03/12/2012 - 7183FRIDLEY CITY COUNCIL MEETING OF MARCH 12 2012
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QTY OF
FR�LEY
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.
(TTDI572-3534)
PLEDGE OF ALLEGIANCE.
PROCIAMATION: Meals on Wheels Day - March 21, 2012
710 :�e or Progra�ns 1 b
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APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS ICOtJTISJUEDI:
5. Receive Bids and Award 2012 Cooperative
Street Maintenance Contract, Project No.
ST2012-10 33 - 36
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APPROVAL OF MINUTE :��� ��� -��O c,( t�
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City Council Meeting of February 6, 2012 �
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City Courlcil Meeting of February 13, 20i2
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NEW BUSINE5S: �. I�"�� �' Y� S�b�� �-
1. Resolution Ordering Improvement, Approval of
Plans and Ordering Advertisement for Bids:
2012 Water Main Project No. 404 ..... 1- 7
(�, �'
��Appr� License Agreement between the City
I d th Count of Anoka for Use
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C.%
4.
of Frid ey an e y
of Digital Ortho and Oblique Aerial
Photographs P.....�U.�..._ 8�� S �
e,s�_
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Resolutio� ing into a Joint Powers Agreement
with the State of Minnesota, Bureau of Criminal
Apprehension (BCA), and the City of Fridley and
Authorizing the Public Safety Director to Act as the
Authorized Representative for the City and to Execute
Said Agreement ........J......... .............. 14 - 21
�171�1J�1� >�
r
Approve a Joint Powers Agreement Establishing the
Regional All-Hazards Incident Management
Organizatio� ............................... 22 - 32
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Approve a Supplemental Authorization and Payment
to the City of Golden Valley for Project No. 397,
North Innsbruck Water Main Structura4
Lining 37 - 38
Claims (154082 - 154388) .._...... 39 - 63
p. �tk ���j � S�op��
Licenses ................ 64 - 65
`•" Receive Bids a�d Award Contract for 2012
Miscellaneous Concrete Repair Project
No. 417 (TO BE ADDED TO AGENDA.) ��3
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ADOPTION OF AGENDA: �� �' � l? S�
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OPEN FORUM VISITORS: Consideration of items not
on Agenda - 15 minutes.
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PUBLIC HEARING:�
9. Preliminary Assessment Hearing for
Jackson Street Storm Sewer Improvement
ProjectNo.4�.l.......g.....Z.� �5�.5
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NEW BUS{NESS:
10. Resolution Approving the Joint Powers Agreement
for the Mississippi Watershed Management
Org rf¢ ion---..... .. . 70 - 115
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FRIDLEY CITY COUNCIL MEETING OF MARCH 12 2012 PAGE 2
OLD BUSINESS;
11. Second Reading of an Ordinance Amending the
Fridley City Code, Chapter 121, Sections 121.01
and 121.02, Enacting Section 121.01.6, and
Repealing Section 121.03, Related to the
Consumption and Display of Liquor .. 116 - 125
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12.
73.
Second Reading of an Ordinance Adopting
City Code Chapter 604 Related to Consumption
and Display Permits and Amending Chapter 11,
Section 11.1D, Establishing Fees ...... 126 - 127
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Second Reading of an Ordinance Amending
the Fridley City Code, Chapter 602,
Sections 602.02.3, 602.02.5, 602.05.1, 602.05.3,
and 602.14.1; Chapter 603, Sections 603.02,
603.07.1, 603.092, 603.24, and 603.26.1;
and Chapter 606, Sections 606.09.1 and
606.12.1, Related to On-Sale 3.2% Malt
Liquor, On-Sale Intoxicating Liquor and
On-Sale I�toxicating Liquor-Clubs;
and
Adopt Officiai Title and Summary
Ordinance ................................. .
��P�'�s ��
128 - 139
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14. Second Reading of an Ordinance Amending
the Fridley City Code, Chapter 508, Sections
50821, 508.21.4, 508.21.5 and Enacting City
Code, Chapter 508, Section 508.21.5.E, Related
to the Sale and Consumption of Aicohol in
City Parks and at the Springbrook Nature
CentgF . ............. ........�..................... 140 - 141
�Y.•
NEW BUSINESS (CONT(NUEDi:
16_ Resolution Ordering Jackson Street Improvement
Project No. 413, Authorizing Preparation of Final
Pfans and Specifications, Authorizing the
Ad�ertisement for Bids, and Authorizing Preparation
of Preliminary Proposed Assessment Roil
for Pending Assessment Reporting
Purposes .....................�,................ 150 - 153
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����3�/a 54�
PRESENTATION:
77. Annual National Pollutant Discharge Elimination
System (NPDES) Review of Fridley's Stormwater
Pollution Prevention Plan (SWPPP) for
2011 .................................................... 154
18. Informal Status Report ...................... 155
ADJOURN. � C� . � �
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NEW BUSINESS: � �,
15. First Reading of an Ordinance Amending the
Fridley City Code, Chapter 1, Legislative
Body, Peftaining to Ward and Precinct
Boundaries ......................................... 142 - 149
����� ��
QTY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF MARCH 12, 2012
7:30 p.m. - City Couacil Chambers
Attendance Sheet
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CITY COUNCIL MEETING OF MARCH 12, 2012
qTY 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 pubiic
assistance. Upon request, accommodation will be provided to allow individuals with disabifities 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. (i-fD/572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATION: Meals on Wheels Day — March 21, 2012
PRESENTATION: Senior Programs
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 6, 2Q12
City Council Meeting of February 13, 2012
NEW BUSINESS:
1. Resolution Ordering Improvement, Approval of
Plans and Ordering Advertisement for Bids:
2012 Water Main Project No. 404 ...................................................................... 1- 7
2. Approve a License Agreement between the City
of Fridley and the County of Anoka for Use of
Digital Ortho and Oblique Aerial Photographs ................................................... 8- 13
FRIDLEY CITY COUNCIL MEETING OF MARCH 12 2012 PAGE 2
APPROVAL OF PROPQSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Resolution Entering into a Joint Powers Agreement
with the State of Minnesota, Bureau of Criminal
Apprehension (BCA), and the City of Fridley and
Authorizing the Public Safety Director to Act as the
Authorized Representative for the City and to Execute
Said Agreement ................................. .............. 14 - 21
...............................................
4. Approve a Joint Powers Agreement Establishing the
Regional All-Hazards Incident Management
Organization......:............................................................................................... 22 - 32
5. Receive Bids and Award 2012 Cooperative Street
Maintenance Contract, Project No. ST2012-10 .................................................. 33 - 36
6. Approve a Supplemental Authorization and Payment
to the City of Golden Valley for Project No. 397, North
Innsbruck Water Main Structural Lining ............................................................. 37 - 38
7. Claims (154082 — 154388) ................................................................................. 39 - 63
8. Licenses ....................................................................................................... 64 - 65
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARING:
9. Preliminary Assessment Hearing for
Jackson Street Storm Sewer Improvement
ProjectNo. 413 .................................................................................................. 66 - 69
FRIDLEY CITY COUNCIL MEETING OF MARCH 12. 2012 PAGE 3
NEW BUSINESS:
10. Resolution Approving the Joint Powers Agreement
for the Mississippi Watershed Management
Organization....................................................................................................... 70 - 115
OLD BUSINESS:
11. Second Reading of an Ordinance Amending the
Fridley City Code, Chapter 121, Sections 121.01
and 121.02, Enacting Section 121.01.6, and
Repealing Section 121.03, Related to the
Consumption and Dispiay of Liquor .................................................................. 116 - 125
12. Second Reading of an Ordinance Adopting
City Code Chapter 604 Related to Consumption
and Display Permits and Amending Chapter 11,
Section 11.10, Establishing Fees ....................................................................... 126 - 127
13. Second Reading of an Ordinance Amending
the Fridley City Code, Chapter 602,
Sections 602.02.3, 602.02.5, 602.05.1, 602.05.3,
and 602.14.1; Chapter 603, Sections 603.02,
603.07.1, 6�3.09.2, 603.24, and 603.26.1;
and Chapter 606, Sections 606.09.1 and
606.12.1, Related to On-Sale 32% Malt
Liquor, On-Sale Intoxicating Liquor and
On-Sale Intoxicating Liquor-Clubs;
and
Adopt Official Title and Summary Ordinance ....................................................... 128 - 139
14. Second Reading of an Ordinance Amending
the Fridley City Code, Chapter 508, Sections
508.21, 508.21.4, 508.21.5 and Enacting City
Code, Chapter 508, Section 508.21.5.E, Related
to the Sale and Consumption of Alcohol in City
Parks and at the Springbrook Nature Center .................................................. 140 - 141
FRIDLEY CITY COUNCIL MEETING QF MARCH 12. 2012 PAGE 4
NEW BUSINESS:
15. First Reading of an Ordinance Amending the
Fridley City Code, Chapter 1, Legislative Body,
Pertaining to Ward and Precinct Boundaries ..................................................... 142 - 149
16. Resolution Ordering Jackson Street Improvement
Project No. 413, Authorizing Preparation of Final
Plans and Specifications, Authorizing the
Advertisement for Bids, and Authorizing Preparation
of Preliminary Proposed Assessment Roll for
Pending Assessment Reporting Purposes ......................................................... 150 - 153
PRESENTATION:
17. Annual National Pollutant Discharge Elimination
System (NPDES) Review of Fridley's Stormwater
Pollution Prevention Plan (SWPPP) for 2011 ..................................................... . 154
18. Informal Status Report ....................................................................................... 155
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
FEBRUARY 6, 2012
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember Saeflce
Councilmember Varichak
Councilmember Bolkcom
Councilmember Barnette
OTHERS PRESENT: William Burns, City Manager
Dazcy firickson, City Attorney
James Kosluchar, Public Works Director
Deb Skogen, Ciry Clerk
Don Abbott, Public Safety Director
Pam Reynolds, 1241 Norton Avenue NE
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of January 23, 2012
Councilmember Saeflce said Page 6, Paragraph 7, should read, "in accordance.'
APPR4VED AS CORRECTED.
OLD BUSINESS:
Second Reading of an Ordinance Establishing Chapter 224 of the Fridley City Code,
Entitled, "Stormwater Illicit Discharge Detection and Elimination."
William Bvrns, City Manager, stated this legislation was proposed to bring Fridley into
compliance with MPCA requirements associated with municipal separate storm sewer systems
(MS4) permitting. IC identifies types of pollutants not permitted to flow into the City's storm
sewers and streams, and provides a variety of local tools for enforcing the law.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6. 2012 PAGE 2
Dr. Burns stated since the first reading, tbe City Attomey has suggested two minor
modifications to Section 224.08. One adds an exception for ice control materials. The other
clarifies language related to the exception for non-storm water discharges that are permitted
under an existing NPDES permit. The proposed legislation has been reviewed and approved by
representatives from the MPCA. Staff recommends Council's approval.
Councilmember Varichak referred to page 1, last paragraph. It should be "second" reading and
not first reading.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1288 ON SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
2. Receive the Minutes from the Planning Commission Meeting of January I8, 2012.
RECEIVED.
3. Resolution Approving a Subdivision, Lot Split, LS #12-01, to Create Two Boildable
Lots, Generaily Located at 551 Hugo Street N.E. (Ward 3).
Dr. Bums stated the City's HRA is requesting Council's approval of a lot split for property it
owns at 551 Hugo Sueet NE. The lot split will enable the HRA to sell this property for
construction of two new homes. The residential structure that was there has been razed, and the
lots are ready far resale pending CounciPs approval of the ]ot split. Staff recommends Council's
approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Resolution Approving an Access Agreement between the City of Fridley and MDW
Equity, LLC, Thereby Authorizing the Appropriate City Signatures and Allowing
Execution of Said Agreement.
Dr. Bnrns stated the agreement allows our environmental consultant, Leisch & Associates, to
enter the CITGO site on University Avenue for purposes of taking soil borings and asbestos
samples. The testing of these samples is required for submittal of a Tax Base Revitalization
Grant application the City intends to submit by February 15. If the application is successful, the
grant will allow the City to acquire the CITGO property, raze the building, and remove the fuel
tanks. Staffiecommends CounciPs approval.
ADOPTED RESOLUTION NO. 2012-07.
5. Resolution Identifying the Need for Livable Communities Transit Oriented
Development (TOD) Funding aud Authorizing ApplieaHons for Grant.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6. 2012 PAGE 3
Dr. Burns stated the resolution authorizes staff to file Tax Base Revitalization Account (TBRA)
and Transit Oxiented Development (TOD) Grant applications with the Metropolitan Council.
The TBRA Grant application would fund the CITGO site acquisition and clean-up. The TOD
application would permit the construction of an off-road bikeway walkway on the west side of
Main Street between 57`" Avenue on the north and 43`d Avenue on the south. The bikeway
walkway project as it is defined would span I-694 and cost an estimated $1.7 million. The grant
would fund $300,000 of the $1.7 million cost. The remainder would be drawn through the
proceeds of a federal highway administration grant the City should be hearing about this month.
Dr. Burns stated the City's request for the TBRA funding would amount to $250,000. Of this
amount, $150,000 would be used for acquisition. The remainder would cover building
demolition and site clean-up. No City or HRA money would be involved in this project other
than staff time to meet grant- reporting requirements. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2012-08.
6. Resolution Ordering Improvement, Approval of Plans and Ordering Advertiseme�t
for Bids: Sanitary Sewer Lining Project No. 416.
Dr. Burns stated the City has budgeted $195,000 for sewer lining projects five azeas in 2012.
The resolution authorizes staff to seek bids for these projects. Staff recommends CounciPs
approval.
ADOPTED RESOLUTION NO. 2012-09.
7. Resolution Ordering Advertisement for Bids: 2012 Miscellaneous Concrete Repair
Project No. 417.
Dr. Burns stated the project includes replacement of sidewalk, paving, curbing, and other
miscellaneous concrete work arising as a resu]t of utility repairs and other unforeseen events.
The City has $39,950 budgeted for these repairs. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2012-10.
8. Approve Assignment of Consulting Services Agreeme4nt for 2012 GIS Technical
Assistance.
Dr. Burns stated in January our contractor for GIS technical assistance, the GIS Rangers,
merged with Northstar Geographics to form Flat Rock Geographics. While there aze no changes
in the personnel who will be working for Fridley or in the terms of the existing agreement, the
agreement does require Council's approval for the change in ownership. Staff recommends
CounciPs approval.
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6, 2012 PAGE 4
9. Claims (153691 -153860).
APPROVED.
10. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
11. Estimates
Shank Constructors, Inc.
3501 — 85`� Avenue North
Brooklyn Park, MN 55443
WTP 3 Filtex and Chemical Feed Project No. 405
FINAL ESTIMATE ............................................ $ 11,977.00
APPROVED.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item No. 3 ba removed from the Consent Agenda.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item
No. 3. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYF., MAYOR LUND DECLARED THE
MOTIQN CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 3.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM: No one from the audience spoke.
NEW BUSINESS:
12. First Reading of an Ordinance Amending Chapter 2, Section 2.06, of the Fridtey
City Charter, to Allow for a Vacancy of a Council Member to be Filled by
Appointment.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6 2012 PAGE 5
Debra Skogeu, City Clerk, stated in May, 201 �, the Minnesota State Legislature made changes
to the 5tate election laws by changing the date of the primary elections and determining when
special elections can or cannot be held. Changes were brought to the Charter Commission for
thair review and discussion. The biggest change to tkie new election law is the City's inability to
hold a special election any time between the State primary and the genera] election. In 2012, that
would be between Augusi 14 and November 6 and within 40 days of the general election which
would bring us through December 19.
Ms. Skogen stated the Charter Commission reviewed the current language, reviewed other city
charters for examples, discussed several amendments with the City Council in a joint session,
and made a recommendation that a vacancy should be filled by an appointment hy the City
Council.
Ms. Skogen stated State law reyuires publicatian of the amendments and a public hearing before
the first and second readings. The notice of the ordinance and public hearing was published in
the Fridtey Sun Focus on January 5, 12, and 19 of this year. The public hearing was held
January 23 with no testimony provided from the public opposing the amendment. Staff
recommends CounciPs approval of the first reading of this ordinance.
MOTION by Councilmember Saeflce tu waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Bolkcom.
UPON A VOICE VQTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. First Reading of an Ordinance Amending the Fridley City Code, Chapter 121,
Section 121A2, and Repealing Section 121.03, Related to the Consumptian and
Display of Liquor
and
First Reading of an Ordinance Adopting Fridley City Code, Chapter 604, Related to
Consumption and Display Permits, and Amending Chapter 11, Section ll.10,
Establishing Fees.
Debra Skogen, City Clerk, stated during the review of the City's liquor code, inconsistencies
were found within Chapter 121 regarding the consumption and display of alcoholic beverages.
While Section 121.02 prohibits the use of 3.2 percent malt liquor or intoxicating liquor in any
private or parking uea, Section 121.03 allows the Police Department to issue an intoxicating
liquor consumption or display permit.
Ms. Skogen stated the City Attorney reviewed our City Code and Minn. Stat. Ch. 340A and
found Section 340A.414 requires a consumption and display permit for the consumption and
display of any alcoholic beverages for businesses that do not hold an intoxicating liquor license.
The City Code is less restrictive and, therefore, inconsistent with State law.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6, 2012 PAGE 6
Ms. Skogen stated there are two types of consumption and display permits. There is an annua]
permit which is only issued by the State of Minnesota after the Ciry approves it. The license
e�cpires on March 31 of each year, and the State fee is $250. They do aliow the City to charge up
to $300 for a fee. On the one-day permit, the City may issue up to ten individual one-day
permits to non-profit organizations with social activity in the City sponsored by the organization.
The State law sets that fee at no more than $25.
Ms. Skogen stated eligibility for an annual license are for restaurants, hotels, establishments that
are licensed for the sale 3.2 percent malt liquor which are resorts, bed and breakfast facilities, a
club that does not hold an on-sale intoxicating liquor license, or any applicant who in the past
five years has not been convicted of a felony or violating any provision of Minn. Stat. Ch. 340A.
Ms. Skogen stated the amendmeni to Chapter 121 would provide new language refening to the
Minnesota state law and repeal authority of the Police Department to issue consumption and
display permits. The enactment of Chapter 604 allows the City the abiliTy to apprave an annual
license and issue one-day permits allowed by law, allows the Police Department the ability to
recommend the use of uniformed officers on site during the permit, and authorizes the Police
Department to suspend the license if there is a pQSSibility of a threat to public safety or
infringement of peace and tranquility.
Ms. Skogen stated Chapter 11 recommends setting the City fees in the amount of $300 for an
annual license approval and $25 for a one-day permit. Staff recommends a motion holding the
first reading of an ordinance amending Chapter 121 pertaining to alcohol and consumption and
then a motion holding the first reading of an ardinance enacting Chapter 604 and establishing the
fees for those licenses.
Councilmember Saetke asked if the $300 fee the City is imposing was in addition to the $300
fee to the 6tate.
Ms. Skogeu replied, a$250 Yee to the State.
Councilmember Saefke asked if someone applies, it will cost them $550.
Ms. Skogen replied, yes, and that would provide for a thorough police background check and
any other items the Police Department might need for enforcement and for the processing of the
license.
Councilroember Bolkcom asked regarding 5ection 121.02(1), it says they cannat consume
intoxicating liquor in any connecting parking lot. 5he asked how the Ciry would allow, for
example the Lions to do that.
Ms. Skogen replied that is under the review of the law. They found the City had been issuing
permits without the authority to issue them. This changes that. The City can now issue a ooe-
day license that is not associated with a parking lot pursuant to Chapter 604. Chapter 121 is
mainly for the current licensees that have liquor licenses.
FRIDLEY CTTY COUNCIL MEETING OF FEBRUARY 6 2012 PAGE 7
Councilmember Bolkcom asked how she would know reading this. She thinks the ordinances
aze confusing. You read one and do not know what applies. It does not say anything about that.
It says, "repealing consumption and display of liquor."
Darcy Erickson, City Attorney, replied they are in multiple places in the City Code. In
reviewing the Lions' questions, as well as just a general review of some of the provisions, they
discovered there was an inconsistency between temporazy permit issuance and then this
provision that prohibited consumption in parking lots or other areas that were not on the licensed
premises which is typically an enclosed azea noted on a person's liquor license. Under
121.02(1), it states, "under Chapter(s) 602 or 603 ... including any parking azea connected with
or a part of the land area of the premises of any private bottle club, fraternal organization, or
other private club, defined in Chapter 605_ It is refening to all three sections of the City Code
related to 3.2 percent malt liquor, inCoxicating liquor, or clubs. Paragraph (3) allows it and
creates an exception if you have a temporary permit or another permit.
Councilmember Bolkcom stated what is so confusing about these ordinances is what they do or
do not apply to.
Councilmember Bolkcom asked, under paragraph (3), there are three underlined sentences, "�
the Citv, �Fno person" is that a long sentence.
Mayor Lund stated, yes, it is one long sentence.
Councilmember Bolkcom asked if they could rewrite ii so it does not run on for so long.
Attorney Erickson stated it could be redrafted if they want to set it Qut in a different format, but
the intent here was to describe that, unless you have some type of permit ar license, whether
issued by the City or State, you cannot do this.
Councilmember Bolkcom asked, but are we writing this ordinance for everyone to understand
or just an attorney and the City Clerk. She thinks they should make it simple enough so the
average person can read it and understand it.
Councilmember Bolkcom asked what is "any other institution of training or education?"
Attoroey Erickson replied she thinks that might be referencing theic definition of school or
university. She believed that might be pulled from the zoning definition of university or school.
She stated with respact to Councilmember Bolkcom's concerns about paragraph (3), they could
radcaft it in a format laying it out in a numbered or lettered list.
Councilmember Bolkcom replied, she thinks it would be a lot better.
Councilmember Bolkcom asked in Section (2) it states, "repealed as follows:" and then there is
nothing there. It is all crossed out.
Ms. Skogen replied, it is repealing that language below it.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6 2012 PAGE 8
Councilmember Bolkcom asked if there will be a Section 2.
Ms. Skogen replied Section 2 is paft of this ordinance. The first parC amends Chapter 121.02
and the second part repeals the language for Section 121.03. This is the ordinance and when
they provide it in the City Code and it is physically changed, it will no longer be there. lf you
aze doing research some time in the future and you want to know why the law was changed, or
how it was changed, this provides that infonnation. Because they are taking it out of the City
Code, they will now enact a new chapter, Chapter 604, which is going to give the City the
authority to approve an annual license ar to issue a one-day permit for consumption and display
of alcohol.
Attomey Erickson stated the reason they are doing that is because it is a True permit that is
authorized by State law and they thought it was appropriately placed in Chapter 604. All of the
permits and licenses shauld be found there and should help readers and users of the Code,
Councilmember Bolkcom asked if Chapter 604 applied to temporazy licenses or aJl licenses.
Ms. Skogen replied, this would apply to anyone who wants to consume and display permits as
allowed by State law. Annual permits can be issued to restaurants that do not currently have an
on-sale retail license. A hotel, an establishment licensed for the sale of 3.2°!o malt liquor, a
resort, a bed and breakfast facility, a club who does not have oo-sale intoxioating liquor, or
somebody who has not had a felony for the past five years, the permit can be issued by the State
for the annual permit or the one-day permit in the case of an organization that wants to have a
social event since these can only be issued to non-profit organizations. For example, if the
Rotary Club decided they wanted to have an event and serve alcohol, but people would only
consume the alcohol and not pay for it, they would apply for a consumption and display permit.
Councilmember Bolkcom asked it is only non-profit organizations that are sponsoring the
social eventin Fridley.
Ms. Skogen replied, for the one-day permits.
Councilmember Bolkcom asked what a display permit was.
Attorney Erickson replied this permit allows the holders to allow peaple to consume and
display it on the premises; but they are not actually selling it. For example, a restaurant that does
not have a liquor license but has an adjacent room where a book club meets once a month. They
can come in, bring their own alcoholic beverage and consume it on premises, but the
establishment itself is not selling it, That would be something under the annual permit. The
temporary is for non-profits who do not fatl into that category of hotel, restaurant; and it is for a
limited duration.
Councilmember Bolkcam asked Tegazding 604.01(3), if they can charge $300 why does it not
just say that instead of, "not to exceed $300?"
Ms. Skogen replied, that is the way the State law is written.
FRIDLEY CITY COUNCIL MEETING Ok' FEBRUARY 6, 2012 PAGE 9
Councilmember Bolkcom asked regarding 604.02(7), it states, "Permits may be suspended by
the Public Safety Director, or a police officer under their direction, when, in the Director's
opinion ..." Does that mean a police officer has to call the Director and ask him?
Don Abbott. Director of Public Safety, replied, their intent was to not requixe a consult with the
Directar at that point. Basically the delegated authority resting in the Diractor is given to the
officer who is on duty in the City when it occurs.
Councilmember Baikcom replied, would it not be easier to say, "Permits may be suspended by
the Public Safety Director or a police officer when there is a public safety danger or infringement
>,�
Chief Abbott replied, he believed that is something they could change but, yes, the intent was ta
allow the officers on duty at the time to make that decision.
MOTION by Councilmember Saeflce to waive the reading of the ordinances and adopt the
ordinances on first reading. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. First Reading of an Ordinance Amending the Fridley City Code, Chapter 508,
Section 508.21.S.D, and Enacting City Code, Chapter 508, Section 508.21.S.E,
Related to the Sale and Consumption of Alcohol at the Springbrook Nature Center.
Debra Skogen, City Clerk, stated during a review of the City's liquor code, the City Attorney
and staff also reviewed this section related to the sale and consumption of alcoholic beverages at
the Springbrook Nature Center because of recent State law changes.
Ms. Skogen stated a new State law allows retail on-sale licensees to dispense intoxicating liquor
off theix lieensed premises at a community festival held within the City or at any convention,
banquet, conference, meeting, or social affair conducted on the premises of a sports, convention,
or cultural facility owned by the City. As Springbrook Nature Center is a City-owned facility,
this change in the law would a11ow Springbrook to wark with any of the on-sale intoxicating
liquor license holders in the City or with a State-licensed caterer to piovide those sexvices.
Ms, Skogen stated the law prohibits dispensing intoxicating liquor to any person attending or
participating in youth amateur events being held on the premises. Also, the City is defining that
a youth athletic event as any event whose participanis are 18 years of age or younger.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6. 2012 PAGE 10
Ms. Skogen stated an ordinance to Chapter 603 would include the same language allowing for
the on-sa]e licensees to dispense intoxicating liquor at any community festival or cultural facility
owned by the City. This allows for Springbrook Nature Center to contract for receptions and
social avents within the interpretive center and/or adjacent outdoor designated space which was
approved by the City Council in 2007. While it removes language requiring a private party to
contract with the City of Fridley as an approved licensed caterer, it does not preclude the Nature
Center from setting a similar policy as part of this contract. Staff recommends CounciPs
approva7 of the first reading of this ordinance.
Mayor Lund asked, identifying an amateur athletic event as any event where participants are 18
years of age or younger, why not just simply state '"under 21.°
Ms. Skogen replied the State was silent on the issue. An 18-year old may be participating in ar�
adult event rather than a youth amateur athletic event. Staff discussed this and decided to keep it
the same as State law.
Councilmember Bolkcom asked, if the Springbrook Foundation could have their own party and
sell alcohol. It states a private party may contract with the holdar of a state caterer's germit.
Ms. Skogen replied they have to have a state caterer's permit. The City is now adding additional
language allowing a City-licensed retail on-sale licensee to dispense the liquor off of their
licensed premises at any convention, banquet, conference, meeting, or socia] affair conducted on
the premises of Springbxook Nature Center. They took out the language, "a City of Fridley
licensed caterer" and added Section (2) which allows any of our current licensed on-sale
establishments to take food and alcohol into Springbrook Nature Center without a state caterer's
permit or without any other special permit.
Councilmember Bolkcom asked if the Nature Center could hire someone who has a license?
She asked if the Lions could sell alcohol there.
Ms. Skogen replied she believed they would have to contract with someone to provide that.
Councilmember Bolkcom said we did not get rid of the holders of the state caterers permit. It is
still in there.
Ms. Skogen said the only thing they are taking out is the requirement that the CiYy holds a list of
approved caterers. The Springbrook Nature Center can actually set a policy that they work with
specific caterers as opposed to having the City Code tell them they have to do it. It is allowing
them to actually contract with a sYate caterer or with one of the local licensed establishments.
Councilmerober Bolkcom said the Springbrook Nature Center would have to contract or have
some type of association with someone who has a license with the City of Fridley, or they have
to be someone who has a state catering permit.
Ms. Skogen replied that is har understanding.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6 2012 PAGE 11
Attorney Erickson said that might be something they want to verify. She does not have Section
340A.404 with her, but it might be that a non-profit, much like a park perhaps, could be utilized.
If a non-profit organization had a temporary on-sale, whether 3.2 percent or intoxicating liquor,
it might be that they could still do that That is a good question.
Councilmember Bolkcom asked which section is that?
Attorney Erickson replied, it is §340A.404 in State law. That is the reference to the cultural
center, sports complex, and banquet facility.
Councilmember Bolkcom stated maybe that is something they could find out about before the
next meeting.
Attorney Erickson replied, potentially based on what State law says, it might l�e able to be
inclusive of other recognized permits or licenses.
Councilmember Bolkcom said they are crossing off the 18 years of age and younger because
below that section, it section it outlines what a youth amateur athletic event is.
Councilmember Saetke stated he understands if someone has a state caterer's license, they can
serve alcoholic bevarages here, and they just got done passing an ordinance amending the City's
old one saying the State must approve liquor licenses for an annual license, conect?
Attorney Erickson replied, just the consumption and display permit. That is a different permit
than a state caterer's permit.
Councilmember Saetke stated he understands, but what if they both serve alcohol? For
example, he owns a restaurant in Spring Lake Park and his liquor license is held there, He has
paid the State fee and is licensed to sell liquor. A party wants his establishment to provide the
beverages for the event in one of the City's public buildings and wants to get their food from
some place else, can they do that?
Ms. Skogen said they cannot do that. The state caterer's permit requires them to provide food
and alaoho] as if they were serving it on-site in their premise.
Attorney Ericksan stated you cannot divide it.
Councilmember Saefke stated if the State is issuing him a license for the sale of liquor, why is
it not valid somewhere else if he applies for the one-day and pays the City $25?
Attorney Erickson replied, she cannot answer the question. Cities do not approve state caterer's
permits. They are a state-issued license. She does not Irnow what the wisdom of the legislature
was on that, but it is a very confusing set of statutes.
Ms. Skogen read the State law which says, "A commissioner may issue a caterer's permit to a
restaurant holding an on-sale intoxicating liquor license issued by a municipality. The holder of
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY b. 2012 PAGE 12
a state caterer's permit may sell intoxicating liquor as an incidental part of a food service serving
prepared meals other than the premises for which the holder's on-sale intoxicating liquor license
is issued." The serving of alcohol is incidental to the food.
Pam Reynolds, 1241 Norton, stated the memorandum on the website talked about amending
Ordinance 1239. She thinks there was a newer one amended in 2007 which is ] 279.
Ms. Skogen stated Ordinance 1239 is the ordinance that allows tham to sell 3.2 percent malt
liquor or wine. The newer one, 1279, added ihe ability to sell strong beer.
Ms. Reynolds stated the memo references, for a social affair conducted on the premises of a
sports convention or cultural facility owned by the City. They said that a"cultural facility" is a
term used by the State. Does the State use the term, "nature center?"
Attorney Erickson replied, it is undefined by State law. She believes Ms. Skogen has spoken
4vith State liquor authorities regarding the Springbrook Nature Center and they are of the opinion
the Springbrook Nature Center would fall into "cultural center" under the statute they are
discussing.
Ms. Reynolds asked whether this has any requirement, as the City's liquor licenses do, with
respect to the ratio of liquor to food. For example, a caterer comes in to do Spring Fling. Are
they going to be required to have the ratio the City requizes restaurants to have of the 40 percent
liquor sales to food?
Attorney Erickson replied, to have a City license they have to meet those requirements. That
wauld apply to someone coming into the facility. They have to meet that at their existing
establishment. She does not know whether that counts to the events held off premises that
Springbrook or otherwise would count towards that.
Ms. Skogen stated it would be part of their profit, part of their sales. Her inteipretation is it
wQUld include those. At the end of the year, when they report to the City what their food-to-
liquor ratio was, that would be included in that figure, It does not inc]ude it for a specific event
at that location.
Ms. Reynolds asked, and if they aze coming from another municipality?
Ms. Skogen stated that may not be a requirement of their license in that other community.
Councilmember Saefke asked when there are sofrball games and community events, such as
`49ers Days, is 3.2 percent beer typically available. Last year they permitted strong beer. There
was no requirement to his knowledge of food-to-]iquor consumption because it was a temporary
permit which was only good for a day or two and that is what these things are. A social event. If
you are going to have something such as a wine tasting, you are going to have cheese and
crackers. He doubts you would ever get to a 60/4Q percent with that. Also there are provisions
in here for the Police Department to chapero�e these events if necessary so that things would not
get out ofhand.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY b, 2012 PAGE 13
Ms. Reynolds stated so the premise of the two items is to expand Springbrook's ability to move
closer and closer to being a country club instead of a nature center.
Mayor Lund stated that was not the intent, but her previous questions have some validity as to
whether there is some contradiction in sections of the Code if an outside caterer comes in.
Ms. Skogen stated with a state caterer's permit is that alcohol is incidental to the food.
Mayor Lund stated the Kotary and the Lions actually had a wine tasting events there.
Ms. Skogen stated they sell tickets ahead of time. They do not have to have an intoxicating
liquor license, they can only hdd the event open for four hours and there is food.
Mayor Lund stated there is some regulation elsewhere in the Code that talks about those
specific events.
Councilmember Bolkcom asked if there was a new State law related to allowing people to have
on-sale licenses at a community festival.
Ms. Skogen replied yes, that is why they were bringing this forward at this time because the
State law changed in 20ll . When she went to training last year, they were citing Murzyn Hall in
Columbia Heights as an example. The Lions provide the alcohol there. Basically what he said is
they could now do it with this type of a license by adding this type of language. The liquor
would be served by the Lions Club for anyone who contracted with Murzyn Hall.
Mayor Lund stated this was brought about because staff was looking at the changes to all of the
City's ocdinances,
Ms. Reynolds stated the State law has changed, but does Fridley not have the right to maintain a
stricter set of rules?
Mayor Lund replied yes.
Councilmember Bolkcom replied on a liquor license but not on this kind of law, can they?
Attorney Erickson replied she did not have the statute in front of her. Generally cities do have
that power, but she thinks it is a policy decision. It is permissible under State law.
Councilmember Bolkcom asked but is that not related more to restaurants and establishments
the City is giving a liquor license to. As in the past, they can do a little bit more related to those
rypes of establishments. They are talking about community activities, such as the Rotary Club
and all the ones who aze trying to make a little money for their club. The Nature Center would
get some funds out of renting that property oul but could it not also be done at some other area in
the City? They are not going to get a portion of those profits. The Rotary Club can have an
event, charge $10 or $20, and make some money for their own clubs for activities and sponsor
other things.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6, 2012 PAGE 14
Ms. Reynolds stated that is in 508 and then when you get into the next one you will be opening
it up all over everywhere.
Mayor Lund stated her point is the City could be more restrictive and say, do not allow beer,
wine, alcohol — any of those things ihe State law is permitting; but the City is more restrictive.
He does not know if that is an infringement on others. He guessed the question is moot if you
have a caterer allowing for food and incidentally aicoholic beverages. They just dQ not allow it,
like the school district does not allow it.
Ms. Reynolds asked if Chapter 508 is for Springbrook?
Mayor Lund replied, yes.
Ms. Reynolds stated and then the next i[em?
Ms. Skogen replied it becomes part of the intoxicating liquor code so that the two codes work
together in conjunction with each other. The only reason they brought this forwazd is because of
the brand new law. They told them they could do this, and it allows the Nature Center not only
to work with a state caterer from another community, but to work with our licensed
establishments in the City. If we could provide that service to them, they would no longer have
to get a State caterer's permit. It would save them money, and the whole issue is the liquor
would still be incidental to the food.
Ms. Reynolds asked, sa Pickle Park could go do it.
Ms. Skogen replied, if they became one of the Nature Center's approved caterers. What the
Nature Center wants to do is work with specific caterers or licensed facilities here in the City.
They could pick and choose whom they wanted. Also, if the City rented out this bui]ding for
those types of things, it could also work. The Nature Center at this time is really the only one
that rents out rooms for private events. That is why they are bringing it forward for the Nature
Center as opposed to any of the other City-owned buildings.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saetke.
UPQN A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. First Reading of an Ordinance Amending the Fridley City Code, Chapter 602,
Sections 602.02.3, 602.02.5, 602.051 and 60214.1; Chapter 603, Section 603.02,
603.07.1, 603.Q9.2, 603.24, and 603Z61, and Chapter 606, Section 609.09.1 and
606.12.1, Related to On-Sale 3.2°/a Malt Liquor, On-Sale Intoxicating Liquor and
On-Sale Intoxicating Liquor Clubs.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6, 2012 PAGE 15
Debra Skogen, City Clerk, stated staff received a request from the Fridley Lions and the `49er
Days Committee about the possible issuance of a temporary liquor license to locate their event at
Moon Plaza for more visibility for this year's summer festival. Staff reviewed the City Code and
discovered inconsistencies between the chapters regarding the distance requirements between a
chwch and a schoo] and the number of temporary licenses the City could issue to any one
organization or location. Staff inet with the City Attomey to address those concerns.
Ms. Skogen stated when reviewing the ]iquor codes, the City Attorney recommended updating
or modifying Yhe language and amending other sections of the City Code related to liquor
consumption and display. As a result of the review, the City Attorney has recommended
repealing Section 602.02.5 regarding an exemption for free beer which appears to be
contradictory to State law and the consumption and display permit. Based on these concerns, the
City Attorney recommended amending the City Code and at the same time updating or
modifying the Code to bring it up to date. The Lions and `49er Days did not ask the City to
change it.
Ms. Skogen stated with respect to Section 602.02, the changes modify the language of
temporary on-sale 3.2% malt liquor to bring it cunent with state law. Section 602A2.5 repeals
the free malt liquor. The Minnesota Alcoho] Gambling and Enforcement Division felt this
section was contradictory to State law and their interpretation that a business cannot give away
free beer without a temporary display permit or have contracted with a caterer approved by the
State.
Ms. Skogen stated with respect to the section entitled "Granting of License," it is recammended
to repeal the language refening to the liquor license board, as the City Council has served in that
capacity for the past 40 years. It is a change in terminology as to who is responsible for
administering the license from the City Manager to the City Clerk, and revising language
allowing the City Council to approve a liquor ]icense at the same meeting.
Ms. Skogen stated under the sections entitled, `'Patio Endorsements," they are creating an
exception for a temporary license from the patio endorsement requirement.
Ms. Skogen said in Chapter 603, they are enacting language authorizing on-sa]e licensees to
dispense intoxicating liquor off of the license premise at any communiry festival within the City
or at any convention, banquet, conference, meeting, or social affair held within the City at a city-
owned sports convention or cultural facility. There was a change to State law and, when sha
attended liquor licensing Uaining last fall, they told them of the change. Staff feh this was a
good time to update this. It also creates an exception for a temporary intoxicating liquor license
to a 400-foot distance requirement from a church or school so it is consistent with Chapter 602
for temporazy 3.2 percent malt liquar.
Ms. Skogen stated in addition, they are amending the ]anguage regazding who may apply for a
temporary on-sale liquor license to make it consistent with State law and changing the number of
temporary on-sale intoxicating liquor licenses one organization or location may apply from two
per year to that permitted by State law. The City can issue 3 four-day licenses, 4 three-day
licenses, 6 two-day licenses, or 12 one-day licenses to any one location or any one organization.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6, 2012 PAGE 16
Ms. Skogen stated staff recommends a motion holding the first reading of an ordinance
amending Chapters 602, 603, and 606 related to on-sale 3.2 percent malt liquor, on-sale
intoxicating liquar, and on-sale intoxicating liquar for clubs.
Councilmember Bamette asked if they would still have to enter the patio only from inside the
establishment.
Ms. Skogen replied conect. However, with a temporary liquor license, because it is usually not
associated with a building the City is creating an exception to that.
Councilmember Bolkcom asked why they felt they could approve the license at the same
meeting as a public hearing.
Ms. Skogen replied there has been a lot of discussion in the past as to whether they can approve
them at the same meeting. Tbe City Code does not allow that opportunity. This does not say
you have to approve it at the same meeting, but it gives you an opportunity. Sometimes we get
licenses that come in late, and they want to get going and open. You hold the public hearing and
two weeks later you would approve their Iicense, and the City would still have to submit it ta the
State. All this says is it allows them the ability to approve the license if they want to. It does not
require them to.
Councilmember Bolkcom stated just because they put in their license late, it does not seem to
her a good reason to do something. She understands that by making this change, they would see
a public hearing and wauld see it as an actual action item later on the agenda. If they need more
information or have any concerns, they would not approve it.
Ms. Skogen replied the city that she worked at before approved it at the same meeting. They
approved it right after the public hearing. It did not go onto a list of licenses.
Councilmember Bolkcom asked if they knew why the City does it this way.
Ms. Skogen replied, no. It has been done this way since she started. Staff could find out.
Councilmember Bolkcom stated she is curious as to why it is being changed.
Ms. 5kogen stated there have been questions in the past and they thought this was a good time
since they are modifying the language.
Councilmember Bolkcom asked regarding Temporary Licenses, non-profits are the only ones
who can get a temporary license.
Ms. Skogen replied yes.
Councilmember Bolkcom asked if anyone could be a non-profit.
Attoruey Erickson replied, she thinks you have ro file as a 317A, non-profit, under the Internal
Revenue Code.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6, 2012 PAGE 17
Councilmember Bolkcom stated under 602.Q2(5), the word subject is spelled "subj4ecY' on the
second line. She asked regarding "NQ I,ate Night License Endorsement shall be etfective after
April 30, 2008," is that in the ordinance.
Ms. Skogen replied, that is the way it is currently written. She knows at one point they were
looking at having a late night endorsement sunset in 2008, and now would be the rime to change
that.
Councilroember Bolkcom stated we do have a late night endorsement.
Ms. Skogen stated they did it in 20�6 and it was going to sunset and then it went for another
year. They may have fQrgotten to come back to the Council to make a conection. Maybe now
would be a good time to remove that last sentence.
Councilmember Bolkcom stated they shouid remove it. It would make sense. However, they
should also maybe have someone review it and tell them if there have been any related issues.
She asked whether the Director would be willing to do that tonight or later on. It really does not
make sense the way it is in theTe now. It is beyottd 2008.
Ms. Skogen asked Councilmember Bolkcom if she would like them ta provide her with a repoR.
Councilmember Bolkcom replied, yes, she thinks that would make sense to be provided with a
report befora the next reading. She referred to 602.05(I}(A), "The Public Safety Director shall
cause to be made such investigation of the information requested in Section ..."
Ms. Skogen replied, the anly thing they have changed would be anything added or stricken out.
Otherwisa, the language is as it currently is in the City Code.
Councilmember Bolkcom asked if it could iead better.
Ms. Skogen stated they will find it is the same in other sections of Chapter 602, 603, and 606.
Councilmember Bolkcom stated as long as they aze laoking at them, they should be made clear
and distinct. Perhaps what is now Section (B} could be laid out in a numbered format. Also,
regarding Section (C), what is a"reasonable time?"
Attorney Erickson replied she does not have an answar to that. It depends on what they might
learn at their public hearing or in the background. She does not know if you can define
reasonable time. It depends on the facts and circumstances of each case.
Ms, Skogen replied that is something in the past where there may have been more in the
background and they may need to hold a public hearing. At that public hearing you find
something else, and they may want to continue the public hearing.
Councilmember Bolkeom stated if she were someone applying for a license, if they were to
read that, how would they know what a reasonable time would be?
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6, 2012 PAGE I8
Ms. Skogen replied, they usually tell them it takes 60 days for the license to be approved.
Councilmember Bolkcom asked if there is anything in the ordinance about what would happen
if they did not pay their taxes. The City had an establishment that had some non-payment of
taxes, and they lost their abiliry to buy alcohol.
Ms. Skogen replied, sha did not think there was anything in the changes. It might be under the
conditions of the license.
Councilmember Saefke stated he thought it might be under State Statute.
Councilmember Bolkcom stated, for example, Baggan's Pub could no longer buy any
intoxicating beverages. It does not mean the City can shut them down.
Attorney Erickson replied there is a reference to unpaid financial claims in Chapter 602.07.
Mayor Lund stated to Councilmember Bolkcom she is talking about several different types of
taxes. She is talking about the liquor tax.
Councilmember Bolkcom replied, conect.
Mayor Lund stated under their liquor license they have to buy the alcohol from a wholesaler,
and they collect the ta�c. He thinks there is an issue with that if they aze not paying their liquor
tax, the license can be suspended/revoked.
Councilmember Bolkcom said she thought when they looked at Baggan's, they were not
allowed to revoka their license.
Ms. Skogen replied their lice�se to purchase alcohol is revoked at that time.
Couacilmember Bolkcom stated, right. It does not mean they cannot still sell what they had.
Ms. Skogen replied, right, but they cannot go into a liquor store and purchase at retail prices.
Councilmember Bolkcom stated there is really nothing in the City Code regarding not paying
property or liquor ta�ces.
Ms. Skogen stated there is in $ection 603.03, under application. It is not in the new Code, it is
in tbe current Code. It says whether or not all real estate, special assessments, and personal
property taxes for the premises to be licensed which are due and payable have been paid and, if
not, the years and amounts whieh are unpaid. They have always used that to say, if you have not
paid your ta�ces, then you are not eligible for a license.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6. 2012 PAGE 19
Councilmember Bolkcom asked when staff is looking at license renewals before the end of
Mazch, do they check'to see if the property taxes are paid. If they have not paid the property
taxes, would the City renew their license?
Ms. Skogen replied that would be a reason for not renewing their license. They would have to
pay it prior to the time the staff brings it forward. The City also looks at that under new
licensees as well to make sure that ali of their taxes, special assessments, and utilities are current
and up to date.
Councilmember Bolkcom asked throughout the State or only on the property they have since it
is a brand new property.
Ms. Skogen replied, for example, they have the Himalayan Restaurant which is now becoming
Bombay Palace. The LLC is the same, but the name is different; and there are two instead of one
partners. Staff will be bringing their license at the next meeting. 5he asks whether they are up to
date on their utilities, checks the County website to see if their taxes have been paid and any
outstanding special assessments on that property.
Councilroember Bolkcom asked if the City checked their property taxes all over the state.
Ms. Skogen replied she does not, but the Police Department in their background check does a
thorough financia] background on the owners before it comes to Council for a public hearing.
Councilmember Bolkcom refened to page 90, there is the same thing under 603.02, "effeetive
after Apri130, 2008," is still in there. She asked staff to look at that before the next reading.
MOTION by Councilmember Saeflce to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
16. Resolution Receiving Report and Calling for Hearing on Improvement for Jackson
Street Improvement Project No. 413.
James Kosluchar, Public Works Director, stated they are here to receive the feasibility report
and set the public hearing date for this project. The discharge from sump pumps along the 7300
and 7400 blocks of Jackson Street have created problems on and off the street, including slippery
conditions, chronically wet yards, and difficult maintenance.
Mr. Kosluchar stated the project's scope is limited to Jackson Street from 73rd Avenue to 75`h
Avenue, and improvements to be considered in the feasibility report include storm sewer and
streeY rehabi]itation. They usually hold an open house during the feasibiliYy process to alert those
who might be impacted by the project, solicit input regazding the project and its need, discuss
project concerns, and provide staff information regarding existing issues. Staff held an open
house on December 14, 2011.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6, 2012 PAGE 20
Mr. Kosluchar stated owners of eight pmperties attended the open house, and there were
mailings to 22 properties. There was a presentation by staff during which they discussed
assessment, construction, and service connections, etc., of the plan for receiving sump pump
dischazge. It was also brougbt to their attention there was strong support for storm sewer and
street rehabilitation on this segment.
Mr. ICQSluchar stated on January 9, Council received a petition for both storm water
improvements and street improvemenis. Both were signed by over a dozen residents. On
January 23, 2012, the City Council passed a resolution directing staff to prepare a preliminary
report and preliminary plans and specifications, This allowed staff to officially begin work on
the design and analysis to determine whether the project is feasible. The report includes an
analysis of street improvements, storm water impiovemants, private utility and other
coordination considerations, and estimate costs and schedule.
Mr. Kosluchar stated staff recommends eliminating the street rehabilitation consideration in
2012 because of the following reasons: the inability w include this segment in the 2012 street
improvement while maintaining our schedule and budget. At this point, we are baving a public
hearing on the 2012 street project next week. If there is a delay for advertisement, it will set
them back about a month which could adversely affect the bid pricing.
Mr. Kosluchar stated they also have differing benefiting properties between the storm work and
the street work. The street work would likely continue further north and, at a minimum, would
not be only constructed on one side of the street north of Memory Lane. Also, there are potential
issues with sequencing the work. If they were to consider both projects at a public hearing, it is
possible one project gets approved ahead of the other which would not be good. Staff is
recommending in the feasibility report to consider the street rehabilitation in a future year, and
2013 is a good candidate. They are actually going to be in the northeast area of the community
for 2013.
Mr. Kosluchar stated recommend moving ahead with the storm water improvements in 2012.
The idea that is identified in the feasibility report is to install a 6-inch main in 6oth boulevards on
both sides of the street for collection of sump pump dischazge. They would also stub out a 2 to
5-foot service stub to each property, basically whether they intend on connecting now or in the
evant they need to connect in the future. It is a small cost. Any owners who connect would be
required to provide service piping from their house to that connection point.
Mr. Kosluchar stated as they discussed at the open house, their concept is 50 percent
assessment of the Project No. 413 cost which would be the mains running in the boulevard. He
presented a map showing the collection piping extended. On the east side he believed the last
house is 7421 that actually pumps year azound. Then there is a connection to the south at 73`d, a
connecfion to tbe existing storm sewer system. He presented a map of the concept of the main
construction. They used a horizontal directional drill so they can minimize impact to trees,
driveways, landscaping, irrigation systems, ete. They wQUld not have Co open cut construct. He
also showed a concept connectiQn detail from the house. They require an air gap to be installed
so in case the pipe were to freeze or clog, it would not flood the home.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6, 2012 PAGE 21
Mr. Kosluchar stated the feasibility report also contains an estimate of $59,840, including
contingency, which is just a little higher than the $55,�00 they had talked about at the open
house. The contingency is about 10 percent. The project could be constructed between June and
August this yeaz and might even be able to be constructed in April if the weather keeps up.
Mr. Kosluchar stated staff has completed the feasibility report, and determined the storm water
project is necessary, cost-effective, and can be accommodated within the 2012 budget. Also,
staff has determined the rehabilitation project for the street would not be necessary and cost-
effective in 2012. While they understand the need, they do not think the need changes all that
much or becomes all that much greater. Again, there is a disadvantage in pricing potentially for
the 2012 street project.
Mr. Kosluchar stated staff recommends the City Council move to adopt the resolution which
receives the feasibility report and sets a preliminary heazing date and time. It also outlines
improvements that will be considered at the preliminary hearing for possible construction in
2012. If approved tonight, they would set the public hearing for March 12, 2012, at 7:30 p.m.
Properties identified as benefiting in the report and subject to special assessment would be sent a
notice by mai] ten days prior to the hearing. At the hearing, those persons with property subject
to assessment would be heard regazding the proposed project.
Councilmember Saefke asked with respect to the people who signed the petition, he knows that
during the original presentation, the person who had collected the signatures and spoke with
people was unable to contact a number of them. He noticed on some of the documentation
provided, some of the people did not sign the street or the sump pump petition. He asked if the
City had made any efforts to contact those individuals.
Mr. Kosluchar replied, actually, there was an informal survey that was done prior to scheduling
the open house. There were actually three residents involved in wllection information and all of
those who had pumps he believed were contacted regarding this project. Out of the 22 at that
informal survey, he believed 20 of them supported doing something. That is without information
on assessments, eta It may change. However, all of the property owners will be notified by
mail of the hearing; and they will also have a preliminary assessment amount. They will have a
total project cost, and it will be advertised in the official newspaper.
Councilmember Saetke he was just kind of surprised that some of the folks who pump year
around would not have signed the petition at least for the sump pump.
Councilmember Barnette asked if it was possible that they were rentals; and the owners were
not contacted directly.
Mr. Kosluchar replied there was actually one rental property where he thinks a manager on site
signed the petition and it is not a valid signature. Staff found the owner actually lives out of
state. The petition was collected by a private party who made great efforts to collect those
signatures. It definitely shows there is interest. Also, they had eight of those property owners
here during the holidays.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6, 2012 PAGE 22
Councilmember Saetke stated he believed the last time they discussed this, Mr. Otteson was
going to attempt to contaat the folks who were not able to sign.
Councilmember Varichak stated she felt bad that both cannot be done at the same time.
However, she understands.
Councilmember Bolkcom stated maybe it does not work as well as they thought so why put in a
street unril they know it is warking properly. It makes sense not to do it at tt�e same time. It will
be tom ug again, but they want to make sure they are getting the water off the street first.
Mr. Kosluchar stated that is a good point and staff discussed it. It does not hurt to look at the
system and how it is working for a year before they go in and redo the street. In addition, he did
get some feedback from Duncan Wagner. He e-mailed Mr. Wagner regarding what they were
proposing to do. While Mr. Wagner is not overjoyed they are not doing the street this year, he
accepts that and understands it was a push to try and get it in this year. He is just very happy
something is being done about his storm water.
Councilmember Saetke stated there may be a number of really disappointed people. However,
thinking about it a little more, if they can dry up the problem and let the street and surrounding
azea dry out for a year, they will laiow how severe of a problem there may be. He thinks the
majority of people will be happy that at last it is going tQ 6e done.
Councilmember Solkcom asked whether the petition said both things.
Mr. Kosluchar replied there were actually two petitions. He believes the storm water petition
was signed by 15 of the 22 properties, which was after review, and they had to exclude a couple
of signatures. Then the street petition was signed by all of those 15 with the excaption of one.
MOTION by Councilmember Saefke to receive the Preliminary (Feasibility) Report for the
2012 Jackson Street Drainage and Street Improvement Project No. 413. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Saefke to adopt Resolution No. 2012-11 5econded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6, 2012 PAGE 23
3. Resolution Approving a 5ubdivision, Lot 5plit, LS #12-01, to Create Two Buildable
Lots, Generally Located at 551 Hugo Street N.E. (Ward 3).
Councilmember Bolkcom asked if they have ever approved a lot split as big as this.
William Burns, City Manager, replied he is not aware of one.
Councilmember Bolkcom asked why this one was being done.
Dr. Burns replied, the ]aw with respect to subdivisions allows Council to do this. To recognize
minor irregularities as they approve a subdivision. In this case, the proposed lots are about the
same size as other lots of neighboring properties. The missing number of squaze footage is not
material.
Councilmember Bolkcom replied, 750 square feet, which is significant in a sense. She asked if
this can be done only on publicly-owned property or if anyone could come forward.
Dr. Burns replied, he thought it could be done anywhere.
Councilmember Bolkcom asked if an owner can come in and request a lot split. If they do a lot
split, would they then have to go for a variance to build something on it, or would it just be
approved once there has been a lot split?
Dr. Burns replied, his understanding is you have Yhe lot split and you recognize the irregularity
at the time you do the lot split. No vaziance would be needed.
Attorney Erickson replied, she thinks a recognition and resulis is something needing to be
conforming since you have a process set up for the minor subdivision. What Dr. Burns has
described is accurate. You have a process set forth for minor subdivisions, it is a recognition of
the authority, and there is no attendant variance request.
Councilmember Bolkcom asked if a proper[y owner having a lot similar to this comes forward.
Since they have allowed this one to happen, would they have to allow Ihe next request?
Dr. Burns stated he thinks the answer is, yes. If somebody else walked in and wanted the same,
they would do the same thing.
Councilmember Bolkcom asked if they �vere setting a precedent.
Attorney Erickson replied, she does not have Section 212 of the City's subdivision ordinance in
front of her, but it is not intendad to create a precedent.
Councilmember Bolkcom stated, right. She is just trying to figure out if some other property
owmer wanted to do the same thing, how can you deny something they are allowing our own City
to do.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 6, 2012 PAGE 24
Dr. Burns stated appazently it does not establish a precedent but, if anothar property owner
comes in with similar circumstances, he certainly would have the right to do that and the right to
ask the Counci] for dismissal of minor variations.
Mayor Lund stated he took this to be not as a precedent because this is in that overlay district of
the smaller lots that were already in an exception to the norm or current Code. His impression
was is if there were another resident with a similar lot size, could he do that elsewhere in the
community.
Councilmember Bolkcom stated it makes sense but, on the other hand, are they now going
down a path. It says they are not setting precedent, but how do you handle the next person who
comes along with a lot split request. The City never allowed it. As far as she knows it always
had to be what the Code says. Are they holding the City's own HRA to a different standard?
Dr. Burns replied, he did not think so. If someone came in with a similar proposal, what they
did before might obviously be brought up; but he does not necessarily think what they did here is
something that has to be set as precedent. The circumstances vary from property to property and
from lot split to lot split. He thinks they still have the freedom to make a decision based on the
unique circwnstances of that petition.
Councilmember Bolkcom stated that is one issue but the other issue is, are they setting
themselves different from everyone else?
Dr. Burns stated he is thinking anyone can do it, whether City-owned property or privately-
orvned property.
Attorney Erickson replied, she would think that process of minor subdivision would be
available to anyone--the HRA, the City, any applicant.
Councilmember Bolkcom stated she understands that part, but she is asking if they are setting
themselves different because it is City-owned property vs. someone else. If someane came
before the Planning Department and said, they want to do this, do you really think they would
say this is below 75Q syuaze feet?
Dr. Burus stated, no, he thinks they would look at it very objectively.
Councilmember Bolkcom stated it makes sense to do a lot split and build two homes in this
area but, on the other hand, it is 750 square Yeet. It is pretty significant.
Mayor Lund stated it is but it is in that overlay district which makes it compatible with much of
the rest of the neighborhood. That makes it a distinction in his mind. If somebody wanted to do
this in another neighborhood altogether, such as in Hyde Park or the Matterhorn area, those are
different circumstances.
Attorney Erickson replied, unfortunately, she has not had an opportunity to speak with any of
the Planning staff about this mattex.
FRIDLEY CITY COUNCTL MEETING OF FEBRUARY 6. 2012 PAGE 25
Councilmember Bolkcom stated she would like to table this to the next meeting.
I)r. Burns stated his undersYanding is that it is not necessarily tied to the overlay district. The
fact that it is in the vicinity of the overlay district has something to do with it because the other
lots aze very similar, but the freedom the Council has to subdivide glves them the ability to
ignoxe thase lot width and area requirements.
Councilmember Bolkcom stated she is struggling with the 750 square feet. Is that minor?
When does it become major?
Dr. Barns stated it is up to the Council on a case-by-case basis. It is not major in this case
because the lot is the same size as all the other ]ots in the neighborhood.
Mayor Lund stated the 750 feet is consistent with the rest of the neighboring azea.
Councilmember Bolkcom stated she is thinking back to a time when she has been on here,
when someone wanted to do something, whether it be a variance or anything else, even though it
is something that is done in the past, they do not necessarily pass it.
Councilmember Saeflce stated on page 18, about third paragraph from the bottom, ii reads,
"when Riverviaw Terrace was platted in ]922, all of the lots were platted with a 110-foot lot
depth and 25-fooi lot width." While our Code requires a 75-foot minimum width, his lot is 75-
feet wide. When they planned his neighborhood, the lot depths are not quite square so he has
like 141 feet. However, back in 1922 they only made the 110-foot deep so you really cannot do
anything to stretch that out. That is where they are saying it is a relatively minor problem in that
neighborhood because al] of the lots are only 100 feet deep. It is not going to be like two strange
lots in the middle of nowhere. It will be conforming to that neighborhood, but perhaps not
conforming to the rest of the City of Fridley. The Riverview Heights area is one of the oldest
areas of the city.
Conncilmember Bolkcom stated but a majority of that has also been combined to meet the 50-
foot lot requirement if you read on in that same sentence.
Councilmerober 5aefke stated that is true but you have one place where you can build one big
mansion which would still not conform with the rest af the neighborhood. You would have this
tremendously large lot right now. You have 150 feet as a frontage along the street and 110 feet
deep. That makes for an extremely large lot. Eve� by Innsbnxck area. If you were a private
property owner as opposed to the HRA, and you came to the Planning Commission and said,
look, I bave this humungous lot in a neighborhood where the lots aze smaller, it would stand to
reason that the City could divide that lot and build twa nice homes. It was platted in 1922. The
standards back then were a whole lot different than they are today, and that makes that area
unique.
Dr. Burns stated he reviewed this Friday and this morning. If Councilmember Bolkcom wants
to have Paul Bolin come in, that is fine. His understanding is they have perfect freedom to do
this without any problems. These lots are 75-feet wide by ll 0 feet in depth which puts them in
FRIDLEY CTTY COUNCIL MEETING OF FEBRUARY 6. 2012 PAGE 26
conformity with the neighborhood. He does not think they have to worry about setting a
precedent, because if anybody else comes in, they evaluate the request based on the
circumstances of that neighborhood.
Councilmember Bolkcom stated she is interested i� watching the HRA meeting and/or review
the minutes from that meeting.
Dr. Bums asked Councilmember Bolkcom what she wanted to know.
Councilmember Bolkcom replied she wouid like to know the history behind the request and
why they ate recommending it instead of leaving it as one lot.
Dr. Burns stated they bought the lot at a reduced price under the Scattered Site Program They
want to take advantage of this property. They think it is reasonable to split it, and develop two
new properties. The sooner they get the approval on this the sooner they can begin to market the
property.
Councilmember Bolkcom stated she would send Dr. Burns her other questions.
MOTION by Councilmember Balkcom to table the Resolution Approving a Subdivision, Lot
Split, LS #12-01, to Create Two Buildable Lots, Generally Located at 551 Hugo Street N.E.
(Ward 3) to the February 13, 2�12, City Council meeting. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, SAEFKE, VARICHAK,
AND BOLKCOM ALL VOTING AYE, AND MAYOR LUND VOTING NAY, MAYOR
LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4-1 VQTE.
17. Informal Status Reports.
There were no informal status reports.
ADJOURN.
MOTION by Councilmember-at-Large Bamette, seconded by Councilmember Varichak, to
adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOK LUND DECLARED THE
MEETING ADJOURNED AT 9:32 P.M.
Respectfu]ly submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
FEBRUARY 13, 2012
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Bamette
Councilmember Bolkcom
Councilmember Varichak
Councilmember Saeflce
OTHERS PRESENT: William Burns, City Manager
Darcy Erickson, City Attorney
Jim Kosluchar. Public Works Director
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Darin Nelson, Finance Director
PRESENTATION:
Fridley Fire Department Flames Auxiliary presented three Rapid Intervention Team (RIT) bags
to the Fridley Fire Department. Fridley Flames were able to purchase these bags through fund-
raising efforts.
John Berg, Fire Chief, said the RIT bags contain tools to rescue a firefighter in case of problems.
The bag primarily houses an air supply, mask hoses, and tools for cutting and pulling.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
Secoud Reading of an Ordinance Amending Chapter 2, Section 2.06, of the Fridley city
Charter, Yo Allow for a Vacancy of a Council Member to be Filled by Appointment
William Burns, City Manager, said this amendment would allow a Council vacancy to be filled
by appointment rather than by special election. Council held the public hearing on the
amendment at their January 23 meeting and the first reading at their meeting on February 6.
Staff recommends CounciPs approval of the second and final reading.
WAIVE THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1289 ON SECOND READING AND ORDERED PUBLICATION.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2012 PAGE 2
NEW BUSINESS:
2. Motion to Receive a Donation of Three Rapid Intervention Team (RIT) Bags from the
Fridley Fire Department Flames Auxiliary
William Burns, City Manager, said that the FLAMES conduct many volunteer activities and
fundraising events to support the Fridley Fire Department and address other community needs.
Council is being asked to officially accept the most recent dooation of Rapid Intervention Team
(RIT) bags at tonighYs meeting. The bags carry air supply and other essential tools far rescuing
firefighters. Staff recommends Council's approval.
APPROVED.
3. Appointment to Appeals Commission.
William Burns, Ciry Manager, said Council met with applicants for the vacancy on the Appeals
Commission at their February 6 pre-meeting. Based on these reviews, staff recommends the
appointment of David Ostwald to the Fridley Appeals Commissioa The term is a thxe�year
term which expires on April 1, 2015. David Ostwald is a 35-year resident of Fridley who lives
on East River Road.
APP�INTED DAVID OSTWALD TO THE FRIDLEY APPEALS COMMIS3ION.
A. Claims (154003 —154081).
APPROVED.
5. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the Consent Agenda as presented. Seconded
by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to adopt the Agenda as presented. Seconded by
Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 2012 PAGE 3
OPEN FORUM VISITORS:
NO ONE FROM THE AUDIENCE SPOKE.
PUBLIC HEARINGS:
6. Preliminary Assessment Hearing for Street Rehabilitation Project No. ST2012-01.
MOTION by Councilmember Saeflce to waive the reading of the public hearing notice and open
the public hearing. Seconded by Counci(member Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:43 P.M.
Layne Otteson, Assistant Public Works Director, said the City has developed a pavement
improvement plan based on rehabiliYating the pavement with intermittent sealcoating. The goal
is to provide maintenance improvements at regular times. This project is in its eighth year under
the City's major maintenance program for asphalt streets that have concrete curb and gutter.
Mr. Otteson said this progiam was developed to rehabilitate the deteriorated asphalt surYace on
a recuning schedule. The program targets pavements of a condition where pothole patching,
crack sealing, and sealcoating are no longer sufficient to efficiently maintain a quality surface.
Mr. Otteson reviewed the Street Program Rationale Annual Street Rehabilitation Program:
• Increasing cost of maintenance and repair with age
• Condition rating of street
• Group streets into project areas
• Pricing advantage with volume
• Planned project for 2012 developed under 5-year street program
Mr. Otteson said this project has a poor condition rating of streets which gives initiative to a
rehabilitation project. Factors used to establish the condition rating based on annual inspections
include surface wear, weathering, skid resistance, uniformity, crack size and condition and the
overall ride quality. Other factors affect the prioritization of projects include:
• Street does require reconstruction to meet standards (base, width, curbing,
etc.l
• Time since last major maintenance
• Interim maintenance work performed/required
• Need for utility construction
• Adjacent project activity
� Source(s) of funding available
FRIDLEY CTTY COUNCIL MEETING OF FEBRUARY 13, 2012 PAGE 4
Mr. Otteson said project ST2012-01 wiil include thirteen residential sYreet segments that will
receive 6" reclaim and 2" asphalt surfacing. Fourmies Avenue and TH 65 Service Road
segments will receive 8" reclaim and 3" asphalt surfacing due to traffic loading. Two segments
of water main replacement and minor underground utility repairs should precede mill and
overlay. The watex main replacement and pavement rehabilitation is expected to be completed
within 10 weeks of the start date. Construction would be from mid-May through mid-August
2012.
Mr. Otteson said when reclaiming the street, the driveway will not be accessible as the machine
goes by the driveway for about one to two minutes. When paving the street, streets will be
closed for about four hours except for emergency reasons because the pavement is tender during
that time.
Mr. Otteson said the project kickoff letter will be mailed in April with schedule information,
contact information and other general information. Project updates specific to azeas will be
distributed with revised schedules, immediate work schedule, access limitations, contacts and
other specific information. Residents should ]ook for "Yellow Sheets" on their doors for
updates. They are encouraged to notify staff of any special needs for access to their property
during construction or any other questions or concems.
Mr. Otteson reviewed the following project schedule:
Open House
Public Hearing
Open Bids
Begin Construction
Complete Construction
Public Hearing to Set Special Assessment
Assessment Begin (Payment Plan)
November 2011
February 2012
March 2012
May or June 2012
August 2012
October 2012
Januazy 2013
Mr. Otteson noted property owners were sent mailings of the notice of an open house in 20ll
plus a project questionnaire to be mailed or filled out on the City website in 2011. The public
notice of this public hearing was also sent out including the estimated special assessment based
on policy.
Mr. Otteson said the estimated project cost is $971,000 (includes contingency). He reviewed
the following breakdown of costs:
•$199,000 Ciry of Fridley Municipal State Aid
•$5] 8,000 Special Assessment of Adjacent Properties
o $429,OOQ Reside�tial Properties
o $ 89,000 Commercial Properties
• $200,000 from Water Utility Fund
•$ 21,000 from Sanitary Sewer Utility Fund
•$ 33,000 Yrom Storm Water Utility Fund
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2012 PAGE 5
Mr. Otteson reviewed the following Non LDR Property Assessment Recent Rates:
• 2006-2 Matterhorn Drive 4 0' Wide $24.09 / l.f.
73`d Avenue 48' Wide $24.80 / l.f.
• 2007-2 7`� Street 38' Wide $20.07 / l.f.
6151 Avenue 44' Wide $27.18 / l.f.
• 2008-2 Gazdena Drive 42' Wide $24.53 / l.f.
. 2009-1 University W. Service Drive 30' Wide $16.46 / l.f.
• 2011-1 City Wide 50' Wide $37.00 / l.f.
. 2012-1 Fourmies Avenue 26-36' Wide $30-40 / I.f.
TH 65 Service Road 36' Wide $40.00 / l.f.
Note: 2012 numbers are estimated cost per foot. Upon substantial completion of
the project, a proposed assessment is recalculated for each property.
Mr. Otteson reviewed the following LDR PropeRy Assessment Recent Rates:
• 2007-2 $ 941.46 per unit
• 2008-2 $ 841.46 per unit
. 2009-1 $1,023.00 per unit
. 2009-2 $1,380.00 per unit
. 2010-1 $1,370.00 per unit
• 20ll-1 $1,592.00 per unit
� 2012-1 $1,950.00 per unit (estimated)
Note: All LDR units receive equal assessment for each project.
Mr. Otteson reviewed the three repayment assessment options:
Option 1— Lump sum paid within 30 days of the assessment hearing (after construction).
Option 2— Added to properiy taaces that are paid over 10 yeazs with an interest iate of
approximately 6.0%.
Option 3— Senior citizens meeting certain criteria, may request to have the assessment
deferred until the future sale of the property. Interest accrues until the sale.
(Per City Res. No. 14-1995).
Mr. Otteson reviewed
assessment at 6%.
Year
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
the following 10-year payment (approximate) based on a$1.950
Principal
$195
$195
$195
$195
$195
$195
$195
$195
$195
$195
Interest Yearly Pa�
$117 $312
$105 $300
$ 94 $289
$ 82 $277
$ 70 $2b5
$ 59 $254
$ 47 $242
$ 35 $230
$ 23 $218
$ 12 $207
Total Payments $2,594
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2012 PAGE 6
Councilmember Sae&e noCed a correction on page 17. In the second to the last paragraph, the
date should be November 16, 2011. He also mentioned a letter was received from Kate Kemper
from Michael Servetus Unitarian Church regarding the drainage issue on Oakley. He asked if
Mr. Otteson has met wiffi Ms. Kemper and if they were working on a resolution of the problem.
Mr. Otteson said he has not met with Ms. Kemper but he spoke with her and reviewed the issue.
The problem is mainly a maintenance issue and can be improved by replacing the curb. Staff has
been on site to evaluate the slope of the curb and see how much improvement can be made. Staff
observed and agreed that the cwb slope can be improved and that it currently drains poorly. lf
leaves or silt build up, it slows the drainage down. The City needs to spend more time cleaning
and maintaining that area. By replacing curb and putting on a deeper drainage slope, we should
be able to increase flow to get the water away from the driveway and lessen the ice buildup in
winter.
Councilmember Saefke mentioned this street +s difficult to plow as there is little room at the
end of Oakley to turn around. He asked if lhe City ever considered building a cu]-de-sac on
Oakley.
Jim Kosluchar, Public Works Director, said the issue of plowing has been discussed and now
the plow can back down Yheir driveway and push the snow across the street. Mr. Otteson is
contemplating extending the streeY 20-30 feet and putting a drop at the end of the street to get the
cunoff and also cteating a spillway to push material off of the street.
M�TION by Councilmember Saeflce to move into record the letter from Ms. Kemper for
Michael Servetus Unitarian Church dated January 23, 2012. 5econded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom asked staff to explain how assessments aze calculated. The Edina
assesses citizens 100% for street improvements which could be anywhere from $12,000 to
$22,000 dollars for a street project. St Louis Pazk, through general property taxes, pays 100%
for streets improvements. Both cities are looking at changing their policies.
Mr. Otteson said Fridley residents aze assessed for all work replacing the stceet asphalt only.
They are not assessed for sidewalks, storm sewer or curb work. The assessment includes
gcinding the old asphalt up, installing slopes on gravel, hauling off excess gravel and a portion of
mobilization and traffic controL The final item is the placement of the pavement which is 90%
of the assessment,
Councilmember Saetke added the City assesses on a street width of 30 feet. If a street is 45 feet
wide, residents are only assessed for 30 feet.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2012 PAGE 7
Mr. Kosluchar noted that is for LDR Properties only. He added that the other exclusion is any
utility work, water main or sewer work would be exduded from the residential assessment. That
work is paid for with utility funds,
Councilmember Barnette asked how the assessment is calculated for corner lots.
Mr. Otteson answered for LDR Properties, it is assessed equally as if you lived in the middle of
the block. The assessment is per unit not per frontage.
Conncilmember Bolkcom asked if residents could still fill out the questionnaire if they have not
done that yet.
Mr. Otteson said staff is happy to receive any information. New residents should contact the
Engineering Department for updated information.
Couocilmember Bolkcom said if residents have standing water problems, they should contact
the Engineering Department as soon as possible so it can be incorporated into the project.
Mr. Otteson said that type of information is best to get al�ead of time so the issues can be
worked into the design.
Councilmember Bolkcom noted this project is not the biggest project the City has done. This
project is more confined to one azea and should run smoothly.
Mr. Kosluchar said he is confident staff has the mechanisms in place to monitor this project and
keep things in connol.
Councilmember Bolkcom noted the specs for the projects have changed, so there should be no
issues with sod, etc.
Mr. Kosluchar answered yes.
Councilmember Bolkcom said the current �ssessment is $1,950. She asked what the next step
would be if the bids came in a lot higher.
Mr. Kosluchar said staff will review the bids and bring them to Council. If the bids are higher
than the estimated amount, a]ower cost may be negotiated or the project would be pared down.
Councilmember Bolkcom asked how residents would know what is happening next.
Mr. Kosluchar said the next notification would be the award of the contractor. Residents can
check the website. Staff is hoping to recommend a contractor at the March 12 Council meeting.
Councilmember Bolkcom asked how the City came up with the 6% interest rate. She also
mentioned that residents can get a loan on their own if they wish.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2012 PAGE S
Darin Nelson, Finance Director, said the City uses the current prime rate plus 2%. The cunent
prime rate is 3.25%. Staff used 6% as an estimate. The rate could be lower depending on what
the prime rate is at tbe time of the loan.
Russ Hendrick, 6736 Jefferson Street, asked if the existing curbing would be replaced.
Mr. Kosluchar said it may not be a full replacement. The contractor would check the grades
and offset where curb is draining pooriy and replace sections as necessary. If residents know of
an area that needs replacing, please let staff know.
Mr. Hendrick noticed that a number of lots in his area the sewer systems aze marked and others
are not. He asked why.
Mr. Kosluchar was not sure if someihing was going on in his area or not. A survey was sent to
residents and 20 people responded wanting their sewer televised. Residents can have their sewer
lines replaced at a lower cost during this project because the pavement would not need to be
replaced. Additionally some televising was done of the main sewer lines and 271etters were sent
out last week to those who had root problems, etc. If people want to fix these problems, they
should contact staff:
Councilmember BarneYte asked if there was a fee to residents who have their sewer televised.
Mr. Kosluchar said this service is free of charge.
Mr. Hendrick said he thought everyone who connects to main sewer line was viewed.
Mr. Kosluchar answered yes, all of them were viewed and 27 of them had fairly significant root
or offset problems. Letters were sent to those properties.
Kate Kemper, Michael Servetus Unitarian Church, thanked Council for a response to her letter.
Mr. Otteson will meet with her to discuss what can be done to improve the drainage in her area.
Connie Bundy, 435 Rice Creek Terrace, asked where the extra proceeds from the 2% above
prime rate went.
Mr. Nelson answered the prime rate is the interest rate and the 2% added on will cover the fee
for the City providing the loan service.
Mayor Lund added it is the same process a bank loan uses.
Ms. Bundy asked why this could not be paid from property taxes.
Mayor Lund said that property taaces do not pay for street improvements. Property taxes pay for
fire, police, city administ�ation, public wocks, recreation department, etc.
FRIDLEY CTTY COUNCIL MEETING OF FEBRUARY 13. 2012 PAGE 9
William Burns, City Manager, added that 20 to 3Q% of property taxes go to the City. The rest
are for schools, the cQUnty and other ta�c jurisdictio�s.
Councilmember Bolkcorn said that information can be found on your tax statement.
Mayor Lund agreed that everyone has seen an increase in property taxes and property values
continue going down. The State has budget shortfalls which has impacted property taYes, putting
more burdens on home owners.
Ms. Bundy asked if they did not want their street repaired, how they coald get out of project.
Mayor Lund said if the majority of people on the street do not want the repairs done, the City
can review the need for the repair. Staff does annual reviews of our streets and chooses to repair
the worst streets in Fridley.
Ms. Bundy asked what percent is needed to vote down the project.
Mayor Lund said Ms. Bundy could create a petition but the timing to implement the petition is
very short. Typically a petition would need to be presented tonight_ Ms. Bundy should contact
her Ward Councilmember and himsel£ There are no specifics for a petition.
Councilmember Barnette recalled a past project that was done in Che Hillcrest area, and one
resident carried a petition. Fifty percent said they did not need to do the project. Once staff
explained the stzeet would not be done for another 10 to 12 years, the majority changed their
minds. In the end, they did not want to delay the construction of their street.
Councilmember Bolkcom said the Public Works Department spends a lot oY time repairing the
street. If it is not done now, it would need more work later and ihen the homeowner's
assessment would be higher.
Mayor Lund suggested Ms. Bundy contact the Ciry Manager, and he will direct those questions
to the Public Works Director. The streets are analyzed based on repair and problems and the
worst areas are selected Srst. IY frequent patches are done for potholes and there are water
breaks in tt�e azea, etc., then it is time for repair.
Councilmember Saetke added if the project is delayed, the price of oil is going up which means
that the project will never be cheaper unless there is an excess of oil available in the market.
OYher costs associated with these types of repairs will also increase. The $1,450 assessment may
seem out of place and unreasonable today, but the longer we wait, the higher the price. The City
portions the cost of street reconstruction to the homeowner and this policy seems to be fair. We
offer many methods of payment.
Ms. Bundy asked what the new street would add to the value of her house.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 2012 PAGE 10
Councilmember Saeflce said the property value will increase, If you lived on a gravel road and
tried to sell the house and the neighbor behind lived on paved street; the paved street would sell
first. If the project is delayed, the street will continue to deteriorate.
Don Holum, 675 Monroe Street, said he is in favor of this project as it is needed. The
construction will take place from mid-May to mid-August. He said he was concerned with the
schools as they do not get out until June 7 or 8, and there will be summer school.
Mr. Kosluchar said they could work the construction around those schedules. He did not look
into summer school but would call the school and discuss that issue with them.
Mr. Holum asked what direction the construction would start--from University and work east.
Mr. Kosluchar said the contractor would select the most efficient method to sequence the
project. All streets would not be worked on at once, they limit the area to 5,000 feet open at one
time.
Mr. Holum said he just did not want contractors to bring in heavy equipment on the new roads.
Mr. Kosluchar agreed that they too do not want to do that. They will more than likely work
from the inside out.
Mr. Holum asked about sprinkling systems, and whether they would be replaced if they were
damaged.
Mr. Kosluchar said the sod would be replaced and the sprinklers would depend on the inigation
system. Typically this type of construction would not impact the irrigation system. If something
were damaged, it would be up to the contraetor to repair it. If you have a sprinkler system, flag it
or mazk it and let the contractor know it is there. They wou]d like to avoid it if possible.
Mr. Holum asked if utilities were assessed to the homeowner.
Mr. Kosluchar said there will be no charges for utilities.
Mr. Halum asked if schools, parks and churches were assessed.
Mr. Kosluchar answered private schools and churches yes; public schools no.
Mr. Holum asked if the manhole covers could be evened out.
Mayor Lund said a ring could be placed on it so the manhole cover is on a ring to 6ring it to the
surface.
Mr. Holum asked if people could contact Public Works if a manhole cover is low.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2012 PAGE I 1
Mr. Kosluchar answered yes but not all manholes are the City's responsibility. TUere are other
types of manholes like telephone for example.
Mr. Holum said he is looking for quality work for the money they are being assessed. Residents
want the besi work for their money and it is not always the best to go with the lowest bid.
Mayor Lund said if residents are unhappy with any work they should contact the Public Warks
Department immediately.
Marilyn Sullivan, 522 — 66�h Avenue NE, asked about rain gazdens and if any information was
available.
Mr. Kosluchar said if anyone is interested in rain gardens, the City w�ll do a portion of the
work. The City does the curb, but the property owner is responsible for the plantings and
maintaining plantings.
Councilmember Bolkcom asked if funds were available from the watershed district.
Mr. Kosluchar said it depends on permit requirements if Yhey can pat[icipate or not. Either
way, the City w�ll benefit from the water quality of the rain gardens.
Ms. Sullivan asked if the area by Seventh Street and Mississippi, where the road dips down,
would drain better after this project is complete.
Mr. Otteson said he has received comments about drainage problems throughout that area. He
will look at it tomorrow.
Ms, Sullivan asked if there were three- or five-year payment plans or just the ten-yeaz plan.
Mr. Kosluchar said the loan can be paid off early with no penalties.
Mr. Nelson added if it is paid off early residents, would only pay the interest accrued up to that
date.
Ms. Sullivan asked if the boulevard would be disturbed if the curb is not replaced.
Mr. Kosluchar said sometimes there is utility work, including work from the gas company.
Sometimes the work is done before the road construction is started. If there is a water main
scheduled to be replaced, there would be disturba�ce in the boulevard also.
Ms. Sullivan asked if one or two things that will be done differently when staff calls for bids so
we experience an excellent project.
Mr. Kosluchar said there are a few new tolerance issues with the pavement that were not
included in prior projects. Staff will also have more direct wntact with the contractor on this
project.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 2012 PAGE 12
Councilmember Saetke added that this project is smaller so staif inspection will not be as
stretched out for this project. This will make it easier to keep an eye on the project because it is
concentrated in a single area,
Councilmember Bolkcom said the 2010 project had a lot of drainage issues too. This contract
is tighter and the specs are more detailed.
Dave Linton, 6521 Clover Place, asked if the mailboxes would be removed and, if they were, if
community mailboxes could be installed.
Mr. Kosluchar said that typically mailboxes are not removed; only in latger reconstruction
projects.
Tracy Headings, 38- 67�h Avenue, asked about cost overruns or surplus and how that would
affect the assessment.
Mayor Lund said that is unlikely to happen.
Councilmember Bolkcom said if there are any costs beyond the project, it would have to come
back to Council for a change order.
Dr. Burns said tl�e City has never had a project come in over the estimate.
Ms. Bundy asked if she opted to pay the assessment over 10 years and she sold her home, who
would be responsible to pay the loan.
Mayor Lund said that would be taken caze of at the time of closing.
Councilmember Bolkcom added it could be negotiated between the buyer and seller.
Mr. Kosiuchar said the loan would show up in a title search.
Darcy Erickson, City Attorney, said the loan would show up at the time of closing and the title
would show a pending assessment.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember SaeTke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:05 P.M.
7. Consider Issuing an On-Sale 3.2% Malt Liquor and Wine License to Bombay Palace,
Inc., Located at 765 — 53rd Avenue N.E. (Ward 1)
MOTION by Councilmember Saefke to waive the reading of the public hearing notice and open
the public heazing. Seconded by Councilmember Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2012 PAGE 13
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND TAE PUBLIC HEARING OPENED AT 9:05 P.M.
Deb Skogen, City Clerk, said the building located at 765 - 53rd Avenue NE was previously
licensed as Himalayan Restaurant II. There ara no taxes, utilities or special assessments owing
on the property. The building is being leased to Bombay Palace by Cheema-Shrestha Company
LLC.
Ms. Skogen said the public hearing notice ���as published in the Fridley Sun Focus on February
2, 2012. All required license fees have been paid. A wine license requires a minimum seating
capacity of 50 persons. The restaurant facility serves up to 96 persons.
Ms. Skogen said the officers of the corporation are Joginder Cheema, Naveen Shrestha and
Manjit Singh. The Police Department completed a background investigation and found no
criminal histories or character issues to deny the application. Staff recommends holding the
public hearing.
Councilmember Saeflce asked if the petitioner was aware of the wine to food ratio.
Joginder Cheema, Bombay Palace, answered yes. He was the owner of the Himalayan
Restaurant but there were not enough clients for that type of food so now they would like to open
an Indian Restaurant. People are more familiar with Indian food.
MOTION by Councilmember Saetke to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:10 P.M.
OLD BUSINES:
8. Resolution Approving a Subdivision, Lot Split, LS #12-01, to Create Two Buildable
Lots, Generally Located at 551 Hugo Street N.F.. (Ward 3) (Tabled February 6, 2012)
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LOND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Scott Hickok, Community Development Director, said the petitioner is seeking a lot split to
subdivide the lot at 551 Hugo Street to create two single family lots for the HRA's Housing
Replacement Program (HRP). Subdividing this lazge lot will allow for the construetion of two
new single family homes.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 2012 PAGE 14
Mr. Hickok said both of the proposed lots, Parcel A and Parcel B, will be 75 feet in width and
110 feet deep, which is 8,250 square feet in size. As a result, both lots will be substandard in
meeting the lot size requirement for a modern R-1, Single Family lot by 750 square feet. The
subdivision ordinance states that if the Planning Commission or City Council find any
regulations or requirements of the Code that cannot be met by a particulaz subdivision, they may
grant approval of a subdivision with minor variances provided the variation is not contrary to the
intent and purpose of the regulation.
Mr. Hickok said the proposed lot split meets the intention of the Riverview Terrace plat and will
be consistent with the size of the majority of the lots in this area. The creation of two lots versus
one large lot will also allow the HRA to meet the goals of the Housing Replacement Program by
providing additional housing opportunities and reinvestment in this neighborhood.
Mr. Hickok said in 2000 the O-6 Overlay District that was approved allows small lots to be
considered conforming which then allows property owners to expand and re-invest in their
homes. The O-6 Overlay District required substandard lots to be recorded prior to December 29,
1955; as a result, the proposed subdivision is not covered under the O-6 Overlay. Approving the
proposed subdivision would be consistent with the neighborhood, which is not contrary to the
intent and purpose of the code regulation.
Mr. Hickok said the Planning Commission held a public hearing for LS #12-01 on January 18,
2012. They unanimously recommended approval of the request. City Staff recommends
concurrence with the Planning Commission. If the lot split is approved, the following
stipulations should be attached.
1. All necessazy permits shall be obtained prior to construction.
2. Grading and drainage plan to be approved by City's engineering staff prior to the
issuance of any building permits, in order to minimize impacts to the surrounding
properties.
3. Property owner at time of building permit application shall provide proof that any
existing wells or individual sewage treatment systems located on the site aze properly
capped or removed.
4. Property owner at time of building permit application for the construction of each single
family home shall pay $750.00 required pazk dedication fee.
5. Property owner at time of building permit application far the construction of each single
family home shall pay all water and sewer connection fees.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-12. Seconded by
Councilmember 5aefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, Z012 PAGE 15
NEW BUSINES5:
9. Resolution Ordering 2012 Street Rehabilitation Project No. ST 2012-01, Authorizing
Preparation of Final Plans and Specifications, Authorizing the Advertisement for Bids,
and Authorizing Preparation of Preliminary Proposed Assessment Roll for Pending
Assessment Reporting Pnrposes
MOTION by Councilmember Saeflce to adopt Resolution No. 2012-13. Seconded by
Councilmember Bamette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. Resolution Ordering Preparation of a Preliminary Report and Preliminary Plans and
Specifications for the Qak Glen Creek Improvement Project No. 380
Jim Kosluchar, Public Warks Director, said in recent yeazs, the banks of Oak Glen Creek have
been progressively eroding due to a combination of factors, including land use, vegetative cover,
and stabilizing cover during peak discharge flow events. This segment of Oak Glen Creek is
located on private property and easements are not established that enable City maintenance. The
City has been working with the Anoka Conservation District (ACD) to develop a plan for
mitigation of this erosion. Public meetings have been held wiYh adjacent properties ducing the
development of this plan.
Mr. Kosluchar said on July 20, 2010, a public meeting was held and a design proposal was
discussed with the residents. The City indicated that the participation of adjacent property
owners was vita] to any project going forward. During discussion, the residents generally
indicated favor for a project initiated by the City and the ACD that would seek out additional
outside sources of funding to reduce the cost to both residents and the City.
Mr. Kosluchar said on September 12, 2011, the City Council passed a resolution that authorized
the City to work with ACD to apply for a Clean Water Fund Competitive Grant from the State of
Minnesota. The application was successful, and the project was awarded $339,700, which is
$13,70Q more than we initially proposed with no increase in the $85,000 local match. In
addition, we applied for and received an in-kind services grant from the Minnesota & lowa
Conservation Cotps. We will have 30 days of� crew time with their personnel to work on this
project.
Mr. Kosluchar said this project includes construction of check dams, and stabilization with
riprap and live stakes to reduce down-cutting of the stream. The project also includes removal of
a large number of trees to remove canopy that inhibits growth of plants that root and would
naturally stabilize the stream's banks. An alternative to pipe the creek was discussed, but found
Co be cost prohibitive and unlikely to receive the approval of permitting authorities.
Mr. Kosluchar said the next step to move the project ahead under the special assessment
process is preparation of a feasibility report. This report will address the scope of the work for
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2012 PAGE 16
the project. Preparation of the feasibility report will allow staff to refine construction costs and
determine whether the work needed can take place within the CIP budget. The feasibility report
will provide a recommendation to the City Council on construction permitting, funding, and the
timing of the improvements. The resolution orders the preparation of a feasibility report and
preliminary plans for the project. Staff recommends CounciPs approval.
Councilmember Bolkcom asked when the next neighborhood meeting would take place.
Mr. Kosluchar answered in Marcb. Neigi�bors will receive a two-week notice.
Councilmember Bolkcom said residents would then have an idea as to what they would be
assessed.
Mr. Kosluchar answered yes. The neighborhood has supported projects such as this and we did
get some good funding from outside sources.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-14. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Resolution Setting a Public Hearing for April 9, 2012, to Create Tax Increment
Financing District #20.
MOTION by Councilmember Saeflce to adopt Resolution No. 2012-15. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12. Resolutioa Approving Amendment to Existing Residential Curhside Recycling Service
Contract with Allied Waste Services.
Julie Jones, Planning Manager, said the City's existing residential recycling contract with Allied
Waste Services is set to expire March 31, 2012. Due to the logistics involved in public education
and cart delivery for single sort recycling services under the proposed new recycling contract,
City staff and Allied have agreed on a May 7 start date for the new service. In order to legally
protect both parties, a contract extension is necessary.
Ms. Jones noted the contractor's full company name was not listed in the contract amendment.
The amendment copies for signature have been corrected with the full company name as it
appears in the first paragraph of the new contract--Allied Waste Services of North America,
LLC, a Delaware limited liability company, d/b!a Allied Waste Services of the Twin Cities-
Blaine, herein called the "Contractor."
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 2012 PAGE 17
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-16. Seconded by
Councilmember Vazichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to change the name of the contractor in the resolution
and the contract amendment from Allied Waste to Allied Waste Services of North America,
LLC, a Delaware limited liability company, d/b/a Allied Waste Services of the Twin Cities-
Blaine, herein called the "Contractor." Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLt1RED THE
MOTION CARRIED UNANIMOUSLY.
13. Resolution Approving Residential Curbside Recycling Service Contract with Allied
Waste Services.
Julie Jones, Planning Manager, said using the language from the recent request for proposal and
the existing contract, a new recycling service contract has been worked out between the parties.
This is a 7-year agreement with annual price adjustments. It will include single-sort recycling
collected every other week. The contractor will provide and maintain the wheeled carts. The
recycling includes additional materials of cartons and 1-7 plastics. The conh�actor completes one
mailing per year and will negotiate service details. There will be alley collections as well as
collection in manufactured home parks.
Ms. Jones noted the motion in the resolution should note the conection on the contractor's name
in Attachment A. A separate motion is needed on the resolution for the new contract on pages
47-63, removing the material listed on page 48, which is there in error. The information on that
page does not pertain to this item and should be deleted.
Councilmember Bolkcom noted that on page 49 mobile home pazk should be changed to
manufactured home park. Also on page 51 it says the new service will start on May 7; she asked
if the regular recycle would be in effect on April 30.
Ms. Jones answered yes; the existing service will go through the first few days of May.
Councilmember Bolkcom asked if something has been set up to turn in the old recycle bins if
people did not want them.
Ms. Jones answered no; this has not yet been set up. The tentative delivery date for the new
carts is April 23. People can check the website for information on how to get rid of their old
recycle bins.
Councilmember Bolkcom understood that if someone's recycle cart breaks, a replacement
would be delivered within two weeks.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 2012 PAGE 18
Ms. Jones replied yes.
Councilmember Bolkcom asked if they did not pick up the recycling because of bad weather,
when it would be picked up.
Ms. Jones said this has never happened but if it did; they would come the next day.
Councilmember Bolkcom asked about the aAey pick up area that is not worked out yet and if it
had ta come back as an amendment.
Ms. Jones said the problem area is between Arthur and Anoka Street where there are very low
wires which makes it difficult for a truck to get in there. Staff will work with those six people.
They will service them but will need to work out how to pick up the recyclables.
Darcy Erickson, City Attorney, said the resolution could be approved tonight and an
amendment could be made to the map to reflect the collection.
Councilmember Bolkcom asked how much would be charged if the contractor brought the
recycle cart from the home to the street.
Ms. Jones said that 20 are allowed for free and in the past, the City has never gone beyond that
nwnber.
Councilmember Saeflce said many residents are afraid of wheeled carts because if they have a
steep driveway, they are afraid to slip and fall.
Scott Hickok, Community Development Director, noted there are provisions in the contract to
take care of that issue. Residents who need help are encouraged to ask triends and family for
help as well.
Councilmember Saetke said the contract says they will take up to 20 carts from the home to the
street; 14 have already called to ask for this service. He asked what happens if we exceed 20 and
what impact it would have on this contract.
Rich Hurstein, Allied Waste, said there is no medical test for residents to take to prove they
need this service. If they call and need this service, we will do it for them.
Mayor Lund asked what the chazge would be if we exceed the 20.
Mr. Hurstein said that if it is a reasonable number they will do it. In the past they have found
tbat those with limited mobility have told us pushing a wheeled cart is an easier way to get the
cart down to the street.
Councilmember Bolkcom suggested striking the part that says "up to 20." She asked how
residents let someone know if they need help with the cart.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2012 PAGE 19
Mr. Hurstein said they do not want to encourage this. They cannot ask the resident if they are
unable to bring it to the curb. He said if there were 24 or 50 there probably would not be an
additional charge, but they don't want to do ] 00 carts for example.
William Burns, City Manager, asked if the number could be changed to 50.
Mr. Hurstein did not want to negotiate this nwnber as he does not think it will be an issue. If he
had to pick a number, 30 seemed reasonable.
Councilmember Bolkcom said in the contract it reads that if a residenYs recycling is not picked
up, they should call on the same day before 5:00 p.m. for a pick up. Many residents don't get
home before 5:00 p.m. so this could be an issue.
Ms. Jones said that this language has been in the contract for 13 years. Residents do call and if
they call before noon the contractor can pick up the same day. If it is atter noon, they would pick
up the following day. This has not been an issue in the past and nothing has changed in the
language.
Councilmember Bolkcom asked if the City has had a delay in the past.
Ms. Jones answered yes; we have had breakdowns and they pick up the next day.
Councilmember Bolkcom asked who the residents should call if they have a problem; do they
call the City or the contractor.
Ms. Jones answered they could call either.
Councilmember Bolkcom asked how staff would know if there is a problem if they call the
contractor.
Ms. Jones said contacting the contractor would be more efficient.
Councilmember Bolkcom said we would not know the issues if they aze calling the contractor.
Councilmember Varichak noted the contractor has to provide monthly reports to the City and
list the calls they get so the City would have that information.
Councilmember Bolkcom asked if the penalty related to 0.1 could be authorized if they do not
call the city.
Attorney Erickson said the contract cannot require residents to call the City but staff could put
on the website to have residents call the Ciry if they are having recycling problems.
Ms. Jones noted that Allied Waste does keep meticulous records when people call.
Councilmember Bolkcom asked if special events included participating in drop-off events.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 2012 PAGE 20
Ms. Jones said that is related to publicity and education, not about service.
Councilmember Bolkcom asked what letter "G" was reYerring to on page 55.
Ms. Jones answered that they had talked about safety camp and bringing in a truck and talking to
the kids about sCaying away from wcks when playing in the stceet. Education relates to what is
offered during `49er Days to provide education about recycling.
MOTION by Councilmember Varichak to adopt Resolution No. 2012-17. Seconded by
Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
MOTIQN by Councilmember Bolkcom to change Allied Waste Services to Allied Waste to
Allied Waste Services of North America, LLC, a Delaware limited liability company, d/b/a
Allied Wasta Services of the Twin Cities-Blaine, herein called the "Contractor". Seco�ded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
MOTION by Councilmember Bolkcom to change Mobile Home Park to Manufactured Home
Park on page 44 and on page 52 change 3.12 to °The City will work w�th the contractor to
increase the number of walk up services and financial compensation. Also staff wil] work up a
map for alley pickup areas that were of concern. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
14. Resolutiun Approving and Authorizing Execution of Liquor Store Lease Between the
City of Fridley and ZCOF TL Fridley, LLC
Darin Nelson, Finance Director, said the Fridley Liquor Store Lease ZCOF TL Fridley, LLC
also known as Tri-Land Development is in the process of finalizing redevelopment plans for the
shopping center that cunently houses both the City's liquor store and Cub Foods. The proposed
redevelopment will change the layout, size and location oY the existing liquor store. Due to these
significant changes it is prudent to create a new lease rather than amend the existing lease.
Mr. Nelsan said that the proposed rede��elopment moves the north wall of the existing premises
to the south by approximately 40 feet. As a result, a majority of the existing liquor store
footprint will be dema]ished. Our new fooiprint will resemble a more traditional strip mall size
and shape. Our new space will occupy approximately 10,540 square Feet; whereas our existing
store occupies over 13,300. A reduced store size will allow for more efficient operations,
including a more controlled flow of customers through one entrance rather than the two current
entrances.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 2012 PAGE 21
Mr. Nelson noted the terms of the lease are similar to our existing lease. We will have a
guaranteed lease through October 31, 2018 with options for two additional five-year terms that
include fixed rent adjustments.
Start Date thru 1 013 112 0 1 3 $109,980.75/annually
I1/1/2013 thru 10/31/2018 $126,777.81/annually
Option Terms
11/1/2018 thru 10/31/2023 $145,841.14/annually
ll/1/2023 thru 10l31/2028 $]67,703.98/annually
Mr. Nelson said the liquor store has experienced a decrease in sales since Gander Mountain
vacated the space next to the liquor store a number of years ago. The liqaor store, as with any
liquor store, is a business that benefits from high traffic counts, which is normally associated
with occupancy levels at or near capacity. We are hopeful this redevelopment will bring in new
businesses, and in turn more traffic and people to this area.
Mr. Nelson said our next rent increase is scheduled to occur in November 2013. We were able
to negotiate a rent rebate into the lease, which will help insulate ourselves against this rent
increase if the shopping center does not achieve 75% occupancy. The rent rebate is in effect for
the five-year term beginning in 2013. It allows for a$1,000 monthly rebate if the shopping
center is less than 75% occupied.
Mr. Nelson said the new lease also calls for a$50,000 renovation allowance. This allowance
will be used for signage, moving coolers, furnishing, painting, etc. We will be reusing some
existing fumishings such as shebing but we do expect to purchase new checkout counters, etc.
Common Area Maintenance (CAM) services will also be changing in this lease. Cub Foods will
❑o longer be performing the maintenance. 'Cri-Land Development will now be performing this
function. We are optimistic that this will be a positive change, in that maintenance will be done
more timely and to a higher standard. As with the current lease, the liquor store is only
responsible for its pro-rated share of the shopping center in regazds to CAM chazges.
Mr. Nelson said this lease is contingent upon Cub Foods signing a new lease. Without Cub
Foods in this shopping center, our liquor store operation at its current location is likely not
sustainable_ As of today, Cub Foods has not signed a new lease. I have been told by the
developer that he is anticipating Cub Foods signing a new lease within a couple weeks.
Mr. Nelson said in order to not delay the construction of this project, we are recommending
Council approve the lease agreement with the stipulation that the signed lease not be delivered to
the Landlord until evidence of a new Cub Foods lease is received. The City Attorney, and her
associate, Ken Rohlf have each reviewed the lease and are comfortable with the language. A
number of their suggestions have been negotiated into this lease, which substantially
strengthened the City's positian.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13. 2012 PAGE 22
Mr. Nelson said staff recommends Council pass the attached resolution approving the liquor
store lease between the City and ZCOF TL Fxidley, LLC, with the stipulation that the lease not
be delivered to the Landlord until evidence of a new Cub Foods lease is received.
Councilmember Barnette asked if McDonalds would remain with Cub.
Mr. Nelson answered not on that side of the development; Cub is the main anchor for the liquor
store.
Councilmember Bolkcom asked if there was going to be a new Cub Foods lease without a new
Cub Foods store. She asked if Cub Foods could exist there and not change.
Mr. Nelson said if they do not sign a new lease and redevelop a new store, we would fall back to
our original lease.
Councilmember Bolkcom asked why we wouldn't wait.
Mr. Nelson said we don't want the City to hold up the development of Cub Foods.
Councilmember Bolkcom asked if the new lease should say something related to the remodel.
Mr. Nelson said that Cub Foods would not sign a short-term lease.
Darcy Erickson, City Attorney, said that Section 2.8 requires Cub to enter a new lease to
contemplate new premises.
MOTION by Councilmember Bolkcom to move into record the lease, Page 1 tluough Exhibit H.
Seconded by Councilmember Saetke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Councilmember Bolkcom asked if the area would increase or decrease ar if we knew what the
numbers would be.
Mr. Nelson said the building would decrease in size but he did not know if the ratio would
change our monthly charges. Triland will be going maintenance under this new agreement.
MOTION by Councilmember Bolkcom to move into record a tluee-page document with
additions I-L and a C2 plus a change of address on the first page on lease premises. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 13, 2012 PAGE 23
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-18. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to amend the address on this resolution to 260 — 57th
Avenue. Seconded by Councilmember Vazichalc.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. Informal Status Report
Scott Hickok, Community Development Dicector, announced the Home and Garden Show
would be held at the Schwan Center in Blaine on February 25 from 9 a.m. to 2 p.m.
Councilmember Bolkcom thanked those who attended caucuses. Also please come to Kids Do
Art at Banfi11-Locke Center with a lot of kids' art on display. This event will be held through
March 3_froml0 a.m. to 4 p.m. and is free.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:30
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
AGENDA ITEM
cm.oF CITY COUNCIL MEETING OF MARCH 12, 2012
FRIDLEY
TO: William W. Burns, City Manager �1�� PW12-024
q�
FROM: James P. Kosluchaz, Public Works Director
Layne R. Otteson, Assistant Public Works Director
DATE: Mazch 7, 2012
SUBJECT: 2012 Water Main Project No. 404 - Resolution Directing Preparation
of Final Plans and Ordering Advertisement for Bids
The attached resolution directs preparation of final plans and specifications and authorizes the
advertisement for bids for the 2012 Water Main Project No. 404. This project includes work located on
83'd Avenue, Anoka Street, and Fireside Drive.
The proposed work provides rehabilitation and enhancements to the water distribution system. Staff
proposes to replace the 12" water main pipe on 83`d Avenue (Main Street to BNSF property). Staff also
identified water pipe looping needs (gaps) located on Anoka Street (6700 block to 6800 block) and
Fireside Drive (1200 block to Central Avenue).
Staff determined that the 12" water main pipe on the 83`d Avenue alignment is at risk to providing water
supply to the northwest corner of the City. This is due to age (50 years old) and location under a water
filled ditch. Staff cannot maintain or repair this pipe without significantly high repair costs mainly due to
dewatering and poor accessibility. Staff proposes to install a new 12" pipe along a different alignment
which will provide long term service and accessibility for future maintenance.
Staff has identified 2locations where new pipe segments aze recommended to be installed to fill missing
gaps in the water distribution system. Installing pipes in these gaps provides a looping effect which is
essentially a redundancy mechanism to provide water from multiple directions. Benefits of redundancy
include increased fire protection, greater reliability and higher quality of water. The first location is
Anoka Street. The installation of this pipe across Rice Creek will provide redundancy to the northeast
azeas of the City. Currently, a single 10" pipe serves the azea north of Rice Creek. This pipe extension
would also serve the Rice Creek Townhome neighborhood azea that is currently feed by a dead end 8"
water main. The second location is Fireside Drive. The installation of this pipe will provide added
redundancy to the northeast azea of the City and improve service to properties in the vicinity of Fireside
Drive.
�
Staff recommends combining all three areas together into one project to minimize overhead costs, more
competitive bids, and lower bid prices. The cost to complete these three projects is estimated to be
$385,000, which includes a 10% contingency in the event of unforeseen conditions. All costs are
preliminary, but aze expected to stay within the budgeted amount.
A total of $435,000 of funding is available for this project. This includes $293,000 $om the 2012 Water
Utility CIP and $142,000 carried forward from the 2011 Water Utility CIP.
Also, staff recommends combining this project with the Jackson Street Improvement Project No. 413 to
be bid and constnacted under one contract. Both projects will utilize directional drill construction
methods and similar piping materials. The City should realize project cost savings due to reduced
administrative costs and increased scale of project.
Staff recommends adopting the attached resolution to prepaze final plans, specifications and authorize
advertisement for bids.
JPK;Iro
Attachments
�
RESOLUTION NO. 2012 -
A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING
ADVERTISEMENT FOR SIDS: 2012 WATER MAIN PROJECT NO. 404
WHEREAS, the City Council of the City of Fridley has established a policy of expanding and rehabilitating the
City's water distribution system when necessary, and
WHEREAS, the Director of Public Works has submitted a plan showing the water distribution system in need of
expansion and rehabilitation for the current year,
WHEREAS, City staff has determined that it may be fina�cially advantageous and could result in administrative
cost savings and possible savings associated with project scale if the 2012 Water Main Projeat No. 404 coutract is
let as a par[ of and combined into a single conhact with Jackson Street Improvement Project No. 413;
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Fridley, Anoka County, Minnesota, as
follows:
That the water main recQmmended fo� rehabilitation and expansion by the Public Works Department be
completed, and the work involved in said improvement shall hereafter be designated as 2012 Water Main
Project No. 404. The project will include segments described as follows:
83`d Avenue from Main Street to the BNSF railway (approximately 3,500 feet)
Anoka Street from the b700 black to the b800 block (approximately 900 feet)
Fireside Street from the 1200 block to Central Avenue (approximately 700 feet)
2. The plans and specifications prepared by the Public Works Deparhnent for such improvement and each ofthem,
pursuant to the Council action heretofore aze hereby approved and shall be filed with the City Clerk.
3. The work to be perforrrted under 2012 Water Main ProjecY No. 404 may be combined with Jackson Sheet
Improvement Project No. 413 in order to realize administrative cost savings and possible savings associated
with project scale.
The Director of Public Works shall accordingly prepare and cause to be inseRed in the official newspaper
advertisement for bids upon the making of such improvements under such approved plans and specifications. The
advertisement shall be published at least 10 days prior to bid opening, and shall specify the �vork to be done and will
state that bids will be opened at 10:00 a.m. on Wednesday, April 11, 2012, in the Council Chambers of the City
Hall, and that no bids will be considered unless sealed and filed with the D'vector of Public Works and accompanied
by a cash deposit, bid bond, or certified check paya6le to the City of Fridley for five percent (5°l0) of the amount of
such bid. That the advertisement fQr 6ids for 2012 Water Main Project No. 404 shall be substantially standard in
form.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12T" DAY OF
MARCH, 2012.
Attest:
DEBRA A. SKOGEN - CITY CLERK
3
SCOTTJLUND-MAYOR
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CfTY OF
FRIDLEY
AGENDAITEM
CITY COUNCIL MEETING OF MARCH 12, 2012
TO: William W. Burns, City
FROM:
DATE:
SUBJECT
Managerx�l�
_�
James P. Kosluchar, Public Works Director
March 8, 2012
PW12-030
Approve a License Agreement with Anoka County for Use of Digital Ortho and
Oblique Photographs
As part of a cooperative effort with other cities in Anoka County, the City of Fridley participates in
obtaining high-resolution aerial photographs for staff use. These are especially valuable for
planning, development review, public works maintenance, and engineering uses. Updated digital
aerials have been obtained on a three-year cycle. In 2011, the aerial photography consisting of
digital ortho and digital oblique photographs were obtained. Ortho photos are taken from directly
above locations, whereas oblique photos are taken at an angle and providing different perspectives
with an elevation element.
In order to utilize this digital data, Anoka County requires each user to approve a licensing
agreement, whereby the terms of the data use are specified. Our City Attorney had a number of
recommended improvements to the agreement; however, due to time constraints ma�y cities had
approved the agreement prior to Anoka County staff completing review of the comments provided
by the City of Fridley. Anoka County staff has advised that they do not plan to modify the
agreement, with so many parties already having executed it. While the agreement is not in the
most useful form for us, we have clarified with Anoka County staff the critical elements of the
licensing of this data, and intend to use the data per their clarifications and our own (conservative)
interpretation of the agreement. We also intend to start the conversation early for the next cycle of
pictometry data so that the agreement terms we requested can be addressed.
Staff recommends a motion by the City Council to approve the attached Anoka Gou�ty Contract
No. 2011-0036 titled License For Use Of Digital Ortho And Oblique Aerial Photographs.
JPK:jpk
Attachment
0
Anoka County Contract No. 2017-OD36
LICENSE FOR USE OF
DIGITAL ORTHO AND OBLIQUE AERIAL PHOTOGRAPHS
THIS LICENSE AGREEMENT is made and entered into this day of
2011, by and between the County of Anoka, a political subdivision of the State of Minnesota
("County") and , ("Licensee.")
WITNESSETH
WHEREAS, the County entered into an agreement with Pictometry International Corp., a
Delaware corporation ("Pictometry°) for the purchase of digital ortho and oblique aerial photographs
and an information system license for software identified as Anoka County Contract No. 2011-0036
("Contract"); and
WHEREAS, as part of the Contract, Pictometry granted to the County a license to share the
software and images with cities, townships, school districts, political subdivisions, quasi-
governmental entities and others within the County of Anoka; and
WHEREAS, subject to the terms and conditions contained herein, Licensee wishes to use
and the County agrees to provide the Pictometry software and images associated with the
Agreement.
NOW, THEREFORE, in consideration of the covenants and conditions contained herein, the
parties agree as follows.
Section 1
GRANT OF LIMITED LICENSE
1.1 The County hereby grants to Licensee a non-exclusive, non-transferrable and non-
assignable limited use license to use the digital orthographic photographs, oblique aerial
photographs, the Pictometry On-Line (POL) website and information system software associated
with the Pictometry images described in Exhibit A("Pictometry Imagery").
Section 2
ACKNOWLEDGEMENT OF PROPRIETARY INFORMATION
AND RESERVATION OF TITLE
2.1 Licensee acknowledges and agrees that the Pictometry Imagery is the exclusive property of
Pictometry and is duly licensed by the County.
22 Licensee agrees that Pictometry owns the Pictometry Imagery and reserves all ownership,
proprietary rights, confidential and/or trade secret rights, and all protections and benefits
afforded under law. The granting of this license does not affect and does not transfer any
title in or to any Pictometry Imagery to the Licensee.
Section 3
PROTECTION OF PROPRIETARY INFORMATION
3.1 licensee agrees to only use the Pictometry Imagery in the ordinary course of its business
and all such use shall bear the provided notices of copyright by Pictometry. Licensee shall
protect the Pictometry lmagery from unauthorized access, use, dup{ication, dissemination, or
G
disclosure. Licensee agrees to immediately notity the County of any unauthorized access to
the Pictometry Imagery. Under no circumstances may the Licensee disclose or disseminate
any Pictometry software to any other public or private entity.
32 Licensee expressly agrees not to add or attach any trademarks, trade names, logos or other
marks to any Pictometry Imagery.
Section 4
TERM AND TERMINATION
4.1 This License shali commence on the day and year first written above and continue i� effect
until termination is hereinafter provided.
4.1 This agreement shall terminate upon termination and/or expiration of the County's
agreement with Pictometry.
4.3 Either party may terminate this agreement upon ninety calendar days written notice to ihe
other.
4.4 Within five days after expiration or termination of this agreement, the Licensee shall return
the Pictometry Imagery and all copies thereof to the County, or by the request of the County,
the Licensee shall destroy all of the same and all copies thereof and certify in writing to the
County that the same has been destroyed.
Section 5
OTHER TERMS AND CONDITIONS
5.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be
construed to create an agency, joint venture, partnership or other form of business
association between the parties hereto.
5.2 No Waiver. No delay or omission to exercise any right or power occurring upon any
noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof
unless the same is consented to in writing. All remedies provided for in this Agreement shall
be cumulative and in additio� to, and not in lieu of, any other remedies available to either
party at law, in equity, or otherwise.
5.3 Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Minnesota.
5.4 Entire Agreement. This License Agreement constitutes the entire agreement between the
parties, and there are no understandings or agreements relative hereto other than those that
are expressed herein. No change, waiver, or discharge hereof shall be valid unless in
writing and executed by the party against whom such change, waiver, or discharge is sought
to be enforced.
5.5 No Assignment. The Licensee shall not assign or transfer this Agreement, either in whole
or in part, without the prior written consent of the County, and any attempt to do so shall be
void and of no force and effect.
5.6 THE LICENSEE AGREES THAT THE COUNTY IS FURNISHING THE PICTOMETRY
IMAGERY ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND
WITHOUT REPRESENTATION OR ANY EXPRESS OR IMP�IED WARRANTIES,
-Z-
10
INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR
PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE
PICTOMETRY IMAGERY.
THE C�UNTY'S SOLE LIABILITY AND THE LICENSEE'S EXCLUSIVE REMEDY FOR
ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE PICTOMETRY
IMAGERY FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO
TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE
PICTOMETRY IMAGERY ARE ERRQR FREE. THE PICTOMETRY IMAGERY WERE
DEVELOPED AND/OR LICENSED FOR THE COUNTY'S OWN INTERNAL BUSINESS
PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT THE PICTOMETRY
IMAGERY CAN BE USED FOR NAVIGATIONAL, TRACKING OR ANY OTHER PURPOSE
REQUIRING EXACTING MEASUREMENT OF DISTANCE OR DIRECTION OR
PRECISION IN THE DEPICTION OF GEOGRAPHIC FEATURES. THE COUNTY
DISCLAIMS ANY OTHER RRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS
LICENSE AGREEMENT OR THE PICTOMETRY 1MAGERY.
5.7 Damages. The County and the Licensee agree each will be responsible for their own acts
and omissions under this Agreement and the results thereof to the extent authorized by law
and shail not be responsible for the acts or omissions of the other party under the
Agreement and the results thereof. In no event shall the County be liable for actuai, direct,
indirect, special, incidental, consequential damages (even if the County has been advised of
the possibility of such damage) or loss of protit, loss of business or any other financial loss
or any other damage arising out of performance or failure of performance of this Agreement
by the County. The parties' respective liabilities shall be governed by the provisions of the
Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This
paragraph shall not be construed to bar legal remedies one party may have for the other
party's failure to fulfill its obligations under this Agreement.
5.8 Compliance. The parties shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances in force or hereafter enacted.
5.9 Notice. Any notice or demand shall be in writing and shall be sent registered or certified
mail to the other party address as follows:
To Licensee:
To County: Anoka County Administrator's O�ce
2100 Third Avenue
Anoka, MN 55303
Copy to: Anoka County Attorney's O�ce
2100 Third Avenue
Anoka, MN 55303
5.10 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this
-3-
11
Agreement are incorporated into and made a part hereof by this reference.
5.11 Survival of Provisions. It is expressly understood and agreed that the obligations and
warranties which by their sense and context are intended to survive the performance thereof,
including but not limited to obligations respecting proprietary rights and confidentiality, shall
so survive the completion of performance and/or termination or cancellation of this
Agreement.
5.12 Authority. The person or persons executing this License Agreement on behalf of Licensee
represent that they are duly authorized to execute this License Agreement on behalf of
Licensee and represent and warrant that this License Agreement is a legal, valid and binding
obligation and is enforceable in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the dates so
indicated.
COUNTY OF ANOKA, A POLITICAL
SUBDIVIStON OF THE STATE OF
MINNESOTA
By: _
Its:
Dated:
ATTEST
By: _
Its.
Dated:
APPROVED AS TO FORM
�
Dan Klint
Assistant County Attorney
�
Its:
Dated:
�
lts:
Dated:
�ated: I]CIVIDKICONTRAC112008\Lic for Use of Digi(al Oriho and
Oblique Aefial Photoglaphs-la.tloc
-4-
`F�
Exhibit A
To License Agreement
Between Anoka County and
Imaqes:
The term Pictometry Imagery, as used in this Agreement, shall mean the digital orthographic
photographs, oblique aerial photographs, the Pictometry On-Line (POL) website and information
system associated with Pictometry software and the following:
t) those selected images, as mutually defined by the parties, associated with the
aerial photography performed in 2011 ("2011 Pictometry images"); and
2) Licensee understands and agrees that the granting of this License shall in no way
be construed as the granting or continuation of this License to view digital
orthographic and oblique photographs for later flyovers.
3) Licensee may provide access to the Pictometry On-Line (POL) website to all staff
within their respective agency and to consultants who wish to use the POL
website for projects and/or work being done for said Licensee only.
Cost:
A. Licensee understands that the County will be providing the 2011 Pictometry Images as
part of a cost share between Anoka County and participating public agencies within the
County. Licensee acknowledges that fees charged for the cost of aerial photography
performed in future years may change.
B. For those Licensees who wish to access the actual Pictometry Imagery and software
(beyond what POL provides), the County will deliver the imagery/data via an external
digital storage device. Prior to the delivery of the storage device, the Licensee shaff
reimburse the County for the cost of downloading the informatio� into the storage device
and the storage device itself. Licensee further acknowledges and understands that to
have full access to the Pictometry Images the Licensee will need access to the County
GIS database, which the �icensee shall procure under separate license from the County.
5-
13
i=
QTY OF
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
March 12, 2012
William W. Burns, City Manager �,�1Y
Director of Public Safety Donovan Abbott
Captain Bob Rewitzer
March 8, 2012
Council Resolution Authorizing Master Joint Powers Agreement
Between the BCA and City of Fridley
Under Minn. Stat. § 299C.46 the State of Minnesota acYing through its Department of Public Safety,
Bureau of Criminal Apprehension (BCA) must provide a criminal justice data communications
network to benefit criminal justice agencies in Minnesota. The City Prosecutor is authorized by law to
utilize the criminal justice data communications network (CJDN) pursuant to the terms set between the
agencies. Additionally, the BCA either maintains repositories of data or has access to repositories of
data that are of benefit to the City Prosecutor. The BCA has a Master Joint Powers Agreement the
purpose of which is to create a method by which the City Prosecutor has access to those systems and
tools for wluch it has eligibility and to acknowledge and honor the requirements to obtain access and
the limitations on access. The Master Joint Powers Agreement specifically grants the City Prosecutor
permission to use all current and future BCA systems and tools for which it is eligible within CJDN.
The Council may authorize execution of the Master Joint Powers Agreement which is necessary for
the City Prosecutor to access and utilize CJDN. All employees that utilize CJDN are required by BCA
policy to receive training, be tested and cartified to access this system. The City Prosecutor strictly
adheres to that policy.
If Council chooses not to authorize the execution of the Master Joint Powers Agreement, the City
Prosecutor would not have access to CJDN. Discontinuing access to this network would hinder the
City Prosecutor in fulfilling prosecutorial responsibilities.
The City Prosecutor is responsible for any costs associated with this agreement.
Staff recommends Council's approval of the Master Joint Powers Agreement.
14
RESOLUTION NO. 2012-
RESOLUTION ENTERING INTO A JOINT POWERS AGREEMENT WITH THE STATE OF
MINNESOTA AND THE CITY OF FRIDLEY AND AUTHORIZING THE PUBLIC SAFETY
DIRECTOR TO ACT AS THE AUTHORIZED REPRESENTATIVE FOR THE CITY AND TO
EXECUTE SAID AGREEMENT
WHEREAS, under Minn. Stat. § 471.59, the State of Minnesota acting through its Department of Public
Safety, Bureau of Criminal Apprehension (hereinafter referred to as `BCA") and the City of Fridley
acting on behalf of its Prosecuting Attorney (hereinafter referred to as "Agency") are empowered to
engage in such agreements as are necessary to exercise their powers; and
WHEREAS, under Minn. 5tat. § 299C.46, the BCA must provide a criminal justice data communications
network to benefit criminal justice agencies in Minnesota; and
WHEREAS, the Agency is authorized by law to utilize the criminal justice data communications network
pursuant to the terms set out in the Master Joint Powers Agreement; and
WHEREAS, the BCA eithar maintains repositories of data or has access to repositories of data that
benefiY criminal justice agencies in performing their duties; and
WHEREAS, the Agency wants access to these data in support of its criminal justice duties; and
WHEREAS, the purpose of the Master Joint Powers Agreement is to create a method by which the
Agency has access to those systems and tools for which it has eligibility, and to acknowledge and honor
the requirements to obtain access and the limitations on the access; and
WHEREAS, this agreement specifically grants the Agency the use of all current and future systems and
tools of the BCA for which the Agency is eligible within the criminal justice data communications
network; and
WAEREA5, the costs associated with this agreement are borne by the City Prosecutor;
NOW, THEREFORE BE IT RESOLVED by the City Council of Fridley, Minnesota as follows:
1. That the Master Joint Powers Agreement by and beriveen the BCA and the Agency, shown in
Attachment 1, is hereby approved..
2. That the Fridley City Council authorizes the Public Safety Director or his or her designee to be
the Authorized Representative for the Agency and to execute said Agreement and any subsequent
amendment or agreement that may be required by the BCA to maintain the Agency's connection to the
systems and tools offered by the BCA.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TH[S 12T" DAY
OF MARCH 2O12.
Attest:
Debra A. Skogen, City Clerk
15
Scott J. Lund, Mayor
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
CRIIVIINAL JUSTICE AGENCY
SWIFT Coniract #30446
A�Il�I002159A
� ����
"I`his agreement is between the State of Minnesota, acting ttuough its Departinent of Public Safety, Bureau of Criminal
Apprehension ("BCA") and the City of Fridley on behaif of its Prosecuring Attorney ("Agency").
Recitals
Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to
exercise tt�eir powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications
network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the cnminal justice
data communicahons network pursuant to the terms set out in this agreement. In addition, BCA either maintains
repositoties of data or has access to repositories of data that benefit criminal justice agencies in perfortning their duties.
Agency wants to access fhese data in support of its criminal justice duties.
The purpose of this Ageement is to create a method by which the Agency has access to those systems and tools for which
it l�as eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
Term of Agreement
1.1 Effective dafe: This Agreement is effective on the date the SCA obtains all required signatures under Mian.
Stat. § 16C.05, subdivision 2.
1.2 ExpiraZinn date: This Ageement expires five years from the date it is effective.
2 Agreement between the Parlies
2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data
Communications Network (CJDI� and those systems and tools which the Agency is authorized by law to access �-ia
the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's
systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's
systems or tools.
B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and
information from BCA's systems and tools. This method of access generally results in the Agency with indirect
access obtaining the needed data and informarion in a physical format like a paper report.
C. Computer-to-computer system interface occ�ss when Agency's computer exchanges data and information
with BCA's computer systems and tools using an interface. Without limitafion, interface types include: state
message switch, web services, enterprise service bus and message queuing.
For pisposes of this Agreement, Agency employees or conh-actors may use any of these methods to use BCA's
systems and tools as described in this Agreement. Agency will select a method of access and can change the
methodology following the process in Clause 2.10.
2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA will provide
Agency with access to the Federal Bureau of Invesrigarion (FBn National Crime Informarion Center.
1
16
SR'IF"T Contract a3U446
IvIN002 ] 59A
2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Infoimation Systems (FBI-CJIS) have policies;
regulations and laws on access, use, audit, disseminafion, hit confumation, logging, quality assurance, screening (pre-
employment), security, rimeliness, training, use of the system, and validation. Agency has created its own policies to
ensure that Agency's employees and contractors comgly with a11 applicable requirements. Agency ensures this
compliance through appropriate enforcement. These BCA and FBI-C7IS policies and regularions, as amended and
updated from time to time, are incorporated into this Ageement by reference. The policies are available at
www.dps.state.mn.us/ci �.
2.5 Agency resources. To assist Agency in complying with tt�e federal and state requirements on access to and use of
the various systems and tools, information is available at httvsc//s�sx.state.tnn.us/sites/bcaservicecataloe/default.asnx.
2.6 Access granted.
A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is
eligible. Eligibility is dependent on Agency (i) satisfying all applicable federa] or state statutory requirements; (ii)
complying with-the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a
specific system or tool.
B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make
cvritten requests for those systems and tools provided by BCA that the Agency needs to meet its criminal jusrice
obligations and for which Agency is eligible.
2.7 I�ture access. On written request by Agency, BCA also may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement, 'to the extent that the access is authorized by
applicable state and federa] law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that when uh::izing new systems or tools yro �ided under t�iis Agreement.
2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making
infotmation accessible. Agency agrees that it wil] comply with applicable shte and federal laws v✓hen accessing,
entering, using, disseminating, and storing data. Each pariy is responsible for its own compliance with the most
current applicable state and federal laws.
2.9 Snpersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and
the Agency regazding access to and use of systems and tools provided by BCA.
2.10 Requirement to update information. The parties a�ee that if there is a change to any of the informafion
whether requu-ed by law or this Agreement, the parry will send the new information to the other party in writing
within 30 days of the change. This clause does not apply to changes in systems or tools provided under this
Agreement.
This requirement to give notice addilionally applies to changes in the individual or organization serving a city as its
prosecutor. Any change in perfortnance of the prosecutorial funcrion needs to be provided to the BCA in writing by
giving notice to the Service Desk, BCA.ServiceDeskCa�state.mn.us.
2.11 Transaction record. 'I1�e BCA creates and maintains a transaction record for each exchange of data utilizing its
systems and tAOls. In order to meet FBI-C1IS requirements and to perform the audits described in Clause 7, there
must be a method of identifying which individual users at the Agency conducted a particulaz transaction.
ff Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 22B, BCA's
transacrion record meets FBI-C7IS requirements.
VJhen Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must
keep a tcansaction record sufficient to satisfy FBI-CIIS requirements and permit the audits described in Clause 7 to
occur.
2
17
SWIFT Contract,ir30d46
MN002159A
If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota
Deparhnent of Public Safety, Agency must have a transaction record of al] access to the data that are maintained. The
h-ansaction record must include the indizddua] user who requested access, and the date, time and content of the
request. The transaction record must also include the date, time and content of the response along wifh the destination
to which the data were sent. The iransacrion record must be maintained for a minimum of six (� years from the date
the transaction occurred and must be made ava±lable to the BCA within one (1) business day of the BCA's request.
2.12 Court in5'ormation access. Certain BCA systems ar,d tools that include access to andlor submission of Court
Records may only be utilized by the Agency if fhe Agency completes the Court Data Services Subscriber
Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and
tools aze identified in the written request made by Agency under Clause 2.6 above. The Court Data Services
Subscriber Amendment provides important additiona] terms, including but not limited to privacy (see Glause 8.2,
below), fees (see Clause 3 below), and h-ansaction records or logs, that govem Agency's access to and/or submission
of the Court Records delivered through the BCA systems and tools.
Payment
The Agency understands there is a cost for access to the criminal justice data communicarions network described in
Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third parry will be responsible
for the cost of access.
Agency will identify the third party and proti�de the BCA with the contact information and its contact person for
billing purposes so that billing can be established. The Agency v.�il] provide updated informarion to BCA's
Aufhorized Representative c��ithin ten business days when this information changes.
If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to
access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment.
4 Authorized Representadves
The BCA's Authorized Representative is Dana Gotz, Departinent of Pubiic Safety, Bureau of Criminal Apprehension,
Minnesota Jusiice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 6� 1-743-10Q7, or her
successor.
The Agency's Authorized Representative is William Bums, City Manager, 6431 University Ave NE, Fridley, MN
5543Z, 763-571-3450, or hismer successor.
Assignment, Amendments, Waiver, and Contract Complete
51 AssignmenL Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendmexts. Any amendment to this A�eement, except those described in Clauses 2.6 and 2J above must be in
writing and will not be effective unril it has been signed and approved by the same parties who signed and
approved the original a�reement, or their successors in office.
5.3 Waiver. If either parry fails to enforce any provision of this Agreement, that failure does noi waive the proozsion
or the right to enforce it.
5.4 Contract Complete. This Agreement contains a11 negoriarions and agreements between the BCA and the Agency.
No other understanding regazding this Agreement, whether written or oral, may be used to bind either parry.
6 Liability
Eacb party �211 be responsible for its owm acts and behavior and the results thereof and skiall not be responsible or
liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. §
3.�36 and other applicable laws govem the BCA's liability. The Miimesota Municipal Tort Claims Act, Minn, Stat.
Ch. 466, govems the Agency's liability.
�
SW�T Contract #30446
MN002159A
Audits
7.1 Under Minn. Stat § 16C.05, subd. 5, the Agency's books, records, documents, interna] poticies and accounring
procedures and pracrices relevant to this Agreement are subject to examination by the BCA, the State Auditor or
Legislative Auditor, as appropriate, for a zninimum of six yeazs from the end of this Agreement. L3nder Minn. Stat. §
6.551, the State Auditor may examine ihe books, records, documents, and accounting procedures and practices of
BCA. The examination sha11 be limited to 1�e books; records, documents, and accosnting procedures znd practices
that are relevant to this Agreement.
7.2 Under applicable state and federal law, ttte Agency's records aze subject to examinarion by the BCA to ensure
compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency ��ill
cooperate with FBI examiners and make any requested data available for review and audit.
7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
used to access the data covered by this Agreement and the physical location of each.
Government Data Practices
8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act,
Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to al] data created,
collected, received, stored, used, maantained, or disseminated by the Agency under this Agreement. The remedies of
Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred m in this clause by either the Agency or the
BCA.
8.2 Court Records. If Agency chooses to execute the Court Data Senlces Subscriber Amendment refened to in
Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding
data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see secrion 13.40) but as subject to the Rules
of Public Access to Records of the 7udicial Branch promulgated by the Minnesota Supreme Court. All parties
aclmowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply ��th
the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
All parties also aclrnowledge and agree that the use of; access to oz submission of Court Records, as that term is
defined in the Court Data Services Subscriber Amendment, may be reshicted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
reshictions must be followed in the appropriate circumstances.
9 Invesfigafion of a[leged violations; sancfions
For purposes of this clause, "Individual User" means an empioyee or con�actot of Agency.
9.1 Invesfigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
violafions of federal law, state ]aw, and policies and procedures referenced in ttus Agreement. When $CA becomes
awaze ihat a violation may have occurred, BCA will inform Agency of the suspected ��iolation, subject to any
resh-ictions in applicable law. VJhen Agency becomes aware that a��iolation has occurred, Agency will inform BCA
subject to any resh-icrions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
Amendment.
9.21 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
must detemune if and when an involved Tndividual User's access to systems or tools is to be temporarity or
pem�anently eliminated. The decision to suspend or ternvnate access may be made as soon as alleged F�iolation is
discovered, after notice of an alleged violation is received, or afrer an invesrigarion has occurred. Agency must report
the status of the Individua] User's access to BCA without delay.
4
19
SWIF'T Con4act #30446
NLND02159A
9.2.2 If BCA determines tt�at Agency has jeopardized the integriry of the systems or tools covered in this Clause 9.2,
BCA may temporarily stop pro��ding some or all fhe systems or tools under this Agreement unril the failure is
remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and
BCA may temunate this Agreement immediately.
9.3 Sanctions Involcing Only Court Dafa Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the
delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is
required to suspend or terminate access to or use of the systems and tools either on its ow�n initiative or when direcfed
by the Court. The decision to suspend or temunate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received, oi after an investigation has occurred. The decision fo suspend or
tecminate may also be made based on a request from the Authorized Representarive of Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's
Individual Users violate the provi�ions of that Amendment, access and use will be suspended by BCA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
93.2 Agency fw-dier agrees that if Agency believes that one or more of its Individual Users have �do]ated the terms of
the Amendment, it wil] norify BCA and Court so that an investigation as described in Clause 9.1 may occur.
10 Venue
V enue for all legal proceedings invoiving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination. The BCA or the Agency may ternunate this Agreement at any time, with or without cause, upon 30
days' a�ritten noIIce to the other party's Authorized Representative.
11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level
sufficient to allow for the payment of the services covered here. Termination must be by written norice to the other
parry's authori2ed representative. The Agency is not obligated to pay for any sen�ices that are provided after norice
and effective date of termination. However, ttie BCA will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to tt�e extent that funds aze available. Neither party will be assessed any penalty if
the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. Notice of the lack of funding must be provided wzthin a reasonable time of tt�e affected parcy
receiving that notice.
12 Continui¢g obligations
The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Govemment
Data Practices; 4. Investieation of alleged �nolations; sancrions; and lO.Venue.
2�
SWIFT Contract #30446
MN002159A
The par[ies ittdicafe their ¢greement and ¢ut1¢ority to execute this Agreement by signing belaw.
I. STATE ENCUMBRANCE VERIFICATTOn
Individu¢! ceriifes lhpt fiends fiave been encuncbered ns required
byMirta- Stat. ¢¢ 16A.15 and 16C.05.
Name:
(Pf21PiTED)
Signed:
Date:
SVJIFT Conhact number
2. AGENCY
Nazne:
(PRINTEO)
Signed:
Title:
(with delegated authority)
Date:
Name:
(PRINTED)
Signed:
Titfe:
(with delegated avthonty)
Date:
3. DEPAR7'MENT OF PUBLIC SAFETY, BUREAU OF
CRIMAAL qPpREHENSION
Name:
(PRINTED)
Sigoed:
Title:
(with delegazed authoriry)
Date.
4. COMMISSSONER OF ADMTNISTRATION
delegated to Materiats Management Division
�
Date:
21
'•
�
CfTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 12, 2012
To: William Burns, City Manager ��`
From: John Berg, Fire Chief
CC: Donovan Abbott, Public Safety Director
Re:
Date:
Approval of a Joint Powers Agreement with the Minnesota Incident Management Team
February 10, 2012
The Minnesota All Hazards Incident Manageme�t Team (Type 3) was formed in 2007 io provide the
State of Minnesota with a FEMA Type 3 incident management team that could assist local agencies in
managing complex incidents over an extended period of time until the local agencies are able to
manage the incident or until a Type 2 or Type 1 team is able to be deployed. Examples of incidents
include natural disasters, transportation accidents, and public events. The Minnesota team is currently
comprised of 135 trained professionals from a variety of agencies and includes police, fire, EMS,
emergency management, and health.
A Type 3 team deployment is composed of 10- 20 trained personnel who are able to manage a major
and/or complex incident requiriog a significant number of local, regional, and state resources, and
incidents that extend ioto multiple operational periods and require a written incident action plan.
Deployments for individual team members are limited to two weeks.
Fridley benefits from the Minnesota Incident Management Team by having a Minnesota resource that
is able to deploy in less tha� 12 hours to assist in managing an incident. By providing team members
to the team Fridley gains experieuced incident managers at no cost to the City other than wages and
benefits. An additional benefit to the City is the ability of Fridley team members being able to utilize
part of a team rather than a whole team in the event of an incident or event in the City of Fridley.
I am recommending the City of Fridley adopt the attached Joiot Powers Agreement that would allow
employees of the City of Fridley to train and operate with the Minnesota All Hazards Incident
Management Team.
hf1p://mnahimt3.imtcenter.net
22
,
Joint Powers Agreement
Establishing the Regional
All-Hazards Incident Management Organization
This agreement is made pursuant to the authority conferred upon the participants by
Minnesota Statute 471.59. The participants to this agreement are all "governmental
units" as defined by Minnesota Statuie 471.59, Subdivision 1.
0 General Purpose. The purpose of this Joint Powers Agreement is to
establish the Regional All-Hazards �ncident Management Organization, which
shall be governed by a Board of Directors, for the purpose of establishing,
training, equipping, maintaining and deploying AH-Viazard Incident
Management Teams to incidents inside and outside the State of Minnesota
as may be requested by a local agency or other unit of government.
2.0 Definitions. In addition to the standard definitions found in the National
Incident Management System (2008), the following definitions apply to this
document.
2.1 "All Hazard Incident Management Organization" (Organization) — The
group of all Team Members, governed by the Board, who may be
availabie to be rostered or activated to support incident management
activities pursuant to this Agreement.
2.2 "All Hazard Incident Management Team" (AHIMT) — A group of Team
Members, designated by the Board, who are rostered for deployment
or are deployed to support incident management activities pursuant to
this Agreement.
2.3 "Team Member" —A trained and qualified person, approved by the
Soard, who is empioyed by, contracted to, or voVunteering with a
Participant, who is or may be available to be acti�ated to support
incident management activities pursuant to this Agreement.
2.4 "Board" — The Board of Directors established by this Agreement
2.5 "Director" — A member of the Board of Directors, qualified as defined
under this Agreement, who is employed by, contracted to, or
volunteering with a Participant, who may be available to be activated
to support incident management activities pursuant to this Agreement.
2.6 "ParticipanY' —Any governmental unit as defined by Minnesota Statute
471.59, Subdivision 1 which is a signatory to this Agreement.
3.0 Particiqants.
3.1 Participants: Subject to additional Participants added hereunder, the
Participants shall be: (Attached Roster)
3.2 Status: No change in governmental boundaries, structure,
organizational status or character shall affect the eligibility of any
Final 11- 23, 2010
23
Participant listed ahove to 6e represented on the Board as long as
such Participant continues to exist as a separate political subdivision.
3.3 Responsibility for Empioyees: All employees engaged in the work
to be performed by a participant under this /�qreement may not be
considered employees of any otheY partiCipant fo� any purpose,
inciuding worker's compensation and other claims that may or might
arise out of the employment context on behalf of the employees. All
claims made by a participant as a result of any act or omission of a
participanYs employees while engaged on any of the work pertormed
under this Agreement are not the obligation or responsibility of any
other participant. Each participant is responsible for injuries or death
of its own personnel. Unless otherwise provided by law, each
participant will maintain workers' compensation insurance or self-
insurance coverage, covering its own personnel while they are
providing services under this Agreement. Each participant waives the
right to sue any other participant for any workers' compensation
beneiits paid to its own employee or volunteer or their dependants,
even if the injuries were caused wholly or partially by the negligence
of any other participant or its officers, employees, or volunteers.
3.4 Emergency Management Assistance Compact EMAC: Any
participant engaged as a member of the AHIMT and deployed as part
of an EMAC request are afforded all the protections and coverage as
stated in Minn. Stat. 192.89, and retains all stated protections and
coverage while engaged as part of an EMAC request.
4.0 Board of Directors.
4.1 Directors. The Organization shall be governed by a Board of
Directors which shall consist of one (1) qualified Director appointed by
the governing body of each participant. Each PaRicipant may
designate a qualified alternate for its appointed Director.
4.2 Qualifications. Directors and alternates must be Team Members and
must have taken the current FEMA All-Hazards Incident Management
Team Training, Incident Command System ICS-400 level training and
current FEMA IS 700 and IS 800 training.
4.3 Compensation. Directors shall serve without compensation from the
Organization or Board. This shali not prevent a Participant from
providing compensation to a Director for serving on the Board.
5.0 QuorumNoting.
5.1 Quorum. A majority of a41 of the Direetors shall constitute a quorum.
A simple majority vote of the Directors present at a meeting with a
valid quorum shall be required for the Board to take action, unless
otherwise provided in this Agreement or by law.
Final 11- 23, 2010
24
5.2 Voting. There shall be no voting by proxy. All votes must be cast by
the Director or designated alternate at a Board Meeting. Each
Director shail have one (1) vote.
6.0 Officers.
6.1 Officers. The officers of the Board shall be a Chair, Vice-Chair ad
Secretary/Treasurer.
6.2 Elections. At its first meeting, the Board shall elect a Chair, a Vice-
Chair, and a Secretary/Treasurer who shall serve two year terms
ending on December 31. Officers elected to partial or unexpired
terms (including the initial term of office which ends on December 31,
2008) shall serve out the partial term but must then sta�d for election
with the other Officers for the following term.
6.3 Vacancies. A Director shail be elected in the same manner as above
to fill out an unexpired term of any office which becomes vacant.
6.4 Other Officers. The Board may elect or appoint such other officers
as it deems necessary to conduct its meetings and affairs.
7.0 Meetinas
7.1 Annual Meeting. The Board shall meet at least annually on a
schedule determi�ed by the Board.
7.2 Ca11. Meetings of the 8oard may be ca{led by the Chair or upon
written request of a majority of the Directors.
7.3 Open Meeting/Data Practices. The Organization shall comply with
data practices and open meeting laws which are applicable to the
Participants.
7.4 Meeting by Teleconference. The Board, in an emergency, may
meet by teleconference. A quorum of the Board is required to be
present on the call to conduct business.
8.0 Powers and Duties of the Board.
8.1 The powers and duties of the Board include, but are not limited to,
those enumerated in this section.
8.2 The Board shall prepare, adopt, and implement a plan to provide
AHIMT response according to the terms and conditions herein.
8.3 The Board shall establish, train, equip, maintain, and govern the
Organization, AHIMT(s) and Team Members in their capacity as
Team Members.
Final l 1- 23, 2010
25
8.4 The Board shall provide for the deployment and recovery of one or
more AHIMTs to incidents as may be requested by another
government unit under circumstances approved by the Board.
8.5 The Board shall prepare and approve an annuai budget for the
AH1MT.
8.6 The Board may purchase and maintain equipment necessary for the
performance ot its duties and the duties of the AHIMT.
8.7 The Board may enter into contractual delegations of authority with
local, state, or Federal, government units for the purposes of
conducting incident management operations within the jurisdiction of
such units and such power may be delegated to designated incident
commanders.
8.8 The Board may research and make recommendations to the
Participants regarding other matters related to the AHIMT's purposes.
8.9 The Board may consult with persons knowledgeable in all hazards
incident management and response, such as research organizations,
educational institutions, other political subdivisions, regulatory
organizations, technical experts, and any other persons who can
provide pertinent information.
8.10 The Board may cooperate or contract with the State of Minnesota,
any political subdivision, federal agencies or private or public
organizations to accomplish the purposes for which it is organized.
8.11 The Board may contract with other governmental units to provide
the services of the AHIMT. The Board may enter into a mutual aid
agreement with other similar AHIMTs.
8.12 The Board may contract for or purchase such insurance as the
Board deems necessary for the protection of the Board, the
Participants, the Response Team, and its property.
8.13 The Board may accumulate reserve funds for the purposes herein
mentioned and may invest funds of the Organization not currently
needed for its operations.
8.14 The Board may collect money from participants, subject to section
10.2, and from any other source(s) authorized by law.
8.15 The Board may make contracts, employ consultants, incur
expenses and make expenditures necessary and incidental to the
effectuation of its purposes and powers, in conformance with the
requirements applicable to contracts and purchases of all the
Participants.
Final 11- 23, 2010
�
8.16 The Board shall cause to be made an annual audit of the books
and accounts of the Board and shali make and file a report to the
Participants at least once each year. Strict accountability of all funds
and report of all receipts and disbursements shall be made.
8,17 The Board's books, repo�ts and records shall 6e available for and
open to inspection by its Participants at all reasonable times. The
Board's records shall be availabie for inspection by the public
pursuant to Minnesota Statutes, Chapter 13.
8.18 The Board may appoint such committees as it deems necessary
to exercise the powers of the Board in accordance with by-laws
adopted by the Board and as allowed by law.
8.19 The Board may exercise all other lawful powers �ecessary and
incidental to the implementation of the purposes and powers set forth
herein, including, without limitation, the adoption of by-laws to govern
the functioning of the Board, provided that no by-law or action of the
Board shall be contrary to the terms of this Agreement.
9.0 Ad'ditional Particioants
9.1 Vote of Board. Other governmental units may become a participant
to this Agreement upon approval of a 213 majority of the Board entitled
to vote. The new Participant shall sign a copy of this Agreement.
Existing Participants shall not be required to sign the agreement
again.
9.2 Non-Governmental Entities. With the approval of the Board, Non-
Governmental entities may appoint qualified Directors to become
advisory (non-voting) members of the Board and may contribute
personnel to AHIMT operations upon entering into a sponsorship
agreement with any one Participant in a form accepted and approved
by the Board.
10.0 Finance
10.1 No Joint Powers Board. A"joint powers board" pursuant to
Minnesota Statutes 471.59, Subd. 11 is not established by this
agreement. Neither the Board nor the Organization has authority to
issue bonds or obligations.
102 Revenue. The Organization is wholly funded through grant funds
available to one or more of the Participants. Participants are not
obligated under this agreement to fund the Organization in any other
fashion without an amendment to this Agreement as provided herein.
10.3 Disbursements. The Orga�ization may make disbursements from
public funds to carry out the purposes of this agreement.
Final 11- 23, 2010
�
10.4 Fiscal Agent. The Board shall designate one Participant, with that
ParticipanYs consent, to serve as the fiscal agent for the Organization
and funds may be paid to or disbursed by that Participant provided
that the method of disbursement shali agree as far as practicabfe with
the method provided by law for the disbursement of funds by the
parties to the agreement.
10.5 Purchasing. Contracts let and purchases made under the
agreement shaH conform to the requirements applicahle to coMracts
and purchases of the Fiscal Agent.
1D.6 Accountability. The fiscal agent shall maintain accountability of
all funds and report of all receipts and disbursements.
10.7 Distribution of Property. In the event that the Agreement is
terminated as provided herein, any property acquired as the result of
such joint or cooperative exercise of powers or surplus money shall
be disposed of pursuant to the terms of any applicable grants or other
contractual obligations, or, in none, pursuant to the procedures of the
Fiscal Agent and the proceeds from such disposal shall be distributed
pro rata to the Participants.
11.0 Indemnification
11.1 The Board shall defend, indemnify and hold harmless the
Partcipants and any employees, officials, volunteers, or agents of the
Participants against all claims, losses, liability, suits, judgments, costs
and expenses by reason of the action or inaction of the Board or
employees or agents of the Board. This agreement to indemnify and
hold harmless does not constitute a waiver by any participant of the
limitations on liability provided under Minnesota Statutes, Chapter 466
or Section 3.736 or a waiver of any available immunities or defenses.
To the fullest extent permitted by law, actions by the Participants
pursuant to this Agreement are intended to be and shall be construed
as a"cooperative activity," and it is the intent of the Participants that
they shall be deemed a"single governmental uniY' for the purposes of
liability, all as set forth in Minnesota Statutes, Section 471.59, subd.
1 a(a); provided further that for purposes of that statute, each
Participant to this Agreement expressly declines responsibility for the
acts or omissions of any other Participant. Any excess or uninsured
liability shall be borne equally by each Participant.
12.0 Duration.
This Agreement shall remain in full force and effect until it is terminated in
the manner provided herein.
Final 11- 23, 2010
�
13.0 Default.
Upton the failure of any Participant to fuffiif any of its other materiat
obligations under this Agreement the Board may expel a Participant upon
2!3 vote.
14.0 Effeotive Date.
This Agreement shall become effective upon the approval of any two
Participants herein and shall become binding upon the remaining
Participants on the dates of the approval of each of them. All Participants
need not sign the same copy. The signed Agreement along with a
certified copy oF the resolution authorizing the Agreement, shall be filed
with the Fire Chief of the City oi B{oomington, who shall notify all
Participants in writing of its effective date and set a date and place for the
Board's first meeting.
15.0 Amendments.
This agreement may be amended only by the unanimous agreement of all
Participants acting by and through their governing bodies.
16.0 Withdrawal and Termination.
16.1 Withdrawal. Any participant shall have the right to withdraw from
this Agreement and Organization hereby created in the foilowing
manner:
16.1.1 Notice of intent to withdraw shall be given in writing to all
Participants.
16.1.2 The governing body of the withdrawing participant shall
pass a resolution declaring its intent to withdraw effective
on a specified date, which date sha{I not be less than
ninety (90) days from the day of the resolution and shall
send a certffied copy of such resoluti4n to the Chair of the
Board not less than ninety (90) days before the effective
date with withdrawai. The certified copy of such resolution
shall be provided to the Chair of the Board by hand
delivery.
16.1.3 Upon receipt of the resolution of a withdrawal, the Chair of
the Board sha11 mail copies of the resolution to ali
Directors.
16.2 Continuing Organization. Notwithstanding the parties' authority
to withdraw, this Agreement and the Organization created hereby
shail contihue in force until all remaining Participants mutually agree
to terminate or revise this Agreement.
Final 11- 23, 2010
29
16.3 Termination. After the effective date of termination, the Board
shall continue to exist for the limited purpose of discharging the
Board's debts and liabilities, settling its affairs, and disposing of its
property and surpVus monies, if any.
17.0 Captions.
The captions of this Agreement are for convenience and reference only
and in no way define, limit, or describe the scope or intent of this
Agreement.
18.0 Severabilitv.
The provisions of this Agreement are severable. If any section,
paragraph, subdivision, sentence, clause, or phrase of the Agreement is
heid to be contrary to law, rule, or regulation having the force and effect of
law, such decision shall not affect the remaining portions of this
Agreement.
19.0 Counteroarts.
This Agreement may be executed in any number of counterparts, and
each such counterpart hereof shail be deemed to be an original
instrument, but all such counterparts together shall constitute buf one
agreement. The Fiscal Agent shall act as administrator of the Agreement
for the purpose of maintaining the document and insuring its availability to
all Participants. The Fiscal Agent shall provide notice to all pa�ties in the
event of the addition or withdrawal of a Participant.
20.0 Construction.
Each provision of this Agreement has been reviewed and negotiated, and
represents the combined work product of all Participant hereto. NO
presumption or other rules of construction that would interpret the
provisions of this Agreement in favor of or against the Participant
preparing the same shall be applicable in connection with the construction
or interpretation of any of the provision of this Agreement.
21.0 Governina Law.
This Agreement, and the rights of the parties hereto, shall be governed by
and construed in accordance with the laws of the State of Minnesota.
22.0 Entire Aqreement.
The entire agreement between the Participants hereto is contained in this
Agreement, and this Agreement supersedes all of their previous
understanding and agreements, written and oral, with respect to the
subject matter of this Agreement.
Final l l- 23, 2010
�
IN WITNESS WHEREOF - the undersigned governmental units, by action of their
governing bodies, have caused this Agreement to be executed in accordance with the
authority of Minnesota Statute 471.59.
Final 11- 23, 2010
31
Execution Page for the
Joint & Cooperative Agreement
For The A1f Hazards Incident Management Team
'I'he paity listed below has read, agreed to and executed this Agreement on the date
indicated.
Date
Finai 11- 23, 2010
Entity
By —
Title
And
Title
�
10
i"
�
crtr oF
FRIDLEY
TO:
FROM
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 12, 2012
William W. Burns, City Manager fi�
James P. Kosluchar, Public Works Director
March 8, 2012
PW12-029
SUBJECT: Award 2012 Cooperative Street Maintenance Contract, Project ST2012-10
Since 2005, the City of Fridley has participated in a cooperative contract for street maintenance
through a Joint Powers Agreement that established the North Metro Street Maintenance Program.
Annual street maintenance items are bid annually with the cities of Coon Rapids (who administers
the contract), Andover, Brooklyn Center, Columbia Heights, East Bethel, Fridley, Ham Lake, and
Mahtomedi. The City of Fridley regularly participates in contracting for sealcoating, street
sweeping, and pavement marking services as part of this arrangement.
Seal coating is a common preventative maintenance activity in Minnesota performed by most cities,
counties and rural Mn/DOT districts. It involves spraying water-soluble emulsions on the surface of
an existing pavement followed by the application of a cover aggregate. The cover aggregate is
normally either naturally occurring gravel or crushed aggregate such as granite, quartzite or trap
rock. The primary reason to seal coat asphalt pavement is to protect the street from the
deteriorating effects of sun and moisture.
The City of Fridley manages a pavement maintenance program including annual sealcoating
application in one of eight zones. This allows sealcoating of streets in an eight-year cycle, with the
exception of those that have or will have new surfacing. While sealcoating was suspended due to
budgetary constraints in 2010 and 2011, it was reinitiated in the 2012 budget. This year's
sealcoating is to be completed in Zone 3, which is in the east central area of the City (see attached
map). Our budget for this year's sealcoating is $160,000.00. The low bid of the three bids
received, by Allied Blacktop, came in at $151,188.96 for sealcoating Zone 3. This is below the
project estimate of $154,702. No coal tar-based sealants are used in this process; asphalt-based
sealant material is specified.
The City of Fridley contracts sweepers to assist our crews during peak work periods through this
cooperative contract, specifically for intensifying spring cleanup of winter sand and fall leaves. This
reduces sediment runoff to our storm sewers and water bodies, which in turn will reduce
maintenance and provide better water quality. The low bid this year was again provided by
Pearson Brothers at $16,380.00. The work is paid from a Street Division Operation allocation. The
sweeping costs are virtually unchanged from last year, and are within our budget and below the
estimated cost of $16,500.
33
The City of Fridley has aiso provided for application of painted traffic markings annually through this
contract. This is for repainting existing traffic striping throughout the City.
There were four bidders on this work in 2012. The low bid provided by AAA Striping for the
cooperative contract totals $4,995.20 for the City of Fridley's portion of the work. This work is also
paid from a Street Division Operation allocation. The price is also within budget and below the
estimated cost of $5,320.
Staff recommends award of the 2012 JPA Street Maintenance contract to the respective low
bidders in the amounts indicated in the attached summary.
JPK:jpk
Attachment
34
C(TY OF FR(DtEY
Bid Tabulation
2012 Cooperative Street Maintenance Project
City of Fridley Project ST2012-70
312112 Bid Date
1. Seal coatino Estimated
LOW B/DDER: ALUED BLACKTOP
Aggregate for
Sealcoat 116,407 sy
Sealcoat Oil
2. Traffic Markinos
LOW BIDDER: HIGHWAY TECHNOLOG/ES
Furnish/lnstall
Street Markings
Furnish/lnstall
Symbol Markings
�
E�,a.�,�.�,�
�o
03 si�c.
UU
s=
���
280 allons $ 17.84 $ 4,995.20
- allons $ 100.00 $ -
3. Street Swee�ina
LOW BiDDER: PEARSON BROTHERS
Spring Sweeping
Fall Sweeping
160 hours $ 75.00 $ 12,000.00
60 hours $ 73.00 $ 4,380.00
4. Crack Seali�a
LOW BIDDER: AMERICAN PAVEMENT SOLUTlONS
F&I Crack Sealing - If $ 0.56 $ -
TOTAL CONSTf2UCTION COST, CITY OF FRIDLEY: $172,564.16
35
'•
�
CRY OF
FRIDLEY
IC�;
FROM:
DATE
AGENDAITEM
CITY COUNCIL MEETING OF MARCH 12, 2012
William W. Burns, City Manager ��`�
James P. Kosluchar, Public Works Director
March 8, 2012
PW 12-031
SUBJECT: Approve a Supplemental Authorization for City of Fridley Project No. 397 North
Innsbruck Water Main Structural Lining
On June 10, 2010, the City of Fridley approved and entered into a Cooperative Project Agreement
for Water Main Rehabilitation to cooperatively bid and construct improvements including the City of
Fridley Project No. 397 - North Innsbruck Water Main Structural Lining. As part of this agreement,
the City of Golden Valley administered the contract and payment.
While CIPP lining of water main is more common in other areas of the country and overseas,
especially in major metropolitan areas where utility conflicts are a major problem with open cut
construction, CIPP lining of water main is a relatively new process in Minnesota. When considering
this rehabilitation method, we recognized that development of a cooperative project would allow the
design to be developed with additional resources, and additional quantity of this construction would
reduce costs. Engineering staff recommended this process based on the benefits of a cooperative
project with several other cities interested in CfPP lining of their water mains.
The Cities of Golden Valley and Hutchinson had also selected this rehabilitation method for some
of their water main rehabilitation work. Upon concurrence of the three cities, the cooperative
project agreement was approved, the project was bid, and the entire project was awarded to Fer-
Pal Construction USA, LLC of Taylor, Mi.
Construction of the project went extremely well, and we received positive feedback from the
owners along the project affected by the construction. We did have additional quantities on the
project, however, that pushed the final cost beyond the original City of Fridley authorization, which
was $346,057.00. These are not due to any substandard performance of the contractor, but mainly
due to soils found in the boring pits that were unsuitable to replace beneath the concrete street on
Innsbruck Drive. Staff initially planned to provide substituted material delivered by our own Public
Works crews to save cost, but last summer's tornado cleanup work precluded this option. While
there were other minor quantity changes, this substitution of Class 5 fill material caused work to
exceed the previously approved amount for construction.
37
The total cost of the City of Fridley's portion of this contract increases as directed by staff to a total
of $355,220.81, which is $9,163.81 or 2.7% over the initial authorization. As the City of Golden
Valley administers the contract and pays estimates for the project under the cooperative
agreement, staff is asking that the City Council approve this supplemental authorization payable to
the City of Golden Valley.
Staff recommends a motion by the City Council to approve an additional authorization and payment
to the City of Golden Valley of $9,163.81 for the City of Fridley Project No. 397 North Innsbruck
Water Main Structural Lining.
JPK:jpk
�
': AGENDA ITEM
COUNCIL MEETING OF MARCH 12, 2012
F� � CLAIMS
CLAIMS
154082 - 154388
39
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CfiY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 12, 2012
LICENSES
TYPE OF LICENSE: APPLICANT: APPROVED BY:
On-Sale 3.2% Malt Liquor, Wine Bombay Palace Inc Police Department
and Sunday Sales 765 53rd Avenue NE City Clerk
Naveen Shrestha
Jogindeer Cheema
Manjit Sin h
Tree Removal and Treatment Mickman Brothers Inc, Tree Police Department
and Landscape Division
Mariah Mickman
�
': AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 12, 2012
°'Y°F LICENSES
FRIDLEY
65
,
MEMORANDUM
QTY OF
FRtDLEY
TO: William W. Burns, City Manager
FROM: Roberta S. Collins, Administrative Assistant �`�Q%
C'y
DATE: March 9, 2012
RE: Agenda Item for March 12, 2012, City Council Meeting
Receive Bids and Award Contract for 2012 Miscellaneous
Concrete Repair Project No. 417
Attached is an agenda item that should be added to the consent agenda for
Monday nighYs Council meeting. I included it in the packet to give the City
Council an opportunity to review it before Monday nighYs meeting.
I apologize for any inconvenience this may have caused.
Attachment
c: Jim Kosiuchar, Public Works Director
I
CfiY OF
FRIDLEY
TO
FROM:
DATE:
SUBJECT:
AGENDAITEM
CITY COUNCIL MEETING OF MARCH 12, 2012
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
March 12, 2012
PW12-027
Recommendation of Award for 2012 Miscellaneous Concrete Repair
City of Fridley Project No. 417
On Wednesday, March 7th, 2012, at 10:00 a.m. bids were opened for the 2012 Miscellaneous
Concrete Repair Project No. 417. The project includes remedial repairs to sidewalk, concrete
street panels, and concrete curbs. Repairs are due to utility repairs, driveway entrance permits
and general deterioration.
This work is elective and the work is authorized by staff on a location by locaiion basis.
Therefore staff controls project work and operates within bndget. Last year, staff realized a
significant reduction in the Contract by excluding curb replacement on street improvement projects
and replacing minimal sidewalk and street panels. Staff will pursue similar reductions this year.
The Engineer's opinion of probable cost was $40,950 based on projected quantities. As winter
has continued, Public Works staff has reported an increase in annual utility repairs throughout the
City and an accelerated deterioration of the concrete streets. Quantities were adjusted to reflect
the potential increases.
L
Two bids were received per the attached bid tabulation. The low bid was submitted by Ron Kassa
Construction, Inc. in the amount of $40,620.00. Ron Kassa Construction, Inc. has previously been
awarded the contract (2000, 2001, 2002, 2004, 2009 and 2011) and provided acceptable
performance and response.
The project is within the amount budgeted for 2012 and below the Engineer's cost estimate.
Recommend the City Council receive the bids and award the contract for the 2012 Miscellaneous
Concrete Repair Project No. 417 to Ron Kassa Construction, Inc., of Elko, MN, in the amount of
$40,620.00.
JPK/Iro
Attachment
}
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LL
LL
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H
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N
O
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AGENDA fTEM
=� CITY COUNCIL MEETING OF MARCH 12, 2012
QiY OF
FRIDLEY
TO: William W. Burns, City Manager��y PW12-022
FROM: James Kosluchar, Public Works Director
DATE: March 7, 2012
SUBJECT: Preliminary Assessment Hearing on Jackson Street Storm Sewer Improvement
Project No. 413
Pursuant to discussion and direction of the City Council, a feasibility report has been prepared by
the City of Fridley Public Works Department with reference to the Jackson Street Storm Sewer
Improvement Project No. 413. On February 12, 2012, this report was presented to the City
Council. The City Council set a date for a public hearing on assessments for March 12, 2012 at
7:30 P.M.
This project is located between the 7300 and 7400 blocks of Jackson Street within Melody Manor.
Staff proposes to install storm sewer piping for connection of private sump pump discharge lines.
The project cost is estimated to be $59,840 and wiil be shared by the City and 22 benefitting
properties. Special assessments are estimated to be $1,360 per property for the proposed storm
water improvements.
Staff also invited 22 neighboring property owners via mail to a project open house held on
December 16, 2011. Eleven (11} property owners and 3 Council Members attended the open
house. At the open house, staff presented project construction information, including project
scope, tentative schedule, and preliminary assessments. Staff was available to address questions
and concerns from attendees at the conclusion of the presentation.
On January 9, 2012, Duncan Wagner of 7370 Jackson Street presented the City Council with two
petitions for the storm sewer improvements and street improvements, respectively. Both storm
sewer and street improvements were considered in the feasibility report but street improvements
were removed from 2012 consideration in favor of being included as part of the 2013 Street
Rehabilitation Project.
Staff requests that the City Council open the preliminary assessment hearing on Jackson Street
Storm Sewer Improvement Project No. 413 and hear ali those who desire to address the Council.
JPK:jpk
Attachments
, ��
CITY OF FRIDLEY
NOTICE OF HEARING ON IMPROVEMENTS
JACKSON STREET STORM SEWER IMPROVEMENT PROJECT NO. 413
WHEAREAS, the City Council of the City of Fridley, Anoka County, Minnesota has deemed it
expedient to receive evide�ce pertaining to the improvements hereinafter described.
NOW, THEKEFORE, NOTICE IS HEREBY GIVEN THAT on the 12`" day of March, 2012, at
7:30 p.m. the City Council wi(1 meet at the Fridley Municipal Center Council Chambers, 6431
Universiry Avenue, N.E., Fridley, MN and will at said time and place hear all par[ies interested
in said improvements in whole or in part.
The general nature of the improvements is the construction (in the lands and streets noted
below) of ihe following improvements, to-wit:
Storm sewer extension for connection of sump pump services and associated restoration work
on the following segment:
Jackson Street 73`d Avenue to Concerto Curve
All of said land and parcels abutting the list of street segments above are to be assessed
proporiionately according to the benefits received by such improvement. The City Engineer
has estimated the project cost to be $59,840. A tabulation of costs is available at the City's
Engineering Office. A reasonable estimate oY the impact of the assessment f�r each property
will be available at the hearing. The City Engineer will be prese�t to describe the physical and
financial impact of the prQposed project as described i� the project feasibility report and
proposed plans and specifications.
Hearing impaired persons planning to attend the public hearing who need an interpreter or
other person with disabilities who require auxiliary aids should contact Roberta Collins at 763-
572-3500 no later than the 5`h day of March, 2012.
Published: Fridley Focus
February 23`d, 2012
March 1 s`, 2012
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cmraF
FRIDLEY
AGENDAITEM
CITY COUNCIL MEETING OF MARCH 12, 2012
TO: William W. Burns, City Manager ���
FROM:
DATE:
James P. Kosluchar, Public Works Director
March 8, 2012
�
�/`�/
PW 12-026
SUBJECT: Resolution Approving the Joint Powers Agreement for the Mississippi Watershed
Management Organization
The City of Fridley, along with the five other participating cities voted to disband the Six Cities
Watershed Management Organization in earfy 2011. The City Council approved resolutions in
February 2011 to request that the area south of the Rice Creek Watershed District (RCWD) be
moved into the Mississippi Watershed Management Organization (MWMO) and the area north
of the Rice Creek Watershed District be moved into the Coon Creek Watershed District
(CCWD). In December 2011, upon an order from the Commissioner of the Board of Water and
Soil Resources (BWSR), the north portion of Fridley became part of the CCWD after receipt of
a petition requesting this inclusion from the Cities of Blaine, Coon Rapids, Fridley, and Spring
Lake Park.
In order for the southern portion of the City of Fridley to become part of the MWMO, the
agreement and bylaws establishing and guiding the MWMO require amendment and approval
of all members, including the new member cities of Columbia Heights, Fridley, and Hilltop. On
October 24, 2011, a draft Joint Cooperative Agreement (JCA) was discussed with the City
Council. After discussion and reviews by the City attorney and staff, we provided the MWMO
with a number of requested revisions and clarifications.
Attached please find the updated JCA, along with updated bylaws for the MWMO. The JCA is
presented for your approval. All comments that we provided were addressed with the sole
exception of providing an opt-out clause in the JCA. The MWMO believes that incfusion of this
clause would limit the long-term commitment of its membership, and that this would be in
conflict with their organizational objectives.
Upon approval of all member cities, the City of Fridley will appoint a commissioner and
alternate to serve on the seven-member MWMO Board of Commissioners. The MWMO will
revise its plan to include changes for the inclusion of new areas in Columbia Heights, Fridley,
and Hilltop. The City of Fridley will be required within two years of this MWMO plan approval to
update its surtace water management plan to conform to the updated MWMQ plan within the
new MWMO area, 70
A summary of jurisdictional areas currently included and as proposed in the MWMO is shown
below, which shows that the MWMO will increase in size by approximately 4,409 acres; an
area increase of 21 % from its present boundaries.
MWMO Present Jurisdictional Area
Jurisdiction Area [ac] % of MWMO
Lauderdale 36 0.17%
Minneapolis
Minneapolis PRB
Saint Anthony Village
Saint Paul
Total
18697
1388
642
215
20978
MWMO Proposed Jurisdictional Area
89.13%
6.62%
3.06%
100.00°l0
Jurisdiction Area [ac] % of MWMO
Lauderdale 36 0.14%
Minneapolis
Minneapolis PRB
Saint Anthony Village
Saint Paul
Fridley
Columbia Heights
18697
1388
642
215
23�1
2029
73.65%
5.47%
2.53%
0.85%
9.06%
7.99%
Hilltop 79 0.31%
Total 25387 100.00%
Staff believes entering into the MWMO wifl provide added level of service, opportunity, and
improvements that the SCWMO was unable to provide in managing water quantity and quality
issues. The MWMO will have staff and program resources, capital project assistance, and
improved access to outside funding to serve member communities.
Staff recommends Council approve the attached resolution approving the Joint Powers
Agreement for the Mississippi Watershed Management Organization.
JPK/jpk
Attachments
71
RESOLUTION NO. 2012 -
A RESOLUTION APPROVING THE dOINT PQWERS AGREEMENT FOR THE MISSISSIPPI
WATERSHED MANAGEMENT ORGANIZATION
WHEREAS, the cities of M+nneapolis, St. Paul, Lauderdale, and St. Anthony Village and the Minneapolis
Park and Recreation Board are parties to a joint powers agreement entitled J01NT AND COOPERATIVE
AGREEMENT FOR THE MISSISSIPPI WATERSHED MANAGEMET�'T ORGANIZATION (the
"Agreement"); and
WHEREAS, the Agreement pravides far the creation of a watershed management organization pursuant to,
and in accordance with, Minnesota Statutes, Sections 103E3.201 to 103B.253 (Ihe "Mississippi 1Vatershed
Management Organi2atiod' or "MWMO"); and
WHEREAS, the cities �f Columbia Heights, Fridley, and Hilltop wish to join the MWMO; and
WHEREAS, on February 7, 2011 the City of Fridley approved Resolution 2011-I 1 Requesting the
Coon Creek Watershed District and Mississippi Watershed Management Organization expand their
boundaries to include portions of the City of Fridley formerly in the 5ix Cities Watershed Management
Organization; and
WHEREAS, the current parties to the Agreement are willing to accept the cities of Columbia Heights,
Fridley and Hilltop as members of the MV1'MO, incorporaling into the territory of the M WMO those
parts of the cities of Columbia Heights, Fridley, and Hilltop located south of the boundary of the Rice
Creek Watershed District that were formerly included within the jurisdiction of the Six Cities Watershed
Management Organization; and
WHEREAS, the parties have proposed an amended joint powers agreement attached hereto that would
include, in addition to the original members of the MWMO, the cities of Columbia }ieights, Fridley, and
Hilltop (the "Amended Agreement'); and
WHEREAS, the City Council has determined that approving the Amended Agreement is reasonable,
prudent, and in the best interest of the public;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY, MINNESOTA:
1. Upon completion of Appendix A of the Amended Agreement, the Amended Aareement
is approved and the Mayor and City Manager are authorized and directed to execute the
Amended Agreement, and
%2
2. Upon completion of Appendix A of the Amended Agreement, which is the legal
description for the jurisdictional area of the M W MO including those parts ofthe cities of
Columbia Heights, Fridley, and Hilltop located south ofthe boundary ofthe Rice Creek
Watershed Districr that were formerly included in the jurisdictional area ofthe Six Cities
Watershed Managemeot Organization. the City Clerk is directed to deliver a copy of the
executed Amended Agreementto the Executive Director ofThe M WMO together with a
cerufied copy of this resolution.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12`h DAY
OF MARCH 2O12.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
73
SCOTTJ. LUND—MAYOR
Joint and Cooperative Agreement
for the Mississippi Watershed
Management Organization
City of Columbia Heights
City of Fridley
City of Hilltop
City of Lauderdale
City of Minneapolis
City of St. Anthony Village
City of 5aint Paul
Minneapolis Park and Recreation Board
74
247575 CLL MD160-1
2012
Membership
Article I
Article II
Article III
Table of Contents
Legal Purpose
Definitions
Board of Commissioners
Page
1
2
3
5
ARicle N Powers and Duties of the Board of Commissioners 7
Article V Budget and Financial Matters 11
Article VI Capital Projects 13
Article VII Duration 15
Article VIII Dissolution 16
Article IX Amendments 17
Article X Effective Date 18
Member Authorization
Legal Descriprion
Watershed Boundaries
75
247575 CLL MD160-I
19
Appendix A
Appendix B
Membership
This Agreament entered into as of the date of execution by and among the following:
Cities of
Columbia Heights
Fridley
Hilltop
Lauderdale
Minneapolis
Saint Anthony Village
Saint Paul, and
the Minneapolis Park and Recreation Board
for the establishment of a Watershed Management Organization. The aforementioned cities and
the Minneapolis Park and Recreation Board shall hereinafter be refened to as Members.
WHEREAS, the Members have authoriry pursuant to Minnesota Statutes, Section 471.59 to jointly
and cooperatively by agreement exercise powers common to the contracting bodies pursuant to
Minnesota Statutes, Seetian 103B.201 to 103B.253 and
WHEREAS, the Members desire to plan a comprehensive water management program in
accordance with Minnesota Statutes, Sections 103B.201 to 103B.253;
NOW THEREFORE, the parties to this Agreement do mutually agree as follows:
1
247575 CLL MD160-1 ��
Article I
Legal Purpose
The purpose of this Joint and Cooperarive Agreement for the Mississippi Watershed Management
Organization is to replace the Joint Powers Agreement for the Middle Mississippi River Watershed
Management Organization executed in 1985, the Joint and Cooperative Agreement for the Middle
Mississippi River Watershed Management Organization of January 1997, the Joint and
CooperaYive Agreement for the Mississippi Watershed Management Organization of January 2002,
and Yhe Joint and Cooperative Agreement for the Mississippi Watershed Management Organization
of May 20ll .
The purpose of the Mississippi Watershed Management Organization, as provided for in this
Agreement, is to provide for the wise, long-term management of water and associated land
resources within the watershed through implementation measures that realize multiple objectives,
respect ecosystem principles, and cultural and historical communiry values. The Mississippi
Watershed Management Organization seeks to: (a) protect, enl�ance, and restore the quality and
quantity of surface and ground water resources within the Mississippi Watershed Management
Organization jurisdiction; (b) protect, preserve, and use natural surface and ground watet storage
and retention systems; (c) efficiently utilize public capital expenditures needed to correct and
control flooding and water quality problems; (d) identify and plan for means to use protect and
improve surface and ground water quality; (e) establish more uniform local policies and official
controls for surface and ground water management; (� promote ground water recharge; (g) protect
and enhance fish and wildlife habitat and water recreation opportunities; (h) secure the other
beneFits associated with the proper management of surface and ground water; and (i) promote and
encourage cooperation among Members and among other organizations in coordinating local
comprehensive water management programs.
A legal description and map, Appendix A and Appendix B of this Agreement, respectively, of the
boundaries of the Mississippi Watershed Management Organization are included pursuant to
Minnesota Rules 8410.0030, 5ubpart 1.B.
2
247575 CLI, MDf60-I ��
Article II
Definitions
For the purpose of this Agreement, the terms used herein shall have the meanings defined in this
article.
Subdivision 1: "Organization" means the Mississippi Watershed Management Organization.
Subdivision 2: "Commission" means the goveming body of the Organization and shall consist of a
Commissioner or Alternate from each of its Members.
5ubdivision 3: "Commissioner" means any person appointed to the Commission by each
Member's goveming body, or in the Commissioner's absence, the Alternate.
Subdivision 4: "Alternate" means any person appointed to the Commission by each Member's
governing body to represent the Member in the absence of the Commissioner.
Subdivision 5: "CounciP' means the governing body of a Member. In the case of municipalities,
this shall be the elected officials responsible for governing the ciry and for Minneapolis Park &
Recreation Board, its Board of Commissioners.
Subdivision 6: "Member" or "Membei Community" means any city, county, or special purpose
govemment entity within the watershed that enters into this Agreement.
Subdivision 7: "AgreemenY' means Yhis Agreement.
Subdivision 8: "Plan" means the Watershed Management Plan adopted by the Mississippi
Watershed Management Organization.
Subdivision 9: "Watershed" means the area contained within a line drawn around the extremities
of all terrain whose surface drainage is tributary to the Mississippi River and within the mapped
3
247575 CLL MDI60-1 ��
areas reasonably demonstrated on the map identified as Appendix B, as defined within the legal
description identified in Appendix A.
Subdivision 10: "AcP' means the Metropolitan Surface Water Management Act as found in
Minnesota Statutes, Sections 103B.201 to 103B.253.
Subdivision 11: "BudgeY' means a statement of the expected income and expenses of the
Organization for each Year. The Commission may divide the Budget into an Administrative
Budget, covenng staff salary and benefits, Commission expenses, rent, office expenses and other
administrative expenses, and a Programs and Projects Budget, covering the programs and projects
of the Organization, including capital projects.
Subdivision 12: "Capital Improvement ProjecY' means a physical improvement project required by
the Act to be included in the capital improvements program of the Plan.
Subdivision 13: "Majority" means greater tban half of the quorum.
Subdivision 14: "Subwatershed" means a smaller geographic section of a larger watershed unit
with a drainage area the boundaries of which include all the land area draining to a point.
5ubdivision 15: "Year" means from 7anuary 1 to December 31.
5ubdivision 16: "Quorum" means the number of Commissioners or Alternates required to be
present for business to be legally transacted. This number shall be any number that is greater than
half of the Members. Any number less than a quorum may adjourn a scheduled meeting.
Subdivisoin 17: "Executive Director" means the Organization's admanistrator appointed by the
Commission.
4
247575 CLL MD160.1 ��
Article III
Board of Commissioners
Subdivision 1: The governing body of the Organization shall be its Commission, which shall
consist of seven (7) voting Commissioners. Each Commissioner shall have one vote. A11
appointments to the Commission shall be in accordance with Minnesota Statutes, Section
103B.227. The Board of Water and Soil Resources shall be notified of all appointments and
vacancies of the Commission witl�in 30 days. All vacancies shall be filled within ninety (90) days
after they occur. Notices of all vacancies and appointments shall be published in a legal
publication of tbe Members communiry appointing the Commissioner at least fifreen (15) days
prior to the appointment. Vacancies shall be filled for the remainder of the term by the Council
that appointed or had the right to appoint the Commissioner. With the exception of the City of
Hilkop, the Council of each Member shall appoint one (1) Commissioner to represent the Member
to the Commission. The Council of the Ciry of Columbia Heights, after consultation with the
Council of the Ciry of Hi11tQp, will appoint one (1) Commissioner to represent the Ciries of
Columbia Heights and Hilltop. Each Cammissioner shall serve until his or her successor is
appoinYed.
Subdivision 2: A Commissioner may not be removed from the Commission except for just cause
by the Council that made the appointment.
Subdivision 3: Member Councils may select and appoint Alternates to the Commission in the
same manner as Commissioners. In the absence of a Member's Commissioner, the designated
Alternate may vote and act in the Commissioner's place. The Alternate shall serve a term
concunent with the Member's Commissioner.
Subdivision 4: Each Memtaec's Council sball, within tbirty (30) days of appointment, file with the
Executive Director of the Commission a record of the appointment of its Commissioner and
Alternate. The Organization shall notify tbe Board of Water and Soil Resourees af Mamber
appointments and vacancies within thirty (30) days after receiving notice from the Member.
5
247575 CLL MD160J ��
Subdivision 5: In accordance with Minnesota Statutes, Section 103B.227, the Council of each
Member shall determine the eligibility and qualifications of its Commissioner and Alternate.
However, the term of each Commissioner shall be the calendar year.
Subdivision 6: Regular meetings shall be beld by the Commission periodically at the time and
place determined by the Commission pursuant to open meeting law, Minnesota Statutes, Chapter
13D.
Subdivision 7: At the first meeting of the Commission and each calendar year therea$er, the
Commission shall elect from its Members a chairperson, a vice chairperson, a treasurer, a
secretary, and such other officers as it deems necessary to conduct its meetings and affairs.
Subdivision 8: The Commission shall adopt those bylaws and procedures necessary far the
conduct of its meetings. Such rules may be amended at either a regular or special meeting of the
Commission provided that a ten (10) day prior notice of the proposed amendment has been
furnished to each Commissioner and Alternate to whom notice of ineetings is cequired to he sent.
Subdivision 9: The Commission may create such committees, task forces or working groups as
needed to accomplish its mission.
Subdivision 10: The commission may set such compensation for its Commissioners as it deems
appropriate, provided such compensation does not exceed the compensation allowed for managers
of watershed districts under Minnesota Statutes, Section 103D315, subd. 8. However, no
member's Council is prevented from providing compensation for its Commissioner for serving on
the Commission, if such compensation is authorized by such governmental unit and by law.
6
247575 CLL MDI60-I p�
O
Article IV
Powers and Duties of the Board of Commissioners
Subdivision 1: The Commission shall employ an Executive Director and may delegate to the
Executive Director any power or authority that may be delegated to a city manager in a Minnesota
Plan B statutory city. The Commission shall employ such otber persons as it deems necessary to
accomplish its duties and powers. The Commission may hire staff on a full time, par[ time or
consulting basis. The Commission may also incur expenses and expenditures necessary and
incidental to the effectuation and/or implementation of its purposes and powers.
Subdivision 2: In order for the Commission to conduct business, a quorum must be present.
Decisions by the Commission require a majority vote of the quorum present.
Subdivision 3: The Commission shall have an established Citizen Advisory Committee and
Technical Advisory Committee to provide input and to serve in an advisory role.
Subdivision 4: The Commission shall review and apptove a Local Water Management Plan for
each of its Member Communities as established under Minnesota Statutes, Chapter 103B.
Subdivision 5: The Commission may acquire, operate, construct, and maintain capital
improvement projects delineated in the Watershed Management Organization Watershed
Management Plan for the protection, enhancement, and improvement of the watershed.
Subdivision 6: The Commission shall make a reasonable attempt to assess the compatibiliry of
proposed capital improvement ptojects with otber existing policies, programs, and projecCs within
the MWMO and across its boundaries. In particular, compatibility with neighborhood association
and community council plans in the project area should be considered. An informal review should
occur at least two months before the capital improvement project proposal is approved in the
MWMO budget.
7
247575 CLL MD 160-1 ��
Subdivision 7: The Commission shall develop a comprehensive Watershed Management Plan to
meet the tequirements of Minnesota Statutes, Chapter 103B. The plan shall establish
comprehensive goals and policies for the protection, enhancement, and improvement of the
watershed, and shall establish specific implementation strategies to realize these goals and policies.
Su6division 8: The Commission sha11 have the power to contract with any governmental unit,
private or nonprofit association to accomplish the purposes for which it is organized.
Subdivision 9: The Commission has the authority to apply for, accept, and use grants, loans,
money or other property from the United States, the State of Minnesota, a unit of government or
any person or entity for the Organization. The Organization may use and dispose of such money or
property for any expenses/fees, policies, goals, capital improvement projects, or any use the
Organization deems necessary to pursue its goals and policies.
Subdivision 10: The Commission may establish and maintain devices for acquiring and recording
hydrologic and water quality data within the watershed.
Subdivision 11: The Commission may contract for, or purchase such insurance, as they deem
necessary for the protection of the Organization.
Subdivision 12: T"he Commission shall have the authority to invite governmental entities within the
area of the watershed to join the Organization. Furthermore, any govemmental entities within the
area of the watershed may petition for membership in tbe Organization. The addition of new
Members shall require a majority vote of the Commission and appropriate resolution by current
Member Councils. The effective date shall be the date of filing by the last Council resolution
approving the addition. As Members are added to the Organization, there shall be created one
voting Commissioner and Altemate.
Subdivision 13: The Commission has the authority to contract for the space, equipment, and
supplies to carry on its activities either with an individual Member or elsewhere.
8
247575 CLL MDI60-1 �A
3
Subdivision 14: The Commission may investigate an its own initiative or upon petition of any
Member, complaints relating to the pollution of surface or ground water in tbe watershed. Upon a
finding that the watershed is being polluted, the Commission may take appropriate action to
alleviate the pollution including recommending enfarcement and other regulatory actions to the
appropriate jurisdiction.
Subdivisaon 15: Commissioners and staff may enter upon lands within or without the watershed to
make surveys and investigations to accomplish the purposes, goals and policies of the
Organization. Such entrance shall occur after obtaining a duly executed search warrant, with
permission of the property owner, or when a seazch warrant for access to the property is not
required. The Commission shall be liable for actual damages resulting therefrom, su6ject to the
limitations of Minnesota Statutes, Chapter A66. Every person who claims damages shall serve the
Chair or Secretary of the Commission with a notice of claim as required by Minnesota Statutes,
Section 466.05. In accordance with Minnesota Statutes, Section 471.59, Subd. la(b) the
Organization is considered a single governmental unit and the total liability for the Members and
the Organization shall not exceed the limits Qn governmental liability for a single governmental
unit as specified in Minnesota Statutes, Secton 466.04, Subd. 1.
Subdivision 16: The Commission may vote to provide legal and technical assistance in connection
with litigation or other proceedings between one or more of its Members and any other political
subdivision, commission, board or agency relating to the planning nr construction of capital
improvement projects approved by the Organization.
Subdivision 17: The Commission shall at least every 2 years solicit interest proposals for
pxofessional or technical consultant services before retaining the services of a consultant or
extending annual service agreements.
Subdivision 18: The Commission may designate one or more national or state bank or trust
companies authorized by Cbapters 118A or 427 of Minnesota Statutes to receive deposits of public
monies to act as depositories for the Organization's funds. No funds may be disbursed without the
signature of two officers. The Treasurer shall be required to file with the Secretary of the
9
2475�5 CLL MD160-1 ��
Commission a hond in the sum of at least $10,000 or such higher amount as shall be determined by
the Commission. The Commission shall pay the premium on said bond.
Subdivision 19: The Commission may acquire real or personal property, conduct programs and
projects, and exercise all other powers necessary and incidental to the implementation of the
purposes and powers set forth herein and to carry out the obligation of a watershed management
organization under the Act.
Subdivision 20: The Commission shall have the authoriry to adopt a budget, to decide on tbe total
amount necessary to be raised from ad valorem taxes to meet the budget and to certify its budget to
the county auditor of each county having territory within the watershed. Taxes may be levied for
any purpose authorized by the Act in accordance with procedures specified in the Act, and subjeat
only to tbe limitations set fort}� in the Act and tlus Agreement. The Commission shall also have the
authority to certify for payment by the counties all or any part of the cost of a capital improvement
contained in the capital improvement program of the Plan, in accordance with Minnesota Statutes,
Section 103B.251.
to
247575 CLL MDI60-1 ��
Article V
Budget and Financial Matters
Subdivision 1: A proposed preliminary budget will be presented to the Commission at its July
meeting. The Commission shall hold at least one public hearing on the proposed preliminary budget
prior to adoption of the preliminary budget. At least 30 days' notice to Members and such other
public notice as is directed by the Commission sha11 be given prior to the bearing. The Commission
will hear all comments and objections to the proposed preliminary budget from any Member as well
as comments from the public. The Commission may adopt the preliminary budget as proposed or
modify or amend the preliminary budget. The Commission shall adopt a preliminary budget and a
proposed tax levy for the ensuing year on or before September 15 of each year. The preliminary
budget shall then be certified by the Executive Director of the Organization on or before 5eptember
15 to the clerk of each Member's Council and each of the Counry Auditors. The Commission shall
adopt a final budget and certify a tax levy to the Counties by Decembar 31 of each year.
Subdivision 2: Tbe Commission has the duty to make a full and complete financial accounting
report to each Member at least once annually. A certi£ied public accountant shall perform
the audit of the Organization. The report shall include the approved budget; a reporting of
revenues; a reporting of expenditures; a financial audit report or section that includes a balance
sheet; a classification of revenues and expenditures; an analysis of changes in final balances; and
any additional statements considered necessary for full financial disclosure; and the status of all
Organization's projects and work within tt�e watershed; copies of said report shall be transmitted to
the clerk, or appropriate staff inember of each Member's Council.
Subdivision 3: Projects or other necessary expenditures that cannot be accomplished through the ad
valorem tax levy shall be addressed by mutual agreement of the affected Members outside of this
Agreement.
Tbe Commission will endeavor to equitably apportion the expenditure of Commission funds for
projects and programs among the Members' jurisdictions, giving due regazd to the financial
11
247575 CLL MD760-] ��
Article VI
Capital Projects
Subdivision 1: The Members recognize that on-going capital expenditures will be required to solve
some of the water resource problems within the watershed. For the purposes of this Agreement,
capital improvement projects are those determined necessary to implement the Organization's
Capital Improvement Program.
Subdivision 2: Capital Projects will be financed over the entire watershed.
Subdivision 3: In order to finance an approved capital improvement project, the Commission may
levy an ad valorem tax against the entire watershed.
Subdivision 4: Approval of capital improvement projects shall require a majority vote of the
quorum present and other such bodies as required by law. Capital improvement projects shall be
financed in accordance with Minnesota Statutes, Chapters 103B and 103D.
Subdivision 5: The Commission shall have the authority to prepare and adopt a Capitat
Improvement Program as defined in Minnesota Statutes, Section 103B.205 Subd. 3 as part of the
Watershed Management Plan. The Capital Improvement Program shall set forth the schedute of
capital projects identified in the Watershed Management Plan as well as dasignating Members for
participation in each project and estimating the total costs for such projects_ Projects not idenrified
in the Watershed Management Plan shall not be included in the Capital Improvement Program
until and unless the Watersbed Management Plan is amended to include such projects.
Implementation of the Capital Improvement Program will begin upon adoption of the Watershed
Management Plan subject to the availabiliry of funding.
Subdivision 6: All capital imgrovement projects need to be listed in the Watershed Management
Plan.
13
247575 CLL MD 160- I w^ �
aa
Subdivision 7: Funding for any and all capital improvement projects may only occur if the
project(s) is in the approved capital budget.
Subdivision 8: If a Member is responsible for the completion of a capital project, the
Organization's approved share of the project cost coming from its tax levy will be reimbursed to
the Member from actual tax revenues received in a manner agreed ta The Member being
reimbuised far project costs by the Organization shall agree to be responsible for providing any
requested documentation of costs requested by the Organization or its auditors.
14
247575 CLL M➢160-I ��
Article VII
Duration
Each Member agrees to be bound by the terms of this Agreement until January 1, 2031, and it may
be continued thereafter upon the agreement of all Members.
15
247575 CLL MD160-1 AO
7
Article VIII
Dissolution
Any Member may petition the Commission to dissolve the Organization. Upon thirty days advance
written notice to each Member, the Commission shall hold a hearing to consider dissolution of the
Organization. If a majority of the Commission votes in favor of dissolution, the Commission shall
submit a resolution for dissolution of the Organization for consideration by each Member's
Council, the board of each affected County and the Minnesota Board of Water and Soil Resources.
Each governmental unit shall have 90 days in which to consider dissolution of the Organization. If,
within 90 days of the date the notice was given, a majority of Membexs' Councils has ratified said
resolution; then the Organization shall be dissolved and this Agreement shall be terminated.
Upon dissolurion, the Organization shall complete all work in progress and dispose of all property.
All properiy of the Organization shall be sold and the proceeds thereof, together with monies on
hand, shall be distributed to the eligible Members of the Commission as follows: assets shall be
apportioned and distributed in the percentage of the tax levy within the jurisdiction of each
Member received by the Organization in the preceding fu11 calendar year.
16
247575 CLL MD160-] � �
Article IX
Amendments
Any Member may recommend to the Commission amendments to this Agreement. Upon a
majority vote, amendments to this Agreement sha11 be forwarded by the Commission to its
Members' Councils. No amendment shall be effective until the amendment has been ratified by the
Council of each Member. The effective date of any amendment shall be Che date on which the last
Member's Council ratifies the amendment and is filed with the Executive Director of the
Organization.
17
247575 CLL MD] 60-7 A�f
7L
Article X
Effective Date
This Agreement shall be adopted upon ratification by tbe Council of eacb Member and the
execution of the Agreemenf by each Member. Upon voting to ratify the Agreement, tbe clerk of
the Council of the ratifying Member sball file a certiSed copy of the resolution of the rati6cation
with the Executive Director of the Commission. The effective date of the Agreement shall be tbe
date on which the last Member to ratify Sles its resolution of ratiScation. Upon adoption of this
Agreement, the Executive Director shall supply to each Member and the Board of Water and Soil
Resources a copy of the Members' ratification resolutions and a copy of the signed Agreement.
IN WITNESS WHEREOF, tbe undersigned Members, by action of their Councils, have caused
this agteement to be executed in accardance with the authority of Minnesota Statutes Sections
1038.211 and 471.59.
18
247�75 CLL MDI60-( n�
7
City ofLauderdale
By: Dated: , 20
Jeffrey Dains, Mayor
Attest: Dated: , 20
Heather Butkowski, City Administrator
zz
247575 CLL MDI60-( f1 l
7/
City of Minneapolis
By:
R.T. Rybak, Mayor
Attest:
City Clerk
Dated: , 20
Dated: , 20
Countersigned: Dated: , 20
Finance Officer
Approved as to Form
:
Assistant City Attorney
Dated: , 20
23
247575 CLL MD 160.1 ��
City oJSaint Paul
�
Chris Coleman, Mayor
Dated: . 20
Attest: Dated: , 20
Director of Finance and Management Service
Approved as to Form
�
Reyne Rofuth
Assistant City Attorney
Dated: , 20
25
247575 CLL MD160-1 � o0
Minneapolis Park and Recreation Board
gy: Dated: , 20
Jol�n Irwin, President MPRB
Attest:
Don Siggelkow, Board 5ecretary
Approved as to Form, Legality, and Execution
:
MPRB Attorney
Dated: , 20
Dated: , 20
z6
247575 CLL MD160-1 101
Revised 1/20/12
DRAFT Subject to Approval
All the land lying within the following described boundaries:
'Commencing at the intersection of E Hennepin Av (a/k/a Larpenteur Av) and the E City Limits of
the City of Minneapolis; th N on said E City limits and its Nly extension
th SWly along Old Hwy 8 to 31st Av NE; th Wly along 31st Av NE to�
NE and Old Hwy 8;
Dr; th N along Rankin Dr
to 33rd Av NE; th W along 33rd Av NE to Silver Lake Rd; th N al �'�Silv��ce Rd to 36th Av NE; th
W along 36th Av NE to Roosevelt St NE; tb N along Rooseve �� ,
1V�:to 37th A"`� �� thence on the
boundary betweeu Hennepiu and Rainsey Countics �ti�ester n the centerline of 3 ° nue NE;
coi�tinuing on the line between Hennepin and Anoka � s and betyyeen tlie City of � olis and
the Ciry of Cohunbia Heights westerly on the eenterline
centerline of [Iayes Strcet NE; thence in die Ciry of Colunibia l�
c�nterline ofHayes Street NE to the intersecti�tb ��tlie centerline
centerline of�39th Avenue to tlie intersection
uortheasterly on the centerline of Jolmson Street'
thence westerly on the cente��i��9th Avenue
tl�e intersection of the
intersecrion of the ce�
Arthur Stre�t NE t4�tt
���� =:
of 45th Av�To fhe
Anoka
Necv Bri� orchei
southeast corri th
Colmnbia l leights�
Range 24 West ro the
northerly on the cente
on the r��st line
Sn-eet
NE;
of
to tl�e inters�ion with the
Anoka CounYy, n�rtherly on the
thence wcsterly on the
tlience northerly and
ceutcrline of40th Avenue;
the centerline of dOth Avenue to
on the ceuterlin� of Polk Street to the
and northeasterly on flie centerline oT
45th Acenue; thcnce easterly on the ceuterline
Section 3i. Township 30 North, Kange 24 WesC thence on ttie
and the Ciry of Columbia Heights and flic Village of
30, Township 30 Nonh, Ran�e 23 �Vest to the
corporat ea of the Ciry of Fiidtcy: thencc on the boundary bctwe�ll th� Citv of
Fridley wes[erly in the north half of 5ection 25, To�vnship 30 Nortb,
with the centerline of Nlatterhorn Drive; thence in the C.ity of Fridley
oY Matterl�orn Drive to the cenierline of lnterstate Highway 694; th�uce
westerly ou the centerlinc of Interstate Hi;hway 694 to the intersectian with the eenterJinc of State
Hiahway No. 65; thence nurtherly on the ce��reriine of State Highway No. 65 to the southerly intersection
of tbe centerlin� of West Moore Lakc Drive; thence ��esterly and northerly on the centerline of West
Moore Lake Drive to the 'rntersection with the ceute�-lii�e of 61 st Aveime NE: thence �uesterl}� on the
centerline of 61 st A�enue NE to the intei�ection of the centerline of 7th Street; zhcuee northerly ou the
103
Revised on 7-21-08 usi�g kennedy-gxaveo lega] file # MD 160-1 dated May 16`" 2006
1
centerlina of 7 th Street to the iutersecrion with the ccnterline of Mississippi Street; thence westerly on the
centerline of Mississippi Street, continuing westerly on the centerline ofMississippi Way to th�
interseetion with the centerline of East River Road; theuce norxberly on tl�c centerline of East River Raad
to the intersection with the estension of ti�e northerly line of R.L.S. (Registered L�iid Survey) Na. 19;
thcnce westerly on the extension of the northerly linc of R.L.S. No. 19 to the centerliue of the Mississippi
Kiver,° thence southerly along the cet�terline of the Mississippi River to the
th Wly along Ely extension of 53rd Av N to James Av N; th S along James
extension of 53rd Av N;
52 Av N; th E along
52 Av N to the alley between Humboldt Av N and Irving Av N; "`th S a��,said alley to 51 st Av N; th E
along 51st Av N to Humboldt Av N; th S on Humboldt Av N to 50� �v N; �;�along SOth Av N to
Fremont Av N; tb S along Fremont Av N to 49th Av N; th E aloag 4�th Av N to-�rterson Av N; Yh S
along Emerson Av N to 47th Av N; th E along 47th Av N to �lley between Colfax at�28_ryant Avs N; th S
along said alley to 46th Av N; th E along 46th Av N
Av N; th E along 45th Av N to the center line of tbe
Av I�3;,.Yh S along
Mississippi River to the Ely extension of 41 st Av N; th W along�
Bryant Av N; th N along Bryant Av N to 42�"��N; th W along
Emerson Av N to 41 st Av N; th E along 41 st
N; th W along 39th Av N to Emerson Av N; th S��ong ��
Dowling Av N to Knox Av ��„���png Knox Av N to the
E along said center
N to lames Av N; th
Logan Av N to 35t�i Av N; th'�
�.
N;'° th E a��3`'tt� y'� the
� :,'
N; th �;;�tng Lowry Av I�i~'���
Fremont 1�i�;
Fxemont and
between Hur
th S along F
Av N; th S along Irv
Avs N; th
along the
to 45th
line of the
N and its Ely extension Co
to Emerson Av N; th S along
Av N, th ��c�ig Dupont Av N to 39th Av
Av N; th W along
between 36th and 37th Avs N; th
N; th S alongHumboldt Av N to 35th Av N; th W along 35th Av
J to 36th Av N; tt�V along 36th Av N to Logan Av N; th S along
Av N; th S along Morgan Av N to 33rd Av
James and Knox Avs N; th S along said alley to Lowry Av
along dames Av N to 30th Av N; th E along 30th Av N to
Av N to 29th Av N; th W along 29th Av N to the alley between
�ng said alley to 27th Av N; th W along 27th Av N to the alley
N; th S along said alley to 26th Av N; th W along 26th Av N to Irving
25th Av N; th E along 25th Av N to Humbolt Av N; th S along extension
of Humbolt Av N to 23cd'Av N; th W along 23rd Av N to Irving Av N; th NWIy along Irving Av N to
Ilion Av N; th SWIy aloug Ilion Av to Hillside Av; th N Wly along Hillside Av to the alley between James
and Logan Avs N; th SWIy along said alley to the EW alley lying between Lots 72 and 73, Blk 19, Forest
Heights Addn to Minneapolis, th W along last described alley to W Broadway and Oliver Av N; tb Sly
along Oliver Av N to 21st Av N; Ch W along 21 Av N to Penn Av N; th S along Penn Av N to center line
between 16th and 17th Avs N th are lying W of Penn Av N; th W along said center line to Queen Av N;
104
Revised on 7-21-08 using kennedy-graven ]egal file # MD160-1 dated May l6'h 2006 2
th S along Queen Av N Plymouth Av N; th W along Plymouth Av N to Russell Av N; th S along Russell
Av N to 12'b Av N; th E on 12`h Av N to Queen Av N; th S on Queen Av N to 8`b Av N; th W on 8�' Av N
to Russell Av N; th S on Russell Av N to 4`h Av N; th E on 4`h Av N to Logan Av N; th S on Logan Ave
N to 3`d Av N; th W on 3`d Av N to Gramercy Av; th Swly on Gramercy Av to 2"d Av n; th SEly on 2°a
Av N to Cedar Lake Road N; th NEIy on Cedar Lake Road N to 2°d Av N; th E on 2"d Av N to Market St
N; th extending S from Market St N to the intersection with the SEIy property line of the Hennepin
��_
County Kegional Rail Authority r/w (f/k/a the Chicagq Milwaukee, St Paii�����cific Railroad); (th
S Wly along the the SEIy property line of the Hennepin County Re
Av;) th SWIy along Linden Av to Dunwoody Blvd; th S and SEIy
Emerson Av S th SWIy along vacated Emerson Av S to 1
Authoriry r/w to Linden
Blvd; to vacated
; th SVC%�' ��� ng Kenwood Pkwy
to Summit Pl; th Swly along Summit Pl to Mount Curve; " ly along Mt Curve A e centerline of
Colfax Av S; th S along Colfax Av S to W Franklin on W�r�nklin Av to Dup S; th S on
Dupont Av S to 22"d St W; th W on 22°d St W to Emerson � tla�7ri �merson Av S 24m St W; th
W on 24`" St W to Irving Av S; th N on Irvmg Av S to Lake Pl, ���ly on Lake Pl to 26`b St W; th Ely
�
on 26te 5t W to Hennepin Av; th NEIy on Hep�it�tua,Av to 22°a St W;�<;� on 22°a St W to Bryant Av S;
th S on Bryant Av S to 27�' St W; th E on 27`b �k W"Ct+� ��dale Av S; th
�..�
th E on 26`h St W to Garfield Av S; th N on Ga��1d Av ��i'r �'� W,;
S; th S on Pillsbury Av S
north r/w of the Henne��
Regional Rail Authority i
Fremont Av S, th �on}Fi
���a
W on the q�t r`�w"cs��
Av to � Mall; th W on �1"
Y y "� .a.a
Lake�St � � �'� ndale Av S;
;�.. ��
Rail Authorit�`;� on the s
[� . • � ' "=�"�.y.�ii.7
Rail
;thNon
Av S to 26`" St W;
E on 25`h St W to Pillsbury Av
v S; th S on Pleasant Av S to the
th W on the north r/w of the Hennepin County
S to 28`� St 4V; th W on 2&t� St W to
Hennepin County Regional Rail Authority; th
Rail Authority to Hennepin Av; th S on Hennepin
Av S; the S on Humboldt Av S to Lake St W; th E on
Av S to the south r�w of the Hennepin County Regional
�v of the Hennepin County Regional Rail Authority to Harriet Av S; th
S on Harriet Av S" s` St W; E on 31s` St W to Grand Av S; th N on Grand Av S to the south r/w of
the Hennepin County Rail Authority; th E on the south r/w of the Hennepin County Regional
Rail Authority to Pleas Av S; th S on Pleasant Av S to 32nd St W; th E on 32"d St W to Pillsbury Av S;
th S on Pillsbury Av S to 34`b St W; th W on 34`b St W to Grand Av S; th S on Grand Av S to 35`� 5t W;
th W on 35`� St W to Colfax Av S; Cb N on Colfax Av S to 33`d St W; th W an 33`d St W to Fremont Av S;
th S on Fremont Av S to 34`h St W; th W on 34`h St W to Hennepin Av; th S on Hennepin Av to 35`h St W;
th W Qn 35t� St W to Irving Av S; th S on Irving Av S to 36`h St W; tb E on 36`h St W to King's Highway;
th S on King's Aighway to 42°d St W; t1� E on 42"d St W to Bryant Av S; th N on Bryant Av S to 41�` St
105
Revised on 7-21-08 using ken�edy-graven legal file # MDI60-1 dated May 16'" 2006 3
W; th E on 415t St W to Garfield Av S; th S on Garfield Av S to 43rd Sti W; th E on 43`a St W to Harriet
Av S; th S on Haniet Av S to 44th St W; th W on 44`h St W to Lyndale Av 5; the S on Lyndale Av S to
45`h St W; th W on 45th St W to Aldrich Av S; th S on Aldrich Av S to 47�' St W; th W on 47`h St W to
Bryant Av S; th S on Bryant Av S to 49`h St W; th E on 49`b St W to Pleasant Av S; N on Pleasant Av S to
48`� St W; th E on 48`h St W to Stevens Av S; th S on Stevens Av S to 50te St E; th E on 50`� St E to 2°�
Av S; th N on 2"d Av S to 42°d St E; th E on 42"a St E to Chicago Av S; th N on Chicago Av S to 41s` St
E; th W on 4151 St E to Qakland Av S; th N on Oakland Av S to 40`�' St E; tky��t 40`h St B to Chicago Av
S; th N on Chicago Av S to 38"' St E; th W on 38`h St E to Portland Av���N on Portland Av S to 37`h St
�� �
E; th E on 37`� St E to Oakland Av S; th N on Oakland Av S to 36`h�� ttt�� 36�' St E to Columbus
�.
Av S; th N on Columbus Av S to 35`� St E; th W on 35�' St E t k�'�d Av S�� n Oakland Av S to
34�'StE;thWon34teStEto4`hAvS;thNon4`hAvSt dStE
on 5�' Av S to 32"d St E; th E on 32"a St E to Portland h N on
thEon33`d
AvSto3
Av S; th N
E on
31�` St E to 10`h Av S; th S on 10ce Av S to the N line of Po rp ��rk;=gh E along the�line of
Powderhom Park to 11`� Av S; th N on ll r� Av S to 29`h St E th��� 29�' St E to 13`� Av S; th S on 13`b
Av S to Lake St E; th E on Lake St E to 14"' t�� th s on 14`h Av S��"a St E; tb E on 32°a St E to 16`n
_� � ��-`a.y„�,`
Av S; th N on 16`� Av S to Lake St E, th E on T�ke '�t��,,�9`h Av S, th ��19`b Av S to 31st St E; th E
on 31s` St E to 21s` Av S; th S on 21st Av S to 32°�=�t E;
to 35`� St E; th E on 35`� StE�`�����1v S; th S on ��
��
�� .
thSon24"'AvSto38`� �,thE��`�StEtoHia
���� �_ '
Blvd; th NEly on Nawada�t��yd to t�e� east r/w of tbe
Paul & Pacific Railroadl: th
Paul &
St E; tl���pn 44"' St E to
AvS��" �, thStE;thE
S, th
St E
�i�to 20"' Av S; th S on 20"' Av S
v S to 3'7���t E; th E on 37�' St E to 24�' Av S;
ia Av; th SEIy on Hiawatha Av to Nawadaba
RR (formerly Chicago, Milwaukee, St.
"' ' o Line RR (formerly Chicago, Milwaukee, St.
on 46` E to Snelling Av S; th NWly on Snelling Av 5 to 44`n
Av S to 45`" St E; th E on 45`� St E to 42°d Av S; th N on
62h Av S; th S on 46`h Av S to 46`h St E, th E on Ford Pkwy to
the east boun � i�af the Ciry of�nneapolis"'; th Nly along the centerline of the Mississippi River to the
Sly extension of �merald St th N along the Sly extension of Emerald St and Emerald St , being the
easterly boundary line es�the City of Minneapolis and the Counry of Hennepin, to the center line of
Territorial Rd; th Ely to the southerly extension of the most westerly lines of Lots 2 and 3, Block 3 of
West Gate Addition projected to the center line of Territorial Rd; th Nly along the southerly extension of
the most westerly lines and the most westerly lines of Lots 2 and 3, Block 3 of West Gate Addition Yo the
north line of the northwest quarter of the southwest quarter of Section 29, Township 29, Range 23; th Ely
19.43 feet along the extention of and the north line of the northwest quarter of the southwest quafter of
said Section 29 to the most easterly of the west lines of Lots 1 and 2, Block 3 of the West Gate Addition;
106
Revised Qn 7-21-Q8 using kennedy-gcaven legal ftle # MD160-1 dated May l6'" 2006 4
MWMO and Six Cities NIWO Boundary
I394
�lj. Six Cides WMO
Hilitop
Columbia Heiet
Fridlev
I69�
nuron
�wua.wx�wna
03
�
M
�
�
�n
M
H
0 0.5 1 2 3 4
Miles
Data SoVrceS MNDOT, MVJMO. Fntlley
Crealetl Dy Bnan Jaslrarn MWMO 2012
109
_r;��:..
I94
�
.�..�._
!��SSISSIPPI
wn[EU,sNEo
Prataci N�, Pass it on.
.,
� : M ' �
MWMO Bylaws
Ciry of Columbia Heights
Giry of Fridley
Cin' of Hilltop
Citc- of Lauderdale
Ciry of blinneapolis
Citp of Saint Anthony Village
City of Saint Paul
Minneapolis Park and Recreation Board
..,� '.}�
110
MWMO Bylaws
Prepared for the MWMO by
Douglas Snyder, Executive Director
Zhenya Stone, Office Administrator
Suggested cltatlon:
Mississippi Watershetl Management Organization. 2012. MWMO Bylaws.
Front Cover:
URPer Photo: The rare and elusive blue-wingetl teal resting tluring migration in the Mississippi River Critical Area near tlowntown Mlnneapolis.
Photograph by B. Jastram. Mississippi Watershetl Management Organization.
Lower Photo: Courtesy of the MWMO Museum of Naiural History.
holect H. Pm I! an.
"224 Marsha I Stree' \E 3u'*.e?Ol
Ri;�nea�o s tii'nn2sota 5541?-013�
'F�1?i4r"ahBr80
iGil�� 465 �?R5 ta�.
wwav.mwmo,org 111
MWMO Bylaws
The :�4��Gi�fO is a joint powers watershed management organization created under the requirements of the
'_bletropolitan Watez Management Acc (i�IS 703B211) and Minnesota Rules 5410. The MWMO activity i� guided
by 3 primary documents: 1) rhe Joint and Cooperarive Agreement QCA), 2) the Bylaws and 3) the Comprehensive
Watershed Management Plan (Plan).
The JCA defines the MWMO:
• b4embership and makeup of Board of Commissioners;
• Legal Purpose of the Organization;
• Powers and Duries oF the Boazd of Commissloners;
• Financial Obligadons of btembexs;
• Durauon, Dissoluuon, tlmendments and Effective Date of the agxeement; and
• Legal Descxiption of the Watershed Boundaries.
The inrent of the Bylaws is ro supplement t6e JCA by describing the admirvstxauve processes of ehe MWMO.
The Bylaws establish xules goveTning conduct and procedure of rhe Board of Commissionexs of �he Mississippi
��'atershed Management Organization in Anoka, Hennepin, and Ramsey Counties, �linnesota puxsuant to
'�linnesota Statutes, Chapxer 103B.
Key wmponents of xhe Splaws are:
� Regular and Special Meeting oxdex of business, location and notification;
• Boaxd Committees and xesponsibilides; and
• Boaxd Oft�cexs.
The Bylaws may be updated periodicafly thxoughout che vear. The most recent version a-ill be acailable on the
bl�k'�f0's website at www.mwmo.org.
Prottet 11. Poa tt a.
����������,� i22vlt��'���IS�ce,�;ESor�2C1 8ylaws2011.tlocx
W A Y E R S H E D M;nneePO'�s. M m�2so:a 50415
.. . . (8�11 �R7 09AL
� Fi5' i 28' 1305 fa;
www.mwmo.org
112
Mississippi Watershed Management Organization Bylaws
These Byla�i�s establish rules gocexning conduct and procedure of the Board of Commissioners of the b�ississippi
��'atexshed Management Oxganizauon in Anoka, Hennepin and Ramsey Counties, b4innesota pursuant to
b4innesota Statutes, Chapter 103B as amended and in confomilry thexewith.
Fox the purpose of these Bylaws, the terms used herein shall have the meanings defined in the Joint and
Coopetadve Agxeement fot the Mississippi Wacershed �Ianagement Osganizadon (the "Agxeement'�.
Commission Meetings
Section L• The legal name of the waxexshed management organizauon shall be �fiddle D4ississippi River
W'ateLShed bSaoagemene Organization d Jb/a btississippi lk'atexshed \4anagement Organization.
Section 2: Regular meeungs of the Commission shall be held at such locauons and at such times as are
specified from ume to dme by resolution oY the Commission. The Executive Direcmr shall cause copies of all
such resoludons to be Qrocided pLOmptt`• to each of the blembexs and filed in the pxima�� offices of the
Commission. In the event the Commission determines to hold a xeg�ilar meeting at a location or ume othex
than as specified in such resoluuon, such meedng shall be deemed a special meeting for purpose of giving
nodce. Notice af all such meetings shall be given in accoxdance with rhese bylaws to commissioneis,
alternates, and members and in accordance with 1-finn. Stat., Chaptex 13D eo the public.
Fox purposes of posung norices in accordance wtich i��inn. Stac §13D.04, the principal bulleun board of the
Commission shall be the bulletin 6oaxd at the Commission admisustxative offices. Notices wiil be mailed to all
'_�Sembers for purposes of posring such nodces on the principal bullerin boaxd of the Nlembers. However,
bulletin boards other than the principal bulledn board of the Commission will not be deemed m be principal
bulletin boaeds of the Commission for purposes of l�linn. Stat �13D.04.
Secuon 3: Wxitten nouce of regular meeungs of the Commission shall be mailed ro the Commissioners,
Alreinates, and their member councIl's staff (Columbia Heights — City b4anagex, Hilltop — Cin� Clerk, Fridley
— Cit�� Managec, b4inneapolis - Ciry Clexk; St. tlnthony - City '�lanagex; LaudeTdale - City� Administtator, St.
Paul - Ciry Clerk; '�linneapolis Paxk Board - Assistant Superintendent for Adminiscxanon) at least nvo weeks
prior to each meeung. All othex correspondence from the Watershed Management Orgaruzation Staff shall be
sent to the same parties. Othet arrangements for sending Watershed Management Organization Staff
correspondence will be aixanged �vith the individua] Commissionexs.
Section 4: Special meetings of the Commission may be called bp the Chaix or anc two Commissioners. At
least thxee daps' notice of the meeting must be procided in accoxdance with the Agreemenc Nodfication will
be mailed to the same pardes as listed in Secuon 3.
4 120308 MWMO Bylaws P�esenied to Fridiey Ciry Council.DOC
Section 5: Locations, dates and times of rescheduled xegular meetings and special meeti�gs ���ill be mailed ro
the same parties as listed in Section 3. Each Commissioner is responsible for the posdng of such notices fox
his or her communit��.
Section 6: All meetings shall be conducted in accoxdance with RoberPs Rules of Ordex Revised, except as
othenvise piovided in the Agceement or these bylaws.
Section 7: T1ie usual ocder of business at all meetings, unless cbanged by the Com�nissioners, shall be as
follows:
A. Call to Ordex
B. Roll Call
C. rlpproval of Agenda
D. Consent Agenda
E. Appcoval of Minutes of PLevious Meedng
F. Business
G. Announcements
H. SchedulingofNexc'�Seedng
I. Adjournment
Section 8: The b1�K-"1�f0 Execudce Committee, made up of the Chair, Vice-Chair, and Treasurex, will meet
as necessaro to perform thc following duties:
A. Sign checks for MWbfO expenditures
B. Revie�c prepaxed agenda items fox bf�w'1�40 Board meetings
C. Adcise staff of h-t�X�'\40 policies and pxoceduxes
D. Act on any 11W�10 pexsonnel issues
Section 9: These bylaws may be amended at anc regular or special meedng of the Commission, procided
that ten da}�s' prior notice of the proposed amendment has been furnished to each Commissioner and each
membex.
Section 10: A majoriry vore of Commissioners present shall be necessary to adopt any amendment ro these
bvla�vs.
Section 11: In any instance where these belaws axe in conflict u2th the Joint and Coopexative Agceement, the
Agreement shall contcol.
MWN.O A�nual Monitorir,g Report 20C9 5
'•
t
CRY OF
FRIDLEY
To:
From:
Date:
AGENDA ITEM
CITY COUNCIL MEETING OF
March 12, 2012
William W. Burns, City Manager ��fd'
Darin R. Nelson, Finance Director '�V
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Debra A. Skogen, City Clerk ,�;�,
Don Abbott, Public Safety Director
Scott Hickok, Community Development Directo
Jack Kirk, Pazk and Recreation Director
Mazch 8, 2012
Re: Second Reading of ordinances Amending Chapters 121, 508, 602 and 603 and
creating Chapter 604 Pertaining to Temporazy Malt Liquor and Intoxicating
Liquor Licensing, Consumption and Display, and Alcoholic Beverages at the
Springbrook Nature Center
Staff received a request from the Fridley 49er Days Committee and the Fridley Lions about the
possibility of obtaining a temporary on-sale intoxicating license to allow for the sale strong beer
during the Community Festival to be held at Moon Plaza this year. Upon review of the City's
liquor codes, staff found some inconsistencies and conflicts and began working with the City
Attorney. Amendments were drafred into ordinances to provide consistency between the
chapters and to modify or update some of the language to bring it consistent with state law.
The first readings were held on February 6, 2012. During the meeting the City Council had a
few questions and asked staff for further information. In addition, staff was asked to create an
amendment that would be easier to understand. We will address all four the ardinances with this
memo.
Chapters 121 and 604 - Liquor Consumption and Displav
After review the City Attorney found inconsistencies within Chapter 121, Liquor Consumption
and Display. While Section 121.02 prohibits the use of 3.2% malt liquor or intoxicating liquor in
any public or private area, Section 121.03 allows the Police Department to issue an intoxicating
liquor consumption or use permit and specifying the conditions of the permit.
Under Minnesota law, only the State can issue an annual Consumption and Display Permit with
the approval of the City. In addition to the State's annual permit, the City may issue up to ten
(10) one-day intoxicating liquor consumption and display permits to nonnrofit org.anizations in
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conjunction with a social activity in the City sponsored by the organization. In the past, such
permits have also been issued to businesses for special events, which is inconsistent with state
law. As a result, we are amending Chapter 121, Attachment 1, and enacting Chapter 604,
Attachment 2, pertaining to consumption and display permits.
During the first reading of the amendment to Chapter 121, Councilmember Bolkcom asked if
Section 121A2 could be condensed or put into language that would be easier to understand. The
City Attorney and staff reviewed the amendments to Chapter 121 and prepazed the following
changes:
Section 1. In Section 121.01, subparts 3 and 5, the amendment changes the definition of
non-intoxicating malt liquor to 3.2% malt liquor and removes the definition of public
place.
Section 2. In Section 121.01, subpart 6, the amendment creates a new definition for
alcoholic beverage.
Section 3.
In Section 121.02, subparts 1 and 2. the amendment removes the use of the terms non-
intoxicating malt liquor and intoxicating liquor and changes them to alcoholic beverage
and removes the reference to any public place.
In Section 121.02, subpart 3, the amendment has been changed to make it more
understandable and to provide a list of when consumption of an alcoholic beverage would
be permitted.
Section 4. In Section 121.03, the amendment repeals the ability of the Public Safety
Director to issue a permit.
During the first reading of Chapter 604, enacting language to allow for Consumption and Use
permits, Councilmember Bolkcom asked if it were necessary for a Police Officer to contact the
Public Safety Director in an effort to suspend a permit. The language was reviewed and
amended in a manner that eliminated that requirement. (See Section 604.02.7.)
Chapters 602, 603, and 606 - 3.2% Malt Liquor, On-Sale Intoxicating LicLuor and Club Licensing
This ordinance addresses the inconsistencies that were found among the three chapters pertaining
to temporary on-sale liquor licenses. When reviewing the City Code, staff found there was an
inconsistency in the distance a licensee had to be from a public school or church and the number
of temporary licenses that could be issued to one organization or location during the same
calendar year. The City Attorney recommended making changes to the liquor code to provide
consistency between these chapters. After the Council meeting, the ordinance was amended to
reflect the Council's concerns, as shown in Attachment 3.
The following changes have been made since the first reading:
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The sunset clause for the late night endorsement has been removed in the following sections
of the ordinance:
Section 1: Section 602.02.5
Section 3: Section 602.053;
Section 5: Section 603.02; and
Section 10: Section 606.02
During the first reading, Councilmember Bolkcom noticed the 2008 sunset clause was still in
the City Code. She asked for a report about late night activities and suggested removing the
language. In the attached report from Captain Bob Rewitzer, Attachment 5, the Police
Department stated that it was not opposed to removal of the sunset clause. In 2Qll there
were four establishments operating with a Late Night Endorsement. Combined, the four
businesses generated 20 calls for service between 2:00 a.m. and 4:00 a.m., or 34% of the
calls, and revealed no significant impact attributable to allowing alcohol sales unti12:00 a.m.
The Department has tools in place to monitor and effectively address excess calls for service
at licensed establishments.
Section 2, Section 602.051; Section 6, Section 603.07.1; and Section 11, Section 606.09.1
are amended regarding the granting of the licenses.
These three sections included the same language in each Chapter. The City Attorney has
reviewed the comments made by Councilmember Bolkcom to try to make this section
clearer. She is recommending repealing all of the old language shown by the strikeouts and
enacting new language shown with underlining.
During the first reading, staff recommended repealing the language requiring the license to be
approved at the next regular meeting. Staff completed a survey of liquor license procedures from
15 other cities in the Northwest Metro, as shown in Attachment 6. Four of the cities do not hold
public heazings and place the liquor license on the council agenda, sometimes under the consent
agenda. The other eleven cities do hold a public hearing, but approve the license after the public
heazing is held at the same meeting. If there are additional questions, the public hearing could be
continued and the license would be approved or denied at a later date. The City of Blaine
changed their City Code several years back to allow for approval at the same meeting. The
language under this section provides the City Council the ability to approve or deny the license
in its discretion.
Chaoter 508 - Allowing for Alcoholic Beveraees at SprinQbrook Nature Center
In 2003, Chapter 508 was amended to allow for the sale of 3.2% malt liquor and or wine at
Springbrook Nature Center. In 2007, Chapter 508 was again amended to allow for the sale of
strong beer at Springbrook Nature Center. During 2011, the Minnesota Legislature amended
state law to allow city licensed on-sale intoxicating liquor establishments to provide food and
alcoholic beverages off their licensed premises at city owned facilities.
A question was raised about whether an event catered by one of the locallicensed establishments
would be required to abide by the City's 40/60 food to liquor ratio. Although the food to liquor
'�'� $
xa6o is not event specific, the sales would be calculated in the local licensed establishment's
annual gross sales in compliance with our food to liquor ratio reported with their annual renewal.
A nonprofit or�anization holding an event at the Nature Center may apply for a temporazy on-
sale 3.2% Malt Liquor and or wine license. This license does not require a food to liquor
minimum. The applicant provides information as to the date of the event, liquor liability
insurance, and whethet or not food is being served. The City may issue an unlimited number of
temporary 3.2% malt liquor licenses. However, the City is limited to a total of 12 temporary one
day intoxicating liquor licenses.
The changes that have been made since first reading are as follows:
Section 1. Section 508.21 is amended to remove the language referring to the type of liquor and
replace it with alcoholic beverages.
Section 2. Section 508.21.4 is amended by adding Chapter 602 and removing and replacing
strong beer and intoxicating liquar and replacing it with malt liquor and wine.
Section 3. Section 508.21.5 is amended to make this section easier to understand the conditions
a liquor license would be allowed at the Nature Center. Small changes were made to remove the
3.2% malt liquor and strong beer terminology, referring to those beverages as malt liquor.
Based on the above, staff recommends the following actions:
A. A motion holding the Second Reading of an Ordinance Amending City Code Chapter
121, Section 121.02 and Repealing Section 121.03 Related to Consumption and Display
of liquor;
B. A motion holding the Second Reading of an Ordinance Adopting City Code Chapter 604
Related to Consumption and Display Permits and Amending Chapter 11, Section 11.10
Bstablishing Fees;
C. A motion holding the Second Reading of an Ordinance Amending Chapters 602, 603 and
606 of the Fridley City Code Repealing Liquor License Boazd and Providing Additional
Language Pertaining to Temporary On-Sale 3.2% Malt Liquor and Temporary On-Sale
Intoxicating Liquor.
D. A motion holding the Second Reading of an Ordinance Amending Chapter 508, Sections
508.21, 508.21.4 and 508.21.5, and Enacting City Code Chapter 508 Section 508.21.5.E.
Related to the Sale and Consumption of Alcohol in City Pazks and at the Springbrook
Nature Center.
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The following is a list of the attachments referenced in staffs' memorandum:
Attachment 1: Ordinance Amending Ciry Code Chapter 121, Sections 121.01 and 121.02,
Enacting Section 121 A 1.6, and Repealing Section 121.03 Related to the
Consumption and Display of Liquor (Item No. 11 on the Agenda)
Attachment 2: Ordinance Adopting City Code Chapter 604 Related to Consumption and
Display Permits and Amending Ctiapter 11, Section 11.10, Establishing
Fees (Item No. 12 on the Agenda)
Attachment 3: CJrdinance Amending Ciry Code Chapter 602, Sections 602.023,
602.02.5, 602.05.1, 602.053, and 602.14.1; Chapter 603, Sections 603.02,
603.07.1, 603.09.2, 603.24, and 603.26.1; and Chapter 606,
Sections 606.09.1 and 60612.1 Related to On-Sale 3.2% Ma1t Liquor,
On-Sale Intoxicating Liquor and On-Sale Intoxicating Liquor-Clubs
(Item No. 13 on the Agenda)
Attachment 4: Ordinance Amending City Code Chapter 508, Sections 508.21, 508.21.4
And 508.21.5, and Enacting City Code Chapter 508, Section 508.21.S.E
Related to the Sale and Consumption of Alcohol in City Pazks and at the
Springbrook Nature Centex (Item No. 14 on the Agenda)
Attachment 5: Memorandum from Captain Robert Rewitzer to Debra Skogen, City
Clerk, regarding "Liquor Code Late Night License Endorsement."
(Attached to the back of staff s memorandum.)
Attachment 6: Survey of Cities in the Northwest Metro regarding Liquor License
Procedures. (Attached to the back of staff's memorandum.)
120
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To: Deb Skogen, City Clerk
From: Capt. Bob Rewitzer
Date: March 5, 2012
Re: Liquor Code Late Night License Endorsement
Rttachment 5
The Police Department is not opposed to amending Fridley Municipal Code by elimination of
the La[e Night License fndorsement "sunset clause” rn Chapters 602, 603 and 606.
On lune 1, 2003 the State of Minnesota enacted leglslation extending hours of alcohol sales
until two o'clock a.m. The law allowed local jurisdictions to decide whether or not to allow
the extended hours. In 2004 Cou�cil enacted Ordinance 1197 amending Fridley Municipal
Code to allow certain holders of liquor licenses to obtain a"Late Night License
Endorsement" to sell intoxicating liquor until two o'clock a.m. The ordinance included a
provision that no Late Night License Endorsement would be effective after April 30, 2006.
This sunset provision allowed for a review of any detrimental effects from late night sales.
In 2006 staff reported on the impact to police calls for service of allowing alcohol sales until
two o'clock a.m. A survey of alcohol-related calls for service (domestic assault, DUI, and
alcohol-related traffic accidents} throughout the city revealed no significant impact or
displacement attributable to the two o'clock a.m. closing times. Overtime expenses showed
no discernible increase over previous years. As a result, Council e�acted Ordina�ce 1222
amending Fridley Municipal Code to continue the "Late Night License Endorsement" until
April 30, 2008. The sunset provision was continued to allow for further review of any
detrimental effects from late night sales. During a recent review of the Liquor Code for an
unrelated amendment it was discovered that the Late Night License Endorsement issue had
not been revisited by staff or Council since 2006.
In 2011 there were four establishments operating under On-Sale Intoxicating Liquor licenses
that held Late Night License Endorsements: BAM Inc. dba Shortstop, Billiard Street Cafe dba
Two Stooges, Fridley Grill LLC dba Pickle Park, and Shorewood Inc dba Shorewood
Restaurants in Fridley. Combined, the four businesses generated fifty-eight police calls-for-
service (CFS) between midnight and four a.m. in 2011. Twenty CFS (thirty-four percent)
occurred between two o'clock a.m. and four o'clock a.m. The twenty CFS included five
disorderly, four theft, three detox, two found property, and one each of trespass, assault,
damage to property, domestic, hit & run traffic accident, and warrant arrest. By comparison
in 2004 twenty-seven percent, and in 2005 forty-four percent, of CFS at licensed
establishments holding Late Night License Endorsements occurred between two o'clock
a.m. and four o'clock a.m. Analysis of 2011 alcohol-related CFS (domestic assault, DUI and
alcohol-related traffic accidents) and overtime expenses revealed no significant impact
attributable to allowing alcohol sales in the City until two o'clock a.m.
121
A study conducted in 2007 by the Department of Criminal Justice and Political Science at
North Dakota State University and published in the Journal of Criminal Justice explored the
impact of the two o'clock a.m. closing on drunk driving in Minnesota. The study concluded
that there were no changes in the levels of drunkenness detected by police and that no
substantial increase in drinking and driving was observed. The study did find a signi�cant
increase in the number of DWI-related traffic stops which were attributed to increased
proactive police response to the extended closing time.
There are a multitude of factors involved with drinking activities that all interact to produce
problematic outcomes requiring police intervention. There is no data to suggest that
allowing alcohol sales in the City until two o'clock a.m. is a significant contributing factor to
either the number or seriousness of alcohol-related CFS. The Department has tools in place
to monitor and effectively address excess CFS at licensed establishments. The Police
Department is therefore not opposed to continuation of the Late Night License
Endorsement and removal of the sunset clause language.
122
Attachment 6
2012 Survey - Approval of Liquor Licensing Procedures
123
Attachment 1
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
ORDINANCE NO. _
TO THE CONSUMPTION AND DISPLAY OF LIQUOR
THE CITY OF FRIDLEY ORDAINS AS FOLLOWS:
Section 1. Amendment. Chapter 121, Section 121.01, subparts 3 and 5 of the Fridley City Code
aze hereby amended to read as follows:
3. �'^�=.�.-m�eaH�tg 3.2°/a Malt Liquor.
tk� Mtxalt liquor containing not less than one-half of one percent (.5%) alcohol by volume nor
more than 3.2 percent (3.2%) a€ alcohol by weight.
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Section 2. Amendment. Chapter 121, Section 121.01, subpart 6 of the Fridley City Code are
hereby enacted to read as follows:
6. Alcoholic Beveraee.
Anv beverage containing more than one-half of one percent alcohol b�volume.
5ection 3. Amendment. Chapter 121, Section 121.02 of the Fridley City Code is hereby
amended to read as follows:
121.02 PROffiBITED USE OR CONSUMPTION
1. No person shall consume an alcoholic
beverage in any parking area connected with or a part of the land azea of a fi�e premises which has
been issued an intoxicating liquor license, wine license or a license to sell �ex-inte�ieat�g 3.2 %
malt liquor, under Chapter(s) 602 or 603 of the Fridley City Code, including any parldng area
connected with or a part of the land azea of the premises of any private bottle club, fraternal
organization or other private club, defined in Chapter 605 of the Fridley City Code, located within
the City e€-�i�ley, exceot as permitted bv Section 121.02.3.
2. No person shall carry any open receptacle, including a glass, bottle or other device used for the
consumption of alcoholic beveraees ��'�� ��':�rt ,;�..�� � �'�°:�°«;°� ��„':�..�� from the
licensed premises �� ��° ���'�'�° �'°��.
124
Ordinance No. Page 2
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No person shall consume an alcoholic beverage or nossess an open container containing an�
alcoholic bevera¢e in anv public place or on an�public street, hi wav. alley�sidewalk, or in anv
public ox private pazkine azea unless the consumption of the alcoholic bevera e is perxnitted under:
A. State law, County ordinance, or City ordinance;
B. A te�orary on-sale 3.2% malt liquor license;
C. A te�orary on-sale intoxicatin� liquor license;
D. A one-dav consumntion and disnlav oermit; or
E. Any other liquor license or permit issued or approved bythe Citv.
Section 4. Reaeal, Chapter 121, Section 121.03 of the Fridley City Code is hereby repealed as
follows:
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Section 5. Effective Date. This ordinance sha11 be in full force and effect upon its publication as
provided by law.
PAS5ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2012.
ATTEST:
Debra A. Skogen, City Clerk
First Reading: February 6, 2012
Second Reading:
Publication Date:
125
Scott J. Lund, Mayor
Attachment 2
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
ORDINANCE NO. _
AN ORDINANCE ADOPTING CITY CODE CHAPTER 604 RELATED TO
CONSUMPTION AND DISPLAY PERMITS AND AMENDING CHAPTER 11,
SECTION 11.10, ESTABLISHING FEES
THE CITY OF FRIDLEY ORDAINS AS FOLLOWS:
Section 1. Amendment. Chapter 604 of the Fridley City Code is hereby enacted as follows:
FRIDLEY CITY CODE
CHAPTER 604. CONSUMPTION AND DISPLAY PERMITS
604.01 CONSUMPTION AND DISPLAY PERMITS
1. A consumption and display permit may be approved by the City for an organization that
complies with the requirements of Minnesota Statutes Section 340A.414, subd. 2 and that has
obtained a permit from the Commissioner of Public Safety.
2. Consumption and display permits issued by the Commissioner of Public Safety and approved
by the City expire on March 31 of each year.
3. In addition to the annual fee imposed by the Commissioner of Public Safety for a
consumption and display permit, the City shall impose a fee, not to exceed $300, which
must be paid prior to issuance of such permit.
604A2 ONE-DAY CONSUMPTION AND DISPLAY PERMITS
1. It is the intent and purposa of this section to effectuate the authorization to issue one-day
consumption and display permits given to municipalities by Minnesota Statutes Section
340A.414, subd. 9.
2. One-day consumption and display permits may only be issued to a nonprofit organization in
conjunction with a social activity in the City sponsored by the organization.
3. A one-day consumption and display permit shall be issued on an application form prescribed
by the City Clerk and issued by the City Council. No public hearing shall be required.
4. In addition to the permit fee imposed by the Commissioner of Public Safety for a one-day
consumption and display permit, the City shall impose a fee, not to exceed $25, which must be
paid prior to issuance of such permit.
126
Ordinance No. _ Page 2
5. If the one-day consumption and display permit is used on public property owned by the City,
upon the recommendation of the Public Safety Directory, the City Council may require the
holder of the permit, as a term and condition of the permit, to hire uniformed police officer(s) to
remain on the premises during the use of the permit.
6. A one-day consumption and display permit issued under this section is not valid unless first
approved by the Commissioner of Public Safety.
7. Permits may be suspended by the Public Safety Director, or a police officer -~�R�r�=�==
Q:r°•��� when, �� ''-°���f�i =�,o=, there is a public safety danger or infringement of peace
and tranquility.
8. Because the one-day consumption and display permit is not a retail permit for the sale of
alcoholic beverages, no proof of liability insurance will be required for issuance of the permit.
Section 2. Amendmenk Chapter 1 l, Section 11.1 Q is hereby amended to read as follows:
CODE SUBJECT FEE
604 Liquor
Annual Consumption and Display $300
One Da Consum tion and Dis la $25
Section 3. Effective Date. This ordinance shall be in full force and effect upon its publication as
provided by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF TAE CITY OF FRIDLEY THIS
DAY OF 2012.
ATTEST:
Debra A. Skogen, Ciry Clerk
First Reading: February 6, 2012
Second Reading:
Publication:
127
Scott J. Lund, Mayor
Attachment 3
SUMMARY ORDINANCE NO. _
AN ORDINANCE AMENDING CITY CODE CHAPTER 602, SECTIONS 602.02.3,
602.02.5, 602.05.1, 602.05.3, AND 602.14.1; CHAPTER 603, SECTIONS 603.02, 603.07.1,
603.09.2, 603.24, AND 603.26.1; AND CHAPTER 606, SECTIONS 606.09.1 AND 60612.1
RELATED TO ON-SALE 3.2% MALT LIQUOR, ON-SALE INTOXICATING LIQUOR
AND 01�3-SALE INTOXICATING LIQUOR-CLUBS
L Title
An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code Chapters 602, 603 and
606 repealing the need for a Liquor License Boazd and providing additional language pertaining m
Temporary On-Sale 3.2% Malt Liquor and Temporary On-Sale Intoxicating Liquor.
II. Summarv
The Ciry Council of the City of Fridley does hereby ordain as follows:
The purpose of ordinance amendments is to accomplish the following:
l. Repeal outdated language referring to the liquor board and sunset clause for late-night
endorsement;
2. Remove language prohibiting the City Council from approving a liquor license at the same
meeting as the public hearing on the license;
3. Substitute the City Clerk for the City Manager with respect to responsibility for processing liquor
license requests;
4. Create exceptions for temporary liquor licenses from the Patio Endorsement requirements;
5. Create an exception for on-sale intoxicating liquor licenses from the 400 foot distance
requirement from churches and schools so it is consistent with the exception for 32% malt liquor
licenses in Chapter 602;
6. Change the number of temporary on-sale intoxicating liquor licenses a single organization may
apply from two annually to the number allowed by MN State Statute, Section 340A.404, Subd.
10.
7. Allow on-sale intoxicating licensees to dispense alcohol on the premises of any City owned
sports, convention, or cultural facility, such as Springbrook Nature Center.
III. Notice
This title and summary has been published to clearly inform the public of the intent and effect of the City
Code of the City of Fridley. A copy of the ordinance, in its entirety, is availab]e for inspection by any
person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431
University Ave N.E., Fridley, MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY
OF 2012.
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading: February 6, 2012
Second Reading:
Publication Date:
� Z8
SCOTT J. LUND, MAYOR
Ordinance No.
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
ORDINANCE NO. _
AN ORDINANCE AMENDING CITY CODE CHAPTER 602, SECTIONS 602.02.3,
602.02.5, 602.05.1, 602.05.3, AND 602.14.1; CHAPTER 603, SECTIONS 603.02, 603.47.1,
603.09.2, 603.24, AND 603.26.1; AND CHAPTER 606, SECTIONS 606.09.1 AND 60612.1
RELATED TO ON-SALE 3.2% MALT LIQUOR� ON-SALE INTOXICATING LIQUOR
AND ON-SALE I1�TOXICATING LIQUOR-CLUBS
The Fridley City Council hereby finds afrer review, examination and recommendation of staff
that Chapters 602, 603 and 606 related to temporary on-sale 3.2°lo malt liquor and temporary on-
sale intoxicating liquor be hereby amended and ordains as follows:
Section 1: Amendment. Chapter 602, Sections 602.023 and 602.5 of the Fridley City Code are
hereby amended to read as follows:
602.02. LICENSES REQUIRED
3. Temporary '-'On-sale'-'. Temporary "on-sale'-' licenses shall be granted only to �exa-fde clubs,
a� chazitable, religious, a� or nonprofit organizations for the sale of 3.2% malt liquor for
consumption on the premises only. Said temporary licenses sksl} mav be granted upon written
application to the City Council upon forms provided by the City. The provisions of Chapter 602
of the Fridley City Code, as applicable, shall be observed by said nonprofit organizations.
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Sg. Late Night License Endorsement. An on-sale license may be amended to include a Late
Night License Endorsement subject to the terms and conditions imposed by the City Council
within its discretion and otherwise in accordance with the provisions of this Chapter. No person
may sell any 3.2% malt liquor under any permit issued pursuant to this chapter after 1:00 a.m.
without first obtaining a Late Night License Endorsement. ���°'°�*��' -"� T,:.,�°°�,�s�=;;o,a
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1�29
Ordinance No.
Section 2. Amendment. Chapter 602, Section 602.05.1, ofthe Fridley City Code is hereby
amended to read as follows:
602.05. GRANTING OF LICENSES
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1�30
Ordinance No.
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A. Upon receipt of a com�lete application, the City Clerk shall forward the application to
the Public Safety Director, or Directar's designee, for verification and investigation of the
facts set forth in the application. The Director or their designee shall complete such
investieation and make a written recommendation and renort to the City Clerk. The
report shall include a list of all violations of anv federal, state or municipal law.
B. After recei�t of the written report, the Citv Clerk shall forward the anplication to the
Fire Department and Building Inspections Department for their review and comment.
C. Within twentv (20) days after the receipt of the Director's written report, the City
Clerk shall cause to be �ublished a Notice of Public Hearing regarding the license
application in the official news�aper at least ten (101 davs in advance of the public
heazine. The Notice shall include the date, time and place of the public hearing, the name
of the applicant, the address of the premises to be licensed, and the nature of the business.
The Citv Clerk shall orepaze a written report to the City Council for the public hearing
which shall include the Director's report and anv comments the Fire and Building
Insnections De�utments mav have. An apvlication for a temvorarv on-sale 3.2% malt
liquor license shall be exempt from the public hearing requirement.
D. At the time of the public hearin�o�portunitv shall be eiven to anv person to be heazd
for or a¢ainst the Qrantinp of the license. If additional information is required, the Citv
Council mav conduct an additional hearing, as it mav deem advisable, within a
reasonable amount of time. The Citv Council mav thereafter �ant or den� the
application in its discretion.
E. The City Clerk shall, wittun ten �� davs af[er the issuance of anv license under this
Chanter, submit the reguired documentation to the Commissioner of Public Safetv. The
City Clerk shall also submit to the Commissioner of Public Safety anv change of address,
cancellation or revocation of anv license bv the City Council durine the license period.
F. Each license is issued to the applicant at the premises described in the auplication. No
license may be transfened to another person or to another location.
G. Where a license is eranted to a vremises where the buildine is under construction or
othenvise not readv for occuuancv, the City Clerk shall not issue the license until a
Certificate of Occupancv has been issued. The Buildin�nspection Department shall
notifv the Citv Clerk that the Certificate of Occunancy has been issued and the buildin¢ is
readv for occupancv.
'�31
Ordinance No.
Section 3. Amendment. Chapter 602, Section 602.053, of the Fridley City Code is hereby
amended to read as follows:
3. Late Night License Endorsement. An on-sale license may be amended to include a Late Night
License Endorsement subject to the terms and conditions imposed by the city council within its
discretion and otherwise in accordance with the provisions of this Chapter. An application for a
Late Night License Bndorsement shall be made at the same time as, but separate from, an initial
license or license renewal. ^T T *T: '� °«�'_-___ °°' �°�+°'"'; «`'° `':'" "` �':'"°;. °„" �'_
-o--- �
ocr ,.«:, e..we.. n..«i zn �nne. (Otd 1222)
�
Section 4: Amendment. Chapter 602, Section 60214. ], of the Fridley City Code is hereby
amended to read as follows:
60214. PATIO ENDORSEMENT
Statement of Policy
The sale of '.'0�-�-a�—:�aa� alcoholic beveraees pursuant to any of the licenses issued in
accordance with Chapters 602, 603 and 606 of the City Code with the exception of a temporarv
license will be limited to the sale and consumption inside of a structure on the licensed premises,
unless the licensee applies for and receives approval from the City Council for a Patio
EndorsemenY to allow the sale and consumption outside of a structure on the licensed premises.
Section 5: Amendment. Chapter 603, Section 603.02, of the Fridley City Code is hereby
amended to read as follows:
603.02. LICENSE REQUIRED
No person, except wholesalers or manufacturers to the extent authorized under State License,
shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first
having received a license to do so as provided in this Chapter. No person shall sell any
intoxicating liquor on Sundays without obtaining a sepazate license for Sunday sales, as required
by Minnesota State Statues. No person shall sell any intoxicating liquor after 1:00 a.m. without
obtaining a special Late Night License Endorsement for an existing liquor license as provided in
this Chapter. _
uF+:,�t;. a n�....:� �n �nno rn.a �L��
�zroccxrc?accr� �prc _�_voo. ��via o�,
On-Sale intoxicating liquor licenses shall only be granted to bowling centers, hotels and
restaurants, as defined in Section 603A1, where food is prepazed and served for consumption on
the premises. (Ref 1172)
The Citv Council may. in its sound discretion, authorize a retail on-sale licensee to disnense
intoxicatina liquor off the licensed premises at a community festival held within the Citv
nursuant to the provisions of Minnesota Statutes, Section 340A,404, subd. 4b. The City Council
mav, in its sound discretion, authorize a retail on-sale licensee to dis�ense intoxicatin�liquor off
1532
Ordinance No.
the licensed premises at anv convention banquet conference, meeting, or social affair conducted
on the premises of a sports convention or cultural facilitv owned by the citv vursuant to the
provisions of Minnesota Statutes 5ection 340A.404 subd. 4Lal� however, the licensee is
prohibited from dispensing intoxicatinP lictuor to any nerson attending or participatin�in a vouth
amateur athletic event being held on the nremises. A youth amateur athlefic event, for the
purpose of this section is defined as an event whose narticinants are 18 vears of age or vouneer.
Section 6: Amendment. Chapter 603, Section 603.071, of the Fridley City Code is hereby
amended to read as follows:
603.07. GRANTING OF LICENSE
1. Initial Licenses
.. ..
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'�33
Ordinance No.
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A Upon receint of a complete application the Citv Clerk shall forward the anplication to
the Public Safety Director or Director's designee for verification and investigation of the
facts set forth in the ap�lication. The Director or their desi�nee shall comnlete such
investigation and make a written recommendation and report to the Citv Clerk. The
report shall include a list of all violarions of anv fedexal, state or municipal law.
B. After receipt of the written report, the Citv Clerk shall forward the application to the
Fire Denartment and Building Inspections Department for their review and comment.
C. Within twentv (20) davs after the receipt of the Director's written revort, the City
Clerk shall cause to be published a Notice of Public Hearin� re�azdin� the license
�lication in the official news�aper at least ten (10) days in advance of the public
heazing. The Notice shall include the date, time and place of the nublic hearing, the name
of the apvlicant, the address of the Qremises to be licensed, and the nature of the business.
The Citv Clerk shall prepare a written renort to the Cit�Council for the public hearinQ
which shall include the Director's report and any comments the Fire and Buildin�
Insnections Denartments mav have. An�plication for a temporarv on-sale intoxicatinQ
liauor license sha11 be exempt from the public hearingrequirement.
D. At the time of the �ublic hearin¢, ovnortunitv shall be Qiven to any_person to be heazd
for or aeainst the rg antin�of the license. If additional information is required, the City
Council mav conduct an additional hearine, as it mav deem advisable, within a
reasonable amount of time. The Citv Council may thereafrer grant or deny the
�plication in its discretion.
E. The Citv Clerk shall, within ten (101 davs after the issuance of any license under this
Chapter, submit the required documentation to the Commissioner of Public Safetv. The
City Clerk shall also submit to the Commissioner of Public Safet�anv change of address,
cancellation or revocation of any license by the City Council durine the license period.
1�34
Ordinance No.
F. Each license is issued to the applicant at the premises described in the application. No
license ma�be transferred to another nerson or to another location.
G Where a license is granted to a premises where the buildin�is under construction or
otherwise not readY for occupancy, the City Clerk shall not issue the license_until a
Certificate of Occupancv has been issued. The BuildinQ Insnection Department sha11
notify the Ciri Clerk that the Certificate of Occunancv has been issued and the building is
readv for occupancv.
Section 7. Amendment. Chapter 603, Section 603.09.2, of the Fridley City Code is hereby amended to
read as follows:
603.09. PLACES INELIGIBLE
2. Exce�t for those oreanizations which aze applving for a temQorazv license to sell on-sale
intoxicatin� lic�uor Qursuant to Section 603.24, �ino license shall be granted for premises located
within 400 feet of a public school or of any church, the distance to be measured in a straight line
from the nearest point of building to building, excepting the existing on-sale municipal
establishments at the time of the enactment of this Chapter. The erection of a public school or
church within the prohibited area after an original application has been granted shall not, in and
of itself, render such premises ineligible for renewal of the license.
Section 8. Amendment. Chapter 603, Section 603.24, of the Fridley City Code is hereby
amended to read as follows:
6Q3.24. TEMPORARY LICENSES
I. The City is hereby authorized to issue a temporary on-sale intoxicating liquor "license" to
any club, charitable, religious, or e�eF nonprofit organization which has its principal location
within the City of Fridley and which has been in existence for a period of not less than three (3)
years at the time of making application for this license; or a political committee reeistered under
Minnesota Statutes 5ection 10A.14: or a state universitv. This temporary on-sale intoxicating
liquor license shall only be issued for a social event occurring within the City limits �-�rislr-is
�eixg sponsored by the licensee.
2. TAe l:,.e«�o �l,,,ll l.e C« e,.A ..F....� ... e A.,,.. al.«ee /21 .. e....4:..e A...... .�..A .. av
e
��,.... ....,. �:,.e ........ ... .. we : .�a .,. .,.e ,. e ,..«:,... :.. .,.,. .. „�,e.,a,._ ..o.,_ The number
of licenses issued bv the City Council shall not exceed the number allowed in Minnesota Statutes
Section 340A.404, Subd. 10.
3. The license may authorize the on-sale of intoxicating liquor on premises other than premises
which the licensee owns or permanently occupies. Further, the licensee may contract for
intoxicating liquor catering services with the holder of a full year, on-sale intoxicating liquor
license issued by anv municipalitv ��°''°- «we ........:.:...... ..r �,,:.. �,,,...«e..
1835
Ordinance No.
4. Except in those instances where the license holder contracts for the catering of liquor services
as provided in paragraph 3 above, the licensee shall meet the requirements of Section 603.16.
5. An t�application for this temporary license --�°°' "° ~�°a° :� a..^,:�°'° �� +'�° F�~ as
_va w.. .,.e ,,,r:.,.,e..,.... T,o..,,....,o... ,.r D„1,1:.. C'„F r.. IIIUSY t1C
e
completed and . T'�° � ~°' �c•'�;° °~^';�°'�^� °'^°" �° fonvazded by the City Clerk to the
Minnesota Department of Public Safety, T������ �'�°'-�' T'�°�°��� for their apnroval. �ke A copy
of the �tis application shall be retained by the City. �kis Aepplication for this license must be
made at least thirty (30) days prior to its requested date. This license shall not be effective unless
approved by both the �4�eset� Commissioner of Public Safety and the c"� City Council.
6. The � license fee shall be as provided in Chapter ll of this Csode.
7. If the license is used on public proueRV owned by the City, upon the recommendation of the
Public Safetv Director the City Council mav require the holder of the license, as a term and
condition of the license to hire uniformed police officer(s) to remain on the premises durin� the
use of the license.
Section 9. Amendment. Chapter 603, Section 603.26.1, of the Fridley City Code is hereby
amended to read as follows:
603.26 PATIO ENDORSEMENT
Statement of Policy
The sale of �te���eF alcoholic beveraees pursuant to any of the licenses issued in
accordance with Chapters 602, 603 or 606 of the Code, with the exception of a temporary
license, will be limited to the sale and consumption inside of a structure on the licensed premises,
unless the licensee applies for and receives approval from the City Council for a Patio
Endorsement to allow the sale and consumption outside of a shucture on the licensed premises.
5ection 10: Amendment. that Chapter 606, Section 606.02 of the Fridley City Code is hereby
amended to read as follows:
No person or organization shall sell, deal in or dispose of by gift, sale or otherwise, any liquor
without first having obtained a license to do so from the City Council; provided, however, that
this Section shall not prohibit the giving or serving thereof to guests in a private home, shali not
prohibit the sale thereof by a manufacturer or distributor to a person holding a license thereunder,
and shall in no way effect the operation of the municipal liquor stores. In addition to the
foregoing, no person shall sell any intoxicating liquor after 1:00 a.m. without obtaining a special
Late Night License Endorsement for an existing liquor license as provided in this Chapter. �Ie
,
�80� (Ord 1222)
Section 11: Amendment. That Chapter 606, Section 606.09.1, of the Fridley City Code is
hereby amended to read as follows:
1�6
Ordinance Na
606.09 GRANTING OF LICENSES
1. Initial Licenses
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'��7
Ordinance No.
. ._ .
A UQon receipt of a complete apolication the City Clerk shall forward the application to
the Public Safetv DirecYor or Director's desiQnee, for verification and investigation of the
facts set forth in the application The Directox or their designee shall comolete such
investi�ation and make a written recommendation and report to the Citv Clerk. The
report shall include a list of all violations of anv federal state or municipal law.
B. After receiDt of the written report, the Cit�Clerk shall forward the application to the
Fire Denartment and Building Inspections Deaartment for their review and comment
C. Within twentv (20i days after the receipt of the Director's written revort, the Citv
Clerk shall cause to be vublished a Notice of Public Hearing reQarding the license
application in the official newspaper at least ten �10) davs in advance of the public
hearine. The Notice shall include the date, Ume and place of the public hearing, the name
of the apnlicant the address of the premises to be licensed, and the nature of the business.
The Citv Clerk shall preoaze a written reoort to the City Council for-the public heazin¢
which shall include the Director's report and anv comments the Fire and BuildinQ
Insnections Departments mav have. An application for a temporazy on-sale 3.2% malt
liyuor license shall be exempt from the public hearin�guirement.
D. At the time of the nublic heazine, opportunitv shall be eiven to anv person to 6e heard
for or a�ainst the eranting of the license. If additional information is reauired, the Citv
Council mav conduct an additional hearine, as it may deem advisable, within a
reasonable amount of time. The City Council mau thereafter grant or denv the
apulication in its discretion.
E. The City Clerk shall, within ten (101 davs aftec the issuance of anv license undex this
Chanter, submit the rec�uired documentation to the Commissioner of Public Safetv. The
Citv Clerk shall also submit to the Commissioner of Public Safety ank� chanee of address,
cancellation or revocation of anv license bv the CiTy Counci] durine the license neriod.
F. Each license is issued to the applicant at the nremises described in the application. No
license maybe transfened to another nerson or to another location.
G. Where a license is granted to a premises where the building is under construction or
otherwise not ready for occupancv, the Ciri Clerk shall not issue the license until a
Certificate of Occupancv has been issued. The Buildine Inspection Depaztment shall
noti the City Clerk that the Certificate of Occupancy has been issued and the building is
readv for occupancv.
��8
�7if r .ii'FTiT�►6�
Section 12: Amendment. Chapter 606, Section 606.12.1, of the Fridley City Code is hereby
amended to read as follows:
60612. PATIO ENDORSEMENT
The sale of �~'�°��^�-.��=s=i�aa� alcoholic bevera�es pursuant to any of the licenses issued in
accordance with Chapters 602, 603 or 6Q6 of the Code, with the exception of a temporary
license, will be limited to the sale and consumption inside of a structure on the licensed premises,
unless the licensee applies for and receives approval from the City Council for a Patio
Endorsement to allow the sale and consumption outside of a structure on the licensed premises.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FffiDLEY THIS
DAY OF 2012.
ATTEST:
Debra A. Skogen, City Clerk
First Reading: February 6, 2012
Second Reading:
Fublication Date:
'�z39
Scott J. Lund, Mayor
Attachment 4
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
ORDINANCE NO. _
AN ORDINANCE AMENDING CITY CODE CHAPTER 508, SECTIONS 508.21,
508.21.4 AND 508.21.5, AND ENACTING CITY CODE CHAPTER 508, SECTION
508.21.S.E. RELATED TO THE SALE AND CONSUMPTION OF ALCOHOL IN CITY
PARKS AND AT THE SPRINGBROOK NATURE CENTER
THE CITY OF FRIDLEY ORDAINS AS FOLLOWS:
Section 1. Amendment. Chapter 508, Section 508.21of the Fridley City Code is hereby
amended to read as follows:
It shall be unlawful for any persons to have in their possession or to consume any �nte}�ie�rrg
�:�..�- �-' ''01- -�°''':�..^� alcoholic bevera�e in or upon any City park or bathing beach, except
as provided �° °^~a�^�°��~°',', °-a' below:
Section 2. Amendment. Chapter 508, Section 508.21.4 of the Fridley City Code is hereby
amended to read as follows:
4. Notwithstanding any laws to the conuary, upon approval of the City Council and issuance of a
temporary on-sale �te�iseH�g liquor license, as provided for in Chapters 602 and 603 of the
Fridley City Code, ��'"� °°,� �� °•��~T'�°°~ °~a °°~° a club, charitable, religious or nonprofit
�..'�':� �- ����-�r* �-:..°`° organization may sell and allow buyers to consume malt liquor and
wine �'~~� w°°~ ��a •�~~° at Commons Park and Community Pazk. Sale and consumption of
°•����'�°°- °�a .,��° malt liguor and wine at Commons Pazk and Community Pazk shall be
limited to that occutcing during, and as a part of, a community festival. Community fesrivals
shall include Fridley 49er Days and other festivals of broad community appeal and participation
as designated by the City Council.
Section 3. Amendment. Chapter 508, Section 50$.21.5. of the Fridley City Code is hereby
amended to read as follows:
5. Notwithstanding any laws to the contrary, m°„ ,:�,.�- ^- -^:�° °° a°`��°a'�° "�:°^°°�t��°
c'�~,.��° ���^,"�r malt liquor and wine may be sold and or consumed for receptions or social events
within the 5pringbrook Nature Center Interpretive Building and/or in an adjacent outdoor
designated space allowed only by °�°��°�� written a�reement with the Citv under the
following conditions
A.'� Pursuant to a temporary on-sale intoxicating liquor license, as
.:a,.a c,._ :., �w,....o_ Gn� ,.r.�.o n_:a�e�, n:... r�,.ae ., rt..�. ..�....-:...i..te ..ar,.;,..... ,.
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..,.s:.....wt:.. ,. ,,,.o ,. .....:,... .,.. �,.ti ,,..a .,tt,.... w....o....,. ,. ...�t.
1:.,..,.« ,...��,_
140
Ordinance No.
Page 2
B. T�:��= Pursuant to a temporary on-sale 3.2% malt liquor license„as
.:,7 a F ,lo« l�l.,....o.. �m ,.F.1,,. R..:,7to.. l�:... /�,..io �..1.,1, �t..u:t�l,ld �1:,.:,,.... ,.
. e e �.� ..�..6......, ...
,.F.... .l.l: ..y� ..ti,. oll ..A ..Il.. .4.,, � r.� �, 4 70% .,1♦
r _ « � « ....o„ ..,, f .ra�.�.-r�.:r.i. ...z i � ...... �
�
C. Pursuant to a temporary consumption and display permit. ^�'��� �'�°��'°'�'� -�"�'��'°
, ,
« F. ... l.l;.. .. .,.�o .. .-...ti,... ... ,.11..... ,. e..i.. 4.. .. ...,,it I.—.,.«—
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o �
D. A private party may contract with °`':'�� �� °wa'°., ° ,°'":"°"°°'' ^°•°'°' the
holder of a State caterex's nermit to provide food malt liquor and wine to their �tests for
consumption in the Sprin�brook Nature Center Interpretive Building and/or adjacent
outdoor desienated space as part of a social event. ��"�-° *'�°�- m.��'°'� �.."�"°°° �"'' �'
nih i. .{-4�.0 �4�r�rv h{�e C� ��r �L i�lnlii u Tr�fn vu2��.�
u r �lspl j11 �.�1�' �r
R..��.��r.. � Y.� r u..4�.�� ..{�..��in� e or4
E The holder of retail on-sale intoxicatinR liquor license mav dispense malt liquor and
wine off the licensed eremises at any convention. banquet, conference, meeting, or social
affair conducted on the nremises of the Snrin�brook Nature Center; however, the licensee
i�rohibited from dispensinQ malt liquor or wine to anv person attending or participating
in a vouth amateur athleuc event beinQ held on the premises. A youth amateur athletic
event, for theputposes of this section, is defined as an event whase participants aze 18
vears of age and younger.
Section 4. Effective Date. This ordinance shall be in full force and effect upon its publication as
provided by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2012.
Ir1�Il�.Yl�l
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publication:
141
Scott J. Lund, Mayor
CITY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
March 12, 2012
To: William W. Burns, City Managerg�/�Y
Fcom: Darin R. Nelson, Finance Directo�
Debra A. Skogen, City Clerk Q
Date: February 24, 2012
Re: lst Reading of an Ordinance Amending Fridley City Code Chapter 1. Legislative
Body, Pertaining to Wazd and Precinct Boundaries.
The Minnesota Supreme Court released its redistricting order on February 21, 2012, as a result of
the 2010 Federal Census. The City of Fridley was minimally affected by their plan. In 2002, the
City was redistricted into three State House Districts and two Senate Districts with the legislative
lines being drawn through precinct boundazies.. The new plan places the City within one Senate
and one House District and does not place any legislative lines through any of the precinct
boundazies.
According to Section 2.04 of the Fridley City Code, °The boundaries of the three wards shall be
redetermined from time to time by ordinances duly adopted by the Council, and based on the
findings of the Council that the wards so redetermined are such that the population of any ward
shall not deviate by more than three percent (3%) from the average of the three wards."
Citv of Fridlev 2010 Po�ulation Fieures:
2010 Total Population 27,204
Average Ward Population 9,068
Ward 1 Population 9,074 (3335%)
Ward 2 Population 9,007 (33.11%)
Wazd 3 Population 9,123 (33.54%)
At the present time, it appeazs none of the wards aze more than 3% &om the average population
of 9,068. In fact, all three of the wazds aze within 1% from the average ward population.
In 2002 Ward 2 Precinct 4 was split in half to accommodate a new Legislative District creating
Wazd 2 Precinct 5. The 2012 Redistricting will now allow Wazd 2 Precinct 4 and Precinct 5 to
be combined back into one precinct. This should create less confusion for the voters in those
precincts and allow us to use fewer election judges at that polling location.
142
Based on this information and the timeline set by the Court, the City is required to submit its
adopted redistricting changes to the County and State no later than April 4, 2012. Our Charter
requires redistricting to be completed by ordinance, but does not require a public hearing. To meet
the deadline, the first reading should be held on March 12th and the second reading should be held
on Mazch 26th.
Staff recommends a motion holding the first reading of an Ordinance Amending Fridley City Code
Chapter 1. Legislative Body, Pertaining to Ward and Precinct Boundaries.
143
ORDINANCE NO. _
AN ORDINANCE AMENDING THE FRIDLEY CITY CODE
CHAPTER 1. LEGISLATIVE BODY, PERTAINING TO WARD AND PRECINCT
BOUNDARIES
THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY FINDS AND ORDAINS, AFTER
REVIEW, EXAMINATION AND STAFF RECOMMENDATION THAT CHAPTER 1,
LEGISLATIVE BODY, OF THE FRIDLEY CITY CODE BE AMENDED AS FOLLOWS:
SECTION 1.02 WARD BOUNDARIES
Pursuant to the City of Fridley Charter, Chapter 2.03, which requires the Council to redetermine
Ward Boundaries after each decennial census of the United States, and at other times as the City
Council may determine, the Wazd and Precinct Boundaries of the City are redetermined and
hereafter are established as follows: (Ref. 987)
WARD I
1. Wazd No. 1, Precinct No. 1 is established as the area bounded as follows:
NORTH: Starting at the northern City Limits (approximately 255 feet north of the
intersection of Osbome Road and T.H. #47 Avenue} go east on the northern City Limits
to Baker Street. EAST: Using Baker Street and starting at the northern City Limits, go
south on Baker Street to 73rd Avenue, then go east on 73`d Avenue to Highway #65, then
go south on Highway #65 to Rice Creek Terrace. SOUTH: Using Rice Creek Tenace
and starting T.H. #65, go west on Rice Creek Terrace to Madison Street, then go south on
Madison Street to 7`h Street, then go south on 7�' Street to 67"' Avenue, then go west on
67�' Avenue to 4�' Street, then go north on 4`h Street to Rice Creek Tenace, then go
northwest on Rice Creek Tenace to T.H. #47. WEST: Using T.H. #47 and starting at
Rice Creek Terrace, go north on T.H. #47 to the northern City Limits (Osborne Road and
T.H. #47).
2. Ward No. 1, Precinct No. 2 is established as the azea bounded as follows:
NORTH: Using T.H. #47 and starting at Rice Creek Tenace, go southeast on Rice Creek
Terrace to 4�' Street, then go south on 4`h Street to 67�' Avenue, then go east on 67`h
Avenue to 7`h Street, then go northeast on 7�' Street to Madison Street, then go north on
Madison Stxeet to Rice Creek Tenace, then go east on Rice Creek Terrace to Highway
#65. EAST: Using T.H. #65 and starting at Rice Creek Tenace, go south on Highway
#65 to Mississippi Street, then go west on Mississippi Street to Van Buren Street, then go
south on Van Buren Street to Carol Drive, then go 5outhwest on Carol Drive to West
Moore Lake Drive. SOUTH: Using West Moore Lake Drive and starting at Cazol Drive,
go southwest on West Moore Lake Drive to 61s� Avenue, then go west on 61s` Avenue to
7�' Street, then go north on 7`h Street to Mississippi Street, then go west on Mississippi
Street to T.H. #47. WEST: Using T.H. #4'7 and starting at Mississippi Street, go north
on T.H. #47 t4 Rice Creek Tenace.
144
Ordinance No. _
3. Wazd No. 1, Precinct No. 3 is established as the area bounded as follows:
Page 4
NORTH: Using Mississippi Street and starting at the Burlington Northern Railroad
right-of-way, go east on Mississippi Street to 7`h Street. EAST: Using 7th Street and
starting at Mississippi Street, go south on 71h Street to 57ih Avenue. SOUTA: Using 57ih
Avenue and star[ing at 7�' Street, go west on 57�h Avenue to T.H. #47. WEST: Using
T.H. #47 and starting at 57th Avenue, go north on T.H. #47 to 59`h Avenue, then go west
on 59`� Avenue to Main Street, then go north on Main Street to 61 St Avenue, then go west
on 61s` Avenue to the Burlington Northern Railroad right-of-way, then go north on the
Burlington Northern Railroad right-of way to Mississippi Street.
4. Ward No. 1, Precinct No. 4 is established as the azea bounded as follows:
NORTH: Using 61s` Avenue and starting at 7`h Street, go east on 61 s� Avenue to West
Moore Lake Drive. EAST: Using West Moore Lake Drive and starting at 61'� Avenue,
go southeast on West Moore Lake Drive to T. H. #65, then go south on T.H. #65 to T. H.
#694, then go east on T.H. #694 to Matterhorn Drive, then go south on Matterhorn Drive
to the southern City Limits. SOUTH: Using the southem City Limits and starting at
Matterhorn Drive, go west on the southem City Limits to T.H. #47. WEST: Using T.H.
#47 and starting at the southern City Limits, go north on T.H. #47 to 57�' Avenue, then go
east on 57�' Avenue to 7`h Street, then go north on 7`h Street to 61 s` Avenue.
1:f1:�7._>Il
Ward No. 2, Precinct No. I is established as the area bounded as follows:
NORTH: Using the northem City Limits (Osborne Road) starting at Baker Sfreet, go east
on the northern City Limits to the eastern City Limits. EAST: Using Yhe eastern City
Limits, go south on the eastern City Limits to 69`� Avenue. SOUTH: Using 69�h Avenue
and starting at the eastern City Limits, go west on 69�' Avenue to Central Avenue, then
go south on Central Avenue to Rice Creek, then go west on Rice Creek To T.H. #65.
WEST: Using T.H. #65 and starting at Rice Creek, go north on T.H. #65 to 73`d Avenue,
then go west on 73`d Avenue to Baker Street, then go north on Baker Street to the
northern City Limits.
6. Ward No. 2 Precinct No. 2 is established as the area bounded as follows:
NORTH: Using Rice Creek and starting at T.H. #65, go east on Rice Creek to Central
Avenue, then go north on Central Avenue to 69`h Avenue, then go east on 69�h Avenue to
the eastern City Limits. EAST: Using eastern Ciry Limits and starting at 69`h Avenue, go
south on the eastern City Limits to 66`h Avenue. SOUTH: Using 66�h Avenue and
starting the eastern City Limits, go west on 66�' Avenue to Arthur Street, then go south
on Arthur Street to Mississippi Street, then go west on Mississippi Street to Central
Avenue, then go south on Central Avenue to East Moare Lake Drive, then go southwest
on East Moore Lake Drive/West Moore Lake Drive to Able Street. WEST: Using Able
145
Ordinance No.
Page 5
Street and starting at West Moore Lake Drive, go north on Able Street to Carol Drive,
then go west on Carol Drive to Van Buren Street, then go north on VanBuren Street to
Mississippi Street, then go east on Mississippi Street to T.H. #65, then go north on T.H.
#65 to Rice Creek.
Ward No. 2, Precinct No. 3 is established as the area bounded as follows:
NORTH: Using Able Street and star[ing at Carol Drive, go south on Able Street to West
Moore Lake Drive, then go east and northeast on West Moore Lake Drive/East Moore
Lake Drive to Central Avenue, then go north on Central Avenue to Mississippi Street,
then go east on Mississippi Street to Arthur Street, then go north on Arthur Street to 66th
Avenue, then go east on 66th Avenue to the eastern City Limits. EAST: Using the
eastern City Limits and starting at 66�h Avenue, go south on the eastern City Limits to
Gardena Avenue. SOUTH: Using Gazdena Avenue and starting at the eastern City
Limits, go west on Gardena Avenue to Matterhom Drive, then go south on Matterhorn
Drive to the extension of Hathaway Lane, then go west on Hathaway Lane and its
extension to Regis Drive, then go south on Regis Drive to Lynde Drive, then go west on
Lynde Drive and its extension to T.H. #65: WEST: Using T.H. #65 and starting at the
extension Lynde Drive, go north on T.H. #65 to West Moore Lake Drive, then go
northwest on West Moore Lake Drive to 61 �` Avenue, then go northeast on West Moore
Lake Drive to Carol Drive, then go northeast on Carol Drive to Able Street.
8. Wazd No. 2, Precinct No. 4 is established as the area bounded as follows:
NORTH: Using the extension of Lynde Drive and starting at T.H. #65, go east on Lynde
Drive and its extension to Regis Drive, then go north on Regis Drive to Hathaway Lane,
then go east on Hathaway Lane and its extension to Matterhorn Drive, then go north
setH� on Matterhorn Drive to Gardena Avenue ^T. T��°w���'� n�°�, then go east on
Gardena Avenue "'. T~~°'����'� T'-�-�� to the eastern City Limits .
,
,...�1. ,.« lS7 D...,,.«.1.. D..�.. t,. Tife:..a,... D,.,.,] Fl.e.. ,. «,.,rtl.,,....F .... T�i,.:..F,.« D....,1 f,. L'
�v.....�u •r..�ur � .
R..o....e« D...... tl..... .. ....fL.,.....+ ,... C L]..,......,.. D,.,... �.. :r.. ,...�..«..:,.« +,. T LS itL(lA �l.e... ..
i.a.�....... a u aa� �
v,.... ,.., -r u, u��n ... .w,. ,......o.... �:.. r:,.,:... EAST: Using the eastem City Limits and
starting at Gazdena Avenue T.�Tgo south on the eastern City Limits to the southern
City Limits. SOUTFi: Using the southern City Limits and staRing at the eastern City
Limits, go west on the southern City Limits to Matterhorn Drive. WEST: Using
Matterhom Drive and startin� at the southern City Limits, go north on Matterhorn Drive
to T.H. #694, then go west on T.H. #694 to T.H. #65, then go north on T.H. #65 to the
extension of Lynde Drive.
n��� .
. ,
- �•^ - - . . ,
_ _.. _ -.- ..,.
. . .. ..
146
Ordinance No.
Page 6
. .. .. . . _
■ .� •
� - -
WARD III
9�8. Ward No. 3, Precinct No. 1 is established as the area bounded as follows:
NORTH: Beginning at the Mississippi River and the northern city limits, then follow the
northern city limits east to the Burlington Nofthern right-of-way, then go north on the
Burlington Northern Railroad right-of-way (City Limits) to 85t� Avenue (City Limits),
then go east on 85�' Avenue (City Limits) to T.H. #47 (City Limits). EAST: Using T.H.
#47 (City Limits) and starting at 85�' Avenue go south on T.H. #47 (City Limits) to
Osborne Road. SOUTH: Using Osborne Road and starting at T.H. #47, go southwest on
Osborne Road to Burlington Northern Railroad right-of-way, then go north on the
Burlington Northern Railroad right-of-way to 79`h Way, then go west on 79th Way to the
western City Limits (Mississippi River). WEST: Using the western City Limits and
starting at 79�h Way, go north to the northem City Limits.
10-1-�, Ward No. 3, Precinct No. 2 is established as the azea bounded as follows:
NORTH: Using the western City Limits and star[ing at 79�' Way, go east on 79`h Way to
the Burlington Northern Railroad right-of-way, then go south on the Burlington Northern
Railroad right-oY-way to Osborne Road, then go northeast on Osborne Road to T.H. #47.
EAST: Using T.H. #47 and starting at Osborne Road, go south on T.H. #47 to
Mississippi Street. SOUTH: Using Mississippi Street and starting at T.H. #47, go west
on Mississippi Street to East River Road. WEST: Using East River Road and starting at
Mississippi Way, go north on East River Road to Rice Creek, then go west on Rice Creek
to the western City Limits, then go north on the western City Limits to 79th Way.
11� Wazd No. 3, Precinct No. 3 is established as the area bounded as follows:
NORTI3: Using the western City Limits and starting at Rice Creek, go east on Rice
Creek to East River Road, then go south on East River Road to Mississippi Way, then go
east on Mississippi Way to the Burlington Northern Railroad right-of-way. EAST: Using
the Burlington Northern Railroad right-of-way and starting at Mississippi Way, go south
on the Burlington Northem Railroad right-of -way to the extension of 61" Avenue, then
go east on 61s` Avenue and its extension to Main Street, then go south on Main Street to
T.H. #694. SOUTH: Using T.H. #694 and starting at Main Street, go west to the westem
City Limits. WEST: Starting at T.H. #b94 on the western City Limits, go north on the
western City Limits from T. H. #694 to Rice Creek.
12-13. Ward No. 3, Precinct No. 4 is established as the azea bounded as follows:
NORTH: LTsing the western City Limits and starting at T.H. #694, go east on T.H. #694
to Main Street, then go north on Main Street to 59th Avenue, then go east on 59th Avenue
147
Ordinance No.
Page 7
to T.H. #47. EAST: Using T.H. #47 and starting at 59`" Avenue go south on T.H. #47 to
the City Limits and continuing on to the southern City Limits. SOUTH: Using the
southern City Limits go west to the western City Limits. WEST: Using the westem City
Limits, starting at the southern City Limits, go north on the western City Limits to T.H.
#694.
1.03. WARD MAP
Ward and Precinct Boundaries aze further herein established and delineated as shown on the map
hereof. Attached hereto is Exhibit "A" and made a part hereof by reference; and whenever and
wherever a conflict shall appear between the boundaries as noted and provided on said map and
the lines noted and described in Section 1.02, then the boundaries as noted in said map shall
prevail.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 2012.
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading:
Second Reading:
Publication:
�3
SCOTT J. LUND — MAYOR
CfiY OF
FftIDLEY
AGENDAITEM
CITY COUNCIL MEETING OF MARCH 12, 2012
TO: William W. Burns, City Manager ���
FROM: James P. Kosluchar, Public Works Director
Layne R. Otteson, Assistant Public Works Director �
DATE: February 7, 2012
PW 12-023
SUBJECT: Jackson Street Improvement Project No. 413 - Resolution Directing Preparation of
Final Plans and Ordering Advertisement for Bids
The attached resolution directs preparation of finaf plans and specifications and authorizes the
advertisement for bids for the Jackson Street Improvement Project No. 413. This project proposes
installation of storm sewer pipe on each side of Jackson Street and service leads for the property
owners to connect sump pump discharges.
This matter had been discussed on other previous occasions over the past 15 years, but had
never been initiated due to lack of support for cost participation by residents. Recently a request
for the City to provide a solution to sump pump discharge problem was initiated by adjacent
property owners.
On December 14, 2011, staff held an open house to discuss the need and options for providing a
storm sewer on the 7300 and 7400 blocks of Jackson Street for connection of sump pump
discharge lines. Twenty-two property owners were notified of the meeting by mail, and owners of
eight properties attended. Also in attendance were three City Council members. Staff gave a
presentation of the issues and possible solution by constructing a storm sewer that could service
the properties. These were presented as concepts, and it was noted that feasibility and preliminary
design processes would have to take place if there was continued interest in the project. All
attendees expressed support to correct the problem.
On January 9, 2012, the City was petitioned to consider storm sewer improvements and street
improvements. A majority of the properties owners requested the City to explore options to
eliminate the surface discharge from basement sump pumps and repair the pavement surface.
The petitions were signed by 15 of 20 property owners between Memory La�e and 73rd Avenue.
In response to the petitions, on January 23, 2012, the City Council authorized staff to initiate a
project and prepare a feasibility report regarding the work
On February 6, 2012, the City Council received the Feasibility Report and ordered a Public
Hearing on March 12, 2012. Storm sewer and street improvements were considered in the
feasibility report but street improvements were removed from 2012 consideration in favor of being
considered part of the 2013 Street Rehabilitation Project.
150
The project cost is estimated to be $59,840. The project costs will be shared by the City and the
22 benefitting properties. The benefitting properties shall be specially assessed $1,360 per property
for the proposed storm water improvements. The storm water improvements are not included in
the City of Fridley's CIP budget, but can be accommodated by the storm water utility CIP fund in
2012 by adjustment. The storm water improvemenis are necessary and cost-effective and witl
result in reduced maintenance requirements within the project area and a long-term savings to the
City of Fridley.
A Public Hearing on special assessments for this project is scheduled for the March 12, 2012, at
the City Council meeting.
Staff recommends that after the public hearing, the City Council adopt the attached resolution to
prepare final plans and specitications and order advertisement of bids for the work.
JPK:Iro
Attachment
151
RESOLUTION NO. 2012 -
A RESOLUTION ORDERING JACKSON STREET IMROVEMENT PROJECT NO. 413,
AUTHORIZING PREPARATION OF FINAL PLANS AND SPECIFICATIONS,
AUTHORIZING THE ADVERTISEMENT FOR BIDS, AND
AUTHORIZING PREPARATION OF PRELIMINARY PROPOSED ASSESSMENT ROLL FOR
PF.NDING ASSESSMENT REPORTING PURP05ES
WHEREAS, CiN staffheld an open house to discuss this issue on December 14, 2001, and residents attending
the open house indicated that they also want to incorparate resurfacing of the street in addition to the storm
sewer improvements above; and
WHEREAS, the Ciry Council was presented on January 9, 2012 with petitions for street and storm sewer
improvements signed by a majority of the affected owners; and
WHEREAS, on January 23, 2012, the City Council passed Resolution 2012-06 calling for the Ciry's
Public Works Engineering Division to prepare a feasibility study and prepare preliminary plans and
specifications JACKSON S"1'REET IMPROVEMEN"r PROJECT NO. 413; and
WHEREAS, on February 6, 2012, the City Counci] passed Resolution No. 2012-11 which received the
feasibility study recommendations of the Public Works Director prepared pursuant to Minn. Stat. §
429.031, Subd. 1(b); and called for a public improvement hearing on the matter of the construction of
eertain impxovements listed in the feasibility study concerning JACKSON STREET IMPROVEMENT
PROJECT NO. 413 to be noticed pursuant to Minn. Stat § 429.021, Subd. 1(a); and
WHEREAS, the feasibiliry study concluded that storm sewer improvements are necessary, cost-effective, and
feasible to construct in 2412 attd street and curb and gutter rehabilitation are not necessary, cost-effeclive, and
feasible to construct in 2012; and
WHEREAS, the City noticed a public hearing on JACKSON STREET IMPROVEMENT PROJECT
NO. 413 for March 12, 2012. A Notice of Public Hearing was published by the City's ofticial newspaper
on February 23, 2�12 and March ], 2012 and was mailed to affected property owners on or about
Febivary 22, 2012, pursuant to Minn. Stat. § 4?9.031, Subd. 1(a); and
WHEREAS, the public hearing regarding said improvements was held thereon on March 1 Z, 2012 at
which all persons desiring to be heard were given an oppottuniry to be heard thereon; and
WHEREAS, JACKSON STREET IMPROVEMENT PROJECT NO. 413 was initiated by a petition that
had been signed by the required percentage of owners of property affected thereby; and therefore this
Resofution ordering JACKSON STREET IMPROVEMENT PROJECT NO. 413 must be adopted by a
majority vote of all members of the Council pursusnt to §424.031, Subd. 1( fl;
NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL QF THE CITY OF
FKIDLEY, MINNESOTA:
1. JACKSON STRF,ET IMPROVEMENT PROJECT NO. 413 is necessary, cost-effective,
and feasible as detailed in the feasibilit��rt.
2. That the improvements and design features proposed in the feasibility report for
JACKSON STREET IMPROVEMENT PROJECT NO. al3 are hereby ordered to be
effected and completed as soon as reasonably possible, to-wit:
Storm sewer extension for connection of sump pump services and associated
restoration work on the following segment:
Jackson Street 73rd Avenue to Concerto Curve
3. That the work be incorporated in the JACKSON STRF.ET IMPROVEMENT PROJECT
NO. 413.
4. That JACKSON STREET IMPROVEMENT PROJECT NO. 413 is hereby ordered by
this Resolution in conformance with Minnesota Statutes, Chapter 429.
5. That the work be performed under this project may be performed under one or more
contracts as may be deemed advisable upon receipt of bids.
6. That the Director of Public Works, James P. Kosluchar, is hereby designated as the
engineer for Ihis improvement. He shall oversee the preparation of plans, specitications
and estimates of costs thereof for making of sueh improvements.
7. That final plans, specifications, and estimates in substantia] conformance with the design
features desired and approved by the City Council at the February 13, 2012 public hearing
are prepared by the Public Works Departme�t and provided to the City Counci] as they are
completed.
8. That the Yublic Works Department is hereby authorized to call and advertise for bids in
ordex that project award and construction can be considered.
9. 7'hat the construction contract shall be let/awarded no later than two years after the
adoption of this Resolution pursuant to Minn. Stat. §429.041.
] 0. That the Ciry staff and City Public Works Department are hereby authorized to prepare a
"preliminary" proposed assessment roll for all affected properties. Said "preliminary"
proposed assessment roll shall be used for pending assessment reporting purposes.
YASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12th DAY
OF MARCH 2O12.
SCOTT J. LUND — MAYOR
ATTEST:
DBBRA A. SKOGEN - CITY CLERK 7 53
'•
f
QiY OF
FRIDLEY
TO:
FROM:
DATE
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 12, 2012
William W. Burns, City Manager �f
James P. Kosluchar, Public Works Director
March 8, 2012
PW12-028
SUBJECT: Annual National Pollutant Discharge Elimination System (NPDES) Review of
Fridley's Stormwater Pollution Prevention Plan (SWPPP) for 2011.
In conformance with the City of Fridley's Stormwater Pollution Prevention Plan (SWPPP) to
conform to its National Pollutant Discharge Elimination System (NPDES) requirements, the City as
a Municipal Separate Storm Sewer System (MS4) is required to hold an annual meeting reviewing
its SWPPP activities for the previous year.
The meeting is intended to provide the public with information on the City of Fridley's SWPPP. A
presentation will be made summarizing SWPPP activities for 2011. This item can be moved in the
agenda sequence as necessary to accommodate public attendance related to this item and other
items.
JPK/jpk
154
CRY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 12, 2012
lNFORMAL STATUS REPORTS
155