CCA 02/25/2013 �
� CITY COUNCIL MEETING OF FEBRUARY 25, 2013
CffY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
nationai origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need
an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta
Collins at 572-3500. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 11, 2013
NEW BUSINESS:
1. Resolution Scheduling a Public Hearing on an
Ordinance Amending the Fridley City Charter,
Chapter 4, Nominations and Elections, and
Directing Publication of Public Hearing Notice .............................................. 1 - 6
2. Resolution Scheduling a Public Hearing on an
Ordinance Amending the Fridley City Charter,
Chapter 5, Initiative, Referendum and Recall, and
Directing Publication of Public Hearing Notice .............................................. 7 - 14
3. Appointment— City Employee ....................................................................... 15
4. Claims (158485 — 158639) ........................................................................... 16 - 28
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 2
2. Second Reading of an Ordinance Amending Chapter 205.30, 0-5, of the Fridley
Zoning Code Pertaining to Clarifying Approved Locations for Telecommunications
Towers and Facilities and Adoption of a Map of Approved Tower Sites as Part of
Appendix A to Chapter 205.30 (Text Amendment, TA #12-04, by the City of
Fridley); and,
Adopt Official Title and Summary Ordinance.
Darin Nelson, Interim City Manager, stated a public hearing was held on January 7 with a first
reading on January 28. The changes from the first to second readings include some modifications
to the table of approved sites and corresponding map to better clarify the location of approved
telecommunication sites. Staff recommends Council's approval. Staff also recommends
approval of the summary ordinance for this text amendment.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1302 ON SECOND READING, AND ORDERED PUBLICATION OF THE OFFICIAL
TITLE AND SUMMARY ORDINANCE.
3. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to Telecommunications Fees (Text Amendment, TA #12-05, by the City
of Fridley).
Darin Nelson, Interim City Manager, stated a public hearing was held on January 7 with a
subsequent first reading on January 28. There were no language modifications from the first to
second readings. Staff recommends Council's approval.
ADOPTED ORDINANCE NO. 1303.
4. Resolution Ordering Advertisement for Bids: 2013 Miscellaneous Concrete Repair
Project No. 429.
Darin Nelson, Interim City Manager, stated this is an annual project which includes concrete
replacement of sidewalks, pavement, curbing, and other miscellaneous concrete work throughout
the City because of utility repairs and substandard conditions. The cost is estimated at $43,000
and is allocated through various funds and departments including water, sewer, streets, and
parks. Staff anticipates opening bids on March 6 and awarding the contract on March 11. Staff
recommends Council's approval.
ADOPTED RESOLUTION NO. 2013-09.
5. Approve Change Order No. 1 for the City of Fridley AV System Project.
Darin Nelson, Interim City Manager, stated this change arder upgrades the audio mixing
equipment to meet the City's audio and teleconferencing needs. It is further expandable if other
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 3
needs arise. The net amount of the change order is $806.91, and will be paid for with dedicated
equipment funds from the Cable TV Special Revenue Fund.
APPROVED.
6. Approve Change Order No. 3 for the City of Fridley AV System Project.
Darin Nelson, Interim Finance Director, stated this change order adds a scaler/receiver for the
document imaging camera located above the staff presentation area. The addition of a
scaler/receiver allows the document camera and computer outputs to be converted to a single
video output signal allowing the producer to switch between inputs. The amount of this change
order is $2,780.89 and will be paid for with the dedicated equipment funds from the Cable TV
Special Revenue Fund.
APPROVED.
7. Appointment- City Employee
Darin Nelson, Interim Finance Director, stated staff recommends the appointment of Taylor
Anderson to the position of Public Services Worker in the Parks Division. Mr. Anderson brings
with him broad experience in a variety of maintenance and trade functions including operating
his own business in landscaping and grounds maintenance. This appointment fills a vacancy
created when Tyson Jenkins resigned in May, 2012.
APPROVED.
8. Claims (158310 - 158484)
APPROVED.
9. Licenses
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
10. Estimates
Odland Protective Services
7655 Vernon Street
Rockford, NIN 55373
Watertower No. 1 Rehabilitation
Project No. 382
Estimate No. 2..............................................$ 23,650.00
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 4
CompView, Inc.
1410 Energy Park Drive
Suite 16
St. Paul, MN 55108
City of Fridley AV System Project
FINAL ESTIMATE...................................$ 34,399.12
APPROVED.
APPROVAL OF CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember
Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
(No one from the audience spoke.)
PUBLIC HEARING:
11. Consideration of the Final Scoping EAW Document of the Alternative Urban Area-
Review (AUAR) for the property generally located at 4800 East River Road (FMC
Site) (Ward 3).
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 7:42
P.M.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 5
Scott Hickok, Community Development Director, stated the AUAR scoping document is the
equivalent of an Environmental Assessment Worksheet. They are probably more familiar with
the EAW EIS process when they are talking about environmental reviews of very large projects.
There is an alternative to the EIS which is the AUAR, and it is staff s recommendation through
this process the City do an AUAR on the former FMC site, or more recently known as the BAE
site.
Mr. Hickok stated this document takes all of the environmental things you might consider here
and discounts the ones that really do not have to be considered because they are taken care of and
would not be relevant in this case. It puts every relevant piece of environmental analysis in the
scoping document and not only identifies it but also identifies how to proceed in taking care of it.
Mr. Hickok said for clarification, there is a 14-acre site at the southern end of the FMC site that
is a superfund site. That is not part of this consideration. However, 122 acres north of the site
contains 83 acres of the Naval Industrial Reserve Ordinance Plant (NIROP) Superfund site is
part of this consideration and will be part of this redevelopment.
Mr. Hickok stated the AUAR looks at soil contamination and regulated waste on the site. The
AUAR document will identify processes in place that are to be followed for long-term protection
of the groundwater. It looks at adjacent road capacity and impacts to those. It will evaluate
future use on this land. It will measure proposed uses against the existing use. It will consider
wildlife on the site. It will take a look at water. No supplier-protected wells are planned as part
of this development, but it will take a look at existing water. It will consider erosion and
sedimentation that might happen as part of this development. It will consider surface water
runoff, water quality, and wastewater, geologic hazards and soil conditions, solid waste and
storage tanks, traffic, and vehicle related emissions.
Mr. Hickok stated it will also consider stationary source emissions. These could be things like
boilers or exhaust vents, etc. They will consider odors, noise, and dust. It will consider nearby
resources, historic and archeological. In the study, it talks about two historic houses along East
River Road and consideration of those. It will consider adverse visual impacts and compatibility
with plans which would be comprehensive plan, zoning, etc. It will also consider compatibility
with its own plans that were identified as options. It will also consider impact on infrastructure
and public services. All cumulative impacts of the 122 acres are already being considered. Also
other environmental impacts are being considered as part of this document as well.
Mr. Hickok stated taking all of the environmental considerations and putting it into focus now �
and adopting a document that gives marching orders to move forward, the formal AUAR process
would begin tomorrow. They would take the scoping document and build an AUAR consistent
with that and answer the questions that have been outlined in the scoping document.
Mr. Hickok stated on February 25, there would be a submission to the EQB (Environmental
Quality Board for the State of Minnesota) for notification of AUAR preparation. On March 4
the EQB publication of AUAR preparation notice would be posted. On March 18 there would be
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11,2013 PAGE 6
a complete graph of the AUAR submitted back for Fridley staff to review. On April 8, the
AUAR would be submitted to the EQB for publication. On April 15, the EQB publication of
AUAR availability and public input meeting would be announced through another public
announcement of a couple types. The EQB would publish this and would begin a 30-day
comment period again that would run from April 15 through May 15.
Mr. Hickok stated on May 1, like they did last time on January 9 mid-way through the 30-day
comment period, they had a public hearing for people who had questions or comments. They
would have a similar meeting for the formal AUAR. From May 16 to May 31, responses to
comments would be applied and the AUAR revised. On June 3, the revised AUAR would be
submitted to the City for review. On June 17 that revised AUAR would go to the EQB for
publication. It would be published on June 24. From June 24 through July 8, there would be a
third comment period. On July 22, they would bring the AUAR back to Council for their final
approval. On July 29, they would send notification to the EQB of the adequacy of the AUAR.
On August 5, the EQB would publish the adequacy of the document in the EQB Monitor, and
this process would be completed.
Mr. Hickok stated the scoping document is complete and staff recommends Council's approval.
Councilmember Saefke stated in Appendix B there is a document from Mr. Kosluchar stating
that some other governmental agencies should be informed about this. His only concern is the
Mississippi Watershed Management Organization. He knows it was mentioned and one of the
primary difficulties that the MWMO has is they do not normally get the plans for development
until it is too late to do anything. They would like to have this document and preliminary plans
before construction begins so they can make recommendations that could be incorporated into
the development. He realizes the MWMO is not a permitting agency and Mr. Kosluchar's memo
defines that, but they usually have the watershed authority, whichever development is in, take a ',
look at the stuff beforehand. Oftentimes they have had Rice Creek Watershed take a look at stuff '
and get their approval before development begins.
Councilmember Saefke stated Well No. 13 is there. He did not see anything in there discussing
the total responsible parties for the contamination of the soils in that area. He asked if
responsible parties are kicking in to this development and what influence it is having on Well
No. 13. He said he knows there is remediation work going on there right now to capture the
contaminated groundwater. He is wondering what influence that pocket of contamination is
having on the City's well and whether it is restricting the use of that well and, if it is, who or
what is going to remediate the loss of a perfectly good well that they cannot use because of
contaminated groundwater on the NIROP property and the FMC property. He wonders if those
things have been addressed or will be addressed. The City does have quite an investment at Well
No. 13. There is a large industrial area in that general area, and it is the only source of water
origination. If there was a fire or something, it used to be set up so in case there was a drop in
pressure, that well would automatically come on to provide fire service water from that direction
because that is the City's southernmost source of water. He asked if that had been contemplated
and if responsible parties are going to remedy the situation if they cannot use that well.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11 2013 PAGE 7
Mr. Hickok stated notifying the Mississippi Watershed District early is a point very well taken.
They will do everything they can to make sure they get their information as early as they can to
be able to respond. As far as Well No. 13, there are probably other people who are better
equipped to respond, but this is a project about cleaning up. This is not a project about putting
contamination into the soil; it is about cleaning up existing contamination. Liabilities rest with
the originators of the contamination, and the good news for us is much is being relieved in the
site in terms of contamination. It is really important they understand and make a distinction that
the AUAR hopes to identify anything that would be a further impact, be it emissions, erosion,
etc. The groundwater plume that is affecting Well No. 13 is there now, and what is being done
as a part of this development is to clean up and relieve them of some of that which is already
there in the earth.
Paul Hyde, Hyde Development, stated they have been working on redeveloping the former
NIROP/FMC site for almost a year. They have come a long way. They have spent an enormous
amount of time in understanding the environmental issues on the site. It is a federal superfund
site. This is their fourth site they have done. Their second one was here in Fridley, the former
Boise-Onan Medtronics site. They are used to working on these sorts of projects. The key is to
really be able to understand what the end use is in terms of real estate, and then fitting that with
the existing environmental condition and then working with the regulatory bodies, both the City,
the state pollution control agency and, in this case, United States EPA. They have had a
spectacular round of ineetings with those agencies over the last 8 to 12 weeks. Both here locally
and in Chicago with the EPA. They really think they have a good program going forward to
incorporate their redevelopment project into the existing monitored ongoing and in-place cleanup
efforts.
Mr. Hyde stated their redevelopment is not going to do anything to the existing groundwater
system. As to Well No. 13, that is a very good question. That is not anything their development
changes. All that is being reviewed and overseen by the state and federal government as it has
been for 20 years. They believe their project will actually make it better by ultimately being able
to redevelopment the area underneath the existing building. It will improve the efficacy of that
groundwater system. Perhaps bring new technology to bear in terms of remediating the
groundwater system and ultimately bringing jobs and tax base back to the site. That is their goal.
Mr. Hyde stated the scope of this particular document is a very broad scope of identifying
potential issues. Everything from traffic, to groundwater, to air emissions. That is the purpose
of this particular meeting tonight. Every single building, every shovel they put in the dirt will be
reviewed, overseen and approved by both the federal and state governments; and that will
ultimately lead to their project from beginning to end. Perhaps up to 12 different buildings being
reviewed and approved and certified as environmentally safe by both the state and federal
governments. This is just the beginning on a very large, statutorily-mandated environmental
impact statement process and it could be a five- to nine-year process. Every single piece of
ground they are encountering, redeveloping, and working on will be reviewed, tested, and
overseen by the appropriate regulatory bodies. That is as much as he can answer at this point.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY ll,2013 PAGE 8
Councilmember Bolkcom asked as far as Well No. 13 or anything else and the agencies that
have been working on the contamination, the ownership does not go away with this project.
Mr. Hyde replied by virtue of them acquiring the site, both state and federal law mandates that
the ultimate environmental liability still rests with the responsible party--in this case the United
States Navy. There is an agreement called the "Federal Facilities Agreement (FFA)" binding
three different agencies to the cleanup of this site. That is the Navy, Minnesota Pollution Control
Agency, and the U.S. EPA. None of that changes by virtue of their redevelopment. They are
reviewing and overseeing the environmental issues to the best of their ability on the site. What
they are saying is, okay, that is done. That is what you are working on. How can they make it
better and incorporate what they want to build. That is for the Minnesota Pollution Control
Agency's voluntary cleanup unit which is designed and statutorily enabled to do just this sort of
thing--incorporate new development on polluted sites. They were the first program in the United
States to come up with this. This was 1992 and they have been leading the country ever since in
incorporating new development on polluted infill sites which brings jobs, tax base, and pollution
cleanup into cities like Fridley, Brooklyn Center, Minneapolis, and St. Louis Park. That is what
this program is designed to do. And they are going to do continue to do what they have been
doing for many years.
Councilmember Bolkcom said part of the whole thing is to do something on a site they could
not do before. She asked if it would cause anyone to be harmed in any way. They will be
cleaning up some of that stuff that has been left there because no one has been moving any dirt,
etc. to put in new buildings.
Mr. Hyde stated the only thing that is changing is the building is falling apart. The
environmental issue has not changed. The building does not have a useful life anymore. Now it
is time to redevelop the site. How do they incorporate the next iteration of useful life in terms of
commercial redevelopment on this site into the existing environmental situation? That is what
they are about to do.
Councilmember Bolkcom asked if anything said at the public meeting and the public hearing
tonight will be incorporated into some report or if he will summarize it.
Mr. Hickok replied they collected the comments from the January 9 public meeting and all of
the comments that came in during the 30-day comment period. Those are all in Appendix B.
Tonight is a public hearing by virtue of staff's choice, not by law. They wanted this process to
be as transparent as possible and as public involved as possible. However, this meeting will have
a standard set of minutes that will be placed in this file and will serve as help for Council. This
is really their question and answer period and that of the public if they are curious or if they were
puzzled about a certain piece of the project. They will come back during the time period that
was outlined, April 15 to May 15. They will have another 30 days to comment on the AUAR,
now the final document, and then once it goes into the EQB and is published, there will be
another 10-day period they will have an opportunity to comment. They want to see people's
comments, understand what people's concerns are, and have this document address those.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11,2013 PAGE 9
Councilmember Bolkcom asked, if there was going to be a public document anywhere so
someone could actually read it after the program tonight.
Mr. Hickok replied, yes. There was a link on the City's website through the 30-day comment
period. Now that they have this document it will be on the website. When they get to the next
round of AUAR, much like this one, there is a whole list of people who get it, including staff at
the library across the street and the City's front desk.
Councilmember Bolkcom asked if Anoka County made any comments.
Mr. Hickok replied yes, they did.
Councilmember Bolkcom said on Page 4, the fourth paragraph down, it says there will be no
public roads. Do they absolutely know there will be no public roads or any improvements not
knowing what the exact development will be there? They are looking at 2016 or beyond and
also they had the whole East River Road corridor study done and the increase in numbers. Has
all that been taken into account? What would happen in this development if some huge building
went in there? Hopefully there will be a lot of buildings here with a lot of employees. There
would be no reason to have any improvements or any turn lanes, etc.?
Mr. Hickok replied in the document, there are an Option 1 and an Option 2. This is saying that
inside the public road system that exists right now there will be a private road system. As far as
the comment about traffic numbers, this anticipates development and emissions at intersections
and those kinds of things. It is not saying it is blind to those facts. It is just simply stating that
based on the proposals as submitted, they are not anticipating that any future infrastructure
outside of this project would be necessary.
Councilmember Bolkcom asked whether they are not anticipating any traffic issues, such as
going from an A to a D, because of the road coming out of there.
Mr. Hickok replied that is why it was really important to involve the County in this process.
One of the things that is important to remember is this site was developed and at one time had
over 5,000 employees on it. The idea is to bring it back. They would love to have 5,000
employees on this site again. However, in terms of the infrastructure that is in place, it was
designed and built for heavy shipments of artillery in and out of the site and also for the traffic
numbers that anticipated jobs on the site of 4,500 people.
Councilmember Bolkcom stated she recalled at 3:30 p.m., it was not a place you wanted to be
because people were leaving. Have they anticipated the people going in and out of that site?
Mr. Hickok replied the study anticipates that it will be looking at emissions at intersections and
those kind of things.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 10
Councilmember Bolkcom asked if they will be looking at that.
Mr. Hickok replied, yes.
Councilmember Bolkcom asked on Page 5, it says, "Explain the project purpose; if the project
will be carried out by a government unit, explain the need for the project and identify its
beneficiaries." She asked them to explain the question.
Mr. Hickok replied, to understand the outline a little bit, this is like a form document that the
EQB provides, and it is filling in the answers. The highlighted bold question is what the EQB is
asking the developer. The answer is below: "Purpose is reuse of an underutilized and
contaminated site."
Councilmember Bolkcom asked whether the project will be carried out by a government unit, is
that because the City is involved in it as a government.
Mr. Hickok replied, we are the responsible governmental unit that makes certain that when this
development happens it happens in accordance with the law. In that way, the City is involved as
a governmental unit. This response is basically indicating what it is the City is overseeing, and
that is the reuse and underutilization of a contaminated site.
Councilmember Bolkcom asked regarding Question No. 8, everything, including tax increment
financing, cannot be completed until all the final decisions.
Mr. Hickok replied, the way our tax increment financing is structured is that there are a couple
of pieces of there. There is the more common kind they are familiar with that is pay as you go.
As the pieces develop. There is also a hazardous substance subdistrict here. There are special
provisions in the law that allows money to be spent in different ways. On the more standard type
you will see that happen as Mr. Hyde moves ahead and does the first phase, the first building.
There will be draws once they reach a certain benchmark. However, as far as some of the
cleanup costs, some of that hazardous substance money will be released early in the process to
help with some of that cleanup. It is structured. The laws relative to both the hazardous
subdistrict and the TIF recognize that there needs to be certain things done with the
environmental piece before there are releases. However, the one case is a bit different district
than what they are used to dealing with and that is that hazardous substandard sub district. That
is one basically created so they are able to help fund some of the cleanup where those costs are
extraardinary and need financial help to do.
Councilmember Bolkcom stated but it says no final decisions can be made until all the
appropriate environmental reviews are done.
Mr. Hickok replied, the HRA has been in the process with Mr. Hyde on this for about a year.
The foundation is basically laid, and the HRA has agreed to do two forms of tax increment
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11,2013 PAGE 11
financing. However, it does take the AUAR to be completed in order to continue moving ahead
with the development. That is true and that is correct.
Councilmember Bolkcom asked on Page 6, what a "Response Action Plan approval" is and
what a"Voluntary Response Action Agreement approval" is.
Mr. Hickok deferred to Mr. Hyde.
Mr. Hyde replied a voluntary response action agreement is a document that binds themselves to
the State Pollution Control Agency to a plan and program for them submitting investigation
plans and response action plans (RAPs) which is the cleanup plan. That is the plan that governs
how they are going to clean up what they find on the site and what they are going to ultimately
build. Once they implement the cleanup plan and build the building, they provide a report to the
State to document how they have cleaned up the site, what they have built, and the State provides
the appropriate liability protection. In this case a Certificate of Completion that certifies they
have done everything possible on their end to redevelop and clean up that particular site.
Councilmember Bolkcom stated that is an unusual name for it.
Mr. Hyde replied that is the whole nature. What has been going on in this site for 20 years has
been an endorsement action from the state and federal government against the United States
Navy. The Navy did not volunteer for this. They polluted it and they are the responsible party.
Their development firm is volunteering. They did not put it there. They are volunteering to �
clean up what they find and to redevelop the site. The volunteering nature of what they are
doing and the review and oversight of that by the Minnesota Pollution Control Agency is part of
the voluntary investigation and clean-up or VIC program created by an amendment to the State
superfund law in 1992 that has allowed the redevelopment of polluted property across the state
for the last 20 years.
Mr. Hickok stated they may recognize RAP as they recently talked about that on the CITGO
site. There is a RAP in place for that once it decides to redevelop that they will need to follow.
Councilmember Bolkcom asked what is a SWPPP.
James Kosluchar, Public Works Director, replied, stormwater pollution prevention plan. When
it is referenced in this document it is talking about typically erosion control during construction
and post-construction water quality improvements to this site.
Councilmember Bolkcom said with respect to the top paragraph on Page 16, "The proposed
land uses being studied by the AUAR are largely industrial in nature, so examining impacts and
surrounding areas based on a change in land use will be unnecessary. No further evaluation of
land use will be provided by the AUAR." What does that mean?
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY ll, 2013 PAGE 12
Mr. Hickok replied, it is industrial now and it will be industrial. If, for example, they were
going to take it to a residential standard and clean up and demolish the industrial site, the
standards for cleanup are very different for a residential standard. They are going industrial to
industrial. That further level of analysis they might do for residential is not going to be required
because they are taking down 1.8 million square feet of building, and they axe going to be
building between 1.5 to 1.8 million square feet of building back there of a similar industrial
nature.
Councilmember Bolkcom asked is it not going to be quite different from what is there now?
Could there not be an impact? It has been sitting vacant.
Mr. Hickok replied think about this in terms of the industrial sites that are out there. Do you put
your industrial buildings that have been sitting vacant and now are occupied through some sort
of additional test, even though it has been sitting empty for a while and the new user who is
coming in is quite different from Mayflower Transport who used to be there? They do not have
them go through any additional analysis. It is industrial to industrial. The City's zoning code is
set up to basically define what uses are permitted but not necessarily down to different types of
industrial use. They have heavy industrial, light industrial, and outdoor intensive industrial.
They even have some manufacturing only. There is not going to be any further analysis based on
one type of industry vs. another type.
Mr. Hyde stated they are still going to spend a lot of money making it a dramatically improved,
far more diverse, business park, with 30 different businesses instead of 1 business.
Councilmember Bolkcom stated that is what is confusing to her is they are going to bring in a
bunch of businesses.
Mr. Hyde stated they are taking a functionally obsolete 60 to 70 year old manufacturing building
with holes in the roof and replacing it with perhaps 12 new industrial buildings that could be
home to 30 or more tenants. They are going to require them to spend $80 to $100 million dollars
to get that to be the case. From a planning perspective, from what is going to occur in terms of
capital investment and tenant uses and tax base, it is different.
Councilmember Bolkcom asked as they are getting rid of an obsolete building and putting in
new buildings there, how it cannot impact the surrounding area.
Mr. Hickok stated he thinks her fear is quite well-founded but new industrial development has
enough tests and standards that it must live by. What this is saying is when the developer takes
out 1.8 million square feet of a building but replaces it with 12 buildings, there is going to be a
modern standard. Ponding will be required, as well as all the things a modern building is
required to have. It will need to pass different tests. This is not just to say, we are blindly going
to say 12 buildings are okay where 1 big building used to be. Each building will have its own
form of analysis.
I
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11,2013 PAGE 13
Councilmember Bolkcom said the third paragraph on Page 17, talks a lot about redevelopment
and long-term solutions for groundwater and the whole action related to damage. How is that
assessed then? It is related to contamination and the impacts to the whole Mississippi River and
fish. What happens if they start digging something up and find something incredible that no one
knew was there. There was a lot of dumping there. There still could be some impact to the fish
and Mississippi because of the remediation going on there now. That water is being pumped into
the Mississippi.
Mr. Hickok replied he thinks what she is asking is whether there will be additional impacts the
City should worry about to the fish in the river, and how is that being monitored through this
process.
Councilmember Bolkcom replied, right.
Mr. Hickok stated he does think it goes back to in part to what Mr. Hyde talked about with this
being an improvement to the site. They are not changing the Navy's damage that has been done
and the testing they have to do, etc. However, this development is going to make it better, and
Mr. Hyde will tell them to expect to find all sorts of stuff that will make it better and potentially
could make it better for what goes into the river. There is nothing new that is planned as part of
the new development that is going to be contaminating that. The testing will still have to happen.
The damage to fish, if it is happening right now, based on the Navy's contamination of this site,
is an unfortunate thing. Testing will still have to happen. They will still have to be on the hook
for that. However, it will now be getting better. It will get cleaned up and the contamination and
stuff they find will be cleaned up. All of that can have a positive impact on what eventually runs
to the river. That is the good news for us.
Councilmember Bolkcom said first paragraph on Page 18 indicates that the physical impacts to
the water will not be addressed; but Mr. Hickok is saying it will be addressed when there is
actual development going on there and something additional is found.
Mr. Hyde replied, there is an existing groundwater system in place which has been there for a
long time. Their development is not changing that. To the extent they run into a new hot spot or
something under a building that no one has found, they will have to clean it up. To the extent
they have a modification to the groundwater system, they have done this previously on four
superfund sites. There are some wells that maybe will have to be moved to be in a better spot
that could not be moved before because there was a building there. They will work with the
Navy, the PCA, and EPA to do that. Before anything happens, it will have to not only be blessed
by their environmental engineers but those of the Navy and the state and federal government.
Councilmember Bolkcom asked who bears that cost.
Mr. Hyde replied, they do as the redeveloper of the project. The reason is because under the
existing document that governs the cleanup between the Navy and the state and federal
government, the Navy has met their obligations. They are not obligated to redevelop the site,
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11,2013 PAGE 14
they are obligated to clean up what is there today. The developer's obligation is to take it to the
next step. That is why the grant program is in place. That is why tax increment is created to do
this, to be able to get it over that next hurdle towards ultimately being redeveloped from where it
has been left.
Councilmember Bolkcom asked but there is no City cost involved in that other than the tax
increment financing that is happening which is a whole separate issue.
Mr. Hyde replied, right.
Councilmember Bolkcom asked on the bottom of that page, it mentions the water tower. Why
would a water tower that is currently dry stay?
Mr. Hyde replied their plan is to tear that down. The purpose of this document is to not paint
anybody into a corner in terms of keeping it, but it is not in use at this time.
Councilmember Bolkcom asked on the bottom of Page 19, is says water-related land use
management districts will not be addressed. What is that saying?
Mr. Hickok replied, he believes that is directly related to the two proposals that they have
submitted are leaning towards no additional water-related land use management being necessary
there. Neither of the options, 1 or 2, would require anything additional beyond what they would
normally be doing as part of that standard review process.
Councilmember Bolkcom asked on Page 20, the water surface use, No. 15, how could a big
project happen that would not affect the water bodies or water craft on the river.
Mr. Hyde replied, they are actually developing less than is there now. There is about 2 million
square feet of building, it will be 1.5 million or a little more. They are not planning on using any
barge or river traffic for�their development. They are not using any surface water to address the
tenants who might be on the project.
Councilmember Bolkcom asked the second paragraph from the bottom on Page 20, says
approximately 122 acres will be regraded with 300,000 cubic yards estimated to be moved away
from the site. Would that be moved to a different part of the site?
Mr. Hyde replied, moved around. They are going to do a significant amount of regrading.
There will be new stormwater ponds on the site. Currently stormwater is not being treated.
There will be different building elevations with dock areas and truck ports. There will be a
significant mass grading effort that will be going on at the site. Over 5 to 9 years all those
buildings will be tested, approved, implemented, reported, documented, with the State pollution
control agency.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 15
Councilmember Bolkcom asked if someone would explain the last paragraph on Page 25. That
is the whole response action plan they talked about. Does this address that?
Mr. Hyde replied they are trying to talk about a reduction in the mass of contaminated soils that
now exist. They will either treat stuff on site or off site if they find polluted soil under the
building. The areas south and north of building have been investigated. That cleanup has been
implemented. There has not been an opportunity to get at stuff under the building as it is still
there. To the extent they encounter impacted soil that fails the industrial cleanup standard, it will
be treated or removed. That actually reduces the amount of polluted soil on the site that has been
there for 20 years. It has been here for 60 or 70 years and is there today. In the event you have
to remove the impacted soil it actually improves the efficacy of the groundwater system in that it
is not fighting what might be underneath the building.
Councilmember Bolkcom asked whether there would be some soils left there as the second
paragraph talks about a vapor barrier system.
Mr. Hyde replied, absolutely. One of the primary impacts on the site is chlorinated solvents.
Chlorinated solvents volatilize. Think of yourself as pumping gas and you can kind of see the
fumes. To the extent again they are not only testing soils for the soil cleanup standard. They are
also testing for the vapor standards. Vapors are a very important issue these days. To the extent
they are concerned about vapors, they are going to have vapor venting systems underneath the
buildings. They have done this for 13 years in their buildings. They put a liner underneath the
building floor, pipes underneath that liner, add a sand (either passive or an active system) that
draws air through those pipes and clean vapors out so they do not enter the workspace. That
system is fairly sophisticated. They did their first one in 1999. To the extent you are concerned
about those chlorinated solvents volatilizing on the site, you are going to have vapor systems
underneath the building slab designed, reviewed, and approved by the state pollution control
agency.
Councilmember Bolkcom asked and the fans are blowing it where?
Mr. Hyde replied, out into the atmosphere where it volatilizes and defuses into the air. Right
now to the extent those vapors are there, they may be trapped beneath the building slab or
escaping into the workspace. The cleanup will remove the free product which is the source of
the vapors to the extent there are any residual vapors. You have a vapor system underneath the
building slab that prevents any further vapors from migrating into the workspace.
Councilmember Bolkcom stated but he is saying it goes into the air.
Mr. Hyde stated it goes out into the air anyway. That is where the vapors are going today. All
reviewed and approved remediation, the latest state of art vapor treatment systems reviewed and
approved by the state and federal government.
I
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 16
Councilmember Bolkcom asked what is an ADT referred to on the bottom of Page 28.
Mr. Hickok replied, average daily trips.
Councilmember Bolkcom asked on Page 29, No. 22, depending on how many parking spaces
there are, would there be detailed air qualities related to that.
Mr. Hickok replied that is basically restating the thresholds that is spelled out in the EQB
guidelines for meeting a study. If there are over 500 parking stalls. They already know from the
two site plans how many parking stalls there are. They know they are going to be over that, and
it is telling us they will have to study it then.
Councilmember Bolkcom said on Page 32, it talks about this will not change any existing
sources related to the parks and Riverfront Islands. Do they anticipate a fair amount of dust such
as when you see a big project going on? Could they see some air quality and other issues related
to actually using Riverfront Park?
Mr. Hickok replied, that is why it is outlined here and that is an issue. It is an emission that you
do not want. A controlled site does not have that kind of dust. It is watered so it does not
transfer to other properties. Through the development process, those standards are going to have
to be met where the dust is controlled through watering and other methods.
Councilmember Bolkcom asked they know if there is some wildlife existing on this site.
Mr. Hickok replied there has been an early analysis. He is not aware of any migrating birds or
any other species that are taking habitation there.
Councilmember Bolkcom referred to the woman's comment relating to tearing up concrete, she
asked Mr. Hickok to explain the response.
Mr. Hickok replied, there was a response by Mr. Hyde after the meeting and there was a written
comment that came in after as a follow-up to that. He asked Mr. Hyde to comment again about
any contamination related to it.
Mr. Hyde replied one of the important lead building elements is to reuse the concrete. You do
not want to mine a limestone quarry and have this crushed concrete just crushed when it is a
perfectly suitable sub-base material for your parking lot or building slab. What you do to cover
yourself to make sure you are not creating anymore environmental issues with that is to sample
the concrete before you crush it. You look for particular contaminates in the concrete and, again,
something that is done many times. If you see some staining perhaps in the samples, you do not
crush that. It gets sent off to a disposal facility.
Mayor Lund asked whether there is a possibility of using contaminated soils or crushed
concrete and having it burned.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 17
Mr. Hyde replied, not on site. What they have developed with the help of the Pollution Control
Agency is a cleanup standard for the pollutants that they are concerned about on site. They
already know what they are. They have been looked at for 20+ years. The PCA then guides
them as to what can stay on site and what has to leave and also guides on how the stuff that is left
has to be treated and disposed of. They will follow that guidance with their cleanup.
Councilmember Barnette stated about two weeks ago there was a meeting where some
community advisory groups were being organized, and one of their focuses was going to be on
the superfund area. One of the things he found interesting and kind of discerning in a way is that
elected officials were not invited to be on those advisory groups. He imagines they will be
organizing in the next three or four weeks, and that is one of the things they are looking at is
these superfund sites.
Mayor Lund stated he has understood them to be "citizen" advisory groups and would not
include elected officials but does not mean they could not sit in on them.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 8:50
P.M.
NEW BUSINESS:
12. Resolution to Approve the Scoping Document for the Alternative urban Area-Wide
Review (ARAR) for the Redevelopment of the FMC Site (Ward 3).
MOTION by Councilmember Bolkcom to receive a revised resolution which has two additional
new paragraphs. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2013-10. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Resolution to Approve Application for Safe Routes to Schools Infrastructure Funds
for Improved Bike/Pedestrian Access to Fridley Middle School on 61St Avenue, West
Moore Lake Drive and 7t" Street (Ward 1).
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 18
Julie Jones, Planning Manager, stated as they have an existing Safe Routes to Schools grant for
the Fridley School District which staff is in the midst of administering currently. This will be the
City's second one if they are successful in obtaining it. This program is federal funding that is
administered by MnDOT. This round of funding is for infrastructure funds where the City can
actually do physical improvements, not just plan for them.
Ms. Jones stated grant applications can be made up to $300,000. In this program, they are
allowed to include design and construction oversight costs as well, which is a good thing. In
case the City's engineering staff is busy warking on street improvement projects, the grant funds
can be used to hire an engineering firm to help with oversight on the project. If they are
successful in getting grant funds, the project must be completed by June 30, 2014; and the
submittal deadline is this coming Friday.
Ms. Jones said the reason why the City is more concerned about getting kids biking to school is,
if anyone has driven through the areas between the middle school and Fridley high school about
8 a.m. or 3 p.m., they know the City experiences tremendous traffic congestion in that area. The
City is interested in getting more people allowing their kids to bike rather than walk to school to
help alleviate traffic congestion. Some of the congestion the City will never be able to relieve
with the Safe Routes to School grant because as many as a third of the middle school students
come from outside the district. The Ivy Schools program in Fridley is very popular and is a real
draw for other communities, and a lot of the students are being driven to school.
Ms. Jones stated they know that kids are not getting enough exercise. They are seeing that in
rising obesity and diabetes rates. There is a lot of emphasis in trying to find new ways for kids to
get exercise. They are also seeing research documenting that kids actually learn better in the
classroom if they have had experience biking or walking to school.
Ms. Jones stated of course safer paths for kids walking to school translates into safer recreational
paths for residents as well, which is why staff is interested in pursuing this. Also, in 2010 the
City's former environmental planner, Rachel Harris, had formed a committee related to the SHIP
(State Health Improvement Program) grant and asked the committee to analyze and rank
different sections of the City where it had missing trail sections of disconnect trail sections. It is
interesting to note that two of the top three ranked spots of concern for them are the two they are
looking at in this grant application. One being on Seventh Street, from 59rh to 53`d, and the other
being on 61 S`from the train station over to Stinson Boulevard.
Mr. Jones stated another thing that has happened as part of that SHIP program was the City
hired an engineering consulting firm to look at various segments of roadway. She showed a
drawing of one of the segments that was in their report to the City. The section is on 61 S'Avenue
and looking at how it could be laid out. The layout is what the City is proposing to pursue
funding for in this grant application. Removing the street parking on one side of the street, on
the north side of 61 S` Street, and making room for a bike lane. There would be bike lanes on both
sides of the roadway. They would keep the existing sidewalk infrastructure in place.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 19
Ms. Jones stated what is new about this grant proposal is addressing the problem of what do you
do with those bike lanes when you get close to the intersections of highways, such as Highways
47 and 65, where there is not enough room in the right-of-way to bring that cyclist to the
intersection on the existing paved roadway. The concept that SRF came up with in their study
was to create sections of transition where you would bring that on-road bike lane off-road onto
the existing sidewalk and widen that sidewalk to make it a multi-use area which both walkers
and bikers could share.
Ms. Jones stated what is being proposed in the drawing is for both Highways 47 and 65 as well
as in front of the middle school where there really is a need for special events to have parking
remain on both sides of the street.
Ms. Jones stated she showed a drawing on how the road striping could be restructured on
Seventh Street to accommodate a 10-foot wide raised bike trail, again by removing parking on
one side of the street. They are proposing that parking be removed from the east side of Seventh
Street so that the trail could be on the school side of the roadway to avoid kids having to cross
the street multiple times to get to school. That multi-use path would be 10-feet wide and could
be accommodated for bikers and walkers combined on one side.
Ms. Jones stated they have prepared a map to be submitted with the grant application that shows
the line in green where the new proposed bike lanes would be running from Starlite Boulevard
(where the Northstar train station is) east over to Highway 65. The areas in the yellow boxes are
areas of more detail where the City is showing where those bike transaction points would be.
Where the on-road bike lane would transition into an off-road trail.
Ms. Jones stated in front of the middle school, they are proposing to create a new multi-use trail
on the sand dunes side of West Moore Lake Drive which will be a nice improvement for the park
there as well as on the north side of the street to keep cyclists out of the roadway during the
school start and end times.
Ms. Jones stated on Highway 65, there will be transitioning of the bike lane off the street onto
the sidewalk, in front of Miller Funeral Home in front of St. Phillip's Church over by Highway
65.
Ms. Jones stated staff recommends Council's approval. They are still waiting for some more
detailed cost results from an engineering consultant for the City's grant application. They are
anticipating the costs of this project to be right around the $300,000 maximum of the grant. This
is a highly competitive grant, and they know this is going to be a tough one to get as a lot of
people are going for this last round of funding. If the costs come back higher, staff will be
bringing this back of course for Council review.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 20
Councilmember Bolkcom said if this is something they are going to be doing, they need to look
at developing a policy to keep these cleaned up in the wintertime. They need some costs on the
numbers related to maintenance, as this continues to grow with people walking and biking.
Mayor Lund stated regarding the east-west bikeway going all the way to Stinson, the map only
shows areas up to Highway 65. His concern is what happens on the other side?
Ms. Jones stated in the grant application they are only proposing to go to Highway 65. They do
not feel they would have funding to go any further. That would be a future project.
MOTION by Councilmember Barnette to adopt Resolution No. 2013-11. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Approve Change Order No. 3 for 2012 Street Rehabilitation Project No. ST2012-01.
James Kosluchar, Public Works Director, stated there are some additional workups in the
contract he will summarize: pavement marking, material substitution, subsoil and base
correction, some concrete sidewalk that was modified/added, some water main repairs that were
necessary, and enhancements to some infiltration water quality facilities that were constructed
with the project.
Mr. Kosluchar stated Item No. 1 is to replace the type of pavement marking. They typically
specify a poly pre-form material. It has been very costly, and they did want to examine the
possibility of using epoxy paint. Epoxy paint has been known to last nearly as long and they
wanted to try it in this area. That is a cost savings of$15,800 in that change.
Mr. Kosluchar stated regarding hydrant extension, there was one particular hydrant where there
was an extension required to meet grade. The water line at that point was unusually deep.
Mr. Kosluchar stated the bigger item on the roadway piece was an insufficient base that was
found on three MSAS streets. These require a thicker section of aggregate base and pavement
than local streets. City records and soil exploration/borings did not identify that as a deficiency.
Staff saw a good base. They happened to hit it probably in good locations. There was about
1,500 feet of the MSAS streets that were required to be reclaimed and reconstructed rather than
reclaimed and paved. Basically they had to add gravel base underneath the City's typical reclaim
operation. That cost was just over $30,000 for that change on 1,500 feet of street.
Mr. Kosluchar stated regarding concrete sidewalk, staff actually did not include a bid item in
the plans. The reason being they were going to have the City's miscellaneous concrete
contractor do some of this work. The pedestrian ramps that needed to be upgraded to ADA
requirements were actually less costly through the street contractor; and their contractor was
F_RIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 21
actually available. The City's miscellaneous concrete contractor was swamped with work last
year and it was very difficult to get them there in a timely fashion. Therefore, staff made the
change and asked them to install the concrete ADA compliant ramps alongside the paving.
Mr. Kosluchar stated they also had manhole modification for a pipe netwark. They had an
added cost of$459.40 to adjust some manholes on the pipe network.
Mr. Kosluchar stated regarding Item No. 6, the City had a sinkhole that developed adjacent to
some storm sewer work. The pipe was located on sewer easement on two private properties in
their front yards, and steps determined the pipe required replacement and the sinkhole was
restored. The pipe was upsized to 21 inches. This was right adjacent to the Change Order No. 2
item that was in the right-of-way.
Mr. Kosluchar stated Item No. 7 was for additional riprap. There was an infiltration pond
installed on Oakley Drive at Meadowlands Park. They actually added riprap from what was
shown in the plans. They were planning on using some riprap that was done at the end of the
roadway. The quantity and quality was not sufficient to reuse; therefore, staff added some
additional riprap.
Mr. Kosluchar stated Item No. 8 was the watermain break. They had some repairs that were
made to a watermain. On the water main replacement, they had two leaks that appeared which
were adjacent to or outside the area of the watermain that was to be replaced. They had the on-
site contractor respond and repair those lines. That was on Rice Creek Terrace.
Mr. Kosluchar stated they also had some enhancements to rain gardens at Community Park.
They had three trees removed and two rain gardens extended and connected with the pipe. This
is associated with paving that is to be done in 2013 on the Community Park parking lot. They
are getting ready for that and doing the water quality upgrades that are required by Rice Creek
and they found they could actually enhance the performance of the two rain gardens by doing
removal of the two trees that were there. The City Forester was not real happy with the way the
trees were growing at any rate and recommended they be replaced or removed and other plants
be installed in the spring.
Mr. Kosluchar stated the approved Change Order No. 3 would be within the 2012 budget for
the work. Staff recommends the City Council approve the change order to Midwest Asphalt
Corporation in the amount of$39,227.1 l.
Councilmember Bolkcom asked regarding the paints the City will be using for striping, what
happens if it does not have satisfactory results?
Mr. Kosluchar replied, what they are finding with the life of the poly pre-form tape that they
had been using, is that it is running from five to seven years depending on traffic. The epoxy is a
much lower cost and other municipalities have used it locally and have seen consistent five-year
results with it. The formulations have gotten better in recent years. They are willing to give this
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY ll, 2013 PAGE 22
a try. At some point the City staff does take over the restriping of those roadways, and they do
annual contract work with several cities to do the lineal striping because they do not have the
striping truck. Then Fridley's own crews go out and stripe crosswalks, stop bars, and legends in
the street. They are looking at this as an option for some cost savings in the street budget over the
long run.
MOTION by Councilmember Saefke approving Change Order No. 3 for 2012 Street
Rehabilitation Project No. ST2012-01. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PRESENTATION:
15. Annual National Pollutant Discharge Elimination System (NPDES) Review of
Fridley's Stormwater Pollution Prevention Plan (SWPPP) for 2012.
Mr. Kosluchar stated the NPDES is stormwater legislation initiated by the Clean Water Act.
Basically under that legislation, the EPA has delegated a stormwater program to each state
including Minnesota. Minnesota has taken on the authority of the program by statute.
Mr. Kosluchar stated Fridley has a requirement in its MS4 permit. Fridley is an MS4 as are
other cities in the State. It means Fridley has a separate municipal separate storm sewer system.
Fridley's system includes everything from ditches, curbs, gutters, storm sewers, and similar
means of collecting water. It does not run to a wastewater collection system or treatment plant.
The Fridley has its permit under the State of Minnesota.
Mr. Kosluchar stated in 2008, Fridley had its most recent authorization of the stormwater
permit, and the heart of that is a Stormwater Pollution Prevention Plan (SWPPP). Fridley is in
its lOth year under the NPDES program. Fridley has historically been very proactive in the
implementation of a stormwater program, and it has been meeting the requirements of the six
minimum control measures under that permit for many years prior to the federal requirements
being enacted. The six minimum control measures under the City's permit are: (1) Public
outreach education, (2) public involvement and participation, (3) illicit discharge through
detection elimination, (4) construction site runoff control, (5) post-construction stormwater
management, and (6) pollution prevention and good housekeeping for our municipal operations.
Mr. Kosluchar stated as to the first item, for 2012, Fridley municipal television Channel 17 ran
several videos that are associated with stormwater including one called "Can Wetlands Be Too
Wet." These explain stormwater wetland interactions with development and non-point source
pollution. They also hand out or take the opportunity to hand out printed materials for the
public. There were tech-tip bookmarks with a Springbrook Nature Center logo on them. There
were watershed brochures that were handed out at events, recycling drop-offs, and the Home
Show.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11,2013 PAGE 23
Mr. Kosluchar stated as far as good housekeeping for municipal operations, the City continued
its education program and training public works staff in best management practices. Also,
several staff have been selected to go to outside training that has been offered for free over the
past year, including some roadway de-icing training and turf maintenance training.
Mr. Kosluchar stated one of the City's efforts in public participation and involvement is to
actually provide residents opportunities to construct rain gardens along their streets or to assist
and maintain those rain gardens once they are constructed. Four new rain gardens were
constructed in 2012. Some of them were in conjunction with the City street project.
Mr. Kosluchar stated there are also two other rain gardens under construction by the City at
Community Park. There is also a large infiltration basin that was constructed at the north end of
Oakley Drive by the City of Fridley. �
Mr. Kosluchar stated this meeting is also a public participation opportunity for residents of
Fridley. Residents should feel free to call staff if they have any questions about stormwater
Mr. Kosluchar stated the City's illicit discharge detection and elimination activities include
updates for the storm sewer map that the City does annually. For 2012, it has specific emphasis
on water quality elements such as ponds. They are trying to have physical qualities of those
ponds collected so that they can move onto the next step they are going to be required to do in
the future.
Mr. Kosluchar stated also staff updated the illicit discharge ordinance which was approved in
February 2012. That ordinance strengthens basically the City's abilities in detection elimination
of illicit discharges. Also, the City has an ongoing program for review at municipal facilities.
Staff does outfall inspections on sections and cleanings. They do 20 percent annually. They had
outfalls on Rice Creek this year that were inspected. There is a documented visual inspection of
components, materials, and condition of the outfall structures.
Mr. Kosluchar stated staff has also worked with property owners to comply with the City's
new IDE code. Staff has worked with Anoka County Wellhead Protection Group to provide
presentations to a number of Fridley businesses on wellhead protection which also has side
benefits to stormwater.
Mr. Kosluchar stated as to construction site runoff control, the City approved an erosion control
ordinance in 2006. In addition, the City has other ordinances that are enforced to help protect
shoreland areas and require runoff control of parking areas. As to construction compliance, staff
requires the use of best management practices by developers during construction. These items
include silt fencing, temporary ponding, concrete washout areas, soil stabilization, etc. The City
maintains its own compliance on its projects and assists with education on compliance for
contractors. Actually the 2012 projects include the Center Point Agency East River Road retrofit
project, Tri-Land Redevelopment (Cub Foods), and Sam's Club redevelopment. The City had 10
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11. 2013 PAGE 24
projects that were reviewed and 5 of them required an NPDES permit which basically means
they have an acre or more of impact and exposed soils. Several corrective notifications were
issued but no notices of violation were issued by the City.
Mr. Kosluchar stated as to No. 5, the post-construction stormwater management, one of the
activities the City is doing there is maintaining compliance with development ordinances
including addition of stormwater BMP's to any and all redevelopment projects within the City.
There is the construction piece and the maintenance piece ongoing. As to management
agreements, there are some stormwater management agreements when developers redevelop
their property or develop new property. They try to obtain access easements for the City to
legally enter the property and correct when needed. Two of those agreements were coordinated
in 2012.
Mr. Kosluchar stated as to No. 6, good housekeeping and pollution prevention under municipal
operations, the City inspects and removes debris from 13 structural stormwater treatment devices
each year as needed. Two structures required sediment cleaning in 2012. They are staying
relatively clean which is good and means there are maybe some better things happening
upstream although we had a very dry year. The City completed about 655 hours of street
sweeping during the spring and fall rounds of 2012 and removed 2,441 cubic yards of material
from our streets. About half of this material is sand and dirt.
Mr. Kosluchar stated as to the de-icing program, staff continues to look for ways to reduce salt
usage. In six years they have reduced the City's sand usage by about 70 percent. They are also
looking at innovative ways to de-ice.
Mr. Kosluchar stated as to other events the City had, in 2012 the City had to move to the Coon
Creek Watershed District MWMO. The City entered in December 2011 and has been doing that
transition over 2012 including the update of Coon Creek Watershed District's plan and then
subsequently the City's plan to fall in with its goals.
Mr. Kosluchar stated the southern portion of Fridley entered in with the Mississippi Watershed
Management Organization in July 2012, and coordination of the City's plans with that agency is
ongoing. Then the City had the Oak Glen Creek project which was a big project the City
continues to work on. The City does have a Conservation Corp grant that provided some labor in
late 2012 to perform some tree removal and associated work in preparation of an improvement
project and that will continue in 2013. The City also has the improvement project which is
currently under final design. The staff worked very hard to obtain easements from the affected
property owners.
Mr. Kosluchar stated in the future, the City's newest MS4 permit is still in the works with
MPCA. This has been probably about closing in on two years now. It seems like late spring
2013 is what staff is hearing now when it will actually be issued for comment. Again there will
be closer linkages between total maximum daily loads. These are pollutant measures along
actual waterways and the MS4 permit. Reporting requirements for BMP's will be implemented
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 25
and more information about plan BMPs and programs will be required. One of the things staff
sees with the TMDL's requirements is the South Metro Mississippi River TMDL which is
estimated to cost cities about $850 million by 2020 to achieve a 25 percent reduction in total
suspended solids from 2002 levels. There will be 159 Minnesota cities, including Fridley,
affected by that.
Mr. Kosluchar stated they will also see ponding inventory and monitoring. This is why staff is
preparing with the GIS staff the inventory piece of this because they know they will be doing
some monitoring and potentially some future enforcement. Fridley's role in this MS4 process is
to stay in touch regarding the proposed regulations and try and provide comment when there are
segments of the permit that are released to the City. There are resources to the public. There is
the MPCA stormwater website, the EPA stormwater website, and the City of Fridley website.
There are the three watershed districts, Coon Creek Watershed District, Rice Creek Watershed
District, and Mississippi Watershed Management Organization..
16. Informal Status Reports
Mr. Kosluchar stated MnDOT is already planning a big project in Fridley for this summer. It
will be on I-694 and the project limits are from Brooklyn Park to Arden Hills. It will affect all of
Fridley. I-694 will be closed down to two lanes during the day and one lane overnight, and there
will be intermittent ramp closures along I-694. The project is for resurfacing. There will be a
project open house on Wednesday, March 6, 4 p.m. to 7 p.m. at the Fridley Community Center.
Councilmember Bolkcom asked how long will this project last?
Mr. Kosluchar replied, his understanding is it will last the majority of the summer. He is
attending the project open house himself to find out.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:38
P.M.
Respectfully submitted,
Denise Johnson Scott Lund
Recording Secretary Mayor
� AGENDA ITEM
CITY COUNCIL MEETING OF
�°F February 25, 2013
FRIDLEY
To: Darin R. Nelson, Interim City Manager ����,,;�
From: Debra A. Skogen, City Clerk�
�
Date: February 21, 2013
Re: A Resolution Scheduling a Public Hearing on an Ordinance Amending the Fridley
City Charter, Chapter 4. Nominations and Elections and Directing Publication of
Public Hearing Notice
The 2010 Legislative Session made many changes to the Minnesota Election Laws. The Charter
Commission discussed, reviewed and recommended amendments to Chapter 4 over the past two
years. Their recommendations are set forth below:
Recommended Amendments to Chapter 4. Nominations and Elections
Section 4.04 is amended to include the Minnesota Election Laws.
Section 4.05 is amended to allow the City Clerk (rather than the Council) to determine the number
of judges needed during an election cycle for each precinct. The Council would continue to appoint
the election judges by resolution as required by state law.
Section 4.07 is amended by changing the format of the nomination petition. The petition would
now require printed name and birth year, in addition to address and signature. In the past, when
verifying petitions, staff has found two individuals having the same name, residing at the same
address having different birth years. The change is recommended to have the ability to verify the
correct individual signed the petition by verifying the birth year. (This may occur when you have a
father and son with the same name but are Sr. or Jr.)
Section 4.08 would be added to clarify when write-in candidate names would be counted so it is
consistent with federal, state, county and judicial offices. The change would only require
individuals who may be running a true "write-in" campaign to provide a letter to the city clerk no
later than the 7th day before the primary, general or special municipal election asking that votes for
their candidacy be counted. This change would create less confusion for our election judges on
election night. They would be provided a list of offices/names that would be tallied. All other
names would not be counted or tallied.
1 1
Section 4.09 is renumbered from 4.08 and amends the Canvas Report. The Report would no longer
contain information about spoiled or defective ballots, but rather would contain information on the
total number of individuals registered at 7:00 a.m. on election day and the total number of
individuals registering on election day, in addition to the other required information.
Staff recommends a motion adopting a Resolution Scheduling a Public Hearing on an Ordinance
Amending the Fridley City Charter, Chapter 4. Nominations and Elections and Directing
Publication of Public Hearing Notice.
2 2
RESOLUTION NO. 2013 -
A RESOLUTION SCHEDULING A PUBLIC HEARING ON AN ORDINANCE
AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 4. NOMINATIONS AND
ELECTIONS AND DIRECTING PUBLICATION OF PUBLIC HEARING NOTICE.
WHEREAS, the Charter Commission has been reviewing Chapter 4. Nominations and Elections
of the City Charter due to changes made by the 2010 Minnesota Legislature to ensure the Charter
is consistent with Minnesota Election law; and
WHEREAS, Minnesota Statute Section 410.12, Subd. 7 allows that by recommendation of the
Charter Commission, the City Council may enact a charter amendment by ordinances; and
WHEREAS, within one month of receiving a recommendation to amend the charter by
ordinance, the City must publish notice of a public hearing on the proposal and the notice must
contain the text of the proposed amendment; and
WHEREAS the City Council must hold the public hearing on the proposed charter amendment at
least two weeks but not more than one month after the notice is published.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby
schedules the public hearing on an ordinance amending Chapter 4 of the City Charter on March
25, 2013, at 7:30 p.m. in the Council Chambers of the City Council, 6431 University Avenue
NE, Fridley, Minnesota; and
BE IT FURTHER RESOLVED that the City Council of the City of Fridley hereby directs the
City Clerk to publish the Notice of Public Hearing in the Fridley Sun Focus at least two weeks
prior to the public hearing, as shown in Attachment 1.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
25TH DAY OF FEBRUARY 2013.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
3
3
Attachment 1
City of Fridley
Public Hearing Notice Before the City Council
Amendment to City Charter
Notice is hereby given that there will be a public hearing of the Fridley City Council at the
Fridley Municipal Center, 6431 University Avenue NE on Monday, March 25, 2013 at 7:30 p.m.
for the purpose of conducting a public hearing on the following amendment to the City Charter:
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER
ENTITLED NOMINATIONS AND ELECTIONS
The City Council of the city of Fridley hereby finds, after review, examination and
recommendation by the Fridley Charter Commission and staff, that the Fridley City Charter be
hereby amended as follows:
Section 1: That Section 4.04 be hereby amended as follows:
Section 4.04. SPECIAL ELECTIONS.
The Council may by resolution order a special election, fix the time of holding the same, and
provide all means for holding such special election, provided that three (3) weeks' published notice
shall be given of said special election. The procedure at such elections shall conform as nearly as
possible to that herein provided for other municipal elections and Minnesota Election Laws. Special
elections for vacancies in the City Council shall be held in accordance with provisions of Section
2.06.
Section 2: That Section 4.05 be hereby amended as follows:
Section 4.05. JLTDGES OF ELECTION.
The Council shall at least twenty-five (25) days before each municipal election appoint two (2)
eligible voters for each voting precinct to be election judges and one (1) registered voter to be head
election judge; or as many election judges as may be determined by the Citv Clerk �. No
person signing or circulating a petition of nomination of candidate for election to office or any
member of a committee petitioning for a referendum or recall shall be eligible to serve as a judge of
such election.
Section 3: That Section 4.07 be hereby amended as follows:
Section 4.07.NOMINATION PETITIONS.
The signatures to the nomination petition need not all be appended to one (1) paper, but to each
separate paper there shall be attached a�a notarized affidavit of the circulator thereof stating_
� the number of signers of such paper,�
� that each signature appended thereto was made in the circulator's presence, and
�3,�that it is the genuine signature of the person whose name it purports to be.
With each signature there shall be s�a�ec�the np 'nted name, birth vear, and address n'��° ��'�°�;�°��°
of the signer, giving the street and number or other description sufficient to identify the same. The
nominee shall indicate by an endorsement upon the petition acceptance of the office if elected
thereto. The form of the nomination petition shall be substantially as follows:
NOMINATION PETITION
We, the undersigned, registered voters of the City of Fridley, hereby nominate , whose
residence is , for the office of , to be voted
for at the election to be held on the day of , ; and we individually certify
that we are registered voters and that we have not signed other nomination petitions of candidates
for this office.
4 4
Attachment 1
Printed Name Birth Year Address c*r°°* �ra '`T„m'�°r Si nature
, being duly sworn, deposes and says, "I am the circulator of the foregoing petition
paper containing signatures and that the signatures appended thereto were made in my
presence and are the genuine signatures of the persons whose names they purport to be."
Subscribed and sworn to before me this day of ,
Seal
� Notary Public
This petition, if found insufficient by the City Clerk, shall be returned to , at
� ,�ee�Fridley, MN 554
I hereby indicate my willingness to accept the office of if duly elected thereto. )
Section 4: That Section 4.08 be hereby amended to become Section 4.09 and that new
Section 4.08 be hereby enacted as follows:
Section 4.08. WRITE-IN CANDIDATES
A candidate for anv citv office who wants write-in votes far the candidate to be counted must file a
written request with the filin� office for the office sou�ht no later than the seventh (7th) day before
the primarv, �eneral or special municipal election. The citv clerk shall provide the form to make the
re uest.
Section 5: That Section 4.09 be hereby amended as follows:
Section 4.0�9. CANVASS OF ELECTIONS AND TAKING OF OFFICE.
If more than two candidates filed for office,the Council must meet and canvass the primary election
returns on the third calendar day after any primary election. The two candidates for each office who
receive the highest number of votes shall be nominees for the office named. Their names shall be
certified by the city clerk to the county auditor who shall place them on the municipal general
election ballot without partisan designation. The Council shall meet and canvas the general
(regular) election or special election returns between the third and tenth calendar days after any
regular or special election, shall make full declaration of the results, and file a statement thereof with
the City Clerk. Said statement shall be made a part of the minutes. This statement shall include:
(a)the total number of ge�e�s votes cast;
(h) rh� r�rµL��,....��r �,,;��a a � +� �- >> + ; �e total number of individuals registered
�—�3 vrrccr-oi—acr�cca-rc�anvc.r
before 7:00 a.m. on election dav and the total number of individuals registerin� on election
da�''
(c)the total votes cast for each candidate,with a declaration of those who are elected;
(d) a true copy of the ballots used;
(e)the names of the judges of election; and
(� such other information as may seem pertinent.
The City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons
elected shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing
with the City Clerk the required oath of office.
Any persons desiring to be heard shall be given an opportunity at the above stated time
and place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763-
572-3523.
5 5
Attachment 1
Hearing impaired persons planning to attend who need an interpreter or other persons
with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no
later than Tuesday, March 20, 2013. The TDD number is 763-572-3534.
/s/ Debra A. Skogen, City Clerk
(Published: March 7, 2013 in the Fridley SunFocus)
6 6
� AGENDA ITEM
CITY COUNCIL MEETING OF
F p°� February 25, 2013
To: Darin R. Nelson, Interim City Manager j�"
From: Debra A. Skogen, City Clerk
i�
Date: February 21, 2013 ~
Re: A Resolution Scheduling a Public Hearing on an Ordinance Amending the Fridley
City Charter, Chapter 5. Initiative Referendum and Recall, and Directing Publication
of Public Hearing Notice
The 2010 Legislative Session made many changes to the Minnesota Election Laws. Over the past
two years, the Charter Commission has discussed, reviewed and recommended amendments to
Chapter 5 to make it more consistent with state law and to address the issue of special elections.
Their recommendations are set forth below:
Recommended Amendments - Chanter 5. Initiative, Referendum and Recall
INITIATIVE
Section 5.03 - clarifies how to circulate a petition, the requirements of the circulator, and
information about when signatures would not be counted if the petition is not correctly notarized.
Section 5.05 - increases the percentage from 10% to 15% (so it is the same number needed as the
referendum process) and changes the terminology from the number of registered voters to the
total votes cast at the last state general election in the City, and adds the birth year to the required
information needed on a petition. To create consistency between a charter petition and initiative,
referendum and recall petitions, the terminology of votes cast at the last state general election is
consistent in state law and in the charter. This is also a number that does not change over time,
and a number that can easily be referred to on any given day. The biggest discussion of the
Charter Commission was changing the percentage of signatures needed. After a lot of
discussion, the Commissioners determined that the numbers would be about the same and would
not really change.
Section 5.06 creates consistency with State Statute 410.12, Subd. 3 by following the same
procedures for charter amendments by petition and initiative referendum or recall petitions. In
addition, it would change the terminology from the number of registered voters to total votes
cast, as in the Section 5.05 above.
7 1
Section 5.07 - increases the threshold from 15% to 25%that would send the measure to the
voters at the next regular municipal election with a specific timeline of July 1 st, and if after July
1 st to send the measure to a special election subject to Minnesota Election Laws, if the Council
did not affirm the initiative.
Section 5.08 - this change only breaks up a long sentence and really does not change anything.
REFERENDUM
Section 5.10 - again changes the terminology from number of registered voters to votes cast at
the last state general election in the City.
Section 5.11 - adds the birth year to the petition so it is consistent with Chapter 4 and Section
5.03 above.
Section 5.12 - creates consistency with State Statute 410.12, Subd. 3 by following the same
procedures for charter amendments by petition or initiative referendum or recall petitions. In
addition, it would change the terminology from number of registered voters to total votes cast, as
in several sections above.
Section 5.14 removes the number of specific days needed for calling a special election to making
it subject to Minnesota Election Law for special elections. It also addresses a timeline of August
1 st of an even year to allow the question to be placed on the general election ballot and the
ability to call for a special election if petition received after August 1 st of an even year if the City
Council reaffirms the ordinance.
RECALL
Section 5.17 - changes the terminology from number of registered voters to total votes cast, as in
several sections above and adds birth year to the petition for consistency.
Section 5.18. - again creates consistency with State Statute 410.12, Subd. 3 by following the
same procedures for charter amendments by petition and initiative referendum or recall petitions.
In addition, it would change the terminology from the number of registered voters to votes cast
as stated above.
Section 5.19 - again creates consistencies by removing specific timelines calling for the recall
and subjecting this section to Minnesota Election Law.
Staff recommends a motion adopting a Resolution Scheduling a Public Hearing on an Ordinance
Amending the Fridley City Charter, Chapter 5. Initiative, Referendum, and Recall and Directing
Publication of Public Hearing Notice.
8 2
RESOLUTION NO. 2013 -
A RESOLUTION SCHEDULING A PUBLIC HEARING ON AN ORDINANCE
AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 5. INITIATIVE,
REFERENDUM AND RECALL AND DIRECTING PUBLICATION OF PUBLIC
HEARING NOTICE.
WHEREAS, the Charter Commission has been reviewing Chapter 5. Initiative, Referendum and
Recall of the City Charter due to changes made by the 2010 Minnesota Legislature to ensure the
Charter is consistent with Minnesota Election law; and
WHEREAS, Minnesota Statute Section 410.12, Subd. 7 allows that by recommendation of the
Charter Commission, the City Council may enact a charter amendment by ordinances; and
WHEREAS, within one month of receiving a recommendation to amend the charter by
ordinance, the City must publish notice of a public hearing on the proposal and the notice must
contain the text of the proposed amendment; and
WHEREAS the City Council must hold the public hearing on the proposed charter amendment at
least two weeks but not more than one month after the notice is published.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby
schedules the public hearing on an ordinance amending Chapter 5 of the City Charter on March
25, 2013, at 7:30 p.m. in the Council Chambers of the City Council, 6431 University Avenue
NE, Fridley, Minnesota; and
BE IT FURTHER RESOLVED that the City Council of the City of Fridley hereby directs the
City Clerk to publish the Notice of Public Hearing in the Fridley Sun Focus at least two weeks
prior to the public hearing, as shown in Attachment 1.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
25TH DAY OF FEBRUARY 2013.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
9 3
Attachment 1
City of Fridley
Public Hearing Notice Before the City Council
Amendment to City Charter
Notice is hereby given that there will be a public hearing of the Fridley City Council at the
Fridley Municipal Center, 6431 University Avenue NE on Monday, March 25, 2013 at 7:30 p.m.
for the purpose of conducting a public hearing on the following amendment to the City Charter:
Ordinance No.
AN ORDINANCE AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 5.
INITIATIVE,REFERENDUM AND RECALL
WHEREAS, Minnesota Statute Section 410.12, Subd. 7. allows the Charter to be amended
by ordinance upon recommendation of the Charter Commission; and
WHEREAS, after review, examination and recommendation by the Fridley Charter
Commission, the Fridley City Council hereby ordains that the Fridley City Charter be hereby
amended as follows:
FRIDLEY CITY CHARTER
CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL
Section l: That Section 5.03 be hereby amended as follows:
Section 5.03. FURTHER REGULATIONS
3. .
�
ao=e�d--e�e€€ee�-EF�e€-9��''���-?;�4�
A petition mav be circulated only b��istered voter of the Citv. A petition may be
si_ ne�d b�y registered voter of the City. All the si�natures on any,petition need not be on
one (1 si nature paper. The circulator of the petition shall be certified as the circulator of
the petition by an attached notarized affidavit which states:
(1) that each signature was si�ned in the circulator's presence;
(2) the signature is from the person who signed the petition in front of the circulator;
(3) that each signer affirmed they were a re�istered voter at the residence stated thereon.
An� ng ature paper lacking the notarized affidavit shall be void. If void,the si�natures on
that paper shall not be used in the calculation of si�natures needed to fulfill the�etition
requirement.
Section 2: That Section 5.05 be hereby amended as follows:
INITIATIVE
Section 5.05. FORM OF PETITION AND OF SIGNATURE PAPERS.
The completed petition for the adoption of any ordinance not yet in effect shall consist of the
ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall
not be complete unless signed by at least � • ° fifteen percent (15%� of the total
�:�������������°~°�' T ^+°~^ ^ ^�T^~���^� '�* ^�*'�^* � r votes cast at the last state �eneral election
in the City. Each signature paper shall be in substantially the following form:
10 4
Attachment 1
INITIATIVE PETITION
Proposing an ordinance to . . . . . . . . . (stating the purpose of the ordinance), a copy of which
ordinance is hereto attached. This ordinance is sponsored by the following committee of
registered voters:
Name (Please Print) Address (Please Print)
1.
2.
3.
4.
5.
The undersigned registered voters, understanding the terms and the nature of the ordinance
hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the
electorate for their approval.
Name (Please Print) Birth Year Address (Please Print) Signature
L
At the end of each group of signatures papers shall be appended the affidavit of the circulator
mentioned in Section 5.03.03.
Section 3: That Section 5.06 be hereby amended as follows:
Section 5.06. FILING OF PETITIONS AND ACTION THEREON.
Within€i-ve{�ten 10 days after the filing of the completed petition, the City Clerk shall ascertain
by examination the number of signatures appended thereto and whether this number is at least t�
� • ° fifteen percent (15%� of the total �rt�e�-e€-�eg�e�e�oTe�s, �� �� T��„��, ,��-e=
#��_votes cast at the last state general election in the CitX. If the City Clerk finds the petition
insufficient ar irregular, the City Clerk shall at once notify one (1) or more of the committee of
sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall
then be given���9�ten 10 days in which to file additional signature papers and to correct the
petition in all other particulars with the Citv Clerk. The Citv Clerk shall have five L�ys to verify
the sufficiency of the additional si nature pa�ers or corrected petition. If at the end of that period
the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's
office and no further action shall be taken. The City Clerk shall notify each member of the
committee of that fact.
Section 4: That Section 5.07 be hereby amended as follows:
Section 5.07. ACTION OF THE COUNCIL ON PETITIONS.
When the completed petition is found to be sufficient, the City Clerk shall transmit the initiative
petition to the Council at its next meeting, stating the number of petitioners and the percentage of
the total number of registered voters which they constitute, and the Council shall at once read the
ordinance and refer it to an appropriate committee, which may be a committee of the whole. The
committee or Council shall thereupon provide for public hearings upon the ordinance, after the
holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five
(65) days after the date upon which it was submitted to the Council by the City Clerk. If the
Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the
petition and unsatisfactory to the petitioner, the proposed ordinance shall be submitted by the
Council to the electorate at the next regular municipal election; but if the number of signers of the
petition is equal to at least ��°°r �°��°�* �,co�� twentv-five percent 25%� of the total ��
���*°r°a ���*°��, votes cast at the last state �eneral election in the Citv and submitted bv July 1 st
the Question shall be placed on the next regular municipal election ballot. If it is submitted after July
11 5
Attachment 1
1� the Council shall call a special election upon the measure c„^'� °�°�;�' °'°�*;�� �'��„ '�° �°�a
;
� .
,
t'�° °'°�+�r�*°. subject to Minnesota Election Law.
Section 5: That Section 5.08 be hereby amended as follows:
Section 5.08 INITIATIVE BALLOTS
The ballots used when voting upon such proposed ordinance shall state the substance of the
ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question
of adoption. If a majority of those voting on such an ordinance vote in favor of it, it shall thereupon
become an ordinance of the City. Any number of proposed ordinances may be voted upon at the
same electionl � the voter shall be allowed to vote for or against each separately. In the case of
inconsistency between two (2) or more initiative ordinances approved by the voters, the ordinances
shall not go into effect until the City Council has had sixty(60) days to resolve the inconsistencies.
Section 6: That Section 5.10 be hereby amended as follows:
REFERENDUM
Section 5.10. THE REFERENDUM.
If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent(15%)
of the total ��,�:���� ���° -�°a � �*°r� � ��' T��„�M, ,�* ��'*� + votes cast at the last state
general election in the Citv request that any such ordinance be repealed or be submitted to a vote of
the electors,the ordinance shall thereby be prevented from going into operation.
Section 7: That Section 5.11 be hereby amended as follows:
Section 5.11. REFERENDUM PETITIONS.
Any five (5) registered voters may form a committee for the purpose of petitioning for a
referendum as provided in Section 5.03.01. Before circulating any petition, the committee shall
file a copy of the proposed referendum petition and a copy of the ordinance proposed to be
repealed with the City Clerk along with the names and addresses of inembers of said committee.
The committee shall attach a verified copy of the referendum and the ordinance to be repealed to
each of the signature papers herein described, along with their names and addresses as sponsors
thereof. A verified copy of the ordinance proposed to be repealed to the referendum shall be a
copy to which the city clerk has affixed the words: "Proposed Ordinance on File. Fridley City
Clerk , Date ." A referendum petition shall read as follows:
REFERENDUM PETITION
Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which
ordinance is hereto attached. The proposed repeal is sponsored by the following committee of
registered voters:
Name (Please Print) Address (Please Print)
1.
2.
3.
4.
5.
12 6
Attachment 1
The undersigned registered voters, understanding the nature of the ordinance hereto attached and
believing it to be detrimental to the welfare of the City, petition the Council for its submission to
the electorate for their approval or disapproval.
Name (Please Print) Birth Year Address (Please Print) Si nature
1.
At the end of each group of signatures papers shall be appended the affidavit of the circulator
mentioned in Section 5.03.03.
Section 8: That Section 5.12 be hereby amended as follows:
Section 5.12. FILING OF REFERENDUM PETITIONS
2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE
Within €rve-(� ten 10 days after the filing of the completed referendum petition, the City Clerk
shall ascertain by examination the number of signatures appended thereto and whether this number
is at least fifteen percent (15%) of the total n���'�°r��'�°�-;�*°r°a -,�*�r� ��r�r„�M, ,���*��*
a.,�.��.,. .,� ��s��« , � �r�����
votes cast at the last state �eneral election in the Citv. If the City Clerk finds the petition insufficient
or irregular, the City Clerk shall a�-e�e forthwith notify one (1) or mare of the committee of
sponsars of that fact, stating the reasons for the insufficiency or irregularity. The committee shall
then be given*'�;,�ten 10 days in which to file additional signature papers and to correct the
petition in all other particulars with the Citv Clerk. The City Clerk shall have five (S�days to verify
the sufficiencv of the additional signature papers or corrected etp ition. If at the end of that period
the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's
office, no further action shall be taken, and the ordinance will become effective immediately or on
the date specified. The City Clerk shall notify each member of the committee of that fact.
Section 9: That Section 5.14 be hereby amended as follows:
Section 5.14. ACTION OF THE COLINCIL ON REFERENDUM PETITIONS
If the referendum petition or amended referendum petition is found to be sufficient, the City
Clerk shall transmit the referendum petition to the Council at the next regular Council meeting.
The Council shall thereupon reconsider the ordinance and either repeal it or by aye and nay vote
re-affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance
by August 1 st of an even vear, the Question shall be placed on the next re�ular municipal election
ballot. If approved after August 1 st of an even vear the Council shall immediately order a
special election to be held ,
r='-`r`�r;� „�"'•*+�, a• ++�,° °"' ,.° ,,,,, .,' „',,,,�:,.� subject to Minnesota
...b, �. �� ...., �,.� .,,u���u��
Election Law.
Section 10: That Section 5.17 be hereby amended as follows:
Section 5.17 RECALL PETITIONS.
The petition for the recall of any elected official shall consist of the statement identical with that
filed with the City Clerk together with all the signature papers and affidavits thereto attached.
Such petition shall not be considered to be complete unless signed by at least twenty five percent
(25%) of the total ��um'�°� ��r°h:�*�r�a -,�* �votes cast in the last state �eneral election in the
Ward or City represented by the office holder�� �������� ��+ ��*��* �,��� Each signature
paper shall be in substantially the following form:
RECALL PETITION
Proposing the recall of. . . . . . . . . from office as . . . . . . . . which recall is sought for the reasons
set forth in the attached statement. This movement is sponsored by the following committee of
registered voters:
13 �
Attachment 1
Name Address
1.
2.
3.
4.
5.
The undersigned registered voters, understanding the nature of the charges against the officer herein
sought to be recalled, desire the holding of a recall election far that purpose.
Name (Please Print) Birth Year Address (Please Print) Signature
1.
At the end of each group of signatures papers shall be appended the affidavit of the circulator
mentioned in Section 5.03.03.
Section 11: That Section 5.18 be hereby amended as follows:
Section. 5.18 FILING OF PETITION.
Within thirty (30) days after the filing of the original proposed petition, the committee shall file the
completed petition in the Office of the City Clerk. The City Clerk shall examine the petition within
the next �i�e-E-�} ten 10 days, and if the City Clerk finds it irregular, or finds that the number of
signers is less than twenty-five percent (25%) of the total ���m�°r ��r°�-;�*°r°a ..�*°�� ^�'votes cast
in the last state �eneral election in the Ward or City represented by the office holder� ��r�„„�-�, ,
�+�, the City Clerk shall so notify one (1) or more members of the committee advising the
reasons far the insufficiency or irregularity. The committee shall then be given ten (10) days in
which to file additional signature papers and to correct the petition in all other respects, but they
may not change the statement of the grounds upon which the recall is sought. The Citv Clerk shall
have five (5) days to verifv the sufficiencv of the additional si nature papers or corrected petition
If at the end of that time the City Clerk finds the petition still insufficient or irregular, all the
members of the committee shall be notified to that effect and the petition shall be filed in the City
Clerk's office. No further action shall be taken thereon.
Section 12: That Section 5.19 be hereby amended as follows:
Section. 5.19. RECALL ELECTION.
If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the Council
without delay, and shall also officially notify the person sought to be recalled of the sufficiency of
the petition and of the pending action. The Council shall at its next meeting, by resolution, provide
for the holding of a special recall election ��� :��� «:u�. ::�,� ���°° �«' r � *��� � �*• ��n�
�
,
�e subject to Minnesota Election Law.
Any persons desiring to be heard shall be given an opportunity at the above stated time
and place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763-
572-3523.
Hearing impaired persons planning to attend who need an interpreter or other persons
with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no
later than Tuesday, March 20, 2013. The TDD number is 763-572-3534.
/s/ Debra A. Skogen, City Clerk
(Published: March 7, 2013 in the Fridley SunFocus)
14 g
� AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 25, 2013
arr aF
FRIDLEY
Appointment
Starting Start
Name Position SalaN Date Replaces
Debra Police $22.28 March 22, Sally
Braaten Technician per hour 2013 Swendsen
Jaeger
15
` AGENDA ITEM
COUNCIL MEETING OF FEBRUARY 25, 2013
�°F CLAIMS
FRIQLEY
CLAI MS
158485 - 158639
16
PREPARED 02/21/2013, 13 :12:37 A/P CHECKS BY PERIOD AND YEAR PAGE 1
PROGRAM: GM350L
CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00
---------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------- ----- --------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
02/14/2013 158485 ARCTIC GLACZER INC 1008 293 .14
609-0000-183.00-00 02/08/2013 JAN-MISC 02/2013 165 . 96
609-0000-158.00-00 02/08/2013 JAN-MISC 02/2013 127.18
02/14/2013 158486 ANCHOR PAPER CO 1035 234 . 75
101-0000-138.00-00 O1/15/2013 COPIER PAPER 1035098200 02/2013 157 .28
101-0331-415.42-20 Ol/15/2013 COPIER PAPER 1035098200 02/2013 9.39
101-0440-425.42-20 O1/15/2013 COPIER PAPER 1035098200 02/2013 9 .39
101-0661-435.42-20 Ol/15/2013 COPIER PAPER 1035098200 02/2013 9 .39
101-0669-435.42-20 O1/15/2013 COPIER PAPER 1035098200 02/2013 18. 78
101-0770-455.42-20 Ol/15/2013 COPIER PAPER 1035098200 02/2013 21 . 13
270-0771-455.42-20 Ol/15/2013 COPIER PAPER 1035098200 02/2013 9 .39
02/14/2013 158487 AMUNDSON CIGAR & CANDY CO 1064 1, 912 . 10
609-0000-184 .00-00 02/08/2013 JAN-CIGS 02/2013 1, 912 . 10
02/14/2013 158488 APACHE PRINT INC 1147 576 .30
270-0771-455.43-35 02/OS/2013 SPRING FLING FLYER 44769 02/2013 576 .30
02/14/2013 158489 AMSOIL, INC 1178 790.64
101-0000-142.00-00 O1/11/2013 GEAR LUBE 14653141 02/2013 790.64
�
02/l�(�013 158490 A.N.C.A 1196 30.00
27�0771-455.43-34 02/Ol/2013 WEB EMPLOYMENT AD 20354 02/2013 30 . 00
02/14/2013 158491 ANOKA COUNTY LICENSE CENTER 1214 20 . 75
240-0000-425.42-21 02/07/2013 TITLE FORFEITURE 02/2013 20 . 75
02/14/2013 158492 ANOKA COUNTY COM HEALTH/ENVIRO 1242 315. 00
101-0669-435.43-31 02/06/2013 HAZ WASTE LIC FEES 10003 02/2013 315. 00
02/14/2013 158493 ASTLEFORD INTERNATIONAL TRUCKS 1246 379. 50
101-0668-435.43-40 Ol/11/2013 SUBLET REPAIRS W259269 02/2013 379.50
02/14/2013 158494 ARCHITECTURAL CONSORTIUM, LLC 1288 760.41
609-9100-415.43-30 02/12/2013 ARCHITECTURAL FEES LIQ#1 02/2013 760 .41
02/14/2013 158495 APPRIZE TECHNOLOGY SOLUTIONS, 1294 620 . 00
704-0000-415.43-30 02/O1/2013 ADMIN-EMPLOYEE ENROLLMNT 8068 02/2013 620. 00
02/14/2013 158496 COMMUNITY HEALTH CHARITIES 3227 10. 00
101-0000-219. 08-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 10. 00
02/14/2013 158497 CENTERPOINT ENERGY-MINNEGASCO 3252 2,462 .46
101-0669-435.43-38 02/06/2013 UTILITIES 55703078 02/2013 1, 984.11
270-0771-455.43-38 02/06/2013 UTILITIES 55302905 02/2013 408.39
601-7000-415.43-38 02/06/2013 UTILITIES 55134407 02/2013 69. 96
02/14/2013 158498 CENTURY LINK 3295 1, 100. 02
101-0440-425.43-32 02/O1/2013 PHONE SERVICE E830233 02/2013 113 . 99
PREPARED 02/21/2013, 13 : 12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 2
PROGRAM: GM350L
CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00
------------------------------------------------------------------------------ ----------- ----
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------ ----------------
101-0333-415.43-32 02/Ol/2013 PHONE SERVICE 5742480 02/2013 37.26
270-0771-455.43-32 02/O1/2013 PHONE SERVICE E127361 02/2013 388 . 05
601-7000-415 .43-32 02/O1/2013 PHONE SERVICE Z010548 02/2013 152 .64
101-0550-425.43-32 02/O1/2013 PHONE SERVICE Z010545 02/2013 297.35
101-0669-435.43-32 02/O1/2013 PHONE SERVICE Z010546 02/2013 110.73
02/14/2013 158499 CENTURY LINK 3295 1, 077.40
101-0110-415.43-32 02/Ol/2013 PHONE SERVICE Z010553 Q2/2013 8 .19
101-0220-415.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 20.48
101-0221-415 .43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 12 .29
101-0331-415.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 49.16
101-0332-415.43-32 02/Ol/2013 PHONE SERVICE Z010553 02/2013 12 .29
101-0333-415.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 36.87
101-0334-415 .43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 12 .29
101-0440-425.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 397.37
101-0441-425.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 40. 97
101-0550-425 .43-32 02J01/2013 PHONE SERVICE Z010553 02/2013 65.55
101-0551-425.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 8.19
101-0660-415.43-32 02/Ol/2013 PHONE SERVICE Z010553 02/2013 135.19
101-0661-435.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 36.87
101-0669-435.43-32 02/Ol/2013 PHONE SERVICE Z010553 02/2013 53 .26
101-0880-465.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 28.68
101 0881-465.43-32 02/Ol/2013 PHONE SERVICE Z010553 02/2013 40.97
10 770-455.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 45.06
10 770-455.43-32 02/O1/2013 PAONE SERVICE Z010553 02/2013 4.10
270-0771-455.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 20.48
601-6000-415.43-32 02/Ol/2013 PHONE SERVICE Z010553 02/2013 8 .19
601-7000-415.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 8 .19
225-0000-415.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 8 .19
227-0000-415.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 8 .19
237-0000-415.43-32 02/Ol/2013 PHONE SERVICE Z010553 02/2013 8 .19
101-0000-135.00-00 02/O1/2013 PHONE SERVICE Z010553 02/2013 8.19
02/14/2013 158500 CENTURY LINK 3296 48.08
101-0221-415.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 3 .38
101-0331-415.43-32 02/Ol/2013 LONG DIST CHARGES 1247599747 02/2013 12 .19
101-0332-415.43-32 02/Ol/2013 LONG DIST CHARGES 1247599747 02/2013 3 .42
101-0334-415.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 .10
101-0440-425.43-32 02/Ol/2013 LONG DIST CHARGES 1247599747 02/2013 16 .40
101-0550-425.43-32 02/Ol/2013 LONG DIST CHARGES 1247599747 02/2013 3 .13
101-0669-435.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 .45
101-0880-465.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 .25
101-0881-465.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 3 .71
101-0770-455.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 3 .42
270-0771-455.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 1.46
227-0000-415.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 .17
02/14/2013 158501 COMPVIEW, INC 3307 34, 171 .16
225-0000-415.45-40 02/OS/2013 AV SYSTEM INSTALL EST#2 FINAL 13/2012 34, 171.16
02/14/2013 158502 DATA RECOGNITION CORPORATION-D 4124 3, 115.48
601-6000-415.43-32 02/06/2013 POSTAGE 208JAN13 02/2013 132 .57
PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 3
PROGRAM: GM350L
CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
- - -------------------------------------------------------------------------------
602-6000-415.43-32 02/06/2013 POSTAGE 208JAN13 02/2013 65 .29
601-6000-415.43-35 02/06/2013 METER CARDS 78427 02/2013 934 .72
601-6000-415.43-32 02/06/2013 POSTAGE 206JAN13 02/2013 773 .12
602-6000-415.43-32 02/06/2013 POSTAGE 206JAN13 02/2013 380 .79
601-6000-415.43-35 02/06/2013 WATER STATEMENTS 78448 02/2013 828 . 99
02/14/2013 158503 EMERGENCY MEDICAL PRODUCTS INC 5039 118 .16
240-0000-425.42-25 O1/31/2013 TRAUMA SHEARS 1529600 02/2013 118.16
02/14/2013 158504 EMERGENCY AUTOMOTIVE TECHNOLOG 5073 49.97
101-0000-144.00-00 O1/17/2013 LIGHT BAR LENS CAP AW0117138 02/2013 49. 97
02/14/2013 158505 CITY OF FRIDLEY 6023 80. 98
101-0440-425.42-20 02/12/2013 LABELS PETTY CASH 02/2013 17.79
101-0440-425.42-21 02/12/2013 BAGS-PRESCRIPTION DROP BX PETTY CASH 02/2013 2 .99
101-0440-425.43-37 02/12/2013 TRAINING LUNCH PETTY CASH 02/2013 18.42
101-0550-425.42-21 02/12/2013 PEPPERMINT OIL PETTY CASH 02/2013 7.89
101-0550-425.43-32 02/12/2013 POSTCARD STAMPS PETTY CASH 02/2013 17.82
101-0770-455 .42-21 02/12/2013 SUPPLIES-WINTERFEST PETTY CASH 02/2013 16 .07
02/14/2013 158506 FRIDLEY FIRE RELIEF ASSOC 6088 806 .00
101-0000-219.15-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 775.00
10�0000-219.18-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 31.00
02/1�r�013 158507 FRIDLEY POLICE ASSOCIATION 6117 82 . 00
101-0000-219.22-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 82 . 00
02/14/2013 158508 JILL FITE 6145 75. 00
101-0770-455.43-40 02/OS/2013 CHORES/MORE 02/2013 75. 00
02/14/2013 158509 FLEET PRIDE 6151 45. 70
101-0000-144.00-00 O1/30/2013 VALVE,FITTINGS 52226268 02/2013 45.70
02/14/2013 158510 FIRST ADVANTAGE TALENT MGMT SE 6154 468 . 00
101-0221-415.43-30 02/07/2013 RECRUITMENT CLERICAL TEST 52079 02/2013 468 .00
02/14/2013 158511 GENUINE PARTS CO/NAPA 7014 1, 128 .10
101-0000-144 . 00-00 O1/31/2013 PARTS 19736341 02/2013 545.87
101-0000-143 .00-00 O1/31/2013 BATTERIES 19736341 02/2013 538 .88
101-0669-435.42-22 O1/31/2013 PARTS/SUPPLIES 19736341 02/2013 43 .35
02/14/2013 158512 GENERAL SECURITY SERVICES CORP 7040 125 .48
101-0550-425 .43-40 O1/31/2013 FIRE SYSTEM MONITORING 280749,280750 02/2013 125.48
02/14/2013 158513 HEALTH PARTNERS 8022 951 . 00
101-0550-425.43-30 02/O1/2013 PRE-EMPLOYMT EXAMS 02/2013 654 . 00
101-0666-435.43-30 02/O1/2013 PRE-EMPLOYMT EXAMS 02/2013 297 . 00
02/14/2013 158514 INDEPENDENT SCHOOL DIST #14 9006 14, 555.78
101-0770-455.42-21 02/OS/2013 INSTALL CABINET LOCKS 4197 02/2013 73 .08
PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 4
PROGRAM: GM350L
CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00
---------------------------------------------------------------------CHECK--
CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
----------------- ------------------------------------------------------------------
101-0770-455.43-50 02/07/2013 BUILDING USAGE 4195 02/2013 13, 695. 74
101-0770-455.43-40 02/07/2013 SEC ALARM 4195 02/2013 336 .52
101-0770-455.43-40 02/07/2013 AIR QLTY,ELEVATOR MAINT 4195 02/2013 258 .16
101-0770-455 .43-32 02/07/2013 PHONE SERVICE 4195 02/2013 110 .32
101-0770-455.43-32 02/07/2013 PHONE SERVICE 4195 02/2013 54.38
101-0770-455.43-32 02/07/2013 PHONE SERVICE 4195 02/2013 27.58
02/14J2013 158515 INDUSTRIAL DOOR CO INC 9015 176 .01
101-0669-435.43-40 O1/23/2013 GARAGE DOOR REPAIRS D248962 02/2013 176 . 01
02/14/2013 158516 IPHOUSE INTERNET 9047 180. 00
101-0333-415.43-32 02/06/2013 WEB HOSTING 631087 02/2013 180. 00
02/14/2013 158517 INTERSTATE ALL BATTERY CENTER 9073 31.37
101-0440-425.42-21 02/06/2013 BATTERIES 02/2013 31.37
02/14/2013 158518 LAWRENCE SIGN 12012 7, 950.00
609-9100-415.45-60 02/OS/2013 FRIDLEY LIQ SIGN DEPOSIT 175556D 02/2013 7, 950.00
02/14/2013 158519 LENZMEIER, DAVID 12019 50 . 00
101-0770-455.43-40 02/04/2013 CHORES/MORE 02/2013 50 . 00
02/1�013 158520 LEAGUE OF MN CITIES INS TRUST 12082 388. 99
70 000-415.43-30 02/Ol/2013 DEDUCTIBLE C0017174 02/2013 388. 99
02/14/2013 158521 MINNESOTA BOLT & NUT CO 13002 422 .72
101-0669-435.42-22 O1/11/2013 NUTS,WASHERS,BOLTS 19060 02/2013 422 .72
02/14/2013 158522 MINN POLLUTION CONTROL AGENCY- 13071 1, 230 . 00
601-7000-415.43-31 02/06/2013 LOCKE PRK WTP PERMIT FEE 02/2013 1,230. 00
02/14/2013 158523 MINN POLLUTION CONTROL AGENCY- 13071 23 . 00
602-7000-415.43-31 02/12/2013 WASTEWATER CERT RENEWAL KOTTSICK 02/2013 23 . 00
02/14/2013 158524 MINN RECREATION & PARK ASSOC - 13093 100. 00
270-0771-455.43-34 02/O1/2013 JOB POSTING-NC DIRECTOR 7637 02/2013 100. 00
02/14/2013 158525 MINN DEPT OF REVENUE 13105 296 .00
101-0000-219.20-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 296 .00
02/14/2013 158526 MINN DEPT OF PUBLIC SAFETY-B.0 13111 250.00
101-0440-425.43-37 02/O1/2013 CERTIFICATION-MZCKELSON 646 02/2013 250.00
02/14/2013 158527 MINN CHIEFS OF POLICE ASSOC 13197 1, 020 . 00
101-0440-425 .43-37 02/11/2013 REGISTRATIONS 02/2013 1, 020. 00
02/14/2013 158528 M.R.W.A-MINN RUAL WATER ASSOC 13234 440.00
601-7000-415.43-37 02/07/2013 REGISTRATIONS-TECHNICAL 02/2013 440 . 00
02/14/2013 158529 MENARDS - FRIDLEY 13256 84 .56
101-0668-435.42-22 02/06/2013 MAILBOX POST MOUNT 20884 02/2013 64 .24
PREPARED 02/21/2013, 13 : 12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 5
PROGRAM: GM350L
CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00
------------------------ - -----------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION s INVOICE PO # PER/YEAR TRN AMOUNT
---------------------------------------------------------------------- -----------------------
101-0668-435.42-22 02/OS/2013 MAILBOX 20806 02/2013 20 .32
02/14/2013 158530 THOMAS MURDOCK 13347 160.00
101-0550-425.43-40 02/12/2013 HAZMAT CLASS 02/2013 160.00
02/14/2013 158531 NATL RECREATION & PARK ASSOC 14061 150.00
101-0770-455.43-31 02/OS/2013 MEMBERSHZP 12509 02/2013 150.00
02/14/2013 158532 NORTHERN TOOL & EQUIP 14094 2� 2�
101-0669-435.42-22 02/O1/2013 DUCT TAPE,ORGANIZER 4042059823 02/2013 27.20
02/14/2013 158533 NETWORK MEDICS, INC 14157 25. 00
101-0440-425.43-40 02/OS/2013 DOMAIN RENEWAL 2967 02/2013 25 . 00
02/14/2013 158534 NEW PARADIGM FITNESS 14182 324 . 00
101-0770-455.43-40 02/06/2013 FITNESS CLASS 02/2013 324. 00
02/14/2013 158535 OPEN YOUR HEART 15011 30. 00
101-0000-219. 08-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 30.00
02/14/2013 158536 ODLAND PROTECTIVE COATING, INC 15063 23, 650 . 00
601-7500-415.45-30 02/11/2013 WATER TOWER REHAP EST#2 FINAL 13/2012 23, 650 . 00
02/1�013 158537 PRINTMASTER PRINTING 16060 122 .23
10 331-415.43-35 02/07/2013 BUSINESS CARDS 37459 02/2013 122 .23
02/14/2013 158538 PERFECT 10 CAR WASH 16062 83 . 80
101-0440-425 .43-40 02/11/2013 JAN CARWASHES 02/2013 83 . 80
02/14/2013 158539 PUBLIC AGENCY TRAINING COUNCIL 16175 295. 00
101-0440-425.43-37 02/07/2013 REGISTRATION-FOXX 162131 02/2013 295. 00
02/14/2013 158540 PERFECT 10 CARWASH EXPRESS 16200 104 . 00
101-0440-425.43-40 02/11/2013 JAN CAR WASHES 02/2013 104 . 00
02/14/2013 158541 RUFFRIDGE-JOHNSON EQUZP CO INC 18020 224 .83
101-0000-144 . 00-00 O1/10/2013 SWITCH C62562 02/2013 224 .83
02/14/2013 158542 S & T OFFZCE PRODUCTS 19039 157 . 04
101-0440-425.42-20 O1/31/2013 OFFICE SUPPLIES 02/2013 116 .45
101-0440-425.42-21 O1/31/2013 SUPPLIES 02/2013 40. 59
02/14/2013 158543 STREICHER'S 19050 2, 548 .29
101-0440-425.42-17 O1/21/2013 UNIFORMS 992614 02/2013 99 . 98
101-0440-425.42-17 O1/17/2013 UNIFORMS 992891, 993519 02/2013 137 . 98
101-0440-425.42-17 O1/24/2013 UNIFORMS 993856 02/2013 169. 98
101-0440-425.42-17 O1/31/2013 UNIFORMS 996010, 994386 02/2013 77 . 99
101-0440-425.42-17 O1/30/2013 UNIFORMS 995662 02/2013 34 . 99
101-0440-425.42-17 O1/09/2013 UNIFORMS 989349 02/2013 105 . 85
101-0440-425.42-17 O1/10/2013 UNIFORMS 989687 02/2013 86 . 03
PREPARED 02/21/2013, 13 :12:37 A/P CHECKS BY PERIOD AND YEAR PAGE 6
PROGRAM: GM350L
CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00
---- ------------ ----------------- --------------- --------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
---------------------------- --------------------------------------- -------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
101-0440-425.42-17 O1/17/2013 UNIFORMS 990563, 991808 02/2013 136 . 80
101-0440-425.42-17 O1/15/2013 UNIFORMS 990980, 993086 02/2013 82 .54
101-0440-425.42-17 O1/17/2013 UNIFORMS 991614 02/2013 100. 00
101-0440-425 .42-22 02/OS/2013 REFLECTOR 997272 02/2013 21.36
101-0440-425.42-21 Ol/16/2013 PATCHES 991517 02/2013 22.41
101-0440-425.42-21 O1/11/2013 COMMENDATION MEDALS 989848 02/2013 269.83
101-0440-425.42-21 O1/11/2013 BATTERY 989931 02/2013 21 .36
240-0000-425.42-25 O1/11/2013 SWITCH,HANDGUARD 990002 02/2013 799. 92
101-0441-425.42-17 Ol/08/2013 UNIFORMS 989777, 993088 02/2013 98 . 91
101-0441-425 .42-17 O1/OS/2013 UNIFORMS 990313, 993087 02/2013 99. 91
101-0441-425.42-17 O1/23/2013 UNIFORMS 993731, 991539 02/2013 58. 92
101-0441-425.42-17 O1/17/2013 UNIFORMS 991743, 991568 02/2013 114 . 99
101-0441-425.42-17 Ol/24/2013 UNIFORMS 994000 02/2013 8. 54
02/14/2013 158544 SUBURBAN TIRE WHOLSALE, INC 19229 141. 14
101-0000-143 .00-00 Ol/28/2013 TIRES 10115306 02/2013 141. 14
02/14/2013 158545 SHARROW LIFTING PRODUCTS 19264 725. 00
101-0669-435.43-40 02/06/2013 CRANE & HOIST INSPECTION 57471 02/2013 725.00
02/14/2013 158546 STERICYCLE 19323 187. 14
101-0440-425.43-40 02/Ol/2013 HAZ WASTE REMOVAL 4003921456 02/2013 187 .14
02/1�013 158547 SHI INTERNATIONAL CORP 19328 244 .74
70 000-415.42-21 02/04/2013 ADOBE LICENSE B00931890 02/2013 244 .74
02/14/2013 158548 STANDARD SPRING PARTS 19333 224 . 85
101-0000-144 . 00-00 O1/28/2013 AIR SPRING 343844 02/2013 224 .85
02/14/2013 158549 STANTEC CONSULTING SERVICE, IN 19362 4,217 .97
408-0005-415.43-30 O1/07/2013 DEC ENG SERV-ROOF PROJ 652814 13/2012 4, 217. 97
02/14/2013 158550 TERRY OVERACKER PLUMBING 20029 120. 00
101-0880-465.43-40 02/08/2013 PLUMBING INSPECTIONS 37013 02/2013 120. 00
02/14/2013 158551 TASER INTERNATIONAL 20042 412 .45
101-0440-425.42-21 02/O1/2013 BATTERY PACKS SI131835 02/2013 412 .45
101-0440-425.42-21 02/O1/2013 MN USE TAX EXPENSE 412 .45 SI131835 02/2013 28 .36
101-0000-203.01-00 02/Ol/2013 MN USE TAX PAYABLE 412 .45 SI131835 02/2013 28 .36-
02/14/2013 158552 TOLL GAS & WELDING SUPPLY 20057 88 .44
101-0669-435.42-22 Ol/30/2013 COMPRESSED GAS 125103 02/2013 88 .44
02/14/2013 158553 TOUSLEY FORD COLLISION & GLASS 20152 . 00
101-0000-144.00-00 O1/22/2013 PARTS 02/2013 238 .25
101-0000-144 .00-00 02/20/2013 PARTS 02/2013 238 .25-
02/14/2013 158554 TOXALERT INTERNATIONAL 20174 235 .50
101-0669-435.43-40 O1/18/2013 MONITORS 16059 02/2013 235 .50
02/14/2013 158555 UNZTED WAY 21035 25 . 00
101-OU00-219.08-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 25 . 00
PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 7
PROGRAM: GM350L
CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00
-- ----------------------- -------
---------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
--- --------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION ZNVOICE PO # PER/YEAR TRN AMOUNT
02/14/2013 158556 WEST GOVT SERVICES 23054 133 . 18
101-0440-425.43-40 02/11/2013 JAN INFO CHARGES 826578064 02/2013 133 .18
02/14/2013 158557 XCEL ENERGY 24002 5, 981.76
101-0550-425.43-38 02/OS/2013 UTILITIES 356677802 02/2013 53 .70
101-0440-425.43-38 02/07/2013 UTILITIES 357050130 02/2013 1, 050.89
101-0666-435.43-38 02/07/2013 UTILITIES 356704836 02/2013 11.62
609-9200-415.43-38 02/07/2013 UTILITIES 356879289 02/2013 941.56
101-0660-415.43-38 02/07/2013 UTILITIES 356856389 02/2013 3, 923 . 99
02/14/2013 158558 ZEP MANUFACTURING CO 26005 121.60
101-0550-425.42-21 O1/04/2013 ZEP HAND SOAP 9000044435 02/2013 121.60
02/14/2013 158559 ONE WAY BUILDING SERVICE, INC 2013560 178.60
101-0000-322.10-41 02/07/2013 BUIDING PERMIT REFUND 02/2013 178.60
02/21/2013 158560 ANOKA COUNTY HIGHWAY DEPARTMEN 1023 150. 00
573-0000-435.43-31 02/19/2013 PERMIT FEES 13-005 02/2013 150. 00
02/21/2013 158561 AIR AUTOMATION ENGINEERING 1030 212 .04
601-7000-415.42-22 O1/29/2013 BRASS FITTINGS 5139037 02/2013 33 .12
60�7000-415.42-22 02/12/2013 VALVES 5139694, 5139691 02/2013 178 . 92
02/2�2013 158562 ANOKA COUNTY TREASURER 1048 5, 760.18
101-0665-435.43-40 02/12/2013 4TH QUARTER SIGNAL MAINT 225436 13/2012 5, 760. 18
02/21/2013 158563 ALLIED WASTE SERVICES #899 1082 21, 575.35
237-0000-415.43-40 O1/31/2013 JAN RECYCLING CHARGES 0899002213062 02/2013 21, 575.35
02/21/2013 158564 ALLIANZ LIFE INSURANCE CO 1090 757 .76
101-0550-425.41-33 02/12/2013 PREMIUMS 3666 02/2013 757 .76
02/21/2013 158565 ASPEN MILLS INC 1161 529 .64
101-0550-425.42-17 02/14/2013 UNIFORMS 131729, 13730 02/2013 529.64
02/21/2013 158566 ADVANTAGE SIGNS & GRAPHICS INC 1199 2, 526.64
101-0668-435.42-22 02/20/2013 NO PARKING SIGNS 19712 02/2013 125 .58
101-0668-435.42-22 02/20/2013 SIGN SUPPLIES 669, 679, 677 02/2013 1, 812 . 18
101-0668-435.42-22 02/06/2013 SIGNS 19686 02/2013 588 . 88
02/21/2013 158567 A.W.W.A. - MINN SECTION 1203 135. 00
601-7000-415.43-37 02/19/2013 REGISTRAION WATER SYS OPR BULMAN 02/2013 135. 00
02/21/2013 158568 ACE SOLID WASTE, INC 1241 168 .50
101-0660-415.43-40 02/O1/2013 REFUSE HAULING 10137025 02/2013 168 . 50
02/21/2013 158569 ANCOM TECHNICAL CENTER 1256 107 . 00
101-0550-425.43-40 02/15/2013 RADIO TECHNICAL SERVZCE 35600 02/2013 107. 00
02/21/2013 158570 ALBRECHT SIGN & GRAPHICS, INC 1285 10. 72
101-0441-425.42-21 02/20/2013 RESERVE OFFICER SIGN 20353 02/2013 10 . 72
PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 8
PROGRAM: GM350L
CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00
-------- ------------------------------------ ------------------------------- ---------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------ ----------------
' ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
02/21/2013 158571 AMBASSADOR COMMUNICATIONS CORP 1289 360. 00
609-9100-415.43-34 02/14/2013 ADVERTISING 23531624 02/2013 360. 00
02/21/2013 158572 A.D.F COMMUNICATIONS & SECURIT 1299 3, 150 .00
609-9100-415.43-40 02/18/2013 PHONE DATA SPEAKER CABLE 3766 02/2013 2, 315 . 00
609-9100-415.43-41 02/19/2013 LIFT RENTAL 3767 02/2013 835 . 00
02/21/2013 158573 BARTON SAND & GRAVEL CO 2005 2, 649. 01
601-7000-415.42-22 O1/31/2013 WASH SAND,CLASS 5 02/2013 1, 688.45
101-0668-435.42-22 02/15/2013 WASH SAND 02/2013 401.68
601-7000-415.42-22 02/15/2013 WASH SAND 02/2013 558 .88
02/21/2013 158574 BOLTON & MENK, INC 2046 667 . 00
571-0000-435.43-30 02/19/2013 MAIN STR PLAN REVIEW 02/2013 166 .50
571-0000-435.43-30 02/19/2013 SAFE ROUTES PLAN REVIEWS 02/2013 500.50
02/21/2013 158575 CRYSTEEL DISTRIBUTION INC 3004 324 . 90
101-0000-144 .00-00 02/13/2013 PLOW CYLINDER FP149683 02/2013 148 .56
101-0000-144 . 00-00 02/08/2013 CUTTING EDGE FP149538 02/2013 176. 34
02/21/2013 158576 CARQUEST AUTO PARTS 3005 5. 08
l0i'0550-425.42-22 02/20/2013 SPARK PLUG 2589338743 02/2013 5.08
IV
02/2�013 158577 CULLIGAN 3067 461 .65
601-7000-415.43-41 Ol/31/2013 SOFTENER RENTAL 100X04070004 02/2013 126 .45
601-7000-415.42-22 O1/31/2013 SALT 100X04070004 02/2013 335 .20
02/21/2013 158578 CITY OF COON RAPIDS 3122 2, 638. 62
572-0000-435.43-40 O1/07/2013 2012 SEALCOATING 10213 13/2012 2, 638.62
02/21/2013 158579 CUB STORE INC-NEW BRIGHTON STO 3126 125.00
101-0770-455.42-21 02/11/2013 MARDI GRAS SUPPLIES 02/2013 125.00
02/21/2013 158580 COMO LUBE & SUPPLIES INC 3129 204 .97
101-0669-435.43-40 02/06/2013 PARTS WASHER SERV,RECYCLE 540844 02/2013 204. 97
02/21/2013 158581 COMCAST CABLE 3157 216. 90
101-0333-415.43-32 02/13/2013 INTERNET CHARGES 0272773 02/2013 216. 90
02/21/2013 158582 CONTINENTAL RESEARCH CORP 3159 220.37
101-0668-435.42-17 02/07/2013 INSULATED GLOVES 382391CRC1 02/2013 220.37
02/21/2013 158583 CENTERPOINT ENERGY-MINNEGASCO 3252 8, 532.69
601-7000-415.43-38 02/12/2013 UTILITIES 80000141624 02/2013 3, 016.51
101-0669-435.43-38 02/12/2013 UTZLITIES 80000141533 02/2013 157. 01
609-9200-415.43-38 02/12/2013 UTILITIES 80000141533 02/2013 322 .71
101-0660-415.43-38 02/12/2013 UTILITIES 80000141491 02/2013 3,495.56
101-0666-435.43-38 02/12/2013 UTILITIES 80000141582 02/2013 804 .42
101-0550-425.43-38 02/12/2013 UTILITIES 80000141459 02/2013 736 .48
PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 9
PROGRAM: GM350L
CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00
--------------------------------------------------------------------------------- ----------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------ --------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
02/21/2013 158584 CENTURY LINK 3295 35.77
270-0771-455.43-32 02/10/2013 PAONE SERVICE 7848676 02/2013 35.77
02/21/2013 158585 CARVELLI DRAIN SERVICE & PLUMB 3310 150.70
101-0669-435.43-40 02/11/2013 PLUMBING REPAIRS-RESTROOM 02/2013 150.70
02/21/2013 158586 DELTA DENTAL PLAN OF MINNESOTA 4093 6, 751.85
101-0000-219.11-00 02/19/2013 MARCH PREMIUMS 5062273 02/2013 6, 582 .85
101-0000-135.00-00 02/19/2013 MARCH PREMIUMS 5062273 02/2013 125.00
704-0000-415.41-32 02/19/2013 MARCH PREMIUMS 5062273 02/2013 44 .00
02/21/2013 158587 DAMA METAL PRODUCTS INC 4114 185.33
101-0550-425.42-21 02/12/2013 KEY BOX 12814 02/2013 185.33
02/21/2013 158588 DEFORGES PLUMBING 4147 22g Sg
101-0660-415.43-40 O1/30/2013 INSTALL FAUCET-KITCHEN 1247 02/2013 229.58
02/21/2013 158589 FOTH INFRASTRUCTURE & ENVIROME 6028 722 .30
602-7000-415 .43-30 02/11/2013 INFILTRATION/INFLOW SERV 32552 02/2013 623 .40
602-7000-415.43-30 O1/17/2013 INFILTRATION/INFLOW SERV 31806 02/2013 98 . 90
02/2�,�2013 158590 FLAT ROCK GEOGRAPHICS 6144 840.00
60�v7000-415.43-40 02/04/2013 MAPPING & DATA COLLECTION 02/2013 280.00
60��7000-415 .43-40 02/04/2013 MAPPING & DATA COLLECTION 02/2013 280 .00
603-7000-415.43-40 02/04/2013 MAPPING & DATA COLLECTION 629 02/2013 280 . 00
02/21/2013 158591 FLEET PRIDE 6151 104.12
101-0000-144 .00-00 02/12/2013 SOLENOID VALVE 52444127 02/2013 104.12
02/21/2013 158592 GENESIS EMPLOYEE BENEFITS 7162 988.50
704-0000-415.43-30 02/12/2013 JAN ADM VEBA,HSA, FLEX SPD 17597 02/2013 988 .50
02/21/2013 158593 I.P.M.A. - INTL PUBLIC MGMT AS 9031 340.00
101-0550-425.42-21 02/12/2013 PRE-EMPLOYMT TEST BOOKS 24186810 02/2013 340. 00
02/21/2013 158594 INTERSTATE ALL BATTERY CENTER 9073 19.23
101-0440-425 .42-21 02/12/2013 BATTERIES 052141 02/2013 19.23
02/21/2013 158595 INTL CODE COUNCIL, INC 9083 125. 00
101-0880-465.43-31 02/15/2013 MEMBERSHIP 2932897 02/2013 125.00
02/21/2013 158596 JANI-KING OF MINNESOTA, INC 10056 2, 859.74
101-0660-415.43-40 02/O1/2013 FEB CLEANING FEES MIN02130387 02/2013 2, 859.74
02/21/2013 158597 KILLMER ELECTRIC CO INC 11034 510 .28
101-0666-435.43-40 Ol/31/2013 REPAIR BREAKER PLUG 75570 02/2013 240.28
603-7000-415.43-40 O1/30/2013 LIFT STA STARTER REPAIRS 75496 02/2013 270 . 00
02/21/2013 158598 LOFFLER COMPANIES, INC 12143 62g_�2
101-0333-415.43-40 02/07/2013 PRZNTER MAINT 1524183 02/2013 629.72
PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERZOD AND YEAR PAGE 10
PROGRAM: GM350L
CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00
---------------- ----------------------------------------'--------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
-- ----------- -- --- ----------------------------- -----------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
02/21/2013 158599 MAC QUEEN EQUIPMENT INC 13006 8, 635.50
101-0668-435.45-40 Ol/17/2013 SO" TRACKLESS BLOWER V797 1130051 02/2013 8, 635 . 50
02/21/2013 158600 METROPOLITAN COUNCIL 13020 298, 009.31
602-7000-415.43-38 02/07/2013 MARCH WASTEWATER SERVICE 1008776 02/2013 298, 009.31
02/21/2013 158601 MEDICA 13042 72, 745. 73
101-0000-219.10-01 02/19/2013 MARCH PREMIUMS C0030471537 02/2013 69,463 .04
704-0000-415.41-31 02/19/2013 MARCH PREMIUMS C0030471537 02/2013 1, 611. 10
101-0000-135.00-00 02/19/2013 MARCH PREMIUMS C0030471537 02/2013 1, 671 . 59
02/21/2013 158602 MINN POLLUTION CONTROL AGENCY- 13071 Zgg . �6
101-0669-435.43-31 02/O1/2013 HAZ WASTE ANNUAL FEE 2200088001 02/2013 288.76
02/21/2013 158603 METRO FIRE 13128 480.25
101-0550-425.42-17 02/11/2013 NGHTFIGHTER HUD-SCBA MASK 46395 02/2013 480.25
02/21/2013 158604 MINNESOTA G.F.O.A. 13191 180. 00
101-0331-415.43-31 02/15/2013 MEMBERSHIPS 841,844, 907 02/2013 180. 00
02/21/2013 158605 MINN CHIEFS OF POLICE ASSOC 13197 117 .46
10�440-425.42-21 02/11/2013 PERMIT FORMS 3701 02/2013 117.46
02/2�2013 158606 MINNESOTA ELEVATOR INC 13236 139.72
101-0660-415.43-40 02/O1/2013 FEB ELEVATOR MAINT FEE 267195 02/2013 139.72
02/21/2013 158607 MENARDS - FRIDLEY 13256 100. 64
601-7000-415.42-25 02/12/2013 WATER BRK TRAILER TOOLS 21483 02/2013 100. 64
02/21/2013 158608 MINNEAPOLIS SAW INC 13290 75. 00
101-0668-435.43-40 02/15/2013 SAW BLADE SHARPENING 29551 02/2013 75. 00
02/21/2013 158609 NORTH AMERICAN SALT CO 14037 15,442. 12
101-0668-435.42-22 02/OS/2013 ROAD SALT 70938318 02/2013 15,442 . 12
02/21/2013 158610 SPRINT-NEXTEL COMMUNICATIONS 14083 69 . 06
101-0440-425.43-32 02/18/2013 CELL PHONE FINAL BILL 435648229116 02/2013 50.46
101-0550-425.43-32 02/18/2013 CELL PHONE 435648229116 02/2013 18.60
02/21/2013 158611 N.A.S.R.O. -NATL ASSOC OF SCHOO 14098 990.00
101-0440-425.43-37 02/11/2013 RESOURCE OFFICER TRAINING 10923IL, 10961MN 02/2013 990. 00
02/21/2013 158612 NETWORK MEDICS, INC 14157 24, 000. 00
101-0440-425.43-30 02/12/2013 NEW SQUAD MAINT 2999 02/2013 24, 000. 00
02/21/2013 158613 ON SITE SANITATION 15035 403 . 98
101-0666-435.43-41 02/12/2013 PORTABLE RESTROOMS 02/2013 403 . 98
02/21/2013 158614 PRINTMASTER PRINTING 16060 45.27
101-0110-415.42-20 02/07/2013 NAME PLATE 37458 02/2013 45.27
PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 11
PROGRAM: GM350L
CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00
---------------------------- -----------------
---- --------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDO'R # AMOUNT
----- ---------- ---- ---- ---- ----------------- ------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
02/21/2013 158615 PETCO 16146 205 .63
101-0440-425.42-21 02/11/2013 K-9 SUPPLIES OA045843 02/2013 205.63
02/21/2013 158616 PERFECT 10 CARWASH EXPRESS 16200 5.00
601-7000-415 .43-40 O1/31/2013 CAR WASH 02/2013 5.00
02/21/2013 158617 PET FOOD ETC 16201 5. 53
270-0771-455.42-21 02/11/2013 PET SUPPLIES 02/2013 5.53
02/21/2013 158618 QUALITY REFRIGERATION SERVICE 17002 270. 00
609-9200-415.43-40 Ol/31/2013 FEB MAINT 02/2013 270. 00
02/21/2013 158619 TARA ROGNESS 18042 112 .40
270-0771-455.42-21 02/11/2013 REIMB ANIMAL SUPPLIES 02/2013 83 . 96
270-0771-455 .42-21 02/11/2013 REIMB SUPPLIES 02/2013 28 .44
02/21/2013 158620 SEARS COMMERCIAL CREDIT 19017 396.35
101-0550-425.42-25 02/10/2013 DRYER FOR FIRE DEPT T900628 02/2013 396.35
02/21/2013 158621 SUPERIOR PEST MANAGEMENT 19057 50.23
101-0660-415 .43-40 O1/OS/2013 PEST CONTROL 144 02/2013 50.23
02/2�013 158622 STANDARD INSURANCE COMPANY 19063 5, 534 .28
10 000-219. 12-00 02/19/2013 FEB PREMIUMS 643900 02/2013 2, 669. 94
101-0000-135. 00-00 02/19/2013 FEB PREMIUMS 643900 02/2013 54 .00
101-0000-219.23-00 02/19/2013 FEB PREMIUMS 643900 02/2013 2, 777.58
101-0000-135. 00-00 02/19/2013 FEB PREMIUMS 643900 02/2013 32 . 76
02/21/2013 158623 SCHMIT TOWING, INC 19202 84 .00
601-7000-415.43-40 O1/31/2013 WATER MAIN BRK TOW 9415 02/2013 84 . 00
02/21/2013 158624 SUN NEWSPAPERS 19325 355. 85
101-0881-465.43-34 02/14/2013 LEGAL NOTICES 1422557-1422559 02/2013 277. 95
603-7000-415.43-34 02/14/2013 LEGAL NOTICES 1422556 02/2013 77. 90
02/21/2013 158625 SHRED RIGHT 19359 141 .44
101-0660-415.43-40 02/04/2013 SHREDDING SERVICE 143765 02/2013 141 .44
02/21/2013 158626 T.M. CONSTRUCTION & SECURITY 20013 5, 000 . 00
609-9100-415.43-40 02/14/2013 SECURITY CAMERA SYSTEM 103045 02/2013 5, 000. 00
02/21/2013 158627 TEN THOUSAND LAKES CHAPTER OF 20035 210 . 00
101-0880-465.43-37 02/20/2013 REGISTRATION-JULKOWSKI 02/2013 210. 00
02/21/2013 158628 TOSHIBA BUSINESS SOLUTIONS 20060 17.70
101-0669-435.43-35 02/07/2013 PRINTER MAINT 9793369 02/2013 17.70
02/21/2013 158629 TOUSLEY FORD, INC 20101 238 .25
101-0000-144 . 00-00 02/20/2013 PARTS 02/2013 238 .25
PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 12
PROGRAM: GM350L
CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00
----------------- --- ------- -------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------- ---------------------------- ------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
02/21/2013 158630 TEE JAY NORTH, INC 20107 154 .52
101-0660-415 .43-40 02/OS/2013 HANDICAP DOOR REPAIRS 19163 02/2013 154 .52
02/21/2013 158631 TOTAL COMPLIANCE SOLUTIONS, IN 20163 10. 00
101-0666-435.43-30 02/07/2013 PRE EMPLOYMENT TEST 33454 02/2013 10. 00
02/21/2013 158632 MARY THELL 20171 36.36
101-0440-425.42-21 02/12/2013 REIMB SUPPLIES 02/2013 36.36
02/21/2013 158633 VALLEY-RICH CO INC 22006 5, 903 .53
601-7000-415.43-40 O1/24/2013 REPAIR WTR MAIN BREAK 18471, 18477 02/2013 5, 801.84
601-7000-415.43-40 O1/24/2013 REPAIR WTR MAIN BREAK 18485 02/2013 101.69
02/21/2013 158634 VERIZON WIRELESS 22050 78. 06
101-0550-425.43-32 02/03/2013 WIRELESS SERVICE 2867056991 02/2013 78. 06
02/21/2013 158635 WAL-MART COMMUNITY/GEMB 23024 254.27
270-0771-455.42-21 02/16/2013 PROGRAM SUPPLIES 02/2013 33 .78
270-0771-455.42-21 02/16/2013 PROGRAM SUPPLIES 02/2013 42 .20
270-0771-455.42-20 02/16/2013 OFFICE SUPPLIES 02/2013 124 .46
101-0770-455.42-21 02/16/2013 WINTERFEST SUPPLIES 02/2013 53 .83
02/2�013 158636 WATER CONSERVATION SERVICE, IN 23059 1, 175.60
60�7000-415.43-40 02/04/2013 LEAK LOCATES 3713 02/2013 1, 175.60
02/21/2013 158637 WALTERS RECYCLING & REFUSE SER 23088 382 .34
101-0669-435.43-40 02/10/2013 REFIISE HAULING 02/2013 278 .87
270-0771-455.43-40 02/10/2013 REFUSE HAULING 02/2013 103 .47
02/21/2013 158638 XCEL ENERGY 24002 13, 646 .35
101-0669-435.43-38 02/14/2013 UTILITIES 357943407 02/2013 1,512 .49
601-7000-415.43-38 02/14/2013 UTILITIES 357422297 02/2013 12, 133 .86
02/21/2013 158639 YOCUM OIL COMPANY 25015 15, 155 . 92
101-0000-141. 00-00 02/12/2013 FUEL 540614 02/2013 11,312 . 92
101-0000-141 . 00-00 02/12/2013 FUEL 540221 02/2013 3, 843 . 00
DATE RANGE TOTAL * 657, 112 .32 *
� AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 25, 2013
�°F LICENSES
FRIDLEY
TYPE OF LICENSE: APPLICANT: APPROVED BY:
LAWFUL GAMBLING FRIDLEY HISTORICAL CITY CLERK
SOCIETY MARY S. MEYERS PUBLIC SAFETY
SOLICITOR/PEDDLER CUSTOM REMODLERS INC. PUBLIC SAFETY
AARON M.ROUBIK-CANNON,
JONATHAN M. TALBOT, TYLE
T. FOHRENKAMM, JACOB
TALBOT, JASMIN RUIZ
29
� AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 25, 2013
F�O� LICENSES
Contractor T e A licant A roved B
An hin Plumbin &Heatin LLC Gas Matt Grabau Ron Julkowski, CBO
Burnsville Heatin &Air Conditionin Heatin Alan Dobson Ron Julkowski, CBO
Central Roofin Com an Commercial or S ecial Warren Stock Ron Julkowski, CBO
Electro Neon &Desi n Inc Si n Erector Michael Ziertman Ron Julkowski, CBO
GR Danielson & Son Construction Co Heatin Mark Bowen Ron Julkowski, CBO
NAC Mechanical &Electro Heatin Jean Sluss Ron Julkowski, CBO
Scenic Si n Co oration Si n Erector Jessica Orton Ron Julkowski, CBO
Warner Connect Commercial or S ecial Hen Warner Ron Julkowski, CBO
30
` AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 25, 2013
c�r oF ESTI MATE
FRIDLEY
Midwest Asphalt Corporation
5929 Baker Road
Suite 420
Hopkins, MN 55345
2012 Street Rehabilitation Project No. 2012-01
EstimateNo. 7 ............................................................................. $141,206.65
31
� AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 25, 2013
CffY OF
FRIDLEY
t
To: Darin Nelson, Acting City Manager �;�'�`''
From: Donovan W. Abbott, Public Safety Director �
Bob Rewitzer, Police Captain
Date: February 21, 2013
Re: Resolution accepting a donation to the City for outfitting police patrol vehicles with new
automatic external defibrillator equipment
Attached is a resolution authorizing acceptance of a donation of cash and equipment to the City from
Allina Health and the Allina Heart Safe Communities Program to outfit half of the police patrol
vehicle fleet with new Automatic External Defibrillator (AED) equipment.
Sudden cardiac arrest is one of the leading causes of death in the United States, claiming over one-
quarter of a million lives each year. The only effective treatment for sudden cardiac arrest is an
electric shock to the heart called defibrillation. Defibrillation is most effective if it is applied within
three to five minutes into sudden cardiac arrest. A small, portable electronic device called an
Automatic External Defibrillator (AED) can be used by a trained person to deliver a defibrillation
shock to someone in cardiac arrest if it is needed. The Police Department has carried AEDs in patrol
vehicles since 2004 so police officers can quickly provide life saving care to someone in cardiac
arrest. Over time several of the Police Department AEDs have become inoperable and many are no
longer supported by the manufacturer. The Police Department seeks to outfit all of its patrol vehicles
with a new AED so that officers are always able to provide emergency defibrillation when needed.
The mission of the Police Department and the mission of Allina Health are similar in that both are
entrusted to serve the community and provide emergency care when called upon. In furtherance of
that collaboration, Allina Health and the Allina Heart Safe Communities Program have generously
provided a cash donation of$11,500 and AED equipment to outfit half of the patrol vehicle fleet with
a new AED.
Donations are required to be accepted by the City Council and adopted by a two-thirds majority. Staff
requests that the City accept this donation in siucere gratitude for the purpose of providing for the
health, safety, and welfare of citizens and visitors of Fridley. The donation is free of any quid pro quo
expectation by the donor.
32
RESOLUTION NO.2013 -
A RESOLUTION ACCEPTING A DONATION TO THE CITY OF FRIDLEY FOR
OUTFITTING POLICE PATROL VEHICLES WITH NEW AUTOMATIC EXTERNAL
DEFIBRILLATOR EQUIPMENT
WHEREAS, sudden cardiac arrest is one of the leading causes of deatl� in the United States, claiming
over one-quarter of a million lives each year; and
WHEREAS, the only effective treatment for sudden cardiac arrest is an electric shock to the heart called
defibrillation; and
WHEREAS, defibri(lation is most effective if it is applied within three to five minutes into sudden cardiac
arrest; and
WHEREAS, a small, portable electronic device called an Automatic External Defibrillator(AED)can be
used by a trained person to deliver a defibrillation shock to someone in cardiac arrest if it is needed; and
WHEREAS,the Police Department has carried AEDs in patrol vehicles since 2004 so police officers can
quickly provide life saving care to someone in cardiac arrest; and
WHEREAS, over time several of the Police Department AEDs have become inoperable and many are no
longer supported by the manufacturer; and
WHEREAS, the Police Department seeks to outfit all of its patrol vehicles with a new AED so that
officers are always able to provide emergency defibrillation when needed; and
WHEREAS, the mission of the Police Department and the mission of Allina Health are similar in that
both are entrusted to serve the community and provide emergency care when called upon; a��d
WHEREAS, Allina Health and the Allina Heart Safe Communities Program have generously provided a
cash donation and AED equipment to outfit half of the patrol vehicle fleet with a new AED; and
WHEREAS, the City wishes to accept this donation in sincere gratitude for the purpose of providing for
the health, safety, and welfare of citizens and visitors of Fridley; and
WHEREAS, donations are required to be accepted by the City Council and adopted by a two-thirds
majority; and
WHEREAS, the donation is free of any quid pro quo expectation by the donor.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of tl�e City of Fridley hereby accepts the
donation of$1 1,500 cash and AED equipment from Allina Health and the Allina Heart Safe Communities
Program.
SCOTT J. LUND, MAYOR
ATTEST
DEBRA A. SKOGEN, CITY CLERK
33
: AGENDA ITEM
�oF
CITY COUNCIL MEETING OF FEBRUARY 25, 2013
FRIDLEY
TO: Darin R. Nelson, Interim City Manager .� PW13-016
FROM: James Kosluchar, Public Works Director
DATE: February 21, 2013
SUBJECT: Approve a Resolution Authorizing Execution of Grant Agreement SG2013-009
with the Metropolitan Council for Inflow/Infiltration Reduction
Through efforts of the Metro Cities Association and the Metropolitan Council, the 2012
Minnesota Legislature appropriated $4 million of State bond funds for a cost share grant
program for metropolitan cities to mitigate inflow and infiltration (I/I) into sanitary sewer
collection systems. This program was similar to a 2010 I/I grant program that was funded for
$3 million. The 2012 program includes revisions to the eligibility requirements, which
fortunately qualifies the City of Fridley for funding. The Metropolitan Council Environmental
Services (MCES) Division administers this I/I grant program.
MCES held a meeting with eligible cities in regard to the grant allocation and guidelines in
2012. A number of conditions related to the State bond funding were reviewed; subsequently a
standard grant agreement was developed for the program by MCES. This agreement and
terms have been reviewed by staff and the City Attorney.
The City of Fridley made application in the fall of 2012 for cost share funding under the
program for three projects. City of Fridley Project 416, the 2012 sanitary sewer main lining
project, was constructed last year. Also constructed last year was City of Fridley Project 421,
which was a pipe bursting rehabilitation of a sanitary sewer on 53�d Avenue NE. Finally, City of
Fridley Project 425 is the 2013 sanitary sewer main lining project. Although two of these
projects are substantially completed, they are both eligible for partial reimbursement through
the cost share grant program. These three projects cost a total of$515,160. MCES awarded a
cost share grant amount of$123,841.00, or just over 24% of these three projects to the City of
Fridley.
Staff recommends that the City Council moves to adopt the attached resolution to authorize
execution of Grant Agreement SG2013-009 with the Metropolitan Council for inflow/infiltration
reduction. If approved, staff will forward the signed agreement to Metropolitan Council and
complete project work related to the grant, and request reimbursement under the grant.
Receipts will be used to offset costs for these projects from the Sewer Utility Reserve fund.
JPK/jpk
Attachments
34
RESOLUTION NO. 2013 -
A RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT SG2013-009
WITH THE METROPOLITAN COUNCIL FOR INFLOW/INFILTRATION REDUCTION
WHEREAS, through efforts coordinated with the Metro Cities Association and the Metropolitan Council,
the 2012 Minnesota Legislature appropriated $4 million of state bond funds for a sanitary sewer
inflow/infiltration (I/I)reduction cost share grant program for metropolitan cities to mitigate inflow and
infiltration into sanitary sewer collections systems, and
WHEREAS, the Metropolitan Council Environmental Services (MCES) Division has been assigned to
administer the program, and
WHEREAS, after meeting with eligible cities and holding a public meeting for the purpose of gathering
public input,the Metropolitan Council approved processes, guidelines and schedules for the grant
program, and
WHEREAS,the City of Fridley made application for the UI reduction cost share grant program for
eligible costs for sanitary sewer lining and pipe bursting rehabilitation under Project Number 416, Project
Number 420, and Project Number 425, and
WHEREAS,the City of Fridley was allocated a maximum expected grant amount of$123,841.00, and
WHEREAS, in order to receive granted funds,the Metropolitan Council requires approval and execution
of Grant Agreement SG2013-009,
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY,MINNESOTA, that Grant Agreement SG2013-009 between the Metropolitan Council and
the City of Fridley is approved, and the Mayor and City Manager are directed to execute said Grant
Agreement SG2013-009 for submittal to the Metropolitan Council prior to March 1, 2013, and
FURTHERMORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA,that the Public Works Director/City Engineer is directed to execute and provide any
additional documentation necessary to effect reimbursement of cost share grant funds under Grant
Agreement SG2013-009.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25�h DAY
OF FEBRUARY 2013.
ATTEST: SCOTT J. LUND—MAYOR
DEBRA A. SKOGEN - CITY CLERK
35
CONTRACT NO. SG2013-009
Metropolitan Council
Municipal Publicly Qwned Infrastructure
Inflow/In�ltration Grant Program
State of M�nnesota
General Obligation Bond Proceeds
Grant Agreement — Construction Grant
for the
Fridlev - Numbers 416, 420 & 425 Sewer Linin�
and Pi�e Burstin Rehab
Pro j ect
36
i
TABLE OF CUNTENTS
RECITALS
Article i -DEFINITIONS
Section 1.01 —Defined Tenms
Article II - GFtA.NT
Section2.Q1 —Grant of Monies
Section 2.02—Public Ovvnership
Section 2,03 —Use of Grant Proceeds
Section 2:04—Operatio�of the Real Property and Facility
Section 2.45 —Grantee Representations and Warranties
Section 2.06—Ownershi.p by Leasehold or Easement
Section 2.07—Event(s) of De�ault
Section 2:08 —Remedies
Section 2:09—Notification of Event of Defauit
Section 2.10—�urvival of Event of Default
Section 2.11 —Term of Gran#Agreement
Section 2:12�Modification and/or Early Termination af Grant
Section 2.13 —Excess:Funds.
Article III—USE CQNTRACTS [NOT TO BE USED IN THIS AGREEMENT]
Section 3.01 —General Provi�ians
Section 3.02—Initial Term and Renewal
Section 3.03 —Reimbursement of Counterpart�
Section 3.04—Receipt of Nlor3ies Under a Use Contract
Article I�—S�1LE
Section 4.01 -Sale
Section 4A2—Proceeds of Sale
� Article V—COMPLIANCE WITH G:4. COMPLIANCE LEGISLATION
AND THE�OMMIS'SIONER'S ORDER
Section SA1 —State Bond Financed Property
Section 5.02—Preservation of Tax Exempt Status ,
Section 5.03 —Changes#o G.O. Compliance Legislation or the
Cammissioner's(.�rder
Article VI—DI�BURSEMENT OF GRANT PROCEEDS
Sectian 6.01 —The Advances
Section 6.0�—Draw Requisitions
Secfion 6.03 —Additional Fun.ds
Section 6.04=Condition Precedent to Any Advance
Section 6.Q5 — Construction Inspections
371
Article VII- MISCELLANEOUS
Section 7.01 -Insurance
Section 7.02-Condemnation
Section 7.03 -Use,Maintenance, Repaiz and Alterations
Section 7.Q4-Records Keeping and Reporting
Section 7.05-Inspections by Council
Section 7.06-Data Practices
Section 7.07-Non-Discrimination
Section 7.d8-Worker's Compensation
Section 7.09-Antitrust Claims
Section 7.10-Review of Plans and Cost Estimates (NOT TQ BE USED]
Section 7.11 -Prevailing Wages
Section 7.12-Liability
Section 7.13 -Indemnification by the Grantee
Section 7.14-Relationship of the Parties
Section 7.15 -Notices
Seeiion 7.16-Binding Effect and Assignment or Modification
Section 7.17-Waiver
Section 7:1$ -Entire Agreement
Section 7.19-Choice of Law and Venue
Section 7.20-Severability
Section 7.21 -Time of Essence
Section 7.22-Counterparts
Section 7.23 -Matching Funds
Section 7.24-Source and Use of Funds
Section 7.25 -Project Completion Schedule
Section 7.26-Third-Party Benefieiary
Section 7.27-Grantee Tasks
Section 7.28-Councii and Commissioner
Required Acts and Approvals
Section 7.29-Applicability to Real Property and Facility
Section 7.30-E-Verification
Section 7.31 -Additional R.equirements
Section 7.32-Termination Due to Lack of Funds
Section 7.33 -Grant Program Remainder Funds ,
Attachment I-DECLAR.ATION
Attachment I-A- CERTIFICATION
Attachment II-LEGAL DESCRIPTION OF REAL PROPERTY
Attachment III- SOIJRCE AND USE OF FUNDS
Attachment IV-PRQJECT DESCRIPTInN AND COMPLETION SCHEDULE
3�
GENERAL OBLIGATION GRANT PROCEEDS
MUNICIPAL PUBLICLY OWNED INFR.ASTRUCTURE
INFLOW/INFILTRATION GRANT PROGRAM
INTERGOVERNMENTAL GRANT AGREEMENT
BETWEEN
METROPOLITAN COUNCIL AND FRIDLEY
This Intergovernmental Grant Agreement ("Grant Agreement") is made this 2 5 t h
day of February , 2013, and entered into by and between Metropolitan Council a
public corporation and political subdivision of the State of Minnesota ("Council") and
Fridley, a Minnesota Municipal corporation("Grantee").
BACKGROUND RECITALS
1. The Minnesota Legislature has appropriated to the Council in the 2012
Session Laws Chapter 293, Section 17, subdivision 3, $4,000,000 for a grant program to
be administered by the Council for the ptupose of providing grants to municipalities for
capital improvements to public municipal wastewater collection systems to reduce the
amount of inflow and infiltration to the Council's metropolitan sanitary sewer disposal
system ("I/I Municipal Grant Program").
2. The monies allocated to fund the appropriation to the Council are proceeds of
state general obligation bonds authorized to be issued under Article XI, § 5(a) of the
Minnesota Constitution.
3. The Council has gone through a public process and formally adopted
Guidelines for the UI Municipal Grant Program. Grantee has read and understands the
Council Guidelines ("Council Guidelines").
4. Council has identified Grantee as a contributor of excessive inflow and
infiltration to the Council's metropolitan sanitary sewer disposal system and thus an
eligible applicant for grant funds under the I/I Municipal Grant Program.
5. Pursuant to its authority under Minnesota Statutes § 444.075 [or other
authority, if different], Grantee operates a municipal wastewater collection system
3�
identified as Fridley Wastewater Collection System ("Wastewater System") and has
submitted an application for grant funds including a timeline for an inflow and infiltration
mitigation capital improvement project to the Wastewater System to the Council in
accordance with Council's Guidelines. Far purposes of this Agreement, the term
"Governmental Program"means the Wastewater System.
6. Council has reviewed and found eligible Grantee's application for grant funds
and has awarded such grant funds ("G.O. GranP') to Grantee to construct a capital
improvement �roject to Grantee's pipeline as described in and in accordance with the
terms and conditions of this Grant Agreement.
7. The Grantee's receipf and use of the UI Municipal Grant Program to acquire
an ownership interest in and/or imprave real property {the "Real Property") and structures
situated thereon (the "Facility") will cause the Grantee's ownership interest in all of such
real property and structures to become "state bond financed property", as such term is
used in Minn. Stat. § 16A.695 (the "G.O. Complia.nce Legislation") and in that certain
"Third Order Amending Ordez of the Commissioner of Finance Relating to Use and Sale
of State Bond Financed Property" executed by the Commissioner of Minnesota
Management and Budget and dated June 19, 2012 (the "Commissioner's Order"), eveil
though such funds shall only be a portion of the funds being used to acquire such
ownership interest and/or improve such real property and structures and that such funds
may be used to only acquire such ownership interest and/or improve a part of such real
property and structures.
8. Council and Grantee desire to set farth herein the provisions relating to the
granting of such G.O. Grant and the disbursement thereof to Grantee and the operation of
the Real Property and the Facility.
NOW, THEREFORE, in consideration of the G.O. Grant described and other
provisions in this Agreement, Council and Grantee agree as follows:
4f�
Article I
DEFINITIONS
Section 1.01 Defined Terms. As used in this Agreement, the followin.g terms
shall have the meanings set out respectively after each such term (the meanings to be
equaily applicable to both the singular and plural forms of the terms defined), unless the
context specifically indicates otherwise:
"Advance(s)" — means an advance made or to be made by the Council to the
Grantee and disbursed in accordance with the provisions contained in Article VI
hereof.
"Agreement" - means this Metropolitan Municipal Publicly Owned
Infrastructure Inflow/Inf`�ltration Grant Program Grant Agreement - Construction
Grant for the Fridley - Numbers 416, 420 & 425 Sewer Linin�and Pipe Bursting
Rehab Project, as such exists on its original date and any amendments,
modifications or restatements thereof.
"Approved Debt" — means public or private debt of the Public Entity that is
consented to and approved, in writing, by the Commissioner of MMB, the proceeds
of which were or will used to acquire an ownership interest in or improve the Real
Property and Facility, other than the debt on the G.O. Bonds. Approved Debt
includes, but is not limited to, all debt delineated in Attachment III to this
Agreement; provided, however, the Commissioner of MMB is not bound by any
amounts delineated in such attachment unless he/she has consented, in writing, to
such amounts.
"Architect", if any - means --------------- , which will administer the
Construction Contract Documents on behalf of the Grantee.
"Certification" — means a certification in the form contained in Attachment
1-A to this Agreement and all amendments thereto, acknowledging that the Rea1
Property and Facilities is state bond financed property within the meaning of Minn.
Stat. § 16A.695, is subject to the requirements imposed by such statutes and cannot
be sold, encumbered or otherwise disposed of without the approval of the
Commissioner of the MMB.
"Code" - means the Internal Revenue Code of 1986, as amended from time to
time, and all treasury regulations, revenue procedures and revenue rulings issued
pursuant thereto.
"Commissioner of MMB" - means the commissioner of the Minnesota
Department of Management and Budget, and any designated representatives
thereof.
41s
"Commissioner's Order" - means that certain "Third Order Amending Order
of the Commissioner �f Finance Relating to Use and Sale of State Bond Financed
Properly" executed by the Commissioner of Minnesota Management and Budget
and dated June 19, 2012.
"Campletion Date" — means November 30, 2014 the date of projected
completion of the Project.
"Contractor" - means any person engaged to work on oz to furnish materials
and supplies for the Construction Items including, a general contractor.
"Construction Contract Documents" - means the document or documents, in
form and substance acceptable to the Council, including but not limited to any
construction plans and specifications and any exhibits, amendments, change orders,
modifications thereof or supplements thereto, which collectively form the contract
between the Grantee and the Contractor or Confiractors for the completion of the
Construction Items on or before the �ompletion Date for either a fixed price or a
guaranteed maximum price.
"Construction Items" — means the work to be performed under the
Constructian Contract Documents.
"Cauncil" - means the entity identified as the "Metropolitan Council" in the
lead-in paragraph of this Agreement.
"Declaration" - means a declaration, or declarations, in the form contained in
Attachment I to this Agreement and all amendments thereto, indicating that the
Crrantee's oumership interest in the Real Property and Facxlity is state bond
fmanced property within the meaning of the G.�. Compliance Legislation and is
subject ta certain restrictions imposed thereby.
"Draw Requisition" - means a draw requisition that the Grantee, or its
designee, submits to the Council when an Advance is requested, as referred to in
Section 6.02. .
"Easement Premises" - means the real estate and structures, granted to the
Grantee iuider an easement. "Event of Default" - means one or more of those
events delineated in Section 2.07.
"Facility" means, the Wastewater Systems identified in Recital No. 5 of this
Agreement which is located, or will be constructed and located, on the Real
Property and all equipment that is a part thereof that was purchased with the
proceeds.
"Fair Mazket Value" — means either (i) the price that would be paid by a
willing and qualified buyer to a willing and qualified seller as determined by an
4�
appraisal that assumes that all liens and encumbrances on the property being sald
that negatively affect the value of such property, will be paid and released, or (ii}
the price bid by a purchaser under a public bid procedure after reasonable public
notice, with the proviso that all liens and encumbrances on the property being sold
that negatively affect the value of such property, will be paid and released at the
time of acquisition by the purchaser.
"G.O. Bonding Legislation"—means the legislation delineated in Recital Nos.
1 and 2 hereinabove as the G.O. Bonding Legislation.
"G.O. Bonds" -means that portion of the state general obligation bonds issued
under the authority granted in Article XI, § 5(a) of the Minnesota Constitution, the
proceeds of which are used to fund the G.t�. Grant and any state bonds issued to
refund or replace such bonds.
"G.C�. Compliance Legislation" - means Minri. Stat. § 16A.695 as such may
subsequently be amended, modified or replaced fram time to time unless such
amendment, modification or replacement imposes an unconstitutional impairment
of a contract right.
"G.O. Grant"means a grant of monies from the Council to the Grantee in the
amount identified as the "G.O. Grant" in Section 2.01 (b) to this Agreement, as the
amount thereof may be modified under the provisions contained herein.
"Governmental Program" means the operation of the Real Property and the
Facility for the purpose specified and identified in Recital No. 5 of this Agreement
as the Governmental Program.
"Grantee" - means the entity identified as the "Grantee" in the lead-in
paragraph of this �greement.
"Initial Acquisition and Betterment Costs" — means the cost to acquire the
Grantee's ownership interest in the Real Property and Facility if the Grantee does
not already possess the required ownership interest, and the costs of betterments of
the Real Property and Facility; provided, however, the Council and the
Commissioner of MMB are not bound by any specific amount of such alleged costs
unless consented to in writing.
"Inspecting Engineer", if any - means the Council's construction inspector, ar
its designated consulting engineer.
"Outstanding Bala�.zce of the G.O. Grant—means the portion of the G.Q. Grant
that has been disbursed to or on behalf of the Grantee minus any portion thereof
previously paid back to the Commissioner of NIMB.
43�
I
"Ownership Value", if any — means the value, if any, of the Grantee's
ownership interest in the Real Property and Facility that existed concurrent with the
Grantee's execution of this Agreement. Such value shall be established by way of
an appraisal or by such other manner as may be acceptable to the Council and the
Commissioner of MMB. The parties hereto agree and acknowledge that such value
is $3,150,400 or Not Applicable; provided, however, the
Commissioner of M1VIB is not bound by any inserted dollar amount unless he/she
has consented, in writing, to such amount. If no dollar amount is inserted and the
blank "Not Applicable" is not checked, a rebuttable presumption that the
Ownership Value is $0.00 shall be created. (The blank "Not Applicable" should
only be selected and checked when a portion nf the funds delineated in Attacliment
III attached hereto are to be used to acquire the Grantee's ownership interest in
the Real Property and, Facility, and in such event the value of such ownership
interest should lie shown in Attachment I77 and not in this defrnition for Ownership
Value).
"Project" - means the Grantee's acquisition, of the ownership interests in the
Real Property and, Facility denoted in Section 2.02 along with the performance of
activities denoted in Section 2.03. (If the Grantee is not using any portion of the
G.O. Grant to acquire the ownership interest denoted in Section 2.02, then this
definition for Project shall not include the acquisition of such ownership interest,
and the value of such ownership interest shall not be included in Attac/i�nent III
hereto and instead shall be included in the definition for Chvnership Value under
this Section.)
"Real Property" - means the real property located in the County of
Anoka , State of Minnesota and identified in Attachment II to this
Agreement by legal description, narrative description or diagram.
"Subsequent Betterment Costs" — means the costs of betterments of the Real
Property and Facility that occur subsequent to the date of this Agreement, are not
part of the Project, would qualify as a public improvement of a capital nature (as
such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota
Constiiution), and the cost of which has been established by way of written
documentation that is acceptable to and approved, in writing, by the Council and the
Commissioner of MMB.
"Useful Life of the Real Property and Facility" — means (i) 30 years for Real
Properly that has no struciure situated thereon or if any structures situated thereon
will be removed, and no new stnictures will be constructed thereon, (ii) the
rema.ining useful life of the Facility as of the effective date of this Agreement for
Facilities that are situated an the Real Property as of the date of this Agreement,
that will remain on the Real Property, and that will not be bettered, or (iii) the
useful life of the Facility after the completion of the construction or betterments for
Facilities that are to be constructed or bettered.
4�
Article II
GRANT
Sectian 2.01(a). Grant of Monies. The Council shall make and issue the G.O.
Grant to the Grantee, for payment of Project items as described in Attachment IV to this
Agreement and disburse the proceeds in accordance with the provisions of this
Agreement. The G.O. Grant is not intended to be a loan even though the portion thereof
that is disbursed may need to be returried to the Council or the Commissioner of MMB
under certain circumstances.
Section 2.01(b). Maximum Expected Grant Amount (��Maximum Grant
Amount"). The Council will pay to Grantee a Maximum �rant Amount during the
Grant Project activity period of up to $123,841 ("Maximum Grant Amount"). However,
in no event wili the actual amount that the Council will pay to the Grantee for this
Agreement exceed one-half of the actual amount expended by the Grantee on eligible
expenses as specified in �ection 2.01(a). Neither the Council nor the MMB shall bear
any responsibilify for a cost overrun which may be incurred by the Grantee in
perfarmance of the�roject.
The actual Grant Amount will be determined by the Council upon submission by
Grantee to Council of reasonable; eligible and verifiable costs submitted in accordance
with the terms of this Agreement for the Grant Project as described in Attachment IV.
Section 2.02 Public Ownership. The Grantee acknowledges and agrees that the
G.O. Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of
the �2eal Property and Facility must be owned by one or more public entities. Such
ownership may be in the form of fee ownership or an easement. In order to establish that
this public ownership requirement is satisfied, the Grantee repxesents and wazrants to the
Council tliat it has, ar will acquire, the following ownership interests in the Real Property
and Facility, and, in addition, that it possesses, or will possess, all easements necessary
for the operation; maintenance and management of the Real Property and Facility in the
manner speciFied in Section 2.04:
(Check the appropriate box for t�e Real Property for the Facility.)
Ownership Interest in the Real Property.
� Fee simple ownership of the Real Property.
459
An easement for the Real Property that complies with the requirements contained in
X Section 2.06.
(If the term of the easement is for a term authorized by a Minnesota statute, rule or
session law, then insert the citation: .)
Permit for pipe in [Permittor] right-of-way that complies with the requirements
contained in Section 2.06.
Ownership Interest in the Facility.
Fee simple ownership of the Facility.
Not applicable because there is no Facility.
Section 2.03 Use of Grant Proceeds. The Grantee shall use the G.O. Grant
solely to reimburse itself for expenditures it has already made in the performance of the
Proj ect as described in Attachment IV to this Agreement, and may not use the G.O. Grant
for any other purpose. The Project as described in Attachment IV consists of the
following:
(Check all appropriate boxes.)
� Acquisition of fee simple title ta the Real Property.
� Acquisition of an easement for the Real Property.
� Improvement of the Real Property.
� Acquisition of fee simple title to the Facility.
� Construction of the Facility.
� Renovation of the Facility.
❑
(Describe other or additional purposes.)
Further, Grantee agrees to perform and complete in a satisfactory manner the
Project as described in Grantee's application for assistance under the Council's UI
Municipal Grant Program, which application is incorporated into Attachment N of this
Agreement by reference, and in accordance with the terms and conditions of this
4�
Agreement. Specifically, the Crrantee agrees to perform the Project in accardance with a
specific timeline, alI as described in Attachment IV and to undertake the financial
r�sponsibilities described in Attachment III to this Agreement. The Grantee has the
responsibility for and obligation to complete the Project as described in Attachment III
and IV. The Council makes no representation or warranties with respect to the success
and effectiveness of the Project.
The G.O. Grant cannot be used for normal municipal operating or overhead costs
related to the Project. G.O. Grani funds cannot be used for the costs of studies or for
engineering or planning costs, or for equipment, machinery, supplies or other property
necessary to conduct the Froject except f�r equipment, supplies or other property which
will be used prirnarily for the Project and that are specifically listed in Attachment N.
Section 2.U4 Operation af the Real Property and Facility. The Real Property
and Facility must be used by the Grantee or the Grantee must cause such Real Property
and Facility to be used for the operation of the Governmental Program or for such other
use as the Minnesota legislature may from time to time designate, and for no other
purposes or uses.
Grantee must annually determine that the Real Property and Facility is being used
for the purpose required by this Agreement, and has or has not been sold, abandoned,
leased or subjected to a management contract or an agreexnent for use of the Real
Property and Facility and shall annually supply a statemenf from an officer of the
Grantee, sworn to before a notary public, to such effeet to the Council and the
Corrunissioner of MMB.
For those programs, if any, that the Grantee will directly operate on all or any
portion of the Real Property and Facility, the Grantee covenants witYi and represents and
warrants to the Council that:_(i) it has the ability and a plan to fund such programs, (ii) it
has demonstrated such ability by way af a plan that it submitted to the Cnur�cil; and(iii)
it will annually adopt, by resolutinn, a budget for the operation of such programs that
clearly shovvs that forecast program revenues along with other funds available for the
operation af such program will be equal to or greater than forecast program expenses f�r
each fiscal year, and will supply, upon request; to the Council and the Commissioner of
MMB certified copies of such resolution and budget. For the purpose of this paragraph
anly, t�e budget(s) for the specific Governmental Program(s) supported by this G.O.
Grant may be cornbined with other programs af the Grantee.
Section 2.45 Grantee Representations and Warranties. The Grantee further
covenants with, and represents and wanants to the Council as follows:
A. It has legal authority to enter into, execute, and deliver this Agreement,
the Certification or Deelaration, and all documents referred to herein, has taken all
actions necessary to its execution and delivery of such documents, and provided to
the Council a copy of a resolution by its governing body which authorizes Grantee
to enter into this Agreem�nt, to undertake the UI Municipal Grant Program and
471
Project, including the Grantee financial responsibilities as shown in Attachment IV
and which also designates an authorized representative for the Project wha is
authorized to provide certifications required in this Agreement and submit pay
claims for reimbursement of Project costs.
B. It has legal authority ta use the G.O. Grant for the purpose or purposes
described in this Agreement and has received a copy of, has read and understands
the Council Guidelines for the Gouncil's UI Municipal Grant Program.
C. It has legal authorifiy to operate the Governmental Program.
D. This Agreement, the Declaration or Certification as applicable and alI
other documents referred to herein are the legal, valid and binding obligations of
the Grantee enforceable against the Grantee in accordance with their respective
terms.
E. It will comply with all of the terms, conditions, provisions, covenants,
requirements, and warranties in this Agreement, the Declaration or Certification as
applicable and all other documents referred to herein.
E. It will comply �vith all of the provisions and requirements contained in
and imposed by the G.O. Compliance Legislation, the Cornmissioner's Order, and
the G.O. Bonding Legislation.
G. It has made no material false statement or misstatement of fact in
connection with its receipt of the G.O. Grant, and all of the information it has
submitted or will submit to the Council or Commissioner of MMB relating to the
G.O. Grant or the disbursement of any of the G,O. Grant is and will be true and
correct. It agrees that all representations contained in its applicatian for the G.O.
Grant are material representations of fact upon which the Council relied in
awarding this G.(�. Grant and are incorporated into this Agreement by reference.
H. It is not in violation of any provisions of its charter or of the laws of the
State of Minnesota, and there are no material actions, suits, or proceedings pending,
or ta its knowledge threatened, before any judicial body or governmental authority
against or affecting it relating to the R.eal Property and Facilify, ar its ownership
interest therein, and it is not in default with respect to any order, �vrit, injunction,
decree, or demand of any court or any governmental authority which would impair
its ability to enter into this Agreement, the Declaxation or Certification as
applicable, or any document referred to herein, or to perfonm any of the acts
required of it in such documents. _
I. Neither the execution and delivery of this Agreement, the Declaration or
Certification, or any document referred to herein nor compliance with any of the
terms, conditions, requirements, or provisions contained in any of such documents
is prevented by, is a breach of, or will result in a breach of, any term, condition, or
4�
provision of any agreement or document to which it is now a party or by which it is
bound.
J. The cantemplated use of the Real Property and Facility will not violate
any applicable zoning or use statute, ordinance, building code,rule or regulation, or
any covenant or agreement of record relating thereto.
K. The Project will be completed in full compliance with all applicable
laws, statutes, rules, ordinances, and regulations issued by any federal, state, or
local political subdivisions having jurisdiction over the Project.
L. All applicable licenses, permits and bonds required for the performance
and completion of the Project have been, or will be, obtained.
M. All applicable licenses, permits and bonds required for the operation of
the Real Property and Facility in fhe manner specified in Section 2.04 have been, or
will be,obtained.
N. It will operate, maintain, and manage the Keal Property and Facility or
cause the Real Property and Facility, to be operated, maintained and managed in
compliance with aii applicable laws, statutes, rules, ordinances, and regulations
issued by any federal, state; or local political subdivisions having jurisdiction over
the Reai Property and Facility.
O. It has complied with the financial responsibility requirements contained
in Section 7.23'.
P. Whiie this Agreement is in effect, it will not, without the prior written
consent of the Council and the Commissioner of MMB, allow any voluntary lien or
encumbrance or involuntary lien or encumbrance that can be satisfied by the
payment of monies and which is not being actively contested to be created or exist
against the Grantee's ownership interest in the Real Property or Facility. Provided,
however, the Council and the Commissioner of MMB will cansent to any such lien
or encumbrarice that secures the repayment af a loan the repayment of which will
not impair or burden the funds needed to operate the Real Property and Facility in
the manner specified in Section 2.04, and for which the entire amount is used (i) to
acquire additional real estate that is needed i�o sa operate the Real Property and
Facitity in accordance with the requirements impased under Section 2.04 and will
� be included in and as part of the Grantee's ownership interest in the Real Praperty
and Facility, andlor (ii) to pay for capital improvements that are needed to so
operate the Real Property and Facility in accordance with the requirements imposed
under Section 2.04.
Q. It reasonably expects to possess the ownership interest in the Real
Property and Facility described Section 2.02 for the entire Useful Lit�e of the Real
4J13
Property and Facility, and it does not expect to sell, transfer or abandon such
ownership interest.
R. It does not reasonably expect to receive payments under a contract for
use of the Real Property or Facility, including leases or management contracts, in
excess of the amount the Grantee needs and is authorized to use to pay the operating
expenses of the portion of the Real Property and Facility that is the subject of such
contract or to pay the principal, interest, redemption premiums, and other expenses
on any Approved Deht.
S. It will su�ply, or cause to be supplied, whatever funds are needed above
and beyond the amount of the G.O, Grant to compTete and fully pay for the Project.
T. The Construction Items will be completed substantially in accordance
with the Construction Contract Documents by the Completion Date, and all such
items along with the Facility will be situated entirely on the Real Property.
U. It will require the Contractor or Contractors to comply with all rules,
regulations, ordinances, and laws bearing on its performance under the
Construction Contract Documents.
V. If all or any portion of the Govez`nmental Program does not qualify for
the Waiver of Real Properly Declaration granted by MMB, a copy of which is
attached to and incorporated hereto as Attachment V, it has submitted to ihe
Commissioner of MMB a written request that a declarati�n need nat be recorded
against the Real Property and if applicable, the Facility becalise such recording
would be unduly onerous or impracticable and has received from the Commissioner
of MMB a written waiver stating that a Declaration need not be recorded against the
Real Property and if applicable, the Faciliiy, a copy of which waiver is attached to
the Certification submitted as Attachment IA of this Agreement. [Grantee should
delete this Section is Grantee does not intend to appiy for Waiver or intends to
apply under Council's Waiver.]
W. It has executed and submitted a copy of one or more of the following to
the Council and Minnesota Management and Budge�, such thaf all parts of the
facility are covered by one of the following:
l. For a11 or part of the Governmental Programs which qualifies for
the Waiver of Real Property Declaration granted by Minneso#a Management
and Budget to the Council and aitached as Attacl�ment V, the Certification
attached as Attachment IA of this Grant Agreement; or
2. For all or part of the Governmental Program which daes not
qua.lify for the Waiver af Real Property Declaration granted to the Council,
but for which Grantee has obtained a Waiver of Real Property Declaration
from the Minnesota Management and Budget pursuant to Section 2.05 (V} of
�b
this Agreement, the Certification attached as Attachment IA, together with a
copy of the waiver; or
3. A fully executed Declarafion in the form attached to this
Agreement as Attachment I, such Declaration recorded or to be promptly
recorded with the appropriate governmental office, and a copy of such
recorded Declaration to be delivered to the Council and Minnesota
Manage�ent and Budget.
X. It shall furnish such satisfactory evidence regarding the representations
and warranties described herein as may be required and requested by either the
Council or the Commissioner of MNIB.
Section 2.06 Ownership by Easement.
A. A Real Property/Facility easement must comply with the following
provisions.
1. The Grantee is the grantee of easement and the easernent creates
the functional equivalency of fee ownership for the length of its term.
2. Tt must be permanent for a term that is equal to �r greater than
125% of the Useful Life of the Real Property and Facility, or such other
period of time specifically authorized by a Minnesota statute, rule or session
law.
3. It must nnt contain any requirements or obligations of the Grantee
that if not complied with could result in a terrnination thereof.
4. It must contain a provision that provides sufficient authority to
allow the Grantee to operate the Real Property and Facility in accordance with
the requirements unposed under Section 2.04.
5. It must not contain any provisions that would limit or impair fhe
Grantee's operation of the Real Property and Facility in accordance with tYte
requirements imposed under Section 2.Q4.
6. It must allow for a transfer thereof in the event that the grantee
under the easement makes the necessary determination to sell its interest
therein, and allow such interest to be transferred to the purchaser of such
interest.
B. The provisions contained in this Section are not intended to and shall not
prevent the Grantee from including additional provisions in the easement that are
not inconsistent with or contrary to the requirements contained in this Section.
5115
I
C. The Grantee shall fully and completely comply with all of the terms,
conditions and provisions contained in the easement, and shall file the easement in
the Office of the County Recorder or the Registrar of Titles.
Section 2.07 Event(s) of Default. The following events shall, unless waived in
writing by the Council and the Commissioner of MMB, constitute an Event of Default
under this Agreement upon either the Council or the Commissioner of MMB giving the
Grantee 30 days written notice of such event and the Grantee's failure to cure such event
during such 30 day time period for those Events of Default that can be cured within 30
days or within whatever time period is needed to cure those Events of Default that cannot
be cured within 30 days as long as the Grantee is using iis best efforts to cure and is
making reasonable progress in curing such Events of Default, howe�er, in no event shall
the time period to cure any Event of DefauIt exceed 6 months unless otherwise consented
to, in writing, by the Council and the Commissioner of MMB.
A. If any representation, covenant, or warranty made by the Grantee in this
Agreement, in any Draw Requisition, in any other document furnished pursuant to
this Agreement, ar in order to induce the Council to disburse any of the G.O. Grant
shall prove to have been untrue or incomect in any material respect or materially
misleading as of the time such representation, covenant,or warranty was made.
B. If the Grantee fails to fully comply with any pzovision, term, condition,
covenant, or warranty contained in this Agreement, the Declaration, or any other
document referred to herein.
C. If the Grantee fails to fully comply with any provision, term, condition,
covenant or warranty contained in the G.O. Compiiance Legislation, the
Commissioner's Order,or the G.O. Bonding Legislation.
D. If the Grantee fails to complete the Project, or cause the Project to be
eompleted;by the Campletion Date.
E. If the Grantee fails to provide and expend the full amount of the
financial responsibilities required under Section 7.23 for the Project.
F. If a Declaration is required, if the Grantee fails to record the Declaration
and deliver copies thereof as set forth in Section 2.OS.V.
Notwithstanding the foregoing, any of the above delineated events that cannot be
cured shall, unless waived in writing by the Council and the Commissioner of MMB,
constitute an Event of Defaizlt under this Agreement immediately upon either the C'ouncil
or the Commissioner of MMB giving the Grantee written notice of such event.
Section 2.0$ Remedies. Upon the occurrence of an Event of Default and at any
time thereafter until such Event of Default is cured to the satisfaction of the Councii, the
Council or the Commissioner of MMB may enforce any or all of the following remedies.
5�
A. The Council may refrain from disbursing the G.U. Grant provided,
however, the Council may make such disbursements after the occurrence of an
Event of Default without thereby waiving its rights and remedies hereunder.
B. If the Event of Default involves a failure to comply with any of the
provisions contained herein other then the provisions of Sections 4.01 or 4.02, then
either the�ouncil or the Commissioner of MMB, as a third party beneficiary of this
Agreement, znay demand that the Outstanding Balance af the G.O. Grant be
retarned to it, and upan such demand the Grantee shall return such amount to the
Cauncil or the Commissioner of MMB.
C. If the Event of Default involves a failure ta comply with the provisions
af Sections 4.41 or 4.02, then either the Council �r the Commissi�ner of MMB,as a
third party beneficiary of this Agreement, may demand that the Grantee pay the
amounts that would have been paid if there had been full and complete compliance
with such provisions, and upon such demand the Grantee shall pay such amount to
t�e Council or the Commissioner ofMMB.
U. Either the Council or the Commissioner of MMB, as a third party
benef ciary of this Agreement, may enforce any additional remedies they may have
in law or equity.
The rights and remedies herein specified are cumulative and not exclusive of any
rights or remedies that the Council or the Commissioner of MMB would otherwise
possess.
If the Grantee does not repay the amounts required to be paid under this Section or
under any other provision contained in tYzis Agreement within 30 days of demand by the
CounciI or the Commissioner of MMB, or any amount ordered by a court of competent
jurisdiction within 30 days of entry of judgment against the Grantee and in favor of the
Council andlor the Corrunissioner of MMB, then such amount may, unless precluded �y
law, be �aken from or off-set against any aids or other monies that the Grantee is entitled
to receive from the Council or State of Minnesota. In addition, the Council may use the
provisions of Minn. Stat. § 473.52I, subd. 4 to collect the amounts required to be paid
under this Section or under any other provision contained in this Agreement.
Section 2.09 Notification af Event of Default. The Grantee shall fumish to the
Council and the Corrunissioner of M1VIB, as soon as possible and in any event within
7 days after it has obtained knowledge of the occurrence of each Event of Default or each
event which with the giving of notice or lapse of time or both would constitute an Event
of Default, a statement setting forth details of each Event of Default or event which with
the giving of notice or upon the lapse of time or both would constitute an Event of
Default and the action which the Grantee proposes to take with respect thereto.
5317
Section 2.10 Survival of Event of Default. This Agreement shall survive any
and all Events of Default and remain in full force and effect even upon the payment of
any amounts due under this Agreement, and shall only terminate in accordance with the
provisions contained in Section 2.12 and at the end of its term in accordance with the
provisions contained in Section 2.11.
Section 2.11 Term of C�rant Agreement. This Agreement shall, unless earlier
terminated in accordance with any of the provisians contained herein, remain in full farce
and effect for the time period starting on the effective date hereof and ending on the date
that conresponds to the date established by adding a time period equal to 125% of Useful
Life of the Real Property and Facility to the date on which the Real Property and Facility
is first used for the operation af the Project after such effective date. If there are no
uncured Events of Default as of such date this Agreement shall terminate and no longer
be of any force or effect, and the Commissioner of MMB shall execute whatever
documents are needed to release the Real Property and Facility from the effect of this
Agreement and any Declarations or Certifications, as applicable.
Section 2.12 Modification and/or Early Termination of Grant. If the Project
is not started on or before the date that is six (6) months from the effective date of this
Agreement or all of the G.O. Grant has not been disbursed as of the date that is two {2)
years from July 1, 2012, or such other date to which the Grantee and the Council may
agree in writing, then the Council's obligation to fund fhe G.O. Grant shall terminate. In
such event, (i) if none of the G.O. Grant has been disbursed by such dates then the
Council's obligation to fund any portion of the G.O. Grant shall terminate and this
Agreement shall ierminate and no longer be af any force or effect, and (ii) if some but
not all af the G.O. Grant has been disbursed by such dates then the Council shall have no
further obligation to provide any additional funding for the G.O. Grant and this
- Agreement shall remain in fu11 force and effect but shall be modified and amended to
reflect the amount of the G.O. Grant that was actually disbursed as of such date. This
provision shall not, in any way, affect the Grantee's obligatian to complete the Project by
the Completion Date.
This Agreement shall also terminate and no longer be of any force or effect upon
the Grantee's sale of its ownership interest in the Real Property and Facility in
accordance with the pravisions contained in Section 4.01 and transmittal of all or a
portian of the proceeds of such sale to the Commissioner of MMB in compliance with
the provisions contained in Seciion 4.02, or upon the termination of Grantee's ownership
interest in the Real Property and Facility if such ownership interest is by way of an
easemenf. Upon such termination, the Comrnissioner of MMB shall execute, or have
executed, and deliver to the Grantee such documents as are required to release the
Grantee's ownership interest in the Real Property and Facility, from the effect of this
Agreement and the Declaration.
Section 2.13 Excess Funds. If the full amount of the G.fa. Grant and any
matching funds referred to in Section 7.23 are not needed to complete the Project, then,
unless language in the G.4. Bonding Legislation indicates otherwise, the G.4. Grant
5�
shall be reduced by the amount not needed. Any funds awarded by the Council under
this Agreement that have i) not been properly expended for the Project in accordance
with Attachments III and IV; ii) were expended by the Grantee but subsequently
reimbursed to Grantee or its agents, or iii) canstitute a total reimbursement in excess of
50% of the actual eligible spending will be repaid to the Council if paid and the unearned
part of the award canceled.
Article IIL
Contents of�rticle III have been deliberately omitted from this Agreemenf.
Article IV
SALE
Section 4.01 Sale. The Grantee shall not sell any part of its ownership interest in
the Real Property and Facility unless all of the following provzsions have been complied
with fully.
A. The Grantee determines, by official action, that such ownership interest
is no longer usable or needed for the operation of the Govemmenta.l Program,
which such determination may be based on a determination that the portion of the
Real Property or Facility to which such ownership interest applies is no longer
suitable or financially feasible for such purpose.
B. The sale is made as authorized by law.
C. The sale is for Fair Market Value.
D. The written consent of fhe Cammissioner of MMB has been obtained.
The acquisition of the Grantee's ownership interest in the Real Property and
Facility at a foreclosure sale, by acceptance af a deed-in-lieu of foreclosure, or
enforcement of a security interest in personal property used in the operation thereof,
by a lender that has provided monies for the acquisition of the Grantee's ownership
interest in or betterment of the Real Property Facility shall not be considered a sale
for the purposes of this Agreement if after such acquisition the lender operates such
portion of the Real Property and Facility in a manner which is not inconsistent with
the requirements imposed under Section 2.04 and the lender uses its best efforts to
sell such acquired interest to a third party for Fair Market Value. The lender's
ultimate sale or disposition of the acquired interest in the Real Property and Facility
shall be deemed to be a sale for the purposes of this Agreement, and the proceeds
thereof shall be disbursed in accordance with the provisi�ns contained in Section
4.02.
5�
The Grantee may participate in any public auction of its ownership interest in the
Real Propert}� and Facility and bid thereon; provided that the (�irantee agrees that if it is
the successful purchaser it will not use any part of the Real Property or Facility for the
Governmental Program.
Section 4.02 Proceeds of Sale. Upon the sale of the Grantee's ownership
interest in the Real Property and Facility the proceeds thereof after the deduction of all
costs directly associat�d and incurred in conjunction with such sale and such other costs
that are approved, in writing, by the Commissioner af MMB, but not including the
repayment of any debt associated with the Grantee's ownership interest in the Real
Property and Facility, shall be disbursed in the following manner and order.
A. The first distribution shall be to the Commissioner of MMB in an
amount equal to the Outstanding Balance of the G.4. Grant, and if the amount of
such net proceeds shall be less than the amount of the Outstanding Balance of the
G.O. Grant then all of such net proceeds shall be distributed to the Commissioner of
MMB.
B. The remaining p�rtion, after the distribution specified in Section 4.02A,
shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse
the Grantee for its Ownership Value, and (iii) to pay interested public and private
entities, other than any such entity that has aiready received the full amount of its
contribution (such as the Council under Section 402.A and the holders of Approved
Debt paid under this Section 4.02.B), the amount of money that such entity
contribuied to the Initial Acquisition and Betterment Costs and the Subsequent
Betterment Casts. If such remaining portion is not sufficient to reimburse interested
public and private entities for the fuil amount that such entities contributed to the
acquisition oz betterment of the Real Property and Facility, then the amount
available shall be distributed as such entities may agree in writing and if such
entities cannot agree by an appropriately issued court order.
C. The remaining portion, after the distributions specified in Sections
4.02.A and B, shall be divided and distributed to the Council, the Grantee, and any
other public and private entity that cantributed funds to the Initial Acquisition and
Betterment Gosts and the Subsequent Betterment Costs, other than lenders who
supplied any of such fiuids, in proportion to the contributions that tha Cou.ncil, the
Grantee, and such other public and private entities made to the acquisition and
betterment of the Real Property and, Facility as such amounts are part of the
Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent
Betterment Costs.
The distribution to the Council shall be made to the Commissioner of MMB, and
the Grantee may direct its distribution to be made to any other entity.
5�
All amounts to be disbursed under this Section 4.02 must be consented to, in
writing, by the Commissioner of MMB, and no such disbursements shall be made
without such consent.
The Grantee shall not be required to pay or reimburse the Council or ttr�
Commissioner of MMB for any funds above and beyond the full net proceeds of such
sale, even if such net proceeds are less than the amount of the Outstanding Balance of the
G.O. Grant.
Article V.
COMPLIANCE WITH G.U. COMPLIANCE LEGISLATION
AND THE COMIVIISSIONER'S ORDER
Section 5.01 State Bond Financed Property. The Grantee and the Council
acknowledge and agree that the Grantee's ownership interest in the Real Property and
Facility is, or when acquired by the Grantee will be, "state bond financed property", as
such term is used in the G.O. Compliance Legislation and the Comrnissioner's Order,
and, therefore; the provisions contained in such statute and order apply, or will apply, to
the Grantee's ownership interest in the Real Property and Facility.
Section 5.02 Preservation of Tax Ezempt 5tatus. In order to preserve the tax-
exempt status of the State G.O. Bonds,the Grantee agrees as fallows:
A. It will not use the Real Property or Facility, or use or invest the G.O.
Grant or any ather sums treated as "bond proceeds" under Section 148 of the Code
including "investment proceeds," "invested sinking funds," and "replacement
proceeds," in such a maizner as to cause the G.O. Bonds to be classified as
"arbitrage bonds"under Section 148 of the Code.
B. It will deposit into and hold all of the G.O. Grant that it receives under
#his Agreement in a segregated non-interest beazing account until such funds are
used for payments for the Project in accordance with the provisions contained
herein.
C. It will, upon written request, provide the Commissioner of MMB a11
information required to satisfy the informational requirements set forth in the Code
including, but not limited to, Sections 103 and 148 thereof, with respect to the G.O.
Bonds.
D. It will, upon the occurrence of any act or omission by the Grantee that
could cause the interest on the State G.U. Bonds to no longer be tax exempt and
upon direction from the Commissioner of MMB, take such actions and furnish such
documents as the Commissioner of NIMB determines to be necessary to ensure that
the interest to be paid on the State G:O. Bonds is exempt frorn federal taxation,
which such action may include either: (i) compliance with proceedings intended to
classify fhe State G.O. Bonds as a "qualified bond" within the meaning of Section
5721
141(e) of the Code, (ii) changing the nature of the use of the Real Praperty or
Facility so that none of the net proceeds of the State G.O. Bonds will be used,
directly or indirectly, in an "unrelated trade or business" or for any "private
business use" (within the meaning of Sections 141(b) and 145(a) of the Code), or
(iv} compliance with other Code provisions, regulations, or revenue pracedures
which amend or supersede the foregoing.
E. It will not otherwise use any of the G.O. Grant, including earnings
thereon, if any, or take or permit to or cause to be taken any action that would
adversely affect the exemption from federal income taxation of the interest on the
G.O. Bonds, nor otherwise omit, take, or cause to be taken any action necessary to
maintain such tax exempt status, and if it should take, permit, omit to take, or cause
to be taken, as appropriate, any such action, it shall take all lawful actions necessary
to rescind or correct such actions or omissions promptly upon having knowledge
thereof.
Section 5.43 Changes to G.O. Compliance Legislation or the Commissioner's
Order. In the event that the G.O. Compliance Legislation or the Commissioner's Order
is amended in a xnanner that reduces any requirement imposed against the Grantee, or if
the Grantee's ownership interest in the Real Property or Pacility is exempt from the G.O.
Compliance Legislation and the Commissioner's Order,then upon written request by the
Grantee the Council shall enter into and execute an amendment to this Agreement to
impleinent herein such amendment to or exempt the Grantee's ownership interest in the
Real Property and Facility from the G.O. Compliance Legislation or the Commissioner's
Order.
Article VI.
DISBURSEMENT OF GRANT PROCEEDS
Section 6.01 The Advances. The Council will make no advances of the G.O.
Grant to Grantee. The disbursement of the G.O. Grant shall be in the form of
reimbursement for eligih�e cosfs as provided ahead in this Article VI.
Section 6.02 Draw Requisitions. Whenever the Grantee desires a disbursement
of a portion of the G.O. Grant, which shall be na mare often than once each calendar
quarter, the Grantee shall submit to the Council a Draw Requisition duly executed on
behalf of the Grantee or its designee. Each Draw Requisition with respect to
construction items shall be limited to amounts equal to: (i) the total value of the classes
of the work by percentage of completion as approved by the Grantee and the Council,
plus (ii) the ualue of materials and equipment not incorporated in the F'roject but
deiivered and suitably stored on or off the Real Property in a manner acceptable to the
Council.
Notwithstanding anything herein to the contrary, no Draw Requisition for materials
stored on or off the Real Property will be made unless the Grantee shall advise the
5�
Council, in writing, of its intention to so store materials prior to their delivery and the
Gouncil has not objected thereto.
At the time of submission of each Draw Requisition, other than the final Draw
Requisition, the Grantee shall submit to the Council such supporting evidence as may be
requested by the Council to substantiate all payments which are to be made out of the
relevant Draw Requisition or to substantiate all payments then made with respect to the
Project.
At the time of submission of the final Draw Requisition which shall not be
submitted before completion of the Project, including all landscape requirements and off=
site utilities and streets needed fox access to the Real Property arid Facility and correction
of material defects:in workmanship or materials (other than the completion of punch list
items) as provided in the Construction Contract Documents, the Grantee shall submit to
the Council: (i) such supporting evidence as may be requested by the Council to
substantiate all payments which are to be made out of the final Draw Requisition or to
substantiate a11 payments fhen made with respect to the Project, and (ii) satisfactory
evidence that all work requiring inspection by municipal or other governmental
authorities having jurisdiction has been duly inspected and approved by such authorities,
and that all requisite certificates of occupancy and other approvals have been issued.
Section 5.03 Additional Funds. If the Council shall at any time in good faith
deterinine that the sum of the undisbursed amount of the G.O. Grant plus the amount of
at1 other funds committed to the Project is less than the amount required to pay all costs
and expenses of any kind which reasonably may be anticipated in connection with the
Project, then the Council may send written notice thereof to the Grantee specifying the
amount which must be supplied in order to provide sufficient funds to complete the
Project. The Grantee agrees that it will, within 10 calendar days of receipt of any such
notice, supply or have some other entiTy supply the amount of funds specified in the
Council's notice.
Section 6.04 Conditions Precedent to Any Draw. The obligation of the
Council to make Draws hereunder (including the initial Advarzce) shall be subject to the
following conditions precedent:
A. The Council shall have received a Draw Requisition for such amount of
funds being requested, which such amount when added to a11 prior requests for
Draws shall not exceed the amount of the G.O. Grant delineated in Sectian 1.01.
B. For all or any portion of the Governmental Program which qualifies for
a waiver of Real Property Declaration granted to either the Council (Attachment V)
or Grantee, the Council shall have either received the duly executed Certification
attached to this Agreement as Attachmenfi 1 A or for all or any portion of the
Governmental Program which does not qualify for a Waiver of Rea1 Property
Declaration, a copy of duly executed Declaration that has been duly recorded in the
appropriate governmental office, with alI of the recording information displayed
5�3
therean, or evidence that such Declaration will promptly he recorded and delivered
to the CounciL
C. The Council shall have received evidence upon request, and in form and
substance acceptable to the Council, that (i) the Grantee has legal authority to and
has taken all actions necessazy to enter into this Agreement and the Certification or
the Declaration, as applicable, and (ii) this Agreement and the Declazation or
Certification, as applicable, are binding on and enforceable against the Grantee.
D. The Council shall have received evidence upan request, and 'zn form and
substance acceptable to the Council, that the Grantee has sufficient funds to fully
and completely pay for the Project and all other expenses that may occur in
conjunction therewith.
E. The Council shall have received evidence upon request, and in form and
substance acceptable to the Council; that the Grantee is in compliance with the
matching funds requirements, if any, contained in Section 7.23.
F. The Council shall have received evidence upon request, and in form and
substance acceptable to the Council, showing that the Grantee possesses the
ownership interest delineated in Section 2,02.
G. The Council shall have received evidence upon request, and in form and
substance acceptable to the Council, that the Real Property and Facility, and the
contemplated use thereof are permitted by and will comply with all applicable use
or other restrictions and requirements imposed by applicable zoning ordinances or
regulations, and, if required by law, have been duly approved by the applicable
municipal or govemmental authorities having jurisdiction thereover.
H. The Council shall have received evidence upon request, and in farm and
substance acceptable t� the Council, that that all applicable and required building
permits, other permits, bonds and licenses necessary for the Project have been paid
for, issued, and obtained, other than th�se permits, bonds and licenses which may
not lawfully be obtained until a future date or those permits, bonds and licenses
which in the ordinary course of business would normally not be obtained until a
Iater date.
I. The Council shall have received evidence upon request, and in form and
substance acceptable to the Council, that that all applicable and required permits,
bonds and licenses necessary for the operation of the Real Property and Facility in
the manner specified in Section 2.04 have been paid for, issued, and obtained, ather
than those permits, bonds and licenses which may not iawfully be obtained until a
future date ar those permits, bonds and licenses which in the ordinary course of
business would normally not be obtained until a later date.
6Q4
J. The Council shall have received evidence upon request, and in fonn and
substance acceptable to the Council, that the Project will be completed in a manner
that will allow the Real Property and Facility to be operated in the manner specified
in Section 2.04.
K. The Council shall have received evidence upon request, and in form and
substance acceptable fio the Council, that the Grantee has the abiiity and a plan to
fund the operation of the Real Property and Facilify in the manner specified in
Section 2.04.
L. The Council shall Yiave received evidence upon request, and in form and
substance acceptable to the Council, that the insurance requirements under Section
7.01 have been satisfied.
NI. CONTENTS HAVE BEEN DELIBER:ATELY OMITTED FROM
THIS AGREEMENT.
N. No Event of Default under this Agreement or eve�it which would
constitute an Event of Default but for the requirement that notice be given or that a
period of'grace or time elapse shall have occurred and be continuing.
O. The Council shall have received evidence upon request, and, in form
and substance acceptable to the Council, that the Contractor will complete the
Construction Items substantially in conformance with the Construction Contract
Documents and pay all amounts lawfully owing to all laborers and materialmen
who worked on the Construction Items ar supplied materials therefore, other than
amounts being contested in good faith. Such evidence rnay be in the form of
payment and performance bonds in amounts equal to or greater than the amount of
the fixed price or guaranteed maximum price contained in the Construction
Contract Documents that name the Council and the Grantee dual obligees
thereunder, or such other evidence as may be accepfable to the Grantee and the
Cauncil.
P. No detezmination shall have been made by the Council that the amount
of funds committed to the Project is less thari the amount required to pay all costs
and expenses of any kind that may reasonably be anticipated in connection with the
Project, or if such a det�ermination has been made and n�tice thereof sent to the
Grantee under Section 6.03, then the Grantee has supplied, or has caused some
other entity to supply, the necessary fiznds in accordance with such section or has
provided evidence acceptable to the Council that sufficient funds are available.
Q. The Grantee has supplied to the Council all ofher items that the Council
may reasonably require.
Section 6.05 Construction Inspeetions. The Grantee and the Architect, if any,
shall be responsible for making their own inspections and observations of the
6125
Construction Items, and shall determine to their own satisfaction that the work done or
materials supplied by the Contractors to whom payment is t� be made out of each
Advance has been properly done or supplied in accordance with the Construction
Contract Documents.
Article VII.
MISCELLANEOUS
Section 7.01 Insurance. The Grantee shall, upon acquisition of the ownership
i�terest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal
to the full insurable value thereof(i) by self insuring under a program of self insurance
legally adopted, maintained and adequately funded by the Grantee, or (ii) by way of
builders risk insurance and fire and extended coverage insurance with a deductible in an
amount acceptable to the Council under which the Council and the Grantee are named as
loss payees. If damages which are covered by such required insurance accur, then the
Grantee shall, at its sole option and discretion, either: (y) use or cause the insurance
proceeds to be used to fully or partialiy repair such damage and to provide or cause to be
provided whafever additionat funds that may be needed to fully or partially repair such
damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real
Property associated therewith in accordance with the provisions contained in Section
4.01.
If the Grantee elects to only partially repair such damage, then the portion of the
insurance proceeds not used for such repair shall be applied in accordance with the
provisions contained in Section 4.02 as if the Grantee's ownership interest in the Real
Property and Facility had been sold, and such amounts shall be credited against the
amounts due and owing under Section 4.02 upon the ultimate sale of the Grantee's
ownership interest in the Real Property and Facility. If the Grantee elects to sell its
ownership interest in the damaged Facility and portion of the Rea1 Property associated
therewith, then such sale must occur within a reasonable time period from the date the
damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of
such sale must be applied in accordance with the provisions contained in Section 4.02,
with the insurance proceeds being so applied within a reasonable time period from the
date they are received by the Grantee.
If the Grantee elects to maintain general comprehensive liability insurance
regarding the Real Froperty and Facility, then the Grantee shall have the Council named
as an additionaI named insured therein.
At the written request of either the Council or the Commissioner of MMB, the
Crrantee shall promptly furnish to the requesting entity all written notices and all paid
premium receipts received by the Grantee regarding the required insurance, or certificates
of insurance evidencing the existence of such required insiarance.
If the Grantee fails to provide and maintain the insurance required under this
Section, then the Council rnay, at its sole option and ciiscretion, obtain and maintain
�
I
insurance of an equivalent nature and any funds expended by the Council to obtain or
maintain such insurance shali be due and payable on demand by the Council and bear
interest from the date of advancement by the Council at a rate equal to the lesser of the
maximum interest rate allowed by law or 18% per annwn based upon a 365-day year.
Provided, however, nothing contained herein, including but not limited to this Section,
shail require the Council to obtain or maintain such insurance, and the Council's decision
to not obtain or maintain such insurance shall not lessen the Grantee's duty to obtain and
maintain such insurance.
Sectian 7.02 Condemnation. If after the Gran#ee has acquired the ownership
interest delineated 'zn �eetion 2.02 all or any portion of the Real Property and Facility is
condemned to an extent that the Grantee can no Ionger comply with the provisions
contained in Section 2.04, then the Grantee shall, at its sole option and discretion, either:
(i) use or cause the condemnation proceeds to be used to acquire an interest in additional
real property needed for the Grantee to continue to comply with the provisions contained
in Section �.U4 and to fully or partially resfore the Faciliiy and to provide or cause to be
provided whatever additional funds that may be needed for such purposes; or (ii) sell the
remaining portion of its ownership interest in the Real Property and Facility in
accordance with the provisions contained in Section 4.01. Any condemnation proceeds
which are not used to acquire an interest in additional real property or to restore the
Facility shall be applied in accordance with the provisions contained in Section 4.02 as if
the Grantee's ownership interest in the Real Property and Facility had beEn sold, and
such amounts shall be credited against the amounts due and owing under Section 4A2
upon the ultimate sale of the Grantee's ownership interest in the remaining Real Property
and Facility. If the Grantee elects to sell its ownership interest in the portion of the Real
Froperty and Facility that remains after the condemnation, then such sale must occur
within a reasonable time period from the date the condemnation occurred and the
cumuiative sum of the condemnation proceeds plus the proceeds of such sale must be
applied in accordance with the provisions contained in Section 4A2, with the
condemnation proceeds being so applied within a reasonable time period from the date
they are received by the Grantee.
As recipient of any of condemnation awards or proceeds referred ta herein, the
Council agrees to and will disclaim, assign or pay over to the Graritee all of such
condemnation awards or proceeds it receives so that the Grantee can comply with the
requirements that this Section imposes upon the Grarrtee as to the use of such
condemnation awards or proceeds.
Section 7.03 Use, Maintenance, Repair and Alterations. The Grantee shall
(i) keep the Real Property and Facility, in good condition and repair, subject to
reasonable and ordinary wear and tear, (ii) complete pramptly and in good and
workmanlike manner any building or other improvement which may be constructed ari
the Real Property and promptly restore in like rnanner any portion of the Facility which
may be damaged or destroyed thereon and pay when due all claims for labor performed
and materials fiu�nished therefore, (iii) comply with all laws, ordinances, regulations,
requirements, covenants, conditions and restrictions now or hereafter affecting the Real
6��
Property or Facility, or any part thereof, or requiring any alterations or improvements
thereto, (iv) keep and maintain abutting grounds, sidewalks, roads,parking and landscape
areas in good and neat order and repair, (v) comply with the provisions of any easement
if its ownership interest in the Real Property and Facility is by way of such easement, and
(vi) comply with the provisions of any condominium documents and any applicable
reciprocal easement or operating agreements if the Real Property and Facility, is part of a
condominium regime or is subject to a reciprocal easement or use agreement.
The Grantee shall not, without the written consent of the Council and the
Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or
Facility, for any purpose other than the purposes specified in Section 2.Q4, (b} remove,
demolish or substantially alter any of the Real Property or Facility, except such
alterations as may be required by laws, ordinances or regulations or such other alterations
as may improve such Real Property or Facility by increasing the value thereof or
improving its ability to be used to operate the Governmental Program thereon or therein,
(c) do any act or fhing which would unduly impair or depreciate the value of the Real
Property or Facility, (d) abandon the Real Property or Facility, (e) commit or pernut any
�vaste or deterioration of the Real Property or Facility, (f� remove any fixtures or personal
praperfy from the Real Property or Facility, that was paid for with the proceeds of the
G.�. Grant unless the same are immediately replaced with like property of at least equal
value and utility, or (g) cammit, suffer or permit any act ta be done in or upon the Real
Propert}�or Facility, in viglation of any law, ordinance or regulation.
If the Grantee fails to maintain the Rea1 Property and Facility in accordance with
the provisions contained in this Section, then after a notice and a reasonable time to cure
the deficiency, the Couticil may perform whatever acts and expend whatever funds that
are necessary to so maintain the Real Property and Facility and the Grantee irrevocabiy
authorizes and empowers the Council to enter upon the Rea1 Property and Facility, to
perform such acts as may to necessary to so maintain the Real Property and Faciiity. Any
actions taken or funds expended by the Council hereunder shall be at its sole option and
discretion, and nothing contained herein, including but not limited to this Section, shall
require the Council to take any action, incur any expense, or expend any funds, and the
Council shall not be responsible foz or liable to the Grantee or any other entity for any
such acts that are undertaken and performed in good faith and not in a negligent manner.
Any funds expended by the Council to perform such acts as may to necessary to so
maintain the Real Property and Facility shall be due and payable on demand by the
Council and beax interest from the date of advancement by the Council at a rate equat to
the lesser of the maximum interest rate allowed by law or 18% per annum based upon a
365 day year.
Section 7.04 Records Keeping and Reporting. The Grantee shall maintain or
cause to be maintained books, records, documents and other evidence pertaining to the
costs or expenses associated with the Project and operation of the Real Property and
Facility needed to comply with the requirements contained in this Agreement, the G.O.
Compliance Legislation, the Commissioner's Order, and the G.O. Bonciing Legislation,
and upon request shall allow c�r cause the entity which is maintaining such items to allow
6+�
the Council, auditors for the Council, the Legislative Auditor for the State of Minnesota,
or the State Auditor far the State of Minnesota, to inspect, audit, copy, or abstract, all of
such items. The Grantee shall use or cause the entity which is rr�aintaining such items to
use generaliy accepted accounting principles in the maintenance of such items, and shall
retain or cause to be retained (i) all of such items that relate to the Project for a period of
6 years from the date that the Project is fully completed and placed into operation, and
(ii) alI of such items that relate to the operation of the Rea1 Property and Facility for a
period of 6 years from the date such operation is initiated. Grantee shall maintain and
provide to the Metropolitan Council, as reasonably requested, documentation that
determines for capital projects where the 2012 State bond grant funding is insu�cient by
itself to complete the project, whether additional funding from other sources (including
any required match) is sufficient and has been committed to fund the project as required
by M.S. Sec, 16A.502. Grantee shall collect, maintain and, upon completion of the
Project, provide to the Council written documentation of the jobs created or retained as a
result of the Project as required by Minn. Stat. § 16A.633. The documentation must
include, but is not limited to, the following information: the number and types of jobs for
the Project, whether the jobs are new or retained, where the jobs are located and the pay
ranges of the jabs. The Grantee shall provide the documentation to the Council at the
time and in the manner required by the Coun.cil.
Sectian 7.05 Inspections by Council. Upon reasonable request by the Council
and without interfering witih the normal use of the Real Property and Facility, the Grantee
shall allow the C�uncil to inspect, take and use photos of the Keal Property and Facility.
Section 7.06 Data Praetiees. The Crrantee agrees with respect to any data that it
possesses regarding the G.O. Grant, the Project, ox the operation of the Real Property and
Facility, to camply with all of the provisions and restrictions contained in the Min.nesota
Government Data F'ractices Act conta.ined in Chapter l.3 of the Minnesota Statutes that
exists as of the date of this Agreement and as such may subsequently be amended,
modified or replaced from time ta time.
Section 7.07 Non-Discrimination. The Grantee agrees to not engage in
discriminatory employment practiees regarding the Project, or operation or management
of the Real Property and Facility, and it shall,with respect to such activities, fully comply
with alI of the provisions contained in Chapfers 363A and 181 nf the Minnesota Statutes
that exist as of the date af this Agreement and as such may subsequently be amended;
modified or repiaeed from time to time.
Section 7.08 Worker's Compensation. The Grantee agrees to comply with all
of the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181
subd. 2 and 176.182, as they may be amended, modified or replaced from time to time,
with respect to the Project and the operation or management of the Real Property and
Facility.
Section 7.Oy Antitrust Claims. The Grantee hereby assigns to the Coun.cil and
the Commissioner of MMB all claims it may have for over charges as to goods or
6�9
services provided with respect to the Project, and operation or management of the Real
Property and Facility that arise under the antitrust laws of the State of Minnesota or of the
United States of America.
Section 7.10. CONTENTS OF SECTION 7.10 HAVE BEEN DELIBERATELY
OMITTED FROM THIS AGREEMENT.
Section 7.11 PrevaiIing Wages. Tlie Grantee agrees to comply with all of the
applicable provisions contained in Chapter 177 of the Minnesota Statutes, and
specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they
may be amencied, modified or replaced from time to time with respect to the Project anci
the operation of the Governmental Program on or in the Rea1 Property and Facility. By
agreeing to this provision, the Grantee is not acknowledging or agreeing that the cited
provisions apply to the Project or the operation of the Govemmental Program on ar in the
Real Property and Facility.
Section 7.12 Liability. The Grantee and the Council agree that they will, subject
to any indemnifications provided herein, be responsible for their own acts and the results
thereof to the extent authorized by law, and they shall not be responsible for the acts of
the other parry and the results thereof. Theliability of the Council and the Gonunissioner
of MMB is govemed by the provisions contained in Minn. Stat. § 3.73fi, Minn. Stat. and
chapter 466 as it may b� amended, modified or replaced from time to time. If the
Grantee is a"municipality" as such term is used in chapter 466 of the Minnesota Statutes
that exists as of the date of this Agreement and as such may subsequently be amended,
modified or replaced from time to time, then the liability of the Grantee, including but not
lirrrnited to the indemnification provided under Section 7.13, is governed by the provisions
contained in such Chapter 466.
Section 7.13 Indemnification by the Grantee. The Grantee shall bear all loss,
expense (incluciing attorneys' fees), and damage in connection with the Project and
operation of the Real Properiy and Facility, and agrees to indemnify and hold harmless
the Council, the Commissioner of MM�, and the State of Minnesata, their agents,
� servants and employees from all cla.ims, demands and judgments made or recovered
against the Council,the Commissioner of MMB, and the State of Minnesota, their agents,
servants and employees, because of bodily injuries, including death at any time resulting
therefrom, or because of damages to property of the Council, the Gommissxoner of
MIVIB, or the State of Minnesota, or others (including loss of use) from any cause
whatsoever, arising out of, incidental to, or in connection with the Project or operation of
the Real Property and Facility, whether or not due to any act of omission or commission,
including negligence of the Grantee or any contractor or his or their employees, servants
or agents, and whether or not due to any act of omission or commission (excluding,
however, negligence or breach of statutory duty) of the Council, the Commissioner of
MMB, or the State of Minnesota, their employees, servants or agents.
The Grantee further agrees to indemnify, save, and hold the Council, the
Commissioner af MMB, and the State of Min.nesota, their agents and employees,
�
harmless from all claims arising out of, resulting from, or in any manner attributable to
any violation by the Grantee, its officers, employees, or agents, of any provision of the
Minnesota Governrnent Data Practices Act, including legal fees and disbursements paid
or incurred to enforce the provisions contained in Section 7.06.
The Grantee's liability hereunder shall not be limited to the extent af insurance
carried by or provided by the Grantee, or subject to any exclusions from coverage in any
insurance policy.
Section 7.14 Relationship of the Parties. Nothing contained in this Agreement
is intended or should be construed in any manner as creating or estabIishing the
relationship of co-partners or a joint venture between the Grantee, the Council, or the
Commissioner of MMB, nor shall the Grantee be considered or deemed to be an agent,
representative, or employee of the Council, the Commissioner of MMB, or the State of
Minnesota in the performance of this Agreement, the Project, ar operation of the Real
Property and Facility.
The Grantee represents that it has already or will secure or cause to be secured all
personnel required for the perForm�nce of this Agreement and the Project, and the
operation and maintenance of the Real Property and Facility. Ali personnel of the
Grantee or other persons while engaging in the performance of this Agreement, the
' Project, or the operation and maintenance of the Real Property and Facility shall not have
any contractual relationship with the Council, the Commissioner of MMB, or the State of
Ivlinnesota., and shall not be consiciered employees of any of such entities. In addition, all
claims that may arise on behalf of said personnel or other persons out of employment or
alleged employment including, but not Iimited to; claims under the Workers'
Compensation Act of the State of Minnesota, claims of discrimination against the
Grantee, its officers, agents, contractors, or employees shall in no way be the
responsibility of the Coun.cil, the Commissioner of MMB, or the State of Minnesota.
Such personnel or other persons shall not require nor be entitled to any compensation,
rights or benefits of any kind whatsoever from the Council, the Comrriissioner of M1VIB,
or the State of Minnesota including, but not limited to, tenure rights, medical and hospital
care, sick and vacation leave, disability benef�ts, severance pay and retirement benefits.
Section 7.�5 Notices. In addition to any xiatice required under applicable law to
be given in another manner, any notices required hereunder must be in writing and shall
be sufficient if personally served or sen� by prepaid, registered, or certified mail (retum
receipt requested), to the business address of the party to whom it is directed. Such
business address shall be that address specified below or such different address as may
hereafter be specified, by either party by written notice to the other:
To the Public Entity Grantee at:
City of Fridl�
6431 Universitv Ave NE
Fridle�, MN-55432
Attention: James Kosluchar
6�i
To the State Entity Council at:
Metropolitan Gouncil
390 Rabert Streef North
St. Paul, MN 55101
Attention: Regional Administrator
To the Commissioner af MNIB at:
Minnesota Department of Management and Budget
400 Centennial Office Bldg.
6S8 Cedaz Street
St. Paul, MN SS15S
Attention: Commissioner
Section 7.16 Binding Effect and Assignment or Modification. This
Agreement and the Declaration shall be binding upon and inure to the benefit of the
Grantee and the Council, and their respective successors and assigns. Provided,however,
that neither the Grantee nor the Council may assign any of its rights or obligations under
this Agreement or the Declaration without the prior written consent of the other party.
No chan.ge or modification of the terms or provisions of this Agreement or the
Declaration shall be binding on either the Grantee or the Council unless such change or
madification is in writing and signed by an authorized official of the party against which
such change or modification is to be imposed.
Section 7.17 Waiver. Neither the failure by the Grantee, the Council, or the
Commissioner of MMB; as a third party beneficiary of this Agreement, in any one or
more instances to insist upon the complete and total observance or performance of any
term or provision hereof,nor the failure of the Grantee,the Council, or the Commissioner
of MNIB, as a third party beneficiary of this Agreement, to exercise any right, privilege,
or remedy conferred hereunder or afforded by law shall be construed as waiving any
breach of such term, provision, or the right to exercise such right, privilege, or remedy
thereafter. In addition, no delay on the part of the Grantee, the Council, or the
Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any
right or remedy hereunder shall operate as a waiver thereof, nor sha.11 any single or partial
exercise af any right or remedy preclude ofiher or further exercise thereof or the exercise
of any other right or remedy.
Section 7.18 Entire Agreement, This Agreement, the Declaration or
Certification, as applicable, and the documents, if any, referred to and incorporated herein
by reference embody the entire agreement between the Grantee and the Council, and
there are no other agreements, either oral or written, between the Grantee and the Council
on the subj ect matter hereof.
6�
Section 7.19 Choice of Law and Venue. All matters relating to the validity,
construction, performance, or enforcement of this Agreement or the Declaration shall be
determined in accordance with the laws of the State of Minnesota. All legal actions
initiated with respect to or arising from any provision contained in this Agreement sha11
be initiated, filed and venued in the State of Minnesota District Court located i.n the City
of St. Paul, County of Ramsey, State of Minnesota.
Section 7.20 Severability. If any provision of this Agreement is finally judged
by any court fo be invalid, then the remaining provisions shall remain in fu11 force and
effect and they shall be interpreted, performed, and enforced as if the invalid provision
did not appear herein.
Section 7.21 Tinne of Essence. Time is of the essence with respect to all of the
matters contained in this Agreexnent.
Section 7.22 Counterparts. This Agreement may be executed in any nuznber of
counterparts, each of which when so executed and delivered shall be an original,but such
counterparts shall together constitute ane and the same instrument.
Section 7.23 Grantee Financial Responsibilities. The Grantee must fulfill its
financial responsibilities for the Project as shown on Attachment III to this Agreement.
(If there are no matchiug funds requirements then insert the word"NONE".)
Section 7.�4 Source and Use of Funds. The Grantee represents to the Councii
and the Commissioner of MMB that Attaehment III is intended to be and is a source and
use of funds statement showing the total cost of the Project and all of the funds that are
available for the completion of the Project, and that the information contained in such
Attachment III correctly and accurately delineates the following information.
A. The total cost of the Project detailing all of the major elements that
make up such total cost and how much of such total cost is attributed to each such
major element.
B. The source of all funds needed to complete the Project broken down
among the following categories:
(i) Stata funds including the G.O. Grant, identifying the source and
amount of such funds.
(ii) Matching funds, ident'tfying the source and amount of such funds.
(iii) Other funds supplied by the Grantee, identifying the source and
amount of such funds.
(iv) Loans, identifying each such loan, the entity providing the loan,
the arnount of each such loan, the terms and conditions of each
such loan, and all collateral pledged for repayment of each such
loan.
6933
(v) Other funds, identifying the source and amount of such funds.
C. Such other financial information that is needed to correctly reflect the
total funds available for the completion of the Project, the source of such funds and
the expected use of such funds.
If any of the funds included under the source of funds have conditions precedent to
the release of such funds, then the Grantee must provide to the Council and the �
Commissioner of 1VIMB a detailed description of such conditions and what is being done
to satisfy such conditions.
The Grantee shall also supply whatever other information and documentafiion that
the Council or the Commissioner of MMB may request to support or explain any of the
information contained in Attachment III.
The value of the Grantee's ownership interest in the Real Property and Facility
should only be shown in Attachment III if such ownership interest is l�eing acquired and
paid for with funds shown in such Attachment III, and for all other circumstances such
value should be shown in the definition for Ownership Value in Section 1.01 and not
included in such Attachment III.
The funds shown in Attachment III and to be supplied for the Project may, subject
to any limitations contained in the G.O. Bonding I,egislation, be provided by either the
Grantee.
Section 7.25 Project Comptetion Schedule. The Grantee represents to the
Cauncil ar�d the Commissioner of MMB that Attachment IV correctly and accurately
delineates the projected schedule for the completion of the Project.
Section 7.26 Third-Party Beneficiary. The Governmental Program will benefit
the State of Minnesota. and the provisions and requirements contained herein are for the
benefit of both the Council and the State of Minnesota. Therefore, the State of
Minnesota., by and through its Commissioner of MMB, is and shall be a third-party
beneficiary of this Agreement.
Section 7.27 Grantee Tasks. Any tasks that this Agreement imposes upon the
Grantee may be perforrned by such other entity as the Grantee may select or designate,
provided that the failure of such other entity to perform said tasks shail be deemed to be a
failure to perform by the Grantee.
Section 7.28 Council and Commissioner Required Acts and Approvals. The
Council and the Commissioner �f MMB shall not (i)perform any act herein required ar
authorized by it in an unreasonable manner, (ii)unreasonably refuse to perfarm any act
that it is required to perfarm hereunder, or (iii) unreasonably refuse to provide or
withhold any approval that is required of it herein.
7(�4
Section 7.29 Applicability to Real Property and Facility. This Agreemenf
applies to the Grantee's ownership interest in the Real Property and if a Facility exists to
the Facility. The term "if applicable" appearing in cvnjunction with tYie term"Facility" is
meant to indicate that this Agreernent will apply to a Facility if one exists, and if no
Facility exists then this Agreement will only apply to the Grantee's ownership interest in
the Real Property.
Section 7.30 E-Verification. The Grantee agrees and acknowledges that it is
aware of Governor's Executive Order 08-01 regarding e-verification of employment of
all newly hired employees to confirm that such employees are legally entitled to work in
the United States, and that it will, if and when appIicable, fully comply with such order
and impose a similar requirement in any Use Agreement to which it is a party.
Section 731 Additional Requirements. The Grantee and the �ouncil agree to
comply with the following additional requirements. In the event of any conflict or
inconsistency between the following additianal requirements and any other provisions or
requirement contained in this Agreement, the following additional requirements
contained in this Section shall control.
Seetion 7.32 Termination Due to Lack of Funds. Grantee recognizes that
Council's obligation to reimburse Grantee for eligible Project costs is dependent upon
Council's receipt of funds from the State of Minnesota appropriated to Council under
2010 Session Laws Chapter 189, Section lb, subdivision 3. Shauld the State of
Minnesota terminate such appropriation or should such funds becorne wnavailable to
Council for any reason, Council shall, upon written natice to Grantee of termination or
unavailability of such funds, have no further obligations for reimbursement or otherwise
under this Urant Agreement. In the evenf of such written notice to Grantee by Council of
termination or unavailability of funds, Grantee has no further obligation to camplete the
Grant Program as required by this Grant Agreement.
Section 733 Grant Program Remain�ier Funds. Subsequent to Council
approval of the final certifications of proj ect completion subrnitted by all grant recipients
of UI Municipal Grant Program funds, the Council will determine whether any
UI Municipal Grant Program funds remain available for allocation and disiribution to
Granfees ("lZemainder Funds"}. In the event Rerriainder Funds are available, the Council
may, at its sole discretion, allocate and distribute the Remainder Funds to grantees who
have received I/I Municipal Grant Prograrn funds, provided, however, that such
distribution, when added to ttie Grant Funds already received by any I/I 1�Iunicipal Grant
Program grantee shall not exceed fifty percent (50%) of the eligible expenses for the
Project. The Council will make such allocation and distribufion of the Remainder Funds
in accordance with the C�uncil Guidelines for the UI Municipal Gratrt Program.
Alternatively, at its discretion, the Council may roll the Remainder Funds into a
subsequent I/I Municipal Grant Program or sirnilar eligible prograrn.
7�5
IN TESTIMONY HEREOF, the Grantee and the Council have executed this
General Obligation Bond Proceeds Grant Agreement Construction Grant for the Fridley -
Numbers 416, 420 & 425 Sewer Lining and Pipe Bursting Rehab Project on the day and
date indicated immediately below their respective signatures.
GRANTEE:
City of Fridley
�
a Minnesota municipal corporation
BY=
Its: Mayor
Dated: ,
And:
Its: City Manager
Dated: ,
METROPOLITAN COUNCIL:
5
By:
Its:
. Dated: ,
�
Attachment I-A
State of Minnesota
General Obligation Bond Financed
CERTIFICATION
The undersigned hereby certifies as follows:
0 This Certification is being submitted pursuant to the Waiver of Real Property
Declaration granted by Minnesota Management and Budget to Metropolitan Council for
Municipal Publicly-Owned Infrastructure Inflow/Infiltration projects or the portions
thereof which lie entirely within public road, street and highway rights-of-way and utility
easements.
Fridley certifies that Fridley has read and will comply with the terms and conditions
of the Waiver of Real Property Declaration, a copy of which is attached as Attachment V
to the Municipal Publicly-Owned Infrastructure Inflow/Infiltration Grant Agreement [No.
SG2013-009] between Fridley and Metropolitan Council (the "G.�. Grant Agreement")
and further, that the Governmental Program which is the subject of and described in the
G.O. Grant Agreement qualifies for the Waiver of Real Properiy Declaration.
The undersigned owns ❑ fee title to property and/ar � permanent easement
andJor ❑other easement which meets the requirements of this Agreement for wastewater
collection purposes and/or permit for pipe in [identifv Permittor, e.Q., Hennepin Co.]
public right of way which meets the requirements of this Agreement for wastewater
collection purposes and a wastewater collection system within the fee title, permanent
easement, andlor the other easement and wastewater collection system being located in
Anoka County, Minnesota. The fee title property, permanent easement
and/or other easement and the wastewater collection system therein is referred to as
"Restricted Property" and is described in Exhibit A attached hereto by legal description,
narrative description or diagram.
As the owner of the Restricted Property, the undersigned hereby acknowledges the
following restrictions and encumbrances with respect to the Restricted Property:
A. The Restricted Property is State bond financed property within the meaning of
Minn. Stat. § 16A.695 that exists as of the effective date of the grant
agreement identified in paragraph B below, is subject to the encumbrance
created and requirements imposed by such statutory provision, and cannot be
sold, mortgaged, encumbered or otherwise disposed of without the approval of
the Commissioner of Minnesota Management and Budget, or its successor,
which approval must be evidenced by a written statement signed by said
commissioner and attached to the deed, mortgage, encumbrance or instrument
used to sell or otherwise dispose of the Restricted Property; and
73
ATTACHMENT 1- A
B. The Restricted Property is subj ect to all of the terms, conditions, provisions,
and limitations contained in the G.O. Grant Agreement.
The Restricted Property shall remain subject to this State of Minnesota General
Obligation Bond Financed Declaration for as long as the G.O. Grant Agreement is in
force and effect; at which time it shall be released therefrom by way of a written release
in recordable form signed by both the Metropolitan Council and the Commissioner of
Minnesota Management and Budget, or their successors, and such written release is
recorded in the real estate records relating to the Restricted Property. This Certification
may not be terminated, amended, or in any way modified without the specific written
consent of the Commissioner of Minnesota Management and Budget, or its successor.
City of Fridley [Grantee], a
Minnesota municipal corporation
By:
Title:
Dated:
74 __
ATTACHMENT 1- A
Exhibit A to Certification
DESCRIPTION OF RESTRICTED PROPERTY
75
EXHIBIT A
,...., _, ,.. �,:, .
�;
, �
a-, -��,,., ,� ^'� t � :
� w ��� � ��.. ����
� 9 ,� �� ��� �, �
�� Q �� F�� ��� � � � �� �
�� �' �� i � e
.0 .t°+ 3
� �fi �«� � � 5 � �.;
+,�;�.^'" � � s�- -� �
��' .w,�, � � � s' �}1�1
� ��-�"°`� � ; �s.�y.�x �� �� 1\1�.�
'�. q:' �, -_�° X � € :..
�� r: ,.�� —�� ��� �REA „�„
�
� '��� '�w'�"` `�-.��t���t��� � �� "
�--� � ���R ,`�°��'� � ,_
� ,, ���, ���s��� � �... �„„� ��.,� y � �
����y� � �.�°���.� � � ��� E3� }{�i� � � ��^a
�� �� � � � ^�� � ..v#' �j �; � .; k � _.
_"r�"L� �N 3' � � ��,�-+05�si. �yyF+- . f ��nt�' 3
Y a�aY � �A�`d'c �� �fi�E�4�; � 'J�11 Mri�M
,��.A".�a£�; � � � P���s-�'G4i 8 $in.N,' . T
z k �`"��(#�i� � � �a���������. �� ����� � � �,
r � ���z � ���_ ��� ,.....ks...� � '�,�3 -�.�1 � � �
,� k ��,�,.�--�' �.,, ��;��.�,"��� � - � �
� � ���--� � �_ ��"`�*��� ��:��. ^� ,� #�� �. � ft �i
�3� ��. #� � � �� � � ��� �= AREA A
� � � . �� ?��-� ,� �� ,�
� � � ,. �� �� ���. � u� ����,
� � � ^ �� '"`r��t� � ����,� ,� ,�
a
�% � � '. �,� � �'�'�i��'s � �' .
3� Y � `*° � �' �� ""£k:.���*'.�.�3� �} ^'. .�y�� � .
3 '� �t� ',s� � ' � �""^�" � � 9r�'s, a,. �
� �� �����y,'� �»�,. ..l � P.��s�''$ •zu�..._mr,*+�,,�'s?�`,�- �� �,. � � � .i .
�,,.,,_.g.fa �`�`�e�`��.k�� ����.ny.;��xa���`'�� q'� �.. � �
a � � �rs, ',a;�r `' + �� � � �
x,..� ;x,�.,�•-�pA .�ac fi :a""a � �va.z.gsws.*u��! �,� & v'• � � �
� �g � �` � � !���'� ���n��g�'�`.�° .;�t 4 .. ✓,�„'�. ���
� � ����
� � °' °�' �' �� ���*� ,"�`" � �'
t £ � � �� �: �
� �g �' x :>'��' ;�.,i�','"�,.�,-.^�.�z.m,"�,x,�„ i'# .�-'�����'�� ��� � ��
.� i �:v^° ;"� .���V-� �� '�' ��� � � � vF f ��B"
� K p y
�:4 ��. ���������¢�,s����r����� $1 ��dd ' '� �S ����� 7
k
��� �����'� �� �� r. � � � �� � i�������� E a
� �
� � �� -� ��1€, � �"�� � � � � �r� a`� ���:'��
� �
R '� �����������.������f'��`� � ;�� � �+'
�s ;, ����,� � � � z�� r � m � �
� � � a�� � i ��.�„ �� t �� ���,�,� � �
� � fl '�' �� 3 � ��{�r �,�,�� ��w� s� ��s'{ x—�,�d'."` �u
� ��"' �',�`� � ����; �� ��a'�� � �- �`��.� ����''���a�����.� � " �'
�� a.�`M s� } �� � �s.� �6�s�"�' t����,��-� . ''�t f rf�,;.�.'� � .
'E 4 � �- a �. �a a 45 �. ��=�'ti_. s.� � � �� �
�_ �; �'�^t T�ro1�,��i � �4.��'3" .��
� �-,�"�`' � ��?��s� x ���� �.� � #'�r`'� :
( �- �- k . .� � ';�+'.# .
3 i se � �,��,.-1f �. a3a}���� �� n� � ��"a +�_ .
� � � � �'k" . �r,� .m-.�``r g � ��s 7��
,�� ��,. p�s,y ,� � �:.. �''w.»�..,Ar'�--„�u.���, �x3r��"�� �'� �°,
p�j�+'.+� �� . „�. � � ��oc��t�-4 � ,w»„� �r `a �
^ � r p�;f " P; �,� �.'� � E. .� 4 �� +-.nyt `��j i
� �,� ��",�;..� 7 �°""�� f �,�..,.r.K+�., a 3,��z�� ��� ��„°"*. �
,� i�t �" .._ �'`�`."x� ,..�...�R� .._.�.��, ��°�.n�;� s ��,��-
� � �� ��. . i ���� � � ��� � _ �,��,�n
� a � �.�� �
., � �
,
� ` � �
� # �` =��#._ 2 !a�- � ..a , . . ...,....�...._...�.«,m,.��.�..� ,.....� .<.
�� 3 �� � � ��. 3 � s.�Y �
� y � �
$� .3 � � 'a�� i
� e ,��_� � �gv
.�;
� AREA "C►� R�� �� � ��.���_�
� �� �a � � , �
}� �� �4F�� �� �
�� �� S 42 2.�; ��� �3fr i
AREA D � �r
� � �����r � �����
, �� �
� �
,� . �� �
� � � � r�
� ? t
� ;.�,��, �waaw
� +�� � �1 �'��"� �
,,.�
r a �� g ..�
� 3t { ����
� �
t� �
3 �� � �.
� � a "�.�
� � d � '3
�'. d� �` ����i�a
� �� �g:
�� � � DATE� JAN, 201Z
� r � . � ,.�
� ��
�ANITARY SEWER LINING PR�.�EC7 #�16
� NOT TI] SCALE
; �ITY ❑F FI�LEY MAP
i I�RAWN BY� LRl]
]:\Englneer\Proiec�\2o12U012 Ctty of Frldley ProJect No.416-SaNmry Sewer L1nIng�Sanldry5eviertlnitg#416.DWG,2/1/2071 10:11:38 AM,1:1
-�.,, �
v ,� �
�
�
1
n �j �,,----•..'._..--,
-_-� `�--��
�
0
� r.�_"`�--.- ,r'""r �� Mlsslssippl River
� �1sslsstpPt R)vpr �..
n � ~_~-��� � t� m
q� ,,.�—� /
H� � —_.� . �1�p r�_.�
� w
r Q � �
3
--< m -- � - -- � ._----
� . Now ern Rnitrp¢ �,�
O -D - B „ ro
Tl - . �� "
m �N�prs� � Unlversity Avenue CState 7runk
T'� I � 1 _ Q, am�.-- � Hwy. No. 47?
� � � m
C S � ro
{ P V
� '/�^ .P+ C � � � .
� VJ � m n
�
P �
m � (^} <
1 I � �e m 3
� z $ � �O
� � F
3 ^ a ,�� �m
t��
V q4 �� f(^.�-'�'
D O P h � /JL�.I� N � ��
� � o
�r-v--,G ts v�
� a _ � Ce ral venue � o
m � , �
P ' ro
� G� <
�1 -r � ° c
� � � �
N nson vc�. s�. nson lv .
O
� o D
D � �
� �
Z �
O L
Gd D
� � Z
D
r
o m o
N
I.a
�
saa ��a NMdaa
ddW A3���� �❑ �llI�
3�d�s ol lar� S��b# l��('❑�d �NINI� �3/"��S A�Id1INdS
; ��� �
ztoa �l�n �31aa � I
u�� �
`� :{� ,_�� 5� �
3 �
��.Hy�e'� �.k �
� ��
. �� ������ x't ipY� �
y.i>:- � S . N
9 �� s ' �
Y {�} � � L �
p..., 4��� ��i t
�...�.�-:.�;��£^- i r
. �3 ' y i � �
� 1 �� � T� 4
� � x� �
f #a 3'1�
_ R.�p„.».•�•i �pc
S �K tp��
e � � f
� p s
� � �� �=� «�u ����
- �� �
;, �
� �� ' �-F `� *;
'II e�
mE? ? �'�i 4
A`"q E �e
.';!\. - �i`�E g
��A 3��� j +, 4
�i
� �.w��'� .:zr ... - '� � �� } ,� ¢ z g�
�
c i � � � � �
i d y � � �a t� � , �' a
'� C ��,?.�:�.k' wF � ; .........., r�qyri..�� ,�. .�pY �� . �. k ,�/y{,' �a� }
�v '-'�mvr'° � � �. � �`tan6��a ��� ! J'. �-'t% ���-€
�`7 �
r.W e�^�u� &xq��y,� '"aa..i��. �et�`,.C-"'�.+�� � 3 �� aR` -�ysf8, y,. �a
�e � y k.
4 �« � �aw� _ l•'� � X'
�' �
i �s. �."� �s � �s ��''� � v�' ",�
E��s�. ��., .<�t,� -,�s� � � ��;
4 �s��� � � ���Y������� x � � *°�� ��'���
�
� � � x �� � �
�
� .�" � � � i fs � �� s
x ,s� �r�« .��:�'*� d �a'"" � � i� � ° r�' -'d +�' �'n:
�. ,�=£-'�� �Y��,� �� .-X �"c a, �,�::.�� �' s+ �fs fx,� a �, �:z
e k .�w�v d , �� �� a �y � �' $ 1 $• c �� � � � '�,
� � �- ���„�,s '� �.���''x �. r a��,,, � .,.��f� �„'�t : g'�� � ,s`�a• �
`g � � a.�'�.,,�.� � .,� �, r � �} �E� � �� : ..'�� �.
,, ���,' a�s � � P�.`.:'� ���� �`a�et.�t��e���� �������3� ,�:;-9� �
Y �
�x. ° -r*` § � t� � � � s�+a �
.a=...� �4` #���.��°a' +�t�`��,,k �., r � � k�av» � � s -a�� � �:
�,���'�'' �����^� a ���c^';va�5 � �-" '�:.,�� � ^ ��
�� � � & �°�- � �° � � � tY � ^� ! �� �`��t
o-� � 1 � � i � � F�;� �� �x �.�,5�. ^'� �
Y 3' ���,�^°+'�ct � ix^..a�uc� �� T�x� 4�m+� �.:�""'°s,§' 7�"s t'—S
� �k � .ga �,� �.,.�rh �� � � �'� k �g� a�... �s g
�x �`�'a��.f 3�� a "� ''�q � ����'x� q
� z��y�„F`'�� 5 t*>�'� ,���`� ,��,��.'' � Ap�����, � �;
� � � �, ,� °��`.�� >�+� 3�,�`"-� s:��� 'y���
+� ���� �y � � # �.�"�«p � .�,�"II�� $����^a�'�� � a�.. `�� ���°""?� P
� :�. +3 � 3 y� ��"� � '�:.� � �� �� '�„ V �°i-"���� �.�
"C `�'rv�N-,u 1 � � ..�a, '$ . 1 3 +"�I
"�,,.,�: �.�.���-- � � P�:�,� �,�s�n S �s .§% ��� � '+�.r,�'''�° '� <
�� � �� � ��� � �.�
� „r ��, aa t
° � 9,,.:.� � a��r '�'a� �� },� ,��' � <�. �
s,r
� .. __ „,�.,,y�, �-a _ ��� #r ..
�y'e ��y..• �— ��,}t � � `e-«a�'3K ?!y p.
� ��`�.; � 9 � `'�"� 5
� � ; K � ;° '� ���', �`,�� �'� � � � �: a� �
-�'. �,.� '�" �Ey �` "+v +� .'d�fN'..� .X fi �C�� �}'..
�'y �� 3 w.w r{�er.3� � � �`' 3� s �r � €
� v-'�;��?.:':�'- � � . �Y ��a����'�'�� � *,"�,�. �'� '
�x � �.,,3. �,➢ }I '., .af +?�"� � i � 2�`*`� R f �
�� �.`�-�� � �e� � � u F��,y��°� r�; � � '�� ��°r� �
$ �'�y� � � �d.rP � �' ..,�"v�' 4 � ��'� }���''R :
4 yc
��� } . �# � . g. � ���",,..L+a;�`"` S1 �'e,�.m�i� �a.
'�e,„,�ie �.. r..��.�.....�..--�+'��,�,��.�.�. t.�c.�„��"�s � a-��v„z�'m�`�''° ��`a.
� .,;; ��., .4�,a:� �, t- 4i aa� �� �' '"�,
a
��+ �` �Z�,�.�� °��� ��
�`��� � J��,� ���� � .:x�.
��f -��"'�`,::4� � �,,s , "�
�, � • � ������ �
� � �
�+N L� '�' `��."Lk�����'�� � "kL<>
8q�y„'�.k,� 3
, ._,� � ����� r;��g �Q� � 'Y9
�� �
f ��'� ��� � � �.
r � � �
' ' �4��'� � i�`t
�;. .. ,,..�.....,...� _....,�....�. � :r��M �, g i
���� � ��� ��"*��'� '4
w�?� y�. �",
g� -.:,,i. '
�> i F
,^E. i��,_..:a�'.`.4*&�rw:� _�.a
-�. .>.:d y.£�
Attachment II to Grant Agreement
LEGAL DESCRIPTIUN OF REAL PROPERTY
(For Projects for which a Certification is being submitted, use the description
attached to the Certification submitted.)
79
ATTACHMENT II
Attachment III to Grant Agreement
SOURCE AND USE OF FUNDS FOR THE PRQJECT
Grantee's FYnancial Res�onsibility
,�.��
'� '� Sa�, �i<' - � �y:,�;:� ,be�'"i r+^�
�'�� ��,� . . a�h '� II' 1
t� t� � � .����" L
r,1 � '
`c� 4'`�"vl tCK�� ic �,� , ' � Cy�
- .7�yi�' i i � ..
�� �,y i P� +�� . p� i , y� #�+` . . ��4
�1���..!�` ' c `����'� .i ^F r.�* ��. � � 1� �� � r�` ��.�'�{^: � + �'.y' .
�a�'v"a" rt,'� � a�-;tA'k�� ,_a- 5 �, ry�to-�'.
� Ma�yf,"..C'�Ak4
1 $ 270, 150 . 00 $ }202 , 612 . 50 $. 67 , 537 . 50 250
2 $ 45, 285 . 00 $ 33 , 963 . 75 $ 11, 321 . 25 250 '
3 $ 199 , 725 . 00 $ 149, 793 . 75 $ 49, 931 . 25 25%
Note that if a project's final eligible capital egpenses are: 1) more than the Final Reinabnrsement Allocation percentage as determined by th�
C.ouncil, no additional grant funds will be awarded, except as may be provided under section 7.33, and 2) less than the Final Reimbursemen
Al�ocation percentage as determined by the Council, the percentage will not be increased so the amount eligible for reimbursement wil
effectively be reduced.
Note : Amount eligible in last two columns is amount of grant request,
or 500 of total eligible �costs, which is 50% of total construction.
� ATTACHMENT II
i
;
: - , ,
: ._;. _ �s��?:r����ee o��'untl� a ,: t-�, ���, ;� ����- ,# ��e of F��tds; ... �� :I
�
, sv . .. .... ....... '.. ... . .�-K.x_.._.Y. i.rsu,,..�:� � ...__ . .
Identifv 5ource of ? Amount Identifv Items ; Amount
i :
Funds ;
— —, _ __ _ _. _ _ :
, - j
r..r..�...�............r.r...._�.._.....�... �....._......__..._°_._.--•--._.._..__ �
State G.O. Funds _ �_____________ Ownership Ac uisition _r_,
� G.O. Grant � $12 8, 7 9 0 . o o and Other Items Paid �
, '
� i_. ____....__._._. .... ._._.._ for ;
� � ; with G.O. Granf Funds ;
-- -- ----------...._---..._---
Other State Funds � Purchase of '; $
� --- -- � -------------- .� Ownerslup�__._----` -----
� $ Interest �
' $� Other Items of a ;
' C ital `
�..�,..._......0.................... Nature � __ �.
. _. . �
Sub-Total � $� 1 (P r o j e c t 416) E $ 6 7, 5 3 7 . 5 0
_-? 2 (Project 420)� ��� $ 11, 321 . 25
__ ..
, .._.___.. ._
Matching Funds i 3 (Proj e c t 4 2 5) ; $ 4 9, 9 31 . 2 5
— ;-----�__._.__..----------------- ;
CitY of Fridley i $ 386 370 00 SubTotal € $128, 790 . 00
. ...___.__...�_.._ �__ :
Sewer Utility �$
' Sub Total .�-.$ -._ Items Paid for with �`------�---
_ _._ _._._ ..�_._._ F
� Nan- G.O. Grant Funds �
-------._..----.._------------- .
Other Grantee Funds ; 1 (Proj ect 416) i $ 2 02, 612 . 5 0
_..___.----------------------- `
$ 2 (Project 420) ; $ 33, 963 . 75
, _... _ 7
_ � $ 3 (Pro 'ect 425) � $149, 793 . 75
. .__._ ____ _.__
� Sub-Total � Sub Total ! �; $3 8 6, 3�o . o�o
�� .__---,.._._.._.___.___._. . �
Loans --�------.._..-------------------- :
:
E :
�_ '_".'.._......_"_'.....""__""' .
- � ..
. ___'_ _.� . '_' . .
Sub-TotaY ��._+`��`��.�...� __._ _�� _�_____..�.__�_�_._.�.�_._.____.._
� �
— __��,_._. _�__. .
� �
------------------------------ -
Other Funds ;
.
_____..__._.._..__......_._
- - $---._... _� _: . �._
_ , -
---�--,_$ _ --�-------------._—° .�—_
Sub-Total ; '
_ —__._ �_._..
�
`--- �
� _..__.._..__..___._.._. _
Prepaid Proj ect '~ _
� i
Egpenses ; ,
-- �...--------............._._._._...__ ____-__.�_----------�,
- ' $ - � ----
.— ______._..;._ ._ ° .
_ ,
�
� $ i
E •
— �...... .......... ...... . . ....
Snb-Total � $ ;
�_.._�_.._._.._.._....- �.... . ,
,.:
�_.,_._.�.�.._._„_.� .._.............
TOTAL FUNDS
� $515,ul 6 0 . 0 0 TOTAL COSTS�____�� $ 515, 16 0 . 0 0
81 ATTACHMENT I�1
I
,
y
At#achment IV fo Grant Agreement
�'R�JECT DESCRIPTION �ND PROJECT �COMPLETION SCHED[ILE
i
4 (see attached pages)
I
82
A7TACHMEh17 l'�t'
I
CITY OF FRIDLEY
Metropolitan Council
Municipal Publicly Owned Infrastructure
Inflow/Infiltration Grant Program
Attachment N to Grant Agreement
PROJECT DESCRIPTION AND PROJECT COMPLETION SCHEDULE
The City of Fridley is proposing three municipal projects for funding through the
Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant
Program. These are identified by City of Fridley Projects No. 416 , 420, and 425, and are
each exclusively for capital improvement rehabilitation construction of the Ciry-owned
sanitary sewer collection system to reduce the amount of inflow and infiltration of clear
waters into the City's collection system and the Metropolitan Council's metropolitan
sanitary sewer system. These projects also extend the useful life of fixed assets (the
City's sanitary sewer collection system). Each of these projects is eligible under the
Metropolitan Council's 2012 Municipal Grant Requirements and Proposed Guidelines.
There is no non-public benefit to the proposed projects. Benefits are anticipated to have a
minimum 20-year life. The projects consist of Sewer Main Pipe Lining and Sewer Main
Pipe Bursting, which are identified in the MCES UI Toolbox as effective methods of
sewer collection system rehabilitation to reduce inflow and infiltration. These activities
are 50%eligible according to the grant criteria developed by the Metropolitan Council
staff.
Attached for each project is a brief description of the work entailed for each respective
project. A cost estimate and timeline for each of the three respective projects is included
along with the description. The City of Fridley designs, administers, and inspects
construction with in-house staff. No costs relating to these activities are included in the
estimates provided.
The City of Fridley has set a goal to rehabilitate half of its sanitary sewer collection
system by the time it reaches 100 years of age. Funding through programs such as this
one will help to make this goal achievable. These projects are more feasible presumi_ng
some level of funding by this program. We are requesting 50% funding of eligible costs
for City of Fridley Projects 416, 420, and 425 in this application. We do recognize that
sufficient funding may not be available for 50% funding of all eligible costs, depending
on this program's allocation and demand.
83
City of Fridlev Sanitary Sewer Linin�Project No. 416
The project includes the cast in place pipe (CIPP) lining of 0.77 miles of sanitary
sewer main in five areas in 2012. A map identifying specific project locations is
attached. The 5 areas are as follows:
Area 416-A
This segment of 8" diameter vitrified clay pipe is located under the
centerline of 75th Avenue. The pipe traverses from Stinson
Boulevard to Lakeside Road (506'). This segment includes cutouts
for 9 residential service wyes to enable lining of the main.
Area 416-B
This segment of 8" diameter vitrified clay pipe is located under the
centerline of 75th Avenue. The pipe traverses from Bacon Drive to
Hayes Street (288'). This pipe segment includes cutouts for 10
residential service wyes to enable lining of the main. The segment
between Area 416-A and Area 416-B had previously been lined.
Area 416-C
Area 416-C includes 4 segments of 21" diameter reinforced
concrete pipe located in a utility easement in the rear yard of Cub
Foods, under Interstate 694, atong rear yard of homes addressed
on Altura Road, and under the pavement of Horizon Drive and Main
Street. The total length of the 4 segments is 1,363'. Anoka County
may require the segment under Main Street to be lined during off-
peak hours to mitigate traffic impacts. This pipe segment includes
no services.
Area 416-D
Area 416-D incfudes 5 segments of 21" diameter reinforced
concrete pipe located along the center line of Main Street and
within utility easements between Main Street and the Burlington
Northern Santa Fe rail yard. The total length of the 5 segments is
1,602'. This pipe segment includes no services.
Timeline:
Design complete: April 2012
Letting: May 2012
Construction: July through October 2012
Final Payment: November 2012
See the attached estimate for cost information.
84
� �
T L.!
g Z
� p U C J
u � R° a
�s � .f � � f,l .W
� p Z Z Z
� 76 AVE NE 76 AYE NE � � � >
L � W W �
. ' ...y RI. . q Z p
.6 y Y �Y ..y=.
a Q J �
2
� 75 AVE NE 75 HVE NE 75 AvE
2Q � 2Q7 2D1 4
N
> V
S � G7
ESiDE DR #.�EA �►B e A'�T1 �t A
tl.RL ti
lilti
i �
,, AREA �'C y W
Z
� ~ �
� v �
�n�a� �i�"�j
``J
:��
v
1MTER;TA7E filtil5/AY G�{ INt'ERSTATE klGtil4AY 89#
�d� �0�
z � �
W
-+ F. ]
� y � a
'� �` �
H
� � t}46 '�, � � i
s
� (� 2 N {-
v F y.
�NT �
� 4co4o *
., '�'��4 � � 54 E
�'�.{�4�L G�F' �
3 v }�p{tS . z W z
o s z y
� `' r-
�� o ��� � � � � �
a v � S1 R�
� a 4co�s �
�
� P Z -
�
� q t
� .�� "�" � NTS
L
� � �� DATE� JAN, �Q12
�
� If� °r � �ANITARY SE1�/ER LINING PRQJECT #416 ��T TQ SCALE
�
AREAB�AP
IIRAWN HY� LR�
W v
� W v � �
1
� �
�
v � �
� � � v �
� � �
�
� v P�
�.J LLJ
1 � � � �
v �� � v �
v � ~� l�' J
v �_)__� v � � �
� v }--I
� U v �
I � v � � �
v
v
v
v
� � � V � I V v v
v
< � ������ ����� <
�
�
�
�
�
� � �
� �
�
� h�H 2Q174 TU MH �D172
� Le:g�nd # :,, cP - #
194 L.F. $ 1( 4 SERVLCES
� ��� SAN SEI+�ER T� BE LINED
o MH ALONG LININ� MH#2�172 T4 �IH�2Q174
� —>— EXISTING SAN SEWEf� „
� o EXISTICVG' MH 312 L.F. 8 VCP — 5 �ERVICE�
� .� SANTTARY SEWER LINING PR�JEGT #�1f, DATE� .,�N. �o��
� F ��
� ;. 7 5 T H A V E 1�l�E Na� =ro sca��
86
A R E A �A� I�R�4WI� BY� LRCI
v
� E� A �/ E �! E
W "
�
�
� �
1 �
�
I
� �
v �
� v.
v �
� v
v
v 7 � A �/ E �IE v
< < C tl�■�t'�■��tl���---G < <' <
� ` �
� � � �
� a �
� � n
�
� �
n �
� f ^
" V J
� � W �
� >- a
N
� � �
� �
� = Q.
� � <-_.____� r-�
�
� ���e� a
� ��� SAN SEWER TC3 BE LINEa MH#2D1 f� T4 #2D154
z
� o MH ALOI�G LINING 288 L.F, 8" V�GP — 1� SERVICES
� >— EXI�TING 5A1V �EWEf�
�
� a EXISTIfV� MH
� .��..� SANITARY SE�v'ER LI DATE� JAN. �012
� � ,� f�II�G PR�JECT #41b
75TH AVE�ILIE NOT Tp �CALE
87
AREA �B� I�RpWN BY� LRO
v
�� � � � � �
IN7ER5TATE HI�HW�Y �94 IN7�
��� ��
�-�� �J �
�`■<��` �+r�..��.■�■
�8 �
� � T� L�1 �
Z � �
�- � � `�
� � �<� �.
� � : � �
� � � ,�, �
� � � -� �
� �.
� � � �
� �. 4� � �� � �.
� -'�
�
�
� L�g en d MH�4AOD4 TO MH�4Ca52
� 4{�t? L.F. 2�'� RCP —� SERVICES
° �>� SAN SEWER T(� BE LII�ED .
a N1H ALONG LINING I�H�4C052 TO MH#4CQ50
>— EXISTING SAN SEWER 33Q L.F. 21" RCP — 0 SERVICES
o EXISTING MH
� (NH#4C054 T(3 MH#4CD�8
� 2�U L.F. 21" RCP — C} �ERVIGES
� MH#4C�48 TO MH#4CQ4fi
� �63 L.F. 21" R+CP — (} SERVICES
�
�
� ��� SAh�ITAR1f SEWER LINIIVG PR�JECT #416 DATE+ JAN, zoi�
�
� �. --� � � � �
_ � CITY EA�EME�IT — I�►94 — MAIN ST M�T Ttl SCALE
I _ 88
A R E A �C� DRA�/N BY� LR�
�
_ _ � J
�
� �-� C� �-� �'
�� ��
� / �
� � � �
� _ .�-=o'"' �
o �
„ �-�,���
�
4� �4� 4� � 4-4
�s<�.w���"��<'�'.<'r'� /'�.
� 4� � 4� -�-�-�'� �`�
�__�_.�-> c�
� ��
�, ����z
�
�
�
� ��---.
! �-� � 3 � ,� �---'
c„ �>--�! � �2�
� ���
y z �
�
� `�
� �
� �-� Q � � �
� � >
�
Q ��C��� � �iM��C�46 TO MH#4�Q44
�
� ,36� L.F, 2� " RGP -- Q �Ef�1lICES
� �>� �AN SEiNEF� 1C? BE LINED
% � MH ALONG L(N(NG MH�4CQ44 T� MN��C(�42
�� �— EX[�T(t�G �A�t SEWER 33Q L.F'. 21" RCP – a SERUC�ES
o E?4lST�NG MH
�
� MN�4Ct}�2 T(? MH�4CC}4D
� �49 L.,F. ��" R�P �- Q SER�/I�E
� I�H��CQ4Q TC� MH#4C�38
� 33G1 L.F'. 21" hCP �- � SER1tlCE5
.
�
� NiH�4Ct}38 Tt) MH,�4�#�3f
� 33(3 L:F. 2� RCP -- Q �ERVICE
� --
� �..�..�° SANITARY SE�,/ER LININ� PR�JE�T #41�i ��rE' �ar�. �o��
� � =���� �� � � � � �
� t�E�t TC� SCf��.E
� MAIN �TREE� — �TY EA�EMENT
�
� A R E A y D" ���w� BY� �.�a _
E'
�
CITY OF FRIDLEY
UPDATED ESTIMATE OF COST
2012 SANITARY SEWER LINING PROJECT
CITY PROJECT NO. 416
OCTOBER 26, 2012
ESTIMATED
WORK
ITEM NO. DESCRIPTION UNITS QUANTITY Unit Price Total Price
1 MOBILIZATION LUMP SUM 1 $ 10,000.00 $ 10,000.00
2 TRAFFIC CONTROL LUMP SUM 1 $ 5,500.00 $ 5,500.00
3 8"VCP SANITARY SEWER LINING LF 1098 $ 32.00 $ 35,136.00
4 21" RCP SANITARY SEWER LINING LF 2968 $ 73.00 $ 216,664.00
5 UT ERVI E LATERAL EA 19 $ 150.00 $ 2,850.00
TOTAL $ 270,150.00
,
90
Page 1 of 1 10/26/2012
Citv of Fridley Sanitary Sewer Pipeburstin�Project No. 420
The project includes pipebursting of 304 feet of sanitary sewer main in one
location in 2012. A map identifying this project location is attached.
Pipebursting was selected as the method of rehabilitation due to sags found
upon inspection of the main, and after a review of alternative costs.
Area 420-E
This segment is 8" diameter vitrified clay pipe located under 53rd
Avenue. The pipe traverses from 4'h Street to University Avenue
(304'). 53�d Avenue is shared with Columbia Heights and will
require coordination with their Public Works Department. This pipe
segment includes no services.
Timeline:
Design complete: April 2012
Secure Proposals: May 2012
Construction: June through August 2012
Final Payment: October 2012
See the attached estimate for cost information.
91
�85^th Avenve
�� � �n
j 1 i<
t H
� dZ
� �
O T
� � � f
v S
1� � j
` ��
`� � Q
� � NTS
� ul
L
` � ` � N
7
�� 7
\ Osb�rr:e
y`� ,� Q �
� �C � ��
� � >
� 73r Averiue �r Av°^���
LY � S £
L a
_a° --�," > �
n Ric CrQek � �
�
N i
aa� � 7 r nce � �
� En �
t
j ' t s
\ �
. ` 5� � strQe ��� '��
�a �
—' � I^=` d
� �
nzi 6 a y
�
C 6 ven�e
M y � N
—N � WJJ�ll�� Ln�Cee/ sa f ` S t
P �
� � � � L�'.SI� � a � �,:' rdenn v��
`� � �
,Q o °
� � � _
� �. Z -
w i � � �
r �N �� IntN ut ghway b94 � 5 "1
� � t
~ U �'`-1I
a� ' _
o ! p 1
, ,
a
�
3 , ��
� � �
a
� � ��
� „ „ �
�. AREA E
g
� �
r
� i
�
� 1 ,,�
_ `�1
�
e
a
�i
9
� DATE� JAN, 2012
� CITY OF FRIDLEY PIPEBURSTING PROJECT 420
� _ N❑T T❑ SCALE
� CITY �F FR��LEY MAP
DRAWN BY� LR❑
�
� � t
� �
� v
� l
� v
V
- v W
z � �
}---- v
� �
�
I
�
�
�
�
4Q � �
4 � 2
< < < < < _���� < < < < <
o < < < < <
�
53 A � E NE �
" �
� I _ __ , _ _.
� �
o � �
N �
� � � �
�
o I
v
� .
= Legen d MH#4D002 T� MH#4D00�
� �>� SAN SEWER TO BE LINED 3�4 L.F. 8'� VCP — 0 SERVICES
� o MH ALQNG LINING
�
g >— EXISTING SAN SEWER
� a E7fISTING MH
�
� _- ----_._. DATE� JAN. 2012
CITY OF FRIDLEY PIPEBURSTING PROJECT 420
�` 5 3 R D E N U E �1❑T TO SCALE
��
:� __ A R E A �E" DRAWN BY� LRD
� ----
CITY OF FRIDLEY
UPDATED ESTIMATE OF COST
53RD AVE. SANITARY SEWER REPAIR
CITY PROJECT NO. 420
OCTOBER 26, 2012
ESTIMATED
WORK
ITEM NO. DESCRIPTION UNITS QUANTITY Unit Price Total Price
1 Mobilization LS 1 $ 2,000.00 $ 2,000.00
2 Remove Existing Pipe LF 30 $ 6.00 $ 180.00
3 Remove Pavement SY 100 $ 8.00 $ 800.00
4 Connect to Existing Manhole EA 2 $ 2,250.00 $ 4,500.00
5 F&I 10" PVC LF 30 $ 86.00 $ 2,580.00
6 Pipeburst Ex Sanitary 8"VCP w/ 10" HDPE LF 280 $ 75.00 $ 21,000.00
7 10" CL5 Agg TN 60 $ 28.00 $ 1,680.00
8 Traffic Control LS 1 $ 4,900.00 $ 4,900.00
9 Erosion Control Measures LS 1 $ 500.00 $ 500.00
10 Sewer By-Pass LS 1 $ 5,500.00 $ 5,500.00
11 ervice e-connection Bona-Bros LS 1 $ 1,645.00 $ 1,645.00
TOTAL $ 45,285.00
94
Page 1 of 1 10/26/2012
Citv of Fridley Sanitary Sewer Linin�Project No. 425
The project includes the cast in place pipe (CIPP) lining of 0.43 miles of sanitary
sewer main in one area in 2013. A map identifying specific project locations is
attached. The area is as follows:
Area 425-A
Area 425-A includes 1 segments of 21" diameter reinforced
concrete pipe located within an easement along the Burlington
Northern Santa Fe rail yard. The total length of the segment is
2,263'. This pipe segment includes no services.
Timeline:
Design complete: April 2013
Letting: May 2013
Construction: June through September 2013
Final Payment: October 2013
See the attached estimate for cost information.
95
���,�
� ,- -� ----� _
,
, ,t ��.
Y, ���
��� n 3
�„,P�� . �;'�-.�,. �_�•»„�. � � �:
� .�-��.,�„ � �
{ y Bc �
«�"„� �' � � `
�
�u�°' � -�� ,
��'��°�°��+ � ��,� }i � �l. �r�
s-°"' �' r
�£� — ,,,�; ���,�; s f �
x ����
'$ i ' _ �
i
�� � ` ati e �a z r °��
'�',�t� �'a �..z�,w..t zv��, - -.>.. .x..� ...kt .�. �-,:
e�s ���.� �� � .& � �3 � ��
y�" .�y � � ; � ���� y '�g¢2�� � � 4
a j'
+� F �T"$',�� ._i � �� 2 `b � S
g f
1 £ € � t x��s $ & ?�1�E _ x,
,,,y"'_ t� �� �� t��� 3 ��F� g�.3 .�8p E �aY
���� «�°l �i i � � �,.e����,.h'.v x ...�Y :;� 5 'y"°+r�, k _x ri
�3 !
� �} �� } �..�.. ,_.... ..._....�..... � I.
µ
� ��� :, �.` �, ` "� � i
.,.
` ! £ � r §�,���� Y i9
� � � .
� � � �++� ' � „ . #�
z ��. � � .� � '. �r� ��� � I� k
!ff � i �' "M ;�� r y�, t` ..'� � I i qa. � ��' �^E
3 ���:F p. W S„'} & *' t ^ NYp 1 ..
�:n.» i� .f :��", � a�s7 � �C ,� �. i � ���i r �.
c
� � � � . � _'a �a�� .�� �. r � � �. a. � �
S�-s�' '. 4 ' A � '° x E; l
� f �� � � a� „k' {� � g .�8� Y& 3
� ! �' � [ �� (
�� t ` � d `5�✓4'�¢'9�4�.���'m a��`�i...j # 2� .
z � 4� Q � t� t 1;.� *'��'�; £,{2� 13 ��c � � i'.
� ^,`�k r �= t �
��° � � � � � �� � 4� �� .z f ',�^"�z .,
:� � ` � ��;� G y:•� '�_• �
��t � F � �j� � t �"" s'.
��'�k.:�� i t .: �� � b� a�� .,. s�� �� � y�
yl. � ?�,A � �� i � �,� � ¢�r 4x-e §'r° �'•;, '� _ � ,
a 6 �` E � g� r� 3, �t�� � P f ,� ..�. k t' A
i
. , j p`�,,-z s �� x T Y� 1 �s� a�'.,,,,�,s,t o� y �
^- bi € 1 � � � �2 ,� 4"F,f r ��.� �pg 3
Y � g .�,1 � 7� �, ��f � �. z��� g, �.
� � a�a � � � r n - w s�..��.,� � ��� G` R
j•ra il 3t �-5 3 E .y;�,x js ��� P, F
. ^:r � �;^s' t �a �- � h �` ,+', id �
a�� � � � 3 � �r �' � �.:
...� �€� � 7" ��.. . � ��? �
x� � � � � �^`"� � r�� •��.
.�� gs ;?�.''"�- M «e�.��.'+�.. _., y r�;+ ��....���a 3 ?� §� !
b f E�M�, .� �.\ g Y
� � � � M �y E � ~ �
f "� E�
d<` £ 3 n
� �` �� ; �e �n.a�wedust�eva✓„v< � � � . �
�'; SA� � v-,._..._. �,..a++ .0� t V? �1
€ ��r.., 4t� � y�° ¢ � y �
4 � x �nr
,fr 3�
�t��, $�i _� ...a............... . .._.. .�..� .,.0
� -._... _ �� �fyF
i i i3 �� ;
; 4''e
�€�
� i$].
i �3 l r 4 ia'r''" x �.
� i R : ! 3 'k ;.
AREA �,A,; -. x� � : � t � ;
5�� 3
'k i
'��4�
3 z �
. ���� e i E � b i'�`�
y � ��.-, i { �✓.u�5«•:„.',,,;
ii �i �� �$ � E ��;, `��
W 1 a � �
� ;
� j = T T
tl' � � ���
O � �'j 2 P �"
�
� ° � �'a�
~$� S y����`«..«.��f..R# .......;
+�y. � ..,.... _.
d '�
� � ,:::� 2
� � F
,�j g �
� 1 :1 f �
� �� .w.�_.�i� �l3
�
�. ���m:
� _ _ nar�� acr. ����
, ��
� SAN�Ti�(�� SEWER LIN��IC PRDJECT' #4�� N�r -ro sc�L�
0
CIfiY ❑F ��DLEY MAP
DRAWN �Y= RRS
�
W C
5 � �
� d �
� � �
� �1�,��� . 3
�
� � �.�---)-�p,��'
�L � �j�
�-�'Q�'�- �---_>-�
� CAPITCIL �
�. � �
�
�-��J�� �
�
�
-,
� W
�-���� I �
�.� �
� � �,
� �.
� � �
�- oz� � _ �,
z � �
� � I �
� � -� �
�
L����� MH#4CO3fi TO MH�4C034
338 L.F. 21" R�P - �} SER�/ICES
�>�-�- SAN SEW��2 7`C} �E L1N��}
a MH AL�hJG LINING MH�4C034 TO �MH�4-0032
� —>— EXISTING SAN SEWER 333 L.F. �21" RCf' - b �ERVIGES
� a EXISTING MH
� MH#4�0�2 TO MH�4C43{3
� ��7 L.�'. 21" �CE� --• � SE1�1fICE5
$
� MH#�CO�C3 TO MH�4CO2$
� .�58 L.F. 21" RCP - 0 SERVICES
� �-� ��1�lITAf2Y S�WER LI�ING P'�€�JE�T #4�5 n'��`�t nc�. ��a��
� ��� � �
� � MAIN STREET �- I�Y EASEMENT NEJT 'fD SCAL�
9�
AI��A �A" ��Awr�_ ��t �r�s
. > l
� � �
� v
1�--� G�3
� �LCJ � = v
Z � �
� � �
d = �� �
� �
4 026 ,� �
_
b �- 02� "
_ ,
- Pa�o�AMa
�{�2 2 �,—>
�7BI�ALT��
PILOT �VE
��d�� ��� �—�
�
� �
, V L _
C� �'� ���
L��end
'>-- SAN SEWER TO BE LINED MH��-C�328 T� MH#4CO2fi
o MH ALC}NG LIJ�ING 218 L.F. 21 RCP – 0 SER\/(C;ES
—>— EXISTING SAN �EWER
� EXIST(t�G MH MH�4CO2fi T� MH#4C0�4
..�
S1 L,F. 2�" RCP - 0 SERVIGES
�
�
� t��l#�G0�4 TQ N1�1�4CQ��
� �39 L.F. 21,' RCP - 4 SERVICES
�
�
� MH�4C0�2 TC} MH�4CO20
� 339 L.�`. �1" �CP �- t� SERVIC�S
.�
�
�` SANITARY �EWER LINING PR�JECT #�'S n�7�t �cT, 2°lz
� ,,
�
° MAI�J �fiR��T �9��TY EA��MEN�' N��` r� sca��
� A R E A "f�� naawt� sr� R�s
�
CITY OF FRIDLEY
UPDATED ESTIMATE OF COST
2013 SANITARY SEWER LINING PROJECT
CITY PROJECT NO. 425
OCTOBER 26, 2012
ESTIMATED
WORK
ITEM NO. DESCRIPTION UNITS QUANTITY Unit Price Total Price
1 MOBILIZATION/ BYPASS PUMPING LS 1 $ 25,000.00 $ 25,000.00
2 TRAFFIC CONTROL LS 1 $ 5,000.00 $ 5,000.00
3 8"VCP SANITARY SEWER LF 0 $ 30.00 $ -
4 21" RCP SANITARY SEWER LF 2263 $ 75.00 $ 169,725.00
5 UT ERVI E LATERAL EA 0 $ 200.00 $ -
TOTAL $ 199,725.00
99
Page 1 of 1 10/26/2012
Attachment V to Grant Agreement
WAIVER OF REAL PROPERTY DECLARATION
-- ���������#
�,�������'��i�����
���.�����
a�i�,�o�a
��-�.�u.
����
���������
������
��n��s��
����.r,�r �siai
Re: `vaiver af��r 37!e�3�tiau—2o121WF�o�ra�Ii:fl�Gi��I�#2�v and ra►filtr�t�aa�ir�4s
�}�ear A+fr.r`►tkias:
I�v�reviezv�d yaur ki��r�3�13,241 Z req��tm.g��ai�t p��t tv Sec�an 7.4?{b}aP��d
�rdsr Ammdin�Qrd��fi"�a=-�=��-�°=-af Fin�da���st 2+5,?414�tt�e`�Ca��i�e�'�Q�rder"�af�
regus"r�a�nt t�#�r�al��rati�b�tzcvad�ed in c,��va��to mc�rop�lita�-�e.�c�t�a
�dt�s inflaw��ic�Itra�a ia�tar.�samitar���es�er co�c�u�tr��t1�Ni�ro�rralit�n C�
�'}��r�i��.anrs�t1���3a��17,su.bd�3.
In r�sponse to��smr�e���e►*ai�t�r�qu�ment t�ai a��?ae reso�ed for the porti��af�gr�je-.ts
w�li�e�sely�,3�n p�.raa�s�eet and Fu�hn�y si�-4f��auci�tp easeme�_ Hcr�a eve��
d�tion�-sII�3#��e�s€�aad tecordeti fear�j�#i���f a�e�t��ir�i is cr�la�ad�fsic�of s�
��.
F°P�e unte t�at t}�is l��mt�r�as:�$ae rec�rt:��=�t i}�3����e r�s�ded. The�#��1 re�cia:cc
bc��-�nc�p�r�seat����ec3�u�ll t�e at�g re€j„jui�n,�+r�'�u�.5iat.S�c.t�P..69S a$d fl�e
�o�onai�ica�r's C}rd�r.
Tlxis vrair�s is c--a�andaiti�na3.�€��e�iv�g�ai�d ca�sy�#3�c 6�d-frn�ed ga�prsty Cea�.c�a ia�
€�t.�rh,icl�ths�cfa���'����is 6eta ra�.g£�ar��fi���241f��8i1 ba�sg��'�����
e��grax�t�e vgha�rr��s�k f�am thia�m�ram,�wi�i�,�����gea tl�t i��c�
p�s�cty�t�+�d-f��ct��,�us��s�b�e�t t�r alf t�c�r�s c�'I+r�i�n.�`�.���4���
�d t�e Commis�'��er_ �,g�eotc�ea�ry flf e�ch si���s��s�c�Id 6�s�to Gay�r€�t�C�
Sua�g�t Coo�d�r�i��-���g�m�nt&Bme�et,at t�e�s�_
�i�grely,
�°^�'�".�„",,._..�.�
�_..,.� ��.�. ��
�
a��s��� ,
c������t
�: ���a��
�a�OA��,�e��Q�t� ��.41�
�G�TI@�8�E3,��feA�Q��Sil
i.—�Cl`"�,�'�F�'flSS��s';i-`�. --�>'f3�_;li�
T�a�^.�C���2ili-SGQ6-Fa�{5�1}��ti-�� : i-��,_3-w
�n Eq�-3 Cr;�paet��'E��'�'
100
� AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 25, 2013
arr oF
FRIDLEY
INFORMAL STATUS REPORTS
101
�
�
ClTY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF FEBRUARY 25, 2013
7:30 p.m. — City Council Chambers
Attendance Sheet
Please nrint name, address and item number vou are interested in
Print Name (Clearly) Address Item No.