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CCA 10/13/2014 - `�°` CITY COUNCIL MEETING OF OCTOBER 13, 2014 Fridley The City of Fridley wili 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 individuafs 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 (6:30 P.M.) City of Fridley Tree Policy CITY COUNCIL MEETING (7:00 P.M.) PLEDGE OF ALLEGIANCE. RECOGNITION: Nicholas Grivna Drew Swenson Completion of their Eagle Scout Service Project at Springbrook Nature Center APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 22, 2014 ........................................................ 1 - 9 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution Directing Preparation of the Assessment Roll for the 2014 Lateral RepairProject .............................................................................................. 10 - 11 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13 2014 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Resolution Confirming the Statutory Levelof Tort Limits ........................................................................................ 12 - 13 3. Resolution Receiving Recommendation of the Fridley City Charter Commission to Amend Fridley City Charter, Chapter 7, Taxation and Budget, Section 7.04, Preparation of Annual Budget, and Section 7.05, Passage of Budget by Ordinance; Scheduling Public Hearing Date of November 10, 2014; and Directing Publication of Hearing Notice ......................................................... 14 - 18 4. Motion to Receive and Acknowledge the Fiscal Year 2015 Budget for Twin Cities Gateway - ........................................................................................................ 19 2 5. Receive the Minutes from the Planning Commission Meeting of August 20, 2014 ..................................................... 22 - 31 6. Claims ........................................................................................................... 32 - 51 7. Licenses ........................................................................................................ 52 - 55 OPEN FORUM. VISITORS: Consideration of items not on Agenda — 15 minutes. ADOPTION OF AGENDA: FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13 2014 PAGE 3 PUBLIC HEARINGS: 8. Consider the Proposed Assessment for Street ProjectNo. ST 2014-01 ................................................................................ 56 - 58 9. Consider the Proposed Assessment for Oak Glen Creek Erosion Control Project No. 380 ......................................................... 59 - 61 PUBLIC HEARING/NEW BUSINESS: 10. Consider Issuing an On-Sale Intoxicating Liquor License to Mary M. Tjosvold for Crooners Lounge & Supper Club, Inc., Located at 6161 Highway 65; and Motion to Approve Liquor License and Other Required Business Licenses for Crooners Lounge and Supper Club (VVard 2) ................................................ 62 - 64 NEW BUSINESS: 12. Resolution Adopting the Assessment for the 2014 Street Improvement Project No. 2014-01 ............................................. 65 - 68 13. Resolution Adopting the Assessment for the Oak Glen Creek Erosion Control Project No. 380 ........................................................................................................ 69 - 71 14. Resolution Approving Grant Agreement befinreen the City of Fridley and the Metropolitan Council to Accept the State Bond Grant of $5 Million to Improve the Springbrook Nature Center (Ward 3) ............................................................................................ 72 - 130 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 13. 2014 PAGE 4 NEW BUSINESS (CONTINUEDI: 15. Resolution Requesting Concurrent Detachment from Fridley and Annexation to Spring Lake Park of Certain Lands, Pursuant to Minnesota Statute414.061 (1Nard 1) ............................................................................... 131 - 137 16. Informal Status Reports ................................................................................ 138 ADJOURN. � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF October 13, 2014 7:00 p.m. — City Council Chambers Attendance Sheet Please print name, address and item number you are interested in. Print Name (Clearlp) Address Item No. �� ' 2•.- ��<=`..� c �c �� 1' Z y��v'L`< � ��_.�.'c�\�� ( j �-�r=��2C�. � l_ v , .;.--� 1 � � � _ c� =�`;� _�r"� 't-- � �� ,Z,�.��.'�` Z� �-•,Y..�--�.,_r�,��,�., ( c-�' ��.� _ � ,� �, � C �� ( (o �� CITY COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 22,2014 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saeflte Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director James Kosluchaz,Public Works Director John Berg, Fire Chief Sue Redmond, Alexander House Pat Gabel, 5947—2 '/Z Street N.E. Rick Nye, 5477 East Danube Road Donald Anderson, Jr., 7304 West Circle NE PROCLAMATIONS: Domestic Volence Awareness Month: October 2014 Fire Prevention Week: October 5-11, 2014 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 8,2014 APPROVED. NEW BUSINESS: 1. Extension Request for Final Plat Approval, PS #14-01, by Tri-Land Development, Inc., to Subdivide the Existing Large Lot, Located at 250 - 57th Avenue, to Create Two Separate Parcels From the Original Lot; for Development Along 57th Avenue NE (Ward 3). 1 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22,2014 PAGE 2 Wally Wysopal, City Manager, stated this is a second request for a 60-day extension for final plat approval by Tri-Land Development. This is to subdivide the existing lot located at 250 57th Avenue and create two separate parcels. Councilmember Bolkcom asked if staff thought in 60 days there would be another request for an extension. Scott Hickok, Community Development Director, replied they have been working on the easement agreement. The second revision of the re-plat is being reviewed by Anoka County. They are confident everything will be done in 60 days. APPROVED. 2. Approve Cielo Development Right-of-Way Easement Agreement between the City of Fridley and Cielo Partners,LLC (Ward 1). APPROVED. 3. Resolution Directing Preparation of the Assessment Roll for the 2014 Nuisance Abatement. Mr. Wysopal stated this involves lawn mowing and yard clean-up, etc. There are 32 properties and the assessment will be one year at 6.5 percent. ADOPTED RESOLUTION NO.2014-66. 4. Resolution Directing Publication of Hearing on the Proposed Assessment Roll for the 2014 Nuisance Abatement. ADOPTED RESOLUTION NO.2014-67. 5. Claims. APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. AP'PROVAL OF CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. . 2 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22.2014 PAGE 3 OPEN FURUM: Pat Gabel, said she was at the meeting to let them know they are new members for the Fridley Community Advisory Group that is studying the Fridley superfund sites in Fridley. They have been doing that for about one and one-half yeazs. They are well into it but , and they still need some new people. They do not need a great deal of expertise—just the willingness to work and participate. They do a lot of reseazch and studying. 'They have a meeting once a month at the Community Center, and the meeting is every third Thursday from 6 p.m. to 8 p.m. What they are doing is studying the sites and trying to promote understanding from the standpoint of environmental, health implications, remediation options, and overall community objectives. They are going to disseminate this information out and eventually will present it at City Hall, too, in some form. Mayor Lund said they started with 20 people and are now down to about 15. Ms. Gabel stated they had 21 originally and are now down to about 13 so they could use more people. It is a positive group and it will help to eliminate a lot of fears and stories that get spread. � Mayor Lund asked Ms. Gabel if she expects at some time the Community Advisory Group will wish to come before Council to give their findings of fact and their insights. Ms. Gabel replied, yes, they have talked about that and expect to probably do it within the next year. Conncilmember Bolkcom stated people can still attend the meeting if they want. Ms. Gabel replied, absolutely. The meetings are open to the public and they would love to have people attend. They have a lot of good speakers; people who come from the EPA and the Minnesota Pollution Control Agency and provide information. There is always someone there from the Minnesota Department of Health. All these people lend their expertise and provide documents on anything they are interested in learning about. They have all been very good about doing this for them. Rick Nye, 5477 East Danube Road, stated he is there about his street. He called the City quite a few times and other neighbors have too. He has pictures of what it looks like and the shape the concrete is in and how it sits right in front of their driveway. Mayor Lund asked if any repair work had been done. Mr.Nye replied,no. Mayor Lund asked if his issue was about the condition of the streets and if he wanted to see improvements made. Mr.Nye said kids have bent their bike frames and ruined their tires from hitting the holes. 3 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22,2014 PAGE 4 Mayor Lund stated they will look at the pictures and seek some advice from the Public Works Director and will respond to him in the near future. He asked if he wanted the pictures back. Mr. Nye replied,no,he has more. Mayor Lund asked Mr. Kosluchaz if he wished to respond or he wanted to wait and get more information about this issue. James Kosluchar, Public Works Director, said he had not spoken with Mr. Nye and was not familiaz with that address. Mr. Donald Anderson, 7304 West Circle NE, stated the new street light they put in on Osborne Road and Highway 65 does not turn green for quite a while. Mayor Lund asked in which direction. Mr. Anderson replied, turning northbound on Highway 65 from Osborne Road. He was sitting there waiting for 15 to 20 minutes. Mayor Lund asked if it was during rush hour or non-nzsh hour traffic. Mr. Anderson replied,non-rush hour. He thought it was on a Saturday. Mayor Lund stated they will talk with MnDOT about that. Mr. Kosluchar stated northbound Highway 65 was opened on Saturday. They were working on stoplight timing today. He saw MnDOT crews on Mississippi and 73rd Avenue, so they may be working their way up. He will follow up with MnDOT. Councilmember Bolkcom stated on Mississippi going across University about only two cars can get through. Did they change those lights because of the construction? Same thing on East River Road. Mr. Kosluchar stated they have their regular crews out. He did not think they brought them out on Saturday when they opened up the roadway. It is a big job. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. 4 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22.2014 PAGE 5 NEW BUSINESS: 7. Resolution Establishing the Naming and Recognition Policy for the Springbrook Nature Center SPRING Project. Jack Kirk, Parks and Recreation Director, stated the Springbrook Nature Center Foundation is in the process of some major fundraising for the SPRING Project. The overall SPRING Project is a $7.6 million project, and it was given a tremendous boost when it was included in the State bonding bill in the amount of $5 million. The Foundation knows there is money still to be raised. Mr. Kirk stated the opportunity to put individuals, a corporation, or a business name on the building or other major feature of the project will likely be a key factor in gaining a significant amount of the money. When the SPRING Project was in the beginning stages that was always something that was looked at by the Foundation as an azea that would help generate funds. In fact, the Foundation actually presented a proposed policy in 2006 to the Parks and Recreation Commission. While the Commission was favorable to the concept, the fundraising was not underway at that time. They wanted it brought back at a later time when more details were available. They took a more updated proposal to the Pazks and Recreation Commission on September 8. The Commission passed a motion of support for that proposal. Mr. Kirk stated having an approved policy up front with all of the guidelines in it is going to be beneficial to everyone. It will be beneficial to the Foundation members as they try to raise funds, to Council if people ask them how to get things named, and to prospective donors. Mr. Kirk stated Council would approve a donation policy with the qualifications so prospective donors and everyone would know what to expect. The Springbrook Nature Center Foundation would receive donations based on the donation and naming rights policy. Gifts and donations would be accepted by the Foundation, and the donor would likely receive some type of tax donation benefit. The Foundation would donate money to the City as directed by the donor, as it is a CiTy project. The large donations with naming rights associated with them would be officially approved by the City Council. Mr. Kirk stated there is a proposed document for Council's consideration this evening. It has been worked on by the Fundraising Committee of the Springbrook Nature Center Foundation SPRING Project and City staff. It is intended to serve as an outline and a guide for the fundraising project for the remaining funds. The Springbrook Nature Center Foundation would like to have some flexibility with respect to the dollar amounts, as they negotiate or have an opportunity to work with prospective donors, and the Parks and Recreation Commission supported that flexibility in its motion and approval. Mr. Kirk stated it would be used by the Foundation to encourage donations to the SPRING Project and provide some clear direction on what they would be doing with naming rights. The top four levels that are listed related to the naming rights would come to the City Council for official action with an agreement being signed. 5 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER_22,2014 PAGE 6 Mr. Kirk stated any donations over $30,000 are going to have naming rights associated with them. There would be an agreement the City Council would approve. The naming of a facility or feature would follow specific requirements, and there would be proper recognition on the facility or the feature which would identify the donor. There could possibly be something written about the donor as well,depending on the type of facility that was named. Mr. Kirk stated they want to make it clear that the individual, the company, or the organization would not be receiving any other preferential treatment. If a building was named after someone, it does not mean they could use it whenever they wanted to for free. They are not going to be given any preferential treatment other than the naming rights. Mr. Kirk stated in the rare instance a name becomes undesirable or becomes an infamous name, and the City would not want that name associated with it anymore,there is a clause in that policy that would allow the City to remove that name. The document would also recognize sponsored fiznds or donations in the name of others that would be part of this fundraising plan. If people wanted to donate money in a person's name and collectively they would get to a certain level, and they wanted to name something after that person,that is part of the plan as well. The facility or various structures of the project were given an initial sponsorship level which is in the document. The Foundation would like to have some flexibility as the process unfolds. They aze working with Fox Advancement, who is doing a feasibility study at the same time while they are doing their initial fundraising. Therefore, they may come back and recommend those dollar amounts be adjusted. Mr. Kirk said in the policy, there are some memorial and tribute tree guidelines. That was also addressed by the Parks and Recreation Commission who supported those and the recommended funding level. A tree donation for the SPRING Project would be $1,500, which would cover the tree planting, recognition on a centrally-located mazker within the project, and also a donation to the overall SPRING Project. There would be very similar guidelines for the memorial bench. The donation would be $2,500 which would cover the bench, the installation, some type of marker or inscription on the bench, and then also a donation to the overall projeet. The recognition pavers that are going to be part of the walkway axea would be paver stones of several different sizes which would have something engraved on them. There would be four price points based on the size: $125, $225, $400,or $1,000. � Mr. Kirk stated included in Council's agenda packet is the naming and recognition policy, a resolution establishing that policy, and a copy of the minutes from the September 8, 2414, Parks and Recreation meeting. In addition to the members of the Parks and Recreation Commission, Recreation staff also supports this proposed naming and recognition policy, and recommend City Council approval of the resolution. Mayor Lund asked how successful have they been with their fundraising. Mr. Kirk replied they were going to let the Fox Advancement Group complete the feasibiliTy study and in a couple months come back with the proposed naming and recognition policy. There have been some individuals who have come expressed an interest in making a pretty . significant donation, and they wanted to know what their options were. He does not know of any 6 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22,2014 PAGE 7 specific dollar amount yet. He was told there was one individual who was looking at donating in the neighborhood of $100,000 and that was the first of a possible couple donations by that individual. Councilmember Saefke stated these donations are going to the Springbrook Nature Center Foundation and not to the City of Fridley directly. Mr. Kirk stated the donations would go to the Springbrook Nature Center Foundation which is a 501(c)(3) organization. For many businesses and organizations, that is an important component as they look at their tax benefit to making a donation. However,the project is a City project and, therefore, they are putting a name of a facility or feature on a City of Fridley amenity. That is why it is being approved by the City CounciL Councilmember Bolkcom asked the City Attorney if she was comfortable with what was being presented to them. Darcy Erickson, City Attorney, replied this is the first she has seen of it. She had spoken with the City Manager and Jack Kirk; and she thinks they have a collective understanding. The policy is fairly clear and is going to be easy to administer. Councilmember Bolkcom asked if the donations would be on the consent agenda. Mr. Wysopal replied, all the donations will be received by the Foundation which will be turned over to the City with some itemization, and staff would then put them on the consent agenda. They will prepare a form so the public understands where this money is coming from and will identify the donors who gave the money to the Foundation. At a certain level,the large gifts will come before the City Council for a sepazate Council agenda action so they are all in agreement with the acceptance of the donation and the naming right that may go with it. Councilmember Bolkcom asked on page 60, under "Naming Requirements," the second to the last paragraph says that no name rights will be given to"whimsical or nonsensical groups, real or imagined." The next paragraph says that if donation requirements are met, naming rights may be given at the discretion of the City of Fridley, upon providing purpose and reason, to fictional characters. She asked if "Goofy" would be considered a fictional chazacter or whimsical or nonsensical,real or imagined and how that was different. Mr. Kirk replied that is a good point. It gives the City Council the ability to deny the use of the proposed name if they feel it is inappropriate. Councilmember Bolkcom said it says social or service clubs that do not serve the Twin Cities metro area. She asked if it mattered if they served the metro area. Mr. Kirk said he did not know that it mattered. They wanted to make sure they did not limit themselves if they did have a group that was outside of one that was a local organization that wanted to donate to this project because they believed in nature or interpretive education. 7 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22 2014 PAGE 8 Councilmember Bolkcom sta.ted there is nothing under the naming rights related to being in the Twin Cities area. Mr. Kirk stated in the initial proposal, the Foundation put it in there thinking it may broaden their reach so they left it in. Councilmember Bolkcom stated but it says at the discretion of the City of Fridley. It did not make sense why they care whether they serve the metro azea. She asked if she donates money for a bench and the bench gets its own placard,will it be by the bench? Mr. Kirk replied it was embedded into it. Councilmember Bolkcom stated if it gets damaged beyond repair,it goes away unless the donor wants to spend more money to put another bench in. Mr. Kirk replied that is the same approach they take with the benches in the other parts of the park system. Councilmember Bolkcom stated originally when this was discussed at their workshop,the trees had the same thing. However,No. 5 on Page 63, says there is going to be a shared marker. Same thing with a tree, if it is damaged or it dies, it is gone. They do not remove their name where it is centrally located. Mr. Kirk stated it states in No. 9 that in the event it is damaged or replaced the City may choose not to. They would not remove it. He is envisioning the shared markers could have potentially 20 names on it. They are not going to try and scratch it out. They donated it in good faith. What they are trying to do is protect it. If there was a significant vandalism spree,the City is not going to have to go out and all at once replace all of these items that somebody donated. Some of these things are at the mercy of nature as well. Councilmember Bolkcom asked who they would call if they have $6,000 to $100,000 to donate. Mr. Kirk replied they could call him or any one af the Springbrook Foundation members who are listed on the Foundation's website. Councilmember Barnette asked whether any of these things are insured. Mr. Kirk said the City has a large deductible in terms of the insurance coverage. Overall, the building is insured but the smaller items are not. The City could handle replacing some items, but if there was a vandalism spree,they might have to pick and choose what could be replaced at that time. MOTION by Councilmember Bolkcom to adopt Resolution No. 2414-68. Seconded by Councilmember Saeflce. 8 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22,2014 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Informal Status Report. Mr. Wysopal stated absentee voting is now taking place through November 3. If people would like to vote absentee, they can do it by mail or by calling City Hall. They can also show up at City Hall any time between 8 a.m. and 4:30 p.m. through October 31. On Saturday,November 1, City Hall will be open for absentee voting from 10 a.m. to 3 p.m. On Monday, November 3, City Ha11 will be open from 8 a.m.to 5 p.m. 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 7:54 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor 9 � AGENDA ITEM � CITY COUNCIL MEETING OF c�'�l Fn��' OCTOBER 13, 2014 TO: WALLY WYSOPAL,CITY MANAGE��j.��'` FROM: DARIN R.NELSON,FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR TI�E 2014 LATERAL REPAIR DATE: October 1,2014 Aitached you will find the resolution directing prepazation of the assessment roll for the 2014 Lateral repair. This proj ect included 1 Lateral line repair. The assessment will be for 5 years at a rate of 6.5%. DRNlgt Attachment 10 RESOLUTION NO.2014 RESOLUTION DIRECTING PREPARATION OF THE ASSES5MENT ROLL FOR THE 2014 LATERAL REPAIR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,MINNESOTA, AS FOLLOWS: 1. It is hereby determined that the assessable cost to the following named improvement to wit 2014 LATERAL REPAIR including all incidental expenses thereto is estimated at$2,970.00. 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot,piece, or parcel of land benefited by said improvement according to law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13�' DAY OF OCTOBER 2014. SCOTT J. LUND -MAYOR ATTEST: DEBR.A A. SKOGEN - CITY CLERK 11 � AGENDA ITEM f��i�or CITY COUNCIL MEETING OF Fridley OCTOBER 13, 2014 To: WALTER T.WYSOPAL, CITY MANANG�y�� From: DARIN R.NELSON,FINANCE DIRECTOR CRAIG A.ELLESTAD,ACCOUNTANT Date: OCTOBER 6,2014 Re: RESOLUTION CONFIRMING STATUTORY LEVEL OF TORT LIMITS Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide annually whether or not to waive the sta.tutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: ❑ If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than$500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. ❑ If the city waives the statutory tort limits and does not purchase excess liabiliry coverage, a single claimant could potentially recover up to $1,500,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $I,500,000,regardless of the number of claims. Staff is recommending that the city does not waive the statutory tort limit. In this case the legal limit of tort liability would be capped at$500,000 per individual and $1,500,000 per occurrence. Again, staff recommends the Council approve the attached resolution that does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Attachment DRN/ce 1 12 RESOLUTION NO. 2014- A RESOLUTION CONFIRMING THE STATUTORY LEVEL OF TORT LINIITS WHEREAS,the City of Fridley maintains its insurance coverage through the League of Minnesota Insurance Trust;and WHEREAS, the League of Minnesota Insurance Trust requires the City Council to provide direction in regard to statutory tort liability limits for the City of Fridley; and WHEREAS,under Minnesota state law, if a city chooses to insure itself for an amount in excess of the statutory limits provided by state law, it will be deemed to have waived the protection of those statutory limits to the extent of any increase in the insured coverage amount; and WHEREAS, any increased coverage amount will result in an increase in the cost of insurance to the City;and WHEREAS, the current statutary tort limits are a maximum of$500,000 for an individual single claim,and$1,500,000 for a group of claimants on any single claim;and WHEREAS,the City of Fridley finds no reasonable basis to extend liability coverage beyond those amounts provided for under Minnesota law; and WHEREAS, the City of Fridley finds it to be in its best interest to be insured to the fu11 extent of liability imposed by law,but not beyond those statutory limits. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Fridley that it accepts up to and only to the extent of the statutory tort liability limits as expressly provided under Minnesota law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TffiS 13th DAY OF OCTOBER 2014. SCOTT J.LUND-MAYOR ATTEST: DEBRA A. SKOGEN-CITY CLERK 13 : s AGENDA ITEM :j � `�� CITY COUNCIL MEETING OF Fridley OCTOBER '13 2014 To: Walter T. Wysopal,City Manag�e�,�a"r From: Debra A. Skogen, City Clerk Moranda Zimmer, City Mana ement and Elections Intern Date: October 7, 2014 Re: A Resolution Scheduling a Public Hearing on an Ordinance Amending the Fridley City Charter, Chapter 7. Taxation and Finances and Directing Publication of Public Hearing Notice Introduction The Minnesota Legislature amended state law during the 2014 legislative session. The change extends the deadline for proposed levies for counties and cities from September 15 to September 30. This amendment was part of the 2014 Omnibus T�Bill,Minnesota Laws Chapter 308. Back�ound and Analvsis There was a push from metropolitan cities and counties to extend the tax levy certification date to allow cities to receive fiscal disparities information prior to certifying their preliminary levy. The state does not release fiscal disparities information until after September 15�`, the same time the levies are due. By extending this deadline to September 30�, the fiscal disparities information can be provided in a timelier manner to allow the counties and cities to submit a more accurate levy. This later date is also consistent with the schools deadline. In 2013 the city created a new budget planning process that now begins in June, rather than February. During the 2015 preliminary budget and levy discussions, the City Manager discussed the change with the City Council. The Fridley City Charter 7.04-7.05 requires the proposed budget and property tax levy must be submitted to the City Council the last council meeting in August. Keeping the Charter date set for the last meeting in August does not allow the city to have all of the information needed to prepare the most effective budget. A later date in September would allow the city to have all necessary information, and provide for more flexibility when preparing the preliminary budget and levy. On August 25, 2014, the City Council recommended the Charter Commission review Sections 7.04 and 7.05 in light of the legislative changes made. 14 The Charter Commission reviewed the language in Sections 7.04 and 7.05 of the City Charter on September 2 and October 6, 2014. The Charter Commission agreed the language should be amended due to the legislative change. The Charter Commission has recommended an amendment by ordinance, as shown in Attachment l. The amendment would allow the budget to be submitted to the City council in accordance with Minnesota State Law at a regular meeting in September. The Charter may be amended by an ordinance recommended by the Charter Commission. Within one month of receiving a recommendation, the city must publish notice of a public hearing containing the text of the proposed amendment at least two weeks but not more than one month after the notice is published. The public hearing sha11 be held and the ordinance must be adopted unanimously by the City Council and published in the official newspaper. The ordinance would become effective 90 days a$er publication. Based on this information, a resolution has been prepared receiving the recommendation, scheduling the public hearing for Monday, November 10, 2014 and directing staff to publish the Notice of Public Hearing in the official newspaper on October 24, 2014. Recommendation: Staff recommends a motion adopting a Resolution Receiving Recommendation of the Charter Commission, Scheduling a Public Hearing on November l0, 2014, on an Ordinance Amending the Fridley City Charter, Chapter 7. Taxation and Finances, and Directing Publication of Public Hearing Notice, as shown in Attachment 2. 15 Attachment 1 ORDINANCE NO. AN ORDINANCE AMDENDING FRIDLEY CITY CHARTER CHAPTER 7 TAXATION AND FINANCES, SECTIONS 7.04 PREPARATION OF ANNUAL BUDGET; SECTION 7.05 PASSAGE OF BUDGET The Fridley City Council hereby finds after review, examination and recommendation of the Fridley City Charter Commission,that the Fridley City Charter Chapter 7 Taxation and Finance be hereby amended and ordains as follows: FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCE SECTION 7.04. PREPARATION OF ANNUAL BUDGET 1. The City Manager shall prepare the estimates for the annual budget which shall include any estimated deficit for the current year. The estimates of expenditures shall be submitted by each department to the City Manager. Each estimate shall be divided into three (3)major subdivisions as follows: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outlay. Salary detail shall show a list of all salaried officers and positions with salary allowance and number of persons holding each. Wages sha11 be broken down in sufficient detail to justify the request. Ordinary expenses shall be broken down into such detail as the City Manager shall direct. Capital Outlay shall be itemized as to items and amounts. (Ref. Ord. 625) 2. In parallel columns shall be added the amounts expended under similar headings for the two (2)preceding fiscal years, and, as far as practicable, the amounts expended and estimated for expenditure during the current year. In addition to estimates of expenditures,the City Manager shall prepare a detailed statement of revenues collected for the two (2)preceding completed fiscal years with amounts estimated to be collected for the current fiscal year, and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted to the Council °+,� in accordance with Minnesota State Law, and shall be published twice in summary in the official publication prior to November 15. (Ref. Ord. 625, Ord. 946) SECTION 7.05. PASSAGE OF THE BUDGET The budget shall be a principal item of business at Ge�si��g�.�a re�ular meetin i�n September.�The Council shall hold subsequent meetings from time to time until all the estimates have been considered. The meetings sha11 be so conducted as to give interested citizens a reasonable amount of time in which to be heard;and an opportunity to ask questions prior to passa�e of the final bud�et. The budget estimates shall be read in full and the City Manager shall explain the various items thereof as fully as may be deemed necessary by the Council. The annual budget finally agreed upon sha11 set forth in such detail as may be determined by the City Council, the complete financial plan of the City for the ensuing fiscal year, and shall be signed by the majority of the Council upon being adopted. It shall indicate the sums to be raised and from what sources, and the sums to be spent and for what 16 Ordinance No. Page 2 purposes, according to the plan indicated in 5ection 7.04. The total sum appropriated shall not exceed the total estimated revenue. T'he Council shall adopt the budget by resolution in accordance with State Law. The resolution shall set forth the total of the budget and the totals of the major divisions of the budget, according to the plan indicated in Section 7.04. The budget resolution as adopted shall be published in the official publication. (Ref. Ord. 625, Ord. 94b) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2014. Scott J. Lund,Mayor ATTEST: Debra A. Skogen, City Clerk , Public Hearing: First Reading: Second Reading: Publication: 17 Attachment 2 RESOLUTION NO. 2014 - A RESOLUTION RECEIVING RECONiMENDATION OF FRIDLEY CITY CHARTER COMMISSION TO AMEND FRIDLEY CITY CHARTER CHAPTER 7.TAXATION AND BUDGET, SECTION 7.04 PREPARATION OF ANNUAL BUDGET AND SECTION 7.05 PASSAGE OF BUDGET BY ORDINANCE, SCHEDULING PUBLIC HEARING DATE FOR NOVEMBER 10, 2014 AND DIRECTING PUBLICATION OF HEARING NOTICE WHEREAS the Minnesota State Legislature amended Section 275.05, Subd. 1, of the Minnesota Statutes changing the date the city must report its preliminary budget to Anoka County from September 15 to September 30th to a11ow the city to receive information on fiscal disparities before adopting a preliminary levy; and WHEREAS, on October 6, 2014, the Fridley Charter Commission met and recommended an amendment by ordinance to Chapter 7. Taxation and Budget of the Fridley City Charter to amend Section 7.04 Preparation of the Annual Budget and Section 7.05 Passage of Budget to allow the preliminary budget and levy be presented to the City Council in September to accommodate the State's legislative change; and WHEREAS, Minnesota Statute Section 410.12, Subd. 7, allows for an amendment by ordinance upon recommendation of the Charter Comxnission; and WHEREAS, Minnesota Statute Section 410.12, subd. 7 requires the City to publish the notice of public hearing on the proposal containing the text of the amendment within one month of receiving a recommendation from the Charter Commission; and WHEREA5, Minnesota Statute Section 410.12, subd. 7 requires the City Council to hold the public hearing at least two weeks,but not more than one month after publication. NOW, THEREFORE BE IT RESOLVE, that the Fridley City Council hereby receives the recommendation from the Fridley Charter Commission to amend the Fridley Charter by Ordinance. BE IT FURTHER RESOLVED that the Fridley City Council hereby schedules a public hearing on the proposed amendment for November 10, 2014 and directs the city clerk to publish the notice of public hearing and text of the amendment in the City's official publication at least two weeks prior to public hearing. ` PASSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY THIS 13Tx DAY OF OCTOBER 2014. Scott J. Lund, Mayor AT°TEST: Debra A. Skogen, City Clerk 18 s = AGENDA ITEM '��f CITY COUNCIL MEETING OF Fridley OCTOBER 13, 2014 To: Walter T. Wysopal, City Manag��<,r,.." From: Debra A. Skogen, City Clerk� Date: October 6, 2014 Re: Acknowledgement of Receipt of Twin Cities Gateway 2015 Fiscal Year Annual Budget Chapter 608 of the Fridley City Code imposes a lodging tax on local lodging properties. The purpose of the t�is to fund a convention and tourism bureau to promote the City as a tourist destination. The City is a member of the Minnesota Metro North Tourism dba Twin Cities Gateway (TCG), a tourism bureau consisting of 9 cities. The Agreement between the City and TCG requires the annual budget be provided to the City on or before October 1 st of the year preceding the effective date of the budget. Such budget shall detail specifically the uses to which monies received shall be spent to provide the services provided. The 2015 Fiscal Year(FY)Budget for TCG was approved by the TCG Board of Directors on September 16, 2014 and received by Staff on September 29, 2014. TCG's projected budget for FY 2015 is $833,250,which represents significant growth over the organization's founding years(for comparison,the FY11 Budget was $569,921). TCG continued to trend favorably in 2014 receiving a 10% growth in lodging tax revenue over 2013. The TCG Board of Director's goal of maximizing marketing and promotional opportunities,while minimizing administrative and overhead expenses, allocates 82%to marketing and promotion and 18%to administrative ad overhead expenses. The ratio of marketing expenses is significantly higher than other comparable metropolitan organizations. Attachxnent 1 is an Executive Summary of the FY 2015 Budget providing line item budget descriptions and approved FY 2015 Budget. Staff recommends a motion receiving and acknowledging the Twin Cities Gateway Fiscal Year 2015 Budget. 1 19 r Tw�N CITIE5 GATEWAY Date: September 29,2014 To: Member Cities From: Steve Markuson Subject: Twin Cities Gateway FY15 Budget Attached, for review, is the proposed FY15 Budget for Twin Cities Gateway—the regional convention&visitors' bureau. The budget was approved by the Board of Directors on Tuesday, September 16, 2014. . The proposed FY15 organizational budget will be effective from January l, 2015—December 31, 2015. 2014 was an exceptional year for the entire metro area tourism industry, including TCG, which exceeded its 20131eve1 monthly throughout 2014. FI'15 Budget Highlights: • The TCG Board continues to budget somewhat conservatively and maintains a healthy fund reserve for a strong fiscal policy. Unsure of the lodging tax receipts for 2015,the Board has slightly reduced its projected lodging tax receipts from the 2014 projection. • 2014 was an exceptional year for the entire metro area tourism industry,including TCG,which have exceeded 20131evels • For 2014,with co-op partnerships,value-added, and negotiated media buys,TCG invested approximately$1.2 mil�ion in marketing and promotion of the regional area in 2014. • For 2015,the marketing, promotional,and fund reserve elements represent 82%of the overall budget,with 189�of the overall budget consisting of administrative costs and overhead Anoka/Blaine/Coon Rapids/Fridley/Hain Lake/Lino Lakes/Mounds View/New Brighton/Shoreview 20 �'�rr�en� � TWIN CITIES GATEWAY � �� '� � � � �� s. � 4 .�fi,R�`q,p�l'hY'� ��.^". k . 2015 Pro osed Bud et -� $ ��.: P 9 a�� op e y oar o ire ors :��a�. �:�� September 16, 2014 ' ` : ��. , � �� , ,.�' " 2011 2012 2013 2014 2014 � �� y��m `Y� .:�R �f ��h�� Actuai Actual Actual Budget Projected FUND RESERVE AT BEGINNING OF YEAR $ 255,461 $ � 359,301 $ 389,692 $ 421,885 $ 421,885 ��-�� '�'� `� �� REVENUES AND OTHER SOURCES �'�'' � `�` °- x : Lodging Taxes ' � � �� q ,� a� � � � �r` ��,�� . $ 673,559 $ 719,716 $ 780,759 $ 775,000 $ 850,000 t ."��'� Grants � - 9,000 4,000 8,000 8,000 `�'"�-��,'�� Investment income 202 108 104 250 250 ``",z.��..�"�- - Other - - 850 - - �,�ti`ti� .;�� '�x� , 673,769 728,824 785,713 783,250 858,250 OPERATING EXPENDITURES `x��`�� . ��%.',n ; �� "`, �J anagement contract 86,346 96,288 100,000 106,750 106,750 - uther administrative costs 15,221 23,134 16,408 25,000 25,000 �'` �°� ` Blaine (Fiscal Agent) 6,513 7,500 12,000 15,000 15,000 '� ."�� " :, Organizational insurance - 1,128 1,206 2,000 2,000 $;".;°Y�� - Organizational memberships 1,465 3,340 1,257 3,500 3,500 ��°`��'' �'" �> Other Contractual • - - _ _ _ ��' ;�:, �,��. .�� MARKETING EXPENDITURES �r�� x�r�� ryW: Website enhancemenUSocial media 18,537 19,594 37,440 45,000 45,000 `�� Destination Marketing 194,851 222,264 308,533 250,000 325,000 �:?: ` Promotions/collateral materials 27,673 23,775 12,372 25,000 25,000 � '`�'�'y Public/media relations 1,105 - - 6,000 6,000 ��`��: �� ,� � .�� New Venue/Public Facilities promotion 19,947 13,725 4,735 - - ��.1,= .' Member City Grants 38,379 75,000 74,997 75,000 75,000 ,� "�� Meeting & conference marketing & promotio 48,743 76,789 64,047 60,000 60,000 ' Sports Marketing 70,000 76,996 78,525 95,000 95,000 'a � Regional Grant program 41,141 58,900 42,000 75,000 35,000 `. � ` ' 569,921 698,433 753,520 783,250 818,250 Revenue over(under) Expenditures 103,840 30,391 32,193 - 40,000 ` FUND RESERVE 359,301 389,692 421,885 421,885 461,885 ,��,�.: t q PLANI�TING COMMISSION MEETING CITY OF FRIDLEY August 20,2014 CALL TO ORDER: Chairperson Kondrick called the Planning Commission meeting to order at 7:15 p.m. ROLL CALL: MEMBERS PRESENT: David Kondrick Brad Sielaff Dean Saba Courtney Elford MEMBERS ABSENT: Leroy Oquist Tim Solberg Todd Olin OTHERS PRESENT: Julie Jones, Planning Manager Kay Qualley,Environmental Planner APPROVE PLANI�TING COMMISSION MEETING MINUTES: June 18,2014 MOTION by Commissioner Saba to approve the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. Consideration of EQE Recommendations to review and make recommendations for a Resolution for Green Step Cities. Kay Qualley,Environmental Planner, stated the Environmental Quality and Energy Commission (EQE) is a standing commission for the City of Fridley. It has has five active members, one from each ward. The chair is Todd Olin and vice-chair, Courtney Elford, represent the EQE on the Planning Commission. The Green Step program is a voluntary challenge assistance and recognition program to help cities achieve sustainability and energy goals. It is sort of an organization to bring cities together with the goal of reducing and sheparding resources through the use of practical and innovative best management practices. It is a free program, a continuous program, and it helps you stack up what you are doing as a city against other cities of similaz size or in your area. Ms. Qualley stated it is an interesting program,because it is a combination of public and private 22 � Planning Commission Meeting August 20, 2014 Page 2 partners. The Minnesota Pollution Control Agency is one of the partners, but the League of Minnesota Cities strongly supports it and also conducts classes and seminars that help to educate the ciTy staff and interested commissioners and councilmembers who choose to attend these educational presentations. The Minnesota Department of Comrnerce is another active partner. Ms. Qualley stated there are more than 70 Green Step cities throughout greater Minnesota. Many of these cities, including Coon Rapids, are present in the Twin Cities and aze of similar size to Fridley. � Ms. Qualley stated the program was established in June 2010. Best Management Practices are clustered in several azeas. It is important for the Commission to know that this is a self-paced program. No one is hurrying Fridley to da anything, and it is guided by many of the things the City is already doing, including the 2030 Comprehensive Plan. Ms. Qualley stated the five areas Best Management Practices are contained within aze: (1) Transportation and Streets; (2) Economic and Community Development; (3) Energy, Building and Lighting (such as street lighting);(4) Land Use; and (5)Environmental Management. Within environmental management many of the areas that the EQEC investigates in order to try and create and shepardize the City's resources include things like air pollution and air particulate matter, storm water management and energy. Ms. Qualley stated the City has already taken several of the steps that are encouraged for Green Step cities. Even if the resalution were not passed, the City has already completed steps, like passing an Active Transportation Plan, making waste improvements in storm water management and recycling, and creating a TOD zoning district. Ms. Qualley stated that the City wants to achieve the goals in the 2030 Comprehensive Plan because soon we aze going to be in the next phase of comprehensive planning with the Met Council.. Ms. Qualley stated the City's SHIP grants and Active Transportation Plan have been touching on many of these areas as well. If the City participates, instead of reinventing the wheel in some areas the City wants to pursue, it can cross-reference what other cities are doing and maybe dovetail and fine tune instead of reinventing something. And it creates relationships, too. When you sit down at the League of Minnesota Cities with somebody who is wrestling over some of the same concerns that have been brought to the staff by the City's commissions and Council, they do foster that kind of cooperation together. It can also help staff prioritize improvements for budgets,too. Ms. Qualley stated the last advantage is to poise the City for possible status as a Resilient City. Being a Resilient CiTy means taking sustainability to the ne� level and possibly working with the University of Minnesota in an application to become a Resilient City much like North St. Paul was two years ago and work on many different areas with specialists from the University of Minnesota grad programs. One of the steps to really be considered for that program is to become a Green Step city as well. 23 • Planning Commissian Meeting August 20, 2014 Page 3 Chairperson Kondrick stated he can see how this is going to be a benefit to the City in many, many different ways. Commissioner Saba asked Ms. Qualley if they have any standard metrics they are using to compare Fridley to other cities, other programs within itself, and continuous improvement? Ms. Qu�lley replied, there is a spreadsheet that, once you are a member, you get access to, where you can see what the different cities have achieved in their goals or in their measurements for different things in terms of something like efficient city fleets or innovative storm water management. You gain access to comparative data if you become a member. None of the categories of these 29 Green Step practices are forced down your throat. However, with a specific metric, the idea is to take yow baseline measurements, and then make improvements based on those. But then how do you determine that benchmark if that is one of Commissioner's Saba questions, it can be by comparison with cities of similar size which have gone through some of these exercises. Chairperson Kondrick asked, so there is much to be gained by talking to Fridley's sister cities and see what they have gone through? Ms. Qualley replied, exactly. Recycling tonnage, maybe reducing solid waste and trying to figure out how many tons of gazbage is being generated by our City compared to another city can help us decide whether some of our programs we h�ve constructed are being successful. Commissioner Sielaff asked whether there was any interaction between cities like a committee or something like that who discusses what is being done in the city and working together to attain some sort of goals? Ms. Qualley replied, the program is not constructed necessarily for a group goal type of situation; but each year the League of Minnesota Cities hosts a group of seminars that are interactive with the participant cities. For instance, January 14 last year there was one on efficiency on the streets, complete streets, and outdoor lighting. A specialist came in on LED lighting to talk about the conversion and where the paybacks would be, and the cities could weigh in on where they were at or if they had done some test roadway examples and which were the most successful. Therefore, instead of having to go through the expense and wondering when the payback was going to be, industry experts along with cities who have tried things were present and so that type of interaction as opposed to maybe a gathering for a group goal is probably more likely. Commissioner Sielaff asked whether it is the League of Minnesota Cities who is kind of promoting this and encowaging the cities to do this? Ms. Qualley replied they definitely are because they are an active host of the seminars. However, the Pollution Control Agency is driving some of the metrics and suggesting the best management practices for cities to try and make sure they are not using more resources than they 24 . • Planning Commission Meeting August 20, 2014 Page 4 possibly have to. There is a combination of organizations involved like the League of Minnesota Cities, the Department of Commerce, the Pollution Control Agency, and the Center for Clean Energy. These groups have produced a nice synergy, and the product is good, but it is not onerous, and it is not necessary that we meet a certain level of best management practices in any particular year. T'here aze steps to move up the ladder if we choose to move more quickly. We can go at our own pace. Chairperson Kondrick asked what is the City's B3 Benchmarking Database? Ms. Qualley replied that she is not familiar with that and would need to get up to speed on it to report on in the future. The B3 Database is basically what she referred to earlier where all the cities track their information when they are reporting on a best management practice they have achieved. The City has access to that database when it becomes a Crreen Step city, so it is not available to read and peruse in the meantime. Chairperson Kondrick stated the first step this evening is to go along with this concept to realize there is a need for this to happen, and they should be awaze of what is going on in our community in terms of conservation. Then how do they go from step one ta step two? Ms. Qualley stated the Environmental Quality and Energy Commission would be the most actively involved. Based on measurements or assessments of the 2030 Comprehensive Plan, the Active Transportation Plan, and other projects the City is completing, we would pick from and select things that the City gets credit for,then you can obtain step two status. Chairperson Kondrick stated the EQEC is going to be kind of the measuring device, and they report to the Planning Commission or the Council? Ms. Qualley replied, they would report through this Commission. Chairperson Kondrick stated through them and then to the City Council. Julie Jones, Planning Manager, stated the reason why this resolution is before the Commission tonight is because she believes from the Charter and the City Code anything that the Environmental Commission brings forwazd is to come to the Planning Commission before it goes onto the City Council. And there is good reason in a project like this procedure exists; because it could impact future planning. Commissioner Elford stated she just encourages passage of this because to her, coming from a background with a double Master's Degree in environmental studies, someone who has been in the field and working in corporate sustainability for five years, policies in the environment aze going to get a lot stricter, and this is going to help put Fridley on the route where it is already. For her it should be preriy straightforward. To be sustainable is common sense. That is just her generation and her mindset. Commissioner Sielaff asked as to what they are voting on, becoming a Green Step City, which 25 • Planning Commission Meeting August 20,2014 Page 5 is allowing them to access the database? He is not sure what specifically best management practices they are talking about or are they still being developed and eventually they would be looking at those? We have 28 Best Management Practices right now? Ms. Qualley stated and she is sure as Commissioner Sielaff is surmising they will be developed along the way. They can pick and choose from that just like a menu. Tonight it would be ideal to move the accompanying draft resolution to Council if the Commission approves of the concept of pursuing Green Step City, step one status. Motion by Commissioner Saba approving the consideration of EQE recommendations to review and make recommendations for a Green Step Cities resolution. Seconded by Commissioner Elford. UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Receive the Minutes of the June 2,2014,Parks & Recreation Commission Meeting. MOTION by Commissioner Sielaff to receiye the minutes. Seconded by Commissioner Saba. UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 3. Recei�e the Minutes of the June S, 2014, Housing & Redevelopment Authority Commission Meeting. MOTION by Commissioner Sielaff to receive the minutes. Seconded by Commissioner Elford. UPON A VOICE VOTE ALL VOTING AYE, CHAIRP'ERSON KONDRICK DECLARED THE MOTION CARRIED UNAlvIMOUSLY. OTHER BUSINESS: 4. Update on the TOD Grant Master Plan Project. Ms. Jones stated Mr. Hickok has asked her to give them the full report staff did at the open house a few weeks ago. They did have some public meetings back on July 24. This is a project they have been working on all yeaz. In the City's TOD area they are encouraging mixed-use development. The City has actually created a TOD zoning district, and this master plan is looking at part of that district and creating a master plan for it. In those azeas they also look at creating amenities not only that will support the Northstar Train Station but the other transit opportunities like the bus transit the City has in that area, creating convenient access to that transit to allow less parking and have more people walking and biking, and making it safe for everyone. Also they would like to create a unique sense of identity. Those are some of the things they are looking at in this master plan project around the Northstar station. The real 26 • Planning Commission Meeting August 20, 2014 Page 6 purpose of creating a TOD master plan comes from the fact that the City has this ability to create a special transit tax increment financing district in this area. Ms. Jones stated as new development occurs, tax increment can be used for transit enhancements in this district. The City wants this plan in place so that the City Council and the HRA have guidance as to how to use TIF money when it becomes available. Part of that plan is to create a cohesive network of trails and multi-modal access to transit. Right now everybody can get there by car but it is not so easy to get there by bus and walking because they have this train station that got plopped into a fully-developed area without the planning happening over the years to make those multi-modal connections to it. Staff is also hoping that the master plan will serve as a guide to developers, showing what the City' has preliminarily approved for a site. Ms. Jones stated the City created a TOD overlay zoning district, wluch is basically Main Street on over to the river, south of the train station over to the freeway. There are a lot of things that have happened that are being taken into account on this plan. One of them is the HRA identifying a redevelopment interest in a multi-family housing area south of Stevenson Elementary School some yeazs ago. The HRA ended up buying a property that became offered to them for sale in that azea, and they did a market study of the area to look at what could be developed there. A mazket study revealed it was going to require millions of dollars more in subsidy than they were prepared to spend, but they obtained insight into what could be marketable in the area. Ms. Jones stated the City completed its 2030 Comprehensive Plan in 2009. There are many things in that Plan which involved the TOD area. There was much attention given to Islands of Peace Park and wanting to create more visible access to that park. The big thing that came out of the Comprehensive Plan was a need for a 57th Avenue connection over to East River Road. � Ms. Jones stated the City received special legislation in 2008 to create a Transit TIF district and in 2009, the Northstar commuter rail station opened. Then, the City created its TOD overlay zoning district in 2011. Ms. Jones stated a big piece of what is being incorporated here is the East River Road Corridor Study, which was completed a couple of years ago. A lot of neighborhood discussions and meetings took place during that project to look at how East River Road could be improved. The main plea the City heard was please keep East River Road more like a parkway. There was a plan made to put in planted medians in the middle of the roadway, to put in lighting in the area, and create a five-foot sidewalk on one side and an eight-foot trail on the other side of the roadway, creating alternative transportarion connections. Ms. Jones stated that creating a parkway connection into Islands of Peace Pazk on Island Park Drive and making it a full intersection out of that neighborhood along the river there rather than Charles Street became part of the plan. Interestingly the engineer who is working on this project now thinks differently about that, so that is currently being debated. Ms. Jones stated there were a couple of market studies done related to the train station. One of 27 ' Planning Commission Meeting August 20, 2014 Page 7 them was through a HUD grant which gave them some insight into the fact that there really is very little market support for commercial areas around the commuter rail station. The reality is that even though you have commuter rail traffic going at rush hour, in order to sustain a business, there needs to be traffic other times of the day to support that business. Ms. Qualley was very instrumental in getting an Active Transportation Plan passed last year, which they are using as guidance for trail and sidewalk connections. Ms. Jones stated they found out at the beginning of the project that the City could not use the Livable Communities grant money to do anything related to park planning. Luck had it that Anoka County (who manages Islands of Peace Park - the land is owned by the City but it has a joint powers agreement with the County to run the park and maintain it) was updating their master plan for Riverfront Regional Pazk which includes Islands of Peace Park. They aze putting a master plan together because they wanted to do some improvements to both Riverfront Pazk and Islands of Peace down the road. It was kind of good timing that they got together, hired a consultant, and came up with a plan. A key piece they found in the neighborhood meetings was that neighborhood to the north of Stevenson Elementary does not have good access to that park and would like it. Ms. Jones stated as far as zoning it really is already a mixed use area. They are nat looking at really changing uses at all as it is already is mixed use. She showed the key map that was approved in the Active Transportation Plan that kind of shows the different routes of focus for improvement. One of them is the Safe Routes to Schools which will fund a new trail section along East River Road. Also the City received Transit for Livable Communities money for on- street bike lanes and new sidewalk along Main Street. Finally, the City has received Transit Enhancement grant funds to build a pedestrian bridge over the freeway at Main Street to create safe access over the freeway and continue the Main Street bike trail concept all the way to the south border of the City to the bridge that goes over the rail switching yard, Ms. Jones stated that the existing sites in the project azea west of East River Road contain 604 multi-family housing units. There are seven industrial businesses and two commercial businesses, Home Depot and Goodwill. From the calculations staff got from those business, there aze 821 jobs in the TOD area. It is an ideal place to for recreation with the amenities of the parks and River in the area. The housing opportunities and jobs in the area make it a great area where you can live, work, and recreate all in the same place. The City just has to figure out how to make it better. Of course there is the train station, too,which is an amenity. Ms. Jones explained,the debate occurring with the County about stop light spacing and access connections between the park and future multi-family housing along East River Road. Ms. Jones stated that one of the key factors being studied is the potential 57th Avenue connection. Meetings with Burlington Northern Railroad have revealed a 32 foot height clearance requirement for new bridges, which makes it impossible to meet ADA slope requirements within the space available for the bridge connection. 28 • Planning Commission Meeting August 20, 2014 Page 8 Ms. Jones stated some money from this project was spent having an engineer look at the bridge design feasibility, Also, they spent time looking at whether they could tunnel underneath the railroad tracks in that azea. The difficulty they have known all along is that the Metropolitan Council's high pressure sanitary sewer line goes through this area and there is not enaugh distance between where that is buried and the bottom of the railroad tracks to meet the height needed for truck traffic. Also, Burlington Northern is planning on spending millions of dollars in improvements in this area, so they will not allow the City to put any support pillars for the bridge in their rail right-of-way, which means it would then have to become a suspension bridge, which doubles the price of the bridge. Ms. Jones stated some people asked what if they just put in a pedestrian/bike access, but people were saying you really need to make it accessible for cars,too,to make it really usable. Staff has the consultant looking into the feasibility of at least creating a bike/ped access. Ms. Jones stated staff has also met with Metro Transit because, as everyone knows, the park and ride sites are not being used to the capacity they were designed for. Metro Transit staff indicated that they realize now that they do not need the number of pazking stalls they planned in Fridley. They are agreeable to developing some of that land into some other use and are agreeable to decking some of that pazking if the City wanted to do more intense development there. Therefore, the City is looking at that on the west side of the tracks which is owned by Metro Transit and also the east station site,which is owned by the HR.A and leased to Metro Transit. Ms. Jones stated staff has met with Kapstone Container and Tristar Installation staff, two industries along the rail line. Both industries would like to expand but have no room to. The City is keeping them in the plan thinking industry is going to stay along the rail line. , Ms. Jones stated staff has met with the School District folks a couple of times, looking at what their needs are. They really would like to have a secondary access at Stevenson for safety reasons and for better bus tr�c circulation. That is why they supported a secondary road going south of the school,to give them another access point. ' Ms. Jones stated staff has met with the County Highway Department and they will have another meeting with them now that staff has gotten some more traffic study information. Ms. Jones stated as far as the land use concepts, they are really not talking about changing much. They are looking at one area that could maybe be a live/work building with a parking deck at the West Train Station. Ms. Jones stated they are proposing more looped trails through the park area along the river and connecting that to the MRT Trail and the concept of having sidewalk and trail in the area close to the park and connecting that along East River Road. Ms. Jones stated staff is analyzing the impacts of proposed new housing units on traffic. On the east side of the train station site they were looking at 100-160 new housing units or a 60,000- 80,000 square foot industrial building. As far as the site right in front of the Goodwill store they 29 ° Planning Commission Meeting August 20, 2014 Page 9 see potential for maybe a small fast food restaurant or small retail shop in that corner. They are still planning for a new parkway concept even if the 57th Avenue bridge does not happen,having a nice parkway view into the new expanded park and having a pazk pavilion building in your line of sight from East River Road. Ms. Jones stated as far as new housing in the area west of East River Road, they are seeing a potential for at least another 130 housing units there. Chairperson Kondrick stated the main problem is getting in and out of there. Ms. Jones stated that is why the traffic is being closely studied. The intersection to the freeway entrance has been rated at a Level D, but we have to be careful they do not develop too much that it makes it worse. The City's traffic engineer who just looked at the traffic analysis again stated it is only mostly at the afternoon peak rush hour, a very limited time, where those poor ratings are happening. It is not like an all-day problem. However, a big of piece of this, too, is the timing of the lights. The City has had some discussions with the County and with MnDOT (because some of those lights are also controlled by them and they are not working together to have them timed right), and they have said it is a fairly easy fix. Chairperson Kondrick asked about the property east of East River Road and south of the box company, if it turns out to be industrial or retail,how are those cars going to get in and out? Ms. Jones stated it is proposed to be a mix. They had to do a traffic study for their master plan, and it was concluded they were going to need another turn lane. The City's engineer looked at it, too, and agreed they will need two left-hand turn lanes coming out of that site. Ms. Jones stated they have to wrap up the project by the end of the yeaz. They are tentatively planning the next round of public meetings on November 5. The City Council and HRA will probably have some work sessions to take a look at this again. Staff also has materials posted on the City website. Commissioner Sielaff asked whether they will incorporate any changes at the upcoming public meetings? Ms. Jones replied the idea is that the next public meeting will be the presentation of the draft final master plan. She explained that the draft plan would them come back to the Planning Commission before they take it to City Council. ADJOURN: MOTION by Commissioner Saba, seconded by Commissioner Sielaff,to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:10 P.M. 30 ' Planning Commission Meeting August 20, 2014 Page 10 Respectfully submitted by, t �-�� m- Denise M. Johnson Recording Secretary 31 � AGENDA ITEM � `'�°f COUNCIL MEETING OF OCTOBER 13`, 2014 Fridley CLAIMS - CLAIMS 165509 - 165767 32 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND XEAR PAGE 1 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22{2014 TO 1Oj10/2014_________________________`BANK_CODE__-_________00-_ ------------------------------------------------------------------------- CHECK CHECK ^ CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------- __ACCOUNT__#_________+TRN_AATE___________________DESCRIPTION --____-___-_____INVOICE __________PO_#-____PER/YEAR__________TRN_AMOUNT 09J25/2014 165509 ANOKA COUNTY TREASURER 1048 987.50 101-0333-415.43-32 09/24/2014 OCTOBER BROADBAND B140918K 09/2014 400.00 270-0771-455.43-32 09/24/2014 OCTOBER BROADBAND B140918K 09/2014 400.00 101-0550-425.43-32 09j24j2014 OCTOBER BROADBANA B140918K 09J2014 150.00 101-0770-455.43-32 09/24/2014 OCTOBER BROADBAND B140918K 09/2014 37.50 09/25/2014 16551� AMAZON.COM 1134 598.96 409-0000-415.42-21 09/OS/2014 MONITORS,PRINTER 604578781024667 09/2014 386.45 101-0333-415.42-21 09J05/2014 ADAPTOR,RACK,MICROSFT SHP 604578781024667 09/2014 212.51 09/25/2014 165511 ASPEN MILLS INC 1161 1,488.60 240-0000-425.42-17 09JOSj2014 TZD JACKET-WILLIAMS 154414 09j2014 90.00 101-0441-425.42-17 09/24/2014 BRKAWAY TRAFFIC VESTS 154821 09/2014 1,398.60 �9/25/2014 165512 ANOKA COUNTY LICENSE CENTER 1214 12 .OU 101-0440-425.42-21 09/23/2014 LICENSE TAB RENEWAL 09/2014 12 .00 09/25/2014 165513 BOB'S PRODUCE RANCH 2O31 474 .09 101-0440-425.43-37 09/OS/2014 TRAINING LUNCHES 09/2014 474.09 �9/25/2014 165514 CUB FOODS INC 31z7 21' 9� 270-0771-455.42-21 09/18/2014 SUET 09/2014 21.97 (`j�j /25/2014 165515 COMCAST CABLE 3157 221.56 � 609-9200-415.43-32 09f13/2014 INTERNET,PHONE 772106210350223 09{2014 221.56 09/25/2014 165516 COMCAST CABLE 3157 230.55 101-0333-415.43-32 09/13/2014 AIGH SPEED INTERNET 772106210272773 09/2014 230.55 09/25/2014 165517 C.D.W. GOVERNMENT, INC 3163 247.17 409-0000-415.42-21 09/02/2014 SEAGATE ST330657SS PD27829 a9/2014 247.17 09/25j2014 165518 COMMUNITY HEALTH CHARITIE5 3227 9'62 101-0000-219.08-00 09/26/2014 PAYROLL SUMMARY 20140926 09/2014 9-62 09/25/2014 165519 CENTERPOINT ENERGY-MINNEGASCO 3252 692 '�7 101-0660-415.43-38 09/15/2014 UTILITIES 80000141491 09/2014 271.43 101-0666-435.43-38 09/15/2014 UTILITIES 80000141582 09/2014 94 .11 101-0550-425.43-38 09/15/2014 UTILITIES BU�U�141459 �9/2014 44 .81 601-7000-415.43-38 09/15/2014 UTILITIES 80000141624 09/2014 248. 96 101-0669-435.43-38 09j15j2014 UTILITIES 80000141533 09/2014 12 .59 609-9200-415.43-38 09/15/2014 UTILITIES 80000141533 09/2014 20. 87 09f25/2014 165520 CENTRAL ROOFING COMPANY 3292 680 .00 601-7000-415.43-40 09/15/2014 INSTALL DOWNSPOUT,HANGAR 4655 09/2014 680 . 00 09/25/2014 165521 CENTURY LINK 3295 37.25 270-0771-455.43-32 09/10/2014 PHONE SERVICE 7848676 09/2014 37.25 09/25/2014 165522 CHARLESTON COUNTY FAMILY COURT 3316 451.50 101-0000-219.19-00 09/26/2014 PAYROLL SUMMARY 20140926 09/2014 451.50 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 2 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 1Of10j2014 BANK CODE 00 ---------------------------------------------------------------------------------------------------------------- - CHECK CHECK CHECK DATE NUMSER VENDOR NAME VENDOR # AMOUNT ----------------------------------------------------------------------------------------------------------^------- - - ACCOUNT � TRN DATE DESCRIPTION_________________INVOICE___________PO_#_____PER/YEAR -________TRN_AMOUNT ------------------------------------------------------- ----- 09/25j2014 165523 DELL MARKETING LP 4103 377 .98 409-0000-415.45-60 OS/25/2014 MONITORS XJDXD83W8 09/2014 377.98 09/25/2014 165524 DEFORGES PLUMBING,INC 4147 2,000.00 101-0880-465.43-40 09/25/2014 INSPECTIONS 9/17-23 09/2014 2,000.00 09/25/2014 165525 ESCH CONSTRUCTIONS SUPPLY, INC 5024 637.89 101-0668-435.42-22 09/19/2014 DIAMOND SAW BLADES 522881 09/2014 637.89 09/25/2014 165526 CITY OF FRIDLEY 6023 85.29 101-0332-415.43-33 09/22/2014 PARKING FEE PETTY CASH 09/2014 10.00 101-0440-425.42-21 09J22/2014 BCKGRD INVESTIGATION MEAL PETTY CASH 04/2014 9.65 101-0550-425.42-21 09/22/2014 BOAT PROP CONTAINER PETTY CASH 09/2014 3.99 101-0550-425.42-21 09/22/2014 TITLE TRANSFER FEE PETTY CASH 09J2014 20.75 101-0661-435.42-20 09/22/2014 COMPUTER MOUSE PETTY CASH 09/2014 14.95 101-0881-465.43-31 09/22/2014 NOTARY RENEWAL FEE PETTY CASH 09/2014 20. 00 101-0881-465.43-32 09/22f2014 POSTAGE PETTY CASH 09/2014 5.95 09/25/2014 165527 KAREN FISCHER 6078 20. 00 101-0440-425.43-31 09/17/2014 REIMB NOTARY RENEWAL FEE 09/2014 20 .00 09J25/2014 165528 FRIDLEY POLICE ASSOCIATION 6117 80.00 W 101-0000-219.22-00 09/26/2014 PAYROLL SUMMARY 20140926 09/2014 80. 00 09f25/2414 165529 FRA-DOR BLACK DIRT & RECYCLE 6118 75.00 101-0666-435.42-22 OS/31/2014 BLACK DIRT 1408367 09/2014 75.00 09/25/2014 165530 GREAT AMERICAN INSURANCE COMPA 7122 64.00 704-0000-415.43-36 09/18/2014 LIQ STR ENDORSEMENT 129008658 09/2014 64.00 09/25/2014 165531 HOFFMAN BROS. SOD, INC 8028 852.00 101-0666-435.42-22 09/11/2014 MULCH FOR NATURE CENTER 3247,3234 09/2014 852 . 00 09/25/2014 165532 HIRSHFIELD'S PAINT MFG 8090 395.50 101-0666-435.42-22 09/04/2014 ATHLETIC PAINT 103510 09/2014 395.50 09/25/2014 165533 HART'S AUTO SUPPLY 8105 1,668.93 101-0000-144.00-00 09/O5j2014 ROTOR,BRAKE PADS 34853 09j2014 1,668. 93 09/25/2014 165534 HEIGHTS BAKERY 8170 28'S0 101-0770-455.42-21 09/17f2014 ROLLS FOR CASINO TREATS 135 09/2014 28.50 09/25/2014 165535 KATH FUEL OIL SERVICE 11014 726 . 00 101-0000-144.00-00 09/03/2014 DIESEL EX FLUID 476772 09/2014 126.00 101-0669-435.42-22 09/03/2014 WASHER FLUID 476771 09/2014 . 600.00 09/25/2014 165536 TYCEL KELLY 11111 20.54 101-0770-455.42-21 09/23/2014 REIMB POP FOR ZONE PRTY 09/2014 20.54 09/25/2014 165537 LANO EQUIPMENT INC 12064 151.15 101-0000-144.00-00 09/OS/2014 COUPLER KTS 02176612 09/2014 151.15 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD. AND YEAR PAGE 3 PROGRAM: GM350L CZTY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 ----------------------------------------------------------------------------------------------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 09/25/2014 165538 LOFFLER COMPANIES, INC 12143 682.56 101-0333-415.43-40 09/08/2014 PRINTER/COPIER MAINT 1820285 09/2014 682.56 09/25/2014 165539 MINNESOTA SAFETY COUNCIL INC 13041 595.00 101-0770-455.42-21 09/22/2014 DRIVING CLASS MATERIALS 31389 09/2014 595.00 09/25/2014 165540 MINNESOTA BENEFIT ASSOC - M.B. 13220 73.68 101-0000-219.09-00 09/26/2014 PAYROLL SUMMARY 20140926 09/2014 73.68 ' 09/25/2014 165541 MENARDS - FRIDLEY 13256 26 gg 101-0666-435.42-22 09/22/2014 BOARDWALK LUMBER 76524 09/2014 �6.98 09/25/2014 165542 MINNEAPOLIS SAW INC 13290 43 .94 101-0666-435.42-22 09/18/2014 FILE GUIDE FOR SAW 41467 09/2014 43 .94 09/25/2014 165543 MINN SECRETARY OF STATE 13306 360.00 101-0220-415.43-31 09/22/2014 NOTARY RENEWAL-COLLINS 6077804 09/2014 120. 00 101-0221-415.43-31 09/22/2014 NOTARY RENEWAL-NUNEMAKER 20036239 09/2014 120.00 101-0224-415.43-31 09/22/2014 NOTARY RENEWAL-SKOGEN• 6180862 09/2014 120.00 09/25/2014 165544 MINN CHILD SUPPORT PAYMENT CEN 13307 304.11 101-0000-219.19-00 09/26/2014 PAYROLL SUMMARY 20140926 04/2014 304 .11 W (� /25/2014 165545 MINN HWY SAFETY/RESEARCH CTR-M 13359 396.00 101-0440-425.43-37 09/17/2014 DRIVING SCHL-WILLIAMS 6294303978 09/2014 396.00 09/25/2014 165546 NORTHEAST TOWING SERVICE INC 14057 390.00 406-0006-435.43-40 09/23/2014 TOWING FOR SEAL COATING 09/2014 390.00 09/25/2014 165547 NCPERS MINNESOTA-478000 14107 736.00 101-0000-219.27-00 09/26/2014 PAYROLL SUMMARY 20140926 09/2014 736.00 09/25/2014 165548 OPEN YOUR HEART 15011 25.00 101-0000-219.08-00 09/26/2014 PAYROLL SUMMARY 20140926 09/2014 25. 00 09/25/2014 165549 PRINT CENTRAL 16067 36.25 101-0880-465.42-20 09/19/2014 NAME PLATES 106016 09/2014 36.25 09/25/2014 165550 PREMIUM WATERS, INC 16187 68.85 101-0550-425.43-40 09/18/2014 QRTLY SERVICE 6283090814 09/2014 68.85 09/25/2014 165551 PERFECT 10 CARWASH EXPRESS 16200 132 .00 101-0440-425.43-40 08/31/2014 AUG CARWASHES 09/2014 132 . 00 09/25/2014 165552 Q.P. MARKETING 17005 42 .50 101-0666-435.42-17 09/09/2014 PARKS T-SHIRTS 5547 09/2014 42.50 09/25/2014 165553 R.D.O. EQUIPMENT CO TRUST#80-5 18015 305.82 410-0668-435.45-40 09/10/2014 LABELS FOR V#779 P21892 09/2014 305.82 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 4 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 -------------------------------------------------------------------------------------------------------------------- CHECK CHECK ' CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ---------------------------------------------------------------------------------------------------------------- __ACCOUNT__#__________TRN_DATE __________________DESCRIPTION___-____--_--___-INVOICE_-_--___-__PO_#_____PER/YEAR__-____-_-TRN_AMOUNT 09/25/2014 165554 RUFFRIDGE-JOHNSON EQUIP CO INC 18020 67.02 101-0000-141.00-00 09/17/2014 NOZZLES V#730 C67426 09/2014 67.02 09/25/2014 165555 ' ROCK SOLID LANDSCAPE & IRRIGAT 18171 37.49 101-0881-465.43-40 09/19/2014 ABATEMENTS MOWING SERVICE 6859 09/2014 37.49 09/25/2014 165556 SOUTH METRO PUBLIC SAFETY TRNG 19190 425.00 101-0440-425.43-37 09/23/2014 REGISTRATION-MAGANA 53 09/2014 425.00 09/25/2014 165557 STANTEC CONSULTING SERVICE, IN 19362 1, 785.52 405-0005-415.43-30 08/28/2014 CONSULTING ADA ENTRANCE 824812 09/2014 1,785.52 09/25/2014 165559 TARGET 20004 5 �2 101-0550-425.42-21 09/10/2014 OPEN HOUSE SUPPLIES 09/2014 5.72 09/25/2014 165559 TERRY OVERACKER PLUMBING 20029 144.00 101-0880-465.43-40 09/18/2014 INSPECTIONS 40843 09/2014 72.00 101-0880-465.43-40 09/15/2014 INSPECTIONS 40842 09/2014 72.00 09/25/2014 165560 TRI-STATE BOBCAT, ZNC 20164 17.SG 101-0668-435.42-22 09/19/2014 WHITE SPRAY PAINT A08854 09/2014 17.56 ��9/25/2014 165561 UNITED WAY 21035 25.00 101-0000-219.08-00 09/26/2014 PAYROLL SUMMARY 20140926 09/2014 25.00 09/25/2014 165562 U.S. DEPARTMENT OF ED.UCATION 21066 211.90 101-0000-219.20-00 09/26/2014 PAYROLL SUMMARY 20140926 09/2014 211.90 09/25/2014 165563 VERIZON WIRELESS 22050 26 . 02 101-0550-425.43-32 09/18/2014 WIRELESS SERVICE 9731469714 09/2014 26 . 02 09/25/2014 165564 WONDERLIC, INC 23013 204 .00 101-0221-415.43-30 09/19/2014 WEB ADM PRE-PAY 6357361 09/2014 204 .00 09/25/2014 165565 WALTERS RECYCLING & REFUSE SER 23088 1,224 .70 101-0669-435.43-40 09/10/2014 REFUSE HAULING 873597 09/2014 510.12 270-0771-455.43-40 09/10/2014 REFUSE HAULING 873587 09/2014 114 .39 101-0666-435.43-40 09/10/2014 REFUSE HAULING 871473 09/2014 269.23 101-0666-435.43-40 09/10/2014 REFUSE HAULING 871474 09/2014 330. 96 09/25/2014 165566 XCEL ENERGY 24002 48,202.11 601-7000-415.43-38 09/12/2014 UTILITIES 427236347 09/2014 28, 081.40 603-7000-415.43-38 09/12/2014 UTILITIES 427937588 09/2014 168.54 101-0550-425.43-38 09/12/2014 UTILITIES 427931981 09/2014 238 . 99 602-7000-415.43-38 09/12/2014 , UTILITIES 427949852 09/2014 1,414 .48 101-0665-435.43-38 09/12/2014 UTILITIES 427968411 09/2014 16, 070.72 101-0669-435.43-38 09/12/2014 UTILITIES 427593613 09/2014 1,483 . 97 101-0669-435.43-38 09/12/2014 UTILITIES 427753420 09/2014 17.17 270-0771-455.43-38 09/12/2014 UTILITIES 427753789 09/2014 671. 01 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 5 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0441-425.43-38 09/12/2014 UTILITIES 427766007 09/2014 55.83 09/25/2014 165567 ZEE MEDICAL SERVICE CO 26014 66.45 101-0669-435.42-21 09/19/2014 FIRST AID SUPPLIES 54097165 09/2014 68.45 09/25/2014 165568 MARY & JONATHAN BREYER 2014149 1,266.67 227-0000-415.43-40 09/22/2014 MET COUNCIL I&I GRANT 09/2014 1,266.67 09/25/2014 165569 CESAR CASTILLEJOS 2014172 lgg.�2 601-7500-415.42-22 09/22/2014 TREE REPLACEMNT REIMB 09/2014 188.72 09/25/2014 165570 PENNY MC FADDEN 2014426 733.33 227-0000-415.43-40 09/22/2014 MET COUNCIL I&I GRANT 09/2014 733.33 09/25/2014 165571 RACHEL PIERCE 2014536 25.00 101-0000-347.80-51 09/18/2014 REC REFUND 09/2014 25.00 09/25/2014 165572 ROGER ROELOFS 2014581 666.67 227-0000-415.43-40 09/22/2014 MET COUNCIL I&I GRANT 09/2014 666.67 10/02/2014 165573 ANOKA COUNTY CENTRAL COMMUNICA 1005 531.29 101-0440-425.43-32 09/30/2014 WIRELESS ACCESS 2014340 10/2014 531.29 W�/02/2014 165574 ANOKA COUNTY TREASURER 1048 347.98 J 101-0440-425.42-12 09/30/2014 FUEL FOR DTF-CRESTIK H140925A 10/2014 347. 98 10/02/2014 165575 ADVANCE COMPANIES INC 1061 70. 00 101-0881-465.43-40 09/25/2014 YARD ABATEMENT 8717 10/2014 70. 00 10/02/2014 165576 AMERICAN PLANNING ASSOC 1102 575.00 101-0881-465.43-31 09/25/2014 MEMBERSHIP-HICKOK 0734901454 10/2014 575.00 10/02/2014 165577 AT & T MOBILITY 1116 3, 875.91 101-0333-415.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 108.70 101-0220-415.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 48.83 225-0000-415.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 48.83 101-0440-425.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 1,349.38 101-0441-425.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 153.90 101-0550-425.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 287.40 101-0661-435.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 335. 07 101-0669-435.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 100. 93 101-0880-465.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 99.74 101-0881-465.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 34 .99 101-0882-465.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 98.70 101-0770-455.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 68.61 601-7000-415.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 241.96 602-7000-415.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 215.94 101-0668-435.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 375.21 101-0666-435.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 272.73 101-0661-435.43-32 09/17/2014 CELL PHONE SERVICE 541144X09252014 10/2014 34 .99 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 6 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO IO/10/2014 BANK CODE 00 --------------------------------------------------------------------------------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ----------------------------------------------------------------------------------------------------------------- 10/02/2014 165578 APACHE PRINT INC 1147 1,444.88 270-0771-455.43-35 09/04/2014 FLYERS/POSTER PUMKIN NGHT 45944,45955,71 10/2014 1,444.88 10/02/2014 165579 ASTLEFORD INTERNATIONAL TRUCKS 1246 44.22 101-0000-144.00-00 09/23/2014 LOGO LABEL V#777 T314223 10/2014 44.22 10/02/2014 165580 ADAM'S PEST CONTROL, INC 1301 47.00 101-0660-415.43-40 09/26/2014 SEPT PEST MANAGEMENT 919657 10/2014 47.00 10/02/2014 165561 ALL TIGHT PLUMBING 1318 550.00 101-0660-415.43-40 09/23/2014 IRRIGATION LINE,VAC BRKER 37 10/2014 550.00 10/02/2014 165582 BATTERIES PLUS 2004 92 �� 601-7000-415.42-22 09/24/2014 BATTERIES-EMERGENCY LGHT 028422557 10/2014 92.70 10/02/2014 165583 BARTON SAND & GRAVEL CO 2005 125.00 101-0668-435.43-40 09/15/2014 DISPOSAL FEES 140915 10/2014 125.00 10/02/2014 165584 BEISSWENGER'S HARDWARE 2019 45.34 101-0668-435.42-22 10/O1/2014 BLADE,SCRAPER,HAMMER 10/2014 37.36 101-0669-435.42-22 10/O1/2014 MOUSE TRAPS 10/2014 7.98 W^/02/2014 165585 RON BLOCH 2152 62 .00 pp 101-0770-455.43-40 09/26/2014 CHORES/MORE 10/2014 62.00 10/02/2014 165586 ROGER BELISLE 2219 25.00 227-0000-415.43-40 09/25/2014 CHORES/MORE 10/2014 25.00 10/02/2014 165587 THOMAS BEERS 2233 15. 00 227-0000-415.43-40 09/25/2014 CHORES/MORE 10/2014 15.00 10/02/2014 165588 CITY OF COLUMBIA HEIGHTS 3022 7, 904 .00 101-0661-435.43-40 09/26/2014 3RD QRT GIS SERVICE 10/2014 7,904. 00 10/02/2014 165589 JEAN COYLE 3060 50.08 101-0770-455.42-21 09/25/2014 REIMB FLANNEL-SR CHEER 10/2014 50. 08 10/02/2014 165590 CITY ENGINEERS ASSOC OF MN 3110 120.00 101-0661-435.43-31 09/24/2014 MEMBERSHIPS 42079,26460 10/2014 120. 00 10/02/2014 165591 CORPORATE MARK, INC 3132 211.23 101-0550-425.42-21 09/29/2014 CHILD FIRE HATS 301418 10/2014 211.23 10/02/2014 165592 ROBERT CLAUSON 3153 2,693.60 101-0880-465.43-40 10/O1/2014 INSPECTIONS 10/2014 2, 693 .60 10/02/2014 165593 COMCAST CABLE 3157 314 .71 225-0000-415.43-40 09/18/2014 CABLE FEES 72106210044545 10/2014 314 .71 10/02/2014 165594 C.D.W. GOVERNMENT, INC 3163 800.43 409-0000-415.42-21 09/12/2014 SEAGATE 300GB PK89762 10/2014 443 .11 PREPARED 1Qf�9/2U14, 15:58:25 AfP CHECKS BY PERIOD AND YEAR PAGE 7 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 ------�----------------------------------------------------------------------------------------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 409-0000-415.42-21 09/12/2014 SEAGATE 600GB PK31755 10/2014 357.32 10/02/2014 165595 CENTURY LINK 3295 249.25 601-7000-415.43-32 09/22/2014 PHONE SERVICE 5711683 10/2014 17.41 602-7000-415.43-32 09j22j2014 PHONE SERVICE 5711683 10/2014 17.41 609-9100-415.43-32 09/22/2014 PHONE SERVICE 5710683 10/2014 214.43 1OJ02/20.14 165596 CARVELLI DRAIN SERVICE & PLUMB 3310 388.75 601-7500-415.43-40 OS/18/2014 REPAIR PIPES AMR INSTALL 1039,1053 10/2014 388.75 10/02/2014 165597 ROBERT DUPAY 4138 11.�0 227-0000-415.43-40 09/24/2014 CHORES/MORE 10/2014 11.00 10/02/2014 165598 DEFORGES PLUMBING,INC 4147 1, 750.00 101-0880-465.43-40 09/30/2014 INSPECTIONS 1453 10/2014 1, 750.00 10/02/2014 165599 D.K.N. CONSTRUCTION, LLC 4155 24, 900.00 405-0005-415.43-40 09IZ9Iz014 CONCRETE STEPS,RAMP,CURB 12333 10/2014 24, 900.00 10/02/2014 165600 E.C.M. PUBLISHERS INC 5001 342 .16 101-0331-415.43-34 09/29/2014 LEGAL NOTICE-BUDGET 144358 10/2014 170.00 406-0006-435.43-34 09/26/2014 LEGAL NOTICE-STREET PROJ 146532 10/2014 86. 08 603-7500-415.43-34 09/26/2014 LEGAL NOTICE-GLEN CREEK 146532 10/2014 86.08 � /02/2014 165601 ESCH CON$TRUCTIONS SUPPLY, INC 5024 31.00 101-0668-435.42-22 09/23J2014 SAW BLADES 523019 10/2014 31.00 10/02/2014 165602 EMERGENCY AUTOMOTIVE TECHNOLOG 5073 1, 161.80 101-0441-425.43-40 09/30/2014 CABLE & ROUTER FOR EOC AW04031412 10/2014 1,075.00 101-0440-425.42-25 09/30/2014 GPS ANTENNA AW0924146 10/2014 86.80 10/02/2014 165603 FLEXIBLE PIPE TOOL CO 6015 915.00 602-7000-415.43-40 09/25/2014 REP CLUTCH-CAMERA TRAILER 17944 10/2014 915 . 00 10/02/2014 165604 FEDEX CORP 6068 51.25 101-0440-425.43-40 09/30/2014 SHIPPING EVIDENCE ITEM 279158830 10/2014 51.25 10/02/2014 165605 FRIDLEY FIRE RELIEF ASSOC 6088 137, 001.60 101-0550-425.41-24 10/O1/2014 FIRE AID,SUPP FIRE AID 10/2014 137, 001.60 10/02/2014 165606 TERESA FARIS 6142 60.00 227-0000-415.43-40 09/26j2014 CHORES/MORE 10/2014 60. 00 10/02/2014 165607 FLEET PRIDE 6151 75.06 101-0000-144.00-OQ 09j15/2014 CLAMPS 6373516 1OJ2014 75 .06 10/02/2014 165608 GOPHER STATE ONE-CALL INC 7013 421.95 601-7000-415_43-40 Q9/30/2014 SEPT LOCATES 125029 10/2014 21� .97 602-7000-415.43-40 09/30/2014 SEPT LOCATES 125029 10/2014 210. 98 10/02/2014 165609 GRAFIK DISTINCTION, INC 7125 1,200. 00 101-0220-415.43-30 09/26/2014 NEWSLETTER DESIGN/LAYOUT 20244 10/2014 1,200. 00 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 8 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ---------------------------------------------------------------------------------------------------------------------- __ACCOUNT__#____-___--TRN_DATE-------------------DESCRIPTION_-_____--_-__----INVOICE-____--_---PO_#____-PER/YEAR--_-__--_-TRN-AMOUNT 10/02/2014 165610 HOME DEPOT/GECF 8052 195.00 101-0666-435.42-22 09/15/2014 BOARDWALK SUPPLIES 10/2014 183.00 101-0550-425.42-22 09/15/2014 PVC PIPE,COUPLING 10/2014 12.00 10/02/2014 165611 HIRSHFIELD'S PAINT MFG 8090 272.50 101-0666-435.42-22 09/16/2014 ATHLETIC FIELD PAINT 103655 10/2014 272.50 10/02/2014 165612 HAWKINS INC 8093 9, 556.48 601-7000-415.42-22 09/11/2014 WATER CHEMICALS 3644277 10/2014 3,368.22 601-7000-415.42-22 09/11/2014 WATER CHEMICALS 3647724 10/2014 6,188.26 10/02/2014 165613 HENRY'S WATERWORKS, INC 8148 3, 804 .94 601-7000-415.42-22 09/24/2014 BURY FIRE HYDRANT VALVE 17411 10/2014 3, 804 .94 10/02/2014 165614 WENDY HIATT 8164 29.84 101-0669-435.43-33 09/30/2014 REIMB MILEAGE 10/2014 29.84 10/02/2014 165615 DOROTHY HEGNA 9175 23 9� 101-0770-455.42-21 09/25/2014 TREATS FOR CASINO EVENT 10/2014 23.97 10/02/2014 165616 KILLMER ELECTRIC CO INC 11034 415.20 601-7000-415.43-40 09/24/2014 VFD COOLING FAN 78891-22309 10/2014 415.20 p /02/2014 165617 KEEPRS, INC. 11091 13,491.50 101-0440-425.42-21 09/19/2014 AMMO 249176 10/2014 13,491.50 10/02/2014 165618 MATTHEW KOHNER 11113 50.00 101-0550-425.43-32 09/30/2014 REIBM DECEMBER CELL PHONE 10/2014 50.00 10/02/2014 165619 LOFFLER COMPANIES, INC 12143 232.00 409-0000-415_42-21 09/12/2014 LICENSE ADD ON 1824883 10/2014 232.00 10/02/2014 165620 LAKESIDE PROMOTIONS,LLC 12184 2,432.00 609-9100-415.42-17 09/29/2014 STAFF UNIFORMS 2899 10/2014 2, 000.00 609-9200-415.42-17 09/29/2014 STAFF UNIFORMS 2899 10/2014 432 .00 10/02/2014 165621 MINNEAPOLIS FINANCE DEPT 13033 3,394.80 101-0440-425.43-40 09/15/2014 AUG PAWN TRANS FEES 400413005234 10/2014 3,394.80 10/02/2014 165622 MINN DEPT OF COMMERCE 13175 380.60 601-0000-245.00-00 09/28/2014 UNCLAIMED PROPERTY BUGGS 10/2014 42.56 101-0440-425.43-40 09/28/2014 UNCLAIMED PROPERTY RIVERSIDE 10/2014 168.99 601-0000-245.00-00 09/28/2014 UNCLAIMED PROPERTY ZNTEGRATE 10/2014 161.86 101-0550-425.41-04 09/28/2014 UNCLAZMED PROPERTY NELSON 10/2014 7.19 10/02/2014 165623 MOSS & BARNETT, PA 13231 1,978.50 225-0000-415.43-30 09/22/2014 LEGAL SERV-COMCAST TRANSF 612134 10/2014 1,978.50 10/02/2014 165624 MINN SECRETARY OF STATE 13306 120.00 101-0661-435.43-31 09/26/2014 NEW NOTARY APPLICATION BENSON 10/2014 120.00 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 9 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/02/2014 165625 MINNESOTA ROADWAYS, CO 13338 157.20 101-0668-435.42-22 09/25/2014 TACK OIL 71562 10/2014 157.20 10/02/2014 165626 MINNESOTA METRO NORTH TOURISM 13416 5, 819.04 806-0000-204_00-00 09/28/2014 AUG HOTEL/MOTEL TAX 10/2014 5, 819.04 10/02/2014 165627 MANSFIELD OIL COMPANY 13472 5, 818.42 101-0000-141.00-00 09/28/2014 UNLEADED FUEL 924485 10/2014 5, 818.42 10/02/2014 165628 NEWQUIST & HERRICK LAW OFFICES 14002 26,936.33 101-0222-415.43-30 09/29/2014 OCT PROS ATTY FEES 10/2014 26, 936.33 10/02/2014 165629 NORTHERN SANITARY SUPPLY INC 14089 104.29 270-0771-455.42-22 09/OS/2014 CLEANING SUPPLIES 170507 10/2014 104.29 , 10/02/2014 165630 ON SITE SANITATION 15035 405.50 101-0666-435.43-41 09/24/2014 PORTABLE RESTROOMS 10/2014 405.50 10/02/2014 165631 HUNTER HAMZLTON 16029 206.50 601-6000-415.43-40 09/25/2014 TEMP-UTILITY BILLING 102958682 10/2014 206.50 10/02/2014 165632 PEABODY ENTERPRISES, ZNC 16058 2,349.57 A 609-9100-415.45-60 09/29/2014 DEPOSIT-DISPLAY CABINETS 81939 10/2014 2,349.57 �+ 10/02/2014 165633 PRINT CENTRAL 16067 2,695.50 237-0000-415.43-35 09/25/2014 FALL DROP OFF POST CARDS 106210 10/2014 2,434 .36 101-0669-435.43-35 09/23/2014 INSPECTION FORMS 106546 10/2014 261.14 10/02/2014 165634 Q3 CONTRACTING INC 17013 100.55 603-7000-415.43-41 09/13/2014 TRAFFIC CONTROL SIGNS TMN0105924 10/2014 100.55 10/02/2014 165635 RUFFRIDGE-JOHNSON EQUIP CO INC 18020 112.50 101-0000-144.00-00 09/11/2014 THROTTLE KIT C67371 10/2014 112 .50 10/02/2014 165636 TARA ROGNESS 18042 30.94 270-0771-455.42-21 09/27/2014 REIMB HEADSETS FOR EVENTS 10/2014 30. 94 10/02/2014 165637 RUM RIVER VETERINARY CLINIC 18152 357.65 101-0440-425.42-21 09/26/2014 K-9 MEDICATION 232839,233448 10/2014 357.65 10/02/2014 165638 ROCK SOLID LANDSCAPE & IRRIGAT 18171 862.33 101-0881-465.43-40 10/O1/2014 LAWN ABATEMENTS 6697,98,99 10/2014 112.47 101-0881-465.43-40 10/O1/2014 LAWN ABATEMENTS 6868-72 10/2014 224.94 101-0881-465.43-40 10/O1/2014 LAWN ABATEMENTS 80-3,36-8,44,43 10/2014 524 .92 10/02/2014 165639 SAM'S CLUB 19004 1,458.41 101-0770-455.42-21 09/18/2014 ZONE SUPPLIES 10/2014 743 .21 101-0770-455.42-21 09/18/2014 SR PROGRAM SUPPLIES 10/2014 92.28 101-0770-455.43-32 09/18/2014 STAMPS 10/2014 48.75 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 10 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 --------------------------------------------------------------------------------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------- ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------- 227-0000-415.43-32 09/18/2014 STAMPS 10/2014 97.50 101-0770-455.43-31 09/18/2014 MEMBERSHIP 10/2014 15.00 609-9100-415.42-21 09/18/2014 TABLES 10/2014 461.67 10/02/2014 165640 SCHARBER & SONS INC 19011 1,927.15 101-0000-144.00-00 09/24/2014 HOSES P59115 10/2014 37.30 101-0000-144.00-00 09/09/2014 CLUTCH CABLE,PARTS P57699 10/2014 71.24 101-0000-144.00-00 09/09/2014 MAIN DRIVE .MOTOR, PARTS P57729 10/2014 979_66 101-0_000-144.00-00 09/09/2014 BUMPER MTS P57700 10/2014 733.55 101-0000-144.00-00 09/18/2014 SWITCH P58614 10/2014 35.58 101-0000-144.00-00 09/17/2014 SWITCH P58459 10/2014 69.82 10/02/2014 165641 R.J.M PRINTING 19036 940.80 101-0221-415_42-20 09/29/2014 LETTER HEAD/ENVELOPES 82996 10/2014 141.12 101-0331-415.42-20 09/29/2014 LETTER HEAD/ENVELOPES 82996 10/2014 141.12 101-0550-425.42-20 09/29/2014 LETTER HEAD/ENVELOPES 82996 10/2014 141.12 101-0668-435.42-20 09/29/2014 LETTER HEAD/ENVELOPES 82996 10/2014 141.12 101-0770-455.42-20 09/29/2014 LETTER HEAD/ENVELOPES 82996 10/2014 141.12 227-0000-415.42-20 09/29/2014 LETTER HEAD/ENVELOPES 82996 10/2014 47.04 101-0882-465.42-20 09/29/2014 LETTER HEAD/ENVELOPES 82996 10/2014 141.12 101-0440-425.42-20 09/29/2014 ENVELOPES 82996 10/2014 47.04 10/02/2014 165642 SHORT ELLIOTT HENDRICKSON INC 19108 3,238.95 N101-0661-435.43-30 09/26/2014 WTP FILTER DRAIN PUMP 286173 10/2014 798 .12 101-0661-435.43-30 09/26/2014 ANTENNA PROJECTS 286858 10/2014 2,440.83 10/02/2014 165643 S & S TREE SPECIALISTS 19245 3,320.88 101-0666-435.43-40 09/23/2014 OAK WILT TREE REMOVAL 908287856 10/2014 3,320.88 10/02/2014 165644 SHI INTERNATIONAL CORP 19328 2,286.00 409-0000-415.42-21 08/29/2014 BACKUP EXEC LICENSES B02432785 10/2014 1,622 .00 409-0000-415.42-21 09/12/2014 MICROSOFT OFFICE 2013 B02432668,77614 10/2014 664.00 10/02/2014 165645 SHRED RIGHT 19359 94.74 101-0660-415.43-40 09/10/2014 SHREDDING 189171 10/2014 94 .74 10/02/2014 165646 TEN THOUSAND LAKES CHAPTER OF 20035 220.00 101-0880-465.43-37 09/26/2014 REGISTRATION-JENSEN 10/2014 220.00 10/02/2014 165647 TASER INTERNATIONAL 20042 1,470.59 101-0440-425.42-21 09/18/2014 TASER,SUPPLIES,WARRANTY SI1372543 10/2014 1,470.59 10/02/2014 165648 TREE TRUST 20075 103.80 407-0007-455.42-22 09/19/2014 BRIDGE MATERIALS 14403 10/2014 103 .80 10/02/2014 165649 ZCOFTL FRIDLEY,LLC 20130 2, 046.03 609-9100-415.43-38 09/11/2014 UTILIITES 30470001A000367 10/2014 2, 046.03 10/02/2014 165650 TOWMASTER, INC 20143 382.23 101-0000-144.00-00 09/17/2014 TAILGATE CYL 362290 10/2014 382.23 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 11 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/02/2014 165651 UNITED STATES POSTAL SERVICE 21021 1,500.00 601-6000-415.43-32 09/30/2014 BUSINESS REPLY 13637 PERMIT#13637 10/2014 1,500.00 10/02/2014 165652 XCEL ENERGY 24002 102.01 101-0666-435.43-38 09/22/2014 UTILITIES 428269377 10/2014 75.38 101-0666-435.43-38 09/22/2014 UTILITIES 429780815 10/2014 26.63 10/02/2014 165653 YALE MECHANICAL INC 25003 1,446.52 101-0669-435.43-40 09/15/2014 HVAC MAINTENANCE 151212 10/2014 1,446.52 10/02/2014 165654 TODD ZIMBA 26024 27.50 227-0000-415.43-40 09/30/2014 CHORES/MORE 10/2014 27.50 10/02/2014 165655 JOHN W ROSENER 99999 190.79 601-0000-245.00-00 09/29/2014 UB CR REFUND-FINALS 000092225 10/2014 190.79 10/02/2014 165656 DAVE SEYBOLA 2014610 78.00 101-0770-455.42-21 08/13/2014 REIMB MATERIAL-TAE KWONDO 10/2014 78.00 10/02/2014 165657 TERRA VISTA LANDSCAPE 2014655 1,770.52 405-0005-415.42-21 09/18/2014 LANDSCAPING FIRE ENT 10/2014 1,770.52 �^/09/2014 165658 ARCTIC GLACIER INC 1008 557.67 (�,� 609-0000-183.00-00 09/30/2014 SEPT-MISC 10/2014 458.42 609-0000-158.00-00 09/30/2014 SEPT-MISC 10/2014 99.25 10/09/2014 165659 ASPEN MILLS INC 1161 340.80 101-0440-425.42-17 10/OS/2014 UNIFORMS,LOGOS 155228,115,5116 10/2014 340.80 10/09/2014 165660 ANOKA COUNTY PROP RECORDS/TAX 1233 66.00 101-0881-465.43-40 10/06/2014 FILING FEES 529 10/2014 66.00 10/09/2014 165661 ACE SOLID WASTE, INC 1241 2�6;3g 609-9100-415.43-40 10/06/2014 REFUSE HAULING 192794 10/2014 54 .38 609-9200-415.43-40 10/06/2014 REFUSE HAULING 192794 10/2014 33.99 101-0660-415.43-40 10/21/2014 REFUSE HAULING 190039 10/2014 188.02 10/09/2014 165662 ANOKA COUNTY SHERIFF'S OFFICE 1243 1, 525. 00 101-0440-425.43-41 10/OB/2014 RANGE RENTAL 9/15-19 10/2014 1,525.00 10/09/2014 165663 ALBRECHT SIGN & GRAP�ICS,INC 1285 49.95 101-0440-425.43-35 09/22/2014 BUSINESS CARDS-MURPHY 21173 10/2014 49.95 10/09/2014 165664 APPRIZE TECHNOLOGY SOLUTIONS, 1294 2, 130.00 704-0000-415.43-30 10/O1/2014 OCT ADM FEES,YRLY SETUP 10098 10/2014 2, 130.00 10/09/2014 165665 AMARA WINES,LLC 1296 251.44 609-0000-181.00-00 09/13/2014 SEPT-WINE 10/2014 242.44 609-9100-415.43-51 09/13/2014 SEPT-FREIGHT 10/2014 9.00 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 12 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CAECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/09/2014 165666 ARTISAN BEER COMPANY 1303 3,146.25 609-0000-181.00-00 09/30/2014 SEPT-BEER 10/2014 2,593.50 609-0000-157.00-00 09/30/2014 SEPT-BEER 10/2014 552.75 10/09/2014 165667 BOYER TRUCKS INC 2035 701.42 101-0000-144.00-00 09/25/2014 TRUCK PARTS 10/2014 701.42 10/09/2014 165668 BELLBOY CORPORATION 2051 5, 915.47 609-0000-180.00-00 09/30/2014 SEPT-LIQUOR 10/2014 5,072.83 609-0000-183.00-00 09/30/2014 SEPT-MISC 10/2014 336.30 609-9100-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 50.63 609-9100-415.42-21 09/30/2014 SEPT-BAGS 10/2014 455.71 10/09/2014 165669 BRIGHTON VETERINARY HOSPITAL 2138 4, 800.00 101-0440-425.43-40 09/30/2014 ANIMAL IMPOUND 10/2014 4, 800.00 10/09/2014 165670 BERNICK'S BEVERAGES 2207 927.53 609-0000-182.00-00 09/30/2014 SEPT-BEER 10/2014 927.53 10/09/2014 165671 COCA COLA BOTTLING 3030 713.56 609-0000-183.00-00 09/30/2014 SEPT-MISC 10/2014 470.60 609-0000-158.00-00 09/30/2014 SEPT-MISC 10/2014 242.96 A � /09/2014 165672 CULLIGAN 3067 597.45 601-7000-415.43-41 09/30/2014 OCT SOFTENER RENTAL 100X04595000 10/2014 126.45 601-7000-415.42-22 09/30/2014 SALT 100X04595000 10/2014 471. 00 10/09/2014 165673 COUNTRY FLAGS 3085 453 .00 101-0660-415.43-40 10/O1/2014 FLAG REPAIRS,NEW FLAGS 6871 10/2014 453 .00 10/09/2014 165674 CAPITOL BEVERAGE SALES 3097 46, 394.97 609-0000-182.00-00 09/30/2014 SEPT-BEER 10/2014 33, 500.00 609-0000-183.00-00 09/30/2014 SEPT-MISC 10/2014 67:06 609-0000-157.00-00 09/30/2014 SEPT-BEER 10/2014 12, 800.00 609-0000-158.00-00 09/30/2014 SEPT-MISC 10/2014 27. 91 10/09/2014 165675 COMMERCIAL ASPHALT 3100 878.02 601-7000-415.42-22 09/30/2014 ASPHALT 10/2014 696. 82 101-0668-435.42-22 09/30/2014 ASPHALT 10/2014 181.20 10/09/2014 165676 CENTRAL MN CUSTODIAL SERVICES 3198 1, 040.00 101-0669-435.43-40 09/29/2014 SEPT CLEANING SERVICE 1194 10/2014 1, 040.00 10/09/2014 165677 COMMUNITY HEALTH CHARITIES 3227 9.62 101-0000-219.08-00 10/10/2014 PAYROLL SUMMARY 20141010 10/2014 9.62 10/09/2014 165678 CENTURY LINK 3295 41.94 270-0771-455.43-32 09/25/2014 PHONE SERVICE 7833923 10/2014 41.94 10/09/2014 165679 CANNON RIVER WINERY 3311 378 . 00 609-0000-181.00-00 09/30/2014 SEPT-WINE 10/2014 378 .00 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 13 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/09/2014 165680 CHARLESTON COUNTY FAMILY COURT 3316 451.50 101-0000-219.19-00 10/10/2014 PAYROLL SUMMARY 20141010 10/2014 451.50 10/09/2014 165681 DAILEY DATA & ASSOCIATES 4094 530.27 609-9100-415.42-21 09/30/2014 SCANNERS 12317 10/2014 530.27 10/09/2014 165682 DEFORGES PLUMBING,INC 4147 2,250.00 101-0880-465.43-40 10/08/2014 INSPECTIONS 1454 10/2014 2,250.00 10/09/2014 165683 EXTREME BEVERAGE 5088 259.50 609-0000-183.00-00 09/30/2014 SEPT-MISC 10/2014 25"9.50 10/09/2014 165684 FLEXIBLE PIPE TOOL CO 6015 250.00 101-0000-144.00-00 10/03/2014 PROOFER ASSEMBLY #673 17974 10/2014 250.00 10/09/2014 165685 FRIENDLY CHEVROLET, INC 6075 3,147.88 601-7000-415.43-40 09/24/2014 ACCIDENT REPAIR V#601 830255 10/2014 2, 184.79 101-0000-144.00-00 09/30/2014 PARTS 10/2014 735.81 101-0440-425.43-40 09/30/2014 A/C REPAIRS #377 10/2014 227.28 10/09/2014 165686 FRIDLEY FIRE RELIEF ASSOC 6088 900.00 101-0000-219.15-00 10/10/2014 PAYROLL SUMMARY 20141010 10/2014 900.00 A � /09/2014 165687 FRIDLEY POLICE ASSOCIATION 6117 80.00 101-0000-219.22-00 10/10/2014 PAYROLL SUMMARY 20141010 10/2014 80.00 10/09/2014 165688 FERGUSON WATERWORKS #2516 6134 130.91 601-7000-415.42-22 09/24/2014 STANDPIPE CAP 109736 10/2014 130.91 10/09/2014 165689 FLAT EARTH SREWING COMPANY 6147 148.00 609-0000-182_00-00 09/30/2014 SEPT-BEER 10/2014 148.00 10/09/2014 165690 FLEET PRIDE 6151 147.65 101-0000-144.00-00 09/30/2014 HOSE,AIR SPRING 64047240 10/2014 147.65 10/09/2014 165691 GENUINE PARTS CO/NAPA 7014 2,176.95 101-0000-144.00-00 09/30/2014 PARTS 10/2014 1,666.11 101-0669-435.42-22 09/30/2014 PARTS 10/2014 380.38 101-0668-435.42-22 09/30/2014 U-BOLT 10/2014 49.40 602-7000-415.42-25 09/30/2014 GREESE GUN 10/2014 25.07 101-0000-143.00-00 09/30/2014 BATTERY 10/2014 55. 99 10/09/2014 165692 GRAPE BEGINNINGS INC 7109 871.51 609-0000-181.00-00 09/30/2014 SEPT-WINE 10/2014 858.01 609-9100-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 13 .50 10/09/2014 165693 HEALTH PARTNERS 8022 390.00 101-0661-435_43-30 10/O1/2014 FITNESS FOR DUTY EXAM 900021739 10/2014 390. 00 10/09/2014 165694 HOHENSTEINS INC 8068 6,155 .50 609-0000-182.00-00 09/30/2014 SEPT-BEER 10/2014 5, 907.60 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 14 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 609-0000-157.00-00 09/30/2014 SEPT-BEER 10/2014 247.90 10/09/2014 165695 HAWKINS INC 8093 824.64 601-7000-415.42-22 09/25/2014 WTR CHEMICALS 3650118 10/2014 824.64 10/09/2014 165696 INSTY-PRINTS 9027 81.90 101-0770-455.42-21 10/06/2014 SCORE CARDS 100711 10/2014 81.90 10/09/2014 165697 INTL ASSOC OF FIRE FIGHTERS - 9074 90.00 101-0000-219.15-00 10/10/2014 PAYROLL SUMMARY 20141010 10/2014 90.00 10/09/2014 165698 INDEED BREWING COMPANY,LLC 9100 231.00 609-0000-182.00-00 09/30/2014 SEPT-BEER 10/2014 231.00 10/09/2014 165699 INFORMATION POLICY ANALYSIS 9102 225.00 101-0224-415.43-37 09/26/2014 REGISTRATIONS 233587,233588 10/2014 150.00 101-0220-415.43-32 09/26/2014 REGISTRATION 233589 10/2014 75.00 10/09/2014 165700 ILEETA 9103 450. 00 101-0440-425.43-31 10/08/2014 SUBSCRIPTION-USE OF FORCE 10/2014 450.00 10/09/2014 165701 JOHNSON BROTHERS LIQUOR 10005 47, 069.93 609-0000-180.00-00 09/30/2014 SEPT-LIQUOR 10/2014 24, 398.02 A 609-0000-181.00-00 09/30/2014 SEPT-WINE 10/2014 12,636.08 p� 609-9100-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 549.21 609-9200-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 137.25 609-0000-155.00-00 09/30/2014 SEPT-LIQUOR 10/2014 6,486.07 609-0000-156.00-00 09/30/2014 SEPT-WINE 10/2014 2, 863 .30 10/09/2014 165702 JOBSINMINNEAPOLIS.COM 10051 1, 350.00 101-0221-415.43-34 10/06/2014 5 PK JOB POSTINGS 134357 10/2014 1,350.00 10/09/2014 165703 JANI-KING OF MINNESOTA,INC 10056 2,715.92 101-0660-415.43-40 10/06/2014 OCT CLEANING SERVICE MIN10140321 10/2014 2, 715.92 10/09/2014 165704 J.J. TAYLOR DIST. OF MINN, INC 10063 40, 840.31 609-0000-182.00-00 09/30/2014 SEPT-BEER 10/2014 33,000.00 609-0000-183 .00-00 09/30/2014 SEPT-MISC 10/2014 42.15 609-0000-157.00-00 09/30/2014 SEPT-BEER 10/2014 7,750.00 609-0000-158.00-00 09/30/2014 SEPT-MISC 10/2014 48.16 10/09/2014 165705 J3 ENTERPRISES, LLC 10106 300. 00 601-7500-415.42-22 09/30/2014 MUD PLT,WTR MAIN COUPLER 1004 10/2014 300.00 10/09/2014 165706 KROLL 11059 11.25 101-0440-425.43-40 10/08/2014 BACKGROUND CR CK NEW HIRE HY0025824 10/2014 11.25 10/09/2014 165707 NICHOLAS KAUFER 11089 31.58 101-0440-425.43-37 10/03/2014 REIMB MEALS FOR TRAINING 10/2014 31.58 10/09/2014 165708 LEVANDER,GILLEN & MILLER, PA 12013 10,510.50 101-0222-415.43-30 09/30/2014 SEPT ATTY FEES 10/2014 10,510.50 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOA AND YEAR PAGE 15 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 B�NK CODE 00 ---------------------------�----------------------------------------------------------------------------------------------- CHECK CHECK CAECK DATE NIIMBER VENDOR NAME VENDOR # AMOUNT --------------------------------------------------------------------------------------------------------------------------�-- ACCOUNT # TRN DATE DESCRIPTION INVOICE PQ # PER/YEAR ____-____TRN_AMOUNT ------------------------------------------------------------------------------------------------------- 10/09/2014 165709 L-3 COMMUNICATIONS MOBILE VISI 12016 10,383 .95 101-0440-425.42-25 09/24/2014 TRANSMITTERS 10/2014 10,383.95 10/09/2014 165710 LAW ENFORCEMENT LABOR SERVICES 12022 1,575.00 101-0000-219.13-00 10/10/2014 PAYROLL SUMMARY 20141010 1OJ2014 1,575.00 10/09/2014 165711 LEAGUE OF MN CITIES INS TRUST 12082 1,862.16 704-0000^415.43-30 09j30/2014 WRK COMP-PUBLIC SAFETY 10/2014 124.57 704-0000-415.43-30 09/30/2014 WRK COMP-PUBLIC WORKS 10/2014 1,439.61 704-0000-415.43-30 10/02/2014 WRK COMP-PUBLIC SAFETY 10/2014 297.98 10/09/2014 165712 METROPOLITAN COUNCIL 13078 86,105.25 602-0000^209.00-00 10/02/2014 SEPT SAC CHARGES 10/2014 86,105.25 10/09/2014 165713 MINN DEPT OF PUBLIC SAFETY-B.0 13111 750.00 101-0440-425.43-32 09/30/2014 CJDN CONNECTION 231463 10/2014 750.00 10/09/2014 165�14 MINN DEPT OF LABOR & INDUSTRY 13150 1, 923.69 101-0600-205.00-00 09f30j2014 SEPT SURCARG 20814003055 20814003055 10/2014 1,423 .69 10/09/2014 165715 MULTICARE ASSOCIATES 13214 256.00 ' 101-0666-435.43-30 09/18/2014 DRUG TESTING 10/2014 90.00 � 101-0668-435.43-30 09/18/2014 DRUG TESTING 10/2014 76.00 a 101-0666-435.43-30 09J18j2014 DRUG TESTING 10/2014 45.00 101-0669-435.43-30 09/18/2014 DRUG TESTING 10/2014 45.00 10/09/2014 165716 MINN FIRE SERVICE CERT BOARD 13229 250.00 101-0550-425.43-31 09/25/2014 CERT EXAM-LANGE,MARKUSON 2880 10/2014 250.00 10(09/2014 165717 M.E.I TOTAL ELEVATOR SOLUTIONS 13236 139.72 101-0660-415.43-30 10/O1/2014 OCT ELEVATOR SERVICE 325331 10/2014 139.72 10/09/2014 165718 MINN CHILD SUPPORT PAYMENT CEN 13307 304.11 101-0000-219.19-00 10/10/2014 PAYROLL SUMMARY 20141010 10/2014 304.11 10/09/2014 165719 MIDWEST FIRE PROTECTION, INC 13401 225.00 609-9200-415.43-40 09/30/2014 SPRINKLER TESTING 20954 1Oj2014 225.00 10/09/2014 165720 MINNESTALGIA WINERY 13420 90.00 609-0000-181.00-00 09j24/2014 SEPT-WINE 4302 1OJ2014 90•�� 10/09/2014 165721 MEAIAWORKS ADVERTISING SOLUTIO 13446 1,500.00 609-9100-415.43-34 09/30f2014 ADVERTISING 8�661,74�46,911 10(2014 1, 500.00 10/09/2014 165722 PATRICK MAGHRAK 13447 15.00 101-1000-415.42-21 09/25/2014 REFIIND OVERPMT WELLNESS 10/2014 15.00 10/09/2014 165723 METERING & TECHNOLOGY SOLUTION 13467 2,37� .00 601-7500-415.42-22 09/25/2014 WATER METERS 1910 10/2014 2,370. 00 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 16 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/09/2014 165724 MANSFIELD OIL COMPANY 13472 16,603.54 101-0000-141.00-00 10/06/2014 FUEL 940255,940256 10/2014 16,603 .54 10/09/2014 165725 NORTHERN SANITARY SUPPLY INC 14089 84.10 101-0660-415.42-22 09/30/2014 NEURAL CLEANER 170849 10/2014 84 .10 � 10/09/2014 165726 NETWORK MEDICS, INC 14157 50.00 409-0000-415.43-40 10/O1/2014 VITAL BACKUP 5394 10/2014 50.00 10/09/2014 165727 OPEN YOUR HEART 15011 25.00 101-0000-219.08-00 10/10/2014 PAYROLL SUMMARY 20141010 10/2014 25.00 10/09/2014 165728 PEPSI COLA BOTTLING CO 16007 193.20 609-0000-183 .00-00 09/30/2014 SEPT-MISC 10/2014 193.20 10/09/2014 165729 PHILLZPS WINE & SPIRITS 16011 6,491.05 609-0000-180.00-00 09/30/2014 SEPT-LIQUOR 10/2014 2,628 .60 609-0000-181.00-00 09/30/2014 SEPT-WINE 10/2014 3,317.51 609-9100-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 107.62 609-9200-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 6.02 609-0000-155.00-00 09/30/2014 SEPT-LIQUOR 10/2014 242.50 609-0000-156.00-00 09/30/2014 SEPT-WINE 10/2014 188.80 p�p /09/2014 165730 HUNTER HAMILTON 16029 944.00 601-6000-415.43-40 10/02/2014 UB TEMP EMPL-PETERSON 102959158 10/2014 944.00 10/09/2014 165731 PAUSTIS & SONS 16034 3,687.26 609-0000-180.00-00 09/30/2014 SEPT-LIQUOR 10/2014 538.00 609-0000-181.00-00 09/30/2014 SEPT-WINE 10/2014 3, 092.01 609-9100-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 57.25 10/09/2014 165732 QUALITY REFRIGERATION SERVICE 17002 289.24 609-9200-415.43-40 09/30/2014 H-VAC SERVICE AGREEMENT 7039 10/2014 289.24 10/09/2014 165733 CITY OF ROSEVILLE 18083 550.00 101-0333-415.43-32 10/O1/2014 JOINT INTERNET CONNECT 219296 10/2014 • 550.00 10/09/2014 165734 ROCK SOLID LANDSCAPE & TRRIGAT 18171 149.96 101-0881-465.43-40 10/06/2014 MOWING ABATEMENT 6901 10/2014 37.49 101-0881-465.43-40 10/06/2014 MOWING ABATEMENT 6911,6908,6909 10/2014 112.47 10/09/2014 165735 ROOTSTOCK WINE COMPANY 18172 547.75 609-0000-181.00-00 09/30/2014 SEPT-WINE 10/2014 544.00 609-9100-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 3.75 10/09/2014 165736 SCHARBER & SONS INC 19011 73.16 101-0000-144.00-00 09/30/2014 BRAKE CABLE P59677 10/2014 73 .16 10/09/2014 165737 S.P.S. VAR, LLC 19075 4, 860.00 409-0000-415.43-40 10/07/2014 HARDWARE/SOFTWARE MAINT FRIDI00614 10/2014 4, 860.00 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 17 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2019 TO 10/10/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT -------------------------------------------------------------------------------------------------------------------------------- 10/09/2014 165738 SPECIALTY TURF & AG, INC 19121 157.35 101-0666-435.42-22 09/25/2014 WEED KILLER 141168 10/2014 157.35 10/09/2014 165739 SUBURBAN TIRE WHOLSALE, INC 19229 2,340.34 101-0000-143.00-00 09/24/2014 TIRES 10128122 10/2014 297.04 101-0000-143.00-00 09/29/2014 TIRES 10128218 10/2014 2,043.30 10/09j2014 165740 SOUTHERN WINE & SPIRITS OF MN, 19353 24,556.68 609-0000-180.00-00 09/30/2014 SEPT-LIQUOR 10/2014 16,275.69 609-0000-181.00-00 09/30/2014 SEPT-WINE 10/2014 5, 146.43 604-9100-415.43-51 09/30/2014 SEPT-FREIGHT 1Of2014 306 .35 609-9200-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 58.98 609-0000-155.00-00 09/30/2014 SEPT-LIQUOR 10/2014 1, 999.23 609-0000-156.00-00 09/30/2014 SEPT-WINE 10/2014 770.00 10/09/2014 165741 SIR LINES-A-LOT 19381 718.12 406-0006-435.43-40 07/25/2014 STREET MARKINGS JPA MAINT 3594 10/2014 718.12 10/09/2�14 165742 TAHO SPQRTSWEAR 20014 312.30 101-0770-455.42-21 10/02/2014 CHAMPIONSHIP T-SHIRTS 10/2014 312.30 10/09/2014 165743 TERRY OVERACKER PLUMBING 20029 72.00 A 101-0880-465.43-40 10/O1/2014 INSPECTION FEE 40844 10/2014 72.00 0/09/2014 165744 TAPES PLUS ADVERTISTNG 20083 275.00 609-9100-415.43-34 09/30/2014 ADVERTISING 19534 10/2014 275.00 10/09/2014 165745 ZCOFTL FRIDLEY,LLC 20130 47,187.90 609-9100-415.43-46 1Of03/2014 2010-2013 TAX ABATEMENT 30470001A000329 10/2014 10,345.61- 609-9100-415.43-46 10/03/2014 2014 REAL ESTATE TAXES 30470001A000329 10/2014 28,285.40 609-9100-415.43-36 10/03/2014 2013 PROPERTY INSURANCE 30470001A000329 10/2014 82.38- 609-9100-415.43-41 10/03/2014 '13 CAM EXPENSE NEW SPACE 30470001A000329 1Oj2014 6,656.13 609-9T00-415.43-41 10/0'3/2014 '13 CAM EXPENSE OLD SPACE 30470001A000329 10/2014 1,975.94 609-9100-415.43-41 10/03/2014 OCTOBER RENT 30470001A000329 10/2014 10, 564.82 609-9100-415.43-41 10/03/2014 OCTOBER CAM 30470001A000329 10/2014 2, 014.44 609-9100-415.43-41 10/03/2014 OCTOBER CAM ADM 30470001A000329 10/2014 251.87 609-0000-170.00-00 10/03/2014 FINAL BUILDOUT PAYMENT 30470001A000329 10/2014 7, 866.74 10/09/2014 165746 UNITED WAY 21035 25.00 101-0000-219.08-00 10/1Of2014 PAYROLL SUMMARY 20141010 10f2014 25.00 1OJ09/2014 165747 UNITED SUSINESS MAIL 21064 1, 624 .06 101-0000-135.00-00 09/30/2014 POSTAGE 341�01 1�/2014 9.74 101-0220-415.43-32 09/30/2014 POSTAGE 341001 10/2014 132.69 101-0223-415.43-32 09f30f2014 POSTAGE 341001 10/2014 40.60 101-0331-415.43-32 09/30/2014 POSTAGE 341001 10/2014 269•2� 101-0332-415.43-32 09/30/2014 POSTAGE 341001 10/2014 5.52 1Q1-a440-425.43-32 09f30/2014 POSTAGE 341001 10/2014 272.03 101-0550-425.43-32 09/30/2014 POSTAGE 341001 10/2014 67.40 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 18 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 -------------------------------------------------------------------------------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------- 101-0668-435.43-32 09/30/2014 POSTAGE 341001 10/2014 53 .27 101-0661-435.43-32 09/30/2014 POSTAGE 341001 10/2014 120.99 101-0770-455.43-32 09/30f2014 POSTAGE 341001 10/2014 122.94 101-0770-455.43-32 09/30/2014 POSTAGE 341001 10/2014 4.22 101-0880-465.43-32 09/30/2014 POSTAGE 341001 10/2014 66.42 101-0881-465.43-32 09/30/2014 POSTAGE 341001 10/2014 168.90 101-0882-465.43-32 09/30/2014 POSTAGE 341001 10/2014 87.21 225-0000-415.43-32 09/30/2014 POSTAGE 341001 10/2014 .65 237-0000-415.43-32 09/30/2014 POSTAGE 341001 10/2014 10.72 270-0771-455.43-32 09/30/2014 POSTAGE 341001 10/2014 80.88 601-7000-415.43-32 09/30/2014 POSTAGE 341001 10/2014 109.95 609-9100-415.43-32 09/30/2014 POSTAGE 341001 10/2014 .66 10/09/2014 165748 U.S. DEPARTMENT OF EDUCATION 21066 211.90 101-0000-219.20-00 10/10/2014 PAYROLL SUMMARY 20141010 10/2014 211.90 10/09/2014 165749 VIKING INDUSTRIAL CENTER 22011 121.00 101-0661-435.42-21 10/07/2014 WHITE MARKING PAINT 3028884 10/2014 121.00 10/09/2014 165750 VINOCOPIA, INC 22023 3, 002.39 609-0000-180.00-00 09/30/2014 SEPT-LIQUOR 10/2014 2, 978.89 609-9100-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 23.50 �^/09/2014 165751 VAL-PAK OF MINNESOTA 22042 1, 800.00 p 609-9100-415.43-34 09/30/2014 SEPT-ADVERTISING 89381 10/2014 1, 800.00 10/09/2014 165752 WINE COMPANY 23043 576.25 609-0000-181.00-00 09/30/2014 SEPT-WINE 10/2014 568.00 609-9100-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 8.25 10/09/2014 165753 WINE MERCHANTS 23045 604.85 609-9100-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 5.85 609-0000-181.00-00 09/30/2014 SEPT-WINE 10/2014 599.00 10/09/2014 165754 WIRTZ BEVERAGE MINNESOTA BEER, 23092 34, 879.55 609-0000-182.00-00 09/30/2014 SEPT-BEER 10/2014 24,600.00 609-0000-183.00-00 09/30/2014 SEPT-MISC 10/2014 53.51 609-0000-157.00-00 09/30/2014 SEPT-BEER 10/2014 10,200.00 609-0000-156.00-00 09/30/2014 SEPT-MISC 10/2014 26.04 10/09/2014 165755 WIRTZ BEVERAGE WINE & SPIRITS 23095 20,688.21 609-0000-180.00-00 09/30/2014 SEPT-LIQUOR 10/2014 13, 078.92 609-0000-181.00-00 09/30/2014 SEPT-WINE 10/2014 3,373 .00 609-9100-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 198.82 609-0000-155.00-00 09/30/2014 SEPT-LIQUOR 10/2014 2, 925.68 609-0000-156.00-00 09/30/2014 SEPT-WINE 10/2014 1, 084 .00 609-9200-415.43-51 09/30/2014 SEPT-FREIGHT 10/2014 27.79 10/09/2014 165756 XCEL ENERGY 24002 136 .21 270-0771-455.43-38 10/O1/2014 UTILITIES 429371599 10/2014 66.32 PREPARED 10/09/2014, 15:58:25 A/P CHECKS BY PERIOD AND YEAR PAGE 19 PROGRAM: GM350L CITY OF FRIDLEY FROM 09/22/2014 TO 10/10/2014 BANK CODE 00 --------------------------------------------------------------------------------------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ----------------------------------------------------------------------------------------------------------------------------- ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ---------------------------------------------------------------------------------------------------------------------- 101-0666-435.43-38 1Of01J2014 UTILITIES 429811099 10/2014 11.38 101-0550-425.43-38 10/01/2014 UTILITIES 429797959 10/2014 58.51 10/09/2014 165757 YALE MECHANICAL INC 25U�3 523 .63 101-0660-415.43-40 10/07/2014 LIEBERT UNIT LEAKING 154046 10/2014 523.63 10/09/2014 165758 Z WINES USA 26012 185.00 609-0000-181.00-00 09/30/2014 SEPT-WINE 13281 10/2014 180.00 609-9100-415.43-51 09f30/2014 SEPT-FREIGHT 13281 1Of2014 5.00 10/09/2014 165759 REDEEMER LUTHERAN CHURCH 99998 200.00 101-0000-240.00-00 10/08/2014 TSP 14-13,14-14 DEPOSIT REFUND 10/2014 20Q.00 1OJ09/2014 165760 HOME DEPOT #2802 (DEPOSITS) 99998 100.00 101-0000-240.00-00 10/06/2014 CHRISTMAS TRBE LOT DEPOSIT REFUND 10/2014 100.00 10/09/2014 165761 DOMINOS PIZZA 99998 200.00 101-0000-240.00-00 10/O8/2014 TSP 14-19 DEPOSIT REFUND 10/2014 200.00 10/09/2014 165762 All Deals LLP 99998 200.00 101-0000-240.00-00 10/08/2014 TSP 14-17 DEPOSIT REFUND 10/2014 200.00 10/09/2014 165763 WOODLANDS NATIONAL BANK 99999 1,094.37 � 601-0000-245.00-00 10/07/2014 UB REFUND-FINAL,FridleyMN 6161 HWY 65 NE 10/2014 1, 094.37 1+0/09/2014 165764 SCHENDEL, JOSEPH 99999 67.83 601-0000-245.00-00 10/07/2014 UB CR REFUND-FINAL 1353�5-482370 10/2014 67.83 10/09/2014 165765 EDBURG, JENNIFER & RYAN 99999 ' 123.99 601-0000-245.00-00 1Oj07J2014 UB CR REFUND-FINAL 168205-513730 10/2014 123.99 10/09/2014 165766 MICHAEL SPENCER 2014609 1, 950.00 227-00�0-415.43-40 09/22/2014 MET COUNCIL I&I GRANT 10/2014 1,950 .�� 1Oj09/2014 165767 LEROY WILLMAN 2014790 108.00 101-0000-347.83-51 10/06/2014 SR PROGRAM REFUND 10/2014 108.00 DATE RANGE TOTAL * 846,478.90 * : � CITY COUNCIL MEETING OF �F�� 10-13-2014 BUSINESS LICENSE LIST Tree Trimming TREECOLOGY LLC Public Safety Director Mary Fontana-Romer Applicant Public Works Director Golden Valley Temporary Liquor and Auction Totino-Grace High School City Clerk 11-08-14 1350 Gardena Ave Public Safety Director Chris Beach Applicant Temporary Food Fridley Lions Public Safety Director Waffle Breakfast 11-16-14 Fridley Community Center Roger Solz Applicant 52 = AGENDA fTEM _-r ��°f CITY COUNCIL MEETING Of OCTOBER 13, 2014 Fridley LICENSES Contractor T e A licant A roved B Sever Construction Co Commercial or Matt Sever Ron 3ulkowski,CBO S ecial B&B Plumbin LLC HVAC Brian Vertsch Ron Julkowski,CBO Becsom Co oration Roofin Thomas F.Becker Ron Julkowski,CBO . Lino Lakes Blacktopping Blacktop Tom Ramsden Ron Julkowski,CBO Contractor Ra N. Welter Heatin Co HVAC Ra N Welter Ron Julkowski, CBO Matrix HVAC HVAC Scott S orer Ron Julkowski,CBO Kni ht Heatin &Air Conditionin HVAC Jill Lien Ron Julkowski, CBO CSM Corporation Commercial or Richard Kerber Ron Julkowski, CBO S ecial 53 = AGENDA ITEM� Fridley CITY COUNCIL MEETING OF OCT 13, 2014 LICENSES To: Walter T. Wysopal, City Manager Mayor and City Council From: Scott Hickok, Community Development Director Deb Biorn, Rental Property Inspections Date: October 8, 2014 Re: Annual Renewal of Licenses AGENDA ITEM CITY COUNCIL MEETING Attached is a list of 20 properties that have submitted a rental license application,paid all fees related to license renewal, and completed the rental inspections process. The Rental Property Inspections Division of Community Development recommends that the City Council approves the issuance of the rental licenses for these properties. 54 Ready for Certificate The properties listed below meet the rental property guidelines according to Chapter 220 of the Fridley City Code Property Id Property Address Units Owner 1086 5850 Hackmann Ave. NE 1 Cheryl L. Stinski 1246 5335-37 6th St. NE 2 Robert Huber 1262 1313-23 73rd Ave. NE 2 David Morisette 1484 1461 73rd Ave. NE 21 Equity Real-Estate Services LLC 1498 6073 3rd St. NE 3 Jerome Dold 1387 6711-15 Main St. NE 2 Michael Whalen 1518 4832 2nd St. NE 1 KPR Properties, LLC 1754 1601 N Innsbruck Dr. (371) 1 AI Ogdie 1814 1640 76th Ave. NE 1 Sonya Brizzolara 1916 36 Talmadge Way NE 1 Angela L. Litzau 1982 1601 N Innsbruck Dr. (244) 1 AI Ogdie 2010 7325 Central Ave. NE 1 Mark V Olson 2013 1601 N Innsbruck Dr. (323) 1 Adam Brodal 2049 7361 Lyric Ln. NE 1 Mark Reiners 2183 1601 N Innsbruck Dr. (378) 1 JORA Holdings, LLC 2211 5985 McKinley St 1 Mike Klosterman 1743 8140 Ruth Street NE 1 Simmarjit Singh 2273 5578 E Bavarian Pass 1 Tina Marie Ferguson 2274 5567 E Bavarian Pass 1 Blake Olson 2040 1601 N Innsbruck Dr. (162) 1 Lukas Adams Total Certificates: 20 55 � ACENDA ITEM C;�,a� CITY COUNCIL MEETING OF Ftidley OCTOBER 13� 2�14 TO: WALLY WYSOPAL,CITY MANAGE�� FROM: DARIN NELSON,FINANCE DIRECTOR� GREG TIREVOLD,SPECIAL ASSESSMENTS SUBJECT: PUBLIC HEARING FOR THE STREET PROJECT NO. ST 2414-01 DATE: October 1,2014 Attached is the Public Hearing Notice for the assessment for the Street Project No.ST 2014-01. The Public Hearing Notice was published in the Focus newspaper on September 26, 2014 as required by State Statute. DRN/gt Attachtnent 56 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 13,2014 in the Council Chambers at 6431 University Avenue,to consider, and possibly adopt,the proposed assessment for the following improvements: 2014 STREET IMPROVEMENT PROJECT Assess 10 years @ 5.25°lo Interest $1,059,604.35 Project#2014-01 2014 Street Improvement 02-30-24-22-0009 03-30-24-41-0002 03-30-24-44-0060 11-30-24-22-0022 02-30-24-22-0010 03-30-24-41-0003 03-30-24-44-0461 11-30-24-22-0024 02-30-24-22-0011 03-30-24-41-0004 03-30-24-44-0062 11-30-24-22-0029 02-30-24-23-0005 03-30-24-41-0005 03-30-24-44-0463 11-30-24-23-0011 02-30-24-23-0006 03-30-24-44-0001 03-30-24-44-0064 11-34-24-23-0012 02-30-24-23-0008 03-30-24-44-0002 03-30-24-44-0065 11-30-24-23-0013 02-30-24-23-0009 03-30-24-44-0003 03-30-24-44-0073 11-30-24-23-4014 . 02-30-24-23-0010 03-30-24-44-0009 03-30-24-44-0075 11-30-24-23-0015 02-30-24-23-0013 03-30-24-44-0024 03-30-24-44-0076 11-30-24-23-0019 02-30-24-23-0020 03-30-24-44-0025 03-30-24-44-0077 11-30-24-23-0022 02-30-24-23-0021 03-30-24-44-0026 03-30-24-44-0078 11-30-24-23-0023 02-30-24-32-0003 03-30-24-44-0028 03-30-24-44-0079 11-34-24-23-0025 02-30-24-32-0005 03-30-24-44-0030 03-30-24-44-4081 11-30-24-23-0026 02-30-24-32-0017 03-30-24-44-0034 03-30-24-44-0082 11-30-24-32-0007 02-30-24-32-0025 03-30-24-44-0035 03-30-24-44-0083 11-30-24-32-0008 02-30-24-32-0026 03-30-24-44-0036 03-30-24-44-0087 11-30-24-32-0011 02-30-24-32-0029 03-30-24-44-0038 10-30-24-11-0024 11-30-24-32-0012 02-30-24-33-0018 03-30-24-44-0039 10-30-24-11-0031 11-30-24-32-0013 02-30-24-33-0019 03-30-24-44-0040 11-30-24-22-0010 11-30-24-32-0028 02-30-24-33-0029 03-30-24-44-0041 11-30-24-22-0011 11-30-24-32-0029 03-30-24-14-0003 03-30-24-44-0442 11-30-24-22-0012 11-30-24-32-0030 03-30-24-14-0005 03-30-24-44-0056 11-30-24-22-0015 11-30-24-32-0031 03-30-24-14-0006 03-30-24-44-0057 11-30-24-22-0017 11-30-24-32-0035 03-30-24-41-0001 03-30-24-44-0059 11-30-24-22-0421 OAK GLEN CREEK EROSION CONTROL Assess 10 years a� 5.25%Interest$42,000.00 Project No. 380 Oak Glen Creek Erosion Control Project No. 380 10-30-24-13-0010 10-30-24-13-0028 10-30-24-13-0442 10-30-24-14-0034 10-30-24-13-0011 10-30-24-13-0031 10-30-24-13-0044 10-30-24-14-0036 10-30-24-13-0012 10-30-24-13-0032 10-30-24-14-0008 10-30-24-14-0037 10-30-24-13-0013 10-30-24-13-0033 10-30-24-14-0009 10-30-24-14-0038 10-30-24-13-0014 10-30-24-13-0034 10-30-24-14-0010 10-30-24-14-0039 10-30-24-13-0015 57 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 Staiutes 5ection 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 Ciiy 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, or for persons retired due to permanent and total disability for which it would be a hardship to make the payments Scott J. Lund Mayor Publish: September 26, 2014 58 � AGENDA ITEM ��of CITY COUNCIL MEETING OF FI'a�� OCTOBER 13, 2014 TO: WALLY WYSOPAL, CITY MANAGER� FROM: DARIN NELSON,FINANCE DIRECTOR GREG TIREVOLD,SPECIAL ASSESSMENTS SUBJECT: PUBLIC HEARING FOR THE OAK GLEN CREEK EROSION CONTROL PROJECT NO. 380 DATE: October 2,2014 Attached is the Public Hearing Notice for the assessment for the Oak Glen Creek Erosion Control Project No. 380. The Public Hearing Notice was published in the Focus newspaper on September 26, 2014 as required by State Statute. DRN/gt Attachment 59 CITY OF FRIDLEY,ANOKA COUNTY,MINNESOTA PUBLIC�IEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearing at?:00 p.m. on October 13,2014 in the Council Chambers at 6431 University Avenue,to consider, and possibly adopt,the proposed assessment for the following improvements: 2014 STREET IMPROVEMENT PROJECT Assess 10 years @ 5.25% Interest$1,059,604.35 Project#2014-01 2014 Street Improvement 02-30-24-22-0009 03-30-24-41-0002 03-30-24-44-0060 11-30-24-22-0022 OZ-30-24-22-0010 03-30-24-41-0003 03-30-24-44-0061 11-30-24-22-0024 02-30-24-22-0011 03-30-24-41-0004 03-30-24-44-0062 11-30-24-22-0029 02-30-24-23-0005 03-30-24-41-0005 03-30-24-44-0063 11-30-24-23-0011 02-30-24-23-0006 03-30-24-44-0001 03-30-24-44-0064 11-30-24-23-0012 02-30-24-23-0008 03-30-24-44-0002 03-30-24-44-0065 11-30-24-23-0013 02-30-24-23-0009 03-30-24-44-0003 03-30-24-44-0073 11-30-24-23-0014 02-30-24-23-0010 03-30-24-44-0009 03-30-24-44-0075 11-30-24-23-4015 02-30-24-23-0013 03-30-24-44-0024 03-30-24-44-0076 11-30-24-23-0019 02-30-24-23-0020 03-30-24-44-0025 03-30-24-44-0077 11-34-24-23-0022 02-30-24-23-0021 03-30-24-44-0026 03-30-24-44-0078 11-30-24-23-0023 02-30-24-32-0003 03-30-24-44-0028 03-30-24-44-0079 11-30-24-23-0025 02-30-24-32-0005 03-30-24-44-0030 03-30-24-44-0081 11-30-24-23-0026 02-30-24-32-0017 03-30-24-44-0034 03-30-24-44-0082 11-30-24-32-0007 02-30-24-32-0025 03-30-24-44-0035 03-30-24-44-0083 11-30-24-32-0008 02-30-24-32-0026 03-30-24-44-0036 03-30-24-44-0087 11-30-24-32-0011 . 02-30-24-32-0029 03-30-24-44-0038 10-30-24-11-0024 11-34-24-32-0012 02-30-24-33-0018 03-30-24-44-0039 14-30-24-11-0031 11-30-24-32-0013 02-30-24-33-0019 03-30-24-44-0040 11-30-24-22-OO10 11-30-24-32-0028 02-30-24-33-0029 03-30-24-44-0041 11-30-24-22-0011 11-30-24-32-0029 03-30-24-14-0003 03-30-24-44-0042 11-30-24-22-0012 11-30-24-32-0030 03-30-24-14-0005 03-30-24-44-0056 11-30-24-22-0015 11-34-24-32-0031 03-30-24-14-0006 03-30-24-44-0057 11-30-24-22-0017 11-30-24-32-0035 03-30-24-41-0001 03-30-24-44-0059 11-30-24-22-0021 OAK GLEN CREEK EROSION CONTROL Assess 10 years @ 5.25% Interest$42,000.00 Project No. 380 Oak Glen Creek Erosion Control Project No. 380 10-30-24-13-0010 10-30-24-13-0028 10-30-24-13-4042 10-30-24-14-0034 10-30-24-13-0011 10-30-24-13-0031 10-30-24-13-0044 10-30-24-14-0036 10-30-24-13-0012 10-30-24-13-0032 10-30-24-14-0008 10-30-24-14-0037 10-3 0-24-13-0013 10-3 0-24-13-003 3 10-3 0-24-14-0049 10-3 0-24-14-003 8 10-30-24-13-0014 10-30-24-13-0034 10-30-24-14-4010 10-30-24-14-0039 10-30-24-13-0015 60 The proposed assessment rolls are on file for public inspection at the Finance Office. Notices aze 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. T'he 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, or for persons retired due to permanent and total disability for which it would be a hardship to make the payments Scott J. Lund Mayor Publish: September 26, 2014 61 a= AGENDA ITEM �� CITY COUNCIL MEETING OF Fridley OCTOBER 13, 2014 To: Walter T. Wysopal, City ManaiG�2�% Mayor and City Council From: Debra A Skogen,City Clerk� Date: October 6, 2014 Re: Public Hearing and Approval of On-Sale Intoxicating Liquor License Application for Mary M. Tjosvold to Operate Crooners Lounge& Supper Club located at 6161 Highway 65 NE (Formerly Shorewood Restaurant) Introduction Mary M. Tjosvold, applicant, has applied for an on-sale intoxicating liquor license to operate a restaurant at 6161 Highway 65 NE, formerly known as Shorewood Restaurant. Section 603.07 of the Fridley City Code requires a public hearing be held to consider the approval of an on-sale intoxicating liquor license. The Notice of Public Hearing, Attachment A, was published in the Fridley Sun Focus on October 3, 2014, which meets the ten day advance notice requirement. After the public hearing, the City Council has the ability to approve the license at the same meeting. Back�round and Analysis Mary M. Tjosvold is the CEO of MaryT Ina Crooners will be operated under the MaryT Inc umbrella. Ms. Tjosvold has no firsthand knowledge of operating a restaurant serving alcohol, but has business experience in the food industry through the Camilla Rose care home kitchen as well as other care facilities. Ms. Tjosvold understands the importance of the food to liquor ratio and will be striving to exceed the minimum gross food sales of 40°l0, with the expectation that the business will be more food oriented striving for gross food sales of 65%. Crooners will be open to the public as a restaurant and provide a lounge for musical acts to perform jazz or other low key music. The Police Department conducted a background investigation on the applicant and individuals serving in a management capacity and found no areas of concern. In addition to Ms. Tjosvold, the following individuals will be helping to manage the restaurant: 62 • Laurence Dunsmore—manager and promoterlperformer at the Lounge • Martin Fu-Ndi, -Helping with finance duties • Laurie Serie—management of bar • Kimberly Neal—facility management Recommendation At this time, staff recommends the following actions: 1. Hold a public hearing for an intoxicating liquor license for Mary M. Tjosvold, Applicant, to operate Crooners Lounge & Supper Club located at 6161 Highway 65 NE; and 2. Motion to approve liquor and other required business licenses for Crooners Lounge & Supper Club. 63 Attachment 1 CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL (Legal Notice) Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on Monday,October 13,2014,at 7:00 p.m.on the question of issuing an on-sale Intoxicating Liquor License to Mary M. Tjosvold for Crooners Lounge&Suppler Club Inc. located at 6161 Highway 65,Fridley,Minnesota. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than October 8,2014. Anyone having an interest in this matter should make their interest known at this public hearing. 1s/Debra A. Skogen,City Clerk Published: October 3,2014 in the Fridley SunFocus 64 � AGENDA ITEM _ CITY COUNCIL MEETING OF �m�r Fridley OCTOBER 13� 2014 TO: WALLY WYSOPAL,CITY MANAGE FROM: DARIN NELSON,FINANCE DIRECTOR GREG TIREVOLD,SPECIAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2014 STREET IMPROVEMENT PROJECT NO. ST. 2014-01 DATE: October 1,2014 Attached you will find the final assessment roll for the 2014 Street Improvement Project No. St. 2014-01 along with the Resolution to adopt the assessment. This project included 95 properties. The assessment will be for 10 years at a rate of 5.25%. DRNlgt Attachment 65 RESOLUTION NO. 2014-! RESOLUTION ADOPTING A5SESSMENT FOR THE 2014 STREET IMPROVEMENT PROJECT NO. 2014-01 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 2014 Street Improvement Project No. 2014-01. 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 ten yeaxs, the first of the installments to be payable on or before the first Monday in Januazy, 2015, and shall bear interest at the rate of 5.25 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, 2015. 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,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 chazged 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 chazged 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 13�' DAY OF OCTOBER,2014. , SCOTT J. LLJND -MAYOR ATTEST: DEBRA A. SKOGEN- CITY CLERK 66 2014 Street Project ST2014-i Final Assessment Roll PIN ADDRESS NAME AMOUNT 230-24-22-000 10183RD AVE NE UNIVERSITY AVE ASSOC $ 17,454.24 230-24-22-001 8310 UNIVERSITY AVE NE#200 BANFILL SENIOR HOUSING LLC 9,738.96 2-30.24-22-001 83XX UNIVERSITY (N.A.) NW ORTHOPAEDIC SURGEONS 7,032.29 2-30-24-23-000 8290 UNIVERSITY AVE NE NW ORTHOPAEDIC SURGEONS 7,514.18 2-30-24-23-000 8298 UNIVERSITY AVE NE GMME DOUGH LLC 10,205.36 2-30-2423-000 160 83RD AVE NE BRENNY ENTERPRISES LLC 7,032.29 230-24-23-000 100 83RD AVE NE i1301 M B PROPERTIES 14,247.97 230-24-23-001 8251 MAIN ST NE M B PROPERTIES 6,162.74 230-24-23-001 8300 UNIVERSITY AVE NE MCDONALDS CORPORATION (,22g,g2 2-30-24-23-002 82XX MAIN STREET(N.A.) SAMS REAL EST BUSINESS TRUST 10,592.70 2-30.24-23-002 8150 UNIVERSITY AVE NE SAMS REAL EST BUSINE55 TRUST 42,461.23 2-30-2432-000 7901 MAIN ST NE ELM STREET PROPERTIES LLC 7,77g,5Z 2-30-24-32-000 8094 UNIVERSITY AVE NE TAYLOR TRUSTEE JAMES&TAYLOR TRUSTEE MARGARET 6,052.07 230-24-32-001 8090 RANCHERS RO NE FRIDLEY PROPERTIES LLC 7,386.43 230-24-32-002 140 815T AVE NE AR NORTH AMERICA INC 31,638.97 230-24-32-002 8000 UNIVERSITY AVE NE TRUSTEE GROUP REALTY PRTN I 5,2gg,22 2-30-2432-002 7989 MAIN ST NE V&T PROPERTIES LLC 31,889.12 230-2433-001 7701 MAIN ST NE RUM RIVER MAIN LLC g,g9p,7q 2-30-24-33-001 7765 MAIN ST NE ST PROPERTIES INC OF COON RAPIDS 9,960.30 230-2433-002 7835 MAIN ST NE TALCO INC 20,173.56 3-30-24-14-000 H290 MAIN ST NE KASBOHM DONALD 6,181.71 3-30-24-14-000 8250 MAIN ST NE J R PROPERTIES INC 13,821.10 3-30-24-1 51815T AVE NE CON-WAY CENTRAL EXPRE55 38,313.95 330-24-41-000 40 815T AVE NE XTRA LEASE INC 25,156.87 330-24-41-000 8030 MAIN ST NE AGRO K CORPORATION 45,030.04 330-24-01-000 7901 BEECH ST NE COBALT INDUSTRIAL REIT II 32,511.68 3-30-24-41 7900 MAIN ST NE COBALT INDUSTRIAL REIT II 31,297.48 330-24-41-000 7900 BEECH ST NE RYAN COMPANIES US INC 23,762.43 3-30-24-44-000 78XX MAIN STREET(N.A.) BOIE DAVID R 3,579.38 3-30-24-44-000 7880 MAIN ST NE BOIE DAVID R 3,794.40 330-24-44-000 7860 MAIN ST NE BOIE DAVID R 3,636.30 3-3o-24-44-000 7893 ELM ST NE TUFAA TASHITAA 4,252.89 3-30-24-44-002 7875 BEECH ST NE SWAN EMERSON PROPERTIES LLC 6,956.40 3-30-24-44-002 7855 BEECH ST NE NORTHERN INVESTMENTS&CONSULTING LLC 2,529.60 3-30-24-44-002 7845 BEECH ST NE CAMBIUM PROPERTIES LLC 2,529.60 330-24-44-002 7865 BEECH ST NE JACKSON CYNTHIA 2,529.60 330-24-44-003 7891 HICKORY ST NE HICKORY HOLDINGS PTNSHP LLP 4,256.05 330-24-44-003 7850 BEECH ST NE LIN-MAIN PROPERTIES LLC 6,260.76 3-30-24-44-003 7800 BEECH ST NE LIN-MAIN PROPERTIES LLC 6,387.24 3-30-24-44-003 7880 BEECH ST NE PHOENICIA PROPERITES INC 8,211.71 3-30-24-44-003 55 77TH AVE NE LUKIR PROPERTIES LLC l�gqg,77 3-30-24-44-003 7786 BEECH ST NE SUAREZ HUMBERTO&GAIL 2,788,gg 3-30-2 7760 BEECH ST NE CLARUS INC 3,794.40 3-30-24-44-004 7740 BEECH ST NE BEECH STREET PROPERTIES LLC 2,529.60 3-30-24-44-004 77XX BEECH STREET(N.A.) BEECH STREET PROPERTIES LLC 2,52g,6p 3-30-24-44-005 7795 BEECH ST NE 7795 BEECH lLC 2,792.05 3-30-24-44-005 7775 BEECH ST NE R&F ACQUISITIONS INC Z,52g,6p 330-24-44-005 7733 BEECH ST NE MARK AHO LLC 2,529.60 3-30-24-44-006 7713 BEECH ST NE NELSON JUDITH M 3�288,qg 3-30-2444-006 7701 BEECH ST NE#2 WILLEY ROSE M 3,857.64 3-30-24-44-006 39 77TH AVE NE HOFFER ALLEN J 2,371.50 330-24-44-006 2177TH AVE NE HOFFER ALLEN J 2,135.00 3-30-24-44 19 77TH AVE NE HOFFER ALLEN J 2,135.00 330-24-44-006 7710 MAIN ST NE RUM RIVER MAIN LLC 12,907.28 3-30-24-44-007 13 77TH AVE NE 13 SEVENTY SEVENTH AVENUE LLC 13,027.44 3-30-24-44-007 7753 BEECH ST NE MARK AHO LLC 3,794.40 3-30-24-44-007 7864 ELM ST NE CLARK HAROLO W&LINDA l ggg,71 3-30-24-44-007 7872 ELM ST NE CLARK HAROLD W&LINDA L 989.71 3-30-24-44-007 7880 ELM ST NE CLARK HAROLD W&L�NDA L ggg,71 3-30-24-44-007 5177TH AVE NE LUKIR PROPERTIES LLC 6,782.49 67 2014 Street Project ST2014-i Final Assessment Roll PIN ADDRE55 NAME AMOUNT 330-24-44-008 7714 BEECH ST NE LUKIR PROPERTIES LLC 3,541.44 330-24-44-008 7805 BEECH ST NE CELTIC PROPERTIES LLC 6,324.00 3-30-24-44-008 7800 MAIN 5T NE HOGEN DELMAN R&CAROL A 5,059.20 3-30-24�4-008 7840 MAIN ST NE BORING MACHINE REAL ESTATE LLC 5,217.30 1030-24-11-002 40 77TH AVE NE SHEAR FRANK ASSOCIATES 13,406.88 10.30-24-11-003 193 OSBORNE RD NE OSBORNE COMMERCE CENTER LLP 18,690.58 1130-24-22-001 7501 COMMERCE LN NE MCL HOLDINGS LLC 6,403.05 1130-24-22-001 7521 COMMERCE LN NE OLSEN DEPINfS L 6,30�.87 1130-24-22-001 7541 COMMERCE LN NE COLWELL REAL ESTATE LLC 6,516.88 11-30-24-22-001 7580 COMMERCE LN NE SCHMIDT OSBORNE LLC 13,656.68 11-30-24-22-001 7500 COMMERCE LN NE ZBIKOWSKI DELORES 12,651.16 1130-24-22-002 225 OSBORNE RD NE FRAllENSHUH HOSPITALITY GROUP OF MN LLC 8,837.79 1130-24-22-002 7685 MAIN ST NE BIUE WATER PROPERTIES lLC 13,452.80 11-30-24-22-002 7550 UNIVERSITY AVE NE MARLAND-KELMIA LLC 8,651.23 11-30-24-22-002 191 OSBORNE RD NE OSBORNE COMMERCE CENTER LLP 13,628.22 11-30-24-23-001 2XX 73RD AVE(N.A.) 3D ASSOCIATES LMTD PRTNSHP I 4,388.86 113Q-24-23-001 2XX 73RD AVE{N.A.) 3D ASSOCIATES LMTD PRTNSHP I 9,672.56 1130-24-23-001 7321 COMMERCE LN NE 3D ASSOCIATES LMTD PRTNSHP I 6,320.84 11-30-24-23-001 7321 COMMERCE LN NE 3D ASSOCIATES LMTD PRTNSHP I 6,333.49 11-30-24-23-001 7341 COMMERCE lN NE COLBURN INVESTMENT PROPERTIES LLC 6,327.16 11-30-24-23-0OS 7300 UNIVERSITY AVE NE ORANGE DOG HOLDINGS LLC 6,341.39 11-30-24-23-002 7300 COMMERCE LN NE 7300 BUILOING llC 17,741.98 11-30-24-23-002 7421 COMMERCE LN NE FUDGE TRUSTEE DAVID&FUDGE TRUSTEE JEANNE 12,654.32 11-30-24-23-002 74XX COMMERCE(N.A.) LOFTHOUSE BAKERY PRODUCTS INC 10,896.25 1130-24-23-002 7350 COMMERCE LN NE LOFTHOUSE BAKERY PRODUCTS INC 17,011.56 1130-24-32-000 250 COMMERCE CIR 5 PARKVIEW BU{LDfNG LLC 6,207.01 11-30-24-32-000 230 COMMERCE CIR S ELIASON DOUGLAS 6,798.30 1130-24-32-001 7180 COMMERCE CIR W COMMERCE CIRCLE LLC 30,538.95 1130-24-32-001 7220 COMMERCE CIR W 3D REAL ESTATE HOLDINGS LLC 30,118.40 11-30-24-32-001 7290 COMMERCE CiR E 3D ASSOC LTD PRTNRSHP 1 10,118.40 11-3o-24-32-002 7260 UNIVERSITY AVE NE#145 LEVITAN UMITED PARTNERSHIP 6,226.61 1130-24-32-002 7280 COMMERCE CIR E TRUSTEE GROUP REALTY PRTNRS IV 33,561.47 1130-24-32-003 7151 COMMERCE CIR NE TRUSTEE GROUP REALTY PRTN I 21,722.94 1130-2432-003 251 COMMERCE CIR 5 TRUSTEE GROUP REALTY PRTN I 9,169.80 1130-24-32-003 20�COMMERCE CIR S SCHLENER PETER 12,338.1 $ 962,168.24 (N.A.)_>NOT ADDRESSEO PROPERTIES 68 � AGENDA ITEM �;�of CITY COUNCIL MEETING OF Fridley OCTOBER 13� 2014 TO: WALLY WYSOPAL, CITY MANAGE�� FROM: DARIN NELSON,FINANCE DIRECTOR� GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE OAK GLEN CREEK EROSION CONTROL PROJECT NO.380 DATE: October 2,2014 Attached you will find the final assessment roll for the Oak Glen Creek Erosion Control Project No. 380 along with the Resolution to adopt the assessment. This project included 20 properties. The assessment will be for 10 years at a rate of 5.25%. DRN/gt Attachment 69 RESOLUTION NO.2014-_ RESOLUTION ADOPTING ASSESSMENT FOR THE OAK GLEN CREEK EROSION CONTROL PROJECT NO. 380 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the Oak Glen Creek Erosion Control Project no 380. 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 ten years, the first of the installments to be payable on or before the first Monday in January, 2015, and shall bear interest at the rate of 5.25 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, 2015. 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, 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 13�' DAY OF OCTOBER, 2014. SCOTT J. LLJND -MAYOR ATTEST: DEBRA A. SKOGEN -CITY CLERK 70 City of Fridley Project No.380 Oak Glen Creek Erosion Control Final Special Assessment Roli Rev.September 10,2014 PIN LOC ADDR ASSESSED AMT 10-30-24-13-0010 100 TALMADGE WAY NE $ 1,629.49 10-30-24-13-0011 120 TALLMADGE WAY NE 1,629.49 10-30-24-13-0012 130 TALMADGE WAY NE 1,629.49 10-30-24-13-0013 140 TALMADGE WAY NE 1,629.49 10-30-24-13-0014 144 TALMADGE WAY NE 1,629:49 10-30-24-13-0015 148 TALMADGE WAY NE 1,629.49 10-30-24-13-0028 159 LOGAN PKY NE 1,629.49 10-30-24-13-0031 175 LOGAN PKY NE 1,629.49 10-30-24-13-0032 189 LOGAN PKY NE 1,629.49 10-30-24-13-0033 235 LOGAN PKY NE 1,629.49 10-30-24-13-0034 211 LOGAN PKWY NE 1,629.49 10-30-24-13-0042 150 TALMADGE WAY NE 1,629.49 10-30-24-13-0044 151 GLEN CREEK RD NE 1,629.49 10-30-24-14-0008 115 GLEN CREEK RD NE 1,629.49 10-30-24-14-0009 139 GLEN CRK RD NE 1,629.49 10-30-24-14-0010 7356 E RIVER RD NE 1,629.49 10-30-24-14-0036 24 TALMADGE WAY NE 1,629.49 10-30-24-14-0037 36 TALMADGE WAY 1,629.49 10-30-24-14-0038 48 TALMADGE WAY 1,629.49 10-30-24-14-0039 60 TALMADGE WAY NE 1,629.49 $ 32,589.80 71 � AGENDA ITEM � """f CITY COUNCIL MEETING OF OCTOBER 13, 2014 Fridley To: Walter Wysopal, City Manager From: Jack Kirk, Director of Parks and Recreation Date: October 7, 2014 Re: Resolution Approving Grant Agreement befinreen City of Fridley and Metropolitan Council for $5 Million State Bonding Grant to improve the Springbrook Nature Center Please find attached a Resolution approving the grant agreement between the City of Fridley and the Metropolitan Council to accept the State bond grant of$5 million to improve the Springbrook Nature Center. On May 21, 2014 the State of Minnesota approved General Obligation Bonding Legislation that allocated $5,000,000 to the City of Fridley to predesign, design, construct, furnish and equip the redevelopment and expansion of the Springbrook Nature Center. I am recommending that the City Council approve this resolution and authorize you and the Mayor to sign the grant agreement with the Met Council. I have also attached a copy of the grant agreement. Upon approval and signing of the Grant Agreement, the City will have access to the $5M appropriation from the State Bonding Bill to use in the design, construction, remodeling, furnishing and equipping of the Springbrook Nature Center. As specified in the bonding legislation, no local match is required in order for us to receive these State funds. It has been clear in previous discussions with the City Council that we will not be given approval to move ahead with any portions of the project that we do not have funds committed to. In other words, if additional monies are not raised through the fundraising efforts of the Springbrook Nature Center Foundation and the only monies available are the $5M State Bonding monies, $5M is the maximum that can be spent on the project. If the SNC Foundation raises another$1 M for the project, the maximum dollars available for the project would be $6M and so on. As a reminder, the total project estimate to complete all phases is $7.6M. Once the agreement is approved by the City Council, I would anticipate the following activities and schedule to complete the Springbrook project: 1. While the State of Minnesota has informed us that we do not need to submit a formal pre-design of this project, they want us to submit pre-design information to the State Legislative Committees for a recommendation before proceeding on the formal design phase. I would expect that this could happen yet this month (October 2014). 72 2. Interview, select and contract with a project management firm to oversee the project. (November 2014) 3. Interview, select and contract with an Architect/Engineering firm to design the Interpretive Building. (November 2014) 4. Establish a Design Advisory Committee to work with the Architect/Engineering firm on the building design. (December 2014) 5. Finalize design plans for the facility. (March 2015) 6. Finalize the construction and bid documents. (April 2015) 7. Receive bids and award construction contract. (May 2015) 8. Start construction of Interpretive Building. (Ju1y2015) 9. Select and purchase furnishings and equipment: (September 2015 —June 2017) 10. Complete construction of Interpretive Building. (July 2017) Once the grant agreement with the State is approved and signed, we are required to sign a State of Minnesota General Obligation Bond Financed Declaration that must be filed/recorded at the Anoka County Recorder's Office. This declaration will identify that our Springbrook Nature Center property is now bond financed property subject to requirements imposed by State statute. I am attaching a copy of the required declaration and the cover letter for these documents that was sent to me by the Met Council staff member Arne Stefferud. Please let me know if you have any questions or would like more information on this grant agreement. 73 RESOLUTION NO. RESOLUTION APPROVING GRANT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE METROPOLITAN COUNCIL TO ACCEPT THE STATE BOND GRANT OF $5 MILLION TO IMPROVE THE SPRINGBROOK NATURE CENTER WHEREAS,the Springbrook Nature Center is a 127-acre City of Fridley park that provides year- round opportunities to experience and learn about nature; and is an environmental education center that serves school groups, community organizations and families; and WHEREAS, the Springbrook Nature Center serves the people living in the north suburban azea with enjoyable and educational programs, hands-on exhibits and nature center facilities; and WHEREAS,the Sanctuary Protection and Renewal Into the Next Generation Project for Springbrook Nature Center is known as the SPRING project; and WHEREAS, the Springbrook Natttre Center SPRING Project will enhance this park as a learning center for people from the metropolitan area, the State of Minnesota, and the City of Fridley, and WHEREAS, the Springbrook Nature Center SPRING Project includes facility improvements that will provide spaces for education, health and wellness, community gatherings, celebrations, and business meetings; and WHEREAS, the Springbrook Nature Center SPRING Project has been developed with the input of citizen groups, environmentalists, City officials and architects to preserve the Springbrook experience for future generations; and WHEREAS,the State of Minnesota has by legislation granted $5 million from its 2014 Bond Program to the City for use in developing the SPRING concept plan; and WHEREAS, the Metropolitan Council has been designated as the fiscal agent for the aforementioned$5 million grant. NOW THEREFORE, BE IT RESOLVED,that the City of Fridley City Council supports the improvements included in the Springbrook Nature Center SPRING Project and recognizes the positive impact this project will have upon the citizens of the City of Fridley. BE IT FURTHER RESOLVED,that the City Council of the City of Fridley approves the Grant Agreement with the Metropolitan Council and authorizes the Mayor and City Manager to sign the Agreement providing a$5 Million State Bonding Grant to improve the Springbrook Nature Center. 74 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,201�4. SCOTT J. LUND-MAYOR ATTEST: DEBRA A. SKOGEN-CITY CLERK 75 September 30, 2014 Jack Kirk, Rarks and Recreation Director City of Fridley 6431 University Ave. NE Fridley, MN 55432 Re: State bond Grant Agreement SG-2014-066 and State bond declaration for Springbrook Nature Center Dear Mr. Kirk: Enclosed are two original copies of grant agreement SG-2014-066, a $5 million State bond grant to predesign, design, construct, furnish and equip the redevelopment and expansion of the Springbrook Nature Center. Also enclosed is one original copy of a State of Minnesota, General Obligation Bond Financed DECLARATION. For grant agreement SG-2014-066, please: 1. Have the Mayor and City Manager sign and date their names on page 40. 2. Keep one original copy of the agreement and mail the other copy to: Charlene LaMusga Metropolitan Council 390 Robert Street N. St. Paul, MN 55101-1805 For the State of Minnesota, General Obligation Bond Financed DECLARATION, please: 1. On page 1, insert the date that Grant Agreement SG-2014-066 was signed by the Mayor and City Manager. 2. On page 2, have the City Manager sign and date his name as witnessed by a notary public. 3. On page 2, have the notary public insert the date the City Manager signed the declaration and have the notary public sign and stamp his/her name. 4. File/record the declaration at the Anoka County Recorder's office with the land records for Springbrook Nature Center. 5. Obtain 3 copies of the recorded declaration, keep one for the city's records and mail the other two copies to: Arne Stefferud Metropolitan Council 390 Robert Street N. St. Paul, MN 55101-1805 Please contact me if you have any questions regarding this matter. Sincerely, ��/l,r`�2' Arne Stefferud Enctosures � .� • METROPOLITAN C O U N C I L • 76 G1iANT SG-2014-066 General Obligation Bond Proceeds Grant Agreement - Construction Grant for the Sprin�brook Nature Center Improvements Project Generic GO Bond Proceeds Ver—6/30/2014 Grant Agreement for Construction Grants 77 TABLE OF CONTENTS RECITALS Article I-DEFINITIONS Section 1.01 -Defined Terms Article II- GRANT Section 2.01 -Grant of Monies Section 2.02-Public Ownership Section 2.03 -Use of Grant Proceeds Section 2.04-Operation of the Rea1 Property and Facility Section 2.05-Public Entity Representations and Warranties Section 2.06-Ownership by Leasehold or Easement Section 2.07-Event(s)of Default Section 2.08-Remedies Section 2.09-Notification of Event of Default Section 2.10-Survival of Event of Default Section 2.11 -Term of Grant Agreement Section 2.12-Modification and/or Early Ternunation of Grant Section 2.13 -Excess Funds. Article III-USE CONTRACTS Section 3.01 -General Provisions Section 3.02-Initial Term and Renewal Section 3.03 -Reimbursement of Counterparty Section 3.04-Receipt of Monies Under a Use Contract Article IV-SALE Section 4.01 -Sale Section 4.02-Proceeds of a Sale Article V-COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER'S ORDER Section 5.01 -State Bond Financed Property Section 5.02-Preservation of Tax Exempt Status Section 5.03 -Changes to G.O. Compliance Legislation or the Commissioner's Order Article VI-DISBURSEMENT OF GRANT PROCEEDS Section 6.01 -The Advances Section 6.02-Draw Requisitions Section 6.03 -Additional Funds � Section 6.04-Conditions Precedent to Any Advance Section 6.05 -Construction Inspections Generic GO Bond Proc�eds Ver—6/30/2014 Grant Agreement for Construction Cnants I 78 Article VII-MISCELLANEOUS Section 7.01 —Insurance Section 7.02—Condemnation Section 7.03 —Use,Maintenance, Repair and Alterations � Section�.04—Records Keeping and Reporting Section 7.05—Inspections by State Entity Section 7.06—Data Practices Section 7.07—Non-Discrimination Section 7.08—Worker's Compensation Section 7.09—Antitrust Claims Section 7.10—Review of Plans and Cost Estimates Section 7.l 1 —Prevailing Wages Section 7.12—Liability Section 7.13 —Indemnification by the Public Entity Section 7.14—Relationship of the Parties Section 7.15—Notices Section 7.16—Binding Effect and Assignment or Modification Section 7.17—Waiver Section 7.18—Entire Agreement Section 7.19—Choice of Law and Venue Section 7.20—5everability Section 7.21 —Time of Essence Section 7.22—Counterparts Section 7.23 —Matching Funds Section 7.24—Source and Use of Funds Section 7.25—Project Completion Schedule Section 7.26—Third-Party Beneficiary Secrion 7.27—Public Entity Tasks Section 7.28—State Entity and Commissioner Required Acts and Approvals. Section 7.29—Applicability to Real Property and Facility Section 7.30—E-Verification Section 7.31 —Jobs Reporting Requirements Section 7.32—Additional Requirements ' Attachment I—DECLARATION Attachment II—LEGAL DESCRIl'TION OF REAL PROPERTY Attachment III-SOURCE AND USE OF FUNDS Attachment IV—PROJECT COMPLETION SCHEDULE Attachment V—30BS REPORTING Generic GO Bond Pioceeds Ver—6/30/2014 Grant Agreement for Construction Grants I I 79 General Obligation Bond Proceeds Grant Agreement - Construction Grant for the Sprin�brook Nature Center Project THIS AGREEMENT shall be effective as of Mav 21, 2014 , and is between Ci of Fridley, a Home Rule Citv(the Public Entitvl, and the Metr�olitan Council (the"State Entity"). RECITALS A. Under the provisions contained in Minnesota Laws of 2014,Chapter 294,Article 1. Section 17, Subd. 5,the Public Entity has been given the authority to�redesi�n, desig�n, construct furnish and equip the redevelopment and exp,ansion of the Springbrook Nature Center; and B. Under the provisions contained in Minnesota Laws 2414, Chapter 294, Article l, 5ec. 17, Subd. 5, (the "G.O. Bonding Legislation") the State of Minnesota has allocated $ 5,000,000 (the "G.O. Grant"}, which is to be given to the Public Entity as a grant to assist it in the predesi� desi�n construction furnishing and equippin� the redevelopment and expansion of the 5prin�brook Nature Center; and C. Under the provisions contained in Minn. Stat. � 412.491, the Public Entity has been given the authority to ouerate the Sprin�brook Nature Center interpretive building and provide a wide ran��e of environmental education/nature internretation pro�rams; (the "Governmental Program") and D. The monies allocated to fund the grant to the Public Entity are proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution; and E. The Public Entity's receipt and use of the G.O. Crrant to acquire an ownership interest in andlor improve real property (the "Real Property"} and, if applicable, structures situated thereon (the "Facility"} will cause the Public Entity's ownership interest in a11 of such real property and structures to become "state bond financed property", as such term is used in Minn. Stat. § 16A.695 (the "G.O. Compliance Legislation") and in that certain "Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended (the "Commissioner's Order"}, even though such funds may only be a portion of the funds being used to acquire such ownership interest andlor improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or imprave a part of such real praperty and structures. Generic GO Bond Procceds 1 Ver—6/30/2014 Grant Agreement for Construction Crrants 8� F. The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting of such monies and the disbursement thereof to the Public Entity, and the operation of the Real Property and, if applicable, Facility. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement,the following terms shall have the meanings set out respectively a$er each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: "Advance(s)" — means an advance made or to be made by the State Entity to the Public Entity and disbursed in accordance with the provisions contained in Article VI hereof. "Agreement" - means this General Obligation Bond Proceeds Grant Agreement - Construction Grant for the S�gbrook Nature Center Ixnprovements Project, as such exists on its original date and any amendments,modifications or restatements thereof. "Approved Debt"—means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement;provided,however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. "Architect", if any - means Not Applicable , which will administer the Construction Contract Documents on behalf of the Public Entity. "Code" - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. "Commissioner of MMB" - means the commissioner of Minnesota Management and Budget, and any designated representatives thereof. "Commissioner's Order" - means that certain "Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended. Generic GO Bond Proceeds 2 Ver—6/30/2014 Grant Agreement for Consttuction Grants 81 "Completion Date" — means Julv 1, 2017 the date of projected completion of the Project. "Contractor" - means any person engaged to work on or to furnish materials and supplies for the Construction Items including, if applicable, a general contractor. "Construction Contract Documents"-means the document or documents, in form and substance acceptable to the State Entity, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Public Entity and the Contractor or Contractors for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. "Construction Items" — means the work to be performed under the Construction Contract Documents. "Counterparty" -means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and should be i�nored and treated as i�it were left blank. and anv reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. "Declaration" - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity's ownership interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. "Draw Requisition" - means a draw requisition that the Public Entity, or its designee, submits to the State Entity when an Advance is requested, as referred to in Section 6.02. "Event of Default" -means one or more of those events delineated in Section 2.07. "Facility", if applicable, - means Springbrook Nature Center , which is located, or will be coristructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the G.O. Crrant. "Fair Market Value" — means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. Generic GO Bond Proceeds 3 Ver—6/30/2014 Graut Agreement for Conslruction Grants g2 "G.O. Bonding Legislation" — means the legislation delineated in Recital B hereinabove as the G.O. Bonding Legislation. "G.O. Bonds" - means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the G.O. Grant and any bonds issued to refund or replace such bonds. "G.O. Compliance Legislation" - means Minn. Stat. § 16A.695 as such may subsequently be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. "G.O. Grant" - means a grant of monies from the State Entity to the Public EntiTy in the amount identified as the "G.O. Grant" in Recital B to this Agreement, as the amount thereof may be modified under the provisions coritained herein. "Governmental Program" — means the operation of the Real Property and, if applicable, Facility for the purpose specified and identified in Recital C of this Agreement as the Governmental Program. "Initial Acquisition and Betterment Costs" — means the cost to acquire the Public Entity's ownership interest in the Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is not bound by any specific amount of such alleged costs unless he/she has consented, in writing;to such amount. "Inspecting Engineer", if any - means the State Entity's construction inspector, or its designated consulting engineer. "Leased/Easement Premises" - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease or granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be igr�ored and treated as if it were left blank and anv reference to this term in this AQreement shall be i,enored and treated as if the reference did not exist. "LessorJGrantor" — means the fee owner/lessor or grantor of the LeasedlEasement Premises. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blanl� and anv reference to this term in this Agreement shall be i�nored and treated as if the re�'erence did not exist. Generic GO Bond Proceeds 4 Ver—6/30/2014 Grant Agreement for Construction Grants 83 "Outstanding Balance of the G.O. Grant"—means the portion of the G.O. Grant that has been disbursed to or on behalf of the Public Entity minus any portion thereof previously paid back to the Commissioner of MMB. "Ownership Value", if any—means the value, if any, of the Public Entity's ownership interest in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity's execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the State Entity and the Commissioner of MMB. T'he parties hereto agree and acknowledge that such value is $�12.323,000 or Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blank "Not Applicable" is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank "Not Applicable" should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Public Entity's ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Yalue). "Project" - means the Public Entity's acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of activities denoted in Section 2.03. (If the Public Entity is not using any portion of the G.O. Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment III hereto and instead shall be included in the definition for Ownership Value under this Section.) "Public Entity" - means the entity identified as the "Public Entity" in the lead-in paragraph of this Agreement. "Rea1 Property" - means the real property located�in the County of Anoka, State of Minnesota, legally described in Attachment II to this Agreement. "Real Property/Facility Lease" - means a long-term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is a leasehold interest under a lease. For all other circumstances this definition is not needed and shauld be iQnared and treated as i it were left blank and anv reference to this term in this Agreement shall be ignored and treated as f the re�'erence did not exist. "State Entity" - means the entity identified as the "State Entity" in the lead-in paragraph of this Agreement. Generic GO Bond Procceds 5 Ver-6/30/2014 Grant Agreement for Conshuction Grants 84 "Subsequent Betterment Costs"—means the costs of betterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of which has been established by way of written documentation that is acceptable to and approved, in writing,by the State Entity and the Commissioner of M1vIB. "Use Contract" - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Rea1 Property and/or, if applicable,Facility. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property and/or, if applicable, Facility. For all other circumstances this definition is not needed and should be i..Qnnored and treated as if it were left blank and an�eference to this term in this Agreement shall be i�nored and treated as i the re�erence did not exist. "Useful Life of the Rea1 Property and, if applicable, Facilit�' — means the term set forth in Section 2.OS.X, which was derived as follows: (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaiuung useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the consfiruction or betterments for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The State Entity shall make and issue the G.O. Grant to the Public Entity, and disburse the proceeds in accordance with the provisions of this Agreement. The G.O. Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the State Entity or the Commissioner of NiMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the G.O. Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property and, if applicable, Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the State Entity that it has, or will acquire, the following ownership interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, al1 easements necessary for the operation, maintenance and management of the Real Property and, if applicable,Facility in the manner specified in Section 2.04: Generic GO Bond Procceds 6 Ver—6/30/2014 Grant Agreement for Construction Grauts g� (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property. � Fee simple ownership of the Real Property. � A Rea1 PropertylFacility Lease for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: .) � An easement for the Real Property that complies with the requirements contained in Section 2.06. (If the term of the easement.is for a term authorized by a Minnesota statute, rule or session law,then insert the citation: .) Ownership Interest in,if applicable,the Facility. � Fee simple ownership of the Facility. � A Real Property/Facility Lease for the Facility that complies with all of the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: .) � Not applicable because there is no Facility. Section 2.03 Use of Grant Proeeeds. The Public Entity shall use the G.O. Cnant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the G.O. Grant for any other purpose. (Check all appropriate boxes.) � Acquisition of fee simple title to the Real Property. � Acquisition of a leasehold interest in the Real Property. ' � Acquisition of an easement for the Real Property. X� Improvement of the Real Property. Generic GO Bond Proceeds 7 Ver—6/30/2014 Grant Agree�nent for Construction Grants 86 � Acquisition of fee simple title to the Facility. � Acquisition of a leasehold interest in the Facility. �X Construction of the Facility. ❑X Renovation of the Facility. �X Furnish and Equip the Facilitv (Describe other or additional purposes.) Section 2.04 Operation of the Real Property and Facility. The Real Property and, if applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real Property and, if applicable, Facility to be used for the operation of the Governmental Program or for such other use as the Minnesota legislature may from time to time designate, and for no other purposes or uses. The Public Entity may enter into Use Contracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the Commissioner of MMB and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity and the Commissioner of MMB. For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that cleazly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Counterparty to provide an initial program budget and annual progam budgets that clearly show that forecast program revenues along with other funds _ Generic GO Bond Proceeds g Ver—6/30/2014 Grant Agreement for Consu�uction Granu $7 available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii) it will promptly review a11 submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. Section 2.05 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the State Entity as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the G.O. Grant for the purpose or purposes described in Recital B of this Agreement. C. It has legal authority to operate the Governmental Program. D. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. F. It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner's Order, and the G.O. Bonding Legislation. G. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all of the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Crrant is and will be true and correct. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge Generic GO Bond Proceeds 9 Ver—6/30/2014 Grant Agreement for Construction Grants gg threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. I. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. J. The contemplated use of the Real Property and, if applicable, Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. N. It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O. It will fully enforce the terms and conditions contained in any Use Contract. P. It has complied with the matching funds requirement, if any, contained in Section 7.23. Q. It will not, without the prior written consent of the State Entity and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity's ownership interest in the Real Property or, if applicable, Facility, or the Counterparty's interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or Generic GO Bond Procceds 1� Ver—6/30/2014 Grant Agreement for Construction Cttants 89 encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity's ownerslup interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. R. It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property and, if applicable, Facility, and it does not expect to sell such ownership interest. S. It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest,redemption premiums, and other expenses on any Approved Debt. T. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the G.O. Grant to complete and fully pay for the Project. U. The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date, and all such items along with, if applicable, the Facility will be situated entirely on the Real Property. V. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. W. It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the State Entity and to Minnesota Management and Budget (attention: Capital Projects Manager) that contains all of the recording information. X. The Useful Life of the Real Property and, if applicable,Facility is 30 years. Y. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the State Entity or the Commissioner of NIMB. Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is not needed and should be ignored and treated as if it were left blank, and anv Generic GO Bond Proceeds 11 Ver—6/30/2014 Grant Agreement for Construcdon Grants 90 reference to this Section in this Agreement shall be ignored and treated as if the reference did not exist. A. A Real Property/Facility Lease or easement must comply with the following provisions. 1. It must be in form and contents acceptable to the Commissioner of MMB, and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and authorization by the Commissioner of MMB. 2. It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Property and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute,rule or session law. 3. Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into. 4. It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof. 5. It must contain a provision that provides sufficient authority to a11ow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under 5ection 2.04. 6. It must not contain any provisions that would limit or impair the Public Entity's operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 7. It must contain a provision that prohibits the Lessor/Grantor from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Leased/Easement Premises or the Lessor's/Grantor's interest in the Real Property/Facility Lease or easement, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease or easement and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with a1] of the terms, conditions and covenants contained in the Real Property/Facility Lease or easement as if such holder had been an original Lessor/Grantor under the Rea1 Property/Facility Lease or easement. Generic GO Bond Proceeds 12 Ver—6/30/2014 Grant Agreement for Construction Grants 91 8. It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease or easement. 9. It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee under the easement, and that such use restrictions will terminate and not apply to any successor lessee or grantee who purchases the Public Entity's ownership interest in the Rea1 Property/Facility Lease or easement. Provided, however, it may contain a provisions that limits the construction of any new structures on the Real Property or modifications of any existing structures on the Real Property without the written consent of Lessor/Grantor, which will apply to any such successor lessee or grantee. 10. It must allow for a transfer thereof in the event that the lessee under the Real Property/Lease or grantee under the easement makes the necessary determination to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. 11. It must contain a provision that prohibits and prevents the sale of the underlying fee interest in the Real Property and, if applicable, Facility without first obtaining the written consent of the Commissioner of MMB. 12. The Public Entity must be the lessee under the Real Property/Lease or grantee under the easement. B. The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease or easement that are not inconsistent with or contrary to the requirements contained in this Section. C. The expiration of the term of a Real Property/Facility Lease or easement shall not be an event that requires the Public Entity to reimburse the State Entity for any portion of the G.O. Grant, and upon such expiration the Public Entity's ownership interest in the Real Property and, if applicable,Facility shall no longer be subject to this Agreement. D. The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or easement or a short form or memorandum thereof. Section 2.07 Event(s) of Default. The following events sha11, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the State Entity or the Commissioner of MMB giving the Public Entity 30 Generic GO Bond Proceeds 13 Ver—6/30/2014 Grant Agreement for Conshvction Grants 92 days written notice of such event and the Public Entity's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the State Entity and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any Draw Requisition, in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to disburse any of the G.O. Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, term, condition, covenant or warranty contained in the G.O. Compliance Legislation, the Commissioner's Order, or the G.O. Bonding Legislation. D. If the Public Entity fails to complete the Project, or cause the Project to be completed,by the Completion Date. E. If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 7.23 for the Project. F. If the Public Entity fails to record the Declaration and deliver copies thereof as set forth in Section 2.OS.W. Notwithstanding the foregoing, any of the above delineated events that ca.nnot be cured shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner of MMB may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the G.O. Grant; provided, however, the State Entity may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other than the provisions of Sections 4.01 or 4.02, then the Commissioner Generic GO Bond Procceds 14 Ver—6/30/2014 Cmant Agreement for Construcrion Grants 93 of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the G.O. Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions of Sections 4A1 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D. Either the State Entity or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Ageement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the State Entity andJor the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off- set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Noti�cation of Event of Default. The Public Entity shall furnish to the 5tate Entity and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. 5ection 2.11 Term af Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the operation of the Governmental Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall Generic GO Bond Proceeds 1 S Ver—6/30/2014 Grant Agreement for Construction Grants 94 terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.12 Modification andlor Early Termination of Grant. If the Project is not started on or before the date that is 5 years from the effective date of this Agreement or all of the G.O. Grant has not been disbursed as of the date that is 4 years from the date on which the Project is started, or such later dates to which the Public Entity and the State Entity may agree in writing, then the State Entity's obligation to fund the G.O. Crrant shall terminate. In such event, (i) if none of the G.O. Grant has been disbursed by such dates then the State Entity's obligation to fund any portion of the G.O. Crrant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the G.O. Grant has been disbursed by such dates then the State Entity shall have no further obligation to provide any additional funding for the G.O. Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the G.O. Grant that was actually disbursed as of such date. This provision shall not, in any way, affect the Public Entity's obligation to complete the Project by the Completion Date. This Agreement shall also terminate and no longer be of any force or effect upon the Public Entity's sale of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner.of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity's ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a Real Property/Facility Lease. Upon such termination the State Entity shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity's ownership interest in the Real Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. Section 2.13 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to in 5ection 7.23 are not needed to complete the Project, then, unless language in the G.O. Bonding Legislation indicates otherwise, the G.O. Crrant shall be reduced by the amount not needed. Generic GO Bond Proceeds 16 Ver—6/30/2014 Crrant Agreement for Construction Grauts 95 Article III USE CONTRACTS This Article III and its contents is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate any portion of the Real Property, and if applicable, Facility. For all other circumstances this Article III and its contents are not needed and should be�ored and treated as if it were left blank, and anv reference to this Article III its contents and the term Use Contract in this Agreement shall be i�rcored and treated as i the references did not exist. Section 3.01 General Provisions. If the Public Entity has statutory authority to enter into a Use Contract, then it may enter into Use Contracts for various portions of the Real Property and, if applicable, Facility; provided that each and every Use Contract that the Public Entity enters into must comply with the following requirements: A. The purpose for which it was entered into must be to operate the Governmental Program in the Real Property and, if applicable,Facility. B. It must contain a provision setting forth the statutory authority under which the Public Entity is entering into such contract, and must comply with the substantive and procedural provisions of such statute. C. It must contain a provision stating that it is being entered into in order for the Counterparty to operate the Governmental Program and must describe such program. D. It must contain a provision that will provide for oversight by the Public Entity. Such oversight may be accomplished by way of a provision that will require the Counterparty to provide to the Public Entity: (i) an initial program evaluation report for the first fiscal year that the Counterparty will operate the Governmental Program, (ii) program budgets for each succeeding fiscal year showing that forecast program revenues and additional revenues available for the operation of the Governmental Program (from all sources) by the Counterparty will equal or exceed expenses for such operation for each succeeding fiscal year, and (iii) a mechanism under which the Public Entity will annually determine that the Counterparty is using the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract to operate the Governmental Program. - E. It must allow for termination by the Public Entity in the event of a default thereunder by the Counterparty, or in the event that the Govemmental Program is terminated or changed in a manner that precludes the operation of such program in the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract. F. It must terminate upon the termination of the statutory authority under which the Public Entity is operating the Governmental Program. Generic GO Bond Proceeds 17 Ver—6/30/2014 Grant Agreement for Construction Grants 96 G. It must require the Counterparty to pay all costs of operation and maintenance of that portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay such costs. H. If the Public Entity pays monies to a Counterparty under a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such Use Contract does not result in"private business use"under Section 141(b) of the Code. I. It must be approved, in writing, by the Commissioner of MMB, and any Use Contract that is not approved, in writing, by the Commissioner of MMB shall be null and void and of no force or effect. J. It must contain a provision requiring that each and every party thereto shall, upon direction by the Commissioner of MMB, take such actions and furnish such documents to the Commissioner of MMB as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. K. It must contain a provision that prohibits the Counterparty from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Real Property or, if applicable, Facility, the Public Entity's ownership interest in the Real Property or, if applicable, Facility, or the Counterparty's interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent, in writing, to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract in the manner specified in Section 2.04 and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity's ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. L. If the amount of the G.O. Grant exceeds $200,000.00, then it must contain a provision requiring the Counterparty to list any vacant or new positions it may have with state workforce centers as required by Minn. Stat. § 116L.66, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. M. It must contain a provision that clearly states that the Public Entity is not required to renew the Use Contract beyond the original term thereof and that the Public Entity may, at its sole option and discretion, allow the Use Contract to expire at the end of its original term and thereafter directly operate the governmental program in the Real Generic GO Bond Proceeds 1 g Ver—6/30/2014 Grant Agreement for Conshvction Grants 97 Property and, if applicable, Facility or contract with some other entity to operate the governmental program in the Real Property and,if applicable,Facility. Section 3.02 Initial Term and Renewal. The initial term for a Use Contract may not exceed the lesser of(i) 50% of the Useful Life of the Real Property and, if applicable, Facility for the portion of the Real Property and, if applicable,Facility that is the subject of the Use Contract, or (ii) the shortest term of the Public Entity's ownership interest in the Real Property and, if applicable, Facility. A Use Contract may allow for renewals beyond its initial term on the conditions that(a}the term of any renewal may not exceed the initial term, (b) the Public Entity must make a determination that renewal will continue to carry out the Governmental Program and that the Counterparty is suited and able to perform the functions contained in Use Contract that is to be renewed, (c) the Use Contract may not include any provisions that would require, either directly or indirectly, the Public Entity to either make the determination referred to in this Section or to renew the Use Contract with the Counterparty after the expiration of the initial term or any renewal term, and (d) no such renewal may occur prior to the date that is 6 months prior to the date on which the Use Contract is scheduled to terminate. Provided, however, notwithstanding anything to the contrary contained herein the Public Entity's voluntary agreement to reimburse the Counterparty for any investment that the Counterpariy provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does,not renew a Use Contract if requested by the Counterparty is not deemed to be a provision that directly or indirectly requires the Public Entity to renew such Use Contract. Section 3.03 Reimbursement of Counterparty. A Use Contraet may but need not contain, at the sole option and discretion of the Public Entity, a provision that requires the Public Entity to reimburse the Caunterparty for any investment that the Counterparty provided for the acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty. If agreed to by the Public Entity, such reimbursement shall be on terms and conditions agreed to by the Public Entity and the Counterparty. Section 3.04 Receipt of Monies Under a Use Contract. The Public Entity does not anticipate the receipt of any funds under a Use Contract, provided, however, if the Public Entity does receive any monies under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of a Use Contract, and to pay the principal, interest, redemption premiums, and other expenses on Approved Debt, then a portion of such excess monies must be paid by the Public Entity to the Cammissioner of MMB. The portion of such excess monies that the Public Entity must and shall pay to the Commissioner of MMB shall be determined by the Commissioner of MMB, and absent circumstances which would indicate otherwise such portion shall be determined by multiplying such excess monies by a fraction the numerator of which is the G.O. Grant and the denominator of which is sum of the G.O. Grant and the Approved Debt. Generic GO Bond Procceds 19 Ver-6/30/2014 Crtant Agreement for Construction Grents 98 Article IV SALE Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully. A. The Public Entity determines, by official action, that such ownership interest is no longer usable or needed for the operation of the Governmental Program, which such determination may be based on a determination that the portion of the Real Property or, if applicable, Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. The written consent of the Comrnissioner of MMB has been obtained. The acquisition of the Public Entity's ownership interest in the Real Properiy and, if applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity's ownership interest in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender's ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. The Public Entity may participate in any public auction of its ownership interest in the Rea1 Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser it will not use any part of the Real Property or,if applicable,FaciliTy for the Governmental Program. Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity's ownership interest in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing,by the Commissioner of MMB,but not including the repayment of any debt associated with the Public Entity's ownership interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the G.O. Grant, and if the amount of such net proceeds shall Generic GO Bond Proceeds 20 Ver—6/30/2014 Grant Agreement for Construction Grants 99 be less than the amount of the Outstanding Balance of the G.O. Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B. The remaining portion, after the distribution specified in Secrion 4.02A, shall be distributed to (i)pay in full any outstanding Approved Debt, (ii)reimburse the Public Entity for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the State Entity under Section 4.02.A and the holders of Approved Debt paid under this Section � 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing and if such entities cannot agree by an appropriately issued court order. C. The remaining portion, after the distributions specified in Sections 4.02.A and B, shall be divided and distributed to the State Entity, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the State Entity, the Public Entity, and such other public and private entities made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the State Entity shall be made to the Commissioner of MMB, and the Public Entity may direct its distribution to be made to any other entity including, but not limited to, a Counterparty. All amounts to be disbursed under this Section 4.02 must be consented to, in writing,by the Commissioner of MMB, and no such disbursements shall be made without such consent. The Public Entity shall not be required to pay or reimburse the State Entity or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the G.O. Grant. Generic GO Bond Proceeds 21 Ver—6/3012014 Grant Agreement for Construction Grants 100 Article V COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER'S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity's ownership interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, "state bond financed property", as such term is used in the G.O. Compliance Legislation and the Commissioner's Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity.'s ownership interest in the Real Property and, if applicable, Facility and any Use Contracts relating thereto. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Rea1 Property or, if applicable, Facility, or use or invest the G.O. Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code. B. It will deposit into and hold all of the G.O. Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB a11 information required to satisfy the informational requirements set forth in the Code including,but not limited to, Sections 103 and 148 thereof, with respect to the G.O. Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a "qualified bond" within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, 1997-1 CB 632, or(iii) changing the nature of the use of the Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an "unrelated trade or business" or for any "private business use" (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the G.O. Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take Generic GO Bond Proceeds 22 Ver—6l3Q/2014 Grant Agreement for Conshuction Grants 101 any action necessary to maintain such tax exempt status, and if it should take, permit, omit , to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. 5ection 5.03 Changes to G.O. Compliance Legislation or the Commissioner's Order. In the event that the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity's ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the State Entity shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity's ownership interest in the Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner's Order. . Article VI DISBURSEMENT OF GRANT PROCEEDS Section 6.01 The Advances. The State Entity agrees, on the terms and subject to the conditions set forth herein,to make Advances from the G.O. Grant to the Public Entity from time to time in an aggregate total amount not to exceed the amount of the G.O. Grant. If the amount of G.O. Grant that the State Entity cumulatively disbwses hereunder to the Public Entity is less than the amount of the G.O. Grant delineated in Section 1.01, then the State Entity and the Public Entity shall enter into and execute whatever documents the State Entity may request in order to amend or modify this Agreement to reduce the amount of the G.O. Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, the State Entity's obligation to make Advances shall ternunate as of the dates specified in such Section even if the entire G.O. Grant has not been disbursed by such dates. Advances shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the G.O. Bonding Legislation, or (iii) have otherwise been consented to, in writing, by the State Entity and the Commissioner of MMB. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 7.23. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that , has been completed and the percentage of the matching funds required,if any,under Section 7.23 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: Formula#1 Cumulative Advances < (G.O. Grant) x (percentage of matching funds, if any, required under Section 7.23 that have been disbursed) Generic GO Bond Proceeds 23 Ver—6/30/2014 Grant Ageement for Construction Grants 102 Formula#2 Cumulative Advances<(G.O. Grant) x (percentage of Project completed) Section 6.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the G.O. Grant, which shall be no more often than once each calendar month, the Public Entity shall submit to the State Entity a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition shall be submitted on or between the 1 St day and the 15�` day of the month in which an Advance is requested, and shall be submitted at least 7 calendar days before the date the Advance is desired. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and the State Entity, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to the State Entity, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real Property will be made by the State Entity unless the Public Entity shall advise the State Entity, in writing, of its intention to so store materials prior to their delivery and the State Entity has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to the State Entity such supporting evidence as may be requested by the State Entity to substantiate all payments which aze to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. At the time of submission of the final Draw Requisition which shall not be submitted before completion of the Project, including all landscape requirements and off-site utilities and streets needed for access to the Real Property and, if applicable, Facility and correction of material defects in workmanship or materials (other than the completion of punch list items) as provided in the Construction Contract Documents, the Public Entity shall submit to the State Entity: (i) such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities, and that all requisite certificates of occupancy and other approvals have been issued. If on the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and the State Entity approves the relevant Draw Requisition and receives a current construction report from the Inspecting Engineer recommending payment, then the State Entity shall disburse the amount of the requested Advance to the Public Entity. Section 6.03 Additional Funds. If the State Entity shall at any time in good faith determine that the sum of the undisbursed amount of the G.O. Grant plus the amount of all other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then the State Generic GO Bond Proceeds 24 Ver—6(30/2014 Grant Agreement for Consmiction Grants 103 Entity may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in the State Entity's notice. Section 6.04 Conditions Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance sha11 not exceed the amount of the G.O. Grant delineated in Section 1.01. B. The State Entity shall have either received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon, or evidence that such Declaration will promptly be recorded and delivered to the State Entity. C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith. E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23. F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, Facility, and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other Generic GO Bond Proceeds ZS Ver—6/30/2014 Grant Agreement for Conshuction Grauts 104 than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I. The 5tate Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project will be completed in a manner that will allow the Real Property and, if applicable,Facility to be operated in the manner specified in Section 2.04. K. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L. The State Entity shall have received evidence, in form and substance acceptable to the State Entity,that the insurance requirements under Section 7.01 have been satisfied. M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 7.10 and a11 additional applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 7.10.B has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii)the program plan and cost estimates referred to in Section 7.10.0 have, if required, received a recommendation by the Chairs of the. Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii)the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investrnent Committee have, if required, been notified pursuant to Section 7.10.G. N. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. O. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Contractor will complete the Construction Items substantially in conformance with the Construction Contract Documents and pay a11 amounts lawfully owing to all laborers and materialmen who worked on the Construction Items or supplied Generic GO Bond Proceeds 26 Ver—6/30l2014 Grant Agreement for Conshuction Grants 105 materials therefor, other than amounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Contract Documents that name the State Entity and the Public Entity dual obligees thereunder, or such othez evidence as may be acceptable to the Public Entity and the State Entity. P. No determination shall have been made by the State Entity that the amount of funds committed to the Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connecrion with the Project, or if such a determination has been made and notice thereof sent to the Public Entity under Section 6.03,then the Public Entity has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to the State Entity that sufficient funds are available. Q. The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require. Section 6.05 Construction Inspections. The Public Entity and the Architect, if any, shall be responsible for making their own inspections and observations of the Construction Items, and shall determine to their own satisfaction that the work done or materials supplied by the Contractors to whom payment is to be made out of each Advance has been properly done or supplied in accordance with the Construction Contract Documents. If any work done or materials supplied by a Contractor are not satisfactory to the Public Entity or the Architect, if any, or if a Contractor is not in material compliance with the Construction Contract Documents in any respect, then the Public Entity shall immediately notify the State Entity, in writing. The State Entity and the Tnspecting Engineer, if any, may conduct such inspections of the Construction Items as either may deem necessary for the protection of the State Entity's interest, and that any inspections which may be made of the Project by the State Entity or the Inspecting Engineer, if any, are made and all certificates issued by the Inspecting Engineer, if any, will be issued solely for the benefit and protection of the State Entity, and the Public Entity will not rely thereon. Article VII MISCELLANEOUS Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof(i)by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Public Enrity, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the State Entity under which the State Entity and the Public Entity are named as loss payees. If damages which are covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in Generic GO Bond Proceeds 27 Ver—6/30/2014 Grant Agreement for Construction Grants 106 the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity's ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity's ownership interest in the Real Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the Rea1 Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. The State Entity agrees to and will assign or pay over to the Public Entity a11 insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity named as an additional named insured therein. The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible for the providing of such insurance in the event that the Counterparty fails to provide or maintain such insurance. At the written request of either the State Entity or the Commissioner of MMB, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the insurance required under this Section, then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an equivalent nature and any funds expended by the State Entity to obtain or maintain such insurance shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365-day year. Provided, however, nothing contained herein, including but not limited to this Section, sha11 require the State Entity to obtain or maintain such insurance, and the State Entity's decision to not obtain or maintain such insurance sha11 not lessen the Public Entity's duty to obtain and maintain such insurance. Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can no longer comply with the Generic GO Bond Proceeds 2g Ver—6l30J2014 Grant Agreement for Construction Grants 107 provisions contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility sha11 be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity's ownership interest in the Rea1 Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity's ownership interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entiry sha11 (i) keep the Rea1 Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and ' promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (iii) comply with a11 laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity's ownership interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with the provisions of any easement if its ownership interest in the Real Property and, if applicable, Facility is by way of such easement, and (vii) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement or use contract. The Public Entity shall not, without the written consent of the 5tate Entity and the Commissioner of MMB, (a)permit or suffer the use of any of the Real Property or, if applicable, Generic GO Bond Proceeds 29 Ver—6(30/2014 Grant Agreement for Construction Grants 108 Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the Governmental Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or, if applicable, Facility, (� remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the G.O. Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this 5ection, then the State Entity may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the 5tate Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the State Entity hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the State Entity to take any action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18%per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner's Order, and the G.O. Bonding Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained(i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the operation of the Real Property and, if applicable, Facility for a period of 6 years from the date such operation is initiated. Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity and without interfering with the normal use of the Real Property and, if applicable, Facility, the Generic GO Bond Procceds 3� Ver-6/30(2014 Grant Agreement for Construction Grants 109 Public Entity shall allow and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, Facility to allow the State Entity to inspect the Rea1 Property and, if applicabTe, Facility. Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the G.O. Grant, the Project, or the operation of the Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it sha11,with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker's Compensation. The Public Entity agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181, subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner of MMB all claims it may have for overcharges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 Review of Plans and Cost Estimates. The Public Entity agrees to comply with all applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Public Entity agrees to comply with the following provisions and requirements if such provisions and requirements are applicable. A. The Public Entity shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. B. Prior to its proceeding with design activities for the Project the Public Entity shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate that the Project has been analyzed according to appropriate space and needs Generic GO Bond Proceeds 31 Ver—6/30l2014 Crrant Agreement for Consriuction Grants 110 standards. Any substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C. If the Project includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then the Public Entity shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota State Senate Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted or which differ from any previous predesign submittal. D. The Public Entity must notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees of any significant changes to the program plan and cost estimates referred to in Section 7.10.C. E. The program plan and cost estimates referred to in Section 7.10.0 must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or replaced from time to time, and a11 rules adopted thereunder. F. If any of the G.O. Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 7.10.B and the program plan and cost estimates referred to in Section 7.10.0 must include provisions for cost-effective information technology investments that will enable the occupant of the Faciliry to reduce its need for office space, provide more of its services electronically, and decentralize its operations. G. If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then prior to beginning work on the Project the Public Entity shall just notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investrnent Committees, and'the Minnesota House of Representatives Capital Investrnent and Ways and Means Committees that the work to be performed is ready to begin. H. The Project must be: (i) substantially completed in accordance with the program plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the time schedule contained in the program plan referred to in Section 7.10.C, and (iii) completed within the budgets contained in the cost estimates referred to in Section 7.10.C. Generic GO Bond Proceeds 32 Ver—6/30/2014 Grant Agreement for Construction Grants 111 Provided, however, the provisions and requirements contained in tlus Section only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, pazk and ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be amended, modified or replaced from time to time, iee centers, local government projects with a construction cost of less than $1,500,000.00, or any other capital project with a construcrion cost of less than$750,000.00. Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the Governmental Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the Governmental Program on or in the Real Property and, if applicable,Facility. Section 7.12 Liability. The Public Entity and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the State Entity and the Commissioner of MMB is 'I governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Public Entity is a "municipality" as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, including but not limited to the indemnification provided under Section 7.13, is ' governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all ' loss, expense (including attomeys' fees), and damage in connection with the Project and operation of the Rea1 Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of MMB, and the Sta.te of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages �o property of the State Entity, the Commissioner of MMB, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and,if applicable, Facility, whether or not due to any act of omission or commission, including negligence of the Public Generic GO Bond Proceeds 33 Ver—6/30/2014 Grant Agreement for Conshuction Grants 112 ` Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Public Entity further agrees to indemnify, save, and hold the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Public Entity's liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of the State Entity, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable, Facility. The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Rea1 Property and, if applicable, Facility shall not have any contractual relationship with the State Entity, the Commissioner of MMB, or the State of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the State Entity, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the State Entity, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 7.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address Generic GO Bond Proceeds 34 Ver—6/30/2014 Graut Agreement for Construction Grants 113 specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity at: Citv of Fridlev Director of Parks and Recreation 6431 Universitv Ave. NE Fn•dlev,MN 55432 Attention: Jack Kirk To the State Entity at: Metropolitan Council 390 North Robert Street St. Paul, MN 55101 Attention: Victoria Dupre, Park Grants Administrator To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul,MN 55155 Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder sha11 operate as a waiver thereof, nor sha11 any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Generic GO Bond Procceds 3 5 Ver-6/30/2014 Grant Agreement for Construction Crrants 114 Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or written, between the Public Entity and the State Enrity on the subject matter hereof. Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted,performed, and enforced as if the invalid provision did not appear herein. Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.23 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the Project: (If there are no matching funds requirements then insert the word"NONE".) NONE Any matching funds which are intended to meet the above requirements must either be in the form of(i) cash monies, (ii) legally binding commitments for money, or(iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Entity sha11 supply to the Commissioner of MMB whatever documentation the Commissioner of MMB may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner of MMB. Section 7.24 Source and Use of Funds. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. Generic GO Bond Proceeds 36 Ver—6/30/2014 Grant Agreement for Conshuction Grants 115 A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. T'he source of all funds needed to complete the Project broken down among the following categories: (i) State funds including the G.O. Crrant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Public Entity, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses that are to be reimbursed and paid from proceeds of the G.O. Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing,by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the 5tate Entity and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the State Entity or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. The value of the Public Entity's ownership interest in the Real Properry and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and nvt included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the G.O. Bonding Legislation, be provided by either the Public Entity or a Counterparty under a Use Contract. Section 7.25 Project Completion Schedule. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment IV correctly and accurately delineates the projected schedule for the completion of the Project. Generic GO Bond Proceeds 37 Ver—6/30/2014 Grant Agreement for Construction Grants 116 Section 7.26 Third-Party Bene�ciary. The Governmental Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the 5tate Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 7.27 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 7.28 State Entity and Commissioner Required Acts and Approvals. The State Entity and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 7.29 Applicability to Real Property and Facility. This Agreement applies to the Public Entity's ownership interest in the Real Property and if a Facility exists to the Facility. The term "if applicable" appearing in conjunction with the term "Facility" is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity's ownership interest in the Real Property. Section 7.30 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 7.31 Jobs Reporting Requirements. Pursuant to Minn. Stat. § 16A.633, Subd. 4, the Public Entity shall collect,maintain and, upon completion of the Project,provide the information indicated in Attachment V of this Agreement, to the Commissioner of MMB. The information must include, but is not limited to, the following: the number and types of jobs created by the Project, whether the jobs are new or retained, where the jobs are located and the pay ranges of the jobs. Section 7.32 Additional Requirements. The Public Entity and the State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. American-Made Steel. Minnesota Laws 2014, Chapter 294, Article 2, Section 22, requires public entities receiving an appropriation of public money for a project in that act to ensure those facilities are built with American-made steel, to the extent practicable. The Public Entity sha11 Generic GO Bond Proceeds 3 g Ver—6/30/2014 Grant Agreement for Construction Grants 117 comply with this requirement, and shall furnish any documentation pursuant thereto reasonably requested by the State Entity. (If there are no additional requirements then insert the word"NONE".)NONE [THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] Generic GO Bond Proceeds 3 9 Ver—6/30/2014 Graut Agreement for Construction Grants 118 IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this General Obligation Bond Proceeds Grant Agreement Construction Grant for the �rin b�rook Nature Center Improvements Project on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: City of Fridley, a Home Rule City By: Scott J. Lund Its: Mayor Dated: , And:. Walter T.Wysopal Its: City Manager Dated: , STATE ENTITY: Metropolitan Council By: Guy Peterson Its: Community Development Division Director Dated: , Generic GO Bond Proceeds 4� Ver—6/30/2014 Grant Agreement for Construcrion Grants 119 Attachment I to Grant Agreement State of Minnesota General Obligation Bond Financed DECLARATION The undersigned has the following interest in the real property located in the County of Anoka, 5tate of Minnesota that is legally described in Elthibit A attached and all facilities situated thereon(collectively,the"Restricted Property"): (Check the appropriate box.) X❑ a fee simple title, � a lease, or � an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Sta,t. § 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that certain Sprin�brook Nature Center Improvements A�reement, Grant Number SG-2014-066 between Cit,y of Fridlev and Metropolitan Council, dated , The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the Regional Administrator of the Metro�olitan Council and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. (-The remainder of this page is left intentionally blank- 41 120 Citv of Fridlev, a political subdivision of the State of Minnesota By: Walter T,Wysopal Its: City Manager Date: STATE OF MINNESOTA ) )ss COi1NTY OF Anoka ) On the day of ,201_,before me a notary public within and for the County of Anoka,personally appeared Walter T.Wysopal,the Citv Mana�er of the Citv of Fridlev,a political subdivision of the State of Minnesota,on its behalf. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Peter A.Hanf Associate General Counsel License No.0268124 Metropolitan Council 390 Robert Street Nortb St.Paul,MN 55101 42 121 , Ea�hibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY Property ID 03-30-24-11-0001 Property Description THAT PART OF NORTHEAST '/ OF SECTION 3 TOWNSHIl' 30 RANGE 24 AND THAT PART OF LOT 6 REVISED AUDTTORS SUBDIVISION NUMBER 103 LYING NORTHEASTERLY OF A LIl�TE PARALLEL WITH AND 60 FEET EASTERLY OF EASTERLY RIGHT OF WAY L1NE OF BURLINGTON NORTHERN RAILROAD RIGHT OF WAY,EXCEPT SOUTHEAST '/ OF SAID NORTHEAST '/,ALSO EXCEPT THAT PART OF SOUTHWEST '/ OF SAID NORTHEAST % LY1NG EASTERLY OF SAID RIGHT OF WAY LINE, EXCEPT ROAD, SUBJECT TO EASEMENT OF RECORD 43 122 Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY Property ID 03-30-24-11-0001 Property Description THAT PART OF NORTHEAST '/ OF SECTION 3 TOWNSHIP 30 RANGE 24 AND THAT PART OF LOT 6 REVISED AUDITORS SUBDNISION NUMBER 103 LYING NORTHEASTERLY OF A L1NE PARALLEL WITH AND 60 FEET EASTERLY OF EASTERLY RIGHT OF WAY LINE OF BURLINGTON NORTHERN RAILROAD RIGHT OF WAY, EXCEPT SOUTHEAST '/ OF SAID NORTHEAST %, ALSO EXCEPT THAT PART OF SOUTHWEST % OF SAID NORTHEAST '/ LYING EASTERLY OF SAID RIGHT OF WAY LINE, EXCEPT ROAD, SUBJECT TO EASEMENT OF RECORD 44 123 Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identi Source of Funds Amount �_ Identify Items _ ; Amount ___ __ _ _ ._..—.. � ; State G.O. Funds Y ~ ? Ownership Acquisition �V^W�� G.O. Grant $ 5,000,0000. and Other Items Paid for � _. �..._..__�_ �. with G.O. Grant Fund.._s .�.__+ __--. .�....._.__...._�.....��..._.. �.�...—.__.._._ �_...._....____ . Other State Funds �_��_ , _�� _ Purchase of Ownershi�� $_ N/A �� $ Interest ; i $ Other Items of a Capital _.._� Nature �....._...�__��__._._._..._ $ ..�.__.�... ..__-___...______....... �._ _...._._.��.�.��.._.._____.._....._.__�.__�.��__._ Subtotal $ p Project � Mgmt/Design/Engineering ' $ 949,500 Existing Bldg Renovation &Improvements $ 1,024,000 _.._____._._..��..__._-.---_�....��.__.__.__.____. _______�. _..._,___.. _..._._._�.—._.�_�._.....�.._..........._�__.....�__.�_ �� Matching Funds New Bldg Addition, ; Furnishings and Equip; ; $ 3,026,500 Parking I�iproveinents __+ _��J�.�Y. ��—� $ ��J��! Subtotal� �$ 5,000,000 $ y Subtotal $ ^� Items Paid for with ^� __..__.._.�..�.._.._.____._.....____..._.u...____.... .._..�_.—_..._...._.._.----.�. ��___.._..______.________...__.___�___��_ Non- G.O. Grant Funds___� Other Public Enti Funds '� y�� 4 $ � $ ; $ _�_ � .____ $ - -- .______ �� $ o Subtotal $ 0 Subtotal �u�^�� , $ �_ ______ _ �__ _.� E Loans � ____�_. _._.... �_.....�...__.__ $ ____..__ ...__.._.�....__.....__.._�._.�. . . Subtotal $ � ' Other Funds ._ __.. __��-- � __.._.__�_ ._._._��..__._...__.___�_.__._____�.-- ��. $ ____._._....__._ .�—.-- Subtotal $ 4 s _Pr�aid Project Ex�enses � � . .`. .___._____.. _....�_____..__�....__._�_..�..__..,.�. ___�.;.� .._�_. . $ � Subtotal �._� $ � �__�_.__�_.__.___..._.._�___.V E � TOTAL FUNDS �� $ 5.000,0000 TOTAL PROJECT � $ 5.000,0000 COSTS � � _ � _ _ 45 124 Attachment IV to Grant Agreement PROJECT COMPLETION SCHEDULE Project Description . Predesign, design, construct, furnish and equip the redevelopment and expansion of the Springbrook Nature Center. Activities and Schedule to Complete Project - Activity (Please list activities in chronological Projected order) Completion Date Completion of Pre-Design Work and Legislative Oct 2014 Committee Notification Contract with Project Management Firm Nov 2014 Contract with Architect/Engineer Firm to Design Nov 2014 Inter retive Bld . Finalize Design Plans for Facility Mar 2015 Finalize Construction Documents Apr 2015 Receive Bids and Award Construction Contract May 2015 Start Construction of Interpretive Building July 2015 Select and Purchase Furnishings and June 2017 E ui ment Complete Construction of Interpretive Building July 2017 46 125 Attachment V to Grant Agreement JOBS REPORTING (a) Pursuant to Minn. Stat. Sec. 16A.633, subd. 4, State Entity is required to report the number of jobs created or retained by the Project. To enable the State Entity to comply with Minn. Stat. Sec. 16A.633, subd. 4, the Public Entity is required to report the number of jobs created or retained by the Project to the State Entity as set forth below. (b) The Public Entity shall require all of its contractors to report the information below to the Public Entity. The Public Entity shall then report to the State Entity. Information can be recorded by State Entity in an Excel document that can be downloaded into the report by Minnesota Management and Budget. Each report must contain the following: (1) The name of the Project. (2) The State Entity's contract number, if applicable. (3) Reporting period. The appropriate biennium is to be selected. (4) The Agency Number. This will complete the next column with Agency Name. (5) Legal Citation for the Authorization. (6) Department ID responsible for the Project. (7) The Appropriation for the Project. (8) The Appropriation Amount. (9) Project Start Date. (10) Project Completion Date. (11) The County where the Project is located or, if it is located in more than one county, where it is primarily located. (12) Funding Source for Project. The selection will be Trunk Highway Bonds, General Obligation Bonds or General Fund. (13) Job Type. Jobs should be classified as either(i) engineering/professional, (ii) construction, or (iii) other. Manager and supervisor jobs shall be classified as category(i), (ii) or(iii) based on the nature of the work those individuals spent the majoriTy of their time overseeing. (14) Hourly Wages. Jobs should be classified according to the howly pay ranges below. Overhead or indirect costs or the value of pensions or other benefits should not be included in wages. (i) less than$10.00, (ii) $10.01 to $15.00, (iii) $15.01 to $20.00, (iv) $20.01 to $25.00, (v) $25.01 to $30.00, (vi) $30.01 to $35.00, (vii) $35.01 to $40.00, or (viii) more than$40.00. (15) Jobs. 47 126 a. Jobs should be classified as either(i)jobs created or(ii)jobs retained;they will not be counted as both. A "job created" is a new position created and filled, or an existing unfilled position that is filled, because of the Project. A "job retained" means a job at a specific wage level that existed prior to beginning the Project that would have been lost but for the Project. Only jobs in Minnesota should be counted. b. Jobs should be expressed in "full-time equivalents" (FTE). In calculating an FTE, the number of hours worked during the Reporting Period should be divided by 2,080 (the number of hours representing a full work schedule in a Reporting Period). Jobs should be reported regardless of when the Project or an individual's employment began or ended. Jobs are to be calculated based on hours worked in the current Reporting Period only, so that reporting is not cumulative. c. Jobs should not be separated into full-time, part-time, temporary, seasonal, etc. Instead, all hours should be totaled and converted into FTEs as indicated above. (c) Each contractor will report its workforce and the workforce of its subcontractors active during the Reporting Period. This includes employees actively engaged in the Project who work on the jobsite, in the Project office, in the home office or telecommute from home or other alternative office location. This includes, but is not limited to, any engineering personnel, inspectors, sampling and testing technicians, and lab technicians performing work directly in support of the Project. This does not include material suppliers such as steel, culverts, guardrail and tool suppliers. Only hours that relate to time spent on the Project should be reported. (d) The Public Entity must incorporate these reporting requirements into its contracts with its contractors (in part so that contractors can add the requirements to their contracts with subcontractors and impose deadlines on reporting by subcontractors). (e) To distinguish the jobs reported by contractors that were funded by the Grant, the Public Entity must multiply the job numbers reported by each contractor in each category above by the percentage of total Project costs funded by the Grant (e.g., if the Grant was 40% of total Project costs, the Public Entity should multiply the jobs numbers given in each category by 40% to arrive at the number of jobs funded by the Grant) and it is those numbers that should be reported to the State Entity. 48 127 State of Minnesota General Obligation Bond Financed DECLARATION The undersigned has the following interest in the real property located in the County of Anoka, State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon(collectively,the "Restricted Property"): (Check the appropriate box.) X� a fee simple title, � a lease,or � an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. § 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot�be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to a11 of the terms, conditions, provisions, and limitations contained in that certain �ringbrook Nature Center Improvements A�reement, Grant Number SG-2014-066 between City of Fridlev and Metropolitan Council, dated , The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for 125°l0 of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable, 1 128 form signed by both the Regional Administrator of the Metropolitan Council and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. Citv of Fridlev, a political subdivision of the State of Minnesota By: Walter T,Wysopal Its: City Manager Date: STATE OF MINNESOTA ) )ss COIJNTY OF Anoka ) � On the day of ,201_,before me a notary public within and for the County of Anoka,personally appeared Walter T.Wvsopal,the City Mana�of the Citv of Fridley, a political subdivision of the State of Minnesota,on its behalf. Notary Public TH1S INSTRUMENT WAS DRAFTED BY: Peter A.Hanf Associate General Counsel License No.0268124 Metropolitan Council 390 Robert Street North St.Paul,MN 55101 2 129 Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY Property ID 03-30-24-11-0001 Property Description THAT PART OF NORTHEAST '/ OF SECTION 3 TOWNSHIP 30 RANGE 24 AND THAT PART OF LOT 6 REVISED AUDITORS SUBDIVISION NUMBER 103 LYING NORTHEASTERLY OF A L1NE PARALLEL WITH AND 60 FEET EASTERLY OF EASTERLY RIGHT OF WAY LINE OF BURLINGTON NORTHERN RAILROAD RIGHT OF WAY, EXCEPT SOUTHEAST '/ OF SAID NORTHEA5T '/, ALSO EXCEPT THAT PART OF SOUTHWEST % OF SAID NORTHEAST '/ LYING EASTERLY OF SAID RIGHT OF WAY LINE, EXCEPT ROAD, SUBJECT TO EASEMENT OF RECORD 3 130 - AGENDA ITEM rr°��j CITY COUNCIL MEETING OF Fridley �� OCTOBER 13, 2014 DATE: October 8,2014 TO: Wally Wysopal, City Manager�� FROM: Scott J. Hickok, Community Development Director SUBJECT: RESOLUTION -Detachment/Annexation of Properties At 7609 University Avenue and 315 Osborne Road Introduction In June The City of Fridley staff was contacted by Attorney Robert Foster, regarding his client, Immanuel Christian Center's desire to purchase the property at 315 Osborne Road. The purchase would allow them to expand their parking lot and landscaped area of their site out to the corner of University and Osborne Road. That request resulted in much discussion, research and a conclusion that a detachment from the City of Fridley and annexation by the City of Spring Lake Park would be the appropriate land use response. That response would require that the Fridley City Council pass a resolution consenting to the detachment. If appropriate after Council's discussion Monday night, staff will have the resolution ready for the October 13, 2014 Council agenda. Elements Our City Attorney and City Staff have reviewed the statutes regarding detachments and annexation. Though there are some times when these actions can be controversial, but this is not one of those times. Examples where this can get sticky are when one City wants to annex, but the other does not want to detach, or when citizens have petitioned to be annexed and a Township they are in does not want that annexation. Neither is the case here. In fact, Dan Bucholtz, City Administrator for Spring Lake Park has been excellent to work with on this matter. He and his City, along with the City of Blaine just completed a similar annexation/detachment process and we have drawn on that experience to guide us in this current consideration. Why Detach? Why would this detachment be something for us to consider? Simply put the City of Fridley does not allow parking as a principle use. The church has a purchase agreement to buy the multi-tenant center at 315 Osborne Road. A 2000 Federal Act called RLUIPA would protect the churches interest in turning the former shopping center into a parking lot. RLUIPA is defined as: 131 The Religious Land Use and Institutionalized Persons Act(RLUIPA), Pub.L. 106-274, codified as 42 U.S.C. �2000cc et seq., is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please and gives churches and other religious institutions a way to avoid burdensome zoning law restrictions on their property use. It also defines the term "religious exercise" to include "any exercise of religion, whether or not compelled by, or central to, a system of religious belief."�RL UIPA was enacted by the United States Congress in 2000..... wixirEDia,Zo�a Even more simply put, if what is being requested aligns with the mission/interests of the church, zoning restrictions on the parcel(s)would likely take a back seat to religious interest in a legal challenge.The detachment annexation then takes away the two City jurisdiction issue and makes their property all part of one City. Property Owners Representatives for the Church met with the owners or the Oil Change Store at 7609 University Avenue. That business apparently had no objection to the detachment/annexation. Staff will send a letter to each owner alerting them of the intended action and the resolution before Council, so that any input they may have could appear on the October 13th record, if they chose to do so. Police Department Comments Public Safety Director, Don Abbott, suggested that we explore the idea of also moving the jurisdictional boundary between Spring Lake Park over to the east edge of the University Avenue right of way(north of Osborne Road to 85th Street). He felt that this would be a good time to ask since we were moving lines. He also suggested that the church look at pazking lot access alternatives that would not require his officers to direct traffic on Osborne on Sunday mornings. On the first item, Mr. Bucholtz, indicated that he understood why this would be a good time to move the jurisdiction, but was concerned that with the limited number of roadways that exist in Spring Lake Park and the basis for State funds often related to miles of roadway,he really did not want to give this piece of roadway up. As for reworking the church parking lot access points,the church indicated that They too would like to do that, but short of being able to be directed out onto University Avenue (which they would love, but the State would not allow),they do not have a viable alternate solution. Public Works Comments Would there be merit to considering detaching from the triangular-shaped park property north of Osborne (in the north east corner of the City), as long as we are going through this process anyway? This parcel is difficult to maintain as its own small fraction of their larger park. When asked, Dan Bucholtz, was open to the idea of that detachment annexation as well and agreed that now would be the time to make that change happen. Our staff has since been researching the origin of the park and the potential to detach. Research appears to point toward favoring detachment as long as it remains park property. By the time the resolution comes to Council for action on October 13, 2014, all research should be complete allowing the park detachment as well. Because a public hearing is required for this portion of the detachment, that hearing will happen on Council's October 27th Agenda. Parks and Recreation Director, Jack Kirk, will discuss this item with the Parks and Recreation Commission at their October Commission Meeting. As for water and sewer utilities, water is supplied by the City of Fridley to both existing buildings, while sewer is provided by Spring Lake Park, on the properties north of Osborne. Jim Kosluchar, said that this is not unusual and we have other situations where this occurs across borders. He cited 132 examples in New Brighton where this is the case as well. Attorney Erickson pointed out that we do not have the ability to access for non-payment of the water bill if a property is not in Fridley. Jim Kosluchar indicated in those situations the City can and would shut the water off, if non-payment becomes an issue. That water purchase would initially relate to the buildings that exist and their tenant usage. In the future, it will only be irrigation water usage. Finance Department Comments � A payment in lieu of t�es would be appropriate, if the buildings do not become tax exempt or don't get demolished right away. The City portion of the taxes lost due to this detachment are $5600.00 annually. Once the properties become tax exempt,the requirement for payment in lieu of ta��es would cease. Staff has suggested that the church pay on a declining scale full taxes in the first year payable, 80%in the second year, 70%in the third year, 60% in the fourth year and 50% in the fifth year. Once each building is demolished that portion of the property would become exempt. The taa�would only be due while there were buildings that would generate - the ta��. If they demolish the multi-tenant center immediately,the decreasing scale of taxes would only apply to the oil exchange property. If they own and demolish that property in the future,that property would become tax exempt as well. Planning Comments The detachment annexation appears to be the preferred solution here rather than a text amendment to allow parking as a principle use on a C-2, General Business parcel. It will be very important that the Church understand that using the existing curb-cut driveways from the two buildings for additional church parking ingress/egress would not be permitted. A caveat to the detachment should be that the Church and the City of Spring Lake Park agree to this caveat. Recommendation Staff recommends approval of the attached resolution as presented. Nezt Steps: The City of Spring Lake Park will consider a Resolution to annex these parcels at their second meeting in October. Spring Lake Park Administrator Bucholtz, will then submit both City's Resolutions to the State Board of Annexation for their approval. Their decision would happen b�fore year end 2014. It is likely that the State Annexation Board will confer and agree upon the annexation based on the non-controversial nature and two City cooperation on the action. 133 RESOLUTION NO. JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM FRIDLEY AND ANNEXATION TO SPRING LAKE PARK OF CERTAIN LANDS PURSUANT TO MINNESOTA STATUTE 414.061 WHEREAS, certain real property(hereinafter referred to as the "Property") legally described as: See E�ibit"A" attached hereto and incorporated herein is approximately 3.70 acres in size, located within the boundaries of the City of Fridley, with a population of zero (0); and WHEREAS,the Property abuts real estate along its entire northern border that is located within the City of Spring Lake Park; and WHEREAS, Emmanuel Christian Center, who has entered into a purchase agreement to purchase Lot 2, Block 1 Osborne Plaza located in the City of Fridley, desires to utilize the property expand their parking lot for their facility located in the City of Spring Lake Park; and WHEREAS, Fridley City Code only allows a parking lot as an accessory use to a building located within the City of Fridley; and WHEREAS,the City of Fridley desires to detach and the City of Spring Lake desires to attach the Osborne Plaza plat in order to facilitate the purchase of Lot 2, Block 1 Osborne Plaza by Emmanuel Christian Center for their parking lot expansion and to adjust the municipal boundary line of the cities of Fridley and Spring Lake Park to follow the centerline of Osborne Road; and WHEREAS, in the spirit of utilizing the centerline of Osborne Road as the City limit line, the City of Fridley identified two additional properties for concurrent detachment from the City of Fridley and annexation to the City of Spring Lake Park located on the southern end of Spring Lake,which the City of Spring Lake Park is willing to annex. NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Fridley and the City of Spring Lake Park jointly request that the Office of Administrative Hearings—Municipal Boundary Adjustments concurrently detach the Property from the City of Fridley and annex the same to the City of Spring Lake Pazk at the earliest possible date. . 2. That the joint Resolution be submitted to the Office of Administrative Hearings— Municipal Boundary Adjustments for the purposes set forth herein. 134 3. That the City of Fridley and the City of Spring Lake Park agree that upon receipt of this Resolution, passed and adopted by each party, the Office of Administrative Hearings/Municipal Boundary Adjushnents, may review and comment, but sha11, within thirty(30) days, order the concurrent detachment and annexation consistent with the terms of this Resolution. Adopted by affirmative vote of the City Council of the City of this_day of , 2014. APPROVED BY: Mayor ATTEST: City Clerk 135 EXHIBIT A LEGAL DESCRIPTION Parcel A Lots 1 and 2, Block l, Osborne Plaza Addition, subject to easement of record; and Parcel B Beginning at the northeast corner of Section 12, Township 30,North Range 24 west,thence west along the north line of said section 12 a distance of 962.57 feet to the intersection with northerly line of Lake View Road so called,thence Southeasterly along northerly line of said Lake View Road a distance of 670.25 feet, thence Easterly and continuing along the northerly line of said Lake View Road a distance of 335.6 feet to the East line of said section 12,thence North along the East line of said section 12 a distance of 211.95 feet more or less to the place of beginning, subject to easement of record. 136 EXHIBIT B MAP OF CONCURRENT DETACHMENT/ANNEXATION Parcel A ,� TERRACE _ ' �PARK �� "� � x�� Ci of rin ' � 0 : . � .. .- ' ; „ �. , - .�.. . yL � - : ' �� . � � i ��...ze �►xE� 1 �� h�� ' I'�� :� � :� � �� II z �+ , ,, . Y , , . : � � Z 4 � i' �Annexed to Spring Lake Park �� ; ' �� i; �. j ; • : "'- -,��` � �.�„ . _: : � �� F_a�. i :._� . s �r... w � . ,, < � �: � � � ; ,; k a 2 ., v..5 . . q , �'t�.�.M" k� � ` 67� ' ��y ' 1� a ^.,�ri s '�,"��'^ �.3 h� i k�� r �� ,�—:. �' � �i { i}� r y�F f . f 1�^� i b � �1 � � �� 5 4w�".: ( w t� �f { y. '<,y�� ,. � " m,: � ` (� uNITY �� J' �� ` �6'�'''� ��OSPITAL i .�'�'"��', t;�, �'�� 1�',; �`i"��' '�;.,,�.n.-�--�" � r` ,�,,,,.. - � , 3� , � ,� a, w ! I� �y z ? � i. ,� - � . _ �� ,� a ti� � �� ; {I 4 � �, � yr�''}�'� ' Q g � y�. � ': " i;��—...T < �- . , ! :,' ;:' /.�'\ �� F��„�:� ,; ` ,J , , Parcel B �-• ��tEw�.tN�i��`'..�=�.'J�z'�, �" �,.,,-�`�'�,� LAKESIDE �_y--�� ; � lI�QNS PARK� � � c. . ��. � � � w 7 � '�� --�,,�". � �� `� �� a�PRI{+�� •F� � � LAKE � � Annexed to Spnng Lake Park F,� a�� ' ,;� " �,��i , ,Z�`:7''� u ^�, �;�� .: ' � i ir� ti � v'� + � r ` ' e � . ;°. 4�'� i/�%: M . ."�y�� 9 �t'.: � " .?J^� .�..�q:., a �� TO��.o .�i.� �� "�k' !f �*�.;' � y , ;'k"°sM, p .ai�.b3-.s,,,,r._,..r� -..�,ar�� {7 V !� .� � ..- r: 'a z w,�. ., �iiii ��... � ,;_ � ; �� - F t� � � , z , " � i t � � �st� "*.!,� ¢ +� � r;. � "?z .: r r � '� �r?°'��. y � �„ � � � � .,i � „ .,, � .�,. ;, . _ .'� ,� .� ., t �: � , . � �� ,. .._. s: � O �o- �� `` �` � � : .. } � � z. m �,. � �ie� .nu �, ;_.� � � 'c �a�rw ev�si�r > 137 � i i I . I � AGENDA ITEM I'� - CITY COUNCIL MEETING OF �++r or Fridley OCTOBER 13, 2014 INFORMAL STATUS REPORTS 138