributed without charge to City of Fridley residents. The City has utilized the services of the Fridley SunFocus for the past 48 years and has received reliable and timely publication of the materials provided for publication. Staff recommends Council's approval. MOTION by Councilmember Barnette to adopt Resolution No. 2018-04. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6 FRIDLEY CITY COUNCIL MEETING OF JANUARY 8,2018 PAGE 7 10. Informational Status Reports: Jim Kosluchar, Public Works Director, said that information was sent out on the emerald ash borer to the Melody neighborhood for a removal plan. 60 trees were identified for removal. Any questions can be addressed by calling the telephone number on the notice. Xcel is retrofitting the streetlights in Fridley starting the end of this month through mid-February. This will result in over 50%reduction in power for those lights. Mayor Lund said the Fridley School Foundation has a Gala Event on January 25. Contact Fridley School for tickets. This event funds a number of projects including scholarships to graduating seniors. There is a recycling event January 13 at Greenlights Recycling in Blaine. A flyer was mailed out with coupons. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:32. Respectfully submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor 7 AGENDA ITEM JJFricUejr)f CITY COUNCIL MEETING OF JANUARY 22, 2018 To: Walter T. Wysopal, City Managerio . From: Debra A. Skogen, City Clerk Date: January 10, 2018 Re: Second Reading of a Proposed Ordinance Amending Fridley City Charter Chapter 7 Taxation and Finances 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. On November 13, 2017, the City Council received the Charter Commission's recommendation and adopted a resolution scheduling the public hearing. 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. The City Council held the public hearing on December 18, 2017, and the first reading was held on January 8, 2018. Section 410.12, Subd. 7, allows for the publication of the ordinance as in the case of other ordinances, therefore a summary ordinance has been prepared for publication. Staff recommends the following actions: 1. A motion waiving the second reading and adopting an Ordinance Amending Fridley City Charter Chapter 7. Taxation and Finances, as shown in Attachment 1. 2. A motion adopting a Summary Ordinance Amending Charter Chapter 7, as shown in Attachment 2. 8 Attachment 1 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 feesParks 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) 9 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 which 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 by organizational unit and include comparative figures for the current fiscal year and actual figures for the two preceding fiscal years. -•- . . - . .., -• - . . Bach 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. 2. Salary detail shall show a list of all salaried officers and positions with salary allowance and of revenues for the ensuing fiscal year.•The estimates shall be submitted to the Council at its 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 10 Ordinance No. Page 3 . .. . - . . ., _ . 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 wed-shall 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. Y-- . . , - . . •. , „ . , __ - - 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 resolutionk or by • -• . •- -- - -- . •.• ' 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 • , . . .. . , , •.. --- • .. . - • . - •- - ^ .. . - - ::^ •, 11 Ordinance No. Page 4 SECTION VI: THAT SECTION 7.12. FUNDS BE KEPT BE HEREBY AMENDED AS FOLLOWS: Section 7.4- 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. •- , - -- _ .. : : A. A general fund for the payment of such expenses of the City as the Council may B. A debt service fund, into which shall be paid all receipts from taxes or other sources such .. . of receipts in error. The Council shall maintain the integrity of this fund by 12 Ordinance No. Page 5 . • ., . - -• -- . - -- , - • E. A public utility fund into which shall be paid all money derived from the sale of • _ , • , • . - - . . .. • , - . . _. . ) ) •. - • .__.. • .. - . .. . .' . - • . . . . . . _ Y. - ... • .. . fromti_..,e to 4i..-.o 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. 13 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 ::-• ., ef. Ord. 625, Ord. 857) SECTION IX: THAT SECTION 7.15. BONDED DEBT AND DEBT LIMIT BE HEREBY AMENDED AS FOLLOWS: Section 7.4-5 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 to lla s ;,f the S��«r Minnesota state law. in force from time to time. The City shall have the power to issuc and scll its bonds to the • - - • • - - . •• . - • - all provisions of law relative to loans to 14 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;. or The City Council may irc 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 may be issued except pursuant to a favorable vote of a majority of those voting on the proposition of their issuance. lie payment to earnings or to part earnings and part tax funds. To the extent that they are thus • .. , ---• - -. - •-: -: , .. . , • . ... . _. , . _. .• •. •, • • , - . -: .• • . . .. , •.• , - . - . - - - • - '- • _ , -. - - . ..- . .. " . ., •• , _ ._ (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. 15 Ordinance No. Page 8 annual budget which it passes. (Ref Ord. 857) SECTION XI: THAT SECTION 7.17. DEBT AND TAX ANTICIPATION CERTIFICATES BE HEREBY AMENDED AS FOLLOWS: Section 7.4-7 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 (90%) 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 st 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 rcceipts from taxes or other sources should from some unforeseen cause - .. .. - _ , , -' ; - . • ., - - . , • '- ., •, - -. - . .. ... - . . . . _ Ai . . • 2. For the purpose of providing necessary moneys to meet authorized expenditures, the - -- --- . ' . . , . . _ . (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. extending, enlarging, or improving water supply system, lighting aid heat and power plants, or 16 Ordinance No. Page 9 SECTION XIII: THAT 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 payprincipal 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 22nd DAY OF JANUARY 2018_. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: December 18, 2017 First Reading: January 8, 2018 Second Reading: January 22, 2018 Publication Date: February 2, 2018 17 Attachment 2 ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCES I. Title An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code to II. Summary The City Council of the City of Fridley does hereby ordain as follows: That Fridley City Charter Chapter 7, Taxation and Finance, is hereby amended by modifying and making the language current and up-to-date with federal and state laws and accounting standards,procedures and requirements. III. Notice This title and summary has been published to clearly inform the public of the intent and effect of the Fridley City Code. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley, MN. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF JANUARY 2018. SCOTT J. LUND,MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: December 18,2017 First Reading: January 8,2018 Second Reading: January 22,2018 Published: February 2,2018 18 PLANNING COMIVIISSION MEETING December 20,2017 Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m. MEMBERS PRESENT: Leroy Oquist, David Ostwald, Mike Heintz, David Kondrick, Brad Sielaff,and Mark Hansen MEMBERS ABSENT: Rachel Schwankl OTHERS PRESENT: Stacy Stromberg,Planner Julie Jones,Planning Manager Rachel Workin,Environmental Planner Amy Dritz,Fridley resident Approval of Minutes: November 15,2017 MOTION by Commissioner Sielaff to approve the minutes. Seconded by Commissioner Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a public hearing for reviewing Fridley's draft 2040 Comprehensive Plan. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Julie Jones, Planning Manager, stated the Commission will need to continue this public hearing as there are three chapters the Commission does not have in their packet because they are not complete yet. Ms.Jones stated this whole process started a year ago with the City's Home and Garden Show in January or February 2017. Staff received public input from that event by asking people what does Fridley have and what does Fridley need? That spring-boarded to some other projects staff did to get input from the public. We had a town hall meeting this past May that was very well attended. There was a large group of people at the town hall asking questions about some key parts in the plan. Staff also created an on-line survey, that staff tested out on a group of folks at a block party event on Seventh Street related to the City's Safe Routes to School project for the Fridley schools. Also the following day at the Fridley `49ers Day parade, staff handed out at least 100 business-sized cards that gave people the link where the survey was and asked them to fill it out. The City received some insightful comments from the survey. Staff also went out on Night to Unite with the Police Department to talk to people and ask them to complete the on-line survey. Ms.Jones stated the results of the survey are posted on the City's website. Ms.Jones stated staff then looked at what has changed since we did this long-range planning process ten years ago. One thing that is different is ten years ago the City's population in Fridley was declining. 19 Planning Commission Meeting December 20,2017 Page 2 of 18 Now the population projections are showing significant increases. In fact the 2040 numbers project the City is expected to surpass its population ever in history. Ms.Jones stated the City has a lot of planned projects coming up with some pretty big housing numbers. Another thing that is interesting is ten years ago the City was seeing an increase in the age of its population,and the City has since seen a slight decline from 37 to 35 years being the average age. Ms. Jones stated as expected the City's diversity has increased significantly at 21.5 percent since the 2000 census. There has been a 5 percent decline in the percentage of married couples and a 2 percent increase in the households where it is one person living alone. Ms.Jones stated 10 years ago Fridley's per capita income was pretty even with that of Anoka County and Minneapolis. In the past ten years Fridley has not kept pace with Anoka County and Minneapolis. That is a change the City was not expecting. Ten years ago Fridley did not know whether it was going to have a Northstar train station. That has affected a lot of the City's planning over the last ten years and will continue to in the future. Ms. Jones stated what has made this process fairly simple this time for staff is we've have done a good job of doing some really important large-scale plans over the past few years that made it easier for staff to put a lot of these components into the plan. One of those plans is the East River Road Corridor Study the City completed in 2012 with the City of Coon Rapids and Anoka County. Then the following year,2013, the City completed its Active Transportation Plan. That was something the City was able to do with SHIP funding dollars. That same year there was also a Safe Routes to Schools Plan adopted for North Park Elementary because Columbia Heights was doing a Safe Routes to School Plan. Ms. Jones stated in 2014 the City completed the Northstar Transit-Oriented Development(TOD)Master Plan for the TOD overlay zoning district. This past year Fridley participated with Anoka County and Spring Lake Park in doing a study of Osborne Road. This year the City of Fridley completed the Safe Routes to Schools Plan for the Fridley School District. Ms. Jones stated the Commission has also seen plans for the Locke Park Pointe Development, the civic campus development,and that is impacting the growth numbers in the plan as well. Commissioner Oquist asked as to the population growing and median age decline, are other communities such as New Brighton, Spring Lake Park, and Columbia Heights seeing similar things? In other words, is that population moving this way instead of south? Ms. Jones replied, she really has not seen data from the other cities to know for sure. She suspects they are not seeing the growth Fridley is because Fridley has some really large projects planned, and she has not heard of them doing the same. Fridley's Northstar TOD plan calls for 1,000 new housing units,which is significant. Ms. Jones stated as far as what is anticipated in the future in the Comprehensive Plan, is related to the traffic increases that are projected by both Met Council and Anoka County. Also the population increases, the diversity increases, new development at Locke Park Point and another factor is the Bus Rapid Transit Line that is proposed to come through Fridley in a few years. All of those things are impacting what the City is looking at for its planning. 20 Planning Commission Meeting December 20,2017 Page 3 of 18 Ms. Jones stated and when the City's population grows, its need for affordable housing grows because some of those new households need to be affordable housing. Met Council makes sure we are aware of that and puts a requirement on the percentage of the City's housing needs to be affordable. Commissioner Oquist stated what he found interesting is in one of the chapters it states that the City has a concern because there isn't enough high-end housing, when we have always discussed the need for affordable housing. We have always talked about affordable housing. Ms. Jones stated that was a concern ten years ago. That was something the City had in its 2030 plan. Some of that has since happened. Ms. Jones stated Met Council is requiring the City this time to address resiliency within each chapter. We will see it repeated in the plan and that is being driven by some of the things we are seeing related to climate change. More frequent, more extreme storm events relates to the City's needs for services, with flooding of streets,etc.,we need to address this in the plan. Ms. Jones stated another thing staff is faced with is Fridley is now classified as an urban community in Met Council's classification system. That means we put higher density requirements on new developments. They want to see higher density here. Ms. Jones stated another thing staff is really trying to pay attention to is equity. Making sure the City's services are equitable to all residents. We are seeing that the most in the topic of transportation, creating roads for all modes. We need to try to accommodate infrastructure for pedestrians and people on wheels, wheelchairs, or pushing strollers. That was an emphasis ten years ago and it is an even greater emphasis now. Ms. Jones stated the traffic projections are rather staggering. She showed maps in Metropolitan Council's traffic reports and their long-range plans. The County has also put together some maps. There are many people who are funneling through Fridley daily to their work in Minneapolis. Ms.Jones stated maps show University Avenue is congested up to Mississippi Street currently and in the future being congested up to Osborne Road. East River Road will be congested significantly further north in the future,as well as Highway 65 and Central Avenue. Chairperson Kondrick stated he drove in south from 110' Avenue and Hwy 65 last night and there was a solid line of cars going north. He got off on Osborne.He has never seen so many cars before for such a long stretch of road. Commissioner Hansen stated it is his understanding Hwy 65 carries as much traffic as 35W in Anoka County. Commissioner Heintz stated it is the same thing on Highway 10. He works in Anoka and coming home going south it is jam packed going north. Ms. Jones stated right now we feel these roadways are at capacity so then what do we do when it is so much worse. 21 Planning Commission Meeting December 20,2017 Page 4 of 18 Chairperson Kondrick asked whether we have heard anything more from Met Council about spending more money on highways on this side of town? Ms. Jones replied, no, MnDOT does not really have any growth plans for Fridley. For example, within the Transportation Plan,related to Hwy 65,there are some maps relating to an intersection study that Met Council and MnDOT did,where we ranked the intersections and almost all of them along Highway 65 in Fridley were of concern. The one at Medtronic Parkway ranked the highest, and that is the one we are most concerned about because we know that intersection is problematic as well as Old Central and Hackmann. The Medtronic campus is only halfway built, so what happens when we have thousands of more jobs on that roadway? So this is one roadway staff is putting some emphasis on in the Comprehensive Plan as far as looking at studying that area further. Ms.Jones stated MnDOT only has enough money to pay for improvements to one highway intersection a year. They will likely do the ones along Highway 65 first,which ranked higher in need. Interchanges are so impactful to land use and businesses in the area, so we will really want to study those areas for options that may be less impactful to the businesses. Ms. Jones stated this is why we are putting the emphasis on making transit a more usable and friendly option for people. Such as,Bus Rapid Transit,which is more like the train where you pay for your ticket in advance, and the buses do not stop at every stop,yet it is not a total express line. This is why staff is looking heavily at University Avenue in the plan because of the impact of BRT. Ms.Jones presented another map showing reported accidents in the past two years in Fridley. Almost all of the fatalities have been on University Avenue which is another reason staff is putting a big emphasis on doing a corridor study on University Avenue like we did on East River Road to see what can be done to make this roadway safer. Ms.Jones stated as far as looking at equity in transit services, we have looked at the amount of ridership on the routes through Fridley. We know there is at least one bus stop on University Avenue that qualifies to have a shelter and right now has a bench right on the edge of the highway. There are more than 25 riders a day taking that bus stop which makes it qualify for a shelter. We want to try and get shelters at stops that qualify for it in Fridley. Ms. Jones stated we also have a lot of bus stops in Fridley that are not ADA accessible. That is something we feel is a real equity issue. A lot of buses nowadays accommodate people in wheelchairs. Ms,Jones stated as to the density impacts of Bus Rapid Transit. When the City gets a BRT line, we are required by Met Council to master plan those areas. Typically at transit stops we are looking at areas half a mile out from a stop. We did a map just looking a quarter mile out to see what the impact would be. That is a significant area of the City if we were to master plan that like it has done in the TOD area to see what special design accommodations we would make for redevelopment in those areas. That is something we are planning to do in advance of the BRT line coming to Fridley. Ms. Jones stated in the Land Use chapter there are 22 potential redevelopment areas that she knows Ms. Stromberg went through with them last month so she will not go through that again. She did want to mention one that she has had a few comments on - the Girl Scout Camp site that people seem to be concerned about. As far as the Girl Scout Camp,the City is guiding that for residential use, single-family 22 Planning Commission Meeting December 20,2017 Page 5 of 18 attached or single-family detached residential use so people around that area can rest assured we are guiding it for low-density residential. Ms.Jones stated she is going to go through the action steps in the various chapters and focus on what it is the City is looking at to change in the community. Ms.Jones stated as far as land use the key thing the City is looking at there as an action step is related to parking. Staff did an analysis of parking in the City and discovered it has roughly 63,000 parking spots including on-street parking, parking in business lots, and residences. Census data shows the City has about 18,000 cars in the City not including people working here in the day. Even if you include about 7,000 people working in Fridley during the day, the City has almost 3 parking stalls for every vehicle in the City. That is a lot of impervious surface the City does not need. There is big emphasis in this plan related to storm water management, particularly related to climate change again and these bigger more frequent storm events. There have been some really serious street flooding issues. The City wants to take a look at the parking requirements and reduce those if it seems appropriate for some of the business locations. We have done that before with the commercial zoning but think we should do it again particularly for industrial zoning. Commissioner Oquist asked whether Ms. Jones was talking about existing parking? The facilities have too much parking and take away some? Ms. Jones replied, we have occasionally seen that happen. Particularly if a business is redoing their parking lot. We could maybe save some money by converting that to green space. Sometimes we fmd good spots that are really suitable for rain gardens, etc. Sometimes we can get grant money to help businesses do that. Commissioner Hansen stated that is essentially what the City did over at Cub. Ms.Jones stated,exactly, at the Fridley Market site. The City allowed them to take away the parking we had on the freeway side of the property before the site redeveloped because we knew we were not going to need it in the new development. Ms. Jones stated the City is looking to do a corridor study of University Avenue. Just kind of take a comprehensive look with MnDOT who of course will be involved. Ms. Jones stated staff has also discovered in the R-1 Code the City has very heavy landscape requirements but nothing in R-1. It is pretty typical in other communities that there is a requirement for one to two trees to be planted in new construction. That is something staff is planning on changing in the Code. Commissioner Oquist asked whether that is something that has changed? When he moved to Fridley in 1960 it seems to him at that time it was a requirement there were two trees planted on each lot on a new construction. Ms.Jones replied, she has not seen that in previous Code but it might have been a restrictive covenant of the development he was in. Commissioner Oquist stated it used to be one on the boulevard(City tree)and then one in the property. 23 Planning Commission Meeting December 20,2017 Page 6 of 18 Ms. Jones stated we have a historic home tour coming up in 2018. We are thinking of making that an annual thing and it is actually something that is being done by the Anoka County and Fridley Historical Society; but the City has helped them get that up off the ground. Mark your calendar for July 22. It is a home and garden tour. Ms. Jones stated we want to encourage electric vehicle charging stations. We may see some of the gas stations convert to electric vehicle charging stations so that is something we have to pay attention to in the Zoning Code. Ms. Jones stated we also do not want to prevent solar gardens. Again, with this overparking in some of these industrial situations, we see that might be an attractive reuse for some of these properties. We are looking at the M-3 zoning district(Outdoor Intensive Industrial District)allowing solar gardens without a special use permit like is required in other zoning districts. Ms. Jones stated looking at the Code and seeing if there are any adjustments that need to be made to allow community gardens and orchards is what some other communities,such as Osseo,have done. Ms. Jones stated staff needs to monitor the land use impacts that autonomous vehicles may have on the community. The projections are staggering on how quickly this will happen. Staff needs to study it, because it may completely change the parking requirements, street design,etc. Commissioner Heintz stated back to the EV charging stations, are we looking at maybe including that in when someone builds a new building or having them including those in their parking requirements? Ms.Jones replied,that is exactly what we are thinking. For example, in the Zoning Code, if a developer is installing a certain number of parking stalls,they are required to put in landscaped parking islands. It might be the same thing,when you are above a certain number of parking stalls,you would be required to have an electronic vehicle charging station. Ms.Jones stated as to the Housing Chapter we have a whole series of action steps there,too. One is just kind of to keep doing what we are doing in code enforcement inspections as well as rental licensing inspections. Rental licensing is already looking at a crime-free housing initiatives and analyzing with the Police Department how their current licensing code Chapter 220 is addressing this. Ms. Jones stated we are also already taking on licensing group homes who do not have food services. We have found this is the type of group home with some changes in procedures on the state and county level and not being licensed by those levels of government. The City feels it is important to protect those folks, so it is taking it on as rental licensing. Ms. Jones stated another kind of key thing we are adding this time around is partnering with other agencies for services so we can allow seniors and disabled folks a better chance to remain safely in their home. Ms. Jones stated as to Transportation there is a lot in that chapter. Staff will continue to rate and repair streets. The City is repaving two miles of street a year to try and keep the City's street infrastructure sound. Again, staff will be continuing to provide information on transportation options for seniors and 24 Planning Commission Meeting December 20,2017 Page 7 of 18 disabled folks. We do that through the City's website now and through connections with the Senior Center. Ms. Jones stated the Police Department is looking at starting some heavy duty enforcement about pedestrians crossing University Avenue at Mississippi against the light. Ms.Jones stated we have already been talking with Anoka County about this for some time about doing a study of Mississippi Street just like we did for Osborne Road, looking at the possibility of converting Mississippi Street from a four lane to a three-lane road, incorporating bike/walk accommodations into the design. Ms.Jones stated when the City Hall moves,we are looking at removing the frontage road access right off the corner of Mississippi and University as we feel there is really no need for that because we will not have the emergency vehicle access need anymore and it really creates some safety issues for pedestrians. Ms.Jones stated we are looking at getting that bus stop on University and 80,a heavily used stop, a bus shelter in the near future. The City also wants to get some accommodations for bike racks at least at some of the bus stops. There is not a single bus stop in the City that has a bike rack currently. Ms. Jones stated, continuing the transportation action steps,we have been looking at this for a couple of years now and just have not got it done, but we really feel we need to do something through a permitting process or franchise fees about these benches at the bus stops that any private party can put in. They are regulated by State statute,but it is really loosely regulated. Chairperson Kondrick asked what is the problem with that? Ms. Jones replied, they do not maintain them. They do not remove the snow. If a bench gets hit by a vehicle, they do not fix them in a timely manner. The City has difficulties tracking those people down and having any sort of leverage to get them taken care of. They get to put a sign out there for free, and the City has a lot of businesses who pay hefty sign permit fees. Ms.Jones stated we want to update the Active Transportation Plan every five years. It is time to update that and take another look at it. Even though they are not public schools, Al-Amal School and Totino- Grace have some shared safety needs and staff would like to have a conversation with them to create an informal safe routes plan for those schools. Ms.Jones described the issue the Police Department has with Burlington Northern trains coming through Fridley,when there's a 911 call and we do not know when and where a train is on the tracks. We would like to have some sort of notification system so that the 911 operator can guide emergency personnel to an alternative route around the train. Ms.Jones stated staff is suggesting revisiting the organized garbage collection issue again as it has a real impact to the City streets. There were comments written in on the survey even though the survey had no questions on it. Staff is also suggesting amending Chapter 113 to limit the number of garbage haulers. Ms.Jones stated Rachel Workin is working on implementing a curbside organics collection program this coming year,and we are going to see more trucks on the street with that,too. 25 Planning Commission Meeting December 20, 2017 Page 8 of 18 Ms. Jones stated staff should continue to collect some bike and pedestrian data on University Avenue, particularly because that will help the City as it does that corridor study in the future and apply for funding for improvements there. Ms. Jones stated as to continued transportation action steps, the City has the need to replace its streetscape that the HRA actually paid for out on Mississippi Street and on 57th Avenue. It is in need for some repair. The street lighting is outdated, so we want to plan for that in the CIP budget. Also, doing some further study for overpass options at the intersection of Highway 65 and Medtronic Parkway. Ms. Jones stated the City does not have bus transit service, other than through a grant that provides shuttles from the Northstar Train Station, south of 694 on East River Road. With the massive Northern Stacks development in that area, there is a need to restore regular bus service for the new tenants and businesses in that area, so staff is working with Metro Transit to try and restore that. Ms.Jones stated we are working with Columbia Heights right now to plan the rebuilding of 53rd Avenue so we need to keep the BRT line in mind for that. Ms. Jones stated another action step is exploring car and bike share opportunities at the Northstar Train Station, which is the center of an alternative transportation node in the National Park Services plans for the river, because the river is a national park, and we want to make the river more accessible to people without a car. Ms. Jones stated obtaining easements for the trail plans for Islands of Peace Park is another action step. It has been a long time since we have had this plan before the Commission,but there are plans to connect the trails that are currently in Islands of Peace Park to a park that is called River Edge Way Park,which is an undeveloped park to the north.Right now,folks in that neighborhood have no trail access to Islands of Peace Park or River Front Park south. Ms. Jones stated the City will be looking for funding for the East River Road corridor study infrastructure. In that plan there are plans for trail and sidewalk on both sides of East River Road,but the County has made it very clear the City is going to have to pay for that infrastructure as well as any landscaping installed. The City is going to have to look for grant funding for such improvements. Ms.Jones stated the City will also be looking for funding for land acquisition and the various options for the 57th Avenue bridge concept, which we are keeping in the Comprehensive Plan still, even though the engineering studies have shown the City does not have enough run distance for it.But,the City continues to need an alternative east/west connection through the community. It is really tough for people who live here to get around through the community whether it is rush hour or any hour of the day. There are a lot of stoplights. Also,there is a piece of land owned by Home Depot there the City needs to acquire. Ms. Jones stated in the Parks and Trails Chapter there are several things that tie to a whole master plan that has been adopted for Moore Lake Park. Replacing some play equipment at 3 parks there, replacing some play equipment at 21 other parks,developing a resurfacing schedule for basketball and tennis courts throughout the park system, developing a consistent sign policy for all the parks and park buildings, implementing a park redesign and trail improvements that are in the TOD master plan for the Northstar TOD area. There is a whole redevelopment of that park that is planned that would be triggered when something redevelops in that area according to that master plan. 26 Planning Commission Meeting December 20,2017 Page 9 of 18 Ms. Jones stated another action step is evaluating ways the City can add more lighting to parks which is something that came out in the surveys. Updating a park and trail map was another action step. Commissioner Oquist asked is there something in here to review all the parks to see if they are necessary? Which ones are being used and which ones are not? For instance he lives on Hackmann Circle and rarely do we see people at Hackmann Park anymore. Not to say we should close it down but may review some of the parks? Ms. Jones replied that is some of the comments we got back from the survey indicated a desire for new and different park amenities. We have changing ethnicity in the community, so it is expected that there will be different requests. Commissioner Heintz stated demographics and populations change but you cannot rebuy park land so that is why we have to keep them there because in 10-15 years your neighborhood might switch around where there are a bunch of kids. We want to keep updating what we have in the parks, keep renewing, keep trending things up—like the City is doing for Moore Lake Park. Commissioner Oquist mentioned there is a double lot that used to have a softball diamond and a fence which has been taken out. It really is not being used. Commissioner Heintz replied we actually had a request for more open multi-use play space there. With the softball field there they could not play soccer,etc. Commissioner Hansen stated something we have been discussing on the Environmental Commission is the use of open space in parks as well. We see large open spaces that do not seem to be used very much which could possibly incorporate native plants and other native landscaping to make them a little more interesting. In his neighborhood, there used to be an ice rink which wasn't being used very often, so it was converted to open space. He felt from a planning perspective,the City should encourage or consider more native landscaping as an action step. He would strongly oppose selling any property that is currently park property. Commissioner Oquist stated as part of this plan we need to review the parks and see if there is another alternative,something else to use them for. Chairperson Kondrick stated he agrees and it is up to the Parks and Recreation Commission to do that. We have done a good job in the past. Ms.Jones continued with Park action steps.Another was replacing the Springbrook Nature Center picnic shelter,which serves as an outdoor classroom. The City is still looking for funding to finish that as part of their overall SPRING plan. They are also planning to complete the green roof installation at the Nature Center. Then, there are some park entrances, one off of Springbrook Apartments and an entrance on the southwest corner of the Park that they are looking to improve. Ms.Jones then presented trail action steps, which started with expanding the trail network overall in the community. Promoting the Mississippi River Trail (MRT) is another, because we found in the survey a lot of people did not know it was there. Plans for more recreation activities in parks on the River had been discussed in committee as a solution. 27 Planning Commission Meeting December 20,2017 Page 10 of 18 Ms.Jones stated another action step is expanding Medtronic Parkway as far as a trail connection. There is a multi-use trail along Medtronic Parkway now, but we want that to expand into other areas. Pursuing funding for the Fridley Safe Routes to School infrastructure needs and funding for the East River Road network are part of that plan. The City needs to regularly rate the trail conditions, which was done in 2013 but needs to be done on a regular basis like it is for roadways. Completing the overall Moore Lake Park plan is also part of the Medtronic Parkway network. Ms. Jones stated there has been flooding issues in three parks this year. This is the type of climate change outcome that the City needs to address. There is also an action step regarding doing some buckthorn removal in three parks in particular, continuing goose management program at Moore Lake Park, and then emphasis on planting more trees in the parks and planting a more diverse species of trees in the parks. The City has been doing this for the past couple of years with some grant funds. Consider alternative landscaping in certain park locations, particularly looking at areas that maybe are underutilized, areas with steep slopes that maybe do not make a lot of sense to mow, and also to post some educational signs stating why the area is not being mowed. Ms. Jones stated under Economic Competitiveness staff is looking at continuing to use weekly Development Review Committee (DRC) meetings for developers to come in and preview applications before they apply to ease that application process. Also, the City wants to use its DRC meetings to advance any ordinance changes that may be necessary. Staff is investigating gaps in the public transportation system. Ms.Jones stated the next action step is continuing the City's business retention and expansion visits and efforts and finding out from businesses what their needs are for getting employees to their business location. Ms.Jones stated the City is also trying to help businesses by matching students to the manufacturing jobs and other local jobs in the City. It is a big need for the City's businesses to find qualified workers, and the HRA is helping businesses in that regard. Ms. Jones explained an action step related to promoting public art, stating that the Positively Fridley group is getting support from commissions and staff to plan locations and guidelines for public art.As the topic changed to environmental topics,Ms.Jones handed the presentation over to Rachel Workin. Rachel Workin, Environmental Planner, stated she has been working on the development of the Local Water Plan chapter and the Critical Area chapter of the draft Comprehensive Plan. These chapters are a little unique from the previous ones discussed because they get approved by other entities in addition to - the Metropolitan Council. The Local Water Plan is reviewed and approved by the City's watershed districts, as well as the Board of Water and Soil Resources. The Critical Area chapter is also reviewed and approved by the DNR. Ms. Workin stated these local water chapter action steps were developed to mirror the three-pronged approach the City takes to its water management program. The City has an education arm where it is encouraging citizens to make good choices with regards to water management. The City is doing its own projects to promote water quality and quantity, and then there is that regulatory piece where you have to do these things. 28 Planning Commission Meeting December 20, 2017 Page 11 of 18 Ms. Workin stated the big players with the most hands on management from a regulatory perspective is the city and the three watershed management organizations in the City which are Coon Creek and Rice Creek which are watershed districts and have their own regulatory program as well as the Mississippi Watershed Management Organization (MWMO). One difference between a watershed management organization and a watershed district is a WMO does not have its own regulatory arm so they look to the City to apply their standards for development of projects that occur in the City. Ms. Workin stated actions the City wants to take from a regulatory perspective is to continue to rely on Coon Creek and Rice Creek watershed districts to apply their own regulations in the City. But to formally adopt MWMO standards within the storm water code. This is a requirement of MWMO, and it also would fulfill a requirement as part of the City's MS4 permit which is given to the City by the MPCA to operate its own storm sewer system. The City is currently lacking the volume requirement that development projects have to maintain a certain volume of water on their property to fill that permit requirement. By updating the City standards to MWMO requirements, it meets the MWMO's requirement and the MPCA's MS4 requirement. Chairperson Kondrick stated,good job. Ms.Workin replied, luckily they lay it out for the City pretty clearly; and there is some flexibility. Chairperson Kondrick asked,the staff does not feel Watershed Districts go too far or anything? Ms.Workin replied, in the development of these standards they get a lot of input from local governments and there is a lot of analysis that goes into that. The volume standards they settle on determine to be the cost-effective standards. For most standards required,we would be aligned pretty closely with the Coon Creek and Rice Creek standards. One thing that we would want to do is try and improve the consistency of the standards across the City so that businesses in the north part of the City are looking at the same standards as in the south to ease that regulatory burden. When staff updates these requirements, we also want to incorporate MIDS which is a way of calculating that it is standardized, and it would streamline the process for developers as well. Chairperson Kondrick asked whether staff has any conflicts with other communities, such as New Brighton, Spring Lake Park,or Columbia Heights. Ms.Workin replied, since watershed districts expand beyond the boundaries of the City,these cities have the same requirements that Fridley does;therefore,this would be fairly standardized with the neighboring communities. Ms. Workin stated we would also want to adopt the storm water manual by reference in the storm water chapter. This is a manual put forth by the MPCA that has design guidelines for different storm water best management practices (BMP) and by adopting this manual, staff would not have to develop its own design standards for every BMP;we could rely on the MPCA's guidance. Ms. Workin stated another change to Chapter 208 is just confirming that the design standards the City bases its storm water requirements on are based on evolving climate data. Back under old design standard, if the City were to design the storm sewer pipe for a five-year storm event, the amount of rainfall is much less than the predicted five-year storm today. As predicted rainfall events increase the 29 Planning Commission Meeting December 20,2017 Page 12 of 18 size of the City's storm sewer pipes and the size of the City's storm water,BMP's should also increase to manage and have sufficient capacity. Ms. Workin stated another regulatory component is the management of storm water within the drinking water surface management area. The City of Fridley relies on groundwater for its drinking water supply so it is really important that as it is promoting the infiltration of storm water into the ground,that the City is not contaminating the drinking water supply. These guidelines would help manage that potential conflict. We also want to coordinate with the neighboring communities regarding their wellhead protection, because we tend to overlap. For example, Spring Lake Park's drinking water surface management area extends into Fridley and Fridley's extends into Spring Lake Park. Ms. Workin stated we want to make sure that other jurisdictions that are in charge of inspecting businesses with potential contaminants within the City of Fridley's drinking water surface management area are completing those inspections. That would primarily be Anoka County and the MPCA. Ms. Workin stated other areas of the Code where staff would like to address water management is modifying the R-1 code to limit impervious surface. Currently the R-1 code has restrictions based on the house size; however, most communities structure this in regards to overall impervious surface on the parcel because single-family homes are typically exempt from storm water treatment. It is important to ensure there is still enough pervious surface on the parcel. Ms. Workin stated Staff would also like to look at the Code and see how it can promote water efficient landscaping so that Fridley's drinking water supply is not being used in excess on landscaping and allowing for building water re-use as permitted in the Building Code. That is something that is being currently worked out at the State level; however,as the Building Code changes,the City of Fridley would want to be supportive of internal building water re-use. Ms. Workin stated as Ms. Jones mentioned we want to look at parking requirements to decrease the amount of impervious surface in the City and also promote what is currently in the Code that allows comprehensive site planning where if a building believes that the parking requirements are excessive to the building's needs we can maintain a portion of their property as pervious surface until that parking requirement becomes necessary. We would also like to continue to use the DRC to review the City codes, to review additional ordinance changes that would promote low-impact development in Fridley, so we can more easily and cost-efficiently manage water quality and quantity issues. Chairperson Kondrick asked Ms. Workin what does her group think about automatic lawn sprinklers? Ms. Workin replied, we think that is a great idea. The City previously offered a rebate for smart irrigation systems for Fridley residents. If that funding became available, that is something the City would want to pursue again. There have been a lot of advances where you can control your sprinkler from your phone and have it zoned out based on if it is a shaded area or in full sun, and that technology can really decrease water consumption whihc for a city that relies on groundwater, and is paying to chlorinate and treat the water that comes out of irrigation systems, you do want to decrease water consumption where possible. Commissioner Heintz asked up at Springbrook when the parking lot was rebuilt, part of that was done with pervious pavement. He asked why don't we require more of that in the City? 30 Planning Commission Meeting December 20,2017 Page 13 of 18 Ms. Workin replied, that is a great idea and it is something the City wants to encourage especially in areas where it is appropriate. The technology is constantly developing and that is something we would allow for parking. We have seen buildings, such as Watermark down near 694,that installed that in their parking lot. Commissioner Hansen stated one of the things we talked about on the Environmental Commission was an increased emphasis on water quality treatment. A lot of what Ms. Workin is talking about is a good thing and the Environmental Commission thinks is a good thing. Most of the storm water management in Fridley when it was originally developed was really solely for the flood control. Holding the water back and that is it. It is not for providing any water quality level-sediment removal or phosphorous. Commissioner Hansen stated Fridley is a river community which is one of the things that defines it, and we should be doing some things to help enhance the water quality of the river. Ultimately everything is going to the Mississippi River. If there are ways to incorporate credits that businesses and property owners are paying for through their storm water utility fee, if people can do enhanced water quality treatment, and the City can consider encouraging that as an action step in the plan,he thinks that is a great thing. He is not saying require it for small projects but incentivise it. Ms. Workin stated with regards to capital improvement projects the City installs to manage the water resources,the City does not have a storm water management plan specifically but,following this plan,we would want to develop and update a priority project list in consultation with the City's watershed partners in order to better align the construction timelines and budgets. We would also want to adopt a complete streets policy. This is requirement to become a GreenStep Step 3 city, and this complete streets policy would outline when the City would include storm water improvements as part of its street reconstruction projects as well as landscaping improvements or decreasing street widths. Ms. Workin stated as part of the complete streets policy, staff would want to formalize the City's residential rain garden program. This is a very successful program the City has administered for a number of years and has installed over 50 curb-cut rain gardens throughout the City. All we are looking to do is set and establish more formal guidelines, and we would like to continue the City's policy of treating the storm water within its capital investment projects such as the iron-enhanced sand filter that will be part of the new civic complex as well as prioritizing regional treatment in which you are treating storm water off of multiple parcels at the same time and installing co-benefits within the City's storm water treatment systems. For example, including pollinator plantings within the storm water basins. Ms.Workin stated as Ms.Jones mentioned the staff is looking at alternative landscaping and educational signage within the public lands. Pollinator plantings and native vegetation do a lot for water quality and filtration of storm water and also add vibrancy to the area where we are installed. Staff would like to continue to use monitoring data to track their progress toward meeting the maximum daily load goals. As the technology becomes available, we would like to start making storm water BMP's, smart BMP's that can better monitor and predict potential upcoming flooding and respond to those events. Ms.Workin stated the City has a good housekeeping program as part of its MS4 requirement through the MPCA. These are the things the City does on a daily basis or on a maintenance-level basis to keep the storm water infrastructure functional. We would like to keep those good housekeeping practices that includes the street sweeping program, for example, and keeping that facility's inventory the City is using to schedule out those maintenance activities up to date. 31 Planning Commission Meeting December 20,2017 Page 14 of 18 Ms. Workin stated one thing the City has been doing is utilizing what is called the SWAMP program which is a program development to help cities maintain their storm water ponds and plan for maintenance of those ponds. Excavating the sediment that has been built up over time can be costly so this program is really useful in letting them budget that out. We would like to continue to utilize that program but also recognize in addition to the public storm water infrastructure there are a number of storm water ponds and BMP's on private property. The City does require maintenance agreements from the private property owners when those are installed as part of a development requirement, but we do need to strengthen the enforcement of those maintenance agreements, and that is something we would do in partnership with the watershed districts. Ms. Workin stated as Ms. Jones mentioned climate change is becoming something we are a lot more aware of especially related to the storm water, seeing a lot more flooding related to increase rain events, and so incorporating that into the City's emergency operations plan. From an education incentives perspective, the City would like to continue its current educational activities that occur though its public communication efforts as well as at the Springbrook Nature Center. We would also like to specifically target shoreland property owners on BMP's for shoreland property and connecting them to grant funding through the watershed districts. We would also like to facilitate education on the maintenance of storm water BMP's to ensure we are all functional and particularly for owners of City-installed curb cut rain gardens to make sure we are draining properly and filtering water as expected. Ms. Workin stated another idea we would like to incorporate is incentives within the storm water utility fee to install storm water BMP's. A lot of properties currently do not have sufficient storm water management because they were constructed before current regulation. Until those properties redevelop, we will continue to have insufficient storm water management. Looking at this is a way to incentivevise property owners to install those storm water BMP's in advance of redevelopment. Ms. Workin stated the City previously provided water rebates for water-efficient appliances and smart irrigation where available and, if that funding were to become available again, the City would like to pursue that. Also,to continue to partner with Anoka County on the well sealing program where wells are identified that need to be sealed. Ms. Workin stated to fund all this the action steps include, continue to apply for grants using the storm water utility as the main source of funds for the City's water management programs and ensuring it covers the cost of maintenance as well as evaluating other funding sources as available. Commissioner Oquist stated he noticed in the packet, street resurfacing plan, is that in with the Water because as we resurface the street the City has better water flow? Ms. Workin replied, that plan was a requirement by the watershed districts as part of their requirements for the plan and we are interested in that data in order to align any projects we might be envisioning for that area with the timeline of reconstruction. The City's goal is to tear up streets as infrequently as possible. If we can install a BMP at the same time the City is reconstructing the street,that is ideal. Commissioner Sielaff stated he has been reading a lot about Met Council coming up with concerns about future decreasing availability of groundwater for drinking. Is that something staff looked at here as far as working with Met council doing something on that? 32 Planning Commission Meeting December 20,2017 Page 15 of 18 Ms.Workin replied the City's water supply plan is an additional chapter in the Comprehensive Plan that will be forthcoming. Ms. Jones stated it has already been developed and was approved a year ago. It was not included in the Commission's packet for that reason. She does know that has been brought up and discussed a few times, that whole issue of where the water is coming from and their plans going forward are to continue to rely on groundwater for the drinking supply. We have been pressured, by the State or Met Council or whoever,to switch to river water. She thinks it is the State. Commissioner Sielaff stated it became a big issue because of White Bear Lake's water levels and how it was being impacted by groundwater pumping. On this local water plan,there is a lot of storm water stuff in here. Is that the intent to just address that? Ms.Jones replied,yes. Then the water supply plan is the plan for the drinking water supply. Ms. Workin stated in the last Comprehensive Plan the local water plan was the local surface water plan, but now requirements also include consideration of groundwater. We do call it the local water plan. The consideration of drinking water is limited to the effects of storm water on the drinking water supply. Ms. Jones stated and that water supply plan is on the City website for people to see in case anyone is wondering where that is at. It was on a different timeline in the requirements so we had to finish that last year already and then we have some different timeline requirements for those in the local water plan. Commissioner Sielaff stated this issue has picked up a lot in the last year particularly. Does this have to be brought up to date? Chairperson Kondrick stated, it needs to be talked about so people understand and are aware of what the complications are and what is necessary to maintain a decent water supply in this area. Ms.Jones stated and she can certainly touch base with the Public Works Director and maybe get more of a response back for them next month. Ms.Workin stated the Critical Area Plan relates to the portion of the City that is west of East River Road along the Mississippi River. This area has been deemed a critical area by the State.And so there are some different additional land management criteria related to the City and the parts west of East River Road. The critical area State statute was updated recently and so this plan is reflective of those changes. One of the most significant changes to the State statute was reclassifying the different districts that comprise the critical area. The City then needs to update its zoning districts and map accordingly. The largest change within the City is the reclassification of land that is in the Transit Overlay District (TOD). That was reclassified to be an urban mixed district from a more residential classification. This allows more flexible growth and development within that area. Action steps will relate to updating the zoning districts and the corresponding zoning map. Ms. Workin stated the City would also want to update vegetative management standards within the Code. The new critical area has some additional requirements related to clear cutting which for the most part are already included in City Code. The City would like to use acknowledging how important it is to have native vegetation and soil stability in this area updating the City's restoration standards. 33 Planning Commission Meeting December 20,2017 Page 16 of 18 Ms. Workin stated we would also like to promote the installation of low-impact design options when riverfront parks are developed in order to decrease storm water runoff and other impacts of use in these areas. One example would be pervious pavers. Ms.Workin stated there is an extensive park system within the critical area and so we want to make sure the City has plans in place and budget for having trail connections to these parks. Some of the riverfront parks are underutilized and so improving and promoting those trail connections are important. One of the biggest barriers for use of those riverfront parks is the difficulty in crossing the railroad and so we want to work with BNSF on installing crossings into the critical areas, both for the residents who live within the critical area as well as bring visitors into the parks. Ms. Workin stated we also want to install multi-modal infrastructure in the critical area. These would include these trails but also include bike-sharing programs or kayak-sharing programs where possible. Just acknowledging there are a lot of different ways that people want to use the parks and recreate in them. One component of the TOD Plan includes reestablishing the visitor center at Islands of Peace Park. We are also including action steps that overlap with the TOD including those commercial components. Ms.Workin stated one of the new requirements in State Statute for critical areas is consideration of river corridor views. These are areas of the river that have been deemed to have a scenic value. This is not as impactful for Fridley where a large portion of the riverfront land is park land,but it would establish where in the City we want to protect river views and coordinate with the cities of Brooklyn Park and Brooklyn Center on the protection of their views as well and establishing procedures for management of these public riverfront corridor views and also any variances that would be necessary if people wanted to deviate from those standards. Ms. Jones stated just to reiterate what she stated earlier there are three more chapters we need to get to the Commission, and staff can resubmit the water chapter, too, if you want to see that again since it has been a year since it was approved. We would like to get those to the Commission early in January to give the Commission time to review the packet of information and continue the public hearing tonight for continued public input and discussion. We are expecting to bring this draft Plan to the City Council's meeting on February 26 and from there we will be passing it on to the surrounding jurisdictions. Fridley has to give them six months to look at it before it sends it on to Metropolitan Council. Commissioner Oquist stated it seems to him that what we are talking about belongs in a 10-year plan, not a 2040 Comprehensive Plan. Just about everything we talked about tonight should be done within the next 5 to 10 years. How does that relate to a 2040 Plan? By 2040 all of that should be done. Ms.Jones replied,we do update this every 10 years.The Metropolitan Council gives the City projections out 30 years. When they see the Implementation chapter, the final chapter of the Plan, for next month's meeting,they will see timelines put to all these actions steps we just went through tonight. They will fmd that most action steps will!be happening within the next 10 years. We have to look further out than 10 years for some of these plans. We are looking at traffic projections 30 years out,because it takes 20 years to get something in MnDOT's budget. Commissioner Hansen asked Ms.Jones if it makes sense if we were looking at making some updates to the different chapters to work in a little bit more goals oriented to specifically domestic portable water use? He agrees the water plan is fantastic and is very thorough especially on storm water but as when Mr. Kosluchar was here about a year ago,walking them through the water supply plan, we talked a lot about 34 Planning Commission Meeting December 20, 2017 Page 17 of 18 how the City's maintenance needs are going to be going up. We want the use to go down to preserve those aquifers and so it is probably trending in opposite directions and probably needs to be discussed a little bit more heavily in this chapter. We want to conserve it but still need to be able to maintain it. Chairperson Kondrick stated there are mixed emotions, too, because the City gets money from water consumption. Ms.Jones stated and that was the quandary when talking about the water supply plan a year ago and was the key thing we debated. At the time, the input the City was getting indicated that even though it is going to cost everyone more, there seemed to be general support for water conservation. Commissioner Hansen did a very good job of explaining that it is about preserving the aquifer, the water supply for the future. That issue was addressed in the Water Supply chapter, you are just not seeing it in what staff presented tonight. Amy Dritz, Fridley resident, stated she lives in the Springbrook Nature Center area. She thanked City staff for writing the Plan. She has not read through a lot of it but just listening to everything and all the action steps there is a lot of work that has been done and it is fantastic. She is very happy to see sustainability goals and resiliency goals, looking out into the future for Fridley. In particular, for the Transportation Goals, No. 3, about keeping Fridley friendly, she would like to see the fact that encouraging or having more pedestrian and bicycle paths is also keeping a friendly atmosphere. It is keeping people out of the cars and keeping people out in the community interacting with each other and it goes a long way to serve a friendly city. She is also happy to hear about Ms. Workin's work on the organics recycling. She is very excited to have that moving forward in Fridley. Ms. Dritz stated on one very particular note,just because she lives off of 79th Way, on figure 3.12, the map that shows the bike and pedestrian routes, it shows one going across 79th Way and that does not go through so she was just curious if there were plans to have that road go across the railroad tracks or if that was a mistake. Ms. Jones replied, figure 3.12 is a map from the City's existing active transportation plan which one of the action steps is to update that every so often. She will have to think about how to convey that. Chairperson Kondrick stated that is a concern and we will get on it. Ms.Jones stated this is a work in progress. Do not be surprised if we see chapters tweaked a little bit and put up on the website because as we fmd things we want to add or change we will be doing that in the next few days and weeks ahead. MOTION by Commissioner Oquist to continue the public hearing. Seconded by Commissioner Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CONTINUED AT 8:32 P.M. RECEIVE MINUTES FROM OTHER COMMISSIONS: 1. Receive the minutes of the November 6,2017,Parks and Recreation Commission Meeting 35 Planning Commission Meeting December 20,2017 Page 18 of 18 MOTION by Commissioner Heintz to receive the minutes. Seconded by Commissioner Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Stacy Stromberg, Planner, stated she had an update from last month's meeting. Commissioner Heintz had a few questions and we were talking about telecom,the small cells and the price that they need to pay in order to be located on the right-of-way and what happens if they damage the right-of-way will they be responsible for that. Staff did have a discussion with the City Attorney who said, yes, that the applicant would be responsible for replacing or fixing anything that was damaged as a result of their work in the City's right-of-way. Ms. Stromberg stated also the Commission will remember the applicants can include up to 15 locations on one application, and the application fee is$150. The question was is that application fee related to all 15 applications or is it$150 per location. Again,the City Attorney said it would be$150 per location. ADJOURN: MOTION by Commissioner Sielaff to adjourn. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:35 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary 36 AGENDA ITEM �f CITY COUNCIL MEETING OF Fridley JANUARY 22, 2018 To: Mayor Scott Lund and Fridley City Councilmembers From: Deborah Dahl,Human Resources Director CC: Walter T. Wysopal,City Managgal / Date: January 18,2018 Re: MEMORANDUM OF UNDERSTANDING Staff is requesting there be an amendment to the current employment agreement between the City of Fridley and Walter T. Wysopal (dated 12/12/2016) in the form of a Memorandum of Understanding to strike the language related to the annual leave cap (Sec. 12,paragraph 2). This amendment would essentially remove the annual leave cap limit for the City Manager,which would become effective 12/31/2017, and would remain in place until the current contract is superseded. The current employment agreement specifies the annual leave cap to be set at 280 hours, similar to other non-union employees. The proposed language would strike the following: "Wyse forth in the City Code 304.1, identical to the leave benefit provided to non union full time ^ wed ployees.,, In reviewing records and in discussions held with other City Managers, it appears to be common for City Managers and Administrators to not have a limit of vacation and/or PTO/annual leave. In addition,the current language puts the City Manager's cap under the amounts recently negotiated through the collected bargaining agreements. In the initial discussions with the City Manager's employment agreement, it was not anticipated there was potential for contract changes or other policy changes, which would affect the City Manager's benefits. It now appears it would be a challenge, if not impractical,to continue to come back to the City Council to amend the City Manager's agreement each time a contract was renegotiated or an internal policy amended. ACTION NEEDED: Staff is requesting that the Council make a motion to approve the attached Memorandum of Understanding, which strikes Section 12,paragraph 2 of the 12/12/2016 Employment Agreement between the City of Fridley and Walter T. Wysopal, effective 12/31/2017. I am able to attend the Council Meeting or if you have any questions or need further information. Thank you for your consideration. 37 MEMORANDUM OF UNDERSTANDING January 22, 2018 This Memorandum of Understanding (MOU) is entered into between the City of Fridley (City) and Walter T. Wysopal (City Manager)as a result of the agreement reached to amend one section of current employment agreement established on December 12, 2016, regarding the annual leave cap. Both the City and Walter T. Wysopal agree to strike and remove the language in Sect. 12, paragraph 2 of the current employment agreement, which reads: This MOU would become effective December 31, 2017, and will direct staff to remove the limit on Wysopal's annual leave cap. This MOU will continue in full force and remain in effect as an addendum to the December 16, 2016, employment agreement until a new employment agreement is reached or superseded. This MOU represents the complete understanding of the City and Walter T. Wysopal regarding this matter. Authorized Signatures: For the City: For Walter T. Wysopal Scott J. Lund, Mayor Walter T. Wysopal, City Manager 38 ((_7 AGENDA ITEM t ' ' COUNCIL MEETING OF JANUARY 22, 2018 CLAIMS CLAIMS 179406 - 179596 39 co00 cu c OO N W0N00O O N N OOoOO0Oi h 00 OO 01 01 {O O O vlu1 .ra nO O in C .-I .i Oi 01 Lei G as N .0 1G an O od p O n v1 fV N N CJ N Z 4 .-I "'� N N v N VI 0 CO r` N N e-1 e4 r0/1 IA O O O 14 m OV .N1 Ni u0i N ..1 M N .D is .O .-1 .1 N1 1D -4. 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O CO O NN N N N O O .-1 0 0 1-1 0 0 o� 0 0 0 .-1 1 ` v v a cIJD 1 CO 0 O O C �7 C Lf; I I 65 AGENDA ITEM trdCITY COUNCIL MEETING OF JANUARY 22, 2018 TO: Waiter Wysopal, City Manager 41 PW18-003 FROM: James Kosluchar, Public Works Director Brandon Brodhag, Civil Engineer DATE: January 16, 2018 SUBJECT: Preliminary Assessment Hearing on West Moore Lake Drive Trail and Street Resurfacing Project No. 2017-21 Following discussion and direction of the City Council,a feasibility report has been prepared by the City of Fridley Public Works Department with reference to the West Moore Lake Drive Trail and Street Resurfacing Project No.ST2017-21.On December 18,2017,this report was presented to the City Council.The City Council set a date for a public hearing on improvements for January 22,2018. The public hearing on improvements was advertised in accordance with statutory requirements,with publication on January 5 and January 12,2018 in the official newspaper.The notice is attached to this Agenda Item.Affected property owners subject to assessment were mailed notice of the public hearing on January 5,2018.The mailing to each property included a preliminary estimated amount of assessment and a project update. This project includes the Lakeview neighborhood.There are thirty-four(34)properties that are along the street rehabilitation portion from Medtronic Parkway to 61st Ave.These properties are subject to a residential assessment on the project of approximately$2070, in conformance with the City of Fridleys Roadway Major Maintenance Financing Policy(see attached project map). Twenty-four (24)properties were notified of the project, but will have no special assessment($0.00)applied as special assessments are proposed only for the street rehabilitation portion of the project. On November 1,2016,property owners and Council Members were invited to attend an open house to discuss the project. All property owners were invited to the open house and have been sent letters stating their property would be subject to assessment for the proposed project. The open house was attended by sixteen(16)residents of the area. On February 7,2017, property owners and Council Members were invited to attend a project meeting to discuss different options that staff developed for the project.Seventeen (17) attendees signed in at the project meeting including Councilmember Varichak, Councilmember Saeflce, and Councilmember Bamette. On August 22,2017, Public Works staff installed a demonstration of the project on West Moore Lake Drive in between 58th Avenue and Marigold Terrace. Staff met with the residents to discuss the demonstration and answer questions on August 24, 2017 after the residents were able to see how the corridor would change with implementation of the preferred traffic calming. 66 Staff recommends the City Council move to open the preliminary assessment hearing on West Moore Lake Drive Trail and Street Resurfacing Project No. ST2017-21 and hear all those who desire to address the Council. BJB/bjb Attachments 67 CITY OF FRIDLEY NOTICE OF HEARING ON WEST MOORE LAKE DRIVE TRAIL AND STREET RESURFACING PROJECT NO. ST 2017-21 WHEAREAS,the City Council of the City of Fridley,Anoka County,Minnesota has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFORE,NOTICE IS HEREBY GIVEN THAT on the 22nd day of January,2018,at 7:00 p.m. the City Council will meet at the Fridley Municipal Center Council Chambers,6431 University Avenue,N.E.,Fridley,MN and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction(in the lands and streets noted below)of the following improvements,to-wit: Street and utility improvements, including milling,bituminous asphalt overlay,pavement reclamation, trail and bicycle lane construction,drainage,water main,and utility repairs including the street segments as follows: WEST MOORE LAKE DRIVE from MEDTRONIC PARKWAY(57Th AVE)TO TRUNK HIGHWAY 65 All of said land and parcels abutting the list of street segments above are to be assessed proportionately according to the benefits received by such improvement. The City Engineer has estimated the project cost to be$630,000. A tabulation of costs is available at the City's Engineering Office. A reasonable estimate of the impact of the assessment for each property will be available at the hearing. The City Engineer will be present to describe the physical and financial impact of the proposed project as described in the project feasibility report and proposed plans and specifications. Hearing impaired persons planning to attend the public hearing who need an interpreter or other person with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than the 191 day of January,2018. Published: Fridley Focus January 5,2018 January 12,2018 68 Fridley FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 (763)571-3450• FAX(763)571-1287•WWW.CLFRIDLEY.MN.US January 2, 2018 PW18-001 Subject: Public Hearing for Project No. ST2017-21 Dear Property Owner: The Fridley City Council will conduct a public hearing to consider authorizing construction of the West Moore Lake Drive Trail and Street Resurface Project No.ST2017-21. A presentation will be given before Council that will provide information on estimated costs,funding,special assessments,and construction. When: Monday, January 22, 2018; 7:00 p.m. Where: Fridley Municipal Center, Council Chambers 6431 University Avenue NE, Fridley, MN • You are subject to a special assessment and your preliminary estimated assessment is $0.00 This is in accordance with the City of Fridley special assessment policy and is based on best available information of estimated project costs, and assumes similar application of special assessments as in previous projects to the property identified below. Assessment payment options will be presented at the hearing. PROPERTY IDENTIFICATION NUMBER: XXXX SUBJECT PROPERTY ADDRESS: XXX BAKER AVE NE FRIDLEY, MN 55432 We look forward to seeing you at the public hearing. If you have questions please call James Kosluchar, Public Works Director at 763-572-3554. Sincerely, James P. Kosluchar, P.E. Director of Public Works Publication and Project Area Map(Back of Page) 69 NOTICE IS HEREBY GIVEN THAT on the 22nd day of January, 2018, at 7:00 p.m. the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Avenue, N.E., Fridley, MN and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below)of the following improvements, to-wit: Street and utility improvements, including milling, bituminous asphalt overlay, pave reclamation,trail and bicycle lane construction, drainage, water main, and utility repairs including the street segments as follows: WEST MOORE LAKE DRIVE from MEDTRONIC PARKWAY(57TH AVE)TO TRUNK HIGHWAY 65 All of said land and parcels abutting the list of street segments above are to be assessed proportionately according to the benefits received by such improvement. Only street resurfacing improvements are "`a'` r recommended to be subject to special MIMS marassessment. c� e s,e .z3: aFridley .7t The City Engineer has estimated the project _-a_ West Moore Lake cost to be $630,000. A ®�� ;" Trace and Resurfacing tabulation of costs is Project No.ST20f7.21 available at the City's Engineering Office. A reasonable estimate of ._, the impact of the i assessment for each r -4 property will be 4 available at the hearing. The City Engineer will a= _. be present to describeIii , the physical and t ," financial impact of the ! proposed project as described in the project feasibility report and proposed plans and [ ---«f-StreetTrail T,a xr rvt. e specifications. )„, LA ons=reef Tra "T. .Street Resurfacing r ' Parcels to be Assessed,LDR, Hearing impaired wi persons planning to MParcels to be Assessed(Non-LDR) attend the public / \ ®Parcels t9 be NOMied hearing who need an e r'-. .. e{p interpreter or other ; amp S,k:et persons with disabilities '-, �, owl ; who require auxiliaryr aids should contact " .,4G14%1AkA Rs, Roberta Collins at 763- j; /' .:16 ' c 13...,!--:, 572-3500 no later than c *Lt,_ ,`' - ` the 19t day of January, 2018. ___, .,.__. 70 Public Works Department — Engineering Division Fridley (763) 572-3554 January 2, 2018 West MooreDrive fake T and ResurfacingProject Notice The City of Fridley Engineering Staff would like to update you on the current status of the West Moore Lake Drive Trail and Street Resurfacing Project. Many of you have attended the multiple meetings about the project, and we thank you for your time attending these. Subsequent to these meetings and your input, engineering staff looked at different design options for the off- street trail, and felt that moving the proposed trail to the west side of the street from Medtronic Parkway to 61st Avenue was the best option. While utility coordination is more extensive, this design provides a superior alternative. The western curb will bump out ten (10) feet, creating a 10-foot bituminous shared use trail from where the existing curb was to the new curb placement. This will eliminate parking on the west side of the street from Medtronic Parkway to the south side of the high school. There will be crossings at each adjacent street (58th Avenue, Marigold Terrace, and 59th Avenue), marked with crosswalks. The westerly alignment provides additional safety by eliminating the need for mid-block crossings on West Moore Lake Drive near the Fridley High School, will improve existing sightlines at intersections (including 58th Avenue), and reduces the number of driveway crossings. The new alignment also reduces parking conflicts, as more properties have options for parking on a side street and accessing via the trail with no need for crossing the road. The new alignment similarly improves delivery and bus service, as these can be accomplished using side streets. At the high school, the trail will then transition to the back side of the existing curb and connects to the existing five (5) foot concrete sidewalk. Additional five (5) foot concrete panels will be installed to create a ten (10) foot multi-use shared trail from the south side of the high school to 61st Avenue. There will be no change to the street lane widths in this section of the project. For the 615t Avenue to Highway 65 section of the project, we will be adding designated bike lanes on both sides of the street, paired with two (2) driving lanes (One in each direction) and a parking lane on the north side of the street as previously presented. Again, no change to roadway width is needed with this design. Maintenance of the trail will be the responsibility of the City of Fridley, and we have upgraded our trail maintenance program this year, partially in response to your feedback. If you would like to discuss this proposal with our staff, contact Brandon Brodhag at (763) 572-3554. 71 l` I 111111111111111,111111iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii MMMMMMMMN31111111 a111111111a111111111 111a11111111111111113111111111111 §l5111fflflflflfflflllffffffffffffffllfflffffflflflffflfflfff hili1 111111111111111111111111111/11111111111111/11/111111111 �z� ii�z�z :i�zzzz ���i�z���i s" l�C��cl�e� � �e�4c�Y�l��e���� €88 88 688 €��8€p8 S€5€E€€E8€8�E14��E€�pl6lE MTH:" og 3 '� '� � x1111;11 ; Sam:1111 111:111311111111111: 411HH11 Hila11156smaggli $$$alilliiiiiiiii11111;11ssolvo3333;3313;1 1111111111111111111111111111111111111111111111111111111111111 liffigiffilliffiliffilifilifiliffilliff1162111111111111111111 Iiiiiiiiiiiiiiii111111111111111/11111/11111/1111iiiiiiiiiiiiiII ! !!Ig a; ;asaaaaa aa a 1 1s a;a a1sa oo aaaa3a a= €e;;aa3aa€a __ liiiiiihh33H 1H; 31113 3131111113 3 as a�aaas asaa3as ;; ; aa a ;a ; a 'baa ss seas a z 72 AGENDA ITEM firofejCITY COUNCIL MEETING OF JANUARY 22, 2018 TO: Walter T. Wysopal, City Manage PW18-004 FROM: James Kosluchar, Public Works Director Brandon Brodhag, Civil Engineer DATE: January 18, 2018 SUBJECT: West Moore Lake Drive Trail and Street Resurfacing Project ST2017-21 Resolution Directing Preparation of Final Plans and Ordering Advertisement for Bids The attached resolution directs preparation of final plans and specifications and authorizes the advertisement for bids for the West Moore Lake Drive Trail and Street Resurfacing Project No. ST2017-21. This year, the City's annual street rehabilitation program includes this segment in the Lakeview neighborhood. The total project length is approximately 1.1 miles. Of the total project length, the street rehabilitation segment length is approximately 0.56 miles. The street rehabilitation project compliments and combines improvements including an off- street shared use trail and roadway resurfacing on West Moore Lake Drive from Medtronic Parkway to 61St Avenue to Trunk Highway 65. The neighborhood is generally bordered by Medtronic Parkway NE to the south, 61st Avenue NE to the north, Moore Lake/Trunk Highway 65 to the east and access roads into other parts of the Lakeview neighborhood to the west. The street segments were constructed in 1970. A majority of the streets last received a sealcoat in 2005. Rehabilitation of the streets will include asphalt reclaiming, asphalt paving, concrete curb repairs, and miscellaneous utility repairs. Damaged or settled concrete curbs will be replaced. A portion of the project will be replaced by reclamation, or grinding the top 8 to 12 inches of the roadway pavement and reusing that material as the new base for the new pavement, and the remainder will be completed by mill and overlay, or milling the top 2 inches of the existing pavement and overlaying that base with new bituminous. Both methods provide a new driving surface. The difference in which method is used depends on the condition of the existing road, and whether utility work is required. Water main improvements will include existing valves within the project area will either be replaced, or repaired, and fire hydrants will be replaced with the project. Sanitary sewer repairs will not be a part of the West Moore Lake Drive Trail and Street Resurfacing project. Storm sewer repairs will include manhole and inlet adjustments and repairs. Catch basin structures are generally in good condition, but structures in the project area have been identified as requiring repair, and this work will be included in the project. 73 Agenda Item City Council Meeting of January 22, 2018 Page 2 Costs for this project will be paid using Federal funding for trail and bike lane elements,and Minnesota State Aid System funding, and special assessments for the street rehabilitation. Only the street rehabilitation work is subjected to special assessment. A Public Hearing on special assessments for this project is scheduled to be held at the January 22, 2018, City Council meeting. Comments received at the public hearing will be considered and used in the preparation of the final plans for the project. Staff recommends that the City Council move to approve the attached resolution ordering final plans, specifications and calling for bids for West Moore Lake Drive Trail and Street Resurfacing Project No. ST2017-21. BJB/bjb Attachments 74 RESOLUTION NO. 2018 - RESOLUTION ORDERING FINAL PLANS, SPECIFICATIONS AND CALLING FOR BIDS: WEST MOORE LAKE DRIVE TRAIL AND STREET RESURFACING PROJECT NO. ST 2017 -21 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby, and WHEREAS, the City of Fridley has prepared a Capital Investment Program to systematically reconstruct streets in the City regularly to maintain roadway quality and performance, and WHEREAS, the City of Fridley's Engineering Department has completed preparation of a feasibility report and estimates of costs thereof for the improvements, and WHEREAS, it is the intent of the City of Fridley to fund a portion of the project costs through special assessments to benefiting property owners in accordance with its Roadway Major Maintenance Policy, and WHEREAS, pursuant to direction of the City Council, a report has been prepared by the City of Fridley Public Works Department with reference to the specific improvements, and WHEREAS, Resolution No. 2017-75 adopted December 18, 2017 received the feasibility report and called for a public hearing on the matter of the construction of certain improvements listed therein, and WHEREAS, a public hearing regarding said improvements was set for January 22, 2018, and ten days' mailed notice and two weeks' published notice of the hearing was given, and WHEREAS, at said hearing on improvements, the City Council heard all those persons that desired to address the Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. The improvements proposed in the feasibility report are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street and utility improvements, including milling, bituminous asphalt overlay, pavement reclamation, trail and bicycle lane construction, drainage, water main and utility repairs including the street segments as follows: 75 WEST MOORE LAKE DRIVE from MEDTRONIC PARKWAY(57TH AVE)TO TRUNK HIGHWAY 65 3. That the work be incorporated in the WEST MOORE LAKE DRIVE TRAIL AND STREET RESURFACING PROJECT NO. ST2017-21. 4. That the work be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 5. That the Director of Public Works, James P. Kosluchar, P.E. is hereby designated as the engineer for this improvement. He shall oversee the preparation of plans, specifications and estimates of costs thereof for making of such improvements. 6. That final plans, specifications, and estimates are prepared by the Public Works Engineering Division and provided to the City Council as they are completed. 7. That the Engineering Division call for bids in order that project award and construction can be considered. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF JANUARY, 2018. ATTESTED SCOTT J. LUND - MAYOR DEBRA A. SKOGEN - CITY CLERK 76 AGENDA ITEM 0` °f CITY COUNCIL MEETING OF FridlIII ey JANUARY 22, 2018 Date: January 22, 2018 To: Walter T. Wysopal, City Manageizie/ From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Rachel Workin, Environmental Planner Subject: Organics Curbside Collection Contract Contract Summary The Organics Curbside Collection Contract defines the responsibilities of the City and the Contractor in the implementation of the Organics Curbside Collection Program. The Organics Curbside Collection Program provides Fridley residents the opportunity to voluntarily subscribe to a service for the collection of source- separated organic material from their home for processing into compost at a commercial facility. Under this Contract,the City is responsible for education and initial notification related to the Program. Residents will contact the City to subscribe to the Program,and the City will provide the Contractor with the needed subscribing residents' information. The Contractor is responsible for weekly collection of organic material, distribution of the 30-gallon Organics Cart used to store the organic material between collection dates, and proper disposal of the organic material at an approved processing facility. All collection will initially occur one day a week and may increase, as needed, based on participation. The Contractor is responsible for determining collection routes and any notification related to changes in the collection schedule. The Contractor is also responsible for the direct billing and collection of payment from subscribers to the Program, which will be in the amount of$10 a month including the Organics Cart.The Contractor shall bill subscribers following the end of each ninety day period or final bill of service. Subscribers may cancel the service by calling the Contractor. This Contract does not obligate the City to any payment to the Contractor for the collection and disposal of the organic material. The duration of this Contract is from April 1,2018 until April 30, 2019 with the opportunity to renew the Contract in one year increments thereafter under mutual agreement of the City and Allied Waste Services of North America LLC. 77 Background The legislature sets recycling goals for counties, which create annual goals for their cities to accomplish (Minn. Stat. § 115A.551). Each city must create plans for the recovery of source-separated recyclables and organics and verify the weights collected. Organics are a source-separated compostable commodity (e.g. vegetable scraps, meat, paper towels, compostable flatware)which can be used in the commercial manufacture of compost. The current State goal specifies 75%combined recycling and organics recovery from Mixed Municipal Solid Waste by 2030 with 60%of that material coming from recycling and the remaining 15% from the collection of organics. In order to achieve this goal,the City of Fridley updated Fridley City Code Chapter 113 in 2016 to specify the requirements for organics collection and organics collection licensure. Under Chapter 113,a hauler who has a current contract with the City may receive a Class VI license classification to collect organics from households of units 1-4 who voluntarily elect the service. Residents that do not elect the service can bring their organics to drop-off sites operated by Anoka County and neighboring communities. A Request for Proposal (RFP)to select the hauler to award the Organics Curbside Collection Contract was issued on October 10,2017. Four proposals were received by the submittal deadline of November 6, 2017. The proposal submitted by Allied Waste Services of North America LLC, operating in the State of Minnesota as Republic Services of Blaine,was deemed the recommended proposal based on the evaluation criteria outlined in the RFP. A Contract for Organics Curbside Collection was created based on the submitted proposal. Recommendation Staff recommends that the City Council approve the attached resolution at its January 22,2018 meeting authorizing the Mayor and City Manager to execute the Organics Curbside Collection Contract provided that it is substantially similar to the document attached as Exhibit A. 78 RESOLUTION NO. 2018- A RESOLUTION TO APPROVE RESIDENTIAL ORGANICS CURBSIDE COLLECTION CONTRACT: ALLIED WASTE SERVICES OF NORTH AMERICA LLC WHEREAS, Minn. Stat. § 115A.551 sets the goal to recycle 75 percent by weight of total solid waste generated by December 31, 2030; and WHEREAS, the Minnesota Pollution Control Agency set a goal to recycle 15 percent of source separated-compostable material, also known as organics, by 2030 as part of the Metropolitan Solid Waste Management Plan 2016-2036; and WHEREAS, Fridley City Code Chapter 113 specifies that a hauler who has a current Organics Collection contract with the City may receive a Class VI license classification to collect organics from households of units 1-4 that voluntarily elect the service; and WHEREAS, the City of Fridley issued a Request for Proposal for the provision of such services; and WHEREAS, Allied Waste Services of North America LLC operating in the State of Minnesota as Republic Services of Blaine, submitted the recommended proposal and is willing to perform the obligations set forth by this Contract; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Manager are authorized to execute the Organic Curbside Collection Contract, provided it is substantially similar to the document attached to this Resolution as Exhibit A, subject to approval as to its form by the City Attorney. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,2018. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 79 Organics Curbside Collection Contract THIS CONTRACT, made and entered into this day of 2018, by and between the CITY OF FRIDLEY, MINNESOTA, a Minnesota municipal corporation (hereinafter called the "City"), and ALLIED WASTE SERVICES OF NORTH AMERICA, LLC, a Delaware limited liability company, qualified to do and actually doing business in the State of Minnesota as Republic Services of Blaine (hereinafter called "Contractor"). WITNESSED, THAT in consideration of the covenants and agreements contained in this Contract, to be performed by the parties and of the payments agreed to be made, the parties agree as follows: 1. The Contractor shall receive the sole and exclusive Class VI license within the territorial jurisdiction of the City permitting the Contractor to be the sole and exclusive provider of the services under this Contract; provided that the Contractor applies for, obtains and maintains such license. Contractor shall furnish all personnel, labor, equipment, trucks, and all other items necessary to collect the Organic Materials (as defined in Exhibit A) during the term of this Contract for the Residential Units(as defined in Exhibit A). 2. The Contract Documents shall include the following documents, and this Contract expressly incorporates same as fully as if set forth verbatim in this Contract: a. Exhibit A - General Specifications b. Exhibit B - Insurance Requirements c. Exhibit C - Contractor's Proposal/Pricing d. Any addenda or changes to the foregoing documents agreed to in writing by the parties hereto. 3. All provisions of the Contract Documents shall be strictly complied with and conformed to by the Contractor, and no amendment to this Contract shall be made except upon written consent of the parties. No amendment shall be construed to release either party from any obligation of the Contract Documents except as specifically provided for in such amendment. 4. The initial term of this Contract shall be from April 1, 2018 (the "Effective Date") until April 30, 2019. [signature page to follow] Resolution Exhibit A I 80 IN WITNESS HEREOF, the parties hereto have caused this Contract to be duly executed and delivered as of the day and year first written above. CITY OF FRIDLEY, MINNESOTA BY: , Mayor BY: City Manager ON: , 2018 ALLIED WASTE SERVICES OF NORTH AMERICA, LLC, doing business as Republic Services of Blaine BY: NAME: TITLE: ON: , 2018 Resolution Exhibit A 2 81 EXHIBIT A GENERAL SPECIFICATIONS 1. DEFINITIONS 1.1 Bulky Waste— Stoves, refrigerators (with all CFC removed), water tanks, washing machines, furniture and other similar items. 1.2 City— City of Fridley, a Minnesota municipal corporation. 1.3 Compostable Bag — Compostable bags must meet all the specifications in ASTM Standard Specification for Compostable Plastics (D6400) compostable bags. Acceptable bags include either paper (Kraft) or special organics bags designed to breakdown during composting. 1.4 Construction Debris — Waste building materials resulting from construction, remodeling, repair or demolition operations at a Residential Unit. 1.5 Dead Animals - Animals or portions thereof that have expired from any cause, except those slaughtered or killed for human use. 1.6 Education Tag— An information tag notifying residents about unacceptable materials set out for collection. The tag shall also contain information regarding disposal requirements. 1.7 Excluded Waste — Excluded Waste is any and all waste or materials not generated from a Residential Unit and all Bulky Waste, Recyclables, Construction Debris, Dead Animals, Mixed Municipal Solid Waste, Hazardous Waste, Special Waste and Yard Waste. Excluded Waste includes the following: diapers, diaper wipes, excess grease and cooking fats, twist ties, paper clips or staples, plastic containers, liners or non-compostable bags, bottles, cans or plastic containers, Styrofoam containers, single-cup coffee maker plastic cups, aluminum foil or tin foil, take-out food containers that are foil-lined cartons, containers or packaging, personal hygiene products, microwavable popcorn bags and other waste or materials the Contractor designates as not-acceptable to collect from the Residential Units and process at the Processing Facility. 1.8 Hazardous Waste Hazardous Waste is a form of Excluded Waste and is defined as any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or listed or characteristic Hazardous Waste as defined by federal, state, provincial or local law or any otherwise regulated waste. Hazardous Waste shall include, but not be limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976, as amended, and including future amendments thereto, and any other applicable federal, state or local laws or regulations. 1.9 Mixed Municipal Solid Waste — Garbage, refuse, and other solid waste, except construction and demolition waste, from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, as defined in Minnesota State Statutes Chapter 115A. Resolution Exhibit A 3 82 1.10 Organics Container — A receptacle with the capacities that is designed for the purpose of curbside collection of Organics and is constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tight fitting lid. The mouth of a container shall have a diameter greater than equal to that of the base. 1.11 Processing Facility — A processing facility designated by Contractor licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive for processing of the Organics. 1.12 Producer — An occupant of a Residential Unit who generates Organics and voluntarily subscribes to Organics recycling service contemplated by this Contract. 1.13 Recyclable — Materials that are separated from mixed municipal solid waste for the purpose of reprocessing, including, but not limited to, metal, paper, glass, plastics, and textiles. This does not include material used to create refuse-derived fuel or material that is destroyed by incineration or Organics. 1.14 Residential Units — Attached and detached single-, double-, triple- and quadruple-dwelling units and manufactured homes. 1.15 Source Separated Compostable Materials - Those materials defined in City Code Section 113.02.17 and generally referred to as "Organics". Organics means by way of example organic waste and food waste, including the following: dairy products, food-soiled paper products, certified compostable products, compostable bags, hair, nail clippings, eggs and egg shells, peanut shells, coffee grounds, vegetables and fruits, tea leaves, tea bags and other waste or materials the Contractor designates as acceptable to collect from the Residential Units and process at the Processing Facility. 1.16 Special Waste — Special Waste is a form of Excluded Waste and is defined as nonhazardous, solid waste that is subject to additional governmental regulations or special handling requirements in collection, transportation, processing or disposal as a result of the characteristics of, or processes which generate, such waste. Special Waste includes, but is not limited to: (a) waste iron from a commercial or industrial activity; (b) waste generated by an industrial process or a pollution control process; (c) waste which may contain free liquids; (d) waste which may contain residue and debris from the cleanup of a spill of petroleum, chemical or commercial products or wastes, or contaminated residuals; (e) articles from the cleanup of a facility which generates, stores, treats, recycles or disposes of chemical substances, commercial products or wastes; (f) wastes which are nonhazardous as a result of proper treatment pursuant to Subtitle C of the Resource Conservation and Recovery Act of 1976 ("RCRA"); (g) asbestos containing or asbestos bearing material that has been properly secured under existing federal, state, provincial and local laws, rules and regulations; Resolution Exhibit A 4 83 (h) containers that once contained hazardous substances, chemicals, or insecticides so long as such containers are "empty" as defined by RCRA; (i) municipal or commercial solid waste that may have come into contact with any of the foregoing; (j) filter cake sludge wastes from waste water treatment processes; (k) wastes containing any regulated polychlorinated biphenyls; and, (1) ash, sludge, tires and powders_ 1.17 Yard Waste — Garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings. 2 SCOPE OF WORK 2.1 General. The work under this Contract shall consist of all inscription, billing, the supervision, materials, equipment, labor and all other items necessary to collect and process the Organics from all Producers in accordance with the Contract Documents, including Exhibit C. 2.2 Work Not Covered By Contract. The work under this Contract does not include the collection or disposal of Excluded Waste. 2.3 Work Separately Contracted at Contractor's Election with Residential Units. Contractor may provide the services under this Contract pursuant to individual agreements negotiated between Contractor and the Producers under such terms and conditions as may be mutually agreed upon by Contractor and the Producer; provided, such services shall be provided in compliance with the terms and conditions of this Contract and such terms and conditions of any such individual agreements shall not conflict with the terms of this Contract. 3 COLLECTION OPERATIONS—GENERAL PROVISIONS 3.1 Containers. Containers shall be distinguished from other waste and recycling containers. Containers shall be labeled with the Contractor's name and customer service phone number. The Contractor shall provide containers to new customers that subscribe into the program after the program has commenced within one week of inscription or as otherwise agreed with such customer. Damaged and/or missing containers shall be replaced within one week from notification by the Producer. Contractor shall not be required to provide Compostable Bags for Producers use and Producers shall be required to utilize Compostable Bags to receive the services under this Contract. 3.2 Location of Containers for Collection. Each Container shall be placed at curbside for collection. Curbside refers to that portion of right-of-way adjacent to paved or traveled City roadways. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, Containers shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any Container not so placed or any Organics not in a Container. Resolution Exhibit A 5 84 3.3 Hours of Operation. Collection of Organics shall not start before 6:30 A.M. or continue after 8:30 P.M. on the same day. Exceptions to collection hours may be modified only upon the mutual agreement of the City and Contractor. 3.4 Routes of Collection. Residential Unit collection routes shall be established by the Contractor. Collection shall only be permitted Monday through Friday. The Contractor may from time to time make changes in routes or days of collection affecting Residential Units, provided such changes in routes or days of collection are submitted to the City at least two (2) weeks in advance of the commencement date for such changes. 3.5 Marketing. The City shall, at its cost, notify the Residential Units of the services provided under this Contract no later than sixty (60) days prior to the commencement of such services and at least on a quarterly basis through mediums such as mailings, the City's newsletter, and social media thereafter. Such notification shall include the items that are acceptable and not acceptable for collection and processing. The City shall provide the Contractor prior review of such marketing materials and consider the Contractor's suggestions in connection with such marketing and such marketing materials. The Contractor also retains the right to market the services provided under this Contract to the Residential Units. 3.6 Holidays. The following shall be holidays for purposes of this Contract: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection service on the holiday, but such decision in no manner relieves Contractor of its obligation to provide weekly collection service. 3.7 Complaints. All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of such Organics not collected within one (1) business day after the complaint is received. 3.8 Collection Equipment. The Contractor shall provide an adequate number of vehicles meeting standards and inspection requirements as set forth by the laws of the State for the collection of Organics pursuant to this Contract, as well as City Code Chapter 113. For Organics collection, all vehicles and other equipment shall be kept in good repair and appearance at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor and an identifying truck number. 3.9 Hauling. All Organics hauled by the Contractor shall be contained or enclosed in the collection vehicle so that leaking, spilling or blowing are minimized. 3.10 Delivery. All Organics collected for delivery by the Contractor shall be hauled to a Processing Facility selected by the Contractor and approved by the City (which such approval shall not be unreasonably withheld, delayed or conditioned). The charge for delivery to the Processing Facility shall be included in the rates set forth in Exhibit C for the Residential Units serviced by the Contractor. Any revenue obtained by Contractor from the sale of the Organics shall belong to Contractor. Resolution Exhibit A 6 85 3.11 Notification. The City shall notify all Producers about complaint procedures, rates, regulations, routes, and day(s) for scheduled Organics collections. The entity instituting any changes to such complaint procedures, rates, regulations, routes, and day(s) for scheduled Organics collections shall notify all Producers of such change . Any substantial changes to should be submitted to the City with two (2)weeks advance notice. 3.12 Litter or Spillage. The Contractor shall not litter premises in the process of making collections, but Contractor shall not be required to collect any that has not been placed in approved containers or in a manner herein provided. During hauling, all Organics shall be contained or enclosed so that leaking, spillage or blowing is minimized. In the event of spillage by the Contractor, the Contractor shall be required to promptly clean up the litter caused by the spillage. 3.13 Hours of Service. The Contractor shall provide customer service and an office equipped with phone, email access and a web site to receive calls and emails between the hours of 7:30 a.m. and 5:00 p.m. on weekdays, with the exception of New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day. 3.14 Producer Service/Complaint Log. The Contractor shall keep a customer service log of City resident contacts and City staff contacts, including type of contact, subject matter, date and the time received, the Contractor's response, and the date and time of response. The Contractor shall provide the log to the City upon request. 4 BASIS OF PRICES AND METHOD OF PAYMENT 4.1 Organics Collection and Processing Rates. (a) The prices to be paid by the Producer to the Contractor for the collection and processing of Organics from the Producer's Residential Unit shall be as shown on Exhibit C, as adjusted in accordance with this Contract. The Producer shall also pay Contractor the other costs and charges as specified in this Contract. (b) In the event that the Organics collected by Contractor hereunder becomes no longer processable by a Processing Facility and must therefore be disposed of at a disposal site, the Contractor may terminate this Contract and any contracts with the Producers and cease providing the services contemplated under this Contract without any liability or penalty. Neither party guarantees the existence of a market or any commodity buyer at any time for the Organics. 4.2 Change in Rate. Contractor may adjust the price to be paid by the Producer for the collection and processing of Organics at the time of any contract renewal to adjust for increases in costs to Contractor (including due to changes in local, state, or federal rules, ordinances or regulations, and changes in taxes, fees or other governmental charges (other than income or real property taxes)). The Contractor must advise the City of any change in rate in writing as part of the parties' mutual consent to renew the Contract. Resolution Exhibit A 7 86 4.3 Contractor to Act as Collector. The Contractor shall submit statements to and collect the amount due from the Producers, including delinquent accounts, for services provided by the Contractor pursuant to this Contract. 4.4 Contractor Billings to Producer. The Contractor shall bill the Producer for Organics collection and processing services rendered to Residential Units within twenty (20) days following the end of each ninety (90) day period or final bill of service and the Producer shall pay the Contractor within twenty (20) days of receipt of an invoice. Such billing and payment shall be based on the price rates and schedules set forth in the Contract Documents. Payments not made by the Producer on or before their due date shall be subject to late fees of: a)the greater of five dollars ($5) or one and one-half percent (1.5%) per month or portion thereof; or, b)the maximum allowed by law, if less than a). 5 COMPLIANCE WITH LAWS The Contractor shall conduct operations under this Contract in compliance with all applicable laws, including local ordinances; provided, however, that this Contract shall govern the obligations of the Contractor where there exist conflicting ordinances of the City on the subject. 6 NON-DISCRIMINATION Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion or national origin. 7 RISK ALLOCATION AND INDEMNITY 7.1 Contractor shall be responsible for any and all claims for personal injuries or death, or the loss of or damage to property to the extent caused by Contractor's negligence or acts of willful misconduct or those of its subcontractors or agents. 7.2 City shall be responsible for any and all claims for personal injuries or death, or the loss of or damage to property to the extent caused by the City's negligence or acts of willful misconduct or those of its contractors or agents. 7.3 Indemnity. The Contractor agrees to indemnify, defend and hold the City, its agents, contractors, subcontractors, officials, employees, attorneys, boards, Council, agents, volunteers and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorneys' fees, that the party incurs or suffers, which arise out of, result from or relate to the Contractor's negligence in its performance of the services under this Agreement. Contractor's indemnification obligation to the City for any City liability to third parties shall be capped at the City's maximum liability limits set forth in Minnesota Statutes Chapter 466, exclusive of the City's reasonable attorneys' fees and related litigation expenses. Such reasonable attorneys' fees and related litigation expenses shall not be subject to said cap and Contractor shall indemnify the City for those fees and expenses in addition to its indemnification obligation for any City liability to third parties. In no event shall the Contractor be responsible to indemnify any party indemnified under this section for any claims, demands, actions, suits,proceedings, losses, costs, expenses, obligations, Resolution Exhibit A 8 87 liabilities, damages, recoveries and deficiencies, including interest, penalties and reasonable attorneys' fees, that are incurred due to the negligence or intentional misconduct of any party indemnified under this section. The parties further agree that this indemnity obligation shall survive the completion or termination of this Agreement. 7.4 Governmental Immunity. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought against the City shall be subject to the maximum liability limits provided in Minnesota Statutes Section 466.04 subdivision 1 (to the extent applicable). 7.5 Disposal Fines and Penalties. Contractor is solely responsible for all fines and penalties imposed by any governmental agency relating to the hauling or disposal of Organics and it shall indemnify, defend and hold the City harmless therefrom pursuant to Section 7.3. 7.6 No Claims. Contractor agrees to pay all persons doing work or furnishing skill, tools, machinery, or materials or insurance premiums or equipment or supplies and all just claims for such work, material, equipment, insurance, and supplies in and about the performance of this Agreement. Contractor shall indemnify, defend and hold the City harmless from such claims pursuant to Section 7.3. 8 LICENSES AND TAXES The Contractor shall obtain all licenses and permits (in addition to the license and permit granted by this Contract) and promptly pay all taxes required by the City and by the State. 9 FORCE MAJEURE Any failure or delay in performance under this Contract due to contingencies beyond a party's reasonable control, including, but not limited to, strikes, riots, terrorist acts, compliance with applicable laws or governmental orders, fires, bad weather and acts of God, shall not constitute a breach of this Contract, but shall entitle the affected party to be relieved of performance at the current pricing levels under this Contract during the term of such event and for a reasonable time thereafter. 10 ASSIGNMENT OF CONTRACT Neither party may assign this Contract in its entirety without the other party's prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Contractor may assign this Contract without the City's consent to its parent companies or any of their affilaited entities, to any person or entity who purchases all or substanially all operations from Contractor or as a collateral assignment to any lender to Contractor. The Contractor shall provide thirty (30) days notice and identifying information to the City prior to assignation of this Contract to any other person. 11 EXCLUSIVE CONTRACT Upon the execution of this Contract by both parties, the Contractor is entitled to receive the sole and exclusive Class VI license within the territorial jurisdiction of the City permitting the Resolution Exhibit A 9 88 Contractor to be the sole and exclusive provider of the services under this Contract; provided that the Contractor maintains such license. 12 TITLE TO WASTE AND ORGANICS Title to Organics shall pass to the Contractor when placed in Contractor's collection vehicle. If Excluded Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the Container and shall leave the Producer an educational tag that explains why the waste is an Excluded Waste. 13 REPORTING Contractor shall submit monthly reports either by mail or electronically to the City, by the 10th of the month of the following month, and more frequently as requested. The monthly report shall provide an explanation of any changes in procedures to address complaints, describe any significant changes in end markets and alert the City to any pending conditions that may affect the Organics collection programs. All reports shall be submitted electronically and include: (a) Participation numbers, including number of new inscriptions, for curbside Organics collection per route and date. (b) Educational tag reports and driver reports (c) Weight slips for Organics collected from the Residential Units. 14 LICENSING Upon the parties' execution of this Contract, the Contractor shall be required to apply for, obtain and maintain during the term or any renewal term of this Contract a Class VI license from the City. Contractor's failure to obtain or maintain a Class VI license during the term or any renewal term of this Contract shall be grounds for termination of this Contract by the City. 15 TERMINATION OF CONTRACT 15.1 Termination by City. In the event of a failure by Contractor to perform any material provision of this Contract,the City shall give written notice of such breach to the Contractor along with at least thirty (30) days (the "cure period") to correct such breach. City may terminate this Contract after such cure period if Contractor has not adequately corrected such breach in accordance with this Contract and City so notifies Contractor in writing of such termination action. 15.2 Termination by Contractor. In the event of a failure by City to perform any material provision of this Contract, the Contractor shall give written notice of such breach to the City along with at least thirty (30) days (the "cure period") to correct such breach. Contractor may terminate this Contract after such cure period if City has not adequately corrected such breach in accordance with this Contract and Contractor so notifies City in writing of such termination action. 15.3 Following any such termination or expiration of this Contract, neither party shall have any further obligation under this Contract other than for claims arising prior to such termination Resolution Exhibit A 10 89 date or expiration date and provisions that expressly survive the termination or expiration of this Agreement such as the indemnification obligations set for the in Section 7.3. 15.4 Container Removal. Following termination or non-renewal of this Contract by the City or Contractor, the Contractor shall remove all Containers for Organics placed pursuant to this Contract within two (2) weeks at no additional cost. 16 RENEWAL OF CONTRACT This Contract is renewable, upon the written mutual consent of the parties, in one year increments. The parties shall agree in writing by January 1St of any given year whether the parties mutually agree to renewal of the contract and rate increase, if any. A list of active accounts must be provided in the monthly report delivered on January 10 if this Contract is not mutually renewed and again as part of the monthly report delivered April 10. 17 CONTRACTOR'S PROPERTY All containers, trucks and any other equipment that Contractor furnishes under this Contract shall remain Contractor's property. City and its residents shall use the equipment only for its proper and intended purpose and shall not overload(by weight or volume), or alter the equipment. 18 NEWLY DEVELOPED AREAS The Contractor will, within thirty (30) days of notification to the City, provide Organic Material collection and disposal services of the same frequency and quality required by this Contract to newly developed areas within the City's current territorial limits. Any areas that may be annexed by the City which contain Residential Units which the City would like Contractor to service, shall be subject to negotiation of a mutually acceptable amendment to this Contract and possible adjustment to Contractor's pricing for such new areas. 19 MISCELLANEOUS TERMS 19.1 Affiliates. Contractor may provide any of the services covered by this Contract through any of its affiliates or subcontractors, provided that Contractor shall remain responsible for the performance of all such services and obligations in accordance with this Contract. In the event, Contractor provides services through its affiliates, the Contractor must notify the City thirty (30) days in advance and provide affiliates' name, contact information, and proof of fulfillment of all statutatory and local licensing requirements. 19.2 Confidentiality. Contractor shall have no confidentiality obligation with respect to any Organics collected pursuant to this Contract. 19.3 No Guaranties or Liquidated Damages. Except as may be specifically provided herein, Contractor provides no guarantees or warranties with respect to the work performed. No liquidated damages or penalties may be assessed against Contractor by City. 19.4 Intellectual Property. No intellectual property (IP) rights in any of Contractor's IP are granted to City under this Contract. Resolution Exhibit A 11 90 19.5 Binding Effect. This Contract shall be binding upon and inure solely to the benefit of the parties and their permitted assigns. 19.6 Severability. If any provision of this Contract shall be invalid, illegal or unenforceable, it shall be modified so as to be valid, legal and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Contract. In either case, the validity, legality and enforceability of the remaining provisions of this Contract shall not in any way be affected thereby 19.7 Notice. Except as otherwise herein provided, all notices required to be served by either party shall be in writing and sent by postage prepaid, certified mail, as follows: If to the City of Fridley: City of Fridley Attn: Environmental Planner 6431 University Ave. NE Fridley, Minnesota 55432-4384 If to Contractor: Allied Waste Services of North America, LLC 8661 Rendova Street NE Blaine, MN 55014 Attn: Division Manager Allied Waste Services of North America, LLC 9813 Flying Cloud Drive Eden Prairie, MN 55347 Attn: Municipal Manager Or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. All notices shall be effective on the date sent. 19.8 No Waiver. The failure or delay on the part of either party to exercise any right, power, privilege or remedy under this Contract shall not constitute a waiver thereof. No modification or waiver by either party of any provision shall be deemed to have been made unless made in writing. Any waiver by a party for one or more similar events shall not be construed to apply to any other events whether similar or not. 19.9 Governing Law. This Contract shall be interpreted and governed by the internal laws of Minnesota. 19.10 Entire Agreement. This Contract sets forth the entire agreement of the parties and supersedes all prior agreements, whether written or oral, that exist between the parties regarding the subject matter of this Contract. Resolution Exhibit A 12 91 19.11 Compliance with Minnesota Government Data Practices Act. Contractor agrees that Contractor and its agents, employees, and subcontractors, shall comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Resolution Exhibit A 13 92 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Contract, Contractor shall maintain in force, at its expense, insurance coverage with minimum limits as follows: Workers' Compensation Coverage A Statutory Coverage B - Employers Liability $1,000,000 each Bodily Injury by Accident $1,000,000 policy limit Bodily Injury by Disease $1,000,000 each occurrence Bodily Injury by Disease Automobile Liability Bodily Injury/Property Damage $3,000,000 Combined—Single Limit Coverage is to apply to all owned, non-owned, hired and leased vehicles (including trailers). Pollution Liability Endorsement MCS-90 endorsement for pollution liability coverage Commercial General Liability Bodily Injury/Property Damage $3,000,000 each occurrence Combined—Single Limit $5,000,000 general aggregate All such insurance policies will be primary without the right of contribution from any other insurance coverage maintained by City. All policies required herein shall be written by insurance carriers with a rating of A.M. Bests of at least "A-" and a financial size category of at least VII. Contractor shall furnish City with a certificate of insurance, evidencing that such coverages are in effect. Such certificate: (i) will also provide for 30 days prior written notice of cancellation to the City; (ii) shall name City as an additional insured under the Automobile,General Liability, and any umbrella or excess policies (if applicable); and, (iii) shall contain waivers of subrogation in favor of City (excluding Worker's Compensation policy) except with respect to the sole negligence or willful misconduct of City. In addition, the following requirements apply: • The Commercial General Liability policy must include Contractual Liability coverage specifically covering Contractor's Indemnification of City herein. • Coverage must be provided for Products/Completed Operations. • Contractor shall obtain insurance policies from insurance companies having an "AM BEST" rating of A- (minus); Financial Size Category (FSC) VII or better, and authorized to do business in the State of Minnesota. • An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor's policy limits on a follow-form basis to satisfy the full policy limits required by the contract. • City reserves the right to immediately terminate the contract if the Contractor is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against the Contractor. Resolution Exhibit A 14 93 • Contractor is required to submit a Certificate of Insurance (ACORD form) as evidence of the required insurance coverage requirements. • City's failure to approve or disapprove Contractor's policies or certificates shall not relieve Contractor of full responsibility to maintain the required insurance. • If the coverage period shown on Contractor's current certificate(s) of insurance ends during the duration of the project, Contractor must, prior to the end of the coverage period, obtain a new certificate of insurance showing that coverage has been extended. • No representation is made that the minimum insurance requirements are sufficient to cover the obligations of Contractor under the contract. • City reserves the right to modify the insurance requirements due to changes in statutory law, court decisions or circumstances surrounding either. Resolution Exhibit A 15 94 EXHIBIT C CONTRACTOR'S PRICING A. For the services contemplated under this Contract, the Contractor shall charge the Producer the amount of$10 per calendar month for the provision of the services under this Contract on a once per week basis. B. The Contractor shall not be required to collect Organics that are mixed with other Excluded Materials. C. The Producer shall be solely responsible for the cleanliness and sanitization of the Container in connection with the services provided pursuant to this Contract. D. Containers damaged by the Contractor shall be replaced at no cost to the Producer. Containers lost or damaged by the Producer shall be replaced for$10. Resolution Exhibit A 16 95 AGENDA ITEM 101,,fany CITY COUNCIL MEETING OF JANUARY 22, 2018 INFORMAL STATUS REPORTS 96