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12-18-2023 City Council Meeting December 18, 2023 7:00 PM Fridley City Hall, 7071 University Avenue N.E. Agenda Call to Order The Fridley City Council (Council) requests that all attendees silence cell phones during the meeting. A paper copy of the Agenda is at the back of the Council Chambers. A paper copy of the entire Agenda packet is at the podium. The Agenda and all related FridleyMN.gov/1564/Agenda- Center. Pledge of Allegiance Proclamations/Presentations Proposed Consent Agenda The following items are considered to be routine by the Council and will be approved by one motion. There will be no discussion of these items unless a Councilmember requests, at which time that item may be moved to the Regular Agenda. Meeting Minutes 1.Approve the Minutes from the City Council Meeting of December 11, 2023 2.Receive the Minutes from the City Council Conference Meeting of December11, 2023 3.Receive the Minutes from the Parks and Recreation Commission Meeting of November 6, 2023 4.Receive the Minutes from the Housing and Redevelopment Authority Meeting of November 2, 2023 New Business 5.Ordinance No. 1417, Amending the Nominations and Elections Chapter of the Fridley City Charter (Second Reading) 6.Resolution No. 2023-151, Approving a Joint Powers Agreement Between the City of Fridley and the Minnesota Department of Public Safety -Bureau of Criminal Apprehension (BCA) for participation in the Internet Crimes Against Children (ICAC) Task Force 7.Resolution No. 2023-152, Approvinga ReLeaf Grant Agreement from the Minnesota Department of Natural Resources 8.Resolution No. 2023-155, Designating Precincts and Polling Locations for the 2024 Election Year 2 City Council Meeting 12/18/2023 Agenda Page 2 9. Resolution No. 2023-163, Approving Appointments to the Planning Commission and the Environmental Quality and Energy Commission (EQEC) 10. Resolution No. 2023-164, Approving Gifts, Donations and Sponsorships Received Between November 18, 2023, and December 11, 2023 Claims 11. Resolution No. 2023-162, Approving Claims for the Period Ending December 13, 2023 Open Forum The Open Forum allows the public to address the Council on subjects that are not on the Regular Agenda. The Council may take action, reply, or give direction to staff. Please limit your comments to five minutes or less. Regular Agenda The following items are proposed for the Council's consideration. All items will have a presentation from City staff, are discussed, and considered for approval by separate motions. Public Hearing(s) 12. Public Hearing for Improvements for 2024 Street Rehabilitation Project No. ST2024-01 and Resolution No. 2023-157, Ordering Final Plans, Specifications and Calling for Bids for 2024 Street Rehabilitation Project No. ST2024-01 New Business 13. Resolution No. 2023-156, Approving Budget Reappropriation for Certain Funds for the Fiscal Year Ending December 31, 2023 rd 14. Resolution No. 2023-158, Approving Change Order No. 1 for 53 Avenue Trail and Walk Improvements Project No. ST2023-21 15. Resolution No. 2023-159, Approving a Joint Powers Agreement with Anoka County for the Improvements at the Intersection of County Road 132 and Evergreen Blvd/Springbrook Nature Center Entrance 16. Resolution No. 2023-161, Approving a Joint Powers Agreement with The City of Coon Rapids for Lighting and Landscaping Improvements at the Intersection of County Road 132 and Evergreen Boulevard (Springbrook Nature Center Entrance) Informal Status Reports Adjournment 3 City Council Meeting 12/18/2023 Agenda Page 3 Upon request, accommodation will be provided to allow individuals with disabilities to participate in any City of Fridley services, programs, or activities. Hearing impaired persons who need an interpreter or other persons who require auxiliary aids should contact the City at (763) 572-3450. 4 CITY COUNCIL MEETING I � �, December 18, 2023 Fridley 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. SIGN IN SHEET If you wish to address the City Council, please sign in so that staff or a member of the City Council may contact you. Thank you. 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(C,re--/3 ,2_ bin Jufn!2/ AGENDA REPORT Meeting Date:December 18, 2023 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting of December 11, 2023 Background Attached are the minutes from the City Council meeting of December 11, 2023. Financial Impact None. Recommendation Staff recommend the approval of the minutes from the City Council meeting of December 11, 2023. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Meeting of December 11, 2023. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 5 Jufn!2/ City Council Meeting December 11,2023 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Mayor Lund called the City Council Meeting of December 11,2023, to order at 7:00 p.m. Present Mayor Scott Lund Councilmember Dave Ostwald Councilmember Ryan Evanson Councilmember Tom Tillberry Councilmember Ann Bolkcom Others Present Walter Wysopal, City Manager Scott Hickok, Community Development Director Joe Starks, Finance Director Brandon Brodhag, Assistant City Engineer Sarah Sonsalla, City Attorney Michael Pate, Pledge Of Allegiance Approval of Proposed Consent Agenda Motion made by CouncilmemberEvansonto adopt the proposed Consent Agenda.Seconded by CouncilmemberOstwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Approval/Receipt of Minutes 1.Approve the Minutes from the City Council Meeting of November 27,2023. 2.Receive the Minutes from the City Council Conference Meeting of November 27, 2023. 3.Receive the Minutes from the Housing and Redevelopment Authority Meeting of September 7, 2023. 6 Jufn!2/ City Council Meeting 12/11/2023 Minutes Page 2 New Business 4. Ordinance No. 1417, Amending the Nominations and Elections Chapter of the Fridley City Charter (First Reading). 5. Resolution No 2023-149, Approving Special Use Permit, SP #23-02 by Horowitz and Associates for the Property at 6425 Hwy 65 N.E. (Ward 2). Claims 6. Resolution No. 2023-153 Approving Claims for the Period Ending December 6, 2023. Open Forum, Visitors: (Consideration of Items not on Agenda 15 minutes.) No one from the audience spoke. Adoption of Regular Agenda Motion made by Councilmember Tillberry to adopt the regular agenda. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Regular Agenda New Business 7. Resolution No. 2023-146, Certifying the Final Tax Levy Requirements for 2024 to the County of Anoka. Joe Starks, Finance Director, reviewed the 2024 budget process and presented information on the proposed final tax levy and 2024 budget. He provided details on available property tax programs and stated that staff recommend adoption of the proposed resolutions certifying the final tax levy and approving a budget for the Fiscal Year 2024. Motion made by Councilmember Bolkcom to adopt Resolution No. 2023-146, Certifying the Final Tax Levy Requirements for 2024 to the County of Anoka. Seconded by Councilmember Tillberry. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 8. Resolution No. 2023-147, Approving a Budget for the Fiscal Year 2024 and the 2024-2028 Capital Investment Program. Motion made by Councilmember Bolkcom to adopt Resolution No. 2023-147, Approving a Budget for the Fiscal Year 2024 and the 2024-2028 Capital Investment Program. Seconded by Councilmember Evanson. 7 Jufn!2/ City Council Meeting 12/11/2023 Minutes Page 3 Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 9. Resolution No. 2023-148, Approving Change Order No. 1 (Final) for Apex Pond Enhancement Project No. 603-60-23-467. Brandon Brodhag, Assistant City Engineer, identified the project area and provided background information on the pond project. He stated that substantial completion of the project occurred in November. He provided a summary of the change order and provided additional details on the extra pond/muck excavation and disposal, and extra common topsoil. Staff recommend adoption of the resolution approving the change order for the project. Councilmember Bolkcom asked if additional funds would be needed for spring. Mr. Brodhag replied that all other project elements have been paid for. He stated that the seeding would be a warranty item and if attention is needed in the spring that would be addressed under the contract. He noted that this project was completed in conjunction with the watershed partners to improve the water quality before water enters into Springbrook Creek and the Mississippi River. He confirmed that the additional excavation would also provide additional storage for water. He stated that trees and shrubs were planted to hold the soil in place and the area would remain natural vegetation. Motion made by Councilmember Ostwald to adopt Resolution No. 2023-148, Approving Change Order No. 1 (Final) for Apex Pond Enhancement Project No. 603-60-23-467. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 10. Resolution No. 2023-150, Approving Interim Use Permit, IUP #23-01 by Amarok for the Property at 3737 East River Road. Scott Hickok, Community Development Director, presented a request from Amarok on behalf of Copart for an Interim Use Permit (IUP) to allow the existing nonconforming 10-foot-tall, low-voltage electric security fence at 3737 East River Road. He reviewed the site description and history. He stated that this request would allow this interim use on the property, and if the site were to be redeveloped, the fence would need to be removed. He reviewed how the fence would meet the IUP criteria. He stated that the Planning Commission held a public hearing on November 15. After a lengthy discussion, the Commission recommended approval with a vote of 6-1. He noted that the Commission recommended the park dedication fee to be paid prior to Council consideration and advised that has been paid. Councilmember Bolkcom asked if the fence could remain if the use were to remain, but the ownership was to change. Mr. Hickok replied that change in ownership would not impact the IUP, only a change in the use would trigger removal of the fence. 8 Jufn!2/ City Council Meeting 12/11/2023 Minutes Page 4 Councilmember Bolkcom commented that Public Safety has provided comments that this fence is a deterrent and they do not receive calls about this property. Councilmember Ostwald asked if the petitioner would need to submit information for updates or changes to the fence. Mr. Hickok replied the fence is a solar operated, low-voltage system and therefore updates and maintenance will be required from time-to-time. He stated that if the IUP is approved, the applicant would be able to complete ongoing maintenance. Councilmember Evanson asked if there would have been permits pulled over the years for work on the fence that could have tipped staff off to the fence. Mr. Hickok replied that this is a self-contained system which operates on the solar panel system and does not connect to another power source. It would be classified more as a security system that would not require another form of permitting. Mayor Lund invited the petitioner to address the Council. Michael Pate, Amarock, LLC, said they review the equipment quarterly to determine if any maintenance is needed. He noted that staff onsite are trained to complete any minor maintenance. He confirmed that there are updates over time with the solar equipment as well. He stated that the fence was constructed in 1993, which predates him and noted multiple changes in ownership since that time. He stated they did address the issue and have been working with staff since the issue was identified. Dan Privette, Copart, commented that Copart purchased the business in 1994. He stated that Copart purchases properties and does not sell them. He stated that the fence has been effective in preventing break-ins at the site. Mayor Lund stated that he does not have an issue with the request, but is not pleased that the rules have not been followed for 30 years. He stated that he would like to see a penalty charged to Copart for that failure to follow the rules. Sara Sonsalla, City Attorney, stated that the City can use the penalties allowed by Code, noting that the maximum allowed would be $10,000. She confirmed that could be a separate process from the IUP. Mr. Privette commented they want to be good citizens, and he would be more than happy to discuss the issue further. He asked what would happen if they take the fence down. Mayor Lund confirmed that the fence could be taken down and put back up once the approval is granted. He commented that $10,000 seems fair for this type of situation. He stated that he is willing to support the request but wants to see a fine as well. 9 Jufn!2/ City Council Meeting 12/11/2023 Minutes Page 5 Councilmember Evanson asked if approving the permit now would preclude the Council from having that discussion about a potential fine. City Attorney Sonsalla replied that the actions would be separate; the IUP could be approved tonight, and an administrative citation could still be issued. Mayor Lund commented that Copart is a good corporate citizen and agreed that the fence is a needed item but also wanted to see a penalty. Walter Wysopal, City Manager, commented that staff has been working with the business to find a resolution that could retain the fence. He stated that the idea of an administrative penalty has not been discussed. He urged the Council to act on the IUP tonight, and an additional motion could be made to direct staff to research the idea of an administrative penalty. Motion made by Councilmember Bolkcom to adopt Resolution No. 2023-150 Approving Interim Use Permit, IUP #23-01 by Amarok for the Property at 3737 East River Road. Seconded by Councilmember Tillberry. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Motion made by Mayor Lund to direct staff and the City Attorney to research an appropriate penalty for the illegal installation of the fence. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 11. Resolution No. 2023-154, Affirming Participation in and Filing Claims for Class Action PFAS Settlements Walter Wysopal, City Manager, provided background information noting that the City was made aware of class action settlements in multidistrict lawsuits involving 3M and DuPont. He stated that in order to best protect public health, Well 10 has been removed from service upon the discovery of PFAS contamination. Staff recommend Council adopt the resolution in order to move forward on the claims and participate in the settlements. There will be additional grant opportunities and potentially additional settlements in the future. He confirmed that currently there is not a demand that requires the City to use Well 10. Councilmember Ostwald asked how the funds would be used if received. Mr. Wysopal provided details on the improvement that would be provided to treat the contamination. Councilmember Tillberry asked how the City would know that the other wells are not impacted. Mr. Wysopal replied the City completes a water quality report each year which describes the rigorous testing the City completes. : Jufn!2/ City Council Meeting 12/11/2023 Minutes Page 6 Brandon Brodhag, Assistant City Engineer, commented that testing is done yearly. Councilmember Evanson stated that a resident reached out expressing concern with lead contamination in their water. He asked if these resources could be shared or whether they could only be used for City expenditures. Mr. Wysopal commented that these funds would be used solely for the treatment needed for PFAS. He explained that lead results from other sources, such as dated buildings and lines. Motion made by Councilmember Ostwald to adopt Resolution No. 2023-154, Affirming Participation in and Filing Claims for Class Action PFAS Settlements. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Informal Status Reports Councilmember Bolkcom reminded residents of parking restrictions for snowplowing. She also encouraged residents to keep their trashcans in their driveways rather than on the streets. Adjourn Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously and the meeting adjourned at 7:58 p.m. Respectfully Submitted, Melissa Moore Scott J. Lund City Clerk Mayor 21 Jufn!3/ AGENDA REPORT Meeting Date:December 18, 2023 Meeting Type:City Council Submitted By:Roberta S. Collins, Assistant to the City Manager Title Receive the Minutes from theCity Council Conference Meeting of December 11, 2023 Background Attached are the minutes from the City Council conference meeting of December 11, 2023. Financial Impact Recommendation Receive the minutes from theCity Council conference meeting of December 11, 2023. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Conference Meeting of December 11, 2023. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 22 Jufn!3/ Council Conference Meeting December 11, 2023 5:30P.M. Fridley City Hall, 7071 University Avenue NE Minutes Roll Call Present:Mayor Scott Lund Councilmember Dave Ostwald Councilmember Ryan Evanson Councilmember Tom Tillberry Councilmember Ann Bolkcom Others Present:Walter Wysopal, City Manager Scott Hickok, Community Development Director Items for Discussion 1.Meetings with Commissions Applicants. Councilmet with two residents, Doug Schmitz and Aaron Brom, who were interested in being appointed to commission vacancies. 2.Final Report for the Fridley Public Art Plan. Gretchen Nichols from LISC Twin Cities presented the final report on the Fridley Art Plan. 23 Jufn!4/ AGENDA REPORT Meeting Date:December 18, 2023 Meeting Type:City Council Submitted By:Mike Maher, Director of Parks and Recreation Title Receive the Minutes from the Parks and Recreation CommissionMeeting of November 6,2023 Background Attached are the minutes from the Parks and Recreation Commission meeting of November 6, 2023. Financial Impact None. Recommendation Receive the minutes from the Parks and Recreation Commission meeting of November 6,2023. Focus on Fridley StrategicAlignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the Parks and Recreation Commission of November 6, 2023 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 24 Jufn!4/ Park Commission Meeting November 6,2023 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Acting Chair Grahamcalled the Parks and Recreation Commission meeting to order at 7:00p.m. Present Luke Cardona EB Graham Tim Kirk Ken Schultz Absent Peter Borman Suad Maow Don Whalen Also Present Mike Maher, Parks and Recreation Director Approve Parks & Recreation Commission Agenda for November 6, 2023 Motionby CommissionerKirkto approve the November 6,2023meeting agenda. Seconded by CommissionerCardona. The motion passed unanimously. Approve Parks & Recreation Commission Minutes for October 2, 2023 Motionby CommissionerSchultzto approve the October 2,2023meeting minutes. Secondedby CommissionerCardona. The motion passed unanimously. New Business 1.Locke Park Improvement Plan Outline Discussion Parks and RecreationDirector Mike Maher stated that in June the Commission held a worksession at Locke Park to discuss the transition of duties from Anoka County to the City, which will occur on November 15, 2023. He reviewed some of the short-term improvement prioritiesalong with priorities for programming and opportunities. He also reviewed the long-term improvements 25 Jufn!4/ Park Commission 11/6/2023 Minutes Page 2 that have been discussed noting that those would require additional funding, engagement, and planning. He asked for input from the Commission on whether the improvements cover the items discussed by the Commission and whether any changes to priority would be suggested. Acting Chair Graham commented that part of the appeal of the park it is natural setting and therefore would not want to see it cluttered with things, but believed that most of the improvements would be welcomed. Commissioner Cardona commented that he was unsure how effective feedback would be on improvements and prioritization until more information is known on potential funding that could be available. Commissioner Schultz stated that he supports the maintenance of the creek and noted that there may be partnerships available to support that maintenance. He believed that should be a priority. The Commission and staff had additional discussion about the creek and its use as a potential water trail. Commissioner Cardona commented that this is a key park, and it will be nice to have the City in control of the park. He believed that this park should be brought into the mix right away. Mr. Maher commented that it would seem logical to amend the Park Master Plan to include this park. Commissioner Kirk noted that he attended a private event at the park this summer and they were able to request a special addition to their rental permit which allowed a food truck. He commented that location seemed well suited for that type of use. Mr. Maher commented that the City would have a similar review process for rentals. 2.!Moore Lake Community Building Rental Fees and Policies Discussion Mr. Maher estimated that the community building would be completed and available for public use around April 2024. He stated that over the coming months they would develop a set of policies that would include rental fees, policies, rules and regulations. He provided a comparison of community building rental rates and explained that the intention tonight would be to gain input on what would be a fair fee for a weekend rental and an hourly weekday rate. The Commission agreed that a security deposit should be charged. Commissioner Cardona noted that different rates should be available to residents, nonprofits and business type rentals. He noted that the comparison from Woodbury at $500 seems too high. Commissioner Schultz commented that $250 to $300 would seem to be a good price, with perhaps $60 per hour. Commissioner Cardona noted that they would also need to define a full day rental, suggesting perhaps eight hours within an allowed window. He stated that perhaps nighttime events are not 26 Jufn!4/ allowed the first year. It was suggested that 9 p.m. be the latest allowed time for rentals to end as that would leave one hour for people to leave prior to the 10 p.m. park close time. Commissioner Schultz asked if there would be an additional cleaning fee as that would make a difference in rental costs as well. Mr. Maher recapped that a half day could be four hours while a full day rental could be seven hours with a full day rental in a price range of $250 to $300 for residents and $400 to $500 for non-residents. Commissioner Cardona stated that perhaps during the first-year staff could pop in once or twice during an event to keep an eye on things. He also suggested additional options for accessibility potentially using a similar scale to the scholarship/fee assistance program. Commissioner Schultz stated that he would not support a full credit through the program, but perhaps up to 50 percent. Commissioner Cardona noted that his suggestion for reduction would be more applied to the security deposit rather than the rental rate. 3.!Pumpkin Night in the Park 2023 Event Report Mr. Maher provided a recap of the Pumpkin Night in the Park event. Old Business Staff Reports 4.!Springbrook Nature Center Report Mr. Maher provided an overview of the written report highlighting information on school partnerships and the recent and planned improvements. The Commission 5.!Fridley Parks and Recreation Division Report Mr. Maher provided a brief overview of the written report. 6.!Park Maintenance and Construction Report Mr. Maher summarized the written report, highlighting progress on different projects. Adjournment Commissioner Kirk made the motion to adjourn the meeting at 8:16 p.m. Seconded by Commissioner Schultz. The motion passed unanimously. 27 Jufn!4/ Park Commission 11/6/2023 Minutes Page 4 Respectfully submitted, Amanda Staple Recording Secretary 28 Jufn!5/ AGENDA REPORT Meeting Date:December 18, 2023 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Receive the Minutes from the Housing and Redevelopment Authority Meeting of November 2, 2023 Background Attached are the minutes from the Housing and Redevelopment Authority meetingof November 2, 2023. Financial Impact None. Recommendation Staff recommend Council receive the minutesfrom the Housing and Redevelopment Authority meeting of November 2, 2023. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the HRA Meeting of November 2, 2023. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 29 Jufn!5/ Housing and Redevelopment Authority November 2,2023 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Chairperson Showaltercalled the Housing and Redevelopment Authority meeting to order at 7:00 p.m. Present Elizabeth Showalter Gordon Backlund Troy Brueggemeier Rachel Schwankl Kyle Mulrooney Others Present Paul Bolin, HRA Assistant Executive Director Joe Starks, Finance Director Action Items 1. Approval of Expenditures Motionby CommissionerBacklundto approve the expenditures. Seconded by Commissioner Mulrooney. Upon a voice vote, all voting aye, Chair Showalterdeclared the motion carried unanimously. 2.ApprovalSeptember 7,2023, Meeting Minutes Motionby Commissioner Brueggemeierto approve the meeting minutesof September 7,2023as presented. Seconded by Commissioner Schwankl. Upon a voice vote, all voting aye, Chair Showalterdeclared the motion carried unanimously. 3.Approval of HRA Meeting Dates for 2024 Motionby Commissioner Mulrooneyto approve the HRA meeting dates for 2024 as presented. Seconded by Commissioner Brueggemeier. Upon a voice vote, all voting aye, ChairShowalterdeclared the motion carried unanimously. 2: Jufn!5/ Housing and Redevelopment Authority 11/02/2023 Minutes Page 2 Informational Items 4. Proposed 2024 Budget Joe Starks, Finance Director, provided background information on the budget process for the HRA, th noting that formal approval of the budget will be considered by the HRA at its December 7 meeting. He provided details on the proposed 2024 budget including revenue, expenditures, and other items of note. Commissioner Brueggemeier asked for more details on the deficit of $381,000 in the proposed budget. Mr. Starks replied that the deficit assumes that the entire $1,000,000 would be spent that rd was set aside for the 73 connection. He noted that the HRA does have a healthy fund balance and therefore it would not be abnormal to spend more than what was coming in. Commissioner Schwankl asked if the additional quarter percentage could be placed in Fund 20 or whether it would be Fund 1. Mr. Starks replied that there would be continued discussion on what that would be used for, but it would likely go into the Housing Loan Fund. He stated that the HRA will have additional discussion on that topic going forward. 5. Update on Housing Programs Mr. Bolin provided an overview of the October and year-to-date activity of the housing programs, noting that they are ahead of last year at this time. Adjournment Motion by Commissioner Brueggemeier to adjourn the meeting. Seconded by Commissioner Schwankl. Upon a voice vote, all voting aye, Chairperson Showalter declared the motion carried and the meeting adjourned at 7:14 p.m. Respectfully submitted, Melissa Moore City Clerk 31 Jufn!6/ AGENDA REPORT Meeting Date:December 18, 2023 Meeting Type:City Council Submitted By:Melissa Moore, City Clerk/Communications Manager Title Ordinance No. 1417,Amending the Nominations and Elections Chapter of the Fridley City Charter (Second Reading) Background The Fridley City Charter (Charter) is the fundamental law that defines the authorities and powers of the City of Fridley (City). Minnesota Statute (M.S.) § 410.12, subd. 7 allows for an amendment to the Charter by ordinance upon the recommendation of the Charter Commission.The recommended amendments to Chapter 4were compiled into Ordinance No. 1417, makingthe Chaptermoreconsistent with M.S. and other chapters of the Charter itself. Most ofthe proposed revisions to the Chapter align its languagewiththeWriting Style Guide. Notable revisions to the Chapter include: Section 4.05, Judges of Election,clarifies what makes a personineligible to work as an Election Judge in the City; Section 4.07, Nomination Petitions, refines administrative tasks related to submitting a Nominating Petition to the City for candidatesof a City election;and Section 4.09, Canvass of Elections and Taking of Office, restates that any person elected in the n will assume their office after anOath of Office is administered. Passage of a Charter amendment must follow timelines according toM.S.and the Charter itself. To date, the following events have occurred for this proposed amendment: November 6the Charter Commission formally recommended the Charter amendment to the Council; November 13 the Council approved Resolution No. 2023-136to call for a Public Hearing; November 16 a Notice of Public Hearing was published in the Official Publication and posted ; November 27 the Council conducted a Public Hearing forOrdinance No. 1417; and December 11 the Council approved a first reading of Ordinance No. 1417. Pursuant to M.S.§ 410.12 subd. 7, the ğƒĻƓķƒĻƓƷ Ʒƚ ƷŷĻ bƚƒźƓğƷźƚƓƭ ğƓķ 9ƌĻĭƷźƚƓƭ /ŷğƦƷĻƩ ƚŅ ƷŷĻ /ŷğƩƷĻƩ Ǟźƌƌ ĬĻĭƚƒĻ ĻŅŅĻĭƷźǝĻ ağƩĭŷ ЋЉͲ ЋЉЋЍ͵ Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 32 Jufn!6/ Financial Impact None. Recommendation Staff recommend the City Council approve the second reading of Ordinance No. 1417. Staff recommend the City Council approve Summary Ordinance No. 1417 for publication. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Ordinance No. 1417 !Summary Ordinance No. 1417 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 33 Jufn!6/ Ordinance No. 1417 Amending the Nominations and Elections Chapter of the Fridley City Charter The Fridley City Charter Commission has completed its review of Fridley City Charter Chapter 4 and has recommended an amendment of the City Charter by Ordinance to the City Council on November 6, 2023. The Fridley City Council hereby finds after review, examination and recommendation of the Charter Commission that the Fridley City Charter should be hereby amended and the City of Fridley does ordain: Fridley City Charter Chapter 4. Nominations and Elections Section 4.01. General Election Laws to Apply Except as hereinafter provided, the general laws of the State of Minnesota pertaining to registration of eligible voters and the conduct of primary and general elections shall will apply for all municipal elections of such officers office as are specified in this Charter. The Council shallwill, through ordinances duly adopted in compliance with such state lawsMinnesota Statute (M.S.) and this Charter, adopt suitable and necessary regulations for the conduct of such elections. Section 4.02. Regular Municipal Elections On the first Tuesday after the first Monday in November, municipal general elections shall must be held, at such place or places as the City Council may designate by resolution. General municipal elections shall must be held every even numbered year. The Council may divide the City into as many voting precincts as it may from time to time deem necessary. Each ward shall will constitute at least one (1) voting precinct and no precinct shall may be in more than one (1) ward. At least fifteen (15)14 days' notice shall must be given by the City Clerk of the time and places of holding such election, and of the officers offices to be elected, by posting a notice thereofNotice of Election in at least one (1) public place in each voting precinct and by publishing a notice thereofa Notice of Election at least once in the official newspaperOfficial Publication of the City., but failure Failure to give such notice shall will not invalidate such election. Section 4.03. Primary Elections There shall must be a primary election, on the date established by Minnesota State LawM.S., for the selection of two (2) nominees for each elective office at the regular municipal election, unless only two (2) nominees file for each elective office. Primary municipal elections shall be held every even numbered year, if necessary. Section 4.04. Special Elections The Council may by resolution order a special election, fix the time of holding the same, and provide all 34 Jufn!6/ means for holding such special election, provided that a Notice of Election was published in the Official Publication three (3) weeks' published notice shall be given ofprior to said special election. The procedure at such elections shall must conform with all election regulations established in M.S. as nearly as possible to that herein provided for other municipal elections and Minnesota Election Laws. Special elections for vacancies in the City Council shall will be held in accordance with provisions of Section 2.062.07. Section 4.05. Judges of Election The Council shall must at least twenty-five (25) days before each municipal election appoint two (2) three eligible voters for each voting precinct to be election judgesElection Judges and one (1) registered voter to be head election judgeHead Election Judge;, or as many election judgesElection Judges as may be determined by the city clerkCity Clerk. No person signing or circulating a petition of nomination of candidate for election to office or any member of a committee petitioning for a referendum or recall shall be eligible to serve as a judge of such election.A person is ineligible to serve as an Election Judge if they: Signed a Nomination Petition; Circulated a Nomination Petition; or Was a member of a committee petitioning for a referendum or recall. Pursuant to M.S. § 204B.19, the City may establish additional requirements that are not inconsistent with State law M.S. and which relate to the ability of an individual to perform the duties of an Election Judge. Section 4.06. Nominations by PetitionNominations of Municipal Candidates The mode of nomination of all elective officers provided for by this Charter shall must be by petition. The name of any eligible voter of the City shall must be printed upon the ballot whenever a petition as hereinafter prescribed shall have properly filed Nomination Petition been filed in on that person's behalf with the City Clerk. Such petition shall must be signed by at least ten (10) registered voters qualified to vote for the office in question. No elector shallperson may sign more than one petition Nomination Petition for any office for which there is an election. Should such a case occur, the signature shall be void as to the petition or petitionswill be voided on the Nomination Petition last filed. All nomination petitionsNomination Petitions shall must be filed with the City Clerk in accordance with Minnesota State StatutesM.S. Each petitionNomination Petition, when presented, must be accompanied by a ten dollar ($10.00) filing fee. Section 4.07. Nomination Petitions The signatures to the nomination petition need not all be appended to one (1) paper, but to each separate paper there shall be All Nomination Petitions must have an attached a notarized affidavit of the circulator stating: 1. the number of signers of such paper; 2. that each signature found on a Nomination Petition appended thereto was made in the circulator's presence; and 35 Jufn!6/ 3. that it is the genuine signature of the person whose name it purports to be. With each signature there shall must be the printed name, birth year, and address of the signer, giving the street and number or other description sufficient to identify the same. The nominee must shall indicate by an endorsement upon the petition acceptance of the office if elected thereto sign the Nomination Petition. The form of a Nomination Petition is the nomination petition shall be substantially as follows: NOMINATION PETITION We, the undersigned, registered voters of the City of Fridley, hereby nominate _____, whose residence is __________, for the office of __________, to be voted for at the election to be held on the ____ day of __________, _____; and we individually certify that we are registered voters and that we have not signed other nomination petitionsNomination Petitions of candidates for this office. Printed Name Birth Year Address Signature __________ , being duly sworn, deposes and says, "I am the circulator of the foregoing petition paperNomination Petition containing signatures and that the signatures appended theretoprovided were made in my presence and are the genuine signatures of the persons whose names they purport to be." Subscribed and sworn to before me this ____ day of __________, _____. This petitionNomination Petition, if found insufficient by the City Clerk, shall will be returned to __________\[Name of circulator\], at Number ____ Street\[mailing address\]. I hereby indicate my willingness to accept the office of __________\[signature of nominee\] if duly elected thereto. Section 4.08. Write-In Candidates A candidate for any city City office who wants write-in votes for the candidate to be counted must file a 36 Jufn!6/ written request with the filing office for the office sought no later than the seventh (7th) day before the primary, general or special municipal election. The city clerkCity Clerk shall must provide the form to make the request. Section 4.09. Canvass of Elections and Taking of Office If more than two candidates filed for office, the Council must meet and canvass the primary election returns on the third calendar day after any primary election. The two candidates for each office who receive the highest number of votes shall will be nominees for the office named. Their names shall must be certified by the city City clerk Clerk to the county auditorCounty Auditor who shall must place them on the municipal general election ballot without partisan designation. The Council shall will meet and canvasto canvass the general (regular) election or special election returns between the third and tenth calendar days after any regular or special election, shall make full declaration of the results, and file a statement thereof with the City Clerk. Said statement shall must be made a part of the minutes. This statement shall must include: (a) the total number of votes cast; (b) the total number of individuals registered before 7:00 am on election Election day Day and the total number of individuals registering on election Election dayDay; (c) the total votes cast for each candidate, with a declaration of those who are elected; (d) a true copy of the ballots used; (e) the names of the judges of electionElection Judges; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons elected shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing with the City Clerk the required oath of office. All persons elected will assume their new office after the Oath of Office is administered. th Passed and adopted by the City Council of the City of Fridley on this 18 day of December, 2023. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk Public Hearing: November 27, 2023 First Reading: December 11, 2023 Second Reading: December 18, 2023 Summary Publication: December 21, 2023 37 Jufn!6/ City of Fridley Summary Ordinance No. 1417 Amending the Nominations and Elections Chapter of the Fridley City Charter The Fridley City Charter Commission has completed its review of Fridley City Charter Chapter 4 and has recommended an amendment of the City Charter by Ordinance to the City Council on November 6, 2023. The Fridley City Council hereby finds after review, examination and recommendation of the Charter Commission that the Fridley City Charter should be amended. The Ordinance amends Chapter 4 of the Fridley City Charter, Nominations and Elections. The substantive changes to the chapter were: Section 4.05, Judges of Election, clarifies what makes a person ineligible to work as an Election Judge in the City, Section 4.07, Nomination Petitions, refines administrative tasks related to submitting a Nominating Petition to the City for candidates of a City election and Section 4.09, Canvass of Elections and Taking of Office, restates that any person elected in administered. Ordinance No. 1417 was passed and adopted by the City Council of the City of Fridley on December 18, 2023. The full text of the Ordinance is available on the City website or for inspection by any person during regular office hours at the Office of the City Clerk. 38 Jufn!7/ AGENDA REPORT Meeting Date:December 18,2023 Meeting Type:City Council Submitted By:Ryan George, Public SafetyDirector Title Resolution No. 2023-151, Approvinga Joint Powers Agreement Between the City of Fridley and the Minnesota Department of Public Safety -Bureau of Criminal Apprehension (BCA) for participation in the Internet Crimes Against Children (ICAC) Task Force Background Minnesota Statute § 471.59 allows two or more governmental units, by agreement entered into through action of their governing bodies, to jointly or cooperatively exercise any power common to the contracting parties or any similar powers. The Minnesota Department of Public Safety, Bureau of Criminal Apprehension(BCA)established the Minnesota Internet Crimes Against ChildrenTask Force (ICACTF) to cooperatively investigate and prosecute crimes committed against children and the criminal exploitation ofchildren that is committed and/or facilitated by or through the use of computers. The ICACTF Program helps state and local law enforcement agencies develop an effective response to technology-facilitated child sexual exploitation and internet crimes against children. This support encompasses forensic and investigative components, training and technical assistance, victim services, prevention and community education. Fridley Public Safety will work cooperatively with the BCA and other law enforcement partners to protect children from online predators, investigate crimes against children, and identify and prosecute online predators. Our partnership with the BCA will allow Fridley Public Safety to recoup overtime costs, utilize advanced technology, and share resources and information with law enforcement partners. This partnership is very similar to the existing partnerships the City has had with the BCA, such as the Financial Crimes Task Force and the Human Trafficking Investigators Task Force. The Joint Powers Agreement has been reviewedand approvedby the City Attorney. Financial Impact or the creation of any new positions. Fridley Public Safety will be fully reimbursed by the Statefor pre- approved overtime shifts associated with MNFCTF operations. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 39 Jufn!7/ Recommendation Staff recommend the approval of Resolution No. 2023-151, Approving a Joint Powers Agreement Between the City of Fridley and the Minnesota Department of Public Safety - Bureau of Criminal Apprehension (BCA) for participation in the Internet Crimes Against Children (ICAC) Task Force 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. 2023-151 !Minnesota Internet Crimes Against Children Task Force Joint Powers Agreement with State of Minnesota Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 3: Jufn!7/ Resolution No. 2023-151 Approving a Joint Powers Agreement Between the City of Fridley and the Minnesota Department of Public Safety - Bureau of Criminal Apprehension (BCA) for participation in the Internet Crimes Against Children (ICAC) Task Force Whereas, Minnesota Statute § 471.59 allows two or more governmental units, by agreement entered into through action of their governing bodies, to jointly or cooperatively exercise any power common to the contracting parties or any similar powers; and Whereas, the Minnesota Department of Public Safety, Bureau of Criminal Apprehension (BCA) established the Minnesota Internet Crimes Against Children Task Force (ICACTF) to cooperatively investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers; and Whereas, the ICACTF Program helps state and local law enforcement agencies develop an effective response to technology-facilitated child sexual exploitation and internet crimes against children; and Whereas, the support provided by the ICACTF encompasses forensic and investigative components, training and technical assistance, victim services, prevention and community education; and Whereas, the City of Fridley (City) will work cooperatively with the BCA and other law enforcement partners to protect children from online predators, investigate crimes against children, and identify and prosecute online predators; and Whereas, a joint powers agreement between the City and the BCA has been drafted and reviewed. Now, therefore be it resolved, that the City Council of the City of Fridley hereby supports the agreement with the Minnesota Department of Public Safety - Bureau of Criminal Apprehension (BCA) for participation in the Internet Crimes Against Children (ICAC) Task Force. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 41 Jufn!7/ !TXJGU!Dpousbdu!Ovncfs;!351223! PSJ;!NO1131711 STATE OF MINNESOTA JOINT POWERS AGREEMENT MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE Tbgfuz!po!cfibmg!pg!uif!Cvsfbv!pg!Dsjnjobm!Bqqsfifotjpo!)uif!Djuz!pg!Gsjemfz!pg!cfibmg!pg!jut!Qpmjdf!Efqbsunfou! !!!!! Recitals Voefs!Njooftpub!Tubuvuft-!¨!582/6:-!uif!CDB!boe!uif!Hpwfsonfoubm!Voju!bsf!fnqpxfsfe!up!fohbhf!jo!bhsffnfout!uibu! bsf!ofdfttbsz!up!fyfsdjtf!uifjs!qpxfst/!Uif!qbsujft!xjti!up!xpsl!uphfuifs!up!jowftujhbuf!boe!qsptfdvuf!dsjnft!dpnnjuufe! bhbjotu!dijmesfo!boe!uif!dsjnjobm!fyqmpjubujpo!pg!dijmesfo!uibu!jt!dpnnjuufe!boe0ps!gbdjmjubufe!cz!ps!uispvhi!uif!vtf!pg! dpnqvufst-!boe!up!ejtsvqu!boe!ejtnboumf!pshboj{bujpot!fohbhjoh!jo!uiftf!bdujwjujft/!Uif!Hpwfsonfoubm!Voju!xbout!up! qbsujdjqbuf!jo!uif!Njooftpub!Joufsofu!Dsjnft!Bhbjotu!Dijmesfo!)JDBD*!Ubtl!Gpsdf!boe!cf!qspwjefe!sfjncvstfnfou!pg!uif! gpmmpxjoh;!frvjqnfou-!usbjojoh-!boe!fyqfotft!)jodmvejoh!usbwfm!boe!pwfsujnf*!bt!bsf!jodvssfe!cz!mbx!fogpsdfnfou!bt!b! sftvmu!pg!pohpjoh!jowftujhbujpot/! Agreement! 1. Term of Agreement 1.1 Effective Date. Uijt!Bhsffnfou!jt!fggfdujwf!po!uif!ebuf!CDB!pcubjot!bmm!sfrvjsfe!tjhobuvsft!qvstvbou!up! 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Expiration and Termination 12.1 Fjuifs!qbsuz!nbz!ufsnjobuf!uijt!Bhsffnfou!bu!boz!ujnf-!xjui!ps!xjuipvu!dbvtf-!vqpo!41!ebzt!xsjuufo!opujdf!up!uif! puifs!qbsuz/!Up!uif!fyufou!gvoet!bsf!bwbjmbcmf-!uif!Hpwfsonfoubm!Voju!tibmm!sfdfjwf!sfjncvstfnfou!jo! bddpsebodf!xjui!uif!ufsnt!pg!uijt!Bhsffnfou!uispvhi!uif!ebuf!pg!ufsnjobujpo/! 12.2 Jo!uif!fwfou!uibu!gfefsbm!gvoejoh!jt!op!mpohfs!bwbjmbcmf-!uif!CDB!xjmm!fnbjm!uif!Hpwfsonfoubm!Voju Sfqsftfoubujwf!boe!ufsnjobuf!uif!Bhsffnfou/!Uif!ufsnjobujpo!xjmm!cf!fggfdujwf!uxp!)3*!cvtjoftt!ebzt!bgufs!fnbjm! opujgjdbujpo!up!uif!Hpwfsonfoubm!Voju<!boe!uif!Hpwfsonfoubm!Voju!tibmm!sfdfjwf!sfjncvstfnfou!jo!bddpsebodf! xjui!uif!ufsnt!pg!uijt!Bhsffnfou!uispvhi!uif!ebuf!pg!ufsnjobujpo/!! 3 ICAC JPA Template_Fridley PD (revised March 2020) 44 Jufn!7/ !TXJGU!Dpousbdu!Ovncfs;!351223! PSJ;!NO1131711 13. Continuing Obligations Uif!gpmmpxjoh!dmbvtft!tvswjwf!uif!fyqjsbujpo!ps!dbodfmmbujpo!pg!uijt!Bhsffnfou;!9-!Mjbcjmjuz<!:-!Bvejut<!21-!Hpwfsonfou! Ebub!Qsbdujdft<!boe!22-!Wfovf/! The parties indicate their agreement and authority to execute this Agreement by signing below. 1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY; BUREAU OF CRIMINAL Individual certifies that funds have been encumbered as APPREHENSION required by Minnesota Statutes §§ 16A.15 and 16C.05.!!! Tjhofe;!``````````````````````````````````````````````!Cz;!```````````````````````````````````````````````! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)xjui!efmfhbufe!bvuipsjuz*! Ebuf;!````````````````````````````````````````````````!!Ujumf;!``````````````````````````````````````````````! TXJGU!QP!Ovncfs;!4111196412``````````````````````````!!Ebuf;!``````````````````````````````````````````````! 2.GOVERNMENTAL UNIT 4. COMMISSIONER OF ADMINISTRATION Governmental Unit certifies that the appropriate person(s) has(have) As delegated to the Office of State Procurement executed this Agreement on behalf of the Governmental Unit and its jurisdictional government entity as required by applicable articles, laws, by-laws, resolutions or ordinances. Cz;!`````````````````````````````````````````````````!Cz;!````````````````````````````````````````````````! Ujumf;!````````````````````````````````````````````````!Ebuf;!``````````````````````````````````````````````! Ebuf;!```````````````````````````````````````````````! Cz;!`````````````````````````````````````````````````!!!! Ujumf;!````````````````````````````````````````````````!!! Ebuf;!```````````````````````````````````````````````! Cz;!`````````````````````````````````````````````````!!!! Ujumf;!````````````````````````````````````````````````!!! Ebuf;!```````````````````````````````````````````````! 4 ICAC JPA Template_Fridley PD (revised March 2020) 45 Jufn!8/ AGENDA REPORT Meeting Date:December18, 2023 Meeting Type:City Council Submitted By:Jim Kosluchar, Director of Public Works Rachel Workin, Environmental Planner Title ResolutionNo.2023-152,Approving a ReLeaf GrantAgreementfrom the Minnesota Department of Natural Resources Background The City of Fridley (City) was awarded a ReLeaf Grant from the Minnesota Department of Natural Resources in the amount of $420,550 to support ongoing Emerald Ash Borer (EAB) mitigation work between 2024-2027 as well as funda new program to support ash tree removal and replacement on income-qualified properties. Grant funds are proposed to be used to: Remove and replace ash trees on 100 properties owned or affordable to income-qualified residents (defined at the 80% Average Median Income level). Qualifying property owners will be able to receive up to $3,000 per tree towards removal costs. Replacement trees will be replanted -cost to the resident. Utilize a contractor to plant an additional 30 trees on properties owned or affordable to income- qualified residents. treatment program between 2024-2026. Plant 20 new trees along recently installed trails. Publish communication materials including two city-wide mailers to promote the program. Financial Impact There is no match required for this project. Recommendation Staff recommend the approval of Resolution 2023-152,Approving a ReLeaf GrantAgreementfrom the Minnesota Department of Natural Resources. 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. 46 Jufn!8/ Attachments and Other Resources !Resolution 2023-152 !ReLeaf Grant Agreement Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 47 Jufn!8/ Resolution No. 2023-152 Approving a ReLeaf Grant Agreement with the Minnesota Department of Natural Resources Whereas, a large number of ash trees in the City of Fridley (City) are becoming hazardous as a result of Emerald Ash Borer; and Whereas, removing ash trees carries a large financial and ecological cost, and Whereas, the Minnesota Department of Natural Resources made funding available through the ReLeaf grant to mitigate these costs. Whereas, the City applied for and was awarded $420,550 in funding to remove and replace ash trees on income-qualified properties, plant new trees, and provide chemical treatment of high- quality ash trees in the City. Now, therefore be it resolved, that the City Council of the City of Fridley hereby authorizes the signature of the ReLeaf grant agreement with the Minnesota Department of Natural Resources. th Passed and adopted by the City Council of the City of Fridley this 18 day of December, 2023. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 48 Jufn!8/ STATE OF MINNESOTA GRANT CONTRACT AGREEMENT This grant contract agreement is between the State of Minnesota, acting through its Department of Natural Resources, Division of Forestry, 500 Lafayette Road, St. Paul, MN 55155 ("STATE") and City of Fridley, 7071 University Ave, Fridley, MN 55432 ("GRANTEE"). Recitals 1. Under Minn. Stat. §84.026, §84.085, Subd. 1 and Minnesota Session Laws 2023, Regular Session, Chapter 60, Article 1, Sec. 3, Subd. 4 (j) the State is empowered to enter into this grant contract agreement. 2. The State is in need of Urban and Community Forestry Services for the ReLeaf project. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract agreement to the satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd.1, the Grantee agrees to minimize administrative costs as a condition of this grant contract agreement. Grant Contract Agreement 1Term of Grant Contract Agreement 1.1 Effective date: 12/11/2023, per Minn. Stat.§16B.98, Subd. 5, the Grantee must not begin work until this grant contract agreement is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. Per Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract agreement is fully executed. 1.2 Expiration date: 6/30/2027, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract agreement: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 2 Grantee’s Duties The Grantee, who is not a state employee, will: Comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). Perform the duties specified in Exhibit A, Exhibit B and Exhibit C, which are incorporated and made a part of this agreement. 3Time The Grantee must comply with all the time requirements described in this grant contract agreement. In the performance of this grant contractagreement, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract agreement as follows: (a) Compensation The Grantee will be paid compensation in an amount not to exceed $420,550.00 on a reimbursement basis for qualifying purchases. The Grantee shall submit payment requests with required expenditure documentation. Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY24: Updated July 2023 1 49 Jufn!8/ According to the breakdown of costs contained in Exhibit A and Exhibit B which are attached and incorporated into this grant contract. The Grantee certifies that a minimum $0.00 matching requirement for the grant will be met by the City Of Fridley. The total project cost is $420,550.00. Grantee agrees to match at least $0.00 of this project cost. (b) Travel Expenses Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract agreement will not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract agreement will not exceed $420,550.00. 4.2 Payment (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: June 3, 2024 December 2, 2024 June 2, 2025 December 1, 2025 June 1, 2026 December 1, 2026 June 30, 2027 (b) Unexpended Funds The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 4.3 Contracting and Bidding Requirements Per Minn. Stat.§471.345, grantees that are municipalities as defined in Subd. 1 must follow the law. (a) For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. (b) The grantee must not contract with vendors who are suspended or debarred in MN: https://mn.gov/admin/osp/government/suspended-debarred/index2.jsp 5Conditions of Payment All services provided by the Grantee under this grant contract agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY24: Updated July 2023 2 4: Jufn!8/ 6Authorized Representative The State's Authorized Representative is Rachel Morice, Community Forest Project Specialist, 500 Lafayette Rd., St. Paul, MN 55155, 612-716-2922, ucf.dnr@state.mn.us,or his/her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee’s Authorized Representative is Rachel Workin, Environmental Planner, 7071 University Avenue, Fridley, MN 55432, 763-572-3594, rachel.workin@fridleymn.gov. If the Grantee’s Authorized Representative changes at any time during this grant contract agreement, the Grantee must immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Contract Agreement Complete 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this grant contract agreement without the prior written consent of the State, approved by the same parties who executed and approved this grant contract agreement, or their successors in office. 7.2 Amendments Any amendments to this grant contractagreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver If the State fails to enforce any provision of this grant contract agreement, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Agreement Complete This grant contract agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contractagreement. 9State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract agreement or transaction are subject to examination by the Commissioner of Administration, by the State granting agency and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10Government Data Practices and Intellectual Property Rights 10.1 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY24: Updated July 2023 3 51 Jufn!8/ referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law. 10.2 Intellectual Property Rights The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this contract. If intellectual property rights are identified, the grantee must contact the DNR immediately. 11Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12Publicity and Endorsement 12.1 Publicity Any publicity regarding the subject matter of this grant contract agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s website when practicable. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract agreement. Venue for all legal proceedings out of this grant contract agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 (a) Termination by the State The State may immediately terminate this grant contract with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. (b) Termination by The Commissioner of Administration The Commissioner of Administration may unilaterally cancel this grant contract agreement if further performance under the agreement would not serve agency purposes or is not in the best interest of the State. 14.2 Termination for Cause The State may immediately terminate this grant contract agreement if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY24: Updated July 2023 4 52 Jufn!8/ The State may immediately terminate this grant contract agreement if: (a) It does not obtain funding from the Minnesota Legislature. (b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice. 14.4 Additional alternate termination language may be negotiated on a case by case basis after the state agency has consulted with their legal and finance teams. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY24: Updated July 2023 5 53 Jufn!8/ 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15 By : (with delegated authority) Signed: Title: Title: Contract and Grants Specialist Date: Date: SWIFT Contract/PO No(s).240057 /3-244251 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Distribution: Agency Grantee State’s Authorized Representative Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY24: Updated July 2023 6 54 Jufn!8/ %·§¨¡¨³ !Ȁ '± ­³ 0±®©¤¢³ $¤«¨µ¤± ¡«¤² 202Ζ ReLeaf City of Fridley Deliverables Grant Sum Total: $420,550.00 Grant Contact Deliverables Adopting a management plan through this grant process if the community does not yet have one in place and it is appropriate Each ash tree removed must be replaced with a newly planted tree Grantee must be willing to participate in work by the Minnesota Department of Agriculture and University of Minnesota to evaluate project impacts Regardless of requests for reimbursement, a written update must be submitted by each reporting deadline, to confirm project is moving forward and on track to completion. Add written reports directly below corresponding to each reporting date: June 3, 2024 Update: December 2, 2024 Update: June 2, 2025 Update: December 1, 2025 Update: June 1, 2026: December 1, 2026: June 30, 2027: Project Completion: All project work must be completed, paid for, submitted for reimbursement (along with corresponding final reports) by June 30, 2027. As work is completed, thoroughly address all project-specific bullet points below. Add in the date of reporting (i.e. 6/3/24) and change the font color of your update to red, to show where information has been added. Continually add to this document over the lifetime of your grant, making sure that all bullet points are addressed by the time of the grant’s completion. Work with DNR to fully execute and report on the impacts of the work plan by meeting the requirements as submitted in the City of Fridley’s application: Project Overview and Need This project proposes to fund the removal and replacement of potentially hazardous (risk of causing damage to people or property) EAB-infested ash trees on private properties owned or affordable to low- income residents throughout the City (100 trees) and to pay for the chemical treatment of high quality ash trees of 400 ash trees in City-owned parks and boulevards. Due to high EAB pressure, the City has conducted outreach regarding the need to remove dying ash trees; however, staff have heard from low- income residents that they do not have the means to do so. There are no existing programs that provide this type of financial assistance. The City has the ability to abate hazardous trees, but lacking a funding source for this work, the City assesses the cost to the residents' property taxes. This exposes low-income residents to costs that are disproportionately high and dis-incentivizes addressing the issue. This funding would allow the City to pay for the removal of trees on behalf of low-income residents so that removal occurs before the trees become hazardous and without significant financial burden for low-income residents. The City will also utilize funds to pay a contractor to replant the 100 trees on site as well as 30 55 Jufn!8/ additional trees on properties occupied by low-income residents. Staff have seen that unless barriers to replanting are removed, ash trees are often not replaced, leading to tree inequity. The project also prepares to create a new "Trees for Trails" program to plant 20 trees along trails to add shade. This will result in an overall 1:1.5 replanting ratio to expand the canopy coverage. Additionally, funds will be used to perform treatment of 400 high-quality ash trees on public property to preserve trees that provide the greatest amount of benefits based on the City's existing tree inventory. While the City's forestry budget has previously covered this work, this funding is vulnerable to being used for other tree pest and EAB management and comes at the expense of planting additional trees. Project Timeline January 2024: Following approval of all grant documents, the City will submit a request to all City-licensed Tree Service Contractors to become "pre-qualified project contractors". The City will enter into contracts with eligible companies for project work including a free inspection and tree removal. Contractors will be required to provide photos of trees prior to and following removal and site restoration. Contractors will invoice the City directly for services. January 2024: the City will select a contractor to provide tree replanting services on the property where ash trees were removed. March 1, 2024-April 30, 2027: The City will enter into agreements with low-income residents to pay for the removal and replacement of ash trees on their private property. Ash tree removal will be limited between May 1- September 30 to only situations in which the tree has been deemed immediately hazardous. Tree replacement will occur by the subsequent September 30 except for all trees removed between September 30, 2026-April 30, 2027 for which replacement will occur by May 30, 2027. Applications from low income residents will be accepted on a rolling basis. July 2024 and July 2025: The City will send a mailer to all single family homes advertising the program. September 2024, 2025, 2026: The City will contract with a Tree Service Company to plant a total of 150 trees over the course of three years. September 2026, The City will plant 20 trees along trails as part of the Trees for Trails program May 2027- City staff will provide a final on-site inspection or photographic review of all planted trees. June 2027- Residents will be offered a replacement tree for any tree not surviving. If declined by the resident it will be replaced by the City at its cost By June 2027, Any tree not surviving will be replanted on public property by City staff Project Budget Explanation It is important to the City to structure the program so that the City pays for the upfront cost of ash tree removal for low-income residents instead of providing financial assistance in the form of a rebate. In this manner, residents don't face additional tax implications or disqualification from other assistance programs. However, staff are also aware that some ash trees removals are very expensive based on tree location and condition. In order to avoid a situation in which only a small number of very expensive projects can be completed, the City is proposing to pay for the full cost of tree removal upfront with a maximum cap of $3,000 per tree. This amount should sufficiently cover "easy" tree removals. If a project comes back higher than that amount, the City will invoice the resident or enter into a voluntary assessment agreement with them to pay the remaining amount back over time. 56 Jufn!8/ Tree replanting on private property was estimated based on an initial price quote from a contractor and include a 10 gallon tree and the placement of a watering bag and tree guard. Using a tree contractor was determined to be the best method as residents may lack transportation or physical ability to collect and plant a tree. The Trees for Trails budget includes twenty 20-gallon trees, plus watering bags, and tree guards based on average costs from a commercial nursery. EAB Treatment includes two cycles of treatment for 200 trees (in 2024 and 2026) and one cycle for 215 trees (2025). Treatment costs are based on previous work completed by a contractor using emamtin benzoate. Budget also includes two mailers to single family properties to promote the program and to raise awareness for EAB management. The City is not including staff time within the project budget to direct maximum funds toward implementation. If costs come back lower than budgeted, the City will remove or replant more trees. All costs to replace trees that do not survive will be covered by the City. The City is open to reducing project quantities if less project funding is available than requested. Project Impacts on Priority Landscapes and Populations This project's removal and replacement component is in direct response to resident concerns over lack of funding for removal of private ash trees, and is designed to reach low-income residents. This will be defined as earning 80% Area Median Income or properties with rents affordable to residents earning 80% Area Median Income, based on definitions provided by the Metropolitan Council. While this project is city-wide, six of the seven census tracts in Fridley shown on the MPCA's Environmental Justice (EJ) map are highlighted as EJ areas based on poverty-level and all are highlighted as EJ areas based on race. The Metropolitan Council's Growing Shade Tool shows that Fridley households with lower incomes and higher percentages of people of color as having a lower percentage of tree canopy coverage. While a survey of ash trees on private properties hasn't been conducted, a survey of public ash trees showed the highest concentration of poor quality trees in a census tract with 32% of residents making under 200% of the federal poverty level. In particular, replanting efforts will be focused within the Park Plaza Co-Operative which is a manufactured housing community in an area with a 9.78/10 priority score for reforestation on the Growing Shade. Residents will be able to pick and prioritize from a variety of tree species to be planted/replanted on their property in order to maximize resident investment while ensuring a diverse tree canopy. Residents will also be able to choose between a list of pre-approved contractors to complete removal work. The City has access to translation services and will offer translation services on all print materials. Chemical treatment of EAB will be distributed across public spaces throughout the City in order to minimize the overall effects of extreme heat which has the greatest impact on vulnerable populations. Trees planted as part of the Trees for Trails program will add shade to provide shade for residents utilizing trails including children walking to school, transit users, and residents without a car. Communication 57 Jufn!8/ Communication regarding this program will occur through multiple formats including: general city communication channels (newsletter, electronic newsletter, social media), events, and direct mailers. At a minimum, we will publish two newsletter articles, two electronic newsletters, five social media posts, and attend three tabling event annually between 2024-2026 to promote the program. We will also update our existing letter sent by our certified tree inspectors informing them that they have an EAB infested tree/hazardous tree to include information on the grant program. Additionally, grant funds will be used to send two citywide mailers about EAB, options for managing EAB treatment and replacement, the importance of hiring a city-licensed tree service and the low-income tree removal and replacement program. The mailer will include text on how to receive the information in other languages. All outreach about EAB will include information on the importance of replanting with diverse species. Messaging about EAB treatment will emphasize the benefit of chemical injection over soil drenches. Key Personnel Internal staff for this project include: Rachel Workin, Environmental Planner. Rachel will administer the grant including development of the pre-approved contractor list for resident tree removals, contracts with low-income residents for financial assistance, and oversight of the tree-planting contractor. Rachel has worked with the City for six years, during which time she has successfully completed three DNR forestry grants, managed the City's tree sale, and overseen the City's EAB treatment program among other forestry initiatives. Rachel has created or collaborated on multiple residential financial assistance programs including the City's insulation rebate and water efficiency rebate programs. Rachel has a Master of Environmental Management from Duke University and previously led community forestry projects as a US P Jeff Jensen, Operations Manager, Parks. Jeff serves as the City Forester and oversees a team of nine certified tree inspectors. His team will help identify potentially hazardous ash trees on private property to target for outreach about this new program, assist residents with tree concerns about newly planted trees, and replant trees as needed on public property Jim Kosluchar, Director of Public Works will provide grant oversight. External staff include: Tree removal contractors: These contractors will be required to have a City license which includes insurance minimums and participation in the Tree Care Registry, have an ISA-certified arborist on staff, and sign a contract indicating that they will provide all necessary documentation for grant reporting including itemized invoices and photos of completed work. Tree planting contractor. This contractor will have a City license, have an ISA-certified contractor on staff, and have to demonstrate prior experience planting trees on residential properties Tree Treatment contractor: This contractor will have a City license, appropriate pesticide certifications and prior experience performing chemical injection. Tree Planting Grant funds will not fund the purchase of trees that are over-represented in your community. Any genera that comprise 10% or more of the community forest make-up will not be funded. Numbers derived from the Minnesota Department of Natural Resources 2010 Rapid Assessment will be used 58 Jufn!8/ unless an updated inventory is provided. For your community this means grant funds cannot be spent on purchasing: Acer (maple): 25.0% Fraxinus (ash): 18.1% Picea (spruce): 15.9% Quercus (oak): 11.1% All trees planted with grant funds are expected to be maintained based on the City of Fridley’s Three Year Tree Maintenance Plan submitted as Exhibit C. Trees that do not survive will need to be replaced prior to grant close-out utilizing the warranty the city has with the nursery that stock was purchased from, or at the expense of the City of Fridley. Requesting Reimbursement Accomplishment reports and maps of completed work will be submitted with all requests for reimbursement. Partial payment form along with invoices and proof of payment for grant-funded purchases, Cash Match form along with proof of payment, and In-Kind Match form, if applicable Partial payments may be submitted as needed, following the above reporting date schedule, and must include all up-to-date required documents and accomplishment reports Accomplishment reports will include grant contract deliverables and their impacts Photo documentation of the project’s progress at appropriate phases, and illustrations, diagrams, charts, graphs, and maps to show results Maps will: o Identify the location of ash that have been removed o Identify the location of ash stumps that have been ground o Identify the location and species of trees that have been planted o Identify the location of ash trees that have been treated All trees removed, treated, and planted will be mapped and submitted as shapefiles if possible, with the planted trees identified by species and size, to obtain grand fund reimbursement. If your community does not have access to shapefile-generating software, please notify your DNR Urban and Community Forestry Team Member, and they will work to assist you. Following the submission of invoices and accomplishment reports, a compliance check will be conducted by Minnesota Department of Natural Resources staff. Staff will do a site evaluation ensuring that tree species submitted on maps are correctly identified and planted in accordance with the standards set in the Minnesota Department of Natural Resources Pocket Guide to Planting Trees. Staff will also ensure that the project adheres to the 20-10-5 guideline which means that following planting, a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a single genus, and no more than 5% of their trees within a single species. Staff will confirm that planted tree stock is ¾”-2” caliper bareroot or a container class size #20 or smaller. Ineligible Project Expenses Ineligible project expenses include, but are not limited to: Costs incurred prior to the start date on the fully executed grant agreement 59 Jufn!8/ Purchase of trees listed on the Minnesota Invasive Terrestrial Plants and Minnesota Noxious Weed lists, including Amur cork tree, Amur maple, autumn olive, black locust, buckthorn, Callery pear, Norway maple, Russian olive, Siberian elm, Tatarian maple, and tree of heaven Purchase of balled and burlapped trees, containerized trees larger than #20, and bareroot trees greater than 2” caliper diameter Purchase of tree species that already make up 10% or more of the community’s public trees, or whose family makes up 20% or more of the public trees Purchase of plants such as shrubs, living ground covers, sod, grass seed, and flowers Purchase of land or easements Major soil and grade changes or construction Equipment purchases equal to or exceeding $5,000 Purchase of meals or snacks for volunteers Experimental practices not approved by DNR Acknowledgments Minnesota Department of Natural Resources The Minnesota Department of Natural Resources needs to be acknowledged in publications, audiovisuals, and electronic media developed as a result of this award. Logo is permitted for use and can be obtained upon request. DNR will provide a media kit to assist with publications and outreach related to this grant program. Refer to this media kit for suggested acknowledgment language. 5: Jufn!8/ %·§¨¡¨³ "Ȁ 0±®©¤¢³ "´£¦¤³ 202Ζ ReLeaf City of Fridley ItemStateGrant FundsCash MatchIn-kind MatchTotal Personnel and $0.00 Owned Equipment Eligible Expenses $420,550.00$420,550.00 Totals$420,550.00 $0.00 $0.00 $420,550.00 61 City of Jufn!8/ Gbmm3135-Gbmm3136-Gbmm3137-Tqsjoh DjuzpgGsjemfz SbdifmXpsljo 874.683.46:5 sbdifm/xpsljoAgsjemfzno/hpw bqqspyjnbufmz2.3#<21.31 261 21hbmmpodpoubjofspoqsjwbufqspqfsuz<31hbmmpodpoubjofsgpsUsfftup Qspqfsuzpxofstxjmmcfsftqpotjcmfgpsuifusfftqmboufepouifjsqsjwbufqspqfsuz/Djuztubggxjmmqspwjef ufdiojdbmbttjtubodf/Djuztubggxjmmcfsftqpotjcmfgpsusfftqmboufepoqvcmjdqspqfsuzbtqbsupguif UsfftgpsUsbjmtqsphsbn/ Zft-usbjojohxjmmcfoffefegpssftjefout/Bmmsfdjqjfoutpgusfftxjmmtjhobdpousbdupvumjojohuibuuifz voefstuboeuifnbjoufobodfpcmjhbujpot/Bcspdivsfjodmvejohjogpsnbujpopousffdbsfxjmmbmtpcf qspwjefebuuifujnfpgqmboujoh/Beejujpobmmz-uifDjuzxjmmdsfbufbwjefppoipxupnbjoubjousfftuibu dbocfwjfxfepouifDjuz(tZpvUvcfdiboofm/Tubggxjmmibwfuifbcjmjuzupusbotmbufjogpsnbujpojoup puifsmbohvbhft/ Dpousbdupstxjmmoffeuptvcnjuqipuptpgbmmdpnqmfufexpslupfotvsfjujttbujtgbdupszbtbdpoejujpopg qbznfou/Djuztubggxjmmqfsgpsntqpudifdltpgpgofxmzqmboufeusfftgpsuifgjstuuisffzfbst/Qspqfsujft xifsfusfftbsfpctfswfeupcfjoqppsdpoejujpoxjmmsfdfjwfbmfuufssfnjoejohuifnpgsfrvjsfe nbjoufobodf/BmmusffsfdjqjfoutxjmmcffodpvsbhfeupdbmmuifDjuz(tQvcmjdXpsltefqbsunfoujguifz opujdfuifjsusffjtjoefdmjofupsfdfjwfbgsffwjtjugspnpofpguifDjuz(tdfsujgjfeusffjotqfdupst/ Sfdjqjfoutpgusfftpoqsjwbufqspqfsuzxjmmtjhobdpousbdubhsffjohupxbufsuifusffxfflmzgpsuifgjstuuisff zfbstvomfttjuibtsbjofe2jodibxfflbtbdpoejujpopgqbsujdjqbujohjouifqsphsbn/Bmmsfdjqjfoutxjmm sfdfjwfbusffxbufsjohcbhxjuiuifjsusffupgbdjmjubufxbufsjoh/ UsfftqmboufebtqbsupguifUsfftgpsUsbjmtqsphsbnxjmmibwfbxbufsjohcbhxijdixjmmcfgjmmfeczDjuztubgg vtjohbxbufsjohusvdl/ 62 Jufn!8/ Bmmusfftxjmmcfnvmdifebuuifujnfpgqmboujoh/Sfdjqjfoutpgusfftpoqsjwbufqspqfsuzxjmmsfdfjwf jogpsnbujpopoipxupbeenvmdi/Djuztubggxjmmnpojupsnvmdiboesfqmbdfbtoffefegpsusfftqmboufe uispvhiuifUsfftgpsUsbjmtqsphsbn/ Tubljohjtopufyqfdufepoqsjwbufqspqfsuz<ipxfwfs-usffhvbsetxjmmcfqspwjefe)qmfbtftffcfmpx* xijdixjmmbmtpifmqqspufdubhbjotuebnbhfgspnnpxjoh/ TubljohxjmmcfqspwjefepousfftqmboufebtqbsupguifUsfftgpsUsbjmtqsphsbnjgoffefeboenpojupsfe czuifDjuz(tDfsujgjfeUsffJotqfdupst/Tubggbsfbmtpqspqptjohupjodsfbtfuiftj{fgspn21hbmmpoup31 hbmmpoupcfuufsxjuituboewboebmjtn/UifDjuznbjoubjottvqqmzpgtublftuibucfvtfejgoffefe/ SftjefoutsfdfjwjohusfftxjmmcffodpvsbhfeupdpoubduuifDjuz(tQvcmjdXpsltefqbsunfouuptdifevmfb op.dptuwjtjugspnuifDjuz(tDfsujgjfeUsffJotqfdupstgpsifmqjefoujgzjohboebeesfttjohbozqspcmfn/ UsffJotqfdupstxjmmcfbcmfejbhoptfjttvftxjuiuifusfftboesfdpnnfoetpmvujpot/Bmmusfftxjmm sfdfjwfbgjobmjotqfdujpopsbqipuphsbqijdsfwjfxczNbz41-3138/Jgbusffibtejfe-uifsftjefouxjmmcf pggfsfebofxusfffjuifsbtqbsupguifjojujbmxbssbouzpsbuuifdptupguifDjuz/Jguifsftjefouefdmjoftuif Bmmofxusfftxjmmsfdfjwfbusffhvbseupqspufdugspnnpxjohboebojnbmebnbhf/Sfdjqjfoutpgusfftpo qsjwbufqspqfsuzxjmmsfdfjwfjogpsnbujpopoxifoupsfnpwfuifjsusffhvbse/Djuztubggxjmmsfnpwfusfft hvbsetjodmvefebtqbsupguifUsfftgpsUsbjmqsphsbn/ Usffqsvojohxjmmcfuifsftqpotjcjmjuzpguifsftjefou<ipxfwfs-uifDjuzxjmmqspwjefjogpsnbujpopoipxup qsvofusfftboeuifDjuz(tDfsujgjfeUsffJotqfdupstxjmmcfbwbjmbcmfupqspwjefhvjebodfbtoffefe/Uif Djuz(tDfsujgjfeUsffJotqfdupstxjmmqspwjefqsvojohpgUsfftgpsUsbjmtusfft/ UsfftqspwjefeczuifUsffQmboujohDpousbdupsxjmmjodmvefbpofujnfsfqmbdfnfoupgbozusffuibuibt ejfexjuijopofzfbsgspnuifebufpgjotubmmbujpoqspwjefeuibuuifusffibtcffodbsfegpsbtjotusvdufe/Jg busffejftqsjpsupuifhsboubhsffnfou-uifsftjefouxjmmcfpggfsfebsfqmbdfnfouusff/Jguifsftjefou efdmjoftbsfqmbdfnfouusffjuxjmmcfqmboufepoqvcmjdqspqfsuzxjuijouifdjuzbuuifDjuz(tfyqfotf/ UsfftqmboufegpsuifDjuz(tUsfftgpsUsbjmtqsphsbnxjmmopujodmvefbxbssbouz-btuijtjtopubwbjmbcmf uispvhiuifDjuz(tdpnnfsdjbmbddpvou<ipxfwfs-uifDjuzxjmmsfqmbdfbozusfftuibujtjoqppsdpoejujpops efbebuuiffoepguifqspkfduhsboubhsffnfoujgoffefe/ 63 Jufn!8/ Minnesota Department of Natural Resources Conflict of Interest Disclosure Conflict of Interest: A conflict of interest occurs when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper or illegal act results from it. Actual Conflict of Interest: An actual conflict of interest occurs when a person’s decision or action would compromise a duty to a party without taking immediate appropriate action to eliminate the conflict.Examples include, but are not limited to: One party uses his or her position to obtain special advantage, benefit, or access to the other party’s time, services, facilities, equipment, supplies, badge, uniform, prestige, or influence. One party receives or accepts money (or anything else of value) from another party or has equity or a financial interest in or partial or whole ownership of the other party’s organization. One party is an employee, board member or family member of the other party. Potential Conflict of Interest: A potential conflict of interest may exist if a person has a relationship, affiliation, or other interest that could create an inappropriate influence if the person is called on to make a decision or recommendation that would affect one or more of those relationships, affiliations, or interests. Organizational Conflict of Interest: A conflict of interest can also occur with an organization that is a grant applicant in a competitive grant process or grantee of a state agency.Organizational conflicts of interest occur when: A grantee’s objectivity in carrying out the grant is impaired or compromised due to competing duties or loyalties A grantee, potential grantee or grant applicant has an unfair competitive advantage through being furnished unauthorized proprietary information or source selection information that is not available to all competitors Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY24: Updated July 2023 8 64 Jufn!8/ This section to be completed by Grantee’s Authorized Representative (AR): I certify that we will maintain an adequate Conflict of Interest Policy, and throughout the term of our agreement, we will monitor and report any actual, potential, individual, or organizational conflicts of interest to the State’s Authorized Representative. I also certify that I have read and understand the description of conflict of interest above and as of this date (check one of the two boxes below): I do not have any conflicts of interest relating to this project. I have an actual, potential, individual, or organizational (indicate below) conflict of interest. The nature of the conflict is as follows: If at any time during the grant project I discover a conflict of interest, I will disclose that conflict immediately to the State’s Authorized Representative. Grantee AR’s Printed Name: Date: Grantee AR’s Signature: Organization Name: _____________________________________________________________ Project Name: __________________________________________________________________ Legal Citation: ML______, Chapter ______, Article ___, Section ___, Subdivision ____ --------------------------------------------------------------------------------------------------------------------------------- State AR’s Printed Name: ________________________________ Date: State AR’s Signature: ____________________________________ Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY24: Updated July 2023 9 65 Jufn!9/ AGENDA REPORT Meeting Date:December 18, 2023 Meeting Type:City Council Submitted By:Beth Kondrick, Deputy City Clerk Title Resolution No. 2023-155, Designating Precincts and Polling Locations for the 2024Election 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. The attached resolution designates the precincts and polling locations for 2024. With the expected completion of construction on the new building at Moore Lake Park, it is an appropriate time to move the polling location for Ward 2, Precinct 3 from North Park Elementary into the new Moore Lake building. Whenever possible it is favorable to hold elections in locations that are not schools to help minimize disruption to the school day.While this is not possible in every precinct due to lack of available buildings in the Cityof Fridley (City), if an opportunity presents itself to move elections into a building that is not a school, Staff recommend this as a best practice. Affected residents will be notified of this polling location change through a mailing from the Secretary Financial Impact The City plans to mail postcards to those registered voters in the affected areas. Staff estimate the cost of such a postcard mailing to be approximately $800, which will be paid out of the Elections budget for 2024. Recommendation Staff recommend the adoption of Resolution No. 2023-155, Designating Precincts and Polling Locations for the 2024 Election Year. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building FinancialStability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Resolution No. 2023-155 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 66 Jufn!9/ Resolution No. 2023-155 Designating Precincts and Polling Locations for the 2024 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 construction of the Moore Lake Park building will be completed by the March 5, 2024 Presidential Nominating Primary; and Whereas, it is favorable to move the polling location for Ward 2, Precinct 3 from North Park Elementary School over to the Moore Lake Park building. Now, therefore be it resolved, that the City Council of the City Fridley hereby approves the polling locations to be used as the municipal polling locations in the calendar year 2024 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 St. Philip's Lutheran Church, 6180 Highway 65 N.E. Ward 2 Precinct 3 Moore Lake Park, 5872 Central Avenue 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. Be it further resolved, that the City Council hereby directs the City Clerk to make all necessary notifications and preparations for elections held in 2024 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 18 day of December, 2023. Scott J. Lund - Mayor Attest: Melissa Moore, City Clerk 67 Jufn!:/ AGENDA REPORT Meeting Date:December 18, 2023 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Resolution No.2023-163, Approving Appointments to the Planning Commission and the Environmental Quality andEnergy Commission (EQEC) Background Effective January 1, 2024, two commission members will be resigningone from the Planning Commission and one from the EQEC. Staff advertised the upcoming openings on social media and the met with the Fridley City Council onDecember 11, 2023. Staff prepared the attached resolution appointing Aaron Brom to the Planning Commission and Avonna Starck to the EQEC for a three-year term. Financial Impact None Recommendation Staff recommend the approval of Resolution No. 2023-163, Approving Appointments to the Planning Commission and the EQEC. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Resolution No. 2023-163 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 68 Jufn!:/ Resolution No. 2023-163 Approving Appointments to the Planning Commission and the Environmental Quality and Energy Commission Whereas, the Fridley City Council (Council) appoints Fridley residents perform functions outlined and authorized by the City Charter, City Code, resolution or agreement; and Whereas, in the beginning of December, 2023, staff was made aware that one commission member would be resigning from the Planning Commission, and one from the Environmental Quality and Energy Commission (EQEC), effective January 1, 2024; and Whereas, after advertising on social media and two individuals expressed an interest in being appointed to the vacancies on the commissions and met with the Council on December 11, 2023. Now, therefore, be it resolved, that the City Council of the City of Fridley hereby appoints Aaron Brom to the Fridley Planning Commission, for a three-year term expiring on December 31, 2026. Be it further resolved, that the City Council of the City of Fridley hereby appoints Avonna Starck to the Fridley EQEC for a three-year term expiring on December 31, 2026. th Passed and adopted by the City Council of the City of Fridley this 18 day of December, 2023. ____________________________________________ Scott J. Lund Mayor Attest: ________________________________________ Melissa Moore City Clerk 69 Jufn!21/ AGENDA REPORT Meeting Date:December 18, 2023 Meeting Type:City Council Submitted By:Korrie Johnson, Assistant Finance Director Title Resolution No. 2023-164, Approving Gifts, Donations and Sponsorships Received BetweenNovember 18, 2023,and December 11, 2023 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 (Exhibit A), which outlines the various donations, gifts and/or sponsorships received by the City betweenNovember 18, 2023,and December 11, 2023.To accept the same, the Council must adopt the attached resolution by a twothird majority vote. Lastly, for each donation, gift or sponsorship, staff ensure it meets an identified need, does not create a quidproquo or longterm maintenance obligation, and the donor received an acknowledgment of their gift through a letter or publication. Financial Impact Every donation benefits the City Recommendation Staff recommend the approval of Resolution No. 2023-164,Approving Gifts, Donations and Sponsorships Received BetweenNovember 18, 2023, and December 11,2023. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2023-164 Exhibit A: Schedule No. 1 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 6: Jufn!21/ Resolution No. 2023-164 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 November 18, 2023, and December 11, 2023; and Whereas, all of the items listed on the attached schedule (Exhibit A) are required to be accepted by the City Council by a two-thirds majority vote; and Whereas, all items have been determined to be donated free of any quid-pro-quo expectation by the donor. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves and accepts the various donations, gifts and sponsorships made between November 18, 2023, and December 11, 2023. Passed and adopted by the City Council of the City of Fridley this 18th day of December, 2023. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 71 / 1 2 2 ! 7 n f u J 101 Fund Schedule No. 1 Value Amount/ Donor Name, if not anonymous Report to Date Total$431,911.54 Xcel grantSpringbrook Foundation$7,500.00270Green RoofSpringbrook Foundation$67,751.20270Donation for Police K9 ExpensesCoss Family Foundation (St. Paul & MN Foundation)$20,000.00101Donation for Winterfest - KicksledsSpring Lake Park Lions$1,500.00270Donation Box ContentsVarious$127.00270Donation for "Nite to Unite" suppliesMINCO$1,000.00101Donation for Winterfest - KicksledsFridley Lions Club$1,500.00101 Department or DivisionProgram SNCSNCPublic Safety - PoliceSNCSNCPublic Safety - PoliceParks & Recreation - Rec Div Date 1/3/20233/1/2023SNCDonation Box ContentsVarious$88.002706/1/2023RECSafety Camp - PresentationFridley Lions Club$1,500.001018/9/2023SNCDonation Box ContentsVarious$55.002709/6/2023SNCDonation to SNCBetty Ann Addison$200.002709/6/2023Community DevelopmentDonation toward band for 5 year anniversaryScott Hickok$500.00101 Received 1/17/20231/18/2023Public Safety - FireDonation for Fire Prevention ActivitiesMINCO$1,000.001011/25/2023SNCDonation Box ContentsVarious$145.042701/25/2023SNCIndividual DonationJerrilynn Boehland$100.002702/28/2023SNCDonation Box ContentsVarious$295.002703/10/2023SNCGeneral DonationZoe & Brett Hildreth$100.002703/16/2023SNCMemorial Donation for Dave KondrickRoger & Barb Van Batavia$25.002703/23/2023Public WorksDonation of Right of Way at 53rdTarget$137,600.004064/10/2023Public Safety - PoliceDonation for "Shop with a Cop" gift cardsWal-Mart$4,000.001014/13/202 3SNCMemorial Donation for Dave KondrickVarious$295.002704/13/2023SNCDonation Box ContentsVarious$184.002704/19/2023SNCMemorial Donation for Dave KondrickBarbara & Stephen Kondrick$25.002704/28/2023SN CDonation Box ContentsVarious$65.002705/10/2023SNCMemorial Donation for Jeanette OliverusShelly Albers$100.002705/12/2023SNCSNCF Grant ReimbursementXcel Energy and International Paper$7,000.002705/24 /2023SNCDonation Box ContentsVarious$102.002705/25/2023RECSafety Camp - Helmet donationFridley Women of Today$700.001016/14/2023SNCDonation Box ContentsVarious$76.002706/23/2023SNCDonation Gregg & Theresa Dillenburg$75.002707/14/2023SNCDonation Box ContentsVarious$50.002708/18/2023SNCFireplace Donation at SNCSpringbrook Foundation$28,192.304079/27/2023Public Safety - PoliceDonation for "Coats from Cops" eventFridley Lions Club$2,500.0010110/9/2023RECDonation for Turkey Fun EventFridley Lions Club$1,000.0010111/3/2023SNCDonation Box ContentsVarious$261.0027011/3/ 2023CIP ParksSNC Nature Play AreaSpringbrook Foundation$125,000.0040711/9/2023SNCDonationSpring Lake Park Lions$1,000.00270 12/1/2023Public Safety - PoliceDonation for general purpose - PoliceCoss Family Foundation (St. Paul & MN Foundation)$20,000.00 12/19/202212/22/202212/28/202212/30/202212/31/202210/25/2023SNCIndividual DonationKatherine Mrozek$100.0027011/17/2023SNCGive to the Max DayLake Country Wanderers$50.00270 11/30/2023SNCDonation Box ContentsVarious$150.00270 Gifts, Donations, and Sponsorships - City of Fridley Jufn!22/ AGENDA REPORT Meeting Date:December 18, 2023 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Resolution No. 2023-162,Approving Claims for the Period Ending December 13,2023 Background Attached is Resolution No. 2023-162and the Claims Report for the period endingDecember 13, 2023. Financial Impact Included in the budget. Recommendation Staff recommend the approval of Resolution No. 2023-162, Approving Claims for the Period Ending December 13, 2023. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2023-162, Approving Claims for the Period Ending December 13, 2023 City Council Claims Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 73 Jufn!22/ Resolution No. 2023-162 Approving Claims for the Period Ending December 13, 2023 Whereas, Minnesota Statute § 412.271 generally requires the City Council to review and approve claims for goods and services prior to the release of payment; and Whereas, a list of such claims for the period ending December 13, 2023, was reviewed by the City Council. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the payment of the claims as presented. th Passed and adopted by the City Council of the City of Fridley this 18 day of December, 2023. _______________________________________ Scott J. Lund - Mayor Attest: Melissa Moore City Clerk 74 75 Jufn!22/ 76 Jufn!22/ 77 Jufn!22/ 78 Jufn!22/ 79 Jufn!22/ Jufn!23/ AGENDA REPORT Meeting Date:December 18,2023 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Brandon Brodhag, Assistant City Engineer Carl Lind, Graduate Engineer Title Public Hearing forImprovements for 2024 Street Rehabilitation Project No. ST2024-01 andResolution No. 2023-157,Ordering Final Plans, Specifications and Calling for Bids for 2024 Street Rehabilitation Project No. ST2024-01 Background Following discussion and directionfromthe Fridley City Council (Council),the Public Works Department has prepared afeasibility report regarding the proposed roadway and utility improvements (Improvements) included as part ofthe 2024 Street Rehabilitation Project No. ST2024-01 (Project). On November 27, 2023, the report was presented to Council and a public Hearing on Improvements was set for December 18, 2023by Resolution No. 2023-142. The Hearing on Improvements was advertised in accordance with statutory requirementsand officially publishedin the Star Tribuneon December 4, 2023 and December 11, 2023.Additionally, adjacentproperty owners subject to special assessment were mailed notice of the public hearing on November 29, 2023. The mailing to each property owner included a preliminary assessment estimate and project update. The Projectis approximately 1.3miles in length andincludes pavement and utility improvements across th three distinct project locations: Lucia Lane, Channel Road and 66Avenue east of Trunk Highway 65 and north of Mississippi Street(CSAH 6)(Ward 2), Norton Avenue from Central Avenue (CSAH 35) to the rd western terminus (Ward 2), and Buchanan Street from 53Avenue to the City Limits (Ward 1). The streets and underground utilities throughout the project were originally constructed from the mid-1950s to the late 1970s. Since their initial construction, they have received periodic rehabilitation and preventative maintenance, including seal coating. In total, 153properties are located along the project areas. These Financing Policy. In September 2023, preliminary public outreach for the Project was conducted using a combination of in- Themeeting andvirtual presentation included information on the proposed improvements, construction, special assessments and tentative project schedule.Project residents were invited via public mailing to either attend the informational meeting or view the virtual presentation and provide feedback to staff. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 7: Jufn!23/ Proposed street rehabilitation with the project will include asphalt reclaiming and milling, bituminous asphalt paving, concrete curb & gutter spot replacement and miscellaneous utility repairs within the roadway. All project streets excluding Buchanan Street will be replaced by new bituminous pavement overtop an aggregate base fortified by in-place pavement reclamation. Buchanan will receive a 1-½ inch mill and overlay of the existing pavement section. The Project also includes the termination of Lucia Lane th and construction of a cul-de-sac at 68 Place to address historic traffic volume/speed concerns along Lucia Lane. Proposed improvements to the water distribution system will include the replacement of approximately 1,600 lineal feet of existing water main along Channel Road, replacement of 12 fire hydrants and rehabilitation of other system appurtenances throughout the project. Locations for replacement of water main and other system facilities were identified by Public Works staff based upon existing condition and functionality. Proposed improvements to the existing sanitary sewer and storm sewer networks will include the construction of two hydrodynamic structures and four rain gardens to improve storm water quality in addition to the rehabilitation of various existing structures. The existing sewer networks were inspected by Public Works staff and generally found to be in good condition. Other minor improvements to these systems will include manhole and inlet adjustments as well as casting replacement, if necessary, within the roadway in conjunction with proposed pavement improvements. State Aid System funding, special assessments to benefitting properties and Utility CIP funds (water, sanitary sewer, and storm sewer). Staff are also pursuing additional funding for proposed storm water quality improvements through cost-share grants with various watershed organizations. Staff requests consideration including input and information received at the Hearing on Improvements. Following this public hearing, the Council will be asked to address Resolution No. 2023-157 to consider ordering final plans, specifications and calling for bids for the project. If the City Council chooses to move forward with this project by approving the attached resolution, staff will finalize the design in January 2023, and construction would be completed between May and September 2024. Financial Impact Funding for this project is derived from several sources including Municipal State Aid Street funding, special assessments, and Utility CIP funds (water, sanitary sewer, and storm sewer). Additional funding for storm water quality improvements will be pursued by staff through various watershed district cost- share grant programs. The Project is budgeted in the adopted Capital Investment Plan for 2024-2028. Recommendation Staff recommends the approval of Resolution No. 2023-157, Ordering Final Plans, Specifications and Calling for Bids for the 2024 Street Rehabilitation Project No. ST2024-01. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 81 Jufn!23/ Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2023-157 !Map of 2024 Street Rehabilitation Project Area !Public Hearing Advertisement in the Official Publication !Mailed Public Hearing Notice (sample) Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 82 Jufn!23/ Resolution No. 2023-157 Ordering Final Plans, Specifications and Calling for Bids for the 2024 Street Rehabilitation Project No. ST2024-01 Whereas, the City of Fridley (City) has prepared a Capital Investment Program to systematically and regularly reconstruct and rehabilitate streets and utilities within the City to maintain infrastructure quality and performance; and Whereas, the construction of certain roadway and utility improvements (Improvements) are included within the 2024 Street Rehabilitation Project No. ST2024-01 (Project) as identified within the Capital Investment Program and deemed to be in the interest of the City and property owners affected thereby; and Whereas, Engineering Division has prepared a feasibility report and estimates of costs thereof for the Improvements; and Whereas, Resolution No. 2023-142 adopted November 27, 2023, received the feasibility report and set a public hearing regarding the estimated costs, funding and construction of the Improvements for the date of December 18, 2023; and Whereas, it is the intent of the City to fund a portion of the project costs through special assessments to benefitting property owners in accordance with its Roadway Major Maintenance Financing Policy; and Whereas, pursuant to Minnesota Statute, proper notification of said public hearing was given; and Whereas, at said Hearing on Improvements, the City Council heard all those parties that desired to address the Council regarding said Improvements in whole or in part. Now, therefore it be resolved, that the City Council of the City of Fridley hereby finds and orders: 1.!Such Improvements are necessary, cost-effective and feasible as detailed in the feasibility report. 2.!The Improvements proposed in the feasibility report are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street and utility improvements, including pavement reclamation, mill & overlay, bituminous asphalt paving, concrete curb & gutter spot replacement, water main replacement and utility repairs including the street segments as follows: 83 Jufn!23/ th Lucia Lane from Mississippi Street (CSAH 6) to 68 Place Channel Road from Mississippi Street (CSAH 6) to North Terminus th 66 Avenue from Pierce Street to Channel Road Norton Avenue from Central Avenue (CSAH 35) to West Terminus rd Buchanan Street from 53 Avenue to City Limits 3.!The Improvements be incorporated in the 2024 Street Rehabilitation Project No. ST2024-01. 4.!That the work affecting the Improvements under said Project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 5.!That the Director of Public Works, James P. Kosluchar, P.E. is hereby designated as the engineer for the Improvements and shall oversee the preparation of plans, specifications and estimates of cost thereof for making of the Improvements. 6.!That final plans, specifications and estimates are prepared by the Public Works Engineering Division and provided to the City Council as they are completed. 7.!That the Engineering Division call for bids in order that Project award(s) and construction can be considered. th Passed and adopted by the City Council of the City of Fridley this 18 day of December, 2023. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 84 Jufn!23/ 85 Jufn!23/ City of Fridley Notice of Hearing on 2024 Street Rehabilitation Project No. ST2024-01 Whereas, the City Council of the City of Fridley, Anoka County, Minnesota has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. Now, therefore, notice is hereby given that on the 18th day of December 2023, at 7:00 p.m. the City Council will meet at the Fridley Civic Campus Council Chambers, 7071 University Avenue, N.E., Fridley, MN and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: Street and utility improvements, bituminous asphalt overlay, pavement reclamation, water main, and utility repairs including the street segments as follows: LUCIA LANE from MISSISSIPPI STREET (CSAH 6) to 68TH PLACE CHANNEL ROAD from MISSISSIPPI STREET (CSAH 6) to 68TH AVENUE 66TH AVENUE from PIERCE STREET to CHANNEL ROAD NORTON AVENUE from CENTRAL AVENUE (CSAH 35) to WEST TERMINUS BUCHANAN STREET from 53RD AVENUE to CITY LIMITS All of said land and parcels abutting the list of street segments above are to be assessed proportionately according to the benefits received by such improvement. The City Engineer has estimated the project cost to be $1,459,400. A tabulation of costs is available at the City’s Engineering Office. A reasonable estimate of the impact of the assessment for each property will be available at the hearing. The City Engineer will be present to describe the physical and financial impact of the proposed project as described in the project feasibility report and proposed plans and specifications. Hearing impaired persons planning to attend the public hearing who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than th the 15day of December 2023. Published: Star Tribune December 04, 2023 December 11, 2023 86 Jufn!23/ Fridley Civic Campus 7071 University Ave N.E. Fridley, MN 55432 763-571-3450 |FAX: 763-571-1287 |FridleyMN.gov November 29, 2023 PW23-089 Subject:Notice ofPublic Hearing for 2024 Street Rehabilitation Project No. ST2024-01 Dear PropertyOwner: The Fridley City Council will conduct a public hearing to consider authorizing construction of the 2024 Street Rehabilitation Project No. ST2024-01. A presentation will be given before Council that will provide information on estimated costs, funding, special assessments, and construction. When: Monday, December 18, 2023; 7:00 p.m. Where: Fridley Civic Campus, Council Chambers 7071 University Avenue NE, Fridley, MN You are subject to a special assessment and your preliminary estimated assessment is $3,650.00. This is in accordance with the City of Fridley special assessment policy and is based on best available information of estimated project costs and assumes similar application of special assessments as in previous projects to the property identified below. Assessment payment options will be presented at the hearing. PROPERTY IDENTIFICATION NUMBER: SUBJECT PROPERTY ADDRESS: We look forward to seeing you at the public hearing. If you have questions,please call the Engineering Divisionat 763-572-3554. Sincerely, James P. Kosluchar, P.E. Director of Public Works Publication and Project Area Map (Back of Page) 87 Jufn!23/ City of Fridley Notice of Hearing on 2024 Street Rehabilitation Project Project No. ST2024-01 Now, therefore, notice ishereby given thaton the 18th day of December 2023, at 7:00 p.m. the City Council will meet at the Fridley Civic Campus Council Chambers, 7071 University Avenue, N.E., Fridley, MN and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: Street and utility improvements, bituminous asphalt overlay, pavement reclamation, water main, and utility repairs including the street segments as follows: TH LUCIA LANE from MISSISSIPPI STREET (CSAH 6) to 68PLACE TH CHANNEL ROAD from MISSISSIPPI STREET (CSAH 6) to 68AVENUE TH 66AVENUE from PIERCE STREET to CHANNEL ROAD NORTON AVENUE from CENTRAL AVENUE (CSAH 35) to WEST TERMINUS RD BUCHANAN STREET from 53AVENUE to CITY LIMITS All of said land and parcels abutting the list of street segments above are to be assessed proportionately according to the benefits received by such improvement. The City Engineer has estimated the project cost to be $1,459,400. A tabulation of costs is available at the City’s Engineering Office. A reasonable estimate of the impact of the assessment for each property will be available at the hearing. The City Engineer will be present to describe the physical and financial impact of the proposed project as described in the project feasibility report and proposed plans and specifications. Hearing impaired persons planning to attend the public hearing who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins th at 763-572-3500 no later than the 15day of December2023. Published:Star Tribune December 04, 2023 December 11, 2023 88 Jufn!24/ AGENDA REPORT Meeting Date:December 18, 2023 Meeting Type:City Council Submitted By:Joe Starks, Finance Director/City Treasurer Title ResolutionNo.2023-156, Approving Budget Reappropriation for Certain Funds for the Fiscal Year Ending December 31, 2023 Background The City Charter (Charter) establishes certain processes for the preparation, passage, enforcementand alteration of the annual and revised budgets. Specifically, Section 7.07 of the Charter, authorizes the City Council (Council) to increase expenditures under two circumstances: 1) when actual revenues exceed estimated revenues; and/or 2) by identifying offsetting decreases in other areas of the budget. Tomaintain compliance with this section of the Charter, and minimize the need for subsequent reappropriations, the Council annually adopts a revised budget in December.As part of the preparations of the Annual Comprehensive Financial Report (ACFR), staff typically identify other areas requiring further revisions or reappropriations, which are typically presented to the Council for consideration around the time of acceptance of the ACFR. As part of this process, staff identified multiple areas that require revision and they are attached, with descriptions.All increases to expenditure budgets are either offset by additional revenue or a decrease to a different expenditure. Several of the budgetamendments relate to expenditures incurred funded by grant revenue received, that was not previously budgeted for.Additionally, the City has received more police aid and fire aid than was budgeted, however, fire aid is a direct pass through (payment) to the Fire Relief Association, with that particular expenditure budget line item being adjusted. Another area requiring revision is an increase to the Police overtime budget which is offset by increased security revenue received related to security services the department has provided. The attachment includes the budget line items impacted by the proposed budget amendments. Financial Impact All increases to expenditure budgets are offset by either an increase to revenue budget or a corresponding decrease to a different expenditure budget. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 89 Jufn!24/ Recommendation Staff recommend the approval of Resolution 2023-156, Approving Budget Reappropriation for Certain Funds for the Fiscal Year Ending December 31, 2023. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2023-156 !Proposed Budget Adjustment Register Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 8: Jufn!24/ Resolution No. 2023-156 Resolution 2023-156, Approving Budget Reappropriation for Certain Funds for the Fiscal Year Ending December 31, 2023 Whereas, the City Charter (Charter) established certain processes for the preparation, passage, enforcement and alternation to the annual budget; and Whereas, Section 7.07 of the Charter authorizes the City Council (Council) to increase expenditures under two circumstances: 1) when actual revenues exceed estimated revenues; and 2) by identifying offsetting decreases in other areas of the budget; and Whereas, for the Fiscal Year ending December 31, 2023, staff identified multiple areas requiring reappropriation subject to the Section 7.07 of the Charter; and Whereas, the revisions to expenditure budgets are all either offset by additional revenue or an offsetting decrease to a different expenditure line item. Now, therefore, be it resolved, that the City Council of the City of Fridley hereby approves and authorizes the following amendments to the 2023 Budget, as shown on the attachment. Passed and adopted by the City Council of the City of Fridley this 18th day of December, 2023. _______________________________________ Scott J. Lund Mayor Attest: ________________________________________ Melissa Moore City Clerk 91 Jufn!24/ Budget Adjustment Register City of Fridley, MN Adjustment Detail Packet: GLPKT26117 - 12/08/2023 KJ 2023 Budget Amendment Adjustment NumberBudget CodeDescriptionAdjustment Date BA00000792023 Final Budget12/8/2023 2023 Budget Amendment Summary Description: Account NumberAccount NameAdjustment DescriptionBeforeAdjustmentAfter 101-1270-445100Comm & Engage / TC Gateway …2023 Budget Amendment-11,000.00-4,000.00-15,000.00 December:-4,000.00 101-1270-633110Comm & Engage / Printing & Bi…2023 Budget Amendment24,500.004,000.0028,500.00 December:4,000.00 101-2110-443220Police / Insurance Premium Tax…2023 Budget Amendment-395,000.00-82,000.00-477,000.00 December:-82,000.00 101-2110-453100Police / School Resource Officer…2023 Budget Amendment-256,000.00-8,000.00-264,000.00 December:-8,000.00 101-2110-453110Police / Police Security2023 Budget Amendment-210,000.00-20,000.00-230,000.00 December:-20,000.00 101-2110-461100Police / Parking Tickets2023 Budget Amendment0.00-4,000.00-4,000.00 December:-4,000.00 101-2110-473100Police / General Contributions …2023 Budget Amendment-7,000.00-18,000.00-25,000.00 December:-18,000.00 101-2110-474200Police / Reimbs from other Gov…2023 Budget Amendment-10,100.00-3,000.00-13,100.00 December:-3,000.00 101-2110-611105Police / PT Permanent-Regular2023 Budget Amendment117,400.0040,000.00157,400.00 December:40,000.00 101-2112-443400Pol-Auto Theft / State Grants2023 Budget Amendment-184,600.00-5,000.00-189,600.00 December:-5,000.00 101-2112-621150Pol-Auto Theft / Tools & Minor …2023 Budget Amendment0.0076,000.0076,000.00 December:76,000.00 101-2190-443210Fire / Insurance Premium Tax - …2023 Budget Amendment-203,400.00-25,000.00-228,400.00 December:-25,000.00 101-2190-443400Fire / State Grants2023 Budget Amendment-15,000.00-24,000.00-39,000.00 December:-24,000.00 101-2190-453120Fire / False Alarms2023 Budget Amendment0.00-6,000.00-6,000.00 December:-6,000.00 101-2190-611100Fire / FT Employee-Regular2023 Budget Amendment582,200.00-25,000.00557,200.00 December:-25,000.00 101-2190-611110Fire / Temp Employee-Regular2023 Budget Amendment400,000.0065,000.00465,000.00 December:65,000.00 101-2190-632120Fire / Conferences & School2023 Budget Amendment30,000.0014,000.0044,000.00 December:14,000.00 101-2190-638180Fire / Pmts to Other Agencies2023 Budget Amendment203,400.0025,000.00228,400.00 December:25,000.00 101-3150-443400Forestry / State Grants2023 Budget Amendment0.00-5,500.00-5,500.00 December:-5,500.00 101-3150-621140Forestry / Supplies for Repair &…2023 Budget Amendment5,000.005,500.0010,500.00 December:5,500.00 101-3160-455110Parks / Public Works Maintena…2023 Budget Amendment-1,900.00-4,000.00-5,900.00 December:-4,000.00 101-3160-621160Parks / Work Order Transfer - P…2023 Budget Amendment11,000.004,000.0015,000.00 12/13/2023 1:06:49 PMPage 1 of 4 92 Jufn!24/ Budget Adjustment RegisterPacket: GLPKT26117 - 12/08/2023 KJ 2023 Budget Amendment December:4,000.00 101-3180-455110Streets / Public Works Mainten…2023 Budget Amendment0.00-7,300.00-7,300.00 December:-7,300.00 101-3180-611200Streets / FT Employee - Overti…2023 Budget Amendment20,600.007,300.0027,900.00 December:7,300.00 101-4106-459100Rec ROCKS / Program Revenue2023 Budget Amendment-75,000.00-6,000.00-81,000.00 December:-6,000.00 101-4106-611110Rec ROCKS / Temp Employee-R…2023 Budget Amendment55,000.006,000.0061,000.00 December:6,000.00 101-5110-435100Bldg Inspection / Building Perm…2023 Budget Amendment-388,900.0025,000.00-363,900.00 December:25,000.00 101-5110-435200Bldg Inspection / Electrical Per…2023 Budget Amendment-61,100.00-25,000.00-86,100.00 December:-25,000.00 101-5110-453210Bldg Inspection / Fire Impact Su…2023 Budget Amendment-64,900.0019,000.00-45,900.00 December:19,000.00 101-5140-457300Rental Inspection / Rental Re-In…2023 Budget Amendment-13,600.00-19,000.00-32,600.00 December:-19,000.00 237-5180-451510Recycling / Recycling Penalties2023 Budget Amendment-6,300.00-5,000.00-11,300.00 December:-5,000.00 237-5180-621130Recycling / Operating Supplies2023 Budget Amendment12,000.005,000.0017,000.00 December:5,000.00 609-6910-703100Liq Store 1 / Machinery & Equi…2023 Budget Amendment0.00110,000.00110,000.00 December:110,000.00 609-6920-701100Liq Store 2 / Building & Bldg Im…2023 Budget Amendment110,000.00-110,000.000.00 December:-110,000.00 12/13/2023 1:06:49 PMPage 2 of 4 93 Jufn!24/ Budget Adjustment RegisterPacket: GLPKT26117 - 12/08/2023 KJ 2023 Budget Amendment Budget Code Summary BudgetBudget DescriptionAccountAccount DescriptionBeforeAdjustmentAfter 2023 Final2023 Final Budget101-1270-445100Comm & Engage / TC Gateway Gr…-11,000.00-4,000.00-15,000.00 101-1270-633110Comm & Engage / Printing & Bindi…24,500.004,000.0028,500.00 101-2110-443220Police / Insurance Premium Tax - P…-395,000.00-82,000.00-477,000.00 101-2110-453100Police / School Resource Officer R…-256,000.00-8,000.00-264,000.00 101-2110-453110Police / Police Security-210,000.00-20,000.00-230,000.00 101-2110-461100Police / Parking Tickets0.00-4,000.00-4,000.00 101-2110-473100Police / General Contributions & D…-7,000.00-18,000.00-25,000.00 101-2110-474200Police / Reimbs from other Govts-10,100.00-3,000.00-13,100.00 101-2110-611105Police / PT Permanent-Regular117,400.0040,000.00157,400.00 101-2112-443400Pol-Auto Theft / State Grants-184,600.00-5,000.00-189,600.00 101-2112-621150Pol-Auto Theft / Tools & Minor Equ…0.0076,000.0076,000.00 101-2190-443210Fire / Insurance Premium Tax - Fire…-203,400.00-25,000.00-228,400.00 101-2190-443400Fire / State Grants-15,000.00-24,000.00-39,000.00 101-2190-453120Fire / False Alarms0.00-6,000.00-6,000.00 101-2190-611100Fire / FT Employee-Regular582,200.00-25,000.00557,200.00 101-2190-611110Fire / Temp Employee-Regular400,000.0065,000.00465,000.00 101-2190-632120Fire / Conferences & School30,000.0014,000.0044,000.00 101-2190-638180Fire / Pmts to Other Agencies203,400.0025,000.00228,400.00 101-3150-443400Forestry / State Grants0.00-5,500.00-5,500.00 101-3150-621140Forestry / Supplies for Repair & Ma…5,000.005,500.0010,500.00 101-3160-455110Parks / Public Works Maintenance-1,900.00-4,000.00-5,900.00 101-3160-621160Parks / Work Order Transfer - Parts11,000.004,000.0015,000.00 101-3180-455110Streets / Public Works Maintenance0.00-7,300.00-7,300.00 101-3180-611200Streets / FT Employee - Overtime20,600.007,300.0027,900.00 101-4106-459100Rec ROCKS / Program Revenue-75,000.00-6,000.00-81,000.00 101-4106-611110Rec ROCKS / Temp Employee-Regu…55,000.006,000.0061,000.00 101-5110-435100Bldg Inspection / Building Permits-388,900.0025,000.00-363,900.00 101-5110-435200Bldg Inspection / Electrical Permits-61,100.00-25,000.00-86,100.00 101-5110-453210Bldg Inspection / Fire Impact Surc…-64,900.0019,000.00-45,900.00 101-5140-457300Rental Inspection / Rental Re-Insp…-13,600.00-19,000.00-32,600.00 237-5180-451510Recycling / Recycling Penalties-6,300.00-5,000.00-11,300.00 237-5180-621130Recycling / Operating Supplies12,000.005,000.0017,000.00 609-6910-703100Liq Store 1 / Machinery & Equipm…0.00110,000.00110,000.00 609-6920-701100Liq Store 2 / Building & Bldg Impro…110,000.00-110,000.000.00 2023 Final Total:-332,700.000.00-332,700.00 Grand Total:-332,700.000.00-332,700.00 12/13/2023 1:06:49 PMPage 3 of 4 94 Jufn!24/ Budget Adjustment RegisterPacket: GLPKT26117 - 12/08/2023 KJ 2023 Budget Amendment Fund Summary FundBeforeAdjustmentAfter Budget Code:2023 Final - 2023 Final Budget Fiscal: 2023 101-448,400.000.00-448,400.00 2375,700.000.005,700.00 609110,000.000.00110,000.00 Budget Code 2023 Final Total:-332,700.000.00-332,700.00 Grand Total:-332,700.000.00-332,700.00 12/13/2023 1:06:49 PMPage 4 of 4 95 Jufn!25/ AGENDA REPORT Meeting Date:December18, 2023 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Brandon Brodhag, Assistant City Engineer Touyia Lee, Graduate Engineer Title rd Resolution No. 2023-158, ApprovingChange Order No. 1 for 53Avenue Trail and Walk Improvements Project No. ST2023-21 Background rd Attached is Change Order No. 1for the for 53Avenue Trail and Walk Improvements Project No. rd ST2023-21. This project includes street rehabilitation on53Avenue from Main Street to Trunk rd Highway 65 (Central Avenue), installation of a new bituminous trail on the south side of 53Avenue rd from Main Street to Central Avenue, and installation of a concrete sidewalk on the north side of 53 Avenue from Trunk Highway 47 (University Avenue) to Monroe Street. This project is part of the Cityof regular street maintenance program and is a shared roadway between the City and City rd of Columbia Heights(Columbia Heights)for the segment of 53Avenue between Trunk Highway 47 (University Avenue) to Trunk Highway 65 (Central Avenue). This project was submitted for eligible Minnesota Department of Transportation (MnDOT) Local Road Improvement Program (LRIP) funding for the trail, sidewalk, and resurfacing improvements in 2021 and received $1,250,000 in State funding.Columbia Heights will be providingfunding for a portion of the project through a Joint Powers Agreement. The work is being performed under a contract withPark Construction Companyof Spring Lake Park, MN. The amount of this change order is$218,556.20.Total work included in Change Order No. 1would increase theoriginalcontract by 12.3%.A summary of the changes is attached. Additional work was required due to the following: Type SP 9.5 Wear Course Mix Pavement (CO1.01) Final quantity for wear course mix pavement exceeded the base contract quantity, with an overrun of 7%. This value does not vary substantially from a typical +/-15% tolerance for bituminous paving operations along rehabilitated streets. This tolerance in paving tonnage can primarily be attributed to variations in the existing curb profiles that prevent a consistent depth of mat installation. CO1.01 accounted for $11,023.10 of the change order. Columbia Heights will fund $3,674.37and the City will fund $7,348.73 with Minnesota State Aid Street Fundsand Street CIP Fund. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 96 Jufn!25/ Type SP 12.5 Non-Wear Course Mix Pavement (CO1.02) Final quantity for non-wear course mix pavement exceeded the base contract quantity, with an overrun of 13%. This value does not vary substantially from a typical +/- 15% tolerance for bituminous paving operations along rehabilitated streets. This tolerance in paving tonnage can primarily be attributed to variations in the existing curb profiles that prevent a consistent depth of mat installation. Additional section of 53rd Avenue had to be recorrected due to unforeseen soil distress conditions. CO1.02 accounted for $23,122.20 of the change order. Columbia Heights will fund $8,486.80 and the City will fund $14,635.40 with Minnesota State Aid Street Funds and Street CIP Fund. Modular Block Retaining Wall (CO1.03) As the Contractor was nearing final elevation of the wall, it became apparent that the boulevard slope would require adjustment to match the designed elevation of the wall. Staff determined the best course of action was to direct the Contractor to increase the height by adding another row of block to areas where steep slopes could be mitigated. Property owners benefitted with a flatter slope adjacent to the retaining wall. Staff communicated with adjacent property owners and made available for questions or concerns they had. CO1.03 accounted for $75,297.60 of the change order. Columbia Heights will fund $35,267.40 and the City will fund $40,030.20 with Minesota State Aid Street Funds and Street CIP Fund. Concrete Curb & Gutter Design B618 (CO1.04) Spot removal and replacement of existing concrete curb and gutter is and gutter and surface drainage issues that can accelerate roadway deterioration. During construction, staff identified a need for additional spot replacement of concrete curb and gutter to address severely rd damaged sections along 53 Avenue. As directed by staff, the Contractor completed the additional spot curb and gutter replacement with the project. CO1.04 accounted for $14,152.20 of the change order. Columbia Heights will fund $6,550.80 the City will fund $7,601.40 with Minnesota State Aid Street Funds and Street CIP Fund. Six Inch Concrete Driveway Pavement (CO1.05) After the project was awarded and prior to construction, Columbia Heights requested a design change to extend the concrete driveway through the trail to the driveway curb cut rather than a continuous rd bituminous trail for all Columbia Heights private driveways and alleys along the south side of 53 Avenue. In addition to the Columbia Heights requested design change, additional six inch concrete Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 97 Jufn!25/ driveway quantities were required to tie the new concrete driveway from the trail/sidewalk to the existing driveway, to keep the slope of the driveway from being too steep. CO1.05 accounted for $61,392.10 of the change order. Columbia Heights will fund $50,729.70 the City will fund $10,662.40 with Minnesota State Aid Street Funds and Street CIP Fund. Remove & Dispose Eight Inch Steel Gas Main (CO1.06) While excavating for the watermain on the Columbia Heights side for the project, the Contractor found an abandon eight inch steel gas main that needed to be disposed of to install the watermain. The eight inch steel gas main was found on top of where the new watermain will go. CO1.06 accounted for $3,400 of the change order and will be funded by the Columbia Heights. Watermain Crew Lost Time (CO1.07) The watermain installing contractor lost time in the process of replacing the 12 inch gate valve. Staff were unable to turn off surrounding gate valves due to the age of the gate valves and this accumulated to four hours of lost time. CO1.07 accounted for $2,311 of the change order and will be funded with Water Utility Fund. Twelve Inch HDPE Pipe and 45 Degree Coupler Install (CO1.08) Staff determined there was an unexpected pipe discharging into an old catch basin structure that rdth needed to be replaced from the nearby apartment complex at 53 Avenue and 4 Street Staff directed the contractor to extend and connect the pipe to the new catch basin. CO1.08 accounted for $1,459.08 of the change order and will be funded with Storm Water Utility Fund. Adjust Top Section of Storm Structure (CO1.09) There was a design change for the bituminous trail on the rd south side of 53 Avenue. This resulted in catch basin structure needing adjustment. Staff directed the Contractor to adjust the top section of the structure so that local drainage can flow to this structure. CO1.09 accounted for $2,242.37 of the change order and will be funded by Columbia Heights. Fix Damaged Loop Detector Handhole (CO1.10) The project plans required the contractor to adjust handholes to final elevations that were located within the trail/sidewalk. Upon adjusting, the Contractor determined the handholes for the traffic signal loop detectors were damaged and required repairs to keep the system safe and in good standing condition. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 98 Jufn!25/ CO1.10 accounted for $4,895 of the change order and will be funded by Columbia Heights. Restoration (CO1.11) Additional restoration items included fertilizer type three, seeding, seed mix 25-151, and hydraulic bonded fiber matrix. Additional disturb areas occurred due to grading limits were extended to minimize steep slopes from the new trail/sidewalk and retaining walls to the existing property elevations. CO1.11 accounted for $19,261.55 of the change order. Columbia Heights will fund $8,089.85 the City will fund $11,171.70 with Minnesota State Aid Street Funds, Street CIP Fund, and Utility Funds. A majority of the project was constructed in 2023, but because of weather the project is wrapped up for 2023 and will resume in the spring of 2024 to finish the remaining items of the project. Some of the rd remaining work to be completed includes paving the trail section near the 53 Avenue roundabout, rd concrete pedestrian ramps on the south side of 53 Avenue, additional concrete walk, pavement markings, saw and seal the street and restoration. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 99 Jufn!25/ Tabulation Summary Fridley Columbia Heights ITEM NO. DESCRIPTION COST COST TOTAL COST Type SP 9.5 Wear CO1.01 Course Mix Pavement $ 7,348.73 $ 3,674.37 $ 11,023.10 Type SP 12.5 Non Wear CO1.02 Course Mix Pavement $ 14,635.40 $ 8,486.80 $ 23,122.20 Modular Block CO1.03 Retaining Wall $ 40,030.20 $ 35,267.40 $ 75,297.60 Concrete Curb & CO1.04 Gutter Design B618 $ 7,601.40 $ 6,550.80 $ 14,152.20 Six inch Concrete CO1.05 Driveway Pavement $ 10,662.40 $ 50,729.70 $ 61,392.10 Remove & Dispose eight inch Steel CO1.06 Gasmain $ - $ 3,400.00 $ 3,400.00 Watermain Crew Lost CO1.07 Time $ 2,311.00 $ - $ 2,311.00 12" HDPE Pipe and 45 CO1.08 Degree Coupler Install $ 1,459.08 $ - $ 1,459.08 Adjust Top Section of CO1.09 Storm Structure $ 2,242.37 $ 2,242.37 Fix Damaged Loop CO1.10 Detector Handhole $ - $ 4,895.00 $ 4,895.00 CO1.11 Restoration $ 11,171.70 $ 8,089.85 $ 19,261.55 $ 95,219.91 $ 123,336.29 $ 218,556.20 CHANGE ORDER NO. 1 TOTAL = $ 218,556.20 Financial Impact Funding for this project is derived from several sources including the Local Road Improvement Program Grant of $1,250,000, Columbia Heights through a cost-share project Joint Powers Agreement, Municipal State Aid Street funding, special assessments, and Utility CIP funds (water, sanitary sewer, and storm sewer). The amount of this change order exceeds the normal project allowance of 5% but is within budget for the project. Recommendation rd Staff recommends the approval of Resolution No. 2023-158, Approving Change Order No. 1 for 53 Avenue Trail and Walk Improvements Project No. ST2023-21. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 9: Jufn!25/ Focus on Fridley Strategic Alignment x Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2023-158 rd !Change Order No. 1 for 53 Avenue Trail and Walk Improvements Project No. ST2023-21 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. :1 Jufn!25/ Resolution No. 2023-158 rd Approving Change Order No. 1 for 53 Avenue Trail and Walk Improvements Project No. ST2023-21 rd Whereas, the 53 Avenue Trail and Improvements Project (Project) included street rehabilitation on 53rd Avenue from Main Street to Trunk Highway 65 (Central Avenue), installation of a new bituminous trail on the south side of 53rd Avenue from Main Street (CSAH 102) to Central Avenue (Trunk Highway 65), and installation of a concrete sidewalk on the north side of 53rd Avenue from Trunk Highway 47 (University Avenue) to Monroe Street as part of the City) regular street maintenance program under a contract with Park Construction Company of Spring Lake Park, MN (Contractor); and Whereas, the Project was funded by Local Road Improvement Program (LRIP) grant, the City of Columbia Heights through a cost-share project Joint Powers Agreement, State Aid Street funding, utility enterprise funds and special assessments; and Whereas, staff directed the Contractor for the changes to the Project quantities and items that are incorporated into this change order; and Whereas, additional work was desired by the City that modified the original contract from $1,776,297.26 to $1,994,853.46 (a 12.3% increase). Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves Approval rd of Change Order No. 1 for the 53 Avenue Trail and Improvements Project ST2023-21 in the amount of $218,556.20. Passed and adopted by the City Council of the City of Fridley this 18th day of December, 2023. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk :2 Jufn!25/ PublicWorksDepartment Streets ¤ Parks ¤ Water ¤ Sewer ¤ Stormwater ¤ Fleet ¤ Facilities¤ Engineering 11-Dec-23 Park Construction Company 1481 81st Ave NE Minneapolis, MN 55432 SUBJECT : Change Order No. 1 53rd Avenue Trail and Walk Improvements Project No. ST2023-21 You are hereby ordered, authorized, and instructed to modify your contract for the above referenced project by including the following items: ITEM NO.UNITSQUANTITYUNIT PRICECOSTDESCRIPTION CO1.01TON121.0091.10Type SP 9.5 Wear Course Mix Pavement$ 11,023.10$ CO1.02TON267.0086.60Type SP 12.5 Non Wear Course Mix Pavement$ 23,122.20$ CO1.03SQ FT1,99237.80Modular Block Retaining Wall$ 75,297.60$ CO1.04LIN FT458.0030.90Concrete Curb & Gutter Design B618$ 14,152.20$ CO1.05SQ YD737.0083.306" Concrete Driveway Pavement$ 61,392.10$ CO1.06LIN FT34010.00Remove & Dispose 8" Steel Gasmain$ 3,400.00$ CO1.07HOUR4.00577.75Watermain Crew Lost Time$ 2,311.00$ CO1.08LS1.001,459.08$ 1,459.08$ 12" HDPE Pipe and 45 Degree Coupler Install CO1.09EACH1.002,242.37Adjust Top Section of Storm Structure$ 2,242.37$ CO1.10LUMP SUM1.004,895.00$ 4,895.00$ Fix Damaged Loop Detector Handhole CO1.11LUMP SUM1.0019,261.55Restoration$ 19,261.55$ CHANGE ORDER NO. 1 TOTAL = 218,556.20$ Original Contract Amount:$1,776,297.26 Prior Change Orders Approved:-$ This Change Order:218,556.20$ 0.0%of Original Contract Amount Proposed Contract Amount:$1,994,853.4612.3%of Original Contract Amount Submitted and approved by James Kosluchar, Director of Public Works, on the 18th Day of December 2023 James P. Kosluchar, Director of Public Works Approved and accepted this th day of , 2023 by Park Construction Company Park Construction Company Representative th day of , 2023 by the City of Fridley Approved and accepted this Scott Lund, Mayor Walter T. Wysopal, City Manager :3 Page 1 of 1 Jufn!26/ AGENDA REPORT Meeting Date:December 18,2023 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Brandon Brodhag, Assistant City Engineer Title Resolution No. 2023-159,Approving a Joint Powers Agreement with Anoka County for the Improvements at the Intersection of County Road 132 and Evergreen Blvd/Springbrook Nature Center Entrance Background The City of Fridley(City)has been cooperatively working with the Anoka County Highway Department to th make safety improvements at the intersection of 85Avenue (County Road 132) and Evergreen Blvd/Springbrook Nature Center. The improvements include construction of a roundabout, roadway th lighting, concrete curb and gutter and storm sewer. Anoka County has jurisdiction over 85Avenue (County Road 132), the City of Coon Rapids(Coon Rapids)has jurisdiction over Evergreen Blvd, and the City has jurisdiction over Springbrook Nature Center driveway. Coordination efforts have been taking place with Anoka County and Coon Rapids. The City, Coon Rapidsand Anoka County hosted an open house on November9, 2022, for the project to receive feedback and input from area residents. Input from the open house was incorporated into Anoka . Staff coordinated with Anoka County about the need to maintain access to Springbrook Nature Center open throughout the entire construction process. Attached is a Joint PowersAgreement between Anoka County and the City. The Joint Powers Agreement -share policy, which designates jurisdictional responsibilities for project elements. The estimated construction cost of the total project is $2,689,537.40. The cost to the City for their share of the construction, roundabout lightingand engineering for the project is $56,833.27. Financial Impact The cost share of $56,833.27isbudgeted in the Capital Investment Plan and funded by the Street CIP. Recommendation Resolution No. 2023-159, Approving a Joint Powers Agreement with Anoka County for the Improvements at the Intersection of County Road 132 and Evergreen Blvd/Springbrook Nature Center Entrance. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. :4 Jufn!26/ 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. 2023-159 !Joint Powers Agreement with Anoka County Contract No. C0009889 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. :5 Jufn!26/ Resolution No. 2023-159 Approving a Joint Powers Agreement with Anoka County for the Improvements at the Intersection of County Road 132 and Evergreen Blvd/Springbrook Nature Center Entrance Whereas, Anoka County and the City of Fridley (City) share a common goal to improve safety of roadways in the City; and Whereas, Minnesota Statute § 471.59 provides for the joint exercise of common or similar powers by government units and also provides that any one governmental unit may perform on behalf of another government unit any service or function which that unit would be authorized to perform for itself; and Whereas, Anoka County recognized the need for safety improvements at the intersection of County th Road 132 (85 Avenue NE) at Evergreen Blvd/Springbrook Nature Center entrance; and th Whereas, the proposed project at the intersection of County Road 132 (85 Avenue NE) at Evergreen Blvd/Springbrook Nature Center will reconfigure the intersection to include a roundabout and pedestrian safety elements (Project); and Whereas, the conceptual improvements that are to be included in the Project have been developed with input from the City; and Whereas, in accordance with the Anoka County cost share policy, the City is responsible for a share of the construction, roundabout lighting and engineering costs of the Project as stipulated in the agreement. Now, therefore it be resolved, that the City Council of the City of Fridley hereby approves the attached Joint Powers Agreement with Anoka County for the Improvements at the Intersection of County Road 132 and Evergreen Blvd/Springbrook Nature Center Entrance. th Passed and adopted by the City Council of the City of Fridley this 18 day of December, 2023. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk :6 Jufn!26/ Anoka County Contract No. C0009889 JOINT POWERS AGREEMENT FOR IMPROVEMENTS AT THE INTERSECTION OF COUNTY ROAD 132 AND EVERGREEN BLVD IN THE CITY OF FRIDLEY, MN (C.P. 20-23-132) (S.A.P. 127-080-001) THIS AGREEMENT is made by the parties on the last date executed below, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County", and the City of Fridley, 7071 University Ave, NE, Fridley, MN 55432, hereinafter referred to as "City". WITNESSETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to th reconstruct County Road (CR) 132 (85 Avenue NW) at Evergreen Boulevard and, WHEREAS, said parties mutually agree that CR 132 at Evergreen Boulevard is in need of reconstruction; and, WHEREAS, the County has prepared preliminary design plans for the reconstruction of CR 132 at Evergreen Boulevard in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, Anoka County has jurisdiction over CR 132, City of Coon Rapids has jurisdiction over Evergreen Blvd., and the City of Fridley has jurisdiction over Springbrook Nature Center driveway and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minn. Stat. § 471.59 authorizes government entities and political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of reconstructing the roadway, drainage, trail, as well as other utilities on CR 132 and Evergreen Blvd, including the Springbrook Nature Center driveway; as described in the preliminary design plans (hereinafter collectively the ÐProjectÑ). The County Project numbers for the reconstruction are stated in the caption above. Said engineering plans are filed in the office of the Anoka County Highway Department and incorporated herein by reference. The parties to this Joint Powers Agreement (JPA) agree in principle that the Project is in the best interest of the traveling public and that the Preliminary Layout as shown in Exhibit ÐAÑ defines the preliminary design of the Project. All exhibits referenced or attached to this JPA are incorporated and made part of this Agreement. 1 :7 Jufn!26/ Anoka County Contract No. C0009889 It is agreed that the Exhibit ÐAÑ Preliminary Layout dated May 2023 has been reviewed and accepted by the parties and is suitable for preparation of final construction documents. Any significant changes made hereafter to the design as presented in the Exhibit ÐAÑ Preliminary Layout will require approval by the parties as an amendment to this JPA. These same changes will require a change in the cost share to include any additional design engineering costs that may occur. II. METHOD The County shall cause the construction of the Project. IMPROVEMENTS: It is agreed by the parties that in 2024, the intersection of CR 132 and Evergreen Blvd will be reconstructed as a roundabout to the extent shown in ÐExhibit AÑ. Improvements include, but are not limited to: roundabout construction, roadway lighting, concrete curb and gutter, and storm sewer. INTERSECTIONS: As agreed by the parties, improvements to the following intersections have been incorporated in the Exhibit ÐAÑ Preliminary Layout design: CR 132 / Evergreen Blvd : Roundabout RIGHT OF WAY: The parties agree that the County will acquire all necessary right-of-way and easements for the Project. Acquisition of any additional right-of-way and/or easements needed for improvements to the City street intersections beyond what is defined in the Exhibit ÐAÑ Preliminary Layout will be the responsibility of the City. It is agreed by the parties that all necessary right of way and easements will be in legal possession of the County prior to acceptance of bids for the project. Any City owned property or easements required for the construction will be conveyed to the County at no cost. DRAINAGE: The City shall pay for a percentage of the cost of the storm sewer system. The City portion of the cost is based on contributing flow through the storm sewer system determined by the product of contributing area and runoff coefficient. SIDEWALK: The parties agree that the construction of the sidewalk on the south side of CR 132 is responsibility of City and the County will be responsible for the local match where a sidewalk currently exists. This sidewalk location has been agreed to by the City. If this location changes in the future, the additional costs associated with this change will be the responsibility of the City. The parties understand that the cost for the sidewalk includes: concrete surfacing, aggregate base, excavation (including muck excavation), borrow material (granular and topsoil), and turf establishment. The parties agree that the County also pays for the design of the sidewalk, the additional right of way 2 :8 Jufn!26/ Anoka County Contract No. C0009889 and easements required to construct the sidewalk at the proper location, and any removal items required to construct the sidewalk. TRAFFIC CONTROL: The parties understand and agree that portions of CR 132/Evergreen Blvd will be closed to thru traffic during construction, but access for local traffic will be maintained during construction. The parties agree and understand the cost share for traffic control for the City shall be a prorated share based on the City Project cost divided by the total Project cost. DRIVEWAYS: The parties agree that all driveways affected (excluding those identified for removal) by the Project will be reconstructed in kind at 100% Project cost with the cost of any upgrades requested by the City, including concrete aprons, to be the sole responsibility of the City. LANDSCAPING/STREETSCAPING: The parties agree that if the City wishes to include landscaping or streetscape features in the project for the roundabout center island, they shall be designed in accordance with Anoka County Highway Department Landscape/Streetscape Guidelines. The City shall supply the signed plans, specifications, and estimated quantities to the County for review and approval. All construction documents must be submitted to the County by July 1, 2024. The total cost of the design as well as the cost for materials and all related construction expenses for said changes will be at the expense of the City. The City shall coordinate with the County regarding scheduling of the construction sequencing for said changes. The City is responsible for the labor to construct these changes. Future maintenance of any landscaping/streetscaping will be the sole responsibility of the City. LIGHTING: The parties agree that the roundabout intersection lighting costs will be shared per the standard County cost share for traffic signals, with the City paying for 17% of the roundabout lighting. If the City would like additional lighting on the Project, this would be 100% City cost. Lighting will be installed in accordance with the City lighting ordinance and will contain LED fixtures wherever possible and provided such lighting is within the budget for the Project. Following the reconstruction, the ongoing roadway lighting maintenance at the CR 132/Evergreen Blvd will be consistent with Anoka County warranted traffic signal maintenance practices, with the City being 100% responsible for all luminaire maintenance, and 100% responsible for the ongoing supply of electrical power for the lighting system. UTILITIES: The parties agree that the Exhibit ÐAÑ Preliminary Layout does not include specific proposed utility locations, as those will be determined during later stages of the design process. The City will be responsible for the design of any sanitary sewer and water main improvements and/or relocations due to road reconstruction, which will be incorporated into the Project bid documents. The cost of the design of these features shall be the responsibility of the City. 3 :9 Jufn!26/ Anoka County Contract No. C0009889 The CityÓs design of any sanitary sewer and water main utilities are to include signed plans, specifications, and estimated quantities (using MnDOT Item Numbers) and cost. PERMITS: The parties agree that the County will secure all necessary permits for this Project. The City agrees to coordinate with the County in securing the permits required by the Coon Creek Watershed District, City permits, as well as any other permits that may be required. The County also requests that the City inform the County of any ordinances or city regulations that affect construction at the time of the signing of this JPA (e.g. setbacks, tree clearing ordinances, or any other city ordinances). III. COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the Ðactual construction costs" and shall be so referred to herein. "Estimated construction costs" are good faith projections of the costs, which will be incurred for this Project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the total Project is $2,689,537.40. The total estimated construction cost to the City is $46,339.38 The total estimated cost to the City for roundabout lighting is $6,786.74 The City participation in construction engineering will be at a rate of eight percent (8%) of their designated construction share of $46,339.38. The estimated cost to the City for construction engineering is $3,707.15. In summary, the total City share of this Project is $50,046.53 (includes construction and construction engineering costs). The total cost to the City is * $56,833.27 ( see summary below). *( $46,339.38 + $3,707.15 + $6,786.74 = $56,833.27 ) Upon award of the contract, the City shall pay to the County, upon written demand by the County, ninety five percent (95%) of its portion of the cost of the Project estimated at $53,991.61. Prior to billing, this estimate will be updated by the County to reflect the actual bid prices as awarded. An updated cost estimate shall be provided to the City at the time of billing. The City's share of the cost of the Project shall include only construction and construction engineering expense and does not include engineering design and administrative expenses incurred by the County. After final completion of the Project, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95%) charged will be made in the form of credit or additional charges to the City's share. Also, the remaining five percent (5%) of the City's portion of the construction costs shall be paid. The County agrees to submit to the City for review final quantities and cost within one year of Project substantial completion. IV. TERM / TERMINATION 4 :: Jufn!26/ Anoka County Contract No. C0009889 This Agreement shall become effective immediately upon execution by all parties, and will remain in effect until the Project and all restoration activities are completed, with exception of the ownership and maintenance provisions within this Agreement which shall continue indefinitely. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and shall be made upon request by either party. Prior to City payment to the County, Anoka County shall provide the City with a copy of all cost participation documents submitted to MnDOT State Aid to assist the City in their application for MSA funding. IX. MAINTENANCE A. Maintenance of the completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), and detention basins (including ponds and their outlet structures and grit chambers/collectors) shall be the sole obligation of the City. B. Maintenance of the sidewalk on the south side of CR 132 shall be the responsibility of the City. The City shall be responsible for general routine maintenance, such as sweeping, clearing, plowing, trash removal and other incidental items. The City shall be responsible for long-term maintenance, such as crack sealing and replacement. C. Maintenance of crosswalk pavement markings shall be the responsibility of the City and the County. The County will be responsible for the maintenance of the crosswalk pavement marking for the crossings at the Roundabout. The City will be responsible for all crosswalk pavement markings for any trail/sidewalk crossings at all City streets. D. The City shall be responsible for the maintenance and up-keep of the center island located within the roundabout. X. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Administrator of Fridley, 7071 University Ave, NE, Fridley, MN 55432, on behalf of the City. XI. INDEMNIFICATION 5 211 Jufn!26/ Anoka County Contract No. C0009889 The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. XII. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. XIII. COUNTERPARTS This Agreement may be executed in any number of counterparts, each one of which shall be deemed to be an original, but all such counterparts together shall constitute one and the same instrument. 6 212 Jufn!26/ Anoka County Contract No. C0009889 IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: COUNTY OF ANOKA CITY OF FRIDLEY By: By: Rhonda Sivarajah Scott Lund County Administrator Mayor Dated: By: Wally Wysopal City Manager Dated: RECOMMENDED FOR APPROVAL: By: By: Joseph J. MacPherson, P.E. Jim Kosluchar Transportation Division Manager Public Works Director/City Engineer Dated: APPROVED AS TO FORM AND EXECUTION: By: By: Christine V. Carney David Brodie Assistant County Attorney City Attorney Dated: 7 213 Jufn!26/ Anoka County Contract No. C0009889 EXHIBIT ÐAÑ Preliminary Layout 8 214 / 6 5 2 ! 1 2 n f u J A EXHIBIT Jufn!26/ Anoka County Contract No. C0009889 EXHIBIT ÐBÑ Cost Distribution Spreadsheet 9 216 / 6 7 2 ! 1 2 n f u J WATER MAIN 1$2,000.006$3,060.005$5,500.001$30,000.00 729$7,290.00 2285$22,850.00 CITY OF COON RAPIDS STORM SEWER 33.75% COUNTY 10.89% FRIDLEY 55.36% COON RAPIDS ROADWAY SAP 127-080-001 CITY OF FRIDLEY EstimatedEstimatedEstimatedEstimatedEstimatedEstimated CP 21-28 ROADWAY CITY OF COON RAPIDS ROADWAY CP 20-23-132 ANOKA COUNTY Page 1P:\\20-23-132 - CR 132 Roundabout\\Documents\\Received\\WSB\\Estimate\\CP20-23-132_EngineerEstimate_95%_REV_2023-12-12.xlsx OPINION OF PROBABLE COST EXHIBIT B PROJECT TOTAL QuantityCostQuantityCostQuantityCostQuantityCostQuantityCostQuantityCost EstimatedEstimatedEstimatedEstimatedEstimatedEstimated STATEMENT OF ESTIMATED QUANTITIES UNIT PRICE FT$2.00188$376.00188$376.00 YD$4.00143$572.00143$572.00 YD$2.507461$18,652.507461$18,652.50 N FT$5.00611$3,055.00611$3,055.00 Q QQ ACRE$4,000.000.2$800.000.2$800.00ACRE$6,000.000.2$1,200.000.2$1,200.00 EACH$35.0023$805.0023$805.00EACH$75.005$375.005$375.00 HOUR$80.0020$1,600.0020$1,600.00HOUR$160.0080$12,800.0080$12,800.00HOUR$140.0040$5,600.0040$5,600.00HOUR$200.0040$8,000.0040$8,000.00 LIN FT$4.0024$96.0024$96.00LIN FT$3.004082$12,246.004082$12,246.00LIN FT$20.00409$8,180.00409$8,180.00LIN FT$10.002285$22,850.00CU YD$12.003202$38,424.003202$38,424.00CU YD$12.002919$35,028.002919$35 ,028.00CU YD$20.003029$60,580.003029$60,580.00CU YD$8.00933$7,464.00933$7,464.00 M GALLON$40.00100$4,000.00100$4,000.00 ))) )))) ))))) 11234 PPPP 111212 (((( (( ((( NOTESUNIT ) )( )( ) CV ( FULL DEPTH ( CLASS 2CU YD$65.00148$9,620.00148$9,620.00 ) )( ) CV CV ( ( FULL DEPTH ( DESCRIPTION STORM ( WITH PICKUP BROOM ( CR 132 (85th Ave) at Evergreen Blvd Intersection ImprovementsAnoka County, Minnesota021204-00012/13/2023 2021.501MOBILIZATIONLUMP SUM$150,000.001$150,000.000.44$66,000.000.02$3,000.000.01$1,500.000.10$15,000.000.43$64,500.002101.505CLEARING2101.505GRUBBING2102.503PAVEMENT MARKING REMOVALLIN FT$1.0014200$14,200.0014200$14,200.002104.502REMOVE PIPE APRONEACH$200.007$1,400.007$1,400.002104.502REMOVE MISCELLANEOUS STRUCTURESEACH$2,000.001$2,000.002104.502REMOVE GATE VALVE & BOXEACH$510.006$3,060.002104.502REMOVE HYDRANTEACH$1,100.005$5,500.002104.502REMOVE DRAINAGE STRUCTUREEACH$300.003$900.003$900.002104.502REMOVE DELINEATOR / MARKEREACH$27.001$27.001$27.002104.502 REMOVE SIGN2104.502SALVAGE SIGN2104.503SAWING CONCRETE PAVEMENT 2104.503SAWING BIT PAVEMENT 2104.503REMOVE PIPE CULVERTSLIN FT$15.00184$2,760.00184$2,760.002104.503REMOVE WATER MAINLIN FT$10.00729$7,290.002104.503REMOVE SEWER PIPE 2104.503REMOVE CURB & GUTTERLI2104.504REMOVE CONCRETE PAVEMENTS2104.504REMOVE BITUMINOUS PAVEMENTS2104.518REMOVE CONCRETE MEDIANS2104.603ABANDON WATER MAIN2105.601DEWATERINGLUMP SUM$30,000.001$30,000.002106.507EXCAVATION - COMMON2106.507EXCAVATION - SUBGRADE2106.507SELECT GRANULAR EMBANKMENT 2106.507COMMON EMBANKMENT 2118.507AGGREGATE SURFACING 2123.510COMMON LABORERS2123.510DOZER2123.610STREET SWEEPER 2123.6101.5 CU YD BACKHOE2130.523WATER WSB Project:Project Location:WSB Project No.:Date: ITEM NUMBER / 6 8 2 ! 1 2 n f u J WATER MAIN 1$10,000.009$27,000.005$38,000.002$30,000.001$15,000.007$24,500.005$30,000.00 68$6,936.0020$1,200.0020$2,200.0055$6,325.00 960$240,000.00222$16,650.00240$72,000.00 1400$420,000.003984$71,712.00 CITY OF COON RAPIDS STORM SEWER 3$3,960.001$1,200.002$7,010.001$1,000.001$1,000.004$5,000.00 33.75% COUNTY 10.89% FRIDLEY 191$85,950.00636$47,700.00142$11,360.00 55.36% COON RAPIDS ROADWAY SAP 127-080-001 CITY OF FRIDLEY EstimatedEstimatedEstimatedEstimatedEstimatedEstimated CP 21-28 ROADWAY CITY OF COON RAPIDS ROADWAY CP 20-23-132 ANOKA COUNTY Page 2P:\\20-23-132 - CR 132 Roundabout\\Documents\\Received\\WSB\\Estimate\\CP20-23-132_EngineerEstimate_95%_REV_2023-12-12.xlsx OPINION OF PROBABLE COST EXHIBIT B PROJECT TOTAL QuantityCostQuantityCostQuantityCostQuantityCostQuantityCostQuantityCost EstimatedEstimatedEstimatedEstimatedEstimatedEstimated STATEMENT OF ESTIMATED QUANTITIES UNIT PRICE YD$1.759093$15,912.759093$15,912.75 YD$90.001538$138,420.001538$138,420.00 YD$110.00323$35,530.00323$35,530.00 QQQ TON$120.0031$3,720.0031$3,720.00TON$95.00131$12,445.00131$12,445.00TON$100.001611$161,100.001611$161,100.00 EACH$22.0034$748.0034$748.00EACH$7,600.005$38,000.00 SS CU YD$30.0049$1,470.0049$1,470.00LIN FT$250.00960$240,000.00LIN FT$300.001400$420,000.00 )) 56 ( NOTESUNIT )) )( ) ) ) ) 3,B ( 3,C ( 3,C ( ) DRIVEWAYS ( 2.0" ( EPOXY COATED ( BOXEACH$15,000.002$30,000.00BOXEACH$15,000.001$15,000.00 DIRECTIONAL DRILLEDDIRECTIONAL DRILLED DESCRIPTION CLASS 5CU YD$30.001786$53,580.001750$52,500.0036$1,080.00 CLASS 5 (( )) CVCV (( CR 132 (85th Ave) at Evergreen Blvd Intersection ImprovementsAnoka County, Minnesota021204-00012/13/2023 2211.507AGGREGATE BASE 2211.507AGGREGATE BASE 2231.509BITUMINOUS PATCHING MIXTURETON$200.00241$48,200.00241$48,200.002232.504MILL BITUMINOUS SURFACE 2301.504CONCRETE PAVEMENT 7.0"S2301.504CONCRETE PAVEMENT 7.0" SPECIAL2301.6021.25" DOWEL BAREACH$12.001000$12,000.001000$12,000.002301.602DRILL & GROUT REINF BAR 2357.506BITUMINOUS MATERIAL FOR TACK COATGALLON$2.00950$1,900.00950$1,900.002360.509 TYPE SP 9.5 WEARING COURSE MIX 2360.509TYPE SP 12.5 NON WEAR COURSE MIX 2360.509TYPE SP 12.5 WEARING COURSE MIX 2501.50236" GS PIPE APRONEACH$1,380.002$2,760.002$2,760.002501.50215" RC PIPE APRONEACH$1,320.003$3,960.002501.50218" RC PIPE APRONEACH$1,200.001$1,200.002501.50258" SPAN RC PIPE-ARCH APRONEACH$3,505.002$7,010.002501.50336" CS PIPE CULVERTLIN FT$130.0098$12,740.0098$1 2,740.002501.602TRASH GUARD FOR 18" PIPE APRONEACH$1,000.001$1,000.002501.602TRASH GUARD FOR 58" SPAN PIPE APRONEACH$1,000.001$1,000.002503.50358" SPAN RC PIPE-ARCH SEWER CL IIALIN FT$450.00191$85,95 0.002503.50315" RC PIPE SEWER DES 3006 CL VLIN FT$75.00636$47,700.002503.50318" RC PIPE SEWER DES 3006 CL VLIN FT$80.00142$11,360.002503.602CONNECT TO EXISTING STORM SEWEREACH$1,250.004$5,000.002504. 601TEMPORARY WATER SERVICELUMP SUM$10,000.001$10,000.002504.602CONNECT TO EXISTING WATER MAINEACH$3,000.009$27,000.002504.602HYDRANT2504.60216" BUTTERFLY VALVE & 2504.60218" BUTTERFLY VALVE & 2504.6026" GATE VALVE & BOXEACH$3,500.007$24,500.002504.6028" GATE VALVE & BOXEACH$6,000.005$30,000.002504.6036" WATERMAIN DUCTILE IRON CL 52LIN FT$102.0068$6,936.002504.60310" WATERMAIN HDPE 2504.60316" WATERMAIN HDPE 2504.6036" PVC WATERMAINLIN FT$60.0020$1,200.002504.6038" PVC WATERMAINLIN FT$75.00222$16,650.002504.60316" PVC WATERMAINLIN FT$110.0020$2,200.002504.60318" PVC WATERMAINLIN FT$115.0055$6,325.002504.603CIPP WATERMAIN LINERLIN FT$300.00240$72,000.002504.608WATERMAIN FITTINGSPOUND$18.003984$71,712.00 WSB Project:Project Location:WSB Project No.:Date: ITEM NUMBER / 6 9 2 450.00 , ! 1 2 n f u J WATER MAIN CITY OF COON RAPIDS 927.20376.00 350.00,675.00160.00,267.00650.00500.000.43$6 ,,,,,, STORM SEWER 8$640.00 33.75% COUNTY 10.89% FRIDLEY 19$14,250.0051$7 8.9$65.2$46.2$15 181$1 17.0$934.7$26 55.36% COON RAPIDS 808.00348.00008.00 ,,, ROADWAY SAP 127-080-001 CITY OF FRIDLEY EstimatedEstimatedEstimatedEstimatedEstimatedEstimated 060.00468$2 ,948.00120.00191$5105.00008.0024$1 , ,,, CP 21-28 ROADWAY CITY OF COON RAPIDS 832.00 610.002010$12080.00,228.00290$8000.00276.00 ,,963.00268$2,426.0042$966.0020$460.00105.00135$3430.00485.00040.00600.000.02$300.000.01$150.000.10$1750.00280.00,250.00400.00,227.00726.00 ,,,,,,,,,,,,, ROADWAY CP 20-23-132 ANOKA COUNTY Page 3P:\\20-23-132 - CR 132 Roundabout\\Documents\\Received\\WSB\\Estimate\\CP20-23-132_EngineerEstimate_95%_REV_2023-12-12.xlsx 832.004368$104 927.20376.00478.009435$56080.001308$13,696.00651$18000.000.44$6000.00600$27276.009319$37 350.00675.00160.00267.00650.00911.00633$6852.0062$1210.00135$3430.0055$1485.00271$9040.0084$5016.0024$1750.005$3280.0016$1000.000.44$880.000.02$40.000.01$20.000.10$200.000.43$860.00250.0017$4400.007$ 1227.001409$4726.002363$4 ,,,,,,,, ,,,,,,,,,,,,,,,,,,, OPINION OF PROBABLE COST EXHIBIT B PROJECT TOTAL QuantityCostQuantityCostQuantityCostQuantityCostQuantityCostQuantityCost EstimatedEstimatedEstimatedEstimatedEstimatedEstimated STATEMENT OF ESTIMATED QUANTITIES 000.001$15 480.006$15,000.001$2000.001$800.000.8$800.00000.001$800.000.8$800.00 ,,,, UNIT PRICE FT$6.0011913$71 FT$10.001308$13 FT$11.00901$9 FT$42.0048$2 FT$45.00600$27 YD$7.00181$1 YD$60.0084$5 QQQQQ QQ SSSSACRE$1 EACH$750.005$3 LIN FT$24.004368$104LIN FT$26.0055$1 ))))) 86799 ((( NOTESUNIT )()( MODMOD (( DESIGN B612LIN FT$23.00124$2 DESIGN R418LIN FT$35.00271$9 DESCRIPTION TYPE MSLIN FT$4.009319$37 ; NCRETE WALKNCRETE WALK CR 132 (85th Ave) at Evergreen Blvd Intersection ImprovementsAnoka County, Minnesota021204-00012/13/2023 2506.502CASTING ASSEMBLYEACH$750.0019$14,250.002506.502ADJUST FRAME & RING CASTINGEACH$850.006$5,100.006$5,100.002506.503CONST DRAINAGE STRUCTURE DESIGN GLIN FT$550.0017$92506.503CONST DRAINAGE STRUCTURE DESIGN SD-48LIN FT$776.0035$262506.503CONST DRAINAGE STRUCTURE DES 48-4020LIN FT$750.009$62506.503CONST DRAINAGE STRUCTURE DES 60-4020LIN FT$800.005$42506.503CONST DRAINAGE STRUCTURE DES 96-4020LIN FT$22511.504GEOTEXTILE FILTER TYPE 4S2511.507RANDOM RIPRAP CLASS IIICU YD$150.0051$72521.5184" CO2521.5184" CONCRETE WALK SPECIAL2521.5186" CO2531.503CONCRETE CURB & GUTTER DESIGN B418 2531.503CONCRETE CURB & GUTTER DESIGN B424LIN FT$28.001132$312531.503CONCRETE CURB & GUTTER2531.503CONCRETE CURB & GUTTER DESIGN B618LIN FT$23.00270$62531.503CONCRETE CURB & GUTTER DESIGN B618 2531.503CONCRETE CURB & GUTTER2531.5046" CONCRETE DRIVEWAY PAVEMENTS2531.618TRUNCATED DOMESS2545.601TEMPORARY LIGHTING SYSTEMLUMP SUM$35,000.001$35,000.000.5$17,500.000.33$ 11,550.000.17$5,950.002554.502GUIDE POST TYPE BEACH$80.008$640.002563.601TRAFFIC CONTROLLUMP SUM$152564.602INSTALL SIGN2564.602DELINEATOR / MARKER PANELEACH$80.0016$12564.618SIGN2573.501STABILIZED CONSTRUCTION EXITLUMP SUM$22573.502STORM DRAIN INLET PROTECTIONEACH$250.0017$42573.502CULVERT END CONTROLSEACH$200.007$12573.503SILT FENCE2573.503SEDIMENT CONTROL LOG TYPE COMPOSTLIN FT$3.001409$42574.505SOIL BED PREPARATIONACRE$12574.508FERTILIZER TYPE 3POUND$1.00245$245.00245$245.002574.508FERTILIZER TYPE 4POUND$1.0012$12.0012$12.002575.505SEEDING2575.508SEED MIXTURE 25-131POUND$4.0050$200.0050$200.002575.508SEED MIXTURE 35-221POUND$21.0022$462.0022$462.002575.508HYDRAULIC REINFORCED FIBER MATRIXPOUND$2.002363$4 WSB Project:Project Location:WSB Project No.:Date: ITEM NUMBER / 033.00 , 6 : 2 154 !, 1 2 n f $ u J WATER MAIN CITY OF COON RAPIDS 175.20 , $ 1 STORM SEWER 33.75% COUNTY 10.89% FRIDLEY 55.36% COON RAPIDS 244.00 , $ 267 ROADWAY SAP 127-080-001 CITY OF FRIDLEY EstimatedEstimatedEstimatedEstimatedEstimatedEstimated 277.00 , $ 17 CP 21-28 ROADWAY CITY OF COON RAPIDS 808.2049 , 201 , $ $ $ $ $ $ ROADWAY CP 20-23-132 16,059.8015,000.00 ANOKA COUNTY 1,154,033.00 $ 17,244.00 $ 29,095.38$ $ 46,339.38$ 6,786.74$ $ 3,707.15$ $ 56,833.27 Page 4P:\\20-23-132 - CR 132 Roundabout\\Documents\\Received\\WSB\\Estimate\\CP20-23-132_EngineerEstimate_95%_REV_2023-12-12.xlsx 537.40$1 , 90,171.6319,961.00 103,358.38 1,201,808.20 689 TOTALTOTALTOTAL , ANOKA CO.COON RAPIDSFRIDLEY $2 $ 49,277.00$ 147,908.19$ 13,174.26$ 15,774.82 OPINION OF PROBABLE COST - EXHIBIT B 39,922.0016,059.8015,000.00 PROJECT TOTAL 267,175.20122,840.35 1,268,329.201,154,033.002,689,537.40 QuantityCostQuantityCostQuantityCostQuantityCostQuantityCostQuantityCost TOTALS EstimatedEstimatedEstimatedEstimatedEstimatedEstimated PROJECT $ $ $ $ $1,291,979.831,351,218.19$ $ $ $ $ STATEMENT OF ESTIMATED QUANTITIES ) ) n g UNIT PRICE Watermain Desi ( FT$29.0078$2,262.0078$2,262.00 FT$16.00108$1,728.00108$1,728.00 YD$2.002267$4,534.002267$4,534.00 QQ Q LIN FT$1.201234$1,480.801234$1,480.80LIN FT$0.2511089$2,772.2511089$2,772.25LIN FT$1.5013045$19,567.5013045$19,567.50LIN FT$2.00160$320.00160$320.00LIN FT$0.80653$522.40653$522.40LIN FT$20.001007$20,140.001007$20,140.00LIN FT$23.0090$2,070.0090$2,070.00LIN FT$13.0046$598.0046$598.00 )))))))) ROADWAY CONSTRUCTION TOTAL 1010101010101010 ((((((( NOTESUNIT ROADWAYDRAINAGEWATER MAINCONSTRUCTION TOTALLIGHTINGDESIGN ENGINEERING 8% CONSTRUCTION ENGINEERINGCONSTRUCTION ENGINEERING WatermainRIGHT OF WAY PROJECT TOTAL$2,883,359.55$1,415,299.211,411,227.07 )( DESCRIPTION WR ( CR 132 (85th Ave) at Evergreen Blvd Intersection ImprovementsAnoka County, Minnesota021204-00012/13/2023 2575.604ROLLED EROSION PREVENTION CATEGORY 20S2581.503REMOVABLE PREFORM PAVEMENT MARKING TAPE2582.5034" SOLID LINE PAINT 2582.5034" SOLID LINE MULTI COMP2582.5034" BROKEN LINE MULTI COMP2582.5034" DBLE SOLID LINE MULTI COMP2582.5034" SOLID LINE PREF THERMO GR IN2582.50324" SOLID LINE PREF THERMO GR IN2582.5038" DOTTED LINE PREF THERMO GR IN2582.518PAVT MSSG PREF THERMO GR INS2582.518CROSSWALK PREF THERMO GR INS WSB Project:Project Location:WSB Project No.:Date: ITEM NUMBER Jufn!26/ Anoka County Contract No. C0009889 EXHIBIT ÐCÑ FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY ITEMS COUNTY SHARE CITY SHARE Concrete Curb & Gutter 50% 50% Concrete Curb & Gutter for Median and Center Island Construction 100% 0% 1 Concrete Median 100% 0* Concrete Sidewalk 0% 100% Concrete Sidewalk Replacement 100% 0% Bikeways 0% 100% Bikeway Replacement 100%, 0% Unless existing trail not placed at edge of R/W Construction or Adjustment of Local Utilities 0% 100% Grading, Base and Bituminous 100% 0% 22 Storm Sewer based on state aid letter* based on state aid letter* Driveway Upgrades 100%, in-kind 100%, of up-grades Traffic Signals, new (communities larger than 5,000) ½ the cost of its the cost of its legs of w/ State Aid approved SJR legs of the intersection the intersection plus ½ the cost of the County legs of the intersection Traffic Signals, replacement (communities larger than 5,000) t he cost of its legs of the cost of its legs of w/ State Aid approved SJR the intersection the intersection Traffic Signals, new & replacements (communities less than 5,000) 100% 0% w/ State Aid approved SJR Traffic Signal, w/o State Aid approved SJR 0% 100% EVP 0% 100% 33 Engineering Services * * *4 Right-of-Way 100% 0% Street Lights 0% 100% *5*5 Noise Walls 100%, if not previously notified 100%, if previously notified *1 The County pays for 100% of Standard Median Design such as plain concrete. If a local unit of government requests decorative median such as brick, stamped concrete, or landscaping, the local unit will pay the additional cost above the cost of standard median. *2 In the event no State Aid is being used, or in the event the state aid letter does not determine cost split percentages, drainage cost shares will be computed by the proportion of contributing flow outside the County right of way to the total contributing flow. *3 Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amount of 8% of the construction costs paid by that agency. *4 In the event that the Township or City requests purchase of right-of-way in excess of those right-of-ways required by County construction, the Township or City participates to the extent an agreement can be reached in these properties. For instance, a Township or City may request a sidewalk be constructed alongside a County roadway which would require additional right-of-way, in which case the Township or City may pay for that portion of the right-of-way. Acquisition of right-of-way for new alignments shall be the responsibility of the Township or City in which the alignment is located. This provision may be waived by agreement with the County Board if the roadway replaces an existing alignment and the local unit of government takes jurisdiction of that existing alignment. In addition, any costs, including right-of-way costs, incurred by the County because a Township or City did not acquire sufficient right-of-way during the platting process or redevelopment process as requested by the County shall be paid by the Township or City. *5 Notification includes any letter to the agency indicating that noise will potentially be an issue in the future, likely received during the Plat Review Process. Maintenance shall be the responsibility of the agency paying for the initial installation. When the County is the responsible agency, it shall pay 100% of Standard Noise Wall Cost. If a local agency requests decorative noise walls, the requesting agency will pay the additional cost above the cost of standard noise wall. 10 221 Jufn!27/ AGENDA REPORT Meeting Date:December 18,2023 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Brandon Brodhag, Assistant City Engineer Title Resolution No. 2023-161,Approving a Joint Powers Agreement with The City of Coon Rapids for Lighting and Landscaping Improvements at the Intersection of County Road 132 and Evergreen Boulevard (Springbrook Nature Center Entrance) Background The City of Fridley(City)has been cooperatively working with the Anoka County Highway Department th to make safety improvements at the intersection of 85Avenue (County Road 132) and Evergreen Blvd/Springbrook Nature Center. The improvements include construction of a roundabout, roadway th lighting, concrete curb and gutter, and storm sewer. Anoka County has jurisdiction over 85Avenue (County Road 132), the City of Coon Rapids (Coon Rapids) has jurisdiction over Evergreen Blvd, and the City has jurisdiction over Springbrook Nature Center driveway. Coordination efforts have been taking place with Anoka County and Coon Rapids. The City and Coon Rapids are recommending approval of individual Joint Powers Agreements with Anoka County. In their respective agreements, lighting, landscaping, and water main improvements are identified as local costs. The attached Joint Powers Agreement between the two cities identifies responsibilities for construction and maintenance of these elements. Coon Rapids will be responsible for construction of lighting improvements and power for the lighting system, which will extend from their existing system on Evergreen Boulevard. Their contract with Xcel Energy for maintenance of this system will expire in 25 years. At that time, each city will share equally in reconstruction and/or maintenance of the lighting system. The City will be responsible for designing and constructing landscaping improvements in the center median, along with future maintenance of the landscaping. This is intended to be completed with staff, similar to the Gardena Ave and Central Ave roundabout completed earlier this year and will be of similar character to that center median. Coon Rapids will be replacing water main along the corridor, and the City has requested replacement of water service piping for Springbrook Nature Center. This will avoid emergency repair of the existing Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 222 Jufn!27/ service, and also assign future maintenance responsibility of the service within the right-of-way as Coon Rapids responsibility. Financial Impact Funding for this project is allocated in the 2024-2028 Capital Investment Plan. Recommendation Staff recommends the approval of Resolution No. 2023-161, Approve a Joint Powers Agreement with the City of Coon Rapids for Lighting and Landscaping Improvements at the Intersection of County Road 132 and Evergreen Blvd/Springbrook Nature Center Entrance. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2023-161 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 223 Jufn!27/ Resolution No. 2023-161 Approving a Joint Powers Agreement with the City of Coon Rapids for Lighting and Landscaping Improvements at the Intersection of County Road 132 and Evergreen Blvd/Springbrook Nature Center Entrance Whereas, the City of Fridley (City) and the City of Coon Rapids (Coon Rapids) share a common goal to provide for safety improvements through local agency match funding of an Anoka County intersection improvement project at County Road 132 and Evergreen Boulevard (Springbrook Nature Center Entrance); and Whereas, Minnesota Statute § 471.59 provides for the joint exercise of common or similar powers by government units and also provides that any one governmental unit may perform on behalf of another government unit any service or function which that unit would be authorized to perform for itself; and Whereas, Anoka County recognized the need for safety improvements at the intersection of County th Road 132 (85 Avenue NE) at Evergreen Boulevard; and th Whereas, the proposed project at the intersection of County Road 132 (85 Avenue NE) at Evergreen Boulevard will reconfigure the intersection to include a roundabout and pedestrian safety elements, (Project); and Whereas, the conceptual improvements that are to be included in the Project have been developed with input from the City and Coon Rapids; and Whereas, the Project will require maintenance of lighting and are desired to have a landscaped central median-both of which are to be funded collectively by the City and Coon Rapids. Now, therefore it be resolved, that the City Council of the City of Fridley hereby approves the attached Joint Powers Agreement with the City of Coon Rapids and the City of Fridley for the Improvements at the Intersection of County Road 132 and Evergreen Boulevard. th Passed and adopted by the City Council of the City of Fridley this 18 day of December, 2023. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 224 Jufn!27/ JOINT POWERS AGREEMENT BETWEEN THE CITIES OF COON RAPIDS AND FRIDLEY FOR LIGHTING AND LANDSCAPING IMPROVEMENTS AT THE INTERSECTION OF COUNTY ROAD 132 AND EVERGREEN BLVD ON THE BORDER OF THE CITY OF COON RAPIDS AND THE CITY OF FRIDLEY, MN THIS AGREEMENT, made and entered into this __ day of _______, 2023, by and between the /źƷǤ ƚŅ /ƚƚƓ wğƦźķƭͲ aźƓƓĻƭƚƷğͲ ğ ƒǒƓźĭźƦğƌ ĭƚƩƦƚƩğƷźƚƓ ΛŷĻƩĻźƓğŅƷĻƩ ͻ/ƚƚƓ wğƦźķƭͼΜͲ ğƓķ ƷŷĻ /źƷǤ ƚŅ CƩźķƌĻǤͲ aźƓƓĻƭƚƷğͲ ğ ƒǒƓźĭźƦğƌ ĭƚƩƦƚƩğƷźƚƓ ΛŷĻƩĻźƓğŅƷĻƩ ͻCƩźķƌĻǤͼΜ͵ WHEREAS, Coon Rapids and Fridley share a common boundary and desire to participate in th ğƓ !ƓƚƉğ /ƚǒƓƷǤ ΛŷĻƩĻźƓğŅƷĻƩ ͻ/ƚǒƓƷǤͼΜ źƒƦƩƚǝĻƒĻƓƷ ƦƩƚƆĻĭƷ ƚƓ /ƚǒƓƷǤ wƚğķ ЊЌЋ ΛБЎ Avenue) at 9ǝĻƩŭƩĻĻƓ .ƚǒƌĻǝğƩķ ΛŷĻƩĻźƓğŅƷĻƩ ĭƚƌƌĻĭƷźǝĻƌǤ ƷŷĻ ͻtƩƚƆĻĭƷͼΜͳ ğƓķͲ ‘I9w9!{Ͳ ƷŷĻ /ƚǒƓƷǤ͸ƭ ƦƌğƓƓĻķ źƒƦƩƚǝĻƒĻƓƷƭ źƓ /ƚƚƓ wğƦźķƭ ğƓķ CƩźķƌĻǤ ƷŷğƷ ğƩĻ Ʒƚ ĬĻ included in the Project are depicted in the attached Exhibit A to this Agreement; and, WHEREAS, Coon Rapids and Fridley are entering into separate Joint Powers Agreements with the County relating to the overall project improvements including project development, easement acquisition, preliminary and final engineering, permitting, administration, construction, inspection, testing, documentation, and all other cost and work items included in Exhibit A; and, WHEREAS, Minn. Stat. § 471.59 provides for the joint exercise of common or similar powers by government units and also provides that any one governmental unit may perform on behalf of another government unit any service or function which that unit would be authorized to perform for itself; and, WHEREAS, Coon Rapids and Fridley agree to share costs and future maintenance relating to 1) intersection lighting, 2) roundabout landscaping, and 3) water service replacement as part of the County led project in accordance with the terms of this Agreement; and NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: SECTION A PROJECT SUMMARY 1. The improvements and funding for the project shall be provided and constructed in ğĭĭƚƩķğƓĭĻ ǞźƷŷ ƷŷĻ ƷĻƩƒƭ ƚŅ Ʒŷźƭ WƚźƓƷ tƚǞĻƩƭ !ŭƩĻĻƒĻƓƷͲ ğƓķ Ļğĭŷ /źƷǤ͸ƭ źƓķźǝźķǒğƌ ğŭƩĻĻƒĻƓƷ with Anoka County for this project. 2. Coon Rapids agrees to be the lead local agency with regard to intersection lighting and shall coordinate extension of its existing lighting system on Evergreen Boulevard with Xcel Energy. The lighting system shall be of complimentary character to the existing Evergreen Boulevard system and ƭŷğƌƌ ƒĻĻƷ ƷŷĻ /ƚǒƓƷǤ͸ƭ ƩĻƨǒźƩĻƒĻƓƷƭ ŅƚƩ ƌźŭŷƷźƓŭ ƚŅ ƷŷĻ źƓƷĻƩƭĻĭƷźƚƓ͵ 225 Jufn!27/ 3. Fridley agrees to be the lead local agency with regard to intersection median landscaping improvements and shall coordinate installation of landscaping in the center island of the proposed roundabout, similar in character to the landscaping installed at its project on Gardena Ave and Central Ave NE. The landscaping will not require an irrigation system. 4. Plans and specifications shall be developed by the County and further by each local agency for lighting and landscaping as necessary. Plans will be approved by County, Coon Rapids, and Fridley prior to bidding and/or construction. 5. Bidding, Construction Engineering, Contract Administration, Permitting, Agency Submittals, Staking, and Contract and Construction Management shall be performed by County and each local agency as necessary to complete lighting and landscaping improvements. SECTION B COST ALLOCATION 1. Lighting System Costs Coon Rapids will be responsible for local costs for construction of the lighting system, including permitting, construction observation, and coordination not covered by County. 2. Landscaping Costs Fridley will be responsible for local costs relating to design and construction of the center island landscaping including permitting. 3. Water Service Replacement Costs Fridley will be responsible for the costs associated with replacement of the 6-inch water th service line below 85 Avenue as well as a new gate valve both providing service to Springbrook Nature Center. This work shall be included as part of the watermain replacements in the County project. SECTION C COST REIMBURSEMENT 1. Neither Coon Rapids nor Fridley will request reimbursement from the other party related to their implementation of lighting and landscaping for this project. The City of Coon Rapids shall request reimbursement from Fridley for the water service replacement costs related to Springbrook Nature Center. SECTION D MAINTENANCE RESPONSIBILITIES 2 226 Jufn!27/ 1. Maintenance and upkeep of the lighting system will be the responsibility of Coon Rapids for the lighting system through agreement with Xcel Energy through the initial 25-year period after installation. Coon Rapids will pay the costs of power for the lighting system. 2. After the initial 25-year life of the lighting system maintenance agreement sunsets, Coon Rapids and Fridley will equally share the cost of maintenance, upkeep, and reconstruction of the lighting system. Coon Rapids will coordinate all maintenance, upkeep, and reconstruction with notice to Fridley, and will invoice Fridley for its share of costs for the lighting system maintenance, upkeep, and reconstruction. 3. Maintenance and upkeep of the landscaping in a reasonable and aesthetically pleasing fashion free of weeds and other nuisance vegetation, debris, and litter shall be the responsibility of Fridley. 4. Maintenance of the 6-inch water service line serving Springbrook Nature Center shall be the reasonability of the City of Coon Rapids up to and including the new gate valve installed th under the County project along 85 Avenue. Maintenance from the new gate valve installed th adjacent to 85 Avenue to the Nature Center building shall be the responsibility of the City of Fridley. SECTION E MISCELLANEOUS PROVISIONS 1. Compliance with Laws. The parties agree to comply with all laws, ordinances and regulations of Minnesota applicable to this Agreement and the construction of the Improvements. This Agreement shall be construed and enforced according to the laws of Minnesota. 2. Indemnification. Each party will be responsible for claims and damages resulting from the acts, errors and omissions of its officers, employees and agents and will defend and indemnify the other party for any such claims; provided, however, that nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which either party is entitled under Minnesota Statutes, Chapter 466, or otherwise. 3. Notices. Any notices or correspondence required to be given under this Agreement or any statute or ordinance shall be in writing and shall be deemed to be given if delivered personally or mailed postage-prepaid by certified mail, return receipt requested: a. As to Coon Rapids: City of Coon Rapids 11155 Robinson Drive Coon Rapids, MN 55433 ATTN: City Manager 3 227 Jufn!27/ b. As to Fridley City of Fridley 7071 University Avenue NE, Fridley, MN 55432 ATTN: City Manager or at such other address as either party may, from time to time, notify the other in writing in accordance with this paragraph. 4. Severability. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 5. Nonwaiver. If either party waives any default or non-performance by the other party in writing, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 6. Preamble and Recitals. The preamble and recitals set forth on page one of this Agreement are incorporated into and made a part of this Agreement. 7. Paragraph and Section Headings. The paragraph and section headings used in this Agreement have no legal significance and are used solely for convenience of reference. 8. Entire Agreement. This Agreement and its Exhibits attached hereto, if any, evidence the entire agreement between the parties relating to the subject matter addressed herein and supersedes all other prior agreements and understandings, written or oral, between the parties. 9. Amendment. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto or their successors. 10. Contract Administration. To the degree permitted by state law, Fridley designates Coon Rapids as its representative authorized to act on behalf of Fridley with respect to street lighting and water service replacement associated with this Agreement. To the degree permitted by state law, Coon Rapids designates Fridley as its representative authorized to act on behalf of Coon Rapids with respect to landscaping associated with this Agreement. 11. Limitations. This Agreement is not intended to and shall not create rights of any character whatsoever in favor of any person, corporation, association or entity other than the parties to this Agreement and their successors and assigns, and the obligations herein assumed are solely for the use and benefit of the parties to this Agreement and their successors and assigns. 4 228 Jufn!27/ 12. Non-Assignment. The parties hereto agree that neither party shall assign, sublet, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the non-assigning party. 13. Counterparts. For the convenience of the parties, any number of counterparts hereof may be executed and each such executed counterpart shall be deemed an original, but all such counterparts together shall constitute one in the same Agreement. 14. Data Practices. Data provided to either party or received from either party under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 15. Termination. This Agreement shall not terminate other than through an amendment or superseding agreement of the two parties. \[The remainder of this page is intentionally blank.\] 5 229 Jufn!27/ IN TESTIMONY WHEREOF, the City of Coon Rapids has caused this Agreement to be executed the day and year first above written. CITY OF COON RAPIDS By: _______________________________________ Jerry Koch, Mayor By: _______________________________________ Matt Stemwedel, City Manager IN TESTIMONY WHEREOF, the City of Fridley has caused this Agreement to be executed the day and year first above written. CITY OF FRIDLEY By: _______________________________________ Scott Lund, Mayor By: _______________________________________ Wally Wysopal, City Manager 6 22: / 7 1 2 ! 3 2 n f u J A EXHIBIT