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08/14/1989 - 00006999L_J � ' THE MINUTES OF THE REGULAR MEETTNG OF THE FRIDLEY CITY COUNCIL OF AIIGOST 14. 1989 This was the first meeting of the City Council in the newly renovated Municipal Center's Council Chambers. The meeting was called to order at 7:40 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 Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, JULY 24, 1989: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: SWEARING IN OF NEW POLICE OFFICERS: Mr. Jim Hill, Public Safety Director, introduced two new Fridley Police Officers, Richard Ce5are and Robert Rewitzer. He stated both of these officers have received degrees from North Hennepin Community College. He stated Mr. Cesare was previously employed with the City of Golden Valley, and Mr. Rewitzer was employed by the City of Anoka. Mr. Hill stated both officers held positions as Community Service Officers in these cities. Mr. Hill administered the oath of office to the new Police Officers and they were welcomed to the City by the Mayor and members of the City Council. � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1989 PAGE 2 � REPRESENTATIVE ALICE JOHNSON: Representative Alice Johnson addressed the City Council regarding Governor Perpiah's tax bill. She stated there may or may not be an upcoming special legislative session to consider this bill. Representative Johnson stated some of the proposals in the bill have been upsetting, especially to local governments as there are changes proposed which would affect aids to local governments. Representative Johnson stated she would like to hear the Council's thoughts and comments regarding this proposed bill. She stated there will be many committee meetings and this proposed bill would be discussed at the DFL caucus this Wednesday. She stated she would like the Council to be quite speaifiC about any questions they may have regarding the bill and she would address these at the caucus meeting. Representative Johnson stated she reviewed Mayor Nee's testimony given at the opening meeting Governor Perpich held in Brooklyn Park. Representative Johnson stated the members of the House and Senate passed what they felt was a good bill and it was vetoed by Governor Perpich. She stated the Governor has stated a system is needed that is simple, fair, and holds units of government accountable. She stated they are trying to find areas where they agree in order � to pass a bill that meets all these requirements of simplicity, fairness, and accountability. Mayor Nee stated the Council has not discussed the bill and does not know what it contains and the implications. He stated judging from what he has read, he felt it is extraordinarily hostile to the interests of cities, as it changes their whole financial pioture. Mayor Nee stated he felt the proposed bill would eliminate State aids and not replace them. He stated he understands the cities would be given funds from sales taxes and franchise fees and the disparities would be incredible. Representative Johnson stated this discussion was typical in the committee meetings and the speaker was upset by the idea of a sales tax. She stated those cities with large shopping centers would have a wonderful advantage of collecting taxes from persons who were not residents. Mayor Nee stated disparities continue to work against Fridley, xe stated the franchise fee is not a realistic option for cities and felt the proposed bill would elimina�e about 30 percent of revenue to the City. He stated to replace this revenue, the City would have to double their levy and this is prohibited by the Charter. He felt the bill was a misguided piece of legislation. � Representative Johnson stated she would leave a copy of the bill and summary with the Council for their review. She stated in this proposal, there is also a review of all the mandates. � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1989 PAGE 3 Councilwoman Jorgenson stated she has spoken to Representative Johnson regarding the City's problem with the levy limits as this is regulated by the Gharter. Councilman Schneider stated he would like to review the mandates further. He also stated if the School Districts and County do not reduce their taxes and the City loses the State aid, there would have to be a drastic cut in City services or a raise in taxes. Representative Johnson stated the State aids would not be reduced in the first year and the reforms in the bill would take effect over a ten year period. She stated this would also mean that, even if the Governor runs for re-election, there would be a new Governor and Legislature by the time all the reforms finally took effect. Councilman Fitzpatrick felt Mayor Nee had addressed the City's viewpoint very well. He stated he felt Representative Johnson is aware of the City's conoerns and if there was a special session, she should come back to the Council for any further aomments or questions. Councilman Billings stated the Council prepared their budget based on the information available to them and if there was a special � session and changes made in the tax bill, there would not be time for the Council to make changes in the City's budget. He stated in light of the fact that it took the Legislature five months to put forth their tax bill, and then to have the Governor suggest that everything should be done again in a matter of weeks, without the benefit of public input, he did not feel this would create the best type of legislation. Representative Johnson stated she would bring the Council's concerns and comments before the caucus. 5he stated the City of Fridley has kept her well informed which is very helpful to her. COMPLAINT - COMMONS PARK: Mr. Owata, 548 63rd Avenue, stated there have been problems with persons having parties and congregating in Commons Park in the late evening hours. He stated there is a sign posted which states no cars are to be parked in the lot after 10 p.m. Mr. owata stated the Police Department has been very cooperative and responded by asking these persons to leave the premises. He felt, however, it may help the problem if some tickets were issued. Mr. Hill, Public Safety Director, stated the police officers have been advised to double back to the park after requesting these � people to leave since they have been returning. He stated there is nothing in the City's ordinance regarding the hours a park is open. FRIDLEY CITY COIINCIL MEETING OF AUGUST 14, 1989 PAGE 4 � Councilman Schneider asked if these persons would be issued a ticket. Mr. Hill stated they would be ticketed if they were disorderly. Councilwoman Jorgenson asked if alcoholic beverages were allowed in the park. Mr. Hill stated beer is allowed in neighborhood parks by permit. He stated in this case, unless there was a permit, alcoholic beverages would not be allowed. Councilman Schneider felt the Park and Recreation Commission should be made aware of Mr. Owata's concerns. RECEIVING THE PRELIMINARY 1990 DRAFT BUDGET: Mr. Burns, City Manger, stated this draft 1990 Budget is presented for the Council's review. He stated a budget message will be submitted at a later date, with a full explanation o£ the contents, and a public hearing would be held. Mr. Pribyl, Finance Director, stated the City is waiting for the County to establish their public hearing date, as State law now � requires the County to set their public hearing date first. He stated staff would verify the County's public hearing date so the Council could establish their date for the hearing on this budget. MOTION by Councilman Schneider to receive the preliminary draft of the 1990 Budget. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deolared the motion carried unanimously. PUBLIC HEARINGS: PUSLIC HEARING ON A FINAL PLAT, P.S. #89-02, SBF ADDITION, TO REPLAT LOTS 1. 2, 28 AND 29, BLOCK 2, COMMERCE PARK INTO TWO LOTS, THE SAME BEING 250 OSBORNE ROAD N.E., BY JEROME FARRELL: MoTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seoonded by Counoilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:30 p.m. Ms. Dacy, Planning Coordinator, stated this site was recently rezoned to enable the construction of a movie theater, shopping center, and free-standing commercial building. She stated the Planning Commission has recommended approval of this plat with � several stipulations which she outlined as follows: (1) cross parking easements shall be recorded between Lots 1 and 2, Block 1, � � L__J FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1989 PAGE 5 of SBF Addition; and (2) a park fee of $.023 per square foot shall be paid prior to issuance of a building permit. Ms. Dacy stated in regard to the third stipulation regarding the need for a variance, staff has consulted with the City Attorney and he has recommended the petitioner move the west property line to the west so it would fall on the common drive. She stated staff has verified the petitioner's survey to make sure the plat locates the lot line within the common driveway and not the parking stall, therefore, the stipulation regarding the variance is not needed. Mr. Farrell stated there are problems with the project which are fairly typical. He stated Cub Foods is still on the lease for the building and he is working with them to negate their lease. He stated it has also taken longer than anticipated to obtain the financing so they are several months behind schedule. No other persons in the audience spoke regarding this plat. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:35 p.m. 2. PUBLIC HEARING ON THE SALE OF EXCESS PROPERTY, BETWEEN LOTS 22 THROUGFI 30, BLOCK 5. HYDE PARK, BY WAYNE JOHNSON: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publio hearing opened at 8:35 p.m. Ms. Dacy, Planning Coordinator, stated this public hearing is to determine whether or not the east six feet of the 12 foot alley abutting Lots 22-30, Block 5, Hyde Park, is excess property. She stated in 1988, the City vacated the alley at the rear of these properties. Ms. Dacy stated under Minnesota law, half the alley access went to the property owners to the west and the other half to the State. She stated the City approached the State for a deed to convey this back to the City in order to convey it to the property owners. Ms. Dacy stated in order to record the deed from the State to the City, the County advised the City that the State's Certificate of Title has to be memorialized. She stated this requires a court proceeding which takes three to six months. Ms. Dacy stated this public hearing is to obtain input from abutting property owners affected by this vacation and if they are willing to proceed with the City in this memorializing process. Mr. Herrick, City Attorney, stated the State has deeded the property to the City, but it cannot be recorded. He stated in the � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14. 1989 PAGE 6 Torrens system, when any changes are made, they are done by attaching memorials to the certificate. He stated in this particular case, what needs to be memorialized is the City's action to vacate the alley. Councilman Fitzpatrick asked if the property owners adjacent to this alley already have the west six feet. Ms. Dacy stated the ordinance for the vacation of the alley was published, but it has not been recorded because of the complications regarding the State�s Certificate of Title. Mr. Herrick stated if there are some property owners who want to express they have an interest in the east six feet, the Council should take this into consideration at this time. Mr. John Early stated he owns property to the south of Mr. Wayne Johnson. He stated they are in favor of Mr. Johnson's proposal, however, he wondered if the intent was to give the property owners the six feet or if they would be charged for this property. Mr. Herrick stated this is not a legal question, but one of policy. He felt the Council may not want to charge for this six feet if it really does not have much value. He stated, however, the Council may wish to address the court costs and if the property owners should contribute to these costs. Mayor Nee questioned the proposal to handle the court costs. Mr. Herrick stated he felt there was an understanding that the City would pay half the cost and the property owners the other half. Ms. Dacy stated because the process has taken some turns neither the City nor the petitioner were aware of, it was proposed, essentially, to split the cost of the court proceedings. She stated if more than one property owner wants the extra six feet added to their property, Mr. Johnson did not feel it was his responsibility to bear this cost alone. Ms. Dacy stated depending on how many property owners want to participate, a cost sharing could possibly be worked out. Mayor Nae stated he had reservations about the City paying these costs when it would be a benefit to the property owner and/or owners. Mr. Johnson felt this is a unique situation where the City would be obtaining an improvement which would benefit the community. , Mayor Nee asked if anyone wished to speak either for or against the City finding this excess property and vacating the City's interest in the six feet deeded to the City by the State. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14. 1989 PAGE 7 � No persons in the audience spoke in reply to Mayor Nee's question. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publio hearing closed at 9:00 p.m. Mayor Nee asked about the cost for this court proceeding. Ms. Dacy stated she thought it would be anywhere from $500 to $1,000. Councilman Billings stated he was surprised staff proposed to this cost sharing and was concerned about policy being set by staff, rather than the Council. He stated he would like to review this further. Mr. Hendrickson, 6031 3rd Street, stated he could use the extra six feet, but did not know the cost involved. Mr. Herrick stated assuming the cost is $1,000 and if five property owners wish to proceed, it would be $200 each. He stated if other agreements were reached, the cost would be adjusted accordingly. He stated the property would have to be conveyed i£ a property owner wished to sell or build on it. He stated considering the � aost, he felt it was worthwhile for the property owners to proceed. Mr. Johnson stated he has been working on this for the last three years, and Ms. Dacy has been doing the best job in working with him to solve the problems. OLD BUSINESS• 3. ORDINANCE N0. 928 APPROVING A REZONING, ZOA #89-03, TO REZONE LOT 2, AUDITOR'S SUBDIVISION NO. 89 FROM M-1, LIGHT INDUSTRIAL AND R-3. GENERAL MULTIPLE DWELLING. TO C-2. GENERAL BUSINESS. GENERALLY LOCATED AT 7191 HIGHWAY 65 N.E., BY TED HAINES: MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 928 on second reading and order publication, with the stipulation approved at the first reading on July 24, 1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. ORDINANCE NO. 929 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 206, EI^ITITLED "BUILDING CODE" BY ADDING SECTION 206.03.02 J, FOR ESTABLI5FiING A MONITORING WELL FEE: MOTION by Councilman Fitzpatrick to waive the reading and adopt Ordinance No, 929 on second reading and order publication. ' Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF AUGUBT 14, 1989 PAGE 8 � 5. ITEM FROM THE APPEALS COMMISSION MEETING OF JULY 18. 1989: � A. CONSIDERATION pF A VARIANCE REQUEST, VAR #89-05, TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 13.8 FEET IN ORDER TO CONSTRUCT AN ENCLOSED 16 FOOT BY 16 FOOT PORCH ON LOT 11, SLOCK 2, CREEKRIDGE, THE SAME BEING 1495 CREEK PARK LANE N.E.. BY WILLIAM CARLSON AND CARROLL BRENNAN: Ms. Dacy, Planning Coordinator, this is a request to reduce the rear yard setback from 25 feet to 13.8 feet in order to construct an enclosed 16 by 16 foot porch at 1495 Creek Park Lane. She stated the Appeals Commission recommended approval of the variance, however, staff is recommending denial as there are other alternatives to meet the requirements of the code. Councilman Schneider asked about the status of the recommendation to change the Zoning Code concerning corner lots. Ms. Dacy stated this recommendation would be presented to the Planning Commission at their meeting this Wednesday and will be brought to the Council at the meeting on August 2S. Councilman Schneider stated if the Zoning Code is changed concerning corner lots, this variance would not be required. Ms. Dacy stated she did feel the existing code is too restrictive as far as setbacks for corner lots, however, staff is submitting their recommendation based on the code as it now exists. Dr. Carlson stated he wanted the variance in order to construct a screened in porch. He stated if the house had been constructed in a different direction (fronting on Arthur Street), he probably would not be facing this problem now. Dr. Carlson stated the home next to him has no windows which would face this porch and the property owner has no objection to the variance. He stated because of the bugs and mosquitoes in Minnesota, he wished to have the enclosed porch. Councilwoman Jorgenson stated she did not feel a 9 by 24 foot porch would be as beneficial as a 16 by 16 foot addition. She stated she personally did not have a problem and this is the reason for reviewing the ordinance regarding the setbacks for corner lots. Councilman Schneider stated the neighbors concur with this request and it makes good sense, but the hardship may be more difficult to ascertain. He stated if there is a change in the ordinance, this becomes a non-issue. He felt it would be consistent to grant the variance. ' MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and qrant Variance, VAR #89-05, to reduce FRIDLEY CITY COUNCIL MEETING OF AIIGDST 14, 1989 PAGE 9 � the rear yard setback from 25 to 13.8 feet for the construction of an enclosed 16 by 16 foot enclosed porch. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF A VARIANCE REOUEST, VAR #89-12, TO INCREASE THE REOUIRED MAXIMUM LOT COVERAGE FROM 40% TO 47% TO ALLOW THE CONSTRUCTION OF ADDITIONAL WAREHOUSE/MANiTFACTURING AND OFFICE SPACE ON LOT 7. BLOCK 2, EAST RANCH ESTATES SECOND ADDITION, THE SAME BEING 7855 RANCHER'S ROAD N.E., BY CORTRON CORPORATION: Ms. Dacy, Planning Coordinator, stated this request is for a variance to increase the lot coverage from 40 to 47 percent to allow the construction of additional warehouse and offioe space at 7855 Ranoher's Road. She stated the petitioner plans to expand the building by adding another 7,700 square feet. Ms. Dacy stated staff has identified two alternatives to the variance. She stated the current 21,000 square foot building oocupies 35 percent of the lot coverage. She stated one alternative was to only add half of the space or construct a two story addition with warehouse facilities on the first floor and offices on the upper level. She stated because of these alternatives, staff is recommending denial of the variance. � Ms. Dacy stated the Appeals Commission felt the proposed addition would be consistent with the intent of the ordinance and recommended approval with five stipulations which she outlined. Mr. Guy Reithmeyer stated the company needs the warehouse space and a smaller addition or a two story building would not meet their needs. He stated the parking on the site is well in excess of what is needed. He stated additional landscaping will be provided and a retention area to relieve pressure on the existing storm drainage system. Councilman Billinqs asked if Cortron was the owner of this property. Mr. Jerry Pitts, one of the owners, stated Cortron Corporation does own the property. Mr. Herrick, City Attorney, stated he felt this was a significan� variance and if it was granted, it would set a precedent and make it difficult for the Council to deny similar requests in the future. He stated Elo Engineering had an almost identical request which was denied. Mr. Herrick stated if the Council feels they want to change the ' ordinance to allow more than 40 percent lot coverage, the staff could review it. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1989 PAGE 10 � Ms. Dacy stated she believed that Elo Engineering was granted a variance to allow 45 percent coverage of the lot and submitted a second variance which was denied. Councilman Billings stated the City Attorney has expressed some of the same concerns he has in regard to this request. He stated the ordinance is fairly clear in this particular area. He stated if he had to vote this evening, it would be for denial, but wondered if it would be more prudent to look at the ordinance to see if it is still relevant. He stated this is potentially the second business the City could lose because of the fact they are not able to expand. He felt he did not want overcrowding and buildinq against building, but perhaps the ordinance should be reviewed. Mr. Aerrick stated one approach may be that the ordinance state that not more than a certain percentage of the lot could be covered by the building and parking lot. He felt it may not be a bad idea to survey other cities to determine their requirements. Mr. Burns, City Manager, questioned staff if they recalled the range of lot coverage allowed in previous variances. Mr. Robertson, Community Development Director, stated as he recalls, the City has not granted a variance for 47 percent of lot � coverage. MOTION by Councilman Billings to table this item to the next meeting and direct staff to provide further information as to how this variance might be approved. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. CONSIDERATION OF AUTHORIZING AN AMENDMENT FOR FINAL PLAT. TARGET NORTHERN DISTRIBUTION CENTER ADDITION: Ms. Dacy, Planning Coordinator, stated in reviewing this final plat with Tarqet, it was determined the City would need a 25 foot easement, rather than 15 feet, for street, bikeway/walking and snow storage. She stated Target has no problem with dedicating this additional 10 feet. Ms. Dacy stated this amendment would change the easement from 15 to 25 feet for a roadway and bikeway/walkway. MoTION by Councilman Billings to approve an amendment to the £inal plat for a 25 foot easement on the south right-of-way line o£ 73rd Avenue. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION. SAV #89-03, TO VACATE A SIX FOOT AND THE EAST ONE � FOOT OF A DRAINAGE AND UTILITY EASEMENT IN CERTAIN TRACTS OF REGISTERED LAND SURVEY N0. 94 AND IN THE GENA-RAE ADDITI�N. BY THE CITY OF FRIDLEY: � L �' � FRIDLEY CITY COIINCIL MEETING OF AUGUST 14, 1989 PAGE 11 MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 7. CONSIDERATION OF APPROVING A CONSULTANT AGREEMENT FOR RIVERVIEW HEIGHTS ACOUISITION: MOTION by Councilman Fitzpatrick to approve a consultant agreement with Federal-State Relocation Consulting 5ervice, Inc. in regard to the Riverview Heights acquisition. Seconded by Counoilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee suggested that possibly one of these homes should be kept for the City's use. Ms. Dacy, Planning Coordinator, stated will be reviewed. 8. RECEIVE BIDS AND AWARD CONTRACT FOR THE 3 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 192: Mr. Flora, Public Works Director, stated the City's consultant, AEC, has advised that three bids were received for Phase 1 of this project and recommends the low bid of JMG Contracting, Inc, be accepted for Phase 1. Mr. Flora stated AEC has advised that two bids were received for Phase 2 of this project and recommends the low bid of TMI Coatings, Inc. be accepted for Phase 2. MOTION by Councilman Schneider to reaeive the following bids for the 3 MG Concrete Reservoir Repair Project No. 192: JMG Contracting, Inc. 5141 Abbott Ave. So. Minneapolis, MN 55410 TMI Coatings, Inc. 2805 Dodd Road St.Paul, MN 55121 Abhe & Svoboda 17066 Revere Way Prior Lake, MN 55372 Phase 1 - $118,900.00 Phase 2 - No Bid Phase 1 - $146,700.00 Phase 2 - $219,803.00 Phase 1 - $210,000.00 Phase 2 - $347,745.50 � Seconded by Counoilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MBETING OF AUGIIST 14. 1969 FAGE 12 MOTION by Councilman Schneider to award the bid for Phase 1 to the low bidder, JMG Contracting, Inc., in the amount of $118,900 and award the bid for Phase 2 to the low bidder, TMI Coatings, Inc., in the amount of $219,803. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. After further discussion (see Item 9), the following action was taken: MOTION by Councilman Schneider to reconsider the above motion awarding the bids for Project No. 192. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman 5chneider to table awarding the contracts for Phases 1 and 2, Project No. 192 for repair of the 3 MG Concrete Reservoir. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE BIDS AND AWARD CONTRACT FOR 1.5 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 193 (53RD AVENUE & JOHNSONI: Mr. Flora, Public Works Director, stated the City's consultant, � AEC, has advised that four bids were received for this project and recommends the low bid from TMI be accepted. He stated there were two alternates involving completion dates, one for this fall and the other for next spring. He stated it is recommended alternate 1 be accepted for $91,850 for completion this fall. MOTION by Councilman Billings to receive the following bids for the 1.5 MG Concrete Reservoir Repair Project No. 193: TMI Coatings, Inc. 2805 Dodd Road St. Paul, MN 55121 JMG Contracting, Inc. 5141 Al�bott Ave. S. Minneapolis, MN 55410 Universal Applicators P. O. BoX 310 Forest Lake, MN 55025 Abhe & Svoboda, Inc. 17066 Revere Way Prior Zake, MN 55372 Alternate 1 - $91,850.00 Alternate 2 - $99,200.00 Alternate 1 - $198,000.00 Alternate 2 - $199,000.00 Alternate 1 - $143,227.00 Alternate 2 - $145,127.00 Alternate 1 - $146,200.00 Alternate 2 - $132,200.00 � Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF AUGU3T 14, 1989 PAGE 13 ' Councilman Billings stated he was concerned about the discrepancies in the bids as one bid was double from the lowest bidder. Mr. Flora stated this may be due to the availability of the contractor and the time the City wants the work completed. He stated AEC has indicated TMI, the low bidder, is a very competent contraotor. Councilman Schneider asked if it would be possible for staff to check into the references and background of TMI. Mr. Flora stated if the Council so desired, this could be done. MOTION by Councilman Billings to award the contract for the 1.5 MG Concrete Reservoir Repair Project No. 193 to the low bidder, TMI Coatings, Inc. for Alternate 1 in the amount of $91,850.00, subject to staff review. Seconded by Councilman Schneider. Mr. Imre, General Manager of TMI Coatings, Inc., stated their firm is very experienced in this field of work and that they have done work for the City of Duluth, DuPont, Northern States Power, and Potomac Electric Power, to name a few. He stated they do a lot of work for AEC. � Mr. Imre stated when you undertake the repair of these tanks, you do not know exactly what will be encountered as far as the structural integrity. He stated, in some cases, there may be problems which were not anticipated. Mr. Imre stated £or the City of Duluth their bid was $300,000 to repair the tanks, however, additional costs were $307,000 because of the type of structural damage to the tank. Mr. Imre stated the underground tank that Fridley has may involve considerable repairs. Mr. Flora stated AEC did photograph the tank and various deficiencies were noted and identified as repairable items. He stated most of the items are unit type costs. Mr. Herrick, City Attorney, stated he would be interested in what work is included in the base bid and what work would involve extra costs and change orders. Mr. Imre stated the tank that is above ground, from his years of experience, he felt would have a minimal impact as far as repairs. He stated the tank that is underground will have more impact. He stated the reason is the extreme cold and ground conditions that are rouqhly 50 degrees allowing for a constant freeze/thaw cycle. He stated in view of the amount of broken concrete from the photographs, there may be extensive repairs. � Mr. Herrick stated if the tank does need extensive repair, if this work was extra. Mr. Imre answered in the affirmative. 1 � � FRIDLEY CITY C�UNCIL MEETING OF AUGUST 14. 1484 PAGE 14 Mr. Herrick asked how they determine what is extra work and what is part of the basic bid. Mr. Imre stated it is sometimes difficult in defining the items. He stated, for example, the specifications called for the tank to be dry, however, the reality is that you probably will never dry out an underground tank. He stated this would probably be change order No. 1. He stated what should be applied is a material that will go under water in a damp environment on wet concrete and this is more expensive than the material called for in the specifications. Councilman Schneider stated it seems the specifications may be poorly written. Mr. Imre stated the individual involved at AEC was on vacation at the time the project was assembled. Mr. Flora stated in view of Mr. Imre's comments, he would recommend the contracts to award these bids be tabled for further review. Mr. Imre stated he can understand the Council does not want to spend a lot of extras on the project. He stated he would suggest the bids be rejected and re-bid to define the units more clearly. He stated his bid is per the specifications. Mr. Burns, City Manaqer, stated both items 8 and 9 should be tabled in order for staff to review this problem with AEC and come back with a recommendation. Councilman Billings withdrew his motion to award the contract to TMI Coatings, Inc. for Project No. 193, with permission of his seconder, Councilman Schneider. MOTION by Councilman Billings to table awarding the contact for Project No. 193 for the repair of the 1.5 MG Concrete Reservoir. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF CHANGE ORDER NO. 11 AMENDING PREVIOUS CHANGE ORDERS TO FRIDLEY MUNICIPAL CENTER IMPROVEMENT PROJECT NO. 189' MOTION by Councilman Schneider to approve Change order No. 11 for the Fridley Municipal Center Improvement Pro7ect No. 189 for a total deduction of $670.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1989 PAGE 15 11. RESOLUTION NO. 63-1989 APPQINTING THE COMMISSIONER OF TRANSPORTATION AS THE CITY OF FRIDLEY'S AGENT, PRESCRIBING THE TERMS AND CONDITIONS OF CERTAIN CONTRACT5, AND EXECUTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT: MOTION by Councilman Billings to adopt Resolution No. 63-1989. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee deolared the motion carried unanimously. 12. RESOLUTION N0. 64-1989 ORDERING SMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STORM SEWER PIPE REPAIR PROJECT NO. 194: MOTION by Councilman Schneider to adopt Resolution No. 64-1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 65-1989 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1989 SERVICE CONNECTIONS: MOTION by Councilman Fitzpatrick to adopt Resolution No. 65-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 66-1989 DIRECTING PUBLICATION OF HEARING ON PR�POSED ASSESSMENT ROLL FOR THE 1989 SERVICE CQNNECTIONS: MOTION by Councilman Fitzpatrick to adopt Resolution No. 66-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 67-1989 DIRECTING PREPARATION OF ASSE5SMENT ROLL FOR WATER. SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT #183 (UNIVERSITY AVENUE WEST SERVICE DRIVE 83RD TO NORTH 500 FEET1• MOTION by Councilman Fitzpatrick to adopt Resolution No. 67-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 68-1989 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR WATER. SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT NO. 183: MOTION by Councilman Fitzpatrick to adopt Resolution No. 68-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' � ' FRIDLEY C2TY COUNCIL MEETING OF AUGUST 14, 1989 PAGE 16 17. RESOLUTION NO. 69-1989 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR WATER, SANITARY SEWER AND STORM 9EWER IMPROVEMENT PROJECT NO. 188 (NORTHCO BUSINESS PARK ON 73RD AVENUE & NORTHCO DRIVEI: MOTION by Councilman Fitzpatrick to adopt Resolution No. 69-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion oarried unanimously. 18. RESOLUTION NO. 70-1989 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR WATER. SANITARY SEWER AND STORM SEWER IMPROVEMENT PROJECT NO. 188: MOTION by Councilman Fitzpatrick to adopt Resolution No. 70-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. RESOLUTION NO. 71-1989 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT N0. ST. 1988 - 1& 2 (PARTS A, B & C): MOTION by Councilman Fitzpatrick to adopt Resolution No. 71-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. RESOLUTION NO. 72-1989 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT N0. ST. 1988 - 1& 2(PARTS A, B, & C1: MOTION by Councilman Fitzpatrick to adopt Resolution No. 72-1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. CONSIDERATION OF BIDS FOR MUNICIPAL CENTER MECHANICALLY ASSISTED CENTRAL FILE SYSTEM: MOTION by Councilman Schneider to receive the following bids for the Municipal Center's mechanical assisted central file system: Creative Storage Systems Wahl & Wahl, Inc. Haldeman-Homme, Inc. (Spacesaver) Wright Line, Inc. Mid-America Business Systems Central File Sections 1 & 2 $19,988.35 $17,041.00 S/3 - $19,436.61 S/2 - $18,072.96 $24,535.00 $20,308.74 Central File Supplies $11,665.52 $ 6,716.00 $ 8,196.22 $16,556.50 $13,617.17 FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1989 PAGB 1T � 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Pribyl, Finance Director, stated the bid was split into two separate areas, the mechanically assisted file system and the central file supplies. He stated five bids were received and in reviewing the detailed specifications, it appears the low bidder, Wahl & Wahl, did not comply with some of the specifications. He stated this involved the gauge of the material, all components were to be manufactured by one individual manufacturer, and specifications were not met as far as the ramp loading. Mr. Pribyl stated it is requested that the Council not consider awarding the contract for the central file supplies at this time, but consider awarding the contract for the mechanically assisted file system to the second lowest bidder, Haldeman-Homme, Inc. (Spacesaver) in the amount of $18,072.96, as the lowest bidder did not meet the specifications. MOTION by Councilman Schneider to award the contract for the mechanically assisted file system to Haldeman-Homme, Inc. (Spacesavers) in the amount of $18,072.96 as it has been found the low bidder did not meet the specifications. Seconded by Cauncilman � Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. CONSIDERATION OF CHANGE ORDER NO. 1 FOR WEST SATELLITE FIRE STATION• Mr. Aldrich, Fire Chief, stated this change order is due to the excessive amount of tree roots in the area of the building requiring extra courses of blocks and also some changes in the electrical work. MOTION by Councilman Fitzpatrick to approve Change Order No. 1 for the West Satellite Fire Station Project with Dailey Construction Company, Inc. in the amount of $2,397.34. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. CONSIDERATION OF CHANGE ORDER NO. 3 FOR TECHNICAL SYSTEMS CONTRACT: Mr. Hunt, Assistant to the City Manager, stated this change order is necessary to cover costs for rewiring video equipment as some of the video cables connecting the control room to equipment in the Council Chambers were too short. He stated there were some structural problems in the way the technical system was handled � totally separate and it goes back to the beginning of the project. Mr. Hunt stated since this portion was never under the construction FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1989 PAGE 18 � supervisor, it becomes almost impossible to determine who was originally responsible for the error. Mr. Hunt stated the racks for the video control room were fabricated and then it was found that the east-west dimensions of the control room were about ten inches narrower than the room the racks were designed to fit, which resulted in the need for longer video cables. MOTION by Councilman Schneider to approve Change order No. 3 to the Technical System for the Municipal Center with Electrosonic Systems, Inc. in the amount o£ $1,300.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated he was concerned about what the City can do when consultants are hired, make certain recommendations, and the specifications are not correct. Mr. Hunt stated in the oase of Electronic Interiors, they agreed to perform certain services for a specified amount and, in this case, they probably under bid, but were locked into this figure. Mr. Robertson, Community Aevelopment Director, stated this was also � the case in the landscape design on the Lake Pointe Contract. Councilman Schneider stated he questions why this is happening and if the contractor has been misled. Mr. Herrick, City Attorney, stated perhaps this could be discussed at some future meeting. He stated his observation is that there have been too many people involved. He stated he had misgivings about using a construction manager and fel� a good qeneral contractor should have been in charge of the entire project. Councilman Schneider stated there have been all sorts of problems also in other projects and wondered if something could not be done. Mr. Herrick stated what is included in the basic bid and what is extra is an important thing to review on any of the contraats. 24. RECEIVING THE MINUTES OF THE CABLE TELEVISION ADVISORY COMMISSION MEETING OF JUNE 15, 1989: MOTION by Councilman Billinqs to receive the minutes of the Cable Television Advisory Commission Meeting of June 15, 1989. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � -_.. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14. 1989 PAGE 19 � 25. CONSIDERATION OF CONSULTANT CONTRACT FOR THE FRIDLEY LIOUOR STORE STUDY WITH C.J. OLSON MARKET RESEARCH. INC.: Mr. Burns, City Manager, stated this proposed contract with C. J. Olson Market Research, Inc. is to determine the potential liquor market in this area in order to ascertain the future of the City's liquor business. He stated the study will focus on 400 randomly selected Fridley adult residents. He stated the consultant will edit, code, and cross-tabulate the data by computer and submit a full report with graphs. Mr. Burns stated the study will take approximately 28 days to complete at a cost of about $10,532. He stated this firm has a long client list and he has checked the individual references which include the Minnesota Department of Transportation and the City of Minneapolis. Mayor Nee stated this Eirm's reputation in the business is good. Mr. Burns stated he and Steve Barg visited the firm and advised them what was needed in this survey. iie felt the objective is to determine whether or not the City should remain in the liquor business. � Mr. Herrick, City Attorney, asked if a decision was made that the potential market is only in the area of the City. Mr. Burns stated he did not think that was necessarily true, but is a good point and it will be explored as the survey is designed. MOTION by Councilman Schneider to authorize entering into this agreement with C. J. Olson Market Research, Inc. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated a decision would have to be made if the City wishes to remain in the liquor business. He suggested the possibility of finding a management company, such as MGM Liquor, to come in with their expertise and manage. He stated in checking with the Liquor Control Commission, they find no problem with it. 26. APPOINTMENTS: CITY EMPLOYEES: MOTION by Councilman Fitzpatrick to concur with the following appointments by the City Manager: STARTING STARTING NAME POSITION SALARY DATE REPLACES Clyde Wiley Mechanical/ $15.00 Aug. 15, W. Sandin � Building per hr. 1989 Inspector ($2,599,51 (Non-exempt) per month) � FRIDLEY CITY COUNCIL MEETING OF AUGUBT 14. 1989 PAGE 20 Richard E. Cesare Police Officer (Partial exemptj $10.71 Aug. per hour 1989 ($1,858.00 per month) 21, Jeff Long Robert J. Rewitzer Police $10.71 Aug. 22, R. Bredsten Officer per hour 1989 (Partial ($1,858.00 exempt) per month) Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 27. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 27590 through 27996. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 28. LICENSES: MOTION by Councilwoman Jorgenson 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. 29. ESTIMATES• MoTION by Councilman Fitzpatrick to approve the estimates as submitted: Herrick & Newman 6401 University Avenue N.E. Fridley, MN 55432 For services rendered for the month of July, 1989. Smith, Suster, Feikema, Malmon & Haskvitz 1D00 IDS Center 80 South Eighth Street Minneapolis, MN 55402 For services rendered for the month of June, 1989 . . . . . . . . . . . . . � $ 3,736.00 $ 8,460.00 � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14. 1989 PAGE 21 Daily Construction Company, Inc. 11000 Highway 65 N.E., Suite 106 Blaine, MN 55434 Partial estimate for construction of Satellite Fire Station. . . . . . C.S. McCrossan, Inc. P. O. Box 1240 Maple Grove, MN 55369 5treet Improvement Project No. ST. 1988 - 1 & 2 FINAL ESTIMATE . . . . . . . . . . . . Volk Sewer & Water, Inc. 8909 Bass Creek Court Brooklyn Park, MN 55428 Water, Sanitary Sewer & Storm Sewer Project No. 188 FINAL ESTIMATE . . . . . . . Gammon Bros., Inc. 13845 Northdale Blvd. Rogers, MN 55374 Street Improvement Project No. ST. 1989 - 1 & 2 Estimate No. 1 . . . . . . . . HNTB 6700 France Ave. S., Suite 260 Minneapolis, MN 55435 Water Distribution System Study Project No. 191 Estimate No. 4 . . . . . . . . J. T. Noonan 3601 48th Ave. N. Brooklyn Center, MN 55429 Corridor Maintenance Project No. 190 Estimate No. 4 . . . . . . . . . . $29,421.69 . . $23,746.76 $ 4,077.70 $26,332.08 $ 98D.94 . . $ 4,98�.72 � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14. 1989 PAGB 22 S.E.H. 222 East Little Canada Road St. Paul, MN 55117 Street Improvement Project No. ST. 1989- 1& 2 Partial Estimate . . . . . . . . . . . . . . . $ 86.93 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deolared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman ,7orgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of August 14, 1989 adjourned at 10:50 p.m. Respectfully submitted, �_""° _��v-„-� ✓�+ � Carole Haddad Secretary to the City Council Approved: � � �-Ll-- ��-�!,�-��i%vv�- �' William J. Nee Mayor