CCA 12/17/2018 -
,,,, ``rya` CITY COUNCIL MEETING OF DECEMBER 17, 2018
Fridley
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)
RECEPTION FOR COUNCILMEMBERS
JIM SAEFKE AND DOLORES VARICHAK (5:00 p.m.)
PLEDGE OF ALLEGIANCE.
PROCLAMATIONS:
Jim Saefke Day— December 31, 2018
Dolores Varichak Day— December 31, 2018
PRESENTATION:
Naty Severson from Independent School District 13
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Resolution Approving Final Plat, P.S. #18-01,
by the City of Fridley, with Consent from
Industrial Equities River Road LLC, the
Property Owner of 5601 East River Road and
ABCFGS Holdings LLC, the Property Owner
of 5851 East River Road, to Allow for the
Dedication of the Potential 57th Avenue Extension;
and
Resolution Approving a Registered Land Survey,
Prepared for the City of Fridley by E.G. Rud
& Sons, Inc., with Consent from ABCFGS
Holdings, LLC, the Property Owner of 5851
East River Road, to be Deeded to the City for
Right-of-Way Purposes 1 - 8
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2018 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
2. Resolution Confirming the Statutory Level of
Tort Limits 9 - 10
3. Resolution Approving the 2018 Gifts, Donations
and Sponsorships to the City of Fridley 11 - 13
4. Resolution Approving Plans and Authorizing a Call
for Bids for the Locke Park Water Treatment Plant
Improvement Project 17-509 14 - 17
5. Approve Lease Termination Agreement between the
City of Fridley and the North Suburban Hospital
District (Ward 1) 18 - 24
6. Approve Sidewalk Easement for Unity Hospital
Property (Ward 1) 25 - 29
7. Appointment to Commission 30
8. Claims (183346 — 183405) 31 - 41
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
ADOPTION OF AGENDA:
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2018 PAGE 3
NEW BUSINESS:
9. Resolution Certifying Final Tax Levy Requirements
for 2019 to the County of Anoka 42 - 43
10. Resolution Adopting a Budget for the Year 2019,
a Revised Budget for the Year 2018 and the
2019-2023 Capital Investment Program 44 - 46
11. Resolution Approving the 2040 Comprehensive
Plan for the City of Fridley and Authorizing Staff
to Distribute to the Metropolitan Council 47 - 50
12. Resolution to Approve Contract for Recycling
Services with Allied Waste Services of North
America LLC 51 - 77
13. Approve 2019 Agreement for Residential
Recycling Program between the City of
Fridley and County of Anoka 78 - 88
14. Informal Status Report 89
ADJOURN.
Fridley
FRIDLEY CITY COUNCIL MEETING
OF DECEMBER 17, 2018
7:00 p.m. — City Council Chambers
Attendance Sheet
Please print name, address and item number you are interested in.
Print Name (Clearly) Address Item No.
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Fridley
gilleiriefiemnatiat,
JIM SAEFKE APPRECIATION DAY
Monday, December 31, 2018
WHEREAS, Jim Saefke has served the citizens of the City of Fridley for the past twelve years as
Councilmember of Ward 1,
WHEREAS, prior to becoming a City Councilmember, Jim Saefke was a Paid On-Call Firefighter
and City of Fridley employee for over thirty-three years and retired from City employment as Water
Supervisor in the Public Works Department; and,
WHEREAS, during his tenure on the City Council, Jim Saefke was a Commissioner and Vice Chair
on the Mississippi Watershed Management Organization; and,
WHEREAS, Jim Saefke has made many contributions to the physical, social and economic
development of the City of Fridley; and,
WHEREAS, Jim Saefke's commitment, dedication and hard work have enhanced the quality of life
in the City of Fridley; and,
WHEREAS, Jim Saefke leaves public office with a reputation for leadership, honesty, integrity and
commitment to the residents and business of the City of Fridley;
NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do
hereby proclaim Monday, December 31, 2018, as
JIM SAEFKEAPPRECIATION DAY
in the City of Fridley.
IN WITNESS WHEREOF, I have hereunto set
my hand and caused the seal of the City of
Fridley to be affixed this 17`h day of December,
2018.
Scott J. Lund
Mayor
Fridley
gProefilzineAr)/n/
DOLORES VARICHAK APPRECIATION DAY
Monday, December 31, 2018
WHEREAS, Dolores Varichak has served the citizens of the City of Fridley for the past twelve years
as Councilmember of Ward 2;
WHEREAS, prior to becoming a City Councilmember, Dolores Varichak was a member of the
Fridley Parks and Recreation Commission from September, 2003, through December, 2006; and,
WHEREAS, during her tenure on the City Council, Dolores Varichak was a member of the Anoka
County Fire Protection Council and also was a representative on Metro Cities; and,
WHEREAS, Dolores Varichak has made many contributions to the physical, social and economic
development of the City of Fridley; and,
WHEREAS, Dolores Varichak's commitment, dedication and hard work have enhanced the quality
of life in the City of Fridley; and,
WHEREAS, Dolores Varichak leaves public office with a reputation for leadership, honesty,
integrity and commitment to the residents and business of the City of Fridley;
NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do
hereby proclaim Monday, December 31, 2018, as
DOLORES VARICHAK APPRECIATION DAY
in the City of Fridley.
IN WITNESS WHEREOF, I have hereunto set
my hand and caused the seal of the City of
Fridley to be affixed this 17`h day of December,
2018.
Scott J. Lund
Mayor
Mr
AGENDA ITEM
(,10.of CITY COUNCIL MEETING OF
Fridley
DECEMBER 17, 2018
Date: December 10, 2018
To: Walter T. Wysopal, City Manager/ i
From: Scott Hickok,Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolutions Approving Final Plat, PS#18-01 and Registered Land Survey, City of Fridley
ANALYSIS
The Council will recall that on March 12, 2018, the preliminary plat brought forth by the City with consent
from the property owners at 5601 East River Road (John Allen) and 5851 East River Road (Kapstone
Container)was approved to dedicate the land area needed for the future 57th Avenue extension.
Though this extension won't be constructed at this time, staff determined that this was the best time to
preserve the land area that is necessary for when the extension is constructed. This new street right-of-
way will improve access for the new private development and will expand the east west travel
opportunities for motorists and
pedestrians within the City. E b {rf; • _.,: ='11= —3
a ;it r '' { I Kapstone ' I
The portion of land dedicated for },if '' : ill -4 , Iry fj
the roadway that is owned by Mr. ,4•„i itg _
.,,,
Allen will be done through the v` {, _ ,--41: ',
filing of the Final Plat titled �` `" ��, ., �':: � � i ;
"FridleyPark of Commerce." The $ ,J. A' �- _ �_� ,:'` ,;1 1M�,.
parcel of land owned by Kapstone f i��•` < < i ,)
Container will be subdivided off f,' i mi.,,,, Y :i
the overall property through the v. ,' ��� ' , ' I'
"Registered Land Survey" and ' , A ` , r' ` ii
,'. " Allen �v `, /_ _ 1 4 }
then said parcel deeded to the city - , .r
for right of way. The Anoka 'f�r '� �� k•` r'� "
CountyRegistrar's Office requires `� t (! c� t ,' .., F-...*,,
g q y. 1 .• ">
that the triangle parcel deeded to /1,4, 1�7 ! . M , 3.the City from Kapstone be ' -A%' ! --• _ k '
subdivided through a "Registered �' ,�' ` r# .y:
i }r •♦.ut........ I t"— is i. ��
Land Survey", because it's Torrens �=�r�� �-�=�-�• -
property. Right-of-way cannot be dedicated to the public on the "Registered Land Survey" and so a deed
process instead of plat dedication is necessary.
Both documents and resolutions approving them are attached in your packet.
1
RECOMMENDATION
The Planning Commission held a public hearing and approved the preliminary plat for PS#18-01 on
February 21, 2018.
City staff recommends approval of Final Plat, PS#18-01 and Registered Land Survey,and the attached
resolutions.
2
RESOLUTION NO. 2018 -
RESOLUTION APPROVING FINAL PLAT, P.S. #18-01 BY THE CITY OF FRIDLEY,
WITH CONSENT FROM INDUSTRIAL EQUITIES RIVER ROAD LLC,THE
PROPERTY OWNER OF 5601 EAST RIVER ROAD AND ABCFGS HOLDINGS LLC,
THE PROPERTY OWNER OF 5851 EAST RIVER ROAD,TO ALLOW FOR THE
DEDICATION OF THE POTENTIAL 57TH AVENUE EXTENSION
WHEREAS, the Planning Commission held a public hearing on February 21, 2018, and
recommended approval of said plat; and
WHEREAS,the City Council approved the preliminary plat for FRIDLEY PARK OF
COMMERCE at their March 12, 2018 meeting; and
WHEREAS,the City Council approved the final plat of FRIDLEY PARK OF COMMERCE at
their December 17, 2018 meeting; and
WHEREAS, a copy of the final plat FRIDLEY PARK OF COMMERCE has been attached as
Exhibit A;
NOW, THEREFORE, BE IT RESOLVED,that the City Council approves the Final Plat for
FRIDLEY PARK OF COMMERCE and directs the petitioner to record the plat at Anoka County
within six months of this approval or such approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
17TH DAY OF DECEMBER 2018.
SCOTT LUND -MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
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6
RESOLUTION NO. 2018 -
RESOLUTION APPROVING A REGISTERED LAND SURVEY, PREPARED FOR THE
CITY OF FRIDLEY BY E.G. RUD & SONS, INC. WITH CONSENT FROM ABCFGS
HOLDINGS LLC, THE PROPERTY OWNER OF 5851 EAST RIVER ROAD, TO BE
DEEDED TO THE CITY FOR RIGHT-OF-WAY PURPOSES
WHEREAS,the Planning Commission held a public hearing on February 21, 2018, and
recommended approval of the preliminary plat and land survey; and
WHEREAS, the City Council approved the preliminary plat at their March 12, 2018 meeting;
and
WHEREAS, the City Council approved the final plat of FRIDLEY PARK OF COMMERCE and
the REGISTERED LAND SURVEY at their December 17, 2018 meeting; and
WHEREAS, a copy of the REGISTERED LAND SURVEY has been attached as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the REGISTERED
LAND SURVEY PREPARED BY E.G. RUD & SONS, INC. FOR SECTION 22, TOWNSHIP
30, RANGE 24 and directs the petitioner to record the survey at Anoka County within six
months of this approval or such approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
17TH DAY OF DECEMBER 2018.
SCOTT LUND -MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
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8
AGENDA ITEM
, air 1
fley CITY COUNCIL MEETING OF
DECEMBER 17, 2018
To: Walter T. Wysopal, City Manage/
From: Debra A. Skogen, City Clerk
Date: December 5, 2018
Re: Resolution Confirming Statutory Level of Tort Limits
Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must
decide annually whether or not to waive the statutory tort liability limits to the extent of the
coverage purchased. The decision to waive or not waive the statutory limits has the following
effects:
If the City does not waive the statutory tort limits, an individual claimant would be able to
recover no more than $500,000 on any claim to which statutory tort limits apply. The total
which all claimants would be able to recover for a single occurrence to which the statutory tort
limits apply would be limited to $1,500,000
If the City waives the statutory tort limits and does not purchase excess liability coverage, a
single claimant could potentially recover up to $1,500,000 on a single occurrence. The total
which all claimants would be able to recover for a single occurrence to which the statutory tort
limits apply would also be limited to $1,500,000, regardless of the number of claims.
Staff recommends a motion adopting a resolution, as shown in Attachment 1, which does not
waive the monetary limits on municipal tort liability established by Minnesota Statute Section
466.04.
9
RESOLUTION NO. 2018-__
A RESOLUTION CONFIRMING THE STATUTORY LEVEL OF TORT LIMITS
WHEREAS, the City of Fridley maintains its insurance coverage through the League of
Minnesota Cities Insurance Trust; and
WHEREAS, the League of Minnesota Cities Insurance Trust requires the City Council to
provide direction regarding statutory tort limitations for the City of Fridley; and
WHERAS, under Minnesota Statute Section 466.04 if a city chooses to insure itself for an
amount in excess of the statutory limits provide by state law, it will be deemed to have waived
the protection of those statutory limits to the extent of any increase in the insured coverage
amount; and
WHEREAS, any increased coverage amount will result in an increase in the cost of insurance to
the City; and
WHEREAS, the current statutory limits are a maximum of $500,000 for an individual single
claim, and $1,500,000 for a group of claimants on any single claim; and
WHEREAS, the City of Fridley finds no reasonable basis to extend liability coverage beyond
those amounts provided for under Minnesota Statute Section 466.04; and
WHEREAS, the City of Fridley finds it to be in the best interest to be insured to the full extent of
liability imposed by law, but not beyond those statutory limits.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that it
accepts up to and only to the extent of the statutory tort liability limits as expressly provided
under Minnesota Statute Section 466.04.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
17TH DAY OF DECEMBER 2018.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
10
AGENDA ITEM
cFityrioidiej CITY COUNCIL MEETING OF
December 17 2018
To: Walter T. Wysopal, City Manage ,/
Mayor and City Council
From: Daniel Tienter, Director of Finance/City Treasurer
Korrie Johnson, Assistant Finance Director
Date: December 17, 2018
Re: Approval of the 2018 Gifts, Donations and Sponsorships
Each year, the City of Fridley (City) receives various donations and gifts to support City operations,
programs and projects. Pursuant to Minnesota Statute § 465.03, the City may accept these donations
of real and personal property for the benefit of residents. For specific donations or gifts, the donor
may prescribe certain requirements, such as for a particular activity or department.
Consistent with the abovementioned statute, staff prepared Schedule No. 1 (Attachment A), which
outlines the various donations, gifts and/or sponsorships received by the City between December 14,
2017 and December 14, 2018. To accept the same,the Council must adopt the attached resolution by
a two—third majority vote.
Lastly, for each donation, gift or sponsorship, staff ensure it meets an identified need, does not create
a quid—pro—quo or long—term maintenance obligation, and the donor received an acknowledgment of
their gift through a letter or publication.
Based on the process to date, staff recommend the Council adopt the attached resolution approving
the donations, gifts and sponsorship for 2018.
11
RESOLUTION NO. 2018 -
A RESOLUTION APPROVING THE 2018 GIFTS, DONATIONS AND SPONSORSHIPS
TO THE CITY OF FRIDLEY
WHEREAS, each year the City receives a multitude of gifts and donations; and
WHEREAS,the City is sincerely grateful for the support we receive from an array of organizations
and individuals; and,
WHEREAS, without this support, the continuation of different events or programs would be
difficult to sustain; and
WHEREAS, the attached 2018 schedule lists all the donations and gifts received by various city
departments thru December 14th; and
WHEREAS, all the items listed on the attached schedule are required to be accepted by the city
council and adopted by a two-thirds majority; and
WHEREAS, in addition, all items have been determined to be donated free of any quid—pro—quo
expectation by the donor.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby
approves the 2018 Gifts, Donations and Sponsorships listed on Schedule No. 1.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17th
DAY OF DECEMBER, 2018.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
12
2018 Gifts, Donations, and Sponsorships - City of Fridley Schdule No. 1
Date Amount/
Received Department Program Donor Name,if not anonymous Value
05/24/16 Public Works Main Street Trail and Bridge Project Reviva Inc. 5,170.67
05/25/16 Public Works Main Street Trail and Bridge Project All Temp Distribution Company 21,711.33
05/31/16 Public Works Main Street Trail and Bridge Project STB Minneapolis PTSHP, LLP 4,703.51
06/03/16 Public Works Main Street Trail and Bridge Project Rum River III,LLC 1,862.09
07/24/17 Public Works Main Street Trail and Bridge Project Jeffery J.&Lori A.Timmerman,Trustees 2,189.35
07/27/17 Public Works Main Street Trail and Bridge Project TNT Investment Group, LLC 4,930.91
10/09/17 Public Works Oak Glen Creek Pond Expansion Project Ralcorp Frozen Bakery Products, Inc. 129,059.26
12/15/17 Police Night to Unite-2017 Donation MINCO 800.00
01/02/18 Police Night to Unite-2018 Donation MINCO 800.00
01/11/18 SNC Entrance Sign SNC Foundation/Financial 1 10,000.00
01/17/18 Recreation WinterFest Fridley Lions 1,400.00
02/16/18 SNC SNC Pavillion(Deposit) SNC Foundation 5,000.00
03/21/18 SNC SNC Nature Play Area SNC Foundation 19,749.44
03/21/18 SNC SNC Nature Play Area-Rigamajig Paper Foundation 5,264.43
03/21/18 SNC SNC Mist Nets for Bird Banding SNC Foundation 791.35
05/08/18 Fire Fire-ATV Windscreen Purchased Chopper City Sports 562.41
05/11/18 Police Safety Camp Elyse R. Kaner 25.00
05/23/18 Engineering AED Heart Safe 800.00
06/01/18 Fire Equipt for Station Detox Room(1/3 cost) Fridley Lions _ 2,000.00
06/22/18 SNC Entertainment Series Sponsorship Magenic 7,500.00
07/11/18 SNC SNC Nature Play Area-Benches SNC Foundation 2,252.20
07/18/18 Recreation 49er Day Staffing Fridley 49er 336.00
08/01/18 SNC SNC Donor Recognition SNC Foundation 230.89
08/18/18 SNC SNC Summer Camps SNC Foundation 2,140.00
08/18/18 SNC General Program Support SNC Foundation . 10,000.00
08/02/18 Forestry Volunteer Tree Pruning BMO Harris 432.08
09/01/18 SNC SNC Activity Backpacks Friends of Fridley Education Foundation 1,000.00
09/10/18 Forestry Volunteer Tree Plantings Target 262.08
09/11/18 Police Crime Prevention Donald and Sharon Eltgroth 50.00
10/01/18 Police Shop With a Cop Wal-Mart 2,500.00
10/01/18 Recreation General Parks Donation 4 Kids Fundraising-Team Brewcard 24.00
10/10/18 Police 1(9 The Saint Paul Foundation 10,000.00
11/01/18 SNC Everbright Exhibit Foundation,Xcel Energy Foundation 16,372.71
11/01/18 SNC Recognition Plaques-SNC Benches SNC Foundation 162.50
11/27/18 Fire Fall Protection Equipment The Saint Paul Foundation 5,000.00
11/30/18 SNC Breakfast with Nature Santa Sponsorship Metro Pediatric Dental Associates 500.00
$275,582.21
13
fI I 1171
11
ri
ity of
clley AGENDA ITEM
CITY COUNCIL MEETING OF
DECEMBER 17, 2018
TO: Walter T. Wysopal, City Managerzie/ PW18-069
FROM: James P. Kosluchar, Public Works Director
Nic Schmidt, Civil Engineer
DATE: December 11, 2018
SUBJECT: Resolution Authorizing Call for Bids for Locke Park Water Treatment Plant
Improvement Project 17-509
The attached resolution receives final plans and specifications and authorizes a call for
bids for the Locke Park Water Treatment Plant Improvement Project 17-509. The City of
Fridley's Locke Park Filtration Plant was originally constructed in 1969. The Plant was
upgraded in 1993 and included building modifications, the reconfiguration of process
piping, and electrical and control improvements.
Given the last major upgrades were made over two decades ago and due to ongoing
operational deficiencies, Staff developed a scope of improvements for the Locke Park
Filtration Plant which include: refurbishment of existing pressure filters, replacement of
all plant valves, process piping modifications, removal and repartitioning of walls for
restroom and chemical feed room areas, new chemical feed equipment, new plant air
compressor and air wash blower. Additionally, construction of a detached backwash
water recovery tank and associated pump room. Upgrades include associated electrical,
mechanical, HVAC and painting, with civil site work such as water main modifications,
sanitary sewer, site grading, landscaping, and new driveway access.
This project is for improving the reliability of plant filter operation, improved treatment of
a public water supply and filter backwash water re-use. Improvements will reduce
annual operations costs with the addition of backwash water re-use and improves
overall efficiency and functionality for the Water Division. The Locke Park Water
Treatment Plant Improvement Project is included in the City's proposed 2019 Capital
Improvement Plan.
Staff requests the City Council move to adopt the attached resolution to Approve
Plans and Authorizing a Call for Bids for the Locke Park Water Treatment Plant
Improvement Project 17-509. If approved by the City Council, staff will solicit bids in
accordance with the attached bid advertisement, and hold a public bid opening for
January 23, 2019.
NS:nrs
14
RESOLUTION NO. 2018 -
—
A RESOLUTION APPROVING PLANS AND AUTHORIZING A CALL FOR BIDS FOR
THE LOCKE PARK WATER TREATMENT PLANT IMPROVEMENT PROJECT 17-509
WHEREAS, the City of Fridley has developed plans for the project that have been submitted for
subsequent approval by the Minnesota Department of Health(MDH), and
WHEREAS,these plans are available for review at the office of the Director of Public Works, and
WHEREAS, the Locke Park Water Treatment Plant Improvement Project No. 17-509 is included
in the City's proposed 2019 Capital Improvement Plan and has been determined to be feasible to
complete,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka
County, Minnesota, as follows:
1. That the Locke Park Water Treatment Plant Improvement Project recommended by
the Public Works Department be completed, and the work involved in said
improvement shall hereafter be designated as Locke Park Water Treatment Plant
Improvement Project No. 17-509. The project will include improvements described
as follows:
Refurbishment of existing pressure filters, replacement of all plant valves, process
piping modifications, removal and repartitioning of walls for restroom and chemical
feed room areas, new chemical feed equipment, new plant air compressor and air
wash blower. Construction of a detached backwash water recovery tank and
associated pump room. In addition, associated electrical, mechanical, HVAC and
painting, with civil site work such as water main modifications, sanitary sewer, site
grading, landscaping, and new driveway access.
2. The plans and specifications prepared by SEH, Inc. for such improvements pursuant
to the Council action heretofore are hereby approved and shall be filed with the City
Clerk.
The Director of Public Works shall accordingly prepare and cause to be inserted in
the official newspaper advertisement for bids upon the making of such
improvements under such approved plans and specifications.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17th
DAY OF DECEMBER, 2018.
SCOTT J. LUND -MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
15
ADVERTISEMENT FOR BIDS
LOCKE PARK WATER TREATMENT PLANT IMPROVEMENTS
PROJECT NO. 17-509
Sealed bids will be received and publicly opened by the City of Fridley,Anoka County, Minnesota, at City
Hall, 7071 University Avenue N.E., Fridley, Minnesota 55432 (Tel.763.572.3554)on Wednesday,the 23'd
day ofJanuary 2019 at 10:00 a.m., (note new location), for the furnishing of work and materials for the
Locke Park Water Treatment Plant Improvements PROJECT NO. 17-509.The project includes the
following major components:
Rehabilitation of the existing WTP building including:
Filter refurbishment of two(2)existing 10' diameter by 46' long horizontal pressure filters(5 cells each).
Including recoating inside and out
New filtration media
Replace air wash system
Modifications to pressure vessels
Replacement of all plant valves,
Significant changes to process piping,
Removal and repartitioning of walls for restroom and chemical feed room areas,
New chemical feed equipment,
New plant air compressor and air wash blower,
Miscellaneous plant equipment.
Construction of a detached Backwash Holding Tank building with pump room.
27'wide by 84' long tank plus additional 10' in length for pump room.
Backwash tank building is cast-in-place concrete.
Exterior of backwash tank has form liners to create improved aesthetic appearance
For both facilities there is the associated Electrical, Mechanical, HVAC and Painting,with some Civil Site
work such as Water Main,Sanitary Sewer,Site Grading, Landscaping and Bituminous Driveway.
Bids shall be on the form provided for that purpose and according to the Bidding Requirements
prepared by Short Elliott Hendrickson Inc. (SEW) dated November 16, 2018.
The Bidding Documents may be viewed for no cost at http://www.sehinc.com by selecting the Project
Bid Information link at the bottom of the page and the View Plans option from the menu at the top of
the selected project page.
Digital copies of the Bidding Documents are available at http://www.sehinc.com for a fee of$30.These
documents may be downloaded by selecting this project from the BIDDING DOCUMENTS link and by
entering eBidDocTM Number 5933721 on the SEARCH PROJECTS page. For assistance and free
membership registration, contact QuestCDN at 952.233.1632 or info@questcdn.com.
Paper copies of the Bidding Documents may be obtained from Docunet Corp. located at 2435 Xenium
Lane North, Plymouth, MN 55441 (763.475.9600)for a fee of$200.
A non-mandatory Pre-Bid conference will be held at 10:00 a.m.Wednesday,January 9, 2018 at the City
of Fridley, 7071 University Avenue NE, Fridley, MN 55432. Representatives of the Owner and Engineer
will be present to discuss the Project. Bidders are encouraged to attend and participate in the
conference.
16
Bid security in the amount of five (5%) percent of the Bid must accompany each Bid in accordance with
the Instructions to Bidders.
The provisions of Minn. Stat. 16C.285 Responsible Contractor are imposed as a requirement of this
contract.All bidders and persons or companies providing a response or submission to this
Advertisement for Bids shall comply with these provisions.
The City Council reserves the right to reject any and all bids and to waive any informality in any bids
received without explanation. No bid may be withdrawn for a period of sixty(60) days.
By order of the City Council of the City of Fridley, Minnesota.
Dated this 13th day of December, 2018.
James P. Kosluchar
Director of Public Works
The City of Fridley has designated its website as the primary means of bid notice dissemination in
accordance with M.S. 331A.03; current and future bid notices can be found at fridleymn.gov/Bids.
Published December 14,2018: Fridley Focus,Finance and Commerce,Quest CDN
17
AGENDA ITEM
City
our/
of CITY COUNCIL MEETING OF
Fridley
DECEMBER 17, 2018
Date: December 11, 2018
To: Walter T. Wysopal, City Manager
From: Scott Hickok, Community Development Director
Subject: Suburban Hospital District Termination of Lease Agreement with the City of
Fridley
Introduction
Council is being ask to consider an act to terminate the lease agreement between the City of
Fridley and the North Suburban Hospital District. This lease was terminated between the parties
in 1982 and the termination was filed with the County of Anoka. Unfortunately, it still exist as a
lease and an encumbrance on the property and the Anoka County Recorder's Office will require a
new Lease Termination Agreement to ratify the 1982 City of Fridley act to terminate and once
and for all allow removal of the 1976 lease as an title encumbrance.
Elements
As you know the North Suburban Hospital District (NSHD)has been working to finalize details
to allow sale of the hospital to Allina. During its due diligence process, there were three items
that were discovered that would need Fridley City Council consideration and action to allow
their title issues to be cleared to the satisfaction of their examiner and to allow the hospital sale to
proceed. The other two items will be handled by separate Council action and will include
separate Council memos. That simple Form Lease Agreement for this request is attached to
show what existed between the NSHD and the City of Fridley since the 1976 action to adopt the
agreement. That agreement was later terminated by both parties in 1982. The lease termination
was filed with the Anoka County Land Records Office, but somehow never removed as an
encumbrance on County records that year. Therefore, it still exists as an encumbrance and should
now be removed.
Recommendation
Staff recommends approval of the Lease Termination Agreement between the City of Fridley
and the North Suburban Hospital District as attached.
18
TERMINATION AGREEMENT
• THIS TERMINATION AGREEMENT is made as of March 5,
1982, between NORTH SUBURBAN HOSPITAL DISTRICT, a municipal
corporation organized under and pursuant to the laws of the
State of Minnesota ("Lessor") and CITY OF FRIDLEY, a Minnesota
municipality ("Tenant") .
RECITALS:
A. Lessor and Tenant entered into a Lease Agreement
dated March 5, 1975, regarding the property located in the
City of Fridley, Anoka County, Minnesota, legally described on
Exhibit A attached hereto and made a part hereof (the "Leased
Premises") .
B. Lessor and Tenant agreed that it would be of
mutual benefit to both parties to terminate the Lease as of
March 5, 1982.
C. The City Council of the City of Fridley, at its
official council meeting on February 22, 1982, agreed to
terminate the Lease as of March 5, 1982.
NOW THEREFORE, in consideration of the above premises
and in consideration of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. The Lease shall terminate effective upon March 5,
1982 ("Termination Date") .
2. From the Termination Date forward neither party
hereto shall incur any further or additional liability to the
other under any of the terms, conditions or covenants of the
. .
19
IN 141TIESS WOOMMOF, the sembies hereto have caused this
instrument to be executed an of the day and year first above
written.
MOM SODURSAM JICISPITAL DISTUCT
By 114 .1 k a4/
Its
(
And i NN,
Its
curr or PRIMAY
By 01/4111,445)..0)/1)02.—
Its 'kW ,
And /11
Its City Mknailw
20
LEASE TE ATION AGREEMENT
THIS LEASE TERMINATION AGREEMENT("Agreement") is made and entered into this
day of , 2018, by and between North Suburban Hospital District, a
Minnesota municipal corporation ("Lessor") and the City of Fridley, a Minnesota municipal
corporation("Tenant").
WITNESSETH:
WHEREAS, Lessor and Tenant executed that certain lease dated March 5, 1975,recorded as
Document No.448595(the"Lease")regarding the premises legally described in the Lease and attached
hereto as Exhibit A(the"Premises");and
WHEREAS,the Lease automatically renews unless either Lessor or Tenant provides notice to
the other as specified in the Lease; and
WHEREAS,Lessor and Tenant intend to immediately terminate the Lease;and
WHEREAS, through the mutual agreement of Lessor and Tenant, Lessor and Tenant have
agreed to terminate the Lease as to the Premises so as to release Tenant from its obligations under the
Lease upon the terms and conditions set forth below.
NOW,THEREFORE, in consideration of the mutual promises of the parties hereto,and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the
parties agree as follows:
I. Recitals. The above recitals shall constitute an integral part of this Agreement.
2. Capitalized Terms. Capitalized terms set forth in this Agreement shall have the same
meaning as in the Lease, unless specifically modified and amended herein.
4. Expiration Date. Notwithstanding anything to the contrary in the Lease and provided
the terms and conditions of this Agreement are met and satisfied,the Expiration Date for the Premises
shall be amended to be effective August 24, 2018 ("Expiration Date"),and as of the Expiration Date,
the Lease shall terminate and be of no further force and effect.
5. Surrender of Possession. Tenant has surrendered and yielded possession of the
Premises to Lessor on or before said Expiration Date with the intent that the Tenant's rights to the
Premises be extinguished.
21
EXHIBIT A
The South 175 feet as measured parallel
to the north line qt 75th Avenue N.E.
of this .following described tract:
That part of the Northeast Quarter of the
Northwest Quarter (NE 1/4 of NW 1/4) of
Section 11, Township 30, Range 24 , lying
southerly of 76th Avenue N.E. as shown
on the plat of Osborne Manor Second
Addition , easterly of 5th Street N .E.
as now laid out and constructed and
northerly of 75th Avenue N.B. as now
laid out and constructed. Excepting
from the above described tract all that
part of the Northeast Quarter of the
Northwest Quarter lying in Melody Manor
Second Addition and also that part of the
Northeast Quarter of the Northwest Quarter
platted in the plat of Melody Manor Second
Addition as Lyric Lane.
•
•
22
6. Miscellaneous. Except for the covenants made herein, Lessor and Tenant hereby
release each other from all obligations arising out of the terms and conditions of the Lease.
7. Headings. Paragraph headings used in this Agreement are for convenience only,and
shall not affect the construction of this Agreement.
8. Counterparts. This Agreement may be executed in any number of counterparts,each
of which when so executed, shall be deemed to be an original, and all of which counterparts of this
Agreement,taken together, shall constitute but one and the same instrument.
9. Construction. This Agreement shall be construed under the laws of the State of
Minnesota. Whenever possible,each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law. If any such provision of this Agreement shall be
determined to be invalid or unenforceable,such provision shall not be ineffective to the extent of such
prohibition or invalidity without invalidating or otherwise affecting the remaining provisions of this
Agreement
10. Entire Agreement. The Lease, this Agreement, and the Exhibits attached thereto, if
any, constitute the entire understanding of the parties hereto with respect to the transaction
contemplated thereby,and supersede all prior agreements and understandings between the parties with
respect to the subject matter. No representations,warranties, undertakings or promises, whether oral,
implied,written or otherwise,have been made by either party hereto to the other unless expressly stated
in the above-referenced documents,or unless mutually agreed to in writing between the parties hereto
after the date hereof, and neither party has relied upon any verbal representations, agreements or
understandings not expressly set forth herein.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and
year first above written.
LESSOR: North Suburban Hospital District
By:
Name:
Its:
By:
Name:
Its:
-2-
23
TENANT: City of Fridley
By:
Nam:
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1807505_1
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24
AGENDA ITEM
°f CITY COUNCIL MEETING OF
Fridley
DECEMBER 17, 2018
Date: December 11, 2018
To: Walter T. Wysopal, City Manag
71
From: Scott Hickok, Community Development Director
Subject: Sidewalk Easement For Unity Hospital Property
Introduction
In their efforts to clean up title matters and to commence with their Hospital sale to Allina
Health Systems, the North Suburban Hospital District has offered an easement and quit claim
deed to provide consistency with the easements for sidewalk purposes that otherwise surround
the Hospital campus. Staff recommends approval of the attached easement for sidewalk
purposes.
Elements
Currently, a sidewalk easement runs parallel with Osborne Road and it was granted along with a
quit claim deed#458268 and was accepted by the City of Fridley as part of a sidewalk project in
1976. A similar easement exists along the western boundary of the hospital campus adjacent to
5th Street. A segment of the walk along the east side of 5th Street was without an easement being
granted to the City. As the North Suburban Hospital District(NSHD)has prepared to sell its
interests to Allina Health Services (Allina), their title analysts pointed to 3 open items that they
see has matters that they would like to tie shut before a sale commences. One of those items is
the lack of an easement in favor of the City for a sidewalk along the western boundary of the
Hospital Property. An easement document, quit claim deed, map, and legal description has been
attached for your review.
The hospital uses this sidewalk for wellness purposes and they refer to it as their wellness walk.
Plowing and maintenance currently is and continues to be the hospital's responsibility.
Recommendation
Staff recommends approval of the attached easement for sidewalk purposes.
25
Crop 3 inches reserved for recording dotal!
QUIT CLAIM DEED
Business Entity to Business Entity
eCRV number:
DEED TAX DUE: $ DATE: ,2018
FOR VALUABLE CONSIDERATION,NORTH SUBURBAN HOSPITAL DISTRICT,a Minnesota municipal corporation("Grantor'),hereby
conveys and quitclaims to the City of Fridley,a municipal corporation rGrantee"),a 10-foot sidewalk easement described as follows:
The North 10 feet of Lot 5,Block 1,Maple Manor Addition,Anoka County,Minnesota.
The City of Fridley hereby accepts this easement for sidewalc purposes.
This Deed carries after acquired title.
No state deed tax required.
Check here if ell or pelt of the described real property is Registered(Tartans) 0
together with all hereditenents and appurtenances belonging thereto. This deed conveys after acquired title.
Check applicable box: Grantor
❑ The Seller certifies that the Seller does not know of
any wells on the described real property. NORTH SUBURBAN HOSPITAL DISTRICT,
❑ A well disclosure certificate accompanies this a Minnesota municipal corporation
document or has been electronically filed.(If electronically fled,
insert WDC number:[...],)
❑ I am familiar with the property described in this
instrument and I certify that the status and number By:
of wells on the described real property have not changed Gerald Maec kelbergh,Board Chair
since the last previously filed well disclosure
certificate.
By:
Janice Shear,Board Clerk
ECB-1035 Page 1 of 2
26
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A 10 foot sidewalk easement described as follows:
The North 10 feet of the North 400 feet of the Nest 217.00 feet of Outlot
1 Melody Manor 4th Addition.
All lying in the North half of Section 11, Township 30, Range 24, City of
Fridley, County of Anoka, State of Minnesota.
The City of Fridley hereby accepts this easement for sidewalk purpose..
No Stater Deed Tax Required.
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to edit aal t,lee E$t sigh. retake.edea att Or k_Nttsarars and epryrter..w Orrr.
rote bteetMRg or is eaYrotw fssrtotaiwg,to Ms Mil sow*a/the wwa4 port,Ito sae-nerss and saps
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29
AGENDA ITEM
Fri./ COUNCIL MEETING OF DECEMBER 17, 2018
7,1
APPOINTMENT TO COMMISSION
Housing and Redevelopment Authority
David Ostwald Term Expires: June 9, 2020
30
AGENDA ITEM
piCOUNCIL MEETING OF DECEMBER 17, 2018
CLAIMS
CLAIMS
183346 - 183405
31
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AGENDA ITEM
ity°f CITY COUNCIL MEETING OF
ridley
December 17, 2018
To: Walter T. Wysopal, City Manager
Mayor and City Council
From: Daniel Tienter, Director of Finance/City Treasurer
Date: December 17, 2018
Re: Certification of the 2019 Property Tax Levy
On September 24, 2018, the City Council (Council), pursuant to Minnesota Statute § 275.065,
certified the Proposed 2019 Property Tax Levy (Proposed Levy) to the county auditor. Using the
Proposed Levy, the county auditor mailed parcel—specific notices of proposed property taxes to
each taxpayer for the upcoming year, along with time and location for a Truth—in—Taxation
(TNT) Hearing for the City of Fridley (City). On December 10, 2018, the Council conducted the
TNT Hearing consistent with the requirements of the abovementioned statute.
Following this process, and pursuant to Minnesota Statute § 275.07, the Council must certify a
Final Property Tax Levy (Final Levy) to the county auditor on or before five working days after
December 20 of each year. As outlined in Figure No. 1, the property tax levy supports four
separate budget areas.
Figure No. 1: Property Tax Levy History and Detail
2017F 2018F 2019P Change (%) Change ($)
General Fund $ 10,537,745 $ 11,064,632 $ 11,783,833 6.50% $ 719,201
IT Capital Projects Fund 50,000 52,500 55,913 6.50% 3,413
Springbrook Nature Center Fund 350,724 368,260 392,197 6.50% 23,937
Debt Service Funds 3,183,782 3,322,521 3,262,476 -1.81% (60,044)
Total Tax Levy $ 14,122,251 $ 14,807,913 $ 15,494,419 4.64% $ 686,506
Based on the process to date, staff recommend the Council adopt the attached resolution
certifying the Final Levy of$15,494,419 for 2019, an increase of$686,506 or 4.64% compared
to 2018. Additionally, per City Charter § 7.02.01, the Council must affirm an individual
property tax levy change above 5% by a four—fifths vote of the Council. For 2019, this provision
applies to the Final Levies for the General Fund, Information Technology (IT) Capital Projects
Fund and Springbrook Nature Center Fund.
Financial Impact
Based on the abovementioned property tax changes, staff estimate the property taxes for a
residential homestead with an assessed value of$202,900 for 2019 (compared to approximately
186,600 for 2018) to increase approximately $38, or 4.6%, from $822 for 2018 to $860 for 2019.
These projections are based on estimated Tax Increment Financing District and Fiscal Disparities
figures for property taxes payable in 2019.
42
RESOLUTION NO. 2018—
A RESOLUTION CERTIFYING FINAL TAX LEVY
REQUIREMENTS FOR 2019 TO THE COUNTY OF ANOKA
WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City
the power to raise money by taxation pursuant to the laws of the State of Minnesota; and
WHEREAS, Minnesota Statute Chapter 275.07, subd. 1 requires the City to certify its final tax
levy requirements to the Anoka County by December 28; and
NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County of
Anoka, State of Minnesota, the following final tax levy to be levied in 2018 for collection in the
year 2019:
General Fund
General Fund 11,783,833
Capital Project Fund
Information Technology Project Fund $55,913
Market Value Based Referendum Levy
Springbrook Nature Center Fund $392,197
Bonded Indebtedness
2010C Special Assessment 8,290
2017A GO CIP Bonds (Civic Campus) 3,019,445
Subtotal 3,027,735
Certificates of Indebtedness
2010B GO Equipment Certificates (Equip 10&11) 75,705
2012A GO Equipment Certificates (Equip 12&13) 159,036
Subtotal 234,741
Total All Funds $15,494,419
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17th
DAY OF DECEMBER, 2018.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
43
AGENDA ITEM
ctrl CITY COUNCIL MEETING OF
Fridley
December 17, 2018
To: Walter T. Wysopal, City Manager
Mayor and City Council
From: Daniel Tienter, Director of Finance/City Treasurer
Date: December 17, 2018
Re: Adoption of the Proposed 2019 Budget, Revised 2018 Budget and the Proposed
2019—2023 Capital Investment Plan
Per City Charter § 7.04 — 7.05 and Minnesota Statute § 412, the City Council (Council) shall adopt
an annual budget for all funds as identified by the City Manager that require budget estimates or
projections. Generally, these regulations also control the format, detail level and adoption process
for the budget. In addition to these requirements, the Council also conducted several budget
meetings throughout the year. For the Proposed 2019 Budget, these meetings occurred on March
19, August 13, September 24, October 22 and November 26.
On December 10, 2018, the Council, pursuant to Minnesota Statute § 265, conducted the required
Truth—in--Taxation (TNT) Hearing, which allowed members of the public to discuss both the
Proposed 2019 Budget, Proposed 2019 — 2023 Capital Investment Program (CIP) and Proposed
2019 Property Tax Levy in advance of final adoption. During the TNT Hearing, the Council
accepted public comment from two residents. There were no suggested modifications to the budget
or property tax levy as a result of the TNT Hearing.
However, since the review of the Proposed 2019 Budget on November 26, 2018, staff made several
significant modifications, which are outlined below:
• An increase in the Street Improvement Fund transfer to the General Fund of$6,600;
• A decrease in the Traffic Signal Maintenance Project of$425,000 following an agreement
with Anoka County (County) to fund a greater portion of the project, which was approved
by the Council on November 13, 2018, among other changes;
• An increase in the West Moore Lake Drive Trail Project of $120,000 to reflect the final
budget"carry—over" from 2018 (the overall project cost remains the same);
• The addition of a Street Sweeper Replacement Project resulting in an increase of$230,000,
which will be supported by existing Storm Water Utility Fund revenue; and
• A shift in expenditures for the Locke Park Treatment Plant Rehabilitation Project from
$3,800,000 in 2019 to $3,300,000 in 2019 and $500,000 in 2020.
44
With respect to these modifications, the Proposed 2019 Budget remains structurally balanced and
maintains City service levels as determined by the Council. In total, the expenditures of the
Proposed 2019 Budget (including all Special Revenue and Enterprise Funds) and Proposed 2019 —
2023 CIP total approximately $48,062,600, supported by approximately $44,767,700 of revenue.
The difference includes the use of fund balance to support planned capital expenditures among
other items.
Based on the process to date, staff recommend the Council adopt the Proposed 2019 Budget,
Revised 2018 Budget, and Proposed 2019 — 2023 CIP, as presented. Upon approval of each
budget, staff will provide a final version to the Council and maintain the same on file with the
City Clerk.
45
RESOLUTION NO. 2018 -
A RESOLUTION ADOPTING A BUDGET FOR THE YEAR 2019,A REVISED BUDGET
FOR THE YEAR 2018 AND THE 2019—2023 CAPITAL INVESTMENT PROGRAM
WHEREAS, The City Manager and Director of Finance/City Treasurer have presented to the City
Council a Proposed 2019 Budget and a Revised 2018 Budget as stipulated by the City Charter,
Chapter 7, Section 4; and
WHEREAS, the Proposed 2019 — 2023 Capital Investment Program was presented to the City
Council for its consideration on November 26, 2018; and
WHEREAS, As a result of that review, it was concluded that the Proposed 2019 — 2023 Capital
Investment Program provides for an effective and orderly allocation of resources for the
community's needs, and
WHEREAS, The City Council has held a public meeting on December 10, 2018, and has concluded
the budget as prepared is appropriate;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the 2019
Budget, the Revised 2018 Budget, and 2019 — 2023 Capital Investment Program are hereby
approved and adopted with the official copies being on file with the City Clerk.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17th
DAY OF DECEMBER, 2018.
SCOTT J. LUND -MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
46
AGENDA ITEM
�� °fCITY COUNCIL MEETING OF
Fridley
DECEMBER 17, 2018
Date: December 13, 2018
To: Walter T. Wysopal, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Subject: Draft 2040 Comprehensive Plan
Background
The comment period for surrounding jurisdictions on Fridley's draft 2040 Comprehensive Plan ended
October 4. Since that time, staff has been working to incorporate suggested changes into the draft plan.
Changes in policy, department staff, and partnerships have prompted the need for other changes in the draft
plan as well. Here is a brief summary of what has been modified:
1. Acknowledgement pages were updated with staff changes.
2. The Industrial Equities site at 5601 East River Road was removed from the list of potential
redevelopment sites as it has now been redeveloped.
3. Work on the recently adopted Energy Action Plan was added as an action step in the Land Use
Chapter.
4. Anoka County Parks request to correct Island of Peace Park and Locke Park boundaries on certain
maps was completed.
5. DNR comments regarding native landscaping in City parks were incorporated into the Parks and
Trails chapter.
6. DNR comments regarding protecting wildlife habitat along the River during redevelopment was
added to the Land Use chapter.
7. Development of a Parks Master Plan was added as an action step in the Parks and Trails chapter.
8. Anticipated completion dates for several Moore Lake Park modification action steps were modified.
9. Photos of the new civic campus were added to the Public Facilities chapter.
10. References to the Zone and the Fridley Community Center partnership with the Fridley School
District were removed.
11. References to the Fridley Senior Program were modified in the Housing chapter.
12. Added a NPS Alternative Transportation Gateway section to the Transportation chapter.
13. Concerns over increasing highway congestion impacts to trucking operations in the Fridley business
community were added to the Transportation Chapter.
14. The County's policy regarding winter trail maintenance was reworded per the County's request(p.
102).
15. Traffic congestion data was reworded as requested by Anoka County(p. 106).
16. Resiliency section 3.9 was reworded to include Living Street design concepts.
17. A statement regarding Fridley's participation in the Municipal Wellhead Protection Group as an
effort to protect the City's water supply was added to p. 152 upon suggestion by the Anoka Co
Health Department.
47
18. Local Water Plan chapter was modified significantly to incorporate feedback from the watershed
districts and to align the document with Mn Statutes 103B.201.
19. The Local Water Plan was also updated to include a table(p. 271-278)and map(p. 259)of
implementation projects for the next ten years, including estimated construction dates and cost
estimates.
20. A table of impaired waters was added to the Local Water Plan chapter(p. 230).
21. The Local Water Plan was also modified to clarify jurisdictional responsibilities.
For the most part,surrounding jurisdictions had no comment, so there have been no controversial action
steps or policy changes in this Comprehensive Plan update process. Staff continues to pursue the aggressive
list of action steps(p. 349-356)as our guide-despite being behind on some of the 2018 items due to the
Civic Campus construction and move taking priority.
Recommendation
Staff recommends that the City Council direct staff to forward the revised draft of the 2040 Comprehensive
Plan to the Metropolitan Council by December 31,2018 by approving the attached resolution.
48
RESOLUTION NO. -2018
RESOLUTION APPROVING THE 2040 COMPREHENSIVE PLAN FOR THE CITY OF
FRIDLEY AND AUTHORIZING STAFF TO DISTRIBUTE TO THE METROPOLITAN
COUNCIL
WHEREAS, the 1976 Metropolitan Land Planning Act (MPLA)requires communities within the
Twin Cities Metropolitan Area to develop and update once every 10 years a local comprehensive
plan that includes elements as described in Chapter 473 Section 859 of the Minnesota Statutes
including land use,public facilities and implementation strategies, and
WHEREAS, Chapter 473 Section 175 of the Minnesota Statutes gives the Metropolitan Council
the authority to review local comprehensive plans to determine their compatibility with each
other and conformity with metropolitan system plans, and
WHEREAS, Chapter 473 Section 864 Subdivision 2 of the Minnesota Statutes amended the
MLPA in 1995 to require decennial reviews of local comprehensive plans, and
WHEREAS, the City of Fridley solicited public input at various public events and places asking
residents and business owners to take online surveys to obtain public opinion on various City
policies and budget decisions related to updates to the City's Comprehensive Plan, and
WHEREAS, the City held several other public meetings with advisory commissions and the
Fridley Housing and Redevelopment Authority between May 2017 and December 2017 to obtain
feedback on draft chapters of the 2040 Comprehensive Plan, and
WHEREAS, the Planning Commission held an official public hearing on December 20, 2017
pursuant to Chapter 462 Section 355 Subdivision 2 of the Minnesota Statutes to allow formal
public comment on all chapters of the draft comprehensive plan, and
WHEREAS, the Planning Commission and City Council meetings are open to the public and
televised on the City's local cable network, and
WHEREAS, pursuant to Chapter 473 Section 858 Subdivision 2 the City submitted the entire
draft Fridley 2040 Comprehensive Plan to adjacent local units of government for review and
comment on April 4, 2018, and
WHEREAS, City Staff has considered the comments received from surrounding jurisdictions on
Fridley's draft 2040 Fridley Comprehensive Plan to ensure that the City is working in
partnership on its long-range planning with its neighboring communities and other levels of
government;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
document as prepared pursuant to Chapter 462 Section 355 Subdivision 1 of the Minnesota
49
Resolution No. 60-2001 Page 2
Statutes entitled "The Comprehensive Plan" dated December 17, 2018 is hereby approved by the
City Council of the City of Fridley.
BE IT FURTHER RESOLVED, that upon approval by the Metropolitan Council, City Staff is
authorized to post the final version of the Fridley Comprehensive Plan on the City web site and
make and distribute copies as necessary to supply the County, surrounding cities, and libraries
with copies as required by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
17TH DAY OF DECEMBER,2018.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
50
AGENDA ITEM
171,f CITY COUNCIL MEETING OF
Fr
DECEMBER 17, 2018
Date: December 11, 2018
To: Walter T. Wysopal, City Manager
From: Scott Hickok, Community Development Director
Julie Jones,Planning Manager
Rachel Workin, Environmental Planner
Subject: Contract for Recycling Services
Background
The legislature sets recycling goals for counties, which create annual goals for their cities to
accomplish(Minn. Stat. § 115A.551). The current State goal specifies 75% combined recycling
and organics recovery from Mixed Municipal Solid Waste by 2030 with 60% of that material
coming from recycling. In order to meet this goal, as well as State Waste Abatement Laws,
Chapter 113 of City Code requires that the City provide residential curbside recycling collection
services for dwellings of up to 12 dwelling units. The City's current contract(currently with
Republic Services) for the provision of this service is set to expire on April 30, 2019. A Request
for Proposal (RFP)to select the hauler for the next Contract for Recycling Services was issued
on July 26, 2018. Five proposals were received by the submittal deadline of August 27, 2018.
The proposal submitted by Allied Waste Services of North America LLC, operating in the State
of Minnesota as Republic Services of Blaine, was deemed the recommended proposal based on
the evaluation criteria outlined in the RFP. A Contract for Recycling Services was created based
on the submitted proposal.
Contract Summary
The Contract for Recycling Services defines the responsibilities of the City and the Contractor in
the implementation of the City's residential recycling program. The residential recycling program
provides all Fridley residents in dwellings of up to 12 dwelling units the opportunity to recycle. The
contract will go into effect at the end of the City's current recycling on May 1, 2019 and extend
until April 30, 2026.
51
Under this Contract, Republic Services is responsible for the collection and processing of
recyclables from dwellings of up to and including 12 dwelling units and designated municipal
facilities. Recycling will be collected on a bi-weekly basis based on pre-determined zones. Republic
Services will be responsible for all equipment, including trucks and carts, necessary to provide this
service.
The cost of this service will be comprised of a Collection Charge and a Processing Charge. The
collection fee will begin at $2.50 per dwelling unit per month and increase 3 to 3.5%per year. The
Processing Charge will be based on the number of homes,pickups per month,tons per month,
recycling processing rate, tons sold weight,tons sold rate,residual tons weight, and residual tons
rate(see Resolution Exhibit A, Attachment A). The Processing Charge will be determined by
September 1St following each anniversary of the Effective Date of the agreement and will be
implemented the following May 1St. The Processing Charge for 2019 will be $0.48, for a total cost
of$2.98 per dwelling unit per month.
The cost of the program will be paid for through the Solid Waste Abatement Fee, collected by the
City through the utility bill, and Anoka County SCORE funds.
Recommendation
Staff recommends that the City Council approve the attached resolution at its December 17, 2018
meeting authorizing the Mayor and City Manager to execute the Contract for Recycling Services
included as Exhibit A.
52
RESOLUTION NO. 2018 -
A RESOLUTION TO APPROVE CONTRACT FOR RECYCLING SERVICES:
ALLIED WASTE SERVICES OF NORTH AMERICA LLC
WHEREAS, Minn. Stat. § 115A.551 sets the goal to recycle 75 percent by weight of total solid
waste generated by December 31, 2030; and
WHEREAS, Fridley City Code Chapter 113 specifies that the City of Fridley will provide for the
collection of all recyclables form all residential properties, single unit through 12-unit multiple
dwellings; and
WHEREAS, the City of Fridley issued a Request for Proposal for the provision of such services;
and
WHEREAS, Allied Waste Services of North America LLC operating in the State of Minnesota
as Republic Services of Blaine, submitted the recommended proposal and is willing to perform
the obligations set forth by this Contract;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Manager are authorized to
execute the Contract for Recycling Services included as Exhibit A.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
17th DAY OF DECEMBER,2018.
SCOTT J. LUND -MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
53
CONTRACT FOR RECYCLING SERVICES
CITY OF FRIDLEY, MINNESOTA
AND
Allied Waste Services of North America, LLC
(CONTRACTOR)
54
11P6966
CONTRACT FOR RECYCLING SERVICES
This Agreement is made on , between the City of Fridley, a municipal
corporation organized and existing under the laws of the State of Minnesota, hereinafter called
the "City" and Allied Waste Services of North America, LLC, a Delaware Limited Liability
Company, qualified to do and actually doing business in the State of Minnesota as Republic
Services of the Twin Cities - Blaine,herein called the "Contractor".
1 Purpose of Agreement
The purpose of this Agreement(also known as Contract) is to define the requirements of the
Recycling Services program for dwellings of up to and including 12 dwelling units and
designated municipal facilities. The goal of the City is to maximize the fullest recovery possible
of recyclable materials in a convenient, cost-efficient manner.
As of November 1, 2018 City utility billing records lists 9093 dwelling units that qualify to
receive recycling service under this contract Agreement. This unit count does not include
additional municipal facilities that need to be serviced under this Agreement, which are listed
under Section 17.
2 Terms of Agreement
The term of this seven(7)year Agreement shall be from May 1, 2019 through April 30, 2026,
the date of signature by the parties notwithstanding. This Agreement is renewable, upon the
written mutual consent of the parties.
3 Definitions
Minnesota Statute definitions shall be the primary legal basis for all contract definitions. Other
definitions included herein are for purposes of ease of communication. However, if a contract
definition is in conflict with the Minnesota Statutes,the Minnesota Statutes shall take
precedence.
Aluminum: Disposable containers fabricated primarily of aluminum, commonly used for soda,
beer,juice, or other beverages; clean aluminum foil and pie tins.
Cardboard: Cereal, cracker, pasta, shoe, gift, electronic,tissue, beverage, and other similar
containers. Does not include plastic, wax, or other coated cardboard.
Cartons: Cartons include carton packaging such milk cartons,juice cartons,juice boxes, soup,
broth and wine cartons, and other similar containers.
City: City of Fridley, a Minnesota municipal corporation.
55
11P6966
Collection District: means a specific geographic area of the City established for the purpose of
having Curbside Recycling collection for all dwelling units on the same day.
Collection Route: means a contiguous geographic area within a Collection District determined
by the Contractor that will be serviced by one collection vehicle and which may be used to
measure collection progress. These routes and changes to the routes must be approved by the
City.
Contractor: The entity or team of entities which enters into a contract with the City for the
collection of recyclable material.
Dwelling Unit(DU): A single-unit providing complete independent living facilities for one (1)
or more persons, including permanent provisions for living, sleeping, eating, cooking and
sanitation.
Education Tag: means an information tag notifying residents about unacceptable materials set
out for collection. The tag will also contain information regarding preparation requirements.
The tag must be left at the residence if any portion of the recycling set out is not taken.
Extra Collection: The additional collection of recyclable material in excess of the provided
recycling cart.
Glass: Glass includes unbroken brown, clear, and green glass containers such as bottles and jars
used for food and beverages. Glass does not include window glass, mirrors, or light bulbs.
Markets: Any person or company that buys (or charges for)recycling of specified materials and
may include, but is not limited to: end-markets, intermediate processors, brokers and other
recycling material reclaimers.
Material Recovery Facility (MRF): A specialized facility that receives, separates and prepares
recyclable materials for marketing to end-user manufacturers.
Multi-Unit Dwelling(MUD): Generally, buildings in larger multi-family buildings with five
(5) dwelling units or more per structure.
Non-Targeted Materials: Materials that are not included in the City's recycling program.
Organics/Source-Separated Compostable Materials: Food wastes, plant materials, and paper
that are not otherwise recyclable as defined in Minnesota Statutes Chapter 115A that are:
A. Separated at the source by the waste generator for the purpose of transporting them to
a commercial compost manufacturing facility;
B. Collected separately from mixed municipal solid waste and are governed by the
licensing provisions of Section 115.93;
11P6966 5 6
C. Delivered to a facility to undergo controlled microbial degradation to yield a humus-
like product meeting the Pollution Control Agency's class I or class II, or equivalent,
compost manufacturing standards and where process rejects do not exceed fifteen(15)
percent by weight of the total material delivered to the facility; and
D. May be transferred to a licensed compost manufacturing facility, unless the
Commissioner of the Pollution Control Agency determines that no other person is willing
to accept the materials.
Paper: Mail, office and school paper; magazines and catalogs; newspaper and inserts;
phonebooks; and other similar products.
Plastic: Plastic bottles and jugs including those with attached caps; plastic cups and containers
such as yogurt cups, pudding and fruit cups, clear disposable cups, margarine and whipped
cream tubs, clear produce, deli, and take out containers, and other similarly containers . Does not
include plastic bags, polystyrene foam, or wrapping film.
Recyclable Materials: Materials that are separated from mixed municipal solid waste for the
purpose of reprocessing, including, but not limited to aluminum, cardboard, cartons, glass,paper,
plastic, and steel cans. This does not include material used to create refuse-derived fuel or
material that is destroyed by incineration. Materials may be added to this list by mutual written
agreement between the City and Contractor. Also referred to as "recycling".
Residuals: Materials collected and delivered to the processing facility, and removed from the
recyclable materials for composting, incineration or landfill disposal prior to or during
processing.
Single-Stream Recycling: Rigid containers and fibers collected and processed together.
Steel Cans: Disposable containers fabricated primarily of steel or tin used for food and
beverages.
Walk-up Service: A service for door-side collection of recyclables at designated DU's upon
request from the City or from the resident for anyone who is unable to convey recyclables to the
curb. The Contractor"walks up"to collect their materials.
4 Compensation to Contractor
4.1 PER DU PRICE
The City shall pay the Contractor the following rate over the term of the seven year contract:
The rates shall be comprised of a combined Monthly Collection Charge and a Recycling
Processing Charge. The Monthly Collection Charge shall be:
5
11 P6966
$2.50 per DU per month, May 1, 2019-April 30, 2020
$2.58 per DU per month, May 1, 2020- April 30, 2021
$2.66 per DU per month, May 1, 2021- April 30, 2022
$2.75 per DU per month, May 1, 2022- April 30, 2023
$2.85 per DU per month, May 1, 2023-April 30, 2024
$2.95 per DU per month, May 1, 2024- April 30, 2025
$3.05 per DU per month, May 1, 2025- April 30, 2026
Each year,the Monthly Collection Charge shall be adjusted set forth above (the "Annual
Collection Rate Adjustment").
The Recycling Processing Charge shall be determined based on the formula in Attachment A.
4.2 METHOD OF PAYMENT
The Contractor shall submit monthly itemized invoices to the City. Invoices so submitted shall
be paid within thirty (30) days of receipt by City.
4.3 CERTIFIED DWELLING UNIT (DU) COUNT AND SET OUT RATE
The Contractor may request that the City re-certify the number of DUs existing in the City at any
time throughout the term of this Agreement. Likewise, the City may request that the number of
DUs serviced be adjusted within 30 days of notification to the Contractor in the event that
dwelling units are added or removed from the City.
5 Collection
5.1 COLLECTION DAYS AND HOURS FOR CURBSIDE RESIDENTIAL
RECYCLING
The Contractor must collect recyclables according to the existing collection districts on Monday,
Tuesday, Wednesday, and Thursday per the Fridley Recycling Collection Districts Map
contained in Attachment B. The parties of this Agreement may mutually agree to change the
collection districts with the initiating party bearing the cost of direct mail notification to all
property owners and residents of the changed district.
Contractor must not begin recycling collection service prior to 7:00 a.m. Collection routes must
be complete by 8:30 p.m. Exceptions to collection hours may be modified only upon the mutual
agreement of the City and Contractor.
11P6966 58
5.2 FREQUENCY
The collection frequency will be every other week with the first week of collection beginning
May 1, 2019.
5.3 SEVERE WEATHER
Except as otherwise provided herein, recycling collection may be postponed due to severe
weather at the sole discretion of the Contractor. The Contractor shall consult with the City before
postponing collection. Collection will be postponed to a day mutually agreed upon.
5.4 HOLIDAY SCHEDULE
During a week when the holidays listed fall on a collection day (Monday - Thursday), recycling
collection will be one day late. The six holidays where this will occur are: New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day.
5.5 POINT OF COLLECTION
Single-family through three-unit dwelling units, including manufactured homes,will be serviced
curbside unless noted in Attachment C (the map of DU's accessible by alley or alternative
means, as qualifying for alleyside or alternative collection as mutually agreed upon by the City
and Contractor.) The curbside point of collection is at the edge of the curb along the respective
public or private street from which.the DU gains its access. When construction work is being
performed in the right-of-way, recycling carts shall be placed as close as feasible to an access
point for the collection vehicle. Contractor may decline to collect any carts not so placed, but
must provide photographic documentation of the reason for declining collection.
Dwellings of between four and 12 DUs in size will not be required to place recycling containers
curbside. Contractor will service carts or dumpsters at dwellings of between four and 12
dwelling units where they are stored, typically next to garbage enclosures. The Contractor and
City may mutually agree upon alternate collection arrangements for these dwellings where space
constrains or other limitations to normal servicing methods exist.
5.6 WALK-UP SERVICE
At the start of the Contract, 34 DUs receive walk-up service in the curbside recycling collection
program. If additional customers request walk-up service,the City and Contractor shall negotiate
the terms of the financial compensation, if any,to be provided to Contractor for walk-up service
accounts.
6 Recycling Cart Supply
The Contractor shall purchase, own,provide, inventory and distribute sturdy curbside wheeled
carts to all dwelling units, except for those multi-unit dwellings in which it is determined that a
dumpster is more appropriate, during the entire term of the Agreement. The Contractor shall
maintain carts as necessary. The carts shall be uniform and consistent in color and design. Each
DU will be provided one 65-gallon cart. Alternate sizes and additional carts shall be available
11P6966 5 9
upon at no additional cost. The Contractor shall maintain sufficient cart inventory of the proper
size and color to meet supply and demand needs for the entire term of the Agreement.
The Contractor shall be prepared to deliver all service containers to households upon request
within two weeks of a request.
7 Contractor's Property
All carts, trucks, and any other equipment that Contractor furnishes under this Contract shall
remain Contractor's property. The City and its residents shall use the equipment only for its
proper and intended purpose and shall not overload(by weight or volume), or alter the
equipment.
8 Excess Collection
The Contractor shall collect excess collection provided that it is stored in paper bags or, in the
case of cardboard, is flattened and bundled neatly with twine, and placed adjacent to the
recycling cart.
9 Liquidated Damages
The City shall send a formal written letter or electronic notice outlining the issue and notifying
the Contractor of a violation. After such notice, the Contractor shall be liable, and the City shall
charge the Contractor accordingly, for liquidated damages at the following rates, upon a
determination by the City that performance has not occurred consistent with the provisions of the
Agreement.
9.1 MISSED COLLECTIONS
The Contractor shall have a duty to pick up missed collections in which a recycling cart was
properly set out before 7:00 a.m. on the day of collection. The Contractor shall not have a duty to
pick up improperly set out carts or carts set out after 7:00 a.m. Photographic documentation must
demonstrate the reason the recycling was not collected.
The Contractor agrees to pick up all missed collections on the same day the Contractor receives
notice of a missed collection, provided notice is received by the Contractor before 11:00 a.m. on
a business day. With respect to all notices of a missed Collection received after 11:00 a.m. on a
business day,the Contractor agrees to pick up that missed collection before 6:00 p.m. on the
following business day. The penalty for missed collections not picked up by 6 p.m. the next
business day is:
• Five hundred dollars ($500)per individual occurrence;
• One thousand dollars ($1,000)per missed pick up of an entire block. A missed
block is defined as a block where residents from at least three households within
two intersections of that block or cul-de-sac report a missed collection;
• Two thousand dollars ($2,000)per incident of failure to complete collection on
the scheduled collection day when the City did not, or does not retroactively,
11P6966 6 0
approve extension of collection hours; and
• Three thousand dollars($3,000)per occurrence of failure to complete a majority
(50%or more)of collections within the collection district on the scheduled
collection day when the City did not, or does not retroactively, approve extension
of collection hours.
Exceptions
If City staff is notified of a delay prior to 4 p.m. on the scheduled collection day,the Contractor
shall be deemed not liable for liquidated damages when the Contractor's inability to perform
recycling collection service is the result of conditions beyond its control such as acts of God or
severe weather, civil disorder, significant road construction, changes in statues,regulations and
ordinances and other acts beyond the control of the Contractor. When the City and the Contractor
have mutually agreed that the Contractor may safely return to the City, the Contractor shall have
five (5) days (excluding Saturdays, Sundays, and holidays)to provide such service. In the event
of a continuing failure beyond said period,the Contractor shall not be entitled to payment for any
dwelling unit not serviced. In the event that the City has approved a delay beyond the five (5)
days,the Contractor will not be assessed penalties as specified above.
9.2 OTHER
Penalties shall be assigned in the following additional scenarios:
• One hundred dollars ($100)per incident for failure to provide adequate customer
phone service as determined by spot checks and resident complaints (e.g.,
excessive hold times; questions not answered accurately to Fridley's program
specifications, etc.).
• Three hundred dollars ($300)per incident for failure to clean up spills during
collection operations.
10 Customer Service
The Contractor shall provide a Municipal Services Manager and an Operation Supervisor that are
accessible and response to City staff needs seven days a week.
The Contractor shall provide customer service via a Contractor Customer Resource Center
("CRC") to receive calls and emails from Fridley residents between the hours of Monday
through Friday 8 AM to 5 PM and Saturdays, 8 AM to 12 PM. The Contractor shall make the
telephone number and web site address readily available and known to City residents in
education materials. The Company name and a truck number shall be printed in large print on the
collection vehicles.
The Contractor shall have a 24-hour answering service or voice mail system available to Fridley
customers and City staff.
The Contractor shall keep a customer service log of all contacts, including type of contact,
subject matter, date and the time received,the Contractor's response, and the date and time of
response.
11P6966 61
11 Publicity, Promotion and Education
The Contractor shall provide the following publicity, promotion, and education services without
additional compensation:
• Printing or embossing of recycling content and preparation instructions on each
recycling cart.
• Replacement of printing or embossing of recycling content and preparation
instructions on each recycling cart should the original become unreadable, on all
cart replacements, and on all new service dwellings.
• Printing and mailing of an informational postcard or brochure at least once per
year, including recycling instructions and collection calendar,to all dwelling units
including each dwelling unit in a multi-dwelling unit,with the City providing the
mailing list.
• Provision of 1000 copies of extra informational postcards or brochures for
distribution by the City.
• Provision of 1,000 new recycling cart stickers annually to be made available to
residents.
• Provision of one daytime, staffed tour of the Contractor's Material Recovery
Facility per year on a weekday with date and time agreed upon by the City and
Contractor with the City coordinating reservations and providing transportation
for city residents.
• Contractor will cooperate with City staff to create television interviews that
promote recycling in the community upon request.
12 Ownership of Recyclable Materials
Ownership of recyclable material set out for the purpose of participating in the curbside
recycling program shall remain with the person or household from which the material originated
until placed in Contractor's vehicle, upon which ownership shall pass to the Contractor.
13 Procedure for Handling Non-Targeted Materials
If the Contractor determines that a resident has set out Non-Targeted Materials,the driver shall
use the following procedure:
1. Contractor shall leave the Non-Targeted Materials in the recycling cart or dumpster and
leave an "education tag" indicating acceptable materials and the proper method of
preparation.
2. The driver shall record the address and take photographic documentation of the non-
targeted materials; the Contractor shall report the address and provide the photographic
documentation to the City.
11 P6966 6 2
14 Cleanup of Spillage or Blowing Litter
The Contractor shall make reasonable attempt to cleanup any material spilled or blown during
the course of collection and or hauling operations and any material that is scattered around the
recycling cart. Designated recyclable materials shall be transported in a covered,properly sealed
vehicle so that the materials do not drop or blow during transport.
15 Processing of Recyclable Material
Upon collection,the Contractor shall deliver the designated recyclable materials to a Material
Recovery Facility, an end market for sale or reuse, or to an intermediate collection center for
later delivery to a MRF or end market, according to Minnesota Statutes (M.S. 115A.95). It is
unlawful for any person to transport for disposal or to dispose of recyclable materials to a mixed
municipal solid waste disposal facility.
The City expects the Contractor to market collected recyclables to the highest and best use of the
recyclable materials (glass to glass bottles and jars, aluminum cans to aluminum cans). Adequate
recyclable material processing capacity must be provided for material collected.
The Contractor shall ensure that the percentage of collected residuals does not exceed the
percentage permissible by State Statute of material (by weight)processed in the Contractor's
MRF in a given month.
Once the Contractor's recycling collection and processing methods have been accepted and
approved by the City,the Contractor shall inform the City of any changes to the agreed upon
collection and processing methods. The Contractor shall provide written notice to the City at
least sixty(60) days in advance of any substantial change in these or subsequent plans for
receiving and processing recyclable materials collected from the City. It will be the City's right
to refuse changes to the agreed upon collection or processing methods,provided that such
approval shall not be unreasonably withheld, delayed or modified by the City. A collection or
processing method cannot be changed without the written approval of the City.
15.1 WEIGHING LOADS
The Contractor shall weigh and report the City's collected residential recyclable material weights
separately from other material. These weight slips must be made available to the City upon
request. It is recognized that the Contractor may use some means of calculating estimated
tonnage amounts based upon test weights conducted in similar situations.
15.2 ESTIMATING MATERIALS COMPOSTION
The Contractor shall provide the City with documentation of a recent scientific commodity
composition study of collected residential recyclables collected in a comparable community
upon request.
11P6966 6 3
15.3 END MARKET CERTIFICATION
Upon request by the City, the Contractor shall provide written certification to the City that all
recyclable commodities identified will continuously be recycled and not disposed. Upon request,
the Contractor shall provide the City with adequate documentation of end markets for each
recyclable commodity.
16 Third Party Processing
The City of Fridley may, at any time during the contract, elect to contract with another MRF
should it be deemed to be more cost effective. If the hauling distance is further than the
Contractor's Minneapolis MRF, and a per-mile price adjustment for the Collection Rate would
occur to cover that additional hauling cost.
17 Municipal Facilities Collection Requirements
The Contractor will provide adequate cart or dumpster capacity and every other week recycling
collection of recyclable materials at designated municipal facilities at no additional cost. The
municipal facilities currently requiring every other week recycling service are: the Fridley Civic
Campus, Springbrook Nature Center,the Fridley Public Works Garage, two municipal liquor
stores, and two satellite fire stations. The Public Works Garage container will be used to store
recyclable materials collected from City parks and must be adequately sized. Other facilities may
be added upon mutual consent of both parties.
During the term of the Contract, the City may consider providing recycling collection in
additional facilities. If this additional service is considered,the City may request a proposal
from the Contractor, or may amend the Contract to include the additional facilities.
18 Reporting
18.1 MONTHLY REPORTS
The Contractor will provide the City with monthly reports in a mutually agreed upon format.
Monthly reports shall be due to the City by the 15th of the following month. These reports are to
include at a minimum:
• Total weight of recyclables collected monthly for all customers serviced;
• Total number of potential stops and participation rate;
• Estimated weight breakdown per recycling commodity;
• Quantities of process residuals disposed(in tons);
• Log of all complaints, including the nature of the complaints; and the date and
time of response;
• Log of all resident addresses where education tags were left;
• Log of all missed pick-ups; and
• Any pending conditions that may affect the City's recycling programs
11P6966 6 4
• Any MRF Audits conducted throughout the year will be shared with the City on
the monthly report following the audit.
18.2 ANNUAL REPORTS
The Contractor will provide the City with annual reports, in a mutually agreed upon format.
Annual reports shall be due by the 15th of February. These reports are to include at a minimum:
• A list of households not participating in the curbside recycling program;
• Cart inventory and replacement schedule;
• Trends in recovery rates and participation;
• Efforts the Contractor has made to expand recyclable markets;
• Summary of market trends in prices, technology advancements, specifications,
and implications for municipal curbside recycling programs;
• Review of Contractor's recommendations for improvement in the City's recycling
program, including enhanced public education and other opportunities for
expansion;
• Opportunities for improvement with the remaining years under the current
Agreement; and
• Number of carts at all multi-family unit dwellings including any increased or
decreased levels of service based on route audits.
19 MEETINGS
The City and the Contractor shall meet as needed, but at least once a year, to review educational
and promotional materials, the recycling program, collection and customer service issues,the
annual report and other items as necessary.
20 Collection Vehicle Equipment Requirements
Vehicles shall be designed to accommodate the collection of commingled recyclable material. In
addition, all Collection vehicles used in performance of the Contract shall:
• Be compliant with City Code Chapter 113;
• Be duly licensed and inspected by the State of Minnesota;
• Operate within the weight allowed by Minnesota Statutes and local ordinances;
• Be Minnesota Department of Transportation(DOT)-compliant at all times;
• Be cleaned at least weekly and kept clean and as free from offensive odors as
possible;
• Be well painted, clean, and in good repair;
• Equipped with a back-up warning device that complies with all applicable OSHA,
Minnesota Statues, and/or Minnesota Department of Transportation regulations.
11P6966 6 5
• Be leak-proof according to modern, industry design standards;
• Follows City noise ordinances; and
• Equipped with the following:
o Two-way communications device
o First aid kit
o An approved fire extinguisher
o Warning flashers
o Sign on the rear of the vehicle which states "This Vehicle Makes Frequent
Stops"
o A broom and shovel for cleaning up spills
All of the required equipment must be in proper working order. All vehicles must be clearly
identified on both sides with the Contractor's name and telephone number prominently displayed.
The lettering must be at least three inches in height.
21 Personnel Requirements
Contractor shall retain sufficient personnel and equipment to fulfill the requirements and
specifications of the services described in this Contract. The Contractor will provide a Route
Supervisor to oversee the recycling route drivers servicing the City, and a Staff Representative to
oversee administration of the Contract(may be the same person). The Route Supervisor will be
available to address missed collections each day.
22 Employment and Non-Discrimination
The Proposer must agree to comply with all of the provisions of Minnesota Statute Section
181.59, which relate to civil rights and discrimination and all State and Federal Statutes
regarding employment and discrimination. Service shall be provided without regard to race,
color, creed, religion, national origin, and without regard to sex, age, disability,public assistance
status, or sexual orientation.
The Proposer must agree to comply with employment practices whereby no applicant for
employment or employee hired shall be discriminated against with respect to that person's hire,
tenure, compensation,terms, upgrading, conditions, facilities, or privileges of employment by
reason of race, color, creed,religion, national origin, age, sex, disability,public assistance status,
or sexual orientation, except as may be based upon bona fide occupational qualifications.
23 Insurance
Insurance secured by the Contractor shall be issued by insurance companies acceptable to the
City and admitted in Minnesota. The insurance specified may be in a policy or policies of
insurance, primary or excess. Such insurance shall be in force on the date of execution of the
Contract and shall remain continuously in force for the duration of the Contract.
11P6966 6 6
All such insurance policies will be primary without the right of contribution from any other
insurance coverage maintained by City. All policies required herein shall be written by
insurance carriers with a rating of A.M. Bests of at least"A-" and a financial size category of at
least VII.
The Contractor and its sub-contractors shall secure and maintain the following insurance:
23.1 WORKERS' COMPENSATION
Contractor must provide Workers' Compensation insurance for all its employees and, in case any
work is sub-contracted, Contractor will require the sub-contractor to provide Workers'
Compensation insurance in accordance with the statutory requirements of the State of Minnesota,
including Coverage B, Employer's Liability. Insurance minimum limits are as follows:
$1,000,000—Bodily Injury by Disease per employee
$1,000,000—Bodily Injury by Disease aggregate
$1,000,000—Bodily Injury by Accident
23.2 COMMERCIAL GENERAL LIABILITY INSURANCE
Contractor is required to maintain Commercial General Liability Insurance protecting it from
claims for damages for bodily injury, including death, and from claims for property damage,
which may arise from operations under the Contract whether the operations are by the Contractor
or by a sub-contractor or by anyone directly or indirectly employed by the Contractor under the
Contract. This policy shall have no coverages removed by endorsement. Insurance minimum
limits are as follows:
$2,000,000—per occurrence
$5,000,000—annual aggregate
$5,000,000—annual aggregate—Products/Completed Operations
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
23.3 COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
Contractor is required to maintain Commercial Automobile Liability Insurance protecting it from
claims for damages for bodily injury, including death, and from claims for property damage
resulting from the ownership, operation, maintenance or use of all autos which may arise from
operations under the Contract, and in case any work is sub-contracted Contractor will require the
sub-contractor to maintain Commercial Automobile Liability Insurance. Insurance minimum
limits are as follows:
11P6966 6 7
$2,000,000—per occurrence, combined Single Limit for Bodily Injury and Property
23.4 ADDITIONAL INSURANCE CONDITIONS
• Any insurance limits in excess of the minimum limits shall be available to City.
• All policies except professional liability shall be endorsed with a waiver of subrogation in
favor of City, including its elected and appointed officials, employees, and agents for
losses arising from activities under the Contract.
• Contractor is responsible for payment of Contract-related insurance premiums and
deductibles.
• Contractor is responsible to review and ensure any and all sub-contractors comply with
the insurance provisions contained herein and said insurance is maintained as specified.
• Contractor's policies shall include legal defense fees within its liability policy limits.
• An Umbrella or Excess Liability insurance policy may be used to supplement the
Contractor's policy limits on a follow-form basis to satisfy the full policy limits required
by the Contract.
• The City reserves the right to immediately terminate the Contract if the Contractor is not
in compliance with the insurance requirements and retains all rights to pursue any legal
remedies against the Contractor.
• Contractor is required to submit a Certificates of Insurance acceptable to City as evidence
of the required insurance coverage requirements.
• The Certificate of Insurance i)will also provide for 30 days prior written notice of
cancellation to the City (except Workers' Compensation); (ii) shall name City as an
additional insured under the Automobile, General Liability, and any umbrella or excess
policies (if applicable); and, (iii) shall contain waivers of subrogation in favor of City
(excluding Worker's Compensation policy) except with respect to the sole negligence or
willful misconduct of City.
• City's failure to approve or disapprove Contractor's policies or certificates shall not
relieve Contractor of full responsibility to maintain the required insurance.
• If the coverage period shown on Contractor's current Certificate(s) of Insurance ends
during the duration of the project, Contractor must, prior to the end of the coverage
period, obtain a new Certificate of Insurance showing that coverage has been extended.
• No representation is made that the minimum insurance requirements are sufficient to
cover the obligations of Contractor under the Contract.
24 ASSIGNMENT
Neither party shall assign this Agreement, nor any interest arising herein, without the written
consent of the other party.
24.1 SUB-CONTRACTOR
The Contractor shall not enter into sub-contracts for any of the services provided for in this
Agreement without the express written consent of the City. Failure to obtain such written
approval by the City prior to any such assignment or sub-contract shall be grounds for immediate
Contract termination.
6 8
11 P6966
24.2 TRANSFER OF INTEREST
The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in
the Contract, either by assignment or novation, without the prior written approval of the City
provided that such approval shall not be unreasonably withheld, delayed or modified by the City.
25 Independent Contractor
Nothing contained in this agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
Contractor shall at all times remain an independent Contractor with respect to the services to be
performed under this Contract. Any and all employees of the Contractor or other persons
engaged in the performance of any work or services required by Contractor under this Contract
shall be considered employees or sub-contractors of the Contractor only and not of the City; and
any and all claims that might arise, including Worker's Compensation claims under the Worker's
Compensation Act of the State of Minnesota or any other state, on behalf of said employees or
other persons while so engaged in any of the work or services provided to be rendered herein,
shall be the sole obligation and responsibility of Contractor.
26 Licensing
The Contractor must have a Class III Collector's license issued by the City, per City Code
Section 113. The Contractor is responsible for all necessary county, state, and other applicable
licensing.
27 Governing Law
This Contract shall be interpreted and governed by the internal laws of Minnesota.
28 Risk Allocation and Indemnification
The Contractor shall be responsible for any and all claims for personal injuries or death, or the
loss of or damage to property to the extent caused by Contractor's negligence or acts of willful
misconduct or those of its sub-contractors or agents.
The Contractor agrees to indemnify, defend and hold the City, its agents,contractors, sub-
contractors, officials, employees,attorneys,boards,Council,agents,volunteers and representatives
harmless against and in respect of any and all claims, demands,actions,suits,proceedings,losses,
costs, expenses, obligations,liabilities,damages,recoveries, and deficiencies,including interest,
penalties and reasonable attorneys' fees,that the party incurs or suffers,which arise out of,result
from or relate to the Contractor's negligence in its performance of the services under this
Agreement. Contractor's indemnification obligation to the City for any City liability to third parties
shall be capped at the City's maximum liability limits set forth in Minnesota Statutes Chapter 466,
exclusive of the City's reasonable attorneys' fees and related litigation expenses. Such reasonable
attorneys' fees and related litigation expenses shall not be subject to said cap and Contractor shall
11P6966 6 9
indemnify the City for those fees and expenses in addition to its indemnification obligation for any
City liability to third parties.
In no event shall the Contractor be responsible to indemnify any party indemnified under this
section for any claims,demands,actions, suits,proceedings, losses,costs,expenses, obligations,
liabilities, damages,recoveries and deficiencies,including interest,penalties and reasonable
attorneys' fees,that are incurred due to the negligence or intentional misconduct of any party
indemnified under this section. The parties further agree that this indemnity obligation shall
survive the completion or termination of this Agreement.
28.1 GOVERNMENTAL IMMUNITY
Nothing contained herein shall be deemed a waiver by the City of any governmental immunity
defenses, statutory or otherwise. Further, any and all claims brought against the City shall be
subject to the maximum liability limits provided in Minnesota Statutes Section 466.04 subdivision 1
(to the extent applicable).
28.2 DISPOSAL FINES AND PENALTIES
Contractor is solely responsible for all fines and penalties imposed by any governmental agency
relating to Contractor's negligence or willful misconduct during its the hauling and processing of
Recyclable Materials or disposal of Residuals and it shall indemnify, defend and hold the City
harmless therefrom.
28.3 NO CLAIMS
Contractor agrees to pay all persons doing work or furnishing skill, tools,machinery, or
materials or insurance premiums or equipment or supplies for Contractor with respect to
Contractor's performance of services under this Agreement, and all just claims for such work,
material, equipment, insurance, and supplies provided to or for Contractor with respect to
Contractor's performance of services under this Agreement. Contractor shall indemnify, defend
and hold the City harmless from such claims.
29 Performance Bond
The Contractor shall execute and deliver to the City a performance bond with a corporate surety
in the sum of three hundred thousand dollars ($300,000). This Agreement shall not become
effective until such a bond, in a form acceptable to the City,has been delivered to the City and
approved by the City Attorney. This agreement shall be subject to termination by the City at any
time if said bond shall be canceled or the surety thereon relieved from liability for any reason.
Upon renewal or extension of this agreement, the Contractor will execute and deliver to the City
a performance bond complying with the requirements above to cover the entire period of renewal
or extension.
11P6966 70
30 General Compliance
The Contractor shall conduct operations under this Contract in compliance with all applicable
laws, including local ordinances; provided, however,that this Contract shall govern the
obligations of the Contractor where there exist conflicting ordinances of the City on the subject.
31 Employee Working Conditions and Contractor's
Safety Procedures
The Contractor will ensure adequate working conditions and safety procedures are in place to
comply with all applicable federal, state and local laws and regulations. The City reserves the
right to inspect on a random basis and upon reasonable advance written notice to Contractor all
trucks, equipment, facilities, working conditions, training manuals, non-privileged records of
claims for Worker's Compensation or safety violations and standard operating procedures
documents. The City also reserves the right to inspect and approve the Contractor's safety plans
for protection of public and employee safety during route collections and other operations.
32 Accounting Standards
The Contractor agrees to maintain the necessary source documentation and enforce sufficient
internal controls as dictated by generally accepted accounting practices to properly account for
expenses incurred under this Contract.
33 Confidentiality
Contractor shall have no confidentiality obligation with respect to any Recyclable Material
collected pursuant to this Contract.
34 Data Practices
The Contractor agrees to comply with the Minnesota Government Data Practices Act and all
other applicable state and federal laws relating to data privacy or confidentiality. The Contractor
must promptly report to the City any requests from third parties for information relating to this
Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning
data requests. The Contractor agrees to hold the City, its officers, and employees harmless from
any claims resulting from the Contractor's unlawful disclosure or use of data protected under
state and federal laws.
35 Opener
Should the Tons Sold Rate (as defined in Attachment A) fall below$50 per ton after Year 3,the
Contractor shall notify the City at the time of the next Annual Recycling Adjustment. The City
of Fridley may decide to reopen this Contract or re-negotiate the Recycling Processing Charge
within sixty(60) days of such notification. Within such sixty(60) days,both parties shall attempt
71
11P6966
good faith negotiations. If an agreement is reached, an amended contract shall be executed with
an effective date of May 1'of the following year. If both parties cannot successfully come to an
agreement, the City of Fridley shall notify the Contractor in writing within such sixty(60)day
period of its intent to exit this Contract and put the service(s) out for Proposal. The Contractor
shall continue to provide recycling services at the most recent Recycling Processing Charge for a
period of nine (9) months following the City's notification to the Contractor of the City's intent
to exit this Contract. This Contractor will automatically terminate, with no penalty to the City or
the Contractor,nine (9)months following such notification, unless the parties otherwise mutually
agree in writing to renew or extent this Contract.
36 Severability
If any provision of this Contract shall be invalid, illegal or unenforceable, it shall be modified so
as to be valid, legal and enforceable but so as most nearly to retain the intent of the parties. If
such modification is not possible, such provision shall be severed from this Contract. In either
case,the validity, legality and enforceability of the remaining provisions of this Contract shall
not in any way be affected thereby.
37 Contract Termination
37.1 TERMINATION BY CITY
In the event of a failure by Contractor to perform any material provision of this Contract, the
City shall give written notice of such breach to the Contractor along with at least thirty(30)days
(the"cure period")to correct such breach. City may terminate this Contract after such cure
period if Contractor has not adequately corrected such breach in accordance with this Contract
and City so notifies Contractor in writing of such termination action.
37i TERMINATION BY CONTRACTOR
In the event of a failure by City to perform any material provision of this Contract,the
Contractor shall give written notice of such breach to the City along with at least thirty(30)days
(the "cure period")to correct such breach. Contractor may terminate this Contract after such cure
period if City has not adequately corrected such breach in accordance with this Contract and
Contractor so notifies City in writing of such termination action.
37.3 CLAIMS
Following any such termination or expiration of this Contract, neither party shall have any
further obligation under this Contract other than for claims arising prior to such termination date
or expiration date and provisions that expressly survive the termination or expiration of this
Agreement such as the indemnification obligations set in Section 26.
7 2
11P6966
37.4 CART REMOVAL
Following termination or non-renewal of this Contract by the City or Contractor,the Contractor
shall remove all containers placed pursuant to the Contract within two (2)weeks at no additional
cost.
38 Renewal of Contract
This Contract is renewable, upon the written mutual consent of the parties.
39 Notice
Except as otherwise herein provided, all notices required to be served by either party shall be in
writing and sent by postage prepaid, certified mail, as follows:
If to the City of Fridley:
City of Fridley
Attn: Environmental Planner
7071 University Ave. NE
Fridley, Minnesota 55432
If to Contractor:
Republic Services
Attn: Bev Mathiasen, Municipal Services Manager
8661 Rendova Street NE
Blaine, MN 55014
Or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. All notices shall be effective on the date sent.
3
11P6966
Attachment A. Recycling Processing Charge
*Example of Recycling Processing Fee Calculation:
Net Processing Value/Charge - Model for Annual Rate Review
Number of Homes 9,195
Pickups per Month 2.165
Pounds per set out 14.5
Tons per Month 144.3270188
Recycle Processing Rate per Ton for Residential Stream(from MRF Controller) $ 114.44
% Tons Rate
Tons sold 88% 127.01 107.00 Rev from Commo4tv $ 13,590
Residual tons 12% 17.32 $ 83.52 tesiduaJ Costs(Trans&Disp, $ (1,447)
*Residual costs should be a cost,a revenue n Net Revenue $ 12,143
Commodity Value(Net Revenue divided by Tons per Month) $ 84.14
Net Processing Position(Commodity Value minus Processing Rate) $ (30.30)
Share with City(if commodity value exceeds processing costs) 50%
City Rebate(per Ton) $ -
Monthly Net Processing Value(Rebate or Net Processing Position x Tons per Month) $ (4,373)
Rate Adjustment to Reconcile Commodity Market Value $ 0.48
A. Annual Recycling Adjustment. In addition to the Annual Collection Rate Adjustment
set forth in Section 4.1 of this Agreement, by the September 1 st following each
anniversary of the Effective Date of this Agreement, Republic shall evaluate, and adjust if
needed, the Recycling Processing Charge based on any changes in Number of Homes,
Pick Ups Per Month, Pounds Per Set Out, Tons Per Month, Commodity Value, Processing
Rate and/or Residual Costs (the "Annual Recycling Adjustment"). The Recycling
Processing Charge over the most recent preceding twelve (12) month period shall be
compared to the last identified Recycling Processing Charge to determine any change.A
reduction in the Recycling Processing Charge shall result in a decreased price for the
Recycling Services for the twelve (12) months immediately following the effective date
of the Annual Recycling Adjustment.An increase in the Recycling Processing Charge
shall result in an increased price for the Recycling Services for the twelve (12) months
immediately following the effective date of the Annual Recycling Adjustment.
11P6966 7 4
B. Rebates. In the event that the Net Processing Rate for any given year is greater than zero
dollars ($0), Contractor agrees to share fifty percent (50%) of the savings with the City
by applying a credit for fifty percent(50%) of such Net Processing Rate that is greater
than zero dollars ($0)to the following year's Recycling Processing Charge. Contractor
will provide the City with annual reports containing all information and data necessary to
calculate and verify the Net Processing Rate, Commodity Value and Processing Rate.
(1) "Net Processing Rate"means the Commodity Value minus the Processing Rate
and Residual costs.
(2) "Commodity Value"means the average amount Contractor receives per twelve
(12)month period on the sale of Recyclable Materials processed at the facility
receiving the City's recyclable Materials.
(3) "Processing Rate"means the then-current rate Contractor charges to process
Recyclable Materials.
C. Recycling Processing Charge. The Recycling Processing Charge (an example of which
is set forth at the beginning of this Attachment A) shall be based on the following inputs:
(1) Number of homes: To be determined based on the Certified Dwelling Unit
Count.
(2) Pickups per month: Pickups per month is 2.17 (26 weeks per year divided by 12
months).
(3) Pounds per pickup: To be determined based on monthly recycling abatement
forms completed by drivers indicating the tonnage collected. That tonnage is
multiplied by 2,000, divided by 2.17, and then divided by the number of
households in the city to reach the average pounds per set out for that month.
(4) Tons per month: To be determined based on the pickups per month multiplied
based on the pounds per pickup.
(5) Recycling Processing Rate Per Ton: To be determined from MRF Controller,
but with an annual cap of a 3% increase.
(6) Tons Sold Percentage: To be determined based on outbound tons sold to a mill at
a positive price.
(7) Residuals Sold Percentage: The residual rate is the inbound tons less tons sold or
disposed—this is a MRF average, not specific to Fridley.
(8) Tons Sold Rate: To be determined based on the sale price of material processed
less any transportation costs incurred delivering material to the end mill.
(9) Residuals Tons Rate: To be determined based on the cost to transport and
dispose of the residual material after processing is complete.
11P6966 7 5
Attachment B. Current Route Map
pow/ Fridley Recycling Schedule
Effective: January 1,2018
---- x '-Holiday week may move your normal recycling day back one day
,
plue_Week Monday. plus Week Tueadav:
,, _,slJan: 8.22 Jan: 9,23
Vy 11• S. _ Feb: 5.19 Feb: 6,20
March: 5 19 March: 6,20
April: 2,16.30 April: 3,17
May: 14,29' May: 1,15;30
{ , June: 11,25 June: 12,25
T'
` ' July: 9,23 July; 10,24
';::,.-;:,' Aug:- 6,20 Aug: 7,21
• - i Sept. 4',17 Sept: 5,18
N J Oct: 1 15 29 at 2.16,30
11� --Ti. '
Noy: 12 24 Dec 1l,'2
1lli Dec 10 24 Dec it '2G
Grey Week Monday: ', -. 0080RNERD NE z#„ • 1
Jan: 2'.15,29 Y
Feb: 13.26 .l r
March- 12,26 \ „*'*` ?
Apnl: 8.23 r. - V
May: 7.21 i ,.Jy ,.•"-, r `"1.. t_>
June: 4,18 is
July: 2,16,30 i "#"..,; ,;y 5 3,`,_.... •--L y w..+-"_.
Aug:sep, 13,27 IMO say.
t _
a,24 17:!7-. - Thursday
Nov: 6,19 j"�^`-. l " �g
Dec: 3.17.31 �
it t� lfr '} `.,Ay,,,, P, br is ;'
• sl��\,. I J't
, : r. �'
Grey Week Tuesday: • '� • 4 I '1' "l
Jan. 3•,16,30 1 _,. , A 1`1 v �,,...d 127 ( .'''Wt
Feb: 13,27 '.07,\`<:,..„,„ r,t . _1. ,1, -= i!': 1
:t
March 13,27 _ _ G -, { f i
April 10.24 : . MI55I5SIP Sr E 1.@y(✓;
May: Y 3 ,a t t
8,22
June. 5,19 q
July: 3,17,31 r, ,. , e_ �..,_ -L� 1 :F �, I; I s1-7
Aug 14,28 99 1 '31;r RICE CREEK RD NE
OCA
Sept. 91123 j• • 4 "t'- '-_ j • • ;' 11
)r±r^ r.
Nov: 8,20 �; _ ! 1 g,.,/!-�y p�@ r
Dec: 4,18 N dl. t j 1 r _Uv ednes '
• >' rig '4. k
Grev Week Wednesday* I•- �,.,g, -r i,
Jan. 4.17,31 �' h.
Feb: 14,28
March: 14,28 ( i ' v t �' 'T
Apel- 11,25 l -, e.{I.J. :; _ _ I--4c
May: 9,23 _ _ o: .___,,;;;#'
_- Il
June: 6,20 17 rr., -_ � (-y'.1 .. . irI
�� I
July. 'S,18 � ,,ilk _.I \. - 'vs- ' _
Aug, 1,15,29 999 "I "-r' i(-r�` 91
Sept 12,26 1 A ..111 -`.-
v 10,24 I i l � It 4_
Ocl: _
Nov 7,21 1..' �_t _`,.i7 Al ,
Dec; 5,19 i Tu Z 1 I
u,
Grey Week Thursday' `�®j glue Week Wednesday' Blue Week Thursday
Jan 6',18 A .r Jan: 10,24 Jen: 11,25
Feb: 7.21 Feb. 8,22
Feb 1,15 March: 1,15,29 t _ 1Mareh: 7,21 March: 8,22
Pard. 12,26 Z.^ '_I April: 4,18 Aprlt 5,19
May: 10,24 May: 2,16,'31 May: 3.17,•Jun1{Hd.1
June: 7,21 June: 13,27 June. '1,14,28
July: •6,19 ! "..1.,,,,,..1f July: 11,25 July: 12,26
Aug: 2,16,30 Aug: 8,22 Aug: 9,23
Sept.. 13,27 ^, Sept 'S,19 Sept: '7.20
Oct 11,25 l V Oct: 3.17,31 Oct: 4,18
Nov: 8.23' -.it Nov-
14,28 Nov: 1,15,29
Dec: 6,20 Dec: 12,'27 Dec: 13,'28
.41,.,....
....„,
-- The Cay of Frdley has taken every Mon to
9ptia,E3 provde the most uP-to4&e Information available.
cis, -.+ty Da...M The data pigmented here m subject to change
y_,4n,rng The Gay of Frklley eat not be,OWunslble fa
mom; .s
unforeseen errors o,usage of me document
n. .r_..,iMap Date: December 20.2017
Attachment B. Current Route Map 23
76
Attachment C. Alley Map
,
-( Map of Alley Collection Sites L,"
r
; .
co, a w
116 s
i ik
Ell N
6,'.6 Y t.l
3 -
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60TH AVE 60TH AVE `-
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58TH AVE 58TH AVE Y
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te
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Bin Locations for Alley Properties
c
N Front 48
z
—1 ' m Rear:63
j i Side:20
46TH AVE IM
OP
53R6 AVE Paved Alley
1 Mobile Homes
' .' CityLimits
`' Water
Parcels
24
Attachment C. Alley Map
AGENDA ITEM
Fndley CITY COUNCIL MEETING OF
DECEMBER 17, 2018
Date: December 11, 2018
To: Walter Wysopal, City Manager 44,,,-
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Rachel Workin, Environmental Planner
Subject: 2019 Anoka County Agreement for Residential Recycling Program
BACKGROUND
In 1989, the Minnesota Legislature adopted comprehensive waste reduction and recycling
legislation based on the recommendations of the Governor's Select Committee on Recycling and the
Environment (SCORE), which provides counties with a funding source to develop waste reduction,
recycling, organics and solid waste management programs. Each year,Anoka County allocates a
base amount of funding to cities within the County, along with enhancement funds to complete
additional activities.
2019 Grant Funds Available
For 2019, the Anoka County Residential Recycling program offers the City of Fridley the
following base and enhancement funds based on 2017 Metropolitan Council estimate of 11,697
households:
Category Amount Formula
Base Funding $68,485 $10,000+$5 per household
Additional Drop-off Events $15,000 Equal for all communities
>5,000 households
General Enhancement $11,697 $1 per household
Organics Grant $11,697 $1.00 per household
Total $106,879.00
Additionally, Fridley staff was able to request up to $20,000 for supplementary projects apart
from the base and enhancement funds, which was awarded. The total offered to Fridley for
recycling programs in 2019 is $126,879 as compared to $120,607 in 2018 and$108,945 for
78
2017. Additional dollars are planned to be spent towards:
1) Education on organics recycling and promotion of the City's new voluntary curbside
organics recycling program.
2) Subsidy of the collection cost of the organics program to encourage higher level of
participation.
3) Cost-share of compostable plateware to encourage organics recycling.
4) Recycling drop-off events
Residential Drop-Offs
In 2018, the City began hosting all recycling drop-off and paper shredding events at Green Lights
Recycling (GLR) due to construction and space constraints at the Civic Campus. The anticipated
disadvantage of the switch was that it was further for residents to travel. Due to the decreased
cost of hosting events at GLR, the City increased the number of events from three per year in
2017 to six per year in 2018. The City found that hosting the events at GLR provided a cost
savings without a decreased number of total residents served (note: some residents may be
attending multiple events):
2017 (2 events in 2018 (6 events at GLR)
Fridley; 1 event at
GLR)
Number of Attendees- Drop-offs 1309* 1352
Number of Attendees- Paper Unknown 845
Shredding
Drop-off Tonnage 110.6 87.6
Paper Shredding Tonnage 16 18
Total Cost (not including publicity) $58,8451.19 $33,584.22
*2017 numbers also include residents who shredded paper at the May recycling event but did not
drop-off items
Residents experienced much shorter wait times at the Green Lights Recycling facility, with all
residents being served in less than 15 minutes. It should be noted that the Green Lights Recycling
events brought in less tonnage, which may be attributed to residents bringing in less items or
lower weight items. However, considering the maintained number of participants, decreased wait
times, lack of suitable alternatives, and decreased costs, staff plans to continue drop-off events at
Green Lights Recycling in 2019.
RECOMMENDATION
Staff recommends that the City Council approve the attached 2019 Anoka County Agreement for
the Residential Recycling Program for a total grant amount of$126,879.
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Anoka County Contract#C0006715
2019 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM
THIS AGREEMENT made and entered into on the 1st day of January 2019,
notwithstanding the date of the signatures of the parties,between the COUNTY OF ANOKA,State
of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF FRIDLEY, hereinafter
referred to as the"MUNICIPALITY".
WITNESSETH:
WHEREAS,the County will receive funding from the State of Minnesota pursuant to Minn.
Stat. § 115A.557 (hereinafter "SCORE funds") during 2019 which must be used to encourage
recycling and a portion must be specifically directed to recycling source -separated compostable
materials; and
WHEREAS, the County will also receive funding pursuant to Minn. Stat. § 473.8441
(hereinafter"LRDG)funds")during 2019; and
WHEREAS, the County also has additional budgeted program funding available to
supplement SCORE and LRDG funds for solid waste recycling programs, so that the available
amount for the Residential Recycling Program is$1,551,716 and
WHEREAS, the County Solid Waste Management Master Plan 2018(Master Plan 2018)
and MPCA Metropolitan Solid Waste Management Policy Plan 2016-2036 state that MSW
generated in the County that is not reused, recycled or composted,will be processed to the extent
that processing capacity is available; and
WHEREAS,the Master Plan 2018 was developed with the participation of a representative
from the Municipality staff, and the Municipality is required to develop and implement programs,
practices,or methods designed to meet waste abatement goals by Minn. Stat. § 115A.551, Subd
2a. (b).
WHEREAS, the County wishes to assist the Municipality in meeting recycling goals
established by Anoka County by providing said SCORE and LRDG funds to cities and townships
in the County for solid waste recycling programs.
NOW,THEREFORE, in consideration of the mutual covenants and promises contained in
this Agreement,the parties mutually agree to the following terms and conditions:
1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the
County and the Municipality to implement solid waste recycling programs in the
Municipality which will help the County and member municipalities meet the goals set in
the current Anoka County Solid Waste Management Master Plan. The County and the
Municipality agree that the information provided in the recitals above is to be incorporated
into the purpose of this agreement.
2, TERM. The term of this Agreement is from January 1, 2019 through December 31, 2019
unless earlier terminated as provided herein.
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3. DEFINITIONS. Defined terms contained in this Agreement and all the attachments are
found in Minn. Stat. §§ 115A.03; 115A.471; and 115A.552. The use of capitalization for
defined terms has no special effect. For convenience,a full list of defined terms is included
with the Municipal Grant Application. Additionally:
a. "Full-Service Recycling Drop-off Center" means centralized permanent drop-off
center that is open at least two times a week and accepts at least four types of
materials beyond traditional curbside recyclables, i.e.: mattresses, appliances, scrap
metal, carpet, furniture, source-separated compostable materials, electronics, etc.
b. "Multifamily dwellings" means households within apartment complexes,
condominiums,townhomes, mobile homes and senior housing complexes.
c. "Quasi-Municipal event" means community festivals which appear to the public to be
supported and run by the Municipality but in fact are sponsored or co-sponsored by
an independent non-profit 501c(3) organization, for example: the Anoka Halloween
Parade.
4. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for
eligible expenses, less revenues or other reimbursement received,for eligible activities up
to the project maximum,which shall not exceed $126,879.00.
The County reserves the right to reduce the funding provided in the event the Municipality
does not complete the additional Grant Projects referenced in the 2019 Anoka County
Municipal Waste Abatement Grant Funding Application.
The County also reserves the ability to assess the programs and reallocate unused
SCORE and/or, LRDG funds mid-year if any participating municipality demonstrates
the need for the funding and funds are available. The Municipality shall be provided
documentation of the funding award determination and rationale as indicated by the 2019
Grant Funding Award.
5. PROGRAM. The Municipality shall develop and implement a residential solid waste
recycling program adequate to meet the Municipality's annual recycling goal of 2,815 tons
of recyclable materials as established by the County. The Municipality shall ensure that
the recyclable materials collected are delivered to processors or end markets for recycling.
a. The Municipal recycling program shall include the following components:
i. Each household (including both single and multi-family dwellings) in the
Municipality shall have the Opportunity to Recycle at least four broad types of
materials, including but not limited to, paper (including cardboard/paperboard
cartons), glass, plastic, metal and textiles.
ii. The recycling (including any organics) program shall be operated in compliance
with all applicable federal, state, and local laws, ordinances, rules and regulations.
iii. The Municipality shall implement a public information program that contains at
least the following components:
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(1) One promotional mailing to each household focused exclusively on the
Municipality's recycling program;
(2) One promotional advertisement detailing recycling opportunities available for
residents included in the Municipality's newsletter or local newspaper; and
(3) Two community outreach activities at Municipal or Quasi-Municipal events to
inform residents about recycling opportunities.
iv. The public information components listed above shall focus on all recyclable
materials and the various opportunities to recycle and compost within the
Municipality. The Municipality shall incorporate Rethink Recycling and other
regional images and use the toolkits provided by the County when preparing
promotional materials. The Municipality, on an ongoing basis, shall identify new
residents and provide detailed information on the recycling opportunities available
to these new residents. The County shall work with the Municipality on promotional
materials to coordinate messages. The Municipality shall provide promotional
materials for review prior to publication to ensure accuracy.
v. The Municipality shall regularly attend the monthly Solid Waste Abatement
Advisory Team meetings per year.
vi. The Municipality shall offer a minimum of one spring and/or fall recycling drop-off
event(s)where items not normally accepted at the curb are collected for recycling.
If the Municipality is hosting a monthly drop-off as described below,the spring/fall
recycling drop-off events may be included within that program.
b. The Municipality is encouraged to expand its recycling program to include one or
more of the following components in order to receive additional funding.
i. Organize monthly/quarterly recycling drop-off events which can be held in
conjunction with a neighboring municipality(ies) on a cooperative basis for the
citizens of both/all municipalities.
ii. Provide a community event recycling program,which at a minimum would consist
of providing recycling opportunities at all Municipal sponsored or Quasi-Municipal
events and festivals as required by Minn. Stat. § 115A.151. The feasibility of
adding organics collection at the event will be explored and if feasible,
implemented as an enhancement to the waste abatement program.
iii. Provide the opportunity for citizens to engage in recycling activities at Municipal
and Quasi-Municipal facilities as required by Minn. Stat. § 115A.151 such as
athletic fields and public centers.
iv. Organize and manage a Full-Service Recycling Drop-off Center.
v. Develop enhanced recycling promotion and assistance for multifamily dwellings.
vi. Develop additional opportunities for source-separated compostable materials
collection.
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vii. Develop and implement additional opportunities to recycle bulky and problem
materials (e.g. appliances, batteries, carpet, electronics, mattresses, oil, scrap
metal, etc.)from residents on an on-going basis either curbside or at a drop-off.
c. If the Municipality's recycling program did not achieve the Municipality's recycling
goals as established by the County for the prior calendar year, the Municipality
shall work with the County to prepare a plan to achieve the recycling goals set forth
in this Agreement.
d. The Municipality's recycling program shall be limited to residential programming
for funding reimbursements under this Agreement. The County will not reimburse
business recycling programming or household hazardous waste programming by
the Municipality. Any inquiries or requests regarding these topics should be sent
to the County for response.
e. In addition to the above requirements designed to increase residential recycling
opportunities,the Municipality shall provide recycling opportunities in all municipal
buildings including but not limited to, city offices, public meeting rooms and parks,
as required by Minn. Stat. § 115A.151. If items collected through the Municipal
recycling program prove to be contaminated or not recyclable, those items shall
be treated as public entity waste and must be processed at a resource recovery
facility. Minn. Stat. §§ 115A.46, 115A.471 and 473.848. See page 44, 47-48, 51,
and p. 67 of the 2018 Anoka County Solid Waste Management Master Plan
regarding the requirements for Public Entity Waste.
f. Pursuant to Minn. Stat. §§ 115A. 46, 115A.471 and 473.848, all waste generated
by municipal government activities (including city/town halls, public works and
public safety buildings, parks, and libraries, and for municipalities that arrange for
waste services on behalf of their residents (organized collection)) shall be
delivered to a waste processing plant for disposal as long as capacity is available.
Failure to comply with this provision shall constitute a breach of this Agreement
resulting in the loss of all Grant Funding unless, pursuant to statute, the
Municipality has conferred with the County and developed a plan to comply within
a reasonable period of time.
6. REPORTING. The Municipality shall submit the following reports semi-annually to the
County no later than July 15, 2019 and January 10, 2020.
a, An accounting of the amount of waste which has been recycled as a result of the
Municipality's activities and the efforts of other community programs, redemption
centers and drop-off centers. For recycling programs,the Municipality shall certify
the number of tons of each recyclable material which has been collected and the
number of tons of each recyclable material which has been marketed. For
recycling programs run by other persons or entities, the Municipality shall also
provide documentation on forms provided by the County showing the tons of
materials that were recycled by the Municipality's residents through these other
programs. The Municipality shall keep detailed records documenting the
disposition of all recyclable materials collected pursuant to this Agreement. The
Municipality shall also report the number of cubic yards or tons of yard waste and
source-separated compostable materials collected for composting, chipping, or
land spreading, together with a description of the methodology used for
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calculations. Any other material removed from the waste stream by the
Municipality, i.e.tires and used oil, shall also be reported separately.
b. Information regarding any revenue received from sources other than the County
for the Municipality's recycling programs, i.e. revenue taken in from the sale of
recyclables and fees collected from residents, shall be reported.
c. Copies of all promotional materials that have been prepared by the Municipality
during the term of this Agreement to promote its recycling and organics collection
programs.
d. The Municipality agrees to support County efforts in obtaining hauler reports by
ensuring compliance through ordinance, contract or license requirements and the
ability to exercise punitive actions, if needed.
e. The Municipality agrees to furnish the County with additional reports in form and
at frequencies requested by the County for financial evaluation, program
management purposes,and reporting to the State of Minnesota.
7. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices
semi-annually to the County for abatement activities no later than July 15, 2019 and
January 10, 2020. Costs not billed by January 10, 2020 will not be eligible for funding.
The invoices shall be paid in accordance with standard County procedures, subject to the
approval of the Anoka County Board of Commissioners.
8. PUBLICATIONS. The Municipality shall acknowledge the financial assistance of the
Anoka County on all promotional materials, reports and publications relating to the
activities funded under this Agreement, by including the following acknowledgement:
"Funded by the Anoka County Board of Commissioners and State SCORE (Select
Committee On Recycling and the Environment) funds." The Municipality shall provide
copies of all promotional materials funded by this grant.
The County shall provide all printed public information pieces about County programs. A
Municipality shall not modify County publications related to business recycling, household
hazardous waste management or the County compost sites.
Information about the County's business recycling program, household hazardous waste
management program or County compost sites that a Municipality plans to publish in a
Municipal communication, printed or electronic, shall be provided to the County for review
and approved by the County prior to publication to ensure accuracy and consistency.
9. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality
harmless from all claims, demands, and causes of action of any kind or character,
including the cost of defense thereof, resulting from the acts or omissions of its public
officials, officers, agents, employees, and contractors relating to activities performed by
the County under this Agreement.
The Municipality agrees to indemnify, defend, and hold the County harmless from all
claims, demands, and causes of action of any kind or character, including the cost of
defense thereof, resulting from the acts or omissions of its public officials,officers, agents,
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employees, and contractors relating to activities performed by the Municipality under this
Agreement.
The provisions of this subdivision shall survive the termination or expiration of the term of
this Agreement.
10. GENERAL PROVISIONS.
a. In performing the provisions of this Agreement, both parties agree to comply with
all applicable federal, state or local laws, ordinances, rules, regulations or
standards established by any agency or special governmental unit which are now
or hereafter promulgated insofar as they relate to performance of the provisions of
this Agreement. In addition, the Municipality shall comply with all applicable
requirements of the State of Minnesota for the use of SCORE funds provided to
the Municipality by the County under this Agreement. The Municipality shall also
comply with all relevant portions of the current Anoka County Solid Waste
Management Master Plan and shall participate in the preparation of the successor
Master Plans.
b. If the Municipality utilizes the services of a subcontractor for purposes of meeting
requirements herein, the Municipality shall be responsible for the performance of
all such subcontracts and shall ensure that the subcontractors perform fully the
terms of the subcontract. The agreement between the Municipality and a
subcontractor shall obligate the subcontractor to comply fully with the terms of this
Agreement.
c. It is understood and agreed that the entire agreement is contained herein,and that
this Agreement supersedes all oral and written agreements and negotiations
between the parties relating to the subject matter hereof.
d. Any amendments, alterations, variations, modifications, or waivers of this
Agreement shall be valid only when they have been reduced to writing,duly signed
by the parties.
e, The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause or phrase of this Agreement is for any reason held
to be contrary to law, such decision shall not affect the remaining portion of this
Agreement.
f. Nothing in this Agreement shall be construed as creating the relationship of co-
partners, joint venturers, or an association between the County and the
Municipality, nor shall the Municipality, its employees, agents or representatives
be considered employees, agents, or representatives of the County for any
purpose.
g. The Municipality shall maintain financial and other records and accounts in
accordance with requirements of the County and the State of Minnesota. The
Municipality shall maintain strict accountability of all funds and maintain records of
all receipts and disbursements. Such records and accounts shall be maintained
in a form which will permit the tracing of funds and program income to final
expenditure. The Municipality shall maintain records sufficient to reflect that all
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funds received under this Agreement were expended in accordance with Minn.
Stat. § I15A.557, Subd. 2, for residential solid waste recycling purposes. The
Municipality shall also maintain records of the quantities of materials recycled. All
records and accounts shall be retained as provided by law, but in no event for a
period of less than five years from the last receipt of payment from the County
pursuant to this Agreement.
h. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other
persons or agencies authorized by the County, and the State of Minnesota,
including the Legislative Auditor or the State Auditor, access to the records of the
Municipality at reasonable hours, including all books, records, documents, and
accounting procedures and practices of the Municipality relevant to the subject
matter of the Agreement,for purposes of audit. In addition, the County shall have
access to the project site(s), if any, at reasonable hours.
11. TERMINATION. This Agreement may be terminated by mutual written agreement of the
parties or by either party, with or without cause, by giving not less than seven (7) days'
written notice, delivered by mail or in person to the other party, specifying the date of
termination. If this Agreement is terminated,assets acquired in whole or in part with funds
provided under this Agreement shall be the property of the Municipality so long as said
assets are used by the Municipality for the purpose of a landfill abatement program
approved by the County.
(SIGNATURE PAGE TO FOLLOW)
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IN WITNESS WHEREOF,the parties hereunto set their hands.
CITY OF FRIDLEY COUNTY OF ANOKA
By: By:
Rhonda Sivarajah, Chair
Name: Anoka County Board of Commissioners
Title: Date:
Date:
By: By:
Municipality's Clerk Jerry Soma
County Administrator
Date:
Date:
Approved as to form and legality: Approved as to form and legality:
By: By:
Kathryn M. Timm
Date: Assistant County Attorney
Date:
kmticontracts\integrated waste contracts1SCORE grants12019 Fridley
87
2019 Grant Funding Award
The Municipality of Fridley is eligible for a total of$126,879.00 for their Municipal program
abatement efforts in 2019.
The total funding for the 2019 Residential Recycling Program is based on the budgeted amounts
stated in the Municipal Waste Abatement Grant Funding Application.
Check one below:
x(10-23-2018) The grant application was received on or before October 26,2018.
The grant application was not received on or before October 26,2018.
Therefore,the municipality is only eligible for the Base Funding Allocation.
The Grant Funding Award for Fridley is as follows:
'Base Funding Allocation ` $ 68,485.00
Enhancement Funding Grant
Amount Eligible Amount Requested Amount Awarded
Drop-off Grant $ 15,000.00 $ 15,000.00 w $ 15,000.00
General Enhance-
ment Grant $ 11,697.00 $ 11,697.00 $ 11,697.00
Organics Grant„ $ 11,697.00 $ 11,697.00 $ 11,697.00
Additional Grant $ 20,000.00 $ 20,000.00 $ 20,000.00
TOTAL $ 58,394.00
I Total Funding Award(Use
. +Enhancement Funding) 12 879.00 I
To the extent that the Municipality requested funds in excess of the total eligible amount,the
excess amount in any category is denied.
Review `'` ,�'
Dan Disru. Jacob ffert for Sue Doll
Dated: b, Dated: 106/1/
Contract#C0006715
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AGENDA ITEM
tariFridleyCITY COUNCIL MEETING OF
DECEMBER 17, 2018
INFORMAL STATUS REPORTS
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