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CCA 04/23/2018 a°f,fCITY COUNCIL MEETING OF APRIL 23, 2018 Fridl ey 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.) Diseased Trees PLEDGE OF ALLEGIANCE. LOCAL BOARD OF APPEAL AND EQUALIZATION MEETING (6:30 P.M.) CITY COUNCIL MEETING PROCLAMATION: Arbor Month — May, 2018 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 1. City Council Meeting of April 9, 2018 1 - 17 OLD BUSINESS: 2. Second Reading of an Ordinance Amending Fridley City Code, Chapter 11, to Allow for Collection of Fee for Day Care and Foster Care Fire Inspections per Minnesota State Fire Code 299F.011, and Minnesota Statutes 245A.151 18 - 19 FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2018 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 3. Resolution Authorizing Final Changes in Appropriations for Special Revenue Funds for the Year Ended 2017 20 - 22 4. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School at Shortstop Fridley Located at 1298 East Moore Lake Drive (Ward 2) 23 - 24 5. Approve Agreement for Professional Services between the City of Fridley and Dunham Associates, Inc., for Commissioning of the Fridley Civic Campus Buildings (Ward 1) 25 - 35 6. Approve Lease Agreement No. 181008 between the City of Fridley and the Metropolitan Council for Offsite Uses (Ward 3) 36 - 48 7. Approve 2018 Agreement for Residential Recycling Program between the City of Fridley and the County of Anoka 49 - 69 8. Claims (180438 — 180602) 70 - 95 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. ADOPTION OF AGENDA: FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2018 PAGE 3 PUBLIC HEARING/NEW BUSINESS: 9. Consider the Issuance of Revenue Bonds by the City of St. Paul Park for the Benefit of PHS WestHealth, Inc., and Interlude Fridley, LLC; and Resolution Consenting to and Providing Host Approval to the Issuance by the City of St. Paul Park of its Revenue Bonds (Ward 1) 96 - 102 NEW BUSINESS: 10. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #18-02, by Pulte Homes and the Fridley Housing and Redevelopment Authority, to have Five Parcels of Land Around the New Civic Campus Rezoned from P, Public Facilities, to S-2, Redevelopment District to Ready the Land for Private Redevelopment. Pulte Homes is also Requesting to Replat the Properties at 6911 University Avenue and the Property to the East to Allow for the Construction of the Villa Homes Project) (Ward 1) 103 - 104 11. First Reading of an Ordinance Amending Fridley City Code, Chapter 104, Pertaining to Tree Management 105 - 111 12. Resolution Approving Termination Agreement for the Termination of the Amended and Restated Fridley Community Center Cooperative Agreement 112 - 116 FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2018 PAGE 4 NEW BUSINESS (CONTINUED): 13. Resolution Supporting the Master Plan Boundary Amendment for Locke Park and Locke Parkway (Ward 1) 117 - 119 14. Informal Status Reports 120 ADJOURN. Ir c04 nJ Fridley FRIDLEY CITY COUNCIL MEETING OF APRIL 23, 2018 7:00 p.m. — City Council Chambers Attendance Sheet Please print name, address and item number you are interested in. Print Name (Clearly) Address Item No. City of Fridley (Legal Notice) Notice of Board of Appeal and Equalization Notice is hereby given that the Board of Appeal and Equalization for the City of Fridley shall meet on April 23, 2018, 6:30 p.m., at Fridley Municipal Center. The purpose of this meeting is to determine whether taxable property in the jurisdiction has been properly valued and classified by the assessor, and to determine whether corrections need to be made. This may affect your 2019 property taxes. If you believe the value or classification of your property is incorrect, please contact your assessor's office to discuss your concerns. If you are still not satisfied with the valuation or classification after discussing it with your assessor, you may appear before the local board of appeal and equalization. The board shall review the valuation, classification, or both if necessary, and shall correct it as needed. Generally, an appearance before your local board of appeal and equalization is required by law before an appeal can be taken to the county board of appeal and equalization. Given under my hand this 2nd day of April 20, 2018. /s/Debra A. Skogen, City Clerk Published in the Fridley SunFocus April 13, 2018. 0,4 04 ,..,_ Fridley gProchunatzeim ARBOR MONTH May, 2018 WHEREAS, trees and forest soils keep our lakes and rivers clean by absorbing and filtering pollutants and sediments; and WHEREAS, forest soils prevent flooding and reduce stormwater by capturing and storing rainwater and snowmelt, which is then slowly released to our lakes, streams, and groundwater; and WHEREAS, careful management of our forests is one of the best ways to protect drinking water and reduce the cost of water treatment; and WHEREAS, sound management of forested public lands surrounding the Mississippi River ensures clean drinking water for more than one million Minnesotans; and WHEREAS, planting trees is a natural and easy way to keep our water clean; and WHEREAS, throughout the month of May, citizens of Fridley pay special tribute to our trees as natural resources and rededicate ourselves to the vitality of our forests; and WHEREAS, the City of Fridley will celebrate the benefits of trees at the Environmental Fun Fair on Saturday, May 5, 2018; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor for the City of Fridley, do hereby proclaim the month of May, 2018, to be: ARBOR MONTH in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 23r day of April, 2018 Scott J. Lund, Mayor CITY COUNCIL MEETING CITY OF FRIDLEY APRIL 9,2018 The City Council meeting for the City of Fridley was called to order by Maycr 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 Julie Jones, Planning Manager Deb Skogen, City Clerk Savanh Sihanantharath, The King's Tai Cuisine Paul Heuer, Pulte Homes Jon Lennander, Assistant Public Works Director Michael Spencer, City Fire Marshall Shelly Peterson, Finance Director APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 1. City Council Meeting of March 26,2018. APPROVED. NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of March 21,2018. RECEIVED. 3. Special Use Permit Request, SP #18-01, by Blue Ox Media Group to Allow the Construction of a Billboard on the Public Storage Property, Generally Located at 5350 Industrial Boulevard; and, Resolution Approving Special Use Permit, SP#18-01 to Allow the Construction of a Billboard on the Public Storage Property, Generally Located at 5350 Industrial Blvd. N.E. (Ward 3). 1 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 2 Councilmember Bolkcom asked about enforcing light intensity. Julie Jones, Planning Manager, replied the way the City's code is written, staff does not have the tools to measure the light. Staff is in the process of redoing the sign code. Staff does not have any concerns about it. APPROVED THE SPECIAL USE PERMIT SP#18-01, BY BLUE OX MEDIA GROUP WITH THE FOLLOWING SIX STIPULATIONS: 1. PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO INSTALLATION OF PROPOSED SIGN. 2. PETITIONER TO PROVIDE A TO-SCALE SITE PLAN DEPICTING THE SIZE, LOCATION AND SETBACK OF THE SIGN PRIOR TO ISSUANCE OF A SIGN PERMIT. 3. PETITIONER SHALL PROVIDE DETAILED SCALED PLANS OF: THE SIGN, SIGN STRUCTURE, SIGN FOOTINGS, STRUCTURAL ENGINEERING, SIGN LIGHTING AND LOCATIONS OF PRIVATE AND PUBLIC UTILITIES PRIOR TO PLAN REVIEW FOR SIGN PERMIT. 4. PETITIONER SHALL MEET ALL CODE REQUIREMENTS FOR BILLBOARD AND ELECTRONIC SIGNS. 5. PETITIONER SHALL PROVIDE LANDSCAPE PLANS FOR REPLACEMENT ON SITE OF ANY TREES TO BE REMOVED FOR SIGN PLACEMENT. REPLACEMENT TREES SHALL BE AT LEAST 2 V2 INCH CALIPER INCH IN SIZE IF DECIDUOUS OR 6' TALL IF CONIFERS AT TIME OF PLANTING. A VARIETY OF SPECIES MUST BE PROPOSED. 6. LANDSCAPING AT THE BASE OF THE PROPOSED SIGN IS ENCOURAGED, BUT THIS SPACE CANNOT BE USED TO MEET THE TREE REPLACEMENT RATIO REQUIRED. ADOPTED RESOLUTION NO. 2018-13. 4. Resolution Considering a Comprehensive Plan Amendment, CP #18-01, to Update the Economic and Redevelopment Chapter of the Fridley 2030 Comprehensive Plan (Ward 3). ADOPTED RESOLUTION NO. 2018-14. 5. Resolution Amending Resolution No. 2018-10, Rescheduling the Public Hearing on Street Rehabilitation Project No. ST 2018-01. 2 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 3 Mr. Wysopal stated this is a resolution rescheduling the public hearing to April 23. This is for the 69th Avenue Street Rehabilitation Project No. ST 2018-01, and it amends the Resolution No. 2018-10. They just got delayed in getting the announcements out to the homeowners. Councilmember Bolkcom asked if the City had a process in place so it would not happen again. Mr. Wysopal said they did. ADOPTED RESOLUTION NO. 2018-15. 6. Approve 2018-2019 Liquor License Renewals. APPROVED. 7. Licenses APPROVED. 8. Claims (180262 - 180437) APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to adopt the proposed consent agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: No one from the audience spoke. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 4 PUBLIC HEARING/NEW BUSINESS: 9. Consideration of an On-Sale Wine and 3.2% Malt Liquor License Application by Savanh Sihanantharath for The King's Tai Cuisine, Located at 7890 University Avenue N.E.; and Motion to Approve an On-Sale Wine and 3.2% Malt Liquor License for The King's Tai Cuisine (Ward 3). MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:09 P.M. Deb Skogen, City Clerk, stated this is a public hearing for an on-sale 3.2 malt liquor license and wine license for The King's Tai Cuisine located at 7890 University Avenue N.E. Section 603.07 of the Code requires a public hearing be held to consider the on-sale license. Notice of the public hearing was published in the Fridley Sun Focus on March 30, 2018, meeting the ten-day advance requirement. Ms. Skogen stated the restaurant meets the zoning code and the minimum seating capacity of 50 to serve malt liquor and wine. Section 603.32 of the Code allows for the sale of strong beer and wine with a minimum of 60 percent gross food sales and a report would be provided to the City annually. The applicant is aware of the food to liquor sales. The Police Department completed their background investigation and found no issues with the applicant, and the Fire Department inspected the property and found no outstanding issues or violations. Ms. Skogen stated after the public hearing, the City Code does allow the City Council to approve the liquor license on the same night as the public hearing. At this time staff recommends City Council hold the public hearing and after the public hearing approve an on- sale malt liquor and wine license for the applicant. The applicant is present if they have any questions for her. Mayor Lund asked Ms. Sihanantharath whether she understands the ordinance and the 60/40 food to liquor ratio. Savanh Sihanantharath, The King's Tai Cuisine, replied, yes. She stated she loves serving the Fridley area. Customers come in and say they wish they could have beer or wine with the tai food because of the spices. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. 4 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:11 P.M. MOTION by Councilmember Bolkcom to Approve an On-Sale Wine and 3.2% Malt Liquor License for The King's Tai Cuisine. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Consideration of Rezoning Request, ZOA #18-02, by Pulte Homes and the Fridley Housing and Redevelopment Authority, to have Five Parcels of Land Around the New Civic Campus Rezoned from P, Public Facilities, to S-2, Redevelopment District, to Ready the Land for Private Redevelopment. Pulte Homes is also Requesting to Replat the Properties at 6911 University Avenue and the Property to the East to Allow for the Construction of the Villa Homes Project(Ward 1) MOTION by Councilmember Saefke to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:12 P.M. Julie Jones, Planning Manager, stated this request is related to an initiative by the City HRA and Pulte Homes which are requesting that five parcels of land around the new civic campus site be rezoned from P, Public Land use, to S-2, Redevelopment District, to get this property ready for private development. Those five parcels of land include Outlots A, C, D, E, and F. The future development on Outlots A and C has yet to be determined, but rezoning of all of the parcels at this time is more efficient. Once the development of those parcels has been determined, an S-2 master plan will need to be reviewed and approved by the Planning Commission and the City Council. Ms. Jones stated the proposed project they are looking at now for Outlots E and F is for a new villa home project. The units will range in size from 1,600 to 1,950 square feet. Most lots will be slab on grade; however, a few of the lots will accommodate a walkout design option. Landscaping of the common areas and snow removal of the private driveways will be managed through a homeowners association. Ms. Jones stated the new homes will take access off the new roadways that will be constructed by the petitioner and connected to a new parkway which is on the north side and is being constructed by the City. The City does anticipate the new parkway north of the project area will be constructed around the same time as the development will occur, and the roadways within the development will be constructed by the petitioner. 5 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 6 Ms. Jones stated the current zoning of all the properties involved is P, Public, because they are owned currently by the City. The proposed request will rezone all of the lots that will be used for private development to S-2, Redevelopment District. When a property is rezoned to S-2, it has to have an accompanying site plan that becomes the master plan for the site. Ms. Jones stated at this time the master site plan has only been designed for the single-family villa home portion of the private development which is Outlots E and F. When a master site plan has been developed for the rest of the private development areas then they will need to bring that before the Planning Commission, the HRA, and the City Council. Ms. Jones stated the Planning Commission held a public hearing on March 21. After hearing from the petitioner and some neighboring property owners, the Planning Commission unanimously recommended approval of this rezoning. Ms. Jones stated some of the questions raised at the Planning Commission meeting related mostly to traffic, both through the development and traffic generated by the development. A traffic study was previously completed for the Cvic Center Campus project as part of the environmental assessment that was done, and the City's Engineering Division is currently working with the company that did the traffic study to update that study. Ms. Jones stated Commissioner Sielaff on the Planning Commission also asked a question about a stormwater pond being close to the City's well or the treatment facility that is actually included in this plat. The exact location and design of the stormwater ponds have not been finalized yet. The City's engineering staff is working with the engineer for Pulte Homes, and they have assured the City that the final designs will comply with all wellhead protection and stormwater and watershed requirements. Ms. Jones stated staff recommends concurrence with the Planning Commission's approval of this rezoning request as it does meet the goals and objectives of the City and the HRA by providing private development for this site. The petitioner, Pulte Homes, is also here and has a presentation. Paul Heuer, Pulte Homes, stated with him this evening is Eric Paget from Pulte Homes and Reed Schultz from Landform (surveyor/civil engineer/landscape architect for the project). They have worked with a number of cities over the years on redevelopment projects. They commend the City on the concept for this public plaza. It really attracted them to build homes next to that plaza. Mr. Heuer stated their firm is called the Pulte Group. They build under three name brands. The Council may have heard of Centex Homes. They used to build under that brand in the Twin Cities up until 2009. Since that time, they have only been building under the name of Pulte Homes, and some of them may also be familiar with Del Webb, another name, where they create active adult communities. Mayor Lund asked whether they are still building Del Webb communities in Arizona and out west. 6 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 7 Mr. Heuer replied, they are. They are also building their first one in the Twin Cities later this year. Mr. Heuer stated Pulte Group is a national builder. They build and sell about 500 homes a year in this market. They have about 18 communities in the Twin Cities area. Mr. Heuer stated the consumer group they are after are the empty nesters, people 55 and older, wanting to downsize/right size. What they have learned is half the people in that age category who have the means will stay in this market if they can find there is an active lifestyle they can buy into and if they can find a quality product to live in that is in the right location. These homes are really Del Webb homes so they are tried and true, they have been updated over the years, but they have their finger on the pulse of this demographic group. The economic value of this group is pretty strong. They have accumulated some money and they start spending it at that age, and their social contribution is significant. They do a lot of volunteering in town. Another side benefit is most of these people typically do not work, so you do not have the peak flow of traffic and peak flow draw from water, sewer, etc. Mr. Heuer stated at one point in time the narrative referenced two-story homes but that is not what they are proposing. These will be single-family homes that offer the stone and brick accents as options. These are 55-foot wide lots. The homes are 40-feet wide; single level; 1,700-2,000 square feet; and most of them are two bedrooms with an option of a loft. The price points they are looking at are the low $300,000's to the high $300,000's. Most of the homes will be slabs on grade. There are six homes in the southeast corner which drop off to the park and the pond, and those will be walkout basement lots. They offer four different floor plans. Basements will be an option if they choose. They have a non-monotony clause, so they track each home style, floor plan, and color package to make sure there is variation. Mr. Heuer stated one of the key attractions of this type of neighborhood is sometimes people do not want to mow their lawn anymore or shovel the snow, so there is a homeowners association to manage this. They set it up with a professional management company, and that company sets up all the contractors for the work. Mr. Heuer stated just to give a broad feel for what they are planning to do, they hope to be starting development work in May or June, building the first model home in August or September, and having it open in the beginning of October which really kicks off the sale season for them. Councilmember Barnette asked what the approximate homeowner's association fee would be. Mr. Heuer replied, it is harder in this case because it is smaller so it is less number of homes to split some of the fixed costs. There are accounting fees, insurance, and things like that. It would be somewhere from $170 a month to $210. Mayor Lund stated he likes the whole concept. The patio homes are on a narrower footprint of lots. They are going to have short driveways. There will possibly be two cars parked in the driveway. He asked where the guests would park. 7 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 8 Mr. Heuer replied, where they see the largest amount of cars in front of their different neighborhoods is typically the single-family homes, especially the older neighborhoods where you have two teenage kids and you end up with four cars in the house. Typically these folks are not going to have any kids living with them, and they will have a two-car garage with two parking stalls in the driveway. That is four stalls right there. If this was a single-family neighborhood, for all the developments they have developed in, say, the last five or ten years, the width of those streets is 28-32 feet wide. These are 34-foot wide. These are wider than honestly any street they have ever built a development on. The old rule of thumb is a 28-foot wide street allows two-way traffic and parking on one side. Mayor Lund stated it is a tighter development so there is not a lot of parking room between the driveways. He just wanted to know if they have had parking issues with some of their other developments. Mr. Heuer replied where they usually have the most attention placed on one of their neighborhoods for parking is in the attached product. Oftentimes in those areas they are actually providing more than what cities require because there is a certain comfort level from what they have experienced as to what they feel they need to have. With all of their age—targeted neighborhoods,they have not experienced any problems with parking. Mayor Lund stated they talked about Outlots A and C in the presentation. That is on the master plan development where they have A-F. In the drawing he is looking at, he sees the storm retention ponds near the existing water plant. That is called Outlot A. Within the development Outlots A, B, and C are shown. He wanted to make sure that the A and C they were talking about in the presentation were not the same A and C he is seeing on the drawing he has. Ms. Jones stated only Outlots E and F are part of the Pulte Homes development. Mayor Lund stated so it is a separate set of outlots then because he is seeing Outlots A, B, and C within the Pulte Development. Could Outlot B be some parking? Usually in a townhouse situation where you have a common wall there is usually some parking lots or spaces scattered out beyond the driveways. He asked if the outlots he is seeing will be coming back to the HRA or public land or stay in Pulte Homes. Wally Wysopal, City Manager, stated that will be on the preliminary plat which is the next item. He saw one area where perhaps there could be just an asphalt parking lot, in the curve, on Rice Creek Lane. Mr. Heuer stated what he is seeing is that Outlots A, B, and part of C will all have stormwater facilities on them. Mayor Lund stated and that is what he is seeing. He thought there might be some parking before you even get to that,the Outlot B storm retention ponding area. Mr. Heuer stated perhaps a couple of stalls perpendicular. 8 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 9 Mayor Lund replied, yes. Mr.Heuer stated that could be done. Mayor Lund stated he did not know if those outlots would be maintained by the City or Pulte Homes. Mr. Heuer said typically the City wants to control the infrastructure because they have the expertise to manage the stormwater. However, they would be okay either way. Councilmember Bolkcom said in the presentation, it says proposed project, three bathrooms or four bedrooms. She heard something different. Ms.Jones said there was an error in the original proposal. It was misinterpreted. Councilmember Bolkcom stated she does not think they need any more hard surface. She loves that there is going to be more greenspace, and they have to count on Pulte Homes' expertise as far as parking. Councilmember Bolkcom stated as to some of the comments at the Planning Commission meeting there was a lot of talk about retention ponds and the lining of them. She asked for clarification of that. Jon Lennander, Assistant Public Works Director, stated there are primarily two ponds they are talking about right now. One is fairly close to the existing wellhouse. That is the one that has been of the most concern. He did talk with the engineer for Landform about this. The concern was that it is an infiltration pond, and they do have the two requirements for these kinds of developments. There is a rate control, controlling how fast the water comes off the site; but then there is also a well and infiltration requirement for these projects. At least the initial concern he heard was that it is an infiltration pond. It is not. It is just a storm pond. It can certainly be managed as a pond in that location. There is an overall stormwater permit for the overall development that requires the City does provide the handling of the stormwater according to that permit for the overall project. Those were the only two locations that really are available for the two ponds. With the final plans for the project they do feel they will be able to provide the stormwater treatment and also protect the well. Councilmember Bolkcom stated on page 21 of the March 21, 2018, Planning Commission meeting minutes, there was a fair amount of discussion from Mr. Schultz that there was more than one alternative for treating the pond. Mr. Lennander replied there is a number of ways to do it. For the most part, you still need to provide the treatment for the area. Some of the different treatments may not provide the amount of treatment that is required. The pond is the first step and, if it is necessary to go to something else, they will go through that whole process with them as part of the final design and approvals for the project. 9 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 10 Councilmember Bolkcom stated at the preconference meeting some of the discussion was related to traffic concerns in that area. One of the things that is being worked on now is to control some of the congestion and traffic. Some of it is a lot longer term. She asked if Mr. Lennander could expound on that. Mr. Lennander replied the City is looking at making some changes to the overall area that do not show up in the proposal for the Pulte development right now. The main problem with the congestion and traffic getting in and out of this area has to do with the access at 69th to the University Avenue Service Road. They will be moving that access farther to the north. They are looking at adding a roundabout which will increase the flow of traffic through that area and provide other alternates for traffic going in and out of the neighborhood. Councilmember Bolkcom stated Mr. Sandstrom was concerned about the noise. Mr. Heuer replied, they have been creating increasingly tight homes over the decades. In 2015, Minnesota adopted the energy code that really tightened homes up a lot. They almost withstand the sound reduction required from the airports. Also, whenever they sell a home, they have a lot of interest in making sure their buyer is happy, because oftentimes, they will buy two, three, four homes over the decades. Whenever they have a development, they always do their homework as to what they should be disclosing to these people, and they are grateful for Mr. Sandstrom going to the Planning Commission meeting and talking about the truck traffic and what streets they use. Mr. Heuer took notes because they are going to be putting that in their disclosure along with a number of other things so they do the best job possible to disclose any possible objection that people might have before they sign purchase agreements. Councilmember Bolkcom asked if the exterior of the home is the homeowner's responsibility. Mr. Heuer replied,that is correct. Councilmember Barnette asked what the approximate distance was between homes. Mr. Heuer replied a minimum of 10 feet. MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:40 P.M. 11. Preliminary Plat Request, PS #18-02, by Pulte Homes, to Replat the Properties Generally Located at 6911 University Avenue and the Vacant Parcel to the East to Allow for the Construction of 26 Villa Homes (Ward 1). Ms. Jones stated the request is to replat Outlots E and F to allow for the construction of 26 new villa homes. The proposed plat will replat the existing Outlots E and F of Locke Park Point and 10 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 11 create 27 new lots. One of those 27 lots is the water treatment plant and then the 3 outlots they were talking about that are set aside for stormwater treatment. Ms. Jones stated a public hearing for this was held on March 21 by the Planning Commission and after hearing from the petitioner and the neighboring property owners the Planning Commission did unanimously recommend approval. Staff recommends concurrence with the Planning Commission on the approval of Plat #18-02 with one stipulation. That one stipulation is that the petitioner shall pay park dedication fees of $1,500 for each single-family villa lot created as a result of this plat, which is the City's standard fee per parcel. Councilmember Saefke asked Mr. Heuer if he had any problem with the stipulation. Mr. Heuer replied,no. Councilmember Bolkcom asked if the Planning Commission meeting staff has heard from any of the neighbors. Ms. Jones replied she believed Stacy Stromberg received a call inquiring about the osprey in the area. She understands they are trying to relocate them into Community Park. Mr. Lennander stated he does not know the location but he knows they are trying to find an alternate location for the nest. They did get the poles down before they returned. MOTION by Councilmember Saefke to approve the Preliminary Plat Request, PS #18-02, by Pulte Homes, to Replat the Properties Generally Located at 6911 University Avenue and the Vacant Parcel to the East to Allow for the Construction of 26 Villa Homes with the following stipulation: 1. Petitioner shall pay park dedication of $1,500 for each single family villa lot created as a result of this plat. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 12. First Reading of an Ordinance Amending Fridley City Code, Chapter 11, to Allow for Collection of Fee for Day Care and Foster Care Fire Inspections per Minnesota State Fire Code 299F.011, and Minnesota Statutes 245A.151 Mr. Wysopal, City Manager, stated this is a standard item which normally would have been on the consent agenda, but staff never had the opportunity to bring it forward to Council in a conference meeting. State Statutes allow for the cities to recapture costs for licensing and review of daycares. Anoka County remains responsible for that licensing process but gives the authority to the local city to do the fire inspection. Fridley's Fire Marshal, Mike Spencer, is trained and certified to do the inspections, and this is a request to have an ordinance to allow the City to 11 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 12 charge a $50 fee which is authorized by State Statute. This would not be a general fee for all residents but only for those who are doing daycare and have a need for that review. There are no stipulations restricting the City in establishing that fee. This would be establishing the first reading of the ordinance for Chapter 11 for the fees for daycare and foster care inspections at $50. Councilmember Bolkcom asked if the most that could be charged was $50. She asked how much it actually cost the City. Mike Spencer, City Fire Marshal, replied sometimes they will go out, and if they find a Code violation, they are looking at general fire and life safety items such as smoke detectors, doors are not blocked, handrails, etc. Occasionally they will have to go back. Normally they go back one time. The daycare is usually pretty eager to open for business, so they will take care of things. He does not know the actual cost. Councilmember Bolkcom asked how long they usually spent at a daycare. She asked if they had to check for plug-ins and electrical. Mr. Spencer said that would be a different inspection. They are checking to make sure that the room with the furnace is not full of clutter, etc. It is general fire and life safety items. Councilmember Bolkcom asked if Anoka County did the other inspections. Mr. Spencer replied what happens to some of the daycares in Fridley, because they are a rental property, staff for rental property inspections will go and inspect. This item is a one-time inspection needed to receive their license from the County. Councilmember Bolkcom asked and they only do it one time no matter how many years they exist. Mr. Spencer replied that is his understanding. He does not know if they have an annual reinspection because the daycares he has inspected have not been up for a second year yet. He would be able to answer that at a later date. Councilmember Bolkcom asked if it was owned by one person and then it changes hands do they go back in. Mr. Spencer said yes, because they would have to reapply for a license. He is certified through the State so he can inspect in other cities also if they did not have a certified inspector so Fridley would recover that cost, too. Councilmember Varichak asked if he was inspecting a licenses facility or homes. Mr. Spencer replied it is both. The old term used to be group home. Now they tend to be called adult or child daycares. It could be a foster home. We have one in the Community Center. One 12 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 13 room is an adult daycare, and that has been inspected. They show up in single-family homes as well. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Resolution Calling for a Public Hearing on a Proposal for a Housing Finance Program and Giving Preliminary Approval to the Issuance of Housing Facility Revenue Bonds to Finance a Multifamily Housing Project Pursuant to Minnesota Law, and Authorizing the Publication of a Notice of the Hearing (Ward 1). Shelly Peterson, Finance Director, stated what they have in front of them in a resolution which does three things. It is calling for a public hearing on a proposal for a housing finance program. It is also giving preliminary approval of the issuance of housing facility revenue bonds to finance a multi-family housing project. Finally, it is authorizing the publication of notice of the hearing. Ms. Peterson stated the City has received a proposal from Dominium. Dominium is the partner for Fridley Lease Housing Association I. Several of the Council's memorandums will be from Dominium, but this is the entity that will be doing the conduit issuance. They have asked the City to help them secure financing for the acquisition and rehabilitation of Village Green Apartments located at 460 Mississippi Street. They are townhomes and senior apartments. Ms. Peterson stated staff has met with Dominium regarding their proposed plans. In the Council's documents there is a timeline on when Dominium plans to begin and complete this work. Ms. Peterson stated staff has made comments and recommendations to Dominium on some of the things they would like to see incorporated. Police had comments on safety issues and there are storm drainage issues that Mr. Lennander has been working with them on. Staff is supportive of this proposed plan to renovate this 196-unit housing project. Ms. Peterson stated when she explained they were asking for assistance on financing, what they are specifically asking for is for the City to issue conduit debt. This debt is considered a revenue note which is paid based on pledged revenues that come from the Fridley Lease Housing Association. Conduit debt does not constitute debt of the City, and the City is not pledging its full faith and credit towards any future payment. This debt is issued in the City's name, and the reason for that is they will secure a good interest rate on this conduit debt because of the City's bond rating. It is excluded from the City's annual $10 million bank qualified debt issuance limits, and the City's bond counsel has reviewed the preliminary request and also approves the resolution indicating the City's intent to call for the public hearing. Ms. Peterson stated in addition to the attached resolution, the City's issuance of the conduit debt is subject to several things. Submission of an application and approval by the Minnesota 13 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 14 Management Budget Department is required. They are the allocation authority. Admission and review and comment from Met Council is also required by Dominium. There needs to be an approval of the proposed project by the City's bond counsel as this proceeds. Also, the City has several steps that need to happen where the Council could choose to approve or not approve at any point in that process. Ms. Peterson stated the City would hold the public hearing on the financing proposal and the housing program. The City could approve both on that same night; and final approval is required of the council, Dominium, and the purchasers of the bonds. Ms. Peterson stated staff is recommending Council call for a public hearing on the proposal of this housing finance program and giving preliminary approval of the issuance of these revenue bonds, specifically housing facility revenue bonds, to finance the purchase and rehabilitation of Village Green Apartments and authorize the publication of a notice. Mayor Lund asked for clarification whether tonight they are just being asked to move forward with the public hearing. Ms. Peterson replied, no, staff is asking for Council to approve the resolution to call for the public hearing. They are also providing a resolution declaring the City's intent to assist with the financing which is the conduit issuance. They did this last November or December for Brink Brothers. This allows Dominium to start incurring expenses and they can reimburse themselves with bond proceeds. It is also required for their application to receive the allocation of this type of revenue bond. Mayor Lund asked if this is all predicated on the fact that when they say they are going to do all this updating and remodeling, etc., is that a part of this whole thing that they have to do it. Ms. Peterson replied, yes. So not only does the State's Department of Budget, Met Council, and the City need to approve their housing program which explains the work they plan to do, the City has several opportunities to insure that they meet those obligations or the City can decide not to do the conduit issuance. For example, she and Mr. Lennander have talked about the storm water issues. It is important that Dominium move forward with these storm water issues and correct them during this project. If they are not satisfied with Dominium's solution or proposal, the City could at some point in the process not move forward with this. Councilmember Saefke stated he knows their retention pond has been a headache for very long time. He asked if Mr. Lennander was going to help them come up with a solution. Jon Lennander, Assistant Public Works Director, replied they have been working with the previous owners of the property for almost the entire time he has been with the City. They had a project lined up to make a number of improvements to the pond, and the current owners basically backed out at the last minute on it. Both Rice Creek Watershed District and Mississippi Water Management Organization have both said they are willing to help on that project if they can get it, and Dominium has said they are willing to do it as well. In the last week they have 14 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 15 resubmitted a grant application to MWMO, and he expects they will fund it and the project will get done. Councilmember Saefke asked if that would take care of any flooding problem that existed. Mr. Lennander replied, it will take care of current flooding issues. It will bring the pond back to what was expected when the original development was done and then maybe beyond that once they get to the final design of it. It is a 50-year design on that pond so it is possible they could exceed that. Some of the storms the City has had have been greater than that. It is possible there could still be some flooding,but it would make it better than it is right now. Mayor Lund stated the retention pond has overflowed and one or more of the properties along the immediate east of that did flood significantly. His understanding is it really backs up from Rice Creek and the outfall goes into Rice Creek and when Rice Creek is overflowing obviously the stormwater backs up the system. They have to have a larger pipe or something to elevate it. Mr. Lennander stated there were a number of options for the projects that were proposed for that. One of them was increasing the pipe sizes downstream, but that was expensive and they did not look at going that route. It is within the pond on that property. They are making some improvements to the outlet structure. Making some improvements to some of the water that is coming into it, and then making the pond bigger; getting the sediment that is built up in there dredged out, increasing and making the ability for that pond to actually infiltrate the water that goes into it as well which will all help the flooding there. Mayor Lund stated and making the berm higher so it takes more to get the overflow. Mr. Lennander replied they will take a look at that as well. Councilmember Bolkcom asked Ms. Peterson what she meant by them committing a temporary approval. Ms. Peterson replied it is preliminary approval of the City's intent to assist them with the conduit debt issuance. Councilmember Bolkcom stated she is confused as she is brand new to this. This is a huge project. When Ms. Peterson says, preliminary approval, what ownership does the City have in that as far as going forward? Ms. Peterson replied, what they are doing with this resolution is saying that the City wants to work with Village Green and Dominium on a conduit issuance (they are also applying for some state financial assistance so if that comes first they will not need conduit issuance form the City),. However, at any point in the process the City can change their mind. Councilmember Bolkcom asked what the timeline was and when they would be purchasing the property. 15 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 16 Ms. Peterson replied, the loan is for the purchase and the rehabilitation. She believes it is a contingent purchase upon securing the financing, Dominium cannot apply to the State until May 7, the State would have to approve and allocate by the 15th. Then the clock starts and there would be 120 days after that to move forward with the conduit issuance. Mr. Wysopal stated for Dominium this is a business transaction, and they are seeking the lowest form of capital financing they can get so they are out mortgage shopping. This would definitely be one of the lowest forms of interest rate they can get with the City's assistance which does not give the City any financial liability. What happens is the buildings are in need of rehab. Dominium is going in there and they are going to rehab these things. Mr. Wysopal stated, also, on page 4 of the Resolution, Exhibit A, there is proposed estimated initial rents. This is something that is going on all over the metro area as these types of housing projects seek rehabilitation and refinancing is that with that comes new rental rates. He wants to make clear there is nothing the City Council is doing to establish those rates. Those rates are established by Dominium as a financial instrument on what they need on a return for their purchase and the rehab and rental maintenance of their property. If they do hear from people that they are seeing a rent increase, the City Council is not authorizing the rent increase. Those estimated rents need to be a part of their proposal. The City Council is not setting those rates. MOTION by Councilmember Barnette to approve Resolution No. 2018-16. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Resolution Ordering Final Plans, Specifications and Calling for Bids: Locke Parkway Construction Project No. ST 2018-2 Jon Lennander, Assistant Public Works Director, stated engineering is working on construction plans for the roadway proposed through the middle of the Fridley civic campus site. The road will be known as Locke Parkway. The parkway will be a central feature of the civic campus project. It will provide access to the private development and utilities for part of those projects. Mr. Lennander stated the original plans for the civic campus project included a roadway separating the civic campus and the higher-density residential properties and the patio homes and the existing residential properties to the south of the project. Mr. Lennander stated a concept plan for a divided parkway was developed and a landscape median and the county trail along with that concept included a roundabout at the intersection of the parkway with East University Avenue Service Road. The roundabout provides several benefits to a T-intersection in this location including control of access to the Service Road without a stop sign. It will reduce congestion at the intersection by allowing greater free movement and multiple options for vehicles leaving the Holiday Hills neighborhood. 16 FRIDLEY CITY COUNCIL MEETING OF APRIL 9,2018 PAGE 17 Mr. Lennander stated at this time the cost of the parkway from East University Avenue Service Road to 71st Avenue is expected to be $2.5 million to be funded with the Housing and Redevelopment Authority TIF funding and supplemented by utility funds where available. The current schedule to complete the project is ordering the plans and calling for bids tonight, developing plans and advertising for the bids on May 3 with bids due on May 24, Council approval project on May 29, start of construction would be mid-June, utility construction in June and July, road construction in August and September, substantial completion by October 19, and final completion of the project would be either next year or as works with the adjacent developments as well. MOTION by Councilmember Saefke to approve Resolution No. 2018-17. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 15. Informational Status Reports Councilmember Bolkcom asked about the Moore Lake watermain. Mr. Lennander replied the project will start fairly soon. The contractor has been selected, and they have been given notice to proceed. He is sure they are waiting until the road restrictions have been removed, so it will begin probably towards the end of the month. 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 8:15 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor 17 cityriey AGENDA ITEM .f CITY COUNCIL MEETING OF APRIL 23, 2018 Ai To: Walter Wysopal, City Manager From: John Berg,Fire Chief Date: April 19, 2018 Re: Second Reading of an Ordinance Amending Chapter 11 to Allow Collection of Fee for Fire Inspection of Day Care and Foster Care The City of Fridley adopted the Minnesota State Fire Code, MS 299F.011 in 2013. The Minnesota State Fire Code allows for the commissioner of public safety to adopt rules deemed necessary to administer and enforce the code, specifically including but not limited to rules for inspections of buildings and other structures covered by the code. Minnesota Statutes 245A.151 states when licensure of daycare and foster care structures require an inspection under M.S. 299F.011, a local fire inspector approved by the state fire marshal may conduct an inspection and recover costs through a fee of no more than $50 per inspection charged to the applicant or license holder. Anoka County Human Services is responsible for the day care and foster care licensing process in Anoka County and requires a fire inspection as part of the process. Anoka County also collects the fees associated with the licensing process and includes a fee for a fire inspection of the associated structure. Fridley Fire Marshal Michael Spencer is certified under the Minnesota Department of Public Safety Fire Marshal Division to conduct day care and foster care fire inspections in compliance with Minnesota Statues 299F.011. The Fridley Fire Marshal is conducting the required fire inspections of day care and foster care structures at the request of Anoka County Human Services and the County is prepared to transfer the associated fee collected to the City of Fridley. The first reading of the ordinance was held at the City Council meeting on April 9. Staff recommends Council waive the second reading of the ordinance and adopt the Ordinance Amending Fridley City Code, Chapter 11, to Allow for Collection of Fee for Day Care and Foster Care Fire Inspections per Minnesota State Fire Code 299F.011 and Minnesota Statutes 245A.151. 18 ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 11 TO ALLOW FOR COLLECTION OF FEE FOR DAY CARE AND FOSTER CARE FIRE INSPECTIONS PER MINNESOTA STATE FIRE CODE 299F.011 AND MINNESOTA STATUTES 245A.151 The City of Fridley adopted the Minnesota State Fire Code 299F.011 in 2013. The Minnesota State Fire Code allows for the commissioner of public safety to adopt rules deemed necessary to administer and enforce the code, specifically including but not limited to rules for inspections of buildings and other structures covered by the code. Minnesota Statutes 245A.151 states when licensure of daycare and foster care structures require an inspection under Minnesota State Fire Code 299F.011, a local fire inspector approved by the state fire marshal may conduct an inspection and recover costs through a fee of no more than $50 per inspection charged to the applicant or license holder. The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 11 related to day care and foster care inspection fees be hereby amended and ordains as follows: Chapter 11 is hereby amended as follows: FRIDLEY CITY CODE CHAPTER 11. GENERAL PROVISIONS AND FEES 11.11. FEES. CODE SUBJECT FEE MS 245A.151 Day Care/Foster Care Inspections $50 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 First Reading: April 9, 2018 Second Reading: Publication: 19 airAGENDA ITEM tFri CITY COUNCIL MEETING OF Fridley April 23, 2018 To: Wally Wysopal, City Manager From: Shelly Peterson, Finance Director Korrie Johnson, Assistant Finance Director Date: April 20, 2018 Re: Resolution authorizing both the final changes in appropriations for various Special Revenue Funds for the year-ended December 31, 2017 Background Attached are the final changes in the appropriations to the budget for the year ended December 31, 2017. These changes are similar to those that we have brought to Council this time of year for the past number of years as we prepare to publish the Comprehensive Annual Financial Report. These changes are in keeping with Chapter 7 of the City Code. In an effort to minimize prior year budget re- appropriations at this time of year, estimates were made to the revised 2017 budget that was approved alongside the 2018 budget back in December. These final adjustments account for changes in budget estimates. Within the special revenue funds, the Solid Waste Abatement Fund requires an increase of$14,900 in both revenues and expenditures as a result of the organics promotion and additional grant revenue received in 2017. The Police PSDS Fund requires a$6,500 budget modification to both revenue and the expenditures to adjust for additional expenses that will be reimbursed by Anoka County. The budget adjustments will be included with final audited figures which will not be available until after the audit is completed in April. Recommendation Staff's recommendation is for the City Council to pass the attached resolution and complete the budget cycle for 2017. 20 Budget Re-appropriation Summary 12/31/2017 Amount Type Dept/Division Category DR CR Description Solid Waste Abatement Fund Revenue Recycling State Grants 9,000 Add'I grant received to support Expenditure Recycling Salaries 9,000 recycling events Revenue Recycling Other Reimbursements 5,900 Add'I budget necessary for Expenditure Recycling Communications 5,900 organics promotion-support Total Solid Waste Abatement Fund 14,900 14,900 Police PSDS Revenue Police/PSDS Reimbursements Cities/Counties 6,500 Adjust for add'I expenses Expenditure Police/PSDS Conferences and Schools 6,500 reimbursed by Anoka County Total Police PSDS 6,500 6,500 21 RESOLUTION NO. 2018 - RESOLUTION AUTHORIZING FINAL CHANGES IN APPROPRIATIONS FOR SPECIAL REVENUE FUNDS FOR THE YEAR ENDED 2017 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of services, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2017 in accordance with Chapter 7 of the City's charter NOW, THEREFORE, BE IT RESOLVED that various Special Revenue Funds budgets for the following departments be amended: Budget Re-appropriation Summary 12/31/2017 Amount Type Dept/Division Category DR CR Description Solid Waste Abatement Fund Revenue Recycling State Grants 9,000 Add'I grant received to support Expenditure Recycling Salaries 9,000 recycling events Revenue Recycling Other Reimbursements 5,900 Add'I budget necessary for Expenditure Recycling Communications 5,900 organics promotion-support Total Solid Waste Abatement Fund 14,900 14,900 Police PSDS Revenue Police/PSDB Reimbursements Cities/Counties 6,500 Adjust for add'I expenses Expenditure Police/PSDS Conferences and Schools 6,500 reimbursed by Anoka County Total Police PSDS 6,500 6,500 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23RD DAY OF APRIL, 2018. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN—CITY CLERK 22 AGENDA ITEM CITY COUNCIL MEETING OF < Fridley APRIL 23, 2018 To: Walter Wysopal, City Manager From: Debra A. Skogen, City Clerk Date: April 13, 2018 Re: RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR TOTINO-GRACE HIGH SCHOOL AT SHORTSTOP FRIDLEY LOCATED AT 1298 EAST MOORE LAKE DRIVE Minnesota State Law requires a gambling organization applying for a State Premise Permit to contact the City in which it will be conducting lawful gambling in to provide a resolution in support of their application. The City received an application from Mary Daugherty, Gambling Manager for Totino-Grace High School to obtain a premise permit at Shortstop Fridley located at 1298 East Moore Lake Dr. The Fridley Lions have been conducting lawful gambling at the Shortstop since it opened in 2005. The Shortstop has terminated the lease for gambling activity with the Fridley Lions effective May 31, 2018. City Code requires the establishment to work with a City organization to conduct lawful gambling. Mr. McManus has contacted Totino-Grace High School, which is a qualifying organization, and has signed a lease with them. Staff recommends the City Council adopt a resolution in support of the Totino-Grace High School application for a lawful gambling premise permit for Shortstop Fridley to be located at 1298 East Moore Lake Drive. 23 CITY OF FRIDLEY RESOLUTION NO.2018- A RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR TOTINO-GRACE HIGH SCHOOL AT SHORTSTOP FRIDLEY LOCATED AT 1298 EAST MOORE LAKE DRIVE WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit and a copy of the Lease Agreement for Lawful Gambling Activity from Totino-Grace High School; and WHEREAS, the location of the Premise Permit is for Shortstop Fridley located at 1298 East Moore Lake Drive; and WHEREAS, Totino-Grace High School is a qualifying organization; and WHEREAS, the City of Fridley has found no reason to restrict the location or deny the application for lawful gambling purposes. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby supports the Minnesota Lawful Gambling Premise Permit Application for Totino-Grace High School for Shortstop Fridley to be located at 1298 East Moore Lake Drive, Fridley, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23RD DAY OF APRIL 2018. SCOTT J. LUND -MAYOR ATTEST: DEBRA A. SKOGEN—CITY CLERK 24 AGENDA ITEM 1:1) 4 CITY COUNCIL MEETING OF j APRIL 23, 2018 TO: Walter Wysopal, City Manager PW18-027 FROM: James Kosluchar, Public Works Director Scott Hickok, Community Development Director DATE: April 20, 2018 SUBJECT: Approving a Scope of Services Agreement for Commissioning of the Fridley Civic Campus Buildings Building commissioning is the process of verifying in new construction the subsystems for mechanical and HVAC, plumbing, electrical, fire and life safety, building envelopes, interior systems, utilities, lighting, controls, and building security to achieve the owner's project requirements as intended and as designed by the building architects and engineers. While the roles of the construction manager and its architect somewhat overlap with this objective, the commissioning process provides surety that components are fully functional as integrated, maintainable, and provides the owner with an optimized baseline setting for various controls and building systems. As part of the Civic Campus Project, the City recognized early on the need for commissioning of its new buildings and set aside a budget of$50,000 for the purpose of commissioning both the City Hall/Police/Fire building and the Public Works building. Commissioning proposals were recently solicited by the City and its construction manager, McGough Construction, and three complete proposals were received and reviewed by City and McGough project staff. A consensus recommendation to accept the proposal from Dunham Associates was reached. Dunham has a good reputation, and performs this type of work regularly. Dunham also provided the lowest-cost proposal, and work covered under this proposal is within the City's established budget. Staff recommends the City Council move to approve the attached Agreement for Professional Services from Dunham Associates, Inc. in the amount of$49,800. If the City Council approves the agreement, staff will have the executed proposal shared with project personnel and will begin in accordance with the proposal. JPK/jk Attachment 25 DUNHAM DUNHAM ASSOCIATES, INC. Agreement for Professional Services This Agreementincluding the General Conditions;Appendices and any Supplemental Agreements shall be effective as of April 9, 2018 between City of Fridley(Client)and Dunham Associates, Inc. (Dunham). This Agreement authorizes and describes the scope. schedule, and payment conditions for Dunham's work on the Project known as: Fridley Civic Campus Client's Authorized Representative: Jim Kosluchar Address: 6431 University Ave N Fridley, MN 55432 Telephone: 763-572-3550 Email: Jim.Kosluchar@FridleyMN.gov Dunham Representative: Matt Jensen Address: 50 South Sixth Street, Suite 1100 Minneapolis, MN 55402 Telephone: 612-465-7550 Email: matt.jensen@dunharneng.com Project Description: New Public Safety Building(City Hall, Police and Fire Dept.)and new Public Works Building. These buildings will be a replacement for the existing city buildings on another site. The Public Safety Building is three levels with 102,000 sq.ft. The Public Works Building is two levels with 84,000 sq.ft. Scope: The Scope of Services to be provided by Dunham is as set forth below and all services are provided subject to the attached General Conditions of Contract and Appendices attached to this Agreement. Overall Process (CX) Dunham will: « Coordinate and direct the commissioning activities in a logical, sequential, and efficient manner using consistent protocols and forms,centralized documentation, clear and regular communications and consultations with all necessary parties, frequently updated timelines and schedules, and technical expertise. « Coordinate the commissioning work with the contractor and construction manager, to ensure that commissioning activities are being incorporated into the master schedule. • Document Owners'project requirements and commissioning activities. « Review Basis of Design Construction Phase (CX) Dunham will: Dunham Associates,Inc. Agreement- 1 26 • Plan and conduct monthly commissioning meetings and distribute minutes. • Request and review additional information required to perform commissioning tasks, including O&M materials, contractor start-up and checkout procedures. Before startup, gather and review the current control sequences and interlocks and work with contractors and design engineers until sufficient clarity has been obtained, in writing,to be able to write detailed testing procedures. • Coordinate and lead a commissioning kick-off meeting. • Review normal Contractor submittals applicable to systems being commissioned for compliance with commissioning needs. A review of the temperature controls submittal will be followed by a meeting with the design team, contractors and owner to discuss the intent of the control system. • Review requests for information and change orders for impact on commissioning and owner's objectives. • Write and distribute construction checklists for commissioned equipment. • Perform regular site visits during critical installation phases,to observe component and system installations. Attend planning and job-site meetings to obtain information on construction progress. Review construction meeting minutes for revisions/substitutions relating to the commissioning process. It is anticipated that the Public Works project will require three(3)site visit/Cx meetings and the Public Safety project will require seven(7)site visits/Cx meetings. • Perform the following pre-functional tasks: o Witness HVAC piping pressure test and flushing,sufficient to be confident that proper procedures were followed. Include testing documentation in the Commissioning Record. o Document construction checklist completion by reviewing completed construction checklists and by selected site observation. o Document systems startup by reviewing start-up reports and by selected site observation. o Approve air and water systems balancing by spot testing and by reviewing completed reports and by selected site observation. • With necessary assistance and review from installing contractors,write the functional performance test procedures for equipment and systems. This will include manual functional testing,energy management control system trending, and may include stand-alone data-logger monitoring, Field Verification and Testing Phase (CX) Dunham will: • Coordinate,witness, and document manual functional performance tests performed by installing contractors. Coordinate retesting as necessary until satisfactory performance is achieved.The functional testing shall include operating the system and components through each of the written sequences of operation, and other significant modes and sequences, including startup,shutdown, unoccupied mode,manual mode, staging, miscellaneous alarms, power failure, security alarm when impacted and interlocks with other systems or equipment. • Sensors and actuators shall be calibrated during construction check listing by the installing contractors, and spot-checked by the commissioning provider during functional testing.Analyze functional performance trend logs and monitoring data to verify performance. o Tests on respective HVAC equipment shall be executed, if possible, during both the heating and cooling season. However, some overwriting of control values to simulate conditions shall be allowed. Functional testing shall be done using conventional manual methods, control system trend logs, and read-outs or stand-alone data-loggers,to provide a high level of confidence in proper system function,as deemed appropriate by the commissioning provider and the Owner. • Maintain a master issues log and a separate record of functional testing. Report all issues as they occur directly to the Owner's Representative. Provide directly to the Owner's Representative written progress reports and test results with recommended actions. Dunham Associates,Inc. Agreement- 2 27 Turnover/Occupancy Phase (CX) Dunham will • Review the Operations and Maintenance manuals for accuracy and completeness. Provide comments to the Owner and project team. • Review all as-built drawings for the projects for accuracy and completeness. Provide comments to the Owner and project team. • Develop and submit a final Commissioning Report including a summary of the following: o Building Information o Commissioning Plan o Functional Test forms completed. o Commissioning meeting minutes o Issue Tracking form Post-Construction and Warranty Period Phase (CX) Dunham will: • Coordinate and supervise required opposite season or deferred testing and deficiency corrections and provide the final testing documentation for the Commissioning Report. Equipment to be commissioned: The following equipment shall be included in the commissioning scope of work: • All AHUs, RTUs and MAUs • All Pumps • VAVs(100%) • All Exhaust Fans • Control Sequences for HVAC Systems • In-Floor heating system and heat exchangers. • Infrared Heating • Snowmelt systems • Domestic Water Heaters and recirculation pump. • Boilers • Unit Heaters • Energy Recovery Unit • Split cooling systems with Condensing units • Building Management System, including graphics • Lighting Controls Schedule: The Schedule for the Services to be provided by Dunham shall be as mutually agreed upon by Dunham and Client. If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be contemplated are provided, and if such periods of time or dates are changed through no fault of Dunham,the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. Start of Biweekly Commissioning Meetings(PW) May 2018 Commissioning for Public Works May 14, 2018—June 8, 2018 Construction meetings attended for PS Starting August 2018 Start of Biweekly Commissioning Meetings(PS) August 27—October 25, 2018 Substantial Completion of Public Safety October 10, 2018 Dunham Associates,Inc. Agreement-3 28 Compensation: Our compensation for Basic Services will be a lump sum of$49,800. Reimbursable expenses are included in the lump sum fee. Optional Additional Services: The following services are not included in the scope of Services to be provided and will be provided only if authorized in writing by Client as an additional Service subject to additional fee due Dunham: 1. Preparation of construction cost estimates 2. Life cycle cost analysis of equipment and systems 3. Preparation of drawings 4. Services not listed as Basic Services Additional Services Compensation: For additional services beyond those defined as Project Basic Services,and when these Additional Services have been prior approved in writing by City of Fridley,our compensation will be hourly at the rates outlined in our current rate schedule attached in Appendix A, plus reimbursable expenses as outlined in attached Appendix B. Invoicing: We will invoice you for our services monthly,for services performed during the previous month. Pre-Lien Notice: CLIENT SHALL FURNISH TO DUNHAM INFORMATION NECESSARY AND RELEVANT FOR DUNHAM TO EVALUATE, GIVE NOTICE OF OR ENFORCE MECHANICS LIEN RIGHTS. SUCH INFORMATION SHALL INCLUDE A CORRECT STATEMENT OF THE RECORD LEGAL TITLE TO THE PROPERTY ON WHICH THE PROJECT IS LOCATED, USUALLY REFERRED TO AS THE SITE AND THE CLIENT'S INTEREST THEREIN. IN THE EVENT THAT THE PROJECT OR PROPERTY SUBJECT TO THE PROJECT IS SUBJECT TO LIENS, DUNHAM PROVIDES THE FOLLOWING NOTICE: (A)ANY PERSON OR COMPANY SUPPLING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (B)UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. This Agreement for Professional Services and the attached General Conditions,Appendices and any Supplemental Agreements as defined below(collectively referred to as the"Agreement")represent the entire understanding between Client and Dunham with respect to the services to be provided by Dunham. The attached Appendices shall govern over the General Conditions, and written Supplemental Agreement(s),where applicable, shall govern over attached Appendices and General Conditions. This Agreement constitutes the entire understanding between Dunham and Client.This Agreement supersedes all prior contemporaneous oral or written agreements. This Agreement may not be amended except by written Supplemental Agreement signed by the authorized representatives of each party. The provisions of this Agreement shall be enforced to the fullest extent permitted by law. Should this proposal not be accepted within a 60 day period from the date of proposal or should the scope, schedule or estimated construction cost vary from the stated assumptions, Dunham reserves the right to review and update this proposal after that time. Dunham Associates,Inc. Agreement-4 29 Dunham Associates, Inc. City of Fridley By: Matt Jensen, PE, LEED AP BD+C By: Jim Kosluchar Title: Executive Vice President Title: City Engineer/Public Works Director ig use � Date Signature Date ATTACHED GENERAL CONDITIONS AND APPENDICES ARE INCORPORATED HEREIN AS PART OF THIS AGREEMENT Attachments: GENERAL CONDITIONS OF THE AGREEMENT FOR PROFESSIONAL SERVICES APPENDIX A HOURLY RATE SCHEDULE APPENDIX B REIMBURSABLE EXPENSES SCHEDULE Dunham Associates,Inc. Agreement-5 30 GENERAL CONDITIONS OF THE AGREEMENT FOR 2. This Agreement may be terminated by either party upon PROFESSIONAL SERVICES seven days written notice should the other party fail substantially to perform in accordance with its terms 1. SERVICES through no fault of the party initiating the termination. In the event of termination Dunham shall be compensated for A. General services performed prior to termination date,including chaes for expenses 1. Dunham agrees to perform professional services as set all term nation expensesnd equipment costs then due and forth in the Agreement for Professional Services or any 3. This Agreement may be terminated by either party upon Supplemental Agreement("Basic Services") thirty days'written notice without cause. In the event of B. Schedule termination,copies of plans,reports,specifications, electronic drawing/data files(CADD),field data,notes,and 1. Unless specific periods of time or dates for providing other documents whether written,printed or recorded on any medium whatsoever,finished or unfinished,or other services are specified,Dunham's obligation to render Instruments of Service prepared by Dunham pursuant to services hereunder will be for a period which may this Agreement and pertaining to the work or to the Project, reasonably be required for the completion of said services. 2. If Client has requested changes in the scope,extent,or shall be made available to the Client per Section 6. All character of the Project or the services to be provided by provisions of this Agreement allocating responsibility or liability between the Client and Engineer shall survive the Dunham,the time of performance and compensation for Dunham's services shall be adjusted equitably. The Client completion of the services hereunder and/or the agrees that Dunham is not responsible for damages arising termination of this Agreement. directly or indirectly from delays resulting from causes beyond Dunham's control. For purposes of this 2. PAYMENTS Agreement,such causes include,but are not limited to, A. Invoices strikes or other labor disputes;severe weather disruptions, or other natural disasters or acts of God;fires,riots,war or 1• Payments for services rendered as set forth in Invoices are due and payable within thirty(30)days of days Dunham's of other emergencies;any action or failure to act in a timely manner by any government agency;actions or failure to act receipt. 2. Dunham shall be entitled to interest at the lesser of a rate by the Client or the Client's contractor or consultants;or discovery of any hazardous substance or differing site of 1 o/o per month or the maximum allowed by law on all past due invoices. Dunham may,after giving seven days conditions. If the delays resulting from such causes written notice to Client,suspend services under this increase the cost or the time required by Dunham to perform its services in accordance with professional skill Agreement until Dunham has been paid in full all amounts and care,then Dunham shall be entitled to a reasonable due for services,expenses and other related charges. Payments will be credited first to interest and then to adjustment in schedule and compensation. principal.Further,Dunham reserves the right to retain C. Additional Services Instruments of Service until all invoices are paid in full. Dunham will not be liable for any claims of loss,delay,or 1. If Dunham determines that any services it has been directed or requested to perform are beyond the scope as damage by Client for reason of withholding services or set forth in the Agreement or that,due to changed products of service until all invoices are paid in full. Dunham shall be entitled to recover all reasonable costs conditions or changes in the method or manner of administration of the Project,that Dunham's effort required and disbursements,including reasonable attorney fees, to perform its services under this Agreement exceeds the Client. in connection with collecting amounts owed by stated fee for Basic Services,then Dunham shall promptly In Client. notify the Client of that fact. Upon notification,Dunham 3. portion the event of a disputed or contested invoice,only that shall be entitled to additional compensation for same,and thisscontested may will be paid. from payment,stnotify and an extension of time for completion of work absent written Dunhame usputed portion disputed eidi Cls within 1days objection by Client. in writing of any items 15 2. For additional services beyond those defined as Project from the date of the invoice. Basic Services,and when these Additional Services have 4• Should taxes,toDunham'sfees r estimatedcosts o total ompey shall . in been prior approved in writing by Client,Dunham shall be addition to total compensation. paid hourly at the rates outlined in the current rate 3. PERFORMANCE schedule attached as Appendix A,along with reimbursable expenses billed at cost. A Standard of Care 1. The standard of care for all professional engineering and D. Suspension and Termination related services performed or furnished by Dunham under 1. If Dunham's services are delayed or suspended in whole or this Agreement will be the care and skill ordinarily in part by Client,or if Dunham's services are delayed by exercised by members of Dunham's profession practicing actions or inactions of others for more than 60 days under similar circumstances at the same time and in the through no fault of Dunham,then Dunham shall be entitled same locality. Dunham makes no warranties,express or to either terminate its agreement upon 7 days written implied,under this Agreement or otherwise,in connection notice or,at its option,accept an equitable adjustment of with its services. rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by B Work of Others Dunham in connection with,among other things,such 1. Dunham neither guarantees the performance of any delay or suspension and reactivation and the fact that the Contractor nor assumes responsibility for any Contractor's time for performance under this Agreement has been failure to furnish and perform the work in accordance with revised. the construction documents. Client acknowledges Dunham will not direct,supervise or control the work of Dunham Associates, Inc. Agreement- 6 31 construction contractors or their subcontractors at the site item or component to the same extent that such item or or otherwise. Dunham shall have no authority over or component and resulting cost would have been required responsibility for the contractor's acts,omissions,nor their and included in the original documents. In no event shall means,methods,or procedures of construction. Dunham's Dunham be liable or responsible for any cost or expense services do not include review or evaluation of the Client's, that provides betterment or upgrades to the Project or that contractor's or subcontractor's safety measures,or job site enhances the value of the Project beyond the original safety or furnishing or performing any of the Contractor's contract. work. C. Waiver of Consequential Damages C. Opinions of Probable Cost 1. Neither Party shall be liable to the other for consequential 1. If requested by Supplemental Agreement,or provided as damages,including,without limitation,lost rentals, an additional service,then Dunham may provide an Opinion increased rental expenses,loss of use,loss of income,lost of Probable Cost. Dunham's Opinions of Probable Cost profit,financing,business and reputation and for loss of provided for herein are to be made on the basis of management or employee productivity,incurred by one Dunham's experience and qualifications and represent another or their subsidiaries or successors,regardless of Dunham's best judgment as a professional generally whether such damages are caused by breach of contract, familiar with the industry. However,since Dunham has no willful misconduct,negligent act or omission,or other control over the cost of labor,materials,equipment or wrongful act of either of them. service furnished by others,or over the Contractor's methods of determining prices,or over competitive bidding D. Waiver of Claims for Personal Liability or market conditions,Dunham cannot and does not 1. It is intended by the parties to this Agreement that guarantee that proposals,bids or actual construction cost Dunham's services shall not subject Dunham's employees, will not vary from Opinions of Construction Cost prepared officers or directors to any personal legal exposure for the by Dunham. If Client wishes greater assurance as to probable Cost,Client shall employ an independent cost risks associated with this Agreement. Therefore, and estimator. notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive 4. LIMITATIONS remedy,any claim,demand or suit shall be directed and/or asserted only against Dunham, and not against any of A. Indemnity for Environmental Issues Dunham's individual employees, officers or directors, and 1. It is acknowledged by both parties that Dunham Associates Client knowingly waives all such claims against Dunham scope of services does not include any services related to individual employees,officers or directors. asbestos or hazardous or toxic materials. In the event E. Assignment Dunham Associates or any other party encounters asbestos or hazardous or toxic materials at the jobsite, or 1. Neither party to this Agreement shall transfer, sublet, should it become known in any way that such materials assign any rights under,or interests in,this Agreement or may be present at the jobsite or any adjacent areas that claims based on this Agreement without the prior written may affect the performance of Dunham Associates' consent of the other party. Any Assignment in violation of services, Dunham Associates may, at their option and this Provision shall be null and void. without liability for consequential or any other damages, 5. DISPUTE RESOLUTION suspend performance of services on the project until the Client retains appropriate specialist consultant(s) or A. Mediation contractor(s)to identify,abate and/or remove the asbestos or hazardous or toxic materials,and warrant that the jobsite 1. In an effort to resolve any conflicts that arise during the is in full compliance with applicable laws and regulations. design or construction of the Project or following the Client agrees to hold harmless and indemnify Dunham and completion of the Project, the Client and Dunham agree that all disputes between them arising out of or relating to Dunham's officers, subconsultant(s), employees and this Agreement shall be submitted to nonbinding mediation agents from and against any and all claims, losses, as a precondition to litigation unless the parties mutually damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected agree otherwise. with, the presence, discharge, release, or escape of B. Litigation—Choice of Venue and Jurisdiction hazardous or toxic substances, pollutants or contaminants of any kind. 1. Any controversy or claim arising out of or relating to this Agreement,or the breach thereof,including but not limited B. Limitations on Dunham's Liability to claims for negligence or breach of warranty,that is not 1. The Client hereby agrees that to the fullest extent permitted settled by nonbinding mediation shall be settled through by law,Dunham's total liability to the Client for any and all the state courts and by the law of the state of Minnesota. injuries,claims,losses,expenses,or damages whatsoever The venue shall be the District Court of Hennepin County, arising out of or in any way related to the Project or this Minnesota, regardless of whether a court of another state may otherwise have in rem or in personam jurisdiction over Agreement from any cause or causes including,but not limited to,Dunham's negligence,errors,omissions,strict such a controversy or claim. liability,breach of contract or breach of warranty(Client's C. Subconsultants Claims)shall not exceed the total amount of our fee. 1. The Client and Dunham further agree to include a similar 2. If for any reason, including but not limited to Dunham's dispute resolution provision in all agreements with negligence or breach of this Agreement,a required item or independent contractors and consultants retained for the component of the Project is omitted from the Contract Project and to require all independent contractors and Documents, Instruments of Service or other deliverables consultants also to include a similar provision in all provided by Dunham, then Dunham shall not be agreements with subcontractors,subconsultants,suppliers responsible for payment of the cost required to add such Dunham Associates,Inc. Agreement-7 32 or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the rovided in such formats suitable for use with current Dunham systems and technology. parties to those agreements. c. Provide access to and make all provisions for Dunham 6. INTELLECTUAL PROPERTY to enter upon public and private lands as required for Dunham to perform its services under this Agreement. A. Proprietary Information d. Give prompt written notice to Dunham whenever the 1. All documents,including reports,drawings,calculations, Client observes or otherwise becomes aware of any beanges in the Project orany defectin the services specifications,CADD materials,computers software oro being provided by Dunham or makes or wishes to hardware or other work product prepared by Dunham make changes in the Project. pursuant to this Agreement are Dunham's Instruments of e. Be responsible for the accuracy of all data consisting Service("Instruments of Service")and Dunham retains all of,but not limited to,computations,as-built drawings, ownership interests in Instruments of Service,including electronic data bases and maps furnished by the copyrights. Client. The costs associated with correcting,creating 2. Dunham shall retain all of its rights in its proprietary or recreating any data that is provided by the Client information including, without limitation, its methodologies that contains inaccurate or unusable information or is and methods of analysis, ideas, concepts, expressions, found to omit information necessary for Dunham to inventions, know how, methods, techniques, skills, perform its services are the responsibility of the knowledge and experience possessed by Dunham prior to, Client. or acquired by Dunham during, the performance of this f. Promptly examine all studies, reports, sketches, Agreement and the same shall not be deemed to be Work opinions of probable costs, specifications, drawings, Product or Work for Hire and Dunham shall not be proposals and other documents presented by restricted in anyway with respect thereto. Dunham and render the necessary decisions and instructions so Dunham may continue in a timely B. Client Use of Instruments of Service manner to provide the services necessary for 1. Provided that Dunham has been paid for the services, completion of the Project. Client shall have the right to use Instruments of Service g. Furnish or instruct Dunham to provide, at the Client's resulting from Dunham's efforts on the project. Dunham expense, additional services that become necessary shall retain full rights to electronic data and the drawings, to complete the work called for in this Agreement or specifications, including those in electronic form,prepared to complete work added to the Project and not by Dunham and its subconsultants and the right to reuse related to the agreed responsibilities of Dunham. component information contained in them in the normal h Furnish to Dunham, prior to any performance of course of Dunham's professional activities. Dunham shall services by Dunham, a copy of any design and be deemed to be the author of such Instruments of construction standards and comprehensive plans Service, electronic data or documents, and shall be given which the Client shall require Dunham to follow or appropriate credit in any public display of such Instruments incorporate into its work. of Service. i. Act promptly to review and approve or reject all 2. Records requests or requests for additional copies of proposed Change Orders and/or Supplemental Instruments of Services outside of the scope of services Agreements. are available to Client subject to Dunham's current rate j. Include with the Agreement any notice or certification schedule. that Dunham will be requested to provide to Client or third parties in connection with the project. Client C. Reuse of Documents and Dunham shall reach agreement on the terms of 1. All Instruments of Service prepared by Dunham pursuant to any such requested notice or certification,and Client this Agreement are not intended or represented to be necll authorize sucheDunham providetionServices as are suitable for reuse by the Client or others on extensions of necessarycto enable htwillmnot be required or the Project or on any other project. Any reuse of the to iany requested.onDunham x n Dunham's Instruments of Service without written consent or liabto sign beyondy cerwhat that beennueld expand do adaptation by Dunham for the specific purpose intended hereuy what has expressly agreed to will be at the Client's sole risk and without liability or legal hereunder. exposure to Dunham; and the Client shall defend, k. Client shall be responsible for decisions made on indemnify and hold harmless Dunham from all claims, interpretations or clarifications of the data, reports, damages, losses and expenses including attorneys' fees drawings, specifications, record drawings, and other arising out of or resulting from reuse of Dunham deliverables whether in printed or electronic form, documents without written consent. provided or furnished by Dunham to Client pursuant 7. CLIENT RESPONSIBILITES to this Agreement that are given by Client without consultation and advice of Dunham. A. General I. Bear all costs incidental to compliance with the 1. Client shall have the responsibilities set forth herein. requirements of this Section. a. Provide full information as to its requirements for the services to be provided by Dunham. Dunham shall be entitled to rely on the accuracy and completeness thereof. b. Assist Dunham by furnishing all available information pertinent to the services to be provided by Dunham. All information available in electronic formats shall be Dunham Associates,Inc. Agreement-8 33 APPENDIX A HOURLY RATE SCHEDULE Through March 31, 2019 DUNHAM ASSOCIATES, INC. Hourly billing rates are: Executive Principal $ 225 Principals $ 195 Engineer IV $ 195 Engineer III $ 185 All other employees on an hourly basis of 2.5 times direct personnel expense(DPE). Direct personnel expense is defined as the direct salaries of the employee and their mandatory and usual benefits such as taxes,vacation,sick leave, and insurance. Typical hourly billing rates for these employees are: Engineer II $ 1 15— 175 Engineer I $ 110— 140 Designer IV $ 180— 195 Designer III $ 125— 195 Designer II $ 90— 140 Designer I $ 70— 110 Drafter II $ 50— 80 Drafter I $ 45— 70 Energy Modeling Specialist $ 150— 199 Commissioning Specialist $ 100— 199 Support Staff $ 50— 70 Dunham Associates,Inc. Agreement-9 34 APPENDIX B REIMBURSABLE EXPENSES SCHEDULE DUNHAM ASSOCIATES, INC. Reimbursable expenses include expenses incurred by Dunham Associate's employees in the interest of the Project. They include: 1. Transportation and authorized out-of-town travel and subsistence; 2. Mileage charged at the IRS approved reimbursement rate; 3. Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; 4. Fees paid for securing approval of authorities having jurisdiction over the Project; 5. Printing, reproductions, plots, standard form documents. Dunham contracts with an outside printing service and will invoice for plotting costs at a multiplier of 1.0 of the amount the printing service invoices Dunham; 6. Postage, handling and delivery, local courier, overnight courier; 7. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; 8. Expense of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits if the Client requests such insurance in excess of that normally carried by Dunham; 9. Taxes levied on professional services and on reimbursable expenses; 10. Site office expenses; 11. Miscellaneous Expenses: All other expenses such as local courier, overnight courier, specification printing, equipment rental,special consultants, etc. Reimbursable expenses will be billed at a multiplier of 1.0 of the actual expense incurred. Dunham Associates,Inc. Agreement- 10 35 AGENDA ITEM if e CITY COUNCIL MEETING OF APRIL 23, 2018 TO: Walter Wysopal, City Manager PW18-026 FROM: James Kosluchar, Public Works Director DATE: April 20, 2018 SUBJECT: Approving a Lease Agreement 181008 with the Metropolitan Council for Offsite Uses One of the driving tenets of the Fridley Civic Campus development included that the City improvements were complimentary with the surrounding planned residential development. Early on in this process, Public Works Department stockpiling and Police Department impound uses were identified as unable to meet this goal with a minimum footprint site. In early 2017, Engineering Division staff identified several candidate locations in Fridley that could be used for these purposes. A portion of a site at 8296 Hickory Street, currently owned by the Metropolitan Council was considered a superior candidate location for these offsite uses, due to the following factors: 1. The property is only partially utilized by the Met Council 2. The property is tax-exempt 3. The zoning is appropriate for the City's offsite uses 4. The site is reasonably remote and impacts to adjacent uses can be minimized In addition, it is noted that the Metropolitan Council could find mutual benefit in the City's use of the property, including improvements contemplated by the City, cooperative maintenance, and improved security. Staff has negotiated the attached draft lease with the Metropolitan Council for the use of the property. Allowable City uses of the site include construction, operation, and maintenance of an unheated vehicle impound building and an unheated storage building, use of up to two spoil piles, use as a police K-9 training area, access to the site for these uses, and any other uses authorized by the Met Council in writing. The City's responsibilities under the lease agreement include obtaining Met Council's approval of all improvements, construction of a leachate dump pad for Met Council's use, installation of perimeter fencing, sharing equally with the Met Council the cost of 36 two automated security gates, providing street sweeping, snow removal, turf maintenance, and maintenance of improvements made to the site. There is no cost for the 30-year term or 10-year extension term of the lease, which will be a large savings to the City. Staff recommends the City Council move to approve the attached Lease Agreement Number 181008 with the Metropolitan Council. If the City Council approves the agreement, staff will finalize its form and prepare it for signature. JPK/jk Attachment 37 Metropolitan Council No. 181008 LEASE AGREEMENT This Lease Agreement("Agreement"or"Lease")is made between the Metropolitan Council,a public corporation and political subdivision of the State of Minnesota ("Council")and the City of Fridley,a Minnesota municipal corporation("City"). Recitals 1. The Council owns property located at 8296 Hickory St. NE, Fridley, Minnesota,Anoka County Property ID 03-30-24-13-0015("Council Property");and 2. The City desires to Lease a portion of this property depicted in Exhibit A for the purpose of constructing and operating a vehicle impoundment facility and spoil storage site. Now therefore,in consideration of the good and valuable consideration described in this Lease,the parties agree as follows: I. Leased Area;Permitted Uses;Access 1. Leased Area.Council agrees to Lease to the City the area of the Council Property depicted in Exhibit A(the"Leased Area"). 2. Possession.As of the Effective Date,the Council agrees to deliver,and the City agrees to accept physical possession of the Leased Area"As-Is." 3. Permitted Uses.The City may use the Leased Area during the Term for the following purposes, which will be collectively referred to as the"Permitted Uses": a. Construction,operation,and maintenance of an unheated vehicle impound building; b. Construction,operation,and maintenance of up to two spoil piles; c. Construction,operation,and maintenance of an unheated storage building; d. Maintenance and use as a police K-9 training area; e. Construction,operation,and maintenance of associated utilities and stormwater management; f. Access to the site for the uses above;and g. Any other uses authorized by the Council in writing. The City's use of the Leased Area may not materially interfere with the Council's use of its property. The City must not make improvements to the Leased Area which would cause the Council Property to become non-conforming with City zoning ordinances. 4. Costs. a. The City is not required to pay rent for use of the Lease Area. In consideration for use of the Leased Area,the City agrees to perform,at its sole cost and expense,the maintenance responsibilities described in Section III of this Agreement.The City shall be responsible for all costs associated with the design,construction,and maintenance of all Improvements made to the Leased Area,unless otherwise specified in this Agreement.The City shall also be responsible for all utility charges and any other charges and expenses connected with the City's use of the property. 1 38 Metropolitan Council No. 181008 b. The City will reimburse Council for 50%of the installed cost for two(2)automated gates to be placed at the existing entrances to the property. 5. Council Access.Council shall have the right to access all parts of the property at any time and for any reason,as long as the Council's access or continued use of the property does not unreasonably interfere with the Permitted Uses identified in this Agreement. At locations that contain evidence access will occur with police representative present. II. Construction Requirements 1. Site Plan Approval.At least 60 days prior to beginning construction,the City will provide a proposed site plan to the Council for approval.The Council will respond within 30 days with comments or approval of the Site Plan.The City must not proceed with any improvements on the Leased Area before the Council approves the Site Plan. 2. Leachate Dump Pad.The Council will provide the design for a leachate dump pad for inclusion in the City's construction contract. The design will include a spill pad and separate sump MH connected to the existing drain line. Design will include a drain connection to the existing dump MH.The City,at its sole expense,will install the leachate dump pad for the Council's use. 3. Construction Plans.The City or its agents will prepare the necessary detailed construction documents for the vehicle impound building,paving,leachate dump pad,site perimeter fencing and utility gate,and a schedule for construction.The City will have a Registered Professional Engineer licensed in the State of Minnesota certify the construction documents.When requested by the Council,the City will make these construction documents available to the Council for periodic review.The City must not proceed with any improvements on the Leased Area before the Council approves the construction documents. 4. Notice of Construction.The City will notify the Council in writing at least 14 days before the construction contractor intends to begin work on the vehicle impound building. 111. Maintenance Responsibilities 1. The City will provide and be financially responsible for maintenance of the following items: a. Sweeping all paved surfaces on the Council Property on a weekly basis during warm weather months;and when dust/debris tracking dictate the need as determined by the Council. b. Plowing snow from all driveways and parking surfaces on the Council Property within 2 hours of the end of every snowfall occurrence of 1-inch or more. c. Maintenance of chain link fencing at the areas shown in Exhibit B,attached to this Lease. d. Weekly mowing of all lawn areas on the Council Property during turf growing season. e. All Pavement maintenance and repairs on the Council Property as determined in the sole discretion of the Council. f. Joint entity signage approved by the Council. 2. Maintenance and Repairs.The City shall be responsible for all maintenance and repairs of the Leased Area including all buildings and structures located in the Leased Area.The City shall be 2 39 Metropolitan Council No. 181008 responsible for removing garbage and debris from the Leased Area and ensuring the Leased Area is maintained in an aesthetically pleasing manner. 3. Gate Access. The Council will construct,install,and maintain automated gates with card access at 8296 Hickory St. NE, Fridley, MN as marked on Exhibit B.The gate position status and control will be telemetered and be remotely monitored(with control capability)off site. The City will be provided access codes for City use to access the site. IV. Term,Termination 1. Term.The term of this Lease begins on the date both parties have signed this Agreement and continues for a period of 30 years.The parties may agree in writing to extend the term for one additional 10-year period. 2. Termination.Either party may terminate this Lease upon 180 days'written notice to the other party. 3. Removal. Upon the expiration of this Lease or earlier termination pursuant to section 9,the City will surrender all alterations,installations,physical additions,or improvements to the Leased Area. However,the Council reserves the right, in its sole discretion and upon prior written notice to the City,to require the City to remove any improvements made to the Leased Area and restore the Leased Area to a condition satisfactory to the Council at the City's sole cost and expense. 4. Holding Over. If Tenant remains in possession of the Property after the expiration or termination of this Lease and without the execution of a new Lease and Landlord does not commence an unlawful detainer proceeding during the first month after such expiration or termination,Tenant shall be deemed to be occupying said Property as a tenant from month to month,subject to all the conditions, provisions and obligations of this Lease,provided however that:(1)the Landlord may terminate the month-to-month tenancy upon 30 days'written notice in accordance with Minnesota law;and(2)the Tenant will be obligated to pay monthly rent of$5,000 to the Council by the 5a'of each month. V. liability,Insurance 1. Liability. Each party will be responsible for its own acts and omissions,and the results thereof.The Council and the City's liability are governed by Minn.Stat.ch.466. 2. Insurance During the Term. During the Term,and longer when required elsewhere in this Lease,the City shall procure and maintain the following insurance: 1. Commercial General Liability occurrence form,ISO CG 00 0107 04 or equivalent,and if necessary an Umbrella Liability policy on a following-form basis, providing coverage for,but not limited to,liability arising from premises,operations,independent contractors,products- completed operations,personal injury and advertising injury,and contractual liability assumed under sections 25 and 26 of this Lease. Policy shall have limits no less than: $1,000,000 Per Occurrence 3 40 Metropolitan Council No. 181008 $2,000,000 General Aggregate $1,000,000 Products Completed/Completed Operations Aggregate The Council and its members,agents,officers,and employees shall be scheduled as additional insureds,utilizing ISO CG 20 26 07 04 and ISO CG 20 37 07 04,or their equivalent,on a primary and non-contributory basis. The City must,and must cause its insurers to,waive any right of recovery or subrogation that may exist against the Council. 3. Third Party Indemnity and Insurance. If the City hires a contractor to perform work on the property including for construction, repair,or maintenance,the City will require the following: a. The contractor must indemnify,defend,and hold harmless the Council and its members, agents,and employees from claims,suits,demands,damages,judgments,costs,interest, expenses(including reasonable attorney's fees,witness fees and disbursements)arising out of or by reason of the acts or omissions of the Contractor,its officers,employees,agents or subcontractors; b. The contractor must provide and maintain insurance as described in Exhibit C to this Agreement,and name the Council as an additional insured;and c. Be an independent contractor for the purposes of completing the work in the Leased Area. 4. Liens and Encumbrances.The City shall not permit any mechanics'or other liens to be placed upon the Premises during the Term of this Lease caused by or resulting from any work performed, material or supplies furnished by or at the request of the City. In the case of the filing of any such lien,the City shall cause the same to be discharged of record within 60 days after the City is notified that such a lien has been filed;provided,however,the City need not discharge such lien if the City shall in good faith content the correctness of such lien and shall procure a bond,affirmative title insurance coverage in favor of Council against such lien or other evidence reasonably acceptable to Council of the City's ability to eventually discharge such lien. VI. General Terms 1. Legal Compliance.The Council and the City agree to comply with all applicable state and federal laws and regulations and all applicable local ordinances and rules,including Minn.Stat.Ch.13 (Minnesota Government Data Practices Act)and Minn.Stat.section 471.425(Prompt Payment of Government Bills). 2. Breach by the City. If the City materially breaches the terms,covenants,or conditions which this Lease requires the City to perform,Council will notify the City of the breach within a reasonable time after Council becomes aware of the breach.The City will then be given a reasonable time period to cure the breach.If the breach is not cured within 30 days,then senior management from The City and Council will meet in good faith to discuss the breach and the measures taken to remedy it. If the meeting between senior management from Council and the City doesn't result in a cure or a plan to effect a cure that is satisfactory to Council,then Council may terminate this Lease upon 30 days'written notice to the City. If circumstances dictate that the breach must be cured 4 41 Metropolitan Council No. 181008 immediately,and Council is forced to cure the breach,the City will reimburse Council for the reasonable costs of effecting the remedy.Council retains the right to collect any damages from the City that occurred as a result of the City's breach. 3. Breach by Council. If Council materially breaches any of the terms,covenants,or conditions which this Lease requires Council to perform,the City will immediately notify Council of the breach. Council will then be given a reasonable time period to cure the breach.If the breach is not cured within 30 days,then senior management from the City and Council will meet in good faith to discuss the breach and the measures taken to remedy it. If the meeting between senior management from Council and the City doesn't result in a cure or a plan to effect a cure that is satisfactory to the City, then the City may terminate this Lease upon 30 days'written notice to Council. If circumstances dictate that the breach must be cured immediately,and the City is forced to cure the breach, Council will reimburse the City for the reasonable costs of effecting the remedy. 4. Successors and Assigns.This Lease is binding upon and for the benefit of the parties and their successors and assigns. 5. Assignment and Subletting.The City shall not assign this Lease.The City may not sublet the Leased Area without prior written approval from Council. 6. Governing Law. Minnesota law governs the validity,interpretation,and enforcement of this Lease. Venue for all legal proceedings arising out of this Lease,or its breach,must be in the appropriate state or federal court in Minnesota. 7. Severability.The provisions of this Agreement are severable. If a court finds any part of this Agreement void,invalid,or unenforceable, it will not affect the validity and enforceability of the remainder of this Agreement.A waiver by a party of any part of this Agreement is not a waiver of any other part of the Agreement or of a future breach of the Agreement. 8. Force Majeure.If a force majeure event occurs,neither party is responsible for a failure to perform or a delay in performance due to the force majeure event. A force majeure event is an event beyond a party's reasonable control,such as unusually severe weather,fire,floods,other acts of God,labor disputes,acts of war or terrorism,or public health emergencies. 9. Notice.A party must provide all notices or demands under this Lease either by certified mail,email (as long as the recipient acknowledges receipt in writing),or in-person delivery addressed to the following authorized representatives: General Manager of Environmental Services City Manager Metropolitan Council City of Fridley 390 Robert Street North 6431 University Ave NE St.Paul,MN 55145-1805 Fridley, MN 55432 In the event of litigation,notice to the Council must be sent to the following address(with a copy sent to the authorized representative at the address specified above): 5 42 Metropolitan Council No. 181008 Metropolitan Council Chair 390 Robert Street North St.Paul, MN 55101 10. Dispute Resolution.The parties will use a dispute resolution process for any unresolved dispute between the parties before exercising any legal remedies.The dispute resolution process is a two- level dispute resolution ladder that escalates a dispute through executive management.At each level of the dispute resolution process,the parties' representatives will meet and explore resolution until either party determines that effective resolution is not possible at the current level,and notifies the other party that the process is elevated to the next level. The parties designate the following dispute resolution representatives: City of Fridley Metropolitan Council Representative(Council) Level 1 Director of Public Works Assistant General Manager of Environmental Services Level 2 City Manager General Manager of Environmental Services The parties must complete the dispute resolution process in good faith before resorting to any other legal process or remedy. 11. Entire Agreement. This Lease contains the entire agreement between Council and the City with respect to its subject matter and may be amended only by subsequent written agreement between them. Except for those which are set forth in this Lease,no representations,warranties,or agreements have been made by Council or the City to one another with respect to this Lease. IN WITNESS WHEREOF,the parties have,by the undersigned individual so authorized,executed and delivered this Lease as of the Effective Date. METROPOLITAN COUNCIL By: Its: Date: 6 43 Metropolitan Council No. 181008 CITY OF FRIDLEY By: Scott Lund Its: Mayor Date: By: Walter Wysopal Its: City Manager Date: 7 44 Exhibit A-Leased Area Portions of the property located at 8296 Hickory St.NE,Fridley,Minnesota,Anoka County Property ID 03-30-24-13-0015,as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 3,Township 30,Range 24,which lies East of the Burlington Northern Railroad right of way,southerly of the Northerly 135 feet of said Southwest Quarter of the Northeast Quarter,and northerly of the South 844 feet of said Southwest Quarter of the Northeast Quarter,and West of a line 420 feet West of the Easterly line of the Southwest Quarter of the Northeast Quarter of Section 3,Township 30,Range 24,subject to easements of record; and the Southerly 30 feet of that part of the Southwest Quarter of the Northeast Quarter of Section 3, Township 30,Range 24,which lies East of the Burlington Northern Railroad right of way,southerly of the Northerly 135 feet of said Southwest Quarter of the Northeast Quarter,and northerly of the South 844 feet of said Southwest Quarter of the Northeast Quarter,and East of a line 420 feet West of the Easterly line of the Southwest Quarter of the Northeast Quarter of Section 3,Township 30, Range 24,subject to easements of record. 45 Exhibit B-Approximate Locations of Perimeter Fencing and Gates r 4 'pproximate location of 1 `i, °�" perimeter fencing 1 i �d P . `f $,� !'' • eye Approximate location of Approximate ,. , \ location of utility \ ,4 g29� automated sates gate ••••••••• ._ �� 11116 allRNA; *Ols • • 46 Exhibit C—Contractor Insurance Requirements The following insurance requirements are required are those currently required by the City of Fridley for its contractors and will be provided,at a minimum,under this lease agreement,unless prior authorization is obtained by the Metropolitan Council. Articles 6.02 through 6.07 of the EJCDC C-700 Standard General Conditions of the Construction Contract, 2013 Edition("General Conditions"),will apply as follows: The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1.Worker's Compensation and related coverages under Paragraphs 6.03.A,1 and A.2 of the General Conditions:' a.State: Statutory b.Federal,if applicable(e.g., Longshoreman's): Statutory c.Employer's Liability: $2,000,000 2.Contractor's Commercial General Liability under Paragraphs 6:03.8 and 6.03.0 of the General Conditions: a.General Aggregate $2,000,000 b.Products-Completed Operations Aggregate $2,000,000 c.Personal and Advertising Injury $2,000,000 d.Each Occurrence(Bodily Injury and Property Damage) $2,000,000 4.Automobile Liability under Paragraph 6.03.D of the General Conditions: a. Bodily Injury: Each person $2,000,000 Each Accident $2,000,000 6. Excess or Umbrella Liability a.General Aggregate $2,000,000 b.Each Occurrence $2,000,000 7.Additional Insureds: Include the following as additional insureds: a.Metropolitan Council,a public corporation and political subdivision of the State of MN b.City of Fridley,a MN municipal corporation SC 6.04 OWNER'S LIABILITY INSURANCE Paragraph 6.04A of the General Conditions shall be deleted in its entirety. SC 6.05 PROPERTY INSURANCE Delete paragraph 6.05 in its entirety and insert the following: 47 Builder's Risk Insurance:Before commencement of the Work,the Contractor shall provide Builder's Risk Insurance on a multiple peril form in the full amount of the total construction and material contract. Such insurance shall contain an appropriate rider to include as Additional Named Insureds,the Owner, the Engineer and his consultants,and each of their officers,employees and agents,all subcontractors, the equipment contractors and all of their subcontractors on the construction premises.Such insurance may have a deductible clause but the deductible amount shall be borne by the Contractor and shall not exceed$1,000.00. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and building only.The requirements of this section shall be waived on projects involving only underground utilities,grading,street improvements and similar construction work,but any damage or loss to property shall be the sole responsibility of the Contractor until final acceptance of the Work. SC 6.06 WAIVER OF RIGHTS Paragraph 6.06 of the General Conditions shall be deleted in its entirety. 48 t:nd1 Y AGENDA ITEM CITY COUNCIL MEETING OF APRIL 23, 2018 Date: April 12, 2018 To: Walter Wysopal, City Managers%� From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Rachel Workin, Environmental Planner Subject: 2018 SCORE Municipal Funding Grant Request for Residential Recycling Grant Agreement Review and Approval BACKGROUND In 1989, the Minnesota Legislature adopted comprehensive waste reduction and recycling legislation based on the recommendations of the Governor's Select Committee on Recycling and the Environment (SCORE), which provides counties with a funding source to develop waste reduction, recycling, organics and solid waste management programs. Each year, Anoka County allocates a base amount of funding to cities within the County, along with enhancement funds to complete additional activities. In 2018, the County piloted a new funding model allowing Cities to request additional grant program funds in excess of the standard base and enhancement amounts; additional grant funding allocated to each city was released in mid-April 2018. 2018 Grant Funds Available For 2018,the Anoka County Residential Recycling program offers the City of Fridley the following base and enhancement funds based on 2016 Metropolitan Council estimate of 11,578 households: Category Amount Formula Base Funding $67,890 $10,000 +$5 per household Additional Drop-off Events $15,000 Equal for all communities >5,000 households General Enhancement $11,578 $1 per household Organics Grant $5,789 $0.50 per household Total $100,257 49 Additionally, Fridley staff was able to request up to $30,000 for supplementary projects apart from the base and enhancement funds. Staff requested $30,000 to support additional organics recycling and a pilot program to increase recycling at multi-family buildings. A higher number of cities applied for this additional funding than was available, so all cities that requested $30,000 received an additional $20,350. The total offered to Fridley for recycling programs in 2018 is $120,607 as compared to $108,945 offered and accepted for 2017. Additional dollars are planned to be spent towards: 1) Education on organics recycling and promotion of the City's new voluntary curbside organics recycling program. 2) Implementation of organics recycling at the new Fridley Civic Campus. 3) A pilot program to increase recycling at multi-family buildings that provides discounted bulky item recycling to apartments that increase recycling and recycling education. Tonnage Goals The 2017 tonnage goal for recycling collected curbside, at multi-unit buildings, and through residential drop-offs in Fridley was 2,723 tons. Fridley residents recycled 2,415.82 tons which was 89% of the City's goal. This figure compared to 2016 as follows: 2016 2017 % Change Curbside Recycling 1881.57 tons 1990.84 tons + 5.8% Multi-Family Recycling 108.350 tons 298.57 tons +175.6% Drop-offs 197.89 tons 126.41 tons -36.12% Total Tonnage 2187.80 tons 2415.82 +10% Tonnage Goal 2613.00 2723.00 +4.2% Pounds per person 156.54 169.25 +8% % of Tonnage Goal 83% 89% The tonnage goal for 2018 is 2,770 tons based on a formula of 160 pounds per person in multi- family buildings with five or more units and 210 pounds per person in single family homes and buildings with less than five units. RECOMMENDATION Staff recommends that the City Council approve the attached 2018 Anoka County Contract including Attachments B and C for a total grant request of$120,607 at the Council's April 23, 2018 meeting. *Tonnage summary chart from 1988-2015 is attached as an addendum to this Memo. 50 Anoka County Contract#C0006186 2018 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 1st day of January, 2018, notwithstanding the date of the signatures of the parties,between the COUNTY OF ANOKA,State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF FRIDLEY, hereinafter referred to as the "MUNICIPALITY". WITNESSETH: WHEREAS,the County will receive funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557(hereinafter"SCORE funds")during 2018;and WHEREAS, pursuant to legislation a portion of the SCORE funds must be used to encourage recycling of source-separated compostable materials; and WHEREAS, the County will also receive funding pursuant to Minn. Stat. § 473.8441 (hereinafter"LRDG funds")during 2018; and WHEREAS, the County also has additional budgeted program funding available to supplement SCORE and LRDG funds for solid waste recycling programs, so that the available amount for the Residential Recycling Program is$1,551,029; and WHEREAS, the County Solid Waste Master Plan 2012 (Master Plan 2012) and MPCA Metropolitan Solid Waste Management Policy Plan 2010-2030 state that MSW generated in the County that is not reused, recycled or composted,will be processed to the extent that processing capacity is available; and WHEREAS,the Master Plan 2012 was developed with the participation of a representative from the Municipality staff, and the Municipality is required to develop and implement programs, practices, or methods designed to meet waste abatement goals by Minn. Stat. § 115A.551, Subd 2a. (b). WHEREAS, in 2017,the County engaged in a process of drafting an updated Master Plan which will be submitted to the MPCA for review and approval in 2018. The anticipated Master Plan 2018 will supersede the current Master Plan 2012 upon approval. The Master Plan 2018 has been developed with the participation of a representative from the Municipality staff, and the Municipality will be required to develop and implement programs, practices, or methods designed to meet waste abatement goals by Minn. Stat. § 115A.551, Subd 2a. (b). WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by Anoka County by providing said SCORE and LRDG funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 51 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality which will help the County and member municipalities meet the goals set in the current Anoka County Solid Waste Management Master Plan. 2. TERM. The term of this Agreement is from January 1, 2018 through December 31, 2018, unless earlier terminated as provided herein. 3. DEFINITIONS. a. "Eligible Expenses"means those expenses for recycling projects/programs and education and outreach and for priority issue activities that assist the municipality in collecting additional tons to help meet its recycling goal. Such expenses may include administration, but only to the extent of salary and legal costs of personnel who are directly working on the planning, implementation and promotion of eligible activities as detailed in this definition. b, "Full Service Recycling Drop-off Center"means centralized permanent drop-off center that is open at least two times a week and accepts at least four types of materials beyond traditional curbside recyclables, i.e.: mattresses, appliances, scrap metal, carpet, furniture, source-separated compostable materials, electronics, etc. c. "Mixed municipal solid waste" (MSW) shall have the meaning set forth in Minn. Stat. §115A.03, Subd. 21. d. "Multi-unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. e. "Opportunity to Recycle" means providing recycling and curbside pickup or collection centers for recyclable materials for residents, including single and multi-family dwellings, as required by Minn. Stat. § 115A.552. Subd. 1. f. "Problem material"shall have the meaning set forth in Minn.Stat. § 115A.03, Subd. 24a. g. "Public entity waste"shall have the meaning set forth in Minn. Stat. § 115A.471 (b). h. "Quasi-Municipal event" means community festivals which appear to the public to be supported and run by the Municipality but in fact are sponsored or co-sponsored by an independent non-profit 501 c(3)organization,for example: the Anoka Halloween Parade. i. "Recyclable materials" shall have the meaning set forth in Minn. Stat. § 115A.03, Subd, 25a. j. "Recycling" shall have the meaning set forth in Minn. Stat. §115A.03, Subd. 25b. k. "Refuse-derived fuel" (RDF) as defined by Minn. Stat. § 115A.03, Subd. 25d., or other material that is destroyed by incineration is not a recyclable material. I. "Source-separated compostable materials" (commonly called "organics") shall have the meaning set forth in Minn. Stat. § 115A.03, Subd. 32a. m. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03, Subd. 38. 2 52 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 2,770 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household(including multi-unit households)in the Municipality shall have the Opportunity to Recycle at least four broad types of materials, including but not limited to, paper (including cardboard/paperboard cartons), glass, plastic, metal and textiles. ii. The recycling (including any organics) program shall be operated in compliance with all applicable federal, state,and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community outreach activities at Municipal or Quasi-Municipal events to inform residents about recycling opportunities. iv. The public information components listed above shall focus on all recyclable materials and the various opportunities to recycle within the Municipality. The Municipality shall incorporate Rethink Recycling images and use the toolkits provided when preparing promotional materials, The Municipality, on an ongoing basis,shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. The County shall work with the Municipality on promotional materials to coordinate messages. The Municipality shall provide promotional materials for review prior to publication to ensure accuracy. v. The Municipality shall regularly attend the monthly Solid Waste Abatement Advisory Team meetings per year. vi. The Municipality shall offer one or two spring and fall cleanup/recycling drop-off event(s)where items not normally accepted at the curb are collected for recycling. If the Municipality is hosting a monthly drop-off as described in 4.b.i below, the spring/fall cleanup/recycling drop-off events may be included within that program. 3 53 b. The Municipality is encouraged to expand its recycling program to include one or more of the following components in order to receive additional funding. i. Organize monthly/quarterly recycling drop-off events which can be held in conjunction with a neighboring municipality(ies) on a cooperative basisfor the citizens of both/all municipalities. ii. Provide a community event recycling program,which at a minimum would consist of providing recycling opportunities at all Municipal sponsored or Quasi-Municipal events and festivals as required by Minn. Stat. § 115A.151. The feasibility of adding organics collection at the event will be explored and if feasible, implemented as an enhancement to the waste abatement program. iii. Provide the opportunity for citizens to engage in recycling activities at Municipal and Quasi-Municipal facilities as required by Minn. Stat. § 115A.151 such as athletic fields and public centers. iv. Organize and manage a Full Service Recycling Drop-off Center. v. Develop enhanced recycling promotion and assistance for multi-units. vi. Develop additional opportunities for Source-Separated Compostable Materials collection. vii. Develop and implement additional opportunities to recycle bulky and problem materials (e.g. appliances, carpet, electronics, mattresses and scrap metal) from residents on an on-going basis either curbside or at a drop-off. c. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall work with the County to prepare'a plan to achieve the recycling goals set forth in this Agreement. d. The Municipality's recycling program shall be limited to residential programming for funding reimbursements under this Agreement. The County will not reimburse business recycling programming or household hazardous waste programming by the Municipality. Any inquiries or requests regarding these topics should be sent to the County for response. e. In addition to the above requirements designed to increase residential recycling opportunities, the Municipality shall provide recycling opportunities in all municipal buildings including but not limited to, city offices, public meeting rooms and parks, as required by Minn. Stat. § 115A.151. If items collected through the Municipal recycling program prove to be contaminated or not recyclable, those items shall be treated as public entity waste and must be processed at a resource recovery facility.' Minn. Stat. §§ 115A.46 ,115A.471 and 473.848. See pages 44-45 of the 2012 Anoka County Solid Waste Management Master Plan regarding the requirements for Public Entity Waste. 4 54 f. Pursuant to Minn. Stat. §§ 115A. 46, 115A.471 and 473.848, all waste generated by city/township government activities (including city/town halls, public works and public safety buildings, parks, and libraries, and for city/townships that arrange for waste services on behalf of their residents (organized collection)) shall be delivered to a waste processing plant for disposal as long as capacity is available. Failure to comply with this provision shall constitute a breach of this Grant Agreement resulting in the loss of all Grant Funding unless, pursuant to statute, the Municipality has conferred with the County and developed a plan to comply within a reasonable period of time.2 5. REPORTING. The Municipality shall submit the following reports semi-annually to the County no later than July 20, 2018 and January 10, 2019. a. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling programs,the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities,the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this Agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting, chipping, or land spreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. c. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. d. The Municipality agrees to support County efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 6. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semi-annually to the County for abatement activities no later than July 20, 2018 and January 10, 2019. Costs not billed by January 10, 2019 may not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses,less revenues or other reimbursement received,for eligible activities up 2 Ibid. 5 55 to the project maximum as computed below, which shall not exceed $120,607.00. The project maximum for eligible expenses shall be computed as follows: a. A base amount of$10,000 and $5 per household for recycling activities only; b. Enhancement activities as provided according to the schedule in Attachment A and the applications in Attachment B for each of the following services: Full Service Recycling Drop-off Center,Spring/Fall or Monthly/Quarterly Drop-off Events;Municipal Park Recycling; Community Event Recycling; Special Curbside Pickup Events; Multi- unit Recycling; and Organics Collection; c. After considering the 2018 Municipal Funding Request applications (Attachment B) designating the additional Grant Projects that the City will undertake in the upcoming year;and d. Including an additional change order contingency of up to 10% of the total of the total base funding, Monthly/Quarterly Drop-offs, and General Enhancement grants. For the Municipality's convenience in determining the amounts for the 2018 Municipal Funding Request, a work plan is included with the Packet. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event the City does not undertake and complete the additional Grant Projects referenced in Attachment B. The County also reserves the ability to assess the programs and reallocate unused SCORE and LRDG funds mid-year if any participating municipality demonstrates the need for the funding and funds are available. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, Subd. 2,for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. § 16C.05,the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. a. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. 6 56 In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. The Municipality shall also comply with all relevant portions of the current Anoka County Solid Waste Management Master Plan,and shall participate in the preparation of the successor Master Plans. b. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. c. If the Municipality utilizes the services of a subcontractor for purposes of meeting requirements herein, the Municipality shall be responsible for the performance of all such subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. d. It is understood and agreed that the entire agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. e. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. f. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. g. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. h. Nothing in this Agreement shall be construed as creating the relationship of co- partners,joint venturers, or an association between the County and the Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds." The Municipality shall provide copies of all promotional materials funded by SCORE funds. The County shall provide all printed public information pieces about County programs. A Municipality shall not modify County publications related to business recycling, household hazardous waste management or the County compost sites. 7 57 Information about the County's business recycling program, household hazardous waste management program or County compost sites that a Municipality plans to publish in a Municipal communication, printed or electronic,shall be provided to the County for review and approved by the County prior to publication to ensure accuracy and consistency. 12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days' written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. 8 58 IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OF FRIDLEY COUNTY OF ANOKA By: By: Rhonda Sivarajah, Chair Name: Anoka County Board of Commissioners Title: Date: Date: By: By: Jerry Soma Municipality's Clerk County Administrator Date: Date: Approved as to form and legality: Approved as to form and legality: By: By: Kathryn M. Timm Date: Assistant County Attorney Date: kmticontracts\integrated waste contracts\SCORE grants12018 SCORE Fridley 9 59 Attachment A 2018 Funding for Municipal Waste Abatement Programs 2015 Additional Enbancema t Until Available. 2018 Ease Funding and Goals Mon3dylwla«w «,,,„x OnheRam4m 05$0.4 Grant 0r341rvts Grant Addrtmnal Gran: 0103/00 Md.*. 63232153704 3090/02! $1/131 Prgram Municipality - ' 70141{u84.4r...big MUMOpNIWathat. )7000054 4....0232E..413..4 a.Orepo}7,. Opt.4039 3000+ : 89mum<mah3„ do have RMmrt10.11iN Mai 0anenlrnhena.m.<rt Base 3/383)032`:SI0r000+55 Per HH(Hou6ehOW1 Geai<, rea be addea0.44 w AouNo/b *8.1. ld. en 4!.+158.08°9. <uMM.w.d14P tlrop•oR 083883,,3 Snhexenent handl 300 pPMia -o3.00..483. k.3202..8..958„ �I�und. and 01T40o 210P398 aI 858 Cane... ane.. Total Pop NN $10,8801.„ 5590/HH T.5 010,000 315,000 m to 580,000 Andover 00006176 32,335 10.391 5 10,00000 3 51,955.00 5 61,95537 3.371 55000$ 10331 $ 5.135,50 $ 92:54100 48314 W306177 '7.99$ 7,430 1 10,0)000 $ 37.18000 $ 47,130.00 1,721 1.9j9:19'0 7,436 $. 3,710.00: $ 73,3100.0 0)0 Bethel 016173 401 174$ 10,00000 3 170,00 $ 1037000 40 0 30.390 :0 174 6 87.00: $ 21,113.00 aleme 60006179 34.188 23516$ 10,000.00 $ 117,39000 5 127.93030 6,488 S 10,0.0'5 23.568 i 11,733.W - 3 170300,00 Comeoo$e 00006180 3958 1.951 1 1000000 1 6:755.00 3 16,75900 409 0.-. 4,800 '.S 1,351 .. 675.50 3 28,75130 a 00 circa 8,6.5 , C05181 4.909 2,021 $ 10,00000 5 10.10500 $ 10100.00 501 3 3,0.0005 2,051 $ 1,010.90' _ 3 30,/33,50 C0mmis..Hee nn [0006182 20158 8,155 5 10,00083 5 40775.00 5 90775:001 2030 ...:,$ 1,,900 5 8.135- 5 3.135 5 13,015.00 Columbus (0026583 3,870 '!.425 5 10000.00 0 7.125 00,$ 17,11500 436,5 10.000 3 -0,425 0 1.425: $ 29375.00. Coon Rapids 60006504 02:723 24.235 S 10000.00 5 111.175,00 3 131,175'.00 6.130 1 10.039:,3 24,235: 3 20.255: 5 333,64300 East Bethel 00006165 11,738 055$ 1000083 5 20.775,00 $ 30,77503 1.215 S:- 20,000 $ 4,135"5. 207730. 3 47,00750 Pulley 02006186 20.031 11573 5 10000.0 5 57,680.00 5 67,830.00 7270 $ 1569011.1 5 11.878 $ 5.70000: 8 140.15790 Ham la Se 00006187 15.891 5,406 S 10000:00 5 27,03083 5 37,01000. 1,642 $ :: 16,000,5 5,406 �$ 3.005 '5 92,04200 HNRop (0006133 784 394 5 10.00000 5 1,97000 5 1197036 48 $:: ,4Ok0)31 5" 594.7$ 137.00 .. 5 27,58190 te.113<00 00006039 2,018 782$ 1000000 3 3,91000 $ 13,910.00 200 9: 30.000 3 702�$. 50300 $ 25;0390 Lino 0.665 00006190 20.803 8$20 5 100:000 S 32.61500..$ 42.643.36 2135 $ 18;009:_3 -6.929.: 3 5,534- $ 73,70390 tmwo0d T0y<mba C106101 5.359 1,959 1 10.000,00 $ 9,19300 0 19,73500 558 1 10,04 $ 1919 :$ 1333' 1 3471390 5447han 00005192 4,543 1,494.$ 1000500 5 7,470.00 S 17,47.00 477 �3 1094 3 74700. 5 2376100 Dat Grove C0006193 0.380 2,831 $ 101000 5 10.30500 5 24,309.00 874 $': 3 $ 2,861 5 1430.58.:. 5 31,596.50 .3913+7 C0306134 20,251 3,973:5 10.000.00 5. 41,00500 5 54.865,00 2696 5 2$020,5 8,973 -:5 0379 5 8733120 Sp rum Lal.Park 00006135 6,213 2607.5 10000.00 $ 10.093,00 $ 23,09500 622 $': 14 5 2307 �S La07y $ 91,248.00 SI Francis C006058. 7900 3.429 5 1000040 5 13.115.00 5 13,115,03 751 3 2,623'5 1,311,50 3 370.43.30 M0.545 110,139$ 2 00 i 50.0 03 3 640.625.02 5 350,375:00 35,347 :. 339,390 3 14,00.3 128,133 8.... 14,42100:5$ 59,115,0 210,000 1 1,537.52100 2015 total Allocation 104.402 stag.SCORE an01R00funds an400090..l bu05.tad 00o3lam hant6n, PopoItan and Sleusehold Counts are triad on 2016 Me 04000 Estimates 00.5100 based 0,210pounds/p.rson/ye„55OH larn49 bpm.u0 to 4.4M/sand 16038wnds/porsonhear muR4units 5 unas or mon '5„41.4440,00045hands,000R0.1.1.9 mast coombs.411009.84116 and 00..4056 60 Attachment B 2018 Grant Funding Applications due January 31,2018 The City or Town of Fridley is requesting the following funding for their municipal program abatement efforts in 2018, General Instructions Eligible Expenses: Staffing: Salary and benefits to cover a portion of full-time or part-time recycling program staff who are directly working on the planning, implementation and promotion of waste reduction, recycling and composting programs can be covered with base funding. Collection Costs: If residents are charged recycling fees for curbside or recycling events,waste abatement funds will reimburse the difference between the fees collected and the cost of recycling or composting the materials. Equipment: The cost to purchase, maintain and repair equipment that is used exclusively to operate the recycling or composting program. Containers: The cost for recycling or organics containers. Promotion: The percentage of cost for the portion of a municipal newsletter dedicated to waste reduction, recycling or composting information. Ineligible Expenses: The following costs should not be submitted for reimbursement from dedicated waste abatement funds(SCORE, LRDG and SWMC). General Municipal Staff: Administrative,clerical,finance and legal staff that provide general support to municipal employees at the city or town. General Operational Costs/Building Overhead: Since most of the municipal recycling coordinators are part-time positions and staff serve multiple roles at the city/township, it is assumed that the general cost of space,office equipment and basic office supplies would need to be provided with or without the recycling program,therefore,these costs are not eligible for reimbursement. Project Costs: Specific to energy or ground water protection. Collection Costs: General waste and recycling costs for the collection of materials from municipal buildings,trash costs when accepted at a recycling/cleanup day or costs associated with road side cleanup of illegally dumped materials. 61 Attachment B 2018 Base Funding Grant Application Form Since the start of SCORE(Select Committee On Recycling and the Environment)funding,a similar formula has been distributed to municipalities,$10,000 base and$5/household. This amount should pay for the basic program elements including the percentage of time the recycling coordinator spends on recycling duties,regular curbside collection costs,general operations of a drop-off center, costs for spring and fall recycling days,basic promotion costs and yard waste collection costs. BASE FUNDING REQUESTED+A35:CA35:1377 I Dollar Amount Administration %of time for Recycling Coordinator $ 46,400.00 Other Staff that directly administer the recycling program $ 9,000.00 Office supplies needed for recycling program $ 600.00 Training/Mileage/Dues $ 200.00 Subtotal $ 56,200.00 Curbside Collection Estimated curbside collection contract costs $ 286,148.00 Estimated curbside collection revenue 308,432 Difference that requires funding Subtotal $ (22,284.00) Regular Drop-off Expenses Equipment-standard equipment maintenance Facility costs e.g.electricty,rent,supplies,trash removed from recyciabies Service Providers/collection costs $ 21,214.00 Labor $ 3,860.00 Estimated revenue $ 2,60000 Difference that requires finding Subtotal $ 22,474.00 Promotion Printing $ 6,000.00 Postage $ 5,000.00 Advertising incentive products Contracted performances e.g.Climb,Tricia and the Toonies Subtotal $ 11,000.00 Yard Waste Special Collections for leaves/grass and tree waste Estimated Curbside Collection Contract Costs Estimated Curbside Collection Revenue Difference that requires funding Subtotal $ - Problem Materials Tires $ 500.00 Oil Estimated revenue from oil Difference that requires funding Subtotal $ 500.00 Total Base Funding Requested'$ 67,890.00 62 Attachment B 2018 Municipal Program Enhancement Grant Application There is$686,847 available for enhancement activities. When the county started offering additional enhancement grants,the intent was to make these funds available to collect more materials to help the county meets its 75%recycling/composting goal by 2030. This attachment is an application form. All communities must apply for these funds and explain what projects they are proposing that meet the following categories. Monthly/Quarterly Drop-off Events Grant • $10,000 is available for communities with up to 4,999 households • $15,000 is available for communities with 5,000 or more households Additional Dron-off Collection Programs From the list of targeted materials,it is expected that spring and fall drop-off recycling events will accept appliances,automotive products,bicycles,carpet,confidential paper,electronics,fluorescent lamps,household batteries,mattresses and scrap metal from residents. This funding is provided for additional events beyond the regularly scheduled spring and fall recycling days. Program Costs for Collecting the Following Targeted Materials Examples of materials that can be collected for reuse/recycling/composting: Standard Recyclable Materials Collected at Drop-off Events Additional Items Appliances Fluorescent Bulbs Block n Shape Polystrene • Automotive Products Household Batteries Furniture* Bicycles Mattresses* Small Household Goods Carpet* Scrap Metal Source Separated Organics Confidential Paper Vinyl Siding Electronics Yard Waste None of these materials should be advertised and then collected as trash,specifically those items marked with the'. Items that should be evaluated for reuse prior to recycling: Bicycles Clothing Furniture Mattresses Special Monthly/Quarterly Drop-off Events Equipment Service Providers/Collection Costs Promotional Coupon Costs $ 7,500.00 Labor-Staff/organizations $ 7,500.00 Other Full Service Drop-off center Equipment Service Providers/Collection Costs Additional staffing requirements Total Drop-off Program Request $ 15,000.00 Please describe the additional drop-off activities and how they will increase the amount of material collected for recycling. 63 Attachment B The City of Fridley will increase from three drop-off/paper shredding events to six drop-off/paper shredding events.lncreast General Enhancement Grant—$1/household—all municipalities are all eligible for this regardless of size Eligible categories are listed below. Staffing for multi-family outreach,park recycling or dedicated recycling program interns,event recycling expenses,new recycling containers and promotional materials for additional recycling opportunities are some examples of eligible expenses. Park Recycling --Recycling Containers Price/container --Recycling Bags Service Providers/Collection Costs Promotion $500 Labor-Staff costs needed for collection $ 1,878.00 Park Recycling Subtotal $ 2,378.00 Event Recycling-Please list any organics costs in organics section. --Recycling Containers Price/container --Recycling Bags Service Providers/Collection Costs Labor-Staff costs needed for collection Event Recycling Subtotal $ - Special Curbside Recycling Pickups Collection Costs Subsidy to resident--#of items collected x Special Curbside Subtotal $ - Multi-Unit Recycling Outreach Equipment/Promotion $ 3,460.46 Staff costs $ 4,739.54 Collection Costs Multi-unit Enhancement Subtotal $ 8,200.00 Additional Promotion Costs Promotion/Printing/Postage/Advertising $ 1,000.00 Promotion Subtotal $ 1,000.00 Total Enhancement Program Request $ 11,578.00 Please describe the additional general enhancement activities and how they will increase the amount of material collected for reuse or recycling. The City of Fridley will continue to collect recycling from late spring-early fall The City will also hire a part-time int with recycling programs inlcuding a Multi-Unit pilot project in which apartment managers will receive Green Light for complying with definted program requirements. The City will continue to print signage for multi-unit recycling I education campaign. The City will host a Fix-1t Clinic as part of a larger Environmental Fun Fair. The Environmental educational opportunities related to organics and traditional recycling. Organics Grant • $0.50/household for municipalities that do not have a permanent organics program • $1/household for municipalities that have a permanent organics drop-off(s)or a curbside program Organics Program Costs Equipment --Organics Containers/Starter Kits Price/container $ 15,348.00 I 64 Attachment B Equiment costs include the creation of organics starter kits for participants in the curbside organcis program Including a kit educational pamphelet as well as costs associated with mailing a welcome letter to participants.The costs also Include star new City Hall and Public Works facility,including an initial suppply of compostable plateware to replace the current dispos. containers.Collection costs include one month of free collection to the first 300 subscribers to the curbside program to Inc container for the pumpkin drop-off to occur after Halloween.Promotional costs include 2 mailed advertisings for the curbs promotions in the utility bill,and posters at the new Civic Campus Additional Grant Program Request $30,000 is available based on need. If more applications are received than funds available,applications will be reviewed and those projects with the greatest potential to increase materials collected for recycling will receive the funding. Eligible costs for this category are expenses that cannot be funded by all the other categories. Preference will be given to those communities that are currently spending all enhancement funding on innovative,new program ideas and need additional funds to continue to expand program opportunities throughout 2018 to meet their recycling goal. Project Description: Provide a brief,one page or less,project description. The project description should address: • project scope and design; • expected outcomes-increased materials collected,increased tons from this project; • if the project will benefit multiple municipalities or the county; • key individuals participating in project activities,including any project collaborators; • overall project timeline;and • why project is compelling and worthy of funding Prolect Budget: Tasks/items Costs Multi-Unit pilot program $3,000 Organics program $ 27,000.00! Total Additional Grant Program Request $ 30,000.00 Total Funding Requested Total Base Funding* $ 67,890.00 Total Enhancement Funding • Monthly/Quarterly Drop-off Funding* $ 15,000.00 • General Enhancement Funding* $ 11,578.00 • Organics Program Funding $ 5,789.00 • Additional Grant Program $ 30,000.00 Total Funding Requested $ 130,257.00 *These amounts are eligible for up to 10%change order if unexpected costs exceed budgeted amounts. 65 Attachment B --Compostable Bags Compostable Serving Ware-cups/bowls/utensils —Container rental or collection costs $3,500.00 Promotional costs $ 13,941.00 Labor-Staff/organizations#of hours Total Organics Program Cost $ 32,789.00 Total Organics Program Request $ 5,789.00 Total Additonal Grant Program Request $ 27,000.00 Please describe the additional organics activities planned and how they will increase the amount of material collected for composting. 66 Additional Grant Program Request The City of Fridley is requesting an additional$30,000 to develop new programs to increase the quantity and quality of material to be collected for recycling. The$30,000 will be used to develop two new programs: Organics Program Extra funding would be used to provide incentives and promotion related to the City's new curbside organics collection program and to begin organics collection at the City's new Civic Campus and Public Works building.it is expected that this additional grant funding would increase the tonnage of organics collected,which would help the County meet its goal of recycling 15%of organics by 2030.The curbside organics program would begin April 1#.Key individuals include Rachel Workin,Environmental Planner, and the organics hauler,Republic Services.Organics collection at the new Civic Campus and Public Works building would occur when the buildings become operational in spring 2018 and fall 2018 respectively.Key individuals include Rachel Workin,Environmental Planner,and Jeannie Benson, Buildings Manger. This project is worthy of funding,due to its innovative nature.The City of Fridley would be the first open hauling community in the County to offer curbside organics recycling. Offering organics collection at the new Civic Campus would be an expansion of current programs and demonstrate a governmental commitment to the new program. Multi-Unit Bulky item Recycling Pilot Program In discussions with apartment managers,disposal of bulky items is one of the greatest challenges to successful solid waste management.The City of Fridley is proposing to collaborate with Green Lights Recycling on a pilot program to collect bulky items from multi-unit buildings for recycling at a discounted rate.The City would use extra grant money to build on and increase participation in this program by purchasing gift certificates to Green Lights Recycling,andwould distribute these gift certificates as incentives for implementing best management practices related to recycling(i.e.increasing capacity, distributing totes and educational materials,etc.) Since the gift certificates would be tied to implementing recycling best management practices and directly result in materials recycled,it expected that the program would result in increased tonnage at multi-units.Collaborators in the project would include Green Lights Recycling,which has provided a special pricing rate for apartment managers,and the City's apartment managers.The City's intern would begin inscribing apartments In the pilot program in February. This project is worthy of funding,because recycling rates at apartments in Fridley have historically been below the 160 per person goal.This project would build off of previous work to increase educational signage and best practices at apartments. 67 Attachment C Grant Funding Decision 2018 Grant Year The City of Fridley is eligible for a total of$100,257 for their Municipal program abatement efforts in 2018. The City submitted a timely application for funds(Attachment B)in the amount of$130,257 including additional grant funding of$30,000. To the extent that the City requested funds in excess of the total eligible amount and/or the eligible amount in any category it is denied. The approved funding for the 2018 Residential Recycling Program based on the budgeted expenditures set out in Attachment B and the eligible amount is$100,257. ELIGIBLE REQUESTED Award/(Denv) Base Amount:(no application needed)$ 67,890 $67,890 $ 67,890 Monthly/Quarterly Drop off Events 15,000 15,000 15,000 General Enhancement grant 11,578 11,578 11,578 Organics Grant 5,789 5,789 5,789 Total $ 100,257 $ 100,257 $ 100,257 The City has also applied for the Additional Grant program which provides funds up to$30,000. The City has requested$30,000 in additional funding for organics program incentives and promotion and a multi-unit bulky item recycling pilot program. The City has been awarded an Additional Grant of$20,350. The total Award to the City of Fridley is$120,607. g.4) Reviewed by: �i�9 � Dated: ,1 / 1O/( ° sistant County Attorney Extra up to$30,000 68 fa O F+ N N p W O W W W O O p 00 8 0 p 0 O o COtO CO tO 00 V CO WW 1-sia LI, 03 w � I-. O F-. N tO w to)-‘• 11111111 A W co ro V LO � C l~0 W N G l0 W _� 03 W N N N tO c Lrl to {0 I� N A Xi I °' N a I l0 ACD to to Lu co W 73 I to to 1111111.1111111 I NJ en 1 W INJ 1111111111111111 ID O > 1 0 N Q N cu 0 NJ 0 al W N 0. ' I-. mph NJ NJ 01 2 00 0 NJ 1111111.1111111111 I N r. 1 tn 11111111111111111 n..) NJ NJ N N O �__� N N I W O.^ � �� N aW W C IIIIIIIIIIIIIIIII00 I N N o NICO 1-+ O IV NJ c NJ rn NJV N 1.0 C cc N t+ cr. NO � W N V N) 1 • --I O I t 69 AGENDA ITEM CY{v of Fridley COUNCIL MEETING OF APRIL 23, 2018 CLAIMS CLAIMS 180438 - 180602 70 o a � 8 � CO LID l0 0 caN o CO D O oo � R v0 No 0 In oS1111 vc odv 071 1.71 ooo a .a ti .i rd in in m m V Nz M en en en N N L \ , ....4,... � 0 r O ° ; u .., ;? 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Iro a 1 1 I I I ��,, .6 L E C i CO V C E e i E E E z ' til E 3 Z , C CA C3 .' „ E 0 C $ w u 3 Q to Q O Qu t W Ti 0. d r O Y W O C ..4 E C 7 7 $ Z O 4 C .-1 NN .-I N .-1 00 01 m h .-I T �' m 000 .1 N N N N m m 0 .-1 e-1 O C tit1 8 8 .. .-1 N .1 r1 .-1 .-1 .-1 .-1 N V' 0 N In 7 h.o 4 W 0 N O N .^-1 .^-1 .^-1 .^-1 .n-1 .^'1 .^-1 .-1 ...1 .^-i 4Ln-1 co co Q 0 a 1-1 ? * AGENDA ITEM `�°l CITY COUNCIL MEETING OF Fridley April 230 2018 DATE: April 23, 2018 TO: Wally Wysopal, City Manage�� FROM: Shelly Peterson, Finance Director RE: Consider providing host approval the issuance of Revenue Bonds by the City of St. Paul Park, MN for the benefit of PHS WestHealth, Inc. and PHS Interlude Fridley LLC In 2013 the City of Fridley issued Health Care Facilities Revenue Note, series 2013 for the Benedictine Living Center of Fridley, LLC located on the Unity Hospital/Allina campus (conduit issuance- BHS/Allina TCU project). Benedictine is now known as PHS Interlude Fridley, LLC and its members include Presbyterian Homes Care Centers, Inc and Allina Health Systems. r L,. } "' 7"77 PHS Interlude Fridley LLC collectively with PHS �. teNOs:- WestHealth, Inc., plan to refinance both the * 4 3; '.."7-- ; 2013 issuance for the 50-bed transitional care " = : facility in Fridley along with a 55-unit transitional _ 0 " � care facility located in Plymouth. The i : ,- approximate principal amount of this project is : . $26,000,000. Ftf , 'le"' , -1,1.--4. Ift-it'._ -,1*-31;,,, 4.r 4 This refinance is a conduit issuance and subject _ f ,. to the annual bank qualified debt issuance limit '''' -:,:..t4:-_,ti-4'. .. ., f4: ,:ii. , .,_*'.41'-' -5-.?: to,. ,. , �. for the City. The City of Fridley is scheduled to issue bank qualified debt in 2018 (Water& kr � Sewer funds) and therefore unable to provide } I -' t conduit debt for the amount the purchaser -.4,4%.1, . _ -; 1 -'„ requires. �,. *. Lii,:: -1-''-'4' ,44,_. ' - '-'- ;:"--,,, ;71- y The City of St. Paul Park, MN is able to provide '-'I.- 4- * 4r4:.."r: ''''''''L ''x =, r �', the full conduit issuance. As the host City, °� m R Fridley must hold a public hearing to consider Lp�� � .` the proposal and also adopt a resolution _ ;_` approving the issuance by St. Paul Park. 96 This debt is a revenue note issued by St. Paul Park to be paid based on a pledged revenue stream which is solely the obligation of PHS WestHealth, Inc and PHS Interlude Fridley LLC. The borrower/holder of the bonds will have no taxing power over the City of Fridley to pay bonds or enforce payment against any property in the City. Attachment A is the notice which was published in the Fridley Sun/Focus on 4/6/18. Attachment B is a letter from Julie A. Eddington with Kennedy and Graven detailing the request. Julie is also the attorney who facilitated the original 2013 issuance. Julie will be present for the public hearing to answer any questions that may arise from the Council and public. Recommendation Staff is recommending Council open the public hearing to consider the issuance of revenue bonds by the City of St. Paul Park for the Benefit of PHS WestHealth, Inc. and Interlude Fridley, LLC. Upon closure of the public hearing staff recommends Council adopt a resolution consenting to and providing host approval to the issuance by the City of St. Paul Park of its revenue bonds. 97 Attachment A CITY OF FRIDLEY,MINNESOTA (Legal Publication) NOTICE OF A PUBLIC HEARING TO BE CONDUCTED BY THE CITY OF FRIDLEY, MINNESOTA TO CONSIDER THE ISSUANCE OF REVENUE BONDS BY THE CITY OF ST. PAUL PARK, MINNESOTA FOR THE BENEFIT OF PHS WESTHEALTH,INC.AND PHS INTERLUDE FRIDLEY,LLC NOTICE IS HEREBY GIVEN that the City Council of the City of Fridley, Minnesota (the "City"), will hold a public hearing on Monday, April 23, 2018, at or after 7:00 p.m. at the Council Chambers in City Hall, located at 6431 University Avenue NE in the City, to consider a proposal that the City grant host city approval to the issuance by the City of St. Paul Park, Minnesota(the"City of St. Paul Park") of revenue bonds, in one or more series, as taxable or tax-exempt obligations (the"Bonds"), in the approximate principal amount of $26,000,000, for the benefit of PHS WestHealth, Inc., a Minnesota nonprofit corporation ("PHS WestHealth"), whose members are Allina Health System and Presbyterian Homes Housing and Assisted Living, Inc., both Minnesota nonprofit corporations, and PHS Interlude Fridley, LLC, a Minnesota nonprofit limited liability company formerly known as Benedictine Living Center of Fridley, LLC ("PHS Interlude," and collectively with PHS WestHealth and any affiliates, the "Borrower"), whose members are Presbyterian Homes Care Centers, Inc. and Allina Health System, both Minnesota nonprofit corporations. The Borrower intends to apply the proceeds of the Bonds to, among other things, refinance a 50-bed transitional care facility (the "Project") located at 520 Osborne Road NE on the Unity Hospital/Allina campus in the City, which is owned by PHS Interlude. The Project was initially financed, in part,with the proceeds of the Health Care Facilities Revenue Note(BHS/Allina TCU Project), Series 2013, issued by the City on December 30, 2013 in the original aggregate principal amount of $10,000,000. The Borrower also intends to use the proceeds of the Bonds to refinance a 55-unit transitional care facility located at 2775 Campus Drive on the WestHealth/Allina Health System campus in Plymouth, Minnesota, which is owned by PHS WestHealth,to fund required reserves, and to pay costs of issuance of the Bonds. The Bonds will be special, limited obligations of the City of St. Paul Park, and the Bonds and interest thereon will be payable solely from the revenues and assets pledged to the payment thereof. No holder of any Bonds will ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment against any property of the City. The Bonds are to be payable solely from revenues and security provided by the Borrower to the City of St. Paul Park and pledged to the payment of the Bonds. At the time and place fixed for the public hearing, the City Council will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. In addition, interested persons may direct any questions or file written comments respecting the proposal with the City Clerk,at or prior to said public hearing. Dated: April 6,2018 BY ORDER OF THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA /s/Debra A. Skogen, City Clerk City of Fridley,Minnesota 98 Attachment B Kennedy ;, Offices in 470 U.S.Bank Plaza Mimtea olis 200 South Sixth Street `, p Minneapolis MN 55402-1458 Saint Paul (612)337-9300 telephone raven (612)337-9310 fax St.Cloud www.kennedy-graven.com CHARTERED Affirmative Action,Equal Opportunity Employer JULIE A.EDDINGTON Attorney at Law Direct Dial(612)337-9213 Email:Jeddington@kennedy-graven.corn April 16,2018 Shelly Peterson, Finance Director City of Fridley 6431 University Avenue NE Fridley,MN 55432 Re: Resolution providing host approval for facility to be refinanced with the proceeds of revenue obligations to be issued by the City of St.Paul Park Dear Shelly, PHS Interlude Fridley, LLC, a Minnesota nonprofit limited liability company formerly known as Benedictine Living Center of Fridley, LLC (the"Borrower"), whose members are Presbyterian Homes Care Centers, Inc. and Allina Health System, both Minnesota nonprofit corporations, owns and operates a 50-bed transitional care facility(the"Fridley Facility")located at 520 Osborne Road NE on the Unity Hospital/Allina campus in the City of Fridley (the "City"). The Fridley Facility was originally financed in part with the proceeds of the Health Care Facilities Revenue Note(BHS/Allina TCU Project),Series 2013(the"Series 2013 Note"), issued by the City of December 30,2013, in the original aggregate principal amount of$10,000,000. The Borrower has requested that the City of St. Paul Park(the "City of St. Paul Park")issue revenue bonds (the"Bonds")in the maximum principal amount of$26,000,000 in order to,among other things,refinance the Fridley Facility by refinancing of the Series 2013A Note. In order for the City of St. Paul Park to issue the Bonds,the City must grant"host approval"to the issuance of the Bonds, following a duly noticed public hearing, under Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Act"), Minnesota Statutes, Section 471.656, and the Internal Revenue Code of 1986,as amended(the"Code"). In addition,the City must also consent to the refunding of the Series 2013 Note by the City of St.Paul Park pursuant to Section 469.155,subdivision 12 of the Act. Enclosed is a resolution for consideration by the City Council on April 23,2018,following the public hearing,which grants host approval to the issuance of the Bonds by the City of St.Paul Park and also consents to the refinancing of the City's Series 2013 Note by the City of St.Paul Park. If the City Council authorizes City of St. Paul Park to issue the Bonds,the Bonds will be issued as conduit revenue bonds of City of St. Paul Park secured solely by the revenues derived from the loan or other revenue agreements executed by the Borrower and from other security provided by the Borrower. The Bonds will not constitute a general or moral obligation of the City and will not be secured by or payable from any property or assets of the City and will not be secured by any taxing power of the City. The Bonds will not be subject to any debt limitation imposed on the City and the issuance of the Bonds will not have any adverse impact on the credit rating of the City,even in the event that the Borrower encounters financial difficulties with respect to the Fridley Facility. The issuance of the Bonds by City of St. Paul Park to refinance the Fridley Facility will not affect the City's ability to issue general obligation or conduit revenue bonds in calendar year 2018. Furthermore,the issuance of the Bonds by City of St.Paul Park will not affect the ability of the City to 521264v1 JAE FR110-14 99 Attachment B issue and designate bonds as qualified tax-exempt obligations (or"bank qualified") for purposes of Section 265(b)(3)of the Code. The Borrower will pay the out-of-pocket expenses of the City with respect to this transaction. I will attend the City Council meeting on April 23,2018,and can answer any questions that may arise during the meeting. Please contact me if you have questions regarding the foregoing. KENNEDY&GRAVEN,CHARTERED Julie Eddington 521264v1 JAE FR110-14 100 CITY OF FRIDLEY,MINNESOTA RESOLUTION NO.2018- RESOLUTION CONSENTING TO AND PROVIDING HOST APPROVAL TO THE ISSUANCE BY THE CITY OF ST. PAUL PARK OF ITS REVENUE BONDS WHEREAS, the City of Fridley, Minnesota (the "City") is a home rule charter city and political subdivision duly organized and existing under its charter and the laws of the State of Minnesota; and WHEREAS, pursuant to Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Act"), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to provide funds to finance or refinance revenue-producing enterprises located within the City, whether or not operated for profit, engaged in providing health care services, including, without limitation, hospitals and related medical facilities or to refund, in whole or in part, bonds previously issued under the authority of the Act; and WHEREAS, Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the governing body of the city in which the property is located consents by resolution to the issuance of such obligations; and WHEREAS, on December 30, 2013, the City issued its Health Care Facilities Revenue Note (BHS/Allina TCU Project), Series 2013 (the "Series 2013 Note"), in the original aggregate principal amount of $10,000,000, pursuant to the Act and Minnesota Statutes, Section 471.656, and loaned the proceeds thereof to PHS Interlude Fridley, LLC, a Minnesota nonprofit limited liability company formerly known as Benedictine Living Center of Fridley, LLC (the "Borrower"), whose members are Presbyterian Homes Care Centers, Inc. and Allina Health System, both Minnesota nonprofit corporations, for the purpose of financing a portion of a 50-bed transitional care facility (the "Fridley Facility") located at 520 Osborne Road NE on the Unity Hospital/Allina campus in the City, which is owned by the Borrower; and WHEREAS, the Borrower has requested that the City of St. Paul Park, Minnesota (the "City of St. Paul Park") issue revenue obligations, in one or more series, as taxable or tax-exempt obligations (the "Bonds"), in an aggregate principal amount not to exceed $26,000,000, for the purposes of, among other things, refinancing the Fridley Facility through the redemption and prepayment of the outstanding Series 2013 Note; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and regulations promulgated thereunder require that prior to the issuance of the Bonds,the City Council of the City (the "City Council") consent to the issuance of the Bonds by the City of St. Paul Park after conducting a public hearing thereon preceded by publication of a notice of public hearing (in the form required by Section 147(f) of the Code and applicable regulations) in a newspaper of general circulation within the City at least fourteen(14)days prior to the public hearing date; and WHEREAS, a notice of public hearing(the "Public Notice") was published at least fourteen (14) days before the regularly scheduled meeting of the City Council on the date hereof in the Sun Focus, the official newspaper of and a newspaper of general circulation in the City, with respect to the required public hearing under Section 147(f)of the Code; and 101 Resolution No. 2018 - Page 2 WHEREAS, on the date hereof; the City Council conducted a public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the following: (i) consent to the issuance of the Bonds by the City of St. Paul Park pursuant to the requirements of Section 147(f) of the Code and the regulations promulgated thereunder; and (ii)approval of the issuance of the Bonds by the City of St.Paul Park to refund the Series 2013 Note pursuant to the requirements of Section 469.155, subdivision 12 the Act; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: 1. The City Council finds that it is in the best interest of the City to approve the issuance of the Bonds by the City of St. Paul Park to refinance the Fridley Facility and hereby consents to the issuance of the Bonds by the City of St. Paul Park for the purposes set forth above in an amount not to exceed $26,000,000. 2. The City Council hereby approves and consents to the refunding of the City's Series 2013 Note. 3. The Mayor and City Manager and other officers, employees, and agents of the City are hereby authorized and directed to prepare and furnish to bond counsel and the original purchaser of the Bonds certified copies of all proceedings and records of the City relating to the approval of the issuance of the Bonds, including a certification of this resolution. 4. The Mayor and the City Manager are hereby authorized and directed to execute and deliver any documents deemed necessary to fulfill the intentions of this resolution. 5. The Borrower will, upon demand, reimburse the City for costs paid or incurred by the City in connection with this resolution. 6. This resolution shall be in full force and effect from and after its passage. Approved by the City Council of the City of Fridley,Minnesota this 23rd day of April,2018. SCOTT J. LUND—MAYOR ATTEST: DEBRA A. SKOGEN—CITY CLERK 102 AGENDA ITEM `#" CITY COUNCIL MEETING OF Fridley APRIL 23, 2018 Date: April 17, 2018 To: Walter T. Wysopal, City Manage From: Scott Hickok,Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: First Reading of the Ordinance for Rezoning, ZOA#18-02,for Pulte Homes and the City's Housing and Redevelopment Authority(HRA) REQUEST The petitioner, Paul Heuer, with Pulte Homes and the Fridley Housing and Redevelopment Authority, is requesting to have five parcels of land around the new Civic Campus rezoned from P, Public Facilities to S-2, Redevelopment District to ready the land for private development. Those five parcels of land include: Outlots Properties for Rezoning A, C, D, EandF. Although the development as proposed by Pulte Homes *AK. I only involves Outlots E and F, the HRA and City staff saw ( I I �,,. this as the right time to also rezone Outlots A, C and D as tr I I well. [� -- l rl.. PAST COUNCIL ACTION _ At the April 9, 2018, City Council meeting, a public• _ hearing was held for ZOA#18-02. Staff has sent the 60-day agency action letter to allow i the additional time needed to hold the first and second reading of the ordinance. I I IF +Ong ik J f.Y1 nr_7E PLANNING COMMISSION RECOMMENDATION i i asz t� At the March 21, 2018, Planning Commission meeting, a public hearing was held for ZOA#18-02 and the Commission recommended approval of the rezoning. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council hold a first reading for Rezoning Request,ZOA#18-02. The second reading is scheduled for May 14, 2018, unless otherwise directed by Council. 103 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated. SECTION 2. The tracts or areas within the County of Anoka and the City of Fridley and described as: Five parcels of land, generally located at 6911 University Avenue and unaddressed parcels to the north and east with Parcel Identification Numbers of: 113024340009, 113024340011, 113024340012, 113024340013, 113024340014 and; legally described as: PIN#113024340009 Oulot A, Locke Park Pointe PIN#113024340011 Outlot C, Locke Park Pointe PIN#113024340012 Outlot D,Locke Park Pointe PIN# 113024340013: Outlot E, Locke Park Pointe PIN# 113024340014 Outlot F, Locke Park Pointe Is hereby designated to be in the Zoned District S-2 (Redevelopment) SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District P(Public Facilities)to S-2 (Redevelopment). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF MAY, 2018. SCOTT J. LUND—MAYOR ATTEST: DEBRA A. SKOGEN—CITY CLERK Public Hearing: April 9, 2018 First Reading: April 23, 2018 Second Reading: May 14,2018 Publication: 104 AGENDA ITEM Fnat�y CITY COUNCIL MEETING OF APRIL 23, 2018 Date: April 17, 2018 To: Walter Wysopal, City Manag From: James Kosluchar, Public Works Director Jeffrey Jensen, Operations Manager- Streets and Parks Rachel Workin, Environmental Planner Subject: First Reading of an Ordinance Amending Chapter 104 Diseased Trees Related to Tree Management BACKGROUND The Fridley City Council approved the Emerald Ash Borer Mitigation Plan at the February 12, 2018 council meeting. This Plan was developed to proactively address the threat of emerald ash borer while preserving the benefits of Fridley's urban forest. The Plan was also intended to increase the resiliency of the City's urban forest against future, unknown pests by increasing tree species diversity. Execution of this plan is supported in City Code through Chapter 104 which was designed to respond to the removal of trees infected with Dutch elm disease and oak wilt. City staff have reviewed Chapter 104 alongside the regulation of other cities, state guidelines, and recommendations of the Arbor Day Foundation and identified areas to be updated. The goals of these updates are to: 1) Clarify goals of the City's tree management program 2) Clarify the City's definition of a public tree nuisances 3) Clarify the City's response to a public tree nuisance 4) Update licensing requirements 5) Update referenced statutes RECOMMENDATION Staff recommends that the City Council hold the first reading of an Ordinance Amending Fridley City Code Chapter 104 Tree Diseases. 105 ORDINANCE NO. • AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 104 PERTAINING TO TREE MANAGEMENT The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 104 related to tree management be hereby amended and ordained as follows: Chapter 104 is hereby amended as follows: FRIDLEY CITY CODE CHAPTER 104. DISEASED-TREE MANAGEMENTS (Ref.481,568,639,931, 1214) 104.01. DECLARATION OF POLICY The City Council of Fridley has determined that the health of the trees within the municipal limits is threatened by fatal tree diseases and pests. It is further determined that the loss of trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to maintain a resilient urban forest and control and prevent the spread of tree diseases and insects and this Chapter is enacted for that purpose. (Ref. 481) 104.02. FORESTER POSITION CREATED The powers and duties of the City Forester as set forth in this Chapter are hereby conferred upon the Super-ifitendent Director of Public Works and all designated representatives. It is the duty of the Forester to coordinate under the direction and control of the City Manager all activities of the City relating to the management of trees on City property and the control and prevention of tree diseases and insects that would threaten the integrity of the City's urban forest. The Forester shall recommend to the City Manager the details of the program for the control of tree di a ses-pests and pathogens and perform the duties incident to such a program adopted by the City Council. (Ref. 931) 104.03. PROGRAM It is the intention of the Council of Fridley to conduct a Management jprogram e€directed at the maintenance of a resilient urban forest and the control and elimination of tree diseases and hazards. . . . . . .. ,. • . . ,. . ., , /I: 3 MCAR 1.0109 1.0113 of the Rules and Regulations of the Minnesota Department of Agriculture. The City shall also have the right to plant, prune, maintain, remove and replace all trees, shrubs, and other plantings now or hereafter on properties controlled by the City including in any street. park, boulevard, public right-of-way or easement as may be necessary to ensure public safety or to preserve and enhance the city's urban 106 Ordinance No. Page 2 forest. _ - -. • .. .. .• .. . . -- - . . 104.04. NUISANCES DECLARED The following are public nuisances whenever they may be found within the City of Fridley: - _ -- . . _ . . ._ - . •-• .' . . . . . . .. . • • . . Q. - > .. , . . _ _ , . .. • - , , - Forester. (Ref. 931) - -- ., . . _ • -. .. _. •_ 1. 5. Any diseased or infested tree_ dead tree, or part thereof, including logs, branches, stumps, firewood, or other wooden material which has been determined to present a condition which endangers the safety or health of the public or urban forest and has not been treated-abated according to the prescription of the City Forester. (Ref. 931)_ 2. Any hazardous tree which is determined to have structural defects in the roots, stem, or branches that may cause the tree or part thereof to fail, where such failure may cause personal injury or property damage to a target. A "target" includes, but is not limited to, people, vehicles, buildings, and property, etc. Trees without targets are not considered hazards even if they are likely to fail and can be considered beneficial in habitat protection. 104.05. ABATEMENT It is unlawful for any person to allow a public nuisance as defined in Section 104.04 to remain on any premises owned within, or controlled by, the City of Fridley. Such nuisances may be abated in the manner prescribed by this Chapter. 104.06. INVENTORY,INSPECTION AND INVESTIGATION 1. The Forester or an agent thereof may inspect all premises and places within the City as often as deemed appropriate to determine any condition described in either Section 104.04 or 101.05 of this Chapter exists thereon. The Forester shall investigate all reported incidents of diseased-nuisance trees. (Ref. 931) 107 Ordinance No. Page 3 2. The Forester or an agent thereof may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this Chapter. 34. The Forester or an agent thereof shall make a field diagnosis according to generally accepted field diagnosis procedures. : , . ..._ . _ . . • .. . . .. a .. -. . - . .. .. - - 104.07. ABATEMENT OF NUISANCES In abating the nuisances defined in Section 104.04,the Forester or an agent thereof shall prescribe the wed-nuisance tree or wood to be evaluated,monitored, sprayed,root barriered, removed,burned or otherwise effectively treated so as to destroy eliminate ander e -er vector and prevent, as fully as possible,the structural defect and/or spread of tree diseases or pestss. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and procedures. 104.08. PROCEDURES FOR REMOVAL OF INFECTED TREES OR WOODS When the Forester or designee thereof finds that a public nuisance as defined in Section 104.04 exists in any tree or wood_in any public or private place in the City, the Forester shall: 1. On private property, notify the property owner in writing with a D ease 4a Nuisance Tree Abatement Notice. The property owner shall carry out any recommended abatement procedure(s) within thirty (30) days from the date of receipt of the notification unless a written extension is granted by the Forester. A. If the owner fails to follow the recommendation of the Abatement Notice within the designated time period, the Forester shall notify the property owner by-Min writing that the City will contract for the abatement of the public nuisance. The Forester shall then proceed to contract for the abatement procedures as soon as possible and shall report to the City Clerk all costs resulting from the abatement procedures carried out on such private property. The City Clerk shall list all such charges related to the City abatement administrative costs against each separate lot or parcel by September 15`h of each year as special assessments to be collected commencing with the following year's taxes. All assessments related costs shall be added to each assessment. (Ref 1214) 2. In the case of boulevard trees, defined as a tree growing within an improved a street or alley right-of-way or an street-easement that has been acquired for an existing improved street or alley, notices will be mailed to the owner of the abutting property as previously described in Section 104.08.1. However, the City shall abate any diseased nuisance boulevard tree at no cost to the property owner. If the property owner desires, the City will replace the tree with a bare root seleetiontree on the owner's property in the vicinity of the removed tree. (Ref. 931) 108 Ordinance No. Page 4 3. All assessments levied for the repayment of tree disease abatement costs may be repaid over a five year period designated by the City Council. Such assessments shall be levied under authority granted by Minnesota Statutes 429.101. 4. If the infected-nuisance tree is located on public land, the Forester shall transmit a similar notification including prescription to the city, county, or school fidelinist-Fatieeagency responsible for grounds maintenance of said property. Such Mien-nuisances onef public property shall be abated by the respective agent, according to the prescriptions . . . •_ : •_. 1 • Department of Agriculture, of the City Forester within.twee (120)—thirty �0) days�of notification unless a written extension is granted by the Forester. 104.09. PROGRAM RECORDS The Forester shall keep accurate records of the Dade Tree Di C tr l Management Program includingand- the costs of abatements ordered under this program. The Forester shall report to the Council all work done for which assessments are to be made stating and certifying the description of the land, lots, and parcels involved and the amount chargeable to each. . . ... . .' •. _.. - , „ . . •.. . . . _ Agriculture. (Ref. 931) 104.102, INTERFERENCE PROHIBITED It is unlawful for any person to prevent, delay or interfere with the Forester or agent thereof while they are engaged in the performance of duties imposed by this Chapter_ 104.112. LICENSE REQUIRED It shall be unlawful for any individual,partnership or corporation to conduct as a business the cutting, trimming, pruning, removing, spraying or otherwise treating of trees, shrubs or vines in the City without first having secured a license from a City to conduct such business. 104.124. LICENSE REQUIREMENTS 1. Application. Application for a license under this Chapter shall be made at the office of the City Clerk of the City. 2. Application Form. The application for a license shall be made on a form approved by the City which slams; includes: Business name and address; 109 Ordinance No. Page 5 Name and address of applicant; Business phone number; Number and type of vehicles; Type of state licenses and/or certifications applicant or employees have; and Any other information deemed necessary by the City Clerk for the license. 3. Liability Insurance. No license or renewal of a license shall be granted, nor shall the same be effective, until the applicant has filed with the City Clerk proof of a public-general liability insurance policy covering all operations of such applicant under this Chapter for the sum of at least one hused-thousandmillion dollars ($L007000,000) per occurrence and two million dollars ($2,000,000) annual aggregate _ .. •. . • . ,,.• •• , __ _ least ifs-one hundred thousand dollars 100• - - - and for atr ousan ($S ,000) against liability for damage or destruction of property. The City shall be named and the insurance provided shall include the City as an additional party insured. Said policy shall provide that it may not be cancelled by the insurer except after ten (10) days written notice to the City, and if such insurance is so cancelled and licensee shall fail to replace the same with another policy conforming to the provisions of this Chapter said license shall be automatically suspended until such insurance shall have been replaced. 4. Worker's Compensation Insurance. Each license applicant shall file with the City Clerk a Certificate of Insurance of Worker's Compensation when such insurance is required by State Statute. 5. Chemical Treatment Requirements. Applicants who propose to use chemical substances in any activity related to treatment or disease control of trees, shrubs or vines shall file with the City Clerk proof that the applicant or an employee of the applicant administering such treatment has been certified by the Agronomy Division of the Minnesota Department of Agriculture as a "commercial pesticide applicator"Such certification shall include knowledge of tree disease chemical treatment. 6. Minnesota Tree Care Registry All applicants must be registered with the Minnesota Department of Agriculture Tree Care Registry. 104.13f. FEES The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. 104.146. PENALTIES 110 Ordinance No. Page 6 Any violation of this Chapter is a misdemeanor and is subject to penalties provided for such violations under the provisions of Chapter 901 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 20. Scott J. Lund,Mayor ATTEST: Debra A. Skogen, City Clerk First Reading: Second Reading: Publication: 111 AGENDA ITEM ��f eCITY COUNCIL MEETING OF Fridly APRIL 23, 2018 To: Wally Wysopal, City Man,k4, From: Deborah Dahl,Director Community Services and Employee Resources Date: April 20,2018 Re: FRIDLEY COMMUNITY CENTER AGREEMENT DISSOLUTION Staff requests the City Council adopt the attached resolution dissolving the Fridley Community Center Cooperation Agreement(last amended Oct. 1,2012)with the Fridley School District ISD#14. BACKGROUND The City of Fridley and the Fridley School District has benefited from a long and successful collaboration and co-sponsorship of activities and events offered to the community for many years, including the use of public spaces,fields,facilities,buildings and grounds which are of mutual interest and maximize the spaces. In 1996,the City of Fridley entered into Cooperative Agreement with the Fridley School District for the specific use of this district-owned facility. Between 1997 and 1998,the City invested nearly$2 million in remodeling and expansion of a portion of the building now known at as the Fridley Community Center(FCC). The City has consistently utilized the FCC for senior programs,youth recreation programming,after- school activities,the Summer Rocks program,the Zone(teen center)as well as common rooms,gym and kitchen for city-wide events,occasional public meetings,and employee events. The City's annual operating costs for the City's portion of the building is approximately$105,000. In July of last year,the City was notified that the Fridley School District would be making major improvements to the building as a part of their final phase of referendum projects. The City learned the improvements would not only reduce the space currently used by the City,it would require the City contribute toward the costs of the renovation exceeding nearly$1.5 million under the current agreement. Construction would begin approximately June 11,2018 and continue through the summer. The list of non-routine maintenance and improvements provided in July of 2017 was significantly different than the list of improvement and timeline originally provided to the City back in 2015. The City had not budgeted for any capital improvements to the FCC nor has a reserve to handle the$1.5 million necessary under the current agreement and cost-share arrangement. Since notified of the school district's plans, staff has been reviewing the current agreement and utilization, and performed a thorough financial analysis,which included obtaining an independent appraisal by Nagell Appraisal Inc. for the City's share of the building and grounds to determine the current value. 112 RESULT With the goals of keeping positive relationships and finding workable solutions,the City and school district representatives met several times to consider alternatives and explore options. In discussion with staff and reviewing current space utilization, staff identified declining participation in Recreation participation numbers at the FCC,a duplication of programs,the retirement of the City's Senior Program Supervisor,and the lack of funding. The City had a difficult decision to make. It was mutually agreed that, following the retirement of the Senior Program Supervisor,the City would transfer the senior programs to Fridley Community Education Program at no cost since the offices and administration are already in place at the FCC and the participants would not need to be relocated.After transferring senior programs to the school district,the City would realistically only utilize approximately 10%of the upper portion of the FCC side of the building—significantly reducing the City's share. In the financial analysis,the City also determined that any costs they initially invested in the construction and improvement to the building and grounds had been fully depreciated. In addition, much of the work planned is considered maintenance and therefore not recoverable if the School District at any point found it necessary to terminate the agreement as a result of educational programming needs. Given the changes to programing,use of the building and the costs associated with the school district's improvement plans,the City concluded it would not be able to accept the costs or afford any improvements under the current arrangement. The City and school district met on March 26,2018 to discuss the dissolution of the current FCC Cooperative Agreement. The attached agreement is a result of those discussions and has been reviewed by legal counsel for both parties. The Fridley School District adopted the attached resolution at their school board meeting on April 17,2018. If approved,the agreement will be executed effective June 1,2018,and City staff and staff property will be vacated June 1,2018. It is important to note that the City and Fridley School District have and will continue to maintain a collaborative and productive relationship. The City is still able to use the FCC for programs and events and will be required to pay on a per-use basis in accordance with school district rental pricing. This agreement does not affect the Hayes Cooperative Agreement or other routine maintenance agreements that are currently in place. ACTION NEEDED: City staff is asking for Council to adopt the attached resolution terminating the amended and restated Fridley Community Center Cooperative Agreement. Finance Director Shelly Peterson and I will be available to answer any questions you may have at the April 23,2018 Council meeting. DKD Attachments 113 RESOLUTION NO. 2018 - RESOLUTION APPROVING TERMINATION AGREEMENT FOR THE TERMINATION OF THE AMENDED AND RESTATED FRIDLEY COMMUNITY CENTER COOPERATIVE AGREEMENT WHEREAS, the City of Fridley (the "City") and Independent School District No. 14 (the "District") are parties to that certain Amended and Restated Fridley Community Center Cooperative Agreement effective October 1, 2012, for the cooperative use and operation of the Fridley Community Center(the "Cooperative Agreement"); and WHEREAS, the Fridley Community Center (the "FCC") is owned and operated by the District; and WHEREAS, pursuant to the Cooperative Agreement both the District and the City currently operate programs and utilize space in the FCC and thereby share in the operating costs for the FCC; and WHEREAS, the City and the District have agreed to terminate the Cooperative Agreement effective June 1, 2018, and that no compensation is owed to either party as a result of this termination; NOW THEREFORE BE IT RESOLVED BY the Fridley City Council that: 1. The Termination of the Amended and Restated Fridley Community Center Cooperative Agreement is hereby approved. 2. District staff, officials, and attorneys are authorized to take all action necessary to effectuate the termination. 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 114 TERMINATION OF THE AMENDED AND RESTATED FRIDLEY COMMUNITY CENTER COOPERATIVE AGREEMENT This Termination of the Amended and Restated Fridley Community Center Cooperative Agreement (this "Termination Agreement") is made effective as of day of , 2018 by and between the City of Fridley, a Minnesota municipal corporation (the "City") and Fridley Public Schools, Independent School District No. 14, a Minnesota body corporate and politic (the "District") . RECITALS A. The City and the District are parties to that certain Amended and Restated Fridley Community Center Cooperative Agreement effective October 1, 2012 for the cooperative use and operation of the Fridley Community Center (the "Cooperative Agreement"), which superseded and replaced the Fridley Community Center Cooperative Agreement dated September 17, 1996. B. The Fridley Community Center (the "FCC") is owned and operated by the District. Pursuant to the Cooperative Agreement, both parties currently operate programs and utilize space in the FCC and thereby share in the operating costs for the FCC. C. Both parties have agreed to terminate the Cooperative Agreement pursuant to the terms and conditions in this Termination Agreement. AGREEMENT 1. The parties agree to terminate the Cooperative Agreement effective June 1, 2018 (the "Termination Date"). On June 1, 2018, the Cooperative Agreement shall no longer be in force or effective. The parties agree to waive the notice requirements set forth in Section 11.01 (3) of the Cooperative Agreement, and that this Termination Agreement shall constitute appropriate notice under the Cooperative Agreement. 2. The parties also agree that the termination of the Cooperative Agreement does not constitute a "Termination Without Cause" or a "Termination for Cause" under the Cooperative Agreement and that the City is not being displaced as set forth in Section 12.03 of the Cooperative Agreement. The parties agree that they will not exercise any other rights or remedies that may be available to them under the Cooperative Agreement and that no reimbursement to the City by the District for a portion of the fair market value of the FCC facility is required. The parties further agree that no other compensation is owed to either party as a result of this termination, including damage claims in Section 4.01, other than the operating costs to be paid by the City to the District for the month of May, 2018. The City shall not be required to pay operating costs for the month of June, 2018. 115 3. The parties agree that the right of first refusal given to the City in Section 11.04 of the Cooperative Agreement is no longer effective and that the City is not exercising any right of first refusal with respect to the FCC. 4. Any personal property remaining in the FCC after the Termination Date shall be deemed to be the personal property of the District. 5. Should the City need space in the FCC after the Termination Date, it may rent it from the District as a Class II tenant. The parties shall enter into a separate rental agreement for that space. 6. The parties agree that the responsibilities for non-routine maintenance in Section 4.02 of the Cooperative Agreement is no longer effective as of the Termination Date. IN WITNESS WHEREOF, the parties hereto have executed this Termination Agreement effective as of the day and year first stated above. CITY: DISTRICT: CITY OF FRIDLEY INDEPENDENT SCHOOL DISTRICT NO. 14 By: By: Scott J. Lund Mary Kay Delvo Its: Mayor Its: Board Chair By: By: Walter T. Wysopal Peggy Flathmann Its: City Manager Its: Superintendent 2 116 i� AGENDA ITEM by CITY COUNCIL MEETING OF APRIL 23, 2018 TO: Walter Wysopal, City Manag%rit PW18-025 FROM: Jon Lennander DATE: April 20, 2018 SUBJECT: Resolution Supporting a Master Plan Boundary Amendment for Anoka County Parks and Locke Park. The Fridley Civic Campus Project includes a new roadway to be known as Locke Parkway which is currently being designed. As a part of the development of the overall project, it was determined that a portion of Locke Parkway would need to be located within the boundaries of Locke Park due to size constraints of the Civic Campus site. In addition,the existing regional trail located on the Civic Campus site will be relocated as part of the Parkway construction. Anoka County Parks were contacted, and an agreement was reached on a revision of the park boundaries as a part of the Civic Campus Project and the relocation of the trail. This agreement allows for Locke Parkway to be constructed within the current Locke Park boundaries in exchange for a portion of the Civic Campus property to become part of Locke Park. The attached Figure shows the location of Locke Parkway inside the Park boundaries highlighted in blue. The Figure also shows the proposed patio home development by Pulte with the portion of the Civic Campus property that will become part of the regional park highlighted in green. Anoka County Parks will request a Master Plan Boundary Amendment from the Metropolitan Council. As a part of that request,Anoka County Parks has asked the City of Fridley for a Resolution of Support of the Master Plan Boundary Amendment. Staff recommends the City Council approve the attached resolution that supports the request to Metropolitan Council for a Master Plan Boundary Amendment for Locke Park. JXLfjxl Attachment 117 RESOLUTION NO. 2018- A RESOLUTION SUPPORTING THE MASTER PLAN BOUNDARY AMENDMENT FOR LOCKE PARK AND LOCKE PARKWAY WHEREAS,the City of Fridley has approved and currently constructing the new Fridley Civic Campus project; AND WHEREAS,the proposed Locke Parkway is a critical and important part of the Civic Campus project; AND WHEREAS,the existing Master Plan for the Regional Park known as Locke Park describes the boundaries of the Regional Park; AND WHEREAS,the proposed location of Locke Parkway is partially within the boundaries of Locke Park,and a portion of the Civic Campus property adjacent to the park will not be used for buildings or infrastructure; AND WHEREAS,The City of Fridley and Anoka County Parks have agreed to modify the Master Plan Boundaries of Locke Park in order to exchange these areas; AND WHEREAS,Anoka County Parks has requested a Resolution of Support for the Master Plan Boundary Amendment: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,MINNESOTA: 1. The council supports the request by Anoka County Parks to Metropolitan Council for a Master Plan Boundary Amendment for Locke Park in the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23rd DAY OF APRIL,2018. SCOTT J.LUND-MAYOR ATTEST: DEBRA A. SKOGEN-CITY CLERK 118 H E- 0 Z •r E- u v; O ° a ': ai i 0 0. f Q A g Id i sU 0 l R _za o ,. II \L (x2! dd .YX :) l1 1 / - 1 it -t --147,7-4I" PiL ' 1 1 1), S ,i/Y :, I " il Zil". ' I,. 4\. 41< !-1 r)/( I ; _ , 111 f ,,:/ r == i -1 I 1 I — - _ i. �" 14 Iliii; f I I�°_ c '(1 TTMIlliiaut, i►- --1-1 l; +i - j I iF it ti $ I i Ili' t iI I I riii!iiiTii�}T!'t-1 ` I ilii FJial - j 1 i� i� - -E r �y I 1 1,, 1,1twormir, ,.. -,,,,,4- - - •-, -., I - i _,j, ,, I. / t.--- - 1F i d kr:. \ a 1 = I 1.111 i rhino `) --4 ii 1 - - p li i I_. (3N 3flN34Y AlEN3414?I) , I /.Y 'ON AIT.K.M)!NOL+A stt1S 1 I Ii 1 1 119 rfj AGENDA ITEM CITY COUNCIL MEETING OF APRIL 23, 2018 INFORMAL STATUS REPORTS 120