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02/12/1996 - 00001926LJ LJ � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CYTY COUNCI� OF FESRUARY 12. 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL° MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings Councilman Schneider, and Councilwoman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTESe MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Bolkcom. MOTION by Councilman Jorgenson to amend the minutes by the addition of the words "specifically south of I-394" to �he last paragraph on page 1. Seconded by Councilwoman Bolkcom. UPON P. VOICE VOTE TAKEN ON THE MAYN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. 2 APPROVE MINNESOTA PAY EQUITY COMPLIANCE REPORT: Mr. Burns, City Manager, stated that this report is submitted to comply with the State's Local Government Pay Equity Act. He stated that the report describes the number of male and female employees by position and lists minimum and maximum monthly salaries for each position. He stated that to the best of his knowledge, the City zs in compliance with the pay equity requirements of the state. APPROVED THE PAH EQIIITY COMPLIANCE EtEPORT. RESOLUTION NO. 9-1996 ORDERING PRELIMYNARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: 1966 STREET IMPROVEMENT PROJECT NO. ST, 1996 - 1& 2: Mr. Burns, City Manager, stated that the 1996 street improve- ment projects include chip seal/slurry seal overlays, asphalt FRIDLEY CITY COIINCIL MEETING OF FESRUARY 12, 1996 PAGE 2 � overlays, and street reconstruction projects. He stated that this resolution applies to asphalt overlays and one of two proposed street reconstruction projects. He stated that the proposed asphalt overlays are on Highway 65 East Service Road South of 73rd Avenue, and portions of 73-1/2 Avenue, 67th Avenue, Ashton Avenue, and Oakley Street. He stated that �he proposed street reconstruction is on Alden Way between Osboxne Way North to 79th Way. Mr. Burns stated that the Alden Way project would include a new bituminous surface, widening of the s�reet to 32 fee� in accordance with state aid standards, and placement of concrete curb and gutter. He sta�ed t�at only the cost of the concrete curb and gutter is to be assessed to the property owners, and the City's portion of the cost for this street is covered by state aid funding. ADOPTED RESOLUTION NO. 9-1996. MOTION TO TRANSFER OWNERSHIP OF VIDEO EOUIPMENT TO SCHOOL DISTRICT NO. 14• Mr. Burns, City Manager, stated that the City has recentTy replaced several pieces of video equipment that were purchased in 1986. He stated that these include a special effects generator, an edit controller, two video top edit decks, and � a time base corrector. He stated tha� the equipment is stilY working but has very limited resale value, and staff is recommending that it be transferred to Fridley High Schoolas Audio Visual Department. APPROVED THE TRANSFER OF VIDEO EQUYPMENT TO SCHOOL DISTRIC� NO. 14. 4. APPROVE JOINT POWERS AGREEMENT BETWEEN SOUTHERN ANOKA COUNTY COMMUNITY CONSORTIUM AND THE CITY OF FRIDLEYe Mr. Burns, City Manger, staied that the Southern Anoka County Community Consortium (SACCC) was established to promote ]oin� and cooperative delivery of services between southern Anoka County governmental entities. He stated �hat the members consist of Anoka County, Fridley, Columbia Heights, Hilltop, and the school districts of Fridley and Columbia Heights. He stated that the organization meets monthly and is governed by a Board of Directors consisting of two representatives from each entity. Mr. Burns stated that the terms of this agree- ment run to the end of 1996, and it is expected �hat the agreement will be renewed for additional terms of two years by the governing bodies of each of the member entities. � APPROVED THE JOINT POWERS AGREEMENT HETWEEN THE SOUTHERN ANORA COUNTY COMMUNITY CONSORTIUM AND THE CITY. � FRYDLEY CITY COUNCIL MEET3NG OF FEBRIIARY 12, Y996 PAGE 3 5, CLAIMS• P�PPROVED CLAIMB NUMBEI2 66258 THROUGH 66659, 6. LICENSES• APPROVED THE LICEN8E8 AS SUBMYTTED AND AS ON FILE YN 'PHE T.ICENSE CLERR�B OFFICEe 7. ESTIMATES• APPROVED THE ESTIMATES� AS FOLLOW3: Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 20o Coon Rapids Boulevard N.W. Coon Rapids, MN 55435-5489 Services Rendered as City Attorney for the Month of December, 1995. . Services Rendered as City Attorney for the Month of January, 1996 .. � Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Buildinq _ 6401 University Avenue N.E. Fridley, MN 55432 ' $ 4oi.oa $ 1,152.53 Services Rendered as City Prosecuting Attorney for the Month of November, 1995 ..$16,108.75 Services Rendered as City Prosecuting Attorney for the Month of December, 1995 Holstad and Larson, P.L.C. 3535 Vadnais Center Drive 5t. Paul, MN 55110 Services Rendered as City Attorney for the Month of January, 1996. . Hardrives, Inc. 9724 Tenth Avenue North Plymouth, MN 55441 $16,362.25 . $ 1�370.00 1995 Street Improvement Project ST. 1995 - 1 & 2 Estimate No. 2 . . . . . . . . , o o . . . . $21,529.85 No persons in the audience spoke regarding the proposed consent agenda items. � � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 32, 1996 PAGE 4 MOTION by Councilman Schneider to approve the consent agenda items. Seconded by Councilwoman Jorgenson. Upon a voice vote, all vo�in� aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all votin� aye, Mayor Nee dealared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of businessa PUBLIC HEARING: 8. PUBLIC HEARING ON 1996 COMM[JNITY DEVELOPMENT BLOCK GRANT PROGRAM: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:42 p.m. Mr. Fernelius, HRA Housing Coordinator, stated that the Community Development Block Grant Program is funded by �he Department of Hous�ng and Urban Development to assist low and moderate income persons in the removal of slum and blight, as well as meet other urgent community development needs. He stated that despite what is going on in Washington D.C. concerning the Federal budget, the City has been instructed by Anoka County and HUD to move forward with planning activities for the 1996 Community Development Block Grant Program. He stated that this year the County estimates that Fridley will receive $155,223 in funding. Mr. Fernelius stated that Anoka County and HUD are requesting cities to establish a$5,000 minimum grant amoun� ¢or agencies which receive public service funding. He stated that the small grant amounts are difficult to administer and, in some cases, the funds are never used. He stated that past public service recipi- ents were notified of this new policy and asked to attend this public hearing. Mr. Fernelius stated that the County and HUD have also cautioned cities to limit their public service requests to fiflteen percent of the projected budget or face the possibility of having some public service grants cut. He stated it is recommended that the remaining 85 percent of these CDBG funds be used for housing rehabilitation. � � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12. 1996 PAGE 5 He stated that this would break down as follows: $130,940 for housing rehabilitation; $22,283 for public service grants; and $1,000 to the County for administrative costs. Councilwoman Jorqenson asked what would happen if the City did not respond to the request for a$5,000 minimum granta Mr. Fernelius stated that the County has the abili�y to change the allocation, and it is a policy decision at the County Tevel. Councilwoman Jorgenson stated that the County is receivinq a fee to administer this program. She asked if the grants were not in increments of at least $5,000 if they felt they could not admini- ster the program. Mr, Fernelius stated that there is a burden to administer these grants. When they are below a certain threshold, it is difficult to administer. Councilwoman Jorgenson asked how many grants last year were less than $5,000. Mr. Fernelius stated that a1T the agencies received less than $5,000. Councilwoman Bolkcom asked if the County would deny them if the grants were less than $5,000. Mr. Fernelius stated that this is a recommendat�on on the County°s part. He stated that he did not think the County would say that the City could not give a grant that is less than $5,000. Councilwoman Bolkcom she stated that she knows of one agency that always received less than $5,000; however, the grant made a big difference in their programe Councilman Schneider asked if there has been discussion with the County regarding this recommendatione Mr. Fernelius stated that the Countyas response is tha� it is a recommendation on their part and is the result of conversations they have had with HUD. Councilwoman Bolkcom asked if there was anything the City could do to make it less difficult for the County to administer this programe Mr. Fernelius stated that the most work is paperwork generated by HUD and the Federal government. He stated that the City actually does quite a bit of the processing and did not know if there is a more efficient way to administer the program. � � � _I FRIDLEY CITY COUNCIL MEETYNG OF FESRUARY 12, 1996 PAGE 6 Councilwoman Jorgenson stated that there is a cut in the amoun� of funds distributed, and now the City will be restricted to fifteen percent for public service. Mr. Fernelius stated that if the City goes over the fifteen percent for public service, there is the risk of having those funds cut. Councilwoman Jorgenson stated that communities in the past have not used the funds for public service, and now the City will be penalized. Mr. Fernelius stated that it is not a penalty but a cap on funds that can be used for public service. He stated that some communi- ties had their funds cut because they went over that cap. Councilwoman Jorgenson stated that the City usually receives twice as many requests as there are funds. She stated that the agencies that receive funding are really doing thair part to make things better, and now it looks like they are going to be penalizede Councilman Billings stated that he is confused about the language regarding the fifteen percent. He questioned if this was not the same language that has been there for years which is a fifteen percent cap County-wide or if they are, in fact, saying the City will be limited to fifteen percent. Mr. Fernelius stated that, as a reminder, the City should keep public service funding at the fifteen percent Coun�y-wide cap, Councilman Billings clarified that it as not being implemented to individual cities but is still a fifteen percent County-wide capo Ms. Jan Jolly, representing Southern Anoka County Assistance (SACA}, stated that St. William's Church closed their food shelf, and SACA serves all these people. She stated that SACA is running out of money and had a$22,000 deficit last year. She stated that SACA has been using some of their building funds every month. She stated that these funds were to be used in case they had to relocate. She stated that they also have been serving many more Fridley families. Ms. Jolly stated that the City of Columbia Heights furnishes the house £or their organization and pays the electricity and heat, as well as doing the plowing, shoveling, and mowing the grass. She stated that they do receive CDBG funds from Hilltop. She stated �hat they serve less people from Hilltop, but it is a smaller community. She stated that they also serve some residents of Spring Lake Park. She stated that they really need help from Fridley, Ms. Ann Ronnie, SACA, stated that last year SACA served 5,366 families from Fridley with 1,715 families served during Christmas. 5he stated that they would appreciate any heTp the City could give. � � FRIDLEY C2TY COIINCIL MEETING OF FEBRUARY 12, 1996 PAGE 7 Ms. Marilyn Peters, SACAa stated that many families they serve have children with special needs. She stated that they try to have i�ems for birthdays, and there are volunteers who make baby quilts. She stated that the Columbia Heights Lions have a garden at SACA, and vegetables are available in the summer. She stated that some of �he people they have served have volunteered their time, as they were grateful for the help they received. Ms. Jolly presented a copy of tfieir proposed 1996 budget an� thanked Council for their time and consideration. Councilman Billings sta�ed that in �he pas�, the process has been to conduct a public hearing where Council determines the categories for the distribution of the CDBG funds. �e stated that in 1993a the allocation for public service agencies was $30,600, and in 1994 and 1995, it was $30,000. He stated that the Human Resources Commission screens applicants and submits recommendations to Council on how the funds are to be distributed. He stated that the City has to advise the County on how much is to be allocated to public service projects and how much would be allocated for other categories. He asked if this is the process this evening, Mr. Fernelius stated that individual alloca�ions are not requested this evening, but Council will determine what categories the funds should be allocated. Mayor Nee stated that persons are discussing their need for £unding, but there has not baen any allocations made at this time. Ms. Dacy, Community Development Director, stated that in the pas�, the public service allocation has been higher than fifteen percent� and she wanted to make the public service agencies aware of this £i£teen percent cap. She stated that the purpose o£ the public hearing is to identify the amount of funding allocations to the general categories. Councilman Schneider asked if there is a different limitation or a change this year. He asked if the City has the same options and if this was discussed with the County. Ms. Dacy stated that the City has the option to allocate a higher amount, but as opposed to previous years, �he City may not get that amount. She stated that it is hard to predict what the County Board will do as a result of the HUD update. Councilman Schneider asked if the County di�, in fact, exceed the fifteen percent County-wide cap, Ms. Dacy stated that she did not know if they had exceeded this cap. Councilwoman Bolkcom asked if staff was recommending that the City stay within the fifteen percent limit to be safe. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 12. 1996 PAGE 8 � Ms. Dacy stated that would be the staff's recommendationo Councilman Billings felt that a letter should be sent to the County to address some specific questions. �e stated that the questions are as follows: (1) if the City allocates more than the fifteen percent to public service agencies, but fhe County does not exceed their fifteen percent County-wide cap, would fhe City be allowed to spend more than the fifteen percent, as was done in the past; (2) if the City allocates less than $5,000 to any organization, what would be the ramificationsy and {3) could the City contribute more to the administrative process and have that $5,000 minimum waived, if they so choose. Mayor Nee stated that he would support the City addressing these questions to the County. Ms. Lois Doody, Northwest Suburban Kinship, Inc., felt that the County and HUD should be contacted to advise them that the public service organizations are looking at this recommendation from a diffexent angle, She questioned if there was a way fo lessen the aosts for administration and give more to the agencies. She felt tha� perhaps if an organization had more than one grant the infor- mation could be assembled and then repor�ed to the Countya � Ms. Vicki Klaers, Central Center for Family Resources, asked when the City was notified of this fifteen percent cape She sta�ed that her agency received less than $5,000 from the City. She stated �ha� they also received CDBG funds from other cities and was curious why they have not received information from other cities. Councilwoman Jorgenson stated that the City received a letter from Alice Osborn, Community Development Manager for Anoka County, dated December 22, 1995 in which she asked that the City consider funding non-profits for no less than $5,000. Councilwoman Jorgenson felt that everyone has questions which need to be answered. She stated that she is sensitive to the cag and the $5,000 limit. She stated that if the City is going to be able �o give to only four organizations, it will be difficult. Ms. Klaers stated that their organization continually receives referrals. The least funding is from Fridley, and now there is a chance the funding may be reduced. Ms. Cathey Weidmann, Anoka County Community Action Program, stated �hat she talked to Alice Osborn, and they discussed the senior outreach program, as well as other organizations that receive CDBG funds from several communities, about having one grant for these � organizations. She stated that the County is working on some of the administrative issues. She stated that she hoped the $5,000 limit is put under considerationo �� � � FRYDLEY CITY COUNCIL MEETING OF FESRUARY 1B. 1996 PAGE 9 Ms. Connie Thom�son, Fridley Senior Cen�er, stated that in the pas£ the Senior Center and Senior Outreach Worker were funde� through GDBG funds. She stated that she is concerned that may no� happen this year. She stated that the youth in the community are very important, and she knows that has been a high priority. She stated that none of the seniors would support doing away with funding for youth, but there are seniors in the community that need funding. She felt that if there was a minimum 3imit of $5,000, agencies receiving the $5,000 would spend it very wisely, but that would only support four programs. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Schneider. Upon a voice vo�e, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:15 p.m. NEW BUSINESS: 9a RESOLUTION REGARDING THE PAYMENT OF PREVAILING WAGES AND AMENDING RESOLUTION N0. 25-1990: MOTION by Councilman Schneider to adopt �his resolution regarding the payment of prevailing wages and amending resolution No. 25-1990. Seconded by Councilwoman Bolkcom. Ms. Dacy, Community Development Director, stated that this resolu- tion would amend Resolution 25-1990 regarding prevailing wages to exempt housing programs. She stated that this proposed resolution states that prevailing wage requirements, as defined in Resolution No. 25-1900, shall not apply to any sale of property by the City that is sold for its fair market value; any single family housing project or program; or any multi-family housing project or program. She stated that the resolution does say, however, tha� any con- tractor or sub-contractor must have worker's compensation insu- rance, general liability insurance, and must file the appropriate Federal tax forms showing amounts paid to sub-contractors. Ms. Dacy stated that the resolution requests the City Manager to convey a copy of the resolution to the HRA and request the HRA to adopt a policy that conforms to the resolution. Ms. Dacy stated that Resolution Noo 25-1990 was adopted when Springbrook Apartments were being constructed. She stated that this resolution referred to wages paid for projects that are financed by tax increment financing, but it did not clarify if the prevailing wages applied to housing redevelopment projects. She stated, in particular, that the Rottlund project in the Southwest Quadrant is not a subsidized projecte She stated that there is a significant gap between prevailing wage rates and wages paid in the industry. The impact of the prevailing wage requirements would be to increase the developer's cost and a reduction in the land saie price. She stated that the prevailing wage issue would reduce the HRA's ability to finance a rehabilitation project or to gain as much as possible from the sale of the property. FRIDLEY CITY COUNCIL MEETINQ OF FEBRUARY 12. 1996 PAGE 10 � UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Mayor Nee and Councilwoman Bolkcom voted in favor of the motion. Councilwoman Jorgenson, Councilman Schneider, and Councilman Billings voted against the motion. Mayor Nee cieclarecl the MOTION FAILED� 10. RESOLUTION NO. 10-1996 APPROVING THE ENVIRONMENTAL ASSESSMEN'T WORKSHEET (EAW1 FOR THE LOCKE LAKE EXCAVATION PROJECT NO. 255 (WARD 31 • Mr. Flora, Public Works Director, stated that there were a number of requirements associated with the removal of sediment from Locke Lake. He stated that one of the primary requirements was a public notice of the project through the Environmental Quality Board and then a determination that an Environmental Impact Statement (EIS) was not required. iie stated that an Environmental Assessment Worksheet (EAW) was prepared for both the City's portion of the project (Stonybrook Creek) and the Rice Creek Watershed District's portion of the project (sedimentation basin), He stated that this Environmental Assessment Worksheet was submitted to the Corps of Engineers, the Department of Natural Resources, the Minnesota Pollution Control Agency, and the Rice Creek Watershed Districte Mr. Flora stated that three comments were received on the project: one was from the Minnesota Historical Society indicating no impact; � one from the Department of Natural Resources indicating an EIS was not required; and one from the Minnesota Pollution Control Agency requesting clarification of soil borings gor the soil disposal system permit. He stated that Council neecls to ma]ce a determina- tion that an EYS is not required. The EAbV that was prepared is adequate for the project. Councilman Billings stated that the Minnesota Pollution Control Agency raised a number of questions and asked if they accepted Mr. Flora's responses as adequate to their questions. Mr. Flora stated that the Pollution Contro3 Agency has accepted his responses. MOTION by Councilman Schneider to adopt Resolution No. 10-1996. Seconded by Councilman Billings. Upon a voice vote, Councilman Schneider, Councilman Billings, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting on the motion. Mayor Nee declared �he motion carried by a four to one vote. 11. RECEIVE BIDS AND AWARD CONTRACT FOR THE STONYBROOK CREEK BANK STABILIZATION PROJECT N0. 246 (WARD 310 � Mr. Flora, Public Works Director, stated that seven bids were re- ceived for this project and the low bidder was Schield Construction Company. He stated that there was an addition error in the Schield unit price extensions, and the low bid amount was $320,596.15. He � � � FRYDLEY CITY COUNCIL MEETING OF FEBRUARY 12, 1996 PAGE 11 stated that the topsoil borrow bid of $11,160 is not necessary, as there is sufficient borrow material available from Locke Lake. He stated it is proposed that this item be deleted and Schield Con- struction is agreeable to this change. Mr. Flora stated that there are sufficient funds available to cover these improvements based on the cost associated with the Stonybrook Creek project and Locke Lake Dam excavation. He recommended that the bids be received and the contract be awarded to Schield Con- struction in the amount of $320,596.15. MOTION by Councilwoman Jorgenson to receive the following bids for the Stonybrook Creek Bank Stabilization Project No. 246: Schield Construction Company, $328,262.95 (corrected error in addition making the bid $320,596.15); Park Construction, $392,264.50; Ryan Contractingo Inc., $433,188.00; Sunram Constructiony Inc.o $447,143.00; Northdale Construction, $465,688.01; C.S. McCrossan Construction, $498,923.00; and Bonine Excavating, $525,091.60. Further, to award the contract to the low bidder, Schield Con- struction Company in the amount of $320,596.15. Seconded by Councilman Schneider. Councilman Billings clarified that the topsoil borrow bid would be a change order and reduce the $320,596.15 by $11,160. UPON A ROLL CALL VOTE TAKEN ON TAE ABOV Jorgenson, Councilman Schneider, and Mayor the motion. Councilman Billings voted Councilwoman Bolkcom abstained from voting Nee declared the motion carried by a three 12. INFORMAL STATUE REPORTS: E MOTION, Councilwoman Nee voted in favor of against the motion. on the motion. Mayor to two vote. Mr. Burns, City Manager, stated that there were five items he wished to discuss with Council during the conference sessione These items were as follows: (1) implica�ions of MPRS lawsuit; (2} proposals on the accessory uses and ordinance changes; (3) RMR site proposal; (4) additional changes in the pawn shop ordinance; and (5) request from �he YMCA for a donation. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meetingo Seconded by Councilman Schneider. upon a voice vote, aTl voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of February 12, 1996 adjourned at 8:34 p.m. Respectfully submitted, %��i,c- �z ��z->G�.�--� _ Carole Haddad Secretary to the City Council ��� William J. Mayor � Nee