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04/06/1992 - 00005431' � � 30 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 6, 1992: The Regular Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and the audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billinqs, Councilman Schneider, and Councilman Fitzpatrick MEMBERS ABSENT: None PRESENTATION OF AWARD: MARIJA NETZ FOR SERVICE ON THE HUMAN RESOURCES COMMISSION: Mayor Nee read and presented on the behalf of the City Council a certificate of appreciation to Marija Netz for her service on the Human Resources Commission from November 1989 to April 1992. PRESENTATION OF PROCLAMATION: FAIR HOUSING MONTH - APRIL 1992 Mayor Nee read and issued a proclamation proclaiming the month of April 1992 Fair Housing Month. Mr. Don Weeding, 7153 Riverview Terrace, accepted the proclamation on behalf of the Anoka County Association of Realtors and thanked the Council for joining them in proclaiming April 1992 Fair Housing Month. APPROVAL OF MINUTES: COUNCIL MEETING. MARCH 16. 1992: MOTION by Councilman Schneider to approve minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SPECIAL COUNCIL MEETING. MARCH 30, 1992: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � ' 31 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 2 ADOPTION OF AGENDA: MoTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 1. WITHDRAWAL OF WAL-MART LAND USE REQUESTS: A. PUBLIC HEARING ON PLAT, P.S. #91-03, BY BRW, INC., FOR LEONARD VANASSE OF MAR-LEN DEVELOPMENT TO REPLAT PARCEL 6(LOT 2, BLOCK 1, MAR-LEN ADDITIONS INTO LOT 1, BLOCK 1, MAR-LEN 2ND ADDITION, AND OUTLOT A, WAL-MART ADDITION, GENERALLY LOCATED AT 8200 MAIN STREET N.E. �TABLED FEBRUARY 24, 1992� B. PUBLIC HEARING ON PLAT. P.S. #91-04. BY BRW. INC.. FOR WEMBLEY INVESTMENT COMPANY, TO REPLAT AN AREA (PARCELS 1-5) INTO LOT 1, BLOCK 1, WAL-MART ADDITION, GENERALLY LOCATED AT 8200 UNIVERSITY AVENUE N.E. {TABLED FEBRUARY 24, 1992) C. PUBLIC HEARING ON REZONING, ZOA #91-04, BY BRW, INC., FOR JOSEPH MAERTENS, TO REZONE LOT 3, BLOCK 2. CABA REALTY FIRST ADDITION, FROM M-2, HEAVY INDUSTRIAL, TO C-3, GENERAL SHOPPING CENTER. AND TO REZONE LOT 2, BLOCK 2, CABA REALTY FIRST ADDITION, FROM C-2, GENERAL BUSINESS, TO C-3, GENERAL SHOPPING CENTER, TO ALLOW FOR CONSISTENT ZONING FOR A PROPOSED WAL-MART SHOPPING CENTER, GENERALLY LOCATED SOUTH OF 83RD AVENUE AND WEST OF UNIVERSITY AVENUE (TABLED FEBRUARY 24, 1992� Ms. Dacy stated that Wal-Mart's representative, Dale Beckman of BRW, Inc., is withdrawing the rezoning application, plat application, and special use permit application for the garden center. Wal-Mart originally proposed a 120,000 square foot Wal- Mart store; however, they are withdrawing those plans at this time. In place of the original plans, Wal-Mart has indicated that they will be adding a 30,000 square foot addition to the existing Sam's Club. The Council will see those applications probably in May. MOTION by Councilman Billings to withdraw the Wal-Mart land use requests at the petitioner's request. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � 32 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 3 OLD BUSINESS: 2. SPECIAL USE PERMIT. SP #91-10. BY TIMOTHY HUTCHISON, TO ALLOW CONSTRUCTION IN THE CRP-2 (FLOOD FRINGE), GENERALLY LOCATED AT 8021 RIVERVIEW TERRACE N.E. (TABLED MARCH 16, 19921 Ms. Dacy stated the petitioner has requested that this item be tabled. The petitionar has raquested that this item be brought back to the Council in July 1992. MOTION by Councilman Fitzpatrick to table Special Use Permit, SP #91-10, at the request of the petitioner. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO. 988 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 402, ENTITLED "WATER AND SEWER ADMINISTRATION", SECTION 402.10, METER READING AND PAYMENT FOR SERVICES: Mr. Pribyl stated that this ordinance change would actually increase the penalties associated with not submitting a meter reading on the second consecutive quarter. This change would be from the current $5.00 to $10.00, and on all subsequent quarters, if the meter is not read and submitted, there would be an associated penalty of $15.00. MoTION by Councilman Schneider to waive the reading and adopt Ordinance No. 988 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. NEW BU5INESS• 4. RESOLUTION NO. 30-1992 AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE COMMERCIAL DEVELOPMENT REFUNDING REVENUE BONDS FOR COLUMBIA PARK PROPERTIES: Mr. Pribyl stated that this resolution will authorize $3,105,000 in revenue bonds. These revenue bonds were issued for the purpose of refunding a similar issue that was done in 1982. Columbia Park Properties has requested the issuance of these bonds and will be providing the appropriate administrative fee. They will also be entering into an escrow agreement at the time of closing. The lengthy title on this resolution actually acts as a summary of the content of the resolution. Mr. Pribyl stated that a representative from Holmes & Graven, the City's Bond Counsel, is in the audience if the Council has any questions. MOTION by Councilwoman Jorgenson to adopt Resolution No. 30-1992. Seconded by Councilman Billings. Upon a voice vote, Councilman � LJ ' 33 FRIDLEY CITY COUNCIL MEETING OF APRIL 6. 1992 PAGE 4 Schneider voting nay, Mayor Nee declared the motion carried by a vote of 4-1. 5. RESOLUTION NO. 31-1992 IN SIIPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO THE MINNESOTA BASS FEDERATION (THORNE BROTHERS SPORTING GOODS): Mr. Pribyl stated that this organization does qualify for this type of exemption. The organization operates out of the Thorne Brothers Sporting Goods store. Councilwoman Jorgenson stated that she believed the raffle is for a boat, and raffle tickets for the boat were being sold in the Holiday Plus parking lot on Sunday, April 5. How can they be selling these raffle tickets before Council approval? She stated that these organizations need to be informed of how the law works. Mr. Pribyl stated that he was not aware of this and did not know if the Director of Public Safety was either. He stated that this organization has also requested that the fee be waived. MOTION by Councilman Schneider to adopt Resolution No. 31-1992. Seconded by Councilman Fitzpatrick. Councilman Billings stated that because of the request by the organization that the fee be waived and the fact that they were selling raffle tickets before Council approval, he would make a motion to table this item. MOTION by Councilman Billings to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, Mayor Nee and Councilman Schneider voting nay, Mayor Nee declared the motion carried by a vote of 3-2. 6. RECEIVE PETITION FOR ALGAE AND WEED TREATMENT ON HARRIS POND: MOTION by Councilman Schneider to receive the petition. Seconded by Councilwoman Jorgenson. Mr. Flora stated that the City has received a petition from the Harris Pond property owners requesting that the City treat the algae and remove the weeds. They are requesting that the cost not exceed $2,500 and that the Harris Pond homeowners will be assessed 50 percent of that cost. Mr. Flora stated that in reviewing the petition, it was noted that two of the property owners are not signers. One property owner is on vacation so he did not know if this person would have signed or not, and it appears that one other property owner did not sign. 34 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 5 � Mr. Flora stated staff recommends that the City treat the algae but review the weed issue to determine the costs and whether or not a weed harvesting program would be effective. Councilman Schneider stated that he believed this action is consistent with the City's proposed storm drainage policy, and he is comfortable with allowing staff to treat the algae and review the weed situation. Councilman Schneider stated he had one concern and that was whether the 50 percent cost was to be assessed equally among all the homeowners on the lake or just those who signed the petition. Mr. Flora stated that the City's proposed storm drainage policy would assess the cost equally to all the homeowners, but this particular petition is not signed by all the homeowners. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider requested staff to verify who would be assessed with the petition and bring this item back at the next council meeting. � 7. RESOLUTION N0. 32-1992 APPROVING AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES, AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY FIRE DEPARTMENT FOR THE YEAR 1992: Mr. Hunt stated that this contract has been negotiated with the Fridley Firefighters and is the same in almost every respect as that granted to the City employees: l. An increase in base wages of 2.5 percent for 1992 over 1991. 2. The employer's contribution toward hospitalization, life insurance, dental insurance, etc., will be a maximum of $275.00 per month for 1992. 3. An increase in $10.00 per month in the maximum contribution of the City in accordance with the Flexible Benefit Plan, "Option B." 4. A reduction in the waiting period from twenty days to ten days for trie short term disability in the case of an injury or illness that is duty-related. Mr. Hunt stated staff recommends the adoption of this resolution. � MOTION by Councilman Billings to adopt Resolution No. 32-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. �9 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 6 � 8. RECEIVE THE MTNUTES OF THE PLANNING COMMISSION MEETING OF MARCH 25. 1992: A. ESTABLISH PUBLIC HEARING FOR APRIL 20, 1992, FOR A PRELIMINARY PLAT REOUEST, P.S. #92-01, BY FRIDLEY VFW POST #363, VFW ADDITION, TO REPLAT PROPERTY GENERALLY LOCATED AT 1040 OSBORNE ROAD N.E.' MOTION by Councilman Schneider to set the public hearing for preliminary plat, P.S. #92-01, for April 20, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH PUBLIC HEARING FOR APRIL 20, 1992, FOR A REZONING RE9UEST, ZOA #92-D1, BY FRIDLEY VFW POST #363. TO REZONE PROPERTY GENERALLY LOCATED AT 1040 OSBORNE ROAD N.E.: MOTION by Councilman Schneider to set the public hearing for rezoning request, ZoA #92-01, for April 20, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. SPECIAL USE PERMIT, SP #92-01, BY WALTER KLUS, PER SECTION 205.13.01.C.(71 OF THE FRIDLEY CITY CODE, TO ALLOW MOTOR � VEHICLE FUEL AND OIL DISPENSING SERVICE AS AN ACCESSORY USE TO A CONVENIENCE STORE. GENERALLY LOCATED AT 7883-7899 EAST RIVER ROAD N.E. fRIVERBOAT SHOPPING CENTERI: Ms. Dacy stated that the property is located at the northeast corner of 79th Way and East River Road. The property is zoned C-1, Local Business, and is surrounded on all sides by R-3, General Multiple Family Dwelling. The petitioner is requesting a special use permit in order to construct two gasoline pumps and a canopy in the existing shopping center. The petitioner is also requesting variances in two looations for parking lot encroachments. Ms. Dacy stated that staff reviewed three plans with the petitioner, and the plan being presented is the best plan in terms of on-site traffic management. The pumps are located just southwest of the entrance off of 79th way. Ms. Dacy stated that when the building was originally constructed, a stipulation of that construction was that the entrance from the south of the property be a one-way in only. There was a one-way sign on the property at one time; but, according to the petitioner, that sign has been down for some time. Ms. Dacy stated that the parcel is well located at a signalized intersection, 79th Way is not a heavily traveled street, and a dead � end is at the railroad tracks to the east. 36 FRIDLEY CITY COUNCIL MEETIHG OF APRIL 6. 1442 PAGE 7 � Ms. Dacy stated that staff is recommending denial of the special use permit and variance requests based on the fact that the addition of the pumps changes the site plan and the property is short parking spaces. The site has 32 parking spaces and if the variances are granted, the number required would be 34 with the existing mixture of uses. At the Appeals Commission and Planning Commission meetings, the petitioner presented evidence that he has negotiated a shared parking easement with the owner of Meadow Run Apartments to the south for a minimum of four and possibly up to ten spaces. So, looking at a minimum of four spaces on the adjacent property, the petitioner has submitted that he will have 34 parking spaces or two over the required number if the existing mixture of uses is maintained. Ms. Dacy stated that one of staff's concerns is that if the uses all went to retail, it would dictate a higher parking space requirement. However, in that case if the variances were granted with the shared parking arrangement, the petitioner can meet that requirement. If the variances are not granted, the petitioner can construct two additional parking spaces, and, with the four leased spaces, could meet the parking requirements for the existing mixture of uses. However, if the uses go to all retail, the petitioner would be short two parking spaces. � Ms. Dacy stated that the Planning Commission recommended approval of the special use permit subject to five stipulations. The Planning Commission believed the parking and traffic problems would be localized on site and would not affect the adjacent roadways. They also saw this application as an opportunity to improve the appearance of the site. Ms. Dacy stated that the five stipulations are as follows: 1. The variance request, VAR #92-02, shall be approved. 2. A signage plan showing the placement and type of directional signage shall be submitted prior to building permit application. 3. The landscape plan, to include underground irrigation, shall be approved by staff prior to issuance of a building permit. Installation of the landscaping shall be completed by November l, 1992. 4. A performance bond in the amount of 3 percent of the improvement cost shall be submitted prior to the issuance of a building permit. 5. The petitioner shall provide a copy of the executed lease � agreement to the City prior to issuance of a building permit. � � ' 37 FRIDLEY CITY COUNCIL MEETING OF APRIL 6. 1442 PAGE 8 Councilwoman Jorgenson stated that she has visited the site. It seems like it is going to be rather tight for the maneuverability of cars around the pump island. Did the petitioner look at putting the pumps in an east/west direction instead of north/south direction? Mr. Walter Klus stated that he had an architect draw up the plans. They put together three different plans, and the proposed plan is the one that works the best for the site. He agreed that this is a tight spot, but they feel the proposed plan is the best plan for the site. They believe the proposed plan will not cause any undue problems on the site. Mr. Klus stated that regarding the signage that was up at the south entrance, they have had difficulty in keeping it there, but they will reinstall it to discourage traffic £rom exiting there. He stated that the driveway opening along 79th Way is not a maximum driveway width. They decided to keep it smaller to help control the traffic. They were trying to position the pumps parallel (north/south) with East River Road so there would not be any lights shining across the street into the residential neighborhood or interfering with the traffic at the intersection of East River Road and 79th Way. Ms. Dacy stated that another factor is that there are only �wo pumps. If there were more pumps, there would be an even greater problem. MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #92-01, with the following stipulations: (1) The variance request, VAR #92-02, shall be approved; (2) A signage plan showing the placement and type of directional signage shall be submitted prior to building permit application; (3) The landscape plan, to include underground irrigation, shall be approved by staff prior to issuance of a building permit. Installation of the landscaping shall be completed by November 1, 1992; (4) A performance bond in the amount o£ 3% of the improvement cost shall be submitted prior to the issuance of a building permit; (5) The petitioner shall provide a copy of the executed lease agreement to the City prior to issuance of a building permit. Seconded by Councilman 5chneider. Councilman Sillings stated that on Page 4-H of the agenda, the property owner of the property to the south indicated that they would enter into a lease agreement for four spaces. Is that the total spaces needed, or does the lease provide for more? Ms. Dacy stated it was her understanding that the lease agreement is for up to ten spaces. Mr. Klus stated that he has a lease agreement with Jim Lupient, who owns the adjacent Meadow Run Apartments, for four parking spaces. 38 FRIDLEY CITY COUNCIL MEETING OF APRIL 6. 1992 PAGE 4 1 As there is the demand, there is the opportunity to lease up to ten spaces. Four is the critical number now, and he did not envision that he will need ten spaces at any time. These spaces will be designated for employee parking only. Mr. Lupient is out of town right now, and he will finalize the lease agreement when Mr. Lupient returns. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MARCH 17, 1992• A. VARIANCE REQUEST. VAR #92-02, BY WALTER KLUS, TO REDUCE THE HARD 5URFACE SETBACK FROM 20 FEET TO 17 FEET AND 20 FEET TO 14 FEET, TO ALLOW THE CONSTRUCTION OF A GASOLINE PUMP ISLAND, GENERALLY LOCATED AT 7899 EAST RIVER ROAD N.E. Ms. Dacy stated that the variance request is in two parts: (1) to acknowledge an existing encroachment from the parking area on the north side of the property from 20 feet to 17 feet; and (2) to reduce the hard surface setback from 20 feet to 14 feet to allow a 6 foot encroachment for the expansion of the parking area on the northwest portion of the site. � Ms. Dacy stated that because of the acquisition of at least four parking spaces, the petitioner withdrew a variance request for a hard surface setback from 20 feet to 6 feet on the southwest portion of the site. Ms. Dacy stated the Appeals Commission recommended approval of the variance request subject to three stipulations: 1. The variance was for the plan as amended March 17, 1992. 2. Special Use Permit, SP #92-01, shall be approved. 3. A copy of the executed lease agreement shall be submitted to the City. Ms. Dacy stated Anoka County may take the first l0 feet of the property for the expansion of East River Road; however, those plans are not finalized for this particular area. MOTION by Councilman Fitzpatrick to grant Variance Request, VAR #92-02, to reduce the hard surface setback from 20 feet to 17 feet to correct an existing encroachment and to reduce the hard surface setback from 20 feet to 14 feet, with the following stipulations: (1} The variance was for the plan as amended March 1 17, 1992; (2) Special Use Permit, SP #92-01, shall be approved; (3) A copy of the executed lease agreement shall be submitted to the City. Seconded by Councilman Schneider. � 39 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 10 Councilman Billings stated that he would like Stipulation #3 clarified to state that although the executed lease agreement provides for a minimum of four parking spaces now, there is the possibility of up to ten parking spaces as needed. MOTION by Councilman Billings to amend stipulation #3 as follows: "An executed lease agreement that provides up to ten parking spaces, shall be submitted to the City." Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Upon a voice vote, all voting aye, Mayor Nee declared the main motion carried unanimously. 10. RESOLUTION NO. 33-1992 AUTHORIZING CONSTRUCTION OF A GARAGE WITHIN A UTILITY EASEMENT (WAYNE A. JOHNSON AND MARY C. JOHNSONI: MOTION by Councilman Billings to adopt Resolution No, 33-1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION N0. 34-1992 AUTHORIZING CONSTRUCTION OF A DECK INTO A DRAINAGE EASEMENT (KENNETH P. SCHULTZ AND HOLLY M. SCHULTZI: , MOTION by Councilman Fitzpatrick to adopt Resolution No. 34-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 12. APPROVAL OF OFFER TO PURCHASE ALDEN GERSZEWSKI PROPERTY, 7885 BROAD AVENUE N.E.: MOTION by Councilman Fitzpatrick, to authorize the purchase of the Alden Gerszewski property at 7885 Broad Avenue N.E. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE PROPOSALS AND AWARD BUILDING CLEANING AND MAINTENANCE CONTRACT• MOTION by Councilwoman Jorgenson to receive the following proposals for the building cleaning and maintenance contract. Company Town & Country Stop & Smell the Roses Maintenance Experts Ives Enterprises Total Proposal $31,200 (No meetings/security) $36,000 (With windows) $36,084 $40,320 � l—I � 40 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 11 Elaine's Cleaning Brigitte 011endick Servpro $44,400 $46,500 $50,850 (No windows) Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated that the City received seven proposals for the Municipal Center and City Garage janitorial services. The 1992 budget includes $40,800 for janitorial services. The lowest proposal from Town & Country was disqualified because they would not cover the meetings as required in the contract. The next lowest proposal was from Stop and Smell the Roses at $36,000. This company also indicated they would wash the windows twice a year, which is not included in the contract. The City usually has a separate contract for the washing of windows, so this constitutes a $500 savings. Mr. Flora stated that since this is a service contract, there is a certain amount of discretion involved and the Council can decide which proposal they prefer to accept. Staff recommends the Council award the janitorial service contract to the lowest bidder, Stop and Smell the Roses, for $36,000. Councilman Schneider stated that, as far as the evening meetings, public contact is involved and the existing contractor has worked out very well. Realizing the mechanics of the evening meetings, is staff reasonably convinced that the recommended contractor could handle the job? Mr. Flora stated that staff did explain to all the companies the issue of servicing the evening meetings, providing coffee, setting up tables, etc. After the proposals were received, they had a meeting with Stop and Smell the Roses and again went over the issues. The company understands what they are supposed to do, but they will need to be trained. He stated that there is no doubt that the existing contractor is aware of the system and knows how things are to be done, but there was a substantial difference in price between the existing contractor and Stop and Smell the Roses. Councilwoman Jorgenson asked if the current contractor prepared a list of items that are done for the City on a routine basis, and was that list given to the recommended contractor? She wanted to make sure that the specifications of what the City requires to be done were equally looked at by all the companies submitting proposals. Mr. Flora stated that a list of items that have to be done were explained to Stop and Smell the Roses. 41 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 12 � Councilwoman Schneider stated that with the proposal process, normally the submittals are secret and opened at a fixed time, and a contract is awarded to the lowest submitter. With the proposal process, does the Council have the discretion to negotiate with the different contractors? Since there is a significant spread in cost between Stop and Smell the Roses and the current contractor, is it possible to talk to the existing contractor in an effort to negotiate a lower cost? Mr. Gregg Herrick stated that he did not think there was anything that prevents the City from doing that. He would suggest that the City Council throw out the proposals and request additional proposals. But, he did not believe there is anything to prevent the City from negotiating a service contract. Councilwoman Jorgenson stated that she is really concerned, because good cleaning services are hard to find. The City has been very pleased with the current contractor. Does Stop and Smell the Roses have contracts with any other commercial buildings, municipal buildings, or banks? Mr. Flora stated that Stop and Smell the Roses has contracts with the Ramsey County Library in Roseville, a food store, Landmark Estates, and a residential client. � Councilwoman Jorgenson asked how long Stop and Smell the Roses has been in the cleaning business. Did the City check with the Better Business Bureau regarding this company? Mr. Burns stated that the company has been in business for about two years. He checked references and did a background check, but he did not believe they checked with the Better Business Bureau. Councilwoman Jorgenson stated that the question comes, basically, down to whether or not the contractors were bidding on the same service. Mayor Nee asked if the current contractor put together a job description that was submitted with the requests for proposals. Mr. Flora stated that, no, the aurrent contractor did not. Mayor Nee stated that it was very hard to dismiss a contractor who is doing a good job. Councilwoman Jorgenson stated it also depends on the amount of time that the cleaning service must spend in the building. There is also a difference between surface cleaning and thorough cleaning. , Councilman Schneider asked if there was a deadline for the contract. ' , � 42 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 13 Mr. Flora stated that the existing contract expired April 1, 1992. The contractor has been working on a day-to-day basis since then. Councilman Schneider stated that if it is legal, would it be possible to talk to the existing contractor to review the criteria they based their proposal cost on and to review what Stop and Smell the Roses based their proposal cost on to see if there were any misunderstandings in the request for proposals or to see if there is any possibility of the current contractor coming closer to the lower proposal cost? He valued the fact that the Council has been very pleased, and that the current service is worth something, but not $10,000. He would like to get this resolved befora they hire a different cleaning service. Mr. Flora stated that the Council could move to table this item until staff has discussed this with the two companies. Councilwoman Jorgenson stated that she would encourage staff to get the estimated number of hours needed in cleaning the Municipal Center, so they can make a comparative analysis between the two services. Councilman Billings stated that the difference in costs between the current contractor and Stop and Smell the Roses is approximately 3o percent, and that is a substantial amount. MOTION by Councilman Schneider to table consideration of this item until the next meeting and request City staff to review the apparent discrepancies in the proposed costs with the existing contractor and propose a lower cost. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVE BIDS AND AWARD CONTRACT FOR WELL NO. 13 ELECTRTCAL MOTOR CONVERSION PROJECT NO. 230: MOTION by Councilman Schneider to receive the following bids for Well No. 13 Electrical Motor Conversion Project No. 230: Company Mark J. Traut Wells Inc. 151 - 72nd Avenue South St. Cloud, MN 56301 Killmer Electric 9702 - 85th Avenue North Maple Grove, MN 55369 Richmar Construction, Inc. 7778 Alden Way Fridley, MN 55432 Total Bid $21,24�.�0 $24,200.00 $24,630.00 I_ _ a � � �� FRIDLEY CITY COUNCIL MEET2NG OF APRIL 6, 1992 PAGE 14 Seconded by Couttcilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated that the 1992 Capital Improvement Plan identifies Well No. 13 Electrical Motor Conversion Project No. 230 to convert the existing gas powered engine to an electrical driven motor. They received twelve bids. The low bidder is Mark Traut Wells, Inc., at $21,240. Mark Traut Wells has received well contracts prior to this project and is familiar with the City of Fridley. Staff recommends that the Council receive the bids and award the contract to Mark Traut Wells, Inc., for Well No. 13 electric conversion. MOTION by Councilman Schneider to award the contract for Well No. 13 Electrical Motor Conversion Project No. 23D to Mark Traut Wells, Inc., in the amount of $21,240. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RECEIVE BIDS AND AWARD CONTRACT FOR STORM SEWER REPAIR PROJECT NO. 232: MOTION by Councilwoman Jorgenson to receive the following bid for Storm Sewer Repair Project No. 232: Company Insituform Control, Inc. 6167 North Kent Avenue Milwaukee, WI 53217 Total Bid $269,108.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated that this is a project to place a new liner in the storm sewer system on 75th and averton. When they were preparing the 1992 Capital Improvement Program in 1991 it was suggested that they consolidate their repair work and do it over two years rather than four years. In that process, staf£ put numbers together and advertised for 1,000 feet of repair work on 75th Avenue and 1,000 feet of repair work on Overton. When the bids came based on the quantities suggested by staff, the bid was $269,108 for 2,000 feet of work. In the 1992 budget, they had only planned to spend $172,000 for storm sewer repair. In looking over the issue they found they had increased their quantities considerably from 670 feet to 1,000 feet on 75th Avenue and 450 feet to 1,000 feet on Overton. In looking at the bids, staff believed there was some economy by doing all the work on 75th Avenue because of the length and reducing the number of setups. In reviewing the bid and requirements, they found they could accomplish the relining of the 36-inch storm sewer system on 75th for $199,000. This is an � � � �4 FRIDLEY CITY COUNCIL MEETING OF APRIL 6. 1992 PAGE 15 increase of $27,000 over the 1992 budgeted amount, but it also incorporates a reduction in the work programmed for 1993. Mr. Flora stated that staff recommends the Council receive the bids, delete the work on Overton Avenue for 1992, include it in the 1993 reconstruction, authorize exeoution of the work on 75th Avenue and award the bid to Insituform Control, Inc., in the amount of $199,000. There would be a corresponding reduction in the storm water fund for 1993 and would allow for a budgeting change to be accomplished over two years. MOTION by Councilman Schneider to award the contract for the repair of the storm sewer repair on 75th Avenue from Hayes Street to Bacon Drive and Arthur Street to Lakeside to Insituform Control, Inc., in the amount of $199,000. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RECEIVE BIDS AND AWARD CONTRACT FOR REPAIR OF WELL NO. 13, PROJECT NO. 236: MoTION by Councilman Schneider to receive the following bids for repair of Well No. 13, Project No. 236: Company Layne Minnesota 3147 California Minneapolis, MN 55418 Mark Traut Wells 151 - 72nd Avenue St. Cloud, MN 56301 E. H. Renner 15688 Jarvis Elk River, MN 55330 Keys Well Drilling 413 North Lexington St. Paul, MN 55104 Total Bid $14,697.00 $14,885.00 $18,252.00 $20,421.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora stated that this is the second part of the repair of Well No. 13. They will be replacing the service pipes in the normal four year program. Layne Minnesota Well Company was the low bidder at $14,697. Based upon the low bid, staff recommends the City Council receive the bids and award the contract to Layne Minnesota Well Company in the amount of $14,697. , 45 FRIDLEY CITY COIINCIL MEETING OF APRIL 6, 1992 PAGE 16 M�TION by Councilman Schneider to award the contract for repair of Well No. 13, Project No. 236, to Layne Minnesota Well Company in the amount of $14,697. Seconded by Councilwoman Jorgenson, upon a vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RECEIVE BIDS AND AWARD CONTRACT FOR MOORE LAKE BEACH HOUSE, PROJECT NO. 233: Mr. Kirk stated that on Wednesday, March 25, 1992, the bids were opened for the construction of the beach house at Moore Lake Park. The low bidder on the project was Earl Weikle & Sons, Inc. Their bid for the total project was $173,944. There were eight deduct alternates included in the bid process. Those deducts were items either suggested by the Parks and Recreation Commission or by the Council early in the design phase. Those eight alternates could be deducted, and the total bid for the low bidder would be $150,851. He stated that $152,250 was budgeted for the construction of the beach house in the 1992 Capital Improvements Program in the Park section. The total package is over that amount. Mr. Kirk stated that the bids received for the remodeling of the Little League building were $10,000 below the budgeted amount. If � the Council decides to qo with the total project for the beach house with the alternates, they could also look at some adjustments in the future capital improvement program. ' Mr. Kirk reviewed each deduct alternate based on the low bid cost: Deduct Alternates #1 &#2: The roof observation deck that would provide additional surveillance of the waterfront, beach, and parking lot areas. Cost: $6,900 - for the wood decking (Alternate #1) $1,433 - for the stairway leading to the roof (Alternate #2) Deduct Alternate #3: The concrete patio at the south side of the building. Cost: $1,300 Deduct Alternate #4: Delete the metal roof and provide an asphalt shingle roof. (Staff's concern is the long term maintenance repair costs associated with a shingle roof.) Cost: $3,760 Deduct Alternate #5: Baby changing stations in each of the restroom areas. Cost: $600 for the two stations � � _I � 46 FRIDLEY CITY COIINCIL MEETING OF APRIL 6. 1992 PAGE 17 Deduct Alternate #6: Delete the two pre-cast panels with the City logo to be built-in on the east and west sides of the building. Cost: $4,500 Mr. Kirk stated that at the Parks and Recreation Commission meeting earlier this evening, there was some discussion about the sign. The Commission would like to see the building identified, but they were concerned that the sign might be too large. One comment was that maybe the building could have the City logo, but have a sign identifying the park rather than the "City of Fridley.�' Mr. Burns stated another suggestion might be the bronze letters which are used on the Municipal Center. Deduct Alternate #7: Provide hollow metal shutters in lieu of louver shutters on the windows of the building. The louver shutters would provide a view to the inside of the building for security purposes. Cost: $1,400 Deduct Alternate #8: Delete the demolition of the existing structure and have the demolition work completed by City employees. Cost: $3,20D Mr. Kirk stated that in discussing this with the Public Works Department, they felt that $3,200 was a reasonable bid for the demolition. MOTION by Councilman Schneider to receive the following bids for Moore Lake Beach House, Project No. 233: Company Earl Weikle & Sons 2514 - 24th Avenue South Minneapolis, MN 55406 Parkos Construction Co. Inc. l010 Scott Robert Street West St. Paul, MN 55118 United Contracting 2817 Anthony Lane Suite 304 Minneapolis, MN 55418 Total Bid $173,944.00 $176,900.00 $177,760.00 �� � 47 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE_18 Donahue Construction Inc. 8470 Center Drive N.E. Spring Lake Park, MN 55432 George W. Olsen Construction Co. 126 Blake Road North Hopkins, MN 55343 Hunerberg Construction 14915 - 32nd Avenue North Plymouth, MN 55447 Mikkelson-Wulff Construction Co. 126 Blake Road North Hopkins, MN 55343 Merrimac Construction Co., Inc. 14533 Highway 65 N.E. Anoka, MN 55304 C.o. Field Company 2940 Harriet Avenue South Minneapolis, MN 55408 Allstar Construction Inc. 6614 Eagle Lake Drive Maple Grove, MN 55369 Nordling Construction $180,980.00 $182,100.00 $185,320.00 $188,294.00 $188,294.00 $200,750.00 $201,995.00 $204,000.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MoTION by Councilman Schneider to award the contract to Earl Weikle & Sons for the construction of the Moore Lake Beach House, Project No. 233, in the total amount of $173,944 which includes Alternates 1- 8. Seconded by Councilwoman Jorgenson. Mayor Nee stated that he would like the Council to consider the alternates individually. Alternate #1 - $6,9D0 (observation deck) Councilwoman Jorgenson stated that from a public safety point of view, they need supervision of the parking lot as well as the beach from the observation deck. Alternate #2 - $1,433 (stairway) � Councilman Schneider stated that from a public safety point of view, they also have to include the stairway to the observation deck. � , � 48 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 19 Alternate #3 - $1,300 (cancrete patio area) MOTION by Councilman Billings to deduct Alternate #3. MOTION DIED FOR LACK OF A SECOND. Alternate #4 - $3,760 (delete metal roof) There was no motion to deduct Alternate #4. Alternate #5 - $600 (baby changing stations) Councilman Billings stated that the Koala Bear changing station retail for about $225 each and the wholesale price is probably about $155. These can easily be installed by City employees. Rather than installing one in each of the restrooms, maybe there is a common area where one can be installed. Mr. Kirk stated that rather than installing a baby changing station on the outside of the building, there is no other common area where one could be installed. Councilwoman Jorgenson stated that a place for the baby changing stations to be installed is something they could possibly leave and look for alternate funding at another time. MOTION by Councilwoman Jorgenson to deduct Alternate #6 and look for alternate funding for baby changing stations in the future. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Alternate #6 -$4,500 (pre-cast panels with City logo) MOTION by Councilman Schneider to deduct Alternate #6 and ask staff to look at lower cost alternatives for signage. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Alternate #7 - $1,400 (hollow metal shutters) MOTION by Councilman Schneider to deduct Alternate �7. Seconded by Councilwoman Jorgenson. Councilman Schneider stated that he believed the building would be more secure with the solid shutters. Councilwoman Jorgenson stated that there are also windows all around the building, and a police officer would have to get out of the car and walk around the building to see in all the windows. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � 49 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 20 Alternate #8 -$3,200 (demolition of building �y City employees) There was no motion to deduct Alternate #8. MOTION by Councilman Schneider to award the contract to Earl Weikle & Sons for the construction of the Moore Lake Beach House, Project No. 233, in the total of $167,444 which includes Alternates l, 2, 3, 4, and 8, deducting Alternates 5, 6, and 7. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings abstaining, Mayor Nee declared the motion carried. 18. RECEIVE BIDS AND AWARD CONTRACT FOR LITTLE LEAGUE SHELTER, PROJECT N0. 234• MOTION by Councilwoman Jorgenson to receive the bids for the Little League Shelter, Project No. 234: Company Earl Weikle & Sons 2514 - 24th Avenue South Minneapolis, MN 55406 Parkos Construction Co. Inc. 1010 Scott Robert Street West St. Paul, MN 55118 C.O. Field 2940 Harriet Avenue Minneapolis, MN 55408 United Contracting 2817 Anthony Lane Suite 304 Minneapolis, MN 55418 Hunerberg Construction Co. 14915 - 32nd Avenue North Plymouth, MN 55447 Donahue Construction Inc. 8470 Center Drive N.E. Spring Lake Park, MN 55432 Mikkelson-Wulff Construction Co. 126 Blake Road North Hopkins, MN 55343 Jay Bros. Inc. 2209 Phelps Road Hugo, MN 55038 Total Bid $21,058.00 $21,400.00 $21,803.00 $24,500.00 $25,140.00 $25,573.00 $25,695.00 $25,985.00 LJ � � 50 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 21 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Kirk stated that on Wednesday, March 25, 1992, they also opened the bids for the Little League Park building remodeling project. The low bidder on this project was also Earl Weikle & Sons, Inc., in the amount of $21,058. This remodeling project will provide two accessible restroom facilities, drinking fountain, new cement floor, better access to the upper level, and general repairs to the concession stand which also serves as a storage facility and utility building. There is a concession stand operated by the Fridley Youth Sports Association (Little League Division), and the Little League Division will be taking care of the improvements to the concession stand. Mr. Kirk stated that $31,500 was budgeted for this project in the 1992 Capital Improvements budget, and the low bid is $10,442 below this budgeted amount. Mr. Kirk stated that there were four potential deducts; but, even with the deduct alternates, the remodeling comes well below the budgeted amount. Staff is recommending the Council award the contract for the remodeling of the Little League Park building to Earl Weikle & Sons, Inc. Mr. Kirk stated the alternate deducts were as follows: Alternate Deduct #1: Deduct drinking fountain on the outside of the building. Alternate Deduct #2: Only do the concrete slab on the inside of the building that would accommodate the restroom areas. Alternate Deduct #3: Deleting some electrical fixtures in the upper level. Alternate Deduct #4: Not including any painting and upgrading the outside of the building. There were no motions to deduct Alternates 1-4 froln the Little League Park building project. MOTION by Councilman Schneider to award the contract for the remodeling of the Little League Park building, Project No. 234, to Earl Weikle & Sons, Inc., for the total project amount of $21,058. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings abstaining, Mayor Nee declared the motion carried. Councilman Schneider stated that they are still about $6,000 over budget for the Moore Lake Beach House and Little League Park building projects. He would urge staff to try to find some way to absorb this $6,000 overage in the budget. 51 FRIDLEY CITY COIINCIL MEETING OF APRIL 6, 1992 PAGE 22 � 5. RESOLUTION NO. 31-1992 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO THE MINNESOTA BASS FEDERATION (THORNE BROTHERS SPORTING GOODS): MOTION by Councilman Billings to remove item #5 from the table. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman 3orgenson voting nay, Mayor Nee declared the motion carried by a vote of 4-1. Mayor Nee stated that the first question before the Council is whether or not to adopt the resolution to support the gambling application. MOTION by Councilman Billings to adopt Resolution No. 31-1992. Seconded by Councilman Schneider. Upon a voice vote, Chairwoman Jorgenson voting nay, Mayor Nee declared the motion carried by a vote of 4-1. Mayor Nee stated that the second question before the Council is the request by the Minnesota Bass Federation to have the fee of $25 waived. MOTION by Councilman Schneider not to waive the fee and require the � Minnesota Bass Federation to pay the normal fee of $25. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. APPROVAL OF TEMPORARY WOOD CHIP TRANSFER AGREEMENT BETWEEN SPRINGBROOK NATURE CENTER AND NORTHERN STATES POWER COMPANY: Mr. Kirk stated that the Recreation and Natural Resource Department would like to enter into an agreement with NSP to allow them to use a portion of the Nature Center to store wood chips and use as a transfer site. This agreement would allow the City to have immediate access to wood chips necessary for the maintenance of the Springbrook trail system. The Recreation and Natural Resource Department believes this would be in the best interest of the City and recommends the Council approve this agreement. The City Attorney's office has looked at the agreement and made some changes that have been incorporated into the agreement. MQTION by Councilwoman Jorgenson to approve Temporary Wood Chip Transfer Agreement Between the Springbrook Nature Center and Northern States Power Company. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 52 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 23 � 20. MOTION FOR EMERGENCY REPAIR AND RESTORATION OF WATER SERVICE ON WOODY LANE CUL-DE-SAC: Mr. Flora stated that this water main break occurred between the homes at 5948 and 5988 Woody Lane. The break was just beyond the cul-de-sac where the line runs between the properties and connects to Central Avenue. This has been a most extraordinary situation because of the improper designation of the water location, the proximity to the buildings, and the extensive depth of the line. As a result of the work that has already been done and the City's efforts to repair and restore water service to the residents on the Woody Lane cul-de-sac, staff is requesting that Council pass a motion authorizing these emergency expenditures from the Water Capital Improvement Utility Fund. Councilman Schneider asked the approximate cost of the repair work. Mr. Flora stated he believed the cost could be as high as $40,0�� to $50,000. MOTION by Councilman Schneider to authorize emergency expenditures from the Water Capital Improvement Utility Fund for the repair and restoration of water service to the residents on the Woody Lane cul-de-sac. Seconded by Councilwoman Jorgenson. Upon a voice � vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. APPROVAL OF CHANGE ORDER NO. 5. STREET IMPROVEMENT PROJECT NO. ST. 1991 - 1& 2: Mr. Flora stated that it was suggested at a Council meeting last fall that the drive and parking area in front of the RMR Recycling Center should be paved. He stated that he has talked to the 1991 street contractor, and the contractor is willing to add this work to his contract for $5,237.50. If the Council wants to have this area paved, he is recommending they approve Change order No. 5 to ST. 1991 - 1& 2 for $5,237.50. MoTION by Councilwoman Jorgenson to approve Change Order No. 5, Street Improvement Project No. ST. 1991 - 1& 2, in the amount of $5,237.50. Seconded by Councilman Schneider. Councilman Billings asked for a history on the building. Who constructed the building, the City or the contractor? Mr. Flora stated that the contractor constructed the building. The City provided the space, the fencing, and the water. The contractor provides the energy and pays the electrical bill. � Councilman Billing stated that with the Legislature and the Governor's Office talking about deleting between $125,000 and $500,000 from the City's 1992 budget, the Council should think very 53 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 24 � seriously about making expenditures. The Council just voted on an emergency issue that could cost around $50,000, they voted approval of the construction of the Moore Lake Beach House that was approximately 10 percent higher than the original budgeted amount, and he did not necessarily know if this was the time to be making discretionary expenditures without at least lookinq for alternative sources of funding with something other than the reserves of the City which eventually will be passed on to the taxpayers of the City of Fridley. Mayor Nee asked the benefit or need for the paving at the recycling center. Mr. Flora stated that the cars must come of£ 71st Avenue and drive through the dirt or mud to unload their recyclables. When the weather is inclement, it messes up the operation of the recycling center, it messes up the cars, and messes up 71st Avenue. Ms. Dacy stated that the City has also received complaints from RMR about the drainage situation and that the water ponds in front of the building. Councilwoman Jorgenson stated that the building is also considerably lower than the concrete apron that runs around the � building. The City did bring in additional fill last year, but the drainage continues to be a considerable problem for people using the facility. Councilman Schneider stated that they continue to have this dichotomy with recycling. He believed that they are all committed to the concept of recycling for the environment. It didn't seem to him that the beneficiary here is the contractor but to the public. They ought to make it convenient for people to get to the recycling center. Councilwoman Jorgenson stated that paving the driveway would be good "PR" for the recycling center. Also, during the times of recession, they can sometimes get projects done at a lower cost. This work would also be done under the prevailing wage which would put people to work. Mayor Nee stated that they have gotten along without paving the driveway for twelve years. Councilman Billings asked if the contractor pays an annual fee for the site. Ms. Dacy stated that the site is provided essentially for free. � Councilman Billings asked if the contractor is making a profit. ' � � 54 FRIDLEY CITY COUNCIL MEETING OF APRIL 6. 1992 PAGE 25 Councilwoman Jorgenson stated that the site just recently instituted a charge for plastic containers and unless a person is bringing aluminum or steel cans, they are not making a profit. Councilman Billings asked if the conclusion can be made that, in the future, the City may be faced with the situation where they will not only be subsidizing the curbside recycling but will be subsidizinq the drop-off site as well? Councilwoman Jorgenson stated that the State Legislature has mandated through the counties to go more heavily into plastic recycling; and, unless they want to increase the plastic recycling through the curbside program, they have to have a site where plastics can be dropped off. That is the function of the recycling center right now. Councilman Billings stated that the primary things being recycled at the recycling center are glass, newspapers, and aluminum which are currently recycled through the curbside program, and the City has to provide a subsidy to the curbside contractor because the contractor is not getting enough product through curbside recyclinq. Are they not then providing the situation where they are competing with themselves? They are providing a site for one contractor to make a profit while they are depriving another contractor of a certain amount of product and; therefore, causing the City to pay more subsidy. Are they throwing $5,000 at a site where, in the not too distant future, they may have to decide if it is proper strategy to have two such facilities in competition with each other? Councilman Billings asked if the City has looked at the possibility of approaching the contractor for partial or full payment of this paving. Ms. Dacy stated she believed that last year when this was originally discussed, staff approached the contractor about the paving, the contractor offered to do some other improvements in exchange for the paving. She did not remember what those other improvements were, but she would get that information £or the Council. Mayor Nee stated that he agreed with Councilman Billings, and he would like to see the contractor challenged to share the cost. MOTION by Councilman Billings to table this issue until the next meeting and instruct staff to bring back a funding source at that time. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 55 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 26 , 22. RESOLUTION NO. 35-1992 ORDERING PRELIMINARY PLANS. SPECIFICATIONS, AND ESTIMATES OF THE CO5TS THEREOF: STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1& 2: Mr. Flora stated that this resolution orders the preliminary plans, specifications, and estimates for street Improvement Project No. ST. 1992 - 1& 2. This year's project includes the annual overlay project, the construction of a parking lot at Flanery Park, improvements to the parking lot at Moore Lake Beach Park, and the inauguration of an annual program to upgrade residential streets to current urban standards. Mr. Flora stated that Resolution No. 36-1992 receives the preliminary plans and calls for a public hearing on the improvements for May 4, 1992. MOTION by Councilwoman Jorgenson to adopt Resolution No. 35-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. RESOLUTION NO. 36-1992 RECEIVING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON MAY 4, 1992. ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT NO. 5T. 1992 - 1& 2: � MOTION by Councilwoman Jorgenson to adopt Resolution No. 36-1992. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 25. APPOINTMENT: CITY EMPLOYEE Mr. Hunt stated that they received about fifty applicants for the Superintendent of Public Works position. Staff interviewed eight applicants over a two-week period. The City Manager has of£erad the position to Paul E. Lawrence. Mr. Lawrence has about 29 years of experience in public works, mainly in New England and California. He was also City Manager for five years in a town in California with a population of about 6,000. Ae is currently the Director of Public Works in Brattleboro, Vermont in a like position. Mr. Lawrence has accepted the Superintendent of Public Works position pending acceptance by the City Council. MOTION by Councilman Schneider to concur with the appointment of Paul E. Lawrence as Superintendent of Public Works replacing Ralph � Volkman as of May 4, 1992. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � 56 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 27 26. CLAIMS• MOTION by Councilman Fitzpatrick to authorize payment of Claim Nos. 42335 through 42683. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 27. LICENSES: MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee dealared the motion carried unanimously. 28. ESTIMATES: MOTION by Councilman Schneider to approve submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 the estimates as Statement for Services Rendered as City Prosecuting Attorney for the Month of February 1992 .....$8,616.00 Seconded by Councilman Billings. 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 April 6, 1992, adjourned at 10:20 p.m. Respectfully submitted, Lynne Saba Acting Secretary to the City Council Approved: William J. Nee Mayor