09/19/2011 - 6514FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19, 2011
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CI7YOE
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or
employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability,
age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in any of Frid�ey's services, programs, and activities. Hearing
impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact
Roberta Collins at 572-3500. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATIONS:
Student Foreign Exchange Week: September 19-25, 2011
Domestic Violence Awareness Month: October, 2011
PRESENTATION:
Smoke-Free Parks
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Resolution Approving the Temporary Closure of
Roadways for a Day in Each of the Following
Locations: Locke Lake Road, East of East River
Road; and Glencoe Street, West of East River
Road (Ward 3) ................................ 1 - 3
G�O�- 1 _
2. Resolution Declaring Cost to be Assessed and
Ordering Preparation of Proposed Assessment
for the Street Improvement Project No. ST.
2011-01 .......................................... 4 - 5
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Resolution Directing Publication of the Hearing
on the Proposed Assessment for the
Street Improvement Project No. ST.
2011-01 .......................................... 6 - 7
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4. Resolution Directing Preparation of the
Assessment Roll for the 2011 Nuisance
Abatement ....................................... 8 - 9
l.�t-� l�f�,
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDI:
5. Resolution Directing Publication of the Hearing
on the Proposed Assessment Roll for the 2011
Nuisance Abatement ...................... 10 - 11
6. Approve Revised Cooperative Agreement
between the City of Minneapolis and City
of Fridley Regarding Bicycle Parking
Project............................................ 12 - 16
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7. Appointment (Senior Appraiser)
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Claims (152285 — 152360)
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Licenses ...................
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10. Estimates ................
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ADOPTION OF AGENDA.
17
...... 18 — 24
25 — 26
.... 27
OPEN FORUM. VISITORS: Consideration of items not
on Agenda -15 minutes.
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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF SEPTEMBER 19, 2011
7:30 p.m. - City Council Chambers
Attendance Sheet
Please �rint name. address and item number vou are interested in.
Print Name (Glearly) Address ' Item No.
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` CITY COUNCIL MEETING OF SEPTEMBER 19, 2011
CffY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to,
or treatment, or employment in its services, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard
to public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired
persons who need an interpreter or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 572-3500. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATIONS:
Student Foreign Exchange Week: September 19-25, 2011
Domestic Violence Awareness Month: October, 2011
PRESENTATION:
Smoke-Free Parks
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Resolution Approving the Temporary Closure of
Roadways for a Day in Each of the Following
Locations: Locke Lake Road, East of East River
Road; and Glencoe Street, West of East River
Road (Ward 3) -
................................................................................................. 1 3
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19. 2011 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
2. Resolution Declaring Cost to be Assessed and
Ordering Preparation of Proposed Assessment for
the Street Improvement Project No. ST. 2011-01 ............................................ 4- 5
3. Resolution Directing Publication of the Hearing
on the Proposed Assessment for the Street
Improvement Project No. ST. 2011-01 ............................................................ 6- 7
4. Resolution Directing Preparation of the Assessment
Roll for the 2011 Nuisance Abatement ............................................................. 8- 9
5. Resolution Directing Publication of the Hearing
on the Proposed Assessment Roll for the 2011
Nuisance Abatement ....................................................................................... 10 - 11
6. Approve Revised Cooperative Agreement between the
City of Minneapolis and City of Fridley Regarding
Bicycle Parking Project .................................................................................... 12 - 16
7. Appointment (Senior Appraiser) ...................................................................... 17
8. Claims (152285 —152360) .............................................................................. 18 - 24
9. Licenses .......................................................................................................... 25 - 26
10. Estimates ........................................................................................................ 27
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19. 2011 PAGE 3
ADOPTION OF AGENDA.
OPEN FORUM. VISITORS: Consideration of items not on Agenda — 15 minutes.
NEW BUSINESS:
11. First Reading of an Ordinance Amending
Fridley City Code, Chapter 206, Building
Code, Section 206.07, Contractor's Licenses, to
Include Sanitary Sewer Service Cleaners ....................................................... 28 - 30
12. Approve Agreement for Legal Services
Between the City of Fridley and LeVander,
Gillen& Miller, P.A . ......................................................................................... 31 - 39
13. Informal Status Reports ................................................................................... 40
ADJOURN.
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Studer�t Foreig� Exchange Wee1�r
September s9 - September Z,s, �oss
. ,
WHEREAS, our community's greatest asset is our youth; and
WHEREAS, the American Field Service (AFS) organizes and administers a program which
brings students from around the world to our community; and,
WHEREAS, this interchange of culture and philosophy contributes to the education and
maturation of our youth in many and varied ways; and,
WHEREAS, it is the desire of the City of Fridley to show its appreciation and support to our
distinguished guests;
NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor for the City of Fridley,
hereby proclaim September 19 through September 25, 2011, as Student Foreign Exchange Week,
IN HONOR OF
JOSE MALDONADO FROM PERU
BE IT FURTHER RESOLVED, that Jose be made an honorary citizen of the City of Fridley,
Minnesota, during his stay.
IN WITNESS WHEREOF, 1 have hereunto set my
hand and caused the seal of the City of Fridley to be
affixed this 19`h day of September, 2011.
Scott J. Lund, Mayor
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�o�rrc nor,�avcE
AWARENESSM0IVTH
OCTOBER, Zoii
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WHEREAS, the community problem of domestic violence has become a critical public health and
welfare concern in Anoka County; and
WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka
County, and perpetrators of said crime are subject to prosecution and conviction in accordance with the
law; and
WHEREAS, thousands of women and children have and will continue to access assistance from
Alexandra House, Inc., a domestic violence service provider; and
WHEREAS, domestic violence will be eliminated through community partnerships of concerned
individuals and organizations working together to prevent abuse while at the same time promoting social
and legal change; and
WHEREAS, October is National Domestic Violence Awareness Month; and
WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will
inform area residents about domestic violence, its prevalence, consequences, and what we, as a
concerned community, can do to eliminate its existence.
NOW THEREFORE, BE IT RESOL i�ED, that I, Scott J. Lund, Mayor for the Ciry of Fridley, do hereby
proclaim the month of October, 2011, to be:
DOMESTIC VIOLENCEAWARENESS MONTH
in the City of Fridley, Minnesota.
IN WITNESS WHEREOF, I have set my hand
and caused the seal of the City of Fridley to be
affixed this 19`h day of September, 2011.
Scott J. Lund, Mayor
RECOMMENDATION
Staff recommends approval of the attached resolution allowing for the temporary closure of roadways
for the purpose of providing a space and a central location for neighborhood meetings.
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RESOLUTION NO. 2011 -
A RESOLUTION APPROVING THE TEMPORARY CLOSURE OF ROADWAYS FOR A
DAY IN EACH IN THE FOLLOWING LOCATIONS: LOCKE LAKE ROAD, EAST OF
EAST RIVER ROAD; AND GLENCOE STREET, WEST OF EAST RIVER ROAD
WHEREAS, Section 407.07.1B of the Fridley City Code states; An Obstruction Permit is required
to hinder free and open passage over a specified portion of the Right-of-Way for periods in excess
of 8 consecutive hours by placing equipment described therein on the right-of-way, to the extent and
for the duration specified therein; and
WHEREAS, the subject streets to temporarily include: Lock Lake Road proper, at the intersection
of Locke Lake Road and East River Road; Glencoe Street proper, at the intersection of Glencoe
Road and East River Road; and
WHEREAS, the dates for closure are as follows:
September 20, 2011, (Locke Lake area) Under a tent on Lock Lake Road proper, at the
intersection of Locke Lake Road and East River Road
September 27, 2011, (Riverview Heights area) Under a tent on Glencoe Street proper, at the
intersection of Glencoe Road and East River Road; and
WHEREAS, Each street location will be closed for a day; and
WHEREAS, An Obstruction Permit has been obtained from the City in accordance with City Code
Chapter 407; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that
permission be granted to temporarily close the City streets in each of 2 locations, as defined above,
and that they be permitted for a total of a day of closure in each location. T'his resolution is hereby
adopted by the City Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19�
DAY OF SEPTEMBER, 201 l.
ATT'EST:
DEBRA A. SKOGEN - CITY CLERK
SCOTT J. LUND — MAYOR
3
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QTY OF
FRIDLEY
TO:
FROM:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 19, 2011
WILLIAM W. BURNS, CITY MANAGER ��►�
DARIN R. NELSON, FINANCE DIRECTOR �Y '
GREG TIREVOLD, SPECIAL ASSESSMENTS
RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT
ROLL FOR THE STREET IMPROVEMENT PROJECT NO. ST. 2011-01
DATE: September 8, 2011
Attached you will fmd the resolution directing preparation of the assessment roll for the Street
Improvement Project No. St. 2011-01. This project included 168 properties.
The assessment will be for 10 years at a rate of 5.25%.
DRN/gt
Attachment
0
RESOLUTION NO. 2011-
RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING
PREPARATION OF PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT
PROJECT NO. ST. 2011-01
WHEREAS, the costs for the Street Improvement Project No. ST. 2011-01 have been estimated to
be $ 578,800.00 for the contract price for such improvement and $ 28,940.00 for expenses incurred
in the making of such improvement so that the total estimated cost of the improvement is
$607,740.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY,
MINNESOTA:
The portion of the cost of such improvement to be paid by the City is hereby estimated to be
$227,678.00, and the portion of the cost to be assessed against benefted property owners is
estimated to be $380,062.00.
Assessments shall be payable in installments extending over a period of 10 years, the frst of the
installments to be payable on or before the first Monday in January, 2012 and shall bear interest
at the rate of 5.25 percent per annum from the date of the adoption of the assessment resolution.
The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided by
law, and he shall fle a copy of such proposed assessment in his office for public inspection.
The Finance Director shall upon the completion of such proposed assessment, notify the Council
thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
19TH DAY OF SEPTEMBER, 201 l.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
SCOTT J. LUND - MAYOR
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CRY OF
FRia�r
TO:
I ;1U
AGENDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 19, 2011
WILLIAM W. BURNS, CITY MANAGER apl°
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DARIN R. NELSON, FINANCE DIRECTOR V�''
GREG TIREVOLD, SPECIAL ASSESSMENTS
SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC
HEARING NOTICE FOR THE STREET IMPROVEMENT PROJECT NO.
ST. 2011-01
DATE: September 8, 2011
Attached you will find the resolution directing publication of the public hearing on the
assessment roll for the Street Improvement Project No. ST. 2011-01. This project included l68
properties. These properties will be assessed an estimated total of $ 380,062.00.
The Public Hearing Notice will be published in the Focus newspaper on October 6, 2011 as
required by State Statute.
DRN/gt
Attachment
u
RESOLUTION NO. 2011-
RESOLUTION DIRECTING PUBLICATION OF THE HEARING ON THE
PROPOSED ASSESSMENT FOR
THE STREET IMPROVEMENT PROJECT NO. ST. 2011-01
WHEREAS, by resolution passed by the Council on September 19, 201 l, the Finance Director
was directed to prepare a proposed assessment of the Street [mprovement Project No. ST. 2011-01,
AND WHEREAS, the Finance Director has notified the council that such proposed assessment
has been completed and filed by his office for public inspection,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY,
MINNESOTA:
A hearing shall be held on the 24`h day of October, 2011 in the City Hall at 7:30 p.m. to pass
upon such proposed assessment and at such time and place all persons owning property affected
by such improvement will be given an opportunity to be heard with reference to such assessment.
The Finance Director is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to the hearing
and he shall state in the notice the total cost of the improvement. He shall also cause mailed
notice to be given to the owner of each parcel described in the assessment roll not less than two
weeks prior to the hearings.
The owner of any property so assessed may, at any time prior to certification of the assessment to
the county, pay the whole of the assessment on such property, with interest accrued to the date of
payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is
paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to
the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the succeeding year.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
19TH DAY OF SEPTEMBER, 2011.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
7
SCOTT J. LUND - MAYOR
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GTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 19, 2011
TO: WILLIAM W. BURNS, CITY MANAGER; �Q�
FROM: DARIN R. NELSON FINANCE DIRECTOR �
�
GREG TIREVOLD, SPECIAL ASSESSMENTS
SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT
ROLL FOR THE 2011 NUISANCE ABATEMENT
DATE: September 8, 2011
Attached you will find the resolution directing preparation of the assessment roll for the 2011
Nuisance Abatement. This project included approximately 35 properties.
The assessment will be for 1 year at a rate of 6.5%.
DRN/gt
Attachment
�
RESOLUTION NO. 2011
RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE
2011 NUISANCE ABATEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA,
AS FOLLOWS:
1. It is hereby determined that the assessable cost to the following named improvement to wit
2011 NUISANCE ABATEMENT
including all incidental expenses thereto is estimated at $34,591.10.
2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said
improvement against every assessable lot, piece, or parcel of land benefited by said
improvement according to law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
19TH DAY OF SEPTEMBER 2011.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
SCOTT J. LUND - MAYOR
�
CRY OF
FRIDLEY
TO:
FROM;
A�NDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 19, 2011
WILLIAM W. BURNS, CITY MANAGER r
�
DARIN R. NELSON, FINANCE DIREC�'OR �✓
GREG TIREVOLD, SPECIAL ASSESSMENTS
SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC
HEARING NOTICE FOR THE 2011 NUISANCE ABATEMENT
DATE: September 8, 2011
Attached you will find the resolution directing publication of the public hearing on the
assessment rol( for the 2011 NuisanceAbatement. This included some yard debris clean up, and
lawn service for a total of approximately 35 properties. The total assessment is estimated to be
$34,591.10.
The Public Hearing Notice will be published in the Sun Focus newspaper on October 6, 2011 as
required by State Statute.
DRN/gt
Attachment
10
RESOLUTION NO. 2011
RESOLUTION DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED
ASSESSMENT ROLL FOR THE 2011 NUISANCE ABATEMENT
WHEREAS, by resolution passed by the City Council on the 19�' day of September 2011, the
Finance Director was directed to prepare a proposed assessment of the cost of Nuisance
Abatement; and
WHEREAS, the Finance Director has notified the Council that such proposed assessment roll
has been completed and filed in his office for public inspection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka
County, Minnesota, as follows:
1. The City Council shall meet at the Fridley Municipal Center in the City of Fridley, Anoka
County, Minnesota on the 24th Day of October, 2011 at 7:30 o'clock P.M. to pass upon the
proposed assessment for:
2011 NUISANCE ABATEMENT
2. The Finance Director shall publish notice of the time and place of ineeting in the official
newspaper of the City at least two (2) weeks prior to such meeting.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
19TH DAY OF SEPTEMBER 2011.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
11
SCOTT J. LUND - MAYOR
an o�
At�at�r
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 19, 2011
William W. Burns, City Manager ��
�
James P. Kosluchar, Public Works Director
September 15, 2011
PW11-055
Approve Revised Cooperative Bicycle Parking Project Agreement with the City of
Minneapolis
On April 25, the Fridley City Council approved an agreement with the City of Minneapolis to
enable participation in a Transit for Livable Communities (TLC) project to fund bicycle racks in
selected metro cities. The City of Minneapolis subsequently approved the agreement with
minor revisions. The changes include one that allows the City of Minneapolis to use any racks
that are unused by the City of Fridley.
As with the original agreement, this agreement allows bidding and purchase of the bicycle
racks by the City of Minneapolis on behalf of the City of Fridley. The City of Fridley has the
ability under this program to coordinate and approve the installation of the bicycle racks within
the community. The entity receiving the bicycle racks is responsible for installation. City of
Fridley staff have coordinated selected locations (all public), and 51 racks are anticipated to be
installed under this project.
Staff recommends the City Council approve the attached revised cooperative agreement with
the City of Minneapolis for participate in the Non-Motorized Transportation Pilot Program
(NTP) Bicycle Parking Award (S.P. 141-091-28).
JP�k
Attachments
12
COOPERATIVE AGREEMENT BETWEEN THE
CITY OF MINNEAPOLIS AND CITY OF FRIDLEY
REGARDING BICYCLE PARKING PROJECT
THIS AGREEMENT, is made and entered into as of this 19�' day of September, 2011 by and
between the CITY OF MINNEAPOLIS, a Minnesota home rule charter city ("Minneapolis"), and the
CITY OF FRIDLEY, a Minnesota city ("City").
WITNESSETH:
WHEREAS, the CITY OF FRIDLEY desires to locate and construct new bicycle parking
facilities, State Project 141-091-028 ("Project") within its boundaries and has been determined to be
eligible for Federal Non-Motorized Transportation Pilot Project funds (hereby known as the "NTP"); and
WHEREAS, the CITY OF FRIDLEY recognizes and is relying on the CITY OF
MINNEAPOLIS to act as the financial agent for the receipt of NTP federal grant funds for this Project to
streamline the reporting requirements on behalf of the CITY OF FRIDLEY; and
WHEREAS, the CITY OF FRIDLEY is aware of and understands MnDOT Agreement No.
97553, the Project Memorandum dated August 16, 2010 and that City of Minneapolis is also an eligible
participant for this project and shall follow its provisions; and
WHEREAS, the CITY OF MINNEAPOLIS has agreed to act as the financial agent to receive
approximately $75,000 in NTP federal grant funds (MnDOT Agreement No. 97553) to procure and
furnish bike parking facilities on behalf of cities and counties that are eligible to receive NTP grant funds;
and
WHEREAS, the CITY OF FRIDLEY understands that the NTP federal grant funds will be used
to the procure and furnish the bicycle parking facilities but will not be used for the installation, operation
or maintenance of said facilities;
WHEREAS, the CITY OF FRIDLEY shall install and assume ownership, operation and
maintenance of the bike parking facilities at its own cost according to the federal NTP grant provisions
and this Agreement;
NOW THEREFORE, in consideration of the mutual promises and mutual obligations of the City
of Minneapolis and the CITY OF FRIDLEY each of them does hereby represent, covenant and agree
with the other as follows.
1. Minneapolis Obligations.
Minneapolis through its Director of Public Works or his/her designee shall carry out its iiscal agent and
Agreement responsibilities for the Project.
Minneapolis will advertise for bids to contract with a vendor to furnish (purchase and delivery) of
specified bicycle pazking facilities to each participating City/County.
13
Minneapolis will be responsible for maintaining financial records consistent with federal grant
requirements to keep track of all federal expenses related to these funds.
Minneapolis shall reimburse the approved vendor in a timely manner for any and all eligible federal
costs, and submit documentation for reimbursement to MnDOT when project documentation is
completed.
2. City/County Eligibility.
Each City/County agrees to perform the following at their own cost prior to becoming eligible:
a. Submit candidate locations for possible placement of bike parking facilities to Transit for Livable
Communities (TLC).
b. Provide the proper Minnesota Department of Transportation Right of Way Certificate No. 1-A for
installation locations, or obtain necessary easements to use private property to locate and grant public
access to the respective bike parking facilities.
c. Provide any environmental information on all proposed locations for a possible bike parking facility
required by the Cultural Resources Unit of the Minnesota Department of Transportation to assure
compliance with all applicable State and Federal environmental requirements.
d. Agree to provide suitable locations and install the bike parking facilities including but not limited to,
the construction of a bike parking foundation.
e. Agree to operate and maintain the bike parking facility for its useful life which for purposes of this
Agreement is five (5) years. The end date shall be December 31 following the fifth year anniversary
of installation. Given a 2011 installation, the end date of the useful life shall be December 31, 2016;
for a 2012 installation and end date of December 31, 2017; etc. Said operation and maintenance
includes, but is not limited to, repair or replacement of the bicycle parking facilities due to graffiti or
damage by others.
3. City/County Obligations.
Subject to the provisions of this Agreement and in conformance with the NTP federal grant and
appropriate provisions of MnDOT Agreement 97553, each participating City/County after approval of
eligibility agrees to perform the following activities at their own cost:
a. Submit a plan for each site(s) providing detailed information identified by the NTP Bike Parking
Request template provided by TLC.
b. Obtain written approval of the bike parking facilities site plan(s) by TLC and MnDOT Office of
Cultural Resources and State Aid prior to Minneapolis furnishing the bike parking facilities.
c. Request bike parking facilities to be furnished through the bid process administered by
Minneapolis. The costs to furnish the bike parking facilities will be funded by a Federal grant
awarded to Minneapolis. Minneapolis will furnish the bike parking facilities to each City/County
14
upon the following conditions:
i. Use its own local resources (staff and funds) to identify, prepare and install one or more
sites for the placement of bike parking facilities within its boundaries. The federal NTP
grant funds will not be used to reimburse the local resources.
ii. Install all bike parking facilities no later than 30 days from receipt of bike parking facilities
delivered from the vendor.
iii. Provide to TLC and Minneapolis proper documentation of the installation of bike parking
facilities in accordance with the approved site plan(s). Each City/County will submit to
TLC proper written and photo documentation after the bike parking facility has been
purchased, delivered and installed. The installation and its financial documentation must
be retained at each participating City/County for a length of time to allow for proper audit
and close out of the Project.
4. Removal of Bike Parking Facilities by City/County.
If a City/County elects to move or remove a bike parking facility prior to the end of its useful life, the
following procedures shall be followed.
A City/County may elect to move or remove the bike parking facility by declaring a greater public
purpose for the property or for reasons related to protecting the public health, safety and welfare. This
removal will not be granted based on lack of proper operation and maintenance duties required by each
City/County.
If the move or removal is for temporary purposes related to adjacent construction or development
purposes, defined as less than one year, and the facility will be reinstalled at the same location, then no
further action is needed.
If the move or removal of the bike parking facility will be for a period of time greater than one year, then
thirty (30) days prior to its removal, the City/County must notify Minneapolis of its intent to remove the
bike parking facility.
If the said bike parking facility will be moved to another location, then a relocation request and site plan
shall be submitted to Minneapolis. Minneapolis will coordinate with TLC, if the NTP program still
exists. Minneapolis shall either approve a new location within the City/County for the bike parking
facility or request that the bike parking facility be returned to Minneapolis for installation elsewhere in
the Twin Cities eligible NTP area.
Minneapolis will respond to the removal notifcation within the thirty (30) day notification period and
notify the participating City/County in writing of its decision.
Each City/County will be responsible for the removal and delivery cost of the bike parking facility to
Minneapolis, but will not be responsible for repayment of any NTP federal grant due to the removal of
the bike parking facility, Each City/County will relinquish a11 ownership and other rights for the
removed bicycle facility related to this Agreement and this Bicycle Parking Project.
15
The above removal provisions will no longer be in effect after the five (5) year useful life as described in
Section 2e.
IN WITNESS WHEREOF, the parties have set their hands as of the day and year first above
written.
CITY OF FRIDLEY
:
:
Scott Lund, Mayor
William Burns, City Manager
Reviewed and approved
:
Fritz Knaak, City Attorney
For the City of Minneapolis
Approved:
S
Public Works Department
Approved as to Form
:
Assistant City Attorney
Countersigned:
Finance Officer or Designee
16
�
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CITY OF
FRIDLEY
Name
Shawn
Halligan
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 19, 2011
Position
Senior
Appraiser
Appointment
Starting
Salanr
$24.43
per hour
17
Start
Date
October 3,
2011
Replaces
Lynn
Krachmer
` AGENDA ITEM
COUNCIL MEETING OF SEPTEMBER 19, 2011
�°F CLAIMS
FRIDLEY
CLAIMS
152285 - 152360
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CRY OF
FRIDLEIf
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 19, 2011
LICENSES
TYPE OF LICENSE:
Recycling & Solid Waste Provider
APPLICANT: APPROVED BY:
Twin City Refuse & Public Safety
Recycling - George Gobash Recycling Coordinator
Citv Clerk
25
= AGENDA ITEM
CITY COUNCIL MEETING OF September 19, 2011
�r�r oF LIC.ENSES
FRIDLEI(
26
` AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 19, 2011
FR a °� ESTI MATES
veit & co.
1400 Veit Place
Rogers, MN 55374
2011 Sanitary Sewer Lining Project No. 400
Estimate No. 1 ...................................................................................... $ 56,260.90
Valley Paving, Inc.
8800 —13�` Avenue N.E.
Shakopee, MN 55379
2010 Street Rehabilitation Project No. ST2010-01
FINALESTIMATE ............................................................................ $ 86,432.61
27
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�
CRY dF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 19, 2011
TO: William W. Burns, City Manager � I�' PW11-056
FROM: James P. Kosluchar, Public Works Director
DATE: September 15, 2011
SUBJECT: First Reading of an
Establishing License
Contractors
Ordinance Amending Chapter 206 of Fridley City Code
Requirements for Sanitary Sewer Service Cleaning
At the City Council meeting of September 12, 2011, a public hearing was held to take comments
relating to an Ordinance that would amend Chapter 206 of Fridley City Code and establish a licensing
requirement for Sanitary Sewer Service Cleaning Contractors. One letter was received from a
contractor, and one contractor spoke at the hearing. While both these contractors indicated that they
had no issues with their business being licensed for sewer cleaning, they both did provide comment
relating to the draft application that had been provided to them by staff. There was also one resident
comment in support of background checks for all field staff of any licensed contractor.
Staff feels it would be beneficial to license contractors so that the City is aware of service cleaning and
can take proper precautions with its mains to prevent backup of the property owner and neighboring
owners. The contractor that spoke at the hearing on September 12 indicated that this type of
coordination would be beneficial. While we do not expect that all residents would contact the City first
when they notice a sewer backup, a licensed contractor would contact the City, allowing us to take
precautions as necessary.
The contractor can also provide information to the homeowner that would be beneficial for the
homeowner to understand when they have a sewer service issue. These include policies of the City
outlining what services we do provide, and what maintenance is required of the owner.
Third, having adequate insurance to mitigate the cost to customers and/or the City of Fridley in the
event of an accident is important.
The proposed license would be annual, and no license would be required at the time of work. In an
emergency, we would allow a contractor to become licensed after any emergency work is performed.
The background check in the proposed draft application is voluntary and optional, and could be
eliminated if this is a concern of the City Council. The draft application could also be reduced in
specificity insofar as eliminating the vehicle listing.
�
The proposed Contractor requirements for licensure would include:
• A signed application with a nominal ($35) Annual License Fee
• Contractor's Liability and Workman's Compensation Insurance Certificates
• Submission to a Background Check (optional)
The proposed Contractor requirements during operations include:
� Contractor to disseminate all information provided by the City of Fridley to prospective
clients
� Contractor to notify the City of Fridley when cleaning is performed, to include the
location, time and date, status of cleaning, and status of any repairs recommended to
property representative
Attached is a draft ordinance for your review. Please note that the requirement for licensure is
proposed to be stipulated with over a dozen other contractors, including blacktopping companies, and
chimney sweeps. This regulation is intended to protect the City of Fridley, its ratepayers, and its
residents and property owners from undue damage that may be the result of sanitary sewer cleaning.
The City Council has the authority to impose qualifications required for this licensure, and would have
the authority to revoke or refuse to issue a license based on exercise of its reasonable discretion.
We ask that the City Council move the first reading of the proposed ordinance change to Chapter 206,
Fridley City Code.
JPK/jk
Attachment
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ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 206 BUILDING
CODE SECTION 206.07 CONTRACTOR'S LICENSES TO INCLUDE SANITARY
SEWER SERVICE CLEANERS
The City Council of the City of Fridley hereby fmds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
CHAPTER 206. BUILDING CODE.
Section 206.07. CONTRACTOR'S LICENSES
7. Specific Trades Licensed.
Licenses sha11 be obtained by every person engaging in the following businesses or work in
accordance with the applicable chapters of the City of Fridley.
A. General Contractors in the business of nonresidential building construction and residential
contractors with an exempt card from the state.
B. Masoruy and brick work.
C. Roofing.
D. Plastering, stucco work, sheetrock taping.
E. Heating, ventilation and refrigeration.
F. Gas piping, gas services, gas equipment installation.
G. Oil heating and piping work.
H. Excavations, including excavation for footings, basements, ewer and water line installations.
I. Wrecking of buildings.
J. Sign erectors, construction and repair, including billboards and electrical signs.
K. Blacktopping and asphalt work.
L. Chimney sweeps
M. Sanitary Sewer Service Cleaners.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 201 .
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Published:
30
SCOTT J. LUND, MAYOR
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 19, 2011
CRY 4F
FRIDLEY
Memo to: The Mayor and Council n'
From: William W. Burns, City Manager�l��
Subject: Contract for Legal Services
Date: September 15, 2011
Here is the contract for legal services that I have worked out with Darcy Erickson of LeVander,
Gillen, and Miller, P.A. She, in turn, has gotten the approval of her superiors in the firm.
Many of the terms in the contract are the same as those in the contract with Fritz Knaak. The main
difference in the new contract is that I have shifted us from a monthly stipend of $5,777 to a fee
for service arrangement. Under this arrangement we will be pay $100 per hour for up to fifteen
hours of Council and staff ineeting time each month. Most other charges will be billed at the rate
of $13 5 per hour and will be carefully documented.
There are also some new contract terms that were suggested by Attorney Chris Smith from the
League of Minnesota Cities who reviewed my proposed contract free of charge. His changes had
mostly to do with Insurance and Indemnification, Performance Review, and Dispute Resolution.
While Darcy Erickson had a few changes, they were mostly structural and typographical rather
than substantive. She was very gracious in taking less than twenty-four hours to return her
comments.
Where do we go from here with Fritz? Fritz will attend his last Fridley City Council meeting on
Monday night. Between now and his termination date on November 15, he will work with staff to
finish projects/cases that have been in the works.
Darcy Erickson will be here Monday afternoon to meet our staff. We will use this as an
opportunity to get to know each other and to provide some initial orientation on several topics,
including her fee schedule. She will officially begin her work with the City on October 1 and will
meet the Council at its pre-meeting on October 10.
If you have questions about the contract, it would be very helpful if you can e-mail them to
me over the weekend. In that way, I will have some time to research answers on Monday
prior to the meeting.
Although this change has some sad and painful aspects to it, I think it is truly in the best interest of
the City. With that in mind, I strongly recommend your approval of the attached contract with
LeVander, Gillen, and Miller, P.A.
31
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF FRIDLEYAND
LeVANDER. GILLEN & MILLER. P.A.
WHEREAS, the City of Fridley ("City"), a public body corporate and politic operating as a
home rule charter city under the laws of the State of Minnesota and located within the County of
Anoka, desires to have certain attorney services provided; and
WHEREAS, the City Council of the City of Fridley has selected the law firm of LeVander,
Gillen & Miller, P.A., ("Attorney") to serve as City Attorney and has authorized a contract
between the City and the Attorney;
NOW THEREFORE, IT IS HEREBY AGREED that this document by and between the City and
the Attorney shall be a binding obligation on behalf of all parties named.
I. Term.
This agreement shall be effective October 1, 2011. It shall be valid through December 31, 2016,
inclusive. It shall, however be terminated as provided in Section XIII.
II. Scope of Legal Services.
The following services shall be provided to the City by the Attorney as a matter of right under
the terms of this agreement:
A. Attendance at all regularly-scheduled City Council meetings, and upon request by the
City Council, attendance at all special meetings of the City Council or of any boaxd,
commission, or committee established by the City Council. In addition, the Attorney
shall meet with the City Manager, Mayor, City Council or other City official or
employee as required.
B. Drafting and reviewing local ordinances, charter amendments, and resolutions as
requested by the City. Assisting with the codifying of ordinances and maintaining a
current City Code or book of ordinances.
C. Drafting correspondence on behalf of the City as requested.
D. Answering by telephone and e-mail questions of City officials and staff.
E. Meeting with and advising the Mayor, City Council, City Manager, department
managers, Planning Commission, and other designated groups or individuals, on
general legal matters.
F. Providing basic legal support services to the Fridley Housing and Redevelopment
Authority ("HRA") including attendance at meeting of the HRA upon request.
32
G. Reviewing municipal contracts, joint powers agreements, and other legal documents
as requested.
H. Representing the City in condemnation and eminent domain proceedings.
I. Representing the City in the acquisition or sale of public property, and the drafting
and assigning of deeds, easements, and other real estate or land-use documents.
J. Researching and submitting legal opinions and interpretations on municipal or other
related legal matters as required, including such topics as PELRA, employment law,
and veterans' preference issues.
K. Briefing the City on proposed or newly adopted statutes, rules or regulations, as well
as any court decisions, agency rulings, or other official rulings or opinions, that could
have an effect on the City or the way it conducts business, and recommending the
appropriate amendments to ordinances, policies or other actions of the City in order to
comply with these changes in law.
L. Defending the City in all litigation, except in those cases where insurance companies
are required to provide defense or where the City chooses to hire specialized legal
talent.
M. Representing the City in Workers' Compensation proceedings.
N. Reviewing bond and insurance requirements required by or for City contracts or
activities.
O. Preparing reports on the status of City litigation and other legal matters, at the request
of the City Manager.
P. Reviewing documents submitted by bond counsel involving the issuance of debt or
debt-related instruments and providing comments as required.
Q. Assisting the City in the enforcement of City ordinances, including the prosecution of
cases arising out of the City's zoning, housing, rental housing and building codes.
R. Meeting with the City Manager on a regular basis, not less than quarterly, to review
all litigation and other pending legal matters of the City and providing a written report
of such litigation or other legal matters.
S. Provide in-house training to City staff on issues specified by the City Manager or his
designee.
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III. Fees.
The City shall compensate the Attorney subject to the following terms:
A. The Attorney shall provide up to fifteen hours monthly for attendance at Council
meetings, commission meetings and twice monthly meetings with City staff at the
rate of $100 per hour.
B. Except as provided in Paragraphs III(A), III(C), and III(D), the hourly rate for the
designated City Attorney and all firm attorneys assisting Fridley on any municipal
matter shall be $13 5 per hour.
C. More specialized work, including services provided in conjunction with civil
litigation, public improvement projects, and eminent domain shall be billed at the rate
of $150 per hour according to details provided in Appendix A.
D. Development Paid Services, as defined in Appendix A, shall be billed at the rate of
$200 per hour according to the details provided in Appendix A.
E. Compensation for the Attorney's legal assistants shall be billed at the rates and paid
according to the details provided in Appendix A.
F. The minimum increment of time billed for each service, including telephone calls,
legal research, correspondence, email correspondence and personal conferences is
one-tenth (.1) of an hour.
G. Costs for which the firm would be reimbursed include travel (other than to and from
the Fridley Municipal Center), Westlaw changes, Anoka County filing and recording
fees, Anoka County online property record search fees, and photocopies. Fee details
are described in Appendix A.
H. The firm shall provide monthly billing. The bills shall identify all charges by billing
number, the time spent on the matter, and a detailed description of the work
performed. The precise format of the billing statement shall be agreed to by the City
and the Attorney.
IV. Responsible Attorney and Staff.
Darcy M. Erickson shall be the primary attorney for the City. In Ms. Erickson's absence, Korine
L. Land shall assume the duties of primary attorney. In Ms. Land's absence, Jay P. Karlovich or
Bridget M. Nason shall assume the duties of primary attorney. Ms. Erickson and Ms. Land shall
be responsible for the performance of this agreement, although they may be assisted by other
attorneys or support staff in the firm.
3�4
V. Conflicts of Interest.
The Attorney shall not accept any client or project which would knowingly place it in a conflict
of interest with the services to be provided to the City under this agreement. If a conflict of
interest should develop, the Attorney shall be responsible for taking the necessary steps to
comport its representation of the City with the Lawyers Code of Professional Responsibility.
The Attorney shall be responsible for any additional costs incurred by the City in obtaining
additional legal representation if such representation becomes necessary due to a conflict of
interest.
VI. Assignment of Services and Agreement.
LeVander, Gillen & Miller, P.A., shall not assign any interest or obligation of this Agreement
without the prior written consent of the City.
VII. Affirmative Action.
Because the City requires and follows a policy of Affirmative Action and will not tolerate
discriminatory acts, the Attorney shall not discriminate against any person on the basis of age,
sex, religious beliefs, political affiliations, or other protected classifications under federal, state,
or local laws or regulations.
VIII. Work Product.
All ordinances, resolutions, correspondence, and other documents or materials drafted for the
City by the Attorney or by other LeVander, Gillen & Miller, P.A., attorneys on behalf of the City
shall, upon their completion, become the property of the City.
IX. Insurance and Indemnification.
Attorney agrees to maintain a valid policy of Professional Liability Insurance for the duration of
this agreement. Said policy will be valued at $2,000,000 per occurrence and the City Attorney
will provide a certificate of insurance showing such coverage.
Attorney further agrees to defend, indemnify, and hold harmless the City, its agents and
employees against all causes of actions against the City or any of its agents or employees that
arise from or as a result of the Attorney's negligent actions, negligent omissions, or negligent
advice under the terms of this Agreement.
X. Employment Status
It is expressly understood that the City Attorney is an independent contractor. Any employees
assigned by the City Attorney to perform obligations under this agreement shall remain the
exclusive employees of the City Attorney for all purposes, including, but not limited to wages,
salary, benefits, and Workers' Compensation.
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XI. Performance Review
The City and its Attorney agree that the City may formally review the performance of services
by the Attorney under this agreement on an annual basis. The form and content of such
evaluation shall be determined by the parties.
XII. Dispute Resolution
The parties agree to act in good faith to undertake resolution of disputes in an equitable and
timely manner and in accordance with the provisions of this agreement. If disputes can not be
resolved informally by the parties, the following procedures shall be used:
* Mediation. Whenever there is a failure by the parties to resolve a dispute on their own, the
parties shall first attempt to mediate the dispute. The parties shall agree upon a mediator, or if
they can not agree, shall obtain a list of court approved mediators from the Anoka County
District Court Administrator and select a mediator by alternatively striking names until one
remains. The City shall strike the first name followed by the Attorney, and shall continue in that
order until one name remains.
* Litigation. If the dispute is not resolved within thirty (30) days after completion of inediation,
the parties may litigate the matter.
XIII. Termination.
The City or Attorney may terminate the terms of this agreement upon sixty-days' written notice
with or without cause. Failure by the City or the Attorney to comply with any of the terms of
this agreement shall be grounds for immediately terminating this agreement, as shall be the
City's dissatisfaction with the Attorney's performance under the agreement. Upon termination
of this agreement, the City sha11 only be responsible for the monthly fee and any additional
billings accrued as of the date of termination.
Further, the City expressly reserves its right to hire independent counsel on matters it determines
require an attorney with more experience or expertise in a particular field. In such a situation,
the City shall remain responsible to the Attorney for the monthly fee provided under this
Agreement along with any billings not related to the matter for which special counsel was
retained. The City shall only be responsible to the Attorney for extra expenses in relation to the
matter for which special counsel is retained if the City names the Attorney as co-counsel in the
matter or otherwise requests the attorney's participation.
3�6
XIV. Acceptance.
The terms of this agreement are hereby accepted and made binding upon and between the City of
Fridley and the law firm of LeVander, Gillen & Miller, P.A.
CITY OF FRIDLEY
By:
Scott J. Lund
Mayor
By:
William W. Burns
City Manager
�7
LeVANDER, GILLEN & MILLER, P.A.
:
:
Darcy M. Erickson
Korine L. Land
Compensation (Appendix A)
Scope of Services Fees
Legal opinions, research, ordinance and $135.00 per hour for all attorneys.
resolution drafting, telephone conference, $95.00 per hour for all legal assistants.
personal conferences, correspondence,
agreements, contracts and related documents
and general civil legal administration;
consultation with department heads and city
administration; calling to the attention of the
City Council all matters of law affecting the
City; approve as to form all bonds and
insurance required to be submitted to the City;
criminal prosecution of code enforcement,
property maintenance, licensing and rental
housing code violations; attend City Council
meetings, HRA meetings, commission
meetings and other meetings as requested.
All City capital improvement projects, $150.00 per hour for all attorneys.
including Minn. Statute Chapter 429 projects. $110.00 per hour for all legal assistants.
All acquisitions of interests in lands by direct
negotiation and preparation of real estate
transfer documents. All HRA project matters,
including development projects, redevelopment
projects, development coordination and
financing, purchase agreements, easements,
leases, general contract negotiation and
drafting, analysis of coordination of
development districting, title research, eminent
domain direct purchase and relocation
activities, and meetings with developers,
regulatory agencies and other governmental
authorities for HRA project matters.
All City or HRA civil litigation, mediation, $150.00 per hour for all attorneys.
arbitration for eminent domain acquisitions, $110.00 per hour for all legal assistants.
relocation administrative proceedings, special
assessment appeals, land use, zoning, liquor
licensing and other permit litigation, collection
litigation, performance and payment bond
proceedings and employment litigation.
A-1
CI•]
Compensation (Appendix A)
Scope of Services Fees
All Development Paid Services. $200.00 per hour for all attorneys.
"Development Paid Services" means providing $125.00 per hour for all legal assistants.
legal representation on behalf of the City or
HRA for those matters that are in turn re-billed
by the City or HRA to a developer or applicant
for a land use permit or for a license or for
financial assistance. Development Paid
Services include, but are not limited to
development contract negotiation and drafting,
eminent domain proceedings for development
districts and public improvement projects for a
specific developer. Development Paid
Services also include litigation in furtherance
of a developer's or applicant's project.
Mileage (To and from City Hall) No charge.
Mileage Reimbursement. Applicable IRS approved rate.
Westlaw Legal Research Actual cost.
Anoka County Online, Property Record Actual cost.
Recorder, Recording, Filing Fees for which
chazges are composed.
Photocopying; Color Copies $.20/page; $.49/page
All time will be billed in minimum increments of one-tenth (0.1) hour.
LeVander, Gillen & Miller, P.A., agrees that this fee structure shall remain in effect from
October 1, 2011 through 2016.
Any proposed fee adjustment after the initial years of representation will be submitted to the City
Council for its review, and any proposed fee adjustment will be supported by the appropriate
market data.
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` AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 19, 2011
CRY OF
FRIDLEY
INFORMAL STATUS REPORTS
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