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CCA 10/08/2012 1� � CITY COUNCIL MEETING OF OCTOBER 8, 2012 CffY OF FRIDLEI' The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Student Foreign Exchange Week: October 8-14, 2012 Anna Juurinen - Finland Gergo Kruppa — Hungary Ingvild Sanaker — Norway Seishu Sata - Japan APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 24, 2012 OLD BUSINESS: 1. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #12-01, by MDW Equity, LLC, Generally Located at 6101 University Avenue N.E) - Ward 1 ....................................................................................................... 1 4 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 8, 2012 PAGE 2 /_1»:Z�1%1 ��] � �:Z�] I�I-y � �IK�] � E-y �► � r_[r] �► I �7_� NEW BUSINESS: 2. Receive the Minutes of the Planning Commission Meeting of September 19, 2012 ................................................................... 5- 8 3. Resolution Confirming the Statutory Level of Tort - imits ....................................................................................................... 9 0 4. Resolution Authorizing Signing an Employment Agreement between Certain Employees Represented by Local No. 1986 ................................................................... 11 - 37 5. Resolution Designating Time and Number of Council Meetings for 2013 ............................................................................ 38 - 40 6. Motion to Receive the Fiscal Year 2013 Budget forTwin Cities Gateway ............................................................................... 41 - 43 7. Commission Appointment — Appeals Commission ....................................... 44 8. Claims (156790 — 156956) ........................................................................... 45 - 58 9. Licenses ....................................................................................................... 59 - 60 10. Estimates ..................................................................................................... 61 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 8, 2012 PAGE 3 /_1 �Z�] i � C�] � [�] �_[r] � � I �7_�1 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: 11. Consider the Proposed Assessment for Street Improvement Project No. ST. 2012-01 ......................................................... 62 - 63 12. Consider the Creation of Tax Increment Financing DistrictNo. 21 ............................................................................................... 64 NEW BUSINESS: 13. Resolution Adopting Assessment Roll for the 2012 Street Improvement Project No. 2012-01 ............................................ 65 - 70 14. Resolution Creating Tax Increment Financing DistrictNo. 21 ............................................................................................... 71 - 91 15. Special Use Permit Request, SP #12-05, by Archnet, Inc., on behalf of Furniture Outlets, USA, to Increase the Lot Coverage from 40% to 44°/o to Expand the Existing Building at 5401 East River Road; and Resolution Approving Special Use Permit, SP #12-05 for Archnet, Inc., on Behalf of Furniture Outlets, USA, Generally Located at 5401 East RiverRoad (Ward 3) .................................................................................... 92 - 98 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 8, 2012 PAGE 4 NEW BUSINESS (CONTINUED): 16. Resolution Authorizing Execution of a Source Water Protection Grant Agreement with the Minnesota Department of Health for Unused Well Sealing in the Cities of Fridley and Spring Lake - ar ....................................................................................................... 99 08 17. Receive and Reject Bids for the Police Garage Roof Repair Project No. 414 ............................................................ 109-110 18. Informal Status Report ................................................................................. 111 ADJOURN. _ _ ��I ' I�II 1 li , I !L�/i �/�/�! Student Foreign Exchange Wee1�r October 8- October Z4, Zo1Z . , WHEREAS, our community's greatest asset is our youth; and WHEREAS, the American Field Se�vice (AFS) organizes and administers a prog�am which brings students from around the wo�•ld to ou� communitv; and, WHEREAS, this interchange of culture and philosophy contributes to the education and maturation of our youth ifa many and varied ways; and, WHEREAS, it is the desire of the City of Fr•idley to show its appr•eciation and support to ouN distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor for the City of�Fridley, hereby proclaim OctobeV 8 througla October 14, 2012, as Student Foreign Exchange Week, IN HONOR OF SEISHU SATA FROM JAPAN BE IT FURTHER RESOLVED, that Seishu be made an honoNary citizen of the City of�F�idley, Minnesota, during his stay. IN WITNESS WHEREOF, I have hereunto set �ny hand and caused the seal of the City of Fridley to be affixed this 8th day of October; 2012. Scott J. Lund, Mayor _ _ I�J � �i�� i� l�Gr/� �//�r! Student Foreig�n Exchang�e Wee1�r October 8- October 1Q, Zo1Z 3 � WHEREAS, our community's greatest asset is our youtla; and WHEREAS, the American Field Service (AFS) organizes and administers a prog�am which brings students fr�orn around the world to our cornrnunity; and, WHEREAS, this interchange of culture and philosophy contributes to the education and maturation of our youth ifa many and varied ways; and, WHEREAS, it is the desire of the City of Fr•idley to show its appr•eciation and support to ouN distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor for the City of�Fridley, hereby proclaim OctobeV 8 througla October 14, 2012, as Student Foreign Exchange Week, IN HONOR OF ANNA JUURINEN FROM FINLAND BE IT FURTHER RESOLVED, that Anna be made an honorary citizen of the City of'FVidley, Minnesota, during her stay. IN WITNESS WHEREOF, I have hereti�nto set rny hand and caused the seal of the City of Fridley to be affzxed this 8��'� day of October, 2012. Scott J. Lund, Mayor _ _ '��°' "�%r,J , ��I� i, �� l�Gr/r �//rr! , Student Foreig�n Exchang�e Wee1�r October 8- October 1Q, Zo1Z , ,j WHEREAS, our community's greatest asset is our youtla; and WHEREAS, the American Field Service (AFS) organizes and administers a prog�am which brings students fr�orn around the world to our cornrnunity; and, WHEREAS, this interchange of culture and philosophy contributes to the education and maturation of our youth ifa many and varied ways; and, WHEREAS, it is the desire of the City of Fr•idley to show its appr•eciation and support to ouN distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor fo� the City of FNidley, hereby proclaim Octobe� 8 through October 14, 2012, as Student Foreign Exchange Week, IN HONOR OF INGVILD SANAKER FROM NORWAY BE IT FURTHER RESOLVED, tliat Ingvild be made an honorary citizen of the City of Fvidley, Minnesota, during her stay. IN WITNESS WHEREOF, I have hereti�nto set rny hand and caused the seal of the City of Fridley to be affzxed this 8��'� day of October, 2012. Scott J. Lund, Mayor _ _ '��°' "�%r,J , ��I� i, �� l�Gr/r �//rr! , Student Foreig�n Exchang�e Wee1�r October 8- October 1Q, Zo1Z , ,j WHEREAS, our community's greatest asset is our youtla; and WHEREAS, the American Field Service (AFS) organizes and administers a prog�am which brings students fr�orn around the world to our cornrnunity; and, WHEREAS, this interchange of culture and philosophy contributes to the education and maturation of our youth ifa many and varied ways; and, WHEREAS, it is the desire of the City of Fr•idley to show its appr•eciation and support to ouN distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor fo� the City of FNidley, hereby proclaim Octobe� 8 through October 14, 2012, as Student Foreign Exchange Week, IN HONOR OF GERGO KRUPPA FROM HUNGARY BE IT FURTHER RESOLVED, that Gergo be made an honorary citizen of tlae City of Fridley, Minnesota, during his stay. IN WITNESS WHEREOF, I have hereti�nto set rny hand and caused the seal of the City of Fridley to be affzxed this 8��'� day of October, 2012. Scott J. Lund, Mayor CITY COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 24, 2012 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:34 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Darcy Erickson, City Attorney Jim Kosluchar, Public Works Director Scott Hickok Community Development Director Darin Nelson, Finance Director Kay Qualley, Planning Intern Julie Jones, Planning Coordinator PROCLAMATIONS: Domestic Violence Awareness Month: October, 2012 Fire Prevention Week: October 7-13, 2012 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 10, 2012 Councilmember Saefke asked on Page 9, if the second sentence in Paragraph 8 could read: "He knows they talked about this issue on priot proposed developments there." On Page 10, he asked if the second paragraph could begin with: "Councilmember Saefke asked if we..." APPROVED AS AMENDED. NEW BUSINESS: 1. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #12-01, by MDW Equity, LLC). FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 2 William Burns, City Manager, stated this is the first reading of the ordinance providing for the rezoning of the CITGO property. The owners, MDW Equity, LLC, have asked that the property be rezoned from C-3 to C-2. Since current lot size and setback regulations in the C-3 section of our code prevent the construction of a new building on this lot, and since G2 requirements do allow the construction of a new building in this location, staff recommends Council's approval. WAIVE THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE ON FIRST READING. 2. Resolution Directing Preparation of the Assessment Roll for the 2012 Nuisance Abatement. William Burns, City Manager, stated the list includes forty properties owing a total of $31,698. Staff recommends Council's approval. APPROVED RESOLUTION NO. 2012-66. 3. Resolution Directing Publication of Hearing on the Proposed Assessment Role for the 2012 Nuisance Abatement William Burns, City Manager, stated that the public hearing is scheduled for October 22. Staff recommends Council's approval. APPROVED RESOLUTION NO. 2012-67. 4. Motion to Receive and Reject Eids for the Fridley Municipal Center AV Systems Project William Burns, City Manager, stated the bids for replacement of audio and video systems in the Council Chambers were opened on September 6. Only one of the three bids was complete; however, the amount was higher than staff's estimate. Staff is therefore recommending Council reject all bids. As an alternative to re-bidding, staff is investigating the purchase and installation of this equipment through a national purchasing cooperative known as the National Joint Powers Alliance. RECEIVED AND REJECTED BIDS FOR THE FRIDLEY MUNICIPAL CENTER AV SYSTEMS PROJECT. 5. Claims (156642 —156789). APPROVED. 6. Licenses: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 3 7. Estimates: Midwest Asphalt Corporation 5929 Baker Road Suite 420 Hopkins, MN 55345 2012 Street Rehabilitation Project No. ST2012-01 Estimate No. 3 ..........................................$203,142.06 Penn Contracting, Inc. 13025 Central Avenue Suite 200 Blaine, MN 55434 53rd Avenue Sanitary Sewer Repair Project No. 420 FINAL ESTIMATE .......................................$2,411.25 Penn Contracting, Inc. 13025 Central Avenue Suite 200 Blaine, MN 55434 2012 Miscellaneous Concrete Repair Project No. 417 Estimate No. 3 .............................................$19,533.28 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked on Item No. 4 what the next step would be for bidding out the AV Systems Project. William Burns, City Manager, said the project will go out for bid again and staff will alter the specifications for contractors. MOTION by Councilmember Barnette to approve the Consent Agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 4 ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda with revised numbering. Item No. 12 becomes Item No. 8 and original Item Nos. 8 through 11 to follow in order. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: No one from the audience spoke. NEW BUSINESS: 8. Approve Change Order No. 1 for 2012 Water Main Project No. 404 and Jackson Street Improvement Project No. 413. Jim Kosluchar, Public Works Director, stated this project contract is with GM Contracting in the amount of $496,699.01. While GM Contracting provided the low responsive bid for the combined projects, staff recognized that unit pricing was high for certain items and low for certain items. Staff requested GM clarify its pricing, as it has an impact on utility funding and application of special assessments. Mr. Kosluchar said GM Contracting provided adjustments to unit prices that are reflected in the revised schedule of unit prices. This reflects actual costs of the storm sewer and water items and allows the residences to be assessed accurately. Staff recommends Council move to approve Change Order No. 1 to GM Contracting in the amount of $0.00. The amount of the total contract remains unchanged. This change order will revise the unit pricing in accordance with the attached schedule. Councilmember Bolkcom noted that the prices on page 45 changed and these were the revised prices. Mr. Kosluchar said this price is based on estimates and the total project cost has not changed. Gwen Nawrocki stated she lives on Jackson Street and they love the improvements. They did note that the quality of the grass seed that was used was not very good and a lot of quack grass grew. Mayor Lund said this has been a problem all over the City because of the extreme heat and drought. Mr. Kosluchar said CenterPoint has made efforts to correct the poor timing on the seeding but this was the first he heard of an issue on Jackson Street. He will follow up on this area. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 5 MOTION by Councilmember Saefke to approve Change Order No. 1 for the 2012 Water Main Project No. 404 and Jackson Street Improvement Project No. 413. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 9. Consider the Proposed Assessment for Jackson Street Storm Sewer Project No. 413 MOTION by Councilmember Saeflce to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:05 P.M. Darin Nelson, Finance Director, stated this project came to about by a petition request from a majority of the residents along the 7300 and 7400 blocks of Jackson Street. The assessment pertains to the installation of a storm sewer pipe on each side of Jackson Street and the connection of private sump pump service lines. The assessed portion of this project is approximately $58,000. Mr. Nelson stated all property owners are contributing 50% of the storm sewer pipe and installation costs. The City's portion of the costs will be funded through the available Storm Sewer CIP budget. Property owners were allowed to connect their existing sump discharge pipe or extend a service line to their property, with the associated costs being equally shared by the property owner and the City. Property owners were responsible for the costs of running the service line to their house and any connections required. Property owners were presented with the service line costs and had the option to select construction based on the contracted rate, or obtain their own contractor for their portion of the work. Mr. Nelson stated the base assessment per property is $1,320 and the total number of properties subject to this assessment is 22, with a total assessed cost of $31,800. Each property is proposed to have an assessment in the range of $1,320 to $1,560, depending on what services were performed by the City's contractor. The assessment payback period is 10 years, and payments are subject to a 5.25 percent interest rate. Property owners have until the close of business on November 21 to pay all or a portion of the assessment interest free. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 6 Mr. Nelson stated a deferral option for retired or disabled property owners is available for homestead properties. Qualifying factors include: � Owner is at least 65 yeats old; ot, � Owner is retired by virtue of permanent or total disability, and it would be a hardship to make payment. • Application for deferral must be made within the first thirty days after the final assessment rolls ate apptoved by Council. • Following income guidelines are met: Special assessment exceeds 1% of AGI, or household income is below the Very Low Income threshold as defined by CDBG. Staff recommends the public hearing be opened for public comment. Councilmember Saefke asked if the assessment amounts were what staff told people they would be. In other words, there will be no surprises to the homeowner. Mr. Nelson answered there is about a$5.00 difference, so the difference is not significant. Councilmember Bolkcom asked if staff heard from any othet- homeownet-s about this notification. Mr. Nelson answered no. Jim Kosluchar, Public Works Director, answered no. MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTiON CARRiED UNANiMOUSLY AND THE PUBLiC HEARiNG WAS CLOSED AT 8:09 P.M. 10. Resolution Adopting Assessment for the 2012 Jackson Street Storm Sewer Improvement Project No. 413 MOTION by Councilmember Saefke to adopt Resolution No. 2012-68. Seconded by Councilmembet Vatichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 7 1 L Motion to Receive the Fridley Pedestrian and Bicycling Transportation Study and Direct Staff to Proceed with the Creation of an Active Living Plan. Kay Qualley, Planning Intern, stated that Fridley has shown a steady increase in non-automobile transportation. More Fridley (and other Twin Cities residents) are walking and biking to work, school, shopping and parks. Increased use of city roads and walks by multiple modes of transportation means safety issues will become more complex. Higher gas prices and a sluggish economy are also factors. Ms. Qualley said Fridley has retained the same percentage of school age youths, so routes to schools are still an area of emphasis. Along with Anoka County, the Fridley's population is aging and they may be health and mobility issues, but unlike Anoka County, the percentage of households with children remained constant. Ms. Qualley stated the new State of Minnesota Department of Public Health guidelines advocate increasing active living choices like biking and walking by incorporating them into daily activities such as work, errands, and recreation. Most short trips by autos are taken within a 1/� mile radius of home. The Statewide Health Improvement Program (SHIP) grant allocated Fridley funds in 2009. Fridley received and accepted a smaller grant ($18,000) for 2012-2013. The SHIP GRANT from 2009-June 2011 was used to complete two action steps from the 2030 Comprehensive Plan. SRF (engineering research firm) consultants concentrated on two intersections selected from the Comprehensive Plan--University at 57�' and at 61st, based on where Fridley might have a walkable city center or central business and commercial hub in the future. Ms. Qualley stated the East River Road Corridor Study created biking action steps for the future and an active living plan including walking action steps or policy statements and enforcing crosswalk regulations. This would allow for ticketing of drivers who do not stop for pedestrians in crosswalks and educate pedestrians about crossing against the light. Ms. Qualley stated it would be good to work with the Fridley school system and Anoka County to implement Safe Routes to School education. Walkers want to be separated from fast-moving bicyclists. Also, we could improve maintenance of walks by enforcing the city code requiring adjacent property owners to shovel sidewalks and maintain bus stops. We could implement short-term SRF suggestions for safety of pedestrian crossings at key intersections within a 1/2 mile of schools and shopping districts, and collaborate with county and state agencies. Ms. Qualley stated that Fridley should take advantage of existing programs like Safe Routes to School. Progress was made as we transition into a more walkable and bikeable community, but we have a long way to go to safely co-exist on city roads and walks. Future steps include transition infrastructure to handle increased multi-modal uses (funding) and a pedestrian bridge over I-694 on Main Street. We also need to educate pedestrians, bikers and drivers about safely co-existing. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE S Ms. Qualley stated the next steps after the 2010-2012 City of Fridley Pedestrian and Bicycling Transportation Study are for Council to make a motion to receive the study. This will allow an opportunity for feedback and for including new data into future projects. A new smaller SHIP grant is underway and will conclude in June of 2013. It will create an Active Living Plan for Fridley, and adopt it into the City Zoning Code to guide where non-motorized transportation amenities should be added by developers in future construction projects outside TOD. Mayor Lund thought it would be a good idea to incorporate a living plan into non-TOD areas but it could be costly to an area other than the TOD. Ms. Qualley noted the ACCAP project incorporated bike racks into their development plan. Julie Jones, Planning Coordinator, stated currently the City does have some regulations in zoning codes that suggest installation of bike racks, and some section of codes do require sidewalks. The next step may be to make recommendations to make changes in the City Code, and instead of suggesting bike racks, for example, it will be a requirement to accommodate those who ride bikes. There are places where the City can make changes to improve the City Code. Mayor Lund agreed that businesses should partner and see that it is a good thing for a business to make accessibility for other ways of transportation than just by car. Councilmember Saefke noted that Pages 103 and 104 of the pedestrian study are missing. Ms. Qualley answered that will be repaired prior to Council approving the final version. Councilmember Bolkcom also noted that there are a lot of typos; especially on Page 10. Ms. Qualley said in the final version she will spell out the descriptions in more detail and correct the typos. Councilmember Bolkcom asked what commitment there would be if this is approved tonight as it involves a lot of money. She suggested having a conference meeting to discuss this in further detail before it is approved. She asked what the next process would be and who would maintain all of this. It is a great plan if it could all happen, but she was concerned where the money was going to come from. Ms. Jones noted that this is not a plan but a study. This is the ground work to start to put together a plan. Staff has a lot to gather before they will be ready to put together a plan. Tonight staff is asking Council to accept this as data and asking for approval to go forward with a plan. Staff wanted a work session with Council prior to this meeting but the timing did not work out. Councilmember Bolkcom thought it made sense to accept the study tonight but before a plan is on the agenda she would like a work session to discuss the study in more detail. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 9 Councilmember Bolkcom stated people are asking for benches at bus stops, for example, and if there are not a certain amount of people who use the bus, we do not get a bench. Then picking up trash around the bus stop or shelter is also an issue. We need to do something with Met Council. She questioned Page 28 where it talks about a bike rack at Banfill-Locke. She does not think it is there yet. Also, the 73 bike thefts are mainly in homes where garage doors were left open or bikes were left in the front driveway. She did not know if those thefts were related to bike racks. Also on Page 36, she asked if it was in the City Code that property owners were to maintain a bus stop. Ms. Jones answered that property owners in a TOD district are supposed to maintain bus stops; and it is a suggestion in the future to make that part of the City Code. Councilmember Bolkcom asked on Page 62 if the University and 61't improvements were done. Jim Kosluchar, Public Works Director, answered no. Councilmember Bolkcom asked on Page 36 what a central line was. Ms. Jones said that it would be a central bus rapid transit line; this does not exist yet, but is proposed. MOTION by Councilmember Saefke to receive the Fridley Pedestrian and Bicycling Transportation Study and Direct Staff to proceed with the creation of an Active Living Plan. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Councilmember Saefke asked if this would this be on the website or in the library for people to read. Ms. Qualley replied yes, staff will edit and make it available for others to read at those locations. 12. Approve Change Order No. 1 for 2012 Street Rehabilitation Project No. ST2012-1 Jim Kosluchar, Public Works Director, requested the change order for $16,269.00 or 1.6% of the contract amount. Additional Storm Sewer work is needed and the contract completion date will be revised. Additional work is to replace a 15" concrete pipe across 66th Avenue for $11,913.00 and additional work to upgrade the undersized storm sewer piping across 67th Avenue for $4,356.00. The completion date will also be extended to October 6, 2012. Mr. Kosluchar stated staff held off the contractor start date to review whether an alternative for water main replacement that would have saved significant project dollars was feasible; unfortunately, it was not. Staff recommends Council move to approve Change Order No. 1 to Midwest Asphalt Corporation in the amount of $16,269.00. This change order will revise the FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 10 completion date of the project to October 6, 2012. The additional costs will be paid using Storm Water Utility funds, and will have no bearing on special assessments. Councilmember Bolkcom asked if October 6 is doable. Mr. Kosluchar replied yes; the weather has been good. William Burns, City Manager, asked there would be any other change orders. Mr. Kosluchar presumed there would be other change orders. He said he was not aware of anything significant, but there are usually adjustments. The water main break is the only thing he could think of. Councilmember Bolkcom asked what is "signiticant." Mr. Kosluchar replied $10,000. MOTION by Councilmember Saefke to approve Change Order No. 1 for the 2012 Street Rehabilitation Project No. ST2012-1. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 13. Informal Status Report Scott Hickok, Community Development Director, reminded the viewing audience of the Recycling Drop-off Event scheduled for October 13 from 9-1. The price list for items is on the website but many items are free. This is a great opportunity to get rid of outdated electronics. William Burns, City Manager, said the October news letter will be sent out shortly. Councilmember Bolkcom announced that Pumpkin Night in the Park is looking for volunteers. Mayor Lund said he is participating in the fourth annual Roof Raiser for the Lee Carlson Center. If he raises enough funds, he will not have to camp overnight on the roof at Bob's Produce. The event is on October 12 around 4:00 p.m. Those interested in donating to the Lee Carlson Center may do so on the website or can contact him directly. Councilmember Varichak said she attended the street project open house last Tuesday and about 77 people attended. She thanked everyone for coming and hoped their questions were answered. People should make sure they fill out the survey and call Jim or Layne if they have any questions or concerns. The information is posted on the website. Mayor Lund said he attended the Landmark open house. It is a very nice place. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 24, 2012 PAGE 11 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 9:15 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor PLANNING COMMISSION MEETING September 19, 2012 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMSERS PRESENT: Jack Velin, Brad Sielaff, Brad Dunham, David Kondrick, and Leroy Oquist MEMSERS ABSENT: Tim Solberg and Dean Saba OTHERS PRESENT: Stacy Stromberg, Plannet- Todd Erickson, Folz, Freeman, Erickson, Inc. Jim Heinitz, Furniture Mart Bill Hinks, Furniture Mart Approval of Minutes: August 15, 2012 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUSLIC HEARiNG Consideration of' a Public Hearing f'or a Special Use Permit, SP # 12-05, by Archnet, Inc., on behalf of Furniture USA, is seeking a special use permit to increase the lot coverage requirement from 40°/a to 44°/a, to expand the existing building at 5401 East River Road. MOTION by Cotnmissioner Dunham to open the public hearing. Seconded by Cotnmissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Stacy Stromberg, Planner, stated the petitioner, Mike Diem of Archnet, Tnc., who is representing the owner of the property, Furniture Mart, is seeking a special use permit to increase the lot coverage requirement from 40°/o to 44°/o, to allow fot- the construction of an addition to the north side of the existing building, which is located at 5401 East River Road. The addition will be used for additional furniture showroom space. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial, as are the properties to the south, west and east. The property is bordered by Tnterstate 694 on the north. The property was originally developed in 1969 as a retail and warehouse building that housed Plywood America. In the early 1990's, the business changed to Home Valu, which continued operating their business at this location until they closed their doors in 2010. In 1976 a metal building addition was constructed and in 2003, the entry to the building was remodeled. Several interior modifications were made to the building over the 40 years it was in operation. Planning Commission Meeting Septembet- 19, 2012 Page 2 Ms. Stromberg stated the petitioner is seeking a special use permit to increase the lot coverage requirement from 40% to 44%. The proposed project includes demolition of the most northern piece of the existing building and then construction of a new 15,002 square foot addition along the north side of the building. The proposed 15,002 square foot addition will be constructed in two phases. The first phase is 8,618 square feet in size and is on the northwest side of the building. The second phase is 6,384 square feet in size and is on the northeast side of the building. The reason for the phasing is so work can start on Phase I while going through the special use permit process, because the addition of Phase II bt-ings the project over the 40°/o lot coverage requirement. Phasing the project won't hold the construction up. Ms. Stromberg stated the code requires that a special use permit may be granted as long as the property is meeting all other code requirements. Ms. Stromberg stated based on the breakdown of the proposed uses within the building, parking needs for this site after the addition is constructed at-e 187 parking stalls. The petitionet- is showing 187 stalls on the site plan, with 148 stalls to be constructed and 39 stalls as proof of parking. The petitioner has articulated that is unlikely there would be a need to have 187 stalls on site, so staff is allowing them to proof those stalls in order to add additional green space. If the additional stalls are wan-anted at any time, there is room on site to construct them. Ms. Stromberg stated the pt-oposed addition complies with all setback t-equirements. It should be noted that there is a cold starage addition on the east side of the building that is considered an illegal non- conforming structure. A building permit was never issued for that building addition. The petitioner plans to remove the existing walls of the structure with Phase I, and will either cotnpletely remove the structure with Phase II or will go through the vat-iance process to recognize the existing non-conforming setback. Ms. Stromberg stated City staff recommends approval of this special use permit request as an increase in lot coverage fot- a one stoiy building fi-om 40°/o to 50% is a permitted special use in the M-2, Heavy Industrial zoning district, provided all other code requirement are met, subject to stipulations. Ms. Stromberg stated staff recommends that if the special use pertnit is granted, the following stipulations be attached: 1. Any future expansion of the building will require special use permit review. 2. Any future expansion of the building will require a new parking analysis. 3. The existing illegal non-confot-ming addition on the east side of the building will either be removed with Phase II or the petitioner will seek a variance to recognize the existing non- conforming setback. If variance is approved, the structure shall be built to meet building code requirements with a 3-hour- firewall. 4. An as-built survey shall be submitted to City upon completion of Phase II. 5. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not comtnenced or if the Petitioner has not petitioned the City Council for an extension. Chairperson Kondrick stated he drove around the site and understands the petitioner's intent. Jim Heinitz, Furniture Mart, stated he is the CEO of Furniture Mart. They have 34 stores and are connected with Ashley Furniture. There are five Furniture Marts in the Twin Cities area and they would like to expand with this sixth one. The business started in 1967 and is one of the top 50 fiuniture stot-es in the United States. They have over 100 employees at this facility. You can look at the Ashley stores and Planning Commission Meeting Septembet- 19, 2012 Page 3 see we take great pride in how their properties look. They want Furniture Mart to be a beautiful stare. Their Ashley store in Fridley is their No. 1 store. They also need more warehouse space which the Home Valu store will provide. Chairperson Kondrick asked the petitioner if he was okay with the stipulations, the timetables, etc.? Mr. Heinitz replied, yes. Commissioner Sielaff asked the petitioner what is the difference between the Ashley store and Furniture Mart`? Mr. Heinitz replied, Ashley Furniture only carries Ashley brand furniture. Furniture Mart has over 100 vendors and carries furniture for those just starting out to the more high-end furniture. MOTiON by Commissioner Dunham to close the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:18 P.M. MOTION by Commissioner Sielaff approving Special Use Permit, SP # 12-05, by Archnet, Inc., on behalf of Furniture USA, to increase the lot coverage requirement from 40% to 44%, to expand the existing building at 5401 East River Road with the following stipulations: 1. Any futut-e expansion of the building will t-equire special use permit review. 2. Any future expansion of the building will require a new parking analysis. 3. The existing illegal non-conforming addition on the east side of the building will either be removed with Phase II or the petitioner will seek a variance to recognize the existing non- conforming setback. If variance is approved, the structure shall be built to meet building code requirements with a 3-hour firewall. 4. An as-built survey shall be submitted to Ciry upon completion of Phase II. 5. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Receive the Minutes of the August 2, 2012, Housing and Redevelopment Authority Commission Meeting. MOTION by Cotnmissioner Oquist to receive the Minutes. Seconded by Cotnmissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Planning Commission Meeting Septembet- 19, 2012 Page 4 3. Receive the Minutes of the May S, 2012, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the May 21, 2012, Parks and Recreation Commission Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOiCE VOTE, ALL VOTiNG AYE, CHAiRPERSON KONDRiCK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive the Minutes of the August 6, 2012, Parks and Recreation Commission Meeting. MOTION by Commissioner Sielaff receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the next meeting will be October 17, 2012. Both the ACCAP project and the Columbia Arena project were approved by the City Council. She also wanted to invite the Planning Commissions and the public to the Landmark of Fridley's Open house (Senior project on the old Sandee's site) on Sunday, September 23`d from lpm-4pm. ADJOURN MOTION by Commissioner Oquist adjoutning the meeting. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:21 P.M. Respectfully submitted, Denise M. Johnson Recording Sect-etary � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 8, 2012 CffY OF FRIDLEY Date: September 25, 2012 To: William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject:Second Reading of the Ordinance for Rezoning, ZOA #12-01, MDW Equity LLC INTRODUCTION MDW Equity LLC, owner of 6101 University Avenue NE, Fridley, MN is requesting to rezone their property from C-3, General Shopping to C-2, General Business. Rezoning this property will allow the owner to redevelop the site by constructing a building large enough to allow for successful economic utilization. The current zoning of C-3, General Shopping imposes several requirements that make redevelopment of the site difficult. The minimum lot size required for a C-3 district property is 35,000 sq. ft., whereas the minimum lot size required for a C-2 district is 20,000 sq. ft. The property has a lot size of 24,931 sq. ft., making it more suitable for C-2 zoning than its current non- conforming zoning of C-3. The current building also does not meet C-3 setback regulations; therefore future site users would be required to either use the existing building in its non- ��°"�"'"'"'"�" conforming state or a rezone the property to allow for any new structure. As a result, the petitioner is seeking this rezoning request. PAST COUNCIL ACTION At the September 24, 2012, City Council meeting, the first reading was held for ZOA #12-01. At the September 10, 2012, City Council meeting, a public hearing was held for ZOA #12-01. Staff has sent the 60-day agency action letter to allow the additional time needed to hold the first and second reading of the ordinance. PLANNING COMMISSION RECOMMENDATION At the August 15, 2012, Planning Commission meeting, a public hearing was held for ZOA #12-01. After a brief discussion, the Planning Commission recommended approval of rezoning, ZOA #12-01. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends the Council hold the second and final reading of the ordinance to approve rezoning request, ZOA #12-01, from C-3, General Shopping to C-2, General Business. ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKiNG A CHANGE IN ZONING DiSTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1 SECTTON 2. Appendix D of the Fridley Ciry Code is amended hereinafter as indicated. The tract or area within the State of Minnesota and the County of Anoka and the City of Fridley and described as: 6101 Universitv Avenue NE Legal Description — attached as Exhibit A SECTTON 3. That the Zoning Administrator is directed to change the offcial zoning map to show said tract or area to be rezoned from Zone District C-3 (General Shopping) to C-2 (General Business). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10`�' DAY OF 5EPTEMBER, 2012. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CTTY CLERK Public Hearing: September 10, 2012 First Reading: September 24, 2012 Second Reading: October 8, 2012 Publication: October 18, 2012 �- x �� i �� --� � 6101 LTniversity Ave NE Fridley MN � -- Lega1 Descrip�ion 'I'RAC"I' t: That paiti cif tla� Sux�ilrea�t Quatter oC'tiae ;ic�uthw�cst �7urirter ot' S�cYion l4. Township .,11. lisxn�e 2A cicscriU�:r1 Fas oammwcing �t rhe Sauthwest cnrner tho��uaf; tirencr. T�taih alorig the VJcst liire uf s;ii�l Sc•iuthcast Qu�rtar �f tt�e Sauihaaest {lunrter 3Q f'eet; 7hetice Last pa�•allel ��>ith thc Sputh f i�fe uf Soutlicast Quaner oi the Southwest Qu:uYCr t27.22 feer thencc T.artheaster:�• on u taneen[iul cur�c to the Icft ha��ing a raclius af 20 feet a clisr�nce �7t�.31 22 fect; thcncc tiorel� tangent tc last ciascii:�ed eurvc a distutace of 100 9b fcer, thcnr.e Norlhwes�esiy an a tangcnii�l cu�vc loihc icG hriving a rvciius uF45 fcet a c#ist�mce uf 4tt.69 tcet; thence Northwesterly rangent ta last cl�scribed c�uve 56.941'u:t: thenea Ncsrthw��terly <>n :i [angcniia; cnrvc to thi ri�ht iiavin�? a radiue of' 1 i5 teei a tl'tstance of .5.3 7l feci to the L',ast!inz of#hc� WesK 30 fia:t af said Soutlieast Quaricr of the Suuiitwest Qu.�rier said poi�ti t>f intersactinn l�cin i? the actaa; poi�ii of' begiuning ni tl�e uact ti� he ciesetibcJ;lJteatCe evnluluitzLNotlhw�Stt;r1Y atong �t curvc having a radius of i75 icct a d.isnncc af`?? fcci to the k.ast 3ine nf the Wesi l S feet oCsaid Southeast Q�u3ner afthe Soinhwr,t Qua�lr.r, [trencu South zlon�; sa:� Last !iite af the 1'��est 15 icct <�f xhe Southeast Quarker of ihc Sauilivrest C?uarterto ilie Nnaiii line ofthe Sauth 3Q tuui of s:iicl Sat�thca�:�t Qunrrer c�f thc S�rwthvacst C,�uancr'; tbeyrc� f'�st al�ng a lina p,u°allc;l wirh Rinc1.3Q Pec1'Narth of dre Sauth linc df'anid SoutLeast Quartar c+f'ihe �>outl�,vcs7. t��¢�tcG I."r Cr.ct zo 4�c [3atit liNre af nc� N'cai 30 Cewt ax'said SouB�easi Quart�r of Uic 5ouUiwcst C�narter; ttir:tice ?�'ath aiong the East linc of the t4'csi 3() fcet of saici Souihcasi Qua�ter of the S<»ith�vcsi (�lua�terto itic actu��l point nf'bcginning. Bcing pari ol' L.�i� S, Auditor's SuUdi��ision Na. 59 Anu1;c+ Coung�, iblitu�esoi� '€'!LAC'� 1[: "F"liaE ��a�t of flic SouClieast Qn:uier of fhe South�vcst t}iwnur of Scciion 1�,'iownship 30, Itnngc 2�, describr.d a cu�aimu�cine at.the Ss�uthwesi cornes thereoi; itience Nnrth u?cirig ilie West linc af said Soutiieast QuaRes of tha Seiuthwesi Quarier 3(t fcei; th�nee �st p;vailel w�ith ihe Sauth line n£ said Sattibezst Quarier oi'tha Scr'uil� wesi Qua3ter 1�7..22 #ce.�t; thrncL i�art9�ca�tcrly pn a la��gcntial ctrr��e. la ihe lefl hav'sag a ruclitxs of 2U i'cert � disianee bf �1.?2 iecc; th�nc� Ncrrtlr tar��;cnt ta the last dcscribetl cu� ;�e t U0.96 fiueV; tht:nee Ntuth��esteriy qn � tangc:nriai curve ta ti�e i�:fl havi:�g n radir�.� of 45 lcet a dittance of 31.9'3 Pcct to ihc N�rch line of �he 5out6 t 8(� fiee of'said Souu'�ws� t7uart�r aSthe SUUthwcst Quarter, said point being t}Ye af be�ltlriing 4f thett'�Ct IO hc detcrilicd; thanec r,<uiiinuing K�urtl�wesicrlp aloa�lierL�st desciibed. curvc u diaumce of I K.7 feet; thenc.e ho�thwes�erly iangeiit to last dcscribad c�nve 56.9�4 iect; tl�enee t�tnrihwcsterl,y on � f�ngential ciuvr. to tiie �ie{�tharutg a radius uf [75 fe�a a clisi;ince oi 5;.71 fect io i#s in�eL,c:ction wilh a Ju�c �arailel �viih and 3D icc:t East of ihe Vve,t:uze of:;nid Soutbeasrt Q�uir3erof'ihe Soutliwest (;ivartur; thencc soutl� �lon� s;tid line paiatlet with an�i 30 fue.t P.ast rif ihe 1�e:s� linc nf'soid 5authea�t Qua�YCrof ihe Southr�rt�t ('�uancr to ihc hoi th Iine oithe Sauth l80 faet af said So'ut.heasrt. f?nn�7er af 11�o Sont{nvesi �u:u9cr, thcnce £.ast aiong lh4 Nurtli fuie �T uit� Sourh t RO �aal ia i6e ncmaI poit�t oF haeinning. Bcing a}�art n[ Lot 5, Aarliior's Sdu division Nu �4, Anaha Caurny; ;�iinnesnta, TRACI' lll: 'I"he South 18tt fe�t of flie �'Jcst ! 83 fe;G�i c>flhr Snutheast (�unrtcr aY"the Soetl�west f,�ua4terUl-Sectian 1-1,'I'ownstup .3t), R;�ige 24. SuUject to d�e righL, of.'the nublic n� �nd to th<; Sotdii �70 f'eet and We bVe;t 3Q Ceet theru�f; �ecordinp,to ffic Uiii[cd State. Government 5vrc•eyriicn of.; being a pari of t_ot ,S, Audiim•'s Suh tlivision Nn =9 [�'ti� t�,i'"I7NG the��fiom i]}e fallo�:�ins; describec� vact: That p:ii7 �f thc Son#h 180 feet of Q�e west I83 [cst oi'the Southcast �unrteco£ ihe Squi2nvc�ci Quaiter of.' Secticsn i�1, 'i"ownship 3(l, range 24, descritsed �s fatlaws; 1'liat p�u�t crFihe St�uiliea�t (Zuaries of ihc Sauthwcst Qv�ctcr of SecYion 14; 7 owrysl�ip 3q, I{zu�e 24, described as co:nnicncin� at thr Southwcsi c4rner then.�af; thcnce l�otth almig Uic West tine oi'said Sauthcast Quart�r U#"ihe Sputhtivast Quart:a� 3U fcet, thence L;ast ori » linc paratlet lo che Snulh linc ofsaid Suushe:tst Qu:ute,r aftfie Su�cthwes[ Quarf�� i?7.?Z feet tu il7e acawul poins af bz�i�rna��;; thence Niartheasteely an n ixogerrdnl curvc; ta rhe lett havin_n, a nicGia� afN{11'�:.t a disk�nce crf 31,�".3 fuc�t; thence Nanh tatigr.nt io lasl dcscriGed aur��r. u distance of ! QD.9G fcet; il�encc 2�'orttrw�;ierly on a tangcniial cixrve•io tha Icfl ha»�In�; a radias of �5:6 feet a tiistance �f 3I .99 !'ee� to thc Na1h Iinc nf ihe South ] 1?C� fee? t�f said Saurheast Cjuarter of the 5outhwest t?iiFe�ter. ihence Fast 4`.ong Il�c I�3orth line of sxid 180 ieer uf fhe Southct�st Qnancr ofthe SoutL�vcsi (�vartcr to � noint clietance 1�3 £e�t k;usFuf'thr. West iinG oFsaict Sauthea>t Quartcc of thc S�xSth��es1 Quarta-r; t7�cncc South 150 fce{ la a;ine pa�nllel w�th and 30 €c.�t Nort}t ofGhc Southline o#said Suuth�:est Quariex oitUc. Southwest Quatler; dtcnce Wesi a3tsng a Ii�ie parallcl wJtl� aaid 30 fcci Norih of the Soutti lioe of sai�l Snutireas7 qua�ler of 4ie SotttitWCSt Quanef to the actual point nf'hagihnins; 8e :o� r p.irt nf Lr�t 5, 1laiditor's Cnr divi;iun 3�3a. 54, C'ity� af Fricil�y, C'o�vriy o£Annlca, M innexrta. I'i1L'-' ACi(1VF: D.C;S�'L2[Y"C'IC)t� D�SC.'R.IEfLia'!'HF. SAM�. ['ROPI:tt'I"Y AS Ii� TI'fL,� CC3MMC1"�1�ifiri'T k�'LL.� NKi, 2.381d I}A7'IsD !4tarc:h 21. 20t15. Contaic�ing U.5�i acres, more ur te;ss. Coaitaining 24.931 S� 1't., iriore oa lcss ,,/, �,.____._.�_. _ _ PLANNING COMMISSION MEETING September 19, 2012 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMSERS PRESENT: Jack Velin, Brad Sielaff, Brad Dunham, David Kondrick, and Leroy Oquist MEMSERS ABSENT: Tim Solberg and Dean Saba OTHERS PRESENT: Stacy Stromberg, Plannet- Todd Erickson, Folz, Freeman, Erickson, Inc. Jim Heinitz, Furniture Mart Bill Hinks, Furniture Mart Approval of Minutes: August 15, 2012 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUSLIC HEARiNG Consideration of' a Public Hearing f'or a Special Use Permit, SP # 12-05, by Archnet, Inc., on behalf of Furniture USA, is seeking a special use permit to increase the lot coverage requirement from 40°/a to 44°/a, to expand the existing building at 5401 East River Road. MOTION by Cotnmissioner Dunham to open the public hearing. Seconded by Cotnmissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Stacy Stromberg, Planner, stated the petitioner, Mike Diem of Archnet, Tnc., who is representing the owner of the property, Furniture Mart, is seeking a special use permit to increase the lot coverage requirement from 40°/o to 44°/o, to allow fot- the construction of an addition to the north side of the existing building, which is located at 5401 East River Road. The addition will be used for additional furniture showroom space. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial, as are the properties to the south, west and east. The property is bordered by Tnterstate 694 on the north. The property was originally developed in 1969 as a retail and warehouse building that housed Plywood America. In the early 1990's, the business changed to Home Valu, which continued operating their business at this location until they closed their doors in 2010. In 1976 a metal building addition was constructed and in 2003, the entry to the building was remodeled. Several interior modifications were made to the building over the 40 years it was in operation. Planning Commission Meeting Septembet- 19, 2012 Page 2 Ms. Stromberg stated the petitioner is seeking a special use permit to increase the lot coverage requirement from 40% to 44%. The proposed project includes demolition of the most northern piece of the existing building and then construction of a new 15,002 square foot addition along the north side of the building. The proposed 15,002 square foot addition will be constructed in two phases. The first phase is 8,618 square feet in size and is on the northwest side of the building. The second phase is 6,384 square feet in size and is on the northeast side of the building. The reason for the phasing is so work can start on Phase I while going through the special use permit process, because the addition of Phase II bt-ings the project over the 40°/o lot coverage requirement. Phasing the project won't hold the construction up. Ms. Stromberg stated the code requires that a special use permit may be granted as long as the property is meeting all other code requirements. Ms. Stromberg stated based on the breakdown of the proposed uses within the building, parking needs for this site after the addition is constructed at-e 187 parking stalls. The petitionet- is showing 187 stalls on the site plan, with 148 stalls to be constructed and 39 stalls as proof of parking. The petitioner has articulated that is unlikely there would be a need to have 187 stalls on site, so staff is allowing them to proof those stalls in order to add additional green space. If the additional stalls are wan-anted at any time, there is room on site to construct them. Ms. Stromberg stated the pt-oposed addition complies with all setback t-equirements. It should be noted that there is a cold starage addition on the east side of the building that is considered an illegal non- conforming structure. A building permit was never issued for that building addition. The petitioner plans to remove the existing walls of the structure with Phase I, and will either cotnpletely remove the structure with Phase II or will go through the vat-iance process to recognize the existing non-conforming setback. Ms. Stromberg stated City staff recommends approval of this special use permit request as an increase in lot coverage fot- a one stoiy building fi-om 40°/o to 50% is a permitted special use in the M-2, Heavy Industrial zoning district, provided all other code requirement are met, subject to stipulations. Ms. Stromberg stated staff recommends that if the special use pertnit is granted, the following stipulations be attached: 1. Any future expansion of the building will require special use permit review. 2. Any future expansion of the building will require a new parking analysis. 3. The existing illegal non-confot-ming addition on the east side of the building will either be removed with Phase II or the petitioner will seek a variance to recognize the existing non- conforming setback. If variance is approved, the structure shall be built to meet building code requirements with a 3-hour- firewall. 4. An as-built survey shall be submitted to City upon completion of Phase II. 5. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not comtnenced or if the Petitioner has not petitioned the City Council for an extension. Chairperson Kondrick stated he drove around the site and understands the petitioner's intent. Jim Heinitz, Furniture Mart, stated he is the CEO of Furniture Mart. They have 34 stores and are connected with Ashley Furniture. There are five Furniture Marts in the Twin Cities area and they would like to expand with this sixth one. The business started in 1967 and is one of the top 50 fiuniture stot-es in the United States. They have over 100 employees at this facility. You can look at the Ashley stores and Planning Commission Meeting Septembet- 19, 2012 Page 3 see we take great pride in how their properties look. They want Furniture Mart to be a beautiful stare. Their Ashley store in Fridley is their No. 1 store. They also need more warehouse space which the Home Valu store will provide. Chairperson Kondrick asked the petitioner if he was okay with the stipulations, the timetables, etc.? Mr. Heinitz replied, yes. Commissioner Sielaff asked the petitioner what is the difference between the Ashley store and Furniture Mart`? Mr. Heinitz replied, Ashley Furniture only carries Ashley brand furniture. Furniture Mart has over 100 vendors and carries furniture for those just starting out to the more high-end furniture. MOTiON by Commissioner Dunham to close the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:18 P.M. MOTION by Commissioner Sielaff approving Special Use Permit, SP # 12-05, by Archnet, Inc., on behalf of Furniture USA, to increase the lot coverage requirement from 40% to 44%, to expand the existing building at 5401 East River Road with the following stipulations: 1. Any futut-e expansion of the building will t-equire special use permit review. 2. Any future expansion of the building will require a new parking analysis. 3. The existing illegal non-conforming addition on the east side of the building will either be removed with Phase II or the petitioner will seek a variance to recognize the existing non- conforming setback. If variance is approved, the structure shall be built to meet building code requirements with a 3-hour firewall. 4. An as-built survey shall be submitted to Ciry upon completion of Phase II. 5. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Receive the Minutes of the August 2, 2012, Housing and Redevelopment Authority Commission Meeting. MOTION by Cotnmissioner Oquist to receive the Minutes. Seconded by Cotnmissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Planning Commission Meeting Septembet- 19, 2012 Page 4 3. Receive the Minutes of the May S, 2012, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the May 21, 2012, Parks and Recreation Commission Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOiCE VOTE, ALL VOTiNG AYE, CHAiRPERSON KONDRiCK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive the Minutes of the August 6, 2012, Parks and Recreation Commission Meeting. MOTION by Commissioner Sielaff receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the next meeting will be October 17, 2012. Both the ACCAP project and the Columbia Arena project were approved by the City Council. She also wanted to invite the Planning Commissions and the public to the Landmark of Fridley's Open house (Senior project on the old Sandee's site) on Sunday, September 23`d from lpm-4pm. ADJOURN MOTION by Commissioner Oquist adjoutning the meeting. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:21 P.M. Respectfully submitted, Denise M. Johnson Recording Sect-etary � � CffY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 8, 2012 WILLIAM W. BURNS, CITY MANANGER DARIN R. NELSON, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT OCTOBER 3, 2012 RESOLUTION CONFIRMING STATUTORY LEVEL OF TORT LIMITS Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide annually whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: ❑ If the city does not waive the statutov-y toVt liniits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. ❑ If�the city waives the statutory tort lirnits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000, regardless of the number of claims. Staff is recommending that the city does not waive the statutory tort limit. In this case the legal limit of tort liability would be capped at $500,000 per individual and $1,500,000 per occurrence. Again, staff recommends the Council approve the attached resolution that does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Attachment DRN/ce RESOLUTION NO. 2012 - A RESOLUTION CONFIRMING THE STATUTORY LEVEL OF TORT LIMITS WHEREAS, the City of Fridley maintains its insurance coverage through the League of Minnesota Insurance Trust; and WHEREAS, the League of Minnesota Insurance Trust requires the City Council to provide direction in regard to statutoty tort liability limits for the City of Fridley; and WHEREAS, under Minnesota state law, if a city chooses to insure itself for an amount in excess of the statutory limits provided by state law, it will be deemed to have waived the protection of those statutoiy limits to the extent of any increase in the insured coverage amount; and WHEREAS, any increased coverage amount will result in an increase in the cost of insurance to the City; and WHEREAS, the current statutory tort limits are a maximum of $500,000 for an individual single claim, and $1,500,000 for a group of claimants on any single claim; and WHEREAS, the City of Fridley finds no reasonable basis to extend liability coverage beyond those amounts provided for under Minnesota law; and WHEREAS, the City of Fridley finds it to be in its best interest to be insured to the full extent of liability imposed by law, but not beyond those statutoiy limits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that it accepts up to and only to the extent of the statutory tort liability limits as expressly provided under Minnesota law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8tn DAY OF OCTOSER 2012. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 8, 2012 To: William W. Butns, Ciry l�Tanaget From: Deborah Dahl, Human Resources Director Date: Re: October 4, 2012 CONTRACT NEGOTIATIONS WITH FIREFIGHTERS FOR 2012-2013 I am pleased to announce a tentative settlement agreement was reached bet�veen the City of Fridley and the full-tiine firefighters for 2012 and 2013. A final vote was taken by members who have approved and signed the Agreement. Attached is that signed Ab eement and the proposed resolution, ��hich I am submitring for your review and final Council adoption on Oct. 8, 2012. The following is a summarp of the changes: 1. Atticle 27 — Duration The agreement included a two-year contract for the years of 2012 and 2013. 2. Article 12.3 - Annual Leave Both parries ab eed to eliminate the Annual Leave Sellback language from the contract. All three unions ha� e agreed to this pro�-ision, ��hich is now consistent ��ith the policy for non-union employees as well. 3. Article 14.2 - Call Back Both parties agreed to increase call back compensation from a minimum of one hour to a minimum of two houts pei call back, for emetgency iesponse only. This would not apply to training, meetings, or general assignments. The City's research showed that most of the time that employees were called back for emergency response, they ended up working for two houts. Fire Chief, John Betg, stated that the number of call-backs have been significantly reduced in recent years. Staff expects that this can be absorbed into the current budget and managed appropriatel�,. This agreement also matches the ca11-back provisions in the police patrol and sergeant's contracts. 4. Arucle 15.2 — Em�lo�ee Education Programs Financial Polic� Both patties agreed to a one-time reimbutsement for education ptograms instead of 50% in the first half and 50% upon complerion of the course. This is an administrative change that ��ill make reimbursetnents and processing more efficient and less cumbersome. The eligible amount fot teimbursement has not changed (which is $2,925 pet yeat). �ll other unions ab eed to the same terminology, so the procedures will be the same across the board (union and non-union). 5. Article 21 — Insurance Both parties agreed to a"me too" provision for the insurance package, which tneans the benefits will be mirrored with other non-union employees for both contract years. 6. Article 22 - Rates of Pa�% Both parties agreed to a two (2) percent adjustment for 2012 and another t��o (2) percent adjustment in 2013. Staff estimates this provision to cost approximately $7,147 for the ftrst year of the conttact and �7,290 tor the second year of the contract (includes all wages, PERA, and taxes.) 7. Article 24 - Working Out of Classification The union proposed an employee should be paid for any rime worked out of class in ordei to recognize those who fill in for others ��hile out absent for illness, vacation, reassignments, etc. The current contract allows the City to reassign and pay an employee out of class after three weeks if the individual is performing the "full" duties of the position. Parties could not agree to a solution, howevei, they agteed to conrinue meeting and discussing tliis issue to explore solutions with the first meeting to occur by Dec. 25, 2012. This does not mean the article will be re-opened, just that both parties agree to continue to meet to discuss the issues. Action Needed Staff is very pleased ��ith this year's negotiations. The union has been very reasonable in their requests and the discussions were meaningful and eery productive. Staff is recommending that the City Council approve this ab eement and resolution on the C�ct. 8, 2012 Council meetin�. Both John Berg and I will be happy to answer any questions you or Council may have regarding this proposal. Attachments: Resolution Adopting the Agreement Exhibit A— 2012 & 2013 Labor Agreement � � RESOLUTION NO. - 2012 RESOLUTION AUTHORIZING SIGNING AN EMPLOYMENT AGREEMENT BETWEEN CERTAIN EMPLOYEES REPRESENTED BY LOCAL NO. 1986 WHEREAS, Firefighters Local No. 1986, as bargaining representative of the Firefighters of the City of Ftidley, has presented the City of Ftidley various tequests telating to their employment contract with the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the employees telating to the Firefightets' employment conttact with the City of Fridley; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the Ciry; and WHEREAS, agreement has now been reached between the representatives of the two parties on the ptoposed changes in the existing conttact between the City and the Union; NOW, THEREFORE, BE iT RESOLVED that the City Council hereby appt-oves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agteement (Exhibit A) telating to the wages and woaking conditions of Firefightets Local No. 1986 of the City of Fridley for the contract years of 2012 and 2013. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2012. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK "EXHIBIT A" LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 2012-2013 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) FIREFIGHTERS LOCAL NO 1986 CONTRACT FOR 2012-2013 TABLE OF CONTENTS ARTICLE PAGE 1. PURPOSE OF AGREEMENT ....................................................... 4 2. RECOGNITION ............................................................................4 3. DEFINITIONS ..............................................................................5 4. EMPLOYER SECURITY .............................................................. 7 5. EMPLOYER AUTHORITY .......................................................... 7 6. UNION SECURITY ...................................................................... 7 7. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ................. 8 8. SAVINGS CLAUSE ......................................................................11 9. SENIORITY .....................................................................................11 10. DISCIPLINE ..................................................................................12 11. WORK SCHEDULES ...................................................................12 12. ANNUAL LEAVE ..........................................................................13 13. SHORT-TERM DISABILITY .......................................................14 14. OVERTIME ....................................................................................15 15. EMPLOYEE EDUCATION PROGRAMS ...................................16 16. HOLIDAYS ....................................................................................17 17. PROBATIONAR,Y PERIODS .......................................................18 18. BEREAVEMENT LEAVE ..............................................................19 19. JURY PAY ......................................................................................19 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 2 20. 21. 22. 23. 24. 25. 26. 27 UNIFORM ALLOWANCE ...........................................................19 INSURANCE.................................................................................19 RATESOF PAY ............................................................................. 22 ADDITIONAL INCENTIVE PAY ................................................ 22 WORHING OUT OF CLASSIFICATION ..................................... 23 SEVERANCE PAY ........................................................................23 WAIVER.........................................................................................23 DURATION...................................................................................24 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 3 LABOR AGREEMENT BETWEEN CITY OF FRIDLEY AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986 ARTICLE 1. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986, hereinafter called the UNION. It is the intent and purpose of the AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT; and 1.3 Establish hours, wages, and other conditions of employment. ARTICLE 2. RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision S, for all personnel in the following job classifications: Firefighter Firefighter/Inspector Captain 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 4 ARTICLE 3. DEFINITIONS 3.1 Union The International Association of Firefighters Local No. 1986. 3.2 Union Member A member of the International Association of Firefighters Local No. 1986. 3.3 Emplo ��ee A member of the exclusively recognized bargaining unit. 3.4 Department The City of Fridley Fire Department 3.5 Emplo ��er The City of Fridley. 3.6 Chief The Chief of the Fire Department for the City of Fridley. 3.7 Union Officer Officer elected or appointed by the International Association of Firefighters Local No. 1986. 3.8 Overtime Work performed at the express authorization of the EMPLOYER in excess of the number of hours in a work period specified by the Federal Fair Labor Standards Act. 3.9 Scheduled Shift A consecutive work period including two rest breaks and one or more meal breaks. 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 5 3.10 Rest Breaks Two twenty (20) minute periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 Meal Break A one (1) hour period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 Strike Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges of obligations of employment. 3.13 Base Rate of Pav The Employee's hourly rate of pay exclusive of longevity or any other special allowance. 3.14 Compensatory Time Time off during the employee's regularly scheduled work scheduled equal in time to 1.5 times overtime worked. 3.15 Severance Pav Payment made to an employee upon honorable separation of employment. 3.16 Salarv A fixed payment at regular intervals for services as set forth and agreed to in this contract. 3.17 Compensation Salary reduced by those amounts as required by law and/or authorized by the employee. 3.18 A�reement 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 6 Labor agreement between the City of Fridley and International Association of Firefighters Local No. 1986 3.19 Assistant Chief The Assistant Chief of the Fire Department for the City of Fridley. 3.20 City Mana._�er The City Manager for the City of Fridley 3.21 Call Back An event where an Employee not working a regularly scheduled shift is called back to work. ARTICLE 4. EMPLOYER SECURITY 4.1 The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interferences with the normal functions of the EMPLOYER. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE 6. UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of EMPLOYEES who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 7 6.3 The EMPLOYER shall make space available on the EMPLOYEE bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE 7. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 Union Representatives The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by Section 6.2 of the AGREEMENT. 7.3 Processin� of a Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 Procedure Step 1 • An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 8 after such alleged violation has occurred, present such grievance to the ASSISTANT CHIEF or other EMPLOYER designated representative. The ASSISTANT CHIEF or other EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the ASSISTANT CHIEF or other EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2• If appealed, the written grievance shall be presented by the UNION and discussed with the CHIEF or other EMPLOYER-designated Step 2 representative. The CHIEF or other EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the CHIEF or other EMPLOYER-designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3• If appealed, the written grievance shall be presented by the UNION and discussed with the CITY MANAGER or other EMPLOYER-designated Step 3 representative. The CITY MANAGER or other EMPLOYER-designated Step 3 representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the CITY MANAGER or other EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4• A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 9 Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing and the Arbitration of Grievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authoritv a. The arbitrator shall have no right to amend, modify, nullify, ignore, and to, or subtract from the terms and conditions of the AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be born equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 Choice of Remedv If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 10 discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved EMPLOYEE shall indicate in writing which procedure is to be utilized (Step 4 of Article VII or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved EMPLOYEE from making a subsequent appeal through Step 4 of Article VII. ARTICLE S. SAVINGS CLAUSE 8.1 The AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of the AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9. SENORITY 9.1 Seniority shall be determined by the EMPLOYEE'S length of continuous employment with the Fire Department and posted in an appropriate location. Seniority rosters may be maintained by the FIRE CHIEF on the basis of time in grade and time within specific classifications. 9.2 During the probationary period, a newly hired or rehired EMPLOYEE may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned EMPLOYEE may be replaced in the EMPLOYEE'S previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. EMPLOYEES shall be recalled from layoff on the basis of seniority. An EMPLOYEE on layoff shall have an opportunity to return to work within two years of the time of that layoff before any new EMPLOYEE is hired. 9.4 One continuous scheduled annual leave period (not to exceed two weeks) shall be selected on the basis of seniority until March lst of each calendar year. After March lst, scheduled annual leave shall be on a first-come, first-served basis. 9.5 EMPLOYEES will be given preference with regard to transfer, job classification and assignments when the job —relevant qualifications of EMPLOYEES' are equal based on seniority. 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) ll 9.6 Employees shall lose their seniority for the following reasons: a. Discharge, if not reversed; b. Resignation; c. Unexcused failure to return to work after expiration of a vacation or formal leave of absence. Events beyond the control of the EMPLOYEE, which prevent the EMPLOYEE from returning to work will not cause loss of seniority; d. Retirement. ARTICLE 10. DISCIPLINE 10.1 The EMPLOYER will discipline EMPLOYEES for just cause and disciplinary action may be in one or more of the following forms: a. oral reprimand, b. written reprimand, c. suspension, d. demotion, or e. discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an EMPLOYEE'S personnel file shall be read and acknowledged by signature of the EMPLOYEE. EMPLOYEES will receive a copy of such reprimands and/or notices. 10.4 EMPLOYEES may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. ARTICLE 11. WORK SCHEDULES 11.1 The normal work schedule for EMPLOYEES recognized as Firefighter and Captain in Article 2 shall consist of a fifty-six (56)-hour work week and includes hours worked on assigned shifts, holidays, and authorized leave time. 11.2 The normal work schedule for EMPLOYEES recognized as Firefighter/Inspector in Article 2 shall consist of a forty (40) hour work week and includes hours worked on assigned shifts, holidays and authorized leave time. 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 12 11.3 The CHIEF or EMPLOYER-designated representative is responsible for scheduling and assigning the weekly work schedule. 11.4 The authority to schedule rests with the EMPLOYER. 11.5 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign EMPLOYEES. 11.6 It is recognized by the parties that service to the public may require the establishment of regular shifts for some EMPLOYEES on a daily, weekly, seasonal, or annual basis, other than the regularly scheduled hours. The EMPLOYER will give advance notice to the EMPLOYEES affected by the establishment of workdays different than the normal EMPLOYEE'S workday. 11.7 It is also recognized by the parties that service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. EMPLOYEES who are regularly scheduled to be on duty Saturday and/or Sunday will be granted two consecutive days off in lieu of Saturday and/or Sunday. 11.8 An EMPLOYEE temporarily assigned from a 56-hour work week to a forty (40) hour work week schedule (for the duration of up to one (1) three (3)-week shift cycle) shall be paid at the same bi-weekly rate and shall accrue annual leave at the same bi-weekly rate, just as if they were working a 56-hour work week. ARTICLE 12. ANNUAL LEAVE 12.1 Each EMPLOYEE shall be entitled to annual leave away from employment with pay. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled. Each EMPLOYEE who works a normal 56- hour work week schedule shall accumulate and use annual leave based on eleven and two-tenths (11.2) hour days. 12.2 Beginning 1/1/2008, each EMPLOYEE who works a normal 40-hour work week schedule shall accumulate and use annual leave based on an eight (S) hour day. 12.3 A beginning EMPLOYEE shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive months). An EMPLOYEE who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) month of successive employment. An EMPLOYEE who has worked fifteen (15) years (180 consecutive months) shall accrue annual 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 13 leave at the rate of twenty-six (26) days per year, beginning with the one hundred eighty-first (1815t) month of consecutive employment. 12.4 The maximum total accumulation of annual leave at the end of any given year shall be thirty (30)-days. 12.5 Upon separation from employment with the City of Fridley, an EMPLOYEE will be paid one (1) day's salary for each day of accrued annual leave remaining in the EMPLOYEE'S balance. ARTICLE 13. SHORT TERM DISABILITY 13.1 Each EMPLOYEE who has successfully completed the EMPLOYEE'S probationary period shall be eligible for the short- term disability benefit. Such an EMPLOYEE shall be entitled to full pay commencing on the twenty-first (21st) consecutive working day on which the EMPLOYEE is absent due to a physician-certified illness or injury off the job, and continuing until the EMPLOYEE returns to work able to carry out the full duties and responsibilities of the EMPLOYEE'S position or through the one hundred and tenth (llOth) working day of absence, whichever occurs first. Such an EMPLOYEE shall also be entitled to full pay commencing on the eleventh (llth) consecutive working day on which the EMPLOYEE is absent due to a physician-certified illness or injury on the job and continuing until the EMPLOYEE returns to work able to carry out the duties and responsibilities of the EMPLOYEE'S position or through the one hundredth (100th) working day of absence, whichever occurs first. The amount of any compensation for the short- term disability benefit shall be reduced by any payment received by the disabled EMPLOYEE from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short-term disability benefit by the City to an employee shall not exceed ninety (90) working days for any single illness or injury, regardless of the number of spacing of episodes. The annual leave balance of any EMPLOYEE receiving short-term disability benefit shall not be reduced, nor shall such EMPLOYEE accrue annual leave during that period. 13.2 Pefore any short term disability payments are made by the EMPLOYER to an EMPLOYEE, the EMPLOYER may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The EMPLOYER also reserves the right to have an examination made at any time of any EMPLOYEE claiming payment under the short-term disability benefit. Such examination may be made on behalf of the EMPLOYER by any competent person designated by the EMPLOYER when the EMPLOYER deems the same to be reasonably necessary in order to verify the illness or injury claimed. 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 14 13.3 If an EMPLOYEE'S off-duty illness or injury exceeds one hundred (100) working days, the EMPLOYEE may draw from the EMPLOYEE'S remaining annual leave in addition to those benefits to which the EMPLOYEE receives in accordance with the workers' compensation provisions. 13.4 If an EMPLOYEE'S on duty related illness or injury exceeds one hundred (100) working days, the EMPLOYEE may draw from the EMPLOYEE'S remaining annual leave in addition to those benefits to which the EMPLOYEE receives in accordance with the workers' compensation provisions. 13.5 When an EMPLOYEE exceeds the one hundred ten (110) working days (off duty) disability or one hundred (100) working days (on duty) disability and commences to draw on annual leave, the EMPLOYEE shall again accrue benefits in accordance with accepted EMPLOYER policy. ARTICLE 14. OVERTIME 14.1 EMPLOYEES will receive compensation at the OVERTIME rate of one and one-half (1 1/z) times their normal rate for all OVERTIME as prescribed by the Fair Labor Standards Act. Shift trades by EMPLOYEES do not qualify an EMPLOYEE for OVERTIME under this Article. 14.2 In the event an employee not working a regularly scheduled shift is called back to work, the employee shall be paid a minimum of two (2) hours at the overtime rate. Any time worked in excess of two (2) hours will be calculated in fifteen (15) minute increments. To calculate the time worked on call back, time shall be considered to have started at the time of the alarm or call. In the event there is a delayed response to work by the employee of fifteen (15) or more minutes, time shall be considered to have started when the employee arrives at work. For the purposes of this article, call-back is defined as any time an EMPLOYEE is not scheduled to work and is called back to work for emergency response. It does not apply toward training, meetings, or general assignments. 14.3 The EMPLOYER agrees to offer COMPENSATORY TIME off in lieu of OVERTIME as defined in Article 14.1 and in compliance with Fair Labor Standards Act Requirements. COMPENSATORY TIME shall not be accumulated in excess of seventy-two (72) hours, and must be used within the calendar year in which it was accumulated as determined by the EMPLOYER. 14.4 Overtime will be distributed as equally as practicable. 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 15 14.5 Overtime refused by EMPLOYEES will for record purposes under Article 14.4 be considered as unpaid overtime worked. 14.6 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 14.7 EMPLOYEES have an obligation to work overtime if requested, by the EMPLOYER unless circumstances prevent the EMPLOYEE from doing so. ARTICLE 15. EMPLOYEE EDUCATION PROGRAMS 15.1 The City will pay certain expenses for certain education courses based on the following criteria. The training course must have relevance to the Employee's present or anticipated career responsibilities. Attendance shall be at a City-approved institution. The course must be pre-approved by the Department Manager. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational and technical schools, Minnesota School of Pusiness, etc. 15.2 Employee Education Programs Financial Policy Financial assistance not to exceed the amount of two thousand nine hundred twenty-five dollars ($2,925.00) per EMPLOYEE per calendar year will be extended to cover the cost of tuition, required books or educational materials, and required fees related to the course (i.e. lab fees, etc.). Charges for student union membership, student health coverage, mileage, parking, and other charges for which the student receives some item or services other than actual instruction will not be paid. Upon successful completion of the course an EMPLOYEE will be required to present to his/her Department Manager a certification of satisfactory work. Satisfactory work is defined as follows: a. In courses issuing a letter grade, a C or above is required. b. In courses issuing a numerical grade, seventy percent (70°/o) or above is required. c. In courses not issuing a grade, a certification from the institution that the student satisfactorily participated in the activities of the courses is required. 15.3 If the employee satisfactorily completes the course and provides the required documentation, the EMPLOYEE will be reimbursed 100°/o of the eligible costs (i.e. tuition, books, course fees, etc.). If the EMPLOYEE fails to satisfactorily 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 16 complete the course, the City will not reimburse the EMPLOYEE for these costs. 15.4 The program will not reimburse the EMPLOYEE for hours spent in class, only for the tuition. 15.5 Expenses for which the employee is compensated under some other educational or assistance program, scholarships, or programs such as the GI bill, will not be covered. 15.6 The City will not pay tuition or other costs for those, courses which are used to make the employee eligible for additional salary. 15.7 The City will not reimburse the EMPLOYEE for any course which is not completed and/or any course which may be a duplicate or retaken. ARTICLE 16. HOLIDAYS 16.1 EMPLOYEES assigned to a fifty-six (56) hour workweek shall accrue eleven and two-tenths (11.2) hours at their regular rate of pay for each of the eleven holidays in a calendar year as designated in Article 16.3. Beginning 1/1/2008, EMPLOYEES assigned to a forty (40) hour work week shall be paid eight (S) hours at their regular rate of pay for each of the holidays designated by City Council for the calendar year. 16.2. Annual leave hours taken during a pay period shall be reduced by the number of holidays hours earned during that same pay period, unless the EMPLOYEE requests otherwise in advance in writing to the payroll division of the Finance Department. 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 17 16.3 16.4 For 2012, the eleven (11) designated holidays are: Easter Day Before Memorial Day Memorial Day Independence Day Day Before Labor Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year's Eve April 8, 2012 May 27, 2012 May 28, 2012 July 4, 2012 Sept. 2, 2012 Sept. 3, 2012 Nov. 22, 2012 Nov. 23, 2012 Dec. 24, 2012 Dec. 25, 2012 Dec. 31, 2012 For 2013, the eleven (11) designated holidays are: Day Before Memorial Day Memorial Day Independence Day Day After Independence Day Day Before Labor Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year's Eve May 26, 2013 May 27, 2013 July 4, 2013 July 5, 2013 Sept. 1, 2013 Sept. 2, 2013 Nov. 28, 2013 Nov. 29, 2013 Dec. 24, 2013 Dec. 25, 2013 Dec. 31, 2013 16.5 By October lst of each year, the EMPLOYER AND EMPLOYEES will agree on the schedule for the 11 designated holidays for the following year. 16.6 EMPLOYEES required to work on any of the designated holidays shall be paid at the OVERTIME rate (one and one-half times base rate) for all hours worked on the designated holiday between the hours of midnight and midnight. For any OVERTIME hours worked on a holiday EMPLOYEES shall be paid two (2) times their base rate of pay. ARTICLE 17. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees will serve a twelve (12) month probationary period. 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 18 ARTICLE 18. BEREAVEMENT LEAVE 18.1 Pereavement leave will be granted to full-time EMPLOYEES up to a maximum of forty-eight (48) scheduled hours over a consecutive three (3) day period. Pereavement Leave is granted in case of deaths occurring in the immediate family. For this purpose, immediate family is considered to include those individuals (either by blood or by law) such as: spouse, children, parents, brothers, sisters, grandparents, grandchildren, parent's in-laws, brother's in- law, and sister's in-law. 18.2 The EMPLOYER will allow EMPLOYEES to follow current practices for non- union employees, which gives EMPLOYEES an option to appeal directly to the CITY MANAGER for additional time off if extenuating circumstances prevail. ARTICLE 19. JURY PAY 19.1 It shall be understood and agreed that the City shall pay all regular full-time employees serving on any jury the difference in salary between jury pay and the employee's regular salary or pay while in such service. ARTICLE 20. UNIFORM ALLOWANCE 20.1 The EMPLOYER shall provide a uniform clothing allowance for EMPLOYEE in the amount of $500 for the 2012 calendar year and $500 for the 2013 calendar year. 20.2 Beginning in 2011, the EMPLOYER shall provide the uniform allowance by Jan. 315t for that calendar year. ARTICLE 21. INSURANCE 21.1 For the calendar year 2012, for EMPLOYEES who choose single coverage in the Pase Plan, the Employer will contribute up to $620.87 per month per employee toward the health insurance premium or the amount provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Penefit Plan. For the calendar year 2013, for EMPLOYEES who choose single coverage in the Sase Plan, the Employer will contribute the 2012 amount per month per employee toward the health insurance premium or the amount provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Penefit Plan. 21.2 For the calendar year 2012, for EMPLOYEES who choose dependent coverage in the Pase Plan, the Employer will contribute up to $1,318.37 per month per employee toward the health insurance premium, or the amount provided to non-union employees, whichever is greater, in accordance with the Employer's 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 19 Flexible Benefit Plan. For the calendar year 2013, for EMPLOYEES who choose dependent coverage in the Base Plan, the Employer will contribute the 2012 amount per month per employee toward the health insurance premium, or the amount provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.3 For the calendar year 2012, for EMPLOYEES who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute 520.87 per month toward the single health insurance premium and $1,218.37 toward dependent health insurance premium, or the amount provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2013, for EMPLOYEES who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute the 2012 amount per month toward the single health insurance premium and the 2012 amount toward dependent health insurance premium, or the amount provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.4 For the calendar year 2012, for EMPLOYEES who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute $100 per month toward the VEBA Trust Account, or an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2013, for EMPLOYEES who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute $100 per month toward the VEBA Trust Account, or an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.5 For the calendar year 2012, for EMPLOYEES who choose the high deductible health plan and healthcare savings account (HSA), the Employer will contribute $520.87 per month toward single health insurance premium and $1,218.37 toward the dependent health insurance premium, or the equal amount provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2013, for EMPLOYEES who choose the high deductible health plan and healthcare savings account (HSA), the Employer will contribute the 2012 amount per month toward the single health insurance premium and the 2012 amount toward the dependent health insurance premium, or the amount provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.6 For the calendar year 2012, for EMPLOYEES who choose the high deductible health plan and healthcare savings account (H.S.A.), the Employer will contribute $100 per month toward the H. S.A. Account, or an equal amount to 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 20 that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2013, for EMPLOYEES who choose the high deductible health plan and healthcare savings account (H.S.A.), the Employer will contribute $100 per month toward the H.S.A., or an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.7 For the calendar years of 2012 and 2013, for EMPLOYEES who choose dental coverage, the Employer will contribute up to $22 per month toward the dental insurance premium, or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.8 For the calendar years of 2012 & 2013, the Employer will provide group term life insurance with a maximum of $25,000 per EMPLOYEE and additional accidental death and disability insurance with a maximum of $25,000 per EMPLOYEE (current cost is $4.25 per month), or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 21.9 For 2012, in accordance with the Employer's Flexible Benefit Plan, EMPLOYEES have the option during an open enrollment period or during approved qualified events to decline health or dental insurance coverage, provided they provide proof of coverage elsewhere. In lieu of electing health and dental benefits, EMPLOYEES may elect the option of having ten (10) additional Benefit Leave Days or a monthly cash benefit of $448.92, or the amount equal to or greater than the amount provided to non-union employees. Benefit Leave days are required to be used within in the calendar year and may not be carried into the following year. 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 21 ARTICLE 22. RATES OF PAY 22.1 The following hourly wage rates will become effective Jan. 1, 2012 (Note: amounts may be rounded to two decimal points.) Fire� �hter First six months After six months After 1 1/ years After 2 1/ years After 3 1/ years d on a 56 Hour Work Week Hourly Rates 1/1/2012 1/1/2013 18.34 18.71 19.26 19.65 20.22 20.62 21.22 21.64 22.31 22.76 22.2 Fire�ghter/Inspector (Based on a 40-hour work week) 1/1/2012 1/1/2013 Hourly Rate 31.23 31.85 The hourly rate is equivalent to the 3 1/2 year rate multiplied by 2912 hours and divided by 2080 (standard 40 hour work week). 22.3 Captain (Based on a 56-hour work week) 1/1/2012 1/1/2013 Hourly Rate 22.98 23.44 ARTICLE 23. ADDITIONAL INCENTIVE PAY 23.1 Incentive pay will be paid over and above the standard base rate or going rate of EMPLOYEES hired prior to January 1, 1974 according to the following schedule, provided employees have demonstrated progress towards improving their proficiency for their particular job title or job assignment. After 5 years of service $24 After 10 years of service $48 After 15 years of service $72 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 22 ARTICLE 24. WORKING OUT OF CLASSIFICATION 24.1 Employees assigned by the Employer to assume the full responsibilities and authority of a higher classification for more than one (1), three (3)-week work schedule shall receive the salary schedule of the higher classification for the duration of the assignment. ARTICLE 2�. SEVERANCE PAY 25.1 For all employees hired prior to January 1, 1978, the severance pay policy shall be as follows: Any EMPLOYEE with forty-eight (48) or more consecutive months of employment will receive severance pay in cash based on one and one-half (11/2) days for each twelve (12) consecutive months worked, but not to exceed thirty (30) days of the same. ARTICLE 26. WAIVER 26.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of the AGREEMENT, are hereby superseded. 26.2 The parties mutually acknowledge that during the negotiations, which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of the AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this agreement or with respect to any term or condition of employment not specifically referred to or covered in this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 23 ARTICLE 27. DURATION The AGREEMENT shall be effective as of the first day of January, 2012 and shall remain in full force and effect through the thirty-first day of December, 2013. In witness whereof, the parties hereto have executed this AGREEMENT on this day on (date). I/We hereby recommend to the City Council approval of this agreement. SIGNATURES FOR THE CITY OF FRIDLEY: MAYOR —SCOTT J. LUND CITY MANAGER - WILLIAM W. BURNS DATE DATE HUMAN RESOURCES DIRECTOR, DEBORAH K. DAHL DATE FIRE CHIEF, JOHN D. BERG FOR THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 1986: KEVIN J. SWANSON, UNION PRESIDENT DATE DATE RENEE M. HAMDORF, UNION SECRETARY DATE 20L & 201 � Labor 9b �eement — City of Fx�dley vs. IAFF Local 1986 (rev. 10/4/2012) 24 � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 8, 2012 The Honorable Mayor and City Council William W. Burns, City Manager October 3, 2012 2013 City Calendar Attached is a resolution designating the time and number of Council meetings for 2013, and a proposed 2013 City calendar which indicates City Council meetings, confetences and holidays. Staff recommends Council's approval. Thank you for your consideration of this matter. WWB:rsc Attachments RESOLUTION NO. 2012 - RESOLUTION DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS FOR 2013 WHEREAS, Section 3.01 of the Charter of the City of Ft7dley tequires that the City Council meet at a fixed time not less than once each month; and WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the Council shall meet at such times as may be ptesctibed by resolution; and WHEREAS, it is the intent of the Council to comply with the open meeting provisions contained in Minnesota Statutes 471.705 as interpreted by the courts; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that: l. The City Council will hold regular meetings in the Council Chambers of the Fridley Municipal Centet, commencing at 7:30 p.m. on the following Mondays in 2013: Januaty 7, January 28, Febt-uaty 11, Febt-uary 25, Match 11, Match 25, Aptil 8, April 22, May 6, May 20, June 10, June 24, July 8, July 22, August 12, August 26, September 9, Septembet- 23, Octobet- 14, October 28, Novembet- 4, Novembet- 18, December 2 and December 9 2. The City Council will hold conference meetings at the Fridley Municipal Center, at which time matters are discussed but no fot-mal action taken, commencing at 7:00 p.m. on the following Mondays in 2013: April 15, May 13 and August 19 3. The City Council will hold budget work sessions at the Fridley Municipal Center commencing at 6:00 p.m. on the following Mondays in 2013: June 17 and October 21 4. On the dates of regular Council meetings, City Council information sessions will be held in the Fridley Municipal Center at 7:00 p.m. and following adjournment of each regular meeting. PASSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY THIS gTH DAY OF OCTOBER, 2012. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK _ _ S M T W T F S � 2 3 4 5 6 O7 8 9 10 11 12 13 14 15 16 17 18 19 20 � 22 23 24 25 26 27 128J 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 i� 28 29 30 31 S M T W T F S 1 2 3 � � 6 7 O8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1� 3 4 5 6 7 8 O9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 �0�3 City of Fridley Calendar DRAFT S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 � 19 20 21 22 23 24125J 26 27 28 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 S M T W T F S 1 2 3 4 5 6 7 8 9 1 11 12 13 14 15 16 1 18 19 20 21 22 23 24 25 26 27 28 29 30 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13�15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 31 S M T W T F S S M T W T F S 1 2 1 2 3 4 5 6 7 3 O4 5 6 7 8 9 8 9 10 11 12 13 14 10 � 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 � 26 27 28 24 25 26 27 �� 30 29 30 31 Januarv 1 New Year's 7 City Council Meeting 21 Martin Luther King Jr. Day 28 City Council Meeting March 11 City Council Meeting 25 City Council Meeting May 6 City Council Meeting 13 Conference Meeting 20 City Council Meeting 27 Memorial Day Julv 4 Independence Day 5 c►ty Ho►►day 8 City Council Meeting 22 City Council Meeting September 2 Labor Day 9 City Council Meeting 23 City Council Meeting November 4 City Council Meeting 11 Veterans' Day 18 City Council Meeting 28 Thanksgiving Zs c►ty Ho►►day Februarv 11 City Council Meeting 18 Presidents' Day 25 City Council Meeting April 8 City Council Meeting 15 Conference Meeting 22 City Council Meeting June 10 City Council Meeting 17 Budget Work Session 24 City Council Meeting Auaust 12 City Council Meeting 19 Conference Meeting 26 City Council Meeting October 14 City Council Meeting 21 Budget Work Session 28 City Council Meeting December 2 City Council Meeting 9 City Council Meeting 25 Christmas X- Holiday O- City Council Meeting ❑- Conference Meeting 0- Budget Work Session � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 8, 2012 William W. Burns, Ciry Manager Darin R. Nelson, Finance Director Debra A. Skogen, City Clerk October 4, 2012 Receipt of Twin Cities Gateway Fiscal Year 2013 Budget Chapter 608 of the Fridley City Code imposes a lodging tax on local lodging properties. The purpose of the tax is to fund a convention and tourism bureau to promote the City as a tourist destination. The City is a member of the Minnesota Metro North Tourism dba Twin Cities Gateway (TCG), a tourism bureau consisting of 9 cities. The Agreement between the City and TCG requires the annual budget be provided to the City on or before October 1 st of the year preceding the effective date of the budget. Such budget shall detail specifically the uses to which monies received shall be spent to provide the services provided. The 2013 Fiscal Year (FY) Budget for TCG was approved by the TCG Board of Directors on September 25, 2012 and received by Staff on September 28, 2012. TCG's projected budget for FY 2013 is $750,000, which represents significant growth during the organization's first two years (for comparison, the FYl 1 Budget was $569,921). TCG continues to trend favorably upward with a 5% to 6% growth ahead of 2011. The TCG Board of Director's goal of maximizing marketing and promotional opportunities, while minimizing administrative and overhead expenses, allocates 80% to marketing and promotion and 20% to administrative ad overhead expenses. The ratio of marketing expenses is significantly higher than other comparable organizations. Attachment 1 is an Executive Summary of the FY 2013 Budget providing line item budget descriptions and approved FY 2013 Budget. Staff recommends a motion receiving the Twin Cities Gateway Fiscal Year 2013 Budget. Attachment 1 � ; ��A,9� ,� ��=,k �., u u � ��m ��,� ��.,�� °,A �°��,��"°� Date: September 28, 2012 To: Member Cities From: Steve Markuson Subject: Twin Cities Gateway FY13 Budget Attached, for review, is the proposed FY13 Budget for Twin Cities Gateway — the regional convention & visitors' bureau. The budget was approved by the Board of Directors on Tuesday, September 25, 2012. . The proposed FY13 organizational budget will be effective from January 1, 2013 — December 31, 2013. FY13 Budget Highlights: � The proposed budget for FY13 is $750,000, which represents significant growth during the organization's first two full years of operation (for comparison, the FY11 Budget was $569,921) • The organization continues to be in a strong financial position with an estimated fund reserve of $353,879 at the close of fiscal year. Given the continuing economic uncertainty, the Board budgets conservatively and has authorized the set- aside of $250,000 of the fund reserve for investment in a longer term, higher yield investment account. � Per Board of Directors direction, 20% of the proposed budget is for operating expenses / administrative and overhead costs and 80% is for marketing & promotional programs. • The Board authorized the continuation of the Member City Grant program and participating member cities can anticipate / budget comparable grant funding availability from TCG for FY13. • The Regional Grant program has also been re-funded to provide start-up and marketing assistance for new events or activities that will have impact(s) in more than one member city. • FY12 year-to-date lodging tax receipts from the nine member cities continue to track / trend favorably upward and are currently running approximately 5% -6% ahead of FY11. Anoka /Blaine / Coon Rapic�s /Fridley /Ham Lake /Lino Lakes /Mounds View /New Bs�ighton /Shot�eview �� Attachment 1 TWIN CITIES GATEWAY 2013 BUDGET Approved by Board of Directors September 25, 2012 2011 2012 2013 Actual Budget Budget FUND RESERVE AT BEGINNING OF YEAR $ 255,461 $ 359,301 $ 399,679 REVENUES AND OTHER SOURCES Lodging Taxes $ 673, 559 $ 675, 000 $ 700, 000 Grants - 9,000 4,000 Investment income 202 200 200 Other - - - 673,761 684,200 704,200 OPERATING EXPENDITURES Management contract 86,346 100,000 100,000 Other administrative costs 15,221 35,000 35,000 Blaine (Fiscal Agent) 6,513 7,500 12,000 Organizational insurance - 2,000 2,000 Organizational memberships 1,465 2,500 2,500 Contractual - - - MARKETING EXPENDITURES Website enhancement/Social media 18,537 25,000 30,000 On-line Marketing 44,550 90,000 150,000 Promotions/collateral materials 27,673 30,000 30,000 Public/media relations 1,105 6,000 6,000 New Venue/Public Facilities promotion 19,947 20,000 - Member City Grants 38,379 75,000 75,000 Meeting & conference marketing & promotion 48,743 36,200 47,500 Destination Marketing 150,301 100,000 100,000 Sports Marketing 70,000 80,000 85,000 Regional Grant program 41,141 100,000 75,000 TOTAL BUDGET 569,921 709,200 750,UUU Revenue over (under) Expenditures 103,840 (25,000) (45,800) FUND RESERVE $ 359,301 $ 334,301 $ 353,879 � � CffY OF FRIDLEI' Name AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 8, 2012 COMMISSION APPOINTMENTS Commission Term Expires Cheristi M. 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W Ul O1 Ol O O� �O �� O O O O O O O O O� �7 O Ul O� O� O O Ul Ul �O l0 Ol O� �7 �7 F' F' W W N N �7 Ul N O O O O O O O O O O O Ul O Ul Ol Ol O O O O O O Ul Ul N N 10 �O i i i � ',b � � (] � i] � n � r x � O � � h] � �.' � H C] i '-1. i ti] x i y i i I I i � i i i � � i i � �] I I [�i rTi � � � h] I I b] (] � � h] x I I � I I I I Fj I C � 7y � �y i Z i d � t7 � O i � i � � H � i py i �1-, i i � i i � i i C�y i � � � � � � � � � � � � � � � I � � i i i i � � � � � � d � � t�7 � i � i � �] � � � � i H i C � n7 � tJ i y i 7y i H i tJ i p i p i '-1, i xl i � �x � � i i i i � � � � � i i I I I � � i i � � � � � � � I H I � z � I C I I Q I i H i i (] i � ti7 � i i i i i i i i i i i i i i i i i i i � ro � � o � � �x� � � � � � � � i i � ro � � � � � � � i i i k i � e� � i � i � � � � � � i i i i i i i i i i i i i i � H � � � � � z � � ��n � 'S� � � '�.' � � � Q � � Q � [ � i [ i �i x �z�y � H � � ro ro H 'fJ 'fJ HOL�7 �c c� ro o�z h7 � b7 .. d h7 �47N H � O tj W \ ru�o L7o�P �c r � N O N N N N N N '�7 'S� z � o ro � r] a x �o C�7 � �] N x � � � N �J o �C N N ro � H ;U Q H Q N d 0 � � o z �, d � N t.,^ o � F' '�l N rJ b7 � z x n 0 C7 C�7 O O ro � c� CI] N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i i � � � � � � � � � � � � � � � i i N� N� N� m� N� N� m N N N� N� tn� N,t N� N� N� N� N m� N� m i� i O N O N O N O N O N O N O O O O N O N �7 N O O O N O N O N O N O O N O N O�(] � (] N � N � N � m � N � N � �o N N N � N � n� � N� N � N � N � N � N N � N � N i n i tJ x i� i� i� i� i� i� i i i i� i� i� i i i� i� i� i� i i� i� i i O�� h] O N O N O N O N O N O N l0 O O O N O N O N O O O N O N O N O N O�7 N O N �7 I [ I y(] u�o 0o u�o 00 00 �to tvmaao 00 00 000o wo ao �to atno �to o i Z i L],'S tn N o N tn N o N o N � N o m m m N o N o N o 0 o N w N m N � N m o N � N o i y i O N O N O N O N O N O N O O 6l Ol N O N O N O O O N W N Ul N O N Ol O N O N O I I I I I I I I I I I I I I I I I I I I I I I I I I �P N �P N N �P �P �P �P �P N �P N �P I� �P �P �P �P �P �P �P i � i N F' N O F' Ul F' F' W W F' W F' F' W F' W Ul W F' Ul F' I I lf1 �D lf1 1P l0 Ul lf1 Ul Ul Ul l0 Ul l0 Ul Ul lf1 Ul lf1 Ul Ul lf1 Ul i i . N . N . N . N . N . N . . . . N . N . N . . . N . N . N . N . . N . N . i i 7. C] �a tn tv tn �a tn o tn � tn � tn �a �� tn o tn � tn �� o cn �a tn � cn �a tn �� tn �a tn � � �[ x W Ol �7 61 N Ol O 61 l0 Ol W 61 N N N N 61 l0 Ol W 61 O F' O 61 W Ol N 61 W Ol W Ul 61 W Ol N I I� Ci7 i m i m i m i m i m i m i i i i m i m i m i i i m i m i m i m i i m i m i i i b7 C] �P W O W N W O N O N �P N N N N N N O N �P N O W O N �P N N N �P N �P �P F' �P F' N i i [+j x O N O F' F-' O O�O O O� O�7 N N N Ul O1 O Ul O�A F-' F' O W O N N F' O O O O�O O O� N I I'�1 I Fj I C o Z o� o Z o� o� o y o 0 0 0� o� o� o 0 0� o r o r o ca o o x o� o i xl i L] W Ci] �o �7 10 O w H 10 H �o .'T'. 10 10 �o �o L�7 10 H �o H 10 10 �o Ci] 10 O �o H 10 H �o w H 10 H �o i'7. i'�. � H � co � x1 � Z � Z � O � � � � Z � � � C7 � � � C7 � 'z] � � � � � � t-' � r] � � � C7 W� N O F' H W'7. N'Jti" N� N F' F' F' ',T� N'Jti" F' � F' F' F' H F' '�y F' ',I,' N N W N N',I,' F' i CJ i O 00 mo �x �L=7 m N7y owmmxl mhi �aL=7 NNivc� ivt-' w�-3 �t-' oN� N7y N� 7y � xl � :d � o � � (n � (�] � (n � � � � t7 � !n � (n � � � 1y � L 7 � r-i � � � � L 7 � L i � � H � N x N i N �J] N Q N x N N N N N(/] N Q N�] N N N N'j,] N 7� N 7� N N'ri1 N r N i [+y i'7� 0 oz oy oy or-i o� o000 oy o 000 0 oG] o�] o0 0 o i i� N� Nr] N� N�v NC NH N�NN i N� N�v N�N Nn N Nx NNt7 Nti N i i� N[�y N TJ N�1 N N tJ N(J] N N N N N N(J] N N N N Q N TJ N',Jy N N r N Q N i i [�y d e� � x � m ro � r � e� x � � H z � e� �n o z r� x ro � n z � � (] (n H H G � H Z � � Cn H Cn � � !n 'b x1 'b H l7 C=] t-' '7. H x1 O � � � � L=] O ro n t-' h] H H H H Z i i H z o t� H t� n n � � H z z z � y n c� m � � z z m o y o � n � � n t� ro � ro o o � � m H y ro m ro H � � � o z x � �n o z H � � y d � o ;� n � z � � � H � n � H n � � v� o t� y z � � 4' 4' Z i H 7� i i ro ;u y o � � � o ro�ro roH ro z rordx ro� Nz o0o n roH z z� z��d� z � rr qm h�n t� cHro� �• o nnn o oz t� t�H t� �� t� � (n �C O�-C �� -C hi C] r] G] H� �-C b7 N H H�-3 'b t-' C] n 'U x1 n �-3 �(n � H ro o- ;nz xr� ;n• N H � �t� t� � n� y o z x o o ro y r r� o ro ro ro e� n o H o z� z� e� r o r m H ro r m ro ro ro ro � � ro z � � H � C r d H C m ro m m C H t� t� t� � � � t� � n� ro� t� V] `d L�7 H L 7 c'i �""� CJ `,d �� hJ UJ H G� F'.. H 'S. � H� -7i Q� Cn N �-C � C N Cn � C] N � C H x1 N Cn � Li N H H H N x1 N N �] N '�] N �] � Li � H i 17 7j �P [�A �P \ W Cy W H W (/] �J H W Cy W [i] W Cy [[ W H N G] N H N H G] F' H O � I O� O �l7 I-' �, I-` O �, iP �, W 'fJ N �l7 Cf� C N �, N H O �, �, �, O -�/i F-' C I-' '�l O C J O '�l O H I Z I '�i7 Otn �o w OF' �o t-'m L=] t-'tn �tv m CnlnCn�P H�P Oo t-'� x1Zw t-'m C] � � '� �7 ',77 �7 F' H Q1 ',�J �7 Q1 il Q1 ',�J O TJ W N C J W �JJ N Ol C 1 C 1 �P U1 ',77 I I� y z r� z z z z r� n z r� � � r � ro � o m ro� m� � � � � �3 �3 H H L=] '� O � � 7b '7. r] H � i i x y y z � � y i i I I I I I I I I I � � � � i i N N lJl N W�7 W W N [+j N N N F' �P �7 �7 W i H i F-' O Ol O N Ul O O O �/] O] O] O] 1P �D 1P 1P W I'Z I u� N m N N tv N N N H m �o �o u� �o �7 ui w i C i m N O N N l0 N N N �$ �P �P �P l71 m F' �7 m i Q i O F-' O � � O W 10 10 �O W W �O W Ul I H I �O l0 �7 �7 l0 W W W Ul F' Ul I (] I N N �o �o N lJl lJl ln lJl �o �7 i L�7 � O� � �O �O � Ol Ol O� W I I �7 �7 O I I � � W I I � � I I O O � � N N I I � � I I I I I I I I I � ro � � o � � �x� � � � � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i i � � � � � � �� ro � � � � � � � �� e� � N N N N N N N N N N N N N N N N N N N N N N i rJ i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i� i N N N N N N N N N N N N N N N N N N N N N N i k i N N N N N N N N N N N N N N N N N N N N N N i [ij i i � i � � � � � � i i i i i i i i i i i N N i i O O �7 �7 i i W W W W N N F' Q� F' F' Q� �7 �P I H I , , , . . . , , . . , . , , ;n , N N �7 �7 lJ1 U'I �D �D F' F' N N F' N F' F' W F' U1 O F' F' �D �D F' F' N�D N F' F' O i'J�" i �7 �7 61 61 N N Ul l71 F' F' F' F' �P N�P Ul 61 Ol Ol �P �A N Ol �7 61 Ol Ol �O �O l0 l0 F' �O O l0 l0 O i � � C] O O o] o] F' F' W W �7 �7 O� Q1 lf1 �P W O�P F' F' N N F' �7 F' O N N �7 �7 N N N O� o] N N U1 i',TJ i �'�S' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i � � O L=] 0 0 0 0 0 0 �P �A m m o o m�P cn �P F� tn tn o o �7 �7 o cn m m o 0 0 0 0�7 m o o N i p i C,' (� O O O O N N �7 �7 �7 �7 O O 10 N W Ul �A N N Ol Ol N�P �P O Ul Ul N N O O 6l �O Ul O O O I [ I Z'�"' �z�y � H � � ro ro H 'fJ 'fJ HOL�7 �c c� ro 'l•1 ',T� 07yx1 ']�t�7 .. d h7 �47N H � O tj W \ ru�o [] O �P �c r � N O F' N F� N N N N � � z � o ro � (] a x �o L 7 \ (] N x �A � N �J o �C N N ro � H ;U Q H Q N d O \ y' o z �, d N t.,^ O [] F' '�l N rJ b7 � z x n 0 C7 C�7 0 O ro � G7 CI] w 0 0 0 0 0 0 0 0 0 0 0 � � � � � � � � � � � F' O� O1 F' F' F' F' F' F' F' F' F' F' \ F' \ F' \ F' F' \ F' F' \ F' F' O� F' \ F' \ O1 \ F' \ N\ F' \ O O O O O O O O O O O O O N O N O N O O N O O N O O O O N O N O N O N W N O N F' N F' F' F' F' F' F' F' F' F' F' F' �7 F' �7 F' �7 F' F' �7 F' F' �7 F' F' F' F' �7 F' �7 N�7 F' �7 �7 �7 F' �7 i i i i i i i i i i i i i� i� i� i i� i i� i i i i� i� i� i� i� i� O�7 �7 O O O O O O O O O O N O N O N O O N O O N O O�7 O N O N �7 N O N O N O N aoo�tmwaau�u��awo mo ao mmo �t�to maomo wo u�o wo 00 00 m o o � m m m m tn tn �P �P w N m N m N m m N � � N m m o m N w N o N m N o N o N W O O O F-' O�O I-' I-` O F-' O W N W N W N W W N O O N W O O Co N N N O N I� N O N O N I I I I I I I I I I I I I I I I I I I I I I I I I I I I �P �P �A �P �P �P �P �P �A �P �P �P �P �P �P �P �P �P �A �P �P �P �A �P �A �P �A N W F' F' Ul Ol Ol W W N N N N F' W W W W Ul Ul W F' F' W F' F' Ol F' F' Ul Ul lf1 lf1 lf1 Ul Ul Ul lf1 lf1 lf1 Ul Ul lf1 Ul lf1 lf1 Ul lf1 Ul Ul Ul lf1 Ul lf1 Ul lf1 lD � . � . � . . � . . � . . . . � . � . � . � . � . � ��a�a��a�a��cn �atn �cn �a�atn ��tn ��tn �cn �tn �cn �tn ocn W W W W W W W W W W W W W 61 N Ol N 61 N N Ol N N Ol W W W W Ol W 61 W Ol W 61 W Ol W 61 I I I I I I I I I I I I I � I � I � I I � I I � I I I I � I � I � I � I � I � W W W W W W W W W W W W W�P F' �P N�P N N�P N N W �P �P �P �A W W W �A W �P W W W O W N N N N N N N N N N N N N W �7 N N F' N N O F' F' l0 O O O O m Ul �7 O m O Ul l71 �P O W 0 0 0 0 0 0 0 0 0 0 0 0 o Cn o x o Cn o o Cn o o(n o 0 0 o xl o y o hy o hy o hy o p �o�ommm�o�o�ommm�o�oro mtJ �oro mm[� �omTi �o�o�omo �ox �tJ �ob m:c] �oro �� Z � th �� x �� Z � th � Z � .n � H � th F' F' F' F' F' F' F' F' F' F' F' F' F' H N F' C] N F' H N N - F' F' F' F' F' F' '7. F' Cf] F' '7. N'7. mmcommmmmcommmmZ ocn �aH tnm'z] oocn tnsstnx m'U tn �tb �H m �� H � � � 1y �� Cn �� xl � n � q � � �.,' N N N N N N N N N N N N N N�J N r N N x N N(] N N N N(J] N[+j N Q N� N(] N Q 0000000000000Cn ot-� oy oo�-C oot-� 0000(n oCn oz o oLy o� NNNNNNNNNNNNNO NC N�C NN NN[ NNNN� NCn NH NH NZ Nx1 N N N N N N N N N N N N N r N N N N',Jy N N trJ N N N N N�Tl N rJ N'7a N�] N Ca' H '7. (] O � C] :c] ,T, H G C7 O O (] � C=] H ;rl Z � H C b O n] !n Cn ` H ;d Z O H H Z H Cn a� '�, xl 7, G] V� C. C] H � n z c� H y ( ] � �i H H � '7. Z ` (] H Z n n n n n n n n n n n n n z � �� ro N N N N N n d cn r z ro Li Li L7 L7 L7 Li Li Li L7 L7 L7 Li Li L7 T1 Cn Cn 1y o 0 0 0 0 0 7� 7� L7 7� rrrrrrrrrrrrr H ro roro zz �� o z� n�c rrrrrrrrrrrrr � m xx xe� NNNN ro H z� ro m m �� y n o ro ro ro ro ro ro ro ro ro ro ro ro ro r r m cn �� x �v � r r .`i'. .`i'. .'T. .'T. .'T. .`i'. .`i'. .`i'. .'T. .'T. .'T. .`i'. .`i'. Cf] Cf] H H G� 4� H H H H 5'J �f] �J H C 0000000000000 � r� roro �nmmm z k� z '�. '�. '�. '�. '�. '�. '�. '�. '�. '�. '�. '�. '�. N n7 N t+] N N ro ro N [� n n�] N G] N N H N G] N Cn N r� r� e� e� e� r� r� r� e� e� e� r� r� � e� � r� � r r� � r� �, m�, r� �, �, [ v, v�v�cncncnv�v�v�cncncnv�v�N y� � o HHO nnn�o �� t�� roo �o m �-C u� N �P C�] L�] O O O O O m !n �o � � C�] �P O m � N o m N in mm� ZZZZ� w t7� Zm m� 7�N m n n n n z y y z o rorororo �n n � o r� r� r� e� z � H H H H H L�7 xl m r� r� r� e� ro d � m ro ro ro ro H � � � z z Q Q Q Q 4 4 4 4 �P �P �A �P �P �P �P �P �A �P �P �P �P WWWWWWWWWWWWW ui ui u� u� u� ui ui ui u� u� u� ui ui Q� Q� Q1 Ol Ol Ql Q� Q� Q1 Ol Ol Ql Q� � � 1A � � � � � 1A � � � � m m m m m m m m m m m m m N N N N N N N N N N N N N N N N N N N N N N N N N N �� N��N�� N��N�� N��N�� 0 0 0 0 0 0 0 0 0 0 0 0 0 �� N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N F' lJl lJl h] h] h] C+7 N C+7 U1 �O N W W W v�mmm � m � � o w �o �o H H H H �o H �o tv N O� Ol O ��$ �$ � Ol � O� O N Ol �P Ul W W W W W N I N O N Ul l0 'x] Ol N H O O� z � r � a � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � � �� N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N F' N F' N o] F' N N N N N N F' F' F-' N F-' O F' �7 �7 l0 �7 F' Ul �7 Ql N O] O] N W W �P �P O] O] O O 61 �P 61 F' �P �P �O F' N W�7 �7 O�7 F' F' �7 �7 l0 W W N�7 O �P O�7 N Ul W W F' F' Ol 61 �A �P F' F' F' W W O] �7 �7 U1 W W O F' F' �7 O] O] O] 1P 1P Ol Ol N N�D F' U1 O Q� �P U1 lD �D F' F' U1 U1 �P 1P U1 U1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ul �O �O l0 Ul Ul F' �O �7 l0 W O Ul W �P �P O� O� W O�P W O�P O O O O O Ol O� N N �7 �7 Ul Ul O O I� N N N�7 �7 �P I� Co N Ul O Ol O 10 10 I-' I-' W W Ol I-' �O O O O O O O �P �P Ul Ul Ul Ul N N O O i i i � ',b � I (] I �] I �] I d x � O � � h] � �.' � H C] i �i � � x i y i i I I i � i i i I I I I 7y (] i i G x � � � h] I I b] (] I I �7 x i i xj i i i � �-3 � C � 7y � �y i Z i d � t7 � O i � i � � H � i py i �1-, i i � i i � i i C�y i i i i i i i i i i i i i � � � I I i i i i i i i I I I I � d � � ti7 � � m � � n � � � � i H i C I n7 I [.j i y i 7� i H i tJ � a � a i 7, i � i i � �x � � � � i i � � � � � � � I I I I i i i i i � � � � � I H I � z � � c � I Q I i H i i (] i I [t] I I � � � � � � � � � � � � � � � � � � � ro � � o � � �x� � � � � � � � i i � ro � � � � � � � i i i k i � e� � i � i � � � � � � i i i i i i i i i i i i i i � H � � � � � z � � ��n � 'S� � � '�.' � � � Q � � Q � [ � i [ i �i x �z�y � H � � ro ro H 'fJ 'fJ HOL�7 �c c� ro Q � � h7 � b7 .. tj � �47N H � O tj W \ ru�o [] O �P �c r � N O N N N N N N m � z � o ro � o x � � � n N x � � N �J o �C N ro � H ;U Q H Q F' C7 0 � � o z �, d � N t.,^ o � N � N rJ b7 � z x n 0 C7 C�7 O O ro � c� CI] � 0 0 0 0 0 0 0 0 0 0 o i i � � � � � � � � � � � i i F' \ Ol F' F' F' O� F' F' N\ O� \ F' F' \ F' \ N\ F' \ Ol \ F' \ F' \ F' N N F' \ F' Ol F' F' F' N i',Jy i O N O O O O O O O�7 N O N O O N O N �7 N O N O N O N O N O�7 �7 O N O O O O O N I (] I (] N�t wNNNtvNNO�t N�t NN�t N�t o�t N�t N�t N�t N�t NooN�t NtvNNN�t i(�] � 17x i� i i i i i i i i� i� i i� i� i� i� i� i� i� i i i i� i i i i i i i O�� h] O N �7 O O O�7 O O O N �7 N O O N O N O N O N �7 N O N O N O O O O N O�7 O O O O I [ I y(] tno ou�maom��to 00 �t�to mo �to 00 00 �ao wo [v�t�tino mommao i Z i L],'S tnN otnmmom��N oN ��N mN �N oN oN �N mN [v��tnN mommmo i y i O N O O Ol Ul O�O F-' F-' N O N O O N �O N I� N O N O N O N O N O F-' F-' O N Co O Ol I-' 6l O I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I �P �P �P �P �P �P �A �P �P �P �P �P �A �P N �P �A �P �A �P �P �P �A �P �P �P �P �P i � i N F' N W W F' W N Ul F' Ul Ul W Ul F' F' N Ol F' Ul Ul N W F' W W W F' I I Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul �D Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul i i . � . . . . . . . . r . � . . � . 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I I �i � �cn �a�a��a�ain �u� �a�cn �u� �cn ou� �cn �u� �cn ��a�a�cn ��a�a�� [x W 61 W W W W W W W W Ol W 61 N N 61 N Ol N 61 Co Ol N 61 N Ol W 61 N N N N 61 W W W W W W I I � Ci7 i m i i i i i i i i m i m i i m i m i m i m i m i m i m i i i i m i i i i i i i i b7 C] �P Ul W W W W W W W W Ul �P Ul N N Ul N Ul N�P O�P N�P F' �P �P �P N N N N�P W W W W W W I I Ci7 �'v O�P m m m m m m m m W O N F' F' F' N O F' �O O m Ul �7 N m O Ul F' N O F' �P N N N N N N i i �1 � �-3 � C o� o0000000>C o� oo� oC oC o� oy oyy oy 0000y o0000o i xl i L] �o t] m m �o �o �o m m m[� �o � m �o b m o �o b m Z w t] � Z �o t] m m m �o b m m m �o �o �o i Z i Z � x1 �� hi � H �� t-' � (n � C7 � H � C] � C7 � x1 �� x1 �� C7 No NN�NNNNNC NL7 00 � Nm �o [vH �x [vzl Nxl NNNNG� N��NN � t7 � o wx mmmm�t�t�t�t w;d tntn� w m.n coL7 tn tnL7 �t�C commmhi commmmm � 7y � xl � �� Li � �� 1y � t-' � � t7 � Cn � � � �� H �� i H i N(] N N N N N N N N'.7y N(] N N'ri] N H N trJ N N�J N N Q N N N N N N N N N N i [+y i'.7y 00 00000000L] op ooy o�] o1y o� ot-� oy oC o000 00000o i i� N:a NNNNNNNNA N� NN Nx NH N� Nt] No Nt] NNNN NNNNNN i i� N TJ N N N N N N N N G] N(J] N N(] N�] N�] N �y N�J] N CJ N�Tl N N N N N N N N N N i i [�y O �-C t J O H \ CJ b i i xl xl � '-1. n] C] C] � � b C � G] H O x � � H '� C,' Cn C+7 � � H H z x Tl i i Q H H [+] I I z o y ro ro � � '7. �C t� i i � � i i � � � i i C�] C] bJ i i .� � H i i C bJ Z � � H G] i i n � � t�y � � y CCCCCCCC r� mz t-� m ro � z H nnom nnnnnn � C7 � O HHHHHHHH L=] [O H � �i C L�7 Z Ot-'h7H L�7L�7L�7L=]L=]L=] � L�7 � Z H H H H H H H H '� H ro(] �] H i-G�' Q H U] h] [ij h] '� r r r r r r � U] � r� rrrrrrrr xz rox x y z�� ro��H rrrrrr�n� 'ri1 H H H H H H H H r�J] �] Q trJ [+] [+y Z(] V] I'fJ I H H H H H H H H r H r � n t� H t� q ro ro ro ro ro ro� H� C r+y H H H H H H H H p [ij �J] �J C O 'i] H ��. n7 .`1". .`7". .`7". .`7". .`7". .`7". i �l7 � Ci] z e�e�r�r�r�e�e�e� n m[ � z � � mc�cnro o00000 � y� z [ij N (J] (J] �J] �J] �J] (/] (J] (J] N �J N ny N C N N (/] N H N [ij N 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N . . N . N . N . N . . N . . . N . N . N . N . N . N . N . N . . . . i i 7. C] o cn o o tn � tn �a tn o tn o o cn � o o tn o tn �a tn o tn �a tn � tn �a tn � tn �a o�a �a � �[ x O 61 O O Ol W 61 N Ol O 61 O O 61 W O O Ol O 61 W Ol O 61 N Ol W 61 N Ol N 61 N F' N N I I �[+] i m i i m i m i m i m i i m i i i m i m i m i m i m i m i m i m i i i i i i b7 C] O�7 O O�7 �P �7 N�7 O�7 O O�7 Ul O O�7 O�7 W�7 O 61 N Ol �P 61 N Ol F' 61 N O N N I I [+] '�.,"' O O� O O�7 O O1 N Ul O�A O O W F' O O N O F' �7 O O�O F-' O� O�7 F-' Ol �7 Ul N O N N I I'�1 I I I I I Fj I C o c� o o�] F' n F' (] o n F' F' trJ N N N 7J o trJ N 7J o y7 o yy o y7 o yy o y7 N N N N i xl i L 7 �o x �o �o 0 o H o 7y �o ;u o o t] o 0 o t] �o 0 0 0 �o cn m C �o r] �o Z �o cn o 0 0 o i Z i Z �H ��] �H �x1 ��-C ��x1 ��t-' ��-C �b7 �H �t-' �L7 �O �'ti �� C7 N�J] N N�fJ O F.,'' O �Q N(J] O O�"Jti" O O O N F' [] O - N� W H F' N'�" N[] O O O O I CJ I p mb mm w iv❑ sH F'F'H F'F'F'b7 �o;d �tCn st7 F'� mcn m7y mZ NNNN i 7y � xi �G] ��(�] �O �L] �L7 ��C] ��0 � � �'�i �7� �O � � �� H � N Q N N Q N hy N �J] N[+y N N x N N N r.,^ N�] N hy N Q N N r N(] N� N N N N i [+y i'7� 0 0 o t-� o o y o t-� o o - o 0 0 o xl o;tl o xl o x o r-i o O o r-i o 0 0 o i i� NC NN� N�] N N N�Cn NNN[� N� NO Nt7 NLi Nt7 NG NC N�NN � �� N',b N N N Q N',b N CJ N N N N N Q N(] N tJ N N',b N N 7y N r N N N N i i [�y x Ip C G H W x1 x � H C � H (n � � L7 O � H (n L7 'b (n r] Z H � �-C � � Cn H � O H C O L=] H x (n H � � y bJ ,`i1 L 7 ,T1 H Ci] H t-' '7. � � r r H ro H ro � z ro z� �n t� H n � � H H � � m ro y n � z �c � n � � m z z � c� H z � v� r� � � �-3 G] x H H hi O r] H H H � � � z, e� v� H m z x H r� z v� � � H H o o � n t� � � m c� z z � � a x �v n � � y y � r r� � � H (n '7. '7. i i Z r] H H � � G] xJ t�] � � m� m m N � ro m m m m m ro C ro C � z r z ❑ �� r� � d� t� t� t� z x r t� t� t� t� t� q cn � n t� t� H z z z z x � t� � roH roro d e� o roro rororo r e� zx d � n H H � m� HZ HH L�7 � HH HHH t-' �(n [ n] [[[H �(� � � � � 70 t-' � � � � � � h] O U� :n H O U� V� :n � 7J � m �� ro c mm ��r � � c� [ r� � ro e�r�r�m � H � � C�] H H y (] C�] L�7 C�] ;U H H � b n7 W � H i n7 � C�] L 7 Cn Cn t-' x C�] L 7 C�] Cn i0 C h7 Cn h7 x Cn H H H G� � H� Z x1 (] (] G] L�7 x1 x1 H(] Q � O x C b �� b� i H i 17 W W H W 'fJ W V] W N G� O N U7 N `� N L'7 F' H F' C'i F' F' F' �JC �JC �' V] I O� O 0 o Cno Zo Ho tv x ;UO L]o �]o HN L7N CN �N N i Z i xl m w [v L=]o 170 o H tn t-'w L=]w �A Cn�P H�A wN � roror� � � N o Cn [v zl in Li � � � H u� N m �� Z N u� � N 7� 7� � � � x h] H G] G] I� �-C �-C 'U � � � C] 7� t� '� '� h] � � r�-i Z GZ] n �� vZi i i C] '7. O L�7 h] h] � � r� r� r � � � n Q t7 u� N N � � y Z y o N N i i o n t� • � � � � � x 7y u� . . � � L 7 Cn o�t �t i i (n u� Jt � � � � � � i i N h] 61 �P F' H �O F' I H I Ul hj �7 O F' H O] N I'yti I N I� N I� O I� I� ln I G' I l0 �P I� � I� O �O �7 I Q I W �7 �O F-' W O O �P I H I N W �O F' �7 F' O �7 I (] I N I� � Ol �P � L�7 � W �O � O I I J � � I I U1 ` W I I � I I O I I � � N I I � I I I I I I I � ro � � o � � � �x� � � � � � � � � N N � N � N� N N N � N � N � N � N�� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i hy � � �� i tJ i N N N N N N N N N N N N N N N N N N N N N N i rJ i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i� i N N N N N N N N N N N N N N N N N N N N N N i k i N N N N N N N N N N N N N N N N N N N N N N i [ij i i � i � � � � � � i i i i i i i i i i i i i i i �P cn N �t �t N tv w � H � , , . , , , . . , ;n , U1 F' W�7 O �P �P U1 U1 O F' l0 F' W W �P �P U1 U1 F' F' F' F' N N F' I'z I O O O Ol Ol N N Ul Ul W Co N�P 61 �A W W Ol 'Jl Ul W W F' F' F' F' 61 61 F' F' �P �A N I I'�J i] O W O N W U1 U1 �P �P �P �P l0 O�D W�7 F' N N N �7 �7 W W l0 lD O] o] N N O] o] W O] O] F' I',J� i �'�.1�" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i � � O L=] O W �P � N Ul Ul F' F' F' F' N O N N O� O �O �O �P �P O� � l0 l0 Ul Ul O O �7 �7 �P W W�7 I O� �i i] oa mow oo ww �t�t o00 o�w�t �a�a �t�t wco 00 00 0o wco �t�t�ttn i[ i Z,� i i i 7� i y � H � � ro ro H 'fJ 'fJ HOL�7 �c c� ro � � 07yx1 ']�t�7 .. d h7 �47N H � O tj W \ ru�o [] O �P �c r � N O F' N F� N N N N � � � � o ro � (] a x �o C'] � (] N x � � N �J o �C N N ro � H ;U Q H 0 F' C7 0 � � o z �, d N t.,^ O [] F' '�l N rJ b7 � z x n 0 C7 C�7 O 0 ro � G7 C7 J � � � � � � � � � � � � � � � 0 0 0 0 0 0 0 0 0 0 0 0 o i i F' \ F� \ O� O� O1 \ Ol O� N O1 Ol \ �7 \ F� \ N\ F� \ N\ N\ F' \ F� \ O� O� O1 Ol \ O� O� i'SJ i O O O O O O O O O O�7 O O O O O O O N O O O �7 O �7 O O O O O O O O O O O O� (] � (] N� N� NtvN� �o�oo[vN� cn� N� cn� N� o� o� N� N� �o�o�o�o� �o�o i(�] � 17x i� i� i i i� i i i i i� i� i� i� i� i� i� i� i� i i i i� i i i O�� h] O N O N Q� Q� Q1 N lD �D O�7 �7 N O N O N O N O N O N O N O N O N O O O O N �D O I [ I y(] tvo �to 000o tvN�t000 00 00 0o mo �to �to �to mo 0000o No i Z i L],'S tv N � N o 0 o N o o � o o N o N o N o N m N � N � N � N m N o 0 0 o N o o i y i I� N O N O O O N O O I-' O O N O N O N O N O N I� N I� N O N W N O O O O N O O I I I I I I I I I I I I I I I I I I I I I I I I I I I I � � � � � � � � � � � N � � � � � � N N N N � N i � i N u, N N N N N u, N N N �P N m u, u, u, w u, u, m m N m i i Ul lf1 Ul Ul lf1 Ul Ul Ul lf1 lf1 Ul 1P Ul lf1 Ul lf1 Ul lf1 0] �7 W N Ul W i i . N . N . . . N . . . . . N . N . N . N . N . N . N . N . N . . . . N . . i i 7. C] �cn �atn ��tn ��atn �cn otn �cn �atn �cn �atn �cn �atn 0000tn �o � � [x N 61 W Ol W W W Ol W W W W W Ol 'Jl 61 O Ol W 61 W Ol N 61 N Ol N 61 N Ol O O O O Ol N O� � �[+7 i m i m i i i m i i i i i m i m i m i m i m i m i m i m i m i i i i m i i i i b7 C] N�O �P l0 W W W W W W W W W W 61 W O W �P W �P W N W N W N W N W O O O O�7 N O� � [+7 'jY"' F' F' O O Ul N N l0 N N N N N m O�7 O Ol O Ul O�P N W F-' N F' F' N O O O O O l0 F' O I I'�1 i i I I I Fj I C N� ob7 NNNl7 00000n o� on o� Nxl o� on o� on 0000n oo i xl i L] oH mH 000Ti �o�o�ommtJ �o• mo �oo 00 �ot] m[ �o� mo �o�ommTi �o�o i Z i Z � �-3 � t-' � � � H � � � � � Z � C7 � O � � � b7 � Z � b7 � b7 � � � � � � 'b � � i � C7 O� F' L� O O O',b N N N N N y N• F' 'Jti" N(] O[ij N y N F' N� N N N N H N N i CJ i p w m NN�v inssNN� �a� m wb N:ci �xl �'z] �o.n u�L� mmcomH mm � 7y � xl �O �t7 ��7.1 ��7,1 �• �7,1 �Cn �H �;ly �O �H �7.1 ��0 �� H � N h] N�J N N N[+y N N N N N t.,^ N N�J N�] N N r N Q N Q N(] N N N N r N N i [+y i'7� O O C� O O O(] O O O O O O G] O TJ O O(] O O CJ O'�i7 O H O O O O O O I I �fJ N'�] �Z NNNO �NNN�C NO �H NC] �C NH �Cn NL=] �� NNN�b7 NN � �� N�Tl N H N N N G] N N N N N H N C N CJ N',b N',b N C.' N N N r N N N N[i] N N i i [�y H L�7 �. �. C�] Cn W 4" :n H H C� � � r H x z r cn � z z � e� � � r y z � t� o n n cn ;� � � r� H � x z s� � ro � � � � o r� z, z x c� � � z z �c H r� � e� � � y m ro � r � � n � t-' :cl H cn � � O L�7 H b7 ',b i i z H z � z r � � ro z � � � �7 � � O C] � H G] Cn � � z e� H x � � � t� o y � � y ro z o � � H 7, i i � (n � ro ro o ro ro ro ro ro �-3 G] C] H H.n H .n 7y .n .n Cn (n .n .n � C7 � L=] 7J L=] O O'7. '.t,' '.t,' '.t,' '.i,' 'J4' L=] '� '� '7. x1 G' 7J x1 Cn Cn L=] L=] L�7 L�7 L=] L=] � L�7 � t-' �-3 .n Cn � O O O O O ;d (n b7 (n ;d 'U H y ro ro ro ro ro ro ro �(n � t-' Cn L=]HHt7 ZZZZZ 1y x r ro Hh7 h7 HO x HHHH HH �(� � �. 'i7 �1 b � h] h] h] t�] t�] :n t�] h] t�] G] C] � � � � � � � � 7J � L=] L�7 G] G] H H (�] '� Cn L=] t-' � b7 � b7 b7 �� H � C, v� ;� n t� t� v� v� v� cn cn � � n H H � y H C J H L�7 � H � ro� t� m x � t� t� t� t� t� y x x H H ro n m t� m t� c� m� y� z t� � ��;u ;u z o � o o ro � n� �;� v� n� H � d x1m x1� 17 � CCCCCW � W Cnw ;dw Zw Zw rw L]w w w i p i p Lio N Cn N HHHHHtv ;uN L7N G]N CnN N HN bN N o i Z i;u �N �a N nnnnn�o �� u, t�cn u, row t�N �N o �o � � ',c7 W O] �P C 1 C 1 C 1 C 1 C J U1 C] W TJ O] Cn �7 W 1y F' Cn �7 Q� O �7 I I x h] x � x7 :n � � Cn '7. H O � � x � :n C] � � � O H i i �3 G' 7b i i m '7a t� � � y i i I I I I I I I I I � � � � i i �y �7 N N Ul 'Jl �7 lJl lJl 'ri] N O 61 i H i [�] �7 O O �7 �7 O] �7 �7 O l0 O O I'Z I H �7 w Co I� I� W I� I� N N �P N i C, i H cn Cn (n m o w N N cn w �P � i p i ti'' �o Ci] L�7 w 6l �o Ol Ol w lJl ln w i H i ro ro m m N m m m Ul �P F' i (] i C] H H �n w w w w tn tn w i t�y i hy N N o i i V] N N O i i x � � � � � � � � � � � � � � � � � ro � � o � � �x� � � � � N N N N N � N N N N N N N N N N N N N N N N N N � � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i hy � � � �� i tJ i N N N N N N N N N N N N N N N N N N N N N N N N i rJ i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i� i N N N N N N N N N N N N N N N N N N N N N N N N i k i N N N N N N N N N N N N N N N N N N N N N N N N i [ij i i � i � � � � � � i i i i i i i i i i i i i N N i i F' F' F' N N O� N o] i y i . , , . . , . . , ;n , �oNwtn Ntv � �t�t mm �� tntn NN NN oNm�o tn i Z i F' Ul �7 �7 W�O �O W N F' �P N N N 61 61 O O O O F' F' O O �7 �7 W W W W F' O 61 O W N�7 I I'� (] �D �D lf1 lf1 �P �D �D �P Ol �D F' O O�7 N N N N �7 �7 0] o] �7 �7 F' F' F' F' lf1 lf1 �7 O o] O lf1 �7 U1 i',y� i �'�.1�" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i � � O L=] O�7 O O �7 O� �7 W �P F' O N N F' W W W W �7 �7 �P �P O� O� �P �P �O �O F' F' �P O Ul O l0 W�O I O� �i i] Ul I-' O O N Ol W I� N W O�7 �7 �P Ol Ol Ul Ul N N O O �P �P F-' F-' 6l Ol �P �P �7 O N O 10 �7 �O I [ I Z'�"' �z�y � H � � ro ro H 'fJ 'fJ HOL�7 �c c� ro 'l•1 ',T� 07yx1 ']�t�7 .. d h7 �47N H � O tj W \ ru�o [] O �P �c r � N O F' N F� N N N N '�7 'S� � � o ro � n a x �o C�7 � (] N x � � N �J o �C F' N ro C�7 H ;U Q H Q N d O \ y' o z �, d N t.,^ O [] F' '�l N rJ b7 � z x n 0 C7 C�7 O O ro � G] C7 m � � � � � � N � � � � � � � � 0 0 0 0 0 0 0 0 0 0 0 0 o i i F' \ O� O1 \ Ol F' F' F' N N N F' \ F' \ F' \ F' \ F' F' \ Ol Ol \ F' \ Ol \ F' \ F' \ F' \ N N F' i',T� � O O O O O O O O O�7 �7 �7 O O O O O O O O O O O O O O O O O O O O O O O O �7 N O� (] � (] N� �o�o� tvNNNOOON� N� N� N� NN� tvN� N� �o� N� N� N� o�tN i(�] � 17x i� i i� i i i i i i i i� i� i� i� i i� i i� i� i� i� i� i� i i i i O�� h] O N O O N �7 O O O O O O O N O N O N O N O O N �7 �7 N O N O N O N O N O N O O O I [ I y(] mo 000 oaaw�t�t�t�ao mo ao tvo aao 000 00 0o mo ino mo �tow i Z i L],'S m N o o N o m m w � � �� N m N m N tv N m m N o o N o N o N m N tn N m N � o m i y i 10 N O O N O 6l 6l N I� I� I� O N Ol N �o N O N �o �o N O O N O N O N I� N O N O N I� O I� i i I I I I I I I I I I I I I I I I I I I I I I I I I I I I � N N � � � � � � � � � � � � � � � N N � � � � � � i � i W Ul m F' W W F' Ul Ul Ul N W W F' W W F' F' �A O� W N F' Ul F' O� I I lf1 �7 N Ul Ul Ul lf1 lf1 lf1 Ul Ul lf1 Ul lf1 Ul Ul lf1 Ul �P N lf1 Ul lf1 Ul Ul Ul i i . N . . N . . . . . . . . N . N . N . N . . N . . N . N . N . N . N . N . . . i i 7. C] �atn ootn ��a�a��cn �atn �cn �atn ��tn �a�cn otn ocn �tn �cn �tn �� [x W Ol O O Ol N N N N N N N N 61 N Ol N 61 W Ol N N 61 W W 61 O Ol O 61 N Ol F' 61 W Ol N N W i i �[+j i lD i i lo i i i i i i i i �D i lo i �D i m i i m i i m i m i m i m i m i m i i i i i b7 C] W O O O O N N N N N N N N O N O N O W l0 N N�O �P �P �O O l0 O�O N l0 N�O �A l0 N N W i i [+j x W�P O O W N N Ul F' N F-' F' F' N N F-' O O O l0 N N� O O�7 O Ol O Ul O�P �P W O N F' F' W I I'�1 I I I I I Fj I C o� oo�G o0000000x o�G oG] o�] oo�] NNG] ohy N� ohy N� ohy NNN i xl � C] �o L i �o m O �o �o �o m �o �o �o �o O �o O �o ;rl �o ;c] �o �o ;U o o O � C o C �;c] o;U � C o 0 o i Z i Z � � �� C �� 'z] � hi � 7y �� 77 ��'U � tJ � b � 7y � H � O �� i i C7 N CJ N N[ij N N N N N N N N[�] N hy N',b N hy N N H O O',I,' N[ij O y N'J�" O(j N� O O O i CJ i p m�-C mcoZ NNNNNNNN u�� m�-3 F'i--i �amZ NNhi �tH F' u�N �t-' u�C7 www i 7y i xl � �� Cn �� 17 � � � � x �� G] �� xl � � Li � � Li � �� H � N x N N�] N N N N N N N N[+j N 7� N'ri] N N N[+y N N N hy N�J N'j,] N �.,^ N�] N N N i [+y i'7� o r-i o o L y o 0 0 0 0 0 0 o h7 0 o r-i o tJ o o xl o o Cn o;U o zl o L y o o O o 0 o i i� N� NNH NNNNNNNNO Nb] NC NH NN NNH NH NH N�U N'x] NH NNN i i� N�] N N'7a N N N N N N N N�] N rJ N[�y N(/] N N N N',b N CJ N x N rJ N H N',Jy N N N i i [�y H Cn � O xl H H L�7 O xl C � � G] V� H C+7 bJ G] C+7 � � H L=] • O '7. x1 7� Cn � � z n � n o t� � � t� � � n m m m y z � ro t� n � � o H H r� H x r a � � d n o � z H H ;n � � � t� z n � n t� H � � � 1y Cn n] H � � H ro r n �c � � z z H r o � � � � o z � v� � � r n H ro m � � G z b o � � n n z n � � y ti' i i 'f,1 .n Cn h7 'U C7 H'b (n 'b .n (n t-' .n O �] �] (n Cn x Cn b7 'z] ',i1 'z] C] ;d i C7 � L�7 L=] L�7 '� '�7 x1 ',T� ',b O.'i1 H O '�7 (] x1 x1 L�7 L=] � L=] O H L�7 ',� '.t,' H i L�7 � H roro HHHroHroo C7 b7 H HH roro C7 'b Z xl 'ti b70hi �(n � � HH HZt-'L�7Z7�G]Tl L=] ZZ HH H t7 L=] t-' :dTl� i(] � b7 i i h] �-3 t-' H'U b t-' '7. C7 C7 (] � 7y H h] b7 i 7J i m ro ro � �n G� t� H t� r r o m ro �n n n m � H� C � t� t� � m t� H G t� x � z� o o z t� �v y t� �� ro � t� H r�� H� yro o m c� nn y r� ro � �nm� � y� z C xl ;U H(n L�7 �U W C C �U 7y 7y ;U xl L�7 H C G G C� H � 17 L�]m m � �t-'Hm m 17� L�7� �� HH� Om m x1m C�]m Om 'bh7C�] � O� O j�iN o ;U (nHZo o L]� HN xxlo L7L]o CN � o o r]o rorob � Z� xl G� m m C�] L 7 Cn cn tv ;d � H tv L 7 H� Cn !n N tn � io yy m x u, r r c� � � [] 1P O] U] N O] Ul [] Ul [�] �/] F' W (] F-' �7 O H O] I �7 H H[�] I I� � r � d � � � I I �fJ �J �J] �J] I I r n z L�7 O '� � � '7. G] � � r y e� � � o � � � (] H I I �Y � I I I I I I I � � � � i i F' F' N �O �O �P �P U1 F' W ro ro ro� H � F-' N O �D �D O] O] O F' O [�] [�] [�] I'Z I � o o w w o o N N �t H H H� C� tv �o �P �P m N N �A m w H H H� O� 10 W I� �7 6l lJl lJl Ol N Ol �-C FC FC � H i I� �7 I� �P W �7 �7 I (] I W �7 �P �7 (] C] C] � CJ � O N Ul m ',7� 'fJ 'fJ i i m U� V] Cf] Cf] i i �� xxx� � � � � � � � � � � � � � � � � ro � � o � � �x� � � � � N N N � N N N N N� N N N N N N N� N � N � N � N N � � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i hy � � �� i tJ i N N N N N N N N N N N N N N N N N N N N N N N N N N i rJ i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i� i N N N N N N N N N N N N N N N N N N N N N N N N N N i k i N N N N N N N N N N N N N N N N N N N N N N N N N N i [ij i i � i � � � � � � i i i i i i i i i i i N N i i 0 o i i [vw NN NN � H � , . . . . , , ;n , U1 lJ1 O N U1 N N F' F' F' W F' F' F' F' Q1 Ol i'"1a" i W W �7 N l0 N N F' �7 �P �P Ul O W W F' F' O O 61 'Jl F' �7 �7 �P 61 Ol W W iP �P O O N N N I I',7y (] o] o] U1 N�7 Ol �D �D Q1 1P 1P U'I �7 1P O O N N O O F' U1 Q1 F' F' W �D l0 1P 1P Q1 Ol N N N N U'I O� o] i',TJ i �'.T.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I � � O L=] W W O O O �P O� O�O O� O� F' F' �P �P Ul Ul O O O�P �A l0 l0 O� �� O O N N O� O� O O W�O W I Q I [(] ��a ou�u� oatnmw�twow mm ww oo �oom u�otn u�u� oo com ww oo �a�ow i[ i Z,� i '7. i H � H � � ro ro H 'fJ 'fJ HOL�7 �c c� ro 'l•1 ',T� 07yx1 ']�t�7 .. d h7 �47N H � O tj W \ ru�o [] O �P �c r � N O F' N F� N N N N '�7 'S� � � o ro � n a x �o C�7 � (] N x �A � N �J o �C N N ro � H ;U Q H Q N d O \ y' o z �, d N t.,^ O [] F' '�l N rJ b7 � z x n 0 C7 C�7 O 0 ro � G7 CI] m N � N � � � � � � � � N � N � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F' F' \ F' \ O� \ N \ F' O1 Ol \ F' \ Ol \ O� \ F' \ F' \ Ol Ol \ F' \ F' \ O� \ F' F' \ 0 0 0 0 0 0 0 �t o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F' F' �P F' �P �D �P O�P F' �D F' �P F' �P F' �P N�P F' �P F' �P l0 l0 �P F' �P F' �P F' �P F' F' �P i i� i� i� i� i i i� i� i� i� i� i� i i� i� i� i� i i� O O N F' N �D N O N O�D �7 N O N �7 N O N O N O N O O N O N O N �7 N O O N Ul Ul O O O N O �7 O Ul N O O O O O O O O �P O N O O O O 6l O �P O O O Ol �7 O Ul Ul F' O F' O F' �7 F' Ul O O F-' O F' O F-' O F' �P F-' N F' O O F' O� F' �P F' O F' Ol �7 F' O O N O N O N I� N O O O N O N O N O N O N N N O O N O N O N O N O O N I I I I I I I I I I I I I I I I I I I I �P �P �P �P �P �P �A �P N �P N �P �P I� I� �P �P �P �P �P N N F' F' l71 N F' F' O F' O N F' l71 m F' N F' F' Ul Ul Ul lf1 Ul lf1 Ul lf1 lf1 Ul lf1 �D lf1 Ul �7 N Ul lf1 Ul lf1 Ul �� . � . � . � . . . � . � . � . � . � . � . . � . � . � . � . . � tn �a tn � tn �a tn ��a tn o cn �a tn o cn �a tn � cn o o tn � tn �a tn � tn �a � cn N N 61 W Ol W 61 N Ol N N N Ol O 61 W Ol O 61 N Ol W 61 O O Ol W 61 W Ol W 61 W W 61 I I � I � I � I � I I I � I � I � I � I � I � I I � I � I � I � I I � N N F' W F' �P F' N F' N N N F-' O F' W F' O F' F' F' W F' O O O �P O �P O �P O �P W O F' F' �O �7 O� O�7 N Ol F' N N Ul O�P F-' W O N N F-' O O O O l0 O� O�7 O O1 O Ul Ul ooZ o� o� o� 000� N� N� o� oca or ooca N4 F'xl oH NoH �o �o � m� �o H m t] �o m m tJ o H o H �o t] m tJ �o t] m m• o� o H �o Z o�o Z � � H � x1 � C7 � � � � � Z � � � Z � �-3 � 'z] � C � � 4 � Z � r] � cn � � .n F' F' L� N p N� N',b N N N',b O'"/ti' O'J�" N�i7 N hy W',b N N• O H O'�," N y O N y s s m t-' s L 7 m x1 �a tn m z1 N w m O m o Z m m N i tv m x1 tv N�C ��n7 � �(n �17 ��t7 �17 �t7 �ro �t-' �17 ��H �x �4 �� N N H N� N�] N �J] N N N(J] N[+j N[+y N Q N�J N[+j N N�J N H N Q N� N N hy 0 o xl o L] o 0 0 0 0 o h7 o hy o t-� o� o zl o o�-C o z o x o L 7 0 o zl NNL7 N�-C N':] N� NNN � NH NH NH Nb] N� NNC NG] N� NZ NNH N N N[�y N H N N N N N N N�] N rJ N G] N N Q N N�J] N�] N N'7a b ;n xJ Ip '�] O O b L�7 H ;n O O 77 H z e� r z � � z n r � z r m o � H x r d y ro H r r x n y r� H � d z t� z� z r � t� o z �n H t� t� n o r� e� m � C y z r� m H H � o r z � • z z e� H L7 ',i1 H C] L7 7y o n x H � o m � ro z y m r H � o z n H r y d x ;v o H r� � ;v � m z z r� H - m (n � Ij x1 '7. H [_] H o a - z z c z (] H Cn ` (] CJ (] � b7 � (n �-3 '7. C7 :n 'ti C7 :n �-3 'b :n '� :n 'U (n (n O C7 '.ti � n Cn '7. ',7 '7. (] L=] (] O H C O L=] x1 L�7 L=] L�7 L=] '�7 L�7 L�7 H C] L�7 � '�7 �.' .'i1 � � �C Cn r] b r] O 'U �C x1 'U i--i 'U 'b 'b � �-3 7y �-3 H [ Z h7 t-' H x H xl H � H � H H H(] t7 H L=] (] mr� � H� H m �� n z ro� r�ro ro H ro orm m y m � mm r d �ro t� z t� z m y G � � y t� t� t� t� y ro d y � m ro o o z � n � y e� e� � e� r� e� �n b N � N ro N � N Cn � ro N C] N t�7 N N t�7 N ti' N x1 x1 N 7, N x1 N Cn x1 X � b7 w w H w [ w x w p7 w � w r tv tv o H o o y�o �o o � Cn �a xl w ro N ;a N Cn N x o N n] o o Z o xl o H o 0 L 7 o Cn tn ro o m ro tn G� cn tv ,yy � � L 7 N m G� tn C�] tv Z w tv � N [�P xl N Cn �P t-' m L i o tn xl m w L i w w m � w G] m �t ro � H C H � m m o t� � z ro t� � t� t� C z e� x ro m s m z � m ro r r o c r [+] [+] H W H N `,� L 7 W i] tn o Cn (n o L] �7 F-' O • N W cn o u� u� s Ul Ul H F' �P W Co W F' Ul Q� Q� H �D O Ul �7 �7 Ul O N N i 6l I� �7 O 10 O 10 N N h7 w m N m m m o �P �P H O W W �7 �7 Z O l0 �P �P F-' O ` � � o w io 0 0 0 o s � cn �o � � N O F' N 0 J �7 O O � �� F' Ol Ol w w w Ol O W Ol �� N � N � N N � N � N � N N � N � N� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �� N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N w �a F' F' N N �7 �7 �7 �7 0] o] �7 N N F' F' W W 1P 1P 1P 1P F' F' O O O] O] O] O] Ql O] O] N N F' Ul l71 �P �P Ul l71 N N W�A F' l0 F' F' l71 l71 N N �P �P �7 �7 F' O F' F' F' l0 l0 Ul l71 l71 Ul O w�t�t oo ww mm motntn mm oo �� o�o mm tnNm NN oo mm mo�o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �O Ul Ul O O O O Ul Ul �O �7 �P F-' O� O� O O O O W W N N Ol O�7 �O �O O O O O O� O� �7 Ol Ul Ul O O O O Ol Ol Ul Ul N N O O O O Ul Ul W W �P �P 10 N I� W W O O O O Ul W W � i i i � i i � i � � r] � tJ ',�,' � O � � h] � �.' � H C] i '-1. i ti] x i y i i I I i � i i i I I I I 7y (] i i G x � � � h] I I b] (] � � h] x I I � I I I I Fj I C � 7y � �y i Z i d � t7 � O i � i � � H � i py i �1-, i i � i i � i i C�y i i � � � � � � � � � i i i i � � � � � � � � � i i � i i � C7 � � ti7 � i � i � �] � � � � i H i C � ro � � i y i 7� i H i tJ i p i p i '7, i �1 i i i � � � i i � � � i i � � i i I I i i i i i i i � � � � � I H I � z � I C I i p i i H i I (] I � ti7 � i i i i i � � � � � � � � � � � � � � � ro � � o � � � �x� � � � � � � � � � � ro � � ti7 � i � i i i i k i � e� � i � i � � � � � � i i i i i i i i i i i i i i � H � � � � � z � � ��n � 'S� � � '�.' � � � O L=] � O � 4" C] i [ i �i x �z�y � H � � ro ro H 'fJ 'fJ HOL�7 �c c� ro 07yx1 h7 � b7 .. d h7 �47N H � O tj W \ ru�o [] O �P �c r � N O N N N N N N '�7 'S� z � o ro � n a x �o C�7 � �] N x � � � N �J a �c N N hy � H ;U Q H O F� C7 0 � � o z �, d � N t.,^ o � F' '�l N rJ b7 � z x n 0 C7 C�7 O O ro � c� CI] � 0 � � � � � � � N � N � N � N � � � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i i F' F' F' F' \ N \ F' \ F' \ Ol \ O� \ F' \ F' F' \ Ol \ F' \ N \ F' \ N \ N \ F' \ F' i',T� � O O O O O �7 O O O O O O O O O O O O O O O O O O N O O O N O N O O O O� (] � (] NNNN� o� N� N� �o� �o� N� NN� �o� N� �t� N� �t� ,t� N� N i n i 17x i i i i� i� i� i� i� i� i� i i� i� i� i� i� i� i� i� i i O�� h] O O O O N O N O N O N O N �D N O N O O N O N O N O N O N O N O N O N O I [ I y(] 00000 �to mo �to 0o tvo mo 000 0o ao 00 �ao 00 0o tvo o i Z i L],'S 0 0 0 o N � N m N � N o N o N m N o o N o N m N o N � N o N o N tv N o i y i O O O O N I� N O N O N O N O N I� N O O N O N 6l N O N O N O N O N N N O i i I I I I I I I I I I I I I I I I I I I I I I I� I� I� I� �P �P �P I� �P �P I� I� I� �P �P �P �P �P �P N i� i �P �P �A �P Ul F' Ul m F' Ol �P �P m W F' N F' F' F' O I I W W W W Ul Ul Ul N Ul Ul 1P 1P W Ul Ul Ul Ul Ul Ul W I I . . . . 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I I �i � 0 0 0 o tn � cn �a tn � cn o tn � cn �a tn o o tn o tn � tn �a tn � tn �a tn � tn �a tn o � �[ x O O O O Ol N 61 W Ol W 61 O Ol W 61 W Ol O O 61 O Ol W 61 W Ol N 61 W Ol W 61 W Ol F' I I �[+] i i i i lo i �D i lo i �D i lo i �D i lo i i �D i lD i �D i lD i �D i lD i �D i lD i i i b7 C] O O O O W N W �P W �P W O W �P N �P N O O N O N �P N �P N N N �P N �P N W N O i i [+7 '�,"' O O O O�P O W O N O F' O O O�O O� O O�7 O Ol F' Ul O�P O W O N O F' O O O I I'�1 I I I I I Fj I C 0 0 0 0(n o ca o(n o� o xl 0 1p o hy o o hy N b N O o y o p o� o r o Z o i xl i C] �o �o m m [ �o b m [ �o H m• �o � m�i �o �o H o t] o Z m o �o n7 m;Iy �o H m t] �o i Z i Z � � � � b7 � � � 'b � �-3 � 4 � b � (n � � O � 'b � � � � 'zi � x1 � Z � � � i i C7 F' F' F' F' Ci N F' [ij N'"/ti' N• F' L� N(J] N N'J�" O�J] O(J] N F' H N� N tj N 7Q F' i CJ i p W W�O l0 Z7 W J] O Z7 61 Ci7 W� �O H �P 'fJ O O C+7 F' H N H Ol O �7 (7 Ol 61 'fJ W� Ul i'fJ i "�il ��b7 �� r-i �Cn � �H �[ ��L7 � �H �r �L7 �z � �r-i � i H � N N N N�J N�J N Q N�/] N CJ N �.,^ N� N N'ri1 N(] N[+y N �J] N N H N 7� N �J] N i [+y i'7� 0000z oZ o;U o or-i o 0 00 op o op oLy oL] op oy o i i� N N N N N Cn N N N N Cn N:a N H N N:h N C N(n N� N Z N A N:h N N � �� N N N N�] N Q N 7y N�J] N�] N[�y N'7a N N H N',Jy N',J7 N N C N[�y N CJ N g'+ N i i [�y H 7. 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Cn � � 7� Cn H ,T1 bJ H ,`i1 G] y x � � L�7 H b7 H R� O H O 77 ;U L=] � � � G� H � Z x1 O x1 i i � � H L=] � H H � H � ;tl i i x � H z x r H � r� H � � o z z � e� H o z z n � � r � c� y e� z z y x � � m c� - H r c� � � � e� o m r � � t-' � � z n r� :ci yy � � t� t� z o 0 0 � � � - z n m � x � � y t� ro t� o � � H x1 ',n x1 ni � � Z C Z cn � � � �-3 �-3 H H r] x1 'b �C (n O H �-C ��-C (n 'U r] C] r] C] O H � i C7 � H H H H C1 CJ O CJ C] C] 7� 1y 1y CJ O 7". �.," H 7". �.," il il Z� CJ � ,T1 ,T1 ',i1 'f,1 H (n ❑ 'b �-3 hi 7.1 C] C] 'b ',i1 O b '7, O O H hi � (n � L=] L=] L�7 L�7 � H H H t7 x x H H xl H(�] xl xl !n [�(� � :n :n ff� U� b7 x � � � � � � L�] ',d ti] h] 'l7 :n � 7J � n m � h� m m � m cn m cn m ;n t� � H� C r o H t� H m �� H r � � � o � ro� t� � Z Z C�] Z y� H H Cn L 7 � � � Cn H� H� Z N ,T1 N H F' Cn F' x1 N H F' H F' C C�' (] F' �' O F' �' O F' O�' F' b i H i 17 �o G� �o z �o H�o m � L�7 m L�7 L�7 m m ;d u, z u, u, z�P ;d �A j� �P X� o� o N Li� Oo ;UO o o �N CCo o L]o L7o o L7� L]o Ho i Z i;U tv �o t-� tn G o � o p7 � � o Cn w N N � �o H o hy � � l0 Ci] o] �7 C] U1 lf1 N '7. o] O �7 H lf1 lD F' W F' �i N ',77 i i�k '7. �-3 H Sti �C � � C, H (f] O 'zJ ',� I I O O L�7 b7 z a e� r � � m m m r� � � � u� � � J I I • I I Ul I I Ul I I i i � � � � i i F' F' F' F' �P �7 lJl F' F' N U1 i H i O O O O N O] Ol F' F' W Q� I'Z I I� I� I� I� 10 O N �7 �7 �P N i G' i F' F' F' F' O �7 O W N �7 F' I Q I I� N I� I� N i �7 w ln �P i H i �O O� Ul Ul F' F' �7 I(] I �o I� N 10 Ol �P �o �P i L�7 � �7 N m W N �y i i � i i i i i i i i i i i i i i i i i i � ro � � o � � �x� � � � � N N N N N N N N N N N N N N N N N N N N � � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i hy � �� i tJ i N N N N N N N N N N N N N N N N N N N N i rJ i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i� i N N N N N N N N N N N N N N N N N N N N i k i N N N N N N N N N N N N N N N N N N N N i [ij i i � i � � � � � � i i i i i i i i i i i i i N N i i F� N u� F' F' �P �P i H � , . . , . . . , ;n , U1 U1 N F' O N N F' F' N N W W F' �P �P �P �P W W �7 �7 i'"1a" i �7 61 61 O�7 Ul 'Jl Ul Ul N N W W �7 �7 W W Ul 'Jl F' l0 l0 �P �A W W N N W W W W W W I I'�J i] w��oN� �o�o 0o cncn mm oo �� mm�t �o�o mm �t�t o0 00 0o mm w i� i�x . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i � � O L=] �O Ul Ul l0 �P �P �P N N O O �P �P O O �7 �7 O� O� N l0 l0 O� � O O O� O1 O O O O Ul Ul �O I Q I [(] N Ol N W 10 W W W W O O Ul Ul O O W W N N�A O O I-' I-` O O W W O O O O W W 6l I [ I Z'�"' ��z�y � H � � ro ro H 'fJ 'fJ HOL�7 �c c� ro 'l•1 ',T� 07yx1 ']�t�7 .. d h7 �47N H � O tj W \ ru�o L7o�P �c r � N O F' N F� N N N N '�7 ',T� '.d � o ro � r] a x �o C�7 � (] N x �A � N �J o �C N N ro � H ;U Q H Q N d O \ 'Jy o z �, d N t.,^ O [] F' '�l N rJ b7 � z x n 0 C7 C�7 O O ro � G7 C7 � N � � � � � � � � � � � � N � � � 0 0 0 0 0 0 0 0 0 0 0 0 0 o i i N� N� N� [v� N� m� m� N N� N N N� N� N� m m m m m m� N� tn� N i 7� i O O O O O O N O O O O O O O O O O O O O O O O O O O O O O O O O O O �7 O O�(] � (] N� N� N� ui� N� [v� �o� NN� NNN� N� N� �o�o�o�o�o�o� N� n�� N i n� tJx i� i� i� i� i� i� i� i i� i i i� i� i� i i i i i i� i� i� i i O�� h] O N O N O N O N O N �7 N O N O O N O O O N O N O N lD O O�D O O N O N O N O I [ I y(] mo �ao �to 00 00 00 0o mmo wwcoo �to mo tvooNOOO wo 00 o i Z i L],'S m N � N � N o N o N o N o N m m N m m m N � N m N o 0 0 0 0 o N m N o N o i y i W N O N O N O N O N O N O N �O 10 N O O O N O N O N O O O O O O N I� N O N O I I I I I I I I I I I I I I I I I I I I I I I I I I I � � � � N � N � � � � � � � � N N � N N � � N i � i W N Ul F' �P F' O� W W O� O� O1 Ul F' F' Ul Ul F' �� O� W �P I I u, u, u, u, � u, w u, u, u, u, u, u, u, u, m u, u, N o u, u, w i i . 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N . � . i i � �] �cn �tn �cn �tn ocn �tn ocn ��atn ��tn �cn �tn �oo�aootn �tn �atn o � � [x N 61 W Ol N 61 W Ol O 61 N Ol O 61 N N Ol W W W Ol W 61 W Ol W O O W O O Ol W 61 W Ol O� � �[+7 i �D i lo i �D i lo i �D i lo i �D i i lo i i i lo i �D i lo i i i i i i lD i �D i lD i i i b7 C] F' �P �A �P N�P W�P O�P N�P O�P N N�P �P �P �A �P �P W �A W Ul O O Ul O O W �P W W W O i i [+7 '�,"' N O� O�7 F' O� O Ul O�P N W O N N N F-' O O O O O�O O� F' O O F' O O�7 O O1 �P Ul O I I'�1 I I I I I Fj I C oC NC oC oy oy oy oy ooy 000y or o(n 000000Cn o(n oCn o i xl i L] �o b o H w b m o �o H co tJ �o :d m m o �o �o m tJ �o �C � x �o �o �o m m m o w• m� �o i Z i Z �� (n �C7 �d �y �r] �H ��C ��x1 �� x1 ��❑ �x1 �� C7 N(] O Ci F' p W('] F' ',b W',I,' N i N F' L� N N N 7J N'"/ti' F' [ij N N N N N N y W• N F' i CJ i p inhi N7y �.n o�C ioZ o mc� F'� m�a�t�-C �t �tC7 mmmcommx N'zi oZ m i 7y � xl � �t-' � �h7 � �t7 �O ��G] �� H � ��Li �• �Li � � H � N trJ N N trJ N Q N� N[+y N G' N N�J N N N Q N Q N'j,] N N N N N N'ri] N N� N i [+y i'7� O'�i7 O(] O� O H O� O TJ O�"Jti" O O(J] O O O C� O'�i7 O H O O O O O O�.Ja O(] O�J] O I I �fJ �o No �H N� �[� No �H NN NNNtJ �,'S NG] NNNNNN No Nro N� �� N�] N� N�] N�] N x N�] N �y N N� N N N rJ N H N x N N N N N N� N'7a N',b N i i [�y x �U � H 7y C H H (n �U � � t� � �] t-� z by � n 17 z � t� � � � y H o t� t� t� x v� t� r � � � m e� m c� z c r e� o y �n � � z� x H � r� d z� z � H � � tn n :n H z � � m ro � � z ro �n c� � � o � c� r ro � � r r r� [ H c� � � C n m � z z � � y n s� � w H o � � H ro H y � � � o m ro z �n ro � � Z G C G� � � � Cn h7 �-C O � � � ro m H � � y m ro n m x mr �� cHH n m mmmmmm yz r y�r� � � H ro o � t� t� � t� t� t� z z x x t� t� t� t� t� t� � o n t� H � t� � n ro z o C H �c ro r r ro m m o z ro ro ro ro ro ro z d c� z� m� x ro n G] Z H b7 H t7 t7 Tl h7 h7 ;tl L�7 H H H H H H� 7� L=] �(� � o z n n o � HH rr�e� r� d �� r m� z� o ro � H x �v � z z � n n �n d m� r�� r ro � H� c H y � C ` �f1 H G] G] y y \ H x] H H�f] H H �'J '7. i n7 i [i] L� \ OJ CJ V] `,d H H � Z L�7 Z KJ L�7 Z IO Z O � H� -7i N (y' N U] N (] N p N N (] N (/] (/] N [ij p p N p N G] I� H[i] [ H[ij Ca' I� y I� y I� i H i Ij tv h7 tv [ tv x o O o 0 0 �� o H Z Z o xl o io G] O G] O io �o H io � O � O o G]o roo 77N yN N o roroo bCn(no L]o (nw x ;ux xlw bw nw i Z i;u � xl � b o � m cn iv �o h7 h7 u� H N N L7 u� H H in h7 � L7 iv � � cn 7� o, r N ro m �o w m r r�t z �o a� xl �o w ro N tn i i�k d H � HH r� c r � � � [ ] [�] '�S7 [ ] [ ] '�i7 H H (/] I I cn m cm m � n m � � n m t� 1y t� � � O h] �-3 (n � � z t� H cn � � cn o � � � �.' 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C�] � � C �i I I H H � � i i i � � � � i i N �A W l0 U7 F' F' W W W F' O F' I H I W O Q1 il F' F' O Q� Q� Q1 W �7 O I'z I W Ul N O N O 10 O O O W W I-' I G' I Ol �O O O� O F' W F' O F' F' �P F' I Q I I� N Co Ol �P N 6l I� O ln I� i H i � I� �� Ul O �O I (] I O iP O O �O I [j I �A �7 N m i i �p - i i N O i i C � � � N , i i N i i o i i i i i i i i i � ro � � o � � �x� � � � � � N � N � N � N N N N N � N � N N N N N N N N � � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i hy � � � � � � � � �� i tJ i N N N N N N N N N N N N N N N N N N N N N N N i rJ i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i� i N N N N N N N N N N N N N N N N N N N N N N N i k i N N N N N N N N N N N N N N N N N N N N N N N i [ij i i � i � � � � � � i i i i i i i i i i i i N N O� Ol F' lJ1 Ol W W � H� � � � N N W W Ul Ul N N Ul W l0 O F-' O W O O Ul I'Z I W W �7 �7 F' F' O O �7 �7 N N Ol 61 F' W Ul N F' �7 O Ol 61 Ul Ul F' �7 O Ul l0 O W 61 61 Ol Ol 61 I I'�J i] O] O] �P 1P N N O O lD �D Q1 Ol O O �7 Ol W F' N N Ul �7 �7 � O] O Ul O Q1 W O Ql N N 1P 1P 1P I �J I �'�.1�" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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',T� ni '�7 r n n cn r� r� a a r r ro m � � � Z T � lJl u� 0 0 C7 0 � �3 C+7 � � '7. c� � �3 O �3 C �' 0 * N 0 N Ul Co W � N � N I� I� m i N � � Q m �o 7y H u� x x � � W O C C7 b7 � � � N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 \ \ \ \ \ \ \ \ \ \ \ \ \ N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 F' F' F' F' F' F' F' F' F' F' F' F' F' N N N N N N N N N N N N N J �O F' N W �P �7 F' m NwN��o tntn N F' F' Ol 61 F' 61 �7 N N F' O F' O N �O �O �7 W O Q1 Ol Ql Q� �7 �7 W O W O O Q� O N O O] F' Q� �7 O] Ql 1P . . . . . . . . . . . . . . . . . . . . . . . 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Severson, Public Safety PTA President TREE REMOVAL & ABT Tree and Landscaping Services, LLC Public Safety TREATMENT Tarik Seferovic Public Works TREE REMOVAL & Vince's Tree and Landscape Public Safety TREATMENT Vince Kelash Public Works PEDDLER/ SOLICITOR The Window Store Public Safety Brody Chtistensen, Joseph Gellman Taylor Ferrence, Bradley Riederer Brandon Meyer � AGENDA ITEM � CITY COUNCIL MEETING OF October 8, 2012 �°F LICENSES FRIDLEY Contractor Type Applicant Approved BX Cheny Plumbing Gas John Cheny Ron Julkowski, CBO Dirt Pro Construction LLC Excavating Patrick Dirt Ron Julkowski, CBO Heating & Cooling Two Inc Heating Bill Hausman Ron Julkowski, CBO Horizon Roofing Inc Commercial or Gregg Scepaniak Ron Julkowski, CBO Specialty Install This Sign & Awning Sign Erector Darrin Gordon Ron Julkowski, CBO J G Hause Construction Inc Commercial or Kelly Meyer Ron Julkowski, CBO Specialty Merlin Goble Masonry Inc Masonry Merlin Goble Ron Julkowski, CBO Midwest Maintenance & Mechanical Gas Myles Ludwig Ron Julkowski, CBO Midwest Maintenance & Mechanical Heatin M les Ludwi Ron Julkowski, CBO Mr Rooter Plumbing Excavating John Wilder Ron Julkowski, CBO Park Construction Company Excavating Bruce Carlson Ron Julkowski, CBO RJM Construction LLC Commercial or Joe Maddy Ron Julkowski, CBO Specialty � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 8, 2012 � °F ESTI MATES FRIDLEI' CORRECTED ESTIMATE The following estimate was listed with the September 24, 2012, Estimates: Penn Contracting, Inc. 13025 Central Avenue Suite 200 Blaine, MN 55434 2012 Miscellaneous Concrete Repair Project No. 417 Estimate No. 3 ................................................................. $19,533.28 It should be corrected to read: Ron Kassa Construction 6005 East 250t" Street Elko, MN 55020-9447 2012 Miscellaneous Concrete Repair Project No. 417 Estimate No. 3 ................................................................. $12,255.00 ESTIMATE Midwest Asphalt Corp. 5929 Baker Road Suite 420 Hopkins, MN 55345 2012 Street Rehabilitation Project No. ST2012-01 Estimate No. 4 ............................................................................ $382,845.82 � � CffY OF FRIDLEY TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 8, 2012 WILLIAM W. BURNS, CITY MANAGER DARIN NELSON, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: PUBLIC HEARING FOR THE STREET PROJECT NO. ST. 2012-01 DATE: October 3, 2012 Attached is the Public Hearing Notice for the assessment for the Street Project No. 2012-01. The Public Hearing Notice was published in the Focus newspaper on September 20, 2012 as required by State Statute. DRN/gt Attachment CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public hearing at 7:30 p.m. on October 8, 2012 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2012 STREET IMPROVEMENT PROJECT Project ST 2012-01 Assess 10 years @ 5.25% Interest $583,546.80 2012 Stteet Improvement The proposed assessment rolls are on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments far senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. Scott J. Lund Mayor Publish: September 20, 2012 � � CffY OF FRIDLEY Date To From AGENDA ITEM CITY COUNCIL MEETING OCTOBER 8, 2012 October 5, 2012 William Burns, City Manager Paul Bolin, Asst. Executive HRA Director Subject: Public Hearing to Create TIF District #21 - Gateway Northeast At the City Council's August 20, 2012 meeting, a resolution was passed that set October 8, 2012 as the date for the Council to hold the public hearing necessary for the creation of TIF District #21. TIF District #21 is being created to pay for the redevelopment work done by the HRA (acquisition, demolition) to prepare the area for redevelopment. The creation of this district will allow the Authority to recover most of its investment in Gateway Northeast. Staff has worked with legal counsel to ensure all of the proper steps towards the creation of TIF District #21 have been taken. A notice of intent to create the district was provided to Commissioner Kordiak; a draft TIF Plan was provided to Anoka County and to the School District; and Monday night's hearing has been advertised in the Fridley Focus. On October 4th, the HRA, adopted a resolution that modified the redevelopment plan for Redevelopment Project #1 and the TIF Plans for Districts #6-7, 9, 11-13 and 16-20 to reflect increased project costs and increased bonding authority within Redevelopment Project #1. The resolution also gives their authorization for the creation of TIF District #21, and adopts the TIF Plan for District #21. Staff recommends that the Council hold the public hearing for the creation of TIF District #21. J:�Planning\Council Items By Meeting\2012 Council Items\October 8, 2012\TIFHEARINGDist#21Memadocx � � CffY OF FRIDLEY TO: FROM: SUEJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 8, 2012 WILLIAM W. BURNS, CITY MANAGER DARIN NELSON, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2012 STREET IMPROVEMENT PROJECT NO. ST. 2012-01 October 3, 2012 Attached you will find the final assessment roll for the 2012 Street Improvement Project No. St. 2012-01 along with the Resolution to adopt the assessment. This project included 227 properties. The assessment will be for 10 years at a rate of 5.25%. DRN/gt Attachment RESOLUTION NO. 2012- RESOLUTION ADOPTING ASSESSMENT ROLL FOR THE 2012 STREET IMPROVEMENT PROJECT NO. 2012-01 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 2012 Street Improvement Project No. 2012-01. NOW THEREFORE, BE IT RESOLVED BY THE CITY COLTNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 2013, and shall bear interest at the rate of 5.25 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2013. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY THIS 8`" DAY OF OCTOBER, 2012. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK T o � N d � � � a � m � n, � m � D m N 3 N y N a N = � � N - 7 O '. � .Z1 � O � = p `m' n T o � N d � � � a � m � n, � m � D m N 3 N y N a N = � � N - 7 O '. � .Z1 � O � = p `m' n T o � N d � � � a � m � n, � m � D m N 3 N y N a N = � � N - 7 O '. � .Z1 � O � = p `m' n T o � N d � � � a � m � n, � m � D m N 3 N y N a N = � � N - 7 O '. � .Z1 � O � = p `m' n � � CffY OF FRIDLEI' Date To From ACTION ITEM CITY COUNCIL MEETING OCTOBER 8, 2012 October 5, 2012 William Burns, Executive Director Paul Bolin, Asst. Executive HRA Director Subiect: Resolution Creatinq TIF DISTRICT #21 - Gateway Northeast In order to create the District, the City Council must first adopt a resolution modifying the redevelopment plan for the City and the tax increment financing plans for the existing TIF districts. The attached resolution reflects the projected increased project costs and the increased bonding authority within the City's redevelopment area, creates TIF District #21 and adopts the TIF plan relating thereto. Staff has not received comments on the creation of the district from either Anoka County or the Fridley School District. The Authority approved the creation of this TIF District #21 at their regular meeting on October 4, 2012. Recommendation: Staff recommends that the City Council adopt the attached resolution, modifying the City's TIF plans, and creating TIF District #21. RESOLUTION NO. A RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. NOS. 6-7, 9, 11-13 AND 16-20 TO REFLECT INCREASED PROJECT COSTS AND INCREASED BONDING AUTHORITY WITHIN REDEVELOPMENT PROJECT NO. 1, CREATING TAX INCREMENT FINANCING DISTRICT NO. 21 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. It has been proposed by the Housing and Redevelopment Authority (the "Authority") that the Council approve and adopt the proposed modifications to its Redevelopment Plan for Redevelopment Project No. 1(the "Project Area") reflecting increased project costs and increased bonding authority, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended and supplemented from time to time. 1.02. It has been further proposed by the Authority that the Council approve and adopt the proposed modifications to the Tax Increment Financing Plans (the "Existing Plans") for Tax Increment Financing Districts Nos. 6-7, 9, 11-13 and 16-20 (the "Existing Districts") reflecting increased project costs and increased bonding authority within the Project Area, pursuant to Minnesota Statutes, Section 469.174 through 469.1799, inclusive, as amended and supplemented from time to time. 1.03. It has been further proposed by the Authority that the Council approve the creation of proposed Tax Increment Financing District No. 21 ((the "Proposed District") and adopt the proposed Tax Increment Financing Plan (the "Proposed Plan") relating thereto, pursuant to and in accordance with Minnesota Statutes. Section 469.174 to 469.1799, inclusive, as amended and supplemented from time to time. 1.04. The Authority has caused to be prepared, and this Council has investigated the facts with respect thereto, a modified Redevelopment Plan for the Project Area and modified Existing Plans for the Existing Districts reflecting increased project costs and increased bonding authority within the Project Area and the Proposed Plan for the Proposed District, defining more precisely the property to be included, the public costs to be incurred, and other matters relating thereto. 1.05. The Council has performed all actions required by law to be performed prior to the approval and adoption of the modifications to the Redevelopment Plan and Existing Plans and the approval and adoption of the Proposed Plan. Page 2 - Resolution No. 1.06. The Council hereby determines that it is necessary and in the best interests of the City and the Authority at this time to approve and adopt the modifications to the Redevelopment Plan and Existing Plans reflecting increased project costs and increased bonding authority within the Project Area, to create the Proposed District and to approve and adopt the Proposed Plan relating thereto. Section 2. General Findings. 2.01. The Council hereby finds, determines and declares that the assistance to be provided through the adoption and implementation of the modified Redevelopment Plan , modified Existing Plans and the Proposed Plan (collectively, the "Plans") are necessary to assure the development and redevelopment of the Project Area. 2.02. The Council hereby finds, determines and declares that the Plans conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City's comprehensive plan. 2.03. The Council hereby finds, determines and declares that the Plans afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of the Project Area by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers. 2.04. The Council hereby finds, determines and declares that the modification, approval and adoption of the Plans is intended and, in the judgment of this Council, its effect will be to promote the purposes and objectives specified in this Section 2 and otherwise promote certain public purposes and accomplish certain objectives as specified in the Plans. 2.05. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Plans and Exhibit A to this Resolution. Section 3. Specific Findings for the Redevelopment District. 3.01. The Council hereby finds, determines and declares that the Redevelopment District constitutes a"tax increment financing district" as defined in Minnesota Statutes, Section 469.174, Subd. 9, and further constitutes a"redevelopment district" as defined in Minnesota Statutes, Section 469.174, Subd. 10. 3.02. The Council hereby finds, determines and declares that the proposed development or redevelopment in the Redevelopment District, in the opinion of this Council, would not reasonably be expected to occur solely through private investment within the reasonably 2 Page 3 - Resolution No. foreseeable future and, therefore, the use of tax increment financing is deemed necessary. 3.03. The Council hereby finds, determines and declares that the increased market value of a project not receiving tax increment assistance would be less than the increased market value of a project receiving tax increment assistance after deducting the present value of projected tax increments for the maximum duration of the Redevelopment District. 3.04. The Council hereby finds, determines and declares that the expenditure of tax increment within the Redevelopment District serves primarily a public purpose. 3.05. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Plans and Exhibit B to this Resolution. Section 4. Approvals and Adoptions. 4.01. The modifications to the Redevelopment Plan reflecting increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Council of the City. 4.02. The modifications to the Existing Plans reflecting increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Council of the City. 4.03. The creation of the Proposed District within the Project Area and the adoption of the Proposed Plan relating thereto are hereby approved by the Council of the City. Section 5. Filing of Plans. 5.01. Upon its approval and adoption of the modified Redevelopment Plan for the Project Area, the City shall cause said Redevelopment Plan to be filed with the Minnesota Department of Revenue, the Office of the State Auditor, and Anoka County. 5.02. Upon its approval and adoption of the Redevelopment Plan for the Redevelopment District, the City shall cause said Redevelopment District Plan to be filed with the Minnesota Department of Revenue, the Office of the State Auditor, and Anoka County. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY THIS DAY OF , 2012. SCOTT LUND - MAYOR ATTEST: 3 Page 4 - Resolution No. DEBRA SKOGEN - CITY CLERK CERTIFICATION I, Debra Skogen, the duly qualified Clerk of the City of Fridley, County of Anoka, Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. passed by the City Council on the day of , 2012. DEBRA SKOGEN - CITY CLERK 0 Page 5 - Resolution No. i�:�:ii:3�r_Q�a►iav_��i►i•�i►�� The reasons and facts supporting the findings for the modification of the Plans for the Project Area, Existing Districts and Proposed Districts pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, are as follows: 1. Finding that the assistance to be provided through the adoption and implementation of the Plans is necessary to assure the development and redevelopment of the Project Area. The tax increment assistance resulting from the implementation of the Plans is necessary for the proposed project to proceed. Please refer to Exhibit XXI I I-D of the Redevelopment Plan. 2. Finding that the Plans conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City's Comprehensive Plan. The Council has reviewed the Plans and has determined that they are consistent with the City's comprehensive plan. 3. Finding that the Plans afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development and redevelopment of the Project Area by private enterprise, and it is contemplated that the development or redevelopment thereof will be carried out pursuant to development contracts with private developers. Please refer to the attached Exhibit B for specific information relating to the Proposed District. 4. Finding that the approval and adoption of the Plans is intended and, in the judgment of this Council, its effect will be to promote the public purposes and accomplish the objectives specified in the Plans. The tax increment that will be generated due to the approval and adoption of the Plans will assist in financing the public improvements and eligible expenses as detailed in the Plans. 5 Page 6 - Resolution No. �:/:11:3�r:�y,xyl�[�1�1►1�71►[�y7i]:i�:1�:7��7�1/��i7,�l�►�r�7��:�[�� In addition to the findings included in Exhibit A, the reasons and facts supporting the additional findings for the Redevelopment Plan for the Redevelopment District pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, are as follows: 1. Finding that the Redevelopment District is a"redevelopment district" as defined in Minnesota Statutes. The Redevelopment District consists of 18 parcels totaling approximately 6.4 acres. Of this acreage, it has been determined that parcels comprising 100% of the Redevelopment District are occupied by buildings, streets, utilities, paved or gravel parking lots or similar structures. This 100% area coverage exceeds the 70°/o coverage test required by Minnesota Statutes, Section 469.174, Subdivision 10(1). Additionally, 10 of the 11 buildings located on twelve parcels have been determined to be "structurally substandard" because they contain defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. These ten buildings satisfies the requirements of Minnesota Statutes, Section 469.174, Subdivision 10(1) which requires that over 50% of buildings, not including outbuildings, must be found "structurally substandard." It has further been determined that these conditions are reasonably distributed through the Redevelopment District. Information supporting these findings are on file at City Hall. 2. Finding that the proposed development or redevelopment, in the opinion of the Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. Development activities proposed to occur in the Redevelopment District includes land acquisition, demolition of buildings, remediation of the Site and construction of approximately 9000 square feet of office/commercial, 100 units of multi-family market rate rental units and 24 single family housing units. Upon completion of the development, it is anticipated that the City's tax base will increase by approximately $8.0 M to $10.0 M. City and HRA staff have reviewed the estimated development costs and the available methods of financing and has determined that tax increment assistance is necessary to make the redevelopment project economically feasible and to allow Redevelopment to proceed at this time. 3. Finding that the increased market value of a project not receiving tax increment financing assistance would be less than the increased market value of a project receiving tax increment financing assistance after deducting the present 6 Page 7 - Resolution No. value of the projected tax increments for the maximum duration of the Redevelopment District. The original market value of the Redevelopment District is approximately $2,000,000. City staff has determined that without tax increment assistance these parcels would not be developed within the foreseeable future and that only minimal remodeling or improvements would probably occur. Therefore, if there was an increase in market value it would be minimal. City staff has further determined that with tax increment assistance it is possible to construct approximately 9000 square feet of office/commercial, 100 units of multi-family market rate rental units and 24 single family housing units with an estimated market value of approximately $12,000,000 After deducting the original market value of $2,000,000 from the estimated market value of $12,000,000, City staff has further determined that the increased market value that could reasonably be expected to occur from a project receiving tax increment assistance would be approximately $10,000,000. City staff has further determined that the total amount of tax increment generated over the 26 year term of the Redevelopment District approximates $8,400,000. Assuming the same term and a present value rate of 4.0%, the present value of $8,400,000 approximates $4,000,000. After deducting the present value of the tax increment ($4,000,000) from the increase in estimated market value occurring as a result of utilizing tax increment assistance ($10,000,000), the net increase in estimated market values approximates $6,000,000. City staff has further determined that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing ($0) is less than the increased market value of the site occurring with the use of tax increment financing after subtracting the present value of the projected tax increments for the maximum duration of the Redevelopment District ($6,000,000). Further information supporting this Finding is attached as Schedule 1. 4. Finding that expenditure of tax increment serves a primarily public purpose. The expenditure of tax increment is not intended as a private benefit and any such benefit is incidental. Public benefits resulting from the proposed project include (i) an increase in the State and City tax bases, (ii) the acquisition and redevelopment of property which is not now in its highest or best use, (iii) demolition and removal of an existing substandard and blighted structures, and (iv) remediation of contaminated property. 7 Page 8 - Resolution No. SCHEDULE 1 TO EXHIBIT B— NUMERICAL "BUT FOR" ESTIMATED MARKET VALUE INCREASE FOR A DEVELOPMENT PROJECT WITHOUT TIF ASSISTANCE Without tax increment assistance the parcels would not be developed within the foreseeable future and only minimal remodeling may occur Estimated Market Value ................................................................ $ -0- Original Market Value .................................................................... $ 2,000,000 Increased Market Value ................................................................ $ -0- ESTIMATED MARKET VALUE INCREASE FOR A DEVELOPMENT PROJECT WITH TIF ASSISTANCE With tax increment assistance it is proposed that approximately 9,000 square feet office/commercial, 100 units of multi-family market rate rental units and 24 single family housing units will be constructed in at least four phases over 4 years. Estimated Market Value ............................................................... Original Market Value ................................................................... Increased Market Value ............................................................... Less: Present Value of the Tax Increment generated at 4.0% for the duration of the Proposed Redevelopment District .......................... $ 12,000,000 $ 2,000,000 $ 10,000,000 $ 4,000,000 Net Increased Market Value .......................................................... $ 6,000,000 MMB: 4848-6306-2801, v. 1 : SECTION XXIII TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 21 (Gateway Northeast TIF District) Subsection 23.1. Statement of Obiectives. See Section I, Subsection 1.5, Statement of Objectives. Subsection 23.2. Modified Redevelopment Plan. See Section I, Subsections 1.2 through 1.15. Subsection 23.3. Parcels to be Included. The boundaries of Tax Increment Financing District No. 21 (the "TIF District") are described on the attached Exhibit XXIII- A and illustrated on Exhibit XXIII-B. Subsection 23.4. Parcels in Acquisition. The Authority may write down or acquire and reconvey real property, or interests therein, within this TIF District or elsewhere within the Project Area, at the time or times as the Authority may determine to be necessary or desirable to assist or implement development or redevelopment within the Project Area or the TIF District. The Authority may acquire any of the parcels described on Exhibit I-A and illustrated on Exhibit I-B by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of the Redevelopment Plan or the TIF Plan. Subsection 23.5. Development Activitv for which Contracts have been Siqned. As of the date of adoption of the TIF Plan, the Authority intends to enter into Redevelopment Contracts with three or more developers for the activities discussed below. Subsection 23.6. Specific Development Expected to Occur. At this time it is anticipated that the current parcels will be redeveloped including demolition and removal of blighted and substandard structures, remediation and the construction of the following in the Phases described below: Phase I: 4500 square feet of office/commercial with construction commencing in 2013; Phase II: 4500 square feet of office/commercial, 50 units of rental housing and 8 units of single family housing with construction commencing in 2014; Phase III: 50 units of rental housing and 8 units of single family housing with construction commencing in 2015; and Phase IV: 8 units of single family housing with construction commencing in 2016. Upon completion of the redevelopment, it is anticipated that 9000 square feet of office/commercial, 100 multi- family housing units and 24 single family housing units will be constructed with an estimated market value of approximately $12.0 M. 23-1 Subsection 23.7. Prior Planned Improvements. After due and diligent search, the Authority has determined that no building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the Authority. Subsection 23.8. Fiscal Disparities. The Council hereby elects the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3, clause (a) if and when commercial/industrial development occurs within the TIF District. Subsection 23.9. Estimated Public Improvement Costs. The estimated public improvement costs, including interest thereon to be incurred for the benefit of and within the TIF District and the Project Area are set forth on Exhibit I-C. Subsection 23.10. Estimated Amount of Bonded Indebtedness. It is anticipated that approximately $4.5 M of bonded indebtedness may be incurred with respect to this portion of the Project Area. Subsection 23.11. Sources of Revenue. Anticipated revenue sources to assist in the financing of the public improvement costs, pursuant to Subsection 21.9. above, include (1) general obligation and/or revenue tax increment obligations with interest; (2) the direct use of tax increments; (3) the borrowing of available funds, including without limitation interest-bearing City short-term or long-term loans; (4) interfund loans or advances; (5) interfund transfers, both in and out; (6) land sale or lease proceeds; (7) levies; (8) grants from any public or private source; (9) developer payments; (10) loan repayments or other advances originally made with tax increments as permitted by Minnesota Statutes; and (11) any other revenue source derived from the City's or Authority's activities within the Project Area as required to finance the costs as set forth in Exhibit I-C. All revenues are available for tax increment eligible expenses within the Project Area as allowed by Minnesota Statutes. Subsection 23.12. Estimated Oriainal and Captured Tax Capacities. The tax capacity of all taxable property in the TIF District, as most recently certified by the Commissioner of Revenue of the State of Minnesota on January 2, 2012, is estimated to be $22,965. The captured tax capacity of the TIF District upon completion of the proposed improvements on January 2, 2017 is estimated to be $126,885. The Authority intends to utilize 100% of the captured tax capacity for the duration of the TIF District for purposes of determining tax increment revenues. Subsection 23.13. Tax Increment. Annual tax increment generated from the TIF District has been calculated at approximately $168,110 upon the initial completion of the improvements. This estimate is provided on the attached Exhibit XXII-C. Revenue has also been projected for the duration of the TIF District and is shown on Exhibit I-C-16. Subsection 23.14. Local Tax Rate. The estimated pay 2012 local tax rate is 1.3249. 23-2 Subsection 23.15. Tvpe of TIF District. The TIF District is a redevelopment district pursuant to Minnesota Statutes, Section 469.174, Subdivision 10. Subsection 23.16. Duration of TIF District and Deferral of Tax Increment. The duration of the TIF District is expected to be twenty five (25) years from receipt of the first tax increment. The date of receipt of the first tax increment is deferred until 2017. Thus, it is estimated that the TIF District, including any modifications for subsequent phases or other changes, would terminate in the year 2042. Subsection 23.17. Estimated Impact on Other Taxing Jurisdictions. The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of the TIF District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the financing would not have occurred without the assistance of the Authority, the attached Exhibit XXII-E reflects (I) the estimated impact of the TIF District if the "but for" test was not met; (ii) the estimated amount of tax increment generated annually and over the duration of the TIF District; and, (iii) the estimated amount of tax increment attributable to the County, School District and other taxing districts. At this time the Authority anticipates there will be no impact on City services due to the creation of the TIF District. Additionally, since the City has no current plan to issue general obligation debt for project costs, it further anticipates that there will be no impact on its borrowing costs due to the creation of the TIF District. Please refer to Exhibit XXII-D for the narrative "but for" analysis. Subsection 23.18. Modification of the TIF District and/or the TIF Plan. As of October 8, 2012, no modifications to the TIF District or the TIF Plan have been made, said date being the date of initial approval and adoption thereof by the City Council. 23-3 EXHIBIT XXIII—A PARCELS TO BE INCLUDED IN THE TAX INCREMENT FINANCING DISTRICT NO. 21 14-30-24-34-0007 23-30-24-21-0135 23-30-24-21-0110 23-30-24-21-0143 23-30-24-21-0123 23-30-24-24-0130 14-30-24-34-0008 23-30-24-21-0112 23-30-24-21-0109 23-30-24-21-0141 23-30-24-21-0122 23-30-24-24-0023 14-30-24-34-0010 23-30-24-21-0111 23-30-24-21-0134 23-30-24-21-0140 23-30-24-24-0016 23-30-24-24-0022 and all easements, rights-of-way and adjacent roads and streets .�i7IIS_Qil EXHIBIT XXIII- B Map of Tax Increment Financing District No. 21 .�i7II�:�il EXHIBIT XXIII-C Fxhihit XXIII-C: ��a�� m��t�� qriiF �a�rN� ;�^ssuum�i�ria��n�� :o�� a� ��u �at� ��+a �� ia �li�a�iiml' Il�airtiNc�t ?u'aNuae� �I�a�css�ad �s� �d��i��s�a �'��,. 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After World War II the site was originally developed for commercial uses, restaurants and gas stations. However, with changing demographics, limited access as a result of upgrading University Avenue, changing formats for gas stations and a decline in retail use, the area fell into despair and a number of the buildings became blighted and had minimal use and substantial vacancies. The City and the Authority have wished to redevelop this site for a number of years and the Authority has been voluntarily purchasing parcels over the last five years to facilitate the goals of redevelopment. Prior to any demolition, Resolutions were adopted determining that certain parcels are occupied by structurally substandard buildings and were to be included in a tax increment financing district. The Resolutions and blight findings are on file with the City. The Site is also in an area in which transit orientated development is being promoted. On 57t" and University Avenue there is an express bus route to downtown Minneapolis. In addition a station for the Northstar Commuter Rail line is nearby and the City is working to make the entire area more pedestrian friendly. To acquire and prepare the site for reuse, the HRA will have spent over $4.5 M. The Site has a value, depending on its reuse, between $1.0 M and $2.0 M. It is this difference of $2.5 M to $3.5 M that will be paid from the tax increment financing district. But for the availability of tax increment to pay for acquisition, demolition, relocation, environmental remediation, infrastructure and site preparation this project would not proceed. XXIII-D-1 EXHIBIT XXIII - E E�TII�VIATEI� II�IP"i�l�T �F T�X I�ICF��t�IE,1�T FIIf�J��Vl�lll�du� C11�TI�I�T hI{�, 2"I EII�TIIT�' �: ��y a�F '� e ii�' ��r, �c��A�� a��l�� V�� #�� EI�JTIITY ��Qy �F �ei��e�! �1��aa7�Q�r �a� �p��l�� II�� ¥�'C� CC:��N��n I l t^ �e 1 ' � �� f � � � 7 ► i %' � : � - �� E -' � � �I�N�II�AL T',�X TA.�t P,P��E �APa�CI�"� �N,�1��=r,�a�°n ��,��"i� ��7„�;3,�,�C�i;� ��,�w��e 12,�r��,�":l�i ��o�t��; T'�7�. R�R�,1PE �6.;��44:u"I � C6.� °n `f ��,� d'V.�;i�r��i� �1.{;I �' �t:, 7 'I .;�24�3� �5��,1,+�F'ECti �AF"1f�!REC� IDI'�T'F��1f TA.X T,l�:� ,4:5 �I� �AP',��I'1�� CAIPA�IT"� �►F T�C9T'AL 'N�pm_io��4� I2��,�+�� L.��'� •I�'�4a�� 12��,�� .i��°''� °f��b,�;�C� 12�� i;�� 1.�1°1'�i'�� It�l'�AICF �N Txl}C FCATIE � °I� � F T�T'�L 2;�1.'!:9 �1 �"�� "� .�Mk.'o�'� �;3. 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The addition will be used for furniture showroom space. The proposed project includes demolition of the most northern piece of the existing building and construction of a new 15,002 sq. ft. addition along the north side of the building. The proposed 15,002 sq. ft. addition will be constructed in two phases. The first phase is 8,618 sq. ft. in size and is on the northwest side of the building. The second phase is 6,384 sq. ft. in size and is on the northeast side of the building. City Code allows an increase in lot coverage for a one story building from 40% to 50% as a permitted special use in the M-2, Heavy Industrial zoning district, provided all other code requirement are met, subject to stipulations. PLANNING COMMISSION RECOMMENDATION At the September 19, 2012, Planning Commission meeting, a public hearing was held for SP #12-05. After a brief discussion, the Planning Commission recommended approval of Special Use Permit, SP #12-05, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. r.,� �c��ir �i;�r� PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Any future expansion of the building will require special use permit review. 2. Any future expansion of the building will require a new parking analysis. 3. The existing illegal non-conforming addition on the east side of the building will either be removed with Phase II or the petitioner will seek a variance to recognize the existing non- conforming setback. If variance is approved, the structure shall be built to meet building code requirements with a 3-hour firewall. 4. An as-built survey shall be submitted to City upon completion of Phase ll. 5. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. City of Fridley Land Use Application SP #12-05 GENERAL INFORMATION Applicant: Archnet, Inc. Mike Diem 333 North Main Street, Suite 201 Stillwater MN 55082 Requested Action: Special Use Permit to increase the allowable lot coverage. Existing Zoning: M-2 (Heavv Industria Location: 5401 East River Road (former Home Valu Building) Size: 206,910 sq. ft. 4.75 acres Existing Land Use: Vacant Home Valu Building Surrounding Land Use & Zoning: N: Interstate 694 & ROW E: Industrial (Minnikahda Mini-Storage) & M-2 S: Industrial (Wallboard) & M-2 W: Industrial (Ashley Furniture) & M-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.18.3.C.(1).((a)) requires a special use permit for a one-story building to increase lot coverage from 40% to 50% of the lot area. Sec. 205.18.3.C.(4) requires that the petitioner meet all other ordinance requirements. Zoning History: 1969 — Lot is platted. 1969 — Building constructed. 1976 — Metal building addition constructed. 2003 — Entrance alteration. Several interior alterations were made over the years. Legal Description of Property: Lot 1, Block 1, Great Northern Industrial Center Public Utilities: Buildin� is connected. Transportation: The property is accessed from the East River Road Service Drive September 19, 2012 SPECIAL INFORMATION Physical Characteristics: Building, hard surface parking areas with a little landscaping. SUMMARY OF PROJECT The petitioner, Mike Diem, on behalf of Furniture Mart, is seeking a special use permit to increase the allowable lot coverage requirement from 40% to 44% to allow the construction of a building addition on the property which is located at 5401 East River Road. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit request to increase the lot coverage requirement from 40°a to 44°0. An increase in lot coverage for a one story building from 40% to 50% is a permitted special use in the M-2, Heavy Industrial zoning district, provided all other code requirement are met, subject to stipulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council — October 8, 2012 60 Day — October 15, 2012 Aerial of the site Staff Report Prepared by: Stacy Stromberg Land Use Application Special Use Permit #12-05 REQUEST The petitioner, Mike Diem of Archnet, Inc., who is representing the owner of the property, Furniture Mart, is seeking a special use permit to increase the lot coverage requirement from 40% to 44%, to allow for the construction of an addition to the north side of the existing building, which is located at 5401 East River Road. The addition will be used for additional furniture showroom space. H ISTO RY The property is zoned M-2, Heavy Industrial, as are the properties to the south, west and east. ,� ��,��„�� The property is bordered by Interstate 694 on the north. The property was originally a�,��: '�° � �iu�d�i a° � developed in 1969 as a retail and warehouse building that housed Plywood America. In the early 1990's, the business changed to Home Valu, which continued operating their business at this location until they closed their doors in 2010. In 1976 a metal building addition was constructed and in 2003, the entry to the building was remodeled. Several interior modifications were made to the building over the 40 years it was in operation. .�,� �'"��'l'�" 1��.�� ANALYSIS The petitioner is seeking a special use permit to increase the lot coverage requirement from 40% to 44%. The proposed project includes demolition of the most northern piece of the existing building and then construction of a new 15,002 sq. ft. addition along the north side of the building. The proposed 15,002 sq. ft. addition will be constructed in two phases. The first phase is 8,618 sq. ft. in size and is on the northwest side of the building. The second phase is 6,384 sq. ft. in size and is on the northeast side of the building. The reason for the phasing is so work can start on Phase I while going through the special use permit process, because the addition of Phase II brings the project over the 40% lot coverage requirement. Phasing the project won't hold the construction up. City Code requires that a special use permit may be granted as long as the property is meeting all other code requirements. Based on the breakdown of the proposed uses within the building, parking needs for this site after the addition is constructed are 187 parking stalls. The petitioner is showing 187 stalls on the site plan, with 148 stalls to be constructed and 39 stalls as proof of parking. The petitioner has articulated that is unlikely there would be a need to have 187 stalls on site, so staff is allowing them to proof those stalls in order to add additional green space. If the additional stalls are warranted at any time, there is room on site to construct them. The proposed addition complies with all setback requirements. It should be noted that there is a cold storage addition on the east side of the building that is considered an illegal non-conforming structure. A building permit was never issued for that building addition. The petitioner plans to remove the existing walls of the structure with Phase I, and will either completely remove the structure with Phase II or will go through the variance process to recognize the existing non-conforming setback. City staff hasn't heard any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this special use permit request to increase the lot coverage requirement from 40°a to 44°0. An increase in lot coverage for a one story building from 40% to 50% is a permitted special use in the M-2, Heavy Industrial zoning district, provided all other code requirement are met, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Any future expansion of the building will require special use permit review. 2. Any future expansion of the building will require a new parking analysis. 3. The existing illegal non-conforming addition on the east side of the building will either be removed with Phase II or the petitioner will seek a variance to recognize the existing non- conforming setback. If variance is approved, the structure shall be built to meet building code requirements with a 3-hour firewall. 4. An as-built survey shall be submitted to City upon completion of Phase II. 5. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. RESOLUTION NO. 2012 - A RESOLUTiON APPROViNG SPECIAL USE PERMiT SP# 12-05 FOR ARCHNET, INC., ON BEHALF OF FURNITURE OUTLETS USA, GENERALLY LOCATED AT 5401 EAST RIVER ROAD NE WHEREAS, Section 205.18.3.C.(1).((a)) of Fridley Ciry Code allows an increase in lot coverage for one-stoty building fiom 40% to 50% of lot area in an M-2, Heavy Indust�ial zoning dist�-ict by a special use permit if certain conditions can be met; and WHEREAS, on September 19, 2012, the Fridley Planning Commission held a public hearing to consider a request by Archnet, Inc., on behalf of the property owner, Furniture Outlets USA, generally located at 5401 East River Road NE in Fridley, legally described as Lot 1, Block 1, Great Northern Industrial Center, for a Special Use Permit SP# 12-OS to allow an increase in lot coverage from 40% to 44%; and WHEREAS, on October 8, 2012, the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions on Special Use Permit SP# 12-05; and WHEREAS, the petitioner, was presented with E�ibit A, the stipulations, at the October 8, 2012 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Special Use Permit SP# 12-OS and stipulations represented in E�ibit A are hereby adopted by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS gTx DAY OF OCTOBER, 2012. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK EXHIBIT A SP# 12-OS Special Use Permit for an Increase in Lot Coverage Furniture Outlets USA, Generally located at 5401 East River Road NE, Fridley, MN Stipulations 1. Any future expansion of the building will require special use permit review. 2. Any future expansion of the building will require a new parking analysis. 3. The existing illegal non-conforming addition on the east side of the building will either be removed with Phase iT ot- the petitionet- will seek a variance to t-ecognize the existing non-conforming setback. If variance is approved, the structure shall be built to meet building code requit-ements with a 3-hout- fit-ewall. 4. An as-built survey shall be submitted to City upon completion of Phase II. 5. Per Section 205 of the Ft-idley City Code, this Special Use Pet-mit will become null and void one year after the Ciry Council approval date if work has not commenced or if the Petitionet- has not petitioned the City Council fot- an extension. � � CffY OF FRIDLEY TO FROM DATE AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 8, 2012 William W. Burns, City Manager James P. Kosluchar, Public Works Director October 4, 2012 PW 12-061 SUBJECT: Resolution Approving a Grant Agreement with Minnesota Department of Health for Well Sealing Program In 2008, the City of Fridley submitted its final Wellhead Protection Plan Part 2 to the Minnesota Department of Health (MDH) for approval. This plan was approved on May 1, 2009. The plan is intended to protect groundwater resources that the City relies on to supply drinking water to its customers. One of the main objectives in the plan is to seal abandoned wells in the City's Drinking Water Supply Management Area (DWSMA). Unused, old, abandoned, and improperly maintained wells pose a significant threat to City wells. Such wells can act as a conduit for introduction of contaminants directly into an aquifer. In order to provide incentives to private property owners to seal their abandoned wells, MDH has established a Competitive Grant Program for Source Water Protection, which provides matching funding for well sealing. The Cities of Fridley and Spring Lake Parkjointly applied for this funding due to their mutually overlapping DWSMAs, and were successful in securing $20,000 from the MDH program. Under the terms of the grant, private property owners will, on a first come/first served basis, be reimbursed 50% of costs up to $750 for pre-approved work to seal unused wells on their property. Owners must use licensed well sealing contractors, and only contracted costs will be eligible for reimbursement. Reimbursement will be allowed only after receipt of proof that the well was properly sealed and proper paperwork filed. The City of Fridley will be the administering agency, and will manage reporting and fiscal distribution of the grant money between the two cities. Work under this grant agreement must be completed by April 2014. In order to initiate the work related to the program the attached grant agreement needs to be approved. If approved by the City Council, this grant agreement will be executed by the Mayor and City Manager upon receipt of written power of attorney from the City of Spring Lake Park, and approved by the City Attorney. This would allow for construction to begin, and perhaps completed, this fall. Presuming the necessary documents are provided by the City of Spring Lake Park, we anticipate that we will begin taking applications in December 2012. Staff requests that the City Council move to approve the attached resolution that authorizes Execution Of A Source Water Protection Grant Agreement With The Minnesota Department Of Health For Unused Well Sealing In The Cities Of Fridley And Spring Lake Park. JPK:jpk RESOLUTION NO. 2012 - AUTHORIZING EXECUTION OF A SOURCE WATER PROTECTION GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF HEALTH FOR UNUSED WELL SEALING IN THE CITIES OF FRIDLEY AND SPRING LAKE PARK WHEREAS, the City of Fridley submitted its Wellhead Protection Plan Part 2 in December 2008, and WHEREAS, the Minnesota Depat-tment of Health foi�nally approved said Wellhead Protection Plan Part 2 on May 1, 2009, and WHEREAS, one of the objectives of said Wellhead Protection Plan Part 2 is to cooperate with the Minnesota Department of Health (MDH) Well Management Program to seal all abandoned wells within the City of Fridley's Drinking Water Supply Management Area (DWSMA), and WHEREAS, MDH has developed a Surface Water Protection Competitive Grant Program which may assist in funding activities including proper sealing of abandoned privately-owned wells, and WHEREAS, the Cities of Fridley and Spring Lake Pat-k, whose DWSMAs mutually overlap one another's corporate boundat-ies, have determined that a coopet-ative program to seal abandoned privately-owned wells would be mutually beneficial to both cities, and WHEREAS, the City of Fridley agt-eed to act as the lead agency and administer grant activities and funding, and WHEREAS, the Cities of Fridley and Spring Lake Park were awat-ded a Sout-ce Watet- Protection Competitive Grant in the amount of $20,000 on October 3, 2012, and WHEREAS, the City of Fridley will be requit-ed to execute the attached Gt-ant Agreement on behalf of the Cities of Fridley and Spring Lake Park, NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager are authorized to execute Gt-ant Agreement number 54002 between the City of Fridley and the Minnesota Depat-tment of Health upon receipt of written power of attotney from the City of Spring Lake Pat-k, and BE IT FURTHER RESOLVED that upon execution of Grant Agreement number 54002 between the City of Ft-idley and the Minnesota Department of Health, City of Fridley staff is authorized to implement this program in coopet-ation with the City of Spring Lake Park. PASSSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY THIS 8t'' DAY of OCTOBER, 2012. ATTESTED DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR Standard Grant Template Versieq 1.2 Grant Agreement Number � Between the Minnesota Department of Heaith and City of Fridley Minnesota Department of Health Grant Agreement This grant agreement is between the State of Minnesota, acting through its Commissioner of the Department of Health ("State") and main applicant City of Fridley ("Grantee"). Grantee's address is 6431 University Ave NE, Fridley, MN 55432. City of Spring Lake Park is co-beneficiary in this project and has conferred powers of attorney for the purpose of the signature of this grant agreement to the authorized representative of City of Fridley. Recitals 1. Under Minnesota Statutes � 114D.50 Clean Water Fund, the State is ernpowered to enter inta this Grant Agreement. 2. The State is in need of assisting public water suppliers to protect the source of drinking water. 3. The Grantee represents that it is duly qualified and wi11 perform all the duties described in this agreement to the satisfaction of the State. Pursuant to Minnesata Statutes §16B.98, subd. 1, the CTrantee agrees to minimize administrative costs as a condition of this gra.nt. � Grant Agreement 1. Term of Agreement 1.1 Effective date October 19, 2012, or the date the State obtains all required signatures under Minnesota Statutes § 16C.05, subd. 2, whichever is later. The Grantee must not begin work until this contract is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. 1.2 Expiration date Apri130, 2014, ar until all obligations have been fulfilled io the satisfaction of the State, whichever occurs first, 1.3 Survival of Terms The following clauses survive the expiration or cancellation of this grant contract: $, Liability; 9. State Audits; 10.1 Government Data Practices; 10.2 Data Disclosure; 14.1 Puiblicity; 14.2 Endarsement; and 15. Gaverning Law, Jurisdiction, and Venue. 2. Grantee's Duties The Grantee, who is not a State employee, shall; - Complete to the satisfaction of the State a11 of the follawing duties: - Implement a cost-share grant program to seal unused we11s within the cities' DWSMA - On ar before the end date af this Agreement, the Grantee shall provide the State with ane electronic copy of all final products praduced under this Grant Agreement, including reports, publications, software and videos. Any Grantee activity that involves data collectian must be submitted to the State upon completion of the proj ect and in the format agreed by the State. - The Grantee shall pay in fu11 any contractor hired for the purpose of completing any wark under this Grant Agreement within 10 days of receiving payment from the State. - The Grantee shall submit an itemized invaice for the total cost of the project. City of Fridley shall provide all the data needed to dxaw up the reports, financial statements and other documents, - The Grantee shall submit a Final Report upon submittal of the Final Invoice. The Final Report shall be due no later than the expiratian day afthis Grant Agreement. The Final Report shall describe activities undertaken and accomplishments of each task, and any problems encauntered in the perfarmance of the work under this Agreement, including the costs associated with completion of the tasks for bath City of Fridley and City of Spring Lake. If required by the nature afthe praject, data callected during the praject sha11 be reported in a format acceptable to the State. In the event the Grantee is unable to begin grant activities or to satisfactorily perform the duties specified in this grant agreement, including but not limited to paying the contractor in full for all work performed by the contractor, the Grantee sha11 remit to the State within five days of demand a11 amounts paid to the Grantee pursuant to this Grant Agreement minus any actual expenses incurred and specifically autharized, in advance, by the State and which are documented by adequate invaices acceptable to the State. - City of Fridley and City of Spring Lake shall provide an equal cost share (of eligible funds in cash) for each wark item. In-kind contributians are not accepted. City of Fridley and City of Spring Lake Park agree upon appropriate arrangements between themselves for the proper perfaz�mance af the project 3. Time The Grantee must comply with all duties within the time requirements described in this CTrant Agreement. The State is not obligated to extend this Agreement. Tn the perforrnance of this Grant Agreement, time is of the essence, and failure ta meet a deadiine may be a basis for a determination by the State's Autharized Representative that the Grantee has not complied with the terms of the Grant Agreernent and require the Grantee to remit to the State all amounts previously paid to the Grantee. 4. Consideration and Payment 41 eonsideration The State will pay for all services perfarmed by the Grantee under this Grant Agreement as follows: (a) Cvmpensation The Grantee will be paid according to tl�e following breakdown of casts Activity �Vell sealing for wells within Fridley and Spring lake Park DWSMAs Total TOTAL Grant Amount $20,000 $20 ,� , � Cast Share $20,000 Page 2 of 7 (b) Travet Expenses The Grantee shall nat be reimbursed for any travel or subsistence expenses whatsoever (c) Total Obligation The total obligation of the State for all compensation and reimbursements to the Grantee under this Grant Agreement will not exceed $20,OQ0 (twenty thousand dollars}. {d) Grantee will submit an invoice for the total cost of the project (e) Eiy submitting an invaice far thc tatal cost of the project Grantee certifies that the cost share requirement of $20,000 (twenty thousand dollars) has been met. (fi If the total cost of the project ends up being less than $40,000 (forty thousand dollars) the Grantee agrees to contribute a minimum cost share of 50% of the total cast ofthe project. 4.2 Terms of Payment (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted in a timely fashion, upon campletion of the services. The Stat� does nat pay merely far the passage of time. (b) Invoices must be submitted using the farm attached as Exhibit A and submitted to:. Attn: Cristina Covalschi Source Water Protection Minne�ota Department of Health PO Bax 64975 St. Pau1, MN 55164-0975 { c) If the final invoice is not received by the State before the end date of this Grant Agreement, the Grantee may farfeit the final payment. �d) If necessitated by the nature of the project, the Grantee is allowed to reallocate up to 10% of t�ie amount originally awarded for a given expense categary to another approved category without obtaining permission from the State. Shau]d the Grantee find it necessaxy to re-budget the Grant beyond the 10% reallocation allowance, a written or e-mail request must be submitted to the State for approval. 5. Conditions of Payment All services provided by Grantee pursuant to this Agreement must be perfarmed to the satisfactic�n of the State, as determined in the sole discretion oE its AuthoriTed Representative. Further, all services provided by the Grantee must be in accord with all applicable federal, State, and local laws, ordinances, rules and regulatians. The Grantee will not be paid for work that the State deems unsatisfactary, or performed in violation of federal, State or local law, ardinance, rule or regulation. 6. Authorized Representatives G.1 State's Authorzzed Representatzve The State"s Authorized Represei�tative for purposes of administering this agreement is Cristina Cavalschi, SWP Grants Coordinator, 625 Robert Street N, Page 3 of 7 . . PO Box 64975, Saint Paul, MN 55164-0975, Phone number: 651-201-4696, email address: Cristina.Cavalschi@State.mn.us, or her successor, anc� has the responsibility to monitor the Graniee's perfarnaance and the final authority to accept the services provided unde.r this agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invaice submitted for payment. b.2 Grantee's Author�zzed Representatrve Thc Grantee's Authorized Representative is William Burns, City Manager, address: 6431 LTniversity Ave NE, F'ridley, MN 55432, phone: 763-571-3450 . The Grantee's Authorized Representative has fu11 authority to represent the Grantee in fulf llment of the terms, conciitions, and requirements of this agreement. If the Grantee selects a new Authorized Representative at any time during this agreement, the Grantce must immediately natify the Staie. 7. As.rignment, Amendments, Waiver, and Me�ger 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this Agreement without the prior wri�ten consent of the same parties who executed and approved this Agreement, or their successors in office. 7.2 Amendments If there are any amendments to this Agreement, they must be in writing. Amendments will not be effective until they have been executed and approved by the same parties who executed and ap�roved the original Agreement, ox their successors in office. 7.3 Waiver If the State fails to enforce any provision of this Agreement, that failure does not waive the provision ar the State's right to enforce it. � 4 Merger This Agreement contains all the negatiations and agreements between the State and the Grantee. No other understanding regarding this Agreement, wheiher written or oral, may be used to bind either party. 8. Liability The Grantee must indemnify and hold harmless ihe State, its agents, and employees from a11 claims or causes of action, including attorneys' fees incurred by the State, arising from the performance of this a�reement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this agreernent. 9. State Audits Pursuant to Minnesota Statutes § 16C.05, subd. 5, the Grantee's books, records, documents, and accountin� procedures and practzces of the Crantee, or any other relevant party or transaction, are subject to examination by the State, the State Auditor, and the Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Grant Agreement, receipt and approval of all final reports, or the required period of time to satisfy a�l State and progr�tm ret�ntian requirements, whichever is later. 10. Government Data Practices and Data Disclosure 101 Gove�nment Data P�actices Pursuant to Minnesota Statutes Chapter 13, the Grantee and the State must comply with the Minnesota Government Data Practices Act as it applies to a11 data pravided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, rnaintained, or disseminated by the Grantee under this Grant Agreement. The civil rernedies of Page 4 of 7 Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request t� release the data referred to in this clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before any data is released. The Grantee's res�onse to the request must comply with the applicable law. 10.2 Data Disclosure Pursuant to Minnesota Statutes § 270C.65, subd. 3, and all other applicable laws, the Grantee consents to disclosure of its social security number, federal employee tax identificatian number, and Minnesota ta� identification number, all of which have already been provided to the State, io federal and State tax ag�ncies and State persor�nel involved in the paym�nt of State abligations. These identification nurnbers may be used in the enforcement of federal and State tax Zaws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any. 11. Ownership of Materials und Intellectual Property Rights ll.l Ownership of Materials The State shall own all rights, title and interest in all of the znaterials conceived or created by the Crrantee, or its employees or sub-Csrantees, either individually ar jointly with others and which arise out of the per:Formance of this grant agreement, including any inventions, reports, studies, designs, drawings, speciiicatians, notes, documer�ts, saftware and documentatiox�, cornputer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ("materials"). The Grantee hereby assigns to the State all rights, title and interest to the materials. The Grantee shall, upon request of the State, execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights, patents or other forms of protection provided by law for the materials. The materials created under this grant agreement by the Grantee, its employees or sub-Grantees, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of thc materials, whether in paper, electranic, or other form, shall be remitted ta the State by the Grantee. Its ernployees and any sub-Grantees shall not copy, repraduce, allaw ar cause to have the materials copied, reproduced or used for any purpose other than performance of the Grantee's obligations under this grant agreement without the prior written consent of the State's Authorized Representative. 11.2 Intellectual Praperty Rights Grantee represents and warrants that �aterials produced or used under this grant agreement do not and will not infringe upon any intellectual property rights of another including but not limited ta patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee's expense, from any actian ax claim brought against the State to the extent that it is based on a claim that al1 or parts of the materials in:Eiringe upon the intellectual praperty rights of another. Grantee shall be resp�nsible for payrnent �f any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this grant agreement, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises or in Grantee's or the State's opinion is likely to arise, Grantee shall at the State's discretion either prac�re for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials, This remedy shall be in addition to and shall not be exclusive of other remedies provided by law. Page 5 of 7 12. Wo�kers' Compens�ction The Grantee certifies that it is in compliance with Minnesota Statutes § 17b.181, subd. 2, which pertains to workers' compensation insurance coverage. The Grantee's employees and agents, and any contractor hired by the Grantee to perform the work required by this Grant Agreemen� and its employees, will nat be considered State emplayees. Any claims that rnay arise under the Minnesota Workers' Compensation Act on behalf of these employees, and any claims made by any third party as a consequence of any act ar amission on the part a:Ethese emplayees, are in na way the State's obli�ation or respansibility. 13. l�ublicity and Endorsement 131 Fublicity Any publicity �;iven ta the progxam, publications, ar services provided resulting fram this grant agreement, including, but not limited to, notices, inf4rmatianal pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee or its employees individually or jointly with others, or any sub-Urantees shall identify the State as the sponsoring agency and shall not be released without prior written approval by the State's Authorized Representative, unless such release is a specific part of an appraved vvark plan included in this grant agreement. 13.2 Endarsement The Grantee must not claim that the State endorses its products or services. 14. Termination 14.1 Termrnatzon by the State The State or Grantee may cancel this Grant Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. 14.2 Termination for Cause If the Grantee fails to comply with any of the provisions of this Grant Agreement, the State may terminate this Grant Agreement without prejudice to the right af the State to recover any money previously paid. 7'he termination sha11 be effective ixve business days afier the State mails, by certified mail, return receipt requested, written notice of termination to the Grantee at its last knawn address. 14.3 Termination fo� Insufficient Funding The State may immediately terminate this Agreement if it does not obtain funding from the 1Vlinnesota legislature or other funding source; ar if funding cannot be continued at a 1eve1 sufficient to allow for the payment of the work scope cavered in this Agreement. Terminatian must be by written ar facsimile natice ta the Grantee. The State is not obligated ta pay i'or any work perfarmed after notice and effective date of the termination. However, the Grantee wi11 be entitled to payment, determined on a pro rata basis, for services satisfactorily pexformed to the extent that funds are available. The State will nat be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota legislature, or other funding source, not to apprapriate funds. The State must provide the Grantee notice af the lack af funding vvithin a reasanable time of the State receiving notice of the same. 1 S. Governing iaw, .Iurisdiction, and Tlenue This Grant Agreement, and amendments and supplements to it, shall be governe� by the laws of the State of 1Vlinnesota. Venue for all 1ega1 proceedings arising out of this grant agreement, or far breacl� thereof, shall be in the State or federal court with competent jurisdiction in Ranr�sey Calulty, Minnesata. Page 6 of 7 IN WITNESS WiIEREOF, the parties have caused this grant agreement to be duly executed intendin� to be bound there by. APPROVED: 1. Grantee 2. STATE AGENCY Tl7e Grantee certifies that the rxppropriade person.s(s) have executed the Grant Agreemerr.t approva! und certifrcation that STA'!'E funds have been , grant agreement on behalf of the Grantee as required by applicable encumbered as requirsd by Minn. Stat. §§16A.1 S and 16C.05. articles, bylaws, resolutions, or ordinances. By: Tltl@: Date: By: Title: Date: Distribution: Agency — Original (fully executed) GrantAgreement Grttntee State Authari�ed Representative � : 7'ltle: 1i2i0: (with delegated authority) Page 7 of 7 I N N� 5 0 T� Division of Environmental Health � Section of Drinking Water Protection P,O. Box 64975 St. Paul, Minnesota 55164-0975 ARTMEHToFHEALTH 651/201-4700 Source Water Protection Competit� Pro ram Cantact Person: Phone; E-mail: Fax: e Grants Invoice Is this the final invoice? ❑ Yes ❑ No Exhibit A � � CffY OF FRIDLEY TO FROM DATE AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 8, 2012 William W. Burns, City Manager James P. Kosluchar, Public Works Director October 8, 2012 PW 12-070 SUBJECT: Receive and Reject Bids, Police Garage Roof Repair Project No. 414 In 2012, we experienced severe leakage of the roof over the police garage and recreation storage building located just north of the Fridley Municipal Center. While the damage incurred was during a severe rainfall season, the roof over this building has been leaking for many years. Accommodations have been made on the inside of the building to minimize damage due to water intrusion, but they are temporary measures and not effective in maintaining the integrity of the building or contents over the long-term as evidenced in 2011. On August 20, 2012, staff presented plans for repairs and the City Council received those plans and authorized a call for bids for the project. An advertisement for bids was published, and bids were opened on September 7, 2012. Four bids were received, and are shown in the attached bid tabulation. Bids were provided on two alternatives, one was to remove the existing concrete and planters, install a new membrane and insulation, and replace the entire area with a new concrete surface. The second alternative included overlay of the existing walk, and installation of a new membrane under the existing planters. Both options would provide a new railing along the south side of the proposed walk. No bids were received below our estimate for the first option ($198,000), and two bids were received below our estimate for the alternative ($115,000). Due to clarifications on the bids received, we were unable to provide a recommendation to the City Council at the September 10, 2012 meeting as originally intended. This precluded work being completed in 2012, which we hoped to achieve. After reviewing pricing for elements included in the apparent low bidders, staff has determined that work will have to be completed in 2013, and with the assistance of City forces, the base bid option can be constructed for approximately $100,000. We would like to begin work on our own this fall to try and prevent further damage to the interior of the police garage. The contract documents grant the authority of the City to reject all bids. Staff recommends rejection of bids. If this motion is approved by the City Council, staff will notify bidders, and begin work to implement the repairs using City forces insofar as possible with the assistance of contracted work as needed. Staff requests that the City Council move to receive the bids for the Police Garage Roof Repair Projecf No. 414, rejecting all bids and returning bonds to all bidders. 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U� 9 C OMj c Wj C > � � —Y�""'` 'q[ �j N � N � ��.i � � 8 m � � � � c Z , +n in � a e.°i u' � a°',o �� T� a � ci ry 2� � m� � rv U�rmrnat�r''iF-,-; � � a� � °-�� ` � `m 2�z � Nc�� , �, � �W� ;��°��' � � �� .� � �LLm�� ¢ �r, ua '� � in a a � m � m ¢ z c �° � � d 0 U � AGENDA ITEM � CITY COUNCIL MEETING OF OCTOBER 8, 2012 CffY OF FRIDLEI' INFORMAL STATUS REPORTS