02/26/1996 - 4840� '�
G1YOF
FRlDLEY
FRIDLEY CITY COIINCIL MEETING
Manay T �ebnEu.Na y �6,E 1996
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
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CfTY OF
FRIOLEY
FRIDLEY CITY COUNCIL MEETING OF
FEBRUARY 26, 1996
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment,
or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services,
programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities
who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance.
(TTD/572-3534)
PLEDGE OF ALLEGIANCE:
APPROVAL OF MINUTES:
City Council Meeting of February 12, 1996
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS•
Approve Agreement for Legal
Services between the City of
Fridley and Newquist & Ekstrum,
Chartered, and Carl J. Newquist
(Tabled January 22, 1996) . . . . . . . . .
.......... 1.01 -1.04
FRini_EV CITY COUNCIL MEETING OF FEBRUARY 26, 1996 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS jCONTINUED):
Variance Request, VAR #95-23,
by James Kiewel, to Increase the
Maximum Size of a First Accessory
Structure from 1,000 Square Feet
to 1,392 Square Feet, and to Allow
an Accessory Structure to Exceed
#he First Floor Area of a Dwelling
Unit, in Order to Allow Construction
of a 24 x 24 Foot Addition to an
Existing Garage, Generally Located
at 1631 Rice Creek Road N.E. (Ward 2)
(Tabled October 23, 1995) . . . . . . . . . .
NEV11 BUSINESS:
......... 2.01-2.11
Approve Addendum to the City of
Fridley/Metropolitan Council Section 8
Housing Assistance Payments Program
Contract for Administrative Services . . . . . . . . . . .
Resolution Receiving the Preliminary
Report and Calling for a Public
Hearing on the Matter of Construction
of Certain Improvements: 1996 Street
Improvement Project No. ST. 1996 - 2
(Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
�
3.01 - 3.16
. 4.01 - 4.03
�
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 1996 PAGE 3
APPROVAL OF PROPOSED CONSENT A ENDA•
NEW BUSINESS (CONTINUED�
Approve Change Order No. 2 to the
1995 Street Improvement Project
No. ST. 1995 -1 & 2 . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.03
Approve Memorandum of Understanding
between the Anoka County Conservation
District and the City of Fridley for Wetland
Conservation Act Reimbursement . . . . . . . . . . . . . . 6.01 - 6.04
Receive Bids and Award Contract
for Upfront Gang Rotary Mower . . . . . . . . . . . . . . . . 7.01 - 7.03
Receive Bids and Award Contract
fior Electronic Imaging System . . . . . . . . . . . . . 8.01 - 8.04
Resolution in Support of a Renewal
Application for a Minnesota Lawful
Gambling Premise Permit to Alcohol �
Beverage Industries Brooklyn Cen#er
World Association (Shorewood Inn,
Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.02
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 1996 PAGE 4
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED�
Resolution in Support of a Renewai
Application for a Minnesota Lawful
Gambling Premise Permit to Moose
Lodge 38 Fridley (Ward 3) . . . . . . . . . . . . . . . . . . . . 10.01 - 10.02
Resolution Approving Allocation of
Damages and Authorizing Payment
Thereof (Minnesota Police Recruitment
System Lawsuit) . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.03
Appointment: City Employee . . . . . . . . . . . . . . . . . . 12.01
Claims .......... ......................... 13.01
Licenses ................................. 14.01-14.02
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 2fi, 1996 PAGE 5
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS-
(Consideration of Items not on Agenda -15 Minutes)
PUBLIC HEARING:
Locke Lake Excavation Project
No. 255 (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.01 - 15.03
NEW BUSINESS: '
First Reading of an Ordinance
Recodifying the Fridley City Code,
Chapter 31, Entitled "Pawn Shops,"
by Amending Sections 31.07, 31.08,
31.11, 31.12, 31.13, and Adding New
Section 31.14, and Renumbering the
Remaining Sections Consecutively,
and Amending Chapter 11, "General
Provisions and Fees" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.01 - 16.12
Approve 1996 Community Development
Block Gran# Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.22
►
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FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 1996 PAGE fi
NEW BUSINESS (CONTINUED�
Resolution Repealing Resolution
No. 25-1990 Regarding the Payment
of Prevailing Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01
Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.01
ADJOURN:
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 1996
_ �
� ��—
�
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The City of Fridley will not discrirninate against or harass anyone in the admission or access to, or treatment, or employment in its services,
Progiacc►s, oc activities because of r�e, oolor. cneed, religio4 national origin, sex, disability, aSe, mazitai status, sexual orientation or status
wi@t regard to public assistance, Upon reques� a�ommodatioa �,�I be provided to allow individuals with disabilities to participate in
�aay of Fridley's services, programs, and activities, Hearing impaue� p���s who need an interpreter or o�er persons with disabilities
who require awciliary aids should contact Roberta Co1(ins at 572 3500 at least one week in advance. (TfD/572-3534)
PLEDGE OF ALLEGIANCE•
APPROVAL OF MINUTES•
City Council Mesti�g of February 12, 1996
�����f`� ���
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
Approve Agreement for Legal
Services between ihe City of
Fridley and Newquist & Ekstrum,
Cha�tered, and Car1 J. Newquist
(Tabied January 22, 1996) . . .
���.-��� �---
1.01 - 1.04
Variance Request, VAR #95-23,
by James Kiewel, to Increase the
Maximum Size of a Fi�st Accessory
Structure from 1,000 Square Feet .
to 1,392 Square Feet, and to A!!ow
an Accessory Structure to Exceed
the First Floor Area of a Dwelling
Unit, in O�der to Allow Consiruction
of a 24 x 24 Foot Addifion to an
Existing Garage, Generally Located
at 1631 Rice Creek Road N.E.
(Ward 2) (Tabled Octobe� 23,
1995) ..................... 2_01-2.11
J,��,.�---�
NEW BUSINESS:
Approve Addendum to the City of
Fridley/Metropolitan Council
Section 8 Housing Assistance
Payments Program Contract for
Administrative Services . . . _ . . . . 3.01 - 3.16
������
NEW BUSINESS (CONTINUEDI:
Resoludon Receiving the Preliminary
Report and Caliing for a Public
Hearing on the Matte� of Construcaon
of Certain Improvements: 1996 Street
improvement Project No. ST. 1996 - 2
(Ward 3) . . . . . . . . . . . . . . . . . . . 4.01 - 4.03
�.�.�,� �� _
�,� � , � � �/�-i��
Approve Change Order No. 2 to the
1995 Street Improvement Project
No. ST. 1995 - 9 & 2 . . . . . . . . . . 5A1 - 5.03
�'�-//G��e��
/
Approve Memorandum of
Understanding between the
Anoka County Conservation
District and the City of Fridley
for Wetland Conse�vation Act
Reimbursement . . . . . . . . . . . . : . 6.01 - 6.04
�����
Receive Bids and Award Contract
for Upfront Gang Rotary Mower .. 7.01 - 7.03
G2Q-4-�f' � — ��-.�' c�•-.�-..t-
�i �-�- �,�...----, 1j"=�"^' er . O —
S�a� /lZ/, Z/
Receive Bids and Award Contract
for Electronic Imaging System ... 8.01 - 8;04 �
�c-t_�� ij.,_,�. -- Cz.�,-.-�� c�.--.�'�'
��'v�e-�n�.�2`�� � 1"�'i � f /` �' ,,�— i�-�—
� _� � z-s � �1-5-.
Resolution in Suppo�t of a Renewal
Apptication for a Minnesota Lawful
Gambling P�emise Permit to Alcoho!
Beverage Industries Brookly� Center
Wo�ld Association (Shorewood Inn,
Ward 2) . . . . . . . . . . . . . . . . . . . . 9.09 - 9.02
���--7-.-�-�° �-�- �
� -
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED)-
Resolutio� in Support of a Renewal
Appiication for a Minnesota I�wfu� _
Gambling Premise Pem�it to Moose
Lodge 38 Fridley (Vllard 3) . . . . . . 10.01 -10.02
�= � � ��`� az� ,
Resolution Approving Aliocation of
Damages and Authorizing Payment
Thereof (Minnesota Police Recruitment
_ _ System Lawsuit) . . . . . . . . . . . . . 11.01 -11.03
� �y�,,.��� �'�'��
Appointmen� City Employee . . . . 12.09
C:,�--�-�-�.,t��
Claims . . . •`f . . . . . . . . . . . . . . 13.01
Licenses . . . `�����-- _ 14.09 - 14.02
AOOPTION OF AGENDA:
l��Jn.�z-G �-�- ���,.,.��C.
�
OPEN FORUM VISITORS:
{Consideration of Items not o� Agenda -15 Minutes)
/Lz� �'-�---1,�-=��...._.
« -
PUBLIC HEARING-
Locke Lake Excavation P�oject
No. 255 (Vllard 3) . . . . . . . . . . . . . . . 15.01 -15.03
c��' � � �-�' r���,
� - � - s� ���-�;;�
� �� � -
NEW BUSINESS: �� �.��-�--�-�==
- y�_ Ci. �.C..c�� '
First Reading of an Ordinance ��`�, �,� �
Recoditying the Fridley City Code,
Chapter 31, Entitled "Pawn Shops," ��� l�� ''D
by Amending Sections 31.07, 31.08, �`"'
39.19, 31.12, 31.13, and Adding New c���
Section 31.14, a�d Renumbering the
Remaining Sections Consecutively,
and Amencling Chapter 11, "General
Provisions and Fees° . . . . . . . . . . . . . . . . 16.01-16.12
/�2� Z __ �L-��
Approve 1996 Community Development
81ock �rant Program . . . : . . . . . . . . . . . . 17.01 - 1722
���� . �
,�.�,,.�--�-�-�=- �- -�-t-,. �-
Resolution Repealing Resolution
• No: 25-'1990 Regarding the Payment
of Prevailing Wages . . . . . . . . . . . . . . . . . 18.01
�-�<���� �i�- ,
Informa! Status Reports . . . . . . . . . . . . . . . 19.01
(/'� �"f---�.--G< S' 2�.�---�_ �r-�-
�' ���_? > -t�(-�.-.C�_�; �r- C.�►�'"�� - � "
,�a;�/��
ADJOURN;
�,' Z S � e� <v�
THE MINIITES OF THS REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF
FEBROARY 12, 1996
The Regular Meeting of the Fridley City Council was called to order
by Mayor Nee at 7:32 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
R�OLL CALL •
MEMBERS PRESENT: Mayor Nee, Counciluroman Jorgenson, Councilman
Billings Councilman Schneider, and Councilwoman
Bolkcom
M:EMBERS ABSENT: None
APPROVAL OF MINUTES: 1�L2��/6
M�oTION by Councilman Billings to approve the minutes as presented.
S�econded by Councilwoman Bolkcom.
M�OTION by Councilman Jorgenson to amend the minutes by the addition
of the words "specifically south of I-394" to the last paragraph
o:n page 1. Seconded by Councilwoman Bolkcom.
U:PON A VOTCE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
M�ayor Nee declared the motion carried unanimously.
A:PPROVAL OF PROPOSED CONSENT AGENDA:
NEW BliSINESS•
1. APPROVE MINNESOTA PAY EOUITY COMPLIANCE REPORT:
Mr. Burns, City Manager, stated that this report is submitted
to comply with the State's Local Government Pay Equity Act.
He stated that the report describes the number of male and
female employees by position and lists minimum and maximum
monthly salaries for each position. He stated that to the
best of his knowledge, the City is in complianc� with the pay
equity requirements of the state.
APPROVED THE PAY EQIIITY COMPLIANCE REPORT.
�. RESOLUTION NO. 9-1996 ORDERING PRELIMINARY PLANS,
SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: 1966 STREET
IMPROVEMENT PROJECT NO. ST. 1996 - 1& 2:
Mr. Burns, City Manager, stated that the 1996 street improve-
ment projects include chip seal/slurry seal overlays, asphalt
FRIDLEY CITY COIINCIL MEETING OF FEBROARY 12 1996 PAGg 2
overlays, and street reconstruction projects. He stated that
this resolution applies to asphalt overlays and one of two
proposed street reconstruction projects. He stated that the
proposed asphalt overlays are on Highway 65 East Service Road
South of 73rd Avenue, and portions of 73-1/2 Avenue, 67th
Avenue, Ashton Avenue, and Oakley Street. He stated that the
proposed street reconstruction is on Alden Way between Osborne
Way North to 79th Way. Mr. Burns stated that the Alden Way
project would include a new bituminous surface, widening of
the street to 32 feet in accordance with state aid standards,
and placement of concrete curb and gutter. He stated that
only the cost of the concrete curb and gutter is to be
assessed to the property owners, and the City's portion of the
cost for this street is covered by state aid funding..
ADOPTED RESOI�IITION N0. 9-1996.
3. MOTION TO TRANSFER OWNERSHIP OF VIDEO E4UIPMENT TO SCHOOL
DISTRICT N0. 14'
Mr. Burns, City Manager, stated that the City has recently
replaced several pieces of video equipment that were purchased
in 1986. He stated that these include a special effects
generator, an edit controller, two video top edit decks, and
a time base corrector. He stated that the equipment is still
working but has very limited resale value, and staff is
recommending that it be transferred to Fridley High School's
Audio Visual Department.
APPROVED THE TRANSFER OF VIDEO EQIIIPMENT TO SCHOOL DISTRICT
NO. 14.
4. APPROVE JOINT POWERS AGREEMENT BETWEEN SOUTHERN ANOKA ��UNTY
COMMUNITY CONSORTIUM AND THE CITY OF FRIDLEY•
Mr. Burns, City Manger, stated that the Southern Anoka County
Community Consortium (SACCC) was established to promote joint
and cooperative delivery of services between southern Anoka
County governmental entities. He stated that the members
consist of Anoka County, Fridley, Columbia Heights, Hilltop,
and the school districts of Fridley and Columbia Heights. He
stated that the organization meets monthly and is governed by
a Board of Directors consisting of two representatives from
each entity. Mr. Burns stated that the terms of this agree-
ment run to the end of 1996, and it is expected that the
agreement will be renewed for additional terms of two years
by the governing bodies of each of the member entities.
APPROVED THE JOINT POWERS AGREEMENT BETWEEN THE SOIITHERN ANORA
COUNTY COMMIINITY CONSORTIIIM AND THE CITY.
FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 12. 1996 PAGE 3
5. CLAIMS•
APPROVED CLAIMS NIIMBER 66258 THROIIGH 66659.
6. LICENSES•
APPROVED T8E LICENSES A8 SIIBMITTED AND AS ON FILE IN THS
LICENSE CLERR�B OFFICE.
7. ESTIMATES•
APPROVED THB ESTIMATES, AS FOLLOWB:
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard N.W.
Coon Rapids, MN 55435-5489
Services Rendered as City Attorney
for the Month of December, 1995. ......$ 401.04
Services Rendered as City Attorney
for the Month of January, 1996 .......$ 1,152.53
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E. �-
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of November, 1995 ..$16,108.75
Services Rendered as City Prosecuting
Attorney for the Month of December, 1995 ..$16,362.25
Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
5ervices Rendered as City Attorney
for the Month of January, 1996. ......$ 1,370.00
Hardrives, Inc.
9724 Tenth Avenue North
Plymouth, MN 55441
1995 Street Improvement Project
ST. 1995 - 1 & 2
Estimate No. 2 . . . . . . . . . . . . . . $21, 529. 85
No persons in the audience spoke regarding the proposed consent
a�genda items.
FRIDLEY CITY COUNCIL MEETING OF FEBRIIARY 12. 1996 PAGE 4
MOTION by Councilman Schneider to approve the consent agenda items.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Counciiman Billings to adopt the agenda as submitted.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
PUBLIC HEARING•
8. PUBLIC HEARING ON 1996 COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM:
MOTION by Councilwoman Jorgenson to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
7:42 p.m.
Mr. Fernelius, HRA Housing Coordinator, stated that the Community
Development Block Grant Program is funded by the Department of
Housing and Urban Development to assist low and moderate income
persons in the removal of slum and blight, as well as meet other
urgent community development needs. He stated that despite what
is going on in Washington D.C. concerning the Federal budget, the
City has been instructed by Anoka County and HUD to move forward
with planning activities for the 1996 Community Development Block
Grant Program. He stated that this year the County estimates that
Fridley will receive $155,223 in funding.
Mr. Fernelius stated that Anoka County and HUD are requesting
cities to establish a$5,000 minimum grant amount for agencies
which receive public service funding. He stated that the small
grant amounts are difficult to administer and, in some cases, the
funds are never used. He stated that past public service recipi-
ents were notified of this new policy and asked to attend this
public hearing.
Mr. Fernelius stated that the County and HUD have also cautioned
cities to limit their public service requests to fifteen percent
of the projected budget or face the possibility of having some
public service grants cut. He stated it is recommended that the
remaining 85 percent of these CDBG funds be used for housing
rehabilitation.
FRIDLEY CITY COUNCIL MEETING OF FEBROARY 12. 1996 PAG$ 5
He stated that this would break down as follows: $130,940 for
housing rehabilitation; $22,283 for public service grants; and
$1,000 to the County for administrative costs.
Councilwoman Jorgenson asked what would happen if the City did not
respond to the request for a$5,000 minimum grant.
Mr. Fernelius stated that the County has the ability to change the
allocation, and it is a policy decision at the County level.
Councilwoman Jorgenson stated that the County is receiving a fee
to administer this program. She asked if the grants were not in
increments of at least $5,000 if they felt they could not admini-
ster the program.
Mr. Fernelius stated that there is a burden to administer these
grants. When they are below a certain threshold, it is difficult
to administer.
Councilwoman Jorgenson asked how many grants last year were less
than $5,000.
Mr. Fernelius stated that all the agencies received less than
$5,000.
Councilwoman Bolkcom asked if the County would deny them if the
grants were less than $5,000.
Mr. Fernelius stated that this is a recommendation on the County's
part. He stated that he did not think the County would say that
the City could not give a grant that is less than $5,000.
Councilwoman Bolkcom she stated that she knows of one agency that
always received less than $5, 000; however, the grant made a big
difference in their program.
Councilman Schneider asked if there has been discussion with the
County regarding this recommendation.
Mr. Fernelius stated that the County's response is that it is a
recommendation on their part and is the result of conversations
they have had with HUD.
Councilwoman Bolkcom asked if there was anything the City could do
to make it less difficult for the County to administer this
program.
Mr. Fernelius stated that the most work is paperwork generated by
HUD and the Federal government. He stated that the City actually
does quite a bit of the processing and did not know if there is a
more efficient way to administer the program.
FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 12 1996 PAGE 6
Councilwoman Jorgenson stated that there is a cut in the amount of
funds distributed, and now the City will be restricted to fifteen
percent for public service.
Mr. Fernelius stated that if the City goes over the fifteen percent
for public service, there is the risk of having those funds cut.
Councilwoman Jorgenson stated that communities in the past have not
used the funds for public service, and now the City will be
penalized.
Mr. Fernelius stated that it is not a penalty but a cap on funds
that can be used for public service. He stated that some communi-
ties had their funds cut because they went over that cap.
Councilwoman Jorgenson stated that the City usually receives twice
as many requests as there are funds. She stated that the agencies
that receive funding are really doing their part to make things
better, and now it looks like they are going to be penalized.
Councilman Billings stated that he is confused about the language
regarding the fifteen percent. He questioned if this was not the
same language that has been there for years which is a fifteen
percent cap County-wide or if they are, in fact, saying the City
will be limited to fifteen percent.
Mr. Fernelius stated that, as a reminder, the City should keep
public service funding at the fifteen percent County-wide cap.
Councilman Billings clarified that it is not being implemented to
individual cities but is still a fifteen percent County-wide cap.
Ms. Jan Jolly, representing Southern Anoka County Assistance
(SACA), stated that St. William's Church closed their food shelf,
and SACA serves all these people. She stated that SACA is running
out of money and had a$22,000 deficit last year. She stated that
SACA has been using some of their building funds every month. She
stated that these funds were to be used in case they had to
relocate. She stated that they also have been serving many more
Fridley famiiies.
Ms. Jolly stated that the City of Columbia Heights furnishes the
house for their organization and pays the electricity and heat, as
well as doing the plowing, shoveling, and mowing the grass. She
stated that they do receive CDBG funds from Hilltop. She stated
that they serve less people from Hilltop, but it is a smaller
community. She stated that they also serve some residents of
Spring Lake Park. She stated that they really need help from
Fridley.
Ms. Ann Ronnie, SACA, stated that last year SACA served 5,366
families from Fridley with 1,715 families served during Christmas.
She stated that they would appreciate any help the City could give.
FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 12, 1996 PAGB 7
Ms. Marilyn Peters, SACA, stated that many families they serve have
children with special needs. She stated that they try to have
items for birthdays, and there are volunteers who make baby quilts.
She stated that the Columbia Heights Lions have a garden at SACA,
and vegetables are available in the swnmer. She stated that some
of the people they have served have volunteered their time, as they
were grateful for the help they received.
Ms. Jolly presented a copy of their proposed 1996 budget and
thanked Council for their time and consideration.
Councilman Billings stated that in the past, the process has been
to conduct a public hearing where Council determines the categories
for the distribution of the CDBG funds. He stated that in 1993,
the allocation for public service agencies was $30,600, and in 1994
and 1995, it was $30,000. He stated that the Human Resources
Commission screens applicants and submits recommendations to
Council on how the funds are to be distributed. He stated that the
City has to advise the County on how much is to be allocated to
public service projects and how much would be allocated for other
categories. He asked if this is the process this evening.
Mr. Fernelius stated that individual allocations are not requested
this evening, but Council will determine what categories the funds
should be allocated.
Mayor Nee stated that persons are discussing their need for
funding, but there has not been any allocations made at this time.
Ms. Dacy, Community Development Director, stated that in the past,
the public service allocation has been higher than fifteen percent,
and she wanted to make the public service agencies aware of this
fifteen percent cap. She stated that the purpose of the public
hearing is to identify the amount of funding allocations to the
general categories.
Councilman Schneider asked if there is a different limitation or
a change this year. He asked if the City has the same options and
if this was discussed with the County.
Ms. Dacy stated that the City has the option to allocate a higher
amount, but as opposed to previous years, the City may not get that
amount. She stated that it is hard to predict what the County
Board will do as a result of the HUD update.
Councilman Schneider asked if the County did, in fact, exceed the
fifteen percent County-wide cap.
Ms. Dacy stated that she did not know if they had exceeded this
cap.
Councilwoman Bolkcom asked if staff was recommending that the City
stay within the fifteen percent limit to be safe.
FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 12 1996 PAGE 8
Ms. Dacy stated that would be the staff's recommendation.
Councilman Billings felt that a letter should be sent to the County
to address some specific questions. Iie stated that the questions
are as follows: (1) if the City allocates more than the fifteen
percent to public service agencies, but the County does not exceed
their fifteen percent County-wide cap, would the City be allowed
to spend more than the fifteen percent, as was done in the past;
(2) if the City allocates less than $5,000 to any organization,
what would be the ramifications; and (3) could the City contribute
more to the administrative process and have that $5,000 minimum
waived, if they so choose.
Mayor Nee stated that he would support the City addressing these
questions to the County.
Ms. Lois Doody, Northwest Suburban Kinship, Inc., felt that the
County and HUD should be contacted to advise them that the public
service organizations are looking at this recommendation €rom a
different angle. She questioned if there was a way to lessen the
costs for administration and give more to the agencies. She felt
that perhaps if an organization had more than one grant the infor-
mation could be assembled and then reported to the County.
Ms. Vicki Klaers, Central Center for Family Resources, asked when
the City was notified of this fifteen percent cap. She stated that
her agency received less than $5,000 from the City. She stated
that they also received CDBG funds from other cities and was
curious why they have not received information from other cities.
Councilwoman Jorgenson stated that the City received a letter from
Alice Osborn, Community Development Manager for Anoka County, dated
December 22, 1995 in which she asked that the City consider funding
non-profits for no less than $5,000.
Councilwoman Jorgenson felt that everyone has questions which need
to be answered. She stated that she is sensitive to the cap and
the $5,000 limit. She stated that if the City is going to be able
to give to only four organizations, it will be difficult.
Ms. Klaers stated that their organization continually receives
referrals. The least funding is from Fridley, and now there is a
chance the funding may be reduced.
Ms. Cathey Weidmann, Anoka County Community Action Program, stated
that she talked to Alice Osborn, and they discussed the senior
outreach program, as well as other organizations that receive CDBG
funds from several communities, about having one grant for these
organizations. She stated that the County is working on some of
the administrative issues. She stated that she hoped the $5,000
limit is put under consideration.
FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 12, 1996 PAG$ 9
Ms. Connie Thompson, Fridley Senior Center, stated that in the past
the Senior Center and Senior Outreach Worker were funded through
CDBG funds. She stated that she is concerned that may not happen
this year. She stated that the youth in the community are very
important, and she knows that has been a high priority. She stated
that none of the seniors would support doing away with funding for
youth, but there are seniors in the community that need funding.
She felt that if there was a minimum limit of $5,000, agencies
receiving the $5, 000 would spend it very wisely, but that would
only support four programs.
MOTION by Councilwoman Jorgenson to close the public hearing.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and.the
public hearing closed at 8:15 p.m.
NEW BUSINESS:
9. RESOLUTION REGARDING THE PAYMENT OF PREVAILING WAGES AND
AMENDING RESOLUTION NO. 25-1990:
MOTION by Councilman Schneider to adopt this resolution regarding
the payment of prevailing wages and amending resolution
No. 25-1990. Seconded by Councilwoman Bolkcom.
Ms. Dacy, Community Development Director, stated that this resolu-
tion would amend Resolution 25-1990 regarding prevailing wages to
exempt housing programs. She stated that this proposed resolution
states that prevailing wage requirements, as defined in Resolution
No. 25-1900, shall not apply to any sale of property by the City
that is sold for its fair market value; any single family housing
project or program; or any multi-family housing project or program.
She stated that the resolution does say, however, that any con-
tractor or sub-contractor must have worker's compensation insu-
rance, general liability insurance, and must file the appropriate
Federal tax forms showing amounts paid to sub-contractors.
Ms. Dacy stated that the resolution requests the City Manager to
convey a copy of the resolution to the HRA and request the HRA to
adopt a policy that conforms to the resolution.
Ms. Dacy stated that Resolution No. 25-1990 was adopted when
Springbrook Apartments were being constructed. She stated that
this resolution referred to wages paid for projects that are
financed by tax increment financing, but it did not clarify if the
prevailing wages applied to housing redevelopment projects. She
stated, in particular, that the Rottlund project in the Southwest
Quadrant is not a subsidized project. She stated that there is a
significant gap between prevailing wage rates and wages paid in the
industry. The impact of the prevailing wage requirements would be
to increase the developer's cost and a reduction in the land sale
price. She stated that the prevailing wage issue would reduce the
HRA's ability to finance a rehabilitation project or to gain as
much as possible from the sale of the property.
FRIDLEY CITY COIINCIL MEETING OF FEBROARY 12 1996 PAGE 10
UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Mayor Nee and
Councilwoman Bolkcom voted in favor of the motion. Councilwo�an
Jorgenson, Councilman Schneider, and Councilman Billings voted
against the motion. Mayor Nee declared the MOTION FAILED.
10. RESOLUTION NO. 10-1996 APPROVING THE ENVIRONMENTAL ASSESSMENT
WORKSHEET (EAW) FOR THE LOCKE LAKE EXCAVATION PROJECT NO 255
{WARD 3):
Mr. Flora, Public Works Director, stated that there were a number
of requirements associated with the removal of sediment from Locke
Lake. He stated that one of the primary requirements was a public
notice of the project through the Environmental Quality Board and
then a determination that an Environmental Impact Statement (EIS)
was not required. He stated that an Environmental Assessment
Worksheet (EAW) was prepared for both the City's portion of the
project (Stonybrook Creek) and the Rice Creek Watershed District's
portion of the project (sedimentation basin). He stated that this
Environmental Assessment Worksheet was submitted to the Corps of
Engineers, the Department of Natural Resources, the Minnesota
Pollution Control Agency, and the Rice Creek Watershed District.
Mr. Flora stated that three comments were received on the project:
one was from the Minnesota Historical Society indicating no impact;
one from the Department of Natural Resources indicating an EIS was
not required; and one from the Minnesota Pollution Control Agency
requesting clarification of soil borings for the soil disposal
system permit. He stated that Council needs to make a determina-
tion that an EIS is not required. The EAW that was prepared is
adequate for the project.
Councilman Billings stated that the Minnesota Pollution Control
Agency raised a number of questions and asked if they accepted
Mr. Flora's responses as adequate to their questions.
Mr. Flora stated that the Pollution Control Agency has accepted his
responses.
MOTION by Counci:lman Schneider to adopt Resolution No. 10-1996.
Seconded by Councilman Billings. Upon a voice vote, Councilman
Schneider, Councilman Billings, Councilwoman Jorgensom, and Mayor
Nee voted in favor of the motion. Councilwoman Bolkcom abstained
from voting on the motion. Mayor Nee declared the motion carried
by a four to one vote.
11. RECEIVE BIDS AND AWARD CONTRACT FOR THE STONYBROOK CREEK BANK
STABILIZATION PROJECT NO 246 (WARD 3)•
Mr. Flora, Public Works Director, stated that seven bids were re-
ceived for this proj ect and the low bidder was Schield Construction
Company. He stated that there was an addition error in the Schield
unit price extensions, and the low bid amount was $320,596.15. He
FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 12. 1996 PAG$ 11
stated that the topsoil borrow bid of $11,160 is not necessary, as
there is sufficient borrow material available from Locke Lake. He
stated it is proposed that this ite� be deleted and Schield Con-
struction is agreeable to this change.
Mr. Flora stated that there are sufficient funds available to cover
these improvements based on the cost associated with the Stonybrook
Creek project and Locke Lake Dam excavation. He recoaunended that
the bids be received and the contract be awarded to Schield Con-
struction in the amount of $320,596.15.
MOTION by Councilwoman Jorgenson to receive the following bids for
the Stonybrook Creek Bank Stabilization Project No. 246: Schield
Construction Company, $328,262.95 (corrected error in addition
making the bid $320,596.15); Park Construction, $392,264.50; Ryan
Contracting, Inc., $433,188.00; Sunram Construction, Inc.,
$447,143.00; Northdale Construction, $465,688.01; C.S. McCrossan
Construction, $498,923.00; and Bonine Excavating, $525,091.60.
Further, to award the contract to the low bidder, Schield Con-
struction Company in the amount of $320,596.15. Seconded by
Councilman Schneider.
Councilman Billings clarified that the topsoil borrow bid would be
a change order and reduce the $320,596.15 by $11,160.
UPON A ROLL CALL VOTE TAKEN ON THE ABO
Jorgenson, Councilman Schneider, and Mayor
the motion. Councilman Billings voted
Councilwoman Bolkcom abstained from voting
Nee declared the motion carried by a three
12. INFORMAL STATUE REPORTS:
VE MOTION, Councilwoman
Nee voted in favor of
against the motion.
on the motion. Mayor
to two vote.
Mr. Burns, City Manager, stated that there were five items he
wished to discuss with Council during the conference session.
These items were as follows: (1) implications of MPRS lawsuit; (2)
proposals on the accessory uses and ordinance changes; (3) RMR site
proposal; (4) additional changes in the pawn shop ordinance; and
(5) request from the YMCA for a donation.
ADJOURNMENT•
MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded
by Councilman Schneider. Upon a voice vote, ali voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of February 12, 1996 adjourned at
8:34 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
s
_
CITYOf
FRIDLEY
MEMORANDUM
Municipal Center
6431 University Avenue N.E.
Fridley, MN 55432
(612j 571-3450
TO: The Honora.ble Mayor and City Council
FROM: William W. Burns, City Manager �r
�
DATE: February 15, 1996
SITBJECT: Prosecuting Attorney Contract
Office of the City Manager
William W. Burns
I delayed approval of the prosecuting attorney contract in response to objections by the proposed law
firm to language requiring indemnification for the City and its agents against all ca.uses of action
against the City that might stem from the attorney's actions or advice. I have reviewed the issue
with the attorneys at the LMC. They verified Mr. Ekstrum's contention that his insurance company
will not allow him to sign a contract that includes an indemnification clause and will in fac# cancel
his policy if he does. They also indicated that many other insurance companies that provide
professional liability insurance for lawyers have similar policies. .
The attorneys at the LMC also pointed out that if we insist on having Carl Newquist and Bill.
Ekstrum sign a contract that contains the indemnification clause, we may actually have less
protection than we would if we did not include the language. If a liability suit were brought against
Newquist & Ekstrum and their insurance company had canceled their insurance because they signed
the contract, we would have no recourse but to bring a suit against the personal assets of the
attorneys. On the other hand, if they did not sign a contract with the indemnification language and
their insurance was left intact, it would leave us with the option of suing their insurance company.
In view of the above, I recommend that we eliminate the indemnifica.tion language contained in the
contract. We will, however, continue to require that the firm have a valid professionalliability
insurance policy. I have reviewed these issues and the material I received from the LMC with the
City Attorney, Fritz Knaak. He indicated that although his carrier has signed off on the
indemnification language, he believes that our best course of action is to take the indemnification
language out of the contract. Both Fritz and the attorneys from the LMC indicated that the extent
of liability for prosecution services is much less than that for general legal services, due to the
doctrine of prosecutorial immunity.
I recommend that Council approve the attached agreement for legal services between the City of
Fridley and Newquist & Ekstrum, Chartered, and Cazl J. Newquist.
WWB:rsc
Attachment
1.01
AGREEMENT FOR LEGAL SERVICES
BETWEEN ?'HE CITY OF FRIDLEY
AND NEWQUIST & EKSTRUM. CHARTERED
AND CARL � NEWQIIIST
City Prosecutor Appointment: Carl J. Newquist and his law office, Newquist &
Ekstrum, Chartered, 6401 University Avenue N.E., Fridley, Minnesota, 55432; are
appointed City Prosecutor for the City of Fridley.
2. Term of Agreement: Thirty-six (36) months from and after January 1, 1996, to
terminate on December 3 i, 1998, unless otherwise extended by mutual agreement of
the parties hereto.
3. Dufies and Responsibilities of the City Prosecutor:
A. Pro�cimity being an essence hereof, the City Prosecutor sha11 maintain an office
in the City of Fridley.
B. Represent the City in all criminal proceedings and cases wherein the City is a
party, has jurisdiction, and/or has an identifiable interest therein, except those
cases arising under the City's zoning, housing, rental housing and building
codes.
C. Prepare files for court, including assembling witness lists, preparing
subpoenas, copying statutes or ordinances for court trials, etc. Request
certified documents, such as driver's records, motor vehicle records, prior
convictions, orders for protection, bank records, ordinances, and other
information required for court.
D. Prepare letters and notices associated with various court trials. These include
letters to victims, omnibus hearing notifications, and notices of change in
time, date or place of hearings.
E. Maintain records, including the court calendar, records of formal complaint
requests, records regarding the criminal history requests from the BCA,
records of officer vacation schedules, and court assignment schedules of the
prosecutor.
F. Telephone conferences and maintaining correspondence with various agencies
including law enforcement agencies, courts, Minnesota correctional facilities,
victim/witnesses, defendants/defense attorneys, social workers, psychiatrists,
victim advocate representatives, hospitals, banks, insurance companies, etc.
Research statutes and/or ordinances for court cases, formal complaints, or as
requested by the Fridley Police Department or the City of Fritlley.
1.02
�
5.
Q
G.
H
I.
Handling requests for disposition of detainer.
Maintaining active files.
Advise Council, City staff, and the Police Department of legal questions and
issues that relate to official City business.
J. Advise and attend educational and training programs for City .staff and the
Police Department as requested by the City Manager and/or the Director of
Public Safety.
K.
L
M.
Advise and attend such Council meetings and meetings of City commissions
and committees as the City Manager and/or Mayor may direct.
Prepaze activity reports, billing information, and reports on status of City
litigation as the City Manager may direct.
Defend City employees, when applicable, in suits and claims arising from the
perfortnance of official duties as the City Manager may direct.
Conflict of Interest: The City Prosecutor shall not represent any individual or party
in any civil or criminal matter against the City of Fridley.
Compensation:
A. The City Prosecutor shall be compensated as the following rates:
1996: $63.75/hour
1997: $70.00/hour
1998: $75.00/hour
Lavv Clerk: $35.00/hour
Law Clerk: $35.00/hour
Law Clerk: $35.00/hour
B. The City Prosecutor shall be reimbursed for all expense advances made by him
on behalf of the City such as fees and costs for court transcripts and filing. All
other expenses and costs of overhead such as dues, subscriptions, licenses,
insurance, secretarial services, etc., associated with the performance of legal
services shall be the responsibility of the City Prosecutor.
Assi�nment of Services and Agreement• The City Prosecutor shall not assign any
interest or obligation of this agreement without the prior written consent of the City.
1.Q3
7. Affirmative Action: Because the City requires and follows a policy of Affirmative
Action and will not tolerate discriminatory acts, the City Prosecutor shail not
discriminate against any person on the basis of age, sex, religious beliefs, political
affiliations, or other protected classifications under federal, state, or local laws or
regulations.
8. Work Product: All ordinances, resolutions, conespondence, and other documents
or materials drafted for the City by the City Prosecutor shall, upon their completion,
become the property of the City.
9. Insurance: The City Prosecutor agrees to maintain a valid policy of Professional
Liability Insurance for the duration of this agreement. The value of the policy shall
not be less than Five Hundred Thousand and 00/100 Dollars ($500,000).
10. Severabilitv: The City or City Prosecutar may sever the terms of this contract upon
sixty (60) days' written notice. Failure by the City or the City Prosecutor to comply
with any of the terms of this contract shall be grounds for terminating this agreement,
as shall be the City's dissatisfaction with the City Prosecutor's performance under the
agreement. Upon termination of this contract, the City shall only be responsible for
the monthly fee and any additional billings accrued as of the date of termination.
Agreed and entered into this day of , 1996.
Carl J. Newquist
NEWQUIST & EKSTRUM, CHARTERED
By
Carl J. Newquist
Its
CITY OF FRIDLEY
�
I�
William J. Nee
Mayor
William W. Burns
City Manager
1.�4
MEMORANDUM
DE�VELOPMENT DIRECTOR
DATE February 22, 1996
Wlliam� Bums Ci Manager ��
TO. , tY �
FROM: Barbara Dacy, Community Development Director
Scott Eiickok, Planning Coordinator
Michel�� McPherson, Pianning Assistant
SUBJECT: Varianc:e Request, VAR #95-23, by James Kiewel; 1631
Rice Creek Road N.E.
Request
On August 3, 1995, the petitioner originally applied for a variance to increase the siie
of a first accessory structure frorr� 1,000 square feet to 2,064 square feet, and to
increase the maximum square fo+�tage of a11 accessory structures from 1,400 square
feet to 2,064 square feet. At the City Council meeting of October 23, 1995, the
petitioner's request had been reduced to increase the maximum size of a first
accessory structure from 1,000 s��uare feet to 1,392 square feet (see attached Exhibit
A). At that time, the request was tabled at the City Council's direction to determine if
the ordinance regarding accessory structures should be ch�anged.
At its February 12, 1996 City Couincil meeting, staff discuss�ed a potential ordinance
change regarding accessory structures. City Council concurred that the ordinance
should not be changed at this tinne.
Recommendation
As was discussed at the February �2, 1996 City Council mE:eting, staff recommends
that the City Council approve Mr. Kiewel's variance request based on the following
�ndings of fact:
1. The petitioner has an unu:�ually large lot that the codle would allow a total lot
coverage of 6,887.5 square feet.
2.01
James Kiewel Variance
February 22, 1996
Page 2
2. The size of the garage approximately equais the size of the dwelling, and will
not be out of proportion with the neighborhood.
3• The lot's unique topography a�lows the structure to be built at a levei lower
than the street, thereby reducing the visual impact to adjacent properties.
Staff also recommends the following stipulations:
1. The petitioner shall provide a hardsurtace driveway to the garage addition by
October 1, 1997.
2. The accessory structure shall not be used to conduct a home occupation, as
prohibited by Section 205.03.34 of the Fridley City Code.
3• The upper level of the garage shall not be converted to living space without
application and approval of all required permits.
4. The necessary permits shall be obtained prior to construction of the proposed
addition.
MM/dw
M-96-87
2.02
DATE
September i2, 1995
October 2, 1995
October 19, 1995
VARIANCE RE��UEST VAR#95-23 REVISI��NS
S UA,ItE 1?OOTAGE
2,Ofi4
DI1�rfENSIONS
24'�,;24' upper & lower
24'x38' addition
1,77'6 24'x24' upper
24'x 12' lower
24'x38' addition
1,39:Z
E�:hibit A
2.03
24'x:?4' upper
24'x:i4' addition
i�
DESCRiPTION OF REQUEST:
The petitioner requests t,hat a variance be granted to allow a first acce.ssory struchu'e to exceed both 1,000
square feet and the first floor living area of the dwelling unit which is 1,352 square feet. The petitioner
has a two story garage and proposes to construct a 24 x 38 foot addition to the lower level of the garage
making the total square footage of the first accessory structure 2,064 square feet.
SUMMARY OF ISSUES:
Code Section 205.07.O1.B.(4).(a) require that a first accessory building shall not exceed 100% of the first
floor of the dwelling unit, or a maximum of 1,000 square feet. The accessory structui'e portion of the
code also requires that the sum of all accessory buildings not exceed 1,400 square feet.
The petitioner's request exceeds all maximums allowed by the code including the 1,400 square feet total
for all accessory structures on a property. The request also exceeds the previously granted requests.
RECOMIVIENDED ACTIONS:
Staff recommends that the City Council deny the request as proposed.
APPEALS COMMISSION ACTION:
The Appeals Commission voted unanimously to deny the request as proposed.
���
�
�
PROJECT DETAILS
Petition For: Variance to increase the ,size of a first accessory saucture from 1,000 square fcet to 2,064
square feet; allowing an accessory stcucxure to exceed the first 800r of a dwelling unit.
Location
of Property:
Legal Description
of Prnperty:
Size:
Topography:
Ezisting
Vegetatian:
Eaisting
Zoning/Platting:
Availabitity
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Engineering
Tssues:
Site Planning
Issues:
1631 Rice Creek Road
The east 145 feet front a�id rear of the south 190 feet of Lot 6, Audito�'s Subdivision Na 22,
subject to easements.
23,200 squaze feet
Sloping to the north
Typical subwban; sod, trf�s and shrubs
Auditor's Subdivision No. 22; 1939
Connected
Rice Creek Road
N/A/
N/A
2
2.05
�
DEVELOPMENT SITE
t
Section 205.07.O1.B.(4).(a) requires that a first accessory building shall not exceed 100% of the first floor area of the
dwelling unit or a maximum of 1,000 square feet.
Public putpose served by this requirement is to maintain the residential quality of the neighborhood by limiting the size
of accessory structures.
Descrintion of Pronerty and I�'istorX
The subject parcel is located north of Rice Creek Road at the border between Fridley and New Brighton. Locatetl
on the subject parcel is a single story rambler with an attached two car garage measuring 24' x 24'. The rambler has
a�-O� b�sement. The attached gazage has storage on both the upper and lower floors. The origir�al house was
constructed in 1953. In 196i, the 24' x 24' garage was constructed, as well as a 13' x 26' kitchen additioa The
property became rental in 1983.
The petitioner acquired the property in 1994. Prior to the petitioner owning the property, the properiy was the
recipient of a number of code enforcement letters. The petitioner himself was cited for worlang without appropriate
buiiding pem�its. Once notified, howeve,r, the petitioner has worked cooperatively with the Building Inspection staff
to acquire the necessary permits. Some of the construction on this site has been related to a pipe break and water
damage in the walk-out level of the home.
R uest
The petitioner requests that a variance be granted to allow a first accessory structure to excced both l,ppp square feet
and the first floor area of the dwelling unit. The petitioner proposes to constn�ct a 24' x 38' addition to the lower
level of the garage making the total square footage of the first accessory structure 2,p64 squa�-e feet. An existing
gravel drive to the lower level would require hardsurface improvements, but would provide suitable access without
major grading, tree removal, etc.
An— alvsi_s
The petitionei's request �cceds the l,ppp square foot ma�mum, the first floor area of the dwelling unit, and the 1,400
square feet of total accessory structure square footage allowed by code. The request also exceeds the previously
gi'antecl variance for maximum gara.ge azea of 1,300 square feet.
The petitioner's property measures approximately half an acre in azea. The proposed addition would be minimally
visible from the public right-of-way, and does not require any setback variances from adjacent properties.
Staff recommends that the Appeals ��on deny the request as it exceeds all previously granted requests. If the
Appeals Commission should recommend approval of the request to the City Council, staff recommends the following
stipulations:
The petitioner shall not establish a second living area, in the lower level of the dwelling unit.
2.�6
,.;�
�
�
2. The accessory structure shall not be used to conduct a home occupation as prohibited by Section
205.03.34.
3. The petitioner shall provide a harcisurface driveway by October 1, 1996.
4. The first garage shall not be comerted to living space without application and approval of all required
Pernuts•
5. The necessary permits shall be ob�tained prior to construction of the proposed addition
WEST:
SOUTH:
EAST:
NORTH:
Comprehensive
Planning �ssues:
Public Hearing
Comments:
ADJACENT SITES
Zoning: C-3, General Shopping Center
Zoning: R 1, Sing;le Family
Zoning: R 1, Sing;le Family
Zoning: Gl, Loc��l Business
4
2.�7
Land Use: Retail
Land Use: Residential
Land Use: Re�de�rtial
Land Use: Office
�.
� . ..,
. �
_=1
�
VAR ��95-23
James Kiewel
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VAR 4�95-23
� � James Kiewel
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2.09 � S1TE PLAN
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No persons in the audience spoke r rding this proposed
assessment.
MOTION by Councilwoman Bo m to close the public hearing.
Seconded by Councilwoman rgenson. Upon a voice vote, all voting
aye, Mayor Nee decl d the motion carried unanimously and the
public hearing c ed at 9:09 p.m.
0
1. RECONSIDERATION OF A VARIANCE REOUEST VAR #95 23 BY JAMES
KIEWEL TO INCREASE THE MAXIMUM SIZE OF A FIRST ACCESSORY
STRUCTURE FROM 1,000 SOUARE FEET TO 1 392 SOUARE FEET AND TO
ALLOW AN ACCESSORY STRUCTURE TO EXCEED THE FIRST FLOOR AREA
OF A DWELLING UNIT IN ORDER TO ALLOW CONSTRUCTION OF A 24 X
34 FOOT ADDITION TO AN EXISTING GARAGE GENERALLY LOCATED AT
1631 RICE CREEK ROAD N E fWARD 2)•
MOTION by Councilman Schneider to reconsider Variance Request, VAR
#95-23. Seconded by Councilman Billings. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
Mr. Hickok, Planning Coordinator, stated that Council denied this
variance request at their October 2, 1995 meeting, and staff was
to meet with the petitioner to discuss alternatives. He stated
that the petitioner, Mr. Kiewel, has revised his plans and will
keep the 576 square feet upper level garage as a garage, block-in
the lower level of the existing garage to be utilized as interior
dwelling space (this modification would eliminate 576 square feet
of accessory structure), and reduce the original request for a rear
yard attached garage from 24 by 38 feet to 24 by 34 feet. He
stated that tr;�s modified request represents a reduction in the
size of the a�L�ssory structure from 2,064 square feet to 1,392
square feet.
Councilman Schneider stated that for an attached accessory
building, the maximum variance the City has previously allowed was
1,270 square feet, as opposed to this request for 1,392 square
feet. He asked if there was anything in the code that ties in the
square footage of a lot to the size of an accessory structure.
Mr. Kiewel stated that it would be impractical for him to build
anything less than a 24 by 34 square foot structure. He stated
that he has the space, and there was no objection from his
neighbors.
Councilman Schneider stated that he would like to refer this issue
to staff to determine if the size of the garage should be tied to
the size of the lot. He felt that Mr. Kiewel has the space, but
his concern is that someone else may not have the space and it
would set a precedent.
2.10
� �
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 23 1995 PAGE 16
Mr. Kiewel stated that there is not a critical need to build the
garage at this time. He stated that he would still like this size
structure and would be open to staff reviewing Councilman
Schneider's suggestion. He stated that if he could obtain this
variance, it would help him a great deal to have the e�ctra storage
space.
Councilman Schneider felt that staff should have several months to
study this issue to determine if there should be a change in the
ordinance.
MOTION by Councilman Schneider to table action on Variance Request,
VAR #95-23 and request staff to research the idea of relating the
maximum square footage of an accessory building to overall lot
size, green space, and principal structures, and submit recommen-
dations to Council by the first meeting in February, 1996.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
NEW BUSINESS
26.
CONNECTION•
MOTION by Councilman Billings to adopt Resolut�ion No. 78-1995.
Seconded by Councilwoman Bolkcom. Upon a voi�ce vote, all voting
aye, Mayor Nee declared the motion carried uiianimously.
2%. RESOLUTI�N (`nNFTRMT1Jf• acc���w,r�*m, �ll [�TTTTRf T«,�„�,...�.�.�,-......
PROJECT NO. ST. 1992-2•
MOTION by Councilman Schneider
Councilman Billings. 'Upon a vo
declared the motion carried un,�
28.
MOTION by Councilman
Seconded by Councilw�
aye, Mayor Nee dec�az
29.
'table this item. Seconded by
vote, all voting aye, Mayor Nee
�usly. �
r�c
hneider to adopt Resolution No. 79-1995.
Jorgenson. Upon a voice vote, all voting
the motion carried unanimously.
MOTION by ouncilman Billings to table this item. Seconded by
Councilwo an Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declare the motion carried unanimously.
2.11
�
MEMORANDUM
PLArTNING DIVISION
DATE: February 21, 1996
TO: William W. Burns, City Manager ��
�
FROM: Barbara Dacy, Comraunity Development Director
Scott Hickok, Planning Coordinator
SUBJECT: Addendum to Section 8 Contract
INTRODIICTION
The City of Fridley has the opportunity to
the City of Fridley/Metropolitan Council
Services. The addendum would allow
Coordinator to provide service for clients
HISTORY
consider an addendum to
Contract for Section 8
the City's Section 8
in Spring Lake Park.
On September 19, 1994 the City of Fridley approved an amendment to
their 1988 Metropolitan Council Section 8 Service Contract. That
1994 addendum extended Pat Wolfe's Section 8 services to clients in
the City of St. Anthony. The additional income generated by the
additional client base contributed to our program's revenue stream
and helped pay overhead costs. The additional clients have been
well served and we continue to be very pleased with Pat Wolfe's
high level of professional service.
Recently, Section 8 Vouchers became portable. This means that
vouchers can be taken from city to city. As a result, Fridley has
experienced a decline in vouchers. From a one time high of over
200 vouchers, Fridley now has approximately .150 vouchers.
Aging/declining housing units have been identified as a primary
reason for the decline in voucher numbers. Through cross-
cooperation with the Cities of St Anthony (40 vouchers) and Spring
Lake Park (44 vouchers), the City of Fridley will provide service
to 234 clients and pay the entire operating expenses for the
service. Any fund balance created by additional clients may be
utilized to cover future program e�cpenses or for Section 8 approved
housing programs.
1
Section 8 Contract
February 21, 1996
PAGE 2
THE CONTRACT
The 1996 Metropolitan Council Contract Addendum is based on
familiar terms, but expands the current service area to Spring Lake
Park Section 8 Clients. Pat has agreed to the terms of the contract
on a trial.basis (pending City Council approvalj.
RI:COMMENDATION
Staff recommends approval of the Section 8 contract addendum as
proposed,
M-95-91
3.02
Contract No. C-94-63
FIRST AMENDMENT TO
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
CONTRACT FOR ADMINISTRATIVE SERVICES
CITY OF FRIDLEY
WHEREAS, Ivfinnesota Statutes section 473.195, subdivision 1(1994 & Supp. 1995) authorizes the
Metropolitan Council ("Council") to plan and administer a federal Section 8 housing assistance
payments program within the seven-county metropolitan area and to exercise the functions, rights,
duties, privileges, immunities and limitations as are provided for municipal housing and
redevelopment authorities; and
W�REAS, *he C�uncil ��nd the City of Fridley ( Contr��tor ) enterPd into Contract No. C-94-63
on Se tember 28, 1994 under which the Contractor agreed to 1perform specified Section 8 program
p
administrative services within certain jurisdictions located in the metropolitan area. .
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this
agreement, the Contractor and the Council agree Contract No. C-94-63 is amended as follows:
EXHIBIT A is amended by replacing it with the attached FIRST AMENDED
EXEDBIT A which indicates the jurisdictions within which the Contractor will provide
the specified Section 8 program administrative services.
This amendment shall cover etigible Section 8 program administrative services provided by the
Contractor within the City of Spring Lake Park on or after January 1, 1996. Except for this
amendment, the provisions of Contract No. C-94-63 shall remain in force and effect without change.
IN WITNESS WHEREOF, the Council and the Contractor have caused this amendment to be
executed by their duly authorized representatives. This amendment is effective on the date this
contract amendment is finally executed by the Council.
Approved as to form:
Assistant General Counsel
liRAl l l
METROPOLITAN COUNCIL
By:
James J. Solem, Regional Administrator
Date:
CITY OF FRIDLEY
By: _
Its:
Date:.
3.03
FIRST AMENDED EXHIBIT A
CITY OF FRIDLEY
The City ofFridley ("Contractor") shall perform the Section 8 program contract serviees within the
City of Fridley, Minnesota and within the following jurisdictions located in Anoka, Hennepin and
Ramsey Counties, Minnesota:
St. Anthony
Spring Lake Park
3.�41
i,
Contract Na
1994 CONTRACT FOR REFERENCE
SECTION 8 HOUSIlVG ASSISTANCE PAYMENTS PROGRAM
CONTRACf FOR ADMINISTRATIVE SERVICES � �
CITY OF FRIDLEY
THIS ADMINISTRATIVE SERVICES CpNTRACT is made and entered ittto by the Metropolitan
Council ("Council") and the City of Fridley ("Contractor").
WHEREAS, the Council is suthorized by Minnesota Statutes section 473.195 to function as a housing
and redevelopment authority throughout the seven-county metropolitan area and exercises its
statutory authoriry through its Housing and Redevelopment Authoriry unit; and
WHEREAS, the Council has entered into an Annual Contn'butions Contract ("ACC") with the U.S.
Department of Housing and Urban Development ("HUD") and has federal contract authority to
operate a federal Section 8 housing assistance payments program ("Section 8 program") within the
seven-county "metropolitan area" as defined by Minnesota Statutes section 473.121; and
VVHEREAS, the City of Fridley is a public body, corporate and politic, duly organized under the laws
of Minnesota and is authorized to perform the administrative seivices contemplated by this contract;
and
WHEREAS, the Ciry of Fridley performs certain Section 8 program administrative services witlun the
City of Fridley and other jurisdicdons on behalf. of the Council under a Section 8 program
administrative services contract ("Contract No. M-88-7").
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this
contract, the Ciry of Fridley and the Counc�7 agree as follows:
I. DEFINITIONS
1.01. Definition of Terms. For the purposes of this contract, the terms defined in this section have
the meanings given them in this section, except as otherwise provided or indicated by the context.
(a) "Metropolitan Council" or "CounciL" The Metropolitan Council established by Minnesota
Statutes section 473.123. When expressly stated or otherwise indicated by the context of this
contract, the term "Council" means the Metropolitan Council acting through its Housing and.
Redevelopment Authority unit ("Metro HRA").
(b) "Contractor." The City of Fridley acting though its governing body and its duly authorized or
designated employees, staff, or agents.
(c) "Section 8 program." An existing housing assistance payments program under section 8 of the
United States Housing Act of 1937, title 42, United States Code, section 1437f, as amended.
Page 1�o Qages
. 5
II. SCOPE OF SERVICES
2.01 Basic Administrative Services. The Council agrees to purchase and the Contractor agrees to
furnish the following "basic" Section 8 program administrative services:
(a) Application Processing and Lease-Up. (1) The Contractor will perform the following
application processing and lease-up activities: assisting Section 8 applicants to complete
application forms; checking each applicanYs income and family status to determine applicant
eligibility for placement on the Council's Section 8 program waiting list; determining
appropriate dwelling unit size for applicant and participant families; assisting Section 8
certificate and housing voucher holders to locate suitable dwelling units eligible for use in the
Section 8 program; certifying rent reasonableness of dwelling units selected by Section 8
certi�icate and housing voucher holders; examining leases and housing assistance payments
contracts for conformance with Section 8 program requirements prior to execution; and
certifying the accuracy and completeness oE all application and lease-up documents submitted
to the CounciL
(2) All applications shall be made on forms provided by the CounciL The Contractor will
complete and submit to the Council lease-up documents required by the Council, as may be
amended or modified from time to time by the Council.
(b) Inspection and Reinspection. (1) In addition to performing the application and lease-up
activities stated in paragraph 2.01(a), the Conttactor will inspect and reinspect dwelling units
for use in the Section 8 program. Inspections and reinspections of dwelling units shall include
a thorough and complete on-site inspection and certification of the dwelling unit sufficient
to ensure conformance with federal housing quality standards ("HQS") as set. forth in title 24,
Code of Federal Regulations, sections 882.109 and 887.251, as amended. Such inspections
and reinspections shall be made at the following times: prior to initial lease by an applicant
or participant family; prior to the annual recert�cation of a participant family; and during the
lease term as directed by Metro HRA staf� as required by title 24, Code of Federal
Regulations, sections 882.211 and 887.257, as amended,. or as required by locally established
requirements which have been approved by HUD. When Section 8 applicants or participants
move into Section 8 dwelling units, the Contractor shall complete the inspection form which
documents the move-in condition of the dwelling units. The move-in inspection shall be
performed in a timely manner and the move-in inspection form shall be completed and
submitted in a timely manner so the interests of Section 8 families, rental property owners,
and the Council are not compromised.
(2) The Contractor will conduct damage inspections as required by the Council's
procedures. The Contractor will conduct all damage inspections in a timely manner so the
interests of Section 8 families, rental property owners, and the Council are not compromised.
(3) Reports of all inspections and reinspections shall be made by the Contractor on
inspection forms provided by the Council. The Contractor agrees to fu(ly and accurately
complete all inspection forms.
(c) Ongoing Program Administration. 'The Contractor is responsible for performing the following
ongoing administrative services: conducting annual re-examinations and recertiFcations of
Section 8 program participants; maintaining Section 8 program files and records for monthly
reports; conducting, within the jurisdictions identified in Exhibit A, affirmative marketing
activities such as contacting and working with rental property owners, community groups, and
rental property management groups to encourage participation in and understanding of the
Page 2 0�11 pr�es
.V
Section 8 program; maintaining lists of available dwelling units; and promptly notifying Metro
HRA staff of any Section 8 applicant and participant problems or changes in participant
status, including but not limited to, participant evictions, mutual lease terminations,
abandonment of dwelling units, lack of proper eligi'bility documentation, changes in household
composition and income, changes in property ownership, noncompliance with housing
assistance payments contract provisions, or noncompliance with HQS requirements.
(d) Program Requirements; Training. (1) The Contractor is responsible for developing and
maintaining a thorough understanding of the Section 8 program regulations and the
requirements and procedures set forth in manuals and other materials provided by the
Council. The Contractor agrees to send a representative to all Section 8 program training
sessions conducted by the Council.
(2) The Contractor shall provide adequate staff time and office or program space to
perform the Section 8 program administrative services contemplated by this contract and shall
make staff and office or program space available to Section 8 applicants and participants
during scheduled business hours approved by Metro HRA stafi The Contractor shall provide
adequate signs and other directional materials to inform applicants and prospective applicants
about the place and manner of making application. The Contractor shall keep available for
distribution adequate brochures and other information or materials as may be prepared by the
Council and shall supplement the brochures with local informational materials as appropriate
or needed The manner of furnishing these services shall be agreed upon by the Contractor
and the Council. The Contractor and the Council shall from time to time confer about the
details of the furnishing of these services. The Contractor agrees to comply with reasonable
demands made by the Council conceming these program requirements.
(e) Notice of Actions and Claims. The Contractor will immediately notify Metro HRA staff by
telephone about any summons or other legal or judicial notices, including conciliation court
summons or notices, involving claims or disputes related to the admi�istration of the Council's
Section 8 program within the jurisdictions identified in Exhibit A. The Contractor will
con�rm its telephone notification by written notice within� three (3) business days after the
telephone notification.
2.02 Enhanced Administrative Services. At the Contractor's option, the Contractor may perform
"enhanced" Section 8 program administrative services.
(a) Additional Administrative Services. In addition to performing the "basic" Section 8 program
administrative services described in paragraph 2.01, the Contractor may perform the following
"enhanced" Section 8 program administrative services: entering file data through remote
computer connection to the Council's Section S program data files; verifying income and
other eligibility information for Section 8 applicants selected by the Council &om the
Council's Section 8 waiting list for participation in the Section 8 program; determining
applicant and participant eligibility for Section 8 program assistance; conducting Section 8
program briefing sessions for applicant families selected for participation in the Council's
Section 8 program; conducting informal hearings to review denial, reduction, or termination
of Section 8 program assistance; processing housing assistance payments contract claims Filed
by rental property owners; and conducting informal hearings to review and determine rental
property owner and Section 8 participant claim matters.
(b) Eligibiliry to Perform Enhanced Services. The Contractor may perform the "enhanced" Section
8 program administrative services described in paragraph 2.02(a), commencing on January 1
of any year, if: by June 1 preceding the January 1 start date the Contractor has provided the
Page 3 of 11 pages
3.07
.i
Council with a written notice informing the Council about the Contractor's intention to
provide "enhanced" Section 8 program administrative services starting the succeeding January
1; the Contractor has demonstrated to the Council's satisfaction that the Contractor can
successfully perform the "enhanced" administrative services; and the Contractor has received
from Metro HRA staff a written notice authorizing the Contractor to undertake and perform
the "enhanced" Section 8 program administrative seivices described.in paragraph 2.02(a).
2.03 Council Program Obligations. Unless otheiwise performed by the Contractor under paragraphs
2.01 or 2.02, the Contractor and the Council understand and agree the Contractor shall not be
required to perform the following Section 8 program seivices and activities which are the primary
responsibility of the Council: performing all areawide a�irmative mazketing activities, such as
preparing brochures and advertising, and contacting and worldng with area community groups, rental
property owners, and rental property management groups; developing and maintaining a general
applicant waiting list; selecting applicants for participation in the Section 8 program; executing
housing assistance payments contracts with rental property owners and authorizing housing assistance
payments to owners, both through month-end check runs and weekly accounts payables; making
housing assistance payments to rental property owners; conducting informal hearings to review denial,
reduction, or termination of Section 8 program assistance; conducting informal hearings to review and
determine rental property owner and Section 8 participant claim matters; providing necessary program
training for Contractor staff; preparing and providing administrative policies, operating brochures,
forms, manuals, and other Section 8 program materials; providing HQS inspection training and
monitoring HQS inspection activities; coordinating initial application processes; coordinating and
approving ten (10) percent exception rents and contacting HUD staff regarding twenry (20) percent
exception rents; coordinating incoming and outgoing portability lease-ups; providing financial program
management, including budgeting, requisitions, and monitoring; maintaining computer records for
Section 8 program participants; collecting all areawide data and preparing all housing assistance
program reports for HUD; providing necessary equal employment opportunity and affumative action
documents and activities; and performing all other matters required by the ACC between the Council
and HUD.
2.04 Area of Operation. The Council is authorized by Minnesota Statutes section 473.195 to plan
and administer a Section 8 housing assistance payments program within the seven-county metropolitan
area, including the jurisdictions identified in Fxhbit A of this contrac� The Section 8 program
administrative services contemplated by this contract shall be provided for Section 8 program
applicants and participants residing in or moving into the jurisdictions identified in Exhibit A
III. COMPENSATION AND FEE REIMBURSEMENT
3.01 Reimbursable Costs. Subject to the limitations and conditions contained in paragraphs 3.02
and 3.03, the Council shall reimburse the Contractor for the following costs and expenses actually
incurred by the Contractor in the direct provision of the Section 8 program administrative services:
employees' salaries and benefits; local transportation expenses; equipment and office furnishing
expenses or rentals; and general office expenses directly attributabie to providing the administrative
services required by this contract including, but not limited to, telephone, postage, duplicating,
printing, and general overhead_
3.02 Maximum Puyment and Fees. The Council agrees to pay the Contractor the reimbursable costs
incurred bythe Contractor in furnishing the Section 8 administrative services specified in this contract
which are reimbursable to the Council by HUD.
(a) OngoingAdministrative Fee. The Council wiil pay to the Contractor an ongoing administrative
fee on a per-unit-per-month basis. The per-unit-per-month �lat fee reimbursement amount
Page 4 oj 11 pages
3.08
�
will be adjusted (increased or decreased) whenever the administrative fee received by the
Council from HiJD for the Section 8 housing voucher or Section 8 certificate/moderate
rehabilitation programs changes: Effective ugon written notice from the Council, the per-
unit-per-month flat fee reimbursement amount will be adjusted (increased or decreased)
whenever and by the same percentage the Council's ongoing administrative fee is adjusted
(increased or decreased) by HUD. Until otherwise indicated in writing by the Counc�, the
ongoing administrative fee payable to the Contractor is twenty-one dollars ($21.00) per-unit-
per-month. Notwithstanding any other provision of this contract, the Contractor and the
Council agree the twenty-one dollar ongoing administrative fee amount is payable for Section
8 administrative services performed by the Contractor since January 1, 1994 to the date of
contract execution. The Council will make a one-time lump-sum payment to the Contractor
to effectuate the retroactive application of this provision. The lump sum payment will
represent the difference between: the payments already made to the Contractor for services
rendered from January 1, 1994 to the date of contract execution; and the current $21.00 per-
unit-per-month reimbursement amount.
(b) .Enhanced Services Administrative Fee. If the conditions stated in paragraphs 2.02(a) and
2.02(b) have been satisfied and the Contractor is performing the "enhanced" Section 8
program administrative services described in paragraph 2.02(a), the per-unit-per-month
ongoing administrative fee amount payable to the Contractor under paragraph 3.02(a) will be
increased by 12.81 percent [ ongoing administrative fee x 1.1281 ]. The 1.1281 multiplier
factor cunently represents a$269 increase in the cunent $21.00 per-unit-per-month ongoing
administrative fee.
(c) Full Utilization Limit. The Contractor agrees it shall not receive from the Council any
ongoing administrative fee payment (as adjusted or enhanced under paragraphs 3.02(a) or
3.02(b) ), or portion of such payment if such payment or portion of such payment v�n11 result
in the Council using more than one hundred (100) percent of the Council's Section 8 ACC
fund allocation from HUD.
(d) Portabiliiy Adjustment. In accordance with the portability provisions of the federal laws
� governing the Section 8 program, the Council receives from each "Initial PHA" eighty (80)
percent of the Initial PHA's ongoing administrative fee for each unit month a participant
family resides in the Councii's Section 8 operating jurisdiction under the federal portability
provisions. Accordingly, the Contractor and the Council agree that, for each unit month a
Section S family receiving Section 8 assistance under the federal portability provisions resides
in the jurisdictions identified in Exhibit A, the Contractor will receive from the Council only
eighry (80) percent of the administrative fees described in paragraph 3.02(a), and paragraph
3.02(b) as applicable.
(e) Hard-to-House Fee. Provided hard-to-house fees are reimbursed to the Council by HUD, the
Council shall pay to the Contractor on a monthly basis forty-five dollars ($45.00), or such
other increased or decreased fee amount established by law or by HUD, for each hard-to-
house family actually housed in a different unit than the family's pre-program dwelling unit.
A hard-to-house family is a family with three or more minors. A hard-to-house family is
actually housed if both a lease and a housing assistance payments contract are executed. The
hard-to-house fee is not payable to the Contractor if the hard-to-house family remains in its
pre-program dwelling unit. The Council will pay the Contractor a hard-to-house fee each
time a hard-to-house assisted family moves to another dwelling unit with continued Section
8 assistance.
Page S of 11 pages
3.09
�
3.03 Method of PaymenL Payments to the Contractor by the Councii shall be made according to
the following provisions:
(a) Invoices and Reports. The Contractor shall prepare and submit quarterly invoice/reports on
forms or in a format approved by Metro HRA stati The invoice/reports shall describe actual
administrative services performed and itemize the Contractor's reimbursable costs of
performing those services.
(b) Payment. Ongoing administcative fee, enhanced fee (if applicable), and hard-to-house fee
reimbursement payments to the Contractor will be based oa the number of units, as indicated
in Metro HItA's monthly utilization and hard-to-house reports, which are administered by the
Contractor within the jurisdictions identified in Exhi'bit A The Counc� shall pay the
Contractor for actual services rendered on a monthly basis.
3.04 Operating Reserve. During the term oF this contract, all funds received by the Contractor from
the Council pursuant to this contract must be expended for Section 8 program administrative costs
or held for future affordable housing related activities. The Contractor must maintain an operating
reserve account that must be credited with the amount by which the total of administrative fees
earned and interest eamed on the operating reserve account exceeds the Contractor's actual
_ administratiye expenses during the calendar year. The Contractor may accumulate in its local
operating reserve account up to $10,000.00 per year for future Section 8 administrative expenses or
for other affordable housing related activities.
IV. RECORDS, FILES, AND AUDITS
4.01 Records. The Contractor agrees to maintain accurate, complete, and separate accounts and
records of all expenditures of funds for which reimbursement is claimed under this agreement and
of all moneys received pursuant to this contract. Such accounts and records shal! be kept and
maintained during the term of this contract and for a period of three (3) years following the
temunation of this contrac�.
4.02 Audit and Inspection. The accounts and records maintained pursuant to this contract shall be
audited in the same manner as the other accounts and records of the Contractor and may be audited
or inspected on the Contractor's premises or othetwise by individuals or organizations designated and
authorized by the Council at any time following reasonable notification during the term of this
contract and for a period of three {3) years following the termination of this contract The
Contractor further agrees that HUD and the Comptroller General of the United States, or their duly
authorized representatives, shall have full and free access to all Contractor offices and facilities, and
to all the books, documents, papers, and records of the Contractor that are pertinent to the
performance of this contract or pertinent to the operation and management of the Section 8 program,
including the right to audit, and to make excerpts and transcripts from the books and records.
4.03 Data Privacy. The Contractor agrees to abide by the Minnesota Government Data Practices
Act and other applicable state and federal law governing private or conEdential data on individuals.
The use or disclosure of information concerning a Section 8 program applicant or participant in
violation of the Minnesota Government Data Practices Act or any other applicable state or federal
law or rule of confidentiality is prohibited, except on the written informed consent of the applicant
or participant, or as otherwise allowed or provided by state or federal law.
Page 6 oj 11 pages
3.10
V. CONTRACT TERM
5.01 Period of Performance. This contract is effective on the date this contract is finally executed
by the Council and shall continue until the earlier of the following: temunation of Section 8 program
funding by HUD; or termination of this contract by either party pursuant to paragraph 5.02 of this
contract.
5.02 Termination of Contrac� The Council and the Contractor both shall have the right to
terminate this contract at any time and for any reason by submitting written notice of termination to
the other party at least ninety (90) days prior to the specified effective date of the terminatioa In
addition, the Council shall have the right to terminate this contract on fourteen (14) calendar days'
written notice if the Contractor's performance is not timely or is substantially unsatisfactory, or if the
Contractor has violated any of the terms, conditions, or agreements contained in this contract. In
either event, on the termination of this contract all finished and unfinished documents and work
papers and products prepared by the Contractor under this contract shall become the property of the
Council. On the termination of this contract, the Contractor will be paid for administrative services
satisfactorily performed up to the date of the contract termination according to the terms stated in
article III of this contract.
VI. CONTRACT PERFORMANCE AND MODIFICATION
6.01 Assignment The Contractor shall perform with its own organization the total work provided
for under this contract and shall not assign, subcontract, sublet, or transfer any of the contract work
without the written consent of Metro HRA staff.
6.02 Prompt Payment of Subcontractors. If the Contractor receives prior written consent from the
Council pursuant to paragraph 6.01 of this contract and assigns, subcontracts, sublets, or transfers any
of the work provided for under this contract, the Contractor agrees to pay any subcontractor within
ten (10) days of the Contractor's receipt of payment from the Council for undisputed services
provided by the subcontractor(s). The Contractor further agrees to pay interest of one and one-half
(11/2) percent per month or any part of a month to the subcontractor(s) on any undisputed amount
not paid on time to the subcontractor(s). The Contractor agrees the minimum monthly interest
penalty payment for an unpaid balance of one hundred dollars ($100.00) or more is ten dollars
($10.00). For an unpaid balance of less than one hundred dollars ($100.00), the Contractor agrees
to pay the actual penalty due to the subcontractor(s).
6.03 Amendments. The terms of this contract may be changed or modified by mutual agreement of
the parties. Such amendments, changes, or modifications shall be effective only on the execution of
written amendment(s) signed by the Council and the Contractor.
VII. LIABILTTY
7.01 IndemniGcation. The Contractor agrees to indemnify and save and hold the Council, its agents,
and employees harmless from any and all claims or causes of action arising from the performance of
this contract by the Contractor or the Contractor's employees and agents. This clause shall not be
construed to bar any legal remedies the Contractor may have for the Council's failure to perform its
obligations under this contract.
7.02 Insurance. The Council assumes no liability with respect to bodily injury, illness, accident, theft,
or any other damages or losses concerning persons or property arising ouf of the use or maintenance
of Contractor's premises, equipment, or vehicles. The Contractor is responsible for providing
adequate insurance coverage to protect against legal liability arising out of the Contractor's activities
Page 'of 1� �ages
J.1 1
under this contract. Upon request from Metro HRA staff, the Contractor shall provide copies of
insurance instruments or certifications from the insurance issuing agency which show the insurance
coverage, the designated beneficiary, the parties covered, and the coverage amounts.
7.03 Independent Contractor Status. The Contractor acknowledges that the Contractor and the
Contractor's agents and employees are independent contractors under the terms and conditions of
this contract The Contractor is responsible for the employment, discharge, compensation, benefit
coverage, and supervision of all Contractor personnel, employees, and agents. The Contractor
expressly acknowledges that the Contractor attd the Contractor's personnel, employees, and agents
shall not assert any claims against the Council for unemployment, workers' compensation, or other
employee benefits of a�+ type related ta the performance of this contract
VIII. EQUAL EMPLOYMENT; NONDISCRIMINATION
8.01 Equnl Employment Opportunity. The Contractor agrees to provide equal employment
opportunities.
(a) Nondiscrimination and Affinnative Action. The Contraetor shall not discriminate against any
employee or applicant for employment because of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, disability, sexual orientation, or age.
The Contractor shall take ai�rniative action to ensure that applicants are employed; and that
employees are treated during employment, without regard to race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, disability, sexual
orientation, and age. Such action includes, but is not limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
(b) Notice Posting. The Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the nondiscrimination provisions of
paragraph 8.01(a) of this contract. The Contractor will in all solicitations or advertisements
for employees placed by or on behalf of the Contract.or state that all qualified applicants will
receive consideration for employment without regard to race, color, creed, religion, national
origin, sex, marital status, status with regard to pubiic assistance, disability, sexual orientation,
and age.
(c) Subcontracts. The Contractor agrees to incorporate the provisions of paragraph 8.01 in any
subcontracts for project work.
8.02 Equal Opportunity Compliance Reviews. The Contractor shall cooperate with the Council and
HUD in conducting compliance reviews and complaint investigations pursuant to applicabie federal
and state civil rights statutes, executive orders, and related rules and regulations.
8.03 Nondiscrimination in Housing. The Contractor agrees to comply with federal and state laws
prohibiting discrimination in housing.
{a) Federal Laws. The Contractor shall compiy with the nondiscrimination requirements of Title
Vi of the Civil Rights Act of 19b4 prohibiting discrimination based on race, color, or national
origin and Fxecutive Order 11063 with respect to those provisions prohibiting discrimination
based on religion ar sex, and with implementing HUD regulations. The Contractor shall
compiy with Title VIII of the Civil Rights Act of 1968 which prohibits discrimination in the
saie, rental or financing of housing on the basis of race, color, religion, sex, handicap, familial
Page 8 oj 11 pages
3.12
�
�
�
status, or national origin and with any implementing regulations. The Contractor shall comply
with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination against handicapped persons who would othetwise qualify to participate in the
Section 8 housing certificate or housing voucher programs and, where applicable, the Age
Discrimination Act of 1975, as amended, which prohbits discrimination on the basis of age.
Unwed parents, families with children bom out of wedlock, and recipients of public assistance
shall not be excluded &om participation in or be denied the benefit of the Section 8 housing
certifcate or housing voucher programs because of such status.
(b) State Laws. The Contractor shall comply with all applicable provisions of the Minnesota
�Iuman Rights Act.
IX. GENERAL PROVISIONS
9.01 Conflict of Interest The Contractor agrees to abide by federal and state conflict of interest
laws pertaining to the performance of this contract
(a) Federal Conflict Provisions. (1) In accordance with part II, section 2.13 of the ACC [ form
HUD-52520-E J between HUD and the Council, the Contractor shall not enter into any
contract, subcontract, or anangement in connection with the Section 8 housing certificate and
housing voucher programs in which any of the following classes of persons has an interest,
direct or ind'uect, during tenure or for one year thereafter.
(i) Any present or former member or officer of the Council or the Contractor, except
a "tenant commissioner."
(ii) Any employee of the Council or the Contractor who formulates policy or who
influences decisions with respect to the Section 8 housing certificate or housing voucher
programs.
(iii) Any public official, member of a goveming body, or state or local legislator who
exercises functions or responsibilities with respect to the Section 8 housing cert'ificate or
housing voucher programs.
(2) Any members of the classes described in paragraph 9.01(a)(1) must disclose their
interest or prospective interest to the Contractor, the Council, and HUD.
(3) The requirements of paragraph 9.01(a)(1) of this contract may be waived by HUD for
good cause. No person to whom a waiver is granted shall be permitted (in the capacity as
a member of a class described in paragraph 9.01(a)(1)) to exercise responsibilities or functions
with respect to a contract for housing assistance payment executed, or to be executed, on his
or her behalf, or with respect to a contract for housing assistance payments to which this
person is a party.
(4) No member of or delegate to the Congress of the United States of America or
resident commissioner shall be admitted to any share or part of this contract or to any
bene�ts which may arise from i�
(b) State Conflict Provisions. The members, officers, and employees of the Contractor will comply
with all applicable state statutory and regulatory conflict oE interest laws, including Minnesota
Statutes section 469.009, as amended.
Page 9; f i pages
.7. 13
9.02 Federnl Certificution Regarding Lobbying. The Contractor certifies, to the best of its
knowledge and belief, that:
(a) Use of Federal Funds. No federal appropriated funds have been paid or will be paid, by or
on behalf of the Contractor, to any person for influencing or attempting to influence an
officer or empioyee of an 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 federal
contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreemen�
(b) Disclosure. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this contract or its funding, the Contractor shall complete and
submit Standard Form-LLL, "Disclosure Fonn to Report Lobbying," in accordance with its
instructions.
(c) Certification. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. This certification is a prerequisite for
making or entering into this transaction imposed by title 31, United States Code, section 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such faiiure.
9.03 Federal Regulations; HUD and Metro HRA Policies. The Contractor agrees to perform the
Section 8 program administrative services contemplated under this contract in compliance with: parts
813, 882, 887 and other applicable provisions of title 24, Code of Federal Regulations and other
applicable provisions of the federal regulations governing the Section 8 housing assistance payments
program; applicable provisions of the HUD Handbook; the Administrative Plan for the Metropolitan
Council Housing and Redevelopment Authority, a.e amended or revised; the Metropolitan Council
Housing and Redevelopment Authority Procedures Manual, as amended or revised; HUD's Housing
Inspection Manual for the Section 8 Existing Housing Program; and all other applicabie procedures
and policies as may be provided to the Contractor.
9.04 Prohibition of Service Charges. The Contractor shail not charge any fee to any Section 8
program applicant or participant or charge any fee to any rental property owner for any Section 8
program administrative services provided under this contract
9.05 Prior Contracts. The Contractor and the Council agree this contract supersedes and replaces
Contract No. M-88-7 as amended, and any other prior Section 8 program administrative services
contracts entered into between the Council and the Contractor. Contract No. M-88-7 is terminated
upon final execution of this contract_
9.06 Warranty of Legal Cap�city. The individual signing this contract on behalf of the Contractor
represents and warrants on the Contractor's behalf that the individual is duly authorized to execute
this contract on the Contractor's behalf, and that this contract constitutes the Contractor's valid,
binding, and enforceable agreements.
Page 10 0/' 11 pages
3.14
IN WITNESS WHEREOF, the Contractor and the Council have caused this contract to be executed
by their duly authorized representatives.
Approved as to focm:
e ��
Assistant Co sel
HRA105
CTTY OF FRIDLEY
By. �
j�. Mayor
Date• September 19, 1994
3.15
Page 11 oj Il pages
MEIRO HRA (07N1)
�
EXHIBIT A
CITY OF FRIDLEy
The City of Fridley ("Contractor") shall perform the Section 8 program contract services within the
City of Fridley, Minnesota and within the following jurisdiction located in Hennepin and Ramsey
Counties, Minnesota:
St. Anthony
A-1
3.16
En9ineenn9 .
Sewer
�A'aier
F'�rk5
SI/CClS
A1alntenanco
TO: William W. Bums, City Manager �� PW96-03?
�
FROM: John G. Flora, Public Works Director
DATE: February 26, 1996
SUBJECT: Public Hearing for Alden Way improvement
At the February 12, 1996 Council meeting, the Council adopted Resolution No. 9- 1996
ordering the preliminary plans and specifications and estimates of cost #or the 1996 Street
Improvement No. ST. 1996-1 &2, which included Alden Way.
An informational meeting was held on January 30, 1996 for residents of Alden Way to
describe the project and identify citizen support. Three residents attended in support of
the project.
As a means of completing the Munieipal State Aid system and this important collector
street, recommend a public hearing be scheduled for March 18, 1996.
Recommend the City Council adopt the attached resolution receiving the plans and
specifications and calling for the public hearing for the 1996 Street Improvement Project
No. ST. 1996-1&2.
JGF:cz
Attachment
4.01
�.�
.,, .
•, . �
RF.90I�TI�i 1�U. - 1996
'J:r�• I •: ' :ral:+i � � �iI' •�'�:�i I �� I� '♦ '��1'�1'� !� �+, � '� •
' 1: :ly+� ' � •1 �'I" r� rl' •;'
•�; ,: •11 •' •f" �+:rl•.IY� � � 1' •�• � :r i:r�
'J �i' � 1 "� � ' :r I:rl '. • •
�i8, Iaesolutiori No. - 1996 adopted on the 12th day of February, 1996, by the
City C'Yxuycil, on�ered the prelimi„arv Plans, specifications and estimates of the oosts
thex�eof for the i�rovements in this project.
�i8, the vonstructian of oertain inq�rove�nexYts is dee�nad to be in the interest of
the City of Fridley and the propetty owners affectsd thereby.
�� �. B� IT RF�oIL�� by the City damcil of the City of F�idley as follo�ws:
1. �at the preliminarY �Ort sul.xnittred by Jahn G. Flara, Public Works Direct;or,
is her�by reoeived and ac�oepted.
2. 'Il�at the City Clexk shall act to asoert.ain the name and address of the awner
of each parcel of land directly affec.�ted or within the area of lar�ds as may
be pro�.�osed to be assessed for said improv�ts, and caiculate estimates of
assessments as m�Y � p� relative thereto aqairist each of said lands.
3. 'Il�at the are.a proposed to be assessed for said impmvemexYts and each of them
as r�at�ed in said notice are all the larids and areas as noted in said notice:
All of the same to be assessed proportionately according to the benefits
received.
4. That the estimates of assessments of the Clerk shall be available for
inspection to the awner of any parcel of land as may be affected thereby at
any public hearing held relative thereto, as well as at any prior time
reasonable and conveni.ent.
5. Zhat the City Clerk is authorized and direct,ed to give natioe thereof in the
official newspapex of the City of Fridley and by mailed notice to all the
property awners whose property is liable to be asses..�ed with the making of
these im�rovements ac�con�iing to law, such notice to be substantially in the
form and substance of the notice attached hereto as �ibit "A".
6. That this Council meet on the 18th day of March, 1g96, at 7:30 p.m. at the
Fridley Municipal Genter Counci.l c�ambers at 6431 University Ave., N.E.,
Fridley, MN, for the �urpose of holding a public hear�ng on the i�rovement
noted in the Notic�e attarhed hereto and made a part thereof by referex�oe,
�ibit "A".
PASSED A1�ID ADOPI�D BY Zi� CITY OO�AVCIL OF Zi� CITY OF FRIDLEY TfIIB 26TH �17f OF
FE&Rx]ARX, 1996.
ATl'ES`i�D: WILZ,IAM J. NEE - MAYOR
WILLIAM A. C�R�MPA - CITY CLERK
4.02
�} 4 r! ��' :� � � ! ;r!
(F.I�iIBIT A)
��lS N� �)� r�:fri � ��. �.� �y���,�j��."y�.11i����
��LJ �7C II�ROVH�[if1,' PROJE�CT l�U. ST. 1996 - 2
�iS, the City G'tixmcil of the City of Fridley, Anoka Oauity, M�rmesata, has dee:med
it e�edient to reoe.ive ev��me pertainirig to the imprave�nents hereinafter d�ibed.
Nl7W, T�RS�O�tE, 1�UTICS IS i�REBY GIV�T Tl�iT on the 18th day of Mat�di, 1996, at 7:30
p.m. trye city Qa�u�cil wi17. me�t at the �ialey rlmici�a]. c7ennter oonuicil t�nbers, c�431
University Ave., N.E., Fridley, NIld, ar�d will at said time and plave hear all parties
inte.rested in said improve�nts in whole or in part.
'Ihe general nature of the i�ravexaents is the oonstYUCtio� ( in the lar�d.s at�d streets
nated belaw) of the follawing in�ravements, tfl-wit: ,
����.�4�t �� �. M4��
Street impravemnents, includirig 9raditig, stabilized base, hot�nix bi.t�nnitxxa.s mat,
cor��ete curb and guttex, storm sewoex syste�a, water and sanitary sew�x, lar�dscaP�l.
and other facilities located as follaws:
STREh"1' Il�VII�i'1' P!m►TBGT 1�U. ST. 1996 - 2 BSTIl�T� 006'P: $230,000
�: � - �_� • - - � • • • - • • - •aa• I � •- • ••
Alden Way
Osborne Way north to 79th Way
All of the lar�d abuttir�g upon said streets named above and all lands within, adjaoent
and abutting thereto.
All of said lar�d to be assas_�d for �nete curb and gutter aaoording to front footage
and benefits reoeived by such impravement.
Published: FRIDLEY FOCxJS•
Febzuary 29, 1996
March 7, 1996
Marah 14, 1996
4.03
TO:
FROM:
DATE:
SUBJECT:
William W. Bums, City Manager �'"
�
John G. Flor�rublic Works Director
February 26, 1996
1995 Street Improvement Project No. ST. 1995-1&2
PW96-043
The base under the street was found to be oil stabilized sand not Class V. Class V is
required to meet State Aid standards. Change Order No. 2 adds the cost for the additionai
Class V material.
The cost for the additional Class V aggregate �vas $26,522. There were less residential
concrete driveways than projected for a deduction of $26,530. Change Order No. 2 results
in a deduction of $8.
Recommend City Council approve Change Order No. 2 for the 1995 Street Improvement
Project No. ST. 1995 - 1&2 to Hardrives, Inc. for a deduction in the amount of $8, for a
revised contract amount of $569,597.65.
JGF:cz
5.01
��
�i► •
,�. �
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FR.IDLEY, MN 55432
February 26, 1996
Hardrives, Inc.
9724 lOth Ave N
Plytnouth MN 55441
SUBJECT: Change Order No. 2, 1995 Street Improvement Project No. ST. 1995 - 1&2
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your contract for ths 1996 Street
Improvement Project No. ST. 1995 - 1&2 by adding the following wark:
Addition•
em uanti ri o t
1. Aggregate Base Class V 3,560 SY 7.45 $26,522.00
Deduction:
1. Residential Concrete Driveway (6 in.) 7�8 SY 35.00 26,530.00
TOTAL DEDUCTION . . . . . . . . . . . . . . . $ 8.Q0
TOTAL CIiANGE ORDERS•
Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $573,282.80
Contract Deduction - Change Order
No.1 ............................. .... (3,677.15)
Na2 .......................................(8.00)
REVISED CONTRACT AMOUNT 569,�A<<7 65
5.02
Hardrives, Inc.
Change Orcler No. 2
February 26, 1996
Page 2
Submitted and approved by John G. Flora, Public Works Director, on the 26th day of February, 1996.
�// �3
by
�
..� / ��
Jo . Flora, P.E.
�rector of Public Works
�
Approved and accepted this�day of_ ���, ��by
HARDRIVES, INC.
� �
J es Larson, Jr., Proje oordinator
Approved and accepted this day of , 1996 by
CITY OF FRIDLEY
William J. Nee, Mayor
William W. Burns, City Manager
Approved and accepted this day of , 1995 by
Metro Division Assistant State Aid Engineer
5.03
En9meenn9
Sewer
Waier
parks
Sttcet5
Maintenance
TO: William W. Bums, City Manager�,�� PW96-042
FROM: John G. Flora, Public Works Director
DATE: February 26, 1996
SUBJECT: Memorandum of Understanding
The Anoka County Conservat�on District has received block grant funds from the Board
of Water and Soil Resources (�WSR) to off�et the cost associated with implementing the
Wetland Conservation Act (WCA) of 1991.
The agreement with the Anoka County Conservation District will provide the City an
equal match of a maximum $1,250. The funds would be distributed on a quarterly basis
based upon the reported needs.
As a means of recouping some of the staff revie�r and cost associated with the WCA
implementation, recommend the City Council authorize the Mayor to enter into this
memorandum of understanding with the Anoka County Conservation District for sharing
in the WCA cost up to $1,250.
JGF:cz
Attachment
6.01
'_�
•_i� •.
�. � �
ANOKA CONSERVATION DISTR/CT
16015 Hwy. 65 NE, Suite 103
Ham l.ake, MN 55304
Phone: (612) 4342030 Fax: (612) 4342094
2-14-96
City of Fridley
Attn: John Flora
6431 University Ave NE
Fridley, MN 55432
Dear John Flora,
Enclosed is the MOU between the ACD and the City of Fridley for the 1996 WCA Block
Grant. Please include it on the agenda of the next board ar council meeting. Once it has
been signed, please return it to the ACD at the above address. I will have it signed on this
end and return a copy to you. Thank you for your timely response.
Respectfully,
�^
�
� �
Chris A. Lard
District Nlanager
enclosure: MOU
6.�2
MEMORANDUM OF UNDERSTANDING
between the �
ANOKA CONSERVATION DISTRICT
and the
CITY OF FRIDLEY
This memorandum of understanding is between the Anoka Conservation District,
hereinafter called ACD, and the City of Fridley, hereinafter called the LGU (Local
Governmenta( Unit).
STATEMENT OF PURPOSE
The ACD and the LGU have the common objective of properly and efficiently
implementing the Wetiand Conservation Act (WCA) of 1991. The Board of Water and
Soil Resources (BWSR) has made block grants available to counties to help offset a
portion of the costs associated with implementing this Act. The ACD, on behalf of the
County Board, has applied for funds in the amount of $1,250.00 for the City ofFridley.
As part of the block grant agreement, your agency will match this amount with cash
and/or in-kind services for activities related to the WCA. Grant amounts are subject to
fourth quarter adjustments based on reported need.
A. RESPONSIBILITIES OF THE ACD:
1. Act as the fiscal agent between the State and the LGU.
2. Reimburse the LGU on a quarterly basis for expenses incurred as a result of
imp(ementation of the WCA.
3. Verify, review and compile a(l documentation and receipts from the [,GU at year end.
Submit this information as an annual report to the BWSR.
B. RESPONSIBILITIES OF LGU:
1. Abide by the permanent rules of the WCA.
2. Maintain accurate and complete records documenting the expenses and in-kind
services that are incuned because of the WCA. (Labor, mileage, supplies, field
equipment, consultants...).
3. Submit an itemized report of expenditures, with any receipts, to the ACD at the end
of each quarter (March 31, June 30, September 30 and December 31). A form will be
sent to you for reporting purposes.
6.03
C. IT IS FURTHER UNDERSTOOD:
1. Only those LGUs who formally adopted the WCA in resolution form by January l,
1995 are eligible to participate in the grant program.
2. Incomplete or missing documentation (and receipts if appropriate), could result in the
delay and/or denia( of reimbursement for those expenses incuned.
3. If an LGU, at year end has expended more than originally requested in the grant
program, the LGU will be responsible for the shortage. '
4. If an LGU, at year end has expended tess than originally requested in the grant
program, the LGU will be reimbursed only for those WCA expenses incurred.
5. This memorandum of understanding shall commence when executed by both parties
and shall continue until year end unless; 1) BWSR will not or ceases to authorize
funding for WCA activities or, 2) negligence is evident by activities of either party.
6. Any alterations, variations, modifications or waivers of the provisions in this
agreement shall be valid only when they have been reduced to writing, signed by the
parties herein and approved by the BWSR.
7. The Program conducted will be in compliance with all requirements respecting non-
discrimination as contained in the Civil Rights Act of 1964 which provides that no
person in the United States shall, on the ground of race, color, sex, or national origin, be
excluded from participation in, be denied the benefits of, or be subject to discrimination
under any activity receiving federal and/or state assistance from the Anoka Conservation
District or any agency thereof.
ANOKA CONSERVATION DISTRICT
:
:_
John N. Anderson, Chairman
Chris A. Lord, District Manager
CITY OF FRIDLEY
DATE:
DATE:
� BI'� DATE:
r William Nee, Mayor
6.04
TO:
FROM:
DATE:
SUBJECT:
En9�reenng
Sewer
N'ater
William W. Bums, City Manager ��
�
John G. Flora, �ublic Works Director
February 26, 1996
Upfront Gang Rotary Mower
PW96-044
The 1997 Public Works Park Maintenance Capital Outlay budget identified $31,000 to
purchase an Upfront Gang Rotary Mower. On February 2l, 1996, three bids �ere received
and opened for the rotary mower.
Cushman Motor Company was low bid at $30,921.21, including tax for a Model 61 SO
Upfront Gang Rotary Mower.
Many Public works Maintenance personnel have been trained and have many hours of
experience operating this type of mower.
Recommend City Council receive and award the bid to Cushman Motor Company for the
Upfront Gang Rotary Mower in the amount of $30,921.21. •
BN/JGF:cz
Attachments
7.01
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7.02
12J17/95
CITY OF FRIDIEY
STATE OF MINNESOTA
BUDGET i996
EXPENOITURE UETAiL - L[NE lTEH DETAIL
1993 1994
ACCOUNT DESCRIPTION ACTUALS ACTUAIS
0110 PARK ALLOCATION - ELECTRIC (GARAGE 8 PARK BLD6.)
" " - NAT. GAS MINNEGASCO <6AR.)
WARMING HWSES - GAS ANO ELECTRIC (CUT 514,000)
4340 SERVICE CONTRACT-NON PROf
LEVEL TEXT
0110 VEHICIE AND EQUIPMENT SUBLET REPAIR(TOOIS,COMPRESS
RUBBISH HAULING,IANOFILL,PESTICI(49'ERS DI�IP 5700)
PARK BUILDING REPAIR(ROOF,PLUMB.NVAC CLEAN.)
ELECTRICAI REPAIRS
RADIO,PAGER,TELEPHONE REPAIRS
NEEO ANO IAWN APPLICATION "
SPRINKLER AND IRRIGATION REPAIRS
MISC. REPAIRS - SCOREBOARO -FOUNTAIN-COMPRESSOR
OIVING INSPECTION-TENNIS COURTS,FIRE EXT.
CONTRACT TREE ANO STUMP REMOVAL
fENCING/BOARD4►ALK
ANOKA CWNTY SOLID uASTE MANAGEMENT FEE
1 RENTAIS
LEVEL TEXT
0110 SATELLITE RENTAL- 49�ERS - PARKS
EQUIP.RENTALS
ESTIMATE
1995 THRWGH 1996
BUUGET 12/31/95 FINAL BUOGET
13,000
1,600
3,000
17,600
40,261 40,260 65,300
TEXT AMT
8,000
5,200
7,000
2,500
700
12,000
2,000
3,000
24,000 �
• 200
700
65,300
5,900 5,9U0 5,900
TEXT AMT
5,800
100
5,900
MISCELLANEWS
PTNT TO OTHER AGENCiES
------------ ------------ ------------ ------------ ------------
OTHER SERVICES & CHARGES 73,283 73,260 104,835
LANQ 368 368 350
LEYEL TEXT
0110 SPECIAI ASSESSMENTS
BUIID(NG
1MP OTHER THAN BUILOING
MACHINERY
LEVEL TEXT
0110 PRIORITY #1 - 1/2TON PICKUP TRUCK
STEPBUMPER,PAINT,TAX,U C.,RADIO UN�ERCOAT
PRIORITY #2 - 1-TON DUMP TRUCK
W/BOX , PAINT, STEPBUMPER,iAX & liC.
PRIORITY 4- UPfRONT GANG MONER u/WIN6
TAX
73,871
?.03
TEXT AMT
350
350
73,800 74,600
TEXT AMT
17,700
25,900
31,000 ,
TO: WILLIAM W. BURNS, CITY MANAGER �� �
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: RECEIVING BIDS AND AWARDING
A CONTRACT FOR ELECTROIVIC IMAGING
DATE: � February 23, 1996
Attached you will find the comparison of vendors that provided proposals for electronic imaging
systems. You will also find a flaw-chart of the process used to analyze and select the successful
proposal.
As you might recall, the electronic imaging system was one of the items identified in the goals
and objectives in the Finance Department/City Clerk-Records Budget. A budget was established
in the amount of $74,OOU in the Capital Improvement Fund/General Division. This project is
one of the planned steps in the continuing effort to consolidate records and to make them more
accessible to employees, Council and, eventually, the public. A networked imaging system will
reduce copies by allowing one electronic image to be available simultaneously to multiple users.
This feature, along with text search, should allow retrieval to be faster and more efficient. By
making retrieval faster, we should be able to reduce waiting time for the public when they come
to City Hall looking for a document related to their need for information. This also will provide
a change for Council as it relates to a different media for things like the City Code and other
permanent documents. At some time in the near future, we should be able to provide Council
and the public with the City Code on the Internet.
The first step in this project was to develop a request for proposal (RFP) and request vendor
solutions based on our information needs. Out of the 8 responses to the RFP only three met
minimum specifications. T'he Fina1 three vendors were then asked to provide a five year cost.
During the �nal examinations of the different systems, many issues were analyzed, including a
site visit at client locations. Of the three vendors, ASI was the lowest responsible bidder for a
multi-station electronic imaging system.
Some of the long term goals of the imaging system identified in the RFP were:
� Locate documents from any display device
• Retrieve desired documents from any display device
• Utilize consistent user interfaces
• Achieve the fastest practical response time
• Reduce storage of duplicate copies
8.01
February 23, 1996
RECEIVING BIDS AND AWARDING A CONTRACT FOR ELECTRO1vIC IMAGING
Page 2
After reviewing and grading all responses to the RFP for electronic imaging equipment, it is
staffs recommendation that the responses to the RFP be formally received by Council. It would
also be appropriate for Council to provide an award for the purchase of Electronic Imaging
Equipment to the lowest responsible bidder, Ameridata (ASn, for a 5 year cost of $76,257.
RDP/me
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CITY OF FRIDI.$Y
1riEM0 RANDIIM
TO s WILLIAM W. BIIRNB, CITY ZIANA(38R �
� -
�
FROMt RICIiARD D. PRIBYL, FINANCB DIR$CTOR
WILLIAM A. CHAMPA, CITY CLBRR
SIIBJECTt MINNESOTA LAWFQL GAMBLIN<3 PREMISL PERMIT RSNBWAL
APPLICATION FOR ALCOHOL BEVERAGS INDIIBTRI$8 BROORLYN
CENTBR WORLD ASSOCIATION
DAT$s FBBRIIARY 22, 1996
Attached is a resolution approvinq the renewal application for a
Minnesota Lawful Gambling Premise Permit for Alcohol Beveraqe
Industries Brooklyn Center Wor1d Association, formerly known as
WAABI. Gambling will be conducted at Shorewood Inn, 6161 Hiqhway
65 Northeast.
Minnesota State Statutes requires the adoption of a resolution
approving or denying any type of gambling permit.
9.01
AESOLUTION N0. - 1996
RESOLtiTION IN SUPPORT OF A RENEWAL APPLICATIOAI FOR A
1�iINNESOTA IAWFIIL GA�BLING PRE�IISE PERZtIT TO ALCOHOL
BEVERAGE INDIISTRIES BROOKLYN CENTER WORLD ASSOCIATION
WHEREAS, the City of Fridley has been served with a copy of a Renewal
Application for a t�tinnesota Lawful Gambling Premise Permit for Alcohol Beverage
Industries Brooklyn Center World Association; and
WHEREAS, the location of the Premise Permit is for Shorewood Inn, 6161 Highway
65; and
WHEREAS, the City of Fridley has not found any reason to restrict the location
for the charitable gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley
approves the Minnesota Lawful Gambling Premise Permit to Alcohol Beverage
Industries Brooklyn Center World Association.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
, 1996.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
9.02
WILLIAM J. NEE - MAYOR
CITY OF FRIDI,$Y
MEMORANDIIli
�
TO: WILLIAM W. BIIRNB� CITY MANAGSR �
FROM: RICHARD D. PRIBYL� F3NANCI� DIR$CTOR
WILLIAM A. CHAMPA, CITY CLER�
SIIBJBCTi MINNESOTA LAWF'IIL GAMBLINQ� PREMIBE PBRMIT RENEWAI,
APPLICATION FOR MOO88 LODG$ 38 �'RIDLEY
DATEi FEBRIIARY 22, 1996
Attached is a resolution approving the renewal application for a
Minnesota Lawful Gambling Premise Permit for Moose Lodqe 38
Fridley, 8298 Univer�ity Avenue Northeast.
Minnesota State Statutes requires the adoption of a resolution
approving or denying any type of gambling permit.
10.01
RESOLIITION N0. - 1996
RESOLIITION IN SUPPORT OF A RENEidAL APPLICATION FOR A
MINNESOTA IAiTFUL GAKBLING PREKISE PERiIIT TO 1�IOOSE LODGE
38 FRIDLEY
WHEREAS, the City of Fridley has been served with a copy of a Renewal
Application for a Minnesota Lawful Gambling Premise Permit for Moose Lodge 38
Fridley; and
WHEREAS, Lhe location of the Pre�ise Permit is for Moose Lodge 38 Fridley, 8298
University Avenue Northeast; and
WHEREAS, the City of Fridley has not found any reason to restrict the location
for the charitable gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley
approves the Minnesota Lawful Gambling Premise Permit to Moose Lodge 38 Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
, 1996.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
1 �.�2
WILLIAM J. NEE - MAYOR
�
CIIYOF
FRIDLEY
MEM ORANOUM
Municipal Center
6431 University Avenue Northeast
Fridley, Minnesota 55432
(612) 572-3507
FAX: {6i2) 571-1287
William C. Hunt
Assistant to ilie City Manager
Memo to: William W. Burns Ci ana er �
� h' M g �
�
From: William C. Hunt, Assistant to the City Manager ��j
Subject:
Date:
Resolution Approving Allocation of Damages and
Authorizing Their Payment
February 14, 1996
The lawsuit involving the Minnesota Police Recruitment System (MPRS) is in the
final stages of its second phase regarding remedies, that is, monetary damages and
actions required of the defendant cities in case they accept the final judgement or
lose on appeal. The MPRS Board has developed a formula for allocating the
monetary damages and plaintiffs' attomeys' fees. It will be necessary for all 36
participant cities to sign substantially the same resolution in order to be prepared
for the allocation of- damages when the judges final order is received and a
determination is made as to whether or not the cities will appeal all or part of his
order.
The attached resolution has been developed by the MPRS attorney and has been
sent to the various city attorneys for review. It appears to be in order and I request
that you present it to the eity Council for consideration at its meeting of
February-26, 1996.
WCH/jb
c: Frederick Knaak, City Attorney
David H. Sallman Public Safety Director
11.01
RESOLUTION NO. 96-
RESOLUTION APPROVING ALLOCATION OF DAMAGES
AND AUTHORIZING PAYMENT THEREOF
BE IT RESOLVED by the City Council of the City of Fridley as follows:
Section 1. Background
1.1. The City of Fridley (hereinafter referred to as the "City") is a defendant in the
cases of Starks versus Minneapolis Police Recruitment System, et at.; Hennepin
County District Court File No. EM93-219, and Fields versus Minnesota Police
Recruitment System, et al.; District Court File No. EM93-218.
1.2. The Court has concluded in said actions that the defendants violated Minnesota
Statutes, Chapter 363, the Minnesota Human Rights Act, in the administration
of the Minnesota Police Recruitment System (MPRS) testing process for entry
level police officers employment screening and that defendants are obligated to
pay certain damages and penalties.
1.3. In its order dated November 6, 1995, the Court determined that the defendant
cities are obligated to pay $156,688 in damages for lost wages and emotional
distress.
1.4. The Court has also determined that the MPRS, a joint powers organization of
which the City is a member, or was a member at the time the actions were
commenced, is obligated to pay each of the two plaintiffs punitive damages in the
amount of $8,500.
1.5. The Court has not yet made a determination as to the award of plaintiffs' costs,
disbursements, and attorneys' fees.
1.6. The Court also determined that the unlawful discrimination by the defendants
can reasonably be remedied in part by paying a statutory penalty in the amount
of $300,000 to the State of Minnesota, or in lieu of such penalty establishing a
reasonable minority race hiring commitment satisfactory to the Court. In the
event a hiring commitment is submitted to the Court which is found to be
satisfactory, it may be that the payment of a statutory penalty will not be
required.
1.7. The MPRS has proposed that the payment of monetary damages to the plaintiffs
described above in paragraph 1.3, punitive damages described above in paragraph
1.4 and plaintiffs' costs, disbursements and attorneys' fees be allocated among the
parties on the following basis:
Twenty percent (20%) of such costs would be divided equally among the 36 city
defendants, eighty percent (80%) of such damages would be divided pro rata on the
basis of the population served by the cities police departments as of the time the actions
were commenced in January of 1993. Such population would be determined on the
basis of Metropolitan Council estimates for cities in the metropolitan area. For
11.02
communities outside of the metropolitan area the population would be determined by
the State Demographer's estimates. For communities with service contracts under
which police service is provided to other municipalities, the population of such other
municipalities would be included in the computation of popularion served.
Section 2. Findings.
2.1. It is in the best interest of the City to reach mutual agreement on the allocation
of damages.
2.2. The allocation proposed by the NiPRS is found to be fair and reasonable, and
consent thereto is in the best interest of the City.
Section 3. Approvals and Authorizations.
3.1. The allocation for payment of damages, penalties, costs, disbursements and
attorneys' fees descnbed above is hereby approved.
3.2. The City consents and agrees to payment of its share of such damages, penalties,
costs, disbursements and attomeys' fees in accordance with the allocarion formula
described above.
3.3. The Mayor and the City Manager are authorized and directed to make payment
for the City's share of final judgement of such expenses in accordance wrth the
agreed upon allocation.
3.4. This resolution does not amend any previous agreement among the defendant
cities for allocation of defense costs and defendants' attomeys fees; and nothing
herein shall be deemed to be an agreement as to allocation of any statutory
penalties which may be awarded in the future.
3.5. This resolution constitutes only an agreement between and among all cities which
are defendants in the above-referenced actions, which consent and agree to the
allocation formula described above by adoption of substantially similar
resolutions. Nothing herein shall be deemed an admission of responsibility or a
liability in any action for contribution by any city which has not consented to
such allocation or a waiver by the City of any nghts, claims, demands, or causes
or action for contribution by the City against any city which has not agreed to
such allocation.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1996.
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
11.03
�
E
CffY OF
FRIDLEY
Bv:
LICENSES
FEBRIIARY 26, 1996
Seoul Oriental Foods, Inc. Sung Soo Choi
1095 East Moore Lake Dr.
Fridley, l�IN 55432
FOOD
Seoul Oriental Foods, Inc. Sung Soo Choi
1095 East Moore Lake Dr.
Fridley, MN 55432
PEDDLERS/SOLICITORSITRANSIENT MERCHANTS
Citizens for a Better Nichol Kesselring
Environment
3255 Hennepin Ave South
Minneapolis, MN 55432
�
14.01
�,pDroved Bv: Fees:
David Sallman $30.00
Public Safety
Director
David Sallman $35.00
Public Safety
Director
David Sallman Exempt
Public Safety
Director
�
`
CffY OF
FRIQLEY
LICENSES
FEBRUARY 26,1996
GAS SERVICES
Cheyenne Plbg & Htg Inc
18300 Uplander St �
Cedar MN 55011 Philip Cottrell
Commercial Plbg & Htg Inc
1562 West University Ave
St Paul MN 55104 Robert Skeie
G R Mechanical
12055 Tilton Tr
Rogers MN 55374 Greg Reinking
GENERAL CONTRACTOR-RESIDENTIAL
Master Remodeling(20012916)
32 10 Ave S
Hopkins MN 55343 Pehr Komstadius
HEATING
Commercial Plbg & Htg Inc
1562 West University Ave
St Paul MN 55104 Robert Skeie
PLUMBING
Cheyenne Plbg & Htg Inc
18300 Uplander St
Cedaz MN 55011 Philip Cottrell
Plumbing Service Center
2201 107 Ln NE
Blaine MN 55449 Bruce Swedell
14.02
RON NLKOWSKI
Building Official
Same
Same
STATE OF MINN
RON JULKOWSKI
Building Official
STATE OF MINN
Same
�.�
Eng�neenng
SeMer
Wdter
�'ri � �.5
$IfCCIS
hta,r,ten:ir.co
TO:
FROM:
William W. Bums, City Manager �(��
John G. F1ora,�Public Works Director
DATE: February 26, 1996
SUBJECT: Locke Lake Excavation Project No. 2S5
PW96-036
When Ramsey County appealed the decision of the Rice Creek Watershed District (RCWI1j
to initiate an ad valorem project for the ezcavation of sediment from Locke Lake, a number
of ineetings were held with the Locke Lake Homeowners Association. During the
meetings, it was felt by the majority of the neighborhood association that they would be
willing to contribute additional funds to expedite the Locke Lake excavation project and
close the Ramsey County legal action As a result of the legal process, mediation meetings
were held this past year with Ramsey County, the RCWD and the City. As a result of those
mediation meetings, it was agreed that the City would provide $54,000 in cash as vPell as
$52,000 worth of excavation effort to the RCWD to reduce the Ramsey County's
proportionate share by $106,000.
To obtain the necessary funds for the excavation agreement, it is proposed to initiate the
Locke Lake Excavation Project No. 2SS for the removal of sediment from the Locke Lake
basin as an equal assessment to the abutting Locke Lake homeowners for the $54,000
portion of the project. This amounts to approximately $1,286 per property.
Recommend the City Council hold the public hearing on the Locke Lake Excavation
Project No. 255 and the assessment of the improvement.
JGF:cz
Attachments
15.01
,�
. i, ..
::�_�
CITY OF PRIDLEY
NOTICE OF HEAEING ON IMPBOVEN[ENTS
LOCRE LAKE E7(CAVATION
11PHEREAS, the City Council of the City of Fridley, Anoka county, Minnesota, has deemed it
expedient to receive evidence pertaining to the improvements hereinafter described.
NOW, THEREF08E, NOTICE IS HEREBY GIVEN THAT on the 26th Day of February, 1996, at ?:30
pm, the City Council will meet at the Fridley Municipal Center Council Chambers, 6431
University Avenue NE, Fridley, MN, and will at said time and place hear all parties
interested in said improvements in whole or in part.
The general nature of the improvement is: excavation, grading, shaping and hauling of
sediment, to wit:
�� ' _� • �l __ � _ ��_
Locke Lake improvement including excavation, grading, shaping and hauling of sediment
from the basin as follows:
Locke Lake
Est. $54,000
All of the land abutting upon said lake named above and all lands within, adjacent and
abutting thereta
All of said land to be assessed equally according to the benefits received by such
improvement.
Hearing impaired persons planning to attend who need an interpreter or other persons
with disabilities who require auxiliary aids, should contact Roberta Collins at 572-3500
no later than February 19�1996..
PUBLISHED: FRIDLEY FOCUS
February 8, 1996
February 15, 1996
15.02
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POLICE DEPARTMENT
Citv of Fridley
1Vlinnesota
� TO: William W. Burns � �
�
FROM: Dave Sallman C���' '
/
DATE: February 22, 1996
MEMOI�:ANDUM
SUBJECT: Pawn Shop Ordiance Revision
Attached is the proposed ammended Pawn Shop Ordinance (Chapter 31). At
Council's �iirection, Investigator R�witzer met with representatives of the three
pawn shops operating in Fridley for the purpose of addressing problems
eatperienced in the application of the current ordinance. Investigator R�witze�'s
pcevious annotations to the proposed revision highlighted the changes and
reasons that make the changes necessary. We would also propose changing the
license fee in Chapter 11 for Pawn Shops to implement fees based on license
classes and adjustments for electronic reporting. The change in Chapter 11 will
become effective when licenses are renewed on April ls�
We are pcoposing a first reading on Febrnary 26, 1996 and the second reading
at the March 18, 1996 meeting. It is my understanding that it is not necessary to
have a public hearing for ammendment of this ordinance.
16.01
J
NO.
AN ORDINANCE RECODIFYING TIIE FRIDLEY CITY CODL, CHAPTER
31, ENTITLED '�PAWN SHOPS," BY AMENDING SLCTIONS 31.07,
31.08, 31.11, 31.12, 31.13, AND ADDING NEW SECTION 31.14,
AND RENOMBBRING TH$ REMAINING Si3CTIONB CONBECIITIVELY, AND
AMENDING CHAPTER 11, ��GBNERAL PROVISIONS AND FEEB��
The City Council of the City of Fridley does hereby ordain as
follows:
31.07 LICBNSE CLASSIFICATIONS AND FEES BSTABLISHED.
1. License Classes.
Licenses renewed under provisions of• this Chapter shall be
classified accordina to the average number of initial transactions
submitted monthly by the licensee to the Public Safety Director
during the period the licensee was in business prior to renewal.
For the purposes of this section "initial transactian" shall mean
a single reportable transaction conducted bv a pawnbroker involvinq
the initial receipt of property pawned, pledqed, sold, left, or
deposited by one person on one day at one time; not to include the
sale, redemption, renewal, extension, or confiscation of property
already in the possession of the pawnbroker. License
classifications shall be:
Class A = Licensee's that submit an average of seven
hundred fifty (750) or more initial
transactions per month.
Class B -
month.
Class C = Licensee's that submit an average of two
hundred fifty (250) or less initial
transactions per month.
All new licenses issued pursuant to this Chapter shall be deemed to
be Class A licenses and subiect to all applicable fees and
reaulations.
3�-2. Annual Fees.
The annual license fee for all licenses required by this a���
Chapter shall be in the amounts as specified in Chapter 11,
General Provisions and Fees, of the Fridley City Cade.
16.02
�3. Investigation Fees.
At the time of each original application for a license, the
applicant shall pay, in full, an investigation fee. The
investigation fee shall be as specified in Chapter ll, General
Provisions and Fees, of the Fridley City Code.
31.08 PAYMENT OF FBEB.
1. Initial Fees.
The annual license and investigation fees for a new license shall
be paid in full before the application for the license is accepted.
Upon rejection of any application for a license or upon withdrawal
of an application before approval of the issuance by the Council,
the license fee only shall be refunded to the applicant except
where rejection is for a willful misstatement in the license
application. If any investigation outside the State of Minnesota is
required, the applicant shall be charged the cost which shall be
paid by the applicant, prior to issuance of a license, after
deducting the initial investigation fee, whether or not the license
is granted.
2. Pro Rated Fee for New Licenses.
If the application for a new license under this Chapter is made
during a license year a license may be issued for the remainder of
the license year for a fee assessed proQortionalZv by the number of
months remaining in the license year. Any fraction of a month will
be counted as a complete month.
No refund, reduction or adjustment of a license f_ee shall be made
to any licensee that ceases oQeration durinct th� term of the
license.
�-3. Renewal Fees and Adjustments.
Licensee's delivering dailv reports to police via the electronic
reportincr method as outlined in section 31.11.5. shall be elictible
for an electronic reporting ad�ustment of the annual license fee at
renewal based on the number of months during the preceding license
Provisions and Fees of the Fridley City Code.
Licensee's seeking renewal shall first obtain �rom the Public
Safetv Director a statement identifvincL the class of license to be
renewed and the number of months eligible for the electronic
The annual license fee for renewal of a license, at the class
identified by the Public Safety Director, less the electronic
16.03
reporting adjustment if applicable, shall be paid in full at the
time the renewal application is filed with the City.
31.11. CONDITIONS OF LICENSEB.
1. Records.
Every licensee, at the time of receipt of an article deposited,
left, sold, purchased, pledged, or pawned, sha11 immediately
record,. in English, ,
e�-'--M -a-, :'�, ----a �.�-, on forms or in an electronic data storaqe
and retrieval svstem a�vroved by the Public Safety Director. the
following information:
A. A�r complete and accurate description of the article, �
� .
e�g�a�e��e�ee�x--�ege�re-- �-� �'� '-�e�a�ae e€��e-3aaa�r€a�t�r��-i€
�e-��s c��-�re-a��e�e. including but not limited to, any
manufacturer name, brand name, model number, serial number.
identification number, or other identifying mark.
B. The amount of money �ea�e�p�e�--er �i �--' �'� _� _� �� .
r — ---� ---
received bv the person pawninq, pledging, ar selling the
article, toqether with the annual rate of interest and the
amount reauired to redeem the article if it was tiawned or
pledged.
C. The date, time and place of receipt of the �e�a article.
D. The full name, -- ��a�„�� -aa�---, date of birth, current
address of residence, current telephone number if possessed.
and a reasonabley accurate description of the person from whom
the �e�e article was received includinq at a minimum sex.
height, weight, and race.
E. The identification number and state of issue from a valid
photo drivers license or photo identification card issued by
the state of residencv
�a--}:`���}�-„ of the person from whom the �e� article was
received.
, ' �--��es����e��s '--------•
-E-�-}—�-'if�����iF3@56�+� : a..,,.�. s r, ...�; .,,�la
-�3 �re�e��:��—�ree�roe �=--i.�.._��.� -e�en
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: a.....�.: F4 ....a_� ,�
F. The name or unicrue identifier of the licensee or
employee that conducted the transaction.
16.04
2. Disposition of Articles.
' e�e--rs--ge��-e�-�s�e� e�--e �� `�e�=ee�s e���e
�e��s��a3�-e�e�ai-�-a�--ae�et� e�-s���s�e--w����e Qa�e
*�re�eei , i�e�es���el-e�ra�gP" � ee�t�e��e �e�,-��e��e�--�l�e
a��e��-se����e�rt�€�ea�}e�--e .-,'�,._ .., a
A. When an article of pawned or pledged property is redeemed
from a licensee, the records shall contain an account of such
redemption with the date, interest charges accrued. and the
total amount for which the article was redeemed.
B. When an article of purchased or forfeited property is
sold or disposed of by a licensee and the lic�nsee receives
one-hundred dollars (S100.00� or more in navment thereof
the records shall contain an account of such sale with the
date, the amount for which the article was sold, and the full
name. current address and telephone number of the person to
whom sold.
3. Inspection of Records.
The records referred to in this section shall be open to the
inspection of the r-'__== =�r�==== Public Safety Director at all
reasonable times and shall be retained by the licensee for at least
four (4) years.
4. Receipt.
Every licensee shall deliver to the person pawning, pledging,
selling, leaving or depositing any articles, a ee��'�a� receipt
numbered to correspond with the e�t���� licensee's records.
The ^��= F� �-'-� recei�t shall contain the substance of the e��
transaction and the signature of the person from whom the item was
received.
5. Dailv Reports to Police.
A. Method.
Each licensee shall prepare and deliver to the Public Safety
Director, e�e�--��j '�=�--=== by twelve o'clock '�o noon the
first business day following the date of transaction. the
infonaation required to be collected in section 31.11.1 and
31.11. 2� err-�€e�s-��es e�� e����Ei��a-�eg�ls�,. �.. ....'-
a�-ee�p�e�e G�6gv frnm thp ra�nrr�rs l�.ga:�•,•�,•,•F�•.••• _, .,•,,:•�••a M,�.a
ri .......� �... �.Y.�.��......� ...
a-����e�ee��-ae�e�t�-e�a31 �r��--. :-��e�ge�-e-- -��
r----- - r
I / I I
99-��6�i�-°'"v�rs@-E� 13�139JB'E�6�-�Hi�Ti�-�2��@�@�liiEf---C�3j► r—�1S
���—'f xiEEl f�[i -- -r+-�9i39 8�••• �rxazi�si: 9 l�i3caa--�a�aia—Qi.-i-'r�21�E�i!
i
�e�����es9 �� ��ee�e� ; �-� , �.,.., r.,w, :
6�€e�y �===�==_ throuah one of the following methods:
16.05
� Manual Reporting.
Daily reports on forms approved by the Public Safety
Director delivered in person by the licensee or employee.
� Electronic Reporting.
Dailv reports maintained in an electronic data fornaat
meetina specifications established by the Public Safet_y
Director and delivered in person by t�e licensee or
em�lovee on electronic data storage media approved by the
Public Safetv Director or transfer.red from the licensee's
computer via modem.
B. Electronic Reporting Adiustment.
A licensee delivering daily reports via the electronic
reportina method may be eligible for an adjustment of their
annual license fee at renewal, based on the number of months
during the preceding license year that the licensee
successfully delivered daily reports to police via the
electronic reporting method. except:
� If a.licensee who has consistently delivered daily
reports via the electronic reportinq methc�d is unable to
successfully deliver the required reports via the
electronic reporting method, and the problem is
determined to be in the licensee's system and is not
corrected by the close of the second business day
following the failure, the licensee will be considered to
months that such failure continues uncorrected.
� If a licensee who has consistently delivered dailv_
revorts.via the electronic reporting method is unable to
successfullv deliver the required reports via the
electronic renortinct method, and the problem is
determined to be outside the licensee's system, the
licensee will be considered to have reported via the
electronic renorting method for the month in which the
failure occurred.
j3Z Section 31.11.5.Bf1) notwithstanding. the Public
Safetv Director mav, upon presentation of extenuatinq
circumstances, extend the period that a qualifyinq
licensee is considered to have repr�rted via the
electronic reportinct method.
6. Exceptions to Reports.
No }�se� licensee shall be required to furnish descriptions of any
property purchased from manufacturers and wholesale dealers having
an established place of business or of any goods Furchased at an
16.06
open sale from any bankrupt stock or from any other person doing
business and havi�g an established placed of business. Any goods
referred to in this section must be accompanied by a bill of sale
or other evidence of open or legitamate purchase and must be shown
to the T_l{�� T�„^-�-��} public Safety Director on demand.
�_C�_ _�_"_
7. Redemption Period.
Any person pledging, pawning or depositing an article of property
for security shall have a minimum of
ninet� (90Z days from the date
a�e��l�e of that transaction to redeem the article before �e
�� ��, �'����-�� ���`�' ��'�, �. it may be forfeited and sold. Durinct
the ninety (90� day holding period articles shall not be removed
from the licensed premises.
Licensee's are prohibited from redeeming anv article of propertv to
anyone other than the person to whom the receipt was issued; or to
any person identified in a written and natarized authorization to
redeem the article(s) of property identified in the receipt; or to
a person identified in writing by the gledqer at the time of the
initial transaction and sictned by the pledger; or with the approval
8. �P��te�B�€e�e-�e�e�a�g��-e�r-ei���� Holding Period.
No ��se�a-� article of property �ledged, nawned or on deposit for
securitv with any licensee �oa r--r=-�=j r---�'_��=a '"�so���e. �
i�-e�t-ke�w�a�3 ee�-ia� __ � _ �,� _ ,,._�....�s i-�-�d--���e_,. �.�... ... �� ��
� - r----------
�-�-tee�s�.�e-i�t-�i���ee��se ei-��i-�re��s, shall be permitted
to be redeemed €�e�-��i�e-��a����es�-ez-t��-�=r��ee �for a
period of seventy-two (72) hours from the date of transaction.
excluding Sundays and holid�s except upon written authorization
of the Public Safety Director. ,-��a �1�'�t-�i�g�a�ge�-b��
..iL.: /'1 n\ .7...... .�.. ...pei L.. L...
,.����en--���-a€-�e��re--�e�}-a�t� s�a�e�P� �.� ,
��ive-�e��e t�ie-��te--6a€e�--B��ee�e-- '�_- '�....-� a-, : "''
No article of property purchased by a licensee may be sold or
otherwise disposed of for thirty (30) days from the date of the
transaction except that articles of property for which there exists
a v.alid certificate of title issued by the State of Minnesota,
showing ownership and registration by the person from whom the
article was received may be sold or otherwise disposed of ten (10)
days from the date of transaction.
9. Police Restrictions on Sale or Redemption.
�e��- -= t-�ie-i���te--6z�€e��e��e�#�,�-7 �—r�e�t;Tv � .. , - - - --- - - - �,.
l -d
�6�1r�r9i��C..yY�1�--'�9-�P �-?----? - �� --%--�-- -°°°°-.,a °-- a.........t}
w l
e� gtr�e�ase�� t�ie-�t�e�s ee�i�e a�t�e�es
�e-�e-�e�ee�e�-e�--se�a �} � , ..
�'�i�E.`���E�--��i�@�-�6�o�`c'.z�'i--cl-�R@-Si' "'znrrr-i�li(�-�cr3c-cic�@�rti'rc
16.07
��t6 �-6�'9-�-X�-6�}-�Q=:�i9--�1�6�e--�$t�vT-S��zrzivz rtfE.' "a�l-6irr
A. Investigative Hold.
Whenever a law enforcement official from any agency, acting in
the course and scot�e of his or her duties. notifies a licensee
not to sell or permit to be redeemed an article of property in
the licensee's possession, the article may not be sold,
redeemed or removed from the premises by the licensee. The
Investictative Hold shall be confirmed in writing by the
orictinating agencv within seventy-two (72) hours and will
remain in effect for fifteen {15) days from the date of
notification, or until the hold is cancelled, or until a
Police Hold is issued pursuant to section 31.11.9.(B), or
until the article is confiscated whichever cames first.
B. Police Hold.
Whenever the Public Safety Director notifies a licensee not to
sell or permit to be redeemed an article of �roperty in the
licensee's nossession, the article may not be sold, redeemed
or removed from the premises by the licensee. The Police Hold
shall be confirmed in writing within seventy-two (72) hours
and will remain in effect for ninety (90) days from the date
of notification unless the Public Safety Director determines
the hold is still necessary and notifies the licensee in
writing. When a Police Hold is no longer needed the Public
Safety Director shall so notify the licensee.
C. Confiscation Report.
If an article of propertv in the licensee's possesion is
determined to be stolen, it may be confiscated and seized as
evidence by any police officer. A request for restitution
from any person charged in regards to the stolen property
confiscated shall be made on behalf of the licensee. When an
article of property is confiscated, the person doing so shall
provide identification upon request of the licensee, and shall
complete a conf iscation report providing at a minimum the name
and telenhone number of the confiscating agency and
investigator, and the case number of the police report related
to the confiscation. The confiscation report shall be
included with the daily reports to police, submitted by the
licensee, for review by the Public Safety Director.
10. Payment by Check.
Payment of more than five hundred dollars ($500.00� by anv licensee
for any article deposited, left, purchased, pledged or pawned shall
be made only by a check, draft or other negotiable or nonnegotiable
instrument or order of withdrawl which is drawn against funds held
by a financial institution.
11. Posting License.
16.08
All licensees shall post their licenses, in a conspicuous place, in
the licensed premises under the licensed activity.
12. Responsibility of Licensee.
The conduct of agents or employees of a licensee, while engaged in
performance of their duties for their principal or employer under
such license, shall be deemed the conduct of the licensee.
13. Penalty for Property Owner. -
It is unlawful for any person who owns or controls any real
property to knowingly permit it to be used for pawnbrokering
without a license required by this Chapter.
14. Business at Only One Place.
A license under this Chapter authorizes the licensee to carry on
its business only at the permanent place of business designated in
the license. However, upon written request, the Public Safetv
Director may approve an off-site locked and secure storacte
facility. The Iicensee shall pernait inspection of the facility in
accordance with section 31.13. All provisions of this Chapter
regarding recordkeeping and reporting applv to the facility and its
contents. Articles of property shall be stored in compliance with
all provisions of the city code.
31.12. RESTRICTED TRANSACTIONB.
1. No licensee shall be open for the transaction of business on
any day of the week before 7:00 a.m. or after 10:00 p.m.
2. No licensee shall purchase, accept, or receive �►e�ss�� anY
article of property, , from any
minor or from any person of unsound mind or from an intoxicated
person.
3. No licensee shall purchase, accept. or receive any article of
property which contains an altered or obliterated serial number or
an article of property whose serial number has been removed.
4. No licensee shall purchase, accept, or receive any article of
property knowing, or having reason to know, that the article of
property is encumbered by a security interest. For the purpose of
this section "security interest" means an interest in property
which secures payment or other performance of an obligation.
5. No licensee shall purchase, accept, or receive any article of
property, from any verson, knowing, or having reason to know, that
said person is not the true and correct owner of the property.
6. No licensee shall purchase, accept. or receive any article of
property, from any verson, without first having examined a valid
photo driver's license or valid photo identification card issued by
16.09
the state of residency of the person.
31.13 Inspection.
1. Premises.
Any licensee shall, at all times during the term of the license,
allow a�t�e�r^� ��°� ��� the Public Safety Director to enter e�
_�-r=='� the premises, where the licensee is carrying on business,
includina all off-site storage facilities as autho�ized in section
31.11.14 , durinct normal business hours, except in an emergencY,
a��-a3�-�e�e�ds-ge��re�-�e-�e e�e�a�}s�e�t�e-}��si� for the
purpose of inspectinct such uremises and inspecting the articles and
records therein to '_����_-�� locate goods supected or alledged to
have been stolen and to verify compliance with this Chapter or
other applicable laws. No licensee shall conceal any article in
his possession from �-� „�'��� �FF_=== the Public Safety Director.
�„1 C_��__ �
2. Inspection by Police or Claimed Owner.
All , articles of property coming into
the possession of any licensee, under the terms hereof, shall a�
�'a��i�es be open to inspection and right of examination of any
police officer or any person claiming to have been the owner
thereof or claiming to have had an interest therein when such
person is accompanied by a police officer.
31.14 CONDIICT OF PERSONS ON LICENSED PREMISEB.
1. No_person mav pawn, pledcte, sell, leave, or deposit any
article of propertv not their own; nor shall any person pawn,
pledge, sell, leave, or deposit the property of another, whether
with nermission or without; nor shall any person pawn, pledcte
sell, leave, or deposit any article of property in which another
has a security interest; with any licensee.
2. No minor may pawn, pledcte, sell. leave, or deposit any article
of property with any licensee.
3. No person may pawn, pledge sell leave or deposit any
article of property with any licensee without first havinq
presented a valid photo driver's license or valid photo
identification card issued by the state of residency of the person
4. Al1 licensee's shall by adequate signage and separate written
notice inform persons seeking to pawn, pledge, sell leave or
deposit articles of property with the licensee of the foregoinq
requirements.
For the t�urpose of this section "adequate signaqe" shall be deemed
to mean at least one sign of not less than four (4� square feet in
surface area, comprised of lettering of not less than three-
ctuarters (3/4) of an inch in height posted in a conspicuous place
on the licensed premises and stating substantially the followina•
16.10
TO PAWN OR SELL PROPERTY:
YOU MUST BE AT LEAST 18 YEARS OF AGE.
YOU MUST BE THE TRUE OWNER OF THE PROPERTY.
THE PROPERTY MLTST BE FREE OF ALL CLAIMS AND LIENS.
YOU MUST PRESENT VALID PHOTO IDENTIFICATION.
VIOALATION OF ANY OF THESE REOUIREMENTS IS A CRIME.
For the purpose of this section "separate written notice" shall be
deemed to mean either the receipt as reauired in section 31 11 4
or a printed form incorporating a statement to the effect that the
pawning, pledging sellinq leaving or depositing the article
5. No_person seeking to pawn, pledge, sell leave, or deposit any
article of property with any licensee shall give a false or
fictitious name; nor qive a false date of birth; nor give a false
or out of date address of residence or telephone number; nor
present a false driver's license or identification card; to any
licensee.
11.10 FEES.
Section 11.10, "Fees" is amended to include the following Pawn Shop
fees:
CODE
31
SUBJECT
Pawn Shops
Electronic Reporting
Adjustment
Investigation Fee
16. � 1
FEE
�8
Class A 515,000
Class B 512,500
Class C $]D,000
$400 per month
$400
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1995.
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
First Reading:
Second Reading:
Publication: .-
y6.12 1
MEMORAI�TDUM
DEVELOPMENT DIRECTOR
DATE: February 22, 1996
T�: �Iliam Bums Ci Mana �
� �v 9� � �
FROM: Barbara Dacy, Community Development Director
Crant Femelius, Housing Coordinator
SUBJECT: Consider 1996 Community Development Block Grant
Program _
At the February 12, 1996 pubiic hearing, staff was directed to contact Anoka Courity
to obtain answers to the questions outiined below. Staff received both written and
verbal comments from Alyce Osbom, Anoka County Community Development
Manager.
Question
If Fridley allocates more than 15% of its CDBG budget to pubiic service and
the County does not, will we be penalized?
Response
No penalty wili be imposed (see letter of 2/20/96). There is, of course, a risk of
a reduction if all of the other communities allocate 15% and Fridiey exceeds
the cap, in this case, Fridley would have to cut back. Historicaliy, most of the
cities have not allocated up to the maximum which is why we have been able
to exceed the � 5�o cap.
Question
What are the consequences of providing public service grants in amounts of
less than $5,000?
� �i
1996 CDBG Memo
February 22, 1996
Page 2
Response
Anoka County will not prevent cities from issuing grants less than $5,000. The
$5,000 threshold was a suggestion by Anoka County to primarily reduce
administration time and costs. The recommendation was based on a HUD
audit which determined that the costs to administer small grant amounts (i.e.,
$500 to $1,000) are relatively high in proportion to the grant. Staff, however,
does feel that it would be appropriate to establish a minimum grant amount to
show Anoka County and HUD that the City is taking steps to minimize
administrative costs. In iight of Anoka County's concem about small grant
amounts it seems appropriate to establish a$2,000 minimum grant amount.
Question
If we did give grants that are less than $5,000, could we mitigate the problem
by giving more money to the administrative line item?
Response
At this time Anoka County is not prepared to charge cities more to administer
the CDBG program. Although, money is a concem, HUD and Anoka County
feel that the paperwork and other tracking r�quirements are time consuming.
Revised Allocation Recommendation
Based on the information provided by Anoka County, staff recommends that the 1996
CDBG program be funded as follows:
Housing Rehabilitation $124,223
Public Service Grants $ 30,000
Anoka County Administration $ 1,000
$155,223
It should be noted that the $30,000 budgeted for public service is subject to change if
the Countar receives requests for more than 15% of its CDBG budget.
Recommendation
Staff recommends that the City Council approve the 1996 Community Development
Block Grant Program as outlined above and further authorize staff to submit an
� 7.�2
1996 CDBG Memo
February 22, 1996
Page 3
application (copy attached) to Anoka County.
Staff also recommends the Council establish a minimum grant amount of $2,000, and
direct the Human Resources Commission to begin implementation of this policy this
year.
GF/
•. ::
17.03
Funding History 1993 to 1995
Community Development Block Grant Program
City of Fridley
% of
Year Activ" A nc Descri tion Fundi� Totai
1993 1. Housinq Rehab Fridley HRA Home Improvement Grarrts $102,800 76%
II. Public Service ACCAP Senio� Outreach $5,100
Alexandra House Etnergency Shelter Program $3.500
ARC of Anoka Courrty Operating Funds $1,000
CF�4P Seif-sufficiency Programs $2,000
Central Cerrter Counseling Serv�ces $2,000
Fridley School District Youth Program $5.000
Heaith One $5,000
SACA Food Shelf $2,000
St. Wiiliarr�s Church $�,ppp
Tamarisk ResideMial Hospice Program $4,000
$30.600 23°6
III. Anoka Cou�v Admin�stration $1,000 1%
Total = $134,400
1994 I. Housinq Rehab Fridley HHA Home Improvement Grants $124,612 8096
II. Public Service ACCAP Senar Outteach Program $5,500
City of Fridley Senior Home Companion $2,500
Alexandra House Eme�gency Shelter Program $3,500
CEAP Self-sufficiet�cy Programs $3,000
Cerrtra! Ce�er Cou�ueling Services $2,000
City of Fridley Youth Programs $S,pOp
No�thwest Suburban Senior Friendship Program $500
St. Phillips Afte� School Prograrri $3.000
Tamarisk Residential Hospice Program $5,000
$30,000 19%
III. Anoka Courrtv Admin'�ation $1 �ppp 1%
Tota! _ $155,612
1995 I. Housinq Rehab Fridley HRA Home Improvement Grants $124,210 80%
II. Public Service ACCAP Senior Outreach Program $4,000
City of Fridley Senior Home Companion $3,000
Alexandra House Emerge�cy Shelter $2,000
ARC of Anoka County Toy Library $2,5pp
Banfill-Locke Art CeMer Childrens Prog�ams $1,000
CEAP Seif-suFficiency Programs $3,000
Cent�al Center Self-suff'�ciency Programs $2,000
City of Fridley Youth Rec. Programs $2,500
SACA Food Shelf $3,ppp
St. Phillips After School Program $4,000
Tamarisk Residentia! Hospice Program $3,000
. $30.000 19%
111. Anoka Courrty Admin'�stration $� ppp � 96
Total = $155,210
17.04
. :')r�' �c7'+�'F?
_Y «;i�.
;�}iti
.SY�k
.
,
FRIDLEY MUNICIPAL CENTER • E�31 UNIVERSITY AVE_ N.E. FRlDLEY, MN 55432 -(6121571-3450 - FAX (b12) 571-1287
February 14, 1996
Ms. Alyce Osborn
Community Development Manager
Anoka County Government Center
2100 3rd Avenue
Anoka, MN 55303
Dear Alyce:
*** SENT BY FAX ***
on Monday, February 12th the Fridley City Council conducted a public
hearing to consider the general funding categories for the 1996
Co�aunity Development Block Grant Program. A copy of your letter
dated December 22, 1995 regarding the program was included in the
agenda packet.
During the hearing the Council raised several questions about the.15%
public service cap and the $5,000 minimum grant amount. Specificaliy,
we would like to know the following: �' •
1. If the City allocates more than 15% of its budget for public
service activities and the County as a whole does not exceed 15%,
wili we be penalized?
2. What are the consequences of providing public service grants:in
amounts less than $5;000?
3. If the City did provide public service grants less than $5,000
could we mitigate the problem by giving more money to the
administrative line item?
Because the Council will consider formal action at its February 26th
meeting, I would greatly appreciate a written response by February 21,
1996_
17.05
�
. ,,.
Letter to Alyce Osborn
February 14, 1996 - Page 2
If you have any questions, please feel free to call me at 572-3591.
Sincerely,
�
Grant Fernelius
Housing Coordinator
GF�
C-96-24
cc: William Burns, City Manager
Barbara Dacy, Community Development Director
17.06
?�K p C�G?�
Q �
�
P
��^'N E 5��
�4LYCE A, OSBORN
Commu�ity OevelopmeM Manager
Direct N323-57�9
Grant Feme(ius
City of Fridley
fi431 University Ave.N.E.
FtidE�, k4l�� 55�32 .
L��a,- �tant:
COUNTY OF ANOKA
Offcce o%Gouernmental Services Division
GOVERNMENT CENT�R
2100 3rd Avenue • Anoka, Min�esota �5303-2265
{u12) 323-5680
February 20, 1996
I receivetf your letter regarding the questions your City Council had about the 1996 Comrnunity
Develapment Block Gra�t (CDBG) funds. The answers are shown below:
1. If the City allocates more than 15°� for pubiic services and the County as a whole does not,
Fridiey can receive #he increased senrices.
2. 1 had asked ihe ci#ies to consider allocating public services at a minimum of $5,000. Since that
time we have talked wifh the Cities about doing multi-cify contracts for many of the pub;ic services
that a num�er ot cities fund. We already do this for RISE. ARC. amd Alexandra House. This
would combine funding irrto a larger amount. Please consider administrative time vs. benefit
when funding specifi:,_. Fridley agencies, such as S#. Phillips Church, and kee� the amounts as
high as possible.
I am enclosing a tist of agencies that the County is willing #� contract with. Meals on Wheels are
not included because there are a number of them that just serve specific cities.
3. At this time we do not want to start charging some cities more for administration than others.
Er��losure
AO:
cc: Jay McLinden
Tom Durand
FAX: 323-5682
S+.i:�bre;y
�
Alyce A. Osborn
Community Develo,�ment Manag��
Govemmenta! Services
Affirmative Action J Equai Upportunity EmQloyer
�Q%
TDO/TTY: 323-5289
ri�
PUBLIC SERViCES
That Could be Incivded in a Multi-City County Contract
RlSE
ARC
Alexand�a House �
CEAP
Senior Outreach (ACCAP)
Senior Coordinator (ACCAP)
So. Anoka Community Assistance (SACA)
Northwest Suburban Kinship •
Centra! Center for Family Resources
Family Life Merrtal Health Cerrter
North Surburi�an Counseling Cente�
Tamarisk Resources *
'*Tamarisk must get a system #or determining low income households or Anoka County wili be
unable to assist them. They were infocmed of this in a monitoring visit during 1995. �
` 17.08
�.?�w� ���ti�-.�
�` ,.
O .
�
`�c�
��-
M��'NESOtP .
����
-._..�..
COUNTY OF ANOKA
Urban Anoka County Community Deve%pment B/ock Grant
GOVERNMENT CENTER
2100 3rd Avenue • Anoka, Minnesota 55303-2265 •(612) 323-5709
December 22, 1995
Mr. Grant Fernelius, Housing Coordinator
City of Fridley
6431 University Avenue N.E.
Fridley, Minnesota 55432
Dear Grant:
Attached is an estimate of the 1996 Community Development Block Grant (CDBG) that can
be used for planning 1996 activities. A work schedule for developing the grant proposal is
also attached.
The amounts shown are still estimates. Anoka County has not received any notification of
grant aflocations from HU0.
When planning, please remember that Public Services are limited to 15% of the County's HUD
allocation. If the request for public services exceeds that amount, requests will be cut. HUD
is recommending that Anoka County discourage small contract amounts for public services.
To keep administrative costs down, I am asking that you consider funding non-profits for no
less than 55,000. Perhaps looking at the residents served in your community by a non-profit
will make choices easier.
All projects must primarily benefit low income persons/households or clean up eonditions of
slum and blight. .
You will be notified soon about a meeting to discuss grant procedures.
Please cail me at 323-5709 if you have questions.
AAO:sw
Enclosures (2)
cc: Jay McLinden
Tom Durand
Sincerely,
�:�c��� �
Alyce A. Osborn
Community Development Manager
17.09
Affirmative Actio� / Equal Opportu�ity Employer
. r
Area 1
Blaine
Columbia Heights
Fridley
Anoka
Coon Rapids
Area 11
East Bethe!
Lino Lakes
Spri�g Lake Park
Andover
Ham Lake
Area iil
Ramsey
Oak Grove
Linwood
Circle Pines
Bums
Columbus
Area IV
Hilltop
Lexington
Bethel
St. Francis
Centerville
ESTIMATE
1996 CDBG Budget
5189,334
5238,370
S 155,223
S 173,323
5289,950
545,607
538,605
931,221
$57,133
542,55 7
534,772
530,61 ]
519,063
590,677
S 11,085
520,610
S 13,490
521,714
58,584
529.392
57,869
A deduction of 51,000 from each community is take� for each year of participation. The
deduction wiq be made at time of city application.
17.10
i 996 Community Deveiopment Biock
Grant Program
Applicaiion far Funding
City of Fridley
February 1996
17.11
City of Fridley
1996 Community Developme�t Block Grant Prvgram
Activi
Housing Rehab
Assistance
Public Service
Grant Pool
Anoka County
Administration
Proposed Activities and Funding Levels
�
17.12
Amount
$124,223
'� f 111
$1,000
$155,223
HUD Regulation
CFR 570.202
CFR 570.201 (e)
CFR 570.206
1. PROJECT NAME: Housing Rehabilitation of Owner-0ccupied
Single-Family Homes
IL PROJECT ACTIVITY:
1. Pro ject Location
This project wili be carried out on a City wide basis and
is available #o anv homeowner who meets the guidelines of
the proQram which are described below
2. Description of Activitv
This project provides financial assistance to very low- .
income homeowners in the form of a zero-interest, deferred
payment loan. The funds can only be used to make basic
code repairs and improvements and al! homes must meet
federal Housi�g Quality Standards upon completion of the
work.
The maximum assistance is $15,000 per household. A portion
of this amount must be repaid (without interest) upon sale of
the home.
Eligibility Requirements:
a) The applican# must be very low income (50% of inedian
income) and meet the guidelines which are based on
household size.
b) The applicant must own and live in the single-famiiy
home #o be improved.
c) The applicant mus# have less than $25,000 in assets.
K3
17.13
il. PROJECT ACTIVITY (cont.)
2. Description of Activitv (cont.)
All homes are inspected to determine eligible repairs and the
homeowner is given a scope of work, technical specifications
and assistance in obtaining quotes. A minimum of three (3)
estimates from licensed contractors are required, a�d the
homeowners must select the lowest most responsible bid.
All work is performed under a written contract between the
homeowner and the contractor and the City inspects the work
to ensure it is properly completed.
3. Number of Persons BenefittinQ
Based on past experience it is estimated that eight to ten very
low income households will benefit from this project.
4. How Do They Benefit
These households will benefit from this program by livin� in
safer, more sanitary and energy efficient housing. It is unlikely
that these households could afford to fix up #heir homes
without the assistance provided from this program.
5. Low-Income Benefit
This project will directly benefit low and moderate income
persons as defined under CFR 570.201 (e).
�.
17.14
���.
IV.
V.
VI.&
Vil.
PROJECT DURATION
A. This project will be completed within the 18 month
period. CDBG funds have been used in previous years for the
same purpose.
B. This project will be completed by no later than December
31, 1997.
Not Applicable
COMMUNITY PROBLEMS ADDRESSED
This program helps address the need for housing rehab-
ilitation and neighborhood improvement. As a first-ring suburb,
Fridiey has a considerable number of sma!ler, oider homes which
have suffered from deferred maintenance over the past several
years. This program is one component of a much larger effort to
help people fix-up and improve their homes.
FUNDING SUMMARY & COST DETAIL
Housing Rehabilitation Grants
Administration
Total
$124,223
$13,6fi5
$110,558
* The City will contract with Anoka County Community
Action Program to provide administrative services such
as inspections, work write-ups, and project monitoring.
�
17.15
VII1. PROJECT AREA
This project wili be available city-wide.
IX. LARGER EFFORT.
This project is part of a much larger effort to improve the City's �
housing stock and neighborhoods. Currently, the City and HRA
have severai housing rehabilitation programs, -a first time
homebuyer mortgage program, and a program to acquire and
remove dilapidated/substandard housing.
Over the last finro years the City and HRA have invested more than
$1.3 million in housing rehabilita#ion and homeownership programs
through a variety of funding sources.
The Fridley HRA budgeted more than $930,000 in 1995 for housing
p rog rams and has app roved $1,150,000 for 1996.
X. . CONTACT PERSON
Grant Femelius
Housing Coordinator
City of Fridley HRA
6431 University Avenue NE
Fridley, MN 55432
# 572-3591
# 571-1287 (fax)
L
17.1s
XI. EXPENSE REIMBURSEMENT
Persons authorized to request reimbursement for any expenses
inciuded in this program inciude Howard Koolick, Assistant Finance
Director and Donna Tjomhom, Accoun�ng Specialist for the City of
Fridley.
XII. Not Applicabie
7
17.17
1. PROJECT NAME Pubiic Service Gra�t Pool
11. PROJECT ACTIVITY
1. Project Location
This project will be carried out on a City-wide basis.
2. Description of Actniitv
The City of Fridley in its effort to provide needed sencices to
residents is providing assistance to community groups and
non-profit organizations to carry out ac#ivities which:
a) Provide service to predominantly lower income peopie;
or
b) Need funding for facilities, supplies, operating
expenses or staff time, but not construction; or
c) Seek CDBG funding which will not substitute for
pcevious regular funding from the City of Fridley.
3. Number of Persons Benefittina
At this time it is not possible to Qrovide information on this
matter due to the fact that no decisions have been made on
which groups to fund.
8
17.18
II. PROJECT ACTIVITY (cont)
4. How Do They Benefit
In the past, the City has funded a number of different groups
which provide a wide range of services and programs,
including referral senrices, meal programs, youth activides,
advocacy for disabled individuals, and hospice programs.
5. Low-Income Benefit
This project wiil directly benefit low to moderate income
families as defined under CFR 570.201 (e).
II1. PROJECT DURATION
A. This project will be completed within the 18 month period.
B. This project will be completed no later than December 31,
1997.
!V. Not �pplicable
V. COMMUNITY PROBLEMS ADDRESSED
This project which help the City of Fridley meet the following goals
and ob jectives:
1) To maximize the be�efits to the citizens of Fridley from the
limited resources available for public and human services
funding.
E
17,.19
V. COMMUNITY PROBLEMS ADDRESSED (cont.)
2) To cost effectively provide public and human services that
might not otherwise be provided through the public sector.
3) To provide a means of responding to the changing needs and
� interests of the community.
VI.& FUNDING SUMMARY AND COST DETAIL
VIL
Human Senrice Grant Pool $30,000
VI11. Not Applicable
IX. Not Appiicable
X. CONTACT PERSON
Kurt Schneider, Planning Assistant
City of Fridley
6431 University Avenue NE
Fridley, MN 55432 �
# 572-3595
# 571-1287 (fax)
10
17.20
Xi. EXPENSE REIMBURSEMENT
Persons au#horized to request reimbursement for any expenses
included in this program inciude Howard Koolick, Assistant Fnance
Director and Donna Tjomhom, Accounting Specialist for the City of
Frid ley.
XII. Not Applicable �
11
17.21
APPENDIX
1. Notice of Pubiic Hearing.
2. Minutes from February 12, 1996 Fridley City Council meeting
regarding 1996 CDBG program public hearing.
17.22
RSSOLOTION NO. - 1996
A RESOLIITION REPBALING RFSOLIITION NO. 25 -
1990 REQARDIN�3 TSR PAYMBNT OF PREVAILING
WAGES
WHEREAS, the City Council of the City of Fridley has adopted
Resolution No. 25 - 1990 which provides for the payment of
prevailing wages under certain circumstances.
NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 25 - 1990 is
hereby repealed.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1996.
ATTEST:
WILLIAM J. NEE - MAYOR
WILLIAM A. CHAMPA - CITY CLERK
18.01