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12/18/1967 - 00020520� � � ^i �, % �_�3 r THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 18, 1967 The Regular Council Meeting of the City of FrLdley was called to order by Mayor Kirkham at 8:05 P.M. OPENING GEREMONY: Mayor Kirkham asked the audience to stand and �oin in saying the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT: Kirkham, Liebl, Harris, Samuelson, Sheridan MENIBERS ASSENT: None APPROVAL OF MINUTES, REGIILAR COUNCIL MEETING. DECEMBER 4, 1967: MOTION by Councilman Harris to adopt the Minutes of the Regular Council Meeting of December 4, 1967 as presented, Seconded by Councilman SamueLson. Upon a voice vote, there beiag no nays, Mayor Kirkham declared the motion carried APPROVAL OF MINUTES, SPECIAL PUBLIC HEARING, DECEMf3ER 11, 1967: MOTION by Councilman Lieb1 to adopt the Minutes of the Special Public Hearing Meeting of December 11, 1967 as presented. Seconded by Councilman Sheridan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ADOPTION OF AGENDA: There were no items that the Council wanted deleted from the ageada The City Attorney asked that Item 20 be added, "ACQUISITION OF PROPERTP FOR UNIVERSITY AVENUE SERVICE LOOPS". Mayor Kirkham added Item 21, "DISCUSSION OF INSURANCE PROGRAM WITH FORPIER INSURANCE COMMITTEE", and Item 22, "POLICY ON EMPLOYEE HOLIDAY TIME OFF" MOTION by Councilman Harris to adopt the agenda as amended. Seconded by Council- man Sheridan. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CONSIDERATION OF REZONING REQUEST - LOTS 18 TO 20, 23, 24, 7, 8, Nz9, 11 TO 13, BLOCK 11, HYDE PARK ADDITION FROM R-2 TO R-3A, SAMES LUPIENT: Mayor Kirkham said that he would consider this spot zoning and would recommend that it be denied. Councilman Sheridan said that he concurred with this recommendation. Councilman Lieb1 concurred also, and said that he felt the people in this area do not want this type of rezoning forced upon them, and have given the Council a petition in opposition to the rezoning MOTION by Councilman Liebl to deny the request for rezoning Lots 18 to 20, 23, 24, 7, 8, Nz9, 11 to 13, Block 11, Hyde Park Addition from R-2 to R-3A as requested by Sames Lupient, Seconded by Councilman Sheridan. Upon a voice vote, there bexng no nays, Mayor Kirkham declared the motion carried. Y V�Y� �> R�GULAR MEETING, DECEMBER 18, 1967 PAGE 2 CONSIDERATION OF REZONING REQU�ST - LOTS 29 AND 30, BLOCK 12, HYDE PARK FROM R-2 TO R-3A, HENRY LAPIDES: Councilman Liebl said he would like to recommend that this rezoning request be denied a1so, because it is spot zoning and he did not feel it would improve the area. MOTION by Councilman Liebl to deny the request for rezoning Lots 29 and 30, Block 12, Hyde Park from R-2 to R-3A as requested by Henry Lapides. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor KLrkham declared the motion carried. CONSIDERATION OF PETITION ON FONTAINE PROPERTY: Councilman LLebl said that he has received a call from these petitioners, and understands the CLty Manager and other Councilmen have also, and they hope the Council wLll consider their suggestion of not flooding the whole valley, but reserving some of the area as natural wildlife. Mayor Kirkham said that this was a very reasonable request and as this is one of the few wild state areas left it should certainly be given the Council's consideration. Council- man Harris said that this is meant for flood control, so whatever is necessary for adequate control will dictate how much 6ackwatering is done. He said that the water can only go to the 890 1eve1, which will leave a tremendous amount of land left. Mayor Kirkham said that by dredging from the center, there can be a considerable amount of water and still leave a big area of shoreline wild. PETITION ik42-1967 - FLOODING THE LAND THAT WAS ALREADY FLOODED AND LEAVING THE REST OF THE AREA IN ITS NATIIRAL ST. MOTION by Councilman Liebl to receive and file Petition �k42-1967. Seconded by Councilman Sheridan. Mayor Kirkham asked if there was anyone in the audience that wished to comment on this item. There was no answer Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. AWARDING OF CONTRACT FOR SW&SS �k88: Councilman Harris said that this has been discussed before, and it was his understanding that all parties wish to concur with the project. Following are the Sids; PLANHOLDER Scaanson Excavating Company 4745 Shady Oak Road Hopkins, Minnesota, 55343 SURETY BOND Trans America 5% Northern Contracting Company Tr,ans America P,O. Box 272 5% Hopkins, Minnesota 55112 Phelps-Dral� fompany, Inc. Fidelity Deposit 544 Douglas Drive 5% Minneapolis, MLnnesota 55429 LUMP SUM BID $252,926.40 $243,291.00 $238,466.35 COMPLETION TIME 180 Ca1 Days As Specified As Specified L J , 1 , � REGULAR MEETING, DECEMBER 18, 1967 PLANHOLDER F. Morettini Construction Co 852 Westminster Sc. Paul, Minnesota 55101 C. S. McCrossan, Inc. Route 2 - Box 336 Osseo, Minnesota 55369 McDonald & Associates, Inc 211 North Pascal St. pau1, Minnesota 55104 Nodland Associates, Inc Alexandiia Minnesota, 56308 - SURETY BOND Seaboard Surety 5% Peerless Ins 5% Seaboard Surety 5% Trans America 5% LUMP SUM BID $318,587 00 $246,212.30 $258,885.18 $214,287.80 ° ,_, i,, PAGE 3 COMPLETION TIME As Specified As Specified 200 Cal Days As Specified Don Anderson Excavatihg & Suburban Fidelity Deposit $189,394.00 As Specified Sewer & Ldater, Inc. (Joint Venture) 5% 4550 Central Avenue, Minneapolis, Minnesota, 55421 Randall Brothers 34Q0 Silver Lake Koad Minneapolis, Minnesota 55418 Seaboard Surety $?36,583.10 As Specified 5% MOTION by Councilman Harris to concur with the recommendation of the City �ngineer and award the contract to the low bidder, Don Anderson L�xcavating & Suburban Sewer & Water, Inc. (a Joint Venture), 4550 Central A�enue, Minneapolis, Minnesota, 55421 in the amount of $189,394.00. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. DISCUSSION OF CHANGE ORDER - M-4, CIVIC CENTER: The City Attorney said that he felt the contractor should be paid, and if the Council feels any action should be taken in order to get fu11 or partial reimbursement, it should be started against Smiley, Associates. Councilman Liebl said that the outstanding amount owed to Smiley, Associates is less than $1,OOD. He said he had hoped that Mr. Smiley would assume some of the cost, as the mistake had been made by his company. He said that the contractor should be paid as they had done the work in good faith The Council agreed that the contractor should be paid, as the argument was with Smiley, Associates. Mayor Kirkham said that the Council's action tonxght would be to agprnve the change order so that the contractor can be paid. Councilman Harris said he agreed that the contractor should be paid, and in corresponding with Smiley, Associates, it should be stated the City is not waiving any of their rights by paying the contractor. � MOTION by Councilman Harris that the Council approve Change Order �kM-4 on the Civic Center in the amount of $1,950, and that the Administration write a letter to Smiley, Associates stating that the City is not waiving an}� rights to recourse or rights of reimbursement by approving this chaage order Seconded by Councilman Sheridan. Upon a voi�e vote, there heing no nays, Mayor Izirkham declared the motion carried. �� �� � R�GULAR MEETING, DECEMBEA 18, 1967 PAGE 4 CONSIDERATION OF AGREEMENT BETWEEN THE CITY OF FRIDLEY AND FIREMEN�S RELIEF , ASSOCIATION, CITY GARAGE: MOTION by Councilman Harris to authorize the Mayor and City Manager to sign the agreement with the Firemens Relief Association. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor KLrkham declared the motion carried. RESOLIITION ��200-1967 - AUTHORIZING THE INVESTMENT OF SPECIAL MONIES BY THE FRIDLEY VOLUNTEER FIREMEN'S RELIEF ASSOCIATION: The City Attorney said that this resolution and Resolution �k201-1967 have been considered previously by the Council and are ready to be adopted. MOTION by Councilman Sheridan to adopt Resolution �r�200-1967. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION 4k201-1967 - AUTHORIZING THE LEASING OF PROPERTY TO THE FRIDLEY VOLUNTEER FIREMEN'S RELIEF ASSOCiATION AND AUTHORi7.ING THE APPROVAL OF THE FRIDLEY VOLUNTEER FIREMEN'S RELIEF A55 MOTION by Councilman Harris to adopt ResoLution �'F'701-1967. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ' Councilman Sheridaa asked if the amount of property to be purchased from the County has been determined. Councilman Harris said that the County will be opening the bids December 22, 1967 at 10:00 A.M. and will have a meeting after the opening. He said that if the bids come in too high, they will have to 3o some reevaluating and possible re�uggling, and after they know where they are going, they can sit down and discuss it futher. RESOLUTION ik202-1967 - REGARDING THE BUILDING PERMIT APPLICATION BY NORTHERN STATES POWER COMPANY FOR CONSTRUCTION OF A 345 k v. TRANSMISSION LINE: Councilman Harris said that he and the Crty Attorney had worked up this resolution, and he understands that Northern States Power Company has reviewed it. He said that the resolution is the essence of the last meeting that had been held. MOTION by Councilman Iiarris to adopt Resolution �ik202-1967. Mayor Kirkham asked Mr. John C. Pearce, Mr. G V. Welk, Mr. L. H. Wilhelm, representatives for the Northern States Power Company if they have seen the resolution and if they concur with it, The representatives answered yes to both questions. Councilman Liebl said he was not criticizing, but he would like to have resolutions come to the Council with the regular agenda if possible so there is more time for study, so he will know what he is voting on. The City ' Attorney said that the difficulty in getting this resolution ready earlier, was because of the meetings back and forth with Northern States Power Company and it had to be passed at this meeting. Councilman Harris said that he had received the resolution at the same time as the rest of the Gounc i1 � � i � � REGULAR MEETING, DECEMBER 18, 1967 � f PAGE 5 The MOTION was seconded by Councilman Liebl, and upon a voice vote, Council- man Samuelson voting nay, Mayor Kirkham declared the motion carried. Mayor Kirkham pointed out that the resolution regarding the Firemen's Relief Association had been agreed upon at the meeting with the Association, and this resolution was brought to the Council late out of necessity. Councilman Samuelson said he did not think that Councilman Liebl should have voted on this resolution as an employee of Northern States Power Company Councilman Liebl said he was not in an executive p�aeition and was not a stockholder, and his only interest in it was as a Citizen of Fridley He said that he felt Fridley needed the power, so that this is a must. Council- man Liebl said he felt the City had received quite a concession from NSP in agreeing to move the lines which wi11 cost them a large amount of money He said he wondered why Councilman Samuelson voted against it, when the power liaes will be needed for Fridley's expandzng industry. Councilkttan Samuelson said that Northern States Power had been very conside:a*_e aad cooperative, but he did not feel Fridley was gaining aesthetically ar financi311y by having these high line systems coming through our community He said that other routes could have been taken PLANNING CDMMISSION MEETING MINUTES, DECEMBER 14, 1967: : 10 REVISED - ST: The Crty Engineer said that the Planning Commission has recommended approval of the request, but he feels it would be poor planning to divide the lot again. He said that the Council had approved one split, but had denied this request the last time it had been proposed. Mayor Kirkham said that it was contrary to Council policy to a11ow splits on Iot splits. Councilman Harris said that this had come to the Council's attention at a previous meeting, and it was discussed at great length. He said the lot is not adequate for what is proposed, and it is against the Council's policy. He said he could see ao reason to change his mind and approve the splrt. MOTION by Councilman Harris to deny Lot SpLit Request -0�67-01 on Parcels 2000, 2010, 2020, Auditor's Subdivision ��10. Seconded by Councilman Samuelson Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Sheridan to receive and file the Planning Commission Minutes of December 14, 1967. Seconded by Councilman Harris. Upon a voue vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION ik203-1967 TRANSFERRING MONEY FROM THE LIQUOR FUND TO THE CIVIC CENTER CONSTRUCTION FUND: MOTION by Councilman Samuelson to adopt Resolution �k203-1967. Seconded by Councilman Sheridan. Councilman Harris asked the Finance Director if this transfer will take care of all the indebtedness that wi11 be presented The Finance Director said that this does not include the paving of the parking lot, and there may be other small items, but nothing substantial. _� � : '. ; REGULAR MEETING, DECEMBER 18, 1967 PAGE 6 Mayor Kirkham asked what items there were to be completed such as the kitchen � in the Community room, the door in the basement hall, and a lock on the second set of doors on the east entrance. The Finance Director said that they were getting an estimate now on the door into the Fire Station. The City Engineer said that the Fire Department is getting plans for a wash area, but nothing is being done on the Community Room kitchen at this time. Mayor Kirkham said that he would remind the press and public that he was criticized for saying that the City would have to be satisfied with something less than had been designed when they chose the present site over the suggestion he had been in favor of in relocating City Hall, but now the City has built less than was designed and are still short $31,120 which has to be made up out of the liquor fund. The Vote upon the motion was a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLIITION �k204-1967 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOT 14, PARCEL 1580, AND LOT 15, PARCEL 1600, SHAFFER'S SUBDIVI- SION ik1: MOTION by Councilman Harris to adopt Resolution ��204-1967. Seconded by Councilmaa SamueLson. IIpon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION ik205-1967 TO ADVERTISE FOR BIDS - TREE BEAUTIFICATION PROGRAM; Mayor Kirkham asked about the specifications on the program The City Engineer said that this is a continuing program and the specifications would be about the same as last year. MOTION by Councilman Samuelson to adopt Resolution �1{�205-1967. Seconded by Councilman Sheridan. Councilman Samuel�on said that thzs is about a month late going out, as the trees programmed for 1968 wi11 be earmarked now. He said that the bidding should be done in October for spring planting. The VOTE upon the motion was a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION �k?_06-1967 TO ADVERTISE FOR BIDS - ONE TON DUMP TRUCK WITH PLOW: Councilman Harris said he understood this was part of this year's budget The City Engineer said that it was. He said the Park Department was replacing an old truck. MOTION by Councilman Harris to adopt Resolution ik206-1967. Seconded by Council- man Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ' ' � � � REGilLAR MEETING, DECEMBER 18, 1967 i7� AND ESTIMATES OF COSTS ST, 1968-2 (MSAS): . STREET _I_MPROVEMENT PROSCCT ST 1968_1 AND Councilman Sheridan said some people were present at the meeting regarding Gardena Avenue �� k ] h� PAG� 7 Mr. Richard French, 1469 Gardena, said that after the Public Hearing held December 11, 1967 for his information and this Council's, [ie had petitioned all the homes along Gardena Avenue, stating the figure mentioned at the meeting. He said that 41 property owners had signed the petitlon against the improvement, several homes were rented and it was difficult to get to the actual property owners. I-Ie said that 3 people had been in favor of sidewalks in certain areas, and one had signed in favor of the whole pro�ect. He said the people felt the proposal was too expensive, extreme, and not needed. He said they doubted that 4 feet was adequate room for snow storage, and it would be impossible to keep the sidewalks open He said that the volume of traffic is not excessive, but they felt the speed would be �aster on a wider street, Mr. French said that he got the general consensus that the people would go along with a standard street, sidewalks where necessary, and some assurance that catch basins would catch the water flowing down the street, but they were against the pro�ect as presented. fIe said that the peCition represents about 95% of the property owners aiong Gardena Avenue PETITION �k43-1967 - AGAINST THE PROPOSED STREET, SIDEWALK AND STORM SEWER IMPROVEMCNT ON GAR➢ENA AVENiTE: MOTION by Councilman Harris to receive Petition �f43-1967. Seconded by Council- man Shecidan. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Sheridan to delete Gardena Avenue from Central Avenue to Stinson Boulevard from Street Pro�ect 1968-2 (MSAS) Seconded by Council- man Samuelson. Councilman Harris suggested that they adopt the resolution as shown, but the property owners on 73rd Avenue should be corresponded with in regard Co the cost per foot, be£ore the pro�ect goes in. A visitor to the Council Meeting said that he had circuLated a petitian on 3rd Street, He said that he felt that the apartment owners should be paying a different percentage of the cost than the home ow[t�:rs. PQayor Kirkham said that Yhe City is obl7.ged to assess a pro�ect according to the benefit received, and they are no more benefitted than the other property owners The visitor said they should he assessed more because of more general usage of the road. The City Attorney said that he did not know of any precedeat for doing so, and there is none in Fridley. Councilman Samuelson said that the improvement wi11 not cost the property owners any more tnan a standard street, and the additional cost will be borne Uy the State The visitor said that he realized that it is a State Aid Street, but it seemed unfair that 4 or 5 apartment buildings on one s�.de with perhaps 35 vehicles wou�d pay the same as the opposite side of the street wiCh perhaps 5 cars. Mayor Kirkham said that the residents will get a wider street with a stronger base, hut if it was �ust a standard street and aot up to State Aid quality, they would sti11 have to pay the same thing, and would not be gaining anything. i � I � x * REGIILAR MEETING, DECGMBER 18, 1967 PAGE 8 Mr Chester Brozak, 5110 - 3rd Street Northeast, asked the estimated cost of � the pro�ect, and compaz�ed it to the figure that a new stxeet with curb and gutter had cost the people in the area previously. The City Engineer pointed out that the street he was talking about had been built two years ago, and costs keep going up. He said that the City has open bidding, and the lowest bid will 6e the one chosen. Mr. Brozak said that the hZgh taxes and assess- ments are making it miserable for people and they will have to sell and get out. Maqor Kirkham said that it is not the Council doing this. He pointed out that the Council had deleted Gardena Avenue from the pro�ect because the people did not want iC. Mr, Jack Velin, 5105 Horizon Drive, said that this new road wi11 be a four-lane express highway, and asked whq they needed such a heavy road. Councilman Liebl asked if he would be for a standard residential street. Mr. Velin said he liked the visiCor's idea of setting a precedent for the apartments to pay a higher percentage. He asked who used the road more, he or the apartments. The Council was presented with a petition. PETITION 4k44-1967 - OPPOSING NEW STREESS AND GUTTERS ON 3RD STREET BETWEEN 49TH AVENTJE AND 53RD AVENUE: MOTION by Councilman Liebl to receive the petition. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Councilman Harris as[ced if this street had been petitioned. The City Engineer ' said no. He said that the apartment owner wanted it, and it had been proposed to the Council because the existing street is in such poor shape. Councilman Liebl looked at the petition and sazd that the people are against the improve- ment, and they wi11 have to pay the cost �ust as the apartment house will MOTION by Councilman Liebl to delete 3rd Street from 49th Avenue to 53rd Avenue from Street Improvement Pro�ect ST. 1968-2 (MSAS), Seconded by Councilman Harris. Councilman Liebl said that this was in his Ward an�l,he would like the MSAS funds proposed for this street to be used in some other place in his Ward. The Council briefly discussed doing�one sectian of this street, but decided it would not be feasi6le. The vote upon the motion was a voice vote, there being no nays, Mayor Kirkham declared the motion carried. A visitor asked if this were to come up again in the future, would the homeowners be notified. The Council said that they would be, as this would require another public hearing. Mayor Kirkham asked if there was anyone else that wished to be heard on any other street in this pro�ect. Councilman Liebl said that the resideats on Trinity Drive had petitioned for the street last year, but could not get it into the pro�ect at that time. He said they had expressed publicly that they thought the estimate inflationary. He said he did not think the estimate was too conservative, and he did not know the criteria used, but the people �ust wanted a standard residential street with curbs. He said he thought the soil was good, and some of the ' people thought the estimate was set up for the contractors who make the bids. The City Engineer said that the reasons Rainbow Di'ive had a lower estimate was because storm sewer was put zn and available funds for repairing the street, REGULAR MEETING, DECEMBER 18, 1967 , �,� :� PAGE 9 � after the storm sewer work, was put toward the new permanent street He said this had been pointed out to the people and was one of the reasons for the lower estimate. He said that another reason ha3 been that there are more side lots on Rainbow Arive, and the Crtp likes to be conservative on the estimates. Councilman Lieb1 said that if this had been pointed out to the people on Trinity Drive, they would have had a better understanding instead of comparing prices and being upset He said that the people will be willing to go ahead if the cost is a dollar less than the estimate after everything is added, but wi11 be against the improvement if it is over $9 00. The City $ngine�r said that using the existing base could be considered, to bring the cost down. Councilman Harrzs pointed out that there are funds budgeted for sidewalk that will be available if there is any other street that would qualify. The City Engineer pointed out that 75th Avenue from Lakeside Road to St,inson Boulevard had been proposed by Dahlberg Suilders, and one gentleman had been concerned about the 130 feet of storm sewex being put in. The Gouncil remembered that the gentlemen's assessments had been quite high The C�ty Engineer said that this man owned a large Lot, and suggested the street be left in, and aftex the bids are received, they can see if anyone is in opposition. The City Engineer said that this is a large pro�ect and the Council is still considering who should be given some of the work, He said that when the � decision is made, the engineering consultant can be fazed in MOTION by Councilman Sheridan to adopt Resolution #207-1967 delet�ng Gardena Avenue from CenCxal Avenue to Stinson Soulevard and deleting 3rd Stxeet fxom 49th Avenue to 53rd Avenue from Streer Improvement Pro�ect ST. 1968-2 (MSAS), Seconded hy Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. REQUEST FOR TRATLER PERMIT - 4020 MAIN STREET NORTHEAST: Mayor Kirkham explained that this homeowner had had a fire and his home had been burned out. It was also pointed out that this permit was req�ested for a peiiod of one year. MQTION by Councilman Harris to gxant a trailer permit to Mx. Robert Wilson, 4020 Main Street Northeast, sub�ect to approval by the Building, plumbing and Electrical Inspectors, and waive the fee. Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. CLAIMS: MOTION by Councilman Harris to approve for payment General and Public Utilities Claims ��13575 through ��13716, and Liquor Claims 1F1731 through 9k1792. Seconded � by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carrled. i��� , �' REGULAR MEETING, DECEMBER 18, 1967 LICENSES: PAGE 10 MOTION by Councilman Samuelson, seconded by Councilman Sheridan, to approve the following licenses; GAS FITTING Ideal Sheet Metal, Inc, 3964 Central Ave. N.E. Minneapolis, Minnesota By: Albert Vasenius NEW HEATING E.S.P., Inc. 511 West 7th Street St pau1, Minnesota Ideal Sheet Metal, Inc. 3964 Central Avenue N E Minneapolis, Minnesota GENERAL CONTRACTOR Modern Homes 3663 Pierce Street N E. Minneapolls, Pfinnesota CIGARETTE Sandburr 6061 University Ave. N.E. Fridley, Minnesota By• James E. Ethier By: Albert Vasenius By: T. F. Garretsen (Approved by Chief of Police) By: Pau1 J. Rakos Upon a voice vote, there being no nays, Mayor Kirkham declazed the motion carried. ESTIMATES: MOTION by Councilman Harris, seconded by Councilman Liebl, to approve for payment the following estimates; F, D. Chapman Construction Co. and Assoc. Contracting (a �oint venture) 1017 Rhode Island Avenue North Minneapolis, Minnesota 55427 Estimate �{k5 (Partial) 9torm Sewer Improvement proaect ir�87, according to contract (Ely and Ruth Street Areas) Comstock & Davis, Inc. Consulting Engineers 1446 County Road "J" Minneapolis, Minnesota 55432 � RENEWAL t�w NEW ' NEW $13,894.37 ' � REGULAR MEETING, DECEMBER 18, 1967 Comstock & Davis (Estimate Continued) For the furnishing of res�dent inspection and resident supervision for the staking out of the construction work for the following; Estimate �jk8 - Sanitary Sewer, Water and Storm Sewer Improvement pro�ect No. 84 from October 30, 1967 through December 2, 1967 (Baker t?venue between Osborne Road & 75th extended east, Onondaga between Central and Stinson, etc.) Estimate �k5 - Storm Sewer Improvement Pro�ect No. 87 from October 30, 1967 through December 2, 1967 (E1y and Ruth Street areas) Estimate �k5 - Storm Sewer Impsovement Pro�ect No. 82 from October 30, 1967 through December 2, 1967 (Target - Cheri Lane) � ` � � � i PAGE 11 $ 447.00 $ 1,329.00 $ 20 00 Councilman Samuelson asked how the work being done by F D. Chapman Construction Compaay was coming, and if they are �ust about paid up. The Consulting Engineer said that they have �ust about completed the pro�ect except for some minor ' things like sodding and plantings, and that about $4700 has been retained. The vote upon the motion was a voice vote, there being no nays, Mayor Kirkham declared the motion carried. � PETITIONS 1 24 MOTION by Councilman Samuelson to receive Petition �F40-1967 and refer it to the Administration for processing. Seconded by Councilman Harris Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. DISCUSSION OF INSURANCE PROGRAM WITH FORMER INSURANCE COMMITTEE• Mr. B1ack, representing the former Fridley Snsurance Committee, said that at the time the Insurance Committee was disbanded, it had been their understanding that the insurance was Co be bid. He said that in September when the information should have been ready for bidding, they were told that a new City Manager was coming and it would be better if it was done under hLS guidance. Mr, B1ack said that a week ago he was told that the insurance advisex had recommended that it not be bid at this time because they felt the City was getting a good rate from Hartford Insurance, and as Che rate is a 3 year rate, if it was bid at this time it would give Hartford a chance to termLnate the present rate Mr. Black said there were three policies involved, Workmen's Compensation, Liquor Legal Liability and General Liability. He said they would like the former committee insurance men and a11 insurance agencies to be able to at least price it at Chis time. He said that Hartford can cancel at any time if they felt it was a bad experience, and can get off at any time whether it is bid or not, He said that it cannot cost Che City anything, and all they wi11 need j I�; �a REGULAR MEETING, DECEMBER 18, 1967 PAGE 12 is a breakdown of the payroll on policies and the receipts and experience ' on the liquor legal liability. Councilman Harris said that bidding the insurance had been part of the original discussion when the decision to disband the committee was made. He said he felt this was a reasonable request and he would be zn favor of it if there is a possibility the City could save money. Mayor Kirkham questioned how the City could make sure that everqone interested in biddiag were invited, Councilman Sheridan suggested that an "Invitation to Quote^ be published, rather than an invitation to bid, and that any known interested people be notified. The City Attorney said there was no formal requirement to take bids, so rt will have to be published three tlmes. MOTION by Councilman Harris to request the Administration draw up a Notice to be put in the legal newspapez of the Crty as an invitation to quote on the City's insurance policies. The motion was seconded, and upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Mr. Black said they would like an opportunity to get the necessary figures as soon as possible, as the renewal date is only 12 days away. He was told they could come �,nto City Ha11 and get the information at any time. COMMIINICATIONS [�PI The City Engineer said that the County had plans prepared to improve Mississippi SLreet from East River Aoad to IIniversity Avenue this year with an on-grade crossing and they had funds committed for this construction, but the City indicated that they would not approve such plans and would like the County to provide a grade separation instead of an on-grade crossing. The City Engineer said that it seems the City runs into a deal wa11, the request goes to the County Engineer and sits there. He said the County wi11 improve Mxssissippi Street between 2nd Street and University and they will narrow the road from the new 50' to the present 26' at 2nd Street. He said that this will look awful and the citizens will be complaining. He recommended requesting a deadline from the County on when it will be done. If they do not plan on doing it, why not, and if so, when? Mayor Kirkham said he thought the Countq Commissioners should be brought in on this also. CounCiman Liebl asked if the Council had ever requested what they wanted by resolution. Mayor Kirkham said that the Council has passed resolutions telling the County what they wanted, and the Coun�y said it was not feasible, and the City showed them how it was feasil�le. Councilman Harris said that Fridley has been a large contributor to the County Road Fund, aqd because of this the City is entitled to this separation. He said he would lae willing to meet with the County Commissioners if the Council feels this would accomplish something. He said that there was an accident at this crossing a year ago, and this is the only access for fire service wtthout going to Osborae or the freeway. He said that if there was a derailment, accident, or the tracks were torn up, this would �eopardize people's lives. The Council agxeed theq should try to talk to the County Commissioners and ask them to direct the County Engineer to program this in to one of his seasons. MOTION by Councilman Harris to direct the City Managez to write a letter to the County Commissioners requesting a meeting regarding a grade separation on , , REGIILAR MEETING, DECEMBER 18, 1967 4_'jt4 �� PAGE 13 � Mississippi Street. Seconded by Councilman Liebl Upon a voice vote, there be�ng no nays, Mayor Kirkham declared the motion carried �B) SANDSTROM & HAFNER, INC: RE: PROJECT N0. 79 Councilman Harris said that Pro�ect �k79 included the Commerce Park li¢e that is to be connected to NSSSD, but NSSSD has not given permission yet to tie into the iine. He said that Sandstrom & Hafner, Inc. is requesting that this pro�ect be finaled, and they wi11 put enough money in escrow to complete the pro�ect. The City Engineer said he felt this was a fair request, as the money could be kept to hook up the rest of the pro�ect, and he is already over the one year maintenance period that is required. MOTION by Councilman Liebl to receive this correspondence and request the Administration to final out Pro�ect �E79 with the stipulation that Sandstrom & Hafner, Inc., put enough m�ney in escrow to complete the pro�ect Seconded by Councilman Samuelson. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ACQUISITION OF PROPERTY FOR UNIVERSITY AVENUE SERVICE LOOPS: The City Attorney said that he has negotiated the purchase of the Marvin Dittmar property (two lots North of Red's CLub) for a price of $10,000 which is the � price it was appraised at. He said he has checked the title and it is all right. He said the Council should authorize the C�ty Treasurer to issue a check in the amount of $10,000 for the purchase of this property. The Lity Attorney said that he also commenced condemnation of the property owned by Carlson-LaVine� Inc., (between the Standard Oil Station and Dairy Queen ott Mississippi Street), and during the course of the con�emnation, they agreed to a price of $20,000. He said that both cases in his experience were a fair price to both the Ci�y and the property owner, and he recommended that the City Treasurer make funds available for the purchase of the Carlson- LaVine property a1so. Councilman Harris asked about obtaining the money The Finance Director said that temporary bonds would be used, as this would be a street pro�ect, and when it is finalled, the money can be found at that time. Councilman Harris asked about the Ho11y quadr„nt of the service loops. The City Attorney said that they had all the necessary deeds on this quadrant, and have the right of access on the property on the southwest quadrant of the intersection He said they had not reached an agreemeat on the price of the property where the National Tea store and car wash is located, but they have the right of access for construction Councilman Harris asked the City Attorney about the 61st Avenue Shell corner The City Attorney said that nothing has been done at this time on the north- � east intersection. He said the City ENgineex is preparing legal descriptions and plans and condemnation czn be started if desired by the Council He said that before he negotiated with Shell, he should know if the present service road to the west was going to be abandoned, as it would make a difference ii � '� 'i REGULAR MEETING, DECEMBER 18, 1967 PAGE 14 he could assure them that it would cease to be road and would re¢ert to them. ' Counciiman Sheridan questioned whether the Highway Department would release the right-of-way. The Crty Engineer said that this had been brought up and the Highway Department is reluctant to give up their right-of-way, but they might consider z of the right-of-way. Councilman Harris said that if the Council concurs on the southeast quadrant, the northeast quadrant should be followed through with also. The City Engineer said that the Council has given their authorization on the northeast quadrant already The City Attorney said there were a number of reasons that he hasn't proceeded yet. He said he would like to sit down with the people from the Church and try and reach an agreement before condemnation is started. Mayor Kirkham said he had talked with Father Keefe and a mem6er of the congregation, and he had gotten the idea they would prefer that the City condemned the property, The City Attorttey said that he has had some preliminary discussion with them, and will see how the discussion goes. There was a discussion of where the road will go and how 1t wi11 meet up with the road on the southeast quadrant, about property that had been owned by the City and vacated, and that an appraiser has been contacted for a comparison of two d,ifferent locations on 57th Avenue. MOTION by Councilman Samuelson to authorize the City Treasurer to make monies available for the purchase of the Marvin Dittmar property at $10,000 and the Carlson-LaVine, Inc., property for $20,D00 Seconded by Councilman Harris. Upon a vo�ce vote, there being no nays, Mayor Kirkham declared the motion carried. POLICY ON EMPLOYEE HOLIDAY TIME OFF The City Manager said that he understood that it has been the policy to give the City employees z day off before Christmas and before New Years, He recommended that the employees be given the Friday afternoon before Christmas off and the Tuesday morning following New Years Day. He said that this would a11ow them time to get back, if they are go�ng out of town, without driving on New Year's Day, and this would be for their safety. MOTION by Councilman Samuelson to concur with the recommendation of the City Manager and grant the City employees z day vacation before Christmas and z day vacation after New Years. Seconded by Councilman Harris. Upon a w ice vote, there being no nays, Mayox Kirkham declared the motion carried. VISITORS: ' Mr. Lillmars, 1561 Gardena Avenue, said that earlier the Council had deleted Gardena Avenue from Pro�ect 1968-2. $e said that he had signed against the pro�ect based on the way it was proposed, but although he was against the sidewalks, he liked the street improvement. He asked if everything was now cut and dried, and if it was too late to do anything about it. Councilman Sheridan said that the Council could consider another petition, which would entail another hearing He said that the petition could request whatever the ma�ority were in favor of having. Mr. Lillmars asked if a petition would , be tonsidered by the Council Councilman Samuelson said that the Council has to consider a11 petitions. Mayor ILirkham said that if Mr. Lillmars was REGULAR MEETING, DECEMBER 18, 1967 _�� PAGE li � interested, it would be up to him to decide what the people would want in, and then circulate a petition. He said that the Council �.�ou1d appreciate it if he would circulate a petition asking for whatever amount of improvement they wanted, and the Counc�l would consider it at a hearing and give it another try. ADJOURNMENT; There being ao further business, Mayor Kirkham declared the Regular Council Meeting of December 18, 1967 ad�ourned at 10,05 P.M. Respectfully submitted, � -� � � �� i ��«,�� f! f� r. �,< < � � Mary Lu Strom Secretary to the Council � l l r � /r, '/ - " rJ I?�,.� �l C�-' 1 �,<<vI� ��,_� �;``Jack 0. Kirkham j� ; MAYOR