05/16/1988 - 00010767�
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TE� MIIVO`1�S OF 'Pi� REG[TLP.R MEEPING OF Tf� FRIDLEY CITY COUNCIL OF MAY 16 ,
1988
The Regular Meeting of the Frldley City Council was called to order at 7:40
p.m. by Mayor Nee.
PLEDGE OF AIS,EGIANCE•
NLzyor Nee led the Council and audience in the Pledge of F11egiGnce to the
Plag.
ROLL CALL:
NsERS PRESENT:
M�yor Nee, Councilwack-in Jcrgenson, Counci]mar
Schneider, Councilman Fitz�trick and Councilman
Billings
w���: �C : 9� Y ...
PROCLAMP.TION:
VETERAN' S BL7DDY L�)PPY DAY - MAY 20, 1988:
I�yor Nee read and presented this procl�nation to Ruc� Nessn�i, Ccn¢nancier of
the Fridley VFW Post 363. Mr. Dlessman introduced Puth St�rk, Frldley
Av�;iliary Chaiiman for Buddy Pop� Day and Poppy Queen, Ju1ie Qldakaaski.
APPROVAL OF MINUS'ES:
�NPINCTED BOARD OF REVI�I. MAY 2. 1988:
MOTION by Councilman Schneider to apprave the minutes as presented.
Seconded by Councilwanan Jorgenson, Upon a voice vote, all voting �ye,
Mayor Nee declared the motion carried unanimously.
CCATDiCIL MEETING, MAY 2. 1988:
MpTION by Councilman Schneider to apprave the minutes as presented,
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
ADOPPION OF AGENDA•
NDTION by Councilman Fitzp�trick to adopt the agenda as submitted. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response frcan the audience under t1,is it�n of business.
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PUBLIC HF:ARTiaG ON Tf� REALLOCATION OF COMMUNITY DEVELOPMENT
FCIIVDS:
M)'I'ION by Councilman Fitz�trick to waive the rea_ding of the public hearing
notice and open the public hearing. Seccnded by Councilwoman Jorgenson,
IIpon a voice vote, all voting aye, Mayor Nee declared the motion c�rried
unanimously and the public hearing opened at 7:45 p.m.
Mr. Robertson, Community Development Director, stated there are two
proposals which irn>olve the reallocation of tlie remaining Community
Development Block Grant (CDBG) funds designated for commercial
rehal�ilitation. He stated in March, 1988, the Council reallocated $8,181 of
these funds for the Riveiview Heights pro7ect, leav9ng a bzlance of $24,544,
He stated in addition to this amount, the Council allocated $6,302 of the
1988 CDBG funds for carmlercial rehabilitation for a total fund balance for
1987-1988 of $30,846.
Mr. Robertson stated the North Suburban Center for Lhe Psts {NSCA) is
requesting additional fimding for the Locke House Restoration pro�ect. He
stated additional funding is also required to clear and refurbish thE
Findell house in RivenriEw Heights. He stated Mr. Roser,ba�n, Chairperson oi
the FYuiding Raising Committee for NSCA, has prepared a proposal and is
requesting an additional $16,270 in order to complete the interior
restoration of Locke Nouse. Mr. Robertson stated the Riverview Heights
project requixes additional funding in orcler to clear the gar�ge, clean trie
site, and redesic�n the princi�al structure of the Findell house as an open
air �rk shelter. Ae stated work allaved under the C�BG crlteria woulcl be
clearing the garage and c]�snantling the h�use. He stated it is recommended
the renaining funds, $14,576 if the Council alloc�tes the $16,270 to the
Locke House, in the commerical rehabilitatien pool be allocated to the
AiveiviEw Heights pro7ect.
Mr, Harry Rosenba�un presented the plan for the Locice House. He stated trie
outside has been refurbished, but the 516,270 they are requesting woulc�
allav them to furnish and finish the first floor interior and thcy �n�ould be
able to apen to the public. He felt the Fund Raising C�unittee could raise
the balance of the funds necessary within their own operation. He statecl
they had a successful fund raising last week that enabled them to raise
$2,000. Mr. Rosenbaiun stated once Locke Y.ouse is open to the public, he
felt it would be easier to raise the additional funding that is needed in
order to make it a good place for the whole cammu�ity.
No other persons in the audience spoke regarding the reallecation of these
Con¢muiity Develognent Block Grant fLnds.
NDTION by Councilman Fitz�trick to close the public hea.ring. Seconded by
Councilman Billings. Upon a voice vote, �11 voting aye, Mayor DTee declzred
the motion carried nnan�mously and the publtc hearing closed at 7:52 p.m.
PUBLIC FIEAI2ING ON CONSPRUCPION OF CERTAIIV IMPROVII�9QVTS ON STREET IMPROVIIKQ�TI'
PRQTECP N0. SP 1988 - 1 & 2 (�ONTINUID ET20M 5-2-88) :
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FRIDLEY CITY �UNCIL MEETING OF MAY 16, 1988
' Mayor Nee reopened the public hearing on p�rt of this improvement project,
which was continued frcm the N33y 2 meeting, the 51st Way Street Improvenent.
D7r. Flora, RJ�lic Works Director, stated at the public hearing on A7ay 2,
information was rcceived and there was d�scussion on the cost ciistribution
for the intersectian and si�cnal portions of the 51st Way Street Improvanent.
He stated as a result of the questions raised by Burlington Northern and the
East River R�d developer�, the costs for the intersection and signals have
been redistributed to the County and City. He stated the remaining costs
for entrance and street improvements will be distributed to all of the
�rties.
Nh�. Flora stated the City has obtained an easement and an agreement fran the
1Vavy and FMC for the waterline construction a]ong 51st Way, haaecer, it now
appears the Navy chooses to redefine their funding mechani sifor the roadway
imprwanent. He stated wYule all of the parties essentially support the
impravanent of 51st Way and East River Road with permanent silnals and
traffic mntrols, it appears that the Navy may take a consic�erable amount of
tune, through their review process, before a final decision is made on the
cost �rtici�tion.
Mr. Flora stated he would recarunend the Council close this public hearing
for the 51st Way Impravanent Pro�ect. He stated this Fortion of the project
will be bid sepsrately so if the funchng cannot be workec� out with the N�vy,
the bid can still be awarded for the other pro�ects covered under this
unprwanent proj ect.
� MYPION by Councilman Fitzpatrick to close the public hearing. Seconded by
Councilman Schneider. Upon a vaice vote, all voting aye, NLyor Nee declared
the motion carried unanimously and the public hearing closed at 7:55 p.m.
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NF3yor Dlee stated he would like a petition for these improvements from the
Fast River P�d Business Center. Mr. Flora stated staff will continue to
work with than on this pro�ect.
C�]J�iSi�y���Y.Ya
3. x OP,DINANCE N0. 905 APPROVING A VACATION, SAV #87-D7, TO VACATE THE 12 FOOT
ALLEY IN BLOCK 5, HYDE PARK, LYING NORTH OF THE SOUTH LINE OF LOT 22,
�m�nmED FA�r�aT,y AND SOUTH OF Tf� NORTH LINE OF LO'I' 30. F�mID EASTERLY.
LOCATID BETWEEN 61ST AVENUE AND 60TH AVEN[JE AND BETWEEN 3RD STREET AND
UNIVERSITY AUIIV[TE, BY WAYI� JOHN�N:
MYPION by Councilman Billings to waive the reacling and adopt Ord�nance No.
905 on second reacling and order publication with the follaving stipulations;
(1) a utility easenent to be retained over the entire portion of the vacated
alley; [2) petitioner to install a hard surface drive to 3rd Street in
conjunction with construction of the garage; (3) garage location contingent
upon �ssage of a resolution by Council authorizing a specified distance of
encroaclmient into retained easement and the City's conveyance of east half
of alley to owners west of alley; (4) petitioner to escraa funds with Public
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*As amended 6y the City Council at the Fridley City Council Meet�ng of July 25, 1988
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Works Departrnent sufficient to cover curb work for cut on 3rd Street; (51
diunpster to be fu11y screened; (6) landscapirig to be installed on the east
side of the garage once completed to screen from University Avenue; (7)
proper pa.aer line clearance must be maintainecl upon gar�ge constructlon (8
feet for over a flat roof, 4 feet over a sl�nted roof as per NSP
reqw.rements); and (81 petitioner to post a bond or letter of credit to
cover driveway improvement. An escra�a for a City contractor installed
drivevay may be acceptable. Seconded by Councilman Fitzpatricl�. Upon a
voice vote, all voting aye, Mayor Nee decl�red the motion carried
unanimously.
OF A ;
CNG ON
ST, SP #88-OS
LEAF ADDITION
, TO ALLOW A SECOND
C7AVE:R. PLACE N.E., BY C�RALD LIND1VEIt:
Councilman Billings stated Nh�. Lindner is out of tavn and will not be able
to attend this meeting.
NDTION by Councilman Billings to table this item. Seconded by Councilman
Fitzpatrick. Upon a voice vote, al] voting aye, Nkzycr Nee declared the
motion carried unanimously.
NEW BUSINESS:
C�Ta�r�Ii]�ZiIi �Ii OwM7
S AGREEMENT FOR RE
Mr. Robertson, Caeununity Development Director, st�ted this �oint powers
agreement with Anoka County covers recycling, composting, and waste
reduction activities between July 1, 1988 arcl June 1, 1989. N� stated it is
important to note there has been a change in the County's Solid Waste
Abat�nent Flan. He stated the City' s recycling reunburs�n�nt vaill be bzse�
or_ tons recycled. He stated under this funcling, the City coulcl receive as
much as $20,475 or as little as $1,076. Ntr. Robertson stated the General
F1uid contribution to the recycling program, if the tonnage goal of 572. tons
plus 10% is meY_, would he $7,170. He stated, haaever, this figure wil7. v2zy
with the amount of tons recycled.
Councilman Schneider asked what the cost would be if tliis agreement was in
force today, Mr. Rpbertson stated about $7,000 as the City has met the goal
so far.
Councilman Schneider stated unless sa�th�ng drastic happens, the figures
prdx�bly wouldn't change. D4r. Rnbertson stated Fridl�y has been the leader
in the Coimty for �rticiFation, He stated in tl-ie worst scenario, the City
woulcl get as little as $1,000 and the City's subsidy would have to be
increased.
Councilman Schneider asked if the ayreement coulcl be terminated. Mr.
Rcabertson stated it could, but it is in the best inYerests of the City to
�rticip�te in crder to cbtain this subsia�.
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ERIDLEY QTY Q�IINCII, N�PING OF MAY 16, 1988
� NDTION by Councilman Schneider to authorize the City M3nager to entei znto
this Joint Ft�n+ers Agreenent with Anoka County for local landfill abatement
activities. Seconded by Councilman Fitzpatrick. Upon a vcice vote, �11
voting aye, Msyor Nee declared the motion carried unanimously.
6. RECEIVING TF� PL�bII�TING �MNffSSION NIINUTES OF NAY 4, 1988:
A. �NSIDII�ATION OF A REZONING ZOA #88-01, TO REZONE FROM R-3
{(;FT�'RAT, �,TIPLE I7WELLING) TO CR-1 (GIIVERPL OFFICE) ON PA
OF L�OTS 2 AND 3, AUDITOR'S SUBDIVISION N0. 25, Tf� SAME BE
1001 HILLWIND ROAD N.E.. BY CI3II2YL STINSKI:
NDTION by Councilman Schneicler to set the public hearing on this rezoning
rc-�uest for Sune 6, 1988. Seconded by Cvuncilman Billings. Upon a vo�ce
vote, all voting aye, N�yor Nee declared the motion carried unanunausly.
B. I`I'EM EROM THE NIINOTES OF THE APPEALS CONII�SSION
APRIL 26, 1988:
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� Mr. RoY>ertson, Ccc�rtrtunity Develo�anent Director, stated this variance request
had originally cwered variances for the two sice yards as well as a front
yard variance, havever, the petitioner withdrew his request for the frant
yard variance at the Appeals C�mission meetinR. He stated the petitioner
stated the hardship was this one story Tr shaped ramblen c�ane requires a s�c�e
yard variance for the main level floor pl�n and variances would rnaintain
continuity of existing hcmes on the block.
Mr. RaUertson ncted that last year another perscn wished to build a house on
this property with six a foot set]�ack and the Appeals CcRmlission denied the
variance, haaever, the layout was changed of the pzoposed home and then
apprcared by the City Council. N� stated the petitioner never did builcl on
the site.
D4r. Robertson stated the Appeals Ccn¢cussion has recca�¢nended denial of both
of these side yard variances on the east �nd west.
Mr. Buchli, the petitioner, stated the Appeals Commission denied the
variances and stated this house would be toe close tc neighboring hcmes. He
stated the edjacent hames have setbacks of 18 and 35 feet. He felt he
wasn't given a valid reason why the Camm ssion felt it was too close.
Councilman Fitzp�tnck stated the setbacks to which Ms. 13uchli is referring
are on his neighbor's property. He statecl it is true the c�istanee betweer_
his proposed hane and the ones on either side are 18 and 35 feet, but only
� 10 feet is on Mr. Buchli's property. He stated the probl�n is I�s. Buchli
wishes to construct a hane which is 65 feet wide on a 75 foot wicle lot. Ne
stated it seems there are other possiblc building pl�ns which wouldn't
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FRIDLEY CITY COUNCIL ME�T7NG OF MAY 16, 1988
, rFrn,;re a variance.
Mr. Buchli stated he applied for the variances �ecause this is the type of
hane he wishes to build,
N�. Herrick, City Attorney, stated he didn't see a shaving of harclship and
felt, if the variance was granted, it woulcl be setting a ba� precedent. He
stated since this would be new construction, there are many hame desilns
that would fit on that lot.
Mayor Nee stated in order tc grant the varlance there must be a finchng that
there is a problen with t1�e lot and, in this case, there i�n't a problcin.
Mr. Doug Peterson, awner of Lot 5, stated he has no problem with the
variance.
Ms. I�ry Boedigheimer, avner of Lot 6, stzted she lives three lots fram Mr.
Buchli's lot and objects to the variances. She also felt a v�riance may be
requested in the future for Lot 5.
Nir. Nick DeGroot, a,mer of Lot 2, stated he appioved of the vaxiance given
last year to a City anplcr�ee and if the Council cloesn"t grant this varianee,
he didn't believe it was fair. He stated if you allaw v�riances for oi�e
person, they should be allaved for another.
' Councilman Schneider asked if the Council should allcw zny building on that
property regardless of the size,
Mr. DeGroot stated that_ both neighbors have no ob�ection to the variance.
He stated Mr. Buchli will be 18 feet from h�s home and 35 feet from the
other adj acent property a�,*ner.
Mr. Ibug Peterscn stated he could not see any future variances for Lot 5,
but a vasiance may be required for Lot 8.
1K�yor Nee stated he has to consider the Clty P_ttorney's opiruon and, in this
case, it is an extrene variance and there really isn't any particular need
for it.
MYPION by Councilman Fitz�atrick to concur wlth the recommendation of the
Appeals Car¢ni�sion and cleny this variance r�uest, VAR i�88-04, to reduce the
r�n,;red side yard setbacks fran 10 to 5 feet on the east and west sides of
Lot 3, Block 1, Oak River Estates. Seconded by Councilwoman Sergensen.
Upon a voice vote, all voting aye, Mayor Nee c3eclzred the motion carried
unanimously.
NDTION by Councilm3n Fitzpatrick to receive the minutes of the Planning
Ca�anission meeting of Dk�y 4, 1988. Seconded by Councilman Scluieic7er. Upon
a voice vote, all voting aye, Mayor Nee declared trie motion carried
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7. CONSIDERATION OF APPROVING FIVE TAX E'ORE'EIT LF7PS:
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FRIDLEY CITY �UNCII, MEEPING OF MAY 16, 1988
� Nh�. Flora, Public Works Director, stated there are five properties in the
City that recently went taY forfeit. He stated these p�rcels are identified
on maps with rnm�bers 5� to 54 corresponding with the rnmibering systen of the
attached Appraisal List 88-B. He stated it is suagested the Ceuncil
authorize approval of the sale of these frve properties, He stated munbers
50 and 51 are unbuildable and the p�rcels shoulcl be sold to property owners
abutting on the south and the City retain easemer�t for drainage purposes
over the entire area. Mr. Flora stated nlncl�er 52 is buildable if access and
utility easement can be abtained fran the avner c� the east half of the lot
and the property should perhaps be sold to that avner. He stated ntmiber 53
is tu�buildable by itself and should be scld to trie property owner to the
north. Mr. Flora stated rnmiber 54 is builGable if ponding anc� drainage on
the rear 40 feet of the lot is not affected �nci the lot should be sold to
highest bidder.
Councilman Schneider asked about the drainage situation on n�unber 54 in
North Innsbruck.
Mr. Flora stated this parcel has a 40 foot drainage easement to the rear
where most of the water poncls. He stated the lct becomes questionable as
far as being buildable. He stated, by code, it is a buildable lot.
Councilman Schneider stated nially of the lots in that �rea have si�niiicant
drainage behind than. He stated he is concerned if the lot is sold for
� develognent, what assurances the City woulcl have regarding the drainage. Fe
wondered if it m�y be best for the City to acquire the lot and use it for
drainage pi.isposes. He stated his concern is if the lot is filled, there m�y
l�e drainage prablans,
Mr. Flora stated because there is a recercled 40 foot c;rainage easement
across the back of the lot is probably why the lot hasn't developed. He
stated if it was to be develo�d, when the plan is submitted, the City would
have to insure that the drainage easanPnt wasn't affected. He stated the
majority of the drainage is on the bacic of this 1ot and a lot of the
drainage in the area collects in that depresslon.
Mr. Flora stated staff could look into the possibility of accnu ring the lot
for drainage purposes. He stated most of the detention ponds in the
Innsbruck area are all an private property.
N�. Herrick, City Attorney, stated the lots in North Innsbruck are rather
valuable and for the developer to let it go tax forfe9t, there has to be
some problem. Ee stated if it remains public property, the City will
probabl�r have to maintain it.
Mayor Nee asked if the property is used for dra�nage purposes, would it
imprave the drainage in the area? Mr. Flora stated it woulcl probably
benefit the two adjoining properties, but wouldn't be that benefzcial to the
other areas.
' Councilman Billings questioned the City's liability if the City acquires the
lot for drainage pi.u:poses and there is standing water on it versus the let
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I'RIDLEY QTY �C1NCII, D�'EPING OF MAY 16, 1988
belonging to a private aaner with a drainage P� sement.
Mr. Herrick stated if it is avned by the City and water acctunulates and some
ch�.ld is in�ured, there is the possibility of a claun against the City. He
stated fran u financial exposure, it is probably minimal. N� stated on the
other hand, if the property was controlled by a Tavnhouse Association, and
used as a water storage facility, the liability would be the santie. He
stated any time you have holding ponds in an w°ban area, you have some
concern about than, He stated it is beginning to be a common occurrence
with developers being required to hold water on their property. Ee stated
to be ccanpletely safe, holding ponds should probably be fenced with a sik
foot high fence.
Councilwnnan Jorgenson asked haa much water would be in the holding pond
after a signific�nt rainfall. Mr. F'lora statecl there is about a foot now
and with significant rainfall, it could be anytr7here from 1-1/2 to 2 feet.
Councilwanln Seraenson stated a child car ciran�n in two inches oi water.
N'ayor Nee stated he d�.dn't see a problem with not releasing this lot in
order that a study can be done on the feasibility of using it for drainage
ptuposes.
NDTION by Councilm3n Schneider to authorize stafi to notify the County to
dispose of the four tax for£eit properties iclentified as rnm�bers 50, 51, 52
� and 53 on Appraisal List 88-B, as reco�ended by stafi. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor DTee
declarecl the motion carried l�nanimpllSly.
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Mr. Flora stated he wrnil d notify the Count.y vhat the City is studying the
possible use of rnnnber 54.
8. G�ONSIDERATION OF RECEIVING AND REJECPING THE
'�'.'. �
�EET IMPROVEMENT
AND
CONSIDERATION OF A MOTION TO READVERTISE FOR BIDS: STREET IMPROVEMENT
PROJECT N0. ST 1988 - 10 (SE'�1LCOAT) :
MYPION by Councilman Schneider to receive the following bids for Street
Improvenent Project No. St 1988-10 (Sealcoat):
PLP.DIIiOLDII2
Astech Corp.
P. O. BaY 1025
St. C'ioud, M[�T 56302
Allied Blacktop
1D503 89th Ave. N.
M�ple Grove, NN 55369
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EID
$158,134.48
$158,796.47
SWEEPING
BID
$6,835.50
$2,357.07
ERSDLEY CITY Ox7NCII, MEEPING OF MP.Y 16, 1988
' Bittaninous Roadways
2825 Cedar Avenue
Minneapolis, MN 55313 5180,823.25 52,357.D7
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Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye,
NL3yar Nee declarecl the motion carried nn�n�mously.
Mr. Flora, Public Works Director, stated an itan on the bid sheet for street
sweeping before sealcoating caused considerable confusion to the bidders.
He stated ColLmibia Heights desires to incorporate the presweeping in their
contract which makes it difficult to deternune a lav l�iclder.
Mr. Flora stated the Coltmibia Heights City Council did reject the bids at
their last meeting and it is requested the Cnuncil also re�ect the bicls and
authorize readvertisement for bids. He stated the bic�s will be rewritten
with all it�ns as a bicl item to avoicl confus�on.
NiYPION by Councilman Fitzp�trick to reject the bids for Street Improvement
Froject No. St 1988-10 (Sealcoat), based on staff's recommendation.
Seconded by Councilman Schneider. Upon a vo�ce vote, a11 voting aye, Mayor
Nee declarecl the motion carned >>nan,mously.
NDTION by Councilman Fitzp�trick to authorize thE reac.'vertising for bicls for
Street Impravement Project No. St 1988-10 (Sealcoat). Seconded by
1 Councilwoman Jorgenson. Upon a voice vote, zll voting aye, Mayor Dlee
declared the motion carriea i,*�n;mously.
9. RESOLUTION N0. 41-1988 RDQUESTING A TRAFFIC STUDY AT THE INTERSEC°PION OF
CSAH 35 AND MSAS 303:
Nfr. Flora, Public Works Dix'ECtor, stated at z neiyhborhood meeting on N�y 9,
1988 traffic intersection safety problems at Central Avenue ancl Gardena
Avenue were raised by the citizens. HQ stated this resolution is before the
Council to r�:est a traffic study at this lntersection by the Anoka County
HiJl�n'aY De�Partanent.
NiYPION by Councilman Schneider to adopt Eesolution No. 41-1988. Seconded by
Councilwoman Sorgenson. Upon a vcice vote, �11 voting aye, Mayor Nc-e
declared the motion carried unanimously.
10. RESOLUTION N0. 42-1988 APPROVSNG SPECIAL LEGISLATION AFFECTING THE FRIDLEY
FIRE RELIEF ASSOCIATION:
Mr. Charles McKusick, representing the Volunteer Firefighters Relief
Association, stated this resolution would approve a change in the velunteer
firefighters pension retiranent. He stated the Legislature, in 1988, passed
legislation which authorizes the volunteer firefighers to corrvert their
pension to a Defined Contribution Plan and apprwal of the City Council is
needed to beccme law.
� Mayor Nee statcd he understands evexyone who has � concern is in agreement
te which Mr. McKusick answered in the affirnative.
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FRIDLEY QTY �UNCIL MEEPING OF MAY 16, 1988
' NDTION by Councilman Fitzpatrick to adopt Resolution No. 42-19�38. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
11. RESOLUTION N0. 43-1988 TO ADVERTISE FOR BIDS FOR A SEL�'-PROPELLED
RF�FTTFRATIVE VAGTT[JM/ASR STREET SWEEPII2:
Mr. Flora, Public Works Director, stated stafi has analyzed the City's needs
for a street scveeper. He stated it was found the best Equi�snent is the
Elgin mechanical conveyor-type which does a goocl �ab with heavy debris. He
stated the City nav has this piece of equi�nent, but to augment the normal
street sweeping activities, it would be appropriate to obtain a vacutun
regenerativrtype sweeper whicl-i can mwe rupidly, tr�vel with a large load
and is self-supporting. He stated this ty� of sweeper would he benef icial
in sealcoating because it would vacuian the fine duat. He stated there mzy
be the possibility at abtaini.ng a demonstr�tion model.
I�. Flora stated in the 1987 and 1988 budc,�ets, funds were identified for a
new street sweeper. He stated based an the City's needs, the
regenerative-type street sweeper should k� purcha:zd at this tune and budc�t
the rebuilchng of the Elgin street sweeper ir, the 1�89 budRet.
MOTION by Councilman Schneider to adopt Resolution No. 43-1988, with
consideration of a denonstration model. Seconc;ed by Councilwanan Jergensen.
' Upon a voice vete, all voting aye, Mayor Nee declared the motion carried
nnanin�011Sly.
12. �NSIDERATION OF ESTABLISHING A LOCATION FOR 1988 CITY COUNCIL MEETINGS
DURING Q�NSfiRUCTION AND REN6VATION OF THE CIVIC CEL�]TER:
Mr. N_unt, Assistant to the City Manager, stated the construction and
renovation of the Civic Center will probably start the latter �xrt of June.
He stated because of the open meeting l�w, staff has been working with
School District No. 14 to cbtain a meeting location. He stated the School
➢istrict has offered to make space availzble at the Community Education
Center for conducting the City Council meetings. He stated the proposal
would be to have the Council Meetings at the Community Edi.cation Center
begiruung with the June 27, 1988 Conference N�eting. He stated facilities
would be available to have the meetings televised.
Mr. Hunt stated it is also intended to have all the Crnunission meetings at
the Cott¢nunity Education Center during the Civic Center rEmodeling.
Councilmzn Schneider asked when the City Ha11 ciepartrnents will move to
rented office sFace.
N,r. Rcbertson, Community Develolxnent Director, stated the Construction
Manageaient Fism is working on a updated schedule. He stated the current
plan would be to first build the addition to the east of the Council
� C1i�ibers. He stated the east entrance to the City Hall woulcl be closed
during this time and the main entrance to the south would remain open. He
stated wheri the addition is campleted, there would_ be a temporaiy main
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FRIDLEY CITY �UNCIL MEEPING OF MP.Y 16, 1988
entrance built while the new entrance is constructed ko the south. He
stated they are close to an agreanent for rental of space in tl�c adjacent
office bmlding. He stated there will always be a central reception area at
the City Hall. He stated during construction people will be directed to
other areas across the plaza, Nh�. RoUertson statecx once the nem� addition is
constructed, sane depart�nents will mave to this area during renwation of
the �isting City Hall.
PiYPION by Councilrnan Schneider to set the first s�eeting of the City Co�incil
at the Community Education Center on June 27, 19II8 and to conduct all
subsequent meetings in 1988 at this location. Seconded by Councilwoman
Jorgenson. Upon a voice vote, a1 1 voting aye, Nayor Nee d�clased the motion
CaY'rl2(3 lma ni mpl,7Sly.
13. C7�AIMS:
NIOTION by Councilman Biliings to authorize payment of Claims No. 2D148
through 20370. Seconded by Councilman Schneider. Upon a voice vote, all
voting aye, Nl�yor Nee declared the motion carn ed unanunously.
14. LICQ�7SES:
NDTION by Councilman Schneider to approve the licenses as submitted and as
on file in the License Qerk's Office. Seconded by Councilwanan Jorgenson.
Upon a voice vote, a11 voting aye, Mayor ATee declzred the motion carried
i:inax,imously.
15. ES'PIMATES:
NYYPION by Councilm�n Fitzpatrick to appror%e the estunates as su}�mitted:
Craaley CcYn�iy
10630 Nassau St., N.
Minneapolis, MN 55434
Springbrook Nature Center Fence Project #180
Fn�Tnr. Fam�rnm� . . . , . . . . . . $ 8.151.90
S.E.H.
222 East Little Canada Road
St. Paul, MN 55117
Street Imprwanent Project No. SP. 1988 - 1 & 2
(51st Way 7mprovements)
Partial Estimate . . . . . . . . . . . . . . . . . . $ 3,975.35
4„nde Engineering, Inc.
9001 East Bloanington FreECVay
Bloanington, MN 55420
Lake Fbinte Coxporate Center
Partial Estunate . . . . . . . . . . . . . . . . . . $ 1,793.D0
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��F'�' CITY CGUNCIL N��'ING OF MAY 16, 1988
� TI�A
2500 Pmerican National Bank Bldg,
St. Paul, MN 551p1
Re�ir of Cacunons Park Filtration Plart
Pro� ect #164
Partial Estimate . . . . . . . . . . . . . . . . . . $ 331.00
H k S Asphalt
1700 Industzy IIlvd.
Anoka, MN 55303
Street Impr�ranent Pro�ect No. ST. 1986 - 1 S 2,
Phase 2
Estunate No. 7 . . . . . . . . . . . . . . . . . . . $ 37 ,131.70
J & 0 Construction, Inc.
3314 Morgan A�e., N.
Minneapolis, MN 55412
Misc. Concrete Clirb & Gutter
Estimate No. l . . . . . . . . . . . . . . . . . . . $ 864.50
Seconded by Councilman Schneider.
� Councilman Billings stated a letter was received from S& 0 Construction,
Inc, and it appears there is sane misunderstanding between the contractor
and staff.
Nh�. Flora, Public Works Director, stated Mr. Thmnpson, owner of J& 0
Construc:tion has submitted a letter today to the C�ty and is here this
evening.
Mr. Tha�sen, aaner of J& 0 Construction, Inc., siilxnittec to the Council a
copy of the letter suYxnitted to staff. He staY_ed he submitted this letter
to the Public Works De�rtrnent because he took a look at what was presented
for the Fay request for the work that had been done. He stated he and the
Public Works Director had a conversation thss afternoon.
Mr. Thanpson stated there seens to be sane nusunc7erstanding betweer. him and
the Public Works De�rtment. He stated he ]a�chas ex�ctly what he installed
at these different locations, He stated he has � picture of the pro�ect
that has been canpleted. He stated there is an invoice attached to the bacl�
of the letter pertaining to the work that is ccanpleted and in place.
Councilman Billings stated Mr. Thompson was zndicating, in his letter, a
change order for 13 feet.
NIr. Thanpson stated he and the inspector discussed this itrnz, He stated on
Rivexwood Drive, he took out a portion of curb to install an approach and an
� additional 13 feet came out with the original 22 feet. He stated he was
told to go ahead and install it and they would work it out. Ne stated he
added this as a change order because on that particul�r proposal put
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' together by the City, it didn't indicate anythzng about the 13 feet. He
stated he triecl to saw cut and when this was done, the original curb was so
thick, evidently, they didn't go deep enouqh with the saw anci the curb broke
so they had to replace it.
Councilm�n Billings statecl it appears they are dealing with two items, the
"change order" and a mi.sinterpretation as tc what bid items 1, 2, 3 and 4
actually consisted of. He suggested to Nh. Thanpson that he meet with the
Pa?gineering Departanent and try and work out their misunderstanding. He
statec? it appears the Council has the choice to recommer.d payment for the
amount approved by staff or te not pay anythtng until this �ssue is
resolved,
Mr. Thanpson asked if the Council thouaht the percentage of ret�inage was
adequate.
Mr. Flora, Public Works Director, stated the City is retaining 5% of the
original estimate they ccmputed for Mr. 'I'hcmpson's first wc-�k� of wcrk. Mr.
Thanpson stated he has no problen with the City retaining this amount. He
stated the problan is that he has completed some approaches which do not
appear for g�yment. He stated he renwed curb and cvtter i_n two areas and
replaced it with approaches to the drives�nys. He statec� if the City doesn't
want to �y until this is straightened out, that 9s fine. He stateci he is
trying to do this contract on the basis of Yaeing treated fairly. He stated
� he has more important business tl�n. to pluy cat and mouse.
Coimcilrn�n Billings stated the City doesn`t want to play cat znd mouse, but
apparently there is scme misunderstanding vn th Mr. Thanpson and stafi as to
what constitutes an approach. He stated it would appear the estunate staff
pre�red is exactly in accordance as to haw they h�ve been administering
contracts.
Nh�. Thanpson st�ted who makes the deternanation because he really can't n�ke
a living arguing or creating confusion with the stafi. I�e stated there is a
perscnality problem. He stated someone is needed who understands wh� t is
going on.
Nk�yor Nee statecl the Council just receivec3 Mr. Thompson's letter and the
City has an agreenent with h�m and will live by it. Hs stated it seems PZr.
Thanp:�on cloesn't agree with the tenns of the contract. He stated he doesn't
]mav hav the Council can evaluate this probl mi on such short notice.
NIr. Thanpson stated he would like it evalt�ted. He stated he is hoping out
of this will cane scme justice. He stated if you want to read whatever ycu
want to read into it, you are free to do it. He stated he wants a good
relationship and to do the work and be Faid accordinaly and, if there is any
deviation fran the plans and specifications, he wants to be la-aid for it. He
stated when you go to sane other curb and gutter, that deans a change orcler.
� Mr. Flora stated he believes there is some confusion on a curb cut. He
stated there is a total of four bid itenis whlch he mviewed from the
specifications. H� stated it seans Mr. Thanpson is iclentifying a curb cut
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FRZDLESC CITY C\�UNCIL N�'PIIQG OF MAY 16. 1988
� for a driveway as a drive�vay apprcach anc1 is rc�c;uesting $24 a foot for that
work rather than the curb figure of $7 a foot.
Councilman Schneider stated a curb cut is a cut in the curb if scaneone wants
to put in a driv�vay and a cut has to be made ut a cost of $7 a foot. He
statecl if they c�ant an approach which is three feet wsde, it is $24 a foot.
fie stated, noxmally, you would do both a cut and an approach.
Mr. Flora stated Mr. Thanpson replaced curb and installed two curb cuts; he
did no appra�ches.
Mr. Thanpson stated a curb cut is the same as an appro�ch anywhere in the
countsy.
Mayor Nee stated he would like Mr. Thompsc�n to work with the Eiiyinecring
De�rtrnent and, if necessasy, the City Attorney. He stated it seems to him
the approach is the actual difference betweEn the curb ancl drive,vay.
Mr. Flora stated if a curb depression to the drivecvay ancz an apron to blend
with the driveway is instal]ed, the cost is $24 a foot.
Mr. Thanpson statecl an apron is in front oi the eurb cut.
Councilwacian Jorgenson asked hcw the City b�_d for this work in the past.
� Mr. Flora stated the same mannar in which the est�mate w�s prepared.
Councilwanan Jorgenson asked if the City wulc� submit to Mr. Thanpson proof
that this is the mannar in wluch it was riandled in the �st.
Mr. Thanpson stated he is concerned about what the City p3ys h� m.
Councilwrn�n Jorgenson stated if there is a d�fierence of opim on on what
the City considers an approach and what NIr. Thanpson considers an approach
and, if it has been done this way with gast contractors, she cl�.dn't see that
Ms. Thanpson had a valid argiunent.
N�r. Thanpson stated when you slope it, you are talking two clifferent tliings.
He stated a curb cut, an appra,ach, and a gutter are different.
Mr. Herrick, City Attorney, stated he woulcl suggest the Council approve the
amount recar¢riended by the Engineer which ls the standard procedure followecl
over the years. He stated h�tween nav and the ne:�t meeting, staff and he
will see if they can reach an agreenent with the contractor. He suggested
perhaps they could consult with Councilman Billings and, if necessary, some
people at the State Highway Departrnent to determine the interpretation o`
the plans and specifications. He stated he understands the plans and
specifications have a series c+f diagrams that not onl� define, but
illustrate these various tezminolosies. He askecl if the City is using the
same plans and specifications used in the �st and treating this request the
� same as in the g3st and staff's answer was in the affixmative. He stated an
effort should be made to reach an agreQnent and, if necessary, obtain a
thix•d party to shed satte light on it.
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FRIDLEY CITY CIXINCIL MEEPING OF MAY 16, 1988
Mr. Thcmpson pointed out on Page 10 of the specifications a tyFical concrete
entrance drive�ay approach. He stated all he is sayi_ng is he instal]ed it.
He stated he wants to mdke it clear that he dnesn't want staff thinking they
can give him what they think he is worth. He stated he is not going to
accept what tY!ey th�.nk he �s worth. He statec7 he wunts to be in cam�liance
with the contract and be ready because he will be back.
UR�N A VOICE VOTE TAI�[Q ON '1I3E ABffJE NDTION, all voted aye, and Mayor Plee
declarecl the motion carried tmanim0115ljT.
Mayor Nee asked Mr. Thcanpson to cane in ancl negotiate with Mr. Flor� ancl, �f
necessasy, the City Attorney. He stated if there is a mistake in the
contract, the City will abide by it, but if Mr. Tl�ompson misread the
contract, he should be prepared to abide by it.
Mr. Thanpson stated he is hearing fran the Council menbers thEy don't agree
with his invoice ar�l giving hun ch�rity and not for the work he has done.
MOTION by Councilman Schneider to adjourr, the meeting, Seconded by
Councilwaman Jorgenson. Upon a voice vote, all voting a_ye, Mayor Nee
declared the motion carried unanimously and the Regular Meeting of L-he
Fridley City Council of Nkzy 16, 1988 ad�ourned at 9:10 p.m.
Respectfully submitted,
,���.�._� �����
Carole Haddad
Secretary to the City Council
APPrared:
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C,�,���-- y �
William J. N
Mayor