10-25-2021
CITY COUNCIL MEETING
October 25, 2021
7:00 PM
Fridley Civic Campus, 7071 University Avenue N.E.
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, program, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
d
any interpreter or other persons with disabilities who require auxiliary aids should contact Roberta
Collins at (763) 572-3500. (TTD/763-572-3534).
AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE
PROCLAMATIONS/PRESENTATIONS
APPROVAL OF PROPOSED CONSENT AGENDA
APPROVAL OF MINUTES
1.Approve the Minutes from the City Council Meeting of October 11, 2021
NEW BUSINESS
2.Resolution No. 2021-99, Approving 2022 Agreement for Residential Recycling Program Grant
with Anoka County
3.Resolution No. 2021-101, Approving a Joint Powers Agreement Between Anoka County and the
City of Fridley to Allocate Costs for Elections Expenses
4.Resolution No. 2021-102, Designating Precincts and Polling Locations for the 2022 Election Year
5.Resolution No. 2021-103, Approving Civic Campus Settlement Agreement with BKV Group,
Wenck Associates, and McGough Construction
6.Resolution No. 2021-104, Approving Limited Use Permit with MnDOT for the University Avenue
Trail Project
7.Resolution No. 2021-107, Approving Gifts, Donations and Sponsorships Received Between
September 18, 2021 and October 15, 2021
CLAIMS
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City Council Meeting 10/25/2021 Agenda Page 2
8. Resolution No. 2021-106, Approving Claims for the Period Ending October 20, 2021
LICENSES
9. Resolution No. 2021-105, Approving City Licenses
ADOPTION OF REGULAR AGENDA
OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes.
REGULAR AGENDA ITEMS
NEW BUSINESS
10. Resolution No. 2021-100, Approving Change Order No. 1 (Final) for Village Green Basin
Expansion Project No. 603-60-15-475
INFORMAL STATUS REPORTS
ADJOURN
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AGENDA REPORT
Meeting Date:October 25, 2021 Meeting Type:City Council
Submitted By:Roberta S. Collins, Assistant to the City Manager
Title
Approve the Minutes from the City Council Meeting of October 11, 2021
Background
Attached are the minutes from the City Council meeting of October 11, 2021.
Financial Impact
None.
Recommendation
Approve the minutes from the City Council meeting of October 11, 2021.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship
X Organizational Excellence
Attachments and Other Resources
Minutes from the City Council Meeting of October 11, 2021.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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CITY COUNCIL MEETING
October 11, 2021
7:00 PM
Fridley Civic Campus, 7071 University Avenue N.E.
MINUTES
CALL TO ORDER
Mayor Lund called the City Council Meeting of October 11, 2021, to order at 7:00 p.m.
PRESENT
Mayor Scott Lund
Councilmember Dave Ostwald
Councilmember Tom Tillberry
Councilmember Stephen Eggert
Councilmember Ann Bolkcom
Walter Wysopal, City Manager
Dan Tienter, Finance Director
Jim Kosluchar, Public Works Director
Dan Cahill, Neighborhood Preservation Specialist
PLEDGE OF ALLEGIANCE
PROCLAMATIONS/PRESENTATIONS
1.Proclamation for Dan Tienter Appreciation Day Friday, October 22, 2021.
APPROVAL OF PROPOSED CONSENT AGENDA
Motion made by Councilmember Bolkcom to approve the Consent Agenda with the removal of Item No.
4. Seconded by Councilmember Tillberry.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
APPROVAL OF MINUTES
2.Approve the Minutes from the City Council Meeting of September 27, 2021
NEW BUSINESS
3.Resolution No. 2021-90, Approving Change Order No. 1 (Final) for Craig Park Improvements Project
No. 21-601.
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City Council Meeting 10/11/2021 Minutes Page 2
4. Resolution No. 202191, Certifying Delinquent Utility Services and Other Unpaid Charges for 2021.
This item was removed from the Consent Agenda and placed on the Agenda.
5. Resolution No. 2021-94, Adopting the Assessment for 2021 Utility Lateral Repair Project.
6. Resolution No. 2021-95, Adopting a Public Meetings Minutes Policy and Style Guide for the City of
Fridley.
7. Resolution No. 2021-96, Confirming the Organizational Structure of the City of Fridley.
8. Resolution No. 2021-97, Directing Public Safety Department to Enter Into Agreement and Authorizing
Execution of Minnesota Department of Public Safety, Office of Traffic Safety, Federal Grant Program
Agreement for DWI Officer.
CLAIMS
9. Resolution No. 2021-98, Approving Claims for the Period Ending October 6, 2021.
ADOPTION OF REGULAR AGENDA
Motion made by Councilmember Eggert to adopt the Agenda with the addition of Item 4. Seconded by
Councilmember Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes.
No one from the audience spoke.
REGULAR AGENDA ITEMS
PUBLIC HEARING
4. Resolution No. 202191, Certifying Delinquent Utility Services and Other Unpaid Charges for 2021.
Motion made by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember
Tillberry.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:17 P.M.
Dan Tienter, Finance Director, stated that Minnesota Statutes § 444, and various sections of the City Code,
authorize the City Council (Council) to certify delinquent utility services and unpaid charges. Generally,
the City certifies unpaid charges for utility services, pond treatments and false alarms. Upon certification,
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City Council Meeting 10/11/2021 Minutes Page 3
these charges become a lien against the property and payable in the same manner as property taxes.
The City also charges a penalty for certification, depending upon the type of unpaid charge. Prior to
. Staff will often work with
account holders to address any outstanding issues.
The City certifies a delinquent account and not just disconnects s to eliminate
concerns during cold weather (i.e., cold weather rule), eliminate the need to investigate the occupancy of
the residence or unit, avoid issues with laws that limit disconnection (e.g., military personnel), protect the
interest of the City upon the sale or forfeiture of a property, eliminate confusion in joint ownership
situations, prevent the City from carrying large delinquent balances, prevent the need to use collection
agencies or similar services, and prevent damage to older infrastructure.
The City mailed notices to 1,107 account holders. As of October 4, 2021, 820 accounts remain
outstanding, or about 26% less than the initial notice, which account for about $507,162 of unpaid
charges. At present, about 51% of the current certification list were also certified last year. Staff anticipate
the overall delinquency rate for the utility funds totals approximately 6.0% of all accounts by the
certification date. These delinquent accounts total about $361,000, or 3.1% of all revenue budgeted for
the public utilities in 2021. In order to further reduce delinquency rates, staff plan to consider a variety of
strategies, including, implementing an automated reminder system and exploring options to make it
easier to pay.
Staff recommend the City Council adopt the Resolution No. 202191, certifying certain delinquent utility
services and other unpaid charges for collection with the 2022 property taxes. Upon approval, the City
Clerk will transmit a certified copy of the resolution to the County Auditor by November 30. Property
owners/account holders may pay their delinquent balances until November 15, 2021 to avoid certification.
Motion made by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember
Tillberry.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
Motion made by Councilmember Eggert to adopt Resolution No. 2021-91 certifying delinquent utility
services and other unpaid charges for 2021. Seconded by Councilmember Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
10.!Public Hearing and Adoption of Resolution No. 2021-92, Adopting the Proposed Assessment for the
2021 Nuisance Abatements.
Motion made by Councilmember Bolkcom to open the public hearing, Seconded by Councilmember
Tillberry.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:27 P.M.
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Dan Tienter, Finance Director, stated that Minnesota Statute § 429 authorizes municipalities to finance
certain public improvements, including nuisance abatements, with special assessments against the
benefiting property. Chapter No. 128 of the Fridley City Code (City Code) also authorizes the City of
Fridley (City) to recoup any costs associated with the abatement. Chapter No. 110 of the City Code defines
public nuisances subject to abatement, including conditions that unreasonably annoy, injure or endanger
the safety, health and comfort of the public, among other more specific issues.
Consistent with the process outlined in the regulations, the City completed or will complete the following:
!September 13, declared the costs to be assessed, ordered the proposed assessment roll and
scheduled the public hearing.
!September 14, mailed assessment notices to the impacted property owners
!September 17, published the notice of a public hearing
!October 11, hold a public hearing and consider approval of the proposed assessment roll
As of the public notice, the proposed assessment included 54 properties with assessments totaling
approximately $81,536. Following the notices, the proposed assessment roll now includes 51 properties
with assessments totaling about $80,108. The City assessed the following properties in previous years:
!2018, 26 properties with assessments totaling about $19,047
!2019, 63 properties with assessments totaling about $74,700
!2020, 64 properties with assessment totaling about $179,700
Pursuant to City policy, the property owners may repay the assessment over a oneyear period at an
interest rate of 5.25%. Property owners may pay their assessment, interest free, for 30 days after the
adoption of the assessment roll or until November 15. Per Chapter 7 of the Fridley City Code, any person
may pay all or at least half of the assessment, provided the partial payment exceeds $100. Any remaining
balance, with the interest as accrued from the date of City Council adoption, will be certified to the County
for collection with property taxes.
As part of the assessment process, those subject to the assessment may appeal it by filing a written
objection with the City Clerk prior to the public/assessment hearing and the presiding officer of the
pubic/assessment hearing on the date of the hearing. Following a properly filed objection, a property
owner may appeal an assessment by serving notice upon the Mayor or City Clerk within 30 days after
adoption. Within 10 days of that notice, a property owner must also file their appeal with the district
court. .
Based on the process to date, staff recommend the City Council open the public hearing to accept
comments regarding the proposed assessments for the 2021 nuisance abatements and upon closure of
the public hearing, adopt Resolution No. 202192, approving the proposed assessment for the 2021
nuisance abatements. Upon approval, the City Clerk will transmit a certified copy of the resolution to the
County Auditor by November 30.
Angela Holmes, 5801 2 ½ Street NE, said she received a bill from Fridley for $1,250.03 and she did not
receive the first two letters. She said she no longer lives at the property--her son lives there. It is not
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City Council Meeting 10/11/2021 Minutes Page 5
uncommon for her not to get her mail on 2 ½ street. She did not know the City was coming to pick up
the items in her yard and thought the items were stolen.
Mayor Lund said typically the items are not of value, so it would be odd if someone took the items.
Dan Cahill said that the items collected included a jug full of oil, brush piles, a wheelbarrow without a
wheel, two lawn mowers, bags of trash, a doghouse that was collapsed, paint and broken cabinets.
extension cord.
Mr. Cahill said that the lawn mower is being held and can be returned when the bill is paid.
Mayor Lund said the homeowner claims they did not get the letter but got the bill. We do not know the
facts and do not have to send these letters certified. The property is looking pretty unkept with weeds
growing, brush piles and other items. Usually, these reports come about because someone complained
about the property. The City sends a letter to give the property owner a minimum of 20 days to clean it
up. If the property is not cleaned up in those 20 days, the items are abated. Homeowners have
responsibilities to keep their property cleaned up and items stored in a shed or garage--not the yard.
Ms. Holmes said she did not think they should have taken the paint, extension cord or working lawn
mowers.
Mr. Cahill said the five-gallon bucket of paint was sitting outside and should have been in the shed or
garage. The date on the paint was from 2016 and was unusable.
Mayor Lund said he realizes that homeowners are not happy when they get the bill, but taxpayers are
paying to clean up the yard and that is not fair. The City is asking for reimbursement to pay back what it
cost to clean up the yard.
Ms. Holmes said that they need to make sure that the homeowners get the letters.
Mayor Lund said that the letter did not come back, and we are following the law.
Nathan Westbrook, 5821 Hackman Avenue, said he is appealing the charges per the abatement from May
5, 2021. They took trash and items that were tarped and strapped to a trailer he was going to take to the
dump. They unloaded stuff and put it on their trailer and charged him. The trailer was on his driveway.
Mr. Cahill said that the first violation was on March 8 and they followed up on March 29 and the items
were still there. The abatement took place on May 5. There was a delay due to the civil unrest in
Minneapolis and Brooklyn Center and he wanted to have an officer present for this abatement.
Mayor Lund recalled that projects have been going on at this address for a long time. He recognizes that
the property owner has been working on cleaning it up, but it looks like there are still outstanding issues
on this property.
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Mr. Westbrook said that they took supplies he was going to use so he had to buy new items for his
project.
Mr. Cahill said Mr. Westbrook was present at the time of abatement and they allowed Mr. Westbrook to
pick what he wanted to keep but he needed to be timely. Obvious items were removed--like trash, a sink,
metal, deteriorated wood, and auto parts.
Mayor Lund said they rely on staff to be reasonable. This needed to come to a resolution and projects
cannot continue to go on.
Mr. Westbrook said he is appealing the abatement.
Councilmember Bolkcom asked how long the items were sitting on the trailer.
Mr. Cahill said this was a follow-up from a complaint. The first letter went out on March 9, 2021, and the
abatement happened on May 5, 2021.
Councilmember Bolkcom said that the items were stored improperly and needed to be cleared. There
was plenty of time allowed to remove the items from public view that were stored outside.
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Mr. Abumayyaleh, 1060 64 Avenue #1, said the letter went to the wrong address and they did not get
the notice to remove the items.
Mayor Lund said that the letters are sent out to the address that is listed on the Anoka County property
tax statement.
Mr. Cahill said that addresses are updated each month to match what is on file with Anoka County. The
letter was sent on May 12, 2021, and the due date was June 1, 2021. The abatement took place on June
7, 2021. The complaint came from a tenant in the building.
Motion made by Councilmember Bolkcom to close the public hearing, Seconded by Councilmember
Tillberry.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:31 P.M.
Motion made by Councilmember to adopt Resolution No. 2021-92, Adopting the Proposed Assessment
for the 2021 Nuisance Abatements. Seconded by Councilmember Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
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11. Public Hearing and Adoption of Resolution No. 2021-93, Adopting the Assessment for Street
Rehabilitation Project No. ST2021-02
Motion made by Councilmember Eggert to open the public hearing. Seconded by Councilmember
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:34 P.M.
Dan Tienter, Finance Director, stated that Minnesota Statutes § 429.021 and City Charter § 8.03 authorize
Council to finance certain public improvements through special assessments and that are generally
considered a form of tax levied by a local government against benefiting properties. Consistent with City
Code, Chapter No. 7 and other policies, the City typically levies special assessments as part of most street
rehabilitation projects. Minnesota Statutes § 429 outlines a specific process for a local government to
levy a special assessment. Consistent with this process, Council completed the following steps:
!Ordered a preliminary report
!Conducted a project workshop/open house (not required)
!Accepted a preliminary report, called for public hearing
!Conducted the public hearing
!Accepted the feasibility study, ordered improvements and called for bids
!Received bids and awarded a contract
!Declared the costs to be assessed, order the proposed assessment roll and scheduled a public
hearing
!Conducted the public/assessment hearing (this evening)
With substantial completion of the project, the City may now proceed with the final portions of the
assessment process by conducting the public/assessment hearing and adopting the proposed
assessment as final. During the assessment hearing, Council may receive public comments on the
proposed assessment and may approve the assessment roll after its closure. As part of the assessment
process, those subject to the assessment may appeal it by filing a written objection with the City Clerk
prior to the public/assessment hearing and the presiding officer of the pubic/assessment Hearing on the
date of the hearing. Following a properly filed objection, a property owner may appeal an assessment by
serving notice upon the Mayor or City Clerk within 30 days after adoption. Within 10 days of that notice,
a property owner must also file their appeal with the district court.
Office has received no objections or appeals and two public comments regarding
the proposed assessment. The special assessments under consideration pertain to the rehabilitation of
streets identified in the Pavement Management Plan. ST202121 includes the reconstruction of nine
different street sections including curb and gutter and associated utilities. Only the street construction
portion of the project is subject to special assessments
Pursuant to City policy, the assessment totals approximately $418,100 levied against 226 properties within
the project area. Project costs totaled about $976,900. The assessments for this project are consistent
with the Roadway Major Maintenance Financing Policy. Of the 226 properties, the assessments are
proposed as follows:
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City Council Meeting 10/11/2021 Minutes Page 8
!Per City policy, property owners may repay the assessment over a 10year period at an interest
rate of 5.25%.
!Property owners may pay their assessment, interest free, for 30 days after the adoption of the
assessment roll.
!Per Chapter No. 7 of the Fridley City Code, any person may pay all or at least half of the
assessment, provided the partial payment exceeds $100.
!Any remaining balance, with the interest as accrued from the date of City Council adoption, will
be certified to the County for collection with property taxes.
!The remaining balance may be paid in total by November 15 annually.
!Deferment opportunity:
o!Per City policy (Resolution No. 202046), a retired or disabled property owner may defer
their special assessment under certain circumstances.
o!The property owner must:
!Own the property as a qualified residential homestead.
!Be at least 65 years of age or older; or be disabled/retired and payment would be
considered a hardship.
!Make application within 30 days of approval of the assessment roll by Council.
!Meet certain income standards.
Based on the process to date, staff recommend Council open the public/assessment hearing to accept
public comment regarding the assessment, as proposed. Following the public/assessment hearing, staff
also recommend Council adopt Resolution No. 202193, to adopt the assessment for Street Rehabilitation
Project No.202102. Upon approval, the City Clerk will transmit a certified copy of the resolution to the
County Auditor by November 30.
Councilmember Ostwald asked why this was scheduled earlier than what was originally planned.
Jim Kosluchar, Public Works Director, said this was designated as a priority project. All streets were built
in the early 90s and were well into their lifecycles. A petition was also received from the neighborhood
to do something about the streets.
Councilmember Eggert asked if there were any difficulties with the project.
Mr. Kosluchar replied in a few areas near 8020 Rice Creek Terrace the roller pulled up part of the asphalt
and a little settlement on the Brook View mill and overlay had some pavement weaves. The contractor
will fix these areas next spring. Staff have been in contact with property owners in these areas.
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Hasan Ajanic, 1050 67 Avenue NE, said he does not think they did a good job and that he should not
have to pay $1,850 for street maintenance that should be paid with the taxes they pay to the City.
Mayor Lund said the contractors did the job we expected. Property owners are charged less than half of
the project. Other cities where taxes are higher, reserve more funds for street reconstruction and do not
charge for street projects. Property tax does not include rehabilitation of streets and Fridley will assess
homeowners who benefit from a new street. Maintenance includes filling potholes. This project was
reconstruction of the street. If you would like to appeal your assessment, staff can apprise you of the
next steps.
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Mr. Kosluchar said that this mill and overlay and reclamation will last a long time and is considered part
of a major maintenance.
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Judy Zerby, 1400 64 Avenue NE, said that the project overall looks wonderful but has a complaint about
the people who did the project. The first group, Michels, did not inform them of what was going to be
done. They did not receive any communication. When she tried to approach them, they were very
rude. There were children in the street, and they were driving their equipment too fast down the road.
They also replaced her gas meter and she asked if they would replace flowers that were planted in the
area that they destroyed. She said she has not received any information regarding her request. This is
just some information to keep in mind for future projects. Things could have been done in a different
way.
Mayor Lund said when there are problems with the contractors, people should contact the City.
Mr. Kosluchar added that Michels is the contractor for CenterPoint to replace older gas lines and surfaces,
so they do not disturb the pavement. He is sorry they had a bad experience and contractors must meet
the City requirements. Generally, Michels is good on notification, and he has not received complaints
from past projects. He will work with CenterPoint to make sure they notify residents and address the
other concerns.
Councilmember Bolkcom asked how updates were sent out on the project.
Mr. Kosluchar replied that two letters were sent out in the spring to explain how to sign up for email
updates and if they needed a hard copy, they should have notified staff. Hand delivery of notices are
time consuming to deliver but they want to keep people updated.
Mike Zerby added that he did not understand why they would start on their street and not come back to
continue to work on it and leave it torn up for two weeks. In the end they are pleased with the street and
happy to have a new street. He appreciates what the Council does for the City.
Deb Santillo, 612 Rice Creek Terrace, said she had no complaints about the project, but asked how they
came up with who gets new sewer lines and who do not.
Mr. Kosluchar replied they look at locations where there have been historic water main breaks which
means we have some poor pipes or aggressive soils causing the breaks. The City covers areas just outside
of the street, but the remainder of the sewer is the property owners responsibility. The City will televise
sanitary mains to see if anything needs immediate attention. Later if repair is needed, pipes can be lined
without ripping up the road. We would like to replace all utilities when we do these projects, but it is very
expensive.
Motion made by Councilmember Eggert to close the public hearing, Seconded by Councilmember
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 9:24 P.M.
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City Council Meeting 10/11/2021 Minutes Page 10
Motion made by Councilmember Ostwald to adopt Resolution No. 2021-93, Adopting the Assessment
for Street Rehabilitation Project No. ST2021-02. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
INFORMAL STATUS REPORTS
Pumpkin Night in the Park is on October 30. Food, music, and entertainment. Buy tickets in advance on
the website or at the Springbrook Nature Center.
ADJOURN
Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:33 P.M.
Respectfully Submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor
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AGENDA REPORT
Meeting Date:October 25, 2021 Meeting Type:City Council
Submitted By:Scott Hickok, Community Development Director
Stacy Stromberg, Planning Manager
Rachel Workin, Environmental Planner
Title
Resolution No. 2021-99,Approving 2022 Agreement for Residential Recycling Program Grant with
Anoka County
Background
In 1989, the Minnesota Legislature adopted comprehensive waste reduction and recycling legislation
based on the recommendations of the Governor's Select Committee on Recycling and the Environment
(SCORE), which provides counties with a funding source to develop waste reduction, recycling, organics,
and solid waste management programs. Each year, Anoka County distributes this funding to cities to
help achieve solid waste management goals.
For 2022, Anoka County has awardedthe Cityof Fridley$109,931 inbasefunding plus an additional
$20,000 in enhancement funding for a total of $129,931. This amount is equal to the grant award offered
in 2021. This funding supplements the solid waste abatement charge collected through the utility bill
and will be applied toward:
1)Recycling drop-off events
2)Education and outreach onrecycling
curbside organics recycling program.
3)Subsidy of the collection cost of the organics program to encourage higher level of
participation.
4)Financial offsets to purchase items made of compostable or higher recycling content
5)Staff costs.
Financial Impact
This grant amountis included in the Proposed 2022 Budget.
Recommendation
Staff recommends the approval ofResolution No. 2021-99.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship
Organizational Excellence
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Attachments and Other Resources
!Resolution No. 2021-99
!Exhibit A: 2022 Agreement for Residential Recycling Program with Anoka County
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2021-99
Approving 2022 Agreement for Residential Recycling Program Grant with Anoka County
Whereas, the Anoka County Solid Waste Management Master Plan and the Minnesota Pollution
Metropolitan Solid Waste Management Policy Plan establishes goals for solid
waste management and recycling; and
Whereas, Anoka County receives Select Committee on Recycling and the Environment (SCORE)
funds, Local Recycling Development Grant funds, and additional budgeted programs to support
the achievement of these goals; and
Whereas, Anoka County distributes a portion of this funding to cities to develop and implement
programs, practices, and methods in meeting these goals; and
Whereas, Anoka County has awarded $129,931 to the City of Fridley for 2022 to support its
recycling and solid waste management programming.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby authorizes the
execution of the Residential Recycling Program Grant from Anoka County.
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Passed and adopted by the City Council of the City of Fridley this 25 day of October, 2021.
_______________________________________
Scott J. Lund Mayor
Attest:
Melissa Moore City Clerk
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Anoka County Contract # C0008789
2022 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM
THIS AGREEMENT made and entered into on the 1st day of January 2022,
notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State
of Minnesota, hereinafter referred to as the “COUNTY”, and the CITY OF FRIDLEY, hereinafter
referred to as the “MUNICIPALITY”.
WITNESSETH:
WHEREAS, the County will receive funding from the State of Minnesota pursuant to Minn.
Stat. § 115A.557 (hereinafter “SCORE funds”) during 2022 which must be used to encourage and
improve recycling and a portion must be specifically directed to recycling source -separated
compostable materials; and
WHEREAS, the County will also receive funding pursuant to Minn. Stat. § 473.8441
(hereinafter “LRDG) funds”) during 2022 and
WHEREAS, the County also has additional budgeted program funding available to
supplement SCORE and LRDG funds for solid waste recycling programs, so that the available
amount for the Residential Recycling Program is $1,618,207.50.
WHEREAS, the County Solid Waste Management Master Plan 2018 (Master Plan 2018)
and MPCA Metropolitan Solid Waste Management Policy Plan 2016-2036 state that MSW
generated in the County that is not reused, recycled or composted, will be processed to the extent
that processing capacity is available; and
WHEREAS, the Master Plan 2018 was developed with the participation of a representative
from the Municipality staff, and the Municipality is required to develop and implement programs,
practices, or methods designed to meet waste abatement goals by Minn. Stat. § 115A.551, Subd
2a. (b).
WHEREAS, the County wishes to assist the Municipality in meeting recycling goals
established by Anoka County by providing said SCORE, LRDG, and County budgeted program
funds to cities and townships in the County for solid waste recycling programs.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in
this Agreement, the parties mutually agree to the following terms and conditions:
1.PURPOSE AND CONTRACT DOCUMENTS. The purpose of this Agreement is to
provide for cooperation between the County and the Municipality to implement solid waste
recycling programs in the Municipality which will help the County and member
municipalities meet the goals set in the current Anoka County Solid Waste Management
Master Plan. The County and the Municipality agree that the information provided in the
recitals above is to be incorporated into the purpose of this agreement.
The Contract Documents include: the Anoka County Municipal Waste Abatement
Grant Funding Application submitted by the Municipality for the current contract year,
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and the Grant Funding Award issued by Anoka Countyfor the current contract year.
These documents are incorporated into this agreement by reference and are components
of the entire contract package. The order of precedence of these documents in the event
of inconsistency or ambiguity shall be resolved in the following order: 1) this Agreement
for Residential Recycling Program; 2) Grant Funding Award; and 3) Anoka County
Municipal Waste Abatement Grant Funding Application.
2. TERM. The term of this Agreement is from January 1, 2022 through December 31, 2022
unless earlier terminated as provided herein.
3. DEFINITIONS. Defined terms contained in this Agreement and all the attachments are
found in Minn. Stat. §§ 115A.03; 115A.471; and 115A.552. The use of capitalization for
defined terms has no special effect. For convenience, a full list of defined terms is included
with the Municipal Waste Abatement Grant Funding Application. Additionally:
a. “Full-Service Recycling Drop-off Center” means centralized permanent drop-off
center that is open at least two times a week and accepts at least four types of
materials beyond traditional curbside recyclables, i.e.: mattresses, appliances, scrap
metal, furniture, source-separated compostable materials, electronics, etc.
b. “Multi-family dwellings” means households within apartment complexes,
condominiums, townhomes, mobile homes and senior housing complexes.
c. “Quasi-municipal event” means community festivals which appear to the public to be
supported and run by the Municipality but in fact are sponsored or co-sponsored by
an independent non-profit 501c (3) organization, for example: the Anoka Halloween
Parade.
4. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for
eligible expenses, less revenues or other reimbursement received, for eligible activities up
to the project maximum, which shall not exceed $129,931.00.
The County reserves the right to reduce the funding provided in the event the Municipality
does not complete the additional Grant Projects referenced in the Anoka County Municipal
Waste Abatement Grant Funding Application.
The County also reserves the ability to assess the programs and reallocate unused
SCORE and/or, LRDG funds mid-year if any participating municipality demonstrates
the need for the funding and funds are available. The Municipality shall be provided
documentation of the funding award determination and rationale as indicated by the 2022
Grant Funding Award.
5. PROGRAM. The Municipality shall develop and implement a residential solid waste
recycling program adequate to meet the Municipality’s annual recycling goal of 2,919 tons
of recyclable materials as established by the County. The Municipality shall ensure that
the recyclable materials collected are delivered to processors or end markets for recycling.
a. The Municipal recycling program shall include the following components:
i. Each household (including both single and Multi-family dwellings) in the
Municipality shall have the Opportunity to Recycle at least four broad types of
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materials, including but not limited to, paper (including cardboard/paperboard
cartons), glass, plastic and metal.
ii. The recycling (including any organics) program shall be operated in compliance
with all applicable federal, state, and local laws, ordinances, rules and regulations.
iii. The Municipality shall implement a public information program that contains at
least the following components:
(1) One promotional mailing to each household focused exclusively on the
Municipality’s recycling and source-separated compostable materials
program;
(2) One promotional advertisement detailing recycling and organics opportunities
available for residents included in the Municipality’s newsletter or local
newspaper; and
(3) Two community outreach activities at Municipal or Quasi-municipal events to
inform residents about recycling and source-separated compostable materials
opportunities.
iv. The public information components listed above shall focus on all recyclable
materials and the various opportunities to recycle and compost source-separated
compostable materials within the Municipality. The Municipality shall incorporate
County/regional/State campaigns and images and use the toolkits provided by the
County when preparing promotional materials. The Municipality, on an ongoing
basis, shall identify new residents and provide detailed information on the recycling
opportunities available to these new residents. The County shall work with the
Municipality on promotional materials to coordinate messages. The Municipality
shall provide promotional materials to the County for review prior to publication to
ensure accuracy.
v. The Municipality shall regularly attend the bi-monthly Solid Waste Abatement
Advisory Team (SWAAT) meetings per year.
vi. The Municipality shall offer a minimum of one spring and/or fall recycling drop-off
event(s) where items not normally accepted at the curb are collected for recycling.
If the Municipality is hosting a monthly drop-off as described below, the spring/fall
recycling drop-off events may be included within that program.
b. The Municipality is encouraged to expand its recycling program to include one or
more of the following components in order to receive additional funding.
i. Organize monthly/quarterly recycling drop-off events which can be held in
conjunction with a neighboring municipality(ies) on a cooperative basis for the
citizens of both/all municipalities.
ii. Provide a community event recycling program, which at a minimum would consist
of providing recycling opportunities at all Municipal sponsored or Quasi-municipal
events and festivals as required by Minn. Stat. § 115A.151. The feasibility of
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adding organics collection at the event will be explored,and if feasible,
implemented as an enhancement to the waste abatement program.
iii. Provide the opportunity for citizens to engage in recycling activities at Municipal
and Quasi-municipal facilities as required by Minn. Stat. § 115A.151 such as
athletic fields and public centers.
iv. Organize and manage a Full-Service Recycling Drop-off Center.
v. Develop enhanced recycling promotion and assistance for Multi-family dwellings.
vi. Develop additional opportunities for source-separated compostable materials
collection.
vii. Develop and implement additional opportunities to recycle bulky and problem
materials (e.g. appliances, batteries, carpet pad, electronics, fluorescent lamps,
mattresses, oil, scrap metal, etc.) from residents on an on-going basis either
curbside or at a drop-off.
c. If the Municipality’s recycling program did not achieve the Municipality’s recycling
goals as established by the County for the prior calendar year, the Municipality
shall work with the County to prepare a plan to achieve the recycling goals set forth
in this Agreement.
d. The Municipality’s recycling program shall be limited to residential programming
for funding reimbursements under this Agreement. The County will not reimburse
business recycling programming or household hazardous waste programming by
the Municipality. Any inquiries or requests regarding these topics should be sent
to the County for response.
e. In addition to the above requirements designed to increase residential recycling
opportunities, the Municipality shall provide recycling opportunities in all municipal
buildings including but not limited to, city offices, public meeting rooms and parks,
as required by Minn. Stat. § 115A.151. If items collected through the Municipal
recycling program prove to be contaminated or not recyclable, those items shall
be treated as public entity waste and shall be processed at a resource recovery
facility unless the waste has been certified as unprocessible. Minn. Stat. §§
115A.46, 115A.471 and 473.848. See page 44, 47-48, 51, and p. 67 of the 2018
Anoka County Solid Waste Management Master Plan regarding the requirements
for Public Entity Waste.
f. If the Municipality requests reimbursement for park/public entity
recycling/organics/trash waste systems/containers, the Municipality needs to work
with the County before an order is placed to make sure the containers are
consistent with the requirements set forth by the County for colors e.g. (blue for
recycling, green for organics and gray or black for trash), openings and labels.
g. Pursuant to Minn. Stat. §§ 115A. 46, 115A.471 and 473.848, all waste generated
by municipal government activities (including city/town halls, public works and
public safety buildings, parks, and libraries, and for municipalities that arrange for
waste services on behalf of their residents (organized collection)) shall be
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delivered to a waste processing plant for disposal as long as capacity is available.
Failure to comply with this provision shall constitute a breach of this Agreement
resulting in the loss of all Grant Funding unless, pursuant to statute, the
Municipality has conferred with the County and developed a plan to comply within
a reasonable period of time.
6. REPORTING. The Municipality shall submit the following reports semi-annually to the
County no later than the third Friday in July 2022 and the second Friday in January 2023.
a. An accounting of the amount of waste which has been recycled as a result of the
Municipality’s activities and the efforts of other community programs, redemption
centers and drop-off centers. For recycling programs, the Municipality shall certify
the number of tons of each recyclable material which has been collected and the
number of tons of each recyclable material which has been marketed. For
recycling programs run by other persons or entities, the Municipality shall also
provide documentation on forms provided by the County showing the tons of
materials that were recycled by the Municipality’s residents through these other
programs. The Municipality shall keep detailed records documenting the
disposition of all recyclable materials collected pursuant to this Agreement. The
Municipality shall also report the number of cubic yards or tons of yard waste and
source-separated compostable materials collected for composting, chipping, or
land spreading, together with a description of the methodology used for
calculations. Any other material removed from the waste stream by the
Municipality, i.e. tires and used oil, shall also be reported separately.
b. Information regarding any revenue received from sources other than the County
for the Municipality’s recycling programs, i.e. revenue taken in from the sale of
recyclables and fees collected from residents, shall be reported.
c. Copies of all promotional materials that have been prepared by the Municipality
during the term of this Agreement to promote its recycling and organics collection
programs.
d. The Municipality agrees to support County efforts in obtaining hauler reports by
ensuring compliance through ordinance, contract or license requirements and the
ability to exercise punitive actions, if needed.
e. The Municipality agrees to furnish the County with additional reports in form and
at frequencies requested by the County for financial evaluation, program
management purposes, and reporting to the State of Minnesota.
7. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices
semi-annually to the County for abatement activities no later than the third Friday in July
2022 and the second Friday in January 2023. The invoices shall be paid in accordance
with standard County procedures, subject to the approval of the Anoka County Board of
Commissioners.
8. PUBLICATIONS. The Municipality shall acknowledge the financial assistance of Anoka
County on all promotional materials, reports and publications relating to the activities
funded under this Agreement, by including the following acknowledgement: “Funded by
the Anoka County Board of Commissioners and State SCORE (Select Committee On
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Recycling and the Environment) funds.” The Municipality shall provide copies of all
promotional materials funded by this grant.
The County shall provide all printed public information pieces about County programs. A
Municipality shall not modify County publications related to business recycling, household
hazardous waste management or the County compost sites.
Information about the County’s business recycling program, household hazardous waste
management program or County compost sites that a Municipality plans to publish in a
Municipal communication, printed or electronic, shall be provided to the County for review
and approved by the County prior to publication to ensure accuracy and consistency.
9. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality
harmless from all claims, demands, and causes of action of any kind or character,
including the cost of defense thereof, resulting from the acts or omissions of its public
officials, officers, agents, employees, and contractors relating to activities performed by
the County under this Agreement.
The Municipality agrees to indemnify, defend, and hold the County harmless from all
claims, demands, and causes of action of any kind or character, including the cost of
defense thereof, resulting from the acts or omissions of its public officials, officers, agents,
employees, and contractors relating to activities performed by the Municipality under this
Agreement.
The provisions of this subdivision shall survive the termination or expiration of the term of
this Agreement.
10. GENERAL PROVISIONS.
a. In performing the provisions of this Agreement, both parties agree to comply with
all applicable federal, state or local laws, ordinances, rules, regulations or
standards established by any agency or special governmental unit which are now
or hereafter promulgated insofar as they relate to performance of the provisions of
this Agreement. In addition, the Municipality shall comply with all applicable
requirements of the State of Minnesota for the use of SCORE funds provided to
the Municipality by the County under this Agreement. The Municipality shall also
comply with all relevant portions of the current Anoka County Solid Waste
Management Master Plan and shall participate in the preparation of the successor
Master Plans.
b. If the Municipality utilizes the services of a subcontractor for purposes of meeting
requirements herein, the Municipality shall be responsible for the performance of
all such subcontracts and shall ensure that the subcontractors perform fully the
terms of the subcontract. The agreement between the Municipality and a
subcontractor shall obligate the subcontractor to comply fully with the terms of this
Agreement.
c. It is understood and agreed that the entire agreement is contained herein, and that
this Agreement supersedes all oral and written agreements and negotiations
between the parties relating to the subject matter hereof.
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d.Any amendments, alterations, variations, modifications, or waivers of this
Agreement shall be valid only when they have been reduced to writing, duly signed
by the parties.
e. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause or phrase of this Agreement is for any reason held
to be contrary to law, such decision shall not affect the remaining portion of this
Agreement.
f. Nothing in this Agreement shall be construed as creating the relationship of co-
partners, joint venturers, or an association between the County and the
Municipality, nor shall the Municipality, its employees, agents or representatives
be considered employees, agents, or representatives of the County for any
purpose.
g. The Municipality shall maintain financial and other records and accounts in
accordance with requirements of the County and the State of Minnesota. The
Municipality shall maintain strict accountability of all funds and maintain records of
all receipts and disbursements. Such records and accounts shall be maintained
in a form which will permit the tracing of funds and program income to final
expenditure. The Municipality shall maintain records sufficient to reflect that all
funds received under this Agreement were expended in accordance with Minn.
Stat. § 115A.557, Subd. 2, for residential solid waste recycling purposes. The
Municipality shall also maintain records of the quantities of materials recycled. All
records and accounts shall be retained as provided by law, but in no event for a
period of less than five years from the last receipt of payment from the County
pursuant to this Agreement.
h. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other
persons or agencies authorized by the County, and the State of Minnesota,
including the Legislative Auditor or the State Auditor, access to the records of the
Municipality at reasonable hours, including all books, records, documents, and
accounting procedures and practices of the Municipality relevant to the subject
matter of the Agreement, for purposes of audit. In addition, the County shall have
access to the project site(s), if any, at reasonable hours.
11. TERMINATION. This Agreement may be terminated by mutual written agreement of the
parties or by either party, with or without cause, by giving not less than seven (7) days’
written notice, delivered by mail or in person to the other party, specifying the date of
termination. If this Agreement is terminated, assets acquired in whole or in part with funds
provided under this Agreement shall be the property of the Municipality so long as said
assets are used by the Municipality for the purpose of a landfill abatement program
approved by the County.
(SIGNATURE PAGE TO FOLLOW)
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IN WITNESS WHEREOF,the parties hereunto set their hands.
CITY OF FRIDLEY COUNTY OF ANOKA
By: By:
Rhonda Sivarajah
County Administrator
Date:
Date:
Approved as to form and legality: Approved as to form and legality:
By: By:
Kathryn M. Timm
Date: Assistant County Attorney
Date:
kmt\\contracts\\integrated waste contracts\\SCORE grants\\C0008789 Fridley 2022 SCORE
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2022 Anoka County Municipal Waste Abatement Grant Funding Award Letter
The Municipality of Fridley is eligible for a total of $109,931.00 for their Municipal program abatement efforts
in 2022, plus if awarded upon request up to an additional $20,000.00.
The total funding for the 2022 Residential Recycling Program is based on the budgeted amounts stated in the
Municipal Waste Abatement Grant Funding Application.
Check one below:
x (08-02-2021) The grant application was received on or before August 2, 2021.
_______ The grant application was not received on or before August 2, 2021.
Therefore, the municipality is only eligible for the Base Funding Allocation.
The Grant Funding Award for Fridley is as follows:
Amount EligibleAmount Requested Amount Awarded
Base Funding Allocation$ 70,665.00 $ 21,199.50 $ 21,199.50
Beginning in 2022, expenses for Labor and Staffing will only be allowed up to 75% of total
program grant. See the calculation matrix in the application packet: the amount requested by
the Municipality of Fridley for Labor and Staffing was $59,965.50, the amount allowed is
$59,965.50.
Enhancement Funding Grant
Amount EligibleAmount Requested Amount Awarded
Drop-off Grant$ 15,000.00 $ 20,500.00 $ 15,000.00
General Enhance-ment
Grant$ 12,133.00 $ 1,633.00 $ 1,633.00
Organics Grant$ 12,133.00 $ 12,133.00 $ 12,133.00
Additional Grant$ 20,000.00 $ 20,000.00 $ 20,000.00
Labor & Staffing$ 59,965.50
TOTAL$ 108,731.50
Total Funding Award (Base + Enhancement Funding) $ 129,931.00
To the extent that the Municipality requested funds in excess of the total eligible amount, the excess amount
in any category is denied.
Reviewed by: Jill CurranDated: __09/10/2021_____________________
Approved by: Alison PetersonDated: __9/14/2021_____________________
Contract # C0008789
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AGENDA REPORT
Meeting Date:October 25, 2021 Meeting Type:City Council
Submitted By:Melissa Moore, City Clerk
Title
Resolution No. 2021-101, Approving a Joint Powers Agreement Between Anoka County and the City of
Fridley to Allocate Costs for Elections Expenses
Background
In 2013,the City of Fridley (City) entered into a Joint Powers Agreement (JPA) with Anoka County
(County) and other cities, school districts and townshipswithin the Countyto share resources related to
election administration. In 2021,the County Office of Elections and Voter Registrationbegan review of
the JPA tomodernize and update several terms of the agreement, including:
Updatesthe dates of the agreement for afour-yearterm(January 1, 2022 to December 31,
2025),with an automatic renewal for each subsequent calendar year;
Removes Category D (Hospital District Offices and/or ballot questions)in response to the
dissolution of the North Suburban Hospital District in 2019;
Updatesthelanguage regarding the use of the most recent census data to allocate costs to the
JPA participants(the original JPA useddata from the 2010 census);and
Revisestheallocation of absentee ballot postage costsfrom being solely paid by the County to
being shared with other JPA participants.
Staff, along with the City Attorney, reviewed by JPA and the proposed changes and recommend approval
by the City Council.
Financial Impact
The revised JPA willcalculate postage charges based on the same formula that is used for ballot
production costs. Staff estimate an increase cost of $400per election yearto account for the additional
postage expenditures.
Recommendation
Staff recommend approval of Resolution No. 2021-101.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship
X Organizational Excellence
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Attachments and Other Resources
!Resolution No. 2021-101
!Exhibit A: Joint Powers Agreement Between Anoka County and the Municipalities, Townships
and School Districts in Anoka County to Allocate Costs for Election Expenses.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2021-101
Approving a Joint Powers Agreement Between Anoka County and the City of Fridley to
Allocate Costs for Election Expenses
Whereas, pursuant to Chapter No. 4 of the Fridley City Charter, the City of Fridley (City) shall hold
elections every even numbered year or conduct a special election if ordered by the Fridley City
Council; and
Whereas, the City partners with the Anoka County (County) to facilitate elections-related activities;
and
Whereas, the County partners with every city, school district and township within its jurisdiction; and
Whereas, a Joint Powers Agreement (JPA) was created to reduce costs by streamlining operations
and eliminate redundancies where election services were concerned throughout the County; and
Whereas, the City entered a JPA with Anoka County in 2013 for elections-related services and
equipment; and
Whereas, the JPA was subject to automatic renewal unless the City or County proposed updated
terms; and
Whereas, the County recommended four updates to the JPA to 1) renews the dates of the
agreement, 2) removes Hospital District offices from the agreement, 3) updates population
calculation methods, and 4) allocates a portion of absentee ballot postage costs to the City; and
Whereas, on September 28, 2021, the County Board of Commissioners unanimously approved an
updated JPA; and
Whereas, the City Attorney has reviewed and approved the updated JPA, as proposed.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the
updated Joint Powers Agreement Between Anoka County and the Municipalities, Townships and
School Districts in Anoka County to Allocate Costs for Election Expenses.
th
Passed and adopted by the City Council of the City of Fridley this 25 day of October, 2021.
_______________________________________
Scott J. Lund Mayor
Attest:
Melissa Moore City Clerk
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Exhibit A
Anoka County Contract No. _____________
JOINT POWERS AGREEMENT BETWEEN
ANOKA COUNTY AND THE MUNICIPALITIES, TOWNSHIPS AND SCHOOL DISTRICTS
IN ANOKA COUNTY
TO ALLOCATE COSTS FOR ELECTION EXPENSES
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!
Section 1
Term
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Section 2
Contract Termination
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boe!qbzbcmf!cz!uif!Hpwfsonfoubm!Foujuz!up!uif!Dpvouz/!
!
Section 3
Voting Equipment System Definition
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tztufn!jo!xijdi!uif!wpufs!sfdpset!wpuft!cz!nfbot!pg!nbsljoh!b!cbmmpu-!tp!uibu!wpuft!nbz!
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Exhibit A
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frvjqnfou!jo!Boplb!Dpvouz/!
!
Section 4
Applicability
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!
Dbufhpsz!B;!Gfefsbm!Pggjdft!
Tubuf!Pggjdft!ps!Dpotujuvujpobm!Bnfoenfout!
Kvejdjbm!Pggjdft!
Dpvouz!Pggjdft!ps!Cbmmpu!Rvftujpot!
Tpjm!boe!Xbufs!Ejtusjdu!Pggjdft!ps!Cbmmpu!Rvftujpot!
Dbufhpsz!C;!Nvojdjqbm!)Upxotijq*!Pggjdft!ps!Cbmmpu!Rvftujpot!
Dbufhpsz!D;!Tdippm!Ejtusjdu!Pggjdft!ps!Cbmmpu!Rvftujpot!
Section 5
County Responsibilities
6/!Fydfqu!bt!puifsxjtf!qspwjefe!jo!uijt!dpousbdu!ps!sfrvjsfe!cz!tubuvuf!ps!tubuf!ps!gfefsbm!svmf-!
uif!Dpvouz!tibmm!cf!sftqpotjcmf!gps!qsfqbsjoh!uif!tqfdjgjdbujpot!gps!uif!qvsdibtf!boe!
nbjoufobodf!pg!uif!Wpujoh!Frvjqnfou!Tztufn!bt!efgjofe!ifsfjo!boe!gps!uif!qvsdibtf!boe!
nbjoufobodf!pg!uif!tztufn-!jodmvejoh!nbljoh!bmm!qbznfout!boe!fyqfoejuvsft!gps!dbqjubm!boe!
po.hpjoh!pqfsbujoh!dptut!sfmbufe!up!uif!wpujoh!frvjqnfou!tztufn/!Jo!beejujpo-!gps!bmm!
Dbufhpsz!B-!C-!boe!D!Fmfdujpot-!Boplb!Dpvouz!tibmm;!
!
6/2/!!Qfsgpsn!wpujoh!frvjqnfou!tztufn!qsphsbnnjoh!jodmvejoh!cbmmput-!cbmmpu!dpvoufst-!cbmmpu!
nbslfst-!boe!puifs!dpnqpofout!pg!uif!wpujoh!frvjqnfou!tztufn!vtfe!up!nbsl-!dpvou-!
sfdpse!ps!sfqpsu!fmfdujpo!sfuvsot!boe!tubujtujdt/!
!
6/3/!Qfsgpsn!qsphsbnnjoh!boe!uftujoh!pg!uif!Tubuf!Fmfdujpo!Sfqpsujoh!Tztufn!joufsgbdf-!
tvckfdu!up!qpmjdjft!pg!uif!Tubuf/!
!
6/4/!Qsphsbn!boe!efwfmpq!b!wpujoh!frvjqnfou!uftujoh!qmbo!gps!fbdi!fmfdujpo!bddpsejoh!up!
tubuvupsz!sfrvjsfnfout/!
!
6/5/!Qspwjef!cbmmpu!eftjho!boe!mbzpvu!tfswjdft!boe!bssbohf!gps!uif!qsjoujoh!pg!cbmmput!up!cf!
vtfe!jo!uif!fmfdujpot/!
!
Section 6
7/!Fydfqu!bt!puifsxjtf!qspwjefe!jo!uijt!dpousbdu-!fbdi!joejwjevbm!Hpwfsonfoubm!Foujuz!tibmm!cf!
sftqpotjcmf!gps!boe!tibmm!qfsgpsn!bmm!evujft!boe!bttvnf!bmm!dptut!bttpdjbufe!xjui!uif!
qspevdujpo!pg!uftu!efdlt-!boe!dpoevdu!pg!qsf.fmfdujpo!boe!qptu.fmfdujpo!uftut!boe!bvejut!pg!
qsfdjodu!wpujoh!frvjqnfou!gps!fbdi!fmfdujpo!boe!tibmm!vujmj{f!dpvouz.qspwjefe!tpguxbsf-!bt!
efufsnjofe!ofdfttbsz!cz!uif!Dpvouz-!up!usbdl!uif!uftujoh-!bttjhonfou-!efqmpznfou-!dibjo!pg!
dvtupez-!boe!bttpdjbufe!mphjtujdbm!pqfsbujpot!pg!tbje!frvjqnfou!jo!Boplb!Dpvouz-!bt!gpmmpxt;!
!
51
Jufn!4/
Exhibit A
!
7/2/!Xifo!Dbufhpsz!B!boe0ps!C!pggjdft!ps!rvftujpot!bqqfbs!po!uif!cbmmpu;!
!
7/2/2/!Uif!nvojdjqbmjuz!tibmm!cf!sftqpotjcmf!gps!boe!bttvnf!bmm!dptut!bttpdjbufe!xjui!
uif!qspevdujpo!pg!uftu!efdlt-!boe!dpoevdu!pg!qsf.fmfdujpo!boe!qptu.fmfdujpo!uftut!
boe!bvejut!pg!qsfdjodu!wpujoh!frvjqnfou!gps!bmm!fmfdujpot!xijdi!jodmvef!b!Dbufhpsz!
B!boe0ps!C!pggjdf!ps!rvftujpo/!
!
7/2/3/!Uif!nvojdjqbmjuz!tibmm!bttvnf!bmm!dptut!sfrvjsfe!up!bssbohf!gps!uif!vtf!pg!qpmmjoh!
qmbdft!jo!uif!nboofs!sfrvjsfe!cz!uif!Njooftpub!fmfdujpo!mbx-!gps!fotvsjoh!uif!
qiztjdbm!tfu!vq!pg!sppnt!boe!gvsojtijoht!bsf!dpoevdjwf!up!uif!wpujoh!qspdftt-!
boe!gps!fotvsjoh!uibu!bmm!ofdfttbsz!frvjqnfou!boe!tvqqmjft!bsf!efmjwfsfe!up!uif!
qpmmjoh!qmbdf!gps!vtf!po!Fmfdujpo!Ebz/!
!
7/2/4/!Uif!nvojdjqbmjuz!tibmm!bttvnf!bmm!dptut!sfmbufe!up!qjdljoh!vq!cbmmput-!tvqqmjft!boe!
frvjqnfou!gspn!uif!Boplb!Dpvouz!Fmfdujpot!boe!Wpufs!Sfhjtusbujpo!Pggjdf!jo!
Boplb!boe!puifs!tupsbhf!mpdbujpot!uibu!nbz!cf!bssbohfe!gspn!ujnf!up!ujnf-!boe!
usbotqpsujoh!uifn!up!boe!gspn!uif!qpmmjoh!qmbdf/!
!
7/2/5/!Uif!nvojdjqbmjuz!tibmm!bttvnf!bmm!dptut!sfmbufe!up!jttvjoh-!sfdfjwjoh!boe!
qspdfttjoh!bctfouff!cbmmput!dbtu!cz!jo.qfstpo!bctfouff!wpufst!jo!uibu!
nvojdjqbmjuz!jodmvejoh!qspdvsfnfou!boe!qsfqbsbujpo!pg!qiztjdbm!tqbdft-!
frvjqnfou-!boe!tubgg!offefe!up!benjojtufs!uif!qspdftt-!boe!dptut!gps!efmjwfsz!pg!
wpufe!cbmmput!up!uif!Boplb!Dpvouz!Dfousbm!Dpvou!Bctfouff!Qsfdjodu.
7/2/6/!Uif!nvojdjqbmjuz!tibmm!bttvnf!bmm!dptut!sfmbufe!up!sfdsvjujoh-!ijsjoh-!boe!qbzjoh!
Fmfdujpo!Kvehft!gps!bmm!ipvst!tfswfe!jodmvejoh!usbjojoh-!uftujoh-!fmfdujpo!ebz!
bttjhonfout-!boe!boz!puifs!xpsl!bttjhonfout!bttpdjbufe!xjui!uif!fmfdujpo/!
!
7/3/!Xifo!pomz!Dbufhpsz!D!pggjdft!ps!rvftujpot!bqqfbs!po!uif!cbmmpu;!
!
7/3/2/!Uif!Tdippm!Ejtusjdu!tibmm!cf!sftqpotjcmf!boe!tibmm!bttvnf!bmm!dptut!bttpdjbufe!
xjui!uif!qspevdujpo!pg!uftu!efdlt!boe!dpoevdu!pg!qsf.fmfdujpo!boe!qptu.fmfdujpo!
uftut!boe!bvejut!pg!qsfdjodu!wpujoh!frvjqnfou!gps!bmm!fmfdujpot!xijdi!jodmvef!pomz!
Dbufhpsz!D!pggjdft!ps!rvftujpot/!
!
7/3/3/!Uif!tdippm!ejtusjdu!tibmm!bttvnf!bmm!dptut!sfrvjsfe!up!bssbohf!gps!uif!vtf!pg!
qpmmjoh!qmbdft!jo!uif!nboofs!sfrvjsfe!cz!mbx-!gps!fotvsjoh!uif!qiztjdbm!tfu!vq!pg!
sppnt!boe!gvsojtijoht!bsf!dpoevdjwf!up!uif!wpujoh!qspdftt-!boe!gps!fotvsjoh!uibu!
bmm!ofdfttbsz!frvjqnfou!boe!tvqqmjft!bsf!efmjwfsfe!up!uif!qpmmjoh!qmbdf!gps!vtf!
po!Fmfdujpo!Ebz/!
!
7/3/4/!Uif!tdippm!ejtusjdu!tibmm!bttvnf!bmm!dptut!sfmbufe!up!qjdljoh!vq!cbmmput-!tvqqmjft!
boe!frvjqnfou!gspn!uif!Boplb!Dpvouz!Fmfdujpot!boe!Wpufs!Sfhjtusbujpo!Pggjdf!jo!
Boplb!boe!puifs!tupsbhf!mpdbujpot!uibu!nbz!cf!bssbohfe!gspn!ujnf!up!ujnf-!boe!
usbotqpsujoh!uifn!up!boe!gspn!uif!qpmmjoh!qmbdf/!
!
52
Jufn!4/
Exhibit A
7/3/5/!Uif!tdippm!ejtusjdu!tibmm!bttvnf!bmm!dptut!sfmbufe!up!jttvjoh-!sfdfjwjoh!boe!
qspdfttjoh!bctfouff!cbmmput!dbtu!cz!jo.qfstpo!bctfouff!wpufst!jo!uif!tdippm!
ejtusjdu!jodmvejoh!qspdvsfnfou!boe!qsfqbsbujpo!pg!qiztjdbm!tqbdft-!frvjqnfou-!
boe!tubgg!offefe!up!benjojtufs!uif!qspdftt-!boe!dptut!gps!efmjwfsz!pg!wpufe!cbmmput!
up!uif!Boplb!Dpvouz!Dfousbm!Dpvou!Bctfouff!Qsfdjodu/!
!
7/3/6/!Uif!tdippm!ejtusjdu!tibmm!bttvnf!bmm!dptut!sfmbufe!up!sfdsvjujoh-!ijsjoh-!boe!qbzjoh!
Fmfdujpo!Kvehft!gps!bmm!ipvst!tfswfe!jodmvejoh!usbjojoh-!uftujoh-!fmfdujpo!ebz!
bttjhonfout-!boe!boz!puifs!xpsl!bttjhonfout!bttpdjbufe!xjui!uif!fmfdujpo/!
!
Section 7
Allocation of Election Expenses
8/!Fydfqu!bt!bmsfbez!tqfdjgjdbmmz!qspwjefe!gps!ifsfjo-!uif!Wpujoh!Frvjqnfou!Tztufn!
qspdvsfnfou-!nbjoufobodf!boe!tvqqpsu!dptu!tibmm!cf!ejwjefe!cfuxffo!uif!dpvouz-!jut!
nvojdjqbmjujft-!boe!tdippm!ejtusjdut!bt!gpmmpxt;!
!
8/2/!Uif!Dpvouz!tibmm!jodvs!66&!pg!uif!bduvbm!dptu!pg!qspdvsfnfou-!pqfsbujpo-!
boe!nbjoufobodf!pg!uif!tztufn!pwfs!uif!evsbujpo!pg!uijt!dpousbdu/!
!
8/3/!Nvojdjqbmjujft!mpdbufe!xipmmz!ps!jo!qbsu!jo!Boplb!Dpvouz!tibmm-!dpmmfdujwfmz-!jodvs!
41&!pg!uif!bduvbm!dptu!pg!qspdvsfnfou-!pqfsbujpo-!boe!nbjoufobodf!pg!uif!
tztufn!pwfs!uif!evsbujpo!pg!uijt!dpousbdu/!
!
8/4/!Tdippm!Ejtusjdut!mpdbufe!xipmmz!ps!jo!qbsu!jo!Boplb!Dpvouz!tibmm!jodvs!26&!pg!uif!
bduvbm!dptu!pg!qspdvsfnfou-!pqfsbujpo-!boe!nbjoufobodf!pg!uif!tztufn!pwfs!uif!
evsbujpo!pg!uijt!dpousbdu/!
!
8/5/!Boplb!Dpvouz!tibmm!nblf!bmm!qbznfout!boe!fyqfoejuvsft!gps!dbqjubm!boe!po.!
hpjoh!pqfsbujoh!boe!nbjoufobodf!dptut!sfmbufe!up!uif!tztufn!uispvhipvu!uif!
evsbujpo!pg!uijt!dpousbdu/!
!
8/6/!Uif!boovbm!gff!gps!fbdi!kvsjtejdujpo!tibmm!cf!ftubcmjtife!bt!gpmmpxt;!
!
8/6/2/!Fbdi!joejwjevbm!nvojdjqbmjuz!tibmm!qbz!b!gff!frvbm!up!uibu!qfsdfoubhf!pg!
uif!upubm!Boplb!Dpvouz!qpqvmbujpo!sftjejoh!jo!uibu!nvojdjqbmjuz!bu!uif!ujnf!
pg!uif!nptu!sfdfou!dfotvt!nvmujqmjfe!cz!uif!nvojdjqbm!tibsf!)41&*!pg!uif!
bduvbm!dptu!pg!qspdvsfnfou-!qmvt!uif!bduvbm!dptu!pg!pqfsbujpo!boe!
nbjoufobodf!pg!uif!tztufn-!bt!tpmfmz!efufsnjofe!cz!uif!Dpvouz-!
dbmdvmbufe!boovbmmz!uispvhipvu!uif!evsbujpo!pg!uif!dpousbdu!
!
8/6/3/!Fbdi!joejwjevbm!tdippm!ejtusjdu!tibmm!qbz!b!gff!frvbm!up!uibu!qfsdfoubhf!pg!
uif!upubm!Boplb!Dpvouz!qpqvmbujpo!sftjejoh!jo!uibu!tdippm!ejtusjdu!bu!uif!
ujnf!pg!uif!nptu!sfdfou!dfotvt!nvmujqmjfe!cz!uif!tdippm!ejtusjdu!tibsf!
)26&*!pg!uif!bduvbm!dptu!pg!qspdvsfnfou-!qmvt!uif!bduvbm!dptu!pg!
pqfsbujpo!boe!nbjoufobodf!pg!uif!tztufn-!bt!tpmfmz!efufsnjofe!cz!uif!
Dpvouz-!dbmdvmbufe!boovbmmz!uispvhipvu!uif!evsbujpo!pg!uif!dpousbdu/!
!
53
Jufn!4/
Exhibit A
8/6/4/!Fbdi!Hpwfsonfoubm!Foujuz!tibmm!cf!jowpjdfe!boovbmmz!cz!Kvof!2!gps!fbdi!
dbmfoebs!zfbs!pg!uif!bhsffnfou!gps!uif!bcpwf!sfgfsfodfe!gfft/!Tbje!gfft!
tibmm!cf!evf!boe!qbzbcmf!xjuijo!uijsuz!)41*!dbmfoebs!ebzt!pg!jowpjdjoh/!
!
8/6/5/!Uif!Hpwfsonfoubm!Foujujft!ifsfcz!bhsff!uibu!uifz!xjmm!opu!sfbmmpdbuf!boz!
pg!uif!dptut!jodvssfe!ifsfjo/!
!
8/7/!Gps!fbdi!hpwfsonfoubm!foujuz-!uif!Dpvouz!tibmm!efufsnjof!uibu!qspqpsujpo!pg!uif!cbmmpu!
efwpufe!up!pggjdft!boe!rvftujpot!gps!uibu!foujuz!bt!b!qfsdfoubhf!pg!uif!upubm!ovncfs!pg!
dpmvno!jodift!po!uif!cbmmpu-!boe!qspwjef!bo!jowpjdf!up!uif!hpwfsonfoubm!foujuz!gps!uibu!
tibsf!pg!uif!dptu!pg!cbmmpu!qsjoujoh-!qbqfs!boe!opsnbm!efmjwfsz!dibshft/!
!
8/8/!Gps!fbdi!hpwfsonfoubm!foujuz-!uif!Dpvouz!tibmm!efufsnjof!uibu!qspqpsujpo!pg!uif!cbmmpu!
efwpufe!up!pggjdft!boe!rvftujpot!gps!uibu!foujuz!bt!b!qfsdfoubhf!pg!uif!upubm!ovncfs!pg!
dpmvno!jodift!po!uif!cbmmpu-!boe!qspwjef!bo!jowpjdf!up!uif!hpwfsonfoubm!foujuz!gps!uibu!
tibsf!pg!uif!dptu!pg!qptubhf!gps!epnftujd!nbjmfe!bctfouff!cbmmput!boe!bctfouff!cbmmput!
dbtu!voefs!uif!Vojgpsnfe!Pwfstfbt!Djuj{fot!Bctfouff!Wpujoh!Bdu!)VPDBWB*/!
!
Section 8
Documentation of Election Expenses
9/!Epdvnfoubujpo!pg!bduvbm!fyqfoejuvsft!bt!sfrvjsfe!cz!uif!Dpvouz!jt!sfrvjsfe!gps!uif!
bmmpdbujpo!pg!fmfdujpo!fyqfotft!qvstvbou!up!uijt!bhsffnfou/!Jowpjdft!ps!cjmmjoh!
tubufnfout!bsf!bddfqubcmf!epdvnfoubujpo!gps!hppet!ps!tfswjdft!qvsdibtfe!gps!
wfoepst/!
!
Section 9
Ownership
:/!Uif!Hpwfsonfoubm!Foujujft!bdlopxmfehf!uibu!uif!Dpvouz!pxot!uif!Wpujoh!Frvjqnfou!
Tztufn!boe!uibu!uif!Hpwfsonfoubm!Foujujft!bsf!bvuipsj{fe!up!vtf!tbje!Wpujoh!Frvjqnfou!
Tztufn!gps!pggjdjbm!fmfdujpo!sfmbufe!qvsqptft/!Vtf!pg!uif!Wpujoh!Frvjqnfou!Tztufn!cz!uif!
Hpwfsonfoubm!Foujujft!gps!boz!puifs!qvsqptf!jt!tusjdumz!qspijcjufe!bctfou!fyqsftt!xsjuufo!
dpotfou!pg!uif!Dpvouz/!Uif!Hpwfsonfoubm!Foujujft!ifsfcz!bdlopxmfehf!boe!bhsff!uibu!uif!
Wpujoh!Frvjqnfou!Tztufn!nbz!dpoubjo!qspqsjfubsz!boe!usbef!tfdsfu!jogpsnbujpo!uibu!jt!
pxofe!cz!b!uijse!qbsuz!boe!jt!qspufdufe!voefs!gfefsbm!dpqzsjhiu!mbx!ps!puifs!mbxt-!svmft-!
sfhvmbujpot-!boe!efdjtjpot/!Uif!Hpwfsonfoubm!Foujujft!tibmm!qspufdu!boe!nbjoubjo!uif!
qspqsjfubsz!boe!usbef!tfdsfu!tubuvt!pg!uif!Wpujoh!Frvjqnfou!Tztufn!jo!uifjs!qpttfttjpo/!
!
Section 10
Handling Of Equipment and Insurance
21/!Fbdi!nvojdjqbmjuz!tibmm!cf!sftqpotjcmf!gps!tupsbhf!pg!fmfdujpot!frvjqnfou!bttjhofe!cz!uif!
dpvouz!up!uibu!nvojdjqbmjuz/!Nvojdjqbmjujft!tibmm!nblf!bmm!ofdfttbsz!fmfdujpot!frvjqnfou!jo!
jut!qpttfttjpo!bwbjmbcmf!up!puifs!foujujft!bt!ejsfdufe!cz!uif!dpvouz/!
!
Fbdi!Hpwfsonfoubm!Foujuz!bdlopxmfehft!uibu!ju!tibmm!cf!sftqpotjcmf!gps!uif!Wpujoh!
Frvjqnfou!Tztufn!xijmf!ju!jt!jo!uif!Hpwfsonfoubm!Foujuz(t!dvtupez/!Fbdi!Hpwfsonfoubm!
Foujuz-!fjuifs!uispvhi!jotvsbodf!ps!b!tfmg.jotvsbodf!qsphsbn-!tibmm!cf!sftqpotjcmf!gps!bmm!
dptut-!gfft-!ebnbhft!boe!fyqfotft!jodmvejoh!cvu!opu!mjnjufe!up!qfstpobm!jokvsz-!tupsbhf-!
ebnbhf-!sfqbjs!boe0ps!sfqmbdfnfou!pg!uif!Wpujoh!Frvjqnfou!Tztufn!xijmf!ju!jt!jo!uif!
!
54
Jufn!4/
Exhibit A
Hpwfsonfoubm!Foujuz(t!dvtupez!boe!uijt!dpousbdu!jt!jo!fggfdu!vomftt!tvdi!dptut-!gfft-!
ebnbhft-!boe!fyqfotft!bsf!uifo!dvssfoumz!dpwfsfe!voefs!b!nbovgbduvsfs!xbssbouz!
dpwfsjoh!tbje!frvjqnfou/!Uif!Hpwfsonfoubm!Foujujft!tibmm!cf!sftqpotjcmf!gps-!qspwjef!
dpwfsbhf!gps!boe!tibmm!qspwjef!qsppg!pg!hfofsbm!mjbcjmjuz!boe!xpslfs(t!dpnqfotbujoh!
jotvsbodf!)Ipme!Ibsnmftt!Bhsffnfou*!gps!bmm!joejwjevbmt!qspwjejoh!tfswjdft!sfrvjsfe!cz!uijt!
dpousbdu/!Jo!beejujpo!up!uif!gpsfhpjoh-!uif!Hpwfsonfoubm!Foujujft!tibmm-!evsjoh!uif!ufsn!pg!uijt!
dpousbdu-!nbjoubjo-!uispvhi!dpnnfsdjbmmz!bwbjmbcmf!jotvsbodf!ps!po!b!tfmg.jotvsfe!cbtjt-!
qspqfsuz!jotvsbodf!dpwfsbhf!po!bmm!pg!uif!wpujoh!tztufnt!vtfe!ps!joufoefe!gps!vtf!jo!uijt!
bhsffnfou!up!dpwfs!bmm!sfqbjst!ps!sfqmbdfnfou!pg!uif!wpujoh!frvjqnfou!jg!ebnbhfe!ps!tupmfo/!
Uif!Hpwfsonfoubm!Foujujft!bsf!sftqpotjcmf!gps!boz!efevdujcmf!voefs!uifjs!qpmjdz/!
!
Section 11
Independent Contractor
22/!Ju!jt!bhsffe!uibu!opuijoh!jo!uijt!dpousbdu!jt!joufoefe!ps!tipvme!cf!dpotusvfe!bt!dsfbujoh!uif!
sfmbujpotijq!pg!bhfout-!qbsuofst-!kpjou!wfouvsft-!ps!bttpdjbuft!cfuxffo!uif!qbsujft!ifsfup!ps!
bt!dpotujuvujoh!uif!Dpvouz!ps!uif!Hpwfsonfoubm!Foujujft!bt!uif!fnqmpzff!pg!uif!puifs!foujuz!
gps!boz!qvsqptf!ps!jo!boz!nboofs!xibutpfwfs/!Uif!Dpvouz!jt!bo!joefqfoefou!dpousbdups!
boe!ofjuifs!ju-!jut!fnqmpzfft-!bhfout-!ops!jut!sfqsftfoubujwft!bsf!fnqmpzfft!pg!uif!
Hpwfsonfoubm!Foujujft/!Gspn!boz!bnpvout!evf!uif!Dpvouz-!uifsf!tibmm!cf!op!efevdujpot!gps!
gfefsbm!jodpnf!uby!ps!GJDB!qbznfout-!ops!gps!boz!tubuf!jodpnf!uby-!ops!gps!boz!puifs!
qvsqptft!xijdi!bsf!bttpdjbufe!xjui!bo!fnqmpzfs.fnqmpzff!sfmbujpotijq!vomftt!sfrvjsfe!cz!
mbx/!
!
Section 12
Data Practices
23/!Bmm!ebub!dsfbufe-!dpmmfdufe-!sfdfjwfe-!nbjoubjofe-!ps!ejttfnjobufe!gps!boz!qvsqptf!jo!uif!
dpvstf!pg!uijt!dpousbdu!jt!hpwfsofe!cz!uif!Njooftpub!Hpwfsonfou!Ebub!Qsbdujdft!Bdu-!boz!
puifs!bqqmjdbcmf!tubuvuf-!ps!boz!svmft!bepqufe!up!jnqmfnfou!uif!Bdu!ps!tubuvuf-!bt!xfmm!bt!
gfefsbm!tubuvuft!boe!sfhvmbujpot!po!ebub!qsjwbdz/!
!
Section 13
No Waiver
24/!Op!efmbz!ps!pnjttjpo!cz!fjuifs!qbsuz!ifsfup!up!fyfsdjtf!boz!sjhiu!ps!qpxfs!pddvssjoh!vqpo!
boz!opodpnqmjbodf!ps!efgbvmu!cz!uif!puifs!qbsuz!xjui!sftqfdu!up!boz!pg!uif!ufsnt!pg!uijt!
Bhsffnfou!tibmm!jnqbjs!boz!tvdi!sjhiu!ps!qpxfs!ps!cf!dpotusvfe!up!cf!b!xbjwfs!uifsfpg!
vomftt!uif!tbnf!jt!dpotfoufe!up!jo!xsjujoh/!B!xbjwfs!cz!fjuifs!pg!uif!qbsujft!ifsfup!pg!boz!pg!
uif!dpwfobout-!dpoejujpot-!ps!bhsffnfout!up!cf!pctfswfe!cz!uif!puifs!tibmm!opu!cf!dpotusvfe!
up!cf!b!xbjwfs!pg!boz!tvddffejoh!csfbdi!uifsfpg!ps!pg!boz!dpwfobou-!dpoejujpo-!ps!bhsffnfou!
ifsfjo!dpoubjofe/!Bmm!sfnfejft!qspwjefe!gps!jo!uijt!Bhsffnfou!tibmm!cf!dvnvmbujwf!boe!jo!
beejujpo!up-!boe!opu!jo!mjfv!pg-!boz!puifs!sfnfejft!bwbjmbcmf!up!fjuifs!qbsuz!bu!mbx-!jo!frvjuz-!ps!
puifsxjtf/!
!
Section 14
Governing Law
25/!Uijt!Bhsffnfou!tibmm!cf!hpwfsofe!cz!boe!dpotusvfe!jo!bddpsebodf!xjui!uif!mbxt!pg!uif!
Tubuf!pg!Njooftpub/!
!
55
Jufn!4/
Exhibit A
Section 15
Entire Agreement
26/!Ju!jt!voefstuppe!boe!bhsffe!uibu!uif!foujsf!Bhsffnfou!cfuxffo!uif!qbsujft!jt!dpoubjofe!
ifsfjo!boe!uibu!uijt!Bhsffnfou!tvqfstfeft!bmm!psbm!bhsffnfout!boe!ofhpujbujpot!cfuxffo!
uif!qbsujft!sfmbujoh!up!uif!tvckfdu!nbuufs!ifsfpg!boe!ifsfcz!sftdjoet!boe!sfqmbdf!bmm!qsjps!
Bhsffnfout!xjui!uif!sftqfdujwf!Hpwfsonfoubm!Foujujft!xjui!uijt!Bhsffnfou/!Bmm!jufnt!
sfgfssfe!up!jo!uijt!Bhsffnfou!bsf!jodpsqpsbufe!ps!buubdife!boe!bsf!effnfe!up!cf!qbsu!pg!uijt!
Bhsffnfou/!Boz!bmufsbujpot-!wbsjbujpot-!npejgjdbujpot-!ps!xbjwfst!pg!qspwjtjpot!pg!uijt!
Bhsffnfou!tibmm!pomz!cf!wbmje!xifo!uifz!ibwf!cffo!sfevdfe!up!xsjujoh!bt!bo!bnfoenfou!up!
uijt!Bhsffnfou!tjhofe!cz!uif!qbsujft!ifsfup/!
!
Section 16
No Assignment
27/!Ofjuifs!qbsuz!tibmm!bttjho-!tvcmfu-!ps!usbotgfs!uijt!Bhsffnfou-!fjuifs!jo!xipmf!ps!jo!qbsu-!
xjuipvu!uif!qsjps!xsjuufo!dpotfou!pg!uif!puifs!qbsuz-!boe!boz!buufnqu!up!ep!tp!tibmm!cf!wpje!
boe!pg!op!gpsdf!boe!fggfdu/!
!
Section 17
No Warranty
28/!Uif!Hpwfsonfoubm!Foujujft!bhsff!uibu!uif!Dpvouz!jt!gvsojtijoh!uif!Wpujoh!Frvjqnfou!Tztufn!
po!bo!#bt!jt#!cbtjt-!xjuipvu!sfqsftfoubujpo!ps!boz!fyqsftt!ps!jnqmjfe!xbssboujft-!puifs!uibo!
uiptf!qspwjefe!cz!boz!nbjoufobodf!bhsffnfou!foufsfe!joup!cz!uif!Dpvouz!gps!uif!
nbjoufobodf!pg!uif!Wpujoh!Frvjqnfou!Tztufn-!jodmvejoh!cvu!opu!mjnjufe!up-!gjuoftt!gps!
qbsujdvmbs!qvsqptf-!nfsdiboubcjmjuz!ps!uif!bddvsbdz!boe!dpnqmfufoftt!pg!uif!Wpujoh!
Frvjqnfou!Tztufn/!
!
Uif!Hpwfsonfoubm!Foujuz(t!fydmvtjwf!sfnfez!boe!uif!Dpvouz(t!tpmf!mjbcjmjuz!gps!boz!
tvctuboujbm!efgfdu!xijdi!jnqbjst!uif!vtf!pg!uif!Wpujoh!Frvjqnfou!Tztufn!gps!uif!qvsqptft!
tubufe!ifsfjo!tibmm!cf!uif!sjhiu!up!ufsnjobuf!uijt!bhsffnfou/!
!
Uif!Dpvouz!epft!opu!xbssbou!uibu!uif!Fmfdujpo!Wpujoh!Frvjqnfou!Tztufn!xjmm!cf!fssps!gsff/!
!
Uif!Dpvouz!ejtdmbjnt!boz!puifs!xbssboujft-!fyqsftt!ps!jnqmjfe-!sftqfdujoh!uijt!bhsffnfou!ps!
uif!Wpujoh!Frvjqnfou!Tztufn/!
!
Jo!op!fwfou!tibmm!uif!Dpvouz!cf!mjbcmf!gps!bduvbm-!ejsfdu-!joejsfdu-!tqfdjbm-!jodjefoubm-!
dpotfrvfoujbm!ebnbhft!)fwfo!jg!uif!Dpvouz!ibt!cffo!bewjtfe!pg!uif!qpttjcjmjuz!pg!tvdi!
ebnbhf*!ps!mptt!pg!qspgju-!mptt!pg!cvtjoftt!ps!boz!puifs!gjobodjbm!mptt!ps!boz!puifs!ebnbhf!
bsjtjoh!pvu!pg!qfsgpsnbodf!ps!gbjmvsf!pg!qfsgpsnbodf!pg!uijt!Bhsffnfou!cz!uif!Dpvouz/!
Fydfqu!bt!puifsxjtf!tqfdjgjdbmmz!qspwjefe!gps!jo!uijt!bhsffnfou-!Dpvouz!boe!uif!
Hpwfsonfoubm!Foujujft!bhsff!fbdi!xjmm!cf!sftqpotjcmf!gps!uifjs!pxo!bdut!boe!pnjttjpot!
voefs!uijt!Bhsffnfou!boe!uif!sftvmut!uifsfpg!boe!tibmm!up!uif!fyufou!bvuipsj{fe!cz!mbx!
efgfoe-!joefnojgz!boe!ipme!ibsnmftt!uif!puifs!qbsuz!gps!tvdi!bdut/!Fbdi!qbsuz!tibmm!opu!cf!
sftqpotjcmf!gps!uif!bdut-!fsspst!ps!pnjttjpot!pg!boz!puifs!qbsuz!voefs!uif!Bhsffnfou!boe!uif!
sftvmut!uifsfpg/!Uif!qbsujft(!sftqfdujwf!mjbcjmjujft!tibmm!cf!hpwfsofe!cz!uif!qspwjtjpot!pg!uif!
Nvojdjqbm!Upsu!Dmbjnt!Bdu-!Njooftpub!Tubuvuft!Dibqufs!577-!boe!puifs!bqqmjdbcmf!mbx/!Uijt!
qbsbhsbqi!tibmm!opu!cf!dpotusvfe!up!cbs!mfhbm!sfnfejft!pof!qbsuz!nbz!ibwf!gps!uif!puifs!
qbsuz(t!gbjmvsf!up!gvmgjmm!jut!pcmjhbujpot!voefs!uijt!Bhsffnfou/!Opuijoh!jo!uijt!Bhsffnfou!
!
56
Jufn!4/
Exhibit A
dpotujuvuft!b!xbjwfs!cz!uif!Hpwfsonfoubm!Foujujft!ps!Dpvouz!pg!boz!tubuvupsz!ps!dpnnpo!mbx!
efgfotft-!jnnvojujft-!ps!mjnjut!po!mjbcjmjuz/!
!
Section 18
Notice
29/!Boz!opujdf!ps!efnboe!tibmm!cf!jo!xsjujoh!boe!tibmm!cf!tfou!sfhjtufsfe!ps!dfsujgjfe!nbjm!up!uif!
puifs!qbsuz!beesfttfe!bt!gpmmpxt;!
!
Up!uif!Hpwfsonfoubm!Foujuz;!Up!uif!qfstpo!boe!beesftt!eftjhobufe!cz!fbdi!
Hpwfsonfoubm!Foujuz!jo!xsjujoh/!
!
!
Up!uif!Dpvouz;!Boplb!Dpvouz!Benjojtusbups!
3211!4se!Bwfovf-!Tvjuf!811!
Boplb!NO!!66414!
Dpqz!up;!Boplb!Dpvouz!Fmfdujpot!Nbobhfs!
3211!4se!Bwfovf-!Tvjuf!271!
Boplb!NO!!66414!
Section 19
Audit Provision
2:/!Cpui!qbsujft!bhsff!uibu!fjuifs!qbsuz-!uif!Tubuf!Bvejups-!ps!boz!pg!uifjs!evmz!bvuipsj{fe!
sfqsftfoubujwft!bu!boz!ujnf!evsjoh!opsnbm!cvtjoftt!ipvst-!boe!bt!pgufo!bt!uifz!nbz!
sfbtpobcmz!effn!ofdfttbsz-!tibmm!ibwf!bddftt!up!boe!uif!sjhiu!up!fybnjof-!bveju-!fydfsqu-!
boe!usbotdsjcf!boz!cpplt-!epdvnfout-!qbqfst-!sfdpset-!fud/-!xijdi!bsf!qfsujofou!up!uif!
bddpvoujoh!qsbdujdft!boe!qspdfevsft!pg!uif!puifs!qbsuz!boe!jowpmwf!usbotbdujpot!sfmbujoh!up!
uijt!Bhsffnfou/!Tvdi!nbufsjbmt!tibmm!cf!nbjoubjofe-!boe!tvdi!bddftt!boe!sjhiut!tibmm!cf!jo!
gpsdf!boe!fggfdu!evsjoh!uif!qfsjpe!pg!uif!dpousbdu!boe!gps!tjy!)7*!zfbst!bgufs!jut!ufsnjobujpo!ps!
dbodfmmbujpo/!
!
Section 20
Survival of Provisions
31/!Ju!jt!fyqsfttmz!voefstuppe!boe!bhsffe!uibu!uif!pcmjhbujpot!boe!xbssboujft!pg!uif!
Hpwfsonfoubm!Foujuz!boe!Dpvouz!ifsfpg!tibmm!tvswjwf!uif!dpnqmfujpo!pg!qfsgpsnbodf!boe!
ufsnjobujpo!ps!dbodfmmbujpo!pg!uijt!Bhsffnfou/!
!
!
Section 21
Authority
32/!Uif!qfstpo!ps!qfstpot!fyfdvujoh!uijt!Kpjou!Qpxfst!Bhsffnfou!po!cfibmg!pg!uif!
Hpwfsonfoubm!Foujuz!boe!Dpvouz!sfqsftfou!uibu!uifz!bsf!evmz!bvuipsj{fe!up!fyfdvuf!uijt!
Kpjou!Qpxfst!Bhsffnfou!po!cfibmg!pg!uif!Hpwfsonfoubm!Foujuz!boe!uif!Dpvouz!boe!
sfqsftfou!boe!xbssbou!uibu!uijt!Kpjou!Qpxfst!Bhsffnfou!jt!b!mfhbm-!wbmje!boe!cjoejoh!
pcmjhbujpo!boe!jt!fogpsdfbcmf!jo!bddpsebodf!xjui!jut!ufsnt/!
!
)Sftu!pg!qbhf!mfgu!joufoujpobmmz!cmbol*!
!
57
Jufn!4/
Exhibit A
IN WITNESS WHEREOF-!uif!qbsujft!ifsfup!ibwf!ifsfvoup!tfu!uifjs!iboet/!
!
COUNTY OF ANOKA
Cz;!!``````````````````````````````````!
!Tdpuu!Tdivmuf-!Dibjs-!
Boplb!Dpvouz!Cpbse!pg!Dpnnjttjpofst!
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Cz;!``````````````````````````````````!
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58
Jufn!4/
CITY OF FRIDLEY
Cz
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!!Tdpuu!Mvoe-!Nbzps!
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Ebufe;!Pdupcfs!36-!3132!
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Cz;!!
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Ebufe;!Pdupcfs!36-!3132
59
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AGENDA REPORT
Meeting Date:October 25, 2021 Meeting Type:City Council
Submitted By:Melissa Moore, City Clerk
Title
Resolution No. 2021-102, Designating Precincts and Polling Locations for the 2022 Election Year
Background
Minnesota Statute 204B.16, subd. 1 requires the governing body of each municipality to designate,by
resolution,precincts and polling locations by December 31 of each year for the following year. The
attached resolution designates the precincts and polling locations for 2022.
Following the completion of the decennial census, the City of Fridley(City)mustundergo redistricting
of its wards and precinct boundaries. This process ensures equal representation formunicipal, state and
federal offices. The City may not redistrict its wards before adoption of the State legislative redistricting
plan. The City may redistrict its wards, along with its precincts, within 60 days of legislative redistricting,
or by March 29, 2022, whichever comes first.
Staff does not anticipate this process being complete by the December 31 date by which jurisdictions
must designate polling locations for the next year. If wards,precinctsor polling placeschange, the City
Council (Council) will be asked to adopt a new resolution indicating the same.
In the coming months,staff will begin meeting to discuss redistrictingand prepare to addressif ward or
precinct boundaries should be redrawn. Plans and updates of the redistricting process will be shared
with the Council at a future Conference Meetingand then presented for adoption at a Regular Meeting.
Financial Impact
Assuming Council approval, the Proposed 2022 Budget included $15,000 for redistricting analysis and
review.
Recommendation
Staff recommend the adoption of Resolution No. 2021-102.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship
X Organizational Excellence
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
5:
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Attachments and Other Resources
!Resolution No. 2021-102
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
61
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Resolution No. 2021-102
Designating Precincts and Polling Locations for the 2022 Election Year
Whereas, Minnesota Statute 204B.16 subd. 1 requires the governing body of each municipality
to designate by resolution each year no later than December 31, polling locations for each ward
and precinct; and
Whereas, the polling places designated by this resolution are to be used for elections during the
year 2022.
Now, therefore be it resolved, that the City Council of the City Fridley hereby approves the
polling locations to be used as the municipal precincts in the calendar year 2022 as follows:
Ward 1 Precinct 1 Grace Evangelical Free Church, 755 73rd Avenue N.E.
Ward 1 Precinct 2 Hayes Elementary School, 615 Mississippi Street N.E.
Ward 1 Precinct 3 Fridley Civic Campus, 7071 University Avenue N.E.
Ward 1 Precinct 4 Fridley Community Center, 6085 7th Street N.E.
Ward 2 Precinct 1 Woodcrest Elementary School, 880 Osborne Road N.E.
Ward 2 Precinct 2 Michael Servetus Unitarian Church, 6565 Oakley Drive N.E.
Ward 2 Precinct 3 St. Philip's Lutheran Church, 6180 Highway 65 N.E.
Ward 2 Precinct 4 North Park Elementary School, 5575 Fillmore Street N.E.
Ward 3 Precinct 1 Springbrook Nature Center, 100 85th Avenue N.E.
Ward 3 Precinct 2 Redeemer Lutheran Church, 61 Mississippi Way N.E.
Ward 3 Precinct 3 Stevenson Elementary School, 6080 E River Road N.E.
Ward 3 Precinct 4 Fridley Covenant Church, 6390 University Avenue N.E.
Be it further resolved, that the City Council hereby directs the City Clerk to make all necessary
notifications and preparations for elections held in 2022 as required by Minnesota Statute,
Minnesota Rules, the City Charter and the Fridley City Code.
th
Passed and adopted by the City Council of the City of Fridley this 25 day of October, 2021.
Scott J. Lund - Mayor
Attest:
Melissa Moore, City Clerk
62
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AGENDA REPORT
Meeting Date:October 25, 2021 Meeting Type:City Council
Submitted By:James Kosluchar, Public Works Director
Title
Resolution No. 2021-103, Approving Civic Campus Settlement Agreement withBKV Group, Wenck
Associates, and McGoughConstruction
Background
In the summer of 2018, after site construction was completed in areas around the storm water ponds at
the Civic Campus, some failures of the concrete at the edges of the pond were noted. In the fall,a
meeting was held with the project team and a report was issued relating to the failures, which included
significant cracking of the concrete. It was thought best at that time to wait until one winter freeze-thaw
cycle had occurred to determine whether the extent of cracking was complete. The following year,
remedies were discussed amongst the design, owner, and contractor teams. A warranty repair method
was settled on, and its implementation proceeded in the fall of 2020.
The attached settlement agreement was proposed by the Architect (BKV Group), Engineer (Wenck
Associates), and Construction Manager (McGough Construction) to formalize responsibilities related to
the repair. Initially, the Citydeclined signing this agreement as we were not party to anysettlement and
were essentially third parties to what was worked out between the Architect, Engineer, and Construction
Managerto warranty initial failure of some concrete areas at the Civic Campuson the north side of the
pond.sattorneys have requested this agreement be executed by the City as
well, and we believe the repair has been performed to our expectations and without cost to the City. The
Construction Managerhas also performed the repair work ahead of this agreement being executed by
the City (to our satisfaction), and they believe they need this agreement in order to close out the cost of
the work with the Engineer and Architect.
Financial Impact
The agreement indicates repairs are performed without cost to the City.
Recommendation
Staff recommends the approval of Resolution No. 2021-103.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
x Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship
Organizational Excellence
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
63
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Attachments and Other Resources
!Resolution 2021-103
!Fridley Civic Center Settlement Agreement
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
64
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Resolution No. 2021-103
Approving Settlement Agreement with BKV Group, Inc., Wenck Associates, Inc. and
McGough Construction Co., LLC
Whereas, a settlement was worked out between BKV Group (Architect), Wenck Associates
(Engineer), and McGough Construction (Construction Manager) to warranty initial failure of a six
foot band of concrete running parallel to the pond at the Fridley Civic Campus, and
Whereas, the repair has been performed by McGough Construction to our expectations and
satisfaction without the need for such agreement from the City, and
Whereas, the agreement indicates the repair is performed without cost to the City, and
Whereas, McGough Construction has requested this agreement be executed by the City in order
to close out the project,
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves
execution of the attached settlement agreement.
th
Passed and adopted by the City Council of the City of Fridley this 25 day of October, 2021.
_______________________________________
Scott J. Lund Mayor
Attest:
Melissa Moore City Clerk
65
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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release (Ð Agreement Ñ) is made and entered into effective
as of date that this Agreement has been fully executed by all of the following parties (the Ð Effective
Date Ñ) (a) City of Fridley (Ð Fridley Ñ), (b) BKV Group, Inc. (Ð BKV Ñ), (c) Wenck Associates, Inc.
(ÐWenckÑ), and (d) McGough Construction Co., LLC (Ð McGough Ñ). Fridley, BKV, Wenck, and
McGough are singularly referred to as a ÐPartyÑ or collectively as the Ð Parties.Ñ
WHEREAS, effective on or around April 11, 2016, Fridley and BKV entered into a
modified B101 AIA Agreement between Owner and Architect (the Ð Architect Agreement Ñ) for
the design of the Fridley Civic Complex Project (the Ð Project Ñ).
WHEREAS, effective on or around April 11, 2016, BKV and Wenck entered into a
modified C401-2007 AIA Agreement between Architect and Consultant (the Ð Consultant
Agreement Ñ) for the civil design of the Project.
WHEREAS, effective on or around May 23, 2017, Fridley and McGough entered into a
modified A133 AIA Agreement between Owner and Construction Manager (the Ð Construction
Contract Ñ) for the construction of the Project.
WHEREAS, a challenge arose between BKV, Wenck, McGough, and Fridley over the
cracked concrete along the 6Ó wide panel running parallel to the pond (collectively, the Ð Fridley
Claims Ñ) at the Project.
WHEREAS, Fridley notified BKV and McGough of the Fridley Claims in accordance
with the terms of the Architect Agreement and Construction Contract.
WHEREAS, BKV notified Wenck of the Fridley Claims in accordance with the terms of
the Consultant Agreement.
66
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WHEREAS, the Parties agreed to avoid a formal dispute resolution over the Fridley
Claims and have agreed to resolve these issues on the terms and conditions set forth below and
without admission of wrongdoing or liability.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
expressly acknowledged, the Parties agree as follows:
1. No admission of liability: This Agreement is binding and represents a compromise
of disputed claims. This Agreement is not intended to be an admission of liability by the Parties.
2. BKV and Wenck Payment: Between them, BKV and Wenck, the ÐDesign TeamÑ
agree to pay McGough 2/3 the costs of the overall work, at McGoughÓs standard rates in effect
when the Repair Plan is performed, with Wenck paying 31/60 of the cost of completion of the
Repair Plan, and BKV paying 3/20 of the cost of the completion of the Repair Plan, and McGough
absorbing 1/3 of the cost of completion of the Repair Plan (defined in Paragraph 3 below) in
settlement of the Fridley Claims (ÐSettlement Amount Ñ). McGough shall receive payment of the
Settlement Amount from the Design Team within fifteen (15) calendar days of the date of
McGoughÓs invoice, which will be issued upon FridleyÓs acceptance of the Repair Plan work.
3. McGough Performance: McGough agrees to perform the concrete repair at
retaining wall pursuant to the Concrete Repair Plan, (ÐRepair PlanÑ) Figure 1, dated November
19, 2020 prepared by BKV Group, Inc. and Wenck and agreed upon by the Parties (attached as
Exhibit A). McGoughÓs performance of the Repair Plan is its financial contribution to the
Settlement Amount.
4. FridleyÓs Release of BKV, Wenck, and McGough: Subject to the survival
obligations set forth in Paragraph 6 of this Agreement and upon completion of the Repair Plan,
Fridley, on behalf of itself and all of its past and present officers, directors, shareholders,
employees, agents, representatives, predecessors, successors, subsidiaries, affiliated companies,
2
67
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insurers, and assigns, hereby releases and forever discharges McGough, BKV, and Wenck, any
and all of their respective past and present officers, directors, shareholders, trustees, principals,
members, insurers, employees, agents, representatives, predecessors, successors, and assigns from
any and all claims, losses, debts, liability, demands, obligations, costs (including costs of suit),
expenses, damages, attorneysÓ fees, actions and causes of action, of any nature, arising out of the
Fridley Claims.
5. Mutual Release of BKV, Wenck and McGough: Upon execution of this Agreement,
McGough, BKV, and Wenck, on behalf of themselves and each of their past and present officers,
directors, shareholders, employees, agents, representatives, predecessors, successors, subsidiaries,
affiliated companies, insurers, and assigns, hereby release and forever discharge the other from
and against any and all claims, losses, debts, liability, demands, obligations, costs (including costs
of suit), expenses, damages, attorneysÓ fees, actions and causes of action, of any nature arising out
of or related to the Settlement Amount, or the Fridley Claims.
6. Survival of Obligations: Except for the release of the Fridley Claims in Paragraph
4 of this Agreement, the Parties acknowledge and agree that financial contributions toward the
Settlement Amount and performance of the Repair Plan does not alter, waive, release or otherwise
impair any rights or remedies Fridley may have under the terms and conditions of the Construction
Contract, the Architect Agreement, at law, or in equity, including all warranties, guarantees, and
indemnities that have been provided by BKV and McGough under their respective agreements
with Fridley. The release of the Fridley Claims in Paragraph 4 of this Agreement does not extend
to future claims arising out of or related to unknown, latent defects in the work or design services
provided by BKV, Wenck, and McGough in connection with the Project.
7. Confidentiality: The Parties agree to maintain this Agreement as confidential,
subject to the following: (A) without disclosing the specific terms of this Agreement, including
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the amounts paid, the Parties may state or indicate in general terms the fact that their respective
claims have been settled or resolved; (B) the Parties may disclose the specific terms of this
Agreement to legal counsel and tax advisors, as well as the PartiesÓ officers, directors, insurers,
and employees; (C) the Parties may disclose the specific terms of this Agreement as necessary (i)
in any action to enforce this Agreement, (ii) as required by law, including discovery pursuant to
the Rules of Civil Procedure, and (iii) to satisfy obligations imposed by law, court order, reporting
and any regulatory requirements.
8. Non-Disparagement: The Parties agree that they will not criticize, defame, or
disparage: (i) the reputation, character, image, products or services of any other Party; and (ii) the
reputation, character or image or any present director, officer, employee or sales representative of
the other Parties.
9. Counterparts/Electronic Execution: This Agreement may be executed in
counterparts, each of which shall be treated as an original. This Agreement may also be executed
and delivered electronically and the same shall be fully enforceable against the Parties. Any Party
may request an originally signed execution version of this Agreement if such request is made
within thirty (30) days of the Effective Date.
10. Representations: The Parties acknowledge that they have been represented by
counsel in connection with the execution of this Agreement. The Parties have relied solely on
their own judgment, belief and knowledge and the advice and the recommendation of their own
independently-selected counsel. Each side shall bear its own costs, disbursements, and attorneysÓ
fees, as incurred.
11. Entire Agreement: This Agreement contains the entire agreement among the
Parties. The Parties have no other written or oral agreements relating to this settlement, and any
amendment or modification to this Agreement must be in writing signed by the Parties.
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12. Governing Law: This Agreement is governed by the laws of the State of Minnesota,
both as to interpretation and performance. If any provision of this Agreement is declared invalid
by the final decision of a court, the remaining provisions shall not be affected thereby.
13. Agreement Binding Upon Successors: The Parties agree that the terms, conditions
and provisions of this Agreement are binding upon, and shall inure to the benefit of all assigns,
successors-in-interest, personal representatives, estates, administrators, heirs, devisees and
legatees of each of the parties.
14. Authority: The signatories to this Agreement represent that they are duly
authorized to execute this Agreement on behalf of their principal, that the respective party they
represent possesses the right and authority to enter into this Agreement and that the making of this
Agreement does not violate any separate agreement with any other person or entity.
15. Estimated Repair Plan Cost: The maximum estimated cost of the Repair Plan including
compaction of subgrade and concrete testing is $130,000; however, McGough and the Design
Team agree that before the Repair Plan work begins, a detailed cost breakdown shall be provided
and agreed upon. In the event of changes in the Repair Plan work, McGough shall be entitled to
an equitable adjustment of the Settlement Amount as a result of such changes. Such adjustment in
the Settlement Amount shall be based upon mutual acceptance of a lump sum properly itemized
and supported by sufficient substantiating data.
16. Execution of Work. The construction is to start immediately in spring of 2021
contingent on weather and be completed within 45 days. All work shall be coordinated with the
Fridley prior to commencing.
\[THREE SIGNATURE PAGES IMMEDIATELY FOLLOW\]
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IN WITNESS WHEREOF, the undersigned has executed this Agreement, as of the date
below noted.
CITY OF FRIDLEY
By____________________________
Name_________________________
DATED: ___________________, 2020
Its____________________________
6
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IN WITNESS WHEREOF, the undersigned has executed this Agreement, as of the date
below noted.
BKV GROUP, INC.
By____________________________
Name__________________________ DATED: ___________________, 2020
Its____________________________
7
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IN WITNESS WHEREOF, the undersigned has executed this Agreement, as of the date
below noted.
WENCK ASSOCIATES, INC.
By____________________________
Name__________________________ DATED: ___________________, 2020
Its____________________________
8
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IN WITNESS WHEREOF, the undersigned has executed this Agreement, as of the date
below noted.
MCGOUGH CONSTRUCTION CO., LLC
By____________________________
Name_________________________ DATED: ___________________, 2020
Its____________________________
9
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AGENDA REPORT
Meeting Date:October25, 2021 Meeting Type:City Council
Submitted By:James Kosluchar, Public Works Director
Jon Lennander, PE
Title
ResolutionNo.2021-104, ApprovingLimited Use Permit with MnDOT for the University Avenue Trail
Project
Background
Attached is a Limited Use Permit(LUP)for the University Avenue trail project adjacent to the Roers Fridley
Apartments at Mississippi and University.The workis being performed under a contract with Iron Mark
Contracting through the Roers project. The trail is a cooperative project between Roers and the City of
Fridley(City).
The trail is located within the University Avenue right-of-way(ROW), and currently under construction.
MnDOT recently contacted the City and requested an LUP be prepared and executed before the trail
was paved. The attached LUP was prepared by MnDOT and has been submitted to the City for approval.
The Contractor will plan to pave the trail with the approval of a ROWpermit, which requires the LUP to
be completed. The timing for the required permit may push paving until spring 2022.
Financial Impact
The trail is a part of the Roers project,however the City is paying to increase the trail from an eightfoot
width to 10 foot width. The City will be responsible for the costs of approving the LUP and the ROW
permit. It is unclear if there will be additional costs if construction pushes until spring.
Recommendation
Staff recommends the approval of Resolution No. 2021-104.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods & PlacesCommunity Identity & Relationship Building
Financial Stability & Commercial Prosperity x Public Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
Resolution No. 2021-104
Limited Use Permit for the University Avenue Trail Project
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2021-104
Approving City of Fridley Limited Use Permit with the State of Minnesota Department of
Transportation for a Non-Motorized Recreational Trail in the Right-of-Way of Trunk
Highway 47 at Mississippi Street
Whereas, the City of Fridley (City) is a political subdivision, organized and existing under the laws
of the State of Minnesota; and,
Whereas, the Fridley City Council (Council) has approved a plan to construct a non-motorized
recreational trail in the right-of way of Trunk Highway 47 to promote the orderly and safe crossing
of the highway; and
Whereas, the State of Minnesota, Department of Transportation requires a Limited Use Permit
for the construction and utilization of said pedestrian trail; and
Whereas, the City has approved the Roers University Avenue Apartment Project, and the approval
of that project included a trail along the west right-of-way line of University Avenue near
Mississippi; and
Whereas, the cost of the trail is a responsibility of Roers with a contribution by the City for work
above the development requirements.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby enters into a
Limited Use Permit with the State of Minnesota, Department of Transportation for the following
purposes:
To construct, operate and maintain a non-motorized recreational trail within the right-of-
way of Trunk Highway 47 the State of Minnesota. The City of Fridley shall construct,
operate and maintain said trail in accordance with the Limited Use Permit granted by the
Minnesota Department of Transportation.
Be it further resolved, that the Mayor and the City Clerk are authorized to execute the Limited
Use Permit and any amendments to the Permit.
th
Passed and adopted by the City Council of the City of Fridley this 25 day of October, 2021.
_______________________________________
Scott J. Lund Mayor
Attest:
Melisa Moore City Clerk
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STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
C.S. 0205 (T.H. 47)
County of Anoka
LUP # 0205-0099
Permittee: City of Fridley
Expiration Date: 10/14/2031
Coop./Const. Agmt #__________
In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its
Commissioner of Transportation, (ÐMnDOTÑ), hereby grants a Limited Use Permit (the ÐLUPÑ) to City
of Fridley, (ÐPermitteeÑ), to use the area within the right of way of Trunk Highway No. 47 as shown in
red on Exhibit "A", (the ÐAreaÑ) attached hereto and incorporated herein by reference. This Limited
Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached
hereto as Exhibit B.
Non-Motorized Trail
The Permittee's use of the Area is limited to only the constructing, maintaining and operating a
nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also
published as the Federal-Aid Policy Guide.
In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. TERM. This LUP terminates at 11:59PM on 10/14/2031 (ÐExpiration DateÑ) subject to the right
of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days
written notice of such cancellation. This LUP will not be renewed except as provided below.
Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up
to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to
the Expiration Date, a written request to extend the term. Any extension of the LUP term will be
under the same terms and conditions in this LUP, provided:
(a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and
Area are compatible with the safe and efficient operation of the highway and the Facility
and Area are in good condition and repair. If, in MnDOTÓs sole determination,
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modifications and repairs to the Facility and Area are needed, Permittee will perform such
work as outlined in writing in an amendment of this LUP; and
(b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable
governmental body authorizing the PermitteeÓs use of the Facility and Area for the
additional term.
If PermitteeÓs written request to extend the term is not timely given, the LUP will expire on the
Expiration Date.
Permittee hereby voluntarily releases and waives any and all claims and causes of action for
damages, costs, expenses, losses, fees and compensation arising from or related to any
cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or
assert any claims for damages, costs, expenses, losses, fees and compensation based upon
the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute
any legal action against MnDOT based upon any of the claims released in this paragraph.
2. REMOVAL. Upon the Expiration Date or earlier termination, at the PermitteeÓs sole cost and
expense Permittee will:
(a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District
Engineer; and
(b) Surrender possession of the Area to MnDOT.
If, without MnDOTÓs written consent, Permittee continues to occupy the Area after the Expiration
Date or earlier termination, Permittee will remain subject to all conditions, provisions, and
obligations of this LUP, and further, Permittee will pay all costs and expenses, including
attorneyÓs fees, in any action brought by MnDOT to remove the Facility and the Permittee from
the Area.
3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no
cost or expense to MnDOT.
Before construction of any kind, the plans for such construction shall be approved in writing by
the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be
required for any changes from the approved plan.
The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in
accordance with MnDOT-approved plans and specifications. Further, Permittee will construct
the Facility using construction procedures compatible with the safe and efficient operation of the
highway.
Upon completion of the construction of the Facility, the Permittee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
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The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at
no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State
One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation.
Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of
the highway and shall provide and ensure reasonable and adequate stopping sight distance.
4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at
its sole cost and expense, including, but not limited to, plowing and removal of snow and
installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other
governmental agency sign post within the Area. MnDOT will not mark obstacles for users on
trunk highway right of way.
5. USE. Other than as identified and approved by MnDOT, no permanent structures or no
advertising devices in any manner, form or size shall be allowed on the Area. No commercial
activities shall be allowed to operate upon the Area.
Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the
property for highway and transportation purposes. This LUP does not grant any interest
whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or
waterfowl refuge. No rights to relocation benefits are established by this LUP.
This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited
to public utilities which may occupy the Area.
6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation
imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations
relating thereto and any necessary permits relating thereto shall be applied for and obtained by
the Permittee.
Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the
Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued
by any federal, state or local political subdivision having jurisdiction and authority in connection
with said Area including the Americans with Disabilities Act (ÐADAÑ). If the Area and Facilities
are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and
perform such obligation without liability to Permittee for any loss or damage to Permittee thereby
incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for
overhead and supervision within 30 days of receipt of MnDOTÓs invoice.
7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree that in the event improvements are
constructed, maintained, or otherwise operated on the Property described in this Limited Use
Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another
LUP Î Standardized LUP Form Page 3 of 6 LU1001 10/15/2021
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purpose involving the provision of similar services or benefits, the Permittee will maintain and
operate such improvements and services in compliance with all requirements imposed by the
Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United
States Department of Transportation, Federal Highway Administration, (as may be amended)
such that no person on the grounds of race, color, national origin, sex, age, disability, income-
level, or limited English proficiency will be excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use of said improvements.
8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking
of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is
granted, so as to maintain the safety of both the motoring public and Facility users.
9. ASSIGNMENT. No assignment of this LUP is allowed.
10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties,
or agreements have been made by MnDOT or Permittee to one another with respect to this
LUP.
11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any
governmental or regulatory agency onto the ground, or into any body of water, or into any
container on the StateÓs right of way. In the event of spillage of regulated materials, the
Permittee shall notify in writing MnDOTÓs District Engineer and shall provide for cleanup of the
spilled material and of materials contaminated by the spillage in accordance with all applicable
federal, state and local laws and regulations, at the sole expense of the Permittee.
12. MECHANICÓS LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen,
and all other persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed
or maintained by it or by any subcontractor, materialmen or other person or persons acting for,
through or under it or any of them against the work and/or against said lands, for or on account
of any work done or materials furnished by it or any of them under any agreement or any
amendment or supplement thereto.
13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have
been fully given when served personally on MnDOT or Permittee or when made in writing
addressed as follows: to Permittee at:
Mayor
Fridley City Hall
6431 University Avenue NE
Fridley, MN 55432
and to MnDOT at:
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State of Minnesota
Department of Transportation
Metro District Right of Way
1500 W. County Road B2
Roseville, MN 55113
The address to which notices are mailed may be changed by written notice given by either
party to the other.
14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota
Attorney GeneralÓs Office, hold harmless and release the State of Minnesota, its Commissioner
of Transportation and employees and any successors and assigns of the foregoing, from and
against:
(a) all claims, demands, and causes of action for injury to or death of persons or loss of or
damages to property (including Permittee's property) occurring on the Facility or connected with
Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is
caused solely by the negligence of State of Minnesota, but including those instances where the
State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or
control the operations of Permittee or otherwise discover or prevent actions or operations of
Permittee giving rise to liability to any person;
(b) claims arising or resulting from the temporary or permanent termination of Facility user
rights on any portion of highway right of way over which this LUP is granted;
(c) claims resulting from temporary or permanent changes in drainage patterns resulting in
flood damages;
(d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind
whatsoever filed or maintained for or on account of any work done or materials furnished; and
(e) any damages, testing costs and clean-up costs arising from spillage of regulated
materials attributable to the construction, maintenance or operation of the Facility.
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MINNESOTA DEPARTMENTCITY OF FRIDLEY
OF TRANSPORTATION By________________________________
_
RECOMMENDED FOR APPROVAL
By:______________________________ Its
_ ____________________________
District Engineer
Date______________________________ Date______________________________
APPROVED BY:
And_______________________________
COMMISSIONER OF TRANSPORTATION _
Its
By:_______________________________ ____________________________
Director, Office of Land Management
Date_____________________________
_ Date______________________________
The Commissioner of Transportation
by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes.
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LEGEND
EXISTINGPROPOSED
CATCH BASIN
FRIDLEY
STORM MANHOLE
FLARED END SECTION
MULTI-FAMILY
SANITARY MANHOLE
HYDRANT
FRIDLEY, MN
GATE VALVE
POST INDICATOR VALVE
WATER MANHOLE / WELL
LIGHT POLE
LUP0205-0099EXHIBITA
POWER POLE
ELECTRIC METER
GAS METER
TELEPHONE PEDESTAL
ROERS COMPANIES
SIGN
BENCHMARK
SOIL BORING 110 Cheshire Lane, Suite 120
Minnetonka, MN 55305
PARKING STALL COUNT
22
ACCESSIBLE PARKING STALL
STORM SEWER
STORM WATER BASIN
DRAINTILE L
OUCKS
SANITARY SEWER
PLANNING
FORCEMAIN
CIVIL ENGINEERING
LAND SURVEYING
WATERMAIN
LANDSCAPE ARCHITECTURE
SANITARY SEWER SERVICE
ENVIRONMENTAL
WATER SERVICE
7200 Hemlock Lane, Suite 300
UNDERGROUND ELECTRIC
Maple Grove, MN 55369
R50.0'
763.424.5505
UNDERGROUND FIBER OPTIC
www.loucksinc.com
UNDERGROUND GAS
R30.0'
UNDERGROUND TELEPHONE
24.0'24.0'
R124.0'
OVERHEAD UTILITY
R7.0'
R7.0'
3' CURB TRANSITION
START 6' HEIGHT CEDAR
R7.0'FENCE
REPAIR/REPLACE BROKEN PORTIONS
FENCE (TO MATCH
OF FENCE AND STAIN
CHAIN LINK FENCE
EXISTING)
HEAVY
40
R20.0'CONCRETE
CONCRETE CURB
DUTY
PED RAMP
CONCRETE
RETAINING WALL
CONCRETE
NO PARKING
BUILDING
24.0'
15
32
2
CONTOUR7
30.0'9
28
972.5
SPOT ELEVATION
37.0'
1.0%
PROPOSED
DIRECTION OF FLOW
22.0'
10.0'
CONCRETE
R30.0'
LOCATION FOR TRASH ENCLOSURE
BLOCKTREE LINE
R10.0'
24.0'
DOG RUN
(SEE ARCH PLANS)
RETAINING
(SEE CURB
PARKING SETBACK LINE
WALL
INFILTRATION BASIN
24.0'
AND CHAIN
R20.0'
R15.0'
(SEEBUILDING SETBACK LINE
LINK FENCE
27
GRADING
28
18.0'DETAIL ON L1-2
5.0'
PLAN)
64.0'
AND C8-2)
23
6.0'SITE PLAN LEGEND
CONCRETE BLOCK
14 HC RAMP
RETAINING WALL
(SEE DETAIL)
W/ PROTECTIVE
80.0'
HEAVY DUTY CONCRETE
CADD QUALIFICATION
RETAINING WALL ANDFENCE (SEE ARCH
PROPOSED
PROTECTIVE FENCEPLANS)CADDfilespreparedbytheConsultantforthisprojectare
instrumentsoftheConsultantprofessionalservicesforusesolely
LIGHT POLE TYP.
(SEE ARCH PLANS)
withrespecttothisproject.TheseCADDfilesshallnotbeused
GARAGE ENTRANCE
onotherprojects,foradditionstothisproject,orforcompletion
R7.0'
ofthisprojectbyotherswithoutwrittenapprovalbythe
BOCCE
Consultant.WiththeConsultant'sapproval,othersmaybe
PROPOSED BUILDING
GARAGE ENTRANCE
22.0'permittedtoobtaincopiesoftheCADDdrawingfilesfor
BALL
PLANTING
FFE - 864.00 informationandreferenceonly.Allintentionalorunintentional
R7.0'revisions,additions,ordeletionstotheseCADDfilesshallbe
GFE - 852.67BEDS (TYP.)
RETAINING WALL AND madeatthefullriskofthatpartymakingsuchrevisions,additions
ordeletionsandthatpartyshallholdharmlessandindemnifythe
PROTECTIVE FENCE
Consultant from any & all responsibilities, claims, and liabilities.
3' CURB
(SEE ARCH PLANS)HC RAMP
9.0'
TAPER
SUBMITTAL/REVISIONS
(SEE DETAILS)
TYP.
24.0'
PROPOSED
06/12/20CITY SUBMITTAL
HC RAMP
LIGHT POLE TYP.18.0'
9.0'
07/17/20CITY RE-SUBMITTAL
(SEE DETAIL)
TYP.
07/24/20WATERSHED SUBMITTAL
SITE DATA
PROPOSED BUILDING
08/04/20WATERSHED SUBMITTAL
24.0'
FFE - 864.00
08/12/20CITY RE-SUBMITTAL
20.0'
TYP.HC RAMPGFE - 852.67
10/05/20FOOTINGS & FOUNDATIONS
6 18.0'
(SEE DETAILS)
11/05/20PERMIT SET
OUTDOOR
11/18/20COUNTY SUBMITTAL
18.0'SEATING
SPECIALTY PAVEMENT
R7.0'
5.0'
R15.0'1611/20/20RFI #3
TYP.(FURNITURE
60.0'(SEE LEGEND)
24.0'11/23/20WATERSHED SUBMITTAL
BY OWNER)
20.0'
PROPOSED
11/25/20COUNTY SUBMITTAL
LIGHT POLE TYP.
R7.0'PLAYGROUND 12/03/20ADDENDUM #3
9.0'
R10.0'
60.0'CONCRETE CURB 12/04/20CITY COMMENTS
TYP.
B612 CURB/GUTTER
10.0'
(SEE DETAIL L1-2)12/04/20ADDENDUM #4
ELEVATION NOTES
10
01/06/21CROSS SECTIONS
20.0'
5.0'
03/01/21ASI #3
9.0'
PROPOSED
CURB TRANSITION
18.0'
03/25/21ASI #4
TYP.
CONCRETE
17
18.0'
TYP.
04/21/21CB SHIFT
BLOCK
24.0'
FLAT CURB
TYP.
18.0'
04/29/21ASI #5
RETAINING
OFF-STREET PARKING CALCULATIONS
18.0'TYP.
(SEE DETAIL)
TYP.
06/08/21RFI #105
WALL
18.0'
TYP.
18.0'
TOT
10/07/21ASI #7-REVISION 11
(SEE
TYP.
CURB TRANSITION
TYP.
(SEE LANDSCAPE PLAN
LOT
GRADING
SEE ARCH PLANS FOR
PLANTING
24.0'
FOR GROUND
(BY OWNER)
42" ORNAMENTAL
PLAN)9.0'10.0'
STAIRS AND
TYP.BED (SEE
COVER)
60.0'
FENCE (SEE ARCHTYP.
BALCONY INFO
PROFESSIONAL SIGNATURE
LANDSCAPE
PLANS)
TYP.
PLANS)Iherebycertifythatthisplan,specificationorreportwas
preparedbymeorundermydirectsupervisionandthat
60.0'
IamadulyLicensedProfessionalEngineerunderthe
B612 CURB/GUTTER
40.0'laws of the State of Minnesota.
11.5'
OUTDOOR PATIO
6.0'
24.0'
9' CURB TRANSITIONSITTING AREA
TYP.
10.6'
PJ Disch - PE
9.0'
License No.49933
TYP.SPECIALTY PAEMENT
CONCRETE PAD
TIRE STOP
Date 12/04/20
AND SITE NOTES
FOR TRANSFORMER
FLAT CURB
(SEE DETAIL)
3' CURB TRANSITION
42" BLACK
(SEE MECHANICAL
9' CURB TRANSITION24.0'QUALITY CONTROL
TO FLAT
ORNAMENTAL FENCE
FO SIZE)
FUTURE BUILDINGTO FLAT
8.0'
(SEE ARCH PLANS)Loucks Project No.20236B
FFE - 863.50
REPLACE MNDOT PJD
9.0'Project Lead
B612 CURB/GUTTER
TYP.FENCE W/Drawn ByDDL
9.0'
18.0'
16
42"' BLACK
TYP.Checked ByPJD
ORNAMENTAL FENCE
FLAT CURB Review Date10/07/21
(8)-BIKE RACK
AND BLOCK PIERS.
(SEE DETAIL)
R25.0'
(SEE DETAIL)
SHEET INDEX
TO MATCH
HC SIGN TYP.
END 6'
ADJACENT PROPERTY
C1-1DEMO PLAN
HEIGHT
9' CURB TRANSITIONACROSS UNIVERSITY35.0'
9.0'10' CURB TRANSITION
SPECIALTY PAVEMENT T.B.D.
CEDAR C2-1SITE PLAN
R25.0'
TYP.B612 CURB/GUTTERR2.0'
C2-2SIGNING & STRIPING PLAN
FENCE (TO
R5.0'
CONCRETE PAD
C3-1GRADING PLAN
MATCH
B612 CURB/GUTTER
FLAT CURB
FOR TRANSFORMER
C3-2SWPPP
EXISTING)
(SEE DETAIL)
(SEE MECHANICAL
C3-3SWPPP NOTES
10.0'
19
22 FOR SIZE)
R5.0'
SIDEWALK ACCESS TO LOWER UNITS TYP.
R2.0'
PROPOSED BUILDING C4-1SANITARY AND WATERMAIN
R25.0'
5.0'
10 10' CURB TRANSITION5' WIDE CONCRETE SIDEWALK
FFE - 864.00
C4-2STORM SEWER
GFE - 852.67
C5-1CROSS SECTIONS
MONUMENT SIGN
32' CURB TRANSITION
CONNECT
SIDEWALK ACCESS TO
OUTDOOR PATIO
C8-1CIVIL DETAILS
R7.0'
(BY OTHERS)
BITUMINOUS
R7.0'
LOWER UNITS TYP.
R25.0'W/ ORNAMENTAL FENCE
C8-2CIVIL DETAILS
STRIPING FOR
TRAIL INTO
R30.0'
(SEE ARCH PLANS)
C9-1PRELIMINARY PLAT
PEDESTRIAN CROSSING
EXISTING
L1-1LANDSCAPE PLAN
CONCRETE
R7.0'
R8.0'
L2-1LANDSCAPE DETAILS
4.0'
R20.0'
TYP.
24.0'
5.0'
9
35.0'
28.0'
13.0'
R15.0'
10' WIDE CONCRETE WALK
R15.0'
HC RAMP
R15.0'
R15.0'
(TAPER CURB)
MATCH CITY EXISTING FOR
TURN LANE EPOXY STRIPING PER
MATCH CITY EXISTING FOR
MONUMENT SIGNPROPOSED BITUMINOUS IN
CURB/GUTTER WITHINMNDOT AND COUNTY
CURB/GUTTER WITHIN
MISSISSIPPI TO MATCH EXISTING
(BY OTHERS)
RIGHT OF WAY
HC RAMPRIGHT OF WAY
PAVEMENT SECTION
(TAPER CURB)
W:\\2020\\20236A\\CADD DATA\\CIVIL\\_dwg Sheet Files\\C2-1 Site Plan REPLACE SALVAGED LIGHT POLE
REPLACE SALVAGED LIGHT POLE
N
300.0'
SITE PLAN
03060
SCALE IN FEET C2-1
Plotted: 10 /14 / 2021 11:16 AM
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AGENDA REPORT
Meeting Date:October 25, 2021 Meeting Type:City Council
Submitted By:Daniel Tienter, Director of Finance/City Treasurer
Korrie Johnson, Assistant Finance Director
Title
Resolution No. 2021-107, ApprovingGifts, Donations and Sponsorships Received Between September
18, 2021and October 15, 2021
Background
Each month, the City of Fridley (City) receives various donations and gifts to support City operations,
programs and projects. Pursuant to Minnesota Statute § 465.03, the City may accept these donations
and gifts for the benefit of residents. For specific donations or gifts, the donor may prescribe certain
requirements, such as for a specific activity or department.
Consistent with the abovementioned statute, staff prepared Schedule No. 1 (ExhibitA), which outlines
the various donations, gifts and/or sponsorships received by the City betweenSeptember 18, 2021 and
October 15,2021. To accept the same, the Council must adopt the attached resolution by a twothird
majority vote.
Lastly, for each donation, gift or sponsorship, staff ensure it meets an identified need, does not create a
quidproquo or longterm maintenance obligation, and the donor received an acknowledgment of
their gift through a letter or publication.
Based on this process, staff recommend the Council adopt the attached resolution approving the
donations, gifts, and sponsorships for this period.
Financial Impact
Recommendation
Staff recommend the approval of Resolution No. 2021-107.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship
Organizational Excellence
Vision Statement
We believe Fridley willbe a safe, vibrant, friendly and stable home for families and businesses.
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Attachments and Other Resources
!Resolution No. 2021-107
!Exhibit A: Schedule No. 1
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2021-107
Approving Gifts, Donations and Sponsorships for the City of Fridley
Whereas, throughout the year the City of Fridley (City) receives various gifts and donations; and
Whereas, the City is sincerely grateful for the support it receives from an array of organizations
and individuals; and
Whereas, without this support, the continuation of different events or programs would be difficult
to sustain; and
Whereas, the attached schedule (Exhibit A) lists all of the donations and gifts received by various
City departments between September 18, 2021 and October 15, 2021; and
Whereas, all of the items listed on the attached schedule (Exhibit A) are required to be accepted
by the City Council by a two-thirds majority vote; and
Whereas, all items have been determined to be donated free of any quid-pro-quo expectation
by the donor.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves and
accepts the various donations, gifts and sponsorships made between September 18, 2021 and
October 15, 2021, attached hereto as Exhibit A.
Passed and adopted by the City Council of the City of Fridley this 25th day of October, 2021.
_______________________________________
Scott J. Lund Mayor
Attest:
Melissa Moore City Clerk
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Gifts, Donations, and Sponsorships - City of FridleySchedule No. 1
Date Department or Donor Name, Amount/
ProgramFund
ReceivedDivisionif not anonymousValue
4/2/2021SNCDonation Box Contents Various$113.00270
4/8/2021Public SafetyDonation of Gift Cards for Freewheel Bike ShopSarah Walther$1,500.00101
4/13/2021SNCDonation Box Contents Various$145.00270
4/27/2021SNCDonation Box Contents Various$142.00270
4/28/2021RecyclingDonation of compost for organics recycling participantsSMSC Organics Recycling Facility$40.00237
4/30/2021Public SafetyDonation to Support Police OfficersCynthia and Thomas Markham$1,000.00101
4/30/2021Public SafetyDonation of 505 COVID Face ShieldsSam's Club$2,020.00101
5/4/2021SNCReimbursement for memorial benches Springbrook Nature Center Foundation$2,404.00270
5/7/2021SNCDonation Box Contents Various$85.00270
5/10/2021Public SafetyDonation to FPD Police Activity LeagueSchmit Towing$500.00101
5/14/2021SNCDonation Box Contents Various$82.00270
5/16/2021RecreationDonation to Pickleball Programunknown$10.00101
5/19/2021RecreationDonation to replace interpretive signs at Innsbruck Nature CenterFrank and Maija Sedzielarz$2,800.00101
5/28/2021SNCDonation Box Contents Various$120.00270
6/11/2021SNCDonation Box Contents Various$40.00270
6/11/2021SNCDonation Box Contents Various$92.00270
6/11/2021SNCDonation Box Contents Various$58.00270
6/22/2021SNCDonation Box Contents Various$160.00270
7/14/2021SNCDonation Box Contents Various$185.00270
7/27/2021SNCDonations from Michael Servetus Unitarian Society ConcertVarious$577.00270
7/27/2021SNCDonation Box Contents Various$45.00270
7/27/2021SNCDonation Box Contents Various$66.00270
8/17/2021SNCDonation Box Contents Various$75.00270
8/27/2021SNCDonation Box Contents Various$159.00270
8/27/2021Public SafetyDonation to Police DepartmentKoral Labs, Inc.$200.00101
9/7/2021ForestryEcological Restoration Volunteer timeMississippi Parks Connection$4,109.76101
9/17/2021SNCDonation Box Contents Various$80.00270
9/18/2021SNCDonation to Cover Summer Camp ScholarshipsSNC Foundation$2,625.00270
9/21/2021SNCDonations from Rasmussen - Northeast Bank FoundationRasmussen-Northeast Bank Foundation$250.00270
10/8/2021SNCDonation Box Contents Various$65.28270
10/8/2021Public SafetyDonation for public safety appreciationLions Club$1,278.00101
$173,819.59
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AGENDA REPORT
Meeting Date:October 25, 2021 Meeting Type:City Council
Submitted By:Roberta Collins, Assistant to the City Manager
Title
Resolution No. 2021-106,Approving Claims for the Period Ending October 20, 2021
Background
Attached is Resolution No. 2021-106and the claims reportfor the period endingOctober 20, 2021.
Financial Impact
Included in the budget.
Recommendation
Staff recommend adopting Resolution No. 2021-106.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
Resolution No. 2021-106
Exhibit A City Council Claims Reports
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2021-106
Approving Claims for the Period Ending October 20, 2021
Whereas, Minnesota Statute § 412.271 generally requires the City Council to review and approve
claims for goods and services prior to the release of payment; and
Whereas, a list of such claims for the period ending October 20, 2021, was reviewed by the City
Council.
Now, therefore, be it resolved, that the City Council of the City of Fridley hereby approves the
payment of the claims attached hereto as Exhibit A.
th
Passed and adopted by the City Council of the City of Fridley this 25 day of October, 2021.
_______________________________________
Scott J. Lund Mayor
Attest:
Melissa Moore City Clerk
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AGENDA REPORT
Meeting Date:October 25, 2021 Meeting Type:City Council
Submitted By: Ryan George, Deputy Director of Public Safety
Title
Resolution No. 2021-105, Approving City Licenses
Background
Pursuant to certain sections of the Fridley City Code (Code), certain business licensing activities require
approval of the City Council, including:
Food, Tobacco, Gas;On-Sale Liquor;
Junkyard;Off-Sale Liquor;
Massage Therapy (individuals and Pawn Shop; and
businesses);Tobacco Product Shop.
Thebusinesses listed in Resolution No. 2021-105have met all requirements, and paid all appropriate
feesestablished in the City Codefor their respective licenses. Staff have performed all necessary
inspections and checks to ensure all requirements have been satisfied.
Financial Impact
All revenues for Citylicenses were anticipated as part of the 2021 Budget.
Recommendation
Staff recommend the approval of Resolution No. 2021-105.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
Resolution No. 2021-105
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2021-105
Approving City Licenses
Whereas, the Fridley City Code (Code) and various sections of Minnesota Statute direct licensing
requirements for certain business activities within the City of Fridley (City); and
Whereas, pursuant to sections of Code, the City Council is required to approve liquor, tobacco,
massage, pawn and junkyard business licenses in the City; and
Whereas, a review of licensing requirements were coordinated and approved by appointed City
staff.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the
following business licenses in the City.
Liquor
Minnesota
Type of License Applicant Staff Approval City Code
Statute
M.S. § 340A.403;
Temporary Totino-Grace !Public Safety Chapter 602
M.S. § 340A.405
Intoxicating High School, !Fire Marshal
Liquor Richard Olson !City Clerk
(November 20,
2021)
Massage
Minnesota
Type of License Applicant Staff Approval City Code
Statute
Massage Therapy Hong Massage, !Public Safety Chapter 125
Individual Li Rong Yang !Fire Marshal
!City Clerk
Passed and adopted by the City Council of the City of Fridley this 25th day of October, 2021.
_______________________________________
Scott J. Lund Mayor
Attest:
Melissa Moore City Clerk
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AGENDA REPORT
Meeting Date:October25, 2021 Meeting Type:City Council
Submitted By:James Kosluchar, Public Works Director
Jon Lennander, City Engineer
Title
Resolution No. 2021-100, ApprovingChange Order No. 1(Final)for Village Green Basin Expansion
Project No. 603-60-15-475
Background
Attached is Change Order No. 1for the Village Green Basin Expansion Project No. 603-60-15-475.This
project providesstormwater treatment.The workis being performed under a contract with New Look
Contractingof Rogers, MN(Contractor).
Theoriginal contractamount for this project was $275,098. The Contractor did not submit a pay request
for any of the work on this project until September2021. At that time the work was substantially
complete and ready for final approval. With this pay request, the Contractor included additional work
that had either been requested by the Cityand completedon a time and materials basis, or the result of
extra quantities in the execution of the project. The total of this change order is $34,253.51. Total work
included in Change Order No. 1(Final) would increase theoriginalcontract by 12.5%, but still 22% below
the Engineers Estimate of $400,610.
Additional workwas required due to the following:
Additional Quantities
There were two main items where quantities changed from plan for this project. Due to the hot dry
conditions of the year, the basin needed to be seeded more than once. The Contractor was asked to
install two feet of clean sand in the bottom of the basin and final quantities for the sand were higher
than the plan quantities. Bothchanges were reasonableand justified.
Additional Work
After the completion of the work, the existing outlet structure was found to be insufficient in controlling
erosion adjacent to the structure and a large area of erosion developed. As a result of the final inspection
of the project it was recommended by the engineer that a new outlet structure be constructedby
installing a standard control structure on the end of the existing pipe. This was not included in the
original plans, and without this work there is a potential for failure of the existing pipe and property
damage to the adjacent properties.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Time and Material Extras
Over the course of the project there were requests from adjacent property owners to change or add
work items to the project. Many of these were small but outside the scope of work of the Contractor.
The Contractor agreed to perform this work on a time and material basis, and numerous tasks were
completed including removal of trees, removing garbage, and addressing neighbor complaints. Part of
this work included a redesign of the resident gardens that were in the basin area. Due to the cost of
lumber in 2021 this change resulted in an increased cost of the structures.
Note the project is substantially complete and final payment will be requested with the completion of
punch list work items. Final payment is expected to be requested in November 2021.
Financial Impact
Funding is provided by the Rice Creek Watershed District, Metropolitan Council, Dominium, and the
City of Fridley. All cost for this change order will be the responsibility of the City of Fridley.
Recommendation
Staff recommends the approval of Resolution No. 2021-100.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods & Places Community Identity & Relationship Building
Financial Stability & Commercial Prosperity x Public Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
!Resolution No. 2021-100
!Change Order No. 1 (Final) for Village Green Basin Expansion Project No. 603-60-15-475
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2021-100
Approving Change Order No. 1 Village Green Basin Expansion Project No. 603-60-15-475
Whereas, a contract with New Look Contracting (Contractor) for the Village Green Basin
Expansion, Project No. 603-60-15-475, was approved by the Fridley City Council on December 14,
2021; and
Whereas, the Project is funded through multiple grants and sources including: $50,000 from the
property owner, Dominium; $100,000 from a Metropolitan Council Grant previously approved by
the Fridley City Council; $100,000 from the Rice Creek Watershed District 2020 Urban Stormwater
Remediation Cost-Share Program; and approximately $50,000 from the City of Fridley (City); and
Whereas, additional work has been directed by the City to be completed by the Contractor
including Final Change Order No. 1 in the amount of $34,253.51; and
Whereas, cumulative additional work has been directed by the City has modified the original
contract from $275,068 to $309,351.51 (a 12.5% increase); and
Whereas, the Contractor performed work as directed by City staff and work is complete and the
project is near final completion.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves
Approval of Change Order No. 1 for the Village Green Basin Expansion Project No. 603-60-15-475
in the amount of $34,253.51.
th
Passed and adopted by the City Council of the City of Fridley this 25 day of October, 2021.
_______________________________________
Scott J. Lund Mayor
Attest:
Melissa Moore City Clerk
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CHANGE ORDER FORM
1
Change Order No.
Date of Issuance: Effective Date:10/26/21
10/25/21
City of Fridley603-60-15-475
Owner:Owner's Contract No.:
New Look Contracting
Contractor:Contractor’s Project No.:
Loucks Consulting
Engineer:Engineer's Project No.:
Village Green Basin Expansion
Project:Contract Name:
The Contract is modified as follows upon execution of this Change Order:
Description:
Change in Contract price due to additional quantities, additional work and time and materials extras in the
completion of the work.
Attachments: Pay Request 1, Time and Materials supporting documents
CHANGE IN CONTRACT PRICECHANGE IN CONTRACT TIMES
\[note changes in Milestones if applicable\]
Original Contract Price:Original Contract Times:
Substantial Completion: 0
$275,098.00
Ready for Final Payment: 0
days or dates
\[Increase\] \[Decrease\] from previously approved Change \[Increase\] \[Decrease\] from previously approved Change
Orders No. to No. : Orders No. to No. :
Substantial Completion: 0
$0 Ready for Final Payment: 0
days
Contract Price prior to this Change Order:Contract Times prior to this Change Order:
Substantial Completion: 0
$275,098.00 Ready for Final Payment: 0
days or dates
\[Increase\] \[Decrease\] of this Change Order:\[Increase\] \[Decrease\] of this Change Order:
Substantial Completion: 0
$34,253.51Ready for Final Payment: 0
days or dates
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial Completion: 0
$309,351.51 Ready for Final Payment: 0
days or dates
RECOMMENDED:ACCEPTED:ACCEPTED:
By: By:By:
Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature)
TitleTitle
Title:
DateDate
Date:
Approved by Funding Agency (if
applicable)
Date:
By:
Title:
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