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04/09/1990 - 5338� �� FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET MONDAY � 9 , 1990 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER q R� - ,� " rl� Cv � �� /.s /�,e� .��`313s - � l � � � �'6 �i�S.�3 /�i��v�� , Ss U /� �� !3 o ��./ ,�� -� �/ r✓ , / �U-%� � �5� i4r�� t" . � 7s �- �� 32 S v�� v �P�' � �`�-: `�-- � � a.� ��i � �. �� . !� -�� , �"� �' /c� �^ .,..._�. c�.��,`.�c,.r �, � �- � � �3 � �� . � � �� ` � /4 t� �2e N' A w�S o�� b��' � /�w � b3" IV � fi,'� ��p tir ni SS�Y3 � 1 � c+C.,� N� �`-�� ,� y� d 'f � 7 r` � � � � � l�/ Y 'f � (/�( G" � i� C4'" �j�; G �._.i�, f�2 u�h 1w� l� " b� , ,y� /3G ,�� 1 %�'f-��. �3Ulr,sv.'//� /�•r/. �O G l �� Gt� � � �`. � ✓ r d r �Y'� , '. � "' �% " .�. e�" 1f ;;i' fF � ' (� � Y'S �, \ ,t. .� tl; <,i�� 1 � 'I �� FRIDLEY CI��fKOIINCIL MEBTING, APRIL 9, 1990 Paqe 2 � PUBLIC H$ARING: +� S .� �Public Hearing on Rezoning Request, ZOA #90-01, to Rezone from R-1, Single Family Dwelling, to C-1, ,i' Loca� Business, Generally �� _ `�5 � Located at 6443 East River � �/ Road N.E. (Spur Station), by Murphy Oil Co. . . . . . . . . . . . . . . . 1 - lI OLD BDSINE88: � � `� �� . G Second Reading of an Ordinance C�'�� j(' Amending Sections 7.04, 7.05, , �'� 7.07, and 7.09 of the Fridley {a:,�% City Charter . . . . . . . . . . . . . . . . . . 2 - 2B ! �t� �� / �� L�i Receive Bids and Award Contract ,,,�,✓ for Purchase of Two (2) Park ;� Diesel Tractors and Brooms . . . . . . � , , , , 3 - 3B �� y �� i ` �F �' i a� t �-' � L � �'� ' ,�''" r \�,�'� r� L�' .� Approval of Contract with Howard, Needles, Tammen & Bergendoff (HNTB) for the Design and Improvements to Well No. 12 and 63rd Avenue ^`� Booster Station Project �, No. 204 . . . . . . . . . . . . . . . . . . . . 4 - 4A i �l. �,� FRIDLBY CITY COIINCIL MEETING, APRIL 9, 1990 Paqe 3 OLD BU8INE88 (CONTINIIED): Consideration of Appointments to City Commissions . . . . . . . . . . . . . . . 5 1 �� i� NEW BDSINESB: � ,�� Resolution Approving and n� Authorizing Signing an Agreement Establishing Working Conditions, Wages _.y;� and Hours of Police Officers ��',y'f� of the City of Fridley Police Department for the Year 1990 . . . . . . . . . . . . . . . . . . . . 6 - 6V i � �� i� �' (�'� �, �VI, / . �� , �� ;� � � � First Reading of an Ordinance � Recodifying the Fridley City ��„�- Code, Chapter 206, Entitled "Building Code" by Amending ��' Section 206.03.02 J . . . . . . . . . . .� . . . . 7 - 7B �'"r1 � �� a �� p � , � Approval of Riverview Heights �� Purchase Agreements . . . . . . . . . . . . . 8 - 8J ,,; � • � �� j � � � � �� / � " �n � t � G FRIDLEY CITY COIINCIL ME$TING, �PRIL 9, 1990 NEW BIISIN888 (CONTINII$D): Receive Bids and Award Contract `` y,,,1�'`'� for 1990 Miscellaneous Concrete ' Curb, Gutter and Sidewalk Project . . � . . . . . 9 - 9A j�� G ti'�- � '� _/ Receive Bids and Award Contract ��j.,�,�� for Phase II - 3 MG Concrete �_-�` Reservoir Project No. 200 . . . . . . � . . . . 10 - lOB t � ��. l� � ; �:� � . � � � V � �( `J C G/ � � � � � Receive Bids and Award Contract for the Construction of the a� 1.5 MG Elevated Water Reservoir � Project No. 201 . . . . . . . . . . . i* . . . . 11 - 11B Paqe 4 a � , �� °�,� � � �� , (� � � � � ,�r ,�� t �� . �� > � �i � �,� Receive Bids and Award Contract ��. for the Purchase of Fire Apparatus ..�. ..... 12 - 12C . �' V �/ � � ;��.� �,, � Approval of Contract with Howard, Needles, Tammen & �„� Bergendoff (HNTB) for � Inspection of the 1.5 MG Elevated Water Reservoir "�� Proj ect No . 2 02 . . . . . . . . . . . . . . . 13 � .�G�� , � � � FItIDLEY CITY COIINCIL MBBTING, APRIL 9, 1990 Page 5 NEA BIISINE88 LCONTINU$D)s Approval of the Installation �'`� of Red Brick Medians at the Intersection of Highway 65 '�,` and 5 3 rd Avenue . . . . . . . . . . . . . . . . . 14 - 14 D �r / � .i '� �1 _ , Authorization for Placement of "No Parking" Signs on �.� East River Road from the `��, South County Line at 37th �� ,� Avenue to its Intersection with CSAH No. 2 . . . . . . . . . . . . ��. . . 15 - 15B r "�� ,!/j''7i�i"'`/��LC�� CY��7 :�7�1�-'�:� C)�'�C-�' � / -' V � �� l- "" �,""�J ��rr /-r _.,(/��vvyy--��yy -t--t,�'�-c't �-- �l "'l� (,k-vt,C �.l.�-�'""' -� l� r A � e / r� � i l ✓ �� ' Claims . . . . . . . . . . . . . . . . . . . . . 16 � � /% ✓"" �� " �� Licenses . . . . . . . . . . . . .9 . . . . . . 17 - 17F ��` � J / � , �;. �`�r ,�,,� �,�'`-�" -� ✓ � �� v -Yi Estimates . . . . . . . . . . . . . . . � . . . . 18 ,� �� / �� ./ ADJOIIRN: • Earth Day 1990 April 22,1990 William J. Hee Mayor F�idley. MN WHEREAS, twenty years ago, twenry million Am�ricans janed togetlur on Earth Day to demonstrate their concern for the enviromnent, and their collective ection sesulted in tht passage of swetping new laws prottcting our air, water, and land; ond WHEREAS, sincc the first Eanh Dcry, despite environinentat improvenients, thc environmental health of the planet is increasingly tndangertd, tlueaterud by Globcil Cli»uue Change, Ozore� Depletion, Grawing World Population, Tropical Dtfo�restution, Oceare Pollution, Taxic Wastes, Desertification, and Nuclear Waste requiring actioR by all sedors of snciety: and WHEREAS, Earth Day is a national and international call to action fa' all ciduns to join in a global effort to save the plan�t; and WHEREAS, Eanh Day 199�0 activiries and events will educate citizens on tht importance vf acting in an environmentally sensitive fashion by recycling, onnserving tntrgy aid wattr. t�sing e,�''icient transponation, and adopting morc ecologically sound lifestyles; and i�VHEREAS, Earth Day 199�0 will aducate citizens on the importance of buying ond using onty those products least harmful to the environment and the importance of doing business only with those companies that are environmtntally strisitive and rtsponsible: and WHEREAS, Eanh Day 199�0 activities cmd events will tducate citizens on ihe importance of voting for those eandidates who demo»strate an abiding eoneern for the emironment and the importance af supporting and passing legislation that will hclp protect the environment; NOW, THEREFORE, BE If RESOLVED that 1 Willimn .I. Nec proclaim April 22,1990 as: Earth Day 1990 AND, BE 1T FURTAER RESOLVED, that all Fridlry citiuns are ancouraged to sign ae Earth Day Pledge promising to do their part to save this planet, and this day shall be set aside for public activities promoting preservcrtion of the global environment, launching the "Decade of the Environment." IN �f'1TNESS WHEREOF, I hove stt my hand and arused tiee seal of tlu City of Fridley to be a,,�xed this ninth day of Apri1,199�0. �VII,I,IAM J, NEE, MAYOR T8E MINIITES OF THE R�QIILAR MEETIN(3 OF THB FRIDLEY CITY COONCIL OF MARCB 26. 1990 The Regular Meeting of the Fridley City Council was called to order at 7:37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. �tOLL CALL • MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBER5 ABSENT: None PRESENTATION OF PROCLAMATION: FAIR HOUSING MONTH - APRIL. 1990: Mayor Nee issued a proclamation proclaiming the month of April, 1990 as Fair Housing Month in the City of Fridley. He urged fellow citizens to join with the Anoka County Community Housing Resource Board and the Anoka County Association of Realtors in this observance by taking an active part in programs sponsored by these two organizations in making Fridley a better place to live and work. Mr. Don Weeding, representing the Anoka County Association of Realtors, accepted this proclamation and extended his thanks to Mayor Nee and members of the Council. APPROVAL OF MINUTES: COUNCIL MEETING, MARCH 12, 1990: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETINQ OF MARCH 26. 1990 PAGE 2 OPEN FORUM, VISITORS: There was no business. OLD BUSINESS: response from the audience under this item of 1. ORDINANCE N0. 945 ADOPTING NEW CHAPTER 407. ENTITLED, "EXCAVATIONS IN PUBLIC STREETS RIGHT-OF-WAYS AND EASEMENTS": Mr. Flora, Public Works Director, stated at the last Council meeting on March 12, 1990, this ordinance received a first reading and certain changes were requested. He stated the ordinance incorporates the recommended changes and includes excavations in the boulevard within the right-of-way or easement area, as well as requiring a separate permit for cuts in front of each property. He stated a letter of credit was also included as an authorized security form and the permit fee was raised to $110.00. Mr. Flora stated the purpose of the ordinance is to provide a means for controlling utility cuts in City streets and right-of-ways to make sure the proper patches are installed and, further, to provide security for one year in the event repairs are not satisfactory. Mr. Jerry Otto, representing U.S. West Communications, stated his first concern is the definition of a cut. He stated the type of excavation they perform is usually for maintenance purposes or new construction which could involve very extensive trenching. Iie also was concerned about emergency repairs and the fee for re-opening of a cut. Mr. Otto stated they would also like a six month notification when the City plans street improvements where paving or resurfacing is involved. He also stated another concern is the whole permit process and if excavations would be handled on a project basis. Mr. Otto also pointed out the Gopher State One Call system is not a U.S. West program, but a State program. Mr. FZora stated this ordinance is written primarily for utility cuts into a street. He stated as far as cable being installed, it would probably be addressed as one project, unless there were street cuts associated with it. He felt this could be handled as an administrative policy issue. Mr. Flora stated staff would review the project and determine the fee based on the particular proj ect . Councilman Schneider questioned the emergency issue and if the intent was to charge $1,000. Mr. Flora stated there would be the permit fee, however, the additional $1,000 would not apply in an emergency situation. FRIDLEY CITY COUNCIL MEETING OF MARC$ 26, 1990 PAGE 3 Mayor Nee stated the City wants to recover its costs involved with these excavations and there has been some discussion regarding the project concept. Mr. Herrick, City Attorney, stated the ordinance does not specifically address this problem. He stated often administrative policies or regulations are adopted with the ordinance or a section could be added to cover the project concept. Mr. Otto stated he would be willing to participate in any way in the verbiage for an administrative policy. Mr. Larry Benson, Community Services Manager, Northern States Power, stated NSP was concerned about any increased costs of conducting business in the City. He stated he has addressed these concerns in a letter to the Council and would be happy to answer any questions. Councilman Schneider stated the structure of government has changed in the last several years and seems to be moving towards a user fee. He stated, in his opinion, the City is subsidizing utilities and taxpayers are paying for the City staff to conduct the inspections and maintain the data base. Mr. Benson stated he also would like to participate in addressing the fee for trenching. Mr. Herrick suggested those persons who have an interest in the City's administrative policy should address a letter to the City with their suggestions which would be reviewed to determine how they may be incorporated in such a policy. Ms. Miggie Cramblit, attorney for Minnegasco, stated they would like a breakdown of the permit fee. She stated Minnegasco has not filed for a rate increase since 1982 and tries to manage their costs to keep the rates low. She stated if they have increased expenses, such as permit fees, they would ultimately be passed along to the rate payers. Ms. Cramblit stated their request for a breakdown of the fee is to understand the City's costs. She requested the Council postpone the second reading of this ordinance to incorporate some of the changes that have been suggested. MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 945 on the second reading and order publication. Seconded by Councilman Fitzpatrick. MOTION by Councilman Schneider to amend Section 407.10, line 5, by changing thirty days to six months. Seconded by Councilwoman Jorgenson. Councilman Billings asked if the six-month period was acceptable to the Public Works Director. FRIDLEY CITY COIINCIL MEETING OF MARCH 26, 1990 PAGE 4 Mr. Flora stated he did not see a problem sending a letter as early as six months in advance of the street improvements, but detailed plans would not be available. He stated he would, however, prefer a 120 day notification. Councilman Schneider asked Mr. Otto if a 120 day notice would be satisfactory. Mr. Otto stated he would prefer the six-month notification, but 120 days notice would be better than three months. Councilman Schneider, with permission of his seconder, Councilwoman Jorgenson, moved to amend the above motion by changing thirty days to 120 days under Section 407.10, line 5. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated Minnegasco is trying to keep their rates as low as possible and the City is trying to keep the taxes as low as possible. She stated the City is not trying to penalize the utility companies, but cuts are being made in State aid and the City has to recoup some of the costs associated with these excavations. Councilwoman Jorgenson felt the utility companies will experience similar fees in other communities as they struggle to maintain their tax base. She thanked everyone for coming this evening and for their input. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION FOR ADOPTION OF THIS ORDINANCE, all voted aye, and Mayor Nee declared the motion carried unanimously. 2. CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS: MOTION by Councilman Billings to re-appoint the following persons to City Commissions for terms which will expire April 1, 1993: APPEALS COMMISSION: Kenneth Vos Larry Kuechle HUMAN RESOURCES COMMISSION• Susan Sherek PARKS AND RECREATION COMMISSION• John Gargaro CABLE TELEVISION COMMISSION: Ralph Stouffer Burt Weaver FRIDLEY CITY COQNCIL MEETINa OF MARCB 26, 1990 PAaE 5 POLICE COMMISSION: Tim Breider . Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider asked that this item be placed on the Council's agenda for the next regular meeting for the seats that are still vacant. NEW BUSINESS• 3. RESOLUTION NO 25-1990 PROVIDING FOR PAYMENT OF PREVAILING WAGES• Councilman Billings stated this resolution would provide that prevailing wages be paid, in accordance with the prevailing wage rate, for all work performed on any project exceeding $15,000 or any project financed by funds obtained by bonds issued by the City, including industrial revenue and housing revenue bonds, and all projects financed by tax increment financing. He stated this resolution settles an uneasiness that many of the citizens have in the development process. Councilman Billings stated the City has an obligation to insure that subsidized projects are good quality and that the workers are paid the prevailing wage. He stated if you do not have prevailing wage, there is not an even base for the contractors to bid. He stated in order for a contractor to bid low on a job, people are brought in who are untrained and under an apprenticeship program. He felt that the City is the one paying for the apprenticeship which is less than the best. He stated he has requested prevailing wages be paid on any projects that involve City funds. Councilman Billings stated there was an incident several years ago where tax increment financing was being used at the Springbrook Apartments and workers were from another state. He stated prevailing wages do not guarantee this would not happen, but it probably would reduce such incidents. He felt workers from other states do nothing to stimulate the economy of Fridley or the State of Minnesota. MOTION by Councilman Billings to adopt Resolution No. 25-1990. Seconded by Councilwoman Jorgenson. Councilman Schneider asked Councilman Billings about the cost analysis he conducted. Councilman Billings stated there was a memo in 1988 from the Attorney General's Office indicating they felt that whenever State funds are involved in a City project, prevailing wages must be FRIDLEY CITY COIINCIL MEETING OF MARCH 26, 1990 PAGE 6 paid. He stated after receiving this memo, he requested staff to provide a list of some of the projects completed between 1985 to 1988. He stated in reviewing those projects, twenty contractors who were low bidders, out of a total of 29 contractors, were paying prevailing wages. He further stated that of the other nine remaining contractors, five were also paying prevailing wages. Councilman Billings stated the difference between the low bidder not paying prevailing wages and what it would cost to have a contractor paying prevailing wage is just over a half of one percent of the cost. Mayor Nee asked how this would affect the bids that are now out. Councilman Billings stated there are several projects that have gone to bid. He stated the water tower bid contains an alternate bid for prevailing wage. He stated this resolution for prevailing wages could be effective for projects let after May l, 1990. Mr. Flora felt it would be possible to let the contracts for bids that are now out before May 1, 1990. MOTION by Councilman Billings to amend the resolution to make the payment of prevailing wages effective on projects let after May 1, 1990. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MOTION FOR ADOPTION OF THIS RESOLUTION, Councilman Billings, Councilwoman Jorgenson and Councilman Fitzpatrick voted in favor of the motion. Mayor Nee and Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. 4. FIRST READING OF AN ORDINANCE AMENDING SECTIONS 7 04 7 05 7.07, AND 7.09 OF THE FRIDLEY CITY CHARTER• Mr. Hunt, Assistant to the City Manager, stated this ordinance contains a series of amendments to the City Charter relating to the budget. He stated it basically involves the date the budget is to be submitted and published and provides for its adoption by resolution, rather than by ordinance. Councilman Schneider stated it seems any language placed in the Charter has to be amended a year later to bring it into compliance with State statutes. He wondered if the language should be such that it states it shall be in accordance with State law rather than referring to specific dates. Mr. Hamernik, Chairman of the Charter Commission, stated the Charter Commission tried to be as general as possible in recommending these amendments and still keep the intent. He stated FRIDLEY CITY COIINCIL MEETING OF MARCH 26. 1990 PAGE 7_ the dates have been moved back on the official publication and it is recommended the budget be adopted by resolution, rather than an ordinance. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION FOR ADOPTION OF THIS ORDINANCE, all voting aye, and Mayor Nee declared the motion carried unanimously. Councilman Billings felt Mr. Hamernik may wish to give some information to the public on the functions of the Charter Commission. Mr. Hamernik stated the Charter is the document by which the City operates, and the City's Charter was adopted in 1957. He stated the Charter Commission continually reviews the Charter for changes and amendments to update it for the best operation of the City. He stated there are 15 members of the Charter Commission who serve a four-year term and are appointed by the District Judge. 5. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 14. 1990• A. SPECIAL USE PERMIT SP #90-02 TO ALLOW A DAY CARE CENTER IN A CHURCH THE SAME BEING 755 73RD AVENUE N E (GRACE EVANGELICAL FREE CHURCH). BY 123-ABC LEARNING CENTER: Ms. Dacy, Planning Coordinator, stated this is a request for a special use permit to allow a day care center in a church at 755 73rd Avenue N.E. She stated the church is in an R-1 district and surrounded on the north, east, and west by R-1 zoning, with heavy industrial zoning across the street. She stated the Zoning Ordinance requires a special use permit for a day care center and requires the center be located on a collector street. She stated there is approximately two hundred parking spaces on site which provides for adequate parking. Ms. Dacy stated the center will provide day care for 29 children Monday through Friday. She stated the center will be located in the lower level of the church. She stated an exit window needs to be installed in the farthest east room and smoke detectors must also be installed. Ms. Dacy stated the petitioner has obtained a provisional license from the State to operate the day care center and they hope to have the exit window and smoke detectors installed this week. FRIDLEY CITY COtJNCIL MEETING OF MARCH 26. 1990 PAQE 8 Ms. Dacy stated the Planning Commission recommended approval of this special use permit with the stipulations that (1) the center meet the requirements of the Uniform Buildinq Code and Fire Codes and (2) that a letter from the State be submitted before this Council meeting waiving the fenced-in play area. She stated the petitioner has satisfied the second stipulation. However, the first stipulation must be met prior to operation. MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #90-02, with the following stipulations: (1) the day care center shall meet the requirements of the Uniform Building Code and Fire codes; and (2) a letter from the State be submitted waiving the fenced-in play area. Seconded by Councilman Schneider. Councilwoman Jorgenson asked the petitioner if the building was sprinkled to which he answered in the affirmative. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. SET PUBLIC HEARING FOR APRIL 9, 1990 FOR A REZONING. ZOA #90-01. TO REZONE FROM R-1_,,, SINGLE FAMILY DWELLING, TO C-1, LOCAL BUSINESS GENERALLY LOCATED AT 6443 EAST RIVER ROAD N.E. iSPUR STATION), BY MURPHY OIL COMPANY• MOTION by Councilman Fitzpatrick to set the public hearing on this rezoning request for April 9, 1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of March 14, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF MARCH 6, 1990• A. VARIANCE REOUEST. VAR #90-03 TO REDUCE THE PARKING LOT SETBACK FROM ANY STREET RIGHT-OF-WAY FROM THE REOUIRED 20 FEET TO 18.5 FEET AND 8 FEET ON LOT 1, BLOCK 4, UNIVERSITY INDUSTRIAL PARK THE SAME BEING 8090 RANCHERS ROAD N.E. Ms. Dacy, Planning Coordinator, stated this is a request for a variance to reduce the required hard surface setback from twenty feet to 18.5 feet and eight feet to correct an existing encroachment and clear the title on Lot 1, Block 4 of the University Industrial Park. She stated the parcel is zoned M-1 with M-1 zoning to the east and south, M-2 zoning to the west, and C-3 zoning to the north. FRIDLEY CITY COIINCIL MEETING OF MARCH 26. 1990 PAGE 9 Ms. Dacy stated the petitioner, Frank Schaul of Tru Machine Company, Inc., was advised by his attorney of the encroachments and he wishes to clear the title. She stated the parking area encroaches about 1-1/2 feet along the twenty-foot setback area. Ms. Dacy stated the Appeals Commission reviewed this request on March 6, and staff pointed out that if the variance was denied, there was an opportunity to correct this situation by relocating the parking spaces and removing some pavement in the area. She stated the Appeals Commission noted, however, the encroachment was not causing any safety hazard and recommended approval of the variance with no stipulations. MOTION by Councilman Billings to grant variance request, VAR #90-03 to reduce the parking lot setback from any street right-of-way from twenty feet to 18.5 feet and eight feet at 8090 Ranchers Road N.E. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE BIDS AND AWARD CONTRACT FOR CORRIDOR MAINTENANCE PROJECT NO. 199• MOTION by Councilman Fitzpatrick to receive the following bids for Corridor Maintenance Project No. 199: Walbon Lawn Maintenance 3225 Skycroft Drive St. Anthony, MN 55482 Greenmasters, Inc. 92 - 43rd Avenue N.E. Fridley, NII�T 55432 J. T. Noonan, Inc. 3601 - 48th Avenue North Brooklyn Center, NIN 55429 Talberg Lazwn & Landscape 100 Wilshire Drive Minnetonka, MN 55343 $32,000.00 $42,350.00 $46,800.00 $51,175.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated the low bidder was Walbon Lawn Maintenance with a bid of $32,000 and it is recommended the contract be awarded to them. MOTION by Councilman Fitzpatrick to award the contract for Corridor Maintenance Project No. 199 to the low bidder, Walbon Lawn Maintenance in the amount of $32,000. Seconded by Councilwoman � r- FRIDLEY CITY COIINCIL MEETING OF MARCA 26. 1990 PAaE 10 Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. �tECEIVE BIDS AND AWARD CONTRACT FOR PURCHASE OF TWO �2) PARK DIESEL TRACTORS AND BROOMS• Mr. Flora, Public Works Director, stated bids were received for two park diesel tractors and accessory equipment. He stated three equipment dealers received specifications and bid forms; however, only two bids were received. He stated Isanti Equipment, Inc. had the low base bid for the tractors only and including the accessory equipment and trade-in of the existing tractors the bid totaled $45,163.50. He stated they did not, however, submit a bid bond. Mr. Flora stated Scharber and Sons, Inc. submitted a bid bond with a base bid of $40, 700 for the tractors only, less $9, 400. 00 for the trade-in allowance. He stated the total bid with the optional accessory equipment and trade-in of existing tractors totaled $45,925. He stated staff recommends accepting the base bid from Scharber and Sons, Inc., but not accepting the optional accessory equipment. He stated it was determined that purchasing the brooms direct from the factory and utilizing the existing wing plows would result in a savings of over $3,000. He stated the brooms can be purchased from Sweepstar Broom, Inc. for $8,600. Mr. Herrick, City Attorney, asked if Isanti Equipment had submitted a bid bond, if it would be more economical to purchase this equipment from them. Mr. Flora stated it would be cheaper, but this bid was not considered as the bid bond was one of the requirements of the bid. Mr. Herrick stated he recalls in a recent case that failure to submit a bid bond is not critical as long as the bond is submitted within a reasonable time. Mayor Nee asked if there were some comparison done regarding prices for this equipment. Mr. Flora stated except for advertising for the bids, there was no research done on prices. Mayor Nee felt perhaps staff should check on prices to determine if these are competitive bids. Mr. Herrick stated if Isanti Equipment had submitted a bid bond, they would have been the low bidder. He felt staff could check on prices, but stated this is an item that has to be awarded on a competitive basis. Mr. Flora stated several manufacturers could meet the bid specifications. FRIDLEY CITY COIINCIL MEETING OF MARCH 26. 1990 PAGE il Mayor Nee felt this was a very competitive area and was surprised that not more bids were received. MOTION by Councilman Billings to table this item to the next regular meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVAL OF CONTRACT WITH HOWARD NEEDLES TANII+�IEN & BERGENDOFF fHNTB) FOR THE DESIGN AND IMPROVEMENTS TO WELL NO. 12 AND 63RD AVENUE BOOSTER STATION PROJECT NO. 204: Mr. Flora, Public Works Director, stated a letter contract has been received from HNTB for engineering services for design and inspection of the improvements to the 63rd Avenue Booster Station and the modifications of Well No. 12. He stated the amount for design is $17,628 and the construction inspection amounts to $9,850.80, for a total contract amount not to exceed $27,478.80. Mr. Flora stated in order to initiate these improvements this year to improve the water distribution within the three water zones and compliment the construction of the 1.5 MG elevated water tank, it is recommended Council authorize the contract with HNTB. Councilman Schneider stated in reading the contract, he noted it does not contain any language regarding the accuracy of the design specifications and who bears the responsibility if they are not correct. He felt this should be included in the contract. Mr. Flora stated this language was not included in the contract. He felt, however, there would not be a problem including such a clause in this contract. Mr. Herrick, City Attorney, stated he would work with Mr. Flora and add language to this effect before it is submitted to HNTB. Mayor Nee felt the language should be added and perhaps the item tabled so this clause could be added. MOTION by Councilman Fitzpatrick to table this item to the next regular meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider requested that when these major items included under the Capital Improvements Plan are submitted to Council, that a lan be submitted with the partic lar item circled. � =��'� � ;,� �,.,�,,., `--- . , ,c �' ��J ,,�-�1'� � � ,,,�' � � �' ,,. G�"�/� � � �� ` � ,�ti�� ` /t� � � ; , � J� � -� , �- 1�� y,�1 � ` L� C_ �-� / � FRIDLEY CITY COIINCIL MEETINa OF MARCH 26. 1990 PAGB 12 10. APPROVAL OF YARD WASTE TRANSFER CONTRACT: Ms. Dacy, Planning Coordinator, stated this is a service contract from April 1, 1990, to November 30, 1990, to have Waste Management, Inc. haul leaves and grass clippings during the yard waste season. She stated it is estimated that approximately 3,000 cubic yards would be hauled from the site based on past experience. She stated the transfer cost would be $125 per load and each load contains approximately forty cubic yards at an estimated cost of approximately $9,200.00. She stated the other costs would be the City's labor in loading the leaves and grass clippings into the box, as well as any equipment needs to and from the site. Ms. Dacy stated staff recommends the Council authorize the City Manager to execute this agreement. MOTION by Councilwoman Jorgenson to authorize the City Manager to enter into this contract with Waste Management, Inc. Seconded by Councilman Schneider. Councilman Billings stated Anoka County has passed legislation to collect a fee for dumping debris at Bunker Hills. He asked where Waste Management, Inc. would be hauling this yard waste. Ms. Dacy stated she believed to Bunker Hills, but the City would not be charged. Councilwoman Jorgenson stated private haulers would be required to pay the fee, but not the City. Councilman Billings if Waste Management, Inc. does the hauling of the City's yard waste, if they would be exempt. Ms. Dacy stated this has been discussed, but something could be obtained in writing. Mr. Burns, City Manager, stated he was sure a letter had come in late last week regarding this issue. Councilwoman Jorgenson stated the City will be collecting more leaves and grass clippings than last year and tax dollars will be used to dispose of this waste. She wondered how the City would insure that only Fridley residents are using the site. ' Ms. Dacy stated some thought has been given to hiring someone to monitor the site possibly by checking driver's licenses. Councilwoman Jorgenson stated she believed it would have to be monitored as more persons will be using the site because of the higher cost of disposing of leaves and grass clippings. She stated on the recent recycling survey, only a small number of persons bring their yard waste to this site. __ . .. ____. . . ___ .. ____ . -r _ _ . -s FRIDLEY CITY COIINCIL MEETING OF MARCH 26, 1990 PAGE 13 Ms. Dacy stated if someone is hired to monitor the site it would add about $7,000 to the cost. Mr. Burns felt the yard waste should be monitored and some spot checking conducted to determine if there is a need for a full-time monitor. Councilwoman Jorgenson stated the hours the compost site is open may need to be extended in order to make the site more accessible. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 11. AUTHORIZATION TO TRADE 1990 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WITH BURNS TOWNSHIP: MOTION by Councilman Fitzpatrick to approve the trading of $39,400 in 1990 Community Development Block Grant Funds with Burns Township, with the stipulation the City will return the funds in 1991, unless the CDBG program is eliminated. Seconded by Councilman Schneider. Upon a voice vote, aIl voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 26-1990 ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR THE FIANERY PARK SHELTER PROJECT NO. 206: Mr. Jack Kirk, Director of Recreation and Natural Resources, stated the Council has looked at replacing some of the outdated park shelters and appropriated funds in the Capital Improvement budget. He stated the quality of the City's park system has been a source of pride in the community for a number of years and if something is lacking in the neighborhood parks, it is the park shelters. Mr. Kirk stated funds for a park shelter at Flanery Park were appropriated in the 1990 Capital Improvement Program budget at an estimated cost of $80,000. He stated this portion of the City has one of the largest concentrations of elementary and pre-school children. He stated the shelter that now exists is probably the smallest in the neighborhood parks, and certainly does not do anything to improve the appearance of the park. Mr. Kirk stated the new park shelter would serve as a warming house and playground activity area. He stated the Parks and Recreation Commission, in studying permanent park shelters, recommends a double hexagon building with restroom facilities and an open air picnic shelter. He stated this resolution, if adopted, would authorize the advertisement for bids for this park shelter at Flanery Park. MOTION by Councilman Schneider to adopt Resolution No. 26-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motfon carried unanimously. FRIDLEY CITY COIINCIL MEETING OF MARCH 26. 1990 PAGE 14 Councilwoman Jorgenson stated vandalism seems to be an increasing problem and asked what steps were being taken to make this as vandal proof as possible. Mr. Kirk stated it is a wood building so some damage could be done. He stated the restroom facilities would not be open without supervision. Councilwoman Jorgenson asked if there would be outside access for drinking water and if a phone would be available for emergencies. Mr. Kirk stated there would be both inside and outside access for water and plans are to install a phone. Councilwoman Jorgenson asked if the park has an ice skating rink. Mr. Kirk stated there is a rink for open skating, as well as a hockey rink. He stated the current building is located right next to the hockey rink; however, the new shelter will be more in the open area. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 13. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 31181 through 31379. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. LICENSES: MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye,•Mayor Nee declared the motion carried unanimously. 15. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, MN 55432 Services rendered as City Prosecuting Attorney for the month of January, 1990. ..$ 9,036.00 m �RIDLEY CITY COIINCIL MEETING OF MARCB 26. 1990 PAGE 15 Keys Well Drilling 413 North Lexington Parkway St. Paul, NIIJ 55104 Repair and Maintenance of Well No. 10, Project No. 198 (Well No. 5 is pending) $ 3,328.00 FINALESTIMATE . . . . . . . . . . . . . . . AEC Engineers & Designers 511 - llth Avenue South Minneapolis, MN 55415 1. Phase I- 3 MG Concrete Reservoir Repair Project No. 192 (Inspection Services) Partial Estimate. . . . . . . . . . . . $ 110.00 2. 1.5 MG Concrete Reservoir Repair Project No. 193 (53rd Avenue & Johnson Street) (Inspection Services) Partial Estimate. . . . . . . . . . . . $ 90.00 Modern Heating and Air Conditioning, Inc. 2318 First Street N.E. Minneapolis, MN 55418 Firearms Range Pay Application No. 1: $ 7,425 Pay Application No. 2: $17,730 TOTAL. . . . . . . . . . . . . . . . . . . . $25,155. 00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 26, 1990 adjourned at 9:18 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council -. Approved: William J. Nee Mayor � � cinroF F�� COIVLMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: April 5, 1990 To: William Burns, City Manaqer fi .� � . FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planninq Coordinator Michele McPherson, Planning Assistant Public Hearing for the Rezoning Request, ZOA #90-01, by Murphy Oil Company Attached is the staff report for the above-referenced request. The City Council set April 9, 1990 as the date for the public hearing for the rezoning request, ZOA �90-01, by Murphy Oil Company. Staff recommends that the City Council hold the public hearing. The special use permit and variance requests will be scheduled for City Council action on April 23, 1990 with the first reading of the ordinance regarding the rezoning. I�IIri/dn �y�I�g'�F� � � � STAFF REPORT APPEALS DATE C�� pLAN�K` COM��SSION DATE : March 14, 1990 f R! DLEY CITY OOl�1qL DATE AUTHOR MM/ dn REQUEST PERMtT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZ E DENSRY PRESENT ZONNG ADJACENT LAND USES �► ZONNG �E$ PARK DEDICATION ANALYSIS FTtANCIAL NNPLICATiONS CONFORMANCE TO COMPREF�t�fSfVE PLAN C,OhIIPATBLITY WITH ADJACENT USES E� ZONNG ENV�tONMENTAL CX�ERATIONS STAFF REC.OMAAEt�AT10N APPEALS RECOMMENDATION PLANNrVG COMMtSSlON � RECOM�AENDATION ZOA �90-01 Murphy Oil Company To rezone Lot 33, Aud. Sub. 23 from R-1, Single Family Dwelling to C-1, Local Business. 6443 East River Road N.E. 15,600 square feet R-I, Single Family Dwelling R-1, Single Family Dwelling to the east and south; R-3, General Multiple Dwelling to the west; C-2, General Business to the north. Yes Yes Approval with stipulations Approval with stipulations lA � 1B Staff Report 20A �90-01, Murphy Page 2 �ackaround Oil Company The petitioner, Murphy Oil Company, is requesting that Lot 33, Auditor's Subdivision No. 23 be rezoned from R-1, Sinqle Family Dwelling, to C-1, Local Business. This parcel is currently addressed as 6443 East River Road N.E. ,�,�e � The parcel to be rezoned is home and a three car garage. types of vegetation used for #lnalysis currently the site of a single family There are mature elm trees and other landscaping on the site. The petitioner is requesting the rezoning in order to combine Lot 33 with Lot 10 which is currently zoned C-1, Local Business, in order to construct a new convenience store/gas station. The petitioner has also applied for a special use permit which is required under the C-1 district to allow a motor vehicle fuel and oil dispensing service as an accessory use to a convenience store. The petitioner proposes to remove the existing structures on both sites in order to build a new convenience store which will be farther away from the adjacent single family dwelling, units to the east and south of the site. This will bring the property into greater conformance with the zoning code (the petitioner has also applied for two variances which the Appeals Commission has recommended approval to the City Council). Greater area is available to provide adequate screening and buffering from the neighboring residential uses. The rezoning of the parcel would increase the area zoned C-1 to equal those areas currently zoned C-2, General Busines, which are across Mississippi Street and East River Road (Christensen Auto Body and Riverside Car Wash). The C-1, Local Business, district allows for neighborhood uses, and the proposed use would be a neighborhood-oriented use. The petitioner has submitted the results of soil testing for potential contamination and there was found to be no contamination on site. These results have been reviewed by the City Engineering staff. Recommendation Staff recommends that the Planninq Commission approve the rezoning request, ZOA �90-01, by Murphy Oil Inc. as the rezoning would allow for greater conformance to the City's zoning code for the parcel and would provide greater area for screening and buffering of the residential neiqhborhood from the commercial use. Staff recommends Staff Report ZOA �90-01, Murphy Oil Company Page 3 the followinq stipulations: 1. Approval of the special use permit and variance requests. 2. The parcels shall be combined into one tax parcel. PLANNING COMMISSION ACTION The Planninq Commission voted unanimously to recommend approval of the request to the City Council with the stipulations as recommended by staff. CITY COUNCIL RECOMMENDATION Staff recommends that the City Ccuncil concur with the Planning Commission action. 1C ► 2 SEC C/TY � � ■;J / ��{: y, / 0 � � �� . �5, T. 30. R. 24 OF FR/OL EY c,o�,oav,wwr �a s �� i �� 18 � C . . . , _. �,--� ;.;. _..� .+ . ... , -. .. , O 43 � V ZOA �90-01 Murphy Oil Co. 41 1�- ; !. „ I r• �. �r ,� i � �� . p � • : " • � +I $i Q � ..WAY ,, � � � � � F �1 • ��`T ��i I�-�_'�O' . t � � � I . 1�� ! �� JL 1� � i, . : v�-- i� nii�.tlftJ�isai�'' . � _ � . „ ,. . . !�, ,�L . s � � 3 ►� w�r . F' `—,r'i + r--- ; . � � ; . � � . � � ; . � ' • � ,.`i,. ,, .'� 9'� ' y � ; _T. ; i., � �w —r-�� +�-� � 7RtN 5 RD M�AY • � .1 • � � �T�TT� . '. � � �_ i • �' � � � I i f/ f l;♦ ��l' � f • I I • r � � f� �' � r r—L . ' � � . � �. • - M J r�1 w.�) r�v J� � � I ��• �� . ; �. •. 1 i2 v2 w�r . " ` I ` , . 1 � ,. � • s r e�� :r�� -3cr - "= a � (. '. � • �. '� � I� , r OMYI!/I�N.N�J. I I� 1 I' � � 1 ' ' �• � —� � 7 : '� t2 N o wa,Y `� � � r I� . � . i ��l N 1 /,7 i I�• V I ,' M�� ~4' , � ��, _ ��, � . . � I I� � � I � y�x n,� � �d� ;' . .�. I . W s �• r '61 �/2 WAY +' , : ; � x � .r+� ' 2 � r�- 'f�,1 � • a .. � .. . • , : d O�� N 4. �� .l A- � � � 1 r.� N� u r •i�; �.:. M_,., . . :.... .. , , 44 . . ,,..�'-y., 1...,�'- Nl: �.w� / �♦ LOCATION MAP zoa #90-0� 1 F Murnhv Oil Co. ��s�m W�r — E �9 E * � � �� t�� I��'�� E � i �� t F i ' I � �� , �. i�� ' ' , ; =i: � : ; , i� j � ; . ' , _ �� _ __ - ,�- , _ . ._ . _. � i `-� �� ' � ----- ------ - - • s ' 's: �= c ' �.� � � �. � � �� `� _� �� ` � �. . .. .�� — s�� , �� .� n� � ' •iri ia r � � � ; • � s � / r«. 'i�! �$ ir !$ , '' � , s , �,.. ., ., ., . ,� _ - , , ,,, � - .� ... -. .. .. . f� �; `--- � ; � : cs t �� , � `' ' . � t \ `` " ` . Q � �.!�j �rl �.i'; � � r— i : � , � �� , , __,� ; , I , i i��i I I I I 1 1 ' ( 1 � � � a a � � 's "s��6- � i j i � � � � r . ��; . . . _ _ � � r � � � � � � � � �. �" : - : �- � . i • f. . � t, � �i I � i � I i , -_� �_ ,, �� r �� t, i � � 1 � .! V � 7 : � f ' :� • 1 � � i� �■ � � ■ 5►1� t rL�►n� � --�-_- . i � � ! � �:} � : � : : 1`� 1 i ` i = �� _ �_ t. :: :: :: ' �� . . �,., ., ,. „ �� ,:.: :; � : ��Y �� • OY '1 ,... .. .. .. :: :: ..'; . .. .. � � Q I ' . � �� \� i i \ � - v , � ��., �-' �i ,--.. , , , �� i j�».' � i i I 1 � � ' � ; �� $ i i��,i� � � _ � �� ! i � � _ � �� . �� i � ; �uA �yu—vi Murvhy Oil Co. fi ? � ' a f ( �4 ' .' ,� 1G � ~ 0 S' � � I � I � � � i i -x 1 I �_ e' � _ �� I , � 1-�' REVISED SITE PLAN . -.. - - �: � � � 0 � ZOA �90-01 Murphy Oil Co. — • — _�� 1►� $�S ``-''3�� _ . -�;.•°�\ � �� r , t � IF Q V V 9 � s � ; � � ;� . . v+ � x' iC A �� $�� , � . �� . , � � ; � � �� 9 �, � 0 a 0 f CROSS SECTION , 1H � . . Murphy Oil Co. zoA �90-0� 11 -;, �� ► �� , �, �� ,� �� ' ,� �� ,� � �� , �� i� i I' 1 11 II �� , — —ti : � r- � � � i i i i i I � se _� �, �� ,� �� ; �, � �, �, �� , �' �' �' i� I� 1 I� 1� i, --t, E��EVATIVN M C M V� K n v V m j 2A oAnin�ca �o. � oanz�cs �t�a sac�r=o�s �.oa, �.os, 7.07, I1�TD 7.09 Ol� TSE lAIDLEY CZTY CSARTER The City Council of the City of Fridley does hereby ordain as follows: That the followinq sections of the Fridley City Charter be amended as follows: Section 7.04. PREPARATION OF ANNUAL BUDGET. 1. The City Manager shall prepare the estimates for the annual budget which shall include any estimated deficit for the current year. The estimates of expenditures shall be submitted by each department to the City Manager. Each estimate shall be divided into three (3) major subdivisions as follows: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outlay. Salary detail shall show a list of all salaried officers and positions with salary allowance and number of persons holding each. Wages shall be broken down in sufficient detail to justify the request. Ordinary expenses shall be broken down into such detail as the City Manager shall direct. Capital Outlay shall be itemized as to items and amounts. (Ref. Ord. 625) 2. In parallel columns shall be added the amounts expended under similar headings for the two (2) preceding fiscal years, and, as far as practicable, the amounts expended and estimated for expenditure during the current year. In addition to estimates of expenditures, the City Manager shall prepare a detailed statement of revenues collected for the two (2) preceding completed fiscal years with amounts estimated to be collected for the current fiscal year, and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted to the Council at its last regular monthly meeting in August and sha1Z be published twice in summary in the official publication prior to November 15. (Ref. Ord. 625) Section 7.05. PASSAGE OF THE BUDGET. The budget shall be a principal item of business at the last regular monthly meeting of the Council in August, and the Council shall hold subsequent meetings from time to time until all the estimates have been considered. The meetings shall be so conducted as to give interested citizens a reasonable amount of time in which to be heard, and an opportunity to ask questions. The budget estimates shall be read in full and the City Manaqer shall explain the various items thereof as fully as may be deemed necessary by the Council. The annual budget finally agreed upon shall set forth in such detail as may be determined by the City Council, the complete financial plan of the City for the ensuinq fiscal year, and shall be signed by the majority of the Council upon being adopted. It shall indicate the sums to be raised and from what sources, and the sums to be spent and for what purposes, according to the plan indicated in Section 7.04. The total sum appropriated shall not exceed the total estimated revenue. The Council shall adopt the r� •; budget by resolution in accordance wfth State law. The resolution shall set forth the total of the budqet and the totals of the major divisions of the budget, accordinq to the plan indicated in Section 7.04. The budget resolution as adopted shall be published in the official publication. (Ref. Ord. 625) Section 7.07. PiLTERATIONS IN THE BUOGET. After the budget shall have been duly adopted, the Council shall not have power to increase the amounts therein fixed, whether by the insertion of new items or otherwise, beyond the estimated revenues, unless the actual receipts ehall exceed Buch estimates, and in that event, not beyond such actual receipts. The sums fixed in the budget shall be and become appropriated at the beqinning of the fiscal year for the several purposes named therein, and no other. The Council may at any time, by resolution passed by a vote of at least four (4) members of the Council, reduce salaries or the sums appropriated for any purpose by the budget, or by vote of at least four (4) members of the Council authcrize the transfer of sums from the unexpended balances of the budget to other purposes. Section 7.09. LEVY AND COLLECTION OF TAXES. In accordance with Minnesota State Law, the Council Bhall levy by resolution the taxes necessary to meet the requirements of the budget for the ensuing fiscal year. The City Clerk shall transmit to the county auditor annually, not later than the date required by Minnesota Law, a statement of a21 the taxes levied, and such taxes shall be collected and the payment thereof be enforced with and in like manner as state and county taxes. No tax shall be invalid by reason of any informality in the manner of levying the same, nor because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in that case the surplus shall go into a suspense fund, and shall be used to reduce the levy for the ensuing year. (Ref. Ord. 625) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: March 12, 1990 March 26, 1990 April 9, 1990 WZLLIAM J. NEE - MAYOR TO: FROli : DATE: SIIBJECT: Enginecnng.. Scwcr W.�ICr P.��ks Sircct} M.��nlCnnncc MEMORANDUM William W. Burns, City Manager �� PW90-99 �� John G. Flora,�Public Works Director Bob Nordahl, Operations Analyst April 6, 1990 Recommendation to Award Contract to Purchase Two (2) Park Diesel Tractors and Brooms On Wednesday, March 7, 1990, bids were received and opened for two (2) Park Diesel Tractors and accessory equipment. Three (3) equipment dealers received specifications and bid forms to bid the tractors, optional accessory equipment (brooms and plows), and optional trade-in of two (2) existir►g tractors. Only two (2) bids were received. (See attached bid tabulation form). Isanti Equipment, Inc. had the low base bid for the tractors and the accessory equipment and trade-in of the existing tractors totalinq $45,163.50. Scharber & Sons, Inc., submitted the second bid for the tractors with the optional accessory equipment and trade-in of existing tractors totaling $45,924.00. However, the 1990 Public Works Budget has $44,000.00 appropriated for the two (2) tractors. Therefore, both bids including all options are in excess of the budget amount. After analysis of the bids, staff recommends not acceptinq the wing plow (Option II). The existinq wing plows can be installed on the new tractors by the City mechanics. By eliminating the wing plow {Option II), both bids are below the budgeted amount. Scharber and Sons has the greater trade-in allowances, resulting in the lowest bid of $42,140.00 for the two (2) tractors and brooms. 3 • 3A Paqe Two - PW90-99 Ralph Vollanan called two (2) other equipment dealere and received telephone quotes from Osseo Sports for $64,000.00 and Lake State . Equipment for $43,000.00 which are hiqher amounts than Scharber and Sons for the two (2) diesel tractors. We feel that Scharber and Sons' bid is very competitive with the market prices. , Recommend that the City Council award the contract to Scharber and Sons, Inc. for $42,124.00 to supply two (2) diesel tractors with Option I for the brooms and hardware and Option III with the trade- in of the two (2) existing tractors. If you need additional information, please let me know. JGF/BN/ts Attachments � � a � a O � a 0 m 1.�. O U � � � Q a N ., O � i Q V T r �J7 � � � U Q � � � W 0 � � 8 03� � � �+�d� N � Q d � <p � g � -m -- � �- � � � � zoo Soo 8 0 �� 'g =WV� �Nq v>v_ �G� �� N N Q �C � Q1 4 � � � � J O � t1D OD ' `O! Q� r � � � O '. f�„ � � �G t'N� � � N :� : W S 8 � �� N g +� 0 v� � � v�o3a .- r� OvFZ � � ::��w g 8 `�.�g3 W o � � ip p �: o Q �J N O;��S `3'!f t- � 8 0 �� m g m m m � �• a� o z > ch •t � c m � � � m w W � o U � c N c � � a� m N O � ` ' V o c � � � �W o 36 E „y� �,�.�� „y s�•»�, w.�,�•, v.��y su�•c�, M.i�nti•n.incc MEMORANDUM ��. TO: William W. Burns, City Manager�, PW90-116 � FROM: DATE: John G. Flora� Public Works Director April 6, 1990 BIIaT$CT: HI1TB Enqineering Contract - Desiqn and Improvements To Well No. 12 and 63rd Avenue Booster Station Project No. 204 We have received a letter contract from i�1TB regarding the engineering Bervices for desiqninq and inspection of the improvements to the 63rd Avenue Booster Station and the modifications of Well No. 12. The project is associated with the City's water storage requirements and provides for increased pumping capacity between the low and intermediate water zones as well as diverting the Well No. 12 production directly into the intermediate zone. The amount for design is $17,628.00 and the construction inspection amounts to $9,850.80 for a total contract amount of not to exceed $27,478.80. I have worked with the City Attorney incorporating a cost overrun stipulation to the contract which has been incorporated into the HIdTB agreement. In order to initiate these improvements this year, to improve the water distribution within the three (3) water zones and to compliment the construction of the 1.5 MG elevated water tank, I would recommend the City Council authorize the retention of HNTB to complete the 63rd Avenue and Well No. 12 booster station modification aqreement. In our revised 1990 Capital Improvement Program, we had identified an amount of S24,000.00. Based upon the other estimates and contract amounts,, there are sufficient available within the projects to incorporate the additional $3,478.80. JGF/ts Attachments 4 • ( � l i "� �� 6''� �, ., � �vtiut I s � � � � , F i W � I Y/ t W � � �H � I M I 't— ,,. ' � 1 �l lr 11� i I �/ tN •�'E ST s � s 0 � ! IF •� � � . ' r J � � � � 1 � � 1 1 1 � � ' 1 , � � I y . � � ► : �� M r � � s W �t � I > ,o i � � �; � w � � �: , �. � . KrM � e I ' Y I �' c 0 li � � � 4A ,� r -- -- ' '� ' -- ,an �6-« .ve.-- — ♦ � r • s O s— , • J M • �v � � a a d p M �� _ . _ �Ji _ . . � IH r � t r i^ I I�vEN I s � i a 1 � i : •i �O 6� TM aVE�E � , � � � �° j � . � W . � � � ! � W , . ' .�w — 1 ' - �' : s j o� � s � I i � T4 � / � r � 4!= I„ � �F= s i � � . ,/ . W < p � ''� <.,, � � J ' Q . 4 � � Q�S�� A �� Y ' � ST4''.ti . . �E + _ � : _ � � � + I �� •C % , ' O _ ' ` 8 J � I I ' •` 6„ � s s ,. 6 — _ _ _ _ _' � � (_`��/� ��4` r - � lr.aE n�•p��c , � —�J 6 ` � , � p�CE '`' : / J � - � � � �' � ,�, r 1 , � � •• � / ; .•„ . � l�l ��/ i� � K� � LQ � , / , J� E ' `� R ' 0 0 ::.: M ,- •� / ,� , I � N a s .�N 5� j� �! « SYSi E�v ---- 6„--- �4'F LVENUE G -_-E - � M----��T�_ r � : • ; 4 J i__ M / � .. .-�, , C��°� d ��- �, � � • w+ �/`� ` aMC.J 1 eE�TwER ^:Il:� T ; �_ � _ , � � 6- • � �, �. � .�� G� � � ' . 6� � � , ,.,, �� r _ COI�IIBBION Vl�CANCISB 11ND T8R1�IB TS�T 1fILL BZPIRB IN 1990 �OR CITY COOIdCIL CONBID$RATION CIIRREI�iT 1SS1dHER Planninq Commission At Large - Vacant Appeals Commission Vacant (Jerry Sherek resigned.) $nvironmental Quality aa!! $nerqy commission Vacant (Wayne Wellan resiqned.) Human Resources Commissioa TERM �ZPIREB 4-1-93 4-1-91 4-I-90 Paul Westby 4-1-90 666 Kimball Street (H) 780-4326 (B) 571-1345 5 MEM ORANDUM � c�er et Friai•r Wi{liam C. Hunt _� es�t uel�•r•Ity A.•AO. N.E. Fr�ai.y, r��n•.oe. a sa s z Assistant to the City Manager rRon. ts� z)s� t-�aso I�1[O TO: �ILLIl11�[ R. HQR�18, CITY I[�NlIaBR r� ,'1\' ?ROlI: �ILLIAM C. HQI�1T� 7168I8T7�iT TO TH$ CITY K�NAGER C'� BIIHJBCT: CHl�i(iE8 I�t 1990 POLICB COI�ITRlICT DATE: ILARCH Z7� 1990 The following changes to the 1989 Police Contract have been incorporated into the 1990 Police Contract: 1. Article I. Date chanqed to April 9,1990. 2. Article 17.1. Maximum insurance contribution changed from $210.00 to $225.00 3. Article 22.1 Wage rates raised 4.0 percent. 4. Article 22.2 Amount changed from $115.00 to $120.00. 5. Article 22.3 Amount chanqed from $135.00 to $140.00. 6. Article XXX. Changed "his" to "the employee's." 7. Article XXXIII. Changed from $115.00 to $120.00. 8. Article XXXVI. Chanqed dates. WCH/jb RESOLIITZON NO. - 1990 !l RESOLIITION APPROYIN(� 71ND 11IITHORISING BIGNINa ]1N 11GREEMENT BBTABLISHING *ORICING CONDITIONB, *AGEB AND HOORS OF POLICE OFFICERS OF THE CITY OF FAIDLEY POLICE DEPARTMENT FOR T8E YEAR 1990 WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining representative of the Police Officers of the City of Fridley, has presented to the City of Fridley various requests relating to the workinq conditions, wages and hours of Police Officers of the Police Department of the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the employees relating to working conditions, wages and hours of Police Officers of the Police Department of the City of Fridley; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, agreement has now been reached between the representatives of the two parties on the proposed changes in the existing contract between the City and the Union; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (Exhibit "A") relating to working conditions, wages and hours of Police Officers of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9th DAY OF APRIL, 1990. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA CITY CLERK � . � ; ! EXHIBIT °A" I.�,BOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. 1990 . : sc I,�SOR AGREEI+�ENT gETi�TEEN THE CITY OF F'RIDLEY AIJD L�►W ENFORCEMENT I+�BOR SERVICES, INC. 1990 TABLE OF CONTENTS pAGE RTA_ 1 PURPOSE OF AGREEMENT . • • • • • • • • ' ' ' . . . . . � II RECOGNITION . . . . . . . . . . . . • . . . . . . . . 1 1 IIIDEFINITIONS . • • • • • • • • • ' ' ' ' ' ' � � � � � . . . . . 3 IV EMPLOYER SECURZTY . . . . . . . . . . . • - V EMPLOYER AUTHORITY . . . . . . . . . . • • • • • • • ' 3 VI UNION SECURITY . . . . . . . . . . . . . • . . . . . . 3 VII EMPIAYEE RIGHTS - GRIEVANCE PROCEDURE • • • • • • • ' 4 VZII SAVINGS CLAUSE . . . . . . . . . . . . . . • . . . . . 7 IXSENIORITY . . . . . . . . . . . . . . . . . . . . . . � X DISCZPLINE . . . . . . . . . . . . . . . . . . . . . . 7 XI CONSTITUTIONAL PROTECTION . . . . • • • • • • • • ' ' 8 XZI WORK SCIiEDUL.ES . . . . . . . . • • • • • • • • • • • . 9 XIIIOVERTIME . . . . . . . . . . . . . . . . . . . . . . . 9 XIVCOURT TIME . . . . . . . . . • • • • • • • • • • • • • 9 � GLL BACK TIME . . . . . . . . . . . . . . . . . . . • 9 �yI i�IORKING OUT OF CIASSIFICATION . . . . • • • • • • • • 9 XVIIINSURANCE . . . . . . . . . . . . . . . . . . . . . . 10 XVIIISTANDBY PAY . . . . . . . . . . . . . . . . . . . . . . 10 10 XIXIINIFORMS . • . • . • • • • • . • • . • . . . • • . . • . � TABLE OF CONTENTS (Continued) ARTICLE �� XXP. O. S . T. TRAINING . . . . . . . . . . . . . . . . . . 10 XXZ IANGEVITY AND EDUCATIONAL INCENTIVE . . . . . . . . . 10 XXIIWAGE RATES . . . . . . . . . . . . . . . . . . . . . . 21 XXIIILEGAL DEFENSE . . . . . . . . . . . . . . . . . . . . 12 ' XXIV LOSS OF SENIORITY . . . . � , , � � � � � � � � � � � 12 X� PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . 12 XXVI ANNUAL LEAVE . . . . . . . . . . . . . . . . . . . . . 13 XXVIIHOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . 14 XXVIZI SHORT TERM DISABILZTY . . . . . . . . . . . . . . . . 15 XXIXFUNERAL PAY . . . . . . . . . . . . . . . . . . . . . 15 XXXJURY PAY . . . . . . . . . . . . . . . . . . . . . . . 16 XXXI COMPENSATORY TIME . . . . . . . . . . . . . . . . . . 16 XXXII EMPLOYEE EDUCATION PROGRAM . . . . . . . . . . . . . . 16 XXXIII PAY FOR INVESTIGATORS OR DETECTIVES , l� . . . . . . . . XXXIV BMS CASE NO. 85-PN-486-A, ISSUE 8 . . . . . . . . . . 17 XXXVWAIVER . . . . . . . . . . . . . . . . . . . . . . . . 17 XXXVIDURATION . . . . . . . . . . . . . . . . . . . . . . . 18 6E L�►BOR AGREEMENT BETWEEN CITY OF FRIDLEY liND IAW ENFORCEMENT L�1BOR SERVICES, INC. �RTZCLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of �►pril 9, 1990 between the CITY OF FRIDLEY, hereinafter called the EMPLOYER, and the LAw ENFORCEMENT LABOR SERVICES, INC., hereinafter called the UNION. It is the intent and purpose of this J�GREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. 1�►RTICLE II RECOGNZTION 2.1 The EMPLpyER recoqnizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all police personnel in the following job classifications: 1. Police Officer 2. Police Corporal 2.2 In the event the EMPIAYER and the IINION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. l�►RTICLE III DEFINITIONS 3.1 Union Law Enforcement Labor Services, Inc. �� • ti�u'- �► member of the Law Enforcement Labor Services, Snc. 1 3.3 Elnployee 6F A aember of the exclusively racoqnized barqaininq unit. 3.4 D�partment The Fridley Police Department 3.5 bnployer The City of Fridley 3.6 Chief The Public Snfety Director of the Fridley Police Department. 3.7 vnion Officer Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3.8 Investiaator/DQtective An employee specifically assiqned or classified by the EMPLOYER to the job classification and/or job position cf INVESTIGATOR/DETECTIVE. 3.9 Overtime Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.20 edu d A consecutive work period including rest breaks and a lunch break. 3.11 Rest Breaks Periods durinq the SCHEDULED SHIFT durinq which the employee remains on continual duty and is responsible !or assigned duties. 3.12 Lu�ch Break l� period durinq the SCHEDULED SHIFT durinq which the employee remains on continual duty and fs respcnsible !or assigned duties. 2 3.13 Strike s� Concerted action in failinq to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper perfonaance of the duties of employment for the purposes of inducinq, influencing or coercinq a change in the conditions or compensation or the rights, privileqes or obliqations of employment. ARTICLE IV EMPLOYER SECURITY The UNION aqrees that during the life of this AGREEMENT that the UNION will not cause, encouraqe, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perfora► any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI UNION SECURITY 6.1 The EMPIAYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall infona the EMPLOYER in writing of such choice and chanqes in the position of steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 3 6.4 The UNION aqrees to indemnify and hold the EMPLOYER harmless aqainst any and all claims, suits, orders, or judqments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RZGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance 7.2 7.3 7.4 A qrievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. Union Renresentatives The EMPLOYER will recognize REPRESENTATIVES desiqnated by the UNION as the qrievance representatives of the barqaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by Section 6.2 of this AGREEMENT. Processincr of a Grievance It is recognized and accepted by the UNION and the EMPLOYER that the processing of qrievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished durinq normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The agqrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a zeasonable amount of time without loss in pay when a qrievance is investigated and presented to the EMPLOyER during normal workinq hours provided that the EMPLOyEE and the UNION REPRESENTATIVE have notified and received the approval of the desiqnated supervisor who has determined that such absence is reasonable and would not be detrimental to the work proqrams of the EMPLOYER. Procedure Grievances, as defined by Section 7.1, shall be resolved in conformance with the followinq procedure: F3 -�� An EMPLOYEE claiminq a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such qrievance to the EMPLOYEE'S supervisor as designated by the EMPIAYER. The EMPLpYER-desiqnated 4 6H si representative will discuss and qive an answer to such Step 1 qrievance within ten (10) calendar days after receipt. A qrievance not resolved in Step 1 and appealed to Step 2 shall be placed in writinq settinq forth the nature of the qrievance, the facts on which it is based, the provision or provisions of the AGREEMENT alleqedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's f inal answer in Step 1. Any qrievance not appealed in writinq to Step 2 by the UNION within ten (10) calendar days shall be considered waived. �€P� • If appealed, the written qrievance shall be presented by the UNION and discussed with the EMPLOYER-desiqnated Step 2 representative. The EMPLOYER-desiqnated representative shall give the UNION the EMPIAYER'S answer in writinq within ten (10) calendar days after receipt of such Step 2 qrievance. A qrievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days followinq the EMPLOYER - designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. A grievance unresolved in Step 2 and appealed to Step 3 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governinq the Arbitration of Grievances" as established by the Public Employment Relations Board. 7.5 #�rbitrator's Authority a. The arbitrator shall have r►o riqht to amer►d, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writinq by the EMPLOYER and the UNION, and shall have r►o authority to make a decision on any other issue not so submitted. b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or requlations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days followinq close of the hearing or the submission of briefs by the parties, whichever be 5 later, unless the parties aqree to an extension. The decision shall be bindinq on both the EMPIAYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the qrievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver If a qrievance is not presented within the time limits set forth above, it shall be considered "waived". If a qrievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered sett�ed on the basis of the EMPLOYER'S Iast answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the qrievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 Choice of Remedv If, as a result of the written EMPLOYER response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 3 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 3 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 3 of Article VII. The aggrieved employee shall indicate in writinq which procedure is to be utilized (Step 3 of Article VII or another appeal procedure) and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal throuqh Step 3 of Article VII. � 6J ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. Al1 other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be reneqotiated at the written request of either party. ARTICLE IX SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 Durinq the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassiqned employee may be replaced in his previous position at the sole discretion of the EMPIAYER. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of his layoff before any new employee is hired. 9.4 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of employees are equal. 9.5 Senior qualified employees shall be qiven shift assiqnments preference after eighteen (18) months of continuous full-time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until May lst of each calendar year. ARTICLE X DISCIPLZNE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the followinq forms: a. oral reprimand; b. written reprimand; c. suspension; r� 6K 6L d. demotion; or e. discharge. 10.2 Suspensions, demotions and discharges will be in wrftten form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be guestioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 10.7 Grievances relating to this ARTICLE shall be initiated by the UNION in Step 2 of the grievance procedure under Article VII. ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights qranted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII WORK SCHEDULES 12.1 The normal work year is an average forty (40) hour work week for full time employees to be accounted for by each employee through: a. hours worked on assiqned shifts; b. holidays; c. assigned training; d. authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE XIII OVERTIME 13.1 Employees will be compensated at one and one-half (1-1/2) times the employee's reqular base pay rate for hours worked . 8 in excess of the amployee's reqularly scheduled �hift. Changes of shiits do not qualify an tmployee for overtime under this Article. 13.2 Overtime will be distributed as equally as precticable. 13.3 Overtime refused by employees will for record purposes under 1lrticle 13.2 be considezed as unpaid overtime worked. 13.4 For the purpose of computinq overtime compensation overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime vill be calculated to the nearest iifteen (15) minutes. 13.6 Employees have the obliqaticn to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working. ARTICLE XIV COURT TIME An employee who is required to appear in Court durinq his scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a reqularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. An employee who is required to appear in court within eight (8) hours of completing his reqularly scheduled shift between 3:00 a.m., and 9:0o a.m., shall receive a minimum of three (3) hours pay nt one and one-half (1-1/2) times the employee's base pay rate ARTICLE XV CALL SACK TIME An employee who is called to duty durinq his �cheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the employee's base pay rate. An extension or early report to a reqularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. 7�RTICLE XVI i�TORKING OUT OF CLASSIFICATION Employees assiqned by the EMPLOYER to assume the full responsibilities and authority of a hiqher job classification shall receive the salary schedule of the hfqher classification for the duration of the assiqnment. 9 6M 6N 11RTICLE XVII INSUR�►NCE 17.1 The EliPIAYER will contribute up to a aiaximum of two hundred twenty iive dollars (5225.00) per �onth per employee toward health, life and long-tarm disability insurance. 17.2 By mutual agreement each amployee may ure up to fifteen dollars ($15.00) per �onth of health insurance dollars in 17.1 !cr group dental insurance oifered through the city. ARTICLE XVIII STANDBY PAY E�ployees required by the EMPLOYER to �tandby shail be paid tor �uch standby time at the rate of one hour'c pay for each hour on standby. ARTICLE XIX UNIFORMS The EMPLOYER shall provide required uniform and equipment items. P►RTICLE XX POST TRAINING The City shall assiqn traininq at City expense for Police Officers to complete 48 hours of P.O.S.T. Board approved education during each three year licensing period. 1�►RTICLE XXI IANGEVITY AND EDUCATIONAL ZNCENTIVE Effective July 1, 1978, the followinq terms and conditions are effective, except that employees hired after January 1, 1987, �hall not be eliqible for educational incentive. 21.1 l�fter four (4) years of continuous employment each employee chall choose to be paid three percent (3�) of the employee's base rate or supplementary pay based on educational credits as outlined in 21.6 of this PiRTICLE. 21.2 After eight (8j years of continuous employment �ach employee shall choose to be paid �upplementary pay of five percent (5�) of the employee's base rate or supplementary pay based on educationa2 credits as outlined in 21.6 of this J�RTICLE. 21.3 �►fter twelve (12) years of continuous employment each employee �hall choose to be paid �upp2ementary pay of �even percent (7!) of the employee'a base rate or supplementary pay based on educational credits as outlined fn 21.6,of this 11RTICLE. 21.4 l�fter sixteen (16) years of continuous employment ench �mployee shall choose to be paid supplementary pay of nine percent (9�) of the employee's base rate or supplementazy pay based on educational credits as outlined in 21.6 of this �RTICLE. 10 . • 21.5 Employees aay choose supplementary pay either for lenqth of service or for �ducational credits no sore often than once tvery twelve (12) �onths. 21.6 Supplementary pay based on tducational credits will be paid to emp2oyees after twelve (12) sonths of continuous aIDployment at the rate of: Educationnl Credits stated in ferms of collegg,_�rt�r credits 45 - 89 90 - 134 135 - 179 180 or more Percentage Pay increment 3� 5� 7� 9� Not all courses are to be eligible for credit. Courses receiving qualifying credits �ust be j ob related. (Thus a 4 year degree is �Qt automatically 180 credits -- or a 2 year certificate is not automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. If Principles of Psycholoqy (8 credits) is required before takinq Psycholoqy of Police Work (3 credits), completion of these courses would yield a total of 11 qualifying credits, C.E.U.'s (Continuing Education Units) in job-related seminars, short courses, institutes, etc. shall also be counted. The EMPLOyER shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Kediation Services Case No. 78-PN-3�0-A. ARTICLE XXZI i�IAGE RATES 22.1 The following waqe rates will apply for 1990: Start . . . . . . . J�fter Six Months . l�fter One Year . . After Two Years. . a►fter Three Years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,932 . . . . 2,079 . . . . 2,375 • . . . 2,672 . . . . 2,967 22.2 Employees classified or assiqned by the EMpI,pYER to the loliowinq job classifications or positions will receive one hundred twenty dollars ($120.00) per month or one hundred twenty dollars (5120.00) pro-rated for less than a iull month in addition to theiz reqular waqe rate: 11 . ' Investiqator (detective) School Liaison Otficer Juvenile Offfcer Doq Handler Paramedic 22•3 Employees classified by the EKPLpYER to ti�e lollowin classification will receive one bundred forty dollars � ( S 14 0. 00 ) per month or one hundred forty dol lars ; pro-rated for less than a lull sonth in addition `to4their � reqular wage rate: Corporal l�►RTICLE XXIII LEGAL DEFENSE 23.1 Employees involved in litigation because of proven neqligence, or non-observance, or non-observance of lavs, or of a personal nature, may not receive legal defense by the municipality. 23•2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arisinq from acts performed within the scope of his employment, when such act is performed in good faith and under direct order of his supervisor, shall be reimbursed for attorney�s fees and court costs actually incurred by such employee in defendinq against such charge. 23.3 The City of Fridley vill provide protection for all officers and Patrolmen against false arrest charqes. ARTICLE XXIV IASS OF SENIORITY 24.1 Employees 6ha11 lose their teniority for the following reasons: a• Discharge, if not reversed. b. Resiqnation. �• IInexcused failure to return to work aiter �xpiration of a vacation or formal leave of absence. Events beyond the control of the employee which prevent tAe �mployee trom returning to work will not cause loss of seniority. d• Retirement. �TICZ.E 7CXV PR08ATIONARY PERIODS 1111 newly hfred or rehired �mployees will serve a twelve (12) sonths probationary period, 12 ARTICLE XXVI AI�TNUAL LEP►VE . � 26.1 Each employee shall be entitled to annual leave away lrom emp2oyment with pay. Arinual Ieave �ay be used for scheduled or emergency absences from employment. 1lnnual l�ave pay shall be computed aL the requiar rate of pay to whieh such an employee is entitled; provided, howevez, that the amount of any compensation shall be reduced by the payment r�ceived by the employee trom workers� compensation fnsurance, Public Employees Retirement l�ssociation disability insurance, or Social Security disability insurance. An employee�s accumulation of annual leave will be reduced only by the amount of annual leave for which the �mployee received compensation. 26.2 Seniority shall apply on scheduled annual leave up to May lst of each year. After May lst, scheduled annual leave shall be on a first come, �irst serve basis. 26.3 A beqinninq employee shall accrue annual leave at Lhe rate of eiqhteen (18) days per year for the first seven (7) years (84 successive months). An employee who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beqinninq with the eiqhty-fifth (85th) month of successive employment. An employee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beqinning with the one hundred eighty- first (181st) month of consecutive employment. These rates are based on a forty hour reqular work veek. The actual amount credited to an employee in any qiven pay period shall be pro-rated acccrding to the actual number of requ2ar hours worked durinq that pay period. Hours worked on overtime, ca2lback, or standby shall not enter fnto the calculation of the accrual of annual leave. 26.4 For an employee hired on or after January 1, 1984: The maximum total accumulation of annual leave at the end of any qiven year shall be thirty (30j days. Once a year, at a time desiqnated by the City, an employee who has completed seven (7) years of servfce with the City will have the opportunity to exchanqe up to three (3) days of accumulated annual leave !or cash. �►t the same time, an employee who has completed fifteen (15j years of eervice with the City will have the opportunity to exchange up to iive days of accumulated annual Ieave for cash. 13 � 26.5 For an tmployee Aired before January 1, 1984: Vacation accrued but unused as of December 31, 1983, shall be converted to annual leave at the rate of one (1) day annual leave for one (1) day of vacation. Accrued but unused sick leave as of December 31, 1983, shall be convertsd to annual leave according to the tollowing �chedule. a. ist 45 days @ 1 day of annual leave for 1 day of aick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave In lieu of severance pay, one hour of annual leave shall be credited for each full month of employment up to a maximum of two hundred forty (240) hours. The total amount of annual leave credited to the employee's balance as of January 1, 1984, shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to the formula above plus the amount in lieu of severance pay. _ If upon conversion to the annual leave plan an employee's accumulation of annual leave exceeds thirty (30) days, that amount shall be the maximum total accumulation (cap) for that employee at the end of any subsequent year. Once a year, at a time desiqnated by the City, an employee �rill have the opportunity to exchanqe up to five (5) days of accumulated annual leave for cash. In addition, once a year at e time desiqnated by the City, an emp2oyee aith an accumulation of annual leave in excess of thirty (30j days will have the opportunity to axchange up to tive (5) days of annual leave for cash. Such an exchange ahall reduce the maximum total accumulation (cap) of an tmployee by an equal amcunt. 26.6 Upon separation from employment with the City, an employee will be paid one (1) day�s salary ior each day of accrued annua2 leave remaininq in the employee�r balance. 1i1RTICLE XXVIZ HOLIDAYS E�nployees will receive eleven (11) holidays. Zn addition, amployees shall be pafd at one and one-half (1- 1/2) times their base rate of pay for all hours worked on eleven (11j City desiqnated holidays. 14 ss ARTICLE XXVZII SHORT TERM DIS�IBILITY 28.1 Each employee wbo has successfully completed the tmployee's probationary period shall be �ligible ior short term disability benefit. Such an amployee shall be tntitled to tull pay commencinq on the twenty-tirst (21st) consecutive working day on which the �mployee is absent due to a physician-certified illness or injury whether on or otf the job, and continuing until the employee returns to vork able to carry out the full duties and responsibilities of the employee's position or throuqh the one hundred and tenth (110th) workinq day of absence, whichever occurs iirst; provided, however, that the amount of any compensation chall be reduced by any payment received by the disabled employee from workers' compensatfon fnsurance, pub2ic Employees Retirement 1►ssociation disability insurance, or Social Security disability fnsurance. Payment of ahort term disability benefit by the City to an employee shall not exceed ninety (90) working days for any single illness or injury, reqardless of the number and spacinq of episodes. The annual leave balance of an employee receiving ehort term disability benefit shall not be reduced, nor �ha21 such employee accrue annual leave during that period. 28.2 Before any short term disability payments are made by the City to an employee, the City may request and is entitled to receive fram an employee vho has been absent �ore than twenty (20) workinq days in euccession a certificate ciqned by a competent physician or other medica2 attendant certifyinq to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the riqht to have an examination made at any time of any employee claiminq payment under the ahort term disability benefit. Such examination may be made on behalf of the City by any competent person desiqnated by the City when the City deems the �ame to be reasonably necessary to verify the illness or injury alaimed. 28.3 If an employee hired before January 1, 1984, has recefved payments under the injury-on-duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eliqibility for coveraqe under short term disability for that same injury. ARTICLE XXIX FUNERAL PAY i�neral leave will be qranted to iull time enployees up to a aaximum of three days. Funeral Ieave fs qranted in case of deaths occurrinq in the immediate family. Por this purpose immediate family is considered to be a spouse, child, parent, qrandparent, brother or sister, �other-fn-law and tather-in-law. 15 ARTICLE XXX JURY PAY It sha21 be understood and aqreed that the City shall pay all reqular full time employees servinq on any jury the diiference in salary between jury pay and hfs regular aalary or pay while in such service. �RTICLE XXXI C�OI+SpENSATORY TIME I�tanagement reserves the right to approve compensatory time in lieu of overtime pay. Compensatory time shall not be accumulated in excess of tventy-four (24) hours, and must be used within the aalendar year in which ft was accumulated as determined by the empioyer. ARTICLE XXXII EMPLOyEE EDUCATION PROGRAM 32.1 The City will pay certain expenses for certain education courses based on the following criteria. a• The traininq course must have relevance to the employees' present or anticipated career responsibilities. Attendance shall be at a City approved institution. The course must be approved by the Department Head. b• Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, t�innesota School of Business, etc. 32•2 Proqrams Financial Policy Financial assistance will be extended to cover only the cost of tuition. Charqes for books, student union membership, student health coveraqe and other charqes for which the �tudent receives come item or aervices other than actual fnstruction vill not be paid. The City will pay 50�t of the cost of tuition in advance of the �mployee�s actual participation in the course and the employee �hall pay 50� of the cost. Upon successful completion of the course, an employee will be required to present to his Department Head a certification of satisfactory work. Satisfactory work is defined as follows: a• In courses issuing a letter qrade, a C or above fs required. b• Zn courses issuing a numerica2 qrade, 70� or above is required. �• In courses not issuinq a qrade, a certification from the instructor that the student �atisfactorily particfpated in the activities of the Course is required. 16 L'1J 32.3 If the Employee satisfactorily completes the course, he will be reimbursed for the additional SOt of the tuitfon cost for which he obliqated hi�self in the approved application. If the employee fails to satisfactorily complete tDe cource, he will not be reimbursed. 32.4 The proqram will not reimburse the employee for the Aours he spends fn class, only for the tuition. 32.5 E�tpenses for vhich the �mployee is compensated under some other educational or assistance proqram, such as the GI bill, wi21 not be covered. � 32.6 The City will not pay tuition or other costs for those courses vhich are used to make the employee eliqible for additional �alary. ARTICLE XXXIII PAY FOR INVESTIGATORS OR DETECTIVES Employees receiving the one hundred twenty dollars ($120.00) per month differential pay shall not be eliqible for the overtime provisions of the contract applicable to Po2ice Officers. ARTICLE XXXIV BMS C�iSE NO. 85-PN-486-A, ZSSUE 8 The City shall establish a minimum of two months between each shift chanqe in the rotation. ARTICLE XXXV WAIVER 35.1 Any and all prior aqreements, resolutions, practices, policies, rules and regulations reqarding terms and conditions of employment, to the extent inconsistent with the provisions of this �iGREEMENT, are hereby auperseded. 35.2 The parties mutually acknowledge that durinq the neqotiations which resulted in this7�GREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by 2aw from barqaining. 1�11 aqreements and understandinqs arrived at by the parties are set forth in writinq fn this J►GREEMENT for the stipulated duration of this �►GREEI�NT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to aeet and neqotiate reqarding any and all ter�s and conditfons of employment referred to or covered in this I�GREEMENT or with respect to any term or condition of �mployment not specifically referred to or covered by this I�GREEMENT, even though such terms or conditions say not have been wfthin the knowledge or contemplation of either or both oi the parties at the time this contract was neqotiated or executed. 17 l su �RTZCLE XXXVI DURATION This �►GREEMENT shall be effective as of January 1, 1990, and shall remain in fu21 force and effective until the thirty-first day of December, 1990. In witness whereof, the parties hereto have executed this l�GREEMENT on this 9th day of April 1990. FOR CZTY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager FOR LAW ENFORCEMENT LABOR SERVICES, INC. . `�..�..�� 18 sv E„9��,��:��,9 s�W�� w�� Parkti SVCC�s Ma�ntenance MEMORANDUM i" To: willian► w. B�.irns, city Mariag�r �, �� r F�F19o-13s Ft�CM: Jahn G. F1ora,CPublic Works DirectAr �TE: April 6, 1990 SQB�7EC.T: Pbllutioa�► Monitorir�g Registratioal Fee Iast July, dt�e t;o the ir�a��ed eriviYncnner►t.al oor�oerns with grv�uxi atxi grouryd water pollution at gas statio� ar�d buried fu�el. tank sites in th,e City, the Oamcil approved an a�aent to tt�e bui.ldinq ooc�e Ctsapt�r 206 to pravide for a m4nitorirg wp11 ��++; t fee. �is a�exx�rent to the OYdinanoe allc�wed for recordir�g of the sites where annitorixrg wp11s were installed ar�d provided reports to the City as to the informatioa� abtained fran the vario�us removal activities . S�Usequent to that, the State Iegislature establistyed a rulir�g that the Departinent of i%alth wawld be the cnly agetx.y which wvuld ��; t wp11s of any type. We ir�quired of the D�ar�nPnt of Health abait wr Ordinariae ar�d w�ere told that anythir�g statir�g na�itorir�g w�tls wwld have to be el.iminated. Bec�.ause of a r�eed for this type of data to be mair►tained in the City, w�e have P�ared an �ner�nent to ChaP'ter 206 Sectio� J to acidr�.s polluti� moa�itoring regi.stration fees. �e �mer�ment addres,ses manitorir�g of air, grauxi or water allawir�g the City to abtain data as to the locatioa�► an3 information regan�ing the results of the monitorir�g activity. �e �n�r�m�nt maintains .- the s��e fee stnicture, i.e. $25.00 plan d�eak ard a$50.00 aruYUal registYation fees. Reoc�¢nexyd the City Oo�u�cil ooaZSider �ding Sectian 206.03.02 J to provide for a pollution aioni.torirg registrati� prooess. JGF/ts 7 • ORDINANCE NO. ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206, ENTITLED "BIIILDING CODE" BY AMENDING SECTION 206.03.02 J The City Council of the City of Fridley does hereby ordain as follows: 206.03 PERMIT FEES 2. The fee schedule shall be as follows: J. Pollution Monitorincr Registration Fee 1. Each polZution monitorinQ location shall require a site map, �e�-� description and length of monitoring time requested. (For matter of definition �°�_��e} �� pollution monitorinct location shall mean each individual tax parcel.) There shall be an initial application and plan check fee of Twenty Five Dollars ($25). contaminates. �-3. An initial reaistration fee of Fifty Dollars ($50) is due and payable to the City of Fridley at or before commencement of the installation. 3:4. An annual �e�t-i� renewal rec�istration fee of Fifty Dollars ($50) and annual monitoring activity reports for all individual ��'�r�� locations must be made on or before September first of each year. If renewal is not filed on or before October first of each year the applicant must pay double the registration fee. �:-5. A final pollution monitoring activity report must be submitted to the City within (30) days of termination of monitoring �e-� activity. � �z-�e�s �'- --�-� e-s�tt-r��e�-�e �re--M°�' _ _ .. � .. �e}�a�t-��= i� „ . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAPPALA - CITY CLERK First Reading: April 9, 1990 Second Reading: Publication: 7A Registration No. Plan Check Fee ($25) 7B CIi'Y OF' FRIDIEY Rec�ipt # POI�iT�I�T M�TI'l�O�2II� P��GTSTRATI�T •. � . • ..• - .: . I�CJ'dl D2SCY'l�lOri P�O�'�y OWf1EY'1�d�2SS 'jl�l . # �ntxactor & Address �,# Arrhit'.ect & Ad,dr�ess g�, # �ngineer & Ac3dres.s g,�, # TYPE OF in�ORK [] Ne�w [] Addition [] Alterat,ictr-Describe Applicant Signature �,# �� IAC.c.1tlOI1: N12�10C�: Period For Monitoririg: ��.y�y�.'ll\%� . .Y�'\�T1� 1 �\. 1\�Y� ��y�� i\ � � ryQWL APPrcrved BY: Date: Fee: Reoeipt # Renewal Fee: Rsoeipt # Rer�xaal Fee: R�eceipt # t � cinroF fRIDLEY C01�/tMUNi'CY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: April 4, 1990 TO: William Burns, City Manager � ,'1'1' � FROM: Jock Robertson, Community Development Director Barbara Dacy, lanning Coordinator Lisa Campbel�✓Planning Assistant SUBJECT: Consideration of Approval of Riverview Heights Purchase Agreements Attached please find the purchase agreements for the Mearold Jensvold and the Robert Morin properties in Riverview Heights. The Jensvold property is 2,250 square feet of vacant land at 7860 Apex Lane N.E. valued at $2,250.00. The Robert Morin property at 7871 Broad Avenue N.E. is 9,000 square feet in size and is the location of one single family dwelling valued at $49,000.00. The Jensvold property is parcel 8 on the attached map and the Morin property is parcel 5. Both Mr. Jensvold and Mr. Morin have received the required notification of acquisition, the appraisals, review appraisals, and the written offer to purchase. Both parties are agreeable to the terms of their individual purchase agreements and have signed the agreements. The City Attorney drafted and reviewed all changes to the purchase agreements and finds them acceptable. The term on the Jensvold purchase is $100.00 earnest money and the remaining $2,150.00 upon closing. The term on the Morin purchase is $1,000.00 earnest money and the remaining $48,000.00 upon closing. Action Requested Staff requests that the City Council act to authorize the Mayor to execute with purchase agreements. Staff hopes to close on both properties on or before May 15, 1990. LC/dn M-90-221 0 (� ��; � ,y� - �� • ;� \, � � G� L� �- ;� r � _9 --�V _ ? �, � � G � �r ��, . ' i : ,� ' ° c� 5 �tV1 y � 'zl �{ y q 3q1 -s= . r . � , ,� ; � '� �• t� ,, ,.s ` � � ...� . �. �- '� '� 1q�� ET' �� L-�NGFELLOW j � 8A ,� � , � � . ; : �c � .. v. � _ . . - �� ', � �, � �,; ;� _ �8� �+ � I� o� 3 380 � . �, q y f�, , •� .'a .� �� . ; �� y �} .aJ ;(:j�) ��, ) �, , (sa, I �� '_ e1 , �, ` _ :_.t �� ' c-S� .F�;', '.r � i ,� r ".� _ • � � �� ° �� , � . ,,' P . „ ,: l � , < < . y � Y �!�tto j� �, � I • f . �• � - �. � . ,� � , e� . ' �1 '.r_ . - ,. o ;. V � �, r- - - � , ,,,. »� - , �. , � m 1r1 c- ,,A,. � '� ��r .� � •6. � :;�� ;,• � A i � /, S � ;7 V. (° 7' 1 � � � ��9 va' y, ,., � ' - i v,. ? ., )t < < f i ' �I lj w � j � �= • J Z : � f � .� i \ �,� 9 � (� � ��y _ _ _.-i . , � , � .. . �:, � g M , a , �, � ,. ' a �!. ' �. 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Parcei 6 1988 Proposed Acquisi'�ict�`�� _ �' _ � ' f' �� ''� ("' - � ,�� ' �� ` `� � � `�i��''; �.�'•'j �. �8G(, , � .: , . \�. Parcel S 1987 Acquisition in Process . ,'_ �� '� `:�, a �'- E"'_�. t'�� _ '' �,�P � � ,r., � ; :, � BLO ' ��, 0� , - j � �� ,,, �.� „� •�*�� . ,�, �g.f � � . . ` i KEY N � � � i' �L-� � --� '� -,�� esy ' .• ` �. �� r . i \\ ' .�'�" � � . �r �',`•.1 0� ..- :� l�J Q� t •. � Previously Acquired Property ` \�' . � L"� .,,�`- �' �� ' ('�) y �� , : .� � �. sp _ �.:� �. -� � �e� �Pro osed Ac uisitions \� / P q � \ �:� ` �' (+�) � � Clty Par � roperty SCia'e: 1 w� 20�� . �� \• l .� � ° � -t _ ��` � � � ' , \ � � �� " \�: --Y � .S � `` �\� tt�' �•JiM� \ _- � \ 34 � � -re � � . ,. / '� � ane r�v��uay, h�� 11 9, 1990 19 Racial epithets spray-painted on islamic mosque in Fridley Raci�l eoitMeu w�erc di�covercd 1�01 Gndeaa Av. NE Wisdo�� alw nw yean a�c. He �id Ae A�d �o ida �ee wmet�uit like (Nis� 1 tued tAc �0�!Y-O�ted oo t4e �ralb of m Ir wae brolcen. raid Amio Kader. PRSi- �bo awed thc vsndNism. quettion is, ue w�e pin{ forwmd ar Ym�c mo�que m ftidky aa Susday dent of We aeota. pini E�dcwud7" �ay, "1 p�tt+ �oenetima the►e9 0o tnwn Kader nid • timilv ieeident lup fa bi�otrY. but it'� t6ere," 6e nid. K�der s�id the incident war reported TYe �fiu. �rhidi iiduded waNi- oened about reveo montM ap. �sd "IC� distrcu�n�, fomethin� rou don't b Ftidky police. wda 6�d o0 otber ta�, w�u �pnyed oa the brick anetiot t6�t tl�if v�s She tAitd weh i�adent eapM in this oountry, buih on ieh- ieformatioo yaterd�y. d tYt !�K C7ealer of Minne�ol�, ina t6e aoler opened i� FeidkY pw 6eedom." k r►d. "Whe� Y� - . . MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT BEFORE YOD USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. 1. PARTIES. This Purchase Agreement is made on , 1990, by and between Mearold L. Jensvold, a single person, of 3406 Washburn Avenue North, Minneapolis, MN 55412, SELLER, AND the City of Fridley, a Municipal Corporation under the laws of Minnesota OF 6431 University Avenue Northeast, Fridley, MN 55432, BUYER. 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as Lot 11, Block AA, River View Heigts, located at 7860 Apex Lane, City of Fridley, County of Anoka, State of Minnesota. 3. PRICE RND TERMS. The price for the real and personal property included in this sale is Two Thousand Two Hundred Fifty and no hundredths ($2,250.00) Dollars by cash which Buyer shall pay as follows: Earnest money of $100.00 by cash, receipt of which is hereby acknowledged and $2,150.00 cash on May 15, 1990, the DATE OF CLOSING. 4. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed, joined in by spouse, if any, conveying marketable title, subject to: (A) Building and zoning laws, ordinances, state and federal regulations; (B) Restrictions relating to use or improvement of the property without effective forfeiture provisions; (C) Reservation of any mineral rights by the State of Minnesota; and (D) Utility and drainage easements which do not intezfere with existing improvements. 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. SELLER SHALL PAY the teal estate taxes due and payable in the year 1989. BUYER SHALL PAY the real estate taxes due and payable in the year of closing. There are no special assessments certified for payment with the real estate taxes due and payable in the year of closing. Seller warrants that taxes due and payable in the year 1990 will be NON homestead classification. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 6. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property iBu er damaged materially but less than substantially prior to closing, y may rescind this Agreement by notice to Seller within twenty-one (21) -1- days after Seller notifies Buyer of such damage, during which 21-day8C period Buyer may inspect the real property, and in the event of such recision, the earnest money shall be refunded to Buyer. 7. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that there is a right of access to the real property from a public right-of-way. Seller warrants that there has been no Iabor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the deed or contract for deed. $. DISCLOSURE OF NOTICE. any governmental authority regulation. If the property Seller has not received any the covenants. Seller has not received any notice from as to violations of any law, ordinance is subject to restrictive covenants, notice from any person as to a breach �� 9. POSSESSION. Seller shall deliver possession of the property not later than May 15, 1990. 10. EXAMINATION OF TITLE. Within a reasonable time after acceptance of this Agreement, Seller shall furnish Buyer with an Abstract of Title or a Registered Property Abstract certified to date including proper searches covering bankruptcies and State and Federal judgments, liens, and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's attorney examine the title and provide Seller with written objection or, at Buyer's own expense, to make an application for a Title Insurance Policy and notify Seller of the application. Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objections not made within the applicable ten (10) day period for above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. 11. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyez of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing sha11 not delay the closing. Cure of the defects by Seller snall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lendez of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections� the closing shall take place within ten (IO) business days or on the scheduled closing date, whichever is later. -2- B. C. If notice is given and Seller proceeds in good faith to make8� title marketable but the 120 day period expires without title being made marketable, Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, any one or more of the following: 1. Proceed to closing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable attorney's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages aze excluded); or, (b) Undertake proceedings to correct the objections to title; 2. Recision of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer; 3. Damages from Seller including costs and reasonable attorney's fees, as permitted by law; 4. Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: 1. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; 2. Seek specific performance within six months after such right of action arising, including costs and reasonable attorney's fees, as permitted by Iaw; E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: 1. Seek damages from Seller including costs and reasonable attorney's fees; 2. Seek specific performance within six months after such right ot action arises. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 12. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 above and, if mailed, are effective as of the date of mailing. -3- 13. MINNESOTA LAW. This contract shall be governed by the laws of 8E the State of Minnesota. THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, CONSULT A LAWYER. Minnesota law permits licensed real estate brokers and sales agents to prepare purchase agreements. No recommendations or representation is made by either the listing broker or selling broker as to the legal sufficiency, the legal effect, or the tax consequences of this contract. These are questions for your lawyer. I agree to sell the property for the price and terms and conditions set forth above. � - � , � i '� `' � ; ' �t % SELLE � �:-!.•-.�.+ - ;� ''�..�; ' � � e�rvold'L."Jensvold (Da e) .� �� ; ' � �v:.� �� -- � � �� L ,• I agree to purchase the property for the price and terms and conditions set forth above. CITY OF FRIDLEY Closing shall be at the office of: Name Company/Firm Name -4- BY: William J. Nee Date Its Mayor BY: Shirley A. Haapala (Date) Its City Clerk Address City Zip MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT BEFORE YOD USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. 8F 1. PARTIES. This Purchase Agreement is made on , 1990, by and between Robert T. Morin, a single person, of 7871 Broad Avenue Northeast, Fridley, MN 55432, SELLER, AND the City of Fridley, a Municipal Corporation under the laws of Minnesota, OF 6431 University Avenue Northeast, Fridley, MN 55432, BUYER. 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as Lots 29, 30, 31 and 32, Block AA, River View Heights, located at 7871 Broad Avenue Northeast, City of Fridley. County of Anoka, State of Minnesota. 3. PRICE AND TERMS. The price for the real and personal property included in this sale is Forty-Nine Thousand and no Y►undredths ($49,000.00) Dollars by cash which Buyer shall pay as follows: Earnest money of $1,000.00 by cash, receipt of which is hereby acknowledged and $48,000.00 cash on the DATE OF CLOSING. 4. DEED/MA.RKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed, joined in by spouse, if any, conveying marketable title, subject to: (A) Building and zoning laws, ordinances, state regulations; (B) Restrictions relating to use or improvement without effective forfeiture provisions; and federal of the property (C) Reservation of any mineral rights by the State of Minnesota; and (D) Utility and drainage easements which do not interfere with existing improvements. 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. SELLER SHALL PAY the real estate taxes due and payable in the year 1989. BUYER SHALL PAY the real estate taxes due and payable in the year of closing. There are no special assessments certified for payment with the real estate taxes due and payable in the year of closing. Seller warrants that taxes due and payable in tY►e year 1990 will be FULL Y►omestead classification. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 6. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property is 8G damaged materially but less than substantially prior to closing, Buyer may rescind this Agreement by notice to Seller within twenty-one (21) days after Seller notifies Buyer of such damage, during which 21-day period Buyer may inspect the real property, and in the event of such recision, the earnest money shall be refunded to Buyer. 7. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right-of-way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the deed or contract for deed. 8. DISCLOSURE OF NOTICE. any governmental authority regulation. If the property Seller has not received any the covenants. Seller has not received any notice from as to violations of any law, ordinance is subject to restrzctive covenants, notice from any person as to a breach TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. or of 9. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 above and, if mailed, are effective as of the date of mailing. 10. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 11. ADDITIONAL TERMS. THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, CONSULT A LAWYER. Minnesota law permits licensed real estate brokers and sales agents to prepare purchase agreements. No recommendations or representation is made by either the listing broker or selling broker as to the legal sufficiency, the legal effect, or the tax consequences ot this contract. These are questions for your lawyer. I agree to sell the property for the price and terms and conditions set forth above. SELLER Robert T. Morin (Date) I agree to purchase the property for the price and terms and conditions set forth above. CITY OF FRIDLEY BY: William J. Nee Date Its Mayor Closing shall be at the office of: Name Company/Firm Name BY: 8H Shirley A. Haapala Date Its City Clerk Address City Zip FROM 6�R.NA GV�Y LAY MPLS. �. 6.1990 5:45 P. 2 i ADD$NDIA�I 1b ppgCgP►SE AGREFl+tBtJT Thie Addendum d�ted the ciay of April, 1990 is made and entered into by Robert T. Mor��"6eller") and the City of Fridley, a Municipal corporation ("Buyer"I nnd amends thnt certain Purchase Aqreement of even ttate herewith covezing property located at 7871 Broad Avenue Northeast, Fridley, Minne$ota 55432. 1. Examinntion of Title. Within 20 days of tihe date of this Aqreement, 8uyer ah�►11 (a� Buyer's soie expense) conduct e►n examination of title nnd notily fieller io writing of any objections thereto. Buyer shdll be deemed to have waived any tit�e objections not ntade within the applicable twenty (20) day p�riod. zf any objection is so made, Seller will have 120 days from receipt of the abjection� to make title marketable. Zf Seller chooses not to make title marke�able or if title cannot be made ►narketable within the 120 day �eriod, then this Purchase Aqre�nent shall became null and void, at the op�ion of either party, aad all enrnest money paid hereunder shali be reFunded. xf titie is mAd� marketable durinq the 120 day perioa, the closing shal�. take place within 10 dr�ys of such event or on tbe date originally echedul�d far closing, whichever is later. All pAym�nts rzquirad by this contract ehall be postponed pendinq the correction of any title probiems. if Suyer obtair,s a title insurance commitment (nttorney's title opinion) showing title to the prvperL•y to be marketable, and if 8uyer has Seller listea as an additional insured (pro�ected) party on �.he �itle insurance policy (attorney's title opinion), thea Seller agree� �.o execute a Warranty Deed convzyiny title to the prop�rty to the Buyer. If such �► title insurance policy (attorney's title opinion) is nat qoing to be obtained, then Seller aqr�es to transiez titile Uy a Limited Warranty Deed. IL titl� ie L•ransferred by warranty D�ed and such titile insurance policy (attorney's title o��nion) is not obtained, ther� Buyer agrees to hold Seller responsible only for title def�cts caused or suf-ter�d while Seller owned the property. This representstion ahall survive closinq. 2. Clasing Costs. Notwithatanding any�hing in the Purchase Aqraement or thia Adden�um to the coni:rary, Buyer aqraes to pay a11 closing costs assoeiated with this transaction, including ali eosts for the following: (a) (b) (c) td) te) (f? Preparntion of documente, Closing feee, Aecording fecs, T�xes aseociated with the land transfer, including AqriculturAl Fee, and �nd Stete Deed TAx, Title see►rch, expensee, and 8eller's reasonable attorney fees. OlL (00 JJV� FROn 6QFr�a Gu�v LAU nvLS. 3. Poeeession. 1. 6.1990 9s16 P. 3 � Seller ahnil deliver posaeesion iramediately after the expiration of e� Posaeseion Aqreement to be ent�re8 into by euyer and Seiler at closing, which Poaseasion Agreement wiil aliow Seller to remain ia possession of the property for two months arter ciosing at a► preaqreed rental raLe oi 8250.00 per month, payable in advance in monChly inataliments. The Posseasion AqreemenC ahall contain such terms e►nd conditione as are mutuelly satisfactory to the a►ttornGya fo� the perties. All interest, ivei oil, liquid petroleuan gas, and all charges for city water, city sewer, elec�ricity, �nd nature►1 ge►e ahali be prorated be�ween the parties as of the dat� of poasesaion. 4. Relocation Costs. Seller �nd Suyer acknowledge that 3eller is entering into this Purchase Aqreement with the undersL•anding end belief that he will be el.igible tor r�location assistance paymenta in the amounts set forth in �he letters dated February 20, 1990 and Aprii 5, 1990, which letters were aent to Sailer by Tom Donohue, Relocation consuttant for the City of Fridley. Ii at any time prior to the c�osing, Selier's entitlement to relocation assistacice is callea into question, ther► Seller shall have the riqht to cancel this purchase Agreement. 5. Personal Property. Personal property remaininq after the Buyer has vacated the f orfeited to the Duyer. b. Miacellaneous. on the property aixty (60) days premises shall be automatically Except as specifically modified by this Addendum, the terma and conc�itiuna oi tlie Purchase Aqreement signed by Seller and Buyer shall remain in full force and effect And be bindinq upan the parties hereto. This Ac�dei�dum ana ttie dbove referer►ced Purchase Agrea�nent constitute ti�e entirz agre�nent between the partiies with respect to this transactio:l. This Adden3um And the Purchase Agreemen� may not be amanded or otlierwise modlfied exce�t Uy a wri�inq signed by the party agAinst whom auch amenSmeat or m�dification is sought tio be enforced. wherefor�, th� parties have caused this document to be executed un the c3ate and year fir�t above written. Seller : Buyer: City of Fridley Robert T. Morin By� W�11 am J. Nee Itia: Mt�yor By s �_ Shirley A. Haepale Itss City Clerk MEMORANDUM � `� TO: William W. Burns, City Manager��r PW90-139 FRdM: John G. F1ora,�Public Works Director �..) Mark A. Winson, Asst. Public Works Director/�l�"" Jon Thompson, Construction Inspector � DATE: March 30, 1990 SUBJECT: City Council Award of 1990 Miscellaneous Concrete Curb, Gutter & Sidewalk Project On Thursday, March 29, 1990, we opened bids for our 1990 Miscellaneous Concrete Curb, Gutter & Sidewalk Project. This project is an annual contract and is part of Fridley's overall repair and replacement maintenance needs. We received six (6) bids this year with Lindahl & Carlson the low bidder of $26,310.00. Recommend the City Council award the contract for the 1990 Miscellaneous Concrete Curb, Gutter & Sidewalk Project to Lindahl & Carlson for $26,310.00. JGF/MAW/JT/ts Attachment 0 • i'� � BID PROPOSALS FOR MISCELLANEOIIS CONCRETE CIIRB, GIITTER i� SIDEWALR PROJBCT NO. 1990 THIIRSDAY, MARCH 29, 1990 11:00 A.M. BID TOTAL PLANHOLDER BOND BID COMMENTS Lindahl & Carlson 1821 Univ. Ave., #N318 St. Paul, MN 55104 Halvorson Construction 4227 165th Avenue N.E. Anoka, MN 55304 Standard Sidewalk Inc. 29635 Neal Avenue Lindstrom, MN 55045 Gunderson Brothers 2325 Snelling Avenue Minneapolis, MN 55404 Schmidt Curb Company 21504 Ahlstrom Street Rogers, MN 55374 Adcon Inc. 16191 Round Lake Blvd. Andover, MN 55304 Curb Masters 10150 101st Street No. Stillwater, MN 55082 DN Con, Inc. 9870 161st, West Lakeville, MN Florian Koth 4747 5th Street N.E. Col. Heights, MN 5542Z Landmark Concrete Inc. 10815 Mankato Street NE Minneapolis, NIN 55434 5$ 5� 5% 5g 5� 5� NO BID NO BID NO BID NO BID $ 26,310.00 $ 28,860.00 $ 32,200.00 $ 34,395.00 $ 35,450.00 $ 42,700.00 . � Engmcenng seWe� wdi�, Parks Slreets Maintenance MEMORANDUM .�_, � -. � TO: William W. Burns, City Manager �,� PW90-150 FROM: John G. Flora,rPublic Work Director DATE: April 5, 1990 SIIBJECT: Bids for Phase II - 3 MG Concrete Reservoir Repair Project No. 200 On March 22, 1990, at 11:00 a.m., we received six (6) bids for the repair of the interior of the 3 MG ground water storage tank at Commons Park. AEC, our engineering consultant for the project, reviewed all the bids and determined that the low bidder, Paragon Constructors, did not provide the financial statements required in the specifications nor were using an interior coating which was approved by the Department of Health for the tank lining. They had given the contractor until April 3 to submit the necessary documentation regarding their financial status and their proposed coating material. This information was not received. Accordingly, they recommend that the bids be received and we award the contract to the second low bidder, Western Waterproofing, who did satisfy the specifications for $272,861.64. Since we had problems with the coating on the 1.5 MG tank, it would behoove the City to insure we have a properly approved Department of Health liner in the 3 MG tank and, therefore, I concur with the recommendation of our engineers. Recommend the City Council receive the bids and award the project to Western Waterproofing Co., Inc. for $272,861.64. Within our Capital Improvement Program, we had projected a $380,000.00 amount for this repair work. JGF/ts Attachments 1� � •. . • b�Z SS� S�U1 0��0��9Q 1�:0� F.�iS 612 �3a �101 �EC-E\GI��EERS 591 EtevenM Avenue Soutt� �� i ENGiNEERS & DESIGNERS � M�^^� �15 �,�-s�s ApnY a, �.s4o Mr. John G. F1ota. PE GYty of Fridtey (�vi�c C,enter 6431 Uaive�sitp Avenue Fridley, M'mnesota 55432 Ra BidEval�ation Reaondiuoaing 3A NLMG Concaete Gra�d St�rage Res�v� AEC Prajat No. MN 915 De2tr Mz. flora: Tl�e bid ppening�vas �eld on March 22, L49() at ll am. The sa (� bids �teoeived. wert as foII�vs: Sidders: Paragon Conmacmrs wescera wa�erproo5ng co. In� UnivezsaI Applicatois In� JMG Canuac�ng TNII caaungs Tn� �Vilian� H. KeIly.Co. 'ILe en�ainee�s estim,ate was Si57,750. 5249,�.00 Sri1..86L64 �17,t17.00 �40,000-Ob s:�lo,oa.a.00 5588,36(�.OU In revicu-mg the qual�carions of tbe low-est biddez, we 5ad tt�at Paragon Constrnctos dces not meet tb e reqv.iremen� of Parag3ph 5-13 of the spe "c�'ic3tioas amd shoaId be d�squalifieci SpedficaIlv, t]ie bidder did noL 1) snbmit the req�red fiaal�aal statements sho�mp he has the fta�ncaal resoui�es to meet aII obli�auons inCident to the wur]� and, 2) shaw tisai tl�e alLernate mterior coatm� spstem bid met the rcquirem�u of Se.Gtion 7 of the speci.�tcations aud bad appro�l. for wntact �ith potable dr�a �ter from tI�e S'ta.te of I�anesota Depa�ent of Health. I� reviewing the c�alifications of tiie seoond towest bidder, Re fmd that Western Waterproofing Comp�a�v, Iuc meets the r�q�remeats af Pata�ph 8-1.3 of the speqf" tc�tioits and is qnalified to do the R1orL We raoommend goII aaoept the seaond Iow bidder, Western Wa�t'proofmg Comgau�, Inc Enclosed, fnr yonr refereacr, is a bid tabniatioa slieet on the projecx. Sincerety, AEC - ENGIIQEERS c� DF�IGI�IIIZS �� 7oha R Bazck, P Presdent . .�.., � 002 � �, Branch 01fice_ t38071rltage Nill Drive • 1�'idlotf�ian� {rirg'vua 23t13 • 804379-394-t 1 � BID PROPOSALS FOR PHASE II - 3 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 200 THURSDAY, MARCH 22, 1990, 11:00 A.M. .......... .............. .. .... ..::..:. ...:. ..:.:::::::::..�:::. ............:. . .. .... :.....:::. . ......:.:.�. �. � ..... .......... j�� }y,. ... ... . . .. .y.::.. . ::.::<.:; ��<rx.�<:>:��:4;<:. ... .. :........ :.. :.. .... v •::::::::::.:: i, ......: .: .....��. �y�, . w. . ........ • v :.......:.: , . . ... ...4�4. \: ..:�::: :•'.. .. .. . .....: :. .. .; ....... ::: :•::.::�:::.�::::::.� •: � .y ............ .: •::::::: :::::.:..�.r:.�.. .. .. . :•+:•i•::::: •:::::. •C.ii:•i:•i:{.::•:•,•,�• . . . . C.. : S•i:•:v.. .. :. .�....... � � � ............ � .. : . . . .:::::::: ...n..4....... . f { .. \�n,-., n .. ��i:�i��:V.:ii::i?ii::�:��: ::::?iiiiii:::: wii•i: .; .} .g �.: � . . :. ........:v.........:.:. .�.:::.r::::::i:¢:�{]{?■:•K �: .■.. ...............1..... . . {.� �. : . . . . :::::::.:::::::::::..:: .�.::.: .:::::.n. � . ' ::•iti�.�i:�ii�i:�::.: �:•i :i•i:�L.:i'i:•i��Mt:...:. �:::iij:6?:+„��,•::�e �: .............. ... �TMJI�i ��1l�1Y'�'•��.iii:L:•i:'iiiiiii:?•iiiii: :.}•.i:.:}::xi<:::)M.�M•i:MfM�1l-IM...... :.: ...v.: :� .......:.. 1:}......n. .:............................., Paragon Constructors 628 Pine Street 5�Yo a249,454.00 St. Paul, MN 55101 Western Waterproofing 2838 Stevens Ave., S. 5% a272,862.14 Minneapolis, Mn 55408 Universal Applicators P.O. Box 310 59�6 5317,417.00 Forest Lake, MN 55025 JMG Contracting, Inc. 4253 -10th Ave., S. S�r6 5340,000.00 Minneapolis, MN 55407 TMI Coatings, Inc. 2805 Dodd Street 59�6 a410,044.00 St. Paul, MN 55121 William. H. Kelly Co. 1229 N. North Branch 59k $588,860.00 _ Chicago, IL 60622 Arcon Construction Ca 903 E. Forest Ave. NO BID Box 57 Mora, MN 55051 Tenyor Coatings P.O. Box 192 NO BID Badger, MN 56714 �: FRf�i: L�TE: Eng�neenng Sewer Water Parks Sireets Maintcnance MEMORANDUM a� william w. Burns, city Marsager �, ,�� +` Jotuz G. F1ora,�Public Works Direc�fior Bob Nondahl� Operatior�s Analyst April 6, 1990 g[)B,7EGT; Reoa�oerrdatit� to Awa�l �ntract for Oo�struction of the 1.5 N� Elevated Water R�servoir ptroject No. 201 �o-i3i On i�edn�sday, April 4, 1990, at 11:00 a.m., three (3) bids w�zt�e Y�oeived arxi cypened for C�.struction of the 1.5 1� Elevated Water Re.servoir' Project No. 201. Three (3) water re.servoir trower oor�panies bid the new reservoir. (See attached bid tabulatioaz foYm) . After analysis of the bids, Zbm �ar fran i�TI'B F��gir�eerit�g, Inc. reoarnnerrled that ti�e City of Fridley ac�o�pt the lvw bid fn�m Pitts Des Iybines Water' Tawex' �arry (PLt� for a flut:ed volimm water t�wer for a ba.se bid of $1,173, 200. 00. As noted o� the bid tabulatioai fozm, this bid is suhstantially laa�r than the bid f�dm T arr�ark Zbw�r for a aa�osite alternative t�wer at $1, 429, 475. 00. Qv.cago �idge ar�d Iroa1 C�mpany (CBI) was third with the water spheroid design for $1,447,000.00. Tcain has also revcx�nnerra�d to aoaept Optioa'► 1 for the �ensate veiling for $27,185. 00 ar�d Optioa� 2 for the wersized door for $15,115.00. It is the staff's recca�amer�datioa� nat to aaoept Optior► 3 or 4, the cie9rolitio� or relocation of the existirr� park storage kuilding. Tt appears that tiye City of Fridley can oontract this wurk for oonsid�xably less than the bid by PIM. Zhexefore, the to�tal bid by PCM, i.ncludirig the prev�ailir�cl wage addition of $6,700.00, is $1,222,200.00. Zhe prq�o�ed 1990 5-Year Capital Iag�rove�ent Program Wa'tpx' �� identified $l, 500, 000. 00 for the new 1. 5 N� Elevated Water R�e.servoir Zbw�er • Reoarmierrd that tile City Oo�uicil award the vontract to Pitts Des Moines Taw�er Water �any (P� for the Oonstruction of the 1.5 I� Elevated Water Reservoir Project No. 201 with Optioaz 1 arid 2 plus the prevailix�g wa9e for $1,222,200.00. JGF/BTi/ts 11 Attad�nment FRI� 11A BID PROPOSALS FOR CONSTRUCTION OF THE 1.5 MG ELEVATED WATER RESERVOIR PROJECT NO. 201 WEDNESDAY, APRIL 4, 1990, 11:� A.M. ..::::.:.:� . .......:..:..:.::::: .: .... ..... .... . ........ ........ . .... ....:..:..:. . .....:.:...... ...:..... .........:.... ..:;:�:::.>.<.:.>,:; .:......::;. . . .:.......:..:. .. �i:•:+�titii•;:i•,ti i,v,f,•�,'v�,:M1?}.:•,:Sti .�i • :{:i<iS:: ::: ..� . ...1vr.•.+. . . { �. ��::i;:iiii:::t:;i:;: : ii:�� b:::r.;}.. . ..:. . :::L:�• ..:�..v..:.y...��.... .w:::.v:v' :. ' :; '... .: •i :vn.n ii.: n:::!'.i:••:':':.. �:.;;. ........:'..: . . . :.:':: ::::::.v: ::: :•:::::::::::: x.: .. ': .:.. •.::. • . ....� :....... . ;..;;:: �i:. ::ii:•i:.}ii�:<�.'�..:...: i. ��::. � + ..:.::: .... ....... ....v::{'i:i•::•i. �'. � ...::i{.,^.,..•i.>?:i:i•:{i.in46:• .i:•`�+Y:�.+:�........... BID BOND 5% 59�0 5% . ...... .......... .......... ............ ...................................... ..........:::: .. :.::: ::::::::::::::::::. ..:::::::::::...:::::: .::.;:...;;::::.>::.:::: .:::.:<:::::::.;:;.;:.>;:.;;:.;>.::::::::::::::::::::::::::.::.:<.: ::.::::....:.:: .. . .:...:.. .::..... . ... . .: . . . ......:........:......:........::.::.<.:.::,:..:......�..... . . . . . ..... ......... ..... .:: . ...... ...: :..... .. ...... ...... : :::: :: :: ::::::::: ..,: .::.,::.;;.....: ......... .... <:.::: .::: . .: :::::;.;:.:::.. � :: ;.;,: �::;.;;:.::<:.:: ; :.::.;:: :.>::::.: : : :.: :. . .... . . .. . .. . G ., . .:. . . . . .. . . . . . . .: .. < : :.: : : : . : : :.: :.: :.>:: :.. � : : :.: : : . . . . :::�<:::<;:: w::>:::<:»>::;;:,<::::>::>;:::»»>;;:>::::»>:> ::::>::> .. :::. . . p . .. ...:. : , ...::::::..: :.:..:..:::...:.... . .::. :: <. .: .. :;:. . : , .; .: .:::. .. .. . ::.....:.;:.:...:;.:�.::::::::.�:.::::.:;;:.::.:.r.::.:..,::::... ./�.: ............ :.. ...... ..... . .....: . � :::::::...:::n•.n.....:::::..�::....�•:.ix, ....:::ii�i'�ii:{�:i�::J:i}:::�::�:C•`,xp:�:i::•Y:•:j$:i:•iiii:::i{ii:•:i>i:ir. �x�>��:��>�,�i`:G:�J��: �. :. ....... ........ /•::.R7:••E•::..:•::!•:.;.>:�::•.:r::::::.�::::::f•:::.:r.::::.,•:r.•......::::.:.:.:.... Flutted Column 1,715,000.00 1,173,200.00 NO BID Water Spheroid 1,447,000.00 1,499,000.00 NO BID Composit Alternate NO BID NO BID 1,429,475.00 :...::::. ........... .:.:..:. ,; ... ': i��:;::��li�::>::>':»>:<:'�:::;:;>_:::::::``:`:<:«`:>::<:;:<;:::::::>:::�>��::::;:::>:`:`«:`:::>':>;:>;><>:>:;:>:�::::<::'<::::::>�:�>;:�<:::;>::«�::>�:>�'�::`�;«:�::::<�::::>�:`::::>:::��<:::>::::�:;'�:::::<::::::<�:::�::::::�::::;�:::��::'<:>:«��<::'>::>;:>`::;'::::::>::>�:'::>�'>::::�::;;:::><``':»::>':�::?::::::;;?:?> ��x:<�P� :................................................. . ..... . . . ..: ....... >......... ... ..... .... .. ... .. ..... .:.. ....... .. ... .... . ... . ................... .... ....... ................. .. .. . .. ... . . . 1) Condensate Ceiling - Flutted Column 50,000.00 27,185.00 NO BID Water Spheroid 4,900.00 6,120.00 NO BID Composite Alternate NO BID NO BID 30,000.00 2) Oversized Door - Flutted Column (12' x 12') 35,000.00 15,115.00 NO BID Water Spheroid (8' x 6') 4,700.00 6,500.00 NO BID Composite Alternate (12' x 12') NO BID NO BID 4,500.00 3) Demolition of Metai Storage Building 4,400.00 12,540.00 5,000.00 4) Relocation of Metal Storage Buiiding 28,60Q.00 29,700.00 25,000.00 :;; :...........:.............:.: .::.:.:.:... p�,/ k p��/�.�I C�y <::s:\:;:5�:�:�3::;><b�:<:� >>:�?«:<;«s<`�:<:;�;:><;�:�:;:::;;;>::<:;:;::;;>:::::::;��:>:�:�<:» :;<>:?.:::::>:>::::::::»:;:>::>::::>;::::><:??:::<::� :::::>:;:::>::::»::><::::;::> •:: r:: ;;•;:•::::•:::: s:c•: •::::.. �::::�::: � r..::::•-;;:�-:::>�: :•:�:<:;:�:::::.;;:::: �:�;;;;.:.: . ; '� ::: ��`i�ic�X:�k�N?Iii�;�:T�'��ii�7':�::;:';::';SSi::i:::;��:::;::: ��::;�::::;:;:�:::i':•':��t;':::�':'�:;:��ii3��3'�;:'�:�S:t•`.�:;::'�:�r:�: i:::o`;;:;;: Si:;:::'.;`.�:::�i::::•':: _:;•`.•::i•::::•::�:>:.,^.,::;::.:.:: • :::::::::: ...: . .. .: :::. t�: . ...... ... ....... .... ..... ... ........... ... .. .:::::.:...::::::::...:�:•: �•..: :•::::::::... Flutted Column 5,000.00 6,700.00 NO B!D Water Spheroid 5,000.00 6,700.00 NO BID Composit Aiternate NO BID NO BtD 31,000.00 : ...::::: ...: .. .........::: ...:: . :.. .: .: .......... ....::::::::::.::::::::::::.:. ......... .. .. ... .. ... ...... ..... .. ............. ........ ...........::::.:.:...:..:.:.:.,,..:..........:��.....:�...,,.........:.:;.�.:;:::::.:::::;.:..:�::::::::::::...... .. .., .... �.. ... . .. yi� ��{c.. . ...... .................. ...... ... .......... . . . . ...: .::..:.....:: ..:,::..,,::.>�.:� ::::::::>:::«f::.:.::.;:::::>:::: �<::>::>;<:.>::»::;>::<;:><.::.::<:>;:.:>�;:.;:.;:; :.;;:.:>::>: �y :::\•::::...::::. �::.�::::::..n..•:...n ................:+::.:..?:n{::..:!:.:: : • Iq��j F�. ii'�f{^ii::j $ii:�j:::i.`•>iii:i� :ti�:�%?:i%>:i}'ii::;:4:y::ii��i:�i:}�?:::::C<i>:::i:<� . ..::::.• ■.� . . . ::v •• , : � �.. �':; .i��I.��. � .iM�iii:ii:•,?i�iirii:•:r�:•:�:'i:�:•i ::!}iiii:•iiii:'i'::ti�:•:Ji:i:::�:i�:~�>:i:ii:;:yi:•,::i{�$:•:-i:i::i::Vi:i:•i :ti::i:i:•ti::•,:::iiti:;'•,:;'i�:ii:SV:•:::i:i::i�'i,:�::ii:'vi:•,iyii:i!!:.r :�R::::•,:iR;�.,Y,,.�..�.v........n ....................:n.:n.............. .................................nv.r..................... .... ...n. ...... . . ... . ....... .... . ......... ....r......................... ... ...... .. . :.. ... Vendor Automatic System Automatic System Waldor Pump Manufacturer Auto Con Co. Auto Con Co. Consolidated Electric HOWARO NEEGLES TAMMEN 6. BERGENDOFF G'lX/ Fra�trr � AFiCNITECTS ENGINEEFIS PLANNERS A:�enue Snuth April 5, 1990 Mr. John G. Flora Director of Public Works Civic Center 6431 University Avenue Fridley, MN 55432 Re: Water Tower No. 2; Fridley, MN Dear Mr. Flora: Suite ZGo Min�reapolis, Minncsutu 55 i.i 5 (G1') l?0-iGbG HNTB has reviewed the bids for water tower no. 2. Based on our review, it is our recommendation that the City award the project to Pittsburg - Des Moines, Inc. on the basis of the fluted column style. Also, it is our recommendation that the City accept Options 1 and 2(condensate ceiling and overhead garage door) and reject Options 3 and 4(building demotion and building relocation). The total bid for water tower no. 2 is, therefore, as follows: Fluted Column: $1,173,200 Option 1: 27,185 Option 2: 15.115 $1,215,500 HNTB has no recommendation regarding payment of prevailing wages. That decision is entirely up to the City Council's discretion. If you have any questions regarding this submittal please feel free to call. Sincerely, HOWARD NEEDLES TAMMEN & BERGENDOFF �� - Thomas A. Roushar TAR/dhs File 13103-21-00/JGF1ora.TAR P��in�r� Cnaries T. He�niBe� PE. �e��e'� J. SD�ga- PE. John l. Coito� PE, Fra�cis X Hd'.��. PE. Aobart S. Ccme PE. Oo�a�tl A. DuO�eS PE. W��'��a.m Love FA:G. RoOe�c O M��,��ar PE. Ja^�e= L Tutue. Jr PE. HuBh E Sc�a��. PE. Cary C. GoOCma� />��+. Go�tlo^� H. S'�a�ey. Jr PE. Harvey K. riemmo�a, J� PE. 5[eO�e� G Goaoa o PE. John W W�gn2. Jr PE. R:c!�aro D Bec4.�a� PE. R�c�'�a�� Fa��e� ?�4. Dougles E Prescoct. PE A��oel�i�� Ke�Oa' T Linco'�� CP�1. qobe�ts W Sm�[M1e^� PE. Narry D. Ber�ossa PE. Ra'�ph � Rotisc^, PE. Sia��e�� Masc PE. Aoberi W 0'�z�•a PE. Wa�ce� S�arkp PE. Ja^+e� p Russe-' PE. Ross l Je�se� AiG, Frank T La�mm PE, M Je�Ome But'�er PE. Bia�Se M Ca^riBre PE. M�_�ae�. P��Bd^O�a PE. Be�ndr� �. Pr�n�e PE, S�ep��0� B Ou��^�� PE. Sau� 0 Jacobs PE. Ew�nB H. M�i�e� FAip, po�8��es C. Mynre PE, Car', J Mei��ee PE. Da��e� F BeckB� PE. Dc��a'�o P Ka�Gh PE. %ao�a�� Ha�c�e PE. RoOert W Luscor+De AE. TncmaE L. W��,a�5 4'�4. Oe�nis E Co�t �� PE. Jonn E. Kupke PE. Poaney P. P,�o PE. Steve� M aeiss C'i4. Rooeri ? Le�cA PE G�e ^� G Saoi, s y PE, Be�+ie^+�n A. W��s�e- PE. Roaer S. G�st�� PE. Joh� D B�etne^s PE. Cnar�e5 L. O�Ae�"y. Jr PE, Aobe^t M S�.oe� PE. Dc�..g'as G B�vd 0��+, Ray^+3�0 J McCaCe �E. ��omes G. Sk�nne� PE. ��p vgr ss�PE OMIa�� 4�exantlria. vG. G[:a�ta. G4. Balo.+ RouBe. ��. Bosto�.. MG. C-� . i s[o�. '/�V. C!+�cago. i�, G�eve�a �c. ❑'+, �.o _ ro, CG. Da��as TX. De�ve�, CO, Fa��ie c NJ. r�tD^C. CT, H..s n. TX. In��a�a0o��s �N, 1-v.ne. CG. Kansas City. MO�LOU�sv�.•ie. KY, Ler��'iB�o�, M4. L s G'�9e�as. C0. M�a�^•, F�, M��wautee. W,, M��nBapO��s, M'v. Ne.v� vork. N�', Oa�.a�0o. F�. Ove�ia�tl Pa^k, K5. �''�'��.a�e'��ti�a. PA. P�oe��x. 42, Fa�eiB^� hC. Seacc�e. W4. Ta^�oa. F�, �isa. OK. W��m,�.gco�. �E 11B FIRE DEPARTMENT MEMORANDUM 90-4-1 MEMO TO: FROM: DATE: WILLIAM W. BURNB, ROBERT D. ALDRICH, APRIL 6, 1990 ��. CITY MANAGER ,1y- y FIRE CHIEF ��' SUBJECT: FIRE APPARATUS BIDS - SPEC. #FD 90-1 The City received and opened bids for a 1250 G.P.M. Pumper/Aerial Tower on March 30, 1990. Seven bids were received. Boardman Fire Apparatus submitted the low bid of $203,388. The City may deduct $2,474 from the bid amount if payment of $74,930 is made at the time of delivery of the chassis and pump to the Oklahoma factory. Boardman had taken exception to the specification calling for a hydraulic ladder rack. Their exception was based upon not understanding how we wanted the ladder rack placed. I have had discussion with the factory and they indicated the willingness to include this feature for an additional $4,500. This would still leave them $13,926 lower than the next bidder. The department discussed the bids at its regular department meeting of April 5 and recommends that we included the hydraulic ladder rack in the contract. The City has authorized $250, 000 for the purchase of a new unit and refurbishing of the aerial ladder. I have been working with Determan Tank & Welding of Fridley on the refurbishing of the aerial. They have informed me that the refurbishing should not exceed $50,000. Contemplating a salvage value from the sale of the 1964 pumper it appears that these goals can be accomplished with the funds available. I am recommending the City Council award the fire apparatus bid to Boardman Fire Apparatus as follows: Base Bid Hydraulic Ladder Rack Less Prepayment Option Total Contract RDA/ss $203,388 4,500 $207,888 2,474 $205,4Z4 - 12 �iRE APPARATUS April 6, 1990 FR I DLEY �' i RE DFPARTMEiYT At.tr�: Chief F3ob Ald�:�i.ch Fr.�.dley, Minneso�a Dear• Ghief Aiar��r►; 12A r r � r t a�� w w•••• w � R�' M t i i�� t�� i* 1� R t* F A X T ii A N 6 M 1 T T A L M E M O T0: �-� G'�''� NO.OF OEPT: �l21 D LE1� FAX !I►: 612 d"71 • 29 PAQES FROM' 1'►'1 EL PHONE 3'�'Y3 � �p'a„�so n�,�d�J FAK M:�Ye��632 -L9.�g p��.g''br�nA 12x tr;tncmiva� cnemo 7E7`. This 1 Etter- wi i 1 cor_f irm out teleFhone cor�vers�,t.ion nf. today regaYda.ng the additi�n �f th? hydraulic Iaud�r rac:1: t.o our Quotatxon # 90u3-OE. We mistai�er:ly assumed that the hydr.aulic laddFr ra�.:k you r�quested would be the type wher.e t.h� ladders stare in a hc�z�izontal pos7�tion ot►er tt,e hose bEd. Since th�; ladders would i�it tl�,w 1,ower witt�i tiiis a r. t ang�R��nt , w� sai c? thF i ad��c�r rack w�s not atJai I abi e. 5ince the ladders wil i he s}ored in a vertical gosil;ic�n next. to the body side, we can furnish t-he hydraulic rack. ThP added cost for this ra�.:k so i.t. operates like the one �.n l:he �ir.tures wiJl be S4,SGG.00. P�ir� c�eliverec� become� 5207,88�.00. If the�e is anythin�� e].sP we caula �v to assi.�t. you or your de�artment, let us know. BOARLMAN FJRE APPARATtiS by TBC Fabrica�i.on Inc. . `J rT Melvi.n L. Lomax Fire Appazat.us 5al�es Mar�ager. T.B.C. FABRICATiON,1NC. 4�-�-��+ ib01 S.W 11th St P.O. 8ox 26068 Qk�ahome CRy� OK �� 24 Fbur FAX No. 405-632-69a8 �1 .� � � � � W C> �1 �' � ! ,\_ O � .� . � � N J � �c o, lJJ o a� m 11� � O 0 � � � 0 ��a�°'�2 � � � _ °o O � � � � � ^ m � U � � � a e Q � � O � � � �� o� 0 0 � � � O � o" pr a � � � � � �, a � �� c� v \ �� 0 �� a � ;; � � � � � � � �.. � � � �� 0 0 `� ° c� D . o � � v� \ � � � � � . � � � O ° � .� 'v � o C� -J G� � L; � � � � � � �. � � nj � �� L7 ; J � � � � �i _ �� ' � �� o�� ' � `� � � � 3� � o � � �� , � � �� 0 0 � � �S .,4. v v ") \ � � � �, G� � '�`' � � � G � .� � \c � \ � �, � y o `� l� � �� \. � -� � �. � C� �� v � `.r J � .� `�) �� a � � � v �� v � � 12B � � O �� , � � .� Q � 1 ::::}:;: :`: �� w �`' � . > Q �Q � � W ;>:»� :<:?»>: � ` \ '� � �� >: � � � � W' +Qs � � m.`�.� � � � ?i=:<;:w<:>�; � �LI � J Z � . � � ;�� w� L� � ° `:`: � �,; w �� Q : , o �� +o � ` -� ; a:: t°: � � °' Q <::::>::::`i-�: <:�; G � OC ? <:>::::>:::a::<:a G a �tJ ::::':<'::: <C::>:J: p o a : :::::a ��.� � � m t� o .;: � � ��C�� o � Z ^ Z � � � a Z O � ��W�Z �:.o � � ��=o m°°; �; � 0 � � O OUC N ::>�»>:::<>::><::::::;: ,�'n,r'' �� . � ^ m Q r` ; � � U i � �' j � Q <:<::`:;'o J � , :m:; 0. � ° v �\ Q ><:::;>:::::: � �' � `'� . � :::::::: � � � � � :::;:::: � 0 o � � , � �� 0 � Y� ::::::::;:�c � :::::::o � ::.<::o. ;<:::;Z: :»>? W ; - � � >.;: � � � ,:::; �l � J 2C Engineer+ng Sewer Waler Park� S�reets Maintenance MEMORQNDUM `3' TO: William W. Burns, City Manager�� PW90-148 FROM: John G. F1ora,�Public Works Director DATE: April 6, 1990 SIIBJECT: HNTB Engineering Contract - Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 We received a letter contract from HNTB for the inspection of the construction of the 1.5 MG elevated water reservoir. This project was designed by HNTB for $39,000.00 out of the funds provided by Target Corporation. This letter agreement addresses the inspection of construction and is for a not to exceed amount of $52,686.40. Working with the City Attorney, we have incorporated a change order overrun statement which provides for cost-sharing of any error or omission items which exceed $5,000.00 singularly or collectively. In order to insure that the elevated tank is constructed according to the plans and specifications and the American Waterworks criteria, I would recommend the Council award the contract to HNTB for the inspection of the tank at $52,686.40. In our revised 1990 5-Year Capital Improvement Program, we identified an amount of $57,000.00 for this work. JGF/ts 13 � Fnyineering Sewei Wr�er Parks Streets Mainten�nce MEMORANDUM �` �� TO: William W. Burns, City Manager,�,��' PW90-lii � FROM: John G. Flora,� Public Works Director DATE: SIIBJECT: April 6, 1990 Highway 65/53rd Avenue Improvements Last November, we received the preliminary plans from MnDOT proposing the widening of Highway 65 between 52nd Avenue and I-694. This project would include additional turning lanes westbound onto 53rd Avenue and eastbound on the I-694 ramp. I discussed this issue with the Council on November 13 regarding the placement af red brick within the intersection medians consistent with the City intersection plans. They concurred with this concept. I have since coordinated with Columbia Heights regarding their participation in funding the red brick within the Columbia Heights boundaries of the intersection and received their concurrence. Recommend the City Council approve the installation of red brick within the medians at the intersection of Highway 65 and 53rd Avenue in the MnDOT project. Funds for this work can be absorbed within the Street Utility Fund. JGF/ts 14 t�DL�E.Y � _ crnr oF FRlDLEY 14A FRIDLEY �1UNICiPAL CENTER • 6-331 U1IVERSITY ,�VE. N.E. FRIDLEY, Mt� SSa3? •(613) 571-3�50 • FAX �61 �� 57 �-� ��7 November 21, 1989 Mr. Rick Dalton MnDOT - District 5 2055 N. Lilac Drive Golden Valley, MN 55422 SUBJECT: ST 0207-52 (T.H. 65) Dear Mr. Dalton: PW89-242 I have reviewed your letter of October 26, 1989, regarding the improvements for ramp access and signals on T.H. 65 between 52nd Avenue and the eastbound ramp to T-694 with the City Council. We would support this project as proposed but recommend that the followi�g be incorporated into the design of the project plans and specifications. The narrow medians on all four legs of the intersection at 53rd Avenue and T.H. 65 should be constructed with interlocking red brick as has been identified as a City standard and was incorporated at the intersection of I-694 and the north side of East River Road (CSAH No. 1). It is felt that as this intersection serves as�the major entrance into the City of Fridley, it should incorporate the red brick medians in the narrow sections of the noses and appropriate mounded landscaped areas in those wider sections of the median. The attached drawing highlights those sections of the medians that shouZd be considered for red brick. As these plans are prepared, please submit the appropriate agreement with cost estimates for formal acceptance by the City Council. Mr. Rick Dalton MnDOT - District 5 Page Two - PW89-243 November 21, 1989 If you have any questions regarding this request, please feel free to contact me at 572-3550. Sincerely yours, -�tc� ohn G. Flora Director of Public Works JGF/ts Enclosures 1 14B � Z .. . . ;� � N . � Q N g ' r v � Y . '' , y� Vf V1 , a � , ' oaiu . :� �;:�14C�:� , . . , Y • � • ' � ... . � ' � � . . � . , (D �• •� �m � 1 N �• '• .Z � � . '. .' . p 1 . .� � � �• ' X • '. . � W . . . • .. . • . .. . . . . . � _� . . •. � W • . , , Q � ' '. . � . • •� 5 i ' .. �S . W " O , � . • . � r , . IA y~j' N • �• � � � O O ' a l._ . Z '. . �.: .� . � � z a •: z : :. .... _ � `__J . ' a � . ' • • . . . � • • • J �• - � .�� „ .........s� .. ___. •:::. • ..� ............ _ �•se . �3�N 3f1N3nd Oa g �� . . . . � . . . , � . ...... . . . .•.•. � � :•:•: .•: : . . . . . ... . . . . . : ' . . ' • . • . • , , ' ,o . ' • • . " . .�. • ' • � ' ' . . .� .. K . •. .. • . • � �--- --- . . ' � Z • � . F`-� �. d .� a. o • � d J u . . . • . • . � Q , .. . o ::►'. : . ' . . ,• m :4 • ��. . y�, � .Q U'' . . .. . � . N �W , '. N � _ � �v .q z • Y � Z � �? � � d . ' . � J . Q �� . � �' �� • ' � � r • ' • r- m � � ' � � � �~ _ sW _ N � `-il� : . i. .'. .� J � .�. I J � : :� N ZV ': :•�Ir T r ��• I .• • .. I : I .I '•' I ;:: :: I . �. : : � . .� .� �. � � . .� �� . �' . � � I � . ' • ... • , ' H . �� h � 1 � � � ' • _ • ..j. , ..,..�. I . Q � o� d. � Z � a . i � �� i= • � �. _ =� :' � .I �� . -.' .� , <i �•� I� ' � • ,. I I �p . � . � ' � . .. iI i . . , ,i _�! �� '. i = `° . ! � , p,�t 3 � . . . . . . � . � 'J " O . � . .Z �o , N . . � i� � . . . J: . I � � z �o J � . ! � �. . i� �� . '� . Mayor lidward M. Carlson Cou ncilmem bers Garv L. Pcrerson Scan T. Clerkin Bruce G. NaHrocki City Manager Rubcrt S. Bo�w'inski Nlarch 5, 1990 CTTY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 788-9221 Mr. John Flora Director of Public Works City of Fridley 5�31 University Ave. Fridley, NN 55432 RE ; MnDCyT Upgrac�e - Highway 65 at 53rd Avenue Dear John: 14D The Coltunbia Heights City Council fornially approved the median i�rovement, ir.cluding.the interlocking red brick, at the intersection of 53rd Avenue and Highvray 65 at �ts regular meeting on February 26, 1990. Sincerely, , � � �.�. � -+ 7 � � �-+ � ...�r-., ! . - - ,. Fredrick'V. Salsbury �\�� ' DirecLor of Public Works/City Engine2r FVS:jb 90-139 "SERVICE IS OUR BUSINESS" EQUAL OPPORTIJNITY EMPLOYER E�,9��,e��y Is�W�� iWater Perks IStreets IMaintenance � MEMORANDUM � �h-- TO: William W. Burns, City Manager�'�; PW90-124 FROM: John G. F1ora,�Public Works Director DATE: March 26, 1990 SIIBJECT: Parking Along East River Road The Anoka County Highway Department has received a request to install no parking signs on East River Road from the southern City limits up to CSAH No. 2 the bridge access to Main Street. The purpose of the no parking signs is to reduce the traffic congestion caused by cars parking on the highway as a result of Auto Auctions operations. Staff has reviewed the request and concurred with the recommendation by the County. Recommend the City Council receive this request and authorize the staff to inform the County of their concurrence with the placement of "No Parking" signs on East River Road from the south County line at 37th Avenue to its intersection with CSAH No. 2. JGF/ts 15 • �. � �P �O` P �� . 4� �♦ '�'MES� March 15, 1990 15A COUNTY OF ANOKA Depanment of Highways Paul K. Ruud, Highway Engineer 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520 City of FridleY 6431 University Avenue NE Fridley, MN. 55432 Attention: John Flora, Director of Public Works Subject: Parking along East River Road Dear Mr. Flora: �-� We have again, received a request that No Parking ings be installed on East River Road (CSAH #1) from the south county line at 37th�venue, to its intersection with CSAH #2. The request for the restricted parking arises, again, out of the expansion and continued operation of the Fridley Auto Auction. This matter was discussed a year ago, and at that time you indicated concurrence in the request to install the No Parking signs. The si�ns were not installed because of changes in the Auto Auction's operation. They mdicated to us at that time that they were purchasing additional land and that they would be providing off street parking which would make the installation of the signs unnecessary. At this time, it appears that the additional land was purchased but that the operation has expanded to use that space and we a�ain have the cars parking along our county highway. If you still concur with the installation of No Parking signs along this segment of CSAH # 1, we would appreciate indication of that concurrence by letter. Should you have any questions or comments concerning this matter, we wc�uld be pleased to discuss them with you. Very ly yours, LLLt'`2� ' Paul K. Ruud, PE County Engineer xc: Commissioner Jim Kordiak dmh/FRDLY Affirmative Action / Equai Opportunity Employer > ; � �_ � .\ a � tnN �(�YM CENTER _. NNEAPOLIS ,. � , , , __ _ '� , \\\ �l � � � �•� ,J � C� \ ..< <.... J�' • ': a ��.; � � �. `� � . . " �iC°� � � , 9 .. �� . I ��' �� ' �': �\ �'L\ ' C,! ;,� , � G,a.�r ` ,;�;�%� � ..,> � �J ��;'Jt��C' � � �� • � � '7'�f..�7 ^G" , , � E�, �„� .� � G . � � ., �� '��c � � �.�, w , �'1 y E' � � � f';� �� •.T� Nu �' c► � �► yi . ��'� �� ;�� N � � �L1 R d �� • i r �„�� a 1 � �` !`� ,j C' ,:1 C t' n� �' �� C ��: � � � � � � C'�., C.'' F?s f,1 �"'f,�; i - � 4 O � ��A� r� c� � " r' .� c,��,,� .:� �,�, `� r', �'`j . �, t•' �3 �.'� �, � � �i� � t� ('� � - � �n, � ['+s J . � � � i'?� P n C'1 ('1 �� . !* �, r'; �: ^.(� •� � ri � � � � +i.� � .,..., � � . �,'' : � �� , � r. � www �:+,:V �..�u.4 n�. _ ` ' I ..N... I C �� n.. �F r ll �.�.� �� MM MINNEAPOLIS � STRE Able SL. N ALden Circ u�n � Altura Roe Arvis Awe. Arwka St. �x � Arcn�c st. A�ton Ikre Baoon Driv Haker Ave. 8aker St. Balcer St. Pallet Blv Peech St. Bellaire N �� Ben More [ eennecc D� Berre Faoa� Bohnhof Ji B[erne[ E� 8riardale Bziardale 8rigadoon Bridgeti.at, Broed Ave Brookview BucAanen Buffalo S � 17 � FOR CONCURRENCE BY THE CITY COUNCIL LICEN8E8 �j�y Apri 1 9, 1990 Type of License: Bv: A��roved By: Fees: BILLIARDS American Legion Post 303 CDL Co. James P.Hill $40.00 7365 Central Ave. N.E. Public Safety Director Fridley, Mn. 55432 George's Restaurant Am.Amusement Arcades " ' " " $130.01 3710 E. River Rd. Fridley, Mn. 55421 University Billiards Am.Amusement Arcades " " " $112.0� 7178 University Ave. N.E. � Fridley, Mn. 55432 V.F.W. Post 363 Ton Saba " " " $40.00 1040 Osborne Rd. N.E. Fridley,Mn. 55432 CARNIVAL Fr�dley 49er's Inc. Scott Lund " " " Exempt P.O. Box 32549 Fridley, Mn. 55432 CIGARETTE American Legion Post 303 CDL Co. " " " $12.00 7365 Central Ave. N.E. Fridley, Mn. 55432 Fridley Warehouse Annex Am. Amusement Arcades " " " $12.00 6289 Highway 65 M.E. Fridley, Mn. 55432 Ground Round Theisen Vending Co. " " " $12.00 5277 Central Ave. N.E. Fridley, Mn. 55432 Kurt Mfg. ARA Service " " " $24.00 5280 Main St. N.E. Fridley, Mn. 55432 Liquor Warehouse Am.Amusement Arcades " " " $12.0 214 Mississippi St. N.E. Fridley, Mn. 55432 Shorewood Inn Am Amusement Arcades " " " $24.0 6161 Hwy. #65 N.E. Fridiey, Mn. 55432 ��( FOR CONCURRENCE BY THE CITY C�OUNCIL !_J �j�y Apri 1 9, 1990 CIGARETTE CONT. LICBNSEB 17A Pa4e 2 Sinclair Retail #22005 Sinclair Mkt.Co. James P. Hil] 6290 Hwy.65 N.E. Public Safety Director� Fridley, Mn. 55432 Target Dist.Center Twin City Vending " " " 7120 H4�y. 65 N.E. , Fridley, Mn. 55432 Target Northern Operations Consumer Vending " " 6499 University Ave. N.E. . Fridley, Mn. 55432 . Total Petroleum Douglas Mast " 5300 Central Ave. N.E. Fridley, Mn. 55432 Total Petroleum Douglas Mast " 6I01 Univesity Ave. N.E. � Fridley, Mn. 55432 University Billiards Am. Amusement Arcades " 7178 University Ave. N.E. Fridley, Mn. 55432 University Sinclair Michael R. Johnson " 6071 University Ave.N.E. Fridley, Mn. 55432 Viking Chevrolet Co. Mark J. Dooley " 7501 Hwy. 65 N.E. Fr�dley,Mn. 55432 Wholesale Club #10 Same " 8150 University Ave.N.E. Fridley, Mn. 55432 ENTERTAINMENT American Legion Post 3Q3 Shaddrick & Labeau " 7365 Central Ave.N.E. Fridley, Mn. 55432 V.F.W. Post 363 Rob Saba " 1040 Osborne Rd. N.E. Fridley, Mn. 55432 FOOD ESTABLISHMENT American Legion Post 303 Shaddrick & Labeau 7365 Central Ave. N.E. � � „ „ �� $12.00 $12.00 $12.00 $12.00 $22.00 $12.00 " �12.00 " $12.00 " $12.00 " $85.00 " $85.00 $45.00 FOR CONCURRENCE BY THE CITY COUNCIL �RipI:EY Apri 1 9, 1990 FOOD ESTABLISHMENT CONT. Burger King D& A Partnership 6410 University Ave. N.E. Fri.dley,Mn. 55432 De1ta Vietmanese Rest. Lyn Lee 7928 C University Ave. N.E. Fridiey, Mn. 55432 Domino's Pizza Wm. B. Graves 7928 University Ave. N.E. Fri dl ey, P1n. 55432 . Fridley Convalesent Home Healthone,Inc. 7590 Lyric Lane �ridley, Mn. 55432 Fridley High School Pat Rue 6000 W. Moore Lk.Dr. Fridley, Mn. 55432 Fridley Middle School Pat Rue 6100 W. Moore Lk.Dr. Fridley, Mn. 55432 Godfather Pizza Same 7910 University Ave. N.E. Fridley, Mn. 55432 Hayes Elem School Pat Rue 615 Mississippi St. N.E. Fridley, Mn. 55432 Hong Kong Kitchen Kan-Ha_kwan 242 Mississippi St.N.E. Fridley,Mn. 55432 Oid Conutry Buffett Same 6540 University Ave. N.E. Fridley, Mn. 55432 Ron's Ice House R.L. Holum 7953 Main St.P�.E. Fridley, Mn. 55432 Sears Outlet Robt. Bushey 1000 E. Moore Lk.Dr. N.E. Fr�dley, Mn. 55432 Sinclair Retail #22005 Same 6290 Hwy. 65 N.E. FricllPy. Mn. 55432 LICSN8E8 17B $45.00 $45.00 $45.00 $45.00 Exempt Exempt $45.00 Exempt $45.00 $45.00 $45.Q0 $45.00 $45.0 FOR CONCURRENCE BY THE CITY COUNCZL LZCENSEB 1 7C r FOOQ ESTASLISHMENT CONT. Stevenson Elem. School Pat Rue 6080 E. River Rd. Fridley, Mn. 55432 Tota1 Petroleum #2669 DougTas Mast 5300 Central Ave. N.E. Fridiey,Mn. 55432 Total Petroleum #2678 Douglas Mast 6101 University Ave.N.E. Fridley,Mn. 55432 . Totino-Grace High School Same 1350 Gardena Ave. N.E. Fridley,Mn. 55432 University Sinclair Michael R. Johnson 6071 University Ave. N.E. Frid)ey,Mn. 55432 V.F.W. Post 363 Ron Saba 1040 Osborne Rd. N.E. Fridley, Mn. 55432 Wholesale Club Same 8150 University Ave.N.E. Fridley, Mn. 55432 Woodcrest Bapt�st Academy Clarke S. Poorman 6875 University Ave.N.E. Fridley, Mn. 55432 Woodcrest School Dist. #,16 Gary G. Erickson 880 Osborne Rd. N.E. Fridley, Mn. 55432 FQOD VEHICLE Fabian Seafood Co.#1 5311 University Ave. N.E Fridley, Mn. 55432 Paddy �tagon Concessions City Parks Fridley,Mn. 55432 Ron's Ice House 7953 Main St. N.E. Fridley,Mn. 55432 Daniel J. Fabian Lowe11 G. Demars R.L. Holum Exempt $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 Exempt Exempt $50.00 $50.00 $75.00 FOR COI�iCURRENCE BY THE CZTY COUNCIL �ril 9, 1990 LIVESTOCK Theresa Lynn Loycano 579 Nugo St. N.E. Fridley, Mn. 55432 Myron F. Nadala 635 Glencoe St. N.E. Fridley, Mn. 55432 OFF SALE BEER SuperAmerica #4175 Bir.ch Bru, Inc. 5667 University Ave. N.E.. Fridley, Mn. 55432 SuperAmerica #4199 " " 7299 Highway 65 N.E. Fridley, Mn. 55432 SuperAmerica #4207 " " 7449 E. River Rd. Fridley, Mn. 55432 ON SALE BEER Godfather's Pizza #24501 Same 7910 University Ave. N.E. Fridley, Mn. 55432 University Station Rest. Ardys J. Smith 7610 University Ave. N.E. Fridley, Mn. 55432 PRIVATE GAS PUMP Determan Welding & James R. Determan Tank Service 1241 - 72nd Ave. N.E. Fridley, Mn. 55432 Park Const. Co. Richard E. Engebretson " 7900 Beech St. N.E. Fridley, Mn. 55432 REFUSE HAULER Vasko Rubbish RemovaT Roger A. Vasko 920 Atlantic St. St. Paul, Mn. 55106 L=�E�8z8 17D Page 5 James P. Hill Public Safety Director �� R.H. Larson Fire Inspector �� $10.00 $15.00 $60.00 $60.00 $60.00 " $325.00 " $325.00 $30.00 $30.00 $75.00 �� FOR CONCURRENCE SY TiiE CITY COUNCIL l..J �j�,�EY Apri 1 9, 1990 _ REFUSE HAULER CONT. PretzeT's Sanitation Inc. Lawrence Plessel 15323 Ramsey Blvd. N.W. Anoka, Mn. 55303 Johnson Sanitation Leroy A. Johnson Jr. 125 Bunker Lk.Blvd. N.W. , Fridley, Mn. 55432 Expert Disposal Inc. Roy C. Burt 3I31 Sibley Memorial Hwy. Egan, Mn. 55121 . Browning Ferris/ Industries of Mn.Inc. Jeff Schutt 9813 Flying Cloud Dr. Eden Prairie, P1n. 55347 RETAIL GASOLINE LICENSEB Paqe 6 Riverside Auto Wash, Inc. P. Olehefske Richard Larson 6520 E. River Rd. Fire Inspector Fridley, Mn. 55432 Sinclair Retail #22005 Same " " 6290 Hwy. 65 N.E. Frildey, Mn. 55432 Total Petroleum #2669 Douglas Mast " 5300 Central Ave. P�.E. Fridley, Mn. 5542I Total Petroleum #2678 Douglas Mast " 610I University Ave. N.E. Fridley,Mn. 55432 University Sinclair Michael R. Johnson " 6071 University Ave.N.E. Fridley, Mn. 55432 SUNDAY LIQUOR m m m Fridley V.F.W. Post 363 Same James P. Hill 1040 Osborne Rd. N.E. Public Safety Director Fridley, Mn. 55432 Fridley American Legion �ame " Post 303 7365 Central Ave. N.E. Fridley, Mn. 55432 �� 7E $90.00 $75.00 $75.00 $135.00 $60.00 $60.00 $60.00 $60.00 $60.00 $200.0( $200.0(