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CCA 02/25/2013 � � CITY COUNCIL MEETING OF FEBRUARY 25, 2013 CffY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, nationai origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 11, 2013 NEW BUSINESS: 1. Resolution Scheduling a Public Hearing on an Ordinance Amending the Fridley City Charter, Chapter 4, Nominations and Elections, and Directing Publication of Public Hearing Notice .............................................. 1 - 6 2. Resolution Scheduling a Public Hearing on an Ordinance Amending the Fridley City Charter, Chapter 5, Initiative, Referendum and Recall, and Directing Publication of Public Hearing Notice .............................................. 7 - 14 3. Appointment— City Employee ....................................................................... 15 4. Claims (158485 — 158639) ........................................................................... 16 - 28 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 2 2. Second Reading of an Ordinance Amending Chapter 205.30, 0-5, of the Fridley Zoning Code Pertaining to Clarifying Approved Locations for Telecommunications Towers and Facilities and Adoption of a Map of Approved Tower Sites as Part of Appendix A to Chapter 205.30 (Text Amendment, TA #12-04, by the City of Fridley); and, Adopt Official Title and Summary Ordinance. Darin Nelson, Interim City Manager, stated a public hearing was held on January 7 with a first reading on January 28. The changes from the first to second readings include some modifications to the table of approved sites and corresponding map to better clarify the location of approved telecommunication sites. Staff recommends Council's approval. Staff also recommends approval of the summary ordinance for this text amendment. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1302 ON SECOND READING, AND ORDERED PUBLICATION OF THE OFFICIAL TITLE AND SUMMARY ORDINANCE. 3. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to Telecommunications Fees (Text Amendment, TA #12-05, by the City of Fridley). Darin Nelson, Interim City Manager, stated a public hearing was held on January 7 with a subsequent first reading on January 28. There were no language modifications from the first to second readings. Staff recommends Council's approval. ADOPTED ORDINANCE NO. 1303. 4. Resolution Ordering Advertisement for Bids: 2013 Miscellaneous Concrete Repair Project No. 429. Darin Nelson, Interim City Manager, stated this is an annual project which includes concrete replacement of sidewalks, pavement, curbing, and other miscellaneous concrete work throughout the City because of utility repairs and substandard conditions. The cost is estimated at $43,000 and is allocated through various funds and departments including water, sewer, streets, and parks. Staff anticipates opening bids on March 6 and awarding the contract on March 11. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2013-09. 5. Approve Change Order No. 1 for the City of Fridley AV System Project. Darin Nelson, Interim City Manager, stated this change arder upgrades the audio mixing equipment to meet the City's audio and teleconferencing needs. It is further expandable if other FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 3 needs arise. The net amount of the change order is $806.91, and will be paid for with dedicated equipment funds from the Cable TV Special Revenue Fund. APPROVED. 6. Approve Change Order No. 3 for the City of Fridley AV System Project. Darin Nelson, Interim Finance Director, stated this change order adds a scaler/receiver for the document imaging camera located above the staff presentation area. The addition of a scaler/receiver allows the document camera and computer outputs to be converted to a single video output signal allowing the producer to switch between inputs. The amount of this change order is $2,780.89 and will be paid for with the dedicated equipment funds from the Cable TV Special Revenue Fund. APPROVED. 7. Appointment- City Employee Darin Nelson, Interim Finance Director, stated staff recommends the appointment of Taylor Anderson to the position of Public Services Worker in the Parks Division. Mr. Anderson brings with him broad experience in a variety of maintenance and trade functions including operating his own business in landscaping and grounds maintenance. This appointment fills a vacancy created when Tyson Jenkins resigned in May, 2012. APPROVED. 8. Claims (158310 - 158484) APPROVED. 9. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 10. Estimates Odland Protective Services 7655 Vernon Street Rockford, NIN 55373 Watertower No. 1 Rehabilitation Project No. 382 Estimate No. 2..............................................$ 23,650.00 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 4 CompView, Inc. 1410 Energy Park Drive Suite 16 St. Paul, MN 55108 City of Fridley AV System Project FINAL ESTIMATE...................................$ 34,399.12 APPROVED. APPROVAL OF CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: (No one from the audience spoke.) PUBLIC HEARING: 11. Consideration of the Final Scoping EAW Document of the Alternative Urban Area- Review (AUAR) for the property generally located at 4800 East River Road (FMC Site) (Ward 3). MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 7:42 P.M. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 5 Scott Hickok, Community Development Director, stated the AUAR scoping document is the equivalent of an Environmental Assessment Worksheet. They are probably more familiar with the EAW EIS process when they are talking about environmental reviews of very large projects. There is an alternative to the EIS which is the AUAR, and it is staff s recommendation through this process the City do an AUAR on the former FMC site, or more recently known as the BAE site. Mr. Hickok stated this document takes all of the environmental things you might consider here and discounts the ones that really do not have to be considered because they are taken care of and would not be relevant in this case. It puts every relevant piece of environmental analysis in the scoping document and not only identifies it but also identifies how to proceed in taking care of it. Mr. Hickok said for clarification, there is a 14-acre site at the southern end of the FMC site that is a superfund site. That is not part of this consideration. However, 122 acres north of the site contains 83 acres of the Naval Industrial Reserve Ordinance Plant (NIROP) Superfund site is part of this consideration and will be part of this redevelopment. Mr. Hickok stated the AUAR looks at soil contamination and regulated waste on the site. The AUAR document will identify processes in place that are to be followed for long-term protection of the groundwater. It looks at adjacent road capacity and impacts to those. It will evaluate future use on this land. It will measure proposed uses against the existing use. It will consider wildlife on the site. It will take a look at water. No supplier-protected wells are planned as part of this development, but it will take a look at existing water. It will consider erosion and sedimentation that might happen as part of this development. It will consider surface water runoff, water quality, and wastewater, geologic hazards and soil conditions, solid waste and storage tanks, traffic, and vehicle related emissions. Mr. Hickok stated it will also consider stationary source emissions. These could be things like boilers or exhaust vents, etc. They will consider odors, noise, and dust. It will consider nearby resources, historic and archeological. In the study, it talks about two historic houses along East River Road and consideration of those. It will consider adverse visual impacts and compatibility with plans which would be comprehensive plan, zoning, etc. It will also consider compatibility with its own plans that were identified as options. It will also consider impact on infrastructure and public services. All cumulative impacts of the 122 acres are already being considered. Also other environmental impacts are being considered as part of this document as well. Mr. Hickok stated taking all of the environmental considerations and putting it into focus now � and adopting a document that gives marching orders to move forward, the formal AUAR process would begin tomorrow. They would take the scoping document and build an AUAR consistent with that and answer the questions that have been outlined in the scoping document. Mr. Hickok stated on February 25, there would be a submission to the EQB (Environmental Quality Board for the State of Minnesota) for notification of AUAR preparation. On March 4 the EQB publication of AUAR preparation notice would be posted. On March 18 there would be FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11,2013 PAGE 6 a complete graph of the AUAR submitted back for Fridley staff to review. On April 8, the AUAR would be submitted to the EQB for publication. On April 15, the EQB publication of AUAR availability and public input meeting would be announced through another public announcement of a couple types. The EQB would publish this and would begin a 30-day comment period again that would run from April 15 through May 15. Mr. Hickok stated on May 1, like they did last time on January 9 mid-way through the 30-day comment period, they had a public hearing for people who had questions or comments. They would have a similar meeting for the formal AUAR. From May 16 to May 31, responses to comments would be applied and the AUAR revised. On June 3, the revised AUAR would be submitted to the City for review. On June 17 that revised AUAR would go to the EQB for publication. It would be published on June 24. From June 24 through July 8, there would be a third comment period. On July 22, they would bring the AUAR back to Council for their final approval. On July 29, they would send notification to the EQB of the adequacy of the AUAR. On August 5, the EQB would publish the adequacy of the document in the EQB Monitor, and this process would be completed. Mr. Hickok stated the scoping document is complete and staff recommends Council's approval. Councilmember Saefke stated in Appendix B there is a document from Mr. Kosluchar stating that some other governmental agencies should be informed about this. His only concern is the Mississippi Watershed Management Organization. He knows it was mentioned and one of the primary difficulties that the MWMO has is they do not normally get the plans for development until it is too late to do anything. They would like to have this document and preliminary plans before construction begins so they can make recommendations that could be incorporated into the development. He realizes the MWMO is not a permitting agency and Mr. Kosluchar's memo defines that, but they usually have the watershed authority, whichever development is in, take a ', look at the stuff beforehand. Oftentimes they have had Rice Creek Watershed take a look at stuff ' and get their approval before development begins. Councilmember Saefke stated Well No. 13 is there. He did not see anything in there discussing the total responsible parties for the contamination of the soils in that area. He asked if responsible parties are kicking in to this development and what influence it is having on Well No. 13. He said he knows there is remediation work going on there right now to capture the contaminated groundwater. He is wondering what influence that pocket of contamination is having on the City's well and whether it is restricting the use of that well and, if it is, who or what is going to remediate the loss of a perfectly good well that they cannot use because of contaminated groundwater on the NIROP property and the FMC property. He wonders if those things have been addressed or will be addressed. The City does have quite an investment at Well No. 13. There is a large industrial area in that general area, and it is the only source of water origination. If there was a fire or something, it used to be set up so in case there was a drop in pressure, that well would automatically come on to provide fire service water from that direction because that is the City's southernmost source of water. He asked if that had been contemplated and if responsible parties are going to remedy the situation if they cannot use that well. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11 2013 PAGE 7 Mr. Hickok stated notifying the Mississippi Watershed District early is a point very well taken. They will do everything they can to make sure they get their information as early as they can to be able to respond. As far as Well No. 13, there are probably other people who are better equipped to respond, but this is a project about cleaning up. This is not a project about putting contamination into the soil; it is about cleaning up existing contamination. Liabilities rest with the originators of the contamination, and the good news for us is much is being relieved in the site in terms of contamination. It is really important they understand and make a distinction that the AUAR hopes to identify anything that would be a further impact, be it emissions, erosion, etc. The groundwater plume that is affecting Well No. 13 is there now, and what is being done as a part of this development is to clean up and relieve them of some of that which is already there in the earth. Paul Hyde, Hyde Development, stated they have been working on redeveloping the former NIROP/FMC site for almost a year. They have come a long way. They have spent an enormous amount of time in understanding the environmental issues on the site. It is a federal superfund site. This is their fourth site they have done. Their second one was here in Fridley, the former Boise-Onan Medtronics site. They are used to working on these sorts of projects. The key is to really be able to understand what the end use is in terms of real estate, and then fitting that with the existing environmental condition and then working with the regulatory bodies, both the City, the state pollution control agency and, in this case, United States EPA. They have had a spectacular round of ineetings with those agencies over the last 8 to 12 weeks. Both here locally and in Chicago with the EPA. They really think they have a good program going forward to incorporate their redevelopment project into the existing monitored ongoing and in-place cleanup efforts. Mr. Hyde stated their redevelopment is not going to do anything to the existing groundwater system. As to Well No. 13, that is a very good question. That is not anything their development changes. All that is being reviewed and overseen by the state and federal government as it has been for 20 years. They believe their project will actually make it better by ultimately being able to redevelopment the area underneath the existing building. It will improve the efficacy of that groundwater system. Perhaps bring new technology to bear in terms of remediating the groundwater system and ultimately bringing jobs and tax base back to the site. That is their goal. Mr. Hyde stated the scope of this particular document is a very broad scope of identifying potential issues. Everything from traffic, to groundwater, to air emissions. That is the purpose of this particular meeting tonight. Every single building, every shovel they put in the dirt will be reviewed, overseen and approved by both the federal and state governments; and that will ultimately lead to their project from beginning to end. Perhaps up to 12 different buildings being reviewed and approved and certified as environmentally safe by both the state and federal governments. This is just the beginning on a very large, statutorily-mandated environmental impact statement process and it could be a five- to nine-year process. Every single piece of ground they are encountering, redeveloping, and working on will be reviewed, tested, and overseen by the appropriate regulatory bodies. That is as much as he can answer at this point. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY ll,2013 PAGE 8 Councilmember Bolkcom asked as far as Well No. 13 or anything else and the agencies that have been working on the contamination, the ownership does not go away with this project. Mr. Hyde replied by virtue of them acquiring the site, both state and federal law mandates that the ultimate environmental liability still rests with the responsible party--in this case the United States Navy. There is an agreement called the "Federal Facilities Agreement (FFA)" binding three different agencies to the cleanup of this site. That is the Navy, Minnesota Pollution Control Agency, and the U.S. EPA. None of that changes by virtue of their redevelopment. They are reviewing and overseeing the environmental issues to the best of their ability on the site. What they are saying is, okay, that is done. That is what you are working on. How can they make it better and incorporate what they want to build. That is for the Minnesota Pollution Control Agency's voluntary cleanup unit which is designed and statutorily enabled to do just this sort of thing--incorporate new development on polluted sites. They were the first program in the United States to come up with this. This was 1992 and they have been leading the country ever since in incorporating new development on polluted infill sites which brings jobs, tax base, and pollution cleanup into cities like Fridley, Brooklyn Center, Minneapolis, and St. Louis Park. That is what this program is designed to do. And they are going to do continue to do what they have been doing for many years. Councilmember Bolkcom said part of the whole thing is to do something on a site they could not do before. She asked if it would cause anyone to be harmed in any way. They will be cleaning up some of that stuff that has been left there because no one has been moving any dirt, etc. to put in new buildings. Mr. Hyde stated the only thing that is changing is the building is falling apart. The environmental issue has not changed. The building does not have a useful life anymore. Now it is time to redevelop the site. How do they incorporate the next iteration of useful life in terms of commercial redevelopment on this site into the existing environmental situation? That is what they are about to do. Councilmember Bolkcom asked if anything said at the public meeting and the public hearing tonight will be incorporated into some report or if he will summarize it. Mr. Hickok replied they collected the comments from the January 9 public meeting and all of the comments that came in during the 30-day comment period. Those are all in Appendix B. Tonight is a public hearing by virtue of staff's choice, not by law. They wanted this process to be as transparent as possible and as public involved as possible. However, this meeting will have a standard set of minutes that will be placed in this file and will serve as help for Council. This is really their question and answer period and that of the public if they are curious or if they were puzzled about a certain piece of the project. They will come back during the time period that was outlined, April 15 to May 15. They will have another 30 days to comment on the AUAR, now the final document, and then once it goes into the EQB and is published, there will be another 10-day period they will have an opportunity to comment. They want to see people's comments, understand what people's concerns are, and have this document address those. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11,2013 PAGE 9 Councilmember Bolkcom asked, if there was going to be a public document anywhere so someone could actually read it after the program tonight. Mr. Hickok replied, yes. There was a link on the City's website through the 30-day comment period. Now that they have this document it will be on the website. When they get to the next round of AUAR, much like this one, there is a whole list of people who get it, including staff at the library across the street and the City's front desk. Councilmember Bolkcom asked if Anoka County made any comments. Mr. Hickok replied yes, they did. Councilmember Bolkcom said on Page 4, the fourth paragraph down, it says there will be no public roads. Do they absolutely know there will be no public roads or any improvements not knowing what the exact development will be there? They are looking at 2016 or beyond and also they had the whole East River Road corridor study done and the increase in numbers. Has all that been taken into account? What would happen in this development if some huge building went in there? Hopefully there will be a lot of buildings here with a lot of employees. There would be no reason to have any improvements or any turn lanes, etc.? Mr. Hickok replied in the document, there are an Option 1 and an Option 2. This is saying that inside the public road system that exists right now there will be a private road system. As far as the comment about traffic numbers, this anticipates development and emissions at intersections and those kinds of things. It is not saying it is blind to those facts. It is just simply stating that based on the proposals as submitted, they are not anticipating that any future infrastructure outside of this project would be necessary. Councilmember Bolkcom asked whether they are not anticipating any traffic issues, such as going from an A to a D, because of the road coming out of there. Mr. Hickok replied that is why it was really important to involve the County in this process. One of the things that is important to remember is this site was developed and at one time had over 5,000 employees on it. The idea is to bring it back. They would love to have 5,000 employees on this site again. However, in terms of the infrastructure that is in place, it was designed and built for heavy shipments of artillery in and out of the site and also for the traffic numbers that anticipated jobs on the site of 4,500 people. Councilmember Bolkcom stated she recalled at 3:30 p.m., it was not a place you wanted to be because people were leaving. Have they anticipated the people going in and out of that site? Mr. Hickok replied the study anticipates that it will be looking at emissions at intersections and those kind of things. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 10 Councilmember Bolkcom asked if they will be looking at that. Mr. Hickok replied, yes. Councilmember Bolkcom asked on Page 5, it says, "Explain the project purpose; if the project will be carried out by a government unit, explain the need for the project and identify its beneficiaries." She asked them to explain the question. Mr. Hickok replied, to understand the outline a little bit, this is like a form document that the EQB provides, and it is filling in the answers. The highlighted bold question is what the EQB is asking the developer. The answer is below: "Purpose is reuse of an underutilized and contaminated site." Councilmember Bolkcom asked whether the project will be carried out by a government unit, is that because the City is involved in it as a government. Mr. Hickok replied, we are the responsible governmental unit that makes certain that when this development happens it happens in accordance with the law. In that way, the City is involved as a governmental unit. This response is basically indicating what it is the City is overseeing, and that is the reuse and underutilization of a contaminated site. Councilmember Bolkcom asked regarding Question No. 8, everything, including tax increment financing, cannot be completed until all the final decisions. Mr. Hickok replied, the way our tax increment financing is structured is that there are a couple of pieces of there. There is the more common kind they are familiar with that is pay as you go. As the pieces develop. There is also a hazardous substance subdistrict here. There are special provisions in the law that allows money to be spent in different ways. On the more standard type you will see that happen as Mr. Hyde moves ahead and does the first phase, the first building. There will be draws once they reach a certain benchmark. However, as far as some of the cleanup costs, some of that hazardous substance money will be released early in the process to help with some of that cleanup. It is structured. The laws relative to both the hazardous subdistrict and the TIF recognize that there needs to be certain things done with the environmental piece before there are releases. However, the one case is a bit different district than what they are used to dealing with and that is that hazardous substandard sub district. That is one basically created so they are able to help fund some of the cleanup where those costs are extraardinary and need financial help to do. Councilmember Bolkcom stated but it says no final decisions can be made until all the appropriate environmental reviews are done. Mr. Hickok replied, the HRA has been in the process with Mr. Hyde on this for about a year. The foundation is basically laid, and the HRA has agreed to do two forms of tax increment FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11,2013 PAGE 11 financing. However, it does take the AUAR to be completed in order to continue moving ahead with the development. That is true and that is correct. Councilmember Bolkcom asked on Page 6, what a "Response Action Plan approval" is and what a"Voluntary Response Action Agreement approval" is. Mr. Hickok deferred to Mr. Hyde. Mr. Hyde replied a voluntary response action agreement is a document that binds themselves to the State Pollution Control Agency to a plan and program for them submitting investigation plans and response action plans (RAPs) which is the cleanup plan. That is the plan that governs how they are going to clean up what they find on the site and what they are going to ultimately build. Once they implement the cleanup plan and build the building, they provide a report to the State to document how they have cleaned up the site, what they have built, and the State provides the appropriate liability protection. In this case a Certificate of Completion that certifies they have done everything possible on their end to redevelop and clean up that particular site. Councilmember Bolkcom stated that is an unusual name for it. Mr. Hyde replied that is the whole nature. What has been going on in this site for 20 years has been an endorsement action from the state and federal government against the United States Navy. The Navy did not volunteer for this. They polluted it and they are the responsible party. Their development firm is volunteering. They did not put it there. They are volunteering to � clean up what they find and to redevelop the site. The volunteering nature of what they are doing and the review and oversight of that by the Minnesota Pollution Control Agency is part of the voluntary investigation and clean-up or VIC program created by an amendment to the State superfund law in 1992 that has allowed the redevelopment of polluted property across the state for the last 20 years. Mr. Hickok stated they may recognize RAP as they recently talked about that on the CITGO site. There is a RAP in place for that once it decides to redevelop that they will need to follow. Councilmember Bolkcom asked what is a SWPPP. James Kosluchar, Public Works Director, replied, stormwater pollution prevention plan. When it is referenced in this document it is talking about typically erosion control during construction and post-construction water quality improvements to this site. Councilmember Bolkcom said with respect to the top paragraph on Page 16, "The proposed land uses being studied by the AUAR are largely industrial in nature, so examining impacts and surrounding areas based on a change in land use will be unnecessary. No further evaluation of land use will be provided by the AUAR." What does that mean? FRIDLEY CITY COUNCIL MEETING OF FEBRUARY ll, 2013 PAGE 12 Mr. Hickok replied, it is industrial now and it will be industrial. If, for example, they were going to take it to a residential standard and clean up and demolish the industrial site, the standards for cleanup are very different for a residential standard. They are going industrial to industrial. That further level of analysis they might do for residential is not going to be required because they are taking down 1.8 million square feet of building, and they axe going to be building between 1.5 to 1.8 million square feet of building back there of a similar industrial nature. Councilmember Bolkcom asked is it not going to be quite different from what is there now? Could there not be an impact? It has been sitting vacant. Mr. Hickok replied think about this in terms of the industrial sites that are out there. Do you put your industrial buildings that have been sitting vacant and now are occupied through some sort of additional test, even though it has been sitting empty for a while and the new user who is coming in is quite different from Mayflower Transport who used to be there? They do not have them go through any additional analysis. It is industrial to industrial. The City's zoning code is set up to basically define what uses are permitted but not necessarily down to different types of industrial use. They have heavy industrial, light industrial, and outdoor intensive industrial. They even have some manufacturing only. There is not going to be any further analysis based on one type of industry vs. another type. Mr. Hyde stated they are still going to spend a lot of money making it a dramatically improved, far more diverse, business park, with 30 different businesses instead of 1 business. Councilmember Bolkcom stated that is what is confusing to her is they are going to bring in a bunch of businesses. Mr. Hyde stated they are taking a functionally obsolete 60 to 70 year old manufacturing building with holes in the roof and replacing it with perhaps 12 new industrial buildings that could be home to 30 or more tenants. They are going to require them to spend $80 to $100 million dollars to get that to be the case. From a planning perspective, from what is going to occur in terms of capital investment and tenant uses and tax base, it is different. Councilmember Bolkcom asked as they are getting rid of an obsolete building and putting in new buildings there, how it cannot impact the surrounding area. Mr. Hickok stated he thinks her fear is quite well-founded but new industrial development has enough tests and standards that it must live by. What this is saying is when the developer takes out 1.8 million square feet of a building but replaces it with 12 buildings, there is going to be a modern standard. Ponding will be required, as well as all the things a modern building is required to have. It will need to pass different tests. This is not just to say, we are blindly going to say 12 buildings are okay where 1 big building used to be. Each building will have its own form of analysis. I FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11,2013 PAGE 13 Councilmember Bolkcom said the third paragraph on Page 17, talks a lot about redevelopment and long-term solutions for groundwater and the whole action related to damage. How is that assessed then? It is related to contamination and the impacts to the whole Mississippi River and fish. What happens if they start digging something up and find something incredible that no one knew was there. There was a lot of dumping there. There still could be some impact to the fish and Mississippi because of the remediation going on there now. That water is being pumped into the Mississippi. Mr. Hickok replied he thinks what she is asking is whether there will be additional impacts the City should worry about to the fish in the river, and how is that being monitored through this process. Councilmember Bolkcom replied, right. Mr. Hickok stated he does think it goes back to in part to what Mr. Hyde talked about with this being an improvement to the site. They are not changing the Navy's damage that has been done and the testing they have to do, etc. However, this development is going to make it better, and Mr. Hyde will tell them to expect to find all sorts of stuff that will make it better and potentially could make it better for what goes into the river. There is nothing new that is planned as part of the new development that is going to be contaminating that. The testing will still have to happen. The damage to fish, if it is happening right now, based on the Navy's contamination of this site, is an unfortunate thing. Testing will still have to happen. They will still have to be on the hook for that. However, it will now be getting better. It will get cleaned up and the contamination and stuff they find will be cleaned up. All of that can have a positive impact on what eventually runs to the river. That is the good news for us. Councilmember Bolkcom said first paragraph on Page 18 indicates that the physical impacts to the water will not be addressed; but Mr. Hickok is saying it will be addressed when there is actual development going on there and something additional is found. Mr. Hyde replied, there is an existing groundwater system in place which has been there for a long time. Their development is not changing that. To the extent they run into a new hot spot or something under a building that no one has found, they will have to clean it up. To the extent they have a modification to the groundwater system, they have done this previously on four superfund sites. There are some wells that maybe will have to be moved to be in a better spot that could not be moved before because there was a building there. They will work with the Navy, the PCA, and EPA to do that. Before anything happens, it will have to not only be blessed by their environmental engineers but those of the Navy and the state and federal government. Councilmember Bolkcom asked who bears that cost. Mr. Hyde replied, they do as the redeveloper of the project. The reason is because under the existing document that governs the cleanup between the Navy and the state and federal government, the Navy has met their obligations. They are not obligated to redevelop the site, FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11,2013 PAGE 14 they are obligated to clean up what is there today. The developer's obligation is to take it to the next step. That is why the grant program is in place. That is why tax increment is created to do this, to be able to get it over that next hurdle towards ultimately being redeveloped from where it has been left. Councilmember Bolkcom asked but there is no City cost involved in that other than the tax increment financing that is happening which is a whole separate issue. Mr. Hyde replied, right. Councilmember Bolkcom asked on the bottom of that page, it mentions the water tower. Why would a water tower that is currently dry stay? Mr. Hyde replied their plan is to tear that down. The purpose of this document is to not paint anybody into a corner in terms of keeping it, but it is not in use at this time. Councilmember Bolkcom asked on the bottom of Page 19, is says water-related land use management districts will not be addressed. What is that saying? Mr. Hickok replied, he believes that is directly related to the two proposals that they have submitted are leaning towards no additional water-related land use management being necessary there. Neither of the options, 1 or 2, would require anything additional beyond what they would normally be doing as part of that standard review process. Councilmember Bolkcom asked on Page 20, the water surface use, No. 15, how could a big project happen that would not affect the water bodies or water craft on the river. Mr. Hyde replied, they are actually developing less than is there now. There is about 2 million square feet of building, it will be 1.5 million or a little more. They are not planning on using any barge or river traffic for�their development. They are not using any surface water to address the tenants who might be on the project. Councilmember Bolkcom asked the second paragraph from the bottom on Page 20, says approximately 122 acres will be regraded with 300,000 cubic yards estimated to be moved away from the site. Would that be moved to a different part of the site? Mr. Hyde replied, moved around. They are going to do a significant amount of regrading. There will be new stormwater ponds on the site. Currently stormwater is not being treated. There will be different building elevations with dock areas and truck ports. There will be a significant mass grading effort that will be going on at the site. Over 5 to 9 years all those buildings will be tested, approved, implemented, reported, documented, with the State pollution control agency. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 15 Councilmember Bolkcom asked if someone would explain the last paragraph on Page 25. That is the whole response action plan they talked about. Does this address that? Mr. Hyde replied they are trying to talk about a reduction in the mass of contaminated soils that now exist. They will either treat stuff on site or off site if they find polluted soil under the building. The areas south and north of building have been investigated. That cleanup has been implemented. There has not been an opportunity to get at stuff under the building as it is still there. To the extent they encounter impacted soil that fails the industrial cleanup standard, it will be treated or removed. That actually reduces the amount of polluted soil on the site that has been there for 20 years. It has been here for 60 or 70 years and is there today. In the event you have to remove the impacted soil it actually improves the efficacy of the groundwater system in that it is not fighting what might be underneath the building. Councilmember Bolkcom asked whether there would be some soils left there as the second paragraph talks about a vapor barrier system. Mr. Hyde replied, absolutely. One of the primary impacts on the site is chlorinated solvents. Chlorinated solvents volatilize. Think of yourself as pumping gas and you can kind of see the fumes. To the extent again they are not only testing soils for the soil cleanup standard. They are also testing for the vapor standards. Vapors are a very important issue these days. To the extent they are concerned about vapors, they are going to have vapor venting systems underneath the buildings. They have done this for 13 years in their buildings. They put a liner underneath the building floor, pipes underneath that liner, add a sand (either passive or an active system) that draws air through those pipes and clean vapors out so they do not enter the workspace. That system is fairly sophisticated. They did their first one in 1999. To the extent you are concerned about those chlorinated solvents volatilizing on the site, you are going to have vapor systems underneath the building slab designed, reviewed, and approved by the state pollution control agency. Councilmember Bolkcom asked and the fans are blowing it where? Mr. Hyde replied, out into the atmosphere where it volatilizes and defuses into the air. Right now to the extent those vapors are there, they may be trapped beneath the building slab or escaping into the workspace. The cleanup will remove the free product which is the source of the vapors to the extent there are any residual vapors. You have a vapor system underneath the building slab that prevents any further vapors from migrating into the workspace. Councilmember Bolkcom stated but he is saying it goes into the air. Mr. Hyde stated it goes out into the air anyway. That is where the vapors are going today. All reviewed and approved remediation, the latest state of art vapor treatment systems reviewed and approved by the state and federal government. I FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 16 Councilmember Bolkcom asked what is an ADT referred to on the bottom of Page 28. Mr. Hickok replied, average daily trips. Councilmember Bolkcom asked on Page 29, No. 22, depending on how many parking spaces there are, would there be detailed air qualities related to that. Mr. Hickok replied that is basically restating the thresholds that is spelled out in the EQB guidelines for meeting a study. If there are over 500 parking stalls. They already know from the two site plans how many parking stalls there are. They know they are going to be over that, and it is telling us they will have to study it then. Councilmember Bolkcom said on Page 32, it talks about this will not change any existing sources related to the parks and Riverfront Islands. Do they anticipate a fair amount of dust such as when you see a big project going on? Could they see some air quality and other issues related to actually using Riverfront Park? Mr. Hickok replied, that is why it is outlined here and that is an issue. It is an emission that you do not want. A controlled site does not have that kind of dust. It is watered so it does not transfer to other properties. Through the development process, those standards are going to have to be met where the dust is controlled through watering and other methods. Councilmember Bolkcom asked they know if there is some wildlife existing on this site. Mr. Hickok replied there has been an early analysis. He is not aware of any migrating birds or any other species that are taking habitation there. Councilmember Bolkcom referred to the woman's comment relating to tearing up concrete, she asked Mr. Hickok to explain the response. Mr. Hickok replied, there was a response by Mr. Hyde after the meeting and there was a written comment that came in after as a follow-up to that. He asked Mr. Hyde to comment again about any contamination related to it. Mr. Hyde replied one of the important lead building elements is to reuse the concrete. You do not want to mine a limestone quarry and have this crushed concrete just crushed when it is a perfectly suitable sub-base material for your parking lot or building slab. What you do to cover yourself to make sure you are not creating anymore environmental issues with that is to sample the concrete before you crush it. You look for particular contaminates in the concrete and, again, something that is done many times. If you see some staining perhaps in the samples, you do not crush that. It gets sent off to a disposal facility. Mayor Lund asked whether there is a possibility of using contaminated soils or crushed concrete and having it burned. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 17 Mr. Hyde replied, not on site. What they have developed with the help of the Pollution Control Agency is a cleanup standard for the pollutants that they are concerned about on site. They already know what they are. They have been looked at for 20+ years. The PCA then guides them as to what can stay on site and what has to leave and also guides on how the stuff that is left has to be treated and disposed of. They will follow that guidance with their cleanup. Councilmember Barnette stated about two weeks ago there was a meeting where some community advisory groups were being organized, and one of their focuses was going to be on the superfund area. One of the things he found interesting and kind of discerning in a way is that elected officials were not invited to be on those advisory groups. He imagines they will be organizing in the next three or four weeks, and that is one of the things they are looking at is these superfund sites. Mayor Lund stated he has understood them to be "citizen" advisory groups and would not include elected officials but does not mean they could not sit in on them. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 8:50 P.M. NEW BUSINESS: 12. Resolution to Approve the Scoping Document for the Alternative urban Area-Wide Review (ARAR) for the Redevelopment of the FMC Site (Ward 3). MOTION by Councilmember Bolkcom to receive a revised resolution which has two additional new paragraphs. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to adopt Resolution No. 2013-10. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Resolution to Approve Application for Safe Routes to Schools Infrastructure Funds for Improved Bike/Pedestrian Access to Fridley Middle School on 61St Avenue, West Moore Lake Drive and 7t" Street (Ward 1). FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 18 Julie Jones, Planning Manager, stated as they have an existing Safe Routes to Schools grant for the Fridley School District which staff is in the midst of administering currently. This will be the City's second one if they are successful in obtaining it. This program is federal funding that is administered by MnDOT. This round of funding is for infrastructure funds where the City can actually do physical improvements, not just plan for them. Ms. Jones stated grant applications can be made up to $300,000. In this program, they are allowed to include design and construction oversight costs as well, which is a good thing. In case the City's engineering staff is busy warking on street improvement projects, the grant funds can be used to hire an engineering firm to help with oversight on the project. If they are successful in getting grant funds, the project must be completed by June 30, 2014; and the submittal deadline is this coming Friday. Ms. Jones said the reason why the City is more concerned about getting kids biking to school is, if anyone has driven through the areas between the middle school and Fridley high school about 8 a.m. or 3 p.m., they know the City experiences tremendous traffic congestion in that area. The City is interested in getting more people allowing their kids to bike rather than walk to school to help alleviate traffic congestion. Some of the congestion the City will never be able to relieve with the Safe Routes to School grant because as many as a third of the middle school students come from outside the district. The Ivy Schools program in Fridley is very popular and is a real draw for other communities, and a lot of the students are being driven to school. Ms. Jones stated they know that kids are not getting enough exercise. They are seeing that in rising obesity and diabetes rates. There is a lot of emphasis in trying to find new ways for kids to get exercise. They are also seeing research documenting that kids actually learn better in the classroom if they have had experience biking or walking to school. Ms. Jones stated of course safer paths for kids walking to school translates into safer recreational paths for residents as well, which is why staff is interested in pursuing this. Also, in 2010 the City's former environmental planner, Rachel Harris, had formed a committee related to the SHIP (State Health Improvement Program) grant and asked the committee to analyze and rank different sections of the City where it had missing trail sections of disconnect trail sections. It is interesting to note that two of the top three ranked spots of concern for them are the two they are looking at in this grant application. One being on Seventh Street, from 59rh to 53`d, and the other being on 61 S`from the train station over to Stinson Boulevard. Mr. Jones stated another thing that has happened as part of that SHIP program was the City hired an engineering consulting firm to look at various segments of roadway. She showed a drawing of one of the segments that was in their report to the City. The section is on 61 S'Avenue and looking at how it could be laid out. The layout is what the City is proposing to pursue funding for in this grant application. Removing the street parking on one side of the street, on the north side of 61 S` Street, and making room for a bike lane. There would be bike lanes on both sides of the roadway. They would keep the existing sidewalk infrastructure in place. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 19 Ms. Jones stated what is new about this grant proposal is addressing the problem of what do you do with those bike lanes when you get close to the intersections of highways, such as Highways 47 and 65, where there is not enough room in the right-of-way to bring that cyclist to the intersection on the existing paved roadway. The concept that SRF came up with in their study was to create sections of transition where you would bring that on-road bike lane off-road onto the existing sidewalk and widen that sidewalk to make it a multi-use area which both walkers and bikers could share. Ms. Jones stated what is being proposed in the drawing is for both Highways 47 and 65 as well as in front of the middle school where there really is a need for special events to have parking remain on both sides of the street. Ms. Jones stated she showed a drawing on how the road striping could be restructured on Seventh Street to accommodate a 10-foot wide raised bike trail, again by removing parking on one side of the street. They are proposing that parking be removed from the east side of Seventh Street so that the trail could be on the school side of the roadway to avoid kids having to cross the street multiple times to get to school. That multi-use path would be 10-feet wide and could be accommodated for bikers and walkers combined on one side. Ms. Jones stated they have prepared a map to be submitted with the grant application that shows the line in green where the new proposed bike lanes would be running from Starlite Boulevard (where the Northstar train station is) east over to Highway 65. The areas in the yellow boxes are areas of more detail where the City is showing where those bike transaction points would be. Where the on-road bike lane would transition into an off-road trail. Ms. Jones stated in front of the middle school, they are proposing to create a new multi-use trail on the sand dunes side of West Moore Lake Drive which will be a nice improvement for the park there as well as on the north side of the street to keep cyclists out of the roadway during the school start and end times. Ms. Jones stated on Highway 65, there will be transitioning of the bike lane off the street onto the sidewalk, in front of Miller Funeral Home in front of St. Phillip's Church over by Highway 65. Ms. Jones stated staff recommends Council's approval. They are still waiting for some more detailed cost results from an engineering consultant for the City's grant application. They are anticipating the costs of this project to be right around the $300,000 maximum of the grant. This is a highly competitive grant, and they know this is going to be a tough one to get as a lot of people are going for this last round of funding. If the costs come back higher, staff will be bringing this back of course for Council review. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 20 Councilmember Bolkcom said if this is something they are going to be doing, they need to look at developing a policy to keep these cleaned up in the wintertime. They need some costs on the numbers related to maintenance, as this continues to grow with people walking and biking. Mayor Lund stated regarding the east-west bikeway going all the way to Stinson, the map only shows areas up to Highway 65. His concern is what happens on the other side? Ms. Jones stated in the grant application they are only proposing to go to Highway 65. They do not feel they would have funding to go any further. That would be a future project. MOTION by Councilmember Barnette to adopt Resolution No. 2013-11. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Approve Change Order No. 3 for 2012 Street Rehabilitation Project No. ST2012-01. James Kosluchar, Public Works Director, stated there are some additional workups in the contract he will summarize: pavement marking, material substitution, subsoil and base correction, some concrete sidewalk that was modified/added, some water main repairs that were necessary, and enhancements to some infiltration water quality facilities that were constructed with the project. Mr. Kosluchar stated Item No. 1 is to replace the type of pavement marking. They typically specify a poly pre-form material. It has been very costly, and they did want to examine the possibility of using epoxy paint. Epoxy paint has been known to last nearly as long and they wanted to try it in this area. That is a cost savings of$15,800 in that change. Mr. Kosluchar stated regarding hydrant extension, there was one particular hydrant where there was an extension required to meet grade. The water line at that point was unusually deep. Mr. Kosluchar stated the bigger item on the roadway piece was an insufficient base that was found on three MSAS streets. These require a thicker section of aggregate base and pavement than local streets. City records and soil exploration/borings did not identify that as a deficiency. Staff saw a good base. They happened to hit it probably in good locations. There was about 1,500 feet of the MSAS streets that were required to be reclaimed and reconstructed rather than reclaimed and paved. Basically they had to add gravel base underneath the City's typical reclaim operation. That cost was just over $30,000 for that change on 1,500 feet of street. Mr. Kosluchar stated regarding concrete sidewalk, staff actually did not include a bid item in the plans. The reason being they were going to have the City's miscellaneous concrete contractor do some of this work. The pedestrian ramps that needed to be upgraded to ADA requirements were actually less costly through the street contractor; and their contractor was F_RIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 21 actually available. The City's miscellaneous concrete contractor was swamped with work last year and it was very difficult to get them there in a timely fashion. Therefore, staff made the change and asked them to install the concrete ADA compliant ramps alongside the paving. Mr. Kosluchar stated they also had manhole modification for a pipe netwark. They had an added cost of$459.40 to adjust some manholes on the pipe network. Mr. Kosluchar stated regarding Item No. 6, the City had a sinkhole that developed adjacent to some storm sewer work. The pipe was located on sewer easement on two private properties in their front yards, and steps determined the pipe required replacement and the sinkhole was restored. The pipe was upsized to 21 inches. This was right adjacent to the Change Order No. 2 item that was in the right-of-way. Mr. Kosluchar stated Item No. 7 was for additional riprap. There was an infiltration pond installed on Oakley Drive at Meadowlands Park. They actually added riprap from what was shown in the plans. They were planning on using some riprap that was done at the end of the roadway. The quantity and quality was not sufficient to reuse; therefore, staff added some additional riprap. Mr. Kosluchar stated Item No. 8 was the watermain break. They had some repairs that were made to a watermain. On the water main replacement, they had two leaks that appeared which were adjacent to or outside the area of the watermain that was to be replaced. They had the on- site contractor respond and repair those lines. That was on Rice Creek Terrace. Mr. Kosluchar stated they also had some enhancements to rain gardens at Community Park. They had three trees removed and two rain gardens extended and connected with the pipe. This is associated with paving that is to be done in 2013 on the Community Park parking lot. They are getting ready for that and doing the water quality upgrades that are required by Rice Creek and they found they could actually enhance the performance of the two rain gardens by doing removal of the two trees that were there. The City Forester was not real happy with the way the trees were growing at any rate and recommended they be replaced or removed and other plants be installed in the spring. Mr. Kosluchar stated the approved Change Order No. 3 would be within the 2012 budget for the work. Staff recommends the City Council approve the change order to Midwest Asphalt Corporation in the amount of$39,227.1 l. Councilmember Bolkcom asked regarding the paints the City will be using for striping, what happens if it does not have satisfactory results? Mr. Kosluchar replied, what they are finding with the life of the poly pre-form tape that they had been using, is that it is running from five to seven years depending on traffic. The epoxy is a much lower cost and other municipalities have used it locally and have seen consistent five-year results with it. The formulations have gotten better in recent years. They are willing to give this FRIDLEY CITY COUNCIL MEETING OF FEBRUARY ll, 2013 PAGE 22 a try. At some point the City staff does take over the restriping of those roadways, and they do annual contract work with several cities to do the lineal striping because they do not have the striping truck. Then Fridley's own crews go out and stripe crosswalks, stop bars, and legends in the street. They are looking at this as an option for some cost savings in the street budget over the long run. MOTION by Councilmember Saefke approving Change Order No. 3 for 2012 Street Rehabilitation Project No. ST2012-01. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PRESENTATION: 15. Annual National Pollutant Discharge Elimination System (NPDES) Review of Fridley's Stormwater Pollution Prevention Plan (SWPPP) for 2012. Mr. Kosluchar stated the NPDES is stormwater legislation initiated by the Clean Water Act. Basically under that legislation, the EPA has delegated a stormwater program to each state including Minnesota. Minnesota has taken on the authority of the program by statute. Mr. Kosluchar stated Fridley has a requirement in its MS4 permit. Fridley is an MS4 as are other cities in the State. It means Fridley has a separate municipal separate storm sewer system. Fridley's system includes everything from ditches, curbs, gutters, storm sewers, and similar means of collecting water. It does not run to a wastewater collection system or treatment plant. The Fridley has its permit under the State of Minnesota. Mr. Kosluchar stated in 2008, Fridley had its most recent authorization of the stormwater permit, and the heart of that is a Stormwater Pollution Prevention Plan (SWPPP). Fridley is in its lOth year under the NPDES program. Fridley has historically been very proactive in the implementation of a stormwater program, and it has been meeting the requirements of the six minimum control measures under that permit for many years prior to the federal requirements being enacted. The six minimum control measures under the City's permit are: (1) Public outreach education, (2) public involvement and participation, (3) illicit discharge through detection elimination, (4) construction site runoff control, (5) post-construction stormwater management, and (6) pollution prevention and good housekeeping for our municipal operations. Mr. Kosluchar stated as to the first item, for 2012, Fridley municipal television Channel 17 ran several videos that are associated with stormwater including one called "Can Wetlands Be Too Wet." These explain stormwater wetland interactions with development and non-point source pollution. They also hand out or take the opportunity to hand out printed materials for the public. There were tech-tip bookmarks with a Springbrook Nature Center logo on them. There were watershed brochures that were handed out at events, recycling drop-offs, and the Home Show. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11,2013 PAGE 23 Mr. Kosluchar stated as far as good housekeeping for municipal operations, the City continued its education program and training public works staff in best management practices. Also, several staff have been selected to go to outside training that has been offered for free over the past year, including some roadway de-icing training and turf maintenance training. Mr. Kosluchar stated one of the City's efforts in public participation and involvement is to actually provide residents opportunities to construct rain gardens along their streets or to assist and maintain those rain gardens once they are constructed. Four new rain gardens were constructed in 2012. Some of them were in conjunction with the City street project. Mr. Kosluchar stated there are also two other rain gardens under construction by the City at Community Park. There is also a large infiltration basin that was constructed at the north end of Oakley Drive by the City of Fridley. � Mr. Kosluchar stated this meeting is also a public participation opportunity for residents of Fridley. Residents should feel free to call staff if they have any questions about stormwater Mr. Kosluchar stated the City's illicit discharge detection and elimination activities include updates for the storm sewer map that the City does annually. For 2012, it has specific emphasis on water quality elements such as ponds. They are trying to have physical qualities of those ponds collected so that they can move onto the next step they are going to be required to do in the future. Mr. Kosluchar stated also staff updated the illicit discharge ordinance which was approved in February 2012. That ordinance strengthens basically the City's abilities in detection elimination of illicit discharges. Also, the City has an ongoing program for review at municipal facilities. Staff does outfall inspections on sections and cleanings. They do 20 percent annually. They had outfalls on Rice Creek this year that were inspected. There is a documented visual inspection of components, materials, and condition of the outfall structures. Mr. Kosluchar stated staff has also worked with property owners to comply with the City's new IDE code. Staff has worked with Anoka County Wellhead Protection Group to provide presentations to a number of Fridley businesses on wellhead protection which also has side benefits to stormwater. Mr. Kosluchar stated as to construction site runoff control, the City approved an erosion control ordinance in 2006. In addition, the City has other ordinances that are enforced to help protect shoreland areas and require runoff control of parking areas. As to construction compliance, staff requires the use of best management practices by developers during construction. These items include silt fencing, temporary ponding, concrete washout areas, soil stabilization, etc. The City maintains its own compliance on its projects and assists with education on compliance for contractors. Actually the 2012 projects include the Center Point Agency East River Road retrofit project, Tri-Land Redevelopment (Cub Foods), and Sam's Club redevelopment. The City had 10 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11. 2013 PAGE 24 projects that were reviewed and 5 of them required an NPDES permit which basically means they have an acre or more of impact and exposed soils. Several corrective notifications were issued but no notices of violation were issued by the City. Mr. Kosluchar stated as to No. 5, the post-construction stormwater management, one of the activities the City is doing there is maintaining compliance with development ordinances including addition of stormwater BMP's to any and all redevelopment projects within the City. There is the construction piece and the maintenance piece ongoing. As to management agreements, there are some stormwater management agreements when developers redevelop their property or develop new property. They try to obtain access easements for the City to legally enter the property and correct when needed. Two of those agreements were coordinated in 2012. Mr. Kosluchar stated as to No. 6, good housekeeping and pollution prevention under municipal operations, the City inspects and removes debris from 13 structural stormwater treatment devices each year as needed. Two structures required sediment cleaning in 2012. They are staying relatively clean which is good and means there are maybe some better things happening upstream although we had a very dry year. The City completed about 655 hours of street sweeping during the spring and fall rounds of 2012 and removed 2,441 cubic yards of material from our streets. About half of this material is sand and dirt. Mr. Kosluchar stated as to the de-icing program, staff continues to look for ways to reduce salt usage. In six years they have reduced the City's sand usage by about 70 percent. They are also looking at innovative ways to de-ice. Mr. Kosluchar stated as to other events the City had, in 2012 the City had to move to the Coon Creek Watershed District MWMO. The City entered in December 2011 and has been doing that transition over 2012 including the update of Coon Creek Watershed District's plan and then subsequently the City's plan to fall in with its goals. Mr. Kosluchar stated the southern portion of Fridley entered in with the Mississippi Watershed Management Organization in July 2012, and coordination of the City's plans with that agency is ongoing. Then the City had the Oak Glen Creek project which was a big project the City continues to work on. The City does have a Conservation Corp grant that provided some labor in late 2012 to perform some tree removal and associated work in preparation of an improvement project and that will continue in 2013. The City also has the improvement project which is currently under final design. The staff worked very hard to obtain easements from the affected property owners. Mr. Kosluchar stated in the future, the City's newest MS4 permit is still in the works with MPCA. This has been probably about closing in on two years now. It seems like late spring 2013 is what staff is hearing now when it will actually be issued for comment. Again there will be closer linkages between total maximum daily loads. These are pollutant measures along actual waterways and the MS4 permit. Reporting requirements for BMP's will be implemented FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 11, 2013 PAGE 25 and more information about plan BMPs and programs will be required. One of the things staff sees with the TMDL's requirements is the South Metro Mississippi River TMDL which is estimated to cost cities about $850 million by 2020 to achieve a 25 percent reduction in total suspended solids from 2002 levels. There will be 159 Minnesota cities, including Fridley, affected by that. Mr. Kosluchar stated they will also see ponding inventory and monitoring. This is why staff is preparing with the GIS staff the inventory piece of this because they know they will be doing some monitoring and potentially some future enforcement. Fridley's role in this MS4 process is to stay in touch regarding the proposed regulations and try and provide comment when there are segments of the permit that are released to the City. There are resources to the public. There is the MPCA stormwater website, the EPA stormwater website, and the City of Fridley website. There are the three watershed districts, Coon Creek Watershed District, Rice Creek Watershed District, and Mississippi Watershed Management Organization.. 16. Informal Status Reports Mr. Kosluchar stated MnDOT is already planning a big project in Fridley for this summer. It will be on I-694 and the project limits are from Brooklyn Park to Arden Hills. It will affect all of Fridley. I-694 will be closed down to two lanes during the day and one lane overnight, and there will be intermittent ramp closures along I-694. The project is for resurfacing. There will be a project open house on Wednesday, March 6, 4 p.m. to 7 p.m. at the Fridley Community Center. Councilmember Bolkcom asked how long will this project last? Mr. Kosluchar replied, his understanding is it will last the majority of the summer. He is attending the project open house himself to find out. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:38 P.M. Respectfully submitted, Denise Johnson Scott Lund Recording Secretary Mayor � AGENDA ITEM CITY COUNCIL MEETING OF �°F February 25, 2013 FRIDLEY To: Darin R. Nelson, Interim City Manager ����,,;� From: Debra A. Skogen, City Clerk� � Date: February 21, 2013 Re: A Resolution Scheduling a Public Hearing on an Ordinance Amending the Fridley City Charter, Chapter 4. Nominations and Elections and Directing Publication of Public Hearing Notice The 2010 Legislative Session made many changes to the Minnesota Election Laws. The Charter Commission discussed, reviewed and recommended amendments to Chapter 4 over the past two years. Their recommendations are set forth below: Recommended Amendments to Chapter 4. Nominations and Elections Section 4.04 is amended to include the Minnesota Election Laws. Section 4.05 is amended to allow the City Clerk (rather than the Council) to determine the number of judges needed during an election cycle for each precinct. The Council would continue to appoint the election judges by resolution as required by state law. Section 4.07 is amended by changing the format of the nomination petition. The petition would now require printed name and birth year, in addition to address and signature. In the past, when verifying petitions, staff has found two individuals having the same name, residing at the same address having different birth years. The change is recommended to have the ability to verify the correct individual signed the petition by verifying the birth year. (This may occur when you have a father and son with the same name but are Sr. or Jr.) Section 4.08 would be added to clarify when write-in candidate names would be counted so it is consistent with federal, state, county and judicial offices. The change would only require individuals who may be running a true "write-in" campaign to provide a letter to the city clerk no later than the 7th day before the primary, general or special municipal election asking that votes for their candidacy be counted. This change would create less confusion for our election judges on election night. They would be provided a list of offices/names that would be tallied. All other names would not be counted or tallied. 1 1 Section 4.09 is renumbered from 4.08 and amends the Canvas Report. The Report would no longer contain information about spoiled or defective ballots, but rather would contain information on the total number of individuals registered at 7:00 a.m. on election day and the total number of individuals registering on election day, in addition to the other required information. Staff recommends a motion adopting a Resolution Scheduling a Public Hearing on an Ordinance Amending the Fridley City Charter, Chapter 4. Nominations and Elections and Directing Publication of Public Hearing Notice. 2 2 RESOLUTION NO. 2013 - A RESOLUTION SCHEDULING A PUBLIC HEARING ON AN ORDINANCE AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 4. NOMINATIONS AND ELECTIONS AND DIRECTING PUBLICATION OF PUBLIC HEARING NOTICE. WHEREAS, the Charter Commission has been reviewing Chapter 4. Nominations and Elections of the City Charter due to changes made by the 2010 Minnesota Legislature to ensure the Charter is consistent with Minnesota Election law; and WHEREAS, Minnesota Statute Section 410.12, Subd. 7 allows that by recommendation of the Charter Commission, the City Council may enact a charter amendment by ordinances; and WHEREAS, within one month of receiving a recommendation to amend the charter by ordinance, the City must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment; and WHEREAS the City Council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby schedules the public hearing on an ordinance amending Chapter 4 of the City Charter on March 25, 2013, at 7:30 p.m. in the Council Chambers of the City Council, 6431 University Avenue NE, Fridley, Minnesota; and BE IT FURTHER RESOLVED that the City Council of the City of Fridley hereby directs the City Clerk to publish the Notice of Public Hearing in the Fridley Sun Focus at least two weeks prior to the public hearing, as shown in Attachment 1. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF FEBRUARY 2013. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk 3 3 Attachment 1 City of Fridley Public Hearing Notice Before the City Council Amendment to City Charter Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue NE on Monday, March 25, 2013 at 7:30 p.m. for the purpose of conducting a public hearing on the following amendment to the City Charter: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER ENTITLED NOMINATIONS AND ELECTIONS The City Council of the city of Fridley hereby finds, after review, examination and recommendation by the Fridley Charter Commission and staff, that the Fridley City Charter be hereby amended as follows: Section 1: That Section 4.04 be hereby amended as follows: Section 4.04. SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections and Minnesota Election Laws. Special elections for vacancies in the City Council shall be held in accordance with provisions of Section 2.06. Section 2: That Section 4.05 be hereby amended as follows: Section 4.05. JLTDGES OF ELECTION. The Council shall at least twenty-five (25) days before each municipal election appoint two (2) eligible voters for each voting precinct to be election judges and one (1) registered voter to be head election judge; or as many election judges as may be determined by the Citv Clerk �. No person signing or circulating a petition of nomination of candidate for election to office or any member of a committee petitioning for a referendum or recall shall be eligible to serve as a judge of such election. Section 3: That Section 4.07 be hereby amended as follows: Section 4.07.NOMINATION PETITIONS. The signatures to the nomination petition need not all be appended to one (1) paper, but to each separate paper there shall be attached a�a notarized affidavit of the circulator thereof stating_ � the number of signers of such paper,� � that each signature appended thereto was made in the circulator's presence, and �3,�that it is the genuine signature of the person whose name it purports to be. With each signature there shall be s�a�ec�the np 'nted name, birth vear, and address n'��° ��'�°�;�°��° of the signer, giving the street and number or other description sufficient to identify the same. The nominee shall indicate by an endorsement upon the petition acceptance of the office if elected thereto. The form of the nomination petition shall be substantially as follows: NOMINATION PETITION We, the undersigned, registered voters of the City of Fridley, hereby nominate , whose residence is , for the office of , to be voted for at the election to be held on the day of , ; and we individually certify that we are registered voters and that we have not signed other nomination petitions of candidates for this office. 4 4 Attachment 1 Printed Name Birth Year Address c*r°°* �ra '`T„m'�°r Si nature , being duly sworn, deposes and says, "I am the circulator of the foregoing petition paper containing signatures and that the signatures appended thereto were made in my presence and are the genuine signatures of the persons whose names they purport to be." Subscribed and sworn to before me this day of , Seal � Notary Public This petition, if found insufficient by the City Clerk, shall be returned to , at � ,�ee�Fridley, MN 554 I hereby indicate my willingness to accept the office of if duly elected thereto. ) Section 4: That Section 4.08 be hereby amended to become Section 4.09 and that new Section 4.08 be hereby enacted as follows: Section 4.08. WRITE-IN CANDIDATES A candidate for anv citv office who wants write-in votes far the candidate to be counted must file a written request with the filin� office for the office sou�ht no later than the seventh (7th) day before the primarv, �eneral or special municipal election. The citv clerk shall provide the form to make the re uest. Section 5: That Section 4.09 be hereby amended as follows: Section 4.0�9. CANVASS OF ELECTIONS AND TAKING OF OFFICE. If more than two candidates filed for office,the Council must meet and canvass the primary election returns on the third calendar day after any primary election. The two candidates for each office who receive the highest number of votes shall be nominees for the office named. Their names shall be certified by the city clerk to the county auditor who shall place them on the municipal general election ballot without partisan designation. The Council shall meet and canvas the general (regular) election or special election returns between the third and tenth calendar days after any regular or special election, shall make full declaration of the results, and file a statement thereof with the City Clerk. Said statement shall be made a part of the minutes. This statement shall include: (a)the total number of ge�e�s votes cast; (h) rh� r�rµL��,....��r �,,;��a a � +� �- >> + ; �e total number of individuals registered �—�3 vrrccr-oi—acr�cca-rc�anvc.r before 7:00 a.m. on election dav and the total number of individuals registerin� on election da�'' (c)the total votes cast for each candidate,with a declaration of those who are elected; (d) a true copy of the ballots used; (e)the names of the judges of election; and (� such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons elected shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing with the City Clerk the required oath of office. Any persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763- 572-3523. 5 5 Attachment 1 Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than Tuesday, March 20, 2013. The TDD number is 763-572-3534. /s/ Debra A. Skogen, City Clerk (Published: March 7, 2013 in the Fridley SunFocus) 6 6 � AGENDA ITEM CITY COUNCIL MEETING OF F p°� February 25, 2013 To: Darin R. Nelson, Interim City Manager j�" From: Debra A. Skogen, City Clerk i� Date: February 21, 2013 ~ Re: A Resolution Scheduling a Public Hearing on an Ordinance Amending the Fridley City Charter, Chapter 5. Initiative Referendum and Recall, and Directing Publication of Public Hearing Notice The 2010 Legislative Session made many changes to the Minnesota Election Laws. Over the past two years, the Charter Commission has discussed, reviewed and recommended amendments to Chapter 5 to make it more consistent with state law and to address the issue of special elections. Their recommendations are set forth below: Recommended Amendments - Chanter 5. Initiative, Referendum and Recall INITIATIVE Section 5.03 - clarifies how to circulate a petition, the requirements of the circulator, and information about when signatures would not be counted if the petition is not correctly notarized. Section 5.05 - increases the percentage from 10% to 15% (so it is the same number needed as the referendum process) and changes the terminology from the number of registered voters to the total votes cast at the last state general election in the City, and adds the birth year to the required information needed on a petition. To create consistency between a charter petition and initiative, referendum and recall petitions, the terminology of votes cast at the last state general election is consistent in state law and in the charter. This is also a number that does not change over time, and a number that can easily be referred to on any given day. The biggest discussion of the Charter Commission was changing the percentage of signatures needed. After a lot of discussion, the Commissioners determined that the numbers would be about the same and would not really change. Section 5.06 creates consistency with State Statute 410.12, Subd. 3 by following the same procedures for charter amendments by petition and initiative referendum or recall petitions. In addition, it would change the terminology from the number of registered voters to total votes cast, as in the Section 5.05 above. 7 1 Section 5.07 - increases the threshold from 15% to 25%that would send the measure to the voters at the next regular municipal election with a specific timeline of July 1 st, and if after July 1 st to send the measure to a special election subject to Minnesota Election Laws, if the Council did not affirm the initiative. Section 5.08 - this change only breaks up a long sentence and really does not change anything. REFERENDUM Section 5.10 - again changes the terminology from number of registered voters to votes cast at the last state general election in the City. Section 5.11 - adds the birth year to the petition so it is consistent with Chapter 4 and Section 5.03 above. Section 5.12 - creates consistency with State Statute 410.12, Subd. 3 by following the same procedures for charter amendments by petition or initiative referendum or recall petitions. In addition, it would change the terminology from number of registered voters to total votes cast, as in several sections above. Section 5.14 removes the number of specific days needed for calling a special election to making it subject to Minnesota Election Law for special elections. It also addresses a timeline of August 1 st of an even year to allow the question to be placed on the general election ballot and the ability to call for a special election if petition received after August 1 st of an even year if the City Council reaffirms the ordinance. RECALL Section 5.17 - changes the terminology from number of registered voters to total votes cast, as in several sections above and adds birth year to the petition for consistency. Section 5.18. - again creates consistency with State Statute 410.12, Subd. 3 by following the same procedures for charter amendments by petition and initiative referendum or recall petitions. In addition, it would change the terminology from the number of registered voters to votes cast as stated above. Section 5.19 - again creates consistencies by removing specific timelines calling for the recall and subjecting this section to Minnesota Election Law. Staff recommends a motion adopting a Resolution Scheduling a Public Hearing on an Ordinance Amending the Fridley City Charter, Chapter 5. Initiative, Referendum, and Recall and Directing Publication of Public Hearing Notice. 8 2 RESOLUTION NO. 2013 - A RESOLUTION SCHEDULING A PUBLIC HEARING ON AN ORDINANCE AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL AND DIRECTING PUBLICATION OF PUBLIC HEARING NOTICE. WHEREAS, the Charter Commission has been reviewing Chapter 5. Initiative, Referendum and Recall of the City Charter due to changes made by the 2010 Minnesota Legislature to ensure the Charter is consistent with Minnesota Election law; and WHEREAS, Minnesota Statute Section 410.12, Subd. 7 allows that by recommendation of the Charter Commission, the City Council may enact a charter amendment by ordinances; and WHEREAS, within one month of receiving a recommendation to amend the charter by ordinance, the City must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment; and WHEREAS the City Council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby schedules the public hearing on an ordinance amending Chapter 5 of the City Charter on March 25, 2013, at 7:30 p.m. in the Council Chambers of the City Council, 6431 University Avenue NE, Fridley, Minnesota; and BE IT FURTHER RESOLVED that the City Council of the City of Fridley hereby directs the City Clerk to publish the Notice of Public Hearing in the Fridley Sun Focus at least two weeks prior to the public hearing, as shown in Attachment 1. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF FEBRUARY 2013. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk 9 3 Attachment 1 City of Fridley Public Hearing Notice Before the City Council Amendment to City Charter Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue NE on Monday, March 25, 2013 at 7:30 p.m. for the purpose of conducting a public hearing on the following amendment to the City Charter: Ordinance No. AN ORDINANCE AMENDING THE FRIDLEY CITY CHARTER, CHAPTER 5. INITIATIVE,REFERENDUM AND RECALL WHEREAS, Minnesota Statute Section 410.12, Subd. 7. allows the Charter to be amended by ordinance upon recommendation of the Charter Commission; and WHEREAS, after review, examination and recommendation by the Fridley Charter Commission, the Fridley City Council hereby ordains that the Fridley City Charter be hereby amended as follows: FRIDLEY CITY CHARTER CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL Section l: That Section 5.03 be hereby amended as follows: Section 5.03. FURTHER REGULATIONS 3. . � ao=e�d--e�e€€ee�-EF�e€-9��''���-?;�4� A petition mav be circulated only b��istered voter of the Citv. A petition may be si_ ne�d b�y registered voter of the City. All the si�natures on any,petition need not be on one (1 si nature paper. The circulator of the petition shall be certified as the circulator of the petition by an attached notarized affidavit which states: (1) that each signature was si�ned in the circulator's presence; (2) the signature is from the person who signed the petition in front of the circulator; (3) that each signer affirmed they were a re�istered voter at the residence stated thereon. An� ng ature paper lacking the notarized affidavit shall be void. If void,the si�natures on that paper shall not be used in the calculation of si�natures needed to fulfill the�etition requirement. Section 2: That Section 5.05 be hereby amended as follows: INITIATIVE Section 5.05. FORM OF PETITION AND OF SIGNATURE PAPERS. The completed petition for the adoption of any ordinance not yet in effect shall consist of the ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by at least � • ° fifteen percent (15%� of the total �:�������������°~°�' T ^+°~^ ^ ^�T^~���^� '�* ^�*'�^* � r votes cast at the last state �eneral election in the City. Each signature paper shall be in substantially the following form: 10 4 Attachment 1 INITIATIVE PETITION Proposing an ordinance to . . . . . . . . . (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. The undersigned registered voters, understanding the terms and the nature of the ordinance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate for their approval. Name (Please Print) Birth Year Address (Please Print) Signature L At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. Section 3: That Section 5.06 be hereby amended as follows: Section 5.06. FILING OF PETITIONS AND ACTION THEREON. Within€i-ve{�ten 10 days after the filing of the completed petition, the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least t� � • ° fifteen percent (15%� of the total �rt�e�-e€-�eg�e�e�oTe�s, �� �� T��„��, ,��-e= #��_votes cast at the last state general election in the CitX. If the City Clerk finds the petition insufficient ar irregular, the City Clerk shall at once notify one (1) or more of the committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given���9�ten 10 days in which to file additional signature papers and to correct the petition in all other particulars with the Citv Clerk. The Citv Clerk shall have five L�ys to verify the sufficiency of the additional si nature pa�ers or corrected petition. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's office and no further action shall be taken. The City Clerk shall notify each member of the committee of that fact. Section 4: That Section 5.07 be hereby amended as follows: Section 5.07. ACTION OF THE COUNCIL ON PETITIONS. When the completed petition is found to be sufficient, the City Clerk shall transmit the initiative petition to the Council at its next meeting, stating the number of petitioners and the percentage of the total number of registered voters which they constitute, and the Council shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in the petition and unsatisfactory to the petitioner, the proposed ordinance shall be submitted by the Council to the electorate at the next regular municipal election; but if the number of signers of the petition is equal to at least ��°°r �°��°�* �,co�� twentv-five percent 25%� of the total �� ���*°r°a ���*°��, votes cast at the last state �eneral election in the Citv and submitted bv July 1 st the Question shall be placed on the next regular municipal election ballot. If it is submitted after July 11 5 Attachment 1 1� the Council shall call a special election upon the measure c„^'� °�°�;�' °'°�*;�� �'��„ '�° �°�a ; � . , t'�° °'°�+�r�*°. subject to Minnesota Election Law. Section 5: That Section 5.08 be hereby amended as follows: Section 5.08 INITIATIVE BALLOTS The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question of adoption. If a majority of those voting on such an ordinance vote in favor of it, it shall thereupon become an ordinance of the City. Any number of proposed ordinances may be voted upon at the same electionl � the voter shall be allowed to vote for or against each separately. In the case of inconsistency between two (2) or more initiative ordinances approved by the voters, the ordinances shall not go into effect until the City Council has had sixty(60) days to resolve the inconsistencies. Section 6: That Section 5.10 be hereby amended as follows: REFERENDUM Section 5.10. THE REFERENDUM. If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent(15%) of the total ��,�:���� ���° -�°a � �*°r� � ��' T��„�M, ,�* ��'*� + votes cast at the last state general election in the Citv request that any such ordinance be repealed or be submitted to a vote of the electors,the ordinance shall thereby be prevented from going into operation. Section 7: That Section 5.11 be hereby amended as follows: Section 5.11. REFERENDUM PETITIONS. Any five (5) registered voters may form a committee for the purpose of petitioning for a referendum as provided in Section 5.03.01. Before circulating any petition, the committee shall file a copy of the proposed referendum petition and a copy of the ordinance proposed to be repealed with the City Clerk along with the names and addresses of inembers of said committee. The committee shall attach a verified copy of the referendum and the ordinance to be repealed to each of the signature papers herein described, along with their names and addresses as sponsors thereof. A verified copy of the ordinance proposed to be repealed to the referendum shall be a copy to which the city clerk has affixed the words: "Proposed Ordinance on File. Fridley City Clerk , Date ." A referendum petition shall read as follows: REFERENDUM PETITION Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters: Name (Please Print) Address (Please Print) 1. 2. 3. 4. 5. 12 6 Attachment 1 The undersigned registered voters, understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its submission to the electorate for their approval or disapproval. Name (Please Print) Birth Year Address (Please Print) Si nature 1. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. Section 8: That Section 5.12 be hereby amended as follows: Section 5.12. FILING OF REFERENDUM PETITIONS 2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE Within €rve-(� ten 10 days after the filing of the completed referendum petition, the City Clerk shall ascertain by examination the number of signatures appended thereto and whether this number is at least fifteen percent (15%) of the total n���'�°r��'�°�-;�*°r°a -,�*�r� ��r�r„�M, ,���*��* a.,�.��.,. .,� ��s��« , � �r����� votes cast at the last state �eneral election in the Citv. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall a�-e�e forthwith notify one (1) or mare of the committee of sponsars of that fact, stating the reasons for the insufficiency or irregularity. The committee shall then be given*'�;,�ten 10 days in which to file additional signature papers and to correct the petition in all other particulars with the Citv Clerk. The City Clerk shall have five (S�days to verify the sufficiencv of the additional signature papers or corrected etp ition. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be filed in the City Clerk's office, no further action shall be taken, and the ordinance will become effective immediately or on the date specified. The City Clerk shall notify each member of the committee of that fact. Section 9: That Section 5.14 be hereby amended as follows: Section 5.14. ACTION OF THE COLINCIL ON REFERENDUM PETITIONS If the referendum petition or amended referendum petition is found to be sufficient, the City Clerk shall transmit the referendum petition to the Council at the next regular Council meeting. The Council shall thereupon reconsider the ordinance and either repeal it or by aye and nay vote re-affirm its adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance by August 1 st of an even vear, the Question shall be placed on the next re�ular municipal election ballot. If approved after August 1 st of an even vear the Council shall immediately order a special election to be held , r='-`r`�r;� „�"'•*+�, a• ++�,° °"' ,.° ,,,,, .,' „',,,,�:,.� subject to Minnesota ...b, �. �� ...., �,.� .,,u���u�� Election Law. Section 10: That Section 5.17 be hereby amended as follows: Section 5.17 RECALL PETITIONS. The petition for the recall of any elected official shall consist of the statement identical with that filed with the City Clerk together with all the signature papers and affidavits thereto attached. Such petition shall not be considered to be complete unless signed by at least twenty five percent (25%) of the total ��um'�°� ��r°h:�*�r�a -,�* �votes cast in the last state �eneral election in the Ward or City represented by the office holder�� �������� ��+ ��*��* �,��� Each signature paper shall be in substantially the following form: RECALL PETITION Proposing the recall of. . . . . . . . . from office as . . . . . . . . which recall is sought for the reasons set forth in the attached statement. This movement is sponsored by the following committee of registered voters: 13 � Attachment 1 Name Address 1. 2. 3. 4. 5. The undersigned registered voters, understanding the nature of the charges against the officer herein sought to be recalled, desire the holding of a recall election far that purpose. Name (Please Print) Birth Year Address (Please Print) Signature 1. At the end of each group of signatures papers shall be appended the affidavit of the circulator mentioned in Section 5.03.03. Section 11: That Section 5.18 be hereby amended as follows: Section. 5.18 FILING OF PETITION. Within thirty (30) days after the filing of the original proposed petition, the committee shall file the completed petition in the Office of the City Clerk. The City Clerk shall examine the petition within the next �i�e-E-�} ten 10 days, and if the City Clerk finds it irregular, or finds that the number of signers is less than twenty-five percent (25%) of the total ���m�°r ��r°�-;�*°r°a ..�*°�� ^�'votes cast in the last state �eneral election in the Ward or City represented by the office holder� ��r�„„�-�, , �+�, the City Clerk shall so notify one (1) or more members of the committee advising the reasons far the insufficiency or irregularity. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement of the grounds upon which the recall is sought. The Citv Clerk shall have five (5) days to verifv the sufficiencv of the additional si nature papers or corrected petition If at the end of that time the City Clerk finds the petition still insufficient or irregular, all the members of the committee shall be notified to that effect and the petition shall be filed in the City Clerk's office. No further action shall be taken thereon. Section 12: That Section 5.19 be hereby amended as follows: Section. 5.19. RECALL ELECTION. If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of a special recall election ��� :��� «:u�. ::�,� ���°° �«' r � *��� � �*• ��n� � , �e subject to Minnesota Election Law. Any persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Deb Skogen, City Clerk at 763- 572-3523. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than Tuesday, March 20, 2013. The TDD number is 763-572-3534. /s/ Debra A. Skogen, City Clerk (Published: March 7, 2013 in the Fridley SunFocus) 14 g � AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25, 2013 arr aF FRIDLEY Appointment Starting Start Name Position SalaN Date Replaces Debra Police $22.28 March 22, Sally Braaten Technician per hour 2013 Swendsen Jaeger 15 ` AGENDA ITEM COUNCIL MEETING OF FEBRUARY 25, 2013 �°F CLAIMS FRIQLEY CLAI MS 158485 - 158639 16 PREPARED 02/21/2013, 13 :12:37 A/P CHECKS BY PERIOD AND YEAR PAGE 1 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00 --------------------------------------------------------------------------------------------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------- ----- -------- ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 02/14/2013 158485 ARCTIC GLACZER INC 1008 293 .14 609-0000-183.00-00 02/08/2013 JAN-MISC 02/2013 165 . 96 609-0000-158.00-00 02/08/2013 JAN-MISC 02/2013 127.18 02/14/2013 158486 ANCHOR PAPER CO 1035 234 . 75 101-0000-138.00-00 O1/15/2013 COPIER PAPER 1035098200 02/2013 157 .28 101-0331-415.42-20 Ol/15/2013 COPIER PAPER 1035098200 02/2013 9.39 101-0440-425.42-20 O1/15/2013 COPIER PAPER 1035098200 02/2013 9 .39 101-0661-435.42-20 Ol/15/2013 COPIER PAPER 1035098200 02/2013 9 .39 101-0669-435.42-20 O1/15/2013 COPIER PAPER 1035098200 02/2013 18. 78 101-0770-455.42-20 Ol/15/2013 COPIER PAPER 1035098200 02/2013 21 . 13 270-0771-455.42-20 Ol/15/2013 COPIER PAPER 1035098200 02/2013 9 .39 02/14/2013 158487 AMUNDSON CIGAR & CANDY CO 1064 1, 912 . 10 609-0000-184 .00-00 02/08/2013 JAN-CIGS 02/2013 1, 912 . 10 02/14/2013 158488 APACHE PRINT INC 1147 576 .30 270-0771-455.43-35 02/OS/2013 SPRING FLING FLYER 44769 02/2013 576 .30 02/14/2013 158489 AMSOIL, INC 1178 790.64 101-0000-142.00-00 O1/11/2013 GEAR LUBE 14653141 02/2013 790.64 � 02/l�(�013 158490 A.N.C.A 1196 30.00 27�0771-455.43-34 02/Ol/2013 WEB EMPLOYMENT AD 20354 02/2013 30 . 00 02/14/2013 158491 ANOKA COUNTY LICENSE CENTER 1214 20 . 75 240-0000-425.42-21 02/07/2013 TITLE FORFEITURE 02/2013 20 . 75 02/14/2013 158492 ANOKA COUNTY COM HEALTH/ENVIRO 1242 315. 00 101-0669-435.43-31 02/06/2013 HAZ WASTE LIC FEES 10003 02/2013 315. 00 02/14/2013 158493 ASTLEFORD INTERNATIONAL TRUCKS 1246 379. 50 101-0668-435.43-40 Ol/11/2013 SUBLET REPAIRS W259269 02/2013 379.50 02/14/2013 158494 ARCHITECTURAL CONSORTIUM, LLC 1288 760.41 609-9100-415.43-30 02/12/2013 ARCHITECTURAL FEES LIQ#1 02/2013 760 .41 02/14/2013 158495 APPRIZE TECHNOLOGY SOLUTIONS, 1294 620 . 00 704-0000-415.43-30 02/O1/2013 ADMIN-EMPLOYEE ENROLLMNT 8068 02/2013 620. 00 02/14/2013 158496 COMMUNITY HEALTH CHARITIES 3227 10. 00 101-0000-219. 08-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 10. 00 02/14/2013 158497 CENTERPOINT ENERGY-MINNEGASCO 3252 2,462 .46 101-0669-435.43-38 02/06/2013 UTILITIES 55703078 02/2013 1, 984.11 270-0771-455.43-38 02/06/2013 UTILITIES 55302905 02/2013 408.39 601-7000-415.43-38 02/06/2013 UTILITIES 55134407 02/2013 69. 96 02/14/2013 158498 CENTURY LINK 3295 1, 100. 02 101-0440-425.43-32 02/O1/2013 PHONE SERVICE E830233 02/2013 113 . 99 PREPARED 02/21/2013, 13 : 12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 2 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00 ------------------------------------------------------------------------------ ----------- ---- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------ ---------------- 101-0333-415.43-32 02/Ol/2013 PHONE SERVICE 5742480 02/2013 37.26 270-0771-455.43-32 02/O1/2013 PHONE SERVICE E127361 02/2013 388 . 05 601-7000-415 .43-32 02/O1/2013 PHONE SERVICE Z010548 02/2013 152 .64 101-0550-425.43-32 02/O1/2013 PHONE SERVICE Z010545 02/2013 297.35 101-0669-435.43-32 02/O1/2013 PHONE SERVICE Z010546 02/2013 110.73 02/14/2013 158499 CENTURY LINK 3295 1, 077.40 101-0110-415.43-32 02/Ol/2013 PHONE SERVICE Z010553 Q2/2013 8 .19 101-0220-415.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 20.48 101-0221-415 .43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 12 .29 101-0331-415.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 49.16 101-0332-415.43-32 02/Ol/2013 PHONE SERVICE Z010553 02/2013 12 .29 101-0333-415.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 36.87 101-0334-415 .43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 12 .29 101-0440-425.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 397.37 101-0441-425.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 40. 97 101-0550-425 .43-32 02J01/2013 PHONE SERVICE Z010553 02/2013 65.55 101-0551-425.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 8.19 101-0660-415.43-32 02/Ol/2013 PHONE SERVICE Z010553 02/2013 135.19 101-0661-435.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 36.87 101-0669-435.43-32 02/Ol/2013 PHONE SERVICE Z010553 02/2013 53 .26 101-0880-465.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 28.68 101 0881-465.43-32 02/Ol/2013 PHONE SERVICE Z010553 02/2013 40.97 10 770-455.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 45.06 10 770-455.43-32 02/O1/2013 PAONE SERVICE Z010553 02/2013 4.10 270-0771-455.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 20.48 601-6000-415.43-32 02/Ol/2013 PHONE SERVICE Z010553 02/2013 8 .19 601-7000-415.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 8 .19 225-0000-415.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 8 .19 227-0000-415.43-32 02/O1/2013 PHONE SERVICE Z010553 02/2013 8 .19 237-0000-415.43-32 02/Ol/2013 PHONE SERVICE Z010553 02/2013 8 .19 101-0000-135.00-00 02/O1/2013 PHONE SERVICE Z010553 02/2013 8.19 02/14/2013 158500 CENTURY LINK 3296 48.08 101-0221-415.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 3 .38 101-0331-415.43-32 02/Ol/2013 LONG DIST CHARGES 1247599747 02/2013 12 .19 101-0332-415.43-32 02/Ol/2013 LONG DIST CHARGES 1247599747 02/2013 3 .42 101-0334-415.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 .10 101-0440-425.43-32 02/Ol/2013 LONG DIST CHARGES 1247599747 02/2013 16 .40 101-0550-425.43-32 02/Ol/2013 LONG DIST CHARGES 1247599747 02/2013 3 .13 101-0669-435.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 .45 101-0880-465.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 .25 101-0881-465.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 3 .71 101-0770-455.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 3 .42 270-0771-455.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 1.46 227-0000-415.43-32 02/O1/2013 LONG DIST CHARGES 1247599747 02/2013 .17 02/14/2013 158501 COMPVIEW, INC 3307 34, 171 .16 225-0000-415.45-40 02/OS/2013 AV SYSTEM INSTALL EST#2 FINAL 13/2012 34, 171.16 02/14/2013 158502 DATA RECOGNITION CORPORATION-D 4124 3, 115.48 601-6000-415.43-32 02/06/2013 POSTAGE 208JAN13 02/2013 132 .57 PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 3 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00 CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT - - ------------------------------------------------------------------------------- 602-6000-415.43-32 02/06/2013 POSTAGE 208JAN13 02/2013 65 .29 601-6000-415.43-35 02/06/2013 METER CARDS 78427 02/2013 934 .72 601-6000-415.43-32 02/06/2013 POSTAGE 206JAN13 02/2013 773 .12 602-6000-415.43-32 02/06/2013 POSTAGE 206JAN13 02/2013 380 .79 601-6000-415.43-35 02/06/2013 WATER STATEMENTS 78448 02/2013 828 . 99 02/14/2013 158503 EMERGENCY MEDICAL PRODUCTS INC 5039 118 .16 240-0000-425.42-25 O1/31/2013 TRAUMA SHEARS 1529600 02/2013 118.16 02/14/2013 158504 EMERGENCY AUTOMOTIVE TECHNOLOG 5073 49.97 101-0000-144.00-00 O1/17/2013 LIGHT BAR LENS CAP AW0117138 02/2013 49. 97 02/14/2013 158505 CITY OF FRIDLEY 6023 80. 98 101-0440-425.42-20 02/12/2013 LABELS PETTY CASH 02/2013 17.79 101-0440-425.42-21 02/12/2013 BAGS-PRESCRIPTION DROP BX PETTY CASH 02/2013 2 .99 101-0440-425.43-37 02/12/2013 TRAINING LUNCH PETTY CASH 02/2013 18.42 101-0550-425.42-21 02/12/2013 PEPPERMINT OIL PETTY CASH 02/2013 7.89 101-0550-425.43-32 02/12/2013 POSTCARD STAMPS PETTY CASH 02/2013 17.82 101-0770-455 .42-21 02/12/2013 SUPPLIES-WINTERFEST PETTY CASH 02/2013 16 .07 02/14/2013 158506 FRIDLEY FIRE RELIEF ASSOC 6088 806 .00 101-0000-219.15-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 775.00 10�0000-219.18-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 31.00 02/1�r�013 158507 FRIDLEY POLICE ASSOCIATION 6117 82 . 00 101-0000-219.22-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 82 . 00 02/14/2013 158508 JILL FITE 6145 75. 00 101-0770-455.43-40 02/OS/2013 CHORES/MORE 02/2013 75. 00 02/14/2013 158509 FLEET PRIDE 6151 45. 70 101-0000-144.00-00 O1/30/2013 VALVE,FITTINGS 52226268 02/2013 45.70 02/14/2013 158510 FIRST ADVANTAGE TALENT MGMT SE 6154 468 . 00 101-0221-415.43-30 02/07/2013 RECRUITMENT CLERICAL TEST 52079 02/2013 468 .00 02/14/2013 158511 GENUINE PARTS CO/NAPA 7014 1, 128 .10 101-0000-144 . 00-00 O1/31/2013 PARTS 19736341 02/2013 545.87 101-0000-143 .00-00 O1/31/2013 BATTERIES 19736341 02/2013 538 .88 101-0669-435.42-22 O1/31/2013 PARTS/SUPPLIES 19736341 02/2013 43 .35 02/14/2013 158512 GENERAL SECURITY SERVICES CORP 7040 125 .48 101-0550-425 .43-40 O1/31/2013 FIRE SYSTEM MONITORING 280749,280750 02/2013 125.48 02/14/2013 158513 HEALTH PARTNERS 8022 951 . 00 101-0550-425.43-30 02/O1/2013 PRE-EMPLOYMT EXAMS 02/2013 654 . 00 101-0666-435.43-30 02/O1/2013 PRE-EMPLOYMT EXAMS 02/2013 297 . 00 02/14/2013 158514 INDEPENDENT SCHOOL DIST #14 9006 14, 555.78 101-0770-455.42-21 02/OS/2013 INSTALL CABINET LOCKS 4197 02/2013 73 .08 PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 4 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00 ---------------------------------------------------------------------CHECK-- CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ----------------- ------------------------------------------------------------------ 101-0770-455.43-50 02/07/2013 BUILDING USAGE 4195 02/2013 13, 695. 74 101-0770-455.43-40 02/07/2013 SEC ALARM 4195 02/2013 336 .52 101-0770-455.43-40 02/07/2013 AIR QLTY,ELEVATOR MAINT 4195 02/2013 258 .16 101-0770-455 .43-32 02/07/2013 PHONE SERVICE 4195 02/2013 110 .32 101-0770-455.43-32 02/07/2013 PHONE SERVICE 4195 02/2013 54.38 101-0770-455.43-32 02/07/2013 PHONE SERVICE 4195 02/2013 27.58 02/14J2013 158515 INDUSTRIAL DOOR CO INC 9015 176 .01 101-0669-435.43-40 O1/23/2013 GARAGE DOOR REPAIRS D248962 02/2013 176 . 01 02/14/2013 158516 IPHOUSE INTERNET 9047 180. 00 101-0333-415.43-32 02/06/2013 WEB HOSTING 631087 02/2013 180. 00 02/14/2013 158517 INTERSTATE ALL BATTERY CENTER 9073 31.37 101-0440-425.42-21 02/06/2013 BATTERIES 02/2013 31.37 02/14/2013 158518 LAWRENCE SIGN 12012 7, 950.00 609-9100-415.45-60 02/OS/2013 FRIDLEY LIQ SIGN DEPOSIT 175556D 02/2013 7, 950.00 02/14/2013 158519 LENZMEIER, DAVID 12019 50 . 00 101-0770-455.43-40 02/04/2013 CHORES/MORE 02/2013 50 . 00 02/1�013 158520 LEAGUE OF MN CITIES INS TRUST 12082 388. 99 70 000-415.43-30 02/Ol/2013 DEDUCTIBLE C0017174 02/2013 388. 99 02/14/2013 158521 MINNESOTA BOLT & NUT CO 13002 422 .72 101-0669-435.42-22 O1/11/2013 NUTS,WASHERS,BOLTS 19060 02/2013 422 .72 02/14/2013 158522 MINN POLLUTION CONTROL AGENCY- 13071 1, 230 . 00 601-7000-415.43-31 02/06/2013 LOCKE PRK WTP PERMIT FEE 02/2013 1,230. 00 02/14/2013 158523 MINN POLLUTION CONTROL AGENCY- 13071 23 . 00 602-7000-415.43-31 02/12/2013 WASTEWATER CERT RENEWAL KOTTSICK 02/2013 23 . 00 02/14/2013 158524 MINN RECREATION & PARK ASSOC - 13093 100. 00 270-0771-455.43-34 02/O1/2013 JOB POSTING-NC DIRECTOR 7637 02/2013 100. 00 02/14/2013 158525 MINN DEPT OF REVENUE 13105 296 .00 101-0000-219.20-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 296 .00 02/14/2013 158526 MINN DEPT OF PUBLIC SAFETY-B.0 13111 250.00 101-0440-425.43-37 02/O1/2013 CERTIFICATION-MZCKELSON 646 02/2013 250.00 02/14/2013 158527 MINN CHIEFS OF POLICE ASSOC 13197 1, 020 . 00 101-0440-425 .43-37 02/11/2013 REGISTRATIONS 02/2013 1, 020. 00 02/14/2013 158528 M.R.W.A-MINN RUAL WATER ASSOC 13234 440.00 601-7000-415.43-37 02/07/2013 REGISTRATIONS-TECHNICAL 02/2013 440 . 00 02/14/2013 158529 MENARDS - FRIDLEY 13256 84 .56 101-0668-435.42-22 02/06/2013 MAILBOX POST MOUNT 20884 02/2013 64 .24 PREPARED 02/21/2013, 13 : 12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 5 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00 ------------------------ - ----------------------------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ACCOUNT # TRN DATE DESCRIPTION s INVOICE PO # PER/YEAR TRN AMOUNT ---------------------------------------------------------------------- ----------------------- 101-0668-435.42-22 02/OS/2013 MAILBOX 20806 02/2013 20 .32 02/14/2013 158530 THOMAS MURDOCK 13347 160.00 101-0550-425.43-40 02/12/2013 HAZMAT CLASS 02/2013 160.00 02/14/2013 158531 NATL RECREATION & PARK ASSOC 14061 150.00 101-0770-455.43-31 02/OS/2013 MEMBERSHZP 12509 02/2013 150.00 02/14/2013 158532 NORTHERN TOOL & EQUIP 14094 2� 2� 101-0669-435.42-22 02/O1/2013 DUCT TAPE,ORGANIZER 4042059823 02/2013 27.20 02/14/2013 158533 NETWORK MEDICS, INC 14157 25. 00 101-0440-425.43-40 02/OS/2013 DOMAIN RENEWAL 2967 02/2013 25 . 00 02/14/2013 158534 NEW PARADIGM FITNESS 14182 324 . 00 101-0770-455.43-40 02/06/2013 FITNESS CLASS 02/2013 324. 00 02/14/2013 158535 OPEN YOUR HEART 15011 30. 00 101-0000-219. 08-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 30.00 02/14/2013 158536 ODLAND PROTECTIVE COATING, INC 15063 23, 650 . 00 601-7500-415.45-30 02/11/2013 WATER TOWER REHAP EST#2 FINAL 13/2012 23, 650 . 00 02/1�013 158537 PRINTMASTER PRINTING 16060 122 .23 10 331-415.43-35 02/07/2013 BUSINESS CARDS 37459 02/2013 122 .23 02/14/2013 158538 PERFECT 10 CAR WASH 16062 83 . 80 101-0440-425 .43-40 02/11/2013 JAN CARWASHES 02/2013 83 . 80 02/14/2013 158539 PUBLIC AGENCY TRAINING COUNCIL 16175 295. 00 101-0440-425.43-37 02/07/2013 REGISTRATION-FOXX 162131 02/2013 295. 00 02/14/2013 158540 PERFECT 10 CARWASH EXPRESS 16200 104 . 00 101-0440-425.43-40 02/11/2013 JAN CAR WASHES 02/2013 104 . 00 02/14/2013 158541 RUFFRIDGE-JOHNSON EQUZP CO INC 18020 224 .83 101-0000-144 . 00-00 O1/10/2013 SWITCH C62562 02/2013 224 .83 02/14/2013 158542 S & T OFFZCE PRODUCTS 19039 157 . 04 101-0440-425.42-20 O1/31/2013 OFFICE SUPPLIES 02/2013 116 .45 101-0440-425.42-21 O1/31/2013 SUPPLIES 02/2013 40. 59 02/14/2013 158543 STREICHER'S 19050 2, 548 .29 101-0440-425.42-17 O1/21/2013 UNIFORMS 992614 02/2013 99 . 98 101-0440-425.42-17 O1/17/2013 UNIFORMS 992891, 993519 02/2013 137 . 98 101-0440-425.42-17 O1/24/2013 UNIFORMS 993856 02/2013 169. 98 101-0440-425.42-17 O1/31/2013 UNIFORMS 996010, 994386 02/2013 77 . 99 101-0440-425.42-17 O1/30/2013 UNIFORMS 995662 02/2013 34 . 99 101-0440-425.42-17 O1/09/2013 UNIFORMS 989349 02/2013 105 . 85 101-0440-425.42-17 O1/10/2013 UNIFORMS 989687 02/2013 86 . 03 PREPARED 02/21/2013, 13 :12:37 A/P CHECKS BY PERIOD AND YEAR PAGE 6 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00 ---- ------------ ----------------- --------------- -------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ---------------------------- --------------------------------------- ------------------- ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT 101-0440-425.42-17 O1/17/2013 UNIFORMS 990563, 991808 02/2013 136 . 80 101-0440-425.42-17 O1/15/2013 UNIFORMS 990980, 993086 02/2013 82 .54 101-0440-425.42-17 O1/17/2013 UNIFORMS 991614 02/2013 100. 00 101-0440-425 .42-22 02/OS/2013 REFLECTOR 997272 02/2013 21.36 101-0440-425.42-21 Ol/16/2013 PATCHES 991517 02/2013 22.41 101-0440-425.42-21 O1/11/2013 COMMENDATION MEDALS 989848 02/2013 269.83 101-0440-425.42-21 O1/11/2013 BATTERY 989931 02/2013 21 .36 240-0000-425.42-25 O1/11/2013 SWITCH,HANDGUARD 990002 02/2013 799. 92 101-0441-425.42-17 Ol/08/2013 UNIFORMS 989777, 993088 02/2013 98 . 91 101-0441-425 .42-17 O1/OS/2013 UNIFORMS 990313, 993087 02/2013 99. 91 101-0441-425.42-17 O1/23/2013 UNIFORMS 993731, 991539 02/2013 58. 92 101-0441-425.42-17 O1/17/2013 UNIFORMS 991743, 991568 02/2013 114 . 99 101-0441-425.42-17 Ol/24/2013 UNIFORMS 994000 02/2013 8. 54 02/14/2013 158544 SUBURBAN TIRE WHOLSALE, INC 19229 141. 14 101-0000-143 .00-00 Ol/28/2013 TIRES 10115306 02/2013 141. 14 02/14/2013 158545 SHARROW LIFTING PRODUCTS 19264 725. 00 101-0669-435.43-40 02/06/2013 CRANE & HOIST INSPECTION 57471 02/2013 725.00 02/14/2013 158546 STERICYCLE 19323 187. 14 101-0440-425.43-40 02/Ol/2013 HAZ WASTE REMOVAL 4003921456 02/2013 187 .14 02/1�013 158547 SHI INTERNATIONAL CORP 19328 244 .74 70 000-415.42-21 02/04/2013 ADOBE LICENSE B00931890 02/2013 244 .74 02/14/2013 158548 STANDARD SPRING PARTS 19333 224 . 85 101-0000-144 . 00-00 O1/28/2013 AIR SPRING 343844 02/2013 224 .85 02/14/2013 158549 STANTEC CONSULTING SERVICE, IN 19362 4,217 .97 408-0005-415.43-30 O1/07/2013 DEC ENG SERV-ROOF PROJ 652814 13/2012 4, 217. 97 02/14/2013 158550 TERRY OVERACKER PLUMBING 20029 120. 00 101-0880-465.43-40 02/08/2013 PLUMBING INSPECTIONS 37013 02/2013 120. 00 02/14/2013 158551 TASER INTERNATIONAL 20042 412 .45 101-0440-425.42-21 02/O1/2013 BATTERY PACKS SI131835 02/2013 412 .45 101-0440-425.42-21 02/O1/2013 MN USE TAX EXPENSE 412 .45 SI131835 02/2013 28 .36 101-0000-203.01-00 02/Ol/2013 MN USE TAX PAYABLE 412 .45 SI131835 02/2013 28 .36- 02/14/2013 158552 TOLL GAS & WELDING SUPPLY 20057 88 .44 101-0669-435.42-22 Ol/30/2013 COMPRESSED GAS 125103 02/2013 88 .44 02/14/2013 158553 TOUSLEY FORD COLLISION & GLASS 20152 . 00 101-0000-144.00-00 O1/22/2013 PARTS 02/2013 238 .25 101-0000-144 .00-00 02/20/2013 PARTS 02/2013 238 .25- 02/14/2013 158554 TOXALERT INTERNATIONAL 20174 235 .50 101-0669-435.43-40 O1/18/2013 MONITORS 16059 02/2013 235 .50 02/14/2013 158555 UNZTED WAY 21035 25 . 00 101-OU00-219.08-00 02/15/2013 PAYROLL SUMMARY 20130215 02/2013 25 . 00 PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 7 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00 -- ----------------------- ------- --------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT --- -------------------------------------------------------------------------------------- ACCOUNT # TRN DATE DESCRIPTION ZNVOICE PO # PER/YEAR TRN AMOUNT 02/14/2013 158556 WEST GOVT SERVICES 23054 133 . 18 101-0440-425.43-40 02/11/2013 JAN INFO CHARGES 826578064 02/2013 133 .18 02/14/2013 158557 XCEL ENERGY 24002 5, 981.76 101-0550-425.43-38 02/OS/2013 UTILITIES 356677802 02/2013 53 .70 101-0440-425.43-38 02/07/2013 UTILITIES 357050130 02/2013 1, 050.89 101-0666-435.43-38 02/07/2013 UTILITIES 356704836 02/2013 11.62 609-9200-415.43-38 02/07/2013 UTILITIES 356879289 02/2013 941.56 101-0660-415.43-38 02/07/2013 UTILITIES 356856389 02/2013 3, 923 . 99 02/14/2013 158558 ZEP MANUFACTURING CO 26005 121.60 101-0550-425.42-21 O1/04/2013 ZEP HAND SOAP 9000044435 02/2013 121.60 02/14/2013 158559 ONE WAY BUILDING SERVICE, INC 2013560 178.60 101-0000-322.10-41 02/07/2013 BUIDING PERMIT REFUND 02/2013 178.60 02/21/2013 158560 ANOKA COUNTY HIGHWAY DEPARTMEN 1023 150. 00 573-0000-435.43-31 02/19/2013 PERMIT FEES 13-005 02/2013 150. 00 02/21/2013 158561 AIR AUTOMATION ENGINEERING 1030 212 .04 601-7000-415.42-22 O1/29/2013 BRASS FITTINGS 5139037 02/2013 33 .12 60�7000-415.42-22 02/12/2013 VALVES 5139694, 5139691 02/2013 178 . 92 02/2�2013 158562 ANOKA COUNTY TREASURER 1048 5, 760.18 101-0665-435.43-40 02/12/2013 4TH QUARTER SIGNAL MAINT 225436 13/2012 5, 760. 18 02/21/2013 158563 ALLIED WASTE SERVICES #899 1082 21, 575.35 237-0000-415.43-40 O1/31/2013 JAN RECYCLING CHARGES 0899002213062 02/2013 21, 575.35 02/21/2013 158564 ALLIANZ LIFE INSURANCE CO 1090 757 .76 101-0550-425.41-33 02/12/2013 PREMIUMS 3666 02/2013 757 .76 02/21/2013 158565 ASPEN MILLS INC 1161 529 .64 101-0550-425.42-17 02/14/2013 UNIFORMS 131729, 13730 02/2013 529.64 02/21/2013 158566 ADVANTAGE SIGNS & GRAPHICS INC 1199 2, 526.64 101-0668-435.42-22 02/20/2013 NO PARKING SIGNS 19712 02/2013 125 .58 101-0668-435.42-22 02/20/2013 SIGN SUPPLIES 669, 679, 677 02/2013 1, 812 . 18 101-0668-435.42-22 02/06/2013 SIGNS 19686 02/2013 588 . 88 02/21/2013 158567 A.W.W.A. - MINN SECTION 1203 135. 00 601-7000-415.43-37 02/19/2013 REGISTRAION WATER SYS OPR BULMAN 02/2013 135. 00 02/21/2013 158568 ACE SOLID WASTE, INC 1241 168 .50 101-0660-415.43-40 02/O1/2013 REFUSE HAULING 10137025 02/2013 168 . 50 02/21/2013 158569 ANCOM TECHNICAL CENTER 1256 107 . 00 101-0550-425.43-40 02/15/2013 RADIO TECHNICAL SERVZCE 35600 02/2013 107. 00 02/21/2013 158570 ALBRECHT SIGN & GRAPHICS, INC 1285 10. 72 101-0441-425.42-21 02/20/2013 RESERVE OFFICER SIGN 20353 02/2013 10 . 72 PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 8 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00 -------- ------------------------------------ ------------------------------- --------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------ ---------------- ' ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT 02/21/2013 158571 AMBASSADOR COMMUNICATIONS CORP 1289 360. 00 609-9100-415.43-34 02/14/2013 ADVERTISING 23531624 02/2013 360. 00 02/21/2013 158572 A.D.F COMMUNICATIONS & SECURIT 1299 3, 150 .00 609-9100-415.43-40 02/18/2013 PHONE DATA SPEAKER CABLE 3766 02/2013 2, 315 . 00 609-9100-415.43-41 02/19/2013 LIFT RENTAL 3767 02/2013 835 . 00 02/21/2013 158573 BARTON SAND & GRAVEL CO 2005 2, 649. 01 601-7000-415.42-22 O1/31/2013 WASH SAND,CLASS 5 02/2013 1, 688.45 101-0668-435.42-22 02/15/2013 WASH SAND 02/2013 401.68 601-7000-415.42-22 02/15/2013 WASH SAND 02/2013 558 .88 02/21/2013 158574 BOLTON & MENK, INC 2046 667 . 00 571-0000-435.43-30 02/19/2013 MAIN STR PLAN REVIEW 02/2013 166 .50 571-0000-435.43-30 02/19/2013 SAFE ROUTES PLAN REVIEWS 02/2013 500.50 02/21/2013 158575 CRYSTEEL DISTRIBUTION INC 3004 324 . 90 101-0000-144 .00-00 02/13/2013 PLOW CYLINDER FP149683 02/2013 148 .56 101-0000-144 . 00-00 02/08/2013 CUTTING EDGE FP149538 02/2013 176. 34 02/21/2013 158576 CARQUEST AUTO PARTS 3005 5. 08 l0i'0550-425.42-22 02/20/2013 SPARK PLUG 2589338743 02/2013 5.08 IV 02/2�013 158577 CULLIGAN 3067 461 .65 601-7000-415.43-41 Ol/31/2013 SOFTENER RENTAL 100X04070004 02/2013 126 .45 601-7000-415.42-22 O1/31/2013 SALT 100X04070004 02/2013 335 .20 02/21/2013 158578 CITY OF COON RAPIDS 3122 2, 638. 62 572-0000-435.43-40 O1/07/2013 2012 SEALCOATING 10213 13/2012 2, 638.62 02/21/2013 158579 CUB STORE INC-NEW BRIGHTON STO 3126 125.00 101-0770-455.42-21 02/11/2013 MARDI GRAS SUPPLIES 02/2013 125.00 02/21/2013 158580 COMO LUBE & SUPPLIES INC 3129 204 .97 101-0669-435.43-40 02/06/2013 PARTS WASHER SERV,RECYCLE 540844 02/2013 204. 97 02/21/2013 158581 COMCAST CABLE 3157 216. 90 101-0333-415.43-32 02/13/2013 INTERNET CHARGES 0272773 02/2013 216. 90 02/21/2013 158582 CONTINENTAL RESEARCH CORP 3159 220.37 101-0668-435.42-17 02/07/2013 INSULATED GLOVES 382391CRC1 02/2013 220.37 02/21/2013 158583 CENTERPOINT ENERGY-MINNEGASCO 3252 8, 532.69 601-7000-415.43-38 02/12/2013 UTILITIES 80000141624 02/2013 3, 016.51 101-0669-435.43-38 02/12/2013 UTZLITIES 80000141533 02/2013 157. 01 609-9200-415.43-38 02/12/2013 UTILITIES 80000141533 02/2013 322 .71 101-0660-415.43-38 02/12/2013 UTILITIES 80000141491 02/2013 3,495.56 101-0666-435.43-38 02/12/2013 UTILITIES 80000141582 02/2013 804 .42 101-0550-425.43-38 02/12/2013 UTILITIES 80000141459 02/2013 736 .48 PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 9 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00 --------------------------------------------------------------------------------- ---------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------ -------------------- ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT 02/21/2013 158584 CENTURY LINK 3295 35.77 270-0771-455.43-32 02/10/2013 PAONE SERVICE 7848676 02/2013 35.77 02/21/2013 158585 CARVELLI DRAIN SERVICE & PLUMB 3310 150.70 101-0669-435.43-40 02/11/2013 PLUMBING REPAIRS-RESTROOM 02/2013 150.70 02/21/2013 158586 DELTA DENTAL PLAN OF MINNESOTA 4093 6, 751.85 101-0000-219.11-00 02/19/2013 MARCH PREMIUMS 5062273 02/2013 6, 582 .85 101-0000-135.00-00 02/19/2013 MARCH PREMIUMS 5062273 02/2013 125.00 704-0000-415.41-32 02/19/2013 MARCH PREMIUMS 5062273 02/2013 44 .00 02/21/2013 158587 DAMA METAL PRODUCTS INC 4114 185.33 101-0550-425.42-21 02/12/2013 KEY BOX 12814 02/2013 185.33 02/21/2013 158588 DEFORGES PLUMBING 4147 22g Sg 101-0660-415.43-40 O1/30/2013 INSTALL FAUCET-KITCHEN 1247 02/2013 229.58 02/21/2013 158589 FOTH INFRASTRUCTURE & ENVIROME 6028 722 .30 602-7000-415 .43-30 02/11/2013 INFILTRATION/INFLOW SERV 32552 02/2013 623 .40 602-7000-415.43-30 O1/17/2013 INFILTRATION/INFLOW SERV 31806 02/2013 98 . 90 02/2�,�2013 158590 FLAT ROCK GEOGRAPHICS 6144 840.00 60�v7000-415.43-40 02/04/2013 MAPPING & DATA COLLECTION 02/2013 280.00 60��7000-415 .43-40 02/04/2013 MAPPING & DATA COLLECTION 02/2013 280 .00 603-7000-415.43-40 02/04/2013 MAPPING & DATA COLLECTION 629 02/2013 280 . 00 02/21/2013 158591 FLEET PRIDE 6151 104.12 101-0000-144 .00-00 02/12/2013 SOLENOID VALVE 52444127 02/2013 104.12 02/21/2013 158592 GENESIS EMPLOYEE BENEFITS 7162 988.50 704-0000-415.43-30 02/12/2013 JAN ADM VEBA,HSA, FLEX SPD 17597 02/2013 988 .50 02/21/2013 158593 I.P.M.A. - INTL PUBLIC MGMT AS 9031 340.00 101-0550-425.42-21 02/12/2013 PRE-EMPLOYMT TEST BOOKS 24186810 02/2013 340. 00 02/21/2013 158594 INTERSTATE ALL BATTERY CENTER 9073 19.23 101-0440-425 .42-21 02/12/2013 BATTERIES 052141 02/2013 19.23 02/21/2013 158595 INTL CODE COUNCIL, INC 9083 125. 00 101-0880-465.43-31 02/15/2013 MEMBERSHIP 2932897 02/2013 125.00 02/21/2013 158596 JANI-KING OF MINNESOTA, INC 10056 2, 859.74 101-0660-415.43-40 02/O1/2013 FEB CLEANING FEES MIN02130387 02/2013 2, 859.74 02/21/2013 158597 KILLMER ELECTRIC CO INC 11034 510 .28 101-0666-435.43-40 Ol/31/2013 REPAIR BREAKER PLUG 75570 02/2013 240.28 603-7000-415.43-40 O1/30/2013 LIFT STA STARTER REPAIRS 75496 02/2013 270 . 00 02/21/2013 158598 LOFFLER COMPANIES, INC 12143 62g_�2 101-0333-415.43-40 02/07/2013 PRZNTER MAINT 1524183 02/2013 629.72 PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERZOD AND YEAR PAGE 10 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00 ---------------- ----------------------------------------'-------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT -- ----------- -- --- ----------------------------- ----------------- ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT 02/21/2013 158599 MAC QUEEN EQUIPMENT INC 13006 8, 635.50 101-0668-435.45-40 Ol/17/2013 SO" TRACKLESS BLOWER V797 1130051 02/2013 8, 635 . 50 02/21/2013 158600 METROPOLITAN COUNCIL 13020 298, 009.31 602-7000-415.43-38 02/07/2013 MARCH WASTEWATER SERVICE 1008776 02/2013 298, 009.31 02/21/2013 158601 MEDICA 13042 72, 745. 73 101-0000-219.10-01 02/19/2013 MARCH PREMIUMS C0030471537 02/2013 69,463 .04 704-0000-415.41-31 02/19/2013 MARCH PREMIUMS C0030471537 02/2013 1, 611. 10 101-0000-135.00-00 02/19/2013 MARCH PREMIUMS C0030471537 02/2013 1, 671 . 59 02/21/2013 158602 MINN POLLUTION CONTROL AGENCY- 13071 Zgg . �6 101-0669-435.43-31 02/O1/2013 HAZ WASTE ANNUAL FEE 2200088001 02/2013 288.76 02/21/2013 158603 METRO FIRE 13128 480.25 101-0550-425.42-17 02/11/2013 NGHTFIGHTER HUD-SCBA MASK 46395 02/2013 480.25 02/21/2013 158604 MINNESOTA G.F.O.A. 13191 180. 00 101-0331-415.43-31 02/15/2013 MEMBERSHIPS 841,844, 907 02/2013 180. 00 02/21/2013 158605 MINN CHIEFS OF POLICE ASSOC 13197 117 .46 10�440-425.42-21 02/11/2013 PERMIT FORMS 3701 02/2013 117.46 02/2�2013 158606 MINNESOTA ELEVATOR INC 13236 139.72 101-0660-415.43-40 02/O1/2013 FEB ELEVATOR MAINT FEE 267195 02/2013 139.72 02/21/2013 158607 MENARDS - FRIDLEY 13256 100. 64 601-7000-415.42-25 02/12/2013 WATER BRK TRAILER TOOLS 21483 02/2013 100. 64 02/21/2013 158608 MINNEAPOLIS SAW INC 13290 75. 00 101-0668-435.43-40 02/15/2013 SAW BLADE SHARPENING 29551 02/2013 75. 00 02/21/2013 158609 NORTH AMERICAN SALT CO 14037 15,442. 12 101-0668-435.42-22 02/OS/2013 ROAD SALT 70938318 02/2013 15,442 . 12 02/21/2013 158610 SPRINT-NEXTEL COMMUNICATIONS 14083 69 . 06 101-0440-425.43-32 02/18/2013 CELL PHONE FINAL BILL 435648229116 02/2013 50.46 101-0550-425.43-32 02/18/2013 CELL PHONE 435648229116 02/2013 18.60 02/21/2013 158611 N.A.S.R.O. -NATL ASSOC OF SCHOO 14098 990.00 101-0440-425.43-37 02/11/2013 RESOURCE OFFICER TRAINING 10923IL, 10961MN 02/2013 990. 00 02/21/2013 158612 NETWORK MEDICS, INC 14157 24, 000. 00 101-0440-425.43-30 02/12/2013 NEW SQUAD MAINT 2999 02/2013 24, 000. 00 02/21/2013 158613 ON SITE SANITATION 15035 403 . 98 101-0666-435.43-41 02/12/2013 PORTABLE RESTROOMS 02/2013 403 . 98 02/21/2013 158614 PRINTMASTER PRINTING 16060 45.27 101-0110-415.42-20 02/07/2013 NAME PLATE 37458 02/2013 45.27 PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 11 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00 ---------------------------- ----------------- ---- -------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDO'R # AMOUNT ----- ---------- ---- ---- ---- ----------------- ------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT 02/21/2013 158615 PETCO 16146 205 .63 101-0440-425.42-21 02/11/2013 K-9 SUPPLIES OA045843 02/2013 205.63 02/21/2013 158616 PERFECT 10 CARWASH EXPRESS 16200 5.00 601-7000-415 .43-40 O1/31/2013 CAR WASH 02/2013 5.00 02/21/2013 158617 PET FOOD ETC 16201 5. 53 270-0771-455.42-21 02/11/2013 PET SUPPLIES 02/2013 5.53 02/21/2013 158618 QUALITY REFRIGERATION SERVICE 17002 270. 00 609-9200-415.43-40 Ol/31/2013 FEB MAINT 02/2013 270. 00 02/21/2013 158619 TARA ROGNESS 18042 112 .40 270-0771-455.42-21 02/11/2013 REIMB ANIMAL SUPPLIES 02/2013 83 . 96 270-0771-455 .42-21 02/11/2013 REIMB SUPPLIES 02/2013 28 .44 02/21/2013 158620 SEARS COMMERCIAL CREDIT 19017 396.35 101-0550-425.42-25 02/10/2013 DRYER FOR FIRE DEPT T900628 02/2013 396.35 02/21/2013 158621 SUPERIOR PEST MANAGEMENT 19057 50.23 101-0660-415 .43-40 O1/OS/2013 PEST CONTROL 144 02/2013 50.23 02/2�013 158622 STANDARD INSURANCE COMPANY 19063 5, 534 .28 10 000-219. 12-00 02/19/2013 FEB PREMIUMS 643900 02/2013 2, 669. 94 101-0000-135. 00-00 02/19/2013 FEB PREMIUMS 643900 02/2013 54 .00 101-0000-219.23-00 02/19/2013 FEB PREMIUMS 643900 02/2013 2, 777.58 101-0000-135. 00-00 02/19/2013 FEB PREMIUMS 643900 02/2013 32 . 76 02/21/2013 158623 SCHMIT TOWING, INC 19202 84 .00 601-7000-415.43-40 O1/31/2013 WATER MAIN BRK TOW 9415 02/2013 84 . 00 02/21/2013 158624 SUN NEWSPAPERS 19325 355. 85 101-0881-465.43-34 02/14/2013 LEGAL NOTICES 1422557-1422559 02/2013 277. 95 603-7000-415.43-34 02/14/2013 LEGAL NOTICES 1422556 02/2013 77. 90 02/21/2013 158625 SHRED RIGHT 19359 141 .44 101-0660-415.43-40 02/04/2013 SHREDDING SERVICE 143765 02/2013 141 .44 02/21/2013 158626 T.M. CONSTRUCTION & SECURITY 20013 5, 000 . 00 609-9100-415.43-40 02/14/2013 SECURITY CAMERA SYSTEM 103045 02/2013 5, 000. 00 02/21/2013 158627 TEN THOUSAND LAKES CHAPTER OF 20035 210 . 00 101-0880-465.43-37 02/20/2013 REGISTRATION-JULKOWSKI 02/2013 210. 00 02/21/2013 158628 TOSHIBA BUSINESS SOLUTIONS 20060 17.70 101-0669-435.43-35 02/07/2013 PRINTER MAINT 9793369 02/2013 17.70 02/21/2013 158629 TOUSLEY FORD, INC 20101 238 .25 101-0000-144 . 00-00 02/20/2013 PARTS 02/2013 238 .25 PREPARED 02/21/2013, 13 :12 :37 A/P CHECKS BY PERIOD AND YEAR PAGE 12 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/11/2013 TO 02/22/2013 BANK CODE 00 ----------------- --- ------- ------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------- ---------------------------- ------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT 02/21/2013 158630 TEE JAY NORTH, INC 20107 154 .52 101-0660-415 .43-40 02/OS/2013 HANDICAP DOOR REPAIRS 19163 02/2013 154 .52 02/21/2013 158631 TOTAL COMPLIANCE SOLUTIONS, IN 20163 10. 00 101-0666-435.43-30 02/07/2013 PRE EMPLOYMENT TEST 33454 02/2013 10. 00 02/21/2013 158632 MARY THELL 20171 36.36 101-0440-425.42-21 02/12/2013 REIMB SUPPLIES 02/2013 36.36 02/21/2013 158633 VALLEY-RICH CO INC 22006 5, 903 .53 601-7000-415.43-40 O1/24/2013 REPAIR WTR MAIN BREAK 18471, 18477 02/2013 5, 801.84 601-7000-415.43-40 O1/24/2013 REPAIR WTR MAIN BREAK 18485 02/2013 101.69 02/21/2013 158634 VERIZON WIRELESS 22050 78. 06 101-0550-425.43-32 02/03/2013 WIRELESS SERVICE 2867056991 02/2013 78. 06 02/21/2013 158635 WAL-MART COMMUNITY/GEMB 23024 254.27 270-0771-455.42-21 02/16/2013 PROGRAM SUPPLIES 02/2013 33 .78 270-0771-455.42-21 02/16/2013 PROGRAM SUPPLIES 02/2013 42 .20 270-0771-455.42-20 02/16/2013 OFFICE SUPPLIES 02/2013 124 .46 101-0770-455.42-21 02/16/2013 WINTERFEST SUPPLIES 02/2013 53 .83 02/2�013 158636 WATER CONSERVATION SERVICE, IN 23059 1, 175.60 60�7000-415.43-40 02/04/2013 LEAK LOCATES 3713 02/2013 1, 175.60 02/21/2013 158637 WALTERS RECYCLING & REFUSE SER 23088 382 .34 101-0669-435.43-40 02/10/2013 REFIISE HAULING 02/2013 278 .87 270-0771-455.43-40 02/10/2013 REFUSE HAULING 02/2013 103 .47 02/21/2013 158638 XCEL ENERGY 24002 13, 646 .35 101-0669-435.43-38 02/14/2013 UTILITIES 357943407 02/2013 1,512 .49 601-7000-415.43-38 02/14/2013 UTILITIES 357422297 02/2013 12, 133 .86 02/21/2013 158639 YOCUM OIL COMPANY 25015 15, 155 . 92 101-0000-141. 00-00 02/12/2013 FUEL 540614 02/2013 11,312 . 92 101-0000-141 . 00-00 02/12/2013 FUEL 540221 02/2013 3, 843 . 00 DATE RANGE TOTAL * 657, 112 .32 * � AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25, 2013 �°F LICENSES FRIDLEY TYPE OF LICENSE: APPLICANT: APPROVED BY: LAWFUL GAMBLING FRIDLEY HISTORICAL CITY CLERK SOCIETY MARY S. MEYERS PUBLIC SAFETY SOLICITOR/PEDDLER CUSTOM REMODLERS INC. PUBLIC SAFETY AARON M.ROUBIK-CANNON, JONATHAN M. TALBOT, TYLE T. FOHRENKAMM, JACOB TALBOT, JASMIN RUIZ 29 � AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25, 2013 F�O� LICENSES Contractor T e A licant A roved B An hin Plumbin &Heatin LLC Gas Matt Grabau Ron Julkowski, CBO Burnsville Heatin &Air Conditionin Heatin Alan Dobson Ron Julkowski, CBO Central Roofin Com an Commercial or S ecial Warren Stock Ron Julkowski, CBO Electro Neon &Desi n Inc Si n Erector Michael Ziertman Ron Julkowski, CBO GR Danielson & Son Construction Co Heatin Mark Bowen Ron Julkowski, CBO NAC Mechanical &Electro Heatin Jean Sluss Ron Julkowski, CBO Scenic Si n Co oration Si n Erector Jessica Orton Ron Julkowski, CBO Warner Connect Commercial or S ecial Hen Warner Ron Julkowski, CBO 30 ` AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25, 2013 c�r oF ESTI MATE FRIDLEY Midwest Asphalt Corporation 5929 Baker Road Suite 420 Hopkins, MN 55345 2012 Street Rehabilitation Project No. 2012-01 EstimateNo. 7 ............................................................................. $141,206.65 31 � AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25, 2013 CffY OF FRIDLEY t To: Darin Nelson, Acting City Manager �;�'�`'' From: Donovan W. Abbott, Public Safety Director � Bob Rewitzer, Police Captain Date: February 21, 2013 Re: Resolution accepting a donation to the City for outfitting police patrol vehicles with new automatic external defibrillator equipment Attached is a resolution authorizing acceptance of a donation of cash and equipment to the City from Allina Health and the Allina Heart Safe Communities Program to outfit half of the police patrol vehicle fleet with new Automatic External Defibrillator (AED) equipment. Sudden cardiac arrest is one of the leading causes of death in the United States, claiming over one- quarter of a million lives each year. The only effective treatment for sudden cardiac arrest is an electric shock to the heart called defibrillation. Defibrillation is most effective if it is applied within three to five minutes into sudden cardiac arrest. A small, portable electronic device called an Automatic External Defibrillator (AED) can be used by a trained person to deliver a defibrillation shock to someone in cardiac arrest if it is needed. The Police Department has carried AEDs in patrol vehicles since 2004 so police officers can quickly provide life saving care to someone in cardiac arrest. Over time several of the Police Department AEDs have become inoperable and many are no longer supported by the manufacturer. The Police Department seeks to outfit all of its patrol vehicles with a new AED so that officers are always able to provide emergency defibrillation when needed. The mission of the Police Department and the mission of Allina Health are similar in that both are entrusted to serve the community and provide emergency care when called upon. In furtherance of that collaboration, Allina Health and the Allina Heart Safe Communities Program have generously provided a cash donation of$11,500 and AED equipment to outfit half of the patrol vehicle fleet with a new AED. Donations are required to be accepted by the City Council and adopted by a two-thirds majority. Staff requests that the City accept this donation in siucere gratitude for the purpose of providing for the health, safety, and welfare of citizens and visitors of Fridley. The donation is free of any quid pro quo expectation by the donor. 32 RESOLUTION NO.2013 - A RESOLUTION ACCEPTING A DONATION TO THE CITY OF FRIDLEY FOR OUTFITTING POLICE PATROL VEHICLES WITH NEW AUTOMATIC EXTERNAL DEFIBRILLATOR EQUIPMENT WHEREAS, sudden cardiac arrest is one of the leading causes of deatl� in the United States, claiming over one-quarter of a million lives each year; and WHEREAS, the only effective treatment for sudden cardiac arrest is an electric shock to the heart called defibrillation; and WHEREAS, defibri(lation is most effective if it is applied within three to five minutes into sudden cardiac arrest; and WHEREAS, a small, portable electronic device called an Automatic External Defibrillator(AED)can be used by a trained person to deliver a defibrillation shock to someone in cardiac arrest if it is needed; and WHEREAS,the Police Department has carried AEDs in patrol vehicles since 2004 so police officers can quickly provide life saving care to someone in cardiac arrest; and WHEREAS, over time several of the Police Department AEDs have become inoperable and many are no longer supported by the manufacturer; and WHEREAS, the Police Department seeks to outfit all of its patrol vehicles with a new AED so that officers are always able to provide emergency defibrillation when needed; and WHEREAS, the mission of the Police Department and the mission of Allina Health are similar in that both are entrusted to serve the community and provide emergency care when called upon; a��d WHEREAS, Allina Health and the Allina Heart Safe Communities Program have generously provided a cash donation and AED equipment to outfit half of the patrol vehicle fleet with a new AED; and WHEREAS, the City wishes to accept this donation in sincere gratitude for the purpose of providing for the health, safety, and welfare of citizens and visitors of Fridley; and WHEREAS, donations are required to be accepted by the City Council and adopted by a two-thirds majority; and WHEREAS, the donation is free of any quid pro quo expectation by the donor. NOW, THEREFORE, BE IT RESOLVED, that the City Council of tl�e City of Fridley hereby accepts the donation of$1 1,500 cash and AED equipment from Allina Health and the Allina Heart Safe Communities Program. SCOTT J. LUND, MAYOR ATTEST DEBRA A. SKOGEN, CITY CLERK 33 : AGENDA ITEM �oF CITY COUNCIL MEETING OF FEBRUARY 25, 2013 FRIDLEY TO: Darin R. Nelson, Interim City Manager .� PW13-016 FROM: James Kosluchar, Public Works Director DATE: February 21, 2013 SUBJECT: Approve a Resolution Authorizing Execution of Grant Agreement SG2013-009 with the Metropolitan Council for Inflow/Infiltration Reduction Through efforts of the Metro Cities Association and the Metropolitan Council, the 2012 Minnesota Legislature appropriated $4 million of State bond funds for a cost share grant program for metropolitan cities to mitigate inflow and infiltration (I/I) into sanitary sewer collection systems. This program was similar to a 2010 I/I grant program that was funded for $3 million. The 2012 program includes revisions to the eligibility requirements, which fortunately qualifies the City of Fridley for funding. The Metropolitan Council Environmental Services (MCES) Division administers this I/I grant program. MCES held a meeting with eligible cities in regard to the grant allocation and guidelines in 2012. A number of conditions related to the State bond funding were reviewed; subsequently a standard grant agreement was developed for the program by MCES. This agreement and terms have been reviewed by staff and the City Attorney. The City of Fridley made application in the fall of 2012 for cost share funding under the program for three projects. City of Fridley Project 416, the 2012 sanitary sewer main lining project, was constructed last year. Also constructed last year was City of Fridley Project 421, which was a pipe bursting rehabilitation of a sanitary sewer on 53�d Avenue NE. Finally, City of Fridley Project 425 is the 2013 sanitary sewer main lining project. Although two of these projects are substantially completed, they are both eligible for partial reimbursement through the cost share grant program. These three projects cost a total of$515,160. MCES awarded a cost share grant amount of$123,841.00, or just over 24% of these three projects to the City of Fridley. Staff recommends that the City Council moves to adopt the attached resolution to authorize execution of Grant Agreement SG2013-009 with the Metropolitan Council for inflow/infiltration reduction. If approved, staff will forward the signed agreement to Metropolitan Council and complete project work related to the grant, and request reimbursement under the grant. Receipts will be used to offset costs for these projects from the Sewer Utility Reserve fund. JPK/jpk Attachments 34 RESOLUTION NO. 2013 - A RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT SG2013-009 WITH THE METROPOLITAN COUNCIL FOR INFLOW/INFILTRATION REDUCTION WHEREAS, through efforts coordinated with the Metro Cities Association and the Metropolitan Council, the 2012 Minnesota Legislature appropriated $4 million of state bond funds for a sanitary sewer inflow/infiltration (I/I)reduction cost share grant program for metropolitan cities to mitigate inflow and infiltration into sanitary sewer collections systems, and WHEREAS, the Metropolitan Council Environmental Services (MCES) Division has been assigned to administer the program, and WHEREAS, after meeting with eligible cities and holding a public meeting for the purpose of gathering public input,the Metropolitan Council approved processes, guidelines and schedules for the grant program, and WHEREAS,the City of Fridley made application for the UI reduction cost share grant program for eligible costs for sanitary sewer lining and pipe bursting rehabilitation under Project Number 416, Project Number 420, and Project Number 425, and WHEREAS,the City of Fridley was allocated a maximum expected grant amount of$123,841.00, and WHEREAS, in order to receive granted funds,the Metropolitan Council requires approval and execution of Grant Agreement SG2013-009, NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,MINNESOTA, that Grant Agreement SG2013-009 between the Metropolitan Council and the City of Fridley is approved, and the Mayor and City Manager are directed to execute said Grant Agreement SG2013-009 for submittal to the Metropolitan Council prior to March 1, 2013, and FURTHERMORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA,that the Public Works Director/City Engineer is directed to execute and provide any additional documentation necessary to effect reimbursement of cost share grant funds under Grant Agreement SG2013-009. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25�h DAY OF FEBRUARY 2013. ATTEST: SCOTT J. LUND—MAYOR DEBRA A. SKOGEN - CITY CLERK 35 CONTRACT NO. SG2013-009 Metropolitan Council Municipal Publicly Qwned Infrastructure Inflow/In�ltration Grant Program State of M�nnesota General Obligation Bond Proceeds Grant Agreement — Construction Grant for the Fridlev - Numbers 416, 420 & 425 Sewer Linin� and Pi�e Burstin Rehab Pro j ect 36 i TABLE OF CUNTENTS RECITALS Article i -DEFINITIONS Section 1.01 —Defined Tenms Article II - GFtA.NT Section2.Q1 —Grant of Monies Section 2.02—Public Ovvnership Section 2,03 —Use of Grant Proceeds Section 2:04—Operatio�of the Real Property and Facility Section 2.45 —Grantee Representations and Warranties Section 2.06—Ownershi.p by Leasehold or Easement Section 2.07—Event(s) of De�ault Section 2:08 —Remedies Section 2:09—Notification of Event of Defauit Section 2.10—�urvival of Event of Default Section 2.11 —Term of Gran#Agreement Section 2:12�Modification and/or Early Termination af Grant Section 2.13 —Excess:Funds. Article III—USE CQNTRACTS [NOT TO BE USED IN THIS AGREEMENT] Section 3.01 —General Provi�ians Section 3.02—Initial Term and Renewal Section 3.03 —Reimbursement of Counterpart� Section 3.04—Receipt of Nlor3ies Under a Use Contract Article I�—S�1LE Section 4.01 -Sale Section 4A2—Proceeds of Sale � Article V—COMPLIANCE WITH G:4. COMPLIANCE LEGISLATION AND THE�OMMIS'SIONER'S ORDER Section SA1 —State Bond Financed Property Section 5.02—Preservation of Tax Exempt Status , Section 5.03 —Changes#o G.O. Compliance Legislation or the Cammissioner's(.�rder Article VI—DI�BURSEMENT OF GRANT PROCEEDS Sectian 6.01 —The Advances Section 6.0�—Draw Requisitions Secfion 6.03 —Additional Fun.ds Section 6.04=Condition Precedent to Any Advance Section 6.Q5 — Construction Inspections 371 Article VII- MISCELLANEOUS Section 7.01 -Insurance Section 7.02-Condemnation Section 7.03 -Use,Maintenance, Repaiz and Alterations Section 7.Q4-Records Keeping and Reporting Section 7.05-Inspections by Council Section 7.06-Data Practices Section 7.07-Non-Discrimination Section 7.d8-Worker's Compensation Section 7.09-Antitrust Claims Section 7.10-Review of Plans and Cost Estimates (NOT TQ BE USED] Section 7.11 -Prevailing Wages Section 7.12-Liability Section 7.13 -Indemnification by the Grantee Section 7.14-Relationship of the Parties Section 7.15 -Notices Seeiion 7.16-Binding Effect and Assignment or Modification Section 7.17-Waiver Section 7:1$ -Entire Agreement Section 7.19-Choice of Law and Venue Section 7.20-Severability Section 7.21 -Time of Essence Section 7.22-Counterparts Section 7.23 -Matching Funds Section 7.24-Source and Use of Funds Section 7.25 -Project Completion Schedule Section 7.26-Third-Party Benefieiary Section 7.27-Grantee Tasks Section 7.28-Councii and Commissioner Required Acts and Approvals Section 7.29-Applicability to Real Property and Facility Section 7.30-E-Verification Section 7.31 -Additional R.equirements Section 7.32-Termination Due to Lack of Funds Section 7.33 -Grant Program Remainder Funds , Attachment I-DECLAR.ATION Attachment I-A- CERTIFICATION Attachment II-LEGAL DESCRIPTION OF REAL PROPERTY Attachment III- SOIJRCE AND USE OF FUNDS Attachment IV-PRQJECT DESCRIPTInN AND COMPLETION SCHEDULE 3� GENERAL OBLIGATION GRANT PROCEEDS MUNICIPAL PUBLICLY OWNED INFR.ASTRUCTURE INFLOW/INFILTRATION GRANT PROGRAM INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN METROPOLITAN COUNCIL AND FRIDLEY This Intergovernmental Grant Agreement ("Grant Agreement") is made this 2 5 t h day of February , 2013, and entered into by and between Metropolitan Council a public corporation and political subdivision of the State of Minnesota ("Council") and Fridley, a Minnesota Municipal corporation("Grantee"). BACKGROUND RECITALS 1. The Minnesota Legislature has appropriated to the Council in the 2012 Session Laws Chapter 293, Section 17, subdivision 3, $4,000,000 for a grant program to be administered by the Council for the ptupose of providing grants to municipalities for capital improvements to public municipal wastewater collection systems to reduce the amount of inflow and infiltration to the Council's metropolitan sanitary sewer disposal system ("I/I Municipal Grant Program"). 2. The monies allocated to fund the appropriation to the Council are proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution. 3. The Council has gone through a public process and formally adopted Guidelines for the UI Municipal Grant Program. Grantee has read and understands the Council Guidelines ("Council Guidelines"). 4. Council has identified Grantee as a contributor of excessive inflow and infiltration to the Council's metropolitan sanitary sewer disposal system and thus an eligible applicant for grant funds under the I/I Municipal Grant Program. 5. Pursuant to its authority under Minnesota Statutes § 444.075 [or other authority, if different], Grantee operates a municipal wastewater collection system 3� identified as Fridley Wastewater Collection System ("Wastewater System") and has submitted an application for grant funds including a timeline for an inflow and infiltration mitigation capital improvement project to the Wastewater System to the Council in accordance with Council's Guidelines. Far purposes of this Agreement, the term "Governmental Program"means the Wastewater System. 6. Council has reviewed and found eligible Grantee's application for grant funds and has awarded such grant funds ("G.O. GranP') to Grantee to construct a capital improvement �roject to Grantee's pipeline as described in and in accordance with the terms and conditions of this Grant Agreement. 7. The Grantee's receipf and use of the UI Municipal Grant Program to acquire an ownership interest in and/or imprave real property {the "Real Property") and structures situated thereon (the "Facility") will cause the Grantee's ownership interest in all of such real property and structures to become "state bond financed property", as such term is used in Minn. Stat. § 16A.695 (the "G.O. Complia.nce Legislation") and in that certain "Third Order Amending Ordez of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget and dated June 19, 2012 (the "Commissioner's Order"), eveil though such funds shall only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures. 8. Council and Grantee desire to set farth herein the provisions relating to the granting of such G.O. Grant and the disbursement thereof to Grantee and the operation of the Real Property and the Facility. NOW, THEREFORE, in consideration of the G.O. Grant described and other provisions in this Agreement, Council and Grantee agree as follows: 4f� Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the followin.g terms shall have the meanings set out respectively after each such term (the meanings to be equaily applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: "Advance(s)" — means an advance made or to be made by the Council to the Grantee and disbursed in accordance with the provisions contained in Article VI hereof. "Agreement" - means this Metropolitan Municipal Publicly Owned Infrastructure Inflow/Inf`�ltration Grant Program Grant Agreement - Construction Grant for the Fridley - Numbers 416, 420 & 425 Sewer Linin�and Pipe Bursting Rehab Project, as such exists on its original date and any amendments, modifications or restatements thereof. "Approved Debt" — means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. "Architect", if any - means --------------- , which will administer the Construction Contract Documents on behalf of the Grantee. "Certification" — means a certification in the form contained in Attachment 1-A to this Agreement and all amendments thereto, acknowledging that the Rea1 Property and Facilities is state bond financed property within the meaning of Minn. Stat. § 16A.695, is subject to the requirements imposed by such statutes and cannot be sold, encumbered or otherwise disposed of without the approval of the Commissioner of the MMB. "Code" - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. "Commissioner of MMB" - means the commissioner of the Minnesota Department of Management and Budget, and any designated representatives thereof. 41s "Commissioner's Order" - means that certain "Third Order Amending Order of the Commissioner �f Finance Relating to Use and Sale of State Bond Financed Properly" executed by the Commissioner of Minnesota Management and Budget and dated June 19, 2012. "Campletion Date" — means November 30, 2014 the date of projected completion of the Project. "Contractor" - means any person engaged to work on oz to furnish materials and supplies for the Construction Items including, a general contractor. "Construction Contract Documents" - means the document or documents, in form and substance acceptable to the Council, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Grantee and the Contractor or Confiractors for the completion of the Construction Items on or before the �ompletion Date for either a fixed price or a guaranteed maximum price. "Construction Items" — means the work to be performed under the Constructian Contract Documents. "Cauncil" - means the entity identified as the "Metropolitan Council" in the lead-in paragraph of this Agreement. "Declaration" - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Crrantee's oumership interest in the Real Property and Facxlity is state bond fmanced property within the meaning of the G.�. Compliance Legislation and is subject ta certain restrictions imposed thereby. "Draw Requisition" - means a draw requisition that the Grantee, or its designee, submits to the Council when an Advance is requested, as referred to in Section 6.02. . "Easement Premises" - means the real estate and structures, granted to the Grantee iuider an easement. "Event of Default" - means one or more of those events delineated in Section 2.07. "Facility" means, the Wastewater Systems identified in Recital No. 5 of this Agreement which is located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds. "Fair Mazket Value" — means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an 4� appraisal that assumes that all liens and encumbrances on the property being sald that negatively affect the value of such property, will be paid and released, or (ii} the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. "G.O. Bonding Legislation"—means the legislation delineated in Recital Nos. 1 and 2 hereinabove as the G.O. Bonding Legislation. "G.O. Bonds" -means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the G.t�. Grant and any state bonds issued to refund or replace such bonds. "G.C�. Compliance Legislation" - means Minri. Stat. § 16A.695 as such may subsequently be amended, modified or replaced fram time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. "G.O. Grant"means a grant of monies from the Council to the Grantee in the amount identified as the "G.O. Grant" in Section 2.01 (b) to this Agreement, as the amount thereof may be modified under the provisions contained herein. "Governmental Program" means the operation of the Real Property and the Facility for the purpose specified and identified in Recital No. 5 of this Agreement as the Governmental Program. "Grantee" - means the entity identified as the "Grantee" in the lead-in paragraph of this �greement. "Initial Acquisition and Betterment Costs" — means the cost to acquire the Grantee's ownership interest in the Real Property and Facility if the Grantee does not already possess the required ownership interest, and the costs of betterments of the Real Property and Facility; provided, however, the Council and the Commissioner of MMB are not bound by any specific amount of such alleged costs unless consented to in writing. "Inspecting Engineer", if any - means the Council's construction inspector, ar its designated consulting engineer. "Outstanding Bala�.zce of the G.O. Grant—means the portion of the G.Q. Grant that has been disbursed to or on behalf of the Grantee minus any portion thereof previously paid back to the Commissioner of NIMB. 43� I "Ownership Value", if any — means the value, if any, of the Grantee's ownership interest in the Real Property and Facility that existed concurrent with the Grantee's execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the Council and the Commissioner of MMB. The parties hereto agree and acknowledge that such value is $3,150,400 or Not Applicable; provided, however, the Commissioner of M1VIB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blank "Not Applicable" is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank "Not Applicable" should only be selected and checked when a portion nf the funds delineated in Attacliment III attached hereto are to be used to acquire the Grantee's ownership interest in the Real Property and, Facility, and in such event the value of such ownership interest should lie shown in Attachment I77 and not in this defrnition for Ownership Value). "Project" - means the Grantee's acquisition, of the ownership interests in the Real Property and, Facility denoted in Section 2.02 along with the performance of activities denoted in Section 2.03. (If the Grantee is not using any portion of the G.O. Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attac/i�nent III hereto and instead shall be included in the definition for Chvnership Value under this Section.) "Real Property" - means the real property located in the County of Anoka , State of Minnesota and identified in Attachment II to this Agreement by legal description, narrative description or diagram. "Subsequent Betterment Costs" — means the costs of betterments of the Real Property and Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constiiution), and the cost of which has been established by way of written documentation that is acceptable to and approved, in writing, by the Council and the Commissioner of MMB. "Useful Life of the Real Property and Facility" — means (i) 30 years for Real Properly that has no struciure situated thereon or if any structures situated thereon will be removed, and no new stnictures will be constructed thereon, (ii) the rema.ining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated an the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. 4� Article II GRANT Sectian 2.01(a). Grant of Monies. The Council shall make and issue the G.O. Grant to the Grantee, for payment of Project items as described in Attachment IV to this Agreement and disburse the proceeds in accordance with the provisions of this Agreement. The G.O. Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returried to the Council or the Commissioner of MMB under certain circumstances. Section 2.01(b). Maximum Expected Grant Amount (��Maximum Grant Amount"). The Council will pay to Grantee a Maximum �rant Amount during the Grant Project activity period of up to $123,841 ("Maximum Grant Amount"). However, in no event wili the actual amount that the Council will pay to the Grantee for this Agreement exceed one-half of the actual amount expended by the Grantee on eligible expenses as specified in �ection 2.01(a). Neither the Council nor the MMB shall bear any responsibilify for a cost overrun which may be incurred by the Grantee in perfarmance of the�roject. The actual Grant Amount will be determined by the Council upon submission by Grantee to Council of reasonable; eligible and verifiable costs submitted in accordance with the terms of this Agreement for the Grant Project as described in Attachment IV. Section 2.02 Public Ownership. The Grantee acknowledges and agrees that the G.O. Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the �2eal Property and Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership or an easement. In order to establish that this public ownership requirement is satisfied, the Grantee repxesents and wazrants to the Council tliat it has, ar will acquire, the following ownership interests in the Real Property and Facility, and, in addition, that it possesses, or will possess, all easements necessary for the operation; maintenance and management of the Real Property and Facility in the manner speciFied in Section 2.04: (Check the appropriate box for t�e Real Property for the Facility.) Ownership Interest in the Real Property. � Fee simple ownership of the Real Property. 459 An easement for the Real Property that complies with the requirements contained in X Section 2.06. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: .) Permit for pipe in [Permittor] right-of-way that complies with the requirements contained in Section 2.06. Ownership Interest in the Facility. Fee simple ownership of the Facility. Not applicable because there is no Facility. Section 2.03 Use of Grant Proceeds. The Grantee shall use the G.O. Grant solely to reimburse itself for expenditures it has already made in the performance of the Proj ect as described in Attachment IV to this Agreement, and may not use the G.O. Grant for any other purpose. The Project as described in Attachment IV consists of the following: (Check all appropriate boxes.) � Acquisition of fee simple title ta the Real Property. � Acquisition of an easement for the Real Property. � Improvement of the Real Property. � Acquisition of fee simple title to the Facility. � Construction of the Facility. � Renovation of the Facility. ❑ (Describe other or additional purposes.) Further, Grantee agrees to perform and complete in a satisfactory manner the Project as described in Grantee's application for assistance under the Council's UI Municipal Grant Program, which application is incorporated into Attachment N of this Agreement by reference, and in accordance with the terms and conditions of this 4� Agreement. Specifically, the Crrantee agrees to perform the Project in accardance with a specific timeline, alI as described in Attachment IV and to undertake the financial r�sponsibilities described in Attachment III to this Agreement. The Grantee has the responsibility for and obligation to complete the Project as described in Attachment III and IV. The Council makes no representation or warranties with respect to the success and effectiveness of the Project. The G.O. Grant cannot be used for normal municipal operating or overhead costs related to the Project. G.O. Grani funds cannot be used for the costs of studies or for engineering or planning costs, or for equipment, machinery, supplies or other property necessary to conduct the Froject except f�r equipment, supplies or other property which will be used prirnarily for the Project and that are specifically listed in Attachment N. Section 2.U4 Operation af the Real Property and Facility. The Real Property and Facility must be used by the Grantee or the Grantee must cause such Real Property and Facility to be used for the operation of the Governmental Program or for such other use as the Minnesota legislature may from time to time designate, and for no other purposes or uses. Grantee must annually determine that the Real Property and Facility is being used for the purpose required by this Agreement, and has or has not been sold, abandoned, leased or subjected to a management contract or an agreexnent for use of the Real Property and Facility and shall annually supply a statemenf from an officer of the Grantee, sworn to before a notary public, to such effeet to the Council and the Corrunissioner of MMB. For those programs, if any, that the Grantee will directly operate on all or any portion of the Real Property and Facility, the Grantee covenants witYi and represents and warrants to the Council that:_(i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way af a plan that it submitted to the Cnur�cil; and(iii) it will annually adopt, by resolutinn, a budget for the operation of such programs that clearly shovvs that forecast program revenues along with other funds available for the operation af such program will be equal to or greater than forecast program expenses f�r each fiscal year, and will supply, upon request; to the Council and the Commissioner of MMB certified copies of such resolution and budget. For the purpose of this paragraph anly, t�e budget(s) for the specific Governmental Program(s) supported by this G.O. Grant may be cornbined with other programs af the Grantee. Section 2.45 Grantee Representations and Warranties. The Grantee further covenants with, and represents and wanants to the Council as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Certification or Deelaration, and all documents referred to herein, has taken all actions necessary to its execution and delivery of such documents, and provided to the Council a copy of a resolution by its governing body which authorizes Grantee to enter into this Agreem�nt, to undertake the UI Municipal Grant Program and 471 Project, including the Grantee financial responsibilities as shown in Attachment IV and which also designates an authorized representative for the Project wha is authorized to provide certifications required in this Agreement and submit pay claims for reimbursement of Project costs. B. It has legal authority ta use the G.O. Grant for the purpose or purposes described in this Agreement and has received a copy of, has read and understands the Council Guidelines for the Gouncil's UI Municipal Grant Program. C. It has legal authorifiy to operate the Governmental Program. D. This Agreement, the Declaration or Certification as applicable and alI other documents referred to herein are the legal, valid and binding obligations of the Grantee enforceable against the Grantee in accordance with their respective terms. E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration or Certification as applicable and all other documents referred to herein. E. It will comply �vith all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Cornmissioner's Order, and the G.O. Bonding Legislation. G. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all of the information it has submitted or will submit to the Council or Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G,O. Grant is and will be true and correct. It agrees that all representations contained in its applicatian for the G.O. Grant are material representations of fact upon which the Council relied in awarding this G.(�. Grant and are incorporated into this Agreement by reference. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no material actions, suits, or proceedings pending, or ta its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the R.eal Property and Facilify, ar its ownership interest therein, and it is not in default with respect to any order, �vrit, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaxation or Certification as applicable, or any document referred to herein, or to perfonm any of the acts required of it in such documents. _ I. Neither the execution and delivery of this Agreement, the Declaration or Certification, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or 4� provision of any agreement or document to which it is now a party or by which it is bound. J. The cantemplated use of the Real Property and Facility will not violate any applicable zoning or use statute, ordinance, building code,rule or regulation, or any covenant or agreement of record relating thereto. K. The Project will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. All applicable licenses, permits and bonds required for the operation of the Real Property and Facility in fhe manner specified in Section 2.04 have been, or will be,obtained. N. It will operate, maintain, and manage the Keal Property and Facility or cause the Real Property and Facility, to be operated, maintained and managed in compliance with aii applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state; or local political subdivisions having jurisdiction over the Reai Property and Facility. O. It has complied with the financial responsibility requirements contained in Section 7.23'. P. Whiie this Agreement is in effect, it will not, without the prior written consent of the Council and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Grantee's ownership interest in the Real Property or Facility. Provided, however, the Council and the Commissioner of MMB will cansent to any such lien or encumbrarice that secures the repayment af a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed i�o sa operate the Real Property and Facitity in accordance with the requirements impased under Section 2.04 and will � be included in and as part of the Grantee's ownership interest in the Real Praperty and Facility, andlor (ii) to pay for capital improvements that are needed to so operate the Real Property and Facility in accordance with the requirements imposed under Section 2.04. Q. It reasonably expects to possess the ownership interest in the Real Property and Facility described Section 2.02 for the entire Useful Lit�e of the Real 4J13 Property and Facility, and it does not expect to sell, transfer or abandon such ownership interest. R. It does not reasonably expect to receive payments under a contract for use of the Real Property or Facility, including leases or management contracts, in excess of the amount the Grantee needs and is authorized to use to pay the operating expenses of the portion of the Real Property and Facility that is the subject of such contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Deht. S. It will su�ply, or cause to be supplied, whatever funds are needed above and beyond the amount of the G.O, Grant to compTete and fully pay for the Project. T. The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date, and all such items along with the Facility will be situated entirely on the Real Property. U. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. V. If all or any portion of the Govez`nmental Program does not qualify for the Waiver of Real Properly Declaration granted by MMB, a copy of which is attached to and incorporated hereto as Attachment V, it has submitted to ihe Commissioner of MMB a written request that a declarati�n need nat be recorded against the Real Property and if applicable, the Facility becalise such recording would be unduly onerous or impracticable and has received from the Commissioner of MMB a written waiver stating that a Declaration need not be recorded against the Real Property and if applicable, the Faciliiy, a copy of which waiver is attached to the Certification submitted as Attachment IA of this Agreement. [Grantee should delete this Section is Grantee does not intend to appiy for Waiver or intends to apply under Council's Waiver.] W. It has executed and submitted a copy of one or more of the following to the Council and Minnesota Management and Budge�, such thaf all parts of the facility are covered by one of the following: l. For a11 or part of the Governmental Programs which qualifies for the Waiver of Real Property Declaration granted by Minneso#a Management and Budget to the Council and aitached as Attacl�ment V, the Certification attached as Attachment IA of this Grant Agreement; or 2. For all or part of the Governmental Program which daes not qua.lify for the Waiver af Real Property Declaration granted to the Council, but for which Grantee has obtained a Waiver of Real Property Declaration from the Minnesota Management and Budget pursuant to Section 2.05 (V} of �b this Agreement, the Certification attached as Attachment IA, together with a copy of the waiver; or 3. A fully executed Declarafion in the form attached to this Agreement as Attachment I, such Declaration recorded or to be promptly recorded with the appropriate governmental office, and a copy of such recorded Declaration to be delivered to the Council and Minnesota Manage�ent and Budget. X. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the Council or the Commissioner of MNIB. Section 2.06 Ownership by Easement. A. A Real Property/Facility easement must comply with the following provisions. 1. The Grantee is the grantee of easement and the easernent creates the functional equivalency of fee ownership for the length of its term. 2. Tt must be permanent for a term that is equal to �r greater than 125% of the Useful Life of the Real Property and Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. 3. It must nnt contain any requirements or obligations of the Grantee that if not complied with could result in a terrnination thereof. 4. It must contain a provision that provides sufficient authority to allow the Grantee to operate the Real Property and Facility in accordance with the requirements unposed under Section 2.04. 5. It must not contain any provisions that would limit or impair fhe Grantee's operation of the Real Property and Facility in accordance with tYte requirements imposed under Section 2.Q4. 6. It must allow for a transfer thereof in the event that the grantee under the easement makes the necessary determination to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. B. The provisions contained in this Section are not intended to and shall not prevent the Grantee from including additional provisions in the easement that are not inconsistent with or contrary to the requirements contained in this Section. 5115 I C. The Grantee shall fully and completely comply with all of the terms, conditions and provisions contained in the easement, and shall file the easement in the Office of the County Recorder or the Registrar of Titles. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the Council and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the Council or the Commissioner of MMB giving the Grantee 30 days written notice of such event and the Grantee's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Grantee is using iis best efforts to cure and is making reasonable progress in curing such Events of Default, howe�er, in no event shall the time period to cure any Event of DefauIt exceed 6 months unless otherwise consented to, in writing, by the Council and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Grantee in this Agreement, in any Draw Requisition, in any other document furnished pursuant to this Agreement, ar in order to induce the Council to disburse any of the G.O. Grant shall prove to have been untrue or incomect in any material respect or materially misleading as of the time such representation, covenant,or warranty was made. B. If the Grantee fails to fully comply with any pzovision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C. If the Grantee fails to fully comply with any provision, term, condition, covenant or warranty contained in the G.O. Compiiance Legislation, the Commissioner's Order,or the G.O. Bonding Legislation. D. If the Grantee fails to complete the Project, or cause the Project to be eompleted;by the Campletion Date. E. If the Grantee fails to provide and expend the full amount of the financial responsibilities required under Section 7.23 for the Project. F. If a Declaration is required, if the Grantee fails to record the Declaration and deliver copies thereof as set forth in Section 2.OS.V. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the Council and the Commissioner of MMB, constitute an Event of Defaizlt under this Agreement immediately upon either the C'ouncil or the Commissioner of MMB giving the Grantee written notice of such event. Section 2.0$ Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the Councii, the Council or the Commissioner of MMB may enforce any or all of the following remedies. 5� A. The Council may refrain from disbursing the G.U. Grant provided, however, the Council may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other then the provisions of Sections 4.01 or 4.02, then either the�ouncil or the Commissioner of MMB, as a third party beneficiary of this Agreement, znay demand that the Outstanding Balance af the G.O. Grant be retarned to it, and upan such demand the Grantee shall return such amount to the Cauncil or the Commissioner of MMB. C. If the Event of Default involves a failure ta comply with the provisions af Sections 4.41 or 4.02, then either the Council �r the Commissi�ner of MMB,as a third party beneficiary of this Agreement, may demand that the Grantee pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Grantee shall pay such amount to t�e Council or the Commissioner ofMMB. U. Either the Council or the Commissioner of MMB, as a third party benef ciary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the Council or the Commissioner of MMB would otherwise possess. If the Grantee does not repay the amounts required to be paid under this Section or under any other provision contained in tYzis Agreement within 30 days of demand by the CounciI or the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Grantee and in favor of the Council andlor the Corrunissioner of MMB, then such amount may, unless precluded �y law, be �aken from or off-set against any aids or other monies that the Grantee is entitled to receive from the Council or State of Minnesota. In addition, the Council may use the provisions of Minn. Stat. § 473.52I, subd. 4 to collect the amounts required to be paid under this Section or under any other provision contained in this Agreement. Section 2.09 Notification af Event of Default. The Grantee shall fumish to the Council and the Corrunissioner of M1VIB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Grantee proposes to take with respect thereto. 5317 Section 2.10 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of C�rant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisians contained herein, remain in full farce and effect for the time period starting on the effective date hereof and ending on the date that conresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and Facility to the date on which the Real Property and Facility is first used for the operation af the Project after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and Facility from the effect of this Agreement and any Declarations or Certifications, as applicable. Section 2.12 Modification and/or Early Termination of Grant. If the Project is not started on or before the date that is six (6) months from the effective date of this Agreement or all of the G.O. Grant has not been disbursed as of the date that is two {2) years from July 1, 2012, or such other date to which the Grantee and the Council may agree in writing, then the Council's obligation to fund fhe G.O. Grant shall terminate. In such event, (i) if none of the G.O. Grant has been disbursed by such dates then the Council's obligation to fund any portion of the G.O. Grant shall terminate and this Agreement shall ierminate and no longer be af any force or effect, and (ii) if some but not all af the G.O. Grant has been disbursed by such dates then the Council shall have no further obligation to provide any additional funding for the G.O. Grant and this - Agreement shall remain in fu11 force and effect but shall be modified and amended to reflect the amount of the G.O. Grant that was actually disbursed as of such date. This provision shall not, in any way, affect the Grantee's obligatian to complete the Project by the Completion Date. This Agreement shall also terminate and no longer be of any force or effect upon the Grantee's sale of its ownership interest in the Real Property and Facility in accordance with the pravisions contained in Section 4.01 and transmittal of all or a portian of the proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in Seciion 4.02, or upon the termination of Grantee's ownership interest in the Real Property and Facility if such ownership interest is by way of an easemenf. Upon such termination, the Comrnissioner of MMB shall execute, or have executed, and deliver to the Grantee such documents as are required to release the Grantee's ownership interest in the Real Property and Facility, from the effect of this Agreement and the Declaration. Section 2.13 Excess Funds. If the full amount of the G.fa. Grant and any matching funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in the G.4. Bonding Legislation indicates otherwise, the G.4. Grant 5� shall be reduced by the amount not needed. Any funds awarded by the Council under this Agreement that have i) not been properly expended for the Project in accordance with Attachments III and IV; ii) were expended by the Grantee but subsequently reimbursed to Grantee or its agents, or iii) canstitute a total reimbursement in excess of 50% of the actual eligible spending will be repaid to the Council if paid and the unearned part of the award canceled. Article IIL Contents of�rticle III have been deliberately omitted from this Agreemenf. Article IV SALE Section 4.01 Sale. The Grantee shall not sell any part of its ownership interest in the Real Property and Facility unless all of the following provzsions have been complied with fully. A. The Grantee determines, by official action, that such ownership interest is no longer usable or needed for the operation of the Govemmenta.l Program, which such determination may be based on a determination that the portion of the Real Property or Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. The written consent of fhe Cammissioner of MMB has been obtained. The acquisition of the Grantee's ownership interest in the Real Property and Facility at a foreclosure sale, by acceptance af a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Grantee's ownership interest in or betterment of the Real Property Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender's ultimate sale or disposition of the acquired interest in the Real Property and Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisi�ns contained in Section 4.02. 5� The Grantee may participate in any public auction of its ownership interest in the Real Propert}� and Facility and bid thereon; provided that the (�irantee agrees that if it is the successful purchaser it will not use any part of the Real Property or Facility for the Governmental Program. Section 4.02 Proceeds of Sale. Upon the sale of the Grantee's ownership interest in the Real Property and Facility the proceeds thereof after the deduction of all costs directly associat�d and incurred in conjunction with such sale and such other costs that are approved, in writing, by the Commissioner af MMB, but not including the repayment of any debt associated with the Grantee's ownership interest in the Real Property and Facility, shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the G.4. Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the G.O. Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B. The remaining p�rtion, after the distribution specified in Section 4.02A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Grantee for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has aiready received the full amount of its contribution (such as the Council under Section 402.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contribuied to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Casts. If such remaining portion is not sufficient to reimburse interested public and private entities for the fuil amount that such entities contributed to the acquisition oz betterment of the Real Property and Facility, then the amount available shall be distributed as such entities may agree in writing and if such entities cannot agree by an appropriately issued court order. C. The remaining portion, after the distributions specified in Sections 4.02.A and B, shall be divided and distributed to the Council, the Grantee, and any other public and private entity that cantributed funds to the Initial Acquisition and Betterment Gosts and the Subsequent Betterment Costs, other than lenders who supplied any of such fiuids, in proportion to the contributions that tha Cou.ncil, the Grantee, and such other public and private entities made to the acquisition and betterment of the Real Property and, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the Council shall be made to the Commissioner of MMB, and the Grantee may direct its distribution to be made to any other entity. 5� All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner of MMB, and no such disbursements shall be made without such consent. The Grantee shall not be required to pay or reimburse the Council or ttr� Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the G.O. Grant. Article V. COMPLIANCE WITH G.U. COMPLIANCE LEGISLATION AND THE COMIVIISSIONER'S ORDER Section 5.01 State Bond Financed Property. The Grantee and the Council acknowledge and agree that the Grantee's ownership interest in the Real Property and Facility is, or when acquired by the Grantee will be, "state bond financed property", as such term is used in the G.O. Compliance Legislation and the Comrnissioner's Order, and, therefore; the provisions contained in such statute and order apply, or will apply, to the Grantee's ownership interest in the Real Property and Facility. Section 5.02 Preservation of Tax Ezempt 5tatus. In order to preserve the tax- exempt status of the State G.O. Bonds,the Grantee agrees as fallows: A. It will not use the Real Property or Facility, or use or invest the G.O. Grant or any ather sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking funds," and "replacement proceeds," in such a maizner as to cause the G.O. Bonds to be classified as "arbitrage bonds"under Section 148 of the Code. B. It will deposit into and hold all of the G.O. Grant that it receives under #his Agreement in a segregated non-interest beazing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB a11 information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the G.O. Bonds. D. It will, upon the occurrence of any act or omission by the Grantee that could cause the interest on the State G.U. Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of NIMB determines to be necessary to ensure that the interest to be paid on the State G:O. Bonds is exempt frorn federal taxation, which such action may include either: (i) compliance with proceedings intended to classify fhe State G.O. Bonds as a "qualified bond" within the meaning of Section 5721 141(e) of the Code, (ii) changing the nature of the use of the Real Praperty or Facility so that none of the net proceeds of the State G.O. Bonds will be used, directly or indirectly, in an "unrelated trade or business" or for any "private business use" (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv} compliance with other Code provisions, regulations, or revenue pracedures which amend or supersede the foregoing. E. It will not otherwise use any of the G.O. Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor otherwise omit, take, or cause to be taken any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 5.43 Changes to G.O. Compliance Legislation or the Commissioner's Order. In the event that the G.O. Compliance Legislation or the Commissioner's Order is amended in a xnanner that reduces any requirement imposed against the Grantee, or if the Grantee's ownership interest in the Real Property or Pacility is exempt from the G.O. Compliance Legislation and the Commissioner's Order,then upon written request by the Grantee the Council shall enter into and execute an amendment to this Agreement to impleinent herein such amendment to or exempt the Grantee's ownership interest in the Real Property and Facility from the G.O. Compliance Legislation or the Commissioner's Order. Article VI. DISBURSEMENT OF GRANT PROCEEDS Section 6.01 The Advances. The Council will make no advances of the G.O. Grant to Grantee. The disbursement of the G.O. Grant shall be in the form of reimbursement for eligih�e cosfs as provided ahead in this Article VI. Section 6.02 Draw Requisitions. Whenever the Grantee desires a disbursement of a portion of the G.O. Grant, which shall be na mare often than once each calendar quarter, the Grantee shall submit to the Council a Draw Requisition duly executed on behalf of the Grantee or its designee. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Grantee and the Council, plus (ii) the ualue of materials and equipment not incorporated in the F'roject but deiivered and suitably stored on or off the Real Property in a manner acceptable to the Council. Notwithstanding anything herein to the contrary, no Draw Requisition for materials stored on or off the Real Property will be made unless the Grantee shall advise the 5� Council, in writing, of its intention to so store materials prior to their delivery and the Gouncil has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Grantee shall submit to the Council such supporting evidence as may be requested by the Council to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. At the time of submission of the final Draw Requisition which shall not be submitted before completion of the Project, including all landscape requirements and off= site utilities and streets needed fox access to the Real Property arid Facility and correction of material defects:in workmanship or materials (other than the completion of punch list items) as provided in the Construction Contract Documents, the Grantee shall submit to the Council: (i) such supporting evidence as may be requested by the Council to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate a11 payments fhen made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities, and that all requisite certificates of occupancy and other approvals have been issued. Section 5.03 Additional Funds. If the Council shall at any time in good faith deterinine that the sum of the undisbursed amount of the G.O. Grant plus the amount of at1 other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then the Council may send written notice thereof to the Grantee specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Grantee agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entiTy supply the amount of funds specified in the Council's notice. Section 6.04 Conditions Precedent to Any Draw. The obligation of the Council to make Draws hereunder (including the initial Advarzce) shall be subject to the following conditions precedent: A. The Council shall have received a Draw Requisition for such amount of funds being requested, which such amount when added to a11 prior requests for Draws shall not exceed the amount of the G.O. Grant delineated in Sectian 1.01. B. For all or any portion of the Governmental Program which qualifies for a waiver of Real Property Declaration granted to either the Council (Attachment V) or Grantee, the Council shall have either received the duly executed Certification attached to this Agreement as Attachmenfi 1 A or for all or any portion of the Governmental Program which does not qualify for a Waiver of Rea1 Property Declaration, a copy of duly executed Declaration that has been duly recorded in the appropriate governmental office, with alI of the recording information displayed 5�3 therean, or evidence that such Declaration will promptly he recorded and delivered to the CounciL C. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that (i) the Grantee has legal authority to and has taken all actions necessazy to enter into this Agreement and the Certification or the Declaration, as applicable, and (ii) this Agreement and the Declazation or Certification, as applicable, are binding on and enforceable against the Grantee. D. The Council shall have received evidence upan request, and 'zn form and substance acceptable to the Council, that the Grantee has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith. E. The Council shall have received evidence upon request, and in form and substance acceptable to the Council; that the Grantee is in compliance with the matching funds requirements, if any, contained in Section 7.23. F. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, showing that the Grantee possesses the ownership interest delineated in Section 2,02. G. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that the Real Property and Facility, and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or govemmental authorities having jurisdiction thereover. H. The Council shall have received evidence upon request, and in farm and substance acceptable t� the Council, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than th�se permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a Iater date. I. The Council shall have received evidence upon request, and in form and substance acceptable to the Council, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, ather than those permits, bonds and licenses which may not iawfully be obtained until a future date ar those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. 6Q4 J. The Council shall have received evidence upon request, and in fonn and substance acceptable to the Council, that the Project will be completed in a manner that will allow the Real Property and Facility to be operated in the manner specified in Section 2.04. K. The Council shall have received evidence upon request, and in form and substance acceptable fio the Council, that the Grantee has the abiiity and a plan to fund the operation of the Real Property and Facilify in the manner specified in Section 2.04. L. The Council shall Yiave received evidence upon request, and in form and substance acceptable to the Council, that the insurance requirements under Section 7.01 have been satisfied. NI. CONTENTS HAVE BEEN DELIBER:ATELY OMITTED FROM THIS AGREEMENT. N. No Event of Default under this Agreement or eve�it which would constitute an Event of Default but for the requirement that notice be given or that a period of'grace or time elapse shall have occurred and be continuing. O. The Council shall have received evidence upon request, and, in form and substance acceptable to the Council, that the Contractor will complete the Construction Items substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing to all laborers and materialmen who worked on the Construction Items ar supplied materials therefore, other than amounts being contested in good faith. Such evidence rnay be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Contract Documents that name the Council and the Grantee dual obligees thereunder, or such other evidence as may be accepfable to the Grantee and the Cauncil. P. No detezmination shall have been made by the Council that the amount of funds committed to the Project is less thari the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a det�ermination has been made and n�tice thereof sent to the Grantee under Section 6.03, then the Grantee has supplied, or has caused some other entity to supply, the necessary fiznds in accordance with such section or has provided evidence acceptable to the Council that sufficient funds are available. Q. The Grantee has supplied to the Council all ofher items that the Council may reasonably require. Section 6.05 Construction Inspeetions. The Grantee and the Architect, if any, shall be responsible for making their own inspections and observations of the 6125 Construction Items, and shall determine to their own satisfaction that the work done or materials supplied by the Contractors to whom payment is t� be made out of each Advance has been properly done or supplied in accordance with the Construction Contract Documents. Article VII. MISCELLANEOUS Section 7.01 Insurance. The Grantee shall, upon acquisition of the ownership i�terest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof(i) by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Grantee, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the Council under which the Council and the Grantee are named as loss payees. If damages which are covered by such required insurance accur, then the Grantee shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partialiy repair such damage and to provide or cause to be provided whafever additionat funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Grantee elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Grantee's ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Grantee's ownership interest in the Real Property and Facility. If the Grantee elects to sell its ownership interest in the damaged Facility and portion of the Rea1 Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Grantee. If the Grantee elects to maintain general comprehensive liability insurance regarding the Real Froperty and Facility, then the Grantee shall have the Council named as an additionaI named insured therein. At the written request of either the Council or the Commissioner of MMB, the Crrantee shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Grantee regarding the required insurance, or certificates of insurance evidencing the existence of such required insiarance. If the Grantee fails to provide and maintain the insurance required under this Section, then the Council rnay, at its sole option and ciiscretion, obtain and maintain � I insurance of an equivalent nature and any funds expended by the Council to obtain or maintain such insurance shali be due and payable on demand by the Council and bear interest from the date of advancement by the Council at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annwn based upon a 365-day year. Provided, however, nothing contained herein, including but not limited to this Section, shail require the Council to obtain or maintain such insurance, and the Council's decision to not obtain or maintain such insurance shall not lessen the Grantee's duty to obtain and maintain such insurance. Sectian 7.02 Condemnation. If after the Gran#ee has acquired the ownership interest delineated 'zn �eetion 2.02 all or any portion of the Real Property and Facility is condemned to an extent that the Grantee can no Ionger comply with the provisions contained in Section 2.04, then the Grantee shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Grantee to continue to comply with the provisions contained in Section �.U4 and to fully or partially resfore the Faciliiy and to provide or cause to be provided whatever additional funds that may be needed for such purposes; or (ii) sell the remaining portion of its ownership interest in the Real Property and Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Grantee's ownership interest in the Real Property and Facility had beEn sold, and such amounts shall be credited against the amounts due and owing under Section 4A2 upon the ultimate sale of the Grantee's ownership interest in the remaining Real Property and Facility. If the Grantee elects to sell its ownership interest in the portion of the Real Froperty and Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumuiative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4A2, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Grantee. As recipient of any of condemnation awards or proceeds referred ta herein, the Council agrees to and will disclaim, assign or pay over to the Graritee all of such condemnation awards or proceeds it receives so that the Grantee can comply with the requirements that this Section imposes upon the Grarrtee as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Grantee shall (i) keep the Real Property and Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete pramptly and in good and workmanlike manner any building or other improvement which may be constructed ari the Real Property and promptly restore in like rnanner any portion of the Facility which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials fiu�nished therefore, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real 6�� Property or Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads,parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any easement if its ownership interest in the Real Property and Facility is by way of such easement, and (vi) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property and Facility, is part of a condominium regime or is subject to a reciprocal easement or use agreement. The Grantee shall not, without the written consent of the Council and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or Facility, for any purpose other than the purposes specified in Section 2.Q4, (b} remove, demolish or substantially alter any of the Real Property or Facility, except such alterations as may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or Facility by increasing the value thereof or improving its ability to be used to operate the Governmental Program thereon or therein, (c) do any act or fhing which would unduly impair or depreciate the value of the Real Property or Facility, (d) abandon the Real Property or Facility, (e) commit or pernut any �vaste or deterioration of the Real Property or Facility, (f� remove any fixtures or personal praperfy from the Real Property or Facility, that was paid for with the proceeds of the G.�. Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) cammit, suffer or permit any act ta be done in or upon the Real Propert}�or Facility, in viglation of any law, ordinance or regulation. If the Grantee fails to maintain the Rea1 Property and Facility in accordance with the provisions contained in this Section, then after a notice and a reasonable time to cure the deficiency, the Couticil may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and Facility and the Grantee irrevocabiy authorizes and empowers the Council to enter upon the Rea1 Property and Facility, to perform such acts as may to necessary to so maintain the Real Property and Faciiity. Any actions taken or funds expended by the Council hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the Council to take any action, incur any expense, or expend any funds, and the Council shall not be responsible foz or liable to the Grantee or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the Council to perform such acts as may to necessary to so maintain the Real Property and Facility shall be due and payable on demand by the Council and beax interest from the date of advancement by the Council at a rate equat to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Grantee shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner's Order, and the G.O. Bonciing Legislation, and upon request shall allow c�r cause the entity which is maintaining such items to allow 6+� the Council, auditors for the Council, the Legislative Auditor for the State of Minnesota, or the State Auditor far the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Grantee shall use or cause the entity which is rr�aintaining such items to use generaliy accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) alI of such items that relate to the operation of the Rea1 Property and Facility for a period of 6 years from the date such operation is initiated. Grantee shall maintain and provide to the Metropolitan Council, as reasonably requested, documentation that determines for capital projects where the 2012 State bond grant funding is insu�cient by itself to complete the project, whether additional funding from other sources (including any required match) is sufficient and has been committed to fund the project as required by M.S. Sec, 16A.502. Grantee shall collect, maintain and, upon completion of the Project, provide to the Council written documentation of the jobs created or retained as a result of the Project as required by Minn. Stat. § 16A.633. The documentation must include, but is not limited to, the following information: the number and types of jobs for the Project, whether the jobs are new or retained, where the jobs are located and the pay ranges of the jabs. The Grantee shall provide the documentation to the Council at the time and in the manner required by the Coun.cil. Sectian 7.05 Inspections by Council. Upon reasonable request by the Council and without interfering witih the normal use of the Real Property and Facility, the Grantee shall allow the C�uncil to inspect, take and use photos of the Keal Property and Facility. Section 7.06 Data Praetiees. The Crrantee agrees with respect to any data that it possesses regarding the G.O. Grant, the Project, ox the operation of the Real Property and Facility, to camply with all of the provisions and restrictions contained in the Min.nesota Government Data F'ractices Act conta.ined in Chapter l.3 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time ta time. Section 7.07 Non-Discrimination. The Grantee agrees to not engage in discriminatory employment practiees regarding the Project, or operation or management of the Real Property and Facility, and it shall,with respect to such activities, fully comply with alI of the provisions contained in Chapfers 363A and 181 nf the Minnesota Statutes that exist as of the date af this Agreement and as such may subsequently be amended; modified or repiaeed from time to time. Section 7.08 Worker's Compensation. The Grantee agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181 subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and Facility. Section 7.Oy Antitrust Claims. The Grantee hereby assigns to the Coun.cil and the Commissioner of MMB all claims it may have for over charges as to goods or 6�9 services provided with respect to the Project, and operation or management of the Real Property and Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10. CONTENTS OF SECTION 7.10 HAVE BEEN DELIBERATELY OMITTED FROM THIS AGREEMENT. Section 7.11 PrevaiIing Wages. Tlie Grantee agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amencied, modified or replaced from time to time with respect to the Project anci the operation of the Governmental Program on or in the Rea1 Property and Facility. By agreeing to this provision, the Grantee is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the Govemmental Program on ar in the Real Property and Facility. Section 7.12 Liability. The Grantee and the Council agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other parry and the results thereof. Theliability of the Council and the Gonunissioner of MMB is govemed by the provisions contained in Minn. Stat. § 3.73fi, Minn. Stat. and chapter 466 as it may b� amended, modified or replaced from time to time. If the Grantee is a"municipality" as such term is used in chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Grantee, including but not lirrrnited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Grantee. The Grantee shall bear all loss, expense (incluciing attorneys' fees), and damage in connection with the Project and operation of the Real Properiy and Facility, and agrees to indemnify and hold harmless the Council, the Commissioner of MM�, and the State of Minnesata, their agents, � servants and employees from all cla.ims, demands and judgments made or recovered against the Council,the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the Council, the Gommissxoner of MIVIB, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and Facility, whether or not due to any act of omission or commission, including negligence of the Grantee or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the Council, the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Grantee further agrees to indemnify, save, and hold the Council, the Commissioner af MMB, and the State of Min.nesota, their agents and employees, � harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Grantee, its officers, employees, or agents, of any provision of the Minnesota Governrnent Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Grantee's liability hereunder shall not be limited to the extent af insurance carried by or provided by the Grantee, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or estabIishing the relationship of co-partners or a joint venture between the Grantee, the Council, or the Commissioner of MMB, nor shall the Grantee be considered or deemed to be an agent, representative, or employee of the Council, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, ar operation of the Real Property and Facility. The Grantee represents that it has already or will secure or cause to be secured all personnel required for the perForm�nce of this Agreement and the Project, and the operation and maintenance of the Real Property and Facility. Ali personnel of the Grantee or other persons while engaging in the performance of this Agreement, the ' Project, or the operation and maintenance of the Real Property and Facility shall not have any contractual relationship with the Council, the Commissioner of MMB, or the State of Ivlinnesota., and shall not be consiciered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not Iimited to; claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Grantee, its officers, agents, contractors, or employees shall in no way be the responsibility of the Coun.cil, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the Council, the Comrriissioner of M1VIB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benef�ts, severance pay and retirement benefits. Section 7.�5 Notices. In addition to any xiatice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sen� by prepaid, registered, or certified mail (retum receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity Grantee at: City of Fridl� 6431 Universitv Ave NE Fridle�, MN-55432 Attention: James Kosluchar 6�i To the State Entity Council at: Metropolitan Gouncil 390 Rabert Streef North St. Paul, MN 55101 Attention: Regional Administrator To the Commissioner af MNIB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 6S8 Cedaz Street St. Paul, MN SS15S Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Grantee and the Council, and their respective successors and assigns. Provided,however, that neither the Grantee nor the Council may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No chan.ge or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Grantee or the Council unless such change or madification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 7.17 Waiver. Neither the failure by the Grantee, the Council, or the Commissioner of MMB; as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof,nor the failure of the Grantee,the Council, or the Commissioner of MNIB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Grantee, the Council, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor sha.11 any single or partial exercise af any right or remedy preclude ofiher or further exercise thereof or the exercise of any other right or remedy. Section 7.18 Entire Agreement, This Agreement, the Declaration or Certification, as applicable, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Grantee and the Council, and there are no other agreements, either oral or written, between the Grantee and the Council on the subj ect matter hereof. 6� Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement sha11 be initiated, filed and venued in the State of Minnesota District Court located i.n the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court fo be invalid, then the remaining provisions shall remain in fu11 force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 7.21 Tinne of Essence. Time is of the essence with respect to all of the matters contained in this Agreexnent. Section 7.22 Counterparts. This Agreement may be executed in any nuznber of counterparts, each of which when so executed and delivered shall be an original,but such counterparts shall together constitute ane and the same instrument. Section 7.23 Grantee Financial Responsibilities. The Grantee must fulfill its financial responsibilities for the Project as shown on Attachment III to this Agreement. (If there are no matchiug funds requirements then insert the word"NONE".) Section 7.�4 Source and Use of Funds. The Grantee represents to the Councii and the Commissioner of MMB that Attaehment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories: (i) Stata funds including the G.O. Grant, identifying the source and amount of such funds. (ii) Matching funds, ident'tfying the source and amount of such funds. (iii) Other funds supplied by the Grantee, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the arnount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. 6933 (v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Grantee must provide to the Council and the � Commissioner of 1VIMB a detailed description of such conditions and what is being done to satisfy such conditions. The Grantee shall also supply whatever other information and documentafiion that the Council or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. The value of the Grantee's ownership interest in the Real Property and Facility should only be shown in Attachment III if such ownership interest is l�eing acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the G.O. Bonding I,egislation, be provided by either the Grantee. Section 7.25 Project Comptetion Schedule. The Grantee represents to the Cauncil ar�d the Commissioner of MMB that Attachment IV correctly and accurately delineates the projected schedule for the completion of the Project. Section 7.26 Third-Party Beneficiary. The Governmental Program will benefit the State of Minnesota. and the provisions and requirements contained herein are for the benefit of both the Council and the State of Minnesota. Therefore, the State of Minnesota., by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 7.27 Grantee Tasks. Any tasks that this Agreement imposes upon the Grantee may be perforrned by such other entity as the Grantee may select or designate, provided that the failure of such other entity to perform said tasks shail be deemed to be a failure to perform by the Grantee. Section 7.28 Council and Commissioner Required Acts and Approvals. The Council and the Commissioner �f MMB shall not (i)perform any act herein required ar authorized by it in an unreasonable manner, (ii)unreasonably refuse to perfarm any act that it is required to perfarm hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. 7(�4 Section 7.29 Applicability to Real Property and Facility. This Agreemenf applies to the Grantee's ownership interest in the Real Property and if a Facility exists to the Facility. The term "if applicable" appearing in cvnjunction with tYie term"Facility" is meant to indicate that this Agreernent will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Grantee's ownership interest in the Real Property. Section 7.30 E-Verification. The Grantee agrees and acknowledges that it is aware of Governor's Executive Order 08-01 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when appIicable, fully comply with such order and impose a similar requirement in any Use Agreement to which it is a party. Section 731 Additional Requirements. The Grantee and the �ouncil agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additianal requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. Seetion 7.32 Termination Due to Lack of Funds. Grantee recognizes that Council's obligation to reimburse Grantee for eligible Project costs is dependent upon Council's receipt of funds from the State of Minnesota appropriated to Council under 2010 Session Laws Chapter 189, Section lb, subdivision 3. Shauld the State of Minnesota terminate such appropriation or should such funds becorne wnavailable to Council for any reason, Council shall, upon written natice to Grantee of termination or unavailability of such funds, have no further obligations for reimbursement or otherwise under this Urant Agreement. In the evenf of such written notice to Grantee by Council of termination or unavailability of funds, Grantee has no further obligation to camplete the Grant Program as required by this Grant Agreement. Section 733 Grant Program Remain�ier Funds. Subsequent to Council approval of the final certifications of proj ect completion subrnitted by all grant recipients of UI Municipal Grant Program funds, the Council will determine whether any UI Municipal Grant Program funds remain available for allocation and disiribution to Granfees ("lZemainder Funds"}. In the event Rerriainder Funds are available, the Council may, at its sole discretion, allocate and distribute the Remainder Funds to grantees who have received I/I Municipal Grant Prograrn funds, provided, however, that such distribution, when added to ttie Grant Funds already received by any I/I 1�Iunicipal Grant Program grantee shall not exceed fifty percent (50%) of the eligible expenses for the Project. The Council will make such allocation and distribufion of the Remainder Funds in accordance with the C�uncil Guidelines for the UI Municipal Gratrt Program. Alternatively, at its discretion, the Council may roll the Remainder Funds into a subsequent I/I Municipal Grant Program or sirnilar eligible prograrn. 7�5 IN TESTIMONY HEREOF, the Grantee and the Council have executed this General Obligation Bond Proceeds Grant Agreement Construction Grant for the Fridley - Numbers 416, 420 & 425 Sewer Lining and Pipe Bursting Rehab Project on the day and date indicated immediately below their respective signatures. GRANTEE: City of Fridley � a Minnesota municipal corporation BY= Its: Mayor Dated: , And: Its: City Manager Dated: , METROPOLITAN COUNCIL: 5 By: Its: . Dated: , � Attachment I-A State of Minnesota General Obligation Bond Financed CERTIFICATION The undersigned hereby certifies as follows: 0 This Certification is being submitted pursuant to the Waiver of Real Property Declaration granted by Minnesota Management and Budget to Metropolitan Council for Municipal Publicly-Owned Infrastructure Inflow/Infiltration projects or the portions thereof which lie entirely within public road, street and highway rights-of-way and utility easements. Fridley certifies that Fridley has read and will comply with the terms and conditions of the Waiver of Real Property Declaration, a copy of which is attached as Attachment V to the Municipal Publicly-Owned Infrastructure Inflow/Infiltration Grant Agreement [No. SG2013-009] between Fridley and Metropolitan Council (the "G.�. Grant Agreement") and further, that the Governmental Program which is the subject of and described in the G.O. Grant Agreement qualifies for the Waiver of Real Properiy Declaration. The undersigned owns ❑ fee title to property and/ar � permanent easement andJor ❑other easement which meets the requirements of this Agreement for wastewater collection purposes and/or permit for pipe in [identifv Permittor, e.Q., Hennepin Co.] public right of way which meets the requirements of this Agreement for wastewater collection purposes and a wastewater collection system within the fee title, permanent easement, andlor the other easement and wastewater collection system being located in Anoka County, Minnesota. The fee title property, permanent easement and/or other easement and the wastewater collection system therein is referred to as "Restricted Property" and is described in Exhibit A attached hereto by legal description, narrative description or diagram. As the owner of the Restricted Property, the undersigned hereby acknowledges the following restrictions and encumbrances with respect to the Restricted Property: A. The Restricted Property is State bond financed property within the meaning of Minn. Stat. § 16A.695 that exists as of the effective date of the grant agreement identified in paragraph B below, is subject to the encumbrance created and requirements imposed by such statutory provision, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, or its successor, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and 73 ATTACHMENT 1- A B. The Restricted Property is subj ect to all of the terms, conditions, provisions, and limitations contained in the G.O. Grant Agreement. The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for as long as the G.O. Grant Agreement is in force and effect; at which time it shall be released therefrom by way of a written release in recordable form signed by both the Metropolitan Council and the Commissioner of Minnesota Management and Budget, or their successors, and such written release is recorded in the real estate records relating to the Restricted Property. This Certification may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget, or its successor. 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' �> i F ,^E. i��,_..:a�'.`.4*&�rw:� _�.a -�. .>.:d y.£� Attachment II to Grant Agreement LEGAL DESCRIPTIUN OF REAL PROPERTY (For Projects for which a Certification is being submitted, use the description attached to the Certification submitted.) 79 ATTACHMENT II Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PRQJECT Grantee's FYnancial Res�onsibility ,�.�� '� '� Sa�, �i<' - � �y:,�;:� ,be�'"i r+^� �'�� ��,� . . a�h '� II' 1 t� t� � � .����" L r,1 � ' `c� 4'`�"vl tCK�� ic �,� , ' � Cy� - .7�yi�' i i � .. �� �,y i P� +�� . p� i , y� #�+` . . ��4 �1���..!�` ' c `����'� .i ^F r.�* ��. � � 1� �� � r�` ��.�'�{^: � + �'.y' . �a�'v"a" rt,'� � a�-;tA'k�� ,_a- 5 �, ry�to-�'. � Ma�yf,"..C'�Ak4 1 $ 270, 150 . 00 $ }202 , 612 . 50 $. 67 , 537 . 50 250 2 $ 45, 285 . 00 $ 33 , 963 . 75 $ 11, 321 . 25 250 ' 3 $ 199 , 725 . 00 $ 149, 793 . 75 $ 49, 931 . 25 25% Note that if a project's final eligible capital egpenses are: 1) more than the Final Reinabnrsement Allocation percentage as determined by th� C.ouncil, no additional grant funds will be awarded, except as may be provided under section 7.33, and 2) less than the Final Reimbursemen Al�ocation percentage as determined by the Council, the percentage will not be increased so the amount eligible for reimbursement wil effectively be reduced. Note : Amount eligible in last two columns is amount of grant request, or 500 of total eligible �costs, which is 50% of total construction. � ATTACHMENT II i ; : - , , : ._;. _ �s��?:r����ee o��'untl� a ,: t-�, ���, ;� ����- ,# ��e of F��tds; ... �� :I � , sv . .. .... ....... '.. ... . .�-K.x_.._.Y. i.rsu,,..�:� � ...__ . . Identifv 5ource of ? Amount Identifv Items ; Amount i : Funds ; — —, _ __ _ _. _ _ : , - j r..r..�...�............r.r...._�.._.....�... �....._......__..._°_._.--•--._.._..__ � State G.O. Funds _ �_____________ Ownership Ac uisition _r_, � G.O. Grant � $12 8, 7 9 0 . o o and Other Items Paid � , ' � i_. ____....__._._. .... ._._.._ for ; � � ; with G.O. Granf Funds ; -- -- ----------...._---..._--- Other State Funds � Purchase of '; $ � --- -- � -------------- .� Ownerslup�__._----` ----- � $ Interest � ' $� Other Items of a ; ' C ital ` �..�,..._......0.................... Nature � __ �. . _. . � Sub-Total � $� 1 (P r o j e c t 416) E $ 6 7, 5 3 7 . 5 0 _-? 2 (Project 420)� ��� $ 11, 321 . 25 __ .. , .._.___.. ._ Matching Funds i 3 (Proj e c t 4 2 5) ; $ 4 9, 9 31 . 2 5 — ;-----�__._.__..----------------- ; CitY of Fridley i $ 386 370 00 SubTotal € $128, 790 . 00 . ...___.__...�_.._ �__ : Sewer Utility �$ ' Sub Total .�-.$ -._ Items Paid for with �`------�--- _ _._ _._._ ..�_._._ F � Nan- G.O. Grant Funds � -------._..----.._------------- . Other Grantee Funds ; 1 (Proj ect 416) i $ 2 02, 612 . 5 0 _..___.----------------------- ` $ 2 (Project 420) ; $ 33, 963 . 75 , _... _ 7 _ � $ 3 (Pro 'ect 425) � $149, 793 . 75 . .__._ ____ _.__ � Sub-Total � Sub Total ! �; $3 8 6, 3�o . o�o �� .__---,.._._.._.___.___._. . � Loans --�------.._..-------------------- : : E : �_ '_".'.._......_"_'.....""__""' . - � .. . ___'_ _.� . '_' . . Sub-TotaY ��._+`��`��.�...� __._ _�� _�_____..�.__�_�_._.�.�_._.____.._ � � — __��,_._. _�__. . � � ------------------------------ - Other Funds ; . _____..__._.._..__......_._ - - $---._... _� _: . �._ _ , - ---�--,_$ _ --�-------------._—° .�—_ Sub-Total ; ' _ —__._ �_._.. � `--- � � _..__.._..__..___._.._. _ Prepaid Proj ect '~ _ � i Egpenses ; , -- �...--------............._._._._...__ ____-__.�_----------�, - ' $ - � ---- .— ______._..;._ ._ ° . _ , � � $ i E • — �...... .......... ...... . . .... Snb-Total � $ ; �_.._�_.._._.._.._....- �.... . , ,.: �_.,_._.�.�.._._„_.� .._............. TOTAL FUNDS � $515,ul 6 0 . 0 0 TOTAL COSTS�____�� $ 515, 16 0 . 0 0 81 ATTACHMENT I�1 I , y At#achment IV fo Grant Agreement �'R�JECT DESCRIPTION �ND PROJECT �COMPLETION SCHED[ILE i 4 (see attached pages) I 82 A7TACHMEh17 l'�t' I CITY OF FRIDLEY Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Attachment N to Grant Agreement PROJECT DESCRIPTION AND PROJECT COMPLETION SCHEDULE The City of Fridley is proposing three municipal projects for funding through the Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program. These are identified by City of Fridley Projects No. 416 , 420, and 425, and are each exclusively for capital improvement rehabilitation construction of the Ciry-owned sanitary sewer collection system to reduce the amount of inflow and infiltration of clear waters into the City's collection system and the Metropolitan Council's metropolitan sanitary sewer system. These projects also extend the useful life of fixed assets (the City's sanitary sewer collection system). Each of these projects is eligible under the Metropolitan Council's 2012 Municipal Grant Requirements and Proposed Guidelines. There is no non-public benefit to the proposed projects. Benefits are anticipated to have a minimum 20-year life. The projects consist of Sewer Main Pipe Lining and Sewer Main Pipe Bursting, which are identified in the MCES UI Toolbox as effective methods of sewer collection system rehabilitation to reduce inflow and infiltration. These activities are 50%eligible according to the grant criteria developed by the Metropolitan Council staff. Attached for each project is a brief description of the work entailed for each respective project. A cost estimate and timeline for each of the three respective projects is included along with the description. The City of Fridley designs, administers, and inspects construction with in-house staff. No costs relating to these activities are included in the estimates provided. The City of Fridley has set a goal to rehabilitate half of its sanitary sewer collection system by the time it reaches 100 years of age. Funding through programs such as this one will help to make this goal achievable. These projects are more feasible presumi_ng some level of funding by this program. We are requesting 50% funding of eligible costs for City of Fridley Projects 416, 420, and 425 in this application. We do recognize that sufficient funding may not be available for 50% funding of all eligible costs, depending on this program's allocation and demand. 83 City of Fridlev Sanitary Sewer Linin�Project No. 416 The project includes the cast in place pipe (CIPP) lining of 0.77 miles of sanitary sewer main in five areas in 2012. A map identifying specific project locations is attached. The 5 areas are as follows: Area 416-A This segment of 8" diameter vitrified clay pipe is located under the centerline of 75th Avenue. The pipe traverses from Stinson Boulevard to Lakeside Road (506'). This segment includes cutouts for 9 residential service wyes to enable lining of the main. Area 416-B This segment of 8" diameter vitrified clay pipe is located under the centerline of 75th Avenue. The pipe traverses from Bacon Drive to Hayes Street (288'). This pipe segment includes cutouts for 10 residential service wyes to enable lining of the main. The segment between Area 416-A and Area 416-B had previously been lined. Area 416-C Area 416-C includes 4 segments of 21" diameter reinforced concrete pipe located in a utility easement in the rear yard of Cub Foods, under Interstate 694, atong rear yard of homes addressed on Altura Road, and under the pavement of Horizon Drive and Main Street. The total length of the 4 segments is 1,363'. Anoka County may require the segment under Main Street to be lined during off- peak hours to mitigate traffic impacts. This pipe segment includes no services. Area 416-D Area 416-D incfudes 5 segments of 21" diameter reinforced concrete pipe located along the center line of Main Street and within utility easements between Main Street and the Burlington Northern Santa Fe rail yard. The total length of the 5 segments is 1,602'. This pipe segment includes no services. Timeline: Design complete: April 2012 Letting: May 2012 Construction: July through October 2012 Final Payment: November 2012 See the attached estimate for cost information. 84 � � T L.! g Z � p U C J u � R° a �s � .f � � f,l .W � p Z Z Z � 76 AVE NE 76 AYE NE � � � > L � W W � . ' ...y RI. . q Z p .6 y Y �Y ..y=. a Q J � 2 � 75 AVE NE 75 HVE NE 75 AvE 2Q � 2Q7 2D1 4 N > V S � G7 ESiDE DR #.�EA �►B e A'�T1 �t A tl.RL ti lilti i � ,, AREA �'C y W Z � ~ � � v � �n�a� �i�"�j ``J :�� v 1MTER;TA7E filtil5/AY G�{ INt'ERSTATE klGtil4AY 89# �d� �0� z � � W -+ F. ] � y � a '� �` � H � � t}46 '�, � � i s � (� 2 N {- v F y. �NT � � 4co4o * ., '�'��4 � � 54 E �'�.{�4�L G�F' � 3 v }�p{tS . z W z o s z y � `' r- �� o ��� � � � � � a v � S1 R� � a 4co�s � � � P Z - � � q t � .�� "�" � NTS L � � �� DATE� JAN, �Q12 � � If� °r � �ANITARY SE1�/ER LINING PRQJECT #416 ��T TQ SCALE � AREAB�AP IIRAWN HY� LR� W v � W v � � 1 � � � v � � � � � v � � � � � � v P� �.J LLJ 1 � � � � v �� � v � v � ~� l�' J v �_)__� v � � � � v }--I � U v � I � v � � � v v v v � � � V � I V v v v < � ������ ����� < � � � � � � � � � � � � h�H 2Q174 TU MH �D172 � Le:g�nd # :,, cP - # 194 L.F. $ 1( 4 SERVLCES � ��� SAN SEI+�ER T� BE LINED o MH ALONG LININ� MH#2�172 T4 �IH�2Q174 � —>— EXISTING SAN SEWEf� „ � o EXISTICVG' MH 312 L.F. 8 VCP — 5 �ERVICE� � .� SANTTARY SEWER LINING PR�JEGT #�1f, DATE� .,�N. �o�� � F �� � ;. 7 5 T H A V E 1�l�E Na� =ro sca�� 86 A R E A �A� I�R�4WI� BY� LRCI v � E� A �/ E �! E W " � � � � 1 � � I � � v � � v. v � � v v v 7 � A �/ E �IE v < < C tl�■�t'�■��tl���---G < <' < � ` � � � � � � a � � � n � � � n � � f ^ " V J � � W � � >- a N � � � � � � = Q. � � <-_.____� r-� � � ���e� a � ��� SAN SEWER TC3 BE LINEa MH#2D1 f� T4 #2D154 z � o MH ALOI�G LINING 288 L.F, 8" V�GP — 1� SERVICES � >— EXI�TING 5A1V �EWEf� � � a EXISTIfV� MH � .��..� SANITARY SE�v'ER LI DATE� JAN. �012 � � ,� f�II�G PR�JECT #41b 75TH AVE�ILIE NOT Tp �CALE 87 AREA �B� I�RpWN BY� LRO v �� � � � � � IN7ER5TATE HI�HW�Y �94 IN7� ��� �� �-�� �J � �`■<��` �+r�..��.■�■ �8 � � � T� L�1 � Z � � �- � � `� � � �<� �. � � : � � � � � ,�, � � � � -� � � �. � � � � � �. 4� � �� � �. � -'� � � � L�g en d MH�4AOD4 TO MH�4Ca52 � 4{�t? L.F. 2�'� RCP —� SERVICES ° �>� SAN SEWER T(� BE LII�ED . a N1H ALONG LINING I�H�4C052 TO MH#4CQ50 >— EXISTING SAN SEWER 33Q L.F. 21" RCP — 0 SERVICES o EXISTING MH � (NH#4C054 T(3 MH#4CD�8 � 2�U L.F. 21" RCP — C} �ERVIGES � MH#4C�48 TO MH#4CQ4fi � �63 L.F. 21" R+CP — (} SERVICES � � � ��� SAh�ITAR1f SEWER LINIIVG PR�JECT #416 DATE+ JAN, zoi� � � �. --� � � � � _ � CITY EA�EME�IT — I�►94 — MAIN ST M�T Ttl SCALE I _ 88 A R E A �C� DRA�/N BY� LR� � _ _ � J � � �-� C� �-� �' �� �� � / � � � � � � _ .�-=o'"' � o � „ �-�,��� � 4� �4� 4� � 4-4 �s<�.w���"��<'�'.<'r'� /'�. � 4� � 4� -�-�-�'� �`� �__�_.�-> c� � �� �, ����z � � � � ��---. ! �-� � 3 � ,� �---' c„ �>--�! � �2� � ��� y z � � � `� � � � �-� Q � � � � � > � Q ��C��� � �iM��C�46 TO MH#4�Q44 � � ,36� L.F, 2� " RGP -- Q �Ef�1lICES � �>� �AN SEiNEF� 1C? BE LINED % � MH ALONG L(N(NG MH�4CQ44 T� MN��C(�42 �� �— EX[�T(t�G �A�t SEWER 33Q L.F'. 21" RCP – a SERUC�ES o E?4lST�NG MH � � MN�4Ct}�2 T(? MH�4CC}4D � �49 L.,F. ��" R�P �- Q SER�/I�E � I�H��CQ4Q TC� MH#4C�38 � 33G1 L.F'. 21" hCP �- � SER1tlCE5 . � � NiH�4Ct}38 Tt) MH,�4�#�3f � 33(3 L:F. 2� RCP -- Q �ERVICE � -- � �..�..�° SANITARY SE�,/ER LININ� PR�JE�T #41�i ��rE' �ar�. �o�� � � =���� �� � � � � � � t�E�t TC� SCf��.E � MAIN �TREE� — �TY EA�EMENT � � A R E A y D" ���w� BY� �.�a _ E' � CITY OF FRIDLEY UPDATED ESTIMATE OF COST 2012 SANITARY SEWER LINING PROJECT CITY PROJECT NO. 416 OCTOBER 26, 2012 ESTIMATED WORK ITEM NO. DESCRIPTION UNITS QUANTITY Unit Price Total Price 1 MOBILIZATION LUMP SUM 1 $ 10,000.00 $ 10,000.00 2 TRAFFIC CONTROL LUMP SUM 1 $ 5,500.00 $ 5,500.00 3 8"VCP SANITARY SEWER LINING LF 1098 $ 32.00 $ 35,136.00 4 21" RCP SANITARY SEWER LINING LF 2968 $ 73.00 $ 216,664.00 5 UT ERVI E LATERAL EA 19 $ 150.00 $ 2,850.00 TOTAL $ 270,150.00 , 90 Page 1 of 1 10/26/2012 Citv of Fridley Sanitary Sewer Pipeburstin�Project No. 420 The project includes pipebursting of 304 feet of sanitary sewer main in one location in 2012. A map identifying this project location is attached. Pipebursting was selected as the method of rehabilitation due to sags found upon inspection of the main, and after a review of alternative costs. Area 420-E This segment is 8" diameter vitrified clay pipe located under 53rd Avenue. The pipe traverses from 4'h Street to University Avenue (304'). 53�d Avenue is shared with Columbia Heights and will require coordination with their Public Works Department. This pipe segment includes no services. Timeline: Design complete: April 2012 Secure Proposals: May 2012 Construction: June through August 2012 Final Payment: October 2012 See the attached estimate for cost information. 91 �85^th Avenve �� � �n j 1 i< t H � dZ � � O T � � � f v S 1� � j ` �� `� � Q � � NTS � ul L ` � ` � N 7 �� 7 \ Osb�rr:e y`� ,� Q � � �C � �� � � > � 73r Averiue �r Av°^��� LY � S £ L a _a° --�," > � n Ric CrQek � � � N i aa� � 7 r nce � � � En � t j ' t s \ � . ` 5� � strQe ��� '�� �a � —' � I^=` d � � nzi 6 a y � C 6 ven�e M y � N —N � WJJ�ll�� Ln�Cee/ sa f ` S t P � � � � � L�'.SI� � a � �,:' rdenn v�� `� � � ,Q o ° � � � _ � �. Z - w i � � � r �N �� IntN ut ghway b94 � 5 "1 � � t ~ U �'`-1I a� ' _ o ! p 1 , , a � 3 , �� � � � a � � �� � „ „ � �. AREA E g � � r � i � � 1 ,,� _ `�1 � e a �i 9 � DATE� JAN, 2012 � CITY OF FRIDLEY PIPEBURSTING PROJECT 420 � _ N❑T T❑ SCALE � CITY �F FR��LEY MAP DRAWN BY� LR❑ � � � t � � � v � l � v V - v W z � � }---- v � � � I � � � � 4Q � � 4 � 2 < < < < < _���� < < < < < o < < < < < � 53 A � E NE � " � � I _ __ , _ _. � � o � � N � � � � � � o I v � . = Legen d MH#4D002 T� MH#4D00� � �>� SAN SEWER TO BE LINED 3�4 L.F. 8'� VCP — 0 SERVICES � o MH ALQNG LINING � g >— EXISTING SAN SEWER � a E7fISTING MH � � _- ----_._. DATE� JAN. 2012 CITY OF FRIDLEY PIPEBURSTING PROJECT 420 �` 5 3 R D E N U E �1❑T TO SCALE �� :� __ A R E A �E" DRAWN BY� LRD � ---- CITY OF FRIDLEY UPDATED ESTIMATE OF COST 53RD AVE. SANITARY SEWER REPAIR CITY PROJECT NO. 420 OCTOBER 26, 2012 ESTIMATED WORK ITEM NO. DESCRIPTION UNITS QUANTITY Unit Price Total Price 1 Mobilization LS 1 $ 2,000.00 $ 2,000.00 2 Remove Existing Pipe LF 30 $ 6.00 $ 180.00 3 Remove Pavement SY 100 $ 8.00 $ 800.00 4 Connect to Existing Manhole EA 2 $ 2,250.00 $ 4,500.00 5 F&I 10" PVC LF 30 $ 86.00 $ 2,580.00 6 Pipeburst Ex Sanitary 8"VCP w/ 10" HDPE LF 280 $ 75.00 $ 21,000.00 7 10" CL5 Agg TN 60 $ 28.00 $ 1,680.00 8 Traffic Control LS 1 $ 4,900.00 $ 4,900.00 9 Erosion Control Measures LS 1 $ 500.00 $ 500.00 10 Sewer By-Pass LS 1 $ 5,500.00 $ 5,500.00 11 ervice e-connection Bona-Bros LS 1 $ 1,645.00 $ 1,645.00 TOTAL $ 45,285.00 94 Page 1 of 1 10/26/2012 Citv of Fridley Sanitary Sewer Linin�Project No. 425 The project includes the cast in place pipe (CIPP) lining of 0.43 miles of sanitary sewer main in one area in 2013. A map identifying specific project locations is attached. The area is as follows: Area 425-A Area 425-A includes 1 segments of 21" diameter reinforced concrete pipe located within an easement along the Burlington Northern Santa Fe rail yard. The total length of the segment is 2,263'. This pipe segment includes no services. Timeline: Design complete: April 2013 Letting: May 2013 Construction: June through September 2013 Final Payment: October 2013 See the attached estimate for cost information. 95 ���,� � ,- -� ----� _ , , ,t ��. 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AREA �,A,; -. x� � : � t � ; 5�� 3 'k i '��4� 3 z � . ���� e i E � b i'�`� y � ��.-, i { �✓.u�5«•:„.',,,; ii �i �� �$ � E ��;, `�� W 1 a � � � ; � j = T T tl' � � ��� O � �'j 2 P �" � � ° � �'a� ~$� S y����`«..«.��f..R# .......; +�y. � ..,.... _. d '� � � ,:::� 2 � � F ,�j g � � 1 :1 f � � �� .w.�_.�i� �l3 � �. ���m: � _ _ nar�� acr. ���� , �� � SAN�Ti�(�� SEWER LIN��IC PRDJECT' #4�� N�r -ro sc�L� 0 CIfiY ❑F ��DLEY MAP DRAWN �Y= RRS � W C 5 � � � d � � � � � �1�,��� . 3 � � � �.�---)-�p,��' �L � �j� �-�'Q�'�- �---_>-� � CAPITCIL � �. � � � �-��J�� � � � -, � W �-���� I � �.� � � � �, � �. � � � �- oz� � _ �, z � � � � I � � � -� � � L����� MH#4CO3fi TO MH�4C034 338 L.F. 21" R�P - �} SER�/ICES �>�-�- SAN SEW��2 7`C} �E L1N��} a MH AL�hJG LINING MH�4C034 TO �MH�4-0032 � —>— EXISTING SAN SEWER 333 L.F. �21" RCf' - b �ERVIGES � a EXISTING MH � MH#4�0�2 TO MH�4C43{3 � ��7 L.�'. 21" �CE� --• � SE1�1fICE5 $ � MH#�CO�C3 TO MH�4CO2$ � .�58 L.F. 21" RCP - 0 SERVICES � �-� ��1�lITAf2Y S�WER LI�ING P'�€�JE�T #4�5 n'��`�t nc�. ��a�� � ��� � � � � MAIN STREET �- I�Y EASEMENT NEJT 'fD SCAL� 9� AI��A �A" ��Awr�_ ��t �r�s . > l � � � � v 1�--� G�3 � �LCJ � = v Z � � � � � d = �� � � � 4 026 ,� � _ b �- 02� " _ , - Pa�o�AMa �{�2 2 �,—> �7BI�ALT�� PILOT �VE ��d�� ��� �—� � � � , V L _ C� �'� ��� L��end '>-- SAN SEWER TO BE LINED MH��-C�328 T� MH#4CO2fi o MH ALC}NG LIJ�ING 218 L.F. 21 RCP – 0 SER\/(C;ES —>— EXISTING SAN �EWER � EXIST(t�G MH MH�4CO2fi T� MH#4C0�4 ..� S1 L,F. 2�" RCP - 0 SERVIGES � � � t��l#�G0�4 TQ N1�1�4CQ�� � �39 L.F. 21,' RCP - 4 SERVICES � � � MH�4C0�2 TC} MH�4CO20 � 339 L.�`. �1" �CP �- t� SERVIC�S .� � �` SANITARY �EWER LINING PR�JECT #�'S n�7�t �cT, 2°lz � ,, � ° MAI�J �fiR��T �9��TY EA��MEN�' N��` r� sca�� � A R E A "f�� naawt� sr� R�s � CITY OF FRIDLEY UPDATED ESTIMATE OF COST 2013 SANITARY SEWER LINING PROJECT CITY PROJECT NO. 425 OCTOBER 26, 2012 ESTIMATED WORK ITEM NO. DESCRIPTION UNITS QUANTITY Unit Price Total Price 1 MOBILIZATION/ BYPASS PUMPING LS 1 $ 25,000.00 $ 25,000.00 2 TRAFFIC CONTROL LS 1 $ 5,000.00 $ 5,000.00 3 8"VCP SANITARY SEWER LF 0 $ 30.00 $ - 4 21" RCP SANITARY SEWER LF 2263 $ 75.00 $ 169,725.00 5 UT ERVI E LATERAL EA 0 $ 200.00 $ - TOTAL $ 199,725.00 99 Page 1 of 1 10/26/2012 Attachment V to Grant Agreement WAIVER OF REAL PROPERTY DECLARATION -- ���������# �,�������'��i����� ���.����� a�i�,�o�a ��-�.�u. ���� ��������� ������ ��n��s�� ����.r,�r �siai Re: `vaiver af��r 37!e�3�tiau—2o121WF�o�ra�Ii:fl�Gi��I�#2�v and ra►filtr�t�aa�ir�4s �}�ear A+fr.r`►tkias: I�v�reviezv�d yaur ki��r�3�13,241 Z req��tm.g��ai�t p��t tv Sec�an 7.4?{b}aP��d �rdsr Ammdin�Qrd��fi"�a=-�=��-�°=-af Fin�da���st 2+5,?414�tt�e`�Ca��i�e�'�Q�rder"�af� regus"r�a�nt t�#�r�al��rati�b�tzcvad�ed in c,��va��to mc�rop�lita�-�e.�c�t�a �dt�s inflaw��ic�Itra�a ia�tar.�samitar���es�er co�c�u�tr��t1�Ni�ro�rralit�n C� �'}��r�i��.anrs�t1���3a��17,su.bd�3. In r�sponse to��smr�e���e►*ai�t�r�qu�ment t�ai a��?ae reso�ed for the porti��af�gr�je-.ts w�li�e�sely�,3�n p�.raa�s�eet and Fu�hn�y si�-4f��auci�tp easeme�_ Hcr�a eve�� d�tion�-sII�3#��e�s€�aad tecordeti fear�j�#i���f a�e�t��ir�i is cr�la�ad�fsic�of s� ��. F°P�e unte t�at t}�is l��mt�r�as:�$ae rec�rt:��=�t i}�3����e r�s�ded. The�#��1 re�cia:cc bc��-�nc�p�r�seat����ec3�u�ll t�e at�g re€j„jui�n,�+r�'�u�.5iat.S�c.t�P..69S a$d fl�e �o�onai�ica�r's C}rd�r. Tlxis vrair�s is c--a�andaiti�na3.�€��e�iv�g�ai�d ca�sy�#3�c 6�d-frn�ed ga�prsty Cea�.c�a ia� €�t.�rh,icl�ths�cfa���'����is 6eta ra�.g£�ar��fi���241f��8i1 ba�sg��'����� e��grax�t�e vgha�rr��s�k f�am thia�m�ram,�wi�i�,�����gea tl�t i��c� p�s�cty�t�+�d-f��ct��,�us��s�b�e�t t�r alf t�c�r�s c�'I+r�i�n.�`�.���4��� �d t�e Commis�'��er_ �,g�eotc�ea�ry flf e�ch si���s��s�c�Id 6�s�to Gay�r€�t�C� Sua�g�t Coo�d�r�i��-���g�m�nt&Bme�et,at t�e�s�_ �i�grely, �°^�'�".�„",,._..�.� �_..,.� ��.�. �� � a��s��� , c������t �: ���a�� �a�OA��,�e��Q�t� ��.41� �G�TI@�8�E3,��feA�Q��Sil i.—�Cl`"�,�'�F�'flSS��s';i-`�. --�>'f3�_;li� T�a�^.�C���2ili-SGQ6-Fa�{5�1}��ti-�� : i-��,_3-w �n Eq�-3 Cr;�paet��'E��'�' 100 � AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 25, 2013 arr oF FRIDLEY INFORMAL STATUS REPORTS 101 � � ClTY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 25, 2013 7:30 p.m. — City Council Chambers Attendance Sheet Please nrint name, address and item number vou are interested in Print Name (Clearly) Address Item No.