CCA 11/10/2014 -
c�n f CITY COUNCIL MEETING OF NOVEMBER 10, 2014
Fridley
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to
public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired
persons who need an interpreter or other persons with disabilities who require auxiliary aids should
contact Roberta Collins at 572-3500. (TTD/572-3534)
WORKSHOP (6:00 P.M.)
Organized Refuse Hauling Information Update
PLEDGE OF ALLEGIANCE.
BOARD OF CANVASS MEETING
Receive and Certify the Statement of Canvass
from the General Election of November 4, 2014 ................................................... 1 - 5
CITY COUNCIL MEETING
PROCLAMATIONS:
Student Foreign Exchange Week — November 10616, 2014:
Daniela Fernandes from Portugal ................................................................... 6
Simen Angell-Olsen from Norway ................................................................... 7
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2014 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 27, 2014 ............................................................ 8 - 14
NEW BUSINESS:
1. Appointment— City Employee ....................................................................... 15
2. Claims (165965 — 166144) ........................................................................... 16 - 29
3. Licenses ....................................................................................................... 30 - 34
4. Estimates ...................................................................................................... 35
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
ADOPTION OF AGENDA:
PUBLIC HEARINGS:
5. Consideration of an Ordinance Amending
Fridley City Charter, Chapter 7. Taxation
and Finances, Section 7.04 Preparation of
Annual Budget; and Section 7.05 Passage
ofBudget ...................................................................................................... 36 - 39
6. Consideration of the Detachment/Annexation of
the Property Known as John Erickson Park ................................................. 40 - 41
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2014 PAGE 3
NEW BUSINESS:
7. Resolution Requesting Concurrent Detachment
from Fridley and Annexation to Spring Lake
Park of Certain Lands Pursuant to Minnesota
Statute 414.061 (Ward 2) .............................................................................. 42 - 46
8. Resolution Receiving a Proposal for Organized
Residential Refuse Collection by Districts,
and Setting an Informational Meeting for
November 20, 2014, and a Public Hearing for
December 8, 2014, and Directing Publication
ofHearing Notice .......................................................................................... 47 - 49
9. Resolution Approving, Authorizing Execution and
Recording of the Development Contract, Two Storm
Water Maintenance Agreements and an Environmental
Indemnification Agreement Relating to the Improvement
of Real Property Located at 4880 East River Road in
Fridley, Minnesota (Ward 3) ......................................................................... 50 - 118
APPEAL HEARING:
10. Consideration of Appeal Request from James
Kiewel, 1627-31 Rice Creek Road (Ward 2) ................................................. 119 - 127
11. Informal Status Reports ................................................................................ 128
ADJOURN.
�
�
CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF November 10, 2014
7:00 p.m. - City Council Chambers
Attendance Sheet
Please print name, address and item number you are interested in.
Print Name (Clearly) Address Item No.
AGENDA ITEM
�
�z �y; BOARD OF CANVASS MEETING
� Fridley
NOVEMBER 10, 2014
TO: WALTER T.WYSOPAL,CITY MANAGER��/ .
FROM: DEBRA A.SKOGEN,CITY CLERK'�
DATE: NOVEMBER 7,2014
SUBJECT: NOVEMBER 4,2014 GENERAL ELECTION STATEMENT OF CANVAS
A general election was held on Tuesday,November 4, 2014, to select candidates for the offices of
Councilmembers Ward l, 2 and 3. Attachxnent 1 is the Statement of Canvass for this ele�tion.
State Law states that the City Council must canvass the results of the general election within 3 to 10
days of the election. I have included the total number of ballots cast in the City for this election,the
total number of votes for each candidate, a true copy of the ballot, and the names of the election
judges as required.
There were a total number of 15,061 registered voters at 7:00 a.m. and 589 Election Day
registrations for a total number of 15,651 registered voters. Of those registered voters, 8794 cast a
ballot in the City thereby giving the City a voter turnout of 56.19%, which is 5% lower than the
2010 election,which would be a similar election to this election. Even with an increase of absentee
ballot voting this year,the voter turnout was lower than expected.
The individuals elected are Jim Saeflce, Ward 1; Dolores Varichak, Ward 2; and Ann Bolkcom,
Ward 3.
Staff recommends a motion accepting and certifying the results of the election.
1
City of Fridley, Minnesota B. The total number of votes cast for Councilmember
Statement of Canvass Ward 1 are as follows:
General Election November 4, 2014 Precinct Jim Saeflce 7ohn Anderson Write-in
Ward 1- 2$5 318 5
DECLARATION OF THE RESULTS THEREOF ����t i
A. The total number of ballots cast was: Ward 1- 310 302 4
P,�ecinoc z
ward 1- 308 263 4
Precinct Ballots rrecinct 3
Ward 1 -Precinct 1 815 �'�'�1- 247 225 5
Ward 1 -Precinct 2 823 Precinct 4
Total Votes 1150 1108 18
Ward 1 -Precinct 3 753 Cast
Ward 1 -Precinct 4 672
Ward 2-Precinct 1 594 C. The total number of votes cast for Councilmember
ward 2-Precinct 2 521 Ward 2 are as follows:
Precinct Dolores M. Pam Reynolds Write-In
Ward 2-Precinct 3 971
N Varichak
Ward 2-Precinct 4 929
�'�2- 209 257 1
Ward 3-Precinct 1 682 precinct 1
Ward 3-Precinct 2 1037 �'�'�2- 241 180 4
Wazd 3—Precinct 3 433 �recic►ot 2
�aar�2- 565 261 4
Ward 3—Precinct 4 564
Precinct 3
Total Ballots Cast 8794 wara 2- 398 264 5
Precinct 4
Total Votes 1413 962 14
Cast
Statement of Canvas General Election
November 4,2014
D. The total number of votes cast for Councilmember Ward 3 are as follows:
Precinct Ann Bolkcom Writo-in
Ward 3- 458 10
Precinct 1
�'�3- 751 16
Precinct 2
Ward 3- 271 6
Precinct 3
�'�3- 339 15
Precinct 4
Tota1 votes 1819 47
Cast
E. The following is a true copy of the ballot:
�'' CITY OFFICES
CITY OF FRIDLEY
" �OUNG�LMEIVIBER WAR� 1
bTE FOR ONE
O JIM SAEFKE
O JOHN ANDERSON
O Write-in
' COUNCILMEIVIBER WARD 2
(�'C'1TE�'�R(�NE)
O DOLORES M.VARICHAK
O PAM REYNOLDS
O Write-in
; COU�TCIL MEMBER WARD 3
�'�� ���O►TE FO�Z�NE) �
O ANN BOLKCOM
O Write-in
Statement of Canvas General Election
November 4,2014
F. The names of the Judges of the Election are as follows (Head and Assistant Head Judges are indicated by* or**):
Ward 1 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Precinct 4
John Walther* Arlene Linton* Jane Hosman* Norma Rust*
Maxine Damen** Carole Blaska** Anne Reineck** Lonna-Jean Schmidt Nelson**
Shannon Anderson Marlys Kranz** Jerold Bahls Carolyn Doyle
Ann Bangen Mary Ackerman Jimmy Golden Karolyn Erickson
Sandy Byl Jacqueline Frogh Elaine Gunderson Mike Halloran
Gwen Nawrocki Diane Graham Kay Hermann James Lambert
Cindy Purdham Lynne Grigor Olga Krochalk Joyce McConville
Marlene Schonebaum Christine Lauer Melvin Kuehni Cynthia Schreiner
Janet Swanson Linda Munson Giles McConville Marcy Sibell
Joe Westenfield Shirley O'Neill Lynne Nehring Ron Thureen
Beverly Sax Lois Palmquist Stephen Wallerius
Michael Roith Judy Zerby
Constance Schindel
Joanne Toews
� Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4
Teresa Hub* Don Findell* Lana Joy Glaser* Jackie Walther*
Phyllis Hildreth** Tanya Plummer Provost* Janice Golden* Maureen Zgutowicz**
Donna Bahls Joan Emma Clazk Earl Hendricks Linda Backlund
Richazd Dols Janyce Dols � Judy Lennox Barbara Brooks
Jill Dutcher Sally Hellman Jeanette Lindquist Delores Ginthner
Sherri Gemlo Mary Ann Hoffinan Randy Lohmer Steven D Johnson
Jimmie Harris Judith McHugo Michael Riley Kazen Kalambokidis
Kenneth Hoy Susan Tienter Brian Toews Colleen Kennedy
Esther Kisch Donald Wegler Barbara Tollakson Joseph McHugo
Paul H Laes Joanne Veres Mary Plant
Angela McShane Ann Williams Marlene Steichen
Bruce Pomerantz David Zerby Jerry Tietner
Tom Schonebaum
Statement of Canvas General Election
November 4,2014
Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Health Care Judges
Cindy Ruschy* Jeanine Nelson* Richard Nelson* Robert Hosman* Cindy Ruschy
Leslie Plummer** Thomas Bourque** Kathy Svanda** Ted Kranz** Julie Horvak
Kent Buell James Glaser David Linton** Gerry Brisco Moranda Zimmer
Bee Davidson Margaret Greshik Julann Delaney Thomas Forsythe
Janet Kothman Paul Gunderson Roberta Johnson Allen Grigor
Teresa Miller Barbara Johnson Roger Nawrocki Connie Metcalf
William Rust Bonita Johnson Virgil Okeson Susan Okeson
Fred Severni William Linton John Soule Peggy Price
Debbie Strand Janet Persell Linda Yaeger Bazbara Proost
Delores Sadowski(am) Gerald Schaaf
Gerald Sadowski(pm) Dirk Schindel
Lois Scholzen Bruce Setterholm
Paul Sleasar
WE HEREBY CERTIFY THE ABOVE RESULTS OF THE GENERAL ELECTION HELD ON NOVEMBER 4,2014,
�
ON THIS 10�DAY OF NOVEMBER,2014.
Mayor—Scott Lund Councilmember Ward 1 —James Saeflce
Councilmember At Large—Robert L. Barnette Councilmember Ward 2—Dolores Varicha.k
ATTEST:
Debra A. Skogen, City Clerk Councilmember Ward 3—Ann R. Bolkcom
�
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Student Foreig�� Exchange Weelrr
1Vovember Zo - 1Vovember Z6, Zo1Q
F!'JC�3
WHEREAS, our community's greatest asset is our youth; and
WHEREAS, the American Field Service (AFS) organizes and administers a program which
brings students from around the world to our community; and,
WHEREAS, this interchange of culture and philosophy contributes to the education and
maturation of our youth in many and varied ways; and,
WHEREAS, it is the desire of the Ciry of Fridley to show its appreciation and support to our
distinguished guests;
NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor for the City of Fridley,
hereby proclaim November 10 through November 16, 2014, as Student Foreign Exchange Week,
IN HONOR OF
DANIELA FERNANDES
FROM PORTUGAL
BE IT FURTHER RESOLVED, that Daniela be made an honorary citizen of the City of
Fridley, Minnesota, during her stay.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the seal of the City of Fridley to be
a�xed this 10`h day of November, 2014.
Scott J. Lund, Mayor
6
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%�`1V'�� •
Student Foreig� Exchange Weelrr
1Vovember so -1Vovember Z6, Zos4
$'JC�
WHEREAS, our community's greatest asset is our youth; and
WHEREAS, the American Field Service (AFS) organizes and administers a program which
brings students from around the world to our community; and,
WHEREAS, this interchange of culture and philosophy contributes to the education and
maturation of our youth in many and varied ways; and,
WHEREAS, it is the desire of the City of Fridley to show its appreciation and support to our
distinguished guests;
NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor for the City of Fridley,
hereby proclaim November 10 through November 16, 2014, as Student Foreign Exchange Week,
IN HONOR OF
SIMEN ANGELL-OLSEN
FROM NORWAY
BE IT FURTHER RESOLVED, that Simen be made an honorary citizen of the City of Fridley,
Minnesota, during his stay.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the seal of the City of Fridley to be
affixed this IOth day of November, 2014.
Scott T. Lund, Mayor
7
CITY COUNCIL MEETING
CITY OF FRIDLEY
OCTOBER 27,2014
The City council meeting for the City of Fridley was called to order by Mayor Lund at 7:05 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: Wally Wysopal, City Manager
Darcy Erickson, City Attorney
Scott Hickok, Community Developrrient Director
Darin Nelson, Finance Director
James Kosluchar, Public Works Director
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 13,2014.
APPROVED.
NEW BUSINESS:
1. Approve Release of Development Agreements for Faulkner Development for 6352
Central Avenue and 1271 East Moore Lake Drive (Ward 2).
APPROVED.
2. Approve Permanent Utility and Access Easement Agreement between the City of
Fridley and ZCOF TL Fridley LLC, for the Tri-Land Fridley Market Site Located at
the Northwest Corner of I-694 and University Avenue (TH4'� (Ward 3).
APPROVED.
3. Resolution Certifying Certain Delinquent Utility Services to the County for Collection
with the 2015 Property Taxes.
ADOPTED RESOLUTION NO. 2014-76.
8
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27.2014 PAGE 2
4. Resolution Adopting Assessment for 2014 Utility Lateral Repair Project.
APPROVED RESOLUTION NO.2014-77.
5. Resolution Authorizing Signing an Employment Agreement between Certain
Employees Represented by Local No. 1986.
APPROVED RESOLUTION NO. 2014-78.
6. Resolution Designating Time and Number of Council Meetings for 2015.
APPROVED RESOLUTION NO.2014-79.
7. Approve the 2015 Development Review Schedule for the Planning Commission and the
Appeals Commission.
APPROVED.
8. Claims (1410-ACH PCard; 165768-165941).
APPROVED.
9. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the Consent Agenda. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
No one from the audience spoke.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember
Saeflce. .
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNA1vIMOUSLY.
9
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27,2014 PAGE 3
PUBLIC HEARINGS:
10. Consideration of a Rezoning Request, ZOA #13-02, by the City of Fridley, to Consider
Rezoning Property, Legally Described as Auditor's Subdivision 39, from C-2, General
Business, to M-2, Heavy Industrial, Generally Located at 3720 East River Road N.E.
(Ward 3) (Continued July 14,2014).
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNA1vIMOUSLY, AND THE PUBLIC HEARING OPENED AT
7:05 P.M.
Scott Hickok, Community Development Director, noted there was a public hearing on this item
in December, 2013. At that time, there was discussion about the rezoning and interest on the part
of a developer to keep the zoning commercial to better market the site. The City's interest was
to change the zoning to industrial like the surrounding properties. The owner of the property has
found a user for the site, a funeral home operator, and has negotiated terms. A decision needs to
be made regarding the zoning request. Staff recommends continuing the public hearing until
December 22 so the funeral home has the building permit application complete. The bank is
interested in having this business concluded by the end of this year. Staff is confident this
extension will take care of itself within this timeframe.
Councilmember Bolkcom asked if the bank is comfortable with the date.
Jay Larson representing Prime Security Bank and bank owner of the property replied yes. They
have approved the purchase order and are meeting with the borrower weekly. Right now they
are waiting for an updated construction statement and appraisal. He is confident this will be
closed by mid-December--no later than the end of the year.
MOTION by Councilmember Bolkcom to continue the public hearing until December 22, 2014.
Seconded by Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING WAS
CONTINUED UNTIL DECEMBER 22,2014.
11. Consideration of the Proposed Assessment for the 2014 Nuisance Abatement
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Saefke
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:10 P.M.
10
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27,2014 PAGE 4
Darin Nelson, Finance Director, stated this is the annual assessment for those properties in
which continuing code violations existed where the City expended resources to bring the
properties into compliance. A total of 31 properties are involved in this assessment. The total
amount of the assessment is $22,554.39. The assessment will be for one yeaz at 6 '/2 percent
interest. Staff has not received any correspondence contesting the proposed assessment.
Mr. Nelson said a deferral option for retired or disabled property owners is available for
homestead properties.
Mr.Nelson said staff recommends the public hearing be opened for public comment.
Councilmember Bolkcom noted in the agenda packet there were 32 pin numbers and in
assessment there are 31. She asked if one was paid.
Mr.Nelson replied one had been paid.
Councilmember Bolkcom asked if the property owners would be getting a letter.
Mr. Nelson replied yes, property owners will have until November 27, 2014, to pay for the
assessment with no interest.
Councilmember Bolkcom asked if the penalty would still be applied.
Mr.Nelson answered yes.
MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT
7:13 P.M.
NEW BUSINESS:
12. Resolution Adopting Assessment for 2014 Nuisance Abatement.
MOTION by Councilmember Saeflce to adopt Resolution No. 2014-80. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Approve Agreement between the City of Fridley and EDS Builders, Inc., to Provide
Construction Manager Services for the Springbrook Nature Center Project(Ward 3).
11
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27.2014 PAGE 5
Jack Kirk, Director of Parks and Recreation, stated that hiring a Construction Manager is the
first step in moving forward into the design and construction project. A construction manager
will serve as an onsite representative and will reduce the overall cost of the project. The
construction manager will be the key ingredient in the communications area and would be the
central communication point, providing timely information to those associated with the
construction process. The construction manager will provide leadership guidance as the project
moves through various phases. Having one right from the start will help keep the project on time
and on budget.
Mr. Kirk said the construction manager will provide the pre-design submittal to state legislative
bodies as a requirement for the state bonding grant, get information for the architect engineers,
help select design professionals, work closely with the local design team, staff and Park & �,
Recreation commission members, put together final specs for bid documents, help with the
selection of contractors, oversee construction quality, assist with reporting and paperwork, and
follow up with walkthrough, making sure everything is working properly.
Mr. Kirk said he heard good things about EDS Builders. They have extensive experience
working with other cities in our area. The references they provided have been outstanding. EDS
Builders has been recognized for their work with numerous awards. He and the City Manager
have met with the owner numerous times and agree this is a good fit for this project. The owner
of the company will be the onsite construction manager. This position would be paid with grant
funds, not with funds from the City of Fridley. Staff recommends approval of the agreement
with EDS Builders for construction management for the Springbrook Nature Center Project.
Mayor Lund noted that the memorandum talks about an industry standard of 5% estimated cost
not to exceed$350,000. He said he only sees an amount of$90,000.
Mr. Kirk replied that is a monthly cost, with a 13-month maximum that may end up outset in
terms of the construction period, so the amount could be less.
Councilmember Bolkcom noted that the memorandum mentions $7.1M but $S.OM is in a state
grant. Would the construction manager be part of the other $2.1 M?
Wally Wysopal, City Manager, replied yes; additional funds coming from the Foundation would
pay for that cost. This agreement is based on the $7.1M, and the construction manager fee could
be reduced. If the project ends up only being $4-SM and only 10-11 months, the construction
manager's fee would be reduced accordingly.
Councilmember Bolkcom said the City would not be responsible to pay any of the construction
manager's cost beyond the $S.OM.
Wally Wysopal answered correct.
Councilmember Bolkcom said Council is committing to the $S.OM project with a possibility of
another$2.1 M.
12
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27.2014 PAGE 6
Wally Wysopal replied correct.
Mr. Kirk said the $7.1 M is included in the construction manager fee and the design is to be paid
with the state bonding money or additional funds from the Springbrook Nature Center
Foundation, not to be supported with City funds.
Councilmember Bolkcom asked if the plan is that the funds will be paid out by the City and
reimbursed by the state grant.
Mr. Kirk replied that is correct.
Mr. Kirk said during the next six months, there will be a lot of work on the design end. The
task will then be to bring in the architect and engineering. The goal is to get documents
completed by the end of next spring to proceed with the bidding.
MOTION by Councilmember Bolkcom to approve the Agreement between the City of Fridley
and EDS Builders,.Inc., to provide Construction Manager Services for the Springbrook Nature
Center Project. Seconded by Councilmember Saeflce.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNA1vIMOUSLY.
14. Approve Lot Reservation Agreement between the City of Fridley and Twin Cities
Habitat for Humanity, Inc., and the Related Sale of the Property Generally Located
at 52°d Avenue and Taylor Street N.E. (Ward 1).
Scott Hickok, Community Development Director, stated the public hearing was held last year
for the sale of this property. This property once served as a driveway to the South Fridley
Apartments. The best use going forward would be to sell the property and put it to good use as a
single family lot. The HRA has helped staff, and there is an offer on the property for the asking
price. T'he property would be owned by Habitat for Humanity. This is to let Council know the
sale will be moving forward. The Mayor and City Clerk will sign off on the documents when the
sale occurs. A very nice walk-out rambler will be constructed on this lot, and it will blend in
nicely with the rest of the neighborhood.
Mike Nelson, Habitat for Humanity, said he has been working with staff on this opportunity and
was available to answer any questions from Council. The plan is to enter into an agreement in
the next 60 days and get in early next spring to construct a home and have a family in the home
the later part of next year. The design of the home will fit into the rest of the neighborhood. The
home will be built with high standards and be very energy efficient.
Councilmember Bolkcom asked if the square footage was 1,255 square feet.
Mr. Hickok noted it should be 2,255 square feet.
13
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27,2014 PAGE 7
MOTION by Councilmember Saeflce to approve the Lot Reservation Agreement between the
City of Fridley and Twin Cities Habitat for Humanity, Inc., and the Related Sale of the Property
Generally Located at 52°d Avenue and Taylor Street N.E. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. Informational Status Reports.
Councilmember Bolkcom said there is a Springbrook Creek maintenance meeting tomorrow
night at the Springbrook Nature Center at 6:00 p.m. The 2015 Street Construction Project
Summit Manor meeting is Wednesday from 5:30 to 7 p.m. at City Ha11. Pumpkin Night in the
Pazk was a huge success with over 4,600 attendees. Thank you to all the volunteers.
Scott Hickok stated on November 5 from 6:00 to 7:30 p.m. there will be an open house at
Stephenson Elementary Cafeteria for the TOD program staff is working on. Everyone is invited
to attend. This will be considered for Council approval in December.
Wally Wysopal, City Manager, said those interested in voting via absentee ballot can do so at
City Hall. City Hall will be open Saturday from 10 a.m. to 3 p.m., and Monday until Spm. He
encouraged anyone at this time to bring their ballot to City Hall versus the mail.
Mayor Lund stated this Saturday at Bob's Produce is the kick-off for the annual roof-raiser
fundraiser from 2 to 5 p.m. He is asking for donations to keep him off the roof this year. His
goal is to raise $5,000. Last year, he was fortunate to exceed that amount. This fundraiser is for
the Lee Carlson Center, which does a lot for those in need. Please be generous with your
donation.
Councilmember Bolkcom welcomed Duluth Trading Company, located next to the Fridley
Liquor Store. She invited people to stop by and see this new store and check out the changes to
the liquor store. She reminded people that sales from the liquor store go back to the City.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE MEETING ADJOURNED AT 7:42 P.M.
Respectfully Submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor
14
� AGENDA ITEM
`Fn�ey CITY COUNCIL MEETING OF NOVEMBER 10, 2014
Appointment
Starting Start
Name Position Salarv Date Replaces
Adam Public Services $23.15 Nov. 24, Philip
Swinney Worker -Water per hour 2014 Perron
15
� AGENDA iTEM
�'�°f COUNCIL MEETING OF NOVEMBER 10, 2014
Fridley
CLA1 MS
CLAIMS
165965 - 166144
16
PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 1
PROGRAM: GM350L
CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
10/30/2014 165965 ANOKA COUNTY CENTRAL COMMUNICA 1005 1, 080.00
101-0440-425.43-32 10/29/2014 CJIS ACCESS FEE 2014350 10/2014 1, 080.00
10/30/2014 165966 AT & T MOBILITY 1116 3,720.61
101-0333-415.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 108.76
101-0220-415.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 48.86
225-0000-415.43-32 10/17%2014 CELL PHONE 287251541144X10 10/2014 48.86
101-0440-425.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 1,224 .49
101-0441-425.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 124 .25
101-0550-425.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 287.52
101-0661-435.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 333 .41
101-0669-435.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 101.05
101-0880-465.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 99.80
101-0881-465.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 34 .99
101-0882-465.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 98.76
101-0770-455.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 68 .70
601-7000-415.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 242.34
602-7000-415.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 216.09
101-0668-435.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 375.54
101-0666-435.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 272.20
101-0661-435.43-32 10/17/2014 GIS HOT SPOT 287251541144X10 10/2014 34.99
F,'r^/30/2014 165967 BEACON ATHLETICS 2017 - 1,245.84
�1101-0666-435.42-22 10/20/2014 ATHLETIC EQUIPMEN�- 440782 10/2014 1,245.84
10/30/2014 165968 BRO-TEX, INC 2173 282.91
237-0000-415.43-40 10/27/2014 RECYCLING FALL DROP OFF 455219 10/2014 282.91
10/30/2014 165969 BECA IT & SOFTWARE SERVICES 2236 4,700.00
409-0000-415.45-60 10/24/2014 1ST DATA EXTRACTION SERV 14001810 10/2014 4,700.00 •
10/30/2014 165970 CENTRAL RENTAL CO 3010 456 .57
270-0771-455:43-41 10/27/2014 GENERATOR RENTAL 1551897 10/2014 456.57
10/30/2014 165971 CUB FOODS INC 312� 22.73
270-0771-455.42-21 10/23/2014 SUET 10/2014 22.73
10/30/2014 165972 C.D.W. GOVERNMENT, INC 3163 766.46
409-0000-415.42-21 10/23/2014 REPLACEMENT BATTERY 604,71,2683,422 10/2014 766.46
10/30f2014 165973 CENTURY LINK 3295 249.65
609-9100-415.43-32 10/22/2014 PHONE SERVICE 5710683 10/2014 214 .78
601-7000-415.43-32 10/22/2014 PHONE SERVICE 5711683 10/2014 17.44
602-7000-415.43-32 10/22/2014 PHONE SERVICE 5711683 10/2014 17.43
10/30/2014 165974 CENTENNIAL FIRE DISTRICT 3302 1,000. 00
101-0550-425.43-37 09/29/2014 EMT CLASS 1091 10/2014 1, 000.00
10/30/2014 165975 DISCOUNT SCHOOL SUPPLY 4034 171.25
101-0666-435.42-22 10/13/2014 FLAT STEEL 01035679 10/2014 171.25
PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 2
PROGRAM: GM350L
CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
-----------------------------------------------------------------------------=------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
10/30/2014 165976 DEFORGES PLUMBING, INC 4147 2, 000.00
101-0880-465.43-40 10/29/2014 INSPECTIONS 1460 10/2014 2, 000.00
10/30/2014 165977 E.C.M. PUBLISHERS INC 5001 166.78
101-0224-415.43-34 10/24/2014 LEGAL NOTICE-AMEND CHPT 7 155245 10/2014 166.78
10/30/2014 165978 EMERGENCY AUTOMOTIVE TECHNOLOG 5073 7, 927.45
410-0550-425.45-40 10/20/2014 EQUIPMENT FOR RES#6 11983 10/2014 7, 927.45
10/30/2014 165979 EMERGENCY RESPONSE SOLUTIONS,L 5103 .00
101-0550-425.42-17 10/27/2014 SCBA SUPPLIES 2835 10/2014 2,230.00
101-0550-425.42-17 11/03/2014 SCBA SUPPLIES 2835 11/2014 2,230.00-
10/30/2014 165980 EVERGREEN RECYCLING, LLC 5108 1,080.00
237-0000-415.43-40 10/27/2014 RECYCLING FALL DROP OFF 1627 10/2014 1, 080.00
10/30/2014 165981 CITY OF FRIDLEY 6023 66.47
101-0440-425.43-37 10/28/2014 POLICE TRAINING MEALS PETTY CASH 10/2014 66.47
10/30/2014 165982 FIELD, MATTHEW 6066 21.90
101-0550-425.42-21 10/29/2014 REIMB NSRMA MTG REFRESHMT 10/2014 21.90
�:r�/30/2014 165983 FLEET PRIDE 6151 177.18
� 101-0668-435.43-40 10/06/2014 HOSE ASSY,PARTS 64179083 10/2014 177.18
10/30/2014 165984 GREEN BARN GARDEN CENTER, INC 7107 2, 158 .00
270-0771-455.42-21 10/10/2014 PUMPKINS, CORN STALKS 10253 10/2014 2,158.00
10/30/2014 165985 GENESIS EMPLOYEE BENEFITS 7162 26.75
704-0000-415_43-30 10/14/2014 ASSET BASED SHRHLD FEE 25873 10/2014 26.75
10/30/2014 165986 HYDRAULIC SPECIALTY CO 8031 209.16
101-0000-144.00-00 10/23/2014 HYD COUPLER 09049951777 10/2014 209.16
10/30/2014 165987 WENDY HIATT 8164 27.13
101-0669-435.43-33 10/28/2014 REIMB MILEAGE 10/2014 27.13
10/30/2014 165988 TOM HANSON 8172 75.00
101-0770-455.42-21 10/21/2014 GREAT DECISIONS SPEAKER 10/2014 75.00
10/30/2014 165989 PERRY JONES 10078 29. 00
101-0440-425.43-33 10/27/2014 REIMB PARKING FEES 10/2014 29.00
10/30/2014 165990 JAMES HUNGASKI ILLUSTRATIONS 10107 490.00
609-9100-415.43-30 10/29/2014 FRED LEE ART WRK-FINAL 10/2014 490.00
10/30/2014 165991 LEAGUE OF MINNESOTA CITIES 12015 40.00
101-0110-415.43-37 10/28/2014 MAYOR LUND-REGIONAL MTG 204626 10/2014 40.00
10/30/2014 165992 DAVID LOCKER 12185 200.00
270-0771-455.43-40 10/24/2014 OVERNGHT SECURITY-PUMKIN 10/2014 200.00
PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 3
PROGRAM: GM350L
CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
10/30/2014 165993 MINNESOTA SAFETY COUNCIL INC 13041 270.00
101-0770-455.42-21 10/16/2014 DEF DRIVING PACKETS 31998 10/2014 270.00
10/30/2014 165994 METRO SALES INC 13135 250.98
101-0661-435.43-35 10/27/2014 MAINTENANCE 94053 10/2014 250.98
10/30/2014 165995 MSDWAY FORD 13189 33,126.26
410-0668-435.45-40 10/22/2014 AERIAL TRUCK V#740 101026 10/2014 33,126.26
10/30/2014 165996 MICHAEL MAHER 13240 214.64
270-0771-455.43-40 10/24/2014 FILE MET COUNCIL AGREEMT 10/2014 92.00
270-0771-455.43-33 10/23/2014 REIMB MILEAGE 10/2014 122.64
10/30/2014 165997 MINN HWY SAFETY/RESEARCH CTR-M 13359 792.00
101-0440-425.43-37 10/23/2014 PIT/EVOL REFRESHER 6294304089 10/2014 792.00
10/30/2014 165998 MIDWEST EQUIPMENT SALES 13480 4,770.00
101-0666-435.42-22 10/15/2014 TIRES/TRACKS PRKS 125090 10/2014 4,770.00
10/30/2014 165999 JOSEPH MAGANA 13481 30.22
101-0440-425.43-37 10/27/2014 MEAL REIMB-TRAINING 10/2014 30.22
�;�,^/30/2014 166000 NARDINI FIRE EQUIPMENT CO 14054 1,034.83
�O 101-0550-425.42-21 10/28/2014 SILV-EX PLUS 50546 10/2014 1,034 .83
10/30/2014 166001 CITY OF NEW BRIGHTON 14067 1,149.27
601-7000-415.43-40 10/22/2014 WATER CHEMICALS 10/2014 1,149.27
10/30/2014 166002 NORTHERN TECHNOLOGIES, INC 14179 183.00
406-0006-435.43-40 10/16/2014 ENG MAT/TESTING STR REHAP 13018 10/2014 183.00
10/30/2014 166003 HUNTER HAMILTON 16029 944 .00
601-6000-415.43-40 10/27/2014 UB TRMP EMPLOYEE 102962126 10/2014 944.00
10/30/2014 166004 POMP'S TIRE SERVICE, INC 16051 3,489.72
101-0000-143.00-00 09/OS/2014 TIRES 150039072 10/2014 1,501.20
101-0000-143.00-00 09/17/2014 TIRES 150039070 10/2014 1,751.52
101-0668-435.43-40 09/OS/2014 TIRES 150039133 10/2014 237.00
10/30/2014 166005 PEABODY ENTERPRISES, INC 16058 7,610.24
609-9100-415.45-60 10/14/2014 CABINETS 81908,81906 10/2014 7,610.24
10/30/2014 166006 RICHARD PERRON 16072 19.74
101-0666-435.42-17 10/24/2014 REIMB SAFETY BOOTS 10/2014 19.74
10/30/2014 166007 PACE ANALYTICAL SERVICE INC 16135 555.50
601-7000-415.43-40 10/21/2014 NPDES LAB SVS 12141185 10/2014 555.50
10/30/2014 166008 PARKITECTURE 16219 ��Z.9p
101-0666-435.42-22 10/20/2014 SWINGS,SEATS,HOOKS 14956 10/2014 772.90
PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 4
PROGRAM: GM350L
CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00
---------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
-------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
10/30/2014 166009 R.D.O. EQUIPMENT CO TRUST#80-5 18015 763.38
101-0000-144.00-00 10/15/2014 parts 504,721,613,640 10/2014 619.04
410-0668-435.45-40 09/16/2014 LABELS,HINGE V#795 921330,P22131 10/2014 144.34
10/30/2014 166010 SAM'S CLUB 19004 1,391.79
101-0770-455.42-21 10/16/2014 ZONE SUPPLIES 10/2014 703.69
270-0771-455.42-21 10/16/2014 PUMKIN NIGHT SUPPLIES 10/2014 177.45
270-0771-455.42-17 10/16/2014 STAFF COATS 10/2014 164.90
270-0771-455.42-21 10/16/2014 PUMKIN NIGHT SUPPLIES 10/2014 217.69
270-0771-455.42-21 10/16/2014 VOLUNTEER FOOD/WATER 10/2014 82.79
101-0770-455.42-21 10/16/2014 SR SUPPLIES 10/2014 7.48
237-0000-415.42-21 10/16/2014 RECYCLING EVENT SUPPLIES 10/2014 22 .79
101-0660-415.43-31 10/16/2014 MEMBERSHIP-BENSON 10/2014 15.00
10/30/2014 166011 SCHARBER & SONS INC 19011 259.67
101-0000-144.00-00 10/16/2014 FILTERS P61103 10/2014 143.97
101-0000-144.00-00 10/09/2014 BEARINGS,BOLTS P60561 10/2014 115.70
10/30/2014 166012 SCHIFSKY AND SONS INC 19045 9, 871.73
101-0668-435.42-22 10/25/2014 ASPHALT 56928 10/2014 9,871.73
10/30/2014 166013 SHORT ELLIOTT HENDRICKSON INC 19108 2,262. 00
N 101-0661-435.43-30 10/15/2014 FILTER DRAIN PUMP 288134 10/2014 2,262.00
O
10/30/2014 166014 SUBURBAN TIRE WHOLSALE, INC 19229 2,327.56
101-0000-143.00-00 10/03/2014 TIRES 10128353 10/2014 272.74
101-0000-143.00-00 10/20/2014 TIRES 10128757 10/2014 514.54
101-0000-143.00-00 10/27/2014 TIRES 10128912 10/2014 1,540.28
10/30/2014 166015 SPRINGBROOK NATURE CENT FOUNDA 19256 300.00
270-0771-455.43-40 10/23/2014 STAN TEKIELA-PRESENTOR 102014 10/2014 300.00
10/30/2014 166016 STRAUGHAN HARDWARE, INC 19278 2, 139.50
601-7000-415.43-40 10/15/2014 REPLACE DOOR PUMPHOUSE 229258 10/2014 2,139.50
10/30/2014 166017 STANDARD SPRING PARTS 19333 495.76
101-0666-435.42-22 10/10/2014 CUSTOM THREADED ROD,NUTS 351739 10/2014 495.76
10/30/2014 166018 TARGET 20004 42 22
101-0770-455.42-21 10/03/2014 SUPPLIES 10/2014 42 .22
10/30/2014 166019 ZCOFTL FRIDLEY,LLC 20130 12,831.68
609-9100-415.43-41 10/27/2014 NOV LEASE PMT 047001A00000367 10/2014 12, 831.68
10/30/2014 166020 AUTONATION COLLISION CENTER 20152 2, 625.70
101-0661-435.43-40 10/07/2014 ACCIDENT REPAIRS V#810 262404 10/2014 2,625.70
10/30/2014 166021 TOTAL COMPLIANCE SOLUTIONS, IN 20163 100.00
101-0666-435.43-30 10/21/2014 DRUG TESTING 41027 10/2014 20. 00
PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 5
PROGRAM: GM350L
CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
101-0668-435.43-30 10/21/2014 DRUG TESTING 41027 10/2014 20.00
101-0669-435.43-30 10/21/2014 DRUG TESTING 41027 10/2014 20.00
601-7000-415.43-30 10/21/2014 DRUG TESTING 41027 10/2014 20.00
602-7000-415.43-30 10/21/2014 DRUG TESTING 41027 10/2014 20.00
10/30/2014 166022 UNITED PARCEL SERVICE 21025 58.16
101-0333-415.43-40 10/15/2014 SHIPPING TO CDWG YW2291434 10/2014 58.16
10/30/2014 166023 UPPER MIDWEST SEED INC 21046 132.90
270-0771-455.42-21 10/15/2014 SEEDS 18794,18891 10/2014 132.90
10/30/2014 166024 VALLEY-RICH CO INC 22006 17,301.72
601-7500-415.43-40 10/28/2014 REPAIR WATER MAIN HWY 65 20335,20437 10/2014 17,301.72
10/30/2014 166025 ANTHONY WALLERIUS 23102 100.00
101-0770-455.43-40 10/24/2014 UMPIRE 1302 10/2014 100.00
10/30/2014 166026 WARNING LITES OF MINNESOTA, IN 23103 281.52
406-0006-435.43-41 10/20/2014 TRAFFIC CONTROL SIGNS 141612 10/2014 281.52
10/30/2014 166027 XCEL ENERGY 24002 18, 152.19
609-9100-415.43-38 10/23/2014 LIQ STORE ENERGY AUDIT 432222632 10/2014 300.00
101-0665-435.43-38 10/20/2014 UTZLITIES 431811809 10/2014 16, 176.08
N 602-7000-415.43-38 . 10/20/2014 UTILITIES 431794381 10/2014 1,308.91
H+ 101-0550-425.43-39 10/20/2014 UTILITIES 431777647 10/2014 202.54
603-7000-415.43-38 10/20/2014 UTILITIES 431783254 10/2014 164 .66
10/30/2014 166028 ZEE MEDICAL SERVICE CO 26014 94.70
270-0771-455.42-21 10/20/2014 FIRSTAID SUPPLIES 54097285 10/2014 94.70
10/30/2014 166029 TARGET 99998 200.00
101-0000-240.00-00 10/28/2014 TSP 14-22 DEPOSIT REFUND 10/2014 200.00
10/30/2014 166030 BENJAMIN ALBOHOL 2014102 633 .33
227-0000-415.43-40 10/27/2014 MET COUNCIL I&I GRANT 10/2014 633 .33
11/06/2014 166031 ANOKA COUNTY CENTRAL COMMUNICA 1005 531.29
101-0440-425.43-32 11/03/2014 WIRELESS INTERNET ACCESS 2014370 11/2014 531.29
11/06/2014 166032 ARCTIC GLACIER INC 1008 402.15
609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 327.25
609-0000-158.00-00 10/30/2014 OCT-MISC 11/2014 74.90
11/06/2014 166033 AMUNDSON CIGAR & CANDY CO 1064 2,657.86
609-0000-184.00-00 10/30/2014 OCT-CIGS 11/2014 2,657.86
11/06/2014 166034 ANOKA COUNTY ELECTIONS 1097 233 .70
101-0223-415_43-35 10/31/2014 ELECTION BALLOTS 201463 11/2014 233.70
11/06/2014 166035 ANCOM COMMUNICATIONS INC 1088 6,604 .00
101-0441-425.45-40 09/29/2014 BI-DIRECTIONAL AMPLIFIER 48680 11/2014 6,604.00
PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 6
PROGRAM: GM350L
CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
11/06/2014 166036 APACHE PRINT INC 1147 176.13
101-0770-455.43-35 10/30/2014 NEWSLETTER 46061 11/2014 178.13
11/06/2014 166037 AMERICAN BOTTLING COMPANY 1155 349.31
609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 241.11
609-0000-158.00-00 10/30/2014 OCT-MISC 11/2014 108.20
11/06/2014 166038 AUTOMATIC SYSTEMS CO INC 1158 247.15
601-7000-415.43-40 10/22/2014 BACKWASH BASIN VALVE 28070 11/2014 247.15
11/06/2014 166039 ASPEN MILLS INC 1161 222,�5
101-0440-425.42-17 10/20/2014 EB VEST 156406 11/2014 89.95
101-0440-425.42-17 10/03/2014 EB VEST CARRIER 155442 11/2014 132.80
11/06/2014 166040 A.A. EQUIPMENT CO 1180 9,671.70
609-9100-415.45-60 10/30/2014 NEW COOLERS 6773,6799 11/2014 9,671.70
11/06/2014 166041 ACE SOLID WASTE, INC 1241 2�,1g
609-9200-415.43-40 11/O1/2014 NOV REFUSE HAULING 277552 11/2014 27.19
11/06/2014 166042 AMARA WINES,LLC 1296 1,137.84
609-0000-161.00-00 10/30/2014 OCT-WINE 11/2014 1,107.84
tN 609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 30.00
11/06/2014 166043 ARTISAN BEER COMPANY 1303 1,368.25
609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 174 .00
609-0000-157.00-00 10/30/2014 OCT-BEER 11/2014 1,194 .25
11/06/2014 166044 ASTECH CORPORATION, INC 1316 61,031.85
406-0006-435.45-30 10/31/2014 STREET REHAB PROJ EST#6 11/2014 61,031.85
11/06/2014 166045 BEISSWENGER'S HARDWARE 2019 554 .84
101-0666-435.42-22 11/O1/2014 TRIMMER PARTS,HARDWARE 11/2014 101.25
101-0666-435.42-25 11/O1/2014 LAWN MOWER 11/2014 368.99
101-0666-435.42-25 11/O1/2014 DRILL,TAPS 11/2014 40.05
101-0550-425.42-21 11/O1/2014 PROPANE,PARAFIN 11/2014 18.46
270-0771-455.42-22 11/O1/2014 GLASS FOR LIGHT 11/2014 26.09
11/06/2014 166046 BOYER TRUCKS INC 2035 946.50
101-0000-144.00-00 10/20/2014 PARTS 11/2014 946.50
11/06/2014 166047 BELLBOY CORPORATION 2051 7,166.16
609-0000-180.00-00 10/30/2014 OCT-LIQUOR 11/2014 5,794.41
609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 280.93
609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 68.85
609-9100-415.42-21 10/30/2014 OCT-BAGS 11/2014 1,021.97
11/06/2014 166048 SERNICK'S BEVERAGES 2207 1,446.39
609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 1,300.00
PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 7
PROGRAM: GM350L
CITY OF FRIpLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 59.19
609-0000-158.00-00 10/30/2014 OCT-MISC 11/2014 89.20
11/06/2014 166049 BUILDING CONSULTING GROUP,INC 2223 410.00
405-0005-415.43-30 10/29/2014 DESIGN SPEC FOR RAMP 883144 11/2014 410.00
11/06/2014 166050 BANK BEER CO 2237 197.00
609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 197.00
11/06/2014 166051 CRYSTEEL DISTRIBUTION INC 3004 1,030.00
101-0000-144.00-00 10/30/2014 FORCE ELECTRIC #777, 736 F35633 11/2014 1,030.00
11/06/2014 166052 COCA COLA BOTTLING 3030 805.40
609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 645.24
609-0000-158.00-00 10/30/2014 OCT-MISC 11/2014 160.16
11/06/2014 166053 CAPITOL BEVERAGE SALES 3097 31,522.52
609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 28,000.00
609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 81.51
609-0000-157.00-00 10/30/2014 OCT-BEER 11/2014 3,400.00
609-0000-158.00-00 10/30/2014 OCT-MISC 11/2014 41.01
11/06/2014 166054 CITY OF COON RAPIDS 3122 227.74
N 270-0771-455.43-38 10/07/2014 WATER SERVICE 3760303 11/2014 227.74
W
11/06/2014 166055 CUB FOODS INC 3127 26.69
270-0771-455.42-21 11/03/2014 SUET 11/2014 26.69
11/06/2014 166056 ROBERT CLAUSON 3153 2,392.00
101-0880-465.43-40 11/03/2014 INSPECTIONS 11/2014 2,392.00
11/06/2014 166057 COMCAST CABLE 3157 314.71
225-0000-415.43-40 10/23/2014 CABLE SERVICE 772106210044545 11/2014 314.71
11/06/2014 166058 CENTRAL MN CUSTODIAL SERVICES 3198 1,040.00
101-0669-435.43-40 10/30/2014 OCT CLEANING SERVICE 1211 11/2014 1,040.00
11/06/2014 166059 CROWN TROPHY 3203 215.01
101-0440-425.42-21 10/22/2014 PLAQUE,ENGRV GUN AWARD 15044 11/2014 215.01
11/06/2014 166060 COMMUNITY HEALTH CHARITIES 3227 9.62
101-0000-219.08-00 11/07/2014 PAYROLL. SUMMARY 20141107 11/2014 9.62
11/06/2014 166061 CENTRAL ROOFING COMPANY 3292 14, 890.00
601-7500-415.43-40 10/30/2014 WTP REPAIRS 4923 11/2014 14, 890.00
11/06/2014 166062 CENTURY LINK 3295 42.00
270-0771-455.43-32 10/25/2014 PHONE SERVICE 7833923 11/2014 42.00
11/06/2014 166063 CARVELLI DRAIN SERVICE & PLUMB 3310 444.75
601-7000-415.43-40 11/02/2014 REPAIR PIPE FROM AMR 1057 11/2014 444 .75
PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 8
PROGRAM: GM350L
CITY OF FRIDLEY
FROM 10/27/2014 TO 11/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
11/06/2014 166064 CHARLESTON COUNTY FAMILY COURT 3316 451.50
101-0000-219.19-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 451.50
11/06/2014 166065 CIVICPLUS 3327 9,657.00
225-0000-415.43-30 10/28/2014 WEB DESIGN CONTRACT 151616 11/2014 7,257.00
270-0771-455.43-30 10/28/2014 NATURE CENTER HEADER PKG 151616 11/2014 1,200.00
609-9100-415.43-30 10/28/2014 LIQUOR STORE HEADER PKG 151616 11/2014 1,200.00
il/06./2014 166066 CLEAR RIVER BEVERAGE 3328 400.40
609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 400.40
11/06/2014 166067 DEFORGES PLUMBING, INC 4147 2, 000.00
101-0880-465.43-40 11/OS/2014 INSPECTIONS 1468 11/2014 2, 000.00
11/06/2014 166068 E.C.M. PUBLISHERS INC 5001 32,2g
101-0223-415.43-34 10/31/2014 LEGAL NOT-ACCURACY TEST 155244 11/2014 32.28
11/06/2014 166069 EXTREME BEVERAGE 5088 505.00
609-0�000-T83:{�0�-00 10/30/2014 OCT-MISC 11/2014 505.00
11/06/2014 166070 EMERGENCY RESPONSE SOLUTIONS,L 5103 217.81
101-0550-425.42-17 11/03/2014 SCBA SUPPLIES 2835 11/2014 217.81
N
A /06/2014 166071 FRIENDLY CHEVROLET,INC 6075 74.91
101-0000-144.00-00 10/31/2014 HOSE,GASKET 698402 11/2014 74.91
11/06/2014 166072 FRZDLEY FIRE RELIEF ASSOC - 6088 900.00
101-0000-219.15-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 900.00
11/06/2014 166073 FRIDLEY POLICE ASSOCIATION 6117 86.00
101-0000-219.22-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 86.00
11/06/2014 166074 TERESA FARIS 6142 90.00
227-0000-415.43-40 10/29/2014 CHORES/MORE 11/2014 90.00
11/06/2014 166075 FLEET PRIDE 6151 114 .08
101-0000-144.00-00 10/30/2014 BRAKE CHAMBER 64687211 11/2014 114.08
11/06/2014 166076 GOPHER STATE ONE-CALL INC 7013 471.25
601-7000-415.43-40 10/31/2014 OCT LOCATES 126147 11/2014 235.63
602-7000-415.43-40 10/31/2014 OCT LOCATES 126147 11/2014 235.62
11/06/2014 166077 GRAINGER 7041 36.20
101-0669-435.42-22 10/30/2014 CORD 9582154911 11/2014 36.20
11/06/2014 166078 GROTH SEWER & WATER 7146 1,700.00
101-0666-435.43-40 10/23/2014 REPLACE CURB BOXES 5879 11/2014 1,700.00
11/06/2014 166079 HYDRAULIC SPECIALTY CO 8031 5.30
609-9100-415.42-22 10/29/2014 SHAFT-CARDBOARD PACKER 09049951614 11/2014 5.30
PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 9
PROGRAM: GM350L
CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00
------------=-----------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
11/06/2014 166080 HENNEPIN COUNTY INFORMATION TE 8037 700.00
101-0332-415.43-30 10/29/2014 ASSESSOR EXCHANGE ACE FEE I000051163 11/2014 700.00
11/06/2014 166081 HOHENSTEINS INC 8068 9,255.94
609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 8,735.19
609-0000-157.00-00 10/30/2014 OCT-BEER 11/2014 520.75
11/06/2014 166082 HAWKINS INC 8093 3,487.25
601-7000-415.42-22 10/21/2014 WATER CHEMICALS 3657878 11/2014 2,662 .61
601-7000-415.42-22 10/29/2014 WATER CHEMICALS 3661687 11/2014 824.64
11/06/2014 166083 MARY HANNAH 8163 174.68
101-0770-455.42-21 10/30/2014 REIMB JAMS SUPPLIES 11/2014 24.68
101-0770-455.43-40 10/30/2014 SPEAKER 11/2014 150.00
11/06/2014 166084 INSTY-PRINTS 9027 93 .60
101-0770-455.43-35 10/29/2014 PRINT RECEIPTS,SCORE CRDS 100826 11/2014 93 .60
11/06/2014 166085 INTL ASSOC OF FIRE FIGHTERS - 9074 •90.00
101-0000-219.15-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 90.00
11/06/2014 166086 INDEED BREWING COMPANY,LLC 9100 81.00
N 609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 81.00
�
11/06/2014 166087 JOBS FOUNDATION / TECH DUMP 10099 8,103.19
237-0000-415.43-40 10/11/2014 FALL RECYCLING EVENT 26337 11/2014 8, 103.19
11/06/2014 166088 KATH FUEL OIL SERVICE 11014 2,248.00
101-0000-142.00-00 10/30/2014 OIL 485076 11f2014 2,248.00
11/06/2014 166089 KAY PARK-REC CORP 11024 4,230.00
101-0666-435.42-22 10/22/2014 PICNIC TABLES,TRASH REC 168251 11/2014 4,230.00
11/06/2014 166090 MARY KUKOWSKI 11112 37.49
101-0770-455.42-21 10/30/2014 JAMS SUPPLIES 11/2014 37.49
11/06/2014 166091 LEVANDER,GILLEN & MILLER, PA 12013 11,515.70
101-0222-415.43-30 10/31/2014 OCT ATTY FEES 11/2014 10, 057.70
101-0222-415.43-30 10/31/2014 ATTY FEES JLEC CONTRACT 11/2014 1,458.00
11/06/2014 166092 LAW ENFORCEMENT LABOR SERVICES 12022 1,575.00
101-0000-219.13-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 1,575.00
11/06/2014 166093 JENNIFER LEAF 12181 45.00
101-0770-455.43-40 10/29/2014 CHORES/MORE 11/2014 45.00
11/06/2014 166094 MIDWEST TESTING 13011 430.00
601-7000-415.43-40 10/22/2014 WATER METER TESTING 3367 11/2014 430.00
11/06/2014 166095 MINNESOTA SAFETY COUNCIL INC 13041 510.00
101-0770-455.42-21 10/31/2014 DEF DRIVING SUPPLIES 32161 11/2014 510.00
PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 10
PROGRAM: GM350L
CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION ZNVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
11/06/2014 166096 MINN DEPT OF PUBLIC SAFETY - D 13051 39.00
101-0550-425.42-21 10/31/2014 13 FIRE SPECIAL PLATES 11/2014 39.00
11/06/2014 166097 MINN DEPT OF PUBLIC SAFETY-ALC 13079 20.00
609-9100-415.43-31 11/O1/2014 BUYERS CARD LICENSE 4795,6528 11/2014 20.00
11/06/2014 166098 MINN CHILD SUPPORT PAYMENT CEN 13307 304.11
101-0000-219.19-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 304 .11
11/06/2014 166099 MEDIAWORKS ADVERTISING SOLUTIO 13446 500.00
609-9100-415.43-34 09/16/2014 ADVERTISING 11/2014 500.00
11/06/2014 166100 MANSFIELD OIL COMPANY 13472 8,429.57
101-0000-141.00-00 10/30/2014 FUEL 3065 11/2014 8,767.28
101-0000-141.00-00 10/30/2014 OVR PMT/CHRG CK#164816 712263 11/2014 337.71-
11/06/2014 166101 METRO BLOOMS 13474 3,259.00
603-7000-415.43-40 11/04/2014 WRKSHOP/DESIGN CONSULT 11/2014 3,259.00
11/06/2014 166102 MILLNER HERITAGE 13475 126.80
609-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 124 .80
609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 2.00
N
C� /06/2014 166103 M.T.S. SEATING 13476 6,365.02
101-0770-455.42-21 10/29/2014 CHAIRS FOR FFC 48127300 11/2014 6,365.02
11/06/2014 166104 NEWQUIST & HERRICK LAW OFFICES 14002 25,224 .08
101-0222-415.43-30 10/29/2014 NOV PROS ATTY FEES 11/2014 25,224.08
11/06/2014 166105 NEEDHAM DISTRIBUTING CO,INC 14116 567.10
609-0000-182.00-00 10/30/2014 OCT-BEER 227230 11/2014 567.10
1T/06/2014 166106 NAGELL APPRAISAL & CONSULTING, 14168 2,000.00
101-0332-415.43-30 11/04/2014 APPRAISAL REPORT 21843 11/2014 2,000.00
11/06/2014 166107 OPEN YOUR AEART 15011 25.00
101-0000-219.08-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 25.00
11/06/2014 166108 ON SITE SANITATION 15035 535.50
101-0666-435.43-41 10/21/2014 PORTABLE RESTROOMS 11/2014 535.50
11/06/2014 166109 PEPSI COLA BOTTLING CO 16007 268.30
609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 268.30
11/06/2014 166110 HUNTER HAMILTON 16029 774.38
601-6000-415:43-40 10/30/2014 UB TEMP EMPLOYEE 102962437 11/2014 774 .38
11/06/2014 166111 PAUSTIS & SONS 16034 2,397.21
609-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 2,240.71
PREPARED 11/06/2014, 15:46:13 . A/P CHECKS BY PERIOD AND YEAR PAGE 11
PROGRAM: GM350L
CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 35.75
609-9200-415.43-51 10/30/2014 OCT-FREIGAT 11/2014 3.75
609-0000-156.00-00 10/30/2014 OCT-WINE 11/2014 117.00
11/06/2014 166112 PRINT CENTRAL 16067 101_69
101-0881-465.43-35 10/28/2014 TOD MTG OPEN HOUSE 107076 11/2014 101.69
11/06/2014 166113 PACE ANALYTICAL SERVICE INC 16135 1, 692.00
603-7500-415_43-40 09/30/2014 SEDIMENT SAMPLES 14100077974 11/2014 1,692.00
11/06/2014 166114 PENN CONTRACTING 16174 9, 181.70
602-7500-415.43-40 10/31/2014 SEWER FORCEMAIN PROJ EST#3 11/2014 9,181.70
11/06/2014 166115 QUALITY REFRIGERATION SERVICE 17002 289.24
609-9200-415.43-40 10/30/2014 SERVICE CONTRACT/MAINT 8168 11/2014 289.24
11/06/2014 166116 REYNOLDS RAVE-WEAR 18017 64.00
270-0771-455.42-17 10/28/2014 STAFF LOGO ON SHIRTS 11/2014 64.00
11/06/2014 166117 THOMAS RODDY 18166 31.95
101-0440-425.43-37 10/31/2014 REIMB TRAINING LUNCHES 11/2014 31.95
11/06/2014 166118 ROOTSTOCK WINE COMPANY 18172 97.50
N 509-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 96.00
�1509-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 1.50
11/06/2014 166119 S & S TREE SPECIALISTS 19245 696.31
101-0666-435.43-40 10/22/2014 ROOT PRUNING 908389303 11/2014 696.31
11/06/2014 166120 STIMEY ELECTRIC 19255 5,974 .75
405-0005-415.43-40 10/28/2014 FIRE DEPT OUTSIDE LIGHTS 2437 11/2014 5,974 .75
11/06/2014 166121 STERICYCLE 19323 272 .49
101-0440-425.43-40 11/03/2014 QUARTERLY CHARGES 4005173617 11/2014 272 .49
11/06/2014 166122 STANTEC CONSULTING SERVICE, IN 19362 222.00
405-0005-415.43-30 10/29/2014 CONSULTING/ENG SERVICE 841233 11/2014 222.00
11/06/2014 166123 TOWMASTER, INC 20143 470.99
101-0000-144.00-00 10/26/2014 FENDER KIT V#573 362571 11/2014 470.99
11/06/2014 166124 UNITED WAY 21035 25.00
101-0000-219.08-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 25.00
11/06/2014 166125 U.S. DEPARTMENT OF EDUCATION 21066 218.76
101-0000-219.20-00 11/07/2014 PAYROLL SUMMARY 20141107 "� 11/2014 218.76
11/06/2014 166126 VADOS BAIT/FISHER 22001 39.62
270-0771-455.42-21 10/29/2014 BAIT 11/2014 39.62
11/06/2014 166127 VINOCOPIA, INC 22023 2,962.75
609-0000-180.00-00 10/30/2014 OCT-LIQUOR 11/2014 1,956.25
PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 12
PROGRAM: GM350L
CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
609-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 934.50
609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 72.00
11/06/2014 166128 VEIT CONTRACTING & CO INC 22038 438.00
101-0666-435.43-40 10/30/2014 DUMPSTER FOR TIMBERS PRKS 444666 11/2014 438.00
11/06/2014 166129 VAL-PAK OF MINNESOTA 22042 1,800.00
609-9100-415.43-34 10/30/2014 ADVERTISING 91551 11/2014 1,800.00
11/06/2014 166130 VOIGT'S BUS COMPANIES 22048 527.13
101-0770-455.43-33 10/30/2014 SR TRANSPORTATION 64571 11/2014 527.13
11/06/2014 166131 WINE COMPANY 23043 879.55
609-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 868.00
609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 11.55
11/06/2014 166132 WINE MERCHANTS 23045 1,041.60
609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 7.60
609-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 1,034.00
11/06/2014 166133 WIRTZ BEVERAGE MINNESOTA SEER, 23092 24,641.33
609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 18,700.00
609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 28.98
N 609-0000-157.00-00 10/30/2014 OCT-BEER 11/2014 5,900.00
00609-0000-158.00-00 10/30/2014 OCT-MISC 11/2014 12.35
11/06/2014 166134 XCEL ENERGY 24002 26•$�
101-0666-435.43-38 11/24/2014 UTILITIES 432654394 11/2014 26.87
11/06/2014 166135 YALE MECHANICAL INC 25003 4, 909.29
601-7000-415.43-40 10/29/2014 BOILER INSPECTION 154365 11/2014 399.63
101-0660-415.43-40 10/29/2014 SEPT MAINT 152855 11/2014 4,509.66
11/06/2014 166136 ZIEGLER INC 26006 1,560.00
101-0666-435.43-41 10/29/2014 COMPRESSOR-PRKS IRRIGATN E9292901 11/2014 1,560.00
11/06/2014 166137 Z WINES USA 26012 134.50
609-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 132.00
609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 2.50
11/06/2014 166138 TODD ZIMBA 26024 22•25
227-0000-415.43-40 10/31/2014 CHORES/MORE 11/2014 22.25
11/06/2014 166139 STOMMES, RONALD 99999 231.12
601-0000-245.00-00 11/03/2014 UB CR REFUND-FINALS 11265-454540 11/2014 231.12
11/06/2014 166140 JAWORSKI, TONY & SANDRA 99999 76.36
601-0000-245.00-00 11/03/2014 UB CR REFUND-FINALS 108505-466550 11/2014 76.36
11/06/2014 166141 VICKERMAN, KAMI 99999 49.10
601-0000-245.00-00 11/03/2014 UB CR REFUND-FINALS 166255-516830 11/2014 49.10
PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 13
PROGRAM: GM350L
CITY OF FRZDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
11/06/2014 166142 ELIZABETH LITERSKI 2014401 25.00
101-0000-347.92-51 10/30/2014 REC REFUND 11/2014 25.00
11/06/2014 166143 AMANDA SHIKDER 2014614 25.00
101-0000-347.92-51 10/30/2014 REC REFUND 11/2014 25.00
11/06/2014 166144 LISA WILLING 2014791 25.00
101-0000-347.92-51 10/30/2014 REC REFUND 11/2014 25.00
DATE RANGE TOTAL * 473,222.65 *
N
�
_ � CITY COUNCIL MEETING OF
���`� NOVEMBER 10, 2014
BUSINESS LfCENSE LIST
Tree Trixnming Asplundh Tree Expert Co Public Safety Director
4501 103`�Ct NE, Ste 180 Public Works Director
Circle Pines,MN
Applicant Charles Gill
Christmas Tree Sales Home Depot Planning
5650 Main Street NE Fire Marshal
Applicant:Dennis A.Petersen Public Safety Director
Bachman's Inc
8200 University Ave NE
Applicant Richard Miervac,Buyer
Menards
5351 Central Ave NE
Applicant: Scott E McKenzie,GM
30
— AGENDA ITEM
�
cFri�ey CITY COUNCIL MEETING OF NOVEMBER 10, 2014
LICENSES
Contractor T e A licant A roved B
Practical S stems HVAC Drew Hill Ron Julkowski, CBO
uali Trusted Commercial Roofin A1 ssa McMahon Ron Julkowski,CBO
Just Us Construction&Restoration Commercial of Marcus Thomford Ron Julkowski,CBO
S ecial
Integrity Home Improvements Commercial or Brian Mayer Ron Julkowski, CBO
S ecial
Gene's Water& Sewer Excav Eric Peterson Ron Julkowski, CBO
Lero Si s Inc Si Ral h Reiter Ron Julkowski, CBO
Westair Inc HVAC Lisa L ch Ron Julkowski, CBO
Le end Mechanical HVAC Lisa Smith Ron Julkowski,CBO
31
�� AGENDA ITEM
�
c;ry°` CITY COUNCIL MEETING OF NOV 10, 2014
Fridley
LICENSES
To: Walter T. Wysopal, City Manager
Mayor and City Council
From: Scott Hickok, Community Development Director
Deb Biorn, Rental Property Inspections
Date: November 5, 2014
Re: Annual Renewal of Licenses
AGENDA ITEM
CITY COUNCIL MEETING
Attached is a list of 71 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.
32
Ready for Certificate
The properties listed below meet the rentai property guidelines according to Chapter 220 of the Fridley City Code
Property Id Property Add�ess Units Owner
1260 1441 73rd Ave. NE 18 Bradley G. Dunham
1332 1200 Cheri Ln. NE 18 Skywood Apt/Cedar Mgmt
1333 1230 Cheri Ln. NE 18 Skywood Apt/Cedar Mgmt
1334 1260 Cheri ln. NE 18 Skywood Apt/Cedar Mgmt
1335 1290 Cheri Ln. NE 18 Skywood ApUCedar Mgmt
2025 �4851 2 1/2 St. NE 1 Doug & Ruth Bachorik
1968 1601 N Innsbruck Dr. (325) 1 Pradip Gupta
2272 1601 N Innsbruck Dr. (209) 1 Sean Keatts
1044 5800 East River Rd. 42 Georgetown Court Apartments
1045 5820 East River Rd. 42 Georgetown Court Apartments
1046 5840 East River Rd. 42 Georgetown Court Apartments
1047 5860 East River Rd. 42 Georgetown Court Apartments
1054 150 Island Park Dr. NE 12 Island Park Trail, LLC
1061 5960-80 Anna Ave. NE 34 Riverwood Rentals, LLC
1077 5950 East River Rd. 12 Guy Properties
1118 5980 2nd St. NE 4 Tenzin Tsetan
1123 6541 2nd St. NE 6 James &Jean Johnson
1135 5035 3rd St. NE 6 Milton Carlson
1168 5600-06 4th St. NE 4 Rory Bluhm
1188 390 57th PI. NE 4 Daniel O'Neil
1202 6232-34 5th St. NE 2 RESM
2106 1514 N Timberidge NE 1 Mohamed Yakout
1254 1250 72nd Ave. NE 30 Bailey Enterprises, Inc.
1263 1581-83 73rd Ave. NE 2 Gary Muske
1264 1591-93 73rd Ave. NE 2 Gary Muske
1270 370-372 74th Ave. NE 2 Jugal Agarwal
1274 181 79th Way NE 8 John Gutmanis
1275 211 79th Way NE 8 John Gutmanis
1276 231 79th Way NE 7 John Gutmanis
1298 7339-41 Able St. NE 2 7339 Able St LLC
1299 7349-51 Able St. NE 2 Mark& Stacy Lekson
1303 7417-19 Able St. NE 2 Todd Fuechtmann
1338 6551 East River Rd. 11 Otty Properties
1352 1301-03 Fireside Dr. NE 2 Gary Muske
1363 6341-43 Hwy 65 NE 10 1031 Sunrise Properties LLC
1365 6379 Hwy 65 NE 8 Julida, lLC
1371 6670-90 Lucia Ln. NE 48 Lucia Lane Apartments, LLC
1378 1532 S Timber Ridge 1 Alexander Rubakh
1465 5949 6th St. NE 1 PK Investments Properties
1531 5751 W Moore Lk Dr. NE 1 Gerry Gerochi
1540 1250-60 Mississippi St. NE 3 Gerald &AVesia Peh1
1585 5740 4th St. NE 1 TVE 5740
1598 5972 6th St. NE 1 Brad & Mary Carlson
1609 1486 73 '/Ave. NE 1 Tim Van Auken
1648 5514 Meister Rd. NE 1 William &Stacy Bauer
1656 5210 Pierce St. NE 1 ZSR Properties
1661 7340 Jackson St. NE 1 Margaret A. Brough Trust
1670 137 Talmadge Way NE 1 Arnold & Nola Gilbertson
1675 1601 N Innsbruck Dr. (388) 1 Fountain Oaks Properties
1691 1585 S Bavarian Pass 1 Yvonne& Randall Waters
1706 5540 E Bavarian Pass 1 Phyllis A. Reha
1709 1104 Hackmann Circle NE 1 Lowell Wolter
1720 7320 Lyric Ln. NE 1 Shirley NG
1742 1513 N Innsbruck Dr. 1 PK Investments Properties
1777 55�4 Lafayette St. NE 1 JYM Properties, LLC
1837 1601 N Innsbruck Dr. (208) 1 William & Stacy Bauer
33
1839 290 58th Ave. NE 1 Amy L. Snow
1898 1516 Trapp Ct. NE 1 Hilary Handahl
1940 5431 E Brenner Pass 1 Whiteridge Properties, LLC
1944 1560 60th Ave. NE 1 Alison Romstad
1957 737 Bennett Dr. NE 1 Tony&Alison Stinar
1965 1601 N Innsbruck Dr. (375) 1 John R Wasik
2121 1531 S Timber Ridge 1 Jenny & Daniel Gough
2124 5734 4th St. NE 1 Karen Capistran
2129 5787 Central Ave. NE 1 Le Nguyen GLT Prop. LLC
2134 7416 Able St. NE 1 Dennis R. Foster
2139 1601 N Innsbruck Dr. (155) 1 June Broostin
2140 136 Christenson Ct. NE 1 Amaranto Capital Partners
2200 1601 N Innsbruck Dr. (367) 1 AI Ogdie
2204 5506 W Bavarian Pass NE 1 Xiang Ding
2222 1601 N Innsbruck Dr. (276) 1 Matt Halberg
Total Certificates: 71
page 2 of 2
34
� AGENDA ITEM
�
�"°J CITY COUNCIL MEETING OF NOVEMBER 10, 2014
Fridley
ESTIMATES
Astech Corporation, Inc.
P.O. Box 1025
St. Cloud, MN 56302
2014 Street Rehabilitation
Project No. ST2014-01
EstimateNo. 6 ........................................................................................ $ 61,031.85
Penn Contracting, Inc.
13025 Central Avenue
Suite 200
Blaine, MN 55434
2013 Watermain Project No. 427 and
Sewer Forcemain Project No. 433
EstimateNo. 3 ....................................................................................... $ 9,181.70
Blackstone Contractors, LLC
7775 Corcoran Trail East
Corcoran, MN 55340
Oak Glen Creek Erosion Control
Project No. 380
EstimateNo. 6 ....................................................................................... $ 4,736.23
35
��► AGENDA ITEM
. �
�` �� CITY COUNCIL MEETING OF
Fridley
NOVEMBER 10 2014
To: Walter T. Wysopal, City Manager`��:
From: Debra A. Skogen, City Clerk �
Moranda Zimmer, City Management and Elections Intern
Date: October 7,2014
Re: Public Hearing on an Ordinance Amending the Fridley City Charter, Chapter 7.
T�ation and Finances, Section 7.04 Prepararion of Annual Budget and Section 7.05
Passage of Budget
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.
The change was made at the legislature 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 were due. By extending this deadline to September
30�, the fiscal disparities information can be provided in a timelier manner to a11ow the counties
and cities to submit a more accurate levy. This later date is also consistent with the schools
deadline.
Back�round and Anal�
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 legislative change with the City Council. Fridley City Charter Sections 7.04-7.05 require the
proposed budget and property taa� levy must be submitted to the City Co�uicil 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 preliminaxy 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.
36
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. 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 after publication.
Based on this information, a resolution was adopted on October 13, 2014, 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. The public
hearing notice was published in the Fridley Sun Focus on October 24, 2014, providing for the two
week notice required by state law.
Recommendation:
Staff recommends a motion to hold the public hearing on an Ordinance Amending the Fridley City
Charter, Chapter 7. T�ation and Finances, Section 7.04 Preparation of Annual Budget and Section
7.05 Passage of Budget, as shown in Attachment 1.
37
Attachment 1
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CI3ARTER CI3APTER 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 Taacation 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 shall 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 a�s�
in accordance with Minnesota State Law, and shall be
published twice in summary in the official publication prior to November 1 S. (Ref. Ord. 625,
Ord. 946)
SECTION 7.05. PASSAGE OF THE BUDGET
The budget shall be a principal item of business at
a regular meetin ig�n September.�The Council shall hold subsequent
meetings from time to time until all the estimates have been considered. The meetings shall be so
conducted as to give interested citizens a reasonable amount of time in which to be heard;and an
opportunity to ask questions�rior to�assa�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. T'he annual budget finally agreed upon shall 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
sha11 indicate the sums to be raised and from what sources, and the sunns to be spent and for what
38
Ordinance No. Page 2
purposes, according to the plan indicated in Section 7.04.The total sum appropriated shall not
exceed the total estimated revenue. The 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. 946)
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 Notice: October 24, 2014
Public Hearing: November 10,2014
First Reading:
Second Reading:
Publication:
39
- AGENDA ITEM
'����'' CITY COUNCIL MEETING OF
� Fridley
NOVEMBER 10, 2014
DATE: November 5,2014
TO: Wally Wysopal,City Manag,��:�''—" ;
FROM: Scott J. Hickok, Community Development Director
SUBJECT: Public Hearing -Detachment/Annexation of Property called,John Erickson
Park, Osborne Road
Introduction
In June of this year, 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,reseazch 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. At that same time staff began discussing the concept of detaching
one other piece of property that would make more sense if it were in Spring Lake Park's land
inventory, rather than Fridley's. That piece of property is called, John Erickson Park and is a small
trapezoidal piece of property at the south-west corner of Spring Lake (along Osborne Road). If the
Park and Recreation Commission will concur the ultimate Fridley response would come from the
Fridley Council by passing a resolution consenting to the detachment. If appropriate after the
Commission's discussion and recommendation, staff will have the resolution ready for the November
10, 2014 Council agenda. Spring Lake Park's City Administrator has discussed their annexation of
this parcel and concur with our actions if we choose to detach, they will attach.
Elements
Our City Attorney and City Staff have reviewed the statutes regarding detachments and annexation.
Though there are 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 Buchholtz, 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.
40
Why Detach?
Why would this detachment be something for us to consider? Simply put, the City of Fridley
maintains a portion of this park land but does not realize any enjoyment of their.portion of the park as
it is a relatively small piece and has almost entirely been taken back by volunteer growth. There is a
very nice beach area for people who want to enjoy the lake for swimming. The Fridley portion of the
lake is not recommended for swimming. In fact,there are signs warning of broken glass that
encourage no swimming. Even more simply put....this piece will help make Spring Lake's Park's Park
more complete and will relieve the City of Fridley of a remnant pazk parcel that does not serve to
enhance the City's park inventory.
Property Owners
In 1970, representatives for the donors of the property asked that the land be called,John Erickson
Park for a period of not less than 10 years. The City had fulfilled its obligation to do so by August
of 1980. The City of Spring Lake Park intends to continue using this property as it has been as
passive open park land,but they now will be under no obligation to keep the name John Erickson
Park.
Public Works Comments
There may 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 Buchholtz, was open to the idea of that detachment annexation as well and agreed that
now would be the time to make that change happen.
Park and Recreation Commission Recommendation
Parks and Recreation Director, Jack Kirk, discussed this item with the Parks and Recreation
Commission at their November 3, 2014 Commission Meeting. After a healthy discussion,the
Commission unanimously recommended approval of the detachment action. The Commission did
express a desire to make certain that the City of Spring Lake Park recognizes the glass issue
regarding this park detachment. They did not want the City of Spring Lake Park to be surprised.
Staff Recommendation
Staff recommends approval of the attached resolution as presented(on legislation item, later in the
agenda).
Next Steps:
The City of Spring Lake Park will consider a Resolution to annex these parcels at their second
meeting in November. Spring Lake Park Administrator Buchholtz, will then submit both City's
Resolutions to the State Board of Annexation for their approval. Their decision would happen
before 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.
41
- AGENDA ITEM
'"n����" CITY COUNCIL MEETING OF
�.' Fridley
NOVEMBER 10, 2014
DATE: November 6,2014
TO: Wally Wysopal, City Manag%��C/
FROM: Scott J. Hickok, Community Development Director
SUBJECT: RESOLUTION-Detachment/Annexation of John Erickson Park, Osborne Road
Introduction
That response to the Public Hearing regarding the detachment of John Erickson Park would require
that the Fridley City Council pass a resolution consenting to the detachment. Staff recommends
approval of the attached resolution.
Recommendation
Staff recommends approval of the attached resolution as presented.
Next Steps:
The City of Spring Lake Park will consider a Resolution to annex these parcels at their second
meeting in November. Spring Lake Pazk Administrator Bucholtz, will then submit both City's
Resolutions to the State Board of Annexation for their approval. Their decision would happen
before 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.
42
RESOLUTION NO.2014-
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�chibit"A" attached hereto and incorporated herein
is approximately 3.4 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, The City of Fridley's Representatives have spoken with the City of Spring
Lake Park and they desire to utilize the property as it has been historically, for passive park
enjoyment; and
WHEREAS,the City of Fridley has fulfilled its obligations to keep this land as park, and
named John Erickson Park for a minimum of 10 years; and
WHEREAS,the City of Fridley desires to detach and the City of Spring Lake desires to
attach the land formerly known as John Erickson Park and legally described in Exhibit "A"; 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 Park 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.
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
43
Hearings/Municipal Boundary Adjustments, may review and comment, but shall,
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 Fridley this l Oth day of November,
2014.
APPROVED BY:
Mayor
ATTEST:
City Clerk
44
EXHIBIT A
LEGAL DESCRIPTION
Plat#53912, Parcel #30
Part of the NE 1/4 of the NE 1/4 beginning at the NE corner of Section 12,then W along the N
line of said section 12, 962.57 ft. to the intersection with Nly line of Lakeview Road-then SEIy
along Nly line of Lakeview Road -then SEIy along Nly line of Lakeview Road a distance of
670.25 feet, then Ely and continuing along the Nly line of Lakeview Road 335.6 feet to E line of
section 12, then N along the E line of said section 12, 211.95 ft. to point of beginning -except
tract to Hidden#100 - Subject to right of way of St. Paul Waterworks - Section 12-30-24
Generally described as:
Part of that area north of Osborne Road, South of the lake,west of Stinson Blvd
45
EXHIBIT B
MAP OF CONCURRENT DETACHMENT/ANNEXATION
-- ' --- � �.�_l�_l_.J__LL_�l_1�..�''_ , =.-"
LAKFVIEWLNNE ``w;� � ,.---'"'� ��` LAKESIQE
� �.__�- � � � -�-�� �...-.�"-�`�r�-'-�`'� ��� � LtQ�1S��PARK
� + �-,
_____r-+�__
� -��-� ��__ - _.�---�"-
� i i» �, � .r---"""'_- ��
:����`�°�p i�g-�:;a�e`�';ark . �-��
a .__��L_-�.._.., Tr1T i I7T I 1�� .--- <�L� �-f;'%:
--� `� 'y , ------SPRJNG
� — ---__� ,,•'s�.,,� ._
� --- . , . LAKE
_._...._ ���� ���� -� J ' .. .
-- � To be Annexed to Spring Lake T �
-T i� �'� � �
� ; � ___� _
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" '--( � :!-=�='-==...`o`. _ �os���rve R�n�e.� � _ -
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_����� ._� �__1_ �_� �----;� �--.�`�:�.._.._._.
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4`�. . /l �e.' i �,'�; ._._. '�'.��� . . . F ��t
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f � ? I � t � a_ �a--+—� rs'rri-r�ve_. .
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— --�_ ��_ �L�� t ; i � ' -� C'--!_ _�4� ��o;— {- - � - c
�aT�n�rc uK i0. lj ��i >
46
_ AGENDA ITEM
�et^�rr CITY COUNCIL MEETING OF
Fridiey
November 10, 2014
To: Mayor and City Council
From: Walter T. Wysopal, City Manager`G��
Date: November 6, 2014
Re: Resolution Receiving the Proposal for Organized Residential Solid Waste Collection
by Districts and setting an Informational Open House, and setting a Public Hearing
and ordering publication for Organized Refuse Collection by District.
Introduction
Representatives of the City and of the five licensed residential refuse haulers will have concluded
negotiations for organized residential refuse collection by district in the City of Fridley on the
morning of November 10. At the conclusion of this final meeting the haulers and City will release
the proposal to the Council and public. This proposal represents the best efforts of the haulers and
the City.
As we follow the process prescribed by state law, a public hearing must be set for purposes of
gathering public comment on the proposal prior to formal Council action. No action will be taken to
accept or reject the proposal until after a public hearing is conducted(December 8, 2014). The
Council may take action the night of the public hearing or sometime thereafter.
This memo is intended only to transmit the due process procedures required by law. It does not
provide an analysis of the merits of the proposal. Such analysis will be presented to Council at the
November 10 workshop followed by an informational open house for the public on November 20
and a public hearing on December 8.
Back�round and Anal�
On December 2, 2013, acting on a recommendation from the Environmental Quality and Energy
Commission the Fridley City Council initiated the process specified under State Statute M.S.
115A.94 for considering organized collection of residential solid waste. A total of 24 negotiations
sessions were conducted. All five refuse haulers attended 100%of the meetings. The haulers
represented the interests of their business and City officials represented the interests of the City. The
negotiations were conducted according to the open Meeting Law and the Organized Hauling
Statutes. Consequently, the meetings were private and not open to the public as the haulers were
discussing issues that could be considered trade secret. The fruits of the negotiations were also
private until released after the final negotiation session set for the morning of November 10.
47
The negotiations were conducted in good faith and terms of fair play equal representation guided
the interests of all the parties. The tone at the meetings was positive despite addressing difficult
issues. And, behaviors always lead to productive outcomes. The negotiations took 11 months
because we desired to include the perspectives of five separate businesses. The Statute requires a
negotiation period of 60 days and is seen as a minimum. But,the haulers and the City were more
focused on desirable outcomes than an expeditious process. This overriding approach to the
process served both sides well. As a result,there were no stoppages, delays or impasses to the
process. There are no hold-out issues to the proposal that would need to be revisited. Both parties
have agreed in principle to abide by the terms of the agreement should it be adopted by the City
Council without renegotiation. In other words, the proposal is acceptable to both negotiations
parties and the parties do not anticipate the need to return to the negotiation table. As such, both
the City negotiations team and the haulers agree the proposal is ready for public consumption
and debate and final disposition by the City Council.
The Council is therefore considering the following:
• Receive the proposal for organized residential refuse hauling by district in the City of
Fridley(To be provided on November 10)
• Set an informational open house for Thursday November 20 at the Municipal Center
beginning at 6:00 PM
• Set the Public Hearing for consideration of the proposal for Monday December 8, 2014
• Authorize publication of the Public Hearing in the official newspaper for November 20,
2014.
Recommendation
It is recommended the City Council adopt the attached Resolution setting the Public hearing for
considering Organized Residential Refuse Collection by District for Monday December 8, 2014
and direct publication in the City's Official Newspaper on November 21, 2014, and directing an
informational meeting for November 20�'.
48
RESOLUTION NO. 2014 -
A RESOLUTION RECEIVING A PROPOSAL FOR ORGA1vIZED RESIDENTIAL
REFUSE COLLECTION BY DISTRICTS AND SETTING INFORMATIONAL
MEETING FOR NOVEMBER 20,2014 AND A PUBLIC HEARING FOR DECEMBER 8,
2014 AND DIRECTING PUBLICATION OF HEARING NOTICE
WHEREAS State Statute M.S. 115A.94 provides a process for cities to consider transferring
from an open refuse collection system to one which is organized; and
WHEREAS, on December 2, 2013, acting on a recommendation from the Environmental Quality
and Energy Commission the Fridley City Council initiated the State proscribed process; and
WHEREAS,the City of Fridley was represented at the negotiations by its management staff and
the refuse companies represented their individual business interests which included Ace Solid
Waste, Inc.; LePage & Sons; Republic Services; Walters Recycling and Refuse; and Waste
Management WI/MN; met and negotiated the terms and conditions of a proposed organized
collection system for the City of Fridley; and
WHEREAS,the five refuse companies and the City representatives met on 24 separate occasions
over a period of 11 months to negotiate the terms and conditions of a proposal.
WHEREAS, on November 10, 2014 the refuse companies and the City representatives reached
agreement on the terms of a final proposal; and
NOW, THEREFORE BE IT RESOLVE, that the Fridley City Council hereby receives the
proposal for organized residential refuse collection by districts for the City of Fridley to review
and analyze and consider for approval.
BE IT FURTHER RESOLVED that the Fridley City Council hereby schedules a public hearing ,
on the proposal for December 8, 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.
BE IT FURTHER RESOLVED that the Fridley City Council hereby schedules a public
informational meeting for Thursday November 20,2014 so the public may become familiar with
the proposal.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
lOTH DAY OF NOVEMBER 2014.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
49
� AGENDA ITEM
`�,�� CITY COUNCIL MEETING OF
NOVEMBER 10, 2014
TO: Walter T. Wysopal, City Manager PW14-053
FROM: James P. Kosluchar, Public Works Director
DATE: November 7, 2014
SUBJECT: Development Contract with Northern Stacks I LLC for Northern Stacks
This item is related to the construction of public improvements associated with the
Northern Stacks development. As part of the development of the property and platting
of parcels internal to the development,the developer is required to provide utilities and
access within newly established provide public right-of-way of Northern Stacks Court.
This includes construction of public improvements including asphalt roadway, curb and
gutter, signage and striping, storm sewer, water main, and sanitary sewer main to be
turned over to the City of Fridley for future maintenance.
The filing of the plat for Northern Stacks is contingent upon approval of this
Development Contract. This contract has been approved by City staff and the City
Attorney. The contract stipulates the requirements for construction, warranty of
improvements,
The developer has constructed a good portion of the public improvements already in full
accordance with this agreement at the developer's own risk in order to accommodate
his accelerated timeframe for development completion. Staff has been monitoring the
construction appropriately during this work.
The development contract includes reference to agreements associated with
stormwater maintenance for Lots 1 and 2, and an environmental indemnification
agreement, also approved by City staff and the City Attorney.
Staff requests that the City Council adopt the attached resolution which was
prepared by the City Attorney.
JPK/jpk
Attachments
50
CITY OF FRIDLEY
ANOKA COUNTY,MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING,AUTHORIZING EXECUTION AND RECORDING OF
THE DEVELOPMENT CONTRACT,TWO STORM WATER MAINTENANCE
AGREEMENTS AND AN ENVIRONMENTAL INDEMNIFICATION AGREEMENT
RELATING TO THE IMPROVEMENT OF REAL PROPERTY LOCATED AT 4880
EAST RIVER ROAD IN FRIDLEY,MINNESOTA
WHEREAS, Fridley Land LLC owns real property located at 4880 East River Road,
Fridley,Minnesota, described on the attached Exhibit A (Real Property);
WHEREAS, the Real Property is identified as tax parcels 27-30-24-13-0002 and 27-30-
24-42-0002;
WHEREAS, Fridley Land LLC will be conveying Lot 1, Block 1, Northern Stacks to
Northern Stacks I LLC upon the platting of the Real Property;
WHEREAS, Fridley Land LLC, Northern Stacks I LLC and the City desire to record
various documents against the Real Property to address and memorialize the parties' agreements
identified below as it relates to the development and improvement of the Real Property:
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City ofFridley:
1. The City Council hereby approves and authorizes the Mayor and City Manager to
execute the Development Contract, two Storm Water Maintenance Agreements, and
an Environmental Indemnification Agreement for the Real Property, legally described
in Exhibit A identified as Tax Parcel No. 27-30-24-13-0002 and 27-30-24-42-0002;
and
2. The City Council hereby approves the recording of the Development Contract, Storm
Water Maintenance Agreements and Environmental Indemnification Agreement
against the Real Property, legally described in Exhibit A and identified as Tax Parcel
No. 27-30-24-13-0002 and 27-30-24-42-0002.
3. The City Council authorizes City staff to record the Development Contract, Storm
Water Maintenance Agreements, and Environmental Indemnification Agreement
against the Real Property legally described in Exhibit A and identified as Tax Parcel
No. 27-30-24-13-0002 and 27-30-24-42-0002.
51
Passed and adopted by the City Council of the City of Fridley this 10�'day of November, 2014.
Scott Lund,Mayor
ATTEST:
Debra Skogen, City Clerk
52
INDEX TO CITY OF FRIDLEY
DEVELOPMENT CONTRACT
RECITALS
ARTICLE 1 -DEFINITIONS
1.1 Terms
1.2 City
1.3 Developer
1.4 Owner
1.5 Plat
1.6 Development Plans
1.7 Development Contract
1.8 Council
1.9 PWD
1.10 Director of PWD
1.11 County
1.12 Other Regulatory Agencies
1.13 Utility Companies
1.14 Prior Easement Holders
1.15 Developer Improvements
1.16 City improvements
1.17 Developer Public Improvements
1.18 Developer Default
1.19 Force Majeure
2
55
1.20 Developer and Owner Warranties
A. Authority
B. No Default
C. Present Compliance With Laws
D. Continuing Complianc�With Laws
E. No Litigation
F. Full Disclosure
G. Plat Compliance
H. Warranty On Proper Work And Materials
I. Obtaining Permits
J. Fee Title
1.21 City Warranties
A. Organization and Authority
1.22 Formal Notice
1.23 Escrow
1.24 Engineering Escrow
ARTICLE 2-PLAT APPROVAL
2.1 Plat Approval
2.2 Plat Density
2.3 Recording of Plat
3
56
ARTICLE 3-CITY IMPROVEMENTS
3.1 City Improvements
ARTICLE 4-DEVELOPMENT IMPROVEMENTS
4.1 Developer Improvements
4.2 Ground Material
4.3 Grading-Drainage Plan And Easements
4.4 Public Rights-of-Way and Easement Maintenance,Access and Repair
4.5 Occupancy
4.6 Driveways And Parking Lots
4.7 Vegetation
4.8 Landscaping
4.9 Erosion Control
ARTICLE 5-PARK DEDICATION AND CONTRIBUTION REQUIItEMENTS
5.1 Park Dedication And Contribution
ARTICLE 6-OTHER PERNIITS
6.1 Permits
ARTICLE 7-OTI�R DEVELOPMENT REQUIREMENTS
7.1 Miscellaneous Requirements
ARTICLE 8-DEVELOPER PUBLIC IMPROVEMENTS
8.1 Approval of Contractors and Engineer
8.2 Construction
8.3 Inspection
8.4 Faithful Performance of Construction Contracts
4
57
8.5 City Acceptance
8.6 Engineering Submittals Required
ARTICLE 9-RESPONSIBILITY FOR COSTS
9.1 Developer Improvement Costs
9.2 Enforcement Costs
9.3 Time of Payment
ARTICLE 10-DEVELOPMENT WARRANTIES
10.1 Statement of Developer and Owner Warranties
ARTICLE 11 -CITY WARRANTIES
11.1 Statement of City Wananties
ARTICLE 12-INDEMNIFICATION OF CITY
12.1 Indemnification of City
ARTICLE 13-CITY REMEDIES UPON DEVELOPER DEFAULT
13.1 City Remedies
13.2 No Additional Waiver Implied By One Waiver
13.3 No Remedy Exclusive
13.4 Emergency
ARTICLE 14-ESCROW DEPOSIT
14.1 Escrow Requirement
14.2 Escrow Release And Escrow Increase; Developer Improvements
ARTICLE 15-MISCELLANEOUS
15.1 City's Duties
15.2 No Third Party Recourse
5
58
15.3 Validity
15.4 Federal Agencies
15.5 Recording
15.6 Binding Agreement
15.7 Contract Assignment
15.8 Amendment And Waiver
15.9 Governing Law
15.10 Counterparts
15.11 Headings
15.12 Inconsistency
15.13 Access
ARTICLE 16-TERM
16.1 Term
EXHIBIT A- Legal Description Of Plat
EXHIBIT B- List of Development Plans
EXHIBIT C- Developer Improvements
EXHIBIT D - City Improvements
EXHIBIT E- Miscellaneous Requirements And Conditions Imposed By The City
EXHIBIT F- Escrow Calculation
6
59
CITY OF FRIDLEY
DEVELOPMENT CONTRACT
FOR NORTHERN STACKS, PHASE I
THIS AGREEMENT, made and entered into on the_day of , 20_, by
and among the CTTY OF FRIDLEY, a municipality of the State of Minnesota, (hereinafter called
the CITY),and the OWNER and DEVELOPER identified herein.
RECITALS:
WHEREAS,the DEVELOPER has applied to the CITY for approval of the PLAT;
WHEREAS, the DEVELOPER has applied to the CTTY for approval of the
DEVELOPMENT PLANS associated with the PLAT;
WHEREAS, in conjunction with the granting of these approvals, the CITY requires the
installation of roadway inclucting asphalt paving, concrete curb and gutter, striping, signage, and
appurtenances, traffic signals, trail connections, water main, sanitary sewer main, storm sewer,
storm water management systems, and landscaping;
WHEREAS,under authority granted to it, including Minnesota Statutes Chapters 412, 429,
and 462, the COUNCII. has agreed to approve the PLAT and DEVELOPMENT PLANS on the
following conditions:
1. That the DEVELOPER enter into this DEVELOPMENT CONTRACT, which
contract defines the work which the DEVELOPER undertakes to complete;and
2. The DEVELOPER shall provide an ESCROW in an amount and with conditions
satisfactory to the CITY, providing for the actual construction and installation of such
improvements within the period specified by the CITY.
WHEREAS,the DEVELOPER has filed three (3) complete sets of the DEVELOPMENT
PLANS with the CITY;
WHEREAS,the DEVELOPMENT PLANS have been prepared by a professional engineer
licensed in the State of Minnesota and have been submitted to and approved by the DIRECTOR OF
PWD.
NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT
CONTRACT and in reliance upon the representations, warranties and covenants of the parties
herein contained,the CITY,OWNER and DEVELOPER agree as follows:
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ARTICLE 1
DEFINITIONS
1.1 TERMS. The following terms, unless elsewhere defined specifically in the
DEVELOPMENT CONTRACT, shall have the following meanings as set forth below.
1.2 CITY. "CITY"means the City of Fridley,a Minnesota municipal corporation.
1.3 DEVELOPER. "DEVELOPER"means Northern Stacks I LLC and its successors
and assigns.
1.4 OWNER. "OWNER" means individually and collectively Northern Stacks I LLC
for purposes of Lot 1 of the PLAT and Fridley Land LLC for purposes of Lot 2 of the PLAT and
their respective successors and assigns.
1.5 PLAT. "PLAT" means the portion of the approved final plat of Northern Stacks
comprising a portion of the real property located in Fridley, Anoka County, Minnesota and legally
described on the attached Exhibit A.
1.6 DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all those plans,
drawings, specifications and surveys identified and checked on the attached Exhibit B, reviewed
and approved by the CITY and hereby incorporated by reference and made a part of this
DEVELOPMENT CONTRACT.
1.7 DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT" means this
instant contract by and among the CITY,OWNER and DEVELOPER.
1.8 COIJNCIL. "COiJNCIL"means the Council of the City of Fridley. .
1.9 PWD. "PWD"means the Public Works Department of the City of Fridley.
1.10 DIRECTOR OF PWD. "DIRECTOR OF PWD" means the Director of the
Public Works Department of the City of Fridley and his or her delegates.
1.11 COUNTY. "COLJNTY"means Anoka County, Minnesota.
1.12 OTI�R REGULATORY AGENCIES. "OTI�R REGULATORY AGENCIES"
means and includes,jointly and severally,the following:
a.) Minnesota Department of Transportation
b.) Anoka County
c.) Anoka County Highway Department
d.) Minnesota Department of Health
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e.) Minnesota Pollution Control Agency
f.) State of Minnesota
g.) Minnesota Department of Natural Resources
h.) Army Corps of Engineers
i.) Metropolitan Council
j.) Watershed District(s);
k.) Watershed Management Organization
1.) Environmental Protection Agency
m.) Any other regulatory or governmental agency or entity affected by,
or having jurisdiction over the DEVELOPER IMPROVEMENTS.
1.13 UTILITY COMPA1vIES. "UTILITY COMPANIES" means and includes,jointly
and severally,the following:
a.) utility companies, including electric, gas and cable;and
b.) pipeline companies.
1.14 PRIOR EASEMENT HOLDERS. "PRIC)R EASEMENT HOLDERS"means and
includes,jointly and severally, all holders of any easements or other property interests which existed
prior to the grant or dedication of any public easements transferred by the PLAT or transfened
pursuant to this DEVELOPMENT CONTRACT.
1.15 DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS" means
and includes,jointly and severally, all the improvements identified in Article 4 and on the attached
Exhibit C.
1.16 CITY IMPROVEMENTS. "CITY IlVIPROVEMENTS" means and includes,
jointly and severally,all the improvements identified and checked on the attached Exhibit D.
1.17 DEVELOPER PUBLIC IMPROVEMENTS. "DEVELOPER PUBLIC
IlvIl'ROVEMENTS" means and includes,jointly and severally, all the improvements identified and
checked on the attached Exhibit C that are further labeled "PUBLIC". DEVELOPER PUBLIC
IMPROVEMENTS are improvements to be constructed by the DEVELOPER within public rights-
of-way or within public easements and which aze to be approved and later accepted by the CITY
and transferred to the CITY for future operations and maintenance. DEVELOPER PUBLIC
IMPROVEMENTS are pa.rt of DEVELOPER IlvIPROVEMENTS.
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1.18 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes,
jointly and severally,any of the following or any combination thereof:
a.) failure by the DEVELOPER to timely pay the CITY any money required to
be paid under the DEVELOPMENT CONTRACT;
b.) failure by the DEVELOPER to timely construct the DEVELOPER
IlVIl'ROVEMENTS according to the DEVELOPMENT PLANS and the
CITY standards and specif cations; �
c.) failure by the DEVELOPER to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
DEVELOPMENT CONTRACT;
d.) breach of the DEVELOPER WARRANT'IES.
1.19 FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, but not
limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthyuakes (but not
including reasonably anticipated weather conditions for the geographic area), riots, insurrections,
war or civil disorder affecting the performance of work, blockades, power or other utility failures,
and fires or explosions.
1.20 DEVELOPER AND OWNER WARRANTIES. "DEVELOPER AND OWNER
WARR.ANTIES" means that the DEVELOPER and OWNER hereby warrant and represent the
following:
A. AUTHORITY. DEVELOPER and OWNER have the right, power, legal capacity
and authority to enter into and perform their obligations under this
DEVELOPMENT CONTRACT, and no approvals or consents of any persons are
necessary in connection with the authority of DEVELOPER and OWNER to enter
into and perform their obligations under this DEVELOPMENT CONTRACT.
B. NO DEFAULT. DEVELOPER and OWNER are not in default under any lease,
contract or agreement to which it is a pariy or by which it is bound which would
affect performance under this DEVELOPMENT CONTRACT. DEVELOPER and
OWNER are not a parties to or bound by any mortgage, lien, lease, agreement,
instrument, order, judgment or decree which would prohibit the execution or
performance of this DEVELOPMENT CONTRACT by DEVELOPER and
OWNER or prohibit any of the transactions provided for in this DEVELOPMENT
CONTRACT.
C. PRESENT COMPLIANCE WITH LAWS. DEVELOPER and OWNER have
complied with and is not in violation of applicable federal, state or local statutes,
laws, and regulations including, without limitation, permits and licenses and any
applicable zoning, environmental or other law, ordinance or regulation affecting the
PLAT and the DEVELOPMENT PLANS and the DEVELOPER
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IMPROVEMENTS; and DEVELOPER and OWNER are not aware of any pending
or threatened claim of any such violation.
D. CONTINUING COMPLIANCE WITH LAWS. DEVELOPER and OWNER
will comply with all applicable statutes, laws, codes, rules and regulations of all
federal, state and local agencies including, without limitation, permits and licenses
and any applicable zoning, environmental or other law, ordinance or regulation
affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER
IIvIPROVEMENTS.
E. NO LITIGATION. There is no suit, action, arbitration or legal, administrative or
other proceeding or governmental investigation pending, or threatened against or
affecting DEVELOPER or the PLAT or the DEVELOPMENT PLANS or the
DEVELOPER IIv1PROVEMENTS. DEVELOPER and OWNER are not in default
with respect to any order, writ, injunction or decree of any federal, state, local or
foreign court,deparhnent, agency or instrumentality.
F. FULL DISCLOSURE. None of the representatives and warranties made by
DEVELOPER or OWNER or made in any exhibit hereto or memorandum or
writing furnished or to be furnished by DEVELOPER or OWNER or on their
behalf contains or will contain any untrue statement of material fact or omit any
material fact the omission of which would be misleading.
G. PLAT COMPLIANCE. To the best of DEVELOPER's and OWNER's
knowledge, the PLAT and the DEVELOPMENT PLANS shall comply with all
CITY, COUNTY,metropolitan, state and federal laws and regulations, including but
not limited to subdivision ordinances, zoning ordinances and environmental
regulations.
H. WA�tRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER
warrants all concrete DEVELOPER IMPROVEMENTS required to be performed
by it under this DEVELOPMENT CONTRACT against defective material and
faulty workmanship for a period of two (2) years and all other DEVELOP�R
IMPROVEMENTS required to be performed by it under this DEVELOPMENT
CONTRACT against defective material and faulty workmanship for a period of one
(1) year after its completion and acceptance by the CITY. During the warranty
period, the DEVELOPER shall be solely responsible for all costs of performing
warranted repair work reyuired by the C1TY within thirty (30) days of notification.
All trees, grass, and sod shall be warranted to be alive, of good quality, and disease
free for one year after planting. Any replacements shall be similarly warranted for
one(1) year from the time of planting. In addition,the warranty period for drainage
and erosion control improvements shall be for the applicable two (2) years or one
(1) year depending upon whether they are constructed of concrete or other materials
after completion and acceptance by the CTTY; the warranty for the drainage and
erosion control improvements shall also include the obligation of the DEVELOPER
to repair and correct any warranted deficiency with respect to such improvements.
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DEVELOPER will faithfully provide uninhibited access for warranty inspections to
CITY through the term of all warranties.
I. OBTAINING PERNIITS. The DEVELOPER shall obtain in a timely manner and
pay for all reyuired permits, licenses and approvals, and shall meet, in a timely
manner, all reyuirements of all applicable, local, state and federal laws and
regulations which must be obtained or met before the DEVELOPER
IlVIPROVEMENTS may be lawfully constructed.
J. FEE TITLE. Upon the filing of the PLAT, the OWNER owns fee title to the
property made the subject of the PLAT. The OWNER is solely responsible for all
costs associated with any acyuisition, transfer, defense and maintenance of title to
the property.
1.21 CITY WARRANTIES. "CITY WARRANTIES" means that the CITY hereby
warrants and represents as follows:
A. ORGA1vIZATION. CITY is a municipal corporation duly incorporated and validly
existing in good standing the laws of the State of Mirmesota.
B. AUTHORITY. CITY has the right, power, legal capacity and authority to enter
into and perform its obligations under this DEVELOPMENT CONTRACT.
1.22 FORMAL NOTICE. "FORMAL NOTICE" means notices given by one party to
the other if in writing and if and when delivered or tendered either in person or by depositing it in
the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage
and postal charges prepaid,addressed as follows:
IftoCITY: City of Fridley
Attenti on: Di rector of Publ i c Works
6431 U ni versi ty Avenue, N.E.
Fridley, MN 55432
If to OWNER: Northern Stacks I LLC
1350 Lagoon Avenue South#920
Minneapolis MN 55408
Fridley Land LLC
1350 Lagoon Avenue South#920
Minneapolis,MN 55408
If to DEVELOPER: Northern Stacks I LLC
1350 Lagoon Avenue South#920
Minneapolis,MN 55408
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or to such other address as the party addressed shall have previously designated by notice given in
�accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, or on the third day after
mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in
writing,be deemed given if and when actually received by a party.
1.23 ESCROW. "ESCROW"means the following forms of security that are intended to
permit the CITY to complete the DEVELOPER PUBLIC IlvIPROVEMENTS in the event that
DEVELOPER is unable to complete them:
A. Cash Deposit;
B. Letter of Credit;
C. Setaside Letter;or
D. Any other form of security approved by the CITY.
1.24 ENGINEERING ESCROW. "ENGINEERING ESCROW" means the ESCROW
component to pay the CITY for engineering inspection fees at the CITY's standard rates charged for
such tasks.
ARTICLE 2
PLAT APPROVAL
2.1. PLAT APPROVAL. Subject to the terms and conditions of this DEVELOPMENT
CONTRACT, the recitals above, and all other applicable City Code provisions, including Chapter
211 of the City Code, the CITY hereby approves the recording of the PLAT. The
DEVELOPMENT PLANS are hereby approved by the CTTY.
2.2 PLAT DENSTTY. N!A
2.3 RECORDING OF PLAT. The DEVELOPER shall record the PLAT and this
DEVELOPMENT CONTRACT with the COUNTY Recorder within ten(10) days from the date of
this DEVELOPMENT CONTRACT. No building permits shall be issued unless the DEVELOPER
shows evidence to the CITY that the PLAT and this DEVELOPMENT CONTRACT have been
recorded with the COiJNTY Recorder.
ARTICLE 3
CITY IMPROVEMENTS
3.1 CIT'Y IMPROVEMENTS. The CITY is not responsible for the construction of
any CIT'Y IlVIPROVEMENTS.
ARTICLE 4
DEVELOPER IlVIPROVEMENTS
4.1 DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own
cost, the DEVELOPER IMPROVEMENTS in accord with the DEVELOPMENT PLANS. The
DEVELOPER is responsible to provide all equipment, labor, materials, and work needed to
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complete the DEVELOPER IlVIPROVEMENTS, including project management, administration,
design, construction, inspection, and closeout activities to the satisfaction of the CITY. The
DEVELOPER IIvII'ROVEMENTS shall be completed by the dates shown on E�ibit C, except as
completion dates are extended by subsequent written action of the DIRECTOR OF PWD. Failure
of the CITY to promptly take action to enforce this DEVELOPMENT CONTRACT after expiration
of time by which the DEVELOPER IIvIPROVEMENTS are to be completed shall not waive or
release any rights of the CTTY; the CITY may take action at any time thereafter, and the terms of
this contract shall be deemed to be automatically extended until such time as the DEVELOPER
IMPROVEMENTS are completed to the CITY's satisfaction.
4:2 GROUND MATERIAL. The DEVELOPER shall insure that adequate and
suitable ground material shall exist in the areas of DEVELOPER IMPROVEMENTS and shall
guarantee the removal, replacement or repair of substandard or unstable material. The cost of
removal, replacement or repair is the responsibility ofthe DEVELOPER.
4.3 GRADING/DRAINAGE PLAN AND EASEMENTS. The DEVELOPER shall
construct drainage facilities adequate to serve the PLAT in accord with the DEVELOPMENT
PLANS. T'he OWNER and DEVELOPER agree to grant to the CITY all necessary easements for
the preservation of the drainage system, for drainage basins, and for utility service. All such
easements required by the CITY shall be on the PLAT or in writing, in recordable form, and on the
standard easement form of the CITY, and on such other terms and conditions as the CITY shall
determine;such easements shall be delivered to the CITY contemporaneously with execution of this
DEVELOPMENT CONTRACT. The grading and drainage plan shall include building elevations,
drainage swales to be sodded, storm sewer, catch basins, erosion control structures and ponding
areas necessary to conform with the overall CITY storm sewer plan, CITY Surface Water
Management Plan, and plans approved by the applicable watershed management organizations or
districts. The grading of the site shall be completed in conformance with the DEVELOPMENT
PLANS. In the event that the DEVELOPER fails to complete the grading of the site in
conformance with the DEVELOPMENT PLANS by the stipulated date, the CTTY may declare the
DEVELOPER in default pursuant to Article 13.
4.4 PUBLIC RIGHTS-OF-WAY AND EASEMENT MAINTENANCE. ACCESS
AND REPAIIt. The DEVELOPER shall clear, on a daily basis, any soil, earth or debris from
public rights-of-ways and easements within or adjacent to the PLAT resulting from the grading or
building on the land within or adjacent to the PLAT by the DEVELOPER or its agents, and shall
restore to the CITY's specifications any gravel base contaminated by mixing construction or
excavation debris, or earth in it, and repair to the CITY's specifications any damage to right-of-way
or easement improvements resulting from the use of construction equipment.
Furthermore, the DEVELOPER shall maintain reasonable access to any occupied buildings
within the PLAT, including necessary street maintenance such as grading, graveling, patching and
snow removal,prior to the installation and acceptance of permanent street surfacing.
4.5 OCCUPANCY. No occupancy of any building in the PLAT shall occur until the
public water, drainage, and sanitary sewer improvements have been installed and the parking areas
for said building within the PLAT have been adequately graded and the gravel sub-base and base
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course of bituminous for the parking areas for said building have been constructed for said building
within the PLAT and such improvements have been inspected and approved by the CTTY and are
determined by the CITY to be available for use.
4.6 DRIVEWAYS. The DEVELOPER at its expense shall construct concrete or
bituminous surface driveway approach areas for the Property in accordance with CTTY approved
standards.
4.7 VEGETATION. The DEVELOPER shall comply with CITY ordinances and
policies related to preservation of vegetation and trees and specifically shall exercise reasonable
efforts in residential areas to save mature,undiseased trees and vegetation on the subject land which
do not have to be removed for the reasonable installation of buildings, streets, sidewalks, utilities or
drainage improvements, construction activities related thereto, or site grading. Prior to any
excavation, the DEVELOPER shall mark the trees to be saved with a red band, and protect such
trees by snow fences or other suitable enclosures. All diseased trees shall be removed according to
CITY requirements.
4.8 LANDSCAPING. Site landscaping shall be in accordance with the
DEVELOPMENT PLANS.
4.9 EROSION CONTROL. The DEVELOPER shall provide and follow a plan for
erosion control and pond maintenance in accord with the Best Management Practices (BMP) as
delineated in the Minnesota Stormwater Manual (Minnesota Pollution Control Agency). Such plan
shall be detailed on the DEVELOPMENT PLANS and shall be subject to approval of the
DIRECTOR OF PWD. The DEVELOPER shall install and maintain such erosion control
structures as appear necessary under the DEVELOPMENT PLANS or become necessary
subsequent thereto. The DEVELOPER shall be responsible for all damage caused as the result of
gading and excavation within the PLAT including,but not limited to,restoration of existing control
structures and clean-up of public right-of-way, until all lots are final graded and improvements are
completed. As a portion of the erosion control plan, the DEVELOPER shall re-seed or sod any
disturbed areas in accordance with the DEVELOPMENT PLANS. The CITY reserves the right to
perform any necessary erosion control or restoration as reyuired, if these requirements are not
complied with after FORMAL NOTICE by the CITY as stated in Article 14, or by notice in
accordance with its ordinances. The DEVELOPER shall be financially responsible for payment for
this extra work.
4.10 OWNER CONSENT. OWNER consents to, agrees to and approves of the
following:
A. DEVELOPER's entry upon the PLAT for construction and completion of the
DEVELOPER IlVIPROVEMENTS AND DEVELOPER PUBLIC IMPROVEMENTS.
B. DEVELOPER's construction and completion of DEVELOPER IlVIPROVEMENTS and
DEVELOPER PUBLIC IMPROVEMENTS. .
C. The CITY's exercise of any remedies contained in the DEVELOPMENT CONTRACT.
4.11 ACCESS. OWNER shall and agees to provide DEVELOPER with continuous and
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unrestricted access to the PLAT to construct and complete DEVELOPER IMPROVEMENTS AND
DEVELOPER PUBLIC IMPROVEMENT5.
ARTICLE 5
PARK DEDICATION AND CONTRIBUTION REOUIKEMENTS
5.1 PARK CONTRIBUTION. The DEVELOPER shall comply with the park
contribution requirements as defined in the City Code by meeting the obligation stated in Exhibit E.
ARTICLE 6
O'1'�IER PERNIITS
6.1 PERNIITS. 1'he DEVELOPER shall obtain all necessary approvals, permits and
licenses from the CI'I'Y, the OTHER REGULATORY AGENCIES, the UTILIT'Y COMPANIES,
and the PRIOR EASEMENT HOLDERS. Major design requirements of any such entities shall be
determined prior to completion and incorporated into the DEVELOPMENT PLANS. All costs
incurred to obtain the approvals, permits and licenses, and also all fines or penalties levied by any
agency due to the failure of the DEVELOPER to obtain or comply with conditions of such
approvals, permits and licenses, shall be paid by the DEVELOPER. The DEVELOPER shall
defend and hold the CITY harmless from any action initiated by the OTHER REGiJLATORY
AGENCIES, the UTILITY COMPANIES and the PRIOR EASEMENT HOLDERS resulting from
such failures of the DEVELOPER.
ARTICLE 7
OTHER DEVELOPMENT REOUIREMENTS
7.1 NIISCELLANEOUS REQUIREMENTS. Any additional requirements to
approval of the PLAT and DEVELOPMENT PLANS as specified by the COUNCIL are
incorporated herein, as set forth in E�ibit E.
ARTICLE 8
DEVELOPER PUBLIC IMPROVEMENTS
8.1 APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or
engineer preparing plans and specifications selected by the DEVELOPER to design, construct or
install any DEVELOPER PUBLIC IMPROVEMENTS must be approved in writing by the
DIItECTOR OF PWD.
8.2 CONSTRUCTION. T'he construction, instaUation, materials and equipment
related to DEVELOPER PUBLIC IMPROVEMENTS shall be in accord with the
DEVELOPMENT PLANS. The DEVELOPER shall cause the contractors to furnish the PWD a
written schedule of proposed operations, subcontractors and material suppliers,at least ten(10)days
prior to commencement of construction work. The DEVELOPER shall notify the CITY in writing,
coordinate and hold a pre-construction conference with all affected parties at least five (S) days
prior to starting construction of any DEVELOPER PUBLIC IMPROVEMENTS.
8.3 IN5PECTION. DEVELOPER shall retain Braun Intertec to provide inspection
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services. DEVELOPER shall provide the PWD with an inspection plan including personnel
proposed and planned schedule of inspections. If CTI'Y disapproves of the plan, personnel, or
planned schedule of inspections, DEVELOPER shall modify the same and resubmit to CITY.
DEVELOPER is responsible to provide for inspections in accordance with its approved inspection
plan. DEVELOPER shall ensure CTTY is regularly provided with a copy of all shop drawings,
material bills of lading, inspection test results, reports, construction logs, meeting summaries, and
any other documentation reyuested by the City.
The CITY shall be notified of all construction progress meetings, and be provided of all
construction schedules,work directives, and change orders relating to the CITY IlVIPROVEMENTS
and DEVELOPER PUBLIC IMPROVEMENTS installed by the DEVELOPER.
The PWD or its designated representative shall periodically inspect the work installed by the
DEVELOPER, its contractors, subcontractors or agents. The DEVELOPER shall notify the PWD
two(2)working days prior to the commencement of the laying of utility lines, subgrade preparation,
the laying of gravel base for street construction or any other improvement work which shall be
subsequently buried or covered to allow the CITY an opportunity to inspect such improvement
work. Upon receipt of the notice, the City shall have a reasonable time, not to be less than one (1)
working days, to inspect the improvements. Failure to notify the CTTY to allow it to inspect the
work or failure to comply with any provisions of Article 8 shall result in the CITY's right pursuant
to Article 15 to withhold and expend any portion of the escrow amount resulting from work being
performed without the opportunity for adequate CITY inspection.
8.4 FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The
DEVELOPER shall fully and faithfully comply with all terms of any and all contracts entered into
by the DEVELOPER for the installation and construction of all of the DEVELOPER PUBLIC
IMPROVEMENTS; and the DEVELOPER shall obtain lien waivers. Within thirty (30) days after
FORMAL NOTICE, the DEVELOPER agrees to repair or replace, as directed by the CITY and at
the DEVELOPER's sole cost and expense, any work or materials relating to DEVELOPER
PUBLIC IlVIPROVEMENTS that within the wananty periods of Section 1.20(H)become defective
in the reasonable opinion of the CTTY.
8.5 CIT'Y ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to the
CITY within ten (10) days once DEVELOPER PUBLIC IMPROVEMENTS have been completed
in accord with this DEVELOPMENT CONTRACT and the ordinances, CITY standards and
specifications and the DEVELOPMENT PLANS. The CITY shall then inspect the DEVELOPER
PUBLIC IlVIPROVEMENTS and notify the DEVELOPER of any DEVELOPER PUBLIC
IMPROVEMENTS that do not so conform. Upon compliance with this DEVELOPMENT
CONTRACT and CTTY ordinances, standards and specifications, and the DEVELOPMENT
PLANS, the DEVELOPER PUBLIC IMPROVEMENTS shall become the property of the CITY
upon FORMAL NOTICE of acceptance by the CITY. After acceptance, the DEVELOPER
PUBLIC IlvIPROVEMENTS become the property of the CITY, and the DEVELOPER shall have
no responsibility with respect to maintenance of the DEVELOPER PUBLIC IMPROVEMENTS
except as provided in Sections 1.20(H) and 10.1 and except as provided in the Storm Water
Facilities Maintenance Agreement. If the DEVELOPER PUBLIC IMPROVEMENTS do not
conform, FORMAL NOTICE shall be given to the DEVELOPER of the need for repair or
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replacement or,in its discretion,the CITY may proceed under Article 13.
Upon DEVELOPER'S completion of DEVELOPER IlvIPROVEMENTS , CITY'S acceptance of
the DEVELOPER PUBLIC IlVII'ROVEMENTS pursuant to Article 8 of the DEVELOPMENT
CONTRACT, and the expiration of all warranties related to DEVELOPER IMI'ROVEMENTS set
forth in this DEVELOPMENT CONTRACT,the CITY shall promptly provide DEVELOPER with
a resolution releasing the PLAT from the DEVELOPMENT CONTRACT and its terms and
conditions, save and except from the indemnification set forth in Article 12,which shall expire three
(3) years after the CITY's acceptance of the DEVELOPER PUBLIC IMPROVEMENTS.
Following the expiration of the three(3)year period,the CITY shall prepare and record a resolution
releasing the PLAT from the indemnification obligation.
8.6 ENGINEERING SUBMITTALS REOITIItED. The DEVELOPER shall provide
the CITY with the following:
1. One (1) copy of the detailed record plan "as built" drawings of the DEVELOPER
PUBLIC IlVII'ROVEMENTS in *.tiff, *.pdf, and/or CAD format, in accord with CITY
standards no later than thirty (30) days after completion and acceptance of the
DEVELOPER PUBLIC IMPROVEMENTS by the CTTY, unless otherwise approved in
writing by the PWD.
2. Copies of all copies of the following documents:
a. approved shop drawings;
b. records of all materials testing;
c. bills of lading;
d. final quantity tabulations,;
e. affidavits of payments;
f. certificates of completion;
g. warranties;
h. consents of sureties;
i. contractor and subcontractor withholding affidavits;and
j. contractor and subcontractor lien waivers.
ARTICLE 9
RESPONSIBILITY FOR COSTS
9.1 DEVELOPER IlVIPROVEMENT COSTS. The DEVELOPER shall pay for the
DEVELOPER IIvIPROVEMENTS, including but not limited to all engineering, auditing, appraisal,
legal, surveying, advertising fees associated with the DEVELOPER IMPROVEMENTS;that is, all
costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance
premiums, equipment or supplies and all just claims for the same to include engineering, audit,
appraisals, legal, surveying, permits, advertising, etc.; and the CITY shall be under no obligation to
pay the contractor, subcontractor, supplier, or consultant any sum whatsoever on account thereof,
whether or not the CITY shall have approved the contract or subcontract.
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9.2 ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs
incurred in the enforcement of this DEVELOPMENT CONTRACT, including engineering and
attorneys'fees.
9.3 TIME OF PAYMENT. The DEVELOPER shall pay all bills from the CITY
within thirty (30) days after billing. Bills not paid within thirty (30) days shall bear interest at the
rate of eighteen percent 18%per year.
ARTICLE 10
DEVELOPER AND OWNER WARRANTIES
10.1 STATEMENT OF DEVELOPER AND OWNER WARRANTIES. The
DEVELOPER hereby makes and states the DEVELOPER AND OWNER WARRAN'I'IES.
ARTICLE 11
CITY WARRANTIES
11.1 STATEMENT OF CITY WARRANTIES. The CITY hereby makes and states
the CITY WARRANTIES.
ARTICLE 12
INDENINIFICATION OF CITY
12.1 INDENINIFICATION OF CITY. From and after the execution of this
DEVELOPMENT CONTRACT and for a period of three years after the expiration of the
DEVELOPER WARRANTIES, DEVELOPER shall indemnify, defend and hold the CITY, its
COtJNCIL, agents, employees, attorneys and representatives harmless against and in respect of any
and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities,
damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the
CITY incurs of suffers,which azise out of,result from or relate to:
a.) breach by the DEVELOPER of the DEVELOPER WARRANTIES;
b.) failure of the DEVELOPER to timely construct the DEVELOPER
IlvIPROVEMENTS according to the DEVELOPMENT PLANS and
the CITY ordinances, standards and specifications;
c.) failure by the DEVELOPER to observe or perform any covenant,
condition, obligation or agreement on its part to be observed or
performed under this DEVELOPMENT CONTRACT;
d.) failure by the DEVELOPER to pay contractors, subcontractors,
laborers,or material suppliers;
e.) failure by the DEVELOPER to pay for materials;
f.) approval by the CITY of the PLAT;
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g.) approval by the CITY of the DEVELOPMENT PLANS;
h.) failure to obtain the necessary permits and authorizations to construct
the DEVELOPER IMPROVEMENTS;
i.) construction of the DEVELOPMENT IMPROVEMENTS;
j.} delays in construction ofthe DEVELOPER IlVII'ROVEMENTS;
k.) all costs and liabilities arising because building permits were issued
prior to the completion and acceptance of the DEVELOPER
IIvIPROVEMENTS; `
1.) any claims resulting from the delay in completing construction of
the City trunk utility lines.
ARTICLE 13
CITY REMEDIES UPON DEVELOPER DEFAULT
13.1 CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused by
FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the
DEVELOPER DEFAULT and the DEVELOPER shall have ten (10) days to cure the
DEVELOPER DEFAULT or such longer time as may be reasonable under the circumstances. If
the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER
DEFAULT within ten(10) days or such longer time as may be reasonable under the circumstances,
then the CITY may avail itself of any remedy afforded by law and any of the following remedies:
a.) the CITY may specifically enforce this DEVELOPMENT
CONTRACT;
b.) the CITY may suspend any work, improvement or obligation to be
performed by the CITY;
c.) the CITY may collect on the irrevocable letter of credit or cash
deposit pursuant to Article 14 hereof in the amount reasonably
determined to be necessary by the DIKECTOR OF PWD to remedy
the default and to reimburse the CITY for its attorneys' fees and
other administrative expenses, and provided partial and multiple
drawings are permitted under the terms and conditions of the
irrevocable letter of credit otherwise the CITY may collect on the
entirety of the irreyocable letter of credit;
d.) the CITY may suspend or deny building and occupancy permits for
buildings within the PLAT;
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e.) the CITY may, at its sole option, perform the work or improvements
to be performed by the DEVELOPER, in which case the
DEVELOPER shall within thirty (30) days after written billing by
the CITY reimburse the CITY for any costs and expenses incurred
by the CITY.
13.2 NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any
agreement contained in this DEVELOPMENT CONTRACT is breached by the DEVELOFER and
thereafter waived in writing by the CITY, such waiver shall be limited to the particular breach so
waived and shall not be deemed to waive any other concunent, previous or subsequent breach
hereunder. All waivers by the CITY must be in writing.
13.3 NO REMEDY EXCLUSIVE. No remedy herein confened upon or reserved to the
CITY shall be exclusive of any other available remedy or remedies,but each and every such remedy
shall be cumulative and shall be in addition to every other remedy given under the
DEVELOPMENT CONTRACT or now or hereafter existing at law or in equity or by statute. No
delay or omission to exercise any right or power accruing upon any default shall impair any such
right or power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient. In order to entitle the CITY
to exercise any remedy reserved to it, it shall not be necessary to give notice, other than the
FORMAL NOTICE.
13.4 EMERGENCY. Notwithstanding the reyuirement contained in Section 14.1 hereof
relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEFAULT and
notwithstanding the requirement contained in Section 13.1 hereof relating to giving the
DEVELOPER a minimum ten (10) day period to cure the DEVELOPER DEFAULT, in the event
of an emergency as determined by the DIRECTOR OF PWD, resulting from the DEVELOPER
DEFAULT, the CTTY may perform the work or nnprovement to be performed by the
DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and without
giving the DEVELOPER the minimum ten (10) day period to cure the DEVELOPER DEFAIJLT.
In such case, the DEVELOPER shall within thirty (30) days after written billing by the CITY
reimburse the CTTY for any and all costs incurred by the CITY.
ARTICLE 14
ESCROW DEPOSIT
14.1 ESCROW REQUIItEMENT. Prior to release of the PLAT for recording, the
DEVELOPER shall deposit with the CITl' an ESCROW to the CITY far the amount stated in
Exhibit F.
All cost esrimates shall be acceptable to the DIRECTOR OF PWD. The total ESCROW
amount was calculated as shown on the attached Exhibit F. The bank and form of the ESCROW
shall be subject to approval by the CITY Finance Director and CITY Attorney and shall continue to
be in full force and effect until released by the CTTY. If utilized as ESCROW,the irrevocable letter
of credit shall be for a term ending December 31, 2017. In the alternative, a letter of credit may be
for a three year term provided it is automatically renewable for successive one year periods from the
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present or any future expiration dates with a final expiration date of December 31, 2017, and further
provided that any irrevocable letter of credit states that at least sixty(60)days prior to the expiration
date the bank will notify the CITY if the bank elects not to renew for an additional period. Any
irrevocable letter of credit shall secure compliance by the DEVELOPER with the terms of this
DEVELOPMENT CONTRACT. The CITY may draw down on any irrevocable letter of credit or
cash deposit, without any further notice than that provided in Section 13.1 relating to a
DEVELOPER DEFAULT,for any of the following reasons:
a.) a DEVELOPER DEFAULT;or
b.) upon the CITY receiving notice that the irrevocable letter of credit
will be allowed to lapse before December 31, 2017.
The CIT'Y shall use the ESCROW proceeds to reimburse the CITY for its costs and to cause
the DEVELOPER IIvIl'ROVEMENTS listed on Exhibit F to be constructed to the extent
practicable; if the DIRECTOR OF PWD determines that such DEVELOPER IMPROVEMENTS
listed on Exhibit F have been constructed and after retaining five percent (5%) of the proceeds for
later distribution pursuant to Section 14.2, the remaining proceeds shall be distributed to the
DEVELOPER.
With CITY approval, ESCROW may be reduced pursuant to Section 14.2 from time to time
as financial obligations are paid.
14.2 ESCROW RELEASE.
Periodically, upon the DEVELOPER's written request and upon completion by the
DEVELOFER and acceptance by the CITY of any specific DEVELOPER IIVIPROVEMENTS,
ninety-five percent (95%) of that portion of the ESCROW covering those specific completed
improvements only shall be released. The final five percent(5%} of that portion of the ESCROW,
for those specific completed improvements shall be held until acceptance by the CITY and
expiration of the warranty period under Section 1.20 hereof; in the alternative, the DEVELOPER
may post a bond satisfactory to the CTTY with respect to the final five percent(5%).
ARTICLE 15
MISCELLANEOUS
15.1 CIT'Y'S DUTIES. The terms of this DEVELOPMENT CONTRACT shall not be
considered an affirmative duty upon the CTTY to complete any DEVELOPMENT
IMPROVEMENTS.
15.2 NO THIIZD PARTY RECOURSE. Third parties shall have no recourse against
the CITY or the DEVELOPER under this DEVELOPMENT CONTRACT.
15.3 VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this DEVELOPMENT CONTRACT is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portion of this DEVELOPMENT CONTRACT.
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15.4 FEDERAL AGENCIES. If the DEVELOPER requires any evidence of this
DEVELOPMENT CONTRACT for the purpose of escrow requirements of the Federal Housing
Administration, the Veterans Administration, or any other United States government agency, the
CITY will provide same at the reyuest of the DEVELOPER so the escrow deposit, herein provided
for, may be considered a deposit in lieu of the deposit normaUy made with such governmental
agencies to guarantee the completion of reyuired improvements.
15.5 RECORDING. The DEVELOFMENT CONTRACT and PLAT shall be recorded
by the DEVELOPER with the COUNTY Registrary of Titles and the OWNER and DEVELOPER
shall provide and execute any and all documents necessary to implement the recording.
15.6 BINDING AGREEMENT. The parties mutually recognize and agree that all terms
and conditions of this recordable DEVELOPMENT CONTRACT shall run with the land herein
described, and shall be binding upon the heirs, successors, administrators and assigns of the
OWNER and DEVELOPER. This DEVELOPMENT CONTRACT shall also be binding on and
apply to any title, right and interest of the OWNER in the PLAT acauired by OWNER after the
execution date of this DEVELOPMENT CONTRACT or after the recording date of this
DEVELOPMENT CONTRACT.
15.7 CONTRACT ASSIGNMENT. The DEVELOPER may not assign this
DEVELOPMENT CONTRACT without the written permission of the COiJNCIL. The
DEVELOPER's obligations hereunder shall continue in full force and effect, even if the
DEVELOPER sells one or more lots,the entire PLAT,or any part of it.
15.8 AMENDMENT AND WAIVER. The parties hereto may by mutual written
agreement amend this DEVELOPMENT CONTREICT in any respect. Any party hereto may
extend the time for the performance of any of the obligations of another, waive any inaccuracies in
representations by another contained in this DEVELOPMENT CONTRACT or in any document
delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this
DEVELOPMENT CONTRACT,waive compliance by another with any of the covenants contained
in this DEVELOPMENT CONTRACT, waive performance of any obligations by the other or
waive the fulfillment of any condition that is precedent to the performance by the party so waiving
of any of its obligations under this DEVELOPMENT CONTRACT. Any ageement on the part of
any party for any such amendment,extension or waiver must be in writing. No waiver of any of the
provisions of this DEVELOPMENT CONTRACT shall be deemed, or shall constitute, a waiver of
any other provisions,whether or not similar,nor shall any waiver constitute a continuing waiver.
15.9 GOVERNING LAW. This DEVELOPMENT CONTRACT shall be govemed by
and construed in accordance with the laws of the State of Minnesota.
15.10 COUNTERPARTS. This DEVELOPMENT CONTRACT may be executed in any
number of counterparts, each of which shall be deemed an original but all of which shall constitute
one and the same instrument.
15.11 HEADINGS. The subject headings of the paragraphs and subparagraphs of this
DEVELOPMENT CONTRACT are included for purposes of convenience only,and shall not affect
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the construction of interpretation of any of its provisions.
15.12 INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the
words of this DEVELOPMENT CONTRACT or if the obligation imposed hereunder upon the
DEVELOPER are inconsistent, then that provision or term which imposes a greater and more
demanding obligation on the DEVELOPER shall prevail.
15.13 ACCESS. The DEVELOPER hereby grants to the CTTY, its agents, employees,
officers, and contractors a license to enter the PLAT to perform all work and inspections deemed
appropriate by the CITY during the installation and through the warranty period(s) of
DEVELOPER IlVIPROVEMENTS.
ARTICLE 16
TERM
16.1 TERM. The term of this DEVELOPMENT CONTRACT shall commence upon the
date the DEVELOPMENT CONTRACT has been executed by both DEVELOPER and CITY and
shall continue until such time that DEVELOPER has performed and fulfilled all of its duties and
obligations as set forth herein and in any amendment to this DEVELOPMENT CONTRACT.
Upon DEVELOPER'S completion of DEVELOPER IMPROVEMENTS , CITY'S acceptance of
the DEVELOPER PUBLIC IMPROVEMENTS pursuant to Article 8 of the DEVELOPMENT
CONTRACT, and the expiration of all warranties related to DEVELOPER IMPROVEMENTS set
forth in this DEVELOPMENT CONTRACT,the CITY shall promptly provide DEVELOPER with
a resolution releasing the PLAT from the DEVELOPMENT CONTRACT and its terms and
conditions, save and except from the indemnification set forth in Article 12,which shall expire three
(3) years after the CITY's acceptance of the DEVELOPER PUBLIC IMPROVEMENTS.
Following the expiration of the three(3)year period,the CITY shall prepare and record a resolution
releasing the PLAT from the indemnification obligation.
[The remainder of this page has been intentionally left blank]
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IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT
CONTRACT.
CITY OF FRIDLEY
By:
Scott Lund
Its Mayor
Walter Wysopal
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of , 2014, before me a Notary Public within and for
said County, personally appeared Scott Lund and Walter Wysopal to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and City Manager
of the City of Fridley, the municipality named in the foregoing instrument, and that the seal affixed
to said instrument was signed and sealed in behalf of said municipality by authority of its City
Council and said Mayor and City Manager acknowledged said instrument to be the free act and
deed of said municipality.
Notary Public
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DEVELOPER
By:
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2014, before me a Notary Public within and
for said County, personally appeared , to me personally known, who
being by me duly sworn, did say that he is the of Northern Stacks I
LLC, a Minnesota limited liability company, and that the foregoing instrument was executed on
behalf of Northern Stacks I LLC by authority of the Boards of Governors of Northern Stacks I
LLC.
Notary Public
OWNER
By:
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2014, before me a Notary Public within and
for said County, personally appeared , to me personally known, who
being by me duly sworn, did say that he is the of Fridley Land LLC, a
Minnesota limited liability company, and that the foregoing instrument was executed on behalf
of Fridley Land LLC by authority of the Boards of Governors of Fridley Land LLC.
Natary Public
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OWNER
By:
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2014, before me a Notary Public within and
for said County, personally appeared , to me personally known, who
being by me duly sworn, did say that he is the of Northern Stacks I
LLC, a Minnesota limited liability company, and that the foregoing instrument was executed on
behalf of Northern Stacks I LLC by authority of the Boards of Governors of Northern Stacks I
LLC.
Notary Public
THIS INSTRUMEN'T DRAFTED BY: AFTER RECORDING,PLEASE
Darcy M.Erickson RETURN THIS INSTRUMENT TO:
LeVander,Gillen,&Miller,P.A. Darcy M.Erickson
633 South Concord Street, 5uite 400 LeVander, Gillen&Miller,P.A.
South St.Paul,MN 55075 633 South Concord Street, Suite 400
(651)451-1831 South St.Paul,MN 55075
(651)451-1831
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EXHIBIT A
LEGAL DESCRIPTION OF TI�PORTION OF THE
PLAT OF NORTHERN STACKS ENCUMBERED BY THE DEVELOPMENT
CONTRACT
Real property in Anoka County, State of Minnesota,described as:
Lots 1 and 2, Block 1,Northern Stacks
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EXHIBTT B
LIST OF DEVELOPMENT PLANS
DATE OF PLAN PREPARED
PLAN PREPARATION BY
1.) Existing Conditions 2/14/14* Westwood
Page 2 of 17 Professional
Services,Inc.
2.) Preliminary Plat 2/14/14* Westwood
Page 3 of 17 Professional
Services,Inc.
3.) Final Plat Cover 2/14/14* Westwood
Page 4 of 17 Professional
Services,Inc.
4.) Final Plat 2/14/14* Westwood
Page 5 of 17 Professional
Services,Inc.
5.) Removal Plan 2/14/14* Westwood
Page 6 of 17 Professional
Services,Inc.
6.) Site Plan 2/14/14** Westwood
Page 7 of 17 Professional
Services,Inc.
7.) Grading Plan 2/14/14*** Westwood
Page 8 of 17 Professional
Services,Inc.
8.) Details 2/14/14* Westwood
Page 9 of 17 Professional
Services,Inc.
9.) City Details 2/14/14* Westwood
Page 10 of 17 Professional
Services, Inc.
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82
10.) Utility Plan 2/14/14**** Westwood
Page 11 of 17 Professional
Services,Inc.
11.) Landscape Plan 2/14/14* Westwood
Page 12 of 17 Professional
Services,Inc.
12.) Landscape Details 2/14/14* Westwood
Page 13 of 17 Professional
Services,Inc.
13.) Landscape Details 2/14/14* Westwood
Page 14 of 17 Professional
Services,Inc.
14.) Landscape Details 2/14/14* Westwood
Page I S of 17 Professional
Services,Inc.
15.) Street Plan and Profile 2J14/14*^ Westwood
Page 16 of 17 Professional
Services,Inc.
16.) Watermain Extension 2/14/14*^^ Westwood
Page 17 of 17 Professional
Services,Inc.
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83
17.) Road Improvement Plans for Westwood
CSAH 1 (East River Road Professional
Improvements) Services,Inc.
a. Overall Existing Conditions 8/12/14#
&Removals, Page 2 of 24
b. North Existing Conditions 8/12/14�
&Removals, Page 3 of 24
c. South Existing Conditions 8/12/14#
&Removals, Page 4 of 24
d. Overall Proposed Layout, 8/12/14�
Page 5 of 24
e. North Proposed Layout, 8/12/14"
Page 6 of 24
f. South Proposed Layout, 8/12/14#
Page 7 of 24
g. Type C&D Signs, Page 8 of 8/12/14#
24
h. Overall Signage Layout, 8/12/14�
Page 9 of 24
i. North Signage Layout, Page 8/12/14#
10 of 24
j. South Signage Layout, Page 8/12/14#
11 of 24
k. Type C&D Sign Structural 8/12/14#
Details — Page 1 of 2, Page
12 of 24
1. Type C&D Sign Structural 8/12/14#
Details — Page 1 of 2, Page
13 of 24
m. Overall Grading, Utilities, 8/12/14�
and Erosion Control Plan,
Page 14 of 24
n. North Grading, :IJtilities, 8/12/14�
and Erositm Cc�ntrol Plan, -31-
Page 15 of 24
o. Scauth ; C�rading, Utilit��s, 8/12/14#
ar�d Erosio� Cantrol Pl�n,
- 84
1$.) Construction Plan for Traffic 10/27/14^ Westwood
Control Signal Systems, Interconnect Professional
and ADA Improvements at the Services,Inc.
Intersection of: Co. Rd 1 (East River
Road) at Northern Stacks Ct., Fridley
MN, Anoka County and Removal at the
Intersection of: Co. Rd. 1 (East River
Rd) at Southwest Egress Driveway of
Northern Stacks, Fridley MN, Anoka
County
a. Statement of Estimated
Quantities, Page 2 of 18 10/27/14^
b. Pole Mount Detail, Page 3
of 18 10/27/14^
c. Equipment Pad Layout
(Type SSB Service Cabinet) 10/27/14^
Co. Hwy 1 and Northern
Stacks Ct. in Fridley, Anoka
County, Page 4 of 18
d. Service Cabinet Details Co.
Hwy 1 and Northern Stacks 10/27/14^
Ct. in Fridley, Anoka
County, Page 5 of 18
e. Loop Detector Detail, Page
6 of 18 10/27/14^
f. Pedestrian Curb Ramp
Details, Section C-C Standard Approved
Parallel/Depressed Corner, 4/10/13^
Page 7 of 18
g. Pedestrian Curb Ramp
Details, Section D-D Curb Standard Approved
for Directional Ramps, Page 4/10/13^
8of18
h. Pedestrian Curb Ramp
Details, Pavement Standard Approved
Treatment Options in Front 4/10/13^
-32-
85
of Curb&Gutter For Use
on Curb Ramp Retrofits,
Page 9 of 18
i. Pedestrian Curb Ramp
Details, Approach Nose Standard Approved
Detail for pownstream Side 4/10/13^
of Traffic, Page 10 of 18
j. Pedestrian Curb Ramp Standard Approved
Details, Concrete Walk 4/10/13^
Edges Adjacent to Concrete
Structures, Page 11 of 18
k. Intersection "A" Layout
Traffic Control Signal Standazd Approved
System Co. Hwy 1 and 4/10/13^
Northern Stacks Ct. in
Fridley, Anoka County,
Page 12 of 18 10/27/14^
1. Intersection Layout Traffic
Control Signal System Co.
Hwy 1 and Northern Stacks
Ct. in Fridley, Anoka
County, Page 13 of 18
10/27/14^
m. Pavement Markings
Layout/Detail and Type "D"
Signs Details Co. Hwy 1
and Northern Stacks Ct. in
Fridley, Anoka County,
Page 14 of 18 10/27/14^
n. Interconnection Layout
Traffic Control Signal
System Co. Hwy 1 and
Northern Stacks Ct. in
Fridley, Anoka County,
Page 15 of 18 10/27/14^
o. Intersection "A" Existing
Utilities Layout Traffic
Control Signal System Co.
-33-
86
Hwy 1 and Northern Stacks
Ct. in Fridley, Anoka
County,Page 16 of 18 10/27/14^
p. Intersection "B" Layout
Traffic Control Signal
System Co. Hwy 1 and
Northern Stacks Ct. in
Fridley, Anoka County,
Page 17 of 18 10/27/14^
q. Intersection "C" Layout
Traffic Control Signal
System Co. Hwy 1 and
Northern Stacks Ct. in
Fridley, Anoka County,
Page 18 of 18
'Revised on March 12,2014,Maroh 28,2014,]une 27,2014,July 16,2014 and August 20,2014
**Revised on March 12,2014,March 28,2014,June 27,2014,July 16,2014,August 20,2014 and October 2,2014
*••Revised on March]2,2014,Mazch 28,2014,June 27,2014,]uly 1,2014,July 16,2014,August 20,2014 and September 17,2014
****Revised on Mar�h 12,2014,March 28,2014,]une 27,2014,July 16,2014,August 20,2014 and September 17,2014
*^Revised on March 12,2014,March 28,2014,June 27,2014,July 16,2014,August 20,2014 and October 17,2014
*^^Revised on August 20,2014 and September 17,2014
#Revised on September 30, 2014 and October 29, 2014 and including any further revisions subsequent to the parties' execution of this
Development Contract.
^induding any further revisions subsequent to the parties'execution of this Development Conuact..
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87
EXHIBIT C
DEVELOPER IlVIPROVEMENTS
The items checked with an "X"below are the DEVELOPER IlVIPROVEMENTS.
The items checked with "PUBLIC" below are those DEVELOPER IMPROVEMENTS that are
DEVELOPER-PUBLIC IMPROVEMENTS.
CHECKED COMPLETION DATE IMPROVEMENT
X General site erosion control
X Completion of improvements
identified in Construction
Plans for Site, Grading,
Utilities and Landscaping
PUBLIC Completion of improvements
in Road Improvement Plans
PUBLIC Completion of improvements
identified in Construction Plan
for Traffic Control Signal
Systems, Interconnect and
ADA Improvements at the
Intersection of Co. Rd. 1 (East
River Rd.) at Northern Stacks
Ct., Fridley MN, Anoka
County and Removal at the
Intersection of: Co. Rd. 1
(East River Rd.) at Southwest
Egress Driveway of Northern
Stacks, Fridley MN, Anoka
County
X Grading and drainage
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PUBLIC Watermain Extension
PUBLIC Storm water facilities
(infiltration basin and ponds)
PUBLIC Northern Stacks Court
X Landscaping*
*Landscaping includes turf establishment and turf growth. Mere seeding is insufficient.
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EXHIBIT D
CITY IlVIPROVEMENTS
T'he CITY is not responsible for construction of any CITY IlVIPROVEMENT under this
DEVELOPMENT CONTRACT.
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90
EXHIBTT E
MISCELLANEOUS REQUIREMENTS AND CONDITIONS
IMPOSED BY THE CITY
1.) CONDITIONS TO BE SAT'ISFIED BEFORE CITY RELEASES THE PLAT TO BE
RECORDED. Before the CITY allows the PLAT to be recarded, all the following
conditions must be satisfied:
a.) DEVELOPER and OWNER must execute this Development Contract;
b,) OWNER and CITY must execute a Storm Water Maintenance Agreement whereby
the OWNER shall be responsible for maintenance of specified DEVELOPER
IMPROVEMENTS; including the storm water collection and management system;
c.) OWNER and CITY must execute an Environmental Indemnification Agreement
covering all CITY rights-of-way and easements within the PLAT of NORTHERN
STACKS;
d.) DEVELOPER shall provide and record with COUNTY all maintenance and utility
easements that may be necessary and not included in the PLAT to allow CITY
access to and maintenance of utilities and storm water collection and management
systems;
e.) DEVELOPER shall provide traffic impact and access agreements to the CITY that
are identified by the PWD as necessary;
d.) OWNER satisfies all pending utility bills and special assessments associated with
the property.
2.) BUII.DING PERMITS. No building permits may be obtained other than those previously
issued as of the date of this Agreement for a Bulk Distributian building until:
a.) All the conditions listed in Paragraph 1 of this E�chibit E are satisfied.
b.) DEVELOPER and OWNER must submit evidence that the following documents
have been recorded:
1. PLAT of NORTHERN STACKS;
2. DEVELOPMENT CONTRACT
3. ENVIRONMENTAL INDEMNIFICATION AGREEMENT
4. STORM WATER MANANGEMENT AGREEMENT
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91
3.) CERTIFICATES OF OCCUPANCY. Prior to the issuance of the certificate of
occupancy, and in any event, no later than December 31, 2015, the following conditions
must be satisfied:
a.) All the conditions listed in Paragraphs 1 and 2 of this Exhibit E must be satisfied.
b.) All landscaping that is associated with the PLAT shall be completed.
c.) Public water, drainage and sanitary sewer improvements have been installed and
have been inspected,approved and determined by the CTTY to be available for use.
d.) All parking areas for buildings within the PLAT have been adequately graded and
the gravel sub-base and base course of bituminous for the parking areas for said
buildings have been constructed for said buildings within the PLAT and have been
inspected, approved and determined by the CITY to be available for use.
4.) CLEAN UP OF CONSTRUCTION DEBRIS ON STREETS AND ADJOINING
PROPERTY. The escrow amount stated on Exhibit F shall include an appropriate amount
as determined by the Director of PWD to assure that the DEVELOPER removes any
construction debris from streets adjoining the PLAT and from private properties that adjoin
the PLAT. During the construction and other improvements within the PLAT, the
DEVELOPER is responsible for removing any construction debris (including roofing
materials, paper wrappings, construction material and other waste products resulting from
construction) that may be blown from the construction site into adjoining private properties
or into CITY streets or that may fall from delivery trucks onto adjoining private properties
or CITY streets. Further, during construction, the DEVELOPER must clear the CITY
streets of any dirt or other earthen material that may fall onto the CITY streets from the
delivery trucks that are being used in the excavation and grading of the site.
5.) PARKING LOT AND BUILDING LIGHTING. The parking lot and building lighting
will be either a shoe-box style or down cast lighting, such that the bulb is not visible from
the property lines.
6.) PARK DEDICATION. Park dedication shall be waived in consideration of prior park
dedications made in conjunction with the property within the PLAT.
7.) CONSENT REOUIREMENTS. DEVELOPER and OWNER agree that the following
elements of development within the PLAT shall not be removed or changed from the
DEVELOPMENT PLANS without first obtaining the following consents:
a.) Building location Consent reyuired by COiJNCIL
b.) Landscapiag Consent reyuired by Planning Department
c.) Location of Utilities Consent reguired by PWD
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92
d.) Parking Areas Consent reyuired by COUNCIL
8.) S-Z DISTRICT ZONING ACKNOLWLEDGEMENT. Property within the PLAT is
subject to the approval of master plans and S-2 District zoning and the development on
the property must be in substantial conformance to the master plans and S-2 Zoning
District.
9.) STREET LIGHTING. The street lighting along the private driveways and within the
parking lots will be private. The OWNER is responsible for all costs of the installation,
maintenance, replacement and energy costs. T'he street lighting plans shall be approved by
the CITY prior to installation.
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EXHIBIT F
ESCROW CALCULATION
DEVELOPER
IMPROVEMENTS
AND
DEVELOPER LESS
PUBLIC COST IMPROVEMENTS ESCROW
IMPROVEMENTS ESTIMATE COMPLETED AMOUNT
Site Grading,
Drainage and
1.) Erosion Control $ 140,000 $ 133,000 $ 7,000
Public Street
Construction
(including turn
2.) lanes) 100,500 50,500 50,000
Traffic Signal
Construction and
retrofit
3.) 0* 0 0
4.) Walks and Trails 2,500 0 2,500
Sanitary Sewer
5.) Collection 15,000 14,000 1,000
6.) Water Distribution 190,000 180,000 10,000
Storm Water
Facilities
7.) (including basins) 70,000 66,500 3,500
8.) Landscaping 12,000 6,000 6,440
9.) Construction debris 1,500 1,500 0
4l
94
clean-up
ENGINEERING
10.) E5CROW ?6,740 76,740 0
Subtotal: $ 80,000
MULTIPLIED BY: X 1.25
EQUALS: $ 100,000
ESCROW AMOUNT: $ 100,000
* Traffic Signal Under HRA Agreement
42
95
STORM WATER MAINTENANCE AGREEMENT
THIS AGREEMENT made and entered into this `day of ,
2014 by and between Northern Stacks I, LLC, a Minnesota limited liability company, hereina8er
referred to as "Owner" of the below described property; and the City of Fridley, a Minnesota
municipal corporation, hereinafter referred to as "City".
ARTICLE 1
DEFINITIONS
1.1 C�. City shall mean the City of Fridley, a Minnesota municipal corporation and its
successors and assigns.
1.2 Owner. Northern Stacks I LLC, a Minnesota limited liability company and its
successors and assigns.
1.3 Real Proaertv. Real Property means the following real property located in Anoka
County,Minnesota:
Lot 1, Block 1,Northern Stacks
1.4 Storm Sewer Svstem. Storm Sewer System means each and all of the following,
individually and collectively: existing or future storm water pipes, conduits, culverts,
ditches, storm water ponds, reservoirs, catch basins, manholes, structures, devices,
components and appurtenances lying under, upon or within the Real Property used to
treat storm water and accommodate the flow of area storm water run-off.
96
ARTICLE 2
RECITALS
Recital No. 1. The Owner owns the Real Property.
Recital No.2. The Real Property is being improved with large industrial warehouse buildings.
Recital No. 3. The Storm Sewer System will be constructed under, over, upon and within the
Real Property.
Recital No. 4. The City is willing to allow the plat of Northern Stacks to be recorded if Owner
complies with the reyuirements contained in Exhibit E of the Development Contract, of even
date herewith between the City and Owner, and if Owner executes this Storm Water
Maintenance Agreement.
Recital No. 5. The City has reyuired the Owner to provide, furnish, construct, install and
maintain the Storm Sewer System to treat storm water and accommodate the rate of flow of area
run-off, upon, over, under, through and within the Real Property.
Recital No. 6. The Owner agrees to furnish, construct, install and maintain the Storm Sewer
System to the approval of the City upon, over, under, upon,through and within the Real Property
and do all related grading, slope work and restoration.
Recital No. 7. By this Agreement the parties seek to:
a. impose upon the Owner the responsibility of maintaining the Storm Sewer System,
notwithstanding the fact that the Storm Sewer System exists within easements dedicated
or granted to the City and the public; and
b. provide a mechanism where the City may charge-back to the Owner any maintenance
work that the City performs with respect to the Storm Sewer System in the event the
Owner fails to perform its obligations to maintain the Storm Sewer System.
ARTICLE 3
RESPONSIBILITY FOR MAINTENANCE
3.1 Construction and Maintenance.
a. At its sole cost and expense, the Owner agrees to construct, operate, repair, maintain and
manage the Storm Sewer System upon, over, under, through and within the Real
Property, while conforming to City, Mississippi Watershed Management Organization,
and Minnesota Pollution Control standards for the purpose of receiving, retaining,
treating and transporting all storm sewer water which may be collected within the Storm
Sewer System. The City shall not under any circumstances be responsible for the on-
going physical performance of any repairs, changes or alterations whatsoever to the
Storm Sewer System and the City shall not be liable for the cost thereof.
2
97
Specifically, the Owner agrees, at its sole cost and expense and at no cost to the City, to
regularly:
1. Maintain and clean all portions of the Storm Sewer System including but not
limited to catch basins, manholes, piping, stormwater basins, structural storm
water treatment devices, outlet structures and any other associated portion or
component of the Storm Sewer System serving the Real Property and prior to
and at its point of connection to the City Storm Sewer System.
2. Repair or replace any deficient portion or component of the Storm Sewer
System.
3. Remove and properly dispose of litter and debris collected by the Storm
Sewer System on an annual basis or more often if required by the
manufacturer's recommendations for any structures, components, or devices
part of the Storm Sewer System. Owner shall send an annual report of this
activity to the City.
3.2 Standard of Maintenance. The standard of maintenance by the Owner shall comply
with a reasonable standard of care and conform to generally accepted standards and the same
standards that the City's Public Works Director utilizes for storm sewer systems that the City,
Mississippi Watershed Management Organization, and Minnesota Pollution Control maintains,
as those standards are from time to time amended. If trees or other vegetation located in the
areas of the Storm Sewer System become diseased or die and if in the judgment of the City's
Director of Public Works the dead or diseased trees or vegetation adversely affect the storm
water storage capacity or the flow of the storm water, then the Owner, upon the written request
of the City, shall remove the diseased or dead trees and vegetation within thirty (30) days after
the City's written reyuest.
3.3 Notice and Cure Period. In the event that the City's Public Works Director ("PWD")
determines that the Owner has failed to fully perform its obligations set forth in Section 3.1 of
this Agreement or fails to perform them consistent with the Standard of Maintenance set forth in
Section 3.2, the City shall give written notice pursuant to Section 3.6 to the Owner detailing the
failure of compliance with Sections 3.1 and 3.2. If within fifteen (15) days after transmittal of
this notice, Owner has failed to cure the deficiency or deficiencies identified in the notice, the
City may without further notice take any steps which it deems reasonably necessary in order to
correct the deficiency or deficiencies. The Owner agrees to then reimburse the City within thirty
(30) days of receipt of invoice for all costs incurred, including reasonable administrative
overhead, by the City in correcting the deficiency. If this invoice is not paid within thirty (30)
days of receipt, then Owner agrees that the City may certify or assess the cost against the
Owner's property pursuant to Section 3.4 Notwithstanding the requirement contained in this
Section relating to written notice and opportunity of the Owner to comply with the standard of
maintenance, in the event of an emergency as determined by the PWD, the City may perform the
3
98
work to be performed by the Owner without giving any notice to the Owner and without giving
the Owner fifteen (15) days to comply. If the City performs emergency service work, the
Owner shall be obligated to repay the City the costs incurred to perform the emergency service
work, and the City shall follow those procedures set forth in Sections 3.3 and 3.4 with respect to
the billing, collection and/or tax certification of such costs.
3.4 Citv Costs: Certification of Costs Pavable With Taxes; Special Assessments. If
payment is not made, the City may certify to Anoka County the amounts due as payable with the
real estate taxes for the Real Property in the next calendar year; such certifications may be made
under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility
bills. Owner waives any and all procedural and substantive objections to the imposition of such
usual and customary charges on the Real Property.
Further, as an alternate means of collection, if the written billing is not paid by the
Owner, the City, without notice and without hearing, may specially assess the Real Property for
the costs and expenses incuned by the City. The Owner hereby waives any and all procedural
and substantive objections to special assessments for the maintenance costs including, but not
limited to, notice and hearing requirements and any claims that the charges or special
assessments exceed the benefit to the Real Property. The Owner waives any appeal rights
otherwise available pursuant to Minnesota Statute § 429.081. The Owner acknowledges and
agrees that the benefit from the performance of maintenance tasks by the City and performance
of maintenance tasks by the City to ensure compliance with the maintenance standards equals or
exceeds the amount of the charges and assessments for the maintenance costs that are being
imposed hereunder upon the Real Property. �
3.5 Obligation For Maintenance Notwithstandin� Public Easement. The Owner agrees
that its obligations relating to maintenance of the Storm Sewer System exists notwithstanding the
fact that some or all of the Storm Sewer System is located in public easements. The City hereby
grants to the Owner a temporary right and license to enter the Real Property for the purpose of
performing the maintenance obligations relating to the Storm Sewer System for the duration of
the performance of the maintenance.
3.6. Notices. Any notices required under this Agreement shall be sent by certified mail,
return receipt requested, or by personal service at the following address:
If to City: City of Fridley
Attn: City Manager
6341 University Avenue NE
Fridley, MN 55432
4
99
If to Owner: Northern Stacks I LLC
Attn: Manager
1350 Lagoon Avenue South#920
Minneapolis MN 55408
In the event that a party to this Agreement transfers its interest in the Real Property, the other party
may fulfill its notice requirements under this Agreement by providing said notice to the party of
record on file at the Anoka County Assessor's office.
3.7 Indemnification. The Owner agrees to defend, indemnify and hold harmless the City
from any action and against any damages, costs and expenses, including reasonable attorney's
fees, which the City may sustain as a result of the Owner's construction and maintenance of the
Storm Sewer System located on the Real Property.
ARTICLE 4
MISCELLANEOUS
4.1 Binding Agreement. The parties mutually recognize and agree that all terms and
conditions of this recordable Agreement shall run with the Real Property, and shall be binding upon
the parties and the successors and assigns of the parties. This Agreement shall also be binding on
and apply to any title, right and interest of Owner in the Real Property acquired by Owner after the
execution date of this Agreement or after the recording date of this Agreement.
4.2 Filin�with Anoka Countv. Owner shall record a fully executed copy of this Agreement
with the Anoka County.
4.3 Counternarts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF,the parties hereto have hereunto set their hands this_day
of , 2014.
[The remainder of this page is intentionally left blank.]
5
100
NORTHERN STACKS I LLC
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2014, before me a Notary Public within and
for said County, personally appeared , to me personally known, who
being by me duly sworn, did say that he is the of Northern Stacks I
LLC, a Minnesota limited liability company, and that the foregoing instrument was executed on
behalf of Northern Stacks I LLC by authority of the Boards of Governors of Northern Stacks I
LLC.
Notary Public
6
101
CITY OF FRIDLEY
By:
Its: Mayor
By:
Its: City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of , 2014, before me a Notary Public within and for
said County, personally appeared Scott Lund and Walter Wysopal to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and the City
Manager of the City of Fridley, the Minnesota municipal corporation named in the faregoing
instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said
municipal corporation by authority of its City Council and said Mayor and City Manager
acknowledged said instrument to be the free act and deed of said municipal corporation.
Notary Public
After Recording,Please Return This
This Instrument Was Drafted By: Instrument To:
Darcy M. Erickson Darcy M. Erickson
LeVander, Gillen& Miller, P.A. LeVander, Gillen &Miller, P.A.
633 South Concord Street 633 South Concord Street
Suite 400 Suite 400
South St.Paul,MN 55075 South St. Paul,MN 55075
(651)451-1831 (651)451-1831
7
102
STORM WATER MAINTENANCE AGREEMENT
1'HIS AGREEMENT made and entered into this _day of ,
2014 by and between Fridley Land, LLC, a Minnesota limited liability company, hereinafter
referred to as "Owner" of the below described property; and the City of Fridley, a Minnesota
municipal corporation, hereinafter referred to as "City".
ARTICLE 1
DEFINITIONS
1.1 C�. City shall mean the City of Fridley, a Minnesota municipal corporation and its
successors and assigns.
1.2 Owner. Fridley Land, LLC, a Minnesota limited liability company and its successors
and assigns.
1.3 Real Proaertv. Real Property means the following real property located in Anoka
County, Minnesota:
Lot 2, Block 1,Northern Stacks
1.4 Storm Sewer Svstem. Storm Sewer System means each and all of the following,
individually and collectively: existing or future storm water pipes, conduits, culverts,
ditches, storm water ponds, reservoirs, catch basins, manholes, structures, devices,
components and appurtenances lying under, upon or within the Real Property used to
treat storm water and accommodate the flow of area storm water run-off.
103
ART_
RECITALS
Recital No. 1. The Owner owns the Real Property.
Recital No.2. The Real Property is being improved with large industrial warehouse buildings.
Recital No. 3. The Storm Sewer System will be constructed under, over, upon and within the
Real Property.
Recital No. 4. The City is willing to allow the plat of Northern Stacks to be recorded if Owner
complies with the requirements contained in Exhibit E of the Development Contract, of even
date herewith between the City and Owner, and if Owner executes this Storm Water
Maintenance Agreement.
Recital No. 5. The City has reyuired the Owner to provide, furnish, construct, install and
maintain the Storm Sewer System to treat storm water and accommodate the rate of flow of area
run-off,upon, over,under,through and within the Real Property.
Recital No. 6. The Owner agrees to furnish, construct, install and maintain the Storm Sewer
System to the approval of the City upon, over, under, upon, through and within the Real Property
and do all related grading, slope work and restoration.
Recital No. 7. By this Agreement the parties seek to:
a. impose upon the Owner the responsibility of maintaining the Storm Sewer System,
notwithstanding the fact that the Storm Sewer System exists within easements dedicated
or granted to the City and the public; and
b. provide a mechanism where the City may charge-back to the Owner any maintenance
work that the City performs with respect to the Storm Sewer System in the event the
Owner fails to perform its obligations to maintain the Storm Sewer System.
ARTICLE 3
RESPONSIBILITY FOR MAINTENANCE
3.1 Constraction and Maintenance.
a. At its sole cost and expense, the Owner agrees to construct, operate, repair, maintain and
manage the Storm Sewer System upon, over, under, through and within the Real
Property, while conforming to City, Mississippi Watershed Management Organization,
and Minnesota Pollution Control standards for the purpose of receiving, retaining,
treating and transporting all storm sewer water which may be collected within the Storm
Sewer System. The City shall not under any circumstances be responsible for the on-
going physical performance of any repairs, changes or alterations whatsoever to the
Storm Sewer System and the City shall not be liable for the cost thereof.
2
104
Specifically, the Owner agrees, at its sole cost and expense and at no cost to the City, to
regularly:
1. Maintain and clean all portions of the Storm Sewer System including but not
limited to catch basins, manholes, piping, stormwater basins, structural storm
water treatment devices, outlet structures and any other associated portion or
component of the Storm Sewer System serving the Real Property and prior to
and at its point of connection to the City Storm Sewer System.
2. Repair or replace any deficient portion or component of the Storm Sewer
System.
3. Remove and properly dispose of litter and debris collected by the Storm
Sewer System on an annual basis or more often if required by the
manufacturer's recommendations for any structures, components, or devices
part of the 5torm Sewer System. Owner shall send an annual report of this
activity to the City.
3.2 Standard of Maintenance. The standard of maintenance by the Owner shall comply
with a reasonable standard of care and conform to generally accepted standards and the same
standards that the City's Public Works Director utilizes for storm sewer systems that the City,
Mississippi Watershed Management Organization, and Minnesota Pollution Control maintains,
as those standards are from time to time amended. If trees or other vegetation located in the
areas of the Storm Sewer System become diseased or die and if in the judgment of the City's
Director of Public Works the dead or diseased trees or vegetation adversely affect the storm
water storage capacity or the flow of the storm water, then the Owner, upon the written request
of the City, shall remove the diseased or dead trees and vegetation within thirty (30) days after
the City's written request.
3.3 Notice and Cure Period. In the event that the City's Public Works Director ("PWD")
determines that the Owner has failed to fully perform its obligations set forth in Section 3.1 of
this Agreement or fails to perform them consistent with the Standard of Maintenance set forth in
Section 3.2, the City shall give written notice pursuant to Section 3.6 to the Owner detailing the
failure of compliance with Sections 3.1 and 3.2. If within fifteen (15) days after transmittal of
this notice, Owner has failed to cure the deficiency or deficiencies identified in the notice, the
City may without further notice take any steps which it deems reasonably necessary in order to
conect the deficiency or deficiencies. The Owner agrees to then reimburse the City within thirty
(30) days of receipt of invoice for all costs incurred, including reasonable administrative
overhead, by the City in correcting the deficiency. If this invoice is not paid within thirty (30)
days of receipt, then Owner agrees that the City may certify or assess the cost against the
Owner's property pursuant to Section 3.4 Notwithstanding the requirement contained in this
5ection relating to written notice and opportunity of the Owner to comply with the standard of
maintenance, in the event of an emergency as determined by the PWD, the City may perform the
3
105
work to be performed by the Owner without giving any notice to the Owner and without giving
the Owner fifteen (1S) days to comply. If the City performs emergency service work, the
Owner shall be obligated to repay the City the costs incurred to perform the emergency service
work, and the City shall follow those procedures set forth in Sections 3.3 and 3.4 with respect to
the billing, collection and/or tax certification of such costs.
3.4 Citv Costs• Certification of Costs Pavable With Taxes; Snecial Assessmeuts. If
payment is not made, the City may certify to Anoka County the amounts due as payable with the
real estate taxes for the Real Property in the next calendar year; such certifications may be made
under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility
bills. Owner waives any and all procedural and substantive objections to the imposition of such
usual and customary charges on the Real Property.
Further, as an alternate means of collection, if the written billing is not paid by the
Owner, the City, without notice and without hearing, may specially assess the Real Property for
the costs and expenses incurred by the City. The Owner hereby waives any and all procedural
and substantive objections to special assessments for the maintenance costs including, but not
limited to, notice and hearing requirements and any claims that the charges or special
assessments exceed the benefit to the Real Property. The Owner waives any appeal rights
otherwise available pursuant to Minnesota Statute § 429.081. The Owner acknowledges and
agrees that the benefit from the performance of maintenance tasks by the City and performance
of maintenance tasks by the City to ensure compliance with the maintenance standards equals or
exceeds the amount of the charges and assessments for the maintenance costs that are being
imposed hereunder upon the Real Property.
3.5 Obligation For Maintenance Notwithstandine Public Easement. The Owner agrees
that its obligations relating to maintenance of the Storm Sewer System exists notwithstanding the
fact that some or all of the Storm Sewer System is located in public easements. The City hereby
grants to the Owner a temporary right and license to enter the Real Property for the pur�ase of
performing the maintenance obligations relating to the Storm Sewer System for the duration of
the performance of the maintenance.
3.6. Notices. Any notices required under this Agreement shall be sent by certified mail,
return receipt requested, or by personal service at the following address:
If to City: City of Fridley
Attn: City Manager
6341 University Avenue NE
Fridley, MN 55432
4
106
If to Owner: Fridley Land LLC
Arin: Manager
1350 Lagoon Avenue South#920
Minneapolis MN 55408
In the event that a party to this Agreement transfers its interest in the Real Property, the other party
may fulfill its notice requirements under this Agreement by providing said notice to the pariy of
record on file at the Anoka County Assessor's office.
3.7 Indemnification. The Owner agrees to defend, indemnify and hold harmless the City
from any action and against any damages, costs and expenses, including reasonable attorney's
fees, which the City may sustain as a result of the Owner's construction and maintenance of the
Storm Sewer System located on the Real Property.
ARTICLE 4
MISCELLANEOUS
4.1 Bindin� Agreement. The parties mutually recognize and agee that all terms and
conditions of this recordable Agreement shall run with the Real Property, and shall be binding upon
the parties and the successors and assigns of the parties. This Agreement shall also be binding on
and apply to any title, right and interest of Owner in the Real Property acquired by Owner after the
execution date of this Agreement or after the recording date of this Agreement.
4.2 Filin�with Anoka Countv. Owner shall record a fully executed copy of this Agreement
with the Anoka County.
4.3 Counternarts. 'This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF,the parties hereto have hereunto set their hands this_day
of , 2014.
[The remainder of this page is intentionally left blank.]
� 5
107
FRIDLEY LAND LLC
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2014, before me a Notary Public within and
for said County, personally appeared , to me perso�ally known, who
being by me duly sworn, did say that he is the of Fridley Land
LLC, a Minnesota limited liability company, and that the foregoing instrument was executed on
behalf of Fridley Land LLC by authority of the Boards of Governors of Fridley Land LLC.
Notary Public
6
108
CITY OF FRIDLEY
By:
Its: Mayor
By:
Its: City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of , 2014, before me a Notary Public within and for
said County, personally appeared Scott Lund and Walter Wysopal to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and the City
Manager of the City of Fridley, the 1Vlinnesota municipal corporation named in the foregoing
instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said
municipal corporation by authority of its City Council and said Mayor and City Manager
acknowledged said instrument to be the free act and deed of said municipal corporation.
Notary Public
After Recording,Please Return This
This Instrument Was Drafted By: Instrument To:
Darcy M. Erickson Darcy M. Erickson
LeVander, Gillen & Miller, P.A. LeVander, Gillen &Miller, P.A.
633 South Concord Street 633 South Concord Street
Suite 400 Suite 400
South St. Paul,MN 55075 South St. Paul, MN 55075
(651)451-1831 (651) 451-1831
7
109
ENVIRONMENTAL INDEMNIFICATION AGREEMENT
FOR
NORTHERN STACKS,
ANOKA COUNTY,MINNESOTA
THIS ENVIRONMENTAL INDEMNIFICATION AGREEMENT ("Agreement") is
made, entered into and effective this day of , 2014,
by and between the City of Fridley, a Minnesota municipal corporation (hereafter referred to as
"City") and Northern Stacks I LLC and Fridley Land LLC (hereafter individually and
collectively referred to as "Landowner"). Subject to the terms and conditions hereafter stated
and based on the representations, warranties, covenants, agreements and recitals of the parties
herein contained,the parties do hereby agree as follows:
ARTICLE 1
DEFINITIONS
1.1 Terjns. The following terms, unless elsewhere specifically defined herein, shall
have the following meanings as set forth below.
1.2 C� "City"means the City of Fridley, a Minnesota municipal corporation.
1.3 Develoament Contract. "Development Contract" means that certain
Development Contract for NORTHERN STACKS between the City and Landowner dated
, 2014 relating to those certain Developer Improvements to be
constructed on the Landowner Property as a condition of the City's approval of Landowner's
Development Plans and the City's approval and release to Landowner for recording of the final
subdivision plat of NORTHERN STACKS, Anoka County, Minnesota.
1.4 Landowner. "Landowner" means Northern Stacks I LLC, a Minnesota limited
liability company, for purposes of Lot 1, Block 1, Northern Stacks and Fridley Land LLC, a
Minnesota limited liability company, for purposes of Lot 2, Block 1,Northern Stacks.
1.5 Landowner Pronerty. "Landowner Property" means that certain real property
located in the City of Fridley, Anoka County, Minnesota legally described on Exbibit A.
110
ARTICLE 2
RECITALS
Recital No. 1. Landowner owns the Landowner Property.
Recital No.2. Landowner has requested that the City give approva] for and release to
Landowner for recording the final plat of the NORTHERN STACKS subdivision.
Recital No.3. The City is willing to approve the Final Plat and release it for to
Landowner for recording if, in addition to other obligations set forth in the Development
Contract, Landowner executes and complies with this Agreement and the requirements contained
in the Development Contract between the City and Landowner.
Recital No. 4. The Development Contract requires the Landowner to construct
certain Developer Public Improvements within public rights-of-way or within public easements
and which are to be approved and later accepted by the City and transferred to the City for future
operations and maintenance.
Recital No. 5. The Landowner hereby acknowledges good and sufficient consideration
for entering into this Agreement.
ARTICLE 3
INDEIVINIFICATION
3.1 Indemnification. For purposes of this Section 3.1, the following terms have the
meanings set forth on Exhibit B to this Agreement.
Hazardous Substance Sofid Waste
Re►ease Hazardous Waste
Petroleum Pollutants
Construction Debris Contaminants
Demolition Debris Sewage Sludge
Industrial Solid Waste Waste
Mixed Municipal Solid Waste Environmental Laws
From and after the date hereof, Landowner agrees to indemnify, defend and hold the City
harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses,
costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest,
2
111
penalties and reasonable attorneys' fees, that the City incurs or suffers, after the date hereof, which
arise out of, result from or relate to the presence or Release of any Waste or Petroleum on the
Landowner Property caused or contributed to by Landowner, its contractors, subcontractors, agents
or employees, or any violation of any Environmental Law by Landowner, its contractors,
subcontractors, agents,or employees.
Upon the City's receipt of a copy of a Landowner's No Further Action Letter with respect to
all or a portion of the Landowner Property from the Pallution Controi Agency regarding the
Northern Stacks Phase I Remediation Action Plan, the City shall prepare and record a Release of
Environmental Indemnification Agreement which shall release all or a portion of the Landowner
Property from this Agreement,as appropriate.
ARTICLE 4
MISCELLANEOUS
4.1 BindinS Agreement. The parties mutually recognize and agree that all terms and
conditions of this Agreement shall run with the Landowner Property and shall be binding upon the
parties and the successors and assigns of the parties. The parties also agree that this Agreement
shall run with and be binding upon all after-acquired title of the Landowner with respect to the
Landowner Property.
4.2 Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance of
any of the obligations of another, waive any inaccuracies in representations by another contained in
this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise
constitute a breach of this Agreement, waive compliance by another with any of the covenants
contained in this Agreement, waive performance of any obligations by the other or waive the
fulfillment of any condition that is precedent to the performance by the party so waiving of any of
its obligations under this Agreement. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing. No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not
similar,nor shall any waiver constitute a continuing waiver.
4.3 Governin� Law. T'his Ageement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
4.4 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original but all of which shall constitute one and the same
instrument.
IN WITNESS WHEREOF Landowner and the City have entered into this Agreement
on the day and year first stated above.
3
112
CITY OF FRIDLEY
By: Scott Lund
Its:Mayor
By: Walter Wysopal
Its: City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of , 2014, before me a Notary Public
within and for said County, personally appeared Scott Lund and Walter Wysopal,to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
City Manager of the City of Fridley, the municipality named in the foregoing instrument, and that
the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority
of its City Council and said Mayor and City Manager acknowiedged said instrument to be the free
act and deed of said municipality.
Notary Public
4 �
113
LANDOWNER:
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of , 2014, before me a Notary Public within and for
said County, personally appeared to me personally known, who
being by me duly sworn, did say that is the of Northern Stacks
I LLC, a Minnesota limited liability company, the limited liability company named in the
foregoing instrument, and that said instrument was signed on behalf of said company by
authority of its Board of Governors and said acknowledged said instrument . �
to be the free act and deed of the limited liability company.
5
114
LANDOWNER:
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of , 2014, before me a Notary Public within and for
said County, personally appeared to me personally known, who being
by me duly sworn, did say that is the of Fridley Land LLC, a Minnesota
limited liability company, the limited liability company named in the foregoing instrument, and
that said instrument was signed on behalf of said company by authority of its Board of
Governors and said acknowledged said instrument to be the free act and
deed of the limited liability company.
THIS INSTRUMENT DRAFTED BY: AFrER RECORDING PLEASE
RETURN TO:
Darcy M.Erickson Darcy M. Erickson
LeVander, Gillen,&Miller, P.A. LeVander, Gillen&Miller, P.A.
633 South Concord Street 633 South Concord Street
Suite 400 Suite 400
South St.Paul,MN 55075 South St. Paul,MN 55075
(651)451-1831 (651)451-1831
6
115
EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER PROPERTY
Real Property located in the City of Fridley,Anoka County,Minnesota, described as follows:
Lots 1 and 2, Block 1,NORTHERN STACKS, Anoka County, Minnesota.
7
116
EXHIBIT B
ENVIRONMENTAL DEFINITIONS
Hazardous Substance. Hazardous Substance means hazardous substance as defined by Minn. Stat.
§ 115B.02.
Release. Release means any spilling, leakage, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping,or disposing into the environment of any Waste, Hazardous
Substance,Petroleum or pollutant or contaminant as defined by 42 U.S.C.Section 9601.
Petroleum. Petroleum means any of the following:
a.) gasoline
b.) fuel oil
c.) kerosene
d.) any petroleum distillate
e.) any petroleum residual
f.) diesel fuel
g.) oil
h.) ethanol.
Construction Debris. Construction Debris means construction debris as defined by Minn. Stat. §
I 15A.03.
Demolition Debris. Demolition Debris means solid waste resulting from the demolition of
buildings, roads, and other man-made structures including concrete, brick, bituminous concrete,
untreated wood,masonry,glass,trees, rock,and plastic building parts.
Industrial Solid Waste. Industrial Solid Waste means industrial waste as defined by Minn. Stat. §
115A.03.
Mixed Municinal Solid Waste. Mixed Municipal Solid Waste means mixed municipal solid waste
as defined by Minn. Stat. § 115A.03.
Solid Waste. Solid Waste means solid waste as defined by Minn. Stat. § 115A.03.
Hazardous Waste. Hazazdous Waste means hazardous waste as defined by Minn. Stat. § 115B.02.
8
117 1�
Pollutants. Pollutants means pollutants as defined by Minn. Stat. § 115B.02.
Contaminants. Contaminants means contaminants as defined by Minn. Stat. § 115B.02.
Sewage Slud�e. Sewage Sludge means sewage sludge as defined by Minn. Stat. § 115A.03.
Waste. Waste means,jointly and severally,the following:
a.) Hazardous Substances
b.) Hazardous Waste
c.) Pollutants
d.) Contaminants
e.) Construction Debris
f.) Demolition Debris
g.) Industrial Solid Waste
h.) Mixed Municipal Solid Was�e
i.) Solid Waste.
j.) Sewage Sludge.
Environmental Laws. `Bnvironmental Laws" shall mean all federal laws and regulations that
protect or regulate the environment, including, but not limited to, the Clean Air Act, �2 U.S.C. §
7401 et seq.; the Clean Water Act 33 U.S.C. § 1251 et sey., and the Water Quality Act of 1987; the
Federal Insecticide Fungicide, and Rodenticide Act ("FIFRA"), 7 U.S.C. § 136 et seq., the Marine
Protection Research, and Sanctuazies Act, 33 U.S.C. § 1401 et seq.; the National Environmental
Policy Act, 42 U.S.C. § 4321 et seq.; the Noise Control Act, 42 U.S.C. § 4901 et seq.; the
Occupational Safety and Health Act, 29 U.S.C. § 651 et sey.; the Resource Conservation and
Recovery Act ("RCRA"}, 42 U.S.C. § 6901 et seq. as amended by the Hazardous and Solid Waste
Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. § 3001 et sey.; the Comprehensive
Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq.
as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and
Community Right-To-Know Act, and Radon Gas and Indoor Air Quality research Act; the Toxic
Substances Control Act ("TSCA"), 15 U.S.C. § 2601 et seq.; the Atomic Energy Act, 42 U.S.C. §
2011 et seq., and the Nuclear Waste Policy Act of 1982, 42 U.S.C. § 2011 et sey., all as may be
amended, with implementing regulations and guidelines.
Environmental Laws shall also include The Minnesota Environmental Response and
Liability Act ("MERLA") and state, regional, county, municipal, and other local laws, regulations,
and ordinances insofar as they are equivalent or similar to the federal laws recited above or purport
to regulate Waste or Petroleum.
9
118
- AGENDA ITEM
�;���°f CITY COUNCIL MEETING OF
Fridley
NOVEMBER 10, 2014
Date: November 6,2014
To: Walter T. Wysopal, City Manage�r��T/ �
From: Scott Hickok,Community Development Director
Julie Jones,Planning Manager
Subject: Appeal Reyuest from James Kiewel, 1627-31 Rice Creek Road
Background
On October 1,2014,the Appeals Commission conducted an appeal hearing for a Mr.James Kiewel regarding a code
enforcement matter on his property.Mr.Kiewel owns two,adjacent single-family homes at 1627 and 1631 Rice Creek
Road.Upon hearing from staff and Mr.Kiewel,the Appeals Commission affirmed staffls position that Mr.Kiewel
needed to either remove his retaining wall and reconstruct it with a valid permit or provide the City a structural
engineering certificate supporting the sh-uctural integrity of the retaining wall on his property.
Dissatisfied with the Appeals Commissions Findings,Mr.Kiewel requested further review of his appeal by the City
Council.
This case covers 12 years of history, so there is a massive amount of background material that was presented by staff to
the Appeals Commission. Staff is providing that same material to the City Council in your reading file should you
desire to study the background of this case in detail. The attached draft of the minutes of the October 1,2014 Appeals
Commission meeting and the resolution they approved that includes their findings of fact,however, is an abbreviated
summary of the case.
Recommendation
Staff recommends that the City Council review the Appeals Commission decision and approve a City Council
resolution to complement the Commission's findings.A proposed resolution,which incorporates some additional
findings of fact related to points that Mr.Kiewel raised at the October 1 hearing will be available for your review and
consideration Monday evening. At the hearing,the City Council will need to affirm,repeal,or modify the Appeals
Commission decision in the form of their own resolution. They will have a resolution in hand to work from, as it will
be distributed with the presentation Monday evening.
119
APPEALS COMMISSION RESOLUTION NO. 2014--02
A RESOLUTION AFFIRMING THE DECISION OF CITY CODE ENFORCEMENT
OFFICER RELATED TO 1627 and 1631 RICE CREEK ROAD NE
� WHEREAS, the City of Fridley, Minnesota (the "City"), through its Community
Development staff, including the Planning Manager and Community Development Director,
conducts routine and systematic zoning code enforcement inspections throughout the City to help
protect the health, safety, general welfaze and good order of the public;
WHEREAS, James Kiewel ("Owner") owns real property located at 1627 Rice Creek
Road NE in the City(the"1627 Property);
WHEREAS, Owner owns real property located at1631 Rice Cr�ek Road NE in the City
(the"1631 Property");
WHEREAS,the City requires a land alteration permit whenever earth moving equipment
is involved in the movement of dirt and fill on real property;
WHEREAS, while the Fridley City Code only allows minor landscaping that can be
completed with hand tools to be conducted on residential property without a land alteration
P�t�
WHEREAS, on or about June 28, 2005, Owner applied for a land alteration permit (the
"Permit") for the 1631 Property(Exhibit 2);
WHEREAS, the materials that the Owner subxnitted to the City indicated that the
proposed change on the 1631 Property in the land alteration work for which he sought the Permit
included a retaining wall and depicted a four(4) foot grade difference from one end of the lot to
the other(Exhibit 2); and
WHEREAS, in the application, the Owner requested the Permit to "fill low lying areas
of[the] backyard"on the 1631 Property(Exhibit 2);
WHEREAS, on or about June 30, 2005, the City approved the Permit for the 1631
Property(Exhibit 2);
WHEREAS, the Permit only authorized land alteration and dirt and fill moving on the
1631 Property and not the 1627 Property(E�ibit 2);
WHEREAS, Owner mov� dirt on the 1631 Property during the timeframe allowed
pursuant to the Permit; and
WHEREAS,the Peimit expired on September 30, 2005 (Exhibit 2);
120
Appeals Commission Resolution No. 2014-02 Page 2
WHEREAS, on or about October 4, 2005, the City received a noise complaint that
Owner had been moving dirt on the 1631 Property;
WHEREAS, subsequent to the October 4, 2005 noise complaint, the City, through its
Assistant Public Works Director, discovered that the Owner had constructed a six (6) foot tall
retaining wa11 on the 1631 Property consisting of two levels of three (3) foot ta11 plastic barrels
(Exhibit 3); and
WHEREAS,in some azeas on the 1631 Property, the retaining wa11 is topped with three
rows of railroad ties, for a total height in excess of eight (8) feet in some areas on the Property
(Exhibit 9); and
WHEREAS, City Code Sections 206.01.1 and 206.01.2, as well as Minn. R. 1300.0120
require the issuance of a building permit for the construction of any retaining wa11 constructed
that exceeds four(4) feet in height;
WHEREAS, the City issues its building perniit for retaining walls that exceed four (4)
feet in height through inclusion of the retaining wa11 authorization in the land alteration permit
and is reflected in a condition that the retaining wall design be certified by a professional
engi.neer;
WHEREAS, the Permit did not authorize or a11ow the Owner to construct a retaining
wall on the 1631 Property that exceeded four (4) feet in height and did not authorize any
retaining wall construction or land alteration or earth moving at all on the 1627 Property; and
WHEREAS, on or about December 14, 2005, the City Assistant Public Warks Director
sent a letter to the Owner notifying him that: (1)the Permit had expired; (2)he needed to provide .
structural engineering certification to approve the constructed retaining wall; and (3) directed
him to obtain a new land alteration permit by December 31,2005 (Exhibit 3);
WHEREAS, the Owner never abtained another land alteration permit for the 1631
Property;
WHEREAS, the Owner has admitted that the retaining wa11 exceeds four (4) feet in
height;
WHEREAS, after the expiration of the Permit, the Owner continued to move more dirt,
and fill on the 1631 Property without a valid, unexpired land alteration permit and moved dirt
and fill on the 1627 Property(E�ibits 5 and 7};
WHEREAS, on or about July 29, 2047, the City received a noise complaint through its
Police Department regarding the 1631 Property and, upon arrival, the responding officer
observed the Owner driving a bobcat and moving dirt on the 1631 Property(Eachibit 5);
WHEREAS, on or about July 29, 2007, the Owner did not have a land alteration permit
authorizing land alteration and dirt moving on the 1631 Property;
121
Appeals Commission Resolution No. 2014 -02 Page 3
WHEREAS, on or about August 6, 2007, City Community Development Director, Scott
Hickok, sent the Owner a letter informing him that he needed to obtain a land alteration permit
for the excavation continuing to occur on the 1631 Property and provided an August 10, 2007
deadline to obtain the land alteration permit(Exhibit 6);
WHEREAS, the Owner failed to obtain any land alteration perinit for the 1631 Property
after the expiration of the Permit on September 30,2005;
WIiEREAS, on or about September 5, 2011, the City, through its Police Department,
was dispatched to the 1627 Property and, on arrival,the responding officer observed the Owner,
who had not yet taken title and possession to the 162? Property, on a skid loader moving dirt
(Exhibit 7);
WHEREAS,on or about September 5, 2011,there was no existing land alteration permit
for the 1627 Property;
WHEREAS,the responding police officer observed during his visit to the 1627 Property
that there wa.s no vegetative cover left in the rear yard of the 1627 Property(Exhibit 7);
WHEREAS, the Owner used heavy e�uipment and altered the land and moved dirt on
the 1627 Property without ever having applied for ox received a land alteration pennit from the
City;
WHEREAS, on or about January 24, 2013, the City's Assistant Public Works Director
sent the Owner a letter regarding the "Non-permitted Soil Disturbance" at the 1627 Property
(Exhibit 8);
WHEREAS, in the January 24, 2013 letter, the City's Assistant Public Works Director
informed the Owner that: (1)"significant grading of soils has taken place" on the 1627 Property;
(2)that he had observed"stockpiled soils, a skid loader,and non-stabilized soils on-site" and (3)
that these activities required a land alteration permit(E�ibit 8);
WHEREAS, subsequent to the City's Assistant Public Works Director's 3anuary 24,
2013 letter,the Owner never applied for a land alteration permit;
WHEREAS, on September 5, 2013, Julie Jones, City Planning Manager, and Scott
Hickok, City Community Development Director, conducted an exterior inspection of the 1631
Property, and observed the plastic barrel retaining wa11 on the 1 b31 Property and observed that it
was failing in that at least one of the plastic barrels in the second row had slufted out of line and
was susceptible to falling, one of the barrels had ripped open, and run off water was being
diverted off of the 1631 Property(E�iibit 9);
WHEREAS,with respect to the 1631 Property, on September 11, 2013, Julie Jones, City
Planning Manager, sent the Owner a First Notice of Non Compliance of the Fridley City Code
advising the Owner that: (1) his Perrmit had expired when he had done eaxth moving work; (2)
122
Appeals Commission Resolution No. 2014-02 Page 4
the.Permit had not authorized construction of the plastic barrel retaining wall; and (3) the State
Building Code required a building permit when installing a retaining wall in excess of four (4)
feet(Exhibit 10);
WHEREAS, with respect to the 1627 Property, on September 12, 2013, Julie Jones, City
Planning Manager, sent the Owner a First Notice of Non Compliance of the Fridley City Code
advising the Owner that he had extensively altered the rear yazd and constructed a retaining wall
in excess of four(4) faet ta11 without a land alteration permit(Exhibit 11);
WHEREAS, on September 26, 2013, the Owner served the City with a "Notice of
Contested Case" for each the 1627 Property and the 1631 Property objecting to the City's
determinations concerning the grading and construction of a retaining wall without a valid land
alteration permit and building peimit(Exhibit 12);
WHEREAS, with respect to the 1631 Property, on October 9, 2013, the City Planning
Manager, sent the Owner a letter advising the Owner that he had constructed a retaining wall
without a building permit or land alteration pennit, that the retaining wall is failing and creating
a public nuisance and that he needed to provide structural engineering certification for the wa11
by December 31,2013 or remove it by June 15,2014(Exhibit 13);
WHEREAS, on November 1, 2013, the City, through Scott Hickok, its Community
Development Director, mailed the Owner notice of the scheduling of an Appeals Commission
hearing for November 13, 2013 at 7:00 p.m. to hear the Owner's appeal from the Planning
Manager's order to provide structural engineering certification of the retaining wa11 by December
31,2013 or remove the retaining wall by June 15,2014(Exhibit 15);
WHEREAS, on November 7, 2013, Dazcy Erickson, the Fridley City Attorney, sent the
Owner a letter advising the Owner that the November 13, 2013 Appeals Commission meeting at
which the abatement of the retaining wa11 constructed without a valid land alteration permit and
building permit was cancelled,because the City abatement liearing was premature at that time, as
the October 9, 2013 Notice provided a deadline for removal af the retaining wall by June 15,
2014(Exhibit 16);
WHEREAS, the Owner failed to remove the retaining wa11 from the 1631 Property
before the June 15, 2014 deadline; ,
WHEREAS, Owner failed to provide the City with an engineering report that certifies
that the retaining wa11 is structurally sound before the June 15, 2014 deadline, despite City
requests for said report;
WHEREAS, on or about Ju1y 9, 2014, the City sent letters to the Owner regarding the
1627 Property and the 1631 Property directing the Owner to rexnove the retaining wall
constructed without a proper building permit and rebuild it with proper permits or that he provide
structural engineering certification for the retaining wall by August 9,2014 (Exhibits 17 and 18).
123
Appeals Commission Resolution No.2014-02 Page 5
WHEREAS, on or about August 8, 2014, the Owner provided the City with "Contested
Case"packets on both the 1627 Property and the 1631 Property (E�ibits 19 and 20).
WHEREAS, on or about August 20, 2014, the City, through Scott Hickok, its
Community Development Director, mailed the Owner notice of the scheduling of an Appeals
Commission hearing for September 3, 2014 at 7:00 p.m. to hear the Owner's appeal from the
order of the Planning Manager to remove and rebuild the 2-tier blue barrel retaining wa11 with
building and land alteration permits or provide the City with a structural certification for the
retaining wall from a licensed professional engineer(Exhibit 21);
WHEREAS, on or about August 28, 2014, the Owner mailed motions he filed with the
Anoka County District Court concerning requests for information, which he classified as
"discovery" (Eachibit 22);
WHEREAS, on or about September 3, 2014,the City received a letter, dated August 29,
2014, from Anoka County District Court advising the Owner that it was unable to consider the
Owner's motions(Exhibit 23);
WHEREAS, aerial photography depicts significant changes in the topography of the
1627 Property and 1831 Property have occurred since 2000 (Exhibits 24 through 27 and 29
through 33);
WHEREAS,a v�lid land alteration permit existed for a three(3)month period from June
30, 2005 through September 30,2005;
WHEREAS, significant topographical changes occurred between 2008 and 2011, when
there were no land alteration permits for either the 1627 Property and the 1631 Property
(E�ibits 24 through 27); �
WHEREAS, at the September 3, 2014 Appeals Commission hearing, the City continued
the hearing to October 1, 2014 so that it could prepare and provide the information requested by
the Owner;
WHEREAS, on or about September 12, 2014, City staff mailed the Owner a copy of the
materials responsive to his request;
WHEREAS, the City, through its Planning Manager Julie Jones Cammunity
Development Director Scott Hickok, Assistant Public Works Director Layne Otteson, Building
Official Ron Julkowski, and Officer Matt Noren, and the Owner, appeared before the Appeals
Commission on October 1, 2014 and presented their respective arguments, evidence and
testimony to the Appeals Commission;
NOW, THEREFORE BE IT RESOLVED by the Appeals Commission of the City of Fridley
after listening to a11 of the facts presented hereby makes the following FINDINGS OF FACT:
124
Appeals Coxnmission Resolution No. 2014 -02 Page b
1. That each and all of the ,preceding statements are true and correct and are
incorporated herein as part of the findings of fact and record of these proceedings.
2. That each and all of the exhibits are incorporated herein as a part of the record of
these proceedings.
3. That Fridley City Code Section 205.04.4.I(2) states:
I. No land sha11 be altered and no use shall be permitted that results in water
run-off causing flooding, erosion or deposits of minerals on adjacent
properties. The following standaxds sha11 be implemented:
(2) A grading and drainage plan shall be subxnitted in
conjunction with a building or land alteration peYmit and shall be
drawn at a scale no smaller than (1) inch equals two hundred
feet....
4. That Fridley City Code Section 245.04.4.I.3 states:
(3) A grading and drainage plan is not required for the following
development activities:
(a) minor land disturbance activities such as home
gardens and individual residential landscaping,
repairs, and maintenance work....
5. That Fridley City Code Sections 205.04.4.I.3 exempts only those residential
landscaping and home gardening activities performed with simple hand tools such as
shovels and wheel barrows.
6. That Fridley City Code Sections 205.04.4.I(2) and 205.04.4.I.3 require land alteration
and grading permits for residential projects involving earth moving equipment.
7. That Fridley City Code Section 206.01.1 adopts the State Building Code and sta.tes:
1. Building Code. The Minnesota State Building Code, established pursuant to
Minnesota Statutes 16B.59 through 16B.71, one copy of which is on file in the
office of the City Clerk of Fridley, Minnesota, is hereby a.dopted by reference as
the Building Code of the City of Fridley and incorporated in this Chapter as
completely as if set out here in full.
8. That Fridley City Code Section 206.01.2 incorporates Minnesota Rules Chapter 1300,
which governs permitting and states:
2. The following chapters of the Minnesota State Building Code including the
following chapters of Minnesota Rules are adopted by the City: .
125
Appeals Commission Resolution No. 2014 -02 Page 7
A. Chapter 1300—Administration of the Minnesota Building Code
9. Minn. R. 1300.0120 exempts retaining walls four (4) feet and less in height from
building permitting requirements but requires a building permit for any retaining wall
in excess of four(4) feet and states:
Subp. 4. Work Ezempt from permit. Exemptions from permit
requirements of the code do not authorize work to be done in any manner
in violation no the 'code or any other laws or ordinances of this
jurisdiction. Permits shall not be required for the following:
A. Building:
(4) retaining walls that are not over four feet(1,219
mm in height measured from the bottom of the
footing to the top of the wall, unless supporting a
surchazge or impounding Class I, II, or III-A
liquids.
10. The Owner has engaged in extensive and significant earth moving on both the 1627
Property and the 1631 Property that exceeds a reasonable definition of minor land
disturbance such as individual residential landscaping,as he has utilized earth moving
equipment and has performed grading work that could not be accomplished with hand
tools alone.
11. The Owner's Permit for the 1631 Property expired on September 30, 2005 and the
Owner continued earth moving activities long after the expiration of the Permit and in
violation of City Code Section 205.04.4.I(2).
12. The Owner constructed the six (6) foot retaining wa11 on the 1631 Property without a
building permit for the 1631 Property in violation of Fridley City Code Sections
206.01.1 and 206.01.2, and Minn.R. 1300.0120.
13. The Owner never obtained a land alteration permit for the 1627 Property and engaged
in extensive and significant earth moving on the 1627 Property in violation of City
Code Section 205.04.4.I(2).
14. The Owner constructed the six (6) foot retaining wall on the 1627 Property without
obtaixiing a land alteration and building permit for the 1627 Property as required by
Fridley City Code Sections 205.04.4.I(2), 205.01.1 and 206.01.2, and Minn. R.
1300.0120.
15. The Owner received several notices from the City's duly authorized code
enforcement agents over a period of years notifying the Owner that the retaining wall
must be removed and replaced pursuant to a valid land alteration and building permit
126
Appeals Commission Resolution No. 2414-02 Page 8
or that, in lieu of said removal and replacement, the Owner could provide sfxuctural
engineering certification for the retaining wa11.
16. The Owner has failed over that same period of years to remove and rebuild the
retaining wa11 pursuant to a valid land alteration and building permit for land
alteration and construction of the retaining wa11 on the 1631 Property and 1627
Property.
17. The Owner has failed over that same period of years to ever provide the City with
structural engineering certification as to the integrity of the retaining wall on the 1631
Property and 1627 Property.
BE IT FURTHER RESOLVED THAT based on these findings, the Appeals Coxnmission of
the City of Fridley hereby affirms the order of the City Planning Manager directing the Owner to
either: (1) remove the retaining wall on the 1631 Property and 1627 Property and reconstruct it
pursuant to valid land alteration and building permit; or (2) provide the Ciry a structural
engineering certificate concerning the structural integrity of the retaining wall on the 1631
Property and the 1627 Property as required by Fridley City Code Section 205.OS.S.I(2), 206.01.1,
and 206.01.2, as well as Minn. R. 1300.0120.
PASSED AND ADOPTED BY THE APPEALS COMMISSION OF THE CITY OF FRIDLEY
THIS I S� DAY OF OCTOBER 2014.
r
Br Sielaff,Chair
Attest:
Debra Skogen, Cit lerk
127
� AGENDA ITEM
""�I CITY COUNCIL MEETING OF NOVEMBER 10, 2014
Fridley
INFORMAL STATUS REPORTS
128