02/23/1998 - 00000996�
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
FEBRUARY 23, 1998
The Regular Meeting of the Fridley City Council was called to order
by Mayor Sorgenson at 7:3D p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of
Allegiance to the Flag.
ROLL CALL•
MEMBERS PRESENT:
MEMBERS ABSENT
APPROVAL OF MINUTES:
Mayor Jorgenson, Councilman Barnette,
Councilman Billinqs and Councilwoman Bolkcom
Councilman Schneider
COUNCIL MEETING, FEBRUARY 9, 1998.
MOTION by Councilman Barnette to approve the minutes as presented.
Seconded by Councilwoman Holkcom. Upon a voice vote, a11 voting
aye, Mayor Jorgenson declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
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RESOLUTION NO. 14-1998 APPROVING AND AUTHORIZING SIGNING PN
AGREEMENT FOR POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE
DEPARTMENT FOR THE YEAR 1998:
Mr. Burns, City Manager, stated that this agreement provides
for a three percent cost of living ad�ustment for 1998, It
also extends the City's practice of paying the cost of
licensure for Police Officers at a cost of $840 per year for
members of the bargaining unit. The contract provides for
payment of Field Training Officers at the minimum rate of one
hour of overtime per shift. This provision will cost about
$1,400 per new Police Officer. Mr. Burns stated that the City
has completed the Uniform Baseline and Settlement form
required by Minnesota law.
ADOPTED RESOLUTION NO. 14-1998.
APPROVE CHANGE ORDER NO. 4 FOR I-694/TH 47 NE RAMP
RECONSTRUCTION PROJECT NQ. ST. 1497-3:
Mr. Burns, City Manager, stated that the Minnesota Department
of Transportation has added a minor work order to cover
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FRIDLEY CITY COUNCIL MINUTES OF FEBRUARY 23, 1998 PAGE 2
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bituminous milling at the �uncture of ramp pavement with
existing pavement. The net cost of this change order is
$193.40 and brings the revised contract for this pro�ect to
$473,292.81. The actual cost for amounts covered by unrt
prices reduces the final payment to $455,984.99.
AUTHORIZED CH�INGE ORDER NO. 4 FOR I-694/TH 47 NE RAMP
RECONSTRUCTION PROJECT NO. ST. 1997-3 WITH FOREST T•n�'
CONTRACTING, INC. IN THE AMOUNT OE $193.40.
RECEIVE BIDS AND AWARD CONTRACT FOR SANITARY AND STORM SEWER
REPAIR PROJECT NO. 319:
Mr. Burns, City Manager, stated that bids for the 1998
sanitary and storm sewer repair pro�ect were opened
February 19. The lowest bid received was from Insituform
Central, Inc. in the amount of $198,865. This amount is well
within the $225,000 budgeted for these pro�ects. Staff
recommends awarding the contract to the low bidder.
RECEIVED THE FOLIAWING BIDS FOR SANITARY AND STORM SEWER
REPAIR PROJECT NO 314:
Bidder
Insituform Central, Inc.
Visu-5ewer Clean & Seal, Inc.
Lametti & Sons, Inc.
Municipal Pipe Tool, Inc.
Total Bid
$198,b65 00
$201,624 50
$218,830.00
$285,260.00
AWARDED THE CONTRACT FOR SANITARY AND STORM SEWER REPAIR
PROJECT NO 314 TO THE LOW BIDDER, INSITUFORM CENTRAL, INC. IN
THE AMOLTNT OF $198,865.00.
RECEIVE BIDS AND AWARD CONTRACT FOR MISCELLANEOUS CONCRETE
CURB AND GUTTER AND SIDEWALK PROJECT NO. 315:
Mr. Burns, City Manager, stated that the bids for this pro�ect
were opened February 18. The low bid was submitted by Ron
Kassa Construction in the amount of $52,825. This pro�ect is
for remedial curb, gutter and sidewalk work due mainly to
utility repairs or driveway entrance permits. Staff
recommends the contract be awarded to the low bidder.
RECEIVED THE FOLIAWING BIDS FOR MISCELLANEOUS CONCRETE CURB
AND GUTTER AND SIDEWALK PROJECT NO. 315:
Bidder
Ron Kassa Construction
Landmark Concrete
Gunderson Bros., Inc.
Total Bid
$52,825,00
$53,103.00
$57,877.50
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FRIDLEY CITY COUNCIL MINUTES OF FEBRUARY 23, 1998 PAGE 3
Bidder Total Bid
Scandy Concrete $58,050.00
Thomas & Sons Construction, Inc. $63,280.00
Independent Curb $65,475.00
Curb Master, Inc. $69,125.00
Victor Carlson & Sons $69,950.00
AWARDED THE CONTRACT FOR MISCELLANEOUS CONCRETE CURB AND
GUTTER AND SIDEWALK PROJECT NO. 315 TO THE LOW BIDDER, RON
KASSA CONSTRUCTION, RICHFIELD, MINNESOTA, IN THE AMOUNT OF
$52,825.00.
5. CLAIMS:
AUTHORIZE
6. LICENSES:
PAYMENT OF CLAIMS NO. 79183 THROUGH 79389.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
7. ESTIMATES:
APPROVED THE ESTIMATES, AS FOLLOWS:
Forest Lake contracting
14777 Lake Drive
Forest Lake, MN 55025
TH 47 and I-694 Ramp NE Reconstruction
Pro�ect No. ST. 1997-3
Estimate No. 5 . . . . . . . . . . . . . . . $4, 218. 15
No persons in the audience spoke regarding the proposed consent
agenda.
MOTION by Councilwoman Bolkcom to approve the consent agenda items.
Seconded by Councilman Barnette. Upon a coice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Billings to adopt the agenda as submitted.
Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
� FRIDLEY CITY COUNCIL MINUTES OF FEBRUARY 23, 1998 PAGE A
PUBLIC HEARING:
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REPEALING CHAPTER 407 OF TAE
Y. AND ADOPTING A NEW CHAPTER
MOTIQN by Councilwoman Solkcom to waive the reading of the public
hearing notice and open the public hearzng. Seconded by Councilman
Sillings. Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously and the public hearing
opened at 7:37 p.m.
Mr. Flora, Public Works Director, stated that in 1997, the
Legislature established Chapter 123 dealing with the management of
the public right-of-way. The statute enabled the crties to adopt
an ordinance for the management of the public right-of-way for
utilities placed within it effective March 1, 1998, with the
assumption that rules from the Public Utllities Commission would be
available at that time. Mr. Flora stated that the Public Utilities
Commission is requesting an extension for establishing the right-
of-way rules and, therefore, the rules will not be available until
� sometime in 1999.
Mr. Flora stated to ensure that the Clty has some control of the
right-of-way for the 1998 construction season, it is necessary to
adopt a right-of-way ordinance. This ordinance establlshes the
City's right to manage the right-of-way and the utility companies
that place their utilities in the rights-of-way. It covers permits
and administration and imposes reasonable regulations on providers
that use the public rights-of-way. This ordinance also proTaides
for recovery of out-of-pocket and pro�ected costs from persons
using the public rights-of-way. It requires reimbursement or
return to the public for the use value of the public rights-of-way
from those who obtain revenue or profits from such use in the form
of a user fee.
Mr. Flora stated that the ordinance outlines the required permits,
the conditions for issuance of a permrt, and the fee. It covers
right-of-way patching and restoration, as well as �oint and
supplementary applications. The criteria for denial and recocation
of a permit is outlined and provides for emergency work to be
completed without a permit. The ordinance outlines the mapping
information to be provided and location and relocation of
facilities, as well as indemnification and liability. It also
addresses abandoned and unusable facilities.
� Mr. Flora stated that the fees are based on staff's time to issue
the permit In addition to the fees outlined in the proposed
ordinance a registration fee of $22.50 should be included. This
proposed ordinance was sent to the companies that operate utilities
� FRIDLEY CITY COUNCIL MINUTES OF FEBRUARY 23, 1998 PAGE 5
in the City. Letters were received from Paragon Cable and
Minnegasco.
MOTION by Councilman Barnette to receive the letters from Ms. Kim
Roden of Paragon Cable dated February 23, 1998 and from Mr Richard
Pi1on of Minnegasco dated February 23, 1998. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Jorgenson declared the motion carried unanimously.
Ms. Roden, Paragon Cable, stated that she spoke with Mr. Flora last
Friday and has submitted some of their comments in the letter
received by the City Council. She suggested that language for
those companies that already have franchises with the City be added
to this ordinance indicating that the franchise is the prevailing
document. She also requested that Paragon Cable be exempt from
paying permit fees, as they are the only company in the right-of-
way now that pays franchise fees to the City.
Mr. John Theis, Community Service Manager for Northern States Power
Company, submitted a letter regarding their comments on th�s
ordinance. He felt this ordinance was much improved over past
versions; however, 1�TOrthern States Power stlll has many remaining
concerns about the proposed language. These concerns include the
� requirement to register with the Crty annually, the requirement to
post bonds, Lhe inclusion of "user fees," the undergrounding
provision, the indemnification language, and the potential
requirements for arbitrary relocations and removal of abandoned
equipment. Mr. Theis stated that Northern States Power is trying
to work out a franchise now with the City. He hoped they could
work with the Crty on this ordinance.
MOTION by Councilwoman Bolkcom to receive the letter from
Mr. Theis, Northern States Power Company, dated February 22, 1998.
Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, Mayor Jorgenson declared the motion carried unanimously.
Mr. A1 Swintek, Local Government Relations with Minnegasco, stated
that Minnegasco understands the City's right-of-way management
concerns. He stated they are looking forward to work_ing with the
City to try to develop language that meets everyone's needs As a
franchise utility, Minnegasco has an existir_g franchise agreement
with the City that addresses some of the concerns in this
ordinance. He contacted Bill Hunt, Assistant to the City Manager.
Mr. Hunt suggested that Minnegasco submit their comments in
writing.
MOTION by Councilwoman Bolkcom to recelve a letter from Al Swintek
of Minnegasco dated February 23, 1998 Seconded by Councilman
� Barnette Upon a voice vote, all voting aye, Mayor Jorgenson
declared the motion carried unanimously.
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FRIDLEY CITY COUNCIL MINUTES OF FEBRUARY 23, 199B PAGE 6
Mr. Swintek stated that Minnegasco's existing franchise agreement
with the City specifies that location, construction, installation
and maintenance of the gas utilities need to be done so as not to
endanger or unnecessarily interfere with traffic, travel and use of
public ground; specifles the need to obtain a permit and Fridley's
right to impose a reasonable fee; specifies that restoration will
be done to as good a condition as rormerly and that Minnegasco
shall exercise reasonable care to maintain the repair for two years
thereafter in good condition; specifies the need to promptly,
permanently relocate its facilities or equipment whenever the City
orders such relocation; specifies that Minnegasco may be required
to install gas service connections prior to paving or resurfacing,
whenever rt is apparent that gas service will be required during
the five years following the paving or resurfacing; and specifies
that Minnegasco shall indemnify, keep and hold the City and its
elected officials and employees harmless from any and all claims
resulting from operation of Minnegasco's property located in, on
over, under or across public ground of the City
Mr. Swintek stated that Minnegasco is requesting that Council
encourage City staff to work with them and the other utility
companies on the language differences that exist. He also wanted
the City to give serious consideration to adding language that
would recognize an exception and/or exemption for utility companies
that have franchise agreements in place
Mr. Pilon, Right-of-Way and Permit Engineer for Minnegasco, stated
that he has addressed his concerns in the letter received bV the
City Council One of his biggest concerns is the user fee for use
of the public right-of-way. Minnegasco pays personal property
taxes for those utilities including $22,000 in 1997. There is some
concern with abandoned facilities and protection of utility
facilities by City contractor crews. He supported a good
management ordinance; however, issues not addressed must be
discussed. He requested that there be further discussion on this
ordinance before it is passed.
Mayor Jorgenson thanked everyone for attending this meeting. She
stated the City has had very good working relationships with all
the companies and appreciated their service to the community.
No other persons in the audience spo}-e regarding this proposed
ordinance.
MOTION by Councilman Barnette to close the public hearing.
Seconded by Councilwoman Bolkcom.
Councilman Billings stated that this ordinance originated from a
League of Minnesota Cities task_ force. He asked if any other
cities have passed a similar ordinance.
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FRIDLEY CITY COUNCIL MINUTES OF FESRUARY 23, 199B PAGE 7
Mr. Flora stated that the cities of Oakdale, Roseville and Coon
Rapids have passed ordinances. He thought other cities were in the
process of tryinq to get an ordinance passed in March.
Councilwoman Bolkcom asked what would be the process after
receiving all the comments.
Mr. Flora stated that the task force has worked on this ordinance
for a year. A number of changes were implemented and the comments
can be reviewed. He believed there could be some changes He
hoped to present this ordinance for first reading at the first City
Council meeting in March. If agreeable to the City Council he
would like the ordinance adopted at the second City Council meeting
in March.
Mayor Jorgenson felt the City should take into consideration the
franchise agreements the City already has with companies and
address their concerns.
Mr. Flora stated
standards and a
and mapping.
addressed.
that the last task force came up with engineering
series of criteria for reconstructing the streets
Some of the other issues have still not been
Councilman Billings asked if the Public Utilities Commission's
recommendations would replace this ordinance.
Mr Flora stated that they probably would not have a recommendation
until July, 1999, but the City has tne authority to adopt an
ordinance now. At a later date the City may have to modify the
ordinance to comply with rules adopted by the Public Utilities
Commission.
Councilman Billings asked if it would be logical to have the
streets, sewer, and water departments of the City covered under
this ordinance.
Mr. Flora stated that it was the intent not to charge the City
departments because that would �ust be a paper transfer of dollars.
It was intended that revenues from other permits would go into the
street utilrty fund for maintenance and operation of the system.
Councilman Billings asked if the mapping also included the City
departments as well. Mr. Flora answered in the affirmative.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor Jorgenson declared the motion carried unanimously and the
public hearing closed at 8.09 p.m.
� FRIDLEY CITY COUNCIL MINUTE5 OF FEBRUARY 23, 1998 PAGE B
9. INFORMAL STATUS REPORTS:
RECYCLING REPORT BY SULIE JONES, RECYCLING COORDINATOR:
Ms. Jones, Recycling Coordinator, presented the 1997 year-end
recycling report. The City achieved Anoka County's recycling goal
by only one ton for a total tonnage of 2,469 or an increase of 150
tons from last year. There are three components to the recycling
program; curbside, multi-unit buildings, and the recycling center.
The curbside program had a definite impact on the tonnage
collected, as there was an 11 percent increase, and the
participation rate increased by 14 percent. The average pounds
collected per household increased from 403 t_o 437 pounds. The
citizen survey results show that residents approve of recycling
plastic and the weekly recycling.
Ms Jones stated that for the recycling in the multi-units
buildings, 25 more tons was collected than in 1996 Apartment
residents only recycle 132 pounds per household which is only 30
percent as much as the curbside program. She stated that not all
the private haulers are reporting recycling numbers.
Ms. Jones stated that the recycling center had a drop in tonnage in
� 1997 of 22 percent. Possible reasons for the decrease are the
collection of more materials at curbside, improvements to recycling
programs in other communities, and changes in packaging. She
stated that $7,000 per year has been eliminated for the clean-up
day, and $1,50� was generated in revenue in only three months by
adding appliances, fluorescent lamps and scrap metal. The center
suffered financially due to the drop in aluminum collected. The
citizen survey showed residents like the changes at the recycling
center, and 94 percent stated they recei-ved good or excellent
service. There is no strong desire for change, and 53 percent felt
the center should remain open, even if it is not self-supporting.
Ms. Jones stated that the goals for 1999 are to boost curbside
participation and multi-unit recycling weights, as well as increase
aluminum receipts at the recycling center.
Councilwoman Bolkcom asked if there are certain areas in the City
that are not recycling
Ms. Jones stated that participation in some areas is better than
others.
Mayor Sorgenson asked if there are figures available on the amount
of aluminum being recycled at curbside
� Ms. Jones stated that Super-Cycle categorized both steel and
aluminum cans together. She said she would check on how it is now
reported.
� FRIDLEY CITY COUNCIL MINUTES OF FEBRUARY 23, 1998 PAGE 9
Mayor Jorgenson stated she understands that box board is no longer
accepted at the recycling center.
Ms. Jones responded that this was an option with the recycling
contract; however, there would be additional cost. Because box
board is taken at curbside, this option was not exercised.
Mayor Jorgenson suggested putting recycling containers in the parks
to add to the tonnage.
Ms. Jones stated that if plastic is brought to the recycling center
it would cost the City.
Ms. Sones stated that Anoka County is encouraging cities �o change
their licensing so that haulers who do not report recycling numbers
will not receive a garage license. it is something the City may
want to consider in the future if this continues to be a problem.
Councilman Billings stated that a letter should be sent to all
haulers regarding reporting and the possibility of a change in the
license process if there is not compliance
Mayor Jorgenson stated that fees have to be in line wlth the cost
� for administration; however, if the City does not make their
tonnage rt would result in decreased revenue
Mr. Burns, City Manager, stated that other issues to be discussed
informally were a request to serve wine, on a one-time basis, at
Springbrook Nature Center; the potential for a 79th Avenue railroad
crossing; and a letter from Tom Hovey of the Department of Natural
Resources regarding the water 1eve1 at Locke Lake.
ADJOURNMENT :
MOTZON by Councilman Barnette to ad�ourn the meetinq. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all votzng aye, Mayor
Jorgenson declared the motion carried unanimously and the kegular
Meeting of the Fridley City Council of February 23, 1998 ad�ourned
at 8:30 p.m.
Respectfully submltted,
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Carole Haddad Nancy J. Jorgen��on
5ecretary to the City Council Mayor
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