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CCA 11/10/2014 - c�n f CITY COUNCIL MEETING OF NOVEMBER 10, 2014 Fridley The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534) WORKSHOP (6:00 P.M.) Organized Refuse Hauling Information Update PLEDGE OF ALLEGIANCE. BOARD OF CANVASS MEETING Receive and Certify the Statement of Canvass from the General Election of November 4, 2014 ................................................... 1 - 5 CITY COUNCIL MEETING PROCLAMATIONS: Student Foreign Exchange Week — November 10616, 2014: Daniela Fernandes from Portugal ................................................................... 6 Simen Angell-Olsen from Norway ................................................................... 7 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2014 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 27, 2014 ............................................................ 8 - 14 NEW BUSINESS: 1. Appointment— City Employee ....................................................................... 15 2. Claims (165965 — 166144) ........................................................................... 16 - 29 3. Licenses ....................................................................................................... 30 - 34 4. Estimates ...................................................................................................... 35 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. ADOPTION OF AGENDA: PUBLIC HEARINGS: 5. Consideration of an Ordinance Amending Fridley City Charter, Chapter 7. Taxation and Finances, Section 7.04 Preparation of Annual Budget; and Section 7.05 Passage ofBudget ...................................................................................................... 36 - 39 6. Consideration of the Detachment/Annexation of the Property Known as John Erickson Park ................................................. 40 - 41 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2014 PAGE 3 NEW BUSINESS: 7. Resolution Requesting Concurrent Detachment from Fridley and Annexation to Spring Lake Park of Certain Lands Pursuant to Minnesota Statute 414.061 (Ward 2) .............................................................................. 42 - 46 8. Resolution Receiving a Proposal for Organized Residential Refuse Collection by Districts, and Setting an Informational Meeting for November 20, 2014, and a Public Hearing for December 8, 2014, and Directing Publication ofHearing Notice .......................................................................................... 47 - 49 9. Resolution Approving, Authorizing Execution and Recording of the Development Contract, Two Storm Water Maintenance Agreements and an Environmental Indemnification Agreement Relating to the Improvement of Real Property Located at 4880 East River Road in Fridley, Minnesota (Ward 3) ......................................................................... 50 - 118 APPEAL HEARING: 10. Consideration of Appeal Request from James Kiewel, 1627-31 Rice Creek Road (Ward 2) ................................................. 119 - 127 11. Informal Status Reports ................................................................................ 128 ADJOURN. � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF November 10, 2014 7:00 p.m. - City Council Chambers Attendance Sheet Please print name, address and item number you are interested in. Print Name (Clearly) Address Item No. AGENDA ITEM � �z �y; BOARD OF CANVASS MEETING � Fridley NOVEMBER 10, 2014 TO: WALTER T.WYSOPAL,CITY MANAGER��/ . FROM: DEBRA A.SKOGEN,CITY CLERK'� DATE: NOVEMBER 7,2014 SUBJECT: NOVEMBER 4,2014 GENERAL ELECTION STATEMENT OF CANVAS A general election was held on Tuesday,November 4, 2014, to select candidates for the offices of Councilmembers Ward l, 2 and 3. Attachxnent 1 is the Statement of Canvass for this ele�tion. State Law states that the City Council must canvass the results of the general election within 3 to 10 days of the election. I have included the total number of ballots cast in the City for this election,the total number of votes for each candidate, a true copy of the ballot, and the names of the election judges as required. There were a total number of 15,061 registered voters at 7:00 a.m. and 589 Election Day registrations for a total number of 15,651 registered voters. Of those registered voters, 8794 cast a ballot in the City thereby giving the City a voter turnout of 56.19%, which is 5% lower than the 2010 election,which would be a similar election to this election. Even with an increase of absentee ballot voting this year,the voter turnout was lower than expected. The individuals elected are Jim Saeflce, Ward 1; Dolores Varichak, Ward 2; and Ann Bolkcom, Ward 3. Staff recommends a motion accepting and certifying the results of the election. 1 City of Fridley, Minnesota B. The total number of votes cast for Councilmember Statement of Canvass Ward 1 are as follows: General Election November 4, 2014 Precinct Jim Saeflce 7ohn Anderson Write-in Ward 1- 2$5 318 5 DECLARATION OF THE RESULTS THEREOF ����t i A. The total number of ballots cast was: Ward 1- 310 302 4 P,�ecinoc z ward 1- 308 263 4 Precinct Ballots rrecinct 3 Ward 1 -Precinct 1 815 �'�'�1- 247 225 5 Ward 1 -Precinct 2 823 Precinct 4 Total Votes 1150 1108 18 Ward 1 -Precinct 3 753 Cast Ward 1 -Precinct 4 672 Ward 2-Precinct 1 594 C. The total number of votes cast for Councilmember ward 2-Precinct 2 521 Ward 2 are as follows: Precinct Dolores M. Pam Reynolds Write-In Ward 2-Precinct 3 971 N Varichak Ward 2-Precinct 4 929 �'�2- 209 257 1 Ward 3-Precinct 1 682 precinct 1 Ward 3-Precinct 2 1037 �'�'�2- 241 180 4 Wazd 3—Precinct 3 433 �recic►ot 2 �aar�2- 565 261 4 Ward 3—Precinct 4 564 Precinct 3 Total Ballots Cast 8794 wara 2- 398 264 5 Precinct 4 Total Votes 1413 962 14 Cast Statement of Canvas General Election November 4,2014 D. The total number of votes cast for Councilmember Ward 3 are as follows: Precinct Ann Bolkcom Writo-in Ward 3- 458 10 Precinct 1 �'�3- 751 16 Precinct 2 Ward 3- 271 6 Precinct 3 �'�3- 339 15 Precinct 4 Tota1 votes 1819 47 Cast E. The following is a true copy of the ballot: �'' CITY OFFICES CITY OF FRIDLEY " �OUNG�LMEIVIBER WAR� 1 bTE FOR ONE O JIM SAEFKE O JOHN ANDERSON O Write-in ' COUNCILMEIVIBER WARD 2 (�'C'1TE�'�R(�NE) O DOLORES M.VARICHAK O PAM REYNOLDS O Write-in ; COU�TCIL MEMBER WARD 3 �'�� ���O►TE FO�Z�NE) � O ANN BOLKCOM O Write-in Statement of Canvas General Election November 4,2014 F. The names of the Judges of the Election are as follows (Head and Assistant Head Judges are indicated by* or**): Ward 1 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Precinct 4 John Walther* Arlene Linton* Jane Hosman* Norma Rust* Maxine Damen** Carole Blaska** Anne Reineck** Lonna-Jean Schmidt Nelson** Shannon Anderson Marlys Kranz** Jerold Bahls Carolyn Doyle Ann Bangen Mary Ackerman Jimmy Golden Karolyn Erickson Sandy Byl Jacqueline Frogh Elaine Gunderson Mike Halloran Gwen Nawrocki Diane Graham Kay Hermann James Lambert Cindy Purdham Lynne Grigor Olga Krochalk Joyce McConville Marlene Schonebaum Christine Lauer Melvin Kuehni Cynthia Schreiner Janet Swanson Linda Munson Giles McConville Marcy Sibell Joe Westenfield Shirley O'Neill Lynne Nehring Ron Thureen Beverly Sax Lois Palmquist Stephen Wallerius Michael Roith Judy Zerby Constance Schindel Joanne Toews � Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4 Teresa Hub* Don Findell* Lana Joy Glaser* Jackie Walther* Phyllis Hildreth** Tanya Plummer Provost* Janice Golden* Maureen Zgutowicz** Donna Bahls Joan Emma Clazk Earl Hendricks Linda Backlund Richazd Dols Janyce Dols � Judy Lennox Barbara Brooks Jill Dutcher Sally Hellman Jeanette Lindquist Delores Ginthner Sherri Gemlo Mary Ann Hoffinan Randy Lohmer Steven D Johnson Jimmie Harris Judith McHugo Michael Riley Kazen Kalambokidis Kenneth Hoy Susan Tienter Brian Toews Colleen Kennedy Esther Kisch Donald Wegler Barbara Tollakson Joseph McHugo Paul H Laes Joanne Veres Mary Plant Angela McShane Ann Williams Marlene Steichen Bruce Pomerantz David Zerby Jerry Tietner Tom Schonebaum Statement of Canvas General Election November 4,2014 Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Health Care Judges Cindy Ruschy* Jeanine Nelson* Richard Nelson* Robert Hosman* Cindy Ruschy Leslie Plummer** Thomas Bourque** Kathy Svanda** Ted Kranz** Julie Horvak Kent Buell James Glaser David Linton** Gerry Brisco Moranda Zimmer Bee Davidson Margaret Greshik Julann Delaney Thomas Forsythe Janet Kothman Paul Gunderson Roberta Johnson Allen Grigor Teresa Miller Barbara Johnson Roger Nawrocki Connie Metcalf William Rust Bonita Johnson Virgil Okeson Susan Okeson Fred Severni William Linton John Soule Peggy Price Debbie Strand Janet Persell Linda Yaeger Bazbara Proost Delores Sadowski(am) Gerald Schaaf Gerald Sadowski(pm) Dirk Schindel Lois Scholzen Bruce Setterholm Paul Sleasar WE HEREBY CERTIFY THE ABOVE RESULTS OF THE GENERAL ELECTION HELD ON NOVEMBER 4,2014, � ON THIS 10�DAY OF NOVEMBER,2014. Mayor—Scott Lund Councilmember Ward 1 —James Saeflce Councilmember At Large—Robert L. Barnette Councilmember Ward 2—Dolores Varicha.k ATTEST: Debra A. Skogen, City Clerk Councilmember Ward 3—Ann R. Bolkcom � � Student Foreig�� Exchange Weelrr 1Vovember Zo - 1Vovember Z6, Zo1Q F!'JC�3 WHEREAS, our community's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students from around the world to our community; and, WHEREAS, this interchange of culture and philosophy contributes to the education and maturation of our youth in many and varied ways; and, WHEREAS, it is the desire of the Ciry of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor for the City of Fridley, hereby proclaim November 10 through November 16, 2014, as Student Foreign Exchange Week, IN HONOR OF DANIELA FERNANDES FROM PORTUGAL BE IT FURTHER RESOLVED, that Daniela be made an honorary citizen of the City of Fridley, Minnesota, during her stay. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be a�xed this 10`h day of November, 2014. Scott J. Lund, Mayor 6 � � %�`1V'�� • Student Foreig� Exchange Weelrr 1Vovember so -1Vovember Z6, Zos4 $'JC� WHEREAS, our community's greatest asset is our youth; and WHEREAS, the American Field Service (AFS) organizes and administers a program which brings students from around the world to our community; and, WHEREAS, this interchange of culture and philosophy contributes to the education and maturation of our youth in many and varied ways; and, WHEREAS, it is the desire of the City of Fridley to show its appreciation and support to our distinguished guests; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor for the City of Fridley, hereby proclaim November 10 through November 16, 2014, as Student Foreign Exchange Week, IN HONOR OF SIMEN ANGELL-OLSEN FROM NORWAY BE IT FURTHER RESOLVED, that Simen be made an honorary citizen of the City of Fridley, Minnesota, during his stay. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affixed this IOth day of November, 2014. Scott T. Lund, Mayor 7 CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 27,2014 The City council meeting for the City of Fridley was called to order by Mayor Lund at 7:05 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Developrrient Director Darin Nelson, Finance Director James Kosluchar, Public Works Director APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 13,2014. APPROVED. NEW BUSINESS: 1. Approve Release of Development Agreements for Faulkner Development for 6352 Central Avenue and 1271 East Moore Lake Drive (Ward 2). APPROVED. 2. Approve Permanent Utility and Access Easement Agreement between the City of Fridley and ZCOF TL Fridley LLC, for the Tri-Land Fridley Market Site Located at the Northwest Corner of I-694 and University Avenue (TH4'� (Ward 3). APPROVED. 3. Resolution Certifying Certain Delinquent Utility Services to the County for Collection with the 2015 Property Taxes. ADOPTED RESOLUTION NO. 2014-76. 8 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27.2014 PAGE 2 4. Resolution Adopting Assessment for 2014 Utility Lateral Repair Project. APPROVED RESOLUTION NO.2014-77. 5. Resolution Authorizing Signing an Employment Agreement between Certain Employees Represented by Local No. 1986. APPROVED RESOLUTION NO. 2014-78. 6. Resolution Designating Time and Number of Council Meetings for 2015. APPROVED RESOLUTION NO.2014-79. 7. Approve the 2015 Development Review Schedule for the Planning Commission and the Appeals Commission. APPROVED. 8. Claims (1410-ACH PCard; 165768-165941). APPROVED. 9. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Consent Agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No one from the audience spoke. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember Saeflce. . UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 9 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27,2014 PAGE 3 PUBLIC HEARINGS: 10. Consideration of a Rezoning Request, ZOA #13-02, by the City of Fridley, to Consider Rezoning Property, Legally Described as Auditor's Subdivision 39, from C-2, General Business, to M-2, Heavy Industrial, Generally Located at 3720 East River Road N.E. (Ward 3) (Continued July 14,2014). MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY, AND THE PUBLIC HEARING OPENED AT 7:05 P.M. Scott Hickok, Community Development Director, noted there was a public hearing on this item in December, 2013. At that time, there was discussion about the rezoning and interest on the part of a developer to keep the zoning commercial to better market the site. The City's interest was to change the zoning to industrial like the surrounding properties. The owner of the property has found a user for the site, a funeral home operator, and has negotiated terms. A decision needs to be made regarding the zoning request. Staff recommends continuing the public hearing until December 22 so the funeral home has the building permit application complete. The bank is interested in having this business concluded by the end of this year. Staff is confident this extension will take care of itself within this timeframe. Councilmember Bolkcom asked if the bank is comfortable with the date. Jay Larson representing Prime Security Bank and bank owner of the property replied yes. They have approved the purchase order and are meeting with the borrower weekly. Right now they are waiting for an updated construction statement and appraisal. He is confident this will be closed by mid-December--no later than the end of the year. MOTION by Councilmember Bolkcom to continue the public hearing until December 22, 2014. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING WAS CONTINUED UNTIL DECEMBER 22,2014. 11. Consideration of the Proposed Assessment for the 2014 Nuisance Abatement MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Saefke UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:10 P.M. 10 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27,2014 PAGE 4 Darin Nelson, Finance Director, stated this is the annual assessment for those properties in which continuing code violations existed where the City expended resources to bring the properties into compliance. A total of 31 properties are involved in this assessment. The total amount of the assessment is $22,554.39. The assessment will be for one yeaz at 6 '/2 percent interest. Staff has not received any correspondence contesting the proposed assessment. Mr. Nelson said a deferral option for retired or disabled property owners is available for homestead properties. Mr.Nelson said staff recommends the public hearing be opened for public comment. Councilmember Bolkcom noted in the agenda packet there were 32 pin numbers and in assessment there are 31. She asked if one was paid. Mr.Nelson replied one had been paid. Councilmember Bolkcom asked if the property owners would be getting a letter. Mr. Nelson replied yes, property owners will have until November 27, 2014, to pay for the assessment with no interest. Councilmember Bolkcom asked if the penalty would still be applied. Mr.Nelson answered yes. 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 CLOSED AT 7:13 P.M. NEW BUSINESS: 12. Resolution Adopting Assessment for 2014 Nuisance Abatement. MOTION by Councilmember Saeflce to adopt Resolution No. 2014-80. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Approve Agreement between the City of Fridley and EDS Builders, Inc., to Provide Construction Manager Services for the Springbrook Nature Center Project(Ward 3). 11 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27.2014 PAGE 5 Jack Kirk, Director of Parks and Recreation, stated that hiring a Construction Manager is the first step in moving forward into the design and construction project. A construction manager will serve as an onsite representative and will reduce the overall cost of the project. The construction manager will be the key ingredient in the communications area and would be the central communication point, providing timely information to those associated with the construction process. The construction manager will provide leadership guidance as the project moves through various phases. Having one right from the start will help keep the project on time and on budget. Mr. Kirk said the construction manager will provide the pre-design submittal to state legislative bodies as a requirement for the state bonding grant, get information for the architect engineers, help select design professionals, work closely with the local design team, staff and Park & �, Recreation commission members, put together final specs for bid documents, help with the selection of contractors, oversee construction quality, assist with reporting and paperwork, and follow up with walkthrough, making sure everything is working properly. Mr. Kirk said he heard good things about EDS Builders. They have extensive experience working with other cities in our area. The references they provided have been outstanding. EDS Builders has been recognized for their work with numerous awards. He and the City Manager have met with the owner numerous times and agree this is a good fit for this project. The owner of the company will be the onsite construction manager. This position would be paid with grant funds, not with funds from the City of Fridley. Staff recommends approval of the agreement with EDS Builders for construction management for the Springbrook Nature Center Project. Mayor Lund noted that the memorandum talks about an industry standard of 5% estimated cost not to exceed$350,000. He said he only sees an amount of$90,000. Mr. Kirk replied that is a monthly cost, with a 13-month maximum that may end up outset in terms of the construction period, so the amount could be less. Councilmember Bolkcom noted that the memorandum mentions $7.1M but $S.OM is in a state grant. Would the construction manager be part of the other $2.1 M? Wally Wysopal, City Manager, replied yes; additional funds coming from the Foundation would pay for that cost. This agreement is based on the $7.1M, and the construction manager fee could be reduced. If the project ends up only being $4-SM and only 10-11 months, the construction manager's fee would be reduced accordingly. Councilmember Bolkcom said the City would not be responsible to pay any of the construction manager's cost beyond the $S.OM. Wally Wysopal answered correct. Councilmember Bolkcom said Council is committing to the $S.OM project with a possibility of another$2.1 M. 12 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27.2014 PAGE 6 Wally Wysopal replied correct. Mr. Kirk said the $7.1 M is included in the construction manager fee and the design is to be paid with the state bonding money or additional funds from the Springbrook Nature Center Foundation, not to be supported with City funds. Councilmember Bolkcom asked if the plan is that the funds will be paid out by the City and reimbursed by the state grant. Mr. Kirk replied that is correct. Mr. Kirk said during the next six months, there will be a lot of work on the design end. The task will then be to bring in the architect and engineering. The goal is to get documents completed by the end of next spring to proceed with the bidding. MOTION by Councilmember Bolkcom to approve the Agreement between the City of Fridley and EDS Builders,.Inc., to provide Construction Manager Services for the Springbrook Nature Center Project. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 14. Approve Lot Reservation Agreement between the City of Fridley and Twin Cities Habitat for Humanity, Inc., and the Related Sale of the Property Generally Located at 52°d Avenue and Taylor Street N.E. (Ward 1). Scott Hickok, Community Development Director, stated the public hearing was held last year for the sale of this property. This property once served as a driveway to the South Fridley Apartments. The best use going forward would be to sell the property and put it to good use as a single family lot. The HRA has helped staff, and there is an offer on the property for the asking price. T'he property would be owned by Habitat for Humanity. This is to let Council know the sale will be moving forward. The Mayor and City Clerk will sign off on the documents when the sale occurs. A very nice walk-out rambler will be constructed on this lot, and it will blend in nicely with the rest of the neighborhood. Mike Nelson, Habitat for Humanity, said he has been working with staff on this opportunity and was available to answer any questions from Council. The plan is to enter into an agreement in the next 60 days and get in early next spring to construct a home and have a family in the home the later part of next year. The design of the home will fit into the rest of the neighborhood. The home will be built with high standards and be very energy efficient. Councilmember Bolkcom asked if the square footage was 1,255 square feet. Mr. Hickok noted it should be 2,255 square feet. 13 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27,2014 PAGE 7 MOTION by Councilmember Saeflce to approve the Lot Reservation Agreement between the City of Fridley and Twin Cities Habitat for Humanity, Inc., and the Related Sale of the Property Generally Located at 52°d Avenue and Taylor Street N.E. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Informational Status Reports. Councilmember Bolkcom said there is a Springbrook Creek maintenance meeting tomorrow night at the Springbrook Nature Center at 6:00 p.m. The 2015 Street Construction Project Summit Manor meeting is Wednesday from 5:30 to 7 p.m. at City Ha11. Pumpkin Night in the Pazk was a huge success with over 4,600 attendees. Thank you to all the volunteers. Scott Hickok stated on November 5 from 6:00 to 7:30 p.m. there will be an open house at Stephenson Elementary Cafeteria for the TOD program staff is working on. Everyone is invited to attend. This will be considered for Council approval in December. Wally Wysopal, City Manager, said those interested in voting via absentee ballot can do so at City Hall. City Hall will be open Saturday from 10 a.m. to 3 p.m., and Monday until Spm. He encouraged anyone at this time to bring their ballot to City Hall versus the mail. Mayor Lund stated this Saturday at Bob's Produce is the kick-off for the annual roof-raiser fundraiser from 2 to 5 p.m. He is asking for donations to keep him off the roof this year. His goal is to raise $5,000. Last year, he was fortunate to exceed that amount. This fundraiser is for the Lee Carlson Center, which does a lot for those in need. Please be generous with your donation. Councilmember Bolkcom welcomed Duluth Trading Company, located next to the Fridley Liquor Store. She invited people to stop by and see this new store and check out the changes to the liquor store. She reminded people that sales from the liquor store go back to the City. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE MEETING ADJOURNED AT 7:42 P.M. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor 14 � AGENDA ITEM `Fn�ey CITY COUNCIL MEETING OF NOVEMBER 10, 2014 Appointment Starting Start Name Position Salarv Date Replaces Adam Public Services $23.15 Nov. 24, Philip Swinney Worker -Water per hour 2014 Perron 15 � AGENDA iTEM �'�°f COUNCIL MEETING OF NOVEMBER 10, 2014 Fridley CLA1 MS CLAIMS 165965 - 166144 16 PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 1 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/30/2014 165965 ANOKA COUNTY CENTRAL COMMUNICA 1005 1, 080.00 101-0440-425.43-32 10/29/2014 CJIS ACCESS FEE 2014350 10/2014 1, 080.00 10/30/2014 165966 AT & T MOBILITY 1116 3,720.61 101-0333-415.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 108.76 101-0220-415.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 48.86 225-0000-415.43-32 10/17%2014 CELL PHONE 287251541144X10 10/2014 48.86 101-0440-425.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 1,224 .49 101-0441-425.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 124 .25 101-0550-425.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 287.52 101-0661-435.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 333 .41 101-0669-435.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 101.05 101-0880-465.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 99.80 101-0881-465.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 34 .99 101-0882-465.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 98.76 101-0770-455.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 68 .70 601-7000-415.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 242.34 602-7000-415.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 216.09 101-0668-435.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 375.54 101-0666-435.43-32 10/17/2014 CELL PHONE 287251541144X10 10/2014 272.20 101-0661-435.43-32 10/17/2014 GIS HOT SPOT 287251541144X10 10/2014 34.99 F,'r^/30/2014 165967 BEACON ATHLETICS 2017 - 1,245.84 �1101-0666-435.42-22 10/20/2014 ATHLETIC EQUIPMEN�- 440782 10/2014 1,245.84 10/30/2014 165968 BRO-TEX, INC 2173 282.91 237-0000-415.43-40 10/27/2014 RECYCLING FALL DROP OFF 455219 10/2014 282.91 10/30/2014 165969 BECA IT & SOFTWARE SERVICES 2236 4,700.00 409-0000-415.45-60 10/24/2014 1ST DATA EXTRACTION SERV 14001810 10/2014 4,700.00 • 10/30/2014 165970 CENTRAL RENTAL CO 3010 456 .57 270-0771-455:43-41 10/27/2014 GENERATOR RENTAL 1551897 10/2014 456.57 10/30/2014 165971 CUB FOODS INC 312� 22.73 270-0771-455.42-21 10/23/2014 SUET 10/2014 22.73 10/30/2014 165972 C.D.W. GOVERNMENT, INC 3163 766.46 409-0000-415.42-21 10/23/2014 REPLACEMENT BATTERY 604,71,2683,422 10/2014 766.46 10/30f2014 165973 CENTURY LINK 3295 249.65 609-9100-415.43-32 10/22/2014 PHONE SERVICE 5710683 10/2014 214 .78 601-7000-415.43-32 10/22/2014 PHONE SERVICE 5711683 10/2014 17.44 602-7000-415.43-32 10/22/2014 PHONE SERVICE 5711683 10/2014 17.43 10/30/2014 165974 CENTENNIAL FIRE DISTRICT 3302 1,000. 00 101-0550-425.43-37 09/29/2014 EMT CLASS 1091 10/2014 1, 000.00 10/30/2014 165975 DISCOUNT SCHOOL SUPPLY 4034 171.25 101-0666-435.42-22 10/13/2014 FLAT STEEL 01035679 10/2014 171.25 PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 2 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT -----------------------------------------------------------------------------=------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/30/2014 165976 DEFORGES PLUMBING, INC 4147 2, 000.00 101-0880-465.43-40 10/29/2014 INSPECTIONS 1460 10/2014 2, 000.00 10/30/2014 165977 E.C.M. PUBLISHERS INC 5001 166.78 101-0224-415.43-34 10/24/2014 LEGAL NOTICE-AMEND CHPT 7 155245 10/2014 166.78 10/30/2014 165978 EMERGENCY AUTOMOTIVE TECHNOLOG 5073 7, 927.45 410-0550-425.45-40 10/20/2014 EQUIPMENT FOR RES#6 11983 10/2014 7, 927.45 10/30/2014 165979 EMERGENCY RESPONSE SOLUTIONS,L 5103 .00 101-0550-425.42-17 10/27/2014 SCBA SUPPLIES 2835 10/2014 2,230.00 101-0550-425.42-17 11/03/2014 SCBA SUPPLIES 2835 11/2014 2,230.00- 10/30/2014 165980 EVERGREEN RECYCLING, LLC 5108 1,080.00 237-0000-415.43-40 10/27/2014 RECYCLING FALL DROP OFF 1627 10/2014 1, 080.00 10/30/2014 165981 CITY OF FRIDLEY 6023 66.47 101-0440-425.43-37 10/28/2014 POLICE TRAINING MEALS PETTY CASH 10/2014 66.47 10/30/2014 165982 FIELD, MATTHEW 6066 21.90 101-0550-425.42-21 10/29/2014 REIMB NSRMA MTG REFRESHMT 10/2014 21.90 �:r�/30/2014 165983 FLEET PRIDE 6151 177.18 � 101-0668-435.43-40 10/06/2014 HOSE ASSY,PARTS 64179083 10/2014 177.18 10/30/2014 165984 GREEN BARN GARDEN CENTER, INC 7107 2, 158 .00 270-0771-455.42-21 10/10/2014 PUMPKINS, CORN STALKS 10253 10/2014 2,158.00 10/30/2014 165985 GENESIS EMPLOYEE BENEFITS 7162 26.75 704-0000-415_43-30 10/14/2014 ASSET BASED SHRHLD FEE 25873 10/2014 26.75 10/30/2014 165986 HYDRAULIC SPECIALTY CO 8031 209.16 101-0000-144.00-00 10/23/2014 HYD COUPLER 09049951777 10/2014 209.16 10/30/2014 165987 WENDY HIATT 8164 27.13 101-0669-435.43-33 10/28/2014 REIMB MILEAGE 10/2014 27.13 10/30/2014 165988 TOM HANSON 8172 75.00 101-0770-455.42-21 10/21/2014 GREAT DECISIONS SPEAKER 10/2014 75.00 10/30/2014 165989 PERRY JONES 10078 29. 00 101-0440-425.43-33 10/27/2014 REIMB PARKING FEES 10/2014 29.00 10/30/2014 165990 JAMES HUNGASKI ILLUSTRATIONS 10107 490.00 609-9100-415.43-30 10/29/2014 FRED LEE ART WRK-FINAL 10/2014 490.00 10/30/2014 165991 LEAGUE OF MINNESOTA CITIES 12015 40.00 101-0110-415.43-37 10/28/2014 MAYOR LUND-REGIONAL MTG 204626 10/2014 40.00 10/30/2014 165992 DAVID LOCKER 12185 200.00 270-0771-455.43-40 10/24/2014 OVERNGHT SECURITY-PUMKIN 10/2014 200.00 PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 3 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 10/30/2014 165993 MINNESOTA SAFETY COUNCIL INC 13041 270.00 101-0770-455.42-21 10/16/2014 DEF DRIVING PACKETS 31998 10/2014 270.00 10/30/2014 165994 METRO SALES INC 13135 250.98 101-0661-435.43-35 10/27/2014 MAINTENANCE 94053 10/2014 250.98 10/30/2014 165995 MSDWAY FORD 13189 33,126.26 410-0668-435.45-40 10/22/2014 AERIAL TRUCK V#740 101026 10/2014 33,126.26 10/30/2014 165996 MICHAEL MAHER 13240 214.64 270-0771-455.43-40 10/24/2014 FILE MET COUNCIL AGREEMT 10/2014 92.00 270-0771-455.43-33 10/23/2014 REIMB MILEAGE 10/2014 122.64 10/30/2014 165997 MINN HWY SAFETY/RESEARCH CTR-M 13359 792.00 101-0440-425.43-37 10/23/2014 PIT/EVOL REFRESHER 6294304089 10/2014 792.00 10/30/2014 165998 MIDWEST EQUIPMENT SALES 13480 4,770.00 101-0666-435.42-22 10/15/2014 TIRES/TRACKS PRKS 125090 10/2014 4,770.00 10/30/2014 165999 JOSEPH MAGANA 13481 30.22 101-0440-425.43-37 10/27/2014 MEAL REIMB-TRAINING 10/2014 30.22 �;�,^/30/2014 166000 NARDINI FIRE EQUIPMENT CO 14054 1,034.83 �O 101-0550-425.42-21 10/28/2014 SILV-EX PLUS 50546 10/2014 1,034 .83 10/30/2014 166001 CITY OF NEW BRIGHTON 14067 1,149.27 601-7000-415.43-40 10/22/2014 WATER CHEMICALS 10/2014 1,149.27 10/30/2014 166002 NORTHERN TECHNOLOGIES, INC 14179 183.00 406-0006-435.43-40 10/16/2014 ENG MAT/TESTING STR REHAP 13018 10/2014 183.00 10/30/2014 166003 HUNTER HAMILTON 16029 944 .00 601-6000-415.43-40 10/27/2014 UB TRMP EMPLOYEE 102962126 10/2014 944.00 10/30/2014 166004 POMP'S TIRE SERVICE, INC 16051 3,489.72 101-0000-143.00-00 09/OS/2014 TIRES 150039072 10/2014 1,501.20 101-0000-143.00-00 09/17/2014 TIRES 150039070 10/2014 1,751.52 101-0668-435.43-40 09/OS/2014 TIRES 150039133 10/2014 237.00 10/30/2014 166005 PEABODY ENTERPRISES, INC 16058 7,610.24 609-9100-415.45-60 10/14/2014 CABINETS 81908,81906 10/2014 7,610.24 10/30/2014 166006 RICHARD PERRON 16072 19.74 101-0666-435.42-17 10/24/2014 REIMB SAFETY BOOTS 10/2014 19.74 10/30/2014 166007 PACE ANALYTICAL SERVICE INC 16135 555.50 601-7000-415.43-40 10/21/2014 NPDES LAB SVS 12141185 10/2014 555.50 10/30/2014 166008 PARKITECTURE 16219 ��Z.9p 101-0666-435.42-22 10/20/2014 SWINGS,SEATS,HOOKS 14956 10/2014 772.90 PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 4 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00 --------------------------------------------------------------------------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------- ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT 10/30/2014 166009 R.D.O. EQUIPMENT CO TRUST#80-5 18015 763.38 101-0000-144.00-00 10/15/2014 parts 504,721,613,640 10/2014 619.04 410-0668-435.45-40 09/16/2014 LABELS,HINGE V#795 921330,P22131 10/2014 144.34 10/30/2014 166010 SAM'S CLUB 19004 1,391.79 101-0770-455.42-21 10/16/2014 ZONE SUPPLIES 10/2014 703.69 270-0771-455.42-21 10/16/2014 PUMKIN NIGHT SUPPLIES 10/2014 177.45 270-0771-455.42-17 10/16/2014 STAFF COATS 10/2014 164.90 270-0771-455.42-21 10/16/2014 PUMKIN NIGHT SUPPLIES 10/2014 217.69 270-0771-455.42-21 10/16/2014 VOLUNTEER FOOD/WATER 10/2014 82.79 101-0770-455.42-21 10/16/2014 SR SUPPLIES 10/2014 7.48 237-0000-415.42-21 10/16/2014 RECYCLING EVENT SUPPLIES 10/2014 22 .79 101-0660-415.43-31 10/16/2014 MEMBERSHIP-BENSON 10/2014 15.00 10/30/2014 166011 SCHARBER & SONS INC 19011 259.67 101-0000-144.00-00 10/16/2014 FILTERS P61103 10/2014 143.97 101-0000-144.00-00 10/09/2014 BEARINGS,BOLTS P60561 10/2014 115.70 10/30/2014 166012 SCHIFSKY AND SONS INC 19045 9, 871.73 101-0668-435.42-22 10/25/2014 ASPHALT 56928 10/2014 9,871.73 10/30/2014 166013 SHORT ELLIOTT HENDRICKSON INC 19108 2,262. 00 N 101-0661-435.43-30 10/15/2014 FILTER DRAIN PUMP 288134 10/2014 2,262.00 O 10/30/2014 166014 SUBURBAN TIRE WHOLSALE, INC 19229 2,327.56 101-0000-143.00-00 10/03/2014 TIRES 10128353 10/2014 272.74 101-0000-143.00-00 10/20/2014 TIRES 10128757 10/2014 514.54 101-0000-143.00-00 10/27/2014 TIRES 10128912 10/2014 1,540.28 10/30/2014 166015 SPRINGBROOK NATURE CENT FOUNDA 19256 300.00 270-0771-455.43-40 10/23/2014 STAN TEKIELA-PRESENTOR 102014 10/2014 300.00 10/30/2014 166016 STRAUGHAN HARDWARE, INC 19278 2, 139.50 601-7000-415.43-40 10/15/2014 REPLACE DOOR PUMPHOUSE 229258 10/2014 2,139.50 10/30/2014 166017 STANDARD SPRING PARTS 19333 495.76 101-0666-435.42-22 10/10/2014 CUSTOM THREADED ROD,NUTS 351739 10/2014 495.76 10/30/2014 166018 TARGET 20004 42 22 101-0770-455.42-21 10/03/2014 SUPPLIES 10/2014 42 .22 10/30/2014 166019 ZCOFTL FRIDLEY,LLC 20130 12,831.68 609-9100-415.43-41 10/27/2014 NOV LEASE PMT 047001A00000367 10/2014 12, 831.68 10/30/2014 166020 AUTONATION COLLISION CENTER 20152 2, 625.70 101-0661-435.43-40 10/07/2014 ACCIDENT REPAIRS V#810 262404 10/2014 2,625.70 10/30/2014 166021 TOTAL COMPLIANCE SOLUTIONS, IN 20163 100.00 101-0666-435.43-30 10/21/2014 DRUG TESTING 41027 10/2014 20. 00 PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 5 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0668-435.43-30 10/21/2014 DRUG TESTING 41027 10/2014 20.00 101-0669-435.43-30 10/21/2014 DRUG TESTING 41027 10/2014 20.00 601-7000-415.43-30 10/21/2014 DRUG TESTING 41027 10/2014 20.00 602-7000-415.43-30 10/21/2014 DRUG TESTING 41027 10/2014 20.00 10/30/2014 166022 UNITED PARCEL SERVICE 21025 58.16 101-0333-415.43-40 10/15/2014 SHIPPING TO CDWG YW2291434 10/2014 58.16 10/30/2014 166023 UPPER MIDWEST SEED INC 21046 132.90 270-0771-455.42-21 10/15/2014 SEEDS 18794,18891 10/2014 132.90 10/30/2014 166024 VALLEY-RICH CO INC 22006 17,301.72 601-7500-415.43-40 10/28/2014 REPAIR WATER MAIN HWY 65 20335,20437 10/2014 17,301.72 10/30/2014 166025 ANTHONY WALLERIUS 23102 100.00 101-0770-455.43-40 10/24/2014 UMPIRE 1302 10/2014 100.00 10/30/2014 166026 WARNING LITES OF MINNESOTA, IN 23103 281.52 406-0006-435.43-41 10/20/2014 TRAFFIC CONTROL SIGNS 141612 10/2014 281.52 10/30/2014 166027 XCEL ENERGY 24002 18, 152.19 609-9100-415.43-38 10/23/2014 LIQ STORE ENERGY AUDIT 432222632 10/2014 300.00 101-0665-435.43-38 10/20/2014 UTZLITIES 431811809 10/2014 16, 176.08 N 602-7000-415.43-38 . 10/20/2014 UTILITIES 431794381 10/2014 1,308.91 H+ 101-0550-425.43-39 10/20/2014 UTILITIES 431777647 10/2014 202.54 603-7000-415.43-38 10/20/2014 UTILITIES 431783254 10/2014 164 .66 10/30/2014 166028 ZEE MEDICAL SERVICE CO 26014 94.70 270-0771-455.42-21 10/20/2014 FIRSTAID SUPPLIES 54097285 10/2014 94.70 10/30/2014 166029 TARGET 99998 200.00 101-0000-240.00-00 10/28/2014 TSP 14-22 DEPOSIT REFUND 10/2014 200.00 10/30/2014 166030 BENJAMIN ALBOHOL 2014102 633 .33 227-0000-415.43-40 10/27/2014 MET COUNCIL I&I GRANT 10/2014 633 .33 11/06/2014 166031 ANOKA COUNTY CENTRAL COMMUNICA 1005 531.29 101-0440-425.43-32 11/03/2014 WIRELESS INTERNET ACCESS 2014370 11/2014 531.29 11/06/2014 166032 ARCTIC GLACIER INC 1008 402.15 609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 327.25 609-0000-158.00-00 10/30/2014 OCT-MISC 11/2014 74.90 11/06/2014 166033 AMUNDSON CIGAR & CANDY CO 1064 2,657.86 609-0000-184.00-00 10/30/2014 OCT-CIGS 11/2014 2,657.86 11/06/2014 166034 ANOKA COUNTY ELECTIONS 1097 233 .70 101-0223-415_43-35 10/31/2014 ELECTION BALLOTS 201463 11/2014 233.70 11/06/2014 166035 ANCOM COMMUNICATIONS INC 1088 6,604 .00 101-0441-425.45-40 09/29/2014 BI-DIRECTIONAL AMPLIFIER 48680 11/2014 6,604.00 PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 6 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 11/06/2014 166036 APACHE PRINT INC 1147 176.13 101-0770-455.43-35 10/30/2014 NEWSLETTER 46061 11/2014 178.13 11/06/2014 166037 AMERICAN BOTTLING COMPANY 1155 349.31 609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 241.11 609-0000-158.00-00 10/30/2014 OCT-MISC 11/2014 108.20 11/06/2014 166038 AUTOMATIC SYSTEMS CO INC 1158 247.15 601-7000-415.43-40 10/22/2014 BACKWASH BASIN VALVE 28070 11/2014 247.15 11/06/2014 166039 ASPEN MILLS INC 1161 222,�5 101-0440-425.42-17 10/20/2014 EB VEST 156406 11/2014 89.95 101-0440-425.42-17 10/03/2014 EB VEST CARRIER 155442 11/2014 132.80 11/06/2014 166040 A.A. EQUIPMENT CO 1180 9,671.70 609-9100-415.45-60 10/30/2014 NEW COOLERS 6773,6799 11/2014 9,671.70 11/06/2014 166041 ACE SOLID WASTE, INC 1241 2�,1g 609-9200-415.43-40 11/O1/2014 NOV REFUSE HAULING 277552 11/2014 27.19 11/06/2014 166042 AMARA WINES,LLC 1296 1,137.84 609-0000-161.00-00 10/30/2014 OCT-WINE 11/2014 1,107.84 tN 609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 30.00 11/06/2014 166043 ARTISAN BEER COMPANY 1303 1,368.25 609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 174 .00 609-0000-157.00-00 10/30/2014 OCT-BEER 11/2014 1,194 .25 11/06/2014 166044 ASTECH CORPORATION, INC 1316 61,031.85 406-0006-435.45-30 10/31/2014 STREET REHAB PROJ EST#6 11/2014 61,031.85 11/06/2014 166045 BEISSWENGER'S HARDWARE 2019 554 .84 101-0666-435.42-22 11/O1/2014 TRIMMER PARTS,HARDWARE 11/2014 101.25 101-0666-435.42-25 11/O1/2014 LAWN MOWER 11/2014 368.99 101-0666-435.42-25 11/O1/2014 DRILL,TAPS 11/2014 40.05 101-0550-425.42-21 11/O1/2014 PROPANE,PARAFIN 11/2014 18.46 270-0771-455.42-22 11/O1/2014 GLASS FOR LIGHT 11/2014 26.09 11/06/2014 166046 BOYER TRUCKS INC 2035 946.50 101-0000-144.00-00 10/20/2014 PARTS 11/2014 946.50 11/06/2014 166047 BELLBOY CORPORATION 2051 7,166.16 609-0000-180.00-00 10/30/2014 OCT-LIQUOR 11/2014 5,794.41 609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 280.93 609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 68.85 609-9100-415.42-21 10/30/2014 OCT-BAGS 11/2014 1,021.97 11/06/2014 166048 SERNICK'S BEVERAGES 2207 1,446.39 609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 1,300.00 PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 7 PROGRAM: GM350L CITY OF FRIpLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 59.19 609-0000-158.00-00 10/30/2014 OCT-MISC 11/2014 89.20 11/06/2014 166049 BUILDING CONSULTING GROUP,INC 2223 410.00 405-0005-415.43-30 10/29/2014 DESIGN SPEC FOR RAMP 883144 11/2014 410.00 11/06/2014 166050 BANK BEER CO 2237 197.00 609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 197.00 11/06/2014 166051 CRYSTEEL DISTRIBUTION INC 3004 1,030.00 101-0000-144.00-00 10/30/2014 FORCE ELECTRIC #777, 736 F35633 11/2014 1,030.00 11/06/2014 166052 COCA COLA BOTTLING 3030 805.40 609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 645.24 609-0000-158.00-00 10/30/2014 OCT-MISC 11/2014 160.16 11/06/2014 166053 CAPITOL BEVERAGE SALES 3097 31,522.52 609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 28,000.00 609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 81.51 609-0000-157.00-00 10/30/2014 OCT-BEER 11/2014 3,400.00 609-0000-158.00-00 10/30/2014 OCT-MISC 11/2014 41.01 11/06/2014 166054 CITY OF COON RAPIDS 3122 227.74 N 270-0771-455.43-38 10/07/2014 WATER SERVICE 3760303 11/2014 227.74 W 11/06/2014 166055 CUB FOODS INC 3127 26.69 270-0771-455.42-21 11/03/2014 SUET 11/2014 26.69 11/06/2014 166056 ROBERT CLAUSON 3153 2,392.00 101-0880-465.43-40 11/03/2014 INSPECTIONS 11/2014 2,392.00 11/06/2014 166057 COMCAST CABLE 3157 314.71 225-0000-415.43-40 10/23/2014 CABLE SERVICE 772106210044545 11/2014 314.71 11/06/2014 166058 CENTRAL MN CUSTODIAL SERVICES 3198 1,040.00 101-0669-435.43-40 10/30/2014 OCT CLEANING SERVICE 1211 11/2014 1,040.00 11/06/2014 166059 CROWN TROPHY 3203 215.01 101-0440-425.42-21 10/22/2014 PLAQUE,ENGRV GUN AWARD 15044 11/2014 215.01 11/06/2014 166060 COMMUNITY HEALTH CHARITIES 3227 9.62 101-0000-219.08-00 11/07/2014 PAYROLL. SUMMARY 20141107 11/2014 9.62 11/06/2014 166061 CENTRAL ROOFING COMPANY 3292 14, 890.00 601-7500-415.43-40 10/30/2014 WTP REPAIRS 4923 11/2014 14, 890.00 11/06/2014 166062 CENTURY LINK 3295 42.00 270-0771-455.43-32 10/25/2014 PHONE SERVICE 7833923 11/2014 42.00 11/06/2014 166063 CARVELLI DRAIN SERVICE & PLUMB 3310 444.75 601-7000-415.43-40 11/02/2014 REPAIR PIPE FROM AMR 1057 11/2014 444 .75 PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 8 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 11/06/2014 166064 CHARLESTON COUNTY FAMILY COURT 3316 451.50 101-0000-219.19-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 451.50 11/06/2014 166065 CIVICPLUS 3327 9,657.00 225-0000-415.43-30 10/28/2014 WEB DESIGN CONTRACT 151616 11/2014 7,257.00 270-0771-455.43-30 10/28/2014 NATURE CENTER HEADER PKG 151616 11/2014 1,200.00 609-9100-415.43-30 10/28/2014 LIQUOR STORE HEADER PKG 151616 11/2014 1,200.00 il/06./2014 166066 CLEAR RIVER BEVERAGE 3328 400.40 609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 400.40 11/06/2014 166067 DEFORGES PLUMBING, INC 4147 2, 000.00 101-0880-465.43-40 11/OS/2014 INSPECTIONS 1468 11/2014 2, 000.00 11/06/2014 166068 E.C.M. PUBLISHERS INC 5001 32,2g 101-0223-415.43-34 10/31/2014 LEGAL NOT-ACCURACY TEST 155244 11/2014 32.28 11/06/2014 166069 EXTREME BEVERAGE 5088 505.00 609-0�000-T83:{�0�-00 10/30/2014 OCT-MISC 11/2014 505.00 11/06/2014 166070 EMERGENCY RESPONSE SOLUTIONS,L 5103 217.81 101-0550-425.42-17 11/03/2014 SCBA SUPPLIES 2835 11/2014 217.81 N A /06/2014 166071 FRIENDLY CHEVROLET,INC 6075 74.91 101-0000-144.00-00 10/31/2014 HOSE,GASKET 698402 11/2014 74.91 11/06/2014 166072 FRZDLEY FIRE RELIEF ASSOC - 6088 900.00 101-0000-219.15-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 900.00 11/06/2014 166073 FRIDLEY POLICE ASSOCIATION 6117 86.00 101-0000-219.22-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 86.00 11/06/2014 166074 TERESA FARIS 6142 90.00 227-0000-415.43-40 10/29/2014 CHORES/MORE 11/2014 90.00 11/06/2014 166075 FLEET PRIDE 6151 114 .08 101-0000-144.00-00 10/30/2014 BRAKE CHAMBER 64687211 11/2014 114.08 11/06/2014 166076 GOPHER STATE ONE-CALL INC 7013 471.25 601-7000-415.43-40 10/31/2014 OCT LOCATES 126147 11/2014 235.63 602-7000-415.43-40 10/31/2014 OCT LOCATES 126147 11/2014 235.62 11/06/2014 166077 GRAINGER 7041 36.20 101-0669-435.42-22 10/30/2014 CORD 9582154911 11/2014 36.20 11/06/2014 166078 GROTH SEWER & WATER 7146 1,700.00 101-0666-435.43-40 10/23/2014 REPLACE CURB BOXES 5879 11/2014 1,700.00 11/06/2014 166079 HYDRAULIC SPECIALTY CO 8031 5.30 609-9100-415.42-22 10/29/2014 SHAFT-CARDBOARD PACKER 09049951614 11/2014 5.30 PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 9 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00 ------------=----------------------------------------------------------------------------------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 11/06/2014 166080 HENNEPIN COUNTY INFORMATION TE 8037 700.00 101-0332-415.43-30 10/29/2014 ASSESSOR EXCHANGE ACE FEE I000051163 11/2014 700.00 11/06/2014 166081 HOHENSTEINS INC 8068 9,255.94 609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 8,735.19 609-0000-157.00-00 10/30/2014 OCT-BEER 11/2014 520.75 11/06/2014 166082 HAWKINS INC 8093 3,487.25 601-7000-415.42-22 10/21/2014 WATER CHEMICALS 3657878 11/2014 2,662 .61 601-7000-415.42-22 10/29/2014 WATER CHEMICALS 3661687 11/2014 824.64 11/06/2014 166083 MARY HANNAH 8163 174.68 101-0770-455.42-21 10/30/2014 REIMB JAMS SUPPLIES 11/2014 24.68 101-0770-455.43-40 10/30/2014 SPEAKER 11/2014 150.00 11/06/2014 166084 INSTY-PRINTS 9027 93 .60 101-0770-455.43-35 10/29/2014 PRINT RECEIPTS,SCORE CRDS 100826 11/2014 93 .60 11/06/2014 166085 INTL ASSOC OF FIRE FIGHTERS - 9074 •90.00 101-0000-219.15-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 90.00 11/06/2014 166086 INDEED BREWING COMPANY,LLC 9100 81.00 N 609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 81.00 � 11/06/2014 166087 JOBS FOUNDATION / TECH DUMP 10099 8,103.19 237-0000-415.43-40 10/11/2014 FALL RECYCLING EVENT 26337 11/2014 8, 103.19 11/06/2014 166088 KATH FUEL OIL SERVICE 11014 2,248.00 101-0000-142.00-00 10/30/2014 OIL 485076 11f2014 2,248.00 11/06/2014 166089 KAY PARK-REC CORP 11024 4,230.00 101-0666-435.42-22 10/22/2014 PICNIC TABLES,TRASH REC 168251 11/2014 4,230.00 11/06/2014 166090 MARY KUKOWSKI 11112 37.49 101-0770-455.42-21 10/30/2014 JAMS SUPPLIES 11/2014 37.49 11/06/2014 166091 LEVANDER,GILLEN & MILLER, PA 12013 11,515.70 101-0222-415.43-30 10/31/2014 OCT ATTY FEES 11/2014 10, 057.70 101-0222-415.43-30 10/31/2014 ATTY FEES JLEC CONTRACT 11/2014 1,458.00 11/06/2014 166092 LAW ENFORCEMENT LABOR SERVICES 12022 1,575.00 101-0000-219.13-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 1,575.00 11/06/2014 166093 JENNIFER LEAF 12181 45.00 101-0770-455.43-40 10/29/2014 CHORES/MORE 11/2014 45.00 11/06/2014 166094 MIDWEST TESTING 13011 430.00 601-7000-415.43-40 10/22/2014 WATER METER TESTING 3367 11/2014 430.00 11/06/2014 166095 MINNESOTA SAFETY COUNCIL INC 13041 510.00 101-0770-455.42-21 10/31/2014 DEF DRIVING SUPPLIES 32161 11/2014 510.00 PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 10 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION ZNVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 11/06/2014 166096 MINN DEPT OF PUBLIC SAFETY - D 13051 39.00 101-0550-425.42-21 10/31/2014 13 FIRE SPECIAL PLATES 11/2014 39.00 11/06/2014 166097 MINN DEPT OF PUBLIC SAFETY-ALC 13079 20.00 609-9100-415.43-31 11/O1/2014 BUYERS CARD LICENSE 4795,6528 11/2014 20.00 11/06/2014 166098 MINN CHILD SUPPORT PAYMENT CEN 13307 304.11 101-0000-219.19-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 304 .11 11/06/2014 166099 MEDIAWORKS ADVERTISING SOLUTIO 13446 500.00 609-9100-415.43-34 09/16/2014 ADVERTISING 11/2014 500.00 11/06/2014 166100 MANSFIELD OIL COMPANY 13472 8,429.57 101-0000-141.00-00 10/30/2014 FUEL 3065 11/2014 8,767.28 101-0000-141.00-00 10/30/2014 OVR PMT/CHRG CK#164816 712263 11/2014 337.71- 11/06/2014 166101 METRO BLOOMS 13474 3,259.00 603-7000-415.43-40 11/04/2014 WRKSHOP/DESIGN CONSULT 11/2014 3,259.00 11/06/2014 166102 MILLNER HERITAGE 13475 126.80 609-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 124 .80 609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 2.00 N C� /06/2014 166103 M.T.S. SEATING 13476 6,365.02 101-0770-455.42-21 10/29/2014 CHAIRS FOR FFC 48127300 11/2014 6,365.02 11/06/2014 166104 NEWQUIST & HERRICK LAW OFFICES 14002 25,224 .08 101-0222-415.43-30 10/29/2014 NOV PROS ATTY FEES 11/2014 25,224.08 11/06/2014 166105 NEEDHAM DISTRIBUTING CO,INC 14116 567.10 609-0000-182.00-00 10/30/2014 OCT-BEER 227230 11/2014 567.10 1T/06/2014 166106 NAGELL APPRAISAL & CONSULTING, 14168 2,000.00 101-0332-415.43-30 11/04/2014 APPRAISAL REPORT 21843 11/2014 2,000.00 11/06/2014 166107 OPEN YOUR AEART 15011 25.00 101-0000-219.08-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 25.00 11/06/2014 166108 ON SITE SANITATION 15035 535.50 101-0666-435.43-41 10/21/2014 PORTABLE RESTROOMS 11/2014 535.50 11/06/2014 166109 PEPSI COLA BOTTLING CO 16007 268.30 609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 268.30 11/06/2014 166110 HUNTER HAMILTON 16029 774.38 601-6000-415:43-40 10/30/2014 UB TEMP EMPLOYEE 102962437 11/2014 774 .38 11/06/2014 166111 PAUSTIS & SONS 16034 2,397.21 609-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 2,240.71 PREPARED 11/06/2014, 15:46:13 . A/P CHECKS BY PERIOD AND YEAR PAGE 11 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 35.75 609-9200-415.43-51 10/30/2014 OCT-FREIGAT 11/2014 3.75 609-0000-156.00-00 10/30/2014 OCT-WINE 11/2014 117.00 11/06/2014 166112 PRINT CENTRAL 16067 101_69 101-0881-465.43-35 10/28/2014 TOD MTG OPEN HOUSE 107076 11/2014 101.69 11/06/2014 166113 PACE ANALYTICAL SERVICE INC 16135 1, 692.00 603-7500-415_43-40 09/30/2014 SEDIMENT SAMPLES 14100077974 11/2014 1,692.00 11/06/2014 166114 PENN CONTRACTING 16174 9, 181.70 602-7500-415.43-40 10/31/2014 SEWER FORCEMAIN PROJ EST#3 11/2014 9,181.70 11/06/2014 166115 QUALITY REFRIGERATION SERVICE 17002 289.24 609-9200-415.43-40 10/30/2014 SERVICE CONTRACT/MAINT 8168 11/2014 289.24 11/06/2014 166116 REYNOLDS RAVE-WEAR 18017 64.00 270-0771-455.42-17 10/28/2014 STAFF LOGO ON SHIRTS 11/2014 64.00 11/06/2014 166117 THOMAS RODDY 18166 31.95 101-0440-425.43-37 10/31/2014 REIMB TRAINING LUNCHES 11/2014 31.95 11/06/2014 166118 ROOTSTOCK WINE COMPANY 18172 97.50 N 509-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 96.00 �1509-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 1.50 11/06/2014 166119 S & S TREE SPECIALISTS 19245 696.31 101-0666-435.43-40 10/22/2014 ROOT PRUNING 908389303 11/2014 696.31 11/06/2014 166120 STIMEY ELECTRIC 19255 5,974 .75 405-0005-415.43-40 10/28/2014 FIRE DEPT OUTSIDE LIGHTS 2437 11/2014 5,974 .75 11/06/2014 166121 STERICYCLE 19323 272 .49 101-0440-425.43-40 11/03/2014 QUARTERLY CHARGES 4005173617 11/2014 272 .49 11/06/2014 166122 STANTEC CONSULTING SERVICE, IN 19362 222.00 405-0005-415.43-30 10/29/2014 CONSULTING/ENG SERVICE 841233 11/2014 222.00 11/06/2014 166123 TOWMASTER, INC 20143 470.99 101-0000-144.00-00 10/26/2014 FENDER KIT V#573 362571 11/2014 470.99 11/06/2014 166124 UNITED WAY 21035 25.00 101-0000-219.08-00 11/07/2014 PAYROLL SUMMARY 20141107 11/2014 25.00 11/06/2014 166125 U.S. DEPARTMENT OF EDUCATION 21066 218.76 101-0000-219.20-00 11/07/2014 PAYROLL SUMMARY 20141107 "� 11/2014 218.76 11/06/2014 166126 VADOS BAIT/FISHER 22001 39.62 270-0771-455.42-21 10/29/2014 BAIT 11/2014 39.62 11/06/2014 166127 VINOCOPIA, INC 22023 2,962.75 609-0000-180.00-00 10/30/2014 OCT-LIQUOR 11/2014 1,956.25 PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 12 PROGRAM: GM350L CITY OF FRIDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 609-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 934.50 609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 72.00 11/06/2014 166128 VEIT CONTRACTING & CO INC 22038 438.00 101-0666-435.43-40 10/30/2014 DUMPSTER FOR TIMBERS PRKS 444666 11/2014 438.00 11/06/2014 166129 VAL-PAK OF MINNESOTA 22042 1,800.00 609-9100-415.43-34 10/30/2014 ADVERTISING 91551 11/2014 1,800.00 11/06/2014 166130 VOIGT'S BUS COMPANIES 22048 527.13 101-0770-455.43-33 10/30/2014 SR TRANSPORTATION 64571 11/2014 527.13 11/06/2014 166131 WINE COMPANY 23043 879.55 609-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 868.00 609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 11.55 11/06/2014 166132 WINE MERCHANTS 23045 1,041.60 609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 7.60 609-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 1,034.00 11/06/2014 166133 WIRTZ BEVERAGE MINNESOTA SEER, 23092 24,641.33 609-0000-182.00-00 10/30/2014 OCT-BEER 11/2014 18,700.00 609-0000-183.00-00 10/30/2014 OCT-MISC 11/2014 28.98 N 609-0000-157.00-00 10/30/2014 OCT-BEER 11/2014 5,900.00 00609-0000-158.00-00 10/30/2014 OCT-MISC 11/2014 12.35 11/06/2014 166134 XCEL ENERGY 24002 26•$� 101-0666-435.43-38 11/24/2014 UTILITIES 432654394 11/2014 26.87 11/06/2014 166135 YALE MECHANICAL INC 25003 4, 909.29 601-7000-415.43-40 10/29/2014 BOILER INSPECTION 154365 11/2014 399.63 101-0660-415.43-40 10/29/2014 SEPT MAINT 152855 11/2014 4,509.66 11/06/2014 166136 ZIEGLER INC 26006 1,560.00 101-0666-435.43-41 10/29/2014 COMPRESSOR-PRKS IRRIGATN E9292901 11/2014 1,560.00 11/06/2014 166137 Z WINES USA 26012 134.50 609-0000-181.00-00 10/30/2014 OCT-WINE 11/2014 132.00 609-9100-415.43-51 10/30/2014 OCT-FREIGHT 11/2014 2.50 11/06/2014 166138 TODD ZIMBA 26024 22•25 227-0000-415.43-40 10/31/2014 CHORES/MORE 11/2014 22.25 11/06/2014 166139 STOMMES, RONALD 99999 231.12 601-0000-245.00-00 11/03/2014 UB CR REFUND-FINALS 11265-454540 11/2014 231.12 11/06/2014 166140 JAWORSKI, TONY & SANDRA 99999 76.36 601-0000-245.00-00 11/03/2014 UB CR REFUND-FINALS 108505-466550 11/2014 76.36 11/06/2014 166141 VICKERMAN, KAMI 99999 49.10 601-0000-245.00-00 11/03/2014 UB CR REFUND-FINALS 166255-516830 11/2014 49.10 PREPARED 11/06/2014, 15:46:13 A/P CHECKS BY PERIOD AND YEAR PAGE 13 PROGRAM: GM350L CITY OF FRZDLEY FROM 10/27/2014 TO 11/07/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 11/06/2014 166142 ELIZABETH LITERSKI 2014401 25.00 101-0000-347.92-51 10/30/2014 REC REFUND 11/2014 25.00 11/06/2014 166143 AMANDA SHIKDER 2014614 25.00 101-0000-347.92-51 10/30/2014 REC REFUND 11/2014 25.00 11/06/2014 166144 LISA WILLING 2014791 25.00 101-0000-347.92-51 10/30/2014 REC REFUND 11/2014 25.00 DATE RANGE TOTAL * 473,222.65 * N � _ � CITY COUNCIL MEETING OF ���`� NOVEMBER 10, 2014 BUSINESS LfCENSE LIST Tree Trixnming Asplundh Tree Expert Co Public Safety Director 4501 103`�Ct NE, Ste 180 Public Works Director Circle Pines,MN Applicant Charles Gill Christmas Tree Sales Home Depot Planning 5650 Main Street NE Fire Marshal Applicant:Dennis A.Petersen Public Safety Director Bachman's Inc 8200 University Ave NE Applicant Richard Miervac,Buyer Menards 5351 Central Ave NE Applicant: Scott E McKenzie,GM 30 — AGENDA ITEM � cFri�ey CITY COUNCIL MEETING OF NOVEMBER 10, 2014 LICENSES Contractor T e A licant A roved B Practical S stems HVAC Drew Hill Ron Julkowski, CBO uali Trusted Commercial Roofin A1 ssa McMahon Ron Julkowski,CBO Just Us Construction&Restoration Commercial of Marcus Thomford Ron Julkowski,CBO S ecial Integrity Home Improvements Commercial or Brian Mayer Ron Julkowski, CBO S ecial Gene's Water& Sewer Excav Eric Peterson Ron Julkowski, CBO Lero Si s Inc Si Ral h Reiter Ron Julkowski, CBO Westair Inc HVAC Lisa L ch Ron Julkowski, CBO Le end Mechanical HVAC Lisa Smith Ron Julkowski,CBO 31 �� AGENDA ITEM � c;ry°` CITY COUNCIL MEETING OF NOV 10, 2014 Fridley LICENSES To: Walter T. Wysopal, City Manager Mayor and City Council From: Scott Hickok, Community Development Director Deb Biorn, Rental Property Inspections Date: November 5, 2014 Re: Annual Renewal of Licenses AGENDA ITEM CITY COUNCIL MEETING Attached is a list of 71 properties that have submitted a rental license application,paid all fees related to license renewal, and completed the rental inspections process. The Rental Property Inspections Division of Community Development recommends that the City Council approves the issuance of the rental licenses for these properties. 32 Ready for Certificate The properties listed below meet the rentai property guidelines according to Chapter 220 of the Fridley City Code Property Id Property Add�ess Units Owner 1260 1441 73rd Ave. NE 18 Bradley G. Dunham 1332 1200 Cheri Ln. NE 18 Skywood Apt/Cedar Mgmt 1333 1230 Cheri Ln. NE 18 Skywood Apt/Cedar Mgmt 1334 1260 Cheri ln. NE 18 Skywood Apt/Cedar Mgmt 1335 1290 Cheri Ln. NE 18 Skywood ApUCedar Mgmt 2025 �4851 2 1/2 St. NE 1 Doug & Ruth Bachorik 1968 1601 N Innsbruck Dr. (325) 1 Pradip Gupta 2272 1601 N Innsbruck Dr. (209) 1 Sean Keatts 1044 5800 East River Rd. 42 Georgetown Court Apartments 1045 5820 East River Rd. 42 Georgetown Court Apartments 1046 5840 East River Rd. 42 Georgetown Court Apartments 1047 5860 East River Rd. 42 Georgetown Court Apartments 1054 150 Island Park Dr. NE 12 Island Park Trail, LLC 1061 5960-80 Anna Ave. NE 34 Riverwood Rentals, LLC 1077 5950 East River Rd. 12 Guy Properties 1118 5980 2nd St. NE 4 Tenzin Tsetan 1123 6541 2nd St. NE 6 James &Jean Johnson 1135 5035 3rd St. NE 6 Milton Carlson 1168 5600-06 4th St. NE 4 Rory Bluhm 1188 390 57th PI. NE 4 Daniel O'Neil 1202 6232-34 5th St. NE 2 RESM 2106 1514 N Timberidge NE 1 Mohamed Yakout 1254 1250 72nd Ave. NE 30 Bailey Enterprises, Inc. 1263 1581-83 73rd Ave. NE 2 Gary Muske 1264 1591-93 73rd Ave. NE 2 Gary Muske 1270 370-372 74th Ave. NE 2 Jugal Agarwal 1274 181 79th Way NE 8 John Gutmanis 1275 211 79th Way NE 8 John Gutmanis 1276 231 79th Way NE 7 John Gutmanis 1298 7339-41 Able St. NE 2 7339 Able St LLC 1299 7349-51 Able St. NE 2 Mark& Stacy Lekson 1303 7417-19 Able St. NE 2 Todd Fuechtmann 1338 6551 East River Rd. 11 Otty Properties 1352 1301-03 Fireside Dr. NE 2 Gary Muske 1363 6341-43 Hwy 65 NE 10 1031 Sunrise Properties LLC 1365 6379 Hwy 65 NE 8 Julida, lLC 1371 6670-90 Lucia Ln. NE 48 Lucia Lane Apartments, LLC 1378 1532 S Timber Ridge 1 Alexander Rubakh 1465 5949 6th St. NE 1 PK Investments Properties 1531 5751 W Moore Lk Dr. NE 1 Gerry Gerochi 1540 1250-60 Mississippi St. NE 3 Gerald &AVesia Peh1 1585 5740 4th St. NE 1 TVE 5740 1598 5972 6th St. NE 1 Brad & Mary Carlson 1609 1486 73 '/Ave. NE 1 Tim Van Auken 1648 5514 Meister Rd. NE 1 William &Stacy Bauer 1656 5210 Pierce St. NE 1 ZSR Properties 1661 7340 Jackson St. NE 1 Margaret A. Brough Trust 1670 137 Talmadge Way NE 1 Arnold & Nola Gilbertson 1675 1601 N Innsbruck Dr. (388) 1 Fountain Oaks Properties 1691 1585 S Bavarian Pass 1 Yvonne& Randall Waters 1706 5540 E Bavarian Pass 1 Phyllis A. Reha 1709 1104 Hackmann Circle NE 1 Lowell Wolter 1720 7320 Lyric Ln. NE 1 Shirley NG 1742 1513 N Innsbruck Dr. 1 PK Investments Properties 1777 55�4 Lafayette St. NE 1 JYM Properties, LLC 1837 1601 N Innsbruck Dr. (208) 1 William & Stacy Bauer 33 1839 290 58th Ave. NE 1 Amy L. Snow 1898 1516 Trapp Ct. NE 1 Hilary Handahl 1940 5431 E Brenner Pass 1 Whiteridge Properties, LLC 1944 1560 60th Ave. NE 1 Alison Romstad 1957 737 Bennett Dr. NE 1 Tony&Alison Stinar 1965 1601 N Innsbruck Dr. (375) 1 John R Wasik 2121 1531 S Timber Ridge 1 Jenny & Daniel Gough 2124 5734 4th St. NE 1 Karen Capistran 2129 5787 Central Ave. NE 1 Le Nguyen GLT Prop. LLC 2134 7416 Able St. NE 1 Dennis R. Foster 2139 1601 N Innsbruck Dr. (155) 1 June Broostin 2140 136 Christenson Ct. NE 1 Amaranto Capital Partners 2200 1601 N Innsbruck Dr. (367) 1 AI Ogdie 2204 5506 W Bavarian Pass NE 1 Xiang Ding 2222 1601 N Innsbruck Dr. (276) 1 Matt Halberg Total Certificates: 71 page 2 of 2 34 � AGENDA ITEM � �"°J CITY COUNCIL MEETING OF NOVEMBER 10, 2014 Fridley ESTIMATES Astech Corporation, Inc. P.O. Box 1025 St. Cloud, MN 56302 2014 Street Rehabilitation Project No. ST2014-01 EstimateNo. 6 ........................................................................................ $ 61,031.85 Penn Contracting, Inc. 13025 Central Avenue Suite 200 Blaine, MN 55434 2013 Watermain Project No. 427 and Sewer Forcemain Project No. 433 EstimateNo. 3 ....................................................................................... $ 9,181.70 Blackstone Contractors, LLC 7775 Corcoran Trail East Corcoran, MN 55340 Oak Glen Creek Erosion Control Project No. 380 EstimateNo. 6 ....................................................................................... $ 4,736.23 35 ��► AGENDA ITEM . � �` �� CITY COUNCIL MEETING OF Fridley NOVEMBER 10 2014 To: Walter T. Wysopal, City Manager`��: From: Debra A. Skogen, City Clerk � Moranda Zimmer, City Management and Elections Intern Date: October 7,2014 Re: Public Hearing on an Ordinance Amending the Fridley City Charter, Chapter 7. T�ation and Finances, Section 7.04 Prepararion of Annual Budget and Section 7.05 Passage of Budget Introduction The Minnesota Legislature amended state law during the 2014 legislative session. The change extends the deadline for proposed levies for counties and cities from September 15 to September 30. This amendment was part of the 2014 Omnibus T�Bill,Minnesota Laws Chapter 308. The change was made at the legislature to allow cities to receive fiscal disparities information prior to certifying their preliminary levy. The state does not release fiscal disparities information until after September 15�', the same time the levies were due. By extending this deadline to September 30�, the fiscal disparities information can be provided in a timelier manner to a11ow the counties and cities to submit a more accurate levy. This later date is also consistent with the schools deadline. Back�round and Anal� In 2013 the city created a new budget planning process that now begins in June, rather than February. During the 2015 preliminary budget and levy discussions, the City Manager discussed the legislative change with the City Council. Fridley City Charter Sections 7.04-7.05 require the proposed budget and property taa� levy must be submitted to the City Co�uicil the last council meeting in August. Keeping the Charter date set for the last meeting in August does not allow the city to have all of the information needed to prepare the most effective budget. A later date in September would allow the city to have all necessary information, and provide for more flexibility when preparing the preliminaxy budget and levy. On August 25, 2014, the City Council recommended the Charter Commission review Sections 7.04 and 7.05 in light of the legislative changes made. 36 The Charter Commission reviewed the language in Sections 7.04 and 7.05 of the City Charter on September 2 and October 6, 2014. The Charter Commission agreed the language should be amended due to the legislative change. The Charter Commission has recommended an amendment by ordinance. The amendment would allow the budget to be submitted to the City council in accordance with Minnesota State Law at a regular meeting in September. The Charter may be amended by an ordinance recommended by the Charter Commission. Within one month of receiving a recommendation, the city must publish notice of a public hearing containing the text of the proposed amendment at least two weeks but not more than one month after the notice is published. The public hearing sha11 be held and the ordinance must be adopted unanimously by the City Council and published in the official newspaper. The ordinance would become effective 90 days after publication. Based on this information, a resolution was adopted on October 13, 2014, receiving the recommendation, scheduling the public hearing for Monday, November 10, 2014 and directing staff to publish the Notice of Public Hearing in the official newspaper on October 24, 2014. The public hearing notice was published in the Fridley Sun Focus on October 24, 2014, providing for the two week notice required by state law. Recommendation: Staff recommends a motion to hold the public hearing on an Ordinance Amending the Fridley City Charter, Chapter 7. T�ation and Finances, Section 7.04 Preparation of Annual Budget and Section 7.05 Passage of Budget, as shown in Attachment 1. 37 Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CI3ARTER CI3APTER 7 TAXATION AND FINANCES, SECTIONS 7.04 PREPARATION OF ANNUAL BUDGET; SECTION 7.05 PASSAGE OF BUDGET The Fridley City Council hereby finds after review, examination and recommendation of the Fridley City Charter Commission, that the Fridley City Charter Chapter 7 Taacation and Finance be hereby amended and ordains as follows: FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCE SECTION 7.04. PREPARATION OF ANNUAL BUDGET 1. The City Manager shall prepare the estimates for the annual budget which shall include any estimated deficit for the current year. The estimates of expenditures shall be submitted by each department to the City Manager. Each estimate shall be divided into three(3)major subdivisions as follows: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outlay. Salary detail shall show a list of all salaried officers and positions with salary allowance and number of persons holding each. Wages shall be broken down in sufficient detail to justify the request. Ordinary expenses shall be broken down into such detail as the City Manager shall direct. Capital Outlay shall be itemized as to items and amounts. (Ref. Ord. 625) 2. In parallel columns shall be added the amounts expended under similar headings for the two (2)preceding fiscal years, and, as far as practicable, the amounts expended and estimated for expenditure during the current year. In addition to estimates of expenditures, the City Manager shall prepare a detailed statement of revenues collected for the two (2)preceding completed fiscal years with amounts estimated to be collected for the current fiscal year, and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted to the Council a�s� in accordance with Minnesota State Law, and shall be published twice in summary in the official publication prior to November 1 S. (Ref. Ord. 625, Ord. 946) SECTION 7.05. PASSAGE OF THE BUDGET The budget shall be a principal item of business at a regular meetin ig�n September.�The Council shall hold subsequent meetings from time to time until all the estimates have been considered. The meetings shall be so conducted as to give interested citizens a reasonable amount of time in which to be heard;and an opportunity to ask questions�rior to�assa�e of the final bud�et. The budget estimates shall be read in full and the City Manager shall explain the various items thereof as fully as may be deemed necessary by the Council. T'he annual budget finally agreed upon shall set forth in such detail as may be determined by the City Council, the complete financial plan of the City for the ensuing fiscal year, and shall be signed by the majority of the Council upon being adopted. It sha11 indicate the sums to be raised and from what sources, and the sunns to be spent and for what 38 Ordinance No. Page 2 purposes, according to the plan indicated in Section 7.04.The total sum appropriated shall not exceed the total estimated revenue. The Council shall adopt the budget by resolution in accordance with State Law. The resolution shall set forth the total of the budget and the totals of the major divisions of the budget, according to the plan indicated in Section 7.04. The budget resolution as adopted shall be published in the official publication. (Ref. Ord. 625, Ord. 946) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2014. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing Notice: October 24, 2014 Public Hearing: November 10,2014 First Reading: Second Reading: Publication: 39 - AGENDA ITEM '����'' CITY COUNCIL MEETING OF � Fridley NOVEMBER 10, 2014 DATE: November 5,2014 TO: Wally Wysopal,City Manag,��:�''—" ; FROM: Scott J. Hickok, Community Development Director SUBJECT: Public Hearing -Detachment/Annexation of Property called,John Erickson Park, Osborne Road Introduction In June of this year, Fridley staff was contacted by Attorney Robert Foster, regarding his client, Immanuel Christian Center's desire to purchase the property at 315 Osborne Road. The purchase would allow them to expand their parking lot and landscaped area of their site out to the corner of University and Osborne Road. That request resulted in much discussion,reseazch and a conclusion that a detachment from the City of Fridley and annexation by the City of Spring Lake Park would be the appropriate land use response. At that same time staff began discussing the concept of detaching one other piece of property that would make more sense if it were in Spring Lake Park's land inventory, rather than Fridley's. That piece of property is called, John Erickson Park and is a small trapezoidal piece of property at the south-west corner of Spring Lake (along Osborne Road). If the Park and Recreation Commission will concur the ultimate Fridley response would come from the Fridley Council by passing a resolution consenting to the detachment. If appropriate after the Commission's discussion and recommendation, staff will have the resolution ready for the November 10, 2014 Council agenda. Spring Lake Park's City Administrator has discussed their annexation of this parcel and concur with our actions if we choose to detach, they will attach. Elements Our City Attorney and City Staff have reviewed the statutes regarding detachments and annexation. Though there are times when these actions can be controversial,but this is not one of those times. Examples where this can get sticky are when one City wants to annex, but the other does not want to detach, or when citizens have petitioned to be annexed and a Township they are in does not want that annexation.Neither is the case here. In fact, Dan Buchholtz, City Administrator for Spring Lake Park has been excellent to work with on this matter. He and his City, along with the City of Blaine just completed a similar annexation/detachment process and we have drawn on that experience to guide us in this current consideration. 40 Why Detach? Why would this detachment be something for us to consider? Simply put, the City of Fridley maintains a portion of this park land but does not realize any enjoyment of their.portion of the park as it is a relatively small piece and has almost entirely been taken back by volunteer growth. There is a very nice beach area for people who want to enjoy the lake for swimming. The Fridley portion of the lake is not recommended for swimming. In fact,there are signs warning of broken glass that encourage no swimming. Even more simply put....this piece will help make Spring Lake's Park's Park more complete and will relieve the City of Fridley of a remnant pazk parcel that does not serve to enhance the City's park inventory. Property Owners In 1970, representatives for the donors of the property asked that the land be called,John Erickson Park for a period of not less than 10 years. The City had fulfilled its obligation to do so by August of 1980. The City of Spring Lake Park intends to continue using this property as it has been as passive open park land,but they now will be under no obligation to keep the name John Erickson Park. Public Works Comments There may be merit to considering detaching from the triangular-shaped park property north of Osborne (in the north east corner of the City), as long as we are going through this process anyway? This parcel is difficult to maintain as its own small fraction of their larger park. When asked, Dan Buchholtz, was open to the idea of that detachment annexation as well and agreed that now would be the time to make that change happen. Park and Recreation Commission Recommendation Parks and Recreation Director, Jack Kirk, discussed this item with the Parks and Recreation Commission at their November 3, 2014 Commission Meeting. After a healthy discussion,the Commission unanimously recommended approval of the detachment action. The Commission did express a desire to make certain that the City of Spring Lake Park recognizes the glass issue regarding this park detachment. They did not want the City of Spring Lake Park to be surprised. Staff Recommendation Staff recommends approval of the attached resolution as presented(on legislation item, later in the agenda). Next Steps: The City of Spring Lake Park will consider a Resolution to annex these parcels at their second meeting in November. Spring Lake Park Administrator Buchholtz, will then submit both City's Resolutions to the State Board of Annexation for their approval. Their decision would happen before year end 2014. It is likely that the State Annexation Board will confer and agree upon the annexation based on the non-controversial nature and two City cooperation on the action. 41 - AGENDA ITEM '"n����" CITY COUNCIL MEETING OF �.' Fridley NOVEMBER 10, 2014 DATE: November 6,2014 TO: Wally Wysopal, City Manag%��C/ FROM: Scott J. Hickok, Community Development Director SUBJECT: RESOLUTION-Detachment/Annexation of John Erickson Park, Osborne Road Introduction That response to the Public Hearing regarding the detachment of John Erickson Park would require that the Fridley City Council pass a resolution consenting to the detachment. Staff recommends approval of the attached resolution. Recommendation Staff recommends approval of the attached resolution as presented. Next Steps: The City of Spring Lake Park will consider a Resolution to annex these parcels at their second meeting in November. Spring Lake Pazk Administrator Bucholtz, will then submit both City's Resolutions to the State Board of Annexation for their approval. Their decision would happen before year end 2014. It is likely that the State Annexation Board will confer and agree upon the annexation based on the non-controversial nature and two City cooperation on the action. 42 RESOLUTION NO.2014- JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM FRIDLEY AND ANNEXATION TO SPRING LAKE PARK OF CERTAIN LANDS PURSUANT TO MINNESOTA STATUTE 414.061 WHEREAS, certain real property (hereinafter referred to as the "Property") legally described as: See E�chibit"A" attached hereto and incorporated herein is approximately 3.4 acres in size, located within the boundaries of the City of Fridley, with a population of zero (0); and WHEREAS, the Property abuts real estate along its entire northern border that is located within the City of Spring Lake Park; and WHEREAS, The City of Fridley's Representatives have spoken with the City of Spring Lake Park and they desire to utilize the property as it has been historically, for passive park enjoyment; and WHEREAS,the City of Fridley has fulfilled its obligations to keep this land as park, and named John Erickson Park for a minimum of 10 years; and WHEREAS,the City of Fridley desires to detach and the City of Spring Lake desires to attach the land formerly known as John Erickson Park and legally described in Exhibit "A"; and WHEREAS, in the spirit of utilizing the centerline of Osborne Road as the City limit line, the City of Fridley identified two additional properties for concurrent detachment from the City of Fridley and annexation to the City of Spring Lake Park located on the southern end of Spring Lake, which the City of Spring Lake Park is willing to annex. NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Fridley and the City of Spring Lake Park jointly request that the Office of Administrative Hearings—Municipal Boundary Adjustments concurrently detach the Property from the City of Fridley and annex the same to the City of Spring Lake Park at the earliest possible date. 2. That the joint Resolution be submitted to the Office of Administrative Hearings— Municipal Boundary Adjustments for the purposes set forth herein. 3. That the City of Fridley and the City of Spring Lake Park agree that upon receipt of this Resolution,passed and adopted by each party,the Office of Administrative 43 Hearings/Municipal Boundary Adjustments, may review and comment, but shall, within thirty (30) days, order the concurrent detachment and annexation consistent with the terms of this Resolution. Adopted by affirmative vote of the City Council of the City of Fridley this l Oth day of November, 2014. APPROVED BY: Mayor ATTEST: City Clerk 44 EXHIBIT A LEGAL DESCRIPTION Plat#53912, Parcel #30 Part of the NE 1/4 of the NE 1/4 beginning at the NE corner of Section 12,then W along the N line of said section 12, 962.57 ft. to the intersection with Nly line of Lakeview Road-then SEIy along Nly line of Lakeview Road -then SEIy along Nly line of Lakeview Road a distance of 670.25 feet, then Ely and continuing along the Nly line of Lakeview Road 335.6 feet to E line of section 12, then N along the E line of said section 12, 211.95 ft. to point of beginning -except tract to Hidden#100 - Subject to right of way of St. Paul Waterworks - Section 12-30-24 Generally described as: Part of that area north of Osborne Road, South of the lake,west of Stinson Blvd 45 EXHIBIT B MAP OF CONCURRENT DETACHMENT/ANNEXATION -- ' --- � �.�_l�_l_.J__LL_�l_1�..�''_ , =.-" LAKFVIEWLNNE ``w;� � ,.---'"'� ��` LAKESIQE � �.__�- � � � -�-�� �...-.�"-�`�r�-'-�`'� ��� � LtQ�1S��PARK � + �-, _____r-+�__ � -��-� ��__ - _.�---�"- � i i» �, � .r---"""'_- �� :����`�°�p i�g-�:;a�e`�';ark . �-�� a .__��L_-�.._.., Tr1T i I7T I 1�� .--- <�L� �-f;'%: --� `� 'y , ------SPRJNG � — ---__� ,,•'s�.,,� ._ � --- . , . LAKE _._...._ ���� ���� -� J ' .. . -- � To be Annexed to Spring Lake T � -T i� �'� � � � ; � ___� _ . -, � -- ____ __ _ __ _ � � _��_ � r-r-r-- � � . � �: , �--� ��, {� , n�, __ =_ _ � _, " '--( � :!-=�='-==...`o`. _ �os���rve R�n�e.� � _ - _ _ __ , � _ ._. � , ' � , -� _����� ._� �__1_ �_� �----;� �--.�`�:�.._.._._. . �� , � � _ � � � � � �-���- � � � _ , � �;-�,������'� � �� ,, , � -� - l I 1- � � ` l._.a— �T- ~,---� � � ' z-�--- _ _��� ; ` � � --- � } 1 0 - � � '--�w � � � 4`�. . /l �e.' i �,'�; ._._. '�'.��� . . . F ��t .. �i .?r���' ..3.1'�.' . �....... f+, : ��. f � ? I � t � a_ �a--+—� rs'rri-r�ve_. . � _—��.�, --•-- - � m �a_ � � w � � �� �� -- � Z — --�_ ��_ �L�� t ; i � ' -� C'--!_ _�4� ��o;— {- - � - c �aT�n�rc uK i0. lj ��i > 46 _ AGENDA ITEM �et^�rr CITY COUNCIL MEETING OF Fridiey November 10, 2014 To: Mayor and City Council From: Walter T. Wysopal, City Manager`G�� Date: November 6, 2014 Re: Resolution Receiving the Proposal for Organized Residential Solid Waste Collection by Districts and setting an Informational Open House, and setting a Public Hearing and ordering publication for Organized Refuse Collection by District. Introduction Representatives of the City and of the five licensed residential refuse haulers will have concluded negotiations for organized residential refuse collection by district in the City of Fridley on the morning of November 10. At the conclusion of this final meeting the haulers and City will release the proposal to the Council and public. This proposal represents the best efforts of the haulers and the City. As we follow the process prescribed by state law, a public hearing must be set for purposes of gathering public comment on the proposal prior to formal Council action. No action will be taken to accept or reject the proposal until after a public hearing is conducted(December 8, 2014). The Council may take action the night of the public hearing or sometime thereafter. This memo is intended only to transmit the due process procedures required by law. It does not provide an analysis of the merits of the proposal. Such analysis will be presented to Council at the November 10 workshop followed by an informational open house for the public on November 20 and a public hearing on December 8. Back�round and Anal� On December 2, 2013, acting on a recommendation from the Environmental Quality and Energy Commission the Fridley City Council initiated the process specified under State Statute M.S. 115A.94 for considering organized collection of residential solid waste. A total of 24 negotiations sessions were conducted. All five refuse haulers attended 100%of the meetings. The haulers represented the interests of their business and City officials represented the interests of the City. The negotiations were conducted according to the open Meeting Law and the Organized Hauling Statutes. Consequently, the meetings were private and not open to the public as the haulers were discussing issues that could be considered trade secret. The fruits of the negotiations were also private until released after the final negotiation session set for the morning of November 10. 47 The negotiations were conducted in good faith and terms of fair play equal representation guided the interests of all the parties. The tone at the meetings was positive despite addressing difficult issues. And, behaviors always lead to productive outcomes. The negotiations took 11 months because we desired to include the perspectives of five separate businesses. The Statute requires a negotiation period of 60 days and is seen as a minimum. But,the haulers and the City were more focused on desirable outcomes than an expeditious process. This overriding approach to the process served both sides well. As a result,there were no stoppages, delays or impasses to the process. There are no hold-out issues to the proposal that would need to be revisited. Both parties have agreed in principle to abide by the terms of the agreement should it be adopted by the City Council without renegotiation. In other words, the proposal is acceptable to both negotiations parties and the parties do not anticipate the need to return to the negotiation table. As such, both the City negotiations team and the haulers agree the proposal is ready for public consumption and debate and final disposition by the City Council. The Council is therefore considering the following: • Receive the proposal for organized residential refuse hauling by district in the City of Fridley(To be provided on November 10) • Set an informational open house for Thursday November 20 at the Municipal Center beginning at 6:00 PM • Set the Public Hearing for consideration of the proposal for Monday December 8, 2014 • Authorize publication of the Public Hearing in the official newspaper for November 20, 2014. Recommendation It is recommended the City Council adopt the attached Resolution setting the Public hearing for considering Organized Residential Refuse Collection by District for Monday December 8, 2014 and direct publication in the City's Official Newspaper on November 21, 2014, and directing an informational meeting for November 20�'. 48 RESOLUTION NO. 2014 - A RESOLUTION RECEIVING A PROPOSAL FOR ORGA1vIZED RESIDENTIAL REFUSE COLLECTION BY DISTRICTS AND SETTING INFORMATIONAL MEETING FOR NOVEMBER 20,2014 AND A PUBLIC HEARING FOR DECEMBER 8, 2014 AND DIRECTING PUBLICATION OF HEARING NOTICE WHEREAS State Statute M.S. 115A.94 provides a process for cities to consider transferring from an open refuse collection system to one which is organized; and WHEREAS, on December 2, 2013, acting on a recommendation from the Environmental Quality and Energy Commission the Fridley City Council initiated the State proscribed process; and WHEREAS,the City of Fridley was represented at the negotiations by its management staff and the refuse companies represented their individual business interests which included Ace Solid Waste, Inc.; LePage & Sons; Republic Services; Walters Recycling and Refuse; and Waste Management WI/MN; met and negotiated the terms and conditions of a proposed organized collection system for the City of Fridley; and WHEREAS,the five refuse companies and the City representatives met on 24 separate occasions over a period of 11 months to negotiate the terms and conditions of a proposal. WHEREAS, on November 10, 2014 the refuse companies and the City representatives reached agreement on the terms of a final proposal; and NOW, THEREFORE BE IT RESOLVE, that the Fridley City Council hereby receives the proposal for organized residential refuse collection by districts for the City of Fridley to review and analyze and consider for approval. BE IT FURTHER RESOLVED that the Fridley City Council hereby schedules a public hearing , on the proposal for December 8, 2014 and directs the city clerk to publish the notice of public ' hearing and text of the amendment in the City's official publication at least two weeks prior to public hearing. BE IT FURTHER RESOLVED that the Fridley City Council hereby schedules a public informational meeting for Thursday November 20,2014 so the public may become familiar with the proposal. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOTH DAY OF NOVEMBER 2014. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk 49 � AGENDA ITEM `�,�� CITY COUNCIL MEETING OF NOVEMBER 10, 2014 TO: Walter T. Wysopal, City Manager PW14-053 FROM: James P. Kosluchar, Public Works Director DATE: November 7, 2014 SUBJECT: Development Contract with Northern Stacks I LLC for Northern Stacks This item is related to the construction of public improvements associated with the Northern Stacks development. As part of the development of the property and platting of parcels internal to the development,the developer is required to provide utilities and access within newly established provide public right-of-way of Northern Stacks Court. This includes construction of public improvements including asphalt roadway, curb and gutter, signage and striping, storm sewer, water main, and sanitary sewer main to be turned over to the City of Fridley for future maintenance. The filing of the plat for Northern Stacks is contingent upon approval of this Development Contract. This contract has been approved by City staff and the City Attorney. The contract stipulates the requirements for construction, warranty of improvements, The developer has constructed a good portion of the public improvements already in full accordance with this agreement at the developer's own risk in order to accommodate his accelerated timeframe for development completion. Staff has been monitoring the construction appropriately during this work. The development contract includes reference to agreements associated with stormwater maintenance for Lots 1 and 2, and an environmental indemnification agreement, also approved by City staff and the City Attorney. Staff requests that the City Council adopt the attached resolution which was prepared by the City Attorney. JPK/jpk Attachments 50 CITY OF FRIDLEY ANOKA COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING,AUTHORIZING EXECUTION AND RECORDING OF THE DEVELOPMENT CONTRACT,TWO STORM WATER MAINTENANCE AGREEMENTS AND AN ENVIRONMENTAL INDEMNIFICATION AGREEMENT RELATING TO THE IMPROVEMENT OF REAL PROPERTY LOCATED AT 4880 EAST RIVER ROAD IN FRIDLEY,MINNESOTA WHEREAS, Fridley Land LLC owns real property located at 4880 East River Road, Fridley,Minnesota, described on the attached Exhibit A (Real Property); WHEREAS, the Real Property is identified as tax parcels 27-30-24-13-0002 and 27-30- 24-42-0002; WHEREAS, Fridley Land LLC will be conveying Lot 1, Block 1, Northern Stacks to Northern Stacks I LLC upon the platting of the Real Property; WHEREAS, Fridley Land LLC, Northern Stacks I LLC and the City desire to record various documents against the Real Property to address and memorialize the parties' agreements identified below as it relates to the development and improvement of the Real Property: NOW,THEREFORE,BE IT RESOLVED by the City Council of the City ofFridley: 1. The City Council hereby approves and authorizes the Mayor and City Manager to execute the Development Contract, two Storm Water Maintenance Agreements, and an Environmental Indemnification Agreement for the Real Property, legally described in Exhibit A identified as Tax Parcel No. 27-30-24-13-0002 and 27-30-24-42-0002; and 2. The City Council hereby approves the recording of the Development Contract, Storm Water Maintenance Agreements and Environmental Indemnification Agreement against the Real Property, legally described in Exhibit A and identified as Tax Parcel No. 27-30-24-13-0002 and 27-30-24-42-0002. 3. The City Council authorizes City staff to record the Development Contract, Storm Water Maintenance Agreements, and Environmental Indemnification Agreement against the Real Property legally described in Exhibit A and identified as Tax Parcel No. 27-30-24-13-0002 and 27-30-24-42-0002. 51 Passed and adopted by the City Council of the City of Fridley this 10�'day of November, 2014. Scott Lund,Mayor ATTEST: Debra Skogen, City Clerk 52 INDEX TO CITY OF FRIDLEY DEVELOPMENT CONTRACT RECITALS ARTICLE 1 -DEFINITIONS 1.1 Terms 1.2 City 1.3 Developer 1.4 Owner 1.5 Plat 1.6 Development Plans 1.7 Development Contract 1.8 Council 1.9 PWD 1.10 Director of PWD 1.11 County 1.12 Other Regulatory Agencies 1.13 Utility Companies 1.14 Prior Easement Holders 1.15 Developer Improvements 1.16 City improvements 1.17 Developer Public Improvements 1.18 Developer Default 1.19 Force Majeure 2 55 1.20 Developer and Owner Warranties A. Authority B. No Default C. Present Compliance With Laws D. Continuing Complianc�With Laws E. No Litigation F. Full Disclosure G. Plat Compliance H. Warranty On Proper Work And Materials I. Obtaining Permits J. Fee Title 1.21 City Warranties A. Organization and Authority 1.22 Formal Notice 1.23 Escrow 1.24 Engineering Escrow ARTICLE 2-PLAT APPROVAL 2.1 Plat Approval 2.2 Plat Density 2.3 Recording of Plat 3 56 ARTICLE 3-CITY IMPROVEMENTS 3.1 City Improvements ARTICLE 4-DEVELOPMENT IMPROVEMENTS 4.1 Developer Improvements 4.2 Ground Material 4.3 Grading-Drainage Plan And Easements 4.4 Public Rights-of-Way and Easement Maintenance,Access and Repair 4.5 Occupancy 4.6 Driveways And Parking Lots 4.7 Vegetation 4.8 Landscaping 4.9 Erosion Control ARTICLE 5-PARK DEDICATION AND CONTRIBUTION REQUIItEMENTS 5.1 Park Dedication And Contribution ARTICLE 6-OTHER PERNIITS 6.1 Permits ARTICLE 7-OTI�R DEVELOPMENT REQUIREMENTS 7.1 Miscellaneous Requirements ARTICLE 8-DEVELOPER PUBLIC IMPROVEMENTS 8.1 Approval of Contractors and Engineer 8.2 Construction 8.3 Inspection 8.4 Faithful Performance of Construction Contracts 4 57 8.5 City Acceptance 8.6 Engineering Submittals Required ARTICLE 9-RESPONSIBILITY FOR COSTS 9.1 Developer Improvement Costs 9.2 Enforcement Costs 9.3 Time of Payment ARTICLE 10-DEVELOPMENT WARRANTIES 10.1 Statement of Developer and Owner Warranties ARTICLE 11 -CITY WARRANTIES 11.1 Statement of City Wananties ARTICLE 12-INDEMNIFICATION OF CITY 12.1 Indemnification of City ARTICLE 13-CITY REMEDIES UPON DEVELOPER DEFAULT 13.1 City Remedies 13.2 No Additional Waiver Implied By One Waiver 13.3 No Remedy Exclusive 13.4 Emergency ARTICLE 14-ESCROW DEPOSIT 14.1 Escrow Requirement 14.2 Escrow Release And Escrow Increase; Developer Improvements ARTICLE 15-MISCELLANEOUS 15.1 City's Duties 15.2 No Third Party Recourse 5 58 15.3 Validity 15.4 Federal Agencies 15.5 Recording 15.6 Binding Agreement 15.7 Contract Assignment 15.8 Amendment And Waiver 15.9 Governing Law 15.10 Counterparts 15.11 Headings 15.12 Inconsistency 15.13 Access ARTICLE 16-TERM 16.1 Term EXHIBIT A- Legal Description Of Plat EXHIBIT B- List of Development Plans EXHIBIT C- Developer Improvements EXHIBIT D - City Improvements EXHIBIT E- Miscellaneous Requirements And Conditions Imposed By The City EXHIBIT F- Escrow Calculation 6 59 CITY OF FRIDLEY DEVELOPMENT CONTRACT FOR NORTHERN STACKS, PHASE I THIS AGREEMENT, made and entered into on the_day of , 20_, by and among the CTTY OF FRIDLEY, a municipality of the State of Minnesota, (hereinafter called the CITY),and the OWNER and DEVELOPER identified herein. RECITALS: WHEREAS,the DEVELOPER has applied to the CITY for approval of the PLAT; WHEREAS, the DEVELOPER has applied to the CTTY for approval of the DEVELOPMENT PLANS associated with the PLAT; WHEREAS, in conjunction with the granting of these approvals, the CITY requires the installation of roadway inclucting asphalt paving, concrete curb and gutter, striping, signage, and appurtenances, traffic signals, trail connections, water main, sanitary sewer main, storm sewer, storm water management systems, and landscaping; WHEREAS,under authority granted to it, including Minnesota Statutes Chapters 412, 429, and 462, the COUNCII. has agreed to approve the PLAT and DEVELOPMENT PLANS on the following conditions: 1. That the DEVELOPER enter into this DEVELOPMENT CONTRACT, which contract defines the work which the DEVELOPER undertakes to complete;and 2. The DEVELOPER shall provide an ESCROW in an amount and with conditions satisfactory to the CITY, providing for the actual construction and installation of such improvements within the period specified by the CITY. WHEREAS,the DEVELOPER has filed three (3) complete sets of the DEVELOPMENT PLANS with the CITY; WHEREAS,the DEVELOPMENT PLANS have been prepared by a professional engineer licensed in the State of Minnesota and have been submitted to and approved by the DIRECTOR OF PWD. NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT CONTRACT and in reliance upon the representations, warranties and covenants of the parties herein contained,the CITY,OWNER and DEVELOPER agree as follows: 7 60 ARTICLE 1 DEFINITIONS 1.1 TERMS. The following terms, unless elsewhere defined specifically in the DEVELOPMENT CONTRACT, shall have the following meanings as set forth below. 1.2 CITY. "CITY"means the City of Fridley,a Minnesota municipal corporation. 1.3 DEVELOPER. "DEVELOPER"means Northern Stacks I LLC and its successors and assigns. 1.4 OWNER. "OWNER" means individually and collectively Northern Stacks I LLC for purposes of Lot 1 of the PLAT and Fridley Land LLC for purposes of Lot 2 of the PLAT and their respective successors and assigns. 1.5 PLAT. "PLAT" means the portion of the approved final plat of Northern Stacks comprising a portion of the real property located in Fridley, Anoka County, Minnesota and legally described on the attached Exhibit A. 1.6 DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all those plans, drawings, specifications and surveys identified and checked on the attached Exhibit B, reviewed and approved by the CITY and hereby incorporated by reference and made a part of this DEVELOPMENT CONTRACT. 1.7 DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT" means this instant contract by and among the CITY,OWNER and DEVELOPER. 1.8 COIJNCIL. "COiJNCIL"means the Council of the City of Fridley. . 1.9 PWD. "PWD"means the Public Works Department of the City of Fridley. 1.10 DIRECTOR OF PWD. "DIRECTOR OF PWD" means the Director of the Public Works Department of the City of Fridley and his or her delegates. 1.11 COUNTY. "COLJNTY"means Anoka County, Minnesota. 1.12 OTI�R REGULATORY AGENCIES. "OTI�R REGULATORY AGENCIES" means and includes,jointly and severally,the following: a.) Minnesota Department of Transportation b.) Anoka County c.) Anoka County Highway Department d.) Minnesota Department of Health 8 61 e.) Minnesota Pollution Control Agency f.) State of Minnesota g.) Minnesota Department of Natural Resources h.) Army Corps of Engineers i.) Metropolitan Council j.) Watershed District(s); k.) Watershed Management Organization 1.) Environmental Protection Agency m.) Any other regulatory or governmental agency or entity affected by, or having jurisdiction over the DEVELOPER IMPROVEMENTS. 1.13 UTILITY COMPA1vIES. "UTILITY COMPANIES" means and includes,jointly and severally,the following: a.) utility companies, including electric, gas and cable;and b.) pipeline companies. 1.14 PRIOR EASEMENT HOLDERS. "PRIC)R EASEMENT HOLDERS"means and includes,jointly and severally, all holders of any easements or other property interests which existed prior to the grant or dedication of any public easements transferred by the PLAT or transfened pursuant to this DEVELOPMENT CONTRACT. 1.15 DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS" means and includes,jointly and severally, all the improvements identified in Article 4 and on the attached Exhibit C. 1.16 CITY IMPROVEMENTS. "CITY IlVIPROVEMENTS" means and includes, jointly and severally,all the improvements identified and checked on the attached Exhibit D. 1.17 DEVELOPER PUBLIC IMPROVEMENTS. "DEVELOPER PUBLIC IlvIl'ROVEMENTS" means and includes,jointly and severally, all the improvements identified and checked on the attached Exhibit C that are further labeled "PUBLIC". DEVELOPER PUBLIC IMPROVEMENTS are improvements to be constructed by the DEVELOPER within public rights- of-way or within public easements and which aze to be approved and later accepted by the CITY and transferred to the CITY for future operations and maintenance. DEVELOPER PUBLIC IMPROVEMENTS are pa.rt of DEVELOPER IlvIPROVEMENTS. 9 62 1.18 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes, jointly and severally,any of the following or any combination thereof: a.) failure by the DEVELOPER to timely pay the CITY any money required to be paid under the DEVELOPMENT CONTRACT; b.) failure by the DEVELOPER to timely construct the DEVELOPER IlVIl'ROVEMENTS according to the DEVELOPMENT PLANS and the CITY standards and specif cations; � c.) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d.) breach of the DEVELOPER WARRANT'IES. 1.19 FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthyuakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. 1.20 DEVELOPER AND OWNER WARRANTIES. "DEVELOPER AND OWNER WARR.ANTIES" means that the DEVELOPER and OWNER hereby warrant and represent the following: A. AUTHORITY. DEVELOPER and OWNER have the right, power, legal capacity and authority to enter into and perform their obligations under this DEVELOPMENT CONTRACT, and no approvals or consents of any persons are necessary in connection with the authority of DEVELOPER and OWNER to enter into and perform their obligations under this DEVELOPMENT CONTRACT. B. NO DEFAULT. DEVELOPER and OWNER are not in default under any lease, contract or agreement to which it is a pariy or by which it is bound which would affect performance under this DEVELOPMENT CONTRACT. DEVELOPER and OWNER are not a parties to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT CONTRACT by DEVELOPER and OWNER or prohibit any of the transactions provided for in this DEVELOPMENT CONTRACT. C. PRESENT COMPLIANCE WITH LAWS. DEVELOPER and OWNER have complied with and is not in violation of applicable federal, state or local statutes, laws, and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER 10 63 IMPROVEMENTS; and DEVELOPER and OWNER are not aware of any pending or threatened claim of any such violation. D. CONTINUING COMPLIANCE WITH LAWS. DEVELOPER and OWNER will comply with all applicable statutes, laws, codes, rules and regulations of all federal, state and local agencies including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER IIvIPROVEMENTS. E. NO LITIGATION. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting DEVELOPER or the PLAT or the DEVELOPMENT PLANS or the DEVELOPER IIv1PROVEMENTS. DEVELOPER and OWNER are not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court,deparhnent, agency or instrumentality. F. FULL DISCLOSURE. None of the representatives and warranties made by DEVELOPER or OWNER or made in any exhibit hereto or memorandum or writing furnished or to be furnished by DEVELOPER or OWNER or on their behalf contains or will contain any untrue statement of material fact or omit any material fact the omission of which would be misleading. G. PLAT COMPLIANCE. To the best of DEVELOPER's and OWNER's knowledge, the PLAT and the DEVELOPMENT PLANS shall comply with all CITY, COUNTY,metropolitan, state and federal laws and regulations, including but not limited to subdivision ordinances, zoning ordinances and environmental regulations. H. WA�tRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER warrants all concrete DEVELOPER IMPROVEMENTS required to be performed by it under this DEVELOPMENT CONTRACT against defective material and faulty workmanship for a period of two (2) years and all other DEVELOP�R IMPROVEMENTS required to be performed by it under this DEVELOPMENT CONTRACT against defective material and faulty workmanship for a period of one (1) year after its completion and acceptance by the CITY. During the warranty period, the DEVELOPER shall be solely responsible for all costs of performing warranted repair work reyuired by the C1TY within thirty (30) days of notification. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free for one year after planting. Any replacements shall be similarly warranted for one(1) year from the time of planting. In addition,the warranty period for drainage and erosion control improvements shall be for the applicable two (2) years or one (1) year depending upon whether they are constructed of concrete or other materials after completion and acceptance by the CTTY; the warranty for the drainage and erosion control improvements shall also include the obligation of the DEVELOPER to repair and correct any warranted deficiency with respect to such improvements. 11 64 DEVELOPER will faithfully provide uninhibited access for warranty inspections to CITY through the term of all warranties. I. OBTAINING PERNIITS. The DEVELOPER shall obtain in a timely manner and pay for all reyuired permits, licenses and approvals, and shall meet, in a timely manner, all reyuirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the DEVELOPER IlVIPROVEMENTS may be lawfully constructed. J. FEE TITLE. Upon the filing of the PLAT, the OWNER owns fee title to the property made the subject of the PLAT. The OWNER is solely responsible for all costs associated with any acyuisition, transfer, defense and maintenance of title to the property. 1.21 CITY WARRANTIES. "CITY WARRANTIES" means that the CITY hereby warrants and represents as follows: A. ORGA1vIZATION. CITY is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Mirmesota. B. AUTHORITY. CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT. 1.22 FORMAL NOTICE. "FORMAL NOTICE" means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid,addressed as follows: IftoCITY: City of Fridley Attenti on: Di rector of Publ i c Works 6431 U ni versi ty Avenue, N.E. Fridley, MN 55432 If to OWNER: Northern Stacks I LLC 1350 Lagoon Avenue South#920 Minneapolis MN 55408 Fridley Land LLC 1350 Lagoon Avenue South#920 Minneapolis,MN 55408 If to DEVELOPER: Northern Stacks I LLC 1350 Lagoon Avenue South#920 Minneapolis,MN 55408 12 65 or to such other address as the party addressed shall have previously designated by notice given in �accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing,be deemed given if and when actually received by a party. 1.23 ESCROW. "ESCROW"means the following forms of security that are intended to permit the CITY to complete the DEVELOPER PUBLIC IlvIPROVEMENTS in the event that DEVELOPER is unable to complete them: A. Cash Deposit; B. Letter of Credit; C. Setaside Letter;or D. Any other form of security approved by the CITY. 1.24 ENGINEERING ESCROW. "ENGINEERING ESCROW" means the ESCROW component to pay the CITY for engineering inspection fees at the CITY's standard rates charged for such tasks. ARTICLE 2 PLAT APPROVAL 2.1. PLAT APPROVAL. Subject to the terms and conditions of this DEVELOPMENT CONTRACT, the recitals above, and all other applicable City Code provisions, including Chapter 211 of the City Code, the CITY hereby approves the recording of the PLAT. The DEVELOPMENT PLANS are hereby approved by the CTTY. 2.2 PLAT DENSTTY. N!A 2.3 RECORDING OF PLAT. The DEVELOPER shall record the PLAT and this DEVELOPMENT CONTRACT with the COUNTY Recorder within ten(10) days from the date of this DEVELOPMENT CONTRACT. No building permits shall be issued unless the DEVELOPER shows evidence to the CITY that the PLAT and this DEVELOPMENT CONTRACT have been recorded with the COiJNTY Recorder. ARTICLE 3 CITY IMPROVEMENTS 3.1 CIT'Y IMPROVEMENTS. The CITY is not responsible for the construction of any CIT'Y IlVIPROVEMENTS. ARTICLE 4 DEVELOPER IlVIPROVEMENTS 4.1 DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own cost, the DEVELOPER IMPROVEMENTS in accord with the DEVELOPMENT PLANS. The DEVELOPER is responsible to provide all equipment, labor, materials, and work needed to 13 66 complete the DEVELOPER IlVIPROVEMENTS, including project management, administration, design, construction, inspection, and closeout activities to the satisfaction of the CITY. The DEVELOPER IIvII'ROVEMENTS shall be completed by the dates shown on E�ibit C, except as completion dates are extended by subsequent written action of the DIRECTOR OF PWD. Failure of the CITY to promptly take action to enforce this DEVELOPMENT CONTRACT after expiration of time by which the DEVELOPER IIvIPROVEMENTS are to be completed shall not waive or release any rights of the CTTY; the CITY may take action at any time thereafter, and the terms of this contract shall be deemed to be automatically extended until such time as the DEVELOPER IMPROVEMENTS are completed to the CITY's satisfaction. 4:2 GROUND MATERIAL. The DEVELOPER shall insure that adequate and suitable ground material shall exist in the areas of DEVELOPER IMPROVEMENTS and shall guarantee the removal, replacement or repair of substandard or unstable material. The cost of removal, replacement or repair is the responsibility ofthe DEVELOPER. 4.3 GRADING/DRAINAGE PLAN AND EASEMENTS. The DEVELOPER shall construct drainage facilities adequate to serve the PLAT in accord with the DEVELOPMENT PLANS. T'he OWNER and DEVELOPER agree to grant to the CITY all necessary easements for the preservation of the drainage system, for drainage basins, and for utility service. All such easements required by the CITY shall be on the PLAT or in writing, in recordable form, and on the standard easement form of the CITY, and on such other terms and conditions as the CITY shall determine;such easements shall be delivered to the CITY contemporaneously with execution of this DEVELOPMENT CONTRACT. The grading and drainage plan shall include building elevations, drainage swales to be sodded, storm sewer, catch basins, erosion control structures and ponding areas necessary to conform with the overall CITY storm sewer plan, CITY Surface Water Management Plan, and plans approved by the applicable watershed management organizations or districts. The grading of the site shall be completed in conformance with the DEVELOPMENT PLANS. In the event that the DEVELOPER fails to complete the grading of the site in conformance with the DEVELOPMENT PLANS by the stipulated date, the CTTY may declare the DEVELOPER in default pursuant to Article 13. 4.4 PUBLIC RIGHTS-OF-WAY AND EASEMENT MAINTENANCE. ACCESS AND REPAIIt. The DEVELOPER shall clear, on a daily basis, any soil, earth or debris from public rights-of-ways and easements within or adjacent to the PLAT resulting from the grading or building on the land within or adjacent to the PLAT by the DEVELOPER or its agents, and shall restore to the CITY's specifications any gravel base contaminated by mixing construction or excavation debris, or earth in it, and repair to the CITY's specifications any damage to right-of-way or easement improvements resulting from the use of construction equipment. Furthermore, the DEVELOPER shall maintain reasonable access to any occupied buildings within the PLAT, including necessary street maintenance such as grading, graveling, patching and snow removal,prior to the installation and acceptance of permanent street surfacing. 4.5 OCCUPANCY. No occupancy of any building in the PLAT shall occur until the public water, drainage, and sanitary sewer improvements have been installed and the parking areas for said building within the PLAT have been adequately graded and the gravel sub-base and base 14 67 course of bituminous for the parking areas for said building have been constructed for said building within the PLAT and such improvements have been inspected and approved by the CTTY and are determined by the CITY to be available for use. 4.6 DRIVEWAYS. The DEVELOPER at its expense shall construct concrete or bituminous surface driveway approach areas for the Property in accordance with CTTY approved standards. 4.7 VEGETATION. The DEVELOPER shall comply with CITY ordinances and policies related to preservation of vegetation and trees and specifically shall exercise reasonable efforts in residential areas to save mature,undiseased trees and vegetation on the subject land which do not have to be removed for the reasonable installation of buildings, streets, sidewalks, utilities or drainage improvements, construction activities related thereto, or site grading. Prior to any excavation, the DEVELOPER shall mark the trees to be saved with a red band, and protect such trees by snow fences or other suitable enclosures. All diseased trees shall be removed according to CITY requirements. 4.8 LANDSCAPING. Site landscaping shall be in accordance with the DEVELOPMENT PLANS. 4.9 EROSION CONTROL. The DEVELOPER shall provide and follow a plan for erosion control and pond maintenance in accord with the Best Management Practices (BMP) as delineated in the Minnesota Stormwater Manual (Minnesota Pollution Control Agency). Such plan shall be detailed on the DEVELOPMENT PLANS and shall be subject to approval of the DIRECTOR OF PWD. The DEVELOPER shall install and maintain such erosion control structures as appear necessary under the DEVELOPMENT PLANS or become necessary subsequent thereto. The DEVELOPER shall be responsible for all damage caused as the result of gading and excavation within the PLAT including,but not limited to,restoration of existing control structures and clean-up of public right-of-way, until all lots are final graded and improvements are completed. As a portion of the erosion control plan, the DEVELOPER shall re-seed or sod any disturbed areas in accordance with the DEVELOPMENT PLANS. The CITY reserves the right to perform any necessary erosion control or restoration as reyuired, if these requirements are not complied with after FORMAL NOTICE by the CITY as stated in Article 14, or by notice in accordance with its ordinances. The DEVELOPER shall be financially responsible for payment for this extra work. 4.10 OWNER CONSENT. OWNER consents to, agrees to and approves of the following: A. DEVELOPER's entry upon the PLAT for construction and completion of the DEVELOPER IlVIPROVEMENTS AND DEVELOPER PUBLIC IMPROVEMENTS. B. DEVELOPER's construction and completion of DEVELOPER IlVIPROVEMENTS and DEVELOPER PUBLIC IMPROVEMENTS. . C. The CITY's exercise of any remedies contained in the DEVELOPMENT CONTRACT. 4.11 ACCESS. OWNER shall and agees to provide DEVELOPER with continuous and 15 68 unrestricted access to the PLAT to construct and complete DEVELOPER IMPROVEMENTS AND DEVELOPER PUBLIC IMPROVEMENT5. ARTICLE 5 PARK DEDICATION AND CONTRIBUTION REOUIKEMENTS 5.1 PARK CONTRIBUTION. The DEVELOPER shall comply with the park contribution requirements as defined in the City Code by meeting the obligation stated in Exhibit E. ARTICLE 6 O'1'�IER PERNIITS 6.1 PERNIITS. 1'he DEVELOPER shall obtain all necessary approvals, permits and licenses from the CI'I'Y, the OTHER REGULATORY AGENCIES, the UTILIT'Y COMPANIES, and the PRIOR EASEMENT HOLDERS. Major design requirements of any such entities shall be determined prior to completion and incorporated into the DEVELOPMENT PLANS. All costs incurred to obtain the approvals, permits and licenses, and also all fines or penalties levied by any agency due to the failure of the DEVELOPER to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the DEVELOPER. The DEVELOPER shall defend and hold the CITY harmless from any action initiated by the OTHER REGiJLATORY AGENCIES, the UTILITY COMPANIES and the PRIOR EASEMENT HOLDERS resulting from such failures of the DEVELOPER. ARTICLE 7 OTHER DEVELOPMENT REOUIREMENTS 7.1 NIISCELLANEOUS REQUIREMENTS. Any additional requirements to approval of the PLAT and DEVELOPMENT PLANS as specified by the COUNCIL are incorporated herein, as set forth in E�ibit E. ARTICLE 8 DEVELOPER PUBLIC IMPROVEMENTS 8.1 APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or engineer preparing plans and specifications selected by the DEVELOPER to design, construct or install any DEVELOPER PUBLIC IMPROVEMENTS must be approved in writing by the DIItECTOR OF PWD. 8.2 CONSTRUCTION. T'he construction, instaUation, materials and equipment related to DEVELOPER PUBLIC IMPROVEMENTS shall be in accord with the DEVELOPMENT PLANS. The DEVELOPER shall cause the contractors to furnish the PWD a written schedule of proposed operations, subcontractors and material suppliers,at least ten(10)days prior to commencement of construction work. The DEVELOPER shall notify the CITY in writing, coordinate and hold a pre-construction conference with all affected parties at least five (S) days prior to starting construction of any DEVELOPER PUBLIC IMPROVEMENTS. 8.3 IN5PECTION. DEVELOPER shall retain Braun Intertec to provide inspection 16 69 services. DEVELOPER shall provide the PWD with an inspection plan including personnel proposed and planned schedule of inspections. If CTI'Y disapproves of the plan, personnel, or planned schedule of inspections, DEVELOPER shall modify the same and resubmit to CITY. DEVELOPER is responsible to provide for inspections in accordance with its approved inspection plan. DEVELOPER shall ensure CTTY is regularly provided with a copy of all shop drawings, material bills of lading, inspection test results, reports, construction logs, meeting summaries, and any other documentation reyuested by the City. The CITY shall be notified of all construction progress meetings, and be provided of all construction schedules,work directives, and change orders relating to the CITY IlVIPROVEMENTS and DEVELOPER PUBLIC IMPROVEMENTS installed by the DEVELOPER. The PWD or its designated representative shall periodically inspect the work installed by the DEVELOPER, its contractors, subcontractors or agents. The DEVELOPER shall notify the PWD two(2)working days prior to the commencement of the laying of utility lines, subgrade preparation, the laying of gravel base for street construction or any other improvement work which shall be subsequently buried or covered to allow the CITY an opportunity to inspect such improvement work. Upon receipt of the notice, the City shall have a reasonable time, not to be less than one (1) working days, to inspect the improvements. Failure to notify the CTTY to allow it to inspect the work or failure to comply with any provisions of Article 8 shall result in the CITY's right pursuant to Article 15 to withhold and expend any portion of the escrow amount resulting from work being performed without the opportunity for adequate CITY inspection. 8.4 FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The DEVELOPER shall fully and faithfully comply with all terms of any and all contracts entered into by the DEVELOPER for the installation and construction of all of the DEVELOPER PUBLIC IMPROVEMENTS; and the DEVELOPER shall obtain lien waivers. Within thirty (30) days after FORMAL NOTICE, the DEVELOPER agrees to repair or replace, as directed by the CITY and at the DEVELOPER's sole cost and expense, any work or materials relating to DEVELOPER PUBLIC IlVIPROVEMENTS that within the wananty periods of Section 1.20(H)become defective in the reasonable opinion of the CTTY. 8.5 CIT'Y ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to the CITY within ten (10) days once DEVELOPER PUBLIC IMPROVEMENTS have been completed in accord with this DEVELOPMENT CONTRACT and the ordinances, CITY standards and specifications and the DEVELOPMENT PLANS. The CITY shall then inspect the DEVELOPER PUBLIC IlVIPROVEMENTS and notify the DEVELOPER of any DEVELOPER PUBLIC IMPROVEMENTS that do not so conform. Upon compliance with this DEVELOPMENT CONTRACT and CTTY ordinances, standards and specifications, and the DEVELOPMENT PLANS, the DEVELOPER PUBLIC IMPROVEMENTS shall become the property of the CITY upon FORMAL NOTICE of acceptance by the CITY. After acceptance, the DEVELOPER PUBLIC IlvIPROVEMENTS become the property of the CITY, and the DEVELOPER shall have no responsibility with respect to maintenance of the DEVELOPER PUBLIC IMPROVEMENTS except as provided in Sections 1.20(H) and 10.1 and except as provided in the Storm Water Facilities Maintenance Agreement. If the DEVELOPER PUBLIC IMPROVEMENTS do not conform, FORMAL NOTICE shall be given to the DEVELOPER of the need for repair or 17 70 replacement or,in its discretion,the CITY may proceed under Article 13. Upon DEVELOPER'S completion of DEVELOPER IlvIPROVEMENTS , CITY'S acceptance of the DEVELOPER PUBLIC IlVII'ROVEMENTS pursuant to Article 8 of the DEVELOPMENT CONTRACT, and the expiration of all warranties related to DEVELOPER IMI'ROVEMENTS set forth in this DEVELOPMENT CONTRACT,the CITY shall promptly provide DEVELOPER with a resolution releasing the PLAT from the DEVELOPMENT CONTRACT and its terms and conditions, save and except from the indemnification set forth in Article 12,which shall expire three (3) years after the CITY's acceptance of the DEVELOPER PUBLIC IMPROVEMENTS. Following the expiration of the three(3)year period,the CITY shall prepare and record a resolution releasing the PLAT from the indemnification obligation. 8.6 ENGINEERING SUBMITTALS REOITIItED. The DEVELOPER shall provide the CITY with the following: 1. One (1) copy of the detailed record plan "as built" drawings of the DEVELOPER PUBLIC IlVII'ROVEMENTS in *.tiff, *.pdf, and/or CAD format, in accord with CITY standards no later than thirty (30) days after completion and acceptance of the DEVELOPER PUBLIC IMPROVEMENTS by the CTTY, unless otherwise approved in writing by the PWD. 2. Copies of all copies of the following documents: a. approved shop drawings; b. records of all materials testing; c. bills of lading; d. final quantity tabulations,; e. affidavits of payments; f. certificates of completion; g. warranties; h. consents of sureties; i. contractor and subcontractor withholding affidavits;and j. contractor and subcontractor lien waivers. ARTICLE 9 RESPONSIBILITY FOR COSTS 9.1 DEVELOPER IlVIPROVEMENT COSTS. The DEVELOPER shall pay for the DEVELOPER IIvIPROVEMENTS, including but not limited to all engineering, auditing, appraisal, legal, surveying, advertising fees associated with the DEVELOPER IMPROVEMENTS;that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums, equipment or supplies and all just claims for the same to include engineering, audit, appraisals, legal, surveying, permits, advertising, etc.; and the CITY shall be under no obligation to pay the contractor, subcontractor, supplier, or consultant any sum whatsoever on account thereof, whether or not the CITY shall have approved the contract or subcontract. 18 71 9.2 ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs incurred in the enforcement of this DEVELOPMENT CONTRACT, including engineering and attorneys'fees. 9.3 TIME OF PAYMENT. The DEVELOPER shall pay all bills from the CITY within thirty (30) days after billing. Bills not paid within thirty (30) days shall bear interest at the rate of eighteen percent 18%per year. ARTICLE 10 DEVELOPER AND OWNER WARRANTIES 10.1 STATEMENT OF DEVELOPER AND OWNER WARRANTIES. The DEVELOPER hereby makes and states the DEVELOPER AND OWNER WARRAN'I'IES. ARTICLE 11 CITY WARRANTIES 11.1 STATEMENT OF CITY WARRANTIES. The CITY hereby makes and states the CITY WARRANTIES. ARTICLE 12 INDENINIFICATION OF CITY 12.1 INDENINIFICATION OF CITY. From and after the execution of this DEVELOPMENT CONTRACT and for a period of three years after the expiration of the DEVELOPER WARRANTIES, DEVELOPER shall indemnify, defend and hold the CITY, its COtJNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the CITY incurs of suffers,which azise out of,result from or relate to: a.) breach by the DEVELOPER of the DEVELOPER WARRANTIES; b.) failure of the DEVELOPER to timely construct the DEVELOPER IlvIPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances, standards and specifications; c.) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d.) failure by the DEVELOPER to pay contractors, subcontractors, laborers,or material suppliers; e.) failure by the DEVELOPER to pay for materials; f.) approval by the CITY of the PLAT; 19 72 g.) approval by the CITY of the DEVELOPMENT PLANS; h.) failure to obtain the necessary permits and authorizations to construct the DEVELOPER IMPROVEMENTS; i.) construction of the DEVELOPMENT IMPROVEMENTS; j.} delays in construction ofthe DEVELOPER IlVII'ROVEMENTS; k.) all costs and liabilities arising because building permits were issued prior to the completion and acceptance of the DEVELOPER IIvIPROVEMENTS; ` 1.) any claims resulting from the delay in completing construction of the City trunk utility lines. ARTICLE 13 CITY REMEDIES UPON DEVELOPER DEFAULT 13.1 CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEVELOPER DEFAULT and the DEVELOPER shall have ten (10) days to cure the DEVELOPER DEFAULT or such longer time as may be reasonable under the circumstances. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT within ten(10) days or such longer time as may be reasonable under the circumstances, then the CITY may avail itself of any remedy afforded by law and any of the following remedies: a.) the CITY may specifically enforce this DEVELOPMENT CONTRACT; b.) the CITY may suspend any work, improvement or obligation to be performed by the CITY; c.) the CITY may collect on the irrevocable letter of credit or cash deposit pursuant to Article 14 hereof in the amount reasonably determined to be necessary by the DIKECTOR OF PWD to remedy the default and to reimburse the CITY for its attorneys' fees and other administrative expenses, and provided partial and multiple drawings are permitted under the terms and conditions of the irrevocable letter of credit otherwise the CITY may collect on the entirety of the irreyocable letter of credit; d.) the CITY may suspend or deny building and occupancy permits for buildings within the PLAT; 20 73 e.) the CITY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any costs and expenses incurred by the CITY. 13.2 NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any agreement contained in this DEVELOPMENT CONTRACT is breached by the DEVELOFER and thereafter waived in writing by the CITY, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concunent, previous or subsequent breach hereunder. All waivers by the CITY must be in writing. 13.3 NO REMEDY EXCLUSIVE. No remedy herein confened upon or reserved to the CITY shall be exclusive of any other available remedy or remedies,but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT CONTRACT or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE. 13.4 EMERGENCY. Notwithstanding the reyuirement contained in Section 14.1 hereof relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEFAULT and notwithstanding the requirement contained in Section 13.1 hereof relating to giving the DEVELOPER a minimum ten (10) day period to cure the DEVELOPER DEFAULT, in the event of an emergency as determined by the DIRECTOR OF PWD, resulting from the DEVELOPER DEFAULT, the CTTY may perform the work or nnprovement to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and without giving the DEVELOPER the minimum ten (10) day period to cure the DEVELOPER DEFAIJLT. In such case, the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CTTY for any and all costs incurred by the CITY. ARTICLE 14 ESCROW DEPOSIT 14.1 ESCROW REQUIItEMENT. Prior to release of the PLAT for recording, the DEVELOPER shall deposit with the CITl' an ESCROW to the CITY far the amount stated in Exhibit F. All cost esrimates shall be acceptable to the DIRECTOR OF PWD. The total ESCROW amount was calculated as shown on the attached Exhibit F. The bank and form of the ESCROW shall be subject to approval by the CITY Finance Director and CITY Attorney and shall continue to be in full force and effect until released by the CTTY. If utilized as ESCROW,the irrevocable letter of credit shall be for a term ending December 31, 2017. In the alternative, a letter of credit may be for a three year term provided it is automatically renewable for successive one year periods from the 21 74 present or any future expiration dates with a final expiration date of December 31, 2017, and further provided that any irrevocable letter of credit states that at least sixty(60)days prior to the expiration date the bank will notify the CITY if the bank elects not to renew for an additional period. Any irrevocable letter of credit shall secure compliance by the DEVELOPER with the terms of this DEVELOPMENT CONTRACT. The CITY may draw down on any irrevocable letter of credit or cash deposit, without any further notice than that provided in Section 13.1 relating to a DEVELOPER DEFAULT,for any of the following reasons: a.) a DEVELOPER DEFAULT;or b.) upon the CITY receiving notice that the irrevocable letter of credit will be allowed to lapse before December 31, 2017. The CIT'Y shall use the ESCROW proceeds to reimburse the CITY for its costs and to cause the DEVELOPER IIvIl'ROVEMENTS listed on Exhibit F to be constructed to the extent practicable; if the DIRECTOR OF PWD determines that such DEVELOPER IMPROVEMENTS listed on Exhibit F have been constructed and after retaining five percent (5%) of the proceeds for later distribution pursuant to Section 14.2, the remaining proceeds shall be distributed to the DEVELOPER. With CITY approval, ESCROW may be reduced pursuant to Section 14.2 from time to time as financial obligations are paid. 14.2 ESCROW RELEASE. Periodically, upon the DEVELOPER's written request and upon completion by the DEVELOFER and acceptance by the CITY of any specific DEVELOPER IIVIPROVEMENTS, ninety-five percent (95%) of that portion of the ESCROW covering those specific completed improvements only shall be released. The final five percent(5%} of that portion of the ESCROW, for those specific completed improvements shall be held until acceptance by the CITY and expiration of the warranty period under Section 1.20 hereof; in the alternative, the DEVELOPER may post a bond satisfactory to the CTTY with respect to the final five percent(5%). ARTICLE 15 MISCELLANEOUS 15.1 CIT'Y'S DUTIES. The terms of this DEVELOPMENT CONTRACT shall not be considered an affirmative duty upon the CTTY to complete any DEVELOPMENT IMPROVEMENTS. 15.2 NO THIIZD PARTY RECOURSE. Third parties shall have no recourse against the CITY or the DEVELOPER under this DEVELOPMENT CONTRACT. 15.3 VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this DEVELOPMENT CONTRACT is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this DEVELOPMENT CONTRACT. 22 75 15.4 FEDERAL AGENCIES. If the DEVELOPER requires any evidence of this DEVELOPMENT CONTRACT for the purpose of escrow requirements of the Federal Housing Administration, the Veterans Administration, or any other United States government agency, the CITY will provide same at the reyuest of the DEVELOPER so the escrow deposit, herein provided for, may be considered a deposit in lieu of the deposit normaUy made with such governmental agencies to guarantee the completion of reyuired improvements. 15.5 RECORDING. The DEVELOFMENT CONTRACT and PLAT shall be recorded by the DEVELOPER with the COUNTY Registrary of Titles and the OWNER and DEVELOPER shall provide and execute any and all documents necessary to implement the recording. 15.6 BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable DEVELOPMENT CONTRACT shall run with the land herein described, and shall be binding upon the heirs, successors, administrators and assigns of the OWNER and DEVELOPER. This DEVELOPMENT CONTRACT shall also be binding on and apply to any title, right and interest of the OWNER in the PLAT acauired by OWNER after the execution date of this DEVELOPMENT CONTRACT or after the recording date of this DEVELOPMENT CONTRACT. 15.7 CONTRACT ASSIGNMENT. The DEVELOPER may not assign this DEVELOPMENT CONTRACT without the written permission of the COiJNCIL. The DEVELOPER's obligations hereunder shall continue in full force and effect, even if the DEVELOPER sells one or more lots,the entire PLAT,or any part of it. 15.8 AMENDMENT AND WAIVER. The parties hereto may by mutual written agreement amend this DEVELOPMENT CONTREICT in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this DEVELOPMENT CONTRACT or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this DEVELOPMENT CONTRACT,waive compliance by another with any of the covenants contained in this DEVELOPMENT CONTRACT, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this DEVELOPMENT CONTRACT. Any ageement on the part of any party for any such amendment,extension or waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT CONTRACT shall be deemed, or shall constitute, a waiver of any other provisions,whether or not similar,nor shall any waiver constitute a continuing waiver. 15.9 GOVERNING LAW. This DEVELOPMENT CONTRACT shall be govemed by and construed in accordance with the laws of the State of Minnesota. 15.10 COUNTERPARTS. This DEVELOPMENT CONTRACT may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 15.11 HEADINGS. The subject headings of the paragraphs and subparagraphs of this DEVELOPMENT CONTRACT are included for purposes of convenience only,and shall not affect 23 76 the construction of interpretation of any of its provisions. 15.12 INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the words of this DEVELOPMENT CONTRACT or if the obligation imposed hereunder upon the DEVELOPER are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the DEVELOPER shall prevail. 15.13 ACCESS. The DEVELOPER hereby grants to the CTTY, its agents, employees, officers, and contractors a license to enter the PLAT to perform all work and inspections deemed appropriate by the CITY during the installation and through the warranty period(s) of DEVELOPER IlVIPROVEMENTS. ARTICLE 16 TERM 16.1 TERM. The term of this DEVELOPMENT CONTRACT shall commence upon the date the DEVELOPMENT CONTRACT has been executed by both DEVELOPER and CITY and shall continue until such time that DEVELOPER has performed and fulfilled all of its duties and obligations as set forth herein and in any amendment to this DEVELOPMENT CONTRACT. Upon DEVELOPER'S completion of DEVELOPER IMPROVEMENTS , CITY'S acceptance of the DEVELOPER PUBLIC IMPROVEMENTS pursuant to Article 8 of the DEVELOPMENT CONTRACT, and the expiration of all warranties related to DEVELOPER IMPROVEMENTS set forth in this DEVELOPMENT CONTRACT,the CITY shall promptly provide DEVELOPER with a resolution releasing the PLAT from the DEVELOPMENT CONTRACT and its terms and conditions, save and except from the indemnification set forth in Article 12,which shall expire three (3) years after the CITY's acceptance of the DEVELOPER PUBLIC IMPROVEMENTS. Following the expiration of the three(3)year period,the CITY shall prepare and record a resolution releasing the PLAT from the indemnification obligation. [The remainder of this page has been intentionally left blank] 24 77 IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT CONTRACT. CITY OF FRIDLEY By: Scott Lund Its Mayor Walter Wysopal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared Scott Lund and Walter Wysopal to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Manager of the City of Fridley, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of said municipality. Notary Public 25 78 DEVELOPER By: Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared , to me personally known, who being by me duly sworn, did say that he is the of Northern Stacks I LLC, a Minnesota limited liability company, and that the foregoing instrument was executed on behalf of Northern Stacks I LLC by authority of the Boards of Governors of Northern Stacks I LLC. Notary Public OWNER By: Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared , to me personally known, who being by me duly sworn, did say that he is the of Fridley Land LLC, a Minnesota limited liability company, and that the foregoing instrument was executed on behalf of Fridley Land LLC by authority of the Boards of Governors of Fridley Land LLC. Natary Public 26 79 OWNER By: Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared , to me personally known, who being by me duly sworn, did say that he is the of Northern Stacks I LLC, a Minnesota limited liability company, and that the foregoing instrument was executed on behalf of Northern Stacks I LLC by authority of the Boards of Governors of Northern Stacks I LLC. Notary Public THIS INSTRUMEN'T DRAFTED BY: AFTER RECORDING,PLEASE Darcy M.Erickson RETURN THIS INSTRUMENT TO: LeVander,Gillen,&Miller,P.A. Darcy M.Erickson 633 South Concord Street, 5uite 400 LeVander, Gillen&Miller,P.A. South St.Paul,MN 55075 633 South Concord Street, Suite 400 (651)451-1831 South St.Paul,MN 55075 (651)451-1831 27 80 EXHIBIT A LEGAL DESCRIPTION OF TI�PORTION OF THE PLAT OF NORTHERN STACKS ENCUMBERED BY THE DEVELOPMENT CONTRACT Real property in Anoka County, State of Minnesota,described as: Lots 1 and 2, Block 1,Northern Stacks 28 81 EXHIBTT B LIST OF DEVELOPMENT PLANS DATE OF PLAN PREPARED PLAN PREPARATION BY 1.) Existing Conditions 2/14/14* Westwood Page 2 of 17 Professional Services,Inc. 2.) Preliminary Plat 2/14/14* Westwood Page 3 of 17 Professional Services,Inc. 3.) Final Plat Cover 2/14/14* Westwood Page 4 of 17 Professional Services,Inc. 4.) Final Plat 2/14/14* Westwood Page 5 of 17 Professional Services,Inc. 5.) Removal Plan 2/14/14* Westwood Page 6 of 17 Professional Services,Inc. 6.) Site Plan 2/14/14** Westwood Page 7 of 17 Professional Services,Inc. 7.) Grading Plan 2/14/14*** Westwood Page 8 of 17 Professional Services,Inc. 8.) Details 2/14/14* Westwood Page 9 of 17 Professional Services,Inc. 9.) City Details 2/14/14* Westwood Page 10 of 17 Professional Services, Inc. 29 82 10.) Utility Plan 2/14/14**** Westwood Page 11 of 17 Professional Services,Inc. 11.) Landscape Plan 2/14/14* Westwood Page 12 of 17 Professional Services,Inc. 12.) Landscape Details 2/14/14* Westwood Page 13 of 17 Professional Services,Inc. 13.) Landscape Details 2/14/14* Westwood Page 14 of 17 Professional Services,Inc. 14.) Landscape Details 2/14/14* Westwood Page I S of 17 Professional Services,Inc. 15.) Street Plan and Profile 2J14/14*^ Westwood Page 16 of 17 Professional Services,Inc. 16.) Watermain Extension 2/14/14*^^ Westwood Page 17 of 17 Professional Services,Inc. -30- 83 17.) Road Improvement Plans for Westwood CSAH 1 (East River Road Professional Improvements) Services,Inc. a. Overall Existing Conditions 8/12/14# &Removals, Page 2 of 24 b. North Existing Conditions 8/12/14� &Removals, Page 3 of 24 c. South Existing Conditions 8/12/14# &Removals, Page 4 of 24 d. Overall Proposed Layout, 8/12/14� Page 5 of 24 e. North Proposed Layout, 8/12/14" Page 6 of 24 f. South Proposed Layout, 8/12/14# Page 7 of 24 g. Type C&D Signs, Page 8 of 8/12/14# 24 h. Overall Signage Layout, 8/12/14� Page 9 of 24 i. North Signage Layout, Page 8/12/14# 10 of 24 j. South Signage Layout, Page 8/12/14# 11 of 24 k. Type C&D Sign Structural 8/12/14# Details — Page 1 of 2, Page 12 of 24 1. Type C&D Sign Structural 8/12/14# Details — Page 1 of 2, Page 13 of 24 m. Overall Grading, Utilities, 8/12/14� and Erosion Control Plan, Page 14 of 24 n. North Grading, :IJtilities, 8/12/14� and Erositm Cc�ntrol Plan, -31- Page 15 of 24 o. Scauth ; C�rading, Utilit��s, 8/12/14# ar�d Erosio� Cantrol Pl�n, - 84 1$.) Construction Plan for Traffic 10/27/14^ Westwood Control Signal Systems, Interconnect Professional and ADA Improvements at the Services,Inc. Intersection of: Co. Rd 1 (East River Road) at Northern Stacks Ct., Fridley MN, Anoka County and Removal at the Intersection of: Co. Rd. 1 (East River Rd) at Southwest Egress Driveway of Northern Stacks, Fridley MN, Anoka County a. Statement of Estimated Quantities, Page 2 of 18 10/27/14^ b. Pole Mount Detail, Page 3 of 18 10/27/14^ c. Equipment Pad Layout (Type SSB Service Cabinet) 10/27/14^ Co. Hwy 1 and Northern Stacks Ct. in Fridley, Anoka County, Page 4 of 18 d. Service Cabinet Details Co. Hwy 1 and Northern Stacks 10/27/14^ Ct. in Fridley, Anoka County, Page 5 of 18 e. Loop Detector Detail, Page 6 of 18 10/27/14^ f. Pedestrian Curb Ramp Details, Section C-C Standard Approved Parallel/Depressed Corner, 4/10/13^ Page 7 of 18 g. Pedestrian Curb Ramp Details, Section D-D Curb Standard Approved for Directional Ramps, Page 4/10/13^ 8of18 h. Pedestrian Curb Ramp Details, Pavement Standard Approved Treatment Options in Front 4/10/13^ -32- 85 of Curb&Gutter For Use on Curb Ramp Retrofits, Page 9 of 18 i. Pedestrian Curb Ramp Details, Approach Nose Standard Approved Detail for pownstream Side 4/10/13^ of Traffic, Page 10 of 18 j. Pedestrian Curb Ramp Standard Approved Details, Concrete Walk 4/10/13^ Edges Adjacent to Concrete Structures, Page 11 of 18 k. Intersection "A" Layout Traffic Control Signal Standazd Approved System Co. Hwy 1 and 4/10/13^ Northern Stacks Ct. in Fridley, Anoka County, Page 12 of 18 10/27/14^ 1. Intersection Layout Traffic Control Signal System Co. Hwy 1 and Northern Stacks Ct. in Fridley, Anoka County, Page 13 of 18 10/27/14^ m. Pavement Markings Layout/Detail and Type "D" Signs Details Co. Hwy 1 and Northern Stacks Ct. in Fridley, Anoka County, Page 14 of 18 10/27/14^ n. Interconnection Layout Traffic Control Signal System Co. Hwy 1 and Northern Stacks Ct. in Fridley, Anoka County, Page 15 of 18 10/27/14^ o. Intersection "A" Existing Utilities Layout Traffic Control Signal System Co. -33- 86 Hwy 1 and Northern Stacks Ct. in Fridley, Anoka County,Page 16 of 18 10/27/14^ p. Intersection "B" Layout Traffic Control Signal System Co. Hwy 1 and Northern Stacks Ct. in Fridley, Anoka County, Page 17 of 18 10/27/14^ q. Intersection "C" Layout Traffic Control Signal System Co. Hwy 1 and Northern Stacks Ct. in Fridley, Anoka County, Page 18 of 18 'Revised on March 12,2014,Maroh 28,2014,]une 27,2014,July 16,2014 and August 20,2014 **Revised on March 12,2014,March 28,2014,June 27,2014,July 16,2014,August 20,2014 and October 2,2014 *••Revised on March]2,2014,Mazch 28,2014,June 27,2014,]uly 1,2014,July 16,2014,August 20,2014 and September 17,2014 ****Revised on Mar�h 12,2014,March 28,2014,]une 27,2014,July 16,2014,August 20,2014 and September 17,2014 *^Revised on March 12,2014,March 28,2014,June 27,2014,July 16,2014,August 20,2014 and October 17,2014 *^^Revised on August 20,2014 and September 17,2014 #Revised on September 30, 2014 and October 29, 2014 and including any further revisions subsequent to the parties' execution of this Development Contract. ^induding any further revisions subsequent to the parties'execution of this Development Conuact.. -34- 87 EXHIBIT C DEVELOPER IlVIPROVEMENTS The items checked with an "X"below are the DEVELOPER IlVIPROVEMENTS. The items checked with "PUBLIC" below are those DEVELOPER IMPROVEMENTS that are DEVELOPER-PUBLIC IMPROVEMENTS. CHECKED COMPLETION DATE IMPROVEMENT X General site erosion control X Completion of improvements identified in Construction Plans for Site, Grading, Utilities and Landscaping PUBLIC Completion of improvements in Road Improvement Plans PUBLIC Completion of improvements identified in Construction Plan for Traffic Control Signal Systems, Interconnect and ADA Improvements at the Intersection of Co. Rd. 1 (East River Rd.) at Northern Stacks Ct., Fridley MN, Anoka County and Removal at the Intersection of: Co. Rd. 1 (East River Rd.) at Southwest Egress Driveway of Northern Stacks, Fridley MN, Anoka County X Grading and drainage 35 88 PUBLIC Watermain Extension PUBLIC Storm water facilities (infiltration basin and ponds) PUBLIC Northern Stacks Court X Landscaping* *Landscaping includes turf establishment and turf growth. Mere seeding is insufficient. 36 89 EXHIBIT D CITY IlVIPROVEMENTS T'he CITY is not responsible for construction of any CITY IlVIPROVEMENT under this DEVELOPMENT CONTRACT. 37 90 EXHIBTT E MISCELLANEOUS REQUIREMENTS AND CONDITIONS IMPOSED BY THE CITY 1.) CONDITIONS TO BE SAT'ISFIED BEFORE CITY RELEASES THE PLAT TO BE RECORDED. Before the CITY allows the PLAT to be recarded, all the following conditions must be satisfied: a.) DEVELOPER and OWNER must execute this Development Contract; b,) OWNER and CITY must execute a Storm Water Maintenance Agreement whereby the OWNER shall be responsible for maintenance of specified DEVELOPER IMPROVEMENTS; including the storm water collection and management system; c.) OWNER and CITY must execute an Environmental Indemnification Agreement covering all CITY rights-of-way and easements within the PLAT of NORTHERN STACKS; d.) DEVELOPER shall provide and record with COUNTY all maintenance and utility easements that may be necessary and not included in the PLAT to allow CITY access to and maintenance of utilities and storm water collection and management systems; e.) DEVELOPER shall provide traffic impact and access agreements to the CITY that are identified by the PWD as necessary; d.) OWNER satisfies all pending utility bills and special assessments associated with the property. 2.) BUII.DING PERMITS. No building permits may be obtained other than those previously issued as of the date of this Agreement for a Bulk Distributian building until: a.) All the conditions listed in Paragraph 1 of this E�chibit E are satisfied. b.) DEVELOPER and OWNER must submit evidence that the following documents have been recorded: 1. PLAT of NORTHERN STACKS; 2. DEVELOPMENT CONTRACT 3. ENVIRONMENTAL INDEMNIFICATION AGREEMENT 4. STORM WATER MANANGEMENT AGREEMENT 38 91 3.) CERTIFICATES OF OCCUPANCY. Prior to the issuance of the certificate of occupancy, and in any event, no later than December 31, 2015, the following conditions must be satisfied: a.) All the conditions listed in Paragraphs 1 and 2 of this Exhibit E must be satisfied. b.) All landscaping that is associated with the PLAT shall be completed. c.) Public water, drainage and sanitary sewer improvements have been installed and have been inspected,approved and determined by the CTTY to be available for use. d.) All parking areas for buildings within the PLAT have been adequately graded and the gravel sub-base and base course of bituminous for the parking areas for said buildings have been constructed for said buildings within the PLAT and have been inspected, approved and determined by the CITY to be available for use. 4.) CLEAN UP OF CONSTRUCTION DEBRIS ON STREETS AND ADJOINING PROPERTY. The escrow amount stated on Exhibit F shall include an appropriate amount as determined by the Director of PWD to assure that the DEVELOPER removes any construction debris from streets adjoining the PLAT and from private properties that adjoin the PLAT. During the construction and other improvements within the PLAT, the DEVELOPER is responsible for removing any construction debris (including roofing materials, paper wrappings, construction material and other waste products resulting from construction) that may be blown from the construction site into adjoining private properties or into CITY streets or that may fall from delivery trucks onto adjoining private properties or CITY streets. Further, during construction, the DEVELOPER must clear the CITY streets of any dirt or other earthen material that may fall onto the CITY streets from the delivery trucks that are being used in the excavation and grading of the site. 5.) PARKING LOT AND BUILDING LIGHTING. The parking lot and building lighting will be either a shoe-box style or down cast lighting, such that the bulb is not visible from the property lines. 6.) PARK DEDICATION. Park dedication shall be waived in consideration of prior park dedications made in conjunction with the property within the PLAT. 7.) CONSENT REOUIREMENTS. DEVELOPER and OWNER agree that the following elements of development within the PLAT shall not be removed or changed from the DEVELOPMENT PLANS without first obtaining the following consents: a.) Building location Consent reyuired by COiJNCIL b.) Landscapiag Consent reyuired by Planning Department c.) Location of Utilities Consent reguired by PWD 39 92 d.) Parking Areas Consent reyuired by COUNCIL 8.) S-Z DISTRICT ZONING ACKNOLWLEDGEMENT. Property within the PLAT is subject to the approval of master plans and S-2 District zoning and the development on the property must be in substantial conformance to the master plans and S-2 Zoning District. 9.) STREET LIGHTING. The street lighting along the private driveways and within the parking lots will be private. The OWNER is responsible for all costs of the installation, maintenance, replacement and energy costs. T'he street lighting plans shall be approved by the CITY prior to installation. 40 93 EXHIBIT F ESCROW CALCULATION DEVELOPER IMPROVEMENTS AND DEVELOPER LESS PUBLIC COST IMPROVEMENTS ESCROW IMPROVEMENTS ESTIMATE COMPLETED AMOUNT Site Grading, Drainage and 1.) Erosion Control $ 140,000 $ 133,000 $ 7,000 Public Street Construction (including turn 2.) lanes) 100,500 50,500 50,000 Traffic Signal Construction and retrofit 3.) 0* 0 0 4.) Walks and Trails 2,500 0 2,500 Sanitary Sewer 5.) Collection 15,000 14,000 1,000 6.) Water Distribution 190,000 180,000 10,000 Storm Water Facilities 7.) (including basins) 70,000 66,500 3,500 8.) Landscaping 12,000 6,000 6,440 9.) Construction debris 1,500 1,500 0 4l 94 clean-up ENGINEERING 10.) E5CROW ?6,740 76,740 0 Subtotal: $ 80,000 MULTIPLIED BY: X 1.25 EQUALS: $ 100,000 ESCROW AMOUNT: $ 100,000 * Traffic Signal Under HRA Agreement 42 95 STORM WATER MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this `day of , 2014 by and between Northern Stacks I, LLC, a Minnesota limited liability company, hereina8er referred to as "Owner" of the below described property; and the City of Fridley, a Minnesota municipal corporation, hereinafter referred to as "City". ARTICLE 1 DEFINITIONS 1.1 C�. City shall mean the City of Fridley, a Minnesota municipal corporation and its successors and assigns. 1.2 Owner. Northern Stacks I LLC, a Minnesota limited liability company and its successors and assigns. 1.3 Real Proaertv. Real Property means the following real property located in Anoka County,Minnesota: Lot 1, Block 1,Northern Stacks 1.4 Storm Sewer Svstem. Storm Sewer System means each and all of the following, individually and collectively: existing or future storm water pipes, conduits, culverts, ditches, storm water ponds, reservoirs, catch basins, manholes, structures, devices, components and appurtenances lying under, upon or within the Real Property used to treat storm water and accommodate the flow of area storm water run-off. 96 ARTICLE 2 RECITALS Recital No. 1. The Owner owns the Real Property. Recital No.2. The Real Property is being improved with large industrial warehouse buildings. Recital No. 3. The Storm Sewer System will be constructed under, over, upon and within the Real Property. Recital No. 4. The City is willing to allow the plat of Northern Stacks to be recorded if Owner complies with the reyuirements contained in Exhibit E of the Development Contract, of even date herewith between the City and Owner, and if Owner executes this Storm Water Maintenance Agreement. Recital No. 5. The City has reyuired the Owner to provide, furnish, construct, install and maintain the Storm Sewer System to treat storm water and accommodate the rate of flow of area run-off, upon, over, under, through and within the Real Property. Recital No. 6. The Owner agrees to furnish, construct, install and maintain the Storm Sewer System to the approval of the City upon, over, under, upon,through and within the Real Property and do all related grading, slope work and restoration. Recital No. 7. By this Agreement the parties seek to: a. impose upon the Owner the responsibility of maintaining the Storm Sewer System, notwithstanding the fact that the Storm Sewer System exists within easements dedicated or granted to the City and the public; and b. provide a mechanism where the City may charge-back to the Owner any maintenance work that the City performs with respect to the Storm Sewer System in the event the Owner fails to perform its obligations to maintain the Storm Sewer System. ARTICLE 3 RESPONSIBILITY FOR MAINTENANCE 3.1 Construction and Maintenance. a. At its sole cost and expense, the Owner agrees to construct, operate, repair, maintain and manage the Storm Sewer System upon, over, under, through and within the Real Property, while conforming to City, Mississippi Watershed Management Organization, and Minnesota Pollution Control standards for the purpose of receiving, retaining, treating and transporting all storm sewer water which may be collected within the Storm Sewer System. The City shall not under any circumstances be responsible for the on- going physical performance of any repairs, changes or alterations whatsoever to the Storm Sewer System and the City shall not be liable for the cost thereof. 2 97 Specifically, the Owner agrees, at its sole cost and expense and at no cost to the City, to regularly: 1. Maintain and clean all portions of the Storm Sewer System including but not limited to catch basins, manholes, piping, stormwater basins, structural storm water treatment devices, outlet structures and any other associated portion or component of the Storm Sewer System serving the Real Property and prior to and at its point of connection to the City Storm Sewer System. 2. Repair or replace any deficient portion or component of the Storm Sewer System. 3. Remove and properly dispose of litter and debris collected by the Storm Sewer System on an annual basis or more often if required by the manufacturer's recommendations for any structures, components, or devices part of the Storm Sewer System. Owner shall send an annual report of this activity to the City. 3.2 Standard of Maintenance. The standard of maintenance by the Owner shall comply with a reasonable standard of care and conform to generally accepted standards and the same standards that the City's Public Works Director utilizes for storm sewer systems that the City, Mississippi Watershed Management Organization, and Minnesota Pollution Control maintains, as those standards are from time to time amended. If trees or other vegetation located in the areas of the Storm Sewer System become diseased or die and if in the judgment of the City's Director of Public Works the dead or diseased trees or vegetation adversely affect the storm water storage capacity or the flow of the storm water, then the Owner, upon the written request of the City, shall remove the diseased or dead trees and vegetation within thirty (30) days after the City's written reyuest. 3.3 Notice and Cure Period. In the event that the City's Public Works Director ("PWD") determines that the Owner has failed to fully perform its obligations set forth in Section 3.1 of this Agreement or fails to perform them consistent with the Standard of Maintenance set forth in Section 3.2, the City shall give written notice pursuant to Section 3.6 to the Owner detailing the failure of compliance with Sections 3.1 and 3.2. If within fifteen (15) days after transmittal of this notice, Owner has failed to cure the deficiency or deficiencies identified in the notice, the City may without further notice take any steps which it deems reasonably necessary in order to correct the deficiency or deficiencies. The Owner agrees to then reimburse the City within thirty (30) days of receipt of invoice for all costs incurred, including reasonable administrative overhead, by the City in correcting the deficiency. If this invoice is not paid within thirty (30) days of receipt, then Owner agrees that the City may certify or assess the cost against the Owner's property pursuant to Section 3.4 Notwithstanding the requirement contained in this Section relating to written notice and opportunity of the Owner to comply with the standard of maintenance, in the event of an emergency as determined by the PWD, the City may perform the 3 98 work to be performed by the Owner without giving any notice to the Owner and without giving the Owner fifteen (15) days to comply. If the City performs emergency service work, the Owner shall be obligated to repay the City the costs incurred to perform the emergency service work, and the City shall follow those procedures set forth in Sections 3.3 and 3.4 with respect to the billing, collection and/or tax certification of such costs. 3.4 Citv Costs: Certification of Costs Pavable With Taxes; Special Assessments. If payment is not made, the City may certify to Anoka County the amounts due as payable with the real estate taxes for the Real Property in the next calendar year; such certifications may be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility bills. Owner waives any and all procedural and substantive objections to the imposition of such usual and customary charges on the Real Property. Further, as an alternate means of collection, if the written billing is not paid by the Owner, the City, without notice and without hearing, may specially assess the Real Property for the costs and expenses incuned by the City. The Owner hereby waives any and all procedural and substantive objections to special assessments for the maintenance costs including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the Real Property. The Owner waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The Owner acknowledges and agrees that the benefit from the performance of maintenance tasks by the City and performance of maintenance tasks by the City to ensure compliance with the maintenance standards equals or exceeds the amount of the charges and assessments for the maintenance costs that are being imposed hereunder upon the Real Property. � 3.5 Obligation For Maintenance Notwithstandin� Public Easement. The Owner agrees that its obligations relating to maintenance of the Storm Sewer System exists notwithstanding the fact that some or all of the Storm Sewer System is located in public easements. The City hereby grants to the Owner a temporary right and license to enter the Real Property for the purpose of performing the maintenance obligations relating to the Storm Sewer System for the duration of the performance of the maintenance. 3.6. Notices. Any notices required under this Agreement shall be sent by certified mail, return receipt requested, or by personal service at the following address: If to City: City of Fridley Attn: City Manager 6341 University Avenue NE Fridley, MN 55432 4 99 If to Owner: Northern Stacks I LLC Attn: Manager 1350 Lagoon Avenue South#920 Minneapolis MN 55408 In the event that a party to this Agreement transfers its interest in the Real Property, the other party may fulfill its notice requirements under this Agreement by providing said notice to the party of record on file at the Anoka County Assessor's office. 3.7 Indemnification. The Owner agrees to defend, indemnify and hold harmless the City from any action and against any damages, costs and expenses, including reasonable attorney's fees, which the City may sustain as a result of the Owner's construction and maintenance of the Storm Sewer System located on the Real Property. ARTICLE 4 MISCELLANEOUS 4.1 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Real Property, and shall be binding upon the parties and the successors and assigns of the parties. This Agreement shall also be binding on and apply to any title, right and interest of Owner in the Real Property acquired by Owner after the execution date of this Agreement or after the recording date of this Agreement. 4.2 Filin�with Anoka Countv. Owner shall record a fully executed copy of this Agreement with the Anoka County. 4.3 Counternarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands this_day of , 2014. [The remainder of this page is intentionally left blank.] 5 100 NORTHERN STACKS I LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared , to me personally known, who being by me duly sworn, did say that he is the of Northern Stacks I LLC, a Minnesota limited liability company, and that the foregoing instrument was executed on behalf of Northern Stacks I LLC by authority of the Boards of Governors of Northern Stacks I LLC. Notary Public 6 101 CITY OF FRIDLEY By: Its: Mayor By: Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared Scott Lund and Walter Wysopal to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Manager of the City of Fridley, the Minnesota municipal corporation named in the faregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public After Recording,Please Return This This Instrument Was Drafted By: Instrument To: Darcy M. Erickson Darcy M. Erickson LeVander, Gillen& Miller, P.A. LeVander, Gillen &Miller, P.A. 633 South Concord Street 633 South Concord Street Suite 400 Suite 400 South St.Paul,MN 55075 South St. Paul,MN 55075 (651)451-1831 (651)451-1831 7 102 STORM WATER MAINTENANCE AGREEMENT 1'HIS AGREEMENT made and entered into this _day of , 2014 by and between Fridley Land, LLC, a Minnesota limited liability company, hereinafter referred to as "Owner" of the below described property; and the City of Fridley, a Minnesota municipal corporation, hereinafter referred to as "City". ARTICLE 1 DEFINITIONS 1.1 C�. City shall mean the City of Fridley, a Minnesota municipal corporation and its successors and assigns. 1.2 Owner. Fridley Land, LLC, a Minnesota limited liability company and its successors and assigns. 1.3 Real Proaertv. Real Property means the following real property located in Anoka County, Minnesota: Lot 2, Block 1,Northern Stacks 1.4 Storm Sewer Svstem. Storm Sewer System means each and all of the following, individually and collectively: existing or future storm water pipes, conduits, culverts, ditches, storm water ponds, reservoirs, catch basins, manholes, structures, devices, components and appurtenances lying under, upon or within the Real Property used to treat storm water and accommodate the flow of area storm water run-off. 103 ART_ RECITALS Recital No. 1. The Owner owns the Real Property. Recital No.2. The Real Property is being improved with large industrial warehouse buildings. Recital No. 3. The Storm Sewer System will be constructed under, over, upon and within the Real Property. Recital No. 4. The City is willing to allow the plat of Northern Stacks to be recorded if Owner complies with the requirements contained in Exhibit E of the Development Contract, of even date herewith between the City and Owner, and if Owner executes this Storm Water Maintenance Agreement. Recital No. 5. The City has reyuired the Owner to provide, furnish, construct, install and maintain the Storm Sewer System to treat storm water and accommodate the rate of flow of area run-off,upon, over,under,through and within the Real Property. Recital No. 6. The Owner agrees to furnish, construct, install and maintain the Storm Sewer System to the approval of the City upon, over, under, upon, through and within the Real Property and do all related grading, slope work and restoration. Recital No. 7. By this Agreement the parties seek to: a. impose upon the Owner the responsibility of maintaining the Storm Sewer System, notwithstanding the fact that the Storm Sewer System exists within easements dedicated or granted to the City and the public; and b. provide a mechanism where the City may charge-back to the Owner any maintenance work that the City performs with respect to the Storm Sewer System in the event the Owner fails to perform its obligations to maintain the Storm Sewer System. ARTICLE 3 RESPONSIBILITY FOR MAINTENANCE 3.1 Constraction and Maintenance. a. At its sole cost and expense, the Owner agrees to construct, operate, repair, maintain and manage the Storm Sewer System upon, over, under, through and within the Real Property, while conforming to City, Mississippi Watershed Management Organization, and Minnesota Pollution Control standards for the purpose of receiving, retaining, treating and transporting all storm sewer water which may be collected within the Storm Sewer System. The City shall not under any circumstances be responsible for the on- going physical performance of any repairs, changes or alterations whatsoever to the Storm Sewer System and the City shall not be liable for the cost thereof. 2 104 Specifically, the Owner agrees, at its sole cost and expense and at no cost to the City, to regularly: 1. Maintain and clean all portions of the Storm Sewer System including but not limited to catch basins, manholes, piping, stormwater basins, structural storm water treatment devices, outlet structures and any other associated portion or component of the Storm Sewer System serving the Real Property and prior to and at its point of connection to the City Storm Sewer System. 2. Repair or replace any deficient portion or component of the Storm Sewer System. 3. Remove and properly dispose of litter and debris collected by the Storm Sewer System on an annual basis or more often if required by the manufacturer's recommendations for any structures, components, or devices part of the 5torm Sewer System. Owner shall send an annual report of this activity to the City. 3.2 Standard of Maintenance. The standard of maintenance by the Owner shall comply with a reasonable standard of care and conform to generally accepted standards and the same standards that the City's Public Works Director utilizes for storm sewer systems that the City, Mississippi Watershed Management Organization, and Minnesota Pollution Control maintains, as those standards are from time to time amended. If trees or other vegetation located in the areas of the Storm Sewer System become diseased or die and if in the judgment of the City's Director of Public Works the dead or diseased trees or vegetation adversely affect the storm water storage capacity or the flow of the storm water, then the Owner, upon the written request of the City, shall remove the diseased or dead trees and vegetation within thirty (30) days after the City's written request. 3.3 Notice and Cure Period. In the event that the City's Public Works Director ("PWD") determines that the Owner has failed to fully perform its obligations set forth in Section 3.1 of this Agreement or fails to perform them consistent with the Standard of Maintenance set forth in Section 3.2, the City shall give written notice pursuant to Section 3.6 to the Owner detailing the failure of compliance with Sections 3.1 and 3.2. If within fifteen (15) days after transmittal of this notice, Owner has failed to cure the deficiency or deficiencies identified in the notice, the City may without further notice take any steps which it deems reasonably necessary in order to conect the deficiency or deficiencies. The Owner agrees to then reimburse the City within thirty (30) days of receipt of invoice for all costs incurred, including reasonable administrative overhead, by the City in correcting the deficiency. If this invoice is not paid within thirty (30) days of receipt, then Owner agrees that the City may certify or assess the cost against the Owner's property pursuant to Section 3.4 Notwithstanding the requirement contained in this 5ection relating to written notice and opportunity of the Owner to comply with the standard of maintenance, in the event of an emergency as determined by the PWD, the City may perform the 3 105 work to be performed by the Owner without giving any notice to the Owner and without giving the Owner fifteen (1S) days to comply. If the City performs emergency service work, the Owner shall be obligated to repay the City the costs incurred to perform the emergency service work, and the City shall follow those procedures set forth in Sections 3.3 and 3.4 with respect to the billing, collection and/or tax certification of such costs. 3.4 Citv Costs• Certification of Costs Pavable With Taxes; Snecial Assessmeuts. If payment is not made, the City may certify to Anoka County the amounts due as payable with the real estate taxes for the Real Property in the next calendar year; such certifications may be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility bills. Owner waives any and all procedural and substantive objections to the imposition of such usual and customary charges on the Real Property. Further, as an alternate means of collection, if the written billing is not paid by the Owner, the City, without notice and without hearing, may specially assess the Real Property for the costs and expenses incurred by the City. The Owner hereby waives any and all procedural and substantive objections to special assessments for the maintenance costs including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the Real Property. The Owner waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The Owner acknowledges and agrees that the benefit from the performance of maintenance tasks by the City and performance of maintenance tasks by the City to ensure compliance with the maintenance standards equals or exceeds the amount of the charges and assessments for the maintenance costs that are being imposed hereunder upon the Real Property. 3.5 Obligation For Maintenance Notwithstandine Public Easement. The Owner agrees that its obligations relating to maintenance of the Storm Sewer System exists notwithstanding the fact that some or all of the Storm Sewer System is located in public easements. The City hereby grants to the Owner a temporary right and license to enter the Real Property for the pur�ase of performing the maintenance obligations relating to the Storm Sewer System for the duration of the performance of the maintenance. 3.6. Notices. Any notices required under this Agreement shall be sent by certified mail, return receipt requested, or by personal service at the following address: If to City: City of Fridley Attn: City Manager 6341 University Avenue NE Fridley, MN 55432 4 106 If to Owner: Fridley Land LLC Arin: Manager 1350 Lagoon Avenue South#920 Minneapolis MN 55408 In the event that a party to this Agreement transfers its interest in the Real Property, the other party may fulfill its notice requirements under this Agreement by providing said notice to the pariy of record on file at the Anoka County Assessor's office. 3.7 Indemnification. The Owner agrees to defend, indemnify and hold harmless the City from any action and against any damages, costs and expenses, including reasonable attorney's fees, which the City may sustain as a result of the Owner's construction and maintenance of the Storm Sewer System located on the Real Property. ARTICLE 4 MISCELLANEOUS 4.1 Bindin� Agreement. The parties mutually recognize and agee that all terms and conditions of this recordable Agreement shall run with the Real Property, and shall be binding upon the parties and the successors and assigns of the parties. This Agreement shall also be binding on and apply to any title, right and interest of Owner in the Real Property acquired by Owner after the execution date of this Agreement or after the recording date of this Agreement. 4.2 Filin�with Anoka Countv. Owner shall record a fully executed copy of this Agreement with the Anoka County. 4.3 Counternarts. 'This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands this_day of , 2014. [The remainder of this page is intentionally left blank.] � 5 107 FRIDLEY LAND LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared , to me perso�ally known, who being by me duly sworn, did say that he is the of Fridley Land LLC, a Minnesota limited liability company, and that the foregoing instrument was executed on behalf of Fridley Land LLC by authority of the Boards of Governors of Fridley Land LLC. Notary Public 6 108 CITY OF FRIDLEY By: Its: Mayor By: Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared Scott Lund and Walter Wysopal to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Manager of the City of Fridley, the 1Vlinnesota municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public After Recording,Please Return This This Instrument Was Drafted By: Instrument To: Darcy M. Erickson Darcy M. Erickson LeVander, Gillen & Miller, P.A. LeVander, Gillen &Miller, P.A. 633 South Concord Street 633 South Concord Street Suite 400 Suite 400 South St. Paul,MN 55075 South St. Paul, MN 55075 (651)451-1831 (651) 451-1831 7 109 ENVIRONMENTAL INDEMNIFICATION AGREEMENT FOR NORTHERN STACKS, ANOKA COUNTY,MINNESOTA THIS ENVIRONMENTAL INDEMNIFICATION AGREEMENT ("Agreement") is made, entered into and effective this day of , 2014, by and between the City of Fridley, a Minnesota municipal corporation (hereafter referred to as "City") and Northern Stacks I LLC and Fridley Land LLC (hereafter individually and collectively referred to as "Landowner"). Subject to the terms and conditions hereafter stated and based on the representations, warranties, covenants, agreements and recitals of the parties herein contained,the parties do hereby agree as follows: ARTICLE 1 DEFINITIONS 1.1 Terjns. The following terms, unless elsewhere specifically defined herein, shall have the following meanings as set forth below. 1.2 C� "City"means the City of Fridley, a Minnesota municipal corporation. 1.3 Develoament Contract. "Development Contract" means that certain Development Contract for NORTHERN STACKS between the City and Landowner dated , 2014 relating to those certain Developer Improvements to be constructed on the Landowner Property as a condition of the City's approval of Landowner's Development Plans and the City's approval and release to Landowner for recording of the final subdivision plat of NORTHERN STACKS, Anoka County, Minnesota. 1.4 Landowner. "Landowner" means Northern Stacks I LLC, a Minnesota limited liability company, for purposes of Lot 1, Block 1, Northern Stacks and Fridley Land LLC, a Minnesota limited liability company, for purposes of Lot 2, Block 1,Northern Stacks. 1.5 Landowner Pronerty. "Landowner Property" means that certain real property located in the City of Fridley, Anoka County, Minnesota legally described on Exbibit A. 110 ARTICLE 2 RECITALS Recital No. 1. Landowner owns the Landowner Property. Recital No.2. Landowner has requested that the City give approva] for and release to Landowner for recording the final plat of the NORTHERN STACKS subdivision. Recital No.3. The City is willing to approve the Final Plat and release it for to Landowner for recording if, in addition to other obligations set forth in the Development Contract, Landowner executes and complies with this Agreement and the requirements contained in the Development Contract between the City and Landowner. Recital No. 4. The Development Contract requires the Landowner to construct certain Developer Public Improvements within public rights-of-way or within public easements and which are to be approved and later accepted by the City and transferred to the City for future operations and maintenance. Recital No. 5. The Landowner hereby acknowledges good and sufficient consideration for entering into this Agreement. ARTICLE 3 INDEIVINIFICATION 3.1 Indemnification. For purposes of this Section 3.1, the following terms have the meanings set forth on Exhibit B to this Agreement. Hazardous Substance Sofid Waste Re►ease Hazardous Waste Petroleum Pollutants Construction Debris Contaminants Demolition Debris Sewage Sludge Industrial Solid Waste Waste Mixed Municipal Solid Waste Environmental Laws From and after the date hereof, Landowner agrees to indemnify, defend and hold the City harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, 2 111 penalties and reasonable attorneys' fees, that the City incurs or suffers, after the date hereof, which arise out of, result from or relate to the presence or Release of any Waste or Petroleum on the Landowner Property caused or contributed to by Landowner, its contractors, subcontractors, agents or employees, or any violation of any Environmental Law by Landowner, its contractors, subcontractors, agents,or employees. Upon the City's receipt of a copy of a Landowner's No Further Action Letter with respect to all or a portion of the Landowner Property from the Pallution Controi Agency regarding the Northern Stacks Phase I Remediation Action Plan, the City shall prepare and record a Release of Environmental Indemnification Agreement which shall release all or a portion of the Landowner Property from this Agreement,as appropriate. ARTICLE 4 MISCELLANEOUS 4.1 BindinS Agreement. The parties mutually recognize and agree that all terms and conditions of this Agreement shall run with the Landowner Property and shall be binding upon the parties and the successors and assigns of the parties. The parties also agree that this Agreement shall run with and be binding upon all after-acquired title of the Landowner with respect to the Landowner Property. 4.2 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar,nor shall any waiver constitute a continuing waiver. 4.3 Governin� Law. T'his Ageement shall be governed by and construed in accordance with the laws of the State of Minnesota. 4.4 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF Landowner and the City have entered into this Agreement on the day and year first stated above. 3 112 CITY OF FRIDLEY By: Scott Lund Its:Mayor By: Walter Wysopal Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared Scott Lund and Walter Wysopal,to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Manager of the City of Fridley, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Manager acknowiedged said instrument to be the free act and deed of said municipality. Notary Public 4 � 113 LANDOWNER: By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared to me personally known, who being by me duly sworn, did say that is the of Northern Stacks I LLC, a Minnesota limited liability company, the limited liability company named in the foregoing instrument, and that said instrument was signed on behalf of said company by authority of its Board of Governors and said acknowledged said instrument . � to be the free act and deed of the limited liability company. 5 114 LANDOWNER: By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared to me personally known, who being by me duly sworn, did say that is the of Fridley Land LLC, a Minnesota limited liability company, the limited liability company named in the foregoing instrument, and that said instrument was signed on behalf of said company by authority of its Board of Governors and said acknowledged said instrument to be the free act and deed of the limited liability company. THIS INSTRUMENT DRAFTED BY: AFrER RECORDING PLEASE RETURN TO: Darcy M.Erickson Darcy M. Erickson LeVander, Gillen,&Miller, P.A. LeVander, Gillen&Miller, P.A. 633 South Concord Street 633 South Concord Street Suite 400 Suite 400 South St.Paul,MN 55075 South St. Paul,MN 55075 (651)451-1831 (651)451-1831 6 115 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER PROPERTY Real Property located in the City of Fridley,Anoka County,Minnesota, described as follows: Lots 1 and 2, Block 1,NORTHERN STACKS, Anoka County, Minnesota. 7 116 EXHIBIT B ENVIRONMENTAL DEFINITIONS Hazardous Substance. Hazardous Substance means hazardous substance as defined by Minn. Stat. § 115B.02. Release. Release means any spilling, leakage, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping,or disposing into the environment of any Waste, Hazardous Substance,Petroleum or pollutant or contaminant as defined by 42 U.S.C.Section 9601. Petroleum. Petroleum means any of the following: a.) gasoline b.) fuel oil c.) kerosene d.) any petroleum distillate e.) any petroleum residual f.) diesel fuel g.) oil h.) ethanol. Construction Debris. Construction Debris means construction debris as defined by Minn. Stat. § I 15A.03. Demolition Debris. Demolition Debris means solid waste resulting from the demolition of buildings, roads, and other man-made structures including concrete, brick, bituminous concrete, untreated wood,masonry,glass,trees, rock,and plastic building parts. Industrial Solid Waste. Industrial Solid Waste means industrial waste as defined by Minn. Stat. § 115A.03. Mixed Municinal Solid Waste. Mixed Municipal Solid Waste means mixed municipal solid waste as defined by Minn. Stat. § 115A.03. Solid Waste. Solid Waste means solid waste as defined by Minn. Stat. § 115A.03. Hazardous Waste. Hazazdous Waste means hazardous waste as defined by Minn. Stat. § 115B.02. 8 117 1� Pollutants. Pollutants means pollutants as defined by Minn. Stat. § 115B.02. Contaminants. Contaminants means contaminants as defined by Minn. Stat. § 115B.02. Sewage Slud�e. Sewage Sludge means sewage sludge as defined by Minn. Stat. § 115A.03. Waste. Waste means,jointly and severally,the following: a.) Hazardous Substances b.) Hazardous Waste c.) Pollutants d.) Contaminants e.) Construction Debris f.) Demolition Debris g.) Industrial Solid Waste h.) Mixed Municipal Solid Was�e i.) Solid Waste. j.) Sewage Sludge. Environmental Laws. `Bnvironmental Laws" shall mean all federal laws and regulations that protect or regulate the environment, including, but not limited to, the Clean Air Act, �2 U.S.C. § 7401 et seq.; the Clean Water Act 33 U.S.C. § 1251 et sey., and the Water Quality Act of 1987; the Federal Insecticide Fungicide, and Rodenticide Act ("FIFRA"), 7 U.S.C. § 136 et seq., the Marine Protection Research, and Sanctuazies Act, 33 U.S.C. § 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. § 4321 et seq.; the Noise Control Act, 42 U.S.C. § 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. § 651 et sey.; the Resource Conservation and Recovery Act ("RCRA"}, 42 U.S.C. § 6901 et seq. as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. § 3001 et sey.; the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right-To-Know Act, and Radon Gas and Indoor Air Quality research Act; the Toxic Substances Control Act ("TSCA"), 15 U.S.C. § 2601 et seq.; the Atomic Energy Act, 42 U.S.C. § 2011 et seq., and the Nuclear Waste Policy Act of 1982, 42 U.S.C. § 2011 et sey., all as may be amended, with implementing regulations and guidelines. Environmental Laws shall also include The Minnesota Environmental Response and Liability Act ("MERLA") and state, regional, county, municipal, and other local laws, regulations, and ordinances insofar as they are equivalent or similar to the federal laws recited above or purport to regulate Waste or Petroleum. 9 118 - AGENDA ITEM �;���°f CITY COUNCIL MEETING OF Fridley NOVEMBER 10, 2014 Date: November 6,2014 To: Walter T. Wysopal, City Manage�r��T/ � From: Scott Hickok,Community Development Director Julie Jones,Planning Manager Subject: Appeal Reyuest from James Kiewel, 1627-31 Rice Creek Road Background On October 1,2014,the Appeals Commission conducted an appeal hearing for a Mr.James Kiewel regarding a code enforcement matter on his property.Mr.Kiewel owns two,adjacent single-family homes at 1627 and 1631 Rice Creek Road.Upon hearing from staff and Mr.Kiewel,the Appeals Commission affirmed staffls position that Mr.Kiewel needed to either remove his retaining wall and reconstruct it with a valid permit or provide the City a structural engineering certificate supporting the sh-uctural integrity of the retaining wall on his property. Dissatisfied with the Appeals Commissions Findings,Mr.Kiewel requested further review of his appeal by the City Council. This case covers 12 years of history, so there is a massive amount of background material that was presented by staff to the Appeals Commission. Staff is providing that same material to the City Council in your reading file should you desire to study the background of this case in detail. The attached draft of the minutes of the October 1,2014 Appeals Commission meeting and the resolution they approved that includes their findings of fact,however, is an abbreviated summary of the case. Recommendation Staff recommends that the City Council review the Appeals Commission decision and approve a City Council resolution to complement the Commission's findings.A proposed resolution,which incorporates some additional findings of fact related to points that Mr.Kiewel raised at the October 1 hearing will be available for your review and consideration Monday evening. At the hearing,the City Council will need to affirm,repeal,or modify the Appeals Commission decision in the form of their own resolution. They will have a resolution in hand to work from, as it will be distributed with the presentation Monday evening. 119 APPEALS COMMISSION RESOLUTION NO. 2014--02 A RESOLUTION AFFIRMING THE DECISION OF CITY CODE ENFORCEMENT OFFICER RELATED TO 1627 and 1631 RICE CREEK ROAD NE � WHEREAS, the City of Fridley, Minnesota (the "City"), through its Community Development staff, including the Planning Manager and Community Development Director, conducts routine and systematic zoning code enforcement inspections throughout the City to help protect the health, safety, general welfaze and good order of the public; WHEREAS, James Kiewel ("Owner") owns real property located at 1627 Rice Creek Road NE in the City(the"1627 Property); WHEREAS, Owner owns real property located at1631 Rice Cr�ek Road NE in the City (the"1631 Property"); WHEREAS,the City requires a land alteration permit whenever earth moving equipment is involved in the movement of dirt and fill on real property; WHEREAS, while the Fridley City Code only allows minor landscaping that can be completed with hand tools to be conducted on residential property without a land alteration P�t� WHEREAS, on or about June 28, 2005, Owner applied for a land alteration permit (the "Permit") for the 1631 Property(Exhibit 2); WHEREAS, the materials that the Owner subxnitted to the City indicated that the proposed change on the 1631 Property in the land alteration work for which he sought the Permit included a retaining wall and depicted a four(4) foot grade difference from one end of the lot to the other(Exhibit 2); and WHEREAS, in the application, the Owner requested the Permit to "fill low lying areas of[the] backyard"on the 1631 Property(Exhibit 2); WHEREAS, on or about June 30, 2005, the City approved the Permit for the 1631 Property(Exhibit 2); WHEREAS, the Permit only authorized land alteration and dirt and fill moving on the 1631 Property and not the 1627 Property(E�ibit 2); WHEREAS, Owner mov� dirt on the 1631 Property during the timeframe allowed pursuant to the Permit; and WHEREAS,the Peimit expired on September 30, 2005 (Exhibit 2); 120 Appeals Commission Resolution No. 2014-02 Page 2 WHEREAS, on or about October 4, 2005, the City received a noise complaint that Owner had been moving dirt on the 1631 Property; WHEREAS, subsequent to the October 4, 2005 noise complaint, the City, through its Assistant Public Works Director, discovered that the Owner had constructed a six (6) foot tall retaining wa11 on the 1631 Property consisting of two levels of three (3) foot ta11 plastic barrels (Exhibit 3); and WHEREAS,in some azeas on the 1631 Property, the retaining wa11 is topped with three rows of railroad ties, for a total height in excess of eight (8) feet in some areas on the Property (Exhibit 9); and WHEREAS, City Code Sections 206.01.1 and 206.01.2, as well as Minn. R. 1300.0120 require the issuance of a building permit for the construction of any retaining wa11 constructed that exceeds four(4) feet in height; WHEREAS, the City issues its building perniit for retaining walls that exceed four (4) feet in height through inclusion of the retaining wa11 authorization in the land alteration permit and is reflected in a condition that the retaining wall design be certified by a professional engi.neer; WHEREAS, the Permit did not authorize or a11ow the Owner to construct a retaining wall on the 1631 Property that exceeded four (4) feet in height and did not authorize any retaining wall construction or land alteration or earth moving at all on the 1627 Property; and WHEREAS, on or about December 14, 2005, the City Assistant Public Warks Director sent a letter to the Owner notifying him that: (1)the Permit had expired; (2)he needed to provide . structural engineering certification to approve the constructed retaining wall; and (3) directed him to obtain a new land alteration permit by December 31,2005 (Exhibit 3); WHEREAS, the Owner never abtained another land alteration permit for the 1631 Property; WHEREAS, the Owner has admitted that the retaining wa11 exceeds four (4) feet in height; WHEREAS, after the expiration of the Permit, the Owner continued to move more dirt, and fill on the 1631 Property without a valid, unexpired land alteration permit and moved dirt and fill on the 1627 Property(E�ibits 5 and 7}; WHEREAS, on or about July 29, 2047, the City received a noise complaint through its Police Department regarding the 1631 Property and, upon arrival, the responding officer observed the Owner driving a bobcat and moving dirt on the 1631 Property(Eachibit 5); WHEREAS, on or about July 29, 2007, the Owner did not have a land alteration permit authorizing land alteration and dirt moving on the 1631 Property; 121 Appeals Commission Resolution No. 2014 -02 Page 3 WHEREAS, on or about August 6, 2007, City Community Development Director, Scott Hickok, sent the Owner a letter informing him that he needed to obtain a land alteration permit for the excavation continuing to occur on the 1631 Property and provided an August 10, 2007 deadline to obtain the land alteration permit(Exhibit 6); WHEREAS, the Owner failed to obtain any land alteration perinit for the 1631 Property after the expiration of the Permit on September 30,2005; WIiEREAS, on or about September 5, 2011, the City, through its Police Department, was dispatched to the 1627 Property and, on arrival,the responding officer observed the Owner, who had not yet taken title and possession to the 162? Property, on a skid loader moving dirt (Exhibit 7); WHEREAS,on or about September 5, 2011,there was no existing land alteration permit for the 1627 Property; WHEREAS,the responding police officer observed during his visit to the 1627 Property that there wa.s no vegetative cover left in the rear yard of the 1627 Property(Exhibit 7); WHEREAS, the Owner used heavy e�uipment and altered the land and moved dirt on the 1627 Property without ever having applied for ox received a land alteration pennit from the City; WHEREAS, on or about January 24, 2013, the City's Assistant Public Works Director sent the Owner a letter regarding the "Non-permitted Soil Disturbance" at the 1627 Property (Exhibit 8); WHEREAS, in the January 24, 2013 letter, the City's Assistant Public Works Director informed the Owner that: (1)"significant grading of soils has taken place" on the 1627 Property; (2)that he had observed"stockpiled soils, a skid loader,and non-stabilized soils on-site" and (3) that these activities required a land alteration permit(E�ibit 8); WHEREAS, subsequent to the City's Assistant Public Works Director's 3anuary 24, 2013 letter,the Owner never applied for a land alteration permit; WHEREAS, on September 5, 2013, Julie Jones, City Planning Manager, and Scott Hickok, City Community Development Director, conducted an exterior inspection of the 1631 Property, and observed the plastic barrel retaining wa11 on the 1 b31 Property and observed that it was failing in that at least one of the plastic barrels in the second row had slufted out of line and was susceptible to falling, one of the barrels had ripped open, and run off water was being diverted off of the 1631 Property(E�iibit 9); WHEREAS,with respect to the 1631 Property, on September 11, 2013, Julie Jones, City Planning Manager, sent the Owner a First Notice of Non Compliance of the Fridley City Code advising the Owner that: (1) his Perrmit had expired when he had done eaxth moving work; (2) 122 Appeals Commission Resolution No. 2014-02 Page 4 the.Permit had not authorized construction of the plastic barrel retaining wall; and (3) the State Building Code required a building permit when installing a retaining wall in excess of four (4) feet(Exhibit 10); WHEREAS, with respect to the 1627 Property, on September 12, 2013, Julie Jones, City Planning Manager, sent the Owner a First Notice of Non Compliance of the Fridley City Code advising the Owner that he had extensively altered the rear yazd and constructed a retaining wall in excess of four(4) faet ta11 without a land alteration permit(Exhibit 11); WHEREAS, on September 26, 2013, the Owner served the City with a "Notice of Contested Case" for each the 1627 Property and the 1631 Property objecting to the City's determinations concerning the grading and construction of a retaining wall without a valid land alteration permit and building peimit(Exhibit 12); WHEREAS, with respect to the 1631 Property, on October 9, 2013, the City Planning Manager, sent the Owner a letter advising the Owner that he had constructed a retaining wall without a building permit or land alteration pennit, that the retaining wall is failing and creating a public nuisance and that he needed to provide structural engineering certification for the wa11 by December 31,2013 or remove it by June 15,2014(Exhibit 13); WHEREAS, on November 1, 2013, the City, through Scott Hickok, its Community Development Director, mailed the Owner notice of the scheduling of an Appeals Commission hearing for November 13, 2013 at 7:00 p.m. to hear the Owner's appeal from the Planning Manager's order to provide structural engineering certification of the retaining wa11 by December 31,2013 or remove the retaining wall by June 15,2014(Exhibit 15); WHEREAS, on November 7, 2013, Dazcy Erickson, the Fridley City Attorney, sent the Owner a letter advising the Owner that the November 13, 2013 Appeals Commission meeting at which the abatement of the retaining wa11 constructed without a valid land alteration permit and building permit was cancelled,because the City abatement liearing was premature at that time, as the October 9, 2013 Notice provided a deadline for removal af the retaining wall by June 15, 2014(Exhibit 16); WHEREAS, the Owner failed to remove the retaining wa11 from the 1631 Property before the June 15, 2014 deadline; , WHEREAS, Owner failed to provide the City with an engineering report that certifies that the retaining wa11 is structurally sound before the June 15, 2014 deadline, despite City requests for said report; WHEREAS, on or about Ju1y 9, 2014, the City sent letters to the Owner regarding the 1627 Property and the 1631 Property directing the Owner to rexnove the retaining wall constructed without a proper building permit and rebuild it with proper permits or that he provide structural engineering certification for the retaining wall by August 9,2014 (Exhibits 17 and 18). 123 Appeals Commission Resolution No.2014-02 Page 5 WHEREAS, on or about August 8, 2014, the Owner provided the City with "Contested Case"packets on both the 1627 Property and the 1631 Property (E�ibits 19 and 20). WHEREAS, on or about August 20, 2014, the City, through Scott Hickok, its Community Development Director, mailed the Owner notice of the scheduling of an Appeals Commission hearing for September 3, 2014 at 7:00 p.m. to hear the Owner's appeal from the order of the Planning Manager to remove and rebuild the 2-tier blue barrel retaining wa11 with building and land alteration permits or provide the City with a structural certification for the retaining wall from a licensed professional engineer(Exhibit 21); WHEREAS, on or about August 28, 2014, the Owner mailed motions he filed with the Anoka County District Court concerning requests for information, which he classified as "discovery" (Eachibit 22); WHEREAS, on or about September 3, 2014,the City received a letter, dated August 29, 2014, from Anoka County District Court advising the Owner that it was unable to consider the Owner's motions(Exhibit 23); WHEREAS, aerial photography depicts significant changes in the topography of the 1627 Property and 1831 Property have occurred since 2000 (Exhibits 24 through 27 and 29 through 33); WHEREAS,a v�lid land alteration permit existed for a three(3)month period from June 30, 2005 through September 30,2005; WHEREAS, significant topographical changes occurred between 2008 and 2011, when there were no land alteration permits for either the 1627 Property and the 1631 Property (E�ibits 24 through 27); � WHEREAS, at the September 3, 2014 Appeals Commission hearing, the City continued the hearing to October 1, 2014 so that it could prepare and provide the information requested by the Owner; WHEREAS, on or about September 12, 2014, City staff mailed the Owner a copy of the materials responsive to his request; WHEREAS, the City, through its Planning Manager Julie Jones Cammunity Development Director Scott Hickok, Assistant Public Works Director Layne Otteson, Building Official Ron Julkowski, and Officer Matt Noren, and the Owner, appeared before the Appeals Commission on October 1, 2014 and presented their respective arguments, evidence and testimony to the Appeals Commission; NOW, THEREFORE BE IT RESOLVED by the Appeals Commission of the City of Fridley after listening to a11 of the facts presented hereby makes the following FINDINGS OF FACT: 124 Appeals Coxnmission Resolution No. 2014 -02 Page b 1. That each and all of the ,preceding statements are true and correct and are incorporated herein as part of the findings of fact and record of these proceedings. 2. That each and all of the exhibits are incorporated herein as a part of the record of these proceedings. 3. That Fridley City Code Section 205.04.4.I(2) states: I. No land sha11 be altered and no use shall be permitted that results in water run-off causing flooding, erosion or deposits of minerals on adjacent properties. The following standaxds sha11 be implemented: (2) A grading and drainage plan shall be subxnitted in conjunction with a building or land alteration peYmit and shall be drawn at a scale no smaller than (1) inch equals two hundred feet.... 4. That Fridley City Code Section 245.04.4.I.3 states: (3) A grading and drainage plan is not required for the following development activities: (a) minor land disturbance activities such as home gardens and individual residential landscaping, repairs, and maintenance work.... 5. That Fridley City Code Sections 205.04.4.I.3 exempts only those residential landscaping and home gardening activities performed with simple hand tools such as shovels and wheel barrows. 6. That Fridley City Code Sections 205.04.4.I(2) and 205.04.4.I.3 require land alteration and grading permits for residential projects involving earth moving equipment. 7. That Fridley City Code Section 206.01.1 adopts the State Building Code and sta.tes: 1. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 through 16B.71, one copy of which is on file in the office of the City Clerk of Fridley, Minnesota, is hereby a.dopted by reference as the Building Code of the City of Fridley and incorporated in this Chapter as completely as if set out here in full. 8. That Fridley City Code Section 206.01.2 incorporates Minnesota Rules Chapter 1300, which governs permitting and states: 2. The following chapters of the Minnesota State Building Code including the following chapters of Minnesota Rules are adopted by the City: . 125 Appeals Commission Resolution No. 2014 -02 Page 7 A. Chapter 1300—Administration of the Minnesota Building Code 9. Minn. R. 1300.0120 exempts retaining walls four (4) feet and less in height from building permitting requirements but requires a building permit for any retaining wall in excess of four(4) feet and states: Subp. 4. Work Ezempt from permit. Exemptions from permit requirements of the code do not authorize work to be done in any manner in violation no the 'code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: A. Building: (4) retaining walls that are not over four feet(1,219 mm in height measured from the bottom of the footing to the top of the wall, unless supporting a surchazge or impounding Class I, II, or III-A liquids. 10. The Owner has engaged in extensive and significant earth moving on both the 1627 Property and the 1631 Property that exceeds a reasonable definition of minor land disturbance such as individual residential landscaping,as he has utilized earth moving equipment and has performed grading work that could not be accomplished with hand tools alone. 11. The Owner's Permit for the 1631 Property expired on September 30, 2005 and the Owner continued earth moving activities long after the expiration of the Permit and in violation of City Code Section 205.04.4.I(2). 12. The Owner constructed the six (6) foot retaining wa11 on the 1631 Property without a building permit for the 1631 Property in violation of Fridley City Code Sections 206.01.1 and 206.01.2, and Minn.R. 1300.0120. 13. The Owner never obtained a land alteration permit for the 1627 Property and engaged in extensive and significant earth moving on the 1627 Property in violation of City Code Section 205.04.4.I(2). 14. The Owner constructed the six (6) foot retaining wall on the 1627 Property without obtaixiing a land alteration and building permit for the 1627 Property as required by Fridley City Code Sections 205.04.4.I(2), 205.01.1 and 206.01.2, and Minn. R. 1300.0120. 15. The Owner received several notices from the City's duly authorized code enforcement agents over a period of years notifying the Owner that the retaining wall must be removed and replaced pursuant to a valid land alteration and building permit 126 Appeals Commission Resolution No. 2414-02 Page 8 or that, in lieu of said removal and replacement, the Owner could provide sfxuctural engineering certification for the retaining wa11. 16. The Owner has failed over that same period of years to remove and rebuild the retaining wa11 pursuant to a valid land alteration and building permit for land alteration and construction of the retaining wa11 on the 1631 Property and 1627 Property. 17. The Owner has failed over that same period of years to ever provide the City with structural engineering certification as to the integrity of the retaining wall on the 1631 Property and 1627 Property. BE IT FURTHER RESOLVED THAT based on these findings, the Appeals Coxnmission of the City of Fridley hereby affirms the order of the City Planning Manager directing the Owner to either: (1) remove the retaining wall on the 1631 Property and 1627 Property and reconstruct it pursuant to valid land alteration and building permit; or (2) provide the Ciry a structural engineering certificate concerning the structural integrity of the retaining wall on the 1631 Property and the 1627 Property as required by Fridley City Code Section 205.OS.S.I(2), 206.01.1, and 206.01.2, as well as Minn. R. 1300.0120. PASSED AND ADOPTED BY THE APPEALS COMMISSION OF THE CITY OF FRIDLEY THIS I S� DAY OF OCTOBER 2014. r Br Sielaff,Chair Attest: Debra Skogen, Cit lerk 127 � AGENDA ITEM ""�I CITY COUNCIL MEETING OF NOVEMBER 10, 2014 Fridley INFORMAL STATUS REPORTS 128