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08/11/1997 - 00001682� TFIE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 11, 1997 The Regular Meetmg of the Fndley C�ty Council was called to order by Mayor Jorgenson at 735pm PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the City Councd and the audience m the Pledge of Alleg�ance to the Flag ROLL CALL: Members Present Members Absent PRESENTATION: Mayor Jorgenson, Councilman Barnette, Councilwoman Bolkcom Counc�lman Schne�der Councilman Bdlmgs, Fndlev Amencan Le�on Post #303 Donation for Commumty ActiviYy Center � Commander Roland Lutz and Past Commander Arlo 5chwe�kert of the Fndley Amencan Legion Post #303 presented a check m the amount of $5,000 to Mayor 7orgenson as a donation toward the remodelmg of the Commumty Activity Center APPROVAL OF MINUTES: COUNCIL MEETING JULY 28, 1997 MOTION by Councilwoman Bolkcom to approve the mmutes as presented Seconded by Councilman Billmgs Upon a voice vote, all votmg aye, Mayor Jorgenson declared the motion cazned unammously APPROVAL OF PROPOSED CONCENT AGENDA: NEW BUSIlVESS: 1. RESOLUTION COMN[ENDTNG TAE ANOKA COUNTY EMERGENCY SERVICES. INTEGRATED WASTE MANAGEMENT AND PARKS DEPARTMENTS: Mr Bums, City Manager, presented the resolution expressmg Council's appreciation to � Anoka County for the openmg and operat�on of their brush disposal s�te The site was open throughout 7uly to accommodate the July storm damage ADOPTED RESOLUTION NO. 59-1997. FRiDLEY CITY COUNCIL MEETING OF AUGU5T 11. 1997 PAGE 2 � 2. RECEIVE BiDS AND AWARD CONTAACT FOR DRIVEWAY PAVING PROJECT NO. 307: Mr Burns, Crty Manager, presented bids recerved from two bidders on July 18, 1997 The low bid was subm�tted by Drversified Pavmg m the amount of $81,536 4o The amount was based on a maximum of 44 interested property owners As of today, we have 22 property owners who aze comrrutted to usmg the City's contractor for conversion of gravel dnveways to hard surfaced dnveways Although the bid amount �s higher than necessary for 22 properties, by the terms of our contract, we w�ll be billed for only those properties that choose to participate The property owners will have the choice of bemg assessed or paymg their shares up front Staff recommends that Councd rece�ve the bids and award the contract to Drvers�fied Pavmg m the amount of $81,536 40 RECEIVED THE FOLLOWING BIDS FOR DRIVEWAY PAVING PROJECT NO. 307: DIVERSIFIED PAVING, $81,536.40; AND DMJ CORPORAT[ON, $87,039.80. AWARDED THE CONTRACT TO TFIE LOW BIDDER, DIVERSIFIED PAVING, IN THE AMOUNT OF $81,536.40. 3. APPROVE CHANGE ORDER NO. 2 TO CENTRAL AVENUE BiKEWAY/WALKWAY PROdECT NO. ST. 1994 - 9; � Mr Burns, Crty Manager, presented the cons�derat�on of a mohon to approve Change Order No 2 far the Central Avenue bikeway pro�ect It covers the cost of addttional tree removal �dentified dunng construction The removal of additional trees occurred as a result of aLgnment changes and from resident requests regardmg boulevard trees The change order also covers addrtional costs for msulatin� water services located durmg construcrion and found to be too shallow for the new surface grades The cost of the change order �s $18,560 Staft' recommends approval of the chanae order and the payment ofthis amount to the contractor for the pro�ect, Hardrives, Inc AUTHORIZED CAANGE ORDER NO. 2 TO THE CENTRAL AVENl7E BIKEWAY/WALKWAY PROJECT NO. ST. 1994-9 WITH AARDRIVES, INC., IN THE AMOUNT OF $18,560. 4. RESOLUTION AUTAORIZING CHANGES IN APPROPRIATfONS FOR THE GENERAL FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE FIRST AND SECOND OUARTERS OF 1997: Mr Bums, City Manager, presented of a resolution authorizmg changes in General Fund and General Capital Improvement Fund These ad�ustments have ar�sen as a result of donations, unforeseen expenditures and revenues and recodmg of expenditures The C�ty has a net General Fund addition of $14,036 Of this amount, $4,993 has been wvered ' from donations and payments from outside sources The rema�mng amount ($9,043) wdI be covered by emergency reserve The latter items are largely related to consultmg services for the gravel dnveway program The money also covers an emergency repair to the Ctty's telephone system The General Capital Improvement Fund ad�ustments are all FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 1997 PAGE 3 � related to the construction of the F�re Training Center All of these adjustments ($70,000 total) are covered by payments from other Fire Departments Later this year we can expect further ad�ustments of $75,400 to cover Fndley's portion of the Fire Trammg Center construct�on Staff recommends Council's approval L.. J � ADOPTED RESOLUTION NO. 60-1997. 5 FIRST READING OF AN ORDINACE RECODIFYING THE FRiDLEY CITY CODE, CHAPTER 1, BY AMENDING SECTION 1A2.09 (WARD BOUNDARiESI: Ttus �tem was removed from the consent agenda and placed on the regular agenda as item 9b G. CLATMS: AUTHORIZED PAYMENT OF CLAIM NOS. 75831 - 7C,071. 7. LICENSES: � APPROVED THE LICENSES AS SUBMITTED AND AS ON F[LE IN THE LICENSE CLERK'S OFFICE. ESTIMATES: APPROVED THE ESTIMATES AS FOLLOWS: Frederic W Knaak, Esq Holstad and Larson, P L C 3535 Vadnais Center Drrve, Swte 130 St Paul, M]V 55110 Services Rendered as C�ty Attorney for the Month of May, 1997 Hardnves, Inc 14475 Quiram Drive Rogers, MN 553374 Central Avenue B�keway/Walkway Pro�ect No ST 1994 - 9 Estimate No 4 $ 4,250 00 $ 42,586 60 � � � FRTDLEY CITY COUNCiL MEETING OF AUGUST 11, 1997 PAGE a 7ay Brothers, Inc 9218 Lake Dnve N E Forest Lake, MN 55025 Central Avenue Bikeway/Walkway Bndge Abutments Pro�ect No ST 1994 - 9 Eshmate No 1 $ 23,975 63 No persons m the aud�ence spoke regardmg the proposed consent agenda items MOTION BY Counctlwoman Bolkcom to approve the consent agenda wrth the except�on of Item 5 Seconded by Councilman Barnette Upon a voice vote, all vohng aye, Mayor Jorgenson declared the motion carried unarumously ADOPTION OF AGENDA: MOTION by Councilwoman Bolkcom to adopt the agenda with the addit�on of consent Item No 5 from the consent agenda Seconded by Councilman Barnette Upon a voice vote, all votmg aye, Mayor Jorgenson declared the motion carried unammously OPENFORUM, V[SITORS: Paul Monson. 369 66th Avenue N E Paul Monson addressed the Crty Councd regardmg water problems m his yard When he first purchased his home he had water m lus basement With any ram there is floodmg, however this summer has been unusually bad Due to extens�ve landscapmg, Mr Monson has been able to keep the water out of }us home, but he has a tremendous amount of water runnmg through h�s yard His yard now has smk holes Mr Monson is requestmg the Public Works DepaRment to look at the storm sewer m hts ne�ghborhood Mr Flora, Publ�c Works Director has been to the ne�ghborhood and has seen the dram p�pe and culvert across the street, but he had not been to Mr Monson's yard Mr Monson asked if the City is I�able �f he fimshes off h�s basement and the storm sewer to backs up mto his home Mr Flora replied that the tssue needs Yo be addressed by an msurance carrier Mayor 7orgenson reported that street water back-up is different from sewer back-up The City does want to hear about street water back-up m order to invest�gate Mr Flora wdl check to see if the storm sewer has been mspected m that neighborhood Susan Baker. 378 66th Avenue Ms Baker, a neighbor of Mr Monson, also addressed the City Council regardmg floodmg The Bakers have mstalled landscapmg to address water problems It appears the water runs off l�fississ�pp� Street gathermg m her yard and contmues passmg through the Monson's yard FRIDLEY CITY COUNCIL MEETING OF AUGUST 11 1997 PAGE 5 � Councilman Barnette asked if either party received a notification when purchasing their homes about water problems Mr Monson reported that he was awarded compensation to pay for half of the dram tile �nstallat�on after purohasmg lus house Ms Baker replied that she was not aware of a water problem when purchasmg her property She said that over the past five years, it has flooded once a summer Thts year the water has been waist deep around her home Discussion followed wrth the deterrrunation that Mr Flora or someone else from C�ty staff will return to the neighborhood to visit The site and report back to Council with a recommendation OLD BUSINESS: 9. SPECIAL USE PERMIT, SP #97-02, BY HOME DEPOT USA, INC., TO ALLOW NURSERIES OR GARDEN CENTERS WHiCH REQUIRE OUTDOOR SALES AND STORAGE, GENERALLY LOCATED AT 5650 MAIN STREET N.E. (WARD 31(TABLED JULY 14, 1997): MOTION BY Councilwoman Bolkcom to remove th�s rtem from the table Seconded by Counc�lman Barnette Upon a voice vote, all voting aye, Mayor Jorgenson declared the mot�on carrted unammously Barbara Dacy, Commumty Development Director, presented Special Use Perm�t, SP#97-02, wh�ch was tabled at the July 14, 1997 meeting, with direction to the petrtioner to mvesUgate ' mYegratmg the garden center mto the origmal store plan Council was mterested m havmg Home Depot, Inc represenYahves who were at the meering coordmate with Crty staff m prepararion of a plan However, smce that time, there has been no contact The store manager has not returned staff's calls At the 7uly 14, 1997 meetmg Councd also asked for a sixty-day action deadhne date That deadhne is August 16, 1997 Due to lack of addrtional information regardmg the plan for architectural mtegrat�on of the outdoor sales area mto the buildmg, staff recommends that Council deny the request for a specia] use permrt This demal is consistent with the Plannmg Commission's recommendat�on regardmg the request on June 18, 1997 Mayor .Torgenson mquired if there was a representative from Home Depot m the aud�ence There was no response MOTION by Counalwoman Bolkcom to deny Special Use Permit, SP#97-02 based on the findmgs contamed m the staff report Seconded by Councilman Barnette Upon a voice vote, all votmg aye, Mayor Jorgenson declared the motion carried unammously 5 FIRST READING OF AN ORDTNACE RECODIFYING THE FRiDLEY CITY CODE, CHAPTER 1, BY AMENDING SECTION 1.02.09 (WARD BOUNDARIES): Mr Burns, Crty Manager, presented the proposed ordmance that creates a new precmct to ' accommodate the residents of newly annexed land Smce t}us new land �s �n a different County Commissioner's District, the C�ty cannot attach it to the ad�oimng precmct (Ward 3, PrecmcY 1) The City �s also l�mited by the absence of cleady recogmzable features, sucli as sYreets, and must use legal descriptions to identify the new precmct The use of legal descr�ptions rather than FRIDLEY CITY COUNCII. MEETING OF AUGUST il, 1997 PAGE F � streets also requires that the new precinct be named m a manner that reflects �ts relationship to the ad�ouung precmct Th�s means that the ad�o�rung precmct should be renames Ward 3, Precmct lA and the new precmct named Ward 3, Precmct 1B The sttuation �s further complicated by the fact that the new precmct does not meet the statutory crrtena that would have allowed the City to create a comb�ned pollmg place for both precmcts In all Lkehhood the seven voters m the new precmct wdl be faced with a choice of usmg mad-m ballots or �owneymg to the Mumapal Center where they will be served by Gty employees actmg as election �udges Regardless of the manner of ballotmg rt would appear that rt is important to estabhsh the new precmct at this evenmg's meering 5taff recommends the estabhshment of Ward 3, Precmct lA and Ward 3, Precmct 1B Councdwoman Bolkcom concermng this issue Mr readmg expressed concern that the seven residents were not contacted Bums reported that the residents will be contacted prior to the next Councilwoman Bolkcom suggested that staff get answers to the followmg quest�ons "Does the County have final say where the voters go to vote� Is there a way to get around havmg the residents come to the Mumcipal Center to vote� If the res�dents have to come to the Mumc�pal Center, will there be three staff members there untd 8 p m�" � Councdman Bdlmgs provided addttional msight to the state statute that prohibits two precmcts pollmg at the same locat�on Because there are less than fi$y people m the precmct, we are aliowed to do a mail ballot which would be the easiest way to accompLsh this change In the year 2001 we wdl red�strict so the problem will go away We are only talkmg about two elections MOTION by Councilwoman Bolkcom to approve the first reading of the ordinance to change the Fndley Crty Code by amendmg ward boundanes Seconded by Councilman Barnette Upon a vo�ce vote, all votmg aye, Mayot 7orgenson declared the motion camed unammously NEW BUSINESS: 10. RECEIVE BIDS AND AWARD CONTRACT FOR COPIER MACFiINES: Mr Hunt, Assistant to City Manager, presented bids for copy machmes Two separate bids were soLcited one for seven machmes m the Mumc�pal Center, Crty Garage and Nature Center to be paid out of the General Fund, and another for two machmes m the L�quor Stores to be paid for out of the Liquor Fund The bidders were to offer a price which mcluded the trade-m of current machmes The new copy machines were to be guaranteed for five years, and the mamtenance and supply agreement was to be firm for four years Thirteen vendors were sohcrted, and seven responded with a bid � Upon analys�s of the bids subirutted �t appeazs that by revismg the specifications to elimmate some of the helpful but lesser used feaYures on the two larger copy machmes m the Copy Center and the Recreat�on Department, the C�ty could save as much as $17,000 over a four-year penod ---------- L. J � � FRIDLEY CITY COUNCIL MEETING OF AUGUST ll, 1997 PAGE � Accordmgly, Mr Hunt recommended that all b�ds be re�ected and that staff be mstructed to re- advert�se for biddmg usmg revised specifications Seven vendors also bid on the two copierffaxlpnnters for the two Ltquor Stores Copy Sales did not quote a price for service and mamtenance Their bid also arnved after the deadlme for subm�ssion Therefore, Mr Hunt recommended that Council recerve only the other six bids The ongmal est�mate for two machmes and four years of service and mamtenance was about $5,260 Komca Products bid $3,384 for two machmes and two cents per copy for servsce and mamtenance amountmg to a total cost of $3,960 for the esUmated usage over the next four years Mr Hunt recommended that Council award the contract for acquisrtion of two copiedfaac/prmter machmes to Komca Products Councdwoman Bolkcom asked why the Gty would not re-advert�se the entire bid process mstead of sphttmg it m two pro�ects Mr Hunt felt that the response was good and that the C�Yy would not make any matenal gams by re-biddmg the L�quor Store eqwpment MOTION by Councdman Barnette to accept the bids for the copier/fa�prmter equipment for the Liquor Store awardmg the contract to Komca Products for $3,960 Seconded by Councdwoman Bolkcom Upon a voice vote, all votmg aye, Mayor Jorgenson declared the motion carned unammously 11. INFORMAL STATUS REPORTS Mr Burns reported that mformal discuss�on vv�ll mclude from the July 1 storm branch pickup Councilwoman Bolkcom reported on the Umversrty Avenue fence discussion with Jean Revelmg Ms Revelmg suggested that removal of the fence would enhance efforts to improve the image of Fndley One of the concerns is the garbage that collects along the fence Mr Flora reported that the guardrail along FLghway 65 will be addressed by MnDOT m the form of repairs or replacement There is not much of a median, and space limits the opt�ons available for replacement Mike Teske 1280 - 52nd Avenue North Mr Teske updated Council on the status of water problems that he reported last month Mr Flora said that he has not heard from the Columbia He�ghts City Councd He stated that a meetmg w�ll take place Wednesday, August 13 regardmg th�s problem Mr Flora recommended that Mr Teske also present h�s problem to tlie Columbia Hei�hts Crty Council � � � FRIDLEY CITY COUNCTL MEETING OF AUGUST 11, 1997 PAGE 8 ADJOURNMENT: MOTION by Councdman Barnette to ad�ourn the meetmg 5econded by Councilwoman Bolkcom Upon a vo�ce vote, all votmg aye, Mayor Jorgenson declared the motion carned unarumously and the regular meetmg of the Fndley City Council of August ] 1, 1997 ad�ourned at 820pm Respectfully submitted, �� ����� Debbie Kidder Secretary to the Crty Councd -, ,� ,'r��.r�� ;; ���� � �".�,. '� Nancy J Jorgen`son� Mayor