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CCA 10/28/2013 � � CITY COUNCIL MEETING OF OCTOBER 28, 2013 CffY 4F FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to 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) WORKSHOP DISCUSSION ITEMS (6:30 P.M.) Strategic Plan Update. CITY COUNCIL MEETING (7:00 P.M.) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 1. City Council Meeting of October 14, 2013 .................................................... 1 - 23 NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of October 16, 2013 ........................................................................ 24 - 28 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28. 2013 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Special Use Permit Request, SP #13-12, by Reviva, Inc., to Allow Limited Outdoor Storage, Generally Located at 5130 Main Street N.E.; and, Resolution Approving Special Use Permit, SP #13-12, for Reviva on Behalf of Dealers Manufacturing Company, the Property Owner for the Property Located at 5130 Main Street N.E. (Ward 3) ............................................................................................... 29 - 37 4. Resolution Approving and Authorizing Execution of a Metropolitan Livable Communities Act Grant Agreement with Metropolitan Council for the Completion of a Northstar TIF Master Plan (Ward 3) ........................................................ 38 - 51 5. Approve the 2014 Development Review Schedule for the Planning Commission and the Appeals Commission ....................................................................... 52 - 57 6. Resolution Adopting Assessment for the 2013 Tree Removal/Lateral Repair .............................................................. 58 - 60 7. Resolution Certifying Certain Delinquent Utility Services to the County for Collection with the 2013 Property Taxes ....................................................................... 61 - 71 8. Resolution to Approve a Cooperative Construction Agreement with the Minnesota Department of Transportation to Enable Installation and Maintenance of Mississippi River Trail (MRT) Signage ............................................................................ 72 - 80 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2013 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Claims ....................................................................................................... 81 - 93 10. Licenses ....................................................................................................... 94 - 97 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: 11. Consideration of Proposed Amendments to Fridley Home Rule Charter, Chapter 7. Taxation and Finances; Chapter 8. Public Improvements and Special Assessments; Chapter 11. Public Ownership and Operation of Utilities; and Chapter 12. Miscellaneous Provisions (Continued September 23, 2013) .................................................................................. 98 - 102 12. Consideration of a Proposal for the Issuance of a Revenue Obligation of the City Under Minnesota Statutes, Sections 469.152 through 469.1655, as Amended, on Behalf of Benedictine Living Center of Fridley, LLC .................................................... 103 - 105 13. Consideration of the Assessment for the 2013 Nuisance Abatement .................................................................................... 106 - 107 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 2013 PAGE 4 NEW BUSINESS: 14. Resolution Authorizing the Issuance, Sale and Delivery of a Health Care Facilities Revenue Note (BHS/Allina TCU Project), Series 2013, in the Aggregate Principal Amount not to Exceed $10,000,000, for the Benefit of Benedictine Living Center of Fridley, LLC, Payable Solely from Revenues Pledged Pursuant to a Loan Agreement and a Servicing Agreement; Approving the Form of and Authorizing the Execution and Delivery of Related Documents; and Providing Host Approval for a Subordinate Note to be Issued by the City of Mounds View ............................................................................... 108 - 115 15. Resolution Adopting the Assessment for the 2013 Nuisance Abatement ........................................................................... 116 - 118 16. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA#13-01, by Fridley Land, LLC, to Rezone the Property from M-2, Heavy Industrial, to S-2, Redevelopment District, to Create Flexibility with the Industrial Redevelopment of the Property, Generally Located at 4800 East River Road (Ward 3) .................................................. 119 - 122 17. Informal Status Reports ................................................................................ 123 ADJOURN. � a C1TY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF October 28, 2013 7:00 p.m. - City Council Chambers Attendance Sheet Please print name, address and item number vou are interested in. Print Name (Clearly) Address Item No. , _. �� ,�� -�--��=��',�� (, % i n,< �` ��,',-� �� .i��cL��. � � � � - � ��"� �,tiw� �lti � �;� ',.,' ; ,.�, ;�.�,.� �� Z �—'��,� 1 ��'�� ,--- ~ �'t l.a_/ �� Z � CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 14,2013 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:04 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saeflce Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Scott Hickok, Community Development Director James Kosluchar, Public Works Director Darin Nelson, Finance Director/Treasurer Wally Wysopal, City Manager Darcy Erickson, City Attorney Paul Hyde, Fridley Land LLC Melvin Krugerud, 7356 Hayes Street NE Leslie Rolstad, 7471 Jackson Street NE Charline Wade, 1564— 75th Avenue Pat Belland, Unity Hospital Jerry Anderson, Jamb Architects APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 1. Special City Council Meeting of September 23, 2013 APPROVED. 2. City Council Meeting of September 23, 2013 Mayor Lund referenced page 6, paragraph 2, fourth line, should read that$158 is the amount for the Mayor only. APPROVED AS CORRECTED. 1 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 2 NEW BUSINESS: 3. Receive the Minutes from the Planning Commission Meeting of September 18, 2013. RECEIVED. 4. Special Use Permit Request, SP #13-09, by ELO Engineering, Inc., on Behalf of Owczarzak Investment, LLC, to Allow Limited Outdoor Storage, Generally Located at 7770 Ranchers Road; and, Resolution Approving Special Use Permit SP #13-09, for ELO Engineering, Inc., on Behalf of Owczarzak Investment, LLC, the Property Owner for the Property Located at 7770 Ranchers Road N.E. (Ward 3). APPROVED SPECIAL USE PERMIT NO. SP#13-09; AND ADOPTED RESOLUTION NO. 2013-52. 5. Special Use Permit Request, SP #13-10, by Michael Bizal, of Bizal, Inc., to Allow Limited Outdoor Storage, Generally Located at 7880 Ranchers Road; and Resolution Approving Special Use Permit, SP #13-10, for Bizal, Inc., on behalf of Michael J. and Barbara J. Bizal, the Property Owners for the Property Located at 7880 Ranchers Road N.E. (Ward 3). APPROVED SPECIAL USE PERMIT, SP #13-10; AND ADOPTED RESOLUTION NO. 2013-53. 6. Resolution Supporting the Submission of a Grant Application to the Department of Employment and Economic Development (DEED) for the Redevelopment of 4800 East River Road N.E. (Ward 3). THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. Resolution Authorizing the Submission of a Grant Application to the Metropolitan Council for the Tax Base Revitalization Account for the Redevelopment of 4800 East River Road N.E. (Ward 3). ADOPTED RESOLUTION NO. 2013-54. 2 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 3 8. Resolution Confirming the Statutory Level of Tort Limits. Wally Wysopal, City Manager, stated this is a $500,000 individual and $1.5 million aggregate ', claim. This is something the League of Minnesota's Insurance Trust, of which the City is a member, requires on an annual basis. ADOPTED RESOLUTION NO. 2013-55. 9. Resolution Directing Preparation of the Assessment Roll for the 2013 Tree RemovaVLateral Repair. ADOPTED RESOLUTION NO. 2013-56. 10. Motion to Receive the Fiscal Year 2014 Budget for Twin Cities Gateway. RECEIVED. 11. Appointment: City Employees Wally Wysopal, City Manager, stated there are four internal promotions. The first one is Jeff Jensen to the position of Public Works Operations Manager for Parks and Street. He has been with the City for 20 years. This is a consolidation of two positions into one. Mr. Jensen has previous private sector experience and will be reporting directly to the Public Works Director. Mr. Wysopal stated the second appointment is for the appointment of Richard Perron as a Lead Worker in the Parks Division. Mr. Perron has 8 years of service with the City, and with Presbyterian Homes, White Bear Lake Schools, and the City of Dellwood. He will be reporting directly to Mr. Jensen. Mr. Wysopal stated the third appointment is of William (Bud) Zerbey who has been with the City for 21 years in a number of different capacities, the most recent with the City's Street Department. He has also worked at Rosacker's and the Mosquito Control District, He attended St. Cloud University as well as Anoka-Ramsey, and is a graduate of Fridley High School. He will be also be reporting directly to Mr. Jensen. Mr. Wysopal stated the last appointment is a promotion for Walt Messer as Fire Captain. He has been with the City for 14 years and has been a full-time firefighter since 2006. He has served as Acting Captain since March of this year and was fulfilling the duties of Kevin Swanson who retired. Mr. Messer attended Normandale Community College and also works for the City of Brooklyn Park in the Fire Department. APPROVED. 12. Claims (161221 - 161480). APPROVED. 3 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14, 2013 PAGE 4 13. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 14. Estimates Ron Kassa Construction 6005 East 250th Street Elko, MN 55020-9447 2013 Miscellaneous Concrete Project No. 429 Estimate No. 4..............................................$ 14,222.93 Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 2013 Street Rehabilitation Project No. ST2013-01 Estimate No. 4..............................................$ 62,057.93 Midwest Asphalt Corp. 5929 Baker Road Suite 420 Hopkins, MN 55345 2012 Street Rehabilitation Project No. ST2012-01 Estimate No. 9..............................................$ 45,990.00 APPROVED. APPROVAL OF CONSENT AGENDA: Councilmember Bolkcom asked that Item No. 6 be removed. MOTION by Councilmember Barnette approving the proposed consent agenda with the addition of Item No. 6. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 6. Seconded by Councilmember Saefke. 4 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No one from the audience spoke. NEW BUSINESS: 6. Resolution Supporting the Submission of a Grant Application to the Department of Employment and Economic Development (DEED) for the Redevelopment of 4800 East River Road N.E. (Ward 3). Councilmember Bolkcom asked how much time is spent by the City to provide the status reports and how much time would that take up in the next four years? Scott Hickok, Community Development Director, said staff is familiar with tax-based revitalization grants, and there have been a number in the past. Mr. Hyde's project on Onan- Murphy was a good example. There are some administrative tasks the City needs to do. In terms of time over the course of a grant period, annually, the City has a grant report that it updates as to number of jobs created, new investments that have been realized as a result of this in terms of new building area, etc. It probably takes about 2.5 hours a year for the report. The developer provides a lot of the infarmation for the City. Mr. Hickok these two resolutions (Item Nos. 6 and 7) will be taken on by Paul Bolin. These were given to the City Council tonight to endorse them and support the project. MOTION by Councilmember Bolkcom to adopt Resolution No. 2013-57. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 15. Consideration of a Rezoning Request, ZOA #13-01, by Fridley Land, LLC, to Rezone the Property from M-2, Heavy Industrial, to S-2, Redevelopment District, to Allow Flexibility with the Industrial Redevelopment of the Property, Generally Located at 4800 East River Road N.E, (Ward 3). MOTION by Councilmember Saefke to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 7:18 P.M. 5 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 6 Mr. Hickok stated this relates to the Paul Hyde project at 4800 East River Road. He is requesting his property be rezoned. The property that is commonly known as BAE, FMC, or the Navy site is currently zoned M-2, Heavy Industrial. The rezoning would be to S-2, Redevelopment District. The purpose of this rezoning is to allow flexibility for both performance standards and uses within the future redevelopment on this site. Mr. Hickok stated the property is located south of 694 and east of East River Road. It was developed in the early 1940s as a manufacturing facility for gun mounts for the US Navy and was known as Northern Pump. In the 1960s, FMC Corporation purchased and operated the facilities. In the 1990s, FMC merged with Harsco Corp. and formed United Defense which became BAE Systems which still occupies the building today. Mr. Hickok stated the property is approximately 122 acres. The existing building was constructed in the early 1940s and is approximately 2 million square feet in size. That is the same square foot dimension roughly as the IDS Tower. Mr. Hickok stated some out buildings, parking areas, and landscaping also exist on the site. The redevelopment of this property includes the 83-acre Naval Tndustrial Reserve Ordinance Plan (NIROP). That is a superfund site. Mr. Hickok stated there is a 14-acre parcel directly south of the property, known as the FMC Superfund site, which was the subject of an investigation for waste disposal; and a significant soil and groundwater remedial action was undertaken by FMC at that property in the 1980s and continues today. That 14 acres is not included as part of this redevelopment project. Mr. Hickok stated in order to allow for the redevelopment of this property. An AUAR (Alternative Urban Areawide Review) was required to be completed by the consultant in accordance with the State's Environmental Quality Board rules. The City was the LGU (Local Government Unit) or the overseer of process during the review, and the document was ultimately approved by the City Council. The AUAR is very important because it focused attention on the environmental impact of a development such as looking at things such as fish, wildlife, ecologically-sensitive resources including water resources, erosion, sedimentation of soils, water quality of runoff, wastewater, geologic hazards, and soil conditions, solid wastes, hazardous waste, storage tanks, traffic, emissions, odors, noise dust, nearby resources, and visual impacts. Mr. Hickok stated local, state, and federal agencies were involved in the review of the AUAR. Generally speaking, the comments back were thoughtful and on point, but relatively few in number. All comments were made part of the official AUAR Record. Mr. Hickok stated types of comments back included things such as by full build-out of this development, the ramp entrances to 694 will,need to be studied and potentially modified to accommodate the additional traffic. A driveway modification to the northern-most driveway onto East River Road will be required for the later phases of this redevelopment. Specifics for that modification are spelled out in the AUAR response, letter submitted by the Anoka County Highway Department. A minor amendment to the City's Comprehensive Plan reflecting what its previous S-2 Zoning modifications have become will be necessary. Another comment to the 6 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 7 AUAR was that protection of nesting migratory species would need to be considered prior to the building's demolition. Mr. Hickok stated the range of the square footage for this development will be 1,591,860 square feet to 1,839,220 square feet. If they exceed that larger number, further AUAR analysis will be required. It is expected this development will fall safely between. Mr. Hickok stated the petitioner is planning to redevelop the property into 1.6 million square feet of new industrial buildings, in four phases. The development is being phased to accommodate the existing tenants in the existing building. They will start to see some nice photo illustration of the types of development this developer is accustomed to doing, Mr. Hickok stated the petitioner states he sees four phases happening: Phase 1 will occur on the south side of the existing building where there is a grassy area right now and some unused parking. It will consist of approximately 400,000 square feet; and that could be one or two buildings. Phase II of the redevelopment will occur on the north side of the existing building, and will consist of 1 to 3 buildings, totaling 400,000 square feet. Phases III and IV will occur once the existing leases within the existing building have expired and the existing 2 million square feet building is demolished. Phases III and IV will consist of approximately 400,000 square feet of building each. The entire redevelopment is expected to take 5 to 7 years to complete. Mr. Hickok stated the landscape on the site has been an important part on this developer's strategy. He has already had his landscape architect take a look at the site and study what was native to this property before it was developed in 1940 so they can bring back some of that natural environment and create a very nice work environment for the industrial complexes as well. Mr. Hickok stated staff recommends approval of this rezoning from M-2, Heavy Industrial, to S-2, Redevelopment District, with the following fifteen stipulations: 1. The applicant shall obtain all necessary permits for each phase prior to construction including, but not limited to, building, land alteration, and sign permits. 2. The proposed project and phasing shall meet all Building code, Fire code, and ADA requirements. 3. City engineering staff will review and approve grading, drainage and utility plans prior to issuance of building permit for each phase or building. 4. A storm pond maintenance agreement shall be required for each pond in the overall development. The uncertainty related to future phase's layout will require a storm pond agreement tied to each phase and submitted for approval, prior to issuance of any building permits in that related phase. 5. Landscape and irrigation plan to be reviewed and approved by City staff prior to issuance of building permit for each phase or building. 6. The petitioner shall pay all water and sewer connection fees prior to issuance of a building permit for each phase or building. 7 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 8 7. Bicycle/pedestrian connections between buildings within project and to the adjacent regional park shall be incorporated into the Master Plan. Bike racks shall also be provided for each building in the development 8. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department or the Minnesota Department of Transportation. 9. Costs for modification to site access at East River Road and this site's redevelopment related signalization enhancements shall be borne by the developer. 10. Due to the complexity of this redevelopment and ultimately the number of unknowns related to who will be new tenants or owners of buildings and what their specific needs will be, the developer shall be required to keep each phase of this development within 10 percent of that square foot dimension that is shown for each phase in the Master Plan. This means there may be a modification in shape and size of buildings in each phase, but overall that phase cannot deviate from the Master Plan square foot dimension by more than 10 percent. Those changes when necessary reviewed and approved by the Planning Commission and City Council. 11. Each phase should generally comply with the most similar zoning district performance standards. 12. An increase in overall square footage beyond 1,839,220 squaxe feet will require AUAR revisit. 13. No park fee is required, as a result of land dedication for park by the original owner of this site. 14. The petitioner shall maintain a vegetative cover on all excavated areas awaiting building construction. 15. A development agreement between the Developer and the City for all public/private site improvements including, but not limited to, streets, utilities, and landscape shall be approved for the overall development, prior to issuance of a building permit for the first building in Phase I. Councilmember Bolkcom asked what RAP meant. Mr. Hickok replied Response Action Plan. It is referred to quite often on clean-up projects like this. It is the Response Action Plan related to the environmental issues that have been discovered. The RAP has to be approved by the MPCA before you can move ahead with the actual clean-up. Councilmember Bolkcom stated, so the RAP is approved by the Minnesota Pollution Control Agency. It does not need any approval at the city level. Mr. Hickok replied yes. Councilmember Bolkcom stated there are all these buildings and all these different phases. As long as the number at the very end is less than the 10 percent, the City is okay. If they get someone who wants to build a 400,000 square foot building, that would not cause a reason for 8 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 9 the petitioner to come back as long as the whole project stays under the number in the stipulation and is not increased more than 10 percent. Mr. Hickok replied, correct. Councilmember Bolkcom said it does not really matter if one phase is only 350,000 square feet and the next one is 450,000, as long as it stays under that 10 percent increase. Mr. Hickok replied true. It provides the developer flexibility because there are a lot of unknowns about the market and what the eventual buildings will be. Councilmember Bolkcom asked if the master plan would go into any details on what kind of uses they see there or mainly just what lighting and the landscaping, etc. will be? She asked what it would involve. Mr. Hickok replied the development agreement typically talks about the physical infrastructure, where private utilities meet public utilities, and where improvements are being made. The City wants to make certain these are finished improvements. Developers and their civil engineers are very good at doing this. In the instance where you would have a conflict on how this is all to work, the development agreement is meant to basically tie it all together and say here is what happens in these situations and how we should move forward. Councilmember Bolkcom asked, regarding Stipulation No. 8 which says petitioner shall comply with any requirements set forth by Anoka County Highway, right now no one foresees changes in East River Road regarding traffic and the turn lanes. Does that go per phase? Mr. Hickok replied it really goes back somewhat to what the site was planned for initially. Back at the full development, there were 6,000 vehicles with their associated average daily trips; and the way the site was laid out the driveways were really adequate for how that building would fill up in the morning and people would leave in the evening. This is going to be phased a little bit different. The County Highway Department and their experts have already taken a look at it. Mr. Kosluchar has taken a look at it. One driveway will need to be modified before the full buildout. Councilmember Bolkcom stated those things are a little confusing to her. Obviously the traffic on I694 and East River Road has increased over the years. How much does that enter into this and, at if there needs to be improvements made for traffic signals, who incurs those costs? Mr. Hickok replied, there is a stipulation that says, of course the developer needs to follow the mandates of the Anoka County Highway Department and MnDOT and, if adjustments need to be made for the signalization, those costs would be borne by the developer. Councilmember Saefke stated he did not see in the stipulations anywhere regarding contacting the Mississippi Watershed Management Organization (MWMO). This ties in with No. 4, the storm retention pond. He encouraged the developer to contact them because they will provide some technical information and perhaps applicable suggestions. 9 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 10 James Kosluchar, Public Works Director, replied there have been conversations with the MWMO so far about the property and, at the time a concept plan is developed which they are getting to here, they are interested in that conversation. City permits under the MWMO rules, the MWMO is not a permitting agency; therefore, the City will be working with MWMO as well. Councilmember Saefke stated that is good because he knows one of the major problems the MWMO and other watershed organizations have is that they usually get the plans on the tail end, and it is too late to do anything. Councilmember Bolkcom asked once this is done, what will everyone see on the site? Mr. Hickok replied he will leave part of that answer to the developer. With the flexibility of the S-2 and also the phasing of this with some adjustment opportunities there, the 10 percent either direction, was a good thing. They are going to see some rather large development here with a lot of new jobs and opportunities. It will be a very high-tech development with state of the art industry and appearance to an industrial complex that will be a very nice addition to the City of Fridley. Councilmember Bolkcom mentioned the report related to making some minor amendments to the Comprehensive Plan related to the zoning to the S-2. She asked what was involved. Mr. Hickok replied that is a result of the Met Council's response to the City in the AUAR. They are saying they understand that this S-2 development is a unique zoning for Fridley. It is a bit like a planned unit development type zoning. However, when a development then has been zoned S-2 and then is built out, what the Met Council asked is if the City could tell them what those sites have become. For example, Medtronic's World Headquarters campus is an S-2. The Fridley Municipal Center with its neighboring buildings is an S-2. They have asked the City now on its S-2 sites to identify what those became and to be specific. Councilmember Barnette asked if the petitioner or Mr. Hickok could give them two or three different examples of the type of industrial building that might go there. Paul Hyde, Fridley Land LLC, stated he will tell them a bit about what they have been working on the past two years. They are going to see Council many more times over the next two to five years as this redevelopment unfolds. Last time they met they talked about getting through the regulatory issues with both the EPA and the State Pollution Control Agency. They are in great shape there. They have now closed on the site. They bought it on July 10. They have a development agreement approved which will help them through the redevelopment, and the next thing they are working on is their applications for grants to help clean up what they found on the south part of the site. Those applications are due November 1. Last week they heard news that they received a $500,000 redevelopment grant from DEED. There were 24 applications including the St. Paul Saints stadium. It is very, very competitive. They were fully funded on that grant application. 10 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 11 Mr. Hyde stated they started marketing the project six to eight weeks ago. They branded it as the Northern Stacks after the stacks with the Naval battle E on it. They have great response so far. He sees great activity out there in the market. They are actively talking to a number of different users, from warehouse distribution companies that serve companies both in the metro area and Fridley. They also have a number of inedical companies and manufacturing companies with high office finish and great jobs they are talking to. Frankly, his issue is going to be trying to deliver more land sooner to meet the market demands and they are able to deliver now with some of the existing leases in place. Mr. Hyde stated they will probably see the Council on site plan approvals maybe as they get through each building. They will be coming through here on site plan approvals and hopefully having some groundbreakings happening in the spring. Then, knock on wood, some good news on grant applications coming in the end of December, probably January, for that first phase of redevelopment for those clean-up grants they are applying for. Councilmember Bolkcom asked what happens if those grants for the clean-up do not happen? Mr. Hyde replied what they try to do with the help and attention of the HRA is build in some different backstops in case that happens. They have some tax increment that can happen, along with redevelopment grants they were awarded along with grant funds. They are trying to make sure there is not one thing that is going to slow the project down. Nevertheless, they very much want and need those grants. They spend a great deal of time with DEED and Met Council. They will see them again on Monday out at the site to discuss their applications and get their feedback; and they think they will score well in terms of creating jobs, tax base, and pollution clean-up. For the dollars they are asking them to invest, with the bang they are going to deliver, they are optimistic they will get a good result. Mayor Lund asked Mr. Hyde to remind them a little bit about the known pollution site there. The past "polluters" are responsible for remediation and continuation of that. Therefore, why, as there now has been identified up to $12 million of other clean-up costs, are those polluters not paying for that additional clean-up as they become aware of it? Mr. Hyde replied this is their fourth State and Federal superfund site they have redeveloped. They have run into the same factual circumstance on every site. This is a broad, national trend which is what created this industry of redeveloping a site. The answer is that vis-a-vis US EPA and State of Minnesota Pollution Control Agency, the Navy is done with the soils on the site. They are responsible for operating the groundwater system which they will control for as far as they can see into the future. Any incremental new issues they run into, are the redeveloper's issues. As they touch the dirt, because of their redevelopment, they have to move it around and put it in different places. That is a development-related expense, not a Navy pollution-related expense, which is the way most of these redevelopments work. They spent a year trying to lay the groundwork for that as it relates to regulatory oversight of their clean-up as well as who is responsible for what. It is a very typical outcome. 11 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 12 MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 7:49 P.M. 16. Consideration of the Proposed Assessment for 2013 Street Improvement Project No. ST2013-01. MOTION by Councilmember Saefke to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 7:49 P.M. Darin Nelson, Finance Director/Treasurer, stated the project assessment pertains to the mill and overlay of City streets as part of the City's street resurfacing plan. The 2013 Street Improvement Project improved the areas of Meadowmore Terrace and Flanery Park neighborhoods, along with Jackson Street. Mr. Nelson stated the total number of properties in this assessment is 344. The total assessed cost is $714,156.38. Each single-family residential property is proposed to have an assessment of$2,074.45. Assessments were originally estimated at approximately $2,100. The assessment payback period is over a period of ten years. Interest rates are at 5.25 percent. The City calculates interest rates based off the federal prime rate. They use 2 percent over prime. The primate rate has been at 3.25 percent for the past several years. Mr. Nelson stated property owners have until the close of business on November 27 to pay all or a portion of their assessment interest free. The City did receive one formal notice contesting the assessment late in the afternoon today which he handed out to Council. Mr. Nelson stated there is a deferral option available to retired and/or disabled property owners, and must be for a homesteaded property. Property owners should contact the Finance Department if they have an interest in that. His number is 763-572-3520. To be eligible for this defenal a person must be 65 years old or retired by virtue of permanent or total disability. The application must be filed with his office within the next 30 days. There are income guidelines, The annual assessment payment cannot exceed 1 percent of a person's adjusted gross income or the household income must be below the very low income threshold as defined by the Community Development Block Grant. He does have that information. One caveat to this is interest does accrue during those deferrals. MOTION by Councilmember Bolkcom to receive a two-page letter dated October 4, 2013, by Thomas and Sandra Kallroos. Seconded by Councilmember Varichak. 12 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 13 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom said the letter was dated October 4, and asked if the City received it today. Mr. Kosluchar replied they received it in the Engineering Department today. Mayor Lund asked Mr. Kosluchar if the photos he provided were recently taken. Mr. Kosluchar replied the photographs were taken today. Mayor Lund stated regarding the photos attached to the Kallroos letter, he is not sure what they are from. They had a sinkhole or did have one and they are claiming that after the street reconstruction, it is not clear what they are showing there. It looks like there is a lot of gravel on it or it is not a complete street. Councilmember Bolkcom stated it looked like it is growing grass. Mayor Lund stated there is grass in the seam of the concrete between the driveway and the curb. Mr. Kosluchar stated he has not been involved with this. He believed Layne Otteson was involved. What Mr. Kosluchar observed out there today was a slight difference in height between the driveway and the curb which obviously existed before the project. The curb was not replaced as part of the project. The term "sinkhole" is probably an overstatement of the problem there. He guessed that was talked about with Mr. Otteson at the preliminary workshop. if someone says they have a sinkhole and they have drainage problems in front of their house, typically those are things they go after with the curbing budget. He looked at it today and with the naked eye, from the pictures it is a fairly good grade. There is really not a problem with the curb. There may be a problem with the elevation, maybe about an inch between the driveway and the curb. Whether that is a heaved driveway or a settled curb, he could not tell them. Maybe it is something they can work on with the owner. Mayor Lund stated it is really not the road that is of issue with the homeowner. It is more of the gap, separation, or differentiation behind the concrete curb and his personal driveway. Mr. Kosluchar replied, correct. Mayor Lund stated and the Kallroos' expectation is that the curb would be raised or a new curb would be put in or a section of their driveway would be corrected to make a more seamless transition. Mr. Kosluchar replied his guess expectation was maybe they raise the curb up to this driveway. Mayor Lund stated the curb is in alignment with the rest of the curb in both directions. 13 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 14 Mr. Kosluchar replied it appears to be. Mayor Lund stated raising one section of curb is not going to really address the problem. Councilmember Bolkcom stated his looks really deceiving then, because it sure looks like there is hump there. Mr. Kosluchar replied and that is prior to the project being done. Councilmember Bolkcom stated if Mr. Otteson actually talked to them, someone should talk to them about what is going on and that the City is not going to do anything, That is something they preach. Every time she goes to a street meeting, they say if you have a question, whether they call it a sinkhole or not, someone should get back to them. She asked if they ran out of money and if that was why it was not being fixed. Mr. Kosluchar stated regarding the cost issue, the City does have a budget for curbs in the project. Sometimes it does get stretched a little bit for minor issues. They would have to replace a whole curb section of their driveway, maybe 25-30 feet of curb and on both sides as well. It is a pretty expensive cost, about $20 a foot to correct a real minor problem. There are other ways to correct it. Councilmember Bolkcom asked what they were. Mr. Kosluchar replied there are probably two ways--to rebuild the curb or cut a panel and replace the panel. Councilmember Bolkcom asked if someone should have gone out and talked to them. Mr. Kosluchar replied they will do that. He does not know what the communication was after that point. Councilmember Bolkcom stated but the City has change orders all the time, too, if it really needed to be done to correct it. Mr. Kosluchar replied they will not replace the curb though. In order to do that they would have to cut the mat and they will not do that. Councilmember Saefke stated his other suggestion is they can talk to Don Roberts who is quoted in the letter with what appears to be a bogus answer. Because there is such a difference between the photographs attached to the letter and Mr. Kosluchar's, his thought was this must have been prior to the project because the mat on the street on Mr. Kosluchar's photographs is nice and smooth. Mayor Lund asked about grinding that panel? Mr. Kosluchar replied that is a real cost-effective option. Is grinding or cutting. 14 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 15 Mayor Lund stated he does not know how big of a gap is there in the area where the grass is growing. Is it a fairly significant gap? Mr. Kosluchar replied, he honestly cannot say there is a gap. The vertical separation was probably about an inch. He did not put a tape on it. They will follow up with the owner. The conversation mentioned in the letter may have been part of the conversation, but it likely was not all of the conversation. Councilmember Bolkcom asked what the City normally does when someone comes to them with comments like that. Mr. Kosluchar stated Mr. Roberts probably has a log of these conversations. � Councilmember Bolkcom said because this is a public hearing and there is an assessment roll after this, she is sure the couple is asking if they should pay their assessment and if the City will help them out. Does the City need to help them out? In the past, if someone has not been happy, they fix it before they assess them. Does the roll have to be approved tonight? Mr. Nelson stated he recommends the roll be approved tonight, in total. If they want to take specific action to one P.I.N. they could. Councilmember Bolkcom asked, is tonight the last night it can go in? When does it have to get to the County? Mr. Nelson replied, by November 27. It has to be submitted within 30 days. In reality they could approve it at the next Council meeting because they would still have 30 days. Councilmember Bolkcom asked if they could approve the whole roll without the one number, unless there are others in the audience. Darcy Erickson, City Attorney, stated she concurs with Mr. Nelson that they approve the roll as presented. If there is any corrective action perhaps try and do that. Mr. Kosluchar stated they typically do get comments on restorations. There are items that are to be dealt with, including those with the contractor as well on the job. This is nothing that was called out in the plans the contractor was supposed to do. Mr. Nelson asked the City Attorney, if they have to give 30 days of an interest-free waiver after the assessment roll is certified, are they cutting it close. Attorney Erickson replied they are cutting it very close. Mr. Kosluchar stated he does not think this issue has a bearing on the assessment, the improvements, and the benefit of those improvements. Curb corrections were done for drainage only, In addition, the curb is not a part of the assessment for the project. 15 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 16 Mayor Lund asked Mr. Kosluchar does he see, in his professional opinion, any fault or default of the work that was contracted to be performed. It is more of an issue that the curb in the Kallroos' driveway has actually dropped, heaved, etc., over time. Mr. Kosluchar replied, that is correct. Councilmember Varichak asked when they first had their meeting, did this couple ever mention they had this problem before this was all done. Mr. Kosluchar replied, according to their letter, yes. Melvin Krugerud, 7356 Hayes Street N.E, stated he lives in the center of the block on the west side. This is pertaining to the storm sewer. When they first put the curbing in, he spoke with the engineer on the job. They took a big chunk out of there. It was hit with a pay loader. He was very upset because at that time it was never taken care o£ Apparently fhe City did not even know about it. The contractor avoided him. He made up his mind this time around that is going out of there and it is going to look decent. He called someone in the Engineering Department and told him he needed to come to 73rd and Hayes, and that he wanted this problem taken care of. The man told him everything was taken care of. Mr. Krugerud replied, no, it was not. Not to his satisfaction. The man said he would be over in ten minutes, and he was. The man was going to snow him under that it was not going to be done. In about a four-foot width or so there were three cracks in the concrete right across. He pays for it and it should be taken care of. The man told him that will never go. He said he told the man, it is going to go. He wants it replaced. As long as the City is doing the job, it should get done now and not three or four years down the road. The man said, he will be back. Half an hour later he came back and told him they were going to replace the concrete. The City did put in a much wider inlet. Leslie Rolstad, 7471 Jackson Street N.E., stated she has no issues with the assessment. She just came to see that the proposal was passed, and she did not expect to see any changes in the amount in the future. Mr. Nelson stated if the assessment is certified tonight, the City will be sending out courtesy letters in the mail tomorrow or the next day with the actual assessment amount. Councilmember Varichak asked about the differences in the amounts. Mr. Kosluchar stated he believed there was one commercial property on the project and, in addition, they have a duplex. They pay one and one-half times the formula. Carra Wade, 1564 — 75th Avenue, stated when this first started, she was pretty sure they would pay in January, 2014. She was quite surprised to see in their last letter it was moved to November. It does seem logical to do it before the holidays. Mr. Kosluchar replied, typically October, November, or December is when they have this hearing and when they can do that prepay. 16 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 17 MOTION by Councilmember Varichak to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:49 P.M. NEW BUSINESS: 17. Resolution Adopting the Assessment for 2013 Street Improvement Project No. ST2013-01. MOTION by Councilmember Varichak Adopting Resolution No. 2013-58. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 18• Special Use Permit Request, SP #13-11, by Joint Venture, LLC, Benedictine Health and Allina Health, for North Suburban Hospital District (Unity Hospital) to Allow the Construction of a New Transitional Care Facility on the Unity Hospital Campus, Generally Located at 520 Osborne Road (on the Property Located at 550 Osborne Road, Unity Hospital); and Resolution Approving Special Use Permit, SP #13-11, for Joint Venture, LLC, on Behalf of North Suburban Hospital District, the Property Owner of the Property, Generally Located at 550 Osborne Road N.E. (Ward 1). Scott Hickok, Community Development Director, said petitioner is seeking a specia] use permit to construct a new conditional care facility on the Unity Hospital campus. The proposed building will be located on the south side of the existing building and is intended to be connected to the hospital building via skyway at some point in the future. Mr. Hickok stated Allina Health (Unity Hospital) is partnering with the North Suburban Hospital District and Benedictine Health Systems to build a transitional care facility to be called "Interlude" on the Unity Hospital campus. The proposed building will be a therapy facility where guests can have close access to the hospital, while not occupying a typical hospital room for their ongoing therapy. Mr. Hickok stated it will be a three-story building, 45,087 square feet, and consist of 38 private guest units, 2 semi-private guest units with two beds in each unit, and 8 care units, for a total of 50 skilled nursing beds in this building. 17 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 18 Mr. Hickok stated the exterior facade will consist of a variety of materials intended to complement the hospital campus and the residential areas across Lyric Lane. At the hospital end of the building, it has a commercial appearance and on the south end, it appears as a three-story residential complex. Mr. Hickok stated hospitals, clinics, and nursing homes are permitted special uses in the R-1 zoning district; and modification to the campus requires that a new special use permit be approved. As a result, the existing request has been submitted. There are 72 parking stalls that will be removed because of the construction of this building. The transitional care facility requires 50 parking stalls. The petitioner plans to replace those 72 plus 56 stalls for this facility. By expanding the parking to the west and southwest of this new building they will accomplish that. Mr. Hickok stated the proposed expansion meets lot coverage and setback requirements. All storm water, drainage, and landscape comply with City Code requirements. Mr. Hickok stated the Planning Commission held a public hearing on this item on September 18. They unanimously recommended approval with 11 stipulations. Mr. Hickok stated staff recommends concurrence with the Planning Commission. Councilmember Saefke asked whether anyone in the neighborhood has been notified of the proposed construction. Mr. Hickok replied the property owners within 350 feet of the edge of this property were notified; and the City did put a hearing notice in the paper as well. Mr. Hickok replied there were a couple questions about what the project is. There were no comments for or against. Councilmember Varichak asked if they were taking out the heli pad. Mr. Hickok replied yes. Councilmember Varichak asked where it was going. Pat Belland, Unity Hospital, stated they have spent a significant amount of time looking at this, and their plan is to use the Blaine airport. They will not be replacing the heli pad. MOTION by Councilmember Saefke to approve Special Use Permit Request, SP #13-11, by Joint Venture, LLC, Benedictine Health and Allina Health, with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2• The petitioner shall meet all building, fire, and ADA requirements. 3. The petitioner shall comply with the Fire Marshal's plan review comments dated September 4, 2013. 18 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 19 4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 5. The petitioner shall receive Coon Creek Watershed District approvals prior to issuance of a building permit. 6. A stormwater maintenance agreement shall be filed with the City prior to issuance of a building permit. 7. Landscape and irrigation plan to be reviewed and approved by City staff prior to issuance of building permit. 8. Future additions/expansions on this site shall be reviewed by City staff and a determination shall be made regarding the need for a strategic plan for structured parking. If sufficient additional parking is required based on the addition, a structured parking plan will be required. 9. Pedestrian crosswalk shall be established to accommodate safe pedestrian movement between the proposed building and the other buildings within the Unity Hospital campus. 10. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for parking shall be marked and approved by City staff prior to issuance of a building permit. 11. A new compost area for the community garden shall be identified on the site plan, shall be screened from neighboring residential properties, and meet all other Code requirements related to composting. and to adopt Resolution No. 2013-59. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. Vacation Request, SAV #13-03, by Jamb Architects, for ponald Gamboni, to Vacate 79th Avenue, West of Hickory Street, which will Allow for a Parking Lot and Building Addition, Generally Located at 7890 Hickory Street N.E.; and Resolution Vacating and Reserving a Portion of 79th Avenue West of Hickory Street to the Burlington Northern Sante Fe Railroad Tracks. Generally Located North of 7890 Hickory Street N.E., Petitioned by Donald J. and Judith M. Gamboni, the Property Owners of 7890 Hickory Street N.E. (Ward 3). Mr. Hickok stated the petitioner is requesting a vacation of a portion of 79`h Avenue, west of Hickory Street to the Burlington Northern Sante Fe railroad tracks. Mr. Hickok stated for the City to consider the street vacation, City staff had the petitioner obtain signatures from the two owners to the north. The City received signatures from both Park Consti-uction and Ryan Companies, stating they agree to the requested street vacation. As a 19 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 20 point of interest, Burlington Northern Sante Fe had indicated their willingness to allow that to be vacated in the past as well. Mr. Hickok stated the petitioner is also seeking a variance to reduce the side yard setback on the corner lot from 25 feet to 12 feet to allow the construction of a building addition on the east side of this building. Mr. Hickok stated with a variance it is important to talk about what is unique about this site and what is the condition here. The petitioner's summary of the hardship states, "Unfortunately, we cannot expand our building to the west or to the south due to the multitude of utility easement and lot size restrictions. Some of the utilities also restrict the height of the building. This leaves us with the only possible expansion to be on the north and east side of the lot in the setback area." Mr. Hickok stated the property is zoned S-3, Heavy Industrial, Onaway Addition. Vision Woodworking operates their business out of three buildings, all on Hickory Street (7890, 7891, and 7871 Hickory Street). They have outgrown their building and are in need of expanding. This is a fascinating business. They do beautiful art-grade millwork. Mr. Hickok stated approving the street vacation and variance request will allow the building addition to the east and north of the existing building as well as the construction of additional parking along the north side of the property. Mr. Hickok stated the City's Public Works staff is in agreement with the street vacation provided utilities within the right-of-way are protected through vacation resolution. The petitioner has been working with Burlington Northern to get their signature on the vacation request and, at this point, they do not have anything in writing. However, from their discussions with Burlington Northern Sante Fe, the petitioner states that BNSF is not opposed to the vacation, provided they are allowed a 30-foot street access easement which Vision Woodworking has agreed to do. Mr. Hickok stated the variance is being sought to reduce the side yard setback from 25 to 12 feet. Practical difficulties do exist on the subject property the City believes based on (1) the shape of the lot, (2) the fact that it is surrounded by right-of-way, and (3) there are a multitude of utility easements that run north and south along the west side of this property. He does not know of any other property that has this same set of conditions. It does lend itself to practical difficulties for sure. Mr. Hickok stated the Planning Commission held a public hearing for a street vacation on September 18. They unanimously recommended approval of the request upon the City's reservation of a permanent drainage and utility easement and provided Vision Woodworking agrees to record an access easement to neighboring property owners. Mr. Hickok stated the Appeals Commission held its public hearing for the variance on October 2. They unanimously recommended approval of the request. 20 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 21 Mr. Hickok stated City staff recommends concurrence with the Appeals Commission and approval of the resolution for the vacation. Councilmember Bolkcom asked if the City was okay with the petitioner not having an agreement with Burlington Northern. Mr. Hickok replied, the City is okay with that. In earlier years, Burlington Northern has concurred. This is not the first time the petitioner has looked at vacation, and they have been given a verbal assurance which the City is comfortable with. They are going to provide them access to the site as well. They do not lose anything by this frankly. The cul de sac is a way basically for the City to get plow trucks turned around, etc. As long as the Burlington Northern has access to it, and both properties have access to it, he thinks the cul de sac was of the biggest benefit to the City. Councilmember Bolkcom asked the City Attorney, if the City is comfortable that there has been a case made that this is a unique lot and shape, etc. Attorney Erickson replied, she thinks this is one of a handful of classic practical difficulties because of the triangular shape of the property. That is pretty irregular. They do not see that very often. Also, it is compounded with difficulties because of the right-of-way that is around it. It is a different type of property that you do not see come along very often. Topography and unigue shape are some of the most classic difficulties or hardships under the old statute but, with the new language, it makes improvement of the property more difficult and challenging. Mayor Lund asked by vacating the cul de sac on that street, does any portion of that remain public property? Does that get plowed or maintained by the City? Mr. Hickok replied, it would vacate everything west of Hickory to the Rail. No, there would not be any maintenance on the City's part. At this point, all of the parking area that would be an improvement to the site would also service the drive area and access back to those areas. It would be taken care of as part of their maintenance on their site. Mr. Hickok stated they may recall as the City vacates streets, typically half goes back to the north and half goes back to the south. That is the case here also. Ryan Construction and Vision Woodworking have worked out an arrangement. Park Construction would like to keep their piece, and it does not cause problems with them on their project. Councilmember Bolkcom asked the petitioner if he was familiar with the stipulations and okay with the stipulations both for the special use permit and the vacation requests. Jerry Anderson, Jamb Architects, replied, yes, we are. MOTION by Councilmember Bolkcom to approve Vacation Request, SAV #13-03, by Jamb Architects, for ponald Gamboni, and to adopt Resolution No. 2013-60. Seconded by Councilmember Varichak. 21 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 22 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 20. Variance Request, VAR #13-01, by Jamb Architects, for ponald Gamboni, to Reduce the Side Yard Setback on a Corner Lot from 25 Feet to 2 Feet to Allow a Building Expansion, Generally Located at 7890 Hickory Street N.E.; and Resolution Approving Variance, VAR#13-01, to Allow a 12-Foot Side Yard Setback on a Corner Lot where 25 Feet is Required, for the Property Generally Located at 7890 Hickory Street N.E., Petitioned by Donald J. and Judith M. Gamboni (Ward 3). MOTION by Councilmember Bolkcom to approve Variance Request, VAR #13-01, by Jamb Architects, for ponald Gamboni with the following two stipulations: 1. Approval of variance request, VA #13-01 for the petitioner, Jamb Architects, on behalf of Donald and Judith Gamboni, property owners of 7890 Hickory Street, is contingent upon the approval of street vacation request, SAV #13-03, requested by the same parties. 2. Recording of a private non-exclusive access easement granted by Donald J. Gamboni and Judith M. Gamboni, property owners of 7890 Hickory Street, over: That part of 79th Avenue N.E., dedicated in Onaway, lying west of the northerly extension of the west line of Hickory Street and easterly of the southerly extension of the westerly line of PARK SHOP, Anoka County, Minnesota to adjacent property owners, who are cunently Burlington Northern Inc., Carlson Park Properties, and Ryan Companies US Inc. and to adopt Resolution No. 2013-61. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 21. Informal Status Reports. There were no informal status reports. 22 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 2013 PAGE 23 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 8:52 P.M. Respectfully submitted, Denise Johnson Scott J. Lund Recording Secretary Mayor 23 PLANNING COMMISSION MEETING October 16,2013 Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m. MEMBERS PRESENT: David Kondrick, Brad Sielaff, Brand Dunham, Leroy Oquist, and Jack Velin, MEMBERS ABSENT: Dean Saba and Tim Solberg OTHERS PRESENT: Stacy Stromberg,Planner John Lilienkamp,Reviva APPROVE PLANI�IING COMMISSION MEETING MINUTES: September 18, 2013 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Special Use Permit, SP #13-12, by Reviva Inc., to allow limited outdoor storage, generally located at 5130 Main Street NE. MOTION by Commissioner Velin to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNAIVIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:03 P.M. Stacy Stromberg, Planner, stated the petitioner, John Lilienkamp, Maintenance Manager for Reviva, the company located at 5130 Main Street, is seeking a special use pertnit to allow limited outdoor storage of steel, engine skids, scrap metal containers, cardboard bales on pallets, clean engine components and a roll-off storage container in the side and rear yard of the property. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial as are the properties to the north and south. Residential properties are located to the east and the Burlington Northern Santa Fe (BNSF)railroad is located to the west. This property was developed with the construction of a building in 1961. There have been several building additions since that time. 24 Pla.nning Commission October 16, 2013 Page 2 of 5 Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts with a special use permit that is up to 50 percent of the building's footprint. The existing building's square footage is 65,958 square feet; therefore, City code would allow up to 32,979 square feet of outdoor storage on this property. Ms. Stromberg stated the petitioner would like to continue to have outdoor storage along the west and south sides of the existing building. The area will be used to store steel, engine skids, scrap metal containers, cardboard bales on pallets, clean engine components and a roll-off storage container. The total square footage of the outdoor storage area is 17,180 square feet which complies with code requirements. Ms. Stromberg stated based on the calculations provided to the City by the petitioner on how the interior space of the building is used, City Code would require 150 parking stalls for this site. There are 132 parking stalls striped on site, with room on the northwest side of the property to stripe an additional 15-20 stalls if more parking is needed. Staff has not noticed that parking has been a problem on this site, but will stipulate that if it does become a problem, additional parking will need to be installed. Ms. Stromberg stated the storage areas are located right behind the west side and south side of the building, therefore, screened from the Main Street public right-of-way. The outdoor storage area is also fenced in with a chain link fence with screening slats, screening it from the BNSF Railroad tracks. Ms. Stromberg stated the petitioner is meeting all of the other code requirements to allow a special use permit for limited outdoor storage. Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations as limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district,provided specific code requirements are met, subject to stipulations. Ms. Stromberg stated staff recommends that if the special use pernut is granted, the following stipulations be attached: 1. Outdoor storage area shall be limited to the area requested as part of this special use pernut request. 2. The types of materials stored within the outdoor storage area shall be reviewed by the Fire Marshal. 3. If a parking shortage occurs on the site, the petitioner shall install additional parking stalls on site. Chairperson Kondrick asked the petitioner if he understood the presentation? John Lilienkamp, Reviva,replied, yes,he does. 25 Planning Commission October 16, 2013 Page 3 of 5 Chairperson Kondrick asked the petitioner if he had any questions about what was said or about the stipulations? Mr. Lilienkamp replied, no he does not. � Chairperson Kondrick asked the petitioner whether he agrees with the stipulations? Mr. Lilienkamp replied, yes. Chairperson Kondrick asked the petitioner, how many parking stalls are utilized now out of the 132? Mr. Lilienkamp replied, they have approximately 130 employees who are using them right now. Chairperson Kondrick asked the petitioner whether he understands if the City observed people parking on the street, etc. they have to have more parking stalls made? Mr. Lilienkamp replied, yes, and they have the area to do that. Commissioner Sielaff asked the petitioner if they will be storing any liquids or is it all solid stuff? Mr. Lilienkamp replied, it is all solid. Chairperson Kondrick asked, what kinds of things, for example? Mr. Lilienkamp replied, they have their scrap metal luggers outside for recycling, engine kids are all metal, cardboard pallets, some wood, and just some metal they use for fabrication. Chairperson Kondrick asked the petitioner, therefore, if they had some serious rain, they would not have any runoff coming off contaminating his site or anybody else's? Mr. Lilienkamp replied, no. Commissioner Velin asked the petitioner, are the cardboard pallets covered or how often do they get them moving? Mr. Lilienkamp replied, every two weeks they are picked up. Chairperson Kondrick stated he drove by this place. He has no problem with this. Commissioner Oquist stated the storage is in the right place, behind the building, neaz the railroad tracks. 26 Planning Commission October 16, 2013 Page 4 of 5 MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNAIVIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:10 P.M. MOTION by Commissioner Quist Approving Special Use Permit, SP #13-12, by Reviva Inc., to a11ow limited outdoor storage, generally located at 5130 Main Street NE. with the following stipulations: 1. Outdoor storage area sha11 be limited to the area requested as part of this special use permit request. 2. The types of materials stored within the outdoor storage area shall be reviewed by the Fire Marshal. 3. If a parking shortage occurs on the site, the petitioner shall install additional parking stalls on site. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 2. Receive the Minutes of the September 5, 2013, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the Minutes of the October 2,2013,Appeals Commission Meeting. MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 4. Receive the Minutes of the September 9, 2013, Parks and Recreation Commission Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Sielaff. 27 Planning Commission October 16,2013 Page 5 of 5 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: 1. Approve Proposed 2014 Planning Commission Meeting Dates. MOTION by Commissioner Oquist Approving the Proposed 2014 Planning Commission Meeting Dates. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURN MOTION by Commissioner Oquist adjourning the meeting. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:14 P.M. Respectfully submitted, � �� Denise M. Johnson Recording Secretary 28 � AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 28, 2013 CRY OF FRIDLEY Date: October 21, 2013 To: Walter T. Wysopal,City Manager From: Scott Hickok,Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution approving Special Use Permit Request,SP#13-12, Reviva Inc. RE UEST The petitioner,John Lilienkamp, Maintenance Manager for Reviva,the company located at 5130 Main Street, is seeking a special use permit to allow limited out�oor storage of steel, engine skids, scrap metal containers, cardboard bales on pallets, � ;, ` ,. , �� ,.,�,�, clean engine components and a roll-off . Outdoor " – , . � . �,i � storage container in the side and rear yard , Stvr'age Area. ¢�,, �,� �yt � � � ' F of the property. "� . x+ `'' . , : _ —_,__;�v `� � • t :r ¢ s„q City Code allows limited outdoor storage in , � " "'` '� A � � �'�" the industrial districts with a special use �'� � � - '� k. $�`. f� a permit that is up to 50%of the buildings �� Y�mm r '_°�`' y� footprint. The existing buildings square i: �� ° . ` _ ; �� footage is 65,958 square feet,so City code ;; � ��': �r . � �� "" 3��f�� `�°`� 1" � �. �,� ,� t � would allow up to 32,979 sq.ft. of outdoor �� <� ��- � `� -� -�-. ` ��?�"�:r�� 1� �� '..`- }a'1Y�S� �1�1�� 4 m�1'(' e'r # ��a� ��: storage on this property. � �` � � ,:� � . The petitioner would like to continue to '�_ �, ' _ �� '�' have outdoor storage along the west and . �'� _ �" � . �� `��. south sides of the existing building. The J. �•` ' ._ „ ` �� `°- ' _`;5� :� area will be used to store steel,engine skids,scrap metal containers, cardboard bales on pallets, clean engine components and a roll-off storage container. The total square footage of the outdoor storage area is 17,180 sq.ft,which complies with code requirements. PLANNING COMMISSION RECOMMENDATION At the October 16, 2013, Planning Commission meeting,a public hearing was held for SP#13-12. After a brief discussion,the Planning Commission recommended approval of Special Use Permit,SP#13-12, with the stipulations as presented by staff. THE MOTION CARRIED UNANIMOUSLY. 29 PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS If the City Council approves the proposed special use permit, staff recommends the following stipulations: 1. Outdoor storage area shall be limited to the area requested as part of this special use permit request. 2. The types of materials stored within the outdoor storage area shall be reviewed by the Fire Marshal. 3. If a parking shortage occurs on the site, the petitioner shall install additional parking stalls on site. 30 City of Fridley Land Use Application SP#13-12 October 16, 2013 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Physical Characteristics: Reviva Building, hard surface driving and parking areas, John Lilienkamp and landscaping. 5130 Main Street NE SUMMARY OF PROJECT Fridley MN 55432 The petitioner,John Lilienkamp, Maintenance Requested Action: Manager for Reviva, the company located at 5130 Special Use Permit to allow limited outdoor Main Street, is seeking a special use permit to allow storage limited outdoor storage of steel, engine skids, scrap Existing Zoning: metal containers, cardboard bales on pallets, clean M-2 (Heavy Industrial) engine components and a roll-off storage container Location: in the side and rear yard of the property. 5130 Main Street NE SUMMARY OF ANALYSIS Size: City Staff recommends approval of this specia/use 217,364 sq.ft. 4.99 acres permit, with stipulations. Existing Land Use: Limited outdoor storage is a permitted special use Industrial in the M-2, Heavy Industrial zoning district, Surrounding Land Use &Zoning: provided specific code requirements are met, N: Industrial & M-2 subject to stipulations. E: Residential & R-1 CITY COUNCIL ACTION/60 DAY DATE S: Industrial & M-2 City Council–October 28, 2013 W: Railroad Tracks & RR 60 Day– November 11, 2013 Comprehensive Plan Conformance: � �' � ,��•*-* — ' �� ' �°. �� . Consistent with Plan ' ,� � ' ��f �f � ...a �- ^�� `��",��;�� Zoning Ordinance Conformance: �� ' � ,� � �� w�F' �a� �`� �� ,�� ' � Sec. 205.18.01.C.12 requires a special use � `` � ; � �� - �: �R r : �� permit to allow limited outdoor storage. �,` �� ,� �"' _' , �`�'�� ` x Zoning History: ��t �'��,�� f` �f? ��` �f .�� 1941–Lot is platted. � � ��` � �� : _ � ,� ��'�ir`' �� 1961– Building constructed. ��f� „,� � � � ��,�,�."'"�� 1976–Buildin addition. �� ` '� "�" �� '� ��-� `�` �`� g � �� ,'_ �� .� a�� d � 1987–Building addition. �� "�,�� ,��-� � �_��,�� a��='�� 31 �fislx iH'M ��.�� H �tN1 �� "Y��r 1996– Building addition. `� �� ;�"��' � M �, � ��r� ;. Legal Description of Property: � ,� � ` � - �� . � r �� That part of South 320 feet of Lot 4 � �� . �� `��'��'�� - .� �,� Auditor's Subdivision No. 79, lying East of a , � "a.� ; ` � 3�� ' � �� line 361 feet Easterly of the Center line of � �; � ��rv�� ,� - ,;,� r BNSF Right-of-way; except road, subject to 'I �; �'4 '� � �� w"1�„ � ,�,�� ;� . �; � ��.�.-��.� �� --6, easement ot record. Aerial of Property Public Utilities: Staff Report Prepared by:Stacy Stromberg Building is connected. Transportation: The property receives access from Main Street. 31 Land Use Application Special Use Permit #13-12 REQUEST The petitioner,John Lilienkamp, Maintenance ,,, � "" '"' '"' Manager for Reviva,the company located at 5130 ! w, nu � Main Street, is seeking a special use permit to allow „„ ,; limited outdoor storage of steel,engine skids,scrap ,,,, ,W �;�"�ww,�� metal containers, cardboard bales on pallets,clean ' �� ,� engine components and a roll-off storage container ! '°" '"' "° in the side and rear yard of the property. � '��"` t = ' '"' '"' w� � ,;x� z .. ,.. .. [- K 4 HISTORY AND ANALYSIS t ��,��"� �'�:�� ; ,,,a £ �„ „„ ; � �� The property is zoned M-2, Heavy Industrial as are ��'��:=� Y �� - .�. the properties to the north and south. Residential �m , "" ` � � � properties are located to the east and the ' '"' "' "" Burlington Northern Santa Fe(BNSF) railroad is ,� �, w, located to the west.This property was developed ��• ,�-•��•.��. with the construction of a building in 1961. There � W =• �» u. „ have been several building additions since that time. This summer,the City's Community Development Department hired a Code Enforcement Intern to do systematic inspections of our commercial and industrial properties. As a result, many of our industrial businesses will be coming before the Planning Commission and City Council for special use permits for outdoor storage. This special use permit request is � �' one of those that came to staff's attention during _ _ ,,� those systematic inspections. ML `� � ; � • � i ° City Code allows limited outdoor storage in the �� < industrial districts with a special use permit that is up to SO%of the buildings footprint. The existing � buildings square footage is 65,958 square feet,so �..�.» City code would allow up to 32,979 sq.ft. of �;-.:: ''� outdoor storage on this property. � The petitioner would like to continue to have � .. ° � outdoor storage along the west and south sides of the existing building. The area will be used to store steel,engine skids,scrap metal containers, cardboard bales on pallets, clean engine components and a roll-off storage container. The total square footage of the outdoor storage area is 17,180 sq.ft,which complies with code requirements. Before the proposed special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. 32 Based on the calculations provided to the City by the petitioner on how the interior space of the building is used, City code would require 150 parking stalls for this site. There are 132 parking stalls striped on site,with room on the northwest side , �., of the property to strip an additional ' i outdoor � p –� � ..+ I �'= 15-20 stalls if more parking is needed. �StorageAr�a . �' ;�;ifi '�'° � �, + � � Staff hasn't noticed that parking has ''� ' �;_� ;:; �� . been a problem on this site, but will ;`=y �� ,;' - ,zy,,�# ; , w� stipulate that if it does become a :- " � problem, additional parking will need „� { , ''D ' � � i�� r to be installed. Y� � ��''�-�?(��"� ��) �•� � L�` .nz,.� _ _��~ t '' !, The storage areas are located right ; ;�;��F.�,� • ,, �� a,<,�;,�,��r4�� ,�� behind the west side and south side i �' �'� � � �� `� �° � ' `- � �- ..�,��'�K��: ,�:r� �+�a�� . of the building,therefore screened ^�� "'�"�'�'"�'�''"'��` ��'`� x '�'i�� ' �� from the Main Street public right-of- �� d,� way. The outdoor storage area is also �•{ � � � r ;' fenced in with a chain link fence with � .^ ��' �.,,t�� screening slats,screening it from the J; '`,�*� , —: �;� � BNSF Railroad tracks. The petitioner is meeting all of the other code requirements to allow a special use permit for limited outdoor storage. RECOMMENDATIONS City Sfaff recommends approval of this special use permit, with stipulations. Limited outdoor.storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met,subject to stipulations. STI PU LATIONS Staff recommends that if the special use permit is granted,the following stipulations be attached. 1. Outdoor storage area shall be limited to the area requested as part of this special use permit request. 2. The types of materials stored within the outdoor storage area shall be reviewed by the Fire Marshal. 3. If a parking shortage occurs on the site, the petitioner shall install additional parking sfalls on site. 33 RESOLUTION NO. 2013 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 13-12 FOR REVIVA ON BEHALF OF DEALERS MANUFACTURING COMPANY,THE PROPERTY OWNER FOR THE PROPERTY LOCATED AT 5130 MAIN ST NE WHEREAS, Section 205.18.O1.C.12 of the Fridley City Code allows limited outside storage in an M-2 zoning district by a Special Use Permit if certain conditions can be met; and WHEREAS, on October 16, 2013, the Fridley Planning Commission held a public hearing to consider a request by Reviva for the property generally located at 5130 Main Street NE in Fridley, legally described as That part of South 320 feet of Lot 4, Auditor's Subdivision No. 79, lying East of a line 361 feet Easterly of Center line of Burlington Northern Railroad Right-of-Way (as measured at right angle); except road; subject to easement of record, for a Special Use Permit, SP#13-12 for limited outside storage; and WHEREAS, at the October 16, 2013 meeting, the Planning Commission unanimously recommended approval of Special Use Permit, SP#13-12; and WHEREAS, on October 28, 2013,the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions approved by the City Council on Special Use Permit SP# 13-12; and WHEREAS, the petitioner, Reviva, was presented with E�ibit A, the stipulations for SP# 13-12 at the October 28,2013 City Council meeting; and WHEREAS, on October 28, 2013, the Fridley City Council approved the outdoor storage location as represented in Exhibit B to this resolution, as the only location where outdoor storage can exist on the subject property; and WHEREAS, the petitioner, Reviva, was presented with E�ibit B, the site plan depicting the outdoor storage location for SP# 13-12, at the October 28,2013 City Council meeting; and WHEREAS, City Code Section 205.OS.S.G requires the City Council to revoke SP#13-12 after conducting a public hearing, if upon conclusion of that public hearing,the City Council determines that the property owner has failed to comply with the stipulations set forth in the attached Exhibit A and all costs incurred by the City during the revocation process may be assessed to the property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special Use Pernut SP# 13-12 and stipulations represented in Exhibit A are hereby adopted and the outdoor storage location depicted on Exhibit B are hereby approved by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28� DAY OF OCTOBER,2013. 34 SCOTT LUND-MAYOR ATTEST: DEBRA A. SKOGEN- CITY CLERK 35 EXHIBIT A SP# 13-12 Special Use Permit for Limited Outdoor Storage Reviva—5130 Main Street NE,Fridley,MN 55432 Stipulations 1. Outdoor storage area shall be limited to the area requested as part of this special use permit request. 2. The types of materials stored within the outdoor storage area shall be reviewed by the Fire Marshal. 3. If a parking shortage occurs on the site,the petitioner shall install additional parking stalls on site. 36 ��viva 5130 MAIN ST. NE 7134 Sa ft. � � 44.460 SQ ft North � � � � .........;�� ` .�.. ........................................................ ...................................... .....,............ ........ ........................� ( � � �T � � � , i �216' 1� � � � � �, �, i � _ ' � � s O 1 �� or � 75� � �ss� sa� MAtN ST � 1 1 ( �� sT -�► i ar � �--i r. ��y i : i i �� : � ��.�� i _ � � 3l5' � � �� 20' � � � � ��°� �.`a �� ,��,.,4;� � ��3�� 1 1 � , �., � ` � � ��r �r �� , : � � ; � � � �1 I �_ .,. y ��L.W_ ,.. � � ' — I � � 1 1 ' , __ �, � x ss• � Gd � � �=s�xtt�> � sa� � H m � a� � b� ......... ... . ..._.. ........................ ��t�. ........................s�es.�.�.......................................................�........_..................................................,.......................................� I , , I I � � I I � , ...... Property line FaCill#y =65,95$Sq.' Parking lot OUt3ide,Stot'age�re8=17,180 sq•' Oadc�s 4 a24 , , $q, -�--- F�^� Lot=228,541 sq.' ___� ciry stree� Lot acerage=5:25 _� su��+�n9 Manufacturing space=40,436�q. ' Handicap Ramp '{�� a;��,� � AGENDA ITEM ��F CITY COUNCIL MEETING OF OCTOBER 28, 2013 FRIDLEY Date: October 24,2013 To: Walter T. Wysopal, City Manag From: Scott Hickok, Community Development Director Julie Jones,Planning Manager Kay Qualley, Environmental Planner Subject: Resolution to Approve a LCDA TOD Grant Agreement with Metropolitan Council Background Last December,the City of Fridley was awarded a$100,000 Livable Communities grant from the Metropolitan Council. City staff had applied for the grant for the purpose of hiring a consultant to aid in developing a redevelopment master plan for the portion of the Northstar Transit Oriented Development (TOD)Zoning District that is also land designated to be included in a future Transit TIF district. This land area includes parcels west of Main Street over to the Mississippi River between the Northstar train station and the freeway. Staff's excitement over receiving the grant was quickly halted when we saw the grant agreement stated that the project area could not provide for the alteration of any regional park lands or trails. With Island of Peace Park(which is considered to be part of the Riverfront Regional Park by Metropolitan Council in order to obtain Federal funds)part of the grant project area, staff hit a roadblock with Metropolitan Council staff. Although staff explained that the pazk would only be expanded and improved in the master plan,the Metropolitan Council staff stood firm in the opinion that LCDA funds could not be used for park planning purposes. Determined to still be able to move forward with the project,Fridley City staffmet with Anoka County Parks staff to explain the objectives of the project—to redesign the park to wrap around the surrounding redeveloped areas of multi-family housing and provide clearer access to the Mississippi River,accentuating the amenity the River provides this area to spur future private redevelopment. The County shared the City's vision and a deal was worked out to split the cost of a mini-master plan for the part of the project area including park land.A contractor was found and developed a suitable plan within the$5,000 maximum budget agreed upon.Most importantly,after seeing the park concept plan,the Metropolitan Council now understands the City's vision for the area and has given approval to move ahead and complete the project. In order to obtain the grant funds, City staff needs to contribute at least$25,000 in staff time as in-kind contribution to the project. While that did not appear significant a year ago,now that there is only one year left to complete the project,completion of this project will need to consume a high percentage of staff time in 38 2014 to meet the match requirement in just one year's time. Staff cannot document our�n-kind contributions to the project until the attached grant agreement is approved by the City Council. Recommendation Staff recommends that the City Council approve the attached agreement by resolution,which authorized the City Manager and Mayor to execute the agreement. 39 RESOLUTION NO.2013- A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A METROPOLITAN LIVABLE COMMUNITIES ACT GRANTAGREEMENT WITH METROPOLITAN COUNCIL FOR THE COMPLETION OF A NORTHSTAR TIF MASTER PLAN WHEREAS,the City of Fridley has special tax increment district creation authority for a portion of the Northstar Transit Oriented Development(TOD)Zoning District for the purpose of fmancing infrastructure improvements to support greater access to the Fridley Northstar Commuter Rail Station; and WHEREAS,the City of Fridley has created the Northstar TOD District for the purpose of encouraging redevelopment and creation of new housing opportunities,mixed-use development, and greater density that supports multi-modal connections to the train station; and WHEREAS,Minnesota Statutes sections 473.251 and 473.253 establish within the Metropolitan Livable Communities Fund a Livable Demonstration Account and require the Metropolitan Council to use the funds in the account to make grants or loans to municipalities participating in the Local Housing Incentives Program under Minnesota Statutes section 473.254; and WHEREAS,the Metropolitan Council has established a LCA Transit Oriented Development program to help leverage the metropolitan area's public investment in its transit infrastructure; and WHEREAS,Fridley is a municipality participating in the Local Housing Incentives Account program under Minnesota Statutes section 473.254 and has been awarded a LCDA TOD Pre-Development grant by the Metropolitan Council; and WHEREAS,the Metropolitan Council awarded the City of Fridley Livable Communities Demonstration Account Pre-Development TOD Grant Program funds subject to the terms of the grant agreement in Eachibit A; NOW,THEREFORE BE IT RESOLVED by the City Council,that the City of Fridley enter into the attached grant agreement with Metropolitan Council to complete a master plan for the Transit TIF portion of the Northstar TOD Zoning District; and BE IT FURTHER RESOLVED by the City Council,that the Mayor and City Manager be authorized to execute the attached Grant Agreement for the above mentioned project on behalf of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28th DAY OF OCTOBER,2013. Scott J. Lund-Mayor ATTEST: Debra A. Skogen-City Clerk 40 1)I�;tiif)�ti 11Z.� i l�)"� :�5."+('tll�'ti`1. PRT.-U�,V�:L�[J�RMEN'1' t;�tAN1' PItUG�tAM TRAN�iT URT�i�TEU DEVF.LC)PMFI�T{TOT?) PRUGIIAl�i CRANTEF; Cit��of F�•id1e�� GRAN7`1V0. 5GU12-131s �'t2fl,IF1CT: iVarth�arTl�Mast�r I'i�n GRANT A1Vlt)i)NT: SltN1,A00 FUNDING CYC"L,F: 2012 CnLl1YGIL ACTIUNs Decembcr iZ,2�)12 EXAIEtATIUN DATE: Uecen��r 31,2Q14 METROPl7Lt't'A1�1 LI'�ABLG GOMMUNI"I'IF:S A�."�' C�RANT AGREF.MEI+�IT T�IIS GItANT AGR�EME�1T {"A�re�;m��t") is madc: �nd cntercd intti hy #he Nietrupolitan C�uncil ("Cauncil") and the Nlunicipality, County or D�:velopment t�uthori�y idc�nti#ied abovc as "Grantee." WH1�;t�F.AS, Mi.nnesota Statutes section 473.251 cr�at+es•the Metrvpolitan Livablc C+�mmunities I�und,the uses of which funci mtist be consistcnt wiih anci promote the purposes af thc;Metrapolitan I,iv�ble t'ommunities Act ("LCA") and the policies of the Council's Metropol:itan i)evelUpment Ciuide;anci WHEIZEA�, I�Iin�iesoia St�tutes sectios�s �t73.251 and 473.253 cstablish withix� tl�c Metr�politan L�i vabl�C'oirmiuni�i�s��unci a t,ivabl4{'ommwiitics Demanstration Accc�ur�t a�ici rcc�uirc th�Cwuitcil to use the f'uncis in the account to muke grants �r loans to inuni�ipalitics participatin� in t#�c Local �IflilSitl� tncentives �'rograna under Minnesata SlAtU1�3 SeCtlQil 473.25� or tn C�ot�ties or I�viic��rmcni Authc�rities t� fund the� initaativ�s�}�eeifed in tviinncsota�tatutes sectian 473.25{h) in I'artic'cpating Municipalities;and WHF,itEAS,the C'ouncil has established an LGA Transit Oriented Developtnent("'1'QD"��rro�ram to help ltvera�+e ihe metropolitan area's public investmer�t in its transit infrastructur�;and W�TERCAS, thc C.'rrantec 'is a Municipaliiy participating in the l:ocaf E lvwsing 1n�entive� Ac.caunt pr�grnm under Min�esc�ta Statutes section 473:254,a County or a Deveiopm�nt Autht�rity;anel WHEREAS, the Council allac�ted a pariion of its Livablc C��u��ikies Deir�ar►stratiori Account #'uns�s tc� a pre-cievelopment Tt}ll �r�nt pro�ran� t� help Municipalitics im�lefnent c�trimunity ctevtlopmeni objectivcs and com�rehensive pl�n cc�mponents t3iat pramote high-clen�kty, mix�d-use clevelo�m�nt adjacent ta transit stalions usin�pc,.dest�-ian-friendl�desi��st�ndartjs;and WI-f�;REAS,the Cira�tee seeks fundin�;in c�nnretion with an a�pliGatio� �'or Livable(:c��tr�nunities I:)c;ntc»istraiion ticcaunt Pre-nevelopn�enl 'I'f)'i)Gt��t PrU�ra#n funds su�tr�iited in respc�n�e to the Cauncil's noiice af availability c�f�rtint funcls fi�r thc"rrzndin�Gycle"identifi��abc�ve ar�d wili use thc grant funds made available und�r this Agreemcnt ta help fund thc "Prc•Devclo�ment 1'QD Project"within the"1'roject Area"�.s describ�d in the ap�licatiou;:and Pu�e ! c�,f 1(I Pct�;�.s � 41 1:)t�:11()�!�'1`!t:\"!'1tl\ :�t'('()l�i�`!� PRF.-I)FVF,I,C3PMFNT GI�ANT P1�itl+GKA1M+i TItANSIT ORIF.NT"ED �EVELOPMENT(TUI�j P�t.4GRAM WHEREAS, the Grantee represente.d in its applicativn ihat certain land use gttidelines or official controls and other required thresttold criieria wcre in place at the time of the application ar that certain land use guidelines and official controis and other required thxeshotd eriteri� would be in place within thirty-six(36)mouths firom the date of thie"Council Actior►"identified above;a�d 1�V�E�AS, the Cour►cil awarded Livable Comrc�uniti�s Demonsiration Account Prc-De�elopm�n� TOn Gr�ni Program futids to the Gra��tee subject ta any t�mrs,conditions asid clarifica#ions s��t�d in its Co�ncil Aetio�,and with the unders#anding th�t the Pre-Develvpment TOD Project described i� the application wili proceed to eampletion in a timely mariner, that al� gi�nt funds wili be expended prior to the "Expiraii�n �ate" identified above, and that the land use gurdelines and o�'ficial cflntrois and other r�quircd threshold criteria idea�tified in tl��e �rante�'s application currerrily ate in place or vuiil be i�p1ACe as stated in the Grantee's appltc�tian. NOW T�lEREFOI2E, in reliAnee on the above statemenis and in consideration of the mutual pro�nises a�id covenants c9ntained in this�greement,the Crrantce and thc Council agrce as follows: I. I3EFIlY�TIOIYS 1.01. Uef:nitian of Terms. The terms de�ned in th�s scetion havc th� meanin�s biven th�m in this scctiqn unless oihcrwisc provided or indicated by the contcxt. (a) Gouncil Action. "Council �ction" means the action or dc.�cision of the goveming t�ociy of ihe Metr�po}itan Coumi}, on the crmeeting date identified at Page 1 af this Agreen�cnt, by which the Gra��tee was awarded Livable Cornm�uiities lleino�istration Account Pre- IUe�elopmcnt 7'OD Grant Program funds: (6) Corsnty. "County"means Anaka, Cacvcr,Dakots,lIenncpin,Ramsey, Scott and VtWashingioi� Couiities. (c) Develr�pmetzt Aul/inr�ty, "Developmen€Autharity" means a statutory ox home rule charter city, a housi�►g and redevelopment authority,a.�econ4mic devc�c�p�cnt authority,ar a port authority in the Metrapolita��1rea. (d} Futur� Tlll°J�Development Project. "Future 'COD Devel�prnent Project" me�nss the future TOD develc�pment project described in the Grantee's appiicatian for Demonstration Aceount Pre-Developrr�ent TOD �rant Program funds that throu�h its design and ex�eution wil] delaver be�iefits such as hausing, cotinections, andlor jobs ia the region: The Future Developmen# TOD Project far which the �ra�t funds wer�e avvaraed must be undertak�n within the Preject Arca. The Future TOD I?eveloprnent Project may recognize or acknowledge regional par[c lands and regionnl trails that cross through or gre located adjacent to the Froject Area, but the Pre-veve�opment 1'OI� Projec# n�ay not include regional p�rk lands. (e) Metropoli�au Area. "Metropolitan Area"means the seven-county metropotitan area tu def ned by Minnesaia Statutes section 473.121, satxlivisian 2. Pag�2 of J0 Pages � 42 � �ll��:�li)\;�;"t'a�:� i�14)'ti �1(.��t)!'�1'1' PRE-DE'1'F,I.OPIVi�NT CRAi�T PRCIGRAM T��i�TS�T OR[F,I�ITF��V�:L(�7►PMEN1'{Tt)D) PR�C:ItAMt (i) Munici�Ality. '`Municipality„meuns a siatutory or h��e rulc rharter city or tow�n particip�ting in ihe I:ocal I-�ot�si�g Ince;ntives t1�ca+�nt�'rugra�n under Minnesot�Stz�tut�s sectic�n 493.254. {�} Named '1'(7D Area. .`N�neci '1'(�D I�r��'° �iieans �i�re :i`OU Hrea ida�ntifie�! hy �ame and lt>catic�n in the Gc�ntec's applieatit�n i'ar 'fOJ3 pragr$zn f�ands and iia the Pre-Ucv�:lopment TOI?Project Summary att�ched to this Agrcement. (h) participati►rg Municlpa�llty: "Aartie3pating Municipality" rn�ans a statut�ry or hoar�e rute ehaner city ar town whic�i h�ss elc�tcci to }aartici�rate in th�e Local Hc�using I��ec�itivc Account �rograni a�d negati�ted �i'fordabl��nd lifc-cyc�c housing goals for the Ivluniaip�Iity pur�uant to Mi�nesata Statu�es section 473.254, (i) Pre-�eve/ap�e►c1 TQD Pro,jrcG "I�rc;-Devclo�mcnt "T011 Project" mc��►�3s thc �r�nt-fundeti activii.i�3 for which ft�n�in�; is reyucsted in thc Grantee's application Cur T�ernanstration flecounl Pre-Developzn�nt 1'UD Granf T'mgrum funds: (j� Yraject Area. "I'rojeet Ar�:a" means the sp�c:ifie geographie area within whieh thc I�uture T+DD Deveiapment Project rnust bc undertaken and within which t�he Pre-Deveiopment TOD Prnjcct will b�condueted as descrit�ci.in the Grantce's application. The Pmject Are� rni�st be loeatcc� within a "d�velaped arcta," A "d�velaping area," OI' & "TLIT�II bCOVVI� C�iltE'C" aS those t�rms arr� deiined in tM� C�usicil's Metrapc�litan Develo.�n��nt Cruicic. The I'roject Area cannot include regional park lands. 'I'I�e I'rUjt�et Area may inc}udc resional trails that cross tIu•ough or arc locaCcd adjaceni to thc 1'roject Are�, bui n�iiher the I�uture TOD t)�vclo�rneni ProJeai nor tl�e Prc-i)e�elc�p�nS:nt 't'{)1) Proje�t may providc for the alteratian �r eiimination of any re�ioTtal park lands ar t�ils. (k} Trnnsit(Irlerrterl Developme�t. "7'runsit�riented �evelopr�nent"means hi�h-d�nsity,mixed- use cie:vc;lupment adjacenl t�transit statians usin�;pr,d�slri�n-Cricndly desibn sian�ards: II, t,RAYVT FUND3 2.fl1. Sourcc 4f Funds. 7'l�e grant funds n�acie avaitable to ihe Grantec under tlus Agreement are !'rani the I.ivable Cor�imunities DemonsUation Account of the Mc�tropc�litan Livable C�mmunities l�ui�d. 'rr�e �-�,t ii�ncls are d�rived i'rom th� prc�periy wx authori��d by Mii�nesuta Stxtutes sectit�n 473.253, subdivisian 1 and are nrsi ('rom fccicr�l saur�;�s. Z.U2. Tutul Grant Amount. The t'UUn�il will };rani #o the Grantee the"C;rant An�ouni"i�ientified r�t �'agc 1 ��t#hi� Agreement. T)atwith.ti�tandi�t� any othcr provision of this Agccement, the Grantec �rnderstands a�id agrees that any reduetlon ur terminatian af Livable C'arnmuniiies [}etnanstration Accou3�t"I'Ull pro�am grar�i funds�n�cie availahle io the eouncit muy result in a tike rcduction in the Cr�ni Amau�tt�n�de a�ailahl�t� the C'rruntt�. 2.03. Local Funding MatcE�, The Grantee musl pxovidc a loeal rt�atcl3 contribution th�t equals at least twenly-five percent (2S%o) of Che Grant Amc�unt identified�t Page t of this A�re�ment. The I�c�r1 n�atch cozztribution m�y be one ar more of the following: cash; in-kin� staff scrvices, if the staff �imc: is speci�rCa�ly allc�c�tte� to canductin�; �r cc�n�ptet'tn� gra�t•e�i�ible Prc-I)e;velopment 'I'(Jll Projcct activities; or castt or in-kittd cflntribt�tians f"rom partners �hat are specifi� to grant- I'c��;c�3 r,f IfJ P�ge� � 43 l)1�:1�tt)1�±�!'1t.��t�it?�' :1t"C`t)l �� F. PRC-DEVEL()�'iVI[:1VT Cl2AN'1' wlttJiGRA11t1 TI�ANSiT OKIF.N7'Ell I)F;VFLUPM�:NT{Ti)1)) 1't2Qt;#tAM eligible ['re-Developri�nt '!'UD Projcct activities. L�aaC match contributions mus! cover grant- el i�ible I're-I)c��:la�anient'I�D 1'roject activities,a«ci they must bc; contribu�eci�ft�r the date oi'the Cr�uncil flctic�n a�td bc�on; the �apirafion Datc identified at Pa�e 1 of ihis A�reeincnt: ?he Iocal r»atch con�ributio�� may be alloc�ted a��non� di1�'Crent grai3t-cii�itai� activities of th� Pre- Develo}�tnent'CUD I'rt�ject_ 2:A4. Authori�ed Use o�"Crant Fu�ds. Thc Grani Amc�unt made a��ailable to tMe Gra�itcse undc;r tl�is Agreem�nt shal! bE usec� oniy for the pur}�oses and a�tiviti�s described in the t��ap�icatior► for Livable Commur�ities Uemnnstrati�ari Account Pre-17eveiopnxent'1'()D Grant Pxo�ram funds. t�Yrc- I3evelopment'I'C�U Project Sutnmary that desGrifi��s el'ibiblc uses of the gr�uar funds as a�prt��cd by ihe C'ounci) is�ttach�cl to tinci incc�rpc�ralec! into this A�;r�ment as �lttac�unr.nt A, Urant funds must be used ta fund the initiatives spe�iticd in Minnesota Staiutes section 473.25Cb), in � Participating Mur�ici�al3ty. 2,fl5. Iaeligibic Usc.4. Gr�nt funds must be used far c�sts directly ussociatec� with the Prc- 17�vel�pmant`I'QT�Project activitics for whi4h the C�uncil awardeci gr�nt t'unds and shall not be usui far: lanci ac�}uisition,cf�.�mo(iti�n, inf�astructure, �r constraction cu�ts;adminisirauve ot+erhead; travel. ex}�enses, f��d t�r beverages;legal fees; itl$I;ltdtiCL';bond�;permits, licenscs or aut�orizatian fees;cvsts associatcd vwith preparing alher grant proposals; aperating cxpenses, oti�er than staff iime used as in- kind local match contribut�ons;pl��ning costs th�t arc not ic�entified as eligible grant-C'unded activities in the 2Q12 T[)D Cir�rn�s �ppliculiorr Guide (t�pdat�d 7/30�12 �c 8/1/l2), incluciing compreher�siv� plarining costs;nroratrd iease and satary costs;and marketing expenses. Grant funds may nvt be used fi�r Pre-ll�vel�pmtnt `1'QU Yroject costs that nccurred prior tfl the grant Award. A d�tailed list r�f ineligibl� and eligibte cvstx is availablc fron� tlYe Council's Livable C'atr�raunities program o�ce: CJr�nt f��nds also shaU not be used by the Graniee or others ta supplant or replace; (a) �rant or Ioan fun�is ubtAined fc�r the Fre-T�velnpme�t'i'OD Pra�ec� libm other sc�urces;ar{b)Urantee contributiuns lo the Pre-Devcloprneni T(3ll Prc�ject,including financia)assistanec;or oihcr resaurces at'the Graniee. '1'hL C�uncil shall bear no responsibi}ity for cust overruns which may bc incurred by the Cirante�or otl�ers it� the implemc:ntation or performancc of Che Yre-D�vclopment TU1� Yroject ac;tivities. Tlie Gr�ustec�a�rees to coniply with xny "business subsidy" requiremGnts af Minnesoca Statute.ti sections t 16J.943 to 1]6J:995 that upply to the tirar�tee's�xpenciitures or u��,5 Uf thc grant funds, 2.06. Restrie#ions en Loans. 'l�e Grante� shail nat use Chc grant fi��rds io ma3ce loans to any sub�,�ant�e c�r subre�;i�ient, ai�d ihe Grantee sl�all not pernyit any �ubgra«t�e or subrt;�ipient to use thc �rant iu�ds for loa�as to any subrecipient at any ti�r. 'Ihe r�quirc�ents of this Sectiun 2.4b sh�tl k�c included in ail sub�;rant a�iei sut�recipi�nt agreerncnis. 2.07, P�•e-1)cvelo�ment Tt)D Project Changes. '1'he <'rrantec n�ust promptly inft�r►n the Council ixi �vriti�t� of a�iy si�iiificant changes t� the Pre-Development '1'nD i'roject a�iivitics dcsrribed ir� Attacl�mer�t �1. Fsilure to infarm the C�uncil of a�iy �igtuficant chan�c4 to the Pr�-l3evc:lopment TO[� Pmjeet c�r signi�cant cha»gc�s to grant-fundcd Pre-nevelopmeiti 'COD Prtfjet;t aciivities, �nt� t�sc of grant fand� for ineii�;ilsle c�r unavtharirxd purposes, will jca�arcii�c the Grantee's cligibi�ity for future LC1\ aw�rcls, Grani Funds will nat bc disbucsed priar t� Council a�rproval c�f signifcani chang�� t� tl�c Prc•Uevclop[n�nt 1'tJll Project oi• 'Ch� �rant-func�ed acti�vities descritsed in Attachment A. Pcrge �1�f i0 Pu�es � 44 I)l�:�1().`1�+'� i+C,1 ! 1!)� .1{"( tll 1'! PRF-flF,�!#�'.1�Q�'MF.N`t'f:RAl�T FRflCRANi T�ANSIT OKtEtY`t'E� UE�'�i,4!'ME�V"t'{TOD) #�ROGI�AlVI 2.t18. Budg�t �ariance. t� varia»ce c�f tt��cnty perc�nt {2�%0) in the buc#�et am�unts for .�rant- f�xnded activities idcntified in Attachment 11 shal! bc considered accepiablc without Councii ��r�v�l, pruvicleci n� budg�t arnount for any individual �rant-€undcd activity may be itacrcased or �ec:c�ascci by mUre iha�� twenty percent (Z{�'/o)froan the budget amaunt identifiw�d iri Aitr�c��ment A. E3udg��t v�riat�ces �n� individual �r�nt-func�+�ii ac.Kivity ic�entified in Ai#achment A excce�iing iwenty pc;rce��t (Zt�%) wi11 requirc Council apprc>val. Notwithstanding the sggregate or nct effect of any varianC4s, the Cc�uncil's obligaiion to provade�rant funds unc�cr this Agreemer�t shall nUt exeeed the Cir�nt Atnuunt i�lenti�ed at Page 1 c��1hi�A�rc:.emc;nt. ZAg. Lass vf Craat Funds. T11e Grantc�e�grecs ta remit to the Caun�il i��a prompt niu�ner: any uns�ent �rani funds, including any �rant Cunds that are nat expendeci prior to the F:xpiration Date i�fcntificd at I'�ge 1 of this t��reement; �ny �rant fands f�at are not uscd far thc authc�rized purp�sc»s; ar�d An� interest ear�iin�s ciescritsc;ccl i�i S�cti�n 2.1 I that ane not us�� 'or the purposes of impl4Ytnenting Yhc grant-funded Pre-I3evelopment 1'C?.D PrUject aCt.ivitie5 c�esi,:ribed in A�tachment A. }�Ur the: purposes of this A�rcern�nt, grant funds are "ex�ens�ed" pric�r tc�thc F'sx�irati�n l)ate if the Grantee pays or is obligated tvpay !'ur txpenses c�feligible�;rant-funded Pr�:-Uev�;lc�p�neni'TOD Pcoject activities that accurred priar lo the Fx}�iratio» Date and the rligiblc cxpcnses arere incurr�ci prior t«ih� i:xpirati�n I�ate. Unspent �r unused grant funds and other funds r�mitteci ta the C'ouncil shdiJ revcrt tc� thc ('ouncil's I,ivabls GOninlilalitie5 I�mODStt�ttiol] f1CCOwlt �UT di5tPi�utioJl thl�UUgh Ap�licatioy��rocess�s in fu#ure Hwtc�i'ng Cycles ar r�s othcrsvis�permittt�d by law. 2,10. �'aya�eut Request Farms and I�is#arscments. The Coi�ncil will disburse graqi funds in res�oiisc to written payment requests sub�nitteci by !he Grantee and r�viewe�l anc� ar�rovecl by the ("auncil's nuthorized agent. Written pay�i�en# rc:yuests shail be �nad�; using gaymeat reqt�est forn�.s, the forn� �nJ c�ntcnt of which will be deY�rmir�ed hy ti�e C;c�uncil. I'ayrtj�nt rcque��t and �ther r�pnrtinb forms wilt t� prouideci tc� t}�e C;rantec by !hc Couneil. '1'h� C�uncil will c�isb«rse �rant f:uncis vn a reimbursement basis or a "cost incurr�d" basis. The Grantee n�ust pravidc witl� its vvritten payment rec�uests documentat�on that si�ows grant-eligible Pre-Developmcnt TUT) Pcaject activitics (�r e�ni}��ne�its of grant•elagibte�ctivities) acivatly havc been con�pleted. 'fhe G�antee rnust}�muicic cic�cumcntatit�n��f th� lacal m�tch c�a�iribution required u�c�tr Sectic�r�2.O;i. Subject to vcrificatioa of each paynie�it request Cc�rrc� (and its documentativn) �nd �pprov�l fvr �Qnsist�ney with this 71�reenjei�t, the Cou�cil wili disb�rsc a rcquesicd a�nount to the Urantee within two (2) wecks after reeeipt af a properly compl�led ancl verified paymeni rec{uest form. 2.11. [nterest Farnings. If thc Grsntee carns t�ny intcrest ar other incomc fram the grant tiinds reccived fruin the t;�uncil unclee this A�ceement, thcs Cirar�lee will use tl�e interest earttin�s ar income unly far the purposes of im�letner�tinb thc Pre-I?cvelapment TC1D Praject activities dcscribed in tlttachmeni A. tiC. ACCOUNTING,AIJDl`T AND REPORT REQtI11�tYtENTS 3.01. Arcoun.ting and Records, 'I�he Grantee Agrecs to establish and m�unt�in �ccurate and cc�mplete accc3unis tmcl records relating to ihe rtceirii anci expenditure of all �rant funds reeeived fron� tlic Cauixcil. Natwi#tlst�iiding Th�expiratiun and tertnination pr..c►visic�ns a1'S�ction�4.01 and 4.42, such accaunts and r�cards s#�ll be lcept and maintained by the Graniee f�r a pc:riad of six (6) ye�rs folt�rwin� ihe cvmpletic�n af tht Are-Developmeni TOD Project ac,�ivitiu�s ctescri6ed in �«g��s�r ia��,x�� 45 1)1�:11():1�;"l'1�;1�(']();i :kt'(.'��t'1�1� P��-REVELCIPMENT GRAN1'l'ROCRAM 'I'ItAIYSiT {3RICNTFU DEVELOP;MENT(TOD)PRtJCR�M Attachment A or six (6j y�ar5 follawing the exgenditure of th� grant funds, whiehever occurs earlier: Aecoun#ing methals shali be in accozc�ance with�en�rally acsepted accounting principic;s. 3.U2. Audits, Th�above ac�ow�ts and records of the Grantee shall be audited in the st�me manner as all otHer accounts and records of the Grante�are audited and may be audite�i or inspe�ted on the Grantee's pr�mmises or other�vise by individuals or organizations designated and authorized by thc; Cauncil at any time, following reasonable notification to the Grantee, for a p�tiod of six{b) years fallowi�ag the completion of the Pre-Development"1'OD Pro�ect activities or six {G)years followin� the expenditure of tlie grant funds,whichever occurs earlier. Pursuant to Iv[innesota 5tatutes s�ction ib�.05, s�.aabc�ivision 5, the boaks, records, docaments �nd accounting procec�ures and pr�ctices of the Grr�ntee that are�elevant ta th+s Agreerneni sre subject to exaxnination by 1he Council and either the Legislative Auditor or the 5tate Auditor,as apprapriate,for a minimum af six(6)years. 3.03. Rc�ort R�qnirements. The Gran:tec will repart tv the Council on the status af the Pre- Devel�apment TUI? Project activiti�s describ�ed in Attacb�mer�t tk, implem��tion c7i'the land wse guidelincs and o#�'icial controls and t�thcr requ'tred t�reshold �riteria id�ntified in the Grantee's application, and the expendi#ures of grant funds. 5ubmission of property completed payment request forrns (r�ith proper dacumentation� re9uircd tuidcr Section 2:10 will constitute periodic status repc�rts. Iiowev+er, if the Grant�e h�s not subrniltecl any paymeni rey�est foxm� during the �rst t3�ree rnonths of the term of this Agreement,t�e Grantee niust subn�it qu�rtrter}y reports prior to the Grantee's first dra�request. The Grante�alsa must complete and submit to th� Council a grant activity closeout report. '1'he closeout report form must bo submitted within 120 days after the expiration ar termination af this Agreement, whichever accurs earlier: Within 120 days after the l;xpiration Dat�, ilie Granl€e must c�mplele tu�d submit tv lh� Cvunc:il a certificution of expenclitur��;uf funds T�rm �igned by tl�e Grantee's ch%ef financial officer or finance director. Thc form and conteni of ihe eloscout xeport and the certification form will be determined by the Council. These reporting requircrncnts shall survive the expiration or te�tnination of ihis Agreement. IV. AGREEMENT TERM 4A1. Term. This Agreement is effective upon exacutio� of the Agreement 'by the Council. Unlcss tern�ina�ed pursuant to Section 4.02, this �lgreement expires on ths "Expiration Date" identified at Aage 1 of this Agreement. Notwithstandin� Section 4.�3, the two-year term of this Agreement may not be extended by amenc�na�nt or otherwise. ALL GRANT FU1tiTD5 NOT EXPEI!+TDED BY THE GRANTEE PRIOR TU THE EXPIRATI�N DA'I'E SHALL REVERT TU �c�vrvcr�. 4.Q2. Terminatio�. This Agreement may be t$rminated by the Counc�l for cause at any time upon fourteen(14)calendar days' written natice ia the Grantee. Cause shal�mean a material breach of this Agreement and any amendmer�ts of this Agreement; If this�grectnent is terminat�d.prior to the �xpiration Date, th+� Grant�e shall receive paymeni on a pro rala �a.sis for eiigible Pre- Developm�nt TOD Pro�ect activities described in Attactiment A that have been compieted p�ior to - the terminativn. Terminalion of this Agr�ement dc�es nat alter the Council's awthority to recov�r grant funds on the basis of a Ixter audit or other review and does not a(ter ti�e Grantee's ottligation ta retum any grant funds due to the Gouncia as a result of later audits or ct�rreetions. If the Cauneil deternlines th� Grantec has fail�d to coinpty with the terms and conditions �f t}ais �lgreement and the ap.p�icable provisions of the Metropolitan Livable Commurrities Act,the Couneil map take any 1'a�;e G qf 10 Pag�'s � 46 ��•:�►�c��g ��:�'��ta� .�t�c't�l:�� t� YI��:-DEVEI,t3PNIEl�1`I'GRANT PRt�GItAM '�'Ii,ANSIT QItlEN1'ED DEVEG()E'MENT�'1'QD) PRUGi2AM �ction to protect �ht Council's interests and may ref'usc to disburse addition�l grant fur�ds �nd may require t�e Cir�ntee ta return all�r part of the gr�cit i wzd�already disburs�ci, 4.p3. Amendmeuts. Tl�e Cpuncil and the Gr�ntc� may �menct t�iis .A�reem�nt l�y mntual a�reemen� Arnendments of this Agreerr►en# shalt be cf�'�ctivc only on the execution of wrilten amendments si�;ned bq authori•r.ed xe�resenEatiue�af the Cou�cil and the Grant�. `V. C;�T+�ERA�.I'ItUV1.fiiUNS 5.01. Equa) O��tortunity. The Gc'antee agrees it wiil not discriminate agair�st �ny errtpt�yee ar applicani far cmployment because of race,eolor,creeci,religion,natior�al t�rigin,sex,marital siatus, stalus with re�;ard tc� pu�ili� assistance, membcrship or activity in a local civil ri�hts corrim'issinn, disability, sexu��l orie�tation ar �gc and will tak� �1'Cir�n�tive act�on to insure app#ic�nis and em�loyecs arc trGated equa}ly with res�ect to all ��cts �f eniplr�ynient, rates of�ay ac�d uther forms of compcnsation,at�d�cicstian For training. 5.02. Conflict uP interest. The mcmbers, Q#�icers and em}�#oyees �f'tt�e Grantee shall enm�}y with all applicabl�;sta#+�statutory ancl regulatary con(lict of int�rest l�ws a�i�provisions. 5.03. Liability. Sub;ject to the fimitatians pro�ided in Minnesota �tatutes chapter 466, to the fuilest ext�nt pennitted by law, tl�t Grantee sha11 def�nel, indemnify anc�hold h�nless the Counci! and its memh+�rs, em�loyees and dgents frc�m and a�aiarst a11 claims,�lamagcs, losscs anci exp��ses, inelu�ing but iiut lin�it�d tfl aEtvrneys' fees, azising oui of or resulting frotn the conduct or im�icn�ccitatic�u o1'thc Pn-I?c:velc�pnn:nt TOD Prc�jcct activities funded hy this};raa3t, excepi to the extent the claims, damages. �ossc.�s and expensis �ris�e 1'rum tl�e Cauncil's t�wn negl:igence. Cl�'ims inclu�ded in this ind�nnific-a#it�n include, without limitation, any ciaims assertcd pursuant ta t�e Minnesota f:nvirnnm►ental Response and I.iattikity Act (MCRLA),Mirinesota �ta�uies chapter 11513, the federal C�niprehe�uive �nviror�rx�enta} Resiwn�, Compensatic�n, anci I�iabiiity Act of 1980 (CrRCLA� as nntcnded, United St�tes Cocie, titie 42, sections 9601 �t seq:, and the frd�ral Resource Conservation and Rec�very Act vf 1976 {RCRA) as amended, Uiaitee;ii States Cod�, title 42; sect�ans 6�1(�} e� s�q: This abti�;afian sh�31 n+�t l�c consirued to r�e�ate, abridg� ot othe:rwise rc�uce �ny other ri�ht or t�hligaCi�n t�f indemnity which c�tl�erwise would�xisi hetwecn thc Cou�3cit and the Grante�. 'I'h� provisions of this section �fiall survive tlie e�piraiiun or tetminatic�n of tt�is Agreement.l'his indcmni�cation shall not be canstrued as a waiver on thc part o€either the Grantee ur the Council af any immunities ot limits�n iiabil�ty �rovided by Minnesata Statutes cha}�ter 46&, or other appli�able state or federal ta»+. 5.�4. Ackna�vl�cl�ments and 3i�nage. The Gra��tee wili tteknowleci�e the �in�ncial assistance provided hy thc C�uncil in�romatinnal m�teriat5, pre;� rrleases, reparts anci publieations relating ta the Pre-Devclopment "I'UD Prajcct and thc Future Tf)D llevclupment Pmject. 'rhe acknowled€;me�t will contain the fall�rvin�vr similar languag�: ��ir�r�rit�srrp�r't.f�r•�hr:s prr�j�ct H�er.s lar•u►�i�i;c�by the 1�f�t�•r��nl�turr C.ilr�nci��Ie�rcr�c,litun Livuble C'vnt�rruni�ies Funcl. Yc��;e'7�Y f'1 U 1'ci��s � 47 lll�:;�l():�a"t'lt;�`I'1(l:'� :t('� t)C'.'ti"I' Plt�-DEVEL.QPMENT GR�NT PRUGTtAM TRAIYSlT ONIE�TF.D DFVELUPMENT(TOD} PIt4GRAM Until tfie Futurc T"OD Development Project is compfieted, the Grantee shait ensure the above acknowled�,nnent la�i�uage, or alterr►ative language approved by the Council's autharizea agent, is includeci on all signs (if any} located at the Future'1'pD Devclopment Project or constructian sites that identify praject funding part�iers or entities providing financial a�sisianee for the Futurs TOD Aevelopment Pr�ject. The acknowtedgment and signage shoulct refc;r t�th�e"I�+Ieira�olitan Council" {not"Nlet Gouneil"or"Metro Council"). 5.05. Pcrmits, Bonds and Approvals. The Council assumes na respon�ibility for obiainin�ariy apptir.�ble loeal, state or federal licenses, pennits, l�nds, authori�ati��s ar a�provals neces5ary to perform or complete any Pre-D!e�f+eivpment TOD I'ra�cct activi#ies described in Attachment A, 5.06. Subgraqtees, Contractars and Subcontrac#qrs. The Cra�tee slaall inelude in xny suh�rant� contract or subco�tract for `Pre-Developrnent 1'OU Project activities appmpriate provisions to ensure subgrantee, cor�tractor and s�bcontractor compliance with all appiacable state and federal laws and this Agr�ement. Alvn� with such provisions, the Grantec sha19 require that contractars and subcontractors performin� wark covered by #his �rant comply with aIl applicabl� state and federal Occupational Safety and Health Act r�gulations. 5.07. Stormwater Discharge and Water Mana�ement Pian Requirements. 'To the extent appropr�ate, #he I're-Dcvelopment TOD Project shou{d include cni�sideration of stflrmwater ciiseharge and water managemenf pl�n rec�uarements in federal and state laws, the Council's 2(131J YY�rer Resaurces Muna�ement Polr`cy Flun and the local watex management plan{s} for the jurisciiction(s) wikhin which the Prvjcct Area is locateii. 5.�18. Authorired Agent. Nayment reyuest fprms, written pra�;ress reports anri carrespondence submitted ta the Cauncil pursuanx to this Agreement shall be di►•ected to: Metropolitan C'ouncil Attn: I.GA C3rants Adminisiratian 39U Robect Street Nort� S�in#Paul,Minnesota 55!O 1-18(}5 5.09. Non-Assignmen�. Minnesoia �tatUtes section 473,253, subdivision 2 reyuires tt�e Council ta ciistribute grain� funds to eligible "mu�icipalities," metmpolitaa area eounties or "devetopment authorities" f'or projeets in municipaiities pariicipatin� in the Local Housing Inccntives Accowt�t program. Accc�rdin�ly,this Agreement is not a�signable and shatl not be assigned by the+Cnantee: 5.10. �?Yarranky of Legal Capacity. The individua(s signin� this Agreement on bel�alf of the Grantee and �n be}u�if of the Couneil represent and warratit fln the Gra�tee's aaad thE Council's bchalf r�spectively that the individuals are duly authari�ed to execute tliis Agreernent on the Grantee's and the Couz�cil's beh�if respectively and that this Agreen�ent constitutes the Grantee'3 ar�d t�e C�uncil's valid,binding and:enforceable agreen�ents. f'a�e 1�of 1O Prr�es� � 48 �a�i�,�i��•��z:��{��;� :��.��t;:�� P'ltF-DEVELQI'MENT�RANT PRt?Cl2Al1� 'TItAN51T ORIENTED DEVEL,OY11�lE�iT(TUU) PRflGRAM IN WITNESS WHEREOF, the Granie� and the C'our�c�i have caused t�tis Agreement to be executed by their du�y auttt4cized representari��es. This 11:gr�ement is efFeciive on tl�e date of fina! executi4n by the CounciI. �RA�VTEE M�TI�OPOLIT�►N COI7N�IL By: Hy; _ Guy I'eterson,Director Title;: Conununity Develv�ment Division Date: I7ate: By: �r,ti�: D�t�: ICDATEMPLATEIGDAPRE6EVTpq13 Raf�uetl 01/0312p13 Pa��9 r�f 10 Pr��eS Y' 49 ATTA+CHMENT A PIt��D�VELOPMENT TOD P1tOJEGT SUMMARY ThiS attachment comprises this page and the succeed�ng page(s)which contain(s)a summary of�he Pre-Developrrient TOD Project describ�d in the applicalion f4r Livable Commurtities � Der�onstration Acxount TOD program g�ant funds submitted in response to the Council's notice of availability of Uemonstration Account Pre-Uevelopm�nt TOI�Grant Prograrn funds for the�unding Cycle icient.�fied at Page 1 af this Agreement. The summary xeflects the Pr�-Developmen# 'TOD Proje�t a�tivities for which the Grantee was awarded grant fun+ds by the Council Action, and may reflect changes in Pre-Development TOD Project funding sc3urces, changes in funding amoun#s, or minor changes in the proposed Pre-Development TOD Project that occurned subsequ�nt to application subrnission.The apptication is incorporated iato this Agreement by reference and is made a part af this A�reemeni as fallaws. if the applicaiiorr or any provision of the applicatifln can#Iicts with ar is inconsisteni with the Council Action, oth�r provisions of this Agreemcnt, or the Pre- Deve�oprnent TUD Pcoject Summary contained in this Attachment A, the terms, descriptions and dollar a�r►ounts reflecteti in the Council Action or contained in this Agreement ancl the Pre- Development TOD Project Summary shall prevail. For the purposes of resolving conflicts or inconsistencies, the order of precedenee is: (1)the Council Acrion; (2)this Agreement; (3)the Pre- De�elopment TUD Project Summary;and(4)th�grant appiication. Page 1 D of 1�Fages � 50 Livable Cor�nmun)ties�.GDA Pre-De�relopment 1'ransit-0rlented[�velopment Project 3umrnary TYpe: LCDA TOD Pre-Devetopment � t3renta�: Sf3012•136 R uest�d amounr $10Q Ob0 Recommended amount 10�0� ApPlicaot: City of fMdiey ProJect Nama; Fridley Northstar TIF AAaste�Pl�n Projeci Location: NotthstarlF3rown Lfne-Fridley�ta#ion Coundl Df�tric#: 2—i.vna Sohreiber Project Summary: Witlwu#a mas#er plen fflr ihe Fridley Station area,de�lopers have not i�ken adveMaQe of:th+e innovafion and incxensed density afForded by c�tnmtttec reil and recent investmenis in trails and bridges near the Fridley Northstar statirxr.Tt�is grant will support a statioh ar�ea planning proceas to show apeei6c land use cha�es and standards for the number and eonfigaradon of new housing units.The process wiil alao lead to the development of an alternatives anaiysfs,zoning and impiernentatbn tnols,an infrasVucture development plan,and recomrnendations for how to meks the station area mare accessibis for estriaris and bi Ilsis. �m$�� ThIs project is an exampis of stati�n area planning f�transi#-criented development near rxmmuter rai1, Other LCA Funding: Nfl�, . Funtled 1t�mat Uses f�b�a cotn I�ted t�J31�a?D ' $10Q(�(1 Altematives anal �is Funelin AAat:�h �69�6 $25 000 In-kind staff tfine 3 . Y ' 51 ` AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 28, 2013 CRY OF FRIDLEY DATE: October 24, 2013 TO: Wally Wysopal, City Manager FROM: Julianne Beberg, Planning Assistant SUBJECT: Proposed 2014, 60 Day Agency Action Dates for Planning and Appeals Commission Meeting Dates Enclosed are the following dates for your review and approval of the proposed 2014, 60 Day Agency Action dates for the Planning and Appeals Commission meeting dates. 52 Planning City of Fridley 2014 Development Review Schedule for �� ,��`�,�,,,�,,,�,,�� Planning Commission and City Council Action City Council meeting dates are contingent upon outcome of the Planning Commission meetings. Planning Commission meetings start at 7:00 p.m. and City Council meetings start at 7:00 p.m. Application Deadline Friday, December 13,2013 Publication Deadline Thursday, December 26,2013 j City Council Meeting Monday,January 27,2014 60 Day Agency Extension Saturday,April 26,2014 Application Deadline Friday,January 17,2014 Publication Deadline Thursday,January 30,2014 �; City Counci) Meeting Monday,March 10,2014 . _� . r,. 60 Day Agency Extension Saturday, May 17,2014 Application Deadline Friday, February 14,2014 � Publication Deadline Thursday,February 27,2014 � : �� City Counci) Meeting Monday,April 14,2014 60 Day Agency Extension Saturday,June 14,2014 Application Deadline Friday, March 14,2014 �;�_ Publication Deadline Thursday, March 27,2014 City Council Meeting Monday,April 28,2014 R3 60 Day Agency Extension Saturday,July 12,2014 � 53 � Planning City of Fridley 2014 Development Review Schedule for a«�-, �`,�,,,��,,�� Planning Commission and City Council Action City Council meeting dates are contingent upon outcome of the Planning Commission meetings. Planning Commission meetings start at 7:00 p.m. and City Council meetings start at 7:00 p.m. Application Deadline Friday,April 18,2014 Publication Deadline Thursday,May 01,2014 City Countil Meeting Monday,June 09,2014 � �.: 60 Day Agency Extension Saturday,August 16,2014 Application Deadline Friday,May 16,2014 Publication Deadline Thursday,May 29,2014 , City Council Meeting Monday,July 14,2014 ��> �: 60 Day Agency Extension Saturday,September 13,2014 Application Deadline Friday,June 13,2014 Publication Deadline Thursday,June 26,2014 `a City Council Meeting Monday,July 28,2014 ., }: 60 Day Agency Extension Saturday,October 11,2014 Application Deadline Friday,July 18,2014 Publication Deadline Thursday,July 31,2014 . � City Counci)Meeting Monday,September 08,2014 60 Day Agency Extension Saturday, November 15,2014 54 ..� ` Planning City of Fridley ,,,,� 2014 Development Review Schedule for o.�...:�..�..a: ..�.�.�:..�.�.�,,:,...,;; � .�,��,,,,�&��„� Planning Commission and City Council Action City Council meeting dates are contingent upon outcome of the Planning Commission meetings. Planning Commission meetings start at 7:00 p.m.and City Council meetings start at 7:00 p.m. Application Deadline Friday,August 15,2014 5 -°�.� Publication Deadline Thursday,August 28,2014 x City Council Meeting Monday,October 13,2014 60 Day Agency Extension Saturday,December 13,2014 Application Deadline Friday,September 12,2014 � Publication Deadline Thursday,September 25,2014 City Council Meeting Monday,October 27,2014 � _ 60 Day Agency Extension Saturday,January 10,2015 Application Deadline Friday,October 17,2014 �� Publication Deadline Thursday,October 30,2014 � City Council Meeting Monday,December 08,2014 60 Day Agency Extension Saturday, February 14,2015 µ Application Deadline Friday,November 14,2014 Publication Deadline Thursday, November 27,2014 ��` City Council Meeting Monday,January 05,2015 � 60 Day Agency Extension Saturday,March 14,2015 55 �, - Appeals E City of Fridley ,,,,�' 2014 Development Review Schedule for � � ��`,��,�,�,,,�� Appeals Commission and City Council Action City Council meeting dates are contingent upon outcome of the Appeals Commission meetings. Appeals Commission meetings start at 7:00 p.m. and City Council meetings start at 7:00 p.m. Application Deadline Friday,January 03,2014 �,� � $ . �.� � ��-��,� � � � _ x�� a�n �`� .�" �, a�x � �� .. . . . .. . . _ , . . . . . ,Y.I° _.. .. «.w,. A&..., _. . _. City Council Meeting Monday, February 24,2014 a•. „� �:��- �" �� t a € ,� ��; �:< �°��;��., a Application Deadline Friday,January 31,2014 4� � ��• '�� : � � � �� 4: �� ,� � .�r � . >.,.� __�� . ��.,r..��n�_ City Council Meeting Monday,March 24,2014 � r ��. � ,�, � ��,,.,� a��,r; x...�,a� � �.,....- �a��'�.�i;;��.. ;:4. , a�w ::s "�. ` .�u� �±,:. ,,a@a,�r"rm��, f _. .. `a Application Deadline Friday,February 28,2014 F ��, �, � ,� � �� s �,: � �'�'�`�'�, � �µ�� _ .� , �� .._�..� City Council Meeting Monday,April 14,2014 �- �..�� ,�»: �a�"� .,�. Application Deadline Friday,April 04,2014 ,, . _r.-- � � � `�'' X � ^ . ,. ... .��3'� .... . ... , . . rv s�l` .. . �'� ¢��., i �..r City Council Meeting Tuesday, May 27,2014 � k: _ - �� ,� ; °.. . � . -� �� :�.. � or ' .�.. ... ._.. . .., z 4.r.....r,� Application Deadline Friday, May 02,2014 � � p � .. t.= ' �`..� K'. �. , .• " . & �#�p�'.4 - : � oy 2 � _ .. . __.. �� ,�° � , <��"..'a.. _. . � �� , �°.an,��.� , ... .x a,� �.ro .*x r�,�e , . . , . ., . . ,�°". . ..,_3..�� e City Council Meeting Monday,June 23,2014 � ==� � .,��w Application Deadline Friday, May 30,2014 �d�:r a p �` . p �� ` , ��:` ��a�,s�'.��.;w,� City Council Meeting Monday,July 14,2014 � ._ .. r_..v �„. _ . . �� ., a � � � � e � ��-� -� . �� ., .�� m .� . � . . ,�;, .,. � Appeals City of Fridley ,� 2014 Development Review Schedule for �� .��,,,��,��,,�,,� Appeals Commission and City Council Action City Council meeting dates are contingent upon outcome of the Appeals Commission meetings. Appeals Commission meetings start at 7:00 p.m. and City Council meetings start at 7:00 p.m. Application Deadline Thursday,July 03,2014 _ .., . �'�,k�.��.:. . , . . . . .. ... , 'a'��a��' City Council Meeting Monday,August 25,2014 � �� a- - ,;.�w� � �= , � ��, w ,. , �. �. � �� Application Deadline Friday,August 01, 2014 a� � r��. � �..�� .�; _.�_.... City Council Meeting Monday,September 22,2014 . � , �. . �.} � ,: .. .:�.k� Application Deadline Friday,August 29,2014 � � __ �. , , � ia,4:. (� „ .-� ��.��. � "� "�3,i„�`:,': � ., d.�,,..�. City Council Meeting � Monday,October 13, 2014 �� . � �� __.. . . .�, � .. ._ Application Deadline Friday,October 31,2014 �.�. f - �`. �� - ��. �b: _� . h� .m...t,...; City Council Meeting Monday,November 24,2014 ,, � , �dp Application Deadline Wednesday,November 26,2014 ��tt � � � - b..�y f . ... . _. _. . . . . . ��i#. uw.0 a.4 City Council Meeting Monday,January 05,2015 57 � AGENDA ITEM CITY COUNCIL MEETING OF F°o°� OCTOBER 28, 2013 TO: WALLY WYSOPAL, CITY MANAGE FROM: DARIN R. NELSON,FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2013 TREE REMOVAL/LATERAL REPAIR DATE: October 24,2013 Attached you will find the final assessment roll for the 2013 Tree Removal/Lateral Repair along with the Resolution to adopt the assessment. The assessment includes tree removal for 2 properties at a cost of$5,231.53, and lateral repair for 1 property at a cost of$3,65635. The property owners have signed assessment agreements that state the assessment will be certified for 5 years. The interest rate will be 6.5%. DRN/gt Attachment 58 RESOLUTION NO. 2013_ RESOLUTION ADOPTING ASSESSMENT ROLL FOR 2013 TREE REMOVAL/LATERAL REPAIR WHEREAS, pursuant to the contract signed by the property owner, the council has met and considered the proposed assessment for the 2013 Tree RemovaULateral Repair. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in annual installments extending over a period of five years, the first of the installments to be payable on or before the first Monday in January, 2014, and shall bear interest at the rate of 6 '/2 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2014. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor,pay the whole of the assessment on such property,with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28�' DAY OF OCTOBER, 2013. SCOTT J. LUND -MAYOR ATT'EST: DEBRA A. SKOGEN- CITY CLERK 59 CITY OF FRIDLEY ASSESSMENT ROLL FOR 2013 TREE REMOVAL/LATERAL REPAIR Name PIN No. Actual Assessment AI Wasserman 03-30-24-24-0085 $ 1,763.44 340 Hugo St NE Fridley, MN 55432 Caleb Tungseth 10-30-24-14-0044 $ 3,468.09 100 Glen Creek Rd NE Fridley, MN 55432 Stephen Peckham 10-30-24-12-0036 $ 3,656.35 91 75th Way NE Fridley, MN 55432 Total $ 8,887.88 60 � AGENDA ITEM COUNCIL MEETING OF F�O� OCTOBER 28, 2013 � TO: WALLY WYSOPAL, CITY MANAGER.� ' FROM: DARIN R. NELSON, FINANCE DIRECTOR ° SANDRA K. HARA, UTILITY BILLING CLERK SUBJECT: CERTIFICATION OF DELINQUENT UTILITY SERVICES DATE: October 25, 2013 Attached is a resolution for the purpose of certifying delinquent utility accounts to the County for collection with property taxes in the year 2014. All property owners have been notified that the utility bills are being certified to the County and have been given adequate opportunity to pay their bill. The penalty shown on this resolution is in addition to the regular penalties that accrue on the utility bills. The number and dollar value of accounts varies each year. We cannot be certain of the final count or dollar value until November 15 since property owners have until that time to pay without penalty. For your information, the chart below shows the certification history at this point in the process for this year and the past five years. Delinquent Utility Certification History 2009-2013 ,a $500,000 530 a� � $400,000 520 � � $300,000 510 o $200,000 - 500 490 � $100,000 480 r � $0 470 2009 2010 2011 2012 2013 $Amount of Accounts Certified 383,285 391,243 381,702 315,012 324,154 #of Accounts Certified 502 517 I 515 520 489 $Amount of Accounts Certified #of Accounts Certified DRN/sp Attachment 61 RESOLUTION NO. 2013 A RESOLUTION CERTIFYING CERTAIN DELINQUENT UTILITY SERVICES TO THE COUNTY FOR COLLECTION WITH THE 2013 PROPERTY TAXES WHEREAS, certain utility services for the City of Fridley are delinquent in payment, and WHEREAS, Chapter 402, Water and Sewer Administration, Chapter 113, Solid Waste Disposal and Recycling Collection, Chapter 216, Storm Water Drainage Utility, Chapter 219, Harris Pond Storm Water and Section 1.02 of the City Charter provides for the certifying of delinquent charges to the County for collection with the property taxes, and NOW, THEREFORE BE IT RESOLVED, that the City Clerk is hereby authorized and directed to certify the following charges to the County for collection with the property taxes payable in the year 2014, to wit: All these noted in Exhibit "A" attached hereto and made a part hereof by reference. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28�' DAY OF OCTOBER, 2013. SCOTT J. LLJND -MAYOR ATTEST: DEBRA A. SKOGEN- CITY CLERK 62 2013 Delinquent Utility Certification List - Exhibit A City of Fridley Delinquent Utiilty Services-2013 PIN Cust ID Loc ID Service Balance Penalty Total Active Accounts: 26 30 24 33 0033 1615 444980 4656 2 1/2 ST NE $ 811.71 $ 81.17 $ 892.88 26 30 24 32 0080 106735 445060 4732 2 1/2 ST NE 114.72 11.47 126.19 26 30 24 32 0104 1705 445070 4733 2 1/2 ST NE 189.28 18.93 208.21 26 30 24 32 0079 1715 445080 4744 2 1/2 ST NE 557.22 55.72 612.94 26 30 24 32 0105 1735 445100 4757 2 1/2 ST N E 1,199.78 119.98 1,319.76 23 30 24 23 0080 155825 445420 5820 2 1/2 ST NE 2,578.60 257.86 2,836.46 23 30 24 22 0029 130175 445730 6025 2 1/2 ST NE 866.89 86.69 953.58 26 30 24 33 0067 133845 443580 4544 2 ST NE 218.17 21.82 239.99 26 30 24 33 0114 235 443610 4567 2 ST NE 977.35 97.74 1,075.09 26 30 24 33 0044 139715 443690 4631 2 ST NE 527.74 52.77 580.51 26 30 24 33 0048 168995 443770 4680 2 ST NE 844.18 84.42 928.60 26 30 24 32 0066 425 443800 4706 2 ST N E 969.63 96.96 1,066.59 26 30 24 32 0062 165735 443880 4740 2 ST NE 444.43 44.44 488.87 23 30 24 23 0095 157705 444100 5800 2 ST NE 943.51 94.35 1,037.86 23 30 24 23 0089 150705 444200 5875 2 ST NE 184.90 18.49 203.39 23 30 24 22 0046 141865 444460 6031 2 ST NE 855.18 85.52 940.70 26 30 24 33 0090 137915 445850 4526 3 ST NE 319.91 31.99 351.90 26 30 24 33 0024 156825 445960 4600 3 ST NE 457.37 45.74 503.11 26 30 24 33 0014 140435 446080 4663 3 ST NE 866.21 86.62 952.83 26 30 24 32 0099 2765 446110 4700 3 ST NE 591.78 59.18 650.96 26 30 24 32 0117 2795 446140 4715 3 ST NE 245.92 24.59 270.51 26 30 24 32 0007 133905 446300 4827 3 ST NE 64028 64.03 704.31 26 30 24 32 0010 162145 446360 4863 3 ST NE 524.02 52.40 576.42 26 30 24 23 0068 150715 446450 4928 3 ST NE 731.89 73.19 805.08 26 30 24 23 0080 166505 446600 5045 3 ST NE 648.40 64.84 713.24 26 30 24 23 0080 166515 446590 5045 3 ST NE 1,056.93 105.69 1,162.62 26 30 24 22 0014 3375 446690 5111 3 ST NE 991.81 99.18 1,090.99 26 30 24 22 0012 169175 446720 5131 3 ST NE 674.46 67.45 741.91 23 30 24 23 0060 167225 446920 5810 3 ST NE 425.59 42.56 468.15 23 30 24 22 0158 163385 458060 5901 3 ST NE 447.22 44.72 491.94 23 30 24 22 0014 155125 447250 6051 3 ST NE 400.30 40.03 440.33 23 30 24 22 0014 155135 447260 6053 3 ST NE 634.66 63.47 698.13 23 30 24 22 0014 155145 447270 6055 3 ST NE 276.09 27.61 303.70 23 30 24 22 0018 151665 447300 6070 3 ST NE 184.91 18.49 203.40 23 30 24 34 0032 165815 458400 5326 4 ST NE 589.11 58.91 648.02 23 30 24 34 0031 15175 458410 5330 4 ST NE 563.83 56.38 620.21 23 30 24 34 0099 169255 547810 5431 4 ST NE 227.71 22.77 250.48 23 30 24 34 0089 15335 458570 5459 4 ST NE 521.04 52.10 573.14 23 30 24 31 0052 15455 458680 5614 4 ST NE 515.58 51.56 567.14 23 30 24 24 0170 131205 548030 5706 4 ST NE 881.68 88.17 969.85 23 30 24 24 0173 131235 548060 5712 4 ST NE 826.93 82.69 909.62 23 30 24 24 0035 15605 458830 5831 4 ST NE 400.62 40.06 440.68 23 30 24 24 0110 137575 458940 5908 4 ST NE 705.27 70.53 775.80 23 30 24 24 0109 122055 458960 5916 4 ST NE 261.89 26.19 288.08 23 30 24 21 0083 96795 459020 5942 4 ST NE 788.23 78.82 867.05 11 30 24 21 0019 94535 500650 7501 4 ST NE 163.36 16.34 179.70 23 30 24 24 0021 15595 458820 5830 -5832 4 ST NE 488.28 48.83 537.11 26 30 24 33 0109 150735 447380 201 45 AVE NE 595.45 59.55 655.00 23 30 24 31 0119 151255 548950 5543 5 ST NE 599.19 59.92 659.11 23 30 24 31 0030 170145 459800 5648 5 ST NE 699.94 69.99 769.93 23 30 24 24 0048 158055 459840 5801 5 ST NE 220.05 22.01 242.06 23 30 24 21 0062 123075 460120 5949 5 ST NE 576.52 57.65 634.17 23 30 24 21 0066 91065 460210 5981 5 ST NE 1,883.73 188.37 2,072.10 14 30 24 34 0082 106185 460510 6221 5 ST NE 519.47 51.95 571.42 Page63�f 9 Delinquent Utiilty Services-2013 PIN Cust ID Loc ID Service Balance Penalty Total 14 30 24 34 0083 158025 460520 6231 5 ST NE 344.69 34.47 379.16 14 30 24 34 0017 166985 460550 6244 5 ST NE 834.09 83.41 917.50 14 30 24 34 0016 94215 460570 6252 5 ST NE 91.70 9.17 100.87 25 30 24 22 0041 168015 463520 1280 52 AVE NE 461.02 46.10 507.12 23 30 24 43 0081 133525 463770 541 53 1/2 AVE NE 595.98 59.60 655.58 23 30 24 43 0056 20905 464010 649 53 AVE NE 747.48 74.75 822.23 25 30 24 21 0032 153725 464120 1326 53 AVE NE 732.84 73.28 806.12 23 30 24 42 0026 125345 464640 590 57 AVE NE 165.20 16.52 181.72 23 30 24 42 0012 169595 464680 615 57 AVE NE 201.56 20.16 221.72 23 30 24 41 0026 154445 464830 690 57 AVE NE 251.95 25.20 277.15 23 30 24 24 0084 174625 465020 455 57 PL NE 69.91 6.99 76.90 23 30 24 13 0065 174255 465080 611 58 AVE NE 220.31 22.03 242.34 23 30 24 13 0047 22065 465160 660 58 AVE NE 246.81 24.68 271.49 23 30 24 14 0053 139395 465270 721 58 AVE NE 1,189.09 118.91 1,308.00 23 30 24 14 0054 93275 465290 731 58 AVE NE 1,418.73 141.87 1,560.60 23 30 24 34 0061 93485 460820 5346 6 ST NE 990.65 99.07 1,089.72 23 30 24 24 0047 103835 461150 5800 6 ST NE 523.04 52.30 575.34 23 30 24 21 0088 165425 461520 6000 6 ST NE 579.93 57.99 637.92 14 30 24 34 0049 117225 461740 6131 6 ST NE 242,56 24.26 266.82 14 30 24 34 0059 160935 461870 6200 6 ST NE 313.38 31.34 344.72 24 30 24 11 0067 22425 465510 1521 60 AVE NE 266.76 26.68 293.44 24 30 24 11 0066 123085 465520 1541 60 AVE NE 299.62 29.96 329.58 24 30 24 11 0092 159375 465530 1560 60 AVE NE 192.23 19.22 211.45 13 30 24 44 0049 127955 465700 1601 61 AVE NE 514.28 51.43 565.71 15 30 24 44 0010 170745 448280 11 62 1/2 WAY NE 279.38 27.94 307.32 15 30 24 44 0011 119285 448300 20 62 1/2 WAY NE 503.05 50.31 553.36 15 30 24 44 0012 166545 448310 30 62 1/2 WAY NE 454.44 45.44 499.88 15 30 24 44 0094 153305 547780 23 62 WAY NE 2,209.19 220.92 2,430.11 15 30 24 43 0032 4875 448180 131 62 WAY NE 321.79 32.18 353.97 15 30 24 43 0093 4885 448190 140 62 WAY NE 716.92 71.69 788.61 15 30 24 41 0035 164305 448640 20 63 1!2 WAY NE 952.63 95.26 1,047.89 15 30 24 42 0033 130225 448770 135 63 1/2 WAY N E 1,312.73 131.27 1,444.00 15 30 24 42 0043 151825 448780 146 63 1/2 WAY NE 487.06 48.71 535.77 14 30 24 31 0027 130025 465780 415 63 AVE NE 1,857.00 185.70 2,042.70 14 30 24 42 0119 100145 465880 548 63AVE NE 1,261.23 126.12 1,387.35 14 30 24 41 0052 126965 466050 728 63 AVE N E 1,075.23 107.52 1,182.75 15 30 24 42 0099 143115 448940 120 64 1/2 WAY NE 506.66 50.67 557.33 13 30 24 32 0073 112285 466190 1029 64 AVE NE 238.34 23.83 262.17 13 30 24 42 0059 120725 466460 1490 64 AVE NE 527.61 52.76 580.37 14 30 24 24 0024 108505 466550 357 66 AVE NE 606.02 60.60 666.62 14 30 24 24 0021 120735 466580 363 66 AVE NE 485.51 48.55 534.06 14 30 24 13 0003 88605 466890 553 66 AVE NE 556.50 55.65 612.15 13 30 24 13 0031 24095 467170 1375 66 AVE NE 54.66 5.47 60.13 13 30 24 13 0109 110145 467180 1376 66AVENE 1,200.00 120.00 1,320.00 15 30 24 14 0029 5805 449110 17 66 WAY NE 1,163.56 116.36 1,279.92 14 30 24 24 0089 132095 467640 480 67 AVE NE 525.72 52.57 578.29 14 30 24 13 0056 161915 467680 500 67 AVE NE 791.49 79.15 870.64 14 30 24 13 0050 24725 467800 548 67 AVE NE 685.23 68.52 753.75 14 30 24 13 0080 163495 467940 630 `67 AVE NE 275.15 27.52 302.67 14 30 24 11 0030 25115 468190 801 68 AVE NE 361.56 36.16 397.72 14 30 24 11 0032 89365 468210 821 68 AVE NE 168.62 16.86 185.48 15 30 24 12 0006 140325 501570 48 69 WAY NE 263.95 26.40 290.35 10 30 24 44 0046 159455 501710 41 70 WAY NE 181.93 18.19 200.12 12 30 24 24 0040 59735 502420 1240 73 1/2 AVE NE 401.69 40.17 441.86 12 30 24 13 0092 160445 502470 1365 73 AVE NE 190.72 19.07 209.79 11 30 24 24 0076 144725 502750 380 74 AVE NE 228.21 22.82 251.03 11 30 24 24 0076 144715 502760 382 74 AVE NE 776.08 77.61 853.69 12 30 24 12 0033 129615 503010 1453 75 AVE NE 684.37 68.44 752.81 Page64�f 9 Delinquent Utiilty Services-2013 PIN Cust ID Loc ID Service Balance Penalty Total 12 30 24 11 0043 158815 503200 1661 75 AVE NE 718.66 71.87 790.53 10 30 24 11 0023 87725 503230 65 75 WAY NE 313.40 31.34 344.74 12 30 24 12 0098 129625 503420 1359 76 AVE NE 507.22 50.72 557.94 12 30 24 12 0104 60865 503520 1409 76 AVE NE 327.23 32.72 359.95 10 30 24 12 0085 141355 503800 117 76 WAY NE 547.87 54.79 602.66 03 30 24 42 0012 120465 503930 195 79 WAY NE 688.34 68.83 757.17 14 30 24 44 0010 25345 468420 6270 ABLE ST NE 215.41 21.54 236.95 14 30 24 44 0009 161005 468440 6280 ABLE ST NE 1,147.51 114.75 1,262.26 13 30 24 33 0023 150935 468450 6281 ABLE ST NE 619.02 61.90 680.92 14 30 24 41 0100 157855 468550 6334 ABLE ST NE 338.10 33.81 371.91 13 30 24 32 0049 92205 468590 6351 ABLE ST NE 568.90 56.89 625.79 14 30 24 41 0060 126065 468640 6410 ABLE ST NE 201.96 20.20 222.16 12 30 24 23 0016 106035 498350 7419 ABLE ST NE 234.93 23.49 258.42 12 30 24 23 0010 164185 498540 7503 ABLE ST NE 404.81 40.48 445.29 12 30 24 22 0024 135645 498560 7515 ABLE ST NE 642.31 64.23 706.54 12 30 24 22 0021 139285 498640 7553 ABLE ST NE 286.81 28.68 315.49 12 30 24 22 0021 134985 498650 7555 ABLE ST NE 482.88 48.29 531.17 10 30 24 42 0007 56095 498830 125 ALDEN CIR NE 365.67 36.57 402.24 15 30 24 43 0008 139695 450110 6245 ALDEN WAY NE 210.94 21.09 232.03 10 30 24 13 0039 92685 528840 7500 ALDEN WAY NE 505.49 50.55 556.04 10 30 24 12 0017 114425 498860 7501 ALDEN WAY NE 178.68 17.87 196.55 10 30 24 12 0016 160435 498900 7515 ALDEN WAY NE 770.39 77.04 847.43 10 30 24 12 0079 86485 498930 7524 ALDEN WAY NE 1,041.85 104.19 1,146.04 03 30 24 34 0064 56535 499270 7847 ALDEN WAY NE 1,092.47 109.25 1,201.72 03 30 24 34 0037 56665 499400 7892 ALDEN WAY NE 920.96 92.10 1,013.06 23 30 24 33 0089 120205 449470 5337 ALTURA RD NE 288.64 28.86 317.50 23 30 24 33 0091 109035 449500 5357 ALTURA RD NE 303.59 30.36 333.95 23 30 24 33 0080 164315 449510 5358 ALTURA RD NE 900.27 90.03 990.30 23 30 24 33 0097 6315 449620 5417 ALTURA RD NE 453.24 45.32 498.56 23 30 24 32 0003 120565 449730 5489 ALTURA RD NE 809.81 80.98 890.79 13 30 24 14 0130 110165 468810 6544 ANOKA ST NE 660.71 66.07 726.78 13 30 24 14 0106 25775 468850 6575 ANOKA ST NE 593.98 59.40 653.38 13 30 24 14 0068 25945 469020 6683 ANOKA ST NE 1,159.46 115,95 1,275.41 13 30 24 14 0088 117465 469450 6545 ARTHUR ST NE 60.00 6.00 66.00 12 30 24 12 0037 56875 499610 7676 ARTHUR ST NE 642.25 64.23 706.48 15 30 24 41 0006 160775 449760 6412 ASHTON AVE NE 421.91 42.19 464.10 12 30 24 13 0007 152505 499730 7420 BACON DR NE 347.39 34.74 382.13 13 30 24 33 0032 135825 478740 6209 BAKER AVE NE 762.19 76.22 838.41 12 30 24 23 0006 111595 499950 7345 BAKER ST NE 168.83 16.88 185.71 13 30 24 43 0024 156495 469850 6257 BEN MORE DR NE 1,097.52 109.75 1,207.27 14 30 24 42 0029 110215 470530 520 BENNETT DR NE 910.85 91.09 1,001.94 14 30 24 41 0004 173055 470670 701 BENNETT DR NE 180.63 18.06 198.69 14 30 24 41 0008 167515 470720 749 BENNETT DR NE 892.69 89.27 981.96 13 30 24 44 0021 160275 470000 1603 BRIARDALE RD NE 831.04 83.10 914.14 04 30 24 11 0005 70505 546870 8320 BROAD AVE NE 341.94 34.19 376.13 13 30 24 23 0039 130885 479120 6606 BROOKVIEW DR NE 481.76 48.18 529.94 13 30 24 41 0038 136655 471380 1660 CAMELOT LN NE 335.42 33.54 368.96 14 30 24 44 0033 109655 470810 6201 CAROL DR NE 895.09 89.51 984.60 24 30 24 23 0024 149905 471650 5819 CENTRAL AVE NE 607.12 60.71 667.83 24 30 24 24 0090 150975 471740 5895 CENTRAL AVE NE 869.02 86.90 955.92 24 30 24 21 0028 161395 549270 5927 CENTRAL AVE NE 880.29 88.03 968.32 24 30 24 21 0030 95855 471770 5971 CENTRAL AVE NE 125.78 12.58 138.36 24 30 24 21 0010 100225 471830 6057 CENTRAL AVE NE 421.10 42.11 463.21 13 30 24 42 0046 153445 472010 6391 CENTRAL AVE NE 474.05 47.41 521.46 13 30 24 42 0024 28975 472030 6401 CENTRAL AVE NE 551.21 55.12 606.33 13 30 24 24 0020 29085 472140 6568 CENTRAL AVE NE 534.96 53.50 588.46 12 30 24 31 0009 161495 504150 7112 CENTRAL AVE NE 812.11 81.21 893.32 12 30 24 12 0024 163115 504310 7501 CENTRAL AVE NE 545.93 54.59 600.52 13 30 24 24 0106 89675 472450 6625 CHANNEL RD NE 430.62 43.06 473.68 13 30 24 21 0009 173155 472570 6715 CHANNEL RD NE 602.71 60.27 662.98 Page65�f 9 Delinquent Utiilty Services-2013 PIN Cust ID Loc ID Service Balance Penalty Total 13 30 24 21 0003 29595 472650 6801 CHANNEL RD NE 869.19 86.92 956.11 13 30 24 21 0024 165415 472670 6805 CHANNEL RD NE 660.43 66.04 726.47 23 30 24 43 0005 29915 472970 536 CHERI CIR NE 193.05 19.31 212.36 03 30 24 32 0135 82865 504480 630 CHERYL ST NE 176.47 17.65 194.12 14 30 24 32 0210 150795 545780 161 CHRISTENSON CT NE 534.58 53.46 588.04 14 30 24 32 0193 136305 546710 6449 CHRISTENSON LN NE 253.41 25.34 278.75 14 30 24 32 0240 126555 545840 202 CHRISTENSON WAY NE 140.75 14.08 154.83 14 30 24 32 0238 157085 546090 209 CHRISTENSON WAY NE 354.48 35.45 389.93 26 30 24 23 0092 7055 450340 5017 CLEARVIEW ST NE 561.36 56.14 617.50 26 30 24 22 0072 7125 450410 5060 CLEARVIEW ST NE 705.17 70.52 775.69 14 30 24 14 0044 127195 479300 6548 CLOVER PL NE 732.78 7328 806.06 14 30 24 14 0048 138645 479350 6588 CLOVER PL NE 425.37 42.54 467.91 11 30 24 13 0018 116675 504570 7321 CONCERTO CUR NE 1,434.85 143.49 1,578.34 10 30 24 12 0043 143365 505210 115 CRAIG WAY NE 176.47 17.65 194.12 10 30 24 12 0052 134885 505290 146 CRAIG WAY NE 767.92 76.79 844.71 13 30 24 13 0056 154555 473200 1320 CREEK PARK LN NE 902.88 90.29 993.17 13 30 24 13 0108 166085 473270 1379 CREEK PARK LN NE 289.93 28.99 318.92 23 30 24 33 0006 149595 450760 112 CROWN RD NE 805.87 80.59 886.46 03 30 24 32 0184 147595 505730 670 DOVER ST NE 740.22 74.02 814.24 03 30 24 32 0098 153085 505740 687 DOVER ST NE 720.66 72.07 792.73 24 30 24 44 0042 145485 474220 5506 EAST BAVARIAN PASS NE 245.51 24.55 270.06 24 30 24 44 0031 122445 474380 5523 EAST BAVARIAN PASS NE 426.99 42.70 469.69 24 30 24 41 0100 92225 474420 5527 EAST BAVARIAN PASS NE 366.89 36.69 403.58 24 30 24 41 0088 165445 474620 5563 EAST BAVARIAN PASS NE 243.47 24.35 267.82 24 30 24 41 0082 144255 474670 5575 EAST BAVARIAN PASS NE 400.54 40.05 440.59 24 30 24 41 0114 163525 474710 5580 EAST BAVARIAN PASS NE 367.75 36.78 404.53 24 30 24 44 0251 92305 473530 5423 EAST BRENNER PASS NE 667.36 66.74 734.10 24 30 24 44 0248 164705 473540 5425 EAST BRENNER PASS NE 110.90 11.09 121.99 24 30 24 44 0230 152305 473580 5433 EAST BRENNER PASS NE 357.87 35.79 393.66 24 30 24 44 0221 135205 473640 5445 EAST BRENNER PASS NE 101.26 10.13 111.39 24 30 24 44 0223 174485 473650 5447 EAST BRENNER PASS NE 226.43 22.64 249.07 24 30 24 44 0200 127105 473740 5467 EAST BRENNER PASS NE 675.43 67.54 742.97 24 30 24 44 0191 30715 473750 5471 EAST BRENNER PASS NE 596.64 59.66 656.30 24 30 24 44 0192 119445 473780 5475 EAST BRENNER PASS NE 261.53 26.15 287.68 24 30 24 44 0193 108695 473820 5479 EAST BRENNER PASS NE 437.17 43.72 480.89 15 30 24 44 0006 166945 457760 6255 EAST RIVER RD NE 568.70 56.87 625.57 15 30 24 41 0071 14555 457800 6305 EAST RIVER RD NE 354.69 35.47 390.16 15 30 24 42 0096 99795 457860 6431 EAST RIVER RD NE 374.15 37.42 411.57 15 30 24 12 0015 166175 505980 6827 EAST RIVER RD NE 202.19 20.22 222.41 10 30 24 43 0009 162815 506030 6901 EAST RIVER RD NE 1,024.75 102.48 1,127.23 10 30 24 43 0011 175015 506050 6921 EAST RIVER RD NE 195.72 19.57 215.29 10 30 24 11 0015 161565 506430 7505 EAST RIVER RD NE 318.14 31.81 349.95 10 30 24 11 0013 63825 506450 7513 EAST RIVER RD NE 689.06 68.91 757.97 03 30 24 43 0044 144835 548710 7751 EAST RIVER RD NE 1,582.41 158.24 1,740.65 03 30 24 24 0026 90765 506800 8161 EAST RIVER RD NE 640.26 64.03 704.29 03 30 24 22 0083 111635 506930 8340 EAST RIVER RD NE 3,077.48 307.75 3,385.23 03 30 24 44 0085 172445 507070 7847 ELM ST NE 671.80 67.18 738.98 03 30 24 44 0084 172455 507100 7891 ELM ST NE 543.67 54.37 598.04 03 30 24 31 0106 164025 507400 298 ELY ST NE 1,191.89 119.19 1,311.08 03 30 24 31 0092 161975 507510 501 ELY ST NE 548.72 54.87 603.59 03 30 24 32 0003 149015 507570 537 ELY ST NE 769.35 76.94 846.29 03 30 24 24 0025 140055 507860 8102 FAIRMONT CIR NE 758.44 75.84 834.2g 03 30 24 24 0021 65315 507910 8112 FAIRMONT CIR NE 494.87 49.49 544.36 03 30 24 24 0128 84805 528790 505 FAtRMONT ST NE 164.89 16.49 181.38 03 30 24 32 0011 139705 508140 580 FAIRMONT ST NE 471.05 47.11 518.16 03 30 24 32 0010 147205 508160 590 FAIRMONT ST NE 99.47 9.95 109.42 03 30 24. 23 0198 65595 508180 615 FAIRMONT ST NE 642.31 64.23 706.54 25 30 24 21 0019 124655 475310 5261 FILLMORE ST NE 348.23 34.82 383.05 24 30 24 32 0070 139895 475430 5586 FILLMORE ST NE 104.14 10.41 114.55 24 30 24 32 0071 106695 475440 5588 FILLMORE ST NE 60.09 6.01 66.10 Page66�f 9 Delinquent Utiilty Services-2013 PIN Cust ID Loc ID Service Balance Penalty Total 12 30 24 13 0012 168915 508350 1357 FIRESIDE DR NE 525.20 52.52 577.72 03 30 24 43 0014 117735 508480 7851 FIRWOOD WAY NE 1,571.12 157.11 1,728.23 03 30 24 43 0012 162045 508520 7865 FIRWOOD WAY NE 766.49 76.65 843.14 03 30 24 34 0006 65965 508540 7871 FIRWOOD WAY NE 356.71 35.67 392.38 03 30 24 34 0004 88915 508580 7883 FIRWOOD WAY NE 1,236.80 123.68 1,360.48 03 30 24 34 0007 96385 508590 7886 FIRWOOD WAY NE 571.82 57.18 629.00 13 30 24 14 0060 32615 475600 6600 FRIDLEY ST NE 494.66 49.47 544.13 24 30 24 24 0101 156185 475840 1207 GARDENA AVE NE 331.25 33.13 364.38 24 30 24 24 0017 169355 475850 1211 °GARDENA AVE NE 639.43 63.94 703.37 24 30 24 14 0049 168435 476120 1564 GARDENA AVE NE 541.94 54.19 596.13 26 30 24 23 0036 130335 450950 136 GIBRALTAR RD NE 194.88 19.49 214.37 03 30 24 23 0236 105665 509030 620 GLENCOE ST NE 623.15 62.32 685.47 03 30 24 23 0235 66505 509050 630 GLENCOE ST NE 593.12 59.31 652.43 24 30 24 24 0083 34025 477010 5882 HACKMANN AVE NE 977.20 97.72 1,074.92 24 30 24 24 0063 34145 477130 5933 HACKMANN AVE NE 516.55 51.66 568.21 24 30 24 24 0026 112395 476660 1031 HACKMANN CIR NE 361.66 36.17 397.83 24 30 24 32 0061 34175 477160 940 HATHAWAY LN NE 145.32 14.53 159.85 24 30 24 31 0043 83245 477300 1030 HATHAWAY LN NE 559.70 55.97 615.67 23 30 24 13 0077 156415 477720 640 HELENE PL NE 331.65 33.17 364.82 10 30 24 44 0030 137665 510090 6969 HICKORY CIR NE 487.68 48.77 536.45 15 30 24 12 0019 131755 509810 6817 HICKORY ST NE 1,282.86 128.29 1,411.15 13 30 24 33 0001 161335 478300 6161 HIGHWAY 65 NE 3,898.05 389.81 4,287.86 13 30 24 32 0070 110445 478410 6310 HIGHWAY 65 NE 586.23 58.62 644.85 24 30 24 12 0045 35055 478040 1330 HILLCREST DR NE 696.36 69.64 766.00 24 30 24 12 0062 161325 478270 1359 HILLCREST DR NE 147.40 14.74 162.14 24 30 24 33 0035 173975 478580 1237 HILLWIND RD NE 262.22 26.22 288.44 24 30 24 33 0031 140795 478610 1249 HILLWIND RD NE 434.09 43.41 477.50 24 30 24 34 0021 92325 478660 1301 HILLWIND RD NE 592.77 59.28 652.05 23 30 24 33 0026 138025 451230 148 HORIZON CIR NE 508.66 50.87 559.53 26 30 24 22 0051 133945 451350 5144 HORIZON DR NE 609.23 60.92 670.15 26 30 24 22 0105 118905 451380 5169 HORIZON DR NE 146.86 14.69 161.55 23 30 24 32 0004 114255 451790 5487 HORIZON DR NE 138.03 13.80 151.83 26 30 24 22 0073 140525 451910 5060 HUGHES AVE NE 263.38 26.34 289.72 03 30 24 24 0085 68165 510700 340 HUGO ST NE 651.12 65.11 716.23 03 30 24 24 0161 129705 510730 355 HUGO ST NE 561.27 56.13 617.40 03 30 24 24 0107 121925 510780 381 HUGO ST NE 926.34 92.63 1,018.97 03 30 24 24 0079 68265 510800 420 HUGO ST NE 703.83 70.38 774.21 03 30 24 23 0227 68535 511060 617 HUGO ST NE 417.59 41.76 459.35 03 30 24 23 0154 97225 511170 663 HUGO ST NE 510.88 51.09 561.97 03 30 24 23 0187 124315 511220 680 HUGO ST NE ' 512.19 51.22 563.41 03 30 24 13 0005 68745 511270 265 IRONTON ST NE 364.78 36.48 401.26 03 30 24 24 0071 85815 511330 304 IRONTON ST NE 883.24 88.32 971.56 03 30 24 24 0061 157435 511420 366 IRONTON ST NE 130.61 13.06 143.67 03 30 24 24 0066 129755 511480 401 IRONTON ST NE 754.62 75.46 830.08 03 30 24 24 0158 169755 511500 420 IRONTON ST NE 718.56 71.86 790.42 03 30 24 23 0219 69095 511620 541 IRONTON ST NE 824.87 82.49 907.36 03 30 24 23 0028 91815 511690 581 IRONTON ST NE 116.14 11.61 127.75 03 30 24 23 0031 69195 511720 595 IRONTON ST NE 295.48 29.55 325.03 23 30 24 41 0012 36515 479480 5704 JACKSON ST NE 184.53 18.45 202.98 14 30 24 41 0077 169405 479790 6415 JACKSON ST NE 598.27 59.83 658.10 11 30 24 14 0008 69615 512130 7441 JACKSON ST NE 942.73 94.27 1,037.00 11 30 24 11 0028 102525 512310 7600 JACKSON ST NE 917.98 91.80 1,009.78 03 30 24 23 0016 139595 512450 510 JANESVILLE ST NE 655.44 65.54 720.98 03 30 24 23 0228 70105 512610 585 JANESVILLE ST NE 666.31 66.63 732.94 04 30 24 14 0007 70265 512770 699 JANESVILLE ST NE 551.30 55.13 606.43 14 30 24 42 0081 161095 480270 6341 JEFFERSON ST NE 1,056.97 105.70 1,162.67 14 30 24 42 0083 37355 480310 6361 JEFFERSON ST NE 300.00 30.00 330.00 14 30 24 32 0013 8965 452240 6270 JUPITER RD NE 827.04 82.70 909.74 14 30 24 11 0012 169415 480580 721 KENNASTON DR NE 323.40 32.34 355.74 14 30 24 11 0017 37695 480650 800 KENNASTON DR NE 408.83 40.88 449.71 Page67�f 9 Delinquent Utiilty Services-2013 PIN Cust ID Loc ID Service Balance Penalty Total 13 30 24 43 0025 38105 481050 6244 KERRY LN NE 213.99 21.40 235.39 03 30 24 22 0086 166345 512780 517 KIMBALL ST NE 541.69 54.17 595.86 03 30 24 22 0090 91825 512870 567 KIMBALL ST NE 497.33 49.73 547.06 03 30 24 23 0127 70475 512980 646 KIMBALL ST NE 250.69 25.07 275.76 12 30 24 14 0016 125905 513280 7470 LAKESIDE RD NE 630.01 63.00 693.01 12 30 24 11 0007 165005 513320 7513 LAKESIDE RD NE 178.74 17.87 196.61 12 30 24 11 0129 95805 513340 7525 LAKESIDE RD NE 273.06 27.31 300.37 03 30 24 42 0085 71195 513690 225 LIBERTY ST NE 768.58 76.86 845.44 03 30 24 42 0079 168205 513730 248 LIBERTY ST NE 667.05 66.71 733.76 25 30 24 21 0063 106295 481360 5209 LINCOLN ST NE 522.31 52.23 574.54 25 30 24 21 0047 142785 481410 5230 LINCOLN ST NE 821.80 82.18 903.98 10 30 24 42 0032 123565 514060 130 LOGAN PKWY NE 553.55 55.36 608.91 03 30 24 42 0030 134935 514200 134 LONGFELLOW ST NE 433.48 43.35 476.83 03 30 24 42 0072 71845 514340 215 LONGFELLOW ST NE 528.65 52.87 581.52 03 30 24 31 0051 135585 514430 281 LONGFELLOW ST NE 288.29 28.83 317.12 03 30 24 31 0064 89575 514600 437 LONGFELLOW ST NE 137.96 13.80 151.76 13 30 24 24 0061 170395 481500 6501 LUCIA LN NE 534.98 53.50 588.48 24 30 24 32 0046 163665 481760 1010 LYNDE DR NE 561.11 56.11 617.22 24 30 24 32 0035 144405 481830 1041 LYNDE DR NE 258.26 25.83 284.09 24 30 24 31 0023 101915 481970 1130 LYNDE DR NE 1,216.22 121.62 1,337.84 11 30 24 24 0059 124355 514670 7310 LYRIC LN NE 833.51 83.35 916.86 11 30 24 12 0010 125935 515060 7549 LYRIC LN NE 239.96 24.00 263.96 23 30 24 13 0073 39585 482530 5720 MADISON ST NE 222.06 22.21 244.27 23 30 24 13 0070 39615 482560 5750 MADISON ST NE 336.91 33.69 370.60 14 30 24 42 0101 140845 482690 6341 MADISON ST NE 292.30 29.23 321.53 27 30 24 44 0011 172635 452260 4500 MAIN ST NE 1,493.19 149.32 1,642.51 23 30 24 22 0077 9515 452790 5905 MAIN ST NE 550.42 55.04 605.46 23 30 24 22 0149 145295 452890 6007 MAIN ST NE 630.97 63.10 694.07 14 30 24 23 0099 114205 452980 6661 MAIN ST NE 2,041.84 204.18 2,246.02 14 30 24 23 0026 9735 453010 6721 MAIN ST NE 412.48 41.25 453.73 24 30 24 43 0003 158665 483940 5353 MATTERHORN CIR NE 382.21 38.22 420.43 12 30 24 14 0034 137465 515190 7436 MCKINLEY ST NE 1,074.80 107.48 1,182.28 12 30 24 12 0072 171375 515620 1361 MEADOWMOOR DR NE 319.02 31.90 350.92 12 30 24 12 0090 116865 515650 1378 MEADOWMOOR DR NE 581.69 58.17 639.86 12 30 24 12 0070 81235 515660 1391 MEADOWMOOR DR NE 437.94 43.79 481.73 24 30 24 41 0058 42375 485310 5558 MEISTER RD NE 256.80 25.68 282.48 24 30 24 41 0053 42425 485360 5578 MEISTER RD NE 373.65 37.37 411.02 24 30 24 41 0051 158125 485380 5586 MEISTER RD NE 373.20 37.32 410.52 11 30 24 13 0105 92125 516520 7432 MELODY DR NE 869.90 86.99 956.89 11 30 24 12 0052 156725 516640 7466 MELODY DR NE 643.04 64.30 707.34 11 30 24 11 0048 121495 516780 7498 MELODY DR NE 791.01 79.10 870.11 11 30 24 13 0094 136475 515950 7367 MEMORY LN NE 580.58 58.06 638.64 11 30 24 13 0097 144975 516000 7375 MEMORY LN NE 214.87 21.49 236.36 11 30 24 13 0087 160555 516010 7376 MEMORY LN NE 878.56 87.86 966.42 11 30 24 13 0090 91865 516090 7386 MEMORY LN NE 707.84 70.78 778.62 14 30 24 32 0022 159865 453080 221 MERCURY DR NE 616.19 61.62 677.81 14 30 24 32 0033 9815 453090 222 MERCURY DR NE 451.92 45.19 497.11 14 30 24 24 0004 41065 484010 421 MISSISSIPPI ST NE 338.53 33.85 372.38 14 30 24 24 0001 123875 484050 495 MISSISSIPPI ST NE 100.00 10.00 110.00 14 30 24 42 0011 124735 484170 574 MISSISSIPPI ST NE 997.28 99.73 1,097.01 14 30 24 41 0112 41435 484380 792 MISSISSIPPI ST NE 692.09 69.21 761.30 13 30 24 13 0021 41875 484810 1361 MISSISSIPPI ST NE 795.75 79.58 875.33 14 30 24 42 0089 84855 485620 6370 MONROE ST NE 337.06 33.71 370.77 14 30 24 41 0028 156255 485630 6371 MONROE ST NE 458.40 45.84 504.24 14 30 24 41 0029 117355 485650 6381 MONROE ST NE 970.98 97.10 1,068.08 14 30 24 14 0060 160355 485700 6555 MONROE ST NE 566.59 56.66 623.25 14 30 24 11 0034 126125 485880 6830 MONROE ST NE 761.51 76.15 837.66 24 30 24 41 0011 146655 486750 1555 NORTH OBERLIN CIR NE 284.90 28.49 313.39 13 30 24 11 0108 102575 516950 1534 NORTH TIMBER RIDGE NE 345.93 34.59 380.52 12 30 24 31 0092 159625 548470 1124 NORTON AVE NE 3,950.12 395.01 4,345.13 Page68�f 9 Delinquent Utiilty Services-2013 PIN Cust ID Loc ID Service Balance Penalty Total 12 30 24 31 0089 160645 548500 1140 NORTON AVE NE 330.61 33.06 363.67 12 30 24 31 0096 164215 548540 1165 NORTON AVE NE 219.27 21.93 241.20 13 30 24 23 0010 129255 486870 6550 OAKLEY DR NE 122.93 12.29 135.22 12 30 24 13 0072 75015 517450 1483 ONONDAGA ST NE 338.41 33.84 37225 12 30 24 14 0003 156655 517600 1618 ONONDAGA ST NE 1,787.94 178.79 1,966.73 12 30 24 12 0058 157465 518220 1392 OSBORNE RD NE 695.05 69.51 764.56 12 30 24 12 0060 143515 518240 1412 OSBORNE RD NE 551.56 55.16 606.72 12 30 24 11 0079 109605 518270 1500 OSBORNE RD NE 258.81 25.88 284.69 14 30 24 11 0110 129265 487250 741 OVERTON DR NE 786.22 78.62 864.84 14 30 24 11 0123 151095 487300 810 OVERTON DR NE 122.29 12.23 134.52 14 30 24 11 0122 145595 487320 820 OVERTON DR NE 674.42 67.44 741.86 14 30 24 14 0097 169605 487590 6750 OVERTON DR NE 706.64 70.66 777.30 13 30 24 22 0053 91625 488540 921 PANDORA DR NE 531.69 - 53.17 584.86 25 30 24 21 0015 44825 487720 5216 PIERCE ST NE 817.00 81.70 898.70 13 30 24 31 0029 152185 487820 6325 PIERCE ST NE 866.66 86.67 953.33 13 30 24 24 0112 139955 488190 6610 PIERCE ST NE 352.73 35.27 388.00 14 30 24 23 0058 88435 453800 6731 PLAZA CUR NE 547.18 54.72 601.90 24 30 24 32 0012 146685 488680 5650 POLK ST NE 8,951.91 895.19 9,847.10 14 30 24 41 0017 46095 488980 6330 QUINCY ST NE 287.20 28.72 315.92 14 30 24 41 0015 105215 489020 6350 QUINCY ST NE 230.76 23.08 253.84 14 30 24 33 0024 157055 454110 6181 RAINBOW DR NE 264.25 26.43 290.68 14 30 24 33 0016 10975 454250 6261 RAINBOW DR NE 178.04 17.80 195.84 24 30 24 31 0099 168615 489250 5530 REGIS DR NE 213.14 21.31 234.45 24 30 24 31 0093 46455 489340 5650 REGIS DR NE 503.36 50.34 553.70 24 30 24 31 0104 159225 489390 5720 REGIS DR NE 572.30 57.23 629.53 24 30 24 31 0054 85195 489430 5503 REGIS TRAIL NE 743.59 74.36 817.95 13 30 24 44 0007 116315 489760 1520 RICE CREEK RD NE 732.38 73.24 805.62 13 30 24 44 0108 141125 489950 1630 RICE CREEK RD NE 821.63 82.16 903.79 13 30 24 44 0002 151125 547960 1632 RICE CREEK RD NE 262.27 26.23 288.50 14 30 24 23 0029 157065 455160 210 RICE CREEK TER NE 535.62 53.56 589.18 14 30 24 22 0081 143905 455230 241 RICE CREEK TER NE 810.50 81.05 891.55 14 30 24 21 0047 94245 490200 315 RICE CREEK TER NE 86.48 8.65 95.13 14 30 24 21 0048 170465 490210 333 RICE CREEK TER NE 81.33 8.13 89.46 14 30 24 24 0073 151195 490320 434 RICE CREEKTER NE 1,530.25 153.03 1,683.28 13 30 24 22 0014 133735 491300 1024 RICE CREEK TER NE 364.48 36.45 400.93 15 30 24 43 0069 111425 454260 100 RIVER EDGE WAY NE 381.29 38.13 419.42 15 30 24 43 0068 162245 454280 104 RIVER EDGE WAY NE 481.42 48.14 529.56 15 30 24 43 0083 139505 454330 113 RIVER EDGE WAY NE 1,369.29 136.93 1,506.22 15 30 24 43 0016 142345 454700 6230 RIVERVIEW TER NE 423.68 42.37 466.05 15 30 24 43 0025 148005 454750 6291 RIVERVIEW TER NE 248.39 24.84 273.23 15 30 24 42 0023 11565 454840 6417 RIVERVIEW TER NE 2,051.49 205.15 2,256.64 15 30 24 42 0086 11645 454920 6440 RIVERVIEW TER NE 721,73 72.17 793.90 15 30 24 42 0009 173615 454980 6472 RIVERVIEW TER NE 616.04 61.60 677.64 15 30 24 42 0030 11745 455020 6480 RIVERVIEW TER NE 519.48 51.95 571.43 03 30 24 23 0233 159585 519780 8141 RIVERVIEW TER NE 388.89 38.89 427.78 10 30 24 42 0065 . 14015 522690 7126 RIVERWOOD DR NE 1,305.67 130.57 1,436.24 03 30 24 24 0053 161585 520100 8161 RUTH CIR NE 382.43 38.24 420.67 03 30 24 24 0042 102615 519940 8066 RUTH ST NE 826.34 82.63 908.97 03 30 24 24 0040 156685 519980 "8118 RUTH ST NE 351.63 35.16 386.79 03 30 24 24 0049 77675 520070 8145 RUTH ST NE 649.47 64.95 714.42 15 30 24 41 0085 90015 455740 115 SATELLITE LN NE 631.62 63.16 694.78 24 30 24 34 0062 130015 491760 1300 SKYWOOD CT NE 451.88 45.19 497.07 24 30 24 34 0004 173725 491750 1298 SKYWOOD LN NE 415.66 41.57 457.23 24 30 24 34 0049 138815 491920 1350 SKYWOOD LN NE 139.30 13.93 153.23 24 30 24 34 0029 168735 491960 1365 SKYWOOD LN NE 416.47 41.65 458.12 24 30 24 44 0025 166855 492500 1540 SOUTH OBERLIN CIR NE 478.99 47.90 526.89 24 30 24 44 0021 49705 492580 1556 SOUTH OBERLIN CIR NE 466.97 46.70 513.67 13 30 24 11 0122 155705 521730 1512 SOUTH TIMBER RIDGE NE 511.01 51.10 562.11 13 30 24 11 0116 79365 521740 1515 SOUTH TIMBER RIDGE NE 909.96 91.00 1,000.96 13 30 24 11 0125 79415 521790 1524 SOUTH TIMBER RIDGE NE 343.02 34.30 377.32 Page69�f 9 Delinquent Utiilty Services-2013 PIN Cust ID Loc ID Service Balance Penalty Total 25 30 24 11 0054 136955 491440 5290 ST IMIER DR NE 353.36 35.34 388.70 15 30 24 44 0091 12875 456120 6200 STARLITE BLVD NE 119.35 11.94 131.29 15 30 24 41 0093 151795 549040 6435 STARLITE CIR NE 400.61 40.06 440.67 13 30 24 14 0027 174665 492420 6540 STINSON BLVD NE 177.51 17.75 195.26 10 30 24 12 0076 77955 520350 146 STONYBROOK WAY NE 695.46 69.55 765.01 14 30 24 33 0045 157075 456580 6240 SUNRISE DR NE 627.95 62.80 690.75 15 30 24 41 0052 113115 456610 101 SYLVAN LN NE 822.77 82.28 905.05 10 30 24 14 0036 145995 520720 24 TALMADGE WAY NE 217.44 21.74 239.18 10 30 24 13 0005 78425 520820 115 TALMADGE WAY NE 367.82 36.78 404.60 25 30 24 22 0025 140955 492840 5201 TAYLOR ST NE 411.98 41.20 453.18 25 30 24 22 0037 50015 492880 5234 TAYLOR ST NE 1,274.58 127.46 1,402.04 25 30 24 22 0028 90105 492890 5235 TAYLOR ST NE 1,147.42 114.74 1,262.16 25 30 24 22 0036 152335 492900 5250 TAYLOR ST NE 737.25 73.73 810.98 11 30 24 24 0018 129925 521030 7321 TEMPO TER NE 628.93 62.89 691.82 11 30 24 24 0016 145045 521070 7341 TEMPO TER NE 757.92 75.79 833.71 11 30 24 13 0062 149205 521280 7440 TEMPO TER NE 852.86 85.29 938.15 11 30 24 12 0044 79055 521430 7519 TEMPO TER NE 612.43 61.24 673.67 11 30 24 12 0033 79145 521520 7534 TEMPO TER NE 502.86 50.29 553.15 24 30 24 24 0042 166815 493640 5824 TENNISON DR NE 459.64 45.96 505.60 24 30 24 24 0043 173095 493660 5832 TENNISON DR NE 242.79 24.28 267.07 24 30 24 24 0061 136965 493710 5855 TENNISON DR NE 146.96 14.70 161.66 14 30 24 33 0070 159815 457030 6131 TRINITY DR NE 318.34 31.83 350.17 15 30 24 44 0045 163355 457100 6170 TRINITY DR NE 458.27 45.83 504.10 14 30 24 33 0087 122985 457250 6251 TRINITY DR NE 555.01 55.50 610.51 25 30 24 11 0082 154775 493460 1542 TROLLHAGEN DR NE 574.00 57.40 631.40 25 30 24 11 0049 138875 493550 1591 TROLLHAGEN DR NE 793.95 79.40 873.35 14 30 24 34 0004 133775 494260 6201 UNIVERSITY AVE NE 153.81 15.38 169.19 14 30 24 34 0004 51415 494270 6205 UNIVERSITY AVE NE 357.95 35.80 393.75 14 30 24 34 0004 51435 494290 6225 UNIVERSITY AVE NE 2,001.21 200.12 2,201.33 14 30 24 34 0004 51455 494310 6243 UNIVERSITY AVE NE 178.13 17.81 195.94 14 30 24 34 0004 128175 494340 6253 UNIVERSITY AVE NE 760.47 76.05 836.52 14 30 24 23 0098 14955 458200 6540 UNIVERSITYAVE NE 1,786.30 178.63 1,964.93 11 30 24 34 0002 174455 521940 7011 UNIVERSITY AVE NE 4,915.99 491.60 5,407.59 11 30 24 24 0090 115135 522010 7313 UNIVERSITY AVE NE 197.54 19.75 217.29 11 30 24 24 0090 79645 522020 7315 UNIVERSITY AVE NE 281.36 28.14 309.50 11 30 24 24 0096 118015 522150 7385 UNIVERSITY AVE NE 961.09 96.11 1,057.20 11 30 24 24 0096 139255 522160 7387 UNIVERSIIY AVE NE 582.31 58.23 640.54 11 30 24 24 0137 133205 522170 7397 UNIVERSITYAVENE 1,781.86 178.19 1,960.05 11 30 24 24 0137 133215 522190 7399 UNIVERSITY AVE NE 856.51 85.65 942.16 02 30 24 33 0009 80075 522440 7700 UNIVERSITY AVE NE 428.69 42.87 471.56 14 30 24 44 0002 132425 493790 6280 VAN BUREN ST NE 258.51 25.85 284.36 14 30 24 41 0104 133765 493840 6301 VAN BUREN ST NE 81.17 8.12 89.29 14 30 24 41 0064 163775 494030 6425 VAN BUREN ST NE 580.01 58.00 638.01 11 30 24 11 0069 124425 523100 7528 VAN BUREN ST NE 1,491.59 149.16 1,640.75 11 30 24 11 0081 161605 523130 7555 VAN BUREN ST NE 701.54 70.15 771.69 23 30 24 13 0092 115985 496180 5837 WASHINGTON ST NE 1,338.17 133.82 1,471.99 23 30 24 13 0096 128195 496260 5885 WASHINGTON ST NE 309.57 30.96 340.53 14 30 24 12 0011 128205 496560 6830 WASHINGTON ST NE 754.19 75.42 829.61 24 30 24 44 0090 144805 494620 1564 WEST BAVARIAN CT NE 314.47 31.45 345.92 24 30 24 41 0257 145685 495040 5624 WEST BAVARIAN PASS NE 139.65 13.97 153.62 24 30 24 41 0218 131135 495070 5627 WEST BAVARIAN PASS NE 279.35 27.94 307.29 24 30 24 41 0247 161825 495150 5653 WEST BAVARIAN PASS NE 266.96 26.70 293.66 24 30 24 41 0200 126355 495410 5693 WEST BAVARIAN PASS NE 235.84 23.58 259.42 24 30 24 44 0162 172025 497520 5421 WEST BRENNER PASS NE 214.20 21.42 235.62 24 30 24 43 0046 54345 497170 1418 WEST DANUBE RD NE 439.83 43.98 483.81 25 30 24 11 0065 157965 497040 1535 WINDEMERE DR NE 495.55 49.56 545.11 13 30 24 44 0067 154715 498010 1591 WOODSIDE CT NE 1,073.16 107.32 1,180.48 13 30 24 44 0016 55285 498090 1629 WOODSIDE CT NE 459.13 45.91 505.04 24 30 24 21 0046 146855 497700 6053 WOODY LN NE 649.30 64.93 714.23 13 30 24 43 0070 117595 497860 6105 WOODY LN NE 868.04 86.80 954.84 Page��f 9 Delinquent Utiilty Services-2013 PIN Cust ID Loc ID Service Balance Penaity Total 13 30 24 43 0067 172035 497900 6127 WOODY LN NE 167.76 16.78 184.54 13 30 24 43 0062 55095 497910 6128 WOODY LN NE 463.38 46.34 509.72 Count 474 Subtotal Active Accounts $292,504.54 $29,250.45 $321,754.99 Final Billed Accounts: 23 30 24 43 0080 144115 463750 533 53 1/2 AVE NE 133.55 13.36 146.91 23 30 24 21 0051 18315 461500 5980 6 ST NE 37.98 3.80 41.78 15 30 24 41 0043 119165 448380 15 63 WAY NE 103.48 10.35 113.83 15 30 24 43 0023 171815 448570 182 63 WAY NE 63.98 6.40 70.38 13 30 24 42 0014 172725 466340 1403 64 AVE NE 534.80 53.48 588.28 14 30 24 23 0072 6865 450160 230 67 AVE NE 140.72 14.07 154.79 14 30 24 24 0093 120875 463080 6736 7 ST NE 205.04 20.50 225.54 14 30 24 41 0006 161045 470690 725 BENNETT DR NE 25.00 2.50 27.50 13 30 24 21 0009 157895 472570 6715 CHANNEL RD NE 323.56 32.36 355.92 24 30 24 44 0223 172745 473650 5447 EAST BRENNER PASS NE 215.14 21.51 236.65 23 30 24 33 0028 170015 451660 5388 HORIZON DR NE 48.92 4.89 53.81 03 30 24 42 0078 162125 513710 236 LIBERTY ST NE 93.22 9.32 102.54 13 30 24 41 0084 47 12648 1660 MISSISSIPPI ST NE"ALGAE TR 138.09 50.00 188.09 25 30 24 11 0050 129325 493560 1595 TROLLHAGEN DR NE 30.92 3.09 34.01 14 30 24 34 0004 104195 494330 6251 UNIVERSITY AVE NE 53.67 5.37 59.04 Count 15 Subtofal Final Billed Accounts $2,148.07 $ 251.00 $ 2,399.07 Grand Total Active&Finals $294,652.61 $29,501.45 $324,154.06 Page,�i�f 9 � AGENDA ITEM cmroF CITY COUNCIL MEETING OF OCTOBER 28, 2013 FRIDLEY TO: Walter T. Wysopal, City Manager PW13-071 FROM: James Kosluchar, Public Works Director DATE: October 25, 2013 SUBJECT: Resolution to Approve an Agreement with the Minnesota Department of Transportation for Mississippi River Trail Signage The Mississippi River Trail (MRT) is a bicycle route that is established on the shoulders of existing low-traffic paved raads and trails starting at the headwaters at Lake Itasca and ending at the Gulf of Mexico. According to the Minnesota Department of Transportation (MNDOT), the route is steeped in natural and cultural heritage, offers great beauty, and is one of the most significant bicycling opportunities available within America. MNDOT, along with other agencies, has been working to develop the potential of the MRT, with work to maintain statewide mapping of the MRT, create a marketing platform for its future promotion, and finally to create a convenient interactive map for future users. As part of work to designate the MRT, the City of Fridley has been working with MNDOT to develop a signing plan on road segments within the City. The attached agreement establishes that MNDOT will install 10 Route Signs, 1 Trail Sign, and 6 Turn Arrow Signs along the corridor. The maintenance of these signs will be the responsibility of the City of Fridley as established by the agreement. MNDOT will provide replacement signage when needed. MNDOT has offered the opportunity for staff to review the plans for signage and staff has agreed with the installation locations. Staff is recommending that the City Council move to approve the attached resolution to Ap rp ove A Cooaerative Construction Aqreement with the Minnesota Department of Transportation to Enab/e Installation and Maintenance of Mississiapi River Trail (MRT) Sipnage. Upon approval, the agreement will be executed with by the parties and installation will commence in 2014. JPK/jpk Attachment 72 RESOLUTION NO. 2013 - A RESOLUTION TO APPROVE A COOPERATIVE CONSTRUCTION AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO ENABLE INSTALLATION AND MAINTENANCE OF MISSISSIPPI RIVER TRAIL (MRT) SIGNAGE WHEREAS,the Minnesota Department of Transportation(MNDOT)in cooperation with road and trail authorities have proposed a specific route to be designated as the Mississippi River Trail(USBR 45), a map of which is herein incorporated into this resolution by reference; and WHEREAS,the City of Fridley has duly considered said proposed route and determined it to be a suitable route through the City of Fridley and desire that the route be formally designated so that it can be appropriately mapped and signed,thereby promoting bicycle tourism locally and throughout Minnesota along the Mississippi River; and WHEREAS,the City Council of the City of Fridley approved Resolution 2012-87 that expressed its approval and support for the development of the Mississippi River Trail(LJSBR 45)and requested that the appropriate government officials take action to officially designate the route accordingly as soon as possible; and WHEREAS MNDOT has prepared the attached Cooperative Construction Agreement which identifies the roles and responsibilities relating to the installation and maintenance of signage to provide for the proper designation of the Mississippi River Trail(USBR 45), and NOW THEREFORE,BE TT RESOLVED BY THE CITY COUNCIL OF TI�E CITY OF FRIDLEY, MINNESOTA,that the City of Fridley enter into the attached cooperative construction agreement with the State of Minnesota Department of Transportation to provide for installation and maintenance of signage for designation of the Mississippi River Trail(L1SBR 45), AND THEREFORE,BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28`b DAY OF OCTOBER 2013. ATTEST: SCOTT J. LLJND—MAYOR DEBRA A. SKOGEN- CITY CLERK 73 . ' .�..�_.._.._ L.. _t�..�..�..�..�.._..�.. . . . Coon;Rapids,�'�`"""-' �. i ; _ ; Mississippi River Trail(MRT) i •y,� . - Bicycle Route Map ,` ejYa� �,°�i �; _ City of Fridley . , . a ,., ,• �' . � �, ----, � ��`S�NE � �� ' � Counry Boundery �MRT Route on Municipel Street _'._..�. l. .: ._._. �i�� . . . �. .;.. ... . . l.. ..1 Ciy Boundary ........- Rest of MRT Roule �� m � � ' � � � � � j Open Water —MNDOT Highways . !�� .. � .. �., . �, , ... ��... : .. .. ..... .__ OtherRoeds ,+i Z ._.. ?�... ' ` 1 . �� .. . �,, ' ' �� " � /\ Januery11.2012 . .. �it• � _. _ _- ___ �y�,�, . . �`�.��.`�yi��'- 47 �� . E /N ��,lR. � �, � � _ � _ _ �.._ � i Mounds!View �\ �>, Y� . .�.._..� _ � • •f �•'_• ' — 'i - � . . �a�, __ .. , � . ._. _�. . " ,. . : � I . ♦ �� _ :, . � � 1 .. 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'� ' � � • ..� � � . . �, �•.�..� ..�..� � �..� Y . ._.. � ' . ,.. .. , �. . � ' . ' � : �' ' '� � ... . ,1 . . . i � • ' j j _ � 85 � , . „ � • � � ; , , . ' ' _ f , , ._ .h.' ' � -�.—.��.:�. . __ .. . ... . . �� . . . ' -.. . . . , . +...._ � 1 '' �� ; • � � . . ._.. ..�_ ;1 � � � ; ; . � ' '. : r I � , , � . � 1 - 1 � < < , , F' —�Hilltop` � _ _ _ ..� i ! � , , . � E� � �� r' � �� ....:_.�.-••-••�- ; . � ; � ; � � , , :i � ; ' ' � � Col;uinbia Heights- ,� � ; , . �� c � � r , , , ; , . . � � y _ . ' ? .. ._ � � �, -. i a� ; , -- _ _ i i v • ; ; � , , s , - � - ' - -- ' - ;' � ; ; � Minnea_olis A �t P .' '. Saint Anthon ; . , ; :' � ; ; i ! '.+.._, _ � ,_� i ; ' — � -- �' i — � � tr_ _ _---�- - - - - _ --.- - �. _ '-__,74'- - - - - - - - - - - - -.Saint.i�4nthon. RESOLUTION NO.2012-87 A RESOLUTTON OF THE CITY OF FRIDLEY,MINNESOTA STATING ITS SUPPORT FOR THE DEVELOPMENT OF THE MISSISSIPPI RIVER TRAIL(U.S.BICYCLE ROUTE 45). WHEREAS, bicycle tourism is a growing industry in North America, presently contributing approacimately$47 billion dollars a year nationally to the economies of communities that provide facilities for said tourism;and WHEREAS, the American Association of State Highway and Transportation Officials (AASHTO) has designated a corridor along the Mississippi River to be developed as United States Bike Route 45;and WHEREAS,the Minnesota Department of Transportation has convened several public meetings during the previous eighteen months locally and throughout the river's comdor to gather information, review route alternatives and to provide assistance;and WHEREAS,the Minnesota Department of Transportation in coopera.tion with road and trail authorities have proposed a specific route to be designated as the Mississippi River Trail(USBR 45),a map of w}uch is herein incorporated into this resolution by reference;and WHEREAS,the proposed Mississippi River Trail(USBR 45)traverses through the City of Fridley and is expected to provide a benefit to local residents and businesses;and WHEREAS, the Minnesota Depariment of Transporta.tion will continue to maintain statewide mapping and information regazding Mississippi River Trail (USBR 45), convene meetings and facilitate the resolution of issues and future alignment revisions within the State, WHEREAS, the City of Fridley has duly considered said proposed route and determined it to be a suitable route through the City of Fridley and desire that the route be forxnally designated so that it can be appropriately mapped and signed, thereby promoting bicycle tourism locally and throughout Minnesata along the Mississippi River. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Fridley that it hereby expresses its approval and support for the development of the Mississippi River Trail (USBR 45) and requests that the appropriate government officials take action to officially designate the route accordingly as soon as possible. ALL RESOLUTIONS AND PARTS OF RESOLUTIONS INSOFAR AS THEY CONFLICT WITH TI� PROVISIONS OF THIS RESOLUTION BE AND THE SAME ARE HEREBY RESCINDED. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF DECEMBER 2012. � � Sco J.Lund,Mayor ATTEST: Debra A. Skogen,C' Clerk 75 Mn/DOT Contract No: 04430 � STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF FRIDLEY COOPERATIVE CONSTRUCTION AGREEMENT State Project Number(S.P.): 8825-486 Estimated Amount Receivable Fed. Project Number(S.P.): SB11MN(007) None Trunk Highway Number(T.H.): Various Routes State Aid Project Number(S.P.): 088-060-002 State Aid Project Number(S.P.): 091-060-103 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation("State")and CITY OF FRIDLEY acting through its City Council("City"). Recitals 1. The State will perform Mississippi River Trail(NIRT)sign installation construction and other associated construction upon, along and adjacent to vazious Trunk Highways,County Roads, City Streets,Township Roads,or trails according to State-prepared plans,specifications and special provisions designated by the State as State Project No. 8825-486("Project");and 2. The City has stated its support of the development of the Mississippi River Trail(MRT)which traverses City roadways and trails in accordance with Resolution of Support dated December 3,2012; and 3. The State wishes to sign the route and will do so through a construction contract;and 4. The State requests that the City grant the State and its contractor the right to enter upon City right of way or property for the purpose of installing the MRT signs,including posts and hardware as needed,along the designated routes; and 5. The State requests and the City agrees to maintain the signs in accordance with City standard maintenance practices; and 6. Minnesota Statutes § 160.266,subdivision 4 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority to establish,develop,maintain,and operate the bikeway and to interpret associated natural and cultural resources. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Ezhibits 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05,subdivision 2. 1.2. Expiration date.This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival ojterms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including,without limitation,the following clauses:4.Maintenance by the City;7.Liability;Worker Compensation Claims; 9. State Audits; 10. Government Data Practices; 11. Governing Law;Jurisdiction; Venue;and 13. Force Majeure. 1.4. Renewal of Contract. At the time the MRT sign panels require systematic renewal,the parties will review this agreement. -1- 76 Mn/DOT Contract No: 04430 1.5. Plans,Specifications,Special Provisions. Plans,specifications and special provisions designated by the State as State Project No. 8825-486 are on file in the office of the Commissioner of Transportation at St.Paul,Minnesota,and incorporated into this Agreement by reference. ("Project Plans") 1.6. ExhibitA. Proposed MRT route along with the resolution of support are attached and incorporated into this Ageement. 2. Construction by the State 2.1. ContractAward The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans, at no cost to the City.The State has obtained funding for the fabrication of the panels and the installation of the signs from the Mississippi River Parkway Commission of Minnesota agreement SB11MN(007). 2.2. Direction,Supervision and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B. Inspectaon by the City. The City sign installation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective,the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement. 3. Permit to Construct The City,at no cost to the State,hereby grants to the State and its contractor,an immediate right of entry and permit to perform the sign installation construction,the location of such work is available on the Project Plans. 4. Maintenance by the City. A. Upon completion of the project,the City agrees to maintain the signs in accordance with City standard maintenance practices. B. The State will fabricate a limited number of additional sign panels to replace those panels that may become damaged or destroyed. The City may request replacement of damaged or destroyed MRT sign panels, and if available they will be provided at no cost. 5. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 5.1. T'he State's Authorized Representative will be: Name/Title: Tim Mitchell,Bicycle and Pedestrian Coordinator, (or successor) Address: 395 John Ireland Boulevazd,Mailstop 315, St. Paul,MN 55155 Telephone: (651)-366-4162 E-Mail: tim.mitchellna,state.mn.us 5.2. The City's Authorized Representative will be: Name/Title: James Kosluchar,Public Works Director (or successor) Address: 6431 University Avenue NE,Fridley,MN 55432-4383 Telephone: (763)571-3450 E-Mail koslucharj@ci.fridley.mn.us -2- 77 Mn/DOT Contract No: 04430 6. Assignment;Amendments; Waiver; Contract Complete 6.1. Assignment.Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreernent, executed and approved by the same parties who executed and approved this Ageement,or their successors in office. 6.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 6.3. Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision or the party's right to subsequently enforce it. 6.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City.No other understanding regarding this Agreement,whether written or oral,may be used to bind either party. 7. Liability;Worker Compensation Claims 7.1. Each party is responsible for its own acts,omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 7.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 8. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 9. State Audits Under Minnesota Statutes § 16C.05, subdivision 5,the City's books,records,documents,and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Agreement. 10. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement,and as it applies to all data created, collected,received, stored,used,maintained, or disseminated by the City under this Agreement.The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 11. Governing Law;Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 12. Termination; Suspension 12.1.By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 12.2. Termination for Insujficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project.Termination must be by written or faac notice to the City. -3- 78 Mn/DOT Contract No: 04430 12.3.Suspension. In the event of a total or partial government shutdown,the State may suspend this Agreement and all work,activities and performance of work authorized through this Agreement. 13. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in performance),if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control,including but not limited to,unusually severe weather,fire, floods,other acts of God, labor disputes,acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -4- 79 Mn/DOT Contract No: 04430 CITY OF FRIDLEY DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully Recommended for Approval: executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: (District Engineer) BY� Date: Title: Approved: Date: gy: (State Design Engineer) By: Date: Title: Date: COMNIISSIONER OF ADNIINISTRATION By: (With delegated authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -5- 80 � AGENDA ITEM � COUNCIL MEETING OF OCTOBER 28, 2013 °n aF CLA1 MS FRIDLEY CLAIMS 1310 (ACH-Pcard) 161481 - 161623 � 81 PREPARED 10/24/2013, 13:14:23 A/P CHECKS BY PERIOD AND YEAR PAGE 1 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/14/2013 TO 10/25/2013 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/24/2013 1310 U.S. BANK TRUST N.A. 21038 5,536.83 101-0220-415.42-20 10/07/2013 OFFICE SUPPLIES OFFICE MAX 10/2013 58.33 101-0220-415.42-21 10/07/2013 CONF MTG BEVERAGES WALGREENS 10/2013 9.64 101-0220-415.42-21 10/07/2013 WRK SESSION SANDWICHES JIMMY JOHNS 10/2013 54.62 101-0220-415.42-20 10/07/2013 OFFICE SUPPLIES OFFICEMAX 10/2013 35_96 101-0220-415.42-21 10/07/2013 WRK SESSION SUPPLIES TARGET 10/2013 7.99 101-0330-415.42-20 10/07/2013 OFFICE SUPPLIES OFFICEMAX 10/2013 4.60 101-0331-415.42-20 10/07/2013 OFFICE SUPPLIES OFFICEMAX 10/2013 78.07 101-0331-415.43-37 10/07/2013 MNGFOA CONF-DARIN,SHELLY ARROWWOOD 10/2013 461.72 101-0332-415.43-31 10/07/2013 ANNUAL SUBSCRITION LAW BULLETIN 10/2013 85.00 101-0333-415.42-21 10/07/2013 SUPPLIES OFFICEMAX 10/2013 14.43 101-0334-415.42-20 10/07/2013 OFFICE SUPPLIES OFFICEMAX 10/2013 211.64 101-0440-425.42-12 10/07/2013 MOCIC CONF FUEL MISC 10/2013 164.60 101-0440-425.42-20 10/07/2013 OFFICE SUPPLIES OFFICEMAX 10/2013 136.56 101-0440-425.43-33 10/07/2013 TRITECH CONF AIRFARE/BAGS DELTA AIR 10/2013 581.80 101-0440-425.43-37 10/07/2013 MOCIC CONF EXPENSES MISC 10/2013 586.82 101-0440-425.43-37 10/07/2013 TRITECH CONF EXPENSES MISC 10/2013 70.45 101-0550-425.42-20 10/07/2013 OFFICE SUPPLIES OFFICEMAX 10/2013 169.83 101-0550-425.42-21 10/07/2013 PSDS CONF FOOD-CTY REIMB MISC 10/2013 13.83 101-0550-425.42-21 10/07/2013 OPEN HOUSE FOOD NELSON CHEESE 10/2013 327.80 101-0550-425.42-21 10/07/2013 PSDS CONF FOOD STARBUCKS 10/2013 9.18 101-0550-425.42-21 10/07/2013 TRAINING REFRESHMENTS CUB 10/2013 7.69 N�01-0550-425.43-33 10/07/2013 PSDS CONF BAGGAGE DELTA AIR 10/2013 25.00 .01-0669-435.42-20 10/07/2013 OFFICE SUPPLIES OFFICEMAX 10/2013 237.55 101-0770-455.42-20 10/07/2013 OFFICE SUPPLIES OFFICEMAX 10/2013 35.16 101-0770-455.42-21 10/07/2013 SR TRIP ADMISSIONS PADDLEFORD 10/2013 796 .00 101-0770-455.42-21 10/07/2013 SR TRIP ADMISSIONS ST CROIX BOAT 10/2013 323.20 101-0770-455.42-21 10/07/2013 BOOK GREAT DECISIONS PROG MN INTL CON 10/2013 234.91 101-0770-455.42-21 10/07/2013 PIES FALL SOCIAL 50'S GRILL 10/2013 227. 05 225-0000-415.42-20 10/07/2013 OFFICE SUPPLIES OFFICEMAX 10/2013 13 .65 270-0771-455.42-21 10/07/2013 MICROPHONE/SOFTWARE B&H PHOTO 10/2013 165.26 270-0771-455.42-22 10/07/2013 DRILL BATTERIES AMAZON 10/2013 62 .64 101-0334-415.42-21 10/07/2013 OFFICE SUPPLIES OFFICEMAX 10/2013 13.88 101-0770-455.42-21 10/07/2013 HALLOWEEN PRTY SUPPLIES ORIENTAL TRDG 10/2013 292.36 101-0440-425.43-37 10/07/2013 MOCIC CONF EXPENSES MISC 10/2013 19.61 10/17/2013 161481 ANOKA COUNTY CENTRAL COMMUNICA 1005 681.32 101-0440-425.43-40 10/08/2013 SEPT WIRELESS ACCESS SERV 2013345 10/2013 681.32 10/17/2013 161482 DON ABBOTT 1086 50.00 101-0440-425.43-32 10/14/2013 CELL PHONE REIMB-OCT 10/2013 50.00 10/17/2013 161483 ASPEN MILLS INC 1161 238.50 101-0550-425.42-17 10/O1/2013 FIRE BOOTS 140423 10/2013 238.50 10/17/2013 161484 ADVANCE SHORING COMPANY 1304 195.58 408-0005-415.43-41 09/30/2013 RAMP SUPPORT RENTAL FEE 0913290 10/2013 195.58 10/17/2013 161485 BROCK WHITE CO 2094 100.78 101-0661-435.42-22 09/24/2013 EROSION CONTROL MATERIALS 1236369700 10/2013 100.78 PREPARED 10/24/2013, 13 :14:23 A/P CHECKS BY PERIOD AND YEAR PAGE 2 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/14/2013 TO 10/25/2013 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/17/2013 161486 LUANN BURGER 2134 105.00 101-0720-455.43-40 10/14/2013 GYMNASTIC INSTRUCTION 10/2013 105.00 10/17J2013 161487 DALLAS INTERNATIONAL 3070 15.92 101-0880-465.42-21 10/08/2013 EARTIPS 50026 10/2013 15.92 10/17/2013 161488 CONTINENTAL RESEARCH CORP 3159 2, 939.06 602-7000-415.42-22 10/07/2013 SOY FLOATS 393878CRC7 10/2013 2, 939.06 10/17/2013 161489 CENTERPOINT ENERGY-MINNEGASCO 3252 248.59 101-0669-435.43-38 10/07/2013 UTILITIES 55703078 10/2013 166.59 601-7000-415.43-38 10/07/2013 UTILITIES 55134407 10/2013 13.46 270-0771-455.43-38 10/07/2013 UTILITIES 55302905 10/2013 20.23 609-9100-415.43-38 10/07/2013 UTILITIES 97917173 10/2013 48.31 10/17/2013 161490 CENTURY LINK 3296 51.21 101-0221-415.43-32 10/03/2013 LONG DIST PHONE SERV 1276584712 10/2013 8.57 101-0331-415.43-32 10/03/2013 LONG DIST PHONE SERV 1276584712 10/2013 2.76 101-0332-415.43-32 10/03/2013 LONG DIST PHONE SERV 1276584712 10/2013 2.49 101-0334-415.43-32 10/03/2013 LONG DIST PHONE SERV 1276584712 10/2013 .47 101-0440-425.43-32 10/03/2013 LONG DFST PHONE SERV 1276584712 10/2013 30.29 101-0661-435.43-32 10/03/2013 LONG DIST PHONE SERV 1276584712 10/2013 .23 �� 01-0880-465.43-32 10/03/2013 LONG DIST PHONE SERV 1276584712 10/2013 .48 W 01-0881-465.43-32 10/03/2013 LONG DIST PHONE SERV 1276584712 10/2013 2.71 101-0770-455.43-32 10/03/2013 LONG DIST PHONE SERV 1276584712 10/2013 .95 270-0771-455.43-32 10/03/2013 LONG DIST PHONE SERV 1276584712 10/2013 .38 227-0000-415.43-32 10/03/2013 LONG DIST PHONE SERV 1276584712 10/2013 .30 101-0550-425.43-32 10/03/2013 LONG DIST PHONE SERV 1276584712 10/2013 1.58 10/17/2013 161491 CREATIVE METAL WORKS 3315 60.00 101-0669-435.43-40 10/O1/2013 REPAIR ALUMINUM CASTING 10/2013 60.00 10/17/2013 161492 DALCO 4078 364 .35 101-0669-435.42-22 10/09/2013 RESTROOM SUPPLIES 2662858 10/2013 254.57 101-0669-435.42-22 10/09/2013 RESTROOM SUPPLIES 2662858 10/2013 68.25 101-0668-435.42-22 10/09/2013 SIGN SHOP GLOVES 2662858 10/2013 41.53 10/17/2013 161493 DATA RECOGNITION CORPORATION-D 4124 2,408.31 601-6000-415.43-32 10/11/2013 METER CARD POSTAGE 2085EPT13 10/2013 336.22 602-6000-415.43-32 10/11/2013 METER CARD POSTAGE 208SEPT13 10/2013 165.60 601-6000-415.43-35 10/11/2013 METER CARDS 80294 10/2013 780.63 601-6000-415.43-35 10/11/2013 STATEMENTS 80341 10/2013 511.74 601-6000-415.43-32 10/11/2013 STATEMENT POSTAGE 206SEPT13 10/2013 411.46 602-6000-415.43-32 10/11/2013 STATEMENT POSTAGE 206SEPT13 10/2013 202 .66 10/17/2013 161494 DON HARSTAD CO INC 4125 395.59 101-0669-435.43-40 10/07/2013 REPAIR GARAGE SEC GATE 130343 10/2013 395.59 10/17/2013 161495 E.C.M. PUBLISHERS INC 5001 130.80 101-0881-465.43-34 10/09/2013 LEGAL NOTICE-SP13-12 31057 10/2013 59. 95 PREPARED 10/24/2013, 13:14:23 A/P CHECKS BY PERIOD AND YEAR PAGE 3 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/14/2013 TO 10/25/2013 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CAECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 573-0000-435.43-34 09/26/2013 LEGAL NOTICE-ASSESSMENTS 28318 10/2013 70.85 10/17/2013 161496 ESS BROTHERS & SONS INC 5014 649.27 603-7000-415.42-22 09/25/2013 MANHOLE RINGS SS5920 10/2013 649.27 10/17/2013 161497 EMERGENCY AUTOMOTIVE TECHNOLOG 5073 15,654.76 410-0440-425.45-40 09/30/2013 V#384 NEW SQUAD SETUP 11561 10/2013 5,855.46 410-0440-425.45-40 09/30/2013 V#382 NEW SQUAD SETUP 11465 10/2013 9,799_30 10/17/2013 161498 FLAT ROCK GEOGRAPHICS 6144 960.00 601-7000-415.43-40 10/11/2013 MAPPING/DATA COLLECTION 10/2013 320.00 602-7000-415.43-40 10/11/2013 MAPPING/DATA COLLECTION 10/2013 320.00 603-7000-415.43-40 10/11/2013 MAPPING/DATA COLLECTION 10/2013 320.00 10/17/2013 161499 GERTENS GREENHOUSES, INC 7143 1,140.09 603-7000-415.42-22 10/08/2013 PERENNIALS-RAIN GARDEN 10/2013 1,140.09 10/17/2013 161500 MYRA HARRIS-JOHNSON 8016 50.00 101-0440-425.43-32 10/14/2013 REIMB CELL PHONE-OCT 10/2013 50.00 10/17/2013 161501 HOLIDAY CREDIT OFFICE 8023 39.00 101-0440-425.42-12 09/16/2013 FUEL-OUT OF TOWN TRAINING 10/2013 39.00 7��17/2013 161502 KIM HERRMANN 8056 25.00 ,p 01-0550-425.43-32 10/14/2013 REIMB CELL PHONE-OCT 10/2013 25.00 10/17/2013 161503 HAWKINS INC 8093 824.64 601-7000-415.42-22 10/07/2013 WATER CHEMICALS 3522716 10/2013 824.64 10/17/2013 161504 HEIGHTS BAKERY 81�0 28.50 101-0770-455.42-21 10/09/2013 SR PROGRAM ROLLS 126 10/2013 28.50 10/17/2013 161505 INDEPENDENT SCHOOL DIST #14 9006 112.50 101-0770-455.43-40 10/09/2013 PIANO TUNING-SR CENTER 10/2013 112.50 10/17/2013 161506 INSTRUMENTAL RESEARCH, INC 9036 256.00 601-7000-415.43-40 10/03/2013 WATER TESTING 8165 10/2013 256.00 10/17/2013 161507 INTERSTATE BATTERIES SYSTEMS O 9089 207.28 101-0000-143 .00-00 10/04/2013 BATTERY 180013890 10/2013 207.28 10/17/2013 161508 JOHN KIRK 11007 1,405.03 101-0770-455.43-33 10/10/2013 REIMB CONF AIR FARE 10/2013 694.30 101-0770-455.43-37 10/10/2013 REIMB CONF EXP/LODGING 10/2013 710.73 10/17/2013 161509 KILLMER ELECTRIC CO INC 11034 1,546.39 101-0666-435.43-40 09/30/2013 PRK REWIRING,FUSES 76854,76853 10/2013 1,546.39 10/17/2013 161510 LOFFLER COMPANIES, INC 12143 651.07 101-0333-415.43-40 10/02/2013 PRINTER MAINT/CONTRACT 1635379 10/2013 651.07 PREPARED 10/24/2013, 13:14:23 A/P CHECKS BY PERIOD AND YEAR PAGE 4 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/14/2013 TO 10/25/2013 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/17/2013 161511 METROPOLITAN COUNCIL 13020 298, 009.31 602-7000-415.43-38 10/08/2013 NOV WASTE WATER 1025936 10/2013 298, 009.31 10/17/2013 161512 MINNESOTA UNEMPLOYMENT FUND 13047 263 .78 101-0666-435.41-40 10/10/2013 3RD QRT UNEMPLOYMENT 8836413 10/2013 137.06 101-0330-415.41-40 10/10/2013 3RD QRT UNEMPLOYMENT 8836413 10/2013 126.72 10/17/2013 161513 MIDWEST ASPHALT CORPORATION 13083 45,990.40 572-0000-435.45-30 09/30/2013 STREET PROJ ST2012-1 EST#9 10/2013 45,990.40 10/17/2013 161514 MINN DEPT OF TRANSPORTATION 13117 36.87 101-0660-415.43-31 10/15/2013 2014 STANDARD SPEC BOOKS 10/2013 36.87 10/17/2013 161515 MINN DEPT OF LABOR & INDUSTRY 13150 110.00 101-0880-465.43-31 10/15/2013 LICENSE-JULKOWSKI B0001248 10/2013 110.00 10/17/2013 161516 MINNESOTA ELEVATOR INC 13236 139.72 101-0660-415.43-40 10/O1/2013 ELEVATOR MAINT 290041 10/2013 139.72 10/17/2013 161517 MENARDS - FRIDLEY 13256 94.81 601-7000-415.42-22 10/08/2013 FLIP COVER 45444 10/2013 2.34 601-7000-415.42-22 10/14/2013 TERMOCOUpLE 45992 10/2013 9.59 ��01-7000-415.42-22 10/10/2013 MARKING PAINT,BATTERIES 45610 10/2013 75.93 � 01-7000-415.42-22 10/10/2013 IRRIGATION GALV UNION 45629 10/2013 6.95 10/17/2013 161518 STEVEN MONSRUD 13280 50.00 101-0440-425.43-32 10/14/2013 REIMB CELL PHONE-OCT 10/2013 50.00 10/17/201,3 161519 JIM MORK 13368 50.00 101-0440-425.43-32 10/14/2013 REIMB CELL PHONE-OCT 10/2013 50.00 10/17/2013 161520 CHRISTOPHER MC CLISH 13415 50.00 101-0440-425.43-32 10/14/2013 REIMB CELL PHONE-OCT 10/2013 50.00 10/17/2013 161521 NORTHWEST ASPHALT, INC 14077 62,057.93 573-0000-435.45-30 09/30/2013 STREET PROJ ST2013-01 EST#4 10/2013 62, 057.93 10/17/2013 161522 NETWORK DESIGN 14132 757.45 705-0000-415.43-40 10/10/2013 INSTALL DATA CABLES 94216 10/2013 757.45 10/17/2013 161523 DARIN NELSON 14169 50.00 101-0331-415.43-32 10/14/2013 REIMB CELL PHONE-OCT 10/2013 50.00 10/17/2013 161524 POMP'S TIRE SERVICE, INC 16051 2,395.82 101-0000-143 .00-00 10/02/2013 TIRES 150024174 10/2013 2,395.82 10/17/2013 161525 MARGO PRASEK 16058 1,156.65 101-0770-455.42-21 10/16/2013 REIMB PROGRAM SUPPLIES 10/2013 234.35 101-0770-455.42-21 10/16/2013 REIMB PROGRAM SUPPLIES 10/2013 134.80 PREPARED 10/24/2013, 13:14:23 A/P CHECKS BY PERIOD AND YEAR PAGE 5 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/14/2013 TO 10/25/2013 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0770-455.42-21 10/16/2013 LANYARDS FOR STAFF 10/2013 360.00 101-0770-455.42-21 10/16/2013 MN USE TAX EXPENSE 360.00 10/2013 24.75 101-0000-203 .01-00 10/16/2013 MN USE TAX PAYABLE 360.00 10/2013 24.75- 101-0770-455.42-21 10/16/2013 REIMB ADMISSIONS 10/2013 427.50 10/17/2013 161526 PIONEER RIM & WHEEL COMPANY 16070 464.79 101-0000-144.00-00 10/O1/2013 TOW HITCH,BRAKE CONTROL 1218157 10/2013 209.40 101-0000-144.00-00 10/O1/2013 BRAKE ASSY,DRUM ASSY 1218158 10/2013 255.39 10/17/2013 161527 PETCO 16146 173.07 101-0440-425.42-21 10/07/2013 K-9 SUPPLIES OA050619 10/2013 173.07 10/17/2013 161528 PERFECT 10 CARWASH EXPRESS 16200 147.00 601-7000-415.43-40 09/30/2013 CAR WASHES-PUBLIC WORKS 10/2013 20.00 602-7000-415.43-40 09/30/2013 CAR WASHES-PUBLIC WORKS 10/2013 15.00 101-0440-425.43-40 09/30/2013 CAR WASHES-POLICE 10/2013 112 .00 10/17/2013 161529 RUFFRIDGE-JOHNSON EQUIP CO INC 18020 1,654.78 101-0000-144.00-00 09/27/2013 HEATER ASSY,THERMOSTAT C64752 10/2013 1,654.78 10/17/2013 161530 RON KASSA CONSTRUCTION, INC 18084 14,222.92 101-0668-435.43-40 09/30/2013 MISC CONCRETE PROJECT EST#4 10/2013 3,369.00 601-7000-415.43-40 09/30/2013 MISC CONCRETE PROJECT EST#4 10/2013 1,260.00 ��02-7000-415.43-40 09/30/2013 MISC CONCRETE PROJECT EST#4 10/2013 4,350.50 Q� 08-0007-455.43-40 09/30/2013 MISC CONCRETE PROJECT EST#4 10/2013 4,163.00 501-0000-415.43-40 09/30/2013 MISC CONCRETE PROJECT EST#4 10/2013 1,809.00 101-0668-435.43-40 09/30/2013 CONCRETE PROJ RETAINAGE EST#4 10/2013 748.58- 10/17/2013 161531 SCHMIT TOWING, INC 19202 64 .28 240-0000-425.43-40 10/15/2013 DWI FORFEITURE TOW 10/2013 64.28 10/17,/2013 161532 SUBURBAN TIRE WHOLSALE, INC 19229 537.33 101-0000-143 .00-00 10/04/2013 TIRES 10120752 10/2013 537.33 10/17/2013 161533 S & S SPECIALISTS 19245 4,221.56 602-7000-415.43-40 10/03/2013 TREE REMOVAL-CHERI LN 74860 10/2013 4,221.56 10/17/2013 161534 SHARROW LIFTING PRODUCTS 19264 774 .84 101-0669-435.43-40 09/23/2013 YRLY CRANE/HOIST INSPECTN 67381 1OJ2013 774.84 10/17/2013 161535 SHI INTERNATIONAL CORP 19328 1, 933 .88 705-0000-415.42-21 09/23/2013 ADOBE, MICROSFT ONENOTE 1354183,1365964 10/2013 1,352.89 705-0000-415.42-21 07/16/2013 SONICWALL WIRELESS ACCESS B01175344 10/2013 580.99 10/17/2013 161536 TERRY OVERACKER PLUMBING 20029 72 . 00 101-0880-465.43-40 10/11/2013 INSPECTIONS 38791 10/2013 72 .00 10/17/2013 161537 TOSHIBA BUSINESS SOLUTIONS 20060 200.00 101-0440-425.43-40 09/27/2013 REPAIR FAX MACHINE 10377794 10/2013 200.00 10/17/2013 161538 TWENTY-FOUR RESTORE 20158 6, 719.45 602-7000-415.43-40 10/04/2013 SEWER MAIN BACKUP 130707-M,130708 10/2013 6, 719.45 PREPARED 10/24/2013, 13:14:23 A/P CHECKS BY PERIOD AND YEAR PAGE 6 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/14/2013 TO 10/25/2013 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/17/2013 161539 U.S.A. BLUEBOOK 21051 1,387.25 601-7000-415.42-22 10/03/2013 PUMP FOR BOOSTER STA 168244 10/2013 1,178.46 602-7000-415.42-22 10/03/2013 CURB MARKER 167676 10/2013 208.79 10/17/2013 161540 VOIGT'S BUS COMPANIES 22048 426.59 101-0770-455.43-33 09/24/2013 SR TRIP 60227 10/2013 426.59 10/17/2013 161541 BRZAN WEIERKE 23042 50.00 101-0440-425.43-32 10/14/2013 REIMB CELL PHONE-OCT 10/2013 50.00 10/17/2013 161542 THOMSON REUTERS-WEST GOVT SERV 23054 139.84 101-0440-425.43-40 10/15/2013 WEST INFORMATION CHARGES 10/2013 139.84 10/17/2013 161543 WENCK ASSOCIATES, INC 23070 3,126.75 603-7500-415.43-30 10/03/2013 PLANS/SPEC GLEN CREEK 1304260 10/2013 731.40 603-7500-415.43-30 09/30/2013 PLANS/SPEC STONYSRK CREEK 1304263 10/2013 2,395.35 10/17/2013 161544 XCEL ENERGY 24002 213.65 101-0440-425.43-38 10/08/2013 UTILITIES 386373006 10/2013 213.65 10/17/2013 161545 YOCUM OIL COMPANY 25015 18,432 .75 101-0000-141.00-00 10/07/2013 FUEL,BIOFUEL CREDIT 221134,4411-413 10/2013 18,432.75 �j 17/2013 161546 KRAUTER, J M 99999 12.33 601-0000-245.00-00 10/10/2013 UB CR REFUND-FINAL 27125-470190 10/2013 12.33 10/17/2013 161547 HUD 99999 126.99 601-0000-245.00-00 10/10/2013 UB REFUND-5880 MONROE PIN233024130036 10/2013 126.99 10/17/2013 161548 CHIAL, VERONICA & NICHOLAS 99999 10.94 601-0000-245.00-00 10/10/2013 UB CR REFUND-FINAL 142765-477790 10/2013 10.94 10/17/2013 161549 LISSNER, ALICE 99999 8.35 601-0000-245.00-00 10/10/2013 US CR REFUND-FINAL 73765-516220 10/2013 8.35 10/17/2013 161550 SEBASTIAN, ROBERT 99999 56.69 601-0000-245.00-00 10/10/2013 UB CR REFUND-FINAL 59205-501900 10/2013 56.69 10/17/2013 161551 MNREO GROUP 99999 537.69 601-0000-245.00-00 10/10/2013 UB REFUND-7351 JACKSON PIN113024140015 10/2013 537.69 10/17/2013 161552 KRIS DWYER 2013210 20.00 101-0550-425.42-22 10/14/2013 REIMB PAINT-DOOR DAMAGED 10/2013 20.00 10/24/2013 161553 AUTOMATIC GARAGE DOOR & FIREPL 1059 86.01 101-0000-144.00-00 10/17/2013 REPAZR PARTS 1853520 10/2013 86.01 10/24/2013 161554 ADVANCE COMPANIES INC 1061 392.21 101-0881-465.43-40 10/14/2013 YARD ABATEMENTS 8399, 99-1,8361 10/2013 392.21 PREPARED 10/24/2013, 13:14:23 A/P CHECKS SY PERIOD AND YEAR PAGE 7 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/14/2013 TO 10/25/2013 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ----------------------------------------------------------------------------------------------------------------------------------- ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/24/2013 161555 A.R.M. OF MINNESOTA 1263 200.00 101-0661-435.43-37 10/22/2013 CONCRETE RECERTIFICATION 10/2013 200.00 10/24/2013 161556 A.V. SOLUTIONS, INC 1269 2,132.16 225-0000-415.42-21 10/23/2013 NEWTEK TRICASTERS SOFTWRE 12783 10/2013 2,132.16 10/24/2013 161557 BARTON SAND & GRAVEL CO 2005 1,878.38 601-7000-415.42-22 10/15/2013 WASH SAND,CLASS 5 • 10/2013 1,635.14 101-0668-435.43-40 10/15/2013 DISPOSAL FEE 10/2013 325.00 601-7000-415.42-22 10/15/2013 DZSCOUNT 10/2013 81.76- 10/24/2013 161558 BRYAN ROCK PRODUCTS INC 2044 1,250.53 101-0666-435.42-22 10/15/2013 AG LIME- BALL FIELDS 10/2013 1,250.53 10/24/2013 161559 SCOTT BRADSETH 2168 48.00 101-0668-435.42-17 10/21/2013 REIMB SAFETY BOOTS 10/2013 48.00 10/24/2013 161560 C.T. TECHNOLOGIES 3017 130.00 101-0331-415.43-40 10/10/2013 MAINT FOLDING MACHINE 23862 10/2013 130.00 10/24/2013 161561 COMMERCIAL ASPHALT 3100 5,662.30 101-0666-435.42-22 10/14/2013 ASPHALT 10/2013 2,240.31 �01-0668-435.42-22 10/14/2013 ASPHALT 10/2013 2,895.44 p�p 01-7000-415.42-22 10/14/2013 ASPHALT 10/2013 526.55 10/24/2013 161562 CUB STORE INC-NEW BRIGHTON STO 3126 g,�g 101-0770-455.42-21 08/09/2013 ROCKS SUPPLIES 10/2013 8.79 10/24/2013 161563 CENTRAL TURF & IRRIGATION SUPP 3131 319.92 101-0666-435.42-22 10/16/2013 IRRIGATION SUPPLIES 3519300, 3518700 10/2013 319.92 10/24/2013 161564 COMCAST CABLE 3157 230.55 101-0333-415.43-32 10/13/2013 INTERNET 0272773 10/2013 230.55 10/24/2013 161565 COMMUNITY HEALTH CHARITIES 3227 10.00 101-0000-219.08-00 10/25/2013 PAYROLL SUMMARY 20131025 10/2013 10.00 10/24/2013 161566 CHANTICLEAR PIZZA 3239 74.40 237-0000-415.42-21 10/21/2013 RECYCLING EVENT FOOD 10/2013 74.40 10/24/2013 161567 CENTERPOINT ENERGY-MINNEGASCO 3252 620.46 601-7000-415.43-38 10/14/2013 UTILITIES 80000141624 10/2013 240.72 101-0666-435.43-38 10/14/2013 UTILITIES 80000141582 10/2013 95.54 101-0669-435.43-38 10/14/2013 UTILITIES 80000141533 10/2013 13.46 609-9200-415.43-38 10/14/2013 UTILITIES 80000141533 10/2013 20.18 101-0550-425.43-38 10/14/2013 UTILITIES 80000141459 10/2013 48.63 101-0660-415.43-38 10/14/2013 UTILITIES 80000141491 10/2013 201.93 10/24/2013 161568 CENTURY LINK 3295 36.90 270-0771-455.43-32 10/10/2013 PHONE LINE 7848676 10/2013 36.90 PREPARED 10/24/2013, 13:14:23 A/P CHECKS BY PERIOD AND YEAR PAGE S PROGRAM: GM350L CITY OF FRIDLEY FROM 10/14/2013 TO 10/25/2013 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/24/2013 161569 DELTA DENTAL PLAN OF MINNESOTA 4093 6,455.00 101-0000-219.11-00 10/23/2013 NOV DENTAL 5279300 10/2013 6,286.00 101-0000-135.00-00 10/23/2013 NOV DENTAL 5279300 10/2013 125.00 704-0000-415.41-32 10/23/2013 NOV DENTAL 5279300 10/2013 44.00 10/24/2013 161570 DELL MARKETING LP 4103 2, 070.29 705-0000-415.45-60 10/11/2013 COMPUTERS-FIRE XJSIPFIFI 10/2013 2, 070.29 10/24/2013 161571 D.K.N. CONSTRUCTION, LLC 4155 35,024.00 408-0005-415.43-40 10/21/2013 CONCRETE REPAIRS-WALL 80i 12244 10/2013 35, 024.00 10/24/2013 161572 E.C.M. PUBLISHERS INC 5001 424.05 237-0000-415.43-34 10/21/2013 RECYCLING EVENT AD 34047 10/2013 375.00 101-0110-415.43-34 10/22/2013 LEGAL NOTICE-ORD 1307 33531 10/2013 49.05 10/24/2013 161573 E.M.I. AUDIO 5009 149.58 101-0550-425.42-21 10/15/2013 FOG FOR SMOKE MACHINE 01748390 10/2013 149.58 10/24/2013 161574 FLEXIBLE PIPE TOOL CO 6015 293 .91 602-7000-415.42-22 10/11/2013 LEADER HOSE 16832 10/2013 293 .91 10/24/2013 161575 FRIDLEY POLICE ASSOCIATION 6117 82.00 �� 01-0000-219.22-00 10/25/2013 PAYROLL SUMMARY 20131025 10/2013 82.00 � 10/24/2013 161576 FIRST-SHRED 6157 801.80 237-0000-415.43-40 10/12/2013 PAPER SHEDDING-RECYCLING 93452 10/2013 801.80 10/24/2013 161577 GUNDERSON, PETER 7072 65.00 601-7000-415.42-17 10/21/2013 REIMB SAFETY BOOTS 10/2013 65.00 10/24/2013 161578 GENESIS EMPLOYEE BENEFITS 7162 26 .33 704-0000-415.43-30 09/30/2013 QRTLY SHAREHOLDER FEE 20774 10/2013 26.33 10/24/2013 161579 HENNEPIN TECHNICAL COLLEGE 8082 195.00 101-0440-425.43-37 10/16/2013 REGISTRATION-GUEST 10/2013 195.00 10/24/2013 161580 HAWKINS INC 8093 8,609.83 601-7000-415.42-22 10/03/2013 WTR CHEMICALS 3524039 10/2013 8,609.83 10/24/2013 161581 JAMAR TECHNOLOGIES, INC 10101 331.49 101-0661-435.42-22 10/16/2013 ENG SUPPLIES-TUBES 17385 10/2013 331.49 101-0661-435.42-22 10/16/2013 MN USE TAX EXPENSE 331.49 17385 10/2013 22 .79 101-0000-203 .01-00 10/16/2013 MN USE TAX PAYABLE 331.49 17385 10/2013 22 .79- 10/24/2013 161582 KILLMER ELECTRIC CO INC 11034 180.00 601-7000-415.43-40 10/16/2013 REPAIR VFD WELL#6 7691320941 10/2013 180.00 10/24/2013 161583 MEDICA 13042 76,176.77 101-0000-219.10-01 10/23/2013 NOV MEDICAL C0032881608 10/2013 72,894.08 PREPARED 10/24/2013, 13:14:23 A/P CHECKS BY PERIOD AND YEAR PAGE 9 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/14/2013 TO 10/25/2013 BANK CODE 00 ---------------------------------------------------------------------------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ACCOIINT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT -------------------------------------------------------------------------------------------------------------- 101-0000-135.00-00 10/23/2013 � NOV MEDICAL C0032881608 10/2013 1,671.59 704-0000-415.41-31 10/23/2013 NOV MEDICAL C0032881608 10/2013 1, 611.10 10/24/2013 161584 METRO SALES INC 13135 358.50 101-0661-435.43-35 10/17/2013 PRINTER QRTLY USAGE 558884 10/2013 358.50 10/24/2013 161585 MINN DEPT OF COMMERCE 13175 44.30 101-0000-341.05-11 10/24/2013 UNCLAIMED PORPERTY 10/2013 5.00 101-0666-435.42-17 10/24/2013 UNCLAIMED PORPERTY 10/2013 24.00 101-0550-425.41-04 10/24/2013 UNCLAIMED PORPERTY 10/2013 15.30 10/24/2013 161586 MILLS FLEET FARM 13187 38_21 601-7000-415.42-12 09/20/2013 SMALL ENGINE FUEL 10/2013 38.21 10/24/2013 161587 MINNESOTA BENEFIT ASSOC - M.B. 13220 55.68 101-0000-219.09-00 10/25/2013 PAYROLL SUMMARY 20131025 10/2013 55.68 10/24/2013 161588 MENARDS - FRIDLEY 13256 58.34 601-7000-415.42-22 10/16/2013 MOP BUCKET,HANDLES 46177 10/2013 58.34 10/24/2013 161589 NORTHEAST TOWING SERVICE INC 14057 139.26 573-0000-435.43-40 10/21/2013 TOW FROM STR PROJ 10/2013 139.26 �/24/2013 161590 CITY OF NEW BRIGHTON 14067 914.13 p 01-7000-415.42-22 10/14/2013 3RD QRT WATER CHEMICALS 10/2013 914.13 10/24/2013 161591 478000-NCPERS MINNESOTA 14107 704.00 101-0000-219.27-00 10/25/2013 PAYROLL SUMMARY 20131025 10/2013 704.00 10/24/2013 161592 OPEN YOUR HEART 15011 30.00 101-0000-219. 08-00 10/25/2013 PAYROLL SUMMARY 20131025 10/2013 30.00 10/24/2013 161593 PRO STAFF 16029 768.00 101-0334-415.43-40 10/17/2013 TEMP EMPLOYEE 102919768 10/2013 768.00 10/24/2013 161594 PRINT CENTRAL 16067 945.84 237-0000-415.43-35 10/18/2013 RECYCLING EVENT POSTER 101286,101272 10/2013 945.84 10/24/2013 161595 ROGER PRESTWICH 16194 75.00 101-0770-455.43-40 10/15/2013 GREAT DECISIONS SPEAKER 10/2013 75.00 10/24/2013 161596 ROSENBAUER MINNESOTA LLC 18159 74.44 101-0550-425.42-22 10/10/2013 DOOR SWITCHES 10328 10/2013 74.44 10/24/2013 161597 SCHIFSKY AND SONS INC 19045 470.36 101-0668-435.42-22 10/18/2013 ASPHALT 55719 10/2013 470.36 10/24/2013 161598 STREICHER'S 19050 1,465.32 240-0000-425.42-21 09/02/2013 RESCUE REF CARDS 1046257 10/2013 105.81 101-0440-425.42-21 09/24/2013 RIFLE EXTRACTOR 1048064 10/2013 18.16 PREPARED 10/24/2013, 13 :14:23 A/P CHECKS BY PERIOD AND YEAR PAGE 10 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/14/2013 TO 10/25/2013 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 09/03/2013 UNIFORMS ' 132,48,34,93,40 10/2013 551.94 101-0440-425.42-17 08/21/2013 UNIFORMS 1045556 10/2013 149.97 101-0440-425.42-17 08/12/2013 UNIFORMS 1045559 10/2013 39.00 101-0440-425.42-1� 09/17/2013 DUTY BOOTS 1046830 10/2013 129.99 101-0440-425.42-17 09/17/2013 UNIFORMS 1048045 10/2013 39. 00 101-0440-425.42-17 09/24/2013 UNIFORMS 1048065 10/2013 94.81 101-0440-425.42-17 09/18/2013 UNIFORMS 1048260 10/2013 18.39 101-0440-425.42-17 09/19/2013 DUTY BOOTS 1048268 10/2013 164 .99 101-0440-425.42-17 09/23/2013 UNIFORMS 1048274 10/2013 102.00 101-0440-425.42-21 09/26/2013 MACE 1048450 10/2013 51.26 10/24/2013 161599 STANDARD INSURANCE COMPANY 19063 5,618.11 101-0000-219.12-00 10/23/2013 OCTOBER LIFE 643900 10/2013 2,690.10 101-0000-135.00-00 10/23/2013 OCTOBER LIFE 643900 10/2013 54.00 101-0000-219.23-00 10/23/2013 OCTOBER LTD 643900 10/2013 2,841.25 101-0000-135.00-00 10/23/2013 OCTOBER LTD 643900 10/2013 32 .76 10/24/2013 161600 SPECIALTY TURF & AG, INC 19121 1,773 .06 101-0666-435.42-22 10/16/2013 WINTERIZER,STRAW BALES 37800 10/2013 1,773.06 10/24/2013 161601 SUPERIOR STRIPING, INC 19274 1,135.00 572-0000-435.43-40 10/09/2013 STRIPING IN COM PARK 34186 10/2013 860.00 101-0666-435.43-40 10/09/2013 STRIPING-MADSEN PARK 34186 10/2013 275.00 � '24/2013 161602 SHRED RIGHT � 19359 66.56 101-0660-415.43-40 10/09/2013 SHREDDING SERVICE 162689 10/2013 66.56 10/24/2013 161603 TERRY OVERACKER PLUMBING 20029 6,521.43 101-0880-465.43-40 10/02/2013 INSPECTION 38789 10/2013 6,521.43 10/24/2013 161604 TOSHIBA BUSINESS SOLUTIONS 20060 17.70 101-0669-435.43-35 10/07/2013 COPIER USAGE 10390390 10/2013 17.70 10/24/2013 161605 ZCOFTL FRIDLEY,LLC 20130 12,517.82 609-9100-415.43-41 10/16/2013 NOV LEASE PMT 30470001A000367 10/2013 12,517.82 10/24/2013 161606 TWIN CITY HARDWARE 20153 85.00 101-0660-415.43-40 10/10/2013 REPAIR GUN RANGE DOOR 605289 10/2013 85.00 10/24/2013 161607 TOP OF THE LINE LAWN & LANDSCA 20177 120.24 101-0881-465.43-40 10/21/2013 LAWN ABATEMENTS 3830,3831 10/2013 120.24 10/24/2013 161608 UNITED WAY 21035 25.00 101-0000-219.08-00 10/25/2013 PAYROLL SUMMARY 20131025 10/2013 25.00 10/24/2013 161609 U.S.A. BLUEBOOK 21051 243.80 603-7000-415.42-22 10/14/2013 CURB MARKERS 168183, 175494 10/2013 243 .80 10/24/2013 161610 VIKING INDUSTRIAL CENTER 22011 132.01 602-7000-415.42-17 10/17/2013 SAFETY VESTS 3000703 10/2013 41.05 PREPARED 10/24/2013, 13:14:23 A/P CHECKS BY PERIOD AND YEAR PAGE 11 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/14/2013 TO 10/25/2013 BANK CODE 00 ------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ACCOUNT # TRN DATE DESCRIPTION ZNVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------- 601-7000-415.42-17 10/17/2013 MUD BOOTS 3000703 10/2013 90.96 10/24/2013 161611 VERIZON WIRELESS 22050 78.06 101-0551-425.43-32 10/03/2013 WIRELESS SERVICE 9712667087 10/2013 78.06 10/24/2013 161612 VONCO II LLC 22078 339.92 408-0005-415.43-40 10/06/2013 DISPOSAL FEE-GRG ROOF 21315 10/2013 339.92 10/24/2013 161613 WAL-MART COMMUNITY/GEMB 23024 8.91 101-0440-425.42-21 09/24/2013 WATER-TRAINING 10/2013 8.91 10/24/2013 161614 WOLFE, PATRICIA J. 23057 27.48 101-0881-465.42-21 10/21/2013 PROPERTY CODE BOOK 10/2013 2�_4g 101-0881-465.42-21 10/21/2013 MN USE TAX EXPENSE 27.48 10/2013 1.89 101-0000-203.01-00 10/21/2013 MN USE TAX PAYABLE 27.48 10/2013 1.89- 10/24/2013 161615 WATER CONSERVATION SERVICE, IN 23059 5, 069.60 601-7000-415.43-40 10/14/2013 LEAK LOCATE 4352 10/2013 269.60 601-7000-415.43-40 10/14/2013 LEAK LOC,WTR SYS SURVEY 4357 10/2013 4,800.00 10/24/2013 161616 WALTERS RECYCLING & REFUSE SER 23088 636.43 101-0666-435_43-40 10/10/2013 REFUSE HAULING 532671,532672 10/2013 52.54 101-0669-435.43-40 10/10/2013 REFUSE HAULING 535021 10/2013 479.50 ��70-0771-455.43-40 10/10/2013 REFUSE HAULING 535021 10/2013 104.39 N 10/24/2013 161617 XCEL ENERGY 24002 31, 926.34 601-7000-415.43-38 10/15/2013 UTILITIES 386919631 10/2013 28,381.91 101-0669-435.43-38 10/15/2013 UTILITIES 387276524 10/2013 1,179.61 101-0441-425.43-38 10/15/2013 UTILITIES 387610795 10/2013 58.87 603-7000-415.43-38 10/15/2013 UTILITIES 387764374 10/2013 116.52 101-0550-425.43-38 10/18/2013 UTILITIES 387765142 10/2013 231.60 602-7000-415.43-38 10/19/2013 UTILITIES 387775138 10/2013 1,403 .93 270-0771-455.43-38 10/17/2013 UTILITIES 387600561 10/2013 533.97 101-0669-435.43-38 10/17/2013 UTILITIES 387601601 10/2013 20.03 10/24/2013 161618 YOCUM OIL COMPANY 25015 6,683 .56 101-0000-141.00-00 10/16/2013 FUEL 586654,585794 10/2013 6,683.56 10/24/2013 161619 JIFFY LUBE 99998 200.00 101-0000-240.00-00 10/22/2013 TEMP SIGN PERMIT DEPOSIT DEPOSIT REFUND 10/2013 200.00 10/24/2013 161620 SARAH GIBSON 2013286 7.00 101-0000-347.91-51 10/14/2013 REC REFUND 10/2013 7.00 10/24/2013 161621 HERB KOHN ELECTRIC COMPANY 2013306 35.00 101-0000-322.20-41 10/17/2013 PERMIT REFUND 10/2013 35.00 10/24/2013 161622 DOLORES MC CARTY 2013472 59.00 101-0000-347.83-51 10/09/2013 SR REC REFUND 10/2013 59. 00 10/24/2013 161623 HOLLY SCHULTZ 2013703 10. 00 101-0000-347.91-51 10/14/2013 REC REFUND 10/2013 10. 00 PREPARED 10/24/2013, 13:14:23 A/P CHECKS BY PERIOD AND YEAR PAGE 12 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/14/2013 TO 10/25/2013 BANK CODE 00 ----------------------------------------------------------------------------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ----------------------------------------------------------------------------------------------------------- ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ----------------------------------------------------------------------------------------------------------------------- DATE RANGE TOTAL * 727,463 .90 * � W � CITY COUNCIL MEETING OF OCTOBER 28, 2013 F�°� BUSINESS LICENSE LIST TYPE OF LICENSE: APPLICANT: APPROVED BY: Lawful Gambling—Excluded Bingo Fridley Alano Society City Clerk 4 events for 2014 6279 University Ave NE Public Safety Director A licant: Lori Schmit 94 : AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 28, 2013 F�°� LICENSES Contractor T e A licant A roved B 7 Metro Heatin and Air Conditionin Heatin Paul Heisler Ron Julkowski, CBO ATC Construction Commercial or Andrew Carlson Ron Julkowski,CBO S ecial D&J Construction LLC Commercial or poug Todd Ron Julkowski,CBO S ecial Forced Heatin &Air Heatin Chris Rett er Ron Julkowski, CBO Hunt Electric Corporation Commercial or Josh Olson Ron Julkowski,CBO S ecial John P Schmitz Construction Co LLC Excavatin John Schmitz Ron Julkowski,CBO Holiday Stationstores Inc Commercial or Joel Geil Ron Julkowski,CBO S ecial Michals HHI�Inc Heatin Philli Hanson Ron Julkowski,CBO New Look Contractin Inc Excavatin Jon Mitchell Ron Julkowski, CBO R&N Roofin Construction Inc Roofin Steven Schuebl Ron Julkowski,CBO Si art Co Inc Si Erector Michelle Hinz Ron Julkowski, CBO Twin Cities Si Installations Si Erector Jeff Knutson Ron Julkowski, CBO Quali Refri eration Inc Heatin Bob Forder Ron Julkowski,CBO Walter Mechanical Inc Heatin Rich Walter Ron Julkowski, CBO 95 : AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 28, 2013 CXTY OF FRIDLEY LICENSES To: Walter Wysopal, City Manager From: Claudia Diggs, Rental Properiy Inspections Division Date: October 25, 2013 Re: Annual renewal of rental licenses AGENDA ITEM CITY COUNCIL MEETING Monday, October 28, 2013 Attached is a list of 14 properties that has submitted a rental license application,paid all fees related to license renewal, and completed the rental property inspection process. The Rental Property Inspections Division recommends that City Council approve the issuance of the rental licenses for these properties. 96 Property Id Property Address Units Owner 1121 6525 2nd St. NE 7 Paul M. Johnson 1123 6541 2nd St. NE 5 James&Jean Johnson 1160 5401 4th St. NE 4 Heung-Ping Chung 1188 390 57th PI. NE 4 Daniel O'Neil 1195 5420 5th St. NE 4 Kurtz Apartment Rentals 1950 5601 5th St. NE 1 Ronald W Brown 1895 6130 6th St. NE 1 Ronald Brown 1260 1441 73rd Ave. NE 18 Bradley G. Dunham 1303 7417-19 Able St. NE 2 Todd Fuechtmann 1305 7447-49 Able St. NE 2 Robbi Olson 2189 6709 Channel Rd. NE 1 Natan Zadik 1707 6819 East River Rd. 1 Paul M. Johnson 2019 5530 W Bavarian Pass NE 1 Dian Joralmon 2021 5435 W Brenner Pass NE 1 Ziah Zahran 97 : AGENDA ITEM CITY COUNCIL MEETING OF F�°� October 28, 2013 To: Walter T. Wysopal, City Manag . ,�' From: Debra A. Skogen, City Clerk,� � Date: October 25, 2013 Re: Continued Public Hearing on Proposed Amendment to Fridley Home Rule Charter, Chapter 7. Taxation and Finances; Chapter 8. Public Improvements and Special Assessments; Chapter 11. Public Ownership and Operation of Utilities; and Chapter 12. Miscellaneous Provisions The Fridley Charter Commission meets regularly to review the Fridley Charter. The Commission reviewed Chapters 7 through 12 for general housekeeping issues to ensure it is consistent with state law. The Commission directed staff to formulate an amendment by ordinance. Staff drafted the amendment by ordinance for the Commission's review. On May 24, 2010, the Charter Commission unanimously approved the amendment by ordinance and recommended the amendment be forwarded to the City Council for adoption. Minnesota Law requires a public hearing notice to be published within one month of receiving the proposed amendment and the notice must contain the text of the proposed amendment. A public hearing notice was prepared and published in the Fridley Sun Focus on June 3 and 10, 2010. The public hearing was held on June 28, 2010. At the end of the discussions and testimony, the City Council continued the public hearing and sent the amendment back to the City Charter to review the City Council's questions and recommendations, as shown in Attachment 1. Due to legislative changes made to the state's election laws in 2010, the Charter Commission felt the review of the elections portions of the Charter were more urgent and set this ordinance amendment aside. The Commission completed their work on Chapters 4 and 5 of the Charter and the Council approved the amendments on April 22,2013. The Commission began re-reviewing these amendments on May 6, 2013 and made their final recommendations to the City Council. At the September 23, 2013, Council meeting, the City attorney recommended the public hearing notice be republished and the continued public hearing be continued to October 28, 2013, to a11ow any individuals who may be interested the ability to have input. The public hearing notice was published in the October 3, 2013 legal section of the Fridley Sun Focus. Staff recommends a motion reopening the public hearing on a proposed amendment to Fridley Home Rule Charter, Chapter 7. Taxation and Finances; Chapter 8. Public Improvements and Special Assessments; Chapter 11. Public Ownership and Operation of Utilities; and Chapter 12. Miscellaneous Provisions, as shown in Atta.chment 2. 98 Attachment 1 Answers to Citv Council Ouestions and Concerns Question No. 1. —Section 8.05 and 11.08 The question of whether the language should be the same for Section 8.05 (awarding contracts needing a supermajority) and Section 11.08 (establishing a public utilities commission needing a simple majority)was discussed on May 6, 2013 by the Charter Commission. After reviewing the language, they deemed it would be appropriate to be consistent and recommended an amendment to Section 11.08 changing it from a simple majority to a super majority. Question No. 2. —Section 8.01 The language was discussed to try to determine what language would be the best to change the wording of"transportation lines". The Commission amended the language to read: "transportation modes, corridors and/or facilities" but asked staff to check the City's Comprehensive Plan to see if that terminology would work. After meeting with Community Director Hickok and reviewing the Comprehensive plan,the recommendation to the Charter Commission was to changed to the following: "public transportation services and facilities". This language would make it consistent with the Comprehensive Plan and the Metropolitan Council. The Charter Commission amended the language on September 9, 2013, as recommended by Director Hickok. In addition, due to the long, run-on sentence,the items were put in bullet form to a11ow for easier reading and understanding. Question No. 3 —Section 11.08 In October 2008,the Commissioners began discussing Chapter 11. A question was raised as to why cities would have to power to acquire public utilities. Staff had informed the Commissioners that some cities provide electric or gas in addition to water and sewer depending on where they are located in the state. The added language would allow the City to acquire public utilities. Staff provided the Commission information about public utilities commissions from several cities and information about the state statutes. While there may not be a need today for a public utilities commission, it could be a need in the future. After discussing language to allowing the council to establish a public utilities commission,the Commission also discussed whether they wanted to define their mission and duties. The Commissioners determined at this time they would just like to allow the council to have the ability to establish a public utilities commission. Language was formulated allowing for the establishment of a public utilities commission. 4uestion Nos. 4 and 5— Section 12.01. The Commission reviewed the Council's discussion pertaining to this Section. After further discussion, they felt the section really related to notices required by state law and other publications or information the council might want to disseminate to the public. They broke the paragraph into two sections and made a few modifications to try to clarify their thoughts. 99 Attachment 2 ORDINANCE NO. AN ORDINANCE AMENDING THE FRIDLEY HOME RULE CHARTER, CHAPTER 7. TAXATION AND FINANCES, CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS, CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES, AND CHAPTER 12. MISCELLANEOUS PROVISIONS After consideration and recommendation of the Fridley Charter Commission, the Fridley City Council hereby ordains, after findings, review, and examination, that the Fridley Home Rule Charter be hereby amended as follows: SECTION 1: THAT CHAPTER 7 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 7. TAXATION AND FINANCES SECTION 7.02. . 1. The City shall have,in addition to the powers by this Charter expressly or impliedly granted, a11 powers to raise money by taxation pursuant to the laws of the State which are applicable to cities of the class of which it may be a member from time to time, provided that the amount of taxes levied against real and personal property within the City for general City purposes sha11 not exceed in dollars, a tax levy that is greater that the prior year tax levy increased by an inflationary index, or 5%, whichever is � less. Said inflationary index shall be that as defined by the U.S. Department of Labor, Bureau of Labor Statistics, Consuxner Price Index for all Urban Consumers in the Minneapolis, St. Paul metropolitan area. SECTION 2: THAT CHAPTER 8 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS SECTION 8.01. THE CITY PLAN The present zoning and comprehensive plans shall be the plans for future physical development of the City. Plans may be altered from time to time. To alter a zoning plan, the City Council shall hold a public hearing_ a�Notice shall be published fourteen (14) days prior to said hearing with notices sent to affected property owners. It may include provisions for_�e�g�s� , , , , , � • , , • zoning; • platting and development of new areas; 100 Ordinance No. Page 2 • planning and location af public works of art; • public buildings; • parks; • playgrounds; • bridges; � public transportation services and facilities; • other public facilties; • designing and improving streets • designing and iinproving public places • other matters which may seern essential to the City plan. Section 8.05. PUBLIC WORKS HOW PERFORMED. 1. Public works including all local improvements, may be constructed, extended, repaired or maintained either by contract or directly by day labor. Before receiving bids the City Manager shall, under the direction of the City Council have suitable plans and specifications prepared for the proposed material or project and estimate of the cost thereof in detail. The award of any contract amounting to more than €r€�ke�� , 99� what is allowable under Minnesota state statutes sha11 require an affirmative vote of at least four (4) members of the City Council. When the best interest of the City will be served thereby, the City Council may organize a public works department Hllld�l �� r°*°„* and providec� the department with suitable equipment. SECTION 3: THAT CHAPTER 11 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES Section 11.04. CITY TO PAY FOR SERVICES The Council sha11 make a reasonable charges, based on the cost of service, for lighting the streets and public buildings, e� for supplying heat, power or any other utility, and �ease��-s�ges for supplying the City with water,_ a.� The Ci sha11 credit the same to the publicly owned utility supplying the service. Such rentals and other charges for light, heat, power, water and other services sha11 be collected in the same manner as from other consumers,unless the Council provides some other plan. Section 11.08. COMMISSION AT DISCRETION OF COiJNCIL The Citv Council mav establish a public utilities commission as defined and authorized by state law The commission's membership, organization, rules and regulations, officers, salary, jurisdiction, powers, disbursements, reports and abolition of the commission -��" '�° �* *� W;,,,,,,,i„rr ol« ��""�'' ''•� � -~��r�*�� sha11 reauire an affirniative vote of at least four (4) members of the Cit� Council. 101 Ordinance No. Page 3 SECTION 4: THAT CHAPTER 12 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 12. INITIATIVE, REFERENDUM AND RECALL Section 12.01. OFFICIAL PUBLICATIONS The Council shall regulate by ordinance, subject to the requirements of this Charter, the manner in which official publicity sha11 be given to the holding of elections,ordinances,resolutions, requests for bids upon contemplated purchases and contracts, and all other matters whatsoever � which require publication either by the provisions of this Charter or by the laws of Minnesota. It shall annually designate a legal newspaper of general circulation in the City as the official newspaper in which shall be published such measures and matters as are by the laws of this State and this Charter required to be so published, and such other matters as the Council may deem it advisable and in the public interest to have published in this manner. T:�� " "'' At its discretion, "' ^`�'a'*'nn tn tl�rir�i 1�1' +' ,� 1� +4,' `�� e City Council may also provide for the publication of important city information includin� but not limited ta the annual budget, ordinances, and resolutions.�ec-��ret��c�-e�k�. .....�,,,,..,,, �,.`' ""'�°"" •+ ''° • T` "�°" '^� ��.,° Such publication n�av be done by mailing or �..�R�--��--m��-�.�,��. posting of #�Q:„•��r �eeg��ed-e� printed copies thereof upon bulletin boards located in public places of the City in such number and for such period of time as the Council may direct in each case. In addition, the citv council mav use electronic means for publication. Nothing herein contained shall be construed as authorizing or attempting to authorize any violation of the Constitution or the Statutes of the State in any matter which is of State concern or which is exclusively under State control. Section 12.02. PUBLICITY OF RECORDS. All records and accounts of every office, department or agency of the City sha11 be open to 1riSpeChOri hv �nv riti�o.,� o s.,,.....,..:_ „�., ,.:+;�o �� ,,.:,. --- - ---- -r., �] r/YVJVll � in accordance with the Minnesota Government Data Practices Act. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 20 . SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing: June 28,2010;October 28,2013 First Reading: Second Reading: Publication: 102 : AGENDA ITEM CITY COUNCIL MEETING OF F�O� OCTOBER 28, 2013 To: Wally Wysopal, City Manager�� . From: Darin R, Nelson, Finance Director Date: October 24, 2013 Re: Public Hearing to Consider a Proposal for the Issuance of a Revenue Obligation of the City under MN Statutes Section, on behalf of Benedictine Living Center of Fridley, LLC Attached is the public hearing notice that appeared in the Fridley Focus on October 3, 2013. This public hearing is a required step in the process in order for the City of Fridley to issue a Healthcare Facilities Revenue Note on behalf of Benedictine Living Center of Fridley, LLC. As noted in the public notice, a draft copy of the proposed application to the Department of Employment and Economic Development for approval of the project,together with all the attachments and e�ibits have been made available at the Municipal Center. These documents were also provided in the Council's packet as supplementary information. If the City agrees to issue the Note, the Borrower will use the proceeds of the Note to (i) finance the acquisition, construction, and equipping of a 45-bed transitional care facility and 5 care suites located on the Unity HospitaUAllina campus at 550 Osborne Road in the City; (ii) fund capitalized interest on the Note and the Mounds View Note (together,the "Notes"); (iii) fund any necessary reserves; and (iv)pay costs of issuance of the Notes and other costs related to the Project. The amount of the issuance will be not more than $10,000,000 and will be issued as a conduit revenue bond secured solely by the revenue derived from a pledged revenue stream. The Note will not constitute a general or moral obligation of the City and will not be secured by or payable from any property or assets of the City and will not be secured by any taxing power of the City. The City of Mounds View is also issuing a Subordinate Healthcare Facilities Revenue Note in the amount of not more than $3,000,000. Because the Project is located in the City of Fridley but the City of Mounds View is being asked to issue the Mounds View Note to finance a portion of the Project,the City is asked to hold a public hearing and provide host approval for the issuance of the Mounds View Note and execute a Cooperative Agreement with the City of Mounds View. This debt is similar to the revenue note issued in 2002 for Totino-Grace for the reconstruction of their electrical and heating plant and the construction of additional parking facilities. 103 Julie Eddington, acting as bond counsel from Kennedy& Graven and representing Benedictine Living Center of Fridley, LLC will be in attendance and can answer any questions that may arise. Staff recommends opening the public hearing for comment. 104 CITY OF FRIDLEY,NIINNESOTA NOTICE OF PUBLIC HEARING WITH RESPECT TO A PROJECT DESCRIBED IN MINNESOTA STAT'UT'ES, SECTIONS 469.152 THROUGH 469.1655, AS AMENDED, AND T'HE ISSUANCE OF A HEALTH CARE FACILITIES REVENUE NOTE THEREUNDER NOTICE IS HEREBY GNEN that the City Council of the City of Fridley, Minnesota (the "City") will hold a public hearing on Monday, October 28, 2013, at or after 7:00 p.m., at City Hall, 6431 University Avenue NE, in the City, to consider a proposal for the issuance of a revenue obligation of the City under Minnesota Statutes, Sections 469.152 through 469.1655, as amended(the "Act"), on behalf of Benedictine Living Center of Fridley, LLC, a Minnesota nonprofit limited liability company (the "Borrower"), which will be controlled by Benedictine Health System ("BHS"), either as its sole member or as a joint member with Allina Health System ("Allina") or any affiliate of BHS or Allina. The proceeds of the revenue obligation proposed to be issued by the City for the benefit of the Borrower(the "Series 2013 Note") will be applied, along with the proceeds of a subordinate revenue obligation (the "Subordinate Note")proposed to be issued by the City of Mounds View, Minnesota(the "City of Mounds View") in the aggregate principal amount not to exceed $3,000,000 and equity of the Borrower, to (i) finance the acquisition, construction, and equipping of a 45-bed transitional care facility and 5 care suites located on the Unity HospitaUAllina campus at 550 Osborne Road in the City (the "Project"); (ii)fund capitalized interest on the Series 2013 Note and the Subordinate Note (together, the "Notes"); (iii) fund required reserves; and (iv)pay costs of issuance of the Notes and other costs related to the Project. The Project will be owned and operated by the Borrower. Following the public hearing, the City Council will consider adoption of a resolution approving the Project, approving the issuance of the Series 2013 Note, and approving the issuance by the City of Mounds View of the Subordinate Note. The aggregate face amount of the Series 2013 Note proposed to be issued to finance the Project is presently estimated not to exceed$10,000,000 and may be issued in one or more series. The Series 2013 Note to be issued by the City will constitute a limited obligation of the City payable solely from the revenues expressly pledged to the payment thereof, and will not be a general or moral obligation of the City and will not be secured by the taxing power of the City or any assets or property of the City except any interests of the City in the Project that may be granted to the City in conjunction with this financing. All interested persons may appear and be heard at the time and place set forth above. A draft copy of the proposed application to the Department of Employment and Economic Development for approval of the Project,together with all attachments and exhibits, shall be available for public inspection following the publication of this notice,at City Hall during normal business hours. Dated: [Date of Publication] CITY OF FRIDLEY,MINNESOTA 432370v1 JAENR380-1 105 : AGENDA ITEM CITY COUNCIL MEETING OF F�°� OCTOBER 28, 2013 TO: WALLY WYSOPAL, CITY MANAGER FROM: DARIN NELSON,FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: PUBLIC HEARING FOR THE 2013 NUISANCE ABATEMENT DATE: October 24,2013 Attached is the Public Hearing Notice for the assessment for the 2013 Nuisance Abatement. The Public Hearing Notice was published in the Focus newspaper on October 10, 2013 as required by State Statute. DRN/gt Attachment 106 CITY OF FRIDLEY,ANOKA COUNTY,MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:00 p.m. on October 28, 2013 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2013 NUISANCE ABATEMENT Assess 1 year @ 6.5% Interest $ 17,033.50 The proposed assessment rolls are on file for public inspection at the Finance OfFice. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Scott J. Lund Mayor Publish: October 10, 2013 107 = AGENDA ITEM CITY COUNCIL MEETING OF F�O� OCTOBER 28, 2013 To: Wally Wysopal, City Manager`/�� From: Darin R.Nelson,Finance Director Date: October 24,2013 Re: Resolution Authorizing the Issuance, Sale, and Delivery of a Healthcare Facilities Revenue Note, Series 2013 in the Aggregate Principal Amount not to Exceed $10,000,000 for the Benefit of Benedictine Living Center of Fridley, LLC This resolution relates to the Public Hearing held earlier in the agenda in regards to the healthcare revenue note issuance. Again, if the City agrees to issue the Note, the Borrower will use the proceeds of the Note to (i) finance the acquisition, construction, and equipping of a 45-bed transitional care facility and 5 care suites located on the Unity Hospital/Allina campus at 550 Osborne Road in the City; (ii) fund capitalized interest on the Note and the Mounds View Note (together, the "Notes"); (iii) fund any necessary reserves; and (iv)pay costs of issuance of the Notes and other costs related to the Project. The resolution does authorize the Mayor, City Manager, and Finance Director/Treasurer to execute and deliver all necessary documents. Furthermore, the resolution stipulates that the Borrower has agreed to pay directly or through the City any and all costs paid or incurred by the City in connection with the transactions authorized by this resolution, whether or not the note is issued. The City has hired Catherine Courtney from Briggs & Morgan to represent the City as the Issuer's counsel. Ms. Courtney has reviewed and approved the Resolution as to form. The Borrower has also agreed to pay an administrative fee in regards to this transaction equal to 0.125% of the note issuance. Assuming the note is issued for $10,000,000 the administrative fee will be $12,500. Staff is recommending approval of the attached resolution. 108 CITY OF FRIDLEY,MINNESOTA RESOLUTION NO. AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A HEALTH CARE FACILITIES REVENUE NOTE (BHS/ALLINA TCU PROJECT�, SERIES 2013, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000, FOR T'I� BENEFIT OF BENEDICTINE LIVING CENTER OF FRIDLEY, LLC, PAYABLE SOLELY FROM REVENUES PLEDGED PURSUANT TO A LOAN AGREEMENT AND A SERVICING AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS; AND PROVIDING HOST APPROVAL FOR A SUBORDINATE NOTE TO BE ISSUED BY THE CITY OF MOUNDS VIEW BE IT RESOLVED by the City Council of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals and Findines. 1.01. Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the "Act"), authorizes a city to issue revenue obligations to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a "project," defined in the Act, in part, as any properties, real or personal,used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities. 1.02. Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the obligations are issued under a joint powers agreement between the municipality issuing the obligations and the municipality in which the property to be acquired or improved is located. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies,two municipalities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the tenitorial limits within which they may be exercised and the joint powers agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. 1.03. Benedictine Living Center of Fridley, LLC, a Minnesota nonprofit limited liability company (the "Borrower"), which will be controlled by Benedictine Health System, a nonprofit corporation ("BHS"), either as its sole member or as a joint member with Allina Health System, a Minnesota nonprofit corporation ("Allina"), or any af�iliate of BHS or Allina, has proposed that the City issue its Health Care Facilities Revenue Note (BHS/Allina TCU Project), Series 2013 (the "Series 2013 Note"), in the aggregate principal amount not to exceed $10,000,000. The Borrower proposes to use the proceeds of the Series 2013 Note, along with equity of the Borrower and the proceeds of the Subordinate Health Care Facilities Revenue Note (BHS/Allina TCU Project), Series 2013 (the "Subordinate Note"), proposed to be issued by the City of Mounds View, Minnesota (the "City of Mounds View") in the aggregate principal amount not to exceed $3,000,000, to (i)finance the acquisition, construction, and equipping of a 50-bed transitional care facility located on the Unity HospitaUAllina campus at 550 433046v1 JAE FR110-12 109 Osborne Road, Fridley, Minnesota, which will be owned and operated by the Borrower (the "Project"); (ii)fund capitalized interest on the Series 2013 Note and the Subordinate Note (together, the "Notes"); (iii) fund any required reserves; and (iv)pay costs of issuance of the Notes and other costs related to the Project. 1.04. The City and the City of Mounds View are proposing to enter into a Cooperative Agreement, dated on or after November 1, 2013 (the "Cooperative Agreement"), pursuant to which the City will consent to the issuance by the City of Mounds View of the Subordinate Note and the financing of a portion of the Project with the proceeds of the Subordinate Note, and the City of Mounds View will agree to issue the Subordinate Note to finance a portion of the Project. 1.05. In accordance with the terms of the Act, the City has prepared an application to the Minnesota Department of Employment and Economic Development ("DEED") for approval of the Project pursuant to the requirements of Section 469.154 of the Act. Section 469.154, subdivision 4 of the Act requires that prior to submitting an application to DEED for approval of a project, the City Council must conduct a public hearing on the proposal to undertake projects authorized to be financed under the terms of the Act. 1.06. Prior to the issuance of the Series 2013 Note,the City Council of the City must conduct a public hearing to (i)approve the issuance of the Series 2013 Note pursuant to the requirements of Section 147(fl of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder (the "Code"); and(ii)approve the Project pursuant to Section 469.154, subdivision 4 of the Act. 1.07. Prior to the issuance of the Subordinate Note, the City Council of the City must hold a duly noticed public hearing and provide host approval to the issuance of the Subordinate Note by the City of Mounds View,all pursuant to the requirements of Section 147(�of the Code. 1.08. On the date hereof, the City Council conducted a duly noticed public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the following: (i) approval of the issuance of the Series 2013 Note pursuant to the reyuirements of Section 147(fl of the Code and the regulations promulgated thereunder; (ii) approval of the issuance of the Series 2013 Note and approval of the Project pursuant to the requirements of the Act; and (iii) host approval of the issuance of the Subordinate Note by the City of Mounds View pursuant to the reyuirements of Section 147(fl of Code and the regulations promulgated thereunder. 1.09. The City finds that the Project furthers the economic development purposes stated in Section 469.152 of the Act and constitutes a revenue producing "project," as defined in Section 469.153, subdivision 2(d)of the Act. 1.10. The Series 2013 Note is to be issued under the terms of this resolution and a Servicing Agreement,dated on or after November 1, 2013 (the"Servicing Agreement"), between the City and Piper Jaffray Lending LLC, a Delaware limited liability company, as servicer (the "Servicer"). It is further proposed that the Series 2013 Note will be sold to Piper Jaffray Lending LLC, a Delaware limited liability company, as lead lender(the "Lead Lender"), who will sell undivided interests in and to the Series 2013 Note to one or more institutional lenders pursuant to one or more participation agreements which shall be evidenced by one or more certificates of participation. The proceeds derived from the sale of the Series 2013 Note aze to be loaned by the City to the Borrower pursuant to the terms of a Loan Agreement, dated on or after November 1, 2013 (the "Loan Agreement"), between the City, the Borrower, and the Lead Lender. Proceeds of the Series 2013 Note will be applied by the Borrower,together with the equity of the Borrower and the proceeds of the Subordinate Note, if issued by the City of Mounds View, to finance the acquisition, construction,and equipping of the Project. 433046v1 JAE FR110-12 2 110 1.11. From and after the date of issuance of the Series 2013 Note, the proceeds of the Series 2013 Note are to be disbursed to the Borrower in accordance with the terms of a Disbursing Agreement, dated on or after November 1, 2013 (the "Disbursing Agreement"), between the Borrower, the Servicer, and a disbursing agent selected by the Borrower and acceptable to the $ervicer, and applied to the payment of the costs of the acquisition,construction and equipping of the Project. 1.12. In consideration of the loan by the City of the proceeds of the Series 2013 Note to the Borrower and to secure the payment of its obligations under the Loan Agreement and the principal of, premium, if any, and interest on the Series 2013 Note when due, the Borrower will execute and deliver a Combination Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement, dated on or after November 1, 2013 (the "Mortgage"), to the Servicer, as mortgagee. In addition, BHS (the "Guarantor") will deliver to the Servicer a Guaranty Agreement, dated on or after November 1, 2013 (the "Guaranty"), to guarantee the completion of the acyuisition, construction and equipping of the Project and the payment of a portion of the principal of and the interest on the Series 2013 Note. 1.13. 'The Series 2013 Note will be senior in right of repayment to the Subordinate Note. 1.14. The loan repayments required to be made by the Borrower under the terms of the Loan Agreement will be assigned to the Servicer under the terms of the Loan Agreement and the Servicing Agreement. 1.14. The principal of, premium, if any, and interest on the Series 2013 Note (i) shall be payable solely from the revenues pledged and otherwise available therefor; (ii) shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; and (iv)shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Loan Agreement and the Servicing Agreement Section 2. Host Approval of Subordinate Note. The City hereby approves and authorizes the issuance of the Subordinate Note by the City of Mounds View to finance a portion of the Project and related costs as described in Section 1.03. The Subordinate Note is proposed to be issued under the terms of the Act, a Servicing Agreement, dated on or after November l, 2013, between the City of Mounds View and the Servicer, and a resolution to be considered by the City Council of the City of Mounds View on October 28, 2013, following a duly noticed public hearing. The estimated ma�cimum aggregate principal amount ofthe Subordinate Note is presently estimated not to exceed$3,000,000. Section 3. The Series 2013 Note. 3.01. For the purposes set forth above, there is hereby authorized the issuance, sale and delivery of the Series 2013 Note in an aggregate principal amount not to exceed $10,000,000. The Series 2013 Note shall bear interest at rates designated by the terms of the Servicing Agreement and the Series 2013 Note, and shall be designated, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms,details, and provisions as are prescribed in the Servicing Agreement, in the form now on file with the City, with the amendments referenced herein. T'he City hereby authorizes the Series 2013 Note to be issued as a "tax-exempt bond" the interest on which is not includable in gross income for federal and State of Minnesota income tax purposes. 433046v1 JAE FR110-12 3 111 3.02. All of the provisions of the Series 2013 Note, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Series 2013 Note shall be substantially in the form set forth in the Servicing Agreement, which form is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the name of the Series 2013 Note,the aggregate principal amount of the Series 2013 Note,the stated maturities and maturity dates of the Series 2013 Note, the interest rates on the Series 2013 Note, and the terms of optional and mandatory redemption of the Series 2013 Note) as the Mayor and the City Manager of the City(the"Mayor"and"City Manager,"respectively), in their discretion, shall determine. Upon approval of the Project by DEED, the Mayor and the City Manager are authorized and directed to prepare and execute the Series 2013 Note as prescribed in the Servicing Agreement and the Series 2013 Note shall be delivered to the Servicer on behalf of the Lead Lender. T'he execution of the Series 2013 Note with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Series 2013 Note by the City shall be conclusive evidence of such determination. The City Council of the City hereby authorizes and directs the Mayor and the City Manager to execute and deliver the Series 2013 Note. 3.03. The Series 2013 Note shall be a special limited obligation of the City, and the principal of, premium, if any, and interest on the Series 2013 Note shall be payable solely from the proceeds of the Series 2013 Note, the revenues derived from the Borrower pursuant to the terms of the Loan Agreement and the Servicing Agreement, and the security provided by the Bonower in accordance with the terms of the Loan Agreement,the Servicing Agreement,the Mortgage, and any and all other security of any kind or nature provided by the Borrower to the Servicer. Section 4. The Note Documents. The Cooperative Agreement, the Servicing Agreement and the Loan Agreement(collectively, the "Note Documents")are hereby approved. The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Note Documents. All of the provisions of the Note Documents, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Note Documents shall be substantially in the form on file with the City, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and City Manager, in their discretion, shall determine, and the execution of the Note Documents by the Mayor and City Manager shall be conclusive evidence of such determination. Section 5. Disbursements of Series 2013 Note Proceeds. The proceeds of the Series 2013 Note shall be disbursed in accordance with the terms of the Loan Agreement, the Servicing Agreement, and the Disbursing Agreement for the payment of the costs of the Project and related costs in accordance with the terms of the Loan Agreement,the Servicing Agreement,and the Disbursing Agreement. Section 6. Other pocuments. The Mayor, the City Manager, and the Finance Director/Treasurer of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Series 2013 Note, including one or more certificates of the City, an endorsement of the City to the tax certificate of the Borrower, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Series 2013 Note. The City hereby approves the execution and delivery by the Servicer of the Servicing Agreement, the Disbursing Agreement, the Mortgage, and all other instruments, certificates, and documents prepared in conjunction with the issuance of the Series 2013 Note that require execution by the Servicer. The City hereby authorizes Kennedy& Graven, Chartered, acting as bond counsel, to prepare, execute, and deliver its approving legal opinion with respect to the Series 2013 Note. 433046v1 JAE FR110-12 4 112 Section 8. Servicer Authorized to Act. The Servicer is hereby authorized to accept the Mortgage in order to secure payment of the Series 2013 Note and is hereby authorized to take all actions necessary or appropriate under the terms of the Mortgage to ensure timely payment of the principal of, premium, if any, and interest on the Series 2013 Note. The Servicer is further authorized to accept the Guaranty from the Guarantor. Section 9. Disclosure Documents. The City has not participated in the preparation of any official statement or other disclosure document relating to the offer and sale of the Series 2013 Note and the City assumes no responsibility for the sufficiency, accuracy, or completeness of any information set forth in any such disclosure document. Section 10. The Citv and Its Officers.Employees, and A ents. 10.01. As required by the terms of Section 469.154 of the Act, the employees, officers, and agents of the City are hereby authorized and directed to submit an application to DEED for approval of the Project and the issuance of the Series 2013 Note. 10.02. Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such officers, board, body, or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. � 10.03. No covenant, stipulation, obligation, or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council of the City, or any officer, agent, or employee of the City in that person's individual capacity, and neither the City Council of the City nor any officer or employee executing the Series 2013 Note shall be liable personally on the Series 2013 Note or be subject to any personal liability or accountability by reason of the issuance thereof. 10.04. No provision, covenant, or agreement contained in the aforementioned documents, the Series 2013 Note, or in any other document relating to the Series 2013 Note, and no obligation therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements,provisions, covenants; and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement and the Servicing Agreement which are to be applied to the payment of the Series 2013 Note, as provided therein and in the Servicing Agreement. 10.05. Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the Series 2013 Note issued under the provisions of this resolution, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holders from time to time of the Series 2013 Note issued under the provisions of this resolution. Section 11. Severabilitv. In case any one or more of the provisions of this resolution, other than the provisions contained in Section 3 hereof, or of the aforementioned documents, or of the Series 2013 Note issued hereunder shall for any reason be held to be illegal or invalid, such illegality or 433046v1 JAE FR110-12 5 113 invalidity shall not affect any other provision of this resolution,or of the aforementioned documents, or of the Series 2013 Note, but this resolution, the aforementioned documents, and the Series 2013 Note shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. Section 12. Validit�of the Series 2013 Note. The Series 2013 Note, when executed and delivered, shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity of the Series 2013 Note and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution,to the issuance of the Series 2013 Note, and to the execution of the aforementioned documents to happen, exist, and be performed prior to the execution of the aforementioned documents have happened, e�ust, and have been performed as so required by law. Section 13. Authorization for Other Acts. The officers of the City, bond counsel, other attomeys, engineers, and other agents or employees of the City aze hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Series 2013 Note for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Series 2013 Note, the aforementioned documents and this resolution. In the event that for any reason the Mayor is unable to carry out the execution of any of the documents or other acts provided herein, any persons delegated the duties of the Mayor shall be authorized to act in the capacity of the Mayor and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Manager is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any person delegated the duties of the City Manager,with the same force and effect as if such documents were executed and delivered by the City Manager. Section 14. Designation as Bank-Oualified Obli ation. The City hereby designates the Series 2013 Note as a"qualified taar-exempt obligation"for purposes of Section 265(b)(3)of the Code. Section 15. Payment of Costs. The Borrower has agreed to pay directly or through the City any and all costs paid or incurred by the City in connection with the transactions authorized by this resolution,whether or not the Series 2013 Note is issued. Section 16. Pavment of Citv's Administrative Fee. The Loan Agreement will require the Borrower to pay the City's bond administrative fee in the amount of one-eighth of one percent(0.125%) of the principal amount of the Series 2013 Note when the Series 2013 Note is issued. In addition, the Loan Agreement will include a provision requiring the Borrower to compensate the City for any economic loss it incurs if it must issue general obligation bonds in 2013 that are not"qualified taX-exempt obligarions"for purposes of Section 265(b)(3)of the Code. Section 17. Effective Date. This resolution shall be in full force and effect from and after its passage. 433046v1 JAE FR110-12 6 114 Approved by the City Council of the City of Fridley,Minnesota,this 28th day of October,2013. Mayor ATTEST: City Clerk 433046v1 JAE FR110-12 � 115 ` AGENDA ITEM CITY COUNCIL MEETING OF F�°� OCTOBER 28, 2013 TO: WALLY WYSOPAL, CITY MANAGER FROM: DARIN R. NELSON,FINANCE DIRECTO GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2013 NUISANCE ABATEMENT DATE: October 24,2013 Attached you will find the final assessment roll for the 2013 Nuisance Abatement along with the Resolution to adopt the assessment. The assessment includes 28 properties at a cost of$14,590.77. The assessment will be certified for 1 year at an interest rate of 6.5%. DRN/gt Attachment 116 RESOLUTION NO. 2013- RESOLUTION ADOPTING ASSESSMENT FOR 2013 NUISANCE ABATEMENT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heazd and passed upon all objections to the proposed assessment for the 2013 Nuisance Abatement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 2014, and shall bear interest at the rate of 6 %2 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2014. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28�' DAY OF OCTOBER, 2013. SCOTT J. LLJND -MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 117 CITY OF FRIDLEY 2013 NUISANCE ABATEMENT FINAL ASSESSMENT ROLL Property ID Owner Name Slte of Abatement TOTAL Fridle address 03-30-24-22-0066 Federal Home Loan 8350 East River Road b 150.59 Mort a e Cor oration 03-30-24-23-0223 Joe Paulzine 681 Glencoe St E 2,263.19 03-30-24-24-0049 Jody J.Jakubik 8145 Ruth Street a 404.68 10-30-24-12-0043 Corelogic Inc 115 Craig Way a 799.13 10-30-24-14-0032 Fannie May 41 Talmadge Way NE a 127.04 11-30-24-14-0015 Nationstar Mortgge LLC 7351 Jackson St. NE a 1,385.98 11-30-24-24-0016 Lobsang 8 Kalsang 7341 Tempo Terrace 5 581.74 Bhutia 11-30-24-24-0090 Household Industrial 7313-15 University Avenue 5 468.06 Finance NE 12-30-24-13-0007 Select Portfolio 7420 Bacon Dr. a 632.01 Servicin Inc. 73-30-24-23-0073 Welis Fargo Real Est Tax 1027 Mississippi Street a 150.59 Service 13-30-24-37-0054 The Scretary of Housing 6329 Dellwood Dr NE ;150.59 8 Urban Develo 13-30-24-33-0032 Residential Funding Co. 6209 Baker Ave. NE E 652.05 LLC 14-30-24-21-0058 JPMorgan Chase Bank 477 Rice Creek Terrace �127.04 NA 14-30-24-41-0052 BAC Tax Services Corp 728 63rd Avenue NE E 450.31 14-30-24-41-0101 Select Portfolio 6320 Able Street NE a 173.68 Servicin Inc. 14-30-24-41-0104 Green Tree Outsourcing 6301 Van Buren Street NE a 217.39 75-30-24-41-0021 Anne Marie Huston 6403 Ashton Avenue $765.73 23-30-24-14-0053 Chase 721 58th Avenue NE s 1,082.81 23-30-24-14-0054 Neal Eisinbraun 731-58th Avenue $672.09 23-30-24-22-0029 Washington Mutual 6025 2 1/2 St. a 621.99 Home Loan 23-30-24-24-0097 FederalNational 491 57th Ave�ue a 113.68 Mort a e Association 23-30-24-33-0006 June O Campo De La 112 Crown Road S 297.66 Cruz 8 Kazoua Lee 24-30-24-24-0090 Corelogic Inc 5895 Central Avenue NE �150.59 24-30-24-32-0038 Robert P.Jensen 1011 Lynde Drive �193.95 24-30-24-32-0070 Wells Fargo Real Est Tax 5586 Fillmore St. a 417.78 Service 24-30-24-34-0062 CITI Mortgage 1300 Skywood Ct $838.13 24-30-24-42-0092 Shawn Ahmed 5568 W.Danube Road a 387.85 26-30-24-22-0050 Nationstar Mortgage 5087 Clearview Street NE �364.46 LLC Total $14,590.77 118 � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 28 2013 O17 OF � FRDLEY Date: October 23,2013 To: Walter T.Wysopal,City Manager From: Scott Hickok,Community Development Director lulie Jones, Planning Manager Stacy Stromberg, Planner Subject:First Reading of the Ordinance for Rezoning,ZOA#13-01, Fridley Land LLC, Paul Hyde INTRODUCTION The petitioner, Paul Hyde,of Fridley Land LLC,the owner of 4800 East River Road, is - requesting to rezone what has been known as the BAE/FMC/Navy site from its current ""'� zoning classification of M-2, Heavy Industrial to S-2, Redevelopment District. The purpose of the rezoning is to allow — flexibility of both performance standards � �� .�:. �� and uses within the future industrial - .��,_�-�-� redevelopment of this site. -�- � =Y�.....• PAST COUNCIL ACTION ..��..�.. � At the October 14,2013,City Council meeting,a public hearing was held for ZOA #13-01. Staff has sent the 60-day agency action letter to allow the additional time needed "'° ' to hold the first and second reading of the ordinance. PLANNING COMMISSION '""'"""'"' RECOMMENDATION At the September 18,2013, Planning Commission meeting,a public hearing was held for ZOA#13-01. After some discussion,the Planning Commission recommended approval of rezoning,ZOA#13-01. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurr`ence with the Planning Commission. 119 City Staff also recommends that Council hold the first reading of the ordinance to approve rezoning request,ZOA#13-01 from M-2, Heavy Industrial to S-2, Redevelopment District. STIPULATIONS Staff recommends the following stipulations, if rezoning request,ZOA#13-01 is approved. 1. The petitioner shall obtain all necessary permits for each phase prior to construction, including but not limited to building, land alteration, right-of-way and sign permits. 2. The proposed project and phasing shall meet all Building code, Fire code, and ADA requirements. 3. City engineering staff to review and approve grading, drainage and utility plans prior to issuance of building permit for each phase or building. 4. A storm pond maintenance agreement shall be required for each pond in the overall development.The uncertainty related to future phases' layouts will require a stormwater pond agreement for each phase and submitted for approval, prior to issuance of any building permits for that related phase. 5. landscape and irrigation plan to be reviewed and approved by City Staff prior to issuance of any building permit for each phase or building. 6. The petitioner shall pay all water and sewer connection fees prior to issuance of any building permit for each phase or building. 7. Bicycle/pedestrian connections between buildings within project and to the adjacent regional park shall be incorporated into the Master Plan. Bike racks shall also be provided for each building in the development. 8. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department and the Minnesota Department of Transportation. 9. Costs for modification to site access at East River Road and this site's redevelopment related signalization enhancements shall be borne by the petitioner and petitioner's successor. 10. Due to the complexity of this redevelopment and ultimately the number of unknowns related to who will be new tenants or owners of buildings and what their specific needs will be, the developer shall be required to keep each phase of his development within 109�0 of that square foot dimension that is shown for each phase in the Master Plan.This means that while there may be a modification in shape and size of buildings in each phase,the overall phase shall not deviate from the Master Plan square foot dimension by more than 10`Y. Any changes that deviate by greater than 10%shall be reviewed and approved by the Planning Commission and City Council. 11. Each phase should generally comply with the most similar zoning district performance standards. (ie. light industrial phases shall generally comply with M-1, Light Industrial performance standards). 12. An increase in overall square footage beyond 1,839,220 sq ft will require further AUAR review. 13. No park fee is required of petitioner, because the original owner of the subject property dedicated land for park purposes. 14. The petitioner shall maintain a vegetative cover on all excavated areas awaiting building construction. 15. A development agreement between the Developer and the City for all public/private site improvements including but not limited to streets, utilities, and landscape shall be approved for the overall development, prior to issuance of a building permit for the first building in phase one. 120 ORDINANCE NO._ ORDINANCE TO AMEND THE CITY CODE OF TI�CITY OF FRIDLEY,MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated,and is hereby subject to the stipulations as shown in E�ibit 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 4800 East River Road NE, legally described as: Lot 1 and 2,Block 1,Armament Systems Division Is hereby designated to be in the Zoned District S-2 (Redevelopment District) SE CTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-2(Heavy Industrial)to S-2 (Redevelopment District). PASSED AND ADOPTED BY'TF�CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4`�'DAY OF NOVEMBER,2013. SCOTT J. LUND—MAYOR ATTEST: DEBRA A. SKOGEN—CITY CLERK Public Hearing: October 14,2013 First Reading: October 28,2013 Second Reading: November 4, 2013 Publication: 121 EXHIBIT 1 1. The petitioner shall obtain all necessary permits for each phase prior to construction, including but not limited to building, land alteration,right-of-way and sign permits. 2. The proposed project and phasing shall meet all Building code,Fire code, and ADA requirements. 3. City engineering staffto review and approve grading,drainage and utility plans prior to issuance of building permit for each phase or building. 4. A storm pond maintenance agreement shall be required for each pond in the overall development. The uncertainty related to future phases' layouts will require a stormwater pond agreement for each phase and submitted for approval,prior to issuance of any building permits for that related phase. 5. Landscape and irrigation plan to be reviewed and approved by City Staff prior to issuance of any building permit for each phase or building. 6. The petitioner shall pay all water and sewer connection fees prior to issuance of any building permit for each phase or building. 7. Bicycle/pedestrian connections between buildings within project and to the adjacent regional park shall be incorporated into the Master Plan. Bike racks shall also be provided for each building in - the development. 8. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department and the Minnesota Department of Transportation. 9. Costs for modification to site access at East River Road and this site's redevelopment related signalization enhancements shall be borne by the petitioner and petitioner's successor. 10. Due to the complexity of this redevelopment and ultimately the number of unknowns related to who will be new tenants or owners of buildings and what their specific needs will be,the developer shall be required to keep each phase of his development within 10%of that square foot dimension that is shown for each phase in the Master Plan.This means that while there may be a modification in shape and size of buildings in each phase,the overall phase shall not deviate from the Master Plan square foot dimension by more than 10%. Any changes that deviate by greater than 10% shall be reviewed and approved by the Planning Commission and City Council. 11. Each phase should generally comply with the most similar zoning district performance standards. (ie. Light industrial phases shall generally comply with M-1,Light Industrial performance standards). 12. An increase in overall square footage beyond 1,839,220 sq ft will require further AUAR review. 13. No park fee is required of petitioner, because the original owner of the subject property dedicated land for park purposes. 14. The petitioner shall maintain a vegetative cover on all excavated areas awaiting building construction. 15. A development agreement between the Developer and the City for all public/private site improvements including but not limited to streets,utilities,and landscape shall be approved for the overall development,prior to issuance of a building permit for the first building in phase one. 122 � AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 28, 2013 CITY OF FRIDLEY INFORMAL STATUS REPORTS � 123