04/20/1981 - 00013245�,
THE MINUTES OF THE REGULAR MEETIPdG OF THE FRIDLEY CITY COUNCIL OF
APRIL 20, 1981
The Regular Meeting of the Fridley City Counc�l was called to order at 7 32 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
PRESENTATION OF AWARD
Councilman Fitzpatrick, Councilwoman Moses, Mayor Nee,
Councilman Schneider and Councilman Barnette
None
CERTIFICATE OF APPRECIATIOfJ - �AVID B. ENGSTROM -
ITY
Mayor Nee stated a certtficate of appreciation was to have been presented to
Mr. David Engstrom, who served on the Environmental Quality Commission, however,
he was not able to attend the meeting this evening.
Mayor Nee stated the Council wished to express their gratitude for Mr. Engstrom's
service as a mem6er of the Environmental Quality Commission, this certificate
would 6e forwarded to him.
PROCLAMATION:
Ms. Mary Van Dan presented a proclamat�on which designates this year as The
Internat�onal Year of Disabled Persons.
Mayor Nee read and signed the proclamation. Ms Van Dan stated she wantE��l tb
remind everyone that tomorrow evening the first meeting would 6e held and
wished to see as many as possible participate.
APPROVAL OF MINUTES:
PUBLIC HEARING MEETING, MARCH 30, 1981:
MOTION by Councilman Schnetder to approve the minutes as presented. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unantmously.
REGULAR P�EETING. APRIL 6, �981:
MOTION by Councilman Schneider to approve the minutes as presented. Seconded
by Councilwoman Moses. Upon a voice vote, all voting aye,l'Mayor Nee declared
the motion carried unan�mously.
ADOPTION OF AGENDA:
Counc�lman Schneider requested an item be added as follows: "�iscusston and
Possible Reeonsideration of Rezontng Request �$0-02 for Ted Burandt".
Counc�lman Fitzpatrick requested that Item 5, regarding appointment to the
Environmental Quality Commission be considered later �n the meeting.
MOTION by Councilman Schneider to adopt the agenda with above two amendments.
Secondeu by Councilman Barnette. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unan�mously.
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REGULAR MEETING QF APRIL 2�, 1481
OPEN FORUM, VISITORS:
PAGE 2
There was no response from the aud�ence under this item of business
OLD BUSINESS:
1'CONSIDERATION OF FIRST READING OF AN ORDI
F
TD AMEND CITY
, UNIVERSITY I
I
OF FRI�LEY
PARK PLAT.
Mayor Nee stated there are two issues involved with this plat, one being
reapproval of the plat and consideration of a variance and the other issue
is the rezoning.
Mayor Nee stated his concern about the procedure for the var�ance is that 1t
assumes a rezoning that hasn't taken place. Mr. Herrtck, City Attorney, felt
the Council should constder the rezoning fi rst and then the plat and variance.
Mr. Flora, Public Works D�rector, stated th�s parcel is located between 79th
and 81st �ust west of University Avenue. He stated �he request is to rezone
three lots from C-2 to M-1. Mr. Flora stated the Planning Commission has
reviewed the request and has recommended approval.'
MOTION by Councilwoman Moses to waive the reading and approve the ordinance
upon first reading. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
Mr. Flora stated, in con,7unct�on w�th the rezoning, Council is to consider
the reapproval of the plat. He stated this plat was presented to the Cmuncil
about a year ago, however, it was never recorded. He stated, at the time it
was reviewed by the Planning Comm�ssion, they requested the City obtain a
drainage plan prior to final approval.
Mr. Flora stated staff has talked with both the owner and developer and
obtained a statement which reads as follows "Grad�ng and structures will
be provided so as to control dratnage runoff for Blocks 1, 3, and 4 of
University InduStial Park so that the rate of runoff after development wtll
not exceed the rate of undeveloped land for a 24-hour storm with a frequency
of 100 years. Th�s design will 6e accomplished for individual lots or any
combinations of lots. Drainage easements will be provided in cases where
ponding is provided for ad�oim ng tributary lots. Further, the otvners
guarantee that storm water detention for that part of the north one-half of
Block 3, University Industrtal Park will be provided for tn the south one-half
of Block 3, or, �f necessary, on other lots within the plat. It is under-
stood that th�s agreement �s btnding on the present owners, their successors
and assigns. In the event that Paschke Properttes, Inc., exercise thier
option to purchase the south one-half of Block 3, Paschke Properties, Inc.
will be responsible for the balancing of the drainage retention requirements
for all of Block 3. If Paschke Properties, Inc., does not exerctse �ts option,
then the current owners will make adequate provision for any storm water that
drains from the north one-half of Block 3"
Mr. Flora stated, if th�s statement is provided to every purchaser and also
recorded in the plat file, the City will be able to assure that drainage is
obtained on the platted lots.
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� P✓�r. Flora stated the Planning Commission also requested that the Council
have covenants in hadd for an adequate landscaping plan, particulary addressing
the north five parcels to be developed. Mr. Flora stated the City has
assurances they will receive a landscaping plan that is satisfactory.
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REGULAR MEETING OF APRIL 2D, 1981 PAGE 3
Councilwoman Moses stated she talked with Mr. Harrts and Mr. Flora about the
drainage, and previously thought this drainage requirement should be shown
on the abstract so that anyone buying one of these parcels Urould be aware
of the requirement. She stated Mr Harris pointed out that, normally, when
land is developed, the a6stract isn't revtewed until within 30 days of the
elos�ng on tf�e property, therefore, a buyer wouldn't realize this requirement
until almost closing.
Councilwoman h1oses stated, tn order that a buyer be made aware of the
requirement for drainage and to handle it upfront, Mr. Harris wished to
put the language, quoted by Mr. Flora from Mr. Harris' letter,�napurchase �reement
so when a developer came to the City, he would be aware of the requirement
for drainage retention and tt would have to be addressed in Y7is plans.
Counctlwoman Moses felt there should be a policy in the City on how they
want to handle drainage and perhaps addressing an on-site retention for all
development on all parcels of land in the City.
Mr. Qureshi, C�ty P�anager, felt to adopt such a policy would be difficult
to admintster and that it should be handled on a plat for plat basis
Mayor Nee asked if there was failure to give advance notice of th�s requirement
on the plat, if the City could still enforce it. Mr. Herrick, City Attorney,
didn't think �t would be any different than what would be required as far as
setbacks, parking, etc., as it is all part of the City's requirements. He
pointed out when a person is going to develop a site, he has to come and find
out about setbacks, parkin9, and landscaping and ciidn't think the drainage
was in any different category.
Mayor Nee stated the matter of dratnage isn't expressed in the codes. P9r.
Herrick stated this may 6e true and there may be some wisdoi�! in putting this
in an ordinance and then, if there is an except�on, the Council could waive
the requirement.
Mr. Herrick thought this question could be addressed when the Council cons�ders �
amending the ordinance and perhaps include something regarding a policy.
Councilman Schne�der asked, in the event Mr. Harris sells the property to
someone and it is again resold and this person is unaware there would be
water coming from the parcel to the north, would there be any liab7lity on
the C�ty's part. Mr. Herrick stated, if there �s going to be water coming
from one lot to another, he thinks there should be a drainage easement and
before the south five lots are sold, tliere should be a drainage easement
indicated across the area so the buyer realizes he will be receiving some
of the water from the north. He stated this would have to be done at the
t�me the deed is given for the north f�ve lots.
Councilman Schneider stated the plat they are constdering would be approved
with the understanding that there �s some mi m mal flow of water to the south
property.
P1r. Herrick stated, when the deed �s g�ven, an easement is included and then
it should be part of the abstract.
Mr. Flora stated, at this po�nt in t�me, and looking at the north five lots
and south five lots, they have an agreement from both the buyer and seller
for the water moving south. If there �s another transac�ion,, at this time,
there would be installation of some drainage easement in the deed.
Mr. Flora stated the Cnuncil is also requested to consider a variance from �
the normal front foot setback of 100 feet to 35 feet. The reason for this
request is to make the property more developable and present a better image
towards U m versity Avenue.
REGULAR MEETING OF APRIL 20, 1981 PAGE 4
MOTION by Councilwoman Moses to reapprove plat, PS #80-01, w�th a variance
of the front foot setback from the required 100 feet to 35 feet, and that
grading and structures w�ll be provided so as to control draina9e runoff
for Blocks 1, 3, and 4 of University Industrial Park so that the rate of
runoff, after development, will not exceed the rate of undeveloped land
for a 24-hour s�orm with a frequency of 100 years.
This design will be accomplished for individual lots or any combinations
� of lots. Drainage easements w�ll be provided in cases where pondin9 is
provided for ad�oining tributary lots. It is understood that this agr•eement
is binding on the present owners, their successors and assi9ns. Further,
that this language regarding the drainage 6e included in purchase agreements
for the property and this will be on record at the City Hall so a prospective
devleoper will know he has to handle the water retention on that site.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
Mr. Harris requested that the park fee be watved on th�s plat. He stated,
in the Paco Industrial Park, the City acqutred land for park purposes and
had indicated addttional property would be m ce to have for the City's use.
Mr. Harris stated he and Mr. Schroer agreed to give additional property
knowing full well what was required. He felt, in liaht of giving this
addit�onal property �n the Paco Industrial plat, it would be fair for the
City io waive the park fee for th�s plat.
M�. Harris stated the portion that was given is now the parking lot for
the new community park development.
Counctlman Schne�der stated his only concern was if they would set a
precedent with other developers, who at one time or another, may have
donated something to the City.
� Mr. Qureshi, CTty Manager, stated the City did negotiate with the property
owner at that time and they donated the required park land and gave additional
land than what was requ�red. He stated, at that time, there was no commitment
by the City that they would have any future considerations given to them.
Mr. Qureshi stated he felt these are two separate issues and the City should
be given the park fee for th�s plat or any other land they develop in the City.
Mayor Nee felt the issue of the park fee didn't have to be resolved this
evening He felt there are several concerns, one being Counc�lman Schneider's
remarks and the effects on other developments, and if they have a legal
problem. He stated, on the other hand, looking back at the other transaction
and the land they received, the City got an extremely good deal.
Mr. Herrick, C7ty Attorney, stated Counci1man Schneider's concern has some
validity, but felt there should be sane additional discussion between the
owners and staff.
Councilman Barnette felt part of the City's business was dealing fairly
with people who bu�ld and do their 6usiness in Fridley. He is not saying
they should do somethtn9 tllegal, but would lean towards making considerations
for persons who have done something good for Fridley.
��r. Flora po�nted out the Counc�l has the opt�on of delaying the p�rk fee
until the building permit is required, rather than collectin9 it at the time
the plat is recorded.
� Councilwoman Moses pointed out that had the City not received that parcel of
land for the community park, she could visualtze what a different design
the park would have taken.
Mayor Nee requested Mr. Harris to send a letter to the Council, along with
a copy of the appraisal on that parcel.
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REGULAR MEETING OF APRIL 20, 1981 PAGE 5
Mr. Harris stated he appreciated the fact the Council will take this matter
under advisement and, hopefully, he wtll be treated fairly.
CONSIDERATION OF FINAL PLAT, PS #gl-01, MI�WEST AD�ITION, LOUIS J. HAMLIN:
Mr. Flora, Publ�c Works Director, stated this parcel of property is located
�n the Great Northern Industrial area, �ust east of East River Road and
south of I-694. He stated the property includes a triangular piece, which
was shown on a map, and is part of the entire parcel Midwest Printing bought
from the railroad.
P1r. Flora stated it was not possible to record this small triangular piece
of property at the County because they didn't have a legal description,
therefore, th�s plat is requested to define this port�on of property so it
can be recorded.
MOTION by Counc�lman Fitzpatrick to approve the final plat, PS #81-01, Midwest
Addition. Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, hlay�r Nee declared the motion carried unanimously.
I�ERATION OF FINAL PLAT. PS #81-0 2. HEATHER H
Mr. Flora, Public Works Director, stated this property is east of Old
Central, 6etween Rice Creek Road and Gardena. He stated the plat consists
of 11 residential lots with two cul-de-sacs off Central Avenue.
Mr. Flora stated the Planning Corrmiss�on has reviewed the plat and has
recommended approval.
Mr. Flora stated the item that was not addressed is the development and
assessment of costs for the road improvement, san�tary sewer, and water
services, which will essentially be serving the property outside the plat,
and the potential connection to Ben More �rive.
Councilman Schneider pointed out that two-thirds of the people on Ben More
Drive indicated they didn't want Ben More Drive extended. He stated he
rpspected staff's opinions, but would habe to get into a sttuation some
tinie in the future tiiat the Council approved thts plat and approved the
extension of Ben 11ore Drive.
P�1r. Flora stated the City's plans were for the eventual extension of Ben
fio�°e Drive to Central Avenue. He stated, when Ben More Drive was being
constructed, the church that owned this parcel ob�ected to further extension
so it was terminated. He pointed out now that the parcel is being developed,
it fits in to add the connection to the street.
bir. Flora stated, currently, the City can bring water off Central to service
th�s parcel, but �t is only from one direction and it is more purdent to put
in vaater from �wo directions and the most logical place to service thts area
is the line that is terminated at the end of Ben More �rive!
Councilwoman M�sses asked if the service is affected tf it comes only from
Central Avenue. Mr. Flora stated the line, essentially, becomes a dead line
and if there is a water break, then everyone is out of service, but if they
can service from different directions, service could be continued.
Councilman Schneider stated he is concerned about naming a street that may,
in fact, not cont�nue.
Mayor Nee asked about the names for the cul-de-sacs, since one is shown as
G3enn Oak Circle and the City currently has a street called Oak Glen, and
felt this may pose a problem.
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REGULAR MEETING OF APRIL 20, 1981 PAGE 6
Mr. Brickner stated he didn't feel this would be a problem since the streets
are quite a dtstance apart, however, if Council feels there is a problem, the
name could be changed. Mr. Brickner also stated he lives on Ben More �rive
and he didn't care, either way, if Ben More Drive was or was not extended,
Councilman Schneider asked if he saw any problem with his development,
if Ben More Drtve wasn'$ extendeu. Mr. Brickner felt, from the C�ty's
standpoint, it would be better to have the extension, but from his standpoint,
� it may be better not to have it extended, as it may give him an additional
bu�lding lat, but he is not sure this would be in the best interests of
everyone concerned,
Counc�lman Schne�der stated he does��'t, at this time, want to name the street
coming off Central as Ben More Drtve.
Mr. Qureshi, City Manager, stated the City has some overall plans for this
area and the ma�or concerns would be only one access and the water line
iooping�, if Ben More Drive wasn't extended. He stated there is a total
scheme or plan for that area and felt those issues should be addressed.
Mayor Nee stated he would like to see the plan and asked if it could be
submitted at a conference meeting.
Councilman Schneider stated he doesn't see the requirement for the road o�;ly
for the water looping and that is ihe only �ustification he has heard so
far for the extension, other than dual access. Mr. Qureshi stated some
direction has to be provided in regard to the water looping.
Mr. Quresh�, City Manager, also pointed out this plat would, potentially,
affect other properties and according to the City's policy, they would be
assessed.
Councilwoman hloses asked who would be putting in the road. Mr. Brickner
' stated, tn the past, the City has put in the improvements and, in this case,
this would be the way he would want to proceed. He stated that P1r. Skinner,
the property owner to the north, is in favor of this dev]opment and is aware
his property would benefit greatly by this road and that he would be assessed.
Mayor Nee stated, as he understands it, they are presently talking about a
right-of-way.
MOTION by Councilman Schne�der to approve the plat, PS #,81-02, Heather Hills
West, contingent upon the street names being removed and the cul-de-sacs
renamed tn accordance with any requirements of the Police and F�re Departments
and Post Office and, secondly, that the east/west access coming off Central
specifically not be named Ben More Drive, Ben More Circle or Ben More Court
or any references to Ben More. Seconded by Councilman Barnette.
Mr. Wayne Welch, 6115 Woody Lane, questi,oned if he would be assessed for
emprovements.
Mr. Qureshi, City Manager, thought the only possible assessment he could be
concerned with would be for drainage. He felt, however, if the drainage is
designed properly, �t would hold all the water this property is receiving
and there would be no need for an outlet. He stated, if there was an improve-
ment where Mr. Welch would be assessed, he would receive a notice of hearing.
UPOfV A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee
, declared the motion carrted unan nnously.
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REGULAR MEETING OF APRIL 2D, 1981 PAGE 7
Mr. Flora, Public Works Director, stated there is also the question of the
park fee.
h1r. Quresh�, City Manager, stated the requirement �s that 10% of the,land
b e g�uen rfor park purposes or a cash donation of �0( of the val�ae,or' the_
land. Ne stated the Counci�l has, in the past, allowed the park fee to be,
c�llected at the time the bu�lding �ermit is issu�d. ��
h9r. Brickner stated he would prefer the opt�on of paying the park fee at
the tnne the building permit �s issued.
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Mr. arickner was requested to submit a letter, to this effect, regarding
payment of the park fee.
RST READING OF AN OR�IIdANCE TO VACATE STREETS AND ALLE
MOTIOfJ by Councilwoman Moses to waive the reading and approve the ordinance
upon first reading, Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
IBLE RECONSIDERATION OF REZONING REQUEST #8D-02 FOR
Councilman Schneicler stated, after the action of the Council last week to
deny this rezoning request, P9r. Burandt contacted him and wanted verification
on the action taken. He stated Mr. i urandt indicated he didn't receive notice
of the prior Council meetings, and is present here this eventng and perhaps
should explain.
Mr. Burandt stated he talked to the City the day 6efore the Council meeting
He stated he was under the impression��that the rezo m ng had taken place.
Mr. Burandt stated he never received any notices, and felt they were possi6ly
sent to the property address, and not his place of residence. He stated he
took the action of the Plann�ng Commtssion as approval.
Councilwoman Moses asked how he was notif�ed of the public hearings before
the Planning Commission. Mr. Burandt stated, when he made the appTication,
he was told when the meeting would be held.
Councilrnan Ft�zpatrick asked �f he attended the hearings 6efore the Planning
Commiss�on and at those meetings if he wasn't advised what would be taking
place to which Mr. Burandt answered in the affirmative.
Councilman Schneider stated the word from staff was that Mr. Burandt was
contacted and that he was aware of the meeting
Councilman Schneider asked Mr. Burandt What was h�s intended use of the
property, �f it is rezoned. Mr. Burandt stated he wanted to refurbish
the property. He stated there was a fire in the dwelling so he has gutted
�t and there was no insulation and it has to be reworked and landscaped.
Counc�lman Schneider pointed out one of the comments made by staff at the
publ�c hearing was, if the property is to be rezoned to commercial, they
d�dn't think the structure should be remodeled and used as a commercial
bu�lding.
Mayor Nee felt �f the Council ts tnclined to reconsider the denial of the
rezoning, they should pro6ably have all the material presented to them again.
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REGULAR MEETING OF APRIL 20, 1981 PAGE B
Councilman Schne�der stated his thought �s that he is not in�lined to approve
a rezontng, unless there is a stipulation that the present structure be removed.
Mr. Burandt stated �t is not economically feasible and the best use now would
be to reomde1 it and use it as a commercial use.
MW�. Qureshi, City Manager, stated staff feels if there is any property where
there is a commercial use intended, it should have a commercial structure on
it. He stated tf there ts a need for the offi ce bu�lding and Council feels
� �t should be rezoned from R-3 to CR-1, then there should be an office structure
built for that purpose.
Mr. Burandt stated he would like to talk with staff regarding the possibility
of remodeling the structure. He stated at this time, it isn't economically
feasible to tear it down, and he bou��ht it with the intent of remodeling it
because as it is now, it is an eyesore
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Ni0TI0N by Councilman Schneider to reconsider the denial of rezoning request
#80-02 as filed by Ted Burandt and place 7t on the agenda for the next regular
meeting, with submission of all the background information on th�s rezo m ng
request. Seco�ded by Councilwoman Moses.
Councilman Schneider stated when this does come up for a vote in order to
support the rezoning, he would want to see the structure demolished and a
commercial building constructed.
M�. Burandt was asked his address which he gave as 6211 Rlverview Terrace
Mr. Qureshi asked if persons in the nei9hborhood should be renotified and
Council felt they should be notified this would be on the Council's agenda
for consideration.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee
declared the motion carried'una m moustiy.
NEW BUSINESS:
RECEIUING THE P1INUTES OF THE PLANNING COMMISSION MIPJUTES OF APRIL 8, 1981.
MOTION by Councilman Schneider to receive the m�nutes of the Plam m �g Commission
Meeting of April 8, 1981. Seconded by Councilman Barnette. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
RECEIUING THE MINUTES OF THE CHARTER COMMISSIDN MEETING OF MARCH 3, 19�1:
MOTIDfJ by Counc�lman F�.tzpatrick to receive the minutes of the Charter Commission
Meeting of March 3, 1981. Seconded by Councilwoman Moses.
Councilman Schnetder stated there was a mntion in these minutes regarding the
redrawing of ward bo�n;��aries 30 days after the offi cial census figures. He
pointed out the opim on recei.ved from the C�ty Attorney did not coincide tinth
this time period, and staff was requested to forward this m�mo from the City
Attorney to the Charter Comm�ssion.
UPON A VOICE VOTE TAKEfd ON THE ABOVE MOTION, all voted aye, and Mayor fJee
declared the motion carried unantmously.
�RECEIVING PETITION #, 1-1981 FROM POLK STREET AND LYN�E DRIVE RESIDENTS
� MOTION by Councilman Barnette to rece�ve the petition. Seconded by Councilman
Schne�der. Upon a voice vote, all voting aye, Mayor Dlee declared the motion
carried unanimously.
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REG�LAR P�EETING OF APRIL 20, 1981 PAGE 9
Mr. Flora, Public Works Dtrector, stated staff is presently reviewing the
items requested in the pet�tion. Mr. Flora stated, if desired, "No Parking"'
s�gns can be installed on Polk Street to cover the hours of midnight to 6 a. m.
Mr. Flora stated, in reference to the gas trucks using Polk and Lynde, staff
could write a letter to the Union 76 station requesting loaded trucks not
to use these streets.
Councilman Schenider stated Ms. Jorgenson felt, uvith � e denial of the rezoning
petition 1n th�s area, the question of sidewalks probably,'didn't need to be
addressed at this time.
Councilman Schneider asked if weiyht restricttons could be posted. P�r.
Herrick, City Attorney, felt staff should rev�ew this item to fi nd out the
total consequences, and report back to the Council.
Councilman Schneider st�ted, regarding the request for a four-way stop at
Polk and Lynde �rive, staff has submitted comments which �iscourages the
use of stop signs as a rreans of traffic contrQl. Councilman Schneider
stated he felt they are not trying to slow traffic, but to provide a safer
cross�ng.
P•10TION by Councilman Schne�der to direct staff to install "No Parking"
signs on Polk Street between the hours of midn�ght and 6 a, m. Seconded
by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanmiously.
RECEIVIfdG BIDS AND AWARDING CONTRACT FOR WATER AND SAPJITARY SE�ER PROJECT
N0. 133 (BIDS OPENED 4/7/81, 11.00 a. m.)•
Mr. Flora, Public Works,Director, stated bids for water and sanivary sewer
pro,7ect No. 133 were opened on April 7. He stated 20 contractors showed an
interest in the pro,7ect, however, 10 bids were received. He stated two
alternate btds were requested, one for PVC water pipe and the other for
duct�le iron, and the difference between the two bids was approximately $5,000.
Mr. Flora stated they would recommend the bids be received and the contract
awarded for the PC� pipe, Alternate A, to the low bidder, Walhunt Construction
in the amount of $47,323.50.
MOTIOfJ by Councilwoman Moses to receive the bids and award the contract to the
low bidder, Walhunt Constructton, for Alternate A, in the �amount of $47,323.50.
PLANHOLDER
Walhunt Construction
1640 - 177th Avenue N.W.
Cedar, MN 55011
D & P Construct�on
Box 505
Osseo, MN 55369
Bonine Construct�on
12636 Main Street
Rogers, PIN 55374
American Contracting Corp.
1540 Yellowbri�k Road
Coon Rap�ds, Mfd 55433
BID �EPOSIT
5%
Balboa Ins.
5%
American Drug Ins.
�2,917.27
(money order)
State Bank of Rogers
5%
Firemen's Fund
BID
ALT. A
� 47,323.50
$ 53,239.34
� 54,H51.77
BID
ALT B
�52,531.50
$ 57,833.1n
$ 53,345.G7
$ 55,534.00 $ 59,657.60
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REGULAR MEETING OF APRIL 20, 1981 PAGE 10
(WATER AND SEWER PRO�ECT N0. 133 BID OPENING CONTINUED)
PLANHOLDER � BID dEPOSIT ALT. A ALT. B
F.F. Jedlickt, Inc. 5% � 66,1G0.00 $ 70,530.00
5411 Bartlet Blvd. Trans American Ins.
Mound, P4N 55364
G. L. Contracting, Inc.
P.O. Box 340
Hopkins, MN 55343
Dawson Construction, Inc
1803 Ferry Street So.
Anoka, MN 55303
Randall Contracting
19334 - 3rd Street N.E.
Cedar, MN 55011
Encon Utilities
1530 East Cliff Road
Burnsville, MN 55337
5%
Firemen's Fund
5%
Travelers Ins.
5%
American Inst
5%
Reliance
5 67,115.00
$ 67,195.00
$ 73,271.50
$103,300.00
$ 70,060.00
$ 75,190.00
$ 78,154.00
$109,810.00
H.B.H. Construction, Inc. 5% $185,3s0.00 $189,720.00
17545 - 6th STreet Balboa Ins.
Cedar, MN 55011
Seconded by Councilman Fttzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
`� �� RECEIVING BIDS AND
1981-10 SEALCOATING
11.00 A.M.):
MOTION by Councilman Fitzpatrick to receive the bids and award the contract to
the low bidder, Dustcaoting, Inc.
PLANHOLDER
Dustcoating, Inc.
Route 2, Box 88A
Glencoe, MN 55336
864-3218 (479-1598)
Allied Blacktop co.
Bituminous Contracting
10503 - 89th Avenue North
Maple Grove, MN 55364
Bttuminous Roadways, Inc.
2825 Cedar Avenue South
Minneapolis, MN 55407
721-2451
Blacktop Service
1200 West Highway 13
Eurnsville, MN 55337
890-6300
BI� �EPOSIT
5% Base
United States
Alt
5%
State Surety
5%
Firemen's Fund
Seconded by Councilman Barnette.
50
,0
Fidelity
Base
Alt
Base
Alt.
Base:
Alt:
$39,860.70
$51,939.70
$41,551.76
�,55,563.40
$41,793.3a
$65,588.97
$47,108.10
$62,810.D0
� Councilman Schneider pointed out the Council has a memo from the City Attorney
regarding these bids and that he does have a concern. He felt if they know
the Union is going to picket, or in one form or another, show they are unhappy
with the bid going to a non-union contractor, it would cost the City more than
tf the bid was awarded to a union contractor He felt for the $1,700 difference
it would be a mistake to create illwill.
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REGULAR MEETING OF APRIL 20, 1981 PAGE 11
Counc�lman Fitzpatrick stated he didn't realize when he made the motion that
this was the bid involving the non-union contractor and, therefore, withdrew
his motion, as did the seconder, for purposes of discussion.
Mr. Herricl<, City Attorney, stated the requtrement, and essence of his memo,
is that the Council award the bid to the lowest responsible bidder. If Council
thought the low bidder wasn't respons�ble and shouldn't be awarded the bid,
they have the alternative to award tt to the second lowest bidder, with the
possibility the low bidder may bring suit. He stated he didn't see anything
�n the State statute that the bid should go to the lowest responsible union
bidder.
Councilman Barnette stated he had felt comfortab7e in seconding the motion to
award the bid to Dustcoating, Inc., and wanted to stay out of the situation
of gettirig tnto la6or problems.
MOTION by Councilman Barnette to receive the bids and award the contract to
the lowest bidder, Dustcoat�ng, Inc. Seconded by Counctlwoman Moses.
UPON A ROLL CALL VOTE, Councilman Barnette, Mayor Nee, and Councilwoman Moses
voted in favor of the motion, Councilman Fitzpatrick and Councilman Schneider
voted against the motion.
Mayor Nee requested the C�ty Attorney to make a finding on whether the motion
carried or failed, and then called a ten minute recess.
RECESS �
A recess was called by Mayor Nee at 9:55 p. m.
RECONVENED
Mayor ldee reconvened the meeting at 10 05 p. m. All Council members were
present.
Mr. Herrick, City Attorney, stated Sect�on 8.05 of the City Charter says that
or� any contract over $10,000, it requires a four-fifths vote to award the
contract, therefore, the motion failed.
MAYOR NEE THEN DELCARED THE MOTION FAILED SINCE THERE WAS NOT FOUR-FIFI'HS OF
THE COUNCILI�MEPI6ERS VOTING IN FAVOR.
MOTION by Councilwoman Moses to readvertise for bids using language regardin9
prevail�ng rates.
Mr. Herr�ck, C�ty Attorney, felt scme research would have to be done before
making any specific recarnmendations on the language tok be used in the bids,
and would bring this back to Council next week.
COUNCILWOMAN MOSES THEN WITHDREW HER MOTION.
MOTION by Councilwoman Moses to re,7ect all bids for Street Improvement Project
St. 1981-10 (Sealcoating), and return the bid bonds. Seconded by Councilman
Schn�icler. lJpon a voice vote, all voting aye, Mayor Nee declared the mot�on
carried unanimously.
IVING BIDS FOR STREET IMPROVEMENT PROJECT ST. 1981-1 & 2(B
in� � � nn n nn \ .
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,
Mr. Flora, Public Works Director, stated three bids were received for Street ,
Improvement Pro�ect St. 1981-1 & 2, however, the City has not received State
approval for improving 69th Avenue and in order to obtain State Aid participation,
the City cannot award the contract until the authorization is received.
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REGULAR MEETING OF APRIL 20, 1981 PAGE 12
Mr. Flora stated �t is recommended, therefore, the bids be rece7ved and the
contract not be awarded until State approval is received.
MOTION by Councilwoman to receive the bids.
PLANHOLDER
N.D.H., Inc.
700 Industry Boulevard
Anoka, MN 55303
Hardrives, Inc.
3030 Har6or Lane
Mpls., MN 55441
C.S. McCrosssan, Inc.
Box A�
Osseo, MN 55369
BI� �EPOSIT
5%
Fireman's Fund
5%
Lumberman's Mutual
5%
Fireman's Fund
BID AMOUNT
$238,592.60
�25D,064,81
$258,82D,40
Seconded by Councilman Schnetder. Upon a voice vote, all votinq aye, Mayor
PJee declared the motion carried unantmou�ly.
� ��,', RESOLUTION N0. 49-1981 CALLING A PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES
SECTION 474-01, SUB�. 7B, DN BEHALF OF PROPOSE� INDUSTRIAL DEUELOPMENT PROJECT
W
MOTION by Councilwoman Moses to adopt Resolut�on No. 49-1981, with the public
hearing set for May 11, 1981. Seconded by Councilman Schnetder. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unaniinously.
` ; RE
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DU-17b1 U1KCl,I11VU If7C 1JJUHIVI,C U� ICI9YUKHKi L°IYKVYGI`ICIVI 6UIVUd
WITH LAWS OF 1957, CHAPTER 385 (WATER, SANITARY SEWER AND STORM
IENT PROJECT ND. 130. SECON� ISSUE):
MOTION 6y Councilwoman Moses to adopt Resolution No. 50-1981. Seconded by
Counctlman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously
51-1981 DIRECTI
PURCHASE OF TEMPORARY IMPRD�EMENT
0
P10TION 6y Councilwoman Moses to adopt Resolution No. 51-1981. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
RESOLUTION N0. 52-1981 DIRECTING THE ISSUANCE OF TEMPORARY
NT
� ,�
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N0. 131
MOTION 6y Councilwoman h1oses to adopt Resolution No. 52-1981. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
N0. 53-1981 DIRECTING THE SALE AND PURCHASE OF TE
' MOTIOfV by Councilwoman Moses to adopt Resolution No. 53-1981. Seconded 6y
Gouncllman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
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REGULAR MEETING OF APRIL 20, 1981
ION N0. 54-1981 DIRECTING THE IS
1
E OF TEMPORARY IMPF
(ST. 19SQ-1, ST. 1
PAGE 13
MOTION by Counc�lwoman P�oses to adopt Resolution No. 54-1981. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
��RESOLUTIDN N0. 55-1981 DIRECTING THE SALE AND
RnNns TN arrnanarvrF i�rrru i aws nF 7QF7 f'FfAPTF
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F, ,
TEMPORARY I
ST. 1980-3 STREET IMPROVEMENT PRO�ECTS
MOTION by Councilwoman Moses to adopt Resolution No. 55-1981. Seconded by
Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
LICENSES:
MOTION by Councilwoman Moses to approve the licenses as submitted and as on
file in the License Clerk's Offi ce. Seconded by Councilman Schneider.
Mr. Qureshi, City h1anager, stated on the liquor licenses for Pulaski's and
George's in Fridley, they are recommended for approval, but would advise
them they would be reviewed on their food sales in six months.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee
declared the motton carried unanimously.
CLAIMS.
MOTION by Councilman Schneider to authorize payment of Claims N0. 105407
through 105T04. Seconded by Councilwoman Moses. Upon a voice votey all
voting aye, P1ayor Nee declared the mot�on carr�ed unanimously
ESTIMATES
MOTIDN by Counc�lman Fitzpatrick to approve the estimates as submitted.
Eugene A. Hickok and Assoc., Inc.
545 Indian hiound
Wayzata, MN 55391
Professional Services--Plarch 1931
for P400re Lake Restoratton Pro,7ect
Halvorson Construction
42Z7 165th Avenue N.E.
Wyoming, MN 55092
Estimate ttl - 19F31 Concrete Curb and Gutter
and 8 Inch Concrete Slab Sections
Snnth, �uster, Fe�kema, Malmon & Haskvitz
1250 13uilders Exchange Bu�lding
Minneapolis, i��N 55402
For Services Rendered as'Prosecutor
for March, 1931
Herrtck & Newman, P.A.
6279 University Avenue �.E.
Fridley, MN 55432
For Services Rendered as City Attorney
for March 1�81
$ 5,386.64
$20,541.50
$ 2,7QO.OD
$ 1,976,50
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REG�LAR MEETING OF APRIL 20, 1981
PAGE 14
Seconded by Councilman Schne�der. Upon a voice vote, all voting aye,
Mayor Nee declared the motion�carried unanimously.
CONSIDERATIOPJ OF APPOINTMENT: ENUIRONMENTAL QUALITY COMMISSION (TABLED 4/6/81)•
MOTION by Councilman Ftizpatrick to nominate Maynard Nielsen for appointment
to the Environrnental Quality Commission. Seconded by Councilman Schneider.
There being no further nominations, the following motion was made•
� MOTION by Councilman Fttzpatrick to close the nominaiions and cast a white
ballot for Mr. Nielsen for appointment to the Environmental Quality Commission.
Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carr�ed unanimously.
REPORT ON CENTER CITY PROJECT:
Mr. �erry Boardman, City Planner, appeared before theiCouncil regarding the
Center City Pro�ect. He stated there have been some questions a6out this
pro�ect and would like to open tt up and answer any questions on the direction
they are proceeding with the pro�ect.
Mr. Boardman stated he submitted a memo regarding the relocat�on. He stated,
actually, by law, on all corranercial or� industrial relocations, all the Hous�ng
and Redevelopment Authority is requested to do is pay relocation costs He
explained HUD'S definition of relocation costs, and stated the same th�ng
appl�es as far as lease hold improvements.
Mr. Boardman pointed out the tenant may accept a lump sum payment �n lieu
of bein9 moved, but has to accept certain criteria.
Mr. Boardman stated another thing allowed under State law is that the H.R.A.
can establish any kind of limits they want, as long as it is done fairly,
, across the board, and as long as tt meets the requirement of not�ficatton
and adoption of a written policy. For example, he stated if you have tenants
that have been in their place of business ten or fifteen year, you can give
them compensatton as long as they meet certain criter�a and are all treated
alike.
Mr. Boardman stated they are working hard to put the Center City development
together, but have no firm commitments at this time. He stated the H R.A. is
satisfted wtth the progress being made. He pointed out they have a ma�or
tenant interested in the property, but still have to go through their rank
and itle and market study and it looked like that commitment would come either
late in June or in July. He stated if that commitment is received, they can
move ahead and start acquisitton proceedings He stated as soon as they are
sure of the commitment, they would notify the tenants.
Mr Boardman stated he has had verbal talks with the tenants and will try to
not�fy them of the progress. He stated there has been a lot of mis�nformation
going around and there was a meet�ng of the tenants.
Mr. Boardman stated the Council may want to send out a not�ce of the progress
and at what point they are at with the pro�ect. He stated, with the amount
of mtsinformation going around, he is concerned the tenants might go out and
find a new locatton and then they wouldn't be eligible for relocation.
Councilman Barnette stated four or five of the tenants in Rice Creek Plaza
, stgned new lease agreements within the last several months and there is a clause
in those agreements that is different than the previous agreements, having to
do wtth the owner of the property having some ownership in their bus�ness. He
thought perhaps this could be brought up as it is a sore point with the tenants.
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REGULAR MEETING OF APRIL 20, 1981 PAGE 15
Mr. Boardman indicated he would like to see a copy of the lease agreement.
Mr. Boardman stated one of the things the property owner may be doing is
trying to maintain an established value on his property. He stated if you
have something happen where you have tenants moving out and 50% of your
butldtngs are vacant, this may have an effect on the appraisal price. He
stated the owner may be tryirig to assure h�mself of the highest value on
the property by maintaining a 100% tenancy rate.
Mayor Nee asked �f there w�s some added requirement on the Stan�ard Oil '
property that the building would have to be taken down. Mr. Boardman stated
the price of $82,000 seems right as the assessor's market value is ,,92>000,
however, now what they are doing is negotiating whether they have to take
down the building or if Standard Otl will allow the building to stand for a
period of ttme. He stated t�hat Standard Oil is 1o�4:ing at is, priinartily,
their image so they would probably want it torn down or remodeled.
Mayor Nee stated he is concerned that the City should be sensitive to public
opinion, as their support is needed to make this work.
Mayor Nee asked Mr. Boardman from the memo �ust passed out, if he could make
such a decision that they could reimburse for lease hold �mprovements. Mr.
6oardman stated they would have to have a handle on what those are before you
establ�sh that criteria. He stated there are things they can do, however,
before they proceed they would want to know hbw it would effect their cash
flow. He stated most housing authorities when they get involved in this
generally look at what is the cheapest way to accomplish the pro�ect.
Mayor Nee stated he has some indication they are having a serious public
relations problem.
Mr. Boardman stated the only person he had problems with, at this point in
time, was the owner of Ron's Barber Shop. He stated he didn't have all the
tnformation, at the time, that was needed regarding relocation. He stated '
the primary concern ts where we are now on acquisition.
Councilwoman Moses stated she had the impression that the current residents
of the Center City Pro�ect would be asked if they would like to move into the
new structure. She asked Mr. Boardman, from his experience in talking with
the tenants, if �t looked like they wanted to move into the building or if
the square foota9e costs would be too much for them.
Mr. Boardman stated right now their costs are about �5 a square foot and with
the new bu�ld�ng, the cost would be from $10 to $12 a square foot, therefore,
he felt they could not afford to inove and would need some subsidy.
Councilwoman Moses asked if the City gets this mall, are they pro�ecting the
additional business would pay for the increased cost in the square footage.
P1r. Boardman stated that would be a determination the businesses would have
to make for themselves. He stated another possibility is the developer
looking at Holly Center for purposes of remodeling so there may be other
possibtlit�es in this area.
Mr. Boardman felt the main thing is that the businesses would miove, if they
feel the business climate is betterin the new center.
Councilwoman Moses asked what would determine how the H.R.A. would feel as far
as subsid�zing the mov�ng of the tenants into the new building. Mr. Boardman ,
stated you would have to take into considerat�on the total cost of putting
this pro�ect together and look at the cash flows to see if they can handle
that kind of expense.
REGULAR MEETING OF ARPIL 20, 1981
PAGE 16
Councilwoman Moses asked Mr. Boardman if he can say the general feeling of the
H.R.A. is, if there is money to work w�th, they will consider su6sidizing those
tenants.
Mr Boardman stated he didn't think they've even explored it at this time.
Mayor Nee suggested a,7oint meeting with the Housing and Redevelopment Authority.
Mr Qureshi, City Manager, stated if the Council wanted to meet wtih the H.R.A.
, to discuss general approaches and policy issues, a request could be made for
them to meet with the Council. A meeting date of May ;, 1981 was suggested by
the Council for this meeting.
ADJOURNMENT:
MOTION by Councilman Barnette to ad,7ourn the meeting Seconded by Councilman
Schnetder. Upon a vo�ce vote, all voting aye, Mayor fJee declared the motton
carried unan�mously and the Regular P1eeting of the Fr�dley City Council of
April 20, 1981 ad,7ourned at 11 p. m,
Respectfully submitted,
� �--!`���.
Carole Haddad
Secy. to the City Council
Approved May 4, 1981
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William J. Nee ;
Mayor
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