The URL can be used to link to this page

09-13-2021 CITY COUNCIL MEETING September 13, 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 Constitution Week (September 17-23, 2021) 2. Proclamation for Domestic Violence Awareness Month (October, 2021) APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES 3. Approve the Minutes from the City Council Meeting of August 23, 2021 NEW BUSINESS 4. Resolution No. 2021-75, Approving Change Order No. 1 (Final) for 53rd Avenue Lift Station Improvements Project No. 20-519 5. Resolution No 2021-77, Designating Time and Number of City Council Meetings for 2022 6. Resolution No. 2021-79, Declaring Costs to be Assessed, Ordering Preparation of the Proposed Assessment Roll, and Directing Publication of the Public Hearing Notice for the 2021 Nuisance Abatements 7. Resolution No. 2021-80, Declaring Costs to be Assessed, Ordering Preparation of the Proposed Assessment Roll and Directing Publication of the Public Hearing Notice for the Street Rehabilitation Project No. ST-2021-02 2 City Council Meeting 9/13/2021 Agenda Page 2 8. Resolution No. 2021-81, Establishing a School Speed Zone on 61st Avenue and West Moore Lake Drive Near Fridley High and Fridley Middle School 9. Resolution No. 2021-82, Approving a Commercial Lease Between the City of Fridley and the North Suburban Center for the Arts CLAIMS 10. Resolution No. 2021-78 Approving Claims for the Period Ending September 9, 2021 ADOPTION OF REGULAR AGENDA OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. REGULAR AGENDA ITEMS PUBLIC HEARING(S) 11. Public Hearing and Adoption of Resolution No. 2021-74, Approving a Street Vacation Request, SAV #21-01, to Vacate Shamrock Lane N.E., Petitioned by Cummins Power Generation INFORMAL STATUS REPORTS ADJOURN 3 Jufn!2/ AGENDA REPORT Meeting Date: September 13, 2021 Meeting Type: City Council Submitted By: Roberta Collins, Administrative Assistant to the City Manager Title Proclamation for Constitution Week (September 17-23, 2021) Background th September 17, 2021, marks the 234 anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention. Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. Financial Impact None. Recommendation Staff recommends Council proclaim September 17-23, 2021, as Constitution Week in the City of Fridley. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places X Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Proclamation Constitution Week (September 17-23, 2021) Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!2/ _____________________________________________________________________________ _~r{p|px~} ____________________________________________________________________________ th WHEREAS, September 17, 2021, marks the 234 anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition of this magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE, I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the week of September 17 through 23, 2021, as CONSTITUTION WEEK in the City of Fridley, Minnesota, and urge all citizens to study the Constitution, and reflect on the privilege of being an American, with all the rights and responsibilities which that privilege involves. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed th this 13 day of September, 2021. __________________________________________ Scott J. Lund Mayor 5 Jufn!3/ AGENDA REPORT Meeting Date: September 13, 2021 Meeting Type: City Council Submitted By: Roberta Collins, Administrative Assistant to the City Manager Title Proclamation for Domestic Violence Awareness Month (October, 2021) Background October, 2021, has been designated as National Domestic Violence Awareness Month. Financial Impact None. Recommendation Staff recommends Council proclaim October, 2021, as Domestic Violence Awareness Month in the City of Fridley. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places X Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Proclamation Domestic Violence Awareness Month Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 6 Jufn!3/ _____________________________________________________________________________ _~r{p|px~} ____________________________________________________________________________ DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER, 2021 WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County, and perpetrators of said crime are subject to prosecution and conviction in accordance with the law; and WHEREAS, thousands of women and children have and will continue to access assistance from Alexandra House, Inc., a domestic violence service provider; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time promoting social and legal change; and WHEREAS, October is Domestic Violence Awareness Month; and WHEREAS, during Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences, and what we, as a concerned community, can do to eliminate its existence. NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor for the City of Fridley, do hereby proclaim the month of October, 2021, to be: in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of th Fridley to be affixed this 13 day of September, 2021. ___________________________________ Scott J. Lund, Mayor 7 Jufn!4/ AGENDA REPORT Meeting Date: September 13, 2021 Meeting Type: City Council Submitted By: Roberta S. Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting of August 23, 2021 Background Attached are the minutes from the City Council meeting of August 23, 2021. Financial Impact None. Recommendation Approve the minutes from the City Council meeting of August 23, 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 !Minutes from the City Council Meeting of August 23, 2021 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 8 Jufn!4/ ! CITY COUNCIL MEETING ! August 23, 2021 ! 7:00 PM ! Fridley Civic Campus, 7071 University Avenue N.E. ! !! MINUTES CALL TO ORDER Mayor Lund called the City Council Meeting of August 23, 2021, to order at 7:00 p.m. PRESENT Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Stephen Eggert Councilmember Ann Bolkcom Walter Wysopal, City Manager Dan Tienter, Finance Director Ryan George, Deputy Director Melissa Moore, Deputy City Clerk Andrew Biggerstaff, City Attorney PLEDGE OF ALLEGIANCE APPROVAL OF PROPOSED CONSENT AGENDA Motion made by Councilmember Ostwald. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES 1. Approve the Minutes from the City Council Meeting of August 9, 2021. OLD BUSINESS 2. Ordinance No. 1395, Adding Fridley City Code Chapter 34, Reasonable Accommodation (Second Reading). NEW BUSINESS 3. Resolution No. 2021-69, Approving Change Order No. 3 (Final) for Locke Park Water Treatment Plant Project No. 17-509. 9 Jufn!4/ City Council Meeting 8/23/2021 Minutes Page 2 4. Resolution No. 2021-70, Approving Gifts, Donations and Sponsorships received between July 19 and August 16, 2021. CLAIMS 5. Resolution No. 2021-71, Approving Claims for the Period Ending August 18, 2021. ADOPTION OF REGULAR AGENDA Motion made by Councilmember Tillberry. Seconded by Councilmember Eggert. 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. Abby Kosberg, North Suburban Center for the Arts, thanked the City Council for their support as they move and transition into their new space. A two-phase renovation is taking place--phase one is to build out the interior and phase two to build an addition to the new space in two to five years. They are halfway to their capital campaign and it has been just six weeks since they launched. The community support is appreciated, and they are excited to focus on the north suburban area and surrounding communities. Anyone who would like to donate can do so on the website. REGULAR AGENDA ITEMS PUBLIC HEARING 6. Resolution No. 2021-68, Revocation of the On- Bar and . Motion by Councilmember Eggert to open the public hearing. Seconded by Councilmember Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:09 P.M. Ryan George, Deputy Director of Public Safety, -Carchi, applied for an On-Sale Intoxicating Liquor License in October 2020. During the initial license approval process, staff several provisions of Chapter 603 of Fridley City Code. Mr. George said Public Safety staff documented fights, assaults, a shooting, urination in the parking lot, drinking in the parking lot, and remaining open well past the closing time established by local and state regulations. When staff attempted to address their growing concerns, they received no response from in the liquor license and, therefore, municipalities have broad discretion to determine the manner in which : Jufn!4/ City Council Meeting 8/23/2021 Minutes Page 3 the liquor licenses are issued, regulated, and revoked. Minnesota Statutes, Section 340A.415, authorizes the City to revoke an on-sale liquor license on a finding that the license holder has failed to comply with any applicable statute, rule, or ordinance relating to alcoholic beverages or the operation of the licensed establishment. Morocho-Carchi, of Chapter 603 of the Fridley City Code, and additional conditions imposed by the City Counmeasures and appears unable to successfully operate a safe and secure environment for the dispensing of alcohol. The City has documented numerous violations of the City Code. The City has documented violations of the - -Sale Intoxicating Liquor License would permit the continuation of a significant risk to the public health and safety. Staff recommend Council hold a public hearing for the purpose of considering the revocation of Mr. Morocho--Sale Intoxicating Liquor License and adoption of Resolution No. 2021-68. Mayor Lund said he thought everything seemed straight forward and clear. Angel Morocho, Co-Owner, said it is sad to see the way things transpired throughout the time of owning a liquor license. He wanted to open a welcoming business in Fridley and his personal life put him back and affected how the business was ran. A family member stepped in and it He is sorry for the way things transpired and hopes that the , it was his responsibility to take care of it. Councilmember Bolkcom asked if Mr. Morocho was aware of the issues. Mr. Morocho said he tried to control things when he was there. He hired and let go of different security teams that were not up to his standard. He could not be in multiple places at once. He hired security guards to make sure nothing happened outside, and everyone left in a peaceful manner. He set up new security but that was not what he wanted. Councilmember Bolkcom asked if at any time public safety was contacted to talk about the incidents that happened. Mr. Morocho replied that is why he let go of the security team, because they did not meet the values and mission that Councilmember Eggert ay. Mr. Morocho replied that he is making sure they are functioning liquor license is in his name. He is an employee. Councilmember Bolkcom asked if another manager took over when he stepped away. Mr. Morocho replied no, he knew about the managerial license, but that person fell through, and he was a one-man team. 21 Jufn!4/ City Council Meeting 8/23/2021 Minutes Page 4 Councilmember Bolkcom asked what Mr. Morocho was going to do differently. Mr. Morocho replied that there is a new team of people working around the clock rather than just him alone. John Akwuba, Attorney for Mr. Morocho, asked Council to please give the establishment a second chance. This is a minority owned establishment that lived through COVID. Mr. Morocho had some difficult personal issues which created problems for him. After speaking with his dad, the security has been addressed and more employees are working. They are even willing to hire off-duty police officers, retired police offices and have a squad car on the premises. They plan to fence off some areas and have everyone off the premises at 12:30 a.m. They plan to take better care of the situation inside the bar and especially outside with increased security measures and Fridley police officers. There are measures put in place to address this and the personal problems are taken care of now. Please a second chance to operate, the issues will be taken care of this time. Councilmember Bolkcom noted that this has been going on for at least two weeks and she was surprised they came here tonight with no written plan for Council about what is being done to address the issues. This has been going on since October and she is concerned about the community and what happened there, including underage drinking. We were all excited when Council originally passed the liquor license for this restaurant, and it is disappointing and not fair to other restaurants that have a liquor license and abide by the rules. Mr. Akwuba said he met with Deputy Director George last month and they spent time in the building and went through everything. He gave him attachment A and went through each one of the items with the owners to fulfill the recommendations of the Public Safety Department. Deputy Director George said Attachment A is the document adopted by Council when the liquor license was adopted. Councilmember Tillberry said they talked with the owner after opening when they had advertised for a club atmosphere around Halloween. Mr. Akwuba said they are asking for a second chance regarding the revocation. They have learned their lesson this time and would like a chance to make things completely right. Councilmember Tillberry noted that Fridley could not provide police security when it was requested last October. Councilmember Ostwald read through the timeline and said the list is very concerning. This is not behavior for a quality run business. No reassurances will stop this from happening, and they have presented nothing indicating what changes will happen. Mr. Morocho replied that the business was not advertised as a night club and he terminated the event. Some things were out of his control. 22 Jufn!4/ City Council Meeting 8/23/2021 Minutes Page 5 Councilmember Bolkcom said that they do not have enough people working. They hire people and then those people do not do what they should do so they are fired, and then another group comes on. Mr. Morocho said that staff looks amazing on paper but not when they show up to work. Mayor Lund said Mr. Morocho seems sincere, and he would like another chance and he is sorry for what occurred. The responsibility lies on the liquor license owner and there have been too many failures. As Councilmember Bolkcom said, they did not come to Council with a definite plan. For safety reasons and the good of the general public, he said he did not see changing the recommendation of staff. MOTION by Councilmember Tillberry to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:41 P.M. MOTION by Councilmember Tillberry to adopt Resolution No. 2021-68, Revocation of the On-Sale with the correction noted on page 69. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Deputy Director George said when Mr. Morocho stepped away from the business, the liquor license was has changed. OLD BUSINESS 7. Resolution No. 2021--02 Allowing Shared Micromobility Vehicles. Wally Wysopal, City Manager, said this action was submitted based on code enforcement issues brought up on May 12. This was scheduled to go to Council on June 29 and was postponed to this date. Bird Rides submitted a withdrawal last week. Staff is recommending terminating all ordinance amendment processes and for the ordinance to remain as it was prior to the text amendment. Any changes would come with a new petition and fee to move forward. Mayor Lund asked if there were any discussions that they would come back next spring. Mr. Wysopal said Bird Rides would need to come back to discuss and start back at square one. MOTION by Councilmember Bolkcom to adopt Resolution No. 2021- Withdrawal of TA# 21-02 Allowing Shared Micromobility Vehicles. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 23 Jufn!4/ City Council Meeting 8/23/2021 Minutes Page 6 8. Resolution No. 2021-73, Directing No Updates be Made to Fridley City Code Chapter 11, Fees, Regarding Micromobility Sharing Services. Wally Wysopal, City Manager, stated that in response to the Bird Rides petition for a new ordinance to change the fees regarding micromobility impound and storage fees, since the previous ordinance is not taking affect there is no reason to move forward with this item. Staff recommended Council adopt Resolution No. 2021-73. MOTION by Councilmember Eggert to adopt Resolution No. 2021-73, Directing No Updates be Made to Fridley City Code Chapter 11, Fees, Regarding Micromobility Sharing Services. Seconded by Councilmember Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS 9. Resolution No. 2021-67, Authorizing and Directing Efforts Related to the Recodification of the Fridley City Code. Melissa Moore, Deputy City Clerk, stated recodification is the collection and systematic arrangement of the ordinances of a local government related to specific practices within its jurisdiction. The creation and maintenance of the Fridley City Code is authorized by several regulations including MN Statute 415-02, Fridley City Charter Chapter 1.02 and Charter 3.10. Ms. Moore said in 2020, the City Manager created the Recodification Coordinating Group (RCG) to support the Recodification Project. The Project will adhere to improve accessibility, align with known best practices and provide clarity for end users. Progress to date includes the Fridley City Code was converted to an online format in June/July of 2020. The Department Directors provided prioritization guidance and the RCG began the preliminary recodification project in September/December of 2020. In January/July 2021, the proposed reorganization of the City Code began, and recodification licenses were appointed by the City Manager. Presently the City Council received the Recodification Project, and formalization of City Code reorganization. Staff will begin working on the first round of revisions. Ms. Moore said moving forward the RCG will prepare information for the staff liaisons who will revise the proposed ordinance. The proposed ordinance is reviewed by the RCG, City Attorney and City Manager. The proposed ordinance will be reviewed at a conference meeting where additional revisions will be made to the proposed ordinance if needed. The City Council will hold the first reading of the proposed ordinance and additional revisions are made if needed. The City Council will hold the second reading and adopt the proposed ordinance by title and the ordinance will be published and go into effect. Ms. Moore said the next steps and recommendation include a Recodification Project webpage with updates and all supporting documents . Staff recommend the City Council adopt Resolution No. 2021-67, authorizing and directing efforts related to the recodification of the Fridley City Code. 24 Jufn!4/ City Council Meeting 8/23/2021 Minutes Page 7 Councilmember Bolkcom asked who to contact if people have questions and if the website is interactive. Ms. Moore replied staff contact information is listed on the bottom of the page. Mr. Wysopal added that conference meetings are open to the public, questions can be asked, and deliberations will take place for the public to comment at the Council meetings. He said this project will take about three years to complete. He said he . They have been masterminding this and figuring out all the details. MOTION by Councilmember Eggert to adopt Resolution No. 2021-67, Authorizing and Directing Efforts Related to the Recodification of the Fridley City Code. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORTS There were no reports. ADJOURN MOTION by Councilmember Ostwald to adjourn. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED AT 8:08 P.M. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor 25 Jufn!5/ AGENDA REPORT Meeting Date: September 13, 2021 Meeting Type: City Council Submitted By: James Kosluchar, Public Works Director Nic Schmidt, Civil Engineer Title rd Resolution No. 2021-75, Approving Change Order No. 1 (Final) for 53 Avenue Lift Station Improvements Project No. 20-519 Background rd Attached is Change Order No. 1 (Final) for the 53 Avenue Lift Station Improvements Project No. 20- 519. This project included timely upgrades and relocation of the aging lift station. The old location made maintenance difficult for City staff. It also put the lift station at risk by vehicular traffic and vandalism. In addition to addressing the safety and reliability concerns, a major project for a turnaround/roundabout feature to improve traffic safety has been proposed for this area next season. As such, now was a strategic time to relocate the new 53rd Avenue Lift Station to a more suitable location. The work is being performed under a contract with Pember Companies, Inc. of Menomonie, WI. The amount of this final change order is $5,304. Total work included in Change Order No. 1 would increase the original contract by 0.73%. Additional work was required due to the following: 4-Inch Cross for Emergency Bypass Assembly This pertains to the labor and materials required to install an emergency bypass assembly as a redundant precautionary measure for the lift station. Soil Correction Unsuitable backfill material containing large concrete debris was encountered while excavating for the new lift station building and sanitary sewer force main. The debris will be removed offsite and replaced with suitable granular backfill material. Fiber Optic Conduit This item pertains to installing conduit for future installation of fiber optic communication to the lift station to provide risk and resiliency. Note the project is complete and awaiting final payment. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 26 Jufn!5/ Financial Impact Funding is provided by the Sanitary Sewer Utility Fund and the project remains within budget. Recommendation Staff recommends the approval of Resolution No. 2021-75. 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 !Resolution No. 2021-75 rd !Exhibit A: Change Order No. 1 (Final) for 53 Avenue Lift Station Improvements Project No. 20- 519 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 27 Jufn!5/ Resolution No. 2021-75 rd Approving Change Order No. 1 (Final) for 53 Avenue Lift Station Improvements Project No. 20-519 Whereas, the 53rd Avenue Lift Station Improvements Project No. 20-519 (Project) included as Capital Investment Program is for relocating and improving the reliability of the aging lift station; and Whereas, the Project is under contract with Pember Companies, Inc. of Menomonie, WI (Contractor); and Whereas, the Project was funded by the City of FridleySanitary Sewer Utility Fund; and Whereas, additional work has been directed by the City of Fridley to be completed by the Contractor including the Final Change Order No. 1 in the amount of $5,304; and Whereas, cumulative additional work has been directed by the City of Fridley has modified the original contract from $726,807.50 to $732,111.50 (0.73% increase); and Whereas, the Contractor performed work as directed by City staff and work is complete and awaiting final payment. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves rd Approval of Change Order No. 1 (Final) for the 53 Avenue Lift Station Improvements Project No. 20-519 in the amount of $5,304. th Passed and adopted by the City Council of the City of Fridley this 13 day of September, 2021. _______________________________________ Scott J. Lund Mayor Attest: Melisa Moore City Clerk 28 Jufn!5/ Ejhjubmmz!tjhofe!cz!Kbnft! Lptmvdibs! Kbnft!Lptmvdibs Ebuf;!3132/1:/12!18;26;5:!.16(11( 29 Jufn!5/ 12 70803132 70803132 Jotubmm!5#!dsptt!boe!cmjoe!gmbohf!jo.qmbdf!pg!uff!bu!uif!tbojubsz!gpsdfnbjo!ejtdibshf!bjs!sfmfbtf!bttfncmz/! Cmjoe!gmbohf!up!cf!ubqqfe!up!bddpnnpebuf!bjs!sfmfbtf!bttfncmz/ .!Qfncfs!Dpnqbojft!qspqptfe!dptu! .!Tiffu!5!x0!opuft! Y 411/11 1 Y Ejhjubmmz!tjhofe! cz!Kbnft! Kbnft! Lptmvdibs! Project Manager Ebuf;!3132/17/18! Lptmvdibs Djwjm!Fohjoffs 1:;67;51!.16ª11ª 6/7/2021 70803132 aaa 2: Jufn!5/ 31 5 PG 29 TIFFU Jufn!5/ 2#!TDI!91!QWD 5#!:1±!CFOE!GSPN MJGU!TUBUJPO BJS!SFMFBTF!MJOF CBMM!WBMWF 5#!!:1±!CFOE 5#y5#y5#!UFF 5#!QMVH!WBMWF 5#!:1±!CFOE!UP!GPSDFNBJO DPOOFDUJPO 5#!DIFDL!WBMWF ESBJO!UP!XFU!XFMM OPU!UP!TDBMF GGF>9:7/81 TFDUJPO!C.C GSJEMFZ-!NJOOFTPUB 5#!:1±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ipof;!)874*!544.3962 xxx/cpmupo.nfol/dpn BMJHONFOU!XJUI!QVNQ!NBOVGBDUVSFS/BOE!QJQJOH!QSJPS!UP!JOTUBMMBUJPO!PG!MJGU!TUBUJPO/XJUI!QVNQ!TVQQMJFS/XJUI!UIF!JOTUBMMBUJPO!PG!UIF!QSFGBCSJDBUFE JOWFSUT!QSJPS!UP!GBCSJDBUJPO/DPOUSPM!NPEVMF!TUSVDUVSF!)JODMVEJOH!DPODSFUFGPPUJOHT-!GPVOEBUJPO-!BOE!TMBC.PO.HSBEF*!TIBMMCF!JODMVEFE!JO!UIF!MVNQ!TVN!CJE!GPS!DPOTUSVDUMJGU!TUBUJPO/ BOE!QSPUSVEJOH!SFJOGPSDJOH 22(!7#!EJB!y!21#!JOUFHSBMDPODSFUF!CBTF!BSPVOE!MJGU!TUBUJPO)TFF!TUSVDUVSBM!EFUBJM!TIFFUT!GPSSFJOGPSDFNFOU!SFRVJSFNFOUT* CBTF!FM>986/11 SBNTFZ-!NJOOFTPUB!!66414 Fnbjm;!SbntfzAcpmupo.nfol/dpn 8644!TVOXPPE!ES!OX-!TVJUF!317 FYQBOTJPO!KPJOU!)UZQ* 5/DPOUSBDUPS!TIBMM!GJFME!WFSJGZ!FYJTUJOH!TFXFS OPUF;2/WFSJGZ!TVCNFSTJCMF!QVNQ!QMBDFNFOU!BOE3/DPOUSBDUPS!UP!WFSJGZ!PSJFOUBUJPO!PG!MJGU!TUBUJPO4/BDDFTT!IBUDI!TJ\[F!BOE!MPDBUJPO!TIBMM!CF!WFSJGJFE6/BMM!XPSL-!NBUFSJBMT-!BOE!FRVJQNFOU!BTTPDJBUFE 5#!EJB!TUFFM!WFOU!QJQFQVNQTMFBWF!B!6(!MPPQ!JO!DBCMF!GPS!NBJOUFOBODF!QVSQPTFT XFJHIU!XJUI!209#!EJB!NJO/!TUBJOMFTT!TUFFM!DBCMF!GPS GMPBU!TVQQPSU!QSPWJEF!36!MC!DPBUFE!QFEFTUBM!DBTU!JSPONPVOUJOH!MFWFM!TFOTPST MJGUJOH!DIBJOQVNQ!HVJEFT WFHB!SBEBS!MFWFM!TFOTPS/!TFF!FMFDUSJDBM ESBXJOHT!GPS!SFRVJSFNFOUT!BOE!MPDBUJPO 41#y59#!BMVNJOVN!BDDFTT!IBUDI!XJUI!TBGFUZHSBUJOH/!WFSJGZ!TJ\[F!BOE!MPDBUJPO!XJUI!QVNQTVQQMJFSTIFFUT!GPS!SFJOGPSDFNFOU!SFRVJSFNFOUT 21#!UIJDL!UPQ!TMBC/!TFF!TUSVDUVSBM!EFUBJM TMPQF!UP!ESBJO GMPBU!DPOUSPM!)UZQ* MBH!QVNQ!PO!FM>989/61MFBE!QVNQ!PO!FM>989/11BMM!QVNQT!PGG!FM>988/11MPX!MFWFM!BMBSN!FM>987/61 5#!TDIFEVMF!51!XFMEFE!TUFFMTUBJOMFTT!TUFFM!TDSFFO QJQF!WFOU!XJUI!DPMMBS!' 3(.1# B.B 4(.1# )UZQ* › 1 5 # 4 :7# 2 # 4 2# 3 0 2 ! SJN!FM>9:7/6: : S QMBO HSPVU !QVNQT 9#!DPODSFUF!QBWFNFOU OPU!UP!TDBMF Q J E ! # 5S5!KPJOUT BJS!SFMFBTF!MJOFTMPQFE!BU!3& 2#!TDI!91!QWD KPJOU!)UZQ* FYQBOTJPO FYQBOTJPO!KPJOU!)UZQ* 5#!EJTDIBSHF!FMCPX TFDUJPOT!XJUI EPXOUVSO!CFOE OPU!UP!TDBMF 9#!TUFFM!DBTJOH JOTUBMM!2!GPPU!CFZPOE!GPPUJOH OFX!:7#!EJB QSFDBTU!NBOIPMF TFDUJPO!B.B 21#!UIJDL!QSFDBTU!DPWFS 41#y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±!CFOE ESBJO!UP!XFU!XFMM 5#!EJQ!D0M!FM>999/28 3#!BJS0WBDVVN!SFMFBTF!WBMWF GGF>9:7/81 CVJMEJOH!TMBC!BOE!GPPUJOHT-TFF!TUSVDUVSBM!EFUBJM!TIFFUT)JODMVEFE!JO!MVNQ!TVN!CJE!GPSDPOTUSVDU!MJGU!TUBUJPO* 5#!EJQ )TFF!TQFD!TFDUJPO!2241:!GPS!SFRVJSFNFOUT* TFF!TUSVDUVSBM!EFUBJM!TIFFUT)JODMVEFE!JO!MVNQ!TVN!CJE!GPSDPOTUSVDU!MJGU!TUBUJPO* CVJMEJOH!TMBC!BOE!GPPUJOHT- FYQBOTJPO!KPJOU!)UZQ* 9#!TUFFM!DBTJOH JOTUBMM!2!GPPUCFZPOE!GPPUJOH 9#!DPODSFUF!QBWFNFOU 5#!y!7#!SFEVDFS 6( 2( UZQ 6( S F X F T 2( BOPEF OPUF;TFF!QMBO!ESBXJOH!GPSDPOUJOVBUJPO 7#!QWDD0M!FM>999/28 BDDFTT!CPY FYQBOTJPO!KPJOU!)UZQ* USBDFS!XJSF 7#!QWD HSPVOEJOH USBDFS!XJSF BDDFTT!CPY 5#!y!7#!SFEVDFS 32 I;\]GSJE\]S2322:316\]DBE\]D4E\]22:316D212/exh!40903132!4;22;1:!QN !Cpmupo!'!Nfol-!Jod/!3131-!Bmm!Sjhiut!Sftfswfe d Jufn!5/ 02 6/8/2021 6/8/2021 Remove and dispose of native materials that are unsuitable for pipe bedding/backfill material within the utility corridor and lift station building. Replace excavated soils with granular foundation material. - Images of material encountered during excavation X 3,504.00 0 XTime & Materials Ejhjubmmz!tjhofe!cz!Kbnft!Lptmvdibs! Kbnft!Lptmvdibs Nicole Bowman Ebuf;!3132/19/29!21;46;25!.16(11( Project Manager Civil Engineer 6/8/2021 6/8/2021 ``` 33 Jufn!5/ 34 Jufn!5/ 35 Jufn!5/ 36 Jufn!5/ 37 Jufn!5/ 38 Jufn!6/ AGENDA REPORT Meeting Date: September 13, 2021 Meeting Type: City Council Submitted By: Roberta S. Collins, Assistant to the City Manager Title Resolution No 2021-77, Designating Time and Number of City Council Meetings for 2022 Background Pursuant to Fridley City Charter § 3.01, the City Council annually adopts a calendar of City Council meetings and conference meetings for the upcoming year. Financial Impact None Recommendation Staff recommend the City Council adopt Resolution No. 2021-77. 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 !Resolution No. 2021-77 !Draft 2022 City of Fridley Calendar Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 39 Jufn!6/ Resolution No. 2020-77 Designating Time and Number of City Council Meetings for 2022 Whereas, the Fridley City Charter (Charter) § 3.01 requires the Fridley City Council to meet at a fixed time not less than once each month; and Whereas, the Charter § 3.01 requires the Fridley City Council to meet at such times as may be prescribed by resolution; and Whereas, it is the intent of the Fridley City Council to comply with the open meeting provisions contained in Minnesota Statutes 13D; Now, therefore be it resolved, by the City Council of the City of Fridley that: 1. The Fridley City Council will hold regular meetings in the Council Chambers of the Fridley Civic Campus, 7071 University Avenue N.E., commencing at 7:00 p.m. on the following dates in 2022: January 3, January 24, February 14, February 28, March 14, March 28, April 11, April 25, May 9, May 23, June 13, June 27, July 11, July 25, August 8, August 22, September 12, September 26, October 10, October 24, November 14, November 28, December 12 and December 19. 2. The City Council will hold conference meetings at the Fridley Civic Campus, at which time matters are discussed but no formal action taken, commencing at 5:30 p.m. on the following Mondays in 2021: June 21, September 19, and October 17. 3. The City Council may hold conference meetings prior to regularly scheduled City Council meetings. th Passed and adopted by the City Council of the City of Fridley this 13 day September, 2021. _______________________________________ Scott J. Lund Mayor ATTEST: Melissa Moore - City Clerk 3: Jufn!6/ CityofFridleyCalendar DRAFT IMPORTANTDATES 2022 JANUARYFEBRUARY JanuaryFebruary SMTWTFSSMTWTFS 3ConferenceMeeting14ConferenceMeeting 112345 CityCouncilMeetingCityCouncilMeeting 23456786789101112 17 ağƩƷźƓ\[ǒƷŷĻƩYźƓŭWƩ͵5ğǤ 21 tƩĻƭźķĻƓƷƭ5ğǤ 910111213141513141516171819 24ConferenceMeeting28ConferenceMeeting 1617181920212220212223242526 CityCouncilMeetingCityCouncilMeeting 232425262728292728 3031 MARCHAPRIL SMTWTFSSMTWTFS MarchApril 1234512 14ConferenceMeeting11ConferenceMeeting 67891011123456789 CityCouncilMeetingCityCouncilMeeting 1314151617181910111213141516 28ConferenceMeeting18Comm.App.Dinner 2021222324252617181920212223 CityCouncilMeeting23TownHallMeeting 272829303124252627282930 25ConferenceMeeting CityCouncilMeeting MAYJUNE SMTWTFSSMTWTFS MayJune 12345671234 9ConferenceMeeting13ConferenceMeeting 891011121314567891011 CityCouncilMeetingCityCouncilMeeting 1516171819202112131415161718 23ConferenceMeeting20 WǒƓĻƷĻĻƓƷŷΛhĬƭ͵Μ 2223242526272819202122232425 CityCouncilMeeting21ConferenceMeeting 2930312627282930 30 aĻƒƚƩźğƌ5ğǤ 27ConferenceMeeting CityCouncilMeeting JULYAUGUST SMTWTFSSMTWTFS JulyAugust 12123456 4 LƓķĻƦĻƓķĻƓĭĻ5ğǤ 8ConferenceMeeting 345678978910111213 11ConferenceMeetingCityCouncilMeetng 1011121314151614151617181920 CityCouncilMeeting22ConferenceMeeting 1718192021222321222324252627 25ConferenceMeetingCityCouncilMeeting 2425262728293028293031 CityCouncilMeeting26Emp.App.Breakfast 31 SEPTEMBEROCTOBER SMTWTFSSMTWTFS SeptemberOctober 1231 5\[ğĬƚƩ5ğǤ 10ConferenceMeeting 456789102345678 12ConferenceMeetingCityCouncilMeeting 111213141516179101112131415 CityCouncilMeeting17ConferenceMeeting 1819202122232416171819202122 19ConferenceMeeting24ConferenceMeeting 25262728293023242526272829 26CityCouncilMeetingCityCouncilMeeting 3031 NOVEMBERDECEMBER NovemberDecember SMTWTFSSMTWTFS 11ĻƷĻƩğƓƭ5ğǤ 1AnnualMeeting 12345123 14ConferenceMeeting12ConferenceMeeting 678910111245678910 CityCouncilMeetingCityCouncilMeeting 1314151617181911121314151617 24ŷğƓƉƭŭźǝźƓŭ 19CityCouncilMeeting 2021222324252618192021222324 25/źƷǤIƚƌźķğǤ 23/źƷǤIƚƌźķğǤ 2728293025262728293031 28ConferenceMeeting26/ŷƩźƭƷƒğƭΛhĬƭ͵Μ CityCouncilMeeting HolidayCityCouncilMeetingCouncilConferenceMeetingOtherMeeting hƓĻŅƌƚğƷźƓŭŷƚƌźķğǤźƓğķķźƷźƚƓƷƚЊЊŷƚƌźķğǤƭ͵ 41 9/07/21 Jufn!7/ AGENDA REPORT Meeting Date: September 13, 2021 Meeting Type: City Council Submitted By: Daniel Tienter, Director of Finance/City Treasurer Korrie Johnson, Assistant Finance Director Title Resolution No. 2021-79, Declaring Costs to be Assessed, Ordering Preparation of the Proposed Assessment Roll, and Directing Publication of the Public Hearing Notice for the 2021 Nuisance Abatements Background Minnesota Statutes § 429 allows the City Council (Council) to adopt an ordinance to regulate the collection of unpaid charges and fees as a special assessment against any property that benefited from a city improvement. Fridley City Code (Code), Chapter 128 entitled Abatement of Exterior Public Nuisances, defines the procedure for removal of exterior public nuisance and allows for the assessment of uncollected charges and fees. For the period between September 2, 2020 and September 1, 2021, staff determined the costs to be assessed for nuisance abatements to be approximately $81,536 as of September 7, 2021. In addition to the public nuisance abatement cost, this cost includes all incidental expenses related thereto as allowed by Code Chapter 128, including a 25% administrative surcharge. Minnesota Statutes § 429.061 requires any expense and the corresponding special assessment to be calculated by the Council by resolution. The resolution must include the total amount to be assessed, preparation of an assessment roll and direction to prepare and publish a public hearing notice no less than two weeks prior to such meeting of the Council. Assuming the Council approves the attached resolution, staff will publish the notice on September 17, 2021 and the Council will hold the public hearing at the October 11, 2021 Regular Meeting. Financial Impact The proposed assessment reflects the costs already incurred by the City to abatement nuisances within the community. The Adopted Budget contained the appropriate budget authority to support these activities. Recommendation Staff recommend the Council approve Resolution No. 2021-79. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 42 Jufn!7/ 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. 2021-79 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 43 Jufn!7/ Resolution No. 2021-79 Resolution Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment Roll and Directing Publication of a Public Hearing Notice for 2021 Nuisance Abatements Whereas, Minnesota Statutes § 429 allows for a governing body of any municipality to provide for the collection of unpaid special charges as a special assessment against the property benefited from a City activity or improvement if the City Council (Council) has adopted an ordinance adopting regulations consistent with this section of state law; and Whereas, the Council adopted Chapter 128 of the Fridley City Code, entitled Abatement of Exterior Public Nuisances, that defines the procedure for removal of exterior public nuisances and allows for the assessment of uncollected charges and fees; and Whereas, the City Clerk, with the assistance of the City Treasurer, determined that the costs to be assessed for the 2021 Nuisance Abatement, including all incidental expenses related thereto, to be $81,536.04 as of September 7, 2021. Now, therefore be it resolved, by the City Council of the City of Fridley, Minnesota: 1.!The portion of the cost of such improvement to be paid by the City is hereby declared to be $81,536.04 as of September 7, 2021 and the portion of the cost to be assessed against benefited property owners is declared to be the same. 2.!Assessments shall be payable in installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 2022 and shall bear interest at the rate of 5.25 percent per annum from the date of the adoption of the assessment resolution. 3.!The City Clerk, with the assistance of the City Treasurer, to forthwith calculate the proper amounts to be assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said public nuisance abatements and tibmm!gjmf!b!dpqz!pg!tvdi!qspqptfe! bttfttnfou!jo!ijt0ifs!pggjdf!gps!qvcmjd!jotqfdujpo. Be it further resolved: 1.!A hearing shall be held at 7:00 p.m. on October 11, 2021 in the City Hall located at 7071 University Avenue Northeast to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.!The City Clerk, with the assistance of the City Engineer and City Treasurer, is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official publication at least two weeks prior to the hearing. They shall also 44 Jufn!7/ cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3.!The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole or any part which is not less than onehalf thereof, provided that such partial payment shall in any event be in a sum of at least one hundred dollars ($100.00) of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. Upon receipt of any such prepayment, the City Clerk, with the assistance of the City Treasurer, shall note the same upon the records of the City, credit the payee therefore, and reduce the assessment as originally made in the amount of the prepayment received. The balance remaining shall then be noted as the amount due and may then be certified to the county together with and as a part of the assessment roll in which the original amount due was contained. A property owner may at any time, thereafter, pay to the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Passed and adopted by the City Council of the City of Fridley this 13th day of September, 2021. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 45 Jufn!8/ AGENDA REPORT Meeting Date: September 13, 2021 Meeting Type: City Council Submitted By: Daniel Tienter, Director of Finance/City Treasurer Korrie Johnson, Assistant Finance Director Title Resolution No. 2021-80, Declaring Costs to be Assessed, Ordering Preparation of the Proposed Assessment Roll and Directing Publication of the Public Hearing Notice for the Street Rehabilitation Project No. ST-2021-02 Background Pursuant to Minnesota Statue § 429.021 and City Charter § 8.03, the City Council (Council) may finance certain public improvement projects using special assessments. Generally, special assessments are a form of tax levied by a local government against a property that benefits from the improvement(s). To further govern this process, the Council also adopted Fridley City Code Chapter 7 and a Roadway Major Financing Policy. Consistent with these regulations, the Council followed the below process for the use of special assessments regarding the Street Rehabilitation Project (Project) No. ST-2021-02: !Ordered the preliminary report, plans and specifications (Resolution No. 2020-70); !Received the preliminary report, called for a public hearing (Resolution No 2020-79); !Conducted the public hearing (Tuesday, January 19,2021); !Accepted feasibility report, ordered the final plans and specifications, called for bids (Resolution No. 2021-03); and !Receive bids and awarded contract to GMH Asphalt (May 24, 2021). Based on the construction costs, the proposed special assessment for Project No. ST2021-02 will include 228 properties totaling approximately $421,800. As with previous special assessments, benefiting property owners will be permitted to repay the applicable amount over at 10year period at an interest rate of 5.25%. Financial Impact The Adopted 2021 Budget included and anticipated the use of the above-mentioned special assessments to support Project No. ST-2021-02. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 46 Jufn!8/ Recommendation Staff recommend the Council approve Resolution No. 2021-80. 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. 2021-80 !Exhibit A: 2021 Street Rehabilitation Project Area Map Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 47 Jufn!8/ Resolution No. 2021-80 Resolution Declaring Costs to be Assessed, Ordering the Preparation of the Proposed Assessment Roll and Directing Publication of a Public Hearing Notice for Street Rehabilitation Project No. ST-2021-02 Whereas, a contract has been let for Street Rehabilitation Project No. ST-2021-02 and the contract priced for such improvement is $950,711, and the expenses incurred or to be incurred in the making of such improvement amount to $26,170 so that the total cost of the improvement will be $976,881; and Whereas, by resolution passed by the City Council (Council) on September 13, 2021, the City Clerk, with the assistance of the City Engineer and City Treasurer, was directed to prepare a proposed assessment of the cost of Street Rehabilitation Project No. ST-2021-02; and Whereas, the City Clerk, with the assistance of the City Engineer and City Treasurer, has notified the Council that such proposed assessment has been completed and filed by their office for public inspection. Now, therefore be it resolved, by the City Council of the City of Fridley, Minnesota: 1.!The portion of the cost of such improvement to be paid by the City is hereby estimated to be $555,081 and the portion of the cost to be assessed against benefited property owners is declared to be $421,800 for a total cost of $976,881. 2.!Assessments shall be payable in installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2022 and shall bear interest at the rate of 5.25 percent per annum from the date of the adoption of the assessment resolution. 3.!The City Clerk, with the assistance of the City Engineer and City Treasurer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in their office for public inspection. Be it further resolved: 1.!A hearing shall be held at 7:00 p.m. on October 11, 2021 in the City Hall located at 7071 University Avenue Northeast to pass upon such proposed assessment. All persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 48 Jufn!8/ 2.!The City Clerk, with the assistance of the City Engineer and City Treasurer, is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official publication at least two weeks prior to the hearing and they shall state in the notice the total cost of the improvement. They shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3.!The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole or any part which is not less than onehalf thereof, provided that such partial payment shall in any event be in a sum of at least one hundred dollars ($100.00) of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. Upon receipt of any such prepayment, the City Clerk, with the assistance of the City Treasurer, shall note the same upon the records of the City, credit the payee therefore, and reduce the assessment as originally made in the amount of the prepayment received. The balance remaining shall then be noted as the amount due and may then be certified to the county together with and as a part of the assessment roll in which the original amount due was contained. A property owner may at any time, thereafter, pay to the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Passed and adopted by the City Council of the City of Fridley this 13th day of September, 2021. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 49 Jufn!8/ Exhibit A 4: Jufn!9/ AGENDA REPORT Meeting Date: September 13, 2021 Meeting Type: City Council Submitted By: James Kosluchar, Public Works Director Brandon Brodhag, Civil Engineer Title st Resolution No. 2021-81, Establishing a School Speed Zone on 61 Avenue and West Moore Lake Drive Near Fridley High and Fridley Middle School Background In 1975 the State Legislature, through Minnesota Statute 169.14, gave responsibility to local authorities to establish school speed limits. Based on this authorization, the City of Fridley, as the local road authority, may establish school speed limits within a school zone of a public or non-public school on a basis of engineering and traffic investigations and follow the following parameters: !The school speed zone shall only be in effect when children are present going to or leaving the school. !School speed zones cannot lower the posted speed zone more than 30 mph and shall not be established below 15 mph. !School zones are defined as a segment of street or highway that abuts school grounds where children have access to the roadway or where a school crossing is in place. !School speed zone signing and striping must be in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD). !Any traffic violations of a school speed limit are subjected to a double fine. The proper school speed zoning can reduce vehicle speed differential, provide basis for enforcement, increase driver respect for the speed zoning, and decrease crash potential. However, the school speed zoning will not automatically reduce vehicle speeds or automatically reduce crashes. In fact, improper speed zoning may actually increase crash potential, increase vehicle speed differential, and mislead pedestrians as to the true vehicular speed. Several criteria should be considered in determining if a school speed zone is warranted or needed. These criteria are discussed in detail below: 1.!School Route Plan A school route plan identifies the routes that students are using, or should use, to get to and from school and/or other facilities adjacent to the school. The plan should identify the existing walking area around the school, as well as the typical routes that students walk to and from the school. 2.!Traffic Volumes The traffic volumes of the adjacent roadways should be considered in the Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 51 Jufn!9/ evaluation. The larger number of vehicles traveling on a roadway creates a potential for vehicle/pedestrian conflicts. 3.!Pedestrian Volumes Similar to the traffic volumes, as the number of pedestrians/students increase along a particular route, the potential for the vehicle/pedestrian conflict also increases. 4.!Crash Investigation A crash investigation will identify any hazardous locations in which vehicle conflicts and/or pedestrian/vehicle conflicts currently exist. 5.!Roadway Characteristics/Traffic Control Devices The existing roadway geometry, including the street width and location of existing traffic control devices (i.e., traffic signalization or all-way stops), is important in determining if 6.!Sidewalks/Pathways The location of sidewalks and/or pathways adjacent to the roadway and leading up to crossings and the school need to be identified to determine if pedestrians and/or students would be walking in the streets. 7.!Speed Limits The existing speed limit of the roadway is an important aspect of the evaluation. The higher the posted speed limit, the more difficult it would be reducing the speed limit through the school zone. People will drive what they feel is a safe and comfortable speed through an area. Based on these criteria and input from the School District, Fridley Police Department and City staff a st School Speed Zone review was conducted for 61 Avenue and West Moore Lake Drive at the Fridley High and Middle Schools. st The current speed limit on 61 Avenue and West Moore Lake Drive is 30 mph, adjacent to the existing st schools. Existing pedestrian crossings are provided at the intersection of 61 Avenue and West Moore ststth Lake Drive, on 61 Avenue at Commons Park, as well as at the intersection of 61 Avenue/7 Street. Next intersection. All of those pedestrian crossings are painted with standard pedestrian markings. Standard Existing traffic volumes at this location were obtained from the Minnesota Department of Transportation (MnDOT) traffic maps for 2017. An annual average daily traffic volume (AADT) of 3600 vehicles per day st was reported for 61 Avenue, 1400 vehicles per day for West Moore Lake adjacent to the high school, and 2950 for West Moore Lake Drive from east of Able Street to Highway 65. Assuming that the peak hour is typically 10% of the AADT this results in a peak hour volume of 360, 140 and 295 vehicles for the three different segments. Based on staff discussion with the School District, the primary school crossing route to and from Fridley st High and Middle School is across 61 Avenue at the middle school bus entrance and at the intersection st of 61 Avenue/West Moore Lake Drive. Crossing guards are present in the morning and afternoon for st students walking between the High School and Middle School. Vehicles are parked on 61 Avenue and West Moore Lake Drive to drop off and pick up students. Pedestrian counts were counted by City staff in the spring of 2018. The total number of students crossing at the existing pedestrian crossings was 299 in the morning and 461 in the afternoon. Data collection stst was taken at the 61 Avenue/Middle School bus entrance and the intersection of 61 Avenue/West Moore Lake Drive. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 52 Jufn!9/ Currently, the City of Fridley staff and Police Department with the school district are reviewing proposed st improvements for pedestrian safety on 61 Avenue including: st 1.!Installation of pedestrian-activated Rectangular Rapid-Flashing Beacon (RRFB) system for the 61 Avenue crossings. st 2.!Installation of speed feedback signs along 61 Avenue in both directions. st 3.!Installation of standard crosswalk markings on 61 Avenue at the Middle School bus entrance. Based on the traffic review a 20 mph School Speed Zone is recommended as a solution to improve safety of the students adjacent to 61st Avenue and West Moore Lake Drive. Attached figures show the proposed school zone signage, school route plan, traffic volumes, pedestrian volumes, crash investigation, roadway characteristics/traffic control devices, sidewalks/pathways, and speed limits. A speed zone should be posted with signs indicating the beginning and end of school speed zone, and a sign indicating that the speed zone is in effect when children are present. Minnesota Statues 1979, Section 169.14, defines the enforcement of school speed zones. As a permanent measure, solar powered LED- Capital Improvement Plan and donations from the Fridley School District and Fridley-Columbia Heights st Rotary Club. These are similar to the solar powered LED-lit stop signs at West Moore Lake Drive and 61 Avenue NE that have been successful. The signs will be installed in the fall; in the interim we have been provided authorization to install temporary signage by the Public Safety Director to coincide with this Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 53 Jufn!9/ Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 54 Jufn!9/ Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 55 Jufn!9/ Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 56 Jufn!9/ Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 57 Jufn!9/ Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 58 Jufn!9/ Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 59 Jufn!9/ Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 5: Jufn!9/ Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 61 Jufn!9/ Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 62 Jufn!9/ Financial Impact The signage improvements are budgeted in the Capital Investment Plan and Street Division Operating Budget, and there are no additional financial impacts of the proposed school speed zone. Recommendation Staff recommend the approval of Resolution No. 2021-81. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-81 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 63 Jufn!9/ Resolution No. 2021 - 81 st Resolution Authorizing Establishment of a School Speed Zone on 61 Avenue and West Moore Lake Drive Near Fridley High School and Fridley Middle School st Whereas, the City of Fridley has undertaken a Traffic Investigation of 61 Avenue & West Moore Lake Drive based on the Minnesota Guide to Establishing Speed Limits in School Zones; and Whereas, the City of Fridley has determined based on the Traffic Investigation that a School Speed Zone of 20 miles per hour in the existing 30 miles per hour Speed Zone is appropriate; and st Whereas, the Speed Zone should include the area on 61 Avenue & West Moore Lake Drive near Fridley High School and Fridley Middle School. Now, therefore be it resolved, that the City of Fridley, Anoka County, Minnesota, shall establish st a School Speed Zone on 61 Avenue & West Moore Lake Drive and install the appropriate signing as shown in the Traffic Investigation. th Passed and adopted by the City Council of the City of Fridley this 13 day of September, 2021. ______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 64 Jufn!:/ AGENDA REPORT Meeting Date: September 13, 2021 Meeting Type: City Council Submitted By: Scott Hickok, Community Development Director Title Resolution No. 2021-82, Approving a Commercial Lease Between the City of Fridley and the North Suburban Center for the Arts Background In August the City Council received a letter of intent from the North Suburban Center for the Arts (Center) th to lease the former City Fire Station #3 at 110 77 Way N. interest and encouraged Abby Kosberg, Executive Director of the Center to work with City staff on lease terms and a lease agreement. Director Kosberg and City staff have worked through the terms of a lease agreement and present it to Council at this time for their review and approval. The Board for the Center reviewed and approved the Lease at their regular meeting of September 8, 2021. There terms of the lease include the following: A five-year lease term, a base rent ($1 per month for 60 months), maintenance cost assignment (to Center), Tenant Improvement Terms, Permitted Use description, an As-Is Basis Statement, Consent to Alterations, A Purchase Option, Indemnity of Landlord (City), Insurance requirements, Environmental Protections, Destruction and Restoration language, and clauses including: Surrender, Default, Waive, Liens and Loans, Assignment and Subletting, Access Premise, Quiet Enjoyment, Signage, Holding Over, Compliance with Laws, an Eminent Domain, Notices, Fees, and Miscellaneous Provisions. The lease as presented has been prepared in conjunction with and with contribution from City Attorney Andrew Biggerstaff and is presented in confidence for Council review and approval. Financial Impact As the lease passes through current building expenses to the tenant, this lease will represent a monetary savings to the City. The tenant will take on heating expenses, maintenance of lawn, snow removal, etc. Recommendation Staff recommend the approval of Resolution No. 2021-82. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 65 Jufn!:/ 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. 2021-82 !Commercial Lease Agreement Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 66 Jufn!:/ Resolution No. 2021-82 Approving a Commercial Lease Between the City of Fridley and the North Suburban Center for the Arts Whereas, the City of Fridley (City) is the fee owner of the property legally described as: Lot 2, Block 1, Aus Addition, according to the map or plat thereof on file and of record in the Office of Registrar of Titles, in and for Anoka County, Minnesota; and Whereas, the City received a letter of intent from the North Suburban Center for the Arts to lease the former Fire Station Number 3 building from the City; and Whereas, the City Council asked staff to work through the terms of an agreement with the Executive Director and Board of the North Suburban Center for the Arts; and Whereas, a lease and its terms have now been agreed upon by staff and the North Suburban Center for the Arts; and Whereas, the North Suburban Center for the Arts Board of Directors have reviewed and approved the terms and Lease document as submitted. Now, therefore be it resolved, that the City Council of the City of Fridley agrees to enter into a lease agreement with the North Suburban Center for the Arts for a five-year lease, with an option to purchase the property at the five-year term. Passed and adopted by the City Council of the City of Fridley this 13th day of September 2021. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 67 Jufn!:/ COMMERCIAL LEASE and between the City of Fridley, a municipal corporation and political subdivision of the state of Center for the Arts, a Minnesota, non-profit Tenant 1.!Premises. In consideration of the rents, covenants, and agreements herein reserved and contained on the part of Tenant to be performed, Landlord does hereby lease to Tenant the land, th building, and improvements located at 110 77 Way NE, Fridley, Minnesota, legally described on the attached Exhibit A (collectively, 2.!Lease Term; Termination. s obligation to pay rent hereunder s business on the Leased Premises or on October 1, 2021, whichever occurs first It is intended that the terms of this Lease shall be applicable until October 31, 2026 , with an opportunity to purchase as outlined in paragraph 10, herein. a. notice being delivered to the other party. In the event that Tenant terminates this Lease for any reason, it shall not be entitled to a refund of the Base Rent. In the event that Landlord terminates this Lease without cause, Tenant shall be entitled to a pro rata refund of Base Rent for that portion of the Lease Term which was terminated. 3.!Base Rent. Tenant shall pay Landlord rent in the amount of $1.00 per month, $12.00 The full Base Rent ($60.00) shall be paid by Tenant to Landlord upon the Commencement Date of this Lease. 4.!Maintenance Costs. Tenant shall be responsible for maintaining, repairing, and improving the driveway and parking lot when necessary, which includes snow removal. Tenant shall cover these costs. limited as indicated herein. Landlord shall not require any such improvements, unless such Premises from unreasonable decay or economic waste. 5.!Tenant Improvements. a.!Tenant shall, at its sole expense, comply with all applicable federal, state, and local laws, including without limitation, the building code, and shall obtain all permits required to construct the Tenant Improvements, as hereinafter defined. 6.!Permitted Use. Tenant shall use the Leased Premises for commercial purposes as a Center for the Arts. Landlord further consents to Tenant utilizing the Leased Premises for other ancillary activities which are reasonably related to the operation of a Center for the Arts, except that the Landlord shall retain sole discretion related to the use of the Leased Premises. In the event that 1 68 Jufn!:/ a publicly-owned facility, Landlord shall notify Tenant of such fact and Tenant shall cease all such uses immediately. 7.!AS-IS Condition of Leased Premises. Neither Landlord nor any agent, contractor, or employee of Landlord has made any representations or promises with respect to the Leased Premises except as expressly provided in this Lease, and no right, privileges, easements, or licenses with respect to the Leased Premises are being acquired by Tenant except as expressly provided in this Lease. No exhibit attached to this Lease, nor any other materials provided by Landlord shall constitute a warranty or agreement as to the configuration of the Leased Premises. Tenant, by xpressly provided in this Lease and such taking of possession shall be conclusive evidence that the Leased Premises are in good and satisfactory condition at the time of such taking of possession. In addition to and without limitation of the immediately preceding sentence, Tenant agree that they are leasing their own judgment, and hereby disclaim any reliance upon any statement or representation whatsoever by Landlord, its agents, contractors, or employees. Landlord makes no warranty with respect to the leased premises or any part thereof, express, or implied, and landlord specifically disclaims any warranty of merchantability and of fitness for a particular purpose and any liability for consequential damages arising out of the use of or the inability to use the premises, or any part thereof. 8.!Alterations. Landlord consents to Tenant making the Tenant Improvements that are set forth in Exhibit B not be made by Tenant unless written permission is obtained from Landlord. In the event that Tenant does not exercise its purchase option as outlined herein, such Tenant Improvements which constitute fixtures to the Leased Premises shall become the property of the Landlord. 9.!Purchase Option. a.!Upon completion of the Lease Term and provided that there is no Event of Default, as hereinafter defined, under this Lease and further that all Tenant Improvements have been timely performed and completed according to all applicable laws and regulations, Tenant shall have an option to purchase the Leased Premises from Landlord for $_TBD__ Tenant shall provide notice of its intent to exercise its purchase option to Landlord in writing at least 60 days before the expiration of the Lease Term. b.!Provided Tenant timely exercises said purchase option and subject to customary examination of marketable title, closing shall occur no later than 60 days after notice of the exercise of such option and at such closing, Tenant shall pay the Option Price to Landlord and Landlord shall convey to Tenant title to the Leased Premises by deed. Tenant shall be responsible for all closing costs, including, but not limited to title search and examination fees, the title insurance premium, the state deed tax, recording fees, and closing fees charged by the closing agent. c.!In the event that Tenant chooses not to exercise its option to purchase the Leased Premises hereunder, the Landlord may consider extending the terms of this Lease on a year-to- year basis subject to a market rate adjustment to the Base Rent applicable in such additional terms. 2 69 Jufn!:/ 10.!Indemnity. a.!To the fullest extent permitted by law, Tenant agrees to indemnify Landlord, its officials, employees, contractors, agents, and others acting on its behalf, to hold them harmless, and to defend and protect them, from and against any and all loss, damage, liability, cost and sort whatsoever, based upon, resulting from, or otherwise arising out of and in connection with any actions, claims or proceedings (from any source whatsoever) brought, or any loss, damage or injury of any type whatsoever sustained, by reason of any act or omission of Tenant, its officers, employees, contractors, or agents, or any other persons or entities for whose acts or omissions Tenant is s obligations (whether express or implied) under this Lease. b.!Tenant, its officials, employees, contractors, agents and others acting on its behalf agree to indemnify, defend, and hold harmless Landlord, its officials, employees, contractors, agents, and other acting on its behalf from any and all claims, losses, damages, liabilities, causes of action, judgments, costs or expenses, including incurred by or asserted against Landlord or its officials, employees, contractors, agents, and others acting on its behalf with respect to any use, nonuse, or condition of the Leased Premises created by the Tenant or its s use or manner of use of the Property. c.!Notwithstanding anything to the contrary in the Lease, Landlord does not waive any statutory limited immunity from municipal tort liability available to it under Minnesota Statutes, Chapter 466 or as otherwise provided. Such statutory immunity shall apply whether an action, claim, demand, or lawsuit is initiated by Tenant or by any third party. In no event, shall Tenant assert or rely upon such statutory liability of Landlord to avoid liability for any act for which Tenant would otherwise be legally responsible. d.!The obligations of this section shall survive the expiration or other termination of this Lease. 11.!Insurance. a. Tenant and its contractors, subcontractors, and agents must carry insurance during the term of this Lease in accordance with the following requirements: 1. all necessary statutory elections to provide coverage for actions brought by or claims made by any person doing work on the Leased Premises pursuant to this Agreement. 2. Comprehensive Auto Liability Insurance with minimum combined single limits of $1,500,000 per occurrence. 3. Comprehensive General Liability Insurance with minimum combined single limits of $1,500,000 per occurrence. 4. Insurance covering the Tenant Improvements, fixtures, and Tenants personal property located on or within the Premises. 3 6: Jufn!:/ 5. All insurance required by this Section may be carried under a separate policy or a rider or endorsement; shall be taken out and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the state of Minnesota. All policies shall include the Landlord listed as an additional insured. 6. Tenant shall provide to Landlord a certificate of insurance evidencing that all insurance required by this Section is in effect and complies with the requirements of this Section. b. Landlord will carry insurance during the term of this Lease for the full insurable value of the Leased Premises, including the building, except for the Tenant Improvements, Tenant shall be currently estimated to be $1,500 per year. Landlord will bill Tenant the actual cost of the insurance st premium, which must be paid by Tenant by June 1 of each year. The premium for 2021 will be prorated as of the date of closing and due and payable to Landlord no later than December 31, 2021. Tenant hereby waives and releases all claims, liabilities, and causes of action against Landlord and its officials, employees, contractors, and agents for loss or damage to, or destruction of the Tenant Improvements, fixtures, and personal property of Tenant, located in, upon or about the Leased Premises. c. notice from the insurance company to both parties before cancellation or change in coverage, scope, or amount of any such policy; and contain the standard form of waiver of subrogation. 12.!Environmental. a.!HAZARDOUS SUBSTANCES. Tenant agrees that throughout the term of the Lease, it shall not use the Leased Premises for the storage, handling, transportation, or disposal of broadly to include, but not be limited to, any material or substance that is defined, regulated or classified under any Environmental Law of other applicable federal, state or local laws and the ection 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601(14), the Federal Water Pollution Control Act, 33 U.S.C. §1321(14), as now or hereafter amended; (ii) Recovery Act, 42 U.S.C. §§6903(5) , 6921, as now or hereafter amended; (iii) toxic pollutant under section 307(a)(1) of the Federal Water Pollution Control Act, 33 U.S.C. §1317(a)(1) as now or U.S.C. §7412(a)(6), as now or hereafter amende Materials Transportation Uniform Safety Act of 1990, 49 U.S.C. §5102(2), as now or hereafter amended; (vi) toxic or hazardous pursuant to regulations promulgated now or hereafter under the aforementioned laws or any state or local counterpart to any of the aforementioned laws; or (vii) presenting a risk to human health or the environment under other applicable federal, state or local laws, ordinances or regulations, as now or as may be passed or promulgated in the future. release into the environment or 4 71 Jufn!:/ upon exposure, ingestion, inhalation, or assimilation, either directly from the environment or directly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer, or genetic abnormalities and specifically includes, but is not limited to, asbestos, polychlorinated bipherials, including radon and naturally occurring radio nuclides, natural gas, natural gas liquids, liquefied natural gas, synthetic gas, oil, petroleum and petroleum-based derivatives and urea formaldehyde. b.!Tenant will be solely liable for and will defend, indemnify, and hold Landlord, its officials, employees, contractors, and agents harmless from and against all claims, costs, and Tenants use, storage, handling, transportation, or disposal of Hazardous Substances on, at or under the Leased Premises, including cleanup or restoration of the Leased Premises. c.!The obligations of this Section shall survive the expiration or other termination of this Lease. 13.!Destruction and Restoration. If fire or other casualty partially damages or destroys the building on the Leased Premises, or the building on the Leased Premises incurs substantial damage due to vandalism, failure of building systems, or other unforeseen causes that occur during the term of this Lease, then Tenant may elect to repair the building on the Leased Premises, provided that such repairs can be made within 60 days. Repairs shall be made at Tenants expense. If Tenant does not elect to repair the damage or such repairs cannot be made within 60 days, this Lease may be terminated by either party. If the repairs are not made to the building on the Leased Premises and this Lease is terminated, Landlord shall be entitled all insurance proceeds received by Tenant Tenants ability to continue to use the Leased Premises for the permitted use under Section 7 of this Lease. Landlord shall have no obligation to perform any repairs to the Leased Premises. 14.!Surrender. Upon termination of this Lease, Tenant shall peaceably surrender the Leased Premises and remove all debris and personal property from the Leased Premises, except as otherwise provided herein. Tenant shall not remove any of the Tenant Improvements, appliances, or fixtures. Tenant shall be conclusively deemed to have abandoned any personal property not removed prior to the effective dTenants surrender of the Leased Premises. All debris and personal property may be disposed of by Landlord. Tenant shall be responsible for any disposal costs. Tenant further waives any claim against Landlord related to abandonment of such personal property. 15.!Default. a.!Any one of the following events shall constitute an event of default i.!Tenant fails to pay any monthly installment of Base Rent or Modified Base Rent, as defined herein, and such default shall continue for a period of five days after receiving written notice from the Landlord. 5 72 Jufn!:/ ii.!Tenant violates or fails to perform any of the other conditions, covenants, or agreements made by Tenant in this Lease, including without limitation, the timely completion of the Tenant Improvements, and such default continues for 15 days after written notice to Tenant from Landlord; provided, however, that if the Tenant informs Landlord in writing that the nature of such default is such that Tenant can cure the default, but not within 15 days, then the Event of Default shall be suspended for a period not more than 30 additional days, if Tenant diligently and continuously prosecutes the curing of the default, and so long as continuation of the default does not create a material risk to the Leased Premises or to persons using the Leased Premises. iii.!The Tenant files or has filed against them any bankruptcy, receivership, or or iv.!Tenant defaults in paying any outstanding loans that they may have relating to the Leased Premises. b.!If an Event of Default occurs and continues, Landlord may at its sole option by written notice to Tenant immediately terminate the Lease. Neither the passage of time after the occurrence of the Event of Default nor exercise by Landlord of any other remedy regarding such c.!If an Event of Default has occurred and continues, whether Landlord elects to terminate this Lease, Landlord may enter upon and repossess the Leased Premises (the Tenant and all other persons and property from the Leased Premises. In the event the Landlord reenters the Leased Premises pursuant to this paragraph and Tenant fails to remove its personal property within the time provided in Section 16 of this Lease, all items of personal property not removed shall be deemed abandoned, and title thereto shall transfer to the Landlord at the expiration of such period or, upon Tenant Landlord. Tenant shall be responsible for all disposal costs. Tenant hereby waives any claims it may have against Landlord related to such abandonment. d.!After Repossession, whether Landlord terminates this Lease, Landlord may, but shall not be obligated to, attempt to relet the Leased Premises for the account of Tenant in the name of Landlord or otherwise, for such term or terms and for such terms and uses as Landlord, in its uncontrolled discretion, may determine, and may collect and receive the rent from such reletting. e.!No termination of this Lease or Repossession shall relieve Tenant of its liabilities and obligations under this Lease and any outstanding loans that they may have relating to the Leased Premises, all of which shall survive any such termination or Repossession. 6 73 Jufn!:/ f.!In addition to all other remedies of Landlord, Landlord shall be entitled to with any Event of Default. g.!Landlord shall, in no event, be Tenant. Landlord shall not be in default if, within the 30-day period, Landlord is proceeding to cure the default with reasonable diligence and in good faith. h.!No remedy provided for herein or elsewhere in this Lease or otherwise available to either party by law, statute, or equity, shall be exclusive of any other remedy, but all such remedies shall be cumulative and may be exercised from time to time and as often as the occasion may arise. 16.!Waiver. No waiver by either party of any breach of any provision herein contained shall operate as a waiver of such provision itself, or of any subsequent breach. No payment by Tenant, receipt by Landlord of a lesser amount than the annual installments of the Base Rent, or failure to strictly require the completion of one or more of the Tenant Improvements, shall be deemed to be ents, to require that the balance of Tenant Improvements be timely completed, to terminate this Lease, to repossess the Leased Premises or to pursue any other remedy provided in this Lease. No re-entry by Landlord, and no acceptance by Landlord of keys from Tenant, shall be considered an acceptance of a surrender of the Lease. 17.!Liens and Loans. a.!Tenant materialmen, or other liens to stand against the Leased Premises or any part thereof for work or materials furnished to Tenant or its contractors or subcontractors in connection with this Lease. Tenant agrees to indemnify, defend, and hold harmless Landlord from and against the same. b.!Tenant shall be responsible for making payments on any outstanding loans that they have relating to the Leased Premises and ensuring that all payments are made on time. Tenant agrees to indemnify, defend, and hold harmless Landlord from and against the same. 18.!Assignment & Subletting. Tenant shall not assign or sublet the Leased Premises without the prior written consent of Landlord. 19.!Access to Premises. Tenant shall permit Landlord and the authorized representatives of Landlord to enter the Leased Premises during usual business hours for the purpose of inspecting the same to ensure that the Leased Premises and any Tenant Improvements comply with any laws, ordinances, rules, regulations, requirements, and orders of any public authority. Further, in the event of an emergency as determined by the Landlord, Landlord and its authorized representatives shall have the right to enter upon the Leased Premises to conduct inspections and to do any other acts necessary to prevent or mitigate losses related to such emergencies. NOTHING HEREIN SHALL IMPLY ANY DUTY ON THE PART OF LANDLORD TO DO ANY SUCH WORK UNDER ANY PROVISION OF THIS LEASE. Landlord shall, in connection with such inspection, cause as little inconvenience, annoyance, disturbance, loss of business, or other damage to Tenant 7 74 Jufn!:/ as may reasonably be possible in the circumstances, but in no event shall Landlord be liable for any inconvenience, loss of business, or other damage experienced by Tenant. 20.!Quiet Enjoyment. Tenant, subject to the terms and provisions of this Lease, on payment of rents and observing, keeping, and performing all the terms and provisions of this Lease, shall lawfully, peaceably, and quietly have, hold, occupy and enjoy the Leased Premises during the term hereof without hindrance or objection by any persons lawfully claiming under Landlord. 21.!Signs. Upon prior written approval by Landlord of location, design, and construction, which approval shall not be unreasonably withheld, Tenant may erect such signs upon the Leased Premises as they may deem desirable, if said signs do not violate the applicable City of Fridley and state codes, laws, and regulations. Said signs shall be erected at Tenant 22.!Holding Over. In the absence of any written agreement to the contrary, if Tenant should continue to occupy the Leased Premises following the expiration of the Lease, Tenant shall remain as a month-to-month Tenant and all provisions of the Lease applicable to such tenancy shall remain in full force and effect, except that the Landlord shall adjust the Base Rent to reflect market rates in effect at such time . Landlord shall notify Tenant, in writing, of the Modified Base Rent exercise its purchase option and may not vacate the Leased Premises. During such tenancy, the monthly Modified Base Rent shall be one-twelfth of the annual Modified Base Rent and payable on the first of each month. In any such event, Tenant shall be liable to Landlord for damages which Landlord may incur because of such holding over, including but not limited to damages incurred because of loss of a prospective successor tenant. If Tenant is a holdover tenant and if Tenant continues to occupy the Leased Premises following the termination of such holdover (by a proper notice as to such month-to-month tenancy), then the forgoing provision of this Section shall apply in the same manner as when Tenant continued to occupy following the expiration of the Lease term. 23.!Compliance With Laws. Tenant, at its sole expense, shall promptly comply with all laws, ordinances, and requirements of federal, state, and local laws and regulations relating to Tenants use and occupation of the Leased Premises, and with any lawful order or direction of any public officer relating to Tenants use and occupation of the Leased Premises during the Lease term. Violation of any applicable law, rule, or regulation shall constitute an Event of Default hereunder. 24.!Eminent Domain. If the whole or any part of the Leased Premises shall be taken by any public authority under the power of eminent domain, Tenant shall have no claim to, nor shall Tenant be entitled to, any portion of any award, for damages or otherwise. In the event only a portion of the Leased Premises are taken, the Lease shall terminate as to the part taken, and the rent and other charges herein reserved shall be adjusted for the remainder of the Leased Premises so that Tenant shall be required to pay for the balance of the term that portion of the rent reserved which the value of the part of the Leased Premises remaining after condemnation bears to the value of the Leased Premises immediately prior to the date of condemnation. The rental and other charges shall be apportioned as aforesaid by agreement between the parties or by legal proceedings but pending such determination Tenant shall pay at the time and in the manner above provided the rental herein reserved and all other charges herein required to be paid by Tenant, without deduction, and upon such determination, Tenant shall be entitled to credit for any excess rentals 8 75 Jufn!:/ paid. If, however, by reason of condemnation there is not sufficient space left in the Leased Premises for Tenant to reasonably conduct business, the Lease shall terminate. Although all damages in the event of condemnation belong to Landlord whether awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises, nothing herein shall be construed to prevent Tenant from claiming or recovering from the condemning authority such compensation as may be separately awarded or recoverable by Tenant in Tenantown right for its leasehold interest. 25.!Notices. Except as otherwise expressly provided in this Lease, any notice, demand, or other communication under the Lease and any related document by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified United States Mail or delivered personally to: (a) in the case of Tenant: North Suburban Center for the Arts Attn: Abby Kosberg, Executive Director North Suburban Center for The Arts th 110 77 Way NE Fridley, MN 55432 (b) in the case of the Fridley: City of Fridley Attn: Wally Wysopal 7071 University Avenue NE Fridley, MN 55432 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section 25. 26. If it is necessary for Landlord to retain the services of an attorney to enforce any of the terms, covenants, or provisions of this Lease, or to collect any sums due, Tenant shall be responsible for reimbursing Landlord for all reasonable costs of such service. 27. Miscellaneous. a.!Memo of Lease. Either party may record a memorandum of this Lease with the Office of the County Recorder, Anoka County, Minnesota. b.!Governing law. The laws of the State of Minnesota shall govern this Lease. c.!Time. Time is of the essence in the performance of all obligations under this Lease. d.!Binding effect. All the covenants, conditions, and agreements herein contained shall extend to, be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. e.!Authority to Execute. Each party represents and warrants to the other that (i) it has the full right, power, and authority to execute this Lease and has the power to grant all rights hereunder; (ii) its execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on said party; and 9 76 Jufn!:/ (iii) the execution and delivery of this Lease, and the performance of its obligations hereunder, have been duly authorized by all necessary personnel or corporate officers and do not violate any provision of law or court order or decree. i.!No Partnership. By executing this Lease, the parties are not establishing any joint undertaking, joint venture, or partnership. Each party shall act solely for its own account. ii.!Severability. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. iii.!Amendments. All amendments to this Lease must be in writing, executed by both parties. 10 77 Jufn!:/ CITY OF FRIDLEY By: __________________________ Scott Lund, Mayor By: __________________________ Wally Wysopal, City Manager 11 78 Jufn!:/ TENANT: By: North Suburban Center for The Arts By: __________________________________ Its: ___________________________________ 12 79 Jufn!:/ Exhibit A Legal Description and Depiction of the Leased Premises Lot 2, Block 1, Aus Addition, according to the map or plat thereof on file and of record in the Office of Registrar of Titles, in and for Anoka County, Minnesota. A-1 7: Jufn!:/ 81 Jufn!:/ 82 Jufn!:/ 83 Jufn!21/ AGENDA REPORT Meeting Date: September 13, 2021 Meeting Type: City Council Submitted By: Roberta Collins, Assistant to the City Manager Title Resolution No. 2021-78 Approving Claims for the Period Ending September 9, 2021 Background Attached is Resolution No. 2021-78 and the list of claims for the period ending September 9, 2021. Financial Impact Included in the budget. Recommendation Staff recommend adopting Resolution No. 2021-78. 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 !Resolution No. 2021-78 !Exhibit A: City Council Claims and Emergency Reports Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 84 Jufn!21/ Resolution No. 2021-78 Approving Claims for the Period Ending September 9, 2021 Whereas, Minnesota Statute § 412.271 generally requires the City Council to review and approve claims for goods and services prior to the release of payment; and Whereas, a list of such claims for the period ending September 9, 2021, was reviewed by the City Council. Now, therefore, be it resolved, that the City Council of the City of Fridley hereby approves the payment of the claims attached hereto as Exhibit A. th Passed and adopted by the City Council of the City of Fridley this 13 day of September, 2021. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 85 Jufn!21/ 86 Jufn!21/ 87 Jufn!21/ 88 Jufn!21/ 89 Jufn!21/ 8: Jufn!21/ 91 Jufn!21/ 92 Jufn!21/ 93 Jufn!21/ 94 Jufn!21/ 95 Jufn!21/ 96 Jufn!21/ 97 Jufn!21/ 98 Jufn!21/ 99 Jufn!21/ 9: Jufn!21/ :1 Jufn!21/ :2 Jufn!21/ :3 Jufn!21/ :4 Jufn!21/ :5 Jufn!21/ :6 Jufn!21/ :7 Jufn!21/ :8 Jufn!21/ :9 Jufn!21/ :: Jufn!21/ 211 Jufn!21/ 212 Jufn!21/ 213 Jufn!21/ 214 Jufn!21/ 215 Jufn!21/ 216 Jufn!21/ 217 Jufn!21/ 218 Jufn!21/ 219 Jufn!21/ 21: Jufn!21/ 221 Jufn!21/ 222 Jufn!21/ 223 Jufn!21/ 224 Jufn!21/ 225 Jufn!21/ 226 Jufn!21/ 227 Jufn!21/ 228 Jufn!21/ 229 Jufn!21/ 22: Jufn!21/ 231 Jufn!21/ 232 Jufn!21/ 233 Jufn!21/ 234 Jufn!21/ 235 Jufn!21/ 236 Jufn!21/ 237 Jufn!21/ EMERGENCY CLAIMS City of Fridley, MN By Fund Payment Dates 8/18/2021 - 9/9/2021 Payment NumberPayment DatePayable NumberDescription (Item)Account NumberAmount Fund: 101 - General Fund Division: 142 - Emergency Reserves Vendor: 12262 - US BANK (P-CARDS) DFT000358408/25/2021INV0026227101-1420-63312024.91 DFT000358408/25/2021INV0026227101-1420-63312075.13 Vendor 12262 - US BANK (P-CARDS) Total:100.04 Vendor: 12313 - VERIZON WIRELESS 19401008/24/20219886043204WIRELESS-COVID101-1420-63312041.77 Vendor 12313 - VERIZON WIRELESS Total:41.77 Division 142 - Emergency Reserves Total:141.81 Fund 101 - General Fund Total:141.81 Grand Total:141.81 9/9/2021 11:30:56 AMPage 1 of 2 238 Jufn!21/ EMERGENCY CLAIMS Payment Dates: 8/18/2021 - 9/9/2021 Report Summary Fund Summary Fund Payment Amount 101 - General Fund141.81 Grand Total:141.81 Account Summary Account NumberAccount Name Payment Amount Grand Total:141.81 Project Account Summary Project Account Key Payment Amount C19103141.81 Grand Total:141.81 9/9/2021 11:30:56 AMPage 2 of 2 239 Jufn!22/ AGENDA REPORT Meeting Date: September 13, 2021 Meeting Type: City Council Submitted By: Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Title Public Hearing and Adoption of Resolution No. 2021-74, Approving a Street Vacation Request, SAV #21-01, to Vacate Shamrock Lane N.E., Petitioned by Cummins Power Generation Background rd Cummins Power Generation, located at 1400 73 Avenue N.E. (Exhibit B) has submitted a street vacation application to have the entirety of Shamrock Lane N.E. vacated. Shamrock Lane is City right-of-way that th ends in a cul-de-sac located north of 69 Avenue on the east side of the City. In 1999, a plat of the Cummins property was approved to create a new lot on the southern portion of the property. That lot was created to accommodate the construction of a warehouse building that was owned by Murphy Warehouse. Shamrock Lane was then dedicated and constructed as public right-of- way to provide direct access to the newly created lot. A minimum of 25 feet of right-of-way access was required to create this parcel. Shamrock Lane was created to allow the second parcel and give it a right- of-way adjacent as required. The parcel itself was required to be created, because it was a separate owner, not Cummins at the time. The lot with the existing warehouse building has since been purchased by Cummins and the two lots rd were combined in 2015 to create one tax-parcel for the 1400 73 Avenue N.E. As a result, Shamrock Lane only serve the general public. If the right-of-way is vacated it will become part of the Cummins property and will be privately owned and taxed. City staff has met to discuss the street vacation, and the Public Works and Public Safety Departments are in full support of vacating this right-of-schedule, and it also helps to alleviate the parking and illegal dumping issues that the City has had to deal with over the years. Cummins notes in their narrative (Exhibit C) that one of the main reasons they are requesting the street vacation is to improve safety: y would like to control this access and maintain it for an employee only vehicle entrance to their south campus, specifically for their warehouse employees. This employee only vehicle entrance would keep employee vehicle access separate from truck access on the site. No trucks would be allowed to enter from this access point and Cummins would provide secured control to Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 23: Jufn!22/ Financial Impact No financial impact. Recommendation Staff recommends that the City Council hold a public hearing for Street Vacation #21-01. Staff further recommends approval of Resolution No. 2021-74. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-74 !Exhibit A: Vacation Description rd !Exhibit B: Map of 1400 73 Avenue N.E. !Exhibit C: Cummins Narrative Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 241 Jufn!22/ Resolution No. 2021-74 Approving Vacation, SAV #21-01 to Vacate Shamrock Lane N.E., Petitioned by Cummins Power Generation Whereas, on July 16, 2021, Cummins Power Generation submitted a request for the vacation of th Shamrock Lane N.E., generally located north of 69 Avenue N.E.; and Whereas, notice of a public hearing concerning the requested vacation was duly provided in accordance with Fridley City Code § 205.05.08 and a public hearing was held on said request at the City Council meeting on September 13, 2021, at the City of Fridley City Hall, 7071 University Avenue N.E.; and Whereas, at the City Council Meeting on September 13, 2021, the City Council of the City of Fridley proceeded to hear all person interested in said vacation request and all persons interested were afforded an opportunity to present their views and objections to the granting of said Petition and the City Council considered the request for said vacation; and Whereas, a copy of the Exhibit of the Street Vacation has been attached hereto as Exhibit A: Now, therefore be it resolved, that the City of Fridley, pursuant to Fridley City Charter §12.07, Fridley City Code § 205.05.8 and Minnesota Statues § 412.851, hereby vacates the public right-of- way situate in the City of Fridley, County of Anoka, State of Minnesota, to wit: All that part of Shamrock Lane as dedicated in the plat of Onan Addition, Anoka County, Minnesota. th Passed and adopted by the City Council of the City of Fridley this 13 day of September 2021. ________________________________ Scott J. Lund Mayor Attest: ________________________________ Melissa Moore City Clerk 242 Jufn!22/ 243 Jufn!22/ Exhibit 244 Jufn!22/ 245