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01-23-2023 City Council Meeting January 23, 2023 7:00 PM Fridley City Hall, 7071 University Avenue N.E. Agenda Call to Order Pledge of Allegiance Proclamations/Presentations 1.Presentation: Twin Cities North Chamber of Commerce Approval of Proposed Consent Agenda Approval/Receipt of Minutes 2.Approve the Minutes from the City Council Meeting of January 9, 2023 3.Receive the Minutes from the City Council Conference Meeting of January 9, 2023 Old Business 4.Ordinance No. 1405, Considering a Rezoning, ZOA #22-000001, by Roers Companies to Rezone the Property at 6257 University Avenue N.E. (Second Reading) New Business 5.Resolution No. 2023-05, Approving City of Fridley Data Practices Policy 6.Resolution No. 2023-12, Approving Gifts, Donations and Sponsorships Received Between December 12, 2022 and January 17, 2023 7.Resolution No. 2023-13, Approving a Service Contract With Steven Tallen, Tallen & Baertschi, for Prosecution Services for the Code Enforcement and Rental Inspection Divisions Claims 8.Resolution No. 2023-14, Approving Claims for thePeriod Ending January 18, 2023 Adoption of Regular Agenda Open Forum/Visitors(Consideration of Items not on Agenda15 minutes) Regular Agenda New Business 2 City Council Meeting 1/23/2023 Agenda Page 2 9. Resolution No. 2023-09, Receiving Feasibility Report and Calling for Public Hearing on the 53rd Avenue Roundabout Safety Project ST2023-22 10. Resolution No. 2023-10, Authorizing Execution of Grant Agreement with the Metropolitan Council for Inflow/Infiltration Reduction 11. Resolution No. 2023-11, Approving and Authorizing the Signing of an Agreement with Paymentus for Payment Processing Services Informal Status Reports Adjourn Upon request, accommodation will be provided to allow individuals with disabilities to participate in any City of Fridley services, programs, or activities. Hearing impaired persons who need an interpreter or other persons who require auxiliary aids should contact the City at (763) 572-3450. 3 Jufn!2/ AGENDA REPORT Meeting Date:January 23, 2023 Meeting Type:City Council Submitted By:Melissa Moore, City Clerk/Communications Manager Title Presentation: Twin Cities North Chamber of Commerce Background John Connelly, President of the Twin Cities North Chamber of Commerce (Chamber) will share an Financial Impact Recommendation None Focus on Fridley Strategic Alignment Vibrant Neighborhoods &Places X Community Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!2/ Nbovgbduvsf! Dpnnjunfou XipXifo • Sfhjpobm!Nbovgbduvsjoh!• Ongoing effort beginning in December of • Joining local manufacture businesses 2022. CoHort interactions expected to be six to eight times a year. For manufacturing, by industry and the individual businessmanufacturing – the CoHort members set the agenda and frequency of meetings. • UDO!Opsui!nfncfstijq!bu!mbshf • Programing supports an extended connection and value for member business Xifsf • Regional in proximity, but not necessarily • Nfncfst!pg!uif!xpslgpsdf!jo!pvs!sfhjpo limited by, of the service area of the Twin City • Job creation, career pathway, North Chamber of Commerce upskilling programs • Fevdbujpo!Dpnnvojuz Xiz • Connecting/working collaboratively • Position our regional manufactures for with K12, Tech Colleges and next tomorrow generation students • Connecting/working collaboratively with K12, Tech Colleges and next generation students Xibu • Qspqptfe!Njttjpo; Become a catalyst for • Joining local manufacture businesses thru strengthening community manufacturing- accelerating a transformation into a more individual business job creation and economic growth. • Workforce Acquisition, Incumbent Training, Continuous Improvement SPONSORED BY 5 https://www.twincitiesnorth.org/ Jufn!3/ AGENDA REPORT Meeting Date:January 23, 2023 Meeting Type:City Council Submitted By:Roberta S. Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting of January 9, 2023 Background Attached are the minutes from the City Council meeting of January 9, 2023. Financial Impact None. Recommendation Staff recommend the approval of the minutes from the City Council meeting of January 9, 2023. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Meeting of January 9, 2023. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 6 Jufn!3/ City Council Meeting January 9, 2023 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Mayor Lund called the City Council Meeting of January 9,2023, to order at 7:00 p.m. Present Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember RyanEvanson Councilmember Ann Bolkcom Walter Wysopal, City Manager Melissa Moore, City Clerk Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Brandon Brodhag, Assistant Public Works Director Sarah Sonsalla, City Attorney Pledge Of Allegiance Proclamations/Presentations 1.City Council Oath of Office Melissa Moore, City Clerk,administered the Oath of Office to Councilmembers Tillberry, Evanson, and Bolkcom. Approval of Proposed Consent Agenda Motion made by CouncilmemberBolkcomto adopt the proposed Consent Agenda.Seconded by CouncilmemberTillberry. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Approval/Receipt of Minutes 2.Approve the Minutes from the City Council Meeting of December 19, 2022. 3. Approve the Minutes from the City Council Conference Meeting of December 19, 2022. 7 Jufn!3/ City Council Meeting 1/09/2023 Minutes Page 2 4. Receive the Minutes from the Planning Commission Meeting of January 4, 2023. New Business 5. Resolution No. 2023-01, Confirming City Council Appointments and Designations. 6. Resolution No 2023-02, Authorizing the Use of Municipal State Aid System Funding for 2023 Local Improvements Project. Claims 7. Resolution No. 2023-06 Approving Claims for the Period Ending January 4, 2023. Adoption of Regular Agenda Motion made by Councilmember Tillberry to adopt the regular agenda. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Open Forum, Visitors: (Consideration of Items not on Agenda 15 minutes.) No one from the audience spoke. Regular Agenda Public Hearings rd 8. Public Hearing for the Preliminary Assessment Hearing for 53 Avenue Trail and Walk Improvements Project No. ST2023-01. Motion made by Councilmember Tillberry to open the public hearing. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Brandon Brodhag, Assistant Public Works Director, presented background information on the rd proposed 53 Avenue Trail and Walk Improvements project and the different components that were included. He explained why the trail and sidewalk improvements are needed for pedestrian safety and connectivity. He provided details on the neighborhood event which was held in October 2019 to gather resident input on the project. He noted that another open house for the project was held in August 2022. He reviewed the different project sections and provided more specific details on the project within those areas. He reviewed the tentative project schedule. He noted that the City Council received the feasibility report for the project at its December 12, 2022, meeting. He reviewed the project budget and different funding sources. He provided additional details on the different assessment calculations, as well as the different methods for payment of the assessment. 8 Jufn!3/ City Council Meeting 1/09/2023 Minutes Page 3 rd Council asked for details on the F line stops, specific to 53 Avenue. There were also questions about the interest rate for the payment option for assessments. Mr. Brodhag noted the planned F line stops in that area. He provided additional details on the assessment interest rate and payment methods. Residents asked for clarification on the location of the trail and sidewalk as well as crosswalks. Concern was expressed with the potential conflict between pedestrians and truck traffic as well as with the cost of the assessment. Scott Hickok, Community Development Director, commented that input has been received on the lack of pedestrian connection in the community and staff used that information to develop a plan to provide those connections for safe pedestrian connectivity. Mr. Brodhag provided additional details on how the assessment was determined and different options for payment were provided. He also provided details on the planned crossings. Jim Kosluchar, Public Works Director, provided additional details on lighting and what may be considered in the future. He also explained that the sidewalk and trail elements are not included in the assessment, The assessment is only a portion of the road cost. Council noted that street projects are planned many years in advance. The question was asked as to if a road project were skipped when it would appear back on the list, as well as the increased cost that would occur at that time. It was noted that roads appear on the list every 40 years or more. It was also noted that the sidewalks and trails are not included in the assessment and would be a benefit to the community. It was also agreed that if the project were not completed now, it would simply be deferred to a time when costs would probably be higher. A resident spoke in favor of the project as it would add safety for pedestrians and asked if additional traffic control measures would be added. A resident asked if the term of the assessment payments could be extended. Mr. Brodhag replied that the width of the lanes would be shrunk to help reduce the speed on the road. Mr. Kosluchar stated that the policy provides guidance of ten years for the term of an assessment. Additional details were provided noting that a 15-year term would only save a small amount monthly but would add a considerable amount of interest to the resident. Staff provided details on the process for senior deferral of assessment. Motion made by Councilmember Tillberry to close the public hearing, Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 9 Jufn!3/ City Council Meeting 1/09/2023 Minutes Page 4 Council took a brief recess at 8:10 p.m. and reconvened at 8:20 p.m. 9. Public Hearing for the Preliminary Assessment for 2023 Street Rehabilitation Project No. ST2023-01. Motion made by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Mr. Brodhag, Assistant Public Works Director, provided background information on the proposed street rehabilitation project and reviewed the proposed project elements. He reviewed the tentative project schedule. He stated the project was initiated in July and a virtual neighborhood information presentation was held in August 2022. He noted that a neighborhood meeting was also held specific to the Stinson Boulevard/Pleasant View Drive neighborhood on November 15, 2022. He stated that Council received the feasibility report for this project at the December 19, 2022, meeting. He reviewed the proposed project cost and funding sources, and provided additional details on the proposed assessments and payment methods. A resident indicated support for the project, but did not believe there is a need for the trail along Stinson, and expressed a desire for needed crossings. A question was asked whether the trail and shrunken road width would impact the assessment. It was noted the road is heavily plowed which results in damage to the roadway. A Mounds View resident asked for details on the project segment. Council replied the assessment would not be changed based on what is done with the trail, as that element is not assessed. It was noted that the reduced width of the road would be beneficial to the assessment as less asphalt would mean less cost. Mr. Kosluchar noted the parking lane would be converted to the trail on the Mounds View side. He said the City would work with Mounds View to address the intersections and needed crossings. Details were provided on how the two communities would be working together on that portion of the project. Motion made by Councilmember Bolkcom to close the public hearing, Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 10. Ordinance No. 1405, Public Hearing and First Reading to Consider a Rezoning, ZOA #22-000001, by Roers Companies to Rezone the Property at 6257 University Avenue N.E. : Jufn!3/ City Council Meeting 1/09/2023 Minutes Page 5 Motion made by Councilmember Tillberry to open the public hearing. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Scott Hickok, Community Development Director, stated he would be making a presentation for the Rezoning, Comprehensive Plan Amendment, and Plat requests from Roers Companies. He said after the public hearing is closed, they would vote on the rezoning, with the considerations for the Comprehensive Plan Amendment and Plat to follow in latter portions of the agenda. He stated the three requested land use items would allow for the redevelopment of the Moon Plaza property located at 6257 University Avenue. He provided a history of the property and noted the proposal would create an affordable housing apartment complex with 169 units with a mix of one, two and three bedrooms that would have various amenities. He provided a review of the analysis completed related to the Comprehensive Plan Amendment, Rezoning, and Plat requests. He reviewed details of the proposed site plan for the project and related housing and traffic studies that were completed. It was noted the Planning Commission held a public hearing on January 4, 2023, and unanimously recommended approval. The HRA also reviewed this request on January 5, 2023, and unanimously recommended approval of the rezoning. Staff also recommends approval of the three actions on the agenda with the recommended stipulations. He provided additional information on ownership versus rental housing in Fridley and compared that to other communities. He also compared the proposed development to other multi-family housing developments in Fridley. Council expressed excitement about this project and the revitalization that could come with it. Concern was expressed with parking on the west side and potential parking on the frontage road. Additional details were requested relating to landscaping, the fire access lane, traffic, building orientation and placement, and the number of underground parking stalls. Mr. Hickok replied the frontage road is not to be used for parking, and although the preferred option would be to replace the frontage road with greenspace, there are businesses using the frontage road for access. He commented that staff believes this parking ratio would be sufficient. He provided details on the proposed landscaping plan and fire access lane, noting that staff and the developer have been working with the Fire Department to find a solution that would ensure fire access that could be combined with greenspace. He provided additional details on the traffic analysis completed and the considerations related to building orientation. Andy Bollig, Roers Companies, commented that with affordable housing, there is a likelihood that some residents will not have vehicles. He explained that underground parking is first come, first served, and will be leased in order. He stated that if all residents have vehicles, the last two units would be allocated surface parking stalls. Council asked for clarification on the AMI mentioned and whether residents under that targeted AMI would also be renting units, as well as details on income verification. Council also asked whether there would be access from the rear of the building and whether the scrub trees would be removed. It was also asked whether a stairwell would be removed from an adjacent property. 21 Jufn!3/ City Council Meeting 1/09/2023 Minutes Page 6 Mr. Bollig replied that 100 percent of the residents have to be at or below 60 percent AMI with five percent of the units allocated for residents at or below 30 percent AMI. He provided additional details on income verification and the length of time the income restriction would remain on the property. Shane LaFave, Roers Companies, commented on the grade changes but confirmed they would desire to have walk-out units. It was confirmed that the less desirable trees would be replaced with higher quality trees. He said he did not believe the stairwell was on the subject property and therefore would not be under their control. Mr. Hickok noted that he could follow up with the adjacent property related to parking. There were no comments from the public. Motion made 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. Motion made by Councilmember Tillberry to approve the first reading of Ordinance No. 1405, Approving a Rezoning, ZOA #22-000001, by Roers Companies to Rezone the Property at 6257 University Avenue N.E. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. New Business rd 11. Resolution No. 2023-03, Ordering Final Plans, Specifications and Calling for Bids for the 53 Avenue Trail and Walk Improvements Project No. ST2023-21 Motion made by Councilmember Tillberry to adopt Resolution No. 2023-03 Ordering Final Plans, rd Specifications and Calling for Bids for the 53 Avenue Trail and Walk Improvements Project No. ST2023-21. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 12. Resolution No. 2023-04, Ordering Final Plans, Specifications and Calling for Bids for the 2023 Street Rehabilitation Project No. ST2023-01. Motion made by Councilmember Ostwald to adopt Resolution No. 2023-04, Ordering Final Plats, Specifications, and Callings for Bids for the 2023 Street Rehabilitation Project No. ST2023-01. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 13. Resolution No. 2023-07, Approving a Comprehensive Plan Amendment to Change the Future Land Use Designation from C-Commercial to MFR Multi Family Residential for the Land 22 Jufn!3/ City Council Meeting 1/09/2023 Minutes Page 7 Generally locations at 6257 University Avenue to be Developed as Affordable Multi-Family Housing and Authorize Staff to Submit a Comprehensive Plan Amendment for the Same to the Metropolitan Council Motion made by Councilmember Tillberry to adopt Resolution No. 2023-07, Approving a Comprehensive Plan Amendment to Change the Future Land Use Designation from C-Commercial to MFR Multi Family Residential for the Land Generally Located at 6257 University Avenue to be Developed as Affordable Multi-Family Housing and Authorize Staff to Submit a Comprehensive Plan Amendment for the Same to the Metropolitan Council. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 14. Resolution No. 2023-08, Approving a Preliminary Plat, PS #22-000003 Petitioned by Roers Companies for the Property Located at 6257 University Avenue N.E. Motion made by Councilmember Tillberry to adopt Resolution No. 2023-08, Approving a Preliminary Plat, PS #22-000003 Petitioned by Roers Companies for the Property Located at 6257 University Avenue N.E. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Informal Status Reports The Council noted a winter gear drive occurring at this time to collect new and gentle used winter clothing. Donations will be accepted at Springbrook Nature Center or the Civic Campus. Mr. Kosluchar thanked residents for being patient with snowplow removal and welcomed input. Residents were also asked to clear snow around mailboxes and fire hydrants, and to avoid parking on the street, when possible, in times of snow removal. Adjourn Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously and the meeting adjourned at 10:17 p.m. Respectfully Submitted, Melissa Moore Scott J. Lund City Clerk Mayor 23 Jufn!4/ AGENDA REPORT Meeting Date:January 23, 2023 Meeting Type:City Council Submitted By:Roberta S. Collins, Assistant to the City Manager Title Receive the Minutes from the City Council Conference Meeting of January 9, 2023 Background Attached arethe minutes from the City Council conference meeting of January 9, 2023. Financial Impact Recommendation Receive the minutes from the City Council conference meeting of January 9, 2023. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Conference Meeting of January 9, 2023. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 24 Jufn!4/ Council Conference Meeting January 9, 2023 5:30 PM Fridley City Hall, 7071 University Avenue NE Minutes Present Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Ryan Evanson Councilmember Ann Bolkcom Walter Wysopal, City Manager Jim Kosluchar, Public Works Director Scott Hickok, Community Development Director Brandon Brodhag, Assistant City Engineer Items for Discussion 1.2023 Capital Investment Plan Projects. Engineering staff presented a summary of construction activities planned for 2023. They also discussed projects contemplated by other agencies, and planning efforts for future construction projects. 25 Jufn!5/ AGENDA REPORT Meeting Date:January23, 2023 Meeting Type:City Council Submitted By:Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Title Ordinance No. 1405, Consideringa Rezoning, ZOA #22-000001, by Roers Companies to Rezone the Property at 6257 University Avenue N.E. (Second Reading) Background Roers Companies is requesting to have the property known as Moon Plaza at 6257 University Avenue N.E. rezoned from C-3 General Shopping to S-2, Redevelopment District to Allow for the Construction of a Multi-Family Housing Project. When a property is zoned S-2, Redevelopment District, a master plan also needs to be approved for the site. As a result, the petitioner is asking for a rezoning and master plan approval to allow for the construction of a 169-unit multi-family housing development. A Notice ofPublic Hearing before the Planning Commission and Fridley City Council (Council) was published in the December 21, 2022 edition of the The Planning Commission held a public hearing for ZOA#22-00001 at itsJanuary 4, 2023 meeting. They discussed parking, landscape and screening options, and the commercial retail market. The Commission then recommended approvalof the Rezoning for the property at 6257 University Avenue. The motion carried unanimously. The Council held a public hearing and approved the first reading of Ordinance No. 1405 at itsJanuary 9, 2023 meeting.The item was approved by the Council as recommended by Staff and the Planning Commission. If the Council conducts a second reading and adopts the ordinance this evening, a summary Financial Impact No financial impact. Recommendation Staff recommend the City Council conduct the second reading and adoption of Ordinance No. 1405. Staff recommend the approval of Summary Ordinance No. 1405 for publication. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 26 Jufn!5/ 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 !Ordinance No. 1405 !Summary Ordinance No. 1405 !Exhibit A: Master Plan Map Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 27 Jufn!5/ Ordinance No. 1405 Amending the Zoning Code of the City of Fridley The City of Fridley does ordain, after review, examination and staff recommendation the following: SECTION 1. That Appendix D of the Fridley City Code is amended hereinafter as indicated. SECTION 2. The tracts of areas within the County of Anoka and the City of Fridley addressed as: 6257 University Avenue N.E. and legally described as: Parcel 1 Anoka County, Minnesota excepting therefrom the following described parcel: Commencing at the point of intersection of the East line of said Lot 4 and a line drawn from a point in the West line of said Lot 4 distant 119.99 feet South from the Northwest corner of said Lot 4 to a point in the East line of said Lot 4, distant 118.06 feet South from the Northeast corner of said Lot 4, said distance being measured along the East and West line of said Lot 4 the actual Point of Beginning of the tract to be described; thence continuing West along said feet; thence West, at a right angle, a distance of 1.58 feet; thence South at a right angle to said istance of 1.58 feet; of said Lot 4; thence North along the West line of said Lot 4, to a point distant 28.0 feet South from the North line of said Lot 4 measured at a right angle to the North line of said Lot 4; thence East along a line parallel with the North line of said Lot 4 to a point distant 38 feet West from the East line of said Lot 4 measured at a right angle to the East line of said Lot 4; thence South to the actual Point of Beginning. (Abstract Property) AND Parcel 2 28 Jufn!5/ County, Minnesota, described as follows: Commencing at the point of intersection of the East line of said Lot 4 and a line drawn from a point in the West line of said Lot 4 distant 119.99 feet South from the Northwest corner of said Lot 4 to a point in the East line of said Lot 4, distant 118.06 feet South from the Northeast corner of said Lot 4, said distance being measured along the East and West line of said Lot 4 the actual Point of Beginning of the tract to be described; thence continuing West along said feet; thence West, at a right angle, a distance of 1.58 feet; thence South at a right angle to said ance of 23.74 feet; thence North at a right angle of said Lot 4; thence North along the West line of said Lot 4, to a point distant 28.0 feet South from the North line of said Lot 4 measured at a right angle to the North line of said Lot 4; thence East along a line parallel with the North line of said Lot 4 to a point distant 38 feet West from the East line of said Lot 4 measured at a right angle to the East line of said Lot 4; thence South to the actual Point of Beginning. (Abstract Property) SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoning District C-3, General Shopping to S-2, Redevelopment. SECTION 4. Said Rezoning is predicated upon redevelopment of the property in accordance with the approved Site Plan, shown in Exhibit A and the Stipulations, shown in Exhibit B. rd Passed and adopted by the City Council of the City of Fridley on this 23 day of January 2023. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk 29 Jufn!5/ Public Hearing: January 9, 2023 First Reading: January 9, 2023 Second Reading: January 23, 2023 Summary Publication: January 26, 2023 2: Jufn!5/ Exhibit B Stipulations: 1.! 2.!The exterior building elevations shall be developed in accordance with the architectural 3.!The petitioner shall meet all requirements set forth by: a.!The Building Code b.!The Fire Code c.! related to grading, drainage, storm pond maintenance agreement, utilities, and utility connection fees d.! related to landscaping (meeting the 30% coniferous requirement), signage, parking, setback, and sidewalk/trail connections. e.!The Mississippi Watershed Management Organization f.!The Minnesota Department of Transportation 4.!If the square footage of the footprint of any of the buildings proposed changes by more than 10%, a S-2 master plan amendment shall be required. 5.!The parking formula for this project requires that the 167 underground parking stalls are assure adequate parking overall on this development site. 6.!The petitioner is strongly encouraged to participate in Xcel En Assistance program to identify energy and cost-saving strategies and to evaluate the potential for solar energy. 7.!The petitioner is strongly encouraged to consider accommodations for electric vehicle (EV) charging. 8.!The internal refuse rooms shall be designed to include the future collection of organics. The petitioner is encouraged to work with Anoka County Recycling and Resource Solution on signage for waste receptacles. 31 Jufn!5/ City of Fridley Summary Ordinance No. 1405 Amending the Fridley City Code Appendix D The City of Fridley does ordain, after review, examination, and staff recommendation that the Fridley City Code be amended by adopting Ordinance No. 1405. A summary of the amendment made by Ordinance No. 1405 is as follows: the Ordinance amends Appendix D, Zoning Map, by changing the zoning classification of the tracts of areas within the County of Anoka and the City of Fridley addressed as 6257 University Avenue N.E. from Zoning District C-3, General Shopping to S-2, Redevelopment. Ordinance No. 1405 was passed and adopted by the City Council of the City of Fridley on January 23, 2023. The full text of the Ordinance is available on the City website or for inspection by any person during regular office hours at the Office of the City Clerk. 32 / 5 ! 3 3 n f u J Exhibit A Jufn!6/ AGENDA REPORT Meeting Date:January 23, 2023 Meeting Type:City Council Submitted By:Melissa Moore, City Clerk/Communications Manager Title Resolution No. 2023-05, Approving City of Fridley Data Practices Policy Background The Minnesota Government Data Practices Act (MGDPA) is a series of state laws that attempt to es must comply with the MGDPA. Minnesota Statutes § 13.025, subd. 2 requires the City of Fridley (City) to prepare a written data access policy and update it to reflect changes in personnel, procedures and/or other circumstances that may impact the publi processes for requesting data, along with an inventory of Not Public Data, as required by M.S. § 13.025 subd. 1. On March 8, 2021the Fridley City Council approved the CityData Practices Policy. In compliance collaboration with the City Attorney. Additionally, a full review of Not Public Datawas done with staff in all other departments. Beyond formatting changes, substantive revisions to the policy include: available. The MGDPA does not specifically address standing requests. However, the Minnesota Department of Administration has concluded that government entities have an obligation to respond to such requests. In this revised policy, standing requests will continue to be processed, but the duration of standing requests wasreduced from one year to 90 days. The reasoning for this is the administrative load that standing requests put on the City. Such experiences with standing requests, oftentimes a requestor no longer needs/wants the requested data past the initial response. Limiting standing requests to 90 days ensures both the City and the requestor narrow the scope of data requested to avoid waste. The Policy now incorporates release and request forms for Body Worn Camera video. Financial Impact None. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 34 Jufn!6/ Recommendation Staff recommend the approval of Resolution No. 2023-05. 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. 2023-05 !City of Fridley Data Practices Policy Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 35 Jufn!6/ Resolution No. 2023-05 Approving City of Fridley Data Practices Policy Whereas, the Fridley City Charter §12.02 directs that records of the City of Fridley (City) shall be open to inspection in accordance with the Minnesota Government Data Practices Act (MGDPA); and Whereas, the MGDPA as found in Minnesota Statute (M.S.) Chapter 13, is a section of State law that ly and efficiently; and Whereas, M.S. § 13.025, subd. 1 requires the City to prepare an inventory of any Not Public Data, which must be reviewed and updated annually; and Whereas, M.S. § 13.025, subd. 2 requires the City to prepare a written data access policy; and Whereas, pursuant to Resolution No. 2023-01 the City Manager is the Responsible Authority for data practices; and Whereas, Policy. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the City of Fridley Data Practices Policy. rd Passed and adopted by the City Council of the City of Fridley this 23 day of January, 2023. _______________________________________ Scott J. Lund Mayor Attest: ___________________________________ Melissa Moore City Clerk 36 Jufn!6/ DATA PRACTICES POLICY Purpose Minnesota Statutes, Chapter 13, known as Minnesota Government Data Practices Act (MGDPA), and the City Charter, Chapter 12 govern all data and similar information collected, created, received, maintained, or disseminated by the City of Fridley (City). The MGDPA presumes that all Government Data are public unless a State or Federal law provides for a different classification. It also requires the City to prepare a written data access policy and update it annually. The MGDPA provides that the Citymust maintainall Government Data in a mannerthat makes it easy for public inspection and access. The MGDPA regulates what information may be collected, who has access to that information, the duties of government personnel in administering its provisions, procedures for access to and classifying data, civil penalties for violations and the fees associated with fulfilling any request for Government Data. This Data Practices Policy (Policy) addresses both public and non-public data procedures as required by the MGDPA and Advisory Opinions offered by the Minnesota Department of Administration and other State agencies, as applicable Government Data Pursuant to Minnesota Statutes (M.S.) § 13.02, subd. 7, Government Data means all data collected, created, received, maintained, or disseminated by any government entity regardless of its physical form, storage media or conditions of use. Government Data does not include mental impressions. Unless otherwise stated in this Policy, use of the term “data” means “Government Data” as defined here. Responsibility The Responsible Authority is an individual designated by the City Councilresponsible for the collection, use, and dissemination of any Government Data,unless otherwise provided by State law. The City Council must, by resolution, designate any full–time, regular employee as the Responsible Authority for the City. By written order, the Responsible Authority mayfurtherdesignate any City employee(s) as theirdesignee to maintain Government Data, and to receive and comply with requests for the same. The Responsible Authority may designate certain staff to receive and respond to requests for Government Data on their behalf. They may also appoint Data Practices Compliance Officials (DPCO) to answer questions regarding this Policy. Questions If you have questions about the information shared this Policy, contact a member of the City Clerk’s Officeat 763-572-3450 or CityClerk@FridleyMN.gov. Approved: January 23, 20231 37 Jufn!6/ Classification of Data The MGDPA establishes a system of classifications that define who is legally authorized to access Government Data. This classification structure is defined in M.S. § 13.02 and generally classifies data into three classifications: data on individuals, data not on individuals and data on decedents. These classifications each have three subcategories that determine who can access the data. The chart below sets out the framework for classification and access. Any data classified or defined in this Policy shall be defined as below or as found in Minnesota Statutes, Chapter 13. Government Data Classification and Access Data on Data not on Data on IndividualsIndividualsDecedentsAccess? Public Public PublicAnyone Not Public PrivateNon-Public Private Data subjects and government employees and officials with a business need to know. Confidential Protected Confidential Only government employees and officials with a Non-Public business need to know. Data on Individuals Data on individuals means “all Government Data in which any individual is or can be identified as the subject of that data unless the appearance of the names or other identifying data can be clearly demonstrated to be only incidental to the data and the data are not accessed by the name or other identifying data of any individual.” There are three types of data on individuals: public, private and confidential. Public data is anything not classified by State statute, Federal law, or temporary classification as either private or confidential. Private data is data on individuals that is expressly classified as private by State statute, Federal law, or temporary classification. Private data is not accessible to the public but may be accessed by the subject of the data, individuals within the City whose work assignments reasonably require access, outside entities or agencies that are authorized by State or Federal law and entities or individuals given access by the express written direction of the data subject. Confidential data is data on individuals that is expressly classified as confidential by State statute, Federal law, or temporary classification. Confidential data is not accessible to the public or the subject of the data and access is limited to individuals within the City whose work assignments reasonably require access or outside entities and agencies authorized by State or Federal law. Approved: January 23, 2023 2 38 Jufn!6/ Data Not on Individuals Data not on individuals means “all Government Data that is not data on individuals.” There are three types of data not on individuals: public, non-public and protected non-public. Public data not on individuals is accessible to anyone for any reason. Non-public data not on individuals is accessible only to the subject of the data (if there is one) and is not accessible to the public. Protected non-public data not on individuals is not accessible by either the subject of the data or the public. Data on Decedents Data on decedents is not specifically defined in the MGDPA but is generally considered to be data related to an individual who is no longer living. There are three types of data on decedents. Public data on decedents is accessible by anyone for any reason. Private data on decedents is accessible by the representative of the decedent, but not accessible to the public. Confidential data on decedents is not accessible by either the representative of the decedent or by the public. Private and confidential data on decedents becomes public ten years after the actual or presumed death of an individual and 30 years have lapsed from the creation of the data. An individual is presumed dead after 90 years have elapsed since either the creation of the data or the individual’s birth, whichever is earlier. Temporary Classifications The City may apply to the Commissioner of the Department of Administration to temporarily classify specific data or types of data as not public until a proposed State statute, rule and/or advisory opinion is given. The application for temporary classification is public. Data Requests Pursuant to the MGDPA, the City must prepare a policy and documents for procedures to facilitate public access to Government Data. This Policy establishes such documents and procedures. It is the Responsible Authority’s duty to respond to data requests and must allow access to or provide copies of Government Data upon request and must provide the specific statutory authority when access is denied. Rights as Data Subject An individual person who is the subject of Government Data has the right to inspect, free of charge, any public and private data that the City maintains. If copies are requested, a fee may be charged. The Data Practices Request Form must be submitted to the City Clerk’s Office to initiate a data request. The Responsible Authority, or their designee, shall require proof of identification to verify the requestor is the subject of requested Government Data pursuant to M.S. § 13.05 subd. 12. Approved: January 23, 2023 3 39 Jufn!6/ Standing Requests The City doesnot prohibit or refuse a standing request for data. However, the duration of a standing request is limited to 90 days from the date of the original request. After 90 days, the City will require the requestor to complete a new Data Practices Request Form to initiate a new request. Public Data Requests To inspect data or request copies of data that the City maintains, a written request must be submitted in a form as required by the City. A completed form must be submitted to the Responsibility Authority, or their designee. Requests may be submitted in-person or via mail, facsimile, or email. The City cannot require a requestor to identify themselves or explain the reason for a data request. However, depending on how the requestor wishes to receive the data, the City may need some information about the requestor. If the requestor chooses not to provide any identifying information, staff will provide them with contact information so they may check on the status of the request. In addition, if the City does not understand the request and has no way to contact the requestor, it will not be able to process the request. How the City Will Respond to a Data Request Upon receiving a request, the Responsible Authority or their designee will process the request. If the City does not have the data being requested, the requestor will be notified as soon as reasonably possible. If the City does have the data being requested, but the data is not available to the public, it will notify the requestor as soon as reasonably possible and cite the specific statute(s) that classify any such data. If the City has the data that is requested and the data are public, the Responsible Authority or their designee will respond to the request appropriately and within a reasonable amount of time by doing one of the following: 1. Arrange a date, time, and place to inspect data, for free, if the requestor wishes to inspect the data; 2. Provide the requestor with paper copies of the data if requested (a mailing address may be required if the requestor asks for any data be mailed); or 3. Email requested data to the requestor. The MGDPA does not require the City to create or collect new data in response to a data request or to provide data in a specific form or arrangement if the City does not keep the data in that form or arrangement. In addition, the MGDPA does not require the City to answer questions that are not requests for data. If the requestor is the subject of the data, the City must respond within 10 business days of the request, excluding Saturdays, Sundays and City holidays. If the requestor is not the subject of the data, the City must respond in an appropriate and prompt manner, which is within a reasonable amount of time depending on the nature and extent of the request. The Responsible Authority, or Approved: January 23, 2023 4 3: Jufn!6/ their designee, will communicate with the requestor regarding the nature of the request and what an appropriate response time may be. Requests for Summary Data Pursuant to M.S. § 13.02, subd. 10, Summary Data “means statistical records and reports derived from data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristic that could uniquely identify an individual is ascertainable.” The preparation of summary data is not a means to gain access to private or confidential data. The City will prepare summary data if it is requested on the Data Practices Request Form, and if the requestor pre-pays for the cost of creating the data. Upon receiving a written request, the City will respond within an appropriate time with the data or details of when the data will be ready and how much the City will charge. Pursuant to M.S. § 13.05, subd. 7, the City may contract with an outside entity to prepare summary data. All rules and regulations for hiring such an outside entity will be followed according to Minnesota Rules (M.R.) 1205.0700. Any costs incurred in the preparation of summary data will be borne by the requesting party. The City will communicate with the requestor and follow all directives for calculating fees found in M.R. 1205.0300. Fees Minnesota Statutes § 13.03 provides that, if a person requests copies or electronic transmittal of public data, and the requestor is not the subject of the data, the Responsible Authority, or their designee, may require the requestor to pay a fee, which will be calculated using one of the methods below. Regardless of which method is used, the City may not charge for separating public data from not public data. The Responsible Authority may, through administrative policy, choose to not charge for requests up to a predetermined amount, which may be revised not more than annually. Fee Calculation Method No. 1 If 100 or fewer pages of black and white, letter or legal-size paper copies are requested, the City will charge a per-page fee of not more than 25 cents for each page copied (i.e., 50 cents for a two- sided copy). The City is authorized to charge only the per-page fee and cannot require the requestor to pay any of the cost listed in Fee Calculation Method No. 2. This provision shall not be interpreted to permit division of a single request into requests for copies of fewer than 100 pages in order to avoid charging a fee based on the actual costs of providing copies. Fee Calculation Method No. 2 In all other circumstances, including requests to provide data via email or facsimile, the City may require the requestor to pay the actual costs of searching for and retrieving the data, including the cost of employee time, and for making, certifying, compiling and electronically transmitting copies of the data. Additional criteria for determining copy costs using Method No. 2 are set forth in M.R. Approved: January 23, 2023 5 41 Jufn!6/ 1205.0300, subpart 4. The City will not charge a minimum fee but reserves the right to calculate the cost to respond to the request. The City may not assess a fee for labor costs (e.g., wages, benefits) that exceed those of the lowest- paid employee who could complete the task(s) performed. Generally, the cost, as determined by the City, may include the following: Staff time required to Retrieve documents; Sort and label documents, only if necessary, to identify the data to be reproduced; Remove staples or paper clips; Take documents to copiers for copying; and Copy/print documents. Materials (e.g., paper, copier ink, staples, magnetic tapes, video tapes, audio cassettes). Special costs associated with making copies from computerized data, such as writing or modifying a computer program to format data. Mailing, shipping and delivery costs. Vehicle costs directly involved in transporting data to the appropriate facility when necessary to provide copies. Preparation of summary data pursuant to M.R. 1205.0700 and M.R. 1205.0300. Generally, the cost, as determined by the City, may not include the following: Purchase or rental of copier/printer. Maintenance of copier/printer. Normal operating expenses of computer/copier, including electricity used, and machine wear. Depreciation of equipment. Staff time required to: Separate public from not public data; Open a data request that was mailed; Sort, label or review data, if not necessary to identify the data to be copied; Return documents to storage; Provide information about the data to the requestor (i.e., explain content and meaning of data); Prepare data for mailing; Prepare cover letter, fax sheet or invoice for copies; and Credit payment and perform other associated accounting functions. Administrative costs that are not related to reproducing data. Records storage. Sales tax. The entire cost of operating a multi-tasked computer for a measured unit of time, when fulfilling a request for copies was only one of the tasks performed during that unit of time. Costs incurred because data are not maintained in a manner that makes them easily accessible for convenient use. Search and retrieval costs when data are inspected but no copies or prints are requested. Approved: January 23, 2023 6 42 Jufn!6/ Not Public Data Minnesota Statute § 13.02 subd. 8a defines Not Public Data as “any government data classified by statute, or federal law, or temporary classification as confidential, private, non-public, or protected non-public.” As a part of this Policy, the City is required to prepare an inventory of all private and confidential data on individuals that is maintained by the City. Employee Access to Information Minnesota Statutes § 13.05, subd. 5, requires the City to identify the employees who have access to not public data. The City has met this requirement by incorporating employee access listed in the Not Public Data Inventory, in the employee’s position description, or both. This Policy limits access to not public data to employees and their supervisors whose work assignment reasonably requires access to the data. In the event of a temporary duty as assigned by a manager or supervisor, an employee may access certain not public data, for as long as the work is assigned to the employee. In addition to the employees listed in the Not Public Data Inventory, the Responsible Authority, their designee(s), the DPCOs, the City Manager, the City Clerk, the City Attorney, and the Information Technology Manager and their applicable deputies and assistants may have access to all not public data maintained by the City, or a Department Director for not public data maintained by their respective department. Any access to not public data will be strictly limited to the data necessary to complete the work assignment. Data Sharing with Authorized Entities or Individuals State or Federal law may authorize the sharing of not public data in specific circumstances. Not public data may be shared with another entity if a State or Federal law or regulation allows or mandates it. Individuals will have notice of any sharing in applicable Tennessen warnings or the City will obtain the individual’s informed consent through a release of information provided by the City. Any sharing of not public data will be strictly limited to the data necessary or required to comply with the applicable law. Ensuring Not Public Data are not Accessed Without a Work Assignment Within the City, departments may assign tasks by employee or by job classification. Each department shall ensure that all not public data are secure and are only made available to employees with a valid work reason to access the data in accordance with this Policy and applicable law. This Policy also applies to departments that share workspaces with other departments within the City where not public data are maintained. Recommended actions for ensuring appropriate access include: Assigning appropriate security roles, limiting access to appropriate shared network drives, implementing password protections for not public electronic data; Password protecting employee computers and locking computers before leaving workstations; Approved: January 23, 2023 7 43 Jufn!6/ Discussing not public data only with authorized personnel and ensuring such conversations are not audible to unauthorized parties; Securing not public data within locked workspaces and in locked file cabinets; and Shredding not public documents before disposing of them. Penalties for Unlawfully Accessing Not Public Data The City will utilize penalties for unlawful access to not public data as provided for in M.S. § 13.09, if necessary. Any employee unlawfully accessing not public data or violating applicable sections of this Policy or applicable laws may be subject to disciplinary action, up to and including involuntary termination. The City may also refer such violations to the appropriate authorities, which may pursue other legal actions. Not Public Data Inventory Pursuant to M.S. § 13.025 the City has compiled a list of all not public data that is collected and maintained by individual departments. The inventory includes a description of the data, the data’s typical classification, the statutory citation which directs the data’s classification, and a list of City staff who have access to each not public data item. City Manager’s Department Not Public Data Inventory Name of Record DescriptionData Citation for Employee Work Access Classification Classification City Commission Applications until official Private M.S. 13.601City Manager, Assistant to and Committee appointment the City Manager, Staff Appointment Liaison, City Clerk, Deputy Files City Clerk City Manager’s Update from the City Private M.S. 13.601City Manager, Assistant to Report Manager to members of the City Manager, City Clerk the City Council Federal ContractsAgreements, contractsPrivate/Non-M.S. 13.35City Manager, Assistant to Public the City Manager, Finance Director, Assistant Finance Director Civil Legal Action Pending or ongoing civil Protected M.S. 13.39 City Manager, Assistant to legal case files and work Non-Public the City Manager, City Clerk, product City Attorney, and certain employees on an as needed basis as part of a specific work assignment. Absentee Ballot Application submitted to Public M.S. 13.37 City Clerk, Deputy City Clerk, Application receive an Absentee Private M.S. 203B.04 Assistant to the City Ballot Manager, Absentee Ballot Board Approved: January 23, 2023 8 44 Jufn!6/ BallotsAbsentee ballots, voted PublicM.S. 13.37City Clerk, Deputy City Clerk, and rejected ballots Private Assistant to the City Manager, Absentee Ballot Board Data Practices In-writing request forms Public VariousCity Manager,Responsible Requests submitted pursuant to Private Authority, Data Practices the Minnesota Compliance Official, City Government Data Clerk, Deputy City Clerk, and Practices Act certain employees on an as needed basis as part of a specific work assignment. Data Practices Responsible Authority Public VariousCity Manager, Responsible Responsesresponses to written PrivateAuthority, Data Practices requests pursuant to the Compliance Official, City Minnesota Government Clerk, Deputy City Clerk, and Data Practices Act certain employees on an as needed basis as part of a specific work assignment. Community Development Department Not Public Data Inventory Name of RecordDescription Data Citation for Employee Work Access ClassificationClassification Applications Permit applications and Public M.S. 13.37 City Manager, Community summary data – includes Private Development Director, building permits and Planning Manager, Building business permits Official, Building Inspector, Associate Planner, Permit and Licensing Coordinator, Public Works Director, Administrative Assistant, City Engineer, Assistant City Engineer Building Plans Architectural, design Public M.S. 13.37 City Manager, Community Commercial and specifications, structural Private subd. 1b; Development Director, Industrial and utility plans, security Non-Public M.S. 541.051 Planning Manager, Building plans and trademark Official, Building Inspector, information. Associate Planner, Permit and Licensing Coordinator, HRA Assistant Executive Director, Public Works Director, City Engineer, Assistant City Engineer, Public Works Utilities Staff, City Forester, Environmental Planner, and certain Approved: January 23, 2023 9 45 Jufn!6/ employees on an as needed basis as part of a specific work assignment. Building Plans Architectural, design Public M.S. 13.37 City Manager, Community Residentialspecifications, structural Privatesubd.1bDevelopment Director, and utility plans Non-Public Planning Manager, Building Official, Building Inspector, Associate Planner, Permit and Licensing Coordinator, Public Works Director, City Engineer, Assistant City Engineer, Utilities Staff, City Forester, Environmental Planner, and certain employees on an as needed basis as part of a specific work assignment. Business Licenseapplications and Public M.S. 13.37 City Manager, Community Licensing summary data Private Development Director, Applications Planning Manager, Building Official, Building Inspector, Associate Planner, Permit and Licensing Coordinator, City Clerk, Deputy City Clerk Grant Application Annual breakdown of city Public M.S. 13.462City Manager, Community and Loans applications and Private Development Director, HRA supporting materials or Director, HRA Assistant services Executive Director, Planning Manager, Associate Planner, Environmental Planner, Code Enforcement Inspector, Rental Inspector HRA Project Rent rolls, schedules, PublicM.S. 13.44;City Manager,Community Management and tenant income related to Private M.S. 13.462 Development Director, HRA Rental Title II Director, HRA Assistant Agreements Executive Director, Planning Manager, Associate Planner, Environmental Planner, Code Enforcement Inspector, Rental Inspector Nuisance Complaints from citizens Public M.S. 13.44 City Manager, Community Complaintsabout the use of real Private Development Director, HRA property Confidential Director, HRA Assistant Executive Director, Planning Manager, Associate Planner, Environmental Planner, Code Enforcement Inspector, Rental Inspector, Public Works Director, Approved: January 23, 2023 10 46 Jufn!6/ Administrative Assistant, City Engineer, Assistant City Engineer, and certain employees on an as needed basis as part of a specific work assignment. Property Deeds, contracts, Public M.S. 13.44; City Manager, City Clerk, Acquisition correspondence, Confidential M.S. 13.585 Deputy City Clerk, purchase valuation data, Protected Community Development agreements, property Non-Public Director, HRA Director, HRA data – includes real Assistant Executive Director, property appraisal Planning Manager, Associate information Planner, Environmental Planner, Code Enforcement Inspector, Rental Inspector, Public Works Director, City Engineer, Assistant City Engineer, Administrative Assistant Rental Licensing License applications and Public M.S. 13.37 City Manager, Community Applications summary data Private Development Director, Rental Housing Manager, Rental Inspector, Planning Manager, Associate Planner, Code Enforcement Inspector, Building Official, Building Inspector, Permit and Licensing Coordinator, Community Development Office Coordinator Employee Resources Department Not Public Data Inventory Name of RecordDescription Data Citation for Employee Work Access ClassificationClassification I-9 Employee Verification of status of Private M.S. 13.43 City Manager, Employee Eligibility citizenship or Resources Director, Verification naturalization Employee Resources Specialist, Administrative Assistant Affirmative Sexual harassment and Public M.S. 13.39; City Manager, Employee Action Files discrimination; Private M.S. 13.43 Resources Director, Supplemental personnel Confidential Employee Resources data from job application; Specialist, Administrative Assistant Approved: January 23, 2023 11 47 Jufn!6/ Copies of reports sent to Human Rights Commission Applications for Applications, resumes, Public M.S. 13.43 City Manager, Employee Persons on letters of PrivateResources Director, Eligibility recommendation, police Employee Resources List/Register background Specialist, Administrative investigations, etc. If Assistant, Insurance and hired, application Payroll Coordinator, Public becomes part of Safety Director, Deputy personnel file. Director of Public Safety, Administrative Assistant, Public Works Director, Finance Director, Community Development Director, and certain employees on an as needed basis as part of a specific work assignment. Benefit Employees’ medical, Private M.S. 13.43 City Manager, Employee Enrollment Forms dental, deferred Resources Director, compensation, etc. Employee Resources election forms Specialist, Administrative Assistant, Insurance and Payroll Coordinator Department of Complaints, alleged Private M.S. 13.79 City Manager, Employee Labor violations of FLSA Resources Director, Employee Resources Specialist, Administrative Assistant, Finance Director Drug and Alcohol Includes commercial Public M.S. 13.43 City Manager, Employee Testing Results driver’s licenses, Private Resources Director, controlled substance test Employee Resources results, driver’s Specialist, Administrative evaluations, pre-Assistant placement drug test results Employee Information relating to Public M.S. 13.43 City Manager, Employee Medical Records the health status of an Private Resources Director, employee which is made Employee Resources or maintained by a Specialist, Administrative physician, nurse or other Assistant health care personnel Examination File Completed exams Private M.S. 13.43 City Manager, Public Safety administered to Director, Deputy Director of applicants & promotional Public Safety, Employee exams administered to Resources Director, employees Employee Resources Specialist, Administrative Assistant, Public Works Approved: January 23, 2023 12 48 Jufn!6/ Director, FinanceDirector, Community Development Director, and certain employees on an as needed basis as part of a specific work assignment. Family Medical Employee application Private M.S. 13.43 City Manager, Employee Leave Document information for family Resources Director, medical leave Employee Resources Specialist, Administrative Assistant, Public Safety Director, Director of Public Works, Finance Director, Community Development Director, and certain employees on an as needed basis as part of a specific work assignment. First Report of Claims for injuries, injury Private M.S. 13.43 City Manager, Assistant to Injury report, supervisor’s report the City Manager, Employee Resources Director, Employee Resources Specialist, Administrative Assistant, applicable supervisor(s), Finance Director, Insurance and Payroll Coordinator Grievance Files Formal written employee Public M.S. 13.43 City Manager, Employee grievance and/or Private Resources Director, complaint filed under a Employee Resources labor agreement or Specialist, Administrative personnel rules and Assistant, Public Safety received by the city. Director, Public Works Director, Finance Director, Community Development Director, and certain employees on an as needed basis as part of a specific work assignment. Infectious Files on each employee Public M.S. 13.43 City Manager, Employee Disease & dealing with safety & Private Resources Director, Occupational training on diseases such Employee Resources Exposure Files as hepatitis and AIDS. Specialist, Administrative (not in personnel file) Assistant, Public Safety Director, Public Safety Office Coordinator, Public Works Director, Finance Director, Community Development Director, and certain Approved: January 23, 2023 13 49 Jufn!6/ employees on an as needed basis as part of a specific work assignment. Long Term Claims filed by employee Private M.S. 13.43 City Manager, Finance Disabilityfor a long-term disability Director, Assistant Finance insurance program Director, Insurance and Payroll Coordinator, Employee Resources Director, Employee Resources Specialist, Administrative Assistant OSHA Reports Incident Reports and Public M.S. 13.43 City Manager, Employee Annual Summary or any PrivateResources Director, information concerning Employee Resources employee exposure to Specialist, Administrative toxic substances or Assistant, Assistant to the harmful physical agents.City Manager Personnel Data Applications, references, Public M.S. 13.43; City Manager, Employee and File performance evaluations, Private M.S. 179A.03 Resources Director, job performance appeals, subd. 4 Employee Resources job descriptions, Specialist, Administrative reprimands, resignation Assistant, Public Safety letters, exit interviews, etc. Director, Public Works on employees, volunteers, Director, Finance Director, independent contractors; Community Development labor relations Director, and certain information employees on an as needed basis as part of a specific work assignment. Recruitment Files Records relating to Public M.S. 13.43 City Manager, Employee posting, recruitment, Private Resources Director, selection and Employee Resources appointment to each city Specialist, Administrative position. Assistant, Insurance and Payroll Coordinator, Public Safety Director, Public Works Director, Finance Director, Community Development Director, and certain employees on an as needed basis as part of a specific work assignment. Retirement DataPERA forms, applications, Private M.S. 13.63 City Manager, Employee beneficiaries, addresses, Resources Director, DOB, direct dep., tax Employee Resources withholding Specialist, Administrative Assistant, Insurance and Payroll Coordinator Approved: January 23, 2023 14 4: Jufn!6/ Salary surveysSurveys from consulting Non-publicM.S. 13.435City Manager,Employee firms, non-profits, Resources Director, associations or other Employee Resources employers Specialist, Finance Director Short Term Claims filed by employee PrivateM.S. 13.43City Manager, Finance Disability for a short-term disability Director, Assistant Finance Insurance Director, Insurance and Payroll Coordinator, Employee Resources Director, Employee Resources Specialist, Administrative Assistant Social Security Social Security numbers PrivateM.S. 13.355City Manager,Employee Numbers assigned to individuals Resources Director, Employee Resources Specialist, Administrative Assistant, Assistant to the City Manager, Finance Director, Insurance and Payroll Coordinator Undercover law Application or Private M.S. 13.43 City Manager, Public Safety enforcement assignment subd. 5 Director, Public Safety Office assignment Coordinator, Employee Resources Director Unemployment Claim and compensation Public M.S. 13.43 City Manager, Employee Claims or information for Private Resources Director, Compensation unemployment Employee Resources Specialist, Insurance and Payroll Coordinator, Administrative Assistant Wage Letters, correspondence Public M.S. 13.43 City Manager, Employee Assignments Private Resources Director, Employee Resources Specialist, Insurance and Payroll Coordinator, Administrative Assistant, Public Safety Director, Public Works Director, Finance Director, Community Development Director, and certain employees on an as needed basis as part of a specific work assignment. Workers Claims for injuries, injury Private M.S. 13.43; City Manager, City Manager, Compensation reports and M.S. 176.231 Assistant to the City Claims correspondence. Manager, Finance Director, Assistant Finance Director, Insurance and Payroll Coordinator, Employee Approved: January 23, 2023 15 51 Jufn!6/ Resources Director, Employee Resources Specialist, Administrative Assistant Finance Department Not Public Data Inventory Name of RecordDescription Data Citation for Employee Work Access ClassificationClassification Special Information for Private M.S. 13.51 City Manager, Finance Assessment verifications of income, Non-Public subd. 2; Director, City Assessor, Deferment ownership, etc. M.S. 13.52 Accounting Specialist Application Discovery Written or electronic Private M.S. 13.01 City Manager, Finance Responses from responses to Non-Public Subd.8a Director, City Assessor Tax Court interrogatories Petitioners Bond and Interest Information pertaining to Private M.S. 475.55City Manager, Finance Coupon Register bond Non-Public Director, Assistant Finance Director, Senior Accountant Audit Reports –Reports based on private Non-PublicM.S. 13.37 City Manager, Finance External companies for the review Director, Assistant Finance of tax payments Director, Senior Accountant, Accounting Specialist Audit Reports –Reports based on the Non-PublicM.S. 13.37 City Manager, Finance Internal agencies’ internal Director, Assistant Finance operations Director, Senior Accountant, Accounting Specialist Automatic Completed form and Public M.S. 13.37 City Manager, Finance Payment Plan supporting document Private Director, Assistant Finance Authorization allowing for automatic Director, Accounting Form payment Specialist, Utility Billing Clerk Checks (Accounts Checks received from Public M.S. 13.37 City Manager, Finance Receivable) customers submitted Private Director, Assistant Finance electronically to financial Director, Insurance and institutionPayroll Coordinator Credit Card Merchant copy of credit Public M.S. 13.37 City Manager, Finance Receipts card receipts Private Director, Assistant Finance Director, Senior Accountant, Customer Service Representative, Utility Billing Clerk GrantsMiscellaneous grant Public unless M.S. 13.35; City Manager, Finance programs and otherwise M.S. 13.599 Director, Assistant Finance stipulations specified Director, Senior Accountant Approved: January 23, 2023 16 52 Jufn!6/ Unclaimed Includes checks not PublicM.S. 13.37City Manager,Finance Property Records cashed Private Director, Assistant Finance (Sent to State) Director, Senior Accountant Claims Claims that are filed by or Public M.S. 13.43 City Manager, Finance against the city.PrivateDirector, Assistant Finance Director, Insurance and Payroll Coordinator Payroll Forms Change Form, Public M.S. 13.43 City Manager, Finance Garnishments, Pension Private Director, Assistant Finance and Retirement Reports, Director, Insurance and PERA Reports, Time Payroll Coordinator, Director, Sheets, Vacation & Leave Employee Resources, Requests, W-2, W-3, W-4, Employee Resources 1099. Specialist, Administrative Assistant Payroll Reports Payroll history, payroll Public M.S. 13.43 City Manager, Finance journal, payroll ledger, Private Director, Assistant Finance state withholding, federal Director, Insurance and withholding and FICA Payroll Coordinator, Reports Employee Resources Director, Employee Resources Specialist, Administrative Assistant Unemployment Claim and compensation Public M.S. 13.43 City Manager, Finance Claims or information for Private Director, Assistant Finance Compensation unemployment Director, Insurance and Payroll Coordinator, Employee Resources Director, Employee Resources Specialist, Administrative Assistant Wage Letters, correspondence Public M.S. 13.43 City Manager, Finance Assignments Private Director, Assistant Finance Director, Insurance and Payroll Coordinator, Employee Resources Director, Employee Resources Specialist, Administrative Assistant Approved: January 23, 2023 17 53 Jufn!6/ Parks and Recreation Department Not Public Data Inventory Name of RecordDescriptionData Citation for Employee Work Access ClassificationClassification Commissioner Applications, name, Public M.S. 13.601City Manager, Files address, history, veteran Non-Public Parks and Recreation status, telephone Director, Recreation Division number, employment Manager, Springbrook history, volunteer work, Nature Center Manager, awards, honors, Customer Service complaints, charges Representatives, Assistant to the City Manager Exhibitor DataRegistration forms, PrivateM.S. 13.55 City Manager,Parks and contact information, subd. 3 Recreation Director, business data Recreation Division Manager, Springbrook Nature Center Manager, Customer Service Representatives, Public Works Director, Public Works Parks and Facility Managers, and certain employees on an as needed basis as part of a specific work assignment. Facility Usage Application, event Non-PublicM.S. 13.55 City Manager, Parks and details, terms of rentals, subd. 1 Recreation Director, responses Recreation Division Manager, Springbrook Nature Center Manager, Customer Service Representatives, Administrative Assistant, Program Coordinators, Public Works Director, Public Works Parks and Facility Managers, and certain employees on an as needed basis as part of a specific work assignment. Fee Waiver SheetsInformation about low-Private M.S. 13.462City Manager, Parks and income participants Recreation Director, Recreation Division Manager, Recreation Coordinator, Springbrook Nature Center Manager, Administrative Assistant, Approved: January 23, 2023 18 54 Jufn!6/ Customer Service Representatives GrantsApplicationsNon-Public M.S. 13.599City Manager, Parks and until Recreation Director, published Recreation Division Manager, Recreation Coordinator, City Clerk, Deputy City Clerk, Springbrook Nature Center Manager, Customer Service Representatives, Public Works Director, City Engineer, Assistant City Engineer, Engineering Technician, Public Works Managers, Public Works Administrative Assistant, Environmental Planner Mailing ListsA list of program Private M.S. 13.548City Manager, Parks and participants Recreation Director, Recreation Division Manager, Recreation Coordinator, Springbrook Nature Center Manager, Customer Service Representatives, Administrative Assistant Private Donor Gift Solicitation letters, Private and M.S. 13.792City Manager, Parks and Data proposals, pledge cards Non-Public Recreation Director, Recreation Division Manager, Springbrook Nature Center Manager, Customer Service Representatives, Administrative Assistant Registration FormsRegistration forms PublicM.S. 13.57City Manager,Parks and and Registration completed by Private Recreation Director, Program Account participants or on behalf Recreation Division Information of participant Manager, Recreation Coordinator, Springbrook Nature Center Manager, Customer Service Representatives, Administrative Assistant ScholarshipsNames, applications, Private M.S. 13.548City Manager, Parks and amounts, income Recreation Director, Recreation Division Manager, Springbrook Nature Center Manager, Approved: January 23, 2023 19 55 Jufn!6/ Customer Service Representatives, Administrative Assistant Lodging Tax Data List of taxpayer Non-PublicM.S. 13.495City Manager, Parks and identification data, Recreation Director, collected Communications Manager, Finance Director, Assistant Finance Director,Accountant Mailing ListsA list of participants Private M.S. 13.548City Manager, Parks and Recreation Director, Communications Manager, and certain employees on an as needed basis as part of a specific work assignment. Public Safety Department Not Public Data Inventory Name of RecordDescription Data Citation for Employee Work Access Classification Classification Arson Reports Information pertaining PublicM.S. 13.82 Director Public Safety, and to arson Confidential subd. 7; Deputy Director of Public Investigations M.S. 13.83 Safety, Deputy Director/Fire Chief, Fire Marshall, Office Coordinator, and certain employees on an as needed basis as part of a specific work assignment. Fire Relief Financial records PublicM.S. 13.43 Public Safety Director, Association Private Deputy Director of Public Safety, Deputy Director/Fire Chief, Fire Inspector, Director of Finance, Assistant Director of Finance Voluntary Obtains permission to Confidential M.S. 13.32 Public Safety Director, Safety, Permission and seize evidence for until Deputy Director of Public Consent to determining origin of investigation is Safety, Deputy Director/Fire Search and Seize fire. closed. Chief, Fire Marshall, all full- time and part-time Fire Department staff 911 Recordings Audio recordings PublicM.S. 13.82 Public Safety Director, Private subd. 3a Deputy Director of Public Safety, Supervisors, Detectives, Police Technicians, and certain employees on an as needed Approved: January 23, 2023 20 56 Jufn!6/ basis as part of a specific work assignment. Arrest andAudio and video Public/PrivateM.S. 13.82 Public Safety Director, Charge recording determined Confidential subd. 10; M.S. Deputy Director of Public to have evidentiary 260B.171 Safety, Supervisors, value where suspects Detectives, responding have been arrested, officer(s), Police Technicians, issued citations and/or and certain employees on an a report has been as needed basis as part of a forwarded to the specific work assignment. prosecutor for a charging decision. Audio/Video/Determined to have Non-PublicM.S. 13.43Public Safety Director, Digital Training value for future Deputy Director of Public training sessions Safety, Supervisors, Detectives, responding officer(s), Police Technicians, and certain employees on an as needed basis as part of a specific work assignment. Background Local records check on Non-Public M.S. 13.43 Public Safety Director, Check individual (i.e., subd. 12; Deputy Director of Public employment, M.S. 626.87 Safety, Administrative adoptions). Sergeant, Supervisors, Employee Resources Director, Employee Resources Specialist, Administrative Assistant Body Worn Video and/or audioPublicM.S. 13.825Public Safety Director, Camera Footage captured on Police Non-Public Deputy Director of Public body worn cameras Safety, Supervisors, Detectives, responding officer, Police Technicians, and certain employees on an as needed basis as part of a specific work assignment. Case Includes individual’s Public/Private M.S. 13.82 Public Safety Director, Files/Offense name, date of birth, subd. 3a Deputy Director of Public Reports Adult time of occurrence, Safety, Supervisors, date and place of Detectives, responding action, description of officer(s), Police Technicians, what happened, and certain employees on an location, whether any as needed basis as part of a weapons were used, specific work assignment. ICR’s, statistical data, and other pertinent data. Approved: January 23, 2023 21 57 Jufn!6/ Case Includes individual’s Non-PublicM.S. 13.82;Public Safety Director, Files/Offense name, date of birth, Private M.S. 260.171 Deputy Director of Public Reports - Juvenile time of occurrence, Confidential Safety, Supervisors, and place of action, Detectives, responding description of what officer, Police Technicians, happened, location, and certain employees on an whether any weapons as needed basis as part of a were used, and other specific work assignment. pertinent data. Certification for State form PA-1Public/PrivateM.S. 13.43City Manager, Public Safety Peace Officer for Director, Deputy Director of State Aid Public Safety, Finance Application Director, Employee Resources Director, Insurance and Payroll Coordinator Dangerous/PotenInformation on Public/PrivateM.S. 13.82Public Safety Director, tially Dangerous potentially/dangerous Deputy Director of Public Dogs dogs Safety, City Clerk, Deputy City Clerk, Supervisors, Detectives, responding officer(s), Support Lieutenant, and certain employees on an as needed basis as part of a specific work assignment. Death Any case file or any PrivateM.S. 13.82 Public Safety Director, Investigation investigation involving Deputy Director of Public a death. Safety, Supervisors, Detectives, and certain employees on an as needed basis as part of a specific work assignment. Department Information collected Non-Public M.S. 13.43 Public Safety Director, Payroll and Leave by Police Division Deputy Director of Public Information before sending to Safety, Command Staff, payroll. Employee Resources Director, Employee Resources Specialist, Administrative Assistant Dictated andAudio recordings of Public/Private M.S. 1382; Public Safety Director, Audio Recorded the officer’s report M.S. 260B.171 Deputy Director of Public Reports transcribed into Safety, Detectives, Police written report. Technicians Digital Statements taken from Public/Private M.S. 13.82; Public Safety Director, Transcription victims, witnesses, M.S. 206B.171 Deputy Director of Public System suspects, et. al. Safety, Detectives, Police RecordingTechnicians Approved: January 23, 2023 22 58 Jufn!6/ E-Reports –Field copy of police Public/PrivateM.S. 13.82Public Safety Director, Officer Reports report Deputy Director of Public Safety, Supervisors, Detectives, responding officer(s), Police Technicians, and certain employees on an as needed basis as part of a specific work assignment. Emergency Plan Emergency Operations Public/Private M.S. 13.37 City Manager, Public Safety PlanDirector,Deputy Director of Public Safety, Supervisors, Public Works Director, City Engineer, Assistant City Engineer, Communications Manager, Public Works Managers, Public Works Lead, and certain employees on an as needed basis as part of a specific work assignment. Evidence/Property Property which has Public/Private M.S. 13.82 Public Safety Director, Logs and been found, Deputy Director of Public Inventory Reports confiscated, seized, Safety, Evidence Clerk etc. Expunged Case file, which may PrivateM.S. 609A.01Public Safety Director, Records include ticket, arrest Confidential Deputy Director of Public report, legal Safety, Administrative documents, photos, Sergeant, Police Technician etc. and Notice of Expungement. Fingerprint Cards Sworn officers and PrivateM.S. 13.43 Public Safety Director, police personnel; Deputy Director of Public janitors or persons Safety, Office Coordinator accessing secured areas without supervision. Firearm Includes application to PrivateM.S. 13.87 Public Safety Director, Application purchase a copy of the Deputy Director of Public Permits/Transfers firearm permit to carry.Safety, Police Technician Fridley Municipal Applications for Non-Public M.S. 13.43 Public Safety Director, Building Security security access to City Deputy Director of Public Card/Key facilities Safety, Administrative AuthorizationSergeant Fridley Police Financial records and Public/Private M.S. 13.43 Public Safety Director, Association membership fees Deputy Director of Public Records Safety, Association Treasure Homicides Audio and video PublicM.S. 13.82 Public Safety Director, recordings containing Confidential Deputy Director of Public Safety, Supervisors, Approved: January 23, 2023 23 59 Jufn!6/ information regarding Detectives, responding any homicides officer(s), Police Technicians, and certain employees on an as needed basis as part of a specific work assignment. Adult/Juvenile: includes Incident Reports PublicM.S. 13.82 Public Safety Director, date, time, place of Private subd. 3a; M.S. Deputy Director of Public action, any resistance 260B.171 Safety, Supervisors, encountered, any pursuit Detectives, responding engaged, whether any officer(s), Police Technicians, weapons were used, the and certain employees on an charge, arrest or search as needed basis as part of a warrants or legal basis specific work assignment. for action, the identities of agencies, units within agencies and individual persons taking the action; whether and where the individual is being held in custody or is being incarcerated by the agency, the date, time and legal basis for any transfer of custody and identification of agency or person who received custody the date, time and legal basis for any release from custody or incarceration, the name, age, sex and last known address of any adult person or the age and sex of any juvenile person cited arrested or incarcerated or otherwise substantially deprived of their liberty, whether the agency employed wiretaps or other eavesdropping techniques, the manner in which the agencies received the information that led to the arrest, and the response or report number. Internal Audio and video Public/Private M.S. 13.43 Public Safety Director, Investigations recording determined Deputy Director of Public to have evidentiary Safety, Investigations value in any internal Lieutenant investigations Approved: January 23, 2023 24 5: Jufn!6/ Internal Case files and reportsPublic/Private/M.S. 13.39;Public Safety Director, Investigation Confidential M.S. 13.43; Deputy Director of Public M.S. 13.82 Safety, Investigations Lieutenant Interviews –Determined to have PublicM.S. 13.82Public Safety Director, Audio and Video evidentiary value. (All Confidential Deputy Director of Public Recordings audio tapes will be Safety, Supervisors, transcribed and a copy Detectives, responding of the transcription will officer(s), Police Technicians, be kept with the case and certain employees on an file. as needed basis as part of a specific work assignment. Intoxilyzer Test Original record Public/PrivateM.S. 13.82 Public Safety Director, Results maintained by the Confidential subd. 5 Deputy Director of Public BCA. Department Safety, Supervisors, copy retained in Detectives, Police accordance with the Technicians, and certain item they related to employees on an as needed (i.e., case file or arrest basis as part of a specific report).work assignment. Holding Cell Public/Private M.S. 13.82 Public Safety Director, Inspection Deputy Director of Public Record Safety, Supervisors, Detectives, Police Technicians, Patrol Lieutenant Lost and Found Log of animals that are Public/Private M.S. 13.82 Public Safety Director, Animal Loglost and found subd. 3 Deputy Director of Public Safety, Supervisors, Detectives, Police Technicians, Community Service Officer, and certain employees on an as needed basis as part of a specific work assignment. Master Name File Adult Public/Private M.S. 13.82 Public Safety Director, Confidential Deputy Director of Public Safety, Police Technician, Administrative Sergeant Master Name File Juvenile PrivateM.S. 260B.171Public Safety Director, Deputy Director of Public Safety, Police Technician, Administrative Sergeant Officer Candidate Interviewed, no Non-Public M.S. 13.43 Public Safety Director, Application background Deputy Director of Public investigation Safety, Employee Resources Director, Employee Resources Specialist, Administrative Assistant, Approved: January 23, 2023 25 61 Jufn!6/ Background Investigator, Office Coordinator Officer Investigation,notNon-PublicM.S. 13.43Public Safety Director, Candidates hired Deputy Director of Public Background Safety, Employee Resources Director, Employee Resources Specialist, Employee Resources Background Investigator, Office Coordinator Officer Investigation, hired PublicM.S. 13.43 Public Safety Director, Candidates Non-Public Deputy Director of Public Background Safety, Employee Resources Director, Employee Resources Specialist, Employee Resources Background Investigator, Office Coordinator Pawn Shop PrivateM.S. 13.82 Public Safety Director, Records subd. 27 Deputy Director of Public Safety, Detectives, Police Technicians Photographs/Ne Public/Private M.S. 13.82 Public Safety Director, gatives or Digital Deputy Director of Public Discs Safety, Police Technicians, Administrative Sergeant Police Clearance Criminal history or Public/Private M.S. 13.87 Public Safety Director, Letters individual within Deputy Director of Public jurisdiction. Safety, Administrative Sergeant, Police Technicians Prisoner Property Public/Private M.S. 13.85 Public Safety Director, Receipts Deputy Director of Public Safety, Patrol Lieutenant Roll Call Briefing information Public/Private M.S. 13.82 Public Safety Director, Information for department Deputy Director of Public Safety, Supervisors, Detectives, Police Technicians, and certain employees on an as needed basis as part of a specific work assignment. Security Door Electronic report Non-Public M.S. 13.43 Public Safety Director, Transaction identifying Deputy Director of Public transactions Safety, Administrative Sergeant, Office Coordinator, and certain employees on an as needed basis as part of a specific work assignment. Approved: January 23, 2023 26 62 Jufn!6/ Taped Interviews Audio/video/digital Public/PrivateM.S. 13.82;Public Safety Director, (no suspects) recordings determined M.S. 206B.171 Deputy Director of Public to have evidentiary Safety, Supervisors, value where no Detectives, and certain suspects have been employees on an as needed developed, and/or no basis as part of a specific individuals have been work assignment. formally charged. Training Records Examples include first Public/Private M.S. 13.43 Public Safety Director, aid, firearm training, Deputy Director of Public advanced driving, Safety, designated crime scene supervisor, Employee processing, report Resources Director, writing, etc. Employee Resources Specialist, Administrative Assistant, Office Coordinator Training Staff Summary report of Public/PrivateM.S. 13.43Public Safety Director, Files training history and Deputy Director of Public personnel information Safety, designated supervisor, Employee Resources Director, Employee Resources Specialist, Administrative Assistant, Office Coordinator Use of ForceAudio, video and Public/Private M.S. 13.39; Public Safety Director, digital recordings Confidential M.S. 13.43; Deputy Director of Public containing information M.S. 13.82 Safety, Supervisors, of any incident where responding officer(s) force was used and supervisory review is completed according to department policy. Validation/ErrorPrivateM.S. 13.82Public Safety Director, Integrity Reports Deputy Director of Public Safety, Police Technicians, Administrative Sergeant Validation Report Regarding stolen Private, M.S. 13.82 Public Safety Director, property Non-Public subd. 20 Deputy Director of Public Safety, Administrative Sergeant, Police Technicians, and certain employees on an as needed basis as part of a specific work assignment. Videotape of PrivateM.S. 13.43 Public Safety Director, Deputy Holding Cell Director of Public Safety, Supervisors, Detectives, Police Technicians Approved: January 23, 2023 27 63 Jufn!6/ Public Works Department Not Public Data Inventory Name of RecordDescription Data Citation for Employee Work Access Classification Classification Bids, Quotations RFP and bid PublicM.S. 13.37 City Manager, Community and RFP’s documentation Non-Public subd. 2; Development Director, HRA M.S. 13.59 Director, HRA Assistant Executive Director, Planning Manager, Environmental Planner, Neighborhood Preservation Specialist, Rental Inspector, Public Works Director, City Engineer, Assistant City Engineer, Public Works Managers, Environmental Planner, Administrative Assistant, Finance Director, Public Safety Director, Deputy Director of Public Safety, Deputy Director/Fire Chief, Fire Marshall, Administrative Assistant Environmental Reports about PublicM.S. 13.44 City Manager, Public Works Complaintsenvironmental Private Director, City Engineer, complaints, including Assistant City Engineer, disposition Administrative Assistant, Public Works Managers, and certain employees on an as needed basis as part of a specific work assignment. Environmental Complaints PrivateM.S. 13.39; City Manager, Public Works Protection Non-Public M.S. 13.44 Director, City Engineer, Agency or Assistant City Engineer, Minnesota Health Public Works Managers, Department Administrative Assistant, Reports and certain employees on an as needed basis as part of a specific work assignment. Mailing and Email List of affected parties, PrivateM.S. 13.548City Manager, Public Works Lists project notification Director, City Engineer, lists including email Assistant City Engineer, subscriber information. Administrative Assistant, Environmental Planner Approved: January 23, 2023 28 64 Jufn!6/ Notice of Utility Notice of private and PrivateM.S. 216B.0976City Manager, Public Works Disconnection public utility gas or Non-Public Director, Public Works electric Utility Manager, disconnections. Administrative Assistant Permit and Permit and license PublicM.S. 13.37City Manager, Public Works License applications and Private Director, City Engineer, Applications summary data – Assistant City Engineer, includes Engineering Technicians, telecommunications, Public Works Managers, right-of-way, utility, Public Works Lead, Public site applications and Works Utilities Staff, business license Administrative Assistant, applications. and certain employees on an as needed basis as part of a specific work assignment. Public and Utility Building plans, Non-PublicM.S. 13.37 City Manager, Public Works Facilities computer coding subd. 1b Director, Public Works systems used to Managers, Public Works provide security and Facilities Coordinator, operation of public Public Safety Director, utility services and Public Safety Deputy building security Director, IT Manager, and systems. certain employees on an as needed basis as part of a specific work assignment. Public Utility Streets, storm sewer, Non-Public M.S. 13.37 City Manager, Public Works Infrastructure public utility designs, Director, City Engineer, drawings, schematics Assistant City Engineer, Engineer, Engineering Technician, Public Works Managers, Public Works Lead, Public Works Service Workers, Public Works Facilities Coordinator, Public Works Fleet Coordinator, Administrative Assistant, Public Safety Director, Deputy Director of Public Safety, and certain employees on an as needed basis as part of a specific work assignment. Site Plans Engineering plans, PublicM.S. 13.37 City Manager, Public Works design specifications, Private subd. 1b Director, City Engineer, structural and utility Non-Public Assistant City Engineer, plans Public Works Utilities Staff, City Forester, Administrative Assistant, Environmental Approved: January 23, 2023 29 65 Jufn!6/ Planner, Community Development Director, Planning Manager, Building Inspector, Permit Coordinator. Approved: January 23, 2023 30 66 Jufn!6/ RELEASE OF INFORMATIONCONSENT About This Form The City does not have the legal authority to release any not public government data on individuals to another entity/person. If you wish the City to release any not public government data to another entity/person you must grant your written informed consent. Verifications I, ___________________________________ (Name), give my permission for the City of Fridley to release data about me to ________________________________________ (Name of other entity/person) as described in this consent. 1.The specific data I want the City of Fridley to release includes (explanation of data): _________________________________________________________________________________________________ _________________________________________________________________________________________________ 2.I understand that I have asked the City of Fridley to release the data. 3.I understand that although the data are classified as private at the City of Fridley the classification/treatment of the data at _____________________________________ (Name of other entity/person) may not be the same and is dependent on laws or policies that may apply to _____________________________________ (Name of other entity/person). 4.I understand that I may cancel this consent at any time prior to the information being released by notifying the member of staff listed above on this content form in writing. 5.I understand this consent form automatically expires 60 days after signing. _____________________________________ _____________________________________ Signature of data subject Date _____________________________________ _____________________________________ Parent/Guardian signature (if needed) Date Submit this form to:City Clerk’s Office, 7071 University Avenue N.E., Fridley, MN 55432 CityClerk@FridleyMN.gov. Approved: January 23, 202331 67 Jufn!6/ BODY WORN CAMERA RELEASE About This Form Pursuant to M.S. § 13.825 Body Worn Camera (BWC) video is not public without redaction unless the City of Fridley (City) has received a Release of Information for every image or voice recorded on the video. Verifications I, ___________________________________ (Name), whose date of birth is ____/____/______ give consent and permission to the City to release BWC footage containing my image and/or voice. I am the parent/guardian of a minor child whose image and/or voice was recorded on a BWC. I give my permission for the City to release BWC video containing images or voice records of my minor child(ren).List full names and dates of birth of each minor child: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ I affirm the information provided is true and correct under penalty of law. This authorization shall be valid for a period of one year, but may be revoked at any time, prior to expiration, by providing written notice to the City.Signature must be notarized or witnessed by a City of Fridley Police Division staff member. ______________________________ ______/______/_________ Signature Date of Authorization Notary Public Verification State of _____________ )This instrument was acknowledged before me this ______ day of )SS________________________, _____________. County of ____________ ) _______________________________________ Notary Public City of Fridley Police Division Staff Member Verification ______________________________ ______/______/__________ City Staff Witness Date Received Submit this form to: City of Fridley Police Division, 7071 University Avenue N.E., Fridley, MN 55432 PoliceRecords@FridleyMN.gov. Approved: January 23, 202332 68 Jufn!6/ BODY WORN CAMERA REQUEST About This Form This form is to be used by any member of the public to request Body Worn Camera (BWC) footage from the City of Fridley (City) Police Division. After receiving a request for BWC footage, a staff member will review the footage. Staff will then contact you to advise you on the classification of data found in the footage, if redaction if needed, and the possibility of fees associated with your request.Paymentof feesmust be made in full prior to the release of any BWCfootage. Verifications Requestor’s Name: ___________________________Phone: ________________________________________ Date of Incident: _____________________________ Time of Incident: ______________________________ Location of Incident: _________________________ Incident Report Number: _____________________ I would like the video emailed to: _________________________________________________________________ I would like the video saved to a disc and mailed to: _________________________________________ _________________________________________ For Internal Use ______________________________ ___/___/_____ Received By Date Received Submit this form to: City of Fridley Police Division, 7071 University Avenue N.E., Fridley, MN 55432 PoliceRecords@FridleyMN.gov. Approved: January 23, 202333 69 Jufn!6/ DATA PRACTICES REQUEST FORM About This Form The MGDPA provides that the City must maintain all Government Data in a manner that makes it easy for public inspection and access.To inspect data or request copies of data that the City maintains, a written request must be submitted in a form as required by the City. Request Details Contact Information Name: ___________________________________________________________Date: ______________________________________ Street Address: __________________________________________________City, State, Zip: ____________________________ Email: ____________________________________________________________Phone: ____________________________________ Requesting parties are not required to provide the above contact information. Requests cannot be accommodated if there is no contact information provided. Staff will begin gathering data upon submission of this form. Pursuant to M.S. § 13.04 if the requestor is the subject of the data, the City must respond within 10 business days of the request, excluding Saturdays, Sundays and City holidays. If the requestor is not the subject of the data, the City must respond in an appropriate and prompt manner, which is within a reasonable amount of time depending on the nature and extent of the request. The City will communicate with the requestor regarding the nature of the request and what an appropriate response time may be. I am requesting access to data in the following way: Inspection CopiesBoth inspection and copies Summary Data Data Requested: Police Incident Report (ICR)Other City Data Describe the data you are requesting as specifically as possible (attach additional sheets if necessary): Submittal Information: If you are requesting copies of Police Incident Reports If you are requesting any other City data submit this form (ICRs) submit this form to:to: City of Fridley Police DivisionCity of Fridley City Clerk Division 7071 University Avenue N.E., Fridley, MN 554327071 University Avenue N.E., Fridley, MN 55432 PoliceRecords@FridleyMN.govCityClerk@FridleyMN.gov Approved: January 23, 202334 6: Jufn!7/ AGENDA REPORT Meeting Date:January 23, 2023 Meeting Type:City Council Submitted By:Korrie Johnson, Assistant Finance Director Title Resolution No. 2023-12, Approving Gifts, Donations and Sponsorships Received BetweenDecember 12, 2022 and January 17, 2023 Background Each month, the City of Fridley (City) receives various donations and gifts to support City operations, programsand projects. Pursuant to Minnesota Statute § 465.03, the City may accept these donations and gifts for the benefit of residents. For specific donations or gifts, the donor may prescribe certain requirements, such as for a specific activity or department. Consistent with the abovementioned statute, staff prepared Schedule No. 1 (Exhibit A), which outlines the various donations, gifts and/or sponsorships received by the City betweenDecember 12, 2022 and January 17, 2023.To accept the same, the Council must adopt the attached resolution by a twothird majority vote. Lastly, for each donation, gift or sponsorship, staff ensure it meets an identified need, does not create a quidproquo or longterm maintenance obligation, and the donor received an acknowledgment of their gift through a letter or publication. Financial Impact Recommendation Staff recommend the approval of Resolution No. 2023-12. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2023-12 Exhibit A: Schedule No. 1 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 71 Jufn!7/ Resolution No. 2023-12 Approving Gifts, Donations and Sponsorships for the City of Fridley Whereas, throughout the year the City of Fridley (City) receives various gifts and donations; and Whereas, the City is sincerely grateful for the support it receives from an array of organizations and individuals; and Whereas, without this support, the continuation of different events or programs would be difficult to sustain; and Whereas, the attached schedule (Exhibit A) lists all of the donations and gifts received by various City departments between December 12, 2022 and January 17 2023; and Whereas, all of the items listed on the attached schedule (Exhibit A) are required to be accepted by the City Council by a two-thirds majority vote; and Whereas, all items have been determined to be donated free of any quid-pro-quo expectation by the donor. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves and accepts the various donations, gifts and sponsorships made between December 12, 2022 and January 17, 2023. Passed and adopted by the City Council of the City of Fridley this 23rd day of January 23, 2023. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 72 73 Jufn!7/ 270270101270270101101 Fund Schedule No. 1 $127.00 $7,500.00$1,500.00 $1,500.00$1,000.00 $67,751.20$20,000.00 Value $99,378.20 Amount/ Donor Name, if not anonymous Springbrook FoundationSpringbrook FoundationCoss Family Foundation (St. Paul & MN Foundation)Spring Lake Park LionsVariousMINCOFridley Lions Club Year to Date Total Program Xcel grantGreen RoofDonation for Police K9 ExpensesDonation for Winterfest - KicksledsDonation Box ContentsDonation for "Nite to Unite" suppliesDonation for Winterfest - Kicksleds Department or Division SNCSNCPublic Safety - PoliceSNCSNCPublic Safety - PoliceParks & Recreation - Rec Div Date 1/3/2023 Received 1/17/2023 12/19/202212/22/202212/28/202212/30/202212/31/2022 Gifts, Donations, and Sponsorships - City of Fridley Jufn!8/ AGENDA REPORT Meeting Date:January23, 2023 Meeting Type:City Council Submitted By:Scott Hickok, Community Development Director Title Resolution No. 2023-13,Approving aService Contract With Steven Tallen, Tallen Baertschi Law, for Prosecution Services for the Code Enforcement and Rental Inspection Divisions Background When the Cityof Fridley (City)hiredthe lawfirm of Kennedy and Graven, the understanding was that Kennedy and Graven would handle among other municipal things,the land use, zoning, and legal assistance that Community Development would need to complete their work. One thing that was not understood was the fact that prosecution of Code Enforcement and Rental Inspections would not be handled through theKennedyandGravenfirm. As the City Council is aware, for most prosecutions, the City uses a shared legal team of Attorneys from the City of Coon Rapids. That team,however, does not handle Code Enforcement or Rental Inspection Prosecution cases. An oversight on the part and assumption thatwe hand those cases criminally, rather than civilly. Working with Kennedy and Graven to fill this prosecution void, Andrew Biggerstaff, in February 2020, suggested that there was an attorney that they would recommend for those casesas they would arise. That attorney was Steven Tallen. With a relatively low expectation of case numbers annually, this arrangement was settled upon and has worked extremely well. There have been, as expected a relatively smallnumber of cases (12 total) that services. Changes to original agreement terms: Fees: Attorneys$170.00$185.13 per hour Legal Assistants$100.00$108.90 per hour until December 31, 2023,at which time the rate will be subject to a cost-of-livingadjustmentat the beginning of each year. Expenses will be billed without any mark up.Copies will be billed at $.20per copy.The City will be billed monthly. Staff recommends approval of a two-yearterm with an opportunity to extend in two-yearincrements, upon successful performance reviews of firm,before the end of each two-year term. Vision Statement We believe Fridley will be a safe, vibrant, friendly,and stable home for families and businesses. 74 Jufn!8/ Financial Impact The financial impact of this adjustment is anticipated to be nominal based on case history and will be absorbed in the legal services budget. Recommendation Staff recommend the approval of Resolution No. 2023-13. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Resolution No. 2023-13 !Acceptance of 2020 Service Agreement from Wally Wysopal, City Manager !Previous Prosecution Services Agreement February 28, 2020 !Updated Prosecution Services Proposal !Resume of Steven M. Tallen Vision Statement We believe Fridley will be a safe, vibrant, friendly, and stable home for families and businesses. 75 Jufn!8/ Resolution No. 2023 - 13 Approving a Service Agreement With The Tallen Baertschi Law Firm For Prosecution Services For Code Enforcement and Rental Housing Division Prosecution Matters Whereas, Steven M. Tallen, Tallen Baertschi Attorneys at Law (Firm) has provided Code Enforcement and Rental Inspection Division prosecution services for the City of Fridley (City) since March 4, 2020; and Whereas, the City requires a firm specializing in prosecution of Code Enforcement and Rental Housing Division case work; and Whereas, the firm of Tallen Baertschi has been successful in bringing about successful resolution in the Code Enforcement and Rental Housing Division Prosecutions since service began in March 2020; and Whereas, the original agreement was was intended for periodic review; and Whereas, review of cases managed by the firm on behalf of the City have been exemplary in drawing to successful close matters of Code Enforcement and Rental Inspection violations that rise to court review; and Whereas, moving into a new calendar year it is important to review contracts and agreements, review terms and conditions and modify as necessary; and Whereas, both parties have seen fit to adjust the rate of payment for service to align with cost- of-living rates; and Whereas, the City and the Firm have agreed upon the following rate structure: Attorneys $185.13 per hour Legal Assistants $108.90 per hour until 12/31/23, at which time the rate will be subject to a cost-of-living adjustment at the beginning of each year. Expenses will be billed without any mark up. Copies will be billed at $.20 per copy; and Whereas, the City will be billed by the Firm monthly; and 76 Jufn!8/ Whereas, approval of this resolution also recognizes an initial two-year term, with an opportunity to extend in two-year increments, upon successful performance reviews of the Firm, before the end of each two-year term. Now, therefore be it resolved, that the Mayor and the City Clerk, are hereby authorized to execute all documents necessary to enter into a service agreement with the Firm of Tallen Baertschi Attorneys at Law with terms as identified herein. Passed and adopted by the City Council of the City of Fridley this 23rd day of January 2023. _________________________________________ Scott J. Lund - Mayor Attest: ___________________________________ Melissa Moore City Clerk 77 Jufn!8/ 78 Jufn!8/ 79 Jufn!8/ 7: Jufn!8/ 81 Jufn!8/ 82 Jufn!8/ 83 Jufn!9/ AGENDA REPORT Meeting Date:January 23, 2023 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Resolution No. 2023-14,Approving Claims for the Period Ending January18, 2023 Background Attached is Resolution No. 2023-14and the Claims Report for the period ending January 18, 2023. Financial Impact Included in the budget. Recommendation Staff recommend the approval of Resolution No. 2023-14. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2023-14 City Council Claims Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 84 Jufn!9/ Resolution No. 2023-14 Approving Claims for the Period Ending January 18, 2023 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 January 18, 2023, 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 as presented. rd Passed and adopted by the City Council of the City of Fridley this 23 day of January, 2023. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 85 86 Jufn!9/ 87 Jufn!9/ 88 Jufn!9/ 89 Jufn!9/ 8: Jufn!9/ 91 Jufn!9/ 92 Jufn!9/ 93 Jufn!9/ 94 Jufn!9/ 95 Jufn!9/ 96 Jufn!9/ 97 Jufn!9/ 98 Jufn!9/ 99 Jufn!9/ 9: Jufn!9/ :1 Jufn!9/ :2 Jufn!9/ :3 Jufn!9/ :4 Jufn!9/ :5 Jufn!9/ :6 Jufn!9/ :7 Jufn!9/ :8 Jufn!9/ :9 Jufn!9/ :: Jufn!9/ Jufn!:/ AGENDA REPORT Meeting Date:January23,2023 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Brandon Brodhag, Assistant City Engineer Title rd Resolution No. 2023-09, Receiving Feasibility Report and Calling for Public Hearing on the 53Avenue Roundabout SafetyProject ST2023-22 Background On July 25, 2022, the Fridley City Council (Council) approved Resolution No. 2022-87directing rd preparation of a feasibility report for the 53Avenue Roundabout SafetyProject No. ST2023-22. The rd project is proposed is proposed for 53Avenue from Central Avenue (Trunk Highway 65) to 1,200 feet west and is a Joint Powers Agreement project between the City of Fridley (City) and the City of Columbia rd Heights.This project provides a safety barrier median along 53Avenue to eliminate left turning conflicts and will provide access to and from adjacent businesses through a turnabout. The City and Columbia Heights were successful in applyingfor funding under the Minnesota Department MnDOT)Highway Safety Improvement Program (HSIP), which will fund up to 90% of estimated constructionto a maximum of $730,800, and the cities would share equally in the matching funding for construction along with any cost overages and design/administration/property acquisition. The project is planned to be constructed in 2023. On January 17, 2023, the Cityand Columbia Heights hosted an open house for the project for the adjacent commercial businesses. A presentation highlighted the project overview, construction impacts, anticipated schedule, and draft budget for the proposed project. Notifications were mailed out to the property owners informing them of the open house, a brief description of the project, a link to the project website and contact information. The open house had a virtual option for property owners that were unable to make the meeting in person. After the open house, staff resumed final preparation of the feasibility report. The attached feasibility report includes consideration for public comment and concern received through the surveys, emails, and telephone conversations to date. Please refer to the completed feasibility report, which concludes: 1. The project is necessary as included in the Cityproposed Long-Term Street Maintenance Program, and 2023-27Capital Investment Program. 2. The project is cost-effective and will resultin reduced maintenance requirements within the project area and a long-term savings to the City. Vision Statement We believe Fridley will be a safe, vibrant, friendlyand stable home for families and businesses. 211 Jufn!:/ 3. The project is feasible and is funded in the proposed FY2023 budget. Financial Impact Funding for this project is derived from several sources including HSIP grant funding, Municipal State Aid Street funding, special assessments, and Utility CIP funds (water, sanitary sewer, and storm sewer). Recommendation Staff recommends the approval of Resolution No. 2023-09. 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. 2023-09 !Feasibility Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 212 Jufn!:/ Resolution No. 2023-09 Receiving Feasibility Report and Calling for Public Hearing on the 53rd Avenue Roundabout Safety Project No. ST2023-22 Whereas, on July 25, 2022 the Fridley City Council approved Resolution No. 2022-87 directing the rd Public Works Department to prepare a 53 Avenue Roundabout Safety Project Feasibility Project Report (Report) for ST2023-22; and rd Whereas, ST2023-22 proposes improvements on 53 Avenue from Central Avenue (Trunk Highway 65) to 1,200 feet west in the City of Fridley (City); and Whereas, the City obtained $730,800 in Highway Safety Improvement Program funding for the project; and Whereas, the City has been working in collaboration with the City of Columbia Heights in developing the desired improvements that will benefit both communities under a Joint Powers Agreement; and Whereas, the Report concludes that the proposed project is necessary, cost-effective, and feasible. rd Now, therefore be it resolved, that the Fridley City Council receives the Report for the 53 Avenue Roundabout Safety Project No. ST2023-22. Be it further resolved, that the Fridley City Council will consider the improvement of such street improvements in accordance with the Report and the assessment of abutting property within the City for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $1,221,360. Be it further resolved, that a public hearing shall be held on such proposed improvements on February 13, 2023, in the Council Chambers of the Fridley City Hall at 7:00 p.m. Public Works staff shall give mailed notice, and the City Clerk shall give published notice of such hearing and improvement as required by State law. rd Passed and adopted by the City Council of the City of Fridley this 23 day of January, 2023. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 213 Jufn!:/ FeasibilityReportfor rd 53AvenueRoundabout SafetyProjectNo.ST2023-22 January2023 214 Jufn!:/ CITY OF FRIDLEY, MINNESOTA PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION FEASIBILITY REPORT FOR RD 53AVENUE ROUNDABOUT SAFETYPROJECT NO. ST2023-22 January2023 I hereby certify that this plan, specifications, or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer with the laws of the State of Minnesota. ___________________________________Date: January 17, 2023 James P. Kosluchar, P.E. Registration No. 26460 1 215 Jufn!:/ TABLE OF CONTENTS DescriptionPage No. Introduction ............................................................................................................................................................ 3 Street Resurfacing Plan ..................................................................................................................................... 4 Background.............................................................................................................................................................. 5 Proposed Improvements................................................................................................................................... 5 Water Utility Improvements ........................................................................................................................... 6 Sanitary Sewer Improvements ....................................................................................................................... 6 Storm Sewer Improvements............................................................................................................................ 7 Private Utility Coordination ............................................................................................................................ 7 Signal Coordination ............................................................................................................................................. 7 Metro Transit Coordination............................................................................................................................. 7 Estimated Costs...................................................................................................................................................... 7 Funding Sources .................................................................................................................................................... 7 Construction ............................................................................................................................................................ 8 Summary ................................................................................................................................................................... 9 Appendices............................................................................................................................................................. 10 Figure A – Project Area Map ......................................................................................................................... 11 Figure B – Opinion of Probable Cost ........................................................................................................ 12 Figure C – Funding Sources Summary ...................................................................................................... 13 Figure D – Project Schedule ........................................................................................................................... 14 2 216 Jufn!:/ Introduction The City of Fridley has an ongoing obligation to maintain its streets in an efficient manner, to provide a high level of service while maintaining a minimum budget. To enable the City to identify improvements that will provide for an efficient level of service and life-cycle cost, staff inspects and rates its pavements on a regular basis. The City also has developed a pavement improvement plan based on resurfacing pavement and base treatment with intermittent sealcoating. The goal is to provide maintenance improvements at scheduled intervals. For example: ActivitySchedule Initial ConstructionYear 0 Sealcoating Year 8 Sealcoating Year 16 ResurfacingYear 24 Sealcoating Year 32 Sealcoating Year 40 ReconstructionYear 48 This is an ideal and aggressive sequence for street maintenance. Note that the final reconstruction may be substituted with resurfacing activities if roadway base is in good condition, with the intent to extend road life for an additional cycle of 24 years. Due to the variability with budgets, road configurations, traffic patterns, condition of utilities, source of funds, other projects, etc., the basic schedule above varies and fluctuates for each roadway segment. As part of identifying the best candidate for this year’s pavement resurfacing project, City of Fridley Engineering Division staff works with Street Maintenance Division staff to develop the list of candidate projects. The factors considered are physical characteristics, budgetary factors, and other considerations are listed to assist in selection of a best candidate. The Engineering Division monitors existing pavements through semi-annual inspections. From this inspection information, the Engineering Division prepares a Street Resurfacing Plan consistent with the Street Capital Improvement Plan, which designates candidate street segments for construction, reconstruction, and rehabilitation. The City of Fridley also performs preventative surface maintenance (e.g., sealcoating), routine crack sealing and pothole patching maintenance. The amount of street maintenance on this segment is increasing annually due to the rapid deterioration of the existing pavements. The Engineering Division has prepared a Street Resurfacing Plan consistent with the Long-Term Street Maintenance Program, which designates candidate street segments for construction, reconstruction, and rehabilitation. The Plan identifies the areas within the city and the anticipated year for maintenance projects. Please refer to the following map summarizing the Long-Term Street Maintenance Program. 3 217 Jufn!:/ Street Resurfacing Plan RD 53AVENUE ROUNDABOUT SAFETY PROJECT 4 218 Jufn!:/ Background rd The 53Avenue Roundabout Safety Project is under consideration for a street rehabilitation and rd roadway modification. The project is located on the on 53 Avenue between Central Avenue rd (Trunk highway 65) to 1,200 feet west. This section of 53Avenue is divided by the border of the cities of Fridley and Columbia Heights; the border being generally on the centerline of the existing roadway. To fulfill the project goals, the project has been developed under a Joint Powers Agreement (JPA) between the two cities. The area consists of commercial properties. See Figure A in the Appendix for a map of proposed project construction. Joint Powers Agreement between the Cities of Fridley and Columbia Heights Street Background The street was originally constructed in the 1960s. This street was last seal coated in 2007. Currently, the street provides 2-way traffic with shoulder striping. This segment is considered a major collector street and the annual average daily traffic is 11,500 vehicles per day. The record pavement thickness is 4 inches. The underlying aggregate base thickness is 5 inches of Class 5 base. The street width ranges from approximately 57 feet to 74 feet, with concrete curb and gutter. The existing right-of-way width ranges from 83 feet to 91 feet divided evenly between the two cities. Proposed Improvements Overview The project compliments and combines improvements including roadway resurfacing and rd geometric changes on 53Avenue from Central Avenue (Trunk Highway 65) to 1,200 feet west. The project was submitted to MnDOT’s for Highway Safety Improvement Program (HSIP) funding for the roadway geometric modifications and roadway rehabilitation improvements in 2018 and received $730,800 in federal funding through the grant program. On January 17, 2023, the cities of Fridley and Columbia Heights hosted an open house for the project for the adjacent commercial businesses. A presentation highlighted the project overview, construction impacts, anticipated schedule, and draft budget for the proposed project. Notifications were mailed out to the property owners informing them of the open house, a brief description of the project, a link to the project website and contact information. The open house had a virtual option for property owners that were unable to make the meeting in person. rd In July 2022, Resolution No. 2022-87 was adopted by City Council to initiate the 53Avenue Roundabout Safety Project No. ST2023-22 and prepare a preliminary report, plans, and specifications. Roadway Geometric Revisions The recommended solution is to restrict access with a barrier median along 53rd Avenue to eliminate left turning conflicts. In order to provide access opportunities, it is recommended that a turnabout be constructed to the west to allow right-out vehicles on the north side of the 5 219 Jufn!:/ median that would return to Central Avenue a turnaround andprovide a similar turnaround for right-in vehicles using accesses on the south side of the median. Eastbound vehicles would have to U-turn to access properties north of the median, or when departing with a desire to return westbound. Pavement Resurfacing Proposed pavement improvements are determined based upon several factors including the current pavement condition, last major roadway maintenance, and the need for coordinated utility improvements. The two pavement rehabilitation methods presented for this project are pavement removal and mill & overlay. Removal of the existing pavement allows for the reconstruction of the area where the roundabout will be constructed, allowing for a new pavement section to be built. Mill & overlay preserves some of the existing pavement, partially grinding and removing the pavement to a specified depth. In both instances, new asphalt is then installed to match the existing roadway conditions. Geotechnical soil exploration data has been obtained to verify existing conditions and identify any soil correction needed. Soils in the area include poorly graded sand with less commonly silty sand covering most of the project area. These soils generally provide for a stable and well- draining sub-base. Soil exploration did not encounter groundwater conditions generally throughout the project area. Based upon the existing roadway sections, current pavement distresses, and underlying soil conditions, staff recommends a 2” mill and pavement overlay in this project location. It is anticipated that a pavement mill and resurfacing should result in a pavement surface lasting 20 years or more. It should be noted that reflective cracking from the remaining existing pavement is to be expected after such milling and resurfacing. This distressing cannot be controlled without a full reconstruction of the roadway segment. Water Utility Improvements There are currently no proposed improvements to the water system as there is not any existing City of Fridley water main facilities in the project area. There is Columbia Heights water main in the project area and the City of Columbia Heights plans to …. Sanitary Sewer Improvements There are currently no proposed improvements to the sanitary sewer system in any project locations in addition to those performed concurrently with other improvements. Public Works staff evaluated the existing main, structures, and system facilities and did not identify any sever defects. Manhole castings and other facilities located in the pavement improvement area will either be replaced or reset as part of the street improvement operations. 6 21: Jufn!:/ Storm Sewer Improvements Proposed improvements to the existing storm sewer surface facilities, including catch basins and manhole castings, located in curb replacements or pavement improvement areas shall be readjusted. New drainage structures and storm pipes will be required with the construction of the concrete median and roundabout to maintain drainage in the area. Private Utility Coordination The proposed project scope will be provided to private utilities in an effort to coordinate system repairs and upgrades with the upcoming project construction. At this time, no private utilities have provided notification of upcoming upgrades or repairs in the proposed project area. Signal Coordination Coordination is ongoing with MnDOT in regard to timing of the signal at Trunk Highway 65. Turning movement changes, such as a prohibition on southbound right turn on red movements during the eastbound left/U-turn cycle are also under analysis. Metro Transit Coordination The City is coordinating with Metro Transit regarding their improvements related to Bus Rapid Transit service on the corridor anticipated in 2025 with their F-Line construction. Improvements are anticipated to be modest, with two stops being added near the westerly end of the project. Estimated Costs The project construction cost is estimated to be $1,221,360. All costs expressed within this report are preliminary but are expected to stay within the budgeted amount. An itemized breakdown of estimated project costs can be found on Figure B of the Appendices. Funding Sources Street and utility rehabilitation projects are typically funded through a combination of funding sources, including MnDOT’s Highway Safety Improvement Program grant, Minnesota State Aid System (MSAS) funding, utility enterprise funds, and special assessments. Costs associated with the street rehabilitation work are subject to special assessment; roundabout and utility work is not proposed to be subject to special assessment. The preliminary project budget as follows can be found in Figure C of the Appendices. 7 221 Jufn!:/ Street Rehabilitation Funding The estimated cost of $918,204 for proposed pavement improvements will be funded using a portion of monies from a Highway Safety Improvement Program grant, special assessments to benefitting properties and the City’s MSAS account. The City will assess adjacent benefitting properties in accordance with its major street maintenance policy for local streets. Furthermore, benefitting properties will be assessed in accordance with the major street maintenance policy by method of parcel area. In total, these assessments will provide approximately $84,101 based on the full project scope and is currently only included for the proposed rehabilitated street segments. The following assessments are based on past history as applied by Council policies for Non-Low Density Residential (commercial) properties. Using these past methods of calculating assessments, and considering our preliminary project budget, staff has estimated Non-Low Density Residential rd assessment rates are estimated at $12,350 per acre for applicable parcels adjacent to 53 Avenue. The remaining balance of approximately $834,103 for proposed pavement improvements will be reimbursed from Highway Safety Improvement Program funds, the City’s Minnesota State Aid System account, and costs shared with the City of Columbia Heights. Water UtilityImprovements There are no water facilities in the project area. No funding towards water items will be needed for the project. Sanitary Sewer Improvements The estimated cost of $2,625 for maintaining the sanitary sewer collection system will be funded using monies from the Sewer Fund. Storm Sewer Improvements The estimated cost of $300,531 for storm sewer improvements will be funded using monies from the Storm Water Fund. Construction Construction sequencing will include access considerations for all properties. Minor exceptions to this may include critical construction items including asphalt and concrete construction, which is most likely to occur during weekday daytime hours. The project will be phased in a manner to best preserve access. Similarly, minor disruptions to utility services may occur during the project but this will be limited to several hours at most. In order to provide the best access and eliminate conflicts between contractors the project is proposed to start in May and conclude by September. 8 222 Jufn!:/ Summary rd The work proposed for the 53Avenue Roundabout Safety Project Number ST2023-22 is consistent with the City of Fridley’s Long-Term Street Maintenance Program, 2023-2027 Capital Investment Program, and can be fully funded by its 2023 Budget. The project is cost effective, necessary, and feasible from an engineering standpoint as described in this report. The Engineering Division recommends that the City Council approve this project for final design as presented. 9 223 Jufn!:/ Appendices 10 224 Jufn!:/ Figure A –Project Area Map 11 225 Jufn!:/ Figure B - Opinion of Probable Cost 53RD AVENUE ROUNDABOUT SAFETY PROJECT PROJECT NO. ST2023-22 CITY OF FRIDLEY, MN 1/17/2023 MnDOT TOTAL ESTIMATED DESCRIPTIONNOTESUNITTOTAL AMOUNT ITEM NO.UNIT PRICE SPEC NO.QUANTITY Part A - Streets 12021.501MobilizationLS$65,000.001$65,000.00 22101.501Clearing and GrubbingTREE$800.0012$9,600.00 32104.504Remove Concrete PavementSY$10.00570$5,700.00 421040504Remove Bituminous PavementSY$5.004700$23,500.00 52105.607Common ExcavationCY$20.002100$42,000.00 62112.519Subgrade Preparation (1 ft)CY$20.001450.00$29,000.00 72105.607Select Granular Borrow (1 ft Section) (CV)CY$22.001450$31,900.00 82232.504Mill Bituminous Surface (2.0" Depth)SY$3.002400$7,200.00 92211.509Aggregate Base Class 5 (12" Section)TON$18.003000$54,000.00 102360.509Type SP 12.5 Wearing Course Mix (5" Section)TON$100.001200$120,000.00 112301.5048" Concrete Pavement (Turnabout)SY$125.00450$56,250.00 122301.5044" Concrete Pavement (Medians)SY$50.00440$22,000.00 132521.5184" Concrete WalkSF$8.003350$26,800.00 142521.5186" Concrete WalkSF$15.001150$17,250.00 152531.602Concrete Median NoseEA$750.004$3,000.00 162531.618Truncated DomesSF$70.00124$8,680.00 172545.501Lighting SystemLS$165,000.001$165,000.00 182563.601Traffic ControlLS$130,000.001$130,000.00 192564.518Sign Panels Type CSF$60.00175$10,500.00 20Plantings & MulchEA$380.0050$19,000.00 212565.02Rigid PVC Loop Detector 6'X6'EA$1,500.009$13,500.00 22Pavement StripingLF$12.00800$9,600.00 23Pavement MarkingsSF$20.00250$5,000.00 Part A - Streets - SUBTOTAL$874,480.00 5% ENG/ADMIN$43,724.00 Part A - Streets - TOTAL$918,204.00 Part B- Sanitary Sewer 242506.602Adjust Existing Frame and Ring Casting (Sanitary)EA$1,250.002$2,500.00 Part B- Sanitary Sewer - SUBTOTAL$2,500.00 5% ENG/ADMIN$125.00 Part B- Sanitary Sewer - TOTAL$2,625.00 Part C - Storm Sewer 252104.502Remove Catch BasinEA$750.007$5,250.00 262104.503Remove Concrete Curb & GutterLF$10.002095$20,950.00 272104.503Remove Pipe SewersLF$15.00510$7,650.00 282503.50315" RC Pipe Sewer Class VLF$65.00990$64,350.00 292503.602Connect to Existing Storm SewerEA$2,000.001$2,000.00 302506.502Construct Drainage StructureEA$3,500.0012$42,000.00 312506.602Adjust Existing Frame and Ring Casting (Storm)EA$1,250.004$5,000.00 322531.503Concrete Curb & Gutter Design S524LF$22.00200$4,400.00 332531.503Concrete Curb & Gutter Design B618LF$18.003240$58,320.00 342573.502Storm Drain Inlet ProtectionEA$500.008$4,000.00 352573.503Silt Fence, Type MSLF$5.00500$2,500.00 362573.503Sediment Control Log Type CompostLF$3.001000$3,000.00 37Stormwater TreatmentLS$30,000.001$30,000.00 382574.507Common Topsoil BorrowCY$40.00250$10,000.00 392575.504SodSY$8.002100$16,800.00 40Seed, Fertilizer, MulchSY$2.005000$10,000.00 Part C - Storm Sewer - SUBTOTAL$286,220.00 5% ENG/ADMIN$14,311.00 Part C - Storm Sewer - TOTAL$300,531.00 226 Jufn!:/ Figure B - Opinion of Probable Cost 53RD AVENUE ROUNDABOUT SAFETY PROJECT PROJECT NO. ST2023-22 CITY OF FRIDLEY, MN 1/17/2023 MnDOT TOTAL ESTIMATED DESCRIPTIONNOTESUNITTOTAL AMOUNT ITEM NO.UNIT PRICE SPEC NO.QUANTITY Part D - Water Part D - Water - SUBTOTAL$0.00 5% ENG/ADMIN$0.00 Part D - Water - TOTAL$0.00 GRAND TOTAL (A+B+C+D)$1,221,360.00 227 Jufn!:/ Figure C - Funding Sources 1/17/2023 53rd Avenue Roundabout Safety Project BJB Estimated2023 Budgeted No.DescriptionAmountAmount 1Special Assessments*$84,103.50$60,000.00 2Water Fund$0.00$0.00 3Sanitary Sewer Fund$2,625.00$30,000.00 4Storm Water Fund$300,000.00$115,000.00 5Local Road Improvement Program$730,800.00$730,800.00 6MSAS Funding/CH Reimbursement$103,831.50$290,000.00 Grand Total$1,221,360.00$1,225,800.00 Special Assessment Breakdown Assessments LDR Single Family (properties)0x$ - =$0.00 Non-LDR Commercial (Area/Acre)6.81x$ 12,350.00=$84,103.50 LDR Total$84,103.50 Assessment Grand Total$84,103.50 *Note that Special Assessments amounts are a calculated need for Estimated Amount, based on the project estimate, and the Budgeted Amount is calculated based on the project scope and property information. 228 Jufn!:/ Figure D – Project Schedule The tentativeschedule for this project is as follows: PRELIMINARY ACTIVITIES Project Open House:January 17,2023 Preliminary Assessment Hearing: February13, 2023 DESIGN AND SUBMITTALS Agency Submittals Complete:February2023 Design Completed:February2023 LETTING, AWARD, AND CONSTRUCTION Resolution Advertising for Bids:March2023 First Advertisement for Bids:March2023 Bid Letting: April2023 Contract Award:April 2023 Begin Construction (earliest): May 2023 Complete Construction (deadline):September 2023 FINAL ACTIVITIES Final Assessment Hearing:October 2023 Certified Assessment Roll Complete:November 2023 Note: subsequent activities may be influenced by changes in schedule of previous activities. 14 229 Jufn!21/ AGENDA REPORT Meeting Date:January 23, 2023 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Jason Wiehle, Utilities Operations Manager Title Resolution No. 2023-10,Authorizing Execution of Grant Agreement with the Metropolitan Council for Inflow/Infiltration Reduction Background Through efforts of the Metro Cities Association and the Metropolitan Council, the 2020Minnesota Legislature appropriated $5million of State bond funds for a cost share grant program for metropolitan cities to mitigate inflow and infiltration (I/I) into sanitary sewer collection systems. This program was similar to a priorbiannual I/I grant programcyclesthat were previously funded thanks to the work of the Metro Cities Association and Met Council. The City of Fridley qualifies for funding on eligible projects of over $680,000completed from 2020through 2021. These projects include reconstruction of sanitary sewers, sewer lining, repair of sanitary sewer structures, and flood control. Financial Impact A fraction of these projectcostswill be reimbursed through the program, which depends on applications received and approved, with a minimum grant of $50,000. The Metropolitan Council Environmental Services (MCES) Division administers this I/I grant program and has advised of a preliminary estimated grant award of $66,692. Recommendation Staff recommendsthe approval of Resolution No. 2023-10. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability &Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2023-10 MCES 2020 I/I Grant Program Letter of Intent General Obligation Bond ProceedsGrant Agreement Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 22: Jufn!21/ Resolution No. 2023-10 Authorizing Execution of Grant Agreement with the Metropolitan Council for Inflow/Infiltration Reduction Whereas, through efforts coordinated with the Metro Cities Association and the Metropolitan Council, the 2020 Minnesota Legislature appropriated $5 million of state bond funds for a sanitary sewer inflow/infiltration (I/I) reduction cost share grant program for metropolitan cities to mitigate inflow and infiltration into sanitary sewer collections systems; and Whereas, the Metropolitan Council Environmental Services (MCES) Division has been assigned to administer the program; and Whereas, after meeting with eligible cities and holding a public meeting for the purpose of gathering public input, the Metropolitan Council approved a processes, guidelines and schedules for the grant program; and Whereas, the City of Fridley (City) is an eligible community under the aforementioned grant program; and Whereas; the City initially estimated project expenses of $680,000 for eligible I/I mitigation work from January 1, 2020 through December 31, 2021; and Whereas, MCES has provided a preliminary estimate to the City for a grant award of $66,692; and Whereas, in order to receive granted funds, the Metropolitan Council requires approval and execution of an end of project Grant Agreement; and Whereas, should the City Council wish to proceed with this project, the next step in the public improvement process is to order the project. Now, therefore be it resolved, that the City Council of the City of Fridley, hereby approves the sample Grant Agreement between the Metropolitan Council and the City of Fridley, and the Mayor and City Manager are directed to execute the final Grant Agreement for submittal to the Metropolitan Council upon receipt. Be it further resolved, that the City Council of the City of Fridley, hereby directs the Public Works Director/City Engineer to execute and provide any additional documentation necessary to effect reimbursement of cost share grant funds under this Grant Agreement. 231 Jufn!21/ rd Passed and adopted by the City Council of the City of Fridley this 23 day of January, 2023. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 232 Jufn!21/ EBUF;Bqsjm!3:-!3132 UP;Kbnft!Lptmvdibs-!Qvcmjd!Xpslt!Ejsfdups!0!Djuz!Fohjoffs Gsjemfz 8182!Vojwfstjuz!Bwfovf!OF Gsjemfz-!NO!66543 GSPN;Nbuu!Htfmmnfjfs-!NDFT!J0J!Hsbou!Benjojtusbups TVCKFDU;3131!J0J!Hsbou!Qsphsbn!Mfuufs!pg!Joufou Uibol!zpv!gps!bqqmzjoh!up!uif!3131!Tubuf!Cpoe!Gvoefe!Nvojdjqbm!Jogmpx!boe!Jogjmusbujpo!)J0J*!Hsbou!Qsphsbn/!Uijt opo.cjoejoh!mfuufs!pg!joufou!dpogjsnt!sfdfjqu!pg!zpvs!djuzt!bqqmjdbujpo!boe!bqqspwbm!up!qbsujdjqbuf!qfs!uif!Nfuspqpmjubo Dpvodjmt!bqqspwfe!qsphsbn!eftjho!boe!hvjefmjoft/ Uif!qsphsbn!eftjho!boe!hvjefmjof!efubjmt-!bmpoh!xjui!uif!esbgu!bhsffnfou!uibu!nvtu!cf!foufsfe!xjui!uif!Nfuspqpmjubo Dpvodjm-!dbo!cf!gpvoe!bu!uif!gpmmpxjoh!mjol!voefs!Jogmpx0Jogjmusbujpo!Hsbou!Qsphsbnt; iuuqt;00nfuspdpvodjm/psh0Xbtufxbufs.Xbufs0Gvoejoh.Gjobodf0Bwbjmbcmf.Gvoejoh.Hsbout/btqy Qsfmjnjobsz!Opo.cjoejoh!Hsbou!Ftujnbuft Ftujnbufe Hsbou!BnpvouCbtfe!po Qsfmjnjobsz!Njojnvn!Bmmpdbujpo!)QNB*Qsfmjnjobsz!qspkfdu!eftdsjqujpo!boe!qspkfdufe!dptu!ftujnbuft!jo!djuzt bqqmjdbujpo %61-111 Gjobm!Sfjncvstfnfou!Bnpvou!)GSB*Djuzt!bqqmjdbujpo-!uif!bnpvou!bwbjmbcmf!gps!gvoejoh-!boe!qsjps!zfbst sfjncvstfnfou!qfsdfoubhft %77-7:3 Qmfbtf!cf!bewjtfe!uibu!uiftf!bsf!qsfmjnjobsz!opo.cjoejoh!ftujnbuft!boe!uibu!fbdi!qbsujdjqbout!gjobm!GSB!efqfoet vqpo!uif!bduvbm!boe!fmjhjcmf!qspkfdu!xpsl!tvcnjuufe!qfs!bqqspwfe!hvjefmjoft/!QNB!boe!GSB!xjmm!cf!dbmdvmbufe tjnvmubofpvtmz!gps!bmm!qbsujdjqbout!vqpo!sfdfjqu!pg!epdvnfoubujpo!wfsjgzjoh!b!qspkfdu!dptut/!Tipvme!b!djuz!opu!dpnqmfuf b!qspkfdu!xjui!J0J!fmjhjcmf!xpsl-!ps!dpnqmfuf!xjui!jotvggjdjfou!fmjhjcmf!xpsl-!QNB!boe!GSB!xjmm!cf!bekvtufe!bddpsejohmz/ Dpoujohfou!vqpo!bwbjmbcjmjuz!pg!gvoejoh-!djujft!nbz!cf!fmjhjcmf!gps!beejujpobm!gvoejoh!tipvme!uifz!dpnqmfuf!b!qspkfdu)t* xjui!npsf!J0J!fmjhjcmf!xpsl!uibo!eftdsjcfe!jo!uifjs!bqqmjdbujpo/ Jnqpsubou!Ebuft NDFT!tfoet!Mfuufs!pg!Joufou!up!qsphsbn!qbsujdjqbout Bqsjm!41-!!3132 Djujft!qspwjef!eftdsjqujpot!boe!qbz!dmbjnt!gps!dpnqmfufe!qspkfdut Nbsdi!42-!!3134 NDFT!nblft!GSB!efufsnjobujpo-!ejtusjcvuft!hsbou!bhsffnfout Nbz!2-!!3134 NDFT!xjmm!qspdftt!sfjncvstfnfou!vqpo!sfdfjqu!pg!tjhofe!bhsffnfou!boe!dpnnjut!up!tfoejoh!tfnj.boovbm!hsbou opujdft!up!bmm!qbsujdjqbout!uispvhipvu!uif!qsphsbn/!Uiftf!opujdft!xjmm!tfswf!bt!cpui!sfnjoefst!pg!qbsujdjqbujpo!boe tpmjdjubujpot!gps!dibohft!jo!qbsujdjqbou!dpoubdu-!qspkfdut-!ps!puifs!sfmfwbou!jogpsnbujpo/ 233 Epdvnfoubujpo!tvcnjuufe!up!NDFT!bu!qspkfdu!dpnqmfujpo!up!wfsjgz!fmjhjcjmjuz!boe!dbmdvmbuf!cpui!QNB!boe!GSB!nvtu Jufn!21/ jodmvef!uif!gpmmpxjoh; !!!!!Dpnqmfujpo!boe!tvcnjttjpo!pg!NDFT!qspwjefe!dptu!wfsjgjdbujpo!gpsn !!!!!B!djuz!sftpmvujpo!bvuipsj{joh!qbsujdjqbujpo!jo!uif!hsbou!qsphsbn !!!!!Dfsujgjdbujpo!)opubsj{fe*!dpogjsnjoh!pxofstijq!ps!fbtfnfout!gps!mpdbujpot!xifsf!xpsl!xbt!dpnqmfufe !!!!!Eftdsjqujpo!pg!xpsl-!bmpoh!xjui!eftdsjqujpo!ps!nbq!pg!mpdbujpot !!!!!Jowpjdft!tvctuboujbujoh!dptu!pg!xpsl!dpnqmfufe/ Uijt!mfuufs!jt!b!dpnnjunfou!up!foufs!joup!b!mfhbmmz!cjoejoh!hsbou!bhsffnfou!vqpo!wfsjgjdbujpo!uibu!hsbou!qsphsbn hvjefmjoft!boe!sfrvjsfnfout!ibwf!cffo!nfu/!Ju!jt!opu!b!mfhbmmz!cjoejoh!epdvnfou!uibu!dpogjsnt!gvoejoh/ NDFT!bqqsfdjbuft!boe!jt!dpnnjuufe!up!zpvs!qbsujdjqbujpo!jo!uijt!qsphsbn!eftjhofe!up!bttjtu!pvs!tublfipmefst!jo!uif njujhbujpo!pg!fydftt!jogmpx!boe!jogjmusbujpo!joup!uif!nfuspqpmjubo!ejtqptbm!tztufn/ NDFT!bqqsfdjbuft!boe!jt!dpnnjuufe!up!zpvs!qbsujdjqbujpo!jo!uijt!qsphsbn!eftjhofe!up!bttjtu!pvs!tublfipmefst!jo!uif njujhbujpo!pg!fydftt!jogmpx!boe!jogjmusbujpo!joup!uif!nfuspqpmjubo!ejtqptbm!tztufn/ Qmfbtf!ejsfdu!zpvs!rvftujpot!ps!dpodfsot!up; Nbuu!Htfmmnfjfs-!NDFT!J0J!Hsbou!Benjojtusbups 4:1!Spcfsu!Tusffu!Opsui Tu/!Qbvm-!NO!66212 28744781375 nbuuifx/htfmmnfjfsAnfud/tubuf/no/vt Ofe!Tnjui-!NDFT-!Ejsfdups!pg!Qsfusfbunfou!boe!Gjobodf Mfjtb!Uipnqtpo-!NDFT!Hfofsbm!Nbobhfs 234 Jufn!21/ 235 Jufn!21/ 236 Jufn!21/ 237 Jufn!21/ 238 Jufn!21/ 239 Jufn!21/ 23: Jufn!21/ 241 Jufn!21/ 242 Jufn!21/ 243 Jufn!21/ 244 Jufn!21/ 245 Jufn!21/ 246 Jufn!21/ 247 Jufn!21/ 248 Jufn!21/ 249 Jufn!21/ 24: Jufn!21/ 251 Jufn!21/ 252 Jufn!21/ 253 Jufn!21/ 254 Jufn!21/ 255 Jufn!21/ 256 Jufn!21/ 257 Jufn!21/ 258 Jufn!21/ 259 Jufn!21/ 25: Jufn!21/ 261 Jufn!21/ 262 Jufn!21/ 263 Jufn!21/ 264 Jufn!21/ 265 Jufn!21/ 266 Jufn!21/ 267 Jufn!21/ 268 Jufn!21/ 269 Jufn!21/ 26: Jufn!21/ 271 Jufn!21/ 272 Jufn!21/ 273 Jufn!21/ 274 Jufn!21/ 275 Jufn!21/ 276 Jufn!21/ 277 Jufn!21/ 278 Jufn!22/ AGENDA REPORT Meeting Date:January 23, 2023 Meeting Type:City Council Submitted By:Beth Kondrick, Deputy City Clerk Melissa Moore, City Clerk/Communications Manager Title Resolution No. 2023-11, Approving and Authorizingthe Signing of an Agreement with Paymentus for Payment Processing Services Background In 2019, the City of Fridley (City), under the general direction of the City Manager, formed the Process Management (PMT) to improve the efficiency and efficacy of City programs and services. The PMT consists of staff from each department, trained in continuous improvement, performance measurement and problem solving.The PMT canvasses City Staff to submit applications for projects to be chosen for the PMT to work on. In 2021, the PMT selected a project to improve payment processing for business conducted in the City. The PMT formed a subcommittee of stakeholders from each department at the City to review current payment processing procedures and what improvements could be made. It was determined that there was a desire to find an online solution to streamline the payment process, add security and reduce cost. The subcommittee sent a request for presentation to fourvettedpayment processing vendors. After viewing these presentations and proposals, the subcommittee selected Paymentus as the preferred candidate to provide payment processing for the City. Paymentus is already set up to integrate with existing City vendors such as Citizenserve and Tyler Incode. Paymentus has a robust system that provides traditional payment options and modern payment options such as Paypal or Apple Pay. Based on the services Paymentus can provide, comparable fees to current payment processors and the ease of use of the application, the PMT and Department Directors have requested the City enter into an agreement with Paymentus to be the payment processing solution for the City. The agreement has been reviewed by the City Attorney. The Public Safety Department will be the first to go live with Paymentus. Public Safety estimates around 100 administrative citations will be issued in February 2023. Depending on the success of the first phase of the rollout, staff will consider bringingadditional services onto the Paymentus platform. Vision Statement We believe Fridley will be a safe, vibrant, friendlyand stable home for families and businesses. 279 Jufn!22/ Financial Impact At present, staff estimate the implementation of Paymentus to be cost-neutral. A service fee of 2.85% will be applied to each transaction. The City will cover the cost of the service fee up front but these additional costs will be offset by increased use of Administrative Citations throughout the City. Recommendation Staff recommends the approval of Resolution No. 2023-11. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Resolution No. 2023-11 !Exhibit A: Agreement with Paymentus Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 27: Jufn!22/ Resolution No. 2023-11 Approving and Authorizing the Signing of an Agreement with Paymentus for Payment Processing Services Whereas, Minnesota Statute § 471.59 enables the City of Fridley (City) to enter into agreements with external parties; and Whereas, under the direction of the City Manager, formed in 2019, the Process Management and Whereas, the PMT consists of staff from various departments, who have received special training in problem solving and process improvement; and Whereas, a PMT project application was submitted in 2021 by the Finance Department requesting assistance with finding a cost effective and serviceable payment processing solution for receiving online payments for City business activities; and Whereas, following industry standard methodologies for continuous improvement, the PMT collaborated on the project with staff from every department over the course of two years; and Whereas, the PMT payment processing needs; and Whereas, the PMT formally recommends the City enter into a Master Partnership Agreement with Paymentus. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves said Master partnership Agreement and the Mayor and the City Manager or their designee are hereby authorized to execute the Master partnership Agreement. Passed and adopted by the City Council of the City of Fridley this 23rd day of January, 2023. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 281 Jufn!22/ MASTER SERVICES AGREEMENT Client:City of Fridley, MN Client Address: 7071 University Ave. N.E. Fridley, MN 55432 Contact for Notices to Client:Beth Kondrick Estimated Number of Yearly Payments:32,000 This Master Services Agreement (“Agreement”) is entered into as of the date of the last of the signatures set forth below (“Effective Date”), by and between the Client identified above and Paymentus Corporation, a Delaware Corporation with a principal place of business at 11605 N. Community House Road, Suite 300, Charlotte, NC 28277. Client and Paymentus are also referred to as “Party” and collectively as the “Parties”. STATEMENT OF PURPOSE Paymentus desires to provide and Client desires to receive electronic bill payment services as more particularly described in this Agreement under the terms and conditions set forth herein. AGREEMENT In consideration of the mutual covenants hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, hereby covenant and agree as follows. This Agreement consists of the following documents: (i)this signature page (ii)the General Terms and Conditions; and (iii)the following Schedules: Schedule A: Paymentus Service Fee Schedule Schedule B:Client Payment Data This Agreement represents the entire agreement between the parties with respect to its subject matter, supersedes all prior written or oral agreements or understandings related to the subject matter hereof, and may be changed only by agreements in writing signed by the authorized representatives of each of the parties. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. CLIENT: PAYMENTUS CORPORATION By: __________________________________By: __________________________________ NAME: _______________________________NAME: _______________________________ TITLE: ________________________________TITLE: ________________________________ DATE: ________________________________DATE: ________________________________ CONFIDENTIAL AND PROPRIETARY FR520-8-844226.v1 282 PAYMENTUSLEGAL: FORMREVISIONOF10.22.21 Jufn!22/ GENERAL TERMS AND CONDITIONS BY AND BETWEEN PAYMENTUS CORPORATION AND CITY OF FRIDLEY, MN 1 Definitions: all Services selected by Client as of the Effective Date. For the purposes of the Agreement, the following 1.9“Non-Qualified Transaction”means one or terms and words have the meaning ascribed to them, unless the context clearly indicates otherwise.more payments that are either (i) made with a card or payment method generally issued 1.1 “Agreement“or “Master Agreement” for business use that results in interchange means the Master Services Agreement fees or other processing charges assessed between the parties, as amended from time by a Paymentus Authorized Processor or to time. card payment association that are higher than those charged for transactions with card 1.2 “Average Bill Amount” means the total payment methods issued for consumer use; amount of Payments processed through or (ii) that do not qualify for reduced Paymentus in a given month divided by the interchange fees under programs in which number of the Payments for the same month. Client is then currently participating. These 1.3 “Effective Date” is the date the last party to high-cost card payment methods may include execute the Agreement as indicated below among others, corporate cards, virtual cards, the signature line, unless the Agreement is purchase cards, business cards, travel and submitted to Client for acceptance in a entertainment cards, or payment of a manner that does not call for Paymentus to commercial account. execute it, in which event the Effective Date 1.10 “Payment” means payment by a User shall be the date that Client signs the through the Platform for Client’s services, Agreement. Client’s bills, or other amounts owed to 1.4“Excess Payment Amount”means the Client. Payment Amounts from Non-Qualified 1.11“Payment Amount”means the amount of a Transactions processed in a calendar month. Payment. 1.5“Fee Assumptions”means information 1.12“Paymentus Authorized Processor” used to calculate the Paymentus Fee (as means a Paymentus authorized merchant defined in Section 3.2), including (i) the account provider or payment processing projected Average Bill Amount, and (ii) the intermediary or gateway. projected payment method mix (credit vs debit vs e-check) of all card Payments 1.13“Paymentus Fee”is defined in Section 3.2. processed that month. 1.14“Platform” is defined in Section 2.1. 1.6“Initial Setup”means the first personalization and activation of the standard 1.15 “Reversed or Chargeback Transactions” service with respect to each channel means cancelled transactions due to User described on Schedule A as specified during error, a User’s challenge to Payment the implementation process.authenticity, or action by a financial institution or a Paymentus Authorized Processor 1.7“IPN”or “Instant Payment Network” (commonly referred to as ACH or eCheck means the network developed by Paymentus returns or credit/debit card chargebacks). to enable customer engagement, bill presentment and receipt of payments by 1.16 “Services” means the performance by businesses through multiple channels as Paymentus of the payment and related enabled from time to time by Paymentus.services selected by Client as set forth in Schedule A and as provided in Section 2.3. 1.8 “Launch Date” means the date on which Client completes the introduction to Users of 1.17 “User” means a user of Client’s services. Confidential & Proprietary 191108.1 FR520-8-844226.v1 283 Jufn!22/ 2 Description of Services to be Performed deemed amended to reflect changes in the Services and fees. I a. 2.1Scope of Services 3 Compensation When selected on Schedule A, Paymentus will provide Users the opportunity to view and receive 3.1No Fee Installation bills, make Payments using the payment methods Paymentus will charge no fees related to the Initial provided under Schedule A and other payment Setup of standard service. methods and wallets as offered by Paymentus from time to time. The payment methods and other 3.2 Paymentus Fee services provided may be used within the channels Client will be billed the fees as provided in Schedule described on Schedule A or on other websites or A (“Paymentus Fee”), unless a fee is noted on mobile/web apps or chatbots or voice assistants that Schedule A to be User paid, in which case Paymentus are part of the Instant Payment Network, (collectively will charge each User the Paymentus Fee in addition referred to as the “Platform”). Paymentus will provide to the corresponding Payment as part of the a mechanism by which Client may select the channels transaction. Paymentus will pay the corresponding and payment methods Client wishes to offer Users. processing and related fees (“Transaction Fees”) Paymentus will be the exclusive provider to Client of except for fees related to Reversed or Chargeback the Services for the Public Safety Department. Client Transactions. may add other departments with fees according to Schedule A. The Paymentus Fee is based on the Fee Assumptions. Client will be billed additional 2.2 Professionalism Paymentus Fees equal to 2.85% of the Excess Paymentus will perform the Services in a professional Payment Amount for each month. Paymentus may manner consistent with the level of care and skill amend Schedule A upon prior written notice to Client ordinarily exercised by professionals currently if there are changes in the card or payment system providing similar services. rules or changes in payment processing fees or other events that increase the cost of processing 2.3 New or Enhanced Services transactions, such as changes in the average From time to time Paymentus may offer Client new or Payment Amount, the mix of payment methods or of enhanced services, such as new functionality within interchange rates applied to transactions. The the IPN, the ability to accept other payment methods, amended Paymentus Fee will take effect 30 days methods of bill presentment, the ability to access after written notice to Client. alternative payment processors or other service 4 Payment Processing providers or Paymentus Authorized Processors or otherwise modify the terms and conditions under 4.1 Integration with Client’s Billing System which the Services are provided (“Service At no charge from Paymentus to Client, Paymentus Enhancements”). Paymentus will provide Client with will develop one (1) file format interface with Client’s notice by email to the person designated as provided billing system using Client’s existing text file format in Section 10.2 disclosing the terms, including any currently used to post payments to Client’s billing contracts or contract amendments, under which the system. Client will be responsible to provide Service Enhancements will be made available. If the Paymentus with the one file format specification and Service Enhancements will result in additional fees to will fully cooperate with Paymentus during the or impose additional obligations on Client or Users, development of the said interface. If Client chooses to Client will have at least thirty (30) days after the date create an automated file integration process to of the notice to opt out of the Service Enhancements download the posting file, due to Paymentus security in the manner provided in the notice. If Client does not requirements, Client will use Paymentus specified opt-out, then when the Service Enhancements are integration process. As such, the Paymentus platform introduced they will form part of the Services and does and can function independent of any billing Client will be bound by the additional terms as system integration. A payment posting file can be disclosed in the notice, and Schedule A will be emailed or downloaded from the Paymentus Agent Page 2 284 Jufn!22/ Dashboard. If Client chooses to have the Paymentus MODULEINTEGRATION POINT platform integrated with its billing system, Paymentus One-time payment Customer Information: Text offers two options: File or Real Time (i) Paymentus standard integration specification that Payment Posting: Text File Client can use to integrate its billing systems with or Real Time Paymentus platform (“Standard Integration”); or Recurring Payment Text File (ii) Paymentus to either customize or configure its platform to integrate with Client using file specification E-billing for Billing Text File or Real-time link to or APIs supported by Client’s billing system (“Client Data billing data Specific Integration”). Outbound Text File for customer If Client chooses Standard Integration, Paymentus Notification- engagement messages agrees to fully cooperate with Client and provide its Audience File specification to Client. Paymentus also agrees to participate in meetings with Client’s software vendor to provide any information or clarifications needed to Each of these can be based on Standard Integration understand Standard Integration. Paymentus agrees or Client Specific Integration. to provide all integration/interface specifications within 30 days from the Effective Date. Client will take The Initial Setup for the Web or IVR interface will be commercially reasonable steps to develop the considered complete when the first Standard integration within 60 days from the date on which Integration or Client Specific Integration, as Client has received all integration specifications from applicable, is completed such that Paymentus and Paymentus. Client are able to exchange files relevant to that interface, as contemplated in this Section 4.1. In the If Client chooses Client Specific Integration, event the Services are implemented without Paymentus agrees to develop that integration at no integration, the Initial Setup will be considered charge from Paymentus to Client, provided however, complete when a User is able to access the Platform Client agrees to fully cooperate with Paymentus and to process a payment. cause its software vendors and other service providers to fully cooperate with Paymentus. Client 4.2 Enhancements agrees to provide all specifications required for Client Specific Integration. Client further agrees to The parties agree that the Services are provided on a participate in testing with Paymentus and if needed, “platform as a service” basis, and not as a result of cause its billing software vendors and other service custom software development. Paymentus’ standard providers to participate in testing. Client agrees to Platform will be personalized to achieve certain provide or make available all integration/interface additional functional requirements of Client, as specifications within 30 days from the Effective Date. clarified and agreed during implementation Paymentus will take commercially reasonable steps (“Enhancements”). Enhancements may include some to develop the integration within 60 days from the date or all of the features included in any technical on which Paymentus has received all the integration requirements or similar document provided to specifications from Client or its vendors. Paymentus. The parties will fully co-operate with one another to: a) ensure that requirements with respect Parties agree that if the parties do not cooperate fully, to Enhancements are clarified as needed; b) accept it can lead to each party being unable to perform its Paymentus proposed reasonable alternatives to duties to deliver the integration in time. achieve Client’s functional objectives within the limits of the Paymentus platform; and c) accept Paymentus’ Based on Client’s use of the Platform and its reasonable estimates of time for completion, designs respective modules selected under the Agreement, and plans with respect to agreed Enhancements. Paymentus will require the following integration There will be no fee charged by Paymentus to Client points: for Enhancements, provided Paymentus designs and plans are accepted by Client. If the Services are to be Page 3 285 Jufn!22/ offered at multiple locations, or if the Services include any User paid Paymentus Fee and any Reversed or Chargeback Transactions (described below). When multiple Enhancements, the parties will agree to a Client pays the Paymentus Fee, Paymentus will phased implementation. invoice Client and debit the fees from the Client Bank 4.3 PCI Compliance Account on a monthly basis. To the extent that either party receives payment card Paymentus together with the Paymentus Authorized information subject to the Payment Card Industry Processor will continuously review its settlement and Data Security Standards (“PCI-DSS”) in connection direct debit processes for its simplicity and with providing the Services, such party will comply efficiencies. Client and Paymentus agree to fully co- with all requirements of the PCI-DSS with respect to operate with each other if Paymentus were to change storage, transmission and disclosure of payment card its settlement and invoicing processes. information. 4.8 Reversed or Chargeback Transactions 4.4 Explicit User Confirmation With respect to all Reversed or Chargeback Paymentus will confirm the dollar amount of all Transactions, Client authorizes Paymentus and Payments, and when paid by the User, the Paymentus Authorized Processor (and/or the corresponding Paymentus Fee to be charged and respective payment organizations) to debit the Client electronically obtain the User’s approval of the Bank Account for the Payment Amount and/or offset charges prior to initiating payment authorizations the Payment Amount against future payouts and transaction. Paymentus will provide User with Paymentus will refund the applicable amount to the electronic confirmation of all transactions. payment organization for credit back to the User the corresponding Paymentus Fee, if any. 4.5 Merchant Account Paymentus together with Paymentus Authorized Paymentus will arrange for Client to have a merchant Processor will continuously review its processes for account with the Paymentus Authorized Processor for Reversed or Chargeback Transactions for simplicity processing and settlement of transactions. and efficiencies. Client and Paymentus agree to 4.6 Payment Authorization reasonably co-operate with each other if Paymentus requires any change to its settlement and invoicing For authorization purposes, Paymentus will processes for these transactions. electronically transmit all card or other payment transactions to the appropriate processing center, in 5 General Conditions of Services real time as the transactions occur or as provided in 5.1 Service Reports applicable rules. In its discretion, Paymentus may refuse to process any transaction that is submitted in Paymentus will provide Client with reports violation of its terms of use or to protect Client, Users, summarizing use of the Services by Users for a given itself or others from potentially illegal, fraudulent or reporting period. harmful transactions. If Paymentus refuses to process any transaction, Paymentus shall notify 5.2 User Adoption Communication by Client Client within a commercially reasonable time period Client will communicate the Services as a payment and take commercially reasonable steps to assist option to its customers wherever Client usually Client with resolving any issues related to the communicates its other payment options. transaction. Client will make the Services known or available to its 4.7 Settlement customers by different means of customer Paymentus together with a Paymentus Authorized communication including a) through bills, invoices Processor will forward the payment transactions, to and other notices; b) if direct payments have been the appropriate organizations for settlement directly activated, by providing IVR and Web payment details to Client’s depository bank account previously on Client’s website including a “Pay Now” or similar designated by Client (“Client Bank Account”) as a link on a mutually agreed prominent place on the web positive amount of payment processing funds, net of site; c) if IVR payments have been activated, through Page 4 286 Jufn!22/ Client’s general IVR/Phone system; and d) other (iii) Sharing User Adoption marketing as described in Section 5.2. channels deemed appropriate by Client. Paymentus will provide Client with logos, graphics (iv) Launching the Service within 90 days of and other marketing materials for Client’s use in its Paymentus making the system available. communications with its customers regarding the (v) Dedicating sufficient and properly trained Services and/or Paymentus. personnel to support the implementation process 5.3 Independent Contractor and its use of the Services in compliance with all laws applicable to its use of the Services. All services provided pursuant to this Agreement shall be provided by Paymentus as an independent (vi) Providing Paymentus with the file format contractor and not as an employee of Client for any specification currently used to post payments to purpose. Any and all officers, employees, the billing system to allow Paymentus to provide subcontractors, and agents of Paymentus, or any Client with a posting file for posting to Client’s other person engaged by Paymentus in the billing system. performance of work or services pursuant to this (vii) Fully cooperating with Paymentus and securing Agreement, shall not be considered employees of the the cooperation of its software and service City. Any and all actions which arise as a providers and providing the information required consequence of any act or omission on the part of to integrate with Client’s billing system. Paymentus, its officers, employees, subcontractors, or agents, or other persons engaged by Paymentus (viii) Fully cooperating with Paymentus to in the performance of work or services pursuant to integrate its systems with the Paymentus this Agreement, shall not be the obligation or Platform through the use of Paymentus’ APIs to responsibility of the City. Paymentus, its officers, enable Client’s access to the IPN, if selected. employees, subcontractors, or agents shall not be 6 Indemnification and Limitation of Liability entitled to any of the rights, privileges, or benefits of the City’s employees, except as otherwise stated 6.1 Paymentus Indemnification and Hold herein. Harmless 5.4 Client’s Responsibilities Paymentus agrees to defend, hold harmless and indemnify Client and its directors, officers or In order for Paymentus to provide the Services, Client governing officials, and employees (collectively, the will co-operate with Paymentus by: “Client Indemnitees”) from and against all liabilities, (i) Entering into (and authorizing Paymentus to do demands, losses, damages, costs or expenses so on its behalf) all applicable merchant (including reasonable attorney’s fees and costs), processing, cash management, ACH origination, incurred by any Client Indemnitee arising from a claim or kiosk agreements, provided that Client is given or demand brought by a third party to the extent the notice of and approves any additional fees claim or demand alleges that (i) the Services provided associated with those agreements, and providing under this Agreement infringe the intellectual property information and consents reasonably requested rights of the third-party. in connection with the agreements. 6.2 Client Indemnification and Hold Harmless (ii) Keeping throughout the duration of the To the extent allowed by law, Client agrees to defend, Agreement during which direct payments via the hold harmless and indemnify Paymentus and its web is activated, a bill payment link connecting to directors, officers, and employees (collectively, the the Paymentus Platform at a prominent and “Paymentus Indemnitees”) from and against all mutually agreed location on Client’s website. If liabilities, demands, losses, damages, costs or the IVR channel is activated, the phone number expenses (including reasonable attorney’s fees and for IVR payments will also be added to the web costs), incurred by any Paymentus Indemnitee arising site and as an option as part of Client’s general from a claim or demand brought by a third party to the phone system. extent the claim or demand relates to the underlying Page 5 287 Jufn!22/ relationship or obligations of Client and its Users. (I) FOR AN ERROR OR OTHER ACTION Nothing in this Agreement shall constitute a waiver or AFFECTING THE PROCESSING OF ONE OR limitation of any immunity or limitation on liability to MORE PAYMENTS, THE AMOUNT OF THE which the City is entitled under Minnesota Statutes, PAYMENTUS FEE ASSOCIATED WITH EACH Chapter 466, or otherwise. PAYMENT, (II) FOR OTHER CLAIMS, THE AMOUNT OF THE PAYMENTUS FEE (NET OF 6.3 Indemnification Procedure DIRECT PROCESSING AND OTHER FEES PAID BY PAYMENTUS) PAID TO PAYMENTUS (“NET The indemnified party will give the indemnifying party FEES”) IN THE SIX (6) MONTHS BEFORE THE prompt written notice of any claim for which EVENTS GIVING RISE TO THE CLAIM OR CLAIMS indemnification is sought. The indemnifying party will ARISING FROM THE SAME CIRCUMSTANCES; have the right to control the defense and settlement AND (III) IN NO EVENT MORE THAN THE LESSER of any claim, provided that any settlement that admits OF $1,000,000.00 OR THE NET FEES UNDER THE liability on behalf of the indemnified party, or AGREEMENT. adversely affects the indemnified party shall requires the indemnified party’s prior written consent, which 7 Term and Termination consent will not be unreasonably delayed or withheld. 7.1 Term 6.4 Warranty Disclaimer The term of the Agreement will commence on the EXCEPT AS EXPRESSLY SET FORTH IN THE Effective Date and continue for a period of 7 (seven) AGREEMENT, PAYMENTUS DISCLAIMS ALL years (“Initial Term”) from the Launch Date. OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO CLIENT OR ANY At the end of the Initial Term, the Agreement will OTHER PERSON, INCLUDING WITHOUT automatically renew for successive two (2) year LIMITATION, ANY WARRANTIES REGARDING periods unless either Client or Paymentus provide the QUALITY, SUITABILITY, merchantability, fitness, for other party with not less than 6 (six) months prior A PARTICULAR PURPOSE OR OTHERWISE OF written notice before the automatic renewal date that ANY SERVICES OR ANY GOOD PROVIDED it elects not to automatically renew the term of the INCIDENTAL TO THE SERVICES PROVIDED Agreement. UNDER THE AGREEMENT. 7.2 Material Breach 6.5 Limitation of Liability A material breach of the Agreement will be cured within 90 (ninety) business days (“Cure Period”) after NOTWITHSTANDING THE FOREGOING, THE a party notifies the other in writing of the breach in PARTIES WILL NOT BE LIABLE FOR ANY LOST accordance with the Notice Provisions of this PROFITS (OTHER THAN THOSE IN CONNECTION Agreement. In the event a material breach has not WITH CLIENT’S FAILURE TO PAY IN been cured within the Cure Period, the non-breaching ACCORDANCE WITH THE TERMS OF THIS party can terminate the Agreement by providing the AGREEMENT, WHICH SHALL BE other party with a 30 business days’ notice. RECOVERABLE), LOST SAVINGS OR OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL 7.3 Upon Termination DAMAGES, EVEN IF IT HAS BEEN ADVISED OF Upon termination of the Agreement, the parties agree OR COULD HAVE FORESEEN THE POSSIBILITY to cooperate with one another to ensure that all OF THESE DAMAGES IN NO EVENT WILL Payments are accounted for and all refundable PAYMENTUS BE LIABLE FOR ANY LOSSES OR transactions have been completed. Upon termination, DAMAGES RESULTING FROM THE ACTS, Paymentus will cease all Services being provided OMISSIONS OR ERRORS OF THIRD PARTIES OR hereunder unless otherwise agreed in writing. OF CLIENT OR FOR PROVIDING AGREEMENTS, 8. Confidentiality INSTRUCTIONS OR INFORMATION TO USERS AS Client will not for any purpose inconsistent with the INSTRUCTED BY CLIENT. PAYMENTUS’ TOTAL Agreement disclose to any third party or use any LIABILITY FOR DAMAGES FOR ANY AND ALL Paymentus confidential or proprietary non-public ACTIONS ASSOCIATED WITH THE AGREEMENT information that Client has obtained during the OR THE SERVICES WILL IN NO EVENT EXCEED Page 6 288 Jufn!22/ procurement process or during the term of the 10.2 Notices Agreement about Paymentus’ business, including the All notices of any type hereunder (“Notices”) will be in terms of the Agreement, operations, financial writing and sent to the addresses indicated on the condition, technology, systems, know-how, products, signature page and except as otherwise provided in Services, suppliers, clients, marketing data, plans, these Terms and Conditions will be given by certified and models, and personnel. Notwithstanding the mail, a national courier or by hand delivery. Notices foregoing if the City must make a disclosure in will be considered to have been given or received on violation of the immediately preceding paragraph, it the date the notice is physically received. Any party will provide Paymentus with notice of its intent to by giving notice in the manner set forth herein may disclose such Confidential Information and unilaterally change the name of the person to whom Paymentus shall have five (5) business days from notice is to be given or the address at which the notice receipt of such notice to respond if Paymentus plans is to be received, by sending Notice to the other party. to take action to prevent such disclosure. Paymentus Notices to Paymentus shall also be copied to the will not for any purpose inconsistent with the attention of the Legal Department at the Paymentus Agreement or its privacy policy in effect from time to address. time disclose to any third party or use any confidential User information it receives in connection with its 10.3 Interpretation performance of the Services other than as required in It is the intent of the parties that no portion of the connection with the third parties described in Section Agreement will be interpreted more harshly against 5.4(i) above. either of the parties as the drafter. 9. Intellectual Property 10.4 Governing Law In order that Client may promote the Services and The Agreement will be governed by the laws of the Paymentus’ role in providing the Services, state of Minnesota, without giving effect to any Paymentus grants to Client a revocable, non- principles of conflicts of law. exclusive, royalty-free, license to use Paymentus’ logo and other service marks (the “Paymentus 10.5 Severability Marks”) for this purpose only. Client does not have any right, title, license or interest, express or implied If a word, sentence or paragraph herein is declared in and to any object code, software, hardware, illegal, unenforceable, or unconstitutional, that word, trademarks, service mark, trade name, formula, sentence or paragraph will be severed from the system, know-how, telephone number, telephone Agreement, and the Agreement will be read as if that line, domain name, URL, copyright image, text, script word, sentence or paragraph did not exist. (including, without limitation, any script used by 10.6 Attorney’s Fees Paymentus on the IVR or the Website) or other intellectual property right of Paymentus (“Paymentus Should any litigation or other dispute requiring the Intellectual Property”). All Paymentus Marks, involvement of attorneys arise between the parties Paymentus Intellectual Property, and the Platform concerning the Agreement, the parties agree to bear and all rights therein (other than rights expressly their own costs and attorney’s fees. granted herein) and goodwill pertain thereto belong 10.7 Force Majeure exclusively to Paymentus. Each of the Party’s will be excused from performing 10. Miscellaneous the Services or other non-monetary obligations to the 10.1 Authorized Representative extent such Party’s performance is delayed, impaired or rendered impossible by acts of God or other events Each party will designate an individual to act as its that are beyond such Party’s reasonable control and representative, with the authority to transmit without its fault or judgment, including without instructions and receive information. The parties may limitation, natural disasters, war, terrorist acts, riots, from time to time designate and notify the other party acts of a governmental entity (in a sovereign or of other individuals or change the individuals. contractual capacity), quarantine restrictions, explosions, extra-ordinary loss of utilities (including Page 7 289 Jufn!22/ telecommunications services), or external computer Any waiver by either party of a breach of any provision of this Agreement will not affect, in any respect, the “hacker” attacks. validity of the remainder of this Agreement. 10.8 No Third Party Beneficiaries. 10.14 Compliance with Laws Nothing in this Agreement, express or implied, is Paymentus shall exercise due professional care to intended to confer rights, benefits, remedies, comply with applicable federal, state, and local laws, obligations or liabilities on any person (including statutes, rules, ordinances, and regulations in effect Users or customers of the parties) other than the as of the date Paymentus agrees to provide the parties or their respective successors and permitted applicable services detailed in Exhibit A. assigns. 10.10 Entire Agreement 10.9 Data Practices Act Compliance The Agreement represents the entire agreement Data provided, produced or obtained under this between the parties with respect to its subject matter Agreement shall be administered in accordance with and supersedes all prior written or oral agreements or the Minnesota Government Data Practices Act, understandings related to its subject matter and Minnesota Statutes Chapter 13, if applicable. except as provided in the Agreement may be Paymentus will immediately report to Client any changed only by agreements in writing signed by the requests from third parties for information relating to authorized representatives of the parties. this Agreement. Paymentus agrees to promptly respond to inquiries from Client concerning data 10.11 Counterparts requests. The Agreement and any amendment or other 10.10 Audit document related to the Agreement may be executed in counterparts, each of which will constitute an Paymentus shall cooperate with Client, or its duly original, and all of which will constitute one authorized agents, and the state auditor or legislative agreement. The Agreement and any amendment or auditor who shall be granted reasonable access to other document related to the Agreement may be Paymentus’s books, and records pertaining to the signed electronically. A photographic or facsimile Services provided under this Agreement, provided copy of the signature evidencing a party’s execution that (i) Client provides Paymentus with advance of the Agreement will be effective as an original written notice, (ii) the audit does not occur more than signature. one time annually, (iii) Client conducts the audit in a manner that is non-disruptive to Paymentus’s business during reasonable business hours and (iv) in compliance with Paymentus’s security policies and procedures. Records will be maintained, and audits will be allowed pursuant to the above conditions for a minimum of six years from the termination of this Agreement. 10.11 No Discrimination Paymentus agrees not to discriminate in providing products and Services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. 10.12 Intentionally omitted. 10.13 Waiver Page 8 28: Jufn!22/ SCHEDULE A – PAYMENTUS FEE SCHEDULE TO THE MASTER SERVICES AGREEMENT BETWEEN THE CITY OF FRIDLEY, MN AND PAYMENTUS The Services will initially consist of those indicated by a check box on the following table. The Paymentus Fee will be as specified below, and will be paid by the Client, unless designated as a User paid fee. Check Check to Channels Advanced Payment Methods Paymentus Fee if User Select Services & Channels Paid the Fee Channel Utility Payments Instant EbillAll payment Credit/Debit Card Payment Presentment channels and $2.05 per Visa, MasterCard, Network™ and Customer methods offered Discover, and debit transaction Engagement under IPN such as utility rate PayPal, Venmo, PayPal Credit Non-Qualified Credit/Debit Card ,Secure PDF Push, 2.95% of the sales volume per Visa, Chatbot, Advanced MasterCard, Discover transaction Notification Service (ECM), Text 2 Pay, $.45 per eCheck/ACH transaction Voice Assistants, Mobile Apps and Chargebacks and returned checks others as offered by will be billed at $9.95 per item. Payments from time Outbound notifications include 500 to time phone, email and text notifications per month; additional usage invoiced at $0.20 per message. Direct Ebill Credit, Debit, ACH Credit/Debit Card Payments Presentment $2.05 per Visa, MasterCard, (Web, IVR, and Customer Discover, and debit transaction Recurring, Engagement utility rate Agent Assisted) Non-Qualified Credit/Debit Card 2.95% of the sales volume per Visa, MasterCard, Discover transaction $.45 per eCheck/ACH transaction General Terms and Conditions Page 9 Confidential & Proprietary 191108.1 FR520-8-844226.v1 291 Jufn!22/ Chargebacks and returned checks will be billed at $9.95 per item. Outbound notifications include 500 phone, email and text notifications per month; additional usage invoiced at $0.20 per message. Notes: Average Bill Amount: $180.00. Maximum Amount per Payment is $500.00. Multiple payments may be made. Chargebacks and returned checks will be billed at $9.95 per item. Outbound notifications included at no charge = 500 total notifications per month (phone, email or text); additional usage invoiced at $0.20 per message. Swipe Devices: First (one) at no charge. $225.00 ea. additional Check Check to Channels Advanced Payment Methods Paymentus Fee if User Select Services & Channels Paid Government the Fee Channel Payments Instant Ebill All payment 2.95%of sales volume per Payment Presentment channels and transaction for Visa, MasterCard, Network™ and Customer methods offered Discover, American Express Engagement under IPN such as credit/debit authorization. PayPal, Venmo, $0.45 per eCheck/ACH transaction PayPal Credit ,Secure PDF Push, Chargebacks and returned checks Chatbot, Advanced will be billed at $9.95 per item. Notification Service (ECM), Text 2 Pay, Voice Assistants, Mobile Apps and others as offered by Payments from time to time Direct Ebill Credit, Debit, ACH 2.95%of sales volume per Payments Presentment transaction for Visa, MasterCard, General Terms and Conditions Page 10 Confidential & Proprietary 191108.1 FR520-8-844226.v1 292 Jufn!22/ (Web, IVR, and Customer Discover, American Express Recurring, Engagement credit/debit authorization. Agent $0.45 per eCheck/ACH transaction Assisted) Chargebacks and returned checks will be billed at $9.95 per item. Notes: Average Bill Amount: $200.00. Maximum Amount per Payment is $5,000.00. Multiple payments may be made. Chargebacks and returned checks will be billed at $9.95 per item. Outbound notifications included at no charge = 500 total notifications per month (phone, email or text); additional usage invoiced at $0.20 per message. Swipe Devices: First (one) at no charge. $225.00 ea. additional General Terms and Conditions Page 11 Confidential & Proprietary 191108.1 FR520-8-844226.v1 293 Jufn!22/ Schedule A – Paymentus Service Fee Schedule, Additional Services Paymentus Service Fee charged to Client will be based on the following tables: Paymentus Solution/Service Paymentus Service Fee Paymentus Electronic Bill Presentment Set-Up $0.00 Annual Fee (Waived) (Standard e-Bill) $0.00 Monthly Hosting Fee (to be billed monthly) System Development System Set Up / Implementation File interface with CIS System loading fees Presentment fees Customer email notifications 13 month rolling historical e-bill hosting EPA (Enterprise Payment Aggregator / Bank Bill Start Up fee (Waived) and $0.10 per Pays item General Terms and Conditions Page 12 Confidential & Proprietary 191108.1 FR520-8-844226.v1 294 Jufn!22/ Schedule B – Client Payment Data Estimated Current Transaction Data Annual Quantity Average Bill BillsAmountAnnual Average Sales CitizenServe 100$ 500.00$ 50,000.00 Police 100$ 200.00$ 20,000.00 Utilities 32,000$ 180.00$ 5,760,000.00 Other Misc 50$ 100.00$ 5,000.00 Estimated Annual Total 32,250 $ 5,835,000.00 General Terms and Conditions Page 13 Confidential & Proprietary 191108.1 FR520-8-844226.v1 295