12/18/1989 - 5335�
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FRIDLEY CITY COIINCIL MEETING
ATTENDENCE SiiEET
MONDAY, �eCemben. l $ , 1989
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
PRINT NAME (CLEARLY) ADDRESS
ITEM
NUMBER
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Fridley City Council Keetinq - December 18, 1989 - 7��d,�:M.'.
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C.fTYOF
v�� oF �tectu�- FRlDLEY
�il BUS[MESt (O�TI�)�
Approving and Authorizinp Execution
of Memorerdun of Uwderstanding for
Rental Rehabititetion Proyrem . . . . . . . . . . 4 - 4T
APPRONAL OF MIMlTES-
Council Meetinp, Dece�nber 4, 1989
ADOPTIOM Of AffIDA•
OPEM FORIM. VISiTORS•
(Consideration of items not on agende - 15 minutes)
OLD BUSINESS-
Second Reading and Passage of an
Ordinance for Adopting the Budget
for the Fiscal Year 1990 . . . . . . . . . . . . 1 - 1A
MEY BUSIMESS-
Advertising for a 1.5 Million Gallon
Elevated Water Storage Tank . . . . . . . . . . . 2 - 2M
Receiving the Minutes fran the
Plaming Commission Meeting of
December 6, 1989 . . . . . . . . . . . . . . . . 3 - 3G
Awarding Recycling Bid end
Executing Contract . . . . . . . . . . . . . . . 5 - 5V
Change Order No. 15 for Fridley
Municipal Center I�rovement
Project No. 189 . . . . . . . . . . . . . . . . . 6 - 6D
Resolution Requesting an
Extension to the Nine Month
Requirement to Conplete a
Caiprehensive Plan M�nent
. . . . . . . . . . 7 - 7G
Resolution Ordering Preliminary
Plans, Specifications and Estimetes
of the Costs Thereof: Street
Improvement Project No. ST. 1989 - t
(Senitary Sewer Line - 7570
Highway 65) . . . . . . . . . . . . . . . . . . . 8 - 8A
Resolution Receiving the Preliminary
Report and Catling for s Public
Hearing for Jerx�ary 22, 1990, on the
Matter of tAe Construction of Certain
Iaprovements: Street I�nproveiaent
Project No. ST 19a9 - 1(Sanitary
Sewer Line - 757i0 Niphwy 65) . . . . . . . . . . 9 - 98
�t
fRIDLEY CITY �MCIL I�TIMC, �B�B 18, 19e9
IEY �JSIIIESS (�IT1M�)•
Resolution Orderinp Iwprovemmt
and Advertise�nmt for Bids for
the Repair and Maintenance of
Yell No. S Project No. 198 . . . . . . . . . . . 10 - tOC
Resolution Orderiny I�provement
and Advertisement for Bids for
the Repair and Maintenance of
Well No. 10 Project No. 198 . . . . . . . . . . . 11 - 11B
Resolution Certifying Tax Levy
Requirements for 1990 to the
County of Anoka for Collection . . . . . . . . . 12 - 12A
Resolution Designatinp Time and
Nueber of Cax�c i l Meet i nps . . . . . . . . . . . 13 - 13A
Claims. . . . . . . . . . . . . . . . . . . . . 14
L i censes . . . . . . . . . . . . . . . . . . . . 15 - 1 SA
Estimates. . . . . . . . . . . . . . . . . . . . 16
ADJa1RM -
FRIDLEY CITY COOIiCIL xEBTI�a, DECBKBB� 18, 1989 Paqe 2
NEW BIISI1�1B88:
Advertising for a 1.5 Million Gallon
Elevated Water Storage Tank . . . . . . . . . . . 2 - 2M
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Receiving the Minutes from the
Planning Commission Meeting of
December 6, 1989 . . . . . . . . . . . . . . . . 3 - 3G
Approving and Authorizing Execution
of Memorandum of Understanding for
Rental Rehabilitation Program . . . . . . . . . . 4 - 4T
Awardinq Recycling Bid and
Executing Contract . . . . . . . . . . . . . . . 5 - 5V
�
1
FRIDLSY CITY COONCIL ILBgTINa, D$CSMBER 18, 1989 Paqe 3
NEW HOSINE88 (COI�iTINUBD):
Change Order No. 15 for Fridley
Municipal Center Improvement
Project No. 189 . . . . . . . . . . . . . . . . . 6 - 6D
� �O'� �°'�,3 �
y� Iti�
V � O _.
Resolution Requesting an
Extension to the Nine Month �
Requirement to Complete a
Comprehensive Plan Amendment . . . . . . . . . . 7 - 7G
Resolution Ordering Preliminary
Plans, Specifications and Estimates
of the Costs Thereof: Street
Improvement Project No. ST. 1989 - 1
(Sanitary Sewer Line - 7570
Highway 65 ) . . . . . . . . . ' . . . . . . . . . . 8 - 8A
'Resolution Receivinq the Preliminary
Report and Calling for a Public
;Hearinq for January 22, 1990, on the
Matter of the Construction of Certain
IImprovements: Street Improvement
Project No. ST 1989 - 1(Sanitary
Sewer Line - 7570 Highway 65) . . . . . . . . . 9 - 9B
FRIBLEY CITY COIIITCIL l[SBTZ�G, DBC8MB8R 18, 1989 Paqe 4
N8A BOBIN88B (CONTINIIED):
Resolution Ordering Improvement
and Advertisement for Bids for
the Repair and Maintenance of
Well No. 5 Project No. 198 . . . . . . . . . . . 10 - lOC
Resolution Ordering Improvement
and Advertisement for Bids for
the Repair and Maintenance of
Well No. 10 Project No. 198 . . . . . . . . . . . 11 - i1B
Resolution Certifying Tax Levy � ��'� ������,
Requirements for 1990 to the �,
County of Anoka for Collection . . . . . . . . . 12 - 12A �
- --�
Resolution Designating Time and
Number oE Council Meetings . . . . . . . . . . . 13 - 13A
r
FRIDLBY CITY COII�iCIL l�EBTINa, DBCEMBBR 18, 1989 Paqe 5
NSW BIISINE88 (COld'1'INQBD) :
Claims . . . . . . . . . . . . . . . . . . . . . 14
Licenses . . . . . . . . . . . . . . . . . . . . 15 - 15A
Estimates . . . . . . . . . . . . . . . . . . . . 16
ADJOIIRN:
TH$ liINOTSB OF TH8 REGIIIJIR l�LEBTI�T�i OF TSB FRIDLSY CITY COIIliCII, OF
DgCSMH$R 4. 1989
The Regular Meeting of the Fridley City Council was called to order
at 7:37 p.m. by Mayor Nee.
piEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Schneider, Councilman Fitzpatrick and
Councilman Billings
MEMBERS ABSENT: None
PRESENTATION OF PROCLAMATION:
CITIES FIGHT BACK AGAZNST DRUGS WEEK - DECEMBER 3- 9, 1989:
Mr. Hunt, Assistant to the City Manager, read the proclamation
proclaiming the week of December 3- 9, 1989 as Cities Fight Back
Against Drugs. In the proclamation the City supports fighting back
against drugs by working with the school districts and instituting
Drug Awareness Resistance Education, as well as Project Charlie and
Operation Aware. Further, the QUEST program sponsored by the
Fridley Lions Club, teaches 6th graders that they can choose not
to use drugs and the Parents Communication Network has been
organized by Fridley parents to prevent drug and alcohol use by
their children and to serve as a network to help parents with the
problem.
Mayor Nee issued this proclamation and encouraged Fridley citizens
to support these drug awareness initiatives.
APPROVAL OF MINUTES:
COUNCIL MEETING NOVEMBER 20. 1989:
MOTION by Councilman Fitzpatrick to approve the minutes as
presented. Seconded by Councilman Billings. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
MoTION by Councilman Billings to adopt the agenda as submitted.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
� �� �j. 1. : , c • � � _ .c�l: : ��-i:s's�
O�EN FORUM, VISITORS:
There was no response from the audience under this item of
business.
PUBLIC HEARINGS:
1. PUBLIC HEARING ON A RESOLUTION DECLARING THE NECESSITY TO LEVY
A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND THE NEED
FOR A SPECIAL LEVY•
MOTION by Councilman Billings to waive the reading of the public
hearing notice and open the public hearing. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the public hearing
opened at 7:42 p.m.
Mr. Pribyl, Finance Director, stated there was a major shift in
local governmental aids by the State Legislature which affected the
City's budget. He stated the purpose of this public hearing is to
satisfy the requirements of Chapter 7 of the City Charter, if the
City levies taxes in excess of 16 mills. Mr. Pribyl stated this
resolution declaring the necessity to levy a tax which appears to
be in excess of 16 mills and the need for a special levy in no way
affects the public hearing that was held on the 1990 budget.
Mr. Pribyl stated the City is also utilizing a special levy allowed
by the State for the unfunded portion of the police pension
liability.
Mr. Pribyl stated the method of computing taxes has changed from
mill levy to tax capacity. He stated he attempted to try and
compare mill rate and tax capacity rate and relate it to the total
market value and it appears the City is a little above 16 mills.
Mayor Nee stated the City Attorney was asked if this public hearing
was necessary to meet the requirements of the City Charter.
Mr. Herrick, City Attorney, stated in response to the Council's
question regarding the necessity of the public hearing, he
researched this matter quite extensively. He stated he reviewed
the State statute, as well as opinions of the Attorney General, and
related court cases. He stated City ordinances and the new State
Revenue Code adopted in the recent special session of the
Legislature were also reviewed. Mr. Herrick stated he had an
extensive discussion with Mr. Pribyl which led him to the
conclusion that the State statute overrides the provisions of the
City's Charter. iie stated this conclusion is based on some
opinions of the Attorney General and Minnesota Supreme Court cases
that have interpreted this same question as it related to earlier
State tax legislation. Mr. Herrick stated although there are no
Attorney General's opinions or court cases that interpret the
1�RIDI,aY CITY C4II�TCIL 1[E$TIiia O� DECE1[BBIt �. 1989 Pl1aB 3
Revenue Act adopted last September, he felt that past cases were
similar and would apply in this situation.
Mr. Herrick stated he recommended the public hearing be held as
someone may have an opinion which would be different and, with that
in mind, he and Mr. Pribyl drafted the public hearing notice in an
attempt to comply with the Charter requirement.
Councilman Billings stated the City Charter at one time provided
for a 40 mill levy limit. However, the Charter was changed to
conform with State leqislation and the limit was changed to 16
mills. He stated one of the reasons for this public hearing is
that the City Charter has not been changed to comply with the new
State legislation. He asked if the Charter Commission was
considering these changes.
Mr. Pribyl stated he understands the Charter Commission is
reviewing these changes in order to bring the City Charter into
compliance.
Councilman Billings stated it is hoped that the change could be
such that every time the State makes a change, the City does not
have to consider a similar change in the Charter in order to be in
compliance with State statutes.
No persons in the audience spoke regardinq this tax levy.
MOTION by Councilman Fitzpatrick to close the public hearing.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearinq closed at 8:51 p.m.
2. PUBLIC HEARING ON THE ISSUANCE OF AN ON-SALE BEER LICENSE TO
YUNG TAE HO RESTAURANT AT 6440 UNIVERSITY AVENUE N.E.;
MOTION by Councilman Fitzpatrick to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
7:51 p.m.
Mr. Pribyl stated this is an application for an on-sale beer
license for Yung Tae Ho Restaurant at 6440 University Avenue N.E.
He stated the owners were notified and are present to answer any
questions by the Council.
No persons in the audience spoke regarding the issuance of this
on-sale beer license.
MOTION by Councilwoman Jorgenson to close the public hearing.
Seconded by Councilman Billings. Upon a voice vote, all voting
FRIDL$Y CITY COIIZiCIL 1�E8TINa OF DBCSKBER �. 1989 P�aB �
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:53,p.m.
OLD BUSINESS:
3. QRDINANCE NO. 938 APPROVING A REZONING ZOA #89-05. TO REZONE
OUTLOT 1 NAGEL'S WOODLANDS FROM C-2 GENERAL BUSINESS, TO
�I-1 LIGHT INDUSTRIAL. THE SAME BEING 990 OSBORNE ROAD N.E..
BY RMS COMPANY•
MOTION by Councilman Schneider to waive the reading and adopt
Ordinance No. 938 on the second reading and order publication.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
NEW BUSINESS•
4. RESOLUTION NO. 94-1989 DECLARING THE NECESSITY TO LEVY A TAX
WHICH APPEARS TO BE IN EXCESS OF 16 MILIS AND_THE NEED FOR A
SPECIAL LEVY•
MOTION by Councilman Schneider to adopt Resolution No. 94-1989.
Seconded by Councilman Billinqs. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
5. JOINT POWERS AGREEMENT F(?R THE PURCHASE OF OPTICAL SCAN VOTE
TABULATION E4UIPMENT:
Ms. Haapala, City Clerk, stated there was a meeting held in Blaine
on November 15, 1989 to discuss the purchase of optical scan voting
equipment. She stated, at this meeting, it was agreed a joint
powers agreement should be drafted and bids solicited for this
equipment. She stated it was hoped the price would decrease.
However, the opposite is true and prices have actually increased.
She stated there are only two vendors for this equipment.
Ms. Haapala stated the cities of Blaine and Coon Rapids are
proceeding to purchase the equipment for 1992. She stated she does
not know, at this time, if the other communities will or will not
be purchasing the equipment.
Councilman Schneider asked if the cost estimates for the equipment
were the same for both vendors.
Ms. Haapala stated that the cost estimates varied between $15 to
$20 per unit.
Councilwoman Jorqenson asked if Anoka County would be installing
the optical scan voting equipment in 1991.
�IDLEY CITY COIIITTCIL 1LEETI�ia Ol� DBCBMSBR 4. 1989 Pl1G8 5
Ms. Haapala stated the equipment would be purchased in 1991 for
use in 1992. She stated the County would like to see this
equipment in use even sooner in order to canvass the vote.
Councilwoman Jorgenson asked if the City proceeds with the purchase
of the equipment, if the County can read these materials.
Ms. Haapala stated the County will more or less conduct a hand
count of the totals coming in from the cities. She stated that the
process will remain the same.
Ms. Haapala stated the attorneys of Coon Rapids and Blaine drafted
this joint powers agreement and Fridley advertised for bids. She
stated bids will be received on December 13 and opened on
December 14.
Councilman Billings asked how many units would be needed for
Fridley. �
Ms. Haapala stated the City should purchase at least 14 units as
there are 13 precincts, and one should be available for a back-up.
Councilman Billings asked if school district and City elections
were combined, if two scanners would be needed.
Ms. Haapala stated from what she
would be needed at each precinct
school district and City. She
ballot.
has been told, only one scanner
to handle both the votes for the
stated the key is the correct
Councilman Schneider asked if the cost estimates include
maintenance.
Ms. Haapala stated they did not include maintenance or service.
She felt there would probably be a central service area where the
units could be brought for servicing.
Councilman Schneider asked if funds were budgeted for this scanning
equipment.
Mr. Burns, City Manaqer, stated it is included in the 1990 budget.
He stated there are no costs budgeted for maintenance, but believed
the equipment would be under warranty for the first year.
Councilwoman Jorgenson asked the number of vendors who printed
ballots for the current equipment.
Ms. Haapala stated there is only one vendor �rho prints the ballots.
Ms. Haapala requested the Council to consider enterinq into this
joint powers agreement, but not to authorize the City to purchase
the equipment.
F�TnT.�Y C2TY COIIliCIL 1LE8TI�a OF DBCEKBBR 4. 1989 P�GB 6
Mr. Pribyl, Finance Director, stated there are some existing funds
for maintenance costs of the present equipment which could be used
for the new system.
MOTION by Councilman Schneider to authorize the Mayor and City
Manager to enter into this joint powers agreement for the optical
scan vote tabulation equipment. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
6. �ANGE ORDER NO 2 FOR STREET IMPROVEMENT PROJECT NO ST 1989
- 1 & 2•
Mr. Flora, Public Works Director/City Engineer, stated this change
order is to provide for the installation of a sanitary sewer line
for property at 7570 Highway 65. iie stated it is proposed the
property owner be assessed at the rate of $12.15 per lineal foot
for a total of $8,444.25 and the remaining construction costs would
be borne by the sanitary sewer fund. He requested the Council
consider this change order for $18,227.50.
Councilwoman Jorgenson stated this property is the one that has a
leaking holding tank and has to be cleaned once a month.
Councilman Billings stated an assessment in excess of $8,000 is
proposed to the property owner and he asked if the owner has
requested the sanitary sewer and agreed to the assessment.
Mr. Flora stated this matter came to light when a contract for deed
purchaser requested a special use permit. He stated in this
process, the City became aware that the septic tank has failed and
has advised the property owner and mortgage company of this
improvement and identified the cost. He stated the City has not
received any comments from this correspondence.
Mr. Herrick, City Attorney, sugqested that before the City proceed,
the fee owner and contract for deed purchaser should sign the form
which authorizes the project and agreement to the assessment
without a public hearing. He stated if these persons will not sign
the agreement, he felt a public hearing should be scheduled.
Councilman Billings stated the contract for deed purchaser was
reluctant to spend any funds for improving the property. He felt
staff should check to determine if these persons agree to the
improvement and the costs, and if they do not, to schedule the
public hearing as soon as possible.
Mr. Flora stated he was led to believe by the contract purchaser
that he is interested in proceeding with this project.
Councilman Billings stated it seems no one is sure who is the fee
owner of this property.
FRIDLBY CITY COO�TCIL l[EETI�a O� DECEKSER 4. 1989 P�a$ 7
Mr. Herrick stated County tax records could be used for the purpose
of notifying the owner. He stated he thought there is an
intermediate purchaser of the property and there were several
persons who may have an interest. He stated if a public hearing
is necessary, notices will be sent to all.these individuals.
MOTION by Councilman Schneider to table this item. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to direct staff to schedule a public
hearing for this improvement. Seconded by Councilwoman Jorqenson.
Upon a voice vote, all votinq aye, Mayor Nee declared the motion
' carried unanimously.
7. �WARDING A CITY-WIDE COLLECTION OF RESIDENTIAL RECYCLABLES
CONTRACT BID:
Ms. Dacy, Planning Coordinator, stated the bids for City-wide
collection of residential recyclables was opened on November 17 and
five bids were received. She stated Super Cycle, Inc. was the low
bidder at $84 a ton or $4,788/month or $57,456 annually. She
stated this was based on the average monthly tonnage of 57 tons.
MOTION by Councilman Fitzpatrick to award the bid for the
collection of residential recyclables to the low bidder, Super
Cycle, Inc. Seconded by Councilwoman Jorgenson.
Ms. Dacy stated if there is a situation where the market for
certain recyclables would disappear, both the contractor and City
would be able to determine if they should continue picking up this
material. She stated the City would have the right to force the
contractor to pick it up, but would have to share in the cost of
disposing the recyclables. �
Councilman Schneider was concerned if this clause was included in
the bids received from other vendors. He stated the point is if
the low bidder is really the lowest or if there are some hidden
costs due to this clause.
Councilwoman Jorgenson stated she understands this inclusion clause
gives the contractor the right to terminate the contract if it was
not worth his while to come and pick up certain recyclables.
Ms. Dacy stated this is true, but it works both ways as the City
also can exercise this right.
Mayor Nee asked if the next lowest bidder, Ramsey Recyclinq, Ina.,
also included this clause in their bid.
Ms. Dacy stated it was not indicated in the bid if Ramsey
Recycling, Inc. did or did not include this clause. She stated the
bid was for the cost of picking up the recyclables.
FRIDLEY CITY COIINCIL ILEBTI�a O� DECB�IBBR 4. 1989 P�QB 8
Mayor Nee stated he assumes then that Ramsey Recycling, Inc. is not
proposing an extra charge.
Ms. Dacy stated she did not believe Super Cycle, Inc. is proposing
an extra charge. She stated no matter who is awarded the contract,
she felt this issue would come up with any bidder.
Mr. Herrick, City Attorney, asked if the bidders were given
specifications or a proposed contract and if that clause was
included.
, Ms. Dacy stated they were given specifications and did not believe
the clause was included.
Councilman Schneider stated he did not believe that Super Cycle,
Inc. met the specifications because it includes this clause.
Councilman Billings stated even if the other bidders do not have
the clause, it will not be known until the end of the contract who
submitted the best price. He stated you cannot place a monetary
value on a hypothetical situation because the clause may never be
used.
Councilman Schneider stated the specifications probably should have
been written to include or not include this clause.
Ms. Dacy stated she did not know if the recycling companies can put
a price on the marketing issue. She stated it may be best to table
this item and convey to the recycling company the Council's
reluctance regarding the marketing clause. She stated the bidders
could be contacted and information requested reqarding this clause.
MOTION by Councilman Billings to table this item and direct staff
to obtain additional information. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
Mr. Herrick stated he would like to review the material sent to the
bidders. He stated if the City did not have any reference to the
materials market disposition clause, he felt the bid should be
rejected as not being in conformance with the specifications or the
matter clarified.
Mr. Joseph Rusch, 561 63rd Avenue, stated he read in the
Minneapolis paper that Anoka County was not able to use tin cans
that were collected and they are disposed of in the landfill.
Councilwoman Jorgenson stated tin cans are accepted at the S.O.R.T.
center and by the recycling company. She stated she did not think
they would accept them if they were not recyclable.
F�TDLEY CZTY CODIiCIL MEETI�G O� DECEM88R 4. 1989 P�aE 9
' y• � �� � � 'lfs � z_Y�. � Y�_ • � � _ � .
1�1 �Y '��i �, •��� �� :�
Ms. Dacy, Planning Coordinator, stated this proposed contract
amendment is to amend the Section 8 Housing Assistance Payments
Program Contract for Administrative Services to permit payment of
"Hard-to-House" fees directly to the City. She stated, previously,
these fees were paid to the Metro HRA. Ms. Dacy stated staff
recommends approval of this amendment.
MOTION by Councilman Fitzpatrick to approve the contract amendment
to the Section 8 Housing Assistance Payments Program Contract for
Administrative Services. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
9. �ES�IIIT7�N NO 95-i989 AUTHORIZING AN INCREASE IN COMPENSATION
FOR FRIDLEY CITY EMPLOYEES:
Mr. Hunt, Assistant to the City Manager, stated this resolution
authorizes an increase in compensation for 1990. He stated the
Council has received a substitute resolution which has a slight
change from the one in the agenda book, and that this increase
covers all employees except those who are members of a bargaining
unit. �
MOTION by Councilman Schneider to adopt Resolution No. 95-1989.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
10. RESOLUTION NO. 96-1989 AUTHORIZING COMPENSATION FOR CERTAIN
NON-AUTHORIZED EMPLOYEES OF THE CITY OF FRIDLEY:
Mr. Hunt, Assistant to the City Manager, stated this resolution
adjusts the compensation and benefits of certain employees who
occupy continuing positions which have not been authorized by the
Cauncil. He stated these positions involve work weeks ranging from
20 to 40 hours, and adoption of this resolution would place the
City's classification and compensation plan in closer conformity
with the Minnesota Pay Equity Act.
Mr. Hunt stated for those employees working 20 or more hours per
week, the compensation rate will be adjusted to the appropriate
level in the City's classificatiori and campensation plan. He
stated half of the adjustment shall be made on January 1, 1990 and
the other half made on January 1, 1991. Mr. Hunt stated emp2oyees
regularly scheduled to work an averaqe of 24 hours or more per week
shall be paid prorated leave benefits, and employees scheduled to
work 32 or more hours per week shall be eliqible for the flexible
benefit plan. He stated it is estimated the additional cost to the
City in 1990 will be about $70,000 and funds are included in the
emergency reserve for salary adjustments.
�'RIDLEY CITY COIINCIL l�B$TI�Q OF D�C�ER 4. 1989 PAa$ 10
MOTION by Councilwoman Jorgenson to adopt Resolution No. 96-1989.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
11. C�MS :
MOTION by Councilman Billings to authorize payment of Claims No.
29540 through 29726. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
12 . �,ICENSES •
MOTION by Councilman Fitzpatrick to approve the licenses as
submitted and as on file in the License Clerk's Office. Seconded
by Councilman Billings. Upon a voice vote, all voting aye, Mayor
Nee declared the moti�on carried unanimously.
13. ESTIMATES•
MOTION by Councilman Schneider to approve the estimates as
submitted:
Dailey Homes, Inc.
11000 Central Avenue N.E.
Blaine, 1�T 55434
West Satellite Fire Station
110 77th Way N.E.
FINAL $STIMPiT$ . . . . . . . . . . . . . . . $12, 334.3?
Gunderson Brothers
2325 Snelling Avenue
Minneapolis, MN 55404
1989 Miscellaneous Concrete
Curb, Gutter & Sidewalk
FIN!►L 88TIlil�T$ . . . . . . . . . . . . . . . $ 7 , 599 . 21
HNTB
6700 France Avenue South
Suite 260
Minneapolis, l�i 55435
Water Distribution System
Study Project No. 191
FINliL $8TI1�PiT8 . . . . . . . . . . . . . . . $ 2 , 952 . 58
FRIDLEY GITY CO�NCZL I[ESTI�Q O� DECEMBEA 4. 1989 P�aB 11
Herrick & Newman
6401 University Avenue N.E.
Suite 205
Fridley, I�IIJ 55432
For services rendered
November 19, 1989 . . . . . . . . . . . . . $ 2,148.00
Gammon Bros., Inc.
13845 Northdale Blvd.
Rogers, I+IIJ 55374
Street Improvement Project
No. ST. 1989- 1& 2
Estimate No. 9 . . . . . . . . . . . . . . . $43,182.71
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADJOURNMENT:
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilman Billings. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of December 4, 1989 adjourned at 8:39
p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
Approved:
1
CITY OF FRZDLEY
M$MORl�iNDOM
�� .
TO: WILLIAM W. BIIRNS, CITY MANAGER �►��
FROM: RICHARD D. PRIHYL, FINANCE DIRECTOR
SHARON FETTING, STAFF ACCOIINTANT
SOBJECT: 1990 BIIDGET ORDINANC$
DATE: DECEMBER 13, 1989
Attached is the ordinance for adopting the budget for the fiscal
year 1990. This is tq be presented to the City Council on December
18, 1989 for second reading and passage.
No changes have been made to the ordinance since first reading on
November 20, 1989. Council should be aware that should they decide
to make any changes, they would have to hold another public hearing
in order to be in compliance with the Truth in Taxation
requirements.
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ORDINANCE NO. _
AN ORDINANCE FOR ADOPTING THE BUDGET FOR THE FISCAL YEAR 1990
Tna acy co�,�cu or ►he cacr a Fr+dwy n.►wy «aa�r�s as raioWS:
t. That the annual budpet o( tM dty of Fridley for the tisCa! year beQinninp January t, 1990 which Aas been submitted by ihe Cily Manager
antl mafified and approved by the City Council Is hereby adopted, the total ol said budpet and their major divisions thereof beqin as lollows:
2. That the Gity Manaqer be direCted to cause the apprapriate accountinp entries to be made in the books ol the City.
ESIIMATED
GENERAL FUND REVENUE APPROPRIATIONS
7axes and Speclal Assessments:
Current Ad Valaem
pelinque�t, Penafll93,
Forleited
Spedai Assessments
Lfcenses and PermRs:
Ucenses
Permits
Interpwernmental:
Federal
State -
Homestead and Apricufture
Credit AW
Local Government Ald
All pther
Charyes fa Services
Fines and Falelts
Interest on Investments
Misceilaneous Revenues
Other Financinp Sources:
5ales of General Fixed Assets
Housinp and Redevelopment Authority
Water Fund
Sewer Fund
Storm Water Fund
Special Assessment
Encumbrances Fund
MIS Fund
IFiDB Depasfts Fund
Liquor Fund
Construction Funds
TOTAL REVENUES AND OTHER
FINANCING SOURCES .
Fund Balance:
General Fund Reserve
TOTAL GENERAL FUND
SPECIAL REVENUE FUNDS
Cable N Fund
Grant Manapement Fund
TOTAL SPECIAL REVENUE FUNDS
CAPRAL PROJECTS FUNDS
Capital Improvement Fund
Property Tax - Current
Ad valorem
State Aid
Intergst on Investments
DonaUons
Fund Batance
TOTAL CAPITAL PROJECTS FUNDS
AGENCY FUND
Six Cities Watershed Fund
Property 7ax - Currenl
Ad Valorem
70TAt AGENCY FUMD
TOTAL
i3,427,580
70,876
2,619
126.929
182.125
6,419
886,097
1,837,523
428,562
177.911
287,639
2�0.000
44.607
20.619
149,807
136.600
73,145
2a,415
12.886
213,400
9,427
157,033
35.000
8.581.219
293.746
58.874,965
i78,425
219,998
t298,423
i85,550
300.000
487.242
10,000
217.208
51,100.000
i3,439
53.439
i10.276.827
Lepislative:
City COUntil
Planninp Commissions
Other Commissions
City Manaqement:
General Manapement
Personnel
Leflal
Finance:
Elections
Accountin9
ASSe55inp
MIS
City Clerk/Fiecords
PdiCe:
Police
Civil Delense
Fire:
Public Works:
Municipal Center
Tethnical Enqfneering
Tral(ic Enginaering
Street Lighting
Public Works Maintenance
Recreation:
Naturalist
Recreation
Community DevelopmenL
Building Enlorcement
Planning
Reserve:
Emerpency
NondepanmentaL
General Capitat Improvement
Parks Capital Improvement
Street Capital Imprpvement
5115,449
6,Oa t
5,767
290.808
71,660
160,697
25.124
a63,182
t60.503
374,569
77,804
2,536,677
t0,713
575,483
16a,5a8
378,549
56,fi27
t 40.868
t,680,850
208,666
455.505
169,198
322.270
389.155
34,252
58.874,965
578.425
219,998
5298,423
E6t 6,000
166,000
3tB4O00
51,/00.000
53.439
i3,439
510,276,827
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDIEY THIS _ DAY OF , 1989
WILLIAM J. NEE - MAYOR
ATTEST:
SHIALEY A. HMPAU - CfTY CLERK
Public Hearing: November 20,1989
Frst Readng: November 20, 1989
Second Reading:
PubliCation:
1A
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FROM:
DATE:
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MEMORANDUM
William W. Burns, City Managerl�,1�•
John G. F1ora,FPublic Works Director
December 6, 1989
SDBJECT: Elevated Water Storage Tank
PW89-458
As the City has continued to grow and placed demands on our water
system, we retained the services of HNTB this past year to evaluate
our water distribution system and identify the needs to satisfy not
only current but potential full development requirements placed on
the City.
The study supported a previous 1976 study that the City had
completed and identified the need for additional elevated storage
within the low and intermediate water distribution systems. This
additional storage was predicated upon the need for reducing our
continuous pumping requirements, providing for economic filling of
the tanks during the evening hours, insuring adequate water was
available for the immediate morning needs, and providing the
necessary storage for any major fire event that should occur.
In evaluating the siting locations for an elevated tank within the
low and intermediate zones, emphasis was given to the availability
of public land, open land, elevation and access to existing major
distribution lines.
While three (3) site
the land was of such
they were eliminated
Within the low level
be considered.
s were identified in the intermediate zone,
use and located within residential areas that
from being considered for tank construction.
zone, Locke Park became the obvious area to
2
Within Locke Park, we evaluated three (3) separate areas: the area
adjacent to Locke Park Filter Plant, an area adjacent to the
Corporation Yard, and the area adjacent to the NSP Transformer site
off of Highway 65. Based upon a thorough analysis, the NSP
Transformer site became the best choice as it was considerably
higher in elevation, it was away from residential neighborhoods,
it was removed and visually protected by the park, and it was close
to a major water distribution line along Highway 65.
��
2A
Page Two - PW89-458
In reviewing the various elevated vessels that are available, we
looked at the elipsoidal, the waterspheroid, and the fluted tanks.
The elipsoidal was determined in the long-run the most costly of
the three (3) types of tanks. While the waterspheroid was the
simplest of the tanks, it is considered that the fluted tank would
be the most economic to construct based upon a size requirement of
1.5 MG. As a result, we would propose to bid a waterspheroidal and
fluted as options in determining the most cost effective sturcture
which could be located at the site.
As it was determined that the intermediate zone did not provide a
site for an elevated tank, we reviewed the storage needs of the
system and determined that a 1.5 MG tank located in the Iow level
system supported by some additional pumping to transfer the water
from the low to intermediate 2ones would be the most benef icial and
cost effective vessel to satisfy the City storage needs.
As a result of the analysis by HNTB and the City staff, it s is
recommended that a 1.5 MG elevated tank be located in Locke Park
west of the NSP Transformer station and the construction be
initiated in 1990.
Recommend that the City Council authorize staff to prepare the
final plans for the 1.5 MG elevated storage tank and advertise for
bids.
Additional well development and booster pumping modifications will
be addressed in conjunction with the overall distribution study
when the 5-Year Capital Improvement Program is being revised during
the first portion of 1990.
JGF/ts
Attachments
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CITY OF FRIDLEY
PI.PiI�iNINC; COMMIBBION 1S8ETII�I(3, DECEMBER 6, 1989
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CALL TO ORDER•
Chairperson Betzold called the December 6, 1989, Planning
Commission meeting to order at 7:35 p.m.
ROLL CALL:
Members Present: Don Betzold, Dean Saba, Sue Sherek,
Paul Dahlberg
Members Absent:
Others Present:
Dave Kondrick, Alex Barna
Barbara Dacy, Planning Coordinator
APPROVAL OF NOVEMBER 8 1989. PLANNING COMMISSION MINUTES:
MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to approve the
November 8, 1989, Planning Commission minutes as written.
IIPON A VOICE VOTE � ALL DOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED IINANIMOIISLY.
1. UPDATE ON COMPREHENSIVE PLAN PROCESS:
Ms. Dacy stated that at the November 14, 1989, City Council
Conference meeting, the Council agreed in concept to the necessity
to update the Comprehensive Plan and the general process. But, the
Council expressed some of the same concerns they had in the early
80's, and that is the amount of requirements and policies the
Metropolitan Council will impose and how those will conflict with
local policy.
Ms. Dacy stated staff was directed to make a list of those issues,
but the primary emphasis the Metropolitan Council is making right
now is what the City is doing in the Transportation Chapter and the
Waste Water Management Chapter, because the Metropolitan Council
has amended its plans for those two issues.
Ms. Dacy stated Council also felt it was very important to reverse
the process. Instead of having the drafts, which would include the
goals and policies, reviewed by the Planning Commission first, they
want those to go to the Council first. The Council wants to be
aware of the types of information staff is making available to the
Commission and what is going to be proposed.
3A
PI�ANNING COZIIrII88ION 1�ffi$TING, DSCBMBSR 6, 1989 __ pAQE �
Ms. Dacy stated
making to this
outlines of the
chapter.
she told the Council that there has been no policy
date, and that staff has just been preparing
types of information that would be included in each
Mr. Dahlberg stated, that intending no disrespect to the Council,
he was a little concerned about reversing the process. The
Planning Commission acts as a planning commission body--in a review
and recommendation role, rather than in a reactive role. In fact,
they would be acting in a reactive role if the process is reversed.
Maybe it is not a priority issue from the standpoint of the
Council, but the Planning Commission should still have the ability
to make recommendations and just take positions relative to certain
planning issues that may have relevance. He is very concerned that
they then become an ineffective commission.
Mr. Dahlberg stated maybe the Council can be made aware of the
issues the Planning Commission would be dealing with and the
Council could make their position known to the Conunission. The
Commission can then use that information as a resource in their
discussions and recommendations. He would be concerned that it is
going to be a situation where the Council tells the Commission to
only deal with certain things.
Mr. Dahlberg stated that Ms. Dacy had included some information she
had received from the American Planning Institute Conference she
attended on November 9, 1989. One of the handouts she received was
"Fourteen Ways to Build a Better Commission." Mr. Dahlberg stated
that item #7 stated: "Meet periodically with your City Council or
County Board to exchange ideas and to assess your mutual
objectives." He stated this seems to be a more valuable, more
productive, and more positive way to deal with issues than for a
City Council to tell a Commission to only deal with certain issues
and then come back with a recommendation.
Mr. Betzold stated Mr. Dahlberg is right. The Planning Commission
has never really had meetings with the City Council, and he felt
the Council should meet regularly with the Planning Commission.
He is not opposed to the Council knowing in advance what the
Commission is goinq to be reviewing and discussing. However, he
is very concerned about a situation where the Council wants to see
the drafts first and then send their opinions to the Planning
Commission. Those opinions could very well affect the Planning
Commission's review and recommendations. He did not want to see
the Planning Commission rubberstamping something already decided
by the Council. He wanted the Planning Commission to be able to
give the Council their full input and thoughts on any issue. It
is certainly the Council's prerogative to see everything before it
comes to Planning Commission, but he did not think it was a good
policy to do that.
pLANNINQ COMMISSION 1dE$TI1�1a, DgC$MB$R 6. 1989 PAG$ 3
Mr. Dahlberg stated this has got to be more a complimentary
situation with the Planning Commission than an adversary situation.
There is no need for the Planning Commission or any other
commission within the City to have an adversarial role with the
City Council. If the Council is suggesting that they direct the
Planning Commission to only deal with certain issues, then, in his
opinion, that is not productive.
' Ms. Sherek stated she also agreed with Mr. Dahlberg. She has
� always felt that the function of the Planning Commission is to make
recommendations to the City Council and not vice versa.
Mr. Saba stated this could also limit the creativity of the
Planning Commission body.
Mr. Betzold stated that if the Council's objective is to avoid
� controversy, then rie did not think that was all good.
' Disagreements and disputes along the way make for better
; discussions and better policies.
Mr. Betzold again stated he did not mind if the Council wants to
be briefed and advised of issues that are to come before the
Planning Commission, but he is very uncomfortable with the thought
that they would require staff to send draft proposals and
information to the Council before the Planning Commission.
The Commissioners agreed.
Ms. Dacy stated the Human Resources Commission has requested that
they look at a number of chapters (Transportation, Housing, Land
Use, Human Resources) for input. In view of a process, it would
be good that the Human Resources Commission and Parks & Recreation
Commission review chapters prior to the chapters going to the
Planning Commission.
Ms. Sherek stated she had some concerns regarding Metropolitan
Council, and that was that the City not get one-third to one-half
way through the Comprehensive Plan process, and then have to
backtrack because of Metropolitan Council requirements.
Ms. Dacy stated that, as they prepare the drafts, City staff could
work informally with Metropolitan Council staff to avoid any back-
tracking.
Mr. Saba stated he thought the Environmental Quality and Energy
Commission should be involved in the following chapters:
Environmental Resources, Land Use, Transportation, Parks and Open
Space, Solid Waste.
Mr. Saba stated he really appreciated the information and data
supplied by staff. They have done a good job.
.
3C
�LANNING COMMISSION ME$TINa. DgCBMHBR 6, 1989 PAGS 4
2. UPDATE ON SYSTEMATIC CODE ENFORCEMENT•
Ms. Dacy stated that at the November 14, 1989, Council Conference
meeting, the Council agreed to further consider systematic code
enforcement provided no additional staff is required and certain
issues are clarified. Mr. Barg, Code Enforcement Officer, is to
come back to the Council in January with answers to the following
questions:
1. What types of violations have been a problem in the past?
2. What codes are to be targeted in this policy?
3. Are changes necessary to make these codes clear,
efficient, and fully enforceable?
4. What is the planned inspection schedule?
5. What are the other "nuts and bolts" of the policy?
Mr. Saba stated it might be a good idea to highlight some of the
real code enforcement problems in the City in a future newsletter,
i.e., junk cars, outside storaqe, etc., so people are made aware
that these are code violations.
Ms. Sherek agreed. That should really go in the next newsletter
before the initial code enforcement program begins early next year.
Mr. Dahlberg stated the major violations could also be listed and
the actual code language for each violations.
Ms. Sherek stated that with code enforcement, staff should keep in
mind that a lot of the worst offenders are not residential.
3. NEW COMMISSION MEMBER ORIENTA�ION HANDBOOK:
Ms. Dacy stated this was an idea which originated from the Human
Resources Commission. That Commission directed staff to assist
them in preparing an orientation handbook for the Commission. In
further discussions, the Commission decided an orientation handbook
would be useful for all of the commissions.
Ms. Dacy stated the proposal is that staff would create an
orientation handbook that would have two parts. The first part
would contain reference materials and information regarding elected
representatives and the City organization. The second part would
contain items specifically relating to a particular commission.
Ms. Dacy stated once a commission member has been appointed by the
City Council, a personal meeting will be scheduled at the Municipal
3D
PLANNINd COMMI88ION MEETING. D$CBMB$R 6. 1989 PAGE 5
Center with the new appointee, the chairperson� of the commission,
possibly the Mayor, and staff liaison.
Mr. Betzold suggested that new Commission members be invited to
attend a Planning Commission meeting. That would also help them
get acquainted with the commission process and structure.
The Planning Commission members were in agreement with the concept
and approach for the commission member orientation handbook and
confirmed the following 12 items specifically related to the
Planning Commission:
1. Commission's role
2. State Statutes, enabling legislation
3. Basic land use definitions
4. Application flow chart - blanks for meeting dates, list
of subrequirement applications, ordinances
5. Copy of applications
6. Scheduled meetings
7. APA citizen's guide to commissions
8. Zoning map
9. Zoning ordinance
10. Subdivision ordinance
11. Sign ordinance
12. LRT information
4. REPORT ON AMERICAN PLANNING INSTITUTE CONFERENCE:
Ms. Dacy stated that she had included the handout, "Fourteen Ways
to Build a Better Commission" for the Commission's information.
Ms. Dacy referred to #il: "Tour about as a commission to see what
others are doing."
Mr. Betzold stated he would like to see the Commission do that once
in awhile.
Mr. Dahlberg stated that earlier he had referred to #7: "To meet
periodically with your City Council or County Board to exchange
ideas and to assess your mutual obj ectives ." He stated # 12 was
3E
pLANNING COMMI88IOH 1dB8TINa, DBCBMIBBR 6, 1989 PAGE 6
related to that also: "Appoint a commission representative to
appear before the elected body when it is necessary to explain or
sell an action. Don't expect staff to do your job."
Mr. Betzold stated that when there is a specific item going to the
Council, maybe it would be appropriate for staff to invite the
chairperson or commission to the Council meeting.
Mr. Dahlberg stated the Environmental Quality and Energy Commission
has asked to be informed by staff when there is an issue on solid
waste or recycling on the Council agenda. It seems only fair to
inform either the Planning Commission body or a separate commission
so they can be at the Council meeting to answer questions or just
to observe.
Ms. Sherek stated that when there is an item that a staff person
knows has been under serious discussion or has been controversial
at the commission level, maybe that staff person should either flag
the item on the Council agenda and send it to the chairperson or
all the chairperson. Many times, the chairperson or commission
does not even know when a certain item will be on the Council
agenda. If the chairperson cannot attend, maybe another member of
the commission would be willing to be the spokesperson.
Ms. Dacy stated that in the past, the Planning Commission has done
an annual workplan, and she was going to present that workplan at
the January meeting. She will incorporate into the workplan the
items in which the Planning Commission has expressed an interest
(items 3, 4, 7, 8, 11, and 12 of the "Fourteen Ways to Build a
Better Commission").
Mr. Saba stated he would like to include item 10 also: "Attend
some short courses on new planning techniques or the latest in land
use law, and expect your staff to do the same." He stated the
Commission doesn't necessarily have to attend courses, but whenever
staff attends a planning seminar, maybe staff can spend 10-15
minutes at a Commission meeting updating the Commission on the key
issues discussed at that seminar.
Mr. Dahlberg agreed. He stated Commission members also have the
option to attend planning seminars whenever possible.
5. RECEIVE OCTOBER 17 1989 JOINT ENVIRONMENTAL QUALITY
COMMISSION AND ENERGY COMMISSION MINUTES:
MOTION by Mr. Saba, seconded by Mr. Dahlberg, to receive the
October 17, 1989, Joint Environmental Quality Commission and Enerqy
Commission minutes.
IIPON A VOICE VOTB, l�LL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE
MOTION CARRIED IINANIMOIISLY.
3F
pL!►NNINQ COI+II�IISSION l�IB$TINQ, DBC�$R 6, 1989 pAQ$ 7
6. RECEIVE NOVEMBER 2 1989 HiJMAN RESOURCES COMMISSION MINUTES•
MOTION by Mr. Sherek, seconded by Mr. Saba, to receive the November
2, 1989, Human Resources Commission minutes.
Mr. Betzold stated Ms. Sherek had made a very valid point in
questioning the Council's priorities that public funding be used
to help finance commercial development rather than senior housing.
IIPON A VOICE VOTE, ALL VOTINa AYE, CSAIRPERSON B$TZOLD DECLARED THE
MOTION CARRIED IINANIMOIISLY.
7. OTHER BUSINESS:
Mr. Betzold stated he had attended the public informational meeting
on LRT held on November 29, 1989, at 7:00 p.m. at Murzyn Hall in
Columbia Heights. Jock Robertson, Steve Billings, and Ed
Fitzpatrick also attended the meeting. About 250 people attended
the meeting. He stated Anoka County Commissioner Paul McCarron was
in charge of leading the meeting, and he did a very good job.
Mr. Betzold stated there were some problems in the presentation by
BRW. A film was shown which was too long and boring. He stated
they did not do a very good job of explaining the "why" of LRT.
That was kind of skimmed over, and the people were more interested
in what it is going to cost.
Mr. Betzold stated he believed a lot of people left the meeting
thinking that the LRT is going to go down both University and
Central Avenue, because the information that it was to be one or
the other was unclear. He also believed some people left the
meeting a little confused.
Ms. Sherek stated she has talked to some people who attended the
meeting who felt there were some points raised at the public
meeting that were not addressed. One point was the closing of some
intersections for the LRT and that people will have to cross at
limited intersections.
Mr. Betzold stated he did feel, however, that the public meeting
was a worthwhile endeavor. The City definitely needs to be
involved in the process and have a public meeting; however, the
meeting should be held in a location separate from the Municipal
Center.
ADJOURNMENT•
MOTION by Ms. Sherek,
meeting. IIpon a voice
declared tbe December
adjourned at 9:2o p.m.
seconded by Mr. Dahlberg, to adjourn the
vote, all votinq aye, Chairperson Bet$old
6, 1989, Planniaq Commiseion meetinq
_. _
3G
PLANNING COMMISSION MESTING. D8CB1�8$R 6. 1989 PAGE 8
Respectfully sub itted,
...1
�
Ly Saba
Recording Secretary
�
�
unr oF
F� a�
D71TE :
TO:
COMMUNITY DEVELOPMENT
DEPARTMENT
MEMORANDUM
December 14, 1989
�.�
William Burns, City Manager���
FROM: Jock Robertson, Community Development Director
Barbara Dacy, Planninq Coordinator.
Pat Wolfe, Housing Specialist
808JECT: Approve and Authorize Execution of Memorandum of
Unders�anding for Rental Rehabilitation Program
Attached is the proposed memorandum of understanding with the
Metropolitan Council, the Minnesota Housing Finance Agency, and
Anoka County which will permit the City of Fridley to participate
in the Rental Rehabilitation Program. We have reviewed the
agreement with representatives from MFHA and have met with
officials from ACCAP who will be administering a majority of the
program. The City Attorney has also reviewed the memorandum.
Anoka County has executed a service contract with ACCAP to hold
ACCAP responsible for administering the program in Anoka County
cities. JoAnn Wright from Anoka County advised me that a contract
between ACCAP and the City of Fridley is not necessary, given the
existence of Anoka County's contract.
We recommend that the City Council approve the attached agreement
and authorize the Mayor to execute this aqreement.
BD:ls
M-89-752
�
MINNESOTA � ''- -- 4 A
HOUSING
FINANCE �_ �
AGENCI� '
MINNISIIIA IQOO
!i
November 21, 1 ��i39
Ms. Pat Wolfe
City of Fridley
6431 University Avenue
Fridley, MN 55432
RE: MINNESOTA HOUSING FINANCE AGENCY
HUD RENTAL REHABILITATION PROGRAM (RRP)
MEMORANDUM OF UNDERSTANDING--METROPOLITAN COUNCIL
C�ear Ms. Wolfe:
The Rental Rehabilitation Program (RRP) was designed to provide both RRP Grant
funds for construction and Section 8 Existing Certificates and/or Housing Vouchers for
rent subsidies to tenants. In April of 1989, the RRP also became subject to the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (Uniform Act). As a
result the local Public Housing Authority or Housing and Redevelopment Authority
(PHA) shall also administer the Uniform Act on behalf of tenants displaced because of
the effects rehabilitation had on properties funded under the RRP.
The RRP rules require the Minnesota Housing Finance Agency (grantee), the
Metropolitan Council, the Area Administrator and the local PHA execute a Memorandum
of Understanding (MOU) to participate in the RRP. The MOU sets forth the duties and
responsibilities of the above parties in providing certificates and vouchers; and
relocation and displacement assistance in support of the RRP in accordance with
applicable HUD requirements.
Attached are six copies of the MOU for your review and signature. Please complete the
MOU by:
Entering the name of the PHA and the Area Administrator executing this
agreement on Page 1. (In some cases this may be the same legal entity.)
2. Entering on Page 2 the date the Administrative
with the Metropolitan Council. � 5�,�.i_C�
�
3. Completing Exhibits A and B.
4. Obtaining the required signatures on Page 8.
Services contrac was executed
� < < �' r48�;
� �v��ifr��ti � -
,�'
Please execute all six copies, retain a copy for your file and return the remaining five
copies to the Agency within ten (10) days.
400 Slblsy St�eet, Suite 300, St. Paul, Mlnn�sota 5b101 (612) 2�6-7608 T�I�copler (612) 2�8-8139
Equal Opportunity Housln� and Equal Opportunity Employm�nt
� �
Page 2
The Agency will then forward these five copies to the Metropolitan Council for their
signature. Upon receipt of the executed Memorandum from the Metropolitan Council,
the Agency will execute the MOU and return completely executed documents to the
PHA, the Area Administrator, and the Metropolitan Gouncil.
For assistance, please contact Susan Haugen, MHFA Coordinator for the RRP at
(612) 296-9848.
Sincerely,
r►V`
M. J. Tero, Director
Multi-Family Development
MJT:Ias
Encl.
4C
RENTAL REHA8ILITATION PROGRAM
FISCAL YEAR 1990 FUNDING AUTHORITY
MEMORANDUM OF UNDERSTANDING
Metropolitan Council
THIS AGREEMENT is made and entered into by and between the Minnesota
Housing Finance Agency (hereinafter referred to as the "MHFA"), a public body
corporate and politic of the State of Minnesota, the Metropolitan Council (hereinafter
referred to as the Metropolitan Council) a body corporate and politic of the State of
Minnesota, the �ity of Frid ev
(hereinafter referred to the "PHA"), a body corporate and politic of the State of
Minnesota, and the co�c9 of eno� (hereinafter referred to
as the Area Administrator), a legally constituted pubtic or governmental entity, or a
nonprofit incorporated organization, or an entity which has received written MHFA
authorization to participate in the Program:
WITNESSETH:
WHEREAS, the MHFA has been accepted for participation in the Rental
Rehabilitation Program (hereinafter referred to as the "Program, which is to be
administered by the United States Department of Housing and Urban Development
(hereinafter referred to as "HUD") pursuant to Section 17 of the United States Housing
Act of 1937, and regulations contained in 24 CFR Part 511, (hereinafter referred to as
the "Rental Rehabilitation Regulations"); and
WHEREAS, the the PHA is a"Public Housing Authority" as such term is used in
the Rental Rehabilitation Regulations; and
WHEREAS, there is a unit of general local government or a non profit
incorporated organization or the PHA or an entity which has received written MHFA
authorization for participation in the Program (hereinafter referred to as the "Area
Administrator"); and
WHEREAS, the Metropolitan Council will submit, with MHFA authorization, a
written application to HUD to request Section 8 Housing Voucher contract and budget
authority for use in conjunction with the Program (hereinafter referred to as "Program
Vouchers") and/or the PHA has an active Section 8 Certificate or Housing Voucher
Program with sufficient available contract and budget authority to adequately support
the Program; and
WHEREAS, the PHA and the MHFA wish to have the PHA participate with the
MHFA in the implementation and continuing administration of the Program; and
i �
WHEREAS, the Rental Rehabilitation Regulations require that the MHFA, the
PHA and the Area Administrator enter in a Memorandum of Understanding which sets
forth the duties and responsibilities of the PHA, the Area Administ�ato�, a�d the MHFA
under the Program.
WHEREAS, the PHA executed a contra�t of Administrative Services on
eprii is, �9ss with the Metropolitan Council which provides for the PHA
to pertorm Section 8 application, certification and inspection services for the
Metropolitan Council.
NOW, THEREFORE, the parties hereto do hereby consent and agree as follows:
1. That the purpose of this Agreement is to:
A. Specify the duties of the PHA, the Metropolitan Council, the Area
Administrator, and the MHFA, as such duties relate and interact
between such entities, in the implementation and administration of
the Program; and
B. Specify the administrative procedures to be followed in
coordination the use of contract and budget authority for Section 8
Certificates and Housing Vouchers for use in conjunction with the
Program.
2. The Metropolitan Council shall enter into and execute any documents
required by HUD to obtain contract and budget authority for Section 8
Housing Vouchers pursuant to the Section 8 Housing Vouchers; Finaf
Rule dated September 6, 1988. In addition, the MHFA, the PHA and the
Metropolitan Councif shall pertorm all acts and execute any document
necessary to accomplish such assignment and conveyance.
3. The Metropolitan Council shall semi-annually or as otherwise agreed
apprise the PHA and the MHFA of the availability of housing vouchers
and certificates.
4. The Metropolitan Council shall provide to the PHA the contract and
budget authority for Section 8 Housing Certificates or Vouchers it
receives from HUD pursuant to Section 2, herein, and Section 8
Certificates or Vouchers it receives directly from HUD, for the following
purposes:
A. To minimize displacement of tamilies residing in projects to be
rehabilitated under the Program;
B. To assist fami{ies residing in projects to be rehabifitated under the
Program;
C. To assist families who move from projects undergoing
rehab+litation under the Program; and
4E
D. To assist families who move into projects which have been
�ehabilitated under the Program.
5. The PHA and the Metropolitan Council shall follow and comply with the
provisions contained in the MHFA Procedural Guide for the Program, and
the following regulations and proposed rules, in its use of the reservation
of contract and budget authority for Section 8 Certificates and Housing
Vouchers it receives from the MHFA, and in the issuance of Section 8
Certificates and/or Housing Vouchers it receives from HUD for use under
the Program:
A. 24 CFR Part 812;
B. 24 CFR Part 813;
C. 24 CFR Part 882, Parts A& B;
D. 24 CFR Part 887;
E. 24 CFR Part 888;
F. 24 CFR Part 960;
G. July 12, 1984, FR 28458; February 28, 1985, 50 FR 8196; May 8,
1985, 50 FR 19475; March 31, 1986, 51 FR 10932, and
December 30, 1988, 51 Fr 47064.
H. 24 CFR Part 511
Section 8 of the United States Housing Act of 1937;
J. All other applicable federat laws; and
K. AI{ other HUD regulations, requirements, notices, and documents
entered into by the PHA and HUD including any Annual
Contributions Contract and any Administrative Plan and Equal
Opportunity Housing Plan approved by HUD.
6. The PHA shall administer the Relocation and Displacement Assistance to
tenants displaced because of the effects of the Program in accordance
with the following requirements:
A. The MHFA's Displacement and Tenant Assistance Policy
(hereinafter referred to as TAP) contained in the MHFA Procedural
Guide for the Program;
B. The Uniform Relocation Assistance and Real Property Acquisition
Act of 1970 (hereinafter referred to as the Uniform Act) contained
in 49 CFR Part 24;
4F
C. The Displacement and Tenant Assistance Poficy under 24 CFR
511.10 (h), which includes the following provisions:
1. The PHA and Area Administrator shall only use program
funds for projects that will not cause displacement of very
low-income iamilies by a family that is not a very low-
income family; and
2. The PHA shall provide appropriate advisory services to all
tenants dwelling in the project at the time of owner's
application to participate in the Program. However, the
Rental Rehabilitation Regulations do not require payment of
cash assistance for moving or housing expenses to
residential tenants who do not qualify as low-income
persons, business or non-profit organizations unless such
is physically displaced and then such tenant, regardless of
ir�come, is eligible for full benefits under the Uniform Act.
A PHA that provides relocation and displacement assistance to all
displaced low-income tenants of a dwelling in accordance with the
standards set forth in this document and the MHFA Procedural
Guide for the Program is in compliance with 24 CFR 511.10 (h).
D. The PHA shall be responsible for ensuring compliance with the
applicable relocation requirements, notwithstanding the owners
contractual obligation to comply. To pay the cost of relocation
assistance, the PHA may use Program funds (provided they are
calculated as part of the project cost), Community Development
Block Grant (CDBG) funds (subject to compliance with 24 CFR
Part 570), local public funds, or funds available from other
sources.
The PHA shall, in Exhibit A, identify the availability of monies from
sources other than the Program to be used on funding
displacement and relocation assistance, if any.
E. The PHA shall, in Exhibit B, identify contact person(s) responsible
for administration of notices, determination of eligibility, and
offering Uniform Act assistance in conformance with the MHFA
Procedural Guide for the Program and this document.
7. The MHFA shall, in its sole discretion, designate projects to be
considered for rehabilitation under the Program, and upon such
designation the MHFA or Area Administrator shall notify the PHA of the
identity of each such designated project. The PHA or the Area
Administrator shall submit a summary report, an example of which is
contained in Exhibit C to the Metropolitan Council and the MHFA
indicating the proposed commitment of funds and scheduled completion
dates. The information to be provided should include:
4G
A.
B.
C.
D.
E.
Project address;
Number of units and bedroom mix;
Oocupancy information;
Preliminary tenant information; and
Program funding source.
As soon as possible after the receipt of the above information, the
Metropolitan council shall advise the Area Administrator or the
PHA of the availability of Program vouchers for the designated
projects. The Metropo{itan Council shall, if necessary, and as
soon as feasible, � apply to HUD for the contract authority for
additional certificates and vouchers.
8. As soon as possible after notification by the MHFA or Area Administrator
of the identity of the designated projects referred to in Section 7 herein,
the PHA shall:
A. Pertorm an inspection of each such designated project to
establish what rehabilitation is needed thereto in order for such
designated project to comply with the Housing Quality Standards
specified in 24 CFR S882.109 (hereinafter referred to as the
"H�S"); and
B. Supply the MHFA or the Area Administrator with a certification for
each such designated project listing what rehabilitation is needed
thereto in order for such designated project to comply with the
HQS, or stating that such designated project already complies with
the HQS.
C. Review the preliminary tenant information contained in the tnitial
MHFA Tenant Survey, which is attached hereto as Exhibit D, or
similar information provided by the tenants at application and
supply the MHFA or Area Administrator with an initial
determination of tenant's etigibility for Section 8 Assistance or
Uniform Act relocation or disptacemer,t benefits.
9. No later than thirty days (30) from receipt of the notification by the MHFA
or the Area Administrator of the identity of designated projects referred to
in Section 7 herein, the PHA shall:
A. Pre-screen all tenants residing in such project by obtaining, but
not confirming, all information necessary to evaluate such tenants'
eligibility for receipt of a Section 8 Certificate or Voucher or
Uniform Act relocation and displacement benefits;
4H
B. Supply the MHFA or the Area Administrator with a completed
Initial MHFA Tenant Assistance Record (hereinafter referred to as
the "TAR"), an example of which is contained in Exhibit E, or a
similar from approved by the MHFA, which lists the names of all
the tenants which were pre-screened in accordance with Section
9.A. herein and specifies the amount and kind of benefits to be
provided for permanent or temporary relocation or moving
expenses;
C. Supply the MHFA or Area Administrator with an estimate of the
total administrative cost attendant to the allocation or use of
benefits, which include housing counseling pursuant to the TAP
consistent with the applicable provisions in the Uniform Act; and
D. Shall take into consideration the expenses references in Section
9.6. and C. herein when determining the financiai feasibility of
such project. If a project is funded and causes tenant
displacement, relocation benefits shall be provided through the
Program to the extent that funds are available. If there are
insufficient Program funds available to cover such expense and
the PHA or Area Administrator have not identified funding sources
for relocation benefits outside the Program, the PHA and Area
Administrator may elect not to submit such project to MHFA for the
inclusion in the Program.
10. After completion of the inspection referred to in Section 8 herein and
evaluation of the results thereof, and after receipt of the information
referred to in Section 9 herein, the MHFA shall, in its sole discretian,
select projects for inclusion in the Program, and upon such selection
shall notify the PHA and the Area Administrator of the identity of each
such selected project. The MHFA shall not select a project for inctusion
in the Program for which there are insufficient Program funds or other
guaranteed funds from sources other than the Program to cover the
entire amount of the relocation benefits and displacement assistance and
the expenses incurred by the PHA to administer the Uniform Act.
11. No later than thirty (30) days from receipt of a notification by the MHFA
that a financing commitment has been issued by the MHFA for a selected
project referred to in Section 10 herein, the Metropolitan Council shall:
A. Explain the Section 8 Housing Certificate or Voucher Program to
eligible tenants and property owners; and
B. Establish eligibility for receipt of a Section 8 Certificate or Voucher
for those tenants residing in such project who wish to continue
such residence; and
41
C. Establish eligibility for receipt of a Section 8 Certificate or Voucher
for tenants residing in such project who wish to terminate such
residence, in order to provide displacement assistance therefore if
they change their residence from such project to another living unit
with the jurisdiction of the PHA; and
D. Upon request of the owner of the project:
1. Establish eligibility for receipt of a Section 8 Certificate or
Voucher for individuals on its waiting list who wish to reside
in such project and refer eligible tenants to vacant
rehabilitated rental units (Section 8 Certificates or Vouchers
issued in conjunction with the Program prior to FY 1987
may be utilized by families on PHA's waiting lists who agree
to move initially into a rental rehabilitation project);
E. Supply the Area Administrator and the MHFA with a written list of
all tenants for such project which are eligible for receipt of a
Section 8 Certificate or Voucher, designating whether each such
tenant is presently residing in the project but intends to terminate
such residence, is presently on the waiting list for the PHA, and
specifying the information obtained from all such tenants; and
12. No later than thirty (30) days from the receipt of a notification by the
MHFA that a financing commitment has been issued by the MHFA for a
selected project referred to in Section 10 herein, the Area Administrator
or PHA shall:
A. Establish relocation and displacement benefits for eligible tenants
and provide housing counseling services pursuant to the MHFA
Procedural Guide for the Program, and the Uniform Act for those
tenants who do not qualify and therefore are not eligible to receive
a Section 8 Certificate or Voucher;
B. Supply the MHFA or Area Administrator with a completed final
TAR, identifying all tenants referred to in Section 12.A. of this
document who are eligible for relocation services, benefits, and
the cost of such services and benefits for each tenant and provide
verification of the total administrative costs estimated pursuant to
Section 9.C. of this document.
13. Based upon the information described in Sections 11 and 12 herein, the
Area Administrator shall notify the PHA, the Metropolitan Council, and the
MHFA of the number of Section 8 Certificates and Housing Vouchers
required to assist eligible tenants.
14. Upon receipt of the contract and budget authority referred to in Section
13 herein, the PHA shall issue Section 8 Certificates and Housing
Vouchers, with such certifiicates and vouchers to be issued as follows:
4J
A. Waiting List -- Selection of Families:
1. A PHA shall offer a certificate or housing voucher to an
eligible family living in a rental rehabilitation project, at the
time the rehabilitation project is approved by the grantee, if
the family: (a) is required to vacate a unit because of
physical construction, housing overcrowding or a change in
the use of the unit; or (b) would have a post-rehabilitation
rent burden greater than 35 percent of the family's adjusted
gross income as a result of the rehabilitation.
2. A PHA shall use turnover housing vouchers or certificates
(i.e., those housing vouchers or pre-FY 1988 certificates
that are expected to be available for reissuance) for families
identified in paragraph 14.A.1. as well as any incremental
housing vouchers provided with Fiscal Year 1989
appropriations. Unless otherwise authorized by HUD,
these families have priority over any other families on the
PHA waiting list.
3. In the event of a PHA shortfall in resources for meeting
rental rehabilitation needs, HUD will ensure sufficient
resources to address the physical or economic
displacement of rental rehabilitation families.
B. Family Eligibility -- Type of Assistance:
To satisfy the PHA's obligations under paragraph 14.A.1, the PHA
must:
1. Issue a certificate or a housing voucher to any lower income
family living in a rental rehabilitation project who is
physically displaced because of rehabilitation activities,
overcrowding, or a changes in the use of the unit.
2. Issue of a certificate to any eligible lower income (but not
very low income) family living in a rental rehabilitation
project who has a post-rehabilitation rent burden in excess
of 35 percent of adjusted gross income.
3. Issue a housing voucher or a certificate to any eligible verv
low income family living in a rental rehabilitation project
who has a post-rehabilitation rent burden in excess of 35
percent of adjusted gross income.
4K
C. In its discretion, a PHA may provide a selection preference to an
eligible family whose rent would be between 30 and 35 percent of
its adjusted income as a result of rental rehabilitation activities. A
PHA must exercise this discretionary authority in a manner that is
consistent with its obligations with respect to the Federal
preferences once it has implemented the Federal Preference rule;
and
D. After the grantee approves a rental rehabilitation project, the PHA
must issue any needed housing certificate or vouchers to families
living in the project to be rehabilitated. The housing vouchers
must be issued so as to give families sufficient time to decide
whether to move (where they are not required to move) and to give
them time to locate other units (where they are required to move or
choose to move). The PHA shall issue Section 8 Certificates or
Vouchers approximately sixty (60) days before the estimated date
of completion of such rehabilitation.
15. To provide for maximum use of the Section 8 Housing Voucher provided
by HUD for the Program, the Area Administrator, the PHA and the
Metropolitan Council agree that the Metropolitan Council may issue
Program Vouchers to families on its regular waiting list until such time as
the Program Vouchers are needed for the Program. The Metropolitan
Council may issue Program Vouchers to families on its regular waiting
list after the Metropolitan Council:
A. Considers the number of available Program Vouchers, the number
of available Section 8 Certificates and Housing Vouchers, the
Area Administrator's projected rehabilitation schedule, the
Metropolitan Council's normal turnover rate, and the PHA's project
reports required under Section 7; and
B. Determines the normal turnover of Section 8 Certificates and
Vouchers is sufficient to accommodate the needs of the PHA and
the Area Administrator in providing Section 8 assistance to eligible
tenants.
16. The PHA and the Area Administrator understand that if the Metropolitan
Council is unable to make the full amount of Voucher funding available
when needed for the Program, a delay in the Program will result.
17. Upon the completion of the rehabilitation of a project the Area
Administrator shall notify PHA and Metropolitan Council thereof, and
upon the receipt of such notification the PHA and Metropolitan Council
shall:
A. Inspect such project to determine if it complies with the HQS; and
B. Supply the Area Administrator and MHFA with a certification list+ng
what items in such project do not comply with the HQS, or stating
that the inspected project fully complies with he HQS.
18. The MHFA shall, upon the completion of the rehabilitation of a project
and receipt of all documents it deems necessary to evidence such
completion, disburse to the PHA Program funds for each tenant of such
project to be disbursed to such tenants in a lump sum amount as
relocation benefits and displacement assistance. Unless sources of
funds other than from the Program are utilized, the MHFA will disburse
the entire amount of the Uniform Act assistance to the PHA from the
Program funds to assure payment in whole is made to such tenants. The
MHFA will disburse an amount equivalent to half of the administrative
fees, to the extent funds are available under the grant, to reimburse the
PHA for a portion of the Uniform Act related administrative expense.
i
19. Upon receipt from the MHFA of the monies referred to in Section 18
herein for relocation benefits and displacement assistance, the PHA shall
administer and disburse such monies in accordance with the provisions
contained in Section 6 herein.
20. The PHA and the Metropolitan Council shall maintain and preserve ali
information and documents which they acquire regarding the Program for
a minimum of five (5) years, and shall make such information and
dacuments available for inspection by the MHFA and the Area
Administrator upon request.
21. The MHFA and Metropolitan Council shall meet semi-annually or as is
otherwise agreed to discuss Program issues.
22. The PHA will refer vacant units to the Metropolitan Council for referral to
Metropolitan Council Section 8 Certificate and Voucher holders.
23. The Metropolitan Council will make available to the MHFA, PHA's and
Area Administrators Section 8 training as it is from time to time provided
by the Metropolitan Council.
IN WITNESS WHEREOF, the parties hereto, by and through their authorized
representatives, have set their hands and executed this Agreement the day and date
stated next to their signature.
4L
The day of , PUBLIC HOUSING AUTHORITY
19
By:
Its: �,or
The day of , AREA ADMINISTRATOR
19
ey:
its:
The day of , METROPOLITAN COUNCIL
19
By:
Its:
The day of , MINNESOTA HOUSING FINANCE AGENCY
19
By:
M.J. Tero
tts: �rector
Multi-Family Develo�ment
�'
4N
EXH{B{T A
Identify the sou�ces of funds other than the Program to be utilized to fund
Displacement and Relocation Assistance.
There are no other sources of funds to be utilized to fund Displacment and
gelocation Assistance.
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EXI-NBIT D-DRAFT 11 /21 /89
\ RENTAL REHABILITATION PROGFiAM
� 7ENANT SURYEY
PROJECT: _ _ _ , OWNER:
Name of OCCUPant:
A�dress. J1p1. No.:
NQTICE; Plsasa be advised that you will not be required to move without at least 90 days adva�ce written notice
and wi11 not be required to move pertnanenty unless at least one comparab�e replacement dwelYrp has been made
availab�e to you.
You also have the rigM to remain in the unit where you are preserny Yving during the rehadqtaUOn and will not have to
move, other than for cause or unless the work cannot be done while the unit is occuped.
Afte� the compleGon of the rehabiktation, you have the riqht to:
Remein in your present unit; or
q assisted, to occupy your unit lor the tull term ot the Contract unless evicled for cause or required lo
move for other good reasons such as a change in famly size.
�� �•
Please Check:
White, not of Hisparrc Origin
Black, not ol Hispanic Origin
Art�ericar► Indan or Alaskan Native
Fispanic
Asian or Pacific Islander
Taal Gross Monthly Income:
Average Monthly Rent and UtiNty Cost:
Percent oi Rent to Income
Income
8 Family income is between S and S . N so. ,:� are considered low income.
Family income is less Ihan S . U so, you are considered ver, ,ow income.
Intial Lease Date: Term ot Lease:
Do you have any plans to move within the nex13-9 months: � Yes ❑ No
N yes, why:
Are you a dependent or student dependent on family lor wpport? � Yes ❑ No
Special Characteristics of Household (i.e., disabled, eldeAy, etc.)
,�
Are you arreMly receiving rertlal assistance? H yes, What type?
Ib!PORTANT STATE6:EN S-- P{ease select one resoonse under �a�h sectlon
�ectlon 8 Asslstance:
1. 1 choCSe to 3CCept the SeClion 8 CeRifiCat6Mousitg VouCher (or the unit in whiCh I am bving, if 1 am eligible.
2. � I choose to accepl the Section 8 CenificateiHOUSing Voucher 1or a unit ol my choice, �I I am eiigible.
Qtsolacement Asslstance:
1. I d�qose to remain in the unit where 1 presenty ive and pay the after-rehabiGtalion renl.
2. ^ f choose to move to a unit ot my choice and may request the assistance ot the housir�q authority in tinding a
comparable unit. I understand that Unitorm Act assistance may be availa6le to me il a oompar;ble unit cannot
be Iound and I am eligible.
LEAD BASED PAINT STATEMENT;
I, , hereby CeAi1y that I have received the pubtication 'Watch out tor Lead Paint
Poiso�ing' and thac I have read and understand ►he iMOrmasion.
TENAN7: OATE:
Signature
jiyo� are not interested in obtairu'� relocaY n or renlal assistance nlease comnlete lhe tolbwir�qnoAion of this tortn
!, , hereby waive my rights to receive arry rebcation or renlal assistance that I may
be entitled to and there(ore wish not to release any income infortnatlon.
7ENANT: DATE:
Signature
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UTYOF
fRJDLEY
DATE:
TO:
COMMUNtTY DEVELOPMENT
DEPARTMENT
MEMORAN Dt1M
December 15, 1989
,� •�
William Burns, City Manager�'
5
FROM: Jock Robertson, Community Development Director
Barbara Dacy,�Planning Coordinator
Lisa Campbeli�(;Planning Associate
SIIB.7ECT: Consideration of Bid Award for Citywide Collection
of Curbside Recyclables
As per Council's request, staff has reviewed Super Cycle's bid and
the effect the materials disposition clause may have had on the
legality and value of the bid. The City Attorney has confirmed
that Super Cycle's bid is legal. He has also prepared revised
language for the marketing disposition clause. These findings are
further discussed in the first of the two attached memos.
As per Council's request, staff has also completed a thorough
investigation and comparison of Super Cycle, Inc., and Ramsey
Recycling, Inc. These findings are discussed in the second of the
two attached memos.
Staff Recommendation
Staff recommends that Council act to award the bid for Citywide
Curbside Collection of Residential Recyclables to Super Cycle,
Inc., and authorize the City Manager to execute the proposed
contract (Exhibit E). This recommendation is based on the
following findings:
1.
2.
3.
Affirmed legality of Super Cycle's bid status
Super Cycle's low bid status
Super Cycle has demonstrated its ability to provide an
excellent level of service over the last six months.
4. Super Cycle has effectively demonstrated its ability to
provide service in accordance with the bid
specifications.
5. All Super Cycle's references were excellent and report
fewer than one miss per collection period.
5A
Consideration of Bid Award for
Citywide Collection of Curbside Recyclables
December 15, 1989
Page two
6. Super Cycle is aggressively pursuing non-local paper
markets in order to reduce its vulnerability to another
collapse in the local paper market.
7. Super Cycle's bid of $84.00 per ton reduces the estimated
1990 contract costs by $10,944 from $68,400 to $57,456.
This is $2,052 less annually than the next highest bid.
LC:ls
M-89-759
�
�
�a�
OiiTE :
TO:
COMMUNITY DEVELOPMENT
DEPARTMENT
MEMORANDUM
December 14, 1989
william Burns, City Kanager
lROM: Jock Robertson, Community Development Director
Barbara Dacy, Planninq Coordinator
Lisa Campbel ,' �Planning J►ssociate
BIIBJECT: Clarification of the Materials Disposition Clause
r
As per Council's request, staff has further reviewed the bids of
Super Cycle, Inc.'s bid for citywide collection of curbside
recyclables. The specific question reqardinq Super Cycle's bid was
how does the materials disposition clnuse affect the legality of
the bid and the true costs associated with the bid.
I,egal ity of Bid
5
At the Council's request the City �►ttorney has reviewed Super
Cycle's bid for leqal conformity with the bid specifications. He
states that because the materials disposition clause was not
included as part of the bid but as part of the proposed contract
the bid is not inconsistent with the specifications. Please see
Exhibit A for a complete copy of the Cfty l�ttorney's opinion.
Market Continqency
The materials disposition clause is proposed by Super Cycle in
order to address a market contingency, specifically a collapse in
the paper �arket. 1� Contingency is defined as an event that may
occur but is not likely or fntended.
The materials disposition clause as propased by Super Cycle is
paraphrased below:
1. In the event that a saterial becomes non-marketable,
Super Cycle,� Inc., would have the right to cease
colle�ticn of that aaterial.
Clarification of the Materials
Disposition Clause
December 14, 1989
Page 2
5C
2. In the event that the City requires the contractor to
continue the collection of an non-marketable material,
after Super Cycle has notified the City, the City will
be responsible for the costs of disposal and
incineration.
The Council objected to the clause because if the Council chose to
continue collecting a non-marketable material the City's liability
for the incineration and disposal cost could unpredictably raise
the cost of the contract, thus understating the actual costs
associated with the contract. An additional concern regarding this
clause is that ceasing collection of a non-marketable material
without a corresponding reduction in the minimum monthly fee could
undercut the value of the contract.
Please note, under a market collapse it vould be staff�s
recommendation to discontiaue collectioa of a non-marketable
material. It is not responsible or economically Nise to continue
collection oi a material !or recyclinq tbat will actually be
landfilled of iacinerated.
Meeting with Super Cycle. Inc.
On December 5, 1989, you and Lisa Campbell met with Tom Glander,
Vice President of Super Cycle, Inc., and negotiated modifications
to the clause that allow thirty days after notification of a non-
marketable material before the Contractor would cease collection
of the material. The City would not be responsible for the
disposal and incineration fees during the first 30 days.
The modifications also require the contractor to renegotiate the
minimum monthly fee in the event that the City chooses to cease
collection of a non-marketable material. The modifications are
paraphrased below:
Modifications to tbe Clause
1. Once the contractor has notified the City of a non-
marketable material, the Contractor has thirty days to
find a market. During this thirty day period, the
Contractor will continue to pick up the material.
2. After thirty days, if the City wishes to continue to
collect the material, the City will pay the disposal and
incineration costs.
Or
5D
Clarification of the Materials
Disposition Clause
December 14, 1989
Page 3
3. After thirty days, the Contractor will cease collection
of the material and immediately meet with the City to
renegotiate the monthly minimum fee.
Please see Exhibit C for a complete copy of the revised clause.
Continqency Justified
During your meeting with Mr. Glander he also identified his paper
markets and outlined the issues that in his mind justified the
inclusion of the marketing disposition clause. Please see Exhibit
B for a complete copy of his follow-up letter regarding the need
for a marketing disposition clause.
Conclusion
The City Attorney has determined that Super Cycle's bid is legal
and in conformity with the bid specifications. With the legality
of the bid established, Super Cycle, Inc., is the low bidder. The
modified materials disposition clause allows the City the
opportunity to avoid liability for disposal and incineration fees
and allows for a reduction in the minimum monthly fee once the
material is no longer collected. These modifications reduce the
likelihood of additional costs to the City and provide safeguards
to maintain the value of the contracted service.
LC:ls
M-89-751
HERRICK & NEWM�N
A'I"PORNEYS AT LAW
Virgil G Hecrick
)amea D. Hoefc
Gregg V. Hmyck
o� ca,�
David P. Newman
William Burns
City Manager
City of Fridley
6431 University Ave. N.E.
Fridley, MN 55432
RE: Recycling Contract
Dear MR. Burns:
December 13, 1989
�,it A 5E
You have asked my opinion regarding a proposed contract with Super Cycle,
Inc. The question is whether the proposed contract is consistent with
the advertisement for bids that was received on November 17, 1989. I
have examined the advertisement for bids and the material that was sent
to the potential bidders. The proposed contract was not a part of the
bid specifications and was not included in the material sent to the
recycling companies.
Question has arisen as to whether the inclusion of the materials marketing
disposition clause is inconsistent with the advertisement for bids.
Inasmuch as the contract is not a part of the bid specifications, I
am of the opinion that including a materials marketing disposition clause
in the contract is not inconsistent with the bidding �procedure. It
is my understanding that this clause is in the existing contract. Because
of the concern expressed by the council, the staff has proposed a more
detailed materials marketing disposition clause. It is my understanding
that Super Cycle, Inc. is in agreement with the modifications as suqgested
by the staff.
Question as to whether the City Council wishes to enter into a contract
with this clause is a policy and economic decision. Should the council
decide they wish to do so. I do not believe there are any 1age1 problems
in including this clause in the contract.
Si ncere,�y, �
i /
.:��•,�.•�--��
.r
Virgil . Herrick
VCH:Idb
cc: Barb Dacy
Lisa Campbell�
Suice 205, fi401 [lniversiry Avenue N.F.., Fridley, Minnesota 55432, 612-571-3850
sup,�e� , = ycle
Compiete Recyciing Services
44.� Aecember 12, 1989
Hs. Lisa Campbell
Planning Associate
City of Fridley
6431 University Ave. N.E.
Fridley, HN 55432
Dear Lisa:
�. . :
775 Rice Street
St. Paul, Minnesota 55117
(612) 224-5081
FAX (612) 224-0315
The time you, Barb Dacy and Bill Burns spent at Super Cycle,
Inc. is greatly appreciated. Your efforts to determine the
best contractor on a reliability, quality of service and
economic basis are commendable.
As we discussed, Super Cycle, Inc. markets approximately
1,300 tons of recyclables per month. Of this total
approximately 725 tons are newspaper. Super Cyle collects
roughly 850 tons of what we market with the remainder being
materials we process and market for others. As we discussed,
we market approximately 80 tons per �nonth of newspaper for
other collectors. If there was a cut back by our markets we
would first stop marketing materials for others.
We have an agreement with Waldorf Corporation for them to
accept 500 to 600 tons per month of newspaper from us. In
addition we have an agreement with a reqional insulation
maker to provide them 200 to 300 tons per month of newspaper.
We can also market paper to Pioneer Paperstock, a local paper
broker. As we discussed Super Cycle, Inc. has negotiated a
draft contract with a Illinois based firm to sell them
approximately 1000 tons of newspaper per sonth. We have also
got favorable responses from an Indiana firm to provide them
200 to 400 tons per month of newspaper. This later a�arketing
opportunity is in the preliminary stages of negotiation but
they have visited our facility and are pleased with our
quality and abilities.
As is obvious from the above paragragh we have more than
adequate markets for existing newspaper we are collecting,
even with significant qroWth. Our concern is that a
primed oa Rrc�ckd Paqrr
5F
5G
significant operating problem or shift of policy at waldorf
could cause siqnificant problems to any marketer of neWSpaper
in the Twin Cities. We are attenpting to negotiate a
relationship with a non-local �arket to insure against any
negative repercussions for us� or our clients from a local
paper glut.
Althouqh others may elect to disregard the risk of a paper
glut and pretend their service �ould not be effected I do not
believe this would be the case. I am not aware of any
recyclers not effected by the paper glut of 1989.
Furthermore, I am not aware of any plans Anoka County may
have to assist cities and haulers to deal with newspaper if a
second glut would occur. The fee levels proposed to serve
your City are not great enough to allow for adequate reserve
to bear the cost of po�sibly disposing of 50 to 100 tons of
newspaper.
It is likely a paper glut will not occur, especially with the
market development activities Super Cycle is conducting.
However, as a responsible vendor we can not pretend the risk
does not exist. We feel it far more advisable to discuss the
risks, plan for the risks and contingencies and be able to
deal with a pos�ible glut, if it occurs, on a more timely and
responsible basis.
We do hope the City of Fridley selects Super Cycle, Inc. to
provide recyclables collection in 1990. We have demonstrated
an excellent level of service and have full knowledge of how
to get the job done in your City.
Please call me if i can be of service to you in any way.
Sincerely,
8���
Thomas C. Glander
Vice President
��t � 5 H
Disposal of Recyclables: Contractor shall use its best efforts to assure
that all recy�lables collected in the City are not placed in landfills
or incinerated and are distributed to the appropriate markets for reuse.
If any recyclables are landfilled or incinerated, Contractor shall report
that fact within 24 hours of the occurrence. Notification will include
the types and amounts of material landfilled or incinerated and the
steps being taken by the Contractor to avoid future landfill or
incineration. Contractor shall at all times be under a duty to minimize
recyclables ending up in landfills or incineration, and, in consultation
with the City, at all times attempt to find the lowest cost method of
disposal.
If the Contractor determines that there is no market for a particular
recyclable, or that the market, is economically unfeasible, it shall
imnediately give written notice to the City. Said notice shall include
information that the City can determine the effort made by the Contractor
to find market sources, and financial information justifying the
conclusion that the market is economically unfeasible. Upon receipt
of said notice, the Contractor and the City shall have 30 days to attempt
to find a feasible market. During said 30 days the Contractor shall
continue to pick up the particular recyclable.
If the City is not successful in finding a feasible market within 30
days, the City has the option to:
(1) Require the Contractor to continue to collect the particular
recyclable. In such case, the City would pay the Contractor,
as additional compensation, the tipping fee at the Elk River
RDF plant or a mutually agreeable alternative site. The
Contractor is required to keep accurate records of said fees
and provide the City with evidence of total payments.
(2) Notify the Contractor� to cease collecting the particular
recyclable until a feasible market is located, either by the
Contractor or by the City.
If the City notifies the Contractor to cease collecting a particular
recyclable, the parties shall imnediately meet to renegotiate the monthly
minimum fee payable to the Contractor.
In the event that the parties disagree on the question of whether there
is a market for a particular recyclable or whether the market is
economically feasible, the disagreement shall be submitted to arbitration.
In this case, each party shall name an arbitrator, and the two shall
select a third person to serve as the chairperson of the arbitration
panel. The arbitration panel shall meet and decide said question within
30 days of their appointment.
�
�
unroF
F�a�
C�MMUN[TY DEVELOPMENT
DEPARTMENT
MEMOR.ANDUM
D3►TE : December 14 , 1989 � '
TO: William Burns, City Manager��
FROM: Jock Robertson, Community Development Director
Barbara Dacy, Planning Coordinator
Lisa Campbel,�(�lanning Coordinator
SUBJECT: Comparative Analysis/Ramsey Recycling, Inc., and
Super Cycle, Inc.
As per Council's request, staff, along with yourself, completed a
thorough investigation of Super Cycle, Inc., and Ramsey Recycling,
Inc. This process involved on site inspections of both facilities.
Each compan� was evaluated on its ability to provide service that
confonaed to the specifications. In addition, the references of
each company were contacted.
Ramsey Recyclinq, Inc.
Ramsey Recycling, Inc. is a loosely organized consortium of seven
refuse haulers operating in Ramsey County. RRI was formed in
response to the paper market collapse in May 1989. At that time
the members formed a consortium in order to bid for contracts lost
by Super Cycle, Inc. Currently RRI serves two municipalities,
Spring Lake Park and Moundsview, a total of 5,700 households, while
its members serve a greater number of cities.
Super Cycle, Inc.
Super Cycle, Inc. has been doing business as a recycler in the
metropolitan are since 1986. In response to the paper market
collapse in May 1989, Super Cycle was sold to RECOMP, INC. Super
Cycle currently serves the cities of St. Paul, Roseville,
Shoreview, Coon Rapids, Falcon Heights and Fridley. Super Cycle
serves a total of 125,000 households.
51
5J
Comparative Analysis/
Ramsey Recycling, Inc., and Super Cycle, Inc.
December 14, 1989
Page 2
Review of Bids and Contractor Ability to Meet S�ecifications
Super Cycle submitted the lowest bid at $84.00 per ton. This bid
is 16$ lower than our current contract and is $3.00 lower per ton
than the next highest bidder. This bid would reduce our estimated
contract cost for 1990 from $68,400.00 to $57,456.00. Super
Cycle's bid is lower than the $90.00 and $88.00 per ton rate
charged to Roseville and Shoreview respectively. Ramsey Recycling,
Inc.'s bid was the second low bid at $87.00 per ton. Estimated
annual contract cost at this rate is $59,508, or $2,052 more than
Super Cycle's bid.
Seven bid specifications were isolated to compare the two lowest
bidders: Materials Collected, Weighing of Loads and Reporting
Requirements, Frequency of Collection, Procedure for Unacceptable
Recyclables, Clean up Responsibility, Missed Collection, Equipment
and Insurance. See Exhibit D.
Super Cycle, Inc., complies with all of the bid specifications.
Ramsey Recycling, Inc., was not able to demonstrate its ability to
conform with the following specifications: Materials Collected,
Weighing of Loads and Reporting Requirements, Missed Collection
Policy and Procedure and Equipment.
Materials Collected
Ramsey Recycling, Inc., would prefer not to take corrugated
cardboard. Its market, Waldorf, considers it a contaminant and
their custom design trucks do not have a built-in capacity for
corrugated cardboard. Of the two cities, RRI services, Spring Lake
Park, does not require cardboard and Moundsview recently dropped
cardboard as a collected material at the request of RRI. Super
Cycle, Inc. will continue to collect corrugated cardboard. Its
trucks are equipped with a four cubic yard capacity for cardboard.
Weighina of Loads and Reportinq Requirements
RRI does not have the ability to weigh their loads at their Newport
facility. RRI weighs their trucks at Waldorf and subtracts the
tare weight to determine the weight of the other materials. Super
Cycle has a State certified scale at their facility.
Upon checking RRI's references, Spring Lake Park staff inentioned
slow billing and reporting of monthly tonnage as a problem with
RRI. When staff phoned on December 13, Spring Lake Park had not
received their November billing and tonnage report. Super Cycle
submits their bills promptly. Staff receives billing and tonnage
reports during the first week of the new month. Super Cycle also
continues to monitor participation in the pilot project areas.
5K
Comparative Analysis/
Ramsey Recycling, Inc., and Super Cycle, Inc.
December 14, 1989
Page 3
Missed Collection Policv and Procedure
Ramsey Recyclinq, Inc.
Regarding missed collections, staff is concerned about the
accessibility of RRI. In attempting to reach RRI by phone, staff
was unable to find a number for Ramsey Recycling Inc., in the phone
book or by using directory assistance and no number was listed on
their bid letter. It was not until staff contacted a Ramsey County
staff person that she was able to speak with a representative of
Eagle Sanitation, a member hauler of RRI.
RRI's formal policy regarding missed collections is that a person
will be available at Gopher Sanitation from 7:00 a.m. to 5:00 p.m.
on the day of collection to respond to missed collections. The
miss will be picked up within 24 hours of notice.
In Spring Lake Park the practice is different from the policy so
it is difficult to measure RRI performance in this area. In Spring
Lake Park, the recycling coordinator drives through the City on
the day of collection to determine if there are any missed
collections, determines the location of a collection truck, and
reports the misses directly to the driver. This practice would not
be practical in the City of Fridley.
According to Spring Lake Park staff the average number of misses
per collection is five to six. In Moundsview since the residents
report misses directly to RRI, the number of misses was not known
by the Moundsview staff.
Super Cycle, Inc.
Super Cycle's performance on missed collections has improved
dramatically over the last six months. Average misses per
collection have gone down from eight to 0.25 per collection or one
miss a month. It is Super Cycle's policy and practice to have a
dispatcher at their office from 7:00 a.m. to 5:00 p.m. on the day
of collection. Misses reported by 11:00 a.m. on the day of
collection will be pick-up on that day. All other misses will be
picked up on the next business day.
Super Cycle's references report a similar rate of improvement over
the last six months. St.Paul reports a 99.80� NO MISS RATE. In St.
Paul Super Cycle serves 40,000 households per month. Roseville
reports no misses over the last three months and Shoreview reports
less than one miss per collection.
5L
Comparative Analysis/
Ramsey Recycling, Inc., and Super Cycle, Inc.
December 14, 1989
Page 4
�,ollection Vehicles and Eauipment
RRI is not certain that all of its trucks are equipped with two-
way radio. A two-way radio is essential in providing an effective
response to missed collections, accidents or other emergencies.
Also since RRI is a group of independent haulers, its trucks are
not marked Ramsey Recycling Inc. , but rather have the names and
numbers of the individual haulers. All of Super Cycle vehicles are
equipped with two-way radio and clearly marked with Super Cycle's
name and logo.
Conclusion
Based on a complete investigation and comparative analysis of Super
Cycle, Inc., and Ramsey Recycling, Inc., staff concludes that Super
Cycle is the superior provider. Super Cycle has clearly
demonstrated its ability to perform service in accordance with the
specifications. All of Super Cycle's references were excellent.
RRI's references did report some problems with service. Finally,
Super Cycle will provide a full level of service at a lower rate
than RRI.
M-89-755
Materials
Collected
Weight of Loads
and Reporting
Frequency of
Collection
Procedure for
Unacceptable
Recyclables
Clean-up
Responsibility
Missed Collection
Equipment
Insurance
E�chibit D
Ramsey Recycling, Inc. Super Cycle, Inc.
5M
E�it E 5N
�iQREBMBNT FOR RECYCLINQ COI,LECTION
This Agreement is made on day of , 1989,
between , �
("City") and Contractor.
WHEREAS, Contractor is in the business of collecting
recyclables.
, WHEREAS, City desires Contractor to pick up recyclables
throughout City's municipal limits in accordance with the terms of
this Agreement.
NOW, THEREFORE, the parties, intending to be legally bound,
agree as follows:
1. Contractor's Services. The Contractor agrees to
provide services in accordance with specifications attached
hereto and made a part hereof by reference.
2. Compensation to Contractor. City agrees to pay
Contractor for services.
3. Method of Payment. Contractor shall submit itemized
bills in accordance with Exhibit C to City on a monthly basis.
Bills so submitted shall be paid within thirty (30) days of
receipt by City of a bill.
4. Disposal of Recyclables. Contractor shall use its
best efforts to assure that all recyclables collected in the
City are not placed in landfills or incinerated and are
distributed to the appropriate markets for reuse. If any
recyclables are landfilled or incinerated, Contractor shall
AGREEMENT FOR RBCYCLING COLLBCTION
50
PAGE 2
report that fact within 24 hours of the occurrence.
Notification will include the types and amounts of material
landfilled or incinerated and the steps being taken by the
Contractdor to avoid future landfill or incineration.
Contractor shall at all times be under a duty to minimize
recyclables ending up in landfills or incineration, and, in
consultation with the City, at all times attempt to find the
lowest method of disposal.
If the Contractor determines that there is no market for
a particular recyclable, or that the market is economically
unfeasible, it shall immediately give written notice to the
City. Said notice shall include information that the City can
determine the effort made by the Contractor to find market
sources, and financial information justifying the conclusion
that the market is economically unfeasible. Upon receipt of
said notice, the Contractor and the City shall have 30 days
to attempt to find a feasible market. During said 30 days,
the Contractor shall continue to pick up the particular
recyclable.
If the City is not successful in finding a feasible
market within 30 days, the City has the option to:
(1) Require the Contractor to continue to collect the
particular recyclable. In such case, the City would
pay the Contractor, as additional compensation, the
tipping fee at the E1kRiver RDF plant or a mutually
5P
A(3R8$M$NT FOR RECYCLIN(i COLLECTION
AQ 3
aqreeable alternative site. The Contractor is
required to keep accurate records of said fees and
provide the City with evidence of total payments.
(2) Notify the Contractor to cease collecting the
particular recyclable until a feasible market is
located, either by the Contractor or by the City.
If the City notifies the Contractor to cease collecting
a particular recyclable, the parties shall immediately meet
to renegotiate the monthly minimum fee payable to the
Contractor.
In the event that the parties disagree on the queston of
whether there is a market for a particular recyclable or
whether the market is economically feasible, the disagreement
shall be submitted to arbitration. In this case, each party
shall name an arbitrator, and the two shall select a third
person to serve as the chairperson of the arbitration panel.
The arbitration panel shall meet and decide said question
within 30 days of their appointment.
5. Audit Disclosure. Contractor shall allow City and
its duly authorized agents reasonable access to Contractor's
books and records applicable to all services provided under
this Agreement. Ar►y reports, information, financial material,
or data which City at any time requests be kept confidential
shall not be made available to any person or party without
City's prior written approval. Any reports, information,
5Q
AGREEMENT FOR RECYCLZNG COLLgCTION
PAQ$ 4
financial material, or data which Contractor at any time
requests be kept confidential shall not be made available to
any person or party without Contractor's prior written
approval. All finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs, or
reports prepared by Contractor shall become the property of
City upon termination of this Agreement. To the extent that
any of the foregoing involves the business of Contractor
outside the City, Contractor shall have the right to use such
property in its business outside of the City.
6. Term. The term of this Agreement shall be January 1,
1990, to December 31, 1990, the date of signature by the
parties notwithstanding. The parties may, by mutual
agreement, cause this Agreement to be extended after the
foregoing expiration date, subject to the right of either
party to terminate for cause by ninety (90) days written
notice as provided in the following paragraph.
7. Termination. This Agreement may be teriainated by
either party upon ninety (90) days written notice to the other
party for cause upon the other party's breach of its duties
under this Agreement. In the event termination is by City
pursuant to this ninety (90) day provision, Contractor shall
be paid until the effective date of termination.
8. Subcontractor. Contractor shall not enter inzo
subcontracts for any of the services provided for in this
�
AGREEI�ENT FOR RECYCLINa COLL$CTZON
Pl�Gg 5
Agreement without the express written consent of City.
9. Independent Contractor. At all times and for all
purposes hereunder, Contractor is an independent contractor
and not an employee of City. No statement herein shall be
construed so as to find Contractor an employee of City.
10. Assianment. Neither party shall assiqn this
Agreement, nor any interest arising herein, without the
written consent of the other party.
il. Excluded Services. City shall have no obligation
to pay for any services furnished or performed by Contractor
not specifically provided for or contemplated herein.
12. Severabilitv. The provisions of this Agreement are
severable. If any portion hereof is, for any reason, held by
a Court of competent jurisdiction, to be contrary to law, such
decision shall not affect the remaining provisions of the
Agreement.
13. �omp,liance with Laws and Regulations. In providing
services hereunder, Contractor shall abide by all statutes,
ordinances, rules, and regulations pertaining to the provision
of services to be provided hereunder. Any violation shall
constitute a material breach of this Agreement.
14. Equal Opportunity. During the performance of this
Agreement, Contractor, in compliance with Executive Order
11246, as amended by Executive Order 11375 and Department of
Labor regulations 41 CFR Part 60, shall not discriminate
5S
l�GREEMBNT FOR RECYCLII�IQ COLLBCTION
�p Q$ 6
against any employee or applicant for employment because of
race, color, religion, sex, or national origin. Contractor
shall take affirmative action to insure that applicants for
employment are employed, and that employees are treated during
employment, without regard to their race, color, religion,
sex, or national oriqin. Such action shall include, but not
be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising;
�
layoff or termination, rates of pay or other forms of
compensation; and selection for training, including
apprenticeship. Contractor shall post in places available to
employees and applicants for employment, notices to be
provided by the Government setting forth the provisions of
this nondiscrimination clause. Contractor shall state that
all qualified applicants will receive consideration for
employment without regard to race, color, reliqion, sex, or
national origin. Contractor shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for
program work, and will require all of its subcontractors for
such work to incorporate such requirements in all subcontracts
for program work.
15. Waiver. Any waiver by either party of a breach of
any provisions of this Agreement shall not affect, in any
respect, the validity of the remainder of this Aqreement.
AQREEMENT FOR RECYCLIld(; COLLECTION
a$
5T
16. Indemnification. Contractor shall indemnify and
hold harmless City, its employees and agents, for all claims,
damages, losses, and expenses, including, but not limited to,
attorneys' fees, which they may suffer or for which they may
be held liable, as a result of negliqence or fraud of
' Contractor, his employees, or subcontractors in the
performance of this Agreement.
17. Insurance. Contractor shall provide a certificate
of insurance as proof of liability coverage for bodily injury
or death in the amount of $600,000 for any one person and in
the sum of $1,000,000 for two or more persons for the same
occurrence and for damages to property in the sum of $100, 000.
The certificate of insurance shall name City as an additional
insured and state that Contractor's coverage shall be the
primary coverage in the event of a loss. Further, the
certificate shall provide for thirty (30) days written notice
to City before cancellation, expiration, or change of
coverage.
18. Workers Compensation Insurance. Contractor shall
provide workers compensation insurance covering all employees
of Contractor engaged in the performance of this Agreement,
in accordance with the Minnesota Workers Compensation Law.
19. Performance Bond. Contractor shall execute and
deliver to City a performance bond with a corporate surety in
the amount of three months contract revenue or equal ("equal"
5U
AGREEIdENT FOR RECYCLIN(3 COLLECTION
Ap GE 8
may include a letter of credit from a banking institution
approved by City). This Agreement shall not become effective
until such a bond, in a form acceptable to City, has been
delivered to City and approved by the City Attorney. This
Agreement shall be subject to termination by City at any time
if said bond shall be cancelled or the surety thereon relieved
from liability for any reason. The term of such performance
bond shall be for the life of this Agreement. Extensions or
renewals shall require the execution and delivery of a
performance bond in the above amount to cover the period of
extension or renewal.
20. Conflict of Interest. Contractor agrees that no
member, officer, or employee of City shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof.
Violation of this provision shall cause this Agreement to be
null and void and Contractor will forfeit any payments to be
made under this Agreement.
21. Governing Law. This Agreement shall be controlled
� by the laws of the State of Minnesota.
22. Addition to Recvclables. City agrees that it will
consider, from time to time, proposals from Contractor to
perform additional services in the collection of additional
recyclables or to perform additional services in the
collection of compostable materials. Nothing contained in
this paragraph shall obligate City to pay for such additional
� .�
Sa�w�.•
�' . u � �.
�. � �
MEMORANDUM
,.� �' '
TO: William W. Burns, City Manager �r� PW89-463
FROM: John G. Flora� Public Works Director
DATE:
SIIBJECT:
December 14, 1989
Fridley Municipal Center Improvement
Project No. 189 - Change Order No. 15
s ��
.�
�
J
The attached Change Order No. 15 adds Proposal Requests No.'s 104,
and 113 to the Municipal Center and Proposal Request No. 103 to the
Fire Station. In addition, it amends Proposal Request No. 97 and
Work Order No. 1960 which were previously incorporated in Change
Order No. 13. The Change Order also finalizes the various
contracts with the Municipal Center, Fire Station and Ramp
contractors to identify the final costs associat�d with the work
that has been completed.
The net result of Change Order No. 15 is a deduction of $6,565.31.
Recommend the City Council approve Change Order No. 15 to the
Fridley Municipal Center Improvement Project No. 189.
JGF/ts
Attachments
i-
�, �
•
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSIIY AVE., N.E.
FRlDLEY, MN 55432
December 18, 1989
Kraus-Anderson Const. Co.
525 So. Eighth St.
Minneapolis, MN 55404
SUBJECT: Change Order No. 15 - Proposat Request Nos. 103, 104, and 113
for Fridley Municipal Improvement Project No. 189
Gentlemen:
You are hereby ordered, authorized, and instructed to. modify your contract for the
Fridley Municipal Center Improvement Project No. 189 by adding the following work:
::. . .. ....
.. . ...::::
;:;:.;::;;: <;.: : :.;: : : :.;;. �.:
::::.:... : :........
::::::.�:.::......;: :
P:R: ::::.:.::.:::.:;:
,; >
; ::::.>;:.>: ;::
, .
NQ;; < :�.. ::.1't'��:::::: �f�N�'t3AfTOR. ;...�1MCi'1.)N'� <i . 70TAL
103 Add exterior
fire sign Nordquist Signs 375.00
104 Delete pivoting doors Roanoke (760.00)
Country Cabinets (3,511.00)
Guillaume & Assoc. 101 0.00)
(4,371.00)
113 Additional electrical
and magnetic hold opens Gephart Electric 1,225.00
Glewwe Doors 225.00
1,450.00
Proposal Request Subtotal
PROPOSAL REQUEST NO. 97 AMENDMENT: Change Order No. 13
AMEND P.R. NO. 97:
Grazzini Sros.
BALANCE OF P.R. NO. 97
WORK ORDER NO. 1960 AMENDMENT: CHANGE ORDER N0. 13
AMEND WORK ORDER NO. 1960:
Guillaume 8� Assoc.
BALANCE OF W.O. NO. 1960
420.00
95.00
CONTRACT EXTRA:
Environ-Con, Inc. 355.00
Subtotal
(2,546.00)
420.00
95.00
355.00
• �
Tom Sackett
Kraus-Anderson Const. Co.
Change Order No. 15
December 18, 1989
Page Two
CONTRACT EXTRA:
Seefert-Heins Landscape
CONTRACT EXTRA:
KMH Erectors, Inc.
CONTRACT EXTRA:
Gammon Bros.
CONTRACT EXTRA:
Gammon Bros.
CONTRACT EXTRA:
Pink Companies
CONTFtACT EXTRA:
Grauini Bros., Co.
CONTRACT EXTRA:
Northwest Asphalt
CONTRACT EXTRA:
Nystrom
CONTRACT AMENDMENTS - SALES TAX DEDUCTS:
Environ Con
Glewwe Doors
Grazzini Brothers
Guiillaume & Associates
W.H. Hall
Jesco, Inc.
Phif Hutchinson
Seal Treat
V.T. Industries
1,900.00
Subtotal
1.815.00
Subtotal
1 9L, oo•oo�
Subtotal
632.50
Subtotal
1,431.00
Subtotal
215.00
Subtotal
679.50
Subtotal
460.00
Subtotal
(60.80)
(2,284.00)
(107.00)
(300.00)
(1,596.00)
(2,040.00)
(45.00)
(16.00)
1 488.51
Subtotal
1,900.00
1,815.00
(1,900.00)
(632.b0)
1,431.00
215.00
679.50
(460.00)
(7,937.31)
TOTAL ADDITIONS FOR CHANGE ORDER NO. 15. ...... ($6,565.31)
• :
�
Tom Sadcett
Kraus-Anderson Const. Co.
Change Order No. 15
December 18, t 989
Page Three
TOTAL ORIGINAL CONTRACTS
Contract Adjustments
Park Settlement
Subtotal
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Change Order No. 5
Change Order No. 6
Change Order No. 7
Change Order No. 8
Change Order No. 9
Change Order No. 10
Change Order No. 11
Change Order No. 12
Change Order No. 13
Change Order No. 14
Change Order No. 15
TOTAL CHANGE ORDERS
TOTAL CONSTRUCTION
2�204,391.00
(8,049.00)
�
2,196,342.00
13,374.00
8.834.00
$0,700.00
25,000.00
32,597.43
33,673.00
12,8t 7.00
3,323.00
(9,700.00)
580.00
18,820.00
8,896.00
1,182.00
(6,987.31)
5173.109.12
STATION
226�786.00
sao.00
�
227.366.00
2,596.00
8,793.00
6,000.00
4,319.00
t ,784.16
3,375.00
549.00
(2,972.00)
3,170.00
375.00
527.989.16
flAMP
712,500.00
a,aas.00
29.202.00
746,548.00
8,975.00
3,530.00
15,220.00
3,859.00
35.00
41,531.00
1,870.00
(6,071.00)
47.00
568,996.00
CONTRACTS b ADJUSTMENTS i2,369,451.12 5255,355.16 5815,544.00
Submitted and approved by John G. Flora, Public Works Director, on the 18th day of December, 1989.
Recommend this day of � 1989, by
KRAUS-ANDERSON CONST. CO.
Tom Sadcett, Project Manager
��
Tom Sackett
Kraus-Anderson Const. Co.
Change Order No. 15
December 18, 1989
Page Fou�
Approved and accepted this 18th day of December, 1989.
CITY OF FRIDLEY
William J. Nee, Mayor
William W. Burns, Ciry Manager
• �
�
�
UlY Of
FR! DLEY
COMMUNITY DEVELOPMENT
O,ITE :
TO:
�ROM:
BQBJ$CT:
Backqround
DEPARTMENT
MEMORAN DUM
December 14, 2989
William Burns, City Manaqer�� �
Jock Robertson, Community Development Director
Barbara Dacy, Planninq Coordinator
Comprehensive�Plan Resolution
In 1988, the Metropolitan Council concluded its amendment process
to two metropolitan system policy plans. The transportation and
waste water policy plans were siqnificantly revised. On April 10,
1989, the Metropolitan Council notified each community within the
metropolitan area regarding the changes in the metropolitan system
policy plans and how they affect each community.
The 1976 Metropolitan Land Planninq Act (Minnesota Statute 473.856)
requires that a"local governmental unit shall review its
comprehensive plan and determine if an amendment is necessary to
ensure continued conformity with the metropolitan system plans".
We consequently initiated a review process for the City Council and
Planning Commission to determine the schedule for amendinq the
Comprehensive Plan and its process. We also found during this
process that while the Statute only requires us to amend affected
portions of our Comprehensive Plan. We determined that the 1980
plan was badly out of date and needed a complete revision. We also
determined that in order to make chanqes to the Transportation
chapter, it would be necessary to do an extensive analysis of the
Land Use, Housing, and Utility chapters as well. Therefore, it is
impossible for the City to meet the statutory required nine month
timeframe.
Current Status
We have contacted Ann Hurlburt, Manager of the Comprehensive
Planning Division at the Metropolitan Council, and have outlined
our proposed revision process. She advised us that the proposed
process is reasonable.
7
��
Comprehensive Plan Revision
December 14, 1989
Page two
Recommendation
Chairperson Keefe notified the City on November 13, 1989, that if
the City needed an extension from the nine month timeframe, a
request must be submitted in the form of a resolution of the
governing body. The request must also be accompanied by a
description of the activities previously undertaken to meet the
requirement and the reasons necessitating and justifying the
request. Therefore, it is recommended that the City Council adopt
the attached resolution and authorize the Mayor to send the
attached letter to Chairperson Keefe.
BD:ls
M-89-754
�
RSBOLOTION �i0. - 1989
!� RESOLIITION REQIIESTING ]�iIJ BST$NBION TO TH8
NINE MOI�1'1'H RBQIIIRBMENT TO COMPLETE A
COMPREHENSIVE PLAN AMENDMENT
WHEREAS, the City of Fridley has adopted a Comprehensive Plan to
meet the 1976 Metropolitan Land Planning Act requirement for
comprehensive planning; and
WHEREAS, the 1976 Metropalitan Land Planning Act states that within
nine months after receiving an amendment to a metropolitan system
plan, each affected local governmental unit shall review its
comprehensive plan to determine if an amendment is necessary to
ensure continued conformity with the metropolitan system plans; and
WHEREAS, the Metropolitan Council notified the City of Fridley on
April 10, 1989, regarding the amendment to the Transportation
System Policy Plan and the Waste Water System Policy Plan; and
WHEREAS, the City of Fridley has determined that to properly ensure
conformity with the metropolitan system plans that the entire
comprehensive plan shall be revised and updated; and
WHEREAS, the Planning Commission and City Council have reviewed a
proposed review process; and
WHEREAS, the City of Fridley has a revision process which will span
at least an 18 month period; and
WHEREAS, the City of Fridley believes this to be a finding of
exceptional circumstances or undue hardship as defined by Minnesota
Statute 473.869.
NOW, THEREFORE, BE IT RESOLVED, that the City of Fridley requests
an extension to the nine month period to complete a comprehensive
plan amendment.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1989.
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
MAYOR - WILLIAM J. NEE
7C
December 14, 1989
Mr. Steve Keefe, Chairperson
Metropolitan Council
Mears Park Centre
230 East 5th Street
St. Paul, MN 55101
Dear Mr. Keefe:
This is to respond to your letter dated November 13, 1989,
regarding amendment of the City of Fridley's Comprehensive Plan in
response to the changes made in the Transportation and Waste Water
Treatment System Policy Plans. The City of Fridley hereby requests
an extension to complete a Plan amendment beyond the Statutory-
required nine months.
In reviewing the materials that the Metropolitan Council sent to
the City regarding the impacts to the City of Fridley regarding the
Waste Water and Transportation policy plans, we determined that a
comprehensive revision of our Plan was more prudent than just
amending two chapters. The Fridley Comprehensive Plan is entitled
"The Plan for the '80's", and is outdated. We believe it would be
irresponsible not to do a comprehensive revision to the Plan in
order to provide a proper analysis of how the Land Use chapter and
Housing chapter affects the transportation systems within the City.
The Planning Commission developed a review process in July 1989 for
City Council consideration. The City Council was not able to
review the plan process until November 14, 1989, because the City
Council has undertaken a nwnber of special meetings regarding the
new requirements for municipal budgets. It was unable to review
and concur with the proposed comprehensive plan review process
until November 14, 1989. In the meantime, draft outlines of each
chapter were prepared.
7D
Steve Keefe
December 14, 1989
Page two
The proposed Plan revision process is proposed to occur as follows:
l. January 1, 1990 through December 31, 1990 - prepare written
drafts to the following chapters:
a. Environmental Resources
b. Housing
c. Land Use
d. Transportation
e. Storm Water Management
f. Water and Sewer
g. Parks and Open Space
h. Solid Waste
i. Socio-Economic Data
j. Implementation
k. Human Resources
2. Conduct public hearing process in 1991.
a. Informational meeting with community groups
b. Planning Commission public hearings (2)
c. City Council public hearing (1)
d. Submit to Metropolitan Council by June 1991
Please contact me as to when our proposed extension requests will
be considered by the Metropolitan Council. Thank you in advance
for your consideration.
Sincerely,
William J. Nee
Mayor
WJN:ls
C-89-779
ir
���` ' `� 1�'S�
7�
METROPOLITAN COUNCIL Mea.s Park Centre. ?30 Eas� Fifrh S�rert. St. Puul. M.\'. SS/(Il 61. J9/•A.��4
November 13, 1989
Mr. William Burns
Manager
City of Fridley
6431 Universiry Avenue Northeast
Fridley, MN 55432
Dear Mr. Burns:
On April 10, 1989, the Council serit you its annual statement of changes in the metropolitan system
policy plans. The package you were sent explained the changes in the policy ptans that aftect
Fridley, and provided our most cunern information on the affected metropolitan systems located in
or serving your communiry. In 1988, the Councit adopted new palicy plans for wastewater treatment
and handling (sewers) and for transportation. Copies of these two policy plans were formally
transmitted to you as part of the systems intormation statemeM.
The 1976 Metropolitan Land Planning Act (Minn. Stat. 473.856) states:
Within nine months after receiving an amendment to a metropolitan system plan,
each affected local governmental unit shall review its comprehensive plan...to
determine if an amendment is necessary to ensure coritinued contormiry with
metropolitan system plans. If an amendment is necessary, the governmental
unit...shall prepare the amendment and submit R to the council tor review...
We are anticipating that many local governments will need more time to complete their plan
amendments. The law provides a procedure for granting extensions. All reauests must be
ubmitted in the form of a resolution of the local 9overning body. The request must be
accompanied by a escr ption of the activities previousy_undertaken to meet the requirement, and
--- -----
- _-- --
t e�reaso��ec�S�rtatin�c and ius�in� the reguest. The Metropolitan Council may then, at its
discretion, grant extensions upon a finding oi 'exceptional circumstances or undue hardship' (Minn.
Stat. Sec. 473.869).
Please feel free to call Anne Hurlburt, manager of our comprehensive planning division, at 291-6501,
'rf you have questions or need further information. Your request for an extension, if needed. may be
directed to her attention.
Sincerey,
>���
Steve Keefe
Chair
SK/kp
7F
METROPOLITAN COUNCIL Meo� x�►� cenr►r, 230 East Fifrh Street, st. �u�, MN. SS10/ 612 291-6359
April 10, 1989
Mr. William Burns
Manager
City of Fridley
6431 University Avenue Northeast
Fridley, MN 55432
RE: 1988 METROPOLITAN SYSTEMS INFORMATION STATEMENT
Dear Mr. Burns:
I am pleased to send you the Council's annual statement of changes in the
metropolitan system policy plans. This statement explains how the changes
in the policy plans affect Fridley. The statement also provides our most
current information on the affected metropolitan systems located in or
serving your community.
In 1988, the Council adopted new policy plans for wastewater treatment and
handling (sewers) and for transportation. Copies of these two policy
plans are being formallq transmitted to you as part of this systems
information statement.
The 1976 Metropolitan Land Planning Act (Minn. Stat. 473.856) states:
Within nine months af ter receiving an amendment to a
metropolitan system plan, each affected local governmental
unit shall review its comprehensive plan...to determine if an
amendment is necessary to ensure continued conformity with
metropolitan system plans. If an amendment is necessary, the
governmental unit...shall prepare the amendment and submit it
to the council for review...
As a result of the new transportation and wastewater policy plans, the
Council is holding a planning forum to explain haw these new policies will
affect your community and its comprehensive plan.
You are encouraged to attend the forum that will occur on Fridaq, 1'Iap 12,
from 8:30 a.m. to 12:00 p.m. in the Council Chambers of the Metronolitan
Council (230 E. Fifth Street. Saint. Paul) .
Page 2
The forum will cover the follawing areas of interest:
* How the new transportation and wastewater policy plans affect the land
use, transportation and wastewater elements of your local comprehensive
plan;
* Whq and haw to prepare plan amendments that will make your
comprehensive plan consistent with the new policy plans and the
Metropolitan Development and Investment Framework; and
* How to get help from Council staf f in responding to the systems
statement and preparing your comprehensive plan amendments.
The following Council staff are available to assist you:
Regional Transportation Policy Plan
- Travel Demand Management and Transit
- Highways and Land Use
Regional Sewer Policy Plan and
Local Sewer Plan Amendments
Metropolitan Development and
Investment Framework, Local
Plan Amendment Process, and
Metropolitan Urban Service Area
MUSA Land Supply/Demand Data, Maps
Population, Household & Employment Forecasts
Karen Lyons
Carl Ohrn
Jack Frost
Carl Schenk
Anne Hurlburt
Barbara Senness
Paul Baltzersen
Robert Overby
Steven Schwanke
Tori Flood
Michael Munson
291-6345
291-6507
291-6519
291-6410
291-6501
291-6419
291-6321
291-b381
291-6594
291-6621
291-6331
The Council staff and I look forward to working with you on plan amendments
in response to the Council's 1988 Systems Information Statement.
Sincerely,
��t��
Steve Reefe
Chair
SR:kp
Enclosures
7G
MEMORANDUM
TO: William W. Burns, City Manager�1 �b�� PW89-462
,f
FROM: John G. F1ora,Y Public Works Director
DATE: December 14, 1989
SOBJECT: Sanitary Sewer Line - 7570 Highway 65
As a means of insuring that the various parties associated with the
property at 7570 Highway 65 are notified of the City's intent to
provide a sanitary sewer service to their property, we are
processing this project as a typical assessment improvement. This
requires the passing of four (4) resolutions and conducting a
public hearing.
For the December 18 Council meeting, we are submitting the first
two (2) resolutions in the improvement process, ordering the
preliminary plans and setting a public hearing for the improvement
scheduled for January 22, 1990.
At the January meeting, it is proposed that the public hearinq
wouZd be held then the following two (2) resolutions, ordering the
final plans and authorizing the advertisement for the project would
be submitted as well as the change order to Street Improvement
Project No. ST. 1989 - 1 which this would be a part of and would
be completed next spring.
'Recommend the City Council approve the attached two resolutions for
'the installation of sanitary sewer service to the property at 7570
Highway 65.
JGF/ts
Attachments
�;�
�
�
•, �
•
RESOLIITION NO. - 1989
!� R880LIITION ORDERING PRBLZMINARY PLANB,
BPECIFICATIONB l�ND BSTIMATES OF T8E COBTS
THEREOF: BTREET IMPROVEMENT PROJECT NO. BT.
1989 - 1 (BANITl�RY SSWER I�INE)
NOW, TBEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley as follows:
1. That it appears in the interests of the City and of the
property owners affected that there be constructed certain
improvements to-wit:
Street improvements, includinq qrading, stabilized base, hot-mix
bituminous mat, concrete curb and gutter, sidewalks, water and
sanitary sewer services, stona sewer system, and other facilities
located as follows:
7570 HIGBWAY 65 PIN 12 30 24 22 0006
That the work involved in said improvements listed above shall
hereafter be designated as:
STREET IMPROVEMENT PROJECT NO. ST. 1989 - 1
2. That the Public Works Director, John G. Flora, City Hall,
Fridley, Minnesota, is hereby authorized and directed to draw the
preliminary plans and specifications and to tabulate the results
of his estimates of the costs of said improvements, including every
item of cost from inception to completion and all fees and expenses
incurred (or to be incurred) in connection therewith, or the
financing thereof, and to make a preliminary report of his findings
stating therein whether said improvements are feasible and whether
they can best be made as proposed, or in connection with some other
improvements (and the estimated cost as recommended), including
also a description of the lands or area as may receive benefits
therefrom and as may be proposed to be assessed.
3. That said preliminary report of the Public Works Director shall
be furnished to the City Council.
PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY TRIS
18TH DAY OF DECEMBER, 1989
WILLIAM J. NEE, MAYOR
ATTEST:
SHIRLEY A. HAAPALA, CITY CLERK
. �
ItE80I�TiIQ�T I�U. - 1989
•�: : • � • va�C� � � �:�- . .�:,� � �� � •♦ v.�• �;•� �• v � - r,• � � :
I:I:A� • � ' �1• U� •♦ • 1 • �:1- r� y:a• •1' �:I' ��: • •/1 •�. •
M.�•�V' � � I•'.� • J I:N 'I:N: � I''��' 's I's '�• :J •
_• � V• Y _1_ ,. 51, � i_
1�5, the vonstruction of ve.rtain i�roveznents is deen�ed to be in the
interest of the City of FYidley ar�d the property vwr�exs affec'ted thex�ebY-
�W, �, BE IT RFBOLVED, by the City G1o�u�cil of the City of FYidley as
follvws:
1. �hat the prel ��++� *+�rv report sukmitted by Jdzn G. Flora, Pub1iC Works
Direc.�tor, is hereby reoeived ar�d avoe�pted.
2. ?2zat the City Clerk shall act to asaertain the name and address of the
owner of each paroe.l of Zand directly affect.ed or within the area of larid.s
as may be pr�osed to be assessed for said itrq�ravements, and calculate
estimates of assessnents as may be prq�ased relative thereto again.st each
of said lar�d.s.
3. 7hat the area prc��osed to be a��sed for said in�roveme.nts and each
of thezn as no�t-.ed in said natioe are all the laryds and areas as noted in
said natioe: All of th�e s�me to be assessed pr�portiarfately aocording to
the benefits ieoeived.
4. �at the estimates of assess�nts of the Clerk shall be available for
inspe�.-tion to the vwner of ariy paroel of land as may be affected thereby
at any public hearing held relative thereto, as well as at ar►y prior time
reasonable aryd cor�venient.
5. Zl�at the City Clerk is authorized ar�d direct.ed to give natioe of such
Public Iiearir�g by publishir�g a natioe thereof in the official newspaper
of the City of FYidley arxi by mailed natioe to all th�e propexty owners
whose property is liable to be assesr�ed with the ma)tir�g of these
inprwe�ments a000rdir�g to law, suc�i notioe to be substantially in the form
ar�d subst,anoe of the natioe attached hereto as F�ibit "A" .
6. That this Oamcil will meet on the 22r�d day of Januaiy, 1990, at 7:30
p.m. at the Fridley N�uzicipal oenter at 6431 University Ave., N.E., in the
City of FYidley for the puzpose of l�ldityg a public heari.rig on the
inQrovement r�oted in the Notioe attac�led hexeto ar�d made a part thereof
by refererioe, F�chi.bit "A" .
_�c�:�� �� �� • :�� r:r w •� �� N� •i- r:i- w •i- • n r:� : � � • '
� ✓�IJ' �.�JI�
WIIS.T�M J. NF� - MAYOR
ATI'ESr:
7.��: �! .►� MMM M �:./
�
• �
OFFICIAL PUBISCATION
CI'I'Y OF FRIDIEY
(El�IIBTT A)
Nl7iICE OF HEARIIdG �1
8T1t�T Il�liOpII�ti' Pli�►TBGT I�U. ST. 1989 - 1
(Spii�ll'1�RY 88WF.R I�II�)
�8, the City Council of the City of F�idley, Anoka Oaunty, Minne_sota, has
deemed it expedient to Y�eceive evidenoe pertaining to the i�rwements
hex+�inaftex described.
NOW, �, 1�ATIC�; IS i�EBY (;IVE[J �T on the 22rid day of January, 1990,
at 7:30 p.m. the City Conu�cil will meet at the �idley l�uriicipal Center Qow�cil
Ci�ambexs, 6431 Univexsity Ave. , N.E. , FYidley, NBJ, ar�d will at said time and
plaoe hear all parties interested in said iaprovea�zts in whole or in part.
�
Zhe genexal nature of the inprwe�ner�ts is the construction ( in the lar�d.s and
streets r�at.ed below) of the follc�wiryg iaQrovements, t;o-wit:
OONS'1'Fd.1CPION ITII�I
Installatian of a sanitazy s�wpr line exter�di.t�g fran Baker Street (south of 7615
Bak�r) east tA 7570 Highway 65. All co�stzuction taork to be performed sauth of
'Ibp Zbol Oot�¢�any atxi Iat�ext Buildir�g Qenter.
SZ'REE,T PRQ7ECr NO ST. 1989 - 1 (SANITARY SEWEFt I.INE)
7570 Hic�ray 65 Pin 12 30 24 22 0006
For oonstructiar► Ite�a -
All of the lar�d abutting upon said stteets named above and all lands
within, adjacent ar�d abutti.ryg thereto.
Part of said lar�d to be asses.sed a000rdir�g to the be.nefits received by
such improvement.
Publistied: FRIDIEY F�OC7US •
January 4, 1990
JarnlaYy 11, 1990
Janu3ly 18, 1990
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MEMORANDUM
��
TO: William W. Burns, City Manager� PW89-459
FROM: John G. Flora'� Public Works Director
Bob Nordahl, Operations Analyst
Ralph Vollaaan, Public Works Superintendent
DATE:
SIIBJECT:
December 13, 1989
Repair of Well Nos. 5 and 10
Based upon the Municipal Well Preventive Maintenance Program and
budgeted in the Water Utility Section of the 5-Year Capital
Improvement Program, two (2) wells are scheduled to be pulled for
repair and modification during the early spring of 1990. These
wells are Nos. 9 and 10.
Because of the problems with Well No. 9, the well will not be
pulled for repair in 1990 but will be delayed into 1991. Well No.
5 scheduled for 1991 repair will be pulled for repairs and lowered
into the water column with an associated pump motor increase int
the 1990 program as a replacement project.
We have completed the specifications for modification and repair
of these wells and are ready to advertise for bids. The repair and
modification will be completed by early spring of 1990 enabling
the well system to function properly before summer. The funds to
complete the repair and modification work are available in the
Water Utility Fund for 1990.
To continue the schedule for proper well
we recommend that the City Council approve
for repair and modification work of Well
need additional information, please let u
BN/RV/ts
Attachments
preventive maintenance,
the advertisement to bid
Nos . 5 and 10 . I f you
s know.
10
•
10A
RESOLIITION NO. - 1990
RE80LUTION ORD$RINa IlrIPROVBMENT AND
,AD9ERTISEMENT FOR BIDS FOR THE REPAIR l�ND
1�IAINT$NANC$ OF 1BLL NO. 5 PROJ$CT NO. 198
WHEREAS, the construction of certain improvements is deemed to be
in the interest of the City of Fridley and the property owners
affected thereby.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley as follows:
1. That the following improvements proposed by Council
Resolutions are hereby ordered to be affected and
completed as required:
REPAIR AND MAINTENANCE OF WELL NO. 5
2. The plans and specifications under the direction of the
Public Works Director for such improvements are hereby
approved and shall be filed with the City Clerk.
The Public Works Director shall accordingly prepare and cause to
be inserted in the official newspaper advertisements for bids upon
the making of such improvements under such approved plans and
specifications. The advertisement shall be published for three (3)
weeks (at least 21 days), and shall specify the work to be done and
will state that the bids will be opened and considered at 11:00
a.m. on Thursday, the llth day of January, 1990, and that no bids
will be considered unless sealed and filed with the Public Works
Director. That the advertisement for bids for Repair and
Maintenance of Well No. 5 shall be substantially in the standard
form.
PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS
18TH DAY OF DECEMBER, 1990.
WILLIAM J. NEE, MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
l�OTIC$ TO BIDD$RS
RSPAIR lIND I�IAZl�iTENANC$ OF IISLL NO. 5 PROJECT NO. 198
Sealed bids will be received and publicly opened by the City of
Fridlep, Aaoka Couatp, Minnesota, at the office of the Public Works
Director, 6431 University Ave., N.E., Fridley, Minnesota, 55432
(tel. 571-3450) on Thursday, the iith day oi Januarp, 1990, at
11:00 a.m., for the furnishing of work and materials for the REPAIR
AND MAINTENANCE OF WELL NO. 5 PROJECT NO. 198. Each well repair
bid will be awarded on an individual basis.
Plans and specifications may be examined at the office of the
Public Works Director and copies may be obtained for the
Contractor's individual use by applying to the Public Works
Director, Fridley City Hall, 6431 University Ave., N.E., Fridley,
Minnesota, 55432 (tel. 571-3450, ext. 159).
Bids must be made on the basis of cash payment for work, and
accompanied by a cash deposit, certified check (on a responsible
bank in the State of Minnesota) or a bidder's bond made payable
without condition to the City of Fridley, Minnesota, in an amount
of not less than five percent (5�) of the total amount of the bid.
The City Council reserves the right to reject any and all bids and
to waive any informalities in any bids received without
explanation.
No bid may be withdrawn for a period of sixty (60) days.
By order of the City Council of the City of Fridley, Minnesota.
Dated this 18th day of December, 1989.
Published: Fridley Focus
December 20, 1989
December 27, 1989
January 3, 1990
John G. Flora, P.E.
Public Works Director
�onstruction Bulletin
December 22, 1989
December 29, 1989
January 5, 1990
� .
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R$SOLIITION NO. - 1990
RESOLIITION ORDBRING IMPROVEM$NT AND
l�DVERTISEl�IENT FOR BIDS FOR T8E REPAIR lrND
MAINT$NANCE OF 11$LL �TO. 10 PROJBCT NO. 198
WHEREAS, the construction of certain improvements is deemed to be
in the interest of the City of Fridley and the property owners
affected thereby.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley as follows:
1. That the following improvements proposed by Council
Resolutions are hereby ordered to be affected and
completed as required:
REPAIR AND MAINTENANCE OF WELL NO. 10
2. The plans and
Public Works
approved and
sp�cifications under the direction of the
Director for such improvements are hereby
shall be filed with the City Clerk.
The Public Works Director shall accordingly prepare and cause to
be inserted in the official newspaper advertisements for bids upon
the making of such improvements under such approved plans and
specifications. The advertisement shall be published for three (3)
weeks (at least 21 days), and shall specify the work to be done and
will state that the bids will be opened and considered at 11:00
a.m. on Thursday, the lith day of January, 1990, and that no bids
will be considered unless sealed and filed with the Public Works
Director. That the advertisement for bids for Repair and
Maintenance of Well No. 10 shall be substantially in the standard
form.
PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CZTY OF FRIDLEY THIS
18TH DAY OF DECEMBER, 1990.
WILLIAM J. NEE, MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
11
11A
y. - �. . . :
REPAIR l�ND l�IAINT$Nl�NC$ OF 1BLL �10. 10 PROJECT NO. 198
Sealed bids will be received and publicly opened by the City of
Fridley, Anoka County, Minnesota, at the office of the Public Works
Director, 6431 University Ave., N.E., Frid�ey, Minnesota, 55432
(tel. 571-3450) on Thursday, tbe iith dap oi January, 1990, at
11:00 a.m., for the furnishing of work and materials for the REPAIR
AND MAINTENANCE OF WELL NO. 10 PROJECT NO. 198. Each well repair
bid will be awarded on an individual basis.
Plans and specifications may be examined at the office of the
Public Works Director and copies may be obtained for the
' Contractor's individual use by applying to the Public Works
Director, Fridley City Hall, 6431 University Ave., N.E., Fridley,
Minnesota, 55432 (tel. 571-3450, ext. 159).
Bids must be made on the basis of cash payment for work, and
accompanied by a cash deposit, certified check (on a responsible
bank in the State of Minnesota) or a bidder's bond made payable
without condition to the City of Fridley, Minnesota, in an amount
of not less than five percent (5�) of the total amount of the bid.
The City Council reserves the right to reject any and all bids and
to waive any informalities in any bids received without
explanation.
No bid may be withdrawn for a period af sixty (60) days.
By order of the City Council of the City of Fridley, Minnesota.
Dated this 18th day of December, 1989.
Published: Fridlev Focus
December 20, 1989
December 27, 1989
January 3, 1990
John G. Flora, P.E.
Public Works Director
Construction Bulletin
December 22, 1989
December 29, 1989
January 5, 1990
� �,�
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1�ILTAATION PLA
Al�EAVOIFI
WELL
WATtAMAW
t'10� OA OAEAT�
C-1 �T�.
7F FAIDLEY
12
CITY OF FRIDI.$Y
l[EiiORA�TDIIM
�. �
TO: WILI,IAM W. BIIRNB, CITY MANAGER c�` '
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SHARON FETTING, STAFF ACCOIINTANT
SIIBJECT: RESOLIITION CERTIFYING TA% LEVY REQDIREMENTS FOR 1990 TO
THE COIINTY OF ANOICA FOR COLLECTION
DATE: DECEMBER 13� 1989
Attached you will find the resolution which will certify to the
County of Anoka the levy requirements for property taxes for 1990.
This is to be presented to City Council on December 18 after the
budget ordinance has been adopted.
The levy was prepared in accordance with the State of Minnesota's
levy limit requirements. The payable 1990 levy is the maximum
amount we could levy plus a special levy of $88,878 for the
unfunded portion of the police pension liability.
12A
RESOI�ITION NO. - 1989
RESOLIJTION CEirPIFYING TAX LEVY REQIIIREI�ENTS
FOR 1990 TO THE CODNTY OF ANORA FOR COLLECTION
BE IT RESOLVED that the City of Fridley certify to the County
Auditor of the County of Anoka, State of Minnesota, the following
tax levy to be levied in 1989 for the year 1990.
GENERAL FUND
Subject to Levy Limitation
$4,325,155
Special Levy - Unfunded Accrued Liability of the Police
Pension Fund
Subject to Levy Limitation $ 7,486
Not Subject to Levy Limitation 88,878 96,364
TOTAL GENERAL FUND
CAPITAL PROJECT FUND
Capital Improvement Fund
(Subject to Levy Limitation)
AGENCY FUND
Six Cities Watershed Management Organization
(Subject to Levy Limitation)
TO'PAL ALL FUNDS
�'=
$ 87,689
3,439
.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1989
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
itE80LOTIOM �O. - 1989
REBOLDTIO�T DESIalD�iTI�TG TIItE ll�iD
IiQILBBR OF COIIlTCIL iLBBTI�iQ6
WHEREAS, Section 3.01 of the Charter of the City of Fridley
requires that the City Council meet at a fixed time not less than
once each month; and
WHEREAS, Section 3.01 of the Charter of the City of Fridley
requires that the Council shall meet at such times as may be
prescribed by resolution; and
WHEREAS, it is the intent of the Council to comply with the open
meeting provisions contained in Minnesota Statutes 471.705 as
interpreted by the courts;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Fridley that:
1. The Council will hold regular meetings in the Council
Chambers of the Fridley Municipal Center, commencing at
7:30 p.m. on the following Mondays in 1990:
January 8, January 22, February 12, February 26,
March 12, March 26, April 9, April 23, May 7, May 21,
June 4, June 18, July 9, July 23, August 13, August 27,
September 10, September 17, October 1, October 15,
November 5, November 19, December 10, and December 17.
2. The Council will hold conference meetings at the Fridley
Municipal Center, at which time matters are discussed but
no formal action is taken, commencing at 7:30 p.m. on the
following dates in 1990:
Monday, January 29; Monday, April 2; Monday, April 16;
Monday, May 14; Wednesday, June 6; Monday, June 11;
Monday, June 25; Wednesday, June 27; Monday, July 30;
Tuesday, September 4; Monday, October 29; and Monday,
November 26.
3. On the dates of regular Council meetings, conference
meetings will be held in the Fridley Municipal Center at
7:00 p.m. and following adjournment of each regular
meeting.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1989.
WILLIAM J. NEE - MAYOR
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
13
.
1990 CALEN DAR
City Couacil lt��tinq aad Holiday sch�Qul•
13A
REVISED
January 1990 February 1990 March 1990 Apri! 1990
S M T W T F S S M T W T F S S M T W T F S M T W T F S
2 3 4 5 6 1 1 2 1 3 4 5 6 7
7 91011 1213 6 7 8� 7 8 9 8 101t 121314
14 16 17 18 19 20 1 13 14 15 1 13 14 15 16 17 15 17 18 19 20 21
21 23 24 25 26 27 20 21 22 23 24 18 20 21 22 23 24 22 24 25 26 27 28
28 30 31 25 27 28 25 27 28 29 30 31 29 30
May 1990 June 1990 July 1990 August 1990
� S M T W T F S S M T W T F S S M T W T F S S M T W 2 3 4
1 2 3 4 5 1 2 1� 3 �IC 5 6 7
6 8 9 10 11 12 3� �9 8 10 11 12 13 14 5 6 7 8 9 10 11
13 1516171819 10],,� 41 16 15 t718192021 12 1415161718
20 22 23 24 25 26 17 Q� 1 1 23 22 24 25 26 27 28 19 21 22 23 24 25
27 � 29 30 31 24 Z5 26 �27 28 29 30 29 31 26 28 29 30 31
September 1990 October 1990 November 1990 December 1990
S M T W T F S S T W T F S S M T W T F S S M T W T F
1 2 3 4 5 6 � 2 3 6 7
2 (� 5 6 7 8 7 9 10 11 12 13 4 6 7 8 9 10 9 >> 13 14 15
9 11 12131415 14 1617161920 11 131415161� 16 18192021 22
1 1 21 22 21 23 24 25 26 27 18 20 21 �Q ?� 24 23 20 ?� ?.6 27 26 29
28 29 28 30 31 25 27 28 29 30 30 31
Conference Schedule L�ia? Holidavs
March 3- 6 Jan. 1 New Years Day (1)
NLC Congressional City Conference Jan. 15 I+Iartin Luther King Jr. Day
Washinqton, D.C. Feb. 19 Presidents Day
May 28 Memorial Day
June 12 - 15
Leaque of Minnesota Cities
Duluth, IrIId
September 23 - 27
ICMA Conference
Forth Worth, TX
December 1 - 5
NLC Conqress of Cities
Houston, TX
X�-- Aolidays
O = Council Meetings
j� = Conference Meetinqs
Budqet Work Session Dates:
June 6, 11, 25 & 27
Council Goal Setting Retreat:
February 9, 10 & 11
July 4 Independence Day
Sept. 3 Labor Day
Nov. 12 Veterans Day (ij
Nov. 22 Thanksqiving Day
Dec. �5 Christmas Day
9 Holidays
additional Holidavs
Nov. 23 Friday After Thanksgiving
Dec. � Christmas Eve
11 Total Holidays
Council meetings will be held the first and
third Kondays of May, June, October, and
November; on the second and fourth Mondays
of January, February, l�iarch, April, July,
and August; and on the second and third
Mondays of September and December.
Conference meetings will be held the fifth
l�tonday of January, July and October; on the
first and third Monday of April; on the
second Konday of May; on the first Tuesday
in Septeaber; and on the fourth Monday of
liov�aber.
APPROVED BY R.H. I,�SON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR
4U
RESOLUTION NO. � - 1989
RESOLUTION AUTHORIZING PARTICIPATION IN THE
MINNESOTA RENTAL REHABILITATION PROGRAM
WHEREAS, the need to rehabilitate substandard rentaZ units in the
City of Fridley exists; and
WHEREAS, the City of Fridley desires to participate in the
Minnesota Rental Rehabilitation Program, and administer it in
accordance with all applicable State and Federal regulations; and
WHEREAS, in order to participate in the Program, it is necessary
for the City of Fridley to file an application signed by the Mayor
of Fridley with the Minnesota Housing Finance Agency; and
WHEREAS, the City of �Fridley has obtained the cooperation of the
Metropolitan Council Housing Authority to provide rent assistance
to eZigible tenants affected by the Minnesota Rental Rehabilitation
Program, and the Housing Authority agrees to apply for any Section
8 rent assistance resources that may be available to the program
through the U.S. Department of Housing and Urban Development.
THEREFORE, BE IT RESOLVED by the Fridley City Council of the City
of Fridley, County of Anoka, that the City Manager and Staff is
authorized to:
2. File applications for Rental Rehabilitation funds with the
Minnesota Housing Finance Agency;
2. Administer through the County of Anoka Community Development
Department any rental rehabilitation funds that are awarded;
and
3. Authorize the Metropolitan Council Housing Authority to
operate the Section 8 rent assistance program within the City
of Fridley, County of Anoka, and authorize the County of Anoka
and the City of Fridley to enter into any cooperating
agreements with the Metropolitan Housing Authority required
for the purposes of coordinating Section 8 assistance in
association with the rental rehabilitation program.