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03/17/1980 - 00013580l t_r (� f THE MINUTES OF THE REGULAR MEETIPdG OF THE FRIDLEY CITY COUNCIL OF MARCH 17, 1980 The Regular Meet�ng of the Frtdley Ctty Council was called to order at 7 37 p m by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES Councilman Fitzpatrick, Mayor Nee, Councilman Schneider and Councilman Barnette Councilwoman Moses REGULAR MEETING, MARCH 3, 1980• MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Counctlman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING MEETING, MARCH 10, 1980 MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. ADOPTION OF AGENDA The following item was added "Consideration of Settlement of Condemnation Award for Acquisition of Right-of-Way Re: Red Owl Property" MOTION 6y Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all vottng aye, Playor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS There was no response from the audtence under this ttem of 6usiness. OLD BUSINESS IN ALICE MOTION 6y Councilman Schneider to waive the second reading of Ordin�nce No. 707 and adopt it on the second reading and publish. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ORDINANCE N0, 708 RELATING TO THE SALE CF REAL ESTATE I3Y THE CITY OF FRIDLEY 1 1 MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 708 and adopt �t on the second reading and publish. Seconded by Councilman � Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. I� REGULAR MEETING OF MARCH 17, 1980 PAGE 2 709 REPEALING CHAPTER 1D8 OF THE CITY IDLEY IN MOTION by Counc�lman Schneider to walve the second readtng of Ordinance No. 709 and adopt it on the second reading and publish. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider requested that staff notify all occupants affected by the new Chapter and to keep the Council tnformed as to when the facilit�es, covered under this ordinance, come into compliance. � CONSIDERATI 1980 � � , TELEVISION COMMISSION (TABL MQTI�N 6y Gounc�lman Schneider to nominate Duane Peterson, 7376 Sttnson Blvd. N. E., Frid1ey, for appointment to the Ca61e Television Commission Seconded by Councilman Barnette. There betng no further nominations, the nominations were then closed. MOTION by Councilman Schneider to cast a white ballot for �uane Peterson Seconded by Councilman F�tzpatrick, Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unantmously. RECEIVING PLANNING COMMISSION MINUTES DF FEBRUARY 27, 198D M�TI�N by Councilman F�tzpatrick to receive the minutes of the Plam m �g Commission Meeting of February 27, 1980. Seconded by Councilman Schneider. Mayor Nee asked if the City Engineer has talked to the Planning Commisston regarding drainage around the Schroer property. Ms. Barbara Hughes stated this item was brought up at the Planning Commission meeting, however, the City Engineer had only been on the �ob for about a week and wasn't present at the meeting. She stated the Commiss�on would still like a visit from the City Engineer to explain the drainage Mr. Quresh�, City Manager, stated information can be given to the Planning Comm�ss}on on the plan and what standards the City is using. He stated they are, 6asically, using the standards of the Rtce Creek Watershed District. UPON A VOICE vOTE TAKEN ON THE ABOUE MOTION, all voted aye, and Mayor Nee declared the motion carr�ed una m mously. RECEIVING PLANNING COF�MISSION MINUTES OF MARCH 5, 1980: FOR A SPECIAL USE PERMIT. SP #80-01. TO ALLOW CHILD CARE � MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #80-01 Seconded by Councilman Schneider. Councilman Barnette asked if this center would have to comply with the new Fire Code. Mr. Qureshi, City Manager, stated they would have to meet all the new codes and an �nspect�on would be made by the Ftre Department to make sure they are in compliance with all the codes Ms. Vikesland stated the Fire Department has made an inspect�on of the premsses and they have some regulations to comply with such as smoke detectors and protective alarm systems. Councilman Fitzpatrick questioned their non-profit status. Ms Vikesland stated this is a non-prof�t corporation which means the funds will 6e going into the corporation and disbursed accordingly. She stated the only funds coming in would be their own and they would be receivinq no funds from other 1�2 REGULAR MEETIfJG OF MARCH 17. 1980 PAGE 3 agencies. She stated the corporat�on is GBS, Inc, and one of the directors applied for the special use permit. Counctlman Schneider questioned if there might be a problem in granting this spec�al use permit to an individual, rather than the corporation. Mayor Nee �ndicated the special use permit is granted to the site or property. UPON A VOICE VOTE TAKEN ON THE ABOUE MOTION, all voted aye, and Mayor , Pdee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Plam m �g Commission Meeting of March 5, 1980 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RESOLUTION N0. 27-1980 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL AND OTHER FUNDS &UDGET FOR THE YEAR OF 1979: Mr. Brunsell, City Clerk, stated the primary purpose of th�s resolution is to set up a budget for some special revenue funds, primarily funded by grants. MOTION by Councilman Fitzpatrick to adopt Resolution No. 27-1980 Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Plee declared the motion carried unan�mously. RESOLUTION N0. 28-1980 SEPARATING PRECINCT 3 OF WAR� 2 INTO TWO VOTING Councilman Schneider asked if the residents have been notified of this change. Mr. Brunsell, City Clerk, stated the County would take care of this because they have the voter registration certificates at the ' County offices. MOTION by Councilman Schneider to adopt Resolution PJo. 28-1980. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT - INDUSTRIFlL TYPE TRACTOR P�OTION by Councilman Barnette to receive the bids for this industrial type tractor and award the contract to the low bidder, Midway Ford, in the amount of $9,476. Seconded 6y Coun n lman Fitzpatrick, Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS FOR NORTH PARK BUILDING: Mr Qureshi, C�ty Manager, stated bids were received for the building in North Park and the low b�dder was Bud Johnson Construction Company. Mr. Qureshi stated ten alternatives were l�sted in the bidding tn order to give the City flexibiltty in choosing additional items. He explained the base 6id was higher than allocations received from the grant. f�r Qureshi stated, since the time the bids were received, other areas were reviewed �n the building to determine what could be removed or scaled down in order to brtng the cost reasonably within the funds that are available. ' He stated several change orders could be considered by the Council. One change order would reduce the contract by $51,575 and removes such things as inside cabinets, Kalwall roof, small partitions and most of the air conditioning, however, it does retain the integrity of the structure as proposed in the plans. � i ? �' REGULAR MEETING OF MARCH 17, 1980 PAGE4 Mr. Qureshi stated change order No. 2 would add Alternate 1 in the amount of $10,800 to provide additional storage space. He felt it would be cost effective to add the space at th�s time, since the cost is less than $24 a square foot, while the rest of the building is actually costing over $70 a square foot. Another change could be for the use of Kalwall �nstead of conventional � roof system. He stated th�s would be more pleasing and give an openness appearance, and would also have diffuse light and reduce any artificial light needed. He pointed out on the negative side there is the cost factor and the insulation rate would be R-6 instead of R-12, which is half the insulating value of a normal roof. He stated in winter it would lose energy, and in summer would have the potential of creating a high temperature tnside. He also felt there might be a greater potential for vandal�sm. Additional funds would have to be raised if some of these alternates are going to be added to the pro,7ect. Ms. Barbara Hughes of the Parks and Recreation Commission stated the Commission did review the plans and supports the recommendation of the City Manager and staff. She stated the Comm�ssion was �n agreement to add Alternate 1 for the storage room which they felt was appropriate. She statedthey will go out with members of the Springbrook Foundation and try �o ra�se money to help complete the building. Ms, Hughes stated she was pleased with the building plans and what they can get for the price Councilman Barnette stated it seems, over the last six years, he has heard money was going to be raised. Ms. Hughes stated the Spring6rook Foundation has been very instrumental in getting the initial grant. She pointed out the Commission is unam mous � in saying this is a Fridley park and building is the City's responsibility She stated she was happy with the interest in the community to provide some of the th�ngs on a volunteer basis, however, the Comm�ssion is ready to say they should be doing this out of City funds. Mr. Siah St. Clair, Naturalist/Resource Coord�nator, stated, he felt, even with the change orders and deletions, the City would still have an excellent building to maintain the programs. Councilman Barnette questioned the item regarding site grading. Mr. Qureshi stated he felt there was adequate fill potent�al on the site and th�s was added as an assurance to the contractor who was not familiar wtth the site. Councilman Barnette also pointed out that the City would provide sewer and water connections within five feet of the building and assumed this would come from the sewer and water portion of the C�ty's funds. Counctlman Barnette also questioned if the air conditioning would be el7mi- nated entirely. Siah St. Clair stated air conditio m ng would be omitted in the exhibit area and auditorium type rooms. He felt they would have adequate ventiliation in these areas because of the type of windows. Councilman Barne�te stated this �s exactly the type of thing some people � thought would happen, that is, comm�tting the City to a large sum of money. He stated he didn't think it was the original intent of the whole idea. Ms. Hughes felt the usage in North Park shows the community supports the pro�ect. She stated the pro,7ect can be done now with the money they have and probably couldn't be done in the future for this cost. She stated she felt they should not lose the grant money and use tt wisely and that it would be a very fine facility when it is finished. �oy� REGULAR P1EETING OF MARCH 17, 1980 PAGE 5 Councilman Barnette stated �1ck Harris and Jim Lanqenfeld questioned the expenditure of City funds to the nature center and asked the reaction of the Planning Commission to th�s plan. Ms. Hughes stated she didn't believe the Planning Commission had seen this plan between the time when the bids were opened and now, or at least not as a formal body. Councilman 6arnette stated he thought it might be to everyone's advan- tageto have the Planning Commission's reaction to the plan. Ms.Hughes thought that things dealing with parks have to go through the Parks and Recreation Commtssion, and felt there wasn't time to go to the Planning Commission. Mr. Dick Young, member of the Parks and Recreation Comintssian, stated the Commission discussed the proposal for the bu�lding at the last meeting and he felt not to add the additional room, under Alternate I, would be an error. He pointed out this couldn't be added at a later time for the price of about $25 a square foot. Ms. Jan Seeger, member of the Parks and Recreation Commission, stated she wished to reaffirm Barb Hughes' comments. She stated she has seen the cutbacks made in the building and was in agreement. She felt, because of the deadline, they have to make some decis�ons Councilman Barnette questioned to what deadline they were referring. Ms. Hughes stated the contractor had indicated he would only hold the prices on the alternates to a certain date and that the base bid would have to be awarded within 3D days. Mr Qureshi, City Manager, stated the contractor indicated he would hold the prices subm7tted on the alternates until April 14 so alternates could be added until thts date at these prices. f40TI0N by Councilman Schneider to receive the bids and award the base bid to the low 6idder, Bud Johnson Construction Company, in the amount of �376,600. Seconded by Counci7man Fitzpatrick. Upon a voice vote, Councilman Schneider, Councilman Fitzpatrick and Mayor Mee voted in favor of the motion. Councilman Barnette voted against the motion. Mayor Nee declared the motion carried by a 3 to 1 vote. MOTION by Counc�lman Schneider to approve Change Order No. 1 deleting $51,575 from the contract with Bud Johnson Construction Company for the building at North Park. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Schneider, Councilman Fitzpatrick and Mayor Nee voted in favor of the mot�on. Councilman Barnette voted against the motion. Mayor Nee declared the motion carried by a 3 to 1 vote. MOTION by Councilman F�tzpatrick to approve Change Order No 2 with Bud Johnson Construction Company which adds Alternate 1 in the amount of $10,800 for construction of a storaqe room in the building at North Park. Seconded by Councilman Schne�der Upon a voice vote, Counci7man Fitzpatrick, Councilman Schneider and Mayor Nee voted in favor of the motion. Councilinan Barnette voted against the motion. Mayor Nee declared the motion carried by a 3 to 1 vote. P10TION by Councilman Fitzpatrick to approve Change Order No. 3 for the use of Kalwall material on the roof of the building at North Park. Seconded by Councilman Schneider. Ms. Hughes stated the Commission discussed the use of this material on the roof, but d�dn't think there would be enough money. She stated they also bel�eved this material had equal R value as a normal roof. She felt there is a lot to be said of the atmosphere Kalwall would create, but is not sure how the Commission would react. She asked if the Commission might investigate this ttem further. i ' , , � REGULAR MEETING OF MARCH 17, 1980 PAGE 6 Mr. Quresh� felt this could wait until the next Council meeting since they have assurances from the contractor regarding the prices. A representative from the contractor stated, on th�s part�cular 1tem, they could wait unti1 the next Council meeting. MOTIOPJ by Councilman Fitzpatrick to table the question of Change Order No. 3. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unam mously. Ms. Hughes stated she appreciated the help and cooperation received from the City Manager, Jerry Boardman and Dr. Boudreau. APPOINTMENT: CITY EMPLOYEE� MOTION by Councilman Schneider to concur with the appointment by the City Manager of• EFFECTIVE PIAME P05ITION SALARY DATE REPLACES Cratg E. Turbak Operations & $7.308 March 18, Bruce 520 Glencoe Street Maintenance Hour 1980 Mathison Fridley, MN 55432 Person Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried � unanimously. CLAIMS: � MOTION by Counctlman Barnette to authorize payment of Claims No 073A26 through 073897. Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the est�mates as submitted. Smith, Juster, Feikema, Malmon &Haskvitz 1250 Bu�lders Exchange Build�ng Minneapolis, Minnesota 55402 For legal services rendered as Prosecutor during the month of Fe6ruary, 1980 Talle, Herrick & Munns 316 East Main Street Anoka, Minnesota 55303 For legal services rendered as Gity Attorney during the month of February, 1980 �1,980.00 $2,225.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i f , �_t�� REGULAR MEETING OF MARCH 17, 1980 PAGE 7 COiVSIDERATION OF SETTLEMENT OF CONDEMNATION AWARD FOR ACQUISITION OF RIGHT-OF-WAY RE: RED 041L PROPERTY MOTION 6y Councilman 5chneider to approve the settlement of the condemna- tion award for the above right-of-way acquisition in the amount of $18,000. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Barnette to ad,7ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 17, 1980 ad,7ourned at 8•34 p.m. Respectfully submitted, �,,�-�--�-�� Carole Haddad Secy. to the City Counctl Approved: April 7, 1980 � �%�� �, � Wi 11 i am J��Nee Mayor 1 , 1