07/19/1993 - 4945WILLIAM W. BIIRNS
CITY MANAGER
COIINCIL MEETING
JIILY 19� 1993
OPEN FORUM. VISITORS:
(Consideration of Items Not on Agenda - 15 11�Finutes)
PUBLIC HEARING:
On-Sale Club �iquor License for th�,Knights
of Columbus . . . . . . . . / . . .
1�
/ � 1
�
OLD BUSINESS:
.
���
............ 1 -1A
1/
Special Use Permit, SP #93-10, by Stephen .
Witzel, to Allow Outdoor Storage of
Materials and Equipment, Generally Located
at 505 Fairmont Street N.E. (Tabled July 6,
1993) . . . . . . . . . . . . . . . . . . . . . . . . . . . . U� . � . . . . 2 - 2J
�
Second Reading of an Ordinance Under
Section 12.07 of the City Charter to
Vacate Streets and Alleys and to Amend
Appendix C of the City Code (Vacation
Request, SAV #93-02, by Anderson
Trucking Service, Inc.) . . . . . . . . . . . . .
ru��C'�
/ �. �.
...... 3-3B
OLD BUSINESS (CONTINUED�
Second Reading of an ��m��ce Under
Section 12.07 of the C Ghart�,►�o
Vacate Streets anct Alle y #� Amend �,�
Appendix C of the City Code (Vacation
Request, SAV -#90-a2, � by #he City of �
Fridley) . . . . . : . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . 4 - 4D
NEW BUSINESS: *
.,
Appointment: City Empioyee
........�. /... 5
.�
��
.,� �� ���.sew✓
Approve Animal Control Contract with
Skyline. Veterinary Hospital . . . . . . , . . . . . . . . . . . 6 - 6D
• ,
��
. ��
Approve Seruice Contract with the
Anoka County Community Action Program, �e�• i'
Inc., Concerning the Home Improvement - N
Grant Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 70
.. i
Approve Subgrantee Agreement wi#h the
Anoka County Community Action Program, �,�
Inc., Concerning the Home Improvement i
Grant Program . . . . . . . . . . . . . . . . . . . . . . . . . . / � 8 - 8S
FRIDLEY CITY COUNCIL MEETING OF JULY 19, 1993 Page 4
NEW BUSINESS (CONTINUED�
Receive Bids and Award Contract for �
Construction of 63rd Avenue Booster
Station, Project .No. 250 � � . . . . . . . . . . . . . . . .
;
0
r
�
�' • _1
A'�
01'
Receive Bids and Award Contract for �p,�
TCAAP Interconnect Pipeline, Project a�
No. 248 . . . . . . . . . . . . . . . . . . . . . . . . . � . �. . . . . 10 - 10K
, �*
Authorize Purchase of Outlot B,
Shorewood Plaza . . . . . . . . . . . . . . � . . . 11 - 11 C
t�. . •�p �-
f�
� J
Receive Bids and Award Contract for �
the 1993 Street lmprovement Project �'�'�"'
No. ST. 1993 - 1 8� 2 . . . . . . . . . . . . . . . . . . . . . 12 - 12B
_: <� :
Receive Proposals and Award Contract �
for Construction Surveying for the 1993 )''��"'`J �
Street Improvement Project . . . . . . . . . . . . . . . . . �. 13 - 13A
FRIDLEY CITY COUNCIL MEETING OF JULY 19, 1993 Page 5
NEW BUSINESS (CONTINUED�
Resolution Authorizing the Advertisement
for Bids for the Repainting of the 1.5 a'�,�.,`�
Million Gallon Concrete Water Tank,
Project No. 251 . . . . . . . . . . . . . . ,� . . . . . . . . . : .
tl�
�
Receive Letter dated June 24, 1993, ,�
from Dr. Dennis E. Rens, Superintendent,
School District No. 14; Re: Funding of
Cable Television Equipment . . . . . . .k . . . . .
14 - 14C
15 - 15D
Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . 16
�� •
Ciaims ............ . ..................... 17
Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 - 18B
Estimates . . . . . . . . . . .
ADJOURN:
................ 19
THE MINUTES OF THE FRIDLEY CITY COIINCIL MESTING OF
JOLY 6, 1993
THE MINIITES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF
JULY 6, 1993
The Regular Meeting of the Fridley City Council was called to order
at 7:34 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENT:
MEMBERS ABSENT:
APPROVAL OF MINUTES:
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, and Councilman Schneider
Councilman Fitzpatrick
COUNCIL MEETING. JUNE 21, 1993:
MOTION by Councilwoman Jorgenson 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 Schneider to
Seconded by Councilwoman Jorgenson.
aye, Mayor Nee declared the motion
OPEN FORUM, VISITORS:
adopt the agenda as submitted.
Upon a voice vote, all voting
carried unanimously.
MARK WINSON 165 STONYBROOK WAY RE: EROSION CONTROL ON
STONYBROOK CREEK:
Mr. Mark Winson, 165 Stonybrook Way, stated that some recent events
along Stonybrook Creek have caused him to come to the Council. He
stated that there is a proposed project, in the capital
improvements program for some erosion control along the creek, and
he hoped construction would begin this year. He stated that with
the recent rains there is erosion, and several trees have fallen
in the last few weeks. He stated that the creek becomes a torrent
during heavy rains, and the property owners along the creek are
worried about losing land. Mr. Winson stated that he has lost
about ten feet of land within the four years he has lived at this
address. He stated that there is also a liability, as he has to
chase children away from the creek because there is about a fifteen
foot drop.
FRIDLEY CITY COUNCIL MEETING OF JIILY 6, 1993 PAGE 2
Mr. Winson stated that the project contemplated for Stonybrook
Creek has not yet been designed. He offered his assistance to help
with the design and get a successful project started. He stated
that there is support for this project and hoped the Council will
move ahead. Mr. Winson stated that his property, as well as the
Dunphy and Martin properties, are probably the most affected by
the erosion. He stated that a tree fell and took down the Dunphy's
telephone lines and his cable television line. He stated that
there are several downed trees. These will adversely affect the
flow of the creek and could cause even more erosion. He stated
that any help the City can give the property owners would be
appreciated.
PUBLIC HEARINGS:
1. PUBLIC HEARING ON AMENDMENTS TO CHAPTER 2 AND SECTION 4.04 OF
THE FRIDLEY CITY CHARTER:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
7:44 p.m.
Mr. Gordon Backlund, Chairman of the Charter Commission, stated
that the amendments deal with the organization of the City Council.
He stated that Section 2.02 pertains to elective officers and
updates the Charter by stating when the Mayor and Councilmembers
should be elected. He stated that the amendment also provides time
periods for redistricting.
Mr. Backlund stated that the most interesting amendments involve
vacancies on the City Council. He stated that there is a procedure
on how a special election is called if a vacancy occurs during the
fourth year of office. He stated that there are refinements if the
vacancy occurs after the filings for the office are closed or if
this vacancy occurs after October 1. He stated that it really is
not clear how vacancies should be filled during the first to the
third year of the term of office. He stated that it may be in
order to add a paragraph that would specifically address the
procedure for vacancies occurring during the first to the third
year of the term of office.
Councilman Schneider read the last sentence of Section 2.05 of the
current Charter. He felt that the proposed amendment to
Section 2.05 was not complete.
Mr. Backlund stated that this language from the current Charter is
not contained in the proposed amendment and should be reviewed to
make sure something was not inadvertently omitted.
FRIDLEY CITY COIINCIL MBETING OF JULY 6, 1993 PAGB 3
Mr. Backlund stated that Section 4.04 basically refers to a special
election for vacancies and how these should be held.
Councilman Billings stated that there are some fairly extensive
amendments similar to what was submitted to the Council several
months ago and reworked by the Charter Commission. He questioned
what would happen if there is a deadlock on the Council to appoint
a person to fill a vacancy, as provided under Section 2.06,
subsection 4.
Mr. Backlund stated that the Charter Commission did not really
address the issue of a deadlock. He stated that he would be open
to any suggestions on how this could be handled.
Councilman Billings stated that he believed there is language that
indicates if the Council is in a deadlock, the Mayor does the
appointing.
Mr. Backlund stated that the Charter Commission addressed the
vacancy issue, but they did not deal with every problem that may
occur. He stated that is not to say the Commission should not
address this potential problem.
Councilman Billings felt that perhaps the Charter Commission may
want to review this issue as they review the entire Charter.
Mr. Backlund stated that this area was difficult because it dealt
with an issue that had not been reviewed in depth.
No other persons in the audience spoke regarding these proposed
Charter amendments.
MOTION by Councilman Billings to close 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 closed at 8:00 p.m.
2. PUBLIC HEARING ON VACATION REOUEST, SAV #93-02. BY ANDERSON
TRUCKING SERVICE. INC., TO VACATE ALL EASEMENTS LOCATED IN
THE ANDERSON DEVELOPMENT PLAT. GENERALLY LOCATED AT 7699
CENTRAL AVENUE N.E.:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
8:00 p.m.
Ms. Dacy, Community Development Director, stated that this property
is located at Osborne Road and Central Avenue. She stated that
Council recently approved a replat of the Anderson Development
Plat. She stated that the easements proposed to be vacated were
FRIDLEY CITY COIINCIL MEETING OF JIILY 6, 1993 PAGE 4
platted as part of the original Anderson Development Plat of 1969.
She stated that because the property is now platted into three
lots, the easements are not needed. Appropriate easements are
provided on the new plat.
No persons in the audience spoke regarding this proposed vacation
of easements.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:02 p.m.
OLD BUSINESS•
3. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY
CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C
OF THE CITY CODE iVACATION RE4UEST, SAV #90-02. BY THE CITY
OF FRIDLEYL (TABLED JUNE 7, 1993):
Mayor Nee removed this item from the table.
Ms. Dacy, Community Development Director, stated that this property
at Broad Avenue and Lafayette Street is located at the border of
Fridley and the City of Coon Rapids. She stated that the proposal
is to vacate a paper easement on Broad Avenue.
Ms. Dacy stated that this item was considered by the Planning
Commission in May. They recommended approval of the vacation.and
to combine the vacated right-of-way with the tax forfeited lot so
that the lot could be sold. She stated that the Council tabled
this item on June 7, 1993 at the request of the Wetterlinds, the
property owner to the north, so that they could contact their
attorney.
Ms. Dacy stated that staff inet with the Wetterlinds. Their major
concern was the location of the bikeway/walkway easement whieh
would be located along the west and north side of the vacated
right-of-way. She stated that in order to try and maximize the
distance between the bikeway/walkway and any buildable site to the
rear of the Wetterlind property, a meeting was held with the staff
from the City of Coon Rapids. She stated that their interpretation
was that the southeast corner of the Wetterlind property would be
considered the front yard and the northwest corner would be
considered the rear of their property. She stated that this would
achieve as much distance as possible from the bikeway/walkway and
the Wetterlind property.
MOTION by Councilman Billings to waive the reading and approve the
ordinance on first reading. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF JULY 6. 1993 PAG$ 5
NEW BUSINESS•
4. APPOINTMENT: PUBLIC SAFETY DIRECTOR:
Mr. Burns, City Manager, stated that as Council is aware, Jim Hill,
the Public Safety Director, will be retiring July 31. He stated
that the City is very fortunate in having someone in the City's
Police Department qualified to fill this position. He stated that
this person is David Sallman who graduated from the University of
Minnesota and received his Masters Degree from St. Thomas. He
stated that Mr. Sallman also graduated from the FBI Academy and
served in the Marine Corps. He stated that he joined the Fridley
Police Department in 1977 and rose rapidly through the ranks to
Deputy Public Safety Director in 1987. He reviewed the honors that
Mr. Sallman has received and some of his accomplishments.
Mr. Burns recommended that the Council concur with the appointment
of David H. Sallman as the new Public Safety Director.
MOTION by Councilman Schneider to concur with the following
appointment by the City Manager:
Name Position
David H. Director of
SalZman Public Safety
Exempt
Starting
Salarv
$62,180.64
per year
$5,181.72
per month
Range 11
Starting
Date
Aug. 1,
1993
Replaces
James P.
Hill
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mayor Nee and members of the City Council congratulated Mr. Sallman
on his appointment.
Mr. Sallman thanked Jim Hill, Bill Burns, and members of the
Council for the confidence they have shown in him. He stated that
he will work very hard to justify that confidence.
Mayor Nee stated that he felt the City was fortunate to have a
person in which they had such confidence.
Councilman Billings pointed out that the City of White Bear Lake
did an exhaustive search for a Public Safety Director, and Dave
Sallman finished in the top three. He stated that a seiection has
not been made, but Mr. Sallman has withdrawn from the running to
accept this position with the City. He stated that this further
exemplifies that Mr. Sallman is a very qualified person.
FRIDLEY CITY COIINCIL MEETING OF JOLY 6, 1993 PAGE 6
5. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 3 OF THE
FRIDLEY CITY CHARTER:
Mayor Nee stated that this ordinance amendment requires five votes.
Since all councilmembers were not present this evening, he asked
that the item be tabled.
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.
6. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY
CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C
OF THE CITY CODE (VACATION REQUEST. SAVE #93-02, BY ANDERSON
TRUCKING SERVICE. INC.):
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
7. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF
JUNE 22. 1993•
A. VARIANCE RE4UEST, VAR #93-12. BY PETER VAGOVICH. TO REDUCE THE
SIDE YARD SETBACK OF A DETACHED ACCE5SORY STRUCTURE FROM
5 FEET TO 3 FEET TO ALLOW THE CONSTRUCTION OF A DETACHED
ACCESSORY STRUCTURE GENERALLY LOCATED AT 6600 BROOKVIEW
DRIVE N.E.•
Ms. Dacy, Community Development Director, stated that this is a
request for a variance to reduce the side yard setback for a
detached accessory structure from five feet to three feet to allow
�onstruction of a 12 by 30 foot building. She stated that the
petitioner began construction without a building permit. She
stated that if this variance is approved at its present location,
staff has some concerns regarding a fire wall, roof trusses, and
that the structure is permanently anchored to the slab. Ms. Dacy
stated that the Council should note this request is in excess of
previously approved requests.
Ms. Dacy stated that the owner to the south of this property
testified in favor of the variance request. She stated that the
Appeals Commission unanimously recommended denial, as there are
other options to conform to the ordinance, and they believed no
hardship exists, and that granting the variance would be contrary
to the spirit and intent of the code.
Councilman Billings asked if it was relevant that construction
began without a building permit.
FRIDLEY CITY COIINCIL ME$TING OF JIILY 6, 1993 PAGE 7
Ms. Dacy stated that, typically, the Council considers these
requests prior to initiation of construction, and the Appeals
Commission did not want to send a message to Council that they
should approve the variance just because a structure was partially
completed.
Councilwoman Jorgenson asked the petitioner if a contractor was
assisting him in building the structure.
Mr. Vagovich stated that he had a contractor construct the
building. He stated that he did not know he needed a building
permit for a utility shed. He stated that the contractor is
Hermanson Builders in Ham Lake.
Councilman Billings stated that the City still licenses contractors
for commercial properties, but he believed contractors for
residential properties are licensed by the State.
Ms. Dacy stated that residential contractors apply for a license
form the State, but the City verifies the license when a building
permit application is received.
Mayor Nee said that the State should probably be advised that the
contractor does not recognize that he should obtain a building
permit.
Mayor Nee stated that with all the space available on this lot, he
could not understand why the petitioner chose to construct the
building at this location.
Mr. Vagovich stated that he did not want to look at a shed in his
back yard. He stated that the Michael Servetus Unitarian Church
has a shed that is only about a foot from the property line. He
stated that he has seen buildings all over Fridley that are closer
to the property line.
Mayor Nee stated that variances are granted if there are no other
options, and Mr. Vagovich has a very substantial amount of land
where this building could be constructed.
Mr. Herrick, City Attorney, stated that the general rule for a
variance is if the applicant cannot make any reasonable use of his
property or does not have any alternative. He stated that the
Council has previously discussed creating precedents, and if a
variance such as this is approved, someone with a similar request
would have to be treated in the same manner.
Councilman Billings stated that the petitioner has spent time,
energy, and money for this project; however, he is inclined to go
along with the unanimous recommendation of the Appeals Commission
and deny the variance.
FRIDLEY CITY COLJNCIL MEETING OF JIILY 6. 1993 PAGE 8
MOTION by Councilman Billings to concur with the unanimous
recommendation of the Appeals Commission and deny Variance Request,
VAR #93-12. Seconded by Councilman Schneider.
Councilwoman Jorgenson asked if Mr. Vagovich would have any
recourse to take legal action against the contractor for not
knowing the setback requirements in the City.
Mr. Herrick felt that Mr. Vagovich may have a reasonable claim.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
JUNE 23, 1993•
A. SPECIAL USE PERMIT RE UEST. SP #93-09, BY PETER VAGOVICH, TO
ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE OVER
240 S UARE FEET, GENERALLY LOCATED AT 6600 BROOKVIEW
DRIVE N.E.•
Ms. Dacy, Community Development Director, stated that the Council
denied the variance request;. therefore, action should be taken to
deny this special use permit.
Councilman Billings stated that this would not necessarily be true
since the petitioner could build the structure in the back yard,
and he has applied for the special use permit to permit a building
larger than 240 square feet.
Ms. Dacy stated that the Planning Commission recommended approval
of this special use permit with the stipulations that the structure
comply with the Uniform Building and Fire Codes and that the
structure be relocated if the variance was not approved.
Councilman Billings stated that, unfortunately, the petitioner has
left the meeting, but he may want to move the structure to comply
with the setback requirements. He stated that if this special use
permit is granted and the building is not constructed within one
year, this permit would expire.
Ms. Dacy stated that if the special use permit is approved, staff
would review the revised location to determine if the setback
requirements are met, and that would occur administratively.
MOTION by Councilman Billings to grant Special Use Permit,
SP #93-09, with the stipulation that the accessory building be
constructed in accordance with the building, fire, and zoning codes
and further emphasizing that the Variance Request, VAR #93-12, was
not approved and the building must meet all side and rear yard
setbacks. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF JIILY 6, 1993 PAGE 9
B. SPECIAL USE PERMIT RE UEST SP #93-10 BY STEPHEN WITZEL, TO
ALLOW OUTDOOR STORAGE OF MATERIALS AND E4UIPMENT, GENERALLY
LOCATED AT 505 FAIRMONT STREET N.E.:
Ms. Dacy, Community Development Director, stated that the property
is located just west of the intersection of Fairmont Street and
East River Road. She stated that the property is zoned C-1, and
the petitioner operates Mobile Maintenance, a mobile home repair
operation, from this concrete structure. She stated that to the
west of the existing building is a storage yard used for storage
of vehicles, equipment and materials associated with the business.
She stated that the special use permit is for the outdoor storage
of materials.
Ms. Dacy stated that the Planning Commission recommended approval
of this special use permit with four stipulations, which she
outlined pertaining to a screening fence, landscaping, uses of the
storage area, and no exterior storage outside the storage area.
She stated that the Planning Commission believed the hard surface
drive should not be required because the property has been
maintained with the sa�ne gravel surface for some time.
Mayor Nee felt that the corner was an eyesore and even though it
has been maintained in this fashion for a number of years, he does
not believe it is grounds to let it continue. He stated that the
residents in the neighborhood have improved their property, and
the corner is not an improvement for the area.
Councilwoman Jorgenson asked if there was any green space on this
property.
Ms. Dacy stated that some landscaping is recommended between the
two curb cuts.
Mr. Witzel, the petitioner, stated that he owns the building, when
he purchased the property he was told by City staff that he would
not have problems with this driveway. He stated that he has put
about $15,000 in repairs to the property. He stated that his next
door neighbor at the laundromat stated that he has done more for
the building than anyone in twenty years. He stated that the
Planning Commission did not recommend blacktop for the storage area
but for the front. He stated that he is applying for the special
use permit to use the property for the same thing it has been used
for in the last twenty years because a neighbor behind his property
is upset that he has a boat parked there.
Mayor Nee stated that as long as all the storage is inside the
fence, the long, wide driveway is probably not needed, and possibly
a driveway of twenty feet or so would accommodate his needs and
this could be paved.
FRIDLEY CITY COIINCIL MEETING OF JIILY 6. 1993 PAGE 10
Mr. Witzel stated that he did not understand what a 20 foot wide
driveway would accomplish.
Councilwoman Jorgenson stated that a narrower driveway would permit
more green space and offer a more pleasing environment.
Ms . Dacy felt that the suggestion to pave a portion of the driveway
would provide an opportunity to install the landscaping and
minimize the costs for paving.
Mr. Witzel stated that if he installs landscaping, trucks would
have to pull out onto a residential street. He felt that the green
space would look nice but would not function for his business
operation. He stated that he fully intend�s to blacktop the
driveway at some point, but he is cornered financially.
Mayor Nee stated that he would like this item tabled to see what
could be worked out that would accomplish some of the goals and
still be manageable for the petitioner.
Councilman Billings stated that when a special use permit is before
the Council, the Council tries to get the property owner to bring
the property up to the current codes. He stated that on the agenda
this evening is a new ordinance proposed by staff and the Planning
Commission to actually require hard surfaced areas for the parking
of all vehicles in all zoning districts.
Councilman Billings stated that the City is in the process of
reviewing properties and trying to upgrade those that are
deteriorating. He felt that Mr. Witzel would agree when there is
some landscaping on the property, it makes for a nicer appearance.
He stated that when properties deteriorate they lose their own
value and also affect neighborhood values.
Councilman Billings felt that perhaps a landscaping plan could be
worked out with s�aff to install a few trees at this time and
additional time to accomplish other improvements. He felt that in
this way, Mr. Witzel's goals, as well as those of the City, may be
achieved.
Mr. Witzel stated that in the original recommendation by staff, he
agreed to all the stipulations and landscaping except the hard
surface driveway.
Councilman Billings felt that staff should work with Mr. Witzel to
see what could be done as far as improvements and landscaping. �
MOTION by Councilman Billings to table this item to the Council
meeting on July 19, 1993. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
FRIDLEY CITY COIINCIL MEETING OF JIILY 6. 1993 PAGE 11
C. ESTABLISH PUBLIC HEARING FOR AUGUST 2, 1993. FOR AN AMENDMENT
TO THE FRIDLEY CITY CODE CHAPTER 205 ENTITLED "ZONING," BY
AMENDING SECTIONS 205 07 06 205.08.06, 205.09.07. AND
205 10 06 AND RENUMBERING CONSECUTIVE SECTIONS (PARKING
ORDINANCE AMENDMENT):
Ms. Dacy, Community Development Director, stated that this
amendment would require that any parking of vehicles in a
residential area would have to occur on a hard surface driveway or
approved parking stalls. .
MOTION by Councilman Schneider to set the public hearing on this
amendment to the City Code for August 2, 1993. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
MOTION by Councilman Billings to receive the minutes of the
Planning Commission Meeting of June 23, 1993. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously. �
9. APPROVE CONSULTANT CONTRACT WITH WESTWOOD PROFESSIONAL
SERVICES INC AND PETERSON ENVIRONMENTAL CONSULTING,_ INC.,
TO PROVIDE WETLAND DELINEATION SERVICES:
Ms. Dacy, Community Development Director, stated that the
Legislature passed the Wetland Conservation Act in 1991, and the
City will be required to pass a wetland ordinance enforcing the
requirements of this act or imposing more stringent development
standards. She stated that in order to comply with the act, the
City needs to identify the wetlands located within the City limits
and to delineate them as to size and type.
Ms. Dacy stated that in order to accomplish this task, staff sent
six Request for Proposals to consulting companies for wetland
delineation services. She stated that four proposals were
received, and the joint proposal submitted by Westwood Professional
Services, Inc., and Peterson Environmental Consulting was chosen
by staff based on the lowest cost, the most detailed presentation
and understanding of the activities included in the Request for
Proposal, a firm understanding of the requirements of the Wetland
Conservation Act, and previous project experience regarding wetland
delineation.
Ms. Dacy stated it is estimated that the final report will be
completed in October so that staff can develop an ordinance and
complete the process during the last part of this year.
Ms. Dacy recommended that the Council approve the consultant
contract with Westwood Professional Services, Inc., and Peterson
Environmental Consulting.
FRIDLEY CITY COIINCIL MEETING OF JIILY 6. 1993 PAGE 12
Councilman Billings asked if Ron Peterson would do the majority of
the work, as he had previously done work on the Meadowlands
proj ect .
Mr. Robin Bouta, Westwood Professional Services, stated that they
would be doing the work in conjunction with Ron Peterson. He
stated that Mr. Petersan was formerly with Westwood, and they
continue to work with him.
MOTION by Councilman Schneider to approve the consultant contract
with Westwood Professional Services, Inc., and Peterson
Environmental Consulting for wetland delineation and evaluation
services in the amount of $7,990.00. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye,.Mayor Nee declared
the motion carried unanimously.
10. AUTHORIZE PUBLIC NUISANCE ABATEMENT AT 513 FAIRMONT STREET
N.E.
Ms. Dacy, Community Development Director, stated that staff took
a video this afternoon of the property, and it was shown to the
Council. She stated that the nuisance conditions are the four dead
trees, the brush pile, and outside storage of materials in the rear
yard.
Ms. Dacy stated that adjacent property owners have reported on a
number of occasions that branches will come off the trees and land
on their property. She stated that the current owner, Mabel
Cooper, cannot be contacted. She stated that a notice was mailed
to her by certified mail, and staff has been in contact with the
mortgage company ove.r the past year. Ms. Dacy stated that the
property has been posted that the City is proceeding with the
nuisance action to remove the dead trees and brush, and Sears
Mortgage Company is aware of this action. She stated that at least
four complaints have been received from property owners in the
area. She stated that a contractor will be hired, and the property
assessed for the cost of abating this nuisance.
Ms. Dubay, 521 Fairmont Street, stated that she owns the property
directly to the west and presented photographs of the property.
She stated that the top of the tree fell on her property, and she
has been in contact with City staff regarding the dead trees. She
stated that she has been picking up limbs and branches that have
fallen on her home and vehicles. She stated that this is a big
concern for her as she was physically injured when removing a
branch that had fallen from the tree.
Councilwoman Jorgenson stated that the City, in conjunction with
the Housing and Redevelopment Authority, is doing some housing
rehabilitation. One phase is to acquire sites similar to this,
remove the structures, and divide the lot between the two adjacent
property owners. She asked Ms. Dubay if she would have an interest
FRIDLEY CITY COUNCIL ME$TING OF JIILY 6, 1993 PAG$ 13
in acquiring part of this lot. Ms. Dubay replied that she would
be interested.
Mr. Witzel stated that he would be interested in a portion of the
lot but not interested in buying green space. It would depend on
the Council's position on what he could do with the property.
Ms. Cheryl Boe, 520 Glencoe Street, stated that her big concern
with Mr. Witzel's property is the storage of the cabin cruiser.
She stated that she did not want a parking lot in her back yard.
Councilman Billings stated that discussion of the acquisition of
513 Fairmont by Mr. Witzel may be premature, as the Council does
not know the position of Sears Mortgage on this property.
Councilwoman Jorgenson stated that site acquisition is only part
of the housing rehabilitation program. The City is trying to take
care of some of the more difficult properties and keep property
values as stable as possible. She stated that this type of
property would bring down property values in the area.
MOTION by Councilwoman Jorgenson to authorize abatement of the
public nuisance at 513 Fairmont Street and order the removal and
disposal of the large brush pile in the rear yard, cutting and
removing several dead/dying trees located across the property that
create a potential safety hazard, and discontinuing outside storage
of materials in the rear yard. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
11. EXTENSION OF MEMORANDUM OF UNDERSTANDING FOR RENTAL
REHABILITATION GRANT PROGRAM: �
Ms. Dacy, Community Development Director, stated that in order for
this rental rehabilitation grant program to continue, it is
necessary to extend the agreement with Anoka County.
MOTION by Councilman Schneider to approve the extension of the
Memorandum of Understanding for the Rental Rehabilitation Grant
Program from February 1, 1993 through July 31, 1994. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
12. REVIEW VARIANCE REQUEST VAR #90-12, BY JAMES NICKLOW. TO
INCREASE THE MAXIMUM ALLOWABLE S4UARE FOOTAGE OF A SIGN FROM
80 S UARE FEET TO 112 S4UARE FEET GENERALLY LOCATED AT 6161
HIGHWAY 65 N.E.:
Ms. Dacy, Community Development Director, stated that three years
ago the Council approved this variance request to increase the
maximum allowable square footage of a sign from 80 square feet to
112 square feet in order to allow an addition of a reader board to
FRIDLEY CITY COIINCIL MSETING OF JIILY 6. 1993 PAGE 14
the ex.isting pylon sign at the Shorewood Inn. She stated that as
a condition of approval the variance was to terminate with the
current owner, and the request was to be reviewed in three years.
She stated that the Council should either approve or deny the
variance. �
Councilman Schneider stated that over the last several years, the
Council has been granting variances anywhere from 120 square feet
to 160 square feet, so it would seem the 112 square foot sign is
not out of line with this standard.
MOTION by Councilman Schneider to approve the continuation of
VAR #90-12. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
13. REVIEW VARIANCE RE4UEST. VAR #91-13, BY LEONARD VANASSE. TO
INCREASE THE MAXIMUM SOUARE FOOTAGE OF A SIGN FRONi 80 SOUARE
FEET TO 101 S UARE FEET, GENERALLY LOCATED AT 57 81ST
AVENUE N.E.•
Ms. Dacy, Community Development Director, stated that on June 17,
1991, the Council considered this variance to increase the sign
area from 80 square feet to 101 square feet with a review in two
years to possibly permit submission of a subdivision request, but
this has not occurred. She stated that Council should either
approve or deny the variance.
Mr. Jim Van Auken, Terminal Manager for Craus Cartage Company,
stated that Craus Cartage is negotiating to purchase a portion or
all of the building. A meeting will be held on July 15 regarding
these negotiations.
Councilman Billings stated that in reviewing the minutes from the
meeting in 1991, it was believed a subdivision might not be in the
best interests of the community. He stated that he has not heard
a lot of complaints, but would move for a two-year extension of
this variance, and review at the end of this time period.
MOTION by Councilman Billings to continue VAR #91-13 for a two-year
period, with a reviewal at the end of this time period. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
14. APPROVE COMPREHENSIVE SIGN PLAN AMENDMENT FOR 7820 - 7900
UNIVERSITY AVENUE N.E. (T.R. MCCOY'S):
Ms. Dacy, Community Development Director, stated that this is an
amendment to the comprehensive sign plan for T.R. McCoy's to permit
installation of two 22 square foot signs. She stated that the
signs will advertise the availability of pull tabs at T.R. McCoy's.
FRIDLEY CITY COIINCIL MEETING OF JOLY 6, 1993 PAGE 15
Mr. Jim Golden stated that pull tabs will be sold at T.R. McCoy's,
and this activity is operated by the Lion's Club.
MOTION by Councilman Schneider to approve an amendment to the
comprehensive sign plan for 7820-7900 University Avenue N. E. (T.R.
McCoy's) with the stipulation that if the pull tab operation
ceases, the signs shall be removed. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
15. ESTABLISH A PUBLIC HEARING FOR JULY 19, 1993, FOR THE KNIGHTS
OF COLUMBUS FOR AN ON-SALE CLUB LIQUOR LICENSE:
MOTION by Councilman Billings to set the public hearing for this
on-sale liquor license for July 19, 1993. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
16. RECEIVE PETITION FOR THE RICE CREEK STREAM BED AND BANK
STABILIZATION PROGRAM:
MOTION by Councilman Schneider to receive Petition No. 12-1993 and
authorize submittal of the Rice Creek Stream Bed and Bank
Stabilization Project to the Watershed District and to Anoka County
Soil and Water Conservation District for approval and funding
support. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
17. RESOLUTION NO. 49-1993 DETERMINING THE NECESSITY FOR
AUTHORIZING THE ACOUISITION OF CERTAIN PROPERTIES BY
PROCEEDINGS IN THE EMINENT DOMAIN (OUTLOT B, SHOREWOOD PLAZA):
Mr. Erickson, Assistant Public Works Director, stated that in -
conjunction with the TCAAP watermain project and the site for the
booster station, City staff has been negotiating with the owners
of Outlot B, Shorewood Plaza, for purchase of this property. He
stated that an appraisal was completed but was not agreeable with
Quality Growth, the owners of the property.
Mr. Erickson stated that in reviewing this situation, it was
determined that Outlot B could possibly be split into two potential
lots, one for the booster station and one for development. He
stated that this was discussed as an option with Quality Growth;
however, they would not negotiate with staff.
Mr. Erickson requested Council to consider this resolution to
authorize the acquisition of this property through eminent domain
proceedings.
Mr. Erickson stated that recently Quality Growth did propose a
tentative agreement. He stated that, based on past experiences of
working with this property owner, it is recommended that the City
FRIDLEY CITY COIINCIL MEETING OF JIILY 6� 1993 PAGE 16
proceed with the condemnation. He stated that the agreement is,
basically, for splitting the lots and payment of $12,500 for Lot 1.
He outlined the nine different items in this proposed agreement.
There was a stipulation that the agreement would only be valid
until July 7, 1993.
MOTION by Councilman Schneider to adopt Resolution No. 49-1993.
Seconded by Councilman Billings.
Councilman Schneider stated that the main item is if the Council
is comfortable with only half the property for the booster station.
He stated that he would want to make sure there is plenty of space
for landscaping to make it compatible with the neighborhood.
UPON A VOICE VOTE TAKEN ON�THE ABOVE MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Schneider to direct staff that if a settlement
is negotiated with Quality Growth, Inc., the negotiations include
the entire Outlot B, with the option that if the entire lot was not
needed once specific plans are drawn for the booster station, the
lot could be potentially sold for residential development.
Seconded by Councilwoman Jorgenson.
Councilman Billings asked if the lot is acquired through
negotiations, does staff have the authority to purchase the lot or
does it has to come back to Council.
Mr. Burns, City Manager, stated that the Council has to approve the
purchase agreement.
Councilman Billings stated that he felt the motion definitely ties
the hands of staff in terms of negotiations. He does not have
enough facts to indicate whether he wants to lock staff into only
having the one option.
Mr. Erickson stated that he also did not know if the appraisal took
into consideration the fact that this lot could possibly be split.
Mr. Burns stated that staff can live with the motion and proceed
to negotiate between now and the Council meeting on July 19.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider,
Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion.
Councilman Billings voted against the motion. Mayor Nee declared
the motion carried.
18. RESOLUTION NO. 50-1993 INDEMNIFYING AND HOLDING HARMLESS THE
STATE OF MINNESOTA FOR ACTIONS ARISING FROM THE GRANTING OF
VARIANCES ON S.A.P. 127-319-04 (CHERI LANE AND 53RD AVENUE)_
AND S.A.P. 127-350-01 (REGIS LANE) STREET IMPROVEMENT PROJECT
NO. 1993 - 2•
Mr. Erickson, Assistant Public Works Director, stated that as part
of the 1993 street improvement project, the City obtained variances
FRIDLEY CITY COIINCIL MEETING OF JOLY 6. 1993 PAGB 17
from the State's design requirements. He stated that the State is
requesting a hold harmless agreement for these variances and asked
that the Council consider adoption of this resolution.
MOTION by Councilman Schneider to adopt Resolution No. 50-1993.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
19. APPROVE CONTRIBUTION TO THE 1993 STAR OF THE NORTH SUNIIKER
GAMES•
Mr. Burns, City Manager, stated. that the City has received a
request from the Finance Chairman of the Star of the North Summer
Games for a contribution to finance these games. He stated that
it was pointed out that the cities of Blaine and Coon Rapids each
provided $5,000. Mounds View also provided funding. He stated
that the games have already occurred and attracted many
participants which contributed to the City's retail trade. He
stated that the City was one of the co-sponsors, and the request
is for a contribution to share part of the cost.
MOTION by Councilwoman Jorgenson to approve a$1,000 contribution
for the 1993 Star of the North Summer Games. Seconded by
Councilman Billings.
7
Councilman Schneider stated that his concern is with the process.
He stated that the Star of the North Summer Games was good for the
northern area and the City, but he is not sure what process should
be used to provide this contribution. He stated that the City
receives many requests, and there is a manner in which these are
reviewed to determine who receives funding.
Councilman Billings stated that he assumes this motion would take
four affirmative votes to pass because it is not a budget item.
Mr. Herrick, City Attorney, stated that four affirmative votes
would be needed.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilwoman
Jorgenson, Councilman Billings, and Mayor Nee voted in favor of the
motion. Councilman Schneider voted against the motion. Mayor Nee
declared the motion failed.
20. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports.
21. CLAIMS•
MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos.
50130 through 50403. Seconded by Councilman Schneider. Upon a
FRIDLEY CITY COiJNCIL MEETING OF JIILY 6. 1993 PAGE 18
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
22. LICENSES•
MOTION by Councilman Schneider to approve the licenses as submitted
and as on file in the License Clerk's Office. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
23. ESTIMATES•
MOTION by Councilman Schneider to approve the estimates as
submitted:
Northwest Asphalt, Inc.
1451 County Road 8
Shakopee, MN 55379
1992 Street Improvement Project
No. ST 1992 - 1& 2
FINAL ESTIMATE . . . . . . . . . . . . . . . $29,565.70
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADJOURNMENT•
MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of July 6, 1993 adjourned at 10:23 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
Approved:
.,.. Y OF FRIDLEY
MEMORANDOM
TO: WILLIAM W. BURNS, CITY MANAGER 9�`�
ig'
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
WILLIAM A. CHAMPA, CITY CLERK
SUBJECT: PUBLIC HEARING FOR KNIGHTS OF COLUMBUS FOR AN ON-SALE
CLUB LIQUOR LICENSE
DATE: J U LY 13, 1993
Knights of Columbus has requested to change from a Bottle Club Liquor License to an
On-Sale Club Liquor License.
Pursuant to Chapter 606 Section .09 of the Fridley City Code; we are required to hold
a public hearing before issuing this license. Council has designated July 19, 1993 as
the public hearing date.
1
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that the Council of the City of Fridley will
hold a public hearing at the City Municipal Center, 6431 University
Avenue Northeast on July 19, 1993 at 7:30 p.m. on the question of
issuing an On-5ale Club Liquor License to Knights of Columbus for
the property located at 6831 Highway 65 Northeast.
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 572-3500 no later than July 12,
1993.
Anyone having an interest in this matter should make their interest
known at this public hearing.
William A. Champa
City Clerk
Publish: July 6& 13, 1993
1A
� _
_
I
Community Development Department
PI.ANNING DIVISION
City of Fridley
DATE: July 15, 1993 n
TO: William Burns, City Manager�jj
/� �,'
•fti
FROM: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT:
Special Use Permit, SP #93-10, by Steve Witzel;
505 Fairmont Street N.E.
Staff inet with the petitioner, Steve Witzel, on July 8, 1993 to
discuss landscaping, paving, and a time table for installation.
The following items were agreed to:
1.
2.
3.
4.
Landscaping will be installed in the existing planting area
adjacent to the driveway into the building.
A green area eight feet wide will be created between the two
curb cuts on Fairmont Street N.E.
The screening fence will be completed.
The remaining front yard area wi11 be paved by July 1, 1996.
Items 1-3 are to be completed by the petitioner by January 19,
1994.
Staff recommends that the City Council approve the special use
permit request with the above stipulations, and the following
stipulations recommended by the Planning Commission:
5. The storage area shall be used to store materials and
equipment which are directly related to Mobile Maintenance and
shall not include hazardous chemicals or contaminants, or any
vehicles which are not street operable and currently licensed.
The petitioner has unt.il July 1, 1994 to remove the boat
currently located in the storage area.
6. There shall be no exterior storage of materials and equipment
outside of the storage area.
MM/dn
M-93-418
LEYONE DRESSEL
490 Fairmont Street
Fridley, Minnesota 55432
(612) 786-7902
July 9, 1993
Fridley Planning Commission
6431 University Avenue N.E.
Fridley, Minnesota 55432
RE: Commission Meeting on June 23, 1993
Gentlemen and Women:
I work nights and am a single homeowner so I was unable to attend
your meeting or send a representative.
I very much oppose the Special Use Permit, SP #93-10 made by
Stephen Witzel for permission to allow outdoor storage of materials
and equipment on Lots 9 and 10 of Block I, Fairview Heights, 505
Fairmont Street, N.E.
This would create a very unsightly site in our residential
neighborhood. It is bad enough that they work long hours, have
noisy equipment and fill up our streets with employee parking, we
do not need their equipment and "materials" sitting on the
lot/street. In the spring (and rainy weather) there lot has
virtually been a mud hole with mud tracking onto our street and
adiacent areas.
While I am writing to you, we have a vacant house sitting kitty-
cornered across from my house. (I believe it is adjacent to the
above-referenced lot.) This house is an eyesore, trees falling
down, lawn seldom mowed and boarded up windows. I do not wish it
ever zoned commercial. I also very much object to the business
next to it taking over its driveway (and yard) for parking of
excess equipment, trucks, etc.
Thank you for your consideration on these matters.
Sincerely,
� , .. '� .
�
Ley e Dressel
2A
�
REQUEST
Permit Number
Applicant
Proposed
Request
Location
SITE DATA
Size
Density
Present Zoning
Present Land Use(s)
Adjacent
Zoning
Adjacent Land Use(s) ,
Utilities
Park Dedication
Watershed District
ANALYSIS
Financial lmplications
Conformance to the I
Comprehensive Plan
Compatibility with Adjacent
i Zoning and Uses
Environmental
Considerations
RECOMMENDATION
Staff
Appeals Commission
Planning Commission
Author - 1�/dn
STAFF REPORT
Community Development Department
Appeals Commission Date
Planning Commission Date: June 23, 1993
City Council Date : July 6, 1993
ul l
SP 4�93-]0
Steve Witzel
To allow outdoor storage of materials and equipment.
505 Fairmont Street N.E.
6,600 square feet
C-1, Local Business
Office/storage
C-1, Local Business to the East; R-1, Single Family Dwelling
to the North, South, and West.
Retail to the East; Residential to the North, South, and West.
Six Cities
Approval with stipulations.
Approval with stipulations.
SP ��93— IO
Steve Witzel
2C LOCATtON MAP
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2D
ZONING MAP
Staff Report
SP #93-10, by Stephen Witzel
Page 2
Request
The petitioner requests that a special use permit be issued to
allow the outdoor storage of materials and equipment. The request
is for Lots 9 and 10, Block I, Riverview Heights, the same being
505 Fairmont Street N.E.
Site
The property is located at the intersection of Fairmont Street and
East River Road. Located on the property is a garage which is used
for office and storage by the petitioner who operates Mobile
Maintenance. The property is zoned C-1, Local Business, as are the
properties to the east. The property to the north, south, and west
is zoned R-1, Single Family Dwelling. ,
Analysis
The petitioner purchased the property several years ago in order
to use the existing structure on site as an office and storage for
his business, Mobile Maintenance. The petitioner repairs mobile
homes at their site and bases his operation out of the subject
parcel.
The petitioner has over the last several years constructed a
storage area to the west and north of the structure on the site.
Located within the storage area is the petitioner's boat, an RV,
a dumpster, and a variety of 55 gallon drums which are used for
recycling. In addition, work trailers with a variety of building
materials are sometimes stored within the storage area, but more
often are stored in the front yard.
In the past, the City has required that all storage yards have
hardsurface and concrete curb and gutter around their perimeter.
The petitioner will also be required to install a hardsurface
driveway from the storage area to the westerly curb cut on Fairmont
Street. The petitioner should also provide landscaping on site to
increase the amount of green area on the site. The petitioner has
constructed an eight foot high screening fence along the south and
west sides of the storage area. The petitioner is in the process
of completing this screening fence along the north property line.
The storage area should only be used to store materials and
equipment directly related to Mobile Maintenance. Other materials
should be relocated to other sites.
Recommendation
Staff recommends that the Planning Commission recommend approval
of the special use permit request with the following stipulations:
2E
Staff Report
SP #93-10, by Stephen Witzel
Page 3
1. The screening fence shall be completed along the north
property line by August 1, 1993.
2. The petitioner shall provide hardsurface and concrete curb and
gutter for the storage area by July l, 1994. The petitioner
shall also install a hardsurface driveway from the storage
area to the westerly curb cut by July 1, 1994.
3. The petitioner shall install landscaping between the two curb
cuts on Fairmont Street.
4. The storage area shall be used to store materials and
equipment which are directly related to Mobile Maintenance.
5. There shall be no exterior storage of materials and equipment
outside of the storage area.
6. The petitioner shall submit the proposed paving plan to the
Engineering Department and comply with recommended
stipulations.
Planning Commission Action
The Planning Commission voted unanimously to recommend approval of
the request to the City Council with the following stipulations:
1. The screening fence shall be completed along the north
property line by August 1, 1993.
2. The petitioner shall install landscaping between the two curb
cuts on Fairmont Street.
3. The storage area shall be used to store materials and
equipment which are directly related to Mobile Maintenance,
and shall not include hazardous chemicals or contaminants or
any vehicles which are not street operable and currently
licensed. The petitioner has until July 1, 1994 to remove the
boat currently located in the storage area.
4. There shall be no exterior storage of materials and equipment
outside of the storage area.
City Council Recommendation
Staff recommends that the City Council approve the special use
permit request with the stipulations proposed by staff.
ZF
Staff Report
SP #93-10, by Stephen Witzel
Page 4
Staff Update
Staff inet with the petitioner on site on July 8, 1993 to discuss
landscaping, paving, and a time table for installation. The
fo�lowing was agreed upon:
� 1. Landscaping will be installed in the existing
planting area adjacent to the driveway into the
building.
2. A green area eight feet wide will be created between
the two curb cuts on Fairmont Street.
3. The screening fence will be completed.
4. The remaining front yard area will be paved by July
1, 1996.
(Items 1-3 will be completed by January 19, 1994).
2G
SP ��93-10
Steve Witzel
H.C. NOIUM AH� ASSOCIATE� I�HC.
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10731 MISSISSIPPI BLVD. N.W., COON RAPIDS, MN
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1 HERE6Y CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUN
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� 15th November ' 90 .
AS SURVEYED BY ME THIS ...................DAY OF .............................................A.D. 1...............
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CITY OF FRIDLEY
' G431 UNIVCRSITY AVCNU� N.E.
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ffi12j591-�45U �OMMUNCTY ��VCLO1'MCNT �EPAR'rMENT ,
S1'�CI�L US� �'��t1VI�T APP�IC,�1'TIO�I �O�tM
PROPERTY TNIr'ORMATION - site plan required for submittal; see attached
,
Address: ___505 Fairmont Street'
Property Identification Number (PIN) R�J33o 2424 0128 -
Legal description: �
LOt q& 1� Block I Tract/Addition �?iverview reights Sub. to Ease.
Current zoning: �- 1 `� Square footageiacreage 6bo� sF
Reason'for special use permi� " •
Section of City Code:
Have you operated a business in a city which required a business license?
Yes No �_ If yes, which city?
If yes, what type of business?
Was that license ever denied or revoked? Yes No � .
FE� OWNER INFORMATION (as it appears on the property title)
(Contract Purchasers: Fee Owners must sign this form prior to processing)
NAME Mrs. Joan Swenson
ADDRESS 2059 28th Ave. N.W.
New sri�hton, � 55112 -' DAYTIME PHONE 636-5380
_ ,z
SIGNATURE
PETITIONER INFORMATION
DATE 5/21/93
NAME Stephen Kenneth Witzel
ADDRESS_ t��A 1(14th AV _ N E
_ R� a� nP, rnv .�5449 DAYTIME PHONE 784-7710
SIGNATURE
Fee: $200.00 _�_ $100.00 _.
Permit SP # � R�
Application received by: �
Scheduled Planning Commission date:
Scheduled City Council date:
DATE 5/21/93
for residential2nd accessory buildings �
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Community Development Department
P G DrviSION
City of Fridley
DATE: July 15, 1993 �x•
� i"
To: William Burns, City Manager �
h�1�����u�
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SU&TECT: Second Reading of an Ordinance Approving a
Vacation Request, SAV #93-02, by Anderson
Trucking Service, Inc..; 7699 Central Avenue
N.E.
The City Council approved the first reading of the attached
ordinance vacating the drainage and utility easements in the
Anderson Development plat at the July 6, 1993 meeting. Staff
recommends that the City Council approve the second and final
reading of the attached ordinance.
MM/dn
M-93-411
ORDINANCE NO.
AN ORDINANCL IINDER SECTION 12.07 OF TH8 CITY
CHARTER TO VACATE STREETS AND ALLEYB. AND TO
AMTsND APPENDI% C OF THE CITY CODE
The City Council of the City of Fridley does hereby ordain as
follows:
SECTION 1. To vacate drainage and utility easements described
as follows:
A. The South 15 feet of Lot l, Block 2, except the
East 20 feet thereof.
B. The South 15 feet of Lot 2, Block 1.
C. The South 15 feet of Lot 3, Block 1,
except the West 15 feet thereof.
D. The North 10 feet of Lot 4, Block 1,
except the East 30 feet thereof.
E. That part of the West 6 feet of Lot 4,
Block 1, lying north of a line 450 feet
south of, as measured at right angles to,
the North line of said Block 1.
F. That part of the East 6 feet of Lot 5,
Block 1, adjacent to and west of Lot 4,
said Block l, lying north of a line 450
feet south of, as measured at right angles
to, the North line of said Block i.
G. The North 10 feet of that part of Lot 5,
Block 1, adjacent to and south of Lots 1,
2, and 3, said Block 1.
H. That part of the East 10 feet of the West
25 feet of Lot 5, Block 1, lying north of
a line 450 feet south of, as measured at
right angles to, the North line of said
Block l.
This property is generally located at 7699 Central
Avenue N.E.
All lying within the plat of Anderson Development
located in the North Half of Section 12, T-30, R-
24, City of Fridley, County of Anoka, Minnesota.
3A
Page 2 - Ordinance No.
SECTION 2. The said vacation has been made in conformance with
Minnesota Statutes and pursuant to Section 12.07 of
the City Charter and Appendix C of the City Code
shall be so amended.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1993.
ATTEST:
WILLIAM A. CHAMPA, CITY CLERK
Public Hearing: July 6, 1993
First Reading: July 6, 1993
Second Reading:
Publication:
:
WILLIAM J. NEE - MAYOR
� _
�
.
Community Development Department
PI.ANIVING DIVISION
City of Fridley
DATE: July 15, 1993 ��
TO: William Burns, City Manager ��
FROM:
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT: Second Reading of an Ordinance Approving
Vacation Request, SAV #90-02, by the City of
Fridley; Genera�ly Located North of Lafayette
Street and South of Mississippi Boulevard
The City Council approved the first reading of the attached
ordinance at the July 6, 1993 meeting. The City Council directed
staff to confirm with Anoka County that all of the vacated right-
of-way would accrue to adjacent Lot 26 prior to second and final
reading of the ordinance.
The City Attorney researched if all of vacated Broad Avenue would
accrue to Lot 26. His investigation revealed that it would, if the
original property owner, Provident Realty Company, did not own the
property to the west located in Coon Rapids. Hr. Herrick requires
additional time to have a title company verify property records at
the time of platting Riverview Heights.
Staff recommends that the�City Council table the second and final
reading of the attached ordiriance to August 2, 1993.
MM/dn
M-93-412
Jl� 14 '93 11�32 BARNA GUZY & STEFFENGER
a�oer•.�2't'a. ctm
BEltldAit3� E. STEFFE2�!
R[CiIARD A. MERRit.L
DA1t1�E1.L.'+. )Et�lSEN
JEFFREY S. JOi-INSON
m 7SCF7 T H. CRIDWDI'A
}ON P. ERiCXSUN
LAWRENCE iZ JOkINSOtJ'
DAVm A. Gi7S51
THOlv1AS P. MAC:C�NE
buCHAEL F.' HUttIEY
�liAR(>N C. HA[L
VIAGIL G i�RFICK
HERMAN L. TAi.i.E
MII�I4 Ta :
MEMQ FROM:
SUHJECT:
DATE:
Barna, Guz�r & Steffe�, �.�d.
A'C70RNEYS AT LA�fV
Q-00 Northtown Financial Piaza
Z� f.`OOA R.2�?1C�5 PiC�Ul�v'ai'd
Ivlinn.e:apalis, MN 55433
(612) ?84-8500 �AX (61.2) �80-1777
.. :,,.. -�.,�� �1��
Barbara IIacy
Community D�velopmextt��Direc�or
virgil C. Hexrick
city At�orney
V�cation of a gortion o� B�oad Aven�,e
,7uly 14 , 1993
P.2
r�u�c�
CHARLES M. SEYKOitA
WILLiAM M. HAN�1
AANIEL. D� GANTER, jK.
SEVERLY K. DODC'.E
C;RECG V. tiEitRCCK
je�MES R HOE�'C
JOAN M.'Ql)AD8
SC�Y'Y'M.lFPAK
$T�1/EN L lvtAGKEY
4AVIDM WEIGEL • .
Ri�BEC.T C. HYNES
t935d993
You h�ve �dvised me that a pertion of 'Hroad Avenue lyir�g "r�orth of
Lafayette Street is pzopased to be vaca�ed. Xau have asked �t}e
question: . �
If this ri.ghtro£-way is vacated who wau].d receive' the
underlyi�g property'� �
Based upan �he infor�aaatian that you have gravid�d�, � it
ut�derstanding that Bro�d Averitie was created as a g�r'�
�ti.verv3.e� Hexghts Plat. The area �o be vacated �s at
westerly edge c�f the �P�.at and has lots ad j��ent to it
sid�. No partion af Riverview� Heights is ad�aeent ta
ease�ent an the west side.
. .
�.� :my .
C►� �the .
the .
on �the east
the � street
As yau a�e a,ware, the creatian of a street r.ight-a�-way Yiy a plat
g�ants to the City only an �a;s�ment and nat fee title to t.he area
under �lae x�.c�h�lof--way. The general rule is that the adjacent
Iot owners owri f�e ��.t].e to the middle of the raad, suiaject ta
the xiqht af the municipality ta aons�ruct a stxeet ove� that
part�.an that is subject ta the easement. If th� City vacates the
ea�ement� the praperty owner would continue ta cwn the fee ti�le
but �he property would no longer }� subjec� to an easement for
stx'eet purposes. ,
An exception exists where th� c�ar�tc�r (a.n this case the 'persa�
that�platted Riverview Hei.gkxtsj awned land up ta and inClud�ng
the stxeet, but n,c�t 2zrnd on the other s�.de o€ the stree�. In the
case of �h,e exaepti�on, �he vacated right-of-way would revert to
the adjoining propertp awriers wha taok tit2e from the persan�who
pla�ted Rive�v�.�w Heights and the�.r �uccessors or g�'antee$.
•�
n., Ey„at nq�rc�ry Emntcv�T
�
SUL 14 '93 11�32 BARNA GUZY & STEFFENGER
P.3
�arb�ara Dacy � . . � �
M�morandwn � . � � . . . . . , • • .
` JLtI� 14 1�93 ' �� ' . ; .
. � . F�ge � �'wo � � . . � � : ,
� I have bee.n adva.s�d tha�.Riverv�sew�Heights was platted an August
� 3, ��, 4 2 2 I�y� � Pravident R��,It�y Cam�any .� Z f�• Pravident R�aa lty Com,p�any ..
� did .not o� the ls�nd d�..rectlg� w�est of �Broad Avenu� a� the tim� of
the plat� it is clear that all ot the.8road Avenue vaca�ion would
revert to �he lo� di.rectly eas.� of the vaca�ed r�ight�oP-way. • .
WiYiZe it is �unli�kely th�t Fravi�lent Realty Comgaxrg owried the� l.and
ta �the west, I believe that iza� orc�er ta be� car�ain we shpuld ..�
check the awne�sh�.p recardr ot� that praperty�. �nfort,unately, ..
tlzis i� a son�ewhat diffiault job because the tract index for
Anaka Caunty, Minnesota o�tly goes�back to abou��1960.
It is'my suggest�.an that the Council can proceed with the •�' �
vacat�an on first reading. By the tim� the second readfng �.
accukrs, I wi�.l hav� the in�arm,at�ion as to whether Pravident
Realty Campany awned the p�c�pex�y adj acerit ta 8�o�,d Avenue on� the
Wes� or in Coon Rapids, Minnesota.
� �� �at� ha�e any qu�:stians, t�ive� me a cail� . .
, . ..
; ... ..
,�
ORDINANCE NO.
AN ORDINANCE IINDER SECTTON 12.07 OF THE CITY
CHARTER TO VACATE BTREETB AND ALLEYS AND TO
AMEND APPENDIX C OF THE CITY CODE
The City Council of the City of Fridley does hereby ordain as
follows:
SECTION 1. To vacate that part of Broad Avenue lying north of
the westerly extension of the southeast line of Lot
26, Block C, Riverview Heights, and lying southerly
of the westerly extension of the northwest line of
said Lot 26, Block C, Riverview Heights, generally
located north of Lafayette Street and south of
Mississippi Boulevard.
All lying in the North Half of Section 3, T-30, R-
24, City of Fridley, County af Anoka, Minnesota.
Be and is hereby vacated.
SECTION 2. The said vacation has been made in conformance with
Minnesota Statutes and pursuant to Section 12.07 of
the City Charter and Appendix C of the City Code
shall be so amended.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1993.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
WILLIAM J. NEE - MAYOR
Public Hearing: May 3, 1993
First Reading: July 6, 1993
Second Reading:
Publication:
4C
SAV 4�90-02
City of Fridley
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0
DATE July 16, 1993 ,
FROM �Puty Director Sa2lman
SUBJECT
� � �• �• �•
. � a ,
MEMORANDUM
Bill Burns
Attached for Council c�onsideration is the Animal Control Contract renewal
for August 1, 1993 through Juiy 31, 1994 with Skyline Vet�erinary Hospital.
The current contract calls for $I165 per nanth. Skyline has agreed to
a m�nthly fee of $1200 which is an approximate 3� increase over the c�?.rrent
contract. The average ironthly intake of ani:mals has remained a fairly
consistent 30 animals per m�nth.
Skyline returns license and boarding fees to the City fr�n awners who
retrieve animals.
Skyline has provided excellent service to the City of Fridley. The location
provides a convenience for both citizens of Fridley and staff. The avail-
ability of in-house veterinary staff makes Skyline highly efficient in
service and cost to the City.
Skyline has actually requested a 5� increase, but has agreed to the increase
listed above. Cr�nation costs plus market value of this service are cited
as reasons for the increase.
Council approval of the oontract renewal is rec�[�nded by Police Department
staff.
DHS/nl
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Arnr�,L cox�rROL corrrx�cT
This contract, made and entered into this 19th day of July, 1993
by and between the Skyline Veterinary Hospital, 6220 Highway 65
N.E., Fridley, Minnesota 55432, hereinafter referred to as "animal
shelter" and the City of Fridley, a municipal corporation, 6431
University Avenue, Fridley, Minnesota 55432, hereinafter referred
to as "city". .
I. TERM •
The term of this contract shall be from August 1, 1993
through July 31, 1994.
II. ANIMAL SHELTER SERVICES
The city agrees to purchase and the animal shelter agrees
to furnish the following servicesz
l. Shelter for animal drop-offs on a 24-hour basis.
2. Animal examinations and veterinarZr care as required
during normal business hours.
3. Boarding up to five regular busYness days. After
five regular business days the city shall have no
right or interest in such animals.
4. Euthanasia and disposal if required due to serious
injury, illness, or after five regular business
days.
5.
6.
Receiving and disposing of dead animals delivered
by the city.
Upon request, train city animal control officers in
safe and humane handling and apprehension of
animals.
7. Keep accurate records of all animals impounded,
boarded, and destroyed, pursuant to this agreement
and furnish monthly statements to the city.
8. Keep the animal shelter open during normal business
hours of the Skyline Veterinary Hospital and not
less than normal business hours of the city.
9. The animal shelter, during normal business hours,
shall be open for inspection by the city or it's
agents.
10. Collect lic.ense fees from owners who retrieve
. �
animals not currently licensed and return fees to
the city.
11. Collect boarding fees at $9.00 per day, per animal
from owners who retrieve animals and return fees to
the city.
12. Hold any impounded animal being reclaimed until
proof of applicable current licensing and rabies
vaccine is produced.
13. Serve as animal co�trol officers for the city, as
defined in Fridley City Code Chapter 101, and as
applicable tD the operation of the animal shelter.
III. CITY RESPONSIBILITY
Aiter normal business hours, the city will transport any
injured animals that are in a life threatening condition
to the Affiliated Emergency Veterinary Services, at no
cost to the animal shelter. After treatment and release,
the city will transport the animal to the animal shelter.
IV. COMPLIANCE WITH LAWS
In providing all services pursuant to this contract, the
animal shelter shall abide by all statutes, ordinances,
rules and regulations pertaining to or regulating the
provision of such services.
V. AUDIT DISCLOSURE AND RETENTION OF RECORDS
The animal shelter agrees to make available to duly
authorized representatives of the city and either the
legislative auditor or the state auditor for the purpose
of audit examination , any books, documents, papers, and
records of the animal shelter that are pertinent to the
animal shelter's provision of service hereunder. The
animal shelter further agrees to maintain all such
required records for three years after receipt of final
payment and the closing of all other related matters.
VI. ANIMAL SHELTER RESPONSIBILITIES AND INSURANCE
The animal shelter shall be responsible for all damages,
harm or illness suffered by the animaZs under its care
and in its custody which may be due to the negligence of
the animal shelter. Said animal shelter shall save the
city harmless from any damages, costs, actions or causes
or action, or claims made against the city for any harm,
losses, damages, or expens�s on account of bodily injury,
sickness, disease, improper disposition, death and
property damage resulting from the animal shelter's
operation.
The animal shelter shall procure and keep in fuil force
comprehensive generaZ liability insurance in the amount
of not less than $100,000 and $350,000 to safeguard and
. :
VII.
indemnify the
aforementioned.
the City� Clerk.
COMPENSATION
city for any of the occurrences
Such insurance policy must be filed with
1. The city shall pay the animal shelter the sum of
$1,200 per month for services stated in this
contract. Said sum shall be paid on or about the
last day of the month, or within thirty (30) days
after submission of the monthly claims, by the
animal shelter. .
2. The animal shelter may charge and retain customary
veterinary fees including rabies vaccine from owners
of reclaimed animals.
VIII. EARLY TERMINATION
This eontract may be:terminated by either party, with or
without cause upon thirty (30) days written notice,
delivered by United States mail or in person, to the
other party. For purposes of such notice, the address of
the animal shelter is:
Skyline Veterinary Hospital
6220 Highway 65 N.E.
Fridley, MN 55432
and the address of the city is:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
IX. MODIFICATIONS
Any material alterations, modifications or variations of
the terms of this contract shall be valid and enforceable
only when they have been reduced to writing as an
amendment and signed by the parties.
X. ENTIRE AGREEMENT
It is understood and agreed by the parties that the
entire agreements of the parties are contained herein and
that the contract supercedes all oral agreements and
negotiations between the parties relating to the subject
matter hereof as well as any previous agresments
presently in effect between the animal shelter and the
city relating to the subject matter hereof. The parties
hereto revoke any prior oral or written agreement between
themselves and hereby agree that this contract is the
only and complete agreement regarding the subject hereof.
sC
ANIMAL SHELTER
By:
Tit
Dat
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Title:
Date:
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CITY
BY=
Title:
Date:
Title:
Date:
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I
Community Development Department
HOUSING AND REDEVELOPMENT AUTHORITY
City of Fridley
DATE: July 15, 1993
��.
TO: William Burns, City Manager �
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Grant Fernelius, Housing Coordinator
Contract for Administration of Home Improvement
Grant Program
Proposed for Council approval is the first of two agreements
between the City of Fridley and Anoka County Community Action
Program, Inc. (ACCAP) for joint administration of the Home
Improvement Grant Program. A summary of the grant program is
attached.
ACCAP has agreed to process applications after the pre-screening
process has been completed. ACCAP will provide the following
services:
1. Property inspections.
2.
3.
4.
5.
6.
7.
Prepare bid specifications.
Compile and maintain list of participating rehabilitation
contractors.
Assist the homeowner in obtaining bids and selecting a
contractor.
Monitor wor}c progress and mediate any contractor/homeowner
disputes.
File all lien documents.
Conduct final inspections and p�y contractors.
The reason for two agreements is the fact that funding will come
from both the Community Development Block Grant (CDBG) and HOME
Investment Partnerships programs. Originally, all of the funds
were to be provided through the FY 1991, 1992, and 1993 CDBG
programs. However, the County has reallocated the 1993 CDBG funds
�
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Contract for Administration of
Home Improvement Grant Program
July 15, 1993
Page 2
and will substitute 1992 HOME funds instead. A memo from Anoka
County describing the reasons for the switch is attached.
The first agreement only covers the FY 1991 and 1992 CDBG funds.
A copy of this agreement is also attached.
Recommendation
Staff recommends that the City Council approve the service contract
between the City of Fridley and ACCAP for administration of the
Home Improvement Grant Program, with funding provided under the FY
1991 and 1992 CDBG programs.
GF/dn
M-93-380
7A
Summary of Housinq Rehabilitation Proqrams
Features Home Improvement Grant Proqram
Type of Assistance Deferred Payment Grant
Source of Funds Community Development Block Grant and HOME
Investment Partnerships Programs
Use of Funds Code Repairs, Handicapped Accessibility and
Energy Efficiency
Maximum Grant Amount Up to $11,000
Interest Rate & Term Zero, grant does not have to be repaid unless
owner sells home or moves during ten year
term. If the owner should move or sell
during this time, repayment would be based on
the following schedule:
Years 1- 5 10� of grant amount reduced
each year.
Years 6- 10, 50� of grant must be paid back
Income Limit 1 Person $9,688
2 Persons $12,644
3 Persons $15,620
4 Persons $18,832 �
5 Persons $22,044
6 Persons $25,260
7 Persons $28,472
8 Persons $31,684
Figures reflect gross income minus $750/ea.
for the lst and 2nd resident over age 18,
and $500 for add'1 resident.
Other Criteria Must be current on mortgage or contract for
deed payments and real estate taxes,
Eligible Properties Owner-occupied, 1-2 unit
Monthly Payments None
Mortgage Requirement Ten year lien
Extra HRA Assistance $0
I� •�
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Post-ItTM brand fax transmittai memo
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MEMD TO:
FROM:
RE:
x ct pa9� ,
� -rjY oF A�voKa
o.vnty CommunTty Development 6/ock G�e»t
i
GOVERN(u1ENT CENTER
oka, Min�esota 55303-2489 •(6 i 2) 323-5709
.._.-- Ju�y 7. 1993
lnte�gove�nmentat and Community Relations Committes
_ /
JoAnn O. Wright, Cammunity �evetopment Manager 'i±�✓
Request From ACCAP For a COBG/HOME Funds T�ade J
Anoka County Commurtity Action Program has requested modified use af the 1992 HOME
Funds that were awarded to that agency for a Sir�gfe-Room Occupancy project from the �7 992
HOME P�ogram. Anaka County approved an ailocation o# $185,000 fof the acquisition and/o�
rehabilitation of a buiJding suitable for affardable housing of low income sin4le aduits.
ACCAP located a 22 unit buitding in the Ci#y of Calumbia Heights that will meet the affordable
housing goai. Howeve�, the totat fu�ding available far the project is short of what is requiret!
ta complete the necessary repairs. MHFA has Rental Rehabilitartion Program funds that are
not yet allocated, but they cannot be used together with tiie HOME Program. Therefore,
ACCAP is propos�ng rhat they use the 8185,004 originally a1lo�atecS to the SR4 project frpm
the HOME Prog�am to complete singte family �ehabil'nation in exchange for Anoka County
redistributin� the same amaunt from ths 1993 C�RC housing rehab program to the SRO
project. This actio� would provide for the following:
7.
2.
ACCAP could use tfie MHFA Renta) Rehabilitstion funds to make up the project
shortfall. .
There wouid be no change in the total dollars dedicated ta single family rehabifitatio�
in Anoka County, only a change in sources. ' �
3. ACCAP would continue its. rote as the Anoka Caunty "Community Housing
Deveiopment Organization" tCHDO) in the 1992 program {importa�t fOr meeting HUQ
requirements).
4. Ru(es applied to the Single Famiiy RehabiEitatian activity woufd be camparable under.
the two different programs. The HOME Pragr�m does have a limitation on after-rehah
value of the property of 5107,000. This should not be a p�oblem.
The aceas where the adjustments wauld be made are in the Fridley and Anoka set-asides
because the totals for rehab budgets woutd wo�k best th�re. Both cities have beett contacted
regarding this proposed change.
JOW:sw
AiA�mative Ac#on / Equa! Opportunity Empbyer
%\i
* * * Equal Opporiunity Employer * * *
SERVICE CONTRACT
ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC.
THIS AGREEMENT, made this day of , 19 , the date of the signatures of the
parties herein notwithstanding, by and between the City of Fridley, a public body corporate and politic under
the laws of the State of Minnesota (hereinafterrefened to as the "Cit}r'), and the Anoka County Community
Action Program, Incorporated, a Minnesota corporation, with its of6ces at 1201 - 89th Avenue N.E., Blaine,
Minnesota 55434 (hereinafter referred to as the "Contractor").
WITNESSETH THAT:
WHEREAS, Title II of the Housing and Community Development Act of 1974, as amended, provides for a
program of Community Development Block Grants; and
WHEREAS, the City of Fridley has submitted an application for receipt of said funds; and
WHEREAS, said application has received approval by the United States Department of Housing and Urban
Development for the expenditureof said funds for, in part, deliveryof the Fridley Home Improvemeni Grant
Program in the City of Fridley; and
WHEREAS, the Coatractor has agreed to jointly administer said programs for the City, which proposal has
been accepted by the City.
NOW, THEREFORF., in consideration of ihe mutual covenants contained herein, the parties agree as follows:
1. TERM
The project to be accomplished by the Contractor hereunder shall be from _ , 19 and
shaU be completed at the earliest possible date and in any event not later than ,
19 , unless earlier terminated as provided herein, or until all obligations set forth in this agreement have
been satisfactorily fuifilled, whichever occurs first.
2. SERVICES TO BE PROVIDED
A. The Contractor shall do everything necessary to insure the proper administration of the
Fridley Home Improvement Grant Program (hereinafter referred to as the "Program") as
approved by the U.S. Department of Housing and Urban Development (hereiaafter referred
to as "HUD").
In accomplishing said project, the Contractor agrees to furnish, during the terms of ihis
agreement, the following services:
(1) Conduct property inspections and prepare bid specifications for work to be
performed.
(2) Advertise for bids.
(3) Assist property owner to award work to construction contractor.
7D
Page 2
(4) Insure oonstruction oontractor oompliance with the applicable HLID regulations.
(5) Monitor performance of construction c�ntractor work.
(6) File/record necessary lien documents.
(7) Conduct final inspectiqn of work completed
B. In addition to the processing steps outlined above, the Contractor shall perform the following
duties:
(1) Compile and maintain lists of participating construction contractors.
(2) Comply with the Housing Rehabilitation Procedures Guide.
(3) Provide the City of Fridley with monthly reports as required on forms provided by
the City.
(4) Make payments to contractors on a timely basis, in compliance with the Federal
"three-day rule".
(5) Acquire mechanic's liens from all suboontractors and material suppliers.
C. In addition, the Contractor shall proceed with the administration of the Program as contained
in the Program Budget, attached as Exhibit A and made a part of this contract by reference,
representing Contractor's minimum responsibilitiesto the extent that said proposals have not
been accomplished prior to the date of this Contract as entered into and to the extent said
proposals do not contradict the standards and requirements refened to above.
D. It shall be the responsibility of the Contractor to meet all standards and satisfy all
requirements expressed in Title I of the Housing and Community Development Act of 1974
as amended and the HUD Implementary Regulations at 24 CFR, Part 570, and any other
applicable federal statutes, rules, or regulations established now or hereafter, and any
applicable statutes, rules, regulations, or guidelines established now or hereafter by the State
of Minnesota or any of its agencies. Should it appear to the Contractor at any time during
the course of implementing said project, that the work to be done has not been explained
or described in suf�cient detail, or with suf�cient clarity, or should it appear that any plan,
proposal, or other material conflict with any standards or requirements imposed by statute,
regulation, or HUD, the Contractor shall promptly apply to the City's designated
representative, Grant Fernelius. In no event shall the Contractor proceed with administration
of said project in uncertainty. The Contractor shall comply with the following requirements
and standards of OMB Circular No. A-122, "�ost Principles for Non Pro�t Organizations"
or OMB Circular No. A-21, "Cost Principles for Educational Institutions", as applicabie, and
with the foliowing Attachments to OMB Circular No. A-110:
(i) Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit
insurance;
(2) Attachment B, "Bonding and Insurance';
7E
Page 3
(3) Attachment C, "Retention and Custodial Requirements for Records", excepi thai in
lieu of the provisions of paragaph 4, the retention period for records pertaining to
individuai CDBG activities starts from the date of submission of the annual
performance and evaluation report, as prescn'bed in 570507, ia which the specific
activity is reported on for the �nal time;
(4) Attachment F, "Standards for Financial Management Systems";
(5) Attachment H, "Monitoring and Reporting Program Performance", paragraph 2;
(6) Attachment N, "Property ManagementStandards", except for paragraph 3 conceming
the standards for real property, and except that paragraphs 6 and 7 are so modified
so that
(i) In all cases in which personal property is sold, the proceeds shall be program
income, and
(ii) Personal property not needed by the subrecipient for CDBG activities shall
be transfened to the recipient for the CDBG program or shall be retained
after compensating the recipient; and
('� Attachment O, "Procurement Standards".
3. PROTECT METHODOLOGY AND PROCEDURE
The Contractor, in providing the services described in Section 2 of this Contract, shall employ methods and
procedures that are deemed to be appropriate, reliable, and professional by individuals, firms, and associations
regularly engaged in work of a similar nature. The methods and procedures employed shall include those
required by the sources of authority speci�ed in Section 2, herein, but shall not necessarity be limited to such
methods and procedures.
4. PROJECT EVALUATION AND ACCEPTANCE
In order that the City may be kept informed of the Contractor's progress, may proQerly evaluate the success
of the Contractor in achieving the Contract goals, and may make suggestions, criticisms, and recommendations
to the Contractor, the Contractor shall on a monthly basis aad at other times upon request by the City, send
a written progress report to the City's designated representative, Grant Fernelius. Said report shall:
Summarize the activities and progress of the Contractor to date, detailing special problems or difficulties that
have arisen during the course of the project which needs to be brought to the attention of the City and
summarizing any other information, problems, or proposals which the City needs to know in order to properly
evaluate the actions of the Contractor in working towards the Contract goal. The Contractor shall thoroughly
and conscientiously implement the proposals, recommendations, and criticisms of the City's designated
representative, Grant Fernelius, or others designated by Grant Fernelius, in writing, before proceeding further
with the implementation of the progam so that the goals of this Contract may be met to the satisfaction of
the City. Any deviations from the goals, standards, and requirements of the project as determined by said
designated representativesof the City shall be corrected by the Contractor before proceeding further with the
implementation of said project.
7F
Page 4
5. PROJECT ADMINISTRATION. PERSONNEL. AND RECORDS
A. The Contractor shall engage in the implementation of the Program, such individuals as are
necessary for its proper completion. The Contractor wanants and represents that all of said
individuals shall be properly trained, and shall be competent and qualified to perform the
tasks assigned to them. The Contractor shall provide the City with such information
regarding the quali�cationsof said individuals as is required by the City to verify that present
and subsequent services are being rendered by competent and trained people. All individuals
engaged by ihe Contractor to perform services uncler this Contract must recefve express
approval of the Ciiy before oommencing any sen+ices under the Contract. Any or all of said
individuals may be regular emp(oyees of t6e Contractor or may be specifically emptoyed by
the Contractor as independent contractors to work on the imptementation of said project.
However, the Contractor shall not subcontract with any other firms, associations, consulting
agencies, or other organizations for the implementation of the Program, without the
expressed written consent of the City.
B. The Contractor shall maintain records on all individuals employed by it in the implementation
of the Program. Said records shall show the name and quali�icationsof each sttch individual,
the hourly rate of pay for each such individual, and the number of hours worked by each such
individual, and the days on which such hours were worked. The Contractor shall also
maintain, and complete in conect form, all other .records required by ihe rules, regulations,
or guidelines of HUD or by Title I of the Housing and Community Devetopment Act of 1974
as amended and the HUD Implementary Regulations at 24 CFR, Part 570. The Contractor
further agrees to maintain all such required records for three years after receipt of final
payment and aU other pending matters are closed.
6. DATA PRIVACY
All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of
the Contractor performance of this Agreement is govemed by the Minnesota Govemment Data Practices Act,
Minnesota Statutes 1984, Section 13.01 et. seq. or any other applicable State statutes and any State rules
adopted to implement the Act, as well as State statutes and Federal regulations on data privacy. The
Coniractor agrees to abide by these statutes, rules, and regulations and as they may be amended.
7. N01�1DISCRIMINATION
A. General
The Contractor shall comply with all federal, state, and (ocal laws prohibiting discrimination on the
basis of age, sex, marital status, race, creed, color, national origin, sexual orientation, or the presence
of any sensory, mental, or physical handicap or any other basis now or hereafter prohibited by Law.
These requirements are specified in Seciion 109 of the Housing and Community Developmeni Act
of 1974; Civil Rights Act of 1964, Title V[; Civil Rights Act of 1968, Title VIII; Cxecutive Order
11063; Executive Order 11246; Section 3 of the Housing and Urban Development Act of 1968; and
Minnesota Statutes Chapter 363. Speci�cally, the Contractor is prohibited from taking any
discriminatory actions defined in the HUD Regutations at 24 CFR 570.602(b) (1-3) and shal( take
such affrmative and corrective actions as are required by the Regulations at CFR 570.602(b)(4).
These requirements are summarized in the following paragraphs:
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B. Pro�ram Benefit
The Contractor shall not discriminate against any resident of the project service area by denying
benefit from or participation in any block grant funded activity on the basis of race, color, sex, or
national origin. (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VII; Section 109,
Housing and Community Development Act of 1974).
C. Fair HousinQ
The Contractor shall take necessary and appropriate actions to prevent discrimination on the basis
of Minnesota State law or federal law in federally assisted housing and lending practices related to
loans insured or guaranteed by the federal govemment. (Civil Rights Act of 1968, Title VII;
Executive Order 11063; Minnesota Statutes Chapter 363).
D. Employment
1. In all solicitations under this Agreement, the Contractor shall siate that all qualified
applicants will be considered for employmeat. The words "equal opportunity
employer" in advertisements shall constitute compliance with this section.
2. The Contractor shall not discriminate against an employee or applicant for
employment in connection with this Agreement because of age, marital status, race,
creed, color, national origin, se�al orientation, or the presence of any sensory,
mental, or physical handicap, except when there is a bona fide occupational
limitation. Such action shall include, but not be limited to the following.
Employment, upgrading, demotionor transfer, recruitmentor recruitmentadvertising,
layoff or termination, rates of pay or other forms of oompensation, and selection for
training. (Executive Order 11246 as amended and Minnesota Statutes Chapter 363.)
3. To the greates[ extent feasible,the Contractor shall provide trainingand employment
opportunities for lower income residents within the area seryed by block grant
assisted projects (Section 3, Housing and Community Development Act of 1968, as
amended).
E. Contractors and Suppliers
1. No contractor, subcontractor, union, or vendor engaged in any activity under this
Agreement shall discriminate in the sale of materiais, equipment, or iabor on the
basis of age, sex, marital status, race, creed, color, national origin, sexual orientation,
or the presence of any sensory, mental, or physical handicap. Such practices include
upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and
advertisement for employment. {Executive Order 11246 as amended and Minnesota
Statutes Chapter 363).
2. All firms and organizations described above shall be required to submit to the
Agency certi�catesof compliance demonstrating that they have, in fact, complied with
the foregoing provisions; provided, that certificates of compliance shall not be
required from firms and orgaaizations on contracts and/or yearly sales of less than
$10,000.
7H
Page 6
3. To the greatest extent feasible, the Contractor shall purchase supplies and services
for activities under this agreement from vendors and oontractors whose businesses
are located in the area served by block grant funded activitiesor owned in substantial
part by project area residents. (Section 3, Housing and Community Development
Act of 1968, as amended.)
F. Notice
l. The Contractor shall include the provisions of the apprapriate subsections A, B, C,
D, and E of this section in every contract or purchase order for goods and services
under this Ag�eement and shall send to each labor union or representativeof workers
with which it has a collective bargaining ageement or other contract or
understanding a notice advising the said labor union or worker's representative of
the commitments made in these subsections.
2. In advertising for employees, goods, or services for activities under this Agreement,
the Contractor shall utilize minority publications in addition to publicationsof general
circulation.
8. EARLY TERMINATION
This Agreement may be terminated by the City at any time, with or without cause, upon 30 days written
notice, delivered by mail or in person, to the Contractor. 'T6is Agreement may be terminated by the City
immediately upon the receipt by the City of notice of the loss of federal funding for the Community
Development Block Grant Program (CDBG). For purposes of giving notices hereunder, the address of the
Contractor is 1?A1 - 89th Avenue N.E., Blaine, MN 55434. Upon termination, the Contractor shall be
entitled to receive as compensation, payment for work actually performed to the date of termination as
determined by the schedule of payment referred to in Section 10 (Compensation).
9. DEFAULT AND REMEDY
A. Any of the following constitutes a deEault on the part of the Contractor:
(1) . Failure to proceed with the implementation of the Program at a pace reasonably
calculated to implement such program within the time limits stated herein;
(2) Failure to conscientiously abide by the criticisms, proposals, and recommendations
of the City;
(3) Failure to abide by any other term or condition of this Contract.
B. In the event of default, the City shall have the option of terminating this Contract upon
wriiten notice of termination sent to the Contractor at its address written above. Termination
shall be effective immediately upon receipt of notice of termination by the Contractor, or at
such later date as the written notice shall state. Upon termination, the City may recover from
the Contractor any and all damages directly or consequently arising out of the breach of this
contract or failure to perform the same by the Contractor.
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Page 7
10. COMPENSATION
As complete compensation for the services to be performed hereunder by ihe Contractor, the City shall
reimburse the Contractor monthly, on a cost basis, for the necessary services provided by the Contractor
pursuant to Section 2 of this contract. In no event shall the total payment exceed the greater of the sum of
$7,843.04 or 10% of the total CDBG housing rehabilitation funds to be administered under the Program.
Payment by the City shall be by mail and sent to the aforementioned address of the Contractor within fifteen
(15) working days of billing by the Contractor and only upon receipt of a billing statement from the
Contractor containing such information as the City shall require. The Contractor agrees that all compensation
received from the City will be used to compensate the Contractor only for costs incuned in providing
necessary services hereunder, and for no other purposes. Any compensation received by the Contractor in
excess of said necessary costs shall be promptly refunded to the City upon termination of this contract or
upon ciemand by the City.
11. INDEPENDENT CONTRAGTOR
The relationship of the Contractor to the City is that of an independent contractor. Nothing in this Contract
shall be construed so as to deem any employee or agent of the Contractor an employee of the City for any
purpose.
12. GOODS AND SERVICES NOT PROVTDED FOR
No claim for goods or services furnished by the Contractor not provided for by the terms of this Contract,
or by duly authorized alterations or modifications of this Contract, will be honored by the City.
13. CHANGES IN THE CONTRACT
The City shall notify the Contractor in writing at least five days before any change in this Contract is to take
effect.
14. ASSIGNMENTS AND SUBCONTRACTING
A. The Contractor shall not assign any portion of this Agreement without the written c�onsent
of the City, and it is further agreed that said consent must be sought by the Contractor not
less than �fteen (15) days prior to the date of any proposed assignment.
B. Any work or services assigned or subcontracted hereunder shall be subject to each provision
of this Agreement and proper bidding procedures contained therein. The Contractor agrees
that it is as futly responsible to the City for the acts and omissions of its subcontractors and
of their employees and agents, as it is for the acts and omissions of its own employees and
agents.
15. INDEMNIFICATION
The Contractor agrees to indemnify, defend, and hold harmless the City (including its Council members,
officers, and employees) from all claims, losses, or damages which they, or any of them shall be legally
obligated to pay as a consequence of any negligent act or omission, any intentional tort, or any violation of
7J
Page 8
the terms of this agreement, by the Contractor (including its. o�cers, employees, and agents) in the
performance of its services that are the subject of this agreement.
16. REVERSION OF ASSETS
Upon the expiration or termination of this agreement, the Contractor shall traasfer to the City any CDBG
funds on hand or in the accounts receivable attributable to the use of CDBG funds. In addition, at the
expiration or termination of this agreement, any real property under ihe Contractor's control that was
acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 shall be disposed of in
a manner which resuits in the agency being reimbursed in the amount of the cunent fair market value of the
property less any portion thereof attributable to the expenditures of non-CDBG funds for acquisition of, or
improvement to, the real property. Such reimbursement shall not be required if the conditions of 24 CFR
State Statute 570.503(b)(8)(i) are met and satisfied.
17. DISPOSITION OF PROGRAM INCOME
Upon the expiration or temunation of this agreement, program income shall be retumed by the Contractor
to the City.
18. INSURANCE
The Contractor shall compiy with the following insurance requirements:
A. Public Liability Insurance
The Contractor shall obtain and maintain continuously during the term of this agreement
general liability insurance of an amount not less than One Million and no/100 ($1,000,OOO.dO)
Dollars which oovers bodily injury and property damage and an umbrella excess liabilitypolicy
of Three MiUion and no/1QQ ($3,000,000.00) Dollars and provide proof of Worker's
Compensation Insurance pursuant to the Statutes of the State of Minnesota. The general
liability insurance policy and umbrella excess liability policy shall name the City as an
additional insured.
B. Proof of Insurance
"The Contractor shall provide certificates of insurance required under this section, or, upon
request of the City, duplicates of the policies as evidence of the insurance protection
afforded. Such insurance policies shall not be reduced or cancelled without sixty (60) days
prior written notice to the City.
19. EIVTIRE AGREEMENT/REQUIREMENT OF A WRITING
It is understood and agreed that the entire agreementof the parties is contained herein and that this Contract
supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous Contract presently in effect between the City and the Contractor relating to the subject
matter hereof. Any alterations, variations, modifications, or waivers of the provisions of this Contract shall
be valid only when they have been reduced to writing and duly signed by the parties.
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20. EXHIBITS
The following attachments listed below are hereby incorporated in this ageement and made a part hereof:
Exhibit A - Program Budget
Exhibit B - Certification
Exhibit C- 24 CFR 85; Contracting with small aad minority �rms, women's busiaess enterprise, and ]abor
surplus area firms.
IN WITNESS WAEREOF, the parties here hereunder set their hands as of the date written below:
CITY OF FRIDLEY
:
Date:
ANOKA COUNTY COMMUNITY
ACTION PROGRAM, INC.
:
Date:
By By
Date:
Approved as to form:
Date:
:
Date:
7L
Page 10
Sources
Uses
Exhibit A
Cit�of Fridley
Home Improvement Grant Program
Program Bud�et
FY 1991 CDBG Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,677.43
FY 1992 CDBG Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,053.00
Total $ 78,730.43
Home Improvement Grants . . . . . . . . . . . . . . . . . . . . . . . . . . $ 70,88739
ACCAP Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 843.04
%�
Total $ 78,730.43 .
EXHIBIT B
CERTIFICATION
The Undersigned, on behalf of the Agency, certifies, to the best of his or her knowiedge and
belief, that:
(1 j No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an o�cer or empioyee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any �ederal contract, the making of any
Federal grant, the making of any Federal loan, the entering i�to of any cooperative agreement,
and the extension, continuati�n, renewal, amendment, or modification of any Federal contract,
grant, foan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person ior influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of C�ngress in
connection with this Federal cantract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form -LLL, °Disclosure Form to Report Lobbying," in
accordance with its instruc#ions.
(3) The undersigned shall require that the language of this certification be included in the
awa�d documents for at! subawards at atl fiers (including subcontracts, subgrants, and contracis
under grants, loans, and cooperative agreements) and that all subrecipients shal( certify and
disclose accordingly. �
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this t�ansaction imposed by section 1332, title 31, U.S. Code. Any person who
fails to file the required certification sha}I be subject to a civil penalty of not less thGn w10,000 an�
not more than 5100,000 for each such failure.
AGENCY
$y: gy:
�ts: �ts:
Date: Date:
7N
F�f3IBIT C
(24 CFR 85)
Administrative Requirements for Grants and
Cooperative Agreements to State, Locai & Federaily
Recognized lndian Tribai Governments
(e; G'antrncung w�Ch smol! ond
mioc�ri:y�irms. women's business
enle: prise and lobor s:rrplus or�eo firms.
(1) The grantee and subgrantee will take
al! r•eces• �.y affirmative step� to assure
that minority firms, women's business
enterprises, and labor surplus area �rms
are used when possible. .
(2j �r.�ative steps seall include:
(i) Placing qualified small and
minority businesses and wometi s
business enterprises on solicitation lists:
(iij Assuring that small auid minarity
businesses. and women � business
enterprises are solicited whenever they
are potenkial sources:
(iii) Di�iding total requirements. when
economically feasible. into smaUer tasics
o: quan:ities to permit maximum
par,icipztian by small and cr.inorit�
ousiness. aad womer.'s businesa
er.[erp: ises:
(it) Es:aolishiag deliver3� schedules.
N-hpre tae re��i.*e�e :: ae.u::ts. whic:
ea�o:::age pa::icipatic.-. by s:nalt a:d
minorin• business. 2^c Ko.:ien s
� bus.aess er.ts:-p.-:ses:
(ti-; (.'s:::g tne sen•ices and assistar,;,e
o: ;ae 5.^.aii S�USIt1�95 i:CiI11Z15tI'2iiQ: .
zr.c tn� ,!c::�:it�• �::si�ess Developme^:
hgenc}• o: ::^.e Depa::^:�nt of CoT�:e:�e:
ar.�
(vij Reaui-in¢ t?�e : -;me contracto:. if
subcor.tra�ts are ic ve eL. te ta e tna
af ir.native steps (iste� in paragr2phs
felf,l til throu�h �v; of this sectior..
70
� �% Community Development Department
C� HOUSING ANA REDEVELOPMENT AUTHORITY
City of Fridley
DATE: July 15, 1993 �
TO: William Burns, City Manager �rn .
FROM: Barbara Dacy, Community Development Director
Grant Fernelius, Housing Coordinator
SUBJECT: Subgrantee Agreement for Home Improvement Grant
Program
Proposed for Council approval is the second of two agreements
relating to the Home Improvement Grant Program. This agreement
covers the HOME funds which have been allocated to the project.
Due to HOME program regulations, it is necessary to have a three
party agreement (i.e., Fridley, ACCAP, and Anoka County).
A copy of the agreement is attached.
Recommendation
Staff recommends that the City Council approve the subgrantee
agreement between the City of Fridley, ACCAP, and Anoka County for
administration of the Home Improvement Grant Program.
GF/dn
M-93-422
6124227511 COUNTY ADMIN. � 612 571 1287+t� 2
SENT BY=Xerox Telecopier 7021 ; 7-15-93 ; 14�31 :
HOME 1NVESTMENT PARTNERSHlPS PROGRAM
A(iREEMENT
between'
ANOKA COUNTY, AS A MEM6ER OF THE ANOKA, DAKOTA, RAMSEi(.
AND WASHIN�3TQN COUNTIES HOME C�NSORTIUM
AND
THE CITY OF FRIDLEY
AND THE ANtiKA CCIUNTY COMMUNITY ACTION PROQRAM, INC.
This agreement entered into this day of ,1993, between
the COUNTY OF ANOKA. a political subdivisian of the State of Minnesota {hereinafter the
"CpUNTY'?, and the City of Fridley and the Anoka County C�mmunity Action Pragram, Inc.
(here'snaf�er cotlectively referred to as the "AGENCY"?.
RECITA�S
A. The COUNTY is a membe� of a Consortium composed of Anoka, Dakota,
R$msey snd Washington Counties� and an urban countY applicarrt for HOME
funds under Home Investment Partnerships Act, Titie !I of the Granston-
Gonzales National Affordable Housin� Act, P�b. �aw tVo. 141-625, 42 U.S.C.
g 127p1 e.t sea,: and wili receive HOME funds for the purpose of carrying aut
etigible haus+ng activities undsr the Act, and under �egulations at 24 C.F:R. Part
92;
B. The COUNTY desi�es to have certain services performed by the AGENCY as
described within this agreement, and as suthorized by Resotutians of the Anoka
County Board for the purpose of:implementing eli9ible activities ander the Ac#
and applicabie regutations;
C. It is appropriate and mutually desirable that the AGENCY be designated by the
CQUNTY to undertake tha aforementioned eligibie activities, so long as the
requirements of the Act, applicable regulations, steta taw, a�d Iocal faw are
adhered to, as provided far herein;
p, The purpose af this Agreeme+�t is to provide far cooperation between the
COUNTY and the AGENCY, as the parties in this agreement, in implementing
such eligi6le activities in the mar�ner descri6ed above;
E. The parties are authorized and empowered to enter i�to this Agreement by the
Laws of the State of Mi�nesota;
F. The attached exhibits as listed below a�e hereby incorparated in this agreement
and made a part hereof: A and B
G. tn considerstion of paYments, cavenants, and agreements hereinafte�
mentioned, to be made and performed by the parties hereto. tha parties
mutuallY covenant and agrea as provided ior in this agraemant.
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PART i. �ENERAL CONDITIQN$
7 . SCOPE OF AGREEMENT
The Agreement between the parties shail consist of: the sig�atu�e page; the general
conditions; the federal, state, and local program requirements; the evaluation and
record keeping requirements; Attachment A; each and every project exhibit
incorporated i�rto the Agreement; alt mattets and laws incorporated by reference
herein; and any writtan amendments m�de according to the general conditions. This
Agreement supersedes any snd sli former agreements applicable to projects attached
as exhibits to this Agreement.
2. SCOPE O� SERVICES
The Ager�cy shall perform and carry out in a satisfactory and proper manner the
services set forth in the exhibit(s) attached hereto. In the case of multipl� projects,
each project shail correspond to a separate exhibit. This Agreement may be amended
from time to time, in accordance with the general conditions, for the purpose of adding
new projects, amen�fing the scope af work, � for any other tawfui �purpose.
3. COMMENCEMF.NT AAID TERMlNATiON OF PROJECTS
A. Upon release of project related funds by H.U.D. pursusnt to federal
regulations, the COUNTY shall fumish the AG�ICY with writte� notice to
proceed. No work on the project shall occur priw to the notice to p�oceed
without writta� approval from the CQUNTY. T�rmination dates for individual
projects shall be specified in the Appropriate e�ibits. The te�mination date
may be changed thraugh amendment vf this Agreement.
B. In general, a project is expected to be completed within 24 months from the
date whiCh the Agreement is executed. Proj�cts which do not show substarrtia!
progress within the time span speci�red in the application may be terrr►inated at
the sole discretion of the COUNTY upon 30 days written notice to the
AGENCY.
C. If a project is fa� rehabilitation or new cor�structio�, the writte� agreement
executed by the AGENCY must provide that construction shalt begin withi� six
months of execution of the agreement. !f a project is for acquisition, the
agresment must provide for purchase within six months of execution, snd must
further provide that the owner will transfer title with�n that period.
D. This agreement is in effect for the period of affo�dability, as estabiished in
Sectio� 10-A-5 of Part 11 of this Agreement, required by 24 C.F.R. § 92.252,
or as tong as the AGENCY has cont�ol over HOME iur�ds, whichever is longer.
4. ADMINISTRATION
The AGENCY shall appoint a lisison person who shatl be responsible for the ove�all
administration of HOM� funded project(s? a�d caordination with the COUNTY. The
AGENGY shall also designate or�e or more representatives whv shaU be authorized to
sign the monthly Voucher and Reporting Form. The names of the tiaisan persons and
representatives shall be specified in the exhibits.
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5. COMPENSATION AND METHOD OF PAYMENT
q. The COUNTY shail reimbursa the AGENCY for the services specified in the
exhibits. Reimbursement shaH be based on a Community Oevelopment Voucher
and Reporting Form submitted with supporting docur�nerrts and signed by the
AGENCY's authorized �epresentative.
B. The AGENCY shall submit a properly executed Voucher and Reporting Fo�m no
later than fifteen 115! worki�g days after the ciose af each billing period. The
COUNTY will make payment to the AGENCY not more than twenty-one (2'� )
working days after said invoice is received and approved by the COUNTY. The
CQUNTY will issue a statement of correction vouche� in the event that the
voucher reques� is erroneous. Paymant daes not constitute absatute appraval.
C. The AGENCY shall not request disbursement of funds until needed far payment
af eligible costs, The amaunt of each request shalt be limited to the amount
needed.
6. OPERATtNG BUDOET
The AGENCY shall apply the funds received from the C�UNTY under this Agreement
in accordance witi� the requirements of the exhibit(s) attached hereto.
7. FUNDIN{; ALTERNATIVES AND FUTURE SUPPURT
A. The AGENCY shal! report a11 project income generated unde� this Agreement or
gerterated th0ugh the project(s) funded under this Agreement. All project
income must be returned to the CCIUNTY unless priar written agreement to the
corrtrary is obtained. Any project income retained by the AGENCY shall be far
the sole purpose of future use for eligible HQME activities consistent with the
scope and purpose of this project as estaWished in ttsis Agreement and the
attached exhibits. Project inCOme retained by the AGENCY shall be applied in
accordance with federal requirements.
B. The COUNTI( makes no commitment to future support and assumes no
obligstion #Or #uture support of the activities cantracted for herein, except as
expressly set forth i� this Agreement.
C. Should anticipated sousces of revenue not became available to the COUNTY fo�
use in the HOME Program. the COUNTY shall immediately notify the AGENCY
in writing and the COVNTY will be released from all liability for that partion of
the Agreement covered by iunds �ot received by the COUNTY.
8. AMENDMENTS
Either party may request modificstions in the scope of services, terms, o� co�ditians
of this Agreement. Proposed modifications which are mutually agreed upon shall be
incorpo�ated by written amendment to this Agreement. A w�itten amendment may
effect � project ar projects authorized by this Agreemerrt or may be of general
application.
: !�
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9. ASSIGNMENT AND SUBCONTRACTINO
A. The AGENCY shail not assign any portion of this Agreement without the
written consent of the COUNTY, and it is further agreed that said consent must
be sought by the AGENCY not less than fifteen t1S) days p�ior to the date of
any proposed assignment.
B. Any work or services assigned or subcontracted he�eunder shall be subject ta
e�ch provision of this Agreement and proper bidding procedu�es contained
therein. The AGENCY agrees that it is as #ully responsiWe to the COUNTY for
the acts and omissio�s of its subcontractors and of their emptoyees as agents,
as it is for the scts and omissions of its ow� employees and agents.
10. HOLD HARMLESS AND INDEMNiFlCAT{OM
A. The AGENCY further agrees that it is financially responsible (liabla) for any audit
exception which occurs due to its negligence or failure to comply with the
terms of this Agreement.
B. The AGENCY, if a unit of local government, and COUNTY mutuatly agree to
indemnify and hold harmless each other from any claims, losses, costs,
expenses, or damage resulting from the acts or omissions of their respective
officers, agents, and employees relatir�g to activities conducted by either under
this Agreement, the Act, or the Regulations, up to any ap�licable statutory
limits of tort liability.
The AGENCY, if not a unit of locat govemment, agrees to indemnify and hold
hsrmless the COUNTY from any claims, losses, costs, expenses, or damages
resulti�g from the acts or omissions of the AGENCY's officers, agents, and
employees relating to the performance of this Agreement.
19 . 1NSURANCE
A. AGENCY, if not a unit of tocal government, shall secure following insurance
coverage and comply with alt provisions noted. AGENCY shall assure that any
subcontractor p�ovidi�g services under this contract carry like coverage.
1. Comprehensive Gene�al Lisbility Insurance
a) Minimum Limits
Bodily Injury and Property Damage
8 600.000 per occurrence
1,000,000 aggregate
b) The fotlowi�g cove�age must be specifically insured a�d certified
with no internal sublimits
1 } Premises and operations.
2) Independent Conttactor's Contingent Liabitity or Owner's
Protective Uability
3) Praducts/Cor�qted Operations lif applicable)
ov
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6124227511
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2.
K�
4.
5.
4)
5}
6)
7)
8)
9)
Products/cont�sctual liability caverage written to spacificatly
cove� this contract or on a blanket basis
"X,C,U" Haza�d Liability (if appiicable)
Persona! injury liability including ciaims related to employme�t
and coverage a trirough c
Broad form property damage tiability, or deletion of the "care,
custody, and co�trol exctusivn"
Aircraft fiability tif applicablel
Watercraft liability (if applicaWe)
c) The County of Anaka, its officials a�d employaes shail be added as
additio�al insureds with a cfoss tiability endorsement. The policy
is to be written on an occurrance basis ar as acceptable to the
County's Director of Risk Management.
Automobile liabitity Insurance
�}
�}
Minimum Limits
8 6a0,000 combined single limit
Coverage shall include: hirsd, non-owned, and owned auto
Workers' Compensation
Minimum Lamits pe� state statute
Employer's Liability
Minimum Limits: S 500,000 per accident
PoliCy shsll i�Clude an All States endorsement
Professiona) Liability Ir�surance
Minimum Limits
5 600A00 per occurrence
S 1,Oa0,000 aggregate
�idelity Bond tcovering emptoyees having eCCBSS to money) in an
amount to be determined by the County Risk Manager.
B. License as Required
C. A program of self-funded insurance cove�ing the above wilt be considered by
the COUNTY in lieu of commercial coverage. Such apprpval shall be at the sole
discretion of the County Risk Manager. Limits of lisbility of any mu�icipaiity
that meet the statutory limits as defined in MINN. STAT. §466.04 are
acceptable.
D. The AGENCY shal! not corr�mence this p�oject until it has obtained �equired
insurance and �led an acceptable certificate of insu�ance with ths COUN'y`Y.
All insurance policies shatl b��t.+bmitted to the COUNTY upon request.
C
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SENT BY�Xerox Telecopier 7021 : 7-15-93 : 14:35 ; COUNTY ADMIN.� 612 571 1287:# 7
E. All certificate of insurance shal) provide that the insura�ce company shall give
the COUNTY thirty (30? days pr�or written notice of cancellation, non-renewal,
or any material changes in the policy.
F. Pa�agraphs A-1 through A-5 estabiish minimum insurance requirements snd it
is the sole responsibility of the AGENCY to purchase a�d mair�tain additiona!
insurance that m8y be necessary in connection with tfiis cont�act.
G. Certi�cate shall specifically indicate if policy is w�itten with an admitted or non-
admitted carrier. Best's rating for tFie insurer shal! be noted on the certificate
and shalt not be less than a B+. -
H. Nothinfl in this contract shall constitute a waiver by the COUNTY oi any
ststutory limits or exceptions on tiability.
1. On certi�cate, agent shatl certify whether or �at erro�s and omissions coverage
is carried.
12. CONFUCT OF INTEREST
A. Intere� of Officer Emnloyees" 4�aents. No officer, employee, or agerrt of
the AGENCY who exeroises any fw�ctions or responsibil'tties in connection with
the plannit�g and carrying out oi the HOME Program, or any other person who
exercises any functions or responsibilities in connection with the pro9r'am, shatl
have any persona! financial irrterest, direct or indirect, in this Ag�eement, and
the AGENCY sha{1 take appropriate steps to assure compliance.
B. Intere� of S�bcorrt�actor �,�d Their Emalovess. The AGENCY ag�eesthat itvvill
incorpor�te into every subcontract required to be in writing and made pursua�t
to this Agreemerrt the following proyisions:
The contractor covenants that no person who presently exercises any
funCtiau or responsibilities i� connection with the HOME Program, has
any financia! irrterest, direct or indirect, in this contract. Ths cont�actor
further covenants that it presentty has �o interest and shall not acquire
sny interest, direct or indirect, which would conflict in any manner or
degree with the perfo�mance of its services hereur�der. The contractor
futthet Coverisnts that in the performa�tce of this contract �o perso�
having a�y conflicting interest sh�ll be empioyed. Any interest on the
part of the contractor or its employees must be disc�osed to the
AGENCY and the COUNTY.
13. TERMINATtON
A. This Agresment +s subject to termination upon thirty (30) days written notice
by the COUNTY should:
1) The AGENCY mismanage or make imprope� or u�lawful use of
A�reemant funds;
2) The AGENCY fail to complY with the terms and conditions expressed
herein or the appticabie federat, state, or county regulations and �rectives;
8F
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3) The AGENCY fail to provide work or senrices expressed by this
Agreement; or
4) The AGENCY fail to submit �eports or submit incomplete or inaccurate
reports in any material �espect.
6. This Agreeme�t may be terminated by the COUNTY immediatety upon the
receipt by the C�UNTY af notice of the loss of federai funding for the HOME
Program or any project of the AGENCY.
C. This Agreement is subject to termination upon thirty t30) days w�itten not+ce
by the AGENCY should:
1) The COUNTY fail in its commitment under this Agreement to provide
funding far services rendered, as herein provided; or
2} HOME Funds become no longer gvaileble fram the fedsral government
or thraugh the COUNTY.
D. This Ag�eemerrt may be temninated by the parties, in whoie or in part, u�de�
such terms and conditions as they may agree, subject to the provisions of
paragraphs A, B, and C he�ein.
E. Otherwise, this Agreement shali terminate an the latest termination date
specified on the exhibit(s} attached hereto and shatl be subject to extension
anly by mutual agreement and amendment in accordartce with the General
Conditians of this Ageeement.
F. Upan terminatio� of this Agreement, any unexpended balance of Agresment
funds shall remain in the County HOME Investment Trust Fund.
G. In the event that terminatio� occu�s unde� paragraph A(1 j of this section, the
AGENCY shall return to the COUNTY all funds wfiich were expended in
viotation of the terms of this Agreement.
PART II. FEDERAl. AND LOCAL PROGRAM REaU1REMENTS
1. PRO(3RAM ADMINISTRATION
The AGENCY shall compty with the •appticable uniform administrative requirements
established at 24 C.F.R. § 92.505.
2. PROCUREMENT STANDARDS
A. ��,. In awarding contracts pursuant to this Agreeme�t, the AGENCY shall
comply with all applicable requirements of tocal and state 1aw tor awarding
contracts, including but not limited to, procedu�es for competitive bidding,
cont�actor's bonds, snd �etained percentages. tn addition, the AGENCY shall
comply with the �equirements of the U.S. Office of Management snd Budget
Circutar A-7 22, relating to bonding, insurance, and procurement standards, and
with Executive Orde� 11246, as amended by Executive Order 11375, and as
supplementad in Department of Labor regulations, 41 C.F.R. Part 60, regarding
8G
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SENT BY�Xerox Telecopier 7021 : 7-15-93 : 14�37 : COUNTY ADMIN.y 612 571 1287:# 9
nondiscrimination bid conditions for prajects over Te� Thousand and no/'i 00
(8 i 0,000.00) Dollars. Where fsdera! starulards differ from local or state
standards, the striCter stand8rds shsll apply. The federal standard of Ten
Thousand and no/100 (S 10,000.0a) Dollars fo� competitive bidding shatl appiy
onty if the appticabl8 state or local standard for competit+ve bidding is fess strict
than Ten Thousand and no/100 (81 �,000.00? Doliars.
B. Construction. Ali contracts and subg�ants far construction or repair shall
inciude a provision for compliance with the Copeland "Anti-Kickback" Act, 18
U.S.C. § 874, as amended, and as supplemented in Department of Labo�
regulations, 29 C.F.R. part 3. This Act provides that each contractor or
subgrantes shall tae prohibited from inducing, by any means, any person,
empiayed in the co�struCt�on, campietion, ar repair of public work, to give up
any part of the campensation to which the perso� is otherwise entitled.
C. D barment and Sus�ension. As required by 24 C.F.R. Part 24, the AGENCY
must require participants in iower tier cove�ed transactions to include the
certification in Appendix B ot 24 C.F.R. Part 24 in any proposal submitted in
connection with the lower tier transactions.
3. ENVIaONMENTAL REVIEW
A. Nat��nAl Environmental Policv Act. The COUNTY retains environmentat rsview
responsibility for purposes of f�filling requirements of the Nationa!
Environmental Policy Act as implementad by H.U.D Environmentat Review
Procedure t29 C.F.R. Parts 50 and 58?. '�a COUNTY may require the AGfNCY
to furnish data, informatio�, and assistance fo� the COUNTY's review and
assessment in d8termining whether an Envi�onmental Impact Statement must
be p+repared.
B. S:*A�t* , Environmerrtat Policv Act. Agenciss which a�e branches of government
under Minnesota taw retain responsibility for fulfitling the requirements of the
state 1aw reflarding enviranmerrtal palicy and conservation, and regutations and
ofdinancss sdopted thereunder. tf the agency is not a branch of government
under Minnesota (aw, the COUNTY may �equire the AGENCY to furnish data,
informstion, and assistance as necessary to enabte the County to comply with
the State Environmental Policy Act.
C, Saticfartinr� f Environmental Reauirements. Praject executian under this
AgFeement by either the COUNTY or the AGENCY shalt not p�oceed unti! aN
applicable requirements of the Nationa) and State Environmentaf Policy Acts
have besrt satisfied. Th6 COUNTY wi11 not issue a written notice to proceed
until all such requirements are met.
4. NON-Dt3CRtMINATION
A. General. The AGENCY shall comply with alt federal, state, and local laws
prahibitin9 discrimination on the basis of age, sex, marital status, race, creed,
coior, national arigin, or the presence of any sensory, mer�tal, or physical
handicap, o� any other basis nor or he�eafter prohibited �by law. These
repuiremer�ts a�e speci�ed in Section 109 of the Housing and Community
Development Act of 1874. as amended; Civil Rights ct of 1964, Title VI, as
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amended; Civil Rights ct of 1868, �Title Vlit, as smended; Executive Order
11063, as amended; Executive Order 11246, as amended, Section 3 of the
Housing snd Urbsn GevelOpment Act of 't 967, as amended; and 5544 of the
Rehabilitation Act of i 873, as amended, and im�lemerrting regulations at 24
C.F.R. P81't 8. Specificafly, the AGENCY shalt comply with the requi�emerrts of
24 C.�.R. �92.350.
B, Faic Housina. Ths AGENCY shall take necessary and approp�iate act+ons to
affirmatively further fair housing. Actions enumerated at 24 C.F.R.
§570.804tc) will satisfy this requirement.
u• � u=t
1) In ati soticitations under this Agreer»ent, tfie AGENCY sha�l state that aN
qualified applicants will be considered for employment. The words
"equal opportunity employer" in advertisements shatl constitute
compliance with this section.
2) The AGENCY shall not discriminate against an employee or applic�nt far
employment in connection with this Agreement because of age, msrrtal
status, r�ce, creed, color, �ational ori9in, or tha presence of any
sensorY, me�ta! or physical handicsp, except when there is 8 bona fide
occupatioRal lirr�itation. Such action shall include, but not be limited to,
the fo�lowing: Employment, upgrading, demotio� ar trans#er,
recriiitment or recruitment advertising, layoff or termination, rates of pay
or other fo�ms of compsnsadon, and selection for t�aining. {Executive
Order 11248 as amended.)
3f To the greatest extent feasible, the AGENCY shall provide training and
employment opportunities for tower income residents within the area
served by HOME psolects i� accorda�ce with the requi�ements of the
RamseY ��nty Section 3 Plan. As appropriste, the Sectian 3 Gause,
a copy of which is attached hereto as Attachment A and made a part
hereof, shall be included in cont�acts between the AGENCY and
Corrt�BCtOrS SI1d 8tJbCOnt�BCtors•
� ., - . - � ►.�
41 No coertractor, subcontractar, u�ion, or vendor engaged in any activity
under this Agreement shall discriminate in the sale of materiats,
equipment, or tabor on the basis of aga, sex, marital status, race, creed,
cotoi, national origir�, or the presence of any sensory, mental ar phys"scal
handic8p. Such praCtices include upgrading, demotion, recruiting,
transfer, tayoff, termination, pay rate, and advertisement for
employment. tExecutive Order 11246 as ame�ded.)
2) AI1 firms and organizatians described above shall be required to submit
to the AGEIVCY certificates of compliance demonstrating thatthey have,
in faCt, complied with the foregoing provisions; provided, that
certi�c�tes of compliance shall not be �equired trom firms and
organizations on contracts and/or yea�y sates of fess than 810,000.
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3f To the greatest extent feasible, the AGENCY shail purchase supplies and
services for aotivities under this Agreement fram vemdors and
cor�tractors whose businesses are located in the area served by the
HOME Program or owned in substantiai part by project area raside�ts.
5. LABOR STANDARDS
Pursuant to the provision of 24 C.F.R. §92-354, for any Project for the construction
(rehabilitatian ar new constructian) of affordable housing with 12 or more units
assisted with HOME funds, the AGENCY shall �equire that project const�uction
contractors and subcontractors pay their laborers and mechanics at wsge rates in
accordance with the �avid-Bacon Act, as amended t40 U.S.C. §276a-5). Such
contracts are alsa subject to the overtime provisions, as applicable, of the Contract
Wo�k Haurs and Safety Standards Act, 40 U.S.C. §§327-332.
6. REPAYMENT
HOME funds must be repaid to the COUNTY's HOME Investment Trust Fund: ti) if the
funds are spent on s project that is terminated before completion; tii) if housing
assisted with the funds does meet the affordability requirements for the period
specified in 24 C.F.R. §92-2b2 ar §92-254; or tiii} if the housing cesses to quality as
affordabis before Lhe period of affordability expires.
?. HOUSINt3 aUALtTY STANDARDS
Heusing that is assisted with HOME funds must, at a minimum, meet the housing
quslity standards af 24 C.F.R. §882.109. ln addition, housing that is newty
constructed or substantialty rehabititated with HOME fu�ds must meet alt applicsbte
local codes, rehabifitation standa�ds, ordinances, and zo�ing ordinances. The AGENCY
must have written standards for rehabilitation. Newly constructed housing must meet
the current edition of the Modsl Energy Code published by the Council of America�
Buildin� Officials. Substantially rehabilitated housing must meet the cost-effective
energy conservation and effectiveness standards in 24 C.F.R. part 39. Housing fot
home ownership that is to be rehabilitated after transfer of the ownership interest must
be frea from any defects�that pose a danger to hea{th or safety before transfer of the
ownership interest, and must meet the applicable property standards not tater than two
years after the transfer.
8, AFfIRMATIVE MARKErINt�
The AGENCY must adapt �ffirmative marketing procedures and requirements for HUME
Assisted housing containing five or more housing units. Such steps consist of actions
ta provide information and otherwise attract etigible persons from alt racial, ethnic, and
gender groups in the housing market area to the available housing. Minimum program
requirements and procedures are set forth at 24 C.F.R. §92.351 tb}. The AGENCY
must assess annually the affirmative marketing program to determina its effectiveness
and take a�y necessary corrective actions.
9. PR0.IECT
A. For purposes of this agreeme�t "Project" means a site or an entire building, or
two or more buildings, together with the site or sites upon which the building
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or buildin�s are located, that are under common ownership, management, and
financing, and are to be assisted with HOME Furticis, under a commitment by
the awne�. It includes a!1 the activities associated with the site end buildi�g.
� if there is more than one site associated with a project, the sites must be within
a four block area.
B. Housing thst accounts for less than one hundred percent of the dwelling units
in a project qualifiss as affordable housing if it meets the affordability criteria
set established at 24 C.F.R. §92.252 or §92.254. Each building in the praject
must contain housing that meets these standards.
C. Hausi�g in a project that is desi�ned in part fo� uses ather than residentisl use
qualifies as affordable housing if it meets the crite�ia of 24 C.F.R. §92.252 or
§92.254. A project that contains, in addition to dweliing units, laundry and
community facilities for the exciusive use of the project reside�ts and their
guests does not constitute a project that is designed in part for uses other tha�
residential. Res+dential livi�g space must constitute at least fifty-one percent
o� the project space. Each building in the project must co�tain residsntisl living
space.
10. AFFORDABILITY
A. Affordable Housina. HOME Funds shall be used oniy ftx Projects which provide
affordable housing for persons of law or very low income families. Ta quatify
as "afforda6le housing.' the Project must meet and the AGENCY shall compiy
with the terms of requ'srements contai�ed in 24 C.F.R. §92.252 and §92.254.
The affordabilitY requirement must be memorialized by appropriate deed
restrictions for the duration of the period of affordabitity.
B. Annual Review. Maximum rents and utility allowa�ces p�rmitted hereu�der
must be reviewed and app�oved by the COUN7Y. The Project owner shall re-
examine the income of each tenarrt household tiving in low incame units at least
annuatly. The maximum m�thly rental must be recalculated and approved by.
the C�UNTY anr►u811Y. Any resulting increase in rent #or iawer income u�its is
subject to the provision oi outstanding feases and, in any event, tenants sha11
be given not less than thirty days prior written notice of any increase.
11. TENANT PROTECTION
The lease between a tenant and an owner of rental housing assisted with Home funds
must be for not tess than one year, unless bY express mutual agreement betwesn the
tenant a�td the owner� and may not cantain any of the provisions enumerated at 24
C.F.R. §92.253. An ow�er of rental housing assisted with HOME funds must maintain
the premises in compliance with al1 applicable housing quatity standards and local
building requirements and comply with the tenant's selection procedures as
enume�ated and as provided for in 24 C.F.R. §92-253, and a!I other provisions
con#ained therein.
12. PROPERTY NIANAGEMENT
A. The AGENCY agrees that any nonexpendable pe�sona! property, purchased
wholty or in part with agreement funds at a cost of 85,000 0� more per itam
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for units of local government, and 8300 or more pe� item for non-profit
organizations, is, upon its purchase o� receipt, the propertY of the COUNTY
snd/or federal government. Final ownershiP and disposition of such property
shall be determined under the provision of 24 C.F.F �85.32 for local units of
govemment and O.M.B. Circutar A-110 for nonprofit organizations.
B. The AGENCY sha{I be responsible for al) such property, including its ca�e and
mairitenance. .
C. The AGENCY shail admit the C4UNTY`s property management officer to the
AGENCY's premises for the purpose of markinQ such property, as appcopriate,
with COUNTY property tags. •
D_ The AGENCY shalt meet the following procedural requirements for atl such
property:
1) Property �ecords shaU be maintained eccurately and provide for: a
descriptian of the property; manufacturer's seriai number or other
identification numbsr; acquisit'san date and cost; sou�ce of the property:
percentage of H�ME used in the purchase of property; and location,
use, and condition of the property.
2) A physicsl inverrtory of property shall be taken and the results reconciled
with the propertY records at least ance every two t2) years to verify tfie
existence, current crtilization, and continued need for the property.
31 A co�trol system shall be in effect to insure adequate safeguards to
pravent loss, damage, or theft to the praperty. Any loss, damage, o�
theft of the property shail be investigated and fully dacumented.
4� Adequete maintenance procedu�e shall be implemented to keep the
property in good condition.
13. ACa.U1SIT10N AND REIOCATiON
The AGENCY must ensu�e that it hss taken all reasonable steps to minimize the
displacement oi persons tfamilies, ind�v�duals, businesses, namprofit organizations, and
farms) as a result af a p�oject assisted with HOME funds in accordance with 24 C.F.R.
§92.353. Specifically, the AGENCY must comply with the foliowing raquirements:
A. Any acquisition of �eat property far any activity assisted under this Agreeme�t
shali compty with Titte III of the Federat Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (hereinafte� refarred to as the Uniform
Act1, 42 U.S.C. §§ 4241-4655 and the Regulations at 24 C.F.R. Part 42 and
49 C.F.R. Part 24.
B. A�y displacement of persons, businasses, non-profit organizations, or farms
OCGUrriflfl as the result of acquisition of real property assisted under this
Agreement shalt comply with Trtle If of the Uniform Act and the Regulations at
24 C.F.R. Part 42. The AGENCY sha11 comply with the regulations pertaining
to costs of retocation and written policies, as specified by 24 C.F.R. Section
570.802tc? and (d).
$42 �
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74.
1fi.
16.
'! 7.
18.
79.
20.
HISTQRIC PRESERVATI�iN
The AGENCY shall meet the historic preservatio� req�rements of Pubiic Law 88-665
and the Archaeologica! a�d Historic Preservation Act of 1874 (Pub. 1.. 93-291) a�d
Executive Order 11593, inclurling the procedures prescribed by the Advisory Council
on Historic Preservation in the Regulatian at 36 C.F.R. Part 800. Activities affecting
property listed in o� found to be eligibte for inclusion in the National Register of Historic
Places witl be subject to the requirements of 24 C.F.R. Part 58.
ARCHITECTURA! 6ARRIERS �
Any facility constructed pu�suant to this Agreement shafl compty with design
requirements of the Architectural Bamers Act of 1868 (42 U.S.C. Section 415 t).
NON-PARTICIPATtON IN POLITICAL ACTNITiES
The AGENCY shaU compty with the provision of the Nstch Act {5 U.S.C. Ch. 15).
CONDITION3 FOR REl.IG10US 4Rl3ANIZATIONS
H�ME fu�ds may not be provided to p�imarily religious organizations, such as
churches, for any activity including secular activities. In addition, HOME Funds may
not be used to rehabil'rtate or construct housing owned by primarity religious
organizations or to assist primariiy religious organizations in acquiring hausing.
However, HOME funds may be used in accardance with 24 C.�.R. §92.257.
NATIONAL FLOOD INSURANCE
The AGENCY may nat receive HOM� funds for acquisition or construction in any area
that has been identified as having specisl flood hazards a�d is not partic'spating in the
Natio�al Fload �Insurartce program, ss provided by Section 3(a1 of the Flood Oisaster
Pratection Act of 1973 (Pub. L. 83-234) and the Regulations thereunder t24 C.F.R.
Ch. X, subchap. B1.
AIR AND WATER PULLUTION
The AGENCY shatl comply with the provisions of the Clean Ai� Act, as amended !42
U.S.C. Section 1857 et seq.) and the Federai Water Pollution Co�troi Act, as smended
(33 U.S.C. Sections 12a 1, et seq.1 and the regulations issued thereunder {44 C.F.R.
Part 15).
LEAD-BASED PA1NT POfS�NINO
The AGENCY shsl! acmply with the H.U.D..Lead-Based Paint Regulatior�s {24 C.F.R.
Part 35) issued pursuant ta tha Lead-Based Paint Poisonsng Prevention Act {4Z U.S.C.
Sections 4831 et seq.) �equiring prohibition of the use of lead-based paint twhenever
funds under this Agreement are used di�ectly or indirectly for construction,
rehabilitation, ar modernization of residential structuresl; elimination of immediate lead-
based paint hazards in residential structures; and notification of the hazards of lead-
based paint poisoning to purchasers and tenants of residentisl stfuctures constructed
prior to 1978. . -
8M
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21.
22.
23.
24.
25.
2g
NON-SUBSTITUTiON �OR LOCAL FUNDINO
The HOME fundi�g made available under this Agreemant shali not be utilized by the
AGENCY to reduce substantialiy the amount of locai finanaiai suppart for community
devetopment activities batow the lavel of such support prior to the availabitity of funds
under this Agreement.
PUBttC OWNERSHiP
For age�cies which are not municipai carporations arganized under the taws of tMe
State of Minnesota, it may become necessary to grant the COUNTY a property interest
where the subjsct project calis fo� the acquisition, construction, reconstruction,
rehabilitation, or installation of publicty owned facilitias and improveme�ts. 'The
AGENCY sha8 comply wi#h cu�rent COUNTY policy regarding transfer of a property
interest sufficient to meet the public ownership requirement.
PUBLIC 1NFORMATION
If requested by the COUNTY, the AGENCY shali compty with the foltowing:
A. In sll news releases and other public notices related to projects funded under
this Agteement, the AGENCY shafl include information identifyin9 the source
of funds as the Anoka County HOME Progrsm.
B. For ai! constructian projects, the AGENCY � shaii erect a sign to COUNTY
specifications at the Gonstruct+on site, identifying the source of funds. ,
REVERSION OF ASSETS
The AGENCY shail transfer to the COUNTY any HOME funds, including but not limited
to project income. on hand at the time of expiration of this Agreement, �w received
thereafter, and any accounts receivable attributabfe to the use of HOME funds•
PROHIBITED USE Of EXCESSIVE F�RCE
The AGENCY, if a unit of gavernment, certifies by the executian of this Ag�eement
that it has adopt�d and is enforci�g a pol+cy p�ohibiting the use of excessive fa�ce by
(aw e�for�ement egsncies within its jurisdictian against any ir►dividuals engaged in
nonviolent civil ri�fits demonstrations. tPub. law No. '! 01-'! 04, § 519.)
LOBBYINO PROHIBITION
The AGENCY certifies by the execution of this Agreement that it has adopted and is
enforcin9 the foliowing as required by Pub. l.aw No. 101-121, § 319:
1� No federal appropriated funds have been paid or wi�i . be paid by, or on
behalf of, the undersigned to any pe�son for influencirig or attempting
to infiuence an office� o� employee af any agency, a member of
Congress. an officer or employee of Co�gress, or an employee of a
membef of Congress, in connection with the awardi�g of any federal
contract, the making of any fiederal grant, the making of any federal
loan, the entering into of a�y cooperative agreement, and the extension,
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continuation, renewsl, amendment, or modification of any federai
contract, grant, loan, or cooperative ag�esment.
21 If any funds othet than fede�a! appropriatsd #unds have been paid or will
be paid to any person for influencing o� attempting to influence an
� officer or emplayse of eny agency, a membe� af Congress, an officer or
employes of Congress, or an employse of a member of Cong�ess in
connection �with this federat contract, grarrt, loan, or �cooperative
agreement, the AGENGY shali comptete and submit Standard Form•LLL,
"Disctosute Form to Report Lobbying," in accordance with its
instructions.
3f The AGENCY sfiali -cequi�e that the (anguage of this certification be
included in the awar.d d�uments for all subawards at alt tie�s Cnctuding
subcontracts, subgrarrts, and contracts under grants, toans, and
cooperative �greements) and that all subrecipisnts shaii certify and
disclose accardingiy.
PART 111. EVALUATION AND RECORD KEEPlNC3
1. EVALUATION
The AGENCY ag�eas to participate with t�ie COUMY in any evaluation project or
performance report, as designated by the COUNTY or� the appropriate federal agency,
and to make evsilabte 81i infvrmation required by any such evatuation process.
2. AUD{TS AND fNSPECTIONS
The rscords and documents with respect to alf matters covered by this contract shall
be subject st slf times to inspection, feview or audit by the COUNTY, federal or state
officials so authorited by law dw'in9 the performance of this contract duri�g the period
of retention specified in this Part 111.
Pursuant to 24 C.E.R. § 92.506, the AGENCY, regardless of the amount of HOME
funds received from the COUNTY, shali obtain at its own expense-an annual certifiad
financial and compliance aud'+t made in accordance with 24 C.F.R. Part 44 and OMB
Circular A-133.
Ail sudits shall be submitted to the COUNTY within six months of the ctose of the
AGENCY's fiscal Yesr and shaii be prepared by an independent audito� who meets the
independence standards sAecified in the Generai Accounting Office's yeliow book,
"Government Auditing Standards."
The AGENCY shal! submit s copy of the annual fi�ncia! audited statemes�ts with the
manaflement compliance letter as such letter pertains to the Project in which HOME
funds a�a t�tilized. Such audit statemerrts shatl be submitted to the Director of
Community Devefopment within six manths of the end of the AGENCY's tiscal year.
3. RECORDS
The AGENCY must maintain suf�cient �ecards to enable H.U.D. to determine
compiia�ce with the requiremer�ts of the 24 C.F.R. Part 92. Records must be kept in
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a manner that identifiss the source of funds of each project te.9• ailocation and
reallocation identi#ied by federa! fiscal year appropriation and funds in the local amount
of the NOME Investment Trust Fund). At 8 minimum, the AGENCY must maintain the
records required by 24 C.F.R. �§ 92.508(e)(3)r (4), {5?.
4.
b.
RETENTION OF RECORDS
Required records shail be retained for a period of three (3} years after closeout of
HOME fund, except that recards reladng to litigation, the duration of affordability, and
displacement and acquisition must be maintained in accordance with 24 C.F.R. §
92.548{c).
REPORTS
The AGENCY shali submit reports as required by the COUNTY on a manthly and annual
Uasis and also prior to project execution.
C�UNTY
Tom Durend
Divisian 11/�anager, Governmenta! Services
Date• -
Approved es to form:
Assistant Anoka Courity Attorney
This Ag�eement drafted by:
Anaka County Attorney'S Office
Anoka County Courthouse
Anaka, MN 55303
..
CITY OP FRIDLEY
(Signatu�e)
Name CTYpedi
r�e
Date:
(Signature)
Name {Typed)
Title
Date:
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COUNTY ADMIN.y
612 571 1287;#18
ANOKA COUNTY COMMUNITY ACTION
PROGRAM, INC.
{Signature�
Name tTyped)
Titie
Date•
(Signature)
Name (Typed)
Title
Date:
�
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EXHIBfT A
PROJECT DESCRIPTION AND BUDGET
612 571 1287;#19
Amou�t of HOME funds provicled by Anaka County for the program year beainning in 1983
A....bn rr�..r�4�, f�r..r�rn..ni4v se�tinn �ram -
�O )'7�\1/1�a VVL��L� r/V�1�\��Y�na� f"�V
� •�� ' �� : � � 1� i: :• ' � t y � 1� :
r4 � 02�80�.�0
Brief list or description of goods and/or services to be provided by the above-named
organization with the assistance of the HOME funds {include description of target pop�ation
to be served}:
See attached description of activities for pragra�matic details.
Total sdministrative charges by all parties to this agreement twhich are defined as any
cost outside of actual construction and materials applied to the properties� are iimited to
the cost of actual time and materials, �ot to exceed the issser of 810,280.00 or 1096
of the expenditure under this agreement.
All funds ta be ca�rtractuaqy committed to indviduaf houaing rehebititation projects by
7131 /84.
Liaison per Section 4A:
Authorized to sign vouche�s & reports pe� Section 4A:
Project to be completed by tdate): June 30, 1995
8R �°BQ�
E�ibit B
Division of Responsibility
City of Fridley
1. Application intake
2. Income calculation and review
3. Asset calculation and review
4. Property type verification
5. Title verification
6. Flood plain verification
7. Recipient notices
a) Lead-Based Paint Notice
b) Data Privacy NotiCe
c) Subsidized Energy Financing Notice
Anoka Countv Community Action Program
1. Conduct property inspection and prepare bid specifications for
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
work to be performed.
Advertise for bids.
Assist property owner to award work to construct�
Insure construction contractor compliance with
regulations.
Monitor performance of construction contractor
File/record necessary lien documents.
Conduct final inspections of work completed.
.on contractor.
applicable HUD
work.
Compile and maintain lists of participating construction
contractors.
Comply with Housing Rehabilitation Procedures Guide.
Provide City of Fridley with monthly reports as
forms provided by the City.
Make payments to construction contractors on a
in compliance with Federal "three-day rule".
Acquire mechanics liens from all subcontractors
suppliers. �
:
required on
timely basis,
and material
Engineering
Sewer
Water
Parks
Streets
Maintenance
MEMORANDUM
TO: � 1' .
�Iliam W. Burns, City Manager � PW93-257
FROM:
John G. Flora, Public Works Director -
DATE:
July 19, 1993
SUBJECT:
63rd Avenue Booster Station Bids
On Tuesday, July 13, 1993, at 11:00 am, bids were opened for the 63rd Avenue Booster Station,
Project No. 250. Four bids were received. Richmar Construction was the low bidder at
$346,400.
In the plans and specifications, the City called for a chemical feed option to allow chlorine to be
added to the water should the TCAAP water not have sufficient quantities. We also called for
the booster station site to be landscape sprinkled. The Army has indicated they would not fund
those items as they are incidental to the work and are not a requirement for the interconnect
system. Accordingly, the $6,700 for those two items needs to be funded by the City or deleted.
The 6ids have been submitted to the Army for approval.
Recommend the City Council receive the bids and award construction of 63rd Avenue Booster
Station, Project No. 250, to Richmaz Construction for a total bid amount of $346,400. Of that,
the City would participate for the chemical feed and exterior irrigation at $6,700.
JGF:cz
Attachment
0
•
� � 3i
BID FOR PROPOSALS
63RD AVE BOOSTER STATION, PROJECT NO. 250
TUESDAY, JULY 13, 1993, 11:00 A.M.
PLANHOLDER BID BOND TOTAL BID COMMENTS
Richmar Construction 59'0 $346,400
7776 Alden Way
Fridley, MN 55432
New Mech Companies 5% $347,300
1633 Eustis St
St Paui, MN 55108
Barbarossa & Sons 5°� $367,000
11000 93rd Ave N
Osseo, MN 55369
Gridor Construction 5% $398,900
1886 Berkshire Lane
Plymouth, MN 55441
�L1
TO:
FROM:
DATE:
SUBJECT:
Engineering
Sewer
Water
Parks
Streets
Maintenance
MEMORANDUM
William W. Burns, City Manager
✓
John G. Fiora, Pub(ic Works Director
July 16, 1993
TCAAP Bids
PW93-261
On Tuesday, July 13, 1993, bids were opened for the TCAAP Inte�connect Pipeline, Project No. 248.
Six bids were received. The low bidder was C. S. McCrossan Construction at $1,402,333.21. The bid
amounts were submitted to the Army, and we received notification that the Army supports the award of
the contract for the TCAAP interconnect pipeline based upon certain Fridley fund participation.
When the TCAAP interconnect pipeline was rerouted to 64th Avenue, the City N'd the sanitary sewer
lines on Camelot, Squire and 64th Avenue. In that process we found a buckled line on Camelot and
requested that a replacement line be included into the construction project. This is a City�improvement,
and it was bid at $24,044.80.
The Army has agreed to fund all of the water line improvements to include a full surface of asphalt on
all streets that are being affected. The Army stated that it cannot fund items that are not associated with
the project. Accordingly, the concrete curb and gutter and its associated elements on the opposite side
of the construction are not eligible for funding. This decision affects concrete curb on Benjamin Street
and Arthur Street, which amounts to $39,539.48 and $7,488.48 respectively. During negotiations on
the water line, the City agreed that if concrete curb was to be installed on 64th, that the City would fund
the differentia! cost between asphalt and concrete curbing. The differential cost for concrete curb on
64th is $3,085.89.
Based upon these figures, the City's cost for the installation of the TCAAP interconnect pipeline and the
reconstruction of the streets associated with the alignment and the installation of a new sanitary sewer
amounts to $74,158.65.
In order to facilitate the early completion of this important water line, I recommend that the City Council
receive the bids and award the contract to the low bidder, C. S. McCrossan Construction in the amount
of $1,402,333.21, with the understanding that the Army authorizes the construction and that the City will
fund, based upon actual construction, the approximate amount of $74,159.
At this time, we have received information that C. S. McCrossan Construction is requesting their bid be
withdrawn. The second lowest bidder, Kenco Contractors at $i,425,081.22, contipUes to show interest
in the project. I recommend the City Council authorize that if C. S. McCrossan Construction cannot
complete the project, the necessary bid bond be drawn, and the award be made to the second lowest
bidder, Kenco Contractors in the amount of $1,425,081.22.
/
�
C(iYOF'
Fli1Dl.EY
JGF: rsc
10
BID FOR PROPOSALS
TCAAP INTERCONNECT PIPELINE, PROJECT NO. 248
TUESDAY, JULY 13, 1993, 10:00 A.M.
PLANHOLDER BID BOND TOTAL BID COMMENTS
C. S. McCrossan Construction 5% $1,402,333.21
7865 Jefferson Hwy N Gebbard
Mapie Grove, MN 55369 Surety
Kenco Contractors 5% $1,425,081.22
1694 91 st Ave NE Hartford
Blaine, MN 55449
Arcon Construction 5% $1,479,073.31
903 E Forest Wausaw
Mora, MN 5;5051
Northdale Construction 5% $1,490,255.45
14450 Northdale Blvd Great
Rogers, MN 55374 Amer. ins
S. M. Hentges & Sons 5°� $1,731,504.60
246i Hauer Traii American
Shakopee, MN 55379 Inst.
S. R. Weidema 5% $1,766,887.52
7082 Brooklyn Bivd United
Brooklyn Center, MN 55429 Fire Caus
10A
� .
Barr
Engineering Company
8300 Norman Center Orive
Minneapolis, Mti 55437-1026 July 15, 1993
Phone: (612J 832 2500
Fax: (6i2) 835-0186
Mr. John Flora, P.E.
Director of Public Works
City of Fridley
6431 University Avenue N.E.
Fridley, Minnesota 55432
Re: New Brighton/Fridley Water System Interconnection
Summary of Cost-Shazing
Dear Mr. Flora:
On Tuesday, July 13, the city of Fridley opened bids for the construction of the 63rd Avenue
flow control and booster station and the water main interconnection. Base bids as re�eived for these
elements of work are summatized below:
� Booster pumping station
� Richmar - $346,400
• NewMech - $347,300
• Barbarossa - $367,000
• Gridor - $398,900
• Interconnection water main
• C.S. McCrossan - $1,406,113.13
• Kenko - $1,425,073.57
• Arcon - $1,479,073.31
• Northdale - $1,506,569.65
• S.M. Hentges - $1,731,504.20
• S.R. Wiedemo - $1,769,994.67
Table 1(attached) compares the low bids with the cost estimates in the FRFE. The bids
summarized in Table t are adapted from the bid schedules provided by the bidders. The bids have
been adjusbed to eliminate certain costs to be borne by the city of Fridley as described below:
• Booster Station - the base bids were reduced by an amount equal to the stated cost of
lawn irrigation and chemical feed equipment.
1'
Mr. John Flora, P.E.
July 15, 1993
Page 2
• Water Main - the bidding documents provide four separate bid schedules. The bid
amounts shown above have been adjusted as follows:
Schedules 1.0 and 2.0: Benjamin Street and Arthur Street - Benjamin Street and
Arthur Street are both eligible for MSAS (state aid) funding and will be upgraded as
part of the water main work. The FRFE assumed, for planning purposes, that
50 percent of the street costs would be allocated to restoration (Army's cost) and that
50 percent would be allocated to reconstruction to MSAS standazds (City's cost).
However, during construction, units of work will be allocated to the Army and the City
based on the principle that the Arnny will pay for "restoration in kind," with the City to
pay the balance. The Army has also agreed to pay for the full costs of surfacing the
entire width of both streets (including base and curb and gutter removed for
construction of the water main}. We presently estimate based on Table 2(attached)
that the split will be 88 percent Army and 12 percent City for Benjamin and 77 percent
Army and 23 percent City for Arthur. The final Army cost would be based on final
contract quantities times the applicable unit cost. '
Schedule 3.0: Water Main - The water main bid schedule total was reduced by the
quantity of new curb and gutter to be constructed that is beyond the quantity of curb
and gutter to be removed.
Schedule 4.0: Sanitary Sewer - The cost of planned sanitary sewer repair has been
deleted from the bids summazized above. Of course, in the event that sewers or other
infrastructure is damaged by water main construction, it wil be repaired as an Army
expense.
The foregoing information has been provided to the U.S. Department of the Army
Corps of Engineers, which has given preliminary verbal approval of the bids based on the
adjustments described. The Army restated their continuing commitment to restore disturbed azeas
in-kind. For streets, this means replacement of pavement, curb and other facilities and
improvements disturbed by construction of the water main, including full-width surfacing of
strengths meeting cunent design standards for similaz streets. The Army is unable to pay for other
capital improvements which are upgrades to existing facilities, but offer to work cooperatively to
facilitate additional work the City elects to perform in connection with the project.
'The schedule of this work is very important. The Army has advised me that its approval of
the bids and cost-sharing as described herein is contingent on the City awarding contracts at its
July 19 meeting.
DEP/kmh
c: Marty McC(eery, P. E.
Les Proper, P.E.
lohn Drawz, Esq.
Larry Woscyna, P.E.
Mazk Ryan, AIA
23�62\246\FLORALT. LTR
Sincerel ,
Dennis E. Palmer, P.E.
� �C
�
�
Mr. John Flora, P.E.
July I5, 1993
Page 3
TABLE 1
COMPARISON OF BID PRICES WTTH FEASIBILITY
REPORT CONSTRUCTION COST ESTIMATES
(EXCLUSNE OF CONTROL SYSTEM MODIFICATIONS AND RIGHT-0E-WAI�
PERCENT
FRFE ADJUSTED INCREASE
WORK ELEMENT ESTIMATED COST BID PRICE` (DECREASE)
New Brighton Control Vaive Station
$132,3001 $104,400 (21.1)
Fridley Booster Pumping Station
$238,10(� $339,700 42.7
Water Main Interconnection
Pi eline $1,131,6003 $1,180,422 5.2
TOTAL CONSTRUCTION COST
$1,502,000 $1,624,522 8.2
1 FRFE estimated cost ($120,000) less $5,000 allowance for control system elements to be
provided with PGRS/PGAC work, plus 15 percent contingency.
2 FRFE estunated cost ($237,000) less $35,000 allowance for right-of-way, plus $5,000
allowance for chemical feed room (without chemical equipment), plus 15 percent contingency.
3 FRFE estimated cost ($919,000) Iess $10,000 allowance for right-of-way, ptus $22,300
increased cost of pipe and appurtenances, plus $73,700 increaserl cost of pavement repair, less
$8,900 reduction in turf and shrub restoration, all due to relocation of 64th Avenue (se�
Tables I-2 and I-3, Addendum I to FRFE), plus 15 percent contingency.
4 The adjusted bid prices delete items not eligible for Army cost participation, and assume a
50/50 cost-sharing for road construction for Benjamin and Arthur Streets so that the bid
amounts can be compazed to the FRFE estimates. The actual cost-sharing will be in
accordance with this letter.
10D
Table 2. Disvibutlon of 81d Cos1 q qrmy and Gry ot Fridley
FRIDLEYlNEW BRIGHTON WATER INTERCONNECTION (FRIDLEN PROJECT NO. 885-OW-2p)
C.S. McCfiOSSAN CONSTAIlCTION, INC. &D
JULY 13, 1993
SCHEDULE 1.0 BENJAMIN STREET CONSTRUCTION (SAP 19-342-01)
ESTIMATED � UNR TOTAL ARMY AflMY FflIDLEY FRIDLEY
ITEM DESCRIPTiON � UNIT pUqNT�Ty pfUCE pp�CE pUq�1T17Y COST WANTITY COST
� 111 11.00 1,221.00 58.00 6/8.00 SS.pp gps.pp
2 45�4' TIMBEfl EDGING LF 48 10.50 504.00 0.00 0.00 4E.0p Spq.pp
3 KEYSTONE RETAINING WALL SF 320 i5J5 5,040.00 � 0.00 0.00 32D.00 5,040.00
4 ADJUST GATE VALVE EA 7 105.00 735.00 0.00 0.00 7.00 735.00
5 RELOCATE HYDRAN! AND VALVE EA 1 1.000.00 1,000.00 1.00 1.000.00 . 0.00 0.00
B. CONNECT INTO EXISTING MANHOLE EA 1 300,00 30p,00 1,0p 300,Op 0.00 0.00
7 MOBIUZATION LS 0.92 60.000.00 55.200.00 092 55,200.00 0.00 0.00
9 CLEARING TREE 2 160.00 320.00 2.00 320.00 0.00 0.00
9 GRUBBING TREE 2 160.00 320.00 2.00 320.00 0.00 0.00
10 flEMOVE CONC. CURB & GUTTER LF 5300 2.00 10.600.00 2,650.00 5,300.00 2.650.00 5,300.00
11 flEMOVE CONCREfE ORIVEWAY PAVEMENT SY 150 3.00 450.00 50.00 150,00 1pp,00 300,pp
12 REMOVE BITUMINOUS PAVEMENT SY 9624 0.85 B,1B0.40 p,624.00 8,180,�0 0.00 0.00
13 REMOVE CATCH BASIN EA 9 135,00 1,215.00 5.00 675.00 4.00 540.00
74 REMOVE RETAINING WALL � SF 240 4.00 960.00 0.00 � 0.00 240.00 g60,Op
15 flEMOVE CONCRETE WALK SF 75 1.15 86.25 � 0.00 0.00 75.00 8825
16 COMMIXJ EXCAVATIIXJ ` CY 3904 6.33 24,712.32 3,904.00 24,712.32 0.00 0.00
17 SUBGRADE EXCAVATION CY 3689 1.15 4,2a2.35 3.689.00 �,242.35 0.00 0.00
18 GflANUTAR 80RROW (C� CY 3689 7.30 26.929.70 3.689.00 28.929.70 0.00 � 0.00
19 TOPSOIl80RROW (L1� CY 530 9.00 4.7I0.00 530.00 �.770.00 0.00 . 0.00
2U WATER M�) GAL 26 Z0.00 520.00 26.00 . 520.00 0.00 � 0.00
21 SUBGRADE PREPERATION RDSTA � 26 160.00 t.880.00 28.00 {,680.Op 0.00 0.00
22 AGGREGATE BASE.CLASS 5 TON 5274 7.61 �0,135.14 5,2T4.00 40,135.14 0.00 0.00
23 TYPE 41A, WEAR COUSE MIXTURE TON 1155 20.88 24.118.I0 1.155.00 24,118.40 0.00 . 0.00
2a TvPE 3t8, BASE CWRSE MIXTURE TON 7155 2o.0q zi,lqg.2o 1,155,00 23,146,20 0.00 O.00
25 BITUMINWS DRIVEWAY SY 441 11.21 4,943.61 721.00 2,�77.41 22D.00 2,q86.2p
26 &TUMINOUS MATERIAL FOR TAqC COAT GAL 487 1.27 565.07 467.00 585A7 0.00 0.00
27 12 RC PIPE SEWER. OESIGN 3006 CL III LF 22 31.20 BBB.aO 22.00 886.40 0.00 0.00
2E 1S HC PIPE SEWER, DESIGN 9006 CL IU . LF 152 3260 4,955.20 15200 4,955.20 0.00 OAO
?9 4' PE CORRUGATED PIPE DRAIN tF 220 6.03 1.328.60 220.00 1,326.60 0.00 0.00
30 RECONSTRUCT ORAINAGE STRUCTURE . � Lf 72 ?30,00 1,658,00 7,2p 1,856.pp . 0.00 0.00
31 CONSTRUCT CATCH BASIN DESIGN H � EA 7 650.00 5,950.00 5.00 � 4,250.00 200 1,700.00
32 CASTING ASSEMBLY � EA �� 14 300.00 4,200.00 11.00 3,�0.00 3.00 900.00
33 ADJUST FRAME S RfNG CASTING .EA 2 140.00 �0,00 200 280.00 � 0.00 0.00
34 4' CONCHE7E WALK SF 75 2.73 �4,75 0.00 0.00 75.00 204J5
35 CONCRETE CUHB 6 GUTTER. 8618 lF . � 5300 5.02 25,606.00 2,650.00 13,303.00 2,650.00 13,303,00
36 CONCRETE DRIVEWAY PAVEMENT 6 APRONS SY 150 ?5.20 3,780.00 50.00 1.260.00 100.00 2,520.00
37 FUflNISH 61NSTALL SIGN PANELS. TYpE C SF � 1IXi.2S tE.60 1.92D.45 52.00 967.2p 51.25 953�.25
38 ASH. MAflSHALL'S SEEDLESS 25'CAUPER Bd8 TREE 4 26250 1.050.00 4.00 1,OSOAO 0.00 0.00
39 AflBOVITAE, TECHNY 3' HT CONT SHRUB 2 5250 705.00 2.00 105.00 � 0.00 0.00
40 YEW. TAUNTAON 24' SPREAD CONT SHRl18 2 � 63.00 126.00 2.00 728.00 0.00 0.00
41 DECIDUOUS SHRUB, 12 SPREAD CONT SHflUB ♦ .37.50 126.00 4.00 126.00 0.00 0.00
42 DOGWOOD. flED TWEGGED 3' HT CONT SHRUB 1 31.50 31.50 1.00 31.50 0.00 0.00
43 COTONEASTER. PEKING 2' HT CONT SHHUB 43 3150 1.35450 �3.00 1,35450 0.00 0.00
44 BALE CHECK EA 55 6.30 346.50 55.00 346.50 0.00 0.00
45 SILT FENCE, HEAW DUTY LF 25p 210 . 525.00 '�.�0.00 525.00 0.00 - 0.00
48 SODDING, LAWN & BOULEVARD SY 6356 1.31 8,326.36 5.473.00 7.1�.63 883.0p 1.156.73
47 CONSTRUCT SLAB TOP-MANHOLE EA 2 2,070.00 4,140.00 1.00 2,070A0 1.00 2A70.00
48 PAVEMENT STRIPING. �• BflOKEN YELLOW LF Bq0 4.31 2,758.40 640.00 2,758.40 0.00 O.OD
48A PAVEMENT STRIPiNG, 24• SOUD WHRE LF BO � 13.13 787.80 60.0p 787.E0 0.00 0.00
49 SUBGRADE DENSITY TEST, INPLACE Eq 12 36,7g qq1,p0 12,00 447.0p 0.00 0.00
50 CtASS 5 GqADATION TEST EA 3 7875 236.25 3.00 ?36.25 0.00 0.00
51 CLASS 5 PROCTOR TEST EA 1 80.00 � 84,00 1.00 84,00 0.00 0.00
52 CIASS 5 DENSITY TEST, INPLACE Eq 8 27.30 �63,80 6.00 183.80 0.00 0.00
53 CONC. CYUNDER COMPqESSIVE TEST EA 6 12.60 75.60 3.00 37.80 3.00 37.80
54 CONC. AIR ENTRAINMENT TEST � Eq 6 26.25 157.50 3.00 78.75 3.00 79J5
55 CONC. SIUMP TEST Eq 6 26.25 157.50 3.00 78.75 3.00 78.75
56 817UMINWS EXTRACTION AND GRADqT10N EA 6 136.50 819.00 6.00 819.00 0_00 p.pp
57 BiTUMINOUS AIR VqD TEST � Eq 6 131.25 787.50 6.00 787.50 0.00 0.00
58 BITUMINWS CORE OENSITY 7EST EA 6 126.00 756.p0 6.00 756.00 0.00 0.00
T SCHEDULE 1.0 BENJAMIN STREET TOTAL
10E
319,813.05 280,273.57 39,539.48
88X 12%
�
Tabie 2. Oisvibutlon of Bid Cost b Army end City of Fridby (ConH�ued)
FRIDLEYMEW BRIGHTON WqTER INTERCONNEC710N (FRIDLE7 pqp,�� NO. eB5,0pq-2p) �
C.S. McCROSSAN CONSTRUC710N, INC. BID -
JULV 13, Y993 . �
SCHEDULE 2.0 ARTHUR STREET CONSTRUCTION (SAP 127J38-0�
ESTIMATEO UNIT TOTAL ARMY MMY FRIDLEY FpIOI.EY
ITEM DESCRIPTION UNIT pUANTITy pp�CE pqU� QUANT(TY C06T QUANTITY COST
� 0.08 80.000. 4.E00.00 O.OB 4�800.00 � 0.00 0.00
2 CONNECT INTO EXISTING MANHOLE Eq t,pp 3pp,pp 3pp,pp 0.00 0.00 1.00 30p,00
3 REMOVE CONC. CUflB 6 GUTTER LF g5.pp �q,gp 3g1,pp 0.00 0.00 65.00 3g1,0p
4 REMOVE CONCRETE DRiVEWAY PAVEMENT SY �.0p 5.75 181.00 0.00 0.00 26.00 161.00
5 flEMOVE8ITUMINWSPAVEMENT SY 1,�50.00 0.69 1,218.00 1,450A0 1,218.00 0.00 0.00
6 COMMON EXCAVATION CY 144.00 8.33 2,810.52 444.00 2.EtOS2 0.00 0.00
7 TOPSqL BORROW (L� CY 110.00 9.00 690.00 110.00 990.00 0.00 0.00
8 SUBGRADE PREPERAT�ON ROSTA C.35 180.00 783.00 4.35 783.00 0.00 0.00
9 WATER (M) GAL 4.00 20.00 80.00 4.00 E0.00 0.00 0.00
10 AGGREGATE BASE, CLASS 5 TON 608.00 7.81 4,628.88 806.00 4,626.88 0.00 0.00
11 TYPE 41A, WEAR COURSE MIXTUflE TON 135.00 23.33 3.149.55 135.00 3,149.55 0.00 0.00
72 TYPE 318. BASE COURSE MIXTURE TON 173.00 ffi49 3.890.77 173.00 3,890.77 0.00 0.00
13 BITUMINWS MATERIAL FOR TACK COqT GAL 70.00 1.21 84.70 70.00 94.70 0.00 0.00
14 15' RC PIPE SEWEfl, DESIGN 3006 CL 111 LF <9.Op 3280 1,564.80 0.00 0.00 <8.00 1,584.80
15 CONSTRUCT CATCH BASIN DESING H EA 1.00 850.00 &50.00 0.00 0.00 1.00 850.00
16 CASTING ASSEMBLY Ep 2,pp 3pp.pp 5pp,pp 0.00 0.00 2.OD 600.00
77 ADJUST FRAME & RING CASTING EA 1.00 t40,00 140.00 1.00 140.00 0.00 0.00
18 CONCRETE CURB 8 GUTTER, 8618 � LF 534.0p 5.02 2,880.68 0.00 0.00 534.00 2,680.68
19 CONCRETE ORIVEWAY PAVEMEN7 d APROMS SY �.00 25.20 705.80 0.00 0.00 �.00 705.60
20 FURNISH 81NSTALL SIGN PANELS, TYPE C SF 2.00 18.80 3720 � 2.00 37.20 0.00 0.00
21 BALE CHECK EA 5.00 6.30 31.50 5.00 3150 0.00 0.00
72 SODDING. LAWN 6 BOUIFVARD SY 1,300.00 1.31 1,703.00 1.170.00 1,53270 130.00 170.30
?3 PAVEMENT STRIPING, 4• BROKEN YELLOW LF 100.00 4.31 431.00 100.00 �31.00 0.00 0.00 �
24 SU9GqADE DENSITY TEST, INPLACE EA 1.00 36.75 36.75 1.00 36.75 0.00 0.00
25 CCASS 5 GflAOATiON TEST EA t.00 78.75 78.75 1.00 7E.75 0.00 0.00
26 CLASS 5 DENSITY TEST, INPLACE Eq 1.00 36,75 36.75 1.00 38.75 0.00 0.00
77 CONC. CYLINDER COMPRESSIVE TEST Eq 1,00 1280 1260 0.00 0.00 1.00 1260
2B CONC. AIR ENTRAINMENT TEST EA 1.00 28.25 28.25 0.00 0.00 1.00 26.25
29 CONC. SLUMP TEST Ep 1.00 26.25 28.?5 � 0.00 0.00 1.00 26.25
30 BRUM�NOUS EXTRACTION AND GRADATION Eq 2.pp 13gSp y3,pp ypp y3.00 0.00 0.00
31 BITUMINWS AIfl VqD TEST EA 200 13125 282.50 2A0 28250 0.00 0.00
32 BITUMINWSCORE-DENSITYTEST Eq 200 128.00 25200 200 25200 0.00 OAO
T SCHEDULE 2.0 ARTHUR STREET TOTAL 33,p34.05 ?5,Sq5.57 7,488.48
77% 23X
10F
TaWe 2 DlsNibution ot 8id Cod to Army and Gty of F�idley (ConUnued)
FRIOLEYMEW BRIGHTON WATER INTERCONNECTION (FRIDLEY PROJECT NO. BBS-004-20)
C.S. McCROSSAN CONSTRUCTION,INC. 810
.NJLY 13, 1993
SCHEDUIE 3.0 WATER MAIN CONSTRUCTION
ESTIMATEO UNIT TOTAL ARMY ARMY FR�DLEY FpIDIEY
17EM DESCRIPTION UNIT QUANTITy pq�CE PRICE QUANTfTY COST WANTITY COST
� 1.00 15.000.00 15,000.00 1.00 15,000.00 0.00 0.00
2 HEMOVE BITUMINOUS PAVEMENT SY 14,182.00 O.M tt,s21.26 14,192.00 11.9212e O.00 o.00
3 REMOVE CONCRETE CURB LF 3.907.00 2.00 7.814.00 3.907.00 7.814.00 0.00 0.00
4 CLEARING 6 GRUBBING lS 1.00 3.150.00 3,150.00 7.00 3.150.00 0.00 0.00
5 ABANDON PRV MANHOLE LS 1.00 7,050.00 1,050.00 1.00 1,050.00 0.00 0.00
8 REMOVE EXISTING VALVE BOX LS 1.00 135,0p 135,0p 1.00 135,00 0.00 0.00
7 SALVAGE El(ISTING MYDRANT 6 VALVE EA 3.00 600.00 1,800.00 3.00 1,E00.00 0.00 0.00
6 G DIP l.F 291.00 27.85 6,663.85 241.00 6.663.65 0.00 0.00
a a• �ir tF ese.00 ao.ss ao.ao.eo sss.00 2o,oao.so o.00 o.00
10 18' DIP LF 621.00 37.07 ?3A�.�7 627.00 23,020.47 0.00 0.00
11 20' DIP LF 70.962.00 40.39 M2.755.78 10.962.00 442.755.18 0.00 � 0.00
12 6' GATE VALVE EA 1.00 450.00 450.U0 1.00 450.00 � 0.00 0.00
13 8' GATE VALVE EA 1.00 580.00 580.00 1.00 580.00 0.00 O.U�
14 18' BUTTEflFLY VALVE EA 4.00 7.895.00 7.580.00 4.00 7,580.00 0.00 0.00
15 20" BUTTERFLY VALVE EA 15.00 2,600.00 39,000.00 15.00 39,000.00 0.00 � 0.00
16 CONNECT TO EXISTING WATER MAIN EA 3.0o eoo.00 2,4ao.00 3.00 2,aoo.00 O.00 O.00
17 CUT IN 8'x8'k8" TEE WITH 8" VAWE -� EA 1.00 1.700.00 i.700.00 7.00 1,700.00 0.00 0.00
18 17 VYE7 TAP WITH 12 VALVE EA 1.00 2,100.00 2,100.00 1.00 2.100.00 � 0.00 0.00
19 20' WET TAP WITH 20' VALVE EA 1.00 f.M5.00 4.725.00 t.00 4,725.00 0.00 0.00
ZO HYDRANT WITH VAWE � EA 70.00 1,810.00 18.100.00 10.00 16,100.00 0.00 0.00
21 BORE 30' CASING PIPE LF 334.00 200.25 66.883.50 334.00 � 66,883,Sp 0.00 0.00
22 FITTINGS l.8 45,000.00 1.36 61.2W.00 �5.000.00 81.200.00 0.00 0.00
23 � 20�t20'x6' BLOW-OFF BRANCH TEE EA 4.00 3.500.00 14.000.00 4.00 14,000.00 0.00 . 0.00
24 16'k16'x6' BLOW-OFF BRANCH TEE EA 1.00 3,300.00 3.300.00 1.00 3.300.00 0.00 0.00
25 INSULATIOh SF 64.00 244 156.16 64.00 156.16 0.00 0.00
26 7' COPPER SEflVICE PIPE LF 115.00 1267 5,258.05 415.00 5,?58.05 0.00 0.00
27 3/4' COPPER SEflViCE PIPE LF 415.00 72.45 5,188.75 415.00 � 5,18675 0.00 0.00
28 WATER SEflVICE CORPOflATION EA 10.00 85.00 850.00 10.00 850.00 0.00 0.00
29 HECONNECT TO E7(ISTING WATER SERVICE EA 59.00 350.00 20,850.00 59.00 2p,B5p,pp 0.00 0.00
30 RECONNEC7 TO EXISTING SANRARY SERVICE EA , 17.00 350.00 3,850.00 11.00 3,ESOA� OAO 0.00
37 8' PVC SERVICE PIPE LF "� 330.00 11,W 3,828.00 330.00 3,8�.00 0.00 0.00
32 AO.RIST GATE VALVE EA 7.00 105.00 735.00 7.00 735.00 0.00 0.00
33 ADJUST FRAME 8 RING CASTING EA 13.00 /40.00 1A�.�0 13.00 1,820.00 0.00 0.00
34 SAN�TARY CASTING 6 ADJUSTMENT EA 5.00 . 330.00 1,650.00 5.00 1,650.00 0.00 0.00
35 AIR REUEF MANHOIE LS 7.00 5,785.00 5,785.00 1.00 5,7&5.00 0.00 0.00
36 FOUNOATION MATERIAL FOR PIPE STABIl7L1T10N LF 750.00 10.93 8,197.50 750.00 e,t97.50 0.00 0.00
37 SILT FENCE (F 350.00 4.20 1,470.00 350.00 1,470.00 0.00 0.00
38 RICE CflEEK ROAD RES70RATION SY 389.00 2D.00 7.780.00 389.00 7,780.00 0.00 0.00
39 CENTRAL AVENUE RESTORATION � lS 1.00 � 5,000.00 5,000.00 1.00 5,000.00 0.00 0.00
40 CqNMON EXCAVATION CY 7,741.00 6.33 11,020.53 1,741.00 11,020.53 0.00 0.00
41 CLASS 5 AGGREGATE BASE TON 5.062.00 7.61 38,521.82 5,06200 38,521.82 0.00 0.00
42 2331 TYPE 31B BITUMINOUS TON 1.840.00 20.04 32.865.80 � 1.840.00 32,865.60 - � 0.00 0.00
43 2331 TYPE 41A BITUMINWS TON 1,515.00 20.88 31,B3320 1,515.00 31.833.20 0.00 0.00
44 BITUMINOUS TAqC . GAL 671.00 1.27 817A1� 671.00 811A1 0.00 0.00
45 8618 CONCflETE CURB 3 GUTTER LF 6.148.00 5.02 30.862.96 3.557.00 17,856.14 2,591.00 13.006b2
46 8672 CONCRETE CURB 8 GUTTER LF 350.0p 9.45 3,30750 350.00 3,30750 0.00 0.00
47 6'CONCRETE DRIVEWAY PAVEMENT 3 APRONS SY 164.00 ?520 4,t3280 164.00 4,132A0 9.00 0.00��
48 eCONCRETE DRIVEWAY PAVEMENT 6 APRONS SY 10.00 25.20 252.00 10.00 252.00 0.00 0.00
49 2^BITUMINWSDRIVEWAY SY 263.00 11.21 2,948.23 2q.00 2,948.23 0.00 0.00
50 3' BITUMINOUS DRIVEWAY SY 1,084.00 1.23 1.333.32 . 1.084.00 1,333.32 0.00 O.W
51 SOO, TYPE LAWN & BWLEVARD SY 12A7200 1.31 16,86232 12,872.00 16,862.32 0.00 0.00
52 SEEDING, M�XTURE+R500 ACRE 2.20 498.75 1,097.25 220 1,097.?S 0.00 0.00
53 ASH, MARSHALL'S SEEDLESS 25' CALIBEA 8&B TREE 2.00 2B2.50 525.00 2.00 525.00 0-.00 0.00
54 PIPNE, SCOTCH 6'HT 868 TREE 1.00 270.00 210.00 1.00 2/0.00 O.oO 0.00
55 MAPLE, MORTHWO00 25• CALIPER 868 TqEE 8.00 262.50 1,575.00 6.00 1,575.00 0.00 0.00 �
56 CRABAPPLE, RED SPLENOOR 7 CALIPER B88 TREE 7.00 210.00 210.00 1.00 210.00 0.00 0.00
57 DECIDUOUS SHRUB, 12 SPREAD CONT. SHflU6 6.00 5250 315.00 6.00 315.00 0.00 0.00
58 BALE CHECK EA 30.00 6.30 189.00 30.00 � 189.00 0.00 0.00
59 DENISTYTEST,INPLACE EA t08.00 ?9.40 3,775.20 108.00 3,17520 0.00 0.00
60 CLASS 5 GflADAT�ON TEST EA 3.00 78.75 236.25 3.00 236.25 0.00 0.00
61 CLASS 5 PROCTOR TEST EA 7.00 8a.00 84.00 7.00 84.00 0.00 0.00
62 ClASS3 OENSITY TEST, INPLACE EA 12.00 27.30 327.60 12.00 327.60 0.00 0.00
63 CONC. CYUNDER COMPflESSIVE TEST EA 8.00 12.60 100,80 0.00 0.00 8.00 700.80
64 CONC. Alfl ENTHlUNMENT TEST EA 8.0� 2625 210.00 0.00 0�.00 8.00 210.00
65 CONC. SLUMP TEST EA 8.00 2625 2/0.00 0.00 0.00 8.00 210.00
66 BITUMINOUS EXTRACTION ANO GflADATION EA 6.00 136.50 819.00 6.00 819.00 0.00 0.00
67 &TUMINOUS /UR Vq0 TEST EA � 6.00 131.25 787.50 8.00 787.50 0.00 � 0.00
6B BITUMINOUS CORE DENSITY TEST £q 8.00 126.00 758.00 6.00 756.00 0.00 0.00
69 12 RCP SEWEfl. Cl 111 LF 56.00 31.20 1,747.20 56.00 1.747.20 0.00 0.00
70 15" RCP S£WER. CL Stt LF 80.00 32.60 2,608.00 &1.0p 2.BOB.00 0.00 0.00
71 BITUMINOUS CUflB 1F 0.00 1.03 0.00 2,591.00 10,411.73 (2,591.00) (10,441.73)
T SCHEDULE 3.0 WATEfl MAIN CONSTRUCTION TOTAL 1,015,100.33 1,012,014.14 3,OB5.69
100% 0%
10G
�
���
Engineeang Company
8300 Norman Center Orive
Minneapolis, Mti 55437-l026
Phone: (6i2) 8322600
Far. (st2) 835-otes July 15, 1993
Mr. Larry Woscyna, P.E.
U.S. Department of the Army
Corps of Engineers, Omaha District
CEMRO-MDHA
215 North 17th Street
Omaha, NE 68102-4978
Re: ' Bid Summary: New Brighton/Fridley Water System Interconnection
Request far Authorization to Awazd Contracts
Dear Nir. Woscyna:
On Wednesday, July 7, the city of New Brighton opene� bids for the control valve station.
Four bids were received:
• Municipal Builders - $104,400
• Kraus Anderson - $110,600
• Jay Brothers - $137,500
• Barbarossa - $146,000
The low bidder can mcet all qualification and bonding requirements contained in the
specifications. We have recommended that the city of New Brighton awazd the contract to the low
bidder at its meeting on Tuesday, July 27, contingent upon Army approval.
On Tuesday, July 13, the city of Fridley openerl bids for the construction of the 63rd Avenue
flow control and boost�r station and the water main interconnection. Base bids as received for these
elements of work aze summarized below:
� Booster pumping station
� Richmar - $346,400
• NewMech - $347,300
• Bazbazossa - $367,OOQ
• 'Gridor - $398,900
101
�
Mr. Larry Woscyna, P.E.
July I5, 1993
Page 2
• Interconnection water main
• C.S. McCrossan - $1,406,113.13
• Kenko - $1,425,073.57
• Arcon - $1,479,073.31
• Northdale - $1,506,569.65
• S.M. Hentges - $1,731,504.20
• S.R. Wiedemo - $1,769,994.67
Table 1 compares the bid prices with the construction cost estimates in the Final Report
Feasibility Evaluation (FRFE). The table includes only construction costs and does not include
engineering, right-of-way, or costs related to modifications of control systems in Fridley and New
Brighton.
Bid prices in Table 1 were adjusted to be compazabte with the estimates and assumptions in
the FRFE. Please see the enclosed copy of my letter to NIr. Flora for the details of the actual road
construction cost-sharing.
Because the total bid prices aze within the limits of accuracy of the construction cost estimates
contained in the FRFE, we intend to recommend to the Fridley City Council that these contracts be
awarded at their July �9 regular meeting, contingent upon Army approval.
We request Army approval to awazd contracts as indicated above (contingent upon satisfactory
demonstration of the qualifications of the appazent low bidders on the Fridley work). Please fax
your response Eo me at (612) 835-0186 as soon as possible.
If you have any questions, feel free to call me at (612) 832-2814.
Sincerely, �
`�
Dennis E. Palmer, P.E.
Enclosure
c: Marty McCleery, P.E.
Les Proper, P.E.
John Drawz, Esq.
�John Flora, P.E.
Mark Ryan, A.I.A.
23\62\246�I.ARRYLT
� 10J
.
Mr. Larry Woscyna, P.E.
July 15, 1993
Page 3
TABLE 1
COMPARISON OF BID PRICES WITH FEASIBII.I'TY
REPORT CONSTR.UCTION COST ESTIlvIATES
(EXCLUSIVE OF CONTROL SYSTEM MODIFICATIONS AND RIGHT-0E-WA�
PERCENT
FRFE ADJUSTED INCREASE
WORK ELEMENT ESTIlVIATED COST BID PRICE4 (DECREASE)
New Brighton Control Valve Station
$132,3001 $104,400 (21.1)
Fridley Booster Pumping Station
� $238,1002 $339,700 42.7
Water Main Interconnection
Pipeline $1,131,6003 $1,180,422 5.2
TOTAL CONSTR.UCTION COST
$1,502,000 $1,624,522 8.2
1 FRFE estimated cost ($120,000) less $5,000 allowance for control system elements to be
provided with PGRS/PGAC work, plus 15 percent contingency.
Z FRFE estimated cost ($237,000) less $35,000 allowance for right-of-way, plus $5,000
allowance for chemical feed room (without chemical equipment), plus 15 percent contingency.
3 FRFE estimated cost ($919,000) less $10,000 allowance for right-of-way, plus $22,300
increased cost of pipe and appurtenances, plus $73,700 increased cost of pavement repair, less
$8,900 reduction in turf and shrub restoration, all due to relocation of 64th Avenue (see
Tables I-2 and I-3, Addendum I to FRFE), plus 15 percent contingency.
d The adjusted bid prices delete items not eligible for Army cost participation, and assume a
50/50 cest-sharing for road construction for Benjamin and Arthur Streets so that the bid
amounts can be compazed to the FRFE estimates. The actual cost-sharing will be in
accordance with the letter to Mr. Flora.
�•L�
MEMORANDUM
TO: William W. Burns, Ci Mana er ��. PW93-251
�Y g �
FROM: � John G. F1ora,�PubIic Works Director
Gy/�lyde V. Moravetz, Engineering Assistant
DA1'E: July 19, 1993
SUBJECT: Market Value Appraisal of Outlot B, Shorewood Plaza
The City received an appraisal for an estimate of the market value of the fee simple interest
in Outlot B, Shorewood Plaza. This 24,190± sq. ft. lot was appraised at $40,000.
The appraisal included:
Estimated cost for utilities, fees, permits,
SAC charges, etc., of $11,636
Estunaied primary site value 40,000
Less costs -11.636
$28,364
Quality Growth, Inc., owner of Outlot B, has agreed to sell the lot for $28,000.
Recommend Council authorize the purchase of Outlot B for the new booster station.
Upon approval, we will have Mr. Herrick review the abstract update and prepare the
warranty deed and certificate of real value for execution of the transfer of ownership.
CVM/JGF:cz
Attachment
11
,r
.
, �. � s
1fV1LJL4V4G
07i13i93 14:44 $ 1 701 232 4642 ReKard Dev CorP P.82
soa eiacic Bul�ainq • PO Box 2b61 • F�o, ND s8108 • Tetephone: 701/232-7275 • faxt 7011232-4842
Juiy 13, 1993
Sent by facsimile b12 571 2287
Mr. Clyde V. Moravetz
Engineering Assistant
Frid2ey Municipal Center
b431 University Avenue NE
Fridley, MN 55432
Dear Clyde:
RE: Dutlot B, Shorewood Plaze
As a follow-up to our phone conversation yesterday, we believe the
total parcel is worth mare than the $28, 000 that you suggest, since
there are two nice lots at this site. As a matter of putting this
matter behind both of us, we could live with $28, 000 for all of
Outlot B.
We await a written offer at this
26, 1993.
S' rely,
�i,�y ��. /
ames C. Torok
Secretary
11A
figure from the City before July
�
_
GIYOF
FRIDLEY
FR[DLEY MUN[CIPAL CENTER • 6431 IJNIVERSITY AVE. N.E. FRIDLEY, MN 55�32 -(612) 571-3450 • FAX (612) 571-1287
July 20, 1993
Quality Growth, Ltd
Mr. Jim Torok
804 Black Bldg
P. O, Box 2561
Fargo, ND 58102
Subject: Letter of Understanding
Dear Mr. Torok:
This letter is pursuant to your faxed cor�espondence dated July 13, 1993 in which you will accept $28,000 for
Outlot 6, Shorewood Plaza.
The City Council, at thei� July 19, 1993 meeting, authorized payment of $28,000 for said Outlot.
It is understood that this purchase is predicated on the following items that we have discussed:
1. No legal or appraisal expense to be levied to the owners
2. Sale shalt be for cash
3. There are no stipulations or conditions imposed by owners resulting in the sale of said Outlot B
4. City will be granted immediate authority for access and construction of a booster station upon said Outlot
6
5. Upon �eturn of this executed letter of understanding, the City shall have the necessary deed and relating
documents drav►m, executed and recorded at no expense to owner
6. Upon execution of the necessary documents, a check for $28,000 will be provided to Quality Growth, Inc.
CITY OF FRIDLEY
William W. Burns, City Manager
OWNER
Dennis D. Unruh, President
Quatity Growth, Ltd.
11B
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.�-.�
MEMORANDUM
TO: William W. Burns, Ci Mana er A�� PW93-256
�Y g A'
FROM: John G. Flora Public Works Director
Scott Erickson, Asst Public Works Director� 4.
DA'I'E: July 19, 1993
SUBJECT: Receive Bids and Award Contract for the 1993 Street Improvement Project
No. ST. 1993-1&2
On July 14, 1993 at 10:00 am, bids were received and opened on the 1993 Street
Improvement Project No. ST. 1993-1&2. Plans and specifications for the street
improvement project were sent to nine potential bidders and seven bids were received. The
low bidder is Northwest Asphalt with a bid of $902,467.32.
Northwest Asphalt has worked for the City in the past and has performed satisfactorily.
Request the City Council Receive the bids and award the contract for the 1993 Street
Improvement Project No. ST. 1993-1&2 to Northwest Asphalt for $902,467.32.
SE/JGF:cz
Attachment
12
�
.
..r._ ;
BID FOR PROPOSALS
STREET IMPROVEMENT, PROdECT NO. ST. i993-i&2
WEDNESDAY, JULY 14, 1993, 10:00 A.M.
PtANHOLDER BID BOND Tf�TAL BID COMMENTS
Northwest Asphalt Inc 5% $ 902,467.32
1451 County Rd #18 United
Shakopee MN 55379 States Fid
Valley Paving 59'0 $ 997,670.85
8800 13th Ave E United
Shakopee MN 55379 State Fid
Hardrives Inc 5�0 $ 999,524.95
972410th Ave N Seaboard
Plymouth MN 55441 Surety
Midwest Asphalt Corp 5% $1,094,515.27
P O Box 5477 Am. Inst.
Hopkins MN 55343 Arch.
Alber Construction Inc . 5�0 $1,116,724.00 •
P O Box 399 United
Rogers MN 55374 Fire
C. S. McCrossan Inc 5% $1,128,614.60
P O Box 1240 Seaboard
Mapte Crove MN 55369-1240 Surety
W. B. Miller Inc 5% $1,257,544.50
16765 Nutria St NW U.S.
Ramsey MN 55303 Fidelity
12A
12B
UCTION
ETS
UANTITIES
T
R1VE
VDE DR.
Eng�n.e�� �a
Sewe�
�'IJ�ler
iParKs
'Slree!s
I41aintenar.cc
MEMORANDUM
TO: William W. Burns Ci Mana er '� �, PW93-253
� h' g �
FROM: John G. Flora,lPublic Works D'uector .
Scott Erickson, Ass't Public Works Directorr��
DATE: July 19, 1993
SUBJECT: Construction Surveying for the 1993 Street Program
Due to time constraints in preparing plans and providing construction staking for City Capital
Improvement projects, proposals were requested from 12 consulting �rms to provide construction
surveying for the 1993 street project
Nine consultants have provided proposals for surveying services in conjunction with the 1993 street
improvement project.
All the firms have the capabilities to perform the required work within the stipulated timeframe.
All the firms have sufficient survey crews and CAD capability to apply to our project All the firms
are well established in the area and have been in business for a long enough period of time to
establish their credibility.
The proposed not-to-exceed fees covered a wide range, $8,640 to $47,214.73. The two low firms,
Mateffy Engineering and Maier Stewart & Associates, both have indicated that their fees for this
project are somewhat discounted due to excess capacity in their staffs.
Based on discussions with Mateffy Engineering, they will have one survey crew staking the streets.
They will use their local survey crew and CAD technician (from their New Brighton office).
I believe Mateffy Engineering has a good understanding of what we expect for this project and are
capable of doing the required work. We are recommending the contract be awarded to Mateffy
Engineering based on their proposed fee.
Request the City Council authorize staff to enter into a contract with Mateffy Engineering, Inc.
for a not-to-exceed sum of $8,640. This cost will be reimbursed through Municipal State Aid funds
for construction staking.
SE/JGF:cz
Attachment
13
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CONSULTANT SERViCES
STREET IMPROVEMENT PROJECT NO. ST. 1993-2
CONSULTANT PROPOSED FEE
Mateffy Engineering Inc $8,640.00
663 Old Highway 8
New Brighton MN 55112-7767
Maier Stewart & Associates $12,429.00
1959 Sloan Place
Maplewood MN 55117
Pioneer Engineering $13,080.00
625 Highway 10 NE :
Blaine MN 55434
Westwood Professional Services $16,160.00
14180 Trunk Hwy 5
Eden Praire MN 55344
Comstock & Davis $20,210.00
1446 County Road J
Spring Lake Park MN 55432
Bolton & Menk, Inc $22,425.00
201 W Travelers Traii
Suite 200
Burnsville MN 55337
Merila & Associates $29,932.48
8401 73rd Avenue
Suite 63
Brookiyn Park MN 55428-1293
Sunde Land Surveys Inc $34,910.00
9001 E Bloomington Frwy
Bloomington MN 55420
SEH $47,214.73
3535 Vadnais Center Drive
St Paul MN 55110 �
13A
Engineerin9
Sewer
Water
Parks
Streets
Maintenance
MEMORANDUM
TO: �Itiam W. Bums, City Manager PW93-250
FROM: John G. Flora�Public Works Directo�
DATE: July 13, 1993
SUBJECT: Painting of the 1.5 Million Gallon Concrete
Reservoir at 52nd ar�d Johnson Street
Project No. 251
The repair and painting of the 1.5 million gallon concrete reservoir was budgeted for $42,000 in
the 1992 Water Capital Improvement Plan and encumbered in the 1993 construction program
for completion. �
The specifications have been prepared, and we aze now ready to advertise for bids. The bid
opening will be Wednesday, August 11, 1993.
The paint color chart is availabie for review. We recommend the same blue that is currently on
the two water towers.
Staff recommends that City Council authorize the resolution to advertise for bids for the repair
and painting of the 1.5 �illion gallon concrete reservoir at 52nd and Johnson Street, Project
No. 251.
BN/JGF:rsc
14
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RESOLIITION NO. - 1993
RESOLUTION AUTHORIZING THE ADVERTISEMENT FOR
BIDS FOR THB REPAINTING OF THE 1.5 MILLION
GALLON CONCRETE WATER TANR, PROJECT NO. 251
WHEREAB, the 1.5 million gallon reservoir located at 52nd Avenue
and Johnson street was last painted in 1981, and
WHEREAS, the tank was repaired in 1990, and
WHEREAS, funds for the exterior painting of the water tank were
allocated in the 1992 budget and carried over into 1993, and
WHEREAS, a specification has been drawn for the painting of the
water tank.
NOW, THEREFORE, BE IT RESOLVED BY, the City Council of the City of
Fridley, Anoka County, Minnesota, that the Public Works Director,
John G. Flora, is authorized to advertise for bids for the repair
and exterior painting of the 1.5 million gallon concrete water tank
located at 52nd Avenue and Johnson Street, and
BE IT FURTHER RESOLVED THAT this project will be designated as
Project No. 251.
PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRID7�EY THIS
DAY OF JULY, 1993.
ATTEST:
WILLIAM J. NEE - MAYOR
WILLIAM A. CHAMPA - CITY CLERK
14A
�
BUDGET 1993
City of Fridley
State of Minnesota
Water C�pital lmp�oveme�ts
- 1992
Beginning Balance
Revenues
Funds Available
PfoieCts
Ending Balance
Beginning 8alance
-Revenues
Funds Available
P�o�ects
Ending Balance
Inte�est Income �
Depreciatio�
Totai Revenues .
. Well Repair 12 and 13
� Re{�air to 1.5 MG Reservoir
. • �Design 63rd Ave Boosier Station
63rd Ave Booster Pump .
' Co�veR Pumphouse #13
. Oeciric Service Upgrade
. Totai Projects
1993 -
interest Income
Dep�eciafion
Total Revenues
. �-
Well Repair 2, �and 7 .
Locke Parlc Fiter Piant Repair
Chlorine Room Modification
New P�ojeci
Water Utility Computer System
Total Projects
$t,070.t 17
85.609
322,683
408,292 �
1.478.409
42,000
. 42�000 �
17.827
. 80.000
�?5.000 .
• 57.750
264.577
$1.213.832
$�,2�3.832
97.107
314.353
411,460
�6?5.292 �
60,000 .
500.000
70,000
60,000 .
690,000
3935.292
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TO: WILLIAM BURNS �.•
FROM: STEVE BILLINGS
DATE: July 14, 1993
RE: School District 14 Request for funds
Within the past month, we received, in our packets, a request from
School District # 14, to provide funding for certain video
equipment.
I respectfully request that you place this on the agenda for July
19, 1993.
I believe that it would be appropriate to officially receive this
communication, and to refer to a commission or staff to research.
15
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Jt1� 2 5 1993
DR. OENNIS E. RENS
SUPERINTENDENT
6000 WEST MOORE IAKE DRIVE, FRIDLEY, MINNESOTA 55432 612-571-6000
FAX 612-571-7633
June 24, 1993
Dr. Bill Burns, City Manager
City of Fridley
6431 University A�e. NE
Fridley, MN 55432
Dear Bill:
I read with interest the article in the Focus News�aaer last week regarding the possibility
of cable television funds being available for local access purposes. The School District has
two needs related to the use of Channe132 that we believe would prove to be an excellent
use of some of the available funds.
1. Purchasing a new Scala character generator for the School District would
a11ow us to update Educationat Access Channe132 much more frequently.
Upda.ting Channel 32 morz frequently with new information would allow
`�`studerts, sta� and community members to retrieve updated information
regarding the School Distri.t more easily and be of greater interest to
viewers. This new Scala character generator is also more user friendly
which would allow students to become involved in inputting information
onto the channel. Similar sy�ems have been installed in our surrounding
communities and have proven to be very effective.
2. Pi,:rchasing a Panasonic Editing System would open many new doors for
tt�e liistnct trresently w� nave ii�e capaoiiiiy iu si�oui y iu�� :�it'r. �
camcorder, but have no further technology. Using an edit system would
allow us to edit video clips together, producing video shows or classroom
projects. These projects could be cable-casted to the community on
Educational Access Channel 32.
The cost of the character generator is $3,307 and the cost of the editing system is
$11,433. The attached sheets break those costs down further.
Expending $14,740 of the available funds in this manner wouid directly improve cable
educational access to the community AND provide students in our schools with increased
opportunity for hands-on experiences with the technology.
AN EQUAL OPPC'g�JNiTY EMPLOYER
�
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2
We would appreciate the City Council's consideration of this request. If more inforniation
is required, please feel free to contact me at yow convenience.
Sincerely
�
Dennis E. Rens, PhD
Superintendent �
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W� HEREBY AGCEPT this proposal and agree ta purchase the items as listed above ar�d or� any Confinuatio�
pages attached he�eto in acx,o�dance with the terms a�d provisions set b�th on both sides he�eot.
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16
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�' FOR CONCURRENCE BY THE CITY COUNCIL �LTCEN8E8 •
FR1p��E1� July 19, 1993 �
Type of License: B,� Approved By: � Fees:
LAWFUL GAMBLING •. .
Ducks Unlimited, Wm Feyo Public Safety Director ' $25.pp
New Brighton Chapter #239 - � •
9846 Pierce St. N.E. •
8laine, P4N 55434 �
TREE REMOVAL
Allstate Tree Service Donald Ley
7510 Jackson St.N.E.
Fridley,MN 55432
TEMPORARY FOOD ESTABLISHMENT
Grocery Hut � Ken Jedneak
1301 Mississippi St.N.E. .
Fridley, MN 55432
�
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$40�. 00
$30.00
:�
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FRIDLEY
FOR CONCURRENCE BY THE CITY COUNCIL
ELEG i 3 _
Bomar Eleciric Co inc
702b 13 Ave S
Richfield MN 55423-3345 Robert Buescher
C'BA%ER�►�, CONTRACTUR-Rn_tmF�r t
Caribou Construction Inc (5903)
I80 Transit Ave
Roseville MN 5511�-3616 Milce Sandretzlcy
Design Images (Zp59)
2262 340 Ave NW
Ancbver Mn 55304-35?i3 Darin Aufderhar
Dube° Cc�nshvction (�142'!)
8609 28 Ave N •
New Hape MN 5542?-243$ Jim Dube=.
Hastings Richard Cor�tr (4053}
6332 Riverview Ter NE ,
Fridley MN 55432 Richard Hastings
House Cails {6408}
3218 N Rice St �
St Paul Ml�t SS I2b I� Ritari
Merchants Maintenance 8c Const (4359j
12420 Radisson l�d' NE
Blaine Mn 55449-5424 Bruce Bogie
Mon-R,ay Inc (5111) .
8224 4ison Memariat Hwy
Golden Valley MN 55427-4713 Gary W�b
Orfield Remodeling (6Q�49)
SOOS Bryant Ave S #i60
Minneapolis MN 55419-1212 Wallace Orfield
Pine Ridge Consavcdon (5126)
2'I35 196 Ave NE
Cedar Mn 55011-9644 Tim Kelly
:�
LICENSES
STATE QF MII�N
STATE OF MINN
Same
- Same
Sa�me
Sa�ns
Same
Same
Same
Same
Wright Richard 5iding (6117)
11241 Magnolia NW
Coon Rapids MN 55448-3624
HEATING
Paragon Ptbg & Heating Inc
350 Ely St NE
Fridley MN SS432-1724
Team Mechanical Ine
35b0 Sneiling Ave
Minneapolis MN 55406-2632
pI,LTMBINC
A-Able Piumbing Co
58i6 Dupont Ave N
Brooklyn Center MN 55430-2746
Gopher Mechanical Cc�ntractors
2509 Louisa Ave
Mounds View MN 55112-4854
Hovde Plbg & Htg Inc
2222 Edgewood Ave S
Minneapolis MN 5542b-284$
�I��RECTOR
DeMars Signs
4040 East River Rd NE
Fridley MN 55421-3:b(17
Richard Wright
Brian Johnson
George Carlson
Tim I�hn
Lee Watkins
Paal Hovde
I)esirce Demars
.
S2tme
CLYDE WII,EY
BLDGIMECH INSP
Same
STATE UF MiNN
�
Same
TQM BLAZINA
Chief Bidg Ufcl
19