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07/28/2008 - 6164� � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 7:30 p.m. - City Council Chambers Attendance Sheet . -. , PLFASS AR/NT NAMF, ADDRFSS AND /i'FM NUMBFR YOU ARF /IYTFRFSiFD /N. Print Name (Clearly) Address Item No. ' R_► O.��r en�' ��rr ��v���. �� �-IG a�S� �-Ur�� ��k-A � � `� � r ,. � � � � � V � Y � � I 2zl� �Q. � s p-�.(l u.�o� ��r��-�. �11 � -� �� �� � c��� — U i u� c7 (��`��' l��c. +�' � e �. 5 �- N-�v,n P� N� °� ,� � .� G� . ` `, '� CtTYOF FI2[DLEY FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 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 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Fridley `49er Days Royalty APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 14, 2008 � � � �� � OLD BUSINESS: � ;� ��� � / �� 1. Second Reading of an Ordinance Under Section 12.06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally Located on Springbrook Creek Near the Intersection of Broad Avenue and 79`h Way) (Ward 3) ................................... 1 - 2 NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of July 16, 2008 ................................... 3 - 6 3. Special U.se Permit Request, SP #08-10, by Warren Stock, Stock Roofing Company, LLC, to Allow for Limited Outdoor Storage, Generally ,Located at 7701 Main Street N.E. (Ward 3) ................................... 7 - 11 APPROVAL OF PROPOSED CONSENT AGENDA: -,� . NEW BUSINESS: ��r�� 4. Resolution Providing for the Issuance and Sale of $1,915,000 General Obligation Improvement Bonds, Series 2008A, Pledging for the Security Thereof Special Assessments and Levying a Tax for the Payment Thereof ............................... 12 - 22 5. Resolution Providing for the Issuance and Sale of $3,725,000 General Obligation Water Revenue Bonds, Series 2008B, Pledging for the Security Thereof Special Assessments and Levying a Tax for the Payment Thereof ............................... 23 - 33 n` � � �� ��� � '� 6. Resolution Ap}9ointing Election Judges for the 2008 Primary and General Elections . 34 - 36 � �. �� � C1; :r 7. Resolution Authorizing Participation in the Safe and Sober Communities Grant Program .................................. 37 - 38 � .. .�.L� n�����1 � � � Approve Joint Power Agreement between the City of Fridley and the City of St. Paul Regarding Public Safety Related to the 2008 Republican National Convention ............................. 39 - 55 Approve Change Order No. 1 for the 2008 Street Improvement Project No. ST2008-1 .................................. 56 - 58 FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 10. Claims (137613 —137735) ................ 59 11. Licenses ................................... 60 - 61 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items Not on Agenda — 15 Minutes NEW BUSINESS: 12. Informal Status Reports ..................... 62 ADJOURN. ., — , PAGE 2 � � CITY COUNCIL MEETING OF JULY 28, 2008 CffY OF FRIaLEi' 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 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Fridley `49er Days Royalty APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 14, 2008 OLD BUSINESS: 1. Second Reading of an Ordinance Under Section 12.06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally Located on Springbrook Creek Near the Intersection of Broad Avenue and 79t" Way) (Ward 3) ................................................................................................... 1 - 2 FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of July 16, 2008 .......................................................... 3- 6 3. Special Use Permit Request, SP #08-10, by Warren Stock, Stock Roofing Company, LLC, to Allow for Limited Outdoor Storage, Generally Located at 7701 Main Street N. E. (Ward 3) .................................................. 7- 11 4. Resolution Providing for the Issuance and Sale of $1,915,000 General Obligation Improvement Bonds, Series 2008A, Pledging for the Security Thereof Special Assessments and Levying a Tax for the PaymentThereof ........................................................................................... 12 - 22 5. Resolution Providing for the Issuance and Sale of $3,725,000 General Obligation Water Revenue Bonds, Series 2008B, Pledging for the Security Thereof Special Assessments and Levying a Tax for the PaymentThereof ........................................................................................... 23 - 33 6. Resolution Appointing Election Judges for the 2008 Primary and General Elections ............................................................. 34 - 36 7. Resolution Authorizing Participation in the Safe and Sober Communities Grant Program ............................................... 37 - 38 FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Approve Joint Power Agreement between the City of Fridley and the City of St. Paul Regarding Public Safety Related to the 2008 Republican National Convention ........................................................................................ 39 - 55 9. Approve Change Order No. 1 for the 2008 Street Improvement Project No. ST2008-1 ................................................... 56 - 58 10. Claims (137613 — 137735) ............................................................................ 59 11. Licenses ................................................................................................... 60 - 61 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items Not on Agenda — 15 Minutes NEW BUSINESS: 12. Informal Status Reports ................................................................................ 62 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY JULY 14, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director James Kosluchar, Public Works Director APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 23, 2008 APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance Amending the Fridley Home Rule Charter, Chapter 2. City Council Organization, Chapter 3. Procedure of Council, Chapter 4. Nominations and Elections, Chapter 5. Initiative, Referendum and Recall and Chapter 6. Administration of City Affairs. Williams Burns, City Manager, stated the proposed changes were initiated by the Charter Commission to maintain consistency with statutes and update terminology. All of the changes may be regarded as housekeeping rather than substantive in nature. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1250 ON SECOND READING. NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of June 18, 2008. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 2 RECEIVED. 3. Special Use Permit Request, SP #08-09, by Alisa Gutierrez, to Allow a Cat and Dog Grooming Business, Generally Located at 6501 Central Avenue N.E. (Ward 2). William Burns, City Manager, stated the petitioner wishes to establish a dog and grooming studio in a 720-square space in a strip mall at the above address. Staff determined that the use requires a special use permit in this C-2 General Business zoning district. On June 18, 2008, the Planning Commission recommended approval, subject to six stipulations. There is a seventh stipulation that states the petitioner shall properly seal and insulate the walls between her tenant space and adjoining tenant spaces up to the ceiling. That is something he understands the petitioner agrees with. Staff recommends Council's approval with the following seven stipulations: 1. The petitioner shall obtain a building permit prior to interior modifications of required by the Minnesota State Building Code. 2. The petitioner shall comply with Minnesota State Building Code requirements. 3. The petitioner shall obtain a sign permit prior to installation of any new signage. 4. The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. 5. There shall be no outside pens or holding areas for the animals. 6. City staff to review special use permit within one year to ensure compatibility. 7. Petitioner shall property seal and insulate the walls between her tenant space and adj oining tenant spaces up to the ceiling. APPROVED. 4. Variance Request, VAR #08-05, by Jay Thorson of Daily Companies on Behalf of Miller Funeral Home, to Reduce the Side Yard Setback on the North Side of the Building from 15 Feet to 3.7 Feet to Allow an Expansion of the Existing Garage; and to Increase the Encroachment of a Canopy into the Required Side Yard from 3 Feet to 7 Feet, Generally Located at 6210 Highway 65 N.E. (Ward 2). William Burns, City Manager, stated petitioner is asking that Miller Funeral Home be allowed to build an addition to an existing garage on the north side of their property. If allowed to build the 17.65-foot by 60-foot addition, they will be extending their existing side yard encroachment by 60 feet for a total distance of 81 feet 8 inches. They are also asking for a second variance that will increase the side yard encroachment of a canopy on the south side of the building from 3 feet to 7 feet. They are eliminating a mansard roof and are putting canopy in place of it. The FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 3 canopy will stretch out a little bit more over the side yard. At their June 25 meeting, the Appeals Commission voted unanimously to approve the variance request subject to four stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Receive Bids and Award Contract for the 2008 Quiet Zone Project No. ST2007-03 (Ward 3). William Burns, City Manager, stated the City received four bids for the median driveway work on Osborne Road and 77th Way that will allow the establishment of a quiet zone for the two Burlington Northern Santa Fe railroad crossings on these streets. The low bidder was Hardrives, Inc. of Rogers, Minnesota, in the amount of $128,358.35. Due to rapidly rising costs of fuel and asphalt, the bid is considerably higher than the City's earlier estimate of $85,000. Notwithstanding the increase, staff is recommending Council's approval of the bid to Hardrives, Inc. The work funded from the City's MSAS account will take about 30 days and should be completed by September 26. We are still not in control of our own timetable. What we do depends on the response times of Burlington Northern and the Rail Authority. Staff's estimate of the Anoka County's share of the cost for this project is $11,400. Anoka County turned down our original plan because we did not connect the median to the median that extends from East River Road. So the medians are going to be connected and it will cost an additional $11,400. It is a difference of about 58.76 feet. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. Receive Bids and Award Contract for the Elevated Water Tower No. 2 Rehabilitation Project No. 378 (Ward 1). William Burns, City Manager, stated the City received six bids for this project. The low bidder was Classic Protective Coatings, Inc., from Menomonie, Wisconsin, in the amount of $880,900. The bid amount compares with $850,000 that was included in the 2008 water capital improvements budget. Staff expects the work on this tank to begin this fall after the peak water demand season. It will be completed by November 1. The work will be funded from the proceeds of water revenue bonds. Staff recommends Council's approval. RECEIVED THE BIDS AND AWARDED THE CONTRACT TO CLASSIC PROTECTIVE COATINGS, INC., IN THE AMOUNT OF $880,900. 7. Claims (137321-137610). APPROVED. 8. Licenses. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 4 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. Estimates APPROVED THE FOLLOWING ESTIMATES: Midwest Asphalt 5929 Baker Road, Suite 420 Minnetonka, MN 55345 2008-1 Street Improvement Project Estimate No. 2 ........................................................................ $431,227.30 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item Nos. 4, 5, and 8 be removed. MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Item Nos. 4, 5, and 8. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 4, 5 and 8. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No one in the audience spoke. NEW BUSINESS: 4. Variance Request, VAR #08-05, by Jay Thorson of Daily Companies on Behalf of Miller Funeral Home, to Reduce the Side Yard Setback on the North Side of the Building from 15 Feet to 3.7 Feet to Allow an Expansion of the Existing Garage; and to Increase the Encroachment of a Canopy into the Required Side Yard from 3 Feet to 7 Feet, Generally Located at 6210 Highway 65 N.E. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 5 Councilmember Bolkcom stated she has a concern as Miller Funeral Home has been before them several times related to different variances. She loves the project that is before them and thinks it will really modernize the building and bring it more up to date. It seems like there has been a lot of variances on this property. She would like to ask the petitioner whether this was final. She is concerned about a master plan. Jay Thorson, Daily Companies, stated he is the builder/contractor who will be doing the work. The architect is also present. He has worked with Kim Miller on and off over the years. They have done a lot of studies on adding on to the building and improving it so he can expand his business. They realize he is limited as to what he can do because of the size of the lot. Councilmember Bolkcom asked if there was an overall master plan. She said it seems like there are different variances, and it seems like at some point some of these could have probably been taken care of. She understands things change and it is unfortunate the petitioner is not here. She said they are almost out of room when this is done. She is a little concerned he could come back again and say he did all the work and it was not an overall plan. Mr. Thorson stated he is not sure and he cannot speak for Mr. Miller. Councilmember Bolkcom stated it unfortunate he is not here. She is trying not to make him leave and values the business, but it is already encroaching on the neighborhood. Mr. Thorson replied, he knows he is just trying to run the business as efficiently as he can. He can only expand and do so much business. They have talked about having to relocate or build another facility; but he thinks the petitioner just wants to make it the best he can. He knows the last variance which he was not involved in was for expanding he believed on the west side of the building including the garage expansion. He is not really sure what that all encompassed, but he thinks it was an economic deal and just not worth doing. He said he thought the petitioner's focus now is to upgrade the appearance of the building. Councilmember Bolkcom stated in the petitioner's hardship statement he says, "I feel this slight addition will enhance the appearance and not be a significant encroachment to the north setback" However, going from 16 to 3.7 is pretty significant. Mr. Thorson said the building already is where they are going. The only major change is he is putting a roof on it. He is extending it a little bit to the west, but he is already at that point right now. It had not been compliant back then. So he is just continuing that through. Frankly, he is going to be spending quite a bit of money doing this. Mr. Thorson does not foresee him adding on and changing this down the road. Councilmember Bolkcom asked about the renderings? Mr. Thorson provided renderings for Council to view. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 6 Mayor Lund asked about a comment by a neighboring property owner who was against it. He asked if the person owned commercial or residential property. He does not think the 60-foot extension affects it at all. It is adjacent to commercial. Scott Hickok, Community Development Director, replied he thinks there was an issue of clarity about exactly where the addition was going to be. Once it was better understood where the building would be modified, there was a better understanding and acceptance of it. MOTION by Councilmember Bolkcom to approve Variance Request, VAR #08-05, by Jay Thorson of Daily Companies on Behalf of Miller Funeral Home, with the following stipulations: 1. Petitioner shall obtain any required permits prior to beginning construction. 2. The proposed north wall shall meet Minnesota State Building Code requirements for distance to a property line. 3. Parking lot to be restored to Code requirements for paving, curbing, and painting after the addition is completed. 4. Landscaping on the north side of building to be restored to Code requirements after the addition is completed. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive Bids and Award Contract for the 2008 Quiet Zone Project No. ST2007-03 (Ward 3). Councilmember Bolkcom said in the agenda, it mentions that funding will be provided by the City's MSAS account, and the City is requesting Anoka County participation. In Dr. Burn's original breakdown he mentions $11,400. She asked if they are pretty clear that money is coming from Anoka County. James Kosluchar, Public Works Director, replied Anoka County weighted that information based on the bids received. Staff is going to be providing that, and they will have an understanding that they have discussed this already. There is no written agreement at this point, but that is the next step. Councilmember Bolkcom asked if they can start this project before they have heard back from the rail authority. Mr. Kosluchar replied they are in that process. They have not heard anything that is going to be a stumbling block at this point. The contractor is going to be required to permit with BNSF. The FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 7 only comments the City has received from the Rail Authority have been basically clarifications, and the City has come out fine on those. Councilmember Bolkcom asked how many days we had from the time we made the application. Mr. Kosluchar said he believed it was 60 days. We will be coming up to that probably in the next 15 to 25 days. Councilmember Bolkcom asked if they anticipated any problems with traffic. Mr. Kosluchar said he thought the specifications are written so that the contractor is not allowed to fully close the roadways, and there is an item for traffic control. Councilmember Bolkcom asked how long it will take to complete. Mr. Kosluchar replied about 30 days from start to finish. Mr. Saefke asked if this included the 77th Avenue. He asked if they would be tearing both up at the same time or if people could use 77th Avenue as a detour for a while. Mr. Kosluchar said he had not see a schedule from the contractor; but he believed that was going to be the case. He thought they would probably do the concrete work together on both. Mr. Saefke said one of his concerns is for emergency vehicles as there are a limited number of crossings to get to East River Road. Mr. Kosluchar replied, they will make sure and discuss that with the contractor. Joan Olson, 6320 Van Buren NE, said she thought the project was a waste of City money. She thinks it is another case of the government bailing out people because people did not do their homework when they bought houses near the tracks. She is worried that the City is going to get held liable if anybody gets killed on that intersection. Councilmember Bolkcom said with the quiet zones there is more safety because right now someone can go around the crossing arms. Studies have shown they are better and safer. This will stop more people from going around. There are now between 80 to 100 trains going through and is not what it has been like for a lot of these people who have been living in the neighborhoods for many, many years. Mayor Lund stated it is safer. When the buildup of Fridley occurred 40 to 50 years ago, there was one-tenth, if that, of the train traffic. The trains have gotten bigger, louder, longer, and more frequent. Ms. Olson stated she can think of a lot of ways that the $128,000 could be better spent. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 8 Mayor Lund stated the monies are coming from State aid, and have to be used for transportation type things. He said it was unusual that the winning bid was 45 percent more than what they expected. Mr. Kosluchar said asphalt has been changing dramatically every month. The cost of diesel fuel also affects every aspect of a job like this. Mayor Lund asked if he thought the bids that came in were reasonable. Mr. Kosluchar replied yes. MOTION by Councilmember Bolkcom to receive the bids and award the contract for the 2008 Quiet Zone Project No. ST2007-03 to Hardrives, Inc. in Rogers, Minnesota, in the amount of $128,368.75. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Licenses. Councilmember Bolkcom stated on the rental licenses, there are 213 properties--180 of them for renewal in the second quarter in 2008, 28 for the fourth quarter of 2007, and 3 for the third quarter of 2007. She asked why the 2007 licenses are on the agenda for approval now and asked for an answer from the Fire Department. MOTION by Councilmember Bolkcom to approve the licenses as submitted and as on file. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 10. Consideration of a Special Use Permit, SP #06-04, by Brent Anderson for BDA Development Co., to Allow Limited Outdoor Storage in an M-1, Light Industrial Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2) (Continued January 7, 2008). MOTION by Councilmember Varichak to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE ITEM REMOVED FROM THE TABLE AT 8:18 P.M. Mr. Hickok stated a special use permit was approved on this property for outdoor storage, but there were several stipulations attached. At the January 7, 2008, meeting Council instructed Mr. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 9 Anderson to have all the outdoor storage issues, including equipment, materials and vehicles to be stored under a roof structure or removed from the site by February 15. By February 15 they had everything taken care of. The site remains free from outdoor storage. At the 7anuary 7 Council meeting Council also directed Mr. Anderson to have his lean-to structure for screening of materials constructed by July 1 of this year. They may recall that Mr. Anderson stated he wanted to retain the opportunity to have outdoor storage because his largest tenant in the building would be leaving and he wanted to advertise the building as having outdoor storage opportunities. Staff recommends that Council revoke Special Use Permit, SP #06-04, for BDA Development that would allow limited outdoor storage. If the petitioner would like to have outdoor storage on the site in the future, City staff and Council would have to evaluate a new special use permit at that time. The petitioner was aware both by virtue of being here and having the date set the last time this was before Council. Stacy Stromberg did contact his office to let him know that we would be back before the Council this evening and this was our recommendation, and we have heard nothing from petitioner. Councilmember Varichak asked if they revoke this, they are saying he does not have to build the screen because there is no outdoor storage. If it does come back that he does want to do the outdoor storage, he will have to provide the screening at that time and reapply for a new permit, correct? Mr. Hickok replied, that is correct. Councilmember Bolkcom asked if he would be receiving a letter saying that we have revoked the special use permit; and if he wants tenants with outdoor storage he has to come back before us. Mr. Hickok stated the item is not closed until they have received their action letter that indicates what Council's action was and for what reason. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:25 P.M. OLD BUSINESS: 11. Resolution Revoking Special Use Permit, SP #06-04, for BDA Development to Allow Limited Outdoor Storage in an M-1 Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2) (Tabled January 7, 2008). MOTION by Councilmember Varichak to adopt Resolution No. 2008-28. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 10 NEW BUSINESS: 12. First Reading of an Ordinance Under Section 12.06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally Located on Springbrook Creek Near the Intersection of Broad Avenue and 79t'' Way) (Ward 3). Scott Hickok, Community Development Director, stated they met with both property owners. The original petitioner, Justin Chapweske, indicated that he would be buying three of the lots; and Mr. LaGesse and his wife would be buying the two lots to the west. The City has agreed to the terms and a survey is under way. Mayor Lund asked once they declare this as excess property and the two parties go ahead, what happens if one of them decides they cannot afford it? If he recalls correctly from their discussion, they are declaring all of the property excess. Mr. Hickok said all indications are that it will proceed. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Informal Status Reports. None. ADJOURN. MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:35 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor � � �ffY �F FRIDLEY Date: To: From: Subj ect: AGENDA ITEM CITY COUNCIL MEETING OF JULY 28, 2008 7uly 17, 2008 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Second Reading of Ordinance Declaring Property Excess and Authorizing Sale Background On June 23, 2008, the City Council closed a public hearing regarding the disposition of land owned by the City along Springbrook Creek in the Riverview Heights area. A first reading of the attached ordinance was held at the July 14 City Council meeting. The land is comprised of five 25' x 110' lots and is legally described as Lots 4 through 8, inclusive, of Block M, Riverview Heights. Two adjoining property owners voiced interest at the hearing regarding purchasing the land from the City to combine with their existing property. Staff has ordered the land surveyed per our discussions with the adjoining properiy owners, who intend to purchase this undeveloped land from the City. Staff will not proceed, however, with the drafting of drainage easement documents and purchase agreements until the City Council has approved the sale of the land by ordinance. Staff intends to file a drainage easement across the entire area of all five lots to allow the City access along Springbrook Creek. The purchase agreements will be written so that all surveying, closing, and easement filing costs are borne by the purchasers of this property. Recommendation Staff recommends that the City Council hold the second reading of the attached ordinance on July 28, which describes the distribution of land as desired by the adjoining property owners. ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: Lots 4 through 8, inclusive, of Block M, Riverview Heights, as recorded in the office of the Anoka County Recorder and subject to an easement of record SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to transfer Lots 7 and 8, inclusive, of Block M, Riverview Heights to Garland C. Lagesse, Jr. and Jane M. Lagesse of 7951 Broad Avenue and Lots 4 through 6, inclusive, of Block M, Riverview Heights to Justin F. and Natalie J. Chapweske of 530 Dover Street NE, Fridley, MN for disposal. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the transfer of the above-described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2008. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: June 23, 2008 First Reading: July 14, 2008 Second Reading: July 28, 2008 Publication: August 7, 2008 PLANNING COMMISSION MEETING July 16, 2008 Chairperson Savage called the Planning Commission Meeting to order at 7:03 p.m. MEMBERS PRESENT MEMBERS ABSENT: OTHERS PRESENT: David Kondrick, Diane Savage, Dean Saba, and Brad Sielaff Jack Velin, Brad Dunham, and Leroy Oquist Stacy Stromberg, City Planner Warren & Gerry Stock, Stock Roofing Company APPROVAL OF PLANNING COMMISSION MEETING MINUTES: June 18, 20008 MOTION by Commissioner Kondrick to approve the minutes as presented. Seconded by Commissioner Sielaff UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Special Use Permit, SP #08-10, by Stock Roofing Co., LLC, on behalf of Warren Stock, to allow limited outside storage on the property, generally located at 7701-7741 Main Street. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Saba UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:05 P.M. Stacy Stromberg, City Planner, stated the petitioner, Warren Stock, of Stock Roofing Company LLC, is seeking a special use permit to allow limited outdoor storage for his roofing business at 7701 Main St. NE. The petitioner is requesting to store the service trucks and trailers which are required for his business in a 48 ft. by 128 ft. enclosed storage area. The petitioner has stated that the enclosed storage area is needed for his service trucks and trailers to prevent them from being broken into. Ms. Stromberg stated the petitioner also leases a portion of the building to two other businesses. The businesses are J&L Limo Service and A&K Auto. However, the outdoor storage area will be specifically for the Stock Roofing business. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial as are the surrounding properties to the north and east. The property to the west is zoned S-3 Heavy Industrial Onaway Addition. The property to the south is zoned as M-1, Light Industrial. It is located on the corner of 77th Avenue and Main Street. The property was developed in 1972, with a 10,200 square foot building. In 1980 a 9,000 square foot addition was constructed. Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 19,200 square feet, so City code would allow up to 9,600 sq. ft. of outdoor storage on this site. The petitioner has constructed a 48 ft. by 128 ft. (6,144 sq. ft.) fenced in area in the side yard of the property to allow for the storage of service trucks and trailers used for the business. This 6,144 sq. ft. outdoor storage area is 36% of the allowable outdoor storage space allowed for this property. Ms. Stromberg stated before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. City code requires that the existing business have 24 parking stalls based on the breakdown of uses within the building. The site plan submitted by the petitioner shows 47 parking stalls. Therefore, the property is in compliance with meeting the parking requirements. Ms. Stromberg stated the petitioner has already enclosed the outdoor storage area with an industrial grade chain-link fence. The fence along the south side has screening slats in it to provide the necessary screening from the public right-of-way. The petitioner will need to ensure that the screening gate is always closed when not in use to ensure proper screening on the outdoor storage area. The proposed site plan meets all other code requirements. Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations as limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached: 1. No outdoor storage other than the existing enclosed area shall exist on the site without an additional special use permit being approved. 2. If any items other than the service trucks and trailers are stored in the enclosed area, the petitioner shall receive approval for those items from the Fire Marshal. Chairperson Savage asked if staff has heard any comments from neighbors? Ms. Stromberg replied, no, she has not. Chairperson Savage asked the petitioner whether he had any problems with the stipulations or anything to add? Warren Stock, petitioner, replied, no. Commissioner Kondrick stated he drives by this business often. It is a nice looking piece of property and is well taken care of. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Kondrick UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:10 P.M. Chairperson Kondrick stated he had no problem with this. Chairperson Saba stated he has no problem with this. Chairperson Savage stated she drove by this property for the first time, and she thought it was a very nicely kept property. Since the chain link fence is already there, she doesn't think there will be any problem with visibility by the neighbor. She would have no problem approving this. MOTION by Commissioner Kondrick approving Special Use Permit, SP #08-10, by Stock, Roofing Co., LLC, on behalf of Warren Stock, to allow limited outside storage on the property, generally located at 7701-7741 Main Street with the following stipulations: 1. No outdoor storage other than the existing enclosed area shall exist on the site without an additional special use permit being approved. 2. If any items other than the service trucks and trailers are stored in the enclosed area, the petitioner shall receive approval for those items from the Fire Marshal. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Savage stated this will go before City Council on July 28 at 7:30 p.m. 2. Receive the Minutes of the June 11, 2008, Appeals Commission Meeting. MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Kondrick. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg introduced Kevin Knock who is one of the summer interns for the Planning Department. They have been working on doing systematic code enforcement and have gone through all residential districts to see if there are any violations. He is currently a senior at St. Cloud State, maj oring in Planning. Ms. Stromberg stated she has a couple updates on City Council actions. A variance was approved for Miller Funeral Home to allow the construction of an addition to the north side of the building and a canopy addition on the south side. A special use permit was approved to allow a dog/cat grooming business at 6501 Central Avenue. Ms. Stromberg stated the August 6, 2008 meeting has been cancelled. ADJOURN MOTION by Commissioner Kondrick adjourning the meeting. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING ADJOURNED AT 7:13 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF JULY 28, 2008 July 22, 2008 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #08-10, Stock Roofing Co. M-08-19 INTRODUCTION The petitioner, Warren Stock, of Stock Roofing Company LLC, is seeking a special use permit to allow limited outdoor storage for his roofing business at 7701 Main St. NE. The petitioner is requesting to store the service trucks and trailers which are required for his business in a 48 ft. by 128 ft. enclosed storage area. The petitioner has stated that the enclosed storage area is needed for his service trucks and trailers to prevent them from being broken into. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 19,200 square feet, so City code would allow up to 9,600 sq. ft. of outdoor storage on this site. The petitioner has constructed a 48 ft. by 128 ft. (6,144 sq. ft.) fenced in area in the side yard of the property to allow for the storage of service trucks and trailers used for the business. This 6,144 sq. ft. outdoor storage area is 36% of the allowable outdoor storage space allowed for this property. The petitioner has already enclosed the outdoor storage area with an industrial grade chain-link fence. The fence along the south side has screening slats in it to provide the necessary screening from the public right-of-way. The petitioner will need to ensure that the screening gate is always closed when not in use to ensure proper screening on the outdoor storage area. PLANNING COMMISSION RECOMMENDATION At the July 16, 2008, Planning Commission meeting, a public hearing was held for SP #08-10. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #08-10, with the stipulations as presented by staff. THE MOTION CARRIED UNANIMOUSLY. FURTHER PLANNING STAFF REVIEW AND RECOMMENDATION After further review after the Planning Commission meeting, staff has determined that the petitioner will need to screen the outdoor storage area from both the north and east views. As stated in the staff report the gate to the outdoor storage area is currently screened with vinyl slats, however in order to ensure that the outdoor storage area isn't visible from any public right- of-way, both the north and east sides will need to be screened as well. While staff was out on site we noticed that there were a few junk vehicles on the site that weren't there at earlier inspections. As a result, staff would stipulate that all vehicles stored on site be licensed and operable and the junk vehicles need to be removed. As a result of Planning staff's further review of this special use permit, staff would recommend that the City Council approve the special use permit, with the following four stipulations. STIPULATIONS 1. No outdoor storage other than the existing enclosed area shall exist on the site without an additional special use permit being approved. 2. If any items other than the service trucks and trailers are stored in the enclosed area, the petitioner shall receive approval for those items from the Fire Marshal. 3. The petitioner shall screen the north and east sides of the outdoor storage area with screening slats. 4. The subject property shall remain free of junk and inoperable vehicles. City of Fridley Land Use Application SP #08-10 July 16, 2008 GENERAL INFORMATION Applicant: Stock Roofing Company LLC Warren Stock 7731 Main Street NE Fridley MN 55432 Requested Action: Special Use Permit to allow limited outdoor storage of materials in an M-2, Heavy Industrial zoning district. Existing Zoning: M-2 (Heavy Industrial) Location: 7701 Main St. NE Size: 62,688 sq. ft. 1.44 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Industrial & M-2 E: Industrial & M-2 S: Industrial & M-1 W: Industrial & S-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.18.01.C.12 requires a special use permit to allow limited outdoor storage. Zoning History: 1972 — Lot is platted 1972 — Existing building is constructed. 1980 — Addition is constructed. 1984 — Building is remodeled. Legal Description of Property: Lot 5, Block 3, East Ranch Estates Second Addition, subject to easement of record. Public Utilities: Building is connected. Transportation: The property is accessed from Main Street NE and 77th Avenue NE. Physical Characteristics: Building, hard surface and parking areas and landscapina. SPECIAL INFORMATION SU M MARY OF PROJECT The petitioner, Mr. Stock is seeking a special use permit to allow limited outdoor storage of service trucks and trailers within a fenced in area in the side yard of the property located at 7701 Main Street NE. SU M MARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council — July 28, 2008 60 Day — August 11, 2008 Enclosed Outdoor Storage Area Staff Report Prepared by: Kevin Knock and Stacy Stromberg SP #08-10 REQUEST The petitioner, Warren Stock, of Stock Roofing Company LLC, is seeking a special use permit to allow limited outdoor storage for his roofing business at 7701 Main St. NE. The petitioner is requesting to store the service trucks and trailers which are required for his business in a 48 ft. by 128 ft. enclosed storage area. The petitioner has stated that the enclosed storage area is needed for his service trucks and trailers to prevent them from being broken into. The petitioner also leases a portion of the building to two other businesses. The businesses are J&L Limo Service and A&K Auto. However, the outdoor storage area will be specifically for the Stock Roofing business. HISTORY AND ANALYSIS The property is zoned M-2, Heavy Industrial as are the surrounding properties to the north and east. The property to the west is zoned S-3 Heavy Industrial Onaway Addition. The property to the south is zoned as M-1, Light Industrial. It is located on the corner of 77th Avenue and Main Street. The property was developed in 1972, with a 10,200 square foot building. In 1980 a 9,000 square foot addition was constructed. City Code allows limited outdoor storage in the ��'"'�� I, industrial districts that is up to 50% of the � I building footprint with a special use permit. The {5..v � �, r° �."""" �` r _` �,. buildings square footage is 19,200 square feet, so City code would allow up to 9,600 sq. ft. of --------- ----��.� -- � �— outdoor storage on this site. The petitioner has '� constructed a 48 ft. by 128 ft. (6,144 sq. ft.) �} '°{ ���� 4 ��' fenced in area in the side yard of the property to ��'� � allow for the storage of service trucks and trailers used for the business. This 6,144 sq. ft. outdoor storage area is 36% of the allowable outdoor storage space allowed for this property. Before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. City code requires that the existing business have 24 parking stalls based on the breakdown of uses within the building. The site plan submitted by the petitioner shows 47 parking stalls. Therefore, the property is in compliance with meeting the parking requirements. The petitioner has already enclosed the outdoor storage area with an industrial grade chain-link fence. The fence along the south side has screening slats in it to provide the necessary screening from the public right-of-way. The petitioner will need to ensure that the screening gate is always closed when not in use to ensure proper screening on the outdoor storage area. The proposed site plan meets all other code requirements. City staff hasn't heard from any neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. No outdoor storage other than the existing enclosed area shall exist on the site without an additional special use permit being approved. 2. If any items other than the service trucks and trailers are stored in the enclosed area, the petitioner shall receive approval for those items from the Fire Marshal. � � �ffY �F FRIDLEY i'�: FROM.• SUBJECT.� DATE: AGENDA ITEM COUNCIL MEETING OF JULY 28, 2008 WILLIAM W. BURNS, CITYMANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR RESOL UTION PROVIDING FOR THE ISSUANCE OF THE CITY'S $1, 915, 000 GENERAL OBLIGATION BONDS, SERIES 2008A July 24, 2008 Attached is the resolution provided to us by our Bond Counsel, Mary Ippel from the firm of Briggs & Morgan. The resolution is for the sale of $1,915,000 in General Obligation Improvement Bonds. As you will recall, these bonds are being issued to provide funds for the needed street improvements that are part of the City's Street Reconstruction Program. The funds for the repayment of these bonds are being provided by the revenue generated through the general levy as has been done in the past two years. As part of the process of issuing these bonds, the City of Fridley is required to undergo a fairly rigorous financial review process conducted by Moody's Investor Service who acts as our bond rating agency. The outcome of the review by Moody's Investor Services, has not been completed as of the writing of this memo. Staff participated in a rigorous financial review with Moody's this morning and we feel that the Aa2 rating should be upheld. We will be able to provide more definitive information when we receive this years report from Moody's on July 25th. Since the bids are not due until Monday, July 28th, the information from the bidders will not be available until the evening of the Council Meeting. A representative from Ehlers will be present to review the results of the bidding process should there be any questions related to the sale. RDP/me Attachment RESOLUTION NO. 2008 - RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,915,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS, the City Council of the City of Fridley, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $1,915,000 General Obligation Improvement Bonds, Series 2008A (the "Bonds" or individually, a"Bond"), pursuant to Minnesota Statutes, Chapters 475 and 429 to finance various improvement proj ects within the City (the "Improvements"); and WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and WHEREAS, the City has retained Ehlers and Associates, Inc, in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Manager, or designee, at the offices of Ehlers, at 12:00 noon this same day pursuant to the Terms of Proposal established for the Bonds; and WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley, Minnesota, as follows: Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. Bond Terms. Ori�inal Issue Date; Denominations; Maturities. The Bonds shall be dated August 26, 2008, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). Book Entrv Onlv Svstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). aao�aai�i With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subj ect to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). aao�aai�i All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. Termination of Book-Entrv Onlv Svstem. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. aao�aai�i Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2009, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturitv Year Interest Rate Maturitv Year Interest Rate 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Redemption. All Bonds maturing on February 1, 2018, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2017, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. 22o�22i�i To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Bond Re�istrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: aao�aai�i I� UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF FRIDLEY $ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2008A Interest Rate Maturitv Date Date of Ori�inal Issue CUSIP February 1, August 26, 2008 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Fridley, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2009, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereo£ The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of aao�aai�i the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2018, and thereafter, are subj ect to redemption and prepayment at the option of the Issuer on February 1, 2017, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subj ect to prepayment. If redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obli a� tion. This Bond is one of an issue in the total principal amount of $1,915,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Home Rule Charter of the City and Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on July 28, 2008 (the "Resolution"), for the purpose of providing money to finance various improvement proj ects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2008A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. 22o�22i�i Denominations; Exchan�e; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Re�istered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obli�ation. This Bond has been designated by the Issuer as a"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Home Rule Charter of the City to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional, statutory or Home Rule Charter limitation of indebtedness. 22o�22i�i PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28tn DAY OF JULY, 2008. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK aao�aai�i � � �ffY �F FRIDLEY i'�: FROM.• SUBJECT.� DATE: AGENDA ITEM COUNCIL MEETING OF JULY 28, 2008 WILLIAM W. BURNS, CITYMANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR RESOL UTION PROVIDING FOR THE ISSUANCE OF THE CITY'S $3, 725, 000 GENERAL OBLIGATION BONDS, SERIES 2008B July 24, 2008 Attached is the resolution provided to us by our Bond Counsel, Mary Ippel from the firm of Briggs & Morgan. The resolution is for the sale of $3,725,000 in General Obligation Improvement Bonds. As you will recall, these bonds are being issued to provide funds for the needed water maintenance projects that are part of the City's Capital Improvement Program for the Water Fund. The items that are being funded by this bond issue have been reviewed with Council in the most recent 2009 Budget work session. One of the most note worthy items to be repaired, s part of this project, is the water tower along Highway 65. The funds for the repayment of these bonds are being provided by the revenue generated by the water utility operation. As part of the process of issuing these bonds, the City of Fridley is required to undergo a fairly rigorous financial review process conducted by Moody's Investor Service who acts as our bond rating agency. The outcome of the review by Moody's Investor Services, has not been completed as of the writing of this memo. Staff participated in a rigorous financial review with Moody's this morning and we feel that the Aa2 rating should be upheld. We will be able to provide more definitive information when we receive this years report from Moody's on July 25th. Since the bids are not due until Monday, July 28th, the information from the bidders will not be available until the evening of the Council Meeting. A representative from Ehlers will be present to review the results of the bidding process should there be any questions related to the sale. RDP/me Attachment RESOLUTION NO. 2008 - RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,725,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2008B, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF WHEREAS, the City of Fridley, Minnesota (the "City") owns and operates a municipal water system as a separate revenue producing public utility (the "System") and the net revenues of the System are pledged to the payment of the outstanding (i) $1,180,000 original principal amount of General Obligation Water Revenue Refunding Bonds, Series 1998A, dated May 1, 1998; (ii) $1,790,000 original principal amount of General Obligation Water Revenue Bonds, Series 2004A, dated March 23, 2004; and (iii) the Water Revenue Refunding Portion of the $1,205,000 original principal amount of General Obligation Refunding Bonds, Series 2004C, dated March 23, 2004 (together, the "Outstanding Bonds"); WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $3,725,000 General Obligation Water Revenue Bonds, Series 2008B (the "Bonds" or individually, a"Bond"), pursuant to Minnesota Statutes, Chapter 475 and Section 444.075 to finance the 2008 water tower restoration and other improvements to the System (the "Proj ect"); and WHEREAS, the City has retained Ehlers and Associates, Inc, in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Manager, or designee, at the offices of Ehlers, at 12:00 noon this same day pursuant to the Terms of Proposal established for the Bonds; and WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley, Minnesota, as follows: Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. Bond Terms. Ori�inal Issue Date; Denominations; Maturities. The Bonds shall be dated August 26, 2008, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year 2009 2010 2011 2012 2013 2014 2015 2016 Amount Year 2017 2018 2019 2020 2021 2022 2023 Amount All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). Book Entrv Onlv Svstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the aao�6o4�i Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subj ect to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of aao�6o4�i notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. Termination of Book-Entrv Onlv Svstem. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. aao�6o4�i Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Proj ect proceeds with due diligence to completion and that any and all permits and studies required under law for the Proj ect are obtained. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2009, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturitv Year Interest Rate Maturitv Year Interest Rate 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Redemption. All Bonds maturing on February 1, 2018, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2017, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond aao�6o4�i Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Bond Re�istrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: aao�6o4�i I� UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF FRIDLEY $ GENERAL OBLIGATION WATER REVENUE BOND, SERIES 2008B Interest Rate Maturitv Date Date of Ori�inal Issue CUSIP February 1, August 26, 2008 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Fridley, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2009, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereo£ The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the Bond Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of aao�6o4�i the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2018, and thereafter, are subj ect to redemption and prepayment at the option of the Issuer on February 1, 2017, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subj ect to prepayment. If redemption is in part, the selection of the amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obli a� tion. This Bond is one of an issue in the total principal amount of $3,725,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Home Rule Charter of the City and Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on July 28, 2008 (the "Resolution"), for the purpose of providing money to finance improvements to the municipal water system (the "System") within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Water Revenue Bonds, Series 2008B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. aao�6o4�i Denominations; Exchan�e; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Re�istered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obli�ation. This Bond has been designated by the Issuer as a"qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. aao�6o4�i IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Home Rule Charter of the City to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of the System at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the Bonds, adequate to pay all principal and interest when due on the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on the Bonds as they respectively become due, if the net revenues from the System, and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28Tx DAY OF JULY, 2008. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK aao�6o4�i � � �ffY �F FRIDLEY To: From: Subj ect: Date: AGENDA ITEM CITY COUNCIL MEETING OF July 28, 2008 William B. Burns, City Manager Richard Pribyl, Finance Director Debra A. Skogen, City Clerk Resolutions Appointing Election 7udges for the 2008 Two Year Election Cycle July 22, 2008 The attached resolution appoints election judges for the 2008 two-year election cycle. The election judges are being appointed without precinct assignments at this time to allow the city more fle�bility in determining precinct assignments. Election judges receive training which qualifies them to serve a two year term as an election judge. The election judges being appointed have been selected from previous work as election judges, lists which have been provided by the political parties and those individuals who have applied to be an election judge. RESOLUTION NO. - 2008 RESOLUTION APPOINTING ELECTION JUDGES FOR TI� 2008 PRIMARY AND GENERAL ELECTIONS NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, at a regular meeting on July 28, 2008. SECTION 1. That on the 9th day of September 2008 and the 4t'' day of November, 2008, there shall be a Statewide Primary and General Election: SECTION 2. That the polling place will be open from 7:00 a.m. to 8:00 p.m. for the purpose of voting: SECTION 3: That the following people are hereby appointed to act as Judges for said election except that the City Clerk is hereby authorized to appoint qualified substitutes as set forth in Chapter 4, Section 4.05 of the City Charter: Mary Ackerman Sammer Ahmad Eleanor Anderson Nena Anderson Linda Backlund Donna Bahls Jerold Bahls Ann Bangen Stanley Berquist Rita Binkowski Margaret Blasingame Carole Blaska Betty Bonine Wilbert Bonine Linda Borman Bernadette Bovy Barbara Brooks Carol Bunnell Casimir Burzynski Kathleen Burzynski Robert Bussey Lisle Cameron JoAnn Cedarholm Molly Christian Mary Colstrom Jean Coyle Robert Dahlstrom Maxine Dammen Julann Delaney Dennis Dewing Janice Dols Glen Douglas Patricia Dufresne Marlys Dunlap Jill Dutcher Harold Dwire Marlene Eidem Sharry Elias Lyle Elverud Arlene Ewer Donald Falkum Gloria Falkum Donald Findell Lynn Fink Thomas Forsythe Patty Galligan Delores Ginthner James Glaser Lana Joy Glaser Janice Golden Lynne Grigor Rosalie Halling Gretchen Hanson Oksana Hawryluk Sally Hellman 7ohn Hildreth William Holm Carolyn Holmen James Holmen Jane Hosman Robert Hosman Teresa Hub Sharon James Barbara Johnson Bonita 7ohnson David Johnson Karen Johnson Rosemary Johnson Carol Kalan Irma Kelly Colleen Joy Kennedy Mary Kirkwood Esther Kisch Debbie Koenen Ruby Koenen Janet Kothman Marlys Kranz Ted Kranz Olga Krochalk Joan Kuehni Melvin Kuehni Nina Landt Dorothy Larson Jack Larson Jewel Ann Larson Judy Lennox Joan Leonard Gary Leske Karen Leske 7eanette Lindquist Arlene Linton David Linton Marlys Lisowski Loretta Listerud Natalie Lohmer Marian Luke Rose Lundequam Marilyn Manley Giles McConville 7oAnne McConville Joyce McConville Christopher Menon Connie Metcalf Bruce Miller Jeri Miller Resolution No. Deborah Monden 7anet Mondloh Annabel Monson Ben Monson Kristine Moren Myrtle Morphew Camilla Mueller Gwen Nawrocki Marie Nelsen Jeanine Nelson Marjorie Nelson Richard Nelson Sandra Nelson Susan Nelson Donna Nordin Susan Okeson Virgil Okeson Mardy Olesen Shirley O'Neill Marge Otten Eugene Ouellette Lois Palmquist Lillian Paul Dorothy Pehl Mary Plant Leslie Plummer Peggy Price Nicole Reinbold John Renken Jean Reveling Faye Rice Norma Rust William Rust Noel Ryan Delores Sadowski Beverly Sax Carol Schaaf Ruth Schimelpfenig Constance Schindel Lois Scholzen Marlene Schonebaum Tom Schonebaum 7udy Schultz Dorothy Sielaff Helen Skovran Paul Sleasar Mary Ann Smerud Richard Smith Jon Soule Christine Spiritwolf Marlene Steichen Linda Stipe Page 2 Kathy Svanda 7anet Swanson Richard Tinker Brian Toews Joanne Toews Barbara Tollakson Gerald Tollakson Lois Tollefson Eric Torkkola Marjorie Velishek 7udith Veres Mary Vesall 7ackie Walther 7ohn Walther Delores Weaver 7oe Westenfield Marliss Westenfield Ann Williams Jane Susan Wisniewski Edward Wood Maureen Woodard Deborah (Deb) Young Judy Zerby Mike Zerby Maureen Zgutowicz SECTION 4. Compensation for said Judges will be paid at the rate of $8.75 per hour for regular Judges and $925 forthe Chairperson ofthe Election Board. PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS 28� DAY OF JULY 2008. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 28, 2008 �ffY �F FRIDLEY To: William W. Burns, City Manager From: Donovan W. Abbott, Public Safety Director Chris McClish, Police Officer Date: July 21, 2008 Re: Safe and Sober Communities Grant Agreement The Anoka County Sheriff's Office and the Anoka, Blaine, Centennial Lakes, Columbia Heights, Coon Rapids, Ramsey, Spring Lake Park, Lino Lakes, St. Francis, and Fridley Police Departments are submitting a joint grant request for $41,800 under the Safe and Sober Communities Grant Program. The State of Minnesota Department of Public Safety uses this program to award funds provided by the Federal Office of Traffic Safety to communities for use in traffic education and enforcement efforts. The Safe and Sober Communities Grant Program is expected to provide funding to each community to fund law enforcement officer overtime as they participate in j oint enforcement efforts. These enforcement efforts will take place on major holiday weekends, will coincide with high school graduations in Anoka County, and on selected other weekends. The focus of these enforcement efforts will involve officers from all participating agencies simultaneously and will coincide with similar efforts throughout the State of Minnesota. In addition to the enforcement effort, community education through media advertising and news releases, posters to educate motorists as to the risks and consequences of impaired driving and failure to utilize seatbelts and passenger restraints will be funded. Each enforcement weekend will be augmented by a corresponding advertising campaign. The Coon Rapids Police Department will administer the Safe and Sober grant on behalf of the participating agencies. Fridley's share of the Safe and Sober grant is approximately $3,800 and will provide reimbursement to the City for the salary and benefits of our officers assigned to these overtime enforcement shifts. Some additional training is required of our officers and the Safe and Sober grant will provide this training as well. The City of Fridley provides officer time to attend this training, squad cars, fuel, and related supplies and support to our officers assigned to the enforcement effort. Staff recommends Council's approval. RESOLUTION NO. 2008 - RESOLUTION AUTHORIZING PARTICIPATION IN THE SAFE AND SOBER COMMUNITIES GRANT PROGRAM WHEREAS, the City of Fridley recognizes the importance of the safe and efficient movement of traffic in and through our community; WHEREAS, the City of Fridley Police Department works to improve the safe and efficient movement of traffic through education and enforcement; WHEREAS, drivers operating motor vehicles under the influence of alcohol and vehicle occupants not utilizing vehicle safety belts contribute to needless accidents and injury; WHEREAS, in recognition of the adverse impact on lives and property resulting from impaired drivers and the non-use of seatbelts, the State of Minnesota, Minnesota Department of Public Safety, and the Office of Traffic Safety have developed the SAFE AND SOBER Grant Program to fund traffic safety education and enforcement; WHEREAS, the municipalities of Anoka, Blaine, Centennial Lakes, Columbia Heights, Coon Rapids, Lino Lakes, Ramsey, Spring Lake Park, St. Francis, and Fridley desire to cooperatively participate in the SAFE AND SOBER COMMLTNITIES Grant Program during the year from October 1, 2008 through September 30, 2009; NOW, THEREFORE BE IT RESOLVED that the Public Safety Director of the Fridley Police Department or his designee is hereby authorized to execute such agreements and amendments as are necessary to implement the proj ect on behalf of the City of Fridley. BE IT FURTHER RESOLVED that the Coon Rapids Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the City of Fridley Police Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28Tx DAY OF JULY, 2008. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � � CJTY �F FRIaLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF JULY 28, 2008 William W. Burns, City Manager Donovan W. Abbott, Public Safety Director Bob Rewitzer, Captain July 22, 2008 Public Safety Joint Powers Agreement for 2008 Republican National Convention The Republican National Convention (RNC) will be held in St. Paul from September 1-4, 2008. The Saint Paul Police Department is the lead local agency responsible for providing public safety and crowd control during the RNC and related events preceding it and must demonstrate an ability to meet those public safety needs by July 31, 2008. The Saint Paul Police Department is actively seeking the assistance of law enforcement personnel from cities throughout Minnesota to help provide public safety services during the RNC. St. Paul has developed a"Joint Powers Agreement Regarding Public Safety Related to 2008 Republican National Convention" (JPA) that must be executed by each city agreeing to provide law enforcement personnel during the RNC. Cities that execute the JPA may avail themselves of a rapid response team established for the sole and exclusive purpose of providing public safety-related aid and assistance for extraordinary circumstances related to the RNC that exceed the ability of the city to provide police services within their boundaries. Cities that execute the JPA will be reimbursed for providing law enforcement personnel including the employer's share of Medicare and PERA contributions. The host committee of the RNC has secured a$10 million Law Enforcement Professional Liability Policy. Cities that execute the JPA will be a named insured on the policy and will be protected to the extent of the policy's coverage. The League of Minnesota Cities is strongly encouraging members to provide law enforcement assistance for the RNC. The League believes that this unique event can demonstrate to the world the Minnesota spirit of collaboration and solidify Minnesota's reputation for local government excellence. City Attorney Fritz Knaak has reviewed the 7PA and finds it acceptable. Staff recommends Council's approval. JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as the "Agreement"), is made effective, except as otherwise made operationally effective as set forth in Section 4 herein, on this 28th day of July, 2008, by and between the CITY OF SAINT PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting through its Police Department (hereinafter referred to as the "SPPD") and the CITY OF FRIDLEY, MINNESOTA (hereinafter referred to as the "Provider"), acting through its Police Department. WHEREAS, the City is a host city for the 2008 National Republican Convention to be held between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC"); and WHEREAS, the City has entered into a"City Service Agreement For The 2008 Republican National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota non-profit corporation (hereinafter referred to as the "Host Committee"), whereby the City has agreed to undertake certain public safety and security measures related to the 2008 RNC within the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the provision of such measures in other locations throughout the greater Saint Paul-Minneapolis metropolitan area to which the RRT (as defined herein) may be deployed, or such other locations that may be subject to a Unified Command (as defined herein) (hereinafter such above-described locations shall be collectively referred to as the "Security Event"); WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the public safety and security measures required of an event the size and unique nature of the 2008 RNC; and WHEREAS, the Fridley Police Department provides law enforcement services to the Provider pursuant to the police powers and law enforcement authority granted under the laws of the State of Minnesota; and WHEREAS, at the request of the City, the Provider is willing to provide the services of the law enforcement personnel identified in this Agreement to the City to assist the SPPD with the Security Event; and WHEREAS, the Provider may also avail itself of a rapid response team (herein referred to as the "RRT"), comprised of licensed peace officers employed by the SPPD and certain other law enforcement organizations, that will be established for the sole and exclusive purpose of 1 providing public safety-related aid and assistance to law enforcement organizations throughout the greater Saint Paul-Minneapolis metropolitan area that have entered into an agreement with the City, similar to this Agreement, provided that such aid and assistance is actually and directly related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary circumstances, all as more fully set forth in Section 3.6 herein. NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59, commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and 626.77, and in consideration of the mutual covenants herein contained and the benefits that each party hereto shall derive hereby, the Parties agree as follows: PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON-LPOS 1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the Provider will provide the City with the professional services of those certain licensed peace officers identified on Attachment A attached hereto (such licensed peace officers identified on Attachment A shall be collectively referred to herein as the "LPOs") to assist the SPPD with the Security Event, and to set forth the terms and conditions in which the Provider, subject to Section 3.6 herein, can avail itself of the aid and assistance of the RRT. 1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide the City with persons who are employed and actively utilized by the Provider in a public safety capacity who do not meet the criteria of an LPO as set forth in this Agreement but whose special public safety training and experience may enable such persons to provide further assistance to the SPPD with regard to the Security Event (hereinafter such persons are identified on Attachment B attached hereto, and shall be collectively referred to herein as the "Non-LPOs") (an example of a Non-LPOs might include parking enforcement and/or traffic control officers, detention staff, special deputies, and emergency center dispatchers). If the SPPD, in its sole discretion, desires to use any Non-LPOs, the SPPD will so notify the Provider in writing of the conditions by which the Non-LPOs will be used, and such writing will be incorporated as an addendum to this Agreement. 1.1.2 Provider will exercise its best efforts to assist with the Security Event. The parties acknowledge and agree that resource availability requires Provider to exercise its best judgment in prioritizing and responding to the public safety needs of its jurisdiction including, but not limited to, the Security Event. That prioritization decision belongs solely to Provider. This Agreement does not entitle City or the Security Event to a higher priority or special consideration during Provider's prioritization process. Further, Provider may, at any time, recall its LPOs when, it is considered to be in Provider's best interest to do so. 1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes, Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12, which reads: � "(1) the peace officer has successfully completed professionally recognized peace officer pre-employment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer pre-employment education; and (2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located." 2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE 2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider agrees that each of the LPOs shall also meet the following criteria: A. That each LPO shall by reason of experience, training and physical fitness be deemed in the sole discretion of the SPPD, that she/he is capable of performing the duties required by the SPPD of each such LPO during the Security Event; and B. That: (i) each LPO shall have been employed as a licensed peace officer for a minimum of two (2) years in the United States; or (ii) in the event that an LPO has been employed as a licensed peace officer for less than two (2) years in the United States, that such LPO will at all times when providing the services described in this Agreement, be directly supervised by an LPO who in addition to satisfying the minimum criteria described in this Section 2.1 B. (i), shall also possess sufficient supervisory skills and experience generally recognized and accepted throughout the greater Saint Paul-Minneapolis law enforcement community; and C. That each of the LPOs are officers in good standing with the Provider. Throughout the term of this Agreement, the Provider shall promptly notify the SPPD in the event that any LPO is no longer an officer in good standing with the Provider. D. That throughout the term of this Agreement and subj ect to Chapter 13, Minnesota Statutes, commonly known as the "Minnesota Governmental Data Practice Act" (hereinafter referred to as the "MGDPA"), the Provider shall give notice using the form attached hereto as Attachment C, to the SPPD of any public data, as defined by the MGDPA, related to internal affairs type of investigations either pending and/or sustained against any LPO during the past three (3) years, involving excessive/unnecessary/unreasonable use of force, improper conduct or conduct unbecoming of a licensed law enforcement officer; and E. That unless otherwise provided or requested by the SPPD, each of the LPOs shall be equipped and/or supplied by Provider at Provider's own expense, with a seasonally appropriate patrol uniform of the day and equipment, including but not limited to service belts with Provider radio equipment, service weapon and personal soft ballistic body armor that are required to be worn by each LPO while on duty for the Provider; see Attachment E attached hereto for uniform and equipment list; and F. That Provider shall furnish all of the information required in Attachments A and B attached hereto, for each LPO and Non-LPO, no later than ten (10) business days after the effective date of this Agreement, with the understanding that the City will hold the data in the same classification as the Provider does under the MGDPA. 2.1.1 Provider acknowledges and agrees that at anytime during the term of this Agreement the City has the sole discretion to decline to accept and/or use any LPO or Non-LPO without cause or explanation. 2.2 The Provider agrees to provide the City with the following services: A. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in training activities related to the Security Event, that are coordinated or conducted by the SPPD or its designee (hereinafter each such training session shall be referred to as a"Security Event Training Session") for a period of time commencing from the Security Event Training Session Commencement Date to the Security Event Training Session Termination Date as those respective terms are defined in Section 4 herein; and B. That upon reasonable advance written notification from the SPPD, each LPO so designated by the SPPD shall participate in the Security Event for a period of time commencing from the Security Event Commencement Date to the Security Event Termination Date as those respective terms are defined in Section 4 herein. C. That each LPO agrees to be placed by the SPPD, if so determined by the SPPD, in an "On Assignment" status in which the LPO is physically proximate to a Security Event location within the City of Saint Paul, so as to be able to physically report in a timely manner to such duty post assigned by the SPPD prepared to undertake the specific j ob task or responsibility assigned to such LPO by the SPPD related to the Security Event. D. That at the request of the SPPD, each LPO and Non-LPO shall participate in and/or provide information to and otherwise cooperate with the SPPD in any "after action activities" following the conclusion of a Security Event Training Session and/or the Security Event. For purposes of this Agreement "after action � activities" may include, but not be limited to the following activities related to Security Event Training Sessions and the Security Event: debriefings of information and experiences, completion of surveys and questionnaires and assisting and/or participating in any civil and/or criminal legal proceedings. 2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times during each Security Event Training Session and/or the Security Event, each LPO regardless of such LPO's rank or job title held as an employee of the Provider, shall be subj ect to a structure of supervision, command and control coordinated through a unified law enforcement command and following unified command principals and practices established throughout the law enforcement community (herein referred to as "Unified Command"). 2.4 The Provider agrees to cooperate and provide the City, with any other information reasonably requested by the City that the City deems necessary to facilitate and enable compliance with the terms and conditions contained in this Agreement. By way of illustration only, such cooperation and information may include, but not be limited to the Provider's timely completion and production of information required for insurance purposes and audit purposes. 3 CITY RESPONSIBILITIES 3.1 City agrees that it will provide or facilitate the Security Event Training Session[s], the SPPD deems necessary. The substance of the training, including the locations, dates and times of any Security Event Training Session, shall be detailed in a separate writing provided from the SPPD to the Provider. 3.2 The City anticipates certain financial assistance will be provided to it by the federal government and/or third parties other than the City (hereinafter referred to as the "Security Subsidy"), to fully and completely fund and/or reimburse the Provider for the necessary costs of participating in the Security Event Training Session[s], the Security Event, the RRT and any "after action activities" related thereto. Subject to the City's good faith duty to provide the Provider with as much advance written notice that is reasonable under the circumstances that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in this Agreement, Provider acknowledges and agrees that the City's obligation to reimburse such costs or expenses shall be limited only to the funds available in the Security Subsidy. In such event, City agrees that funds available shall be distributed between/among Provider and any other law enforcement organizations providing services under this or similar agreements in, at least, a ratio based on each organization's contribution as a share of the total contributions 3.3 Subject to the prior written approval of the City and the Provider's compliance with the requirements of Section 5 of this Agreement, the City agrees to provide reimbursement from the Security Subsidy to the Provider for each LPO and Non-LPO whose services are actually utilized by the SPPD during the Security Event Training Sessions and/or the Security Event, for the following: the prevailing hourly contract wages at the rate of one and one-half times, together only with the employer's share of Medicare and PERA contributions being paid by the Provider to each LPO and Non-LPO (based on such hourly wages and employer's share of Medicare and PERA contributions described in Attachments A and B attached hereto) at the time the services of such LPO or Non-LPO have been actually utilized by the SPPD in accordance with this Agreement. Unless otherwise agreed to in writing by the City, the City shall only reimburse the Provider in accordance with this Agreement for any pre-approved reimbursable costs incurred by the Provider related to the actual participation by an LPO or Non-LPO in a Security Event Training Session, only upon the satisfaction of one of the following conditions: (a) the actual participation by such LPO or Non-LPO in the Security Event as required by the SPPD; or (b) such LPO or Non-LPO, was ready, willing and available to participate in the Security Event as required and needed by the SPPD hereunder, despite the LPO or Non-LPO not having actually participated in the Security Event. 3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and implementation of this Agreement, which responsibilities shall include, but not limited to, determining the assignments of the LPOs, shall be SPPD Assistant Chief Matt Bostrom (hereinafter referred to as the "Coordinator"). Except as otherwise provided in this Agreement, all contact or inquiries made by the Provider with regard to this Agreement shall be made directly to the Coordinator or the Coordinator's designee. 3.5 The City shall provide the Provider with the eligibility guidelines for the costs described in this Section 3 and a checklist for submitting the Reimbursement Payment Form attached hereto as Attachment F, and related required documentation. 3.6 The RRT will be established for the sole and exclusive purpose of providing public safety-related aid and assistance as requested by law enforcement organizations with the legal responsibility for providing police services to local units of government throughout the Twin Cities metropolitan area (hereinafter referred to as the "Requesting Party"),who have entered into an agreement substantially similar to this Agreement, with the City, provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC; and (ii) only if such aid and assistance is warranted by extraordinary circumstances. For purposes of this Agreement, the term "extraordinary circumstances" shall mean those circumstances that significantly exceeds the usual and customary ability of the Requesting Party to effectively and safely provide police services within its jurisdictional boundaries (which by way of example only, may include, but not be limited to, providing security for critical infrastructure, transportation routes and venues and facilities). Nothing contained in this Agreement shall preclude the Provider from also becoming a Requesting Party and availing itself of the RRT in accordance with this Section 3.6. � 4 TERM OF AGREEMENT 4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement shall become operationally effective as follows: 4.1.1 Security Event Trainin� Session�sl — The Security Event Training Session Commencement Date and the Security Event Training Session Termination Date shall be the date[s] and time[s] so referenced in the writing described in Section 2.2 A of this Agreement which writing will incorporate the terms and conditions of this Agreement. 4.1.2 Securitv Event - The Security Event Commencement Date and the Security Event Termination Date shall be the date[s] and time[s] so referenced in a separate writing to be provided by the SPPD to the Provider, which writing will incorporate the terms and conditions of this Agreement. 4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event Training Session Termination Date[s] and the Security Event Termination Date upon verbal or other non-written notice provided to Provider. 5 BILLINGS AND PAYMENTS 5.1 That in consideration for the Provider's faithful performance of this Agreement, the City hereby agrees to compensate Provider from the Security Subsidy as provided in Section 3 herein and this Section 5. Notwithstanding any other provision contained in this Agreement, the Provider agrees that the City's reimbursement to the Provider from the Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable in Section 3 herein, shall not exceed an amount to be mutually agreed to by the City and the Provider, no later than June 30, 2008. This not to exceed amount shall be memorialized in a separate writing that will be incorporated as an addendum to this Agreement. 5.2 Reimbursement Requirements 5.2.1 Except as may otherwise be provided either by this Agreement or with the written consent of the City, any payments due and owing by the City to the Provider for approved reimbursable costs and expenses described in this Agreement for which the Provider has completed and delivered to the City all of the documentation required herein, shall be made no earlier than the Security Event Termination Date. Subject to the conditions described in this Section 5.2.1, the City shall make every effort to make the payment to the Provider within thirty-five (35) days after the City's receipt of all of the documentation required herein. 5.2.2 As a condition precedent to receiving any reimbursement from the City for approved reimbursable costs and expenses described in this Agreement, the 7 Reimbursement Payment Form, referenced in Attachment F, attached hereto, must: A. Be submitted to the City no later than November 15, 2008, unless such deadline is otherwise extended with the written consent of the City. The Reimbursement Payment Form shall be submitted to the Attention of Lori Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700, City of Saint Paul, MN 55102; and B. Include a cover letter signed by the Provider's Chief Financial Officer or his/her designee, detailing the total amount sought to be reimbursed and a including a summary narrative and cost overview that provide context to the submission, including any unusual circumstances, all provided under the following certification: `7 certify that all information presented in this application supports only costs incurred for security related services provided for the 2008 Republican National Convention, and that all information was obtained from payroll records, invoices or other documents that are available for audit. "; and C. Include an itemized invoice as specified on checklist; and D. Include all back-up documentation, as outlined on the checklist provided by the City to the Provider. 5.2.3 In addition to any other requirements contained herein, Provider agrees that it will promptly provide to the City upon request, any other information or documentation of approved reimbursable costs and expenses described in this Agreement as may be required by the federal government as a condition to the City's receipt of the Security Subsidy. All records must be maintained for future audits and the entity being reimbursed will be fiscally responsible for the results of any such audit. 5.2.4 Any questions regarding this reimbursement process should be directed to: Lori Lee or designee, Office of Financial Services. 5.2.5 The Provider acknowledge and agree that the City's obligations to provide reimbursement pursuant to this Agreement are solely and exclusively limited to the Security Subsidy, and that the City shall not be liable for any payment hereunder. (i) to the extent that the Security Subsidy is insufficient to fully reimburse the Provider and the City provides the notice described in Section 16 of this Agreement; or (ii) in the event that the funder[s] of the Security Subsidy determine, independent of the City and the SPPD, that a cost that may otherwise be reimbursable pursuant to the terms of this Agreement, is not eligible for reimbursement and that any payment for reimbursement previously made by the : City to the Provider is deemed to be ineligible by the funder[s] and is required to be returned to the funder[s]. 5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in the sections of this Agreement. 6 AGREEMENT MANAGEMENT 6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has identified the following person[s] as persons to contact only with regard to the following matters regarding the Agreement: (List names) (List responsibilities) 7 WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION 7.1 For purposes of this Agreement, the following words and phrases shall have the meanings set forth in this section, except where the context clearly indicates that a different meaning is intended. "Workproduct" shall mean any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that are used or belong to SPPD or results from Provider's services under this Agreement. "Supportingdocumentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and work products generated under this Agreement. `Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other format, belonging to SPPD or Provider and pertain to work performed under this Agreement. 7.2 All deliverable work products, supporting documentation and business records or copies thereof, that are needed from or are the results from the Provider's services under this Agreement shall be delivered to the City either pursuant to this Agreement or upon reasonable request of the City. 7.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement without prior notice to the other. Except as otherwise required by federal and/or state law, neither the City nor the Provider shall release, transmit, disclose or disseminate any security information, security service or security service data, defined � under Minnesota Statutes, Sections 13.37 and 13.861 or any like data, as defined and/or required in all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards. 7.4 In the event of termination, all supporting documents and business records prepared by the Provider under this Agreement, shall be delivered to the City by Provider by the termination date. 7.5 Both the City and the Provider agree to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Provider, the Auditor of the State of Minnesota, or other duly authorized representative. 7.6 Both the City and the Provider agree to abide strictly by Chapter 13 , Minnesota Government Data Practice Act, ("MGDPA")and in particular Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1(b), 138.17 and 15.17. All of the data created, collected, received, stored, used, maintained, or disseminated by the Provider or the City in performing functions under this Agreement is subject to the requirements of the MGDPA and both the City and the Provider must comply with those requirements. If any provision of this Agreement is in conflict with the MGDPA or other Minnesota state laws, state law shall control. 8 EQUAL OPPORTUNITY EMPLOYMENT Neither the City nor the Provider will discriminate against any employee or applicant for employment for work under this Agreement because of race, creed, religion, color, sex, sexual or affectional orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 9 COMPLIANCE WITH APPLICABLE LAW Both the City and the Provider agree to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to their respective performances of the provisions of this Agreement. 10 10 CONFLICT OF INTEREST 10.1 Both the City and the Provider agree that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation, or government unit that would create a conflict of interest in their respective performances of their obligations pursuant to this Agreement. 10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance with Chapter 24.03 of the Saint Paul Administrative Code, which provides that: "Except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." 10.3 Both the City and the Provider agree that, should any conflict or potential conflict of interest become known, the party learning of such conflict or potential conflict shall advise the other party of the situation so that a determination can be made about each party's ability to continue performing services under this Agreement. ll INSURANCE 11.1 The Host Committee for the 2008 RNC, at its own cost, shall provide the following insurance coverage in which the Provider shall be covered as a named insured party: A. Police Professional Insurance (the "Insurance Coverage") providing coverage for claims arising out of actions of each LPO and Non-LPO who provide security and law enforcement during the convention and convention related events with a limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced by a certificate of insurance provided to the Provider providing at least a ten (10) day notice of cancellation or any significant material change in coverage. 11.1.1 The Provider agrees to be bound by the terms and conditions contained in the Insurance Coverage policy ("Policy"), the terms and conditions of which are incorporated herein by reference. 11.1.2 The parties acknowledge and agree that the Insurance Coverage shall only provide coverage during the time period set forth in the Policy. 11.1.3 The Provider agrees that is shall cooperate with the insurer who will be underwriting the Insurance Coverage by timely providing information as reasonably requested by said insurer or its designees. For purposes of this Section 11.1.3, this cooperation will include, but not be limited to both the underwriting process and the claims process, and this obligation shall survive and extend if necessary, beyond the termination of this Agreement. 11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non-LPOs. The Provider will maintain workers' compensation insurance or self-insurance equivalent 11 coverage, covering each of its own LPOs and Non-LPOs while such LPOs and Non- LPOs are providing services pursuant to this Agreement. The Provider waives the right to sue any other party for any workers' compensation benefits paid to its own LPOs or Non- LPOs and any dependants of such LPOs and Non-LPOs, even if the injuries were caused wholly or partially by the negligence of any other party. 12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT 12.1 Notwithstanding any other provision of this Agreement, including, but not limited to Section 2.3, it is understood and agreed by the parties hereto that, at all times and for all purposes within the scope of the Agreement, the relationship of the Provider to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shall be construed so as to find the Provider or the LPOs and Non-LPOs, to be employees of the City, and the Provider shall be entitled to none of the rights, privileges, or benefits of City employees. 12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be required to comply with the rules of conduct established by the Provider, the SPPD and/or the Unified Command. In the event that a conflict exists between the Provider's rules of conduct and the SPPD's rules of conduct and the Unified Command has not otherwise provided rules of conduct, the SPPD's rules of conduct shall apply. The Coordinator or his designee shall refer disciplinary matters involving LPOs to the Provider for an investigation. Based on the judgment of the Coordinator or his designee, if a particular matter represents probable cause for the issuance of a criminal complaint, the matter shall be referred directly to an external law enforcement agency for investigation, provided the person's agency head is notified in advance thereof. 13 SUBCONTRACTING. Both the City and the Provider agree not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the other party. 14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES 14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts and/or omissions of the other party and the results thereof. Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor shall be construed to waive any rights and benefits either party has with regard to its status under the insurance coverage described in Section 11 of this Agreement. 14.2 It is understood and agreed that each party's liability shall be limited by the provisions of Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other 12 applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either party, their respective officials and employees, may have under said Chapter 466, or any common-law immunity or limitation of liability, all of which are hereby reserved by the parties hereto. 15 ASSIGNMENT The City and the Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Provider will assign or transfer their interest in this Agreement without the written consent of the other. 16 EVENTS OF DEFAULT; TERMINATION 16.1 Bv the CitX - The City may terminate this Agreement based on the occurrence of any of the following events: A. the cancellation of the 2008 RNC; B. the determination made in the sole discretion of the City, that the Security Subsidy is insufficient to reimburse all or a portion of the costs and expenses described in Section 3 of this Agreement, which determination must be made and disclosed to the Provider prior to the Security Event Commencement Date; C. the failure of the Host Committee to purchase and provide the insurance coverage described in Section 11 of this Agreement in a timely manner determined by the City; D. the failure of the Provider to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the City or SPPD provides Provider with notice of such default. 16.2 Bv the Provider - The Provider may terminate this Agreement based on the occurrence of any of the following events: A. without cause, prior to any Security Event Training Session[s] Commencement Date[s] in which any of the Provider's LPOs shall participate; B. the cancellation of the 2008 RNC; C. the failure of the Host Committee to provide the Provider with evidence in the form of a certificate of insurance naming the 13 Provider as a named insured in the policy of insurance coverage described in Section 11 of this Agreement; D. the Provider's receipt of the notice described in Section 3.2 of this Agreement; E. the failure of the City to comply with or perform any term, condition or obligation contained in this Agreement and to fail to cure such default within seven (7) calendar days after the Provider provides the SPPD with notice of such default. 16.3 Both the City and the Provider shall act in good faith, to provide as much advance written notice of an event of default in this Section 16, to the other party that is reasonable under the circumstances. 16.4 In the event of termination, the City will only pay Provider for those services actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. Except as otherwise provided in this Section 16.4, neither the City nor the Provider shall be entitled to the recovery of any consequential damages or attorney fees related to an event of default hereunder. 17 GOOD FAITH DISPUTE RESOLUTION The City and the Provider shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled and to undertake resolution of disputes, if any, in good faith and in an equitable and timely manner. In the event such a dispute arising out of or relating to this Agreement or breach thereof cannot be resolved exclusively among the parties, such dispute shall be referred to non-binding mediation before, and as a condition precedent to, the initiation of any legal action hereof, provided for herein. Each party agrees to participate in up to four hours of inediation. The mediator shall be selected by the parties, or if the parties are unable to agree on a mediator then any party can request the administrator of the Ramsey County District Court Civil ADR Program and/or similar person, to select a person from its list of qualified neutrals. All expenses related to the mediation shall be borne by each party, including without limitation, the costs of any experts or legal counsel. All applicable statutes of limitations and all defense based on the passage of time are tolled while the mediation procedures are pending, and for a period of 30 days thereafter. 18 AMENDMENT OR CHANGES TO AGREEMENT 18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly signed by the parties hereto, after all appropriate and necessary authority has been acquired by each such party. 14 18.2 Modifications or additional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications, and additional schedules made in accordance herewith. 19 NOTICES Except as otherwise stated in this Agreement, all notice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: To City: To Provider: 20 WAIVER Any fault of a party hereto to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this Agreement's provisions. 21 SURVIVAL OF OBLIGATIONS 21.1 The respective obligations of the City and Provider under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellation or expiration hereof. 21.2 If a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties hereto legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement shall continue in effect. 22 INTERPRETATION OF AGREEMENT This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. 23 FORCE MAJEURE Neither the City nor the Provider shall be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures, electrical power surges or 15 24 current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. ENTIRE AGREEMENT It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties hereto relating to the subject matters herein. IN WITNESS WHEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and year first above written. CITY OF SAINT PAUL By: Its: Mayor Date: Approval Recommended: By: Its: Chief of Police Saint Paul Police Department By: Its: Director, Office of Financial Services By: Its: Director, Department of Human Rights Approved as to form and legality: By: Its: Assistant City Attorney Funding: Activity # and Activity Manager Signature CITY OF FRIDLEY By: Its: Mayor Date: Approval Recommended: By: Its: Public Safety Director Fridley Police Department Provider's Taxpayer I.D. No_ ������������������������������������������������������������������������������ 16 « . ,� TO FROM: DATE: . � . CITY COUNCIL MEETING OF JULY 28, 2008 William W. Burns, City Manager �� � James P. Kosluchar, Public Works Directo: Layne R. (�tteson, Assistant Public Works July 28, 2008 SUBJECT: 2008 Street Impravement Praject ST2008-1 - Change Order #1 '.1: 1 . Attached is Change Order No. 1 for the 2008 Neighborhoad Street Improvement Project No. ST. 2008-1. This change order includes utility repairs to the water and sewer systems, excavatian of mucic in the road bed, and miscellaneaus changes due to minor field revisions. The amount of this change order is $27,754.99. Recammend the City C�uncil approve Change Order #1 to Midwest Asphalt Carporation in the amount of $27,754.99. The revised contract amount is now increased ta $2,456,$17.49. LRO Attachments 56 Page 1 of 2 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Midwest Asphalt Corporation 5929 Baker Road, Ste 420 Minnetonka, MN 55345 SUBJECT: Change Order No. 1— 2008 Street Improvement Project No. ST2008-1 Gentlemen: July 28, 2008 You are hereby ordered, authorized, and instructed to modify your contract for the 2008 Street Improvement Project No. ST2008-1 by adding the following work: Item No. Item Description Cost 1 Repair existing gate valve at 6690 Lucia Lane (below water table). $2,524.25 2 Revised the ditch grading along 68`h Place and �ucia lane due to higher $190.00 than expected water table. 3 Revise grades at 64th Avenue and Pierce Street. $295.00 Install loo� detectors at he junctions of Hickory Drive/ East River Road � 4 and at 79t Way / East River Road. $1,980.00 Excavate, grade, and establish erosion protection for the pipe outlet $435.00 5 located on the end of Channel Road. Furnish and install special order sewer grate and casting on 7110 Ashton 6 Avenue. Casting is in a driveway so it needs to bea surmountable style. $576.38 7 Repair gate valve box at Hickory Drive and 70�h Way. $643.88 $ Cut down the top of a sewer rnanhole to matchnew street grade. $22� $$ Uncovered buried manholes to provide access to Fridley Sewer 9 Department for sewer pipe inspection. Inspection was required due to $558.75 several street voids appearing overnight. 10 Repaired a storm sewer pipe that was partially collapsed at 6875Hwy 65 $2 277.00 East Service Drive. Excavated 743 cubic yards of muck on Hwy 65 West Service Drive 11 between West Moore Lake Drive and 64th Avenue, Replaced muck with $10,598.85 617 cubic yards of salvaged granular material. 12 Excavated 530 cubic yards of muck on Lucia Lane south of 68th Place. $7,454.00 Replace muck with 440 salvaged granular material. Total $27,754.99 57 Page 2 of 2 Submitted and approved by James Kosluchar, Director of Public Works, on the 28th day of July, 2008. James P. Kosluchar, Director of Public Works Approved and accepted this day of , 2008 by Midwest Asphalt Corporation Approved and accepted this day of , 2008 by CITY OF FRIDLEY Scott J. Lund, Mayor William W. Burns, City Manager : � AGENDA ITEM � COUNCIL MEETING OF JULY 28, 2008 �ffY �F FRIDLEY CLAIMS 137613 -137735 � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 28, 2008 �ffY �F FRIDLEY Type of License Applicant Approved By: Peddler or Solicitor The Window Store for: Public Safet John Vernon Norton Mark Alan Chasin Nathan Michael Hildman Lawful Gambling Totino-Grace Parent Or anization Cit Clerk Julie Ann Michels Public Safet � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 28, 2008 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Albrecht Si n Com an Inc Si n Erector T. J. Albrecht Ron Julkowski, CBO All Climate Heating & Cooling Heating Mark Bloomdahl Ron Julkowski, CBO LLC As en Air Heatin Joel Rivard Ron Julkowski, CBO As en Air Gas Joel Rivard Ron Julkowski, CBO Central Roofin Com an Roofin Gail Schwarz Ron Julkowski, CBO Crosstown Concrete & Brick Inc Commercial or Greg Pietig Ron Julkowski, CBO S ecialt License D& S Construction Commercial or Stephen M. Brown Ron Julkowski, CBO S ecialt License Forever Nails LLC Si n Erector Phu Trun Trinh Ron Julkowski, CBO Perfection Heatin & Air Heatin Steve Kuzi Ron Julkowski, CBO Peterson Pinn Heatin Ra Turn uist Ron Julkowski, CBO Sammy's Construction Company Commercial or Kirby Gobernatz Ron Julkowski, CBO S ecialt License � AGENDA ITEM � CITY COUNCIL MEETING OF JULY 28, 2008 �ffY �F FRIDLEY INFORMAL STATUS REPORTS