06/05/2000 - 4687�
� CITY COUNCIL MEETING OF JUNE 5, 2000
CfTY OF
FRIDLEY
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.
PRESENTATION:
Recognition of Service on Commissions — Brad Sielaff
�
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Approve Tower Site Lease Agreement Between
the City of Fridley and AT&T Wireless Services
for the Purpose of Constructing a Communications
Facility, Including an Antenna Tower, Generally
Located at 53�d Avenue and Matterhorn Drive N.E.
(Ward 1) -
....................................................................................... 1
FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 2000 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
2. Approve Tower Site Lease Agreement Between
the City of Fridley and Sprint Spectrum L.P.,
for the Purpose of Constructing a Communications
Facility, Generally Located at the City of Fridley
Highway 65 Water Tower Site (Ward 1) ........................................ 3
K
3. Approve Agreement for Administrative
Services Between the City of Fridley and the
Center for Energy and Environment, Inc. -
...................................... 4 20
4. Approve Change Order No. 1 to W.B. Miller, Inc.,
for Street Improvement Project No. ST. 2000 — 1 ......................... 21 - 23
5. Resolution Ordering Preliminary Plans, -• -
Specifications and Estimates of the Costs
Thereof: Rice Creek Bank Stabilization
Phase 11, Project No. 333 .............................................................. 24 - 25
6. Resolution Receiving the Preliminary Report
and Receiving Petitions to Waive the Public
Hearing on the Matter of Construction of
Certain Improvements: Rice Creek Bank
Stabilization Phase II, Project No. 333 .......................................... 26 - 30
�
�
FRIDLEY CITY COUNCIL MEETING OF JUN:E 5, 2000 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
7. Resolution Ordering Final Plans and Estimates
of Costs Thereof: Rice Creek Bank Stabilization
Phase II, Project No. 333 .....................,......................................... 31
..
8. Resolution Receiving Final Plans and
Specifications and Ordering Advertisement
for Bids: Rice Creek Bank Stabilization
Phase II, Project No. 333 .......................,......................................... 32 - 33
9. Resolution Authorizing Anoka County Parks
and Recreation Department to Make
Improvements at Locke Park (Ward 1) ........................................ 34 - 38
10. First Reading of an Ordinance Recodifying
the Fridley City Code by Amending
Appendix F to Provide for the Adjustment of
Salaries for the Mayor and Councilmembers
in Accordance with Section 2.07 of the Charter
ofthe City of Fridley ...................................................................... 39 - 40
11. Appointment — City Employee ...................................................... 41
FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 2000 PAGE 4
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
12. Claims ....................................................................................... 42
K
13. Licenses ....................................................................................... 43 - 46
14. Estimates ...................................................................................... 47
ADOPTION OF AGENDA.
OPEN FORUM. VISITORS:
(Consideration of Items not on Agenda — 15 Minutes)
!
FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 2000 PAGE 5
OLD BUSINESS:
15. Special Use Permit Request, SP #00-06, by
Kais Guiga, Islamic Center of Minnesota, to
Allow Temporary (Modular) Classrooms,
Generally Located at 1401 Gardena Avenue
N.E. (1Nard 2) (Tabled May 8, 2000) ............................................. 48 - 54
r
16. Resolution Approving a Lot Consolidation,
LC #00-03, to Consolidate Two Individual
Parcels, Generally Located at 1413 Gardena
Avenue N.E. (By Kais Guiga, Islamic Center of
Minnesota) (Ward 2) (Tabled May 8, 2000) .................................. 55 - 59
17. First Reading of an Ordinance for a Zoning
Text Amendment, ZTA #00-01, by the City of
Fridley, Intended to Minimize Loss of Urban
Forest by Requiring Tree Preservation
Plans as Part of Subdivision Applications
(Tabled May 22, 2000) .................................................................. 60 - 63
NEW BUSINESS:
18. First Reading of an Ordinance Amending
Chapter 2 of the Fridley City Charter
(Vacancies in the Council) ............................................................ 64 - 65
FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 2000 PAGE 6
NEW BUSINESS (CONTINUED):
19. First Reading of an Ordinance Amending
Chapter 5 of the Fridley City Charter
(Initiative, Referendum and Recall) .............................................. 66 - 75
20. Informal Status Reports ................................................................ 76
ADJOURN.
: AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 5, 2000
CfTY OF
FRIDLEY
Date: 6/1/00 ,
To: William W. Burns, City Manager�,��
From: Barbara Dacy, Community Development Director, John Flora, and Public
Works Director
RE: Lease Agreement with AT& T Wireless Services, Matterhom and 53`a
Avenue
REQUEST
AT & T Wireless Services is proposing to construct a 50 foot monopole on the City owned
property where the Matterhom Water Reservoir is now located. It has been determined by
Public Works Department staff that the Water ReservoirP'Standpipe" is not suitable for antennas
to be attached to it for fear of damage to the supporting rebar within the concrete. A separate
monopole is therefore proposed.
After significant review of the site, it was determined that the monopole should be located
between the west lot line and the existing chain link fence on the west side of the Water
Reservoir/Standpipe. Location on the western part of the site would not interfere with the City's
routine operation and maintenance of the Water Reservoir/Standpipe aqd at the same time, would
permit adequate area for the wireless companies fo have its ground equipment, landscaping, and
driveway access. The monopole has been designed such that it can be expanded to 100 feet
should additional users wish to locate on the pole.
At one point, it was thought that additional property was needed from the HRA owned lot
immediately to the west, but it has determined that this is not necessary. AT & T will be
responsible for installing the driveway and appropriate landscaping. The petitioner is in the
process of developing a landscaping plan to be reviewed and approved by staff.
The lease agreement and site plans are not in electronic format and are included in the Council
weekend packet.
TERMS
The lease agreement requires a monthly payment of $1,200 up to a total of nine antennas in three
anays, and requires an additional $100 per month for each additional antenna. This rent will be
increased annually by an amount equal to the Consumer Price Index, but at minimum a 5%
increase will occur. The term of the lease is five years, with the option to extend the lease for
1
M-00-104
four additional periods of five years each. These terms are consistent with previous lease
agreements.
Exhibits B, C, and D are all in the process of being finalized. Exhibit B is the new legal
description of the portion of the site to be used by AT & T. Exhibits C and D relate to the
Access and Utility Easements which the City will grant to AT & T to permit proper access and
use of utilities. The City will finalize these exhibits prior to execution.
RECOMMENDATION
Staff recommends the City Council approve the lease agreement as presented.
2
�
: AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 5, 2000
C(TY OF
FRIDLEY
M-00-105
Date: 6/1/00
To: William W. Bums, City Manager ;����� �
From: Bazbara Dacy, Community Development Director, John Flora, and Public
Works Director
RE: Lease Agreement with Sprint Spectrum L.P., TH 65 Water Tower
REQUEST
Sprint Spectrum is proposing to affix three "sectors" of antennas on the TH 65 Water Tower.
The height of the existing water tower is 143 feet. The location of the three sectors of antennas
will be staggered at 60 feet, 70 feet, and 80 feet, and will be located at strategic points around the
tower. The antennas must be painted to match the color of the water tower. Ground equipment
wiil also be located on an existing concrete platform.
The lease agreement and site plans are not in electronic format and are included in the Council
weekend packet.
TERMS
The lease agreement requires a monthly payment of $1,200 up to a total of nine antennas in three
anays, and requires an additional $100 per month for each additional anfenna. This rent will be
increased annually by an amount equal to the Consumer Price Index, but at minimum, a 5%
increase will occur. The term of the lease is five years, with the option to extend the lease for
four additional periods of five years each. These terms are consistent with previous lease
agreements.
Exhibits B, C, and D are all in the process of being finalized. Exhibit B is the legal description
of the portion of the site to be used by Sprint Spectrum. Exhibits C and D relate to the Access
and Utility Easements which the City will grant to Sprint Spectrum to permit proper access and
use of utilities. The City will finalize these exhibits prior to execution.
RECOMMENDATION
Staff recommends the City Council approve the lease agreement as presented.
3
�
a
CRY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 5, 2000
DATE: ]une 2, 2000
TO:
FROM:
William Burns, City Manager ,�j�
�
Barbara Dacy, Community Development Director
Grant Fernelius, Housing Coordinator
..
SUBJECT: Consider Contract for Administration of CDBG Housing Rehab
Program with Center for Energy and Environment (CEE)
The Center for Energy and Environment .(CEE) has administered the City's
housing rehab programs since 1996. During that time period, CEE has expanded
their duties from administration of the HRA's 5% loan program to include the
CDBG rehabilitation grant program.
Recently, staff discovered that administrative contracts between the City and CEE
had not been executed for the CDBG program. The time period covers the 1997,
1998 and 1999 CDBG programs. Both CEE and City staff acknowledged the
oversight which as a practical matter has had no impact on the program. In
fact, the funds have been committed or spent. However, HUD requires that we
have a contract in place. - .,
Anoka County has indicated that we can adopt a single contract covering the
different funding cycles. The attached contract also includes the 2000 CDBG
program. In the future, we can simply amend the contract to add funds rather
than execute new contracts. A copy of the proposed contract is attached.
For the 1997-1999 funding cycle, CEE �will be compensated at a rate of $875 per
completed application. This equates to about 8% of the budget. For the 2000
funding cycle, CEE is requesting�a slight increase (2%) which equates to 10% of
the budget amount. CEE has indicated that it takes a significant amount of time
to process a CDBG file, particularly the inspection requirements which will
change in September to include lead-based paint testing. By way of comparison,
the City used to pay ACCAP roughly 14% for administrative services.
��
CDBG Memo
May 30, 2000
Page 2
Recommendation
Staff recommends that the City Council approve the Contract for Administrative
Services with the Center for Energy and Environment for the 1997-2000 CDBG
Housing Rehab funding cycles.
M-00-103
�
�
0
5
�
AGREEMENT FOR ADMINISTRATIVE SERVICES
between
CENTER FOR ENERGY AND ENVIRONMENT, INC.
and
CITY OF FRIDLEY
THIS AGREEMENT, made this day of June, 2000, the date of the signatures of the parties herein
notwithstanding, by and between the City of Fridley, a public body corporate and politic under the laws of the
State of Minnesota ("City"), and the Center for Energy and Environment, Incorporated� a 501(c)(3) non-profit
corporation, with its offices at 211 North 151 Street, Suite 455, Minneapolis, Minnesota 55401 ("CEE").
WITNESSETH THAT:
WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, provides for a
program of Community Development Block Grants; and
WHEREAS, the City of Fridley has submitted an application for the Urban Anoka County Community
Development Block Grant Program; and
WHEREAS, said application has received approval by Anoka County and the United States Department of
Housing and Urban Development for the expenditure of funds, in part, to deliver the Fridley Home
Improvement Grant Program (the "Program"); and
WHEREAS, CEE has agreed to administer said Program for the City, which proposal has been accepted by the
City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
1. TERM
The scope of this contract shall run from June , 2000 to December 31, 2001 unless earlier terminated as
provided herein, or until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever
occurs first. Additional deadlines are outlined in Exhibit A to this Agreement.
1of15
0
2. SCOPE OF SERVICES
(
A. CEE shall provide the following services to administer the Program:
(1) Coordinate marketing efforts with the City and answer questions from interested parties
concerning the Program. In addition, CEE shall maintain up-to-date application materials
including, but not limited to, application forms, program brochures and related literature.
(2) Receive applications from interested parties and determine eligibility status with regard to
household income, amount of assets, ownership status, type of property and other criteria as
specified by the City.
r
(3) Notify applicants in writing within 10 business days of receipt of application as to their
eligibility status. If an application is incomplete, CEE shall notify the applicant within the
10 day period to request additional information. (Applicants which qualify for the Program
are defined as "Program Recipients".)
(4) Verify property title records to determine whether applicant has good title to the property;
confirm in writing that the applicant is current on property taxes and mortgage payments and
that there are no unsatisfied judgments or liens. In addition, CEE shall prepare the necessary
Repayment Agreement to be signed and recorded prior to the start of the rehabilitation work.
(5) Within 30 business days of receipt of application, CEE shall schedule and conduct an
inspection of the applicant's property. Said inspection shall be conducted by qualified
personnel of CEE who are trained and experienced in housing rehabilitation. Said inspection
shall be used as the basis of preparing a scope of work and related project specifications. CEE
and City will meet to review minimum rehabilitation standards, eligible improvements,
minimum product quality, work write-up format, and bidding procedures. Said scope of
work shall be completed and returned to the Program Recipient within 60 days of receipt of
application.
(6) CEE shall provide guidance to the Program Recipient on obtaining estimates and assist the
Program Recipient in evaluating the estimates. Program Recipients shall have 30 days to
obtain estimates. , . ,
(7) Meet with Program Recipients to review estimates and assist them in selecting a remodeling
contractor per the Program requirements.
7
2of15
2. SCOPE OF SERVICES (cont.)
(8) CEE shall submit complete file with all original documents to the City for review and
approval. Upon City approval, CEE shall schedule and conduct a pre-construction
conference with the Program Recipients and the remodeling contractors prior to
commencement of the work. CEE shall review the responsibilities of each party, procedures
for payment and any other pertinent details. Finally, both parties shall execute a contract to
secure performance of the project and CEE shall issue a Proceed to Work Order.
(9) CEE shall insure that the successful remodeling contractor complies with the applicable HtTD
and County regulations. In addition, CEE shall monitor performance of the rehabilitation
work and assist Program Recipient in resolving disputes with the remodeling contractor and
subcontractors, as necessary.
(10) Conduct interim and final inspections and prepare the necessary documents to process
payment to the remodeling contractors.
B. In addition to the processing steps outlined above, CEE shall provide the following services:
(1) Comply with the Housing Rehabilitation Procedures Guide, as amended from time to time.
(2) Provide the City with monthly reports on the status of program applications.
(3) Make payments to remodeling contractors on a timely basis, in compliance with the Federal
"three-day rule".
(4) Acquire mechanic's liens from all contractors, subcontractors, and material suppliers, prior to
release of any payments.
C. CEE shall proceed with the administration of the Program as contained in the Program Budget,
attached as Exhibit A and made a part of this Agreement by reference, representing CEE's minimum
responsibilities to the extent that said proposals have not been accomplished prior to the date of this
Agreement as entered into and to the extent said proposals do not contradict the standards and
requirements referred to above.
3of15
•,
Z. SCOPE OF SERVICES (cont.)
D. It shall be the responsibility of CEE to meet all standards and satisfy all requirements expressed in
Title I of the Housing and Community Development Act of 1974 as amended and the HLTD
Implementary Regulations at 24 CFR, Part 570, and any other applicable federal statutes, rules, or
regulations established now or hereafter, and any applicable statutes, rules, regulations, or guidelines
established now or hereafter by the State of Minnesota or any of its agencies. Should it appear to
CEE at any time during the course of implementing said project, that the work to be done has not
been explained or described in sufficient detail, or with sufficient clarity, or should it appear that any
plan, proposal, or other material conflict with any standazds or requirements imposed by statute,
regulation, or HUD, CEE shall promptly contact the City's Housing Coordinator or other designated
representative. In no event shall CEE proceed with administration of said groject in uncertainty.
CEE shall comply with the following requirements and standards of OMB Circular No. A-122, "Cost
Principles for Non Profit Organizations" or ONIB Circular No. A-21, "Cost Principles for
Educational Institutions", as applicable, and with the following Attachments to OMB Circular No.
A-110:
(1) Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance;
(2) Attachment B, "Bonding and Insurance";
(3) Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the
provisions of paragraph 4, the retention period for records pertaining to individual CDBG
activities starts from the date of submission of the annual performance and evaluation report,
as prescribed in 570.507, in which the specific activity is reported on for the final time;
(4) Attachment F, "Standards for Financial Management Systems";
(5) Attachment H, "Monitoring and Reporting Program Performance", paragraph 2;
(6) Attachment N, "Property Management Standards", except for paragraph 3 concerning the
standards for real property, and except that paragraphs 6 and 7 are so modified so that
(i) In all cases in which personal property is sold, the proceeds shall be program income,
and
(ii) Personal property not needed by the subrecipient for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient; and
(7) Attachment O, "Procurement Standards".
4of15
E
3. PROJECT METHODOLOGY AND PROCEDURE
CEE, in providing the services described in Section 2 of this Agreement, shall employ methods and procedures
that are deemed to be appropriate, reliable, and professional by individuals, firms, and associations regularly
engaged in work of a similar nature. The methods and procedures employed shall include those required by the
sources of authority specified in Section 2, herein, but shall not necessarily be limited to such methods and
procedures.
4. PROJECT EVALUATION AND ACCEPTANCE
In order that the City may be kept informed of CEE's progress and properly evaluate the success of CEE in
achieving the Agreement goals, the City may make suggestions, criticisms, and recomrriendations to CEE and
CEE shall on a monthly basis and at other times upon request by the City, send a written progress report to the
City's Housing Coordinator. Said report shall a) summarize the activities and progress of CEE to date, b) detail
special problems or difficulties that have arisen during the course of the project which need to be brought to the
attention of the City and c) summarize any other information, problems, or proposals which the City needs to
know in order to properly evaluate the actions of CEE in working towards the Agreement goal. CEE shall
thoroughly and conscientiously implement the proposals, recommendations, and criticisms of the City or its
designated representative, in writing, before proceeding further with the implementation of the program so that
the goals of this Agreement may be met to the satisfaction of the City.
Any deviations from the goals, standards, and requirements of the project as determined by said designated
representatives of the City shall be conected by CEE before proceeding further with the implementation of said
proj ect.
5. PROJECT ADMINISTRATION, PERSONNEL, AND RECORDS
A. CEE shall engage in the implementation of the Program, such individuals as aze necessary for its
proper completion. CEE warrants and represents that all of its employees shall be properly trained,
competent and qualified to perform the tasks assigned to them. CEE shall provide the City with such
information regarding the qualifications of said individuals as required,by the City to verify that
present and subsequent services are being rendered by competent and trained people. All individuals
engaged by CEE to perform services under this Agreement must receive express approval of the City
before commencing any services under the Agreement. Any or all of said individuals may be regular
employees of CEE or may be specifically employed by CEE as independent CEEs to work on the
implementation of said project. However, CEE shall not subcontract with any other firms,
associations, consulting agencies, or other organizations for the implementation of the Program,
without the expressed written approval of the City.
Sof15
W
5. PROJECT ADMINISTRATION, PERSONNEL, AND RECORDS (cont.)
B. CEE shall maintain records on all individuals employed by it in the implementation of the Program.
Said records shall show the name and qualifications of each such individual, the hourly rate of pay
for each such individual, and the number of hours worked by each such individual, and the days on
which such hours were worked. CEE shall also maintain, and complete in correct form, all other
records required by the rules, regulations, or guidelines of HCTD or by Title I of the Housing and
Community Development Act of 1974 as amended and the HUD Implementary Regulations at 24
CFR, Part 570. CEE further agrees to maintain all such required records for three years after receipt
of final payment or until all other pending matters are closed.
6. DATA PRIVACY
r
All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of
CEE's performance of this Agreement is governed by the Minnesota Government Data Practices Act,
Minnesota Statutes 1997, Section 13.01 et. seq. or any other applicable State statutes and any State rules
adopted to implement the Act, as well as State statutes and Federal regulations on data privacy. CEE agrees to
abide by these statutes, rules, and regulations and as they may be amended.
7. NONDISCRIMINATION
A. General
CEE shall comply with all federal, state, and local laws prohibiting discrimination on the basis of
age, sex, marital status, race, creed, color, national origin, sexual orientation, or the presence of any
sensory, mental, or physical handicap or any other basis now or hereafter prohibited by Law. These
requirements are specified in Section 109 of the Housing and Community Development Act of
1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VIII; Executive Order
11063; Executive Order 11246; Section 3 of the Housing and Urban Development Act of 1968; and
Minnesota Statutes Chapter 363. Specifically, the CEE is prohibited from taking any discriminatory
actions defined in the H[TD Regulations at 24 CFR 570.602(b) (1-3.) and shall take such affirmarive
and corrective actions as are required by the Regulations at CFR 570.602(b)(4).
B. Program Benefit
CEE shall not discriminate against any resident or Program recipient by denying benefit from or
participation in any block grant funded activity on the basis of race, color, sex, or national origin.
(Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VII; Section 109, Housing and
Community Development Act of 1974).
6of15
11
7. NONDISCRIMINATION (cont.)
C. Fair Housine
CEE shall take necessary and appropriate actions to prevent discrimination on the basis of Minnesota
state law or federal law in federally assisted housing and lending practices related to loans insured or
guaranteed by the federal government (Civil Rights Act of 1968, Title VII; Executive Order 11063;
Minnesota Statutes Chapter 363).
D. Em�lovment
In a11 solicitations under this Agreement, CEE shall r
l. State that all qualified applicants will be considered for employment. The words "equal
opportunity employer" in advertisements shall constitute compliance with this section.
2. CEE shall not discriminate against an employee or applicant for employment in connection
with this Agreement because of age, marital status, race, creed, color, national origin, sexual
orientation, or the presence of any sensory, mental, or physical handicap, except when there
is a bona fide occupational limitation. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion or transfer, recruihnent or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection
for training. (Executive Order 11246 as amended and Minnesota Statutes Chapter 363.)
3. To the greatest extent feasible, CEE shall provide training and employment opportunities for
lower income residents within the area served by block grant assisted projects (Section 3,
Housing and Community Development Act of 1968, as amended).
E. Contractor's and Suppliers
1. No contractor, subcontractor, union, or vendor engaged in any activity under this Agreement
shall discriminate in the sale of materials, equipment, or labor on the basis of age, sex,
marital status, race, creed, color, national origin, sexual orientation, or the presence of any
sensory, mental, or physical handicap. Such practices include upgrading, demotion,
recruiting, transfer, layoff, termination, pay rate, and advertisement for employment.
(Executive Order 11246 as amended and Minnesota Statutes Chapter 363).
2. All firms and organizations described above shall be required to submit to the Agency
certificates of compliance demonstrating that they have, in fact, complied with the foregoing
provisions; provided, that certificates of compliance shall not be required from firms and
organizations on contracts and/or yearly sales of less than $10,000.
7of15
12
7. NONDISCRINIINATION (cont.)
3. To the greatest extent feasible, CEE shall purchase supplies and services for activities under
this Agreement from vendors and remodeling contractors whose businesses are located in the
area served by block grant funded activities or owned in substantial part by project area
residents. (Section 3, Housing and Community Development Act of 1968, as amended.)
F. Notice
CEE shall include the provisions of the appropriate subsections A, B, C, D, and E of this
section in every contract or purchase order for goods and services under this Agreement and
shall send to each labor union or representative of workers with whiCh it has a collective
bargaining Agreement or other contract or understanding a notice advising the said labor
union or worker's representative of the commitments made in these subsections.
2. In advertising for employees, goods, or services for activities under this Agreement, CEE
shall utilize minority publications in addition to publications of general circulation.
8. EARLY TERMINATION
This Agreement may be terminated by the City at any time, with or without cause, upon 30 days written notice,
delivered by mail or in person, to CEE. This Agreement may be terminated by the City immediately upon the
receipt by the City of notice of the loss of federal funding for the Community Development Block Grant
Program (CDBG). For purposes of giving notices hereunder, the address of CEE is 211 North 1$` Street, Suite
455, Minneapolis, Minnesota 55401. Upon termination, CEE shall be entitled to receive as compensation,
payment for work actually performed to the date of termination as determined by the schedule of payment
referred to in Section 10 (Compensation).
9. DEFAULT AND REMEDY
A. Any of the following constitutes a default on the part of CEE: ,
(1) Failure to proceed with the implementation of the Program at a pace reasonably
calculated to implement such program within the time limits stated herein;
(2) Failure to conscientiously abide by the directions of the City.
(3) Failure to abide by any other term or condition of this Agreement.
8of15
13
9. DEFAULT AND REMEDY (con�)
B. In the event of default, the City shall have the option of terminating this Agreement upon written
notice of termination sent to CEE at its address written above. Termination shall be effective
immediately upon receipt of notice of termination by CEE, or at such later date as the written notice
shall state. Upon termination, the City may recover from CEE any and all damages directly or
consequently arising out of the breach of this Agreement or failure to perform the same by CEE.
10. COMPENSATION
A. Administrative Services
As compensation for the services to be performed hereunder, CEE shall be paid the following rates:
Funding Cycle Administration Amount
1997 CDBG Funds $875 per grant application
1998 CDBG Funds $875 per grant application
1999 CDBG Funds $875 per grant application
2000 CDBG Funds 10% of the rehabilitation program budget, not to exceed $11,688
CEE shall invoice the City for services rendered after the rehab project is completed. The City shall
provide CEE with the appropriate forms and documents to submit for reimbursement.
B. Rehabilitation Assistance
CEE shall submit a separate invoice for each grant made, but only after the rehabilitation project is
complete. The invoice shall state, at a minimum, the name of the Program Recipient, their address,
and the full amount of grant. Within 15 days of receipt of the invoice, the City shall remit to the
CEE a check for the amount of the grant. CEE shall issue payment to the remodeling contractors
after the work is completed. Before issuing payment to a remodeling contractor, CEE must do the
following:
(1) Inspect the work to ensure that it has been completed satisfactorily.
(2) Obtain a signed lien waiver from remodeling contractors, sub-contractors and/or material
suppliers for the amount of the work.
(3) Obtain the signatures of the homeowner and the remodeling contractors.
(4) Verify with the City that a permit has been obtained for the work performed and that the
remodeling CEE is properly licensed.
9of15
14
11. INDEPENDENT CONTRACTOR
The relationship of CEE to the City is that of an independent contractor. Nothing in this Agreement shall be
construed so as to deem any employee or agent of CEE an employee of the City for any purpose.
12. GOODS AND SERVICES NOT PROVIDED FOR
No claim for goods or services furnished by CEE not provided for by the terms of this Agreement, or by duly
authorized alterations or modifications of this Agreement, will be honored by the City.
13. CHANGES IN THIS AGREEMENT
�
The City shall notify CEE in writing at least five days before any change in this Agreement is to take effect.
14. ASSIGNMENTS AND SUBCONTRACTING
A. CEE shall not assign any portion of this Agreement without the written consent of the City, and it is
further agreed that said consent must be sought by CEE not less than thirty_(30� da�prior to the date
of any proposed assignment.
B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this
Agreement and proper bidding procedures contained therein. CEE agrees that it is as fully
responsible to the City for the acts and omissions of its subcontractors and of their employees and
agents, as it is for the acts and omissions of its own employees and agents.
15. INDEMNIFICATION
CEE agrees to indemnify, defend, and hold harmless the City (including its Council members, officers, and
employees) from all claims, losses, or damages which they, or any of them shall be legally obligated to pay as a
consequence of any negligent act or omission, any intentional tort, or any violation of the terms of this
Agreement, by CEE (including its officers, employees, and agents) in the performance of its services that are the
subject of this Agreement.
16. REVERSION OF ASSETS
Upon the expiration or termination of this Agreement, CEE shall transfer to the City any CDBG funds on hand
or in the accounts receivable attributable to the use of CDBG funds. In addition, at the expiration or ternunation
of this Agreement, any real property under CEE's control that was acquired or improved in whole or in part with
CDBG funds in excess of $25,000.00 shall be disposed of in a manner which results in the agency being
reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to
the expenditures of non-CDBG funds for acquisition of, or improvement to, the real property. Such reimburse-
ment shall not be required if the conditions of 24 CFR State Statute 570.503(b)(8)(i) are met and satisfied.
10 of 15
,
15.
�
17. DISPOSITION OF PROGRAM INCOME
Upon the expiration or termination of this Agreement, program income shall be returned by CEE to the City.
18. INSURANCE
CEE shall comply with the following insurance requirements:
A. Public Liabilitv Insurance
CEE shall obtain and maintain continuously during the term of this Agreement general liability
insurance of an amount not less than One Million and no/100 ($1,000,000.00) Dollazs which
covers bodily injury and property damage and an umbrella excess liability policy of Three
Million and no/100 ($3,000,000.00) Dollars and provide proof of Worker's Compensation
Insurance pursuant to the Statutes of the State of Minnesota. The general liability insurance
policy and umbrella excess liability policy shall name the City as an additional insured.
B. Proof of Insurance
CEE shall provide certificates of insurance required under this section, or, upon request of the
City, duplicates of the policies as evidence of the insurance protection afforded. Such insurance
policies shall not be reduced or cancelled without sixty (60) days prior written notice to the City.
19. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING
It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement
supersedes all oral agreements and negotiations between the parties relating to t he subject matter hereof as well
as any previous Contract presently in effect between the City and CEE relating to the subject matter hereof.
Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall be valid only
when they have been reduced to writing and duly signed by the parties.
�
20. EXHIBITS
The following attachments listed below aze hereby incoiporated in this Agreement and made a part hereof:
E�chibit A - Program Budget
Exhibit B - Certification
Exhibit C- Administrative Requirements for Grants and Cooperative Agreements to State, Local and
Federally Recognized Indian Tribal Governments
16
11 of 15
IN WITNESS WHEREOF, the parties here hereunder set their hands as of the date written below:
CITY OF FRIDLEY
:
It's
Date
:
It's
Date
i
�
Nancy J. Jorgenson
Mayor
William W. Burns
City Manager
17
CENTER FOR ENERGY AND
ENVIRONMENT, INC. "
:�
Sheldon Strom
It's Executive Director
Date
12 of 15
Program
Year
1997
1998
1999
2000
Admin
Budget
$12,484
$8,750
$7,000
$11,688
EXHIBIT A
BUDGET SUMMARY
Rehab
Budget
$110,558
$112,202
$115,005
$105,195
Total
Budget
$124,848
$120,952
$122,005
$116,883
:
Start End Extension
Date Date Date
�
7-1-1997 12-31-1998 6-30-2000
7-1-1998 12-31-1999 12-31-2000
7-1-1999 12-31-2000 6-30-2001
7-1-2000 12-31-2001 N/A
�
13 of 15
EXHIBIT B
The Undersigned, on behalf of the Agency, certifies, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan or cooperative agreement.
2) If any funds, other than Federal appropriated funds, have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form
LLL "Disclosure From to Report Lobbying" in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award documents
for all sub-awards at all tiers (including sub-contract, sub-grants, and contracts under grants, loans and
cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1332, title 31, US Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
CITY OF FRIDLEY
By-
Its
Date
By
Its
Date
CENTER FOR ENERGY AND
ENVIRONMENT
By ,
Its
Date
By_
Its
Date
EXHIBIT C
(24 CFR 85)
19
14 of 15
Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally
Recognized Indian Tribal Governments
(e) Contracting with small and minority business firms, women's business enterprise and labor surplus area
firms.
[1] The grantee and sub-grantee will take all necessary affirmative steps to assure
that minority firms, women's business enterprises and labor surplus area firms are
used when possible.
[2] Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(ii) Assuring that small and minority businesses and women's business enterprises are
solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses and women's business
enterprises;
(iv) Establishing delivery schedules where the requirement permits, which encourage
participation by small and minority businesses and women's business enterprises;
(v) Using the services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce; and
(vi) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps
listed in paragraphs (e)[2](I) through (v) of this section. ._,
15 of 15
C�1'�
�
�
CRY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 5, 2000
William W. Burns, City Manager c'� �
�
John G. Flora, Public Works Director
Jon H.�i aas, Assistant Public Works Director
June 5, 2000
Change Order No. 1 to Street Improvement Project No. ST. 2000 - 1
r
PW00-068
The attached change order No. 1 to Street Improvement Project No. ST. 2000 - 1 is for the installation
of utility services to a private lot and for a special watermain wet tap to allow for the relocation of an
existing hydrant.
Tim Jawor, the owner of the property at 7411 University Avenue East Service Drive requested the
City install utility services for storm, sanitary sewer and water to his property in conjunction with our
street project. The entire cost totaling $9,854.80 will be assessed to the properiy as agreed to by Mr.
Jawor.
The hydrant at the corner of 73`� Avenue Service Drive and University Avenue Service Drive must be
relocated due to realignment of the curbing through that corner. Relocation is complicated by narrow
right-of-way and an existing large brick planter in the adjacent yard. The wet-tap will allow the
contractor to relocate the hydrant with minimal disturbance to the surrounding area. The cost for the
wet-tap is $1,345.00.
Net cost of change order No. 1 is $11,199.80 for a revised contract amount of $669,706.80.
Recommend the City Council approve Change Order No. 1 to W. B. Miller, Inc. for Street
Improvement Project No. ST. 2000 - 1.
JGF/JHI3:cz
Attachment
21
CITY OF FRIDLEY
ENGINEERING DEPART'MENT
6431 UNNERSIT'Y AVENLJE N.E.
FRIDLEY, MN 55432
June 5, 2000
W. B. Miller, Inc.
6701 Norris Lake Rd
Elk River, MN 55330
K
SUBJECT: Change Order No. 1, Street Improvement Project No. ST. 2000 - 1
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your contract for the Street Improvement Project No.
ST. 2000 - 1 by adding the following work:
Addition:
1.
2.
3.
4.
5.
6.
7.
8.
Item
Connect to existing sanitary sewer
6-in. PVC service pipe
6-in. Cleanout
20 in. x 4 in. Wet-Tap
4-in. DIP
Build MH over 30 in. RCP/CST
12-in. RCP
12 in. x 6 in. Wet-Tap
TOTAL CHANGE ORDERS:
�
anti
1 Each
78 LF
1 Each
1 Each
48 LF
1 Each
100 LF
1 Each
Price
1,285.00
14.10
75.00
1,595.00
25.00
2,300.00
23.00
1,345.00
Amount
1,285.00
1,099.80
75.00
1,595.00
1,200.00
2,300.00
2,300.00
1,345.00
TOTAL ADDITIONS . . . . . . . . . . . . . . . . . . . . $11,199.80
Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $658,507.00
Contract Additions - Change Order
No.l ........................................ 11,199.80
REVISED CONTRACT AMOiJNT $669.706.80
22
W. B. Miller, Inc.
Change Order No. 1
June 5, 2000
Page 2
Submitted and approved by John G. Flora, Public Works Director, on the Sth day of June, 2000.
Prepared by
�
Checked by
John G. Flora, P.E.
Director of Public Works
Approved and accepted this day of , 2000 by
W. B. Miller, Inc.
Greg Holm, Project Coordinator
Approved and accepted this Sth day of June, 2000 by
CITY OF FRIDLEY - �
Nancy J. Jorgenson, Mayor
William W. Bums, City Manager
Approved and accepted this day of , 2000 by
Metro Division Assistant State Aid Engineer
23
r
�
C]'iY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECI':
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 5, 2000
William W. Burns, City Manager �I'��' "
John G. �lora, Public Works Director
June 5, 2000
Rice Creek Bank Stabilization Project
.
PW00-067
On May 24, 2000, we held our second meeting with residents on Rice Creek between University
Avenue and the Burlington Northern railroad tracks. The residents were totally supportive of
stabilizing the outside curves of the creek with rip-rap materials to eluninate erosion of their
properties and sedimentation into the creek and Locke Lake channels.
Petitions to the Rice Creek Watershed District (RCWD) were received as well as petitions to the
City requesting the project and waiving their rights to a public hearing.
The attached four resolutions satisfy the requirements for a City improvement project.
Towit:
1. Resolution Ordering Preliminary Plans
2. Resolution Receiving Preliminary Plans and Receiving Petitions to Waive the Public Hearing
3. Resolution Ordering Final Plans and Estimates of Costs
4. Resolution Receiving Final Plans and Specs and Ordering Advertisement for Bids
Recommend the City adopt the attached four resolutions so that we may e�editiously proceed with
the plans and specifications for a summer award and late summer/early fall construction.
JGF:cz
Attachments (4)
24
RESOLUTION NO. - 2000
A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND
ESTII�iTES OF THE COSTS THEREOF: RICE CREEK BANK STABILIZATION
PHASE II, PROJECT NO. 333
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as
follows:
l. That it appears in the interests of the City and of the property owners
affected that there be constructed certain improvements to-wit:
bank stabilization of Rice Creek properties between University Avenue and
the Burlington Northern railroad tracks in conjunction with~ the Rice Creek
Watershed District's Program.
That the work involved in said improvements listed above shall hereafter be
designated as:
RICE CREER PHASE II PROJECT NO. ST. 333
2. That the Public Works Director, John G. Flora, City Hall, Fridley, MN,
is hereby authorized and directed to draw the preliminary plans and
specifications and to tabulate the results of his estimates of the costs of
said improvements, including every item of cost from inception to completion
and all fees and expenses incurred (or to be incurred) in connection
therewith, or the financing thereof, and to make a preliminary report of his
findings stating therein whether said improvements are feasible and whether
they can best be made as proposed, or in connection with some other
improvements (and the estimated cost as recommended), including also a
description of the lands or area as may receive benefits therefrom and as
may be proposed to be assessed.
3. That said preliminary report of the Public Works Director shall be
furnished to the City Council. ,
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5th DAY
OF JUNE, 2000.
ATTESTED:
�DEBRA A. SKOGEN - CITY CLERK
���
NANCY J. JORGENSON - MAYOR
�
R$SOLUTION NO. - 2000
RESOLUTION R$C$IVING THE PR$LIMINARY REPORT AND RECENING
P$TITIONS TO WAIVI� THE PUBLIC HLARING ON THL MATTER OF
CONSTRUCTION OF CLRTAIN IMPROVEMENTS: RIC$ CR}3SK BANK
STABILIZATION PAASFs II PROJSCT NO. 333
WHEREAS, the construction of certain improvements is deemed to be
in the interest of the City of Fridley and the property owners
affected thereby.
�
WHEREAS, Resolution No. - 2000 adopted on the 5th day of June,
2000, by the City Council, ordered the preliminary plans,
specifications and estimates of the costs thereof for the
improvements in this project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Fridley as follows:
1. That the preliminary report submitted by John G. Flora,
Public Works Director, is hereby received and accepted.
2. That the City Clerk shall act to ascertain the name and
address of the owner of each parcel of land directly
affected or within the area of lands as may be proposed to
be assessed for said improvements, and calculate estimates
of assessments as may be proposed relative thereto against
each of said lands.
3. That the area proposed to be assessed for said
improvements and each of them as noted in said notice are
all the lands 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 owner 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 convenient.
26
Resolution No. - 2000
Page 2
5. That all property owners whose property is liable to be
assessed with the making of the improvements have signed
an agreement requesting the improvements and constitute
100 percent of the property � owners who will benefit from
the improvement and do waive the right to a public hearing
which is allowed under the normal procedures set forth in
Minnesota Statutes Chapter 429.
PASSTD AND ADOPTI�D BY THE CITY COUNCIL OF TSL CITY OF FRIDLEY
THIS 5TH DAY OF JUNE, 2000.
ATTESTED:
DEBRA A. SKOGEN - CITY CLERK
�
�
0
��
NANCY J. JORGENSON - MAYOR
PETITION
We the residents on Rice Creek between University Avenue and the Burlington Northern Railroad tracks
request the Rice Creek Watershed District and the City of Fridley to participate in a stream bed bank
stabilization to armor the eroding curves along our property with rip-rap material to protect our property and
eliminate erosion into the creek's system. We understand that the Rice Creek Watershed District would
participate ir150% of the project cost, the City would participate in 25% of the construction cost and we
would share in 25% of the construction cost based upon a linear foot cost of this improvement. We waive
the need for a public hearing and request this project be scheduled as soon as possible.
Approximate
Name/Address Lineal.;Foot ' Telephone:I�io < Signature
_ __.
_
Everett & Janet Madsen 110 � �`��
246 Rice Creek Blvd
Fridley MN 55432
Daniel & Janice O'Neill 20 5..� �_'�� J �� ���^`��
� 260 Rice Creek Blvd 0 l`
Fridley MN 55432
Janet & Kenneth Farber 80
�
_ 266 Rice Creek Blvd '' 1'�' ��7 � '�. �'���� G ���i
Fridley MN SS�132 ��
Albert & B�tty Lou Larson 90 ` , � n � � ;� ��
270 Rice Crcek Blvd � ? y �r� �� L �j�'�' l%/` ���.� .��'y�
Fridley NIN 55432 � �l''�- � (/ ��
Benito Diego 60
276 Rice Creek Blvd
Fridley MN 55432 _ .
Alan & Jean Patchin 115
280 Rice Creek Blvd ,571 �Od �-i� y` -
Fridley MN 55432 '-
Melford & Deborah Smyre 160 5`) 1- R 37 % �/j/j � �,,`1-
- 286 Rice Creek Blvd � �
Fridley NfN �5432
Roger Reed 110
290 Rice Creek Blvd
Fridley MN �5432
Darwin Voigt � -� �.� i �-�� 80
� �-�'-� � 1 6750 Main St
, St. Cloud i�iN 56301 �')`�� �
�� � � � ��iG-Z�t; , . c✓ `�c'S��-�L'j C � `/��� "'j - G%'�.�.T�t�
` , � � ;�� ` ,` - � CG ���` ��� ce Creek Phase 2' Petition - .1 � —�-�
---->' �, `� S � /� 'L �� �� �C%8�,,ti.�
, �-�. � � � 28 �
..� C�-� �� `���
��i' -� �,���`�,
r����-��.r�
We the residents on Rice Creek between University Avenue and the Burlington Northern Railroad tracks
request the Rice Creek Watershed District and the City of Fridley to participate in a stream bed bank
stabilization to armor the eroding curves along our property with rip-rap material to protect our property and
eliminate erosion into the creek's system. We understand that the Rice Creek Watershed District would
participate in 50% of the project cost, the City would participate in 25% of the construction cost and we
would shaze in 25% of the construction cost based upon a linear foot cost of this improvement. We waive
the need for a public hearing and request this project be scheduled as soon as possible.
Lyle & Elsie Elverud
221 Rice Creek Terrace
Fridley MN 55432
Michael & Joanne Roith
-� 231 Rice Creek Terrace
Fridley MN 55432
' � Wilmer Carstens & M. Anderson
271 Rice Creek Temace
' - Fridley MN 55432
.r
Carl & Joan Zuk
281 Rice Creek Terrace
Fridley MN 55432 ,
Patrick & re Chase
�� � 291 ' e Creek Terrace
` dlev MN 55432
�
��N �/� xT� K
!ct/ /1rCz C�� r �
�',� i�� �'� y y s��� ¢'� �
� ��U � �-� ` �
�' �l '� C�.�
40
40 ��
o�a$
40
160
��
� �. > 7� -070�
r �<t,-
����� �� sa � �
,�l/ —�-�a !
�.,� �
� , ` �,
S�ti�� �On���2 �., wh•:le �:�- w�,«�,,
S;�n�� ���,/:�z7;�.,
�Jrne� �nf� L�7 �`��
5.,��.� ,�.Zc�t�
��
��---/-r—
V ��
� �. ���1�1
Rice Creek Phase 2 Petition - 2
29
���
PETITION
We the residents on Rice Creek between University Avenue and the Burlington Northern Raikoad tracks
request the Rice Creek Watershed District and the City of Fridley to participate in a stream bed bank
stabilization to armor the eroding curves along our property with rip-rap material to protect our property and
eliminate erosion into the creek's system. We understand that the Rice Creek Watershed District would
participate in 50% of the project cost, the City would participate in 25% of the construction cost and we
would shaze in 25% of the construction cost based upon a linear foot cost of this improvement. We waive
the need for a public hearing and request this project be scheduled as soon as possible.
Rice Creek Phase 2 Petition - 3
30
RESOLUTION NO. - 2000
RESOLUTION ORDERING FINAL PLANS AND ESTI1�iTES OF COSTS THEREOF:
RICE CREER BANK STABILIZATION PHASE II, PROJECT NO. 333
WHEREAS, Resolution No. - 2000 ordered the preliminary plans,
specifications and estimates of the costs thereof for the improvements in
this project, and
WHEREAS, Resolution No. - 2000 received the preliminary engineering report
and set a public hearing for the improvements in this project, and
WHEREAS, a public meeting was held on May 24, 2000 regarding this project,
and petitions were submitted waiving the right of a public hearing, and
WHEREAS, the City Council has determined a need to stabilize the banks of
Rice Creek between University Avenue and the Burlington Northern railroad
tracks to maintain it in a safe condition and at a reasonable cost, and
NOW, THEREFORE, BE IT RE30LVED THAT, the City Council of the City of
Fridley, Anoka County, Minnesota, as follows:
1. That the following improvements proposed by Council Resolution No. -
2000 are hereby ordered to be effected and completed as soon as
reasonably possible, to-wit:
Bank stabilization of Rice Creek properties between University Avenue
and the Burlington Northern railroad tracks with the Rice Creek
Watershed District:
2. That the work to be performed under this project may be performed
under one or more contracts as may be deemed advisable upon receipt of
bids.
3. That the Public Works Director, John G. Flora, City Hall, Fridley,
Minnesota, is hereby designated as the Engineer for this improvement.
He shall prepare final plans and specificatio�g for the making of
such improvements.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY
OF JUNE, 2000.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
�
NANCY J. JORGENSON - MAYOR
31
RESOLUTION NO. - 2000
RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEIr�NT FOR BIDS: RICE CREER BANR STABILIZATION PHASE II,
PROJECT NO. 333
WHEREAS, Resolution No. - 2000 ordered the preliminary plans, specifications and
estimates of the costs thereof for the improvements in this project, and
WHEREAS, Resolution No. - 2000 received the preliminary engineering report for
the improvements in this project, and
WHEREAS, petitions were received waiving the right for a public hearing from
residents affected by the improvement, and
WHEREAS, Resolution No. - 2000 ordered final plans and estimates of costs for
r
this project.
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley,
Anoka County, Minnesota, as follows:
1. That the following improvements proposed by Council Resolution No. - 2000
are hereby ordered to be effected and completed as soon as reasonably
possible, to-wit:
Bank stabilization of Rice Creek properties between University Avenue and
the Burlington Northern railroad tracks in conjunction with the Rice Creek
Watershed District's program.
That the work involved in said improvements as listed above shall hereafter
be designed as:
RICE CREEK BANK STABILIZATION PHASE II, PROJECT NO. 333
2. The plans and specifications prepared by the Public Works Department for
such improvements and each of them pursuant to the Council resolutions
heretofore adopted, a copy of which plans and specifications are hereto
attached and made a part thereof, are hereby approved,and shall be filed
with City Clerk.
The Public Works Director shall accordingly prepare and cause to be inserted in
the official newspaper advertisements for bids upon the making of such
improvements under such approved plans and specifications. The advertisement
shall be published for three (3) weeks (at least 21 days), and shall specify the
work to be done and will state the bids will be opened and considered in the
Council Chambers of the Fridley Municipal Center and that no bids will be
considered unless sealed and filed with the Public Works Director and accompanied
by a cash deposit, bid bond, or certified check payable to the City for five
percent (5$) of the amount of such bid. That the advertisement for bids for Rice
Creek Bank Stabilization Phase II, Project No. 333 shall be substantially in the
standard form.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF E'RIDLEY THIS 5TH DAY OF
JUNE, 2000.
1
�
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
NANCY J. JORGENSON - MAYOR
32
NOTICE TO BIDDERS
RICE CREEK BANK STABILIZATION PHASE II
PROJECT NO. 333
Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of
the Public Works Director of the City of Fridley, 6431 University Avenue, N.E., Fridley, Minnesota, 55432, (Tel.
763-571-3450) on the 29TH DAY OF JLJNE 2000, AT 10:30 A.M.
PRELIlbIINARY ESTIMATED MAJOR QUANTITIES
500 CY Common Excavation & Embanlanent
750 CY Rip-Rap MnDOT Class V with Filter Fabric
1,900 SY Geotextile Filter Fabric, Type N
M
All in accordance with plans and specifications prepared by John G. Flora, P.E., Public Works Director, Fridley City
Hall, 6431 University Avenue N.E., Fridley, MN, 55432 (Tel. 763-571-3450).
Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained for
the Contractor's individual use by applying to the Public Works Director and depositing with the Public Works
Director $25.00 to cover printing and binding costs, by applying to the Public Works Director in person or in writing
at the City of Fridley City Hall. Plans and specifications are available for free over the internet at
http://www.ci.fridley.mn.us/serv/proj ects.htm.
Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check(on
a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the City of
Fridley, Minnesota, in an amount of not less than five percent (5%) of the total amount of the bid.
The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received
without explanation.
No bid may be withdrawn for a period of forty-five (45) days.
By order of the City Council of the City of Fridley, Minnesota.
Dated this Sth day of June, 2000.
Published: Fridlev Focus
June 8, 2000
June 15, 2000
June 22, 2000
Construcrion Bulletin
June 9, 2000
June 16, 2000
June 23, 2000
33
John G. Flora, P.E.
PUBLIC WORKS DIRECTOR
Recreation and Natural Resource Department
emo
To: Wiiliam W. Burns Ci Mana er ��
, �v s :�
From: Jack Kirk, Director of Recreation and Natural Resources
r
pate: May 31, 2000
Re: Improvements to Locke Park
1n 1980, the City of Fridley and Anoka County entered into a joint powers agreement for
the operation and maintenance of Locke Park. The Park has always served more as a
regional type of facility, drawing people from all over the southern part of Anoka County.
�The trail system through the park is designated as part of the Metropolitan area
Regional TraiL
During the past year, Anoka County has made two significant improvements to the trail
system, thanks to a Metropolitan Council grant. A pedestrian tunnel under Highway 65
and a pedestrian bridge over Mississippi were completed recently. The projects came
�n at about $300,000 under budget and the Anoka County Parks and Recreation
Department has been approved to use this money to make some needed
improvements to the facilities at Locke Park.
I have attached the information on these improvements as sent to me by John
'VonDeLinde, Director of Parks and Recreation. I believe these will address some
needed upgrading and improvements to an aging facility.
The City of Fridley owns Locke Park and according to our joint powers agreement, any
development plans made by the County to improve the park facilities, other than normal
maintenance activities, shall be approved in writing by the City Council. I recommend
that the City Council approve the attached resolution authorizing and approving the
Anoka County Parks and Recreation Department plans for improving Locke Park.
:jk
attachment
�
J:UacklCortespondence\Locke Park -CouMy imprwemeMS 2000.doc
J
RESOLUTION NO. - 2000
RESOLUTION AUTHORIZING ANOKA COUNTY PARKS � RECREATION
DEPARTMENT TO MAKE IMPROVEMENTS AT LOCKE PARK
WHEREAS, the City of Fridley and Anoka County have entered into a joint powers
agreement for the operation and maintenance of Locke Park; and
WHEREAS, Locke Park is part of the metropolitan area Regional Trail System serving
residents of Fridley and the southern Anoka County area; and
WHEREAS, Anoka County has been making improvements to the Regional Trail
System including a new pedestrian tunnel under Highway 65 and a new pedestrian
bridge over Mississippi Street; and
WHEREAS, Anoka County plans to make some needed improvements to the facilities a
Locke Park in the fall of the year 2000; and
WHEREAS, these improvements will include a new picnic shelter, new restrooms
building, trail upgrades, trail kiosk, security lighting, ADA modifications, and site
furnishings (tables, grills, benches).
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley City Council authorizes
and approves the Anoka County Parks and Recreation Department to make the
improvement at Locke Park.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2000.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
NANCY J. JORGENSON - MAYOR
K��
lohn K. VonDeLindc
Director
May 9, 2000
Anoka County
Department of Parks & Recreation
550 Bunker Lake Boulevard NW • Andover. Ntinnesota 55304
Telephone (612) 757-3920 • FAX (612) 7��-0230
Jack IGrk
Director of Parks and Natural Resources
Gty of Fridley
6431 University Ave., NE
Fridley, MN 55432
Re: Locke Counry Park
Dear ]ack:
�
This letter is provided as a follow-up to our telephone conversation eariier today. As I mentioned, Anoka County has
essentially completed the new pedestrian tunnel under TH 65 and the new pedestrian bridge over Mississippi Street,
both in the Gty of Fridley. The total cost of the projects came in about $300,000 less than what was available from
the $1.4 miilion Metropolitan Council grant.
In an effort to use the remaining balance, the County has made a request to the Minnesota State Legislature to change
the original grant enabling legislation to add the Locke Park "trailhead" facility to the list of grarrt project elements.
The legislature is expected to approve this measure in the next few days as a part of the Omnibus Bonding Bill. If
there is any change I will advise you of the same.
Assuming that our request is granted, we are pianning to construct the improvements at Locke Park in the fail of this
year. The specific project components will include:
• New picnic shelter
• New restrooms building -- � ,
• Trail upgrades
• Trail kiosk
• Security lighting
• ADA modifications
• Site fumishings (tables, grilis, benches)
Copies of the site plans and exisang conditions are enclosed.
Since the 'ty of Fridley technically owns the property of Locke Park, which the county is leasing, I thought it best to
advise y u f our plans. Please let me know wnat steps, if any, will be required to process these plans through the
City. re ntative of our staff would be availabie to meet with the city if so desired.
Feei fiee �b �ontact me at 763.767.2860 at your convenience.
and Recreabon
Affirmative Action / E��Opportunity Employer
}:
Rice Creek West Regional Trail
Site Plan 222 Acres - Anoka County
December 1999 No Scale North -�-
���
��E�:
���
��.
�! �> .
�,j.•
� �: �
�� `,
���� .
a ��
\�k.�
. �i'�-�
;. � �,
y``'-
16-' coG
��
� �
�
• � ,�, �
.
'0`;�;;►;!,#��•� �:� ,
�:-;.���Y�{*/����� � • -
�s �� IY.�'" .' �. � f_ � - � . •
��
�t`�• � . ,l`�. (!
�'�
_. _ .r� 1l���1R. _ [c'►-,� iJ'.
:�
' I
• .
, �i
`a� �
I �"�cW�"�,��K T��j'�` � .�'
' . ��c. f,. ��
� < <:�
. . �B� � �;;,.
' `r
� � r�'%,i�� _� Q
�' �v� �,
. �"� �`;:.
��s,�f,
�.� = ��w;� �;� ;�41�;
1` �.. � , _�,�
'a� �� . . ¢.:��•-.
� �, �
� � ,,i��j .
�� �° � A�'�
1 . �� ���t 1 a *► � 4
� � ��s ~�� < �;1'. �i '.� 4! .���7.
� ;�� . �=�1;a'�q''�`�'` i ��., +��
,y �'� .a. E. �M1 �" s t��l�,� !: ti�,•�
� � ::=: ���, �`' �`� • �y
� �j�t<:F�a� �4 ;,`tij��
� �;. '`��'� �. � s��
�� `sJ v� ,yi'��,�-.-�
' 1� � �'�` �3fl,,= i��
- _ � �'�d �. - - �t�. ��.,�a
A n�il�� f3�' °e �.:l,. "+�
�',: �! ; ;'•i`s1••, �
���� ,� t . ��. � ��[���4��
.:Ae. '�v� -. �q,.� , f.•�' L ;�!� ;:; ,� � `� \�
.�.. 'N •'- ` • r�;� ::5�;;
::� r �
... �� i4' .,'�_ ` ¢ �', : 1 it: •.
:r : `� �"'ti. ��•''_�j`i:'.1s-? ..{;
�� �':k:t ;y��: . : ��"_1;
� � �'C�4` >Y�'±�1�13'. �
a, _ ,
' �:T. 'a
�° � :�,��. � �:� .i,; ,� . � .
;,,
Regional Trail ���i �
i ,'` I..
;
..
.� , .
; � 'h � i . ' . \ ' �, .' ��'� i �
• �..' i�t�% ' . . .. . ... .. `' �.�, � _ "'t� �.{:
�"�t. ~ �L\ 1� �� i..Y`.�:.�•\O..
l.t��. ♦.. c
Restrooms dilapidated and in need of
replacement.
Shelter is very old and out�ated.
Security Lighting needs updating and
proper placement.
:
Rice Creek West
Regional Traii
Trailhead Facility
- Shelter
r
- Restrooms
- Trail Connections
- ADA Retrofit
- Utilities/Security
- Site Furnishings
Total
t . .- _�
$85,000
$7�7��00
$50,000
$40,000
$30,000
20 000
$300,000
Restroom Building is in disrepair
and not ADA accessible.
0
1
r
0
�
�
CRY OF
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 5, 2000
William W. Burns, Ci Mana er ��
tY S �
Sara S. Hill, Human Resources Director ��"
May 23, 2000
Council Salary Ordinance
r
Attached is the ordinance to increase Council salaries by 3 percent (3%) for the year 2001 and
subsequent years. Staff recommends Council's approval of the first reading of this ordinance.
Thank you for your attention to this matter.
�
Attachment
39
�
ORDINANCE NO.
AN ORDINANCE RECODIFYING TI� FRIDLEY CITY CODE BY
AMENDING APPENDIX F TO PROVIDE FOR THE ADNSTMENT
OF SALARIES FOR TI� MAYOR AND COUNCILMEMBERS IN
ACCORDANCE WITH SECTION 2.07 OF TI� CHARTER OF TI�
CITY OF FRIDLEY
The City Council of the City of Fridley does hereby ordain as follows:
The annual salaries for the Mayor and Councilmembers during 2001 and subsequerrt years shall be as
follows:
Mayor $9,085.00
Councilmember-at-Large $7,462.00
Councilmember, Ward I $6,597.00
Councilmember, Ward II $6,597.00
Councilmember, Ward III $6,597.00
In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-time
authorized employees of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF JUNE, 2000.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
f First Reading:
` Second Reading:
' Publication:
. �
NANCY J. JORGENSON - MAYOR
�
�
CfIY OF
FRIDLEY
Name
Stacy
Bulthuis
�
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 5, 2000
Position
Planner/
Code Enforce-
ment Officer
Exempt
Appointment
Starting
Salary
$35,713.60
per year
41
r
Starting
Date
June 19,
2000
�
Replaces
Missy
Daniels
� AGENDA ITEM
COUNCIL MEETING OF JUNE 5, 2000
GT'Y OF
FRIDLEY
CLAIMS
93525 - 937�5
42
�
�
QTY OF
FRIDLEY
Type of License
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 5, 2000
�
LICENSES
Approved By
AUCTION
Michae) Servetus Unitarian Society Bruce Van Bronkhorst Police Department
6565 Oakley Drive
Fridley MN 55432
CARNIVAL
Fridley '49er Days Planning
Committee
PO Box 48057
Coon Rapids MN 55448
CIGARETTE SALES
Mike's Gas and Grocery
6485 East River Road
Fridley MN 55432
FOOD
Mike's Gas and Grocery
6485 East River Road
Fridley MN 55432
Great Lake Restaurant
620 Osborne Road
Fridley MN 55432
ON-SALE BEER
Great Lake Restaurant
620 Osborne Road
Fridley MN 55432
Gold Star Amusements Police Department
Lou Anne Mihalek
Lou Anne Mihalek
Thanh Huynh
Thanh Huynh
43
Fees
r
Request
Waiver
Request
Waiver
Police Department
Fire Department
Community Development
Police Department
Fire Departm�nt
Community Development
Police Department
Fire Department
Community Development
Police Department
Fire Department
Community_Development
$125.00
$ 45.00
$ 45.00
$ 60.00
Type of License
�
Approved By
PUBLIC DANCE
`49er days Planning Committee Chuck McKusick Police Department
6431 University Avenue NE
Fridley MN 55432
RETAIL GASOLINE SALES
Mike's Gas and Grocery Lou Anne Mihalek Police Department
6485 East River Road Fire Department
Fridley MN 55432 Community Development
r
TAXICAB
AAA Taxicab Service/2"d Vehicle Yohannes Bedecha Police Department
2010 East Hennepin Avenue
Suite 7-221
Minneapolis MN 55413
TEMPORARY ON-SALE BEER
Fridley Wrestling Boosters Todd G. Christenson Police Department
1337 Gardena Avenue NE
Fridley MN 55432
TEMPORARY OUTDOOR FOOD SALES
Church of Saint William Steve Carey
6120 Fifth Street NE
Fridley MN 55432
`49er Days Planning Committee
5339 Fourth Street
Fridley MN 55432
EXCAVATING
Johnson 8� Sons Contracting
4550 Central Ave NE #1424
Columbia Heights MN 55421
GAS SERVICES
B E Mechanical
6209 Pilgrim Lane
Maple Grove MN 55369
Master Gas Fitters Inc
2240 Shawnee Dr
N St Paul MN 55109
Rick Taulelle
Linda Johnson
Bill Evans
Dan Perzichilli
GENERAL CONTRACTOR-COMMERCIAL
. Commercial Renovations Inc
4045 Lancaster Ln STE 1
Plymouth MN 55441 Walter Lindahl
..
Police Department
Police Department
RON JULKOWSKI
Building Official
RON JULKOWSKI
Building Official
Same
RON JULKOWSKI
Building Official
Fees
Request
Waiver
E. .� ��
$ 5.00
E, .� ��
Request
Waiver
Request
Waiver
Type of License B�
GENERAL CONTRACTOR-COMMERCIAL (CONT.)
Maertens-Brenny Construction Co
8251 Main St NE
Minneapolis MN 55432 Severin Brenny
NA Roofing
1475 73 Ave N E
Fridley MN 55432 Tim Van Auken
GENERAL CONTRACTOR-RESIDENTIAL
Advance Aluminum Supply Inc (7983)
7701 Main St NE
Fridley Mn 55432 Jim Myers
Betz Construction (20095268)
371 Julep Ave N
Lake Elmo MN 55042 Doug Betz
Capital Siding & Wndows (20053636)
9673 Wynstone Dr
Woodbury MN 55125 Jeff Moore
City Wide Builders Inc (4968)
12110 61 Ave N
Plymouth MN 55442 Greg Kohler
Dakota Fence MN Inc (20131577)
15953 Biscayne Ave
Rosemount MN 55068 Craig Holmer
Approved By
RON JULKOWSKI
Building Official
Same
STATE OF MINN ''
Same
Same
Same
Same
Deck Creations (20193048)
4548 Zenith Ave N
Robbinsdale MN 55422 Dan Caouette Same
Four Seasons Construction Inc (2456)
PO Box 32033, Fridley MN 55432
7855 Quincy St NE
Spring Lake Park MN 55432-2747 Roger Forss
Insurance Restoration Specialist Inc (20196294)
4101 Gale Cir
Arden Hi�ls MN 55112 Noah Bridges
Same
Same
Kaufman Sheet Metal Roofing (9324)
2521 24 Ave S
Minneapolis MN 55406 Therese Herrera Same
L J Roofing (9036)
10151 Foley Blvd NW
' Coon Rapids MN 55448 Lyle Fisk Same
45
Fees
Type of License �
GENERAL CONTRACTOR-RESIDENTIAL (CONT.)
Midwest Window Co (2130)
3739 Minnehaha S
Minneapolis MN 55406 Gary Hartke
PMJ Group Inc (20139308)
PO Box 43243
Brooklyn Park MN 55443 Michael Juaire
HEATING
B E Mechanical
6209 Pilgrim Lane
Maple Grove MN 55369 Bill Evans
Paragon Plumbing & Heating Inc
15034 Drake St NW
Andover MN 55304 Brian Johnson
MOBILE HOME INSTALLER
Rapid Mobile Home Service Inc
5630 Old Viking Blvd
Burnsville MN 55303 Ken Eidsvoog
Woodlund Home
PO Box 600
Wyoming MN 55092 Paula Lindberg
PLUMBING
Groth Sewer & Water
775 Tower Dr
Hamel MN 55340 Larry Groth
Home Valu Inc
5401 East River Rd NE
Fridley MN 55421 Dean Ciccone
International Mechanical Inc
925 227 Ave NW
Bethel MN 55005 Kerry Sherk
McGuire Mechanical Services
20830 Holt Ave S
PO Box 219
Lakeville MN 55044 Tim McGuire
Nasseff Plbg & Htg Inc
6712 40 St N
Oakdale MN 55128 Mickey Nasseff
SIGN ERECTOR
Fish & Labeau Signs Inc
2327 2nd St N
Minneapolis MN 55411 Tim Williams
46
Approved By Fees
Same
Same
RON JULKOWSKI
Building Official
�
Same
STATE OF MINN
Same
STATE OF MINN
Same - •
Same
Same
Same
RON JULKOWSKI
Building Official
�
�
�
C]TY OF
FRIDLEY
ESTIMATES
CITY COUNCIL MEETING OF JUNE 5, 2000
Frederic W. Knaak
Holstad and Knaak, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
.
Services Rendered as City Attorney
for the Month of May, 2000 .................................................................
47
$ 5,000.00
I AGENDA ITEM
` CITY COUNCIL MEETING OF JUNE 5, 2000
QfY OF
PRIDLEY
DATE: May 30, 2000 �� „
TO: William W. Burns, City Manager y,�r �
FROM: Barbara Dacy, Community Development Director
Scott J. Hickok, Planning Coordinator
SUBJECT: Islamic Center Special Use Permit, SP #00-OS
On May 8, 2000, the City Council considered a special use permit by the Islamic Center
of Minnesota. The request was to allow for the expansion of their site through the use of
temporary modular classrooms. Action on the special use permit was delayed to allow the
Islamic Center time to respond to the site maintenance concerns expressed at the public
hearing by neighbors whose properties surround the Islamic Center Site. A site inspection
occurred on Thursday, June 1. The inspection revealed that the Islamic Center has now
completed, or agreed to complete all items of concern.
You'll recall that the Islamic Center's petition also included a lot consolidation request to
allow the consolidation of their school property at 1401 Gardena with their recently
acquired adjacent residential property at 1413 Gardena. The lot consolidation was tabled
by the City Council on May 8. The purpose of this memo is to follow-up on the issues
from the May 8 public hearing and recommends action by the City Council.
Islamic Center representatives responded by meeting with some neighbors individually
and by sending out the Council requested letters and a survey to the 99 properties on the
City's public hearing roster. Of the 991etters sent, the Islamic Center has received 9
responses. Three of those responses could be categorized as complimentary of the
Islamic Center and their recent efforts to respond to express maintenance concerns.
While one of the responses recognized the success of the recent clean-up efforts, but
urged continued maintenance. One respondent identified the wetland behind the Islamic
Center as a concern and something they want to see preserved now and when the
permanent addition is constructed. One respondent indicated they were frustrated by the
lack of follow-through on the stipulations of an earlier special use permit. Three
respondents had traffic concerns regarding drop-off of students, students darting across
the street, etc.
���
Islamic Center
June 1, 2000
PAGE 2
Islamic Center representatives are equally concerned about traffic, drop-off of student
and safery in general. The School will address this issue by talking to parents and
students about the issues in the short term. Staff is recommending a stipulation regarding
on-site drop-off as part of the 3-year plan for this site.
As for property maintenance, Islamic Center representatives have individually visited
with and addressed the issues of neighbors surrounding the site. Vines were jemoved
where neighbors desired to have the vines removed and they were left where abutting
homeowners asked them to be left.
An individual previously, not a service, has mowed the lawn. The school has now
contracted with Totino Grace for lawn service. Any remaining weeds will be handled as
part of the regular maintenance program.
As for the fence between Ardella Foco's property and the school, there was much
discussion at the meeting about promises the City made and did not deliver on. It is
important for the City Council to know that as a standard feature on a boarder between
residential and school property, a privacy fence is not a requirement. However, in 1989
the Islamic Center requested a special use pernut for a day care center. As a stipulation
of that approval, the fence was required. The connection between the fence and the
daycare was that the daycare had a potential of adding traffic and the fence would
mitigate any additional traffic impacts. The school chose not to do the daycare at that
time. After one year of inactivity a special use permit is null and void. With no special
use permit and no daycare, no fence was required.
The Islamic Center has agreed to the placement of a new privacy fence between the west
edge of the driveway and the Foco property. The Islamic center has also agreed to
supplement the landscape on the Foco properry (near the north edge) to screen the
parking lot from her view. The fence will be constructed as soon as an agreement
between the two owners (regarding this resolution) has been signed.
Staff is pleased with the response of the Islamic Center's response to the concerns.
RECOMMENDATION
Staff recommends approval of special use permit SP #00-OS with the stipulations as
originally suggested. Based on the recent concerns expressed by adjacent owners staff
also recommends that the following stipulation be added to SP #00-05.
1. A plan for off-road student drop-off shall be completed and approved bv the Citv bv
June 1, 2003.
2. All future expansion (bevond the temporarv classrooms) shall be predicated on the
completion of the Citv anproved off=road student dron-off area on the school camnus
. •
Islamic Center
June 1, 2000
PAGE 3
3. The existin� parkin� lot shall be strined to identify the 30 stalls that have been
identified bv the school.
M-00-106
50
City of Fridley Land Use Application
SP #00-05 April 19, 2000
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Islamic Center of Minnesota
1401 Gardena Avenue
Fridley, MN 55432
Requested Action:
Special Use Pemut to allow a private
school in an R-1, Single-family residential
district and a Lot SplidCombination
Exisang Zoning:
R-1 (Single Family Residential)
Location:
1401 and 1413 Gardena Ave
Lot Size:
Available at Public Hearing
Eacisting Land Use:
Single family home.
Surrounding Land Use & Zoning:
N: Single Family & R-1
E: Single Family & R-1
S: Single Family & R-1, Totino Grace
W: Single Family & R-1
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sections 205.07.1.C.(3) requires a special
use pernut to allow a private school in an
R-1, Single-family residential district.
Zoning History:
1920 - Lot is platted.
Legal Description of Property:
Lots 3, and 1-6, Meloland Gardens
Public Utilities:
Property is connected to City utilities.
Transportation:
East River Road provides access to site.
Physical Characteristics:
Lot contains School and home
; SUMMARY OF PROJECT
51
Kais Guiga, petitioner, is requesting a special use
pennit to allow the installation of an 83' X 68'
classroom building at the northeast corner of their
existing building. NIr. Guiga is also requesting a lot
combination to allow the residential site at 1413
Gardena to be added to the Islamic Center School
properly.
SUMMARY OF ANALYSIS
City Staff recommends approval of this special
use permit and lot combination with stipulations
CITY COUNCIL ACTION
May 8, 2000
(Portion of home & existing garage)
Staff Report Prepared by: Scott Hickok
SP #00-OS LS #00-03
Analvsis
Special Use Permit SP #00-OS
Introduction
The Islamic Center, 1413 Gazdena Avenue NE is requesting a special use pernut to allow the expansion
of their private school in an R-1, Single Family Residential district. A modulaz 5,640 s.f. building is
proposed. The building is intended to be temporary and for a term of 3 years. The Islamic Center
intends to expand the permanent portion of their building and is undergoing their capitol improvements
planning at this tune. The temporary building will serve as classroom space until the permanent addition
is complete. '�
The temporary classroom will be placed 20 feet from the northeast corner of the building. A connection
to the building will be made by a corridor or link, designed to meet Code requirements and provide a
temperature-controlled passage to the classrooms.
Code requires a special use permit for a private school in an R-1, Single Family residential district. This
property was originally developed as a public School. It later evolved into a private school after the
school district detemuned that a public elementary school was no longer needed in this location.
Much like a pre-existing, non-confornung use, an expansion to this facility requires that the facility now
be brought into compliance and a special use permit be granted.
Site Issues
The residential property at 1413 Gardena Avenue is involved in the temporary classroom-building
request. In order to find a locarion on site that has the least amount of impact to the adjacent
properties, the building will be placed at an angle at the northwest corner of that residential site. One
tree will be required to be removed, however, weighed against alternative locations, this solution was
detennined by the petitioner and his engineering professionals as having the least vnount of impact on
the land. �
One of the challenges of placing a modular building on this site was keeping the building out of the
marsh/woodland area to the north school, keeping the building faz enough down on the slope to
elimu�ate the need for enomious retaining walls, and keeping the playground area open enough so that is
still usable and not greatly diminished.
Lot SplidCombinallon, LS #00-03
The Islamic Center recently acquired the residence at 1413 Gardena Avenue. This home is directly east
of the Islamic Center School. The School intends to operate a daycare in the home as part of the
School services available to families who attend the Islamic Center. A separate special use pernut will
be required for that activity.
52
Staff has required a fomial lot combination to assure that the expansion of the campus area is formally
recognized and the public is allowed a public hearing opportunity to comment on the reques� A lot
combination is otherwise very st�aightforward and can be handled with a lot combination form filed with
Anoka County.
Staff Recommendations
Special Use Permit SP # 00-OS
Staff recommends the Planning Commission approve the special use pernut subject to the following
stipulations:
1. All necessary pernuts shall be obtained from the City prior to const�uction.
�
2. Special Use Pernut shall be for a 3-year period.
3. Building shall be located in accordance with the Site Plan dated 3-17-00, by Hakanson Anderson
Assoc., Inc.
4. All necessary protection devices shall be provided to protect children around the retaining wall on
the northeast corner of the building.
5. The Islamic Center file a special use pernut application for a day care center in a residential district if
they intend to utilize the home at 1413 Gardena Avenue in that manner.
6. A plan for off-road student dron-off shall be comnleted and anproved bv the Citv bv June 1 2003.
7. All future exnansion (bevond the temnoruv classrooms) shall be uredicated on the comnletion of
the Citv approved off-road student dron-off area on the school camnus.
8. The existin� parkin� lot shall be strined to identifv the 30 stalls that have been identified bv the
school.
Lot Split/Combination, LS #00-03
Staff recommends that the Planning Commission approve the lot splidcombination request with the
following stipulations: "
1. A lot combination form shall be filed with the Anoka County upon approval by the City Council.
2. Approval of Special Use Permit, SP #00-OS
53
06/02/2000 11:01 6125729021 OAS CONSULTING P PAGE 02
;
��
f, � � �, ; �� Ar�- ScHOOL
1401 Gardena Avenue [Y.E. Fridley, MN SS432 (6l2) 571-8SSG Fax (6(2) 57(-L92S
�xry Council
Fridley Municipal Ceuter
6431 Uni�versity Avenue N.E.
Fridley, MN 55432
r
Respected City Cour�cil Members:
6/1/2000
Today we met with city plaauaec Scott �I. to discuss concerns swxounding the expension� of
Al-Amal School. As per !us request, I am writing this letter to provide y.ou ��with. some
background af where we came from, aad where w� are heading�. �. . �
A1-Ama1 School was estab�isk�ed in 1994 aad started with 30 studerns. After six years of '
aperation, we are ooncluding tb�is academic year (1999-2000) ovi�th 253 students. In 1994.
we started with grades I�-4 and continued to add one gade every y�ear. Ne� year vve are
planning to add 10'� grade. � � � ��
1Ne are projecting 314 students for neact year (K-10�'). Three years from now, we are
projecGng between 350-380 students,
How are we going to ad�ress the parki�g problem?
The School will not allow students to drive to school.. The parking space vuill be desi�a�ated
for teachers and administrators, Ctiirrently, we have 28 �arking spots. � We aie eliminating
school-opera�ted transportation services for next year. This vvill free two parldng_ spots, ,
giving a total of 30. These 30 spots should�be suff.caent for the next 3 years. .
l�ow us+e we gaing to ard�b�+ess the capacity iss�e7
In.order to accomnnodate our projected growth in enrolimer�t, #here.are a.fevv pos�itbi�liti.es;
some are temporary while others are perzz�nent:
�1) �Using portables £or tl�e riext three years — tbus is what we are pu�suing right ,now. �.
2) �xp�►udiwg the ICM building. . � � .
3) Looking into the possibility o£a second cainpus .
If you �ave any questions or concerns, pl,eiase feel &ee to corrtact our Vice Principal, Mr:
Kais Guiga, at the 3chool: (763) 5'71-1339�or (763) 57X�8886. � . � :
Sui y,
,
G�� �_..
Dr. Omar Al-Saadoon/Chairman of the Board
54
�
�
CfTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 5, 2000
DATE: May 30, 2000
TO:
FROM
William W. Burns, City Manager ��
G�
Barbara Dacy, Community Development Director
Scott J. Hickok, Planning Coordinator
SUBJECT: Islamic Center Lot Consolidation
.
On May 8, 2000, the City Council considered a special use permit by the Islamic Center
of Minnesota. The request was to allow for the expansion of their site through the use of
temporary modular classrooms. Action on the special use pernut and lot consolidation
was delayed to allow the Islamic Center time to respond to the site maintenance concerns
expressed at the public hearing by neighbors whose properties surround the Islamic
Center Site. A site inspection occurred on Thursday, June 1. The inspection revealed that
the Islamic Center has now completed, or agreed to complete all items of concern.
Staff is pleased with the response of the Islamic Center's response to the concerns.
RECOMMENDATION
1. Staff recommends approval of lot consolidation, LS #00-03, with the stipulations as
originally outlined in the staff report of May 8, 2000. �
M-00-107
55
RESOLUTION NO.
A RESOLUTION APPROVING A CONSOLIDATION, LOT CONSOLIDATION,
LS #00-03, TO CONSOLIDATE TWO INDIVIDUAL PARCELS, GENERALLY
LOCATED AT 1413 GARDENA AVENUE
WHEREAS, the Planning Commission held a public hearing on the Lot
Consolidation, LS #00-03, on April 19, 2000 and recommended approval; and
WHEREAS, the City Council at the May 8, 2000 meeting approved the Lot
Consolidation request; and
.
WHEREAS, such approval was to establish a single lot out of finro existing adjoining
lots, based on a new legal description which reads as follows; and
Proposed Parcel Legal Description: Lots 1 through 6 inclusive, MELOLAND
GARDENS according to the recorded plat thereof and Lot 17, AUDITORS
SUBDIVISION NO. 92 according to the recorded plat thereof, Anoka County,
Minnesota EXCEPT the south 220 feet of said Lot 1, also EXCEPTING the south
230 feet of said Lots 2 and 3(as measured from the centerline of Gardena Avenue);
also EXCEPTING that part of the south 200 feet of said Lot 5 lying westerly of a line
drawn parallel with the east line of said Lot 5 from a point on the south line of said
Lot 5, 90 feet west of the southeast corner of said Lot 5; also EXCEPTING the south
200 feet of said Lot 6.
AND
Lot 3, MELOLAND GARDENS, Anoka County, Minnesota, according to the
recorded plat thereof EXCEPT the north 330.60 feet and the east 100 feet thereof.
WHEREAS, the City has received the required Certificate of Survey from the owner.
NOW, THEREFORE, BE IT RESOLVED that the City Council of.the City of Fridley
directs the petitioner to record this Lot Consolidation at Anoka county within six (6)
months or said approval shall become null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 5T'�' DAY OF JUNE 2000.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
NANCY J. JORGENSON - MAYOR
56
City of Fridley Land Use Application
SP #00-05 April 19, 2000
GEYERAL INFORMATION SPECIAL INFORMATION
Applicant:
Islamic Center of Minnesota
1401 Gardena Avenue
Fridley, MN 55432
Requested Action:
Special Use Pernut to allow a private
school in an R-1, Single-family residential
district and a Lot SplidCombination
� ��
R-1 (Single Family Residential)
Location:
1401 and 1413 Gardena Ave
Lot Size:
Available at Public Hearing
Existing Land Use:
Single family home.
Surrounding Land Use & Zoning:
N: Single Family & R-1
E: Single Family & R-1
S: Single Family & R-1, Totino Grace
W: Single Family & R-1
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sections 205.07.1.C.(3) requires a special
use pemut to allow a private school in an
R-1, Single-family residential distric�t.
Zoning History:
1920 - Lot is platted.
Legal Description of Property:
Lots 3, and 1-6, Meloland Gardens
Public Utilities:
Property is connected to City utilities.
Transportation:
East River Road provides access to site.
Physical Characteristics:
Lot contains School and home
! SUMMARY OF PROJECT
57
Kais Guiga, petitioner, is requesting a special use
pemut to allow the installation of an 83' X 68'
classroom building at the northeast corner of their
existing building. Mr. Guiga is also requesting a lot
combination to allow the residential site at 1413
Gardena to be added to the Islamic Center School
property.
SUMMARY OF ANALYSIS
City Sta, f'f recommends approval of this special
use permit and lot combination with stipulations
CITY COUNCIL ACTION
May 8, 2000
(Portion of home & existing garage)
Staff Report Prepared by: Scott Hickok
SP #00-OS LS #00-03
Analvsis
Snecial Use Permit SP #00-OS
Introduction
The Islamic Center, 1413 Gazdena Avenue NE is requesting a special use pemut to allow the expansion
of their private school in an R-1, Single Family Residential district. A modulaz 5,640 s.f. building is
proposed. The building is intended to be temporary and for a term of 3 years. The Islamic Center
intends to expand the permanent portion of their building and is undergoing their capitol improvements
planning at this time. The temporary building will serve as classroom space until the peimanent addition
is complete. ~
The temporary classroom will be placed 20 feet from the northeast corner of the building. A connection
to the building will be made by a corridor or link, designed to meet Code requirements and provide a
temperature-controlled passage to the classrooms.
Code requires a special use pernut for a private school in an R-1, Single Family residenrial district. This
property was originally developed as a public School. It later evolved into a private school after the
school district deternuned that a public elementary school was no longer needed in this location.
Much like a pre-existing, non-conforming use, an expansion to this facility requires that the facility now
be brought into compliance and a special use permit be granted.
Site Issues
The residential property at 1413 Gardena Avenue is involved in the temporary classroom-building
request. In order to find a location on site that has the least amount of impact to the adjacent
properties, the building will be placed at an angle at the northwest corner of that residential site. One
tree will be required to be removed, however, weighed against alternative locations, this solution was
deternuned by the petitioner and his engineering professionals as having the least �mount of impact on
the land.
One of the challenges of placing a modular building on this site was keeping the building out of the
marsh/woodland area to the north school, keeping the building far enough down on the slope to
eliminate the need for enormous retaining walls, and keeping the playground area open enough so that is
still usable and not greatly d'uninished
Lot SplidCombination, LS #00-03
The Islamic Center recently acquired the residence at 1413 Gardena Avenue. This home is directly east
of the Islamic Center School. The School intends to operate a daycare in the home as part of the
School services available to families who attend the Islamic Center. A separate special use permit will
be required for that activity.
:
Staff has required a fomlal lot combination to assure that the expansion of the campus area is fom�aily
recognized and the public is allowed a public hearing opportunity to comment on the request A lot
combination is otherwise very st�aightforward and can be handled with a lot combination form filed with
Anoka County.
Staff Recommendations
Special Use Permit SP # 00-OS
Staff recommends the Planning Commission approve the special use pernut subject to the following
stipulations:
1. All necessary pernuts shall be obtained from the City prior to construction. ,
2. Special Use Pernut shall be for a 3-year period.
3. Building shall be located in accordance with the Site Plan dated 3-17-00, by Hakanson Anderson
Assoc., Inc.
4. All necessary protection devices shall be provided to protect children azound the retaining wall on
the northeast corner of the building.
5. The Islamic Center file a special use permit application far a day care center in a residential district if
they intend to utilize the home at 1413 Gardena Avenue in that manner.
6,_ A plan for off-road student drop-off shall be comnleted and annroved bv the Citv bv June 1, 2003.
7. All future exnansion (bevond the temnorarv classrooms) shall be nredicated on the comnletion of
the Citv annroved oi� road student drop-off area on the school campus.
8. The e�stin� parkin� lot shall be strined to identifv the 30 stalls that have been identified bv the
school.
Lot SplitlCombinallon, LS #00-03
Staff recommends that the Planning Cominission approve the lot splibcombination request with the
following stipulations: '
1. A lot combination form shall be filed with the Anoka Counry upon approval by the City Council.
2. Approval of Special Use Permit, SP #00-OS
59
�
a
G1Y OF
FRIDLEY
Date:
To:
AGENDA ITEM
CITY COUNCIL MEETING OF June 5, 2000
May 31, 2000
William Burns, City Manager �(�'�'"
:l�
From: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Julie Jones, Planner/Recycling Coordinator
Subject: First Reading of Tree Preservation ZTA #00-01
.
Background
The City Council held a public hearing on May 22 to discuss a proposed zoning text amendment (ZTA) to
Subdivision Application regularions in Section 211 of the City Code. The proposed ZTA would solidify in code
staff's standard practice of requiring replacement of at minimum three large trees removed during new
construction.
At the public hearing, Council member Billings expressed a need to clarify three items in the proposed language:
1. Define "buildable area."
2. Clarify whether or not the tree replacement requirements apply to additional
construction/additions after the initial structure is built
3. Clarify the fact that the tree replacement requirements are a"one-for-one" replacement up to a
maximum of three trees
Staff has changed the attached amendment to include a definition of "buildable area." The sentence explaining
the replacement requirements has been clarified to better represent the intent of the amendment. After careful
consideration, staff has concluded that the tree replacement requirements should only apply at the initial
construction of the principal structure. Monitoring tree replacement requirements �t the time of later
additions/alterations would be difficult to monitor and would seem unfair since we are not regulating tree
removal at other single-family properties in the City. Therefore, the language in Section 211.04, A.6.(a) has been
modified to reflect the fact that future construction would not trigger additional tree replacement requirements.
It should also be noted that tree replacement is guaranteed by placing funds in escrow if the applicant is unable to
install the replacement trees prior to occupancy due to weather conditions.
Recommendation
Staff has made the suggested changes to the version of ZTA #00-01 that the City Council discussed at the May
22 Public Hearing and recommends that the City Council conduct the first reading of the ZTA on June 5. Staff
continues to recommend approval of the proposed amendment as a minor step in protecting natural resources
within the City of Fridley.
M-00-102
r� �
ORDINANCE NO.
AN ORDINANCE AN�NDING CHAPTER 211 SUBDIVISION PERTAINING TO THE
PRESERVATION OF TREES IN THE SUBDIVISION APPLICATION PROCESS
THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS:
THAT CHAPTER 211 BE AMENDED AS FOLLOWS:
211.01. PURPOSE
The regulations and provisions established by this Chapter are for the following purposes:
6. To preserve ecological resources, wildlife corridors, protect flora and fauna, and protect against noise
and air pollution within the City of Fridley by minimizing the loss of valuable trees.
211.02. DEFINITIONS
For the purpose of this Chapter, words used in the present tense shall include the future; words in the
singular shall include the plural, and the plural the singular; and the word shall is mandatory and not
discretionary. The following definitions shall apply in the interpretation and application of this Chapter
and the following words and terms wherever they occur in this Chapter are defined as follows:
l. Auditor's Subdivision.
2. Buildable Area.
The portion of a lot or site, exclusive of required setbacks, within which a structure may be built.
�3. City.
34. County Surveyor.
45. Lot.
§6. Plat.
67. Plat, Final.
�8. Plat, Preliminary.
S9. Registered Land Survey
10. Significant Tree
Any deciduous tree measuring four caliper inches or more in diameter at four feet above ground level or
coniferous tree that is eight feet or more in height.
�
` 111. Subdivider.
�812. Subdivision.
61
Ordinance No. 1083
211.04. SUBDIVISIONS
1. Lot Split.
A. Application
(6) Size, species, and location of all significant trees.
Page 2
(a) If any significant trees are located in the buildable azea of the newly created lot(s), the
applicant will be required to submit a Tree Preservation Plan to the City along with the
application. Replacement of each significant tree expected to be impacted by the
construction of the principal structure is required within the same parcel of land, up to a
maximum of three replacement trees per lot. When a lot exceeds 15,000 square feet, the City
may, at its discretion, require more than three replacement trees The Tree Preservation Plan
must be prepazed by a landscape architect or a qualified landscape designer and must include
the following information:
((1)) A tree inventory indicating size, species, locarion, and condition of all significant
trees and clumps of non-significant trees within the limits of the possible building areas.
((2)) Disease control and protection techniques that will be utilized to minimize
disturbance to all trees remaining on site.
((3)) A reforestation plan, indicating size, species, location, and planting specifications
of all replacement trees.
((a)) The reforestation plan shall utilize a variety of tree species with emphasis on
native and high-wind-tolerant species. The reforestation plan must be approved by
the City Forester prior to installation.
((b)) Replacement trees shall be a minimum of 2%z inches in diameter if deciduous
or six feet in height if coniferous. Willow and Cottonwood varieties will not be
allowed.
((4)) A commitment in writing from the applicant that replacement tree installations will
be complete prior to occupancy of new construction units; or, if weather prohibits, funds
equivalent to the market value of required replacement trees and,installation be placed in
escrow prior to issuance of a building permit.
2. Plat and Registered Land Survey Process
C. Steps.
(2) Application
(c) The preliminary plat must illustrate the size and location of any significant trees on the
parcel. If any significant trees are located in the buildable area of the newly created lot(s),
the applicant will be required to submit a Tree Preservation Plan to the City along with the
application. Replacement of each significant tree expected to be i�npacted by construction of
the principal structure is required within the same parcel of land, up to a maximum of three
replacement trees per lot. When a lot exceeds 15,000 square feet, the City may, at its
discretion, require more than three replacement trees. The Tree Preservation Plan must be
prepared by a landscape architect or a qualified landscape designer and must include the
following information:
((1)) A tree inventory indicating size, species, location, and condition of all
62
Ordinance No. 1083
Page 3
significant trees and clumps of non-significant trees within the limits of the possible
building areas.
((2)) Disease control and protection techniques that will be utilized to minimize
disturbance to all trees remaining on site.
((3)) A reforestation plan, indicating size, species, location, and planting
specifications of all replacement trees.
((a)) The reforestation plan shall utilize a variety of tree species with emphasis
on native and high-wind-tolerant species. Alternatives to these species must be
approved by the City Forester prior to installation.
((b)) Replacement trees shall be a minimum of 2% inches in diameter if
deciduous or six fee in height if coniferous.
((4)) A commitment in writing from the applicant that replacement tree installations
will be complete prior to occupancy of new construction units; or�if weather
prohibits, funds equivalent to the market value of required replacement trees and
installation be placed in escrow prior to issuance of a building permit.
211.08. REQLTIItED IMPROVEMENTS
3. Off Street Improvements.
Erect street name signs, sod boulevard areas and plant replacement
trees , , as
specified in the Tree Preservation Plan approved by the City. Grades shall be set by the City and
improvements shall be according to previously or hereinafter established standards and specifications by
the Council. An escrow may be provided in lieu of the installations. The escrow amount will be
determined by the City according to current fair market value and installation costs. Escrow funds will
be expended in the event that replacement trees have not been planted within one year of issuance of a
building permit.
PASSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY THIS DAY
OF JLTNE, 2000.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Public.Hearing: May 22, 2000
First Reading: June 5, 2000
Second Reading:
Publication:
63
NANCY J. JORGENSON - MAYOR
�
�
C]TY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 18, 2000
To: William W. Burns !�►°
�
From: Richard Pribyl, Finance Director
Debra Skogen, City Clerk
Date: June 1, 2000
�
Re: First Reading Proposed Amendment to Section 2.06 of the City Charter
The Charter Commission proposed an amendment by ordinance to Chapter 2 of the City
Charter and recommended it to the City Council. As required by Minnesota State Statutes, a
public hearing notice was published and the hearing was held on May 22, 2000. After the
public hearing is held, the ordinance must be approved unanimously by the City Council and
would become effective 90 days after adoption.
Staff recommends holding the first reading on the proposed ordinance amendment to Chapter
2 of the City Charter.
.�
Attachment 1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2 OF THE FRIDLEY CITY CHARTER
The City Council of the City of Fridley does hereby ordain as follows:
That the following sections of the Fridley City Charter be amended as follows:
Secrion 2.06 VACANCIES IN THE COUNCII.
�
A vacancy in the council shall be deemed to exist in case of the failure of any elected person
elected thereto to qualify on or before the date of the second regulaz meeting of the new council,
or by reason of the death, resignation, removal from office, ',
, continuous absence from the City for more than three (3)
months, or conviction of a felony of any such person whether before or after their qualification;
or bvi ceasin¢ to be a resident of the citv or the ward from which elected. ,
. In each such case, within thiriy (30) days the council shall by
resolution declare a vacancy to exist.
PASSED AND ADOPT'ED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF , 2000.
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing: May 22, 2000
First Reading:
Second Reading:
Publication:
65
Nancy J. Jorgenson, Mayor
� AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 5, 2000
CRY OF
FRIDLEY
To: William W. Burns ��/°
�
From: Richard Pribyl, Finance Director
Debra Skogen, City Clerk
Date: May 23, 2000
Re: First Reading of Proposed Ordinance Amending Chapter 5 of the City Charter
Pertaining to Initiative, Referendum and Recall
The Charter Commission proposed an amendment by ordinance and recommended it to the
City Council. As required by Minnesota State Statutes, a public hearing notice was published
and the public hearing was held on May 22, 2000. The proposed ordinance was discussed and
there were some typographical errors that were found. The errors have been corrected and the
proposed ordinance is ready for the first reading. The ordinance must be adopted unanimously
during first and a second reading and would become effective 90 days after adoption.
Staff recommends holding the first reading on the proposed ordinance amending the City
Charter.
..
Page 2
Attachment 1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 5 OF THE FRIDLEY CITY CHARTER
The City Council of the City of Fridley does hereby ordain as follows:
That the following sections of the Fridley City Charter be amended as follows:
CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL
Section 5.01. POWERS RESERVED BY TI� PEOPLE.
The people of the City of Fridley reserve to themselves the power, in accordance with the provisions
of this Charter, to initiate and adopt any ordinance, except an ordinance appropriating money or
authorizing the levy of taaces; to require �� ordinance when passed by the Council to be
referred to the electorate for approval or disapproval; and to recall elected public officials. These
powers shall be called the initiative, the referendum, and the recall, respectively. (Ref. Ord. 85'�
Section 5.02. EXPENDITURES BY PETITIONERS.
No member of any initiative, referendum, or recall committee, no circulator of a signature paper,
and no signer of any such paper, or any other person, sha11 accept or offer any reward, pecuniary or
otherwise, for service rendered in connection with the circulation thereof, but this shall not prevent
the committee from paying for legal advice and from incurring an expense not to exceed $200 for
stationery, copying, printing, and notaries' fees. A sworn statement substantiating such expenses
shall be tumed over to the City Clerk within five (5) days following the filing of a sufficient
petition. Any violation of the provisions of this Section is a misdemeanor. Any violation of this
Section shall be reported by the City Clerk to the proper authorities for prosecution under State
Statutes applying thereto. (Ref. Ord. 625)
Section 5.03. FURTHER REGULATIONS.
A lawful petition under this Charter may be submitted �, signed and circulated upon
an ordinance to be initiated, or upon an ordinance to be made the subject of a referendum
a� or on a proceeding for recall upon the grounds authorized by law and required by the
Constitution of the State of Minnesota�,—�Reasons stated in the proposed petition
se�€s�e; are to be stated and noted in the petition itself. A petition for any other purpose
may be made in accordance with procedures established by this Charter or under provisions
of law as may be elsewhere provided. (Ref. Ord. 625)
2. A petition under this Charter sha11 be filed in the office of the City Clerk as one (1)
instrument, which instrument shall contain any �� required documents (appropriate
to the petitionl, a copy of any ordinance proposed, covered or affected, �y-e�ker-�es�
and all the signature papers and affidavits attached in support of
the same.
��
Ordinance No.
Page 3
3. A petition may be signed by any registered voter. A petition can be circulated and verified
only by a registered voter who has signed the same. All the signatures on any petition need
not be on one (1) signature paper. The circulator of e�er3� each rg�oup of si n�ture papers
shall be verified as the circulator of the same by attached affidavit which states that each
signature was signed in the circulator's presence and is of the person that the same purports
to be and that each signer was affu•med as a registered voter at the residence stated thereon.
Any paper lacking such affidavit or verified by an affidavit false and unhue is insufficient
and void of effect. (Ref. Ord. 625, Ord. 857)
Y. -
� _
5 ► •
S
1� �.
4. The insufficiency or irregularity of a petirion shall not prejudice the filing of any new
petition for the same puipose, nor shall it prevent the Council from referring any ordinance
proposed to the electorate at the next regular or special election, or otherwise acting
favorably upon the same. (Ref. Ord. 625)
5. The Council may provide by ordinance such further regulations for the initiative,
referendum, and recall not inconsistent with this Charter as it deems necessary. (Ref. Ord.
625)
6. The City Clerk, upon receipt of documented information that any signature on any petition
paper has been falsely attested to, shall promptly forwazd such information to the proper
authority for prosecution under State Statutes applying thereto. (Ref. Ord. 625)
IlvITIATNE
Section 5.04. INITIATION OF MEASURES.
Any five (5) registered voters may form �sek�es�-�e a committee for the initiation of any
ordinance e�sep� as provided in Section 5.03.01. Before circulating any petition �k�e f the committee
shall file a� copy of fi� the proposed ordinance with the City Clerk �eget�e� alon� with
t� the names and addresses as of inembers of s�s� said committee. �e3� The comxnittee shall
a�se attach a verified copy of the proposed ordinance to each of the signature papers herein
described, �ege�e� alon� with their names and addresses as sponsors thereof. A verified coQv of
the proposed ordinance shall be a co�v to which the City Clerk affixes the words: "Proposed
Ordinance on File. Fridlev Citv Clerk: Date: ." (Ref. Ord. 857)
Section 5.05. FORM OF PETITION AND OF SIGNATURE PAPERS.
.:
Ordinance No. Page 4
The completed petition for the adoption of any ordinance not yet in effect shall consist of the
ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall
not be complete unless signed by at least ten percent (10%) of the total number of registered voters
as of January 1 st of that year. Each signature paper shall be in substantially the following form:
INITIATNE PETITION
Proposing an ordinance to .........(stating the purpose of the ordinance), a copy of which
ordinance is hereto attached. This ordinance is sponsored by the following committee of registered
voters:
The undersigned registered voters, understanding the teims and the nature of the ordinance hereto
attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate
for their approval.
At the end of � each group of signaturas pavers shall be appended the affidavit of the circulator
mentioned ak�e�e in Section 5.03.03. (Ref. Ord. 625, Ord. 857)
Section 5.06. FILING OF PETITIONS AND ACTION TI�REON.
Within five (5) days after the filing of the completed petition, the City Clerk shall ascertain by
examination the number of signatures appended thereto and whether this number is at least ten
percent (10%) of the total number of registered voters, as of January lst of that yeaz. If the City
Clerk finds the petition insufficient or irregulaz, the City Clerk shall at once notify one (1) or more
of the committee of sponsors of that fact, s�€3�g sta� the reasons for the insufficiency or
irregularity. The committee shall then be given thirty (30) days in which to file additional signature
papers and to correct the petition in all other particulars. If at the end of that period the petition is
found to be still insufficient or irregular, the petition shall be filed in the City Clerk's office and no
further action shall be taken. The City Clerk shall notify each member of the committee of that fact.
(Ref. Ord. 625, Ord. 857)
.•
�
Ordinance No.
Section 5.07. ACTION OF TI� COLJNCIL ON PETITIONS.
Page 5
When the completed petition is found to be sufficient, the City Clerk sha11 s�-s� transmit the
initiative petition to the Council at its ne�ct meeting, stating the number of petitioners and the
percenta.ge of the total number of registered voters which they constitute, and the Council shall at
once read the ordinance and refer it to an appropriate committee, which may be a committee of the
whole. The committee or Council shall thereupon provide for public hearings upon the ordinance,
after the holding of which the ordinance shall be finally acted upon by the Council not later than
sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If
the Council fails to pass the proposed ordinance, or passes it in a form different from that set forth in
the petition and unsatisfactory to the petitioner, the proposed ordinance shall be submitted by the
Council to the electorate at the next regular municipal election; but if the number of signers of the
petition is equal to at least fifteen percent (15%) of the total number of registered voters, the Council
shall call a special election upon the measure. Such special election shall be held not less than �}
(�8� fo -nine (49� nor more than €e�e�4�� six 60 days from the date of final action on the
ordinance by the Council or after the expiration of sixty-five (65) days from the date of submission
to the Council when there has been no final action; but if a regulaz election is to occur within three
(3) months, the Council may submit the ordinance at that election. If the Council passes the
proposed ordinance with amendments and at least four-fifths (4/5) of the committee of petitioners
do not express their dissatisfaction with such amended form by a statement filed with the City Clerk
within ten (10) days of the passage thereof by the Council, the ordinance need not be submitted to
the electorate. (Ref. Ord. 857)
Section 5.08. INITIATIVE BALLOTS.
The ballots used when voting upon such proposed ordinance shall state the substance of the
ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question
of adoption. If a majority of those voting on any such ordinance vote in favor of it, it shall
thereupon become an ordinance of the City. Any number of proposed ordinances may be voted
upon at the same election but the voter shall be allowed to vote for or against each separately. In the
case of inconsistency between two (2) or more initiative ordinances approved by the voters, the
ordinances shall not go into effect until the City Council has had sixty� (�0) days to resolve the
inconsistencies. (Ref. Ord. 625, Ord. 857)
Section 5.09. IlvITIATION OF CHARTER AMENDMENTS.
The ways to initiate amendments to this Charter are set forth in Minnesota Statutes. (Ref. Ord. 857,
Ord. 914.)
REFERENDUM
Section 5.10. TI� REFERENDLTM.
If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent (15%)
of the total number of registered voters as of January 1 st of that yeaz request that any such ordinance
be repealed or be submitted to a vote of the electors, the ordinance shall thereby be prevented from
going into operation.
70
Ordinance No. Page 6
�
• . �
> >
. (Ref. Ord.857)
Section 5.1 l. REFERENDUM PETITIONS.
, Anv five (51
re�istered voters may form a committee for the purpose of petitioning for a referendum as
provided in Section 5.03.01. Before circulatin�v petition, the committee shall file a copv of
the proposed referendum petition and a conv of the ordinance nronosed to be repealed with the
Citv Clerk along with the names and addresses of inembers of said committee. The committee
shall attach a verified copy of the referendum and the ordinance to be repealed to each of the
sienature paners herein described, along with their names and addresses as sponsors thereof. A
verified co�v of the ordinance proposed to be repealed to the referendum shall be a cop r}_to
which the citv clerk has affixed the words: "Proposed Ordinance on File. FridleY Cltv Clerk
, Date ." A referendum petition shall read as follows:
REFERENDUM PETITION
Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which
ordinance is hereto attached. The proposed repeal is sponsored by the following committee of
registered voters:
� �� � � � Name � (Please Print) � � Addt'ess; (PIease Print) :�_ �� � ��:, ��
1.
2.
3.
4.
5.
The undersigned registered voters, understanding the nature of the ordinance hereto attached and
believing it to be detrimental to the welfare of the City, petition the Council for its submission to the
electorate for their approval or disapproval.
At the end of �e ks� each �roup of si�naturas papers shall be anpended the affidavit of the circulator
mentioned �e�e in Section 5.03.03. (Ref. Ord. 625. Ord. 857)
71
- Ordinance No.
Section 5.12. FILING OF REFERENDIJM PETITIONS
Page 7
Within five (5) days after the filing of the completed referendum petition, the Citv Clerk shall
ascertain bv examination the number of signatures appended thereto and whether this number is at
least fifteenpercent (15%� of the total number of registered voters, as of Januarv lst of that vear. If
the Citv Clerk finds the petition insufficient or irre�ular, the Citv Clerk shall at once notifv one 1)
or more of the committee of sponsors of that fact, stating the reasons for the insufficiencv or
irre ug laritv. The committee sha11 then be �iven thiriy (30) davs in which to file additional signature
paners and to correct the petition in all other particulars. If at the end of that period the petition is
found to be still insufficient or irregular, the�etition shall be filed in the Citv Clerk's offce, no
further action shall be taken, and the ordinance will become effective immediatelv or on the date
�ecified. The Citv Clerk shall notifv each member of the committee of that fact.
Section 5.13. REFERENDUM PETITIONS: SUSPENSION OF EFFECT OF ORDINANCE
When a referendum petition is filed with the Citv Clerk, the ordinance sought to be reconsidered
shall be suspended from taking effect. Such suspension shall terminate when:
1. There is a final determination of insufficiency of the petition; or
2. The �etitioner's committee withdraws the petition; or
3. The council repeals the ordinance; or
4. Upon seven days after canvass of election is completed when a majoritv of those voting
favors the ordinance.
Section 5.14. ACTION OF THE COLTNCIL ON REFERENDUM PETITIONS
If the referendum petition or amended referendum perition is found to be sufficient, the Ci � Clerk
shall transmit the referendum petition to the Council at the next re�ular Council meeting. The
Council shall thereuQon reconsider the ordinance and either repeal it or by ave and no vote re-affirm
its adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance, the Council
shall immediatelv order a special election to be held thereon, not less than 43 davs nor more than 60
davs after such meetin�, or submit the ordinance at the next regular municipal election.
Section 3� 5.15. REFERENDUM BALLOTS.
The ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of
this Charter for initiative ballots.
RECALL
Section �. 5.16. THE RECALL
Any five (5) registered voters may form �e�sek=es�e a committee for the purpose of bringing
about the recall of any elected officer of the City ' ' as
provided in Section 5.03.01.
72
Ordinance No. Page 8
Before circulating anv petition, the committee shall�file with the City Clerk fi��e�e-e€ a
copy of a statement namin� the elected officer whose removal is sought, a statement of the grounds
for removal in not more than two hundred fifty (250) words, and their intention to bring about the
recall with their names and addresses as members of said committee. The statement of �rounds for
removal of the elected officer must identifv malfeasance or nonfeasance of conduct in the officer's
performance of official duties. Malfeasance constitutes an ille�al or harmful act which an elected
official should not perform in an official capacitv. Nonfeasance is the neglect or refusal to perform
official duties.
. The committee sha11 also attach a
verified cop,v of said statement to each of the si�nature papers herein described, to�ether with their
names and addresses as sponsors thereof. A verified copv of said statement shall be a copv to which
the citv clerk shall affix the followin� words: "Proposed Recall Statement on File. Fridlev Citv
Clerk (Attest): Date: .. (Ref. Ord. 625, Ord. 857)
Section �4. 5.17 RECALL PETITIONS.
The petition for the recall of any elected official shall consist of ��s�fisa�e the � statement
identical with that filed with the City Clerk together with all the signature papers and affidavits
thereto attached. Such petition shall not be considered to be complete unless si ned bv at least
twenty five percent 25%) of the total number of re�istered voters of the Ward or Citv represented
bv the office holder as of Januarv 1 st of that vear. Each signature paper shall be in substantially the
following form:
RECALL PETITION
Proposing the recall of . . . . . . . . . from office as . . . . . . . . which recall is sought for the reasons set
forth in the attached statement s��e. This movement is sponsored by the following committee
of registered voters:
Name Address
1.
2.
3.
4.
5.
The undersigned registered voters, understanding the nature of the charges against the officer herein
sought to be recalled, desire the holding of a recall election for that purpose.
At the end of fi�is� each Qxoup of signatures papers shall be appended the affidavit of the circulator
mentioned in Section 3:83:A� 5.03.03. (Ref. Ord. 625, Ord. 857)
73
Ordinance No.
Section �5. 5.18 FILING OF PETITION.
Page 9
Within thirty (30) days after the filing of the original proposed petition s�er�sa�e, the committee
shall file the completed petition in the Office of the City Clerk. The City Clerk shall examine the
petition within the next five (5) days, and if the City Clerk finds it irregular ��, or finds that
the number of signers is less than twenty-five percent (25%) of the total number of registered voters
of the Ward or City represented by the office holder as of Januarv 1 of that veaz, the City Clerk shall
so notify one (1) or more members of the committee advising the reasons for the insufficiencv or
irre ug laritv. The committee shall then be given ten (10) days in which to file additional signature
papers and to correct the petition in all other respects, but they may not change the statement of the
grounds upon which the recall is sought. If at the end of that time the City Clerl� finds the petition
still insufficient or irregulaz, all the members of the committee shall be notified to that effect and the
petition shall be filed in the City Clerk's office. No further action shall be taken thereon. (Ref. Ord.
857)
Section �. 5.19. RECALL ELECTION.
If the petition or amended petition is found sufficient, the City Clerk shall transmit it to the Council
without delay, and shall also officially notify the person sought to be recalled of the sufficiency of
the petition and of the pending action. The Council shall at its next meeting, by resolution, provide
for the holding of a special recall election not less than �{�} fo -nine 49Znor more than
'��� �•�° �^�` six 60 days after such meeting, but if any other election is to occur within sixty
(60) days after such meeting, the Council may in its discretion provide for the holding of the recall
election at that time.
Section �. 5.20. PROCEDURE AT RECALL ELECTION.
The Clerk shall include with the published notice of the election the statement of the grounds for the
recall and also, in not more than five hundred (500) words, the answer of the elected officer
concerned in justification of t�e-se��e his/her conduct in office. Candidates to succeed the officer
to be recalled shall be nominated in the usual way, and the elecrion sha11 6e conducted, as far as
possible, in accordance with the usual procedure in municipal elections. (Ref. Ord. 857)
Section 3�8. 5.21. FORM OF RECALL BALLOT.
Unless the officer whose removal is sought resigns within ten (10) days after the receipt by the
Council of the completed recall petition, the form of the ballot at such election shall be: "Shall
be recalled?", the name of the officer whose recall is sought being inserted in the
blank, and those voting shall be permitted to vote seg�e� "Yes" or "No" upon this question. �ke
,
,..,i� ; o��a,�� , .,ae.. ��.o ,. .,*;,, : n��6 �A ����6�6� . . . . . . . . . . .. :��� ���
. If a majority of those
voting on the question of recall vote in favor of recall �a majority voting "Yes"l, the � officer
shall be � promptiv removed from office. The Council shall then fill the vacancY for the
unexpired term in accordance with the Citv Charter, Section 2.06. ,
74
Ordinance No. Page 10
. If a
majority of those voting on the question of recall vote a�ainst recall (a majoritv voting "No„l, the
officer shall continue in office with no further action required. If the officer sought to be recalled
resigns within ten (10) days after the receipt by the Council of the completed reca.11 petition, t�e
, �
s�e� the Council shall declare the office vacant and shall then fill the vacancv for the
unexpired term in accordance with the Citv Charter. Section 2.06.
(Ref. Ord. 857)
Section �3. 5.22. INSTRUCTIONS TO PETITIONERS.
The City Clerk shall provide to every person circulating a petition for the initiation of an ordinance,
for the initiation of Charter amendments, for a referendum, or for the recall of an elected official,
written instructions delineating the conect and proper procedure for circulating the petition. The
instructions provided will cleazly define falsification of a signature and false attestation of a
signature and will cite those ordinances, laws, or statutes relating to such acts. (Ref. Ord. 625)
PASSED AND ADOPTED BY T'HE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2000
Nancy J. Jorgenson, Mayor
AT'TEST:
Debra A. Skogen, City Clerk
Public Hearing: May 22, 2000
First Reading:
Second Reading: � �
Publication:
75
� AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 5, 2000
GTY OF
FRIDLEY
1NFORMAL STATUS REPOR'TS
m