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07/10/1967 - 00020806� � THE MINUTES OF THE SPECIAL PUBLIC HEARING COUNCIL MEETING - SULY 10, 1967 The Special Public Hearing Meeting of the City of Fridley was called to order by Mayor Kirkham at 8:15 P.M. OPENING CEREMONY; Mayor Kirkham asked the audience to stand and �oin in saying the Pledge of A1legiance to the Flag. ROLL CALL: MEMBERS PRESENT: MENiBERS ABSENT: ADOPTION OF AGENDA: Kirkham, Liebl, Harris, Samuelson, Sheridan None Mayor Kirkham said there was oc�e more item to add to the Agenda The bids on Storm Sewer Pro�ect ik87 wi11 be Item ��11. MOTION by Councilman Harris to adopt the Agenda as amended. Seconded by Councilmaa Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PUBLIC HEARING - FINAL ASSESSMENT ROLL FOR STRE�T IMPROVP�M�NT PROJECT ST.1966-5: �INNSBRIICK, STH ADDITION): The Notice of Hearing was read by the Acting Crty Manager. Councilman Harris commented that it was his understanding that the petitioa was signed by 100% of the property owners. Councilman Samuelson said he noticed the estimated cost at the public hearing was $151,800.00. The actual final cost is 5138,434,87, so it came in somewhat less than what was advertised at the public hearing. Councilman Sheridan asked if the 189 lots in this Addition are a11 buildable, and whether there were ponding areas that were unbuildable. Mr Comstock stated there are some small areas where surface water drains to some Lots, probably four or five lots would require some filling, but I do not think there will be any difficulty developing most of the lots. The City Engineer stated that he has gone over the property quite a few times when the permits came in and notyced that some of the dirt from the higher lots had been put on the lower lots. Offhand, he did not believe there would be a problem of unbuildable lots. MOTION by Councilman Sheridan that the public hearing for the final assessment roll for Street Improvement Pro�ect St. 1966-5 (Innsbruck Sth Addition) be closed. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried, 29-1967 - ADOPTION OF MENT PROTECT ST. 1 � MOTION by Councilman Harris to adopt Resolution �,4-129-1967 Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SP�CIAL PUBLIC f�ARING MEETING, SULY 10, 1967 PUBLIC HEARING - SANITARY SEWEA, STORM SEWER AND WATER IMPROVEMF,NT PRO,TL^ CT Np 88 • Page 2 Item 1• Storm Sewer on Hayes Street; 73rd Aveaue (County Road 8) to Onondaga Street. 73rd Avenue (County Road $)• Central Avenue to Stinson Boulevard. The Acting City Manager Brunsell showed the proposed drainage district on the wa11 map. He gave the estimated cost as $2.42 per L00 square feet. Mayor Kirkham explained this pro�ect is being proposed because the residents on Hayes Street asked for a street improvement pro�ect, but the city doesn't feel it can do this improvement until the area gets the storm sewer. We are proposing the storm sewer pro�ect so that the street improvement pro�ect can Ue accomplished. Clarence Gunn, 1475 County Road H2• Mr. Gunn asked if he were part of this pro�ect. Mayor Kirkham told him that he was, aad according to the preliminary estimate his assessment would be $44$.00. Mr. Gunn said he was already paying for a storm sewer. Mr. Brunsell explained that could be Pro�ect �,424, but that this is a new pro�ect. Mr Martin 0. Erickson, 7314 Hayes Street N. E. stated that a storm sewer already is in on Onondaga Why do we need it on Hayes Street7 Mayor Kirkham answered that it was a trunk line running on Onondaga. The pro�ect we are proposing now wi11 drain the whole district Crty Engineer Qureshi explained the pro�ect and informed Mr. Erickson the assessment on Lot 19 would be approxxmately $284.95. He explained that storm sewer assessments can be spread over a period of twenty years, street assessments over a period of ten years Sames 1L Turner, 1685 - 73rd Avenue N. E. asked: What is the drainage problem in that area7 We had qurte a bit of rain about a week ago and I didn't notice any ponds on 73rd Avenue. Central Avenue had more of a puddLe than 73rd Avenue. Mr. Comstock was asked to explain the situation. He said the proposed street grade in the area will end up with a low spot on Hayes Street approximately one half block north of 73rd Avenue. There will also be a low spot on the proposed new street There wi11 also be a low spot on 73rd Avenue. Mr. Erickson asked if 73rd Avenue would be torn up again. The City Engineer Qureshi said that 73rd would be a County road. There is a large industry going in there and the City would like to have the street improved, but the City cannot do it unless there is a storm sewer. When the street is improved, most of the cost wi11 be picked up by the County, There will be no cost to the resid�nts on that street. The improvement of 73rd Avenue wi11 be solely borne by the County and the City wi11 pay about half the cost of concrete curb and gutter, as we have normally been doing in other areas. Larry Griffith, representing Studebaker Corporation stated he was interested in the time table of the storm sewer, etc. The City Engineer informed Mr Griffith that if the Council orders the improvement of the storm sewer at this meeting or the next meeting, the improvement would be put in by next summer, i.e, the storm sewer. As to 73rd Avenue, you would have to talk with the County Mr Griffith asked if it would be ready by 1968 and the answer was ^yes". Mr. Qureshi said that the City was waiting for their , � � SPECIAL PUBLIC HEARING MEETING, NLY 10, 1967 Page 3 � answer before going to the County. When the City gets the Onan easement, it will expedite the work. Mr, Griffith said in the notice �t said the storm sewer would go all the way to Stinsoa. It taas stated the drainage area actually goes a11 the way to Stinson. Mr. Qureshi said the City plans wi11 be ready in a week or ten days Mr. Griffith asked if the cost as anticipated includes a connection for their storm sewer. He was told that actually their yard would drain into it. This is a laeeral storm 5ewer that empties the trunk. A citizen, Mr. Mi11er, said if the storm sewer goes in, he would have no ob�ection other than the fact that if and when it goes in, at the same time could some of the other improvements go in also to avoid ripping up the street. He wondered if the City could co-ordinate other pro�ects with it Mayor Kirkham sald thLS was our goal and asked Mr. Qureshi to comment. Mr. Qureshi said it is a good point and that is what we try to do. We do not put in any paving unless we put all the uCilities in As far as other utilities are concexned, we do have all the ueilities we need in 73xd Avenue except the storm sewer. Once we put in the storm sewer, then the street will be ready for curb and gutter and paving. Hopefully, we wi11 have it completed by next summer Mr. Mi11er said he understood 73rd Avenue would be widened and maybe a service road would be necessary to enter Highway i�65, Mr. Qureshi said if the County improves this road, it will be at least 44 feet wide and probably wider. Mr Miller wondered how this would affect his property. Mr. Qureshi said we have a 66 foot right of way now and there is enough public right of way so there will be no infringing on his � property. Mr. Mi11ex wished to know the approximate cost of the storm sewer, curb and gutter He was informed that as the street was a County road, he woulr7n't be assessed for that, except for the one half of the cost of the curbing whxch has been running about $1.75. You can figuxe if youx fYOntage is 100 feet, you will be assessed about $175.OD. The storm sewer assessment would be approximately $2.40 per 100 square feet A citizen who lives on 73rd Avenue, referring to the widening of this street, said he had a connection to the water main in the street, and wondered how widening tl�e street would affect his connection. Mr. Qureshi answered that in the construction of the street, we will move a11 the water connections to the outside of the street Once they put in a street such as this, we cannot cut into the street for five years unless there is an emergency MOTION by CounciLman Samuelson to close the Public Hearing on this portion of Improvement pro�ect No, $8. Seconded by Councilman I�arris. Upon a voice vote, there being no nays, Mayor KZrkham declaxed the motion carried. Item 2; Water and Sanitary Sewer on 69th Avenue from Central Avenue to East City LimiCS: Mayor Kirkham stated this was petitioned for a couple of years ago, and at that time we didn't have sufficienti mains to hook onto. Now they are avail- able and we can provide the service. A citizen asked the cost of the � improvement. He was told $8,67 per foot for sanitary sewer and $5.55 for water. Mr. GriffiCh asked if the figures which are on the drawing to the lefC are accurate. Mr. Qureshi said they are estimates. Mr. Griffith said from the point of view of his clients, it does not benefit them. Mx. Qureshi said 73% of the owners petitioned three years ago SPECIAL PUBLTC HEARING MEETING, JULY 10, 1967 Page 4 A citizen asked if 69th Avenue were a county road and was told it was a_ crty road. The people were told the first payment on assessments would be due in 1969 When the question was asked if there were any residents here opposed to this pro�ect, there were no ob�ections. MOTION by Councilman Harris to close the Public Hearing of Item 2, Water and Sanitary Sewer on 69th Avenue from Central Avenue to East City Limits of Improvement Pro�ect No, 88. Seconded 6y Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Item 3: Water main extension on the West side of properties on Main Street (alo and 53rd Avenue. The Finance ➢irector explained that this was a proposal that would service the rear of the properties on Main Street, especially for fire protection. The estimated cost is $12.59 per foot. This is higher than average because there will be property on only one side of this line to assess. Ralph Molinari of Railroad Accessories Corporation asked who initiated this action. The City Engineer read the letter from Railroad Accessories Corporation dated March 3, 1967 stating "that the Fire Underwriters Inspection Bureau has recommended a six inch water line and hpdrant to be extended to cover the rear or west side of the plant". Mr. Molinari asked why it should run across 53rd Avenue where there are no buildings. What we were talking about was a hydrant at the rear of our property and that was it. We have no desire to have this doae. Councilman Samuelson said this is the reason we have public hearings The proposed pro�ect is such whereby the main would go to your west property line, then north up to Midland Cooperatives and then back out again at Main Street. Primarily the only usage would be fire protection Mr. Molinari; This was strictly an inquiry and we have no desire to spend this money. W. C. Goodwin, Dealers Manufacturing Co.: We really have no reason for it. I have a sprinkling system in the building and because of the mains you have, the hydrants you have in there now, we have very low insurance rates. Walter Miller, Electro-Cote Company stated he had spoken to Mr. Hughes and asked him what he thought about this. He said the Fire Department would like to see water mains and hydrants whenever they can have them. I asked him about winter - how would you get through the drifts with a fire truck. We have a sprinkler too and do not see any use for the main. Sohn I3eron, Northern Pacific Railroad; We have absolutely no use for fire protection. I have a written protest that I would like to leave with you. MOTION by Councilman Samuelson that the Councll receive the written protest from the Northern Pacific Railroad. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mr. Ruban from Kurt Manufacturing stated that if there were a fire, it would be impossible to get back there. I see no need for it. Leo Stokes, Precision Sheet Metal Company: We are fireproofed and we do not have any need for this type of protection , I 1 u � SPECIAL PUBLIC HEARING MEETING, NLY 10, 1967 Page 5 � Councilman Liebl wanted to point out that some of the property owners do want fire hydrants. MOTION by Councilman Samuelson that the Council close the Public Hearing of Item 3: Water main extension on the West side of properties on Main Street (along Railroad Tracks) between 45th Avenue and 53rd Avenue of Lmprovement Pro7ect No. 88 Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Item 4: Sanitary Sewer, water mains and laterals on Nort Central Avenue to West End of the Street and Proposed 72nd Avenue: Between Hiehwav -0�65 and Central Avenue. The Finance Director said the estimated cost of this improvement wouLd Ue sanitary sewer laterals $12.00 per foot and water laterals $6.00 per foot Paul King, 1301 Norton Avenue asked for the proposed assessments, and when �t would come in. The water laterals were $720.00 and the sewer laterals $1,440.00. The City Engineer said that if the Council decides to order the Zmprovement tonight, the plans wi11 have to be pxepared and then hope to have the service by next summer. It was explained that this improvement wi11 bring the water and sewer from the pipe to the sewer 1ine, It was brought out that this preliminary assessment does not include the assessment for connecC- ing Yo Ylorth Suburban Sanitary Sewer District. Mr. King asked if this � pro�ect would be included in other work that is to be done in the area. ' He was asswred bhat Lt w�u7'd �e. He was told that the assessment could be spread over twenty years. Elmer Aagner, 1245 Norton Avenue: Where are we hooking to? He was told that there were no pumping stations or lift stations, but North SuUurban SaniCary Sewer District was a gravity line. Mr. King also asked that when they put in City water and sewer, are we going to have to bear the brunt of the curb and gutter and streets? This pro�ect is in response to a petition, not a recent petitlon, and we had to turn it down hecause we didn't have the lines to tie into. Now the lines are there so we are bring- ing it out again. For the street improvement pro�ect, we'd wait until it is petitioned for. Mr. D. W. Harstad discussed the assessment of his property with the Finance Director. He asked about Norton Avenue going through to Highway 9k65, but the City Engineer said that Norton Avenue is zoned residential and Mr. Harstad's property industrial, so that it would not be feasible to run it through. Mr. Harstad said he had no complaints about the assessments on Lots 7 and 10, but he did for 11. He owns 115 feet of the west part of Lot 11 which was purchased for access and parking to the office. If he dedicated a service drive and did have the proper setbacks, he would be able to build a structure one foot wide, therefore, he ob�ected to the assessments on that lot. � MOTION by Councilman Harris that the Council close the Public Hearing of Item 4, Sanitary Sewer, water mains and laterals on Norton Avenue; Central Avenue to the west end of the street and Proposed 72nd Avenue between Highway ��65 and Central Avenue of Improvement Pro�ect No 88. Seconded by Councilman Liebl. IIpon a voice vote, there being no nags, Mayor Kirkham declared the motion carried. SPECIAL PUBLIC HEARING MEETING, JULY 10, 1967 SANITARY SET�] ENT AND FINAL PLANS AND SE 88: Page 6 MOTION by Councilman Harris to adopt Resolution �k130-1967 with the delet�,on of Item C in �xhibit "A" being the water main extension on the West side of properties on Main Street (along Railroad Tracks) between 45th Avenue and 53rd Avenue Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carr'ted. Councilman Harris called attention to that part of the resolution referrzng to 73rd Avenue stating that he talked to Mr. Griffith on behalf of Onan's. They would like to have us give our best efforts to try to get this improve- ment in this year. If we have a late spring, they will be in trouble with their parking lot. If we can expedite this matter and try to get the improvement in this year, they wi11 appreciate it. The City Engineer sald the $ngineering Department will do their best to comply. He said that some oi the construction could be done in winter. Councilman Harris said these people need access to their property. He suggested that the County be contacted regarding 73rd Avenue. PUBLIC HEARING - IM;'RUVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMP.TES OF COSTS TIIEREOF: STREET IMPROVCMENT PROJECT ST, 1966-1: The Acting City Manager read the Notice of Hearing. Mayor Kirkham asked if there was anyone in the audience that wished to be heard on this improvement. Ronald Newport, 6630 Stinson Boulevard asked why curb and gutter is not proposed in this improvement The City Engineer explained that in 1966, the City had a hearing to improve the whole area. At that time, Stinson Boulevard was deleted because New Brighton had no plans for Stinson Boulevard. As you know, New Brighton is now proposing to improve their side, What is being proposed is �ust the blacktop and some base and no curb aad gutter because the County has been requested to take over this street We do not want to put too much money in it. Mr. Newport said he was wondering about water drainage. All the water stands on the other side of the road. If you do not have curb and gutter, what will happen to the water7 The City Engineer answered that we do need a storm sewer, but at this time, we are proposing to lower the road and have a ditch on the west side. There will be culverts. This is �ust a temporary arrange- meat, Councilman Sheridan stated that the City will make some arrangement to take care of the water because if it stands on the blacktop, it breaks it up rather rapidly Anton Urban, 6610 Stinson Boulevard stated that at the present time, there is quite an elevation on 66th and Stinson and whenever we have a rainfall, we have a torrent that runs into Stinson If you do put in blacktop without curb and gutter, it will wash away the property. The Engineer explained that water coming on 66th wi11 turn around and go toward the Creek. Mr. Urban said that he would like to see concrete curb and gutter as he would like to improve his property out to the street. Councilman Sheridan said that one of the reasons we are not proposing at this time to put in a complete street is that if the County takes Stinson Boulevard over and puts the street in, they will also put in curb and gutter at half the cost. � � �1� SPECIAL PUBLIC HEARIVG MEETING, JULY 10, 1967 Page 7 � Mr. Urban thought the City could get in touch with the Village of New Brighton and work it out together. Mayor Kirkham told him we tried to do this a year ago with Che Chree communities and the two couneies involved, but we could not get anything going. The City Englneer added what we are proposing is New Brighton will let the contract to improve this street. New Brighton is going to put in the street and we would pay them the money for our fifteen feet. Gary Larson, 6530 Stinson Boulevard: Will this include a swale� The City Engineer said theze will be a ditch and three culverts under driveways to drain the water on to Mississippi Street. The drainage problem included a low paint on Mississippi Street which could not be solved by putting in bituminous curb and gutter inasmuch as the water would not be contained within the road because of this low point It was necessary to have a ctrtch which would be 1� feet in depth, MOTION by Councilman Samuelson that the public lIearing on the Street Improve- ment Pro�ect St. 1966-1 be closed. Seconded by Councilman Harris Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLIITION ik131-1967 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOP: STREET IMPROVEMENT PROJECT ST.1966-1; MOTION by Councilman Sheridan to adopt Resolution ;{131-1967. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor ICirkham � declared the motion carried. CONSIDERATION FOR ARCAITECT FOR PUBLIC WORKS GARAGE: In reviewing the events up to the present time, Councilman Harris said as you recall, we are in the process of condetnnatioa for the back haLf of the property for the Ice Arena and for the garage for Public Works. Also, we did make a commitment to the County that we would a11ow them to make a suggestion of what the facing would be on the west side of our building which wi11 face their property It might be in order to proceed with getting an architect to get some plans before us for the public works garage, Councilman Samuelson agreed and said they should decide who we shall have, when shall we engage him, and how should we pay for him. These decisions should be made so that we can proceed. Couacilman Harris said the County is in the process of interviewing their architect for the Ice Arena, and there is a lot of work that should be dune together with these people from the standpoint of how they set parking lots, etc. Our resolution and agreement with them should show where our access wi11 be across their property to serve the Public Works garage. In other words, we will, to a certain extent, coordinate the7.r plans with ours, and inasmuch as they are planning to select an architect within a week or two, we shouLd act as soon as possible, � Tiie CLty EngLneer suggested 10,00� square feet for Yhe amount of space n.eeded aad this amount is necessary because of the present equipment and future needs. Councilman Zieb1 commented that he hoped we can have ten acres. In his discussion with the Planning Commission, Councilman Harris said the suggestion was made to face the west side of the garage with the same brick veneer as that used for the Ice Arena. Councilman Samuelson SPECIAL PUBLIC HEARING MEETING, JULY 10, 1967 Page 8 was i❑ agreement because the Publxc Works Garage would be surrounded by � the County facility and Locke Park aad the Council would not put in any- thing second rate, as the facility should serve the community for 25 to 50 years. MOTION by Councilman Samuelson that the Council set the date of July 24, 1967 for a Special Meeting of the Council for the express purpose of interviewing archztects for the construction of the PubLic Works Garage and that the Council Members have their suggested names of said Architects to the Acting City Manager by Monday, Ju1y 17, 1967. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CHANGE ORDER N0, 1- PROJECT W-75-G: The C�.ty Engineer explained this pro�ect is fencing the Fridley Commons Area and that the Parks Director, Paul Brown, wants to complete fencing around the ba11 park. The Parks and Recreation CommYSSion felt it was a good �dea when the Engineer consulted them. The Park Department will be using about 60 feet of our fencing and adding 300 feet of the eight foot fence around the softball field. He does not have this in the budget but will get it from some other place, This would be an addition to the already existing contract. The cost of the fence would be under $1,000 but he can get a better figure by having rt included in Pro�ect W-75-G. MOTION by Councilman Liebl that the Council approve Change Order y'�1, Water � Improvement Pro�ect No. 75-G (Landscaping). Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. SEXTER ADDITION - APPEAL OF STREET ASSESSMENT; The City Attorney Herrick addressed the Council as follows: Mr. Mayor, I have discussed this matter with the City Engineer and we have a suggestion which is the suggestion that I made in my Memo of Ju1y Sth with this addi- tion, that we propose a settlement by reducing the special assessments $1,000, but that, in addition to said reduction, Mr. Sexter is to put up $1,000 in escrow with the City to be kept in escrow through the cnlandar year 1969. The money to be used a.f it becomes apparent that the compaction his subcontractor used in the ditching under the street surface is not adequate and repair work has to be done to the street. Origanally, before the appeal was taken, we had proposed and drawn an escrow agreement with Mr. Sexter in which he was to do this. When the assessment was made known, he became unhappy and did not sign the escrow agreement and appealed the assessment in court. As I understand the conversation, it was proposed that we recommend a reduction of $1,000 but only on the condition that - Mr. Sexter enter into the original escrow agreement. � Councilman Harris commented that he certainly understands Mr. Sexter's position Ldhere he donates the land on his half of the street and makes a dedication, and we have to purchase the 'Land on the other side and he � has to pay for that too, The Citq Attorney said he thought the best procedure is that if it goes into condemnation, that the City should make as strong a case as possible with the Condemnation Commissioners that the value of the property after the street is in, is at least as great as it was prior to the time. While the City is condemning some property, there should not be any requirement that the City pay for it, SPECIAL PUSLIC HEARING MEETING, SULY 10, 1967 Page 9 , If you win that argument, then you do not end up paying anything. If you don't win that argument, then you do. It seems to me basic and fair that if one man donates half the street and the man across the street requires the City to go into condemnation, then the total cost shouLd be assessed against that property, MOTION by Councilman Harris that the Council concur with the suggestion of the City Attorney regarding the Sexter Appeal of Street Assessment on Street Improvement Pro�ect No. 1965-1 by reducing the special assessments 51,000 and in addition to said reduction, that Mr. Sexter put up $1,000 in escrow with the City to be kept in escrow through the calendar year 1969. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CONSIDERATION OF EXTRA HELP IN INSPECTION DEPAFTMCNT: The CZty Engineer explained that the City of Fridley has three large developments in process now, Target, Onan's and two apartment complexes on the northwest quadrant of the Intersection of East River Road and Interstate d�694. In view of this new coastruction, he was requesting that an additional man be added immediately to the Building Inspection Department so that we can provide adequate servlce and inspection to the properties involved. The salary of the additional man would be adequately taken care of by the permit fees brought in by the three large developments, � and the fact that the City has revised the building permit fee schedule to conform with the Minneapolis fees. I feel that ae can hire a college graduate with some husiness training for a salary of $7,500 to $8,000 a year. Out of his salary, about $7,000 would be charged to Building Inspection Department and the rest of the money to the Water Department, which I feel also needs some additional help in routine work. In this way, the City can use the present personnel for the work they are best qualified for. MOTION by Councilman Harris that the Council concur with the City Engineer in his request for additional help in the Building Inspection Department. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared Che motion carried. BiDS - STORM SEWER N0. 87 (OPENED NOON, JUNE 26, 1967) CONTINUED: The Consulting Engineer stated he gave their recommendation on the bids in h�s letter of 7une 28, 1967. The lowest bid was submitted by F. D. Chapman Construction Company and Associated Contracting (a �oint venture) with a bid of $39,628.00. The construction cost estimate used at the time of the public hearing was $64,500.00. We checked with Mr Herrick concerning the addrtion to the proposal on the 3% excise tax which goes into effect August-lst, We are in the process of writing the supplemental agreement which will be approved by Mr. Herrick to protect the City so that the Contractor does not abuse his request. He continued that because of the 1 problem of wet basements, we feel certain additions should Ue ma�]a to the contract. The minimum construction recommended would add approximately $5,746.45 to the contract, If you want to proceed and provide a safe guard in two other a:eas which can possibly create a problem in the future depending on the elevations established by builders oi residences, it would make a total addition of $8,421.15. Either one of the proposals will solve SPECIAL PUBLIC HEARING MEETING, NLY 10, 1967 Page 10 ' the problems as we understand them today. � Mr Herrick asked the Consulting Engineer how he arrived at the $8,421.15 for the additional work. He answered that over the past week they have been negotiating with the low bidder, and his prices may be slightly high but he is going to have to handle his mater�al differently because of the perforated pipes. He is requesting for this work approximately $1 SS and $1.65 a foot additional, which may be slightly higher had it been bid in the first instance Councilman Samuelson asked the City Attorney if the Council can extend the contract from a low bid by 20% without getting into trouble? Mr. Herrick answered that you can add 25% to the original contract. The Consulting Engineer stated he felt this would give the City the lowest price because you would have to advertise on a new approach and then the prices may be greater than the present negotiations. Councilman Harris said - it seems to me that this is the best way to put the pro�ect in, I wouldn't want it to go in any other way, it is fully assessable and still way below the original estimate. The best way to handle this problem is to give it to this individual based on the negotiation of a Change Order. The Consulting Engineer said that actually the purpose of the pro�ect was to drain the street right of- way and it may now lower the water table. MOTION by Councilman Harris that the Council award the Contract for Storm Sewer Improvement Pro�ect No. 87 to F. D, Chapman Construction Company � and Associated Contracting (a �oint venture) in the amount of $39,628.00 plus the Change Order No. 1, concurring in execution of Change Order No. 1 and preparation of supplemental agreement regarding 3% sales tax. Seconded by Councilman Samuelson. IIpon a voice vote, there being no nays, Mayor ICirkham declared the motion carried. SERVICE ROAD: CENTRAL AVENUE (EAST SIDE) FROM 69TH AVENUE TO 73RD AVENUE: Councilman Harris said that as I mentioned before, with regard to the agreement with the County, it is my understanding from our original resolution regarding 73rd Avenue that we are requesting the County to take over 73rd Avenue from Highway �k65 to the tracks. I feel it would be in order for the D W. Onan Company to petition for the improvement of this street and set up a separate resolution for 73rd Avenue from Central Avenue to Stinson Soulevard and also to take over our stretch from Central Avenue to Highway �k65 and improve that. I was talking with Mr. Griffith tonight and he indicated that the amount of traffic that would be generated by their enterprise should not be contained wholly on 01d Central Avenue. There should be an outlet to Highway 3k65 where there is a divided highway, and so I would move that the resolution be worded as such. MOTION that the Council order a Resolution drawn regarding the street improvement of 73rd Avenue from Central Avenue to Stinson Boulevard and from Central Avenue to Highway ik65 and request a petition from D. W. Onan & Company for said improvement from Central Avenue to Stinson Boulevard. � Seconded by Samuelson. Upon a voice vote, there being no nays, Mayor Izirkham declared the motion carried. The Council felt that because the stage of construction of the Ice Arena and Public Works Garage is at the point where architects will start working, SPECIAL PUBLiC HCARING MEETING, SULY 10, 1967 Page 11 � the service road on the East side of University Avenue between 69th Avenue and 73rd Avenue should be ordered to help coordinate a11 phases of the work. Also, an internal road should be planned in the park area in consulting with the Parks and R�.ereation Commission. Conseruction should be completed next year. MOTION by Harris that the Council order the preliminary plans and specifications for the service road between 69th Avenue and 73rd Avenue on the East side of T.H.��47 (IIniversity Avenue). Seconded by Samuelson. Upon a voice vote, there being no nays, Ptayor ILirkham declared the motion carried. The City Engineer was instructed to consult the Park Board regarding an internal road NORTH SIIBURBAN SANITARY SEWER DISTRICT: SETJER CONNECTION - AGREEMENT: Councilman Sheridan read the Memo from North Suburban Sanitary Sewer District dated July 12, 1967 regarding the request to connecC Commerce Park to the North Suburban Sanitary SewerDistrict. Councilman Harris sald that my thinking is that we have already indicated which paeh we are going to proceed. I think we would lessen our position in the transfer of capacity by making any other decision at this time. I believe the transfer of one cfs, which we agreed to make for the connections in Melody Manor area, �s more than the connections involved. In fact, I don't know how you would determine what the connection costs would be. These is nothing in Commerce Park to connect -- no structure, no rec, ❑o affluent discharge Councilman Sheridan � agreed, but said, howevex, in this letter of Me1's, he makes reference to different sections of the master agreement He referred to two sections, 203 and 201 I am afraid that some members of the board may try to �ust keep dragging this on until a decision is made by the court regarding our supplemental agreement. The City Attorney said that from a legal standpoint, I don't see that Councilman Sheridan's suggestion would weaken t6e City's position. I would think, that if we entered Lnto an agreement and the board would permit the hookup that the method of paying for it would be reserved until after the court declaratory �udgment. That this agreement does not, in any way, const7.tute a waroer or concession on the part of either of the City or the District but wi11 simply delay the decision until after the court's decision. I would suggest that this would be made part of the agreement. Councilman Harris said that this was part of his concern, that he �ust didn`t want the City to �eopardize its position. Councllman SherLdan agseed he did not want to �eopardize our position. I thought we should try to get this connection permit granted so that constructLOn within this area could ptoceed. Councilman Harris said in that case the attorney should draw up the document accordingly. The City Attorney was given the letter from North Suburban Sanitary Sewer District and would have the agreement ready for the next Council meeting ANOKA COUNTY - BEACH FUND: � Mayor Kirkham commented that he noticed in the Star Cwo or three days ago that Anoka County has a policy wherezn they grant $1,500 to public beaches Columbia Heights was listed among those receiving this fund. Pridley was not mentioned in this listing and I asked Marvin Erunsell to check on this, and he informs me now that Paul Brown checked into it and Fridley is not eligible Uecause we charge for parking. He said that if the beach is open to everyone SPECIAL PUI3LIC HEARING MEETING, JULY 10, 1967 Page 12 in the County free of charge, the $1,500 would apply. In our case, because we charge for parking, we are not eligible. It is true we charge for parking, but that is only to control the number of vehicles, but anyone can use the beach and there is no admission fee. I wonder if we can challenge this if we draw a line where the beach is and put parking on the other side of the line In that way, the parking would be definitely separated from the beach. A suggestioa was made to pursue this item along this line. AD.TOURNMENT • MOTION by Councilman Liebl that the Special Public Hearing Meeting of July 10, 1967 be ad�ourned at 11:00 P.M. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried Respectfully submitted, Hazel 0'Brian Acting Secretary to the Council � t �/I C J / ¢�v. � �L�� L� �� � � �