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11/01/1993 - 00005266� � I� THE MINUTES OF THE REGULAR MEETING OF THE FRTDLEY CITY COUNCIL OF NOVEMBER 1, 1993 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 audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT APPROVAL OF MINUTES: Mayor Nee, Councilwoman Jorgenson, Councilman Billings and Councilman Schneider Councilman Fitzpatrick COUNCIL MEETING. OCTOBER 18, 1993: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as Seconded by Councilman Sillings. Upon a voice vote, aye, Mayor Nee declared �he motion carried unanimously. OPEN FORUM, VISITORS: PROBLEMS AT APARTMENT COMPLEX AT 5430 7TH STREET: submit�ed. al1 voting Mrs. Violet Jurek, 556 54th Avenue, stated that she is a concerned and angry citizen regarding the apartment building at 54th Avenue and 7th Street. 5he stated that there was a shooting incident at this complex several weeks ago, and all the tteighborhood is angry, She stated that she has lived in her home over thirty years, paid taxes, and worked steady to live in a stable community. She stated that she is disappointed in Fridley. Mrs. Jurek stated that this apartment building has deteriorated to the point where there is nothing but riffraff in the units, and she and her husband are not even able to go out in the evening. S�e stated that she cannot afford to move out. She asked how the apartment complex got to this point. She stated that in the shooting incident six bullets were randomly fired, and lt is a tragedy that something like this has happened. She stated that it is a shame that people cannot go out in their own back yards. She FRIDLEY CITY COUNCIL MEETING OF NOVEMBER l, 1993 PAGE 2 � asked what the City is doing about this apartment building and what options citizens have. Mrs. Kathryn Lovelace, 532 Cheri Circle, stated that she has two daughters. They are not even allowed to ride their bikes around the block, and this is a sad situation. She stated that it is a joke when the police cars are there every morning. She stated that her back yard faces this apartment building, and bullets can go a long way. She stated that she wanted to move, but her daughter has established friends and does not want to move. She stated that she should not have to move, as she has a ttice home and neighbors. She stated that there are a lot of concerned and angry neighbors that live in this area. She stated that she trusts that the Council will do something about this situation. Mr. Jeff Larson, 161 Longfellow Street, stated that he is not going through �he same situation as these residents, but he has that type of concern in his area. He stated that when property is not kept up it brinqs down values of other properties in the neighborhood, and he did not know how long it would be before they have shootings in his neighborhoodo He stated that he came to the council meeting this evening reqarding the nuisance abatement issue, as there is an on-going problem in his area, and he hoped that something would change. � Mayor Nee stated that the public hearing on the nuisance abatement is one element by which the Council is trying to deal with these problems. He requested that City staff comment on the way the Council is trying to resolve some of these issues. Mr. Burns, City Manager, stated that last year City staff inet with the owner of this apartment building regarding the problems at this complex. He stated that since last year, there was some reduction in the number of police calls. He stated that there was an attempt on the owner's part to do something about the tenants causing the problems. Mr. Burns stated that the City initiated a housing program this year that includes rental housing, and rental inspections will be increased. He stated that the City is also considering an ordinance that would give leverage to withhold licenses where the management of apartments have not been in control over their tenants. He stated that another area for consideration is a government subsidy for rehabilitation of rental uni�s. He stated that ways have to be found to improve the physical facility and management of the apartment buildings. Ms. Dacy, Community Development Director, stated that �his type of issue has physical and behavior dimensions. She stated that the � City Manager stated that there would be an increase in rental inspections, and the Council will be considering an ordinance that would hold the owner responsible for the behavior of the tenants � �� FRIDLEY CITY COUNCIL MEETING OF NOVEMSER 1. 1993 PAGE 3 based on the number of police calls. She stated that the City is trying to work with the owners to encourage proper screening of tenants and background checks. She stated that the issue the Council and community needs to evaluate is how far the City can go to control these problems. Mr. David Sallman, Public Safety Director, stated that it is good the residents are angry. They should not accept this type of violence. He stated that there has been about a fifty percent reduction in the number of police calls at this apartment building. He stated that what happened in the shooting incident was that there was a party in the apartment building, and one person was harassing another person who was trying to leave. He stated that this person asked the apartment manager for his help. When the suspect walked over to the suspectos vehicle, the suspect pulled out a gun and fired the shots. Mr. Sallman stated that the Police Department has talked to over twenty people; however, in some cases, people are not cooperating. He stated that information has been sent to the County Attorney's Office, and he believes that there will be charges filed by the end of this week, Mr. Sallman stated that there was some concern that, this was a gang related issue. He stated that none of the suspects names appeared on the lists o� gang members. He stated tha� �he people who had the party were evicted, and the owner is going through the eviction process with three more tenants in this complex. He encouraged everyone to attend a meeting scheduled next week when the name of the suspect will be available. He stated that he believes the City's direction with the housing inspection will be helpful. He stated that the City is also part of the Anoka County Consortium to have outreach workers work with youth who are at risk. He stated that a lot of problems involve partxcular families, and he felt they would benefit from this program. Councilwoman Jorgenson stated that these residents are not alone in living in a neighborhood with problems. She stated that at Polk Street and Lynde Drive there are eight apartment complexes with a lot of the same problems. She stated that she is very aware of what is happening in the neighborhoods. She stated that the City will be hiring three additional police officers to provide for a faster response and work special projects. She stated that an outreach worker will be working with youth in finding some alternative programs and teaching them there will be consequences for unacceptable behavior. She stated that often parents are not accessible to their children, and the cities are trying to address this problem. Councilman Schneider stated that he appreciated the residents coming to the meeting. He stated that every year the Council � establishes goals and objectives. Two major goals were the preservation and protection of the City's housing stock and making people feel safe on the City streets. He stated that this was the � � FRIDLEY CITY COUNCIL MEETING OF NOVEMHER 1, 1993 PAGE 9 reason for the rental inspection program. He stated that from a safety s�andpoint, he felt other things had to be done in addition to adding more police officers. He felt that everyone on the Council shares the concerns of the residents, and that he would do everything he could to work as quickly as possible to have some meaningful programs in place. Councilman Billings stated that he hoped the housing program would help the situation. He stated that regarding the apartment building in question, there is not a lot of problems with physical items, but it is the management of the building and the tenantsa He stated that the owner needs to take some responsibility, and it is one of the prime areas the Council is trying to work on at �his time. He stated that there are just so many things the City can do, and the primary one is to try to get the property owner to resolve some of these problems. Mrs. Lovelace, 532 Cheri Circle, asked if the property owner could be fined so that he would take action more quickly. She felt that property couldlae confiscated if there are drug dealings occurring. She stated that in regard to the youth, it is sad when a ci�y has to bring up their youth. She asked if something could be done wzth the parents of these youths to make them responsibility for their children°s activities. She felt that parents should be responsible, and unless there is direction in the home, nothing will change. Councilwoman Jorgenson stated that her neighborhood has one juvenile whose £amily does not take responsibility for his behavior. She stated that it has taken at least three assault charges and a charge of fourth degree assault to go to court. She stated that she has received letters from residents that have been harassed, victimized, and vandalized by this youth. These documents are inadmissible in court until a charge has been brought. She stated that the residents are angry, and they will not be run out of their homes. She stated that a police officer has been assigned to this family to make sure everything is documented. 5he stated that a youth outreach worker will be working not only with the youth, but with the parent. Mr. Charlie Johnson, 580 Cheri Lane, stated that the residents are concerned. He stated that the problem is with children being brought into their neighborhood. He stated that Brooklyn Center and Brooklyn Park are passing ordinances that if a person does not pay their rent, they are evicted and cannot rent anywhere in the city. He stated that Columbia Heights has closed at least thirty double bungalows where they were experiencing problems. He asked what Fridley City is doing. � Ms. Jean Mensinger, 453 54th Avenue, stated building in question is in her back yard. neighbor is trying to run a daycare facility, that the apartment She stated that her and it is hard to do � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 1, 1993 PAGE 5 with gun shots, vulgar language, broken windows and broken bottles in her yard. She stated that, unfortunately, Fridley will not be her home because nothing will be done in her lifetime. Mayor Nee stated that this has been a concern which the Council has been dealing with for over a year. He stated that there is an effort to keep the housing and multiple units up to code and not let the values decline. He stated that a significant part of the problem with this particular apartment complex is that they have chosen to drop �heir rents to attract tenants just to keep them filled. He stated that this has been reflected in the maintenance of the buildings, and the City is working to improve �he maintenance and condition of these buildings. He stated that �he owner is going to have to find higher payinq tenants, and with that comes a more responsible tenant. Mayor Nee stated that the City has been concerned for several years, mainly because of the dynamics that developed in Columbia Heights and Brooklyn Parke He stated that he hoped within his lifetime, and certainly within Ms. Mensinger's lifetime, that the problem can be solved. FIe stated that he was pleased that the residents came to speak to the Council this evening. He stated that the City would keep working on the problem. NEW BUSINESS: 1. RECEIVE LETTER OF RESIGNATION FROM COUNCILMEMSER EDWARD J. FITZPATRICK' Mayor Nee read a letter dated September 20, 1993 rErom Councilmember Edward �, Fitzpatrick in which he reqretfully submitted his resignation from the City Council due to his health. Mayor Nee stated that Ed Fitzpatrick has been a member of the Council since 1975, Prior to this time, he was Chairman of the Parks and Recreation Commission and a member of the Planning Commission. He stated that Ed has many years of service to the citizens of Fridley and especially to the residents of Ward ITI. MOTION by Councilman Schneider to receive, with sorrow, the letter of resignation from Councilmember Ed Fitzpatrick. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING: 2. PUBLIC HEARING ON AN ORDINANCE ESTABLISHING CHAPTER 128 ENTITLED "ABATEMENT OF PUBLIC NUISANCE�' TO THE FRIDLEY CITY CODE: MOTION by Councilman Schneider to waive the readinq of the public hearing notice and open the public hearing. Seconded by -- - ------------------------------- FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 1, 1993 PAGE 6 � Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:15 p.m. Mr. Steve Barg, Planning Assistant, stated that this item, in a sense, is related to the Open Forum issue. He stated that the purpose of this ordinance is to address the concerns of residents in the City regardinq the abatement of a public nuisance. He stated that the City currently groaesses four hundred to five hundred complaints a year. About five to ten percent of these complaints cannot be resolved through the normal channels and have to be referred to the Anoka County court. Mr. Barg stated that it is difficult for the court system to address these complaints, as the system is better designed to handle law enforcement issueso He stated that it can take from six months to ten months to process a complaint. Mr. Barg stated that in order to be more responsive to the needs of a complainant, staff reviewed an ordinance that was in effect in Coon Rapids. He stated that he has met with the City Prosecutor to review this ordinance, which resulted in the proposed ordinance now before the Council. He stated that this proposed ordinance would expedite the process for handling the abatement of public nuisances. � Mr. Barg stated that with this new approach, an inspection would be conducted and a notice given to the property owner to correct the violations or request a hearing on the matter. He stated �hat if compliance is not achieved and there is no request for a hearing, the City contracts for the removal of the violations. He stated that if a hearing is requested, it would be before a hearing examiner who would rule for or against the Cityos order. He stated that if the property owner wishes to appeal the ruling, it can be appealed to the City Council. Mr. Sarg stated that the benefit of the proposed ordinance is to increase responsiveness to residents' concerns, to decrease staff time and prosecution costs assoeiated with the criminal court system, and to improve the appearance of properties. Councilman Schneider stated that if a property owner was not satisfied with the ruling of the hearing examiner or the City Council, he would still have the right to go through civil cour�. Councilwoman Jorqenson asked if the City would have �o store any equipment that was removed. Mr. Barg stated that the City normally holds materials for a period of time to allow the property owner to pay the charges associated � with abatement and storage fees. He stated that the City maintains the right to dispose of all property deemed to have value and does not store items that have no value. He stated that items of value are held for thirty days. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 1, 1993 PAGE 7 � Mr. Allen Stahlberg, 8055 Riverview Terrace, asked if the number of cars parked on a property is related to the number of licensed drivers. Ms. Dacy stated that it is recommended the City does not take this approach to control vehicles on the property. She stated �hat the City adopted an ordinance which requires vehicles to be parked o� a hard surface driveway. Mr. Barg stated that in the junk vehicle ordinance there are �wo standards in determining whether a vehicle is a junk vehicle. The vehicle must have current license tabs and be street operable. Mr. Mark Solarz, 187 Longfellow Street, stated that he bought an abandoned house in Fridley, and this was a mistake. He stated that as soon as he bought the house, the neighbors called the C�t� stating that the house was not up to code. Mr. Solarz stated �hat he has several vehicles he restores, and all his cars are operable and licensed. Mr, Solarz stated that he is from up �orth. When people have problems, they come and talk with their neighbors about it. He stated that he spent $6,000 on a driveway, and there was a brush pile in his yard that the neighbors had put there. He stated that � he received a summons £or £ailure to provide adequate vegetation, and he has installed a fence for his dogs, but the neighbors complain about the barking. He stated that he cannot take the harassment, and he would love to move. Mr. Jeff Larson, 161 Longfellow Street, stated that he is Mr. Solarz's neighbor. He stated that they have had discussions and problems, and it is an on-going thing. Mr. Larson felt that the proposed ordinance did not go far enouqh into detail regarding junk vehicles. He stated that it is not only junk vehicles, but the City does not have a means to deal with nuisance propertya Iie stated that if property is not maintained, i� is not easy on the neighbors. He stated that it is total neglect on Mr, 5olarz's part. Mr. Larson felt that Mr. Solarz is not trying to maintain his property, and that is the problem. Mr. Larson stated that he is in favor of this ordinance, but something further needs to be done. Ms. Kathy McCollom, 197 Longfellow Street, stated that she bought her home two years ago. It is on the west side Qf Mr. Solarz�s property. She stated that Mr. Solarz uses his property to store vehicles, and his dogs attack the fence in her back yard. 5he stated that she would love to sell her home. She stated that she works hard to maintain her property, and she wondered why Mr. Solarz cannot do the same. 5he stated that all she is asking � is that Mr. Solarz rake his yard and do something with the vehicles. FRIDLEY CITY COUNCIL MEETING QF NOVEMHER 1. 1993 PAGE 8 Ms. McCollam supported this proposed ordinance, as she felt something needed to be done. Mr. Herrick, City Attorney, stated that from the comments he has heard, it seems the residents feel the Council has unlimited authority to solve some of these problems. That is no� the case. He stated that the City only has the authority given them by the legislature. He stated that there are a lot of situations that have been discussed which the City does not have control over. He stated that enforcement powers of the City are limited to misdemeanor or gross misdemeanors. Mr. Herrick stated that the City does not have the authority to say who can live on a particular piece of property. He stated that a lot of cases will take cooperation between the City and County and the City and property owners and residents of the neighborhood. He stated that comments were made that this ordinance was not enough, but he stated he was not sure the City could go much farther. Mr. Herrick stated that an the question of operable vehicles, he has reservations as to whether the City has any authority to limit the number of vehicles that are on a piece of property, as long as the cars are licensed vehicles. � Mr. Stahl�erg, 8055 Riverview Terrace, stated that in the situation he was referring to, the property owner has the cars neatly parked in two rows for a total of about eight to ten vehicles. Ms. Dacy stated that the question is if the number o£ drivers should be equal to the number of vehicles. She stated that this is very controversial, and the way the City is proceeding is on the basis of a nuisance abatement. Mr. Dennis Bechard, 1024 Hackmann Circle, stated that fie was in favor of the ordinance, and he requested that Council support this proposed ordinance. Mr. Pat Carlin, 5705 Jackson Street, stated that he has a single garage and three grown sons who drive and have vehicles, all of which are on paved driveways. He stated that he is against this proposed ordinance because it is giving up certain rights to due process. He stated that the problem is in the courts, He stated that there are five licensed drivers in his home, and he did not want to give up his extra vehicle. He stated that some of the cars are not insured and up on blocks. He felt that the process could be expedited by issuing tickets. Ae stated that there is only a small percentage af violators, and he felt that everyone should not have to give up their rights to due process. He felt that Coon � Rapids' ordinance was unconstitutional. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 1, 1993 PAGE 9 � Mr. Leroy Oquist, loll Hackmann Circle, stated that there is a situation in their neighborhood where cars are in the driveway that are not operable. He stated that there is transmission grease, batteries, and even a piano there. He felt that something needed to be done to clean up Fridley. He stated that there are places where cars can be st4red. Mr. Bruce Cerepak, 1041 Hackmann Circle, felt that this ordinance was a step in the right direction. He stated that they have a nuisance in their area, and he is concerned about property valueso He stated that he supported the ordinance. Councilwoman Jorgenson stated that she lives in the area of Hackmann Circle, and she has been keeping an eye on a piece of property in that area. She stated that she has watched for sale signs going up on the block, and it is sad to watch that neighborhood deteriorate. She stated that while the ordinance is not perfect, the City has to try and make neighborhoods liveable. Councilwoman Jorgenson stated that triere are mediation services available through Anoka County Por residents of Fridley, and this organization tries to mediate some of �he conflicts in neighborhoods. She urged residents to take advantage of this servioe in order to make Fridley a more pleasing environment for � everyone in the community. Mr. Solarz, 187 Longfellow Street, stated that the ordinance is a qood idea, but he works sixty hours to seventy hours a week and does not have a lawn mower. He stated that he rakes leaves, cleans the front and back, and keeps his dogs inside almost all the time. He stated that as far as the junk cars, he £elt the ordinance is just asking for more trouble. Councilman Billings stated that the ordinance does not change the number of cars that can be kept; it streamlines the process for abatement. Mr. Herrick, City Attorney, stated that he supports �he ordinance, as he felt it provides a better procedure for abatement af a public nuisance. He stated that if a property owner is dissatisfied with the decision oP the hearing examiner and City Council, the City has no authority from preventing them to go to court. Mr. Herrick stated that a comment was made by Mr. carlin to issue a ticket, and that would expedite the process, He stated that a criminal prosecution of a public nuisance is not very effective. He stated that the courts will typically give a fine of $loo to $200, But the property is usually not cleaned up in a criminal prosecution case. He stated that the civil process is more � ePfective and, under most circumstances, it is the procedure the City should follow. He stated that this is only a procedural matter, and it does not chanqe the definition of a public nuisance. FRZDLEY CITY COUNCIL MEETING OF NO�EMBER l, 1993 PAGE 10 � Councilman Schneider stated that this ordinance does not eliminate due process. He stated that as he reads the ordinance, �he only thing it accomplishes is to provide a more responsive answer where there is an existing problem. He stated that the City has to do something. It may take away some of the rights we hold most dear, but the City is chanqing and it does not have large lots where items can be stored. Mr. Carlin stated that the City presently uses due process, and the violations are criminal. Mr. Herrick stated that the violations are not always in a crzminal court; sometimes they are in a civil court. Mr. Carlin stated that the burden of proof is now on the City, and the proposed ordinance states that if a property owner does no� like what the City has done, they could sue. He stated tha� this plaaes the burden on the resident who cannot afford to go to court. He stated that most oP the problems are there anyway because of economics. Mr. Herrick stated that there is no criminal aspect in this ordinance, it is civil. He felt that from the City's standpoint, it is bettar to pursue these matters in a civil court actaon � whether the City does or does not have this ordinance. iie stated that the criminal court system does not efficiently handle these types of problems. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Sorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:28 p.m. Mayor Nee stated that the first reading of this proposed ordinance would be considered at the next City Council meeting. OLA BUSINESS: 3. APPROVE PURCHASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND SCOTT KOHANEK FOR THE PURCHASE OF PROPERTY GENERALLY LOCATED AT 6116 CENTRAL AVENUE N.E. iTABLED OCTOBER 18 1993 L MOTION by Councilwoman Jorgenson to remove this item from the table. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, Ms. Dacy, Community Development Director, stated that the owner of fhis property approached the City last spring to determine if the City was interested in purchasing the property. She stated that � the City was interested in purchasing the property for expanding Moore Lake Beach. She stated that there is a purchase aqreement between the City and the owner for $64,000. She requested that Council approve this agreement. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 1. 1993 PAGE 11 � MOTION by Councilman Schneider to authorize the appropriate City officials to enter into the purchase agreement between the City and Scott Kohanek for property located at 6116 Central Avenue N.E. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. APPROVE LEASE AGREEMENT BETWEEN THE CITY OF FRSDLEY AND EDWARD C. ANDRIX, III, AND DONNA MARIE MELICH, FOR PROPERTY GENERALLY LOCATED AT 6116 CENTRAL AVENUE N.E. fTABLED OCTOBER 18, 1993): Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this is a lease agreement with the three tenants of the property at 6116 Central Avenue N.E. from the date of closing on this property, tentatively scheduled for November 2, 1993 to May 31, i994, MOTION by Councilman Schneider to authorize the appropriate City of£icials to enter into this lease agreemente Seconded by Councilwoman Jorgenson, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND PROFESSIONAL REDEVELOPMENT RE50URCES. INC., FOR RELOCATION CON5ULTING � SERVICES (TABLED OCTOBER 18, 19931: Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this contract is for relocation consulting services to provida ralocation assistance for the tenants at 6116 Central Avenue N.E. MoTION by Councilman Schneider to authorize the appropriate City officials to enter into this contract with Professional Redevelopment Resources, Inc. for relocation consulting services. Seconded �y Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. APPROVE AGREEMENT BETWEEN THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY FOR THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF CSAA NO. 8 AND THE MAIN ENTRANCE TO UNITY HOSPITAL fTABLED OCTOBER 18, 1993 L Mayor Nee removed this item from the table. Mr. Flora, Public Works Director, stated that this agreement is with the Anoka County Aighway Department for the installation of the opticom system at a cost estimated at $8,640. He stated that the County and Unity Hospital would share in the cost for � installing the signal on Osborne Road and the main entrance to the hospital. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER i, 1993 PAGE 12 � MOTION by Councilman Billings to authorize the appropriate City officials to enter into �his agreement with Anoka County for installation of the Opticom system. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7, RESOLUTION NO. 93-1993 APPROPRIATING MUNICIPAL STATE AID FUNDS TO A MUNICIPAL OFF-SYSTEM PROJECT (TABLED OCTOBER 18, 1993)S Mayor Nee removed this item from the table. MOTION by Councilman Billings to adopt Resolution No. 93-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. AWARD CONTRACT FOR LOCKE LAKE PARK FTLTER PLANT, PROJECT N0. 240 (TABLED OCTOBER 18, 19931: Mayor Nee removed this item from the table. Mr. Flora, Public Works Director, stated that Council received the bids for this project at their October 18, 1993 meeting. He stated that NewMech Companies, Inc. was the low bidder with a bid of 5693,000. � Mr. Flora stated that the City°s consultant, Maier Stewart and Associates, has determined that a$35,000 deduction from this bid is appropriate, as it is anticipated that the residual sandblasting material from the interior of the plant will not have sufficient quantities of lead to warrant its classification as a hazardous waste. Mr. Flora stated that since the cost is over the anticipated budqet, the City's consultant identified an alternate specification for the manganese removal material. He stated that by using a synthetic green sand, an additional deduction of $54,000 is possible. He stated that it is the consultant's recommendation; however, that the City maintain the natural green sand filter similar to what is in the Commons Park filter plant and which is installed in the New Brighton/TCAAP filter operationse He stated �hat he supports the consultant's recommendation. Mr. Roushar, representing Maier Stewart and Associates, stated that �he synthetic green sand is a silica sand, and the natural qreen sand will result in a better system to treat water that has manganese in it. Councilman Schneider stated that he is extremely displeased with the way the TCAAP water line project is proceeding. He stated that � the TCAAP project is behind schedule, and there is no sensitivity to the disruption for the residents. He stated that he questions the City staff's and the aonsultant's ability to seriously monitor a contractor. � � � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER l, 1993 PAGE 13 Mr. Roushar stated the City of Brooklyn Park was displeased with NewMech. He stated that six other references were checked, and positive responses were received from them. He asked if one neqative response would be grounds for not approving a contract with NewMech. Mr. Herrick, City Attorney, stated the 1aw states that the City is required to accept the lowest responsible bid. He stated that if the City is to rule someone is not responsible, it is the City's burden to establish this fact. He stated that it is a fairly signifioant burden, as the courts will require substantial evidence. He stated that he would recommend that if the Council does not want to award the bid to the lowest bidder, that the bids be rejected and re-advertised. Councilman Schneider asked if the contract is awarded to the low bidder, what commitments the City has as to the timetable and other issues which may go wronq. Mr. Roushar stated that their firm carries professional liability insurance to stand behind their work. He stated that as part of the contract, thera is a completion date and liquidated damages for every day the project is delayed. He stated that the City also has a one-year warranty, a performance bond, payment �ond, and maintenance bond. He stated that some of �he equipmen� also carries additional warranties. Councilman Schneider stated that he understood the City has liquidated damages on the TCAAP project. Mr. Roushar stated that he believed it was $500 per day. Councilman Schneider stated that the contractor committed to a completion date of October 26. He asked why there should be liquidated damages, if it cannot be enforced. Councilwoman Jorqenson asked who opted to let the contractor not pay for liquidated damages. Mr. Flora stiated that an extension was allowed to the contract. If the City delays placement of the final mat, it wi11 be the Council's decision or at the contractor's request due to the weather. Councilman Schneider asked why the City did not proceed to collect damages when the completion date was not met. Mr. Flora stated that when a claim is made on a contract and there are alibis and excuses, the courts would make a decision if the City could collect. Mr. Herrick stated that if there are liquidated damaqes, and there is such a clause in the contract, he recommended that the City not FRIDLEY CITY COUNCIL MEBTING OF NOVEMBER 1. 1993 PAGE 14 � pay the contractor too much so there are sufficient funds to cover the liquidated damages. Councilman Schneider stated that the curbing on 64th Avenue was installed incorrectly and had to be torn out. He stated that he understands there was a mistake in stakinq and Maier Stewart and Associates was responsible. Ae asked if Maier Stewart and Associates was coverinq the cost of the extra concrete and labor. Mr. Roushar stated that if this was their staking error, they would aover the cost far removal and replacement of tha� curb. Councilman Schneider asked if this contract has provisions that gives the City leverage to control the project to assure that the contractor performs in a professional manner, provides reasonable services, and completes the construction on schedule. Mr. Roushar stated that there has to be a spirit of cooperation between the two parties. He stated that it is something that goes undefined in the contract. He stated that as long as there can be some flexibility maintained and a good working relatzonship, it does not matter how big or long the contract is; that really is not an issue. � Mr. Roushar stated that the TCAAP project had a difiicult time frame, and there was a problem in obtaining the pipe materials due to flooding from the Mississippi River. He staYed that the construction period was for ninety days, and it took thirty days to receive the materials. Mr. Flora stated that there was a very speoific construction schedule for the streets in the TCAAP project. He stated that the contractor was apprised of this issue, bttt they had difficulty with �heir sub-contractors. He stated that the concern was to get the pape installed this winter. He felt that the entire pro�ect would be finished this fall, but the final mat may not be installed due to the weather. Mr. Flora stated that he did not feel there would be a problem with this pro�ect, as there was with the TCAAP project. The TCAAP project mixed a number of different skills and abilities. Councilman Schneider stated that if the contract is awarded, he wanted to make sure there were good inspections. Mr. Herrick asked if there was a provision in the contract that permits the $35,000 deduct or if the contractor is agreeable to that deduction. ' Mr. Roushar stated that he has contacted the contractor, and it is agreealale with them. Councilman Schneider asked the project schedule. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 1, i993 PAGE 35 � Mr. Roushar stated that April 1 is the operational date and everything will be complete by May 1 with the exception of the outside work, which has a completion date oi June 3oe He stated �hat the intent is to have the plant up and running about April 1 so that when the sprinkling season begins in May everything will be ready. MOTZON by Councilwoman Jorgenson to award the contract for the Loc➢te Lake Parlt Filter Plant, Project No. 240 to the low bidder, NewMech Companies, Inc., with a dec�uct of $35,000, for a totai amount of $658,000. Seconded by Councilman Billings. Upon a vaice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. AWARD CONTRACT FOR THE LEASE/PURCHASE OF A SIDEWALK SNOWPLOW AND ACCESSORSES (TABLED OCTOBER 18, 1993 L Mayor Nee removed this item from the table. Mr. Flora, Public Works Director, stated that the Council received these bids at their October 18, 1993 meeting. MOTION by Councilman Schneider to award the contract for the lease/purchase of a sidewalk snowplow and accessories to the low � bidder, McQueen Equipment, Inc. for $14,572.29 per year for a three-year period beginning January, 1994 and authorize purchase of the two-way radio at $499 with the first lease payment in January, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVE CHANGE ORDER NO. 2 TO TWIN CITY ARMY AMMUNITION PLANT INTERCONNECT LINE. PROJECT NO. 248 (TABLED OCTOBER 18, 1993� MOTION by Councilman Billings to remove thls item from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to authorize Change Order No. 2 to the Twin City Army Ammunition Plant Interconnect Line, Project No. 248 in the amount of $41,903.80. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 94-1993 AUTHORIZING SUBMISSION OF THE GRANT APPLICATION ANA EXECUTION OF THE GRANT AGREEMENT - FEDERAL POLICE HIRING SUPPLEMENT PROGRAM 1TABLED OCTOBER 18, 1993)c MOTION by Councilwoman Jorgenson to remove this item from the ' table. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 1, 1993 PAGE 16 Mr. Sallman, Public Safety Direc�or, stated that the resolution before the Council is to authorize participation in the U.S. Department of Justice Police Hiring Supplement Program. He stated that the requirement £or this grant program is an agreement to continue the salary and benefits of officers hired under the grant at the end of the three-year grant period. He stated that the grant limit is $75,000 per officer for a total of $225,000 over a three-year period. The City�s match for that period is $148a491. MOTION by Councilwoman Jorgenson to adopt Resolution No. 94-1993, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. APPOINTMENT: CITY EMPLOYEES: MOTION by Councilman 5chneider to concur with the following appointments by the City Managere Name Herbert Zimmerman � Miahael Trancheff Todd Mitchell Position Lieutenant Exempt Sergeant Exempt Corporal Non-exempt Starting Salarv $53,619.84 per year $4,468.32 per month $49,216.80 per year $4,106.40 per month $20.32 per hour $3,535.74 per month Richard store $29,419.92 Johnson Manager per year EXempt $2,451.66 per month Seconded by Councilwoman Jorgenson. Starting Date Replaces Nov. 2, Gary 1993 Lenzmeier Nov. 2, Herbert 1943 Zimmerman Nov. 2, 1993 Nov. 16, 1993 Mr. Burns, City Manager, stated that three of these are promotional vacancies in the Police Department, is recommended that Herbert Zimmerman be promoted to Michael Trancheff be promoted to Sergeant; and Todd promoted to Corporal. Michael Trancheff Michael Larson appointments He stated it Lieutenant; Mitchell be , Mr. Burns reviewed each of these officers backgrounds, �he number of years of service to the City, and their awards and recognitions. � � L _J FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 1, 1993 PAGE 17 Mr. Burns stated that Richard Johnson is recommended for appointment as Store Manager at the municipal liquor stores. He stated that Mr. Johnson had fourteen years of liquor store experience and a bachelor's degree in business administration. Mr. �urns stated that he was pleased to recommend these individuals for appointment. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 13. ESTABLISH PUBLIC HEARING FOR AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manger, stated that the Charter Commission is in the process of reviewinq the Charter, has approved ahanges to Chapter 4, and is requesting that Council establish a public hearing for these proposed changes. Councilman Schneider stated that with Councilman Fitzpatrick's resignation, the public hearing should probably be held when there is a full Council. Mr. Hunt stated that he did not think the Charter Commission would object if the public hearing was held at the Council's second meeting in Sanuary, 1994 so there would be a full CounciYe Councilman Billings stated that it may be appropriate to table the item at this time. Councilman Schneider stated that if there was no objection, he would move as follows: MOTION by Councilman Schneider to set the public hearing on this proposed ordinance amendment to Chapter 4 of the City Charter at the first regularly scheduled meeting after January 15, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslya 14. EXTEND SPECIAL USE PERMIT, SP #90-07, AND VARIANCE, VAR #90-30, BY PATRICK AND RITA BOYLE, FOR PROPERTY GENERALLY LOCATED AT 6261 RAINBOW ARIVE N.E.: MOTION by Councilman Billinqs to extend Special Use Permit, SP #9�-07 and Variance Request, VAR #90-30 until November 1, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO, 95-1993 FOR SUBMISSION OF GRANT APPLICATION TO THE STATE BOARD OF GOVERNMENT INNOVATION AND COOPERATION FOR THE PROPOSED REGIONAL SENIOR CENTER: MOTION by Councilman Schneider to adopt Resolution No. 95-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 1, 1993 PAGE 18 � 16. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reportse 17. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nose 52243 througta 52486. Seconded by Councilman 5chneider. iTpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. LICENSESe MoTION by Councilwoman Jorgenson to approve the license as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: � Northwest Asphalt, Inc. 1451 County Road 8 Shakopee, MN 55379 Street Improvement Project No. ST. 1993 - 1& 2 Estimate No. 5 0 , o . . , . . . . , o , o , $135, 937.74 Seconded by Councilwoman Jorgenson. Upon a voice vote, a11 votittg aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 1, 1993 adjourned at 10:27 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor � Approved: