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03-22-2021 CITY COUNCIL MEETING March 22, 2021 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, program, 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 d any interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at (763) 572-3500. (TTD/763-572-3534). AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS 1. Proclamation for Dave Kondrick APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES 2. Approve the Minutes from the City Council Meeting of March 8, 2021 NEW BUSINESS 3. Resolution No. 2021-19 Authorizing the execution of a Clean Water Fund Grant Agreement with the Board of Water and Soil Resources and a Grant Agreement with the Rice Creek Watershed District for the Moore Lake Enhancement Project 4. Authorizing the Execution of a Stormwater Agreement with Rice Creek Watershed District for the University Avenue Service Road Project 5. Resolution No. 2021-21, Approval of Gifts, Donations and Sponsorships received between February 12, 2021 and March 12, 2021 6. Approve Resolution No. 2021-22 Requesting Conveyance of Tax Forfeit Property to the Housing and Redevelopment Authority (HRA) in and For the City of Fridley CLAIMS 7. Claims: 192188 - 192301 ADOPTION OF REGULAR AGENDA 2 City Council Meeting 3/22/2021 Agenda Page 2 OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. REGULAR AGENDA ITEMS 8. Ordinance No. 1387, Amending the Fridley City Code Chapter 6, Commissions NEW BUSINESS 9. Resolution No. 2021-23 Approving Appointments to the City of Fridley Commissions INFORMAL STATUS REPORTS ADJOURN 3 Jufn!2/ _____________________________________________________________________________ _~r{p|pƒx~} _____________________________________________________________________________ DAVE KONDRICK APPRECIATION DAY Wednesday, March 31, 2021 WHEREAS, Dave Kondrick has been a long-time resident and volunteer for the City of Fridley, Minnesota for more than forty (40) years; and WHEREAS, Dave Kondrick was appointed and has continuously served on the Parks & Recreation Commission since March 5, 1981; and WHEREAS, Dave Kondrick held the position of chairperson for the Parks & Recreation Commission from May 13, 1981 through October 27, 2008 and WHEREAS, Dave Kondrick has served continuously on the Planning Commission since May 13, 1981; and WHEREAS, Dave Kondrick was appointed by the Fridley City Council as the Chairperson of the Planning Commission on October 27, 2008; and WHEREAS, through his efforts, Dave Kondrick has made many important contributions to the physical, social, health and well-being, and economic development of the City of Fridley; and WHEREAS, as a result of his leadership efforts on both City Commissions, Dave Kondrick has provided invaluable knowledge, service, insight, and perspective in governance; and WHEREAS, Dave Kondrick was awarded the 2003 Professional Award for Boards and Commissions from the Minnesota Recreation and Park Association; and WHEREAS, Dave Kondrick will be retiring as the Chair of the Planning Commission and from the Parks & Recreation Commission on March 31, 2021; and WHEREAS life in the City of Fridley; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim Wednesday, March 31, 2021, as: DAVE KONDRICK APPRECIATION DAY in the City of Fridley. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed nd this 22 day of March 2021. ____________________________________ Scott J. Lund, Mayor 4 Jufn!3/ AGENDA REPORT Meeting Date: March 22, 2021 Meeting Type: City Council Submitted By: Roberta Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting of March 8, 2021 Background Financial Impact Recommendation Approve the minutes from the City Council Meeting of March 8, 2021. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship x Organizational Excellence Attachments and Other Resources !City Council Minutes March 8, 2021 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 5 Jufn!3/ ! CITY COUNCIL MEETING ! March 08, 2021 ! 7:00 PM ! Fridley Civic Campus, 7071 University Avenue N.E. ! !! MINUTES CALL TO ORDER The meeting was called to order at 7:00 p.m. PRESENT Mayor Lund Councilmember Bolkcom Councilmember Eggert Councilmember Ostwald Councilmember Tillberry Walter Wysopal, City Manager Brandon Brodhag, Civil Engineer PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS 1. GreenStep Cities - Presentation of Step 3 Award. APPROVAL OF PROPOSED CONSENT AGENDA Motion made by Councilmember Bolkcom. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES 2. Approve the Minutes from the City Council Meeting of February 22, 2021 NEW BUSINESS 3. Resolution No. 2021-15, Decertifying Tax Increment Financing District (TIF) District No. 19 4. Resolution No. 2021-16, Approving City of Fridley Data Practices Policy 5. Resolution No. 2021-18, Approving a Comprehensive Sign Plan Amendment for 7201 University Avenue N.E. University Avenue Business Center (Ward 1) 6 Jufn!3/ City Council Meeting 3/8/2021 Minutes Page 2 CLAIMS 6. Claims: 192008 - 192188 ADOPTION OF REGULAR AGENDA Motion made by Councilmember Eggert, Seconded by Councilmember Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. No one from the audience spoke. REGULAR AGENDA ITEMS NEW BUSINESS 7. Resolution No. 2021-17, Approve Change Order No. 1 (Final) for Trunk Highway 47 Fencing and Landscaping Project Brandon Brodhag, Civil Engineer, stated that in 2019, public engagement meetings were held in a planning effort to envision and identify improvements along Trunk Highway 47. A summary report with final recommendations was presented to the City Council on June 24, 2019. The recommendations suggested improvements to enhance safety and improve corridor aesthetics. Mr. Brodhag noted that in order to effect safety improvements, City staff worked with MnDOT for replacements and removal of the existing fence. MnDOT developed construction plans for fencing removal/replacement and landscaping plans in Fridley and Columbia Heights. Plans followed City's request for corridor aesthetic improvements, and in some locations, providing alternative buffering. MnDOT funding was available for the project to replace the entire fence length, and staff worked with MnDOT to allow for aesthetic improvements as well. Mr. Brodhag said to maximize the aesthetic improvement, City staff bid, administered, and inspected the project. City staff provided in-kind work for fence removal to provide additional construction funding for landscaping. Per amended cooperative agreement between MnDOT and the City of Fridley, MnDOT will provide a maximum of $702,448.91 in funding. Per the amended agreement, $650,415.66 is for construction and $52,033.25 is for construction engineering. Mr. Brodhag said at the July 13, 2020 City Council Meeting, Council awarded the project to Hoffman & McNamara of Hastings, MN, the low bidder, in the amount of $510,523.30. This amount was 20.8% below the engineer's estimate of $644,910.82. Due to the affordable bids, staff worked with MnDOT to enable supplemental landscaping, with landscaping elements added back to fulfill the preliminary concept. This additional work was anticipated at time of award but needed to be verified, as feasible and consistent with project funding. Improvements were also made in Columbia Heights that were declined initially, then requested. 7 Jufn!3/ City Council Meeting 3/8/2021 Minutes Page 3 Mr. Brodhag stated that Change Order 1 in the amount of $139,386.36 increases the original contract by 27.3% and is fully reimbursable by MnDOT. The project is substantially complete. Items C1.01 and C1.02 address the fence height and modified the fence height to match existing fence height of 5 feet in Columbia Heights. The cost of this item is an addition of $39,671.64. Items C2.01 through C2.04 is for the elimination of fencing R & R on the west side form 40th to 44th Avenue to avoid intense clearing, and the addition of fence removal was included on the east side in Columbia Heights from 38th to 40th Avenues. The cost of this item is a reduction of $51,527.28. Items C2.05 through C2.13 are for expanded landscaping--doubling the median plantings and adding buffer plantings. The bid prices were lower, due to City staff performing watering during the warranty period. The cost of this item is an additional $139,748.00. Items C3.01 through C3.02 are for additional demolition and soil removal between I-694 and 57th Avenue for an additional cost of $11,494.00. Mr. Brodhag said City staff will be completing fencing removals in Fridley this season. Fridley and Columbia Heights will continue to water plantings in their respective jurisdictions. The contractor will continue to monitor and replace warranties on plantings for two seasons. A one-way conversion project coming late 2021 will provide additional buffering and trail connections along University corridor. MnDOT and the City continue to work toward construction of safety improvement being recommended as part of their PEL study, starting in 2024-2025. Redevelopment is ongoing along the corridor. Mr. Brodhag thanked MnDOT for their cooperation and support with the project in facilitating the City's goals and visions for Trunk Highway 47. Staff would also like to thank the contractor and our partner the City of Columbia Heights for their coordination. Staff requests that City Council move to approve Resolution No. 2021-17 as presented. If approved, Change Order No. 1 in the amount of $139,386.36 will be processed and the contract amount for the project shall be increased from $510,523.30 to $649,909.66. Councilmember Bolkcom asked who the abandoned light bases belong to. Mr. Brodhag replied they are MnDOT from the past that never got taken out. They were not found until excavation started. Councilmember Bolkcom said she thought MnDOT should be responsible for the charges to remove them. Mr. Brodhag replied that the $11,494 change for having our contractor remove the abandon bases will be reimbursed from MnDOT. Motion made by Councilmember Eggert. Seconded by Councilmember Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORTS Walter Wysopal stated that the telephone citizen survey was initiated today. The last two weeks was a testing phase and now the telephone calling process will begin we will begin for the next few weeks. 8 Jufn!3/ City Council Meeting 3/8/2021 Minutes Page 4 Mr. Wysopal announced anupcoming town hall meeting on June 5.This year the focus is on the Parks and Recreation Master Plan and feedback from the citizen survey. There will also be an open forum for citizens to express their concerns. Mr. Wysopal said that on the City's website story board to view pictures of how parks exist now and what types of enhancements are being recommended based on the last two years of collecting informaiton. This is an oppotunity to give feedback on the overall proposal. Councilmember Eggert said the bonding committee is back at the state capital to resubmit the funding request of $3.0m for the 57th Avenue bridge. These funds would be for the design and prework for the project. Mr. Wysopal added that 15 years ago, Anoka County did a study of the East River Road corridor and this bridge was the suggestion to ease traffic congestion and enhance pedestrian crossings. The City has been taking the initiative through the HRA to drive the funding and design. Several thousand jobs have been added to this intersection with the Taylor Project and Northern Stacks development. This will also help residents who live in apartments on East River Road and in the neighborhood with the train station to get to stores and jobs. This is a candidate for state bonding and is a regional asset. $3m will fund the design of the bridge. Construction could be another $20m. This will give us time to look for additional funding through federal and state grants. ADJOURN Motion made by Commissioner Ostwald to adjourn. Seconded by Commissioner Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:30 P.M. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor 9 Jufn!4/ AGENDA REPORT Meeting Date: March 22, 2021 Meeting Type: City Council Submitted By: James Kosluchar, Director of Public Works and Engineering Rachel Workin, Environmental Planner Title Resolution No. 2021-19 Authorizing the execution of a Clean Water Fund Grant Agreement with the Board of Water and Soil Resources and a Grant Agreement with the Rice Creek Watershed District for the Moore Lake Enhancement Project Background The City received a Board of Water and Soil Resources (BWSR) Clean Water Fund grant for $400,000 with a $100,000 match to construct an iron-enhanced sand and biochar filter to improve the water quality of stormwater runoff entering East Moore Lake (see Exhibit A). This feature will treat stormwater from the 94-acre drainage area that enters the lake near Gardena Avenue for bacteria, phosphorus, and sediment. It will remove an estimated 18 pounds of phosphorus per year, which is 25% of the reduction required under the Total Maximum Daily Load (TMDL) for East Moore Lake. In a survey of over 300 residents conducted in 2016, 56% of respondents said the water quality of East Moore Lake negatively impacted their use of Moore Lake park, 67% said they were concerned about bacteria/E. coli in East Moore Lake, and 50% said they were concerned about algae in East Moore Lake. Water samples collected from the lake in 2020 indicated phosphorus over the state standard as well as E. coli levels of 8164 mpn per 100 mL (for reference, Three Rivers Park District will close a beach when levels are over 1260 mpn). The improved water quality will be an important part of the overall effort to revitalize Moore Lake Park and improve the water quality of East Moore Lake. The project will not require removal of any park amenities including the nearby trail and picnic shelter. A stormwater retrofit analysis conducted by the Anoka Conservation District for Rice Creek Watershed District (RCWD) identified this project location as the highest priority for addressing the East Moore Lake TMDL. This project was included in both the original and updated conceptual designs for the Park s Local Water Management Plan, which were approved by Council and Board actions in 2019 and 2020 respectively. Due to the shared goals of improving the water quality and meeting the TMDL of East Moore Lake, the RCWD has agreed to act as a project partner and provide technical support and 50% of the required grant match. RCWD held a public hearing on this partnership on March 10 and will take action to formally authorize the partnership and funding at their March 24 meeting. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. : Jufn!4/ Expected installation of the project would be in 2022 and the grant would expire in 2023. The filter would be surrounded by native plants and educational signage would be provided. Maintenance on the filter would include cleaning of pre- treatment structures, filter raking, and weeding similar to the iron-enhanced sand and biochar filter located at the Civic Campus. Financial Impact The initial project estimate is $491,000, not including staff time. The grant is for $400,000 and requires a minimum cost-share match of 25% ($100,000) than can be met through cash and in-kind contribution. The Rice Creek Watershed District will provide 50% of the required match in an amount not to exceed $100,000 (example grant agreement included as Exhibit B). impact is $50,000 of cash and in-kind match, including staff time. This match has been budgeted for as a TMDL Water Quality Project within the Capital Investment Program funded through the Storm Water Utility Fund Reserves. The City will also be required to maintain the project through its useful life of 25 Recommendation Staff recommends the approval of Resolution 2021-19 authorizing the approval of the grant agreements with the Board of Soil and Water Resources and the Rice Creek Watershed District. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places X Community Identity & Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-19 !Exhibit A Grant Agreement with the Board of Water and Soil Resources for the Moore Lake Enhancement Project !Exhibit B Grant Agreement with the Rice Creek Watershed District for the Moore Lake Enhancement Project. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 21 Jufn!4/ RESOLUTION NO. 2021 19 A RESOLUTION AUTHORIZING THE EXECUTION OF A CLEAN WATER FUND GRANT AGREEMENT WITH THE BOARD OF WATER AND SOIL RESOURCES AND A GRANT AGREEMENT WITH RICE CREEK WATERSHED DISTRICT FOR THE MOORE LAKE ENHANCEMENT PROJECT WHEREAS, East Moore Lake is a public water within the City of Fridley; and WHEREAS, the Rice Creek Watershed District and the Anoka Conservation District completed a stormwater retrofit analysis for East Moore Lake, assessing several stormwater best management practice retrofit approaches within the subwatershed to mitigate phosphorus and suspended sediment loading to the lake in 2013; and WHERAS, the United States Environmental Protection Agency approved the Minnesota Pollution coliform bacteria load reduction goals for Lower Rice Creek, which receives runoff directly from Moore Lake in 2014; and WHEREAS, the United States Environmental Protection Agency approved the Minnesota including East Moore Lakes in 2015; and WHEREAS the City adopted a Local Water Plan that established the goal that a and directed the City, in coordination with watershed district partners, to complete water quality improvement projects including those for the benefit of East Moore Lake in 2019; and WHEREAS the City developed a concept plan detailing the construction of an iron enhanced sand and biochar filter in Moore Lake Park to reduce sediment, phosphorus and bacteria loading into East Moore Lake; and WHEREAS the City applied for and was awarded a Clean Water Grant fund from the Board of Soil and Water Resources Grant for the construction of the iron enhanced sand and biochar filter; and WHEREAS the City and Rice Creek Watershed District have mutual goals to improve the water quality of East Moore Lake; and WHEREAS, Minnesota Statutes Chapter 471.59 provides that two or more governmental units, by agreement entered into through action of their governing bodies, may cooperate to provide for the division of costs and other material elements of improvement projects; and, WHEREAS, the Rice Creek Watershed District desires to provide the City with financial assistance and is developing a grant agreement to formalize this partnership. 22 Jufn!4/ NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley hereby authorizes the execution of the Clean Water Fund grant agreement with the Board of Soil Resources included as Exhibit A in support of the Moore Lake Enhancement Project. BE IT FURTHER RESOLVED that the City Council of the City of Fridley hereby authorizes the City Manager to execute a grant agreement with the Rice Creek Watershed District in support of the Moore Lake Enhancement Project. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS nd 22 DAY OF MARCH, 2021. __________________________________ SCOTT J. LUND MAYOR ATTEST: __________________________________ DANIEL TIENER- CITY CLERK 23 Jufn!4/ FY 2021 STATE OF MINNESOTA BOARD OF WATER and SOIL RESOURCES CLEAN WATER FUND COMPETITIVE GRANTS PROGRAM GRANT AGREEMENT Vendor: 0000197686 PO#: 3000013045 This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board) and Fridley, City of, 6431 University Ave NE Fridley Minnesota 554324303 (Grantee). This grant is for the following Grant Programs : C21-7914 Moore Lake Enhancement Project $400,000 Total Grant Awarded: $400,000 Recitals st 1.!The Laws of Minnesota 2019, 1 Special Session, Chapter 2, Article 2, Section 7(b)&(j), appropriated Clean Water Funds (CWF) to the Board for the FY 2021 Clean Water Fund Projects & Practices Grants. 2.!The Board adopted the FY21 Clean Water Fund Competitive Grant Policy and authorized the FY21 Clean Water Fund Competitive Grants Program through Board Order #20-26. 3.!The Board adopted Board Order #20-54 to allocate funds for the FY 2021 Clean Water Fund Competitive Grants Program. 4.!The Grantee has submitted a Board approved work plan for this Program, which is incorporated into this Grant Agreement by reference. 5.!The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the satisfaction of the Board. 6.!As a condition of the grant, Grantee agrees to minimize administration costs. Authorized Representative Marcey Westrick, Clean Water Coordinator, BWSR, 520 Lafayette Road North, Saint Paul, MN 55155, 651-284-4153 accept the services and performance provided under this Grant Agreement. TITLE ADDRESS CITY TELEPHONE NUMBER ify the Board. Grant Agreement 1.!Terms of the Grant Agreement. 1.1.!Effective date: The date the Board obtains all required signatures under Minn. Stat. § 16B.98, Subd. 5. The Board will notify the Grantee when this Grant Agreement has been executed. The Grantee must not begin work under this Grant Agreement until it is executed. 1.2.!Expiration date: December 31, 2023, or until all obligations have been satisfactorily fulfilled, whichever comes first. 1.3.!Survival of Terms: The following clauses survive the expiration date or cancellation of this Grant Agreement: 7. Liability; 8. State Audits; 9. Government Data Practices; 11. Publicity and Endorsement; 12. Governing Law, Jurisdiction, and Venue; 14. Data Disclosure; and 19. Intellectual Property Rights. Page 1 of 5 24 Jufn!4/ 2.! The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat § 16B.97,Subd.4(a)(1). The Grantee is responsible for the specific duties for the Program as follows: 2.1.!Implementation: The Grantee will implement their work plan, which is incorporated into this Grant Agreement by reference. 2.2.!Reporting: 2.2.1.!The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of Program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board. All individual grants over $500,000 will also require a reporting expenditure by June 30 of each year. 2.2.2.!The Grantee will prominently display on its website the Clean Water Legacy Logo and a link to the Legislative Coordinating Commission website. 2.2.3.!Final Progress Report: The Grantee will submit a final progress report to the Board by February 1, 2024 or within 30 days of completion of the project, whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board. 2.3.!Match: s approved work plan. 3.!Time. The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence. 4.!Terms of Payment. 4.1.!Grant funds will be distributed in three installments: 1) The first payment of 50% will be distributed after the execution of the Grant Agreement. 2) The second payment of 40% will be distributed after the first payment of 50% has been expended and reporting requirements have been met. An eLINK Interim Financial Report that summarizes expenditures of the first 50% must be signed by the Grantee and approved by the Board. Selected grantees may be required at this point to submit documentation of the expenditures reported on the Interim Financial Report for verification. 3) The third payment of 10% will be distributed after the grant has been fully expended and reporting requirements are met. The final, 10% payment must be requested within 30 days of the expiration date of the Grant Agreement. An eLINK Final Financial Report that summarizes final expenditures for the grant must be signed by the Grantee and approved by the Board. 4.2.!All costs must be incurred within the grant period. 4.3.!All incurred costs must be paid before the amount of unspent funds is determined. Unspent grant funds must be returned within 30 days of the expiration date of the Grant Agreement. 4.4.!The obligation of the State under this Grant Agreement will not exceed the amount listed above. 4.5.!This grant includes an advance payment of 50% of the adequate operating capital for start-up costs, ensure their financial commitment to landowners and contractors, and to better schedule work into the future. 5.!Conditions of Payment. 5.1.!All servic forth in this Grant Agreement and in the Board approved work plan for this Program. Compliance will be determined at the sole discretion of the Stat policies, ordinances, rules, FY21 Clean Water Fund Competitive Grant Policy, and regulations. The Grantee will not receive payment for work found by the Board to be unsatisfactory or performed in violation of federal, State or local law. 5.2.! noncompliance is severe, or if work under the Grant Agreement is found by the Board to be unsatisfactory or performed in violation of federal, State, or local law, the Board has the authority to require the repayment of grant funds or withhold payment on grants from other programs. 6.!Assignment, Amendments, and Waiver 6.1.!Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior consent of the Board and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Grant Agreement, or their successors in office. 6.2.!Amendments. Any amendments to this Grant Agreement must be in writing and will not be effective until it has been approved and executed by the same parties who approved and executed the original Grant Agreement, or their successors in office. Amendments must be executed prior to the expiration of the original Grant Agreement or any amendments thereto. Page 2 of 5 25 Jufn!4/ 6.3.!Waiver. If the Board fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 7.!Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, mance of this Grant Agreement by the Grantee or the failure to fulfill its obligations under this Grant Agreement. 8.!State Audits. Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 8.1.!The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 9.!Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Grant Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. 10. compensation insurance sequence 11.Publicity and Endorsement. 11.1.!Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Grant Agreement. 11.2.!Endorsement. The Grantee must not claim that the State endorses its products or services 12.Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this Grant Agreement, or its breach, must be in the appropriate State or federal court with competent jurisdiction in Ramsey County, Minnesota. 13.Termination. 13.1.! Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 13.2.!In the event of a lawsuit, an appropriation from a Clean Water Fund is canceled to the extent that a court determines that the appropriation unconstitutionally substitutes for a traditional source of funding. 13.3.!The Board may immediately terminate this Grant Agreement if the Board finds that there has been a failure to comply with the provisions of this Grant Agreement, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The Board may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. Page 3 of 5 26 Jufn!4/ 14.Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any. 15.Prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wage for projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§ 177.41 through 177.44. All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at a rate not less than those prevailing on projects of a character similar in the locality. Bid requests must state the project is subject to prevailing wage. 16.Municipal Contracting Law. Per Minn. Stat. § 471.345, grantees that are municipalities as defined in Subd. 1 of this statute must follow the Uniform Municipal Contracting Law. Supporting documentation of the bidding process utilized to contract services must be included in 17.Constitutional Compliance. It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding the use of Clean Water Funds to supplement traditional sources of funding. 18.Signage. It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota Laws 2010, Chapter 361, Article 3, Section 5(b) for Clean Water Fund projects. 19.Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements, discoveries, (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant. photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents or subcontractors, in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon comple right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, Documents. Page 4 of 5 27 Jufn!4/ IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. Approved: Fridley, City of Board of Water and Soil Resources By: _______________________________________ By: ____________________________________________ (print) _______________________________________ (signature) Title: _______________________________________ Title: ____________________________________________ Date: _______________________________________ Date: ____________________________________________ Page 5 of 5 28 Jufn!4/ GRANT AGREEMENT BETWEEN CITY OF FRIDLEY AND THE RICE CREEK WATERSHED DISTRICT FOR THE MOORE LAKE ENHANCEMENT PROJECT GRANT AGREEMENT between the Rice Creek Watershed District, 4325 Pheasant Ridge Drive NE, Suite 611, Blaine, Minnesota 55449 (District) and the City of Fridley, 7071 University Avenue NE, Fridley, MN 55432 (City). RECITALS WHEREAS, in April 2020 the District adopted a Watershed Management Plan pursuant to Minnesota Statutes 103B.231, Subdivision 10, which includes implementation of stormwater retrofits to improve Moore Lake water quality within the Lower Rice Creek Water Management Project; WHEREAS, in April 2009, the District completed the Southwest Urban Lakes Study, including a Management Action Plan for Moore Lake, updated in November 2009, summarizing water quality conditions and identifying a management approach and potential projects to reduce pollutant loading to the lake; WHEREAS, in June 2013, the District and the Anoka Conservation District completed a stormwater retrofit analysis for Moore Lake, assessing several stormwater best management practice retrofit approaches within the subwatershed to mitigate phosphorus and suspended sediment loading to the lake; WHERAS, in November 2014, the United States Environmental Protection Agency approved the runoff directly from Moore Lake, whose public beach at Moore Lake Park has been subjected to frequent closures for high coliform bacteria counts; WHEREAS, in February 2015, the United States Environmental Protection Agency approved the ban Lakes lakes, including East Moore Lake; WHEREAS, the City has developed a concept plan detailing construction of an iron-enhanced sand and biochar filter within Moore Lake Park to reduce total phosphorus, suspended sediment and coliform bacteria loading to East Moore Lake (Project); WHEREAS, the City submitted a Clean Water Fund Grant (CWF Grant) application, incorporated as Exhibit A, to the Board of Water and Soil Resources (BWSR) for the Project, was successful in its proposal, and BWSR awarded a $400,000 CWF Grant to be used to pay a portion of the cost of the Project; 1 29 Jufn!4/ WHEREAS, the District and City have worked cooperatively to develop goals and objectives for the Project, a concept construction design for the Project, a cost allocation between the City and District for construction of the Project, and a plan for maintenance of the Project, once constructed; WHEREAS, all access, construction, staging and materials storage, as well as future maintenance activity is anticipated to occur on property owned by the City; WHEREAS, Minnesota Statutes Chapter 471.59 provides that two or more governmental units, by agreement entered into through action of their governing bodies, may cooperate to provide for the division of costs and other material elements of improvement projects; and, WHEREAS, the District desires to provide the City with financial assistance for the Project. THEREFORE, in consideration of mutual promises set forth herein and other good and valuable consideration, the District and the City agree as follows: I. CITY RESPONSIBLITIES. A.!Design Plan, Operation Plan and Maintenance Plan. Design plans for the project must be signed by a licensed professional engineer or landscape architect. The City will submit (1) final signed plans and specifications for the Project, and (2) an operations and maintenance withheld. The Project plans and specifications must include a public education component. The District, in its discretion, may approve a non-structural public education component. B.!Insurance. The City shall require its contractor to name the District as an additional insured with primary coverage on a noncontributory basis under its commercial general liability policy, with a coverage limit of at least $1.5 million per claim and aggregate, and covering both ongoing and completed operations, and all such operations of subcontractors. Coverage limits may be met by excess liability or umbrella policies. C.!Construction and Maintenance. The City, through its own personnel and/or contractors, will construct the Project in accordance with the approved Project plans and specifications and maintain it for a minimum of 25 years in accordance with the approved maintenance plan. In doing so, the City will comply with all applicable laws and regulations and will be responsible for acquiring all permits, approvals and temporary and permanent rights of access or easement. D.!Access for Maintenance. The City shall submit legal assurance acceptable to the District that the City has for a minimum of 25 years. E.!Completion of Construction. Upon completion of the Project, the City shall retain ownership and assume all operation and maintenance obligations, and costs thereof, for the Project in accordance with the approved operations and maintenance plan. The project 2 2: Jufn!4/ engineer will certify the completion of Project construction in accordance with the approved plans and specifications no later than November 30, 2023. The City will submit to the District documentation of Project expenditures and the certification of completion no later than November 30, 2023. II. DISTRICT RESPONSIBILITIES. A.!Grant Funds. To defray the Project cost to the City, the District will provide the City financial assistance in the amount of that are not covered by the CWF Grant, as determined by the District, with the total amount of District assistance not to exceed $100,000.00. B.!In-Kind Support. In-kind hourly staff costs incurred by the District in service to the Project for computing in-kind costs will be burdened rates. contribution will be in-kind. The District will provide an annual accounting of such costs to the City by January 15 C.!Payment Schedule. On District approval of the Project plans, specifications, and operations and maintenance plan, certification by the City that it has obtained all necessary permits and approvals, District approval of the access and maintenance assurance, and receipt of the issued notice to proceed, the District may disburse fifty (50) percent of the RCWD Board approved grant amount upon request of the City. On District receipt of the certification of completion and review of such Project documentation as it may require, the District will disburse the remaining RCWD Board approved funds. D.! compliance with the terms of this agreement, including but not limited to Project completion in accordance with the District-approved plans and specifications by November 30, 2023 and Project maintenance in accordance with the approved maintenance plan. The City shall return to the District any grant funds already received if this condition is not satisfied. III. MISCELLANEOUS. A.!Relationship of Parties. Nothing in this agreement creates or establishes a partnership, joint venture or agency relationship between the parties. District review or approval of design plans and specifications, a maintenance plan and any other Project-related documents is City is solely responsible for selection of the Project design and the means, method and manner of construction. Nothing in this agreement creates any right in any third party or affects any immunity, defense or liability limitation enjoyed by either party. 3 31 Jufn!4/ B.!Employees. The City represents that it has or will secure, at its own expense, all personnel and/or contractors required for the performance of this agreement. No City personnel or contractor will be considered an agent, representative or employee of the District. C.!Liability. The City agrees to hold harmless and indemnify the District, and its managers, staff and representatives, up to the maximum liability limits of Minnesota Statutes Section 466.04, against any claim, expense or damage, including attorney fees, arising from the performance of this agreement. D.!Assignment or Modification. This agreement binds and inures to the benefit of the City and the District, and their respective successors and assigns. Neither party may assign this agreement without the prior written consent of the other. Any modification of the agreement must be in writing and signed by both parties. E.!Public Documents. All submitted information, including application, conceptual design, cost estimates, bid tabulations, final designs and specifications, copies of permits and proof of expenditures in the District's possession will become a part of the public record. The City will not claim intellectual property rights in any such information and will not contractually confer on or recognize in a third party any such rights. F.!Effective Date. This agreement is effective as of the date all signatures below have been provided. Dated: , 2021 CITY OF FRIDLEY By: Its: Dated: , 2021 RICE CREEK WATERSHED DISTRICT By: Nick Tomczik, Administrator 4 32 Jufn!5/ AGENDA REPORT Meeting Date: March 22, 2021 Meeting Type: City Council Submitted By: Jim Kosluchar, Public Works Director Brandon Brodhag, Civil Engineer Rachel Workin, Environmental Planner Title Authorizing the Execution of a Stormwater Agreement with Rice Creek Watershed District for the University Avenue Service Road Project Background In 2019, the City undertook a community visioning effort for Trunk Highways 47 & 65 and received recommendations to improve safety and image along the corridors after a series of community engagement meetings with MnDOT personnel, City staff and Fridley residents. MnDOT and the City have been coordinating work on Trunk Highway 47 to improve the image after the community meetings and recommendations. The City and MnDOT have established segments where fencing will be replaced, and others where alternative buffers could be established. Providing these buffers where targeted north of thth Mississippi Street would require 1) road closure from 67 to 68 Avenue on the east frontage road remnant, 2) one-way conversion on the west frontage road remnant. The improvements of these two segments are contemplated in the Capital Investment Plan for 2021 along with a third segment south of Mississippi Street, and are currently under design after open house meetings and a presentation to the Planning Commission. To maximize its investment in the two segments above and improve storm water quality discharging to Rice Creek, the City applied to the Rice Creek Watershed District Stormwater Management Grant Program funding for: 1.!Removal of the roadway segment (East University Service Drive) from 67th to 68th Avenue. The depaving of the roadway will result in a reduction of 0.26 acres of roadway impervious surface, to be replaced by graded area with plantings and trees. Plantings in this area will provide pollinator habitat in conformance with City of Fridley's pollinator program. A shared-use path will be reconstructed in this segment as well. 2.!A road diet converting the West University Service Drive between 67th Avenue and Rice Creek Terrace from two lanes to a single one-way lane with shared use path. No net Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 33 Jufn!5/ increase of impervious surface is included. A pretreatment structure and infiltration basin will be constructed on the north end of the project at Rice Creek Terrace. The shared use path will be part of a new connection between Community Park and Mississippi Street for walkers and cyclists. The project enhancements would minimize impervious surface and provide infiltration on the West University Service Drive through construction of a rain garden, and on the former East University Service Drive through grading of new impervious surface to assist in natural watering of new plantings. The project would reduce phosphorus and TSS loading to Rice Creek and downstream Locke Lake (and the Mississippi River). The project would conform with the City's Local Water Plan in providing an opportunity for pavement reduction and the City's Active Transportation Plan in providing additional non-motorized transportation connections. The project would also reduce need for deicing and winter maintenance of roadways, which reduces chloride application and runoff to receiving waters. ! Financial Impact The City was successful in obtaining competitive funding under the Stormwater Management Grant Program. The project is budgeted in the 2021-2025 Capital Investment Program for construction in 2021 without this funding but results will be enhanced with an overall cost reduction with this cost- share funding. The enhancements will require an equal match from the City, which is provided by qualifying match expenditures already in the project budget. Recommendation Staff recommends the approval of Resolution 2021-20 authorizing the execution of the attached grant agreement with the Rice Creek Watershed District. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places X Community Identity & Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution !Grant Agreement Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 34 Jufn!5/ February 24, 2021 Jim Kosluchar City of Fridley 7071 University Avenue NE Fridley, MN 55432 wĻʹ w/‘5 ЋЉЋЊ {ƷƚƩƒǞğƷĻƩ ağƓğŭĻƒĻƓƷ DƩğƓƷ tƩƚŭƩğƒ Dear Mr. Kosluchar, The Rice Creek Watershed District is pleased to inform you that 2021 Stormwater Management Grant Program for the University Service Road Diets Project was approved for up to $50,000 in funding by the RCWD Board of Managers on February 24, 2021. We look forward to partnering with the City of Fridley in implementing its water quality improvement project. A grant agreement for this project is enclosed, signed by the RCWD Administrator. Please execute the agreement and return a copy to the RCWD. Email transmittal is acceptable. The grant agreement must be executed by the City and submitted to the District no later than May Thank you for your commitment to improving water quality in the Rice Creek Watershed. If you have any further questions, feel free to contact me at 763-398-3072 or kaxtell@ricecreek.org. Sincerely, Kyle Axtell Project Manager Enc: Grant Agreement 4325 Pheasant Ridge Drive NE #611 | Blaine, MN 55449 | T: 763-398-3070 | F: 763-398-3088 | www.ricecreek.org BOARD OF Patricia L. Preiner Steven P. Wagamon Michael J. Bradley Marcie Weinandt John J. Waller 35 Anoka County Anoka County Ramsey County Ramsey County Washington County MANAGERS Jufn!5/ 2021 STORMWATER MANAGEMENT GRANT AGREEMENT GRANT AGREEMENT between the Rice Creek Watershed District, 4325 Pheasant Ridge Drive NE, Suite 611, Blaine, Minnesota 55449 and the City of Fridley, 7071 University Avenue NE, Fridley, MN 55432. RECITALS WHEREAS, the City of Fridley (Grantee) intends to construct a project University Service Road Diets (Project); and, WHEREAS, the Rice Creek Watershed District (District) operates a Stormwater Management Grant Program for the improvement and remediation of stormwater management systems throughout the Rice Creek Watershed; and, WHEREAS, in accordance with District program guidelines, the District desires to provide the Grantee financial assistance for the Project. THEREFORE, in consideration of mutual promises set forth herein and other good and valuable consideration, the District and the Grantee agree as follows: I. GRANTEE RESPONSIBLITIES. A.!Design Plan, Operation Plan and Maintenance Plan. Design plans for the project must be signed by a licensed professional engineer or landscape architect. The Grantee will submit (1) final signed plans and specifications for the Project, and (2) an operations and maintenance plan to the District for the , not to be unreasonably withheld. The Project plans and specifications must include a public education component. The District, in its discretion, may approve a non-structural public education component. B.!Construction and Maintenance. The Grantee, through its own personnel and/or contractors, will construct the Project in accordance with the approved Project plans and specifications and maintain it indefinitely in accordance with the approved maintenance plan. In doing so, the Grantee will comply with all applicable laws and regulations and will be responsible for acquiring all permits, approvals and temporary and permanent rights of access or easement. C.!Perpetual Access for Maintenance. The Grantee shall submit to the District, in a form acceptable to construction, operation and maintenance and that the Project will be maintained in perpetuity. D.! of Project construction in accordance with the approved plans and specifications no later than October 31, 2023. The Grantee will submit to the District documentation of Project expenditures and the certification of completion no later than December 29, 2023. 1 36 Jufn!5/ II. DISTRICT RESPONSIBILITIES. A.!Grant Funds. To defray the Project cost to the Grantee, the District will provide the Grantee financial assistance in the amount of fifty (50) by the District, with the total amount of District assistance not to exceed $50,000.00. B.!Payment Schedule. On District approval of the Project plans, specifications, and operations and maintenance plan, certification by the Grantee that it has obtained all necessary permits and approvals, and may disburse fifty (50) percent of the RCWD Board approved grant amount upon request of the Grantee. On District receipt of the certification of completion and review of such Project documentation as it may require, the District will disburse the remaining RCWD Board approved funds. C.!grant compliance with the terms of this agreement, including but not limited to Project completion in accordance with the District-approved plans and specifications by October 31, 2023 and Project maintenance in accordance with the approved maintenance plan. The Grantee will return to the District any grant funds already received if this condition is not satisfied. III. MISCELLANEOUS. A.!Relationship of Parties. Nothing in this agreement creates or establishes a partnership, joint venture or agency relationship between the parties. District review or approval of design plans and specifications, a maintenance plan and any other Project-related documents is solely for the Grantee is solely responsible for selection of the Project design and the means, method and manner of construction. Nothing in this agreement creates any right in any third party or affects any immunity, defense or liability limitation enjoyed by either party. B.!Employees. The Grantee represents that it has or will secure, at its own expense, all personnel and/or contractors required for the performance of this agreement. No Grantee personnel or contractor will be considered an agent, representative or employee of the District. C.!Liability. The Grantee agrees to hold harmless and indemnify the District, and its managers, staff and representatives, up to the maximum liability limits of Minnesota Statutes Section 466.04, against any claim, expense or damage, including attorney fees, arising from the performance of this agreement. D.!Assignment or Modification. This agreement binds and inures to the benefit of the Grantee and the District, and their respective successors and assigns. Neither party may assign this agreement without the prior written consent of the other. Any modification of the agreement must be in writing and signed by both parties. E.!Public Documents. All submitted information, including application, conceptual design, cost estimates, bid tabulations, final designs and specifications, copies of permits and proof of 2 37 Jufn!5/ 38 Jufn!5/ Resolution No. 2021-20 Authorizing the Execution of a Stormwater Agreement with Rice Creek Watershed District for the University Avenue Service Road Project Whereas, Project, and Whereas, the Rice Creek Watershed District operates a Stormwater Management Grant Program for the improvement remediation of stormwater management systems throughout the Rice Creek watershed, and Whereas, The City of Fridley has successfully applied for and met the criteria for funding from the 2021 Rice Creek Watershed District Stormwater Management Grant Program, and Whereas, in accordance with Rice Creek Watershed District program guidelines, the District desires to provide the Grantee financial assistance for the Project, Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves said agreement and the Mayor and the City Manager (or their designee) are hereby authorized to execute the attached Agreement. Passed and adopted by the City Council of the City of Fridley this 22nd day of March, 2021. _______________________________________ Scott J. Lund Mayor ATTEST: Daniel Tienter City Clerk 39 Jufn!6/ AGENDA REPORT Meeting Date: 03/22/2021 Meeting Type: City Council Submitted By: Daniel Tienter, Director of Finance/City Treasurer/City Clerk Korrie Johnson, Assistant Finance Director Title Resolution No. 2021-21, Approval of Gifts, Donations and Sponsorships received between February 12, 2021 and March 12, 2021 Background Each month, 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 and gifts for the benefit of residents. For specific donations or gifts, the donor may prescribe certain requirements, such as for a specific activity or department. Consistent with the abovementioned statute, staff prepared Schedule No. 1 (Exhibit A), which outlines the various donations, gifts and/or sponsorships received by the City between February 12, 2021 and March 12, 2021. To accept the same, the Council must adopt the attached resolution by a twothird majority vote. Lastly, for each donation, gift or sponsorship, staff ensure it meets an identified need, does not create a quidproquo or longterm maintenance obligation, and the donor received an acknowledgment of their gift through a letter or publication. Based on this process, staff recommend the Council adopt the attached resolution approving the donations, gifts, and sponsorships for this period. Financial Impact Recommendation Staff recommend the approval of Resolution No. 2021-21. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 3: Jufn!6/ Attachments and Other Resources !Resolution No. 2021-21 !Exhibit A: Schedule No. 1 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 41 Jufn!6/ Resolution No. 2021-21 Approving Gifts, Donations and Sponsorships for the City of Fridley Whereas, throughout the year the City of Fridley (City) receives a multitude of gifts and donations; and Whereas, the City is sincerely grateful for the support it receives 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 schedule (Exhibit A) lists all of the donations and gifts received by various City departments between February 12, 2021 and March 12, 2021; and Whereas, all of the items listed on the attached schedule (Exhibit A) are required to be accepted by the City Council by a two-thirds majority vote; and Whereas, 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 approves Resolution No. 2021-21. Passed and adopted by the City Council of the City of Fridley this 22nd day of March, 2021. _______________________________________ Scott J. Lund Mayor ATTEST: Daniel Tienter City Clerk 42 Jufn!6/ Gifts, Donations, and Sponsorships - City of FridleySchedule No. 1 Department or Donor Name, Amount / Fund to be Date ReceivedProgram Divisionif not anonymousValuecredited 12/22/2020RecreationIce Skate DriveFridley Lions$300.00101 12/22/2020RecreationDonation for Winterfest 2021Fridley Lions$1,400.00101 12/22/2020Public SafetyNight to Unite Donation (For 2021 Supplies)MINCO$1,000.00101 12/22/2021Public WorksDonation of landRich Products Corporation$141,016.00 603 12/23/2020SNCDonation Box Contents Various$79.53270 12/31/2020SNCGeneral ContributionCaribou Coffee$520.00270 12/31/2020SNCReimbursement from Springbrook Foundation Memorial PlaquesSpringbrook Nature Center Foundation$841.57270 1/5/2021Public SafetyDonation to Police DepartmentAnonymous$50.00101 1/7/2021SNCPavilion Activity Center Donation Jerry and Donna Bahls via the SNC Foundation$5,312.40407 1/7/2021Public SafetyMemorial donation to Fire DeptFriends and Family of Ronald Schuster$500.00 101 1/11/2021Public Safety"Pay it Forward" donation to FPD Reserve UnitBell Bank $496.05 101 1/26/2021Public SafetyPolice K9 Unit donationKevin Coleman$50.00101 2/2/2021SNCGeneral ContributionClem and Elizabeth Nagel$25.00270 2/25/2021SNCWaterproof Cameras for Camps Friends of Fridley Education Foundation $1,020.00270 3/10/2021SNCDonation Box Contents Various$104.00270 $152,714.55 43 Jufn!7/ AGENDA REPORT Meeting Date: March 22, 2021 Meeting Type: City Council Submitted By: Scott Hickok, Community Development Director Paul Bolin, Assistant Executive Director of the HRA Stacy Stromberg, Planning Manager Title Approve Resolution No. 2021-22 Requesting Conveyance of Tax Forfeit Property to the Housing and Redevelopment Authority (HRA) in and For the City of Fridley Background The City received a letter dated January 11, 2021, pertaining to Anoka County Board of Commissioners Resolution No. 2020-139 dated December 15, 2020 classifying certain forfeit land in Anoka County. There is one parcel in the City classified as tax forfeit: 60 62 ½ Way NE, PIN #15-30-24-44-0014 Minnesota Statues Chapter 282.01, Subd. 1 requires the governing body of a municipality to approve the classification and sale of forfeit parcels that lie within their jurisdiction. Minnesota Statutes Chapter 282.01, Subd. 1a paragraph (d) states, tax-forfeited lands may be sold by the county board to an organized or incorporated governmental subdivision of the state or state agency for less than their market value to correct blighted conditions through redevelopment of property. If the governing subdivision desires to acquire any parcel lying within the boundaries of the municipality it shall file a written application with the county board to withhold the parcel from sale. The county board will then withhold the sale for six months. The home on the subject property was damaged by a fire in 1998 and as a result was demolished. The builder to construct a new home on this 40 ft. wide lot. HRA staff will work with City staff to find a way to allow redevelopment of this parcel, which will create a new affordable home opportunity and put Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 44 Jufn!7/ the property back on the tax rolls. blighted conditions and encourage neighborhood revitalization through re-investment. Approving a resolution would allow the County to hold the property for up to six months to allow time for the HRA to acquire the parcel. Financial Impact Included in the budget. Recommendation Staff recommends approval of Resolution No. 2021-22. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-22 !Letter of Intent to Anoka County Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 45 Jufn!7/ Resolution No. 2021-22 Requesting Conveyance of Tax Forfeit Property to the Housing and Redevelopment Authority In and For the City of Fridley Whereas, the City of Fridley seeks unrestricted ownership of one parcel forfeited to the State of Minnesota by Anoka County Board of Commissioners Resolution No. 2020-139 due to unpaid taxes legally described as follows: Lot 7, Block 18, Fridley Park, Subject to Easement of Record PIN 15-30-24-44-0014 Whereas, the City requests that the Anoka County Board of Commissioners sell the Subject Parcel to the Housing and Redevelopment Authority in and for the City of Fridley; and Whereas Minnesota Statutes Chapter 282.01, Subd. 1 a, paragraph (d), states, tax-forfeited lands may be sold by the county board to an organized or incorporated governmental subdivision of the state or state agency for less than their market value if: (1) The county board determines that a sale at a reduced price is in the public interest because the reduced price is necessary to provide an incentive to correct the blighted conditions that make the lands undesirable in the open market, or the reduced price will lead to the development of affordable housing; and (2) The governmental subdivision or state agency has documented its specific plans for correcting the blighted conditions or developing affordable housing, and the specific law or laws that empower it to acquire real property in furtherance of the plans; and Whereas, the Subject Parcel has become blighted and has a negative impact on the surrounding neighborhood; and Whereas, the Housing and Redevelopment Authority in and for the City of Fridley intends to eliminate blighting conditions and facilitate redevelopment of the Subject Property. Now, therefore be it resolved, that the City Council of the City of Fridley formally requests the Anoka County Board of Commissioners resolve to convey the Subject Parel with an unrestricted deed to the Housing and Redevelopment Authority in and for the City of Fridley at a reduced price to provide an incentive to correct blight. nd Passed and adopted by the City Council of the City of Fridley this 22 day of March, 2021. __________________________________ 46 Jufn!7/ Scott J. Lund - Mayor ATTEST: ________________________________ Daniel Tienter City Clerk 47 Jufn!7/ Fridley Civic Campus 7071 University Ave N.E. Fridley, MN 55432 763-571-3450 | FAX: 763-571-1287 | FridleyMN.gov Ms. Kristi Olson Anoka County Land Commissioner 2100 Third Avenue Anoka, MN 55303 Dear Ms. Olson: The Housing and Redevelopment Authority in and for the City of Fridley, is interested in acquiring the tax-forfeited property at 60 62 ½ Way NE (PIN 15-30-24-44-0014). The Fridley HRA would place the parcel into its Housing Replacement Program and find a creative builder to construct a new home on this 40 wide lot. The lot and new home will end up back on the tax rolls upon transfer to the new homeowner. The Fridley Housing and Redevelopment Authority (HRA) originally created the Housing Replacement Program in 1995 for the purpose of removing older, substandard housing and replacing it with new housing. The goals of the program are to: 1. Eliminate blighted and substandard homes through demolition. 2. Preserve and expand the City's tax base through new construction. 3. Encourage neighborhood revitalization through re-investment. With the program, once a property is acquired, any existing structures are demolished and the lots then sold on a first-come, first-served basis to private parties building market rate single family homes. If you have any questions please feel free to contact me at 763-572-3591. Sincerely, Paul Bolin Assistant Executive Director City of Fridley HRA 48 Jufn!8/ AGENDA REPORT Meeting Date: March 22, 2021 Meeting Type: City Council Submitted By: Roberta Collins, Assistant to the City Manager Title Claims: 192188 - 192301 Background Financial Impact Recommendation Approve Claim Nos. 192188 - 192301 Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building x Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Claims !Emergency Claims !PCard Claims Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 49 Jufn!8/ 4: Jufn!8/ 51 Jufn!8/ 52 Jufn!8/ 53 Jufn!8/ 54 Jufn!8/ 55 Jufn!8/ 56 Jufn!8/ 57 Jufn!8/ 58 Jufn!8/ 59 Jufn!8/ 5: Jufn!8/ 61 Jufn!8/ 62 Jufn!8/ 63 Jufn!8/ 64 Jufn!8/ 65 Jufn!8/ 66 Jufn!8/ 67 Jufn!8/ 68 Jufn!8/ 69 Jufn!8/ 6: Jufn!8/ 71 Jufn!8/ 72 Jufn!8/ 73 Jufn!8/ 74 Jufn!8/ 75 Jufn!8/ 76 Jufn!8/ 77 Jufn!8/ 78 Jufn!8/ 79 Jufn!8/ 7: Jufn!8/ 81 Jufn!8/ 82 Jufn!9/ AGENDA REPORT Meeting Date: March 22, 2021 Meeting Type: City Council Submitted By: Daniel Tienter, Finance Director/City Treasurer/City Clerk Melissa Moore, Administrative Services Coordinator/Deputy City Clerk Title Ordinance No. 1387, Amending the Fridley City Code Chapter 6, Commissions Background Pursuant to Section 2.01.3, the City Council (Council) may, by ordinance create commissions with advisory powers on any subject of interest to the City of Fridley (City). Generally, Chapter 6 of the Fridley City Code (City Code) establishes three such commissions: 1) Planning Commission; 2) Parks and Recreation Commission; and 3) Environmental Quality and Energy Commission. In 2019, the Council, through a strategic planning effort facilitated by the City Manager, developed the to improve community engagement and outreach, particularly with traditionally underrepresented groups. As part of that effort, the Council recognized a need to expand the membership of the Parks and Recreation Commission from five to seven to be consistent with the size of the other two commissions. The recommended amendment modifies the membership of commissions generally, increasing it from five to seven. It also modifies the requirement to stagger terms based on the change in membership. Financial Impact None. Recommendation Staff recommend the Council approve the first reading of Ordinance No. 1387. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places X Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Ordinance No. 1387 Vision Statement 83 We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. Jufn!9/ Ordinance No. 1387 Amending the Fridley City Code Chapter 6, Commissions ! The City of Fridley does ordain, after review, examination and staff recommendation that Chapter 6, Commissions, of the Fridley City Code be amended as follows: FRIDLEY CITY CODE CHAPTER 6. COMMISSIONS (Ref. 55, 314, 348, 351, 520, 584, 606, 705, 846, 863, 871, 937, 1169, 1173, 1237, 1332, 1373) 6.02 COMMISSIONS GENERALLY 1. Membership. A. Each commission, unless otherwise indicated, shall consist of five (5)seven (7) Fridley residents appointed by City Council. B. The commission chairperson shall be elected by the commission membership and shall also serve as a member of the Planning Commission. C. The commission members shall be appointed by the City Council for three (3) year terms, except the City Council shall make every effort to stagger the appointments so that the terms of no more than two (2)three (3) members shall expire in any one (1) year. Attempt shall be made to have all City wards represented on the commissions. Upon the expiration of their terms of office members shall continue to serve until their successor shall have been appointed. D. The commissions shall each year, from their own members choose a chairperson and vice-chairperson. At any meeting of the commissions if the regular chairperson is unable to attend, the vice-chairperson shall act as chairperson. Passed and adopted by the City Council of the City of Fridley on this 22nd day of March, 2021. ______________________________________ Scott J. Lund - Mayor ______________________________________ Daniel Tienter - City Clerk First Reading: March 22, 2021 Second Reading: Publication: 84 Jufn!:/ AGENDA REPORT Meeting Date: March 22, 2021 Meeting Type: City Council Submitted By: Roberta Collins, Assistant to the City Manager Title Resolution No. 2021-23 Approving Appointments to the City of Fridley Commissions Background Chapter 6 of the Fridley City Code establishes the commissions and terms of the commission members for the City of Fridley. Fridley Housing and Redevelopment Authority Resolution No. 82-1965 sets forth the terms of the members of that commission. Pursuant to the attached resolution, there are commission terms that expire on April 1, 2021. All the members whose terms will expire on April 1 would like to be reappointed. There are also four vacancies on the commissions: one on the Planning Commission, one on the Environmental Quality and Energy Commission and two on the Parks and Recreation Commission. The attached resolution approves reappointments to the Fridley Planning Commission, Environmental Quality and Energy Commission, Parks and Recreation Commission, and Housing and Redevelopment Authority. It also approves appointments to the vacancies currently on the Planning Commission, Environmental Quality and Energy Commission, and Parks and Recreation Commission. Financial Impact None. Recommendation Staff recommends approval of Resolution No. 2021-23. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places X Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-23 Approving Appointments to the City of Fridley Commissions Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 85 Jufn!:/ Resolution No. 2021 - 23 Approving Appointments to City of Fridley Commissions Whereas, the City Council appoints commissions to perform functions outlined and authorized by the City Charter, ordinance, resolution or agreement; and Whereas, there are currently vacancies and commission terms that expire on April 1 and June 9, on City commissions; Now therefore, be it resolved, that the City Council of the City of Fridley hereby makes or extends the following appointments. Advisory Commissions Commission Appointees Term Authority Planning Mark Hansen, Chair 4/01/21 3/31/24 Ordinance No. 68; Commission Fridley City Code (City Code) Chapter 6.03 Environmental Mark Hansen 4/01/21 3/31/24 Ordinance No. 520; Quality and Amy Dritz 4/01/21 3/31/24 City Code Chapter 6.05 Energy _________________________________ 3/23/21 4/01/22 Commission (Completing a vacant term.) Parks and _________________________________ April1, 2024 Ordinance No. 314; Recreation City Code Chapter 6.04 Commission _________________________________ April 1, 2024 (Will begin term the date Ordinance No. 1387 goes into effect.) Housing and Gordon Backlund June 9, 2026 Housing and Redevelopment Redevelopment Authority Authority Resolution No. 82-1965 nd Passed and adopted by the City Council of the City of Fridley this 22 day of March, 2021. ________________________________________ Scott J. Lund Mayor ATTEST: _________________________________________ Daniel Tienter City Clerk 86