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CCA 11/13/2018 °"`dley CITY COUNCIL MEETING OF NOVEMBER 13, 2018 Fri 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 (5:30 p.m.) 1. Energy Action Plan PLEDGE OF ALLEGIANCE. BOARD OF CANVASS MEETING Election results will be provided at the meeting. CITY COUNCIL MEETING PRESENTATION: Heart Safe Community Designation APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 1. City Council Meeting of October 22, 2018 1 - 9 OLD BUSINESS: 2. Second 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 #18-04, by Sherman Associates Development, LLC) (Ward 3) 10 - 15 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS (CONTINUED): 3. Second Reading of an Ordinance Amending Chapter 205 of the Fridley Zoning Code Pertaining to Exterior Storage (Text Amendment Request, TA #18-02, by the City of Fridley) (Ward 3) 16 - 21 NEW BUSINESS: 4. Receive the Minutes from the Planning Commission Meeting of October 17, 2018 22 - 31 5. Preliminary Plat Request, PS #18-04, by Sherman Associates Development, LLC, to Create Separate Lots for Each Portion of the Proposed Development, Generally Located at 6050 Main Street N.E. (Ward 3) 32 - 33 6. Approve Capital Project Grant Agreement Between the City of Fridley and the Mississippi Watershed Management Organization for Smart Salting Best Management Practices 34 - 47 7. Approve Memorandum of Understanding and Agreement for Federal Equitable Sharing for the Anoka-Hennepin Narcotics and Violent Crimes Task Force 48 - 61 8. Receive the Twin Cities Gateway Fiscal Year 2019 Annual Budget 62 - 65 9. Claims (182785 — 183028) 66 - 94 10. Business Licenses 95 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 3 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. ADOPTION OF AGENDA: NEW BUSINESS: 11. First Reading of an Ordinance Amending the City Code of the City of Fridley, Minnesota, by Repealing Chapter 3 Entitled "Personnel" in its Entirety and Adopting a New Chapter 3 Entitled "Personnel" 96 - 100 12. Resolution Approving a Transit Oriented Development Master Plan, TOD #18-01, by Sherman Associates Development, LLC, on Behalf of the Property Owner, the City of Fridley Housing and Redevelopment Authority, to Allow the Development of the Properties Generally Located at 6050 Main Street N.E. (Ward 3) 101 - 115 13. Resolution Authorizing Execution of Mutual Aid Agreement with Ramsey County Fire Chief's Association to Provide for the Automatic Dispatch of the Closest Emergency Response Unit Regardless of Jurisdictional Boundaries 116 - 123 14. Approve Traffic Control Signal Agreement Between the State of Minnesota Department of Transportation and the City of Fridley and Anoka for the East River Road Traffic Control Signal Replacement (Ward 3) 124 - 134 15. Informal Status Reports 135 ADJOURN. AGENDA ITEM iIBOARD OF CANVASS MEETING r. 'Fr�dIe NOVEMBER 13, 2018 TO: WALTER T.WYSOPAL,CITY MANAGER FROM: DEBRA A. SKOGEN,CITY CLERK DATE: NOVEMBER 12,2018 SUBJECT: NOVEMBER 6,2018 GENERAL ELECTION STATEMENT OF CANVAS A general election was held on Tuesday, November 6, 2018, to select candidates for the offices of Councilmembers Ward 1, 2 and 3. Attachment 1 is the Statement of Canvass for this election. State Law states that the City Council must canvass the results of the general election within 3 to 10 days of the election. I have included the total number of ballots cast in the City for this election,the total number of votes for each candidate, a true copy of the ballot, and the names of the election judges as required. There were a total number of 15,973 registered voters at 7:00 a.m. and 1,081 Election Day registrations for a total number of 17,054 registered voters. Of those registered voters, 11,875 cast a ballot in the City thereby giving the City a voter turnout of 70%for this election. Those individuals voting on Election Day at the precincts consisted of 81%of the turnout. Those individuals voting by absentee consisted of 19% of the turnout. These percentages are similar to that of the 2016 presidential election. The individuals elected are Tom Tillberry, Ward 1; Steve Eggert Ward 2; and Ann Bolkcom, Ward 3. Staff recommends a motion accepting and certifying the results of the election. s City of Fridley,Minnesota B. The total number of votes cast for Councilmember Statement of Canvass Ward 1 are as follows: General Election November 6,2018 Precinct Tom Tillberry Write-in Ward 1- 685 11 DECLARATION OF THE RESULTS THEREOF Precinct 1 A. The total number of ballots cast was: Ward 1- 727 9 Precinct 2 Ward 1- 768 21 Precinct Ballots Precinct 3 Ward 1-Precinct 1 999 Ward 1- 619 12 Ward 1-Precinct 2 1024 Precinct 4 Total Votes 2,799 53 Ward 1-Precinct 3 1144 Cast Ward 1-Precinct 4 918 Ward 2-Precinct 1 842 C. The total number of votes cast for Councilmember Ward 2-Precinct 2 764 Ward 2 are as follows: Precinct Steve Eggert Pam Reynolds Write-In Ward 2-Precinct 3 1259 Ward 2-Precinct 4 1224 Ward 2- 393 288 5 Precinct I Ward 3-Precinct 1 940 Ward 2- 345 259 11 Ward 3-Precinct 2 1338 Precinct 2 Ward 3—Precinct 3 628 Ward 2- 614 433 4 Ward 3—Precinct 4 795 Precinct 3 Ward 2- 519 419 8 Total Ballots Cast 11,875 Precinct 4 Total Votes 1871 1399 28 Cast Statement of Canvas General Election November 6,2018 D. The total number of votes cast for Councilmember Ward 3 are as follows: Precinct Ann Bolkcom Write-in Ward 3- 629 18 Precinct 1 Ward 3- 990 24 Precinct 2 Ward 3- 411 9 Precinct 3 Ward 3- 529 18 Precinct 4 Total Votes 2,559 69 Cast E. The following is a true copy of the ballot: CITY OFFICES CITY OF FRIDLEY COUNCILMEMBER WARD 1 (VOTE FOR ONE) O TOM TILLBERRY O Write-in COUNCILMEMBER WARD-2 (VOTE FOR ONE) O STEVE EGGERT O PAM REYNOLDS O Write-in COUNCIL MEMBER WARI3 (VOTE FOR ONE) O ANN BOLKCOM O Write-in Statement of Canvas General Election November 6,2018 F. The names of the Judges of the Election are as follows(Head and Assistant Head Judges are indicated by*or**): Ward 1 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Precinct 4 John Walther* Lynne Grigor* Jane Hosman* Norma Rust* Joe Westenfield** Jan Golden** Anne Reineck** Ann Hansen** Ann Bangen Heidi Burmis Jerald Bahls Mike Halloran Glenn Dobberstein Shirley Chapman April Carlson Wayne Howe Jewel Inouye Beverly Drewry Amelia Demulling Cynthia Schreiner Glen Middendorp Jacqueline Frogh Elaine Gunderson Susan Tienter Gwen Nawrocki Aaron Kurrell Melvin Kuehni Stephen Wallerius Paul Slesar Beverly Sax Lynn Nehring Judy Zerby Christina Veiner Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4 Teresa Hub* Don Findell* Randall Lohmer* Jackie Walther* Phyllis Hildreth** Tanya Plummer Provost* David Zerby* Maureen Zgutowicz** Donna Bahls Joan Clark Judith Condon Barbara Brooks Coreen Kennedy Kathy Garman Earl Hendricks Delores Ginthner Esther Kisch Mary Ann Hoffman Roberta Johnson Colleen Kennedy Judith McHugo Angela McShane Carolyn Manthei-Lund Joseph McHugo Jeraldine Miller Mary Simms Rachel Workin Bruce Pomerantz Jodi Toupal Salmah Youngmark Barbara Reiland Jerry Tienter Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Health Care Judges William Rust* Jeanine Nelson* Richard Nelson* Robert Rosman* Rick Nelson Brendan Bremener** Ron Thureen** Julann Delaney** Thomas Forsythe Norma Rust Kent Buell Angela Clarke Roger Nawrocki Schreen Hegdahl Roberta Collins Bee Davidson Alan Fiene Thomas Piersma Leah Howe Annie Leibel Kristin Eaton Margaret Greshik Elaine Pitezel Mark Jones Sally Hellman Katherine Jensen Jon Soule Peggy Price Janet Kothman Bonita Johnson Barbara Tollakson Donna Siedlecki Debra Strand William Linton Linda Yaeger Sara Rickaby • Statement of Canvas General Election November 6,2018 WE HEREBY CERTIFY THE ABOVE RESULTS OF THE GENERAL ELECTION HELD ON NOVEMBER 6,2018, ON THIS 13TH DAY OF NOVEMBER,2018. Mayor—Scott Lund Councilmember Ward 1—James Saefke Councilmember At Large—Robert L.Barnette Councilmember Ward 2—Dolores Varichak ATTEST: Debra A.Skogen,City Clerk Councilmember Ward 3—Ann R.Bolkcom CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 22,2018 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:02 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Varichak Councilmember Saefke Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Julie Jones, Planning Manager Jay Karlovich, City Attorney Dan Tienter, Finance Director/City Treasurer Enrico Williams, Kaas Wilson Architects APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 1. City Council Meeting of October 8,2018 APPROVED. NEW BUSINESS: 2. Resolution Adopting the Assessment for 2018 Utility Lateral Repair Project. ADOPTED RESOLUTION NO. 2018-53. 3. Resolution Designating Time and Number of Council Meetings for 2019. ADOPTED RESOLUTION NO. 2018-54. 4. Approve Proposed 2019 Development Review Schedule for Planning Commission, Appeals Commission, and City Council Action. APPROVED. 1 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2018 PAGE 2 5. Approve Encroachment Agreement for 6431 Seventh Street N.E. (Ward 1). Wally Wysopal, City Manager, stated this is an encroachment agreement for a privately-owned and maintained retaining wall to be constructed. APPROVED. 6. Appointments to Commissions. Mr. Wysopal stated they recommend the appointment of Elizabeth Showalter to the HRA with a term expiring on June 9, 2021; and Peter Borman to the Parks and Recreation Commission with a term expiring on April 21, 2021. APPROVED. 7. Claims (ACH PCard 1810; 182642-182784). APPROVED. 8. License. APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette adopting the proposed consent agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: No one in the audience spoke. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom adopting the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2018 PAGE 3 PUBLIC HEARING/NEW BUSINESS: 9. Public Hearing to Consider the Proposed Assessment for the 2018 Nuisance Abatement; and Resolution Adopting Assessment for the 2018 Nuisance Abatement. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and 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 7:04 P.M. Dan Tienter, Finance Director/City Treasurer, stated Minn. Ch. 429 authorizes municipalities to finance certain pubic improvements, including nuisance abatements, through special assessments against the properties that benefit from those improvements. Consistent with this statute, the City of Fridley has also adopted Chapter 128 of the Fridley City Code which also authorizes the City to recoup any costs associated with the abatement of exterior public nuisances. Mr. Tienter stated consistent with that process and those two laws, the City Council adopted the proposed assessment roll at its meeting on September 24. Shortly thereafter, staff mailed all of the statutorily-required proposed assessment notices to the impacted property owners. A public hearing notice was published in the official newspaper on October 5, and this evening we are holding the public hearing. Staff will be recommending Council adopt the proposed final assessment roll. Mr. Tienter stated for 2018, staff is recommending assessments against 26 properties, totaling approximately $19,000. Generally, these assessments are to recoup costs incurred by the City to administer and enforce certain sections of the Code. Similar to last year, special assessments will be applied for one year at an interest rate of 6.5 percent. The amounts of property and the value of the assessments are similar to 2017. Mr. Tienter stated during this public hearing the Council may consider any oral and/or written objections to the special assessments that have been presented in the assessment included in the Council's packet. It is important to note though that State Statute does require that no appeal can be taken as to the amount of the assessment unless a written objection is signed by the affected property owner filed other than before this hearing or presented to the presiding officer, in this case the Mayor. To date staff, has not received any such correspondence related to these special assessments. Mr. Tienter stated following this hearing, property owners may pay their special assessments interest-free for 30 days from the date of adoption. It is important to note that the Thanksgiving holiday does land on day 3, so the City will be accepting payments through November 26 as 3 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2018 PAGE 4 opposed to November 22. It is also important to note the City has authorized through Chapter 7 that an individual assessment may be paid in part, provided that it is at least half the assessment and it exceeds $100. Any remaining balance with all interest accrued from the date of adoption would then be certified to the County with next year's property taxes. Mr. Tienter stated staff recommends Council hold a public hearing and consider adoption of the nuisance abatement resolution. Councilmember Bolkcom asked if there were any changes. Mr. Tienter replied, yes. There is one less property. One of the affected property owners paid the assessment in full. MOTION by Councilmember Saefke to close the hearing. Seconded by Councilmember Barnette. Councilmember Bolkcom asked if they needed to check to see if anyone in the audience wanted to speak. Mayor Lund stated he would but he heard Mr. Tienter state that if they did not request it, they cannot speak. Mr. Tienter said they can file their objection to the assessment either before the meeting or during the public hearing itself. If they do file a formal objection, it has to be done in writing. Mayor Lund asked if there was anyone in the audience who wished to address the Council on their assessment. Mayor Lund stated since there was no response, a motion would be in order to close the public hearing. MOTION by Councilmember Saefke to close the 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 7:09 P.M. MOTION by Councilmember Saefke to adopt Resolution No. 2018-Adopting Resolution No. 2018-55 Adopting Assessment for the 2018 Nuisance Abatement. Seconded by Councilmember Bolkcom. Mayor Lund stated in looking at page 75 it seems there are 26 properties listed and there are 28 PIN numbers on page 76. 4 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2018 PAGE 5 Mr. Tienter said the notice was based on the proposed assessment roll. Following that notice one property owner did come in and pay. He said they would check the numbers. Councilmember Bolkcom asked what would happen if there was one on the list and Council adopted the resolution. Mr. Tienter replied they would have to reassess them through the process outlined in State law. They would have to go through the process again. Mr. Tienter said they could continue the public hearing at which time staff could confirm the resolution and then forward it to the Council. Councilmember Bolkcom stated they already closed the public hearing. Mayor Lund asked the City Attorney for his opinion. Jay Karlovich, City Attorney, said he thinks they could make a motion to reconsider the motion to close the public hearing right now. Councilmember Bolkcom asked why they could not reopen it, leave it, and continue it to the next meeting. They have some time to get this in? Otherwise, if they close it and do not open it up, they have to re-publicize it. Mr. Tienter replied, yes, that would be correct although they do typically certify the special assessments to the County by the end of November. If they waited one more month they would be within the 30-day period for the interest free payment. Mayor Lund stated so there would be no problem if they continue it. Mr. Tienter replied, there could be a complicating issue with the County in terms of the deadline they have for submitting the special assessments. Mayor Lund stated that is November and this is only the end of October. Mr. Tienter replied they have 30 days after the resolution is certified by the City Council to pay interest free. Mayor Lund stated Mr. Tienter also felt that the final assessment listed was correct. Mr. Tienter replied, yes. Mayor Lund stated he is comfortable to leave the public hearing closed. Councilmember Bolkcom stated if they adopt the resolution, if there is some discrepancy, they can bring back the other one. 5 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2018 PAGE 6 Attorney Karlovich stated if there is one they missed, it will probably get certified payable 2020 instead of 2019 which is not the end of the world. It would still accrue interest from whatever date they levy the assessment if one is missing. It is possible that somebody paid and they had two taxed parcels. Councilmember Bolkcom stated it seems to her they are better off passing the resolution now. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 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 #18-04, by Sherman Associates Development, LLC). Julie Jones, Planning Manager, stated this is their fourth rezoning request of the year. The petitioner is Sherman Associates. The petitioner is requesting having the property at 6050 Main Street which is the east Northstar Train Station, rezoned from "P" Public to S-2 Redevelopment District; and this rezoning would allow the development of the site into the development they are proposing. There are also two other land use applications this petitioner has made, but the City is holding those off until the rezoning is further along in the process so they keep everything on the same timeline track. Ms. Jones stated all of their land use items that are proposed are to allow the construction of a 267-unit mixed income transit-oriented multi-family residential development within three buildings: a 196-unit market rate building, a 100-unit senior market rate building, and a 71-unit affordable multi-family building. Ms. Jones stated at the September 19 Planning Commission, meeting a public hearing was held for this rezoning request. The Planning Commission requested approval of the rezoning, ZOA#18-04, with an additional stipulation regarding fencing along the southern boundary between Parsons Electric and the subject property. That motion was carried unanimously. Ms. Jones stated at the last City Council meeting they held a public hearing for this rezoning request, and the fence stipulation was further discussed. That fence stipulation has been reworded to instead strictly require a privacy fence Staff recommended a combination of fencing and landscaping and reworded Stipulation No. 7. Ms. Jones stated since that last Council meeting the developer and the neighboring business have discussed the fencing options. It is staff understands they are in agreement with what a solution can be and of course staff will be looking at that detail when they review the building permit application. Ms. Jones stated staff recommends concurrence with the Planning Commission on the approval of the proposed project and recommends that the City Council holds its first reading of the 6 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2018 PAGE 7 ordinance tonight. Unless otherwise directed staff will schedule the second reading of the rezoning ordinance for their next City Council meeting which will be on November 13. Councilmember Bolkcom asked because there was a fair amount of discussion about the fencing and the berming, do they have any idea what is happening. Ms. Jones stated per an e-mail that she saw and some updates from Stacy Stromberg today, it is her understanding they are looking at black-coated chain link fence combined with landscaping. She does not have the details yet on landscaping. Both parties seem to be satisfied with that. Enrico Williams, Kaas Wilson Architects, stated they did have some offline conversations with Parsons Electric and, when they say they are in agreement, they are both on the same page. They want to reduce the amount of traffic coming from Parsons Electric crossing over their property and making their way to transit. At the same time, they want to create and provide a safe environment for the residents of the multi-family building. It will be families. There will be a lot of traffic going in and out of Parsons Electric and it just made sense for everybody involved to have some kind of physical barrier that would reduce the amount of cross traffic. The exact details are still being worked out. The black coated chain link fence is one such option. The plan is they can grow some ivy on it to give it a little bit of greenage, a little bit of life; but at the same time they would like to explore other options. These answers will be provided in the drawings they submit for a building permit to be reviewed by City's zoning and staff. Mayor Lund stated he is happy to hear they are working with Parsons. Mr. Williams stated they would like to do what is best for everybody involved. They want to be good neighbors. Councilmember Barnette asked Mr. Williams if he had any idea when they would start any kind of construction. Mr. Williams replied, they are shooting for a spring start—April, 2019. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the first reading of the ordinance. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. First Reading of an Ordinance Amending Chapter 205 of the Fridley Zoning Code Pertaining to Exterior Storage (Text Amendment Request, TA#18-02, by the City of Fridley). Ms. Jones stated this is a first reading of an ordinance they are proposing relating to the exterior storage language that is in various sections of the Zoning Code, Chapter 205, of City Code. The purpose of this text amendment is to clarify some Code language staff really feels has contradicted itself. They have one paragraph that says the only thing you can store in your side FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2018 PAGE 8 or rear yard is neatly-stacked wood and a boat or a trailer or a non-motorized camper. Then they have another paragraph following that saying, well, you can store things as long as it is screened from public view. Staff felt it was the City Council's intent that the things listed in the first paragraph were the only things Council wanted to see stored in a yard. Ms. Jones stated the intent of this code really cannot be fully met with the phrase that is currently in the City Code that says, within view of the public right-of-way. That is the portion staff set out to remove. Complainants and staff and City Council have been frustrated with this limitation over the years. Ms. Jones stated they have tweaked this language over time. Ms. Jones stated there was a public hearing before the Planning Commission on August 15. That public hearing was continued, and the Planning Commission continued their discussion at their September 17 meeting where they proposed some revised language based on the input they had been given. A public hearing was held by Council on August 8. Ms. Jones stated staff has not made any changes in the text before them tonight, but they do have something they want to clarify. If they look at page 82 of their packet, the language that is underlined and proposed, Items 1(a), (b), and (c), there was some discussion at the last meeting and they were not quite sure what direction the Council wanted to go. Ms. Jones stated she wants to propose some language tonight on Item (b). Councilmember Bolkcom had recommended she thought it would be clearer if Item(b) would be divided into two paragraphs and two sentences. As she understands it, the suggestion was to instead state that private, outdoor recreational equipment currently being used or intended for use would be Item (b) and that they would have a new Item (c) that would be the second part of that sentence saying, "landscaping materials and machinery currently being used or intended for use on a current project within the premises." These now she should explain are items that are not prohibited in the Code. Item (c) listed there would become Item (d), the one about boats. Ms. Jones stated she wanted to check tonight to see if that was correct, because they wanted to make sure it was included in the second reading. There was another item they need to change based on what is before them tonight. That is in Section 4 related to R-4 zoning which is manufactured homes. Staff accidentally kept Item No. 3 crossed out to be removed from the Code, but they actually need that section referring to special use permits for outdoor storage to remain because Fridley Terrace manufactured home park is one park that does have a special use permit for its exterior storage or outside storage area where they allow everyone in the facility to store boats, campers, etc. in a designated area within the park. They are going to remove that crossed out language for the second reading. Councilmember Bolkcom stated actually that what the minutes reflect, she said it should be separated; but it has to be changed in every section here is what Ms. Jones is proposing and those changes would be made for the second reading. Ms. Jones replied, yes. 8 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22,2018 PAGE 9 Councilmember Bolkcom stated it just clarifies it because otherwise it is just a run-on sentence. Ms. Jones stated she thinks staff was just a little concerned about making the change because the language proposed here will be merged word for word into the City's code enforcement letters which they try to keep as brief and concise as possible. Councilmember Bolkcom asked Ms. Jones if she would go over the other proposed change. Ms. Jones stated on page 84 of their packet, a little bit below the middle of the page, subparagraph C(3), it is crossed out, "The City shall require a Special Use Permit for any exterior storage of materials." That needs to remain in the R-4 section of the Code. MOTION by Councilmember Bolkcom waive the reading of the ordinance and adopt the ordinance on first reading with the recommended changes presented by Ms. Jones. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Reports Mayor Lund asked Mr. Tienter if he had an answer to his question about the final assessment roll for the nuisance abatement. Mr. Tienter, replied he did have an opportunity to review the information and 26 is accurate. There was a second payment that was made so the 28 that is on the public hearing notice was accurate, two payments were made in the interim, and then the 26 were presented to the Council this evening. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Varichak,to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:38 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor 9 AGENDA ITEM full",„.°f CITY COUNCIL MEETING OF Fridley NOVEMBER 13, 2018 Date: November 7,2018 To: Walter T. Wysopal, City Manager From: Scott Hickok,Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Second Reading of the Ordinance for Rezoning, ZOA#18-04, Sherman Development Associates REQUEST Carole Mette, of Sherman Associates Development, LLC, is requesting three land use items to allow for the development of the property located at 6050 Main Street and the surrounding unaddressed parcels. This area is the current location of the Northstar Commuter Rail East Fridley Station. The three land use items are a Rezoning, a TOD Master Plan, and a Plat. These land use items will allow for the construction of a 267-unit mixed-income, transit-oriented, multi- family residential development to include a 96-unit market rate building, a 100-unit independent senior market rate building, and a 71-unit affordable multi-family building. At this City Council meeting, the second reading I - — 11. I of the ordinance will occur on the rezoning I 111/ request and the TOD Master Plan and Plat 5 mirequests will also be reviewed. i – t mgEr E ■ —11 UPDATES SINCE LAST COUNTIL MEETING111 = The petitioner has learned through the process 11 � of working through construction estimates with Jim 3 their contractor,that the cost per unit to (g • , �� building the Senior building was significantly " . zB =3 5 higher than the other two buildings. This is ,I1 ® l+ l r 7.1i' 1, dial primary due to the fact that it has a much larger - -21 W 1 171 'ME p f; footprint,which means an increase in concrete -i� �, � ' � i foundation and footings. As a result,the petitioner would like to modify the Senior building to increase it from a 3-storyI building to a 4-story building similar to the (' 1 others. This will reduce the size of the footprint I I of the building and increase the amount of green space. The number of units will increase from 100 to 103,which is mainly as result of design efficiencies and the number of total parking stalls will remain the 10 same. There will be a reduction of 36 underground parking stalls; however those 36 stalls have been added to the surface parking lot. (in the above illustration,the original building footprint is shown in gray and the new building footprint is shown in red.) As the Council is aware, staff commissioned a traffic study be completed prior to the hearing for the second reading of the rezoning ordinance. We received a copy of the study on 11/6/18 and have attached the Executive Summary for your review. Overall what it tells us is that the roadways and intersections will be acceptable with the expected traffic resulting from the proposed development. The recommendations that were given relate to making sure bicycle parking is accessible and available,that drop-off circles at each building are sufficiently signed and striped, and encouraging on-site loading/unloading occur outside of peak periods. PAST COUNCIL ACTION At the October 22, 2018, City Council meeting, the first reading was held for ZOA#18-04. At the October 8, 2018, City Council meeting, a public hearing was held for ZOA#18-04. Staff has sent the 60-day agency action letter to allow the additional time needed to hold the first and second reading of the ordinance. PLANNING COMMISSION RECOMMENDATION At the September 19, 2018, Planning Commission meeting, a public hearing was held for ZOA#18-04. The petitioner further described the project to the Commission and then the Commission heard from a few neighbors. The Planning Commission then recommended approval of rezoning, ZOA#18-04, with the stipulations as presented by staff with an added stipulation requiring the petitioner to install a privacy fence along the southern boundary between Parson's Electric and the subject property. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council hold a second and final reading and adopt the ordinance for Rezoning Request, ZOA#18-04. If the second reading of the ordinance is approved, staff recommends the following stipulations: 1. The property shall be developed in accordance with the site plan submitted for "Fridley Station Village",page#C2-1, by Loucks, dated 11/8/18. 2. The exterior building elevations shall be developed in accordance with the architectural exterior elevations sheets submitted by Kaas Wilson Architects. 3. The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code c. The City's Engineering department — related to grading, drainage, storm pond maintenance agreement, utilities, and utility connection fees d. The City's Planning department—related to landscaping, signage, and the TOD Overlay Zoning District e. The Mississippi Watershed Management Organization 4. All lighting in the development shall be shielded and downcast. Lighting shall be provided through free-standing lighting that adequately illuminates the sidewalk. 5. All crosswalks shall be installed using a colorized pavement pattern when connecting the sidewalk on each side of a driveway. All connections shall be accessible. 11 6. If the square footage of the footprint of any of the buildings proposed changes by more than 10% at that phase of the development, an S-2 master plan and TOD master plan amendment shall be required. 7. A combination of fencing and landscaping shall be installed along the southern property line of the subject property where the Parson's Electric parking area exists, to discourage pedestrian traffic and use of parking from the residents of the new development. Design shall be reviewed and approved by City staff prior to installation. 12 U Qg ., ne,,'�f ij 1,i,,-k d ; e Nfs {f,1{<ff{ pNV7 a:Lmi `; a' 1€ ;Irf al±lf{} d Ty Li ,d §iefl a'.^.C3 .3V.... g p ' 01111 III I I li 1 i s 1 b ;11p ;.',2„8a 24-!;!! ��No♦:I••r � 11s�t � @ � � E�.� Lz5 j1I 'L ��affaf1 4g - e � all{a��i11 Illilliijfl,llIlii, -11 i 1444 . a qpa� OY ii o ii E .is,_ xi F 1§Nx'l 81 7...g y8 C�$ di A 5 C t C 4 $NoC x X Lid yt yXi ! 4? F G G G k G F : e 1 8- g V E 7q8 F =a CCF<5 syt l < g g g g Y z 2 ..-.a . y . 4 t,1 1 w1 =z . 3N HO — 3N 133131S NIVNd £LIN1a1 w . F` m�f, ids - Z .ii 1.11., A } '- I. *1 :, I (D , 1:;:;1) al 144_, „,i._1 . 1 ,.. ___ 7 I, ;, I I I:I • - 1 i : , '--h!::.., ; ,....._41r ,( ."."- )\ 311123V1S ., - rR715.- 4.--.•"'..5*;_ • ar L ._ il __.# LI ! NI. i•.'". • 'ONI OVOH1Iba 33 V1Nas N83HIHON No1ONllane_. --- ----„----- - 13 Executive Summary Background: A residential development, known as Fridley Station Village, is proposed on the southwest corner of the 61st Avenue NE/Main Street NE intersection in Fridley, Minnesota. The purpose of this study is to determine the traffic impacts associated with the build out of the proposed development on the study roads and intersections where significant impact is anticipated. Results: The principal findings of this study are: • The proposed development is expected to generate 1,074 new trips during an average weekday, 69 new trips during the a.m. peak hour and 96 new trips during the p.m. peak hour. • All study roadways and intersections are forecast to have acceptable queues and delays with the addition of traffic from the proposed site. • The proposed site plan removes one curb cut on Main Street and adds two curb cuts on 61st Avenue. • The existing Metro Transit parking lot has about 40 occupied parking spaces during an average day, which is well within the proposed reduced lot size of 80 parking stalls. • Adequate vehicle parking will be provided on site per Fridley Zoning Code. The market rate apartment building may have slightly more vehicle parking demand than capacity on peak periods during weekdays in which case overflow parking can be accommodated in the surface parking areas for the other residential buildings. Recommendations: The following items are recommended based on the analyses contained in this study: • Provide at least 19, and ideally significantly more, bicycle parking spaces. • Accentuate the bicycle parking with bicycle maintenance station(s), highlighting bicycle travel as a viable option. • Ensure sufficient sidewalk width for pedestrians in any patio seating areas. • Design, sign and stripe the drop-off circles at the market rate apartment building and affordable housing building for two-way operations on the western side of the circles and one-way operations on the eastern side of the circles. • Encourage on-site loading/unloading to occur outside of the peak periods (7:00 to 9:00 a.m. and 4:00 to 6:00 p.m.). Traffic Impact Study CONSULTING Fridley Station Village • 14 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 6050 Main Street with Parcel Identification Numbers of: 223024110020,223024110021,223024110022,223024110023, 223024110024 and; legally described as: • Lots 1, 1A, 2, 2A, and 3, Fridley Northstar Station East,Anoka County, Minnesota. Are hereby designated to be in the Zoning District of 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 Zoning District P(Public Facilities)to S-2 (Redevelopment). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF NOVEMBER, 2018. SCOTT J. LUND—MAYOR ATTEST: DEBRA A. SKOGEN—CITY CLERK Public Hearing: October 8,2018 First Reading: October 22, 2018 Second Reading: November 13, 2018 Publication: 15 AGENDA ITEM Law CITY COUNCIL MEETING OF NOVEMBER 13, 2018 Date: November 7, 2018 To: Walter T.Wysopal, City Manager�� From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Subject: Second Reading of Text Amendment,TA#18-02, Regarding Exterior Storage BACKGROUND Current language related to residential exterior storage in the Fridley Zoning Code is contradictory and confusing for property owners. In one part it states that nothing but stacked firewood can be stored outside in the side or rear yard, but in another part it implies that anything can be stored outside as long as it is screened from view of the public right of way.Of course, property owners are allowed to have lawn decorations, barbeque grills, and recreational equipment in their yard.The difficulty staff has experienced is when someone has a lot of junk in their rear yard, but they have the entire yard screened from view of the street. Problems arise when the adjoining neighbors have view of the junk-filled yard from upper level windows and patios. Most residents expect that they should not have to live next door to such public nuisances.While it does not occur often, when such a rear yard junk yard is brought to staffs attention, neighbors get very frustrated when the current City Code does not permit staff to correct the problem. Staff has worked through the details of the proposed code language with the Planning Commission and the City Council, who each listened to testimony about the proposed changes.The proposed text changes in the attached ordinance have been modified since the first reading.The previous item (b)was split into(b) and (c)for further clarification.The special use permit option for an exterior storage area in R-4 districts was also changed to remain in that Zoning Code section.Also, an error in some crossed-out language being left in the first reading's ordinance draft has been corrected.These changes are highlighted in yellow on the first page of the ordinance for easy review. PAST COUNCIL ACTION At the October 8, 2018, City Council meeting, a public hearing was held for TA#18-02. Public comment was received. On October 22, 2018, City Council held the first reading of the ordinance. PLANNING COMMISSION RECOMMENDATION The Planning Commission held a public hearing for TA#18-02 on August 15, 2018. The hearing was continued to September 17, 2018, so staff could propose more descriptive language. Following modifications,the Planning Commission unanimously recommended approval of TA#18-02. 16 STAFF RECOMMENDATION City Staff recommends that the City Council hold the second reading of the ordinance for Text Amendment.TA#18-02 on November 13, 2018. If approved,the ordinance will be incorporated into the Fridley Zoning Code 15 days following publication. 17 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY ZONING CODE PERTAINING TO EXTERIOR STORAGE The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: Section 1: That Section 205.07.6.0 of the R-1 Section of the Fridley City Code be hereby amended as follows: C. Exterior Storage. (1) Nothing shall be stored in the required front yard, with the exception of boats, non motorized camping trailers, and utility trailers provided they are located on an approved hard surface and no portion of said trailer extends closer than 15' to the back of the curb. In no case shall said trailer encroach on the public right of way. (Ord 11-64) (1) All exterior storage of materials, equipment and vehicles in the R-1 Zoning District is prohibited except as permitted as follows: (a) Split and neatly stacked firewood in the side or rear yard. (b) Private outdoor recreational equipment currently being used or intended for use within the premises. (c) Landscaping materials and machinery currently being used or intended for use on a current project within the premises. (d) Boats, non-motorized camping trailers, and empty utility trailers in the side or rear yard. Boats, non-motorized camping trailers, and empty utility trailers stored in the front aide or rear yard are net required to be located on a hard surface drive and must be setback at least 15 feet from the back of the street curb. (Ord 1164) visible from any public right of way for stacked firewood in the side or rear yard. are not required to be located on a hard surface drive. (Ord 1161) except for C (1) and(2)above. (Ord 1161) 18 Section 2: That Section 205.08.6.0 of the R-2 Section of the Fridley City Code be hereby amended as follows: C. Exterior Storage. (1) Nothing shall be stored in the required front yard. (1) All exterior storage of materials, equipment and vehicles in the R-1 Zoning District is prohibited except as permitted as follows: (a) Split and neatly stacked firewood in the side or rear yard. (b) Private outdoor recreational equipment currently being used or intended for use within the premises. (c) Landscaping materials and machinery currently being used or intended for use on a current project within the premises. (d) Boats, non-motorized camping trailers, and empty utility trailers in the side or rear yard. Boats, non-motorized camping trailers, and empty utility trailers stored in the front side or rear yard are required to be located on a hard surface drive and must be setback at least 15 feet from the back of the street curb. (Ord 1164) placed in the side yard. except for B(2) above. Section 3: That Section 205.09.7.0 of the R-3 Section of the Fridley City Code be hereby amended as follows: C. Exterior Storage. (1)Nothing shall be stored in the required front yard. (1) All exterior storage of materials, equipment and vehicles in the R-1 Zoning District is prohibited except as permitted as follows: (a) Split and neatly stacked firewood in the side or rear yard. 19 (b) Private outdoor recreational equipment currently being used or intended for use. (c) Landscaping materials and machinery currently being used or intended for use on a current project within the premises. (d) Boats, non-motorized camping trailers, and empty utility trailers in the side or rear yard. Boats, non-motorized camping trailers, and empty utility trailers stored in the front side or rear yard are net required to be located on a hard surface drive and must be setback at least 15 feet from the back of the street curb. (Ord 1164) (1) All materials shall be kept in a building or shall be fully scrccncd, so as not to be (2) The City shall require a Special Use Permit for any exterior storage of materials. Section 4: That Section 205.10.6.0 of the R-4 Section of the Fridley City Code be hereby amended as follows: C. Exterior Storage. (1) All exterior storage of materials, equipment and vehicles in the R-4 Zoning District is prohibited except as permitted as follows: (a) Split and neatly stacked firewood in the side or rear yard. (b) Private outdoor recreational equipment currently being used or intended for use within the premises (c) Landscaping materials and machinery currently being used or intended for use on a current project within the premises. (d) Boats, non-motorized camping trailers, and empty utility trailers in the side or rear yard. Boats, non-motorized camping trailers, and empty utility trailers stored in the front side or rear yard are not required to be located on a hard surface drive and must be setback at least 15 feet from the back of the street curb. (Ord 1164) visible from any public right of way. (-2) (2) The City shall require a Special Use Permit for any exterior storage of materials. 20 Section 5: That Section 205.23.7.B of the S-1 Section of the Fridley City Code be hereby amended as follows: C. Exterior Storage. (1) All exterior storage of materials, equipment and vehicles in the S-1 Zoning District is prohibited except as permitted as follows: (a) Split and neatly stacked firewood in the side or rear yard. (b) Private outdoor recreational equipment currently being used or intended for use within the premises. (c) Landscaping materials, and machinery currently being used or intended for use on a current project within the premises. (d) Boats, non-motorized camping trailers, and empty utility trailers in the side or rear yard. Boats, non-motorized camping trailers, and empty utility trailers stored in the front side or rear yard are net required to be located on a hard surface drive and must be setback at least 15 feet from the back of the street curb. (Ord 1164) visible from any public right of way except for stacked firewood, boats and trailers placed in the side yard. (3) The City shall require a Special Use Permit for any exterior storage of materials, ccpt for B above. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 201_. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: October 8, 2018 First Reading: October 22, 2018 Second Reading: November 13,2018 Published: 21 PLANNING COMMISSION MEETING October 17,2018 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMBERS PRESENT: David Kondrick, Mark Hansen, Leroy Oquist, Mike Heintz, David Ostwald, and Rachel Schwankl MEMBERS ABSENT: Brad Sielaff OTHERS PRESENT: Julie Jones,Planning Manager Rachel Workin,Environmental Planner Approval of Minutes: September 19,2018 MOTION by Commissioner Oquist to approve the minutes. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. RECEIVE MINUTES FROM OTHER COMMISSIONS: 1. Receive the minutes of the September 10,2018,Parks and Recreation Commission. MOTION by Commissioner Heintz to receive the minutes. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Receive the minutes of the September 11, 2018, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Hansen to receive the minutes. Seconded by Commissioner Schwankl. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the August 2, 2018, Housing and Redevelopment Commission Meeting. MOTION by Commissioner Oquist to receive the minutes. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: 1. Approve 2019 Planning Commission meeting dates. 22 Planning Commission Meeting October 17, 2018 Page 2 of 10 MOTION by Commissioner Oquist to approve 2019 Planning Commission meeting dates. Seconded by Commissioner Schwankl. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. City of Fridley Energy Vision,Mission and Goals. Rachel Workin, Environmental Planner, stated she is here to share an energy action plan for Fridley. This plan came about during the comprehensive planning process. One of the requirements for the comprehensive planning process was for the City to evaluate ways to improve its resiliency against climate change. This included both decreasing the City's greenhouse gas emissions as well as improving its ability to respond to potential impacts from climate change. Ms. Workin stated during the comprehensive planning process, they also received numerous questions from citizens regarding what is the City doing to reduce its energy use and greenhouse gas emissions. They started thinking about the plan they would take, the steps they would take to achieve those goals, and it is a really big question. "What goes into the energy they use involves a lot of different factors?" is a really data-heavy question. There are so many different ways it could go. Ms. Workin stated when thinking about the best way for the City to develop an energy plan, they looked to see if there are any existing programs that might be able to help and found a really good fit through Xcel Energy's Partners in Energy Program. This is a community-based collaboration in which Xcel helps communities develop community-specific energy action plans. Ms. Workin stated Fridley is one of over 30 communities who have participated in this program, and each city comes out with a different plan. Fridley applied for this program in the spring of this year and was accepted along with a cohort that included the cities of Hastings and Red Wing. Ms. Workin stated when wondering why do cities need to develop energy action plans, there is both the global perspective and that it is being increasingly acknowledged these are questions often best answered at the local level but also from the local perspective that energy-efficient buildings have higher resale value and often are more comfortable to live in. Especially in the industrial side they tend to be safer work environments because of improved lighting. Ms.Workin stated she is going to share a little bit as to how they developed the Energy Action Plan and then request the Planning Commission make a motion to recommend the plan to the Council for formal approval. This plan comes to them upon the recommendation of the City's Environmental Quality and Energy Commission which has reviewed the same information they are seeing tonight. Ms. Workin stated as to the Partners in Energy Program is offered through Xcel, it is a two-year collaboration intended to develop and implement energy planned goals. Xcel provides the goals and resources to enable community-driven and data-driven energy planning with the help of the group, the Center for Energy and Environment. They analyze the City's energy usage and look at its priorities through a six-month planning process which they are just wrapping up. Once this plan that has been developed as a result of this planning process is approved, Xcel Energy will assist the City with 18 months' worth of implementation to help assure the goals they have established have been reached. 23 Planning Commission Meeting October 17, 2018 Page 3 of 10 Ms. Workin stated the Energy Action Plan was developed over a series of five workshops. The workshops involved a diverse group of citizens, commissioners from the Environmental Quality and Energy Commission, institutional representatives, City staff, and members of the business community. They met at five workshops facilitated through Xcel and the Center for the Energy and Environment. They helped staff develop the vision, mission, and goals they will see as well as the strategies that are outlined in the plan. Ms. Workin stated the Energy Action Plan has been reviewed by the Energy Action Team as well as Xcel and Centerpoint Energy has also been participating as the City's gas provider. It was approved by the Environmental Quality and Energy Commission on October 9. Upon approval tonight it will go the City Council for formal approval, upon which time the work, plan, and memorandum of understanding to implement the plan will be approved; and they can get started with implementation. Ms. Workin stated when deciding what the City's energy goals would be, they first looked at the City's baseline energy use. While the majority of the City's electrical and gas customers are residential units, the biggest energy gas users are definitely from the industrial and commercial sector as they can see before them. Ms. Workin stated they also looked at what the average annual cost that residents, businesses, and the municipality are spending per premise. The average Fridley resident is spending $771 per year on electricity and $677 on gas. That number is even higher with the business properties which on average spend $20,000 per year on energy costs. That is a pretty heavy number which really emphasizes if the City can get energy costs down, it can save a lot of money. Ms. Workin stated they looked at how residents are participating in Xcel's existing conservation programs. These are programs Xcel offers to help residents lower their energy costs at home and take some of the pressure off of those energy bills. There are a lot of opportunities to increase participation in these programs especially within low-income programs and the Fridley's Home Energy Squad which the HRA supports in an existing program with Xcel. Ms. Workin stated they looked at commercial program participation and found a lot of opportunities to increase participation in those programs as well which will provide the commercial properties opportunities to save on their energy bills. Ms. Workin stated Xcel also looked at participation in renewable energy programs such as the Windsource Program which allows residents and businesses to subscribe to wind-powered energy, community solar gardens, and on-site solar permits. They found there are also opportunities to increase participation in those through increased awareness. Based on that data they were guided and through a series of workshops developed energy goals. Ms. Workin stated the group came up with the energy vision that the City of Fridley will continue leading by example and engaging residents, businesses, and institutions to save money and reduce greenhouse gas emissions for the benefit of everyone in the program. With the mission Fridley will continue improving upon its values of being a safe, vibrant, friendly, and stable home for families and businesses by increasing sustainable, renewable energy in the grid, strengthening energy-efficient practices and participation, and supporting innovative strategies and technologies to achieve Fridley's energy vision. 24 Planning Commission Meeting October 17,2018 Page 4 of 10 Ms. Workin stated the Energy Action team wanted to pay particular attention to be inclusive within its goals and pay particular attention to maintain affordability and the high quality of living within the City of Fridley. . Ms. Workin stated the community-wide goal the group set for the City was to reduce community energy use 5 percent by 2020 compared to business as usual and 20 percent by 2030. They determined the City would achieve this by focusing on four focus areas: the residential sector, the commercial sector (which includes businesses and multi-family buildings), institutions,and transportation and electric vehicles. Ms. Workin stated they established the following goals for 2020 which involve Fridley residents taking an additional 1,200 actions towards energy conservation and renewable energy which would include not only onsite solar but also subscription to Xcel programs such as Windsource and Renewable Connect that allow residents to use alternative energies to power their home; that Businesses and multi-family buildings will achieve 5 percent energy savings; that institutions will achieve 5 percent savings; that the City will conduct an outreach campaign to raise awareness about electric vehicles with the goal of reaching 500 residents and individuals who work in Fridley; that they will reach 10 businesses and multi- family buildings through a targeted outreach campaign to encourage installation of charging infrastructure; and that the City would install one electrical vehicle charging station at a City-owned building or location. Ms. Workin stated by 2030 the plan establishes the following goals which are that Fridley residents will reduce total energy use by 10 percent compared to business as usual, that businesses and multi-family buildings will reduce total energy use 20 percent compared to business as usual, and that institutions will reduce energy use 15 percent compared to business as usual. Ms. Workin stated they established a variety of strategies to achieve these goals. The plan goes into further detail but the primary ones including conducting community-wide marketing campaigns; integrating energy efficiency language into existing City points of communication with particular emphasis on the development process; partnering with schools, worship facilities and other institutions to reduce energy use; creating and distributing information and marketing materials to targeted property owners; leveraging existing events; and enlisting (?) communication channels to educate and raise awareness; conducting door-to-door and direct outreach to targeted groups; demonstrating City leadership in reducing energy use in City facilities; and identifying ways to reduce energy use and water treatment plans located throughout the City of Fridley. Ms. Workin stated, what would be the impact of this plan? Based on Xcel's modeling the 5 percent reduction in energy use by 2020 will result in a combined energy savings of $3 million for residents, businesses, and institutions. Participating households are estimated to save an estimated $52 a year on energy bills. They are also estimated to reduce energy use 14 percent by 2020 so they are going to have to do some ongoing adjustment to hit that overall goal of 20 percent by 2020. This will result in a total of 30 percent reduction in greenhouse gas emissions by 2030. They are seeing a very significant economic and ecological benefit as a result of this plan. Just as a co-benefit they are anticipating in new partnerships and active engagement in the community as a result of the outreach. Ms.Workin presented a graph showing a little bit more of the breakdown of the impact on the focus area goals and energy savings. One line represented business as usual which showed that energy use is expected to increase because of increased population by 2030; however, based on the energy savings, they would be achieving a 14 percent reduction in energy use. A similar graph showed the impact on 25 Planning Commission Meeting October 17, 2018 Page 5 of 10 greenhouse gas emissions but also showed the added impact on Xcel using more and more alternative energies within their own electric supply. Ms. Workin stated, how will the City implement the strategies that she outlined for them? They will be relying heavily on the Partners in Energy tool box. As participants in the program, they will have access to a lot of technical resources and direct support from Xcel and the Center for the Energy and Environment including marketing communication support, data tracking and measurement, program expertise, and project management. They are able to really tailor what they can offer based on the strategies the City puts in its plan. Ms. Workin stated the City will be signing an MOU with Xcel that outlines the City in further detail what the City's responsibility will be to act as a main point of contact during implementation, engaging staff from all departments to support energy on conservation, promoting energy efficiency and awareness at City events and communication channels, and leading by example. They will also be relying on members of the Environmental Quality and Energy Commission to help with outreach, especially within targeted groups and their network. Chairperson Kondrick stated the public utilities commission in the City's area meets once a year and they discuss if they should allow Xcel to raise rates and it is usually about 3 or 4 percent, sometimes higher. He asked whether those possibilities, the increase in cost of electricity, come into their plan for reducing costs? Ms. Workin replied, that is a really good question. She would need to check the assumptions to see if Xcel included any projected price increases. Chairperson Kondrick stated assuming that all of them buy electric cars. You have to plug them in somewhere. Who pays for the plugging in deal? Is that factored in? He knows the movement is for electric vehicles, but the consumer has to pay for that. Xcel Energy has to produce more energy and they have to charge more because more folks are using it and they can because more folks are using it. He asked whether that part of the equation has been put into their estimates? Ms. Workin replied for consumers who are looking to purchase an electric vehicle, there are some models out there, and they would really encourage them to look at the comparison of the cost increase of added electricity consumption compared to savings on fuel and oil changes and things like that. The potential cost savings or cost increase of an electrical vehicle is going to be dependent on how long you keep the car, what type of car you drive, and how you drive it. Part of their outreach will include information about those factors to help people decide if an electrical vehicle is right for them. One thing the City is doing right now is participating in a study through Fleet Karma that is paid for by Xcel. In 20 vehicles in the City's fleet there are currently data loggers that are tracking how many miles the cars are driven and how they are driven, and then Fleet Karma will use that information to develop a study which will inform the City that if they were to replace those vehicles with an electric vehicle what sort of cost savings they might expect. Ms. Workin stated when they look at the energy savings and the reduction in greenhouse gas emissions of electric vehicles, another important thing to think about is the diversification of our electric grid. As a result of a State of Minnesota policy, our electric grid is becoming more and more reliant on alternative fuels which will then reduce the amount of greenhouse gas emissions produced by cars that are relying on 26 Planning Commission Meeting October 17, 2018 Page 6 of 10 that electric gid as compared to traditional fuel sources. Those are all really important things to keep in mind. Commissioner Schwankl stated Ms. Workin did not go into single-family residences a lot and she realizes that is because the impact is so much smaller but obviously they make up a great deal of the residents. She asked whether there will be programs or ideas or anything targeting single-family? Ms. Workin replied it is true the City's overall greenhouse gas emission and electricity and energy spending by single-family is a smaller portion than institutional; however, for those of us who pay electric bills it is something you think about every month. For many families it is a cost that can be a real stressor and is definitely an equity issue because everybody has to use energy. Energy use disproportionately affects lower-income residents so our strategies do focus on outreached, targeted residents who may be more vulnerable to the high cost of electricity compared to their spending ability. The City does have a really great program in place that subsidizes the cost of the home energy squad visits. This is a really good intro program if you are looking at how to save energy at home. For $50 Fridley residents can participate in this program where someone will come to your house and do a complete energy audit. They switch out your light bulbs, they install weather stripping, a programmable thermostat, etc. There are a whole slew of goodies when you sign up for that program, and they really encourage everyone to take advantage of that. Through a program with the HRA it is only $50 for Fridley residents, and you will get over $200 of free materials as part of that in addition to the ongoing reduced cost of your energy bill. Also, participating in that program could be free for qualified residents as well. They will really be working on promoting those programs to the residents through existing communication channels as well as within the building permit process. If you are calling the City because you need a permit to replace some part of your electrical system, you are getting information on Xcel rebate programs at that time as well. Chairperson Kondrick stated one of the problems that cities face is, for example, with water consumption. If it is curtailed, which is a good thing you would think, then when a lot of people do that the City that charges as we do for the gallonage it uses all of a sudden they find they are not charging enough money to be able to pay for itself. His fear is you conserve like crazy, and then Xcel says, they are not making enough money, everybody is cutting back, and they have to raise rates. They cannot afford to pay all the employees, etc. He asked whether the staff is aware of that? Ms. Workin replied,yes. Chairperson Kondrick asked, what did the research people and the Energy Commission people, etc., find as to how does Fridley's concerns differ from people in Red Wing and Hastings? How are the ideas Ms. Workin shared with them this evening different? Did they find any that were better than Fridley's? Ms.Workin replied,no one is better. Commissioner Hansen stated he had the opportunity to participate as part of this planning process, they did spend a lot of time considering the specific needs of Fridley residents as well as the businesses and institutions; and he would like to express his appreciation and all the effort Ms. Workin has put into this plan. Chairperson Kondrick stated to Commissioner Hansen he is saying that Fridley's plan is a good one? 27 Planning Commission Meeting October 17, 2018 Page 7 of 10 Commissioner Hansen replied,he thinks it is good. They got it to a point where they felt like these were some workable goals and then they looked at maybe stretching that a little bit further but still within the realm of what they felt was going to be acceptable and tailored for the City of Fridley. There were some people in the planning process who felt they were not going far enough and there were some who felt maybe the other way. However, he felt they came to a good compromise in terms of the goals. Ms. Workin stated she thinks it really interesting Chairperson Kondrick brought up the issue of water and something very interesting to her is when they started looking through the data is that 7 of the 10 highest users of energy of City-owned properties are part of its water treatment and distribution process. They are very high water users just inherently with the energy it takes to pump water out of ground. So reducing the City's ability to reduce energy costs associated with its water production would help reduce the cost of operating its water treatment system and is something that the City's operators look at. Even just this year the City installed another device which reduces the amount of energy needed to power the pumps to pump the water and is something they are working with the University of Minnesota's MnTAP program and one of the City's interns to look at even further as to are there other ways operationally the City can make adjustments in its water distribution system to even further reduce those energy costs, perhaps relying more on some wells vs. others. That is something they are in the process of looking at. Ms. Workin stated also acknowledging with the City of St. Paul and City of Minneapolis having facilities in the City of Fridley that are both very high energy users that Xcel is in the position to work with them to reduce their energy use even further in a way that we, as City representatives, would not be in as well of a position to do a new coal-fired power plant in this day and age is very limited but the amount of energy they are going to be using is expected to grow because of increased population. That is something Xcel is thinking about. They are going have to provide a lot more energy but traditional power sources are not going to be able to meet that need. They are going to have to either reduce the amount of energy people will need or will need to rely on alternative energy sources to fill that gap. That, as well as a public utilities commission requirement that they spend a certain amount on conservation programs, is the reason for programs like Partners in Energy and why they are putting in that time and that financial contribution to help cities develop these plans and reach the goals. Ms. Workin stated with regard to how this is a Fridley-specific plan, one of the big things is a lot of its strategies focus on manufacturing. It is a huge energy user, and the City's manufacturing community is such an important part of its character and history. They want to make sure that these communities are able to flourish in Fridley and they continue to operate with a low-fixed cost so they can make upgrades and continue operating and existing. If they can help them and connect them with the right people to make energy efficient upgrades, they can have buildings with lower cost of operation and also tend to be safer with improved lighting; and the higher-efficiency HVAC systems are more comfortable to work in. The focus on manufacturing really set Fridley apart from other communities. As well as the individual members of the Energy Action Team who brought their own unique perspective. Commissioner Oquist stated in the residential energy goal for 2020, it references 1,200 additional actions. He asked is the City going to be publishing something hard of what those actions are so people can implement something? They are goals but as he read them he was thinking, okay, the next step is implementation. They have to have some kind of documents that will implement it. The plan is excellent but now the next step is how do they do it. Ms. Workin replied, that is a great question. There are a lot of things residents can do at home to decrease their energy use, and they will be sharing those through the different communication channels. 28 Planning Commission Meeting October 17, 2018 Page 8 of 10 The 1,200 actions referenced and that number specifically occurs to participation and Xcel's conservation programs. When residents complete a Home Energy Squad visit and through that program update their lighting, recycle their refrigerator through Xcel (where if you have a working refrigerator you no longer need, Xcel will take off your hands for $20), insulation rebates, doing things that they can track such as the rebates Xcel is handing out,those are what those 1,200 actions will be including. They will definitely be able to track those which is one of the benefits of working with Xcel because they have access to that data. As part of that data and part of this process they will be helping the City develop its communication strategies, improve its website related to energy, and integrate these rebates and actions into its permitting process, etc. Chairperson Kondrick stated Xcel needs to communicate the program with the City of Fridley. For example, you can have an old refrigerator yanked out of someone's house. Who knows about it? The homeowner knows. Xcel knows because they got $20 and got it out of there. Hopefully that will, therefore,reduce that family's energy consumption. How does the City know that? Ms. Workin replied before they participated with this program, the City did not know unless through the Home Energy Squad visit because there is that partnership. They did have access to that data, but participants in the Windsource Program had no idea. Now as a partner in energy city they will have access to that data, and Xcel will be giving them dates as they move through the program as to whether they are on track to achieve its goals and what the impact of these efforts have been. Commissioner Heintz stated at where he works about six months ago, he was not sure if it was through the City of Anoka or another organization,but they came in and did an example for them on LED lighting for all of their floors and lights. They actually tracked one area vs.the rest of the warehouse. They ended up changing every fluorescent light bulb in the building, in the office and the warehouse. The lighting is cooler and better and their energy costs have gone down considerably. Chairperson Kondrick said that should be put in print somewhere for folks to read and understand. Not only for businesses but homeowners can benefit by making constructive moves like that. Ms. Workin stated that points to a really good thing that appears often the best person to share those stories with them. A lot of their strategies involve case studies and business-to-business communication and concrete examples because if you are asking a resident or business to take that time and spend that initial investment,you will not need to let them know what benefits they are going to see so they know it is worth their time because there are so many competing things going on to make it a priority, you really need to call out what those economic benefits are going to be. Commissioner Heintz stated he has 90 percent of his light bulbs changed over to LED already. Is there any chance with this program finding some way to maybe have a rebate with Menards or Home Depot where if people go in and buy $100 worth of LED lights to change everything out, through this program they can get some kind of rebate from the City or something. Perhaps 10 or 20 percent. They can say, okay, I am going to save 20 percent off the top and then I am going to save as I go along, too. Chairperson Kondrick stated and the question would hold, too, if you are talking to a business and saying,well, if you did this and that, you could save yourself a whole lot of money. This much money in fact. The guy says, well, yes, but it is going to cost me $1,200, for example,to do that. The answer has to be,we understand that but you realize companies of your size have done it and they have been able to save $3,500 over the course of the year. Some number. Something so a guy can take advantage and see 29 Planning Commission Meeting October 17, 2018 Page 9 of 10 how that is going to be a benefit to his company. That is what he thinks is important here. Relate that to somebody so they can say,yes, I understand that. Ms. Workin replied that is something they will be doing better is integrating information about energy efficiency into the City's home loan and business loan process. Especially when you are looking at larger investments such as windows, heating and cooling systems, those can involve really significant up-front costs. Those are some things the City's home loan and business loan program can help cover and can potentially be structured in a way in which the amount of energy savings on the bill would be less than the loan payment you would be paying back. They will definitely be working on the communication to integrate those better than they have been in the past. Julie Jones, Planning Manager, stated that Ms. Workin has already been doing an awesome job of doing that. On Tuesday mornings, staff has Development Review Committee meetings, where businesses can come in and propose ideas they have or land use applications they may have coming forward. Since being involved in this program, Ms. Workin is getting businesses information about existing programs that Xcel has so they can save money and energy costs on their projects. It is fun to see that connection the City has now. Commissioner Heintz asked, working through this program and everything, did that have any impact on the City's new civic campus? Ms. Workin replied the City of Fridley participated in Xcel's Energy Design Assistance Program. They were involved in this program from the beginning of construction, so well before they entered into Partners in Energy. However, as a result of this program, the way the energy design assistance program works is when there is significant new construction or redevelopment, you can work through a series of scenarios with Xcel; and they help you with modeling in which they say, here is the baseline. If you go for a more energy-efficient model, this is how much energy you will say. Usually that energy-efficient model is going to cost you more up front, and you know you will get that return over time over decreased costs on your energy bill. However, oftentimes you do not have that upfront capital to see those long- term benefits. The way the Energy Design Assistance Program works is you get an upfront rebate to help offset the additional costs for the more energy-efficient programs. Throughout the new civic campus there are some really neat energy-efficient improvements that came about as the result of the Energy Design Assistance Program, and the City will be receiving a very sizable rebate from Xcel for installing those. It is well over$50,000 worth of rebates. They are excited to share that as a case study with other businesses that are doing significant redevelopment work in the City as well. MOTION by Commissioner Schwankl to approve sending the Energy Action Plan to the City Council. Seconded by Commissioner Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURN: MOTION by Commissioner Oquist to adjourn. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:45 P.M. 30 Planning Commission Meeting October 17, 2018 Page 10 of 10 Respectfully submitted, Denise M.Johnson Recording Secretary 31 AGENDA ITEM favofCITY COUNCIL MEETING OF Fridley NOVEMBER 13, 2018 Date: November 7,2018 To: Walter T. Wysopal,City Manager Q / From: Scott Hickok,Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS#18-04,Sherman Associates Development, LLC INTRODUCTION Carole Mette, of Sherman Associates Development, LLC is requesting a preliminary plat for the East Northstar Station site to accommodate the development ofto-� ,iz Fl the subject properties.The petitioner would like to create .. 51$7 0.,JJE ME new lots for each portion of the development as well as a separate lot for the Metro Transit parking lot. _ $ _ -41—:-.. - 8 Lot 1 (orange)will be for the Metro Transit parking lot and ,u.nnisis �. Northstar east station building. It will be 88,484 sq.ft. is size. {- __. ..._ , Lot 2 (blue)will be for the market-rate building and will be Y 4 2: 117,262 sq. ft. in size. Lot 3 (yellow)will be for the affordable F g .. 3 building and will be 82,603 sq. ft. Lot 4(red)will be for the g _ senior building portion of the development and will be 176,582 sq.ft. in size. * L it Creation of the new lots and legal descriptions will make it easier for Metro Transit to own their own parcel and to -1.. ' provide financing for each building type. - ' PLANNING COMMISSION RECOMMENDATION ..., ss� 61 PM At the September 19, 2018 Planning Commission meeting, a 4 1 , public hearing was held for PS#18-04. After hearing from the I ;; petitioner and neighboring properties owners, the Planning Commission had a brief discussion,the then recommended x, approval of PS#18-04. 1 a THE MOTION CARRIED UNANIMOUSLY. .�.! PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. 32 ............._.... . udScr21-61.02 'c2 -y 6ap'1-'Ca%c(CI0LI\%.Id,",n;ns\a:081\e,OZ\n .•1..1.1 61/lxsv0 illi 1Ii I"I I�I�$i�; q [ !j 1IIiI ' n i f it, q :' g i : 1311 ;51i Z 0-- 410kiiii?g a ry a 1--. 11. l � . : illk J Z 1. 1. , ' BF(V !III 2 Nz 44 aN s zgX diiii ; _A't, § dSI <1 If), I§i o § Gi5I6IZ,� _> 1 :El. v _{ — & ? s . d 1iSw F0.`�.'n J` C2 ...o 0E0.044..0.9.00 o9R• 4v, LL m 1 p• ` r. .d�,�$��i��O�iiO:����q�ii -saw a 444100410e4* 11 .., •O i� •i��0 1*' o ,,••:4�4i�t:44* getti� a i0: VS •. r4 ♦t, 1 I 1 '). ..1(.1,!! Il 3N 1i�14 n. 3N 1331115 NIbW --- .w,i1i1NN11l s e' -,- _ I :,.,::),',":''.',;,,.,,..,.••_,•.•.'"••-fi o sozst atbtos — .._ _ „��y w s' 111 �\�`��; I N„m, v � ,. r R;�_ � I j m — i -II 1 i v .� / c75,31 0/Yl8 8 .. r I : .J; ,i ---- I I 1.. 3111k1t11S i'. �� ,,,,t.:::.' b I 1.,r°'+�°; ( rornz II - us t rf4 III I , i�$ t* ,..1.y- mat U•waa 7.07 � � i . # 4 - _.I .. Q"i- I ,� e1 I [ 9 ¢ _ =I Y ..,sirs, I I. . r.1 -t -F-.+.�rt�-T� .� --I..y I-+--I_.t ' a�'ue as�ao.tav '',-;:}4-1- • +-1-1--f-i-t f-+}-I-I f -i_•,.}-i--�i--+-i-�.-Fi-}.Hi---1-1--H-Hi '- -1-4-1-41I - 1_ -._ 9Nf 4V01i11y11 33 VINtlS Nl13H1aON NO.L NIlt1l18 �'`++�?'� '-t- -1----4-}- r • I 33 AGENDA ITEM iA. Fridleyy CITY COUNCIL MEETING OF NOVEMBER 13, 2018 Date: November 8, 2018 To: Walter Wysopal, City Manager From: James Kosluchar, Public Works Director Jeffrey Jensen, Operations Manager- Streets and Parks Rachel Workin, Environmental Planner Subject: Approve Capital Project Grant Agreement#2021824 with the Mississippi Watershed Management Organization for Smart Salting BMPs BACKGROUND The City of Fridley is responsible for maintaining city roads for safe winter driving through a combination of plowing and chloride (salt) application. The City currently utilizes seven plow trucks equipped with manually-controlled spreaders which release dry salt onto the road. The manually-controlled system results in an excess amount of salt release, because the driver is not able to set a specific concentration of salt per lane mile or easily adjust the amount of salt released based on speed. There are further disadvantages to applying dry salt as opposed to salt "pre-wetted" by brine as dry salt requires a much higher chloride concentration to be effective, takes longer to activate, and frequently"bounces"outside of the intended application zone. There are long-lasting ecological impacts of this excess salt application. Chloride is a known aquatic contaminant that is nearly impossible to remove from a waterbody. Excess aquatic chloride levels can negatively impact aquatic life and drinking water quality, among other issues. In recognition of the water quality impacts of chlorides,the City of Fridley installed a brine-making system in the new Public Works facility. However, the City was financially limited in the amount and quality of brine-application systems the City would be able to purchase for its plows during the 2018/2019 season. As the Mississippi Watershed Management Organization (MWMO)has recognized chloride reduction as a priority, the City requested grant funding from the MWMO to facilitate the purchase of Smart Salting Best Management Practices for winter maintenance. The MWMO capital grant of$80,557 will be used to purchase advanced brine application systems for four of the City's plows. These systems will allow the driver to "pre-wet"the salt with brine before road application, automatically set the concentration of brine and salt based on weather conditions, and adjust the salt application rate based on speed. This equipment also includes 34 monitoring/GPS technology that will allow the City to track the amount of salt used in different locations in order to improve route and salting efficiency. The grant funding will also be used to purchase an anti-icing trailer system. This trailer system will attach to a City truck and can be used to pro-actively apply a low concentration of brine to roads in advance of a winter weather event. This low concentration of brine delays and prevents the bond of ice and snow to the roadway and prevents the compaction of snow. As a result, less chloride is needed overall to remove the snow and ice. The purchase of this equipment is expected to reduce the amount of salt used by each upgraded plow between 30-40%while also improving road safety. In addition to the ecological benefits, the City expects to see an economic benefit due to the decreased amount of salt needed. During the 2017/2018 season, the City spent City roughly $51,970.46 on salt. This amount would have been expected to increase this upcoming winter season(dependent on weather), since the contracted price on salt increased 19%per ton this year. As a result, the new equipment is expected to save the City an estimated $10,600 during the 2018/2019 winter season. This grant does not require an additional cash match, although the City will need to purchase a $200/per truck data fee to access GPS and weather data. The City will also commit to tracking the amount of salt used and sharing this information with the MWMO. The City will also partner with the MWMO to educate its residents and businesses on the importance of and strategies to decrease salt use on their properties. RECOMMENDATION Staff recommends that the City Council move to approve the attached Mississippi Watershed Management Organization grant agreement#2021824 (included as Attachment A) for the purchase of Smart Salting Best Management Practices. 35 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement#2021824 CAPITAL PROJECT GRANT AGREEMENT Project Title: City of Fridley Smart Salting BMPs Amount: $80,557 Grantee: City of Fridley Address: 6431 University Ave NE,Fridley,MN 55432 Project Manager: Rachel Workin,Environmental Planner Phone: (763)572-3594 E-mail Address: Rachel.Workin@fridleymn.gov THIS AGREEMENT is between the Mississippi Watershed Management Organization, hereinafter referred to as the "MWMO"or"Board,"and the grantee described above,hereinafter referred to as the"Grantee." 1. BACKGROUND 1.1 The MWMO is a joint powers watershed management organization, created pursuant to Minnesota Statutes, Sections 103B.201 to 103B.252,the Metropolitan Surface Water Management Act,hereinafter referred to as the "Act." 1.2 The MWMO conducts programs and projects to meet its obligations under the Act and the rules adopted pursuant to the Act. 1.3 The MWMO has selected and approved a request received from the Grantee for funding to implement a program or project within the boundaries of the MWMO. The outcomes and methods agreed upon in that request are reflected in the final deliverables section of Exhibit A, which is attached to this Agreement and made a part thereof. 1.4 The MWMO has determined that the project proposed by the Grantee, hereinafter the"Project", will further the implementation of the comprehensive watershed management plan of the MWMO. 2. DUTIES AND CONDITIONS. 2.1 General A. The MWMO will grant to Grantee the amount stated above, which funds may only be used for expenses incurred in performing activities specified in Exhibit A. 36 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement#2021824 B. The MWMO will reimburse Grantee for expenses incurred in the Project to the maximum amount specified above. All other costs and expenses incurred by Grantee in completing the work of the Project will be the responsibility of Grantee. Only costs and expenses identified in Exhibit A as "reimbursable" will be reimbursed by the MWMO. Administrative costs incurred by Grantee including, but not limited to, compensation and benefits of Grantee staff, are not eligible for reimbursement under this Agreement. Grantee will not be reimbursed by MWMO for expenses incurred by Grantee that are paid or reimbursed by a grant from another source. 2.2 Construction Grantee will construct the Project in accordance with Plans and Specifications that are consistent with Exhibit A and that are approved in writing by the MWMO Executive Director or the Executive Director's designee prior to commencement of construction. All change orders must be approved in writing by the MWMO Executive Director or the Executive Director's designee. Grantee will complete the Project within the time specified in Exhibit A and no later than the Termination Date specified in paragraph 5. If Grantee retains contractors to construct the Project, Grantee will advertise for bids and award contracts in accordance with the requirements of law. Grantee will award the contract and supervise and administer the construction of the Project to assure that it is completed in accordance with plans and specifications. Grantee will require the contractor to provide all payment and performance bonds required by law. Grantee will require that the MWMO be named as additional insured on all liability policies required by Grantee of the contractor and be given the same notification of cancellation or non-renewal as is given to the Grantee. Grantee will require that the contractor defend, indemnify, protect and hold harmless the MWMO and the Grantee,their agents, officers,and employees, from all claims or actions arising from negligent acts, errors or omissions of the contractor. Grantee will supervise the work of the contractor. However, the MWMO may observe and review the work of the Project until it is completed. Grantee will perform all necessary investigations of site contamination and secure all necessary local, state or federal permits required for the construction of the Project and will not proceed with the Project until any required environmental review and remediation of site contamination is completed or a plan for remediation is approved by appropriate regulatory agencies. Upon Completion of the Project, the Grantee will assume responsibility for its maintenance. 2.3 Reporting The Grantee will submit progress reports to the Board every six(6)months on the status of the Project, using the work plan, timeline, and budget in Exhibit A. A project close-out meeting with MWMO staff must occur within ninety (90) calendar days after the completion of the Project or by the date specified in paragraph 5, whichever occurs first. 2 37 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement#2021824 3. TERMS OF PAYMENT. The MWMO will disburse funds to Grantee based on a payment request form provided by the MWMO,submitted by the Grantee and approved by the MWMO. Payment requests may be submitted no more frequently than once each month and must be accompanied by supporting invoices that relate to activities in the approved Project budget. Subject to verification of adequacy of a written disbursement request and approval of consistency with this Agreement,the MWMO will disburse the requested amount to the Grantee within four(4)weeks after receipt of a written disbursement request. 4. CONDITIONS OF PAYMENT. All work performed by the Grantee under to this Agreement will be performed to the satisfaction of the Board, and in accordance with all applicable federal,state, and local laws, and any amendments thereto. The Grantee will use the funds herein only for the purposes described in Exhibit A. 5. TERM OF AGREEMENT. This Agreement will be effective on the date of the last signature on the signature page of this Agreement and will terminate on December 31, 2019, hereinafter the "Termination Date" or the date all obligations have been satisfactorily fulfilled by both parties,whichever occurs first. The MWMO will not be obligated to reimburse any expenses incurred after the Termination Date or to pay any payment requests received more than 90 days after the Termination Date. 6. CANCELLATION AND REVOCATION. The Board may cancel this Grant Agreement for just cause. Just cause means that the Grantee is not disbursing funds in accordance with established Board procedures, or has otherwise breached a term of this Agreement. The Grantee must be given written notice 14 calendar days prior to cancellation. Such notice shall be by certified mail addressed to the Grantee's Primary Contact as designated on page one of this agreement. Additional secondary contacts may be designated in Exhibit A. The cancellation shall be effective on the beginning of the 15th day after such notice is given unless an agreement of a cure for the breach is reached within such 14-day period or the Board, by its authorized representative,grants an extension in writing.The Grantee may cancel this Grant Agreement with or without cause. In the event of cancellation by the Board,the Grantee is entitled to payment,determined on a pro rata basis, for work satisfactorily performed, and the remaining grant funds must be returned to the Board within thirty(30)calendar days. In the event of cancellation by the Grantee,all funds will be returned to the Board within thirty(30)calendar days. 3 38 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement#2021824 7. ASSIGNMENT. The Grantee will neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the Board. The Grantee may contract with others, including appropriate local units of government, to complete the work specified in Exhibit A. However,Grantee will continue to be responsible for performance of its obligations under this Agreement notwithstanding contracts with contractors or subcontractors or approved assignment to a subgrantee. 8. USE OF FUNDS. The Grantee will use the proceeds of this Agreement only for the eligible costs of the Project as described in Exhibit A. 9. AMENDMENTS. Any amendments to this Agreement must be in writing,and executed by the Board and the Grantee. 10. WORK PROGRAM AMENDMENTS. Amendments to the approved work plan must be in writing and approved in writing by the MWMO Executive Director or Administrator before they are effective. These will include changes in planned actions and the budget for each planned action. 11. COST OVERRUNS. The Grantee agrees that cost overruns are the sole responsibility of the Grantee. 12. INDEMNIFICATION. The Grantee agrees to defend, indemnify and hold harmless, the MWMO, its officials, officers, agents and employees from any liability, claims, causes of action,judgments, damages, losses, costs, or expenses, including reasonable attorney's fees,resulting directly or indirectly from any act or omission of the Grantee, its contractors or subcontractors or anyone directly or indirectly employed by them, or any party that directly or indirectly benefits from the activities specified in this Agreement, or anyone for whose acts or omissions they may be liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of the Grantee to perform fully, in any respect, all obligations under this Agreement.Nothing herein shall be deemed a waiver by either party of the limitations on liability set forth in Minnesota Statutes,Chapter 466. 4 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement#2021824 13. INSURANCE. Grantee shall secure and maintain such insurance as it deems reasonably necessary to protect the public, the MWMO and the Grantee from claims arising out of Grantee's activities under this Agreement and to fulfill Grantee's obligations hereunder 14. ACCOUNTING AND RECORD KEEPING. For all expenditures of funds made pursuant to this Agreement, the Grantee will keep financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures. Accounting methods will be in accordance with generally accepted accounting principles. Grantee agrees that the MWMO, the State Auditor, or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine,audit, excerpt, and transcribe any books, documents,papers,records, etc.,that are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights will be in force and effect during the period of the Agreement and for six(6)years after its termination or cancellation. 5 t rE i 40 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement#2021824 15. CAPITAL EQUIPMENT AND REAL PROPERTY. The title for equipment purchased with the funding provided in this contract shall be taken in the name of the MWMO. The equipment will remain the property of the MWMO for its useful life. After the contract period, it may remain in the custody of the Grantee so long as it is used for the purposes of promoting and supporting the Grantee's Project goals. The MWMO may take possession of the equipment at such time as it becomes necessary to use it for MWMO purposes. If real property is acquired or improved with grant funds,the MWMO may require the recording of such covenants or restrictions on the use and development of the property as the MWMO deems necessary and appropriate to assure the continuing benefit of the Project to the public. 16. NONDISCRIMINATION. The Grantee agrees to abide by the requirements and regulations of The Americans with Disabilities Act of 1990 (ADA),the Minnesota Human Rights Act(Minn. Stat.,Ch. 363), Minnesota Statutes, Section 181.59 and Title VII of the Civil Rights Act of 1964. These laws deal with discrimination based on race,gender,disability,and religion, and with sexual harassment. In the event of questions from the Grantee concerning these requirements,the MWMO agrees to promptly supply all necessary clarifications. Violation of any of the above laws can lead to termination of this Agreement. 17. CONFLICT AND PRIORITY. To the extent of any inconsistency between this Agreement and Exhibit A, Exhibit A will control over this Agreement. 18. INDEPENDENT CONTRACTOR. Grantee will act in all respects as an independent contractor under this Agreement and will be solely responsible for performance of services required hereunder as well as the means and manner of performance thereof. The MWMO will not be an employer, partner or co-venturer with Grantee for any purpose, and will have no responsibility or liability for the acts or omissions of Grantee. Nothing herein authorizes Grantor to act as an agent or representative of the MWMO for any purpose. 6 41 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement#2021824 19. ACKNOWLEDGMENTS. Signage, printed materials, publications and presentations related to the Project shall acknowledge the funding provided by the MWMO as described in Exhibit A. 20. GOVERNMENT DATA PRACTICES ACT. The Grantee and the MWMO must comply with the Minnesota Government Data Practices Act,Minn. Stat.ch. 13, as it applies to all data provided by the MWMO under this Agreement,and as it applies to all data created,collected, received, stored, used, maintained, or disseminated by the Grantee under this Agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this paragraph by either the Grantee of the MWMO. If the Grantee receives a request to release data referred to in this paragraph,the Grantee must immediately notify the MWMO. The MWMO shall give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response shall comply with applicable law. 7 42 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement#2021824 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, by their duly authorized representatives,intending to be bound thereby. GRANTEE: By: Its: Date: and By: Its: Date: MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION By: Its Chair Date: and By: Its Treasurer Date: Attachment(s): Exhibit A;City of Fridley Smart Salting System Proposal 8 43 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Exhibit A to MWMO Capital Project Agreement#2021824 Project Name: City of Fridley Smart Salting BMPs Project Description and Purpose The City of Fridley is responsible for maintaining 103.8 miles of road for safe winter driving through a combination of plowing and chloride application. The City utilizes seven plow trucks which are equipped with manually- operated salt spreaders.The driver is able to apply a proportional amount of salt to the road based on a 0-10 scale as well as utilize a blast button for high-need areas.However,they are not able to specify a certain concentration of dry-salt per lane mile or easily adjust the amount of salt released based on speed. Chloride is a known aquatic contaminant that is nearly impossible to remove from a waterbody,once it's polluted. The use of chlorides to prevent and remove ice along roadways contributes a large amount of salt to the environment-according to the MPCA,an estimated 78%of salt that is applied in the Twin Cities for winter maintenance is transported to groundwater or remains in local lakes or wetlands.During the 2017-2018 season,it is estimated that the City of Fridley applied 714 tons of dry salt to their roads. The main way to reduce the amount of chloride used in winter maintenance activities is through Smart Salting best management practices(BMPs). With the recent purchase of a Cargill AccuBatch 800 brine maker,the City of Fridley now has the opportunity to update their practices and implement some of these BMPs.They requested financial assistance from the MWMO to purchase pre-wetting and other Smart Salting equipment in time for the 2018-2019 winter maintenance season. They also requested assistance with outreach,to inform the public of what the City is doing and encourage local businesses and residents to join in the effort. Scope of Work and Project Budget The City of Fridley has requested funds to implement four Smart Salting BMPs in their winter road maintenance work: 1. Brine Application Systems(Total Grant Funds: $28,580) The City of Fridley will outfit four of their seven trucks with advanced brine application systems.These systems are comprised of a tank and hoses that attach to a snowplow and spray the dry-salt in order to pre-wet it. The advance systems allow the driver to automatically or manually set the concentration of brine and salt. They also include wheel sensors which reduce the salt application rate when the plow reduces speeds and shuts off the spinner when the plow stops.This system includes monitoring technology that records the pounds of dry salt and gallons of brine used per lane mile and allows for more specific calibration of the system. The driver can download this data onto a USB to track the amount of salt used and see the impact of operational changes. MWMO-City of Fridley Smart Salting BMPs 1 44 2. Anti-Icing Trailer System (Total Grant Funds: $32,997) This trailer system will attach to a City truck and be used to pro-actively apply a low concentration of brine to roads in advance of a winter weather event. This low concentration of brine delays and prevents the bond of ice and snow to the roadway and prevents the compaction of snow. As a result, less chlorides are needed overall to remove the snow and ice. 3. Webtech Software System(Total Grant Funds: $15,000) This is a GPS-based Automatic Vehicle Location data collection system that collects vehicle location,plow position, material application rates,and road condition data.Data collected from an in-vehicle unit enables automatic production of operational reports. Data is also communicated real-time to a central software system which can be observed by the Streets Manager in order to provide on-the-spot feedback about application rates. In addition to real- time feedback,the reports generated from the data can be used to optimize routes and derive geographically-specific application rates,so that areas are treated more than once. This system would require a$200-per-year-per-truck data fee which would be paid for by the City. 4. Road Temperature Sensors(Total Grant Funds: $4,000) Road temperature sensors will be installed on the four trucks with the brine application equipment. The sensors identify the real-time temperature of the road,which influences the recommended concentration of salt to be applied. Installing the road temperature sensors will allow the driver to optimize the amount of salt that is applied. The total budget for all Smart Salting BMPs is$80,557. Monitoring the amount of salt used is a crucial step to reducing salt use.Based on past application rates,the City estimates the implementation of these Smart Salting BMPs will reduce chloride use by 122 tons/year. These reductions will not only provide benefit to the MWMO's water resources,but will also save the City money; savings are estimated at$10,600 for the 2018/2019 winter season. As part of this grant agreement,the City of Fridley will monitor the amount of salt and brine that is applied to their roadways through the 2023/2024 winter season and provide the MWMO with an annual report of the data collected and reductions achieved. The City will also complete the MPCA's Smart Salting Assessment tool at the end of each winter season and provide MWMO information about the financial impacts of these improvements. City staff will coordinate with MWMO to share information related to Smart Salting through the MWMO's communication channels. The City will also use this effort as a launch pad for an educational campaign on Smart Salting to the general public through social media,the newsletter and cable television. The City will also provide targeted information to groups with large parking lots(apartment,religious institutions,and commercial groups) through direct correspondence,the business e-newsletter,and other resources. The City of Fridley agrees that these Smart Salting BMPs will be utilized and properly maintained for no less than five(5)years from the date of implementation. If these practices are not utilized and maintained for this period of time,MWMO reserves the right to request reimbursement,at a pro rata basis,of expended funds. MWMO-City of Fridley Smart Salting BMPs 2 45 Project Schedule Project Phases Completed by: Purchase&Install Smart Salting BMPs January 2019 Begin Educational Campaign on Smart Salting Techniques to Residents and ' January 2019 Large Parking Lot Owners First Round of Reporting to MWMO Staff r May 2019 Deliverables The City of Fridley will provide the MWMO the following deliverables: 1. Proof of purchase and installation of: a. Advanced brine application systems and road temperature sensors on four snow removal trucks. b. One anti-icing trailer system. c. Webtech AVL-software system. 2.Coordination on Smart Salting communications to the general public and large parking lot owners within the City of Fridley. 3. End-of-Season reports on overall salt usage, impacts of implementing Smart Salting BMPs(including estimated reductions in salt usage and financial savings to the City), lessons learned and plans for future improvements. As much as possible, the reports should summarize the environmental benefits of reduced salting in both the MWMO and the City of Fridley, as a whole. Reports will be submitted for a minimum of 3-years(through the 2021/2022 winter season). 4. Coordination with MWMO staff for public relations opportunities related to the project components, including: a. Public communications associated with the project,such as open houses,newsletters,press releases, videos and other communication products. b. Opportunities to capture photos and/or video of smart salting BMP activities. c. Acknowledgement of MWMO funding for the project. 5. Any backup documentation needed for the MWMO to determine reimbursable expenses. 6. Equipment Installation Closeout meeting with MWMO Staff,including project walk-through at Public Works Facility. Project Budget Funding for this grant shall not exceed$80,577 and will go towards reimbursing the purchase and installation of the Smart Salting BMPs listed above. Amendments to scope of services in this document that do not increase project cost or project end date may be made by the MWMO Executive Director or its designee. Other amendments require review and approval by the MWMO Board. Reimbursements The MWMO will reimburse only for expenditures described as eligible costs under`Project Budget'. Requested reimbursements must include copies of all relevant invoices. Reimbursements may be submitted monthly, and must correspond with a deliverable or eligible cost item,completed or in progress,as detailed in this document. The MWMO will hold up to 10%of grant funds until verification of completion of all project components and deliverables. MWMO-City of Fridley Smart Salting BMPs 3 46 All City of Fridley staff costs and administrative expenses incurred in completing the work of the project shall be the responsibility of the City of Fridley. MWMO-City of Fridley Smart Salting BMPs 4 47 (__i AGENDA ITEM "'y OfCITY COUNCIL MEETING OF Fridley NOVEMBER 13, 2018 To: Walter T. Wysopal, City Manage`'�1/ Mayor and City Council From: Director of Public Safety, Brian Weierke Date: November 13, 2018 Re: Approval of Memorandum of Understanding for Federal Equitable Sharing Agreement with Anoka/Hennepin County Task Force The Anoka/Hennepin Narcotics and Violent Crimes Task Force was created in 1996. Fridley Police have participated since its inception. We have assigned one police officer to represent FPD. Currently, Jennie Fetrow is assigned as a Task Force officer for a three-year term 2015-2018. Officer John Kotchen will be assigned in January of 2019. Benefits of having a Task Force Officer: Attention to Fridley with Narcotics and Resources. Access to a large group, Currently there are 12 Detectives and 2 Team Leaders from 10 agencies, 1 National Guard Drug Analysis and 1 HIDTA Analyst. Cases can cross county lines. At the end of each year, forfeiture funds are divided between participating departments. The purpose of this MOU is to designate the Anoka County Sheriff's Office as the fiduciary agency for the Task Force for federally forfeited money. The Anoka County Sheriff's Office agrees to submit sharing requests for all federal seizures involving the Task Force. All Task Force member agencies agree and understand that all federal sharing will be awarded to the Anoka County Sheriff's Office and all federally shared funds will be retained by the Anoka County Sheriff's Office for Task Force expenses. Federally shared funds are awarded to one single agency, the Anoka County Sheriff's Office (fiduciary), designated by the Task Force. The Anoka County Sheriff's Office may spend federally forfeited funds for the payment of Task Force expenses. The Anoka County Sheriff's Office may earmark funds 48 awarded from cases involving the Task Force for such expenses. The Anoka County Sheriff's Office will maintain all federally shared funds in separate revenue accounts/accounting codes by the Anoka County Sheriff's Office jurisdiction. These funds will be treated in the same manner as appropriated funds, including procedures for all procurement and approval processes and inclusion in all single audit requirements by the jurisdiction. Funds may be expended in support of task force operations, such as paying leases and renting undercover vehicles and cell phones. The Advisory Board of the Anoka-Hennepin Narcotics and Violent Crimes Task Force is comprised of the Chief Law Enforcement Officers (CLEOs) from each member agency, or his/her designee. The Advisory Board meets minimally on a quarterly basis to discuss and direct Task Force operations, approve purchases, and receive reports from the Task Force Commander and Team Leaders. The Anoka County Attorney's Office has two designated attorneys who attend Advisory Board meetings, advise on legal matters, and prosecute Task Force investigations and arrests. Staff recommends approval of the MOU. 49 MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR FEDERAL EQUITABLE SHARING FOR THE ANOKA-HENNEPIN NARCOTICS AND VIOLENT CRIMES TASK FORCE The Anoka-Hennepin Narcotics and Violent Crimes Task Force (Task Force) recognizes an ancillary benefit of asset forfeiture is the potential to share federal forfeiture proceeds with cooperating state and local law enforcement agencies through equitable sharing. The Equitable Sharing Program (Program) enhances cooperation among federal, state,local, and tribal law enforcement by providing valuable additional resources to each Task Force member agency. Equitable sharing funds are designed to supplement and enhance, not supplant, appropriated agency resources. The Task Force understands that federal law authorizes the Attorney General and the Secretary of the Treasury to share federally forfeited property with participating state and local law enforcement agencies. The Task Force understands that the exercise of this authority is discretionary and limited by statute and sharing is not required in any case. In addition, the Task Force understands that sharing is only available from net proceeds after recovery of government expenses and payment of victim compensation. The amount shared for each asset will bear a reasonable relationship to the degree of direct participation of the Task Force as a whole and the decision maker will consider the sharing recommendations outlined in this section based on qualitative factors such as unique contributions and financial obligations of the Task Force. The purpose of this section of the MOU is to designate the Anoka County Sheriff's Office as the fiduciary agency for the Task Force. The Anoka County Sheriff's Office agrees to submit sharing requests for all seizures involving the Task Force. All Task Force member agencies agree and understand that all sharing will be awarded to the Anoka County Sheriff's Office and all sharing funds will be retained by the Anoka County Sheriff's Office for Task Force expenses. The Task Force understands that for the Anoka County Sheriff's Office to receive shared funds, they must be compliant with Program guidelines and reporting requirements. The Agency Head of the Anoka County Sheriff's Office and the Anoka County Administrator must annually sign the Equitable Sharing Agreement and Certification (ESAC)report. By signing and submitting the ESAC report, the Anoka County Sheriff's Office and its jurisdiction agree to abide by all policies set forth in the current Guide to Equitable Sharing for State and Local Law Enforcement Agencies and all subsequent updates. Sharing Request Submissions: Sharing requests may be submitted by the Anoka County Sheriff's Office on behalf of the Task Force at any time following the seizure,but no later than 45 days after forfeiture. Only one sharing request will be submitted by the Anoka County 50 Sheriff's Office on behalf of the Task Force for each asset. Should any Task Force member agency provide assistance in an investigation that is unrelated to the Task Force, the member agency may also submit a sharing request based solely on that contribution. Financial Management Requirements: Equitable sharing funds are awarded to one single agency, the Anoka County Sheriff's Office (fiduciary), designated by the Task Force. The Anoka County Sheriff's Office may spend equitable sharing funds for the payment of Task Force expenses. The Anoka County Sheriff's Office may earmark funds awarded from cases involving the Task Force for such expenses. The Anoka County Sheriff's Office will maintain all federally shared funds in separate revenue accounts/accounting codes by the Anoka County Sheriff's Office jurisdiction. These funds will be treated in the same manner as appropriated funds, including procedures for all procurement and approval processes and inclusion in all single audit requirements by the jurisdiction. Funds may be expended in support of task force operations, such as paying leases and renting undercover vehicles and cell phones. The Task Force member agencies will not submit individual sharing requests, nor will member agencies receive funds from the Anoka County Sheriff's Office. The Task Force may deviate from awarding its full share to the Anoka County Sheriff's Office on a case-by-case basis as needed upon concurrence of all task force member agencies and must be equitable, in writing, and agreed upon prior to the onset of the investigation. Deviations from the agreed upon percentages generally would occur only in rare and unique situations involving cases where a larger than usual sharing may occur. Change in Participation: This portion of the Agreement/Memorandum of Understanding will be updated each time a change in Task Force member or manpower contribution occurs and/or if a change in financial or administrative responsibilities occurs. Dissolution: Should the Task Force disband, or a member agency withdraw from the Task Force, all funds currently in the Anoka County Sheriff's Office possession remain with the Anoka County Sheriff's Office. No funds will be transferred to any agency at any time, including upon departure from the Task Force,except with written approval from the Money Laundering and Asset Recovery Section. Jurisdiction Concurrence: By signing below, the Anoka County Sheriff certifies that all funds will be maintained in the same manner as all appropriated funds and expenditures will be subject to all jurisdictional policies and procedures for procurement and disposal of tangible items purchased with shared funds. Equitable sharing funds will be included in the jurisdiction's Single Audit and subject to the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 51 SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: County of Anoka By: Rhonda Sivarajah Its: County Board Chair By: Jerry Soma Its: County Administrator By: James Stuart Its: Sheriff Approved as to Form By: Bryan R. Lindberg Its: Attorney 52 SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: City of Anoka By: Phil Rice Its: Mayor By: Greg Lee Its: City Manager By: Eric Peterson Its: Chief of Police 53 SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: City of Blaine By: Tom Ryan Its: Mayor • By: Clark Arneson Its: City Manager By: Brian Podany Its: Director of Public Safety, 54 SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: City of Champlin By: Ryan Karasek Its: Mayor By: Bret Heitkamp Its: City Administrator By: Ty Schmidt Its: Chief of Police 55 SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: City of Columbia Heights By: Donna Schmitt Its: Mayor By: Walter R. Fehst Its: City Manager By: Lenny Austin Its: Chief of Police 56 SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: City of Coon Rapids By: Jerry Koch Its: Mayor By: Matt Stemwedel Its: City Manager By: Brad Wise Its: Chief of Police 57 SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: City of Fridley By: Scott Lund Its: Mayor By: Walter Wysopal Its: City Manager By: Brian Weierke Its: Director of Public Safety 58 SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: City of Maple Grove By: Mark Steffenson Its: Mayor By: Heidi Nelson Its: City Administrator By: Eric Werner Its: Chief of Police 59 SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: City of Ramsey By: John LeTourneau Its: Mayor By: Kurt Ulrich Its: City Administrator By: Jeff Katers Its: Chief of Police 60 SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. DATE: City of Rogers By: Rick Ihli Its: Mayor By: Steve Stahmer Its: City Administrator By: Jeffrey Beahen Its: Chief of Police 61 ow AGENDA ITEM o,of CITY COUNCIL MEETING OF NOVEMBER 13, 2018 To: Walter T. Wysopal, City Manage From: Debra A. Skogen, City Clerk Date: November 13, 2018 Re: Acknowledgement of Receipt of Twin Cities Gateway 2019 Fiscal Year Annual Budget Chapter 608 of the Fridley City Code imposes a lodging tax on local lodging properties. The purpose of the tax is to fund a convention and tourism bureau to promote the City as a tourist destination. The City is a member of the Minnesota Metro North Tourism dba Twin Cities Gateway (TCG), a tourism bureau consisting of 9 cities. The Agreement between the City and TCG requires the annual budget be provided to the City on or before October 1st of the year preceding the effective date of the budget. Such budget shall detail the uses to which monies received shall be spent to provide services. The 2019 Fiscal Year(FY) Budget for TCG was approved by the TCG Board of Directors and received by staff on September 18, 2018. The organization remains in a strong financial position with a projected fund reserve of$409,847 at end of 2019. The revenue forecast is conservative and expenditures are based on prior years. The Board manages the fund reserve to stay within the $500,000 maximum FDIC insurance coverage available and maintains two bank accounts for that purpose. Fund reserves are maintained to allow for a three month continuation of operations should something happen to the economy and lodging revenue decreases. TCG's projected revenue for FY 2019 is $975,000 which represents growth over the organization's founding in 2010. (For comparison, the FY11 revenue was $530,000). The approved budget for FY 2019 is $1,151,000. In addition to the lodging tax and Explore MN Tourism Grant, the Board will be utilizing$168,000 from the fund reserve. The TCG Board of Directors' goal is to maximize marketing and promotional opportunities, while continuing to minimize administrative and overhead expenses. The FY 2019 budget allocates 79% to marketing and promotion and 21%to administrative and overhead expenses, which is 4% lower than 2018 and significantly higher than other comparable metropolitan organizations. Attachment 1 is an Executive Summary and approved fiscal year 2019 Budget for Twin Cities Gateway. Staff recommends a motion acknowledging receipt of the Twin Cities Gateway Fiscal Year 2019 Budget. 62 Attachment 1 A TWIN CITIES GATEWAY Twin Cities Gateway FY19 Approved Budget Overview Background: The Twin Cities Gateway Board of Directors approved the FY19 budget at its September 18. 2018 board meeting. The budget is being provided to TCG Member Cities, for review, in accordance with the organization's by-laws. The organization remains in a strong financial position with a projected fund reserve of$409,847 on 12/31/19. The TCG Board forecasts revenues conservatively and expenditures based on prior years, so it is probable the fund reserve may be higher. TCG maintains two bank accounts and to maintain funds at FDIC-insured levels totaling $500,000 or less,the TCG Board has approved spending down the current FY18 fund reserve which is projected to be $577,847 at year-end. The incremental funds from the spenddown of the fund reserve will increase marketing and promotional efforts. In addition to the projected revenue, Twin Cities Gateway generates approximately$250,000 for marketing via partnerships, co-op programs, and negotiated added-value media. Twin Cities Gateway operates on a January 1 —December 31 fiscal year. The following is an overview of several TCG line item allocations. Other line items, e.g. organizational insurance and organizational memberships are self-explanatory. Operating Expenditures—21% of Budget • Management Contracts $200,000 TCG contracts for the services of executive director and sports marketing director. This expense covers the contractors'monthly compensation and all day-to-day operating expenditures for the organization. • Other Administrative Costs $25,000 This expense covers out of metro-area travel expenses to represent TCG at sports marketing tradeshows, and tourism industry conferences, TCG Board meeting expenses, preparation of annual Form 990 and federal tax returns, audit expenses, and any performance bonus compensation, if awarded, to the two contractors retained. • Blaine (Fiscal Agent) $15,000 TCG contracts with the City of Blaine Finance Department to provide all organizational fiscal services. • Other $1,500 Amortization expense of the TCG logo and other miscellaneous expenses. 63 Marketing Expenditures: - 79% of Budget • Website Enhancement/ Social Media $50,000 This expenditure was increased for 2019 as result of the website audit conducted in 2018. Several priority items were identified to improve site navigation, content, and user experience. This expenditure also includes on-going website design enhancements, website analytics, content development and execution, calendar of events maintenance, and all multi platform and channel social media development and management. • Destination Marketing $450,000 This expenditure was increased for 2019 and includes all marketing and promotional activities, including print, online, video, and promotional activities to market the TCG and its nine-member cities,primarily to non-metro area prospects, as a destination for leisure visitors and travelers. • Promotions/Collateral Materials $35,000 This expenditure includes production of annual TCG regional map (attractions, hotels, parks, golf courses, city halls and other area points of interest)and promotional welcome" banners produced for sporting events/meetings/conferences. This expense was increased for the production and distribution of additional TCG regional maps to be placed in tourism centers in IA, SD, ND, and WI • New Venue/Public Facilities Promotion $10,000 Funds made available by TCG for marketing and promotion of new visitor-related venues or events in which significant investment is made. • Member City Grants $100,000 Funding provided to each member city based on percentage of lodging tax revenues in each city for marketing and promoting public facilities and venues, as well as festivals and events to attract visitors to the community. • Meeting& Conference Marketing $80,000 Print and online marketing and promotional activities to event planners to increase awareness and utilization of(12) venues and facilities located throughout the Twin Cities Gateway area having the capacity to host events,functions, and meetings. • Sports Marketing $150,000 Funding for sales and marketing efforts, including participation at major sports marketing tradeshows to solicit, bid and host sports-related events and competitions at the National Sports Center (fields and facilities) and venues located in TCG's member cities. 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Li a V' Li a' Li Li 8 § O O1 .-i .M .-1 M M Mr Cr a t$ 113 {OO 100 t00 CO Prl i\n a NIn a, .9 iri C 0 038 N 0 E N G 93 co N co M O N co poj N Ncn O N\ N O N I 4• O N g 4,1r▪ R p i G i A A H C 7 3 a. a. yy N V co - a rn tri � o � m 3 0 N o E C To CS 94 11111.7,;:neyAINIW BUSINESS LICENSE LIST FOR APPROVAL NOVEMBER 13, 2018 Type of License Name and Address of Business Approved by Massage Therapy 2 the Point Massage City Clerk Business 7245 University Ave NE Public Safety Brenda Pribyl, Applicant Planning Collective Harmony Massage& Healing Arts 7260 University Ave NE Sharon Sloper, Applicant Duir Massage 7260 University Ave NE Cynthia Miller, Applicant Hawkins Healing 7362 University Avenue NE Deanna Hawkins, Applicant Hong Massage 6209 University Avenue NE Cao Hong, Applicant Life Balance Therapeutic Massage 7101 Highway 65 NE Bridge Wickstrom, Applicant Lifetime Fitness 1200 East Moore Lake Drive James Spolar, Applicant Massage 4 the Soul 7260 University Avenue NE Denise Jackson, Applicant Salon Amore 1278 East Moore Lake Drive Kristy Sanetra, Applicant Massage Therapist Brenda Pribyl, 2 the Point Massage City Clerk Sharon Sloper, Collective Harmony Public Safety Angelica Kelly, Collective Harmony Cynthia Miller, Duir Massage Deanna Hawkins, Hawkins Healing Cao Hong, Hong Massage Bridget Wickstrom, Life Balance Felicia Schlaepfer, Lifetime Fitness Gregory Bergh, Lifetime Fitness Kimberly Strand, Lifetime Fitness Denise Jackson, Massage 4 the Soul Kelli Potratz, Salon Amore 95 AGENDA ITEM f CITY COUNCIL MEETING OF Fridley NOVEMBER 13, 2018 To: Walter T. Wysopal, City Manage r ,up.)% From: Deborah Dahl,Director of Community Services/Employee Resources Date: Nov.7,2018 Re: An Ordinance Amending Fridley City Code Chapter 3 Entitled Personnel BACKGROUND As you know, every organization must determine their operating policies and procedures. Since its early formation, the City established a Code and adopted Chapter 3 of the City Code to address Personnel policies. Chapter 3 has had numerous revisions over the years and has not been as comprehensive or flexible with the ever-changing laws, needs of the organization, or best practices. Organizations evolve over time and must keep pace with regulations, labor contracts, organizational vision, budget and general operating strategies. In order to adjust to frequent changes and carry out the City's vision and to remain competitive in the market for hiring and retaining staff, the organization needs the flexibility to adapt to and anticipate change with its philosophies, policies and procedures. Changing Fridley's Personnel Ordinance or even making minor changes requires a lengthy process, including review and education, public meetings, etc. In addition, the original City's Personnel Ordinance interlocks benefits and policies, which can be difficult to change or keep pace with the market, adjust with trends and/or comply with legal changes. The City's Employee Handbook was developed and revised in 1999 by then Director Sara Hill, which attempted to address key policies and contemporary procedures in a simplified format. Over the years, the Handbook did not adequately replace the Personnel Ordinance and while was seen as an improvement, it continued to lack the necessary policies, flexibility, and clear guidance for employees and supervisors. In addition, our research has also revealed that our model is antiquated and not patterned by other cities. Cities most often provide a global governance statement that provide authorization to the City Manager and/or Administrator to develop, revise and execute personnel policies and procedures. The Need Staff has identified two immediate needs: 1) to amend Chapter 3 of the Fridley City Code to provide authority and flexibility to the City Manager to make changes to personnel policies going forward; and 2) to adopt a resolution amending the City's policy on benefits for city-paid holidays and amending the annual leave cap for non-union employees. 96 Increase in City Paid Holiday for Non-Union Employees Staff has proposed to increase the city-paid holiday from eleven (11) to twelve (12) days for 2018 and designate Dec. 31, 2018 as a city-paid holiday for non-union employees. In 2019, it is proposed that this 12th holiday be a floating holiday going forward each year thereafter. Adding this benefit will provide equity to non-union employees and line up with those granted to the unions in 2017. Increase in Annual Leave Cap for Non-Union Employees Staff is requesting the annual leave cap be raised from 280 to 320 hours (a total of forty hours)to be consistent with union contracts granted in 2017. This request is also helpful since a number of employees are currently at their cap and are often unable to use their time, particularly since there are a number of year-end priorities related to moving the new Civic Campus. The cost for both proposals would not increase the current budget or the budget in 2019. Regardless how time is recorded (annual leave, holidays, bereavement leave, etc.), the City budgets 2080 hours for each employee. It is presumed that the additional holiday could result in a loss of productivity, however, given Dec. 31, 2018 falls on a Monday this year, it is expected a number of staff will request to take annual leave for that day anyway. In terms of increasing the annual leave cap, the City is required maintain the liability (carry forward on its books) for annual leave if unused. While it is hard to predict when the additional forty hours would be used, it could also be held until the employee separates employment or retires. Again, the bigger priority for both of these requests are to bring the same benefits for non-union employees as those already provided to union groups since 2017. Personnel Policy Over the comings months, staff will be reviewing the current policies and practices, proposing amendments and creating new policies and to make rules and regulations for employment. The current language in the Employee Handbook, Summary of Benefits, department policies/procedures and CBA's will remain in effect until superseded or replaced by either a new comprehensive policy manual and/or CBAs, etc. Staff will continue to provide Council with the new policy manual as well as any changes or amendments. RECOMMENDATION 1. Staff recommends a motion waiving the reading and ordering the first reading of an Ordinance Amending Fridley City Code Chapter 3 Entitled Personnel, as shown in Attachment 1. 2. A proposed draft resolution, to be adopted after the second reading of the above ordinance, proposes to give the authority to the City Manager authority to formulate and execute such administrative policies, to make rules and regulations for the employment, and approve the non-union employee paid holiday and annual leave cap is shown in Attachment 2. 97 Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY REPEALING CHAPTER 3 ENTITLED "PERSONNEL" IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 3 ENTITLED "PERSONNEL" The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 3 related to Personnel be hereby amended and ordains as follows: SECTION 1: That Chapter 3 Entitled "Personnel" is hereby repealed in its entirety. SECTION 2: That Chapter 3 Entitled "Personnel" is hereby adopted as follows: CHAPTER 3. PERSONNEL 3.01. PURPOSE The purpose of the City's formal personnel policies are to establish standards, conditions and regulations of work and pay in City employment within the City of Fridley, to be applicable to all non-union employees of the City. (Ref.182, 636, 985) 3.02. ADMINISTRATION OF POLICIES The City Manager shall have the power to formulate and execute such administrative policies and to make rules and regulations for the employment of full-time, temporary/seasonal, part- time, paid, on-call firefighters, and contract employees, as well as consultants and independent contractors for services. Such administrative policies, rules, and regulations shall apply to all City employees unless there is a specific provision to the contrary in this Chapter or in a collective bargaining agreement entered into by the City. The administrative policies shall provide for verification and investigation of facts set forth in employment applications, including examination of criminal and traffic records. (Ref. 1007) The City Manager, or respective Department Manager, shall have the power to update these policies at his/her discretion so long as any changes are in compliance with any relevant federal or state laws, rules and regulations, or other guidelines. The City Manager shall effectively communicate any changes in policy to the City Council and City employees. Future significant personnel-related contracts and renewals must be approved by Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2018. SCOTT J. LUND - MAYOR DEBRA A. SKOGEN—CITY CLERK First Reading: Second Reading: Publication: 98 Attachment 2 RESOLUTION NO. 2018- RESOLUTION PROVIDING THE AUTHORITY TO THE CITY MANAGER TO FORMULATE AND EXECUTE ADMINISTRATIVE POLICIES,RULES AND REGULATIONS FOR EMPLOYMENT AND APPROVING NON-UNION EMPLOYEE PAID HOLIDAY AND ANNUAL LEAVE CAP WHEREAS, in 2014, the City of Fridley established the Vision Statement "We believe Fridley is a safe,vibrant, friendly and stable home for families and businesses;"and, WHEREAS, in support of the 2014 Vision Statement, Fridley's leadership comprised of the City Manager, Department Managers and Supervisors/Managers adopted a set of core operating principles and values whereby the workforce strives to be"responsive, driven and friendly;"and, WHEREAS, it is a widely known best practice for organizations (both public,private and non-profit sectors) to establish and maintain personnel policies and procedures to serve as guidelines and standards to manage its workforce; and, WHEREAS, personnel policies help to define the rules, requirements, benefits, and opportunities are often viewed as a reflection of an organization's vision, goals, and values; and, WHEREAS, developing clearly written policies and procedures that are documented, updated, and followed brings structure to an organization and assists in the day-to-day decision-making processes; and, WHEREAS, it is recognized that personnel policies, standards and regulations are frequently impacted due regular and frequent changes driven by complex federal, state, local regulations, changes in legislature, changes in budget, benefits, workforce demands, union negotiations, litigation, etc.; and, WHEREAS, it is necessary for an organization to anticipate and adapt to changes in order to be successful and to remain competitive; and, WHEREAS, policies and procedures need to be adaptable to the needs of the organization and enforced across the organization consistently; and, WHEREAS, policies and procedures also serve as an internal control method so managers and employees cannot take free license to make creative or unauthorized decisions; and, WHEREAS, the City of Fridley's current Personnel Policies—Personnel Ordinance, Chapter 3 in its current form is antiquated, duplicative, and restrictive; and, WHEREAS, City staff has reviewed and researched best practices and contemporary policies, rules and standards for municipalities; and, WHEREAS, City staff have determined that the current policies, standards and rules warrant significant revisions to bring them up-to-date with modern and contemporary business practices; and, 99 Attachment 2 WHEREAS, City staff researched that it appears to be a common practice in local government charter cities for the authority and control of personnel policies to reside with a City Manager/Administrator; and, WHEREAS, in 2016, the Charter Commission recommended a revision to Chapter 6.02 of the Charter granting the City Manager control and direct the administration of the City's affairs subject to the provisions of the Charter; and, WHEREAS, the City Council adopted the revision to its Charter on February 22, 2016, to grant the City Manager control and direct the administration of the City's affairs subject to the provisions of the Charter; and, WHEREAS, it is the intent for the City Manager and Department managers to develop, revise, administer and maintain the personnel policies and effectively communicate and future changes to the policies to Council and City employees; and WHEREAS, the personnel policies, standards and procedures will comply with the powers and directives and duties identified in Chapter 6.02 of the City Code; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley gives the authority to the City Manager to formulate and execute administrative polices, rules and regulations for employment; and BE FURTHER RESOLVED, that the City Council of the City of Fridley hereby approves the paid holiday leave and annual leave cap employee benefits for non-union employees. 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 100 iFIII Fri -� AGENDA ITEM r°fdley CITY COUNCIL MEETING OF NOVEMBER 13, 2018 Date: November 7, 2018 To: Walter T. Wysopal, City Manage- From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving a Transit Oriented Development Master Plan,TOD#18-01, Sherman Associates Development, LLC ANALYSIS Carole Mette, of Sherman Associates Development, LLC, is also requesting a Transit Oriented Development (TOD) Master Plan to allow for the development of the property located at 6050 Main Street and the surrounding unaddressed parcels. This area is the current location of the Northstar Commuter Rail East Fridley Station. , „ _ , These properties are x-1�._,!-.4,' ',1*-,'' within the TOD It Overlay District, so a III TOD Master Plan1, needs to be ,► i.g 'i, ; ! ii , a reviewed and , 'e, a" -1' 4 approved bythe City ' ill } ii> 4 Council before 16 E — ,.e , ■.r= .I, ,1, , i ' development can t ,� 4, I el ! '.!! . ,b, ...16a.,. start. - - - The TOD Master Plan is being requested to allow the construction of a 267-unit mixed-income, transit- oriented, multi-family residential development. The phased project will allow for the construction of a 96-unit market rate building, a 100-unit independent senior market rate building, and a 71-unit affordable multi-family building. Each building will provide modern amenities, including balconies, in-unit washer and dyers, community rooms, fitness centers, etc., and the petitioner is also providing community features such as a clubhouse, an open-air pavilion, sidewalks and trail connections for everyone in the community to share. The petitioner has designed a project that meets the TOD standards that will enhance the development and achieve what the City and HRA were hoping to see with development of this land.A table within the written report attached to this memo highlights how the project complies with the TOD standards. 101 PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed TOD#18-01, in conjunction with the other land use requests for this redevelopment project at their September 19, 2018 Planning Commission meeting. After a brief discussion, the Commission recommended approval,with a added stipulation to install a fence between the subject property and Parson's Electric to the south. THE MOTION CARRIED UNAMIOUSLY. STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission and that the Council approve the attached resolution approving TOD#18-01. STIPULATIONS 1. The property shall be developed in accordance with the site plan submitted for "Fridley Station Village", page#C2-1, by Loucks, dated 11/8/18. 2. The exterior building elevations shall be developed in accordance with the architectural exterior elevations sheets submitted by Kaas Wilson Architects. 3. The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code c. The City's Engineering department—related to grading, drainage, storm pond maintenance agreement, utilities, and utility connection fees d. The City's Planning department—related to landscaping, signage, and the TOD Overlay Zoning District e. The Mississippi Watershed Management Organization 4. All lighting in the development shall be shielded and downcast. Lighting shall be provided through free-standing lighting that adequately illuminates the sidewalk. 5. All crosswalks shall be installed using a colorized pavement pattern when connecting the sidewalk on each side of a driveway. All connections shall be accessible. 6. If the square footage of the footprint of any of the buildings proposed changes by more than 10%at that phase of the development, an S-2 master plan and TOD master plan amendment shall be required. 7. A combination of fencing and landscaping shall be installed along the southern property line of the subject property where the Parson's Electric parking area exists, to discourage pedestrian traffic and use of parking from the residents of the new development. Design shall be reviewed and approved by City staff prior to installation. 102 City of Fridley Land Use Application ZOA#18-03,TOD#18-01 & PS#18-04 September 19, 2018 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF REQUEST Sherman Associates Development, LLC The petitioner, Carole Mette of Sherman Associates Carole Mette Development, LLC is requesting to have the 233 Park Avenue South, Suite 201 property generally located at 6050 Main Street Minneapolis MN 55415 rezoned from P, Public to S-2, Redevelopment Requested Action: District. This property is also part of the Transit Rezoning from Public to S-2, Oriented Development Overlay District, so a TOD Redevelopment District Master Plan is also being requested. Lastly, a re- TOD Master Plan plat is also being requested to create new lots for Plat to create lots for each portion of the each portion of the proposed development, development including a separate lot for the Metro Transit Location: parking lot. 6050 Main Street and surrounding vacant These requests are being requested to allow the parcels construction of three multi-family buildings, which Existing Zoning: will include a market rate building, an affordable Parcels are zoned P, Public building, and a senior housing building. Size: Redevelopment of the site will also include a new 464,960 sq.ft. 10.67 acres surface parking lot required for transit riders. Existing Land Use: STAFF RECOMMENDATION Park and ride parking lot for Northstar City Staff recommends approval of the Rezoning to Commuter Train and Vacant land S-2, Redevelopment District and the TOD Master Plan, with stipulations. Surrounding Land Use&Zoning: • Meets the purpose of the TOD Overlay N: Single Family& R-1 District E: Multi Family&5-1 • Meet the goals highlighted in S: Industrial & M-2 Comprehensive Plan W: Railroad and RR • Provides additional housing opportunities Comprehensive Plan Conformance: City Staff also recommends approval of the plat Future Land Use Map designates this area request. as Redevelopment. CITY COUNCIL ACTION/60 DAY ACTION DATE Legal Description of Property: City Council—October 8, 2018 Lots 1, 1A, 2, 2A, and 3, Fridley Northstar 60 Day Date—October 15, 2018 Station East Staff Report Prepared by: Stacy Stromberg Zoning History: 2008— HRA purchases property and transit shelter and parking are constructed 2009— Lot are platted Public Utilities: Available on-site and in the street Transportation: Property is accessed from Main Street Physical Characteristics: Northstar Commuter Train parking lot and station shelter, storm pond, and vacant grass covered areas 103 Land Use Applications Rezoning, ZOA #18-03, TOD Master Plan, TOD #18-01 and Plat, PS #18-04 THE REQUEST Carole Mette,of Sherman Associates Development, LLC, is requesting three land use items to allow for the development of the property located at 6050 Main Street and the surrounding unaddressed parcels. This area is the current location of the Northstar Commuter Rail East Fridley Station. The three land use items are: 1. Rezoning Request and Subsequent S- 2, Master Plan—These properties are p * ` °° fi`= r s#6.4? _ currently zoned P, Public because the 3, ` City's Housing and Redevelopment i Authority is the property owner. To ; � ; . - . allow for development of the site,the petitioner is asking to have the - . properties rezoned to S-2, Redevelopment District. As part of }; X p that rezoning, a master site plan also 4 t X15° = needs to be approved for the site. rrAtt 2. TOD Master Plan—These properties 1„, are within the TOD Overlay District, so } a TOD Master Plan also needs to be a reviewed and approved by the City % y Council before development can start. I - 411 3. Plat—In order to accommodate the ° .41 development of the subject F _' „„. properties,the petitioner would like e to create new lots for each portion of the development as well as a separate lot for the Metro Transit parking lot. The petitioner is asking for approval of the above requested land use items to allow the construction of a 267-unit mixed income transit-oriented multi-family residential development. The phased project will allow for the construction of a 96-unit market rate building, a 100-unit independent senior market rate building, and a 71-unit affordable multi-family building. NORTHSTAR HISTORY As the Council and Commission will recall, in the late 1990's this site and the site on the west side of the railroad tracks were chosen to be a stop for the Northstar Commuter Rail project that runs from Minneapolis to Big Lake. Despite the fact that there was strong support for the Northstar Project from all elected officials representing Fridley, our Northstar Commuter Rail Station was removed from the Federal Funding Grant Agreement (intended to pay for construction of the stations) in early 2007,as the overall project costs escalated due to negotiations with the Burlington Northern Santa Fe Railway(BNSF). The fees required by BNSF for use of their rails increased the project costs by approximately $10M dollars, requiring the Northstar Commuter Rail Development Authority to cut construction costs by an equal amount. Because of Fridley's location near Minneapolis, its proximity to the BNSF switching yards, and the expense caused by BNSF's insistence of a 104 platform built between the tracks, our station was removed from the initial round of construction and was put on a "deferred" status at the Federal level. Once notified that the Fridley Station would not be paid for with Federal :i , funds, the City's Housing t and Redevelopment 1111111111111111 _ ill-,> .. Authority (HRA) and the it: i ; 41 1 '314, Anoka County Regional Rail Authority (ACRRA) took a number of steps together to move Fridley's Station forward by working collaboratively on the property acquisition and tunnel installation. Lots of creative financing through help from the State and creation of a Transit TIF district helped the HRA be able to acquire the east side station site. The ACRRA had already purchased the west side station site. These two areas were to be connected by a tunnel that would also access the station platform itself, which would be constructed between the existing rail tracks. Installation of the tunnel and construction of the platforms was completed in May of 2008, with trains starting to run in the fall of 2009. PROPOSED PROJECT Over the last year, the City's (HRA) staff has been working with Sherman and Associates to develop an overall master plan for this site and in April of this year a redevelopment contract was signed between the HRA and Sherman for the proposed project. During this time,staff has also been in discussion with Metro Transit about reducing the amount of required parking stalls dedicated to Northstar. After much review, Metro Transit has ►r F:,t-Batt Building decided to reduce the number of stalls from 330 stalls to 80 stalls. Mr. Bolin,the HRA's 1I 1 , a Assistant Executive Director, , Tn !I !!I and Metro Transit are in the ,..� ''° ' III '� *� ' !I III process of amending the ; .t" I !I Nil • iii IRI p parking lease between the HRA - ,.4 ,, w l i E a i it � u 11 I!i 't and Metro Transit to make this modification. The proposed development will be called, "Fridley Station Village",and allow for the construction of a 267-unit mixed income transit-oriented multi-family residential development that will promote walking, biking and mass transit. The project will consist of 3 buildings: 1. The market rate building will be 4 stories of living space with underground parking. It will have 96 multi-family apartment units that will include a mix of studios, 1, and 2 bedrooms. There will be 72 underground parking stalls and 42 surface parking stalls. 105 2. The senior building will have 3 stories of living space with underground parking. It will have 100 units of independent living for those 55 and Senior Building up. There will be a mix of l �� • '3 bedroom, 1 7 �� bedroom + den, P • ., and 2 bedroom v ` ` units. There willT be 119u a underground parking stalls and 41 surface parking stalls. 3. The affordable building will be 4 stories of living space with underground parking. It will provide 71 units of 1, 2, and 3 bedroom options with 66 underground parking stalls and 43 surface parking stalls. This building will provide housing for those families earning below 60%Area Median Income (AMI). • : :. The petitioner notes in their Affordable Bti` `` narrative that, "in order to make toc •� 4:� tie a �� "'�III +«II t' in a_ au �p it the most efficient use of the site ". #;� I � � `,� i and to achieve the appropriate ,E density,the proposed buildings - have been designed and located around the perimeter of the site in order to establish an urban — environment. The buildings _tet; address surrounding primary streets (61St and Main Street)with minimized setbacks and main entries are interior to the site to connect the buildings to the provided green space, shared parking, and transit connections." Each building will provide modern amenities, including balconies, in-unit washer and dyers, community rooms, fitness centers, etc., and the petitioner is also providing community features such as a clubhouse, an open-air pavilion,sidewalks and trail connections for everyone in the community to share. REZONING TO S-2, REDEVELOPMENT DISTRICT AND MASTER PLAN ANALYSIS The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another,so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's 2030 future land use map designates this area as "Redevelopment." Based on the Northstar TOD Master Plan that was approved by the City in 2014,the Draft 2040 Comprehensive Plan designates the subject property for Multi- Family and Public/Semi-Public" use,which supports approval of the proposed rezoning. The current zoning of all the subject properties is P, Public Facilities because they are all owned by the City' HRA. The petitioner is requesting in coordination with the HRA to have the property rezoned to Redevelopment District,and the attached site plan will become the master plan for the site. If the rezoning and subsequent master plan is approved by the City Council,any modification of the site plan would need to go back to the City Council for review and approval. 106 Review and Recommendation is also required by the HRA to the City Council before the master plan can be approved. The HRA has seen the plans and approved the development contract for the proposed project at their May 3, 2018 meeting. TOD MASTER PLAN ANALYSIS The Planning Commission and City Council will recall that in 2011, the Transit Oriented Development(TOD) Overlay District was approved. The subject properties are within the TOD Overlay District. See map to the right, the black dashed line shows the TOD district boundaries. Subject Properties The purpose for the adoption of the TOD Overlay was to: a�.Co i�ea ,,? i- y;:�u I El 1C1�d4E'�l7�Gi" �ocgo ��'�LC'G► F��ueo A. Encourage dense, mixed use, Wa000!.4 •3i■' 0 9 �'�`' �e Walt DDC. ®7d■ r.�� m©v�,�a �.ti rr,,,.�chk.,.� Ev pedestrian friendly development cocoeono Ell �a . �elop..,,,,.O,,,,„onti �'f,-,9n min i o .�L c me +swww, within a one-half mile of the 0was HJ Northstar Commuter Rail Station in LIE E4,.,, r� Fridley. �' ® ._ cr. , m E o B. Create multi modal connections to ; � - a,©o Eo E i the Fridley Northstar Commuter � .eo ET Rail Station that allow for safe Ai access to the station no matter ra ,.,4:-.':::::—:.' what means of transportation "": k "' 0 caaamcca )-- someone uses. r17...=.:_-..-17- C. Create a neighborhood identity ` '- with the Northstar Station thatill 4 � r I promotes the use of mass transit, � ,p�.a' e—„. /Ain" •- -,r,„, Q human interactions,safety and ,, - - r livability. D. Reduce automobile dependency by locating a variety of land uses within a half mile of the train station. E. Provide life cycle housing for people of different income levels and housing space needs within one half mile of the train station. The proposed development is the City's 4th TOD Overlay Master Plan request that aims to achieve the desires the City set forth when creating this district. The first two TOD master plans approved by the City were by the Anoka County Community Action Program for the properties at 6000 and 6008 2"d Street in the Hyde Park zoning district and by John Allen for his property at 5601 East River Road. Neither of those projects ended up being constructed. The 3'TOD master plan approved was for the Cielo development, and the third phase of that project is being constructed now. When a new project is proposed in the TOD Overlay, it needs to comply with the TOD standards that were designed to enhance the pedestrian scale and safety of any particular development. The TOD Overlay allows for flexibility when designing a development project that encourages dense, mixed use, pedestrian-friendly developments. It was also created to minimize the use of the automobile by allowing a reduction in parking requirements and ensure a safe walking/biking environment. 107 The petitioner has designed a project that meets the TOD standards that will enhance the development and achieve what the City and HRA were hoping to see with development of this land. See below table showing what the TOD Overlay regulations and how the petitioner plans to comply with those regulations. Standard Zoning/TOD Regulations Fridley Station Village Lot Coverage 40%-can be exceeded 21%for the development. where vehicle parking is shared, underground, or structured, provided all landscaping requirements are met. Front yard Maximum 15 ft. The market-rate building will be located on setback(code the corner of 61'Avenue and Main Street. requires the It is proposed to be 17 ft. from 61'Avenue narrowest street and 15 ft. from Main Street. The existing frontage, 61St sidewalk along the north side of the Avenue property is off the curb to the property line assumed) and on the east side of the property a portion of the sidewalk is on the property, so proposed setbacks are acceptable. Side yard Maximum 15 ft. The setback for the senior building along setback the rail is 41 ft.When declaring setback requirements for the TOD overlay, it wasn't expected that the side yard setback from the railroad should be 15 ft. Due to the heavy train traffic and potential noise and vibration issues, if the petitioner is comfortable placing the building 41 ft. from the property line that is acceptable. Corner Lot Maximum 15 ft. 15 ft.—achieved. Setback(Main Street assumed) Rear Yard As close as 15 ft. but can be 19 ft.to the affordable building. Setback further. Height(R-3 Maximum 65 ft. Approximates: zoning) Market-rate building is 46 ft. Senior building is 35 ft. Affordable building is 41 ft. Entrance Primary public street, Both 61'Avenue and Main Street would be Orientation identified from the street considered the primary public streets, esp. with delineated elements, at the corner. Each building proposed has such as roof overhangs, delineated elements along the exterior of recessed entries, the structures to provide visual interest. A landscaping. mix of landscaping is also incorporated which creates an amenity on the site. Facade Building 40 ft. in width or Achieved on all buildings proposed through Articulation more shall be divided into use of"bump-outs" and "in-sets" as well as smaller increments. window placement and balconies. They are 108 also using a combination of textures and materials on each building to create building interest. Building Face No blank walls facing the Achieved as proposed. street,variations in detailing, color and materials shall exist on the building. Door&Window Windows and door opening Achieved as proposed. Openings shall comprise at least 50% of the length of the main floor of the primary street façade. Building High quality materials, such Achieved as proposed. Through use of a Materials as brick, stone,textured cast variety of different materials and colors. stone, EFIS, or tinted Materials will include cement fiber board masonry. (Hardieboard), brick, masonry,veneer, stone, and aluminum balconies. Refuse& Common storage area, Achieved—will be inside the building. Recycling screened from the public Storage right-of-way, enclosed inside the building is encouraged. Parking for 1 1/2 stalls per 1 bedroom, Market-rate building—Code requires 161 Multi- plus 1/2 stall per each stalls. 114 stalls proposed. 72 family/senior additional bedroom. underground stalls and 42 surface stalls. building (R-3 Independent senior living—1 Deficient 47 stalls zoning for multi- stall for every dwelling unit, Senior building—Code requires 100 stalls. family) with 50%of the stalls 160 stalls proposed. 119 underground covered. stalls and 41 surface stalls. In excess of 60 stalls Affordable building—Code requires 145 stalls. 109 stalls proposed. 66 underground stalls and 43 surface stalls. Deficient 36 stalls Overall site deficient 23 stalls Parking (TOD) No parking between the All parking takes place within the center of front facade and the primary the site as the buildings are along the street. Parking in the rear or perimeter of the site. side yard only. The number of stalls is at 94%,which Number of parking stalls achieves the number of stalls the TOD shall not exceed 120%of the requires. minimum number of stalls Reliance on vehicles is intended to be required by the underlying limited in the TOD district with an emphasis zoning district. on the opportunities for multi-modal transportation. We have learned with the development of Cielo that if residents don't use transit,the management company needs to control the amount of vehicles spaces tenants are allowed, so there is enough parking and 109 street parking doesn't become an issue. This development is meant to interact as one community and with Metro Transit having an additional 83 parking stalls,there is an opportunity for a shared parking arrangement. Bicycle Parking One space required for every 19 spaces needs to be made available 20 automobile spaces. based on number of parking stalls— petitioner is aware of this requirement and plans to provide sufficient spaces. Landscaping for Requires 1 tree for every Based on building floor area for all (3) Multi-Family (R- 1,000 sq.ft. of floor area or 1 buildings, 100 trees are required. An 3 zoning) tree for every 50 ft.of site additional 8 trees is required for each (8) perimeter parking stalls (surface stalls for Sherman Also requires 1 tree for every development not Metro Transit parking) 15 parking stalls Total trees required is 108. Landscaping Requires that the Proposed plan shows 114 trees. Shrubs, (TOD) development follow the grasses and perennials with also be landscape requirements for incorporated throughout the development. the underlying zoning The development will also include a district; however, clubhouse for the residents, park areas and substitutions can apply. other individualized amenities depending Substitutions can include: upon which building a resident is living in. shrubbery planting beds and Examples: outdoor pool, indoor pool, splash flower beds, decorative light pad, tot lot. poles, sculptures, planters, benches. Water Drip irrigation is encouraged; All green areas will be irrigation; drip regular irrigation is required irrigation is encouraged where useful. for all other green areas. Sidewalks Minimum 5 ft. width shall be 5 ft. concrete sidewalks are situated provided on all street throughout the entire development area. frontages. Colorized crosswalks will need to be Colorized pavement pattern identified upon building permit application. connecting the sidewalk on each side of the driveway shall be incorporated and accessible. Lighting Lighting plan and fixture Petitioner is aware and final lighting design specification schedule shall will occur prior to building permit. be provided. They shall also be pedestrian-oriented. Free-standing Only regulates electronic Petitioner has yet to determine the type of Sign (TOD) changeable signs and free-standing sign they plan to incorporate encourages door and in the development. window awnings. Fencing Decorative fencing shall be Decorative fencing will be used where 110 the same color,type,and appropriate on site. style used in adjacent TOD streetscape or of similar design approved by the City. Outdoor Dining Outdoor dining can be An open-air pavilion and grills are proposed incorporated into the front within the park area. and side yard setback up to 5 ft. from the property line. Farmers Market Parking areas may be used Could be incorporated in the future. for Farmers Markets with a City permit. PRELIMINARY PLAT ANALYSIS In order to accommodate the development of the subject properties,the petitioner would like to create 4 new lots for each portion of the development, including a separate lot for the Metro a Eg Transit parking lot. 61ST AVENUE,•E Lot 1 (orange)will be for the Metro Transit parking _ r ' lot and Northstar east station building. It will be _ %T. =` S 88,484 sq. ft. is size. Lot 2 (blue) will be for the ,a market-rate building and will be 117,262 sq. ft. in ` size. Lot 3 (yellow)will be for the affordable building " and will be 82,603 sq.ft. Lot 4(red) will be for the senior building portion of the development and willEl s be 176,582 sq.ft. in size. _ # Creation of the new lots and legal descriptions will t make it easier for Metro Transit to own their own y © Y , - parcel and to provide financing for each building f in type. 3 • STAFF RECOMMENDATION AVE City Staff recommends approval of the Rezoning to S- _ I 2, Redevelopment District,ZOA#18-03 and the TOD Master Plans, TOD#18-01, with stipulations. • Meets the purpose of the TOD Overlay District. i } • Proposed use meets the goals highlighted in the 2030 Comprehensive Plan. • Provides additional housing opportunities. City Staff recommends approval of preliminary plat, PS#18-04. STIPULATIONS FOR S-2 MASTER PLAN, MP#14-01 AND TOD MASTER PLAN,TOD#14-01 1. The property shall be developed in accordance with the site plan submitted for"Fridley Station Village", page#C2-1, by Loucks, dated 11/8/18. 111 2. The exterior building elevations shall be developed in accordance with the architectural exterior elevations sheets submitted by Kaas Wilson Architects. 3. The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code c. The City's Engineering department—related to grading, drainage,storm pond maintenance agreement, utilities, and utility connection fees d. The City's Planning department—related to landscaping,signage, and the TOD Overlay Zoning District e. The Mississippi Watershed Management Organization 4. All lighting in the development shall be shielded and downcast. Lighting shall be provided through free-standing lighting that adequately illuminates the sidewalk. 5. All crosswalks shall be installed using a colorized pavement pattern when connecting the sidewalk on each side of a driveway. All connections shall be accessible. 6. If the square footage of the footprint of any of the buildings proposed changes by more than 10%at that phase of the development, an S-2 master plan and TOD master plan amendment shall be required. 7. A combination of fencing and landscaping shall be installed along the southern property line of the subject property where the Parson's Electric parking area exists, to discourage pedestrian traffic and use of parking from the residents of the new development. Design shall be reviewed and approved by City staff prior to installation. 112 RESOLUTION NO. 2018 - RESOLUTION APPROVING A TRANSIT ORIENTED DEVELOPMENT MASTER PLAN,TOD #18-01,BY SHERMAN ASSOCIATES DEVELOPMENT,LLC, ON BEHALF OF THE PROPERTY OWNER, THE CITY OF FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY, TO ALLOW THE DEVELOPMENT OF THE PROPERTIES GENERALLY LOCATED AT 6050 MAIN STREET NE WHEREAS, Section 205.33.07 of Fridley City Code requires that any project within the TOD District shall submit plans to be reviewed by the Planning Commission, the Housing and Redevelopment Authority, and the City Council; and WHEREAS, the Planning Commission held a public hearing on September 19, 2018 to consider a TOD Master Plan Request, TOD #18-01, by Sherman Associates Development, LLC for the properties generally located at 6050 Main Street NE in Fridley, legal descriptions attached as EXHIBIT A, and recommended approval said TOD Master Plan; and WHEREAS, the Fridley Housing and Redevelopment Authority reviewed the application at their May 3, 2018 meeting and also recommended approval to the City Council; and WHEREAS, the City Council approved the TOD MASTER PLAN, TOD#18-01 at their November 13, 2018 meeting, with stipulations attached as Exhibit B; and WHEREAS, a copy of the MASTER SITE PLAN has been attached as Exhibit C. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves TOD MASTER PLAN, TOD #18-01 for SHERMAN ASSOCIATES DEVELOPMENT, LLC and sends notice to the petitioner that any substantial modification to the approved master site plan as shown in Exhibit C, will require further review by the Planning Commission and City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF NOVEMBER 2018. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN—CITY CLERK 113 EXHIBIT A TOD# 18-01 TOD Master Plan Sherman Associates Development, LLC Legal Descriptions: Five parcels of land, generally located at 6050 Main Street with Parcel Identification Numbers of: 223024110020, 223024110021, 223024110022, 223024110023, 223024110024 and; legally described as: Lots 1, 1A, 2, 2A, and 3, Fridley Northstar Station East, Anoka County, Minnesota. 114 EXHIBIT B TOD# 18-01 TOD Master Plan Sherman Associates Development, LLC Stipulations: 1. The property shall be developed in accordance with the site plan submitted for"Fridley Station Village", page#C2-1, by Loucks, dated 8/17/18. 2. The exterior building elevations shall be developed in accordance with the architectural exterior elevations sheets submitted by Kaas Wilson Architects. 3. The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code c. The City's Engineering department—related to grading, drainage, storm pond maintenance agreement, utilities, and utility connection fees d. The City's Planning department—related to landscaping, signage, and the TOD Overlay Zoning District e. The Mississippi Watershed Management Organization 4. All lighting in the development shall be shielded and downcast. Lighting shall be provided through free-standing lighting that adequately illuminates the sidewalk. 5. All crosswalks shall be installed using a colorized pavement pattern when connecting the sidewalk on each side of a driveway. All connections shall be accessible. 6. If the square footage of the footprint of any of the buildings proposed changes by more than 10% at that phase of the development, an S-2 master plan and TOD master plan amendment shall be required. 7. A combination of fencing and landscaping shall be installed along the southern property line of the subject property where the Parson's Electric parking area exists, to discourage pedestrian traffic and use of parking from the residents of the new development. Design shall be reviewed and approved by City staff prior to installation. 115 Fridley CITY COUNCIL MEETING R. OF NOVEMBER 13, 2018 To: Walter T. Wysopal, City ManaggW From: Brian Weierke, Public Safety Director Date: November 13, 2018 Re: Resolution Authorizing Agreement with Ramsey County Fire Chief's Association to Provide for Automatic Dispatch of Fire Resources in the Event of a Confined Structure Fire in Fridley or New Brighton The Fridley Public Safety Department and New Brighton Public Safety have agreed to join into an agreement to provide automatic aid, or"closest unit", for portions of the City of New Brighton and Fridley. Automatic aid allows the 911 dispatcher to "automatically" send prearranged emergency equipment to the city in need. In this case, Ramsey County dispatch would request a fire engine from Fridley for any "confirmed" structure fire in the area designated in New Brighton. In return, Fridley would receive automatic aid from New Brighton for a fire engine for any"confirmed"structure fire in the designated area in Fridley. The agreement is with the Ramsey County Fire Chief's Association but allows the Cities of Fridley and New Brighton to determine the extent of the assistance required. Any party may act by resolution to opt out of its participation with at least 60 days written notice of termination to the President, the applicable County Emergency Communications Center, and each of the other Parties. The Fridley Fire Department currently operates under an automatic aid policy with the SBM, Columbia Heights and St. Anthony Fire Departments. St. Anthony currently has to travel through New Brighton to reach fires in Fridley and will discontinue our auto aid with St. Anthony at the end of 2018. We will continue to work with St. Anthony Fire within our mutual aid requests. Automatic aid is critical to a quick response and providing enough firefighters in the event of a structure fire. The City of Fridley relies on automatic aid to meet the standards for response to a structure fire. This new auto aid with New Brighton will not change our staffing levels and provide better coverage for our Fridley community. We are not anticipating a large effect on the number of fire calls either Fridley or New Brighton will respond to in the future. This auto-aid agreement with New Brighton will go into effect on January 1, 2019. Staff is recommending adoption of a resolution authorizing an agreement with the Ramsey County Fire Chief's Association to allow for automatic aid between the cities of New Brighton and Fridley in the event of a confirmed structure fire, as shown in Attachment 1. 116 ATTACHMENT 1 RESOLUTION NO. 2018 - RESOLUTION AUTHORIZING EXECUTION OF MUTUAL AID AGREEMENT TO PROVIDE FOR THE AUTOMATIC DISPATCH OF THE CLOSEST EMERGENCY RESPONSE UNIT REGARDLESS OF JURISDICTIONAL BOUNDARIES WHEREAS, the City of Fridley recognizes automatic aid to be a critical response to emergencies regardless of jurisdictional boundaries. WHEREAS, the City of Fridley Public Safety Department and the Ramsey County Fire Chief's Association have agreed to enter into an agreement to provide automatic aid or "closest unit" for portions of the City of New Brighton and Fridley for confirmed structure fires. WHEREAS, Automatic aid allows the 911 dispatcher to "automatically" send prearranged emergency equipment to the city in need. WHEREAS, Ramsey County Dispatch would request an emergency response unit from Fridley for any confirmed structure fire in the area designated in New Brighton. WHEREAS, the City of Fridley would receive automatic aid from New Brighton for an emergency response unit for any confirmed structure fire in the designated area in Fridley. NOW, THEREFORE, BE IT RESOLVED that the Fridley Public Safety Department enter into an agreement with the Ramsey County Fire Chiefs Association to allow for automatic aid between the cities of New Brighton and Fridley in the event of a confirmed structure fire. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER,2018. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 117 MUTUAL AID AGREEMENT TO PROVIDE FOR THE AUTOMATIC DISPATCH OF THE CLOSEST EMERGENCY RESPONSE UNIT REGARDLESS OF JURISDICTIONAL BOUNDARIES This Mutual Aid Agreement("Agreement") is made and entered into this day of , 2016 by and among Cities of Fridley, Saint Paul, Roseville, Little Canada Fire Department Inc., Maplewood, Falcon Heights,North Saint Paul,New Brighton, White Bear Lake, and the Lake Johanna Fire Department Inc. (collectively the "Cities" or "Parties"and individually the "City" or the "Party"). RECITALS A. The Cities/Parties desire to enter into this Agreement to authorize their respective fire departments to provide, and for the participating Cities/Parties to receive, automatic mutual aid to dispatch the closest equipment and personnel to emergency events to provide assistance in the form of fire, rescue, and related services; B. The Cities/Parties are authorized under Minnesota Statutes, section 471.59 to cooperatively exercise their commonly held powers and mutual aid agreements are critical to providing and supporting emergency services; C. The Cities/Parties determine that providing for the automatic dispatch of the closest emergency unit as is authorized in this Agreement is in their best interests and they desire to create an opportunity for other cities and towns to participate in this Agreement. AGREEMENT In exchange for the mutual promises made herein, the Parties hereby agree as follows: DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the meanings given them below. 1. "Agency" means the fire department, fire station, or fire unit called upon to provide Assistance to an Emergency Event. 2. "Assistance"means the provision of fire personnel and equipment in response to an Emergency Event. 3. "Dispatcher"means the person at the applicable public safety access point that receives reports of Emergency Events and selects the appropriate Agency to respond to and provide Assistance for the Emergency. 4. "Emergency" any request for fire department assistance. 1 118 5. "Emergency Events"means any Emergency incident in which an Agency may be called upon by a Dispatcher to provide Assistance within the scope of the Agency's service capabilities as determined by the respective member Cities and communicated in writing to the Emergency Communications Center. 6. "President"means the president of the Ramsey County Fire Chiefs Association. 7. "Protection Area"means the area within the Cities of Fridley, Saint Paul, Roseville, Little Canada, Maplewood, Falcon Heights, North Saint Paul, North Oaks, Shoreview, Arden Hills, Lauderdale,New Brighton, and any additional city or town that joins this Agreement as provided herein. 8. "Requesting Party"means a Party which requests assistance from another Party to this Agreement and each such responding Party is considered a Sending Party. 9. "Sending Party"means a Party called upon to provide Assistance to another Party and which actually provides Assistance to the Requesting Party. 10. "Specialized Activities"means the provision of non-emergency assistance including, but not limited to, training of personnel and associated equipment and facilities. II. AUTHORIZATION Each of the Cities participating in this Agreement hereby authorize their respective fire Agencies to respond to and receive automatic mutual aid services pursuant to the terms of this Agreement and to otherwise take such actions as are needed to provide and receive Assistance as provided herein. III. TERM AND TERMINATION This Agreement shall be effective as of the date first written above and shall be ongoing until terminated as provided herein. Each City shall act by resolution to adopt this Agreement and shall forward a fully executed copy of its resolution and a signed original of this Agreement to the President of the Ramsey County Fire Chiefs Association. Any Party may act by resolution to opt out of its participation in this Agreement. No such resolution shall be effective until the Party provides at least 60 days' written notice of termination to the President, the applicable County Emergency Communications Center, and each of the other Parties. The resolution must indicate the date of withdrawal from this Agreement, which must be sufficiently in the future to allow for the 60 day notice. The notice shall include a fully executed copy of the termination resolution. IV. AUTOMATIC MUTUAL AID PROCEDURE 1. Whenever a Party to this Agreement receives a call for Assistance for an Emergency Event occurring within its jurisdictional boundaries, that call will automatically be 2 119 dispatched to the Agency having primary jurisdiction, as well as to any Agency for which the Dispatcher or Computer Aided Dispatch System (CAD)determines may provide a more timely response. The Sending Party shall respond to the call and make necessary Assistance available without undue delay. The typical response from the Sending Party shall be one apparatus and crew. The extent of Assistance provided by the Sending Party shall be determined solely by the Sending Party based on its established response criteria and procedures. In the event a Sending Party determines it will not be able to provide Assistance, the fire official for the Agency making that determination shall immediately notify the Requesting Party. 2. The first arriving unit shall be in command of the emergency scene, until relieved by the Requesting Party. The Sending Party's fire official shall retain direction and control of the Sending Party's fire personnel and equipment on the scene. 3. Each Party, whether it be the Requesting Party or a Sending Party, shall be responsible for injuries or death of its own personnel. Each Party shall maintain workers' compensation insurance or self-insurance coverage covering its own personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue the other Party for any workers compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of the other Party or its officers, employees. 4. Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives the right to sue the other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of the other Party or its officers, employees, or volunteers. 5. Specialized Activities of non-emergency nature may be requested and/or provided by both parties to the Agreement. There is no obligation on the part of a Sending Party to provide Specialized Activities. 6. No charge shall be made to either party for Assistance rendered under this Agreement for incidents with duration under eight (8) hours. Provided, however, that in the event the Requesting Party is reimbursed for said personnel, equipment, or any other costs from a party or parties responsible for the Emergency, or is otherwise reimbursed by a third party source, then reimbursement, on a pro-rata basis, shall be made to the Sending Party for any equipment or personnel charges. V. COOPERATIVE IMPLEMENTATION The Parties agree to work in good faith through their respective Agencies to cooperatively establish any specific response criteria or procedures as they may determine are needed to implement this Agreement. Such criteria and procedures do not necessarily need to be the same for each Party, but they shall not be contrary to the 3 120 primary purpose of this Agreement. Each Party shall be responsible for communicating in writing its response criteria and procedures to each of the other Cities, the President, and the applicable County Emergency Communications Center. VI. LIABILITY AND INDEMNIFICATION 1. For the purposes of the Minnesota Municipal Tort Liability Act(Minnesota Statutes, chapter 466), the employees and officers of the Sending Party are deemed to be employees (as defined in Minnesota Statutes, section 466.01, subdivision 6) of the Requesting Party. For all other purposes, all personnel remain the employees of their respective Party during the performance of duties under this Agreement. 2. The Requesting Party agrees to defend and indemnify the Sending Party against any claims brought or actions filed against the Sending Party or any officers, employees, or volunteers of the Sending Party for injury to or death of any third person or persons, or damage to the property of any third person or persons, arising out of the provision of Assistance by the Sending Party under this Agreement. Under no circumstances, however, shall a Party be required to pay on behalf of itself and other Parties, any amounts in excess of the limits on liability established in Minnesota Statutes, chapter 466 applicable to any one Party. As provided in Minnesota Statutes, section 471.59, subdivision 1 a, for the purposes of determining total liability the Parties shall be considered a single governmental unit and the total liability for the Parties shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes, section 466.04, subdivision 1. Nothing in this Agreement shall be interpreted as any of the Parties waiving any exemptions or limitations on liability available to them under law. The intent of the indemnification requirement of this section is to impose on each Requesting Party a limited duty to defend and indemnify any Sending Party for claims arising within the Requesting Party's jurisdiction subject to the liability limits under Minnesota Statutes, chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of liability claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to the defended by a single attorney. 3. No Party to this Agreement, nor any officer of any Party, shall be liable to any other Party or to any other person for failure of any Party to furnish Assistance to any other Party, or for recalling Assistance. VII. ADDING MEMBERS Any other city/town/fire department corporation adjacent to the Protection Area may join this Agreement upon the written consent of all of the existing Parties to this Agreement that abut upon the boundaries of the joining Party, the adoption by the joining Party a resolution authorizing execution of this Agreement, and the filing of a copy of the 4 121 executed resolution and this Agreement with the President. The Ramsey County Fire Chiefs may impose reasonable conditions on the admission of additional cities and establish procedures for removal of a Party for cause. The addition of a Party to this Agreement as provided herein does not require an amendment to this Agreement. The joining Party shall become subject to the terms and conditions of this Agreement as of the effective date of its participation in the sharing of services under this Agreement as determined by the President. VIII. MISCELLANEOUS 1. This Agreement may be amended by written agreement of the all of the Parties. 2. The Parties will execute this Agreement in any number of duplicate originals, each of which constitutes an original, and all of which, collectively, constitute only one Agreement. Each Party will deliver enough executed counterpart signature pages so that all of the Parties will have a fully executed original of this Agreement. The President will coordinate the delivery of the signature pages and compiling and delivering originals of the Agreement to each of the Parties. 3. This Agreement is made under the law of the State of Minnesota. 4. This Agreement is entered into for the benefit of the Parties and is not intended to provide any rights to any third parties. 5. This Agreement is not exclusive and is not intended to replace any other mutual aid agreements any of the Parties may have in place. IX. EXECUTION Each Party has read, agreed to, and executed this Agreement on the date indicated below. [signature pages follow] 5 122 CITY OF FRIDLEY Adopted on the day of 2016. By By Its Its 6 123 AGENDA ITEM Cirri."' CITY COUNCIL MEETING OF NOVEMBER 13, 2018 TO: Walter Wysopal, City Managg PW18-066 FROM: James Kosluchar, Public Works Director DATE: November 7, 2018 SUBJECT: Agreement Number 1031839 with MNDOT for 1-694 and East River Road Traffic Control Signal Replacement MNDOT has programmed replacement of the signal at the 694 Exit Ramp for East River Road for 2019. The existing signal is nearing 42 years old (reconstructed in 1977) and is due for replacement before it becomes unreliable or maintenance costs become prohibitive. The proposed project includes several upgrades to the traffic signal system. MNDOT has requested that the City of Fridley approve the attached signal agreement. Maintenance responsibilities for the signals would remain the same as in the existing signal agreement. MnDOT is responsible for operation and major maintenance,the City is responsible for minor signal maintenance and luminaire maintenance, along with power costs. The standard cost share agreement for reconstruction of these signals is 50% local and 50% MnDOT. The local share of the project would be split between the City of Fridley and Anoka County. In our historic cost-share agreement with Anoka County,the City and County would share equally in the local cost of this reconstruction(each paying just over$125,000). However,staff has been working with the Anoka County Highway Department to revise and balance this agreement. The result will be that the City of Fridley will share in providing the cost of the Emergency Vehicle Pre-emption (EVP) system serving our first responders, and half of any pedestrian-related improvements. This will mean that the City will provide$18,805.50,while Anoka County will provide $232,321.50 for this project. MnDOT will provide a matching amount of$251,127.00 for the project. Staff has been notified that its Municipal State Aid System(MSAS)fund advance request has been approved. This will allow the City to use its 2019 MSAS funds to complete its portion of the project. Staff recommends the City Council move to approve the attached resolutions that 1)approve execution of an agreement for replacement of the Traffic Control Signal at 694 and East River Road, and 2)allow the use of 2019 MSAS funds to fund the City's cost share amount. If approved, staff will notify MnDOT and Anoka County of the approval, and MnDOT will set a bid letting date for the project. JPK:jpk Attachments 124 RESOLUTION NO. 2018- RESOLUTION APPROVING AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR REPLACEMENT OF THE EXISTING TRAFFIC CONTROL SIGNAL AT INTERSTATE 694 AND EAST RIVER ROAD WHEREAS, on February 16, 1970, the City of Fridley passed Resolution No. 25 approving an agreement with the Minnesota Highway Department to for construction and maintenance of a new traffic control signal system at Interstate 694 and East River Road, and WHEREAS,on November 14, 1977,the City of Fridley passed a resolution approving an agreement with the Minnesota Highway Department and Anoka County for reconstruction of the traffic control signal system and to install ramp control signals at Interstate 694 and East River Road, and WHEREAS, subsequent resolutions by the City of Fridley approved agreements for signal interconnection and Emergency Vehicle Pre-emption System(EVP System), and WHEREAS, the State of Minnesota Department of Transportation(MNDOT)has determined that there is justification and it is in the public's best interest to remove the existing traffic control signal system and install a new traffic control signal system including a new EVP system and ADA upgrades,and WHEREAS, the City of Fridley has requested and MNDOT agrees to the installation of an Emergency Vehicle Pre-emption System and requested ADA upgrades, and WHEREAS, MNDOT has included this project in the 2019 State Transportation Improvement Plan(STIP), NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as follows: That the City of Fridley enter into the attached MnDOT Agreement No. 10131839 with the State of Minnesota, Department of Transportation for the following purposes: 1. To provide for payment of an estimated$18,805.50 by the City to the State of the City's share of the costs of the Traffic Control Signals construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 694 ramps at County State Aid Highway(C.S.A.H.)No. 1 (East River Road)within the corporate City limits under State Project No. 0285-67, State Aid Project No. 002-601-052,and State Aid Project No. 027-020-032(T.H. 694=393) IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF NOVEMBER, 2018. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk 125 MnDOT Contract No: 1031839 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF FRIDLEY And ANOKA COUNTY TRAFFIC CONTROL SIGNAL AGREEMENT State Project Number(S.P.): 0285-67 City: Total Obligation $18,805.50 Trunk Highway Number(T.H.): 694=393 State Aid Project Number(S.A.P.): 002-601-052 State Aid Project Number(S.A.P.): 027-020-032 Signal System "A" ID: 2397011 Signal System "B" ID: 2397012 County: Total Obligation $232,321.50 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation("State")and the City of Fridley acting through its City Council ("City")and Anoka County acting through its Board of Commissioners("County"). Recitals 1. The State will remove the existing traffic control signals and install new traffic control signals with signal pole mounted luminaires and signing("Signal Systems"),on Trunk Highway (T.H.)No. 694 south ramps at County State Aid Highway (C.S.A.H.)No. 1 (East River Road), on Trunk Highway(T.H.)No. 694 north ramps at County State Aid Highway(C.S.A.H.)No. 1 (East River Road), and install Interconnect along County State Aid Highway(C.S.A.H.)No. 1 (East River Road)from Trunk Highway(T.H.)No. 694 south ramps to Trunk Highway(T.H.)No. 694 north ramps in the City of Fridley,Anoka County, Minnesota, according to State-prepared plans, specifications and special provisions designated by the State as State Project No. 0285-67, State Aid Project No. 002-601-052, and State Aid Project No. 027-020-032 (T.H. 694=393)("Project"); and 2. The State will install Emergency Vehicle Pre-emption Systems("EVP Systems")as part of the new Signal Systems;and 3. The State will furnish a cabinet and controller("State Furnished Materials"),according to the Project Plans,to operate the Signal Systems covered under this Agreement;and 4. The City and County wish to participate in the costs of the Signal Systems, EVP Systems and Interconnect construction, State Furnished Materials lump sum amounts and associated construction engineering;and 5. The City, County and the State will participate in the operation and maintenance of the new Signal Systems, EVP Systems and Interconnect; and 6. Minnesota Statutes § 161.20,subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. -1- 126 MnDOT Contract No: 1031839 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation,the following clauses: 8.Liability; Worker Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law;Jurisdiction; Venue; and 14.Force Majeure. The terms and conditions set forth in Article 3. Signal Systems and EVP Systems Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another agreement between the parties. 1.4. Plans,Specifications,Special Provisions. Plans, specifications and special provisions designated by the State as State Project No. 0285-67, State Aid Project No. 002-601-052,and State Aid Project No. 027-020-032 (T.H. 694=393)are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota,and incorporated into this Agreement by reference("Project Plans"). 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer and County Engineer and attached and incorporated into this Agreement. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction,Supervision and Inspection of Construction. The State will direct and supervise all construction activities performed under the construction contract,and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. 2.3. Plan Changes,Additional Construction,Etc. A. The State will make changes in the Project Plans and contract construction, which may include City and County participation construction covered under this Agreement, and will enter into any necessary addenda and change orders with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City and or County officials of any proposed addenda and change orders to the construction contract that will affect the City and or County participation construction covered under this Agreement. B. The City or County may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letters with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the Project,the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 3. Signal Systems and EVP Systems Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal Systems and EVP Systems on T.H. 694 south ramps at C.S.A.H. 1 (East River Road)(Signal System "A"), and on T.H. 694 north ramps at C.S.A.H. 1 (East River Road)(Signal System "B"), and for the Interconnect along C.S.A.H. 1 (East River Road) from T.H. 694 south ramps to T.H. 694 north ramps. 3.1. City Responsibilities. A. Power. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pads or poles and will pay all monthly electrical service expenses necessary to operate the Signal Systems,EVP Systems,and Interconnect. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. -2- 127 MnDOT Contract No: 1031839 i. Maintain the signal pole mounted LED luminaires,including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Replace the Signal Systems LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers(ITE)standards for light output. iii. Clean the Signal Systems controller cabinet and service cabinet exteriors. iv. Clean the Signal Systems and luminaire mast arm extensions. 3.2. State Responsibilities. A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System and signal pole luminaire circuit maintenance without cost to the City or County. All Signal System timing will be determined by the State,and no changes will be made without the State's approval. B. EVP Systems Operation. The EVP Systems will be installed,operated,maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP Systems must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles,as defined in Minnesota Statutes § 169.011, Subdivision 3.Authorized emergency vehicles may use emitter units only when responding to an emergency. The City or County will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP Systems must be reported to the State immediately. iv. In the event the EVP Systems or its components are, in the opinion of the State,being misused or the conditions set forth in Paragraph ii. above are violated,and such misuse or violation continues after the City or County receives written notice from the State,the State may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP Systems will be determined by the State. 3.3. Right-of-Way Access. Each party authorizes the other parties to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 3.4. Related Agreements. This Agreement will supersede and terminate the operation and maintenance terms of Agreement No. 58832, dated December 9, 1977,between the parties,for the intersection of T.H. 694 north and south ramps at C.S.A.H. 1 (East River Road). 4. Basis of City and County Cost 4.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated City and County participation construction items, State Furnished Materials lump sum amounts and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 4.2. City and County Participation Construction. The City and County will participate in the following at the percentages indicated. A. Signal Systems, Interconnect and State Furnished Materials on T.H. 694 south ramps at C.S.A.H. 1 (East River Road)(Signal System "A")and on T.H. 694 north ramps at C.S.A.H. 1 (East River Road)(Signal System "B"). i. 50 Percent will be the County's rate of cost participation. -3- 128 MnDOT Contract No: 1031839 B. EVP Systems on T.H. 694 south ramps at C.S.A.H. 1 (East River Road)(Signal System "A")and on T.H. 694 north ramps at C.S.A.H. 1 (East River Road)(Signal System "B"). i. 50 Percent will be the City's rate of cost participation. C. ADA improvements on T.H. 694 south ramps at C.S.A.H. 1 (East River Road)(Signal System "A")and on T.H. 694 north ramps at C.S.A.H. 1 (East River Road)(Signal System "B"). i. 25 Percent will be the City's rate of cost participation. ii. 25 Percent will be the County's rate of cost participation. 4.3. Construction Engineering Costs. The City and County will pay a construction engineering charge equal to 8 percent of their respective total participation construction covered under this Agreement. 4.4. Plan Changes,Additional Construction,Etc. The City and County, respectively, will share in the costs of construction contract addenda and change orders that are necessary to complete the respective City or County participation construction covered under this Agreement, including any City or County requested additional work and plan changes. The State reserves the right to invoice the City or County for the cost of any additional City or County requested work and plan changes, construction contract addenda, change orders and associated construction engineering before the completion of the contract construction. 5. City and County Cost and Payment 5.1. City and County Cost. $18,805.50 is the City's estimated share and$232,321.50 is the County's estimated share of the costs of the contract construction, State Furnished Materials, and the 8 percent construction engineering cost share as shown in the Preliminary Schedule "I". The Preliminary Schedule "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract,the State will prepare a Revised Schedule "I" based on construction contract unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. 5.2. Conditions of Payment. The City and County will pay the State their respective full and complete lump sum amounts, as shown in the Revised Schedule "I",after the following conditions have been met: A. Execution of this Agreement and transmittal to the City and County, including a copy of the Revised Schedule "I". B. The City and County's receipt of a written request from the State for the advancement of funds. 5.3. Acceptance of the City and County's Cost and Completed Construction.The computation by the State of the amount due from the City and County will be final,binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon the City and County as to the satisfactory completion of the contract construction. -4- 129 MnDOT Contract No: 1031839 5.4. Final Payment,Additional City and County Requested Work. Upon completion of all contract construction and upon computation of the final amount due the State's contractor, and only if additional work has been requested under Article 2.3.B of this Agreement,the State will prepare a Final Schedule "I" and submit a copy to the City or County. The Final Schedule "I" will be based on final quantities of any additional City or County requested participation construction items and the construction engineering cost share due to additional requested work. The computation by the State of the amount due from the City or County will be final, binding and conclusive. The State, City and County waive claims for any payments or refunds less than$5.00 according to Minnesota Statutes § 15.415. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1. The State's Authorized Representative will be: Name/Title: Greg Kern,MNDOT Metropolitan District Traffic Engineering(or successor) Address: 1500 County Road B2 West,Roseville,MN 55113 Telephone: (651)234-7877 E-Mail: gregory.kem@state.mn.us 6.2. The City's Authorized Representative will be: Name/Title: Jim Kosluchar, City Engineer(or successor) Address: 6431 University Ave. NE, Fridley,MN 55432 Telephone: (763)572-3550 E-Mail: koslucharj@ci.fridley.mn.us 6.3. The County's Authorized Representative will be: Name/Title: Doug Fischer,Anoka County Engineer(or successor) Address: 1440 Bunker Lake Blvd. NW,Andover,MN 55304 Telephone: (763)324-3103 E-Mail: doug.fischer@co.anoka.mn.us 7. Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment. None of the parties may assign or transfer any rights or obligations under this Agreement without the prior consent of the other parties and a written assignment agreement,executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement,or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision or the party's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, City and County.No other understanding regarding this Agreement, whether written or oral,may be used to bind the parties. -5- 130 MnDOT Contract No: 1031839 8. Liability; Worker Compensation Claims 8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City and County. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes § 16C.05, subdivision 5,the City and County's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate,for a minimum of six years from the end of this Agreement. 11. Government Data Practices The City, County, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created,collected, received, stored, used,maintained, or disseminated by the City and County under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by the City, County or State. 12. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination; Suspension 13.1.By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City and County. 13.3.Suspension. In the event of a total or partial government shutdown,the State may suspend this Agreement and all work,activities and performance of work authorized through this Agreement. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -6- 131 MnDOT Contract No: 1031839 CITY OF FRIDLEY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: Title: Date: By: Title: Date: -7- 132 MnDOT Contract No: 1031839 ANOKA COUNTY DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, Recommended for Approval: resolutions or ordinances. By: By: (District Engineer) (Chair,Anoka County Board of Commissioners) Date: Date: Approved: By: (Anoka County Administrator) By: Date: (State Design Engineer) Date: Recommended for Approval: By: (Anoka County Engineer) Date: COMMISSIONER OF ADMINISTRATION Approved as to form: By: By: (Assistant Anoka County Attorney) (With delegated authority) Date: Date: -8- 133 RESOLUTION NO. 2018- RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR CONSTRUCTION OF A TRAFFIC CONTROL SIGNAL SYSTEM AT INTERSTATE 694 AND EAST RIVER ROAD WHEREAS, The State of Minnesota Department of Transportation(MNDOT)is proposing a project to remove the existing traffic control signal at Interstate 694 and East River Road and install a new traffic control signal including street lights and interconnect, and WHEREAS, it has been deemed advisable and necessary for the City of Fridley to participate in this MNDOT signal improvement, and WHEREAS, said construction project has being submitted to the MNDOT State Aid Office and identified in its records as S.P. No. 0285-67 and S.A.P. 027-020-032,and WHEREAS,the City of Fridley has been notified that its request for advanced use of 2019 Municipal State Aid System funds has been approved, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fridley,County of Anoka, that the an appropriation from the Municipal State Aid System funds in the estimated amount of $18,805.50 be made to apply toward certain construction of said project and request the Commissioner of the Department of Transportation approve this appropriation. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF NOVEMBER,2018. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk 134 ami AGENDA ITEM C'lry�nJ' Fridley CITY COUNCIL MEETING OF NOVEMBER 13, 2018 INFORMAL STATUS REPORTS 135