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03/10/2008 - 29245CITY COUNCIL MEETING CITY OF FRIDLEY MARCH 10, 2008 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:34 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke MEMBERS ABSENT: Councilmember Bolkcom Councilmember Varichak OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director James Kosluchar, Public Works Director PRESENTATION: Springbrook Nature Center Day Camps APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 25, 2008 APPROVED. NEW BUSINESS: 1. Special Use Permit Request, SP #08-02, by Mondi Minneapolis, to Allow Limited Outdoor Storage of Pallets Within a Fenced in Area in the Rear Yard of the Property Generally Located at 5261 Ashton Avenue (Ward 3). William Burns, City Manager, stated the pallets at this location would be stored in a 9' x 75' fenced in area in an industrial district. The request is well within the limits of the City's provisions for outdoor storage in industrials districts. The Planning Commission unanimously approved the request at their February 20 meeting. Staff recommends Council's approval. APPROVED. FRIDLEY CITY COUNCIL MEETING OF MARCH 10, 2008 PAGE 2 2. Approve Extension of Rezoning Request, ZOA #05-03, by JLT Group, Inc., for the Property Generally Located at 5601 East River Road (Ward 3). William Burns, City Manager, stated this property is on the east side of East River Road and borders I-694. It is a 25-acre site. Council originally approved the first reading for rezoning of this property to C-3 on September 12, 2005. The JLT Group was to return to Council with a site plan within two years. In July 2007 staff did receive a proposal for a big box commercial development that in staff's view had many limitations and shortcomings. Since then JLT has been working with the adjoining landowner to the north to negotiate access issues. Since these issues have not yet been resolved, JLT is asking for an additional extension of time for bringing a development proposal to Council. Staff recommends they be given an additional six months or until September 12, 2008, to resolve their access issues and submit a proposal. APPROVED. 3. Resolution Ordering Advertisement for Bids: 2008 Miscellaneous Concrete Repair Project No. 375. William Burns, City Manager, stated this is an annual project that covers the remedial sidewalk, pavement and curb repairs that are made necessary due to utility repairs, deterioration or driveway entrance permits. We have budgeted $55,000 for this work in 2008. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2008-16. 4. Receive Bids and Award Contract for the Repair of Wells 8, 9, and 12. William Burns, City Manager, said this is another annual project. This year we plan to pull the pumps and the motors for Wells 8, 9, and 12. In additional to examining and repairing pumps and motors, we also look at the casings, the screens, and the cables that are associated with these wells. Once all of the repairs are made and the pumps and motors have been restored to the wells, we will know the ultimate cost of this project. Typically the actual cost is considerably less than the total amount budgeted. In bidding the project, we assumed there are certain basic repairs that will occur no matter what, with the expectation that once the pumps and motors are pulled there could be additional expenses. The low bidder for this year's base bid was Bergerson-Caswell of Maple Plain, Minnesota. The base bid for the three wells is $60,090. We have budgeted $90,000. Staff recommends Council receive the bids and award the contract to Bergerson-Caswell of Maple Plain, Minnesota. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF MARCH 10, 2008 PAGE 3 5. Approve Change Order No. 4 for the 2007 Street Improvement Project No. ST. 2007-1. William Burns, City Manager, stated the final change order for this project is $56,657.80 for a total cost of $2,497,974.33 for this project. This is only 1 percent more than the original contract amount of $2,429,062.50. Most of the change order, $46,080 is for additional boulevard excavation that was completed throughout the project area. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. Award 2008 Street Maintenance Contracts. William Burns, City Manager, stated Fridley has for several years been entering into a joint contract for various street maintenance services with Coon Rapids, Andover, Brooklyn Center, Columbia Heights, and Ham Lake. Under this joint powers arrangement, Coon Rapids does the bidding and administers the contract. The 2008 contractual work under this agreement includes $165,751.80 for seal coating of streets; $12,158.40 for contract street sweeping; and $6,592 for pavement markings. The pavement markings and street sweeping are budgeted in the Public Works section of the general fund budget. The seal coating is budgeted in the general capital improvements plan. The amount budgeted is a little short of the bid, $25,751.89. Public Works Director, Jim Kosluchar, believes he can make up for the overage through other operational savings. Staff recommends Council's approval. 7. Appointment — City Employee. Dr. Burns stated staff recommends the appointment of Brad Furlong to the position of Public Services Worker — Sewer. APPROVED. 8. Claims (135773-135968). APPROVED. 9. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Mayor Lund asked to remove Item Nos. 4 and 5. FRIDLEY CITY COUNCIL MEETING OF MARCH 10, 2008 PAGE 4 MOTION by Councilmember Barnette to approve the consent agenda as presented with the removal of Items 4 and 5. Seconded by Councilmember Saefke UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Barnette to approve the agenda with the addition of Items 4 and 5. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORM (VISITORS): No one from the audience spoke. NEW BUSINESS: 4. Receive Bids and Award Contract for the Repair of Wells 8, 9, and 12. Mayor Lund stated he was a little confused between what it says in his packet and the presentation by Dr. Burns. It says the low bid was $60,090. In looking at the charts in the agenda materials, the low bid of Bergerson-Caswell amounts to about $125,000. He asked if they were approving the low bid of $60,900 or the high bid. James Kosluchar, Public Works Director, stated they would be approving the low bid, which includes removal and inspection of the pumps and motors and some minor repairs. Mayor Lund stated if they are going to approve this tonight, it is for $60,090. He assumes it specifies exactly in the contract what they are paying that amount for, so there is no dispute. He asked what happens if the cost exceeds $90,000. Mr. Kosluchar stated if it exceeds $90,000 for necessary repairs, he would be back before Council explaining those needs and requirements. Their goal is to attack the worst of the three wells. The likelihood of overage is highest at the beginning. Mayor Lund asked if there was something in the bid that tells them they are giving us a base bid for $60,090. Mr. Kosluchar said the potential repairs they commonly encounter are itemized ahead of time so they have a fixed price to work with, including fixed labor rates for any other additional labor charges. FRIDLEY CITY COUNCIL MEETING OF MARCH 10, 2008 PAGE 5 Mayor Lund said they are approving the base bid from this contractor of $60,090. That is the best-case scenario. Their bid goes up to worst-case scenario of about $125,000; and the budget is at about $90,000. They would be back before Council for additional funds for anything over this $60,090. Mr. Kosluchar replied, yes, if that is what Council would like. Councilmember Saefke stated looking at the charts he was a little confused, too, between the total submitted cost and the basis for the award. Mr. Kosluchar replied the difference is that they had non-bidders on the screen cleaning. They had some bidders who included a price for the screening in their proposal and other who did not. They deducted the screen cleaning off the bids. If that is necessary after inspection, they will contract for that separately. Councilmember Saefke said the basis for the award is actually less than the total amount of the entire bid. He asked if this is a different way of bidding than last year. Mr. Kosluchar replied from what he has read, no. It may have been summarized differently to Council. Councilmember Saefke stated it seemed to him they are extremely low and he had some questions about it. He knows none of these wells have screens and they are all pretty shallow. He asked if they are going to televise any of them this year. Mr. Kosluchar replied there is an amount for televising in the bid price, he believed in the base bid. Councilmember Saefke stated last year they decided not to televise anything and one of the wells last year had a screen. He asked how they would know if the screen need to be cleaned if it was not televised first. In this case he knows these wells do not have screens. From what he can remember from the old television logs, they have nice straight holes so he would not expect a great deal of costs to run on these because these shallow wells do not cave in like deep wells do. MOTION by Mayor Lund to receive the bids and award the contract for the Repair of Wells 8, 9, and 12 to Bergerson-Caswell for $60,090. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 10, 2008 PAGE 6 5. Approve Change Order No. 4 for the 2007 Street Improvement Project No. ST. 2007-1. Mayor Lund asked how the change order with additional costs would affect the assessments for any individual property owners. Mr. Kosluchar said it would not. Mayor Lund said the City would pay the added expense. Mr. Kosluchar replied in this case, yes. Mayor Lund asked if they were possibly certifying the assessments too soon. William Burns, City Manager, stated we are required by the County to have our levies and assessments in by a certain date in November. He did not think they could avoid that deadline unless they want to put the assessment off for an entire additional year. They lose money by doing that. MOTION by Mayor Lund to approve Change Order No. 4 for the 2007 Street Improvement Project No. ST. 2007-1. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Informal Status Reports William Burns, City Manager, said the newsletter is finished and will be out the first week in April. ADJOURN. MOTION by Councilmember Barnette, seconded by Saefke, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:05 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor