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10/09/1967 - 000206344 r�, � � TIIE MINUTES OF THE SPECIAL PUBLIC HEARING COUNCIL MEETING OF OCTOBER 9, 1967 The Special Council Meeting of October 9, 1967 was called to order by Mayor Kirkham at 8;02 P.M. OPENING CEREMONY: Mayor Kirkham asked the audience to stand and �oin in saying the Pledge of A1legiance to the F1ag. ROLL CALL MEMBERS PRESENT: Kirkham, Liebl, Harris, Samuelson MEMBERS ABSENT: Sheridan ADOPTION OF AGENDA: MOTION by Councilman Harris to adopt the Agenda as presented, Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkh=�m declared the motion carried � PUBLIC HEARING ON ASSESSMENT ROLL - STREET IMPROVEMENT PROJECT N0. 1966-6: The Acting City Manager read the Notice of Hearing. The City Manager said that this was the assessment hearing, not the improvement heari_ng, and the work is substantially completed. He pointed out the maps of the three general areas. Mayor Kirkham said the different areas would be taken in the order they appear in the Notice of Hearing. COMMERCE LANE - 73RD AVENUE TO OSBORNE ROAD; Mayor Kirkham said the assessment rate for this portion of the improvement is $7.46 per foot, There was no one present that wished to be heard on this portion of the pro�ect. UNIVERSITY AVENUE WEST SERVICE ROAD - 73RD AVENUE TO OSBORNE ROAD: Mayor Kirkham said the assessment rate for this portion of the improvement is $10.82 per foot. There was no one present that wished to be heard on this area. ARTHUR STREET - 75TH AVENiIE TO OSBORNE ROAD: Mayor Kirkham said that the assessment rate for this portion of the improve- � ment was $11.31 per foot, and that water and s�wer services were also installed on some parcels. He said the rate per�water and sewer service was $573 63 Mrs. Frank Hlavinka, 150D Osborne Road, asked how come the assessment was more for this area as compared to Commerce Lane Mayor Kirkham said there were different requirements depending on such things as ground conditions r�,�� ,�, SPECIAL COUNCIL 1�E13TING, OCTOBER 9, 1967 PAGE 2 Mrs. Hlavinka asked why the difference in ground conditions should be the ' responsibility of the residents She felt this should be an overall City problem. Mayor Kirkham explained that it is the policy of the City of Fridley to charge the cost of a pro�ect to the benefiting property owner. The City Engineer explained that the subsoil conditions differ in different areas, and if there is bad soi1, it has to be dug out before a street can be built over it. Mr Hlavinka said that they have a high spot in front of their property, and that the bad soil was across the street from them. The City Engineer said that the whole pro�ect is divided equally over Che area, and not lot bq lot. Mrs. Hlavinka said that in Minneapolis only developers have to pay 10D% of an assessment, The Gity Engineer said that it was true that Minneapolis does not assess 100%, but that Fridley always has. Mayor Kirkham said that this depends on the policy that is adopted by a City when it first starts putting in streets. Mr. bernard Becker, 7664 Arthur Street Northeast, said he had 6een watching this pro�ect very closely, and would Like to know 7ust what had been done to recondition the soi1. The City Engineer said that south of 76th Avenue some peat had to be taken out. Mr Becker sa�d that he lived north of 76th Avenue and had his water and sewer in, and now he was being charged for his neighbors improvements. Mayor Kirkham said that the neighbors would be paying for their own services, and the reconditioning of the soil would be charged to the cost of the pro�ect which is divided by the benefiting abutting property owner Mr. Becker mentioned a problem where the sewer is backing up into the basement of a house on Arthur and Osborne. The C1ty Engineer said that there is a ditch there that wi11 be opened and eventually eliminated when Osborne is ' improved by the County. Mr. Richard Kimbler, 7638 Arthur Street Northeast, complained about the way the boulevard was leit. The City Engineer said that the contractor has not been paid for all the work done yet, and the City is not too happy with the work on the boulevard, and it will have to be leveled. He said the City does not sod the boulevard as this would have to be added to the price of the contract and assessed, and the individual property owner could probably do it cheaper himself. He said the City �ust puts down some black dirt to keep the sand from blowing. Mr. Kimbler said all the other areas seemed cheaper than their $11.31 cost. The City Manager said there was no question that it is higher than the average cost, but the City has the breakdown on the total contract in the City Engineer's office Councilman Harris quoted the total bid price on Arthur Street - 75th Avenue to Osborne Road as $24,416.82 which he explained was divided by 2160 feet of benefiting property, ta give the $11.31 per foot cost. Councilman Liebl said he assumed that the pro�ect had been petitioned by the ma�ority of the people. Several of the people said they had petitioned for it. Councilman Liebl asked the people if they were satisfied, or �ust what their ob,7ection was. Mr. Kimbler said he ob�ected to the price for what they were getting. Mr. Becker said he was not satisfied as far as the boulevard was concerned. Councilman Liebl said that the boulevard work had not been ' put in the contract, and the City had only promised black dirt. Mr Beaker said that he understood this, but still Chought the price was way out of hand, and it seemed it could be put in much cheaper in other areas The City Engineer explained again that the contractor had hit bad subsoil and there had been some storm sewer work as part of the street pro�ect which had increased the cost. Mr. Becker said that he could have hauled in dirt himself cheaper. SPECIAL COUNCIL MEETING, OCTOBER 9, 1967 ' The City Engineer said that the bidding is open and anyone can bid on the pro�ect. Mr. Becker asked why he had to help pay for the storm sewer The City Engineer said that his water would drain into this storm sewer He asked if he would be charged for ma�,htenance next year, if the street starts cracking The City Engineer said t'hat maintenance comes out of the general fund Councilmaa Harris said the contractor has not been completely paid yet, and wi11 not be completely paid until everything is satisfactory, so they can let the Crty Manager know of anything to be fixed or corrected Mr. Hlavinka said that he had a nice asphalt driveway before a bulldozer ruined it. Mayor Kirkham told him that any driveway ripped out wi11 be replaced. Mr. Hlavinka also said that the curbing was not good on Osborae He was told that the County is planning to improve Osborne Road next year and a11 these obstructions will be repaired at that time. Mr. Becker asked when this assessment will go on his taxes, and the City Manager explained the procedure to him. Councilman Liebl said that, in view of the complaints made this evening, he would like to ask that the City Engineer inspect this pro�ect once more and see that everything is taken care of before the final payment to the con- tractor is made. STREET - LAKESIDE ROAD TO STINSON BOULCVARD i3 � PAGE 3 Mayor Kirkham said that the assessment rate for this portion of the improvement is $7.03 per foot. Water and sewer services were installed on some parcels, 1 and the rate per water and sewer service is $485.07 No one wished to be heard on this portion of the pro�ect. SERVICE DRIVE EAST OF HIGHWAY �k65 - SHOREWOOD LOUNGE TO 63RD AVENUE: Mayor Kirkham said the assessment rate for this portion of the improvement is $12.79 per foot. Mr. James W. Gibson, 6289 Highway �k65 Northeast, was present at the Council Meeting and said that he did not have any ob,7ection to the improvement, except that he felt 30 feet was too narrow for the r�?ad. He said that they will be trying to bring the traffic in and out of the shopping center as efficiently as possible. The City Engineer said that the City only has a 30 foot right- of-way and a 29 foot street was put in He said that the State put in the service road along University Avenue and it is onLy 26 feet wide Mayor Kirkham said that the State right-of-way is used for saow storage now Mr. Gibson said that at the pres��rst, his proposed plans in this area are at a 4inaacial stalemste, but if he builds, he plans to build back far enough so that the street could be widened at that time. He said he could not ob�ect to the pro�ect because he felt it was a great improvement and the assessment was fair, Councilman Harris said that when Mr. Gibson was ready with his plans it would be the time to reevaluate this acea MOTION by Councilman Samuelson to close the Public Hearing on the Final Assess- ment Ro11 for the 1966-6 Street Pro�ect. Seconded by Councilman Harris. Upon � a voice vote, there being no nays, Mayor Kirkham decLared the Public Hearing closed at 8;36 P.M. !'��s 4, J �.s SPECIAL COUNCIL NIP�ETING, OCTOBER 9, 1967 PAGE 4 PUELIC HEARING ON ASSESSMENT ROLL - STREET IMPROVEMENT PROJECT N0. 1966-2: ' The City Manager read the Notice of Hearing. He said this was an Assess- ment Hearing on sidewalks and street surfacing in various areas. SIDEWALK CONSTRUCTION: The Crty Manager said the sidewalks are on West Moore Lake Drive from 61st Avenue to Carol Drive and from the south property line of the school to 61st Avenue, 7th Street from 59th Avenue to 61st Avenue, 61st Avenue from University Avenue to West Moore Lake Drive, and West Moore Lake Drive from Baker A�avie to Highway �k65, and are added together under one cost which is $4.04 per foot. The City Manager said that residential property owners wi11 pay one-half this amount, or $2.02. Mr. �dmond Sworsky, 491 Northeast 61st Avenue, said he had heard a rumor the property owners are to be billed $15.00 a year for maintenance of the side- walks. He was assured this was not true Mr. Sworsky s'aid that originally he had been against the sidewalks, but now he will not deny the need for them, but asked if they would be taken care of, or if he woul'd be fined for not taking care of them after not wanting them in the firstlplace. Mayor Kirkham said that the City wi11 take care of the sidewalks. Co�uncilman Harris said that the City plans to purchase more heavy duty snowplowing equipment to do this. Mr. Sworsky asked if this would be continued after the City has added more sidewalks. Mayor Kirkham said he would hope it would not be changed by a future Council. He said that after a policy is set, it usually is not ' changed Mr. Sworsky said that about 4 rolls of sod had been torn up and not replaced. He was instructed to take this up with the City Engineer. Council- man Liebl asked Mr. Sworsky if he was satisfied with his drivewag and slope. Mr Sworsky said he was satsfied with everything but the elevation, as there was a 6" step between the apron and the blacktop, but the City left a ro11 of blacktop and if this remains, he wi11 be satisfied. Councilman Liebl said he would llke to comment on one point that Mr. Swoxsky brought up He said the reason he had voted against the nuisance ordinance was because he did not feel you should pass ordinances for ordinances sake, and then have them collect dust on the shelf. They have to be enforced, and in the future the City will not be able to maintain the sidewalks, and the ordinance wi11 work against the people. Councilman Liebl asked what kind of precedent would be set on snowplowing, and what would have priority. Mayor Kirkham said that it would be common sense to plow the streets first and then the sidewalks. The City Engineer said that the City does not have adequate equipment at this time, and they axe asking for the equipment to do the �ob properly. Mayor Kirkham said that this is in the proposed budget STATE AID STREETS: WEST MOORE Lt�l� DRIVE - BAKER STREET TO HIGHWAY ��65: Mayor Kirkham said the assessment rate for this street is $8.73 per foot. Mr. Sol Gixnzburger, 6209 Baker Street Northeast, asked how this figure was arrived at, and said he had been assessed but had received no improvement. ' Mayor Kirkham gave him his assessment as $392.85 and explained that the cost of $8.870.52 had been divided by 1017 feet of street, which came to $8 J 3 per foot, The City Engineer explained that this was a State Aid Street and the assessment was based on a typical street in this area. He said that � � � SPECIAL COUNCIL MEETING, OCTOBER 9, 1967 the total cost of the actual street, curb and gutter was $22,400.31, but $8.870 52 had been the assessable amount Mr. Gunzburger said that this street had been made a hazard and speedway, and they had left sand on his property so that his fence had been buried 6". He asked if the City had an ordinance regarding hlowing sand. Mayor Kirkham said that our new Nuisance Ordinance would take care of this. He said that norice of the ob�ection should be given so the Administration is aware of it, and it will be enforced. Mayor Kirkham said that the church wi11 be requested to take steps to eliminate this problem. Councilman Harris said the City Engineer could stop at his house and look over his property. Mr. Gunzburger said that he had paid twice to improve this street already, and he was not satisfied with the assessment. The City Engineer said that the previous street was a stabilized oil mix base, which had been put in many of our older areas years ago. He said that miles and miles of this had been rebuilt last year in the Plymouth area He said that the actual price o£ the pro�ect is over $22,000 and only over $8,OOD oE it wi11 be assessed, and for this Mr. Gunzburger wi11 be getting an extra heavy base and storm sewer. Mr. Gunzburger said he ob�ected to paying any of the assessment. RICE CREEK ROAD - HIGHWAY ��65 TO CENTRAL AVENUE: Mayor Kirkham said the assessment rate for this street is $14 06 per foot. No one present wished to be heard. MOTION by Councilman Harris to add the assessment of $750 to Parcel 1800 in Auditor's Subdivision ik88 for additional street work to be done as petitioned. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 73RD AVENUE - COMMERCE LANE TO HIGHWAY �F47: Mayor Kirkham said the assessment rate for this section of street is $8.18 per foot. No one present wished to be heard. SENIOR HIGH PARKING LOT: Mayor Kirkham said that the total cost of this pro�ect is $1,192.55. No one present wished to be heard on this matter. �� � PAGE 5 MOTION by Councilman Samuelson to close the Public Hearing on the Assessment Ro11 for Street Improvement Pro�ect 1966-2. Seconded by Councilmaa Samuelson. Upon a voice vote, there being no nays, Mayor Kimkham declared the Public Hearing closed at 9:03 P.M. MOTION by Councilman Liebl to request the City Engineer to inspect this pro�ect before the final payment is made to the contractor because of the ob�ections Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION �k180-1967 - CONFIRMING ASSESSMENT POR STREET IMPROVEMENT PROJECT ST. 1966-2• MOTION by Councilman Harris to adopt Resolution ��180-1967. Seconded by Council- man Lieb1. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 4;. �� �3' �_ SPECIAL COUNCIL MEETING, OCTOBER 9, 1967 ASSESSMENT FOR STI MOTION by Councilman Samuelson to adopt Resolution ik181-1967 Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. PAGE 6 PUBLIC HEARING ON STREET IMPROVEMENT PROJECT 1967-1 (ADDENDUM ��1)(HUGO STREET): The City Manager read the Notice of Hearing. The City Manager said that this improvement hearing has been held once before, but it was being held again. The City Engineer explained that two proposals were given to the Council, and the Council authon zed the present plan which included one more property owner that had not been informed at the previous hearing. Mayor Kirkham said that this additional extension runs north and south and will mnaect Hugo Street to Ironton Street, and gave the assessment rate as $8 56 per foot. 1 Mrs. Swanson, 3254 Arthur Street Northeast, said that she owns this piece of property and has never been notified of any condemnation proceedings. She said there is a utility easement, but no street easement on her property. The City Attorney said this was under condemnation, and he was under the impression the Police Department had served the property owner with notice. He explained that 3 appraisers vie[v the property and will meet with the property owner and the City Attorney to give their idea of the value of the property and to discuss it. If Mrs. Swanson does not feel the price is fair she can appeal ' it, as can the City. The City Attorney said he believed the meeting would be November 8th or lOth, so Mrs. Swanson wi11 be receiving notice of the meeting soon. Mrs Swanson asked if she will be paying taxes for frontage on this street and also on Ironton. Councilman Samuelson said he assumed the new street would be a sideyard assessment Mrs. Swanson asked if Ashton Avenue will go through also Councilman Samuelson said that there are no plans for this at present, and that someone would have to petition for this improvement. Mr. Randy Lobach, 314 Ironton Street, said he had heard that the people on both Hugo Street and Ironton Street are to be assessed for the street connecting the two The City Manager said it was correct there would be an assessment against these property owners for this street. Mr. Lobash complained that his residential street gets the truck traffic from a factory in the area that does not have to pay. He asked if Ironton was going to be blocked off for heavy traffic wrth concrete gutter Mayar Kirkham said that there is a plan to vacate part of Ironton to avoid this traffic in the future. Council- man Samuelson said that as soon as the ad�oining property owners petition for Ashton Avenue, it could be vacated, but at present there is no other access to Ashton. The Council policy of assessing streets half-way down the block was explained to the people. Mrs. Kenneth Sporre, 301 Ironton Street Northeast, said that this whole area ' is under question at present, because of streets and the possibility of a park She said that the Park Commission has said that some of this land could be considered for park land if there are no bordering main streets. She suggested that one parcel be used for a park and that Ashton go all the way to 83rd Avenue, which would alleviate the traffic from the factory and SPECIAL COUNCIL MEETING, OCTOBER 9, 1967 u_� �� PA� � ' give an area for a park. Mr. Ralph Officer, 315 Hugo Street Northeast, came to the Council table also, and they pointed the area out on a map There was a long discussion at the Council table. Councilman Harris suggested the Council petition for Ashton Avenue and ca11 a Public Hearing. MOTION by Councilman Harris that the Council call a Public Hearing for a street improvement pro�ect on Ashton Avenue, Seconded by Councilman LieUl IIpott a voice vote, there being no nays, Mayor Kirkham declared the m�Lian carried. Councilman Harris said that in preparation for the pubLic hearing the City Engineer could find any available data on the possibility of 83rd Avenue being tied in with this pro�ect There was a discussion about some bulldozing work that is going on by the Great Northern railroad property. It was pointed out that this was being done in Coon Rapids for an industrial park. The Council discussed a date for the Public Hearing so the people wi11 have ample notice and be aware of when the hearing is to Ue held. It was also pointed out that the date will be published twice in the legal newspaper MOTION by Councilman Harris to set the date of December 11, 1967 as the date of the Public Hearing of the proposed Ashton Street improvement pro�ect Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, � Mayor Kirkham declared the motion carried MOTION by Councilman Samuelson to close the Public Hearing on the Preliminary Assessment Roll for Street Improvement Pro�ect 1967-1 (Addendum �kl) (Hugo Street). Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the Public Hearing closed at 9:45 P M. RESOLUTION -0�182-1967 ORDERING IMPROVEMENT AND FINAL PLANS AND SYECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PRO.7�CT ST 1967-1 (ADDEN- DUM ��1 : MOTION by Councilman Samuelson to adopt Resolution #182-1967. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor IZirkham declared the motion carried. ESTIMATE - F. D. CHAPMAN COMPANY - PRO.TECT NO 87: The City Attorney said he has discussed this with the Consulting Cngineer, and has received a letter from the Attorney for the Chapman Company requesting a formal extension of 30 days, and it is the recommendation of the Consulting Engineer that this be done. He said that this could be done by order of the engireer but Mr Comstock is requesting that the Council pass a motion instructing him to notify the contractor of the granting of an extension. The City Attorne�y said this would be granted wrthout the waiver of rights on either � side as far as extra compensation is concerned. Mayor Kirkham asked the City Attorney if he concurred with this. The City Attorney said that he did He said the work is progressing and appears that the Company may be able to over- come what they thought were insurmountable problems The City Attorney said that a formal extension of time has not been granted and P. D Chapman Company has been working without it �� �v� SPECIAL COUNCIL MEETING, OCTOBER 9, 1967 - PAGE g MOTION by Councilman Samuelson to grant a 30 day extension to the F. D. ' Chapman Construction Company for the completion of the contract on Pro�ect ��87. Seconded by Councilman Harris. Upon a voice vote, with Councilman Liebl abstaining, Mayor Kirkham declared the motion carried. The City Attoraey said he had discussed paying the estimate with the Consulting Engineer and Mr. Comstock feels that this was for wark done in August, the work for September has not been paid and there is the usual retainage and bond, so it is his recommendation that this estim3te be paid. MOTION by Councilman Harris to approve the following estimate in the amount of $3,741.47 for work completed by the F. D. Chapman Construction Company: I'. D. Chapman Construction Co. and Assoc. Contracting (A Joint Venture) 1017 Rhode Island Avenue North Minneapolis, Minnesota 55427 ESTIMATE ��2 for Storm Sewer Improvement Pro�ect fk87. $ 3,741 47 The motion was seconded by Councilman Samuelson. Upon a voice vote, there being no aays, Mayor Kirkham declared the motion carried VISITORS; TRAFFIC, RAT AND DOG PROBLEMS: A visitor to the Council Meeting asked if anything is going to be done about the traffic at 76th and Osborne Road, now that someone has been killed there. He said that cars cannot get across, and the children have to cross for the school bus. He said he had heard that it was at a standstill because of some disagreement between Spring Lake Park and Fridley. Mayor Kirkham said that Fridley has agreed to pay their share of the cost for the signals and he is sure that Spring Lake Park has also. He said that the State Highway Depart- ment has been asked repeatedly to proceed with this, but they are waiting for some controls as he understands it. The visitor asked if there is any- thing the citizens can do to speed this up, as the whole area is ready to do something. The Council suggested they write letters to the Minnesota Highway Department, and their Senator and Representative. Mayor Kirkham said that pressure at these points would help A visitor to the Council Meeting said that their cats have been dragging home big rats from the area between Bacon Road and Old Central, south of Osborne Road. He said this was a big field where the children play The Council informed him that the Health Inspector will be informed of this immediately. ' Mr, Bernard Becker, 7664 Arthur Street Northeast, said that big dogs in the area are ruining his lawn and shrubbery He said he has called the dogcatcher, ' but he never sees him around. Mr. Becker asked why the leash law is not enforced, Councilman Samuelson said that we have a new dogcatcher now, and we have had fewer complaints this year. Mayor Kirkham said that the dog- catcher has been patrolling SPECIAL COUNCIL MEETING, OCTOBER 9, 1967 ' Another visitor said that Arthur Street has become a drag strip and three times in one week they had called the Police Department who came out with radar, but nobody had come by speeding at that time. Councilman Harris said Chat radar could be put out again. Mayor Rirkham asked the visitor when the ideal time would be. He said between 7 P M. and 11 P.M. He said they speed by even at 2;00 or 3:00 in the morning. Mayor Kirkham told the visitors that the City Manager will have the radar out there ESTIMATE: STREET PROJECT - �k1967-4: The City Engineer had the estimate for the Street Improvement Pro�ect ST. 1967-4 for the work done on 64th Avenue and Sth Street by Northern Asphalt Construction Company. He said the work is about 90% completed and Chis estzmate will pay about 75% of the contract. MOTION by Councilman Harris to pay the following estimate: Northern Asphalt Construction Company 1631 - 66th Avenue Northeast Fridley, Minnesota 55432 Estimate 4�1 for work completed on ST. 1967 -/+ $20,298.19 � The motion was seconded by Councilman Samuelson. Upon a voice vote, there being ao nays, Mayor KZrkham declared the motion carried. COMMLiNICATION: (A) HOFFMAN ELECTRIC CO., INC. - LIGHTING FIXTURES FOR NEW CIVIC CENTER: MOTION by Councilman Harris to receive and fi3� the communication from Hoffman Electric Company dated October 5, 1967. The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CITY GARAGE• , � � �A� . PAGE 9 The City Engineer said that he had received the plans for the new City garage from the architect. The Council studied the plans and made several suggestions on changes in the location of the stockroom, mechanical xoom, and lunch room, and suggested a bigger locker area, but the structural plans were unchanged. Councilman Liebl asked if there wi11 be room for all the emergency vehicles to be under the roof The City Engineer thought it would be possible He said that this is the minimum plan and zt can always be added on to. Councilman Harris said the Council will know better whea the fiaal ]and costs are made known. The City Engineer was given authority to proceed with soil borings and final � plans. AD.TOURNMENT: There being no further business, Mayor Kirkham declared the Special Public Hearing Meet3_ng of October 9, 1967 ad�ourned at 10;15 P.M < Respectfully subm2tted, �,�jez.�t,�, �� ,� J � � l�. � Mary Lu Strom, Secretary to tFYe Council � �� �i.d'� �� ,t„� '�-�- � ^ yY CK 0. KIRKHA`�4 —�MAYOR