3.7. SR 02-07-2005
*Item 3.7.*
MEMORANDUM
TO:
Mayor and City Council
-WS
FROM:
Heidi Steinmetz, Assistant Director of Economic Development
DATE: February 7, 2005
SUBJECT: Downtown Revitalization Project: Consider Resolutions
Attachments
. Document for Implementing a Drug Free Workplace
. City Council Resolutions
-Adopting a Civil Rights Policy
-Adopting a Residential Anti-displacement and Relocation Assistance Plan
-Adopting a Fair Housing Plan
Background
The City was approved to receive a Small Cities Development Program (SCDP) federal
funds grant from the MN Department of Employment & Economic Development (DEED)
in April of 2004. The $400,000 grant will assist in the funding of the Jackson Block housing
portion of the Downtown Revitalization Project.
Issue
There are many reporting requirements that the City must complete before DEED is able to
release the grant funds, which include the requirement that the City must adopt and submit
to DEED the following attached document and plans. The City Council may recall adopting
similar documents/resolutions for the DEED grant provided to the City for the Sportech
expansion project in 2003. New resolutions are required for each new grant.
Drug Free Workplace
The purpose is that the City will implement a drug free workplace program as outlined in the
attached document.
Civil Rights Policy
The purpose is to indicate that the City will comply with civil rights laws and regulations. In
other words, the City will demonstrate anti-discriminatory activities.
Downtown Revitalization Project: Consider Resolutions
February 7, 2005 City Council Meeting
Page 2 of 2
Anti-displacement and Relocation Assistance Plan
The purpose is to describe the steps the City will take to mitigate the adverse effects of
displacement on low and moderate-income persons.
Fair Housing Plan
The purpose is to formally declare the conviction and the intention of the City to promote
and assure equal opportunity in housing with regard to race, color, religion, sex, handicap,
familial status, national origin, or public assistance status.
Recommendation
Staff recommends that the City Council consider the following:
. Implementing a Drug Free Workplace
. Adopting a Civil Rights Policy Resolution
. Adopting a Residential Anti-displacement and Relocation Assistance Plan Resolution
. Adopting a Fair Housing Plan Resolution
Grantee Name:
City of Elk River
Acting on behalf of the above named grantee as its authorized official, I make the following
certifications and agreements to the Department of Employment and Economic Development
(DEED) regarding the City of Elk River:
1. I certify that the above named grantee will provide a drug free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited
in the grantee's workplace and specifying the actions that will be taken against
employees for violation of such prohibition.
B. Establishing a drug free awareness program to inform employees about the
following:
(1) The dangers of drug abuse in a drug free workplace;
(2) The grantee's policy of maintaining a drug free workplace;
(3) Any available drug counseling, rehabilitation and employee assistance
programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
C. Making it a requirement that each employee of the grant be given a copy of the
statement required by Paragraph A.
D. Notifying the employee in the statement required by Paragraph A that, as a
condition of employment with the grant, the employee will do the following:
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such
conviction.
E. Notifying the DEED field office within ten (10) days of receiving notice under
subparagraph D (2) from an employee or otherwise receiving actual notice of such
conviction.
F. Taking one (1) of the following actions within 30 days of receiving notice under
subparagraph D (2) with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such employee, up to and
including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State or local health, law enforcement or other appropriate
agency.
G. Making a good faith effort to continue to maintain a drug free workplace through
implementation of Paragraphs A through F.
Stephanie Klinzing, Mayor
ATTEST:
Patrick Klaers, City Administrator
RESOLUTION NO. 05-
CITY OF ELK RIVER
A RESOLUTION ADOPTING A CIVIL RIGHTS POLICY
BE IT RESOLVED that the City Council of Elk River does hereby adopt a Civil Rights
Policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in nonviolent civil rights demonstrations.
Adopted this 7th day of February 2005.
Stephanie Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk
RESOLUTION NO. 05-
CITY OF ELK RIVER
A RESOLUTION APPROVING THE RESIDENTIAL ANTI-DISPLACEMENT
AND RELOCATION ASSISTANCE PLAN
Residential Anti-displacement and Relocation Assistance Plan
Elk River, Minnesota
The City of Elk River anticipates participating in the Minnesota Small Cities Development Program.
Through this participation, land acquisition, building demolition and new construction will occur. The
consequence of the proposed activity is that a potential for displacement exists, although it is not
anticipated. The purpose of the Residential Anti-displacement and Relocation Assistance Plan is to
describe the steps the City of Elk River shall take to mitigate the adverse effects of displacement on low
and moderate-income persons.
A. The City of Elk River will replace all occupied and vacant occupiable to low and moderate
income dwelling units demolished or converted to a use other than as low to moderate income
housing as a direct result of activities assisted with funds provided under the Housing and
Community Development Act of 1974, as amended, as described in 24 CPR 570.606 and 24 CFR,
Part 42.
All replacement housing will be provided within three (3) years of the commencement of the
demolition or rehabilitation relating to conversion. Before obligating or expending funds that will
directly result in such demolition or conversion, the City of Elk River will make public and submit
to the Minnesota Department of Employment and Economic Development (DEED) the following
information in writing:
1. A description of the proposed assisted activity;
2. The location on a map and number of dwelling units by size (number of bedrooms) that
will be demolished or converted to a use other than as low to moderate income dwelling
units as a direct result of the assisted activity;
3. A time schedule for the commencement and completion of the demolition or conversions;
4. The location on a map and approximate number of dwelling units by size (number of
bedrooms) that will be provided as replacement dwelling units. If such data are not
available at the time of the general submission, the City of Elk River will identify the
general location on an area map and the approximate number of dwelling units by size and
provide information identifying the specific location and number of dwelling units by size
as soon as it is available;
5. The source of funding and a time schedule for the provision of replacement dwelling units;
6. The basis for concluding that each replacement dwelling unit will remain a low to
moderate income dwelling unit for at least ten (10) years from the date of initial
occupancy; and
7. Information demonstrating that any proposed replacement of dwelling units with small
units (e.g. a 2-bedroom unit with two I-bedroom units) is consistent with the housing
needs of low and moderate income households in the jurisdiction.
The City of Elk River may request the Minnesota Department of Employment and Economic
Development to recommend that the U.S. Department of Housing and Urban Development approve
an exception to required replacement housing if there is an adequate local supply of low to moderate
income dwelling units in standard condition. Exceptions will be reviewed on a case-by-case basis as.
described in 24 CFR 570.488(c)(1)(B).
B. The City of Elk River will provide relocation assistance, as described in Section
570.488( c )(2), to any lower income person displaced by the demolition of housing or by the
conversion of a low to moderate income dwelling unit to another use in connection with an
assisted activity.
C. Consistent with the goals and objectives of activities assisted under the Act, the City of Elk
River will take the following steps to minimize the displacement of persons from their homes:
1. ADevelopment Agreement was developed between the Developer (MDI Limited
Partnership #70) and the City assuring that all activities are in compliance with the Housing
and Community Development Act of 1974, as amended, as described in 24 CFR 570.606
and 24 CFR, Part 42.
2. The Developer will utilize the services of Conworth, Inc. for acquisition and relocation
activities.
3. The City will utilize services from Short Elliott Hendrickson Inc. Community and
Economic Development Group to provide project administration services and ensure
compliance to all state and federal requirements.
D. Definitions for the purposes of this plan are as follows:
A low to moderate income dwelling unit is a unit with a market rental, including utility
costs, that do not exceed the applicable fair market rent for existing housing and moderate
rehabilitation, as established under the Section 8 existing housing program.
A vacant occupiable dwelling unit is a unit that is in standard condition; or in substandard
condition, suitable for rehabilitation; or in dilapidated condition and occupied less than
three months from the date of the grantee agreement.
An occupiable dwelling unit is a unit that is in standard condition or has been raised to a
standard condition from a substandard condition, suitable for rehabilitation.
A standard condition dwelling unit is a well-built unit with adequate space for persons
living there. There are no major defects in the structure and only minor maintenance is
required. Such dwellings will have the following characteristics: reliable roofs, sound
wells and foundations; adequate and stable floors, walls and ceilings; surfaces and
woodwork that are not seriously damaged nor have paint deterioration; sound windows
and doors; adequate heating, plumbing, and electrical systems which don't present safety
hazards; adequate insulation for local climatic conditions; and is in compliance with local
building and housing codes.
A substandard condition dwelling unit. suitable for rehabilitation will show a lot of
deferred maintenance with permanent damage to structural items. Conditions
contributing to substandard dwelling units, include but are not limited to, sagging,
cracked, rotting or leaking roofs, walls, foundations, ceilings, floors, doors, and windows;
deteriorated surfaces and woodwork; unreliable heating, plumbing, or electrical systems
which present safety hazards or inadequate insulation. The cost of rehabilitating the unit
to a standard condition should not exceed the market value of the dwelling.
BE IT RESOLVED that the City of Elk River hereby adopts the Residential Anti-displacement
and Relocation Assistance Plan for Elk River.
1 certify that the above resolution was adopted by the City Council of Elk River on the
ih day of February 2005.
ATTEST:
Joan Schmidt, City Clerk
Stephanie Klinzing, Mayor
RESOLUTION NO. 05-
CITY OF ELK RIVER
A RESOLUTION ADOPTING A FAIR HOUSING PLAN
Fair Housing Plan
Minnesota Small Cities Development Program
State of Minnesota
CDAP Grantee #: CDAP-03-0123-0-FY04
Date: February 2005
Applicant Name: City of Elk River
The purpose of this plan is to formally declare the conviction and the intention of the City of
Elk River to achieve the aims of the Fair Housing Act and to assist the Secretary of Housing
and Urban Development for the promotion and assurance of equal opportunity in housing with
regard to race, color, religion, sex, handicap, familial status, national origin, or public
assistance status. For the purposes of this plan, the following definitions will apply.
1. Discriminatory housing practices means any act that is unlawful under the Fair
Housing Act.
2. Dwelling means any building, structure or portion thereof, which is occupied as, or
designed or intended for occupancy as, a residence by one or more families.
3. Fair Housing Act means Title VIII of the Civil Rights Act of 1968, as amended by the
Fair Housing Amendments Act of 1988 (42 U.S.C. 3600-3620).
4. Familial status means one or more individuals (who have not attained the age of 18
years) being domiciled with:
a. A parent or another person having legal custody; or
b. The designee of such parent or other person having such custody, with the
written permission of such parent or other person.
5. Handicap means, with respect to a person, a physical or mental impairment, which
substantially limits one or more major life activities.
It will be the plan of the City of Elk River to formally support equal opportunity for all
residents or persons who wish to become residents of the City of Elk River, and to ensure their
rights to obtain decent, safe and sanitary housing. The City of Elk River will not tolerate
discriminatory practices within its jurisdiction. The following practices have been declared to
be discriminatory and unlawful under the Fair Housing Act:
Fair Housing Plan - City of Elk River
1. To refuse to sell or rent or to negotiate for the sale or rental of any property based on race,
creed, color, sex, religion, national origin, marital status, familial status, handicap, or in
regard to public assistance.
2. Discrimination in terms, conditions, and privileges and in services and facilities.
3. Engage in any conduct, which makes dwellings unavailable or denies dwellings to
persons.
4. Make, print, or publish or cause to make, print, or public discriminatory advertisements.
5. To represent that a dwelling unit is not for sale or rent when in fact it is.
6. To engage in blockbusting.
7. To deny access to or membership or participation in, or to discriminate against any person
in his or her access to or membership or participation in, any multiple-listing service, real
estate broker's association, or other service organization or facility relating to the
business of selling or renting a dwelling or in the terms or conditions or membership or
participation.
Whenever a complaint alleging a discriminatory housing practice is received within the
jurisdiction of the City of Elk River, the City of Elk River will assist households who may have
been discriminated against by providing the following services:
1. The City of Elk River will post Fair Housing information in public places and will
provide information in the Spanish Language.
2. The City of Elk River will provide Fair Housing information (pamphlets) to all interested
parties.
3. The City of Elk River will provide referral information concerning the ability of alleged
discriminated households to make formal complaints to the State of Minnesota
Department of Human Rights or to the U.S. Department of Housing and Urban
Development.
4. The City of Elk River will provide referral information enabling alleged discriminated
households to contact Legal Services and the Minnesota Migrant Council.
5. The City of Elk River will provide cable access channel airtime for the video "Keepers of
the Dream."
6. The City of Elk River's Development Agreement and Loan Agreement between the city
and the Developer, (MDI Limited Partnership #70), address the requirements for Fair
Housing.
This Fair Housing Plan is adopted by the Elk River City Council this 7th Day of February 2005.
Stephanie Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk