CCA 10/24/2016 f�' CITY COUNCIL MEETING OF OCTOBER 24, 2016
ridley
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)
COUNCIL CONFERENCE MEETING (6:30 P.M.1
Discuss Ordinance Amending the Fridley City Code,
Chapter 113, Solid Waste Disposal and Recycling
Collection
CITY COUNCIL MEETING:
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of October 10, 2016 1 - 15
NEW BUSINESS:
1. Receive the Planning Commissions Minutes
of September 21, 2016 16 - 34
2. Resolution Calling for Redemption of
Certain Outstanding Bonds 35 - 38
3. Resolution Authorizing Execution of a Source
Water Protection Implementation Grant
Agreement with the Minnesota Department of
Health for Well Sampling 39 - 52
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2016 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
4. Resolution Authorizing Execution of End Grant
Agreement with the Metropolitan Council for
Inflow/Infiltration Reduction 53 - 101
5. Approve Proposed 2017 Development Review
Schedule for the Planning Commission,
Appeals Commission and City Council Action 102 - 107
6. Claims (174370 — 174528) 108 - 130
7. Estimate 131
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes
ADOPTION OF AGENDA:
PUBLIC HEARING:
8. Consider Amending the Fridley City Code,
Chapter 113, Solid Waste Disposal and Recycling
Collection 132 - 150
9. Consider an Ordinance Opting Out of the
Requirements of Minnesota Statutes,
Section 462.3593 151 - 163
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2016 PAGE 3
NEW BUSINESS:
10. First Reading of an Ordinance Opting Out
of the Requirements of Minnesota Statutes,
Section 462.3593 164 - 165
11. Approve Change Order No. 3 for 2015 Street
Rehabilitation Project No. ST2015-01 166 - 167
12. Informal Status Reports 168
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CITY COUNCIL MEETING
CITY OF FRIDLEY ,
OCTOBER 10,2016
The City Council meeting for the City of Fridley was called to order by Mayor Pro Tem Barnette
at 7:00 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Pro Tern Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
MEMBERS ABSENT: Mayor Lund
OTHERS PRESENT: Wally Wysopal, City Manager
Shelly Peterson, Finance Director
Darcy Erickson, City Attorney
James Kosluchar, Public Works Director
Scott Hickok, Community Development Director
Kay Qualley, Environmental Planner
Jack Kirk, Parks and Recreation Director
PROCLAMATIONS:
Student Foreign Exchange Week: Kaoutar Karoui from Italy
Fire Prevention Week: October 9-15, 2016
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of September 26,2016.
APPROVED.
NEW BUSINESS:
1. Resolution Adopting Assessment for 2016 Utility Lateral Repair Project.
APPROVED RESOLUTION NO. 2016-56.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10,2016 PAGE 2
2. Resolution Certifying Certain Delinquent Utility Services to the County for Collection
with the 2017 Property Taxes.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE
REGULAR AGENDA.
3. Receive the Landscape Design Guidelines for the Urbanized Sections of University
Avenue (53rd Avenue through Community Park Area at 71st Avenue N.E.).
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE
REGULAR AGENDA.
4. Receive the Twin Cities Gateway Fiscal Year 2017 Budget.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE
REGULAR AGENDA.
5. Claims (1609-ACH PCard; 174220 - 174369).
APPROVED.
6. Estimates:
Kuechle Underground, Inc.
P.O. Box 509
Kimball, MN 56302
2015 Street Rehabilitation Project No. ST 2015-01
Estimate No. 10 $174,981.27
Northwest Asphalt
1451 Stagecoach Road
Shakopee, MN 55379
2016 Street Rehabilitation Project No. ST 2016-01
Estimate No. 4 $198,210.31
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked to remove Item Nos. 2, 3 and 4.
MOTION by Councilmember Bolkcom to approve the proposed Consent Agenda with the
removal of Item Nos. 2, 3 and 4. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10,2016 PAGE 3
OPEN FORUM VISITORS:
Travis Gardner, 5313 Horizon Drive, said he had issues with the roads that were redone
recently. The project did not go as the neighborhood thought it should. Curbs are not done and
they are cracked and broken. The roadway is uneven and took 6 months to complete. In that
timeframe there were problems with a mud slick, his wife could not go to work, and police were
called because he had asked a worker to move their car that was parked in front of garbage that
was to be picked up.
Mr. Gardner said he purchased this home from his grandparents and is sad to see neighborhoods
going this way. The City is hiring workers that do not care about the project and workers seem to
have no accountability for this city. Police are acting irrationally. Even though Council may feel
they are doing everything they can, they should be working to better this community. He urged
Council to think about citizens and how we can be better and hire better people.
Councilmember Bolkcom asked if Public Works or City Councilmembers were contacted.
Mr. Gardner replied yes. Public Works came out with law enforcement and told him if he did not
stop talking to construction workers he could deal with the police. The conversation was not
consensual, so he walked away. He made many telephone calls and received a notice that he
would be contacted by March 21, and he did not hear back from someone in over a week. There
needs to be a community effort from civilians, council and the people who are hired to do the
work. Council actions do have consequences that they do not know about.
Pro Tem Mayor Barnette said that staff will follow up with Mr. Gardner and Council.
Cabrera Diela, 5312 Horizon Drive NE, said that workers from the construction came inside his
house and crawled over the desk by the computer to look at pipes and connection of water and did
not use a ladder. They do not care about his property. He also has a problem with the lawn
because they put down gravel and planted new seed for the grass and there were rocks in there and
when he used his new lawn mower it damaged the blade. The work is finished but for $2,080 they
did not do a good job. He also does not want to be charged double for the curb because they had to
do a new one.
Pro Tem Mayor Barnette said he will be contacted by staff.
Councilmember Bolkcom wanted to clarify that people are not charged for their curb.
Jim Kosluchar, Public Works Director, replied that the curb is not assessed. Residents are only
assessed for the street--the base and asphalt only.
Councilmember Bolkcom said if people have questions about curbs they can contact Public
Works. She said they are aware there are outstanding landscaping issues in some areas.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10, 2016 PAGE 4
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda with addition of Item Nos. 2, 3 and 4.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
7. Consideration of Revision of the Fridley City Code, Chapter 113, Solid Waste Disposal
and Recycling Collection.
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember
Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING
OPENED AT 7:30 P.M.
Scott Hickok, Community Development Director, stated that staff would like to advertise this item
for a public hearing and present at the October 24, 2016, City Council Meeting.
MOTION by Councilmember Saefke to continue the public hearing until October 24, 2016, for
full Council review. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING
WAS CONTINUED UNTIL OCTOBER 24,2016
8. Consideration of Opting Out of Subdivision 9 of Minnesota Statutes, Section 462.3593,
Permitting Temporary Health Care Dwellings
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING
OPENED AT 7:31 P.M.
Scott Hickok, Community Development Director, stated that staff would like to continue this
public hearing until October 24, 2016 for full Council review.
MOTION by Councilmember Bolkcom to continue the public hearing until October 24, 2016.
Seconded by Councilmember Saefke.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10,2016 PAGE 5
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING
WAS CONTINUED UNTIL OCTOBER 24,2016.
9. Consideration of the Special Assessments for Street Improvement Project No. ST2015-01.
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING
OPENED AT 7:33 P.M.
Shelly Peterson, Finance Director, stated the special assessments pertain to the rehabilitation of
City streets as part of the City's Street Resurfacing Plan. Proposed special assessments for this
project are established in conformance with the City's Special Assessment Policy.
Ms. Peterson stated the 2015 Street Improvement Project includes the Summit Manor
Neighborhood; South of I-694, North of 49th Avenue, and between Main Street and University
Avenue. Residents and Commercial owners received mailings prior to the project moving
forward. There are 290 properties that are subject to this assessment, including 22 Commercial
and 268 Residential.
Ms. Peterson noted the proposed special assessments are calculated in accordance with the City's
policy, and pay for portions of the street rehabilitation only (curbing and utilities are excluded).
Each single family residential property is proposed to have an assessment of $2,080.00.
Commercial properties are assessed based on $27.81 per lineal foot. The proposed residential and
commercial special assessments for the project compare favorably with projected special
assessments. Single family residential projections were $2,380 at the time of the open house (13%
higher) and $2,185 at the time of contract award (5% higher). The proposed assessment is $2,080,
and commercial special assessments were similarly reduced. These proposed residential
assessments are only$5.55 greater than a nearly identical project in 2013.
Ms. Peterson said minor elements of the project are yet to be completed, including sawing and
sealing asphalt joints, construction of a raised intersection on 3rd Street and Horizon Drive,
planting of storm water bioswales on 3rd Street, and known and future warranty repairs.
Ms. Peterson stated there is a 10-year assessment payback period and payments are subject to a
5.25% interest rate. Written or oral objections will be considered at this public hearing. No appeal
may be taken as to the amount of the assessment unless a signed, written objection is filed with the
City Clerk prior to the hearing or is presented to the presiding officer at this hearing. Property
owners have until the close of business on November 23 to pay all or at least half of the assessment
interest free. After November 23, interest will be charged on the remaining balance. The
assessment is due annually to the County in November for collection on the next year's real estate
taxes. The remaining balance of the principal may be paid to the City by November 15 each
calendar year to cancel all future installments. A deferral option for retired or disabled property
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10,2016 PAGE 6
owners is available for homesteaded properties. For more information, contact the Finance
Department at (763) 572-3537.
Ms. Peterson said staff recommends the public hearing be opened for public comment. The
resolution adopting the special assessment roll is under new business as Item 12.
Councilmember Bolkcom noted that there are still some outstanding things to be done on this
project and asked when they will be completed.
Jim Kosluchar, Public Works Director, replied the contractor has a punch list of items to be
completed and a memorandum was provided to Council with details. The contractor must finish
the items on the list before fmal payment is made. If the list does not get completed, we will
subcontract the work out and offset the cost on their final payment.
Councilmember Bolkcom asked what the date of completion would be.
Mr. Kosluchar replied that the work is due now.
Councilmember Bolkcom asked if it would be completed by mid-November.
Mr. Kosluchar replied yes. They started working on things last week.
Councilmember Bolkcom said if anyone has issues they can call Public Works. Staff would like
to hear about issues so they can be resolved. If you called before and the work still is not done,
please call again.
Mr. Kosluchar replied staff has taken a fair amount of calls on this project, plus residents also ask
questions when staff is out in the area.
Councilmember Bolkcom added even if there are issues from this spring, call to let staff know
about it.
Roger Bowman, 5420 Altura Road, asked how to pay for the work in its entirety.
Ms. Peterson replied once this has been approved by Council, you can make payment by check,
cash or credit card tomorrow at City Hall.
Councilmember Bolkcom asked if another letter would be sent out.
Ms. Peterson replied yes. Reminder letters will be sent out by Wednesday with the final approved
amount and information on deferment.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember
Saefke.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10,2016 PAGE 7
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING
CLOSED AT 7:43 P.M.
10. Consideration of the Special Assessments for Street Improvement Project No. ST2016-01.
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:43
P.M.
Shelly Peterson, Finance Director, stated the special assessments for this project pertain to the
rehabilitation of City streets as part of the City's Street Resurfacing Plan. Proposed special
assessments for this project are established in conformance with the City's Special Assessment
Policy. The 2016 Street Improvement Project includes the Plymouth Neighborhood South of 49th
Avenue to 45th Avenue between Main Street and University Avenue. Residents and commercial
owners received mailings prior to the project moving forward for the following meetings:
• Residents were invited to a project workshop held on November 24, 2015
• A hearing on improvements was held on January 25, 2016
• 169 Residential properties are subject to this assessment.
Ms. Peterson noted that the proposed special assessments are calculated in accordance with the
City's policy, and pay for portions of the street rehabilitation only (curbing and utilities are
excluded). Each single family residential property is proposed to have an assessment of$2,125.93.
The proposed residential special assessments for the project compare favorably with projected
special assessments. Single family residential projections were:
• $2,450 at the time of the open house (13%higher)
• $2,255 at the time of contract award (6%higher)
• The proposed assessment is $2,125.93
These proposed assessments are $6.00 lower than a similar project in 2014.
Ms. Peterson said minor elements of the project are yet to be completed, including sawing and
sealing asphalt joints, regrading of an intersection on 2nd Street south of 49th Avenue and known
and future warranty repairs. There is a 10-year assessment payback period and payments are
subject to a 5.25% interest rate.
Ms. Peterson said written or oral objections will be considered at this public hearing. No appeal
may be taken as to the amount of the assessment unless a signed, written objection is filed with the
City Clerk prior to the hearing or is presented to the presiding officer at this hearing. Property
owners have until the close of business on November 23 to pay all or at least half of the assessment
interest free. After November 23, interest will be charged on the remaining balance. The
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10, 2016 PAGE 8
assessment is due annually to the County in November for collection on the next year's real estate
taxes. The remaining balance of the principal may be paid to the City by November 15 each
calendar year to cancel all future installments.
Ms. Peterson noted that a deferral option for retired or disabled property owners is available for
homestead properties. Contact the Finance Department at(763) 572-3537 for more information.
Staff recommends the public hearing be opened for public comment. The resolution adopting the
special assessment roll is under new business as Item 13.
MOTION by Councilmember Bolkcom to receive into record a letter from David L Carlson and
Elizabeth A. LaPanta and a letter dated October 10, 2016, from Sandra Hahn and the response
prepared by Mary Smith, City Assessor. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom had a question regarding a letter that mentioned that the asphalt looked
more porous than it used to. She asked how the asphalt was different than the past.
Jim Kosluchar, Public Works Director, replied that "super pave" was developed by the Federal
Highway Administration and is used in 50 states and now used locally. The City switched to
"super pave" about 6 years ago. It is more open-grated and when the pavement is not sealcoated,
you do see some of the pores. This asphalt is not pervious to water and is more durable, which is
why it is used across the country. Super pave has been used in other projects and there have not
been any issues.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING
CLOSED AT 7:51 P.M.
11. Consideration of the Assessment for the 2016 Nuisance Abatement.
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:51
P.M.
Shelly Peterson, Finance Director, stated this is the annual assessment for those properties where
continuing code violations existed and the City expended resources to bring the properties into
compliance. We have 27 properties involved in this assessment and the total amount of the
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10,2016 PAGE 9
assessment will be $18,279.78. The assessment will be for 1 year at 6 1/2 % interest. Written or
oral objections will be considered at this public hearing. No appeal may be taken as to the amount
of the assessment unless a signed, written objection is filed with the City Clerk prior to the hearing
or is presented to the presiding officer at this hearing.
Ms. Peterson noted that staff has not received any correspondence contesting the proposed
assessment. Property owners have until the close of business on November 23 to pay all or at least
half of the assessment interest free. After November 23, interest will be charged on the remaining
balance. Any remaining principal along with interest from the date of Council adoption of the
resolution through December 31, 2017, will be collected with the next year's real estate taxes. A
deferral option for retired or disabled property owners is available for homestead properties,
contact the Finance Department for more info at 763-572-3537.
Staff recommends the public hearing be open for public comment. The resolution adopting the
assessment roll is under New Business as Item 14.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:54
P.M.
NEW BUSINESS:
2. Resolution Certifying Certain Delinquent Utility Services to the County for Collection
with the 2017 Property Taxes
Councilmember Bolkcom noted the timing for this is two weeks earlier than prior years. She did
not want to be certifying something that may bigger in two weeks.
Shelly Peterson, Finance Director, replied every year the amount presented is higher than when it
is assessed to the County. Letters were sent out to utility customers giving them until November
23, 2016, to pay. Staff anticipates several more payments before it finally goes to Anoka County
and that amount will be lower than it is today.
Councilmember Bolkcom said the delinquencies have been creeping up over the years.
Ms. Peterson replied the amount was much higher 4 to 5 years ago. The graph does not represent
those years—when the housing market had significant foreclosures. The utility rates have
increased each year which increases the average bill.
Councilmember Varichak asked if this could be deferred over 10 years like the other
assessments.
Ms. Peterson replied no; this is a one-year assessment.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10,2016 PAGE 10
Pam Reynolds, 1241 Norton Avenue, asked if the list was sorted by businesses, private residence
and rental. She did look up some of the addresses and some are apartment complexes and rentals.
She asked if there was anything in code language that would tie having delinquent utility bills to
their rental license. In other words, if I have a rental license up for renew and have an outstanding
water bill would the City think about renewing it.
Councilmember Bolkcom replied it would not show up because it would have been paid with
property taxes.
Ms. Reynolds asked what happens if they do not pay their property taxes.
Ms. Peterson replied the taxes would be delinquent and interest would be assessed on the taxes.
Ms. Reynolds asked if the City eventually gets paid.
Ms. Peterson replied if the taxes go into forfeit, then we write off the balance.
Ms. Reynolds noted in the resolution the collection of taxes in "2016" should be "2017".
Ms. Peterson said Council will amend the resolution to reflect the correct date.
Ms. Reynolds did the math and it is a 31%increase over last year in delinquent bills.
Councilmember Saefke added the chart in the Council packet shows the number of accounts
stayed pretty level until 2013. There are more people not paying their bills.
Ms. Reynolds asked about the list at the end and if those properties were more likely to be paid or
overlooked.
Ms. Peterson replied the City requires accounts to be in the owner's name. If the previous owner
does not pay the final bill and the title company does not collect on the bill, the amount will be
due by the new owner. Utility bills go with the property.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2016-56. Seconded by
Councilmember Saefke.
UPON A
VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to amend the second paragraph; last sentence of the
resolution to read 2017. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10,2016 PAGE 11
Councilmember Saefke noted that only the property taxes are tax deductible,not the assessments.
Ms. Peterson replied correct; the Anoka County will notify and identify what to report for taxes,
and it does not include special assessments of any kind.
Travis Gardner, 5313 Horizon Drive, said he knows why this is going on and why we are seeing
more delinquency. The billing system is atrocious; he can go an entire year and then all of a
sudden he gets a letter or a water bill. He fills out the form but does not get the bill.
Councilmember Bolkcom replied that staff will see why he is not getting a bill. She
automatically gets an email from the City saying the water bill is due. The City is also working on
getting automatic meters so the City is not dependent upon having someone read it.
3. Receive the Landscape Design Guidelines for the Urbanized Sections of University
Avenue(53rd Avenue through Community Park Area at 71st Avenue N.E.).
Councilmember Bolkcom asked if this will come back at a future date and if we agree to this are
we committed to this. She said her understanding is that we are agreeing to go ahead with this but
have no idea what the cost and maintenance will be.
Kay Qualley, Environmental Planner, replied this is a chance to combine some things that go
through the heart of Fridley. This is a broad landscape guideline, and if there is another project it
will involve future maintenance. There are many factors that go into this and there are design
guidelines that are intended to be a broad framework to look at and come back to Council when
there is a firmed up project.
Councilmember Bolkcom said she liked the plans. It is always good when there is less
mowing. This is the first step of many steps.
MOTION by Councilmember Bolkcom to Receive the Landscape Design Guidelines for the
Urbanized Sections of University Avenue (53rd Avenue through Community Park Area at 71st
Avenue N.E.). Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
4. Receive the Twin Cities Gateway Fiscal Year 2017 Budget.
Councilmember Bolkcom said she did not understand the budget. She asked why the marketing
expenses are more than any other comparable organization.
Wally Wysopal, City Manager, replied that is a good thing, because less was spent on
administration costs than what is going out to promote the cities. The Twin Cities Gateway uses
lodging taxes for the purpose of promoting our city. Funds are given back to cities and the funds
are a portion of what was generated in the tax. We use the funds in the form of grants for activities
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10,2016 PAGE 12
like Pumpkin Night in the Park. The idea is to bring people to our community, stay in the hotels to
create tax, and then distribute it back to the City.
Councilmember Bolkcom asked what comes back to the City.
Mr. Wysopal said he will provide the information back to Council and include how the funds are
being used in Fridley.
MOTION by Councilmember Bolkcom to Receive the Twin Cities Gateway Fiscal Year 2017
Budget. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
12. Resolution Adopting Assessment for the 2015 Street Improvement Project No. 2015-01.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2016-58. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
13. Resolution Adopting Assessment for the 2016 Street Improvement Project No. 2016-01.
MOTION by Councilmember Varichak to adopt Resolution No. 2016-59. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
14. Resolution Adopting Assessment for the 2016 Nuisance Abatement.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2016-60. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
15. Receive Bids and Award Contract for 2016 Springbrook Nature Center Improvements
Project No. 510—Nature Play Area and Outdoor Amphitheater.
Jack Kirk, Parks and Recreation Director, stated that on Friday, October 7, 2016, at 10:00 a.m.
bids were opened for the Springbrook Nature Center Improvements Project #510, the Nature Play
Area and the Outdoor Amphitheater. A total of four responsive bids were received from
Blackstone Contractors of Corcoran, MN: Custom Builders of Cold Spring, MN; Maertens-Brenny
Construction of Minneapolis, MN; and Urban Companies of St. Paul, MN. The lowest responsive
base bid was from Custom Builders in the amount of$283,155.00. There were a number of deduct
12
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10,2016 PAGE 13
alternates in the bid form, to give us some flexibility for moving ahead with the project should the
bids have come in too high for our budget. The total for the deduct alternates from Custom
Builders was $39,630.00.
Mr. Kirk said this project will include work on two components of Phase 2 for the Springbrook
Nature Center Improvements Project, the Nature Play Area and the Outdoor Amphitheater. The
nature based play area will be designed to encourage children to engage with nature in
unstructured play opportunities. Children can climb on logs and boulders, play in sand and water,
and build things with branches and other natural items. The play area will consist of natural
elements and constructed features that will blend into the Nature Center's environment. The
outdoor amphitheater will be located just east of the Nature Center building and will feature tiered
hillside seating and a small round performance area. Nature education classes, musical and
theatrical performances, ceremonies and meetings could utilize this area, with permanent seating
for up to 150 people, and capacity for an additional 100 people on adjacent grassy slopes.
Mr. Kirk noted this project is being funded by the Springbrook Nature Center Foundation through
funds raised in their capital campaign. The Foundation has the funds needed to support this project
and is ready to move forward. Springbrook Nature Center Foundation Chairman Malcolm Mitchell
provided a letter to the City on September 8 indicating the SNC Foundation support for moving
ahead on the Phase 2 projects with an estimated cost at $280,000. He said he spoke with Mr.
Mitchell on the phone and informed him of the base bid coming in at $283,155 or $3,155 over the
estimated cost. Mr. Mitchell has indicated the SNC Foundation support to move ahead with all the
items covered in the base bid, with the Foundation to pay the entire amount.
Mr. Kirk said that staff recommends the City Council move to receive the bids per the attached
bid tabulation and award the contract to Custom Builders of Cold Spring, MN for the 2016
Springbrook Nature Center Improvements Project #510 — Nature Play Area and Outdoor
Amphitheater in the amount of$283,155. If approved, staff will notify the contractor of the award
and issue a notice to proceed upon receipt of acceptable submittals.
Councilmember Bolkcom said in the future a letter or email would be good to have if the amount
is over what was originally approved.
Mr. Kirk replied they were on a tight schedule and anticipated that the bids would come in around
that amount.
Councilmember Bolkcom asked how overruns would be handled.
Mr. Kirk recognized the budget is tight, but the Foundation does have funds on hand to handle
any change orders and this was discussed with Chair Mitchell. We would make sure we talked to
the Foundation about any overruns prior to going ahead with that work.
Councilmember Bolkcom thanked the Foundation for raising the funds for this new improved
center and to those who donated.
MOTION by Councilmember Bolkcom to receive the bids and award the contract for the 2016
Springbrook Nature Center Improvements Project No. 510 — Nature Play Area and Outdoor
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10,2016 PAGE 14
Amphitheater and award the contract to Custom Builders in the amount of $283,155.00.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
16. Informal Status Reports
Mayor Pro Tem Barnette said the Fridley Community Connection Newsletter is a great way to
inform the public on what is going on in the City and who to call if there are any questions.
Congrats to those who work on it.
Jim Kosluchar, Public Works Director, stated that on the night of September 21-22 Fridley
experienced an extreme rainfall event between 5 and 11 inches, resulting in flash flooding in many
locations. The City has a survey available to report damages to allow staff to assess area drainage
systems and evaluate where improvements may be needed. The survey is available on the City
website by searching for September Flooding Survey.
Councilmember Bolkcom received a phone call concerned about the Riverview Heights area and
how often we check the grates. She wanted to know how often it is examined and when we know
there is a storm coming are certain areas checked.
Mr. Kosluchar replied yes. Right now, post storm, staff is doing a lot of debris clean up. Crews
have been out twice a day to keep up with the debris in the grates. Severe storms are watched. We
were watching this storm on the radar but the predictions were not correct. The storm intensified
rapidly. Staff is looking at places we can augment and for areas of improvement as a result of this
storm.
Councilmember Bolkcom noted that there was a lot of flooding in the Springbrook Apartments
area. She asked if there were any other structural issues.
Mr. Kosluchar replied this storm created a line that is called "training." The storm stacked up
water in a line, did not move much, and kept dropping rainfall bans in the same area.
Wally Wysopal, City Manager, announced the next budget work session will be changed from
November 21 to November 28. That is when the complete budget is presented by fund,
department and division. The 2017 utility rates will be presented to Council on November 28 for
approval. Council will hold a public meeting on December 12. Council adopts the final 2017 levy,
2017 budget and revised 2016 budget on December 27.
Mr.Wysopal announced the following new staff:
Thad Norlinger, Assistant Liquor Store Manager
Matthew Schlenker, Police Officer
David Kostuch, Police Officer
Courtney Rolfe, Crime Prevention Specialist
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10, 2016 PAGE 15
Councilmember Bolkcom said on October 20 there will be meeting at 5:30 p.m. about the civic
campus and on October 25, at 6:30 p.m. there will be a presentation and an opportunity to ask
questions about the civic campus at City Hall. The regular Council meeting is on October 24.
Mr. Kosluchar said Anoka County parks will rehab the trail at Locke Lake Park and Edgewater
Garden Park, with tree removal and bank stabilization. They will rehab the asphalt through there.
This was planned, and not a reaction to the storm. The trails will be closed and signage and
detours are up. The goal is to finish the asphalt yet this year, but if it cannot be completed, there
may be a gravel trail until spring.
Mr. Kosluchar said the Met Council Interceptor will mill and overlay Hickory Circle and there
will be no cost to residents or the City. Notices were sent out last week.
Councilmember Bolkcom asked about the sealcoat that had to be cut into.
Mr. Kosluchar replied that the patch on west Moore Lake was an unplanned repair. In that area
the sealcoat was disturbed by CenterPoint. CenterPoint is waiting for the asphalt to cure and 18
months is a good timeframe to let asphalt cure. CenterPoint will contact residents with a direct
mail.
Councilmember Varichak asked when the project by the Holiday gas station will be complete.
Mr. Kosluchar said they may be waiting for the concrete to cure. They should be close to being
done.
Councilmember Varichak said she sees a lot of people not abiding by the signage and turning
onto that road. She is afraid something will happen or someone will get hurt.
Mr. Kosluchar noted that is dangerous maneuver. People behind you are not expecting you to
stop. The Police Department has been active out there, avoid a ticket and do what the sign says.
ADJOURN:
MOTION by Councilmember Varichak to adjourn. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE
DECLARED THE MOTION CARRIED AND THE MEETING ADJOURNED AT 8:46
P.M.
Respectfully submitted by,
Krista Peterson Robert L. Barnette
Recording Secretary Mayor Pro Tern
15
PLANNING COMMISSION MEETING
September 21,2016
Chairperson Kondrick called the Planning Commission Meeting to order at 7:01 p.m.
MEMBERS PRESENT: David Kondrick, Brad Sielaff, David Ostwald, and Mark Hansen
MEMBERS ABSENT: Leroy Oquist and Mark Heintz
OTHERS PRESENT: Scott Hickok, Community Development Director
Kay Qualley, Environmental Planner
Approval of Minutes: July 20, 2016
MOTION by Commissioner Sielaff to approve the minutes as presented. Seconded by
Commissioner Hansen.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING:
Consideration of a Text Amendment, by the City of Fridley, to consider an ordinance
opting out of recently passed State Legislation, MN Statutes, Section 462.3593, requiring
cities to permit temporary family health care dwelling units.
MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 7:03 P.M.
Scott Hickok, Community Development Director, stated this is a piece of new legislation that
would require cities to allow temporary family health care dwelling mobile dwelling units be
placed on a property within the City; and they would serve as temporary dwelling units.
Mr. Hickok stated the law was put into place to provide temporary transitional housing for those
with mental or physical disabilities. The legislation includes provisions for cities to opt
out. Many cities including Columbia Heights, Coon Rapids, Crystal,New Brighton, Spring Lake
Park, and others have already opted out. Staff reviewed this item with Council on September 22
at a work session and advised staff was looking at that opt-out option and would be going
through that with the Planning Commission.
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Planning Commission Meeting
September 21, 2016
Page 2 of 19
Mr. Hickok stated unless the City opts out of this new law, a temporary dwelling becomes a
mandatory permitted use provided they follow the following criteria within that State law. First
is the short-term care alternative for mentally or physically impaired persons allowing them to
stay in the temporary dwelling unit on a relative's or caregiver's property.
Mr. Hickok stated it will also provide specific regulations that allow these dwellings as
permitted temporary uses on the property. Some of those regulations are, the structure has to be
primarily pre-assembled, it cannot exceed 300 square feet in size, and there has to be access to
water and electrical utilities by connecting to the dwelling or other comparable means. There has
to be an executed contract or septic system management. The structure has to comply with
structure setback requirements. The structure is limited to one occupant who is mentally or
physically impaired with written certification from a licensed physician, and the permit is valid
for six months with a one-time six-month extension.
Mr. Hickok stated the new law may be well-intended; however, from staffs perspective there
are many concerns they have that are not adequately addressed through the new law. Allowing
two dwelling units, even for a temporary timeframe parcel that is zoned for R-1 would be an
issue. Requiring the temporary structure comply with setback requirements, placement of the
structures, fire and police access issues also would remain a concern. Safety of the occupant
structures are not required to meet building, plumbing or electrical requirements. Combine that
with that previous bullet point of having maybe little or no knowledge that it exists in the
backyard of somebody's home. If you are on the Fire Department and responding to an incident
or a First Responder to a medical incident,that can be a problem.
Mr. Hickok stated the $100 fee the State is requiring will not cover the City's cost associated
with approving the permit. The application passes through many hands, and there inspections
required. A $100 fee is inadequate to cover those costs.
Mr. Hickok stated also with HIPAA privacy related to the information required in the law, it
still requires the City obtain that from the impaired person's physician. There may be a lot of
physicians who may have difficulty giving that out to the City.
Mr. Hickok stated staff recommends that the Planning Commission hold a public hearing on this
ordinance request and recommend approval of the opt-out of the State Statute Sec. 462.3593 to
the City Council.
Commissioner Sielaff asked, are there cities who are opting to be in? What did staff find out
there?
Mr. Hickok replied, there are some cities that have chosen not to opt out; but the cities staff has
chosen to look into are those surrounding Fridley. Quite often Council and Commissions like to
know about those cities most closely associated with Fridley or surrounding it. Staff has looked
at those carefully and, as they can tell, a number of those have opted out. Generally speaking
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Planning Commission Meeting
September 21, 2016
Page 3 of 19
from his planning peers, his community development peers, throughout the metropolitan area,
this is an overstep on the part of the State Legislature. They have stepped into what was an
empowerment of local government, and that is zoning; and it was a decision singularly focused
on something that was not well thought out. As they talk to his peers, there are so many things,
so many concerns. Think about that ailing friend or family member in this case who might be on
a waiting list for a facility somewhere and then lo and behold they decide to put this in the
yard. It seems like a great idea, but what happens after six months. You could get an extension
for six months, but now they are not on the waiting list anymore in another location and you
have used up your time. What do you do with the relative that was on a waiting list for some
other type of care facility, and now they have only had a year on your property and that is all the
law will provide for them.
Mr. Hickok stated they would like to think the City of Fridley is open-minded about providing
options for care for individuals, but they really want them to be well-thought out. And where the
State has empowered the City to make decisions regarding zoning, the City would really like to
be able to have them step back, stay out of those decisions, and let the City do that. Some people
talked about the zoning map as a contract almost. If someone moved into a single-family
neighborhood and the City's map assured him this was single family, he would want to be
protected there in that regard. A single-family house, essentially in the backyard of the
neighbor's house, changes the whole character of the lot, the feel of his privacy, etc. Again,
although well-intended this really does have impacts that were not well thought out in the law.
Commissioner Sielaff stated there was nothing in this evaluation requiring public meetings or
anything like that?
Mr. Hickok replied, time was of the essence because, like any other amendment that passes by
ordinance, they have had to go through the public hearing process; and the public was invited to
come. The City should have opted out by September, they had a clearance to opt out by
September; however, staff was working with the City Attorney and evaluating. Honestly, there
is a bit of a downside when you think about it from a political perspective. If anyone has had an
elderly adult or somebody they have had to look for care for, facilities can be very expensive;
and it can be very difficult to find a facility they are comfortable with. This seems like a very
nice option. Politically it could be a difficult decision to make to say, the City is not going to
allow this as one of those options. Staff took the time it was necessary to evaluate it and,
although they knew they were going to miss that early September deadline, if somebody came in
with an application tomorrow, staff will accept it and will look at it as a training opportunity to
see what happens when they bring in the temporary facility. Meanwhile they will continue
through the process towards Council's adoption of this ordinance and that will happen some time
late October if they move forward on this track. It will be published and will be law by
November.
Mr. Hickok stated staff thinks it is an important thing for the City to evaluate options for
continuing health care for folks in need but in this way it is a swing and a miss.
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Planning Commission Meeting
September 21, 2016
Page 4 of 19
Commissioner Ostwald asked whether there has been any interest at all? Has anybody
contacted the City looking to try and do this?
Mr. Hickok replied, no, not for health care. The City has had a number of calls from people
interested in the tiny house trend.
Chairperson Kondrick asked how do people work out the sewer and water problems?
Mr. Hickok replied, that is one of the things they are concerned about. He loves camping and
lives in his camper on weekends throughout the entire summer. He knows there is a good set up
for that and is not concerned about his sewer setup. However, if he was living in his camper in
his backyard for six months straight and not taking it out to a facility for obvious things, he
would be very concerned about it. As this law states, you literally set up a contract with a
pumping facility organization to come in. The capacity in a 300-square foot unit is not very
much and you would have the pumping every other day, frequently at least. It is a problem.
MOTION by Commissioner Ostwald to close the public hearing. Seconded by Commissioner
Hansen.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CLOSED AT 7:14 P.M.
Commissioner Hansen stated the City of Fridley is right on and the State did not really think of
all the ramifications while they were putting this together, along with all the challenges that
present to the cities. What happens after a year? How does the City really deal with it. He
works at a city himself, and he knows that would be a challenge. How would you enforce
that. How would you go about removing one of these things after the one-year timeframe
expires.
Chairperson Kondrick stated he agrees.
Commissioner Ostwald stated it could be a full-time job for somebody to keep things on track.
MOTION by Commissioner Sielaff approving a Text Amendment, by the City of Fridley, to
consider an ordinance opting out of recently passed State Legislation, MN Statutes, Section
462.3593, requiring cities to permit temporary family health care dwelling units and receiving
the related document. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MOTION
CARRIED.
2. PUBLIC HEARING:
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Planning Commission Meeting
September 21, 2016
Page 6 of 19
manufactured into compost by Minnesota workers. It is not part of a landfill process at that
point. The staff proposal, and this is backed by the League of Minnesota Cities, as well as two
different opinions of city attorney Darcy Erickson, that a single-organics license issuance for
residential purposes would suffice to handle it just exactly like recycling where the City would
have an RFP go out in the future as a pilot project and have only one hauler do it to avoid the
myriad styles and locations for disposal that are currently muddying the waters in the industry. It
would provide a more clean-cut way of dealing with it, dealing with reporting, and having it be
exactly like a recycling process except it would be opt in. It is not a state-mandated process.
Ms. Qualley stated regarding Chapter 113 and Code Enforcement - As stated there are issues in
code enforcement the City faces every day. She is one of the people who goes out in code
enforcement, and there are outside storage of plastic bags of leaves and, instead of composting
and having them hauled away, and paying someone for yard waste removal, they are just littered
around the property. The City does not have that clarified and so staff is just adding a line to
clarify that and prohibiting that type of outside storage of bags.
Ms. Qualley stated use of plastic dumpsters inside of apartments have begun to proliferate inside
garbage rooms and garages and in interior garbage collection areas of multi-unit
apartments. The City just wants metal refuse containers inside buildings because a plastic
dumpster burns too fast and hot and the Fire Department approved the language in the
amendment of Chapter 113 to reflect that.
Ms. Qualley stated also the City does not allow construction dumpsters in the street but it is not
really spelled out and staff is fixing that as well. Also, staff would like to require that dumpster
enclosures be accessible to haulers and residents at multi-units. What they mean by that is that a
typical dumpster enclosure might be okay for a hauler to open up one for disposal but often the
gates are too heavy for residents or children who get tasked with bringing down the garbage, to
use. Things just get dumped on the outside of enclosures. The idea is to contribute input to
redesign of these structures over the next few years, working with the owners and haulers to
come up with the best kind of dumpster enclosures to increase the likelihood that solid waste
goes into a solid waste dumpster, recycling goes into a recycling receptacle, and the same is true
with organics or yard waste. Right now it is kind of a flawed process. Adding the words "and
residents" is meaningful.
Ms. Qualley stated reporting of yard waste tonnage is not counted as part of the City's tonnage
to Anoka County, but the County is now tracking it, which is new, so reporting will be required
by collectors starting in 2017. Also, adding in commercial recycling requirements is new to
reflect the State of Minnesota's requirements that businesses which had at least a four-cubic foot
volume solid waste dumpster for garbage must recycle at least three items. In other words,
plastic, metal, and paper or plastics, metal, and cardboard. Since most of this is recycled by
businesses already, businesses can, without too much extra effort can attain those three recycling
streams. Staff is recommending that businesses, where possible, even if they have to rebuild their
enclosure (although the City is not stipulating that in the text amendment) work as hard as they
can to put paired dumpsters side by side, with the recycling one on one side, a garbage one on
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Planning Commission Meeting
September 21, 2016
Page 7 of 19
the other. At the very least, and staff is not spending time contacting commercial entities, they
want to make sure the City Code matches State Statute so staff is adding a note that commercial
recycling is now required for at least three items if you have a four-cubic foot dumpster.
Ms. Qualley stated requiring reporting to match Anoka County, the twice annual reports from
licensees are currently received in a variety of formats. That is really putting it quite kindly. It is
a digging process, even though they go through it twice a year, staff begs for the information in
tonnage for what has been collected in terms of recyclables. Now it will be yard waste and
organics as well, at some point. In order to obtain consistency with the County request for
reporting, staff wants to make that part of the license so that everybody knows, okay, here is how
you have to report it. So it is not just an e-mail from the Environmental Planner pleading for
things to be in a certain format. This actually is written into the license, it is a level playing
field. Everybody can provide their information in this format, and it will be consistent with both
the County and the State.
Ms. Qualley stated the City's yard waste collectors and organics collectors will also be required
to submit tonnages.
Ms. Qualley stated, additional housekeeping for Chapter 113 includes updating definitions, such
as creating a definition for source-separated compostable because that was not in there
before. Getting Code language to match State Statutes by updating words like dwelling units and
yard waste is part of the text amendments. Additional Chapter 113 housekeeping would disallow
burning of solid waste, recyclables, organics, and yard waste. You would not think people
would be burning things like aluminum cans but based on code enforcement it is happening. It is
bad for air quality, in general, and for neighborliness. Also, prohibiting plastic dumpsters from
being located inside buildings, as stated earlier.
Ms. Qualley stated that staff recommended increasing insurance amounts from $500,000 to $1
million coverage for license holders just in terms of liability coverage. Staff also recommended
the Planning Commission approve these proposed text changes in TA-16.03 to send to the City
Council for the public hearing in whatever format they normally do.
Chairperson Kondrick stated this makes sense to him. The changes are common sense. He
thinks everybody can understand them.
Commissioner Hansen asked whether Ms. Qualley she had any idea how many haulers might
be interested in doing organics collection?
Ms. Qualley replied, of the six licensed haulers the City currently has, she knows that LePage &
Sons, a local company throughout the County is looking at it and believes they might have
recently received some certifications for organics collection. Walters which is another local
company has done a pilot project in Coon Rapids. Waste Management, at a recent Anoka
County Solid Waste Abatement board meeting stated that they were starting to look at
organics. The problem is, and the reason for the single licensure, some are having residents
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Planning Commission Meeting
September 21, 2016
Page 8 of 19
insert a compostable plastic bag and throw it in the solid waste, taking it to a transfer station, and
then pulling the bag out for moving to a compost site. Others are collecting it in a separate
container much like the cities of Minneapolis and St. Louis Park do. And so others have
different techniques. Any one of those could possibly work but there may be three or four out of
the City's hauler group who could move towards producing a response towards an RFP should
the City issue it.
Chairperson Kondrick stated it might come back to having a plastic container that people could
put this kind of refuse in to be collected by somebody.
Ms. Qualley replied, correct. That is one method. Typically those containers are either 20 or 30
gallon which compared to a typical refuse container looks pretty tiny, and she can personally lift
one of those up with one arm with herself not being very muscular. They do not take up a huge
amount of space and, in fact, if somebody decides to downsize their solid waste container
because they find they are diverting 30 to 40 percent of their total solid waste by the collection of
organics, they might find that two smaller containers can fit snugly in the garage where one used
to be.
Chairperson Kondrick stated these can be stored within an enclosure or garage or outside. Can
they be in sight of the street with normal regulations? Can you see them?
Ms. Qualley replied, typically in terms of recycling and solid waste containers in the City, they
can be within the public view but they cannot be forward of the forward most part of the front of
the house or the garage, whichever sticks out the furthest.
Chairperson Kondrick stated he is interested in what about the smells that would be coming
from that if it was inside the garage.
Ms. Qualley replied, those same banana peels are part of their current solid waste mix and are
mixed with other things such as plastic film and non-recyclable items called solid waste or mixed
municipal solid waste. They are busy producing odor anyways in one's garage if that is where
you keep your container. When they are concentrated, there is a slight intensifying of that odor
because they are not mixed with other stuff. However, she asked the question at today's meeting
if the industry had advanced to the point where our carbon filter lids have been
incorporated. She was assured they are in fact available in the industry. Since she is a test pilot
herself in the City of Minneapolis where she is kind of looking at the pitfalls and what is good
about it, that is a recommendation she would make in the RFP and since they would be starting
slowly with people who want to opt in anyway, why not head off any problems ahead of time
and make it a very smooth process.
Commission Hansen asked how frequent would the pick-up be? Would it be like recycling,
every other week?
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Planning Commission Meeting
September 21, 2016
Page 9 of 19
Ms. Qualley replied, frequency of pick up would have to be once a week because organics can
get a little soggy. For recyclables, if somebody does not drain that pop bottle, it is quite a
different matter. With organics, the bags used for collection are compostable. If they sit for two
weeks they start to break down, which they are intended to do so you can just put them in a
compost heap and a week or so later with a few other ingredients—become part of the compost
itself. Therefore, it would not work for them to go for two weeks. Also odor would be a
problem.
Ms. Qualley stated in terms of odor mitigation she has heard that either a small layer of grass
clippings or small layer of leaves can help with the odor if you are experiencing it in mid-
summer. That was information from the company which is currently running the Anoka County
compost site.
Commissioner Ostwald stated as to the weekly pickup, he asked Ms. Qualley if she had any
idea what the fees would be for this opt-in service for organics?
Ms. Qualley replied, she does not. The reason is in an opt-in pilot program some of the
variables would be the frequency of pick-up and container size and number of participants. Pick-
up day is already established as weekly on the same day that garbage (aka mixed municipal solid
waste) and recyclables would be collected so it would still be a zoned by day and "Blue Zone or
Gray Zone" type of pick-up. How many people would opt in is a question. Some of the cities
that are contracting for organics collection sites where people take their compost bag, put it in
the car, and take it to a central location to put into a designated organics dumpster, use of one
such facility grew from maybe 68 to 123 people in a year. However, Minneapolis, which has
weekly pickup of organics in small carts, has grown to 42 percent of the areas that they have
rolled it out into (which is not every single neighborhood), very quickly. Partially because
people start reducing their solid waste containers and they think, this is good, they do not have
the fuel surcharges and some other things associated with solid waste because landfills are a
limited commodity and State goals to reduce solid waste are increasing.
Chairperson Kondrick stated although they have to pay extra for it, they are going for it.
Ms. Qualley stated,to get back to Commissioner Ostwald's question exactly, this is going to be a
function of the City's best guesstimate and it may be a sliding scale of slightly more expensive at
first but then the ability to reduce maybe some garbage costs as a mitigating factor and then if
they can build up the number of people through promotion of it, she is guessing like anything
else, the fees would go down. They would make sure that any contract was a limited term or
even possibly end at the same time as the recycling contract in 2019 for the convenience of the
City.
Commissioner Sielaff stated does that mean they are going to have more trucks riding around
Fridley?
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Planning Commission Meeting
September 21, 2016
Page 10 of 19
Ms. Qualley replied, if the City does nothing, it will have six more trucks. However, if the City
does something it will have one more truck in the City in each neighborhood by having one
license. That service is coming and it will be multiplied times six and then six different trucks
will be picking up organics.
Commissioner Sielaff asked why are they reducing six down to one?
Ms. Qualley replied when the City went to a single license for recycling, the City took five other
recycling trucks that conceivably could have been on the road, down to one truck. That is the
same kind of idea. These are manufacturing processes so the owner of the banana peel is taking
it and putting it to good use in a way by turning it into compost when the City uses a single
hauler, like recycling, who won the RFP. That way only one truck is going around. It is very
efficient and easy for her to keep track of one company and one truck and one driver. She knows
where there are problems. In the case of recycling with a single hauler, she knows how many
times they have missed in four years which is four and the rest of the time people forgot which
day was their recycling day. In this way it would be every week so it would be very easy from a
staffs standpoint to administer with a single hauler who had won an RFP, and it would keep five
other trucks off the road as well.
Commissioner Sielaff stated there is organic recycling now, right? Exceptou have to bringit
Y
to a recycling (organics) site.
Ms. Qualley replied, yes, that is true but there also is a test case with Walters in Coon Rapids
with picking it up; and a couple of others who are dabbing their toes into it. This particular
revision of Code and licensure is very timely so the City does not sort of end up with a mess and
lots more trucks.
Commissioner Hansen stated he understands what Ms. Qualley is saying about the one truck
because it is like the recycling. Everybody will have the same hauler. Is there any kind of
scenario for vegetation that he puts in his yard waste bin that could be combined with this
organic collection or does it have to be a processed separately?
Ms. Qualley replied she has talked to some haulers who absolutely are opposed to that because
yard waste is collected April through November and the profitability and the profile of this sort
of drying or somewhat decomposing product is collected on that timetable; whereas, organics I
would have to be collected weekly year around. They felt that either maybe it could be looked at
in the future, however, with the current technology that they would want it collected year around
for organics every week and that would be a slightly different metric.
Commissioner Sielaff stated organics in the wintertime would be broken down a little bit before
they are picked up, but they would need to be composted further after pickup?
Ms. Qualley replied as part of the manufacturing process involved with organics, they call it the
green, brown, and air mix. You need something besides what is inside that bag. You might need
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Planning Commission Meeting
September 21, 2016
Page 11 of 19
some dried brown leaves that are only collected three-quarters of the year and stockpiled. You
need air which is in the form of a machine turning it in a compost windrow and then rolling it to
the next windrow where it becomes more and more composted until it can bagged as compost
material. You only have one-third of the equation inside that bag. That is why it needs to go to a
composting facility, a type of manufacturing facility. It provides Minnesota jobs and an end
product that Minnesota residents can use in their garden.
Commissioner Sielaff stated, in other words, organic compost that is picked up needs further
composting and it would need to be composted with leaves?
Ms. Qualley replied, yes, you want to work in some dry roughage if you will because the stuff in
the bag turns into kind of a slop fairly quickly, especially in the warmer weather. And then you
work in the chunky stuff you have been collecting over a nine-month period as well as air is
extremely important in a home compost heap or in the homeowner tumbler kind or as handled in
a commercial composting facility. That is what you are providing as the third ingredient. There
is some manufacturing facility aspect to the outcome of making those two things work together.
Commissioner Sielaff asked, and you can compost all year with certain organics?
Ms. Qualley replied you can. It gets pretty hot, but somewhat weather dependent to generate a
final product. If you ever been on a job site where wood chips or the great big pile of organic
matter and you dive down into it in the summertime for instance there is still some snow and ice
underneath. It is fairly insulated but the ability to move it around is not going to be present in
January - the heart of the winter. They would drop the stuff off and probably just cover it with
something that has been in some sort of a covered building, like straw. We would expect
commercial compost site operators to have that figured out.
Commissioner Sielaff stated the issue was brought up where you can combine the yard waste
with organic waste. It sounds like you can still use yard waste in a composting process for
organics. Is there some way of doing this where you can do the combination for a while but also
hold some yard waste over here to be utilized in composting during the part of the year when you
do not have the yard waste?
Ms. Qualley replied a home compost heap is probably the most efficient way of doing what
Commissioner Sielaff is talking about and the County highly encourages that because there is
less of a carbon footprint associated. They are not using trucks and men and materials and doing
things to the compostables with other equipment so it is less complicated, but not everyone can
do it and commercial organics can collect items that home composters cannot by Code put in
home compost. Turning large volumes of yard waste and kitchen scraps into perfect compost
within one little cart or home compost bin is really not achievable efficiently. And collection of
organics keeps more items like paper plates and tissue out of the waste stream. What she
understands from industry professionals is that keeping yard waste and organics collection
processes separate is what they prefer at this time. That could perhaps change.
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Planning Commission Meeting
September 21, 2016
Page 12 of 19
MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner
Hansen.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS CLOSED AT 7:47 P.M.
MOTION by Commissioner Hansen approving Text Amendment, by the City of Fridley, for
Fridley City Code Chapter 113 (Solid Waste/Recycling) which proposes to update definitions,
create licensing categories for new and current services (yard waste or organics collection),
require metal refuse dumpsters in interior multi-family housing, and require additional residential
recycling reporting requirements for haulers. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
3. Receive the Minutes of the July 12, 2016, Environmental Quality and Energy
Commission Meeting.
MOTION by Commissioner Hansen to receive the minutes. Seconded by Commissioner
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
4. Receive the Minutes of the August 25, 2016, Environmental Quality and Energy
Commission Meeting.
MOTION by Commissioner Hansen to receive the minutes. Seconded by Commissioner
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
5. Receive the Minutes of the August 1, 2016, Parks & Recreation Commission
Meeting.
MOTION by Commissioner Sielaff to receive the minutes. Seconded by Commissioner
Hansen.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
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Planning Commission Meeting
September 21, 2016
Page 13 of 19
OTHER BUSINESS:
6. Green Steps Cities 9.1 BMP EQE Recommendation.
Ms. Qualley stated this is hers as well because it interfaces with the Environmental Quality and
Energy Commission recommendations as she is staff for that group; as well as recent grant
opportunities that have been realized that have Phase II implications coming up shortly because
the City did well in Phase I.
Ms. Qualley stated the purpose of this item on their agenda is to start planning for Phase II of a
current Minnesota Department of Transportation Landscape Grant for right-of-way plantings
along University Avenue, north of 694, and south of Mississippi. If this planning goes forward
typically $15,000 of plants like trees, shrubs, and hardy perennials, wild flowers and pollinators
are installed with volunteer labor; and the City takes care of it afterwards.
Ms. Qualley stated the Grant is typically multi-year in a corridor. In the first part of this year, the
City was granted a competitive grant with MnDOT, and by working with their landscape
architect, Tony Wotzka,to produce a landscape design,volunteers planted 54 trees,many shrubs,
and hundreds of perennials in the area of the Mississippi River bike trail just north of the
regional park and 694 at East River Road. This planting is apparent from a vehicular traffic
standpoint, it provides fall color shrubs, native pants, as well as being accessible to Fridley's
largest multi-unit apartment complex at Georgetown and the many users of the Mississippi River
Trail. Very surprising, when working with the Youth Conservation Corp. to install these plants,
was the number of bicyclists and walkers who use this trail which is quite tucked away but it is
by no means obscure, it turns out!
Ms. Qualley stated so that went really well and the only remaining plants to install are eight
small Whip Trees and a few little Asters and some wildflower seeding which will take place in
the next two weeks. It went well and typically because East River Road is an Anoka County
Road, the corridor plantings would not continue there but move over to a MnDOT roadway and,
based on discussions throughout the City with Council and so on, typically they would be
looking at University Avenue because of the development with the Triland project at 57th, Cielo
around 61st, and the fact this is a future bus route, the transit corridor, the potential development
in other areas like the Columbia Arena site would seem to indicate that this type planting
enhancement, instead of just mowing salt-damaged grass which is what the City now maintains,
might be called for.
Ms. Qualley stated it is a really nice thing when a couple of things like a grant and something
the City is already doing as a Green Step City working on best management practices could
possibly coalesce in this area. For Green Step cities,there are 29 best management practice areas
which is just jargon for saying, hey, we are going to help you, give you some advice, to do things
that are going to make your city a better place but not put any pressure on you to go any one
direction. You tell us what direction you want to go, and we will give you a little help. So when
Fridley became a Green Step city, it became eligible to do things like get a Green Corp volunteer
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Planning Commission Meeting
September 21, 2016
Page 14 of 19
member working with the City and so over the last 11 months the City has somebody working on
urban forestry practices.
Ms. Qualley stated one practice that could dovetail nicely with the MnDOT grant is Practice No.
9. It focuses on the economic development through revitalization using broad design
guidelines. Staff is just focusing on the first part, establishing standards for landscaping in
rights-of-way areas which is what the EQEC discussed. This also may yield research assistance
along University Avenue working with the City planning staff, GreenStep Cities and Mr. Hickok
for things that have implications with the next Comprehensive Plan perhaps, as that process has
now started.
Ms. Qualley stated in regard to Green Step Cities 9.1, Efficient Highway and Auto Oriented
Development, the City has already developed transit-oriented development standards in an
overlay district that extends from the Cielo Apartments on the east side of University between
57th and Mississippi. Just one small step further would be to establish these design goals in the
landscaping sense. Also other areas that are a little bit more tired, some surface lots and some
strip mall and strip centers and that kind of thing could even benefit. However,back to the point,
the Environmental Quality and Energy Commission approved broad design recommendations for
along University Avenue. Removal of the MnDOT bent up and broken chain link fencing was
No. 1 on the group's list with some vehemence. The Environmental Quality and Energy
Commission my where necessary the group would like to have Design No. 1 emphasized and
chain link fence or any fencing preferably replaced instead with shrub groupings and/or
decorative fencing and other visual design elements only if that becomes necessary with
preferences for no fencing.
Ms. Qualley stated these guidelines were developed by the EQEC and designed too be broad and
not to hamstring the City, a developer, MnDOT, or anyone else involved in the project but to be
sensible and still have the goal of creating a better feel for the heart of the City. Any plantings
should achieve an overall softening of the transportation corridors. That means maybe making it
seem less like a thoroughfare race track in a sense. While keeping safety important in any
landscaping projects should equally consider the safety of pedestrians, wheeled conveyances like
wheelchairs, skateboards, whatever is crossing; and volunteers and maintenance staff of course
need to be safe as well. That is a thorny and tricky one but it is important and needs to be in the
design criteria. The suggestion was to create an 11-foot wide or narrower through lane for autos
in order to accommodate slightly wider, middle pedestrian refuges. It will not give the City a lot
of extra room, but it might give it just a little bit shorter crossing distance for pedestrians. In
places like 61st where kids are trying to get to middle school, after school programs, that type of
thing, that could be a big deal to have just a little bit shorter run there.
Ms. Qualley stated also of course because the highways are salted and the City needs to make it
easy, using low maintenance plants and in broad swaths, in other words, not detailed, fussy kinds
of planting but something that can be viewed from an apartment window, from a vehicle, and
from someone walking by that maybe has some color resonance and repetition but is not really
difficult to take care of-that was design item No. 5.
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Planning Commission Meeting
September 21, 2016
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Ms. Qualley stated No. 6, perennials and pollinator flowers in the center along edges should be
cut down in fall maintenance so as to not impact MnDOT or Anoka County snowplowing
crews. That was important and of course practical as well. That is one of the beauties of
perennial plants, they come up every year but you can cut foliage down in the fall so they do not
become a nuisance to snowplow crews.
Ms. Qualley stated using trees where possible but keeping them out of the plowing and clear
zone was an important goal to the EQEC. However, similar to other plantings along Highway 96
and perhaps 35E and other places in the Twin Cities, let's not say that you cannot put trees in
along our roadways in some limited capacity when you see trees going in another part of the
Twin Cities transportation corridors, so, let's use trees where we can. It is going to help soften
the corridor. It might visually slow down the traffic just a little bit but, at any rate, it is going to
make the City of Fridley look like a nicer place to live; and that is much to be encouraged. No
planting of trees where trees should not be and certainly no place where they would become
more of a danger than the existing chain link fencing.
Ms. Qualley stated for plantings you should buy woody shrubs with perennials and grasses and
be located in the center areas as well as roadways edges, perimeters, and underutilized weedy
areas of the right-of-way. That last wording of that part just means, okay, you already have
weeds growing up to three feet tall, do not tell us that you cannot put three-foot tall perennials in
because the weeds you are not cutting are already three-feet tall so what is the big deal basically.
Chairperson Kondrick asked whether staff is getting any input or suggestions or feedback from
the County regarding the roads and any future plans the County may feel that University Avenue
or East River Road might require. They are talking about doing these things but is the County
saying, no, our plans do not include that kind of stuff...we will have to tear up what you are
doing so, no.
Ms. Qualley replied, even though East River Road is a county road, because this project took
place with both MnDOT transportation funds and a MnDOT landscape architect on their right-
of-way property, Anoka County did not really have a position in it because the City stayed out of
the plow zone. But to continue to march up their road, yes, they would have plenty to say about
it. Transferring over to University Avenue which is a MnDOT and not a county road, makes lots
of sense because it is a MnDOT grant. Keeping in mind the concerns of the Metro Desk,
maintenance, again back to the snowplowing thing, she had a conversation with them about this;
and they expressed concern of course because they want to make sure their snowplows are not
being impeded. At one point she teasingly said, well, if we put some shrubs, 10, 12, 15 feet
uphill from the street and if snow plows are there,that is a different issue if they are plowing way
up there, whether that was a shrub they hit or a chain link fence. In all seriousness, if the
plantings are done appropriately so it is low trim turf right next to the highway, nothing too tall
where things need to have sightlines to cross, etc., their own landscape architect would be doing
the design work. He is in communication with the Metro Desk which would of course have to
approve this plan if it passes tonight's meeting and the Council as well.
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Planning Commission Meeting
September 21, 2016
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Commissioner Sielaff stated he understands all these design goals except for No. 4. He asked if
she could explain what that means.
Ms. Qualley stated an 11-foot or narrower thru-lane for autos. Typically many cities, not just in
the Twin Cities, but around the country are narrowing just slightly the drive lane, the distance
between the line you are supposed to stay in and the next person's line. You might only grab a
foot or two here or there, but it might be just wide enough to widen out a pedestrian, concrete
area where they can stand in the middle because they can only make it halfway through a
stoplight on the green Walk; or it might just shorten up the amount of crosswalk by just a couple
of feet. The part you drive in would be narrowed just slightly.
Commissioner Hansen stated one of the goals they were trying to accomplish with the design
goals that Kay has laid out is just really an overall softening of the corridor and kind of peel back
from all the hardscape as the stretch of University they are talking about transitions more into a
residential nature from what it was in the past. That is something people who are looking to
come in and live in the City of Fridley are going to find important, to have it more softer, a little
bit more landscaping, some visual elements to it. Along with that is the speed of traffic that is
along University. Narrowing the lanes to something that the State may be willing to live with is
going to help reduce speeds as putting vegetation and other things in the corridor, all that has an
effect on people just generally wanting to slow down or slowing down.
Commissioner Sielaff asked what does this mean, accommodating slightly wider middle
pedestrian refuges?
Commissioner Hansen replied, by narrowing the thru-lane, you are going to have more space
for a pedestrian on either side of the street.
Chairperson Kondrick asked, what is the State's view on street reduction? The speed limit on
University Avenue is 45 to 50. People are not going 45, they are going faster and they are not
going 55, they are going 60. If you were to slow that down, does the County or State have any
ideas as to what people are going to tolerate on the way to Blaine?
Commissioner Hansen replied, they are not talking about changing the speed limit. The way
that works is the State will do the speed study and what they will do is take the 85th percentile
and now set that as the speed limit. In some cases when they do a speed study to reduce the
speed, it would go up. What they are trying to do is create a mental perception of drivers. When
you are in a residential neighborhood, you are going to drive different than when you are on a
highway. They are trying to bring the reality this is more of a residential corridor vs. the
commercial corridor.
Ms. Qualley replied, that is exactly right. The other thing is that MnDOT is not the only state
agency that is interested in University Avenue. In fact prior to her joining Mr. Hickok's staff,the
Transit-Oriented Development, the Northstar Station, and many important advances for Fridley
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Planning Commission Meeting
September 21, 2016
Page 17 of 19
as an interim suburb had been achieved. The East River Road Corridor Study and so on. The
guiding documents we use, agencies like the Met Council that are encouraging higher density
Metro Transit, the viewing maybe it is not up first on their radar for a bus rapid transit but
believe her they have mapped out some potential stops on University Avenue. All of these
things come into play nicely with this early preliminary and broad design guideline criteria. In
discussions with the rollback between 55 mph back down to 50 speed limit that took place about
a year and a half ago, with the Central Desk of MnDOT, they even brought up that in the future
when the next redo takes place on University, a variety of things could be looked at, perhaps like
an 11-foot wide drive lane and some slight tweaking of road and intersection design to achieve a
more pedestrian and bicycling friendly roadway might be considered. For crossing through a
linear city like Fridley that is getting denser especially in our designated transit-oriented
development areas which is desirable per the Met Council, these discussions are intended to
make safety for all users part of the discussion and also to help commuters realize they are
traveling through a city. Discussions with Fridley and Mn-DOT and other state agencies show
that none of us are working in a vacuum like maybe in the past; we realize that we are all part
providing solutions to achieve overall goals in the Twin Cities, including Fridley, which is an
inner ring suburb.
Commissioner Sielaff asked, with these goals, he understands what she is saying about between
694 and Mississippi. What happens north and south of that section, that is going to affect within
this area, too?
Ms. Qualley replied, absolutely. At present time the City mows the turf in sort of its indifferent
condition and salt damage as she mentioned earlier. When they are able the City mows it so it is
very tidy and they would want to borrow landscape or help Cielo borrow landscape by keeping
low mowed turf next to their low mowed turfs to make that property seem wider there and use
sensible design and maintenance techniques. However, typically a MnDOT grant, if they are
able to be granted a second segment which sounds promising for starting design work in that
corridor if they are allowed to by MnDOT central, that it would be compatible with just simple
mowed turf by maybe having an ending point that looks finished and, if the City is granted
another extension which typically they work up a corridor or down whichever you like, so one
segment between 57th and 61st could yield a second, could yield a segment near Mississippi,
could yield a segment up as far as up by Community Park across from any development with
Columbia Arena, or south down to 53rd. They would hope to build on the concepts of these
broad landscape principles if the City was allowed grant funding.
Chairperson Kondrick asked how much is at stake here?
Ms. Qualley replied, $15,000 per segment she was able to spend at wholesale, that represents
about $30,000 or a little under. That was a significant amount of plant material. It was planted
by volunteer groups and some of the City's businesses, like Cummins who provided volunteers
as well as the Minnesota Pollution Control Agency contributed the Youth Conservation Corp for
a whole week.
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Planning Commission Meeting
September 21, 2016
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Ms. Qualley stated it is important that Jim Kosluchar, Public Works Director, stated the City
knows how to mow turf, it has equipment for mowing turf, some shift in equipment and the
kinds of technical maintenance, knowing what a wildflower looks like compared to I know how
to mow, blow, and go. They do not want this to be too budget impactful, but it may mean the
City delays doing some things so it can take advantage of grant money for this next phase, if
approved. Nothing comes without some cost but using volunteer labor to install the materials and
then where possible,the City staff will work towards the development of more volunteers to care
for plantings. One of the Environmental commissioners, Kyle Mulrooney is working to develop
local people towards becoming tree stewards and to find other maintenance personnel, as trained
volunteers,to help do weeding and tree winterizing, where it can be done safely.
Commissioner Sielaff stated it is the City's responsibility to do maintenance, but the intent is to
use volunteer to do some or all of it?
Ms. Qualley replied, installation would be done and would need to be done based on the grant
by volunteers. Watering trees and plants from a big watering truck that you have to have a
certain license to drive, is an activity which would have to be done by City staff. But could we
work on getting weed pullers or folks that refresh the bark? That would be something she would
be working hard to achieve, to reduce Public Works involvement.
Commissioner Hansen stated that is one of the things they talked about was working that end of
the volunteer aspect into the Adopt-a-Highway Program potentially. People who are out picking
up the garbage may be also assisting with part of the process. These are minimal maintenance
items.
Ms. Qualley stated the unfortunate thing is perennials, shrubs, and trees have a sliding scale that
is more labor intensive on the early end. Turf also as it has about that same three years of
establishment but, once you get things established and put bark down, the weeds are
reduced. Pollinators and wildflower perennials are ultimately very long lived.
Commissioner Sielaff asked is this something that has been done in other places, is there
experience that other cities have in doing this?
Ms. Qualley replied an area along the 35E corridor has been the recipient of some other MnDOT
landscape grants. Also in parts of Wisconsin they are doing kind of thing. Different areas along
the freeway, if you will notice, there is a low-spreading thicket like shrub which happens to be
Grow Low Sumac and sometimes Lilac bushes. What they are looking for are thicket producing
plants that are relatively easy to grow, drought and salt tolerant but that are going to slow down a
car and be less impactful than a heavy structure or another vehicle.
MOTION by Commissioner Hansen approving Green Steps Cities 9.1 BMP EQE
Recommendation. Seconded by Commissioner Ostwald.
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Planning Commission Meeting
September 21, 2016
Page 19 of 19
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Mr. Hickok stated as to where they are with the City Hall project, the whole redevelopment
complex where the Columbia Arena was, he asked how would they like the name Locke Park
Pointe rather than the former Columbia Arena site redevelopment? That is the new brand they
will call this area that will include the City Hall Complex and would also the private residential
development south of the water feature that would be created here. They have done a number of
different things, they are working with the architects, BKV, and Oertel Architects on the Public
works piece of it, and Wenck is the City's environmental folks who have really replied to the
plan to the point where the public will be seeing it at a public open house on October 25 at 6:30
at City Hall. There will be illustrations of what the civic portion of the complex will look like
and there will likely be an architectural model there. This last week on Friday staff went out
with the RFQ and put out an announcement in Finance and Commerce magazine, and the City
has had a great response by private developers looking to do the private residential development
along the south side of the water feature. That group of developers who are interested will have
a mandatory meeting on October 5 at 1:30 p.m. in the council chambers where they will hear
about any and all the details in the City's presentation and ask any questions they have. From
that point then they will have a short period to go back, put together their request for
qualifications and get those back into the City. The City would like to choose a partner in this
and the City's vision and hopes would be it will choose a development group that will take each
piece of it. There are many facets, the vision, thanks to commissioners and citizens, folks who
have provided feedback along the way.
Chairperson Kondrick stated he has a very wide circle of friends and interested persons and he
has not talked to anybody yet who has been against this idea. He hopes it continues and sees it
as being very promising for the City of Fridley and making it so they have a central part of town
that it fun and interesting.
ADJOURN:
MOTION by Commissioner Sielaff to adjourn. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING
ADJOURNED AT 8:23 P.M.
Respectfully submitted,
, ' •
Denise M. Johnson
Recording Secretary
34
AGENDA ITEM
Fridley CITY COUNCIL MEETING OF
OCTOBER 24, 2016
To: Wally Wysopal, City Manager''
From: Shelly Peterson, Finance Director
Date: October 19, 2016
Re: Resolution calling for redemption of 2007A and 2008A General Obligation (G.O.)
Improvement Bonds
Attached is the resolution calling for the early redemption of 2007A and 2008A G.O.
Improvements bonds. This resolution is required when the City has elected to call bond
maturities early. It must be reported to the national municipal bond repository no later than
December 12, 2016.
As you may recall, in anticipation of a proposed $50 million Civic Campus and its 2017 CIP
bonding, the 2016 levy was set to include the prepayment of this debt in order to reduce the
impact of this new levy.
Staff is recommending the Council adopt the attached resolution calling for the redemption of
2007A and 2008A G.O. Improvement bonds.
35
RESOLUTION NO. 2016 -
RESOLUTION CALLING FOR REDEMPTION
OF CERTAIN OUTSTANDING BONDS
WHEREAS, the City of Fridley, Minnesota (the "City") issued (i) $1,910,000 original principal
amount of General Obligation Improvement Bonds, Series 2007A, dated June 5, 2007 (the "2007
Bonds"); and (ii) $1,915,000 original principal amount of General Obligation Improvement
Bonds, Series 2008A, dated August 26, 2008 ( the "2008 Bonds" and together with the 2007
Bonds, the "Bonds); and
WHEREAS, the City Council deems it desirable and in the best interests of the City to call the
2018 maturity of the 2007 Bonds, in the principal amount of$230,000, on February 1, 2017, in
accordance with the resolution of the City Council adopted on May 7, 2007, authorizing the
issuance of the 2007 Bonds (the "Prior 2007 Resolution"); and
WHEREAS, the City Council deems it desirable and in the best interests of the City to call the
2018 and 2019 maturities of the 2008 Bonds, totaling $440,000 in principal amount, on February
1, 2017, in accordance with the resolution of the City Council adopted on July 28, 2008,
authorizing the issuance of the 2008 Bonds(the "Prior 2008 Resolution").
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby determines that there
exists sufficient funds in the 2007 Bonds Debt Service Account to prepay on February 1, 2017,
$230,000 aggregate principal amount of the 2007 Bonds maturing on February 1, 2018, and the
interest due thereon; and that the City Council hereby determines that there exists sufficient
funds in the 2008 Bonds Debt Service Account to prepay on February 1, 2017, $440,000
aggregate principal amount of the 2008 Bonds maturing on February 1, 2018 and February 1,
2019, and the interest due thereon; and that Bond Trust Services Corporation, in Roseville,
Minnesota, the bank at which the principal and interest on the Bonds are payable, is hereby
authorized and directed to cause the Notices of Call for Redemption attached hereto as Exhibit A
and Exhibit B to be given in accordance with the provisions of the Prior 2007 Resolution and the
Prior 2008 Resolution; and that No further action shall be required of the City Council to
complete prepayment of the Bonds.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
24TH DAY OF OCTOBER, 2016.
SCOTT J. LUND -MAYOR
ATTEST:
DEBRA A. SKOGEN—CITY CLERK
36
Exhibit A
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A
CITY OF FRIDLEY
ANOKA COUNTY
MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Fridley,Anoka
County, Minnesota,there have been called for redemption and prepayment on
February 1, 2017
those outstanding bonds of the City designated as General Obligation Improvement Bonds,
Series 2007A, dated June 5, 2007, having a stated maturity date of February 1, 2018, and in the
principal amount of$230,000.
Year CUSIP Number*
2018 358370 ZD9
The bonds are being called at a price of par plus accrued interest to February 1, 2017, on which
date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment, at Bond Trust Services
Corporation, 3060 Centre Pointe Drive, Roseville, Minnesota, 55113-1122.
Dated: October 24, 2016
BY ORDER OF THE CITY COUNCIL
City Manager
*The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any
representation made as to their correctness indicated in the notice. They are included solely for
the convenience of the holders.
37
Exhibit B
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008A
CITY OF FRIDLEY
ANOKA COUNTY
MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Fridley, Anoka
County, Minnesota,there have been called for redemption and prepayment on
February 1, 2017
those outstanding bonds of the City designated as General Obligation Improvement Bonds,
Series 2008A, dated August 26, 2008,having stated maturity dates of February 1, 2018 and
February 1, 2019, and totaling $440,000 in principal amount.
Year CUSIP Number*
2018 358370 ZN7
2019 358370 ZP2
The bonds are being called at a price of par plus accrued interest to February 1, 2017, on which
date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment, at Bond Trust Services
Corporation, 3060 Centre Pointe Drive, Roseville,Minnesota, 55113-1122.
Dated: October 24, 2016
BY ORDER OF THE CITY COUNCIL
City Manager
*The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any
representation made as to their correctness indicated in the notice. They are included solely for
the convenience of the holders.
38
/JFtIdIe)
AGENDA ITEM
CITY COUNCIL MEETING OF
OCTOBER 24, 2016
TO: Walter Wysopal, City Manager PW16-054
FROM: James Kosluchar, Public Works Director
DATE: October 21, 2016
SUBJECT: Resolution Approving a Grant Agreement with Minnesota Department of Health for
Well Sampling
Earlier this year, the City of Fridley applied for a Source Water Implementation Grant with
the Minnesota Department of Health to assist in defraying costs for sampling of Fridley
Well 1. The sampling is intended on determining whether there have been impacts to the
multiple aquifers that the well draws water from, and is a next step in determining the
appropriate rehabilitation of Well 1. The proposed grant requested $2,165.00 in eligible
laboratory analysis from MDH.
Staff requests that the City Council move to approve the attached resolution that
authorizes Execution of a Grant Agreement with The Minnesota Department of
Health for Well Sampling.
JPK/jpk
Attachments
39
RESOLUTION NO. 2016 -
AUTHORIZING EXECUTION OF A SOURCE WATER PROTECTION
IMPLEMENTATION GRANT AGREEMENT WITH THE MINNESOTA
DEPARTMENT OF HEALTH FOR WELL SAMPLING
WHEREAS,the City of Fridley submitted its Wellhead Protection Plan Part 2 in December 2008, and
WHEREAS,the Minnesota Department of Health formally approved said Wellhead Protection Plan Part
2 on May 1,2009,and
WHEREAS, one of the objectives of said Wellhead Protection Plan Part 2 is to cooperate with the
Minnesota Department of Health(MDH)Well Management Program to seal all abandoned wells within
the City of Fridley's Drinking Water Supply Management Area(DWSMA),and
WHEREAS, MDH has developed a grant program under the Clean Water Fund(CWF)which may assist
in funding activities including well sampling,and
WHEREAS,the Cities of Fridley and Spring Lake Park were awarded a Source Water Protection
Implementation Grant in the amount of$2,165 on August 24, 2016,and
WHEREAS,the City of Fridley will be required to execute the attached Grant Agreement,
NOW,THEREFORE,BE IT RESOLVED that the Mayor and City Manager are authorized to execute
the attached Grant Agreement between the City of Fridley and the Minnesota Department of Health,and
BE IT FURTHER RESOLVED that upon execution of the attached Grant Agreement number between
the City of Fridley and the Minnesota Department of Health,City of Fridley staff is authorized to
implement this work.
PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24th
DAY of OCTOBER,2016.
ATTESTED SCOTT J. LUND- MAYOR
DEBRA A. SKOGEN-CITY CLERK
40
•
mnH Minnesota Standard Grant Template Version 1.7,8/16
Department of Health Grant Agreement Number 114445
Between the Minnesota Department of Health and City of Fridley
Purchase Order Number 42351
If you circulate this grant agreement internally,only offices that require access to the tax identification number AND all individuals/offices signing this
grant agreement should have access to this document.
Minnesota Department of Health
Grant Agreement
This grant agreement is between the State of Minnesota, acting through its Commissioner of the
Department of Health ("State")and City of Fridley("Grantee"). Grantee's address is 6431 University
Ave. NE, Fridley, MN 55432.
Recitals
1. Under Minnesota Statutes 144.0742 and §114D.50 Clean Water Fund,the State is empowered to
enter into this grant agreement.
2. The State is in need of assisting public water suppliers to protect the source of drinking water.
3. The Grantee represents that it is duly qualified and will perform all the duties described in this
agreement to the satisfaction of the State. Pursuant to Minnesota Statutes section 166.98,
subdivision 1, the Grantee agrees to minimize administrative costs as a condition of this grant.
Grant Agreement
1. Term of Agreement
1.1 Effective date September 8, 2016, or the date the State obtains all required signatures
under Minnesota Statutes section 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work until this contract is fully executed and the State's
Authorized Representative has notified the Grantee that work may commence.
1.2 Expiration date April 30, 2018, or until all obligations have been fulfilled to the satisfaction
of the State, whichever occurs first.
1.3 Survival of Terms The following clauses survive the expiration or cancellation of this grant
contract: 8. Liability; 9.State Audits; 10.1 Government Data Practices; 10.2 Data Disclosure; 12.
Intellectual Property; 14.1 Publicity; 14.2 Endorsement; and 16. Governing Law,Jurisdiction,
and Venue.
ff
2. Grantee's Duties The Grantee,who is not a state employee, shall:
• Collect groundwater sample from monitoring well number 543530 adjacent to Fridley Well 1.
ry
Page 1 of 9
41
ATI Minnesota Standard Grant Template Version 1.7,8/16
Mnn Department of Health Grant Agreement Number 114445
Between the Minnesota Department of Health and City of Fridley
Purchase Order Number 42351
• Grantee agrees that work shall take place only in the MDH approved Drinking Water Supply
Management Area (DWSMA). Grantee will be reimbursed only for work that takes place in the
DWSMA.
• Grantee agrees that no system of water supply for public use shall be installed, altered or
extended until complete plans and specifications for the installation, alteration or extension
have been submitted and approved by the State, and no construction shall take place except in
accordance with the approved plans. No grant funds can be used prior to approval of the plans.
Failure to submitlans for approval within the first 2 months from the start date of the grant
may result in termination of the grant award.
• The Grantee shall use the Clean Water Land and Legacy Amendment logo on all materials that f.
are purchased or produced under this Grant Agreement (equipment, reports to the public,
publications, displays, videos). Failure to display the logo may render the Grantee ineligible for
reimbursement.
• If the project involves well(s) sealing, it is the Grantee's responsibility to contact the MDH Well
Management section 24 hours prior to the beginning of well sealing work during normal
business hours Monday to Friday between 8 am and 4:30 pm. The Grantee or their
representative must contact either MDH Field Inspector or MDH District Supervisor at least 48
hours prior to the start of well sealing work to ensure that MDH has the opportunity to inspect
during the well sealing process.
• On or before the end date of this Agreement,the Grantee shall provide the State with one
electronic copy of all final products produced under this Grant Agreement, including reports,
publications, software and videos. If required by the nature of the project, data collected during
the project shall be reported in a format acceptable to the State.
• The Grantee shall pay in full any licensed contractor or consultant hired for the purpose of
completing any work under this Grant Agreement within 10 days of receiving payment from the
State.
• The Grantee shall submit an itemized invoice for the total cost of the project.
• Exhibits A and B are attached and incorporated into this grant agreement. Upon completion of
the project Grantee shall submit a Grant Narrative Report (Exhibit A) and a Grant Invoice
(Exhibit B). The Grant Narrative Report and the Grant Invoice shall be due no later than the
expiration day of this Grant Agreement.
• The Potential Contaminant Source Inventory(PCSI) must be submitted to the State upon the
completion of the project and must include:GIS, labels,figures, spatial data and a narrative
describing the methodology.
Page 2 of 9
42
1DH Minnesota Standard Grant Template Version 1.7,8/16
Department of Health Grant Agreement Number 114445
Between the Minnesota Department of Health and City of Fridley
Purchase Order Number 42351
• In the event the Grantee is unable to satisfactorily complete all the duties specified in this grant
agreement,the Grantee may forfeit the final payment. Grantee who has not satisfactorily
fulfilled the grant obligations, including but not limited to paying the contractor in full for all
work performed by the contractor, will be denied participation in the next grant cycle.
3. Time The Grantee must comply with all the time requirements described in this grant agreement.
In the performance of this grant agreement,time is of the essence, and failure to meet a deadline may
be a basis for a determination by the State's Authorized Representative that the Grantee has not
complied with the terms of the grant.
The Grantee is required to perform all of the duties recited above within the grant period. The State is
not obligated to extend the grant period.
4. Consideration and Payment
4.1 Consideration The State will pay for all services performed by the Grantee under this grant
agreement as follows:
(a) Compensation. The Grantee will be paid according to the following breakdown of
costs:
Activity Grant Amount
Collect groundwater sample from monitoring well $2,165
Total $2,165
The following costs are not eligible and will be deducted from the final invoice, before
reimbursement:
• permitting fees payable to MDH (i.e.well construction fee;well sealing fee)
• pressure tank and associated plumbing
• water lines may be reimbursed only from the well to the pressure tank or to the
building,whichever comes first)
• indirect or administrative costs related to the grant.
F
(b) Total Obligation The total obligation of the State for all compensation and
reimbursements to the Grantee under this agreement will not exceed Two Thousand
One Hundred Sixty-five Dollars and Zero Cents ($2,165.00).
(c) Travel Expenses The Grantee will be reimbursed $0.00 for travel and subsistence
expenses in the same manner and in no greater amount than provided in the current
"Commissioner's Plan" promulgated by the Commissioner of Minnesota Management
and Budget ("MMB"). The Grantee will not be reimbursed for travel and subsistence
expenses incurred outside Minnesota unless it has received the State's prior written
Page 3 of 9
43
MDH Minnesota Standard Grant Template Version 1.7,8/16
Department of Health Grant Agreement Number 114445
Between the Minnesota Department of Health and City of Fridley
Purchase Order Number 42351
approval for out of state travel. Minnesota will be considered the home state for
determining whether travel is out of state.
(d) Budget Modifications. Modifications greater than 10 percent of any budget
line item in the most recently approved budget (listed in 4.1(a) and 4.1(b)or
incorporated in Exhibit B) requires prior written approval from the State and
must be indicated on submitted reports. Failure to obtain prior written approval
for modifications greater than 10 percent of any budget line item may result in
denial of modification request and/or loss of funds. Modifications equal to or
less than 10 percent of any budget line item are permitted without prior
approval from the State provided that such modification is indicated on
submitted reports and that the total obligation of the State for all compensation
and reimbursements to the Grantee shall not exceed the total obligation listed in
4.1(b).
4.2 Terms of Payment
(a) Invoices The State will promptly pay the Grantee after the Grantee presents
an itemized invoice for the services actually performed and the State's
Authorized Representative accepts the invoiced services. Invoices must be
submitted in a timely fashion and according to the following schedule: Upon
completion of the services. The State does not pay merely for the passage of
time.
All the grant documentation (Grant Narrative Report, Grant Invoice, itemized invoice(s),
electronic copies) must be submitted in one packet by either email or mail.The Grantee
shall use the following mailing address:
Attn: Kris Wenner
Source Water Protection
Minnesota Department of Health
PO Box 64975, St. Paul, MN 55164-0975
If the final invoice is not received by the State before the end date of this Grant
Agreement,the Grantee may forfeit the final payment.
5. Conditions of Payment All services provided by Grantee pursuant to this agreement must be
performed to the satisfaction of the State, as determined in the sole discretion of its Authorized
Representative. Further, all services provided by the Grantee must be in accord with all applicable
federal, state, and local laws, ordinances, rules and regulations. Requirements of receiving grant funds
may include, but are not limited to:financial reconciliations of payments to Grantees, site visits of the
Grantee, programmatic monitoring of work performed by the Grantee and program evaluation. The
Page 4 of 9
44
MDHMinnesota Standard Grant Template Version 1.7,8/16
Department of Health Grant Agreement Number 114445
Between the Minnesota Department of Health and City of Fridley
Purchase Order Number 42351
Grantee will not beaid for work that the State deems unsatisfactory,ry,or performed in violation of
federal, state or local law, ordinance, rule or regulation.
6. Authorized Representatives
6.1 State's Authorized Representative The State's Authorized Representative for
purposes of administering this agreement is Kris Wenner, SWP Grants Coordinator, 625
Robert Street N, PO Box 64975, Saint Paul, MN 55164-0975, 651-201-4696,
Kris.Wenner@state.mn.us, or her successor, and has the responsibility to monitor the
Grantee's performance and the final authority to accept the services provided under this
agreement. If the services are satisfactory,the State's Authorized Representative will
certify acceptance on each invoice submitted for payment.
6.2 Grantee's Authorized Representative The Grantee's Authorized Representative is
James Kosluchar, Director of Public Works/City Engineer, 6431 University Ave. NE,
Fridley, MN 55432, 763-572-3550,jim.kosluchar@fridleymn.gov, or his successor.The
Grantee's Authorized Representative has full authority to represent the Grantee in
fulfillment of the terms, conditions, and requirements of this agreement. lithe Grantee
selects a new Authorized Representative at any time during this agreement,the Grantee
must immediately notify the State in writing, via e-mail or letter.
7. Assignment,Amendments, Waiver, and Merger
7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under
this agreement without the prior written consent of the State.
7.2 Amendments If there are any amendments to this agreement,they must be in writing.
Amendments will not be effective until they have been executed and approved by the State and
Grantee.
7.3 Waiver If the State fails to enforce any provision of this agreement,that failure does not
waive the provision or the State's right to enforce it.
7.4 Merger This agreement contains all the negotiations and agreements between the State
and the Grantee. No other understanding regarding this agreement, whether written or oral,
may be used to bind either party.
8. Liability The Grantee must indemnify and hold harmless the State, its agents, and employees from
all claims or causes of action, including attorneys'fees incurred by the State, arising from the
performance of this agreement by the Grantee or the Grantee's agents or employees. This clause will
not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its
obligations under this agreement. Nothing in this clause may be construed as a waiver by the Grantee
Page 5 of 9
45
un Minnesota Standard Grant Template Version 1.7,8/161)11
Department of Health Grant Agreement Number 114445
Between the Minnesota Department of Health and City of Fridley
Purchase Order Number 42351
of any immunities or limitations of liability to which Grantee may be entitled pursuant to Minnesota
1
Statutes Chapter 466,or any other statute or law.
9. State Audits Under Minnesota Statutes section 166.98, subdivision 8,the Grantee's books,
records, documents, and accounting procedures and practices of the Grantee, or any other relevant
party or transaction, are subject to examination by the State,the State Auditor, and the Legislative
Auditor, as appropriate, for a minimum of six(6)years from the end of this grant agreement, receipt
and approval of all final reports, or the required period of time to satisfy all state and program
retention requirements,whichever is later.
is
10. Government Data Practices and Data Disclosure
sr
10.1 Government Data Practices Pursuant to Minnesota Statutes Chapter 13.05, Subd. 11(a),
the Grantee and the State must comply with the Minnesota Government Data Practices Act as
it applies to all data provided 14 the State under this agreement, and as it applies to all data
created, collected, received, stored, used, maintained, or disseminated by the Grantee under
this agreement. The civil remedies of Minnesota Statutes section 13.08 apply to the release of
the data referred to in this clause by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this clause, the Grantee must
immediately notify the State. The State will give the Grantee instructions concerning the
release of the data to the requesting party before any data is released. The Grantee's response
to the request must comply with the applicable law.
10.2 Data Disclosure Pursuant to Minnesota Statutes section 270C.65, subdivision 3, and all
other applicable laws,the Grantee consents to disclosure of its social security number,federal
employee tax identification number, and Minnesota tax identification number, all of which
have already been provided to the State,to federal and state tax agencies and state personnel
involved in the payment of state obligations. These identification numbers may be used in the
enforcement of federal and state tax laws which could result in action requiring the Grantee to
file state tax returns and pay delinquent state tax liabilities, if any.
11. Ownership of Equipment The State shall have the right to require transfer of all equipment
purchased with grant funds (including title)to the State or to an eligible non-State party named by the
State.This right will normally be exercised by the State only if the project or program for which the
equipment was acquired is transferred from one grantee to another.
12. Ownership of Materials and Intellectual Property Rights
12.1 Ownership of Materials The State shall own all rights,title and interest in all of the
materials conceived or created by the Grantee, or its employees or subgrantees,either
individually or jointly with others and which arise out of the performance of this grant
agreement, including any inventions, reports, studies, designs, drawings, specifications, notes,
Page 6 of 9
46
MDH Minnesota Standard Grant Template Version 1.7,8/16
Department of Health Grant Agreement Number 114445
Between the Minnesota Department of Health and City of Fridley
Purchase Order Number 42351
documents, software and documentation, computer based training modules, electronically,
magnetically or digitally recorded material, and other work in whatever form ("materials").
The Grantee hereby assigns to the State all rights, title and interest to the materials. The
Grantee shall, upon request of the State, execute all papers and perform all other acts
necessary to assist the State to obtain and register copyrights, patents or other forms of
protection provided by law for the materials.The materials created under this grant agreement
by the Grantee, its employees or subgrantees, individually or jointly with others,shall be
considered "works made for hire" as defined by the United States Copyright Act. All of the
materials,whether in paper, electronic, or other form, shall be remitted to the State by the
Grantee. Its employees and any subgrantees shall not copy, reproduce, allow or cause to have
the materials copied, reproduced or used for any purpose other than performance of the
Grantee's obligations under this grant agreement without the prior written consent of the
State's Authorized Representative.
12.2 Intellectual Property Rights Grantee represents and warrants that materials produced or
used under this grant agreement do not and will not infringe upon any intellectual property
rights of another including but not limited to patents, copyrights,trade secrets,trade names,
and service marks and names. Grantee shall indemnify and defend the State, at Grantee's
expense, from any action or claim brought against the State to the extent that it is based on a
claim that all or parts of the materials infringe upon the intellectual property rights of another.
Grantee shall be responsible for payment of any and all such claims, demands, obligations,
liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out
of this grant agreement, amendments and supplements thereto, which are attributable to such
claims or actions. If such a claim or action arises or in Grantee's or the State's opinion is likely to
arise, Grantee shall at the State's discretion either procure for the State the right or license to
continue using the materials at issue or replace or modify the allegedly infringing materials.
This remedy shall be in addition to and shall not be exclusive of other remedies provided by
law.
13. Workers'Compensation The Grantee certifies that it is in compliance with Minnesota Statutes
section 176.181,subdivision 2, which pertains to workers'compensation insurance coverage. The
Grantee's employees and agents, and any contractor hired by the Grantee to perform the work
required by this Grant Agreement and its employees, will not be considered State employees. Any
claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees,
and any claims made by any third party as a consequence of any act or omission on the part of these
employees, are in no way the State's obligation or responsibility.
14. Publicity and Endorsement
14.1 Publicity Any publicity given to the program, publications, or services provided resulting
from this grant agreement, including, but not limited to, notices, informational pamphlets,
press releases, research, reports, signs, and similar public notices prepared by or for the
Page 7 of 9
47
rKMinnesota Standard Grant Template Version 1.7,8/16
Department of Health Grant Agreement Number 114445
Between the Minnesota Department of Health and City of Fridley
Purchase Order Number 42351
Grantee or its employees individually or jointly with others, or any subgrantees shall identify
the State as the sponsoring agency and shall not be released without prior written approval by
the State's Authorized Representative, unless such release is a specific part of an approved
work plan included in this grant agreement.
}
14.2 Endorsement The Grantee must not claim that the State endorses its products or services.
15. Termination
15.1 Termination by the State or Grantee The State or Grantee may cancel this grant
agreement at any time,with or without cause, upon thirty(30) days written notice to the other
party.
15.2 Termination for Cause If the Grantee fails to comply with the provisions of this grant
agreement,the State may terminate this grant agreement without prejudice to the right of the
State to recover any money previously paid. The termination shall be effective five business
days after the State mails, by certified mail, return receipt requested,written notice of
termination to the Grantee at its last known address.
15.3 Termination for Insufficient Funding The State may immediately terminate this
agreement if it does not obtain funding from the Minnesota legislature or other funding source;
or if funding cannot be continued at a level sufficient to allow for the payment of the work
scope covered in this agreement. Termination must be by written or facsimile notice to the
Grantee. The State is not obligated to pay for any work performed after notice and effective
date of the termination. However,the Grantee will be entitled to payment, determined on a
pro rata basis,for services satisfactorily performed to the extent that funds are available. The
State will not be assessed any penalty if this agreement is terminated because of the decision of
the Minnesota legislature, or other funding source, not to appropriate funds. The State must
provide the Grantee notice of the lack of funding within a reasonable time of the State
receiving notice of the same.
16. Governing Law,Jurisdiction, and Venue This grant agreement, and amendments and
supplements to it, shall be governed by the laws of the State of Minnesota. Venue for all legal
proceedings arising out of this grant agreement, or for breach thereof, shall be in the state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
17. Lobbying Ensure funds are not used for lobbying,which is defined as attempting to influence
legislators or other public officials on behalf of or against proposed legislation. Providing education
about the importance of policies as a public health strategy is allowed. Education includes providing
facts, assessment of data, reports, program descriptions, and information about budget issues and
population impacts, but stopping short of making a recommendation on a specific piece of legislation.
Education may be provided to legislators, public policy makers, other decision makers, specific
stakeholders, and the general community.
Page 8 of 9
48
MDH Minnesota Standard Grant Template Version 1.7,8/16
Department of Health Grant Agreement Number 114445
Between the Minnesota Department of Health and City of Fridley
Purchase Order Number 42351
IN WITNESS WHEREOF,the parties have caused this grant agreement to be duly executed intending to be bound
thereby.
APPROVED:
1. Grantee
The Grantee certifies that the appropriate persons(s)have executed the grant agreement on behalf of the Grantee as required by applicable articles,
bylaws,resolutions,or ordinances.
By:
Title:
Date:
By:
Title:
Date:
2. State Agency
Grant Agreement approval and certification that State funds have been encumbered as required by Minn.Stat.§416A.15 and 16C.05.
By: (with delegated authority)
Title:
Date:
Distribution:
Agency—Original(fully executed)Grant Agreement
Grantee
State Authorized Representative
Page 9 of 9
49
Exhibit A
Environmental Health Division 4
MD11 m i n n e soca Drinking Water Protection Section
Department of Health P•D•Box
St.Paul,Minnesinner
ota 551 G4-0975
Phone:651-201-4700
Source Water Protection Plan Implementation Grant Invoice
GRANTEE INFORMATION PWSID:
System Name:
Address:
Contact Person Name:
Phone: Fax:
E-mail:
INVOICE INFORMATION
Is this the final invoice? ❑ Yes ❑ No
WORK ITEMS AND EXPENDITURE DESCRIPTION—use an additional page if necessary
$
$
Total Expenditures $
Net Invoice Amount to be Paid $
DISCLAIMER AND SIGNATURE I declare that no part of this claim has been previously billed to MDH,and that the Total Expenditures reflect only
charges related to the source water protection project.I also declare that the data on this document Is correct and all transactions that support this claim were
made In accordance with all applicable Federal and State statutes and regulations.
Authorized Grantee Signature Date
FOR MINNESOTA DEPARTMENT OF HEALTH USE ONLY
Grant Manager Signature Date
PO: Approved by:
Period of Service: Date sent to F.S:
50
Exhibit B
SDH M i n n esota Environmental Health Division
Drinking Water Protection Section
Department of Health P.O.Box 64975
St.Paul,Minnesota 55164-0975
Phone:651-201-4700
GRANT NARRATIVE REPORT TEMPLATE
System Name: PWSID:
Address:
Contact Person Name:
Phone: Email:
Describe the issue Why did you apply for finding? Was there a problem? Where/When did it take place?
Describe in detail the work that was performed
Describe the results of this project; How did this work benefit your system? How was drinking 4'
water and public health protected?
Would this work have happened in the absence of the grant program? o Yes o No
Assistance received—How did Minnesota Department of Health (MDH) or Minnesota Rural Water
Association (MR WA) help? (i.e. MDH/MRWA consulted, recommended, analyzed, educated, advised,
provided, etc.)
How can the grant program be improved?
Pictures available? LI Yes ❑No
Publication, software, videos available? ❑Yes ❑No
51
Exhibit B
DISCLAIMER I declare that the data on this document Is correct
Authorized Grantee Signature Date
FOR MINNESOTA DEPARTMENT OF HEALTH USE ONLY
How much money was spent completing this work(total to include cost share)
Estimate the number of people served by the PWS
52
s AGENDA ITEM
CITY COUNCIL MEETING OF
OCTOBER 24, 2016
TO: Walter Wysopal, City Manager PW16-053
FROM: James Kosluchar, Public Works Director
Greg Kottsick, Utilities Operations Manager
DATE: October 21, 2016
SUBJECT: Approve a Resolution Authorizing Execution of Grant Agreement with the
Metropolitan Council for Inflow/Infiltration Reduction
Through efforts of the Metro Cities Association and the Metropolitan Council, the 2014
Minnesota Legislature appropriated $2 million of State bond funds for a cost share grant
program for metropolitan cities to mitigate inflow and infiltration (I/I) into sanitary sewer
collection systems. The 2015 Legislature approved a supplemental $1.5 million of State
Bond funds to be rolled into this grant program.
This program was similar to a 2010 and 2012 I/I grant program that were previously funded
thanks to the work of the Metro Cities Association and Met Council. The 2014 program
includes revisions to the eligibility requirements, mainly with regard to after construction
application and grant agreements.
The City of Fridley qualifies for funding on eligible projects of $488,192 completed from
2014 through 2016. These projects include reconstruction of sanitary sewers, sewer
lining, repair of sanitary sewer structures, and flood control.
A fraction of these projects will be reimbursed through the program, which depends on
applications received and approved, with a minimum grant of$25,000. The Metropolitan
Council Environmental Services (MCES) Division administers this I/l grant program.
Staff recommends that the City Council moves to adopt the attached resolution to
authorize execution of a Grant Agreement with the Metropolitan Council for
inflow/infiltration reduction. If approved, staff will execute a final signed agreement
when received from the Metropolitan Council for completed project work related to the
grant. Receipts will be used to offset costs for these projects from the Sewer Utility Fund.
JPK/jpk
Attachments
53
RESOLUTION NO. 2016 -
A RESOLUTION AUTHORIZING EXECUTION OF END GRANT AGREEMENT
WITH THE METROPOLITAN COUNCIL FOR INFLOW/INFILTRATION
REDUCTION
WHEREAS,through efforts coordinated with the Metro Cities Association and the Metropolitan
Council,the 2014 Minnesota Legislature appropriated$2 million of state bond funds,and the 2015
Minnesota Legislature appropriated $1.5 million of state bond funds for a sanitary sewer
inflow/infiltration(I/I)reduction cost share grant program for metropolitan cities to mitigate inflow
and infiltration into sanitary sewer collections systems,and
WHEREAS,the Metropolitan Council Environmental Services(MCES)Division has been assigned
to administer the program, and
WHEREAS, after meeting with eligible cities and holding a public meeting for the purpose of
gathering public input,the Metropolitan Council approved a processes, guidelines and schedules for
the grant program, and
WHEREAS,the City of Fridley is an eligible community under the aforementioned grant program,
and
WHEREAS,the City of Fridley has estimated eligible project expenses of$488,192 for eligible I/I
mitigation work from May 20, 2014 and October 30,2016,and
WHEREAS, in order to receive granted funds,the Metropolitan Council requires approval and
execution of an end of project Grant Agreement,
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY,MINNESOTA,that sample Grant Agreement between the Metropolitan Council and the
City of Fridley is approved,and the Mayor and City Manager are directed to execute the fmal Grant
Agreement for submittal to the Metropolitan Council upon receipt, and
FURTHERMORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY,MINNESOTA,that the Public Works Director/City Engineer is directed to execute and
provide any additional documentation necessary to effect reimbursement of cost share grant funds
under this Grant Agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24th
DAY OF OCTOBER,2016.
ATTEST: SCOTT J.LUND—MAYOR
DEBRA A. SKOGEN- CITY CLERK
54
SAMPLE
Metropolitan Council
Municipal Publicly Owned Infrastructure
Inflow/Infiltration Grant Program
Grant Agreement - End Grant
for the
« 1 »
Project
Funded by the
State of Minnesota
General Obligation Bond Proceeds
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TABLE OF CONTENTS
RECITALS
•
Article I-DEFINITIONS
Section 1.01 —Defined Terms
Article II- GRANT
Section 2.01 —Grant of Monies
Section 2.02—Public Ownership
Section 2.03—Use of Grant Proceeds
Section 2.04—Operation of the Real Property and Facility
Section 2.05—Public Entity Representations and Warranties
Section 2.06—Ownership by Leasehold or Easement
Section 2.07—Event(s) of Default
Section 2.08—Remedies
Section 2.09—Notification of Event of Default
Section 2.10—Survival of Event of Default
Section 2.11 —Term of Grant Agreement
Section 2.12—Modification and/or Early Termination of Grant
Section 2.13 —Excess funds
Article III—USE CONTRACTS
Section 3.01 —General Provisions
Section 3.02—Initial Term and Renewal
Section 3.03 —Reimbursement of Counterparty
Section 3.04—Receipt of Monies Under a Use Contract
Article IV—SALE
Section 4.01 —Sale
Section 4.02—Proceeds of a Sale
Article V—COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
AND THE COMMISSIONER'S ORDER
Section 5.01 —State Bond Financed Property
Section 5.02—Preservation of Tax Exempt Status
Section 5.03 —Changes to G.O. Compliance Legislation or the
Commissioner's Order
Article VI—DISBURSEMENT OF GRANT PROCEEDS
Section 6.01—Disbursement of Grant
Section 6.02—Conditions Precedent to Disbursement of Grant
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Article VII-MISCELLANEOUS
Section 7.01 -Insurance
Section 7.02-Condemnation
Section 7.03 -Use, Maintenance,Repair and Alterations
Section 7.04-Records Keeping and Reporting
Section 7.05-Inspections by State Entity
Section 7.06-Data Practices
Section 7.07-Non-Discrimination
Section 7.08-Worker's Compensation
Section 7.09-Antitrust Claims
Section 7.10-Review of Plans and Cost Estimates
Section 7.11 -Prevailing Wages
Section 7.12-Liability
Section 7.13-Indemnification by the Public Entity
Section 7.14-Relationship of the Parties
Section 7.15-Notices
Section 7.16-Binding Effect and Assignment or Modification
Section 7.17-Waiver
Section 7.18-Entire Agreement
Section 7.19-Choice of Law and Venue
Section 7.20-Severability
Section 7.21 -Time of Essence
Section 7.22-Counterparts
Section 7.23 -Matching Funds
Section 7.24-Source and Use of Funds
Section 7.25-Third-Party Beneficiary
Section 7.26-Public Entity Tasks
Section 7.27-State Entity and Commissioner
Required Acts and Approvals.
Section 7.28-Applicability to Real Property and Facility
Section 7.29-E-Verification
Section 7.30-Jobs Reporting Requirements
Section 7.31 -Additional Requirements
Attachment I-DECLARATION
Attachment II-LEGAL DESCRIPTION OF REAL PROPERTY
Attachment III-SOURCE AND USE OF FUNDS
Attachment IV-GRANT APPLICATION
Attachment V-JOBS REPORTING
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General Obligation Bond Proceeds
Grant Agreement— End Grant
for the
«1»
Project
under the
«2»
Program
THIS AGREEMENT shall be effective as of «3» , «3», and is between
«4» , a «5» (the "Public Entity"), and the «6»
(the "State Entity").
RECITALS
A. The State Entity has created and is operating a «2» (the
"State Program") under the authority granted by Minn. Stat. § «7» and all rules related
to such legislation(the"State Program Enabling Legislation").
B. Under the State Program, the State Entity is authorized to provide grants that are
funded with proceeds of state general obligation bonds authorized to be issued under Article XI,
§ 5(a) of the Minnesota Constitution.
C. Under the State Program the recipients of a grant must use such funds to perform
those functions delineated in the State Program Enabling Legislation.
D. The Public Entity submitted, if applicable, a grant application to the State Entity in
which the Public Entity requests a grant from the State Program the proceeds of which will be
used for the purposes delineated in such grant application.
E. The Public Entity has applied to and been selected by the State Entity for a receipt of
a grant from the State Program in an amount of$ «8» (the "Program Grant"), the
proceeds must be used by the Public Entity to perform those functions and activities imposed by
the State Entity under the State Program and, if applicable, delineated in that certain grant
application (the "Grant Application") attached hereto as Attachment V that the Public Entity
submitted to the State Entity.
F. Under the provisions contained in «9» , the Public Entity has
been given the authority to perform those functions and activities required of it under the State
Program and, if applicable, delineated in Grant Application attached hereto as Attachment V
that the Public Entity submitted to the State Entity.
G. The Public Entity's receipt and use of the Program Grant to acquire an ownership
interest in and/or improve real property (the "Real Property") and, if applicable, structures
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situated thereon (the "Facility") will cause the Public Entity's ownership interest in all of such
real property and structures to become "state bond financed property", as such term is used in
Minn. Stat. § 16A.695 (the "G.O. Compliance Legislation") and in that certain "Fourth Order
Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond
Financed Property" executed by the Commissioner of Minnesota Management and Budget and
dated July 30, 2012, as amended (the "Commissioner's Order"), even though such funds may
only be a portion of the funds being used to acquire such ownership interest and/or improve such
real property and structures and that such funds may be used to only acquire such ownership
interest and/or improve a part of such real property and structures.
H. The Public Entity and the State Entity desire to set forth herein the provisions relating
to the granting and disbursement of the proceeds of the Program Grant to the Public Entity and
the operation of the Real Property and, if applicable, Facility.
IN CONSIDERATION of the grant described and other provisions in this Agreement, the
parties to this Agreement agree as follows.
Article I
DEFINITIONS
Section 1.01 Defined Terms. As used in this Agreement,the following terms shall have
the meanings set out respectively after each such term (the meanings to be equally applicable to
both the singular and plural forms of the terms defined), unless the context specifically indicates
otherwise:
"Agreement" - means this General Obligation Bond Proceeds Grant Agreement - End
Grant for the «1» Project under the «2» Program,
as such exists on its original date and any amendments, modifications or restatements
thereof.
"Approved Debt"—means public or private debt of the Public Entity that is consented
to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or
will used to acquire an ownership interest in or improve the Real Property and, if
applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes,but is
not limited to, all debt delineated in Attachment III to this Agreement; provided,however,
the Commissioner of MMB is not bound by any amounts delineated in such attachment
unless he/she has consented, in writing,to such amounts.
"Code" - means the Internal Revenue Code of 1986, as amended from time to time,
and all treasury regulations, revenue procedures and revenue rulings issued pursuant
thereto.
"Commissioner of MMB" - means the commissioner of Minnesota Management and
Budget, and any designated representatives thereof
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"Commissioner's Order" - means the "Fourth Order Amending Order of the
Commissioner of Finance Relating to Use and Sale of State Bond Financed Property"
executed by the Commissioner of Minnesota Management and Budget and dated July 30,
2012, as amended.
"Counterparty" -means any entity with which the Public Entity contracts under a Use
Contract. This definition is only needed and only applies if the Public Entity enters into an
agreement with another party under which such other party will operate the Real Property,
and if applicable, Facility. For all other circumstances this definition is not needed and
should be ignored and treated as if it were left blank, and any reference to this term in this
Agreement shall be ignored and treated as if the reference did not exist.
"Declaration" - means a declaration, or declarations, in the form contained in
Attachment I to this Agreement and all amendments thereto, indicating that the Public
Entity's ownership interest in the Real Property and, if applicable, Facility is bond financed
property within the meaning of the G.O. Compliance Legislation and is subject to certain
restrictions imposed thereby.
"Event of Default" -means one or more of those events delineated in Section 2.07.
"Facility", if applicable, - means «10» , which is
located, or will be constructed and located, on the Real Property and all equipment that is a
part thereof that was purchased with the proceeds of the Program Grant.
"Fair Market Value" —means either (i) the price that would be paid by a willing and
qualified buyer to a willing and qualified seller as determined by an appraisal that assumes
that all liens and encumbrances on the property being sold that negatively affect the value
of such property, will be paid and released, or (ii) the price bid by a purchaser under a
public bid procedure after reasonable public notice, with the proviso that all liens and
encumbrances on the property being sold that negatively affect the value of such property,
will be paid and released at the time of acquisition by the purchaser.
"G.O. Bonds" - means that portion of the state general obligation bonds issued under
the authority granted in Article XI, § 5(a) of the Minnesota Constitution the proceeds of
which are used to fund the Program Grant and any bonds issued to refund or replace such
bonds.
"G.O. Compliance Legislation" - means Minn. Stat. § 16A.695, as it may be
amended, modified or replaced from time to time unless such amendment, modification or
replacement imposes an unconstitutional impairment of a contract right.
"Grant Application" — means that certain grant application attached hereto as
Attachment IV that the Public Entity submitted to the State Entity. This definition is only
needed and only applies if the Public Entity submitted a grant application to the State
Entity. If the Public Entity did not submit a grant application to the State Entity, then this
definition is not needed and should be ignored and treated as if it were left blank, and any
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reference to this term in this Agreement shall be ignored and treated as if the reference did
not exist.
"Initial Acquisition and Betterment Costs" — means the cost to acquire the Public
Entity's ownership interest in the Real Property and, if applicable, Facility if the Public
Entity does not already possess the required ownership interest, and the costs of betterments
of the Real Property and, if applicable, Facility; provided, however, the Commissioner of
MMB is not bound by any specific amount of such alleged costs unless he/she has
consented, in writing,to such amount.
"Leased/Easement Premises" - means the real estate and structures, if any, that are
leased to the Public Entity under a Real Property/Facility Lease or granted to the Public
Entity under an easement. This definition is only needed and only applies if the Public
Entity's ownership interest in the Real Property, the Facility, if applicable, or both, is by
way of a leasehold interest under a Real Property/Facility Lease or by way of an easement.
For all other circumstances this definition is not needed and should be ignored and treated
as if it were left blank, and any reference to this term in this Agreement shall be ignored
and treated as if the reference did not exist.
"Lessor/Grantor" — means the fee owner/lessor or grantor of the Leased/Easement
Premises. This definition is only needed and only applies if the Public Entity's ownership
interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold
interest under a Real Property/Facility Lease or by way of an easement. For all other
circumstances this definition is not needed and should be ignored and treated as if it were
left blank, and any reference to this term in this Agreement shall be ignored and treated as
if the reference did not exist.
"Outstanding Balance of the Program Grant" — means the portion of the Program
Grant that has been disbursed to or on behalf of the Public Entity minus any portion thereof
previously paid back to the Commissioner of MMB.
"Ownership Value", if any—means the value, if any, of the Public Entity's ownership
interest in the Real Property and, if applicable, Facility that existed concurrent with the
Public Entity's execution of this Agreement. Such value shall be established by way of an
appraisal or by such other manner as may be acceptable to the State Entity and the
Commissioner of MMB. The parties hereto agree and acknowledge that such value is $
or Not Applicable; provided, however, the Commissioner of MMB
is not bound by any inserted dollar amount unless he/she has consented, in writing, to such
amount. If no dollar amount is inserted and the blank "Not Applicable" is not checked, a
rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank
"Not Applicable" should only be selected and checked when a portion of the funds
delineated in Attachment III attached hereto are to be used to acquire the Public Entity's
ownership interest in the Real Property and, if applicable, Facility, and in such event the
value of such ownership interest should be shown in Attachment III and not in this
definition for Ownership Value).
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"Program Grant" - means a grant of monies from the State Entity to the Public Entity
in the amount identified as the "Program Grant" in Recital E to this Agreement, as the
amount thereof may be modified under the provisions contained herein.
"Project" — means the Public Entity's acquisition, if applicable, of the ownership
interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with
the performance of the activities denoted in Section 2.03. (If the Public Entity is not using
any portion of the Program Grant to acquire the ownership interest denoted in Section
2.02, then this definition for Project shall not include the acquisition of such ownership
interest, and the value of such ownership interest shall not be included in Attachment III
hereto and instead shall be included in the definition for Ownership Value under this
Section.)
"Public Entity" - means the entity identified as the "Public Entity" in the lead-in
paragraph of this Agreement.
"Real Property"-means the real property located in the County of «11»
State of Minnesota, legally described in Attachment II to this Agreement.
"Real Property/Facility Lease" - means a long term lease of the Real Property, the
Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is
only needed and only applies if the Public Entity's ownership interest in the Real Property,
the Facility, if applicable, or both, is a leasehold interest under a lease. For all other
circumstances this definition is not needed and should be ignored and treated as if it were
left blank, and any reference to this term in this Agreement shall be ignored and treated as
if the reference did not exist.
"State Entity" - means the entity identified as the "State Entity" in the lead-in
paragraph of this Agreement.
"State Program" — means the program delineated in the State Program Enabling
Legislation.
"State Program Enabling Legislation" — means the legislation contained in the
Minnesota statute(s) delineated in Recital A and all rules related to such legislation.
"Subsequent Betterment Costs"—means the costs of betterments of the Real Property
and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part
of the Project, would qualify as a public improvement of a capital nature (as such term in
used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of
which has been established by way of written documentation that is acceptable to and
approved, in writing,by the State Entity and the Commissioner of MMB.
"Use Contract" - means a lease, management contract or other similar contract
between the Public Entity and any other entity that involves or relates to any part of the
Real Property and/or, if applicable, Facility. This definition is only needed and only applies
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if the Public Entity enters into an agreement with another party under which such other
party will operate the Real Property, and/or if applicable, Facility. For all other
circumstances this definition is not needed and should be ignored and treated as if it were
left blank, and any reference to this term in this Agreement shall be ignored and treated as
if the reference did not exist.
"Useful Life of the Real Property and, if applicable, Facility" — means the term set
forth in Section 2.05.V, which was derived as follows: (i) 30 years for Real Property that
has no structure situated thereon or if any structures situated thereon will be removed, and
no new structures will be constructed thereon, (ii) the remaining useful life of the Facility
as of the effective date of this Agreement for Facilities that are situated on the Real
Property as of the date of this Agreement, that will remain on the Real Property, and that
will not be bettered, or (iii) the useful life of the Facility after the completion of the
construction or betterments for Facilities that are to be constructed or bettered.
Article II
GRANT
Section 2.01 Grant of Monies. The State Entity shall make and issue the Program
Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this
Agreement. The Program Grant is not intended to be a loan even though the portion thereof that
is disbursed may need to be returned to the State Entity or the Commissioner of MMB under
certain circumstances.
Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the
Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the
Real Property and, if applicable, Facility must be owned by one or more public entities. Such
ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement.
In order to establish that this public ownership requirement is satisfied, the Public Entity
represents and warrants to the State Entity that it has, or will acquire, the following ownership
interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will
possess, all easements necessary for the operation, maintenance and management of the Real
Property and, if applicable,Facility in the manner specified in Section 2.04:
(Check the appropriate box for the Real Property and, if applicable, for the Facility.)
Ownership Interest in the Real Property.
ElFee simple ownership of the Real Property.
A Real Property/Facility Lease for the Real Property that complies with the
requirements contained in Section 2.06.
(If the term of the Real Property/Facility Lease is for a term authorized by a
Minnesota statute, rule or session law, then insert the citation:
.)
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❑ An easement for the Real Property that complies with the requirements
contained in Section 2.06.
(If the term of the easement is for a term authorized by a Minnesota statute,
rule or session law,then insert the citation: .)
Ownership Interest in, if applicable,the Facility.
❑ Fee simple ownership of the Facility.
❑ A Real Property/Facility Lease for the Facility that complies with all of the
requirements contained in Section 2.06.
(If the term of the Real Property/Facility Lease is for a term authorized by a
Minnesota statute, rule or session law, then insert the citation:
.)
❑ Not applicable because there is no Facility.
Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant
solely to reimburse itself for expenditures it has already made, or will make, in the performance
of the following activities, and may not use the Program Grant for any other purpose.
(Check all appropriate boxes.)
❑ Acquisition of fee simple title to the Real Property.
❑ Acquisition of a leasehold interest in the Real Property.
❑ Acquisition of an easement for the Real Property.
❑ Improvement of the Real Property.
❑ Acquisition of fee simple title to the Facility.
❑ Acquisition of a leasehold interest in the Facility.
❑ Construction of the Facility.
❑ Renovation of the Facility.
❑ «12»
(Describe other or additional purposes.)
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Section 2.04 Operation of the Real Property and Facility. The Real Property and, if
applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real
Property and, if applicable, Facility to be used, for those purposes required by the State Program
and in accordance with the information contained in the Grant Application, or for such other
purposes and uses as the Minnesota legislature may from time to time designate, and for no other
purposes or uses.
The Public Entity may enter into Use Contracts with Counterparties for the operation of all
or any portion of the Real Property and, if applicable, Facility; provided that all such Use
Contracts must have been approved, in writing,by the Commissioner of MMB and fully comply
with all of the provisions contained in Sections 3.01, 3.02 and 3.03.
The Public Entity must, whether it is operating the Real Property and, if applicable, Facility
or has contracted with a Counterparty under a Use Contract to operate all or any portion of the
Real Property and, if applicable, Facility, annually determine that the Real Property and, if
applicable, Facility is being used for the purpose required by this Agreement, and shall annually
supply a statement, sworn to before a notary public, to such effect to the State Entity and the
Commissioner of MMB.
For those programs, if any, that the Public Entity will directly operate on all or any portion
of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents
and warrants to the State Entity that: (i) it has the ability and a plan to fund such programs, (ii) it
has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it
will annually adopt, by resolution, a budget for the operation of such programs that clearly shows
that forecast program revenues along with other funds available for the operation of such
program will be equal to or greater than forecast program expenses for each fiscal year, and will
supply to the State Entity and the Commissioner of MMB certified copies of such resolution and
budget.
For those programs, if any, that will be operated on all or any portion of the Real Property
and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants
with and represents and warrants to the State Entity that: (i) it will not enter into such Use
Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such
program, (ii) it will require the Counterparty to provide an initial program budget and annual
program budgets that clearly show that forecast program revenues along with other funds
available for the operation of such program (from all sources) will be equal to or greater than
forecast program expenses for each fiscal year, (iii) it will promptly review all submitted
program budgets to determine if such budget clearly and accurately shows that the forecast
program revenues along with other funds available for the operation of such program (from all
sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it
will reject any program budget that it believes does not accurately reflect forecast program
revenues or expenses or does not show that forecast program revenues along with other funds
available for the operation of such program (from all sources) will be equal to or greater than
forecast program expenses, and require the Counterparty to prepare and submit a revised
program budget, and (v) upon receipt of a program budget that it believes accurately reflects
forecast program revenues and expenses and that shows that forecast program revenues along
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with other funds available for the operation of such program (from all sources) will be equal to
or greater than forecast program expenses, it will approve such budget by resolution and supply
to the State Entity and the Commissioner of MMB certified copies of such resolution and budget.
Section 2.05 Public Entity Representations and Warranties. The Public Entity
further covenants with, and represents and warrants to the State Entity as follows:
A. It has legal authority to enter into, execute, and deliver this Agreement, the
Declaration, and all documents referred to herein, and it has taken all actions necessary to
its execution and delivery of such documents.
B. It has legal authority to use the Program Grant for the purpose or purposes
described in the State Program Enabling Legislation.
C. It has legal authority to operate the State Program and the Real Property and if
applicable, Facility for the purposes required by the State Program and for the functions and
activities proposed in the Grant Application.
D. This Agreement, the Declaration, and all other documents referred to herein are
the legal, valid and binding obligations of the Public Entity enforceable against the Public
Entity in accordance with their respective terms.
E. It will comply with all of the terms, conditions, provisions, covenants,
requirements, and warranties in this Agreement, the Declaration, and all other documents
referred to herein.
F. It will comply with all of the provisions and requirements contained in and
imposed by the G.O. Compliance Legislation, the Commissioner's Order, and the State
Program.
G. It has made no material false statement or misstatement of fact in connection
with its receipt of the Program Grant, and all of the information it has submitted or will
submit to the State Entity or Commissioner of MMB relating to the Program Grant or the
disbursement of any of the Program Grant is and will be true and correct.
H. It is not in violation of any provisions of its charter or of the laws of the State of
Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge
threatened, before any judicial body or governmental authority against or affecting it
relating to the Real Property and, if applicable, Facility, or its ownership interest therein,
and it is not in default with respect to any order, writ, injunction, decree, or demand of any
court or any governmental authority which would impair its ability to enter into this
Agreement, the Declaration, or any document referred to herein, or to perform any of the
acts required of it in such documents.
I. Neither the execution and delivery of this Agreement, the Declaration, or any
document referred to herein nor compliance with any of the terms, conditions,
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requirements, or provisions contained in any of such documents is prevented by, is a breach
of, or will result in a breach of, any term, condition, or provision of any agreement or
document to which it is now a party or by which it is bound.
J. The contemplated use of the Real Property and, if applicable, Facility will not
violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or
any covenant or agreement of record relating thereto.
K. The Project has been or will be completed in full compliance with all applicable
laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local
political subdivisions having jurisdiction over the Project.
L. All applicable licenses, permits and bonds required for the performance and
completion of the Project have been, or will be, obtained.
M. All applicable licenses,permits and bonds required for the operation of the Real
Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or
will be, obtained.
N. It will operate, maintain, and manage the Real Property and, if applicable,
Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained
and managed in compliance with all applicable laws, statutes, rules, ordinances, and
regulations issued by any federal, state, or local political subdivisions having jurisdiction
over the Real Property and, if applicable,Facility.
0. It will fully enforce the terms and conditions contained in any Use Contract.
P. It has complied with the matching funds requirement, if any, contained in
Section 7.23.
Q. It will not, without the prior written consent of the State Entity and the
Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or
encumbrance that can be satisfied by the payment of monies and which is not being
actively contested to be created or exist against the Public Entity's ownership interest in the
Real Property or, if applicable, Facility, or the Counterparty's interest in the Use Contract,
whether such lien or encumbrance is superior or subordinate to the Declaration. Provided,
however, the State Entity and the Commissioner of MMB will consent to any such lien or
encumbrance that secures the repayment of a loan the repayment of which will not impair
or burden the funds needed to operate the Real Property and, if applicable, Facility in the
manner specified in Section 2.04, and for which the entire amount is used (i) to acquire
additional real estate that is needed to so operate the Real Property and, if applicable,
Facility in accordance with the requirements imposed under Section 2.04 and will be
included in and as part of the Public Entity's ownership interest in the Real Property and, if
applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so
operate the Real Property and, if applicable, Facility in accordance with the requirements
imposed under Section 2.04.
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R. It reasonably expects to possess the ownership interest in the Real Property and,
if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property
and, if applicable,Facility, and it does not expect to sell such ownership interest.
S. It does not reasonably expect to receive payments under a Use Contract in
excess of the amount the Public Entity needs and is authorized to use to pay the operating
expenses of the portion of the Real Property and, if applicable, Facility that is the subject of
the Use Contract or to pay the principal, interest, redemption premiums, and other expenses
on any Approved Debt.
T. It will supply, or cause to be supplied, whatever funds are needed above and
beyond the amount of the Program Grant to complete and fully pay for the Project.
U. It has or will promptly record a fully executed Declaration with the appropriate
governmental office and deliver a copy thereof to the State Entity and to Minnesota
Management and Budget (attention: Capital Projects Manager) that contains all of the
recording information.
V. The Useful Life of the Real Property and, if applicable,Facility is years.
W. It shall furnish such satisfactory evidence regarding the representations and
warranties described herein as may be required and requested by either the State Entity or
the Commissioner of MMB.
Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if
the Public Entity's ownership interest in the Real Property, the Facility, if applicable, or both is
by way of a Real Property/Facility Lease or an easement. For all other circumstances this
Section is not needed and should be ignored and treated as if it were left blank, and any
reference to this Section in this Agreement shall be ignored and treated as if the reference did
not exist.
A. A Real Property/Facility Lease or easement must comply with the following
provisions.
1. It must be in form and contents acceptable to the Commissioner of MMB,
and specifically state that it may not be modified, restated, amended, changed in any
way, or prematurely terminated or cancelled without the prior written consent and
authorization by the Commissioner of MMB.
2. It must be for a term that is equal to or greater than 125% of the Useful
Life of the Real Property and, if applicable, Facility, or such other period of time
specifically authorized by a Minnesota statute,rule or session law.
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3. Any payments to be made under it by the Public Entity, whether
designated as rent or in any other manner, must be by way of a single lump sum
payment that is due and payable on the date that it is first made and entered into.
4. It must not contain any requirements or obligations of the Public Entity
that if not complied with could result in a termination thereof
5. It must contain a provision that provides sufficient authority to allow the
Public Entity to operate the Real Property and, if applicable, Facility in accordance
with the requirements imposed under Section 2.04.
6. It must not contain any provisions that would limit or impair the Public
Entity's operation of the Real Property and, if applicable, Facility in accordance with
the requirements imposed under Section 2.04.
7. It must contain a provision that prohibits the Lessor/Grantor from creating
or allowing, without the prior written consent of the State Entity and the
Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or
encumbrance that can be satisfied by the payment of monies and which is not being
actively contested against the Leased/Easement Premises or the Lessor's/Grantor's
interest in the Real Property/Facility Lease or easement, whether such lien or
encumbrance is superior or subordinate to the Declaration. Provided, however, the
State Entity and the Commissioner of MMB will consent to any such lien or
encumbrance if the holder of such lien or encumbrance executes and files of record a
document under which such holder subordinates such lien or encumbrance to the Real
Property/Facility Lease or easement and agrees that upon foreclosure of such lien or
encumbrance to be bound by and comply with all of the terms, conditions and
covenants contained in the Real Property/Facility Lease or easement as if such holder
had been an original Lessor/Grantor under the Real Property/Facility Lease or
easement.
8. It must acknowledge the existence of this Agreement and contain a
provision that the terms, conditions and provisions contained in this Agreement shall
control over any inconsistent or contrary terms, conditions and provisions contained
in the Real Property/Facility Lease or easement.
9. It must provide that any use restrictions contained therein only apply as
long as the Public Entity is the lessee under the Real Property/Facility Lease or
grantee under the easement, and that such use restrictions will terminate and not apply
to any successor lessee or grantee who purchases the Public Entity's ownership
interest in the Real Property/Facility Lease or easement. Provided, however, it may
contain a provisions that limits the construction of any new structures on the Real
Property or modifications of any existing structures on the Real Property without the
written consent of Lessor/Grantor, which will apply to any such successor lessee or
grantee.
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10. It must allow for a transfer thereof in the event that the lessee under the
Real Property/Lease or grantee under the easement makes the necessary determination
to sell its interest therein, and allow such interest to be transferred to the purchaser of
such interest.
11. It must contain a provision that prohibits and prevents the sale of the
underlying fee interest in the Real Property and, if applicable, Facility without first
obtaining the written consent of the Commissioner of MMB.
12 The Public Entity must be the lessee under the Real Property/Lease or
grantee under the easement.
B. The provisions contained in this Section are not intended to and shall not
prevent the Public Entity from including additional provisions in the Real Property/Facility
Lease or easement that are not inconsistent with or contrary to the requirements contained
in this Section.
C. The expiration of the term of a Real Property/Facility Lease or easement shall
not be an event that requires the Public Entity to reimburse the State Entity for any portion
of the Program Grant, and upon such expiration the Public Entity's ownership interest in
the Real Property and, if applicable, Facility shall no longer be subject to this Agreement.
D. The Public Entity shall fully and completely comply with all of the terms,
conditions and provisions contained in a Real Property/Facility Lease or easement, and
shall obtain and file, in the Office of the County Recorder or the Registrar of Titles,
whichever is applicable, the Real Property/Facility Lease or easement or a short form or
memorandum thereof.
Section 2.07 Event(s) of Default. The following events shall, unless waived in writing
by the State Entity and the Commissioner of MMB, constitute an Event of Default under this
Agreement upon either the State Entity or the Commissioner of MMB giving the Public Entity 30
days written notice of such event and the Public Entity's failure to cure such event during such
30 day time period for those Events of Default that can be cured within 30 days or within
whatever time period is needed to cure those Events of Default that cannot be cured within 30
days as long as the Public Entity is using its best efforts to cure and is making reasonable
progress in curing such Events of Default, however, in no event shall the time period to cure any
Event of Default exceed 6 months unless otherwise consented to, in writing, by the State Entity
and the Commissioner of MMB.
A. If any representation, covenant, or warranty made by the Public Entity in this
Agreement, in any other document furnished pursuant to this Agreement, or in order to
induce the State Entity to disburse any of the Program Grant, shall prove to have been
untrue or incorrect in any material respect or materially misleading as of the time such
representation, covenant, or warranty was made.
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B. If the Public Entity fails to fully comply with any provision, term, condition,
covenant, or warranty contained in this Agreement, the Declaration, or any other document
referred to herein.
C. If the Public Entity fails to fully comply with any provision, term, condition,
covenant, or warranty contained in the G.O. Compliance Legislation, the Commissioner's
Order, or the State Program Enabling Legislation.
D. If the Public Entity fails to provide and expend the full amount of the matching
funds, if any,required under Section 7.23 for the Project.
E. If the Public Entity fails to record the Declaration and deliver copies thereof as
set forth in Section 2.05.U.
Notwithstanding the foregoing, any of the above delineated events that cannot be cured
shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an
Event of Default under this Agreement immediately upon either the State Entity or the
Commissioner of MMB giving the Public Entity written notice of such event.
Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time
thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State
Entity or the Commissioner of MMB may enforce any or all of the following remedies.
A. The State Entity may refrain from disbursing the Program Grant; provided,
however, the State Entity may make such disbursements after the occurrence of an Event of
Default without thereby waiving its rights and remedies hereunder.
B. If the Event of Default involves a failure to comply with any of the provisions
contained herein other than the provisions contained in Sections 4.01 or 4.02, then the
Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that
the Outstanding Balance of the Program Grant be returned to it, and upon such demand the
Public Entity shall return such amount to the Commissioner of MMB.
C. If the Event of Default involves a failure to comply with the provisions
contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party
beneficiary of this Agreement, may demand that the Public Entity pay the amounts that
would have been paid if there had been full and complete compliance with such provisions,
and upon such demand the Public Entity shall pay such amount to the Commissioner of
MMB.
D. Either the State Entity or the Commissioner of MMB, as a third party
beneficiary of this Agreement, may enforce any additional remedies they may have in law
or equity.
The rights and remedies herein specified are cumulative and not exclusive of any rights or
remedies that the State Entity or the Commissioner of MMB would otherwise possess.
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If the Public Entity does not repay the amounts required to be paid under this Section or
under any other provision contained in this -Agreement within 30 days of demand by the
Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30
days of entry of judgment against the Public Entity and in favor of the State Entity and/or the
Commissioner, of MMB, then such amount may, unless precluded by law, be taken from or off-
set against any aids or other monies that the Public Entity is entitled to receive from the State of
Minnesota.
Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the
State Entity and the Commissioner of MMB, as soon as possible and in any event within 7 days
after it has obtained knowledge of the occurrence of each Event of Default or each event which
with the giving of notice or lapse of time or both would constitute an Event of Default, a
statement setting forth details of each Event of Default or event which with the giving of notice
or upon the lapse of time or both would constitute an Event of Default and the action which the
Public Entity proposes to take with respect thereto.
Section 2.10 Survival of Event of Default. This Agreement shall survive any and all
Events of Default and remain in full force and effect even upon the payment of any amounts due
under this Agreement, and shall only terminate in accordance with the provisions contained in
Section 2.12 and at the end of its term in accordance with the provisions contained in Section
2.11.
Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier
terminated in accordance with any of the provisions contained herein, remain in full force and
effect for the time period starting on the effective date hereof and ending on the date that
corresponds to the date established by adding a time period equal to 125% of Useful Life of the
Real Property and, if applicable, Facility to the date on which the Real Property and, if
applicable, Facility is first used for the operation of the State Program after such effective date.
If there are no uncured Events of Default as of such date this Agreement shall terminate and no
longer be of any force or effect, and the Commissioner of MMB shall execute whatever
documents are needed to release the Real Property and, if applicable, Facility from the effect of
this Agreement and the Declaration.
Section 2.12 Modification and/or Early Termination of Grant. If the full amount of
the Program Grant has not been disbursed on or before the date that is 5 years from the effective
date of this Agreement, or such later date to which the Public Entity and the State Entity may
agree in writing, then the State Entity's obligation to fund the Program Grant shall terminate. In
such event, (i) if none of the Program Grant has been disbursed by such date then the State
Entity's obligation to fund any portion of the Program Grant shall terminate and this Agreement
shall terminate and no longer be of any force or effect, and(ii) if some but not all of the Program
Grant has been disbursed by such date then the State Entity shall have no further obligation to
provide any additional funding for the Program Grant and this Agreement shall remain in full
force and effect but shall be modified and amended to reflect the amount of the Program Grant
that was actually disbursed as of such date.
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This Agreement shall also terminate and no longer be of any force or effect upon the Public
Entity's sale of its ownership interest in the Real Property and, if applicable, Facility in
accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the
proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained
in Section 4.02, or upon the termination of Public Entity's ownership interest in the Real
Property and, if applicable, Facility if such ownership interest is by way of an easement or under
a Real Property/Facility Lease. Upon such termination the State Entity shall execute, or have
executed, and deliver to the Public Entity such documents as are required to release the Public
Entity's ownership interest in the Real Property and, if applicable, Facility, from the effect of this
Agreement and the Declaration.
Section 2.13 Excess Funds. If the full amount of the Program Grant and any matching
funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in
the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced
by the amount not needed.
Article III
USE CONTRACTS
This Article III and its contents is only needed and only applies if the Public Entity enters into an
agreement with another party under which such other party will operate any portion of the Real
Property, and if applicable, Facility. For all other circumstances this Article III and its contents
are not needed and should be ignored and treated as if it were left blank, and any reference to
this Article III, its contents, and the term Use Contract in this Agreement shall be ignored and
treated as if the references did not exist.
Section 3.01 General Provisions. If the Public Entity has statutory authority to enter
into a Use Contract, then it may enter into Use Contracts for various portions of the Real
Property and, if applicable, Facility; provided that each and every Use Contract that the Public
Entity enters into must comply with the following requirements:
A. The purpose for which it was entered into must be to operate the State Program
in the Real Property and, if applicable,Facility.
B. It must contain a provision setting forth the statutory authority under which the
Public Entity is entering into such contract, and must comply with the substantive and
procedural provisions of such statute.
C. It must contain a provision stating that it is being entered into in order for the
Counterparty to operate the State Program and must describe such program.
D. It must contain a provision that will provide for oversight by the Public Entity.
Such oversight may be accomplished by way of a provision that will require the
Counterparty to provide to the Public Entity: (i) an initial program evaluation report for the
first fiscal year that the Counterparty will operate the State Program, (ii) program budgets
for each succeeding fiscal year showing that forecast program revenues and additional
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revenues available for the operation of the State Program (from all sources) by the
Counterparty will equal or exceed expenses for such operation for each succeeding fiscal
year, and (iii) a mechanism under which the Public Entity will annually determine that the
Counterparty is using the portion of the Real Property and, if applicable, Facility that is the
subject of the Use Contract to operate the State Program.
E. It must allow for termination by the Public Entity in the event of a default
thereunder by the Counterparty, or in the event that the State Program is terminated or
changed in a manner that precludes the operation of such program in the portion of the Real
Property and, if applicable,Facility that is the subject of the Use Contract.
F. It must terminate upon the termination of the statutory authority under which
the Public Entity is operating the State Program.
G. It must require the Counterparty to pay all costs of operation and maintenance
of that portion of the Real Property and, if applicable, Facility that is the subject of the Use
Contract, unless the Public Entity is authorized by law to pay such costs and agrees to pay
such costs.
H. If the Public Entity pays monies to a Counterparty under a Use Contract, such
Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such
Use Contract does not result in"private business use"under Section 141(b) of the Code.
I. It must be approved, in writing, by the Commissioner of MMB, and any Use
Contract that is not approved, in writing, by the Commissioner of MMB shall be null and
void and of no force or effect.
J. It must contain a provision requiring that each and every party thereto shall,
upon direction by the Commissioner of MMB, take such actions and furnish such
documents to the Commissioner of MMB as the Commissioner of MMB determines to be
necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal
income taxation.
K. It must contain a provision that prohibits the Counterparty from creating or
allowing, without the prior written consent of the State Entity and the Commissioner of
MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be
satisfied by the payment of monies and which is not being actively contested against the
Real Property or, if applicable, Facility, the Public Entity's ownership interest in the Real
Property or, if applicable, Facility, or the Counterparty's interest in the Use Contract,
whether such lien or encumbrance is superior or subordinate to the Declaration. Provided,
however, the State Entity and the Commissioner of MMB will consent, in writing, to any
such lien or encumbrance that secures the repayment of a loan the repayment of which will
not impair or burden the funds needed to operate the portion of the Real Property and, if
applicable, Facility that is the subject of the Use Contract in the manner specified in
Section 2.04 and for which the entire amount is used (i) to acquire additional real estate
that is needed to so operate the Real Property and, if applicable, Facility in accordance with
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the requirements imposed under Section 2.04 and will be included in and as part of the
Public Entity's ownership interest in the Real Property and, if applicable, Facility, and/or
(ii) to pay for capital improvements that are needed to so operate the Real Property and, if
applicable, Facility in accordance with the requirements imposed under Section 2.04.
L. If the amount of the Program Grant exceeds $200,000.00, then it must contain a
provision requiring the Counterparty to list any vacant or new positions it may have with
state workforce centers as required by Minn. Stat. § 116L.66, as it may be amended,
modified or replaced from time to time, for the term of the Use Contract.
M. It must contain a provision that clearly states that the Public Entity is not
required to renew the Use Contract beyond the original term thereof and that the Public
Entity may, at its sole option and discretion, allow the Use Contract to expire at the end of
its original term and thereafter directly operate the governmental program in the Real
Property and, if applicable, Facility or contract with some other entity to operate the
governmental program in the Real Property and, if applicable,Facility.
Section 3.02 Initial Term and Renewal. The initial term for a Use Contract may not
exceed the lesser of(i) 50%of the Useful Life of the Real Property and, if applicable, Facility for
the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract,
or (ii) the shortest term of the Public Entity's ownership interest in the Real Property and, if
applicable,Facility.
A Use Contract may allow for renewals beyond its initial term on the conditions that(a)the
term of any renewal may not exceed the initial term, (b) the Public Entity must make a
determination that renewal will continue to carry out the State Program and that the Counterparty
is suited and able to perform the functions contained in Use Contract that is to be renewed, (c)
the Use Contract may not include any provisions that would require, either directly or indirectly,
the Public Entity to either make the determination referred to in this Section or to renew the Use
Contract with the Counterparty after the expiration of the initial term or any renewal term, and
(d) no such renewal may occur prior to the date that is 6 months prior to the date on which the
Use Contract is scheduled to terminate. Provided, however, notwithstanding anything to the
contrary contained herein the Public Entity's voluntary agreement to reimburse the Counterparty
for any investment that the Counterparty provided for the acquisition or betterment of the Real
Property and, if applicable, Facility that is the subject of the Use Contract if the Public Entity
does not renew a Use Contract if requested by the Counterparty is not deemed to be a provision
that directly or indirectly requires the Public Entity to renew such Use Contract.
Section 3.03 Reimbursement of Counterparty. A Use Contract may but need not
contain, at the sole option and discretion of the Public Entity, a provision that requires the Public
Entity to reimburse the Counterparty for any investment that the Counterparty provided for the
acquisition or betterment of the Real Property and, if applicable, Facility that is the subject of the
Use Contract if the Public Entity does not renew a Use Contract if requested by the Counterparty.
If agreed to by the Public Entity, such reimbursement shall be on terms and conditions agreed to
by the Public Entity and the Counterparty.
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Section 3.04 Receipt of Monies Under a Use Contract. The Public Entity does not
anticipate the receipt of any funds under a Use Contract, provided, however, if the Public Entity
does receive any monies under a Use Contract in excess of the amount the Public Entity needs
and is authorized to use to pay the operating expenses of the portion of the Real Property and, if
applicable, Facility that is the subject of a Use Contract, and to pay the principal, interest,
redemption premiums, and other expenses on Approved Debt, then a portion of such excess
monies must be paid by the Public Entity to the Commissioner of MMB. The portion of such
excess monies that the Public Entity must and shall pay to the Commissioner of MMB shall be
determined by the Commissioner of MMB, and absent circumstances which would indicate
otherwise such portion shall be determined by multiplying such excess monies by a fraction the
numerator of which is the Program Grant and the denominator of which is sum of the Program
Grant and the Approved Debt.
Article IV
SALE
Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in
the Real Property and, if applicable, Facility unless all of the following provisions have been
complied with fully.
A. The Public Entity determines, by official action, that such ownership interest is
no longer usable or needed for the operation of the State Program, which such
determination may be based on a determination that the portion of the Real Property or, if
applicable, Facility to which such ownership interest applies is no longer suitable or
financially feasible for such purpose.
B. The sale is made as authorized by law.
C. The sale is for Fair Market Value.
D. The written consent of the Commissioner of MMB has been obtained.
The acquisition of the Public Entity's ownership interest in the Real Property and, if
applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or
enforcement of a security interest in personal property used in the operation thereof, by a lender
that has provided monies for the acquisition of the Public Entity's ownership interest in or
betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the
purposes of this Agreement if after such acquisition the lender operates such portion of the Real
Property and, if applicable, Facility in a manner which is not inconsistent with the requirements
imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a
third party for Fair Market Value. The lender's ultimate sale or disposition of the acquired
interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the
purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the
provisions contained in Section 4.02.
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The Public Entity may participate in any public auction of its ownership interest in the Real
Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if
it is the successful purchaser it will not use any part of the Real Property or, if applicable,Facility
for the State Program.
Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity's ownership interest
in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all
costs directly associated and incurred in conjunction with such sale and such other costs that are
approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt
associated with the Public Entity's ownership interest in the Real Property and, if applicable,
Facility, shall be disbursed in the following manner and order.
A. The first distribution shall be to the Commissioner of MMB in an amount equal
to the Outstanding Balance of the Program Grant, and if the amount of such net proceeds
shall be less than the amount of the Outstanding Balance of the Program Grant then all of
such net proceeds shall be distributed to the Commissioner of MMB.
B. The remaining portion, after the distribution specified in Section 4.02.A, shall
be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public
Entity for its Ownership Value, and (iii) to pay interested public and private entities, other
than any such entity that has already received the full amount of its contribution (such as
the State Entity under Section 4.02.A and the holders of Approved Debt paid under this
Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition
and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is
not sufficient to reimburse interested public and private entities for the full amount that
such entities contributed to the acquisition or betterment of the Real Property and, if
applicable, Facility, then the amount available shall be distributed as such entities may
agree in writing, and if such entities cannot agree by an appropriately issued court order.
C. The remaining portion, after the distributions specified in Sections 4.02.A and
B, shall be divided and distributed to the State Entity, the Public Entity, and any other
public and private entity that contributed funds to the Initial Acquisition and Betterment
Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such
funds, in proportion to the contributions that the State Entity, the Public Entity, and such
other public and private entities made to the acquisition and betterment of the Real Property
and, if applicable, Facility as such amounts are part of the Ownership Value, Initial
Acquisition and Betterment Costs, and Subsequent Betterment Costs.
The distribution to the State Entity shall be made to the Commissioner of MMB, and the
Public Entity may direct its distribution to be made to any other entity including, but not limited
to, a Counterparty.
All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the
Commissioner of MMB, and no such disbursements shall be made without such consent.
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The Public Entity shall not be required to pay or reimburse the State Entity or the
Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even
if such net proceeds are less than the amount of the Outstanding Balance of the Program Grant.
Article V
COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
AND THE COMMISSIONER'S ORDER
Section 5.01 State Bond Financed Property. The Public Entity and the State Entity
acknowledge and agree that the Public Entity's ownership interest in the Real Property and, if
applicable, Facility is, or when acquired by the Public Entity will be, "state bond financed
property", as such term is used in the G.O. Compliance Legislation and the Commissioner's
Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to
the Public Entity's ownership interest in the Real Property and, if applicable, Facility and any
Use Contracts relating thereto.
Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt
status of the G.O. Bonds,the Public Entity agrees as follows:
A. It will not use the Real Property or, if applicable, Facility, or use or invest the
Program Grant or any other sums treated as "bond proceeds"under Section 148 of the Code
including "investment proceeds," "invested sinking funds," and "replacement proceeds," in
such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under
Section 148 of the Code.
B. It will deposit into and hold all of the Program Grant that it receives under this
Agreement in a segregated non-interest bearing account until such funds are used for
payments for the Project in accordance with the provisions contained herein.
C. It will, upon written request, provide the Commissioner of MMB all
information required to satisfy the informational requirements set forth in the Code
including, but not limited to, Sections 103 and 148 thereof,with respect to the G.O. Bonds.
D. It will, upon the occurrence of any act or omission by the Public Entity or any
Counterparty, that could cause the interest on the G.O. Bonds to no longer be tax exempt
and upon direction from the Commissioner of MMB, take such actions and furnish such
documents as the Commissioner of MMB determines to be necessary to ensure that the
interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action
may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as
a "qualified bond" within the meaning of Section 141(e) of the Code, (ii) changing the
nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13,
1997-1 CB 632, or(iii) changing the nature of the use of the Real Property or, if applicable,
Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or
indirectly, in an "unrelated trade or business" or for any "private business use" (within the
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meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code
provisions,regulations, or revenue procedures which amend or supersede the foregoing.
E. It will not otherwise use any of the Program Grant, including earnings thereon,
if any, or take or permit to or cause to be taken any action that would adversely affect the
exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take
any action necessary to maintain such tax exempt status, and if it should take, permit, omit
to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions
necessary to rescind or correct such actions or omissions promptly upon having knowledge
thereof.
Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner's Order.
In the event that the G.O. Compliance Legislation or the Commissioner's Order is amended in a
manner that reduces any requirement imposed against the Public Entity, or if the Public Entity's
ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O.
Compliance Legislation and the Commissioner's Order, then upon written request by the Public
Entity the State Entity shall enter into and execute an amendment to this Agreement to
implement herein such amendment to or exempt the Public Entity's ownership interest in the
Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the
Commissioner's Order.
Article VI
DISBURSEMENT OF GRANT PROCEEDS
Section 6.01 Disbursement of Grant. Upon compliance with all of the conditions
delineated in Section 6.02, the State Entity shall disburse the Program Grant to the Public Entity
in one lump sum. Under no circumstance shall the State Entity be required to disburse funds in
excess of the amount requested by the Public Entity under the provisions contained in Section
6.02.A even if the amount requested is less than the amount of the Program Grant delineated in
Section 1.01. If the amount of Program Grant that the State Entity disburses hereunder to the
Public Entity is less than the amount of the Program Grant delineated in Section 1.01, then the
State Entity and the Public Entity shall enter into and execute whatever documents the State
Entity may request in order to amend or modify this Agreement to reduce the amount of the
Program Grant to the amount actually disbursed. Provided, however, in accordance with the
provisions contained in Section 2.11,the State Entity's obligation to disburse any of the Program
Grant shall terminate as of the date specified in such Section even if the entire Program Grant
has not been disbursed by such date.
The Program Grant shall only be for expenses that(i) are for those items of a capital nature
for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated
the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in
writing,by the State Entity and the Commissioner of MMB.
Section 6.02 Conditions Precedent to Disbursement of Grant. The obligation of the
State Entity to disburse the Program Grant to the Public Entity is subject to the following
conditions precedent:
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A. The State Entity shall have received a request for disbursement of the Program
Grant specifying the amount of funds being requested,which such amount shall not exceed
the amount of the Program Grant delineated in Section 1.01.
B. The State Entity shall have received a duly executed Declaration that has been
duly recorded in the appropriate governmental office, with all of the recording information
displayed thereon.
C. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions
necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the
Declaration are binding on and enforceable against the Public Entity.
D. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Public Entity has fully and completely paid for the Project and
all other expenses that may occur in conjunction therewith.
E. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Public Entity is in compliance with the matching funds
requirements, if any, contained in Section 7.23 and that all of such matching funds, if any,
have been expended for the Project.
F. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, showing that the Public Entity possesses the ownership interest
delineated in Section 2.02.
G. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Real Property and, if applicable, Facility and the contemplated
use thereof are permitted by and will comply with all applicable use or other restrictions
and requirements imposed by applicable zoning ordinances or regulations, and, if required
by law, have been duly approved by the applicable municipal or governmental authorities
having jurisdiction thereover.
H. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that that all applicable and required building permits, other permits,
bonds and licenses necessary for the Project have been paid for, issued, and obtained, other
than those permits, bonds and licenses which may not lawfully be obtained until a future
date or those permits, bonds and licenses which in the ordinary course of business would
normally not be obtained until a later date.
I. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that that all applicable and required permits, bonds and licenses
necessary for the operation of the Real Property and, if applicable, Facility in the manner
specified in Section 2.04 have been paid for, issued, and obtained, other than those permits,
bonds and licenses which may not lawfully be obtained until a future date or those permits,
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bonds and licenses which in the ordinary course of business would normally not be
obtained until a later date.
J. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Project was completed in a manner that will allow the Real
Property and, if applicable, Facility to be operated in the manner specified in Section 2.04,
which requirement may be satisfied by a certificate of occupancy or such other equivalent
document from the municipality in which the Real Property is located.
K. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, that the Public Entity has the ability and a plan to fund the operation of
the Real Property and, if applicable,Facility in the manner specified in Section 2.04.
L. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity,that the insurance requirements under Section 7.01 have been satisfied.
M. The State Entity shall have received evidence, in form and substance acceptable
to the State Entity, of compliance with the provisions and requirements specified in Section
7.10 and all additional applicable provisions and requirements, if any, contained in Minn.
Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such
evidence shall include, but not be limited to, evidence that: (i) the predesign package
referred to in Section 7.10.B has, if required, been reviewed by and received a favorable
recommendation from the Commissioner of Administration for the State of Minnesota, (ii)
the program plan and cost estimates referred to in Section 7.10.0 have, if required,received
a recommendation by the Chairs of the Minnesota State Senate Finance Committee and
Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and
Ranking Minority Member of the Minnesota House of Representatives Capital Investment
Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital
Investment Committee have, if required,been notified pursuant to Section 7.10.G.
N. No Event of Default under this Agreement or event which would constitute an
Event of Default but for the requirement that notice be given or that a period of grace or
time elapse shall have occurred and be continuing.
0. The Public Entity has supplied to the State Entity all other items that the State
Entity may reasonably require.
Article VII
MISCELLANEOUS
Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership
interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the
full insurable value thereof(i) by self insuring under a program of self insurance legally adopted,
maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance
and fire and extended coverage insurance with a deductible in an amount acceptable to the State
Entity under which the State Entity and the Public Entity are named as loss payees. If damages
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which are covered by such required insurance occur, then the Public Entity shall, at its sole
option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or
partially repair such damage and to provide or cause to be provided whatever additional funds
that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in
the damaged Facility and portion of the Real Property associated therewith in accordance with
the provisions contained in Section 4.01.
If the Public Entity elects to only partially repair such damage, then the portion of the
insurance proceeds not used for such repair shall be applied in accordance with the provisions
contained in Section 4.02 as if the Public Entity's ownership interest in the Real Property and
Facility had been sold, and such amounts shall be credited against the amounts due and owing
under Section 4.02 upon the ultimate sale of the Public Entity's ownership interest in the Real
Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged
Facility and portion of the Real Property associated therewith, then such sale must occur within a
reasonable time period from the date the damage occurred and the cumulative sum of the
insurance proceeds plus the proceeds of such sale must be applied in accordance with the
provisions contained in Section 4.02, with the insurance proceeds being so applied within a
reasonable time period from the date they are received by the Public Entity.
The State Entity agrees to and will assign or pay over to the Public Entity all insurance
proceeds it receives so that the Public Entity can comply with the requirements that this Section
imposes thereon as to the use of such insurance proceeds.
If the Public Entity elects to maintain general comprehensive liability insurance regarding
the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity
named as an additional named insured therein.
The Public Entity may require a Counterparty to provide and maintain any or all of the
insurance required under this Section; provided that the Public Entity continues to be responsible
for the providing of such insurance in the event that the Counterparty fails to provide or maintain
such insurance.
At the written request of either the State Entity or the Commissioner of MMB, the Public
Entity shall promptly furnish to the requesting entity all written notices and all paid premium
receipts received by the Public Entity regarding the required insurance, or certificates of
insurance evidencing the existence of such required insurance.
If the Public Entity fails to provide and maintain the insurance required under this Section,
then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an
equivalent nature, and any funds expended by the State Entity to obtain or maintain such
insurance shall be due and payable on demand by the State Entity and bear interest from the date
of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate
allowed by law or 18% per annum based upon a 365-day year. Provided, however, nothing
contained herein, including but not limited to this Section, shall require the State Entity to obtain
or maintain such insurance, and the State Entity's decision to not obtain or maintain such
insurance shall not lessen the Public Entity's duty to obtain and maintain such insurance.
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Section 7.02 Condemnation. If after the Public Entity has acquired the ownership
interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable,
Facility is condemned to an extent that the Public Entity can no longer comply with the
provisions contained in Section 2.04, then the Public Entity shall, at its sole option and
discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in
additional real property needed for the Public Entity to continue to comply with the provisions
contained in Section 2.04 and, if applicable, to fully or partially restore the Facility, and to
provide or cause to be provided whatever additional funds that may be needed for such purposes,
or (ii) sell the remaining portion of its ownership interest in the Real Property and, if applicable,
Facility in accordance with the provisions contained in Section 4.01. Any condemnation
proceeds which are not used to acquire an interest in additional real property or to restore, if
applicable, the Facility shall be applied in accordance with the provisions contained in Section
4.02 as if the Public Entity's ownership interest in the Real Property and, if applicable, Facility
had been sold, and such amounts shall be credited against the amounts due and owing under
Section 4.02 upon the ultimate sale of the Public Entity's ownership interest in the remaining
Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest
in the portion of the Real Property and, if applicable, Facility that remains after the
condemnation, then such sale must occur within a reasonable time period from the date the
condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds
of such sale must be applied in accordance with the provisions contained in Section 4.02, with
the condemnation proceeds being so applied within a reasonable time period from the date they
are received by the Public Entity.
As recipient of any of condemnation awards or proceeds referred to herein, the State Entity
agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation
awards or proceeds it receives so that the Public Entity can comply with the requirements that
this Section imposes upon the Public Entity as to the use of such condemnation awards or
proceeds.
Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i)
keep the Real Property and, if applicable, Facility, in good condition and repair, subject to
reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike
manner any building or other improvement which may be constructed on the Real Property and
promptly restore in like manner any portion of the Facility, if applicable, which may be damaged
or destroyed thereon and pay when due all claims for labor performed and materials furnished
therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions
and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part
thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting
grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v)
comply with the provisions of any Real Property/Facility Lease if the Public Entity's ownership
interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with
the provisions of any easement if its ownership interest in the Real Property and, if applicable,
Facility is by way of such easement, and (vii) comply with the provisions of any condominium
documents and any applicable reciprocal easement or operating agreements if the Real Property
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and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement
or use contract.
The Public Entity shall not, without the written consent of the State Entity and the
Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable,
Facility, for any purpose other than the purposes specified in Section 2.04, (b)remove, demolish
or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as
may be required by laws, ordinances or regulations or such other alterations as may improve such
Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to
be used to operate the State Program thereon or therein, (c) do any act or thing which would
unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon
the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of
the Real Property or, if applicable, Facility, (f)remove any fixtures or personal property from the
Real Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant
unless the same are immediately replaced with like property of at least equal value and utility, or
(g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable,
Facility, in violation of any law, ordinance or regulation.
If the Public Entity fails to maintain the Real Property and, if applicable, Facility in
accordance with the provisions contained in this Section, then the State Entity may perform
whatever acts and expend whatever funds that are necessary to so maintain the Real Property
and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State
Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to
necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or
funds expended by the State Entity hereunder shall be at its sole option and discretion, and
nothing contained herein, including but not limited to this Section, shall require the State Entity
to take any action, incur any expense, or expend any funds, and the State Entity shall not be
responsible for or liable to the Public Entity or any other entity for any such acts that are
undertaken and performed in good faith and not in a negligent manner. Any funds expended by
the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if
applicable, Facility shall be due and payable on demand by the State Entity and bear interest from
the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest
rate allowed by law or 18%per annum based upon a 365 day year.
Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or
cause to be maintained books, records, documents and other evidence pertaining to the costs or
expenses associated with the Project and operation of the Real Property and, if applicable,
Facility needed to comply with the requirements contained in this Agreement, the G.O.
Compliance Legislation, the Commissioner's Order, and the State Program Enabling Legislation,
and upon request shall allow or cause the entity which is maintaining such items to allow the
State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or
the State Auditor for the State of Minnesota,to inspect, audit, copy, or abstract, all of such items.
The Public Entity shall use or cause the entity which is maintaining such items to use generally
accepted accounting principles in the maintenance of such items, and shall retain or cause to be
retained(i) all of such items that relate to the Project for a period of 6 years from the date that the
Project is fully completed and placed into operation, and (ii) all of such items that relate to the
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operation of the Real Property and, if applicable, Facility for a period of 6 years from the date
such operation is initiated.
Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity
and without interfering with the normal use of the Real Property and, if applicable, Facility, the
Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a
Use Contract for any portion of the Real Property and, if applicable, Facility to allow the State
Entity to inspect the Real Property and, if applicable,Facility.
Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it
possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if
applicable, Facility, to comply with all of the provisions and restrictions contained in the
Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes
that exists as of the date of this Agreement and as such may subsequently be amended, modified
or replaced from time to time.
Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in
discriminatory employment practices regarding the Project, or operation or management of the
Real Property and, if applicable, Facility, and it shall,with respect to such activities, fully comply
with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that
exist as of the date of this Agreement and as such may subsequently be amended, modified or
replaced from time to time.
Section 7.08 Worker's Compensation. The Public Entity agrees to comply with all of
the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181, subd. 2
and 176.182, as they may be amended, modified or replaced from time to time, with respect to
the Project and the operation or management of the Real Property and, if applicable,Facility.
Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and
the Commissioner of MMB all claims it may have for overcharges as to goods or services
provided with respect to the Project, and operation or management of the Real Property and, if
applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United
States of America.
Section 7.10 Review of Plans and Cost Estimates. The Public Entity agrees to comply
with all applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it
may be amended, modified or replaced from time to time, for the Project, and in accordance
therewith the Public Entity agrees to comply with the following provisions and requirements if
such provisions and requirements are applicable.
A. The Public Entity shall provide all information that the State Entity may request
in order for the State Entity to determine that the Project will comply with the provisions
and requirements contained in Minn. Stat. § J 6B•335, as it may be amended, modified or
replaced from time to time.
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B. Prior to its proceeding with design activities for the Project the Public Entity
shall prepare a predesign package and submit it to the Commissioner of Administration for
the State of Minnesota for review and comment. The predesign package must be sufficient
to define the purpose, scope, cost, and projected schedule for the Project, and must
demonstrate that the Project has been analyzed according to appropriate space and needs
standards. Any substantial changes to such predesign package must be submitted to the
Commissioner of Administration for the State of Minnesota for review and comment.
C. If the Project includes the construction of a new building, substantial addition to
an existing building, a substantial change to the interior configuration of an existing
building, or the acquisition of an interest in land, then the Public Entity shall not prepare
final plans and specifications until it has prepared a program plan and cost estimates for all
elements necessary to complete the Project and presented them to the Chairs of the
Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways
and Means Committee and the chairs have made their recommendations, and it has notified
the Chair and Ranking Minority Member of the Minnesota House of Representatives
Capital Investment Committee and the Chair and Ranking Minority Member of the
Minnesota State Senate Capital Investment Committee. The program plan and cost
estimates must note any significant changes in the work to be performed on the Project, or
in its costs, which have arisen since the appropriation from the legislature for the Project
was enacted or which differ from any previous predesign submittal.
D. The Public Entity must notify the Chairs and Ranking Minority Members of the
Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota
House of Representatives Capital Investment and Ways and Means Committees of any
significant changes to the program plan and cost estimates referred to in Section 7.10.C.
E. The program plan and cost estimates referred to in Section 7.10.0 must ensure
that the Project will comply with all applicable energy conservation standards contained in
law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or
replaced from time to time, and all rules adopted thereunder.
F. If any of the Program Grant is to be used for the construction or remodeling of
the Facility, then both the predesign package referred to in Section 7.10.B and the program
plan and cost estimates referred to in Section 7.10.0 must include provisions for cost-
effective information technology investments that will enable the occupant of the Facility to
reduce its need for office space,provide more of its services electronically, and decentralize
its operations.
G. If the Project does not involve the construction of a new building, substantial
addition to an existing building, substantial change to the interior configuration of an
existing building, or the acquisition of an interest in land, then prior to beginning work on
the Project the Public Entity shall just notify the Chairs and Ranking Minority Members of
the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota
House of Representatives Capital Investment and Ways and Means Committees that the
work to be performed is ready to begin.
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H. The Project must be: (i) substantially completed in accordance with the program
plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the
time schedule contained in the program plan referred to in Section 7.10.C, and (iii)
completed within the budgets contained in the cost estimates referred to in Section 7.10.C.
Provided, however, the provisions and requirements contained in this Section only apply to
public lands or buildings or other public improvements of a capital nature, and shall not apply to
the demolition or decommissioning of state assets, hazardous material projects, utility
infrastructure projects, environmental testing, parking lots, parking structures, park and ride
facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting,
fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or
heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams,
floodwater retention systems, water access sites, harbors, sewer separation projects, water and
wastewater facilities, port development projects for which the Commissioner of Transportation
for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04,
as it may be amended, modified or replaced from time to time, ice centers, local government
projects with a construction cost of less than $1,500,000.00, or any other capital project with a
construction cost of less than $750,000.00.
Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the
applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those
provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended,
modified or replaced from time to time with respect to the Project and the operation of the State
Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision,the
Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or
the operation of the State Program on or in the Real Property and, if applicable,Facility.
Section 7.12 Liability. The Public Entity and the State Entity agree that they will,
subject to any indemnifications provided herein, be responsible for their own acts and the results
thereof to the extent authorized by law, and they shall not be responsible for the acts of the other
party and the results thereof. The liability of the State Entity and the Commissioner of MMB is
governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or
replaced from time to time. If the Public Entity is a "municipality" as such term is used in
Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such
may subsequently be amended, modified or replaced from time to time, then the liability of the
Public Entity, including but not limited to the indemnification provided under Section 7.13, is
governed by the provisions contained in such Chapter 466.
Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all
loss, expense (including attorneys' fees), and damage in connection with the Project and
operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold
harmless the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents,
servants and employees from all claims, demands and judgments made or recovered against the
State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and
employees, because of bodily injuries, including death at any time resulting therefrom, or
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because of damages to property of the State Entity, the Commissioner of MMB, or the State of
Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental
to, or in connection with the Project or operation of the Real Property and, if applicable, Facility,
whether or not due to any act of omission or commission, including negligence of the Public
Entity or any contractor or his or their employees, servants or agents, and whether or not due to
any act of omission or commission (excluding, however, negligence or breach of statutory duty)
of the State Entity, the Commissioner of MMB, or the State of Minnesota, their employees,
servants or agents.
The Public Entity further agrees to indemnify, save, and hold the State Entity, the
Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from
all claims arising out of, resulting from, or in any manner attributable to any violation by the
Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees,
or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees
and disbursements paid or incurred to enforce the provisions contained in Section 7.06.
The Public Entity's liability hereunder shall not be limited to the extent of insurance carried
by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance
policy.
Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is
intended or should be construed in any manner as creating or establishing the relationship of co-
partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of
MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or
employee of the State Entity, the Commissioner of MMB, or the State of Minnesota in the
performance of this Agreement, the Project, or operation of the Real Property and, if applicable,
Facility.
The Public Entity represents that it has already or will secure or cause to be secured all
personnel required for the performance of this Agreement and the Project, and the operation and
maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity
or other persons while engaging in the performance of this Agreement, the Project, or the
operation and maintenance of the Real Property and, if applicable, Facility shall not have any
contractual relationship with the State Entity, the Commissioner of MMB, or the State of
Minnesota, and shall not be considered employees of any of such entities. In addition, all claims
that may arise on behalf of said personnel or other persons out of employment or alleged
employment including, but not limited to, claims under the Workers' Compensation Act of the
State of Minnesota, claims of discrimination against the Public Entity, its officers, agents,
contractors, or employees shall in no way be the responsibility of the State Entity, the
Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not
require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the
State Entity, the Commissioner of MMB, or the State of Minnesota including, but not limited to,
tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance
pay and retirement benefits.
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Section 7.15 Notices. In addition to any notice required under applicable law to be given
in another manner, any notices required hereunder must be in writing and shall be sufficient if
personally served or sent by prepaid, registered, or certified mail (return receipt requested),to the
business address of the party to whom it is directed. Such business address shall be that address
specified below or such different address as may hereafter be specified,by either party by written
notice to the other:
To the Public Entity at:
«13»
«13»
«13» ,MN«13»
Attention: «13»
To the State Entity at:
«14»
«14»
«14» ,MN«14»
Attention: «14»
To the Commissioner of MMB at:
Minnesota Department of Management and Budget
400 Centennial Office Bldg.
658 Cedar St.
St. Paul,MN 55155
Attention: Commissioner
Section 7.16 Binding Effect and Assignment or Modification. This Agreement and
the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State
Entity, and their respective successors and assigns. Provided, however, that neither the Public
Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the
Declaration without the prior written consent of the other party. No change or modification of
the terms or provisions of this Agreement or the Declaration shall be binding on either the Public
Entity or the State Entity unless such change or modification is in writing and signed by an
authorized official of the party or against which such change or modification is to be imposed.
Section 7.17 Waiver. Neither the failure by the Public Entity, the State Entity, or the
Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more
instances to insist upon the complete and total observance or performance of any term or
provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner of
MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy
conferred hereunder or afforded by law shall be construed as waiving any breach of such term,
provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no
delay on the part of the Public Entity, the State Entity, or the Commissioner of MMB, as a third
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party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as
a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or
further exercise thereof or the exercise of any other right or remedy.
Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents,
if any, referred to and incorporated herein by reference embody the entire agreement between the
Public Entity and the State Entity, and there are no other agreements, either oral or written,
between the Public Entity and the State Entity on the subject matter hereof.
Section 7.19 Choice of Law and Venue. All matters relating to the validity,
construction, performance, or enforcement of this Agreement or the Declaration shall be
determined in accordance with the laws of the State of Minnesota. All legal actions initiated
with respect to or arising from any provision contained in this Agreement shall be initiated, filed
and venued in the State of Minnesota District Court located in the City of St. Paul, County of
Ramsey, State of Minnesota.
Section 7.20 . Severability. If any provision of this Agreement is finally judged by any
court to be invalid, then the remaining provisions shall remain in full force and effect and they
shall be interpreted,performed, and enforced as if the invalid provision did not appear herein.
Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters
contained in this Agreement.
Section 7.22 Counterparts. This Agreement may be executed in any number of
counterparts, each of which when so executed and delivered shall be an original, but such
counterparts shall together constitute one and the same instrument.
Section 7.23 Matching Funds. The Public Entity must obtain and supply the following
matching funds, if any, for the Project:
(If there are no matching funds requirements then insert the word"NONE")
«15»
Any matching funds which are intended to meet the above requirements must either be in the
form of(i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or
contributions, including equity, which have been or will be used to pay for the Project. The
Public Entity shall supply to the Commissioner of MMB whatever documentation the
Commissioner of MMB may request to substantiate the availability and source of any matching
funds, and the source and terms relating to all matching funds must be consented to, in writing,
by the Commissioner of MMB.
Generic GO Bond Proceeds 33 Ver—6/30/14
Grant Agreement for Program End Grants
90
Section 7.24 Source and Use of Funds. The Public Entity represents to the State Entity
and the Commissioner of MMB that Attachment III is intended to be and is a source and use of
funds statement showing the total cost of the Project and all of the funds that are available for the
completion of the Project, and that the information contained in such Attachment III correctly
and accurately delineates the following information.
A. The total cost of the Project detailing all of the major elements that make up
such total cost and how much of such total cost is attributed to each such major element.
B. The source of all funds needed to complete the Project broken down among the
following categories:
(i) State funds including the Program Grant, identifying the source and
amount of such funds.
(ii) Matching funds, identifying the source and amount of such funds.
(iii) Other funds supplied by the Public Entity, identifying the source and
amount of such funds.
(iv) Loans, identifying each such loan, the entity providing the loan, the
amount of each such loan, the terms and conditions of each such loan, and
all collateral pledged for repayment of each such loan.
(v) Other funds, identifying the source and amount of such funds.
C. Such other financial information that is needed to correctly reflect the total
funds available for the completion of the Project, the source of such funds and the expected
use of such funds.
Previously paid project expenses that are to be reimbursed and paid from proceeds of the
Program Grant may only be included as a source of funds and included in Attachment III if such
items have been approved, in writing, by the Commissioner of MMB.
If any of the funds included under the source of funds have conditions precedent to the
release of such funds, then the Public Entity must provide to the State Entity and the
Commissioner of MMB a detailed description of such conditions and what is being done to
satisfy such conditions.
The Public Entity shall also supply whatever other information and documentation that the
State Entity or the Commissioner of MMB may request to support or explain any of the
information contained in Attachment III.
The value of the Public Entity's ownership interest in the Real Property and, if applicable,
Facility should only be shown in Attachment III if such ownership interest is being acquired
and paid for with funds shown in such Attachment III, and for all other circumstances such
value should be shown in the definition for Ownership Value in Section 1.01 and not included in
such Attachment III.
Generic GO Bond Proceeds 34 Ver—6/30/14
Grant Agreement for Program End Grants
91
The funds shown in Attachment III and to be supplied for the Project may, subject to any
limitations contained in the State Program Enabling Legislation, be provided by either the Public
Entity or a Counterparty under a Use Contract.
Section 7.25 Third-Party Beneficiary. The State Program will benefit the State of
Minnesota and the provisions and requirements contained herein are for the benefit of both the
State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its
Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement.
Section 7.26 Public Entity Tasks. Any tasks that this Agreement imposes upon the
Public Entity may be performed by such other entity as the Public Entity may select or designate,
provided that the failure of such other entity to perform said tasks shall be deemed to be a failure
to perform by the Public Entity.
Section 7.27 State Entity and Commissioner Required Acts and Approvals. The
State Entity and the Commissioner of MMB shall not (i) perform any act herein required or
authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is
required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval
that is required of it herein.
Section 7.28 Applicability to Real Property and Facility. This Agreement applies to
the Public Entity's ownership interest in the Real Property and if a Facility exists to the Facility.
The term "if applicable" appearing in conjunction with the term "Facility" is meant to indicate
that this Agreement will apply to a Facility if one exists, and if no Facility exists then this
Agreement will only apply to the Public Entity's ownership interest in the Real Property.
Section 7.29 E-Verification. The Public Entity agrees and acknowledges that it is aware
of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to
confirm that such employees are legally entitled to work in the United States, and that it will, if
and when applicable, fully comply with such statute and impose a similar requirement in any Use
Contract to which it is a party.
Section 7.30 Jobs Reporting Requirements. Pursuant to Minn. Stat. § 16A.633,
Subd. 4,the Public Entity shall collect, maintain and,upon completion of the Project,provide the
information indicated in Attachment V of this Agreement, to the Commissioner of MMB. The
information must include, but is not limited to, the following: the number and types of jobs
created by the Project, whether the jobs are new or retained, where the jobs are located and the
pay ranges of the jobs.
Section 7.31 Additional Requirements. The Public Entity and the State Entity agree to
comply with the following additional requirements. In the event of any conflict or inconsistency
between the following additional requirements and any other provisions or requirement contained
in this Agreement,the following additional requirements contained in this Section shall control.
(If there are no additional requirements then insert the word"NONE")
Generic GO Bond Proceeds 35 Ver—6/30/14
Grant Agreement for Program End Grants
92
American-Made Steel. Minnesota Laws 2014, Chapter 294, Article 2, Section 22,requires
public entities receiving an appropriation of public money for a project in that act to ensure those
facilities are built with American-made steel, to the extent practicable. The Public Entity shall
comply with this requirement, and shall furnish any documentation pursuant thereto reasonably
requested by the State Entity.
«16»
[THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
Generic GO Bond Proceeds 36 Ver—6/30/14
Grant Agreement for Program End Grants
93
IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this
General Obligation Bond Proceeds Grant Agreement End Grant for the _
«1» Project under the «2» Program on the day and date
indicated immediately below their respective signatures.
PUBLIC ENTITY:
«4»
a «5»
By:
«17»
Its: «18»
Dated:
And:
«19»
Its: «20»
Dated:
STATE ENTITY:
«5»
By:
«21»
Its: «22»
Dated:
Generic GO Bond Proceeds 37 Ver—6/30/14
Grant Agreement for Program End Grants
94
Attachment I to Grant Agreement
State of Minnesota
General Obligation Bond Financed
DECLARATION
The undersigned has the following interest in the real property located in the County of
, State of Minnesota that is legally described in Exhibit A attached and all
facilities situated thereon (collectively,the "Restricted Property"):
(Check the appropriate box.)
a fee simple title,
Ela lease, or
Elan easement,
and as owner of such fee title, lease or easement, does hereby declare that such interest in the
Restricted Property is hereby made subject to the following restrictions and encumbrances:
A. The Restricted Property is bond financed property within the meaning of Minn. Stat. §
16A.695, is subject to the encumbrance created and requirements imposed by such
statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without
the approval of the Commissioner of Minnesota Management and Budget, which
approval must be evidenced by a written statement signed by said commissioner and
attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise
dispose of the Restricted Property; and
B. The Restricted Property is subject to all of the terms, conditions, provisions, and
limitations contained in that certain [Insert title of the general obligation grant
ggreement1 between and , dated
The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond
Financed Declaration for 125%of the useful life of the Restricted Property or until the Restricted
Property is sold with the written approval of the Commissioner of Minnesota Management and
Budget, at which time it shall be released therefrom by way of a written release in recordable
form signed by both the Commissioner of [Insert the name of the State Entity that provided
the grant] and the Commissioner of Minnesota Management and Budget, and such written
release is recorded in the real estate records relating to the Restricted Property. This Declaration
may not be terminated, amended, or in any way modified without the specific written consent of
the Commissioner of Minnesota Management and Budget.
(SIGNATURE BLOCK, ACKNOWLEDGMENTS, AND STATEMENT AS TO WHOM IT
WAS DRAFTED BY.)
Generic GO Bond Proceeds 38 Ver—6/30/14
Grant Agreement for Program End Grants
95
Exhibit A to Declaration
LEGAL DESCRIPTION OF RESTRICTED PROPERTY
Generic GO Bond Proceeds 39 Ver—6/30/14
Grant Agreement for Program End Grants
96
Attachment II to Grant Agreement
LEGAL DESCRIPTION OF REAL PROPERTY
«23»
Generic GO Bond Proceeds 40 Ver—6/30/14
Grant Agreement for Program End Grants
97
Attachment III to Grant Agreement
SOURCE AND USE OF FUNDS FOR THE PROJECT
Source of Funds Use of Funds
Identify Source of Funds Amount Identify Items Amount
State
G.O. Funds Ownership Acquisition
ProgramGrant..................................................... $ and Other Items Paid for. .....,........_..__._...._._._.__......_.-..........._.
with Program Grant.Funds _._....._.._._.._..._...-._.,_._..,..,___._...
Other State Funds Purchase of Ownership $
Interest
$ Other Items of a Capital
ital
i
i $ Nature
Subtotal......................................................................................,.,.._.....1 $ i._$
Matching Funds....................... $
$ Subtotal. ._ ....._......................_.. .... ... .._. $
Subtotal $ Items Paid for with
Non-Program Grant Funds
Other Public Entity Funds
..........
Subtotal Subtotal $
Loans
; $
$
Subtotal $
Other Funds
$
Subtotal
Prepaid Project Expenses
Subtotal
TOTAL FUNDS $ TOTAL PROJECT COSTS I $
Generic GO Bond Proceeds 41 Ver—6/30/14
Grant Agreement for Program End Grants
98
Attachment IV to Grant Agreement
GRANT APPLICATION
«24»
Generic GO Bond Proceeds 42 Ver—6/30/14
Grant Agreement for Program End Grants
99
Attachment V to Grant Agreement
JOBS REPORTING
(a) Pursuant to Minn. Stat. Sec. 16A.633, subd. 4, State Entity is required to report the
number of jobs created or retained by the Project. To enable State Entity to comply with Minn.
Stat. Sec. 16A.633, subd. 4, the Public Entity is required to report the number of jobs created or
retained by the Project to State Entity as set forth below.
(b) The Public Entity shall require all of its contractors to report the information below to
the Public Entity. The Public Entity shall then report to State Entity. Information can be recorded
by State Entity in an Excel document that can be downloaded into the report by Minnesota
Management and Budget. Each report must contain the following:
(1) The name of the Project.
(2) The State Entity's contract number, if applicable.
(3) Reporting period. The appropriate biennium is to be selected.
(4) The Agency Number. This will complete the next column with Agency
Name.
(5) Legal Citation for the Authorization.
(6) Department ID responsible for the Project.
(7) The Appropriation for the Project.
(8) The Appropriation Amount.
(9) Project Start Date.
(10) Project Completion Date.
(11) The County where the Project is located or, if it is located in more than
one county,where it is primarily located.
(12) Funding Source for Project. The selection will be Trunk Highway Bonds,
General Obligation Bonds or General Fund.
(13) Job Type. Jobs should be classified as either (i) engineering/professional,
(ii) construction, or (iii) other. Manager and supervisor jobs shall be
classified as category (i), (ii) or(iii) based on the nature of the work those
individuals spent the majority of their time overseeing.
(14) Hourly Wages. Jobs should be classified according to the hourly pay
ranges below. Overhead or indirect costs or the value of pensions or other
benefits should not be included in wages.
(i) less than$10.00,
(ii) $10.01 to $15.00,
(iii) $15.01 to $20.00,
(iv) $20.01 to $25.00,
(v) $25.01 to $30.00,
(vi) $30.01 to $35.00,
(vii) $35.01 to $40.00, or
(viii) more than$40.00.
Generic GO Bond Proceeds 43 Ver—6/30/14
Grant Agreement for Program End Grants
100
(15) Jobs.
a. Jobs should be classified as either(i)jobs created or(ii)jobs retained;they
will not be counted as both. A "job created" is a new position created and
filled, or an existing unfilled position that is filled, because of the Project.
A "job retained" means a job at a specific wage level that existed prior to
beginning the Project that would have been lost but for the Project. Only
jobs in Minnesota should be counted.
b. Jobs should be expressed in "full-time equivalents" (FTE). In calculating
an FTE, the number of hours worked during the Reporting Period should
be divided by 2,080 (the number of hours representing a full work
schedule in a Reporting Period). Jobs should be reported regardless of
when the Project or an individual's employment began or ended. Jobs are
to be calculated based on hours worked in the current Reporting Period
only, so that reporting is not cumulative.
c. Jobs should not be separated into full-time, part-time, temporary, seasonal,
etc. Instead, all hours should be totaled and converted into FTEs as
indicated above.
(c) Each contractor will report its workforce and the workforce of its subcontractors
active during the Reporting Period. This includes employees actively engaged in the Project who
work on the jobsite, in the Project office, in the home office or telecommute from home or other
alternative office location. This includes, but is not limited to, any engineering personnel,
inspectors, sampling and testing technicians, and lab technicians performing work directly in
support of the Project. This does not include material suppliers such as steel, culverts, guardrail
and tool suppliers. Only hours that relate to time spent on the Project should be reported.
(d) The Public Entity must incorporate these reporting requirements into its contracts
with its contractors (in part so that contractors can add the requirements to their contracts with
subcontractors and impose deadlines on reporting by subcontractors).
(e) To distinguish the jobs reported by contractors that were funded by the Grant, the
Public Entity must multiply the job numbers reported by each contractor in each category above
by the percentage of total Project costs funded by the Grant (e.g., if the Grant was 40% of total
Project costs, the Public Entity should multiply the jobs numbers given in each category by 40%
to arrive at the number of jobs funded by the Grant) and it is those numbers that should be
reported to State Entity.
Generic GO Bond Proceeds 44 Ver—6/30/14
Grant Agreement for Program End Grants
101
MI AGENDA ITEM
' ey CITY COUNCIL MEETING OF OCTOBER 24, 2016
DATE: October 20, 2016
TO: Wally Wysopal, City Manager ..‘e,.7-.
FROM: Julianne Beberg, Planning Assistant
SUBJECT: Proposed 2017, 60 Day Agency Action Dates for Planning and Appeals Commission
Meeting Dates
Attached are the following dates for your review and approval of the proposed 2017, 60 Day Agency
Action dates for the Planning and Appeals Commission meeting dates.
102
: :. ,1.., ,. ! . .
City of Fridley Planning
2017 Development Review Schedule for
,� ,/it rie*t7- Planning Commission and City Council Action
City Council meeting dates are contingent upon the outcome of the Planning Commission meetings.
Planning Commission meetings start at 7:00 p.m. and City Council meetings start at 7:00 p.m.
*Different date due to Holiday
** Date subject to change
Application Deadline December 16,2016
15.E etio ;N " ation,,. , rz Wx "30r ,
Publication Deadline December 30,2016
.,.m nkNe,," _ " r .. �. ,. _ , x . _... ,
City Council Meeting January 30,2017
b tcyA t ,.aijt7 Y tri
,.... w..N„ rasion ,�� "ftp'„ .. oa ,. �."„ ..il u. .:��"�" ,�,"< ,ray �;,f. '��... r ....�..:"v�'.
t : r
Application Deadline January 13,2017
'oi15,, Com-----,-,4, ,mor x' .;, u, , .27,, rme
Publication Deadline January 27,2017
P1001ni1 C fission .. n t", br 15 7 x
City Council Meeting February 27,2017
� � ry V ';
3 �` fie. 1 3 A
6i ay Agency Awn. t 7
Application Deadline February 10,2017
Publication Deadline February 24,2017
City Council Meeting March 27,2017
�� x - 4 i
� g �
6v� r m. g,, y,. a � g . t', r ' _ tak i r s l s
gMl
41
Application Deadline March 17,2017
Publication Deadline March 31,2017
Planning ss n Me 1: ,.:. .r l ,3 , . .�"� s.. .r e.r,.. "a-�, s
City Council Meeting May 8,2017
60 Day t 4M x ` s ayy ",
e
R." P,ay�. fs.,. _ R ,f,,,," ., r;.,i"4 :- t v- , s , ,,. s. -y y itpte
103
City of Fridley
2017 Development Review Schedule for
Planning Commission and City Council Action -Page 2
City Council meeting dates are contingent upon the outcome of the Planning Commission meetings.
Planning Commission meetings start at 7:00 p.m. and City Council meetings start at 7:00 p.m.
*Different date due to Holiday
** Date subject to change
Application Deadline April 14,2017
Publication Deadline April 28,2017
City Council Meeting June 12,2017
4 4. ➢
Application Deadline May 19,2017
' ssas $ a s xa€ ¢ age f s
Publication Deadline June 2,2017
City Council Meeting July 10,2017
Application Deadline June 16,2017
Publication Deadline June 30,2017
City Council Meeting August 14,2017
xnf. ....,r....„. ,. ...,,.. �' d e
iY i j
4i � ,tggs�� .iztJ . , a . ..
Application Deadline July 14,2017
” wl ny e a mag a .� x .;
MitgemgeliggragiftgE
Publication Deadline July 28,2017
Philp I �� !� � ,'4 , d , �
Y 3
eY�`...,>�.,n, fes- ..<mom ,eam artn ,- n .!... - - � .. _
City Council Meeting September 11,2017
104
•
City of Fridley
2017 Development Review Schedule for
Planning Commission and City Council Action—Page 3
City Council meeting dates are contingent upon the outcome of the Planning Commission meetings.
Planning Commission meetings start at 7:00 p.m. and City Council meetings start at 7:00 p.m.
*Different date due to Holiday
** Date subject to change
Application Deadline August 18,2017
Publication Deadline September 1,2017
� s p
City Council Meeting October 9,2017
RR:.�� fl 3r•Y'S /f J 6 4"i 'fi �� t 8{,.: �" -z z �'szc✓�3� d _ y ,j _ .
Application Deadline September 15,2017
rayl � x •
Publication Deadline September 29, 2017
ung ffio n meting. 2 1T "
City Council Meeting November 13, 2017
X60--
Application Deadline October 13,2017
,':,�^,^" � d ..nk a� pab g��'a,dp , �,.,�z✓i Ig
Publication Deadline October 27,2017
m ke
City Council Meeting December 11,2017
Application Deadline November 17,2017
Publication Deadline December 1,2017
City Council Meeting January 8,2018**
} a
105
Appeals
City of Fridley
2017 Development Review Schedule for
;/ ,� , �- *., Appeals Commission and City Council Action
City Council meeting dates are contingent upon the outcome of the Appeals Commission meetings.
Appeals Commission meetings start at 7:00 p.m. and City Council meetings start at 7:00 p.m.
*Different date due to Holiday
** Date subject to change
Application Deadline December 2,2016
Appeals Commission Meeting January 4,2017
60 Day Agency Action January 30,2017
Application Deadline December 30,2016
Appeals Commission Meeting February 1,2017
1 c` _ ,.,r., a .ds"' ., .. ,.. ac xF -t 'aim,? z ✓ ,n
60 Day Agency Action February 27,2017
Application Deadline January 27,2017
15 Day Corlett`No'ticr1
Appeals Commission Meeting March 1, 2017
City; cil "
60 Day Agency Action March 27,2017
Application Deadline March 3,2017
:4#041:441,,: n
Appeals Commission Meeting April 5,2017
60 Day Agency Action May 1,2017
Application Deadline March 31,2017
.. .. _,.,.. A.ex.. .,.w -. .., s..- i ..,,..., a... r���ti s,✓X, -�.._ i .r. N n a -- .. .,i. , M1P ..
Appeals Commission Meeting May 3,2017
60 Day Agency Action May 30,2017*
Application Deadline May 5,2017
•
Appeals Commission Meeting June 7, 2017
60 Day Agency Action July 5,2017*
106
City of Fridley
2017 Development Review Schedule for
Appeals Commission and City Council Action-Page 2
City Council meeting dates are contingent upon the outcome of the Appeals Commission meetings.
Appeals Commission meetings start at 7:00 p.m. and City Council meetings start at 7:00 p.m.
*Different date due to Holiday
** Date subject to change
• No Appeals Commission Meeting July 5,2017.
Application Deadline June 30,2017
1
Appeals Commission Meeting August 2,2017
. u .M. ... `
,, t
60 Day Agency Action August 28,2017
Application Deadline August 4,2017
Appeals Commission Meeting September 6,2017
,"1
60 Day Agency Action October 2,2017
Application Deadline September 1,2017
'1 . 44,3 oto
Appeals Commission Meeting October 4,2017
-= � � ;;,
60 Day Agency Action October 30,2017
Application Deadline October 13,2017
Appeals Commission Meeting November 1,2017
r
,,P-
60 Day Agency Action December 11,2017
Application Deadline November 3,2017
0 On
Appeals Commission Meeting December 6,2017
60 Day Agency Action January 2,2018
107
AGENDA ITEM
frAJJ.Ftiordiey
COUNCIL MEETING OF OCTOBER 24, 2016
CLAIMS
CLAIMS
174370 - 174528
108
Claims Council 10/24/16
City of Fridley, MN By Vendor Name
Fridlc1'
Payment Dates 10/10/2016- 10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:000370-000370 FRIDLEY HLTH REIMB
254 10/19/2016 INV0010857 CITY OF FRIDLEY HLTH REIMB 101-213150 HRA/Veba&HSA Benefit-Heal... 1,200.00
PL#10129454
Vendor 000370-000370 FRIDLEY HLTH REIMB Total: 1,200.00
Vendor:12752-ACOUSTICS ASSOCIATES,INC
174523 10/20/2016 INV0010956 SNC PROJ FINAL RETAINAGE 407-3172-701100 CIP Parks/Building 2,033.45
Vendor 12752-ACOUSTICS ASSOCIATES,INC Total: 2,033.45
Vendor:10046-ADAM'S PEST CONTROL,INC
174454 10/20/2016 2452172 SEPT PEST CONTROL 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 47.00
Vendor 10046-ADAM'S PEST CONTROL,INC Total: 47.00
Vendor:10139-ANOKA COUNTY CENTRAL COMMUNICATIONS
174382 10/13/2016 2016090 OROMO TRANSLATION- 101-2110-631100 Police/Professional Services 17.51
LANGUAGE LINE
174382 10/13/2016 2016-307 AUGUST 2016 VERIZON 101-2110-633120 Police/Communication(phone... 656.20
WIRELESS 3G AND 4G
Im+ INTERNET
C 174382 10/13/2016 2016-316 STATE ACCESS FEE JULY 101-2110-633120 Police/Communication(phone... 1,080.00
AUGUST SEPTEMBER 2016
Vendor 10139-ANOKA COUNTY CENTRAL COMMUNICATIONS Total: 1,753.71
Vendor:10147-ANOKA COUNTY PROP RECORDS/TAXATION
174383 10/13/2016 INV0010758 FILING FEES#529 101-5112-635100 Planning/Services Contracted,... 46.00
Vendor 10147-ANOKA COUNTY PROP RECORDS/TAXATION Total: 46.00
Vendor:10148-ANOKA COUNTY SHERIFF'S OFFICE
174384 10/13/2016 INV0010753 ANOKA COUNTY RANGE 101-2110-635110 Police/Rentals 1,675.00
RENTAL SEPTEMBER 2016
Vendor 10148-ANOKA COUNTY SHERIFF'S OFFICE Total: 1,675.00
Vendor:10150-ANOKA COUNTY TREASURER
174385 10/13/2016 8161003K BROADBAND 101-1213-633120 IT/Comm(phones,postage,et... 400.00
174385 10/13/2016 B161003K BROADBAND 101-2510-633120 Fire/Communication(phones,... 150.00
174385 10/13/2016 B161003K BROADBAND 101-4150-633120 Sr Center/Communication 37.50
174385 10/13/2016 8161003K BROADBAND 270-4190-633120 SNC/Comm,(phones,postage,... 400.00
Vendor 10150-ANOKA COUNTY TREASURER Total: 987.50
Vendor:10159-APACHE PRINT INC
174386 10/13/2016 47426 PNP FLYERS PD THROUGH 270-4192-633110 SNC Spec Events/Printing&Bi... 1,524.69
GATEWAY
Vendor 10159-APACHE PRINT INC Total: 1,524.69
10/20;2016 4'03:08 PM Page 1 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:10160-APEX PRINT TECHNOLOGIES
174387 10/13/2016 211851 SEPT/AUG METER 601-6110-633120 Water Admin/Comm(phones,... 1,648.99
CARDS,WEBSITE
174387 10/13/2016 211851 SEPT/AUG METER 601-6110-633120 Water Admin/Comm(phones,... 769.41
CARDS,WEBSITE
174387 10/13/2016 211851 SEPT/AUG METER 601-6110-633120 Water Admin/Comm(phones,... 502.50
CARDS,WEBSITE
174387 10/13/2016 211851 SEPT/AUG METER 602-6110-633120 Sewer Admin/Comm(phones,... 812.19
CARDS,WEBSITE
174387 10/13/2016 211851 SEPT/AUG METER 602-6110-633120 Sewer Admin/Comm(phones,... 247.50
CARDS,WEBSITE
Vendor 10160-APEX PRINT TECHNOLOGIES Total: 3,980.59
Vendor:10163-APPRIZE TECHNOLOGY SOLUTIONS,INC
174388 10/13/2016 13069 SEPT ADMIN FEES 704-7130-631100 Self Ins/Professional Services 660.00
Vendor 10163-APPRIZE TECHNOLOGY SOLUTIONS,INC Total: 660.00
Vendor:10165-ARAMARK UNIFORM SERVICES
174455 10/20/2016 INV0010895 RUGS,TOWELS 101-3110-621110 Mun Ctr/Clothing/Laundry All... 263.67
174455 10/20/2016 INV0010895 RUGS,TOWELS 609-6910-621110 Lig Storel-Cub/Clothing/Laund.. 98.00
Vendor 10165-ARAMARK UNIFORM SERVICES Total: 361.67
Vendor:10178-ASPEN MILLS INC
174389 10/13/2016 187780 UNIFORM SHIRT-PICARD 101-2510-621110 Fire/Clothing/Laundry Allowan... 50.65
- 174456 10/20/2016 182499,188160 UNIFOMS 101-2510-621110 Fire/Clothing/Laundry Allowan... 67.50
G 174456 10/20/2016 182499,188160 UNIFOMS 101-2510-621110 Fire/Clothing/Laundry Allowan... 453.40
Vendor 10178-ASPEN MILLS INC Total: 571.55
Vendor:12795-B.K.B.M ENGINEERS
174446 10/13/2016 1016991 PROFESSIONAL SERVICES 407-3172-633100 CIP Parks/Advertising 1,000.00
SPRING PROJ
Vendor 12795-B.K.B.M ENGINEERS Total: 1,000.00
Vendor:10224-BATTERIES PLUS
174390 10/13/2016 028473842 BATTERY FOR UPS ALARM 602-6210-621140 Sewer Ops/Supplies for Repair... 23.95
Vendor 10224-BATTERIES PLUS Total: 23.95
Vendor:12498-BIRCH,INC
174442 10/13/2016 2008 REMOVE TREES FOR STORM 603-6210-635100 Storm Ops/Services Contracted.. 4,375.00
SEWER REPAIRS
Vendor 12498-BIRCH,INC Total: 4,375.00
Vendor:10265-BLACKSTONE CONTRACTORS,LLC
174457 10/20/2016 INV0010891 OAK GLEN CREEK PROJ EST#9 603-6310-702100 Storm CIP/Improvements othe... 2,000.00
Vendor 10265-BLACKSTONE CONTRACTORS,LLC Total: 2,000.00
Vendor:10266-BLAINE AREA PET HOSPITAL,PA
174391 10/13/2016 118260 K9 NITRO EXAM 101-2113-631100 K-9 Program/Professional Serv... 373.53
Vendor 10266-BLAINE AREA PET HOSPITAL,PA Total: 373.53
10120/2016 4.03'08 PPA Page 2 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:12706-BOARMAN KROOS VOGEL GROUP,INC
174521 10/20/2016 42442 PROF SERVICES CIVIC CAMPUS 405-3115-631100 Bldg CIP-MunCtr/Professional... 131,044.32
Vendor 12706-BOARMAN KROOS VOGEL GROUP,INC Total: 131,044.32
Vendor:10289-BOLTON&MENK,INC
174458 10/20/2016 195631.629,632 PROF SERVICES-SAFE RTS TO 406-3174-631100 CIP Streets/Professional Servic... 360.50
SCHL
174458 10/20/2016 195631.629,632 PROF SERVICES-STREET REHAB 406-3174-631100 CIP Streets/Professional Servic... 3,264.00
2016
174458 10/20/2016 195631.629,632 PROF SERVICES-STREET REHAB 406-3174-631100 CIP Streets/Professional Servic... 2,438.00
2015
Vendor 10289-BOLTON&MENK,INC Total: 6,062.50
Vendor:10302-BRAUN INTERTEC CORPORATION
174459 10/20/2016 8073570 GEOTECHNICAL SOIL TEST 405-3115-631100 Bldg CIP-MunCtr/Professional... 1,939.30
Vendor 10302-BRAUN INTERTEC CORPORATION Total: 1,939.30
Vendor:10377-CARVELLI DRAIN SERVICE&PLUMBING
174392 10/13/2016 1221 REBUILD/TEST 8 RPZ'S 601-6210-635100 Water Ops/Services Contracte... 2,118.69
Vendor 10377-CARVELLI DRAIN SERVICE&PLUMBING Total: 2,118.69
Vendor:10383-CENTERPOINT ENERGY-MINNEGASCO
174393 10/13/2016 INV0010766 UTILITIES 55703078 101-3176-634100 Garage/Utility Services 167.91
174393 10/13/2016 INV0010766 UTILITIES 55302905 270-4190-634100 SNC/Utility Services 40.64
l ` 174393 10/13/2016 INV0010766 UTILITIES 55134407 601-6210-634100 Water Ops/Utility Services 15.85
Ik
H+ 174393 10/13/2016 INV0010766 UTILITIES 97917173 609-6910-634100 Liq Storel-Cub/Utility Services 23.78
174460 10/20/2016 INV0010894 UTILITIES 80000141459 101-2510-634100 Fire/Utility Services 51.39
174460 10/20/2016 INV0010894 UTILITIES 80000141491 101-3110-634100 Mun Ctr/Utility Services 306.70
174460 10/20/2016 INV0010894 UTILITIES 80000141582 101-3172-634100 Parks/Utility Services 112.41
174460 10/20/2016 INVO010894 UTILITIES 80000141533 101-3176-634100 Garage/Utility Services 16.47
174460 10/20/2016 INV0010894 UTILITIES 80000141624 601-6210-634100 Water Ops/Utility Services 234.71
174460 10/20/2016 INV0010894 UTILITIES 80000141533 609-6920-634100 Liq Store 2-65/Utility Services 23.78
Vendor 10383-CENTERPOINT ENERGY-MINNEGASCO Total: 993.64
Vendor:10386-CENTRAL MN CUSTODIAL SERVICES LLC
174394 10/13/2016 1622 SEPT CLEANING SERVICE 101-3176-635100 Garage/Services Contracted,... 1,040.00
Vendor 10386-CENTRAL MN CUSTODIAL SERVICES LLC Total: 1,040.00
Vendor:10387-CENTRAL RENTAL CO
174461 10/20/2016 1567639 EDGING EQUIP RENTAL 101-3172-635110 Parks/Rentals 45.19
Vendor 10387-CENTRAL RENTAL CO Total: 45.19
Vendor:10395-CENTURY LINK
174395 10/13/2016 INV0010768 PHONE SERVICE 6122010545 101-2510-633120 Fire/Communication(phones,... 365.20
174395 10/13/2016 INV0010768 PHONE SERVICE 6122010546 101-3176-633120 Garage/Communication(phon... 156.29
174395 10/13/2016 INV0010768 PHONE SERVICE 6122010548 601-6210-633120 Water Ops/Communication(p... 209.44
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 101-1110-633120 Legislative/Communication(p... 6.66
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 101-1210-633120 Gen Mgmt/Communication(p... 15.81
10/20/2016 4:03:08 PM Page.3 of 22
Claims Council 10/24/16
Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number
Account Name (None) Amount
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 101-1210-633120
Gen Mgmt/Communication(p... 38 29
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 101-1212-633120
HR/Communication(phones,... 4.98
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 101-1212-633120 HR/Communication(phones,...
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 101-1213-633120 IT/Comm(phones,postage,et... 8.30
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 101-1218-633120 City Clerk/Communication(ph... 28.30
174396 10/13/2016 6.66
INV0010769 PHONE SERVICE 6122010553 101-1312-633120 Assessing/Communication(ph...
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 101-2110-633120 Police/Communication(phone... 9.16
174396 10/13/2016 INV0010769 307.12
PHONE SERVICE 6122010553 101-2150-633120 EM/Communication(phones,... 31.63
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 101-2510-633120 Fire/Communication(phones,...
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 101-3110-633120 Mun Ctr/Comm.(phones,post... 04.04
174396 10/13/2016 104.04
/ INV0010769 PHONE SERVICE 6122010553 101-3140-633120 Eng/Communication(phones,... 28.30
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 101-3176-633120 Garage/Communication(phon...
174396 10/13/2016 40.78
INV0010769 PHONE SERVICE 6122010553 101-4100-633120 Rec/Communication(phones,...
174396 10/13/2016 INV0010769 34.96
PHONE SERVICE 6122010553 101-4150-633120 Sr Center/Communication 3.33
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 101-5110-633120
Bldg Inspect/Comm.(phones,... 22.47
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 101-5112-633120 Planning/Communication(pho...
174396 10/13/2016 12.48
INV0010769 PHONE SERVICE 6122010553 101-5114-633120 Rental Inspect/Comm(phones,.. 12.48
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 225-1219-633120 Cable TV/Comm.(phones,pos... 6.66
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 237-5118-633120 Recycling/Communication(ph...
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 270-4190-633120 SNC/Comm,(phones,postage,... 6.66
174396 10/13/2016 p e 15.81
INV0010769 PHONE SERVICE 6122010553 601-6110-633120 Water Admin/Comm(phones,... 6.66
174396 10/13/2016 INV0010769 PHONE SERVICE 6122010553 601-6210-633120 Water Ops/Communication(p...
*A 174462 10/20/2016 INV0010897 6.66
N PHONE SERVICE 101-1213-633120 IT/Comm(phones,postage,et... 59.10
174462 10/20/2016 INV0010897 PHONE SERVICE 101-2110-633120 Police/Communication(phone...
174462 10/20/2016 INV0010897 PHONE SERVICE 270-4190-633120 SNC/Comm,(phones,postage,... 157.36
57.36
Vendor 10395-CENTURY LINK Total: 1,786.10
Vendor:10396-CENTURY LINK-LONG DISTANCE
174463 10/20/2016 1389348251 LONG DISTANCE PHONE SERV 101-1210-633120 Gen Mgmt/Communication(p...
174463 10/20/2016 1389348251 LONG DISTANCE PHONE SERV 101-1212-633120 HR/Communication(phones,... 0.29
174463 10/20/2016 1389348251 LONG DISTANCE PHONE SERV 101-1213-633120 IT/Comm(phones,postage,et... 0.41
174463 10/20/2016 0.11
1389348251 LONG DISTANCE PHONE SERV 101-1218-633120 City Clerk/Communication(ph... 0.11
174463 10/20/2016 1389348251 LONG DISTANCE PHONE SERV 101-1310-633120 Accounting/Communication(...
174463 10/20/2016 7.36
1389348251 LONG DISTANCE PHONE SERV 101-1312-633120 Assessing/Communication(ph... 0.90
174463 10/20/2016 1389348251 LONG DISTANCE PHONE SERV 101-2110-633120 Police/Communication(phone...
174463 10/20/2016 17.64
1389348251 LONG DISTANCE PHONE SERV 101-2510-633120 Fire/Communication(phones,... 1.17
174463 10/20/2016 1389348251 LONG DISTANCE PHONE SERV 101-3176-633120 Garage/Communication(phon...
174463 10/20/2016 1389348251 LONG DISTANCE PHONE SERV 101-4100-633120 Rec/Communication(phones,... 2 77
174463 10/20/2016 1.77
1389348251 LONG DISTANCE PHONE SERV 101-5110-633120 Bldg Inspect/Comm.(phones,... 2.14
174463 10/20/2016 1389348251 LONG DISTANCE PHONE SERV 101-5112-633120 Planning/Communication(pho...
174463 10/20/2016 7.41
1389348251 LONG DISTANCE PHONE SERV 101-5114-633120 Rental Inspect/Comm(phones,.. 0.31
174463 10/20/2016 1389348251 LONG DISTANCE PHONE SERV 270-4190-633120 SNC/Comm,(phones,postage,... 0.53
Vendor 10396-CENTURY LINK-LONG DISTANCE Total: 43.99
7.012012016 4:03'08 PM
Page 4 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:10404-CHARLESTON COUNTY FAMILY COURT
174447 10/19/2016 INV0010837 PAYROLL SUMMARY 101-213300 Child Support Withheld 451.50
Vendor 10404-CHARLESTON COUNTY FAMILY COURT Total: 451.50
Vendor:Ppt ID:307066-CITY OF FRIDLEY 457-ICMA
256 10/19/2016 INV0010839 CITY OF FRIDLEY ICMA Ppt ID: 101-213260 Deferred Comp.-ICMA 457 plan 726.69
307066
256 10/19/2016 INV0010840 CITY OF FRIDLEY ICMA Ppt ID: 101-213260 Deferred Comp.-ICMA 457 plan 11,612.38
307066
256 10/19/2016 INV0010843 CITY OF FRIDLEY ICMA Ppt ID: 101-213260 Deferred Comp.-ICMA 457 plan 270.60
307066
Vendor Ppt ID:307066-CITY OF FRIDLEY 457-ICMA Total: 12,609.67
Vendor:Ppt ID:803502-CITY OF FRIDLEY RHS-ICMA
258 10/19/2016 INV0010851 CITY OF FRIDLEY ICMA Ppt ID: 101-213280 RHS Plan(ICMA) 75.00
803556
258 10/19/2016 INV0010852 CITY OF FRIDLEY ICMA Ppt ID: 101-213280 RHS Plan(ICMA) 150.00
803502
Vendor Ppt ID:803502-CITY OF FRIDLEY RHS-ICMA Total: 225.00
Vendor:Ppt ID:705060-CITY OF FRIDLEY ROTH-ICMA
257 10/19/2016 INV0010853 CITY OF FRIDLEY ICMA Ppt ID: 101-213270 ICMA Roth IRA 1,808.08
705060
Vendor Ppt ID:705060-CITY OF FRIDLEY ROTH-ICMA Total: 1,808.08
/ ` Vendor:10455-COMMUNITY HEALTH CHARITIES
IL
to.) 174448 10/19/2016 INV0010838 8i-weekly payroll contribution 101-213120 Charitable Contributions 7.69
Vendor 10455-COMMUNITY HEALTH CHARITIES Total: 7.69
Vendor:10507-CUB FOODS INC-BLAINE STORE
174464 10/20/2016 INV0010899 SNOWPLOW SAFETY 101-3174-621140 Streets/Supplies for Repair&... 199.31
LUNCHEON SUPPLIES
Vendor 10507-CUB FOODS INC-BLAINE STORE Total: 199.31
Vendor:10509-CULLIGAN
174465 10/20/2016 INV0010901 SR WATER 114-032568569 851-232400 Sr-Advisory//Due to other Age... 35.80
174466 10/20/2016 100X05245605 SOFTENER RENTAL,SALT 601-6210-635110 Water Ops/Rentals 126.45
174466 10/20/2016 100X05245605 SOFTENER RENTAL,SALT 602-6210-621140 Sewer Ops/Supplies for Repair... 723.24
Vendor 10509-CULLIGAN Total: 885.49
Vendor:10537-DALCO
174467 10/20/2016 3084069 CLEANING SUPPLIES 101-3176-621140 Garage/Supplies for Repair&... 62.12
Vendor 10537-DALCO Total: 62.12
Vendor:10563-DELTA DENTAL PLAN OF MINNESOTA
DFT0001162 10/21/2016 INV0010841 MONTHLY PREMIUM 101-213160 Dental Insurance Payable 3,947.65
Vendor 10563-DELTA DENTAL PLAN OF MINNESOTA Total: 3,947.65
10)20/2016 4:03:08 PM Page 5 of 22
Claims Council 10/24/16
Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:10604-E.C.M.PUBLISHERS INC
174397 10/13/2016 412625 FALL RECYCLING DROP OFF 237-5118-633100 Recycling/Advertising 319.00
Vendor 10604-E.C.M.PUBLISHERS INC Total: 319.00
Vendor:12779-E.D.I(ENGINEERING DESIGN)
174524 10/20/2016 15008043 SNC PROJ PROF SERVICE 407-3172-631100 CIP Parks/Professional Services 2,352.42
Vendor 12779-E.D.I(ENGINEERING DESIGN)Total: 2,352.42
Vendor:10605-E.D.S BUILDERS,INC
174468 10/20/2016 20141523 CONSTRUCTION SERVICES SNC 407-3172-631100 CIP Parks/Professional Services 10,380.32
PROJ
Vendor 10605-E.D.S BUILDERS,INC Total: 10,380.32
Vendor:12563-EMBRACE THE LIGHT,LLC
174509 10/20/2016 INV0010943 PUMPKIN NIGHT 270-4192-635100 SNC Spec Events/Services Cont... 900.00
ENTERTAINMENT
Vendor 12563-EMBRACE THE LIGHT,LLC Total: 900.00
Vendor:10637-EMERGENCY APPARATUS MAINT
174469 10/20/2016 89108 REPLACE FLOWMETER 101-2510-635100 Fire/Services Contracted,Non-... 2,298.11
Vendor 10637-EMERGENCY APPARATUS MAINT Total: 2,298.11
Vendor:10638-EMERGENCY AUTOMOTIVE TECHNOLOGIES
174398 10/13/2016 AW100316-7 2011 379 CHEV TAHOE PUSH 101-2110-621140 Police/Supplies for Repair&M... 74.75
BUMPER
M+
N+ Vendor 10638-EMERGENCY AUTOMOTIVE TECHNOLOGIES Total: 74.75
.. Vendor:10700-FIRST STATE TIRE RECYCLING
174399 10/13/2016 102602 RECYCLE TIRES 101-3176-635100 Garage/Services Contracted,... 110.00
Vendor 10700-FIRST STATE TIRE RECYCLING Total: 110.00
Vendor:10717-FLEET PRIDE TRUCK&TRAILER PARTS
174470 10/20/2016 80323998 FILTERS 101-141040 Inventory-Misc.Parts 52.26
Vendor 10717-FLEET PRIDE TRUCK&TRAILER PARTS Total: 52.26
Vendor:10718-FLEXIBLE PIPE TOOL CO
174400 10/13/2016 20448 REPAIR VIDEO CABLE TO 602-6210-635100 Sewer Ops/Services Contracte... 286.95
SEWER
174400 10/13/2016 20459 REPAIR SEWER CAMERA 603-6210-635100 Storm Ops/Services Contracted.. 1,585.95
Vendor 10718-FLEXIBLE PIPE TOOL CO Total: 1,872.90
Vendor:10745-FRIDLEY FIRE RELIEF ASSOC FRO
174401 10/13/2016 INV0010774 REPLACE CK 167590 101-1410-621130 Non-dept/Operating Supplies 675.00
Vendor 10745-FRIDLEY FIRE RELIEF ASSOC FBO Total: 675.00
Vendor.10748-FRIDLEY POLICE ASSOCIATION
174449 10/19/2016 INV0010842 Bi-weekly payroll contributions 101-213330 Fridley Police Association 86.00
Vendor 10748-FRIDLEY POLICE ASSOCIATION Total: 86.00
Vendor:12695-FRIEDGES DRYWALL,INC
174520 10/20/2016 INV0010953 SNC PROJ APP#5,RETAINAGE 407-3172-701100 CIP Parks/Building 6,893.00
10/2C/2016 a 33'OS PM
Page 6 of 22
Claims Council 10/24/16
Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
174520 10/20/2016 INV0010953 SNC PROJ APP#5,RETAINAGE 407-3172-701100 CIP Parks/Building 6,511.00
Vendor 12695-FRIEDGES DRYWALL,INC Total: 13,404.00
Vendor:10751-FRIENDLY CHEVROLET,INC
174402 10/13/2016 INV0010775 PARTS 101-141040 Inventory-Misc.Parts 1,784.19
174402 10/13/2016 INV0010775 SUBLET REPAIRS 101-2110-635100 Police/Services Contracted,N... 97.87
Vendor 10751-FRIENDLY CHEVROLET,INC Total: 1,882.06
Vendor:10772-GARY CARLSON EQUIPMENT CO
174471 10/20/2016 01289160 REPAIR PARTS WTR 601-6210-621140 Water Ops/Supplies for Repair... 35.00
DISTRIBUTION
Vendor 10772-GARY CARLSON EQUIPMENT CO Total: 35.00
Vendor:11455-GLOBAL MINNESOTA
174488 10/20/2016 2036 GREAT DECISIONS BOOKS 851-232400 Sr-Advisory//Due to other Age... 115.00
Vendor 11455-GLOBAL MINNESOTA Total: 115.00
Vendor:10811-GOPHER STATE ONE-CALL INC
174403 10/13/2016 6090377 SEPT CALLS 601-6210-635100 Water Ops/Services Contracte... 194.40
174403 10/13/2016 6090377 SEPT CALLS 602-6210-635100 Sewer Ops/Services Contracte... 194.40
Vendor 10811-GOPHER STATE ONE-CALL INC Total: 388.80
Vendor:10819-GRAINGER
174472 10/20/2016 9242373257 VOLTAGE METER FUSES 601-6210-621140 Water Ops/Supplies for Repair... 15.70
Vendor 10819-GRAINGER Total: 15.70
M~+ Vendor:10887-HARRIS,AMBER
174404 10/13/2016 INV0010777 REPLACE CK 168699 SAFETY 101-1410-621130 Non-dept/Operating Supplies 12.39
BOOTS
Vendor 10887-HARRIS,AMBER Total: 12.39
Vendor:10894-HAWKINS INC
174405 10/13/2016 3955839 WATER CHEMICALS 601-6210-621140 Water Ops/Supplies for Repair... 5,747.54
174473 10/20/2016 3964544 CHLORINE COMMONS WTP 601-6210-621140 Water Ops/Supplies for Repair... 1,017.65
Vendor 10894-HAWKINS INC Total: 6,765.19
Vendor:10904-HEIGHTS BAKERY
174406 10/13/2016 INV0010779 SR PROG ROLLS 851-232400 Sr-Advisory//Due to other Age... 26.25
Vendor 10904-HEIGHTS BAKERY Total: 26.25
Vendor:12678-HILLCREST ANIMAL HOSPITAL
174444 10/13/2016 INV0010749 ANIMAL BOARDING 101-2110-635100 Police/Services Contracted,N... 314.00
SEPTEMBER 2016
Vendor 12678-HILLCREST ANIMAL HOSPITAL Total: 314.00
Vendor:11153-HIRERIGHT,LLC
174408 10/13/2016 H0087662 BACKGROUND SCREENING 101-2110-635100 Police/Services Contracted,N... 9.45
Vendor 11153-HIRERIGHT,LLC Total: 9.45
3.0/20/2016 4:03:08 PM
Page 7 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:10932-HOISINGTON KOEGLER GROUP INC
174474 10/20/2016 0160521 SNC PROJ PROFESSIONAL 407-3172-631100 CIP Parks/Professional Services 5,015.18
SERVICE
Vendor 10932-HOISINGTON KOEGLER GROUP INC Total: 5,015.18
Vendor:10933-,HOLIDAY CREDIT OFFICE
174475 10/20/2016 INV0010909 FUEL 1400-007-844-778 101-2110-621100 Police/Fuels&Lubes 36.68
174475 10/20/2016 INV0010909 FUEL 1400-007-844-778 101-2110-621100 Police/Fuels&Lubes 61.31
Vendor 10933-HOLIDAY CREDIT OFFICE Total: 97.99
Vendor:12652-INDIANHEAD GLASS
174515 10/20/2016 INV0010948 SNC PROJ APP#6 RETAINAGE 407-3172-701100 CIP Parks/Building 10,609.25
Vendor 12652-INDIANHEAD GLASS Total: 10,609.25
Vendor:10996-INSTRUMENTAL RESEARCH,INC
174476 10/20/2016 10562 WATER TESTING COLIFORM 601-6210-635100 Water Ops/Services Contracte... 256.00
BAC-T
Vendor 10996-INSTRUMENTAL RESEARCH,INC Total: 256.00
Vendor:12450-INTERNAL REVENUE SERVICE- PAYROLL TAXES
DFT0001169 10/21/2016 INV0010858 BI-WEEKLY SOCIAL SECURITY 101-212120 FICA Payable 31,171.54
WITHHOLDINGS
DFT0001170 10/21/2016 INV0010859 BI-WEEKLY MEDICARE 101-212130 Medicare Payable 11,620.72
WITHHOLDINGS
DFT0001172 10/21/2016 INV0010861 31-WEEKLY FEDERAL TAX 101-212100 Federal Tax Withheld 45,891.13
H+
M..► WITHHOLDING
O\ Vendor 12450-INTERNAL REVENUE SERVICE- PAYROLL TAXES Total: 88,683.39
Vendor:11082-JOHNSON,ZACHARY
174407 10/13/2016 INV0000065 REIMB SAFETY BOOTS 101-3174-621110 Streets/Clothing/Laundry Allo... 35.00
Vendor 11082-JOHNSON,ZACHARY Total: 35.00
Vendor:11088-JONES,RICHARD
174477 10/20/2016 INV0010911 SEWER OPERATOR 602-6210-632100 Sewer Ops/Dues&Subscriptio... 55.00
CERTIFICATION
Vendor 11088-JONES,RICHARD Total: 55.00
Vendor:11109-KENDELL DOORS&HARDWARE,INC
174478 10/20/2016 5E036354 KEY BLANKS 601-6210-621140 Water Ops/Supplies for Repair... 72.00
Vendor 11109-KENDELL DOORS&HARDWARE,INC Total: 72.00
Vendor:12814-KUDLA,ROBERT
174526 10/20/2016 INV0010958 WTR EFFICIENCY GRANT 601-6210-638140 Water Ops/Miscellaneous 339.00
REBATE
Vendor 12814-KUDLA,ROBERT Total: 339.00
Vendor:12540-KUECHLE UNDERGROUND,INC
174443 10/13/2016 INV0010810 STREET PROJ EST#10 406-3174-702100 CIP Streets/Improvements oth... 174,981.27
Vendor 12540-KUECHLE UNDERGROUND,INC Total: 174,981.27
1.012012015 4:03 08 PM
Page 8 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:11160-L-3 COMMUNICATIONS MOBILE VISION
174409 10/13/2016 246039 REPLACE CAMERA SYS#354 704-7130-635100 Self Ins/Srvcs Contracted,Non... 6,640.90
Vendor 11160-L-3 COMMUNICATIONS MOBILE VISION Total: 6,640.90
Vendor:11173-LAKE RESTORATION INC
174479 10/20/2016 153339 WEED/ALGAE TREATMENT 603-6210-635100 Storm Ops/Services Contracted.. 298.80
Vendor 11173-LAKE RESTORATION INC Total: 298.80
Vendor:11204-LEAGUE OF MINNESOTA CITIES
174480 10/20/2016 238462 MEMBERSHIP 101-1110-632100 Legislative/Dues&Subscriptio... 20,686.00
Vendor 11204-LEAGUE OF MINNESOTA CITIES Total: 20,686.00
Vendor:11205-LEAGUE OF MN CITIES INS TRUST
174410 10/13/2016 1467 DEDUCTIBLE CLAIM 704-7130-631100 Self Ins/Professional Services 3,053.53
174481 10/20/2016 INV0010915 WORK COMP 200063626 704-7130-631100 Self Ins/Professional Services 10.00
174481 10/20/2016 INV0010915 WORK COMP 200063626 704-7130-631100 Self Ins/Professional Services 1,132.59
Vendor 11205-LEAGUE OF MN CITIES INS TRUST Total: 4,196.12
Vendor:12689-LITCHY,JOHN P,AIA NCARB
174519 10/20/2016 5B CITY HALL REVIEW 405-3115-631100 Bldg CIP-MunCtr/Professional... 1,500.00
Vendor 12689-LITCHY,JOHN P,AIA NCARB Total: 1,500.00
Vendor:11238-LOFFLER COMPANIES-131511
174482 10/20/2016 2336873 COPIER USAGE,OVERAGE 101-1213-635100 IT/Srvc Contracted,Non-profe... 241.39
Vendor 11238-LOFFLER COMPANIES-131511 Total: 241.39
H+
I ` Vendor:12605-MAERTENS-BRENNY CONSTRUCTION COMPANY
174512 10/20/2016 5767,APP#11 BID DIVISION 407-3172-701100 CIP Parks/Building 772.07
CONCRETE,MASONRY,WALL
174512 10/20/2016 5767,APP#11 BID DIVISION 407-3172-702100 CIP Parks/Improvements other... 17,717.50
CONCRETE,MASONRY,WALL
Vendor 12605-MAERTENS-BRENNY CONSTRUCTION COMPANY Total: 18,489.57
Vendor:11298-MANSFIELD OIL COMPANY
174411 10/13/2016 790073 FUEL 101-141010 Inventory-Gasoline 5,679.33
174483 10/20/2016 812353,812354 FUEL 101-141010 Inventory-Gasoline 8,963.94
Vendor 11298-MANSFIELD OIL COMPANY Total: 14,643.27
Vendor:11354-METERING&TECHNOLOGY SOLUTIONS
174484 10/20/2016 7468 WATER METERS 601-6310-621140 Water CIP/Supplies for Repair... 77,404.00
Vendor 11354-METERING&TECHNOLOGY SOLUTIONS Total: 77,404.00
Vendor:11366-METRO SALES INC
174485 10/20/2016 638796 MAINT COPIER 101-3140-633110 Eng/Printing&Binding 385.70
Vendor 11366-METRO SALES INC Total: 385.70
Vendor:11368-METROPOLITAN COUNCIL
174486 10/20/2016 1060019 NOV WASTEWATER SERVICE 602-6210-634100 Sewer Ops/Utility Services 328,193.62
Vendor 11368-METROPOLITAN COUNCIL Total: 328,193.62
10/20;2016 4:03:08 PM
Page 9 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:11421-MINN BUREAU OF CRIMINAL APPR-B.C.A.
174412 10/13/2016 00000363919 CJDN ACCESS FEE JULY THRU 101-2110-633120 Police/Communication(phone... 750.00
SEPTEMBER 2016
Vendor 11421-MINN BUREAU OF CRIMINAL APPR-B.C.A.Total: 750.00
Vendor:11427-MINN CHILD SUPPORT PAYMENT CENTER
174450 10/19/2016 INV0010836 Bi-weekly payroll deduction 101-213300 Child Support Withheld 876.32
Vendor 11427-MINN CHILD SUPPORT PAYMENT CENTER Total: 876.32
Vendor:11450-MINN FIRE SERVICE CERT BOARD
174413 10/13/2016 4440 RECERTIFICATION 101-2510-632100 Fire/Dues&Subscription,Pe... 600.00
FIREFIGHTERS
Vendor 11450-MINN FIRE SERVICE CERT BOARD Total: 600.00
Vendor:11454-MINN HWY SAFETY/RESEARCH-MHSRC
174487 10/20/2016 6294305390 EVOC DRIVING SCHL 101-2110-632120 Police/Conferences&School 396.00
Vendor 11454-MINN HWY SAFETY/RESEARCH-MHSRC Total: 396.00
Vendor:11459-MINN MAYORS ASSOC
174489 10/20/2016 INV0010923 ANNUAL DUES 101-1110-632100 Legislative/Dues&Subscriptio... 30.00
Vendor 11459-MINN MAYORS ASSOC Total: 30.00
Vendor:11462-MINN PIPE&EQUIP
174414 10/13/2016 366160 HYDRANT PAINT 601-6310-621140 Water CIP/Supplies for Repair... 710.23
Vendor 11462-MINN PIPE&EQUIP Total: 710.23
•k Vendor:11464-MINN POLLUTION CONTROL AGENCY-MPCA
00 174490 10/20/2016 INV0010924 WASTEWATER CERT RENEWAL 602-6210-632100 Sewer Ops/Dues&Subscriptio... 23.00
Vendor 11464-MINN POLLUTION CONTROL AGENCY-MPCA Total: 23.00
Vendor:11474-MINN SAFETY COUNCIL INC
174415 10/13/2016 45445 DEFENSIVE DRIVING CLASS 101-4151-621130 Sr Trips/Operating Supplies 714.00
Vendor 11474-MINN SAFETY COUNCIL INC Total: 714.00
Vendor:11485-MINN UNEMPLOYMENT FUND
174416 10/13/2016 10830842 3RD QRT UNEMPLOYMENT 101-1310-613130 Accounting/Unemployment C... 1,205.10
174416 10/13/2016 10830842 3RD QRT UNEMPLOYMENT 270-4190-613130 SNC/Unemployment Compens... 27.48
174416 10/13/2016 10830842 3RD QRT UNEMPLOYMENT 609-6910-613130 Liq Storel-Cub/Unemployment.. 249.65
Vendor 11485-MINN UNEMPLOYMENT FUND Total: 1,482.23
Vendor:11495-MINNEAPOLIS FINANCE DEPT
174417 10/13/2016 400451000417 APS PAWN TRANSACTIONS 101-2111-635100 Police-Pawn/Services Contract... 2,960.10
AUGUST 2016
Vendor 11495-MINNEAPOLIS FINANCE DEPT Total: 2,960.10
Vendor:12451-MINNESOTA DEPARTMENT OF REVENUE-PAYROLL TAXES
DFT0001171 10/21/2016 INV0010860 BI-WEEKLY STATE INCOME TAX 101-212110 State Tax Withheld 17,841.38
WITHHOLDINGS
Vendor 12451-MINNESOTA DEPARTMENT OF REVENUE-PAYROLL TAXES Total: 17,841.38
10/20/2016 4:03'08 PM Page 10 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:12663-MUELLER,PETER
174517 10/20/2016 INV0010950 REIMB WORK COM CHECK 101-2110-611100 Police/Full Time Employee-R... 376.75
Vendor 12663-MUELLER,PETER Total: 376.75
Vendor:12651-MULTIPLE CONCEPTS INTERIORS
174514 10/20/2016 INV0010947 SNC PROJ APP#5 RETAINAGE 407-3172-701100 CIP Parks/Building 1,621.10
Vendor 12651-MULTIPLE CONCEPTS INTERIORS Total: 1,621.10
Vendor:11551-NAGELL APPRAISAL&CONSULTING,INC
174418 10/13/2016 24142 APPRAISAL FOR TAX COURT- 101-1312-631100 Assessing/Professional Services 4,800.00
TARGET DIST
Vendor 11551-NAGELL APPRAISAL&CONSULTING,INC Total: 4,800.00
Vendor:11573-NELSON CHEESE&DELI
174419 10/13/2016 107292 9/26 CONF MEETING BOXED 101-1210-632120 Gen Mgmt/Conferences&Sch... 103.35
LUNCHES
Vendor 11573-NELSON CHEESE&DELI Total: 103.35
Vendor:11582-NETWORK MEDICS,INC
174491 10/20/2016 8412 VITALBACKUP CONTRACT 409-1213-635100 IT Capital/Srvc Contracted,No... 195.00
Vendor 11582-NETWORK MEDICS,INC Total: 195.00
Vendor:11614-NORTHERN DEWATERING INC
174420 10/13/2016 33744 EMERGENCY DEWATERING 603-6210-635100 Storm Ops/Services Contracted.. 2,937.00
Vendor 11614-NORTHERN DEWATERING INC Total: 2,937.00
ik Vendor:11618-NORTHERN SANITARY SUPPLY INC
VO 174421 10/13/2016 182704 CADDY,BRUTE RIM CARRIER 270-4190-621140 SNC/Supplies for Repair&Mai... 34.31
Vendor 11618-NORTHERN SANITARY SUPPLY INC Total: 34.31
Vendor:11627-NORTHWEST ASPHALT,INC
174422 10/13/2016 INV0010791 STREET PROJ EST#4 406-3174-702100 CIP Streets/Improvements oth... 198,210.31
Vendor 11627-NORTHWEST ASPHALT,INC Total: 198,210.31
Vendor:12579-O'MALLEY CONSTRUCTION,INC
174511 10/20/2016 INV0007026 SAFE ROUTES PROJ EST#3 406-3174-635100 CIP Streets/Services Contracte... 15,250.08
FINAL
Vendor 12579-O'MALLEY CONSTRUCTION,INC Total: 15,250.08
Vendor:11667-ON SITE SANITATION
174423 10/13/2016 319311 PORTABLE RESTROOMS 101-3172-635110 Parks/Rentals 57.43
Vendor 11667-ON SITE SANITATION Total: 57.43
Vendor:11671-OPEN YOUR HEART
174451 10/19/2016 INV0010847 Bi-weekly payroll contribtions 101-213120 Charitable Contributions 10.00
Vendor 11671-OPEN YOUR HEART Total: 10.00
Vendor:12727-011,INC
174445 10/13/2016 201690 STREET SWEEPING DISPOSAL 101-3174-635100 Streets/Srvcs Contracted,Non... 600.00
Vendor 12727-OTI,INC Total: 600.00
7.0/2C/2016 4:03:08 PM
?aye 11.of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:11685-P.E.R.A.-PUBLIC EMPLOYEES
DFT0001166 10/21/2016 INV0010848 Bi-weekly deduction- 101-213100 PERA 32,746.82
Coordinated
DFT0001167 10/21/2016 INV0010849 Bi-weekly payroll deduction- 101-213100 PERA
164.46
defined contrib
DFT0001168 10/21/2016 INV0010850 Bi-weekly payroll ded-Pol/Fire 101-213100 PERA 39,971.97
Vendor 11685-P.E.R.A.-PUBLIC EMPLOYEES Total: 72,883.25
Vendor:11688-P.L.E.A.A.-PROF LAW ENFORCEMENT
174424 10/13/2016 INV0010754 PLEAA 2016 FALL CONFERENCE 101-2110-632120 Police/Conferences&School 120.00
ZWICKY,NEIS,J JOHNSON
•
Vendor 11688-P.L.E.A.A.-PROF LAW ENFORCEMENT Total: 120.00
Vendor:12679-PALMER WEST CONSTRUCTION CO
174518 10/20/2016 INV0010951 SNC PROJ RETAINAGE 407-3172-701100 CIP Parks/Building 11,627.20
Vendor 12679-PALMER WEST CONSTRUCTION CO Total: 11,627.20
Vendor:11729-PERFECT 10 CAR WASH
174425 10/13/2016 INV0010793 CAR WASHIES POLICE ACCT 101-2110-635100 Police/Services Contracted,N... 66.89
174425 10/13/2016 INV0010793 CAR WASHIES POLICE ACCT 101-4100-635100 Rec/Services Contracted,Non-... 6.99
Vendor 11729-PERFECT 10 CAR WASH Total: 73.88
Vendor:11740-PETCO
H+N174492 10/20/2016 OA070270 k-9 SUPPLIES 101-2113-621130 K-9 Program/Operating Suppli... 137.80
0 Vendor 11740-PETCO Total: 137.80
Vendor:11745-PETTY CASH
174493 10/20/2016 INV0010927 PETTY CASH-TRAINING MEALS 101-2110-632120 Police/Conferences&School 48.72
174493 10/20/2016 INV0010927 PETTY CASH-PARKING 101-3140-632110 Eng/Transportation 8.00
174493 10/20/2016 INV0010927 PETTY CASH-PARKING 101-5112-632110 Planning/Transportation 4.00
174493 10/20/2016 INV0010927 PETTY CASH-PROGRAM 270-4190-621130 SNC/Operating Supplies 21.52
SUPPLIES
174493 10/20/2016 INV0010927 PETTY CASH-PROGRAM 270-4192-621130 SNC Spec Events/Operating Su... 5.00
SUPPLIES
Vendor 11745-PETTY CASH Total: 87.24
Vendor:11783-PREFERRED ONE INSURANCE COMPANY
DFT0001163 10/21/2016 INV0010844 MONTHLY PREMIUM 101-213140 Health Insurance 39,806.60
Vendor 11783-PREFERRED ONE INSURANCE COMPANY Total: 39,806.60
Vendor:11834-R.D.O.EQUIPMENT CO
174494 10/20/2016 P16819 CONROL SOLENOID 101-141040 Inventory-Misc.Parts 407.80
Vendor 11834-R.D.O.EQUIPMENT CO Total: 407.80
Vendor:12817-RED CEDAR STEEL ERECTORS
174528 10/20/2016 1858 SHEAR WALL,TWO COLUMNS 407-3172-701100 CIP Parks/Building 7,535.00
SNC PROJ
Vendor 12817-RED CEDAR STEEL ERECTORS Total: 7,535.00
10/20/2016 4:0308 PM Dago 12 of 22
Claims Council 10/24/16
Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:12576-RED RIVER FLAGS
174510 10/20/2016 2233 REPAIR FLAGS 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 66.96
Vendor 12576-RED RIVER FLAGS Total: 66.96
Vendor:11877-REPUBLIC-ALLIED WASTE SERVICES#899
174426 10/13/2016 899002932942 SEPTRECYCLING SERVICE 237-5118-635100 Recycling/Services Contracted,... 23,079.45
Vendor 11877-REPUBLIC-AWED WASTE SERVICES tt899 Total: 23,079.45
Vendor:12618-RESPEC
174513 10/20/2016 1NV0010946 MAPPING/DATA COLLECTION 601-6210-635100 Water Ops/Services Contracte... 806.59
174513 10/20/2016 INV0010946 MAPPING/DATA COLLECTION 602-6210-635100 Sewer Ops/Services Contracte... 806.59
174513 10/20/2016 INV0010946 MAPPING/DATA COLLECTION 603-6210-635100 Storm Ops/Services Contracted.. 806.82
Vendor 12618-RESPEC Total: 2,420.00
Vendor:11886-REVIER,REGGIE
174495 10/20/2016 INV0010929 REIMB SAFETY BOOTS 101-3174-621110 Streets/Clothing/Laundry Allo... 54.00
Vendor 11886-REVIER,REGGIE Total: 54.00
Vendor:11907-ROCK SOLID LANDSCAPE&IRRIGATION
174427 10/13/2016 8300-02,8304-07 LAWN MOWING ABATEMENTS 101-5112-635100 Planning/Services Contracted,... 490.00
174496 10/20/2016 8327-8334 LAWN MOWING ABATEMENT 101-5112-635100 Planning/Services Contracted,... 560.00
Vendor 11907-ROCK SOLID LANDSCAPE&IRRIGATION Total: 1,050.00
Vendor:11924-RUFFRIDGE JOHNSON EQUIP CO INC
IIN
'' 174428 10/13/2016 RA00294 STREET SWEEPING 603-6210-635110 Storm Ops/Rentals
I• L 3,600.00
Vendor 11924-RUFFRIDGE JOHNSON EQUIP CO INC Total: 3,600.00
Vendor:11934-S.C.T.INSPECTIONS
174497 10/20/2016 INV0010931 INSPECTIONS 101-5110-635100 Bldg Inspect/Srvc Contracted,... 1,135.00
Vendor 11934-S.C.T.INSPECTIONS Total: 1,135.00
Vendor:11966-SCH IFSKY&SONS INC
174429 10/13/2016 60502 AC SAND MIX 101-3174-621140 Streets/Supplies for Repair&... 413.53
Vendor 11966-SCHIFSKY&SONS INC Total: 413.53
Vendor:12001-SHERWIN-WILLIAMS
174430 10/13/2016 62408 HYDRANT PRIMER 601-6310-621140 Water CIP/Supplies for Repair... 264.55
Vendor 12001-SHERWIN-WILLIAMS Total: 264.55
Vendor:12007-SHRED RIGHT
174498 10/20/2016 251475 SHREDDING SERVICE 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 66.56
Vendor 12007-SHRED RIGHT Total: 66.56
Vendor:12813-SKILLSOFT CORPORATION
174525 10/20/2016 173695 SKILLCHOICE IT W/HOST 101-1213-632120 IT/Conferences&School 3,152.94
Vendor 12813-SKILLSOFT CORPORATION Total: 3,152.94
Vendor:12027-SKOGEN,DEBRA A.
174431 10/13/2016 INV0010799 REIMB MILEAGE ELECTIONS 101-1216-632100 Elections/Dues&Subscription,.. 145.71
10/20/2016 4:03'08 PM
Page 13 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
174431 10/13/2016 INV0010799 REIMB MILEAGE 101-1218-632100 City Clerk/Dues&Subscription,.. 129.20
Vendor 12027-SKOGEN,DEBRA A.Total: 274.91
Vendor:12737-SLUMBERLAND
174522 10/20/2016 INV0010955 TEMPORARY SIGN DEPOSIT 101-221100 Deposits 200.00
REFUND
Vendor 12737-SLUMBERLAND Total: 200.00
Vendor:12055-SPLIT ROCK STUDIOS
174499 10/20/2016 2801 SNC PROJ PROF SERVICE FINAL 407-3172-631100 CIP Parks/Professional Services 85,109.00
Vendor 12055-SPUT ROCK STUDIOS Total: 85,109.00
Vendor:12062-SPRINGBROOK NATURE CENT FOUNDATION
255 10/19/2016 INV0010854 FRIDLEY EMPLOYEE PAYROLL 101-213120 Charitable Contributions 3.86
DONATIONS
Vendor 12062-SPRINGBROOK NATURE CENT FOUNDATION Total: 3.86
Vendor:12105-STIMEY ELECTRIC
174432 10/13/2016 2805 REPLACE FIXTURES LOCKE WTP 601-6210-635100 Water Ops/Services Contracte... 7,759.19
Vendor 12105-STIMEY ELECTRIC Total: 7,759.19
Vendor:12115-STREICHER'S
174500 10/20/2016 1227160 SHOT TRAINING KIT,UPGRADE 101-2110-621130 Police/Operating Supplies 997.92
1•+ KIT
N
It. Vendor 12115-STREICHER'S Total: 997.92
Vendor:12122-SUBURBAN TIRE WHOLSALE,INC
174433 10/13/2016 10141815,849 TIRES 101-141030 Inventory-Batteries/Tires 1,405.60
174501 10/20/2016 1041954 TIRES 101-141030 Inventory-Batteries/Tires 606.76
Vendor 12122-SUBURBAN TIRE WHOLSALE,INC Total: 2,012.36
Vendor:12147-T.A.S.C.
174434 10/13/2016 861400 RETIREE ADM FEES JULY 704-7130-631100 Self Ins/Professional Services 72.00
174502 10/20/2016 879482,879863 COBRA ADMIN FEES,CLAIMS 704-7130-631100 Self Ins/Professional Services 537.50
PROC,HRA ADMIN
174502 10/20/2016 879482,879863 COBRA ADMIN FEES,CLAIMS 704-7130-631100 Self Ins/Professional Services 111.80
PROC,HRA ADMIN
Vendor 12147-T.A.S.C. Total: 721.30
Vendor:12157-TAHO SPORTSWEAR
174435 10/13/2016 16TF2216 SOCCER T-SHIRTS 101-4102-621130 Rec After School/Operating Su... 283.20
Vendor 12157-TAHO SPORTSWEAR Total: 283.20
Vendor:12183-THOMSON WEST PUBLISHING GROUP,INC
174436 10/13/2016 834832027 WEST INFORMATION CHARGES 101-2110-635100 Police/Services Contracted,N... 178.00
SEPTEMBER 2016
Vendor 12183-THOMSON WEST PUBLISHING GROUP,INC Total: 178.00
10!2%!2.016 4:03:08 PM
Page 14 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:12209-TOTAL COMPLIANCE SOLUTIONS,INC
174503 10/20/2016 49261 DOT CONSORTUIM 601-6210-632100 Water Ops/Dues&Subscriptio... 105.00
SUBSCRIPTION
Vendor 12209-TOTAL COMPLIANCE SOLUTIONS,INC Total: 105.00
Vendor:12243-TRUGREEN-CHEMLAWN
174504 10/20/2016 55037699 WEED N FEED SERVICE 101-2510-635100 Fire/Services Contracted,Non-... 85.00
174504 10/20/2016 55037699 WEED N FEED SERVICE 101-3110-635100 Mun Ctr/Srvcs Contracted,No... 31.00
174504 10/20/2016 55037699 WEED N FEED SERVICE 101-3172-635100 Parks/Services Contracted,No... 5,941.00
174504 10/20/2016 55037699 WEED N FEED SERVICE 601-6210-635100 Water Ops/Services Contracte... 256.00
174504 10/20/2016 55037699 WEED N FEED SERVICE 609-6920-635100 Liq Store 2-65/Srvc Contracted,.. 17.00
Vendor 12243-TRUGREEN-CHEMLAWN Total: 6,330.00
Vendor:12661-TWIN CITY ACOUSTICS,INC
174516 10/20/2016 INV0010949 SNC FINAL RETAINAGE 407-3172-701100 CIP Parks/Building 574.90
Vendor 12661-TWIN CITY ACOUSTICS,INC Total: 574.90
Vendor:12443-U.S.BANK TRUST(HSA-OPTUM)
DFT0001164 10/21/2016 INV0010845 HSA savings acct-employee 703-213340 Health Care Spending 2,071.74
contribution
DFT0001165 10/21/2016 INV0010846 HSA savings acct-employer 101-213150 HRA/Veba&HSA Benefit-Heal... 1,800.00
additional
Vendor 12443-U.S.BANK TRUST(HSA-OPTUM)Total: 3,871.74
Vendor:12265-U.S.DEPARTMENT OF EDUCATION
H+
N 174452 10/19/2016 INV0010856 US Dept of Ed garnishment 101-213310 Garnishments Withheld 226.49
W Vendor 12265-U.S.DEPARTMENT OF EDUCATION Total: 226.49
Vendor:12269-U.S.A.BLUEBOOK
174505 10/20/2016 74410 MARKING FLAGS 601-6210-621140 Water Ops/Supplies for Repair... 142.80
Vendor 12269-U.S.A.BLUEBOOK Total: 142.80
Vendor:12279-UNITED BUSINESS MAIL
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-1210-633120 Gen Mgmt/Communication(p... 135.52
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-1216-633120 Elections/Communication(ph... 41.47
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-1310-633120 Accounting/Communication(... 275.02
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-1312-633120 Assessing/Communication(ph... 5.64
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-132200 Due from HRA 9.95
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-2110-633120 Police/Communication(phone... 277.84
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-2510-633120 Fire/Communication(phones,... 68.84
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-3140-633120 Eng/Communication(phones,... 123.58
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-3174-633120 Streets/Communication(phon... 54.41
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-4100-633120 Rec./Communication(phones,... 125.57
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-4150-633120 Sr Center/Communication 4.31
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-5110-633120 Bldg Inspect/Comm.(phones,... 67.84
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-5112-633120 Planning/Communication(pho... 172.51
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 101-5114-633120 Rental Inspect/Comm(phones,.. 89.07
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 225-1219-633120 Cable TV/Comm.(phones,pos... 0.65
10/20/2010 4:03'08 PM Page 15 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 237-5118-633120 Recycling/Communication(ph... 10.95
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 270-4190-633120 SNC/Comm,(phones,postage,... 82.61
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 601-6210-633120 Water Ops/Communication(p... 112.30
174437 10/13/2016 INV0010806 POSTAGE ACCT#341001 609-6910-633120 LigStorel-Cub/Comm.(phone... 0.66
Vendor 12279-UNITED BUSINESS MAIL Total: 1,658.74
Vendor:12286-UNITED WAY
174453 10/19/2016 INV0010855 Bi-weekly payroll contributions 101-213120 Charitable Contributions 20.00
Vendor 12286-UNITED WAY Total: 20.00
Vendor:12291-UNIVERSITY OF MINNESOTA
174438 10/13/2016 INV0010804 REGISTRATIONS BUILDING 101-5110-632120 Bldg Inspect/Conferences&Sc... 660.00
OFFICIALS
Vendor 12291-UNIVERSITY OF MINNESOTA Total: 660.00
Vendor:12297-UPPER MIDWEST SEED INC
174439 10/13/2016 20836 BIRD SEED 270-4190-621130 SNC/Operating Supplies 17.00
Vendor 12297-UPPER MIDWEST SEED INC Total: 17.00
Vendor:12815-VALLEY,CHRISTOPHER
174527 10/20/2016 INV0010959 WTR EFFICIENCY GRANT 601-6210-638140 Water Ops/Miscellaneous 189.00
REBATE
Vendor 12815-VALLEY,CHRISTOPHER Total: 189.00
1—i Vendor:12370-WENCKASSOCIATES,INC
IN44. 174506 10/20/2016 606999,605657 STREET REHAB PROJ 406-3174-631100 CIP Streets/Professional Servic... 3,678.54
Vendor 12370-WENCK ASSOCIATES,INC Total: 3,678.54
Vendor:12395-WONDERLIC,INC
174440 10/13/2016 6421185 WEB ADMIN FEES NEW 101-1212-631100 HR/Professional Services 399.00
EMPLOYEES
Vendor 12395-WONDERLIC,INC Total: 399.00
Vendor:12402-XCEL ENERGY
174441 10/13/2016 INV0010808 UTILITIES 519183467 101-2110-634100 Police/Utility Services 316.77
174441 10/13/2016 INV0010808 UTILITIES 518995764 101-2510-634100 Fire/Utility Services 39.86
174441 10/13/2016 INV0010808 UTILITIES 519163140 101-3110-634100 Mun Ctr/Utility Services 4,371.86
174441 10/13/2016 INV0010808 UTILITIES 519010281 101-3172-634100 Parks/Utility Services 11.52
174441 10/13/2016 INV0010808 UTILITIES 519119867 609-6910-634100 Liq Storel-Cub/Utility Services 1,389.96
174441 10/13/2016 INV0010808 UTILITIES 519190363 609-6920-634100 Liq Store 2-65/Utility Services 1,367.03
174507 10/20/2016 INV0010941 UTILITIES 5159268118 101-3172-634100 Parks/Utility Services 2,540.50
174507 10/20/2016 1NV0010941 UTILITIES 520175379 101-3176-634100 Garage/Utility Services 132.36
174507 10/20/2016 INV0010941 UTILITIES 520303590 601-6210-634100 Water Ops/Utility Services 22,078.00
Vendor 12402-XCEL ENERGY Total: 32,247.86
10/20/2016 4:03'.08 Ph? Page 16 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Payment Number Payment Date Payable Number Description(Item) Account Number Account Name (None) Amount
Vendor:12411-YALE MECHANICAL INC
174508 10/20/2016 171104,174227 ANNUAL HVAC MAINT 101-3176-635100 Garage/Services Contracted,... 1,838.67
Vendor 12411-YALE MECHANICAL INC Total: 1,838.67
Grand Total: 1,550,855.76
N
ti
10%20/2016 4'03:08 PM "age 17 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Report Summary
Fund Summary
Fund Payment Amount
101-GENERAL FUND 333,941.44
225-CABLE TV FUND 7.31
237-SOLID WASTE ABATEMENT 23,416.06
270-SPRINGBROOK NC FUND 3,126.95
405-CAPITAL IMPROVEMENTS-BLDG 134,483.62
406-CAPITAL IMPROVEMENTS-SIR 398,182.70
407-CAPITAL IMPROVEMENTS-PICS 169,751.39
409-CAPITAL IMPR-INFO SYSTEMS 195.00
601-WATER FUND 123,144.31
602-SEWER FUND 331,366.44
603-STORM WATER FUND 15,603.57
609-MUNICIPAL LIQUOR 3,169.86
703-EMPLOYEE BENEFITS 2,071.74
704-SELF INSURANCE FUND 12,218.32
851-Senior-Advisory Council 177.05
Grand Total: 1,550,855.76
Account Summary
N Account Number Account Name Payment Amount
01 101-1110-632100 Legislative/Dues&Subscr... 20,716.00
101-1110-633120 Legislative/Communicatio... 6.66
101-1210-632120 Gen Mgmt/Conferences&.. 103.35 ,
101-1210-633120 Gen Mgmt/Communicati... 190.79
101-1212-631100 HR/Professional Services 399.00
101-1212-633120 HR/Communication(pho... 14.43
101-1213-632120 IT/Conferences&School 3,152.94
101-1213-633120 IT/Comm(phones,postag... 487.81
101-1213-635100 IT/Srvc Contracted,Non-p... 241.39
101-1216-632100 Elections/Dues&Subscrip... 145.71
101-1216-633120 Elections/Communication.. 41.47
101-1218-632100 City Clerk/Dues&Subscri... 129.20
101-1218-633120 City Clerk/Communication.. 6.77
101-1310-613130 Accounting/Unemployme... 1,205.10
101-1310-633120 Accounting/Communicati... 282.38
101-1312-631100 Assessing/Professional Se... 4,800.00
101-1312-633120 Assessing/Communication.. 15.70
101-132200 Due from HRA 9.95
101-141010 Inventory-Gasoline 14,643.27
101-141030 Inventory-Batteries/Tires 2,012.36
101-141040 Inventory-Misc.Parts 2,244.25
10/20/2016 4.03 08 PM Page 15 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Account Summary
Account Number Account Name Payment Amount
101-1410-621130 Non-dept/Operating Suppl.. 687.39
101-2110-611100 Police/Full Time Employee.. 376.75
101-2110-621100 Police/Fuels&Lubes 97.99
101-2110-621130 Police/Operating Supplies 997.92
101-2110-621140 Police/Supplies for Repair... 74.75
101-2110-631100 Police/Professional Servic... 17.51
101-2110-632120 Police/Conferences&Sch... 564.72
101-2110-633120 Police/Communication(p... 3,195.20
101-2110-634100 Police/Utility Services 316.77
101-2110-635100 Police/Services Contracte... 666.21
101-2110-635110 Police/Rentals 1,675.00
101-2111-635100 Police-Pawn/Services Con... 2,960.10
101-2113-621130 K-9 Program/Operating S... 137.80
101-2113-631100 K-9 Program/Professional... 373.53
101-212100 Federal Tax Withheld 45,891.13
101-212110 State Tax Withheld 17,841.38
101-212120 FICA Payable 31,171.54
101-212130 Medicare Payable 11,620.72
101-213100 PERA 72,883.25
r 101-213120 Charitable Contributions 41.55
N 101-213140 Health Insurance 39,806.60
101-213150 HRA/Veba&HSA Benefit-... 3,000.00
101-213160 Dental Insurance Payable 3,947.65
101-213260 Deferred Comp.-ICMA 457.. 12,609.67
101-213270 ICMA Roth IRA 1,808.08
101-213280 RHS Plan(ICMA) 225.00
101-213300 Child Support Withheld 1,327.82
101-213310 Garnishments Withheld 226.49
101-213330 Fridley Police Association 86.00
101-2150-633120 EM/Communication(phon... 31.63
101-221100 Deposits 200.00
101-2510-621110 Fire/Clothing/Laundry All... 571.55
101-2510-632100 Fire/Dues&Subscription,... 600.00
101-2510-633120 Fire/Communication(pho... 639.31
101-2510-634100 Fire/Utility Services 91.25
101-2510-635100 Fire/Services Contracted,... 2,383.11
101-3110-621110 Mun Ctr/Clothing/Laundry.. 263.67
101-3110-633120 Mun Ctr/Comm.(phones,... 104.04
101-3110-634100 Mun Ctr/Utility Services 4,678.56
101-3110-635100 Mun Ctr/Srvcs Contracted,.. 211.52
101-3140-632110 Eng/Transportation 8.00
101-3140-633110 Eng/Printing&Binding 385.70
1012012016 4:03:08 PM Page 19 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Account Summary
Account Number Account Name Payment Amount
101-3140-633120 Eng/Communication(pho... 151.88
101-3172-634100 Parks/Utility Services 2,664.43
101-3172-635100 Parks/Services Contracted... 5,941.00
101-3172-635110 Parks/Rentals 102.62
101-3174-621110 Streets/Clothing/Laundry... 89.00
101-3174-621140 Streets/Supplies for Repai... 612.84
101-3174-633120 Streets/Communication(... 54.41
101-3174-635100 Streets/Srvcs Contracted,... 600.00
101-3176-621140 Garage/Supplies for Repai... 62.12
101-3176-633120 Garage/Communication(... 199.85
101-3176-634100 Garage/Utility Services 316.74
101-3176-635100 Garage/Services Contract... 2,988.67
101-4100-633120 Rec/Communication(pho... 162.30
101-4100-635100 Rec/Services Contracted,... 6.99
101-4102-621130 Rec After School/Operati... 283.20
101-4150-633120 Sr Center/Communication 45.14
101-4151-621130 Sr Trips/Operating Supplies 714.00
101-5110-632120 Bldg Inspect/Conferences... 660.00
101-5110-633120 Bldg Inspect/Comm.(pho... 92.45
r 101-5110-635100 Bldg Inspect/Srvc Contrac... 1,135.00
N 101-5112-632110 Planning/Transportation 4.00
00 101-5112-633120 Planning/Communication... 211.55
101-5112-635100 Planning/Services Contrac... 1,096.00
101-5114-633120 Rental Inspect/Comm(ph... 101.86
225-1219-633120 Cable TV/Comm.(phones,... 7.31
237-5118-633100 Recycling/Advertising 319.00
237-5118-633120 Recycling/Communication... 17.61
237-5118-635100 Recycling/Services Contra... 23,079.45
270-4190-613130 SNC/Unemployment Corn... 27.48
270-4190-621130 SNC/Operating Supplies 38.52
270-4190-621140 SNC/Supplies for Repair&... 34.31
270-4190-633120 SNC/Comm,(phones,pos... 556.31
270-4190-634100 SNC/Utility Services 40.64
270-4192-621130 SNC Spec Events/Operati... 5.00
270-4192-633110 SNC Spec Events/Printing... 1,524.69
270-4192-635100 SNC Spec Events/Services... 900.00
405-3115-631100 Bldg CIP-MunCtr/Professi... 134,483.62
406-3174-631100 CIP Streets/Professional S... 9,741.04
406-3174-635100 CIP Streets/Services Contr... 15,250.08
406-3174-702100 CIP Streets/Improvements.. 373,191.58
407-3172-631100 CIP Parks/Professional Ser... 102,856.92
407-3172-633100 CIP Parks/Advertising 1,000.00
10120/2016 4:03:08 PM Paye 20 of 22
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Account Summary
Account Number Account Name Payment Amount
407-3172-701100 CIP Parks/Building 48,176.97
407-3172-702100 CIP Parks/Improvements... 17,717.50
409-1213-635100 IT Capital/Srvc Contracted,.. 195.00
601-6110-633120 Water Admin/Comm(ph... 2,927.56
601-6210-621140 Water Ops/Supplies for R... 7,030.69
601-6210-632100 Water Ops/Dues&Subscr... 105.00
601-6210-633120 Water Ops/Communicati... 328.40
601-6210-634100 Water Ops/Utility Services 22,328.56
601-6210-635100 Water Ops/Services Contr... 11,390.87
601-6210-635110 Water Ops/Rentals 126.45
601-6210-638140 Water Ops/Miscellaneous 528.00
601-6310-621140 Water CIP/Supplies for Re... 78,378.78
602-6110-633120 Sewer Admin/Comm(pho... 1,059.69
602-6210-621140 Sewer Ops/Supplies for R... 747.19
602-6210-632100 Sewer Ops/Dues&Subscr... 78.00
602-6210-634100 Sewer Ops/Utility Services 328,193.62
602-6210-635100 Sewer Ops/Services Contr... 1,287.94
603-6210-635100 Storm Ops/Services Contr... 10,003.57
603-6210-635110 Storm Ops/Rentals 3,600.00
603-6310-702100 Storm CIP/Improvements... 2,000.00
H+
N 609-6910-613130 Liq Storel-Cub/Unemplo... 249.65
609-6910-621110 Liq Storel-Cub/Clothing/L... 98.00
609-6910-633120 Liq Storel-Cub/Comm.(p... 0.66
609-6910-634100 Liq Storel-Cub/Utility Serv.. 1,413.74
609-6920-634100 Liq Store 2-65/Utility Serv... 1,390.81
609-6920-635100 Liq Store 2-65/Srvc Contra... 17.00
703-213340 Health Care Spending 2,071.74
704-7130-631100 Self Ins/Professional Servi... 5,577.42
704-7130-635100 Self Ins/Srvcs Contracted,... 6,640.90
851-232400 Sr-Advisory//Due to other... 177.05
Grand Total: 1,550,855.76
Project Account Summary
Project Account Key Payment Amount
**None** 755,960.26
211003 3,130.23
317205 45.19
317401 35.00
40515442 132,544.32
40516505 1,939.30
4061121 15,610.58
Page 21 of 22
10/20/20164:03:08 PM
Claims Council 10/24/16 Payment Dates:10/10/2016-10/21/2016
Project Account Summary
Project Account Key Payment Amount
4061501 184,361.81
4061601 198,210.31
40715389 169,751.39
4091561 195.00
419202 1,524.69
60116412 77,404.00
60116494 974.78
60116503 528.00
60314380 2,000.00
7041601 6,640.90
Grand Total: 1,550,855.76
W
•
10120/2016 4:03:08 PM °aye 22 of 22
AGENDA ITEM
11111
ridley CITY COUNCIL MEETING OF OCTOBER 24, 2016
ESTIMATE
Blackstone Contractors, LLC
775 Corcoran Trail East
Corcoran, MN 55340
Oak Glen Creek Project No. 380
Estimate No. 9 $ 2, 000.00
131
III
Fri CITY COUNCILAGENDA MEETINGITEM OF
JJJ
OCTOBER 24, 2016
Date: October 19, 2016
To: Walter T. Wysopal,City Manager
From: Scott Hickok, Community Development Director
Julie Jones,Planning Manager
Kay Qualley,Environmental Planner
Subject: Public Hearing to Consider Revision of Chapter 113, Solid Waste Disposal and Recycling
Collection
Background and Analysis
Fridley City Code Chapter 113,Solid Waste Disposal and Recycling Collection,contains outdated
language and some definitions which are inconsistent with State Statutes.The recommended text
amendments will rectify that,address some code enforcement issues and facilitate more accurate tonnage
reporting of source-separated materials diverted from Mixed Municipal Solid Waste as required by Anoka
County.
The legislature sets recycling goals,which Anoka County translates into annual goals for their cities to
accomplish through programming and reporting of tonnage diverted.By 2030,the State requirement for
Anoka County is for the collection of 75%of recyclable items pre-sorted out of Mixed Municipal Solid
Waste.Minnesota Statute 115A.551 describes recycling as broadly meaning yard waste and source-
separated compostable materials(more commonly known as organics),composting and recycling that
occurs through mechanical or hand separation of materials that are then delivered for use in
manufacturing processes that do not cause the destruction of recyclable materials in a manner that
precludes further use. The State average right now is around 46%of recoverable items diverted from
Mixed Municipal Solid Waste.
In order to achieve this 2030 State goal for source-separated materials,Fridley plans to increase diversion
rates to 60%of the tonnage coming from recycling programs(the glass,plastics,metal and paper streams)
and to obtain the remaining 15%from the collection of organics as pre-sorted out of Mixed Municipal
Solid Waste.Organics are a compostable commodity(e.g.banana peels and paper plates)which can be
used in the manufacture of compost,much like the items collected in the City recycling program,which
are re-used in a manufacturing process.
132
State Statute 115A.411 (5)states that, "Encouraging the source separation of materials to the extent
practicable, so that the materials are most appropriately managed and to ensure that resources that can be
reused or recycled are not disposed of or destroyed"is part of overall solid waste management. Each
city's plans for the recovery of source-separated materials must be verified by reporting to Anoka County
twice annually,which now includes reporting categories for yard waste tonnage as well as source-
separated compostable materials(organics)tonnage pre-sorted out of the Mixed Municipal Solid Waste
stream.
Recommended text amendments to Chapter 113 include improvements for:
• Addressing code enforcement issues such as burning of garbage and recyclables or not allowing
outdoor storage of bags of leaves in view of the public right of way
• Liability insurance requirements need to be updated for licensees
• Improving the reporting of tonnage diverted from Mixed Municipal Solid Waste by the various
licensees to more closely match Anoka County's required format
• Licensing categories need to expand based on changes in the industry and State waste goals.
Currently,the City license structure is not set-up to permit yard waste removal services and
reporting. Establishing a license category for the collection of yard waste will rectify that
omission.
• Establishment of a limited Organics collection license toward the development of a future pilot
project and to obtain records of the diversion of compostables(organics)tonnage diverted from
Mixed Municipal Solid Waste.
Budget/Impact
Staff oversight of new licensing categories will be supervisory in nature and conducted within their
existing responsibilities.
Recommendation
Staff recommends that Council moves to accept and approve the revisions to Chapter 113, as these
amendments will aid City code enforcement efforts,reduce phone calls and questions about this Chapter.
These changes will also help the City provide more accurate tonnage reporting to Anoka County and
demonstrate City commitment to 2030 source-separated diversion goals.
133
2016 Minnesota Statutes
115A.551 RECYCLING.
Subdivision 1.Definitions.
(a) For the purposes of this section, "recycling" means, in addition to the meaning given
in section 115A.03, subdivision 25b, yard waste and source-separated compostable materials
composting and recycling that occurs through mechanical or hand separation of materials
that are then delivered for use in manufacturing processes that do not cause the destruction of
recyclable materials in a manner that precludes further use.
(b)For the purposes of this section, "total solid waste generation" means the total by
weight of:
(1)materials separated for recycling;
(2)materials separated for yard waste and source-separated compostable materials
composting;
(3)mixed municipal solid waste plus motor and vehicle fluids and filters, tires, lead acid
batteries, and major appliances; and
(4)residential waste materials that would be mixed municipal solid waste but for the
fact that they are not collected as such.
Subd. 2.
[Repealed, 2014 c 312 art 13 s 48]
Subd. 2a.County recycling goals.
(a)By December 31, 2030, each county will have as a goal to recycle the following
amounts:
(1) for a county outside of the metropolitan area, 35 percent by weight of total solid
waste generation; and
(2) for a metropolitan county, 75 percent by weight of total solid waste generation.
(b)Each county will develop and implement or require political subdivisions within the
county to develop and implement programs, practices, or methods designed to meet its
recycling goal. Nothing in this section or in any other law may be construed to prohibit a
county from establishing a higher recycling goal.
(c)Any quantified recyclable materials that meet the definition in subdivision 1,
paragraph(a), or section 115A.03, subdivision 25a, are eligible to be counted toward a
county's recycling goal under this subdivision.
134
Subd. 3.Interim goals; nonmetropolitan counties.
The commissioner shall establish interim recycling goals for the nonmetropolitan
counties to assist them in meeting the goals established in subdivision 2a.
Subd. 4.Interim monitoring.
The commissioner shall monitor the progress of each county toward meeting the
recycling goals in subdivision 2a. The commissioner shall report to the senate and house of
representatives committees having jurisdiction over environment and natural resources as
part of the report required under section 115A.411. If the commissioner finds that a county is
not progressing toward the goals in subdivision 2a, the commissioner shall negotiate with the
county to develop and implement solid waste management techniques designed to assist the
county in meeting the goals, such as organized collection, curbside collection of source-
separated materials, and volume-based pricing.
Subd. 5.Failure to meet goal.
(a)A county failing to meet the interim goals in subdivision 3 shall, as a minimum:
(1)notify county residents of the failure to achieve the goal and why the goal was not
achieved; and
(2)provide county residents with information on recycling programs offered by the
county.
(b) If, based on the recycling monitoring described in subdivision 4, the commissioner
finds that a county will be unable to meet the recycling goals established in subdivision 2a,
the commissioner shall, after consideration of the reasons for the county's inability to meet
the goals, recommend legislation for consideration by the senate and house of representatives
committees having jurisdiction over environment and natural resources and environment and
natural resources finance to establish mandatory recycling standards and to authorize the
commissioner to mandate appropriate solid waste management techniques designed to meet
the standards in those counties that are unable to meet the goals.
Subd. 6.County solid waste plans.
Each county shall include in its solid waste management plan described in section
115A.46, or its solid waste master plan described in section 473.803, a recycling
implementation strategy for meeting the recycling goal established in subdivision 2a along
with mechanisms for providing financial incentives to solid waste generators to reduce the
amount of waste generated and to separate recyclable materials from the waste stream.
Subd. 7.Recycling implementation strategy.
135
Each county shall submit to the commissioner for approval the recycling
implementation strategy required in subdivision 6. The recycling implementation strategy
must be submitted by October 31, 1995,. and must:
(1) be consistent with the approved county solid waste management plan;
(2) identify the materials that are being and will be recycled in the county to meet the
goals under this section and the parties responsible and methods for recycling the material;
(3)provide a budget to ensure adequate funding for needed county and local programs
and demonstrate an ongoing commitment to spending the money on recycling programs; and
(4) include a schedule for implementing recycling activities needed to meet the goals in
subdivision 2a.
136
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 113. SOLID WASTE
DISPOSAL AND RECYCLING COLLECTION
The Fridley City Council hereby finds after review, examination and recommendation of staff
and public hearing that Chapter 113 of the Fridley City Code pertaining to solid waste disposal
and recycling be hereby amended as follows:
FRIDLEY CITY CODE
CHAPTER 113. SOLID WASTE DISPOSAL, ORGANICS AND RECYCLING
COLLECTION
113.01.DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this Chapter and
the following words and terms wherever they occur in this Chapter are defined as follows:
1. Approved
Accepted by the City following its determination as to compliance with established public health
practices and standards.
2. Commercial Establishment
Any premises where a commercial or industrial enterprise of any kind is carried on and shall
include, but is not limited to, clubs, churches and establishments of nonprofit organizations
where food is prepared or served or goods are sold.
3. Compost
A mixture of decaying organic matter in a contained area.
4. Composting
Any above ground microbial process that converts yard waste and other allowable materials into
an organic soil additive or mulch by decomposition of material through an aerobic process
providing adequate oxygen and moisture.
5. Dwelling Unit
A single unit providing complete independent living facilities for one(1) or more persons, •
including permanent provisions for living, sleeping, eating, cooking, and sanitation. A separatc
137
Ordinance No.
Page 2
6. Front Yard Setback
The minimum distance between the front line of a lot and a structure located on that lot.
7. Licensed Solid Waste Hauler
Any person or entity engaged in the collection and transportation of solid waste in the City of
Fridley and holding a valid solid waste hauling license from the City.
8. Mixed Municipal Solid Waste
Garbage, refuse, and other solid waste, except construction and demolition waste, from
residential, commercial, industrial, and community activities that the generator of the waste
aggregates for collection, as defined in Minnesota State Statutes Chapter 115A.
9. Multiple Dwelling Unit
A residential structure with five or more dwelling units.
10. Person.
Any person, firm,partnership, association, corporation, company or organization of any kind.
11. Public Nuisance
A condition which unreasonably annoys, injures or endangers the safety, health, comfort, or
repose of a considerable number of members of the public.
12. Recyclable Materials.
Materials that are separated from mixed municipal solid waste for the purpose of reprocessing,
including, but not limited to, metal, paper, glass, plastics, and textiles. This does not include
material used to create refuse-derived fuel or material that is destroyed by incineration. Referred
to as "recyclables".
13. Recycling
The process of collecting and preparing marketable materials and reusing the materials in their
original form or using them in manufacturing processes that do not cause the destruction of
materials in a manner that precludes further use.
138
Ordinance No. Page 3
14. Recycling Collector.
Any person or entity engaged in collecting, transporting, and processing of recycled materials
from residential or commercial sites in the City and holding a valid recycling collection license
issued from the City.
15. Residential Properties.
Attached and detached single-, double-, triple- and quadruple-dwelling units and mobile
manufactured homes.
16. Solid Waste.
Garbage, refuse, construction and demolition debris and other discarded matter in solid form,but
not including hazardous waste.
17. Source-Separated Compostable Materials.
Food wastes,plant materials, and paper that is not otherwise recyclable as defined in Minnesota
State Statutes Chapter 115A that are:
a. Separated at the source by the waste generator for the purpose of transporting them to a
commercial compost manufacturing facility;
b. Collected separately from mixed municipal solid waste and are governed by the
licensing provisions of section 115.93;
c. Delivered to a facility to undergo controlled microbial degradation to yield a humus-
like product meeting the Pollution Control Agency's class I or class II, or equivalent,
compost manufacturing standards and where process rejects do not exceed 15 percent
by weight of the total material delivered to the facility; and
d. May be transferred to a licensed compost manufacturing facility,unless the
Commissioner of the Pollution Control Agency determines that no other person is
willing to accept the materials.
Also referred to as "organics".
178. Yard Waste.
Garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings.Grass
.. _ , -. , - -. - . . - - - , .. - _
113.02 SOLID WASTE DISPOSAL
It is unlawful for any person to throw or deposit solid waste, yard waste, tree waste or
recyclables on any property within the City, except that the owner may maintain receptacles for
139
Ordinance No. Page 4
collection of such items,provided such receptacles meet the requirements of Sections 113.04,
113.05, and 113.06. The owner of any private property, whether occupied or vacant, shall at all
times maintain the premises free of litter.No person shall dispose of solid waste upon any lands
in the City of Fridley, except that composting may be conducted if in full accordance with the
terms of Section 113.09. No person shall burn mixed municipal solid waste, yard waste, organics
or recyclables within the City.
113.03 FREQUENCY OF COLLECTION
Mixed municipal solid waste and organics must be collected a minimum of once a week, or more
frequently if necessary,by a licensed solid waste hauler from all property within the City.
113.04 CONTAINMENT OF SOLID WASTE
The owner of any dwelling unit or commercial establishment must provide and maintain on
premises sufficient containers for the storage of all solid waste accumulated on the premises
between collections. Each such container shall be durable, watertight, impervious to insects and
rodents, and shall have a close-fitting, fly-tight lid. ' - • '. . - _. . _ .
113.05 CONTAINMENT OF YARD WASTE
Yard waste may be stored in containers provided by a licensed yard waste hauler, compostable
bags, contained in a trailer,or bundles .. ' - - • _ . . . - - . '- - _. . - . -
contractors. for no more than one week.
113.06 CONTAINMENT OF ORGANICS
Organics shall only be stored by residents in special organics bags designed to breakdown during
composting. They shall be stored for collection in containers provided by the licensed organics
hauler for no more than one week in a container with a close-fitting, fly-tight lid equipped with
odor-limiting features.
113.067 CONTAINER SCREENING/PLACEMENT
1. Commercial Establishments and Multiple Dwelling Units
Any bulk er-bo a container or dumpster used for the storage of mixed municipal solid
waste,recyclables, or sempestables organics must be screened from view of the public right-
of-way,public park or residential area. Any bulk container or dumpster located inside a
building for collection of mixed municipal solid waste must be metal for fire safety. Laundry
rooms must have metal cans with metal lids for collection of mixed municipal solid waste.
Recycling containers less than one(1) cubic yard in capacity do not need to be screened from
view of the public right-of-way,provided there are less than six containers at a given
140
Ordinance No. Page 5
location,but must be placed on a paved surface. Baled recyclables must be stored out of view
from the public right-of-way other than a 24-hour time period before a scheduled collection.
Screening shall consist of a solid fence or wall not less than six (6) feet high in the side and
rear yards and shall not extend to within fifteen(15) feet of any "street right-of-way" line.
Mixed municipal solid waste, organics and recyclables container enclosures must be
constructed in a manner that does not prevent residents or haulers from accessibility to other
containers placed therein. Plantings may be used in addition to, or in lieu of, fencing. If
plantings are used to meet screening requirements, the type, size and location of such
plantings must be approved by the City Community Development Director or designee.
The screening requirements shall be satisfied by the use of a screening fence or planting
screen according to the following standards:
A. Plantings shall not be placed so as to obstruct lines of sight at street corners and
driveways.
B. A screening fence shall be attractive, in a state of good repair, and compatible with the
principal building and the surrounding land use.
C. A planting screen shall consist of a closely grown hedge, shrubs,a row of trees,
evergreens or other vegetation approved by the City Community Development Director
or designee and shall be kept weeded, watered and maintained in good health. .
D. If the topography, natural growth of vegetation,permanent buildings or other barriers
meet the standards for screening as approved by the City, they may be substituted for all
or part of the screening fence or planting screen.
E. If a four-sided enclosure is necessary to screen a solid waste container from the public
right-of way, doors, allowing for removal of the container,must be constructed of durable
material in a location that allows for safe material pickup, and shall be maintained in
in an attractive,well-kept condition. The doors must be constructed
so that residents or commercial establishments may easily access solid waste, recycling,
yard waste and organics dumpsters and containers within.
2. Residential Properties
Wheeled C—containers used for the storage of mixed municipal solid waste,recyclables, yard
waste and eempestables organics may be placed at the curb,but not in the public drive area
of the right-of-way, for collection from 5:00 pm the day prior to collection until 9:00 pm the
day of collection. Containers must not be stored between weekly collections in the front yard
setback.
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Ordinance No.
Page 6
113.078 CONSTRUCTION WASTE BINS
An uncovered bulk waste container or dumpster :: - : :'• may shall not be
located on any premises for the purpose of collecting construction waste from the premises on
which such container is placed for more than three(3) consecutive months. Construction
dumpsters or bulk waste bins shall not be placed on the street,but must be located on the
driveway or yard of the property generating the construction waste.
113.089 YARD WASTE SORTING AND DISPOSAL
A person may not place yard waste in mixed municipal solid waste, in a disposal facility, or in a
resource recovery facility except for the purpose of reuse or composting, in accordance with
Minnesota Statutes Chapter 115A.931. Yard waste is not collected by the City and must be
disposed of though collection by a licensed yard waste hauler or disposed of through backyard
composting or by the property owner self-hauling it to a commercial composting facility.
113.9910 COMPOSTING
Composting is permitted on residential or d City-approved properties in designated
areas,provided the following conditions are met:
1. Only the following materials may be placed in a compost area: grass clippings, leaves,
herbaceous garden wastes,raw fruit and vegetable food scraps, chipped tree waste, sawdust,
evergreen cones and needles, or additional materials approved by the City
Under no circumstances may any of the following items be placed in a residential or public
compost area: meat, bones, grease, eggs, dairy products, or human or pet feces.
2. A compost area must be fully confined within a fenced area or enclosed structure.
3. A compost area must be located and designed so that seepage from the compost will not
funnel off into public or private streets, storm sewers, drainage ditches, water retention
basins, wetlands, streams, lakes, or ponds. No compost area may be placed within twenty-
five(25) feet of any body of water or area designated as flood plain, shore land or state
protected wetlands.
4. A compost area may not be located in any front yard and must be at least five(5) feet from
any side or rear lot line and be no closer than 20 feet from any dwelling unit located on
adjacent property.
5. A residential compost area may not exceed 5 cubic yards in volume and may not exceed five
(5) feet in height.
6. The compost must be managed according to standard compost practices,providing air
circulation within the compost structure to prevent combustion and aeration often enough to
prevent the generation of odors and the generation of a public nuisance.
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Ordinance No. Page 7
7. Yard Waste for the purposes of composting may not be stored in the yard in plastic or other
types of bags.
113.101 SOLID WASTE ABATEMENT PROGRAM AND FEE
In order to meet the requirements of State Waste Abatement Laws, the City of Fridley has
established a Solid Waste Abatement Program(SWAP). This program includes residential
curbside recycling collection services and other programs approved by the City that provide
means for Fridley residents to reduce their amount of waste. In order to fund these waste
abatement programs, the City of Fridley charges a solid waste abatement fee on the utility bills
of each single through 12-unit dwelling unit provided recycling service by the City. The amount
of the fee is set by resolution by the City Council. Solid Waste Abatement Fee revenues shall be
placed in the Solid Waste Abatement Fund and shall only be expended on solid waste abatement
program activities.
113.112 RECYCLING COLLECTION
1. Residential Properties and Multiple Dwelling Units.
A. Residential Properties
The City of Fridley will provide for the collection of recyclables from all residential properties.,
single unit through 12-unit multiple dwellings as required in Chapter 115A of Minnesota State
Statutes.
B. Multiple Dwelling Units
Owners of multiple dwelling structures of 13 or more units shall provide at least monthly
collection of four(4)broad categories of recyclables by a city-licensed recycling collector.
Recycling categories include,but are not limited to,paper, glass,plastic and metal. Opo
- -- . . •. - • ---• . . . .. :. . . .. . .. . _. - . _., .
•
• •• - • • - - •. -• -- •. • =. Containers designated for the collection of recyclables
at a multiple dwelling unit must be clearly labeled as to what materials may be placed in it and
the containers must be placed in a location that is as convenient to use as the Mixed Municipal
Ssolid Wwaste collection dumpster or containers on site. Recycling containers must also be kept
accessible year-round, including the removal of snow within 24 hours after a snowfall of more
than 3 inches. Owners must also keep recycling carts or dumpsters clean and free from
contamination, such as Mixed Municipal Solid Waste or Organics.
2. Commercial Establishments
Pursuant to Minn. Stat. Section 115A.151, owners of commercial establishments shall ensure
that at least three(3)recyclable materials such as,but not limited to,paper, glass,plastic, and
metal are collected from its facilities and that those collected materials are transferred to a city-
licensed recycler. Recyclables in carts, containers and dumpsters must be placed in close
proximity to Mixed Municipal Solid Waste carts, containers and dumpsters to make recycling
143
Ordinance No. Page 8
equally accessible to persons who are disposing materials. If dumpsters are used to collect
recyclables,they must be located in proximity to dumpsters for Mixed Municipal Solid Waste
and both clearly labeled to make recycling equally accessible to persons who are disposing of
materials.
113.13 ORGANICS COLLECTION
The City of Fridley will provide for the collection of organics from all residential properties 1-4
who voluntarily opt to participate in the fee-based collection program. Organics containers must
be kept on a hard surface so that they may remain accessible to residents and the haulers year-
round, including the removal of snow within 24 hours after a snowfall of more than 3 inches and
observe set-back rules as for solid waste and recycling containers.
Residents from residential properties who do not opt-in to the organics program, along with
residents in multiple dwelling units may take their organics to State authorized drop sites,
including those located and available in Anoka County.
113.124 SCAVENGING
It shall be unlawful for unauthorized persons to collect, remove or recyclable
dispose of
p
materials after said materials have been placed or deposited for collection without a license from
the City and an account relationship with the owner or occupant of the premises. Responsibility
for and ownership of recyclable materials remains with the person who placed the materials out
for collection until collected by a licensed recycling collector, at which time,the ownership and
responsibility passes to the recycling collector.
113.135 RECYCLING,YARD WASTE AND ORGANICS COLLECTORS' AND SOLID
WASTE HAULERS' REGULATIONS
1. License Requirement.
No person shall engage in collecting or conveying solid waste, organics or recyclable
material from any premises, other than their own dwelling-unit-property, in the City unless
that person holds a valid license hereunder. Each such vehicle so used must be licensed.
2. License Classifications.
Applicants for licenses issued hereunder shall be issued to collectors for the following classes
of operations:
Class I- Residential Solid Waste Collection Vehicle
Class II - Commercial Solid Waste Collection Vehicle
Class III - Recycling Collection Wilkie
Class IV—Construction and Demolition Waste Collectionspor�o e
Class V—Yard Waste Collection
Class VI—Organics Collection
144
Ordinance No. Page 9
3. Class I through Class V License Procedure.
A. The provisions of Chapter 11, License and Permit, of the City Code, including the license
fee shall apply to all licenses required by this Chapter and to the holders of such license.
The term of each license hereunder shall be for not more than one year and shall expire
on April 30 each year. The application for license or renewal of license shall contain a
description of the types and makes of the motor vehicles used for collection, a description
of what types of collection services will be provided, approximate number of customers
served, schedule of charges which will be made for hauling, a schedule of residential
solid waste collection routes, location of where the material collected will be disposed of,
detailed description of any containers the hauler plans to provide their customers and any
other information the City of Fridley shall require.
B. Applicants for all license classifications shall file with each application a certificate of
insurance for general liability coverage for the licensee of at minimum $500,000
$1,000,000 per occurrence and automobile liability coverage for each vehicle to be used
in the amount of$-500;000 $1,000,000 or more per accident. Every licensee shall also
carry Workers' Compensation Insurance for all of its employees. Each policy shall
provide that it shall not be cancelled or terminated for any reason without at least ten(10)
days written notice thereof first being given to the City.
C. Applications for license hereunder shall be submitted to the City for review and
recommendation. If the City Council is satisfied that the health, safety and welfare of the
public will be served, it may grant a license to any such application meeting the
requirements of this Chapter.
D. Class VI Organics Collection License Procedures.
1. Residential Properties. Only a hauler who has a current contract with the City for
organics collection from residential properties is eligible for an Organics Collection
license for residential properties. The initial license term for a residential property
organics collection license shall follow the initial term set forth in the organics
collector's current contract for service with the City. Thereafter, the term of each
organics collection license shall not be for more than one year and shall expire on
April 30 of each year. The application for license or renewal of license shall contain
the information set forth in Section 113.13.
2. Commercial Establishments and Multiple Dwelling Units. Application and issuance
of licenses for Class VI Organics Collection from commercial establishments and
multiple dwelling units shall be governed by Section 113.15.3.A through 113.15.3.0
of this Chapter.
4. Hours of Collection.
No person engaged in collecting and hauling solid waste, yard waste, organics or recyclable
materials from residential areas within the City of Fridley shall do so before 6:30 A.M. or
145
Ordinance No. Page 10
after 8:30 P.M. Monday through Saturday. Furthermore, collecting and hauling from
commercial,business, industrial, or other such establishments shall not create a nuisance for,
adjacent residential areas.
5. Vehicles.
A. _ - • -- • . . . _ • - . . _ . .
' . ., '- -__ '- - - -- •- • - - -- -. . : . . _. . . _ _ •.. - Any
sell vehicle, while it is used by the licensee in the City of Fridley, shall have the name of
the licensee clearly printed on both sides. Said lettering shall be at least three(3) inches
in height and the color of the lettering and of the background shall be contrasting.
B. Each vehicle used to haul mMixed mMunicipal Ssolid Wwaste in the City of Fridley
shall be licensed by the regional waste authority and such license shall be maintained for
the entire term of the City license. Each licensed vehicle shall have attached a decal
issued by the base County, showing the current regional registration. Each vehicle used to
haul recyclables, yard waste, organics or construction/demolition waste in the City of
Fridley must display the decal issued by the City of Fridley. Expired or otherwise invalid
decals shall be removed from the vehicle.
C. Each vehicle licensed for hauling Mixed Municipal Ssolid Wwaste, yard waste, organics
or recycling must have a tight cover that is operated and maintained as to prevent
offensive odors or spillage. The loading space of every solid waste vehicle licensed
hereunder shall be leak proof. Every vehicle shall be equipped with the necessary hand
tools for cleaning up spills.
D. Every vehicle licensed hereunder shall be kept well painted, clean and in good repair.
Every such solid-vaste vehicle used for collecting Mixed Municipal Ssolid Wwaste1
organics, yard waste or recyclables shall be cleaned every week, or more often if
necessary,to prevent persistent odors.
E. Recyclables, organics,yard waste and Mixed Municipal Ssolid wWaste shall be loaded
so that none of such materials can jar loose and fall to the ground or street when the
vehicle is in motion. Loose paper, trash, and similar materials shall be so secured that
they cannot be displaced by the wind or fall out of the vehicle.
F. All licensed vehicles shall be equipped with a back-up warning device that complies with
all applicable OSHA, Minnesota Statutes, or Minnesota Department of Transportation
regulations.
G. No person shall at any time park or store any recycling, organics, yard waste or Mixed
Municipal Ssolid wWaste collection vehicle on any premises zoned for use as a single or
multiple residence dwelling, within one hundred (100) feet of any aforementioned
premises, or within two hundred(200) feet of any food establishment, for purpose other
than, or for periods inconsistent with,providing recycling, organics,yard waste or solid
waste collection at said premises. No person shall at any time park or store any loaded or
146
Ordinance No. Page 11
partially loaded recycling, organics, yard waste or Mixed Municipal Ssolid Wwaste
collection vehicle on any premises within the City, except for the purpose of and for
periods consistent with,providing recycling, organics, yard waste or Mixed Municipal
Ssolid Wwaste collection at that parcel of property.
6. Container Placement
Containers used for the storage and collection of Mixed Municipal Ssolid waste,recyclables,
organics or yard wastes must be returned to the private driveway of the customer upon
collection of the container contents.
7. Volume Based Fees.
As required by Minnesota Statutes Chapter 115A.93, Subd.3,the City requires all licensed
Mixed Municipal Ssolid Wwaste collectors and haulers to establish a volume-based or
weight-based fee system for all customers. This means a licensee has established a multiple
unit pricing system that ensures that amounts of waste generated in excess of the base unit
amount are priced higher than the base unit price. In addition, any licensee offering use of
Mixed Municipal Ssolid Wwaste storage carts to their customers must also give customers a
choice of a cart size less than 60 gallons in size upon request.
8. Disclosure of Waste Destination.
As required in Minnesota State Statutes 115A.9302, any person licensed to transport Mixed
Municipal Ssolid Wwaste, organics, yard waste or recyclables in the City of Fridley must
disclose the final destination(s) of twhat waste is collected,by category to their customers on
an annual basis.
9. Recycling Requirements Enforcement
. --. . . _ .. • . . ... . Y. _ - .. . ..• .. . , ., .
-- - • - - - .. . -- . . . - - • -- . • - . - . A violation of this section of code is
a misdemeanor. The owner of a building or premises in or upon which a violation of any
provisions of this Chapter has been committed, or shall exist; or the lessee of the entire
building or entire premises in or upon which a violation has been committed or shall exist; or
the owner or lessee of any part of the building, or premises in or upon which such violation
has been committed or shall exist, shall be guilty of a misdemeanor, and subject to all
penalties provided for such violations under the provision of Chapter 901 of this Code each
147
Ordinance No. Page 12
and every day that such violation continues. Any such person who,having been served with
an order to remove any such violation, shall fail to comply with said order to remove any
such violation, within ten(10) days after such service, or shall continue to violate any
provisions of the regulations made under authority of Chapter 901 in the respect named in
such order shall be guilty of a misdemeanor and subject to all penalties provided for such
violations under the provisions of Chapter 901 of this Code. Each day that such violation
continues shall be a separate violation.
10. Reports.
All applicants for licenses hereunder who provide recycling, yard waste and organics
collection services to single tehorough multiple dwelling units in the City shall submit semi-
annual reports to the City detailing the weight of res3elables by material type collected. A
report for January through June recycling collections shall be submitted by the following July
15. A report for recycling collections from July through December shall be submitted by the
following January 15. Reports shall be submitted to the City Community Development
Director or designee in the format specified by each license.
11. Revocation of License
Any license issued hereunder may be revoked or suspended by the City Council for any of
the following causes following a hearing before the City Council upon due notice to the
licensee, stating the time and place of such hearing, together with a statement of the violation
alleged to be the cause for the revocation or suspension of the license.
A. Fraud,misrepresentation, or incorrect statement contained in the application for license,
or made in carrying on the licensed activity.
B. Conviction of any crime or misdemeanor pertaining to license held.
C. Conducting such licensed activity in such manner as to constitute a breach of the peace,
or a menace to the health, safety and welfare of the public, or a disturbance of the peace
or comfort of the residents of the City,upon recommendation of the appropriate City
official.
D. Expiration or cancellation of any required bond or insurance, or failure to notify the City
within a reasonable time of changes in the terms of the insurance or the carriers.
E. Actions unauthorized or beyond the scope of the license granted.
F. Violation of any regulation or provision of this code applicable to the activity for which
the license has been granted, or any regulation or law of the State so applicable.
G. Failure to continuously comply with all conditions contained in this Code.
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Ordinance No. Page 13
113.1416 FEES
The license fee and expiration date shall be provided in Chapter 11 of Fridley City Code.
113.157PENALTIES
Any violation of this Chapter is a misdemeanor and subject to all penalties provided for such
violation under the provisions of Chapter 901 of this Code.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2016.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing:
First Reading:
Second Reading
Publication:
149
AFFIDAVIT OF PUBLICATION CITY OF FRIDLEY
PUBLIC HEARING BEFORE
STATE OF MINNESOTATHE CITY COUNCIL
COUNTY OF ANOKA )ss (LEGAL NOTICE)
Notice is hereby given that the
will
Charlene Vold being duly sworn on an oath, Councilld apublic heatingof the atithe City
9
states or affirms that he/she is the Publisher's Municipal Center, 6431 University
Designated Agent of the newspaper(s)known Avenue eastet
ony,O -
toter 24North,2016,at 7:00 p.m.MondaThce
as:
public hearing is to consider a text
amendment to Chapter 113 of the
SF Columbia Heights/Fridley City Code entitled Solid Waste Dis-
posal and Recycling Collection.
with the known office of issue being located a All
ppear Intt thereestedabove personsdateand tishould
me.
in the county of: Hearing impaired persons planning
ANOKA to attend who need an interpreter or
with additional circulation in the counties of: other persons with disabilities who
require auxiliary aids should con-
ANOKAand has full knowledge of the facts stated later tact man Ocberta tober 8at 520 s T00 he
below: TDD number is 763-572-3534
(A)The newspaper has complied with all of matterot1 oha`ing an interest in this
e
k
the requirements constitutingqualifica- knoownwn should mace at this public hearintheng.nterest
.
tion as a qualified newspaper as provided Dated this 7th day of October
by Minn. Stat.§331A.02. 2016.
(B)This Public Notice was printed and pub- iit Dire A.Skogen
lished in said newspaper(s) Cleric
once each Published in the
week, for 1 successive week(s); the first Columbia Hgts-Fridley Sun Focus
insertion being on 10/14/2016 and the last October 14,2016
insertion being on 10/14/2016. 608084
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause(1) or(2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: \P-J-Z,
Designated Agent
' Subscribed and sworn to or affirmed before
me on 10/14/2016 by Charlene Vold.
L Je A
Notary Public
•
IMARLENE M..MITCHELL
31,," Notary Public-Minnesota
My Commission Expires Jan 31,2020
Rate Information:
(1)Lowest classified rate paid by commercial users
for comparable space:
$25.40 per column inch
Ad ID 608084
150 .
AGENDA ITEM
`11111/
`�°� CITY COUNCIL MEETING OF
Fridley
OCTOBER 24, 2016
Date: October 19, 2016
To: Walter T.Wysopal, City Manage2%ie
From: Scott Hickok,Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Public Hearing—to consider opting out of Subdivision 9 of Minnesota Statues,Section
462.3593; Permitting Temporary Health Care Dwellings
BACKGROUND
The purpose of this public hearing request is to adopt an ordinance opting out of recently approved state
legislation requiring cities to allow temporary family health care mobile dwelling units to be placed on
property to serve as temporary family health care dwellings. The law was put into place to provide
temporary transitional housing for those with mental or physical disabilities. The legislation includes a
provision for cities and counties to opt out, and the attached draft ordinance is based on the model
ordinance drafted by the League of Minnesota Cities.
Because this law is a zoning type matter, the City's Attorney advised staff to follow the normal zoning
procedures for approval, which includes holding a public hearing at the Planning Commission, followed by a
subsequent public hearing at the City Council,followed by a first and second reading of the ordinance.
ANALYSIS
Unless a city opts out of the new law, temporary family health care dwellings become a mandatory
permitted use provided they follow the criteria established within the state law. The new law sets forth a
short term care alternative for a "mentally or physically impaired person", by allowing them to stay in a
temporary dwelling on a relative's or caregiver's property. The law has specific definition of temporary
family health care dwellings, caretaker, and mentally or physically impaired person. It also provides specific
rules and regulations that allow these dwellings as permitted temporary uses on residential properties.
Some of those regulations include:
• The structure must be primarily pre-assembled;
• Cannot exceed 300 gross sq.ft.;
• Cannot attach to a permanent foundation;
• Must be universally designed and meet state accessibility standards;
• Must provide access to water and electrical utilities (by connected to principal dwelling or by other
comparable means);
• Must have compatible standard residential construction exterior materials;
• Must have a minimum insulation of R-15;
• Must provide an executed contract for septic system management;
• Unit must be located on property where the caregiver or relative resides;
• Unit must comply with all structure setback requirements;
• Limited to one occupant who is mentally or physically impaired;
151
• Written Certification signed by a Minnesota licensed physician, physician assistant or advanced
practice registered nurse that the individual with the mental or physical impairment needs
assistance performing two or more instrumental activities of daily life
• Permit valid for six months with ability to apply for a onetime 6-month extension
STAFF CONCERNS
The new law may be well-intended, but from a staff perspective there are many concerns that are not
adequately addressed through the new law. Allowing two dwelling units (even if temporary) on a parcel
that is zoned for one dwelling and the requirement that the temporary structure comply with setback
requirements are two of the concerns. The structures aren't allowed to be placed in the driveway and our
code requires a 25 ft.front yard setback, a 10 ft. side yard setback for living space and a 5 ft. setback for an
accessory structure; so for most lots in the Fridley,the rear yard would likely be the only place the structure
could be placed. This becomes a concern for our Police and Fire departments, because they want to make
sure there is adequate room to access the structure in case of an emergency.
Safety of the occupant also becomes a concern because the structures aren't required to meet state
building, plumbing, and electrical requirements. Structures such as RV's aren't allowed to be lived in within
the City because they don't comply with the above listed requirements. Two additional concerns are the
$100 fee the state is requiring, which will not cover the City's costs associated for approving this permit and
HIPPA data privacy laws related to the information the law requires the City to obtain from the impaired
persons' physician.
Many other cities within the metro are opting out of this new law(see attached table). Some cities are
opting out to obtain additional time to further study this issue to see if there is a need for these types of
units within their cities. While some other cities already have ordinances that allow Accessory Dwelling
Units(mother-in-law apartments)on residential properties, either within the existing home or attached or
detached from the principal structure. These ordinances then specify the standards and requirements for
the units and address the concerns that staff listed above. Staff would be interested in exploring adoption
of an ordinance to allow Accessory Dwelling Units, if the Council wants us to.
Attached for your review, is a summary of the law and its impacts to cities from the League of Minnesota
Cities and an article recently published in the Star Tribune.
PLANNING COMMISSION RECOMMENDATION
At the September 21, 2016 Planning Commission meeting, a public hearing was held to consider opting out of
the new State legislation requiring cities to allow temporary family health care dwellings. No one from the
public addressed the Planning Commission. After a brief discussion,the Planning Commission made a motion
to approve the ordinance to opt-out of Minnesota State Statute 462.3593.
The motion was approved unanimously.
STAFF RECOMMENDATION
City staff recommends concurrence with the Planning Commission and that the Council hold a public
hearing to opt-out of new State legislation requiring cities to allow temporary family health care dwellings.
152
Survey of Surrounding Cities
CITY OPT-OUT? COMMENTS
�, : 2,• v y�3 t "'. r •
Columbia Heights Yes Council in support
t.
�:a ar€aK -A'
Crystal Yes Council wants to evaluate other options
`_av,; ;.
Hopkins Yes Council wants to have proper time to research and determine how
do address this issue
Lakeville Yes
New Brighton Ordinance in process to opt-out Council wants to evaluate other options
e
0 0
LEAGUE OF CONNECTING &INNOVATING
MINNESOTA SINCE 1913
CITIES
Temporary Family Health Care Dwellings of 2016
Allowing Temporary Structures—What it means for Cities
Introduction:
On May 12, 2016, Gov. Dayton signed, into law, a bill creating a new process for landowners to
place mobile residential dwellings on their property to serve as a temporary family health care
dwelling.' Community desire to provide transitional housing for those with mental or physical
impairments and the increased need for short term care for aging family members served as the
catalysts behind the legislature taking on this initiative. The resulting legislation sets forth a short
term care alternative for a"mentally or physically impaired person",by allowing them to stay in a
"temporary dwelling" on a relative's or caregiver's property.2
Where can I read the new law?
Until the state statutes are revised to include bills passed this session, cities can find this new bill at
2016 Laws, Chapter 111.
Does the law require cities to follow and implement the new temporary family
health care dwelling law?
Yes, unless a city opts out of the new law or currently allows temporary family health care
dwellings as a permitted use.
Considerations for cities regarding the opt-out?
These new temporary dwellings address an emerging community need to provide more convenient
temporary care. When analyzing whether or not to opt out, cities may want to consider that:
• The new law alters a city's level of zoning authority for these types of structures.
• While the city's zoning ordinances for accessories or recreational vehicles do not apply,
these structures still must comply with setback requirements.
• A city's zoning and other ordinances, other than its accessory use or recreational vehicle
ordinances, still apply to these structures. Because conflicts may arise between the statute
and a city's local ordinances, cities should confer with their city attorneys to analyze their
current ordinances in light of the new law.
'2016 Laws,Chapter 111.
2 Some cities asked if other states have adopted this type of law. The only states that have a somewhat similar statute
at the time of publication of this FAQ are North Carolina and Virginia.It is worth noting that some states have adopted
Accessory Dwelling Unit(ADU)statutes to allow granny flats,however,these ADU statutes differ from Minnesota's
Temporary Health Care Dwelling law.
145 UNIVERSITY AVE. WEST PHONE:(651)2814200 Mx:(651)281-1299
ST. PAUL, MN 55103-2044 ro1.1.FREE:(800)925-1122 wrs:wwwu.&c,oRc
154
Temporary Family HealthCare Dwellings
June 27, 2016
Page 2
• Although not necessarily a legal issue for the city, it seems worth mentioning that the
permit process does not have the individual with the physical or mental impairment or that
individual's power of attorney sign the permit application or a consent to release his or her
data.
• The application's data requirements may result in the city possessing and maintaining
nonpublic data governed by the Minnesota Government Data Practices Act.
• The new law sets forth a permitting system for both cities and counties3. Cities should
consider whether there is an interplay between these two statutes.
Do cities need to do anything to have the new law apply in their city?
No,the law goes into effect Sept. 1,2016 and automatically applies to all cities that do not opt out
or don't already allow temporary family health care dwellings as a permitted use under their local
ordinances.
Do cities lose the option to opt out after the Sept. 1, 2016 effective date?
No, the law does not set a deadline for opting out, so cities can opt out after Sept. 1, 2016.
However, if the city has not opted out by Sept. 1, 2016,then the city must not only have
determined a permit fee amount4 before that date (if the city wants to have an amount different
than the law's default amount), but also must be ready on that date to accept applications and
process the permits in accordance with the short timeline required by the law. Cities should consult
their city attorney to analyze how to handle applications submitted after Sept. 1, 2016,but still
pending at the time of a later opt out.
What if a city already allows a temporary family health care dwelling as a
permitted use?
If the city already has designated temporary family health care dwellings as a permitted use,then
the law does not apply and the city follows its own ordinance. The city should consult its city
attorney for any uncertainty about whether structures currently permitted under existing ordinances
qualify as temporary family health care dwellings.
What process should the city follow if it chooses to opt out of this statute?
Cities that wish to opt out of this law must pass an ordinance to do so. The statute does not provide
clear guidance on how to treat this opt-out ordinance. However, since the new law adds section
462.3593 to the land use planning act(Minn. Stat. ch. 462), arguably, it may represent the adoption
or an amendment of a zoning ordinance, triggering the requirements of Minn. Stat. § 462.357,
subd. 2-4, including a public hearing with 10-day published notice. Therefore, cities may want to
err on the side of caution and treat the opt-out ordinance as a zoning provision.'
3 See Minn. Stat. §394.307
4 Cities do have flexibility as to amounts of the permit fee. The law sets,as a default,a fee of$100 for the initial
permit with a$50 renewal fee,but authorizes a city to provide otherwise by ordinance.
5 For smaller communities without zoning at all,those cities still need to adopt an opt-out ordinance. In those
instances,it seems less likely that the opt-out ordinance would equate to zoning. Because of the ambiguity of the
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Temporary Family HealthCare Dwellings
June 27, 2016
Page 3
Does the League have a model ordinance for opting out of this program?
Yes. Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance
Can cities partially opt out of the temporary family health care dwelling law?
Not likely. The opt-out language of the statute allows a city, by ordinance, to opt out of the
requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a
program different from the one specified in statute,the most conservative approach would be to
opt out of the statute,then adopt an ordinance structured in the manner best suited to the city.
Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out
from the statute should consult their city attorney.
Can a city adopt pieces of this program or change the requirements listed in the
statute?
Similar to the answer about partially opting out,the law does not specifically authorize a city to
alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if
they could add additional criteria, like regulating placement on driveways, specific lot size limits,
or anchoring requirements. As mentioned above, if a city wants a program different from the one
specified in the statute,the most conservative approach would involve opting out of the statute in
its entirety and then adopting an ordinance structured in the manner best suited to the city. Again, a
city should consult its city attorney when considering adopting an altered version of the state law.
What is required in an application for a temporary family health care dwelling
permit?
The mandatory application requests very specific information including, but not limited to:6
• Name, address, and telephone number of the property owner,the resident of the property
(if different than the owner), and the primary care giver;
• Name of the mentally or physically impaired person;
• Proof of care from a provider network, including respite care,primary care or remote
monitoring;
• Written certification signed by a Minnesota licensed physician, physician assistant or
advanced practice registered nurse that the individual with the mental or physical
impairment needs assistance performing two or more"instrumental activities of daily
life;"7
statute,cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their
communities.
6 New Minn. Stat. §462.3593,subd.3 sets forth all the application criteria.
This is a term defined in law at Minn. Stat. §256B.0659,subd. 1(i)as"activities to include meal planning and
preparation;basic assistance with paying bills;shopping for food,clothing,and other essential items;performing
household tasks integral to the personal care assistance services;communication by telephone and other media;and
traveling,including to medical appointments and to participate in the community."
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Temporary Family HealthCare Dwellings
June 27, 2016
Page 4
• An executed contract for septic sewer management or other proof of adequate septic sewer
management;
• An affidavit that the applicant provided notice to adjacent property owners and residents;
• A general site map showing the location of the temporary dwelling and the other structures
on the lot; and
• Compliance with setbacks and maximum floor area requirements of primary structure.
The law requires all of the following to sign the application: the primary caregiver,the owner of
the property(on which the temporary dwelling will be located) and the resident of the property (if
not the same as the property owner). However, neither the physically disabled or mentally
impaired individual nor his or her power of attorney signs the application.
Who can host a temporary family health care dwelling?
Placement of a temporary family health care dwelling can only be on the property where a
"caregiver"or"relative"resides. The statute defines caregiver as "an individual, 18 years of age or
older,who: (1)provides care for a mentally or physically impaired person; and (2) is a relative,
legal guardian, or health care agent of the mentally or physically impaired person for whom the
individual is caring."The definition of"relative"includes"a spouse,parent, grandparent, child,
grandchild, sibling, uncle, aunt,nephew or niece of the mentally or physically impaired person.
Relative also includes half, step and in-law relationships."
Is this program just for the elderly?
No. The legislature did not include an age requirement for the mentally or physically impaired
dweller. 8
Who can live in a temporary family health care dwelling and for how long?
The permit for a temporary health care dwelling must name the person eligible to reside in the unit.
The law requires the person residing in the dwelling to qualify as"mentally or physically
impaired," defined as"a person who is a resident of this state and who requires assistance with two
or more instrumental activities of daily living as certified by a physician, a physician assistant, or
an advanced practice registered nurse, licenses to practice in this state."The law specifically limits
the time frame for these temporary dwellings permits to 6 months, with a one-time 6 month
renewal option. Further,there can be only one dwelling per lot and only one dweller who resides
within the temporary dwelling
8 The law expressly exempts a temporary family health care dwelling from being considered"housing with services
establishment",which,in turn,results in the 55 or older age restriction set forth for"housing with services
establishment"not applying.
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Temporary Family HealthCare Dwellings
June 27, 2016
Page 5
What structures qualify as temporary family health care dwellings under the new
law?
The specific structural requirements set forth in the law preclude using pop up campers on the
driveway or the"granny flat"with its own foundation as a temporary structure. Qualifying
temporary structures must:
• Primarily be pre-assembled;
• Cannot exceed 300 gross square feet;
• Cannot attach to a permanent foundation;
• Must be universally designed and meet state accessibility standards;
• Must provide access to water and electrical utilities (by connecting to principal dwelling or
by other comparable means9);
• Must have compatible standard residential construction exterior materials;
• Must have minimum insulation of R-15;
• Must be portable (as defined by statute);
• Must comply with Minnesota Rules chapter 1360 (prefabricated buildings) or 1361
(industrialized/modular buildings), "and contain an Industrialized Buildings Commission
seal and data plate or to American National Standards Institute Code 119.2"10; and
• Must contain a backflow check valve.'
Does the State Building Code apply to the construction of a temporary family
health care dwelling?
Mostly, no. These structures must meet accessibility standards (which are in the State Building
Code). The primary types of dwellings proposed fall within the classification of recreational
vehicles,to which the State Building Code does not apply. Two other options exist,however, for
these types of dwellings. If these structures represent a pre-fabricated home,the federal building
code requirements for manufactured homes apply (as stated in Minnesota Rules, Chapter 1360). If
these structures are modular homes, on the other hand,they must be constructed consistent with
the State Building Code (as stated in Minnesota Rules, Chapter 1361).
What health, safety and welfare requirements does this new law include?
Aside from the construction requirements of the unit,the temporary family health care dwelling
must be located in an area on the property where"septic services and emergency vehicles can gain
access to the temporary family health care dwelling in a safe and timely manner."
What local ordinances and zoning apply to a temporary health care dwelling?
The new law states that ordinances related to accessory uses and recreational vehicle storage and
parking do not apply to these temporary family health care dwellings.
9 The Legislature did not provide guidance on what represents"other comparable means".
1°ANSI Code 119.2 has been superseded by NFPA 1192. For more information,the American National Standards
Institute website is located at https://www.ansi.org/.
11 New Minn. Stat. §462.3593,subd.2 sets forth all the structure criteria.
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Temporary Family HealthCare Dwellings
June 27, 2016
Page 6
However, unless otherwise provided, setbacks and other local ordinances, charter provisions, and
applicable state laws still apply. Because conflicts may arise between the statute and one or more
of the city's other local ordinances, cities should confer with their city attorneys to analyze their
current ordinances in light of the new law.
What permit process should cities follow for these permits?
The law creates a new type of expedited permit process. The permit approval process found in
Minn. Stat. § 15.99 generally applies; however, the new law shortens the time frame within which
the local governmental unit can make a decision on the permit. Due to the time sensitive nature of
issuing a temporary dwelling permit,the city does not have to hold a public hearing on the
application and has only 15 days (rather than 60 days)to either issue or deny a permit. For those
councils that regularly meet only once a month,the law provides for a 30-day decision. The law
specifically prohibits cities from extending the time for making a decision on the permit
application. The new law allows the clock to restart if a city deems an application incomplete, but
the city must provide the applicant written notice within five business days of receipt of the
application identifying the missing information.
Can cities collect fees for these permits?
Cities have flexibility as to amounts of the permit fee. The law sets the fee at$100 for the initial
permit with a$50 renewal fee,unless a city provides otherwise by ordinance
Can cities inspect, enforce and ultimately revoke these permits?
Yes,but only if the permit holder violates the requirements of the law. The statute allows for the
city to require the permit holder to provide evidence of compliance and also authorizes the city to
inspect the temporary dwelling at times convenient to the caregiver to determine compliance. The
permit holder then has sixty (60) days from the date of revocation to remove the temporary family
health care dwelling. The law does not address appeals of a revocation.
How should cities handle data it acquires from these permits?
The application data may result in the city possessing and maintaining nonpublic data governed by
the Minnesota Government Data Practices Act. To minimize collection of protected heath data or
other nonpublic data, the city could, for example,request that the required certification of need
simply state "that the person who will reside in the temporary family health care dwelling needs
assistance with two or more instrumental activities of daily living", without including in that
certification data or information about the specific reasons for the assistance,the types of
assistance, the medical conditions or the treatment plans of the person with the mental illness or
physical disability. Because of the complexities surrounding nonpublic data, cities should consult
their city attorneys when drafting a permit application.
Should the city consult its city attorney?
Yes. As with any new law,to determine the potential impact on cities,the League recommends
consulting with your city attorney.
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Temporary Family HealthCare Dwellings
June 27, 2016
Page 7
Where can cities get additional information or ask other questions.
For more information, contact Staff Attorney Pamela Whitmore at pwhitmore(a lmc.org or LMC
General Counsel Tom Grundhoefer at tgrundho@lmc.org. If you prefer calling, you can reach
Pamela at 651.281.1224 or Tom at 651.281.1266.
160
7/13/2016 Twin Cities suburbs opt to go their own way on tiny'drop hones'-StarTribune.com
LOCAL
Suburbs opt to go their own way on
state's 'drop homelaw
Facing a new state requirement to allow tiny trailers on residential
lots,many cities are saying no.
By Erin Adler(http://www.startribune.com/erin•adler/195633361/)and Emma Nelson
(http://www.startribune.com/emma-nelson/261800211/)Star Tribune staff writers
JULY 5,2016—8:41AN ,
Metro suburbs are bypassing a new state law that would require them to allow tiny,
portable houses on residential properties,saying the state mandate doesn't work for
them.
The statute is intended to provide access to temporary"drop homes"for people—
mostly older adults—with health care needs that require them to be close to a
caregiver.
But worries about resident complaints,conflicts with local zoning ordinances and
timing concerns have spurred cities to opt out of the law.Some say they already have
the resources they need to meet the needs of aging residents,while others want to pass
their own laws allowing temporary structures tailored to their city.
The League of Minnesota Cities fought for an opt-out provision in the statute so local
governments could still have control over their own zoning.
Bill sponsor Rep.Roz Peterson,R-Lakeville,struggled to find a place for her elderly >s
father to live when he got sick two years ago.It's disappointing that cities are opting out, ;
she said,but she acknowledged that the law isn't one-size-fits-all. t
"It's always difficult to accept change and innovation,"Peterson said."This won't solve r
everybody's problem—this is one tool in the toolbox,so to speak"
Drop homes,sometimes called granny pods,are trailers under 300 square feet that are W_ y,,
billed as an affordable and temporary alternative to sending sick,injured or elderly
family members to a nursing home. -49,*
li ttp://stmedia:startribune:con/images/1467684122_08+678634
The new law was based on.similar,but less restrictive,laws in North Carolina and ELIZABETH FLORES,STAR TRIBUNE
Virginia. John Louiselle,left,and JesseLammi are a pair
of young New Brighton entrepreneurs that
In Minnesota,the law allows homeowners to have a drop home on their property for six have started NextDoor Housing,a company
months by paying for a$100 permit,unless their city has a specific ordinance against the that produces tiny houses with a twist.The
homes, handicapped-accessible houses are really
more like trailers and aimed at adults
The Burnsville City Council voted unanimously on June 21 to opt out.Drop homes don't recovering from an illness or who are disabled.
meet city codes,said Mayor Elizabeth Kautz;and the city already has temporary The two helped draft a bill changing zoning
housing options. laws so the houses would be welcome more
Those options include spare bedrooms,apartments,assisted living facilities,short-term places,regardless of zohing laws.It passed last
health care facilities,hotels and group homes,according to a meeting agenda report. week.
"It's not that we don't have it,"Kautz said."We want control of what happens here in
Burnsville."
Some cities want to allow accessory dwelling units but are choosing to do so on their
own terms.
The Crystal City Council will likely vote to opt out at its next meeting,said Council
Member Jeff Kolb.The decision stems largely from the nature of residential properties in
Crystal,many of which may be too small to qualify for drop homes under the statute,he
said.
The City Council will try to pass an ordinance in the future that allows for accessory
units that are better tailored to the city,Kolb said.
"There was a concern that it would be perceived that by opting out,we were saying we
don't want this kind of thing around here,that it was kind of a cold-hearted decision,"he
said."The reality is it's not that at all."
http://www.startribune:com/suburbs-opt-to-go-their-own-way-on-state-s-drop-horn 61vi385496261/ 1/2
7/13/2016 Twin Cities suburbs opt to go their own way on tiny'drop homes'-StarTribune.com
In'Lakeviile,the City Council agreed to opt out last week but also sent the issue to city
staff for further review,
There were multiple concerns,said Mayor Matt Little,including aesthetics,property
values and the difficulty city staff would face in having to make judgments about
residents'illnesses.
"Every single city in this country is going to need to figure out a way to start taking care
of our seniors,"Little said."There's just a lot of issues we need to...make fair and clear."
Meanwhile,city staff in Woodbury are recommending that city officials vote to opt out
in order to have more time to figure out what local needs are,said Jason Egerstrom,
Woodbury's spokesman.
Under the statute,cities have until Sept.1 to opt out.
John Louiselle,co-owner of NextDoor Housing,a New Brighton-based drop home
company that helped craft the law,said he doesn't mind if cities choose a different
direction."What's worrisome to us is when we see cities opting out and offering no
alternative solution,"he said:
Peterson said she would like to see cities try out the statute and see how it works.The
biggest challenge,she said,is that people aren't familiar with the drop home idea.
"This is new—nobody's really done this before,"she said."Let's have a conversation
with the community before we just choose to abandon the idea."
Erin Adler•612-673-1781
Erin.Adjer@startribune.com 612.673.1781
emmamelson@startribune.com 632-673.4509 emmamarienelson
http://www.startribune.com/sub orbs-opt-to-go-their-own-way-on-state-s-drop-hom162//385dg6261/ 212
CITY OF FRIDLEY,
ANOKA COUNTY,MINNESOTA
ORDINANCE NO.
AN ORDINANCE OPTING-OUT OF
THE REQUIREMENTS OF
MINNESOTA STATUTES, SECTION 462.3593
THE CITY COUNCIL OF THE CITY OF FRIDLEY, hereby ordains as follows:
SECTION 1. Adoption.. Pursuant to authority granted by Minnesota Statutes, Section
462.3593, subdivision 9, the City of Fridley opts-out of the requirements of Minn. Stat.
§462.3593, which defines and regulates Temporary Family Health Care Dwellings.
SECTION 2. Effective Date. This Ordinance shall be effective immediately upon its
passage and publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2016.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing:
First Reading:
Second Reading:
Published:
163
AGENDA ITEM
;°r CITY COUNCIL MEETING OF
Fridley
OCTOBER 24, 2016
Date: October 19, 2016
To: Walter T. Wysopal,City Manager
From: Scott Hickok,Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: First Reading of an Ordinance to opt-out of Subdivision 9 of Minnesota Statues,Section
462.3593; Permitting Temporary Health Care Dwellings
BACKGROUND
This past May, the Governor signed into law regulations that allow temporary family health care mobile
dwellings to be placed on property to serve as temporary family health care dwellings. The law was put
into place to provide transitional housing for those with mental or physical disabilities. The legislation
includes a provision for cities and counties to opt out and the attached draft ordinance is based on the
model ordinance drafted by the League of Minnesota Cities.
After further review of this new legislation and its impact to the City; the City has decided to draft an
ordinance to opt-out of this new legislation.
PLANNING COMMISSION RECOMMENDATION
At the September 21, 2016 Planning Commission meeting, a public hearing was held to consider opting out of
the new State legislation requiring cities to allow temporary family health care dwellings. No one from the
public addressed the Planning Commission. After a brief discussion,the Planning Commission made a motion
to approve the ordinance to opt-out of Minnesota State Statute 462.3593.
The motion was approved unanimously.
STAFF RECOMMENDATION
City staff recommends concurrence with the Planning Commission and that the Council hold the first reading
of ordinance the ordinance to opt-out of Minnesota State Statute 462.3593. The second reading is scheduled
for November 14,2016, unless otherwise directed by Council.
164
CITY OF FRIDLEY,
ANOKA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE OPTING-OUT OF
THE REQUIREMENTS OF
MINNESOTA STATUTES,SECTION 462.3593
THE CITY COUNCIL OF THE CITY OF FRIDLEY,hereby ordains as follows:
SECTION 1. Adoption.. Pursuant to authority granted by Minnesota Statutes, Section
462.3593, subdivision 9, the City of Fridley opts-out of the requirements of Minn. Stat.
§462.3593, which defines and regulates Temporary Family Health Care Dwellings.
SECTION 2. Effective Date. This Ordinance shall be effective immediately upon its
passage and publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2016.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing:
First Reading:
Second Reading:
Published:
165
AGENDA ITEM
/1'4 CITY COUNCIL MEETING OF
OCTOBER 24, 2016
TO: Walter Wysopal, City Manage PW16-052
FROM: Jon Lennander, Assistant City Engineer
James Kosluchar, Public Works Director
DATE: October 20, 2016
SUBJECT: Approve Change Order 3 for 2015 Street Project ST2015-01
Attached is Change Order No. 3 for the 2015 Street Rehabilitation Project ST2015-01. Project
ST2015-01 rehabilitates streets and reconstructs selected utilities in the Summit Manor
neighborhood of Fridley. The project is being performed under a contract with Kuechle
Underground, Inc., of Kimball, MN.
The amount of this change order is $148,513.80. There is no change to the contract completion
date for the project as a result of this change order. Total work included in Change Orders 3 for this
project would increase the original contract by 8.1%. A detailed summary of the changes is
attached.
Work adjustments directed under this change order include an additional 3,944 lineal feet of curb
replacement($83,612.00, Items C3.01 and C3.02). Approximately half of this amount was required
for additional storm sewer and utility replacement,which will be funded from the appropriate utility
and the remainder is spot curb replacement,which was underestimated in the original project, and
is eligible for State Aid funding. Note that we had more spot curb replacement per mile on this
project than in the last eight years of our rehabilitation program.
We also had additional driveway replacement associated with utility construction($30,051.00, Items
C3.03 and C3.04),which will be allocated to the appropriate utility fund. We directed the contractor
to install eight additional water main valves on the project due to rerouting of main and poor
operating valves ($12,800.00, Item C3.05). Finally, we extended water service piping for long
services behind the opposite curb, and plan to do this work as standard on future projects to protect
the new roadways. This added$22,050.00 to the water utility project cost as shown in Item C3.06.
City staff directed all changes above as necessary to fulfill our project goals and meeting our
standards. All project fund sources remain within the project budget. We reviewed these increased
items prior to performing special assessment calculations, and none of the items are included in
special assessments.
Staff is recommending that the City Council move to approve Change Order No. 3 for the 2015
Street Project ST2015-01 to Kuechle Underground in the amount of$148,513.80. If approved,
the contract amount shall be increased from $1,882,411.53 to $2,030,925.33.
JXL/jxl
Attachment
166
Garyof
�*rtdicy
Public Works Department
Streets•Parks•Water•Sewer•Stormwater•Fleet•Facilities•Engineering
10/20/2016
Kuechle Underground Inc.
10998 State Highway 55
P.O.Box 509
Kimball,MN 55353
SUBJECT:Change Order No.3 STREET REHABILITATION PROJECT NO.ST 2015-01
You are hereby ordered,authorized,and instructed to modify your contract for the above referenced project by including the
following items:
ITEM NO. DESCRIPTION UNITS QUANTITY UNIT PRICE COST
C3.01 Remove Concrete Curb and Gutter LF 3,944 $ 3.00 $ 11,832.00
C3.02 Concrete Curb and Gutter Design B618 LF 3,944 $ 18.20 $ 71,780.80
C3.03 6"Concrete Driveway Pavement SY 371 $ 77.00 $ 28,567.00
C3.04 Remove Concrete Driveway SY 371 $ 4.00 $ 1,484.00
C3.05 6"Gate Valve EA 8 $ 1,600.00 $ 12,800.00
C3.06 1"Copper Type K Service Pipe LF 630 $ 35.00 $ 22,050.00
CHANGE ORDER NO.3 TOTAL= $ 148,513.80
Original Contract Amount: $ 1,844,078.73
Prior Change Orders Approved: $ 38,332.80 2.1%of Original Contract Amount
This Change Order: $ 148,513.80 8.1%of Original Contract Amount
Proposed Contract Amount: $ 2,030,925.33
Submitted and approved by James Kosluchar,Director of Public Works,on the 22th Day of October,2016
James P.Kosluchar,Director of Public Works
Approved and accepted this th day of 2016 by Kuechle Underground, Inc.
Kuechle Underground,Inc.Representative
Approved and accepted this th day of ,2015 by the City of Fridley
Scott Lund,Mayor
Walter T.Wysopal,City Manager
Page 1 of 1
167
"'�` AGENDA ITEM
rtryoj CITY COUNCIL MEETING OF OCTOBER 24, 2016
Fridley
INFORMAL STATUS REPORTS
168