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2017-10-16 CC Agenda Packet City of Albertville Council Agenda Monday, October 16, 2017 City Council Chambers 7:00 p.m. PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings are invited to do sounder Public Forum and are asked to fill out a “Request to Speak Card”. Presentations are limited to five (5) minutes. 1.Call to Order 2.Pledge of Allegiance –Roll Call 3.Recognitions – Presentations – Introductions 4.Public Forum – (time reserved 5 minutes) 5.Amendments to the Agenda 6.Consent Agenda All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A.(pgs Approve the October 2, 2017 regular City Council meeting minutes as presented 4-12) B. Authorize the Monday, October 16, 2017 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been provided to City Council as a separate document and is available for public view at (pg 13) City Hall upon request C. Approve the Memorandum of Understanding between Wright County and the City of Albertville for the Purchase of Salt for the 2017-2018 Snow and Ice Removal Season at (pgs 14-17) a cost of $64.29 per ton, which is subject to fuel escalation D. Approve the September 27, 2017 proposal of American Engineering Testing, Inc. in (pgs 18-24) the amount not-to-exceed $30,780 for geotechnical services 7.Public Hearings – None 8.Department Business A.City Council 1).Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC, etc.) P:\\City Council\\Council Agendas\\2017 Agenda Packets\\2017-10-16 CC Agenda.docx Meeting Date: October 16, 2017 Agenda Page 1 City of Albertville Council Agenda Monday, October 16, 2017 Page 2 of 3 B.Planning/Zoning 1).Cielo’s Car Wash Site And Building Plan and Conditional Use Permit For Minor Auto Repair And Outdoor Storage Of Company Trucks(pgs 25-33) (Motion to Approve Resolution No. 2017-XXX for a Site and Building Plan and nd Conditional Use Permit for a Car Wash and Auto Detail Located at 11850 62 Street NE within the City of Albertville.) 2).Central Parks Concepts –Discussion C.Public Works/Engineering - None 1).MN DNR Grant for Westwind Park (pgs 34-58) (Motion to Approve the MN DNR matching grant in the amount of $150,000 for improvements to Westwind Park located at 10687 Kalland Drive NE.) D.Fire –None E.Finance – None F.City Clerk – None G.Building –None H.Legal - None I.Administration 1).Acquisition of Tax Forfeited Property –Discussion(pg 59) 2).Lobbying Services - Discussion 3).City Administrator’s Update(pgs 60-73) 9.Announcementsand/or Upcoming Meetings 10. October 23 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. October 30 Joint Governance Meeting, 6:00 p.m., St. Michael November 5 City Council, 7:00 p.m. November 9 City Offices Closed (Observance of Veterans Day) November 13 STMA Ice Arena Board, 6:00 p.m. November 14 Planning Commission, 7:00 p.m. November 20 City Council, 7:00 p.m. November 23/24 City Offices Closed, Thanksgiving Day November 27 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. P:\\City Council\\Council Agendas\\2017 Agenda Packets\\2017-10-16 CC Agenda.docx Meeting Date: October 16, 2017 Agenda Page 2 City of Albertville Council Agenda Monday, October 16, 2017 Page 3 of 3 OCTOBERNOVEMBER SuM TuW ThF SaSuM TuW ThF Sa CCFAC 12345671234 Ice PCCCH 891011121314567891011 Ice PC CC 1516171819202112131415161718 HH JPPKCC 2223242526272819202122232425 JM 30 JP 29312627282930 11.Adjournment P:\\City Council\\Council Agendas\\2017 Agenda Packets\\2017-10-16 CC Agenda.docx Meeting Date: October 16, 2017 Agenda Page 3 ALBERTVILLE CITY COUNCIL Monday, October 2, 2017 DRAFT MINUTES ALBERTVILLE CITY HALL 7:00 PM 1.CALL TO ORDER - PLEDGE OF ALLEGIANCE Mayor Hendrickson called the meeting to order at 7:02 p.m. 2.ROLL CALL Present: Mayor Hendrickson and Council members Cocking, Hudson, Olson, and Vetsch Absent: None StaffPresent: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner Al Brixius, Fire Chief Eric Bullen, and Finance Director Tina Lannes Others Present: Henry Hansen, Brian Buhl, Laurie Summerland, Bob Driver, Samara Postuma, Scott Dahlke, John and Casey Darkenwald, Laura Detzler 3.RECOGNITIONS –PRESENTATIONS –INTRODUCTIONS – None 4.PUBLIC FORUM There was no one present for the forum. 5.AMENDMENTS TO THE AGENDA Brixius asked that Item 8A be moved under 7A2 and Item 8B be moved under 7A5. Motioned by Vetsch, seconded by Cocking, to approve the Agenda as amended. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 6.CONSENT AGENDA All items under the Consent Agenda are considered to be routine by the City staff and will be enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on the Consent agenda following the approval of the remaining Consent items. These items will be approved by a separate motion. A. Approve the September 18, 2017 regular City Council meeting minutes as presented B. Authorize the Monday, October 2, 2017 payment of claims as presented, except bills specifically pulled which are passed by separate motion. The claims listing has been Page 1 Agenda Page 4 provided to City Council as a separate document and is available for public view at City Hall upon request C. Approve the Summary Ordinance 2017-07 for publication relating to establishing charges for emergency response services D. Adopt Ordinance No. 2017-08 Amending the Albertville City Code to Include New Water Meter Fees in Title 3, Chapter 1, Section 3 City Fees, Fines and Rates Schedule rd E. Accept 3 Quarter Budget to Actual Report – Un-audited rd F. Accept 3Quarter Accounts Receivable Report G. Approve the On-Sale Intoxicating Liquor and Sunday Sale Licenses for He Qi Inc. for the premises located at 6730 Laketowne Place NE contingent upon receipt of workers compensation and liquor liability insurance, receipt of complete application materials, successful results of background checks, payment of the liquor license fee, and compliance with all building and fire codes Motioned by Cocking, seconded by Hudson, to approve the Consent Agenda as presented. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. MOTION DECLARED CARRIED. 7.PUBLIC HEARINGS –None 8.DEPARTMENT BUSINESS A.Planning/Zoning 1).Zoning Ordinance Amendment to Allow for Sports Training Facilities in Industrial Districts and Conditional Use Permit Application from Nextex Properties and Shooting Stars Gymnastics at 5548 Barthel Industrial Drive NE, Suite 400 in Albertville, Minnesota Brixius reported that the ordinance amendment would allow sports training facilities in the industrials areas of the city. He reported that these facilities are becoming more popular. Staff felt that a Conditional Use Permit is necessary to protect the industrial character of the lots while meeting the needsof the sports training facilities. Brixius stated the applicant anticipates meeting the requirements for sports training facilities listed in the ordinance. Vetsch inquired about parking and Brixius stated they have the appropriate number of parking stalls. If there is a large special event, the applicant would need to accommodate parking onsite or work with an adjacent property owner for parking. Motioned by Vetsch, seconded by Hudson, to adopt Ordinance No. 2017-09 amending the I-1 and I-2 Zoning District to allow sports training facilities by conditional use permit. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Vetsch, seconded by Olson, to approve Resolution No. 2017-033 approving a Conditional Use Permit for Shooting Stars Gymnastics located at 5548 Barthel Industrial Drive, City Council Meeting MinutesPage 2 Regular Meeting of October 2, 2017 Agenda Page 5 Suite 400. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. th 2).Towne Lakes 7Addition Preliminary and Final Plat PUD Brixius reported that the City previously approved a PUD zoning and preliminary plat for Towne Lakes Phase 2 development in 2003. The applicant is pursuing a new preliminary plat as there were minor changes to some of the lots. Several lots will have reduced setbacks. The City will require the addition to apply to the Towne Lakes Homeowners Association for inclusion into the association and to adhere to the architectural standards of the association. Cocking asked about timeline for the project and Hansen replied it is weather dependent. Motioned by Cocking, seconded by Hudson, to open the public hearing. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Hendrickson called for public comment and there was none. Motioned by Cocking, seconded by Hendrickson, to close the public hearing. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Cocking, seconded by Olson, to adopt Resolution No. 2017-034 approving Towne th Lakes 7 Addition Preliminary Plat, Final Plat, and PUD Amendment. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Couri stated that he has a change to the developer’s agreement to include the placement of wetland demarcation signs. Motioned by Hudson, seconded by Olson, to Approve the Conditional Use /Planned Unit with the amendment for the developer to Development Agreement for Towne Lakes 7th Addition place wetland demarcation signs .Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Olson, seconded by Cocking, to Approve Resolution 2017-031 Vacating Portions Of Drainage And Utility Easements In Towne Lakes 5th Addition And Towne Lakes 6th Addition Within TheCity of Albertville. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. rd 3).Hunters Pass 3Addition Preliminary and Final Plat And Planned Unit Development Amendment Brixius reported the preliminary plat is consistent with what was approved in 2005. He stated the development is zoned R1-A PUD with a Shoreland Overlay District due to Hunters Lake. There are some reduced setbacks. Staff has asked to applicant to have the wetland buffer removed from the City Council Meeting MinutesPage 3 Regular Meeting of October 2, 2017 Agenda Page 6 lots and placed entirely within the outlot. Due to those changes, the applicant is now asking for the following setbacks: Front Yard: Principal Building/Garage 30 feet Porch 20 feet Side Yard:Principal Building 10 feet Garage Side 5 feet Street 30 feet Rear Yard: Lots 1, 2, 3, Block 1 10 feet Lots 3, 4, Block 2 10 feet All Other Lots 30 feet thrd Brixius reported that with both Towne Lakes 7 and Hunters Pass 3developing at the same time, th they will achieve Large Avenue NE connection to 70StreetNE.It will be a full intersection. rd Brixius reported the applicant is also seeking a name change to the plat from Hunters Pass 3 Addition to Hunters Lake Estates. One of the conditions in the resolution requires the applicant to make application to join the Hunters Pass Homeowner’s Association. The HOA doesn’t necessarily want the lots as part of the association. Brixius would like the resolution amended to remove that provision. The applicant has described the housing style they are proposing and Brixius felt it was consistent with the standard in both Towne Lakes and Hunters Pass. Cocking was concerned there would be no neighborhood control. Cocking told Hansen that he wants to see the homes fit in the style of the surrounding neighborhoods. Hansen stated the homes would be mid to high level homes, no starter homes. There would be not garage forward styles. Nafstad asked how this would be memorialized. Couri stated there was no language regarding that in the development agreement. Hansen stated he is comfortable meeting the original Hunters Pass architectural standards, possibly exceeding those standards. Couri recommended referring back to the recorded documents that list stnd the original Hunters Pass 1 and 2 Addition architectural standards. Motioned by Olson, seconded by Cocking, to adopt Resolution No. 2017-035 Hunters Pass Third Addition preliminary and final plat and planned unit development (PUD) amendment with the following amendments: 5. If accepted, all new homes shall be consistent with architectural standards of stnd Hunters Pass 1 and 2 Additions. 7. To remain at least three feet about Hunter Lake’s OHWL of 947.3, low floor elevation for all homes in the proposed development must be at 951.3 feet in elevation or higher. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Couri stated that he has a change to the developer’s agreement to include the placement of wetland demarcation signs. City Council Meeting MinutesPage 4 Regular Meeting of October 2, 2017 Agenda Page 7 Conditional Use /Planned Unit Motioned by Vetsch, seconded by Olson, to approve the Development Agreement for Hunters Lake Estates withthe amendment for the developer to place wetland demarcation signs. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. 4).Mall of Entertainment AUAR Brixius reported that the resolution before the Council is to approve the responses to the comments received on the AUAR. He stated that 22 agencies were sent the AUAR and they have received comments from Wright County, MN DOT, MPCA, City of Otsego, and the MN Historical Society. The resolution authorizes the submission of the AUAR to the EQB. th Vetsch inquired about 67Street NE access and number of lanes. Nafstad replied the plan is to have th intersection improvements to 67 Street NE and CSAH 19, but the width of the road is adequate. He thth stated that having both 67Street NE and 70Street NE to serve the Darkenwald acreage in the business park isimportant. Brixius stated the traffic study identified the immediate improvements thatareneeded for the area. Hendrickson asked if requests from the commenting agencies were requirements and Brixius replied the city is not required to implement those comments. Brixius further clarified they are not approving any street or intersection design until a development application is received. Motioned by Cocking, seconded by Hudson, to approve Resolution No. 2017-036approving responses to the AUAR comments and objectives and amendments to the AUAR document for the distribution to commenting agencies and EQB. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Hendrickson informed the developer and audience that the Albertville City Council has been diligent on improving transportation along I-94. Brixius reported that the development would like to bring the AUAR back for final approval at the first meeting in November. 5).STMA Ice Arena Expansion Bob Driver with the STMA School District was present at the meeting. Brixius informed Council that staff has not yet received the preliminary and final plat for the expansion so they cannot approve the subdivision. He asked that Council also amend the resolution vacating the easements to be contingent upon on the submission and approval of the preliminary and final plat. Brixius reported the expansion would parallel the existing building with parking to the south. He stated a lot line adjustment is needed for the expansion to sit on its own lot. There would be cross easements on both lots. He reported that the lots must be rezoned to PUD to allow for flexibilities relating to setbacks, construction, and parking. Brixius reported that all utility easements will the vacated and re-established with the new final plat. He stated that school district designers and city staff are looking at options regarding drop off location and access. City Council Meeting MinutesPage 5 Regular Meeting of October 2, 2017 Agenda Page 8 Nafstad indicated the documents the City has received are being modified in regards to stormwater and utilities, the driveway entrance, and design details. They are hoping for fall construction. Brixius gave an overview of the landscaping and fencing requirements. Olson would like to see a different location of for the trash enclosure rather than in the front of the building, clarified that the word “entrance” will not be on the south side of the building, and expressed concerns with the external stairway due to liability.He would like to see the stairs covered or incorporated internally in the building. Nafstad and Couri clarified the expansion will be onschool district property that is conveyed to the school and it would be covered under the school’s insurance policy. Motioned by Cocking, seconded by Olson, to open the public hearing. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: Nays. Absent: None. MOTION DECLARED CARRIED. Hendrickson called for public comment and there was none. Motioned by Cocking, seconded by Olson, to close the public hearing. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Hudson, seconded by Olson, to adopt Ordinance Number 2017-10 changing the zoning on the Ice Arena site from B-3 to PUD. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Cocking, seconded by Olson, to Approve Resolution 2017-032 Vacating All Drainage nd And Utility Easements In Lot 1, Block 1, Barthel Commercial Park 2 Addition And Lot 1, Block rd 1, Barthel Commercial Park 3Addition Within The City Of Albertvillecontingent upon final plat approval from the City and insertion of the legal description of plat. Ayes: Hendrickson, Cocking, Hudson, Olson Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Motioned by Olson, seconded by Hendrickson, to approve Resolution Number 2017-038 approving the Site and Building Plans for the STMA Ice Arena Expansion. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. B.City Council 1).Committee Updates - Recent Meetings: Joint Powers Water Board Vetsch reported that the Board is looking at painting the water tower that doesn’t have a logo or statement painted on it. Some residents have asked to have “STMA Knights” painted on it. He stated that Hanover would not pay for that, so the Board would like to see the cities pay for it. Hendrickson felt water towers represent each community. Cocking inquired about the cost and Vetsch stated approximately $15,000, but to keep in mind it would be a recurring cost. It would have to be brought to the Councils of Hanover, St. Michael and Albertville. City Council Meeting MinutesPage 6 Regular Meeting of October 2, 2017 Agenda Page 9 Parks Committee Nafstad reported the committee had a lengthy meeting where they focused on improvements for Westwind Park and design for Central Park. He presented the preliminary design for the park. Olson inquired if the City could create more open water in the wetland area and Nafstad replied they could look into. He stated the improvements are slated for spring 2018. Hendrickson would like a thank you letter send to the MN DNR for the match grant dollars going towards this project. Nafstad reported the depot is under construction in Central Park. He presented a graphic of the proposed improvements to be made to Central Park. He statedthe Parks Committee has struggled with the design and location of certain elements within the parks such as walking trails, ride location, driveway and entrance(s). Brixius reported that the entrances were angled to both the south and the north with wrought iron components in order to give visibility up and down Main Avenue NE. The center drive located off of Main Avenue NE is for truck traffic with gates that can be closed. Vetsch stated the Parks Committee wants to keep the park functional for the Farmers Market and Albertville Friendly City Days(AFCD). Brixius explained that Central Park has become an event center rather than a playground. Brixius explained the changes that have been made to the design concept. Cocking felt that the elements along Main AvenueNE are important and he wants to get the design right as it has the potential to define and/or characterize the City of Albertville. He felt the design is focusing too much on the annual AFCD event that is only for a few days rather than the park as a whole. Brixius felt the design is multifaceted and can accommodate all events: AFCD, Music in the Park, and the Farmers Market. Brixius felt that they can be flexible with the landscape. Hendrickson felt the entrance arch is necessary to the design. Cocking inquired if the AFCD trucks delivering the amusement rides can enter through an alternate route rather than off of Main Avenue NE. Olson inquired about the timeline for the improvements. Nafstad felt they need to determine what they want in place prior to the centennial celebration in 2019. He has concerns about construction timing if they must work around AFCD and the Farmers Market. He stated that 58th Street NE is not slated for improvements, but they may need to complete it if parking is removed in the park. He stated the Parks Committee felt that the plaza was priority, but Council felt the streetscape was priority when discussed previously. Hendrickson felt there is a lot of park land to accommodate the Farmers Market during construction. Olson inquired about funding and Nafstad replied it would be city funds, or capital reserve, as park th funds are mostly depleted. Olson felt 58Street NE does need to be paved and there could be more stalls created if striped differently. Hendrickson felt a splash pad should be considered and Nafstad stated the Parks Committee discussion have not included a splash pad.. City Council Meeting MinutesPage 7 Regular Meeting of October 2, 2017 Agenda Page 10 The Council discussed purchasing a lot near Central Park for park expansion and the realignment of th 58Street NE and Lander Avenue NE. The Parks Committee hahad discussed the possible purchase th of the parcels on the south side of 58Street. The Council questioned the need to purchase the parcels at this time. Brixius stated the Council had previously approved the Central Park Master Plan which stressed the streetscaping. Functionality of the park is where there seem to be conflict.However, Brixius will relay to the Parks Committee that the Councilprioritizes the streetscaping. Nafstad statedthe th streetscape and 58Street NE go hand-in-hand due to the fact that parking will be lost when the streetscape is installed. C.Fire –None D.Finance –None E.City Clerk –None F.Public Works/Engineering –None G.Building –None H.Legal - None I.Administration 1).City Administrator’s Update Nafstad stated the BNSF railroad is working to close CSAH 37 for track repair and that will occur th within the next two weeks. Olson inquired about the timing of when CSAH 19 and 57Street NE will switch to a four way stop during construction. 9.ANNOUNCEMENTS AND/OR UPCOMING MEETINGS October 9 STMA Ice Arena Board, 6:00 p.m. October 10 Planning Commission, 7:00 p.m. October 16 City Council, 7:00 p.m. October 23 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. October 30 Joint Governance Meeting, 6:00 p.m. November 6 City Council, 7:000 p.m. November 9 City Hall Closed, Observance of Veterans Day November 13 STMA Ice Arena Board, 6:00 p.m. November 14 Planning Commission, 7:00 p.m. November 20 City Council, 7:00 p.m. November 23 City Hall/Public Works Closed, Thanksgiving November 27 Joint Powers Water Board, 6:00 p.m. Parks Committee, 8:00 p.m. 10.ADJOURNMENT City Council Meeting MinutesPage 8 Regular Meeting of October 2, 2017 Agenda Page 11 Motioned by Cocking, seconded by Hudson, to adjourn the meeting at 9:05 p.m. Ayes: Hendrickson, Cocking, Hudson, Olson and Vetsch. Nays: None. Absent: None. MOTION DECLARED CARRIED. Respectfully submitted, ___________________________________ Kimberly A. Hodena, City Clerk City Council Meeting MinutesPage 9 Regular Meeting of October 2, 2017 Agenda Page 12 Mayor and Council Request for Action October 12, 2017 SUBJECT: C-F–PB ONSENT INANCEAYMENT OF ILLS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTIONTO: Authorize the Monday, October 16, 2017 payment of the claimsas presented except the bills specifically pulled, which are passed by separate motion.The claims listing has been provided to Council as a separate document. The claims listing is available for public viewing at City Hall upon request. BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved through their respective departments and administration and passed onto the City Council for approval. KEY ISSUES: Account codes starting with 810 are STMA Arena Expenses/Vendors (bolded)and key issues will be presented in the claims listingdocument. POLICY/PRACTICESCONSIDERATIONS: It is the City’s policy to review and approve payables on a semi-monthly basis. FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of payments presented. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner, generally within 30 days unless one party determines to dispute the billing. Responsible Person: Tina Lannes, Finance Director Submitted through: Adam Nafstad, City Administrator-PWD Attachment: List of Claims(under separate cover) .docx P:\\City Council\\Council Packet Information\\2017\\101617\\2017-10-16 Finance Bills Report (RCA) Meeting Date:October 16, 2017 Agenda Page 13 Mayor and Council Request for Action October 12, 2017 SUBJECT: C - PW-MUB ONSENTUBLIC ORKS EMORANDUM OF NDERSTANDING ETWEEN WCCAPS RIGHT OUNTY AND THE ITY OF LBERTVILLE TO URCHASE ALT FOR THE 2017-2018SIRS NOW AND CE EMOVALEASON RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following: MOTIONTO: Approve the Memorandum of Understanding between Wright County and the City of Albertville for the Purchase of Salt for the 2017-2018 Snow and Ice Removal Season at a cost of $64.29 per ton, which is subject to fuel escalation. BACKGROUND: Since 2006, the City of Albertville has purchased salt from Wright County. Public Works loads the salt at the Wright County Maintenance Facility in Otsego on an as needed basis. Reimbursement for the salt is based on the predetermined price per ton and the quantity hauled. KEY ISSUES: The County facility is nearby and convenient. Bulk purchasing allows for reduced material and shipping costs. The City has limited salt storage capabilities/facilities. POLICY CONSIDERATIONS: It is City policy for Council to review and approve all service and purchasing agreements. FINANCIAL CONSIDERATIONS: The City annually budgets for ice control. The annual cost of snow and ice removal is weather dependant and varies with each season. The unit price of the saltfor the 2017-2018 seasonis $64.29 per ton, plus fuel escalation if applicable.This is approximately $14.04 less per ton than the previous season. Total annual cost is based on quantity of salt used. LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve purchasing agreements for the City. Responsible Person/Department: Tim Guimont, Public Works Supervisor Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: 2017-2018 Wright County Memorandum of Understanding P:\\City Council\\Council Packet Information\\2017\\101617\\2017-10-16 Memo of Understanding for Salt Purchase RCA.docx Meeting Date: October 16, 2017 Agenda Page 14 Agenda Page 15 Agenda Page 16 Agenda Page 17 Mayor and Council Request for Action October 12, 2017 SUBJECT: C-PW/WWTP–PFGS ONSENT UBLIC ORKSROPOSAL OR EOTECHNICAL ERVICES RECOMMENDATION: This space on the agenda is reserved for the City Council to consider the following: MOTION TO: Approve the September 27, 2017 proposal of American Engineering Testing, Inc. in the amount not-to-exceed $30,780 for geotechnical services. INFORMATION : The attached proposal is for soil borings and geotechnical services as part of the preliminary engineering for the city’s wastewater treatment facility improvements. The work generally includes 33 test borings, lab testing of soil samples, and a report on the findings. This information is necessary both for design of the improvements and construction bidding. Two (2) proposals were received, with American Engineering, Inc.’s quote being the lowest in the amount of $30,780. FINANCIAL CONSIDERATIONS: The costs associated withgeotechnical serviceswill be paid with Sewer Access Funds. Department/Responsible Person: Adam Nafstad, City Administrator-PWD John Middendorf, Water/Wastewater Supervisor Submitted Through: Adam Nafstad, City Administrator-PWD Attachment: September 27, 2017 American Engineering Testing, Inc. Proposal On file: Proposals received (2) P:\\City Council\\Council Packet Information\\2017\\101617\\WWTP Upgrade - Geotech Proposal RCA.doc . Meeting Date: October 16, 2017 Agenda Page 18 CONSULTANTS ENVIRONMENTAL GEOTECHNICAL MATERIALS FORENSICS September 27, 2017 Bolton & Menk, Inc. 2638 Shadow Lane, Suite 200 Chaska, Minnesota 55318 Attn: Mr. Jeffrey J. Weyandt, PE RE: Proposal for Geotechnical Services Wastewater Treatment Plant Upgrade and Discharge Piping Albertville, Minnesota AET Proposal No. 20-16134 Dear Mr. Weyandt: American Engineering Testing, Inc. is pleased to offer you subsurface exploration and geotechnical review services for the above-referenced project. This proposal is being submitted per your request dated September 20, 2017. This proposal defines our scope of services, presents you with an estimate of our fee, the anticipated schedule, and other information regarding our services. Purpose of Study The purpose of these geotechnical services is to explore the subsurface conditions at the site, and based on our characterization of the obtained data, to prepare a geotechnical engineering report presenting comments and recommendations to assist you and your project team in planning and construction. Project Information The City of Albertville (City) is proposing to construct a new lift station at the existing wastewater treatment plant and a combination of forcemain and gravity sewer to convey treated wastewater from the plant to the Mississippi River to the north.Bolton & Menk will be the project design engineer. rd The pipe route will travel from the east from the wastewater treatment plant along 63 Street NE, th then north on Maciver Avenue NE, west on 70 Street NE (County 38), north on Labeaux Avenue th NE (County 19), east on 95 Street NE (County 39), and then north to the Mississippi River. The th alignment north of 95 Street NE has yet to be determined. The geotechnical exploration field services scope is to be performed in two phases as follows: th Phase 1 – Borings 1A and 1 through 22 (all borings south of 95 Street NE) th Phase 2 – Borings 23 through 32 (borings along and north of 95 Street NE) 550 Cleveland Avenue NorthSt. Paul, MN 55114 Phone 651-659-9001Toll Free 800-972-6364Fax 651-659-1379www.amengtest.comAA/EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. Agenda Page 19 Bolton & Menk, Inc. – Albertville Wastewater Treatment Plant Upgrade and Discharge Piping September 27, 2017 AET Proposal No. 20-16134 Page 2 of 6 Scope Fieldwork As requested by you, our subsurface exploration program will consist of the following: Submit Minnesota Department of Health (MDH) well notifications. Based on the current alignment, we anticipate submitting a total of 7 MDH well notifications: Albertville WWTP, rdth 63 Street NE, Maciver Avenue NE, 70 Street NE (County 38), Labeaux Avenue NE thth (County 19), 95 Street NE (County 39), and single parcel north of 95 Street NE to Mississippi River. A discussion of the updated MDH notification process can be found below. Obtain City of Albertville, City of Otsego, and Wright County right-of-way permits. Arrange clearance of underground public utilities through the Gopher State One Call system. Perform 33 standard penetration testing borings (ASTM: D1586) to the following minimum depths: Borings 1A and 28 through 32: 40 feet o Borings 1 through 27: 20 feet o In the event that unsuitable (soft or organic) soils are encountered, the borings will o be advanced a minimum of 5 feet into suitable soils, or a 40-foot maximum depth for borings 1 through 27 and a 60-foot maximum depth for borings 1A and 28 through 32. Provide traffic control as required, including flagging operations with a 2-person crew where needed. Based on our site reconnaissance, flagging operations will likely be required for the thth Street NE (County 38), Labeaux Avenue NE (County 19), and 95 Street borings along 70 NE (County 39). Seal the boreholes per MDH requirements. Obtain county coordinates at the as-drilled boring locations. Obtain surface elevations at the boring locations based on benchmarks provided by Bolton & Menk. Bolton & Menk will provide an elevation reference point (e.g. benchmark) near each boring location and either stake the approximate boring location, or provide a map with GPS coordinates for each approximate boring location. Based on our knowledge of the project site, the borings are planned to be drilled with either a truck- mounted drill rig or an all-terrain drill rig depending on the access. Borings will be offset when site conditions or utilities do not allow drill rig access. We estimate that the borings would be completed in 8 rig working days (e.g. working days for a single drill rig). Agenda Page 20 Bolton & Menk, Inc. – Albertville Wastewater Treatment Plant Upgrade and Discharge Piping September 27, 2017 AET Proposal No. 20-16134 Page 3 of 6 Soil Laboratory Testing Our services will include mechanical laboratory testing of selected soil samples to aid in judging engineering properties of the soils, which will include moisture content testing of cohesive soils encountered and a total of 50 sieve analysis tests (gradation only) on waterbearing soils. We have estimated a laboratory testing budget of $4,300.00 for this project. If conditions are encountered which indicate the laboratory program should be expanded for proper evaluation, we will review the recommended tests and associated cost with you prior to proceeding. Engineering Report Following the field and laboratory work, a formal engineering report will be prepared and submitted. This report will include logs of the test borings, the laboratory test results, a review of engineering properties of the on-site soils, and our geotechnical engineering opinions and recommendations regarding the following: Recommendation for foundation support of the lift station. Backfilling procedures for lift station and underground utilities, including pipe bedding, backfill material types, and compaction requirements. Comments on the soil and groundwater conditions concerning construction techniques and construction dewatering. Comments on other items which may affect final performance or constructability, such as frost heave and drainage considerations. The scope of services defined in this proposal is intended for geotechnical purposes only. This scope is not intended to explore for the presence or extent of environmental contamination at the site. However, we will note obvious contamination encountered which can be detected by human sight or smell sensing. Fees Our services will be performed on a lump sum basis. For the scope described above, we estimate the following charges: Geotechnical Services – Phase I Utility Clearance $ 400.00 MDH Notifications – 5 at $140 per notification $ 700.00 Right of Way Permits $ 450.00 Mobilization, Drilling and Sampling 23 borings for 480 lineal feet of drilling $ 9,200.00 Traffic control and 2-person flagging crew (3 days) $ 4,000.00 Laboratory Testing – 30 sieve analyses $ 2,500.00 Agenda Page 21 Bolton & Menk, Inc. – Albertville Wastewater Treatment Plant Upgrade and Discharge Piping September 27, 2017 AET Proposal No. 20-16134 Page 4 of 6 Boring Classification and Log Preparation $ 1,000.00 Geotechnical Report $ 750.00 Phase I Estimated Subtotal: $19,000.00 Geotechnical Services – Phase 2 Utility Clearance $ 400.00 MDH Notifications – 2 at $140 per notification $ 280.00 Right of Way Permits $ 350.00 Mobilization, Drilling and Sampling 10 borings for 300 lineal feet of drilling $ 6,150.00 Traffic control and 2-person flagging crew (1 day) $ 1,400.00 Laboratory Testing – 20 sieve analyses $ 1,800.00 Boring Classification and Log Preparation $ 650.00 Geotechnical Report $ 750.00 Phase 2 Estimated Subtotal: $11,780.00 We will establish $30,780.00 as a not-to-exceed lump sum fee for the geotechnical borings , with additional drilling beyond a total lineal footage (SPT borings) of 780 feet performed at a cost of $24.00 per foot for borings drilled up to 50 feet below grade, and $28.00 per foot for boring advancement greater than 50 feet below grade. If the services of a private utility locator are required for individual parcels or boring locations, we will obtain an estimate and review it with you for approval before proceeding. In the event the scope of our work needs to be revised due to unanticipated conditions or for proper evaluation, we will review such adjustments and the associated fees with you; and receive your approval before proceeding. Minnesota Department of Health Fees Effective July 1, 2017, the Minnesota Department of Health (MDH) has changed the borehole sealing and notification requirements. For sites where borings are drilled to a depth of 15 feet or deeper, all licensed drilling companies are required by law to submit written notification to the MDH prior to drilling along with a fee of $75. If one or more of the boring depths vary by 25 feet, or more, the MDH requires an additional written notification and fee of $75 per boring. Projects that span multiple properties will require multiple notifications. The MDH also requires that these borings be grouted and that a Sealing Record be submitted to the MDH, with a copy to the property owner, after the borings are completed. The above fee estimate for our geotechnical services includes the MDH Agenda Page 22 Bolton & Menk, Inc. – Albertville Wastewater Treatment Plant Upgrade and Discharge Piping September 27, 2017 AET Proposal No. 20-16134 Page 5 of 6 fee for the proposed scope of drilling; however, because final boring depths can change, for example, due to possible unanticipated poor soil conditions, the final MDH fee (including an administrative charge of $65 per notification) will be added, if necessary, to our final invoice to you. The MDH Sealing Record requires the Property Owner name and mailing address (the Property Owner will also receive a copy of the Sealing Record). Please provide this information below for each Property Owner where borings will be performed. Property Owner’s name/company name: ______________________________________________________ Property Owner’s mailing address: ______________________________________________________ Schedule Weather permitting, we anticipate drilling operations can be performed within approximately 2 weeks of receiving authorization to proceed. Verbal results of the drilling activities can be obtained shortly after completion of the drilling services. We anticipate the geotechnical report can be prepared within about 8 to 10 working days after completion of the field work. We understand that the boring logs for Phase I are due by November 6, 2017. The final geotechnical th report is requested by December 4, 2017, provided the route north of 95 Avenue NE has been established and access permission has been obtained by Bolton & Menk and the City of Albertville. We are available to review additional special schedule needs with you. Terms and Conditions Unless a different contract agreement is presented and agreed upon, our services will be performed per the Master Subconsultant Agreement for Professional Services by Work Order for Multiple Clients between Bolton & Menk, Inc. and American Engineering Testing, Inc. Amendment 1 – dated December 12, 2014. Acceptance We are submitting this proposal for acceptance. When it is accepted, we ask that a copy be signed by an authorized representative of the party responsible for payment for these services, and that the signed copy be returned to us as authorization to proceed. Agenda Page 23 Agenda Page 24 Mayor and Council Request for Action October 12, 2017 SUBJECT:P-C’CWBPC LANNING IELOSAR ASH SITE AND UILDING LAN AND ONDITIONAL UPMAROSC SE ERMITFOR INOR UTO EPAIR AND UTDOOR TORAGE OF OMPANY T RUCKS RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the following: MOTION TO: a Approve Resolution No. 2017-039 forSite and Building Plan and Conditional nd Use Permit for aCar Wash and Auto Detail Located at 11850 62Street NE within the City of Albertville. BACKGROUND: Cielo Property, LLC has filed an application for site and building plan review and a conditional use permit for minor auto repair and outdoor storage of company trucks nd onproperty located at 11850 62Street NE in Albertville. The site previously contained Heidi's Gas Sales and Market and Liquor Store. The site has been vacant for years. Cielo Property, LLC is proposing to reopen the car wash and renovate the building to perform car detailing in a portion of the building. The former liquor store would be converted to office or service tenant space. Through this conversion, the existing gas canopy, pump islands, and underground tanks will be removed. KEY ISSUES: Zoning. The site is zoned B-3, Highway Commercial Zoning District. Auto detailing would fall under the definition of minor auto repair which, along with a car wash and outdoor storage is allowed as a conditional use in the B-3 Zoning District. Office, service, and retail businesses are each permitted uses within this district. Removals. The applicant must remove the following: Gas canopy Gas pumps and pump islands Underground gas tanks Freestanding sign located along the south property line is outside of the property boundaries Building Design. The applicant proposes to use the existing building with the following modifications: 1.New overhead doors at the front of the building to provide automobile access to the building's interior. 2.New canopy and signs. Cielo Car Wash – Site and Building Planand CUP Meeting Date: October 16, 2017 Agenda Page 25 Mayor and Council Request for Action – October 16, 2017 Cielo Car Wash Page 2 of 2 In review of the building plan, the following conditions will be required: 1.With the change of building use, the entire building shall meet Building and Fire Code requirements. The entire building will require a fire suppression system. 2.All wall, canopy, and awning signs shall comply with the City's sign regulations. 3.All business operations shall be conducted within the building or the car wash. Parking. The existing building is 5,000 square feet. The building uses by code require a total of 18 parking stalls. In addition to the required parking, the applicant is proposing to store his company trucks on site. A new site plan has been revised to illustrate location and dimension of the required parking and service vehicle storage. Summary of conditional use permit –Minor auto repair and outdoor storage of service vehicles. The applicant is seeking a conditional use permit to allow a car wash and auto detailing service as well as company vehicle storage onsite. Conditional use permit approval will be conditioned on the following: 1.Revise the site plan showing location and design of all required parking stalls. 2.Provide detail of the parking lot restoration upon removal of the gas tanks. 3.All parking stalls shall be properly dimensioned and striped on site. 4.Company truck parking shall be identified on the site plan. Said truck parking shall be located at the rear of the building in designated parking stalls. 5.The parking plan must provide required disability parking and signs. POLICY/PRACTICESCONSIDERATIONS: In accordance with State Law, public notice was published and a public hearing held on Tuesday October 10, 2017 by the Planning Commission for the site and building plan and the conditional use permit. The Commission recommended that the City Council approve the application based on the findings and recommendations of the October 5, 2017 Planner’s Report. FINANCIAL CONSIDERATIONS: The applicant shall be responsible for all costs associated with the site and building plan and conditional use permit. There are no significant financial issues related to the site and building plan and conditional use permit. LEGAL CONSIDERATIONS: In accordance with Council procedures, the Mayor and Council have the authority approve the site and building plan, grant the conditional use permit, which requires a majority vote of the City Council and becomes effective upon publication. Responsible Person/Title: Alan Brixius, City Planner Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: Resolution No. 2017-039 Planning Report dated October 5, 2017 Cielo Car Wash – Site and Building Plan and CUP Meeting Date: October 16, 2017 Agenda Page 26 CITY OF ALBERTVILLE COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2017-039 RESOLUTION APPROVING A SITE AND BUILDING PLAN AND CONDITIONAL USE PERMIT FOR A CAR WASH AND AUTO DETAIL nd LOCATED AT 11850 62STREET NE WITHIN THE CITY OF ALBERTVILLE WHEREAS, Cielo Property LLC has submitted an applicationfor a site and building plan and conditional use permit for a car wash and auto detail service center at the property located at nd 1185 62Street NEwithParcel Identification number 101-500-361403;and WHEREAS, City Staff has reviewed submitted plans and prepared a planning report dated September 5, 2017; and WHEREAS, the Albertville Planning and Zoning Commission met and held a public hearing on October 10, 2017, to consider the applicationfor a site and building plan and conditional use permit; and WHEREAS, upon considering the application materials, the October 5, 2017 planning report, and public testimony the Planning Commission closed the public hearing and recommended that the City Council approve the site and building plan and approve the CUP based on the submitted plans on a vote of 5 to 0 with conditions of the October 5, 2017 planning report as amended by the Planning Commission; and WHEREAS, the AlbertvilleCity Council met on October 16, 2017 to consider the site and building plan and conditional use permit applications; and WHEREAS, the Albertville City Council has received Cielo Property LLC’s application materials including a site plan; staff review documents;the Planning Commission recommendation; and agrees with the findings and recommendation of the Planning Commission and the October 5, 2017 planning report. NOW, THEREFORE BE IT RESOLVED, that the City Council of Albertville, Minnesota hereby approves the site and building plan and conditional use permit for a car wash and auto detail service center based on the plans dated September 11, 2017 and the revised site plan dated October 12, 2017 subject to the following conditions. 1.The applicant cause to have the following items removed from the site. a.Gas canopy. b.Gas pumps and pump islands. c.Gas storage tanks. d.Free standing sign located south of the site in the street right-of-way. Agenda Page 27 City of Albertville, MN Meeting of October 16, 2017 Resolution No. 2017-039 Page 2 2.The applicant provide a site restoration plan that includes: a.Documentation that the gas tanks left no contaminants. b.Restoration plan for the parking lot including fill, compaction, and parking lot surfacing. Said plan shall be subject to the approval of the City Engineer. 3.The applicant improve the parking area and stripe the parking lot in accordance with the revisedsite plan received October 12, 2017 illustrating the location and design of required parking as follows: a.Provide a minimum of 18 parking stalls to be constructed and striped to meet City Code. b.Provide required disability parking for the site that meets ADA design standards. c.Site plan show the location and number of company trucks stored on the site. Truck storage shall be at the rear of the building. d.The revised site plan shall shows the outdoor storageis limited to six (6) company vehicle stalls delineated and stripped and located at the rear of the building. No other outdoor storage or sales display is approved for the property with this conditional use permit. e.All parking lot striping shall be inplace prior to issuance of the certificate of occupancy. f.If additional exterior lighting is proposed, provide a light plan and all new lights must be 90-degree cutoff fixtures and meet City Code standards. 4.The building design shall comply with all Building and Fire Code requirements for the change of occupancy. This includes the need for a fire suppression system. 5.All site signage shall require separate sign permits and shall meet City Codes. 6.Subject to the comments of the City Engineer. th Adoptedby the AlbertvilleCity Council this 16 Day of October, 2017. ___________________________________ Jillian Hendrickson, Mayor ATTEST: ___________________________________ Kimberly A. Hodena, City Clerk Agenda Page 28 PLANNING REPORT TO: Adam Nafstad FROM: Alan Brixius DATE: October 5, 2017 RE: Albertville – Cielo Car Wash and Detailing FILE NO: 163.06 – 17.11 BACKGROUND Cielo Property LLC has filed an application for site and building plan review and a conditional use permit forminor auto repair andoutdoor storage of company trucks on nd property located at 1185 62Street NE in Albertville. The site previously contained Heidi’s Gas Sales and Market and Liquor Store. The site has been vacant for some years. Cielo Property LLC is proposing to reopen the car wash and renovate the building to perform car detailing ina portion of the building. The former liquor store would be converted to office or service tenant space. Through this conversion, the existing gas canopy, pump islands, and underground tankswill be removed. Attached for reference: Exhibit A:Site Survey Exhibit B:Site Plan Exhibit C:Floor Plan Exhibit D:Front Elevation ISSUES AND ANALYSIS Zoning. The site is zoned B-3, Highway Commercial Zoning District. Auto detailing would fall under the definition of minor auto repair which, along with a car wash, is allowed as a conditional use in the B-3 Zoning District. Office, service, and retail businesses are each permitted uses within this district. 6 Agenda Page 29 Lot Area Standards. The site is 1.34 acres in area, which exceeds the lot area requirements for a minor auto repair facility. The existing buildings meet the B-3 District setbacks. Removals. The applicant must remove the following: 1.Gas canopy. 2.Gas pumps and pump islands. 3.Underground gas tanks. 4.Freestanding sign located along the south property line is outside of the property boundaries. Due to the length of vacancy of Heidi’s operation, it is no longer a protected grandfathered condition and must be removed. With the removals, the applicant must provide documentationto the City that the tank removal left no contaminants and a plan for restoration of the front parking lot, including fill materials, compaction, and parking lot design for review and approval of the City Engineer. Parking. The existing building is 50 feet by 100 feet or 5,000 square feet for the first floor. The building floor plan illustrates that the auto detailing will comprise approximately 70% of the building. Based on the proposed building floor plan, the following parking is required: Auto Repair: Eight spaces plus one additional space for each 800 square feet over 1,000 square feet 3,500SFX .9 = 3,150 – 1,000 = 2,150 ÷ 800 = 3 + 8 = 11 required parking stalls Office/Retail/Service Business: One parking stall per 200 square feet of floor area 1,500SFX .9 = 1,350 ÷ 200 = 7 required parking stalls The building uses by code require a total of 18 parking stalls. In addition to the required parking, the applicant is proposing to storehis company trucks on site. The new site plan must be revised to illustrate location and dimension of the required parking. This plan must also provide one disability parking stall that meets ADA standards for dimension, design, and signage. Conditional use permit approval will be conditioned on the following: 1.Revise the site plan showing location and design of all required parking stalls. 2. Provide detail of the parking lot restoration upon removal of the gas tanks. 3.All parking stalls shall be properly dimensioned and striped on site. 7 Agenda Page 30 4.Company truck parking shall be identified on the site plan. Said truck parking shall be located at the rear of the building in designated parking stalls. 5.The parking plan mustprovide required disability parking and signs. Building Design. The applicant proposes to use the existing building with the following modifications: 1.New overhead doors at the front of the building to provide automobile access to the building’s interior. 2.New canopy and signs. In review of the building plan, the following conditions will be required: 1.With the change of building use, the entire building shall meet Buildingand Fire Code requirements. The entire building will require a fire suppression system. 2.All wall, canopy, and awning signs shall comply with the City’s sign regulations. 3.All business operations shall be conducted within the building or the car wash. CONCLUSION The applicant is pursuing a conditional use for minor auto repair and outdoor storage of company vehicles. These uses are allowed within the B-3 District. This application provides the opportunity to renovate a vacant building. Based on our review, staff recommends approval subject to the following conditions: 1.The applicant remove the following items: a.Gas canopy. b.Gas pumps and pump islands. c. Gas storage tanks. d.Free standing sign located south of the site in the street right-of-way. 2.The applicant provide a site restoration plan that includes: a.Documentation that the gas tanks left no contaminants. b.Restoration plan for the parking lot including fill, compaction, and parking lot surfacing.Said plan shall be subject to the approval of the City Engineer. 3.The applicant providea revised site plan illustrating the location and design of required parking as follows: 8 Agenda Page 31 a.Provide a minimum of 18 parking stalls to be constructed and striped to meet City Code. b.Provide required disability parking for the site that meets ADA design standards. c. Site plan show the location and number of company trucks stored on the site. Truck storage shall be at the rear of the building. d.All parking lot striping shall be in place prior to issuance of the certificate of occupancy. e.Ifadditional exterior lighting is proposed, provide a light plan and all new lights must be 90 degree cutoff fixtures and meet City Code standards. 4.The building design shall comply with all Building and Fire Code requirements for the change of occupancy.This includes the need for a fire suppression system. 5.All site signage shall require separate sign permits and shall meet City Codes. 6.Subject to the comments of the City Engineer. c: Kimberly Hodena Maeghan Becker Paul Heins Mike Couri Applicant – tsalgado@cielocleaningco.com Sheila Zachman 9 Agenda Page 32 QSPQPTFE!EFUBJMJOH!TIPQ TJUF!QMBO Page 33 Agenda Mayor and Council Request for Action _____________________________________________________________________________ October 12, 2017 SUBJECT:A–MNDNRGWPI DMINISTRATIONRANT FOR ESTWIND ARK MPROVEMENTS RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider the following motion: MOTION TO: Approve the MN DNR matching grant in the amount of $150,000 for improvements to Westwind Park located at 10687 Kalland Drive NE. BACKGROUND: The City of Albertville has received a matching grant in the amount of $150,000 for improvements to Westwind Park. Preliminary design has been started for this project and the total cost for the park improvements is estimated to be approximately $347,000. Park improvements will include a boardwalk, new play equipment, a shelter, benches, green space, sand play area and more. LEGAL CONSIDERATIONS: The City Attorney has reviewed the grant agreement and has identified the following items that the City should consider. The City Attorney does not have any recommended changes at this time. 1.This is a matching grant. The City will need to spend $150,000 in local funds in order for the MN DNR(the DNR) to contribute the full $150,000 grant amount. 2.The City is limited to no more than four payment requests. 3.The City must comply with the competitive bidding law and bid the project if it exceeds $100,000. 4.The City must pay prevailing wages for the project that is subject to the grant. 5.The City must indemnify, defend and hold the State of Minnesota (the State) harmless from any claims arising from the grant contract. This means the City must pay the State’s attorney’s fees in the event of such a claim. 6.The Government Data Practices Act applies to this contract, but before releasing any information requested under the Data Practices Act, the City must inform the State and wait for the State to instruct the City how to proceed. 7.Paragraph 10.2 grants the State ownership in all intellectual property created and paid for under this contract. The City must make sure that all contracts it has with anyone designing the park, engineering the park, etc. reflect this clause and transfer ownership rights in such documents to the State upon payment for such services. P:\\City Council\\Council Packet Information\\2017\\101617\\2017-10-16 DNR Grant for Westwind Park.docx Meeting Date:October 16, 2017 Agenda Page 34 Mayor and Council Request for Action – October 16, 2017 MN DNR Grant for Westwind Park Page 2 of 2 8.The City has to post a sign at the site stating that the State is funding this project.Any publicity regarding the project must identify the State as a sponsoring agency of the project and must be approved by the State prior to releasing such publicity. 9.The State can terminate this contract for any reason on 30 days’ notice. I suggest that our bidding documents and proposed construction contract allow the City to terminate the construction contract if the State terminates this contract. 10.The project must be designed consistent with the Americans with Disabilities Act. 11.The City agrees that Westwind park shall be used by the City solely for public outdoor recreational use in perpetuity.If the City wishes to change this use at any time in the future, it must first obtain the written consent of the State and the National Park Service.The City will need to file a deed restriction on the park title at the County Recorder’s Office to this effect. 12.Attachment B is not explicitly made part of the contract, but it is a list of federal requirements that the State must follow.The contract does have language requiring the City to comply with all federal requirements, so it appears that the City will have to comply with Attachment B.This Attachment refers to a multitude of federal laws, many of which are obscure. I have not checked each of these laws under the assumption that the State has already incorporated the more important of these in the main body of the contract. Certain particular provisions that may be of concern to the City are noted in the following paragraphs of this email. 13.Attachment B, Part III, C.12 contains requirements related to awarding contracts to small business, women and minority owned businesses. The City should be cognizant of these policies and requirements. 14.Attachment B, Part III, H requires the Cityto require employers (which may mean the contractors working on the park under this grant) to post drug free notices and comply with other drug prevention requirements. These are fairly detailed and may need to be made part of the construction contract. I suggest talking with the DNR to get further direction on the requirements of this paragraph. 15.Attachment B, Part III, M requires the City to inform employees of Federal whistleblower rights and paragraph N requires certain reporting be done regarding executive compensation. As with paragraph H above, I suggest talking to the DNR for more direction on how to implement this requirement. FINANCIAL CONSIDERATIONS: The local match will come from the current park budget and parks capital reserves. Submitted Through: Adam Nafstad, City Administrator-PWD Attachments: DNR Grant Agreement P:\\City Council\\Council Packet Information\\2017\\101617\\2017-10-16 DNR Grant for Westwind Park.docx Meeting Date: October 16, 2017 Agenda Page 35 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources ("STATE") and City of Albertville, 5959 Main Avenue NE, Albertville, MN 55301 ("GRANTEE"). Recitals 1.Pursuant to Minn. Stat. § 84.0264, the state is empowered to receive and administer grants under the Land and Water Conservation Fund grant program authorized by Congress in the Land and Water Conservation Fund Act of 1965, as amended, and the Local Grants program authorized by the State of Minnesota. Fifty percent of the funds granted under subdivision 1 shall be distributed for projects to be acquired, developed, and maintained by local units of government, providing that any project approved is consistent with a statewide or a county or regional recreational plan and compatible with the statewide recreational plan. All money received by the commissioner for local units of government is appropriated annually to carry out the st purposes for which the funds are received and Under Minn. Laws 2015, 1 Special Session, Chapter 4, Article 3, Section 3, Subd. 5 the State has allocated funds to provide park and trail grants to local units of government. 2.The Grantee has made application to the State for a portion of the allocation for the purpose of conducting the project entitled Westwind Park. 3.The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd.1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1Term of Grant Contract Effective date: 1.1 September 25, 2017, Per MN Statute 16B.98, Subd. 5 and Subd. 7, this contract is not valid and no payments will be made to the Grantee until this grant contract is fully executed, however, eligible expenses may be incurred as of September 25, 2017. Expiration date: 1.2 December 31, 2019, or until all obligations have been satisfactorily fulfilled, whichever occurs first. Survival of Terms. 1.3 The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue, 15 Data Disclosure, 19 Resource Management and Protection, 23 Land Retention and Deed Restriction and 24 Program Requirements. 2Grantee’s Duties The Grantee, who is not a state employee, will: Comply with required grants management policies and procedures set forth through § 16B.97 subd. 4 (a) (1) and comply with Attachment A, Project Budget, which is incorporated by reference and made a part of this contract. The Grantee agrees to complete the project in accordance with the approved budget to the extent practicable and within the project period specified in the grant contract. Any material change in the scope of the project, budget or completion date shall require prior written approval by the STATE. 3Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. Agenda Page 36 FY 17 Grant Agreement for Municipality 4Consideration and Payment Consideration. 4.1 The State will pay for all services performed by the Grantee under this grant contract as follows: (a)Compensation The Grantee will be paid for all services performed pursuant to this grant contract not to exceed $150,000.00 (b)Matching Requirement: Grantee certifies that the following matching requirement for the Grant will be met by GRANTEE. The total project cost is $300,000.00. The Grantee agrees to provide a nonstate cash match of a least $150,000.00. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $150,000.00. Funds made available pursuant to this contract shall be used only for expenses incurred in performing and accomplishing the purposes and activities specified herein. Notwithstanding all other provisions of this contract, it is understood that any reduction or termination of funds allocated to the State may result in a like reduction to the Grantee. Payment 4.2 (a) Invoices. The State shall disburse funds to the Grantee pursuant to this Contract on a reimbursement basis, based upon a payment request and required expenditure documentation submitted by the Grantee and reviewed and approved by the State. The Grantee shall be limited to no more than four payment requests during the period covered by this Contract. (b) Federal funds. Payments under this grant contract will be made from federal funds obtained by the State through the National Park Service of the United States Department of Interior, Land and Water Conservation Fund, Act of 1965 as amended thereto. If at any time such funds become unavailable, this Grant Contract shall be terminated immediately upon written notice of such fact by the State to the Grantee. In the event of such termination, Grantee shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee’s failure to comply with federal requirements. Contracting and Bidding Requirements 4.3 PerMinn. Stat.§471.345, grantees that are municipalities as defined in Subd. 1 must do the following if contracting funds from this grant contract for any supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property (a) If the amount of the contract is estimated to exceed $100,000, a formal notice and bidding process must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a best value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2) (b) If the amount of the contract is estimated to exceed $25,000 but not $100,000, the contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Municipalities may, as a best value alternative, award a contract Agenda Page 37 FY 17 Grant Agreement for Municipality for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2) and paragraph (c). (c) If the amount of the contract is estimated to be $25,000 or less, the contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2) (d) Support documentation of the bidding process utilized to contract services must be included in the grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable. (e) For projects that include construction work of $25,000 or more, prevailing wage rules apply per; Minn. Stat. §§177.41 through 177.44 consequently, the bid request must state the project is subject toprevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. A prevailing wage form should accompany these bid submittals. 5Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6Authorized Representative Audrey Mularie, Park Grant Coordinator, 500 Lafayette The State's Authorized Representative is Road, St. Paul, MN 55155-4039, 651-259-5549, audrey.mularie@state.mn.us , or his/her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. Adam Nafstad, City Administrator, 5959 Main Avenue NE, The Grantee’s Authorized Representative Albertville, MN 55301, 763-497-3384, anafstad@ci.albertville.mn.us. If the Grantee’s Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7Assignment Amendments, Waiver, and Grant Contract Complete Assignment 7.1 The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. Amendments 7.2 Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. Waiver 7.3 If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State’s right to enforce it. Agenda Page 38 FY 17 Grant Agreement for Municipality Grant Contract Complete 7.4 This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10Government Date Practices and Intellectual Property Rights Government Data Practices 10.1 The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law Intellectual Property Rights 10.2 (A) Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this contract. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this contract. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this contract. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents. (B)Obligations 1.Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors, in the performance of this contract, the Agenda Page 39 FY 17 Grant Agreement for Municipality Grantee will immediately give the State’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 2.Representation.The Grantee must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the State, and that neither Grantee nor its employees, agents, or subcontractors retain any interest in and to the Works and Documents. The Grantee represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 8, the Grantee will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless the State, at the Grantee’s expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. The Grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action arises, or in the Grantee’s or the State’s opinion is likely to arise, the Grantee must, at the State’s discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law. 11Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12Publicity and Endorsement Signage 12.1 Any site funded by this grant contract shall display a sign at a prominent location at the entrance to the site and in a form approved by the State that acknowledges funding through this grant. Publicity 12.2 Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriation must publicly credit the State of Minnesota, including on the grantee’s website when practicable. Endorsement 12.3 The Grantee must not claim that the State endorses its products or services. 13Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. Agenda Page 40 FY 17 Grant Agreement for Municipality 14Termination Termination by the State 14.1 The State may immediately terminate this grant contract with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. Termination for Cause 14.2 The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 15Data Disclosure UnderMinn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16 Americans with Disabilities Act The Grantee shall construct, operate, and maintain all facilities and programs in compliance with all state and federal accessibility laws, regulations, and guidelines. Information on compliance with the Americans with Disabilities Act is available at http://www.access-board.gov. 17 Reporting The Grantee shall submit a progress report, in a form prescribed by the State, by January 1 of each year during the term of this grant contract. A final report must be submitted with the request for final reimbursement. Forms will be provided by the state. 18 Inspections The State’s authorized representatives shall be allowed at any time to conduct periodic site visits and inspections to ensure work progress in accordance with this grant contract, including a final inspection upon project completion. Following closure of the project, the State’s authorized representatives shall be allowed to conduct post-completion inspections of the site to ensure that the site is being properly operated and maintained and that no conversion of use has occurred. 19 Resource Management and Protection The Grantee shall protect, manage and maintain, or cause to maintain, the property acquired and/or developed pursuant to this grant contract. Properties shall be kept reasonably safe for public use, if applicable. All state and federal accessibility laws, regulations and standards shall be adhered to. Vegetation management and similar safeguards and supervision shall be provided to the extent feasible. Buildings, roads, trails and other structures and improvements, if any, shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration. The Grantee shall keep the facility open to the general public at reasonable hours and at times of the year consistent with the purpose and type of use of the property and appropriate management and protection of natural resources. Agenda Page 41 FY 17 Grant Agreement for Municipality 20 Invasive Species Prevention The Grantee shall comply with all provisions of state laws, rules, and permits regarding control of invasive species. The DNR requires active steps to prevent or limit the introduction, establishment, and spread of invasive species during contracted work. The Grantee and/or contractor shall prevent invasive species from entering into or spreading within a project site by cleaning equipment prior to arriving at the project site. If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned by contractor furnished tool or equipment (brush/broom, compressed air or pressure washer) at the staging area. The Grantee and/or contractor shall dispose of material cleaned from equipment and clothing at a location determined by the Grantee. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. The Grantee shall ensure that all equipment and clothing used for work in infested waters has been adequately decontaminated for invasive species (ex. zebra mussels) prior to being used in non-infested waters. All equipment and clothing including but not limited to waders, tracked vehicles, barges, boats, turbidity curtain, sheet pile, and pumps that comes in contact with any infested waters must be thoroughly decontaminated. 21 Conflict of Interest It is the policy of the State of Minnesota to work to deliberately avoid actual, potential and perceived conflict of interests related to grant making at both the individual and organizational levels. A conflict of interest (actual, potential, or perceived) occurs when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper, or illegal act results from it. The Grantee, by signing this contract with the State, certifies it has read and understands the Office of Grants Management Conflict of Interest Policy 08-01, will maintain an adequate Conflict of Interest Policy and, throughout the term of the contract, monitor and report any actual, potential, or perceived conflicts of interest to the State’s Authorized Representative. 22 Minnesota Historical Sites Act and Minnesota Field Archaeology Act The Minnesota Historical Society will be contacted to review your project to determine if the site is a potential location for historical or archeological findings. If the Historical Society determines that a survey is required, the survey would need to be completed prior to any site disturbance for development projects and prior to the final reimbursement of the grant funds for acquisition projects. 23 Land Retention and Deed Restriction 23.1 Land Retention Any lands acquired or developed with assistance from the Outdoor Recreation grant program must be retained solely for public outdoor recreation use. The lands subject to this contract are shown in Attachment C – Boundary Map which is attached and made part of this contract. No other use can be made of these lands without prior written approval of the State and the National Park Service. The State will consider requests to convert these lands to other uses only if all practical alternatives have been evaluated and rejected on a sound basis and replacement lands of equal or greater fair market value and reasonably equivalent usefulness are acquired and dedicated to public outdoor recreation use. Agenda Page 42 FY 17 Grant Agreement for Municipality Agenda Page 43 Attachment A Project Budget Recipient:City ofAlbertville Grant:LW27-01410Westwind Park Grant Amount: $150,000 Local Match: $150,000 Total Cost: $300,000 Project Scope: Develop boardwalk, observation area, playground, shelter, interpretive signs, and seating. Notes / Conditions: Project Components Estimated Total Cost Playground, accessible surface$125,000 Shelter $30,000 Boardwalk/Observation Area $90,000 Trails $25,000 Landscaping/Site Amenities $30,000 Total Cost $300,000 Agenda Page 44 Jun 13, 2017 LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT GENERAL PROVISIONS Part I Definitions A.The term "NPS" or "Service" as used herein means the National Park Service, United States Department of the Interior. B.The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director. C.The term "Manual" as used herein means the Land and Water Conservation Fund State Assistance Program Manual. D.The term "project" as used herein means a Land and Water Conservation Fund grant, which is subject to the project agreement and/or its subsequent amendments. E.The term "State" as used herein means the State or Territory that is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed synonymous. F.The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary. Part II - Continuing Assurances The parties to the project agreement specifically recognize that the Land and Water Conservation Fund project creates an obligation to maintain the property described in the project agreement and supporting application documentation consistent with the Land and Water Conservation Fund Act and the following requirements. Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation. It is intended by both parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. A.The State agrees, as recipient of this assistance, that it will meet the following specific requirements and that it will further impose these requirements, and the terms of the project agreement, upon any political subdivision or public agency to which funds are transferred pursuant to the project agreement. The State also agrees that it shall be responsible for compliance with the terms of the project agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms of this agreement. B.The State agrees that the property described in the project agreement and the signed and dated project boundary map made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased property. The Secretary shall approve such conversion only if it is found to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations. This replacement land becomes subject to Section 6(f)(3) protection. The approval of a conversion shall be at the sole discretion of the Secretary, or his designee. 12/15/2015 Agenda Page 45 Prior to the completion of this project, the State and the Director may mutually alter the area described and shown in the project agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded Section 6(f)(3) protection as Fund reimbursement is provided. In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation uses as a result of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify the Service of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and program regulations. The provisions of this paragraph are also applicable to: leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the Service; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the Service. C.The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement or the submission and approval of a conversion- of-use request as described in Section II.B above. D.The State agrees to comply with the policies and procedures set forth in the Manual. Provisions of said Manual are incorporated into and made a part of the project agreement. E.The State agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by Manual requirements and published post-completion compliance regulations (Title 36 Part 59 of the Code of Federal Regulations). F.The State agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the project agreement and the signed and dated project boundary map made part of that agreement, has been acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary of the Interior. G.Nondiscrimination 1.By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in the Civil Rights Assurance appearing at Part III-I herein. 2.The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual. Part III - Project Assurances A. Applicable Federal Requirements 12/15/2015 Agenda Page 46 The State shall comply with applicable regulations, policies, guidelines and requirements as they relate to the application, acceptance, and use of Federal funds for this federally assisted project, including: 2 CFR Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR Parts 182 & 1401,Government-wide Requirements for a Drug-Free Workplace; 2 CFR Part180 & 1400,Non-Procurement Debarment and Suspension,previously located at 43 CFR Part 42, -wide Debarment and Suspension (Non- 43 CFR Part 18,New Restrictions on Lobbying; FAR Clause 52.203-12, Paragraphs (a) and (b), Limitation on Payments to Influence Certain Federal Transactions; 2 CFR Part 25, System forAward Management (www.SAM.gov) and Data Universal Numbering System (DUNS); and 2 CFR Part 170,Reporting Subawards and Executive Compensation B.Project Application 1.The Application for Federal Assistance bearing the same project number as the agreement and associated documents is by this reference made a part of the agreement. 2.The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion, or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required. 3.The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. C.Project Execution 1.The project period shall begin at the date specified on the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period, unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination. 2.The State shall transfer to the project sponsor identified in the Application for Federal Assistance or the Description and Notification Form all funds granted hereunder except those reimbursed to the State to cover eligible expenses derived from a current approved negotiated indirect cost rate agreement. 3.The State will cause work on the project to start within a reasonable time after receipt of notification that funds have been approved and assure that the project will be implemented to completion with reasonable diligence. 4.The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public Law 90-480) and DOI Section 504 Regulations (43 CFR Part 17). The State will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 5.The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and 12/15/2015 Agenda Page 47 regulations. 6.In the event the project covered by the project agreement, cannot be completed in accordance with the plans and specifications for the project; the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Director or his designee. 7.The State will provide for and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS may require. 8.The State will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. 9.The State will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order 11990 relating to the protection of wetlands. 10.The State will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes, for use in any area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 11.The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects (see CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 12.It is national policy to award a fair share of contracts to small and women- and minority-owned firms. The Department of the Interior and the National Park Service are strongly committed to the objectives of this policy and encourage all grant recipients to take affirmative steps to ensure such fairness. Positive efforts shall be made by recipients to utilize small businesses, minority-owned firms, a enterprises whenever possible. In accordance with Executive Orders 11625, 12138, and 12432, recipients shall take the following steps to further this policy: a)Ensure that small businesses, minority-owned firms, and women's business enterprises are used to the fullest extent practicable. b)Make information on forthcoming opportunities available and arrange time frames for purchases and contracts to encourage and facilitate participation by small businesses, minority-owned firms, and women's business enterprises. c)Consider in the contract process whether firms competing for larger contracts intend to subcontract with small businesses, minority-owned firms, and women's business enterprises. d)Encourage contracting with consortiums of small businesses, minority-owned firms and women's business enterprises when a contract is too large for one of these firms to handle individually. 12/15/2015 Agenda Page 48 e)Use the services and assistance, as appropriate, of such organizations as the Small Business Development Agency in the solicitation and utilization of small business, minority-owned firms and women's business enterprises. The National Park Service Regional Offices will work closely with the States to ensure full compliance and that grant recipients take affirmative action in placing a fair share of purchases with minority business firms. 13.If applicable, the State will comply with the intergovernmental review requirements of Executive Order 12372. D. Construction Contracted for by the State Shall Meet the Following Requirements: 1.Contracts for construction shall comply with the applicable provisions of 2 CFR 200. 2.No grant or contract may be awarded by any grantee, subgrantee, or contractor of any grantee or subgrantee, to any party that has been debarred or suspended under Executive Order 12549. By signing the LWCF agreement, the State certifies that it will comply with debarment and suspension provisions appearing at Part III-J herein. E.Retention and Custodial Requirements for Records 1.All Recipient financial and programmatic records, supporting documents, statistical records, and all other grant-related records shall be retained in accordance with 2 CFR 200.333 to .337 for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved. 2.The retention period starts from the date of the final expenditure report for the project. 3.State and local governments are authorized to substitute copies in lieu of original records. 4.The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the State and local governments and their subgrantees which are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts. F. Project Termination 1.The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the Service. 2.The State may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement. 3.The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date. Payments made to States or recoveries by the Service under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4.The Director or State may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date, and shall 12/15/2015 Agenda Page 49 cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal share of the non-cancelable obligations, properly incurred by the grantee prior to termination. 5.Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the National Park Service be returned. G. Lobbying with Appropriated Funds The State must certify, for the award of grants exceeding $100,000 in Federal assistance, that no Federally appropriated funds have been paid or will be paid, by or on behalf of the State, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of this grant. In compliance with 31 USC 1352, the State certifies, as follows: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. H. Provision of a Drug-Free Workplace In compliance with the Drug-Free Workplace Act of 1988 (2 CFR Parts 182 & 1401), the State certifies that it will or continue to provide a drug-free workplace by: (a)Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b)Establishing an ongoing drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement required by paragraph (a); 12/15/2015 Agenda Page 50 (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted; (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). I. Civil Rights Assurance (Ref: DI-1350) The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply with all Federal requirements relating to nondiscrimination. These include, but are not limited to: (a) Executive Order 11246, as amended; (b) Title VI of the Civil Rights Act of 1964, as amended (78 Stat. 252; 42 U.S.C. §§2000d et seq.), which prohibits discrimination on the basis of race, color, or national origin; (c)Title V, Section 504 of the Rehabilitation Act of 1973, as amended (87 Stat. 394, 29 U.S.C. §794), which prohibits discrimination on the basis of disability; (d) the Age Discrimination Act of 1975, as amended (89 Stat. 728, 42 U.S.C. §§6101 et seq.), which prohibits discrimination on the basis of age; and with all other applicable federal laws and regulations prohibiting discrimination, to the end that no person in the United States shall, on the grounds of race, color, sexual orientation, national origin, disability, religion, age, or sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or benefited from Federal financial assistance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. 12/15/2015 Agenda Page 51 The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf of the Applicant. J. Debarment and Suspension Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. The State further agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier participants in the implementation of this grant. Department of Interior Form 1954 (DI-1954) may be used for this purpose. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this application that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this application. K. Anti-Deficiency Act. Pursuant to 31 U.S.C. §1341 nothing contained in this Agreement shall be construed as binding the NPS to expend in any one fiscal year any sum in excess of the appropriations made by Congress, for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations. L. Audit Requirements. 12/15/2015 Agenda Page 52 1)Non-Federal entities that expend $750,000 or more during a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and2 CFR Part 200, Subpart F , which is available at http://www.ecfr.gov/cgi- bin/text-idx?SID=fd6463a517ceea3fa13e665e525051f4&node=sp2.1.200.f&rgn=div6 2)Non-Federal entities that expend less than $750,000 for a fiscal year in Federal awards are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office (GAO). 3)Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 2 CFR Part 200, Subpart F, as applicable. Additional information on single audits is available from the Federal Audit Clearinghouse at http://harvester.census.gov/sac/. M. Recipient Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights 1)This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239). 2)The Award Recipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712. 3)The Award Recipient shall insert the substance of this clause, including this paragraph (3), in all subawards or subcontracts over the simplified acquisition threshold, 42 CFR § 52.203-17 (as referenced in 42 CFR § 3.908-9). N. Reporting Subawards and Executive Compensation a)Reporting of first-tier sub-awards. 1.Applicability. Unless you are exempt as provided in paragraph D. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery Act funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 1115) for a sub-award to an entity (see definitions in paragraph E. of this award term). 2.Where and when to report. i.You must report each obligating action described in paragraph a)1. of this award term to http://www.fsrs.gov. ii.For sub-award information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3.What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b)Reporting Total Compensation of Recipient Executives. 1.Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i.The total Federal funding authorized to date under this award is $25,000 or more; 12/15/2015 Agenda Page 53 ii.In the preceding fiscal year, you received a.80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and b.$25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii.The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2.Where and when to report. You must report executive total compensation described in paragraph A.1. of this award term: i.As part of your registration profile at https://www.sam.gov. ii.By the end of the month following the month in which this award is made, and annually thereafter. c)Reporting of Total Compensation of Subrecipient Executives. 1.Applicability and what to report. Unless you are exempt as provided in paragraph D. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of eac i. a.80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and b.$25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii.The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2.Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i.To the recipient. ii.By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year 12/15/2015 Agenda Page 54 (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d)Exemptions. 1.If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i.Subawards, and ii.The total compensation of the five most highly compensated executives of any subrecipient. e)Definitions. For purposes of this award term: 1.Entity means all of the following, as defined in 2 CFR part 25: i.A Governmental organization, which is a State, local government, or Indian tribe; ii.A foreign public entity; iii.A domestic or foreign nonprofit organization; iv.A domestic or foreign for-profit organization; v.A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 2.Executive means officers, managing partners, or any other employees in management positions. 3.Subaward: i.This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii.The term includes your procurement of property and services needed to carry out the project or program. The term does not include procurement of incidental property and services needed to carry out the award project or program. iii.A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4.Subrecipient means an entity that: i.Receives a subaward from you (the recipient) under this award; and ii.Is accountable to you for the use of the Federal funds provided by the subaward. 5.Total compensation means the cash and noncash dollar value earned by the executive during the information see 17 CFR 229.402(c)(2)): i.Salary and bonus. ii.Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. 12/15/2015 Agenda Page 55 iii.Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv.Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v.Above-market earnings on deferred compensation which is not tax-qualified. vi.Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. O. Conflict of Interest 1)The Recipient must establish safeguards to prohibit its employees and Sub-recipients from using their positions for purposes that constitute or present the appearance of a personal or organizational conflict of interest. The Recipient is responsible for notifying the Awarding Officer in writing of any actual or potential conflicts of interest that may arise during the life of this award. Conflicts of interest include any relationship or matter which might place the Recipient or its employees in a position of conflict, real or apparent, between their responsibilities under the agreement and any other outside interests. Conflicts of interest may also include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision-making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the Recipient and/or Recipient's employees and Sub-recipients in the matter. 2)The Awarding Officer and the servicing Ethics Counselor will determine if a conflict of interest exists. If a conflict of interest exists, the Awarding Officer will determine whether a mitigation plan is feasible. Mitigation plans must be approved by the Awarding Officer in writing. 3)Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR § 200.338, Remedies/or Noncompliance, including suspension or debarment (see also 2 CFR Part 180). P. Reporting of Matters Related to Recipient Integrity and Performance (Note: Applicable only to grants where the LWCF share is $500,000 or greater) 1)General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you, as the recipient, during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2)Proceedings You Must Report Submit the information required about each proceeding that: 12/15/2015 Agenda Page 56 a)Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b) Reached its final disposition during the most recent five year period; and c) Is one of the following: 1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; 2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; 3) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted in a finding of fault and liability and payment of either a monetary fine or penalty of $5,000 or more; or reimbursement, restitution, or damages in excess of $100,000; or 4) Any other criminal, civil, or administrative proceeding if: i.It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; ii. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and iii. The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3)Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4) Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a) Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b)Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c) Total value of currently active grants, cooperative agreements, and procurement contracts includes 1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and 2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. 12/15/2015 Agenda Page 57 Agenda Page 58 Agenda Page 59 City Administrator’s Update October 12, 2017 GENERAL ADMINISTRATION Lobbying Services: I have included an agenda item to discuss lobbying services specific to the WWTP project. Arena Board: At their last meeting, the Arena Board unanimously approved the joint operations and management agreement for the arena facility, which will be discussed at the October Joint Governance Meeting. The agreement will need to be formally approved by all three parties. Water Tower Logo: Joint Powers Water Board staff is getting quotes to have the same logo that is on the east tower installed on the west tower (see attached). The work would be paid by JPWB with Albertville and St. Michael reimbursing JPWB 9% of the cost, which Hanover’s portion. Newsletter: The fall newsletter will be going out the week of the October 16. ENGINEERING/PUBLIC WORKS WWTP Improvements: Field work is underway and we are working to identify the best route to construct the forcemain between CR 39 and the Mississippi. Once we have identified the easement needs for the pipe, we will engage an appraiser to help determine the cost. A proposal for soil borings is included in the packet. CSAH 18 Improvements: The County is working on preliminary design for reconstruction of the th CSAH 18 (50 Street NE) from Barthel Industrial Drive to Naber Ave. This will be a 2018 th construction project and include a new Barthel/MacIver/50 Street intersection. The project will include reconstruction of the trail; however, it has yet to be determined if the trail will be th on the north side or south side. Currently the trail is on the north side of 50. There will be city costs associated with the project based on the cost participation policy, which I will know about soon. CASH 38 Improvements: The County is also working the preliminary engineering for CSAH 38 west of CSAH 19. This is scheduled to be a 2019 project. th Towne Lakes 6 Addition: Building is progressing and currently 2 buildings (10-units) are underway. th Towne Lakes 7 Addition: The pre-construction meeting was held on October 4 and utility construction is underway rd Hunters Pass 3 Addition: The pre-construction meeting was held on October 4 and the Developer plans to begin utility construction soon. Agenda Page 60 Central Park Depot: Depot construction is underway and the foundation is in, as well as sewer and water services. st Repairs to 51Street NE Cul-de-sac: We are reviewing options to improve this temporary dead-end and will report back to the Council. 2017 Street and Trail Improvements Project: The street portion of the project is generally complete with the exception of punchlist items. The Towne Lakes trails portion of the work is underway and will be completed in the next week or so. Albertville Public Works will be completing the restoration portion of the project. th CSAH 19 and 57 Street Signal Improvements: The project is moving along and all concrete work is expected to be complete by October 20. Attachments: September Sheriff’s Report Proposed Water Tower Logo City Administrator’s Update Page 2 of 2 October 12, 2017 Agenda Page 61 Bmcfsuwjmmf!Npouimz!Sfqpsu!3128Qsjoufe!po!Pdupcfs!3-!3128 Incident Start Date/TimeInitial Call CFS #Final IncidentCase NumberHow Reported 911 Hang-up Total: 8 09/02/17 18:16911 Hang-up2017065354911 09/14/17 11:43911 Hang-up2017068394911 09/17/17 21:27911 Hang-up2017069314911 09/23/17 08:52911 Hang-up2017070771911 09/23/17 15:36911 Hang-up2017070862911 09/24/17 06:26911 Hang-up2017071025911 09/27/17 08:31911 Hang-up2017071752911 09/30/17 17:48911 Hang-up2017072805911 911 Open Line Total: 11 09/02/17 13:43911 Open Line2017065298911 09/12/17 13:56911 Open Line2017067889911 09/12/17 15:57911 Open Line2017067918911 09/15/17 13:12911 Open Line2017068665911 09/15/17 20:14911 Open Line2017068797911 09/17/17 12:31911 Open Line2017069185911 09/17/17 13:37911 Open Line2017069199911 09/17/17 15:40911 Open Line2017069218911 09/18/17 12:34911 Open Line2017069441911 09/25/17 17:09911 Open Line2017071355911 09/28/17 19:43911 Open Line2017072223911 Agency Assist Total: 1 09/16/17 17:25Agency Assist2017068985Agency AssistWCSOP17028207Phone Alarm Total: 1 09/19/17 16:26Alarm2017069761AlarmWCSOP17028521911 Animal Total: 5 09/02/17 17:12Animal2017065339Phone 09/03/17 21:19Animal2017065670AnimalWCSOP17026795Phone 09/14/17 18:39Animal2017068497911 09/18/17 12:52Animal2017069442AnimalWCSOP17028398Phone 09/24/17 17:21Animal2017071142AnimalWCSOP17029114Phone Animal - Barking Dog Total: 2 09/05/17 16:49Animal - Barking Dog2017066092Animal - Barking DogWCSOP17026980Phone 09/12/17 06:59Animal - Barking Dog2017067770Animal - Barking DogWCSOP17027706Phone Animal - Bites - Attacks Total: 1 09/28/17 16:08Animal - Bites - Attacks2017072151Animal - Bites - AttacksWCSOP17029536Phone Nbef!cz! Qbhf!2!pg!22 Agenda Page 62 Incident Start Date/TimeInitial Call CFS #Final IncidentCase NumberHow Reported Assault Total: 1 09/15/17 21:41Assault2017068814Suspicious - CircumstancesWCSOP17028137911 Check Welfare Total: 9 09/01/17 15:25Check Welfare2017065010Check WelfareWCSOP17026533Phone 09/07/17 01:16Check Welfare2017066422Check WelfareWCSOP17027121Phone 09/08/17 23:22Check Welfare2017066963Check WelfareWCSOP17027350Phone 09/14/17 13:48Check Welfare2017068417Check WelfareWCSOP17027970Phone 09/15/17 08:00Check Welfare2017068597Check WelfareWCSOP17028044Phone 09/18/17 10:12Check Welfare2017069416Check WelfareWCSOP17028386Phone 09/25/17 10:02Check Welfare2017071263Check WelfareWCSOP17029165Phone 09/27/17 11:52Check Welfare2017071797Check WelfareWCSOP17029399Phone 09/30/17 18:51Check Welfare2017072828Check WelfareWCSOP17029787Phone Citizen Aid Total: 6 09/02/17 23:25Citizen Aid2017065458Citizen AidWCSOP17026702Phone 09/04/17 17:06Citizen Aid2017065874Citizen AidWCSOP17026875Phone 09/05/17 01:52Citizen Aid2017065972Citizen AidWCSOP17026918911 09/16/17 13:45Citizen Aid2017068936Citizen AidWCSOP17028190Phone 09/19/17 00:28Citizen Aid2017069603Warrant - ArrestWCSOP17028455911 09/27/17 23:58Citizen Aid2017071967Juvenile - ComplaintWCSOP17029474Phone Civil Complaint Total: 9 09/01/17 16:51Civil Complaint2017065031Civil ComplaintWCSOP17026541Phone 09/09/17 12:26Civil Complaint2017067065Civil ComplaintWCSOP17027395Phone 09/24/17 05:28Civil Complaint2017071020Civil ComplaintWCSOP17029058Phone 09/24/17 13:52Civil Complaint2017071086Suspicious - CircumstancesWCSOP17029087911 09/24/17 18:46Civil Complaint2017071163Civil ComplaintWCSOP17029124911 09/24/17 19:24Civil Complaint2017071169911 09/27/17 10:13Civil Complaint2017071779Civil ComplaintWCSOP17029388Phone 09/27/17 14:54Civil Complaint2017071825Civil ComplaintWCSOP17029414Phone 09/28/17 16:33Civil Complaint2017072160Civil ComplaintWCSOP17029540Phone Civil Process Total: 18 09/05/17 13:15Civil Process2017066059Officer 09/08/17 11:00Civil Process2017066750 09/11/17 13:13Civil Process2017067572 09/11/17 14:39Civil Process2017067590Officer 09/12/17 13:20Civil Process2017067878 09/15/17 15:43Civil Process2017068711Officer 09/15/17 16:02Civil Process2017068714Officer 09/18/17 15:26Civil Process2017069481Officer 09/18/17 15:40Civil Process2017069486Officer 09/18/17 15:47Civil Process2017069488Officer 09/22/17 11:51Civil Process2017070477Officer 09/22/17 12:14Civil Process2017070486Officer 09/22/17 12:14Civil Process2017070487Officer 09/25/17 14:48Civil Process2017071309Officer Nbef!cz! Qbhf!3!pg!22 Agenda Page 63 Incident Start Date/TimeInitial Call CFS #Final IncidentCase NumberHow Reported 09/26/17 09:27Civil Process2017071508 09/27/17 10:54Civil Process2017071791 09/28/17 11:18Civil Process2017072053Officer 09/29/17 09:56Civil Process2017072360Officer Commercial Fire Alarm Total: 5 09/02/17 22:25Commercial Fire Alarm2017065444Commercial General AlarmWCSOP17026696Phone 09/06/17 08:37Commercial Fire Alarm2017066216Commercial Fire AlarmWCSOP17027034Phone 09/13/17 02:07Commercial Fire Alarm2017068040Commercial Fire AlarmWCSOP17027823Phone 09/13/17 13:10Commercial Fire Alarm2017068146Phone 09/27/17 16:02Commercial Fire Alarm2017071846Commercial Fire AlarmWCSOP17029422Phone Commercial General Alarm Total: 12 09/01/17 21:37Commercial General2017065121Commercial General AlarmWCSOP17026579Phone 09/04/17 23:42Commercial General2017065957Commercial General AlarmWCSOP17026912Phone 09/07/17 06:49Commercial General2017066442Commercial General AlarmWCSOP17027133Phone 09/09/17 21:13Commercial General2017067194Phone 09/09/17 22:15Commercial General2017067202Commercial General AlarmWCSOP17027451Phone 09/14/17 09:34Commercial General2017068363Commercial General AlarmWCSOP17027944Phone 09/16/17 04:58Commercial General2017068874Commercial General AlarmWCSOP17028165Phone 09/16/17 21:26Commercial General2017069056Commercial General AlarmWCSOP17028236Phone 09/17/17 12:16Commercial General2017069181Commercial General AlarmWCSOP17028283Phone 09/23/17 19:23Commercial General2017070916Commercial General AlarmWCSOP17029013Phone 09/25/17 21:22Commercial General2017071428Commercial General AlarmWCSOP17029235Phone 09/25/17 22:22Commercial General2017071445Commercial General AlarmWCSOP17029242Phone Court Order Violation Total: 1 09/11/17 11:57Court Order Violation2017067554Court Order ViolationWCSOP17027611Phone Criminal Damage to Property Total: 2 09/17/17 16:02Criminal Damage to2017069224Criminal Damage to PropertyWCSOP17028298 09/19/17 10:48Criminal Damage to2017069670Criminal Damage to PropertyWCSOP17028479 Disabled Vehicle Total: 2 09/29/17 21:01Disabled Vehicle2017072545Disabled VehicleWCSOP17029678Phone 09/30/17 08:27Disabled Vehicle2017072661Disabled VehicleWCSOP17029719911 Disorderly Total: 1 09/15/17 18:46Disorderly2017068774DisorderlyWCSOP17028118Phone Domestic Disturbance Total: 5 09/03/17 13:34Domestic Disturbance2017065558Juvenile - ComplaintWCSOP17026750911 09/09/17 18:59Domestic Disturbance2017067165Domestic DisturbanceWCSOP17027427911 09/10/17 21:15Domestic Disturbance2017067439Suspicious - CircumstancesWCSOP17027553911 09/24/17 12:20Domestic Disturbance2017071074Domestic DisturbanceWCSOP17029079911 09/29/17 18:02Domestic Disturbance2017072484Domestic DisturbanceWCSOP17029654911 Drugs Total: 1 09/23/17 16:51Drugs2017070882DrugsWCSOP17028997Phone Nbef!cz! Qbhf!4!pg!22 Agenda Page 64 Incident Start Date/TimeInitial Call CFS #Final IncidentCase NumberHow Reported Dumping Total: 1 09/09/17 14:09Dumping2017067091DumpingWCSOP17027398Phone Fight Total: 1 09/09/17 22:15Fight2017067204DisorderlyWCSOP17027447Phone Fire - Gas Leak Total: 1 09/16/17 19:40Fire - Gas Leak2017069024Fire - Gas LeakWCSOP17028221Phone Fraud - Forgery Total: 2 09/04/17 15:23Fraud - Forgery2017065851Counterfeit CurrencyWCSOP17026862Phone 09/12/17 19:34Fraud - Forgery2017067976Fraud - ForgeryWCSOP17027793Phone Funeral Escort Total: 1 09/28/17 09:31Funeral Escort2017072029Phone Harassment Total: 1 09/25/17 01:58Harassment2017071221HarassmentWCSOP17029152Officer Hospice Death Total: 1 09/09/17 19:39Hospice Death2017067173Phone Info Total: 4 09/02/17 22:41Info2017065448911 09/03/17 16:00Info2017065593911 09/08/17 08:33Info2017066711Phone 09/18/17 00:07Info2017069349Phone Juvenile - Complaint Total: 5 09/08/17 18:34Juvenile - Complaint2017066881Juvenile - ComplaintWCSOP17027321Phone 09/09/17 11:59Juvenile - Complaint2017067059Juvenile - ComplaintWCSOP17027393Phone 09/21/17 17:27Juvenile - Complaint2017070295NoiseWCSOP17028746Phone 09/25/17 18:26Juvenile - Complaint2017071378Juvenile - ComplaintWCSOP17029215Phone 09/29/17 20:26Juvenile - Complaint2017072529Juvenile - ComplaintWCSOP17029673911 Lock Out - Lock In Total: 3 09/04/17 16:10Lock Out - Lock In2017065862Lock Out - Lock InWCSOP17026869Phone 09/13/17 16:44Lock Out - Lock In2017068207Lock Out - Lock InWCSOP17027885Phone 09/24/17 12:49Lock Out - Lock In2017071076Lock Out - Lock InWCSOP17029081Phone Lost - Found Property Total: 3 09/01/17 10:08Lost - Found Property2017064937Lost - Found PropertyWCSOP17026509 09/09/17 11:00Lost - Found Property2017067053Lost - Found PropertyWCSOP17027390 09/30/17 12:42Lost - Found Property2017072713Lost - Found PropertyWCSOP17029743 Medical - Abdominal Pain Total: 1 09/29/17 22:00Medical - Abdominal2017072565Medical - Abdominal PainWCSOP17029689911 Medical - Breathing Problems Total: 2 09/25/17 09:19Medical - Breathing2017071255Medical - Breathing ProblemsWCSOP17029164911 09/28/17 13:34Medical - Breathing2017072107Medical - Breathing ProblemsWCSOP17029516911 Nbef!cz! Qbhf!5!pg!22 Agenda Page 65 Incident Start Date/TimeInitial Call CFS #Final IncidentCase NumberHow Reported Medical - Chest Pain Total: 1 09/16/17 17:57Medical - Chest Pain2017068995Medical - Chest PainWCSOP17028212Phone Medical - Fall Under 6 Feet Total: 3 09/09/17 15:57Medical - Fall Under 62017067120Medical - Fall Under 6 FeetWCSOP17027409Phone 09/15/17 18:19Medical - Fall Under 62017068760Medical - Fall Under 6 FeetWCSOP17028112911 09/28/17 10:01Medical - Fall Under 62017072041911 Medical - Heart Problems Total: 1 09/27/17 06:02Medical - Heart2017071725Medical - Heart ProblemsWCSOP17029373911 Medical - Psychiatric - Behavioral Total: 3 09/02/17 16:12Medical - Psychiatric -2017065324Suicidal - Attempt - ThreatWCSOP17026657Phone 09/10/17 20:39Medical - Psychiatric -2017067430Medical - Psychiatric -WCSOP17027550Phone 09/20/17 18:16Medical - Psychiatric -2017070051Check WelfareWCSOP17028644Phone Medical - Seizure Total: 2 09/12/17 05:14Medical - Seizure2017067757Medical - SeizureWCSOP17027700911 09/30/17 17:55Medical - Seizure2017072807Medical - SeizureWCSOP17029774911 Medical - Sick Total: 5 09/08/17 19:59Medical - Sick2017066904Medical - SickWCSOP17027331911 09/11/17 21:12Medical - Sick2017067689Medical - SickWCSOP17027673911 09/19/17 14:17Medical - Sick2017069724Medical - SickWCSOP17028505911 09/20/17 07:37Medical - Sick2017069902911 09/25/17 13:07Medical - Sick2017071288Medical - SickWCSOP17029182911 Medical - Stroke Total: 2 09/05/17 08:24Medical - Stroke2017065996911 09/24/17 01:04Medical - Stroke2017070997Medical - StrokeWCSOP17029050911 Medical - Trauma Total: 2 09/23/17 20:06Medical - Trauma2017070922Medical - TraumaWCSOP17029016911 09/26/17 20:47Medical - Trauma2017071658Medical - TraumaWCSOP17029350911 Medical - Unconscious - Fainting Total: 1 09/13/17 08:31Medical - Unconscious -2017068082Medical - Unconscious -WCSOP17027837911 Medical - Unknown Total: 1 09/10/17 21:53Medical - Unknown2017067446Medical - UnknownWCSOP17027558911 Missing Person Total: 1 09/23/17 16:39Missing Person2017070879Missing PersonWCSOP17028998Phone Motorist Aid Total: 2 09/03/17 14:27Motorist Aid2017065575Officer 09/29/17 18:07Motorist Aid2017072487Phone MVA - Car Deer Total: 1 09/21/17 19:49MVA - Car Deer2017070332Phone Nbef!cz! Qbhf!6!pg!22 Agenda Page 66 Incident Start Date/TimeInitial Call CFS #Final IncidentCase NumberHow Reported MVA - Hit & Run Total: 1 09/07/17 19:59MVA - Hit & Run2017066608MVA - Hit & RunWCSOP17027212911 MVA - No Injuries Total: 11 09/03/17 13:00MVA - No Injuries2017065548MVA - No InjuriesWCSOP17026743911 09/04/17 12:47MVA - No Injuries2017065807911 09/04/17 17:00MVA - No Injuries2017065872MVA - No InjuriesWCSOP17026874 09/05/17 13:57MVA - No Injuries2017066065MVA - No InjuriesWCSOP17026964911 09/07/17 14:03MVA - No Injuries2017066501MVA - No InjuriesWCSOP17027160911 09/15/17 14:44MVA - No Injuries2017068693 09/21/17 09:56MVA - No Injuries2017070189MVA - No InjuriesWCSOP17028701 09/22/17 16:30MVA - No Injuries2017070576MVA - No InjuriesWCSOP17028867 09/22/17 17:08MVA - No Injuries2017070592MVA - No InjuriesWCSOP17028877 09/30/17 04:31MVA - No Injuries2017072644MVA - No InjuriesWCSOP17029711911 09/30/17 17:48MVA - No Injuries2017072803MVA - No InjuriesWCSOP17029773 MVA - Unknown Injuries Total: 2 09/08/17 21:30MVA - Unknown Injuries2017066923MVA - Unknown InjuriesWCSOP17027336911 09/08/17 21:31MVA - Unknown Injuries2017066925911 Noise Total: 6 09/03/17 00:18Noise2017065473NoiseWCSOP17026709 09/09/17 00:01Noise2017066971NoiseWCSOP17027355 09/23/17 00:02Noise2017070714NoiseWCSOP17028931911 09/29/17 21:56Noise2017072563NoiseWCSOP17029686911 09/30/17 21:37Noise2017072893NoiseWCSOP17029812 09/30/17 22:23Noise2017072910NoiseWCSOP17029822 Off-Road Vehicle Complaint Total: 2 09/17/17 17:04Off-Road Vehicle2017069245Off-Road Vehicle ComplaintWCSOP17028311Phone 09/18/17 07:32Off-Road Vehicle2017069381Off-Road Vehicle ComplaintWCSOP17028371Phone Open Door - Window Total: 1 09/16/17 01:26Open Door - Window2017068864Open Door - WindowWCSOP17028158Officer Ordinance Violation Total: 1 09/20/17 06:38Ordinance Violation2017069889Ordinance ViolationWCSOP17028578 Parking Total: 8 09/01/17 12:34Parking2017064978ParkingWCSOP17026519 09/02/17 22:14Parking2017065442ParkingWCSOP17026694 09/06/17 15:43Parking2017066307ParkingWCSOP17027073 09/11/17 09:08Parking2017067519 09/12/17 11:47Parking2017067853ParkingWCSOP17027749 09/16/17 10:20Parking2017068902ParkingWCSOP17028178 09/29/17 08:45Parking2017072345ParkingWCSOP17029604 09/29/17 19:13Parking2017072509ParkingWCSOP17029663 Phone Call Total: 4 Nbef!cz! Qbhf!7!pg!22 Agenda Page 67 Incident Start Date/TimeInitial Call CFS #Final IncidentCase NumberHow Reported 09/02/17 08:39Phone Call2017065230Other 09/14/17 12:35Phone Call2017068405Other 09/22/17 10:14Phone Call2017070450Other 09/28/17 14:43Phone Call2017072124Other POR Check Total: 1 09/22/17 13:09POR Check2017070498Officer Residential General Alarm Total: 1 09/06/17 10:48Residential General2017066240Residential General AlarmWCSOP17027045Phone Sign - Light Repair Total: 1 09/21/17 19:41Sign - Light Repair2017070328MVA - Unknown InjuriesWCSOP17028763911 Squad Damage Total: 1 09/14/17 15:10Squad Damage2017068437Squad DamageWCSOP17027978 Stoparm Violation Total: 1 09/14/17 17:12Stoparm Violation2017068469Stoparm ViolationWCSOP17027992Other Suspicious - Circumstances Total: 8 09/04/17 10:40Suspicious -2017065782Suspicious - CircumstancesWCSOP17026832Phone 09/05/17 02:50Suspicious -2017065974Suspicious - CircumstancesWCSOP17026921 09/08/17 21:48Suspicious -2017066930Suspicious - CircumstancesWCSOP17027341Phone 09/17/17 15:32Suspicious -2017069215Suspicious - CircumstancesWCSOP17028296911 09/23/17 02:19Suspicious -2017070736Open Door - WindowWCSOP17028941Phone 09/28/17 22:03Suspicious -2017072261Suspicious - CircumstancesWCSOP17029576911 09/29/17 01:52Suspicious -2017072298Suspicious - CircumstancesWCSOP17029589911 09/29/17 18:45Suspicious -2017072503Suspicious - CircumstancesWCSOP17029660911 Suspicious - Circumstances; Civil Complaint Total: 1 09/25/17 14:34Suspicious -2017071303Suspicious - CircumstancesWCSOP17029185Phone Suspicious - Circumstances; Dispatch - CAD Total: 1 09/26/17 21:30Suspicious -2017071667Suspicious - CircumstancesWCSOP17029353911 Suspicious - Person - Vehicle Total: 8 09/01/17 14:59Suspicious - Person -2017065005Suspicious - Person - VehicleWCSOP17026531Phone 09/03/17 22:28Suspicious - Person -2017065695Suspicious - Person - VehicleWCSOP17026801Phone 09/05/17 08:06Suspicious - Person -2017065992Suspicious - Person - VehicleWCSOP17026929Phone 09/07/17 23:16Suspicious - Person -2017066651DrugsWCSOP17027231Phone 09/16/17 22:54Suspicious - Person -2017069081Suspicious - Person - VehicleWCSOP17028240Phone 09/20/17 13:16Suspicious - Person -2017069978Suspicious - Person - VehicleWCSOP17028607Phone 09/28/17 17:06Suspicious - Person -2017072166Suspicious - Person - VehicleWCSOP17029543Phone 09/30/17 23:44Suspicious - Person -2017072936Intoxicated PersonWCSOP17029827911 Theft Total: 5 09/02/17 14:47Theft2017065313TheftWCSOP17026651Phone 09/07/17 15:24Theft2017066526TheftWCSOP17027176Phone 09/18/17 16:03Theft2017069494Fraud - Financial TransactionWCSOP17028417Phone Nbef!cz! Qbhf!8!pg!22 Agenda Page 68 Incident Start Date/TimeInitial Call CFS #Final IncidentCase NumberHow Reported 09/22/17 09:43Theft2017070443Civil ComplaintWCSOP17028817Phone 09/28/17 09:01Theft2017072023TheftWCSOP17029493Phone Theft - Gas Drive Off Total: 6 09/04/17 18:08Theft - Gas Drive Off2017065888Theft - Gas Drive OffWCSOP17026881911 09/08/17 07:51Theft - Gas Drive Off2017066703Theft - Gas Drive OffWCSOP17027243911 09/08/17 17:02Theft - Gas Drive Off2017066849Theft - Gas Drive OffWCSOP17027307911 09/11/17 20:07Theft - Gas Drive Off2017067677Theft - Gas Drive OffWCSOP17027668911 09/15/17 13:56Theft - Gas Drive Off2017068676Theft - Gas Drive OffWCSOP17028078911 09/24/17 19:00Theft - Gas Drive Off2017071166Theft - Gas Drive OffWCSOP17029126911 Theft - Shoplifting Total: 19 09/03/17 16:01Theft - Shoplifting2017065595Theft - ShopliftingWCSOP17026767Phone 09/04/17 19:58Theft - Shoplifting2017065908Suspicious - Person - VehicleWCSOP17026891Phone 09/05/17 19:42Theft - Shoplifting2017066132Theft - ShopliftingWCSOP17026998Phone 09/06/17 14:40Theft - Shoplifting2017066290Theft - ShopliftingWCSOP17027064911 09/07/17 13:37Theft - Shoplifting2017066496DrugsWCSOP17027158911 09/07/17 15:21Theft - Shoplifting2017066523Theft - ShopliftingWCSOP17027174Phone 09/10/17 17:57Theft - Shoplifting2017067403Theft - ShopliftingWCSOP17027534Phone 09/12/17 20:56Theft - Shoplifting2017067994Theft - ShopliftingWCSOP17027808911 09/14/17 13:40Theft - Shoplifting2017068415Theft - ShopliftingWCSOP17027969Phone 09/15/17 21:12Theft - Shoplifting2017068808Theft - ShopliftingWCSOP17028133Phone 09/16/17 18:17Theft - Shoplifting2017069002Theft - ShopliftingWCSOP17028215Phone 09/19/17 14:27Theft - Shoplifting2017069726Theft - ShopliftingWCSOP17028506Phone 09/25/17 10:32Theft - Shoplifting2017071272Theft - ShopliftingWCSOP17029169Phone 09/25/17 15:54Theft - Shoplifting2017071334Theft - ShopliftingWCSOP17029193Phone 09/25/17 16:59Theft - Shoplifting2017071350Theft - ShopliftingWCSOP17029201911 09/26/17 17:15Theft - Shoplifting2017071607Theft - ShopliftingWCSOP17029325Phone 09/26/17 20:34Theft - Shoplifting2017071654Theft - ShopliftingWCSOP17029345Phone 09/29/17 15:36Theft - Shoplifting2017072447Theft - ShopliftingWCSOP17029642911 09/30/17 19:48Theft - Shoplifting2017072853Theft - ShopliftingWCSOP17029797911 Threats Total: 3 09/02/17 09:10Threats2017065238ThreatsWCSOP17026616Phone 09/04/17 13:19Threats2017065818AssaultWCSOP17026848911 09/21/17 02:02Threats2017070139Court Order ViolationWCSOP17028675911 Traffic - Complaint Total: 16 09/01/17 09:50Traffic - Complaint2017064932Traffic - ComplaintWCSOP17026505Phone 09/04/17 00:35Traffic - Complaint2017065716Traffic - ComplaintWCSOP17026812911 09/09/17 16:20Traffic - Complaint2017067126Traffic - ComplaintWCSOP17027413Phone 09/11/17 18:47Traffic - Complaint2017067660Traffic - ComplaintWCSOP17027659Phone 09/12/17 20:22Traffic - Complaint2017067990Traffic - ComplaintWCSOP17027803Phone 09/16/17 23:05Traffic - Complaint2017069083Traffic - ComplaintWCSOP17028242911 09/17/17 13:02Traffic - Complaint2017069190Traffic - ComplaintWCSOP17028287Phone 09/19/17 17:42Traffic - Complaint2017069781Traffic - ComplaintWCSOP17028529Phone 09/22/17 08:11Traffic - Complaint2017070422Traffic - ComplaintWCSOP17028803Phone 09/22/17 23:10Traffic - Complaint2017070701Traffic - ComplaintWCSOP17028924911 Nbef!cz! Qbhf!9!pg!22 Agenda Page 69 Incident Start Date/TimeInitial Call CFS #Final IncidentCase NumberHow Reported 09/23/17 01:52Traffic - Complaint2017070731Traffic - ComplaintWCSOP17028939911 09/23/17 21:45Traffic - Complaint2017070955DUIWCSOP17029034911 09/24/17 22:46Traffic - Complaint2017071204Traffic - ComplaintWCSOP17029144Phone 09/26/17 11:52Traffic - Complaint2017071532Phone 09/26/17 11:52Traffic - Complaint2017071533Traffic - ComplaintWCSOP17029284911 09/29/17 17:57Traffic - Complaint2017072481Traffic - ComplaintWCSOP17029659Phone Traffic - Complaint; Dispatch - CAD Total: 1 09/14/17 11:11Traffic - Complaint;2017068387Traffic - ComplaintWCSOP17027954Phone Traffic - Hazard Total: 1 09/22/17 08:25Traffic - Hazard2017070427Traffic - HazardWCSOP17028810Phone Traffic Stop Total: 104 09/01/17 08:05Traffic Stop 2017064915Officer 09/01/17 20:33Traffic Stop 2017065103 09/02/17 14:17Traffic Stop 2017065307Officer 09/03/17 12:16Traffic Stop 2017065541Officer 09/03/17 12:23Traffic Stop 2017065542Officer 09/03/17 13:36Traffic Stop 2017065559Officer 09/03/17 15:20Traffic Stop 2017065587 09/03/17 15:56Traffic Stop 2017065591Traffic Stop WCSOP17026765Officer 09/03/17 17:31Traffic Stop 2017065616Officer 09/03/17 17:48Traffic Stop 2017065619Officer 09/04/17 01:36Traffic Stop 2017065729Officer 09/04/17 10:39Traffic Stop 2017065781Officer 09/04/17 14:46Traffic Stop 2017065836Traffic Stop WCSOP17026856Officer 09/04/17 20:48Traffic Stop 2017065924Officer 09/05/17 00:17Traffic Stop 2017065966Officer 09/05/17 07:03Traffic Stop 2017065986Traffic Stop WCSOP17026927Officer 09/05/17 16:31Traffic Stop 2017066090Traffic Stop WCSOP17026979Officer 09/06/17 13:34Traffic Stop 2017066268Officer 09/06/17 21:12Traffic Stop 2017066383Traffic Stop WCSOP17027110Officer 09/07/17 22:28Traffic Stop 2017066640Officer 09/07/17 22:38Traffic Stop 2017066644Officer 09/08/17 15:26Traffic Stop 2017066816Traffic Stop WCSOP17027293Officer 09/09/17 14:37Traffic Stop 2017067097Officer 09/09/17 18:24Traffic Stop 2017067157 09/10/17 10:39Traffic Stop 2017067320Officer 09/10/17 15:30Traffic Stop 2017067368Officer 09/10/17 22:25Traffic Stop 2017067448Officer 09/11/17 10:19Traffic Stop 2017067533Officer 09/11/17 17:41Traffic Stop 2017067644Officer 09/12/17 09:21Traffic Stop 2017067805Officer 09/12/17 16:25Traffic Stop 2017067923Officer 09/12/17 17:42Traffic Stop 2017067945Officer 09/13/17 15:47Traffic Stop 2017068188Traffic Stop WCSOP17027878Officer 09/13/17 15:47Traffic Stop 2017068189Officer Nbef!cz! Qbhf!:!pg!22 Agenda Page 70 Incident Start Date/TimeInitial Call CFS #Final IncidentCase NumberHow Reported 09/14/17 08:35Traffic Stop 2017068351Traffic Stop WCSOP17027935Officer 09/14/17 09:05Traffic Stop 2017068356Traffic Stop WCSOP17027938Officer 09/14/17 16:29Traffic Stop 2017068456Traffic Stop WCSOP17027987Officer 09/14/17 16:43Traffic Stop 2017068462Traffic Stop WCSOP17027989Officer 09/14/17 16:56Traffic Stop 2017068465Traffic Stop WCSOP17027990Officer 09/14/17 19:09Traffic Stop 2017068505Traffic Stop WCSOP17028006Officer 09/14/17 19:17Traffic Stop 2017068507Traffic Stop WCSOP17028008Officer 09/15/17 07:17Traffic Stop 2017068589Traffic Stop WCSOP17028039Officer 09/15/17 07:48Traffic Stop 2017068595Traffic Stop WCSOP17028041Officer 09/15/17 07:57Traffic Stop 2017068596Traffic Stop WCSOP17028043Officer 09/15/17 15:06Traffic Stop 2017068698Traffic Stop WCSOP17028086Officer 09/16/17 13:04Traffic Stop 2017068929Officer 09/16/17 16:56Traffic Stop 2017068981Officer 09/16/17 17:54Traffic Stop 2017068994Traffic Stop WCSOP17028211Officer 09/16/17 18:40Traffic Stop 2017069008Officer 09/17/17 14:39Traffic Stop 2017069207Officer 09/17/17 14:41Traffic Stop 2017069208Officer 09/17/17 14:59Traffic Stop 2017069211Officer 09/18/17 14:06Traffic Stop 2017069457Traffic Stop WCSOP17028401Officer 09/18/17 15:09Traffic Stop 2017069474Officer 09/19/17 12:04Traffic Stop 2017069693Officer 09/19/17 14:27Traffic Stop 2017069727Officer 09/19/17 14:44Traffic Stop 2017069735Officer 09/20/17 00:52Traffic Stop 2017069869Officer 09/20/17 15:35Traffic Stop 2017070008Officer 09/20/17 20:01Traffic Stop 2017070075Traffic Stop WCSOP17028656Officer 09/21/17 14:41Traffic Stop 2017070254Officer 09/21/17 16:09Traffic Stop 2017070275Traffic Stop WCSOP17028735Officer 09/21/17 16:19Traffic Stop 2017070278Traffic Stop WCSOP17028736Officer 09/21/17 16:31Traffic Stop 2017070284Traffic Stop WCSOP17028738Officer 09/22/17 07:42Traffic Stop 2017070417Officer 09/22/17 10:06Traffic Stop 2017070449Officer 09/22/17 14:19Traffic Stop 2017070527Traffic Stop WCSOP17028852Officer 09/22/17 15:44Traffic Stop 2017070558Traffic Stop WCSOP17028861Officer 09/23/17 06:48Traffic Stop 2017070756Officer 09/23/17 06:57Traffic Stop 2017070757Officer 09/23/17 07:31Traffic Stop 2017070760Officer 09/23/17 07:51Traffic Stop 2017070765Traffic Stop WCSOP17028954Officer 09/23/17 08:49Traffic Stop 2017070770Officer 09/23/17 09:22Traffic Stop 2017070777Officer 09/23/17 09:41Traffic Stop 2017070784Officer 09/23/17 09:48Traffic Stop 2017070785Officer 09/23/17 10:07Traffic Stop 2017070791Traffic Stop WCSOP17028960Officer 09/23/17 10:38Traffic Stop 2017070793Officer 09/23/17 11:24Traffic Stop 2017070804Officer 09/23/17 22:32Traffic Stop 2017070965Traffic Stop WCSOP17029039Officer 09/23/17 23:16Traffic Stop 2017070974Officer Nbef!cz! Qbhf!21!pg!22 Agenda Page 71 Incident Start Date/TimeInitial Call CFS #Final IncidentCase NumberHow Reported 09/24/17 01:39Traffic Stop 2017071000Officer 09/24/17 02:33Traffic Stop 2017071010Officer 09/24/17 10:42Traffic Stop 2017071050Officer 09/24/17 15:43Traffic Stop 2017071111Officer 09/24/17 15:56Traffic Stop 2017071116Traffic Stop WCSOP17029103Officer 09/24/17 16:59Traffic Stop 2017071135Traffic Stop WCSOP17029111Officer 09/25/17 02:01Traffic Stop 2017071222Officer 09/25/17 15:51Traffic Stop 2017071331Traffic Stop WCSOP17029192Officer 09/25/17 17:17Traffic Stop 2017071357Traffic Stop WCSOP17029206Officer 09/25/17 21:32Traffic Stop 2017071433Traffic Stop WCSOP17029237Officer 09/25/17 21:48Traffic Stop 2017071439Officer 09/26/17 00:50Traffic Stop 2017071458Officer 09/26/17 11:23Traffic Stop 2017071526Officer 09/27/17 15:35Traffic Stop 2017071839Officer 09/27/17 18:12Traffic Stop 2017071895Traffic Stop WCSOP17029441Officer 09/28/17 21:54Traffic Stop 2017072257Officer 09/30/17 01:59Traffic Stop 2017072627Officer 09/30/17 15:38Traffic Stop 2017072757Traffic Stop WCSOP17029763Officer 09/30/17 16:27Traffic Stop 2017072771Officer 09/30/17 16:42Traffic Stop 2017072783Officer 09/30/17 19:56Traffic Stop 2017072854Officer 09/30/17 21:32Traffic Stop 2017072891Officer 09/30/17 22:00Traffic Stop 2017072901Officer Traffic Watch Total: 1 09/20/17 16:20Traffic Watch2017070020Traffic WatchWCSOP17028629 Unwanted Person Total: 2 09/24/17 16:20Unwanted Person2017071125Unwanted PersonWCSOP17029106911 09/29/17 21:35Unwanted Person2017072555Unwanted PersonWCSOP17029683Phone Warrant - Attempt Total: 4 09/05/17 10:06Warrant - Attempt2017066017Officer 09/25/17 20:09Warrant - Attempt2017071403 09/27/17 09:31Warrant - Attempt2017071769Officer 09/30/17 16:05Warrant - Attempt2017072763 Total Records: 373 Nbef!cz! Qbhf!22!pg!22 Agenda Page 72 Agenda Page 73