The URL can be used to link to this page

05/20/2002 - 4750r � CITY COUNCIL MEETING OF MAY 20, 2002 CR7 OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or . Y 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 regazd 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 conta.ct Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Public Works Week: May 20-26, 2002 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 6, 2002 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Adopt an Emergency Ordinance Amending the ' Fridley City Code, Chapter 1, Legislative Body, Pertaining to Ward and Precinct Boundaries ................................................... 1- 2 . . FRIDLEY CITY COUNCIL MEETING OF MAY 20, 2002 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Approve Amendment to the Comprehensive Sign Pian for 7570 Highway 65 N.E. (Ward 2) ................................................ 3 3. Resolution Approving a Plat, P.S. #02-02, Vinewood Park, by Independent School District � No. 14 and the City of Fridley, to Replat Property for the Purpose of Creating Legal Descriptions Necessary for the Transfer of Land, Generally Located at Commons Park and the Fridley Middle School (Ward 1) ................................................................................... 4- 6 4. Resolution Approving and Authorizing Execution of Agreement with the MPCA for Springbrook Watershed Implementation Project Phase II CWP GrantFunding ................................................................................................. 7 - 8 5. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special Revenue Funds, and Capital Improvement Fund for the Year Ended 2001 .................................:...................................... 9- 12 6. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Blaine Jaycees (Shorewood Restaurant) (Ward 2) ..................................................................................................... 13 - 14 . :J � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MAY 20, 2002 8:30 p.m. - City Council Chambers Attendance Sheet PLFAS� AR/NT NAM�, AU�RFSS ANfl /TFM NUMBFit YOU ARF /Ni�RFST�'D /M. � � � +� �� i � F � � ,. �� q�r��a��ri�� .y. � �. ��%!z, �4 � � � �� , � .. .. . .. ; � i k, . .l . . . . , .,,: � .. , . � ,h .. f ' ,t, ,...__ ,.,�.f � , . '�...,,,., . • - „ ..y ..,, ..�r _ , . . .: . . , .,: __ � , __ _ . ,. .: .. - .. . .. : m , . '�. �'�. . �'�. . . ..: ;�v � � �� , �.�i��`�� % 5 � � ,rt� ` �C� `�`6� �C �' � c 1 �- _ t�1 ._ _ ��L4' � /''�✓� �. � � � � ? l -� �'/ , �. C� - f'.eU'`�� r�'!� � / �, � ��,,�r�,��;-. ��,��-�� -� /� S�� Y'�/� TTC1�� ur �L' p �i� . �, . e�i� � :��'rJS� �� _��i� �J C��/� � �� ,_ � � �,.� � -� , �.(.� ��,� t ��.rZ� � �'�S %�,G(�o� � f�r � 1��. � .�L, L. _ � _ � FRIDLEY CITY COUNCIL MEETING OF MAY 20, 2002 APPROVAL OF PROPOSED CONSENT AGENDA: PAGE 3 NEW BUSINESS (CONTINUED): 7. Receive Bids and Award Contract for the 2002 Street Improvement Project No. ' ST. 2002 — 1 .................................................................................................... 15 - 21 ° : 8. Claims ....................................................................................................... 22 9. Licenses ....................................................................................................... 23 - 28 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. NEW BUSINESS: 10. Informal Status Reports ..................................................................................... 29 , ADJOURN. � �:ti � � � FRIDLEY CITY COUNCIL MEETING OF MAY 20, 2002 1- � • �'� � � Q1Y OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, 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 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. �� <� �3�j PROCLAMATION: Public Works Week: May 20-26, 2002 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): „ ,�C� �°`f 3�� 4. Resolution Approving and Authorizing Execution of Agreement with the MPCA for Springbrook Watershed Implementation Project Phase II CWP Grant Funding - ................................ 7 �� CCCL6�G�S C:� �i � � � �' APPROVAL OF PROPOSED CONSENT AGENDA: � � �� I��% �'��w�1� � � � �� APPROVAL OF MINUTES: � � � � � / 5. Resolution Authorizing Final Changes in City Council Meeting of May 6, 200��- �-��L`bv�-� l Appropriations for the General Fund, Special �c�S �� Revenue Funds, and Capital Improvement Fund for the Year Ended 2001 ....... 9- 12 NEW BUSINESS: Adopt an Emergency Ordinance Amending the Fridley City Code, Chapter 1, Legislative Body, •� Pertaining to Ward and Precinct ,?j Boundaries .................................. 1 - 2 {✓ 2. Approve Amendment to the Comprehensive Sign Plan for 7570 Highway 65 N.E. (Ward 2) .................................. 3 3. Resolution Approving a Plat, P.S. #02-02, Vinewood Park, by Independent School District No. 14 and the City of Fridley, to Replat Property for the Purpose of Creating Legal Descriptions Necessary for the Transfer of Land, Generally Located at Commons Park and the Fridley Middle School (Ward 1) .................. 4- 6 3�,�.� � �C' ,a,C� 6. Resolution in Support of an Application for a Minnesota Lawfui Gambling Premise Permit for Blaine Jaycees (Shorewood Restaurant) (Ward 2) ................................. 13 -14 7. Receive Bids and Award Contract for the 2002 Street Improvement Project No. ST. 2002 —1 15 - 21 8. Claims 9. Licenses 22 .. 23 - 28 .t . � FRIDLEY CITY COUNCIL MEETING OF MAY 20, 2002 PAGE 2 ADOPTION OF AGENDA.� /� / �°`� ��- ��:,�,� OPEN FORUM, VISITORS: Consideration of items not on Agenda -15 minutes. � NEW BUSINESS: � �' - �� /`� �S �� . � ��'�� 10. Informal Status Reports ..................... 29 � � , �# �� - .�� ADJOURN�� ( �'-'"`� ' � � �� 3� � ��3 �.��_ �S�- i 0 0 _'_� _�- _,_ Pu�alrc woR�cs w��K MAY 20 - 26, 2002 �. , WHEREAS, public works services provided in our community are an integral part of the every day lives of our citizens; and, WHEREAS, the support and understanding of Ciry residents is vital to the efficient operation of public works systems and programs such as water, sewers, streets, highways, parks, public buildings, and snow removal,• and, WHEREAS, the health, safery and comfort of this communiry greatly depends on these facilities and services; and, WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, maintenance, and construction are vitally dependent upon the efforts and skills of Public Works personnel; and, WHEREAS, the effrciency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, BE IT RESOLVED, that I, Robert L. Barnette, Mayor Pro Tem, of the City of Fridley, hereby proclaim May 20 through 26, 2002, as: PU811C WORKS VII�£K in the Ciry of Fridley, and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing public works services, and to recognize the contributions the City's Public Works Department personnel make every day to our health, safety, comfort and quality of life. ` IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affxed this 20th day ofMay, 2002. Robert L. Barnette Mayor Pro Tem THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 6, 2002 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 8:31 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe MEMBERS ABSENT: None. PROCLAMATIONS: Peace Of�cers Memoriat Day - May 1 S, 2002 Mayor Lund stated that Fridley police officers will join all U.S. peace officers and the families of their recently fallen comrades to honor those officers and all others who have died. Mr. Don Abbott, Captain, Fridley Police Department, stated that he wanted to thank Council on behalf of the Fridley Police Department. Fridley has never lost an officer, but has come close. It is also important to remember those individuals whose careers have been cut short due to job- related injuries. The Minnesota Law Enforcement Memorial Association is hosting its annual candlelight service on the State Capitol grounds, on Wednesday, May 15 at 7:30 p.m. Everyone is welcome to attend. Mr. Burns asked Mr. Abbott if he was one of the founders of the organization. Mr. Abbott stated that was correct and has served as President of the organization for the past five years. Veterans' Buddy Poppy Day - May 17, 2002 Mayor Lund stated that the basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living". Cathy and Tim Arnold, stated they would like to thank Council on behalf of the Veterans of Foreign Wars. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2002 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda with the addition of the letter received by Jon Haukaas, Public Works Director. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAI�IIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of Apri122, 2002 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MINUTES OF APRIL 17, 2002: RECEIVED. 2. SPECIAL USE PERNIIT REQUEST, SP #02-06, BY BARRY SEABERG, TO ALLOW A SECOND ACCESSORY STRUCTURE (GARAGE) FOR STORAGE PURPOSES, GENERALLY LOCATED AT 6716 JEFFERSON STREET N.E.: Mr. Burns, City Manager, stated that the proposed accessory structure is 988 square feet. The structure will be used for parking and storage. The Planning Commission gave its unanimous approval subject to six stipulations. Staff recommended Council's approval. MOTION by Councilmember Bolkcom to receive the letter from Jon Haukaas dated April 12 in relation to the small lot runoff from the garage addition. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVED SPECIAL USE PERMIT REQUEST, ,SP #02-06 WITH THE FOLLOWING STIPULATIONS: (1) PETITIONER SHALL INSTALL CODT REQUIRED HARD SURFACE DRIVEWAY WITHIN TWELVE MONTHS OF ISSUANCE OF A BUILDING PERMIT; (2) PETITIONER SHALL OBTAIN ALL NECESSARY BUILDING PERMITS PRIOR TO CONSTRUCTION; (3) THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; (4) ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY; (5) TOTAL SQUARE FOOTAGE OF FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2002 PAGE 3 ALL ACCESSORY STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET; AND (6) GARAGE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND FINISHED WITH A COMPLEMENTARY SIDING AND COLOR SCHEME. 3. PRELIMINARY PLAT REQUEST, PS #02-02, BY THE CITY OF FRIDLEY, TO REPLAT PROPERTY, GENERALLY LOCATED NORTH OF 61 AVENUE, EAST OF 7 STREET, SOUTH OF 63 AVENUE AND WEST OF JACKSON STREET (WARD 1): Mr. Burns, City Manager, stated that this establishes legal descriptions for the property owned by the City and the School District No. 14. Legal descriptions were approved by the City in 1996 and were never recorded within the required 6 months. The property is bounded by 7�' Street and 61St Avenue on the west and south. There is a complicated boundary on the north and east. The property contains Commons Park, and the City well field treatment plant, and the middle school. The resolution approving the swapping of the property would be forthcoming at the next meeting. APPROVED PRELIMINARY PLAT REQUEST, PS #02-02. 4. RESOLUTION NO. 30-2002 AUTHORIZING SIGNING AN EMPLOYMENT AGREEMENT BETWEEN CERTAIN EMPLOYEES REPRESENTED BY ��Z�7� 1��[��L' : � Mr. Burns, City Manager, stated this is a one-year contract for the remainder of 2002. COLA allowance and health insurance benefits made available to other City employees were accepted with a four percent (4%) increase. It also provides an increase in the uniform allowance of 4 percent, additional holiday pay, and bereavement leave. The contract will cover three firefighters. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 30-2002. 5. RESOLUTION NO. 31-2002 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR THE CHURCH OF THE IMMACULATE CONCEpTION (HI�IIGHTS OF COLUMBUS, 6831 HIGHWAY 65 N.E.): Mr. Burns, City Manager, stated that this is a two year renewal which expires on July 1, 2002. Staff recommends Council's approval. , ADOPTED RESOLUTION NO. 31-2002. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2002 PAGE 4 6. MOTION TO ACCEPT PLANS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE HARTMAN CIRCLE WATERMAIN LOOP PROJECT NO. 347: Mr. Burns, City Manager, stated that the replacement of the Hartman Circle water main loop will be done in conjunction with the County's resurfacing of the road in the summer. Plans have been completed and County staff will preliminarily review them. The neighborhood meeting will occur on May 7 at the Fridley Municipal Center at 7:00 p.m. Staff recommends Council's approval. � APPROVED. 7. CLAIMS: ' � APPROVED CLAIM NOS. 104977-105162. 8. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the Agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CAR.RIED UNANIMOUSLY. OPEN FORUM, VISITORS: No persons in the audience spoke. NEW BUSINESS: 9. INFORMAL STATUS REPORTS: Councilmember Bolkcom stated that if people are interested in the Parks and Recreation Commission vacancy, please call the City Manager's office at 763-572-3500 for more - information. They can also call Jack Kirk of the Parks and Recreation Department, or a Councilmember. Applications and e-mail applications can be sent in. Mayor Lund stated that there is also a vacancy on the Environmental Quality and Energy Commission. FRIDLEY CITY COUNCIL MEETING OF MAY 6, 2002 PAGE 5 ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MAY 6, 2002, CITY COUNCIL MEETING ADJOURNED AT 8:56 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor ` AGENDA ITEM CITY COUNCIL MEETING OF aTM oF MAY 20, 2002 FRIDLEY To: William W. Burns, City Manager �� !► From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: May 14, 2002 Re: Emergency Ordinance - Amendment to Fridley City Code Chapter 1 Pertaining to Redistricting On Apri125, 2002, the City Council adopted Ordinance No. 1165, amending Fridley City Code Chapter 1. Legislative Body, Pertaining to Ward and Precinct Boundaries. The ordinance was drafted based on Appendiz F of the Minnesota Court of Appeals Redistricting Court Order of March 19, 2002. Our GIS Department created a map from the census tracts listed in Appendiz F and our boundaries were based on that report. According to Appendiz F, it appeared the census tract boundary line used was a parcel line and that the town houses to the west of that line were not included in Legislative District SOB. We submitted the new boundary lines to Anoka County and the Minnesota Secretary of State's Office. On May 14, 2002, staff received an e-mail from the Secretary of State's Office stating, "the census block boundary in the database used by the Special Court Redistricting Panel to divide Legislative Districts 50A and SOB is named West Brenner Pass. Because the Special Court Redistricting Panel's description of the district boundary that divides the City of Fridley is not omitted, is properly named, has not been changed and because the compass direction for the boundary line is correct, this request does not meet the requirements of the Minnesota Statutes, section 2.91, subdivision 2." She therefore, declined to order a correction to the boundary line the city submitted. � There is some confusion over the timeline required for the amendment. One deadline is June lst and the other is 60 days after written notification by the Secretary of State's Office. To work within that timeframe, staff is recommending the City Council adopt an emergency ordinance correcting the precinct boundary between Ward 2, Precincts 4 and 5. 1 EMERGENCY ORDINANCE NO. E-34 AN ORDINANCE AMENDING THE FRIDLEY CITY CODE CHAPTER 1. LEGI5LATNE BODY, PERTAINING TO WARD AND PRECINCT BOUNDARIES THE CITY COONCIL OF THE CITY OF FRIDLEY HEREBY FINDS AND ORDAINS, AFTER REVIEW, EXAMINATION AND STAFF RECOMMENDATION THAT CHAPTER 1, LEGISLATIVE BODY, OF THE FRIDLEY CITY CODE BE ANIENDED AS FOLLOWS: 8. Ward No. 2, Precinct No. 4 is established as the area bounded as follows: NORTH: Using lhe extension of Lynde Drive and startin� at T.H. #65, go east on Lynde Drive and its extension to Regis Drive, then go north on Regis Drive to Hathaway Lane, lhen go east on Hathaway Lane and its extemsion to Matterhom Drive, then go south on Matterhom Drive to N. Innsbruck Drive, then go east on N. Innsbruck Drive to W. Bavarian Pass, then go south on W. Bavarian Pass to Meister Road, then go northeast on Meister Road to �. Brenner Pass, then go southeast on £�. Brenner Pass to West Brenner Pass, then Qo south on West Brenner Pass to its extension to T.H. #694, then go east on T.H. #694 to the eastem City Limits. EAST: Using the eastem City Limits and stariing at T.H. #694 go south on the eastern City Limits to the southern City Limits. SOUTH: Using the southern City Limits and starting at the eastern City Limits, go west on the southern City Limits to Matterhorn Drive. WEST: Using Matterhorn Drive and starting at lhe southern City Limits, ra north on Matterhom Drive to T.H. #694, then go wesl on T.H. #694 to T.H. #65, then go north on T.H. #65 to ttie extension of Lynde Drive. 9. Ward No. 2, Precinct No. 5 is established as the area bounded as follows: NORTH: Using Gardena Avenue and starting at Matterhorn Drive, go east on Gardena Avenue to the eastern City Limits. EAST: Using the eastern City Limils and starting at Gazdena Avenue, �o south to T.H. #694. SOUTIi: Using T.H. #694 and sta.rting at the eastem City Limits, go west on T.H. #694 to its extension with �. West Brenncr Pass, then go norttivves� on West Brenner Pass to €�. Brenner Pass, then �o northeast on Brenner Pass to Meister Road, then go southwest on Meister Road to W. Bavarian Pass, then go north on W. Bavarian T'ass to N. Innsbruck Drive, then go west on N. Innsbruck Drive to Matterhorn Drive. WEST: Using Matterhom Drive aad starting at N. Innsbruck Drive, go north on Matterhorn Drive to Gardena Avenue. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . 2002. � ATTEST: DEBRA A. SKOGEN, CITY CLERK 2 SCOTT .F. LUND — MAYOR � ` CRY OF FRIDLEY Date: To AGENDA ITEM CITY COUNCIL MEETING OF MAY 20, 2002 May 15, 2002 William Bums, City Manager�!��° From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Amendment to the Sign Plan for 7570 Highway 65 M-02-55 INTRODUCTION In 1995, the City Council approved a comprehensive sign plan for 7570 Highway 65. Since then, Samir Awaijane has purchased the property and is requesting to amend the existing sign plan. SUMMARY Code Section 214.14, requires shopping centers and multiple tenant buildings to have a comprehensive sign plan approved by the City. The purpose of this requirement is to assure that centers have well planned, aesthetically pleasing, and consistent appearance. The proposed sign plan amendment meets all the City's criteria and will ensure a consistent look for the signage of this building. The proposed sign plan has been re- written to include more detail that would allow tenants to use one color or a combination of finro in their wall signage. Letter size remains the same at a maximum of 24 inches and all signs will be installed directly to the fascia using vinyl film. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the proposed amendment to the comprehensive sign plan for 7570 Highway 65. ' 3 � � QTY OF FRIDLEY Date: To AGENDA ITEM CITY COUNCIL MEETING OF MAY 20, 2002 May 15, 2002 William Burns, City Manager �!� �` From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Final Plat Request, PS #02-02, ISD #14 M-02-56 INTRODUCTION ISD #14 is requesting that all of Vineland Addition and Lot 12, Shorewood Addition, be replatted into a new plat, entitled "Vinewood Park°. The purpose of the request is to create the new legal descriptions necessary to allow the transfer of land containing City facilities to City ownership. The property proposed to be platted is owned by ISD #14. This Plat was approved by the City in 1996, but was not recorded by ISD #14 within the required 6 month time frame due to some minor issues with the proposed land swap. When ISD #14 went to record plat, their signatories were no longer affiliated with the District. Due to this fact, the County would not record the Plat. PLANNING COMMISSION RECOMMENDATION At the April 17, 2002, Planning Commission meeting, a public hearing was held for PS#02-02. After a brief discussion, the Pl�nning Commission recommended approval of the Plat request with the stipulation as presented. THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL ACTION ON PRELIMINARY PLAT , The City Council unanimously approved the preliminary plat for this request on May 6, 2002. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. � RESOLUTION NO. -2002 RESOLUTION APPROVING A PLAT, P.S. #02-02, VINEWOOD PARK, BY INDEPENDENT SCHOOL DISTRICT #14 AND THE CITY OF FRIDLEY, TO REPLAT PROPERTY FOR THE PURPOSE OF CREATING LEGAL DESCRIPTIONS NECESSARY FOR THE TRANSFER OF LAND , GENERALLY LOCATED AT CO1rII�lONS PARK AND TEiE FRIDLEY MIDDLE SCHOOL. ` WHEREAS, the Planninq Commission held a public hearing on April 17, 2002, and recommended approval of said plat; and � WHEREAS, the City Council approved the preliminary plat for Vinewood Park at their May 6, 2002; and WHEREAS, a copy of the plat Vinewood Park has been attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for Vinewood Park and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 20th DAY OF MAY, 2002. ATTEST: � DEBRA A. SKOGEN - CITY CLERK :, 5 SCOTT LUND - MAYOR Page 2- Resolution -2002 - VINEWOOD PARK PLAT EXHIBIT A Please refer to attached Plat Drawing � : AGENDA ITEM CITY COUNCIL MEETING OF MAY 20, 2002 CtiY OF FRIDLEY Date: May 14, 2002 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner Subject: Springbrook MPCA CWP Phase II Implementaiion Grant Agreement Background Last month, the City was notified that the Minnesota Pollurion Control Agency (MPCA) was funding the City's request for Clean Water Partnership (CWP) grant funds to complete a Phase II Implementarion Project in the Springbrook Watershed. T'he purpose of this project is to restore the wetland habitat of the Springbrook Nature Center and to reduce chemical load levels of the storm water entering the Mississippi River from Springbrook Creek in Fridley. Receipt of the MPCA CWP grant means that the City now has full funding to proceed with the first part of this project. The NIPCA grant is $200,669. In order for staff to proceed with work on this project, the MPCA and the City of Fridley, the lead agency in this four-city project, need to approve a grant agreement, which is enclosed in your packet. The agreement lays forth the guidelines for crearion of a work plan, which will detail how the grant funds will be spent and become an attachment to the agreement once it is later approved by the MPCA. The agreement also details the reporting requirements that the City must meet in order to get the grant payments, which are the same as what we had to do for the Phase I grant. T'he agreement must be approved by resolurion, so a resolution has been drafted according to MPCA guidelines and is attached. Staff time dedicated to the Springbrook project cannot be counted towards our "inkind" contributions to the project until we have an approved work plan for the project. Staff is not supposed to begin drafting the work plan until we have an approved grant agreement with the NIl'CA. However, in order to be able to use some of the other grant monies received, we need to get some improvements constructed yet this fall. Preparing plans for such improvements is expected to take several months, so staff needs to begin intense work to complete the work plan for Phase II. In order to assure complete cooperarion on the plans that were laid forth in the Final Report of the CWP Phase II Invesrigation in August 2000, Fridley staffplans to obtain approval from each of the four City Council's involved in the Springbmok Phase II Work Plan. This work will occur over the next few weeks. Staff plans to bring the proposed work plan before the Fridley City Council on June 3. Recommendations Staff recommends that the City Council approve the attached resolution, which authorizes the City Manager to execute the agreement with the MPCA for CWP Phase II grant funds and designates Julie Jones to conrinue to serve at the Project Representative. M-02-64 7 RESOLUTION NO. -2002 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE MPCA FOR SPRINGBROOK WATERSHED IMPLEMENTATION PROJECT PHASE II CWP GRANT FUNDING BE IT RESOLVED by the City Council, that the City of Fridley enter into the attached Grant Agreement with the Minnesota Pollution Control Agency to conduct the following project: Springbrook Watershed Implementation Project. BE IT FURTHER RESOLVED by the City Council, that the City Manager, William Bums, be authorized to execute the attached Grant Agreement for the above mentioned project on behalf of the City of Fridley. BE IT FURTHER RESOLVED by the City of Fridley that the Environmental Planner, Julie Jones, serve as Project Representative and represent the four Cities involved in funding this project in all matters which, according to the conditions of the Grant Agreement, do not specifically require action by the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2002. ATTEST: Debra Skogen - City Clerk : Scott J. Lund - Mayor k� 1 � � William W. Burns M E M O R A N D l,l M City Manager G7TY OF FRIDLEY TO: Mayor and City Council FROM: William W. Burns, City Manager DATE: May 17, 2002 RE: Springbrook Watershed Implementation Project Attached is the Springbrook Watershed Implementation Project agreement referred to in Item 4 of Monday night's agenda. t Springbrook Sabwatershed Implementation Project Page 1 of 28 I. SUM�IARY PROJECT TITLE: Springbrook Subwatershed Implementation Project PROJECT SPONSOR: City of Fridley CONTACT: 11�Is. Julie Jones 6431 University Avenue NE Fridley, Nlinnesota 55342 763-572-3594 j o n es j@ c i. frid ley. mn. u s GRANT AGREE�fENT NU�ER: 2481-02 COLTNTY: Anoka PROJECT SPONSOR SHARE: STATE GRANT SHARE: TOTAL ELIGIBLE PROJECT COSTS: $200,674.00 $200,669.00 $401,343.00 PERIOD COVERED BY THIS AGREEMENT: This Agreement shall be effective upon the date that the last signature is obtained by the State, pursuant to Minn. Stat. § 16C.05, subd. 2, and shall remain in effect for three (3) years or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. The Project Sponsor must not begin work nnder this Agreement until this Agreement is fully executed and the Project Sponsor has been notified by the State's Authorized Representative to begin the work. , � II. RECITALS A. This Grant Agreement (hereinafter A�eement), which shall be interpreted pursuant to the laws of the state of Minnesota, shall be between the state of Minnesota acting through its Pollution Control Agency (hereinafter State or MPCA) and City of Fridley (hereinafter Sponsor or Project Sponsor). GTCWP202.DOT 5/02 CWP PHASE li GRANT MPCA/REM A35923 , ! Springbrook Subwatershed Implementation Project Page 2 of 28 ". B. Pursuant to �linn. Stat. §§ 103F.701 to 103F.761, the State is authorized to enter into �aant a�eements to provide financial assistance to local units of government for implementarion projects for the protection and improvement of surface and gound water from nonpoint sources of water pollution. Administration of the pro�am is governed by tilinn. R. 7076.0100 to 70�6.0290. C. City of Fridley is a local unit of government eligible to enter into a Clean Water Partnership (CWP) Grant Agreement with the State according to the conditions of Minn. Stat. §§ 103F.701 to 103F.761 and Minn. Rules 7076.0100 to 7076.0290. D. City of Fridley submitted a�ant application, received October 16, 2001, to the vfPCA for a proposed project implementation of the Sprinabrook Nature Center Wetlands. On March 29, 2002, the vIPCA Commissioner, upon the recommendation of the Project Coordination Team and i�IPCA staff, selected the City of Fridley grant application as a project that will be � awarded a grant from available funds. The Agreement terms, requirements and conditions apply to a project implementation of the Springbrook Nature Center Wetlands. E. City of Fridley represents that it is duly qualified and willing to perform the services set forth herein, fulfilling the obligations of Project Sponsor in accordance with Minn. R. 7076.0110, subp. 20, and as further defined herein. F. City of Fridley must comply with all the time requirements described in this agreement. In the performance of this agreement, time is of the essence. G. The following clauses survive the expiration or cancellation of this Agreement: IV, D, 3. Liability; N, D, 10. Records Maintenance; N, D, 19 Data Disclosure; N, D, 21. Government Data Practices; N, D, 22. Intellectual Property Rights and Ownership of Materials; N, D, 33. Endorsement; and H. Governing Law, Jurisdiction, and Venue. III. DEFINITIONS The terms used in this Agreement have the meanings defined in Minn. Stat. §§ 103F.701 through 103F.761 and Minn. R. 7076.0110. Notwithstanding the definitions referenced above, the following terms shall have the meanings set forth below: Best Management Practices (BMPs) - Practices, techniques, and measures that prevent or reduce water pollution from nonpoint sources by using the most effective and practicable means of achieving water quality goals. BMPs include official controls, structural and nonstructural measures, and operation and maintenance procedures necessary for the continuing, efficient, operation of structural measures. GTC��"P202.DOT �iO3 Cb�P PE[ASE (I GRaNT ViPC?JREVt A��923 Springbrook Subwatershed Implementation Project Page 3 of 28 Contributing Sponsor - Local governmental units, state or federal agencies, associations and organizations - other than the Project Sponsor - contributing an identifiable level of financial assistance to the local share of project support. Such assistance may be a cash contribution, in-kind services, or a combination of cash and in-kind services. Eligible Project Costs - Those project costs that are reasonable, necessary and allocable to the project, permitted by appropriate State cost principles, approved by the State and deternuned to be eli�ible pursuant to Minn. R. 7076.0130 and this Agreement. Equipment - Any item or system having an initial cost of $300 or rnore and having a useful life of two years or more. Equipment Replacement - Obtaining and installina equipment, structures, accessories, or appurtenances which are necessary during the useful life of the BMPs to maintain the capacity and performance for which such pracrices were designed, implemented and constructed. In-Kind Contribution - The value of a non-cash contribution to meet the cost sharing obligation of the Project Sponsor. Subject to approval of the State, an in-kind contribution may consist of reasonable charges for real property and equipment or the reasonable value of goods and services directly benefiting the project. Local Unit of Government or Local Unit - A statutory or home rule charter city, town, county, soil and water conservation district, watershed district, an organization formed for the joint exercise of powers under Minn. Stat. § 471.59 and any other special purpose district or authority exercising authority in water and related land resources management at the local level. Nonpoint Source - A land management activity or land use activity that contributes or may contribute to ground and surface water pollution as a result of runoff, seepage, or percolation and that is not defined as a point source in Minn. Stat. § 115.01, subd. 11. Nonpoint sources include, but are not limited to, rural and urban land management activities and land use activities and specialty land use activities such as transportation. O�cial Controls - Ordinances and regulations that control the physical development of the whole or a part of a local govemment unit or that implement the general objectives of the local government unit. � Operation and Maintenance - Activities required to provide for the dependable and economical functioning of a BMP during its useful life. Operation means effective and efficient control of the processes and equipment, structures, facilities, accessories or appurtenances which make up the BMP, including but not limited to financial and personnel management, record keeping, laboratory processes and planning. Maintenance means the preservation of funcrional integrity and efficiency and includes preventative maintenance, corrective maintenance and equipment replacement. GTCWP202.DOT 5l02 CWP PHASE II GRANT MPCA/REM A35923 Springbrook Subwatershed Implementation Project Page 4 of 28 Program Element - One of the major Project Work Plan acrivity groupings of a Resource Invesrigation Grant or a Project Implementation Grant (e.g., Monitoring Plan, Identification of BMPs, Stream Bank Stabilization Program). Project Imptementation Grant or Phase II Grant - A grant from the State to the Project Sponsor for the implementation of an approved Dia�ostic Study and Implementation Plan or their equivalent, that identify best management practices to be implemented. Project Sponsor or Sponsor - A Local Unit of Government entering into a grant contract with the State to carry out the purposes of the Minnesota CWP fmancial assistance pro�am to Local Units of Government pursuant to N1inn. Stat. §§ 103F.701 through 103F.761 and Niinn. R. 7076.0100 to 7076.0290. Resource Investigation Grant or Phase I Grant - A grant from the State to the Project Sponsor for the prepazation of a Diagnostic Study and Implementation Plan. �Vork Plan - A document prepared by the Sponsor, and reviewed and approved by the State, which describes in detail the work activities to be undertaken by the Sponsor in order to fulfill the requirements of Minn. Stat. �§ 103F.701 through 103F.761 and Minn. R. 7076.0100 to 7076.0290. An approved Project Work Plan shall include or incorporate by reference at least the following: an approved Project vlonitoring Plan, an approved Quality Assurance Project Plan (QAPP), an approved Milestone Schedule, an approved project budget according to Program Elements. N. AGREEMENT A. DEVELOPMENT OF PROJECT WORK PLAN In accordance with the conditions for a Work Plan as provided for in Minn. R. 7076.0230, subp. 1(B) the Proj ect Sponsor shall submit for review and approval by the State a Project Work Plan. The Work Plan sha11 be applicable to the Springbrook Nature Center Wetlands identified in the Sponsor's grant application. The Work Plan shall be developed in accordance with the Clean Water Partnership Diagnostic Study and Implementation Plan developed by the Springbrook Subwatershed Restoration Project and approved by Celine Lyman of the NIPCA in a letter dated October 5, 2000. The Work Plan shall include the following: 1. Monitoring Plan. The Monitoring Plan shall be consider8d a component of the Project Work Plan. In addition to fulfilling the provisions of Minn. R. 7076.0230, subp. 1 a, and 7076.0250, subp. C, the Monitoring Plan shall: GTCWP202.DOT 5/02 CWP PHASE II GRANT MPCA/REht ?�35923 Springbrook Subwatershed Implementation Project Page 5 of 28 a. Identify monitoring data needed to evaluate the water quality concerns and objectives of the project. �fonitoring objectives shall be specific, realistic and manageable and shall include specific field, laboratory, and quality assurance methods to be used in the project. b. Identify initiai data analysis and assessment plans to meet the requirements of Minn, R. 7076.0240, subp. 4. Describe the operating procedures to be used in water sampling, sample handlino, laboratory analysis, field and laboratory quality assurance and quality control, and data mana�ement. The Project Sponsor shall prepare and submit a quality assurance project plan (QAPP) acceptable to the State and consistent with "Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans QAMS-005/80" (EPA-600/4-83-004:NTIS PB 83-170514). State guidance for the development of a quality assurance project plan, including "Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans QAMS-005/80," can be obtained from: The Program Support and Training Section, Regional Environmental �ianagement Division, Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, MN, 55155-4194. d. Describe information reporting procedures that shall: 1) Document the monitoring program activities described above and facilitate data analysis and assessment. 2) Ensure the timely submittal of quality assured water quality monitoring data in an electronic form suitable for entry into the U.S. Environmental Protection Agency (EPA) Data Storage and Retrieval System (STORET) in accordance with Sections IV., D., 12., g.) of this Agreement and perform verification of proper system entry of data. � e. Describe the techniques that will be used for calculating flow and nutrient loadings. , Project Goals and Objectives. Detailed Project goals and objectives shall be developed and prioritized by the Project Sponsor. Project Goals and Objectives shall include: , a. Lmplementation goals and objectives for BMPs. b. Descriptions of the anticipated cost-benefit of BMP implementation and the anticipated effectiveness and efficiency of Bi�IP implementation. GTCWP202.DOT 5l02 CWP PHASE II GRANT MPCA/REM A35923 Springbrook Subwatershed Imptementation Project Page 6 of 28 c. Specific and, as appropriate, quantifiable goals and objectives for improvements in water quality. Project ;oals and objectives shall be reported and modified in accordance with the provisions of IV., D., 12. "flnnual Progress Report" of this Agreement. 3. Desi�ation and Description of Program Elements. Idenrify and designate each si�ificant Work Plan activity as a Program Element. The number of Program Elements shall not exceed twelve. If additional detail of program activities is necessary Program Sub-Elements may be devised subject to approval of the State. Descriptions of Pro�am Elements, or as appropriate Sub-Elements, shall describe in detail activities and objectives within each Program Element that must be accomplished to implement the Project Work Plan of and approved Diagnostic Study and Implementation Plan. 4. Project Outlay Budget Summary. A budget which describes project costs according to Program Elements and includes columns indicatino: grant cash expenditures, loan cash expenditures, in-kind e.cpenditures, Sponsor cash expenditures, total expenditures. 5. Project Support Budget. A budget summarizing Sponsor and Contributing Sponsor support for the Project. This budget shall include columns for cash contributions and in-kind contributions and rows for the Sponsor, Contributing Sponsors, and the CWP Grant and CWP loan being requested. 6. A Milestone Schedule which includes at least the following: a. A description of the schedule for initiation and completion of Work Plan activities including BMP implementation and installation. The description of Work Plan activities shall include sufficient detail for the State to determine if the Project Sponsor is accomplishing project goals and objectives in a timely manner. b. A schedule which indicates the specific �ates upon which the Project Sponsor is responsible for submitting to #he State the Project reports provided for in this Agreement. 7. Itemized Program Element Budget. A detailed budget indicating specific tasks within Program Elements, and for each task designating activities to be completed by the Project Sponsor, Contributing Sponsors, and Contractors�respectively, and indicating by type of personnel: hours and hourly rates as well as expenses for supplies equipment and contractual services. The Itemized Program Element Budget should also indicate whether a bud�eted expense will be a) an in-kind contribution; b) a cash expenditure utilizin� loan funds; or c) a cash erpenditure utilizing grant, local or other non-loan funds. GTCWP202.DOT �/OZ CWP PHASE II GRANT �IPCA/RE�1 A35923 Springbrook Subwatershed Implementation Project Page 7 of 28 8. An Implementation Activities Uniform Quality Assurance Plan. An Implementation Activiries Uniform Quality Assurance Plan consistent with N., D., 9. of tYus A�eement B. �iCORPORATION OF PROJECT WORK PLAN INTO THIS AGREE�NT Upon written approval by the State, the Project Work Plan and any subsequent amendments or revisions thereto which are approved by the State in writing shall be incorporated into this A�eement by reference. 2. Notwithstanding N., B., l., the State Grant Share available to the Sponsor for completion of the activities described in the approved Project Work Plan shall be the amount provided for in Part I. "SLi�vIMARY", Part N., C., 3"Budget" and Part N., E. "F1�TANCIAL PARTICIPATION," of this Agreement, as amended. C. COMPLETION OF PROJECT WORK PLAN l. In accordance with the conditions for a Project Implementation Grant (Phase II Grant) as provided for in Minn. R. 7076.0100 to 7076.0290, and in accordance with: a. The approved Project Work Plan, including any subsequent amendments or revisions thereto which are approved by the State in writing, b. Section N, C., 2. "Budget Period," Section N, C., 3. "Budget," Section N, C., 5. "Special Conditions" and Sections N, D. through H. of this Agreement. The Project Sponsor shall implement measures and activities identified in the approved Project Work Plan for the Project Waters of.Concern and the Project Area. 2. Budget Period: This Agreement shall be effective upon the date that the last signature is obtained by the State, pursuant to Minn. Stat. § 16C.05, subd. 2, and shall remain in effect for three (3) years or until all obligations set forkti in this contract have been satisfactorily fulfilled, whichever occurs first. 3. Budget Project Sponsor Share .................... $200,674.00 State Grant Shaze ............................$200,669.00 Total Eligible Project Costs............$401,343.00 The State Grant Share shall be no more than fifty percent (50%) of the Total Eli�ible Project Costs, but in no case shall it exceed $200,669.00 GTCWP202.DOT Si02 CWP PHASE [I GRANT hiPCA/REM A35923 Springbrook Subwatershed Implementation Project Page 8 of 28 4. Consideration. All services performed and goods supplied by the Project Sponsor pursuant to this grant a�eement shall be paid by the State as follows: a. The total obli�ation of the State for all compensation and reimbursements to the Project Sponsor shall be consistent with the Work Plan Budget, which is incorporatedby reference and made part of this a�eement and shall not exceed $200,669.00. b. Travel and subsistence expenses actually and necessarily incurred by the Project Sponsor's performance of this grant agreement shall be reimbursed in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Employee Relations. The Project Sponsor shall not be reimbursed for travel and subsistence expense incurred outside the State of Minnesota unless it has received prior written approval for such out of state travel from the State. Minnesota shall be considered the home state for determining whether travel is out of state. 5. Special Conditions. This Agreement shall be subject to the following Special Conditions: a. Best �fana�ement Practices Continuing Operation and Maintenance Plan. Within one (1) year of the execution of this Agreement, the Project Sponsor shall prepare and submit to the State for review, a draft Best Management Practices Continuing Operation and Maintenance Plan, which shall address at least the following: 1) Designation of responsibilities for the continuing operation and maintenance, as defined herein, of BMPs, including but not limited to: a) Ensuring the continuing, efficient operation of BMPs for a time period not less than the respective minimum useful life assigned to each BMP; b) Describing in detail the finaricial responsibilities and commitments, and other appropriate commitments, that will ensure the continuing, efficient operation of BNIPs; and c) Proposing minimum useful lives to be assigned to each particular type of BMP, where the minimum useful life is the minimum time period over which operation and maintenance, as defined herein, shall be undertaken. 2) Where individual land managers, local units of govemment, agencies, or organizations other than the Project Sponsor shall be delegated complete or partial responsibility for the continuing operation and maintenance of BMPs as defined herein, the Project Sponsor shall describe the GTCWP202.DOT 5/02 CWP PHASE [I GRAVT bfPCA/REM A35923 Springbrook Subwatershed Implementation Project Page 9 of 28 administrative, legal and fiscal arrangements, including remedial action, which shall be available to, and as necessary to meet the conditions of this Part utilized by the Project Sponsor, to ensure continuin� operarion and maintenance, as defined herein, oFBVIPs. 3) A procedure for monitoring and reportino the continuing operation of BMPs for at least the minimum useful life assigned to each BMP. b. NotwithstandinQ Section N., E., "FINANCIAL PARTICIPATION," of this A�reement, the State may withhold payment until such time as the Project Sponsor submits a draft Best Management Practices Continuing Operation and i�Iaintenance Plan and the State approves the Project Sponsor's Best Management Practices Continuing Operation and l�iaintenance Plan. Implementation of Best �ianajement Practices Continuing Operation and Maintenance Plan. Notwithstanding Section IV., E., "FINANCIAL PARTICIPATION" of this Agreement, the State may withhold Final Payment as described in Section N., E., "FINAIVCIAL PARTICIPATION," 3., d). "Final Payment," and 10., "Withholding Payments," until such time as the Proj�ct Sponsor [or the appropriate delegated local governmental unit, agency, organization, or individual as identified according to IV., C., 5. "Special Conditions," a) 2) implements and, as appropriate, enacts the provisions (including administrative, legal and fiscal arrangements), of a"Best Management Practices Continuing Operation and Maintenance Plan" which has been approved by the State. D. GENERAL CONDITIONS OF AGREEMENT Exclusive Use of Project Funds. The Project Sponsor shall use all State funds disbursed to it under this Agreement exclusively for the purposes described in this Agreement. The Proj ect Sponsor shall keep complete and accurate records that fully disclose the amount and disposition of such funds, as well as funds and in kind used for match. The books, records, documents, accounting procedures and practices of the Project Sponsor relevant to this Ag;eement shall be subject to examination by the NIPCA, the Legislative Auditor and/or the State Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 2. Completion of Project. The Project Sponsor shall complete the project described in Section N, Parts A through C of this Agreement as amended, in accordance with the budget and project schedule described therein. 3. Liability. The Project Sponsor must indemnify, save and hold the State, its representatives and employees harmless from any claims of action, including attomeys fees incurred by the State, arising from the performance of this Agreement by the Project Sponsor or the Project Sponsor's agents or employees. This clause GTCWP202.DOT Si02 CWP PEG�SE [I GRANT MPCA/REM A35923 Springbrook Subwatershed Implementation Project Page 10 of 28 shall not be construed to bar any legal remedies the Project Sponsor may have for State's failure to fulfill its obligations under to this Agreement. 4. Amendments a. Any amendment to this Agreement must be in writing and shall not be effective until it has been executed and approved by the same parties who executed the original Agreement or their successors in office. The Project Sponsor may apply to the State to amend this Agreement for the following purposes: 1) Estension of the project work plan schedule, project period or bud�et period; 2) Increases or decreases in the eli�ible project costs and the State grant share; 3) Reallocation of project funds to different Program Elements; 4) Increases or decreases in the scope of the project. b. Amendment requests shall also include the followin� information as indicated below: 1) Where the amendment request includes increases or decreases in total eli?ible project costs or increases or decreases in the State grant share of the Project, a request for amendment shall also include the following: a) Project Amendment Budget. A budget which describes project costs according to Program Elements and includes columns indicating: the currently approved project budget, increases or decreases requested, and the revised budget. b) Project Support Budget. A budget summarizing Sponsor and � Contributing Sponsor support for the Project. This budget shall include columns for cash contributions and in-kind contributions and rows for the Sponsor and Contributing Sponsors, and CWP Grant and CWP loan being requested. c) Detailed, itemized Program Element bu�lgets, and support budgets which are consistent with the most recently available project work plan budget preparation guidance provided by the State. d) Where the Project Sponsor is subcontractin� for ArchitecturaU EnDineerin, or other consulting services, an unexecuted amended ArchitecturaUEnaineerin� Agreement or equivalent indicating changes in the cost, scope of work, and budget period. GTCWP202.DOT 5/02 CWP PELISE [I GR:1NT MPCA/REM A35923 Springbrook Snbwatershed Implementation Project Page 11 of 28 2) A project and budget period extension request if the period is to be extended. 3) Any additional informarion deemed necessary or appropriate by the State to clarify the nature or purpose of the request. 4) Amendments to this Agreement which are mutually acceptable to the Project Sponsor and the State shall be effective upon the date that the last si�nature is obtained by the State, pursuant to l�finn. Stat. § 16C.0�, subd. 2, and shall remain in effect until the conclusion of the original budget period, or if amended, the conclusion of the amended budget period. 5) �linor modifications of the Project Work Plan may be undertaken by the Project Representative with prior written approval of the State. Designation of Project Representative. The Project Sponsor shall, by resolurion of its governing authority, appoint a Project Representative. The Project Representative shall have full authority to represent the Project Sponsor in its fulfillment of the terms, conditions and requirements of this AD eement and in all matters which, according to the conditions of this A�eement, do not specifically require action by the same parties who executed this Agreement or their successors in office. The State shall direct Project correspondence to the Project Representative or copy the Project Representative on Project correspondence, and shall consider correspondence from and action on the part of the Project Representative as representations and actions taken by the Project Sponsor. A certified resolution appointing the Project Representative shall be forwarded to the State upon execution of this Agreement. If the Project Sponsor's Project Representative changes at any time during this Agreement, the Project Sponsor must immediately notify the State. 6. Subcontracts. Architectural and Engineering Services. Except for Project Work Plan activities undertaken as in-kind contributions by contributing sponsors, the Project Sponsor shall neither assign nor transfer any rights or obligations under this ' Agreement without the prior consent of the State and a fully executed assignment � agreement executed and approved by the same parties who executed and approved I this agreement, or their successors in office. The Project Sponsor may enter into subcontracts under terms and conditions specified by the State, to engage ' architectural, engineering, and related services to assist in the completion of the work specified in the Project Work Plan. Subcontracts, or amendments to existing subcontracts, for the performance of any or all of the work to be performed under this A�eement shall be subject to the following conditions: a. The Project Sponsor shall comply with all applicable State laws and rules in its selection of architects, engineers or contractors to perform any of the work required under the terms of this A?reement. GTCWP202.DOT �i02 CWP PHASE [I GRANT MPCA/REM A35923 Springbrook Subwatershed Imptementation Project Page 12 of 28 b. Subcontracts between the Project Sponsor and any person with whom it contracts for the purposes of performing work under this Agreement shall provide that the State is a third-party beneficiary to the subcontract. c. Prior to the execution of subcontracts, the Project Sponsor shall provide for State review a copy of the Subcontract including, a breakdown of the subcontractor's costs and prices. Such information shall include hourly rates, the costs of supplies and expenses, and indirect rates and costs. d. The Project Sponsor shall provide the State with an executed copy of each subcontract within 30 days of the execution of such subcontract. e. For profit makin� or?anizations the rate(s) and amounts of profit incorporated into hourly rates shall be indicated and the Project Sponsor shall review hourly rates, indirect rates, and profit rate(s), negotiate adjustments in such rates as appropriate, and forward the rates, as adjusted, to the State. f. Subcontractors shall provide written notification to the Sponsor, and the Sponsor shall notify the State, regarding adjustments in indirect rates, hourly rates, or profit rates. Such adjustments shall be subject to review by the Sponsor and the State before payment is provided at such adjusted rates. g. The Project Sponsor shall retain its right to assign its subcontract with any person in regard to performance of this Agreement, and any or all rights pursuant thereto, to the State. h. The Project Sponsor shall be responsible for the satisfactory and timely completion of all work required under any subcontract and the Project Sponsor shall be responsible for payment of such subcontracts. i. T'he Project Sponsor shall exert all reasonable effort to investigate claims which the Project Sponsor may have with respect to the work performed under this Agreement and, in appropriate circumstances, take whatever action, including withholding of payment and legal recourse, is available to the Project Sponsor. j. The Project Sponsor shall pay all subcontractors, less any retainage, within 10 calendar days of receipt of payment to the Project Sponsor by the State, for undisputed services provided by the subcontractors and must pay interest at the rate of one and one half percent per month on any part of a month on any undisputed amount not paid on time to the subcontiactor. k. All subcontractors shall reference this Agreement and the Project Sponsor shall require the subcontractors to comply with all the terms and conditions of this Agreement. GTCWP202.DOT 5/02 CWP PE{ASE [I GRANT MPCA/REM A35923 Springbrook Subwatershed Implementadon Project Page 13 of 28 7. Development of Plans and Specifications. Where the Project Sponsor intends to undertake the construction, aIteration, repair or maintenance of real or personal property the Project Sponsor shall develop and submit to the State suitable plans and specifications for the activity prior to: receiving authorization to bid; initiating selection of a contractor; and initiating construction, alteration, repair or maintenance activities. 8. Subcontracts - Construction, Supplies & Materials. Except for Project Work Plan activities undertaken as in-kind contributions by Contributing Sponsors, the Project Sponsor shall neither assi� nor transfer any rights or obligations under this AD eement without the prior consent of the State and a fully executed assi�unent a�eement executed and approved by the same parties who esecuted and approved the agreement, or their successors in office. The Project Sponsor may enter into subcontracts under terms and conditions specified by the State, for the purchase or rental of supplies, materials or equipment and for the construction, alteration, repair or maintenance of real or personal property. Subcontracts shall be entered into to complete the work specified in the Project Work Plan. Subcontracts, or amendments to existing subcontracts, for the performance of any or all of the work to be performed under this A�eement shall be subject to the following conditions: a. Contracts for the purchase or rental of supplies, materials or equipment and for the construction, alteration, repair or maintenance of real or personal property shall be entered into according to the provisions of the Uniform Municipal Contracting Law (Minn. Stat. § 471.345). b. Subcontracts between the Project Sponsor and any person with whom it contracts for the purposes of performing work under this Agreement shall provide that the State is a third-party beneficiary to the subcontract. Competitive Bid. The Project Sponsor shall, prior to contracting for goods or services subject to competitive bid requirements of the Uniform Municipal Contracting Law (Minn. Stat. § 471.345), obtain the authorizations, and endorsements from the State indicated below: Authorization to Bid and Endorsement of Contract Award. Prior to bid advertisement, the Project Sponsor shall submit all documents relating to the bid process to the State for review. Upon opening bids, the Project Sponsor shall provide the State with: the bidder selected for award of the contract; copies of the proposal and bonds from the bidder selected; a tabulation of all bids received; a copy of each addendum issued during the bidding period and acknowled�ment of its receipt and incorporation by the successful bidder; a justification indicating why the low bidder is not responsive and responsible if award is to be made to other than the low bidder; and a revised cost estimate as necessary. The State shall revie�v the materials described in this provision and provide the Project Sponsor with a written endorsement of the bidder selected by the Project Sponsor for award of the contract. GTCWP202.DOT �i02 CWP PHASE II GRANT MPCA/REM A35923 � Springbrook Subwaters6ed Implementation Project Page 14 of 28 d. The Project Sponsor shall provide the State with an executed copy of each subcontract within 30 days of the execution of such subcontract. e. The Project Sponsor shall comply with all applicable State laws and rules in its selection of contractors to perform any of the work required under the terms of this A�eement. f. The Project Sponsor shall be responsible for the satisfactory and timely completion of all work required under any subcontract and the Project Sponsor shall be responsible for payment of such subcontracts. g. The Project Sponsor shall exert all reasonable effort to investigate claims which the Project Sponsor may have with respect to the work performed under this A�eement and, in appropriate circumstances, take whatever action, including withholding of payment and legal recourse, is available to the Project Sponsor. h. The Project Sponsor shall pay all subcontractors, less any retainage, within 10 calendar days of receipt of payment to the Project Sponsor by the State, for undisputed sen•ices provided by the subcontractors and must pay interest at the rate of one and one half percent per month on any part of a month on any undisputed amount not paid on time to the subcontractor. i. All subcontractors shall reference this Agreement and the Project Sponsor shall require the subcontractors to comply with all the terms and conditions of this Agreement. 9. Implementation Activities Uniform Quality Assurance Program. The Project Sponsor shall develop and submit to the State and obtain State approval of a uniform quality assurance program which provides for: a. Inspection and certification procedures for construction; alteration, repair or maintenance of real or personal property which will not be contracted. b. Inspection and certification procedures for construction, alteration, repair or maintenance of real or personal property which will be contracted. c. Certification methods for materials. The level of inspection and certification provided for contracted and noncontracted construction activities shall be commensurate with the scope and complexity of the construction undertaken. Notwithstanding, Section N., E., "FIi�1ANCIAL PARTICIPATION," of this A�reement, the State may withhold payment until such time as the Project Sponsor GTCWP202.DOT 5/02 CWP PHASE II GRANi' MPCA/REM A3�923 Springbrook Subwatershed Implementation Project Page 15 of 28 Submits and the State approves an Implementation Activities Uniform Quality Assurance Pro�am. 10. Records Maintenance. The Project Sp�>nsor, subcontractors, and contributing sponsors with whom the Project Spons �r enters into a�eements to perform any or all of the work required under the terms o:'this A�eement, shall maintain complete and accurate books, records, documents, an d accounring procedures. Such books, records, documents, and accounting pr��cedures shall fully disclose the amount and disposition of all State Grant funds disl�ursed under this Agreement, as well as funds and in kind contributions used for matc h. Such records shall also account for: disposition of project espenditures, prcperty purchased, pro�am income, and documentation of compliance with applicable federal, state, or local laws, ordinances, rules or re�ulations, and the conditions of this Agreement. Such records shall be available to authorized representatives of the State, including the State contracting deparlment= the State Auditor and/or tt� e Legislative Auditor, as appropriate, for examination and audit and shall be maintained for a minimum of six (6) years after termination of this Agreement. If duri�ig the period when this Agreement; as amended, is effective or within six (6) years thereafter, the Project Sponsor has an independent audit conducted which inc ludes or addresses the activities of this Agreement a copy of the audit shall be provided to the State. 11. �tonitoring Pro�am. A Monitoring Plan shall be submitted by the Sponsor for review and approval by the State and s iall address the entire project period. Monitoring activities conducted prior t� initial State approval of the Project Sponsor's monitoring plan shall not be considereil eligible costs unless a specific exception is provided for in writing by the State a. The Project Sponsor shall annual ly review its existing Monitoring Program and accumulated monitoring data, an�i submit appropriate revisions of its Monitoring Program to the State Eor review by February 1 of each project year. The State shall review and appro��e the Project Sponsor's Monitoring Program before authorizing the Local Proj ect Sponsor to proceed with monitoring beyond the first calendaz quarter �f that year. b. In addition to the annual review c�f its Monitoring Program as described in this subpart, the Sponsor, subject to prior written approval by the State, may at any time revise its Monitoring Program and submit such revisions for review and approval by the State. The State shall review revisions of the Project Sponsor's Monitorin' Program and may wi :hhold authorization of monitoring and determination of cost eligibility f�r monitoring activities until said revisions are approved by the State. c. No monitoring conducted after N[arch 31 of a project yeaz shall be considered an elijible project cost unless the State has approved the Monitoring Program submitted by the Project Sponsor for that year. GTCWP202.DOT �/02 CWP P[-[r�SE (I GRANT MPCA/REbt A35923 Springbrook Subwatershed Implementation Project Page 16 of 28 12. Annual Prog.ress Report. The Project Sponsor shall submit for review and approval by the State an Annual Pro�ess Report for each calendar year or part thereof during which this A�eement is in effect. The Annual Progress Report shall be submitted to the State by February 1 and shall include at least the following information for the previous calendar year: a. A brief discussion of the relationship of the yeaz's activities to the overall goals and objectives of the project, and any proposed changes or modifications in the overall goals and objectives. b. A discussion of project findings appropriate to the work conducted during the reportin� year, includin� Work progress relative to the Project Work Plan milestone schedule, and difficulties encountered during the annual reporting period. c. A summary of Work Plan activities completed which, pursuant to Minn. R. 7076.0230 to 7076.02�0, includes sampling event locations for water quality and related environmental sampling, dates, and results, and summarizes the significance of the data, and analysis and assessment activities undertaken. Graphical presentations should be used as appropriate. d. A report of espenditures and in-kind contributions in the previous annual reporting period and those anticipated during the upcoming annual reporting period. The report shall indicate previous and anticipated expenditures and in- kind contributions by calendar year. e. A summary of federal in-kind or cash contributions provided during the calendar year which have been used as local match for the Project. The report shall identify the federal source(s) and the corresponding amount(s). f. A summary of the reporting year's Best Management Practices (BMPs) identifying the type, number and location of BMPs, funding levels or sources and the outcome of nonpoint source pollution control activities. This data shall be reported in a format prescribed by the �tate. g. Monitoring Data Reporting (STORET). The water quality monitoring data collected during the project shall, through a cooperative arrangement with the State, be verified and entered into the U.S. Environmental Protection Agency Data Storage and Retrieval System (STORET). The data shall be submitted annually in conjunction with the Annual Progress l�eport. Monitoring data shall be reported in a STORET compatible format acceptable to the State. 13. Semi-Annual Report. The Project Sponsor shall submit to the State for review and approval a Semi-r�nnual Report of Project Activities for each period ending June 30th during which this Agreement is in effect. The Semi-Annual Report shall be due to GTCWP202.DOT �r02 CWP PEGISE [I GRANT MPCA/REM A35923 Springbrook Subwatershed Im��lementation Project Page 17 of 28 ` the State by August 1 st. The Semi-Annual Report is intended to supplement and update the Annual Progress Report and shall include at least the following: a. `Vork progress relative to the Project Work Ptan milestone schedule, and difficulties encountered durino the report period. b. Itemized Program Element Budget Expenditure Report. The Project Sponsor shall provide a semi-annual update of project spending according to the approved, Itemized Program Element Budget indicating by each bud?et line item at least the followin�: 1) Cumulative expenditures and in-kind contributions through previous reporting periods; 2) Expenditures and in-kind contributions for the current reporting period; 3) Total expenditures. This report shall be provided in a format acceptable to the State. 14. Final Report. Upon completing the requirements of Minn. R. 7076.0240 and 7076.0250, and the approved Project Work Plan, the Project Sponsor shall develop and provide to the State a Final Report. The Final Report shall address at least the information required for the Annual Progress Report as detailed in Section N., D., 12. of this Agreement and shall summarize and evaluate such information for the entire duration of the Project. Upon project completion the project sponsor shall also submit a Final Financial Report showing the source and disposition of all grant and match funds, and in-kind contributions. 15. ! � 16 Nondiscrimination in Employment. During the performance of this Agreement, neither the Project Sponsor, nor those with whom the Project Sponsor subcontracts for all or part of the work to be performed under this Agreement shall, because of age, sexual preference, political affiliation, race, color, creed, religion, national origin, sex, marital status, status with regazd to public assistance or disability, discriminate against any person with respect to hire, tenure,;compensation, terms of employment, upgrading of employment, facilities, privileges or conditions of employment; refuse to hire persons seeking employment; or, dischazge an employee. Nondiscrimination in Availability and Use of Facilities. Neither the Project Sponsor, nor those with whom the Project Sponsor subcontracts for all or a portion of the work to be performed under this Agreement shall exclude any person from participating in, deny them the benefits of, or discriminate against them an the basis of race, color, creed, religion, national origin, sex, marital status, age, sexual preference, political affiliation, or status with regard to public assistance or disability. GTCWP202.DOT 5/02 CWP Pki�SE II GR�.NT MPCAlRE�t A35923 Springbrook Snbwatershed Implementation Project Page 18 of 28 17. Affirmative Action. The Project Sponsor certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minn. Stat. § 363.073. It is hereby agreed between the parties that Minn. Stat. � 363.073 is incorporated into this contract by reference. 18. Antitrust. The Project Sponsor hereby assigns to the state of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this A�eement resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the state of Minnesota. 19. Data Disclosure. Under I�Iinn. Stat. § 270.66, and other applicable law, the Project Sponsor consents to disclosure of its social security number, federal employer tax identification number, and/or i�iinnesota tax identification number, already 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 tas laws which could result in action requiring the Project Sponsor to file state tax returns and pay delinquent state tax liabilities, if any. 20. Project Si�s. The State shall provide the Project Sponsor with guidance regazding official Project Si�ns. The Project Sponsor shall construct one or more Project Signs consistent with the most r.ecent applicable guidance provided by the State. The Project Sponsor shall erect such Signs as appropriate sites adjacent to the Waters of Concern or at appropriate locations along major roadways within the project area. 21. Government Data Practices. The Project Sponsor and the State must comply with the Minnesota Governmental Data Practices Act, Minn. Stat. § 13, as it applies to all data. provided by the State in accordance with this Agreement and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Sponsor under this Agreement. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data referred to in this Article by either the Project Sponsor or the State. If the Project Sponsor receives a request to release the data referred to in this Article, the Project Sponsor must immediately notify the State. The State will give the Project Sponsor instructions concerning the release of the data to the requesting party before the data is released. 22. Intellectual Property Rights and Ownership of Materials. � a. Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyriDhts, patents, trade secrets, trademarks, and sen�ice marks in the Works and Documents created and paid for tcnder this Agreement. �Vorks means all inventions, improvements, discoveries (�vhether or not patentable), databases, computer pro�ams, reports, GTCWP202.DOT Sr02 CWP PH.a�E II GRA,�IT MPCA/REM A35923 Springbrook Subwatershed Implementation Project Page 19 of 28 notes, studies, photographs, negatives, desi�ns, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or ori�nated by the Project Sponsor, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this A�eement. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, dra.wings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepazed by the Project Sponsor, its employees, agents, or subcontractors, in the performance of this A�reement. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Project Sponsor, at the Project Sponsor's espense, upon written request of the State or upon completion or cancellation of this A�eement. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Project Sponsor assigns all right, title, and interest it may have in the Works and the Documents to the State. The Project Sponsor must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and Documents. b. Notification. �Vhenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Project Sponsor, including its employees and subcontractors, in the performance of this agreement, the Project Sponsor will immediately give the State's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. Representation. The Project Sponsor must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents aze the sole property of the State, and that neither Project Sponsor nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. The Project Sponsor represents and warrants that the Works and Documents do not and will ndt infringe upon any intellectual property rights of other persoi�s or entities. Notwithstanding the Liability Clause, the Project Sponsor will indemnify; defend, to the extent permitted by the Attorney General; and hold hannless the State, at the Project Sponsor's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works or pocuments infringe upon the intellectual property rights of others. T'he Project Sponsor will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action arises, or in the Project Sponsor's or the State's opinion is likely to arise, the Project Sponsor must, at the State's discretion, either procure for the State the ri�ht or license to use the intellectual property rights at issue or replace or modify the alle�edly infringing Works or pocuments as necessary and GTCWP202.DOZ' Si02 CWP PHASE (I GRAYT MPCA/REM A35923 � Springbrook Subwatershed Imptementation Project Page 20 of 28 appropriate to obviate the in&ingement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law. The State hereby �rants a limited no-fee, non-commercial license to the Project Sponsor to enable the Project Sponsor's employees engaged in research and scholazly pursuits to make, have made, reproduce, modify, distribute, perform and otherwise use the Works, including Documents, for reseazch activities or to publish in scholazly or professional journals, provided that any existin� or future intellectual property rights in the Works or pocuments, including patents, licenses, trade or service marks, trade secrets, or copyrights, aze not prejudiced or in&inged upon, that the Minnesota Govemment Data Practices Act is complied with, and that individual rights to privacy are not violated. The Project Sponsor shall indemnify and hold hannless the State for any claim or action based on the Project Sponsor's use of the Works and Documents under the provisions of this Clause. Said license is subject to the State's pubiicity and acknowledgment requirements set forth in this Agreement. The Project Sponsor may reproduce and retain a copy of the Documents for research and academic use. The Project Sponsor is responsible for security of the Project Sponsor's copy of the Documents and compliance with the Nlinnesota Govemment Data Practices Act. A copy of any articles, materiais or documents produced by the Project Sponsor's employees, in any form, using, or derived from the subject matter of this license, shall be promptly delivered without cost to the State. d. The Project Sponsor agrees to acknowledge the State's funding of any resulting publications, data or other Materials, whether subject to copyright or not, with the following language: Funding for this publication (or document, paper, data, etc.) was provided by the Minnesota Pollution Control Agency from the State's Clean Water Partnership Grant Fund. e. Any publicity regarding the subject matter of this agreement must identify the State as the funding agency and must not be released without written approval from the State's authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, reseazch, reports, si�s, and similar public notices prepared by or for the Project Sponsor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this agreement. 23. Workers' Compensation. The Project Sponsor certifies t.Yrat it is in compliance with Minn. Stat. § 176.181, subd. 2, perta.ining to workers' compensation insurance coverage. The Project Sponsor's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees or a�ents and any claims made by any third party as a consequence of any act or omission on the part of these employees or a�ents are in no way the State's obligation or responsibiliry. GTCWP202.DOT �i02 CWP PHASE [I GR.qNT MPCA/RE�i A3�923 Springbrook Subwatershed Implementation Project Page 21 of 28 24. Cancellation. This A�eement may be canceled by the State or Project Sponsor at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation the Project Sponsor shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. Also, in the event of such a cancellation, the State shall be entitled to repayment, deternuned on a pro rata basis, of any funds initially advanced by the State to the Project Sponsor. The State may cancel this A�eement immediately if the State finds that there has been a failure to comply with the provisions of this Agreement, that reasonable progress has not been made, or that the purposes for which the funds were �anted have not been or will not be fulfilled. The State may take action to protect the interests of the State of �linnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. The State may immediately terminate this Agreement if it does not obtain funding &om the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Project Sponsor. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Project Sponsor will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds aze available. The State will not be assessed any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Project Sponsor notice of the lack of funding within a reasonable time of the State's receiving that notice. 2�. Acquisition of Permits. The Project Sponsor shall be responsible for acquisition of all permits necessary to undertake project activities and shall acquire such permits from appropriate federal, state, and local agencies and jurisdictions. This provision shall apply to permits issued by the NIPCA. 26. Equipment. Equipment purchased with grant or match funds must be used for Project purposes for the duration of the Project or the equipment's usefiil life, whichever comes first. If the Project Sponsor no longer needs a piece of equipment for Project purposes, the Project Sponsor shall so notify the NIPCA in writing. The NIPCA shall determine the disposition of such equipment. The MPCA may direct that the equipment be used on another project, be sold and the proceeds used for Project purposes or that it be used for some other water quality purpose. 27. Equipment Insurance. The Project Sponsor shall be responsible to procure and maintain adequate insurance coverage for any equipment used on the Project, whether purchased with project or any other funds; lent or given by any ajency, or�anization or person; or procured in any other manner. GTCWP202.DOT �i02 CWP PE{ASE II GRANT MPCAJREM A35923 Springbrook Subwatershed Impiementation Project Page 22 of 28 28. Precedence of Minn. R. 7076.0100 to 7076.0290. In the event that any provision of this Agreement is not consistent with the provisions of Minn. R. 7076.0100 to 7076.0290, the Rule supersedes the inconsistent provision. 29. Precedence of Parts I. through N. of this Ageement. In the event that any provision of the Project Work Plan approved by the State in writing and incorporated into this A�eement by reference is not consistent with Parts I. through N. of this A�eement, Parts I. throu�h N. supersede the inconsistent provision. 30. Assi�nment. The Project Sponsor may neither assi� nor transfer any rights or oblijations under this Agreement without the prior consent of the State and a fully executed assignment A�eement, esecuted and approved by the same parties who executed and approved this A�eement, or their successors in office. 31. Waiver. If the State fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 32. Endorsement. The Project Sponsor must not claim that the State endorses its products or services. 33. A�reement Complete. This Agreement contains all negotiations and agreements between the State and the Project Sponsor. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. E. FI'�i tANCIAL PARTICIPATION Local Share. The Project Sponsor shall make full payment of all project costs. 2. State Grant Share. The total State grant share for the project shall not exceed $200,669.00. The State shall provide financial assistance to the Project Sponsor in accordance with Section N., E., 3., of this Agreement. 3. Method of Payment. a. Conditions of Payment. All services provided by the Project Sponsor under this agreement must be performed to the State's satisfaction, as determined at the sole discretion of its authorized agent, and in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. The Project Sponsor shall not receive payment for work found by the State to be unsatisfactory, or performed in violation of federal,� state or local law, ordinance, rule or reg�.►lation. b. Initial Payment. Upon execution of this Agreement under Minn. Stat. § 16C.05, subd. 2, the State shall make payment to the Project Sponsor of twenty-five percent (25%) of the State Grant Share provided for in this A�eement in the amount of $50,170.00 GTCWP202.DOT Si02 CWP PFiASE II GRANT b1PCA/REM A3�923 Springbrook Subwatershed Implementation Project Page 23 of 28 Second Payment. Upon written approval by the State of the Work Plan required under Minn. R. 7076.0230, subp. 2, the State shall make payment to the Project Sponsor of thirty-five percent (3�%) of the State Grant Share provided for in this A�eement in the amount of �70,335.00. d. Third Payment and Withholding of Final Payment. Upon campletion of the requirements of Section N., E., 4., of this Agreement the State shall make payment to the Project Sponsor as follows: 1) If, as determined upon completion of Section N., E., 4., of this A�eement, the total eli�ble project costs necessary to complete the project, in accordance with the terms of this Agreement and 14finn. R. 7076.0100 through 7076.0290 is less than the total eligible project costs identified in this Agreement an amount equal to ten percent (10%) of the State grant shaze of the total eligible project costs so determined shall be withheld by the State until the State is satisfied that the project has been completed in accordance with the terms of this A�eement and Minn. R. 7076.0100 through 7076.0290. Upon determination of the amount to be so withheld the State shall make payment to the Project Sponsor in an amount equal to the difference between the amount withheld and the balance of the State Grant Shaze as determined above. 2) If, as determined upon completion of Section IV., E., 4., of this Agreement, the total eligible proiect costs necessary to complete the project in accordance with the terms of this Agreement and Minn. R. 7076.0100 through 7076.0290 is equal to or exceeds the total eligible project costs identified in this Agreement, an amount equal to ten percent (10%) of the State Grant Share provided for in this Agreement shall be withheld by the State until the State is satisfied that the project has been completed in accordance with the terms of this Agreement and Minn. R. 7076.0100 through 7076.0290. = Upon determination of the amount to be so withheld the State shall make payment to the Project Sponsor in an amount equal to the difference between the amount withheld and the balance of the State Grant Share provided for in this Agreement. , e. Final Payment. Upon completion and final approval of the project by the State in accordance with the terms of this Agreement and Minn. R. 7076.0100 through 7076.0290, and subject to Section IV., E., 6., a. "Limitations on Cost Sharin?" of this A�eement, the State shall make payment to the Project Sponsor of an amount equal to that withheld according to the conditions of either E., 3., d., 1) or 2) of this A�eement. GTCWP202.DOT �/02 CWP PF[ASE [I GR.�+NT htPCA/REM A35923 Springbrook Subwatershed Implementation Project Page 24 of 28 4. Project Review and Budget Adjustment. Upon expenditure of fifty percent of total eli�ble project costs by the Project Sponsor, the Project Sponsor shall, upon request of the State, make available to the State for review and approval: a. A detailed summary of project expenditures and in-kind contributions, and completed work plan activities, according to the approved Itemized Program Element Budget and including: 1) Invoices or payment vouchers indicatina that the �oods or services were received and paid for, 2) Listing of applicable labor hours, hourly rates, and indirect rates and costs, 3) Listing of material, supply, and equipment prices and costs, 4) Sufficient additional information to verify the nature and eligibility of the work plan activity, �) A specific description of the work product associated with each expenditure, and 6) A detailed accounting of cash and in-kind contributions used for match. b. A revised, Itemized Pro�am Element Budget which, indicates all previous project expenditures and in-kind contributions and the total eligible project costs necessary to complete the project in accordance with the terms of this Agreement and Minn. R. 7076.0100 through 7076.0290. The State shall: 1) Review expenditures to verify cost eligibility and acceptable completion of Work Plan activities, 2) Review the revised Itemized Program Element Budget which indicates the total eligible project cos'ts necessary to complete the project in accordance with the terms of this Agreement and Minn. R. 7076.0100 through 7076.0290; 3) Review eligibility and methods of determining match, and 4) Adjust the revised Itemized Program Element Budget to account for adjustments resulting from 1) and 2) of this part, and notify the Project Sponsor of the adjusted Itemized Pro�ram Element Budget. GTCWP202.DOT �i02 CWP PEiASE [I GRANT 1�1PCPJREM A3�923 Springbrook Subwatershed Implementation Project Page 25 of 28 If the corresponding State Grant Share of the adjusted Itemized Program Element Budget is less than the State Grant Share provided for in this A�eement the State Grant Share available to the Project Sponsor shall be subject to Section N., E., 6., a., "Limitations on Cost Sharing" of this Agreement. If the corresponding State Grant Share of the adjusted Itemized Program Element Budget is greater than the State Grant Share provided for in this A�eement the Project Sponsor may request an amendment to this Agreement in accordance with the conditions of Section N., D., 4. of this Agreement. 5. Payment Adjustment upon Amendment of Grant Agreement. When the total State Grant Share authorized to complete the project in accordance with the terms of this Agreement and titinn. R. 7076.0100 through 7076.0290 is increased by means of an amendment of this A�eement, upon execution of said amendment under Minn. Stat. § 16C.05, subd. 2, the State shall make payment to the Project Sponsor of the additional State Grant Share the Project Sponsor is entitled to receive in accordance with N., E., 1. throu�h 4. of this Agreement, as amended. 6. Limitations on Cost-Sharing a. In the event that the total expenditure necessary to accomplish the project objectives described in this Agreement is less than the total eligible cost provided for in this A�eement, actual costs incurred by the Project Sponsor in accomplishing the project objectives shall be used to determine the amount of State financial participation. b. Cost overruns are the amount by which the actual cost expended to complete a particular pro�am element, sub-element, or subcontract exceeds approved project budget costs or subcontract costs according to the conditions of this A�eement, as amended and shall be the sole responsibility of the Project Sponsor. Amendments to this Agreement due to changes in Project scope or duration which result in changes in project costs shall not be considered cost overruns and shall be eligible for increased State financial participation for all or a part of such additional costs. : 7. Minimum Local Contribution. At least 60 percent of the Project Sponsor's contribution (30 percent of total eligible project costs) to the Work Plan activities provided for by this Ag�reement shall come from nonstate and nonfederal sources. To be considered nonstate or nonfederal, a cash or in-kind contribution must be financed by funds which are either: ' a. Derived exclusively from local sources (e.g., local property taxes, fees, private contributions); or, GTCWP202.DOT 5l02 CWP P[�iASE [I GRA�IT MPCA/REM A35923 Springbrook Subwatershed Implementation Project Page 26 of 28 b. Derived &om revenue which while not necessarily local in its sources, has become subject to the exclusive control of the Project Sponsor or a Contributin� Sponsor (other than a state or federal agency or instrumentality) and is not subject to the specific terms, conditions, or purposes of state or federal projects or pro�ams, or activities conducted by state or federal agencies or instrumentalities. Derived &om loan assistance made available through the CWP. S. Determination of Eli�bility of In-kind Contributions. In-kind contributions shall be eli�ible costs subject to the following conditions: a. The activity is an approved and eli�ble activity for a particular Program Element according to the conditions of this A�eement, Minn. Stat. §� 103F.701 throu�h 103F.761 and i�Iirui. R. 7076.0100 to 7076.0290. b. The activity does not exceed the approved budget allotment for the Pro�am Element of which it is a part. The in-kind contribution is reasonable, necessary and allocable to the Project. d. The equivalent cash value for in-kind contributions is reasonable. Nonviolation of federal, state or local law, ordinance, regulation or rule. 9. Notification Regardina Indirect Rates for In-Kind Contributions. Upon execution of this Agreement, Contributing Sponsors providing in-kind contributions shall provide written notification to the State of indirect rates and hourly rates, including any fringe benefits. Contributing Sponsors providing in-kind contributions shall provide written notification to the Project Sponsor who shall in turn notify the State regarding indirect rates and hourly rates. Notification shall be provided in like manner when there are adjustments to indirect rates. Such adjustments shall be subject to review by the State before payment is provided at such adjusted rates. 10. Withholding Payments. Notwithstanding Section N., E. of this Agreement, the State may withhold payment on ten percent (10%) of the State Grant Share or on ten percent (10%) of the State Grant Shaze associated with a particulaz Program Element until such time as the State is satisfied, by means of inspection that satisfactory consfizction or equipment installation has been accomplished, or by means of review that a satisfactory work product has been completed which is consistent with the approved Monitoring Plan and Project Work Plan, or through documentation that an acceptable legal instrument has been duly e:cecuted. GTCWP202.DOT �/02 CWP PHASE fi GRANT ��iPCA/REM A3�923 F Springbrook Subwatershed Implementation Project Page 27 of 28 11. Annual Progress Report, Semi-Annual Reports and Withholding of Payments. Notwithstanding Section N., E., l. of this Agreement, the State may withhold payment until the Project Sponsor submits and the State approves an Annual Progress Report or Semi-Annual Report according to the conditions of Sections N., D., 12. and N., D., 13. respectively, of this A�eement. DEIVIAL OF PAY�IENTS AND RESCISSION OF THIS AGREEMENf The State may deny payments or payment of all unpaid funds if the State determines that: the project does not substantially conform to the requirements for a Project Implementation Grant as provided for in Liinn. R. 7076.0100 to 7076.0290; that project activities do not satisfy the conditions of the approved Monitoring Plan or the approved Project Work Plan; that the project or any part thereof is ineli�ble for State financial participation pursuant to Niinn. Stat. §§ 103F.701 through 103F.761 or Minn. R. 7076.0100 to 7076.0290; or, that there has been a significant violation of the conditions of this Agreement. The State reserves the right to at any time rescind this Agreement where substantial ineligibility of project activities or divergence from the approved Project Work Plan by the Project Sponsor has been determined by the State, or where the Project Sponsor fails to proceed with the work plan activities described herein in a timely manner so that it is reasonably certain that the Phase I Work Plan activities described herein will not be completed in accordance with the provisions of Minn. R. 7076.0225, subp. 3. G. STATE'S AUTHORIZED AGENT The State's authorized a�ent for the purposes of administration of this Agreement is: Faye E. Sleeper, Manager Address: Pro�ram Support and Training Section Regional Environmental Management Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 (612)297-3365 � or her successor in line. H. GOVERNING LAW, JURISDICTION AND VENUE. Minnesota law, without regard to its choice-of-law provisions, governs this Ag�reement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. cTCwP2oz.00r s;o� CWP PF{ASE U GRANT MPCA/REbI A35923 Springbrook Subwatershed Implementallon Project Page 28 of 28 In witness whereof, the paraes have caused this A�eement to be duly executed intendin� to be bound thereby. STATE E�CUMBR-�vCE vERIFICaTION NIINNESOTA POLLUTION CONTROL AGENCY Individua[ certifies :hat ficnds have been encumbered as required by tbtinn. Stat. Sections 16A.1 � ancl 16C.0.5. By By (with delegated authority) Title Title Date Date CITY OF FRIDLEY Project Sponsor eertifies that the appropriate person(s) have esecuted the A�eement on behalf of the Project Sponsor, as required by applicable articles, by-laws, resolutions or ordinances Bv Title Date � GTCWP202.DOT �/02 C'��"P PH.4SE [[ GRANT biPC,�'RE�( A3i9'_3 / � Qnr oF F�a.�r TO: FROM: AGENDA ITEM COUNCIL MEETING OF MAY 20, 2002 WILLIAM W. BURNS, CITYMANAGER �a RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: FINAL CHANGES INAPPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REYENUE FUNDS AND CAPITAL IMPROYEMENT FUND FOR THE YEAR ENDED DECEMBER 31, 2001 DATE: May IS, 2002 Attached you will fmd the fmal changes in the appropriations to the budget for the year ended December 31, 2001. These changes are similaz to those that we have brought to Council this time of yeaz for the past number of yeazs as we prepaze to publish the City of Fridley's Annual Financial Report. These changes are in keeping with Chapter 7 of the City Code. The majority of the changes are based on departmental initiatives that ha.ve caused an increase in efficiency of the department or a better delivery of service to our customers. The changes to the General Fwnd are occurring either from within departmental budgets or drawing from the Emergency Reserve. In no case is this increasing the overall General Fund Budget. The changes that are shown in a few of the Specia.l Revenue Funds are because these aze funds that traditiona.11y have not been established as part of the normal budgeting process due to the unknown aspect of each of their activities. StafPs recommendation is for the City Council to pass the attached resolution and complete the budget cycle for 2001. RDP/af Attachment � RESOLUTION NO. — 2002 A RESOLUTION AUTHORIZING FINAL CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS, AND CAPITAL IMPROVEMENT FUND FOR THE YEAR ENDED 2001 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and mod�cations that will allow for a better delivery of services, and VVHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2001. NOW, THEREFORE, BE IT RESOLVED that the General Fund, Special Revenue Funds, and Capital Improvement Fund budgets for the following divisions be amended as follows: APPROPRIATION ADJUSTMENTS CITY MANAGER ACCOUNTING ASSESSING MIS CITY CLERK POLICE FIRE RENTAL INSPECTIONS MUN. CENTER P.WORKS/ENGINEERING P.WORKS/PARKS P.WORKS/STREETS GENERAL FUND PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLI ES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES CAPITAL OUTLAY PERSONAL SERVICES SUPPLIES/CHARGES 10 7,853 ELIMINATE NEGATIVE VARIANCE 6,34T ELIMINATE NEGATiVE VARIANCE 10,950 ELIMINATE NEGATIVE VARIANCE (10,950) ELIMINATE NEGATIVE VARIANCE (1,984) ELIMINATE NEGATIVE VARIANCE 1,984 EUMINATE NEGATIVE VARIANCE (20,000) ELIMINATE NEGATIVE VARIANCE (54,260) ELIMINATE NEGATIVE VARIANCE 6,672 ELIMINATE NEGATIVE VARtANGE (1,082) ELIMINATE NEGATIVE VARIANCE 103,785 ELIMINATE NEGATIVE VARIANCE (20,548) ELIMINATE NEGAl1VE VARIANCE 44,456 ELIMINATE NEGATIVE VARIANCE (11,587) ELIMINATE NEGATIVE VARIANCE (45,000) ELIMINATE NEGATIVE VARIANCE (7,026) �LIMINATE NEGATIVE VARIANCE 75,562 ELIMINATE NEGATIVE VARIANCE (21,332) ELIMINATE NEGATIVE VARIANCE 13,384 ELIMINATE NEGATIVE VARIANCE 29,747 ELIMINATE NEGATIVE VARIANCE 22,118 ELIMINATE NEGATIVE VARIANCE �10,590) ELIMINATE NEGATIVE VARtANCE 4,392 ELIMINATE NEGATIVE VARIANCE 41,015 ELIMINATE NEGATIVE VARIANCE REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS F.C.C. DONATIONS FUND REVENUE ADJUSTMENTS � - APPROPRIATION ADJUSTMENTS I TOTAL APPROPRIATION ADJUSTMENTS 0 INTERGOVERNMENTAL PERSONAL SERVICES SUPPLIES/CHARGES i39,136 TO ESTABLISH BUDGET �m� 10,741 TO ESTABIISH BUDGET 28,395 TO ESTABLISH BUDGET ;39,136 DONATIONS 15,406 TO ESTABLISH BUDGET SUPPLIES/CHARGES 3,607 TO ESTABLISH BUDGET CAPITAL OUTLAY 11,799 TO ESTABLISH BUDGET ;15,406 CAPITAL PROJECT FUNDS CAPITAL IMPROVEMENT FUND APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES 99,177 ELIMINATE NEGATIVE VARIANCE CAPfTAL OUTLAY (1,006,832) TRANSFERS TO FUND 560 OTHER FINANCING USES 907,655 TRANSFERS TO FUND 560 TOTAL APPROPRIATION ADJUSTMENTS SO � PASSED AND ADOPTED BY T`HE CITY COUNCIL OF T'HE CITY OF FRIDLEY THIS 20TH DAY OF MAY, 2002. ATT'EST: DEBRA A. SKOGEN - CTTY CLERK 11 SCOTT J. LITND - MAYOR RECREATION NATURE CTR PLANNING NONDEPARTMENTAL EMERGENCY RESERVE TOTAL APPROPRIATION A�JUSTMENTS GRANT MANAGEMENT FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS HRA REIMBURSEMENT FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS SOLID WASTE ABATEMENT FUND REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS CAPITAL OUTLAY (27,703) ELIMINATE NEGATIVE VARIANCE PERSONAL SERVICES 11,460 ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES (7,015) ELIMINATE NEGATIVE VARIANCE PERSONAL SERVICES (496) ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES 3,764 ELIMINATE NEGATIVE VARIANCE CAPITAL OUTLAY (1,394) ELIMINATE NEGATIVE VARIANCE PERSONAL SERVICES (5,276) ELIMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES 5,276 ELIMINATE NEGATIVE VARIANCE PERSONAL SERVICES 1,044 E�IMINATE NEGATIVE VARIANCE SUPPLIES/CHARGES 16,434 ELIMINATE NEGATIVE VARIANCE (100,000) ELIMINATE NEGATIVE VARIANCE �0 � SPECIAL REYENUE FUNDS INTERGOVERNMENTAL PERSONA! SERVICES SUPPLIES/CHARGES OTHER FINANCING USES INTERGOVERNMENTAL SUPPLI ES/CHARGES 5794,890 ELIMINATE NEGATIVE VARIANCE � 34,644 ELIMINATE NEGATIVE VARIANCE 152,915 ELIMINATE NEGATIVE VARIANCE T,331 ELIMINATE NEGATIVE VARIANCE a,�a,sso 510,074 TO ESTABLISH BUDGET 510,074 TO ESTABLISH BUDGET CHARGES FOR SERVICES s3,123 ELIMINATE NEGATIVE VARIANCE � PERSONAL SERVICES SUPPLIES/CHARGES TOTAL APPROPRIATION ADJUSTMENTS DRUG/GAMBUNG FORFEITURE FUND REVENUE ADJUSTMENTS FINES AND FORFEITS APPROPRIATION ADJUSTMENTS TOTAL APPROPRIATION ADJUSTMENTS CHEMICAL ASSESS. TEAM FUND SUPPLIES/CHARGES CAPITAL OUTLAY 12 (2,096) ELIMINATE NEGATIVE VARIANCE 5,219 ELIMINATE NEGATIVE VARIANCE 53,123 516,599 TO ESTABLISH BUDGET 10,471 TO ESTABLISH BUDGET 6,128 TO ESTABLISH BUDGET 516,599 � = AGENDA ITEM CITY COUNCIL MEETING OF �TM oF MAY 20, 2002 FRIDLEY To: William. W. Burns, City l�ianager �� From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: May 14, 2002 Re: Blaine Jaycees Gambling Premise Permit Renewal Application — Sh�rewood Restaurant, 6161 Highway 65 NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Blaine Jaycees are currently conducting charitable gambling at Shorewood Restaurant, 6161 Highway 65 NE, however, their lease with Shorewood will expire on June 30, 2002. The renewal application requires a resolution of approval from the City Council. If approved, the premise permit would become effective July 1, 2002. Please find a resolution for the premise permit application. Staff recommends approval of the premise permit by adoption of the attached resolutian. 13 RESOLUTION NO. - 2002 RE50LUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR BLAINE JAYCEES (SHOREWOOD RESTAURANT� WHEREAS, the City of Fridley has been served with a capy of an Application for a Minnesota Lawful Gambling Premise Pemzit for the Blaine Jaycees; and WHEREAS, the locarion of the Premise Aernut is for the Shorewood Restaurant, 6161 Highway 65 Northea.st and the Lawful Gambling wauld become effective July 1, 2002; and WHEREAS, the City of Fridley has found no reasan to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Ciry of Fridley approves the Minnesota Lawful Gambling Premise Pernut Application for the Blaine Jaycees at Shorewood Restaurant located at 6161 Highway 65 Northeast. PASSED AND ADOPTED BY THE C[TY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2002. ATTEST: DEBRA A. SICOGEN - CITY CLERK 14 SCOTT J. LUND - MAYOR � � QfY OF FRIDLEY TO: � FROM: ' DATE: AGENDA ITEM CITY COUNCIL MEETING OF MAY 20, 2002 William W. Burns, Ciry Manager � � �� on �'��Haukaas Public Works Director J � May 15, 2002 SUBJECT: Award of 2002 Street Project On Wednesday, May Improvement Project. were received. PW02-041 15, 2002, at 10:00 a.m. bids were opened for the 2002 Street Fourteen sets of plans and spec�cations were sent out and four bids The low bid was received from W. B. Miller of Elk River, MN in the amount of $727,400.65. The bid versus budget breaks down as follows: Street Improvements Watermain Replacement Storm Sewer Improvements Sanitary Sewer Repairs Budget $600,000.00 100,000.00 25,000.00 25,000.00 :. $603,4'74.65 40,021.00 71,245.00 12,660.00 Approximately $335,000 will be available from the City's annual State Aid population allocation for off-system use to offset the street improvement costs. Approximately $38,000 will be reimbursed from the Rice Creek Watershed District for storm sewer treatment devices through their Municipal Storm Sewer Retrofit Program. Recommend the City Council receive the bids and award the 2002 Street Improvement Project No. 5T. 2002 - 1, to W. B. Miller of Elk River, MN, in the anlount of $727,400.65. JHH:cz Attachments 15 Bm FOR PROPOSALS 2002 STREET IMPROVEMENT PROJECT NO. ST 2002 -1 WEDNESDAY, MAY 15, 2002, 10:00 A.M. PLANHOLDER BID BOND BID ADDENDUM W. B. Miller AIA $727,400.65 Signed 6701 Norris Lake Rd NW Elk River MN 55330 Park Construction Company Granitt Ree $794,527.50 Signed 7900 Beech Street NE Minneapolis MN 55432-1795 Midwest Asphalt Corp A1A $803,288.05 Signed P O Box 5477 Hopkins MN 55343 Hazdrives Inc. AIA $814,207.15 Signed 14475 Quiram Drive Rogers MN 553749461 AMCOR Precast NO BID 6640 Industry Ave NW Ramsey MN 55303-4595 Bergman Companies Inc NO BID P O Box 659 Eau Claire WI 54702 Davies Water Equipment Co NO BID 1694 91 st Ave NE Blaine MN 55449 Elk River Concrete Products NO BID 6550 Wedgwood Road Maple Grove MN 55311-6660 Forest Lake Contracting Inc � NO BID 14777 Lake Drive Forest Lake MN 55025-9461 Knife Lake Concrete Inc NO BID 2026 Rowland Rd , Mora MN 55051 Minnesota Pipe & Equipment NO BID 5145 211 th Street W Farmington MN 55024 16 Bm FOR PROPOSALS 2002 STREET a1�iPROYEMENT PROJECT NO. ST 2002 - 1 WEDNESDAY, MAY 15, 2002, 10:00 A.M. PLANHOLDER BID BOND BID ADDENDUM North Valley Inc. NO BID 4105 85th Ave N Bldg B, Ste 203 Brooklyn Pazk MN 55443 Northwest Asphalt Inc NO BID 1451 Stagecoach Road Shakopee MN 55379 Penn Contracting, Inc. NO BID 13025 Central Ave NE Ste 200 Blaine MN 55434 17 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 2002 City of Fridley AS of 10J30/01 State of Minnesota Streets Capitai Imp�ovements 2001 Begin�ing Balance Revenues Funds Available Proiects Ending Balance Beginning Balance Revenues Funds Available Proiects Ending Balance Interest Income Minnesota State Aid - Construction Total Revenues 2001 Sealcoat Program (Area 4) 2001 Street Reconstruction Program Ward 2 " Design TH 65 Additional North & Southbound Lanes HRA (Total cost =$600,000 400,000 state 200,000 HRA). ' Gateway East-E Univ Ave Frontage Road (190,000) HRA Total Projects P��I�P� Interest Income One time transfer from Closed Debt Service Fund Total Revenues $ 1,835,057 91,753 100.000 $191,753 2,026,810 180,000 500,000 0 0 $680,000 $ 1,346,810 $ 51,346,810 67,340 2,800,000 $2,867,340 4.214,150 2002 Street Reconstruction Program Ward 3 40,000 � • Contract Budget Cost = $ 600,000 MSA Reimburse = (335,000) Special Assessment = (125,000) Stormwater Transfer = 10{ 0,000) 2002 Sealcoat Program (Area 5) "' Signal Painting Project , Contract Budget Cost = $ 55,000 MSA Reimburse = (55,000) Reconstruct 57th East of Univ to 7th St (200,000) HRA Total Projects ' New Project or Equipment " Relocated Project or Equipment "' State AidConst Fund From Milage Available 18 �� n $140,000 $ 4,074,150 . . 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 2002 City of Fridley As of 10/31/01 State of Minnesota Water Capital Improvements 2001 Well repair # 5 & 9 *' Replace 400 ft Watermain on Rice Creek Blvd ' Replace Roof on Wellhouse #8 Eliminated dead end lines - Hillcrest Dr to Femdale Street Project - watermain replacement Total 2002 Repair well # 1C& 12 Street Project - watermain replacement Hickory Dr watermain replacement - 69th Way to 70th Cir. Replace back wash electronics at Commons Commons Plant Recycle Vault Floor Modifications Irr�gation System at Commons Filter Plant Total 2003 Repair well # 10 & 11 Street Project - watermain replacement Interior repair, exterior inspection repair & painting of 1 1/2 MG standpipe at 53rd & Johnson St. ' Reconstruct water line 73rd & 73 1/2 (Salvage Yard Redevelop) (with HRA) Commons Park GAC Plant (Superfund Dollars/Grant) ' Repair Shop & Storage Building ' Hartman Circle Loop Total � 65,000 50,000 10,000 10,000 200,000 335 000 65,000 100,000 100,000 40,000 30,000 20,000 355 000 65,000 100,000 100,000 50,000 6,000,000 300,000 50,000 b 6,665,000 , 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 2002 City of Fridley As of 10/31/01 State of Minnesota Storm Capital Improvements 2001 Reline 30 in. storm sewer HWY 65 Service Dr (Fireside south 750 ft) Total 2002 Misc storm sewer line repair/street project upgrade (if needed) ' Reline 315 ft(15' RCP) storm sewer Bennett Dr, Madison to Jefferson Clean Wate� Partnership (Springbrook Nature Center) Total 2003 Pump for Riverview Heights flood protection Misc storm sewer line repair/street project upgrade (if needed) Storm sewer extension - Hughes Ave Clean Water Partnership (Springbrook Nature Center) Total Z� 100,000 100 000 25,000 50,000 16,000 91 000 20,000 25,000 50,000 16,000 111 000 � 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 2002 City of Fridley As of 10/31/01 State of Minnesota Sewer Capitai Improvements 2001 Reline or Repair 635 feet (24"ABS) pipe under � railroad tracks SCADA Ugrade - ERR (Wicks) ' SCADA Upgrade Locke Lift Station 0 Total 2002 Misc sewer line repairs with street project (if needed) SCADA upgrade Georgetown, Cheri Ln & Rice Creek lift stations Reline 10" CMP with Moore Lk Dr - Marigold - 58th Install New Sewer Line 57th Ave, Univ to 7th St (HRA) 100,000 21 Total :� �� 15,000 15,000 110 000 25,000 45,000 85,000 0 155 000 � � � CRY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF MAY 20, 2002 CLA1 MS � 0516� - 1054 � 6 22 � 0 � � QfY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 20, 2002 LICENSES � Type of License: B� JUNK YARD ' Central Auto Parts Gerald Haluptzok 1201 73 `/z Ave NE Fridley, MN 55432 TEMPORARY GAMBLING PERMIT North Metro Chapter of Muskies Bob Anderson PO Box 41216 Plymouth, MN 55441 Tamarisk Resourses Diane Refshaw 1281 Mississippi St Fridley, MN 55432 TEMPORARY LIQUOR LICENSE Lions Club of Fridley Hal Hinchliffe PO Box 32815 Fridley, MN 55432 CARNIVAL Gold Staz Amusements Connie Featherston PO Box 48057 � Coon Rapids, MN 55448 TREE REMOVAL AND TREATMENT ' Drobnick's Tree Service John Drobnick 311 93`d Ave NE Blaine, MN 55434 INTERSTATE COMMERCE SOLICITOR The Southwestern Co. Lashawn Morton 2451 Atrium Way Nashville, TN 37214 PEDDLER, SOLICITOR OR TRANSIENT Edward Jones Investments Mark Rasmussen 6209 University Ave NE Fridley, MN 55432 23 Approved By: Public Safety Fire Inspector Com. Dev., Bldg. Insp. Public Safety City Clerk Public Safety City Clerk Public Safety Public Safety Fire Inspector Building Inspector Public Works Public Safety Planning Public Safety Fee: $350 $25 Waived Waived $200 Dep. $40 $0 C, .1 City of Fridle AGENDAITEM City Council Meeting Of Monday, May 20, 2002 � Electrical Carr Electric Inc 413 4 Ave NW STE 4D Julie Carr New Prague MN 56071- Parsons Electric Co 5960 Main St NE Bili Olson Fridley MN 55432-5480 Rivard Electric Co Inc 7087 Progress Rd Donald Rivard Centerville MN 55038-8730 Gas Services Dave's Appliance Heating � Air Inc 1601 37 Ave NE David Roberts Columbia Heights MN 55421 Expert Sheet Metal Inc PO Box 90 Alison Perry Bethel MN 55005-0090 JT's Heating 8 Air Inc 413 4 Ave NW STE 4D Julie Carr New Prague MN 56071- • Owens Companies Inc 930 E 80 St John Owens Bloomington MN 55420-1499 General Contractor-Commercial D Bennett & Sons Inc 3300 Co Rd 10 #110 Brian Borash Brooklyn Center MN 55429- 24 • .. . -. State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official . . � � . � Fridley United Methodist Church 680 Mississippi St Gerald Robb Fridley MN 55432 Gallagher Patrick Pool Service 1808 Viking Blvd NW Patrick Gallagher Cedar MN 55011- Gustafson Construction Inc 1315 Frost Ave St Paul MN 55109- Zeman Construction Co 2900 Washington Ave N David Zeman Minneapolis MN 55411 General Contractor-Residential A-Line Construction Inc 6171 189 Ln NW Rodney Engebretson Anoka MN 55303- Ashton Construction Inc (20061746 64 Quehl Ave N Rick Ashton �akeland MN 55043- Asphalt Concrete Buy Knox Inc (20131090) 3300 5 St NE STE 230 Thomas Knox Minneapolis MN 5541& B � B Remodeling (9042) 6760 Madisbn St Jerry Bethel F�dley MN 55432 ' Bisciglia Construction (1848) 127 E Co Rd C STE 3 Robert Bisciglia Little Canada MN 55117- Capital Siding � Windows (20053636) 9673 Wynstone Dr Jeff Moore Woodbury MN 55125 25 Aooroved By: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN State of MN State of MN � � Center For Energy � Environment (20240121) 211 N 1 St STE 455 Robert Henderson Minneapolis MN 55401-1480 E K Builders Inc (1819) 13414 Marigold St NW Edward Kulesa Andover MN 55304- Eaco Construction (20225452) 982 104 Ln Tim Andrajack Coon Rapids MN 55433- Eagleview Construction Inc (20076043) 16323 Edison St NE Jim Mitchell Ham Lake MN 55304 Exterior Enhancements Inc (20271852) 9100 W Bloomington Freeway #140A David Kaas Bloomington MN 55431- Fridley Roofing & Remodeling (20269030) 830 W Main St #105 Todd Belrose Anoka MN 55303 Home Enhancers Inc (1949) 8609 Lyndale Ave S#201 Dan Baker Bloomington MN 55420- Jobe's Construction LLC (20216480) 25426 Grail Ct Brian Oberhol�er Wyoming MN 55092- Kallerup Erick Construction (7591) 1602 Archwood Rd Erick Kallerup Minnetonka MN 55305- Norling Exteriors Inc (20098700) 341 79 Way NE Jim Norling Fridley MN 55432 26 Anaroved By: State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN ■ . ■ y ■ ,. Site Works Design (20064896) 8210 Highwood Dr Bloomington MN 55438- Stevens Company Inc 10650 Co Rd 81 STE 217 Maple Grove MN 55369- Sun Valley Construction (20243517) 7351 Lyric Lane NE Fridley MN 55432- Hea�ina Dave's Appliance Heating & Air Inc 1601 37 Ave NE Columbia Heights MN 55421 Expert Sheet Metal Inc PO Box 90 Bethel MN 55005-0090 JT's Heating S Air Inc 413 4 Ave NW STE 4D New Prague MN 56071- Owens Companies Inc 930 E 80 St Bloomingto� MN 55420-1499 Plu- Hokanson Plumbing � Heating 9174 Isanti St Blaine MN 55449 Sign Erector Sign Solution Inc 3810 West Broadway Robbinsdale MN 55422- � Kevin Kahmann Steven Arrell Ed Klenotich David Roberts Alison Perry Julie CaR John Owens Roger Hokanson Glenn Seeger 27 Anproved Bv: State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN Ron Julkowski Building Official � Anoroved Bv: SignArt Co Inc 2170 Dodd RD Kevin Snyder Ron Julkowski Mendota Heights MN 55120 Buiiding Official : � � AGENDA ITEM cmroF CITY COUNCIL MEETING OF MAY 20, 2002 FRIDLEY INFORMAL STATUS REPORTS 29