Loading...
12/20/1982 - 000127083��� � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 20. 1982 The Regular Meeting of the Fridley City Council was called to order at 7�35 p. m• by Mayor Nee. PLEDGE OF ALLEGIANCE: � Mayor Nee led the Couneil and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMSERS PRESENT: Mayor Nee, Councilman Fitzpatriek, Councilman Hamernik, Councilman Sehneider and Councilman Sarnette MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING. DECEMBER 6, 1982: Councilman Schneider requested a correction on Page 6, paragraph 5, second line to change the word "working" to "wording". MOTION by Councilman Fitzpatrick to approve the minutes with the above correction. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The following two items were added to the agenda after Item 13• � "Consideration of a Resolution to the Mayor of Fourmies, France" and "Request by the Human Resourees Commission to make an application for a $1,000 grant". MOTION by Councilman Schneider to adopt the agenda with the above additions. Seconded by Councilman Fitzpatriek. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. • • , • ; i)�R�M��.Zi7,� There was no response from the audience under this item of business. Mayor Nee asked the Public Works Director, Mr. Flora, to address the question of pollution in the City in light of the publicity Fridley received nationally regarding the FMC hazardous waste site. � 3� r,1 COUNCIL MEETING OF DECEMBER 20, 1982 PAGE 2 Mr. Flora stated the City has been aware of a possible contamination at the FMC property, as they had a burning pit there during the 50's and 60's to dispose of materials. He stated since this has come to the attention of the Pollution Control Agency, FMC has been cooperating with the agency to determine what is in the pit and to what degree it has contaminated the soil. He stated they are studying the site, the Mississippi River, ad�oining property, and the City's municipal well. Mr. Flora stated there is no contamination in the City water system, ' however, there is some contamination in the private wells of FMC. He stated FMC has reeeived approval from the MWCC and the MPCA to use this water for industrial purposes and discharge it into the sanitary system. Mr. Flora stated nine barrels of material have been Found in the old site, but the material hasn't been identified. He further stated there is some contamanation in the soal and, at this point, they are trying to determine to what extent it is leaching through the ground and what preventative measures can be taken. Mr. Flora stated the State did identify a number of sites that have contamination, to the Environmental Protection Agency. He stated the system used in scorang these sites takes into consideration ground and surface water contamination, the type of risks, and the population affected. fle stated that the FMC site received the most points and, therefore in the Environmental Protection Agency rating scheme, came out number one. Mr. Flora stated, as far as the Minnesota Pollution Control Agency is concerned, this site is not the worst in the State. Mr. Flora stated FMC is continuing to work to identify the problem and arrive at a proper solution. He further stated the City's well system, as well as the Minneapolis water works, is checked twice a month with the � latest equipment developed for analyzing water samples. Councilman Schneider stated there is also a potential problem in the Medtronic/Onan area and asked if this site eame in at a higher rating. Mr. Flora stated the Medtronic/Onan site was re,7ected for funding by the Environmental Protection Ageney. He stated the reason the FMC site received sueh a high seore was because of the ground and aurface water contamination, the potential risk, and population affected. Mr. Herrick, City Attorney, stated he talked to the Pollution Control Agency Director and he confirmed what Mr. Flora had stated. He stated he asked about testing the Fridley wells and the Mississippi River water. Mr. Herrick stated there were trace amounts in the Fridley water, but they were so minute they couldn't be measured and, as far as the Mississippi River water, the amount that would be permitted was 2� parts per billion and the most recent and highest measure was 2/10 of 1� per billion so it would be less than 1� of the amount that would be permitted for safe drinking. � � � � COUNCIL MEETING OF DECEMBER 20. 1982 PAGE � Mr. Herrick stated he has recently sent a copy of three reports concerning the FMC site and Medtronie and Dnan sites to the City Manager's office possibly the Council would like to review them. Couneilman Barnette asked who would pay for this to be corrected. Mr. Flora stated the designation of the FMC site may qualify for assistance under the EPA superfund project, probably if they find expensive corrective measures are required. � He stated the Medtronic and Onan sites are local problems which will have to be addressed separately. Mr. Herrick stated he thought the Federal and State governments look at the landowners and, if they aren't capable of handling it, then some superfund money might be made available. OLD BUSINESS: ORDINANCE N0. 766 ADOPTING A NEW CHAPTER � ENSITLED "PERSONNEL" AND REPEALING OLD CHAPTER � OF THE FRIDLEY CITY CODE IN ITS ENTIRETY: MOTION 6y Councilman Sehneider to waive the second reading of Ordinance No. 766 and adopt it on the second reading and order publication. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A SPECIAL USE PERMIT, SP dk82-11, PARK CONSTRUCTION, BY CARL OLSON, TO ALLOW THE USE OF A CRUSHER TO RECLAIM CONCRETE, 7900 BEECH STREET (TABLED 12/6/82): Mr. Flora, Publie Works Director, stated Park Construction has requested a special use permit to locate a roek crusher on their property to recyele concrete. He stated the Planning Commission has recommended approval of � this special use permit and staff has identified three additional stipulations to be considered. They are as follows: (1) The City would be allowed to dump their waste concrete material at this site at no cost with credit; (2) Park Construction would take necessary steps to insure the City and State dust, noise, and environmental limits are not exceeded; and (3) The rock crusher generators and stock piles would be located as far northeast of the Burlington Northern Railroad tracks as possbile. Mr. Prairie, representing Park Construction, stated from the northeast corner of their property, it is 1,16D feet to the nearest home and the businesses are ahout 10D feet closer. He further stated, there aren't any tenants closer than 800 feet. Mr. Prairie stated they estimate about 12,000 tons of conerete a year would be crushed and felt it would take a6out four weeks to accomplish this operation. He stated, therefore, a permit would probably only 6e needed For three to four weeks out of the year. He felt it would also be better to do this operation in the winter. � � � �. COUNCIL MEETING OF DECEMBER 20. 1982 PA E Councilman Schneider questioned why the winter would be a better time. Mr. Prairie stated because people would have their windows shut, and pointed out a similar operation at the airport where he stood about S00 feet away and couldn't even hear the operation and there appeared to be very little dust. Councilman Hamernik asked if they eould sprinkle in the winter, if there is a problem with dust. Mr. Prairie indicated it wouldn�t be possible. Councilman Schneider stated it appears the biggest eoncern would be the dusi from his type of operation and asked if there are any standards. Mr. Flora stated in the City's Zoning Code, the State Code is adopted which does address the dust problem, but didn't know exactly what criteria was used. Mr. Herricic, City Attorney, stated he felt what was used was an opacity test and the question of whether the dust is thick enough to significantly obstruct viewing of a cone or whatever is used. He felt it probably wasn't the most scientific test, but probably the 6est one available for that particular kind of situation, Mr. Qureshi, City Manager, questioned the height of the stock piles, after the concrete is erushed. Mr. Carlson stated they would be 30 feet high. Mr. Qureshi stated there is the potential for the wind to blow this material, as it wouldn't contain any growth to hold down the dust. Mr. Carlson stated, after viewing the airport site and a similar operaton, he didn't believe the dust problem would be any great detriment to the community. Mayor Nee questioned what creek would receive the drainage from this area, and Mr. Flora stated the drainage goes into Stonybrook Creek. A motion was made by Councilman Hamernik and seconded by Couneilman Barnette to take this item off the table, and Councilman Hamernik repeated the following motion, which was made at the December 6, 1982 meeting, and now on the floor. MOTION by Couneilman Barnette to grant speeial use permit, SP �82-12 to Park Construction for only a one year period after that period it is to be reviewed and re-evaluated and, further, that the City be allowed to dump waste concrete material at Park Construetion's storage site. Seconded by Councilman Hamernik. Councilman Fitzpatriek asked if a shorter permit could be granted rather than for one year. ' I � ��1 � � � COUNCIL MEETING OF DECEMBER 20� 1982 PAGE 5 � ip } Mr. Carlson stated he didn't know if they would have enough concrete a year from now to even crush it, as it takes a while to let the contractor's know this site is available for crushing concrete. Mr. Prairie stated the Council may wish to consider giving the special use permit for one crushing operation and then the Council could view the operation. Mr. Carlson stated they intend to get into the business because of the State program, but it didn't mean a crusher wzll be on this site. MOTION by Councilman Barnette to amend the motion to grant the special use permit, SP #82-12 only for the period from March 1, 1983 to February 28, 1984 and re-evaluate the permit at the first regular meeting af the Council in March, tg84, providing there has been one crushing operatior. at that time. Further� that the City be allowed to dump their waste conerete material at this site at no cost with credit; Park Construction would take necessary steps tv insure the City and State noise, dust, and environmental limits were not exeeeded; and the rock crusher, generators and stock piles would be located as far north and east on the property as possible. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated there is the potential some of this material may get into Stonybrook Creek and felt it was reasonable for Park Construction to meet the standards and criteria of the Rice Creek Watershed District. Mayor Nee stated he felt this was imperative sinee the dust may be a serious consideration for adjoining properties. Mr. Qureshi stated, that the requirements to be followed is that, there should be no dust problem beyond Park Construction's property lines. MOTION by Councilman Fitzpatriek to amend the above motion by adding that the same standards regarding run-off be applied to this site, as applied in the Rice Creek Watershed area. Seconded by Councilman Sarnette. Mr. Flora stated what is required is some sort of detention pond for surface water on the site and a weir to filter the water before it goes into the stream. Mr, Prairie asked if this would be required if there isn't any problem. Mr. Qureshi stated these standards are applied for any new development and before any water goes into the creek, it is detained and goes through a filter system. Mr. Carlson felt this operation should be monitored for a year and if it poses a great problem, they would work with the City Engineer to take immediate action to correct it. 6� d� ; � � r�� COUNCIL MEETING OF DECEMBER 20, 1982 PA E Councilman Schneider asked if they would be willing to pay the City for costs that might be conneeted with this operation in the event it does beeome a problem. Mr. Carlson stated he was not willing to put in a dollar amount or to assure this, but they have insurance coverage iF they were destroying an ad,7acent property. Mr. Flora stated, personally, he didn't think this would be an expensive � item to provide the detention pond and weir as Park Construction probably already has 95$ of this on their site. Mr. Carlson stated he is not asking for a permit to pollute any water, but didn't want to go into an expensive system. He stated, if it is something within reason, they would be willing to cooperate with the City. UPON A VOICE VOTE TAKEN ON THE ABOVE AMENDMENT TO THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RECOMMENDATION THAT JAY PARK BE ADDED TO APPROVED GENERAL SKATING AREAS FOR 198�-84 IN RESPONSE TO PETITION 9-82 (TABLED 12/6/82): MOTION by Councilman Fitzpatriek to coneur with the unanimous recommendation of the Parks and Reereation Commission and Planning Commission to put Jay Park on the list of those that would have a general skating area in the 1483-84 season. Seconded by Councilman Barnette. Councilman Schneider questioned what criteria was used in determining where an ice rink should be provided. Councilman Fitzpatrick stated one of the points made in this paticular � request is that there are 50 to 60 elementary shcool children and when the decisions were made where to provide ice skating areas, these children were gre-sehoolers. Councilman Hamernik stated the Commission felt the area is bounded by ma�or artery areas and not convenient for those children to walk to other areas. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee deelared the motion carried unanimously. C9[�L$SPERATION OF APPOINTMENT TO ENERGY COMMISSION (TABLED 72/6/82): MOTION by Councilman Fitzpatriek to table this appointment to the Energy Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �JI � �� COUNCIL MEETING OF DECEMBER 20. 1982 RECEIVING PLANNING COMMISSION MINUTES OF DECEMBER 8� 1982: PAGE 7 LOT SPLIT REOUEST. L. 5. dk82-D7 SY DENNIS & CHRISTINE MORLEY. 1524 OSBORNE ROAD TO MAKE A NEW BUILDING SITE AT 7675 BRIGADOON NE: Mr. Flora, Public Works Director, stated the property is located between Brigadoon Place and Osborne Road. He stated the owners, Mr. and Mrs. Morley, have requested the lot be split in order to provide another � buildable lot. He stated this meets all the zoning requirements, including a 25 foot easement for streets and utilities. Mr. Flora stated the Planning Commission has recommended approval of the lot split, however, staff would recommend, in conneetion with the lot split, the driveway be paved. He stated there is a considerable amount of expense involved with driveways that aren't surfaced because they increase street maintenance, sewen eleaning, and aecrease safety on the traveled street. Councilman Schneider stated he recognizes there is a financial hardship involved with this request, Mrs. Morley stated there is no way any of the sand or debris from their driveway goes onto Osborne road and, in fact, �ust the opposite occurs because their lot is lower than the street. Mr. Qureshi suggested possibly they could provide this paving at the time Os6orne Road is improved. MOTION by Councilman Sehneider to concur witki the recommendatxon of the Planning Commission and grant lot split, LS ��82-07, with the understanding that a$500 park fee will be paid at the time the lot is sold. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee � deelared the motion carried unanimously. APPEALS COMMISSION ITEM, MEETING OF NOVEMSER 16. 1982 - VARIANCE REQUEST FOR A FREE STANDING SIGN TO BE INCREASED FROM 144 SQUARE FEET TO 216 SQUARE FEET SO A NEW TENANT CAN SE ADDED TO SIGN, 755 S�RD AVENUE NE. TARGET AND NORTHWEST FABRICS. BY C. M. LERSERG. NORDOUIST SIGN COMPANY: Mr. Flora, Public Works Direetor, stated the current sign ordinance limits free standing signs to 80 square feet. He explained the build�ng on the south portion of Target has been rented to Northwest Fabries and because of the distance they are located from the street, they are requesting to put their sign underneath the Tar�et sign. Mr. Flora stated in 1967, the City issued a sign per�it to allow Target to construct a 310 square foot sign, however, when the sign was redone, the square footage was reduced to 144. Mr. Flora stated the variance requested now is to add 72 square feet to the sign, making a total of 216 square feet. � M� � � ��, COUNCIL MEETING OF DECEMBER 20. 1982 PAGE Mr. Flora stated the Appeals Commission did recommend approval of this variance. MOTION by Councilman Hamernik to concur with the recommendation of the Appeals Commission and grant the varianee for the free standing sign to increase it from 144 square feet to 216 square feet. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. APPEALS COMMISSION ITEM� MEETING OF NOVEMBER �D, 1982 - VARIANCE � REOUEST FOR A FREE STANDING SIGN TO BE INCREASED FROM 159 SOUARE FEET TO 191 SOUARE FEET� GRADY MeCORKEL. ARROW SIGN COMPANY FOR BURGER KING. 6410 UNIVIERSITY AVENUE: Mr. Flora, Public Works Director, stated free standing signs are limited to 80 square feet under the sign ordinance. He explained the nequest from Burger King is to add the addition of a reader board to advertise their sales. Mr. Flora stated in 1969> the City approved a 154 square foot sign, however, it was recently brought to their attention the sign was increaeed to 191 square feet, with the addition of the reader board. He stated Burger King was advised to come in and request a variance for this sign. Mr. Flora stated the Appeals Commission felt there was a proliferation of signs in this area and recommended, through the Planning Commission, denial oF this variance to which the Planning Comraission concurred. Mr. Ranek, representing Burger King, stated the 159 square foot Burger King sign had an additional 2 x 12 foot "drive through" sign underneath it. He stated they removed the ��drive through" sign and in its place, put up a 32 square foot reader board. He stated, when the corporation decided the reader board was necessary, � they instructed the sign eompany to get the necessary permits before they put it up and, apparently, these permits were never taken out. Mr. Ranek stated, basically, they are requesting a 5� inerease in the square footage and what was presented to the Appeals Commission was a variance from 159 square feet to 19� square feet, but what they now have is 167 square feet. Councilman Fitzpatrick questioned the figure of 191 square feet. Mr. Flora stated the sign permit allowed a logo ("Burger King" sign) and after the logo was installed, a"drive throughTM sign of 2�1 square feet was put up, however, the City looked a this "drive through" sign as a directional sign, and did not require a permit. He stated this direetional sign of 24 square feet was replaced with the reader board sign of 32 square feet, making a total of 191 square feet (159 s4uare feet for the logo sign and 32 square feet for the reader board). � . , �_ , � � �: ; � �:� PAGE 9 3 2'�' �� � Mr. Ranek stated he understood the "drive through" sign was included in the 15g square feet. Mr. Flora explained that this was an additional 24 square feet to the logo sign. Mr. Ranek stated, sinee the reader board sign has been there, they have seen a 3o� increase in sales. He explained this store is not one of the better ones, as far as sales, so they welcome the inerease. � Councilman Sehneider asked about the possibility of reducing the logo sign. Mr. Ranek stated they would be spending more money, if they reduced the existing logo sign, and it would eliminate the limited visibility they have now. Mr. Ranek stated the increase in sales is good For Burger King, as well as the community, as they hire more people and increase the tax base. He stated they currently employee 60 students, as well as housewives who work on a part-time basis. Mayor Nee asked if the sign company installing this sign was licensed in Fridley. Mr. Flora stated they were licensed, however, he is presuming when they removed the "drive through" sign and replaced it with the reader 6oard, they thought it was a one-for-one exchange. He stated the sign company should have come in for the permit. Mr. Ranek stated the sign company went to one of the city inspectors explaining what they wnted to do and they were, basically, told that it was a one-for-one switch, and to go ahead and they didn't think there would be any problems with it. � Councilman Fitzpatrick stated the reader 6oard does change the character of the sign from a darectional sign to an advertising sign, Mr. Ranek felt they do have a hardship, as they don't want to close any stores, and the reader board has added at least 30$ to their sales. Councilman Hamernik asked Mr. Ranek iF he felt this sign would be for a short term. Mr. Ranek stated he didn't feel it would be, as the company continues to come up with different menu items and promotions for which the reader board is used. Councilman Schneider asked at what point in time they would be willing to come into compliance with the ordinance to reduce the signs to 80 square feet. Mr. Ranek stated he was not aware this is a requirement. Councilman Schneider stated if they were to build a Burger King in that location today, the maximum size of the sign allowed would be 80 square feet. � 3 � �' ��, COUNCIL MEETING OF DECEMBER 20. 1982 Mr. Yancey, representing Burger King, stated if the Center goes through, they will build their store in another location requirements of the ordinance would then be met. PAGE 10 City pro�ect and all the Councilman Schneider asked if they would be willin� to bring the sign into compliance in two years. Mr. Ranek stated if the Center City pro�ect does not go ahead, they would be willing to come into compliance with the sign ordinance in two years. Mr. Ranek stated he would ask the Council to take a second look at the hardship they are facing and what they have been able ta accomplish with this sign in order to alleviate that hardship, Ae stated they are trying to stay in business and keep people employed, and didn't know if this was brought out at the Appeals Commission meeting. Mr. Ranek stated he was sure the figures of a 30$ inerease in sales, with the addation of this reader board, were not available at the Appeals Commission meeting. Mayor Nee asked if they could recoup their costs for this sign in six months. Mr. Ranek stated this is normally set up over a two year period. Mayor Nee stated he hated to see them lose by eliminating the sign, but has a problem as they will probably receive similar requests from all over the City. Councilman Hamernik suggested a deadline date of September 1, 1983 where they either come into complianee with the ordinance or take down the reader board sign. Mr. Ranek stated he would be in agreement with Councilman Hamernik's suggestion of having thas sign until September, 1983 and at that point, either take down the reader board and put the "drive through" directional sign baek up or come into compliance with the sign ordinance. MOTION by Councilman Hamernik to allow Burger King until September 1, 1983 to either bring their sign into compliance with the 80 square feet or take down the reader board. Seconded by Councilman Fitzpatriek. Councilman Schneider felt staff should send a letter to the sign company asking what happened in this case or, if it is a City problem, find out who the sign company had contacted in the City. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of December 8, 19SZ. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE CASLE TELEVISION COMMISSION MINUTES OF THE MEETING OF NOVEMBER 4. 1982: MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Commission Meeting of November u, 1982. Seconded by Councilman , � � � � , � COUNCIL MEETING OF DECEMBER 20. 1982 PAGE 11 �� r_,� ? Hamernik. Upon a voice vote, all voting aye, Mayor A�ee deelared the motion carried unanimously. RECEIVING THE MINUTES OF THE POLICE CIVIL SERVICE COMMISSION MEETING OF 1q82: MOTION by Councilman Hamernik to receive the minutes of the Police Civil Service Commission Meetings of 1982. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. CONSIDERATION OF SURETY BOND AMOUNTS FOR THE FIRE ftELIEF ASSOCIATION SECRETARY AND TREASURER: MOSION by Councilman Schneider to concur with the surety bond amounts for the Fire Relief Association Secretary and Treasurer. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF ERTENDING THE ANIMAL CONTRQL CONTRACT WITH MAPSI: Mr. Qureshi, City Manager, stated an animal eontrol contract has been negotiated with MAPSI for 1983, Mr. Qureshi stated the Publie Safety Director, Mr. Hill, feels it is a reasonable contract, under the present conditions, He pointed out if the City comes up with something better, the contract can be caneelled in 30 days by either party. Mr. O,ureshi stated MAPSS has provided service to the City for a number of years, however, it is now recognized and they are under ownership. MOTION by Councilman Barnette to approve the contract negotiated with MAPSI for animal control services for 1983• Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARDING PACKAGE PROPERTY AND CASUALTY INSURANCE (BIDS OPENED 12/8/82): MOTION by Councilman Schneider to receive the bids. Property- Casualty Liquor Actual Amounts 1982 $217,412 Home $2150 Jefferson Rice Creek $167,96�+ Home Included Transcontinental $154,413 Home $5578 Carolina Casualty ��� COUNCIL MEETING OF DECEMBER 20. 1982 (BIDS CONTINUED) Umbrella Public Officials ($7,000,000) Police Professional ($500,000/claim) Property- Casualty Liquor Umbrella Public Officials ($1�OOD,000) Police Professional ($5DO,D00/claim) $9790 Midland $3962 Western $10,870 Sransit Casualty $244,184 T.C. Field $190,413 LMCIT $5900 Ttain City Fire ��1r500�000) $3035 LMCIT ($500,000) Included $199,3�+8 $5000 Integrity +1000 +$1D0 �$7r500�000) $3678 International Surplus Lines $z835 Atlanta International ($700,000) or $4785 American Home $176,527 Kelly None $5150 St. Paul $6922 St. Paul �:S_H_?iFa $2200 Mission ($1,000,000) $3D08 Western $�+�+90 Jefferson or $6000 Transit Casualty $169,689 LMCIT Nat'1 Union Employee Henefit $190,542 Included None $3035 LMCIT ($500,000) Included? a$10D0 additional for $300,OD0 instead of $500,OD0 underlying limits and $100 for police professional coverage b $161,969 7,, 551 $154,473 , �- , f��y w F. ( A I' COUNCIL MEETING OF DECEMBER 20. 1982 PAGE 14 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. Mr. Inman, City Clerk, stated the Council has a memo from the City Manager regarding the comprehensive review made of the City's risk management procedures. � He further stated that he, Jim Hill, Sill Hunt, and Tony Roach served on a special task force for this purpose and the city contracted with Control Data Business Advisers, Ine, and Dr. Whitman, as a special consultant, in - drawing up bid specifications for the insurance package and evaluating the bids received. Mr. Inman stated the City has rebid the entire insurance package, although not required to do so. He stated, based on the low bid from Transcontinental Srokers, it is recommended they be awarded the bid for all City insuranee coverages. Mr. Inman stated there would be a final submission of documents which will not materaally affect the bid amount, and pointed out this bid will amount to a savings of $74,495 over the premium for 1982. Dr. Whitman, special consultant, stated the eoverages are basically the same, but there are some improvements in certain areas. Mayor Nee stated cutting the cost by about $70,000 certainly suggests they were overpaying last qear or won't be adequately covered now. Dr. Whitman stated the cost reductions resulted from several things; a well-managed bid process, competition right now with the insurance eompanies, as well as a better loss experiance in going into this bid process, particularly in the area of workmen's compensation. � Ms. Barb Aune, 389 Riee Creek Terrace, representing the Rice Creek Agency, stated she would like to propose that the insurance for the City be split between their agency and Transcontinental Brokers for the following reasons: (1) the insuranee has been split for the past three years with no problems and they have been writing the umbrella and Transcontinental was writing the rest of the insuranee; (2) they feel they have been unfairly treated in the past in regard to the City's insurance; (3) the Rice Creek Agency is a Fridley business and everyone in their office lives in Fridley, and she and Jim Black have lived in Fridley for the past 20 years and had their business here for this geriod of time; (4) they are located next door to the City Hall and in an excellent position to be in daily contact with the City's insurance needs; (5) details of the insurance program can be initiated between them and Transcontinental before the expiration date of January 1, 1983; (6) the City has the option to change insurance agents at any time; and (7) the City has an obligation to support Fridley businesses. She questioned how the City can expect the Center City project to sueeeed without supporting loeal business, She stated the Rice Creek Agency is in Fridley and their personal investment in the Center City pro�ect shows � �a�> ^n �� �_, COUNCIL MEETING OF DECEMSER 0 1Q8 PAGE 14 their long-term commitment to Fridley. She stated they are part-owners an the new Plaza office building and plan to move their offices into this building when completed, and the Rice Creek Agency would like the opportunity to work hard for the City. Couneilman Schneider asked if they could provide the same services for the same price. Ms. Aune stated their bid is higher because it includes the liquor liability and their quote was from another company. Mr. Blaek of the Rice Creek Agency stated the liquor liability is always � in a separate policy. He stated Transcontinental's bid was $60,000 and theirs was $62,000. Mr. Black stated they were assured by Home they were getting the same quote as Transcontinental. Dr, Whitman stated at the bottom of Table 3, under footnote b, there is a figure of $7,551 which is what Home charges for the liquor liability. He stated Transcontinental obtained the same kind of coverage, through another carrier, for a lower premium. He stated the City could take the liquor coverage with Home or Carolina Casualty, as the coverage is the same. Mr. Dale Hadtrath, representing Transcontinental Brokers, stated he has lived in Fridley for 25 years and has tried hard to service the City on their insurance needs. He stated the Transcontinental bid is $6,000 lower and the Rice Creek Agency would be paying another agent or commission to go through Transcontinental as a broker. Mr. Inman, City Clerk, stated the umbrella was previously awarded to the Rice Creek Agency because they were the low bidder and pointed out, the umbrella doesn't require any correspondenee with the company, other than � passing the original cheek, unless there were some claims. He stated if the Council was to split the bid, he would like a chance to comment on the administrative problems. Mr. Herrick, City Attorney, stated the City is not required to bid the insurance, but onee it is bid, the council is required to make the award to the low bidder. He stated if there was an award of coverage to anyone, other than the low bidder, this may be a problem. Mayor Nee stated another question as if they can amend the bid, after it is reeeived. Dr, Whitman stated sever�l parts of the bid are focused on the capabilities of a servicing ageney and the service an agent can provide. He stated the specifications not only deal with price, but also service and coverage. � ' � �� COUNCIL MEETING OF DECEMBER 20, 1q82 PAGE 15 ��r c� � He stated one of the things that is zmp�rtant is the experience of the agency in this type of business and Transcontinental has a lot more experience in governmental business. Dr. Whitman stated one of the funetions an agency provides is to search the market and obtain the best price and, if a servicing agent has a larger volume of business, they have more bargaining power. ➢r. Whitman stated there has been some problems in splitting the coverage, as there was a duplication, and this probably arose because there were two different agents. He stated there is not doubt in his mind the City is better having one prineipal servicing agent. Mr. Black stated the has been following this biding procedure for many years and the City has continually found it necessary to hire consultants, and this is reason enough to show that a ehange may be needed. He felt there were some mistakes being made in the City's whole proeedure, and th staff should be capable of drawing up the specifications. Dr. Whitman stated, in terms of service, there will be less need for a consultant in the future because for the first time, a list of serviees is included. Councilman Hamernik asked if it was stipulated in the bid that coeerage could not be split. Dr. Whitman stated legally it could be done, however, economically it isn't a good decision. Dr. Whitman stated to write-up and meet these specifications takes a lot of work and all the agents involved deserve a commendation. He stated when you come down to �ust the cost criteria, there is no way he can see that the Rice Creek Agency could be low the waythe bids were submitted. MOTION by Councilman Barnette that the bid for property and casualty insurance for the City be awarded to the low bidder, Transcontinental Brokers, for all coverages, contingent upon final submission of documents which xill not materiallq affeet the bid amount. Seconded by Councilman Hamernik, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS FOR FRIDLEY COt�fUNITY PARK SPORTS LIGHTING PROJECT (BIDS OPENED 12/1�/82): MOTION by Councilman Barnette to receive the bids. CONTRACTOR Collins Electric M.J.B. Electric Contraetors BID FOR LIGHTING 6 FIELDS 4 FIELDS $300,424.00 $293�670.00 $248,076.00 $253,670.00 M � c �_? � COUNCIL MEETING OF DECEMBER 20. 1982 (BIDS CONTINUED) Egan MeKay Gopher Electric Contractors Structural Contractors Conservation Systems, Inc Ridgedale Electric Hoffman Eleetric Electrie Service Company Killmer Electric Company Electrie Repair Berg Electric $321,082.00 $315,678.OD $3�1,180.00 $324,830.00 $324,367.75 $319,419•00 $338,000.00 $349,200.00 $355,OOO.DO �344,OD0.00 $258,382.00 $265,678.00 $275,757.00 $275,330.00 $278,353.00 $281,578.00 $286,500.00 $z93>3oD.00 $300,D00.00 $319,o0D.00 PA The bid submitted by Bacon Electric is not being considered since they failed to submit a Sad Bond as required in the advertisement and Bid documents. Seconded by Councilman Sehneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated staff is currently reviewing the bids and some alternatives. He stated they are working with a consultant to determine if they should readvertise or award the bid, based on the ones received. Mr. Qureshi, City Manager, stated stafF felt the bids were higher than anticipated and want to review it further. RESOLUTION N0. 104-1Q82 IN SUPPORT OF CHANGES IN STATE AID FORMULA: AND CONSIDERATION OF $100 DONATION: Mr. 7nman, City Clerk, stated he has been attending meetings of the Metropolitan Loser's Group whose ob�ective is to change the State Aid Formula. Mr. Inman stated in addition to consideration of this resolution to support a change in the State Aid Formula, a donation of $100 is requested to cover expenses of the Metropolitan Loser's Group. MOTIOP by Councilman Barnette to adopt Resolution No. 104-1962 and, further, to authorize a donation of $100 to the Metropolitan Loser�s Group. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. ' �- � � � � �� � iD �� � C a� �� COIINCIL MEETING OF DECEMSER 20. 1982 PAGE 17 RESOLUTION NO 105-1982 OF CONGRATULATIONS TO MONSIEUR FERNAND PECHEUX� MAYOR OF FOURMIES FRANCE, ON HIS RECEPTION INTO THE ORDER OF THE LEGION � HONOR: MOTION by Councilman Fitzpatriek to adopt Resolution No. 105-1982• Seoonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. REQUEST FROM THE HUMAN RESOURCES COI�fISSION TO APPLY FOR A$1,000 GRANT: MOTION by Councilman Schneider to support the Human Resources Commission request and authorize the application for this $1,OOD grant from the National Year of Disabled Persons Award Competition. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. [�iR=J�M�� MOTION by Councilman Schneider to authorize payment of Claims No. 338566 through 351Z07. Seconded by Councilman Fitzpatrick. ❑pon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. LICENSES: MOTION by Councalman Barnette to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motzon carried unanimously. ESTIMATES: MOTION by Councilman Schneider to aprove the estimates as submitted. Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Building Minneapolis, MN 55402 For legal services rendered as City Prasecutor for the month of October, 1982 For legal services rendered as City Prosecutor for the month of November, 1982 E. A. Hickok & Associates, Inc, 545 Indian Mound Wayzata, Mn 55391 Professional services, November, 1982 Moore Lake Restoration Pro�ect Seconded by Couneilman Barnette, $5,625.00 $4,862.50 $ 950.oy � ��? COUNCIL MEETING OF DECEMBER 20, 1Q82 �� : Couneilman Hamernik stated he noticed the fees for the Prosecuting Attorney have increased. Mr. Qureshi, City Manager, stated because of the new drunk driving law, it has inereased the workload substantially, however, the fines the City receives are more than what they are paqing the Prosecutor. UPOPI A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by Councalman Barnette. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously and the Regular meeting of the Fridley City Council of December 20, 1982 adjourned at 10:40 p. m. Respectfully submitted, ��r�,,t��� ����� Carole Haddad Secretary to the City Couneil Approved: �anuary 10, 1983 ��/� � � �, � r William�J Nee Mayor , � ' �