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04-08-2024City Council Meeting April 08, 2024 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. FridleyMN.gov/1564/Agenda- Center. Pledge of Allegiance Proclamations/Presentations Proposed Consent Agenda The following items are considered to beroutine 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 March 25, 2024 2.Receive the Minutes from the City Council Conference Meeting of March 25, 2024 New Business 3.Resolution No. 2024-44, Approving a Grant Agreement with the Mississippi Watershed Management Organization for a Hydrodynamic Separator 4.Resolution No. 2024-45, Approving a Grant Agreement with the Rice Creek Watershed District for a Hydrodynamic Separator 5.Resolution No. 2024-46, Approving a Grant Agreement with the Mississippi Watershed Management Organization for Stormwater Improvements at Sylvan Hills Park Licenses 6.Resolution No. 2024-43, Approving a Temporary Intoxicating Liquor Permit for Tim Hoffman of Totino Grace High School for a Fundraising Event on April 27, 2024 Claims 7.Resolution No. 2024-47, Approving Claims for the Period Ending April 8, 2024 2 City Council Meeting 4/8/2024 Agenda Page 2 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) 8. Public Hearing to Consider On-Sale Liquor License by Debesay Girmalul for Continental Restaurant and Resolution No. 2024-42, Approving On-Sale Liquor License for Continental Restaurant New Business 9. Ordinance No. 1421, Public Hearing and First Reading Amending the Name, Boundaries, Powers and Construction of Government Chapter of the Fridley City Charter 10. Ordinance No. 1422, Amending the Fridley City Code Chapter 105, Commissions, to Establish a Public Arts Commission Informal Status Reports Adjournment 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. 3 CITY COUNCIL MEETING 11111111, April 8, 2024 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. Name Email Phone Item No. Jufn!2/ AGENDA REPORT Meeting Date:April 8, 2024 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting of March 25, 2024 Background Attached are the minutes from the City Council meeting of March 25, 2024. Financial Impact None. Recommendation Staff recommend the approval of the minutes from the City Council meeting of March 25, 2024. 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 March 25, 2024 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!2/ City Council Meeting March 25,2024 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Mayor Lund called the City Council Meeting of March 25,2024, to order at 7:00 p.m. Present Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Ryan Evanson Councilmember Ann Bolkcom Absent Others Present Walter Wysopal, City Manager Jim Kosluchar, Public Works Director Scott Hickok, Community Development Director Pledge Of Allegiance Proclamations/Presentations Approval of Proposed Consent Agenda Motion made by CouncilmemberBolkcomto adopt the proposed Consent Agenda.Seconded by CouncilmemberTillberry. 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 March 11,2024. 2.Receive the Minutes from the Council Workshop Meeting of March 11,2024. New Business 3.Resolution No. 2024-35, Scheduling a Public Hearing on April 8, 2024 on a Proposed Amendment to the Fridley City Charter Chapter 1 Name, Boundaries, Powers and Construction of Government, and Directing Publication of the Text of Ordinance No. 1421 in Full. 5 Jufn!2/ City Council Meeting 3/25/2024 Minutes Page 2 4. Resolution No 2024-36, Approving Minnesota Department of Natural Resources Outdoor Recreation Grant Application for Commons Park Splash Pad. 5. Resolution No. 2024-40, Approving Gifts, Donations and Sponsorships Received Between February 15, 2024 and March 15, 2024. 6. Resolution No. 2024-14, Approving and Authorizing the Signing of a Settlement Agreement Between the City of Fridley and Stephen A. Ling and Stephanie Ling. Licenses 7. Resolution No. 2024-37, Approving Fridley Historical Society Gambling Permit. Claims 8. Resolution No. 2024-39, Approving Claims for the Period Ending March 20, 2024. Open Forum, Visitors: (Consideration of Items not on Agenda 15 minutes.) Dan Carlson commented on a cult his son was involved in located in Missouri which has ties to roofing companies in Minnesota. He said he has had a hard time getting an attorney on this issue but believes that prosecution should be pursued. Mayor Lund suggested that staff reach out in an attempt to find out more information and the proper way to handle this matter. 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 9. Resolution No. 2024-38, Approving an Amendment to the 2024 Street Rehabilitation Project No. ST2024-01 Feasibility Report to Address Traffic Calming Measures Along and Adjacent to Channel Road. Jim Kosluchar, Public Works Director, reviewed background information and noted that this item is related to traffic calming. It could be a standalone project or occur with the road project. He reviewed information on public engagement as well as traffic speeds and volumes. He provided more information on the potential traffic calming for Channel Road and noted that those concepts were 6 Jufn!2/ City Council Meeting 3/25/2024 Minutes Page 3 presented at the public open house. He also provided a ranking for the options provided by the public. He stated that staff discussed the feedback with Council, and the speed humps and traffic circle were deemed feasible. Accordingly, staff is working on preliminary design to incorporate one, or both, of the elements. He noted an estimated cost of $25,000 to add both elements and noted that funding is available as $30,000 had been budgeted for traffic safety upgrades in 2024. Staff recommend approval of the resolution as presented. Councilmember Bolkcom thanked staff and the public for working together to get to this point. Mayor Lund commented that this is not a large amount of money for something that will hopefully benefit the neighborhood. He believed that the University should be involved in the funding as that is the main source of traffic issues in this area. Mr. Kosluchar commented that while efforts to improve the situation have taken a while, he does believe there is progress being made to reduce the concentration of traffic. He preferred to fund these improvements as proposed, noting the traffic data collected. Motion made by Councilmember Evanson to adopt Resolution No. 2024-38, Approving Amendment to the 2024 Street Rehabilitation Project No. ST2024-01 Feasibility Report to Address Traffic Calming Measures Along and Adjacent to Channel Road. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Informal Status Reports Councilmember Tillberry reminded residents of the upcoming Springbrook fundraiser that will be held on April 6. Councilmember Bolkcom referenced a recent fundraiser for Alexandra House, which had a great turnout with many incredible donations. Councilmember Ostwald commented that $200,000 was raised at the event. Adjourn Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously and the meeting adjourned at 7:23 p.m. Respectfully Submitted, Melissa Moore Scott J. Lund City Clerk Mayor 7 Jufn!3/ AGENDA REPORT Meeting Date:April 8, 2024 Meeting Type:City Council Submitted By:Roberta S. Collins, Assistant to the City Manager Title Receive the Minutes from theCity Council Conference Meeting of March 25, 2024 Background Attached are the minutes from the City Council conference meeting of March 25, 2024. Financial Impact Recommendation Receive the minutes from theCity Council conference meeting ofMarch 25, 2024. 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 March 25, 2024 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 8 Jufn!3/ Council Conference Meeting March 25, 2024 5:00P.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 Jim Kosluchar, Public Works Director Joe Starks, Finance Director Mike Maher, Parks & Recreation Director Melissa Moore, City Clerk Danielle Herrick, City Manager Intern Nick Schmidt, Engineering Project Manager Items for Discussion 1.Proposed Councilmember Onboarding Manual. Danielle Herrick, City Manager Intern, presented the draft Councilmember Onboarding Manual. Council had questions regarding holding informal listening sessions that often help clarify social media confusion. 2. Park System Improvement Plan Budget and Commons Park Update. Jim Kosluchar, Public Works Director, and Mike Maher, Parks & Recreation Director, provided an update on the plan and provided an update on the Commons Park project. 3.State Legislative Concerns. Scott Hickok discussed several housing bills the State legislature was working on that are concerning to the City. 9 Jufn!4/ AGENDA REPORT Meeting Date:April8, 2024 Meeting Type:City Council Submitted By:James Kosluchar, Director of Public Works and Engineering Brandon Brodhag, Assistant City Engineer Carl Lind, GraduateEngineer Rachel Workin, Environmental Planner Title Resolution No. 2024-44,Approving a Grant Agreement with the Mississippi Watershed Management Organization for a Hydrodynamic Separator Background The 2024 Street Project (ST2024-01) is scheduled to occur during the 2024 construction season as outlined in the Cityapproved 2024-2028 Capital Investment Program approved feasibility studyidentified potential stormwater improvements that could occur within the scope of the project. One recommendation was to install a hydrodynamic separatorwithin the storm sewer system along Buchanan Street. The City installed a similardevice, which uses gravity to remove pollutants from stormwater runoff, within Project ST2022-01. Modeling indicates that the hydrodynamic separator will remove 1.0 pound of Total Phosphorus and 366 pounds of Total Suspended Solids per yearfrom stormwater before it entersSullivan Lakeand subsequently the Mississippi River. The City submitted a Capital Project Grant Application to the Mississippi Watershed Management Organization (MWMO) to fund the installation of the structure and was awarded $64,000.The City has also been awarded grant funding from the Rice Creek Watershed District for the installation of a hydrodynamic separator on Channel Road as part of this same road project. Financial Impact Thegrant award of $64,000 is expected to cover the full cost of installation of the structure. The City will be responsible for ongoing maintenance of the hydrodynamic separator. Recommendation Staff recommend the approval of Resolution No. 2024-44, Approving a Grant Agreement with the Mississippi Watershed Management Organization for a Hydrodynamic Separator. 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. : Jufn!4/ Attachments and Other Resources !Resolution No. 2024-44, Approving a Grant Agreement with the Mississippi Watershed Management Organization for a Hydrodynamic Separator !Grant Agreement with the Mississippi Watershed Management Organization Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 21 Jufn!4/ Resolution No. 2024-44 Approving a Grant Agreement with the Mississippi Watershed Management Organization for a Hydrodynamic Separator 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, mwater best management to their highest intended use; and Whereas, the Feasibility Study for ST2024-01 identified the placement of a hydrodynamic separator at Buchanan Street as a potential stormwater improvement; and Whereas, the City submitted a Capital Project Grant to the Mississippi Watershed Management Organization for funding for the installation of the hydrodynamic separator; and Whereas, the Mississippi Watershed Management Organization awarded the City grant funding of $64,000 to install the hydrodynamic separator at Buchanan Street. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the grant agreement with the Mississippi Watershed Management Organization for the installation of a hydrodynamic separator at Buchanan Street within Project ST2024-01. th Passed and adopted by the City Council of the City of Fridley this 8 day of April, 2024. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 22 Jufn!4/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital ProjectGrantAgreement #2022417 MEMBER CAPITAL PROJECT GRANT AGREEMENT Project Title City of Fridley Hydrodynamic Separator for Sullivan Lake Grant Funds (Total Amount – $64,000 Not to Exceed) Grantee City of Fridley Grantee Address 7071 University Avenue NE Fridley, MN 55432 Grantee Project Manager Brandon Brodhag Grantee Phone763-238-8086 Grantee Email Brandon.brodhag@fridleymn.gov Project CompletionOctober 31, 2024 Date Minimum Project 20 years Maintenance Period MWMO Project Emmy Baskerville Doeckel Manager MWMO Project ebaskerville@mwmo.org Manager Contact 612-746-4989 Direct Information Effective Date March 31, 2024 This Member Capital Project Grant Agreement (“Agreement”) is entered into by andbetween the Mississippi Watershed Management Organization, a Minnesota joint powers entity, (“MWMO”) and the above-named grantee (“Grantee”). MWMO and Grantee may hereinafter be referred to individually as a “party” or collectively as the “parties.” The information set out above is made part of this Agreement and may be referred to herein by the indicated labels. RECITALS A.MWMOis a joint powers watershed management organization created pursuant to Minnesota Statutes, sections 103B.201 to 103B.252, the Metropolitan Surface Water Management Act (“Act”). B.MWMOconducts programs and projects to meet its obligations under the Act and the rules adopted pursuant to the Act. 1 Grant Project No. 2022417 23 Jufn!4/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital ProjectGrantAgreement #2022417 C. Grantee is a member community of MWMO and, together with the other member communities, is committed to carrying out projects in furtherance of MWMO’s plan and goals. D. MWMOhas selected and approved a request received from Grantee for funding to implement the proposed program or project named above (“Project”) within the boundaries of MWMO. The agreed upon outcomes and methods for the Project are described in the final deliverables section of the attached Exhibit A. E.MWMOhas determined the Project proposed by Grantee will further the implementation of the comprehensive watershed management plan of MWMO. F.The parties desire to enter into this Agreement to set out the terms and conditions of a grant provided by MWMO to Grantee to complete the Project. AGREEMENT In consideration of the covenants and agreements contained herein, and intending to be legally bound, the parties hereby agree as follows: 1. Grant. MWMO agrees toprovide Grantee a grant up to the total amount indicated above (“Grant Funds”) conditioned on compliance with the terms and conditions of this Agreement. The Grant Funds shall be provided as a reimbursement of the costs Grantee incurs in carrying out the Project as specified in the attached Exhibit A. MWMO shall retain10% of the total Grant Funds until Grantee verifies completion of all Project components, provides all deliverables, and provides an acceptable operations and maintenance plan. 2. Grant Distribution. MWMO agrees to disburse the Grant Funds to Grantee in accordance with this section. (a) Limits on Grant. MWMO will reimburse Grantee for expenses incurred in the Projectup to the total amount of Grant Funds, which is the maximum amount to be provided under this Agreement. All other costs and expenses incurred by Grantee in completing the work of the Project will be the responsibility of Grantee. Only costs and expenses identified in Exhibit A as “reimbursable” are eligible for reimbursement by MWMO. Administrative costs incurred by Grantee including, but not limited to, compensation and benefits of Grantee staff, are not eligible for reimbursement under this Agreement. MWMOwill not reimburse Grantee for expenses incurred by Grantee that are paid or reimbursed by a grant from another source. (b) Payment Requests.MWMOwill disburse funds to Grantee based on a payment request form provided by MWMO, submitted by Grantee, and approved by MWMO. Payment requests may be submitted no more frequently than once each month and must be accompanied by supporting invoices that relate to activities in the approved Project budget. Upon verification of the adequacy of a written disbursement request and consistency with 2 Grant Project No. 2022417 24 Jufn!4/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital ProjectGrantAgreement #2022417 the terms of this Agreement, MWMOwill disburse the requested amount to Grantee within four weeks after receipt of a written disbursement request. 3. Project Construction. Grantee agrees to undertake and construct the Project in accordance with this section. (a) Approved Plans. Grantee shall construct the Project in accordance with plans and specifications (collectively, the “Plans”) developed for the Project. The Plans shall be consistent with information contained in Exhibit A and must be approved in writing by MWMOExecutive Director or MWMOProject Manager (collectively, the “Executive Director”) prior to commencement of construction. Any alterations tothe Plans and any change orders issued for the Project must be approved in writing by the Executive Director. Any proposed alteration or change order presented to the Executive Director for approval must include the estimated budget impact resulting from the change. (b) Project Schedule. Grantee will complete the Project by the Project Completion Date, but in no case later than the timeline provided in Exhibit A. Failure to complete the Project by the Project Completion Date shall constitute a breach of this Agreement, unless the Executive Director approves an extension of the Project Completion Date in writing. (c) Contractors. If Grantee retains one or more contractors (collectively, the “Contractor”) to construct the Project, Grantee will advertise for bids and award contracts in accordance with the requirements of law. Grantee will award the contract and supervise and administer the Contractor’sconstruction of the Project to ensure it is completed in accordance with Plansand this Agreement. Grantee will require the Contractor to provide all payment and performance bonds required by law. Grantee will require the Contractor to name MWMO as an additional insured on all liability policies required by Grantee and require MWMO be given the same notification of cancellation or non-renewal as is given to Grantee. Grantee will provide MWMO copies of the Contractors’ certificates of insurance upon request. Grantee will require the Contractor to defend, indemnify, protect, and hold harmless MWMO and Grantee, their agents, officers, and employees, from all claims, actions, costs, and expenses, including reasonable attorneys’ fees, arising from negligent acts, errors or omissions of the Contractor. Grantee shall be responsible for supervising the work of the Contractor and ensuring the Project is completed in accordance with the Plans. However, MWMO may observe and review the work of the Project until it is completed. (d) Site Investigation. Grantee shall perform all necessary investigations of the site to determine suitability to construct the Project and to identify any contamination or other conditions that may impact the construction of the Project. Grantee shall not proceed with the Project until all required environmental review and remediation of site contamination is completed or a plan for remediation is approved by the appropriate regulatory agencies. 3 Grant Project No. 2022417 25 Jufn!4/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital ProjectGrantAgreement #2022417 (e) Construction. All work performed by Grantee and its Contractor under to this Agreement must be performed in accordance with the Plans and to the satisfaction of MWMOas determined by the Executive Director. (f) Project Maintenance. Grantee shall be responsible for maintaining the improvements constructed as part of the Project for at least the Minimum Project Maintenance Period. Grantee shall not alter the Project site in any manner that is contrary to the purpose of the Project or its identified outcomes. 4. Grantee Obligations. Grantee shall comply with all of the following with respect to the use of the Grant Funds. (a) Use of Funds. Grantee shall only use the Grant Funds for the eligible costs of the Project as described in Exhibit A. (b) Cost Overruns. Grantee agrees that any cost overruns, as specified in Exhibit A, are the sole responsibility of Grantee. (c) Reporting. Grantee shallsubmit progress reports to MWMOat least every six months on the status of the Project (or as otherwise specified in Exhibit A), using the work plan, timeline, and budget in Exhibit A. A Project close-out meeting with MWMO staff must occur prior tothe Project Completion Date, or as indicated in Exhibit A. (d) Accounting and Record Keeping. Grantee will keep financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures for all expenditures of Grant Funds made pursuant to this Agreement. Accounting methods will be in accordance with generally accepted accounting principles. (e) Capital Equipment and Real Property. The title for any equipment purchased with the Grant Fundsprovided under this Agreement shall be taken in the name of MWMO. The equipment will remain the property of MWMO for its useful life. After the termination of this Agreement the equipment may remain in the custody of Grantee so long as it is used for the purposes of promoting and supporting Grantee’s Project goals. MWMOmay take possession of the equipment at such time as it becomes necessary to use it for MWMO purposes. If real property is acquired or improved with Grant Funds, MWMO may require the recording of such covenants or restrictions on the use and development of the property as MWMO deems necessary and appropriate to ensure the continuing benefit of the Project to the public. (f) Grantor Acknowledgement. Signage, printed materials, publications and presentations related to the Project shall acknowledge the funding provided by MWMO as described in Exhibit A. 4 Grant Project No. 2022417 26 Jufn!4/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital ProjectGrantAgreement #2022417 (g) Subgrantee Obligations. If any portion of the Grant Funds comes from grants provided to MWMO, Granteeagrees to comply with the terms and conditions of the associated grant agreement, including performing the duties of MWMO under the grant agreement as may be needed given Grantee’s role as the entity responsible for constructing and administering the funded Project. 5. Term. This Agreement shall be effective as of the Effective Date indicated above and it shall terminate on the date all obligations have been satisfactorily fulfilled by both parties, or on the Project Completion Date, whichever occurs first. MWMO will not be obligated to reimburse any expenses incurred after the Project Completion Date or to pay any payment requests received more than 90 days after the Project Completion Date. 6. Termination. MWMO may terminate this Agreement for just cause. Just cause includes, but is not necessarily limited to, MWMO, in its reasonable discretion, determining Grantee used Grant Funds for any purpose other than in furtherance of the Project or has otherwise breacheda material term of this Agreement. MWMO shall give Granteeat least 14 days written notice of termination. The notice shall be mailed to the Project Manager at the address indicated in this Agreement. The terminationshall be effective as of the date indicated in the notice, unless the Executive Director determines Grantee has fully cured the breach prior to that date. The following sections and paragraphs survive termination or expiration of this Agreement: Project Maintenance; Indemnification; Audit; Data Practices Act; and Inspection. 7. Independent Contractor. Grantee is in all respects an independent contractor under this Agreement and will be solely responsible for performing the work required hereunder as well as the means and manner of performance thereof. MWMOwill not be an employer, partner or co- venturer with Grantee for any purpose, and will have no responsibility or liability for the acts or omissions of Grantee. Nothing herein authorizes Grantee to act as an agent or representative of MWMO for any purpose. 8. Legal Compliance. Grantee shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and obtain any required permits or permissions, inletting any contracts, constructing the Project, and in otherwise carrying out its obligations under this Agreement. This obligation includes, but is not limited to, complying with the requirements and regulations of The Americans with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minnesota Statutes, chapter 363), Minnesota Statutes, section 181.59, and Title VII of the Civil Rights Act of 1964. This Agreement shall be governed by and construed according to the laws of the State of Minnesota. 9. Indemnification. Grantee agrees to defend, indemnify and hold harmless, MWMO, its officials, officers, agents and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of Grantee, its offices, employers, agents, contractors or subcontractors or anyone directly or indirectly employed by them, or anyone volunteering for them, or anyone for whose acts or omissions they may be liable in the construction of the Project and against all 5 Grant Project No. 2022417 27 Jufn!4/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital ProjectGrantAgreement #2022417 loss by reason of the failure of Grantee to perform fully, in any respect, all obligations under this Agreement. Nothing in this Agreement shall constitute a waiver by either partyof any limits on or exclusions from liability available to them under Minnesota Statutes, chapter 466 or other law. 10. Insurance. Grantee shall secure and maintain such insurance as it deems reasonably necessary to protect the public, MWMO, and Grantee from claims arising out of Grantee’s activities under this Agreement and to fulfill Grantee’s obligations hereunderincluding, but not limited to, the indemnification obligation. 11. MWMO Inspection. Grantee grants MWMOa license to enter the Project site to inspect the Project and its ongoing maintenance at all reasonable times during the term of this Agreement and the Minimum Project Maintenance Period. 12. Data Practices Act. Grantee and MWMO must comply with the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13, as it applies to all data provided by MWMO under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Grantee under this Agreement. If Grantee receives a request to release data referred to in this paragraph, Grantee must immediately notify MWMO. Grantee’s response shall comply with applicable law. 13. Notices. Any notices required under this Agreement shall, with respect to MWMO, be provided to MWMO Project Manager and shall, with respect to Grantee, be provided to the Project Manager. 14. Entire Agreement. This document, including the recitals, exhibits, and any referenced documents (all of which are incorporated in and made part of this Agreement), constitutes the entire agreement between the parties regarding this matter. To the extent that any inconsistency exists between the text of this Agreement and Exhibit A, Exhibit A shall be deemed controlling. 15. Audit. All books, records, documents, and accounting procedures of Grantee related to the Project are subject to examination by MWMO and either the State Auditor or the Legislative Auditor for at least six years after the Project Completion Date. 16. Amendments. No modification, amendment, deletion, or waiver in the terms of this Agreement is valid unless it is in writing and signed by the parties. 17. Assignment. Grantee will neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the Board. Grantee may contract with others, including appropriate local units of government, to complete the work specified in Exhibit A. However, Grantee will continue to be responsible for performance of its obligations under this Agreement notwithstanding contracts with Contractors or an approved assignment to a subgrantee. 6 Grant Project No. 2022417 28 Jufn!4/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital ProjectGrantAgreement #2022417 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, by their duly authorized representatives, effective as of theEffective Dateindicated above. GRANTEE: CITY OF FRIDLEY Signature: Printed Name: Wally Wysopal Email Address: Title: City Manager Date: MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Signature: Printed Name: Randy Stille Email Address: Title: Board Chair Date: and Signature: Printed Name: Kevin Reich Email Address: Title: Executive Director Date: Attachment(s): Exhibit A Exhibit B: Budget 7 Grant Project No. 2022417 29 Jufn!4/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital ProjectGrantAgreement #2022417 Exhibit A: Project Details 8 Grant Project No. 2022417 2: Jufn!4/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Exhibit A to MWMO Capital Project Grant Agreement #2022417 Project Name: City of Fridley Hydrodynamic Separator at Buchanan Street Project Description and Purpose The City of Fridley (City) will install a Hydrodynamic Separator (HDS) within a residential neighborhood at the intersection of Buchanan Street NE, Lincoln Street NE, and 52nd Avenue NE. The purpose of the HDS would be to reduce pollutants reaching Sullivan Lake, which is on the State Impaired Waters list for nutrients, and discharges into the Mississippi River. Stormwater Management and/or Habitat Improvements The Buchanan HDS will treat a 16.2-acre drainage area and is estimated to remove 1.0 pounds per year of Total Phosphorus (TP) and 366 pounds per year of TSS from the stormwater before entering Sullivan Lake, which discharges to the Mississippi River. Scope of Work of Capital Project The MWMO Capital Grant will fund the materials and construction and installation of the hydrodynamic separator and related components. The Grantee agrees that they are solely responsible for the operation and maintenance of the Project and that the Project will be operated and maintained for no less than Minimum Project Maintenance Period established for the Project. The obligation to maintain the Project for the entire period survives the expiration or termination of the grant agreement. If the Project is not maintained for this period of time, MWMO reserves the right to request reimbursement, at a pro rata basis, of expended funds. Deliverables The Grantee will provide the MWMO the following deliverables: 1. Copies of site investigation reports. 2. Final construction documents, including specifications and project cost estimates, in both PDF and executable file formats (CAD, Excel, Word, etc.). All of these documents are included as part of the Plans. 3. Stormwater models, updated to reflect the constructed system. Model file executables and summary outputs (in PDF) should both be provided. 4. Bid package, including final plan set, project specifications, and itemized bid schedule. 5. Final design documents prior to construction for review of applicability to MWMO grant program and consistency with grant application. 6. Pre-Construction, During Construction, and Post-Construction photos (with GPS coordinates and dates, preferred). 7. Regular Project updates throughout the contract period. Project updates should include, at minimum, construction start, installation of stormwater and habitat components, and construction end. Exhibit A Grant Project No. 2022417 31 Jufn!4/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Exhibit A to MWMO Capital Project Grant Agreement #2022417 8. Participation with MWMO staff in development of Education & Outreach materials. At minimum, deliverables will include: a. Funding acknowledgement and MWMO logo b. Participation with MWMO to create physical signage and other educational materials related to the stormwater components. 9. Coordination with MWMO staff for public relations opportunities, including: a. Public communications associated with the project, such as open houses, newsletters, press releases, videos and other communication products. b. Opportunities to capture photos and/or video of construction milestones. 10. Any backup documentation needed for the MWMO to determine reimbursable expenses. 11. Technical memo describing Operations and Maintenance plans and schedule, over the life of the Project, for all stormwater best management practices (ÐBMPsÑ). 12. As-built Drawings related to stormwater BMPs. If designs changed during building process, consultants shall provide updated stormwater performance estimates (including modeling files) to reflect actual implementation. 13. Project Closeout meeting with MWMO Staff, including Project walk-through and certification that the Project was installed according to the approved plans and specifications. Anticipated Project Schedule Project Phases Complete by (month/date/years): Construction documentation/bidding April Î May 2024 Construction start June 2024 Construction end September 2024 *Completed prior to Capital Project Grant Agreement Project Budget As described in the Agreement, the Capital Project Grant shall not exceed the total amount of Grant Funds. MWMO Grant funding will be used for eligible expenses related to components listed under Scope of Work of Capital Project above. Funds will be reimbursed according to the invoices submitted corresponding to the items listed in the cost estimate as described in Exhibit B. Requested changes to line items shown in Exhibit B affecting the scope in this document that do not increase the total Project cost beyond the established contingency amount and that do not extend Project end date require review and approval by the MWMO staff. Other amendments, as determined by the Executive Director, require review and approval by the MWMO Board. When possible, MWMO eligible grant items should be itemized separately from non-eligible items in Bid Schedule Exhibit A Grant Project No. 2022417 32 Jufn!4/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Exhibit A to MWMO Capital Project Grant Agreement #2022417 Reimbursements The MWMO will reimburse only forexpenditures identified within Exhibit B and defined as eligible costs. Requested reimbursements must include copies of all relevant invoices. Reimbursements may be submitted monthly, and must correspond with a deliverable or eligible cost item, completed or in progress, as detailed in this document. The MWMO will hold 10% of the total Grant Funds until verification of completion of all project components. All Grantee staff costs and administrative expenses incurred in completing the work of the Project shall be the responsibility of the Grantee. The capitalized terms in this Exhibit A shall have the same meaning given them in the Agreement to which it is attached. Exhibit A Grant Project No. 2022417 33 Jufn!4/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital ProjectGrantAgreement #2022417 Exhibit B: Budget 9 Grant Project No. 2022417 34 Jufn!4/ MWMO Capital Projects Grant Budget Form - Exhibit B Project: Fridley Hydrodynamic Separator MWMO Project No. 2022417 MWMO Grant Other Matching/ In Cash Match Project Expenses Kind Funds Request Rate Per HourHoursTOTAL MWMO GrantCash MatchOther Funds Professional Services $0.00 $0.00 $0.00 $0.00 Subtotal:$0.00 $0.00$0.00$0.00 Quantity Unit CostTOTALMWMO GrantCash MatchOther Funds Reimbursable Expenses 1 $5,000.00 $5,000.00 $5,000.00$0.00 Mobilization (LS) 40 $3.00 $120.00 $120.00$0.00 Sawing Bituminous Pavement (Full Depth) 30 $10.00 $300.00 $300.00$0.00 Remove Concrete Curb & Gutter 17 $15.00 $255.00 $255.00$0.00 Remove Bituminous Pavement (Full Depth) 300 $50.00 $15,000.00 $15,000.00$0.00 Common Excavation (14' Depth) 2 $1,500.00 $3,000.00 $3,000.00$0.00 Connect to Existing Storm Sewer $0.00 300 $35.00 $10,500.00 $10,500.00 Select Granular Borrow 1 $25,000.00 $25,000.00 $25,000.00$0.00 Water Quality Structure 17 $60.00 $1,020.00 $1,020.00$0.00 4" Bituminous Patch w/ 8" Class 5 Aggregate 30 $35.00 $1,050.00 $1,050.00$0.00 Concrete Curb & Gutter Design B618 (LF) 1 $1,255.00 $1,255.00 $1,255.00$0.00 Restoration (LS) 1 $1,500.00 $1,500.00 $1,500.00$0.00 Traffic Control (LS) Subtotal:$64,000.00 $64,000.00$0.00$0.00 $64,000.00$0.00$0.00 TOTAL PROJECT COST$64,000.00 0.00% 35 Jufn!5/ AGENDA REPORT Meeting Date:April8, 2024 Meeting Type:City Council Submitted By:James Kosluchar, Director of Public Works and Engineering Brandon Brodhag, Assistant City Engineer Carl Lind, GraduateEngineer Rachel Workin, Environmental Planner Title Resolution No. 2024-45, Approving a Grant Agreement with theRice Creek Watershed Districtfor a Hydrodynamic Separator Background The 2024 Street Project (ST2024-01) is scheduled to occur during the 2024 construction season as outlined in the Cityapproved 2024-2028 Capital Investment Program approved feasibility studyidentified potential stormwater improvements that could occur within the scope of the project. One recommendation was to install a hydrodynamic separatorwithin the storm sewer system along Channel Road. The City installed a similardevice, which uses gravity to remove pollutants from stormwater runoff, within Project ST2022-01. Modeling indicates that the hydrodynamic separator will remove 0.987poundsof Total Phosphorus and 280pounds of Total Suspended Solids per yearfrom stormwater before it entersRice Creekand subsequently Locke Lake and the Mississippi River. The City submitted a Stormwater Management GrantApplication to the Rice CreekWatershed District to fund the installation of the structure and was awarded$30,000, based on the maximum grant award of 50% of the estimated project cost. The City has also been awarded grant funding from the Mississippi Watershed Management Organizationfor the installation of a hydrodynamic separator on Buchanan Streetas part of this same road project. Financial Impact Thegrant award of $30,000 is expected to cover 50% of the estimated project cost of $60,000. The required grant match of $30,000 is budgeted for within the approved 2024-2028 Capital Investment Program to be paid from the Stormwater Fund. The Citywill be responsible for ongoing maintenance of the hydrodynamic separator. Recommendation Staff recommend the approval of Resolution No. 2024-45, Approving a Grant Agreement with the Rice Creek Watershed District for a Hydrodynamic Separator within 2024 Street Rehabilitation Project ST2024-01. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 36 Jufn!5/ 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. 2024-45, Approving a Grant Agreement with the Rice Creek Watershed District for a Hydrodynamic Separator within Project ST2024-01 !Grant Agreement with the Rice Creek Watershed District Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 37 Jufn!5/ Resolution No. 2024-45 Approving a Grant Agreement with the Rice Creek Watershed District for a Hydrodynamic Separator 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, pra to their highest intended use; and Whereas, the Feasibility Study for ST2024-01 identified the placement of a hydrodynamic separator at Channel Road as a potential stormwater improvement; and Whereas, the City submitted a Stormwater Management Grant to the Rice Creek Watershed District for funding for the installation of the hydrodynamic separator; and Whereas, the Rice Creek Watershed District awarded the City grant funding of $30,000 to install the hydrodynamic separator at Channel Road; and Whereas, the City of Fridley has allocated funds in its Capital Investment Plan for the required matching funds. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the grant agreement with the Rice Creek Watershed District for the installation of a hydrodynamic separator at Channel Road within Project ST2024-01. th Passed and adopted by the City Council of the City of Fridley this 8 day of April, 2024. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 38 Jufn!5/ 39 Jufn!5/ 3: Jufn!5/ 41 Jufn!6/ AGENDA REPORT Meeting Date:April8, 2024 Meeting Type:City Council Submitted By:James Kosluchar, Director of Public Works and Engineering Brandon Brodhag, Assistant City Engineer Nic Schmidt, Engineering Project Manager Rachel Workin, Environmental Planner Title Resolution No. 2024-46, Approving a Grant Agreement with the Mississippi Watershed Management Organization for Stormwater Improvements at Sylvan Hills Park Background Sylvan Hills Park is a 2.6-acre neighborhood park within the Sylvan Hills neighborhood. Approximately 77 acres drain to the park or the storm sewer running adjacent to it. The park and surrounding neighborhood experience occasional flooding and untreated runoff from the area contributes to the water quality impairments of the Mississippi River. During the Park System Improvement Plan planning process, the Mississippi Watershed Management Organization (MWMO) identified Sylvan Hills as a potential location for regional stormwater treatment and flood mitigation. A stormwater storage area In partnership with the Cityof Fridley (City), MWMO conducted a feasibility study to refine the concept plan to maximize recreational benefits, water quality and quantity improvements, and provide pollinator habitat. An update concept plan was developed including an underground infiltration basin to treat runoff from the municipal separate storm sewer systemand surface water features to treat runoff from local roadways and park infrastructure. To maximize treatment of stormwater from the storm sewer system, a small section of sewer line will be redirected under Rainbow Driveinto the underground infiltrationbasinas part of the project. The proposed plan maintains the recreational improvements detailed inthe original concept plan and including alarge, mowable green space while adding additional opportunities for nature-based play. It is expected that these improvements will provide 16.1 pounds of phosphorus removal and 5,000 pounds of sediment removal annuallyfrom stormwater discharging to the Mississippi River. Modeling also indicatesreducedflooding within the park and surrounding neighborhood during 10-and 100-year storm events. There will be approximately 27,000 square feet of pollinator habitat created in line with The MWMO Board awarded the City a grant of $1,493,000 towards the designand constructionof these improvements at its March 12, 2024 board meeting. opinion of probable costfor design, construction, and construction administration asdetermined within Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 42 Jufn!6/ the feasibility study plus a 20% contingency. The improvements would be scheduled for construction as part of the larger Park System Improvement Plan project occurring at Sylvan Hills in Fall 2024. Financial Impact The grant award of $1,493,000 is expected to cover the full cost of the design, construction, and construction administration associated with the project. The City has a required match of $15,000 which is budgeted for within the approved 2024-2028 Capital Investment Program and paid through the Stormwater Fund. The City will be responsible for ongoing maintenance of the project to be budgeted and paid for within the Stormwater Fund. There is no expected financial impact to the cost of planned recreational improvements to Sylvan Hills Park occurring as part the Park System Improvement Plan as a result of this project. Recommendation Staff recommend the approval of Resolution No. 2024-46, Approving a Grant Agreement with the Mississippi Watershed Management Organization for Stormwater Improvements at Sylvan Hills Park. 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. 2024-46 Approving a Grant Agreement with the Mississippi Watershed Management Organization for Stormwater Improvements at Sylvan Hills Park !Grant Agreement with the Mississippi Watershed Management Organization Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 43 Jufn!6/ Resolution No. 2024-46 Approving a Grant Agreement with the Mississippi Watershed Management Organization for Stormwater Improvements at Sylvan Hills Park Whereas, the City of Fridley (City) is undertaking improvements at Sylvan Hills Park as part of the Park System Improvement Plan; and Whereas, the Concept Plan for Sylvan Hills Park identifies opportunities for stormwater storage and treatment; and Whereas, stormwater best practices within its parks highest intended use; and Whereas, the City habitat within underutilized park lands; and Whereas, the Mississippi Watershed Management Organization has identified stormwater improvements at Sylvan Hills Park within its Capital Investment Program; and Whereas, the Mississippi Watershed Management Organization awarded the City grant funding of $1,493,000 to design and construct the stormwater improvements at Sylvan Hills Park; and Whereas, the City of Fridley has allocated funds in its Capital Investment Plan for the required matching funds. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the grant agreement with the Mississippi Watershed Management Organization for stormwater improvements at Sylvan Hills Park and authorizes staff to develop and execute all project documents and purchasing needed to complete the project in accordance with City policy. th Passed and adopted by the City Council of the City of Fridley this 8 day of April, 2024. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 44 Jufn!6/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement #2022418 MEMBER CAPITAL PROJECT GRANT AGREEMENT Project Title Sylvan Hills Park Regional Treatment Grant Funds $1,493,000.00 (Total Amount Î Not to Exceed) Grantee City of Fridley Grantee Address 7071 University Avenue NE, Fridley, MN 55432 Grantee Project Nic Schmidt Manager Grantee Phone (763) 238-8085 Grantee Email nic.schmidt@fridleymn.gov Project Completion 12/30/2027 Date Minimum Project 30 years Maintenance Period MWMO Project Shawn James Manager MWMO Project sjames@mwmo.org Manager Contact 612-746-4983 (direct) Information 612-746-4970 (office) Effective Date May 1, 2023 This Member Capital Project Grant Agreement (Ð Agreement Ñ) is entered into by and between the Mississippi Watershed Management Organization, a Minnesota joint powers entity, (Ð MWMO Ñ) and the above-named grantee (Ð Grantee Ñ). MWMO and Grantee may hereinafter be referred to individually as a ÐpartyÑ or collectively as the Ðparties.Ñ The information set out above is made part of this Agreement and may be referred to herein by the indicated labels. RECITALS A. MWMO is a joint powers watershed management organization created pursuant to Minnesota Statutes, sections 103B.201 to 103B.252, the Metropolitan Surface Water Management Act (Ð Act Ñ). B. MWMO conducts programs and projects to meet its obligations under the Act and the rules adopted pursuant to the Act. C. Grantee is a member community of MWMO and, together with the other member communities, is committed to carrying out projects in furtherance of MWMO Ós plan and goals. D. MWMO has selected and approved a request received from Grantee for funding to implement the proposed program or project named above (Ð Project Ñ) within the boundaries of MWMO. The 45 1 Jufn!6/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement #2022418 agreed upon outcomes and methods for the Project are described in the final deliverables section of the attached Exhibit A. E. MWMO has determined the Project proposed by Grantee will further the implementation of the comprehensive watershed management plan of MWMO. F. The parties desire to enter into this Agreement to set out the terms and conditions of a grant provided by MWMO to Grantee to complete the Project. AGREEMENT In consideration of the covenants and agreements contained herein, and intending to be legally bound, the parties hereby agree as follows: 1. Grant. MWMO agrees to provide Grantee a grant up to the total amount indicated above (Ð Grant Funds Ñ) conditioned on compliance with the terms and conditions of this Agreement. The Grant Funds shall be provided as a reimbursement of the costs Grantee incurs in carrying out the Project as specified in the attached Exhibit A. MWMO shall retain 10% of the total Grant Funds until Grantee verifies completion of all Project components, provides all deliverables, and provides an acceptable operations and maintenance plan. 2. Grant Distribution. MWMO agrees to disburse the Grant Funds to Grantee in accordance with this section. (a) Limits on Grant. MWMO will reimburse Grantee for expenses incurred in the Project up to the total amount of Grant Funds, which is the maximum amount to be provided under this Agreement. All other costs and expenses incurred by Grantee in completing the work of the Project will be the responsibility of Grantee. Only costs and expenses identified in Exhibit A as ÐreimbursableÑ are eligible for reimbursement by MWMO. Administrative costs incurred by Grantee including, but not limited to, compensation and benefits of Grantee staff, are not eligible for reimbursement under this Agreement. MWMO will not reimburse Grantee for expenses incurred by Grantee that are paid or reimbursed by a grant from another source. (b) Payment Requests. MWMO will disburse funds to Grantee based on a payment request form provided by MWMO, submitted by Grantee, and approved by MWMO. Payment requests may be submitted no more frequently than once each month and must be accompanied by supporting invoices that relate to activities in the approved Project budget. Upon verification of the adequacy of a written disbursement request and consistency with the terms of this Agreement, MWMO will disburse the requested amount to Grantee within four weeks after receipt of a written disbursement request. 3. Project Construction. Grantee agrees to undertake and construct the Project in accordance with this section. (a) Approved Plans. Grantee shall construct the Project in accordance with plans and specifications (collectively, the Ð Plans Ñ) developed for the Project. The Plans shall be 46 2 Jufn!6/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement #2022418 consistent with information contained in Exhibit A and must be approved in writing by MWMO Executive Director or MWMO Project Manager (collectively, the Ð Executive Director Ñ) prior to commencement of construction. Any alterations to the Plans and any change orders issued for the Project must be approved in writing by the Executive Director. Any proposed alteration or change order presented to the Executive Director for approval must include the estimated budget impact resulting from the change. (b) Project Schedule. Grantee will complete the Project by the Project Completion Date, but in no case later than the timeline provided in Exhibit A. Failure to complete the Project by the Project Completion Date shall constitute a breach of this Agreement, unless the Executive Director approves an extension of the Project Completion Date in writing. (c) Contractors. If Grantee retains one or more contractors (collectively, the Ð Contractor Ñ) to construct the Project, Grantee will advertise for bids and award contracts as required in accordance with the requirements of law. Grantee will award the contract and supervise and administer the ContractorÓs construction of the Project to ensure it is completed in accordance with Plans and this Agreement. Grantee will require the Contractor to provide all payment and performance bonds required by law. Grantee will require the Contractor to name MWMO as an additional insured on all liability policies required by Grantee and require MWMO be given the same notification of cancellation or non-renewal as is given to Grantee. Grantee will provide MWMO copies of the C ontractorsÓ certificates of insurance upon request. Grantee will require the Contractor to defend, indemnify, protect, and hold harmless MWMO and Grantee, their agents, officers, and employees, from all claims, actions, costs, and expenses, including reasonable attorneysÓ fees, arising from negligent acts, errors or omissions of the Contractor. Grantee shall be responsible for supervising the work of the Contractor and ensuring the Project is completed in accordance with the Plans. However, MWMO may observe and review the work of the Project until it is completed. (d) Site Investigation. Grantee shall perform all necessary investigations of the site to determine suitability to construct the Project and to identify any contamination or other conditions that may impact the construction of the Project. Grantee shall not proceed with the Project until all required environmental review and remediation of site contamination is completed or a plan for remediation is approved by the appropriate regulatory agencies. (e) Construction. All work performed by Grantee and its Contractor under to this Agreement must be performed in accordance with the Plans and to the satisfaction of MWMO as determined by the Executive Director. (f) Project Maintenance. Grantee shall be responsible for maintaining the improvements constructed as part of the Project for at least the Minimum Project Maintenance Period. Grantee shall not alter the Project site in any manner that is contrary to the purpose of the Project or its identified outcomes. 4. Grantee Obligations. Grantee shall comply with all of the following with respect to the use of the Grant Funds. 47 3 Jufn!6/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement #2022418 (a) Use of Funds. Grantee shall only use the Grant Funds for the eligible costs of the Project as described in Exhibit A. (b) Cost Overruns. Grantee agrees that any cost overruns, as specified in Exhibit A, are the sole responsibility of Grantee. (c) Reporting. Grantee shall submit progress reports to MWMO at least every six months on the status of the Project (or as otherwise specified in Exhibit A), using the work plan, timeline, and budget in Exhibit A. A Project close-out meeting with MWMO staff must occur prior to the Project Completion Date, or as indicated in Exhibit A. (d) Accounting and Record Keeping. Grantee will keep financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures for all expenditures of Grant Funds made pursuant to this Agreement. Accounting methods will be in accordance with generally accepted accounting principles. (e) Capital Equipment and Real Property. The title for any equipment purchased with the Grant Funds provided under this Agreement shall be taken in the name of MWMO. The equipment will remain the property of MWMO for its useful life. After the termination of this Agreement the equipment may remain in the custody of Grantee so long as it is used for the purposes of promoting and supporting Grantee Ós Project goals. MWMO may take possession of the equipment at such time as it becomes necessary to use it for MWMO purposes. If real property is acquired or improved with Grant Funds, MWMO may require the recording of such covenants or restrictions on the use and development of the property as MWMO deems necessary and appropriate to ensure the continuing benefit of the Project to the public. (f) Grantor Acknowledgement. Signage, printed materials, publications and presentations related to the Project shall acknowledge the funding provided by MWMO as described in Exhibit A. (g) Subgrantee Obligations. If any portion of the Grant Funds comes from grants provided to MWMO, Grantee agrees to comply with the terms and conditions of the associated grant agreement, including performing the duties of MWMO under the grant agreement as may be needed given Grantee Ós role as the entity responsible for constructing and administering the funded Project. 5. Term. This Agreement shall be effective as of the Effective Date indicated above and it shall terminate on the date all obligations have been satisfactorily fulfilled by both parties, or on the Project Completion Date, whichever occurs first. MWMO will not be obligated to reimburse any expenses incurred after the Project Completion Date or to pay any payment requests received more than 90 days after the Project Completion Date. 6. Termination. MWMO may terminate this Agreement for just cause. Just cause includes, but is not necessarily limited to, MWMO, in its reasonable discretion, determining Grantee used Grant Funds for any purpose other than in furtherance of the Project or has otherwise breached a material 48 4 Jufn!6/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement #2022418 term of this Agreement. MWMO shall give Grantee at least 14 days written notice of termination. The notice shall be mailed to the Project Manager at the address indicated in this Agreement. The termination shall be effective as of the date indicated in the notice, unless the Executive Director determines Grantee has fully cured the breach prior to that date. The following sections and paragraphs survive termination or expiration of this Agreement: Project Maintenance; Indemnification; Audit; Data Practices Act; and Inspection. 7. Independent Contractor. Grantee is in all respects an independent contractor under this Agreement and will be solely responsible for performing the work required hereunder as well as the means and manner of performance thereof. MWMO will not be an employer, partner or co- venturer with Grantee for any purpose, and will have no responsibility or liability for the acts or omissions of Grantee. Nothing herein authorizes Grantee to act as an agent or representative of MWMO for any purpose. 8. Legal Compliance. Grantee shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and obtain any required permits or permissions, in letting any contracts, constructing the Project, and in otherwise carrying out its obligations under this Agreement. This obligation includes, but is not limited to, complying with the requirements and regulations of The Americans with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minnesota Statutes, chapter 363), Minnesota Statutes, section 181.59, and Title VII of the Civil Rights Act of 1964. This Agreement shall be governed by and construed according to the laws of the State of Minnesota. 9. Indemnification. Grantee agrees to defend, indemnify and hold harmless, MWMO, its officials, officers, agents and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneyÓs fees, resulting directly or indirectly from any act or omission of Grantee, its offices, employers, agents, contractors or subcontractors or anyone directly or indirectly employed by them, or anyone volunteering for them, or anyone for whose acts or omissions they may be liable in the construction of the Project and against all loss by reason of the failure of Grantee to perform fully, in any respect, all obligations under this Agreement. Nothing in this Agreement shall constitute a waiver by either party of any limits on or exclusions from liability available to them under Minnesota Statutes, chapter 466 or other law. 10. Insurance. Grantee shall secure and maintain such insurance as it deems reasonably necessary to protect the public, MWMO, and Grantee from claims arising out of GranteeÓs activities under this Agreement and to fulfill GranteeÓs obligations hereunder including, but not limited to, the indemnification obligation. 11. MWMO Inspection. Grantee grants MWMO a license to enter the Project site to inspect the Project and its ongoing maintenance at all reasonable times during the term of this Agreement and the Minimum Project Maintenance Period. 12. Data Practices Act. Grantee and MWMO must comply with the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13, as it applies to all data provided by MWMO under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Grantee under this Agreement. If Grantee receives a request to release data 49 5 Jufn!6/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement #2022418 referred to in this paragraph, Grantee must immediately notify MWMO. Grantee Ós response shall comply with applicable law. 13. Notices. Any notices required under this Agreement shall, with respect to MWMO, be provided to MWMO Project Manager and shall, with respect to Grantee, be provided to the Project Manager. 14. Entire Agreement. This document, including the recitals, exhibits, and any referenced documents (all of which are incorporated in and made part of this Agreement), constitutes the entire agreement between the parties regarding this matter. To the extent that any inconsistency exists between the text of this Agreement and Exhibit A, Exhibit A shall be deemed controlling. 15. Audit. All books, records, documents, and accounting procedures of Grantee related to the Project are subject to examination by MWMO and either the State Auditor or the Legislative Auditor for at least six years after the Project Completion Date. 16. Amendments. No modification, amendment, deletion, or waiver in the terms of this Agreement is valid unless it is in writing and signed by the parties. 17. Assignment. Grantee will neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the Board. Grantee may contract with others, including appropriate local units of government, to complete the work specified in Exhibit A. However, Grantee will continue to be responsible for performance of its obligations under this Agreement notwithstanding contracts with Contractors or an approved assignment to a subgrantee. 4: 6 Jufn!6/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Capital Project Grant Agreement #2022418 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, by their duly authorized representatives, effective as of the Effective Date indicated above. GRANTEE: CITY OF FRIDLEY Signature: Signature: Printed Name: Printed Name: Email Address: Email Address: Scott.Lund@fridleymn.gov Wally.Wysopal@fridleymn.gov Title: Mayor Title: City Manager Date: Date: MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Signature: Signature: Printed Name: Randy Stille Printed Name: Kevin Reich Email Address: Email Address: kreich@mwmo.org Title: Chairperson of the Board Title: Executive Director Date: Date: Attachment(s): Exhibit A Exhibit B: Budget Exhibit C: Concept Plan 51 7 Jufn!6/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Exhibit A to MWMO Capital Project Grant Agreement #2022418 Project Name: Sylvan Hills Park Regional Treatment Project Description and Purpose At its March 12, 2024 meeting, the Mississippi Watershed Management Organization (MWMO) Board of Commissioners approved a $1,493,000 Capital Improvement Project grant (Resolution 2024-010) to the City of Fridley to fund an underground stormwater infiltration tank, surface infiltration basins, bioswales, and native habitat restoration at Sylvan Hills Park in Fridley, MN. The Sylvan Hills Park project aims to capture approximately 77 acres of stormwater from the surrounding neighborhood, streets, and railway. A combination of surface and underground stormwater treatment features will maximize the amount of stormwater captured through curb cuts, stormsewer pipe redirection, and an underground pipe diversion. The surface stormwater features will be accompanied by native pollinator habitat throughout the park. Stormwater Management and/or Habitat Improvements The Grantee is proposing underground and aboveground stormwater infrastructure, native habitat, and a nature-focused play area as described below: 1. Stormwater management for the site will be achieved through a series of above- and below-ground stormwater best management practices (BMPs) integrated throughout the park and capturing off-site stormwater runoff. Curb cuts at the northern and southern ends of the park will bring additional runoff into the park. Infiltration basins at these ends are intended primarily for pre-treatment. Bioswales will connect these basins to a centrally-located infiltration basin, which will be located alongside and integrated with a playground with nature-focused play elements. The basins will be designed with a shallow depth and drawdown in less than 48 hours after storm events. A diversion structure will divert stormwater runoff from existing stormsewer into an underground infiltration tank in the park. This system will capture runoff from areas north and west of the park covering around 63 acres of drainage area. The overall volume capacity of site BMPs is 1.3 acre-ft, and BMPs are sized to capture the 1.1-inch storm event. Expected water quality benefits include: Annual total phosphorus removal: 16.1 lbs Annual total suspended solids removal: 5,080 lbs 2. Restoration of native habitat within the stormwater BMPs and in other areas of the site, totaling over 20,000 square feet. The project may also include interpretive features to explain the establishment and benefits of the stormwater BMPs and native vegetation to the general public. Interpretive features could include links to any MWMO materials and pages. 1 52 Jufn!6/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Exhibit A to MWMO Capital Project Grant Agreement #2022418 Scope of Work of Capital Project & Budget The MWMO funding will be used to support the final design and installation of the stormwater infrastructure and habitat features, the details of which are as follows: One underground infiltration tank, including a diversion structure capturing off-site stormwater, and a pre-treatment hydrodynamic separator; Redirection of a stormsewer pipe across Rainbow Drive, capturing additional off-site stormwater; Three surface infiltration basins; Two bioswales connecting the northern- and southern-most basins to the centrally-located infiltration basin; and Over 20,000 square feet of habitat and native landscaping, established by seed, plugs, and container plants, including three to five years of vegetation establishment services. Funds will be reimbursed according to the bid schedule attached as Exhibit B. The Capital Improvement Project Grant must not exceed $1,493,000. Educational and Interpretive Features. Up to $50,000 may be designated for interpretive planning and educational components if the construction bid amount is less than the total MWMO grant amount in Exhibit B. This amount, if available, may be included in Exhibit B of this contract. Vegetation Operations and Maintenance. After the one-year warranty period is completed for vegetation installation, up to $50,000, based on contractor pricing, may be designated for up to two years of additional vegetation establishment and maintenance if final costs are less than the total MWMO grant amount in Exhibit B. This amount, if available, would be managed in a new and separate contract from this one. The Grantee agrees to request a landscape contractor with native vegetation experience in request for proposals. The MWMO agrees to help facilitate and oversee work of landscape contractor, if requested. The Grantee agrees that they are solely responsible for the operation and maintenance of the Project and that the Project will be operated and maintained for no less than Minimum Project Maintenance Period established for the Project of 30 years. The obligation to maintain the Project for the entire period survives the expiration or termination of the grant agreement. If the Project is not maintained for this period of time, MWMO reserves the right to request reimbursement, at a pro rata basis, of expended funds. Deliverables The Grantee will provide the MWMO the following deliverables: 1. Copies of site investigation reports 2 53 Jufn!6/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Exhibit A to MWMO Capital Project Grant Agreement #2022418 2. Final design documents prior to construction a. For review of applicability to MWMO grant program and consistency with grant application. 3. Final construction documents, including planting plans and species, reviewed and approved by the MWMO prior to construction a. Including specifications and project cost estimates, in both PDF and executable file formats (CAD, Excel, Word, etc.). 4. Bid comparison outlined by line item 5. Stormwater models updated to reflect the constructed system a. Model file executables and summary outputs (in PDF) should both be provided. 6. Permits required for construction of the components funded by the MWMO a. The Grantee is responsible for obtaining all necessary federal, state, and local permits and ensuring that the project meets water quality rules. 7. Pre-Construction, During Construction, and Post-Construction photos a. Preferably with GPS coordinates and dates 8. Regular Project updates throughout the contract period. a. Project updates should include, at minimum, construction start, installation of stormwater and habitat system components, and construction end. b. Updates should also include advance notification of vegetation establishment activities. 9. Participation with MWMO staff in development of Education & Outreach materials. At minimum, deliverables will include: a. Funding acknowledgement and MWMO logo b. Participation with MWMO to create physical signage and other educational materials related to the stormwater components. 10. Coordination with MWMO staff for public relations opportunities, including: a. Public communications associated with the project, such as open houses, newsletters, press releases, videos and other communication products. b. Opportunities to capture photos and video of construction milestones. 11. Backup documentation for the MWMO to determine reimbursable expenses 12. Draft and final operations and maintenance plan a. Scheduled through the Minimum Project Maintenance Period (30 years), for all stormwater BMPs and habitat features associated with the project. The purpose is to ensure that the expected operational life of the grant funded components is achieved. Project maintenance is the sole responsibility of the Grantee. 3 54 Jufn!6/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Exhibit A to MWMO Capital Project Grant Agreement #2022418 13. As-built drawings related to stormwater BMPs a. If designs changed during building process, consultants shall provide updated plans and updated stormwater performance estimates (including modeling files) to reflect actual implementation. 14. Project closeout meeting with MWMO Staff a. Including Project walk-through and certification that the Project was installed according to the approved plans and specifications. 15. Final report a. Template provided by the MWMO. Anticipated Project Schedule Project Phases Complete by (month/date/years): Final Design June 2024 Construction documentation/bidding July 2024 Construction start September 2024 Construction end December 2026 Project Budget As described in the Agreement, the Capital Project Grant shall not exceed the total amount of Grant Funds. MWMO Grant funding will be used for eligible expenses related to components listed under Scope of Work of Capital Project above. Funds will be reimbursed according to the invoices submitted corresponding to the items listed in the cost estimate as described in Exhibit B. Requested changes to line items shown in Exhibit B affecting the scope in this document that do not increase the total Project cost beyond the established contingency amount and that do not extend Project end date require review and approval by the MWMO staff. Other amendments, as determined by the Executive Director, require review and approval by the MWMO Board. Reimbursements The MWMO will reimburse only for expenditures identified within Exhibit B and defined as eligible costs. Requested reimbursements must include copies of all relevant invoices. Reimbursements may be submitted monthly or following each payment by the Grantee to the contractor, and must 4 55 Jufn!6/ MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION Exhibit A to MWMO Capital Project Grant Agreement #2022418 correspond with a deliverable or eligible cost item, completed or in progress, as detailed in this document. The MWMO will hold 10% of the total Grant Funds until completion of all project components is verified. All Grantee staff costs and administrative expenses incurred in completing the work of the Project shall be the responsibility of the Grantee. The capitalized terms in this Exhibit A shall have the same meaning given them in the Agreement to which it is attached. 5 56 Jufn!6/ PROJECT NAME: Sylvan Hills Park Regional Treatment MWMO Capital Projects Grant Budget Form MWMO Grant Project Expenses Request Rate Per Cash Match HourHoursTOTAL MWMO Grant Professional Services $248,800.00$248,800.00 Engineering and Construction Administration Subtotal:$248,800.00$248,800.00$0.00 Estimated Cash Match Reimbursable ExpensesUnitQuantity Unit CostTOTALMWMO Grant North Basin $2,000.00$2,000.00 MobilizationLS1$2,000 $3,800.00$3,800.00 Curb Cub Inlet (Curb Removal, Replacement and Block Inlet)LS1$3,800 $3,120.00$3,120.00 Excavation, Sod Removal and GradingCY78$40 $1,950.00$1,950.00 12" Amended Soils 75/25 CY39$50 $2,200.00$2,200.00 Double Shredded Hardwood MulchCY22$100 $2,333.00$2,333.00 Engineered Infiltration Soil Import (CV)CY39$60 $3,500.00$3,500.00 Planting Allowance Based on SQFLS1$3,500 $18,903.00 Subtotal South Basin $2,000.00$1,000.00$1,000.00 MobilizationLS1$2,000 $3,800.00$1,800.00$2,000.00 Curb and Catch BasinLS1$3,800 $4,120.00$2,120.00$2,000.00 Excavation, Sod Removal and GradingCY103$40 $5,150.00$2,650.00$2,500.00 12" amended soilsCY103$50 $4,300.00$2,300.00$2,000.00 Double Shredded Hardwood MulchCY43$100 $4,000.00$2,000.00$2,000.00 Engineered Infiltration Soil Import (CV)CY67$60 $7,000.00$3,500.00$3,500.00 Planting Allowance Based on SQFLS1$7,000 $30,370.00 Subtotal Stormsewer across Rainbow Drive $3,000.00$3,000.00 MobilizationLS1$3,000 $6,930.00$6,930.00 12" RCP StormsewerLF77$90 $6,000.00$6,000.00 CB Manhole Structure ReconstructEA1$6,000 $24,000.00$24,000.00 Road Removal and ReconstructSY48$500 $39,930.00 Subtotal Central Basin $7,000.00$7,000.00 MobilizationLS1$7,000 $34,000.00$34,000.00 Excavation, Sod Removal and GradingCY850$40 $5,150.00$5,150.00 12" amended soilsCY103$50 $12,000.00$12,000.00 Planting Allowance Based on SQFLS1$12,000 $5,830.00$5,830.00 1.5" Quaking AspenEach11$530 $25,889.00$25,889.00 Engineered Infiltration Soil Import (CV)CY431$60 $9,630.00$9,630.00 Double Shredded Hardwood MulchCY107$90 Subtotal$99,499.00 Ephemeral Stream $5,000.00$5,000.00 MobilizationLS1$5,000 $10,720.00$10,720.00 Excavation/GradingCY268$40 $2,494.00$2,494.00 Underlaymnet: Nonwoven GeotextileSQY525$4.75 $45,900.00$45,900.00 4"-8" River RockTon340$135 $5,130.00$5,130.00 Medium Field Stone BoulderTon38$135 $531.00$531.00 12" pipe cuvlertLF14$38 Subtotal$69,775.00 Underground Infiltration System $30,000.00$30,000.00 MobilizationLS1$30,000 $31,200.00$31,200.00 Excavation for storage chambers & subgrade correctionCY7,800$4 $77,400.00$77,400.00 Haul and dispose dispaced material for chambers (CV)CY4,300$18 $52,530.00$52,530.00 Rock for Infiltration StorageCY1,751$30 $17,500.00$17,500.00 Backfill over storage chambers (CV)CY3,500$5 $13,500.00$13,500.00 Subgrade Aggregate Import (LV)CY750$18 $357,000.00$357,000.00 CMP Infiltration SystemLF4,200$85 $100,000.00$100,000.00 Pre-treatment hydrodynamic separatorLS1$100,000 $30,000.00$30,000.00 Sod RepairSQY2,000$15.00 $16,000.00$16,000.00 72" Diversion StructureLS1$16,000 $19,000.00$19,000.00 36" RCP StormsewerLF76$250 $744,130.00 Subtotal Restoration and Other $15,000.00$15,000.00 Erosion controlLS1$15,000 $9,750.00$9,750.00 Native Seed: Herbicide, tilling, seeding and blanketSQF13,000$0.75 $9,100.00$9,100.00 Bee Lawn: Herbicide, tilling, seeding and hydromulchSQF13,000$0.70 $54,782.00$0.00 PathwaySQF11,533$4.75$54,782.00 $34,000.00$0.00 Traditional Playground: surface prep, CIP curb, 12" cert mulchLS1$34,000.00$34,000.00 $122,632.00 Subtotal Subtotal:$1,125,239.00 Contingency~20%$222,743.00 $222,743.00$103,782.00 TOTAL PROJECT COST$1,596,782.00$1,493,000.00$103,782.00 57 Jufn!6/ FIGURE 2 - CONCEPT A 58 Jufn!7/ AGENDA REPORT Meeting Date:April 8, 2024 Meeting Type:City Council Submitted By: Beth Kondrick, Deputy City Clerk Title Resolution No. 2024-43, ApprovingaTemporary Intoxicating Liquor Permit for Tim HoffmanofTotino Grace High School for a Fundraising Event on April 27, 2024 Background Pursuant to sections of the Fridley City Code (Code), certain business licensing activities require approval of theFridleyCity Council(Council), includingTemporary Intoxicating Liquor licenses. The City of Fridley (City) received an application from Tim Hoffman of Totino Grace High Schoolon March 27, 2024for a Temporary Intoxicating Liquor Permitfor a fundraising event to be held on April 27, 2024. Staff have performed the required verification steps required by the Intoxicating LiquorChapterof the Code. Upon approval of the Council,the City permitand associated certifications will be forwarded on to the State for issuance of the Temporary Intoxicating Liquor permit. Financial Impact All revenues for similarlicenses were anticipated as part of the 2024Budget. Recommendation Staff recommend the approval of Resolution No. 2024-43, Approving a Temporary Intoxicating Liquor Permit for Tim Hoffman, Totino Grace High School, for a Fundraising Event to be Held April 27, 2024. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &Places X Community Identity &Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments Resolution No. 2024-43 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 59 Jufn!7/ Resolution No. 2024-43 Approving a Temporary Intoxicating Liquor Permit for Tim Hoffman of Totino Grace High School for a Fundraising Event to be Held April 27, 2024 Whereas, the Fridley City Code (Code) and various sections of Minnesota Statute (M.S.) direct licensing requirements for certain business activities within the City of Fridley (City); and Whereas, pursuant to the Intoxicating Liquor Chapter of Code, the City Council must approve liquor licenses and permits; and Whereas, a Temporary Intoxicating Liquor permit application was submitted by Tim Hoffman for a fundraising event to be held on April 27, 2024; and Whereas, permit; and Whereas, applicable City staff recommend the approval of the following permit by the City Council. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the Temporary Permit for Intoxicating Liquor to be issued to Tim Hoffman of Totino Grace High School for a fundraising event to be held on April 27, 2024. Liquor Type of License Applicant Staff Approval City Code Minnesota Statute Temporary Tim Hoffman, !City Clerk Chapter 603 M.S. § 340A Intoxicating Totino Grace !Public Safety Liquor Permit High School th Passed and adopted by the City Council of the City of Fridley this 8 day of April, 2024. _______________________________________ Scott J. Lund Mayor Attest: ___________________________________ Melissa Moore City Clerk 5: Jufn!8/ AGENDA REPORT Meeting Date:April 8, 2024 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Resolution No. 2024-47,Approving Claims for the Period Ending April 8, 2024 Background Attached is Resolution No. 2024-47and the claims report for the period endingApril 8, 2024. Financial Impact Included in the budget. Recommendation Staff recommend the approval of Resolution No. 2024-47, Approving Claims for the Period Ending April 8, 2024. 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. 2024-47, Approving Claims for the Period Ending April 8, 2024 City Council Claims Report Vision Statement We believe Fridley will bea safe, vibrant, friendly and stable home for families and businesses. 61 Jufn!8/ Resolution No. 2024-47 Approving Claims for the Period Ending April 3, 2024 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 April 3, 2024, 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 8 day of April, 2024. _______________________________________ Scott J. Lund - Mayor Attest: Melissa Moore City Clerk 62 Jufn!8/ 63 Jufn!8/ 64 Jufn!8/ 65 Jufn!8/ 66 Jufn!8/ 67 Jufn!8/ 68 Jufn!9/ AGENDA REPORT Meeting Date:April 8, 2024 Meeting Type:City Council Submitted By:Beth Kondrick, Deputy City Clerk Title Public Hearing to Consider On-Sale Liquor License by Debesay Girmalul for Continental Restaurantand Resolution No. 2024-42, Approving On-Sale Liquor License for Continental Restaurant Background Debesay Girmalul(Applicant) has applied for an On-Sale Liquor License for Continental Restaurant at 1040 Osborne Rd NE. There is an existing food license at thislocation, the applicant would like to add alcoholic beverages to the menu. The applicant is aware ofthe issues that caused the previous owners of this establishmentto have their liquor license revokedin 2021and is committed to operating a safe and reputable establishment. The application for an On-Sale Liquor License was received by staff onFebruary 7, 2024. The applicant has applied for an On-Sale Liquor License that will be effective May 1, 2024through April 30, 2025, following the normal licensing year period. The applicanthas completed all the necessary application materials. A background investigation has been completed by the Police Division, finding no outstanding issues or reasons to deny the license. Additionally, the applicant met withPublic Safety Director, Ryan George and Deputy City Clerk, Beth Kondrick to discuss the license, safety concerns and plans for the establishment. Section 603.07, subd. 1of the Fridley City Code requires the City Council conduct a public hearing to consider the approval of said license. The Notice of Public Hearing was published in the Official PublicationonMarch 29, 2024. Financial Impact Licensing fees collected by the City are anticipated in the annual budget. Recommendation Staff recommend the approval of Resolution No. 2024-42, Approving On-Sale Liquor License for Continental Restaurant. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 69 Jufn!9/ 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. 2024-42 !Notice of Public Hearing Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 6: Jufn!9/ Resolution No. 2024-42 Approving On-Sale Liquor License for Continental Restaurant, LLC Whereas, Minnesota Statute § 340A.404 enables the City of Fridley (City) to issue On-Sale Liquor Licenses to establishments within its jurisdiction; and Whereas, the Intoxicating Liquor Chapter of the Fridley City Code (Code) directs licensing requirements and activities for On-Sale Liquor Licenses in the City; and Whereas, City staff have worked with the applicant, Debesay Girmalul, to ensure all licensing requirements have been met; and Whereas, the Fridley City Council conducted a public hearing on April 8, 2024 pursuant to Section 603.07, Subd. 1d of the Code. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves an On-Sale Liquor License to Debesay Girmalul for Continental Restaurant located at 1040 Osborne Rd, NE. Passed and adopted by the City Council of the City of Fridley this 8th day of April, 2024. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 71 Jufn!9/ City of Fridley (Legal Notice) Public Hearing Notice Before the City Council on New On-Sale Intoxicating Liquor License Notice is hereby given that there will be a public hearing of the Fridley City Council at the th Fridley Civic Campus, 7071 University Avenue NE, Fridley, Minnesota, on Monday, April 8, 2024 at 7:00 PM. The Public Hearing will discuss issuing a new On-Sale Intoxicating Liquor License to Debesay Girmalul (Applicant) to operate at Continental Restaurant at 1040 Osborne Road NE. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact 763-571-3450 no later than April 5, 2024. Anyone having an interest in this matter should make their interest known at this public meeting. Beth Kondrick, Deputy City Clerk 72 Jufn!:/ AGENDA REPORT Meeting Date:April 8, 2024 Meeting Type:City Council Submitted By:Beth Kondrick, Deputy City Clerk Title Ordinance No. 1421, Public Hearing and First ReadingAmending the Name, Boundaries, Powers and Construction of Government Chapterof the Fridley City Charter 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 the chapter arecompiled into Ordinance No. 1421, makingitmoreconsistent with M.S.and other chapters of the Charter itself. Most ofthe revisions to the Chapter align it withtheWriting Style Guide.Notable revisions to the Chapter include: Section 1.01, adding Definitions and moving them to the beginning of the chapter; and Section 1.03, moving Charter, A Public Act to earlier in the chapter. 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: February 5 the Charter Commission formally recommended the Charter amendment to the Fridley City Council (Council) March 25the Council approved Resolution No. 2024-35Hearing March 28a Notice of Public Hearing was published in the Official Publication and posted to Assuming the Council continues to advance the recommended amendment, staff anticipate the following schedule: April 22 the Council will conduct thesecond reading of the Ordinance; April 24 the Ordinance will be published in the Official Publication; July 23pursuant to M.S.ğƓ ƚƩķźƓğƓĭĻ ğƒĻƓķźƓŭ ğ ĭźƷǤ ĭŷğƩƷĻƩ ƭŷğƌƌ ƓƚƷ ĬĻĭƚƒĻ ĻŅŅĻĭƷźǝĻ ǒƓƷźƌ ВЉ ķğǤƭ ğŅƷĻƩ ƦğƭƭğŭĻ ğƓķ ƦǒĬƌźĭğƷ Financial Impact None. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 73 Jufn!:/ Recommendation Staff recommend the City Council approve a first reading of Ordinance No. 1421, Amending the Name, Boundaries, Powers and Construction of Government Chapter of the Fridley City Charter. 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. 1421 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 74 Jufn!:/ Ordinance No. 1421 Amending the Name, Boundaries, Powers and Construction of Government Chapter of the Fridley City Charter The Fridley City Charter Commission has completed its review of the Fridley City Charter Chapter 1 and has recommended an amendment of the City Charter by Ordinance to the City Council on February 5, 2024. 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 1. Name, Boundaries, Powers and Construction of Government Section 1.01 Definitions Home Rule Charter, City Charter, Charter: . Home Rule Charter Commission: A body of 15 Fridley residents appointed by the district court who work collaboratively to evaluate and propose changes to the Fridley City Charter that reflect the importance of the Charter to enable effective government operations that reflect the values of residents. Voter: A registered voter who lives in the City. Section 1.01.Section 1.02 Name and Boundaries Upon the taking effect of this Chapter, the Village of Fridley in the County of Anoka and State of Minnesota shall become a City under the name of City of Fridley and shall continue to be a municipal corporation with boundaries the same as they now are established or as they may hereafter be established. Section 1.03 Charter, A Public Act The Charter was approved by voters on September 10, 1957. It is a public act and need not be pleaded or proved in any case. Section 1.02.Section 1.04 Powers of the City The City of Fridley: shall have perpetual succession; may sue and be sued; 75 Jufn!:/ may use and alter its seal at pleasure; shall be capable of contracting and being contracted with; may take by purchase, condemnation, gift, devise, or otherwise, and hold, lease, sell and convey all such real and personal property as its purposes may require, or the transaction of its business may render convenient, within or without the limits of the City; may acquire, construct, own, lease and operate public utilities, and render public service of every kind; may grant franchises or licenses for the construction, operation and maintenance of public utilities in, over, upon and under the streets and public places in the City, and shall have power to fix and regulate the fares, tolls, or charges which may be collected, the extensions which shall be made, and regulate the services which shall be rendered by any owner or operator of a public utility franchise or license; may assess, levy and collect taxes, for general or special purposes, on all subjects or objects which the city may lawfully tax; may borrow money on the faith and credit of the City or on a public utility or other property owned by the City or the revenues therefrom by the issuance and sale of bonds or certificates of indebtedness; may appropriate the money of the City for all lawful purposes; may provide for, construct, regulate, and maintain public works and local improvements; may levy and collect assessments against real property within the City for local improvements and services including garbage and refuse collection and disposal; may license and regulate persons, corporations and associations engaged in any occupation, trade or business; may define, prohibit, abate, and suppress all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the City, and all nuisances and causes thereof; may regulate the construction, height and materials used in all buildings, and the maintenance and occupancy thereof; may regulate and control the use for whatever purposes of the streets and other public places; 76 Jufn!:/ may make and enforce local police, sanitary, and other regulations; may pass ordinances for maintaining and promoting the peace, good government and welfare of the City, and for the performance of all the functions thereof; shall have all the powers possessed by municipal corporations at common law; shall have, retain and may exercise all powers, functions, rights, and privileges, heretofore possessed by the Village of Fridley; may exercise such powers beyond its corporate limits as may be necessary for the effective exercise of any powers granted herein as now authorized by law; and in addition thereto, the City of Fridley shall have and exercise all powers, functions, rights, and privileges exercised by, or which are incidental to, or inherent in, municipal corporations and are not denied to it by the Constitution or general laws of the State of Minnesota. The enumeration of powers herein shall not be construed to limit or restrict the powers granted in general terms, nor shall any specific power granted in this charter be construed to limit or restrict the powers granted in this Section. In addition to the powers herein and hereafter granted, the City of Fridley shall have full power to deal with all matters of municipal concern and have complete self-government in harmony with and subject to the Constitution and laws of the State of Minnesota. Section 1.03. Charter, A Public Act This Charter shall be a public act and need not be pleaded or proved in any case. It shall take effect fifteen (15) days from and after its adoption by the voters. Section 1.04. Definitions 1. Eligible voter. A resident of the City of Fridley who is qualified to register to vote. 2. Registered Voter. An eligible voter who is currently registered in the City of Fridley. 3. Voter. A registered voter who has voted in the City of Fridley within the last four years. 77 Jufn!:/ 4. Electorate. The whole body of eligible voters. Passed and adopted by the City Council of the City of Fridley on this 8 day of April, 2024. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk Public Hearing: April 8, 2024 First Reading: April 8, 2024 Second Reading: 78 Jufn!21/ AGENDA REPORT Meeting Date:April 8, 2024 Meeting Type:City Council Submitted By:Scott Hickok, Community DevelopmentDirector Title Ordinance No. 1422, Amending the Fridley City Code Chapter 105, Commissions, to Establish a Public Arts Commission Background In the fall of 2023, the City was alerted that an anonymous donor had provided a $100,000 donation to a public art initiative that the City of Fridley (City) had expressed as a goal when building the Civic Campus. Thedonation inspired advancement of the Art Initiative and theCity was aware that at least : 1. public engagement would be necessary to hear what the public desired as faras public art in the City 2. a task force to shape the input the public would offer into a structure for planning, reviewing, accepting and maintaining that art 3. a non-profit organization separate from the City to fundraise, accept the art donation and to partner In the fall, the City hosted a series of three public engagement meetings. These meetings were well attended and facilitated by Gretchen Nicholls and Barbara RayeofCDI, Minneapolis. The facilitators were instrumental in drawing out the creative notions of those who attended. The goal of the sessions was also to prepare a plan and recommendations for the Fridley City Council(Council)to help direct the initiative in a way the public saw s website in January. Great things have grown out of recommendations:a task force, the idea to create a 501C3 non-profit as the fund-raising arm and the direction to start small with installations so policy can form around the installations and the tax force can make a final policy plan document that includes not only suggested art installation locations, but set policy for rotation (if appropriate), temporary installations, maintenance, etc. The task force, while still a task force named the 501C3, Fridley Creative Arts Foundation. The formative legal documents necessary for a 501C3 are being reviewed and finalized at this time. Vision Statement We believe Fridley will be a safe, vibrant, friendly,and stable home for families and businesses. 79 Jufn!21/ The task force has so enthusiastically taken on its role that the Mayor and Council have asked that the task force be formally recognized as the Fridley Art Commission. The ordinance, once approved would transition the group from a task force to an Art Commission. The Public Arts Commission will be established to foster the development of the arts, to advise the Council on arts-related matters and to stimulate participation in and appreciation of the arts by residents. Financial Impact Absorbed. Recommendation Staff recommend the approval of Ordinance No. 1422, Amending the Fridley City Code Chapter 105, Commissions, to Establish a Public Arts Commission. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places X Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Ordinance No. 1422 Vision Statement We believe Fridley will be a safe, vibrant, friendly, and stable home for families and businesses. 7: Jufn!21/ Ordinance No. 1422 Amending the Fridley City Code Chapter 105, Commissions, to Establish a Public Arts Commission The City Council of the City of Fridley does ordain, after review, examination and staff recommendation that the Fridley City Code be amended as follows: Fridley City Code Chapter 105 Commissions 105.01 Purpose Pursuant to the Fridley City Charter Chapter 2, the Fridley City Council (Council) may create commissions with advisory powers to investigate any subject of interest to the City of Fridley (City). Advisory commissions provide for citizen input and are advisory to the Council. Advisory commissions shall have no decision-making authority, except as expressly established by the Fridley City Code or Minnesota Statutes (M.S.). 105.02 Commissions Generally 1. Membership (a)!Each commission, unless otherwise indicated, shall consist of seven Fridley residents appointed by Council. (b)!The Council will annually appoint, by Council resolution, a chairperson to each advisory commission. (c)!Each commission shall elect a vice chairperson. At any meeting of the commission if the chairperson is unable to attend, the vice chairperson shall act as chairperson. (d)!The commission members shall be appointed by the Council for three-year terms, except the Council shall make every effort to stagger the appointments so that the terms of no more than three members shall expire in any one year. Attempts shall be made to have all City wards represented on the commissions. Upon the expiration of their terms of office, members shall continue to serve until their successor shall have been appointed. 2. Vacancy Commission members may resign or be removed from office by a majority vote of the Council. The commission member appointed to fill any vacancy shall serve for the remainder of the vacated term. 81 Jufn!21/ 3. Organization (a)!Following the appointment of membership, each of the commissions shall meet, organize and with the exception of the chairperson, elect any officers, as it deems desirable. (b)!Adopt rules for its meetings and the transaction of its business, in order to fulfill the responsibilities of the commission. (c)!The chairperson shall assure the fulfillment of the following responsibilities: (1)!Call and preside over meetings of the commission. (2)!Appear or appoint a representative to appear, if deemed necessary, before the Council or any City commission pertaining to matters within the scope of the commission. (3)!Provide liaison with other governmental and citizens' groups pertaining to matters within the scope of the commission for the purpose of timely and relevant information for consideration by the commission. 4.!Staff Liaison The City Manager shall assign one member of staff to serve as Staff Liaison to each commission. The Staff Liaison shall perform only such duties on behalf of a commission as may be assigned by the chairperson and with the consent of the City Manager. Additional advisory staff shall be assigned to the commissions by the City Manager within the restraints of the adopted general fund budget. A Staff Liaison shall not serve as an appointed member of any City advisory commission. 5. Project Committees The commissions may establish special project committees to further the objectives of the commissions and provide for greater citizen participation. Such project committees shall be appointed by a commission for special projects and shall cease to exist when their activities are completed. The qualifications for membership, composition and duties of such project committees shall be at the discretion of the commission. The project committee may be chaired by a member of the commission, and at least one member of the commission shall act as a liaison for each project committee. 6. Compensation 82 Jufn!21/ The members of the commissions shall serve without pay, but may be reimbursed for actual expenses if funds therefore are provided in the adopted general fund budget. 7. Reports The commissions shall make such reports as requested by the Council. or Planning Commission. 8. Meetings Meetings shall be called by the chairperson and shall be held as necessary to fulfill the responsibilities of the commissions. All meetings of the commissions shall be open to the public. Minutes shall be kept of all meetings. Findings and recommendations shall be transmitted by the commission chairperson to the to the Council. 105.03 Planning Commission 1.!Commission Established There is hereby created a Planning Commission for the City of Fridley, Minnesota pursuant to M.S. Chapter 462. 2. Purpose (a)!The Planning Commission is established to provide comprehensive planning and zoning advice to the Council, provide a process by which the public may appeal staff interpretation of the Code, or request a variance to performance standards in the zoning chapters of the Code. (b) The Council hereby establishes the Planning Commission to serve as the Board of Appeals and Adjustments and exercise all authority and perform all functions of said Board pursuant to M.S. §§ 462.351 to 462.364 and operate according to this Code. 3. Scope (a)!The Planning Commission shall serve in an advisory capacity to the Council. Matters shall be referred to the Planning Commission by the Council, City Manager or chairperson of the member commissions, and may be assigned to the member commissions for detailed study and recommendations as required. All recommendations by the Planning Commission shall be made to the Council. (b)!The Planning Commission is charged with responsibility for community planning, growth and development of comprehensive goals and policies, including but not limited to, land use, housing, transportation, , and other related community activities. 83 Jufn!21/ (c)!The Planning Commission shall advise the Council in the development of programs to give increased effectiveness and direction in implementing established City goals and policies and recommend actions needed to carry out planning responsibility. 4. Appeals and Requests (a)!The Planning Commission shall hear and recommend to the Council appeals or requests in the following cases according to the procedures established in Chapters 128 and 205 of this Code: (1)!Appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by a City compliance official in the enforcement of the Code, or State Building Code. (2)!Requests for variances from the literal provisions of Code in instances where strict enforcement would cause practical difficulties due to circumstances unique to the individual property under consideration. 5. Membership of Planning Commission The Planning Commission shall consist of the Planning Commission chairperson, the chairperson of the Parks and Recreation Commission, the chairperson of the Environmental Quality and Energy Commission, and four members at large. Nothing herein shall prohibit any Planning Commission members from serving on other commissions; however, none of these shall be elected as chairperson or vice-chairperson of any other commissions. 105.04 Parks and Recreation Commission 1. Commission Established There is established a Parks and Recreation Commission for the City. 2. Purpose The Parks and Recreation Commission is established to promote the systematic and comprehensive development of park facilities and recreational activities necessary for the physical, mental and emotional health and well-being of the residents of the City. 3. Scope 84 Jufn!21/ (a)!The Parks and Recreation Commission shall act as an advisory commission to the Council for continuous community planning and development of comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies must be reviewed by the Council. (b)!The Parks and Recreation Commission shall advise the Council in the development of programs to give increased effectiveness and direction in implementing established City goals and policies and recommend actions as needed to provide park and recreational opportunities. 4. Program The Commission shall each year, prior to June 1, recommend a capital investment program for park improvement and acquisition and for public recreation activities for the ensuing year. 5. Funds For the purpose of financing the parks and recreation programs authorized by this Chapter, the accounting shall be the responsibility of the City Treasurer. The Commission shall be authorized to establish charges or fees for the restricted use of any facility or to make any phase of the recreation program wholly or partially self-sustaining. 105.05 Environmental Quality and Energy Commission 1. Commission Established There is established an Environmental Quality and Energy Commission for the City. 2. Purpose The Environmental Quality and Energy Commission is established to stimulate interest in and to promote an awareness of environmental and energy concerns among citizens and businesses of the City. It will serve as a resource to the City in the conservation and management of energy and the environment, including information on environmental problems, laws, policies, and regulations of the county, metropolitan, state, and federal levels to the extent of their effect on Fridley and advise the Council, the City Manager, and other appropriate City commissions on matters pertaining to conservation and management of energy and the environment, including the review and recommendation of programs and policies within the City. 3. Scope (a)!The Environmental Quality and Energy Commission shall act as an advisory commission to the Council for continuous community planning and development of 85 Jufn!21/ the comprehensive City goals and policies. Any change in related community planning and comprehensive City goals and policies must be reviewed by the Council. (b)!The Environmental Quality and Energy Commission shall advise the Council in the development of programs to give increased effectiveness and direction on implementing established City goals and policies, and recommend actions as needed relevant to the conservation and management of environmental and energy resources. 105.06 Public Arts Commission 1. Commission Established There is hereby created a Public Arts Commission for the City. 2. Purpose The Public Arts Commission is established to foster the development of the arts, to advise the Council on arts related matters and to stimulate participation in and appreciation of the arts by residents. 3. Scope (a) The Public Arts Commission serves in an advisory capacity to the Council on matters pertaining to visual public art within the City. The Commission develops a general policy for inclusion and approval of visual art in public places and projects as well as informs and educates the public about the importance and need for visual arts integration within public spaces, including parks, green space, City facilities and other buildings freely accessible to the public. (b) The Public Arts Commission promotes the acquisition, maintenance, and upkeep of works of art on sites throughout the City. (c) It may advise the City Council and other community groups and agencies who are initiating a public art project concerning the proposed site, selection of a professional artist and commissioning of a public artwork. The Commission shall cooperate with foundations, educational institutions, nonprofit organizations, other governmental agencies, and various civic groups to foster a broad public arts program for the community. 4. Membership of Public Arts Commission (a) Members must have an interest in the various studies of the arts. (b) Members must be residents of Fridley. 86 Jufn!21/ (b) Ex official members: (1) may be appointed by the Council; (2) may serve for specified terms; (3) are not required to live in the City; (4) may include persons under age 18;and (5) do not have voting privileges. 5. Annual Report Every year the Commission must make a written or oral report to the Council of the Commission's activities for the calendar year. Passed and adopted by the City Council of the City of Fridley on this xx day of \[Month\], 2024. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk First Reading: April 8, 2024 Second Reading: Summary Publication: 87