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01/12/2009 - 29221SPECIAL CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 12, 2009 The Special City Council meeting for the City of Fridley was called to order by Mayor Pro Tem Barnette at 5:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Barnette OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director James Kosluchar, Public Works Director John Baker, Greene Espel, PLLP Monte Mills, Greene Espel, PLLP ADOPTION OF AGENDA: OLD BUSINESS: 1. Receive Bids and Award Contract for the 85t'' Avenue Trail Project No. ST2008-03 (Tabled January 5, 2008) (Ward 3). MOTION by Councilmember Bolkcom to receive bids and award contract for the 85th Avenue Trail Project No. ST2008-03 (State Project 127-050-12) to Colt Construction Services, LLC of Pewaukee, WI, in the amount of $772,638.70, conditional upon approval by the MnDOT EEO Office. Seconded by Councilmember Saefke. Councilmember Bolkcom asked when the project would start. James Kosluchar, Public Works Director, replied they will have preconstruction meetings scheduled within the ne�t two weeks and they will start by the end of 7anuary. UPON A VOICE VOTE, COUNCILMEMBER BARNETTE, COUNCILMEMBER SAEFKE, COUNCILMEMBER VARICHAK AND COUNCILMEMBER BOLKCOM VOTING AYE, AND MAYOR LUND ABSENT, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY SPECIAL CITY COUNCIL MEETING OF JANUARY 12, 2009 PAGE 2 NEW BUSINESS: MEETING CLOSED DUE TO LITIGATIONDISCUSSION. MOTION by Councilmember Varichak to reopen the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Resolution Approving the Settlement of the Lawsuit Against the City of Fridley Brought by Main Street Fridley Properties, LLC, Commercial Property Investments, Inc., and Jeffrey L. Nielsen (Ward 3). MOTION by Councilmember Bolkcom Adopting Resolution No. 2009-05. Seconded by Councilmember Barnette. Councilmember Bolkcom asked if they needed to include the agreement. John Baker, Attorney with Greene Espel, PLLP, replied the agreement is part of the resolution. If the resolution passes, the settlement agreement will not be executed immediately. It will be once the detail of all the attachments are worked out. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Saefke, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 6:05 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor