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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 ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER � ��/G! � s�Z� �� lJ `S_ ��.c�'t (/� _ ' /, �' G`�`�':i ����' �� ��'�� ,�- «%� �' ,, LL/,� — ✓ // � 'G',�� � �Cfi� C� t�,'`��'- ���� �:�� r��?JC�' �-'�i '` �7�� ���- �Lv�r �C��.s.�1 � � �, �t.,r � � �`.`: - �� l �'� � v �> � r �,, ,. � � � ... i�' � � / /� /y 7 {f�'R � � /`��� ` '� �'/Y 6i tr✓ �7.r t..€.�� %!� L ,} � �C� ��,� �� � ? � �� �v- 5�` ,� : � . ' . J� � _r. � /'' � , ' � �� �,r�� • - . �• � � t L �'( � ��� �� � �t. �'.1� � � - �7 (- l / c u �- � C� �� � � c- ,E . . �' � t� �� ����-� b �� � � 9 � i . ,41.���,� ��= �2. : � 1. _� �1�. C`.���i' �..�-�lt��E�.J G �tS�25� c�� ��a�.i i �-/ +�� ��s��y s-� s � �Z �'�-Z�.��,+ . ��7 1 � , ,— -� _ ���-v 7 � - �- Z , � � i a'YJ2_� e � rL ' �! � C i-� � +._ � �" " ' c t"< � jC �� �'E c �`� � �_ � U y^l (� ��l �'�ai L� � � �i �` _-C ,� _ �. � �.O a �> � v- �� � s' u.�-� � `�` �f -' l�� �t�o��- � ��� . _�- ' �s s 3 z �� , �r:� �` � A u r� ��, �:� � �� � c e �� e ��� `r � t 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 ► � � 0 , 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 _ � � ��— � � 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 1�5A 1560 1586 � 1590 I u) t») tio) t�) � - 1620 � 1660 1668 1 � ) (�4J (i�) ij51� ��� {�� L591 (t:� - t�1 ��� ( �l 6!3! ttal - ; � i . ; Harris Paad � j c s� � _ ° � s ; � ._ � ��� m � p71 1 (ts) 3 i aa { � z ; �l4� 1661 � `�— � 1621 169i 1641 ]�il ; 635i t �� ( 27 � t =� � � _� ) � 30 j t Jt j t �� ` �' jb9j � - � (ts� _ I�) y, - "' Camelot Lane N.� -~— U I t�) i�I t�l (�) (�) (�l ��1. - � (�1 ��� _ � ca ( ) ' � .,__, � Gi10 q ' t S4 1 � �-�� .� cn� ��� t�� ��� � 1561 1581 s tu)- (tsl � i� f 1 _ � � � -. :' _ - i . . . . ��0� . 1 ! � ; Ma...'ra..�..�t'.. 4 i � __ .__.______ .f...,_` . . . ,. , : ; N �I�IAP 4 �- � :- : - -L-- _ �CATIC� VAR 4�95-23 � � James Kiewel . �� � �\..� G 6����:r��� e � --_ _ / U �" tJ � � � -� I . � u V �. � '�J � \ � � — � � � � C y' �:._ �. �- � ��t � ._ _ - - _ - _ - -- _ -- _ _- - - - _ �N �r a � fi' 2.09 � S1TE PLAN � '/""' � l 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 (� .,� . ,. � � W � O � � � Ei O � C3 z � � H z 0 x w a � � � 0 0 � � cc o� � � � � � � � x � w w � � A � W z A w � 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 Attachment(s) $.oz N'^ V/ O � O .r O � 0 � � � N 7 � .` � � �It N � �- O �. U � �� I � �� � d � � °' U � N NO�t� �'��� (O � T 0 d� � � � T � N � � � 'na' p� V `"/ Y/ W W � Q N0�0 �NO�D O � ti N d'� N N N (0 O tn •- N iA N � t�N�00N(1�0� � LN Q N f� � N� tt f� .� tA .- NtA�N.=MN� � ln c� �D N rn t� � X O � � Y Q.* �� � ^ N � m � C � � � � � .Q � O �+ � � d' (If m �j tn r- W i $, m � 0 � � L N � � (� � � m 0 � � c� 3 m `v' � � � � a � � � ,�N-_• N (� � l� � m � � � _ C c� O'j 1L O O�i .� �A i�� � F�- = U� a� Y v� 5�- a � �� � '� U � m � �- o E m L �o C i .� m C W � � � O O Z � � � � N m ,� � � CITY OF FRIDI.$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. $54,000 All of the land abutting upon said lake named above and all lands within, adjacent and abutting thereta All of said land to be assessed equally according to the benefits received by such improvement. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids, should contact Roberta Collins at 572-3500 no later than February 19�1996.. PUBLISHED: FRIDLEY FOCUS February 8, 1996 February 15, 1996 15.02 � rY � �� f : i + /A p1� _ .� v. •^`�5"M.� 'ty.. �..! ... ��•�.�`! \ � � /"�� f I . � . �� Y . . �� ��� ,� 5�� t �� ,� �t > ' ' " -' .c'"`��'`�' � ' �"''�. t �; �;� f � � � �� . �� / -:,.'.-7 - . T ,i ";; ,�� � .� ����� -, -��- - � y ��.�! rt^^—'TF� a'� �: ��� �.,... ;� r� ; �.7 � / � ..,� -' 7� k -:. �p �r � � ��$ `+, _ � F' �Y �� �`' 5 y, �'Y� 1 �,��r 1 �� � a � 1 � �, � �'l�� `. ( � � �� , , F�.': � ,{ } '�� � . �.• �� -:,�._,• =^-�.�;�°.�---_ 1 _ �� . ���a . , �� ��,y< \ � � \ �� .- � / ��� � '1►� � � , - �.. \\ y4._i3 T � ' 'i � �� _ ;; �� ', - `��..." �`. , `ti .� r ir;..:�. ► �` � �`I �r� �' 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 a.t,...�,. r...�... �e�--�ke—��em—�as—�eeei�e�—�ar��ane e �ro�e� : 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