03/26/2012 - 7249'
CIfY OF
FRIDLEY
FRIDLEY CITY COUNGIL MEETING
OF MARCH 26, 2012
7:30 p.m. — City Council Chambers
Altendan.ce Sheet
Please �rint name address and item number vou are interested in.
Print Name (Cleariy) ' Address Item No.
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3/22/12
H. City of Fridley Council
City of Fridiey
6431 University Avenue NE
Fridley MN 55432
Ref: Beech St NE Floods
We the residents and owners of property in Beech St NE would like to address to
you our concems of over 20 years of flooding in our street.
Since 1991 we have had flooding in our street that have caused significant monetary
and productivity lasses in our businesses. We have experienced flooding with more
that 24" of standing water in our shops. The water in the street is knee high in those
times, and even if the wa#er recedes a li�le the traffic of large trucks brings waves of
water right into our o�ces.
We have addressed the Council members and their mayor, Mr. Scott Lund, ever
since. We were po(itely heard by the mayor, but nothing was done. Always he was
gaing to refer the problem to Public Works and they were supposed to get back to us,
which they never did.
Was not until the arrival of Mr. James Kosluchar, now t�e Public Works Director, that
we were not only heard, but recognized that back in 1991 a valve was installed at the
time that new developments were approved in 78� St NE, and that that valve was
just partially open causing al} the ffooding that we suffered.
Thanks to the continued complains in council meetings, and the help of the H.
Council Woman, Ms. Ann Bolkcom, who graciously came to our businesses to see
and evaluate the problem, the valve was open. This vaive opening gave us 3 years
of reprive..un61 last year in vfiich we had two 800d'sng oniy one month apart., both
caused because the valve was closed again, even if weather warnings were in place.
The data is there on the flooding events, and rea(ly does not matter i# it is too much
rain, or too little...stilf our street floods and our shops and home are destroyed. We
can call it faulty d�sign of the storm system, or negligence in closing the valve in
raining season, the fact is that we are still suffering the effects af the fl�ding.
What we want, is the H. City Council to feel our personal, emotional, and economic
pain.
What we want, is the H. City Council to feel the impact that these events cause on
our businesses, when we cannot de{iver on time because we have been a month
long vacuuming water out of our shops, moving fumiture around, drying carpets,
repairing equipment damaged, etc..
We want the H. City Council to see and unde�stand that behind those materiai losses,
there are human lives being hurt.
We have seen our taxes soar in the last five years, and to that we do not have a say
and we pay. Now we want the City, the County or the State to come and do what is
necessary to fix this problem.
Respectfuliy,
�
Bert Martinez
7786 Beech ST NE
763-571-6200
Art Kallenbach
7400 Beech St NE
763-786-3000
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Joe Ritchie/Scott Hansen
7779 Beech St NE
763-572-9511
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Mark Hovelsrud
7600 Beech St NE
763-572-2040
Klaus Hinrichsen
7795 Beech St NE
763-571-1802
Timan iverson
7833 Hickory St NE
763-586-9590
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OFFICIAL CITY COUNCIL AGENDA
CITY COUNCIL MEETING
MARCH 26, 2012
a
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� CITY COUNCIL MEETING OF MARCH 26, 2012
• CfTY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
paRicipate 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. (TTD1572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION: 2011 City Engineers Association of Minnesota (CEAM}
Project of the Year Award for the North Innsbruck
Water Main Rehabilitation Project
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of March 12, 2012
OLD BUSINESS:
1. Second Reading of an Ordinance Amending the
. Fridley City Code, Chapter 1, Legislative Body,
Pertaining to Ward and Precinct Boundaries ...........................:......................... 1- 8
NEW BUSINESS:
2. Resolution Entering into an Agreement with the
Minnesota Department of Transportation for
, Preliminary Engineering for Safe Routes to
School Project No. ST2011-21 and MnDOT
AgencyAgreement No. 00516 ........................................................................... 9- 20
FRIDLEY CITY COUNCIL MEETING OF MARCH 26. 2U12 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDI:
3. Resolution Authorizing App{ication for DNR
Local Trail Connection Grant Funds for Unity
Hospital Health Walk to Rice Creek Regional
Trail.................................................................................................................. 21 - 24
4. Approve Master Services Agreement between the
City of Fridley and Network Medics, Inc . ............................................................ 25 - 36
5. Approve 2012 Reappointments to City '
Commissions.................................................................................................... 37 - 38
5. Appointment — Appraiser ................................................................................... 39
6. Claims {154389 — 154526) ............................................................................... 40 - 51
7. Licenses ....................................................................................:................. 52 - 55
ADOPTION OF AGENDA:
OPEN FORUM. VISITORS: Consideration of items not on Agenda — 15 minutes.
NEW BUSINESS:
8. Resolution Approving Adoption of the East River �
Road Corridor Study as Prepared by Kimley-Horn
andAssociates, Inc . ........................................................................................... 56 - 57
9. Informal Status Report ....................................................................................... 58 ;
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ADJOURN.
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MINUTES OF THE
FRIDLEY CITY COUNCIL MEETING
OF MARCH 12, 2012
CITY COUNCIL MEETING
CITY OF FRIDLEY
MARCH 12, 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 $amette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Bums, City Manager
Dazcy Erickson, City Attorney
James Kosluchar, Public Works Director
Darin Nelson, Finance Director
Debra A. Skogen, City Clerk
Eve Frank, Meals on Wheels
Connie Thompson, Senior Center Coordinator
PROCLAMATIQN:
Meals on Wheels Day — March 21, 2012
Eve Frank, Meals on Wheels, stated they started delivery on June 3Q 1973, with 24 clients. She
believed the first year they delivered about 400 meals. They now have approximately 152 clienis
and, in 2011, delivered 35,408 meals. Many churches and organizations in Fridley have been
with them from the very beginning.
PRESENTATION:
Fridley Seniors Program — Encore Program
Connie Thompson, Senior Center Coordinator, spoke about the "Encore Program." This is a
program that is sepazate from the senior program. She said the Fridley senior program is a really
vital program and offers a lot of great things; but it is a traditional senior program. She said they
need to look at a way to mazket and tazget the new generation, being the 50-70 year olds coming
into the Pridley senior program. They want to give it a fresh new look. That is how "Encore"
came to be. They started looking at having a program that would meet in the early evening and
also paRnered with ISD #14.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 2
Ms. Thompson stated this program is geared towards 50-70 yeazs old, but does not mean that a
70-year old cannot participate if they are more active and want to be involved. The attendance
has been around 25-30 at each one of the sessions. For one evening program, Siah St. Clair •
spoke on how to arrange a travel adventure instead of using a travel agency.
Ms. Thompson stated typically Encore programs cost between $12 and $20. They try and keep
the fees low so individuals and couples can participate. It basically covers the City's cost, and
they are hoping a fundraiser will give them a little bit more and they can then have some more
expensive speakers come in.
Ms. Thompson stated they also have some small groups who meet outside their monthly
activities. They do things like walking, biking, kayaking, digital photography, eta The whole
premise of Encore is to be a tool to foster a positive transition into retirement. It also hopes to "
help people explore the possibilities of new friendships along the way.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 6, 2012
Councilmember Saefke noted on page 9, the motion is repeated.
Councilmember Varichak noted on page 3, under Item 6, first line, should read
`...sewer lining projects in five azeas. ..." On page 11, paragraph 6, line, 2, strike "it *
section."
City Council Meeting of February 13, 2012
Councilmember Saetke noted on page 23, he believed in the second motion, the address
should be 260 — 57`h Avenue, and not 260 — 62nd Avenue.
Councilmember Varichak noted on page 22, pazagraph 14, it should read "doin
maintenance."
Councilmember Varichak also noted on tonight's Consent Agenda outline, page l, fourth line _
from the bottom, the word "feed" should be replaced with "fed."
APPROVED.
NEW BUSINESS:
1. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement
for Bids: 2012 Water Main Project No. 404.
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FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 3
G
William Burns, City Manager, stated the project includes replacement of 2,500 feet of water
• main on 83`d Avenue and looping segments on Fireside Drive and Anoka Street. The cost for
this work is estimated at $385,000. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2012-19.
2. Approve a License Agreement Between the City of Fridley and the County of Anoka
for Use of Digital Ortho and Oblique Aeria] Photographs.
William Burns, City Manager, stated Fridley, along with other Anoka County cities, works with
the County to contract for high-resolution aerial photographs. The County requires each
' participating city to approve a licensing agreement which outlines the terms of the data use.
Staff recommends CounciPs approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
3. Resolution Entering Into a Joinf 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. �
William Burns, City Manager, stated this resolution approves a joint powers agreement with the
BCA which, in turn, gives the City Prosecutor, Carl Newquist, access to the BCA data system.
' Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Approve a Joint Powers Agreement Establishing the Regional All-Hazards Incident
Management Organization.
William Burns, City Manager, stated the agreement will enable Fridley to participate in the
State's 135-member All-Hazards Incident Management team. Typically these teams are
deployed a couple of times a year to address national disasters, transportation accidents, and
public events. Members of the team also train quarterly.
' Dr. Burns stated Fire Chief John Berg, he will be Fridley's assigned team member. The only
Fridley contribution to the team will be his time away from the City. As a member of the team,
Fridley will have access to other team members and equipment shall it suffer national disasters
or transportation accidents that are beyond local control. Staff recommends Council's approval.
APPROVED.
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FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 4
5. Receive Bids and Award 2U12 Cooperative Street Maintenance Contract, Project
No. ST2012-10.
William Burns, City Manager, said Fridley jointly contracts for select street maintenance
services through a joint powers agreement with Coon Rapids and six other cities. Typically they
do sealcoating, street sweeping, and street striping through this process. This yeaz's low bid for
sealcoating after this joint powers agreement was by Allied Blacktop in the amount of
$151,188.96. The low bid for the street sweeping was $16,380 by Pearson Brothers. Finally, the
low bid for the striping was $4,995.20 by AAA Striping. Staff recommends CounciPs approval.
RECEIVED BIDS AND AWARDED CONTRACTS TO ALLIED BLACKTOP IN THE
AMOUNT OF $151,188.96 FOR SEALCOATING; PEARSON BROTHERS IN THE
AMOUNT OF $16,380 FOR STREET SWEEPING; AND AAA STRIPING IN THE
AMOUNT OF $4,995.20 FOR STRIPING.
6. Approve a Supplemental Authorization and Payment to the City of Golden Valley
for Project No. 397, North Innsbruck Water Main Structural Lining.
William Burns, City Manager, stated last year, the City cooperatively bid the water main lining
projects with the City of Golden Valley and Hutchinsoa While the project was a huge success,
the City did incur $9,163.81 in additional costs for Class V backfilling materials. Therefore,
staff recommends Council approve a supplemental payment of this amount to the City of Golden
Valley, the administrator for this contract with Fer-Pal Construction of Taylor, Michigan. -
APPROVED.
7. Claims (154082 —154358)
Councilmember Bolkcom noted on page 46, the reference to winter outerwaze should be
"outerweaz." Also, on page 58, the reference to dead dear should be dead "deer."
APPROVED.
8. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
8A. Receive Bids and Award Contract for 2012 Miscellaneous Concrete Repair Project
No. 417.
William Burns, City Manager, stated the low bidder for this year's miscellaneous concrete
repair work was Ron Kassa Construction of Elko, Minnesota, in the amount of $40,620. Staff
recommends Council's approval.
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12 2012 PAGE 5
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Bolkcom to add Item No. 8A to the proposed consent agenda.
Seconded by Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom requested the removal of Item Nos. 2 and 3.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
� removal of Item Nos. 2 and 3 and addition of Item No. 8A. 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 approve the agenda with the addition of Item Nos. 2
and 3. Seconded by Councilmember Saefke.
- UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
� OPEN FORUM:
Michael Corbett, 1601 Rice Creed Road NE, stated he has noticed a very lazge increase of deer
population in his yard. He believed it was from some of the construction going on with White
Pines. They have lived there for nine yeazs and never noticed a big problem with deer. Within
the last few months, in the middle of the night, they have noticed as many as 5 to 7 deer in their
backyazd.
Mayor Lund stated the Ciry does not manage the deer. That is a DNR issue.
Dr. Burns stated if you have a particular issue with wildlife and you want to deal with it as an
individual, contact Siah St. Clair at the Springbrook Nature Center. He is outstanding and can
give him advice.
PUBLIC HEARING:
9. Preliminary Assessment Hearing for Jackson Street Storm Sewer Improvement
Project No. 413.
MOTION by Councilmember Bamette to waive the reading of the public hearing notice and
' open the public hearing. Seconded by Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 6
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED
AT 8:02.
James Kosluchar, Public Works Director, stated there is sump pump dischazge along the 7300
and 7400 blocks of Jackson creating problems in the street, including a hazard with icing all the
way down the street. Road maintenance also increases. Because of requests from residents, an
open house was held in December to determine the interest for such a project. There was a lot of
support from the neighborhood. The City Council received a petition on January 9, 2012,
requesting improvements to the street and storm sewer.
Mr. Kosluchar stated on January 23, Councii passed a resolution ordering preparation of a
preliminary report and preliminazy plans and specifications. The report indicated the siorm `
water improvements were feasible to construct in 2012. They also determined the street
improvements were not feasible this yeaz because of the construction schedule. The stormwater .
project will be subject to Minn. Ch. 429 (Special Assessment for Benefiting Properties). On
Februazy 6, the City Council passed a resolution setting this public hearing.
Mr. Kosluchar stated the project is along Jackson Street from 73rd to 75`h Avenues. They are
considering storm sewer improvements. Staff mailed a heazing notice on January 22, 2012, to 22
properties identified as receiving special benefit. They also had advertisements oF the hearing in
the official newspaper on Februazy 23 and March 1, 20] 2.
Mr. Kosluchar stated the project goals are to install a pipe that is available to the adjacent
properties for their use, and they also want to construct the most cost-effective option. They
have also conceived combining the work with another utility project to get best pricing. They '
will provide a short service stub to each property and construct it in a way that minimizes surface
impact.
Mr. Kosluchar stated their selected construction method is horizontal, directional drill, also
known as "boring." They would i�stall a 6 or 8-inch plastic pipe in both boulevards. He
believed 6 inches is what they selected to handle the needs and it would be three to four feet
below ground and about four feet behind the curb. This would minimize the surface distwbance
to the driveways, landscaping, trees, etc., in the boulevazd. The machine to construct this is on
top of the ground and basically bores a hole along the length of the project. Afrer this is done
they would have a 4-foot x 4-foot hole on each property to install the service "Y." There would ,
be a connection of the dril] pipe to the storm sewer at 73rd Avenue. They would take care of the
landscaping at the connection site on 73rd Avenue, but irrigaYion at the service site wouJd be the
responsibility of the property owner.
Mr. Kosluchar stated the homeowner can construct a service from their house. They
recommend and would want to permit those with an air gap in case the pipe ever iced up so that
there would not be backflow into the home.
Mr. Kosluchar stated they will coordinate service locations with each of the 22 owners. They
aze expecting that some wil] not have a service connection. They also intend to solicit an
FRIDLEY CITY COUNCIL MEETING OF MARCH 12 2012 PAGE 7
altemate bid item from the contractor for service installations. The property owners would be
' free to have the installations performed by the City contractor or negotiate a price with a
contractor of their choosing.
Mr. Kosluchar stated as far as communications, they would have a kick-off letter in May. They
would provide a schedule, contact information, provide general information to the owner. There
would also be direct coordination on a day-to-day basis during the project which they are
expecting to be done during the summer. It would not be scheduled for a specific timeframe in
order to get the best pricing. Tha owners can use the City's contact information if they have
special access needs such as a graduation party, etc., and do not want construction interfering
with that. Residents can also e-mail or call staff to discuss questions or concems. All that
information will be provided in the letter. _
� Mr. Kosluchar stated during construction, the City would inspect, and afrer construction, accept
the construction. The City would maintain the main line. Each individual property owner would
maintai� their connection and service line similaz to a sanitary sewer system or water system
service. A resident can connect at any time to the stub. They would need to get a permit at the
front desk at City Hall.
Mr. Kosluchar stated pavement and curb rehabilitation would be in the future, and they are
looking at the possibility of inclusion in the 2013 street rehabilitation project. It should not
: disturb the work being proposed in 2012.
Mr. Kosluchar stated regarding summary of project costs, $59,840 is the latest estimated cost
� for the project. This is a little bit higher than costs presented at the open house. The proposed
funding sources would be half from the storm water utility fund and half from resident
contribution which works out to about $1,360 for each property.
Mr. Kosluchar stated as to repayment of the assessment, this is typical and similar to a street
project. Payments would be on a 10-year term. Property owners can pay back the assessment
within 30 days of construction; it can be added to the property taxes and, if not, there is an
approximate interest rate of 5.25 percent. Also, senior citizens can qualify for deferment based
on income, eta There is no penalty if a property owner pays off their assessment early. This will
occur after the project is complete. There will be another hearing to establish and set the
assessment.
Mr. Kosluchar siated there is a resolution on tonight's agenda directing staff to finalize plans
' and authorizing the advertisement for bids. If approved, the project would be advertised for bid
with the letting date in April and, if approved, they will likely combine this with the City of
Fridley Water Main Rehabilitation Project No. 404 with similar construction.
Councilmember Bolkcom asked Mr. Kosluchaz whether he had made any contact with the
property owners who did not sign the petition.
Mr. Kosluchar said all the property owners were notified by mail of this hearing and the project.
Some of the owners actuaUy have rental property, and staff is unable to contact them on-site.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 _ PAGE 8
Councilmember Bolkcom asked if he knew who they were.
Mr. Kosluchar replied, he did know based on the petition presented. Over two-thirds of the
people who signed the petition were the owners. There also were a couple of residents who were
non-owners who signed the petition. He could not recall their specific properties. He does know
they notified all 22 property owners of tonight's hearing.
Kevin Boh1,��Memory Lane, stated he lives on the very corner of Memory and Jackson. He
asked what happens if he makes payments for the assessment and wants to sell his house and
move in a few years.
pron� ;r
Darcy Erickson, City Attomey, stated you may €tnisk the year of closing paying those special
assessments and anything going forward may sometimes be picked up by the purchaser. It is an
item for negotiation%�ry�}{,eh �.� �j�j(. '
Mr. Bohi asked what the approximate cost of the connection and permit fee would be.
Mr. Kosluchar replied, in this case, because is the properties are subject to a special assessment,
they would not have a connection fee associated with this system.
Mayor Lund stated with respect to the property owner using the City's contractor or their own
to connect, the City is not going to be the go-between on that.
Mr. Kosluchar replied, yes, staff envisions there will be a guaranteed price for all the
homeowners from the City's contractor. tt is not the basis of the award because the City's �
contract is really about the mains getting installed, Basically, if the contractor desires to do the
work, he is going to give the City a decent price, and it would be available to the owners;
however, it would be camed out through individual contracts to the owners, separate from the
City. As faz as the permit fee, he believed it is $45.
Councilmember Bolkcom asked if something goes wrong with the connection, that is between
the homeowner and the contractor.
Mr. Kosluchar replied, correct. The City will also be inspecting the connection because of the
permit that is issued, and hopefully, that will alleviate these type of issues. -
Mr. Bohl asked if the City would be enforcing the connection of this because this project has no
bearing if people do not connect.
Mr. Kosluchar replied, basically there are discharges that violate the City ordinanceCwhich only
permits discharge outside of the City right-of-wa}� If someone wished not to connect, they
�Q���basically would have to cut [�their discharge pipe at least 1 � feet back from the back of curb.
'tt-�w�1 be in their yard hopefully infiltrating. In addition, the City does have a nuisance
ordi�ance..t�at'�f there is some discharge creating icing conditions on the roadway, it is
considered a nuisance and the property owner has to deal with it. These are requirements the
s
FRIDLEY CTTY COUNCIL MEETING OF MARCH 12 2012 PAGE 9
property owners would have to deal with.
Councilmember Saefke stated the reason why the enforcement has not been real severe on that
particular block is the City realizes and recognizes the fact that because of the groundwater, there
is no other place for the dischazges to currently go.
Donald Sivanich, 7400 Jackson Street NE, stated he does not have a sump pump, he did not
receive a letter, and he did not sign any petition. He asked whether he is in this project.
Mayor Lund reglied he is not.
Charles Smith, 7301 Jackson Street NE, asked Mr. Kosluchaz whether the directional drilling is
like a ditch witch. It goes in from one or two places and goes flat under the ground all the way.
Mr. Kosluchar replied that is conect.
Mr. Smith asked if the approximate assessed amount, $1,360, was based on front footage.
Mr. Kosluchar replied no, that is a flat charge per resident.
Mr. Smith regarding the paving of the street, which sounds like it will be included in next year's
: general street improvements, how is that assessed?
Mr. Kosluchar replied it is very similaz. There is a 10-year pay period on resurfacing for major
� street rehabilitation. The projected assessment on this year's project was $1,960.
Mr. 5mith asked and a certain amount of that project would also be split into similar payments
such as this one.
Mr. Kosluchar reptied that is correct. The actual assessment calculation came out to $1,960, so
it is a little more expensive.
Councilmember Bolkcom asked why the street work was not being done until next year.
Mr. Kosluchar replied there may be some soil settlement with less groundwater. They are
going to be very cazeful with the subsurface. Even with trying to do a project next year, they
will have to do a number of borings to see what is going on. Another reason is the schedule.
' They aze already on track for bidding the street project. They like to get those bids in early in
order to get the best pricing. Inclusion of this work would have pushed it back at least a month.
Also, the benefiting areas are different. With respect to the storm piping on each side of the
street, one extends a little bit further than the other. The street probably has to be done a little bit
further so it involved more people and if they were resistant to the entire project, it may stop the
stormwater project.
Wendy Hanson, 7341 Jackson Street NE, said she has an irrigation system and was wondering
what would, because it goes out to the street.
.
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FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 10
Mayor Lund stated the property owner will be responsible for the irrigation.
Ms. Hanson asked if there is anything that needs to be done prior to the digging.
Mr. Kosluchar replied when she gets notice, they will probably request they mark where the
sprinkler system piping is so they can try and avoid it. The pipe will be down three to four feet
which will probably be under most irrigation systems.
Ms. Hanson asked if they will dig undemeath the driveway.
Mr. Kosluchar replied it is actually a boring. They will not see a hole. It will basically be the
machine will be on one end of the project and it wil] drive the pipe.
Councilmember Saetke stated there will not be any voids with this particular process because, •
as Mr. Kosluchaz indicated, there aze no trenches or borings. They will not have to worry about
any settlement.
Todd Zimba, 7350 Jackson Street NE, said he wanted to thank the City and staff for working on
a solution to this issue. He stated that he supports the project. He believes it will improve the
values of the properties on Jackson Street in the project azea.
MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 8:28.
NEW BUSTNESS:
10. Resolution Approving the Joint Powers Agreement for the Mississippi Watershed
Management Organization.
James Kosluchar, Public Works Director, stated in 2011, Fridley, along with five other cities,
voted to dissolve the Six Cities Watershed Management Organization. Considering
recommendations from staff at that time, the City Council approved a resolution in February,
2011, that the azea of Fridley south of the Rice Creek Watershed District be moved into the
Mississippi Watershed Management Organization (MWMO), and the area north of Rice Geek '
Watershed District be moved into the Coon Creek Watershed District (CCWD).
Mr. Kosluchar stated in December, 2011, the north portion of Fridley became part of the
CCWD after petition from the cities of Blaine, Coon Rapids, Fridley, and Spring Lake Park.
Changing the way the watershed organizations operate resulted in increased financial obligations
for the operations of the Six Cities WMO, and its related projects. The City has been drafting a _
plan to comply with the required higher levels of requirements but realized it needed substantial
,
FRIDLEY CITY COUNCIL MEETING OF MARCH 12 2012 PAGE 11
fixnding to operate at that level. The Six Cities WMO would have to provide some kind of
' staffing in order to accomplish the goals they needed to accomplish, and the administration of the
Six Cities WMO would require a lazge amount of reorganization, hindering or taking time to
effect those changes. In addition, the Six Cities WMO did not have legislative authority to levy
to provide funding for operating, and it was determined that obtaining this legislative authority
was not feasible.
Mr. Kosluchar stated factors the City Council considered when requesting membership status in
the MWMO included: similarity of geography in the southem portion of Fridley to that of the
existing MWMO area that was lazgely developed, the non-regulatory nature of the MWMO
where projects are permitted by the City while meeting the requirements of MWMO, the staff
� that MWMO has in place for required programs, and the operating modei where their capital
projects are, supported particulazly in the development phase.
Mr. Kosluchar stated in order for the southern portion of Fridley to become part of the MWMO,
the agreement guiding the MWMO requires amendment and approval of all members including
the existing cities and the proposed new members of Columbia Heights, Fridley, arid Hilltop.
Mr. Kosluchar stated on October 24, staff discussed a draft of the agreement with the City
Council, and it was reviewed by the City Attorney. City staff provided the MWMO with a
number of requested revisions and clarifications. The agreement is presented for CounciPs
_ approval. All the comments they provided were addressed with the sole exception of providing
an opt-out clause in the agreement. While the MWMO has been accommodating on all the
City's other comments, they do believe the inclusion of this clause would limit the long-tetm
� commitment of its membership.
Mr. Kosluchar stated upon approval of all member cities, the City of Fridley would appoint a
commissioner, and alternate, to serve on the seven-member MWMO Board of Commissioners
which is now five members. The City of Columbia Heights and Hilltop would shaze an
additional new member. The MWMO advised their plan includes changes for the inclusion oF
these new areas in Columbia Heights, Fridley, and Hilltop. Fridley will then be required within
two yeazs after that plan approva] to update its surface water management plan to conform to the
updated MWMO plan.
y Mr. Kosluchar stated the existing MWMO area is almost 90 perce�t in Minneapolis.
Lauderdale, Minneapolis Parks and Recreation Board, St. Anthony Village, and City of St. Paul
have small azeas as well. The new makeup would include Fridley at about 9 percent of the new
' MWMO azea, and would increase the MWNS azea by almost 20 percent.
Mr. Kosluchar stated staff believes that entering into this MWMO will provide at a Ievel of
service, opportunity, and improvements the Six Cities WMO was unable to provide in managing
watec quality and quantity issues. Also, the MWMO has staff and resources available to them to
help the City with capital projects and improve access to outside funding.
� Mr. Kosluchar stated staff recommends Council's approval. He also included the MWMO
Bylaws in the Council packet. The Bylaws are not something the Council will be approving
FRIDLEY CITY COUNCIL MEETING OF MARCH 12 2012 PAGE 12
tonight but they aze provided for Council's information.
Councilmember Barnette asked what people would see on their tax statement for the City to
join this organization.
Mr. Kosluchar replied they did some calculations, and the average Fridley home was in the
neighborhood of $42 to $45 per year.
Councilmember Bolkcom asked whether there is opt-out clause in the Coon Creek agreement.
Mr. Kosluchar replied there is no agreement that establishes Fridley as a part of the Coon Creek
Watershed District. The City is a member of Coon Creek. There is no real opt-out. The City can
petition BWSR (Board of Water and 5oil Resources) if it chooses to leave the Coon Creek
Watershed District, but it is really up to BWSR at that point.
Councilmember Bolkcom asked if the City's commissioner could be someone who does not
have technical expertise.
Doug Snyder, Executive Director of MWMO, stated most of their cities' appointed members
aze from their City Councils. From the City of St. Anthony it happens to be Mayor Faust, for
Minneapolis it is always a councilmember who has a ward along the river. From their
perspective they would prefer to stay with that mode, but St. Paul has now opted to appoint
somebody from an environmental committee of the neighborhood that is in the watershed. It is
the St. Paul council who determines that, not the MWMO.
Councilmember Botkcom asked when the meetings were normally held.
Mr. Snyder stated right now their meetings are held the second Tuesday of odd-numbered
months from 2:30 p.m. to 430 p.m, established in the MWMO Bylaws. One of the reasons
Council is not ]ooking at the bylaws tonight is that once the new Board is convened, they will be
looking at the schedule.
Councilmember Bolkcom asked Mr. Snyder to expand on the citizen member vs. the technical
member.
Mr. Snyder replied their citizens' advisory committee serves at the request of the Board, so they _
get assigned topics as they come up. They aze not a standing committee. The one thing they are
working on now is a"Stewardship Fund" which is a grant program to non-profits and other units
of govemment. They atso review any planning documents. If and when they do the major plan '
amendment to incorporate this azea, this committee would be reviewing that and making
comments. It is always an assigned task that they are working on. Typically the board would
have them meet for two to three meetings on a topic and then make a recommendation.
Councilmember Bolkcom asked how many projects they did a year and asked him to give an
example of one they did in the last couple of years.
.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 13
Mr. Snyder said about 70-75 percent of their budget goes to capital projects and programs.
� They worked a lot with the City of Minneapolis on the Heritage neighborhood which is just off
of I-94 and I-35W to develop a stormwater treatment terrain there that treats the area they
developed plus another 304 acres that feeds into it. They just finished a project a couple of years
ago with the City of St. Anthony which is a water reuse facility that takes water off of Silver
Lake Road near their City Hall and school area. It takes the flush water from their water supply
system as well, captwes that, and uses it to irrigate their central park azea and ball %elds, etc.
That was about a$1.2 million project.
Mr. Snyder staYed they have done road reconstruction projects with the City of Minneapolis. It
can be anything from very small fixes, to a stormwater system, to looking at doing a four or five
block length of a tree stormwater system. In the past, they have helped to do some green roof
but no Longer do them as this was for a demonstration project. One of the things they have been
' trying to do is try new technologies and new practices. They have four staff inembers who are
out monitoring the river, the pipes, and those practices to see how well they work and whether
they should then pcomote them in other azeas.
Councilmember Saefke asked if there was a definite term of office for the commissioner.
M�. Snyder replied it is at the pleasure of the council. St. PauPs is appointed on a three-yeaz
term and everybody else he believed is on a one-year term. Typically they get people who want
: to stay on. They have been pretty stable. Most of their commissioners aze on the committee for
three or fow years or even longer before a change is made.
� Councilmember Saeflce stated he was reading in the Joint Powers Agreement that there is a
provision for remuneration to commissioners. He asked what it was.
3
Mr. Snyder replied, it is a per diem set in Statute under watershed district law. It is $75 per
diem. They have two commissioners right now who use that and none of the others do. Paftly
this is because some of the councilmembers aze paid and aze operating on their paid time. They
do not feel right accepting a per diem on top of the time they are being paid for.
Councilmember Saetke asked if you had to live in the watershed district to be appointed a
commissioner.
Mr. Snyder replied, no.
� Councilmember Bolkcom asked if the surface water management plan had to be updated,
would it be able to be done in two yeazs.
Mr. Kosluchar replied, yes. He spoke with BWSR and they indicated the Ciry would not have
to amend its surface water management plan for each of these watershed organization changes.
Obviously moving a portion of the City into Coon Creek in December is a change. CCWD will
. update their plan as well. Basically staff s discussion with them is they could wait until the
updated watershed organization plans are in place that i�corporate Fridley and then do one
change to Fridley's plan.
FRIDLEY CITY COUNCIL MEETINC OF MARCH 12 2012 PAGE 14
Councilmember Saefke stated one of the things everyone should realize is that first of all, the
City has to belong to a watershed district which is set by State Statute. if we did nothing, Ihen '
BWSR would probably move the City to the most logical watershed district anyhow which, in
their case, would be the MWMO.
Councilmember Varichak stated also there is a cost difference between the watersheds.
Mr. Kosluchar replied, correct. Each watershed organization sets its own rates. They do offer
differing levels of service. Rice Creek is fairly full service, capital projects, etc. MWMO is big
but Rice Creek is huge. Coon Creek is much smaller and a little more intimate. They each bring
different things to the table.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-21. Seconded by
Councilmember Saetke. �
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. Approve a License Agreement $etween the City of Fridley and the County of Anoka
For Use of Digital Ortho and Oblique Aerial Photographs.
Councilmember Bolkcom asked where this matter was in the approval process and when the
other cities approved it.
Mr. Kosluchar replied, he did not know when the other cities approved it. When they taiked �
with Anoka County three weeks ago, they found out a lot of cities had approved the agreement
already. He thinks Fridley received it in early January.
City Attomey Erickson stated there was some delay in communication at the County because
the county attorney who drafted it was out of the office for medical purposes. When staff
decided to bring their concerns forwazd, they were put in touch with an assistant county attorney
who was covering. They finally received word back from the county attomey responsible for the
project.
Councilmember Bolkcom stated she is a little frustrated in that whole process where they have .
an agreement. It seems like someone should say either approve it or give us your changes by
"X" amount of time. Is there something they can send to them the next time it comes azound?
She asked what issues the City Attorney and Mr. Kosluchaz had related to this agreement
Attorney Erickson stated as she understands it, starting with the 2011 proposal going forward,
they have a new type of Technology that had never before been utilized and deals with the
oblique utilization--angles that are not just an aerial view of the property, but also different
angles from street IeveL When she first read it, she found it very confusing because there were
certain abilities to use certain types of the information in certain ways but it was not clear if it
applied to all types of the documentation. They sought clarification with respect to that. Other
FRIDLEY CITY COUNCIL MEETING OF MARCH 12 2012 PAGE 15
issues she thinks dealt with the copyright. The County had the contract or a license with
� Pictometry. There was a requirement that there be a copyright placed on the images which does
not seem to be occurring from what she understands.
Councilmember Bolkcom asked if the City pays anything for this service.
Mr. Koslachar replied, no, they actually contribute for the aerial photography that is used to
generate the images so there is an up-front shared cost between all the cities and Anoka County.
He does not quite recall what that is right now. He can provide that figure to the Council.
Councilmember Bolkcom asked on page 9 at the bottom under Section 3, it says the City has to
` use it in a special way. What is the benefit to the City for using it other than paying for the
original aerials?
Mr. Kosluchar replied this is invaluable information. Aerial photographs are taken every two to
three years under this program. 1'hree yeazs would not seem like a long time but there aze
changes in three years. Staff uses it as background to the City's planning maps. Especially with
the obliques now being able to look at elevations. Code enforcement uses the information and
the City uses it on street projects and for stormwater mapping.
Councilmember Bolkcom asked if there was anything City staff or anyone could be doing to
_ abuse this. She asked if only City staff could use it.
, Attomey Erickson replied, that is one of the questions they had; what are the limits as to how
the City may use it? An example would be can the City make it available to the citizen who
wants to take a look at their property? That is not particulazly cleaz in the agreement.
Dr. Burns replied you can pretty much do that on-line through other means.
Councilmember Bolkcom asked if someone heard about this and wanted to use it, would the
City allow it.
Mr. Kosluchar replied the advice of the City Attorney is to not let them view it.
. Councilmember Bolkcom stated that might be one of those things to include in their questions
for next time. Can they have those things clarified by the County Attomey for this year?
� Attomey Erickson stated she believed the City should get clarification from the County on the
pazameters of the use, as it is not particularly clear in the agreement. Going forward, they are
aware of the issues they have raised, and the next time the contract comes up, they want to be in
right away to put in our input.
Counciimember Bolkcom asked if they will send something asking for that dazification this
_ yeaz.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, ZQ12 PAGE 16
Attorney Erickson replied, yes, she thinks they want to have something in writing from the
County indicating it is or is not a permitted use.
Mr. Kosluchar replied regarding the comment as to people using Google maps or other such
services for aerial photography, the photos subject to this agreement are very high resolution.
The City uses it for GIS mapping, eta Last year, the City created a water valve and hydrant
map, and the majority of that information could be picked up off the aerial views because it is so
high resolution you can seen those kind of elements. That saved a lot of staff time in mapping
those out in the field.
Councilmember Saeflce stated he was part of the sale of a farm, and Wright County actually
provided the overview aerial photography with the boundaries. An auction house was able to
buy a copy of it from the county as part of the auction material so that those bidding on the
property would know what the boundazies, etc. were. It seems to him you can get aerials through _
the County, and he believes they do charge for them also.
Councilmember Bolkcom asked on page 13, No. 2, under "Images," what does that mean. She
does not know what "later flyovers" are.
Mr. Kosluchar stated that provision basically states these aze good for these aerial images
produced in 2011 and not for a future cycle. They do this on a two or three-year cycle. If ihey
go in 2014 this license does not apply to data collected under those flights.
Councilmember Bolkcom asked how long the agreement is for.
Attorney Erickson stated that was another issue. She believes it will be in force and effect until
there aze a new set of flyovers, and they come before Council with a new agreement.
Mr. Kosluchar stated it is used for historic information as well. There are times when they want
to look back for some change that happened. The City has other hazd copy aerials from the 70s
and 80s.
Councilmember Bolkwm said on Page 13 it outlines the cost. She asked what the total cost
would be to the City.
Mr. Kosluchar replied he does not have the costs. That bill was paid in the spring of 2011. The
City contributed towazds the cost when the flights were done. He believed they actually flew it
twice because some of the quality of the aeriais were not good enough to meet requirements.
MOTION by Councilmember Bolkcom to approve the License Agreement between the City of
Fridley and the County of Anoka for Use of Digital Ortho and Oblique Aerial Photographs.
Seconded by Councilmember Vazichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLX. -
FRIDLEY CITY COUNCIL MEETING OF MARCH 12 2012 PAGE 17
, 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 Authori2ed Representative for the City and
to Execute Said Agreement.
Councilmember Bolkcom asked whether the only one who uses this data collection is the
prosecuting attomey?
William W. Burns, City Manager, replied also the Police Department.
_ Councilmember Bolkcom asked about the costs.
Dr. Burns replied he is not aware of any. This is a re-do of an existing agreement which the
� City thought was fine; however, someone at the BCA asked the City to redo it based on their
technical interpretation. The immediate situation that drives them in doing it is the e-charging
program that the law enforcement agencies are going to. In order for the prosecuting attomey to
be part of the e-chazging, he needs access to the BCA records. They have done it before. This is
a technical matter.
Councilmember Bolkcom asked on page 18, under "Payment," it says the agency will identify
the third party and provide the BCA with the contact information and its contact person for
- billing purposes. Does the City ever receive a bill?
Dr. Burns replied, yes, he thinks the City does receive a bill. Since this is a re-do, he did not
take the time to study this. This is the same thing they have had before.
Councilmember Bolkcom asked for that information. She also asked who has access to this
because of the Data Practices Act.
Dr. Burns replied he will get her that information.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-20. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OLD BUSINESS:
9. Second Reading of an Ordinance Amending the Fridley City Code, Chapter 121,
Section 121.02, and Repealing Section 121.03, Related to the Consumption and
Display of Liquor.
@
FI2IDLEY CITY COUNCIL MEETING OF MARCH 12 2012 PAGE 1$
Debra Skogen, City Clerk, stated staff received a request from Fridley `49ers and Fridley Lions
about the possibility of obtaining a temporazy liquor license at Moon Plaza. 5taff reviewed the
]iquor code and found inconsistencies and conflicts and met with the City Attorney to resolve '
those issues.
Ms. Skogen stated four ordinances were drafred amending the City's liquor code to address the
inconsistencies and presented to the City Council on February 6 for the first reading. Tonight
they will address the City Council's questions and changes to the ordinances that have been
made between the first reading and now.
Ms. Skogen stated the current City Code, Section 121.02, prohibits the use of 3.2 percent malt
liquor or intoxicating liquor in any private or public place. Section 121.03 allows the Police
Department to issue a liquor consumption and use permit to businesses which is actually
inconsistent with the State law.
Ms. Skogen stated under Minnesota law, only the State can issue an annual consumption and
display permit with the approval of the City Council. In addition to the State permit, the City
may issue up to 10 one-day intoxicating liquor consumption and display permits to non-profit
organizations in conjunction with social activity in the City sponsored by the organization.
Ms. Skogen stated during the first reading. Councilmember Bolkcom asked if Section 121.02
could be condensed or reworded to make it dearer. Based on that question, the following
changes are being recommended. In Section 1, Section 121A1, subparts 3 and 5, there aze two ,
changes. One amendment changes the definition of "non-intoxicating malt liquor" to 3.2 percent
malt liquor; and it removes the definition of "public place °' In Section 2, Section 121.01, .
subpart 6, the amendment creates a new definition for alcoholic beverage.
Ms. Skogen stated in 3ection 3, Section121.02, subparts 1 and 2, the amendment again removes
the use of non-intoxicating malt liquor and intoxicating liquor and changes them to alcoholic
beverage and removes reference to any public place. Section 121.02, subpart 3, has been
changed to provide a list that is shorter and easier to understand.
Ms. Skogen stated in Section 4, Section 121.03, the amendment repeals the ability of the Public
Safety Director to issue a permit.
Ms. Skogen stated the action at this time would be to move the second reading of an ordinance ,
amending City Code Chapter 121, Section 121.02 and repealing Section 121.03, related to
consumption and display. ,
MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt Ordinance
No. 1290 on second reading and order publication. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
A
FRIDLEY CTTY COUNCIL MEETING OF MARCH 12 2012 PAGE 19
12. Second Reading of an Ordinance Adopting Fridley City Code, Chapter 604, Related
' to Consumption and Display Permits, and Amending Chapter 11, Section 11.10,
Establishing Fees.
Debra Skogen, City Clerk, stated this liquor license enaets a new ChapCer, entitled "Chapter
604, Liquor Consumption and Display Permits," and enacting new fees for the permit. Section
l, 604A1, defines the process used to acquire the State's annual consumption and display permit;
and Section 604.02 defines the City's one-day permit for non-profit organizations.
Ms. Skogen stated in Section 2, the fees are defined for annual permit approval. Staff
recommends $300 for the State annual permit and approval by City Council and $25 for the one-
day permit which is the fee allowable by State Iaw. The only change made to this ordinance was
to Section 604.02, subpart 7. They removed language requiring a police officer to obtain
� approval from the Public Safety Director to suspend a permit if there is a public safety danger or
infringement of peace and tranquilit}�. The police officer would be acti�g on behalf of the Police
Chief instead of having to get direction to go ahead and suspend the license.
Councilmember Bolkcom asked, if she were to have a late-night endorsement, would it cost her
more money? Is that license part of this?
Ms. Skogen replied, that would be something separate. She believes it is an establishment who
does not hold a liquor license, but they want to allow people to bring in their own alcohol and
serve setups.
Attorney Erickson replied, right now she does not believe they have contemplated a light-night
endorsement to an annual consumption and display; and the City currently does not have a fee in
Chapter 11 for the late-night endorsement.
Councilmember Bolkcom asked about the one-day consumption related to non-profit, because
in the next section over, it is related to a temporary license is required that includes clubs,
chazitable, religious, and non-profits, but this one is only for non-profit.
Attorney Erickson replied, no, she did not think that was the case. It is, if you do not have a
liquor license.
F
Ms. Skogen stated Councilmember Bolkcom is asking about the one-day permit which is only
. for non-profit organizations.
Attorney Erickson replied, yes. For the temporary one-day permit. The difference is they are
not actually selling it. They aze just allowing consumption or dispensing it.
Councilmember Bolkcom asked if she could get one if she is not a non-profit.
. Attorney Erickson replied, no.
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 20
MOTION by Councilmember Sae&e to waive the reading of the ordinance and adopt Ordinance .
No. 1291 on second reading and order publication.
.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Second Reading of an Ordinance Amending the Fridley City Code, Chapter 602,
Sections 602.02.3, 602.02.5, 602.05.1 and 602.14.1; Chapter 603, Section 603.02,
603.07.1, 603.09.2, 603.24, and 603.26.1, and Chapter 606, Sections 609.09.1 and
606.12.1, Related to On-Sale 3.2% Malt Liquor, On-Sale Intoxicating Liquor and
On-Saie Intoxicating Liquor Clubs.
and
Adopt Official Title and Summary Ordinance.
Debra Skogen, City Clerk, stated this ordinance addresses inconsistencies found among the
three chapters which aze for 3.2 percent malt liquor, on-sale intoxicating liquor, and club on-sale
intoxicating liquor. Two of the inconsistencies they found were the distance requirement
between a church and a public school, and the number of temporary licenses the non-profit
organization or a premise could obtain.
Ms. Skogen stated the following changes were made between the first and second readings to
incorporate the Council's concern. The 2008 sunset clause for the late-night endorsement has
been removed from the foilowing sections: Section l, 602A2.5 which is the 3.2 percent malt ,
liquor license requirement; Section 3, Section 6Q2.053, is Chapter 602, the granting of the
licenses for the 3.2 malt liquor; Section 5 is Section 603.02 which is on-sale intoxicating liquor,
license is required; and Section 10, Section 606.02 is the club license is required.
Ms. Skogen stated a police report was prepazed to answer Councilmember Bolkcom's question
about the late night endorsement. On 2011 there were four establishments operating with late-
night endorsements. The four businesses generated 20 calls or 34 percent of the calls for service
between 2 a.m. and 4 a.m. The report revealed no significant impact attributable to allowing
alcohol sales until 2 a.m. The Police Department has tools in place to monitor and effectively
address excessive calls fot service at licensed establishments. They were not opposed to
removing the sunset dause. �
Ms. Skogen stated the following sections in the ordinance pertaining to the granting of the =
licenses were amended to try and incorporate Councilmember Bolkcom's request to make the
language easier to understand. They all read the same. Section 2 is Section 602.05.1 which is
3.2 percent malt liquor; Section 6 which is Section 603.07.1, intoxicating liquor; and Section 11
which is Section 606.09.1. They took the language that was in the Code, repealed that language,
and then created new language to make it more understandable for what is required for obtaining
a license.
Ms. Skogen stated Chapters 602, 603, and 606 repeal the language requiring the license to be
FRIDLEY CITY COUNCIL MEETING OF MARCH 12 2012 PAGE 21
approved at the next City Council meeting. A survey was completed of l5 cities in the northwest
" metro azea to find out what their liquor license procedures were. Four of the cities do not require
a public hearing, and the Iicense is put on approval on the Council agenda; sometimes on the
consent agenda. Eleven cities do hold public hearings and approve or deny the license after the
public heazing doses at the same meeting. If there are any questions, a public hearing can be
continued and approval or denial of the license can be done at that time.
Councilmember Barnette asked regazding the definition of a patio, it must be entered form
within the establishment, correct?
Ms. Skogen replied correct.
Councilmember Bolkcom asked if she has a late-night endorsement, come the end of March,
� does that automatically get renewed?
Ms. Skogen replied, each renewal is done at the time they aze renewing their liquor license, but
the actual physical time they hold their late-night depends on when they apply for it through the
State of Minnesota. When they renew their license this year, they will request the late-night; and
it will be based on the background and all the information staff provides and what it
recommends.
. MOTION by Councilmember Saeflce to waive the reading of the ordinance and adopt Ordinance
No. 1292 on second reading and adopt the official title and summary ordinance and order
publication.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Second Reading of an Ordinance Amending the Fridley City Code, Chapter 508,
Section 508.21, 508.21.4, SOS.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.
Debra Skogen, City Clerk, stated in 2003, Chapter 508 was amended to allow for the sale of 3.2
+ percent malt liquor and wine at Springbrook Nature Center. In 2007, Chapter 508 was again
amended for the sale of strong beer at Springbrook Nature Center. During 20l l, the Minnesota
legislature amended state law to allow for city-licensed on-sale liquor establishments to provide
� food and alcohol beverages off their licensed premises at a city-owmed facility.
Ms. Skogen stated the first question that was asked at the last meeting was is an event geared by
a]ocal licensed establishment required to abide by the City's 40/60 food-to-liquor ratio? Staff
did review the Code, and the 40/60 ratio is not event specific. The sales would be calculated
towazds an establishmenYs annual gross sales to ensure they aze in compliance with the City's
_ 40/60 percent food-to-liquor ratio reported annually with their renewal application.
Ms. Skogen stated the seco�d question was can a non-profit organization hold an event with a
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 22
temporary on-sale intoxicating liquor license. The answer to that question is yes. A non-profit
organization may apply for a temporazy liquor license for an event to be held at Springbrook
Nature Center. The applicant provides the date and time of the event, liquor liability insurance,
and who will be providing the food. They also provide their non-profit status to the City.
Ms. Skogen stated changes that have been made between the first and second reading include:
Section 1, Section 508.21, removing language refening to a specific type of liquor and replacing
it with "alcoholic beverages.° Section 2, Section 508.21.4, adds Chapter 602 and removes the
term, "strong beer and intoxicating liquor" replacing them with "malt liquor and wine." Also,
Section 3, Section 508.21.5, was amended to create language to make it easier to understand and
removing the term, "3.2 percent malt liquor and strong beer" and replacing them with "malt
liquor."
Mayor Lund asked what the difference was between strong beer and wine and malt liquor and
wine. �
Attorney Erickson replied malt liquor is a definition that includes both 3.2 percent beer and
what is commonly referred to as "strong" beer. [t was a more inclusive term.
Councilmember Bolkcom asked what is a"bathing beach" compared to a"beach" which is
referred to in 5ection 1, second paragraph.
Ms. Skogen replied they did not change that part of the Code. She does not know why it is
"bathing" beach. Now would be the time to change that.
Couucilmember Bolkcom stated, it says "community festivals." If she wanted to have a festival
related to bicycles or something, would that be considered a broader community appeal?
Attorney Erickson replied, she thinks that is probabiy one of those nice undefined terms that is
in State law. She thinks typically it is community celebrations, such as `49er Days or Arts in the
Pazk, those lazger-scale events,
Ms. Skogen stated an organization could do it on their own and serve alcohol in the park. They
would have to come to the Council, and it would have to be a broad community event.
MOTION by Councilmember 5aefke to waive the reading of the ordinance and adopt the .
ordinance on the second reading and order publication. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE `
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Saeflce to amend the language in Section 1, pazagraph 2,
removing the word "bathing." Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CTTY COUNCIL MEETING OF MARCH 12 2012 PAGE 23
NEW BUSINESS:
15. First Reading of an Ordinance Amending the Fridley City Code, Chapter 1,
Legislative Body, Pertaining to Ward and Precinct Boundaries.
Debra Skogen, City Clerk, stated the City was redistricted in 2002 into State Senate Districts 50
and 51 and State House Districts SOA, SOB, and 51 B. In 2002, Ward 2, Precinct 4, was split into
two house districts, SOA and SOB, creating two separate precincts.
Ms. Skogen stated after receiving population information last falf from the 2010 census, staff
reviewed the information on the wazd population. The review showed there would be little, if
any, changes necessary unless the State legislature redistricting would cause further action for
the City.
Ms. Skogen stated on February 21, 2012, the Minnesota Supreme Court released its redistricting
order using the results from the 2010 central census. The new court order places the City within
one State senate disVict and one house district--Senate District 41 and House District 41A.
Ms. Skogen stated Section 204 of the City Charter action requires the boundaries of the three
wazds to be redetermined. The population of any wazd shall not deviate by more than 3 percent
from the average of the three wards. The total population for 2010 is 27,204, giving the City an
: average wazd population of 9,068. For Wazd 1 there is a population of 9,074; for Ward 2 there is
a population of 9,007; and for Wazd 3 there is a population of 9,123. They are all at
approximately 33 percent. All of the wards are within or actually less than the 3 percent
� deviation required by Charter.
Ms. Skogen stated the 20I2 redistricting allows the City to combine Ward 2, Precincts 4 and 5
into one precinct. That will give the City a combined ward which would now become Ward 2,
Precinct 4; and it would create less confusion for the voters who vote in that precinct. Also, the
City is now allowed to hire 8 fewer judges.
Ms. Skogen stated the only thing staff is recommending at this time would be to combine Ward
2, Precincts 4 and 5, into one precinct. The City is required to submit its adoptive plan by April
4 to the County and to the State. The Charter requires that it be done by ordinance, but it does
not require a public hearing. At this time staff is recommending a motion to approve the first
reading of the ordinance. This information can be found on the City's website.
MOTION by Councilmember Varichak to waive the reading of the ordinance and adopt the first
reading of the ordinance. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
H
FRIDLEY CITY COUNCIL MEETING OF MARCH 12. 2012 PAGE 24
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 fbr
Pending Assessment Reporting Purposes.
James Kosluchar, Public Works Director, said the City held a public hearing earlier this
evening on the improvements for Project No. 413. Staff recommends council's approval of the
attached resolution
MOTION by Councilmember Saetke to adopt Resolution No. 2012-22. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PRESENTATION:
17. National Pollutant Discharge Eliminallon System (NPDES) Review of Fridley's
Stormwater Pollution Prevention Plan (SWPPP) for 2011.
James Kosluchar, Public Works Director, stated the City has an NPDES permit established
through the Clean Water Act, a Delegated Authority from EPA to the Minnesota Pollution
Control Agency; and they have the authority over the stormwater program. This established the �
City of Fridley as a municipal separate storm sewer system or MS4. The storm sewer system
includes everything that is involved in conveying or collecting stormwater runoff. It does not ,
connect with a wastewater collection or treatment plant. The City of Fridley is an MS4 and
issued its own MS4 permit under the State of Minnesota permit.
Mr. Kosluchar stated in 2008, the City of Fridley received its last reauthorization of its MS4
permit. In the heart of the permit is the Stormwater Pollution Prevention Plan (SWPPP). This is
the completion of the CiTy's ninth yeaz under the NPDES program. Fridley was always been
very proactive over the yeazs in implementing stormwater programs, mainly to try to prevent
flooding. Fridley had many ponds and wet basins constructed in the 1980s, prior to this program
being in effect.
Mr. Kosluchar stated the City has been meeting the requirements of six minimum control _
measures for many yeazs prior to the federal requirements. The six minimum control measures
that are part of the City's SWPPP are public outreach education; public involvement and
participation; illicit discharge detection and elimination; construction site runoff control; post- `
construction stormwater management; and pollution prevention and good housekeeping for its
municipal operations.
Mr. Kosluchar stated as faz as public education and ouueach, the City does run programs on its
municipal television, Channel 17, and tries to education people regarding stormwater issues. The
City has printed handouts for the public; Springbrook Natwe Center tech tips and bookmarks;
Mississippi River and Springbrook watershed brochures; and stormwater educational calendars.
a
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 25
Mr. Kosluchar stated as faz as the City's public participation program, it does invoive the public
in rain gardens and their constnzction. The City has two new rain gardens on West Moore Lake
Drive as a cooperative demonstration project with Rice Creek Watershed District and Fridley
School District. The City also involved the neighborhood near Altura Park in the construction of
a rain garden in 201 l. It had several new infiltration basins along Anoka County Locke Park
project. Also, a lazge rain garden was constnacted by an owner at 960 Hathaway with Anoka
Conservation District assistance.
Mr. Kosluchar stated this meeting is another chance for involvement. The City's illicit
dischazge and detection and elimination efforts for 2011 included storm sewer mapping, and it
continues to add into our GIS and engineering maps water quality elements. The City has over
120 ponds, private and public, that are used for stormwater management and it is working to get
information into a database the City can use for future maintenance.
Mr. Kosluchar stated the City's illicit dischazge and detection and elimination ordinance,
Chapter 224, was drafted in 2011 and established in Februazy, 2012. The City has a program for
review of municipal facilities and operations that is ongoing. The City also does outfall
inspection and cleaning. It is required to inspect 20 percent of its outfalls annually and did 36
outfall inspections on Rice Creek in 2011. As to non-discharge flows, the City is working with
property owners to comply with the new IDDE code. The City actually has some information
that is going to be going out later this month, and it has a wellhead protectioo presentation with
some stormwater-related information on Wednesday.
Mr. Kosluchar stated regarding construction site runoff control, he believes the City has made
' great efforts in the last few years. The City does have an erosion control ordinance that was
approved by City Council in 2006. In addition, the City has ordinances to help protect shoreland
areas and require runoff control of parking areas.
Mr. Kosluchar stated as to construction compliance, the City encourages the use of best
management practices during construction. The City requires temporary ponding at times, and
concrete washout azeas are a requirement now. As to 2011 projects the City had reviewed, those
included Martin Brower's expansion, Metro Transport, Landmazk of Fridley, and Cummins Test
Cells. All of these had fairly lazge stormwater components. The City reviewed 12 projects, and
7 of those required NPDES construction permits. Severa] corrective notifications were issued.
The City had no notice of violations this yeaz, and he believed there was only one last year.
Mr. Kosluchar stated the City also maintained compliance with development ordinances and the
' addition of stormwater BMP's to any and all development or redevelopment projects in the City.
The City also managed agreements that required maintenance by private property owners of their
stormwater systems and granting of access easements to the City to legally enter property and
correct when needed. There were four agreements that were coordinated in 2011.
Mr. Kosluchar stated minimal control measures are good housekeeping for municipa]
- operations. The City inspects and removes debris from 13 structural storm sewer treatment
devices each yeaz. No structures required cleaning in 2011. Fridley has actually gone to a two-
year cycle on those, and a]ot has to do with the street sweeping efforts. The City did S 15 hours
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 26
of street sweeping during the spring and fall in 2011 and removed over 2,400 cubic yards of
material from its streets and about half of it was sand and dirt. This is just over a 50 percent
increase from 2010, and he attributes a lot of that to the winter the City had in the 2010/2011
year where a lot of de-icing materials went down and also from the storms, including the
tomado. Since 2006, the City's rate of application of road salt has been cut by 70 percent.
Ma Kosluchar stated other events in 2011 that impacted stormwater were the tomado and flood
clean-up. A large amount of resources were spent dealing with the afrermath from a stormwater
standpoint, including washouts, cleaning, eta The City moved to the Coon Creek Watershed
District in December and looks forward in 2012 to moving to the MWMO. The City has
received some funding for a project on Oak Glen Creek. A lazge amount of funding for this
project was obtained through the Anoka Conservation District with City of Fridley and Coon
Creek Watershed District assistance.
Mr. Kosluchar stated in the future, the City will have a new M54 permit. The City is also
facing Total Maximum Daily Load Requirements (TMDL) in the future which requires it to do
more reporting and provide more information about BMP's. Recently, the drafr of the South
Metro Mississippi River TMDL came out for comment. There is an estimated $850 million in
expenditures by 2020 for 217 MS4's to achieve a 25 percent reduction in total suspended solids
from 2012 levels. This TMDL affects cities as far upstream as Aitkin and St. Cloud.
Mr. Kosluchar stated they will also have sediment disposal controls that are actually
implemented right now for BMP maintenance. They will be going through the receiving water .
inventorying after the permit is reissued. The CiTy has about three months to submit its final
product after the new stormwater permit is issued.
Mr. Kosluchar stated as to Fridley's tole, it is involved as a stakeholder in the development of
the new permit. As to TMDL and regulations, the City is not always heard regarding effect on
its operations during the TMDL development process. He thinks this is common with these
studies when it comes to cities across the boazd. The City is a member of the Minnesota Cities
Stormwater Coalition; a group that organizes cities, particulazly metro cities which are pretty
heavily impacted by stormwater regulations, and works with agencies on behalf of their member
cities. They see a common philosophy here where the City should spend their limited
stormwater resources on what is effective.
Mr. Kosluchar stated additional costs are coming in order to comply with added rules and .
permit requirements. There are more resources if people are interested. The MPCA stormwater
website was revamped a year ago. There is also the City's website.
Dr. Burns stated there is a lot of emphasis and a lot of cost on TMDL's and all of this relates to
cities. He asked to what extent are the agricultural areas in Minnesota being forced to recognize
TMDL's and to deal with them.
Mr. Kosluchar replied the agricultura] azeas actually are exempt from the Clean Water Act
requirements. There is a voluntary compliance movement at this time. There was a very
interesting article in the Star Tribune last fall. It talked about most of the sediment loading in the
FRIDLEY CITY COUNCIL MEETING OF MARCH 12, 2012 PAGE 27
�
Mississippi River is from the Minnesota River, and most of that is from agricultural land.
- However, they can only regulate the urban azeas as part of the MS4 program, so the urban areas
end up paying to reduce the smallest percentage of contribution to a greater magnitude.
ADJOURN.
MOTION by Councilmember Bamette, seconded by Councilmember Varichak, to adjoum.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 10:10 P.M.
' Respectfully submitted by,
Denise M. Johnson
Recording Secretary
i
r
Scott J. Lund
Mayor
f�
CIiY OF
FRIDLEY
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
March 26, 2012
Williazn W. Burns, City Manager���
Darin R. Nelson, Finance Director �
Debra A. Skogen, City Clerk �
Mazch 16, 2012
2nd Reading of an Ordinance Amending Fridley City Code Chapter 1. Legislative
Body, Pertaining to Wazd and Precinct Boundaxies.
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 Districu and two Senate Districts with the legislative
lines being drawn through precinct boundaries.. The new plan places the City within one Senate
and one House District and does not place any legislaUve lines through any of the precinct
boundaries.
According to Section 2.04 of the Fridley City Charter, "The boundaries of the three wazds shall
be redetermined from time to time by ordinances duly adopted by the Council, and based on the
findings of the Council that the wazds so redetermined aze such that the population of any ward
shall not deviate by more than tt�ree percent (3%) from the average of the three wazds."
Citv of Fridlev 2010 Population Fieures:
2010 Total Population 27,204
Average Wazd Population 9,068
Wazd 1 Population 9,074 (33.35%)
Ward 2 Population 9,007 (33.11%)
Wazd 3 Population 9,123 (33.54%)
At the present time, it appeazs none of the wazds aze more than 3% from the average population
of 9,068. In fact, all three of the wazds aze within 1% from the average ward population.
In 2002 Wazd 2 Precinct 4 was split in half to accommodate a new Legislative District creating
Wazd 2 Precinct 5. The 2012 Redistricting will now a11ow 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 a11ow us to use fewer election judges at that polling location.
1
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. The first
reading was held on Mazch 12, 2012. To meet the deadline, the second reading should be held on
March 26th
Staff recommends a motion holding the second reading of an Ordinance Amending Fridley City
Code Chapter 1. Legislative Body, Pertaining to Wazd and Precinct Boundaries.
��
ORDINANCE NO. _
AN ORDINANCE AMENDING TFIE FRIDLEY CTTY CODE
CHAPTER 1. LEGISLATIVE BODY, PERTAINING TO WARD AND PRECINCT
BOUNDARIES
THE CITY COUNCIL OF THE CTTY OF FRIDLEY HEREBY FINDS A1VD ORDAINS, AFTER
REVIEW, EXAMINATION AND STAFF RECOA'IMENDATION THAT CI3APTER 1,
LEGISLATIVE BODY, OF THE FRIDLEY CITY CODE BE AMENDED AS FOLLOWS:
SECTION 1.02 WARD BOLJNDARIES
Pursuant to the City of Fridley Charter, Chapter 2.03, which requires the Counci] to redetermine
Wazd Boundaries after each decennial census of the United States, and at other rimes as the City
Council may determine, the Wazd and Precinct Boundaries of the City are redetermined and
hereafter aze established as follows: (Re£ 987)
WARD I
Wazd No. 1, Precinct No. 1 is established as the area bounded as follows:
NORTH: Starting at the northem City Limits (approximately 255 feet north of the
intersection of Osborne Road and T.H. #47 Avenue) go east on the northem City Limits
to Baker Street. EAST: Using Baker 3treet and starting at the northern Ciry Limits, go
south on Baker Street to 73`d Avenue, then go east on 73rd Avenue to Highway #65, then
go south on Highway #65 to Rice Creek Terrace. SOUTH: Using Rice Creek Terrace
and starting T.H. #65, go west on Rice Creek Terrace to Madison Street, then go south on
Madison Street to 7"' Street, then go south on 7�' Street to 67`� Avenue, then go west on
67�' Avenue to 4�' Street, then go north on 4w Street to Rice Creek Tertace, then go
northwest on Rice Creek Terrace 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 Terrace, go southeast on Rice Creek
Terrace to 4�' Street, then go south on 4�' Street to 67�' Avenue, then go east on 67�'
Avenue to 7�' Street, then go northeast on 7�' Street to Madison Street, then go north on
Madison Street to Rice Creek Terrace, then go east on Rice Creek Terrace to Highway
#65. EAST: Using T.H. #65 and starting at Rice Creek Terrace, 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 Southwest 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 6151 Avenue, then go west on 61S` Avenue to
7�' Street, then go north on 7�` Street to Mississippi Street, then go west on Mississippi
Street to T.H. #47. WEST: LTsing T.H. #47 and starting at Mississippi Street, go north
on T.H. #47 to Rice Creek Teaace.
3
Ordinance No.
3. Wazd No. 1, Precinct No. 3 is established as the azea 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`� Street. EAST: Using 7�' Street and
starting at Mississippi Street, go south on 7'�' Street to 57`� Avenue. SOUTH: Using 57�'
Avenue and starting at 7�' Street, go west on 57�' Avenue to T.H. #47. WEST: Using
T.H. #47 and starting at 57�' Avenue, go north on T.H. #47 to 59�' Avenue, then go west
on 59�' Avenue to Main Street, then go north on Main Street to 61 �` Avenue, then go west
on 61 S` Avenue to the Burlington Northern Railroad right-of-way, then go north on the
Burlington Northem Railroad right-of way to Mississippi Street.
4. Wazd No. 1, Precinct No. 4 is established as the azea bounded as follows:
NORTH: Using 6151 Avenue and starting at 7`�' Street, go east on 6151 Avenue to West
Moore Lake Drive. EAST: Using West Moore Lake Drive and starting at 6151 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 Matterhom Drive, then go south on Matterhorn Drive
to the southem City Limits. SOUTH: Using the southern City Limits and starting at
Matterhom Drive, go west on the southem Ciry Limits to T.H. #47. WEST: Using T.H.
#47 and starting at the southern City Limits, go north on T.H. #47 to 5'7th Avenue, then go
east on 57�' Avenue to 7�` Street, then go north on 7�' Street to 61S` Avenue.
WARD II
Wazd No. 2, Precinct No. I is established as the area bounded as follows:
NORTH: Using the northem City Limits (Osbome Road) starting at Baker Street, go east
on the northem City Limits to the eastem City Limits. EAST: Using the eastem City
Limits, go south on the eastem City Limits to 69�' Avenue. SOUTH: Using 69w 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 73rd Avenue to Baker Street, then go north on Baker Street to the
northem City Limits.
Ward No. 2 Precinct No. 2 is established as the azea 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"' Avenue, then go east on 69th Avenue to
the eastem City Limits. EAST: Using eastem City Limits and star[ing at 69`� Avenue, go
south on the eastern City Limits to 66`� Avenue. SOUTH: Using 66th Avenue and
starting the eastern City Limits, go west on 66�' Avenue to Arthur Street, then go south
on Arthut Street to Mississippi Sh'eet, then go west on Mississippi Street to Central
Avenue, then go south on Central Avenue to East Moore Lake Drive, then go southwest
on East Moore Lake Drive/VJest Moore Lake Drive to Able Street. WEST: Using Able
�
Ordinance No.
Page 5
Street and starting at West Moore Lake Drive, go north on Able Street to Cazol Drive,
then go west on Cazol 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.
7. Wazd No. 2, Precinct No. 3 is established as the area bounded as follows:
NORTH: Using Able Street and starting at Cazol 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 Sueet to 66th
Avenue, then go east on 66th Avenue to the eastem City Limits. EAST: Using the
eastem City Limits and starting at 66`� Avenue, go south on the eastem City Limits to
Gazdena Avenue. SOUTH: Using Gazdena Avenue and starting at the eastern City
Limits, go west on Gardena Avenue to Matterhorn Drive, then go south on Matterhom
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 6151 Avenue, then go northeast on West Moore
Lake Drive to Cazol Drive, then go northeast on Cazol Drive to Able Street.
g. Wazd No. 2, Precinct No. 4 is established as the azea 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
set�t on Matterhom Drive to Gazdena Avenue'`�n.��='--'�°-. �en go east on
w, T...,..,.-..�,. r,� to the eastern City Limits `•'. u".,°'`"" D"""> ."e� o-
Gazdena Avenue �-.�--�-__ �==• = °
.
> '
T i,�o.+ �._ �����-� r•�.� EAST: Using the eastem City L'units and
starting at Gazdena Avenue -T�-.-.LT.�=�°4-go south on the eastem City Limits to the southem
City Limits. SOUTH: Using the southem City Limits and starting at the eastern City
Limits, go west on the southem City L'units to Matterhom Drive. WEST: Using
Matterhom Drive and stazting at the southem 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.
. � _ r.ee"a
•. r_ - _ ■" - '
_�, � -'.
' - _'. - - " ��
_ -_ _ ; � � � �" -
5
Ordinance No.
.
. :_��
Page 6
. _ � - - �•-
- � - _ . ,_ - ■_ - -�„
- � - � -
9�8. Wazd No. 3, Precinct No. 1 is established as the azea bounded as follows:
NORTH: Beginning at the Mississippi River and the northem city limits, then follow the
northern ciry limits east to the Burlington Northern right-of-wa�, then go north on the
Burlington Northern Railroad right-of-way (City Limits) to 85 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
Osbome Road. SOUTH: Using Osborne Road and starting at T.H. #47, go southwest on
Osbome Road to Burlington Northern Railroad right-of-way, then go north on the
Burlington Northem Railroad right-of-way to 79`� Way, then go west on 79�' Way to the
western City Limits (Mississippi River). WEST: Using the western City Limits and
starting at 79�' Way, go north to the northem City Limits.
10�. Wazd No. 3, Precinct No. 2 is established as the azea bounded as follows:
NORTH: Using the westem City Limits and starting at 79`� Way, go east on 79`" Way to
the Burlington Northem Railroad right-of-way, then go south on the Burlington Northern
Railroad right-of-way to Osbome 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 Sireet. 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 westem City Limits to 79�' Way.
I 1� Wazd No. 3, Precinct No. 3 is established as the azea bounded as follows:
NORTH: 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 Northem Railroad right-of-way and starting at Mississippi Way, go south
on the Burlington Northern Railroad right-of -way to the extension of 615` Avenue, then
go east on 6151 Avenue and its e�ctension 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: Stazting at T.H. #694 on the western City Limits, go north on the
western City Limits &om T. H. #694 to Rice Creek.
12�-3. Wazd No. 3, Precinct No. 4 is established as the azea bounded as follows:
NORTH: Using 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 59`� Avenue, then go east on 59`" Avenue
�
Ordinance No. _
Page 7
to T.H. #47. EAST: Using T.H. #47 and starting at 59th 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 western City
Limits, starting at the southern City Limits, go north on the westem City Limits to T.H.
#694.
1.03. WARD MAP
Wazd and Precinct Boundaries aze further herein established and delineated as shown on the map
hereo£ Attached hereto is Exhibit "A" and made a part hereof by reference; and whenever and
wherever a conflict shall appeaz 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 26TH DAY OF MARCH 2O12.
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading:
Second Reading:
Publication:
Mazch 12, 2012
March 26, 2012
April 5, 2012
7
SCOTT J. LUND — MAYOR
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Exhibit A
POLLING LOCATIONS
Wi P1 - WARD i, PRECWCT 1
GRACEEVANGELICAL
CHURCH
� 755 73rd AVE N.E.
NM P2 - WARD 1, PRECINCT 2
HAVESELEMENTARY
SCHOOI
615 MISSISSIPPI ST N.E.
Wi P3 - WARD 1, PRECINCT 3
FRIDLEY MUNICIPAL CENTER
6931 UNNERSITYAVEN.E.
VJt P4 - WARD 1, PRECINCT 4
FRIDLEY COMMUNITY
CENTER
6085 7TH ST N.E.
W2 Pt - WARD 2, PRECINCT 1
NKIODCREST ELEMENTARY
SCHOOL
880 OSBORNE RD N.E.
W1 p2 - WARD 2, PREGNCT 2
KNIGHTS OF COLUMBUS
6831 HIGHWAY 65 N.E.
N2 P3 - WARD 2, PREqNCT 3
ST PHILIP'S LUTHERAN
CHURCH
6160 HIGHWAY 65 N.E.
y� P4 - WARD 2, PRECINCT 4
NORTH PARK ELEAAENTARY
SCHOOL
5575 FILLMORE ST N.E.
N3 P1 - WARD 3, PRECINCT 1
SPRINGBROOKNATURE
CENTER
100 BSlli AVE N.E.
W3 Pp - WARD 3, PRECINCT 2
REDEEMERLUTHERAN
CHURCH
61 MISSISSIPPIWAY N.E.
Wd P3 - WARD 3 PRECINCT 3
STEVENSON ELEMENTARY
SCHOOL
6080 EAST RIVER ROAD N.E.
Wy P4 • WAR� 3, PRECINCT 4
FRIDLEV COVENANT CHURCN
6390 UNNERSITY AVE N.E.
"`•^ Wl P'I AND W3 P4
POLLING LOCATIONS ARE
, OUTSIDE OF PRECINCT """
Sources:
Fridley Elections
Fridley GIS
Date: February 2012
��
FRIDLEY
TO:
FROM:
DATE:
AGENDAITEM
GTY COUNCIL MEETING OF MARCH 26, 2012
William W. Burns, City Manager���
James P. Kosluchar, Public Works Director �
Layne R. Otteson, Assistant Public Works Director
�
March 21, 2012
PW 12-025
SUBJECT: Resolution to Approve MnDOT Agency Agreement Number 00516 for Safe Route to
Schools Preliminary Engineering
Recently, City staff in conjunction with Independent School District Number 14 applied and
received federai funding through the Safe Routes to Schools program. The grant provides monies
for design, administration, and construction of infrastructure improvements. The City and School
staffs worked in unison to identify locations to improve pedestrian safety adjacent to Fridley Middle
School, Hayes Elementary, and Stevenson School.
In order to design the project, the City must approve the attached agreement from MnDOT. This
agreement allows the City to perform preliminary engineering under a Delegated Contract Process
as required of projects receiving federal aid. The agreement allows the City to seek
reimbursement for preliminary engineering costs incurred.
This agreement benefits the City by allowing staff to work directly with MnDOT on administrative
matters relating to federally funded transportation projects, rather than having to work with the
FHWA. It allows more expeditious and responsive contract administration since federal monies
are involved in this project. Under this agreement, MnDOT is identified to act as the City's agent in
accepting federal aid.
Staff recommends the City Council move to approve the attached resolution directing the City
Manager and the Director of Public Works to execute MnDOT Agency Agreement No. 00516.
JPK:Iro
Attachment
�
RESOLUTION NO. 2012 -
RESOLUTION ENTERING AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF
TRANSPORTATION FOR PRELINIINARY ENGINEERING FOR SAFE ROUTES TO SCHOOL
PROJECT NO. ST2011-21 AND MNDOT AGENCY AGREEMENT NO. 00516
VVHEREAS, the City of Fridley's 2030 Comprehensive Plan Update identified Transportation Action Steps,
including parinering with the community's school districts to pursue Federal, State, or Regional grant funds to allow
for the expansion of trails, bike lanes, or sidewalks neaz schools, and
WHEREAS, the Fridley City Council passed Resolution Number 2008-58 on November 17, 2008 supporting an
application to the State of Minnesota Department of Transportation for financial assistance m implement a Safe
Routes to School Project in the City, and
WHEREAS, the City of Fridley applied and received federal funding through the Safe Routes to Schools program
to design and administer infrastructure improvements, and
WHEREAS, the City of Fridley in conjunction with Independent School District Number 14 has identified locations
to improve pedestrian safety in areas neaz schools, and
WHEREAS, the City of Fridley shall provide preliminary engineering design and administration by a professional
engineer as set forth in the Agreement, and
WI�REAS, the Ciry of Fridley shall be reimbursed for prel'uninary engineering as set forth in the Agreement, and
WHEREAS, the City indemnifies saves and holds hazmless the State of Minnesota and its agents and employees
from claims, demands, actions or causes of action arising out of or by reason or matter related to constructing the
improvements as desig�ed, and
WI�REAS, the City further agrees to defend at its sole cost any claims arising as a result of constructing the local
streets, and
WIIEREAS, the final approval of the State Aid for L,ocal Transportation Division is therefore required,
NOW Tf�REFORE, BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 16136, the Commissioner of
Transportation be appointed asAgent for the CiTy of FRIDLEY to accept as its agent, federal aid funds which may
be made available for eligible transportation related projects, and
BE IT FURTf�R RESOLVED, the Mayor and the City Manager aze hereby authorized and directed for and on
behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the
terms and conditions of said federal aid participation as set forth and contained in "Minnesota Departrnent of
Transpor[ation Agency Agreement No. 00516", a copy of which said agreement was before the CiTy Counci] and
which a part hereof by reference.
PASSSED AND ADOPTED BY THE C1TY COUNCIL OF TI� CITY OF FRIDLEY THIS 26`� DAY OF
MARCH, 2012.
ATTESTED
DEBRA A. SKOGEN - CITY CLERK 7 O
SCOTT J. LT_IND - MAYOR
MnDOT Agreement No., OOS16
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF FRIDLEY
FOR FEDERAL PARTICIPATION IN PRELIMINARY ENGINEERING
FOR
S.P. 127-591-001; M.P. SRTS 2712(087)
This agreement is entered into by and between City of FRIDLEY ("City") and the State of
Minnesota acting through its Commissioner of Transportation ("MnDOT'),
Pursuant to Minnesota Statutes Section 161.36, the City desires MnDOT to act as the
City's agent in accepting federal funds on the City's behalf for the construction, improvement, or
enhancement of transportation financed either in whole or in part by federal funds, hereinafter
referred to as the "Project"; and
The City is proposing a federal aid project to conduct preliminary engineering for
infrasVudure improvements at three schoots located in the City of Fridley, hereinafter referred
to as the "Preliminary Engineering;° and
The Preliminary Engineering is eligible for the expenditure of federal aid funds, and is
identified in MnDOT records as State Project 127-591-D01, and in Federal Highway
Administration ("FHWA") records as Minnesota Projed SRTS 2712(087); and
MnDOT requires that the terms and conditions of this agency be set forth in an
agreement.
THE PARTIES AGREE AS FOLLOWS:
DUTIES OF THE CITY.
A. DESIGNATION. The City designates MnDOT to act as its agent in accepting federal
funds in its behalf made available for the Project.
B. ELIGIBILITY / COSTS. The estimated cost of the Preliminary Engineering is
$14,800.
1. It is anticipated that 100% (up to $ 14,800) of the cost of the Preliminary
Engineering is to be paid from federal funds made available by the FHWA. The
City will pay any part of the cost or expense of the work that the FHWA does not
PaY
2. Any costs incurred by the City prior to authorization of the Federal Funds, will not
be eligible for federal participation.
11
(MnDOT Agreement No. DO516)
Page 1
3. Eligible cost and expense, if approved, may consist of the following:
a) The cost of conducting the Safe Routes to School preiiminary engineering for
Fridley Middle School, Hayes Elementary School, and Stevenson Elementary
School which are ail located in the City of Fridley.
b) The direct labor charges for City employees for the time that said employees
are pertorming work pursuant to this agreement must be documented in a
Public Interest Finding and approved by the FHWA. Said fabor charges may
include the prorata share of "labor additives" applicable to said labor charges.
Costs to the City of 'labor additives' consisting of holiday pay, vacation, sick
leave, retirement, pension, unemployment taxes, compensation and liability
insurance, iost time charges and similar costs incidental to labor employment
will be reimbursed only when supported by adequate records.
c) The appiicable equipment rental charges for City owned equipment used by
the City and mileage charges for employee owned vehicles used by the City
on work performed pursuant to this agreement, at rates reflective of the City
actual cost.
d) Expenditures for materials, supplies, mechanical data processi�g and
equipment rental, limited to the actual expenditures for the purposes of this
agreement.
e) The cost i�curred by the City to employ outside forces to perform any or all of
the work pursuant to this agreement, subject to the provisions of section I.D.
SUBLETTING.
4. Expenditures for general administration, supervision, maintenance and other
overhead or incidental expenses of the City are not eligible for federal
participation.
5. Acceptability of costs under this agreement will be determined in accordance with
the cost principles and procedures set forth in the applicable Federal Acquisition
Regulations, Contract Cost Prinapals and Procedures, 48 Code of Federal
Regulations (CFR) 31 which is hereby incorporated by reference and made a
part of this agreement.
6. For costs expected to exceed $ 14,600, the City must request the preparation
and execution of a supplement to this agreement, prior to incurring such costs.
C. STAFFING.
The City wiil designate a publicly employed licensed engineer, ("Project
Engineer"), to be in responsible charge of the Project and to supervise and direct
the work pertormed under any contrad let for the Project. If City elects to use a
private consultant for engineering services, the City will provide a qualified, full-
time public employee of the City, to be in responsible charge of the Project. The
services of the City to be performed pursuant to this agreement may not be
assigned, sublet, or transferred unless the City is not'rfied in writing by MnDOT
that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state
law. This written consent will in no way relieve the City trom its primary
responsibility for performance of the work.
�� (MnDOT Agreement No. 00516)
2. During the progress of the work on the Project, the City authorizes its Project
Engineer to request in writing specific engineering and/or technical services from
MnDOT, pursuant to Minnesota Statutes Section 161.39. Such services may be
covered by other technical service agreements. If MnDOT furnishes the services
requested, and if MnDOT requests reimbursement, then the City will promptly
pay MnDOT to reimburse the state trunk highway fund for the full cost and
expense of furnishing such services. The costs and expenses will include the
current MnDOT labor additives and overhead rates, subject to adjustment based
on actual direct costs that have been verified by audit. Provision of such services
will not be deemed to make MnDOT a principal or co-principal with respect to the
Project.
3. The City will furnish the personnel, services, supplies, and equipment necessary
to properly supervise, inspect, and document the woric for the Project.
D. SUBLETTING. The City may prepare request for proposals in accordance with
Minnesota law and applicable Federal laws and regulations.
1. The City may solicit proposais for Preliminary Engineering after obtaining writlen
notification from MnDOT that the FHWA has authorized the Project. Any Project
advertised prior to autho rization will not be eligibie for federal reim bursement.
2. The City will prepare the request for proposal, which will include all of the federal-
aid provisions supplied by MnDOT.
3. The City will prepare and publish the proposals solicitation for the Project as
required by state and federal laws. The City will include in the solicitation the
required Ianguage for federal-aid contracts as supplied by MnDOT. The
solicitation will state where the City will receive the sealed proposals.
4. The City may not i�clude other work in the contract for the authorized Project
without obtaining prior notification from MnDOT that such work is allowed by
FHWA. Failure to obtain such notification may resutt in the ioss of some or all of
the federal funds for the Project.
5. The City will prepare proposal packages and prepare and distribute any
addendums, if needed.
6. The City wiil receive open, and evaluate proposals.
7. After the proposals are opened, the City will consider the proposals begin
negotiations on the price of the Preliminary Engineering in accordance with the
practice commonly known as Quality Based Selection. If the proposal contains a
goal for Disadvantaged Business Enterprises, the City will not award the bid until
it has received certification of the Disadvantaged Business Enterprise
participation from tfie MnDOT Equal Employment OppoRunity Office.
8. This written consent will in no way relieve the City from its primary responsibility
for performance of the work. Subcontractor agreements must contain all
appropriate terms and conditions of this agreement.
E. CONTRACT ADMINISTRATION.
13 (MnDOT Agreement No DO516)
Page 3
1. The City will request approval from MnDOT for all costs in excess of the amount
of federal funds previously approved for the Project prior to incurring such costs.
Failure to obtain such approval may result in such costs being disallowed for
reimbursement.
2. The City will prepare reports, keep records, and perform work so as to enable
MnDOT to collect the federal aid sought by the City. The City will retain all
records and reports in accordance with MnDOT's record retention schedule for
federal aid projects.
3. Upon completion of the Project, the Project Engineer will determine whether the
work will be accepted.
F. PAYMENTS.
1. The entire cost of the Project is to be paid from federal funds made available by
the FHWA and by other funds provided by the City. The City will pay any part of
the cost or expense of the Project that is not paid by federal funds.
2. The City may request partial payments not more than once each thirty (30) days.
The Project Engineer will certify each partial payment.
3. The invoice and supplements thereto, will contain all details that may be
necessary for a proper audit. Such details will consist of at least the following:
(a) A breakdown of labor by individual, ciassification, dates and hours
worked times the applicable rate to arrive at a total dollar amount
for each individual.
(b) The labor additive shall be applied to total labor dollars.
(c) The equipment charges shall be broken down by type of
equipment times the applicable rate and dates used to arrive at
totai equipment charges.
(d) A detailed breakdown of outside services used and supporting
invoices and documentation that costs of outside services have
been paid.
(e) Detail for materiais, supplies, and other items with the description,
units, and unit prices included in the invoice. If materials or
supplies are purchased from an outside source, a copy of that
invoice should be included.
(� The invoices w+ll include 1 DO% of eligible charges applicable to
the Preliminary Engineering so that the prorata share of federal
and City participation can be applied to the total costs.
4. Following certification of the final estimate, the City may request reimbursement
for costs eligible for federal funds. The City's request will be made to MnDOT
and will include a copy of the certified final estimate along with the required
records. 14
(MnDOT Agreement No. 00516)
Page 4
5. Reimbursement of costs under this agreement will be based on actual costs.
G. LIMITATIONS.
1. The City will comply with all applicable Federal, State, and local laws,
ordinances, and regulations.
2, Nondiscrimination. It is the policy of the FHWA and the State of Minnesota that
no person in the United States will, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal
financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for
nondiscrimination in Title VI and through parallei legislation, the proscribed bases
of discriminatio� include race, color, sex, national origin, age, and disability. In
addition, the Title VI program has been extended to coves aN programs, activities
and services of an entity receiving Federal financial assistance, whether such
programs and activities are Federally assisted or not. Even in the absence of
prior discriminatory practice or usage, a recipient in administering a program or
activity to which this part appfies, is expected to take affirmative action to assure
that no person is excluded from participation in, or is denied the benefits of, the
program or activity on the grounds of race, color, national origin, sex, age, or
disability. It is the responsibility of the City to carty out the above requirements.
3. Workers' Compensation. Any and all employees of the City or other persons
while engaged in the performance of any wark or services required or permitted
by the City under this agreement will not be considered employees of MnDOT,
and any and all claims that may arise under the Workers' Compensation Act of
Minnesota on behalf of said employees, or other persons while so engaged, will
in no way be the obligation or responsibility of MnDOT. The City will require
proof of Workers' Compensation Insurance from any contractor and sub-
contractor.
H. AUDIT.
1. The City will comply with the Single Audit Act of 1984 and Office of Management
and Budget (OMB) circular A-133 including amendments and successors thereto,
which are incorporated herein by reference.
2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books,
records, documents, and accounting procedures and practices of the City are
subject to examination by the United States Government, MnDOT, and either the
tegistative Auditor or the State Auditor as appropriate, for a minimum of six
years. The City will be responsible for any costs associated with the
performance of the audit.
MAINTENANCE. The City assumes full responsibility for the operation and
maintenance of any facility constructed or improved under this Agreement.
J. CLAIMS. The City acknowledges that MnDOT is acting only as the City's agent
for accepiance and disbursement of federal funds, and not as a principal or co-
principal with respect to the Project. The City will pay any and a�l lawful claims
arising out of or incidental to the Project including, without limitation, claims
15
(MnDOT Agreement No. 00516)
Page 5
iv.
vi.
reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting
Standards No. 123 (Revised 2004) (FAS 123R), Shared
Based Payments.
Earnings for services under non-equity incentive plans. This
does not include group Irfe, health, hospitalization or medical
reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried
empioyees.
Change in pension value. This is the change in present value
of defined benefit and actuarial pension plans.
Above-market earnings on deferred compensation which is not
tax qualified.
Other compensation, if the aggregate vafue of all such other
compensation (e.g. severance, termination payments, value of
life insurance paid on behaif of the employee, perquisites or
property) for the executive exceeds $10,OQ0.
2. The City must repoit executive total compensation described above to the
MnDOT by the end of the month during which this agreement is awarded.
3. The City wili obtain a Data Universal Numbering System (DUNS) number and
maintain its DUNS number for the term of this agreement. This number shall be
provided to MnDOT on the plan review checklist submitted with the plans for
each projed. More information about obfaining a DUNS Number can be found
at: htto'//fedaov dnb comlwebform/.
4. The City's failure to comply with the above requirements is a material breach of
this agreement for which the MnDOT may terminate this agreemeni for cause.
The MnDOT will not be obiigated to pay any outstanding invoice received from
the City unless and until the City is in fuli compliance with the above
requirements.
II. DUTIES OF MnDOT.
A. ACCEPTANCE. MnDOT accepts designation as Agent of the City for the receipt
and disbursement of federal funds and will act in accordance herewith.
B, PROJECT ACTIVITIES.
1. MnDOT will make the necessary requesis to the FHWA for authorization to use
federal funds for the Project, and for reimbursement of eligible costs pursuant to
the terms of this agreement,
2. MnDOT witl provide to the City copies of the required Federal-aid clauses to be
included in the proposal solicitation and will provide the required Federal-aid
provisions to be included in the Proposal.
3. MnDOT wil� review and certify the DBE paRicipation and notify the City when
cert�cation is complete. If cert'rfication of DBE participation cannot be obtained,
then the City must decide whether to proceed with awarding the contract. Failure
to obtain such certification will result in the project becoming ineligible for federal
assistance, and the City must make up any shortfall.
1 6 (MnDOT Agreement No. 00516)
Page 7
reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting
Standards No. 123 (Revised 2004) (FAS 123R), Shared
Based Payments.
iii. Eamings for services under non-equity incentive plans. This
does �ot include group I'rfe, health, hospitalization or medical
reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried
employees.
iv. Change in pension value. This is the change in present value
of defined benefit and actuarial pension plans.
v. Above-market earnings on deferred compensation which is not
tax qualified.
vi. Other compensation, if the aggregate value of all such other
compensation (e.g. severance, termination payments, value of
life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
2. The City must report executive total compensation described above to the
MnDOT by the end of the month during which this agreement is awarded.
3. The City will obtain a Data Universal Numbering System (DUNS) number and
maintain its DUNS number for the term of this agreement. This number shall be
provided to MnDOT on the plan review checklist submitted with the plans for
each project. More information about obtaining a DUNS Number can be found
at: htto�l/fedaov dnb com/webform/.
4. The City's failure to comply with the above requirements is a material breach of
this agreement for which the MnDOT may terminate this agreement for cause.
The MnDOT will not be obligated to pay any outstanding invoice received from
the City unless and until the City is in full compliance with the above
requirements.
II. DUTIES OF MnDOT.
A. ACCEPTANCE. MnDOT accepts designation as Agent of the City for the receipt
and disbursement of federal funds and will act in accordance herewith.
B. PRQJECT ACTIVITIES.
2. MnDOT will make the necessary requests to the FHWA for authorization to use
federal funds for the Project, and for reimbursement of eligible costs pursuant to
the terms of this agreement.
3. MnDOT will provide to the City copies of the required Federal-aid c4auses to be
included in the proposal solicitation and will provide the required Federal-aid
provisions to be included in the Proposal.
4. MnDOT will review and certify the DBE participation and notify the City when
certification is complete. If certification of DBE participation cannot be obtained,
then the City must decide whether to proceed with awarding the contract. Failure
to obtain such certification will result in the project becoming ineligible for federal
assistance, and the City must make up any shortfall.
17
(MnDOT AgreemerA No. 00516)
Page 7
C. PAYMENTS.
1. MnDOT will receive the federal funds paid by the FHWA for the Project, pursuant
to Minnesota Statutes § 161.36, Subdivision 2.
2. MnDOT will review and certify each partial pay request. Following certification of
the partial estimate, MnDOT will reimburse the City, from said federal funds
made available to the Projed, for each partial payment request, subject to the
availability and limits of those funds.
3. Upon completion of the Project, the City will prepare a final payment request in
accordance with the terms of this agreement. MnDOT wiN review and certrfy the
final payment request with a final audit.
4. No more than 90°/a of the reimbursement due under this agreement will be paid
until completion of the final audit and approval by MnDOT's authorized
representative.
If MnDOT does not obtain funding from the FHWA or other funding source, or
fu�ding cannot be continued at a sufficient level to allow for the processing of the
federal aid reimbursement requests, the City may continue the work with local
funds oniy, until such time as MnDOT is able to process the federal aid
reimbursement requesfs.
D. AUTHORITY. MnDOT may withhold federal funds, if MnDOT or the FHWA
determines that the Project was not compieted in compliance with federal
requirements.
E. INSPECTION. MnDOT, the FHWA, or duly authorized representatives of the
state and federal govemment will have the right to audit, evaluate and monitor
the work performed under this agreement. The City will make available all books,
records, and documents pertaining to the work hereunder, for a minimum of
seven years following the closing of the construction contract.
III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have
responsibility to administer this agreement and to ensure that all payments due to the
other party are paid pursuant to the terms of this agreement.
A. The City authorized representative is Layne Otteson, City of Fridley Assistant
Engineer, 6431 University Avenue NE, Fridley, MN 55432, phone 763-572-3551,
or his successor.
B. MnDOT's authorized representative is Mao Yang, Minnesota Department of
Transportation, State Aid for Local Transportation, 395 John Ireland Boulevard,
Mail Stop 500, St Paul, MN 55155, phone 651-366-3627, or her successor.
IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the
resutts thereof to the extent authorized by law and will not be responsible for the acts
and omissions of any others and the results thereof. The Minnesota Tort Claims Act,
Minnesota Statutes Section 3.736, governs MnDOT liability.
V. . ASSIGNMENT. Neither party will as�ig8n or transfer any rights or obligations under this
(MnDOT Agreemen[ No. 00516)
Page 8
agreement without prior written approval of the other party.
VI. AMENDMENTS. Any amendmentslsupplements to this Agreement must be in writing
and be executed by the same parties who executed the orig+�al agreement, or their
successors in off�ce.
VII. TERM OF AGREEMENT. This agreemenl wi1V be effective upon execution by the City
and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and
will remain in effect for five (5) years from the effective date or until alt obiigations set
forth in this agreement have been satisfactoriYy fulfitfed, whichever occurs first.
VIII. TERMINATION. This agreement may be terminated by the City or MnDOT at any S ch
with or without cause, upon ninety (90) days written notice to the other party.
termination will not remove any unfulfilled financial obligations of the City as set forth in
this Agreement. In the event of such a termination the City will be entitled to
reimbursement for MnDOT-approved federally eligible expenses incurred for work
satisfactorily performed on the Project to the date of termination subject to the terms of
this agreement.
Remainder of this page left intentionally blank.
19
(MnDOT Agreement No. 00516)
Page 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending
to be bound thereby.
CITY
Ciry certifies that the appropriate person(s)
have executed the contract on iu beha[f as required by
applicable resolutions, ordinances, or charter
provisions
By: _
baze:
Title:
By: _
DEPARTMENT OF TRANSPORTATION
�
7itle: Director.
State Aid for Local Traasportation
COMMISSIONER OF ADMINISTRATION
2�
(MnDD7 AgreemeM No. 00516)
Page 10
1=
(]TY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2012
Date: Mazch 21, 2012
To: William Bums, Ciry Manager ���
From: James Kosluchaz, Public Works Director
Jack Kirk, Park and Recreation Director
Scott Hickok, Community Devetopment Director
Julie Jones, Planning Manager
Subject: Resolutions Authorizing DNR Local Trail Connection Grant Applications for a Moore
Lake Recreational Loop Trail — Phase I, and a Unity-Rice Creek Trail connection
Introduction
The Minnesota Department of Natural Resources (DNR) is soliciting proposals for their Outdoor
Recreational Program to increase or enhance outdoor recreation facilities throughout the State. Though
unsuccessful in the 2011 grant funding attempt through this program, the City came close to scoring enough
points to have both of the Cit}%s proposed trails funded. One application appeared stronger than the other and
that was the Unity Hospital to Rice Creek Regional Trail Connection (illustrations attached). The other
application required a much more significant financial commitment from the CiTy. In light of other TOD-
related bike/pedestrian enhancement opportunities available for funding currently, staff suggests delaying
pursuit of grant funding for the Moore Lake Loop project until next year.
Background
You may recall, in 2010 staff had been using SHIP funding to develop a comprehensive bike/walk access
Qlan for the City. During the process, many missi�g trail and sidewalk links were mapped, discussed, and
prioritized. When additional County SHIP dollars became available to fund the writing of grant applications
for needed trail connections, staff took advantage of the expertise provided to the City at no cost to us to
determine if any of the needed connections met the pazameters of available DNR grant funds in the March
2011 funding cycle.
Two different projects were pursued last year. One was to fund Phase I of a plan to complete two trail
sections that would build bike/ped loops around Moore Lake and the FridVey Middle/High SchoollCommons
Park Complex. This project was costly. In light of other gant applications underway that could consume
MSA funds available to cover the required local match, it is recommended that we delay application for that
projectin 2012.
The other project is for h�ail connections that would allow someone to walk or bike from Unity Hospital's
new one-mile Wellness Walk south on Ballet Boulevard to Madsen Park, across 73'� Avenue with the aid of
a push-button pedesh-ian crosswalk, and south on an existing trail on the Target Distribution site to the Rice
Creek Regional Trail in Locke Park at the location of the dog park. Currently, no paved trail allows someone
in a wheelchair or pushing a stroller to make these connections. As our community ages, and we have more
21
residents in scooters and wheelchairs, making these paved connections becomes increasingly important. The
total cost of this project is estimated to be $101,128. Staff is proposing that the City commit only to the
minimum 25% match required, which is $25,282. Staff is proposing that MSA funds be used to cover the
local match requirement.
Staff has hired the same consultant again to obtain input from the DNR staff on last year's application scores
and to revise the grant application narrative accordingly to better describe the benefits of the project. Since
one year has passed and oil prices have increased (thus paving costs), the project cost estimates completed
last year were increased 5%. But, since the match requ'vements reduced from 50% to 25%, the City's match
commitment is actually reduced from the 2011 application.
Recommendation
Staff recommends that the City Counci] approve the attached resolution, authorizing staff to re-submit the
grant applications for the Unity-Rice Creek trail project. If the DNR selects the project for funding, staff will
bring the iunding agreement back before Council for review before proceeding with the project
22
RESOLUTION NO. 2012-
A RESOLUTION AUTHORIZING APPLICATION FOR DNR LOCAL TItAIL CONNECI`ION
GRANT FCJNDS FOR LINITY HOSPITAL HEALTH WALK TO RICE CREEK REGIONAL TRAIL
WHEREAS, the City of Fridley supports a grant application made to the Minnesota DepaRment of
Natural Resources (DNR) for the Local Trail Connection Program, which will provide a connection from
Unity HospitaPs Health Walk to Madsen Pazk and across 73`d Avenue to the Rice Creek Regional Trail
Fridley; and �
WHEREAS, the City of Fridiey recognizes the twenry-five (25) percent match requirement of the Local
Trail Connection Program and has secured the matching funds;
NOW, THEREFORE, BE IT RESOLVED if the City of Fridley is awarded a grant by the Minnesota
Department of Natural Resources, the Ciry of Fridley agrees to accept the grant award, and may enter into
an agreement with the State of Minnesota for the above referenced project. The CiTy of Fridley wi11
comply with all applicable laws, environmental requirements and regulations as stated in the grant
agreement; and
BE IT FURTHER RESOLVED that the Ciry Council of the City of Fridley will act as iu own fiscal agent
for this project;
BE IT FURTHER RESOLVED that the City of Fridley hereby assures the connection from Uniry
Hospital Health Walk to the Rice Creek Regional Trail will be maintained for a period of no less than 20
years.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA
COUNTY, MINNESOTA THIS 26th DAY OF MARCH, 2012.
ATTEST:
Debra A. Skogen — City
23
Scott J. Lund - Mayor
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AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2012
qTY OF
FRIDLEY
To: William W. Burns, City Manager�;i �
From: Director of Public Safety Donovan Abbott
Captain Bob Rew�tzer
Date: Mazch 21, 2012
Re: Authorizing Master 5ervices Agreement Between the Network Medics, Inc. and City of
Fridley on behalf of its Police Department
This memo is written in support of the renewal of a service agreement with Network Medics, Inc. The
Police Department has contracted for services from Network Medics, Inc. since 2008.
Police tasks are information intensive whether an officer is investigating a low risk crime or attending
to an emergency situation. Although information management is not a police officer's core activity, it
is a critical aspect of their job. Currently the squad cazs utilized by officers aze outfitted with fixed-
mount ruggedized laptop computers that function as mobile data terminals allowing ofticers to access
and manage informaUon in a"mobile office" environment. The mobile computers connect via cellular
network to 911 dispatch information; criminal justice data network databases of driver's license
records, warrants, and stolen property; and police records on individuals and locations. The mobile
computers also provide a platform for the electronic generation, submission and review of incident
reports, DWI eCharging documents, and traffic tickets. Currently, 16 mobile computers aze shazed by
as many as 66 users — including patro] officers, detectives, administrators, community service officers,
and volunteer reserve officers. Mobile computers aze often in use 24 hours a day 7 days a week and it
is imperative that those systems operate with m�imum performance and connectivity and a minimum
of downtime.
Since 2008 monthly maintenance and on-call support for our mobile computer systems has been
contracted to Network Medics, Inc., an information technology firm based in Minneapolis that
specializes in designing, implementing, and servicing computer networks for small to mid-sized
orgazrizations. Network Medics, Inc. worked closely with our staff to incorporate appropriate
processes for routine maintenance, troubleshooting and diagnostics. The result has been the
development of a robust, dependable system that ow staff relies on to do their jobs effectively, safely,
and efficiently.
25
The Master Services Agreement spells out the relarionship between Network Medics, Inc. as an
independent contractor and the City of Fridley as a client. Attachxnent A spells out the scope of
services that Network Medics, Inc. is responsible for providing upon payment of an annual fee of
$21,875.00. The annual fee has remained unchanged since 2008 and has been a budgeted expense of
the Police Department. Attachment A.1 is a license agreement covering softwaze services that may be
provided by Network Medics, Inc.
The City Attomey has reviewed the Master Services Agreement and attachments and has negotiated
with the at[omey for Network Medics, Inc. to incorporate appropriate language to protect the interests
of the City of Fridley regazding termination of the agreement, data practices and liability.
Staff has been very pleased with the services provided by Network Medics, Inc. and recommends
approval of the renewal.
26
med ics
MASTER SERVICES AGREEMENT
This Master Services Agreement (the "AgreemenY) is made and entered into effective as of the 26th day of March,
2072 (the "Effedive Date°) by and between Network Medics, Inc., a Minnesota corporation with an office at 1200
Washington Avenue South, SuRe 30D, Minneapolis, MN 55415, ("Compan� and, City of Fridley, a Minnesota local
govemment agency, with an office at 6431 University Ave NE, Fridley, MN 55432 ("Client"), each individually a
("Party' and colledively the ("Parties").
WHEREAS, Company provide certain Services andlor Products (as defined below); and
WHEREAS, Client would like to acquire such Services andlor Produds as specified herein.
NOW THEREFORE, for good and valuable consideration, fhe receipt and sufficiency of which is hereby
acknowledged, tbe Parties further agree to the tertns beVow.
The Services andlor Product shall be provided in accordance with the tertns and condifions of this Agreement.
The PaRies' coMact informafion for notice purposes is as follows:
Z%
NeMrork Medks, Inc. MSA 1 Confidential and Proprietary
Master Services Agreement (continued)
1 TERM AND TERMINATION
1.1 Tertn. This Agreement will �mmence upon the Effective Date and continue until the first (1st) anniversary
of the Effedive Date ("Initial Tertn' unless earlier terminated under either Section 12 or 1.3. If not earlier
terminated, this Agreement shalt automatically renew for add'Rional one ('I) year period(s) (each a"Renewal Term").
The Initial Term and any Renewal Tertn shall collectively be referred to as the "Term°.
1.2 Tertninatlon for Convenience. Either PaRy may tertninate any Attachment A and/or this AgreemeM for
convenience without quse at any time by providing the other Party at least thirty (30) days prior written notice. The
Agreement may not be terminated for convenience unless all outstandinq Attachment A's have been separately
terminated as set forth therein.
1.3 Tertnination for Cause. Upon termination for cause under this Section 1.3, all outstanding Attachments
shall be terminated for cause as well.
(a) Material Breach. Either Party may tertninate any Attachmerrt A andlor this Agreement for cause, if the other
Party breaches a material tertn or condition and faifs to cure such breach within ten (10) days of written
nofice of fhe breach.
(b) Insolvency. Either Party may tertninate this Agreement for cause immediately upon written notice of
termination, if the othet Party makes an assignmeM of all or part of its assets for ttie benefit of creditors, os
becomes the subject of a voluntary or involuntary petkion in banlwptcy or any proceeding, relafing to
insoNency, receivership, liquidation or composition for the benefit of aed'ROrs (collecti�ely "Petitions°),
provided that such Petitions are not dismissed within sbcty (60) days of filing, or if the other Party fails to
inform the tertninating Party in writing within five (5) business days of the Petftion.
1.4 Obligations upon Terminatian. Upon the efientive date of terminatbn of any Attachment A andlor this
Agreement, with regards to the applicable Attachment A: (i) Company will cease providing Services; (ii) Client will
cease using the Services; and (iii} ail payment obligaGons of Client will immed'�ately become due for Services through
the date of tertnination. The Parties will also comply with its obligations spedfied in Section 4.4. In the event of
tertnination, Ciient has the option to request that Company provide CIieM with Client Data in a standard format
provided that Client pays Company for such transition services based on the Company's standard time and materials
rete
2 SERVICES TERMS. Company agrees to provide professional sanrices (i.e. consulting or help desk),
hosting, soflware development, software customization (collectively "Services'�, andlor sell select sofivare and
equipment (`Products� for which Company is a licensed authorized reseller as specified on an Attachment A—
Services Specification Fortn ('Attachment A�, each executed Attachment A shall be attached hereto and
incorporeted herein by reference. The Services are proprietary to Company and are protected by intellectual property
laws and other laws. The Produds are proprietary to a third party with Company permitted to resell such Produds as
an autMrized reseller. Each Attachment A shall contain a description of any Services, Deliverables, Products and
fees assoaated therewith. Any changes to Services or Deliverables shall be documented in a written change order to
the applicable Attachment A executed by the Parties.
2,1 Company AcknowledgemerM_
(a) IndependeM Contractor. Company acknowledges and agrees that Company is not an employee of CIieM
and is not entitled to any rights, benefits or privileges provided by Client to its employees. The parties are
independent conVadors and nothing in this Agreement shall be construed to make the Parties partners, joint
verrturers, representa6ves or agents of each other, nor shall either Party so represent io any Nird person.
No employer-employee relationship is intended to be aeated by this Agreement. Company shall have sole
control over the manner and perfortnance of Services.
(b) Client Data. Company adcnowledges that Client owns all right, title and interest in, and retains any copyright
and other intelledual property rights in all Client data uploaded or entered through the Services by C1ieM or
ClienYs authorized users (`Client Data").
(c) Company Agents. Company acknowledges and agrees that Company is responsible and liable for any
Services perfortned by a Company officer, employee or agent ("Company AgeMs°). Company will ensure
that any of Company Agents providing Senrices to Client under this Agreement are aware of the obiigations
of this Agreement and will csuse Company Agents to be bound by the same.
(d} Work on ClienYs Premises. While on ClienYs premises, Company and Company Agents shall abide by all
Client policies and procedures. If Gompany is given access to any Client physical location, computing
equipment, applications or the Client computer neMrork, Company agrees to and shall direct Company
Agents to use such equipment, applications and network access in compliance wRh Client polides and
procedures; Company shall limit such use and access as necessary to fulfill its obligations under this
Agreement.
28
N�� M�.� �� M� 2 Confidential and Proprietary
Master Services Agreement (continued)
2.2 Client Acknowledgement
(a) Business Information. CIieM shall timely provide all materials, login credentials, passwords, licensing and
other infortnation required by Company to provide Services, upon request by Company.
(b) Supplier Limitation. Client agrees that the Services are proprietary to Company, but access to the Services
and/or Products may inGude hardware, software elements and other proprietary materials from Company's
suppliers and agents that may be subjed to license restrictions and/or produd availabiiiry. Client
acknowledges that the Services andlor Products may be subjed to the license limitations and/or availability
limitations of Companys suppliers and agents. Where commercialy reasonable, Company will provide
cop'ies of such license limitations upon written request. When a specific Product is not wmmercially
available, CIieM adcnowledges that Company may substitute an equivalent product.
(c) EquipmenNlntemet Access. Client shall be so�ely responsible for providing, maiMaining and ensuring
compatibility with the Servlces access requirements, all hardware, soRware, eledrical or other physipi
providemanocessf wnnedions, I nks�, web b o' se�or other equ pme�p�o9� �t'and servicesmrequ�edo
access the intemet to use the Services.
(d) Services UselAvailability. Client adcnowledges that only Client employees and agents wRh prior written
lews and regulations SThe Services are prov ded underthe te'rms and condrt ons oftFiis Agreeement pplicable
{e) Backup. Client is responsible for its own security, badcuP and recoverability of Client Data.
($ Company DaWWorlc Product. CIieM acknowled9es that Company owns all right, title and interest in, a�d
retains any copyright and other intellectual property ri9hts in all data provided through the Services and
colleded, devebped or licensed by Company for use in conjundion wi[h the Services ("Company DaU").
Client adcnowledges that Company owns all Company Data and that any Company Data provided to Client
under this AgreemeM is to be used only for ClienPs intemal purposes in accordance v�th the tertns of this
agreement. All reports, p�ans, notes, analysis, documents and Company Data (collective�Y "Work Produci)
shall remain the property of Company. No Work Product may be used vrith any thircl party vrithout the
written pertnission of Company. Notwithstanding the foregoing, to the extent Company delivers any final
work produd to Client (each a"Delive2ble' as is expressty set forth in the appliqble Attachment A,
Company hereby grents CIieM a limited, non-exclusive license to use the Delivereble for ClienYs iMemal
business purposes provided that Client has paid the fees associated with such Deliverable as set forth in the
applicable Attachment A.
2.3 Delays. Any delay or nonperfortnance of any provision in this Agreement caused by cond'Rions beyond the
reasonable control of the perfortning Parry shall not constitute a breach of the Agreement, provided that the delayed
Party has been noY�ied in writing of the delay and anticipated duration and the performing Party makes reasonabfe
efforts to continue to perform and mitigate any negative impad of the delay. Conditions beyond a Partys reasonable
control indude, without limitation, natural disasters, ads of govemment, power faiVure, naturel disasters and ads of
god, riots, acts of war and epidemics.
3 FEES AND PAYMENT. CIieM is respo�sible for paying the fees and e�enses associated with the Services,
peliverables or Products provided under this Agreement as specified in the applipble Attachment A.
3.7 Fees. Client shall pay Company all fees and expenses for Services, Deliverebles and/or Produds as
invoiced by Company to Client
(a) Payment Due. CIieM shall pay Compan�s properiy submitted invoices upon receipt. If not specified
otherwise in the applicable Attschment A, Company shall invoice Client moMhly for Services, Deiiverebles
and Produds. If Client disputes any portion of any invoice, C(ieM shati immediately notifY Company with
suificient detail to allow the Parties to resoNe the dispute in good faith.
(bj Late Payments. CIieM agrees ihat 'rf any undisputed invaces are not paid to Company within thirty (30)
days of when due, that Company may, at its sole discretion, assess a late fee of the lesser of one and a half
percent (1.59'0) per month or the maximum pertnissible by law. Company shail also have the option to
either: () stop performance of Services pending payment in full for the past due invoices and such action
shali not constitute a breach of this Agreement; or (ii) tertninate the applicable Attachment A for cause.
(c} Ezpenses. Client sF�all reimburse Companys expenses, as may be more fulty specified in the applicable
Attachment A, which are timey submitted to Client. Expenses shall be deemed timefy if submitted to Client
within ninety (90) dalrs of when such expense was incurred.
�d� p f��t (g0 %) of alPl P oduct orders with a total�cost often-thousand dollars ($10,'000) or g ea eyr.ment of fifty
29
Network Medics, Inc. MSA 3 Confidential and Proprietary
Master Services Agreement (continued)
3.2 Obiigations for Company Suppliers and Agerrts. Company acknowledges and agrees that it is solely
responsibVe for the payment of any compensation to Company Agents or suppliers of Produds under any authorized
reseller agreemeM, incfuding taxes, contributions and benefits. Client will not have any obligation to pay any amount
to Company Agents or suppliers, inciuding "overtime' or premium paymeMs.
3.3 Credit Card Payments. If Senrices or Products are to be paid by credit card paymerA, CIieM is responsible
for providing a valid credit card number at the time Ciient registers to pay for any Services or Products by credR card.
CfieM represents and warrants that Client is an authorized user of the credk card number proNded, and Client agrees
to pay all charges resulting from ClienYs account for the Services ordered at the fee prices then in etfed, including
any unauthorized charges inwrred prior to ClienYs notifying Company of such charges. Client agrees that Company
may pass CIieM's credit card infortnation and personally identifiable infortnation to fts designated service provider(s)
for Meir use in processing the credit rzrd payment for the Services or Products ordered.
3.4 Taxes. All Services fees are exclusive of sales and other taxes and Client is responsible for payment of any
appiicable federel, state, local and city ta�ces. Client shall not be liable for any taxes based on Company's net income.
3.5 CancellatioNEarly Tertnination Charge. If Client cancels terminates an Attachment A or this Agreement ,
for convenience, or if Company terminates an Attachment A andlor this Agreement for cause, the� Cfient
acknowledges that as a retum of discounts or priang considerations that Client will: (i) not receive a refund for any i
pre-paid Services for the wrreM pre-paid period; (ii) owe Company an early tertnination charge to retum discounts or
other consideretions made to pricing of Services or Deliverables in the amount of (A) thirty percent (30%) of monthly
hosting fees for the remainder of the hosting contrad term andlor (B) the retum of Servuzs dis�unt incorporated in
the Services fees for the remaining term of the Services pQ�iod anSicipated under the applicable AttachmeM A. Client
may cancel Services at any time and such cancellation will become effective at the end of the current Service period
in which notice is received by Company.
4 CONFIDENTIALITY OBLIGATION. If the Parties have signed a non-disdosure ag2emeM, ihe
confidentiafity obligation in such agreemeM shall be deemed incorporeted into this Agreement to proted any
Confidential Infortnation provided under this Agreement. If no such non-disclosure agreement has been executed by
the Parties, then the Parties agree that any Confidential Infortnation provided under this Agreement is subjed to:
4.7 Confidentiality. Company adcnowfedges and agrees that data created, collected, received, stored, used, ,
maiMained or disseminated by Company under the Agreement is subject to the Minnesota Government Data
prectices Act, Minnesota Statutes, Section 13.01 et seq. (the `Govemment Data Prectices AcY), as a service
provider to Client, that CIieM and Company, as ClienYs service provider, are subjed to the requirements of the
Govemment Data Precf�ces Ad in the pertortnance of this Agreement, and that Client and Company, as ClienYs
service provider, are subject to the remedies provided in Minnesota Statutes, Section 13.08. To the exteM this
Section 4 conflicts with the Govemment Data Pradices Act, the terms and conditioris of the �ovemment Data
practices Act shall control. All nonpublic technical or business information disdosed by one Party to the other Party,
induding without limitation, products, services, tools, techniques, soflware, dowmentation, data and designs,
infortnation related to a party's business plans and/or customers shall be deemed "Confidential Infortnation" and
shall be deemed the property of the disdosing party and shall be retumed upon request. 'Confidential Infortnation°
shall also include all Cfient and Company Data or any irrfortnation reasonably understood to be confidential.
Confidenf�al Infortnation shall be used solely for the purposes of administerin9 and othenvise implementing Me terms
of this AgreemeM.
4.2 Obligation. Each Party shall restrict disclosure of such Confidential Information solely to its employees and
agents with a need to know in order to provide the Services under this Agreement and shall use a reasonable degree
of care (n no event less than the same degree of care it uses for fts own proprietary infortnation) to prevent the
unauthorized disdosure, use or pubiicstion of such Confidential Information. As Client is subject to compliance with .
Minnesota Statutes, Section 13.08, to proted the confidential information of residents of the State of Minnesota,
Company acknow�edges that as a service provider on behalf of Clie�t that this obligation extends to Company's
Services. In any daim under Minnesota Statutes, Section 13.08, to the eMerrt the release of conf�dential data is due ,
to Company's acts or omissions under this Agreement, Company agrees to indemn'ify, defend and hold Client
hartnless from such daim to the extent that the daim is due to Compan�s ads or omissions. In the event such daim
under Minnesota Statutes § 13.08 is due to ClienYs ads or omissions, Client shall indemniiy defend and hold
Company harmless from such daim. In either case, indemnification obligation will be subjed to obligation terms
under Sedion 5.3(c).
4.3 Exceptions. The receiving Party shall have no obligation to preserve the confidentiality of any information
which: (1) was previously known to the receiving Party free of any confidentiafity obligation; (2) is disclosed to third
parties by the disGosing Party without restrictions; (3) becomes publicly available by other than unauthorized
disGosure; or (4) is independently developed by the receiving Party. Tne receiving Party shall bear the burden of
proof for relying on one of these exceptions.
4.4 RetumiDestroy Obligation. Upon any tertnination of this Agreemenf, the receiving Party will promptly
retum to the disdosing Party, or at the disclosing Pa1A�S�option destroy, all tangible coqes of the disGosing Party's
Confidential Information in its possession or control. �$A� receiving Party is unable to reasonably retum or destroy
Nehvork Medics, Inc. MSA 4 Confidentiai and Proprietary
Master Services Agreement (continued)
any Confidential Information, the receiving Party that it shall continue to have a confidentiafity obligation with regards
to such Confidential Infortnation until all such Confidential Information has been either retumed or destroyed. This
Section 4 shall survive tertnination of this Agreement.
4.5 Injunctive Relief. The receiving Pariy adcnowledges that any Confidential Information disclosed may be
proprietary andlor trade sed'ets, and in the eveni of any breach of the receivi�g Party's confidentiality obligation, the
disclosing PaRy shall be entitled to injunctive relief as a cumulative and not necessarily successive or exdusive
remedy to a claim for moneiary damages.
5 REPRESENTATIONS AND WARRANTIES
5.1 Company Representations and Warranties
(a) General. Company represents and warran[s that: (i) this Agreement has been validly executed and
del'rvered by Company and that this Agreement constitutes the legal, valid and binding obligation of
Company enforceable against Company in acxordance with its terms, subjed to bankruptcy, insolvency,
reorganization and other laws affeding aed'AOrs' rights generelly, and with regard to equitable remedies, to
the discretion of the court before which proceedings to obtain those remedies may be pending; and (i)
Company has all requisi[e authority to enter into this Agreement and to carry out the transactions
contemplated by th�s Agreement, and that tfie execution, delivery and perfortnance of this Agreement and
the wnsummation of the transactions contemplated by this Agreement have been duly authorized by all
requisite adion o� the part of Company.
(b) Specfic. Company represents and wartants that (i) Company is qualified to perfortn Services hereunder,
(ii) Company will perform such Services in a profess'ronal and timely manner and in accordance with any
standards specified: and (iii) Company has all rights necessary to provide Services, Deliverebles or Produds
to Client hereunder. Company wa�rants Deliverables to materially comply with acceptance criteria until
acceptance by Clierrt.
(�) Product. Company dces not make any representations or warranties to any Products provided under this
Agreement; Company will pass through any original manufadurers warranty.
5.2 Client Representations and Warranties.
(a) General. Client represents and warrants that: (i) this Agreement has been vafidly executed and delivered by
CIieM and that this Agreement constitutes the legal, valid and binding obligation of Client enforceable
againsi CiieM in accordance with its lertns, subjed to bankruptcy, insolvency, reorganization a�d other laws
affecting creditors' rights generally, and with regard to equitable remedies, to the discretion of Me court
before which proceedings to obtain those remedies may be pending; and (ii) Client has all requisite authority
to enter into this Agreement and to carty out the transactions contemplated by this Agreement, and that the
execution, delivery and perfortnance of this Agreement and the consummation of the Vansactions
coMemplated by this Agreement have been duly authorized by all requisite action on the part of Client.
(b) NonSolicitation. CIieM represeMS and warrants that Client shall not, during the term of this Agreement
and for a period of two (2) years after tertnina6on of this Agreement, diredly or indirectly solicit, induce,
facilitate or attempt solicit, induce or fadlitate any of Company's employees to terminate their employment
relationship with Company for any reason; cause or encourage any of Companys empbyees to not faithfully
and diligently discharge the duties they owe to Company, or hire, engage or accept services irom any
Company's employees or to assist others to hire, engage or accept services from such employees.
(c) Complfance. CI'ient represents and warrants that Client will comply with all state, federal and local laws and
regulations in regards to Me use of Services, Deliverables andlor Produds.
5.3 I�emnification
(ay Client Indemnification. Subjed to the tort liability limils of Minnesota Siatutes, Chapter 466, Client shall
indemnify, defend and hold hartnless Company, its partners, officers, employees, diredors, agents,
contractors, representatives, successors and assigns from and against any liability, loss, Gaim, action,
demand, and expense (inGuding reasonable attomeys' fces) (collectively "Claims") arising out of or resuwng
from, or alleged to resuR fran any third party Claims, except for those Claims addressed in Section 5.3(b),
based on ClienYs use of the Services, Deliverebles or Produds. Subjed to the tort liability limits of
Minnesota Statu[es, Chapter 466, Client will defend such Claim at Rs e�ense and will pay all costs and
damages that may be awarded against Company, Rs partners, officers, empbyees, directors, agents,
conVadors, reprssentatives, successors and assigns incurred and resuRing therefrom.
(b) Company Indemnifiwtion. To the fullest extent pertnitted by law, Company shall indemnify, defend and
hold harmless Client, its City Couacil members, partners, officers, employees, diredors, agents, contradors,
representatives, successore and assigns from and against all third party Claims arising out of (1) any
disputes that any Deliverables at the time o �er to Client by Company infinge upon any United States
registered patent, copyright, trade secret or ��i intellectual property right of a third party and provided that
Network Medics, Inc. MSA 5 Confidentiat and Propnetary
Master Services Agreement (continued)
such Claims are not based on any use of the Deliverable or due to ClienYs modif�cation of the Deliverable
after delivery to Ciient; and (2) any violation of the Minnesota Govemment Dffia Practices Act solely to the
extent due to Company's acts or omissions. Company will defend such Claim at its expense and will pay all
damages that may be awarded against CIieM, its City Council members partners, officers, employees,
diredors, agents, cont2dors, representatives, successors and assigns incurred and resulting therefrom.
(c) Obligations. An indemnified Party under this Sections 5.3(a) and 5.3(b) shall: (i) notify the indemnifying
Party promptly in writing of the Claim; (i) permR the indemnifying Party sole control to defend, compromise
or settle the Claim (provided the indemnifying PaRy may not settle a�y Claim withou[ the consent of the
indemnfied Party where the settlement involves a remedy other than the payment of money); and (iii)
provide all available and commaraally reasonabVe information, assistance and auttrority at the indemnifying
Party's e�ense to enable the indemnifying Party to defend the Claim. The indemnified Party may participate
in the defense or settlement of any Claim at its own expense. A failure by an indemnified Party under this
Sedion 5.3(c), shall only affect an indemnifying Party's obligations under Section 5.3 to the extent such
failu2 materially prejudices the indemnifying Partys ability to defend a Claim under such Sections.
6 DISCLAIMER/LIMITATIONS ON LIABILITY
6.'1 DISCLAIMER. AS NOTED IN THIS AGREEMENT, THE SERVICES, AS WELL AS THE DELIVERABLES
UPON ACCEPTANCE, ARE PROVIDED ON AN "AS IS" BASIS. Client adcnowledges that no compuler sysiem or
software can be made completely stable or sewre, and that Company cannot guarentee the stability, safety or
security of ClienYs network or data. THE WARRANTIES CONTAINED HEREIN ARE EXCLUSIVE AND IN LIEU OF
ALL OTHER WARRANTIES. COMPANY DOES NOT WARRANT THAT THE DELIVERABLES OR SERVICES
SHALL BE COMPLETELY FREE FROM ERRORS OR THAT THE OPERATION OF ANY SOFIWARE SHALL
CONTINUE UNINTERRUPTED.
6.2 LIMITATONS ON LIABILITY. COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTiES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING
WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR
WITH RESPECT TO ANY DELIVERABLE. COMPANY NEITHER WARRANTS THAT THE SERVICES OR
DELIVERABLES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES COMPANY
MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES OR
DELIVERABLES. Some jurisdictions do not albw the ezdusion of implied warranties, so the above ezdusion may
not apply to Client.
6.3 DAMAGE LIMITATION. EXCEPT WITH RESPECT TO (A) ANY RECKLESS, GROSSLY NEGLIGENT OR
WILLFULL MISCONDUCT AND (B) BREACFi OF INDEMNIFICATION OBLIGATIONS OF SECTION 5.3, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLIENT, COMPANY OR ITS
SUPPLIERS OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE,
LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY
LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION,
NEGLIGENCE, DUTY TO WARN AND STRICT LIABILITI�, PRODUCT LIABILITY, OR OTHERWISE, ARISING
OUT OF OR IN ANY WAY CONNECTED W(TH THE USE OR PERFORMANCE OF THE DELIVERABLES OR
SERVICES, WITH THE DELAY OR INABILITY TO USE THE DELIVERABLES OR SERVICES, OR WITH THE
PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY CONTENT CONTAINED ON OR PROVIDED THROUGH
THE DELIVERABLES OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
IXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THESE LIMITS. Company, its suppliers and agents
shall be liable only to the eutent of verifiable, actual damages incuRed by CIieM directly related to the applicable
requested and paid for Services or Deliverebles, not to exceed fhe fees CIieM paid fir the applicable Services or
Deliverables in the three (3) monfhs prior to the date of the event giving rise to such damages. CIieM acknowledges
antl agrees fhat neither Company nor its suppliers w agenYS are liable for any personal injury, inGuding death,
caused by ClienYs use or misuse of the Services or Deliverebles. My claims arising in connedion with ClienYs use of
the Services or Deliverables must be brought within one (1) year of the date of the event giving rise to such adion
oxurred. Remedies under tli�s Agreement are exdusive and are limited to those expressly provided for in this
Agreemerft. If CI'�ent is dissatisfied with the Services or Deliverables, ClienYs soVe and exdusive remedy shall be for
Client to discontinue use of such Services or Deliverables and/or damages as limited under this S�tion 6.3.
6.4 AGREEMENT. CLIENT ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY SET
FORTH P.BOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND NEITHER THE DELIVERABLES
NOR SERVICES WOULD BE PROVIDED TO CLIENT ABSEhlT SUCH LIMITATIONS OF LIABILITY.
7 GENERAL PROVISIONS
7.1 Agreement This Agreement constitutes the entire agreement and understanding among the Parties with
respect to the subject matter hereof and supersede�j pnor and contemporaneous agreements, understandings,
inducements and conditions expressed or implied, bF91'or written, of any nature whatsoever with respect to fhe
Network Medics, Inc. MSA 6 Confidential and Proprietary
Master Services Agreement (continued)
subject matter hereof. This Agreement shall be binding upon and inure to the benefR of tFie Parties, their successors,
and assigns. This AgreemeM may not be modfied or amended other than by an Agreement in writing signed by the
Parties. The terms of this Agreement shali take precedence over any terms in any attachmerri or other agreement
incorporated herein.
7.2 Goveming Law/Jurisdiction. Company is based in Minnesota. Company makes no daims that Compan�s
Services or Deliverabies are appropriate or may be downloaded outside of the Unifed States. If Client accesses the
Services or Del'rverables from outside the Unked States, Client dces so at ClienYs own risk and responsibility for
compliance with laws of ClienYs jurisdiction. This Agreement and the resolution of any dispute related to the terms of
this Agreement, Me Deliverables or the Services shall be govemed by and consVued in accordance with the laws of
Minnesota, wRhout giving effed to any principles of conflids of law. Any legal action or proceeding between Company
or its suppliers and Client related to this Agreement, the Deliverebles or the Services shall be brought exdusively in a
state or federal court of compet�t jurisdidion sitting in Hennepin County or Minneapolis, Minnesota.
T.3 Waiver. Companys faiVure to insist upon strict errforcement of any provision(s) of this Agreement shall not
be conshued as a waiver of any provision or right.
7.4 Assignment. Neither Party is permitted to assign this AgreemeM or any of its rights and obligations
pursuant to this Agreement, in whole or in paR, without the prior written conseM ot the other Party.
7.5 Counsel Review. This Agreement represents the adual and intended agreement of the Parties hereto and
shall nof be construed against any Party as a resutt of its role or the role of its counsel in preparing this Agreement.
Each Party acknowledges that ft has had the opportunity to be represented by counsel and to have the terms of this
Agreement reviewed by counsel.
7.6 Severebiiity. Should any provision of this Agreement be held invalid or unenforceable, such invalidity will
rwt invalidate the whole of this Agreement, but rather that invalid provision will be amended to achieve as nearly as
possible the same economic effect as the original provision and the remainder of this Agreement will remain in full
force and effed.
7.7 Third Party Benefciaries. Nothing in this Agreement is intended to, or shall, create any third-party
benefidaries, whether intended or inaderdal, and neither Party shall make any representations to any person to the
contrary.
7.8 Notices. No6ces under this Agreement shall be in writing and shall be deemed given when: (i) delivered
personaAy, (ii) on the date sert by facsimile or e-mail; (ii) three (3) business days after the date serrt by certified mail,
postage prepaid with retum receipt requested to the notice address contained herein; or (iv) upon written confirmation
of delivery by recognized intemational cartier sent by ovemight service.
7.9 Insurence. Company agrees to carry and maintain in force at all fimes during the Tertn the lines of
insurence coverege with minimum policy limits as folbws: (a) Wakers' Compensation — Statutory with limits as
prescxibed by applicable state law; and (b) Commercial General Liability with limits of $1,DOD,000.00, combined single
IimH bodily injury and property damage, per oxurrence, and $2,000,000.00 in the aggregate. Upon request by
Client, Company agrees to name Client as an add'R'ronal insured under the Commercial General Liability policy and to
provide to CIieM certificates of insurance evidendng such cove2ge. Company agrees to provide Client with
reasonable advance notice of any cancellation or lapse of the 'insurence coverage noted above; Comparry iurther
agrees that any such cancellation or lapse will be deemed a material breach. '
7.10 Survival. The following provisions shail survive expiretion or tertnination of this Agreement: Sections 4, 5,
6 and 7.
� 2011-2012, Neri+ork Medics, Inc. All rights reserved.
This confidential and proprietary document is produced by Nehvork Medics, Inc. for the intemal use of Client.
Duolication, disfribu[ion, w modfiption of this dowment wHhouf prior written pertnission of Network Medics, Inc. is
±t�
Network AAedics, Ine. MSA 7 Confidential and ProprieWry
t"1"i�d 1�5
MASTER SERVICES AGREEMENT
ATTACHMENT A— SERVICES SPECIFICATION FORM
This Attachment A— Senrices Specification Form ("Attachment A'� is effedive as of the 26th day of March, 2012
("Attachment A Effective Date") to detail the Services to be perfonned in accordance with the terms and conditions
of the Master Services Agreement ('AgreemenC) between Network Medics, inc. ("Company") and City of Fridley
("ClienY). Capitalized terms not defined herein shall have the meaning set forth in the Agreement.
1.
E#
ServicesfScope. Company will provide Network, Web, Soflware and Professional Services ("Services") on
a monthly basis as described below and on an'as-needed" basis as direded by Client.
a. VitalSupport - 16 Hours per month (scheduled service and/or on-call)
i. Monthly updates for 1520 squad laptops including Microsoft software & security updates,
SOPHOS antiviruslmalware updates 8 scans, hardware driver & u5lity updates,
troubleshooting & technology consulting
ii. On-call support for 1 S20 squad laptops and S7 officer stations including troubleshooting
& diagnostics via Taskfire, phone, email, and FPD Portal, software foces and installations,
Hardware Installa6on, and Monitoring and Alert Response
b. Taskfire Co-Managed Help Desk for 2 users with services induding configuration and user training,
ongoing user support, and ongoing response to tickets transferred to Company.
c. Fridley Police Departrnent PoMal induding final development of portal site, assistance with data
import, ongoing support for users, and hosting in a Tier III SAS 70 Type 11 certified datacenter.
d. Professional Services induding process evaluatron and documeMation, continual review of
maintenance process, corrtinual review of blue slip process via TaskFire, phone, email, FPD Portal,
creation of Squad Computer Service Procedure Guide
e. Monthty Status Reporting.
f. liaison with Panason'�c, Verizon Wireless, APS, PSSI, accessories and hardware puichasing, and
any other warranty and troublestrooting.
g. Additional Work, Produds and Services. Client may request Work, Products and Services not
inGuded in the scope above. Client understands that said Work, Products, and Services will be
invoiced separetely and ag2es to pay such invoices according to the terms of thie Master Services
Agreement.
Term ! Renewal / Termination.
a. Term. This Attachment A shall be in eBed between January 1, 2012 and December 31, 2012 and
become paR of the Master Services Agreement.
b. Renewal. This AKachment A may be renewed upon expiration. Services may be adjusted at the
time of renewal. Any changes in services may resuR in changes in fees.
c. Tertnination. CIieM may terminate this Attachment A for convenience at any time by providing
written notice to Company. Nohaithstanding anything to the contrary in Section 3.5 of the
Agreement, in the event Mat Client tertninates for convenience, Client acknowledges that a thirty
percent (30%) earty tertnination fee will be d�ucted before Company refunds the remaining
prepaid fees on a pro-rata basis to Clierrt. Company may tertninate this Agreement for cause by
providing written notice to Client as specified in the Master Services Agreemerrt.
3. Paymenffi / Fees / Expenses.
a. Fees. Comparry and CIieM agree that Client will pay for Services in a lump sum payment of lwen
one thousand eiaht hundred sevenri five dollars and nd100 (S21 875.001.
b. AddRional Work, Produds, and Service. Client a9rees to pay properly submitted invoices per the
terms of the Master Services AgreemeM for any Additio�al Work, Produets, or Services.
c. Rate Changes. Fees are subjed to change on an annual basis upon thirty (30) days written notice
to the Clierrt Primary Contact listed below.
d. No Refunds. Fees for Services are not refundable, except as provided for in Section 2.c. above.
e. Expenses. Company will be paid for reasonab{e, related expenses induding, but not limited to,
Vavel, lodging, and inadental eupery�e;,
34
Network Medics MSA Attachment A i Cor�fWential and Proprietary
MASTER SERVICES AGREEMENT
��d I C� ATTACHMENT A- SERVICES SPECIFICATION FORM
This Attachment A will be effective and become an integrel part of the Agreement upon signature of an authorized
representative of both Parties. This Attachment A supersedes any and all previous or contemporaneous a9reements
and understandings wRh respeG to the subject matter hereof.
35
Nelwork AAedics MSA Attachment A ii . Confidential and Proprietary
me�ic�
Software Services.
MASTER SERVICES AGREEMENT
ATTACHMENT A.1 — Software Services
(a) Grent of License. Company hereby grants Client a limiled, non-exGusive license to use, execute, store,
and display the object code version of the software portion of a Deliverable ("Software°) specified on the
applicable Attachment A only for ClienYs intemal business purposes in accordance with the terms of this
Agreement ("License7.
(b) Use of Copies. Client shall have no rigM to make or use additional copies of the Software. ClienYs access
any Software documentation is solely for CIieM's use of the Soflware.
(c) License Restrictio�. E�ccept as othenvise pertnitted under this Agreement, Client shall noY (and shall not
assist any third party to): (a) decompile, disassemble, or oiherwise reverse engineer or attempt to
reconsWd or derive any source code (or undedying ideas, algorithms, structure or organization) from the
Software or from any other infortnation by any means whatsoever; (b) distribute, disdose or al�ow use of any
of the Soflware in any format Mrough any timesharing device, service bureau, network or by any other
means, to or by any third party; or (c) modify or create a derivative work of the Software or any portion
thereof.
(d) Ownership of Sofiware and Customizations. The Software and alt derivatives shall be and remain the
property of Company or third parties whi� have granted Company the rigM to license the SoRware and
Client shall have no rights or iMerests therein except as set forth in the Agreement and the applicable
Attachment A. The ownership of software developed or customized for the Client shall be govemed by the
details in the applicable Attachment A.
(e) DelNerables and Acceptance.
(i) Deliverables. CIieM acknowledges and agrees that all wrork produd developed, created or modfied as
part of Services shall be owned by Company unless otherwise e�ressly specified in the applicable
Attachment A. Notwithstanding the foregoing, to the extent Company delivers any final work product to
CIieM (each a"Deliverable'�, Company hereby grants Client a limited, non-exdusive license to use the
Delivereble for ClienYs intemal business purposes provided that Client has paid the fees associated with
such Deliverable.
(ii) Acceptance. Company will produce each Deliverable and perform Services at the time and manner
specified in the applicable Attachment A. Each De�iverable will be subject to acxeptance by Ciient based
on material compliance to any acceptance criteria specified in the applicable AtlachmeM A. Any
specificafrons or design plans provided by Client to Company under the applicable Attachment A for the
developmeM, creation or modification of a Deliverable, or if joinUy created, upon approval by Client, will
constihrte the acceptance criteria unless the ParSes specify in writing altemate acceptance criteria. If no
acceptance period is specified in the applicable Attachment A, CIieM will have five (5) business days from
Me delivery of the Deliverebles to either aocept the Deliverables as compliant or notify Company in writing
of any material non-conformance to acceptance criteria. Upon notice of material noncompliance,
Company will have fifteen (15) days to correct the Deliverables and retum the corrected Deliverables to
CIieM. The Deliverebles will be accepted either upon notice of acceptance by Client or at the end of the
acceptance period 'rf no notice of non-corrfortnance is received from CIieM. Company is solely responsible
for material compliance M acceptance criteria and not for simple bug fixes, modifications or changes to
spedfications by Client unless documented in an executed change order to the appiicable Attachment A.
±�•.
Network Medics MSA Attachment A.1 Soflware Senices Confidential and Proprietary
2012 CITY OF FRIDLEY COMMISSION TERMS
' Term
Present Members E, xpires Aanointee
PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term)
GENERAL Dave Kondrick 4-1-12
CHAIR
VICE-CHAIR LeRoy Oquist 4-1-13
AT-LARGE
CHAIR Jack Velin a-1-14
ENVIRON.
QUAUTY
CHAIR Brad Sielaff 4-1-12
� APPEALS
CHAIR Tim Solberg 4-1-13
. PARKS
8� REC.p
AT LARGE Dean Saba 4-1-13
AT LARGE Brad Dunham 4-1-14
APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term)
CHAIR Brad Sielaff 4-1-12
� Blaine Jones 4-1-13
` David Ostwald 4-1-15
Christopher Anderson 4-1-14
Vacant 4-1-14
ENVIRONMENTAL QUALITY (Chapter 6) (7 Members — 3 Year Term)
AND ENERGY COMMiSSION
CHAIR Jack Velin 4-1-14
` Richard 5vanda 4-1-12
. Vacant 4-1-12
Paul Westby 4-1-13
Courtney Ehlers 4-1-13
Jonathan Bonkosk9 4-1-13
Todd Olin 4-1-14
37
Term
Present Members Exaires Anaointee
PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term)
CHAIR Tim Solberg 4-1-13
David Kondrick 4-1-12
CHAIR
VICE-
CHAIR
Marcy Sibell
Michael Heintz4-1-13
Michele Barrett
4-1-12
4-1-14
HOUSING AND REDEVELOPMENT AUTHORITY (5 Members - 5 Year Term)
Larry Commers 6-9-14
Pat Gabel 6-9-13
John E. Meyer
Steve Eggert
William Holm
6-9-16
6-9-15
6-9-12
Ki:3
�
'-
�
CIIY OF
FRIDLEY
Name
Patrick
Maghrak
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2012
Position
Appraiser
Appointment
Starting
Salarv
$31.51
per hour
39
Start
Date
April 2,
2012
Replaces
Shawn
Halligan
AGENDA ITEM
U COUNCIL MEETING OF MARCH 26, 2012
°�"' oF CLA1 MS
FRIDLEY
CLAIMS
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51
��
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2012
LICENSES
TYPE OF LICENSE: APPLICANT: APPROVED BY:
Temporary Food Sales FRIDLEY FIRE DEPT. "FLAMES" PUBLIC SAFETY
Spaghetti Dinner Apri120, 2012 ALTXILIARY FIRE DEPARTMENT
KATERTNE MESSER PLANNING
Pawn Shop Managerial License PAWN AMERICA MANAGERIAL PUBLIC SAFETY
LICENSE EMILY SCHWANKL
Temporary Food License FRIDLEY HISTORICAL SOCIETY FIRE
August Fest August 13, 2012 MARY SUE MEYERS-CHAIR PUBLIC SAFETY
PLANNING
52
'= AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2012
Q"'°� LICENSES
FRIDLEY
53
C
f: AGENDA ITEM
� o�
CITY COUNCIL MEETING OF MARCH 26, 2012
FR�� LICENSES
To: Wiltiam W. Burns, City Manager
From: John Crelly, Fridley Assistant Fire Chief
Date: Mazch 26, 2012
Re: Annual renewal of rental licenses
Attached is a list of 23 properties that have completed the license renewal process. Each property
listed has submitted a rental license application, paid all fees, and has completed the rental
,
property inspection process.
Staff recommends that City Council approve the rental license renewal for these properties. �
.
54
�
«
c
,
,
propio: Property Address
�ss�
i2oo
2045
zoaa
izss
13D7
1310
1313
2059
1325
2051
1827
7350
2053
zoes
2061
2062
1678
2014
1923
tats
1688
7460
RENTAL HOUSING
Units Owner
4732 2 1/2 St. NE
5365-67 5th St. NE
608 63rd Ave. NE
1545 73rd Ave. NE
7313-15 Able St. NE
7479-81 Able St. NE
7513-15 Able St. NE
7553-55 Able St. NE
520 Bennett Dr. NE
7150-56 Central Ave. NE
131 Christenson Ct. NE
6410 East River Rd.
7335-37 Evert Ct. NE
5197 Linco�n St. NE
1601 N Innsbruck Dr.(186)
1601 N Innsbruck Dr. (226)
1601 N Innsbruck Dr.(306)
1601 N Innsbruck Dc (315)
16D1 N Innsbruck Dr. (335)
1601 N Innsbruck Dr. (381)
1261-63 Norton Ave. NE
7547 Tempo Terrace
7397-99 University Ave. NE
KPR Properties, LLC
Esso Properties, LLC
Khalif Jama
Executive Realty/Phil Beaumia
David Halek
Robbi Olson
Ashraf, LLC
Ashraf, LLC
Mike Sweet
Bradley G. Dunham
Jake Roeller
Andrew Johnson
Chady Investments, LLC
Suhair Khalil
Judy & Curt Rupert
Jonathan & Cynthia Soule
Sue Ellen Miller
Dawn lacarel4a
Bob Bryngelson
Cynthia Maroulas
SJR Investments, LLC
T & K Properties
Creative Management, Inc.
Number of Licenses for approval: 23
55
'•
�
qTY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDAITEM
CITY COUNCIL MEETING OF MARCH 26, 2012
March 20, 2012
William Bums, City Manager,YG�,�`
vP
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
East River Road Corridor Study Final Report
Background
Over the past two years, the City of Fridley has been partnering with the Ciry of Coon Rapids and Anoka
Coanty to study design options for the East River Road Corridor from I-694 north to I-610. The study was
initiated by Anoka County since traffic projections showed a need to significantly expand the roadway to
accommodate projected growth north and west of the project area. The consultant of Kimley-Horn was hired
to complete the study, a copy of which is being provided to each Council member. While Anoka Counry paid
for the bulk of the project costs, the City of Fridley did contribute some of our SHIP grant funds toward the
project costs.
There have been many pubJic meetings and electronic opportunities for the public to view documents and
comment if they were unable to attend a meeting, Staff finds that the consultant has done an excellent job of
molding the implementation plans of the repoR to fit the input received from the public, including the school
districts involved and public safety personnel. While there has been some controversy regarding the planned
closure of many existing access points along the corridor, the overwhelming consensus of the public is that
this is a reasonable trade off to avoidance of widening the roadway which would require the installation of
sound walls along the roadway. While the most important goal is to improve safety, the plan also reaches the
goal of preserying the residential nature of the corridor.
Recommendation
Staff recommends that the City Council receive the final drafr of the Corridor Study and approve the Study
via the attached resolution at the March 26 meeting.
56
RESOLUTION NO. 2012-
A RESOLUTION APPROVING ADOPTION OF THE EAST RIVER ROAD CORRIDOR
STUDY AS PREPARED BY KIMLEY-HORN AND ASSOCIATES, INC.
WHEREAS, the City of Fridley partnered with the City of Coon Rapids and Anoka
County to study traffic projections and redesign options for the portion of East River
Road (CSHA-1) in Fridley north of Interstate 694, and;
WHEREAS, the City of Fridley sought input from the pubiic in the affected project area
by holding several public meetings over a two-year time period, and;
WHEREAS, the consultant hired to coordinate the study and compile the finai report
has prepared a final document that incorporates the comments from the public, affected
school districts, public safety personnel, public officials and City staff into an
implementation plan that can be used to guide future improvements and funding
applications over the ne� several years,
NOW, THEREFORE BE IT RESOLVED by the City Council, that the City of Fridley
adopts the March 2012 East River Road Corridor Study.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
26th DAY OF MARCH, 2012.
ATTEST:
Debra A. Skogen - City Clerk
57
Scott J. Lund - Mayor
'•
�
Cff'f OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 26, 2012
INFORMAL STATUS REPORTS
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