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03/12/1973 - 00016746� ��11 THE MINUTES OE THE PUBLIC HEARING COUNCIL MEETING OF MARCA 12� 1973 The Public Hearing meeting of the Fridley City Council was called to order � at 7:30 p.m., March 12, 1973, by Mayor Lieb1. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PP.ESENT: Starwalt, Liebl, Utter, Nee, Breider. MEMBERS ABSENT: None. ADOPTION OP AGENDA: Mayor Liebl said the following rtems were to be added to the agenda: PROCLAMATION Proclaiming the month o£ March as Membership month £or the Anoka County Association for Retarded Catizens. Consideration of a resolution relating to changes in the Police Pension plan o£ the Crty o£ Fridley. � Reconsideration of awarding contract for water facility #109-A. MOTION by Councilmatt Starwalt to adopt the agenda as amended. Seconded by Councilman Utter. Upon a vo�.ce vote, all voting aye, Mayor Liebl declared the motion carried ur�animously. PROCLAMATION: Mayor Liebl read aloud the Proalamation proclair�ing the month af March as Membership Month for the Anoka County Association for Retarded Citizens and urging that the citizens of Eridley give fu11 e�upport to this ef£ort to overcome retardation. MOTION by Councilman T.Ttter to adopt the proclamation. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Pictures were taken at the Council Table of Mrs. Sames Calhoun, Bobby Calhoun and Mayor Liebl POBLIC HEARINGS: PUBLIC IIEARING ON A REZONING REQU�ST� ZOA r�72-11, BY UNION OIL COMPANY, � 5695 HACKMANN AVENUE N. E. TO REZONE FROM C-1S (LOCAL SHOPPING) TO C-2 (GENERAL SHOPPING): MOTION by Councilman Breider to waive the reading o£ the Public HearYng Notice. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unaniously. �d ' PUBLIC HEARING MEETING OF MARCH 12� 1973 PAGE 2 � The City Engineer referred to the minutes o£ t��d Planning Commiac,ion meeting of December 20, 1972, stating there had been two requests, one, to rezone the property where the present service station is located as rt is non-conforming use and Union Oil Would like to build a new station; and, secondly, a request For a special use p�innit to construct a convenience stc,;�e and continue the use of the service station. He added, the construcY.ion of the gas station and how the station would fit into the area should be considered. Th2 City Engineer added, there is a traffic problem created by the four way intersection. He said the Highway Department has appropriated land for modification and improvement of the intersection. He said the potential of the number of cars being carried by the intersection may be from 3,000 to 10,000 by the year 1975• He added, the development of Innsbruck had increased the amount of traffic in the area. He said the present intersection would be unsafe� unless the City makes provisions for the increase and plans a safe intersection. He said there are four possible pxoposals for the the 5eview of the Council fox the modi£ication of the intersection. The City Engineer ;.isted the £our proposed routes and pointed them out on a map on the overhead pro�ector. 1) Beginning at Matterhorn on Hathaway Lane and continuing down Hathaway Lane to the Central intexsection. � 2) Beginning at Matterhorn on Hillwind Road to Po1k Street to Hathaway to the Central intersection. 3) Beginning at Matterhorn on Hillwin�. Road to behind the service station, forming a loop-back. 4) Beginning at Polk Street on Hathaway Lane and continuing to the intersection, but this portion of roadway would become a one way to the west. A resident of the area said he was under the impression that the Public Hearing Notice had said the Hearing would begin at 8:00 p.m., he added, he knew of many of the area residente who would attend the meeting, but would not be there until that time. Mayor Liebl said the Hearing would continue for some time, and there was no threat that those planning on being there at 8:00 p,m. would not be heard in reference to the item. The City Engineer said both of the Pul�lic Hearing Notices had specified 7:30 p.m. The City Engineer referred to the four proposals stating there were advantages and 3isadvantages to each of the proposals. He said proposal number one was basically a residential area and not too we11 suited to the additional traffic. He said there would also be dif£iculties in the sewnd proposal as this was also through a residential area with some apartments. IIe added, the terrain would be difficult, and dividing of the property would be difficult. The City Engineer said the third proposal would in�;olve the least � number of residential properties. He said a loop-back would be used as has been done in a number of other instances within the City. He said the traffic would be routed to the outer drive and brought into the intersection behind the gas station. Proposal number four, he said, would create a one way in the short stretch of roadway between Polk Street and the intersection on Hathaway Lane. He said this would force all other incoming traf£ic in the area to take another route such as Matterhorn or Gardena. � )G PUBLIC HEARING MEETING OF MARCA 12, 1973 PAGE 3 I3e said the reason for the review of the traffzc change proposals at this � tune was to try to consider the traffic problem an� plan as a point of development of the area. Mayor Lieb1 said that Matterhorn would be completed to Gardena. He stressed, under no circumstances was the City to change the traffic pattern on Hathaway Lane, this had been told to the property owners. Mayor Liebl asked the City Engineer if the connection between Matterhorn and Gardena would be completed at the time of the proposed pro7ect. The City Engineer said this was true. Mayor Liebl listed the various routes for traffic to gain access to the area in several directions. He said at no time would he advocate routing 2,500 cars along Hathaway Lane. He said he believed the u5e o£ Gdrdena, Hillwind Road and Silver Lake Road through Innsbruck should be considered. He sazd the steepness of the terrain would not accommodate 2,500 cars, it would be too hazardous. Mayor Liebl said he had talked to the people of the area and he did not believe the City should try to divert the traffic so it will not cause interference as it does today. The City Engineer said there are many areas that must have unprovements, he added, the CYty had been working with the Highway Department. The City Engineer pointed out the outer drive and island on the map on the overhead pro7ector. Mayor Liebl asked if a half circle were created, how much land would have to � be acquired from the property owners in the front of their homes� The City Engineer said there would be no need to acquire any land, and there is only one property owner with residential property in the area. The Crty Engineer pointed out the area where the resident lives and stated the property owner could obtain access from his property on a service road. He said L-he City could install some kind of fencing for protection and security. Councilman Starwalt said he believed the Council was trying to handle two problems at the same time. He said the Union Oi1 Company would like to have the property rezoned enabling Union Oil to add to the present facility or rebuild the service station. He said the building permit cannot be issued before the property is rezoned. Councilman Starwalt said Mr. Hubbard of the Union Oil Company said the convenience store could be taken out of the plans if the property owners of the area felt it would further complicate the traffic situation. He said the request would be simply for a building permit for the gas station. He said the current matter is a far reaching situation as the traffic problem must be considered. He called on Mr. Hubbard to express his views. Mr. Hubbard said the Company either wanted to add on to and remodel the the existing structure or build a new building. He sazd the City staff had said they would like a loopback that would close off the road in front of the station and these plans were submitted to the Company and had been � approved. He said the convenience store was not a requirement of the plan. He said the Company was willing to withdraw this portion of the plan if the City desired. He said they wanted to continue business at the existing station and modernize the facility, Mayor Liebl said he was cognizant of the fact th�t the Company wanted to � ��3 �� PUBLIC AEARING MEETING OF MARCH 12, 1973 PAGE 4 � renovate and update the bullding. He said he believed the Company would be hesitant to complete a large addition without first taking care oP the tra£fic problems. Mayor Liebl said four streets are coming together in the area, and the City would have to solve four different conflicts. He said the residents of the area have to geL- around this area. He said he believed the cseation of a loopback would xedvice the accident rate as it had cione on 61st and T. H. #47. He said this would force the people to slow down particularly with the construction of a divider. He mentioned the increased problems in the summer months created by the drive-in movie across the hiqhway. Mayor Liebl said it is the obligation of the Council to provide a safer intersection and anticipate the increase in traffic that will be created by the developmext of Innsbruck North. fIe added, this is why the current discussion for rezoning had to be considered along with the tra£fic problems of the area. Counailman Utter said he would like to see a copy of the communication from the Union Oil Company in which they approve plans for the loopback. Mr. Hubbard said the City Engineer had a copy of the letter. Council.man Starwalt asked the possibility of deleting the plan for the convenience sta=e, approving the rezoning and handling the tra.ffic problerss at another time when a more complete plan can be provided by the Crty Engineer, allowing the Company tune for construction. Councilman Breider said he believed this to be a£easible method of handling � the matter. He said he believed the proposals for the elimination of the traffic problems to be very complex and should be discussed at length with the area people. He said he believed the present meeting was resulting in the spinning of wheels as nothing could be acted upon. Mayor Liebl a5ked the City Attorney if the property were to be rezoned, could the Company build on it? The City Attorney said the Citp would prefer that the Company obtain a building permit. He said the two matters are separate, legally. Before the builcling permits can be issued, the Company will have to submit plans to face the building oie way or the other. He questioned whether this would be feasible for the Company before the entire area plan is finalized. Cour.cilman Utter said he did not believe the Company would like to build the station now and relocate it in a years time. The City Attorney said i£ the Company does build at the present time, and faces the building in a mann�r that would not be accessable,there would be considerable damage to the Company. Mayor Liebl said he thought it would be more feasible for the Oil Company to remodel the station at the present time. Mayor Lieb1 stressed the importance of considering the problems of the entire area before any action is taken on the matter. Councilman Breider asked if the City could stipulate that the Union Oil Company work with the City or only remode7. at this time or until a satisfactory � traffic pattern has been worked out. The City Attorney said if these matters were put in the form of stipulations, they would be strongex than if thexe were no stipulation at all. Ae added, if the plans were to face the station on T.H. #65, the Council could delay granting a permit until the study of the traffic pattern is completed. He said the Oil Company would have to comply or request a building permrt. _� 4�,� PUBLIC HEARING MEETING OF MARCH 12, 1973 PAGE 5 Councilman Nee asked the difference in investsnent between remodeling and rebuilding. Mr. Hubbard said $30,000 to $35,000 would be involved � in remodeling and $90,000 would be used for rebuilding. Mr. Hubbard said something had to be done. xe said if the plan called for rebuilding, this would be perfectly allright as they had dedicated the land.for the proposed loopback. He said if the Council so desired, this plan could be put into effect six months from now, this would be fine. He said the dedication should be withdrawn from the plan if the City does not put the loopback in. Councilman Starwalt said he did not belzeve the traffzc problem solution could be reached in a period of six months. He said the Council's hands are tied until some plan is developed through the cooperation of the State, County and area residents. The City Engineer said this is the reason he had brought the information on the proposals to the Council, as they were closely related. He said every step of the way should be worked out for a solution of the problems of L-he entire area. He said they had to work with the State, County and the Oil Company for finding a solution to the routing of tra££ic. He said the City cannot go to the other departments involved until rt has determined what plan is needed. He said this all had to be planned at the local level. Councilman Starwalt asked if the construction of a station would create more problems? The City Engineer said as long as the station is there, he felt it could stay there. He said the City would like to solve the � problem with the consideration of what is in the best interest of the City, the area people and the Union Oil Company. Councilman Starwalt asked if the Comprehensive Plan was bexng considered in the solution of the probTems o£ the area� The City Engineer pointed out an area on the map on the overhead pro�ector saying there is no sewer in a certain portion of the area. He saad the plan that was being propo5ed cou1�3 be worked out with Anoka County and the Highway Department. He added, workixig with the Highway Department may take a while. He said if the road is to be torn up, all the work on the sewer should be done at this time and the whole area would be cleaned up. He said there should be an overall plan and it should be worked on step by step. Councilman Utter said he believed the proposal on Hathaway Lane should be omitted. He said he did not think the Polk Street route would be feasible because of the number of residential dwellings. He added, to consider the residents, it would be best to construct the loopback. Councilman Utter men'tioned the existance of other loopbacks in the City and their e£fectiveness. He said a fence aould be installed to cut down on the noise. Cauncilman Nee said Mr. Eldon Schmedeke was in the audience, he would like him to address the Council and explain why the Planning Commission had recommended denial of the request. He sazd he was not able to determine from the minutes of the Planning Commission Meeting. Mx. Schmedeke said many oP the people at the present Public Hearing were also � present at the Planning Commission meeting when the proposal was ciiscussed. He said the Planning Commission knows that there is going to be more txaf£ic in the future. He said when the request was discussed by the Planning Commission there had been only one plan for the solution of the traffic problem submitted. He said the Commission should iiave gotten a choice of proposals. He said at i(i'i PUBLIC HEARING MEETING OE MARCH 12� 1973 PAGE 6 � the present time the traffic problem is not as urgent as it wi11 be in the future. He said, in his opinion, there should be a bridge built in that area. He said there may be some enterprise that would come into the area and use the open parcel of land that is there. He said the comments that he is making were for himself ancl not the Planning Commission. He mentioned the great number of people that would be using the area from Innsbruck. He said the Crty should not consider or activate a plan �ust because it is free ar cheap. Mr. Schmedeke said he did not know how a bridge would be placed in the area. He mentioned the fact that there may not always be a theatre in the area. He said there are other factors to the problams in the east. He said the concept of the bridge should be considered for some time in the future as he did not bel1eve the present proposal would�work. Mr. Hedlund said he believed the loopback would be a bad plan. He said the plan would only allow for a three car stacking area. He said the traffic would stack up like crazy. He said there would be added problems 3uring the Onan rush hours and when traffic from Innsbruck was being routed through the area. He said he did not believe the plan would be gaining anything. Mayor Liebl asked the City Engineer if this was correct, would there only be enough area for three cars? The City Engineer said there would be area enough for ten cars. � The Ca.ty Engineer said there would be more stacking area in the alternative proposals, but there would be a problem of routing the tra£fic through a residential area. The City Engineer said he worked with traffic everyday and the volume in this area is about the same as on 61st and T. H. #47. He added, the plan is certainly not the best plan for the traffic problem. He said there are three other plans that are better, but there has to be some balance and the residents of the area must be protected. A resident of the area who stated he lives on PQlk Street said he was not willing to accept additional traffic in front of his house, but added, there are only two routes that would be good solutions, on Po1k Street and on Gardena Ave. He said if the City was going to be realistic, these are the only routes that could be used to solve the traffic problems. He added, the station had given the land for the loopback and the a.sland construction was planneci, but it had been measured and there is about 40 feet, or area enough to stack two cars. Mr. Fletcher asked if it had been determined that there was a tra£fic problem? Counca.lman Starwalt said he would first like to thank Mr. Fletcher for openiny his home to the area residents to meet and discuss the matter. He said he did not believe a.lything could be solved by those present iP the discussion were to become heated or irrational. Councilman Starwalt � ar,�wered Mr. Fletcher's question by saying, there is a traf£ic problem there and at all times of the day. He said the problem �s going to get even worse. _ He Said Matterhorn was scheduled to open into Gardena this season and additional homes will be constructed in Innsbruck North and the traffic from Innsbruck will more than likely exceed the amount that has been reduced by the opening of Matterhorn. ., 1 d� f a PUBLIC HEARING MEETING OF MARCH 12, 1973 PAGE 7 Mr. Fletcher asked if Union Oil would want to widen Central to five or six lanes and limit the access to the station with some kind of island? FIe said this would allow the traffic some space to get out of the area. � The Crty Engineer said this was a two fold question. He said if Union Oil closed off the access and there would be five lanes used, there is enough right of way for six lanes, this would be doubling the area as there is now thre�. The City Engineer said each of the lanes would carry 5,000 vehicles, easily. He said this would require alosing the access to the station. He asked Mr. Hubbard if Union Oil would consider this proposal? Mr. Hubbard said the Company would have to see a plan. The City Engineer pointed out the area on the map on the overhead projector saying, this would require a left turn into the station, cars could still get in, but it would be more difficult. He said the only access would be fsom the detached service area. Mr. Hubbard said the Oil Comp�ny would prefer access into the media strip. He suggested creating a cut in the island, as all other areas allow access through such a cut in the island. He added, this would still separate the traffic. The City Attorney asked Mr. Hubbard if the Union Oil aould consider remodeling only at this time and at a later date when the loopback matter is solved the station could be rebuilt. Mr. Hubbard said they would prefer to rebuild at the present time, he added, they would rebuild in either case. He said this had been planned for two years and budgeted by the Company. The City Attorney said if the Company built the station facing #65, this would eliminate the loopback possibility. Mr, Huhbard said the Company would wait for a � solution to the problem before building. Mr. Hubbard said the Company had granted the easement for the loopback in August of 1971. The City Engineer said there was a delay because there had to be an overall plan in the best interest of the City, Union Oil and the people of the area_ He added, finding a solution that would be best for all three would not be done within a year. Councilman Starwalt asked Mr. Fletcher if he felt the Polk Street route would be the best solution. He asked Mr. Fletaher if this is where he lives? Mr. Fletcher said he did live on Po1k Street. He said he would prefer a loopback to routing the traffic in £ront of his house. He added, he thought the construction of five or six lanes would be a good solution as this would take care o£ the cars coming up to Hillwinfl Road and Hathaway. The City Engineer said if the six lanes can be provided, this would enable a stacking area of at least ten cars which can c�o onto T. H. #65. He added, 200 feet would be basically assigned to HYllwind. Mr. Fletcher said he could accept this plan. Mr. Fletcher asked what the procedure would be if one of the plans were to be wnsidered by the City. The City Engineer said all the area property owners would be notified and there Would be another Public Hearing and t}iey would decide if there would be a benefit or not. He added, the people can determine if they are 7ustifiably assessed, and if they desire, they can go to a higher court for hearing and decisions on the matter. Mayor Liebl said there was a City policy on the improvement of intersections. � He said he believed the commercial property is fully assessed and the residents are assessed a portion. He asked if the method used on the 61st and T.A. #47 intersection was fully assessing the commercial property and the portion to be paid by the residents and rest was paid with State Aid money? The City Engineer said the single family property paid normal residential wst and the commercial property owners paid the full cost. � ��r,� PUSLIC HEARING MEETING OF MARCH 12, 1973 PAGE 8 Councilman Utter asked when Matterhorn would be completed� The City Engineer � said this would be done by the coming winter season. A resident of the area asked if Hathaway would be cut into Matterhorn? Mayor Liebl said there had been four different proposals for exit facilities. He listed the proposals. He said he could not see putting 2,500 cars on Hathaway Lane. He said the terrain would not a11ow it. Mr, David Doebler, 1281 Hathaway Lane, said he had been £ollowin, the action on the matter and had attended the meetings involving the problem. He said there had been some talk of a four lane road beinq provided from the Innsbruck area, he said he had been up there and there is no road s�xch as this. Mr. Doebler said he was aware o£ the problem confronting Union Oil. He pointed out the various traffic problem areas on tha map. He said the pxoperty owners of the area constitute most of the westerly traffic. He added, there would be many accidents in the area if easterly L-raffic was to be promoted. He said he felt the additional traffic burden that may be caused by additional development in the area could be taken care of by the planning of a workable inter- section. Mayor Liebl asked Mr. Doebler if he concurred with the feeling that the Counczl should not open Hathaway Lane? Mr. Doebler said there is a very steep hill on Hathaway Lane. He explained the accident that his son had on that roadway stating the nature of the road made it impossible to determine the lane that the accident had oecurred in. � Mr. William Diztz, 1280 Hathaway Lane, said the City's service vehicles were unable to drive up the street because of the steepness, they had to back up. Another resident of the area said she had gone a back route also to avoid the intersection. She said she oiten will travel across the bridqe and get on Central on 49th rather than endanger the lives of her children in the problem intersection. She mentioned the danger created by allowing the right turn aftex stopping off of T.H. #65. She added, the persons tuxning do not stop and the traffic from Hillwind Road cannot determine if there is traffic coming. The City Engineer said it was possible to not allow the right turn at that intersection. Councilman Nee said he did not believe the City should open Hathaway Lane to Central Avenue. He asked the possibility oP Ur.ion Oil purchasing the property from the residents, having the City rezone the 1and, and Lnion Oil construct the convenience store if it can be rationalized in terms of L-ra£fic. Mr. Aedlund said this would make his property unsellable. xe said rt would devalue his property and if he were to want to acquire property he would not buy ad7acent to a convenience store. Councilman Nee asked Mr. Hubbard if Union Oil would negotiate for the sale � of the house if the Council would put the 1and into some higher use for £u11er use of the quadant. Councilman Nee said this is a valuable piece of property. Mr. Hubbard said he would have to obtain approval from the Company, but he believed the idea had some merit. Mr. Fletcher said he would not want a convenience store in his back yard no matter how convenient it would be to get a carton o� milk• Mr. Hubbard sa2d his Company is not in the convenience store business, they would sell the land I Ci� PUBLIC HEARING MEETING OF MARCH 12, 1973 pAGE 9 for the convenience store use if it would be used. Mrs. Lewis I-Iedlund, 930 Hackmann, asked who the Sanitary Sewer would serve, wYty it is needed and is it a continuation of the Hathaway line� The City Engineer said no, it is between Hackmann and Central. He added, all the City is connecting is this line to the Central Avenue line. He said there would be no improvement to the individual systems, it is an overall benefi� of the entire system. Mrs. Hedlund asked if they would be required to hook up to the sewer line. The City Engineer said there would be another Public Hearing before the property owners would be asked to hook up. Mr. Hedlund said she knew how this would go, they would have to hook up. Mrs. Hedlund asked if Hackmann would be widened in this area. The City Engineer said he did not want to get into the minor details at the present time. He said he believed they shoul'3 stick to the overall plan and find something that all can work with. He said there are four proposals, and they must find the most workable one, He said the people wexe asking for detailed ez�gineering information and this was not to be given unless the Council authorized him to do so. � Mayor Liebl said in 1971, he had surveyed the area and there were three points the people were interested in: one, they wanted a safer intersection; two, they wanted the station to be more appealing and look better; and three, they indicated they were opposed to increasing the commercial property in the area. He stressed, nine out of ten people said they would not want to see � additional commercial property on that corner. Mayor Liebl asked if thexe were any objections by the people for upgrading the intersection or making the station more appealing� There were none in opposition. Councilmar. Starwalt asked if the Oil Company plans would be �eopardized if there is no action at this time? Mr. Aubbard Said he would not like to wait until late in the season to begin construction because of the weather, but the Company can wait if there is no action. Councilman Starwalt asked if Mr. Hubbard understood the dilemma of the Counail because of the problem of the entire area. Mr. HubUard said he understood. Mayor Liebl asked if this would hold up the construction� Mr. Hubbard said they could not get a building permit without the rezoning. Councilman Starwalt said the rezoning did not apply to the intersection. The City Engineer said the permit could be issued without the consideration of the entire traffic problem, but if the City would wish to acquire an inch of land sometime in the future from the Union Oil Company, they would have to pay dearly for it. He said issuing the permit will not make the problem go away. MOTION by Councilman Starwalt to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the Public Hearing closed at 9 35 p.m. PUSLIC HEARING ON A REQUEST FOR A SPECIAL USE PERMIT, SP #72-18, BY � UNION OIL COMPANY, 5695 HACKMANN AVENUE: TO CONSTRUCT A CONVENIENCE STORE AND CONTINUE SERVIC� SERVICE STATION: MOTION by Councilman Utter to waive the reading of the Public Hearing Notice. Seconded by Councilman Starwalt. Upon a voiae vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �,{�dl PUBLIC HEARING MEETING OF MARCH 12, 1973 PAGE 10 � Mayor Liebl asked Councilman Staxwalt if he had any questions or comments? Councilman Starwalt said he would recommend closing the Public Hearing as Union Oil had said they were not going to build the convenience store in this area. The City Engineer said the property is zoned correctly for the construction of the convenience store at the present time. He said as he has gathered, Union Oil no longer wanted to build the aonvenience store, and they will not request this. Basically, he added, this would be for the continuing use and building of the gas station, and this requires the special use perma�t. The Crty Engineer said the property would have to be rezoned before the special use permit could be granted. Mr. Huhuard asked iP the matter could be tabled until the problem is resolved? Mayor Liebl asked if the station would sell gas and also have stalls for doing repair work? Mr. Hubbard said this was correct. Mayor Liebl asked Mr. Hubbard what his intentions were conaerning the conven.ience store? Mr. Hubbard said he felt the Council and the people of the area did not want the convenience store in this area and he was willing to withdraw this xequest. Mayos Liebl said there were no objections to upgrading the station. He said � rt would be a while before there was a conclusion to the traffic problems. Mayor Liebl asked if he could see the plans for the station. Mr_ Hubbard said he had submitted them to the City Engineer. The City Engineer took the plan to the Council table and they were discussed. Mr_ Hubhard said the front of the station was solid and constructed quite like a house. Mayor Liebl said the building would greatly enhance the area. Mr. Hubbarcl said he realized there was a problem at the present time. He added, Union Oil d.td not wish to build the station and have the City condemn it. Mayor Liebl asked if there were any questions £rom the Council or from Mr. Hubba�'d. There were no questions. Mayor Liebl asked Councilman Starwalt to read aloud the letter he had received from Kenneth and Barbara Phelps, 1513 Berne Road. Councilman Starwalt read the letters. MOTION by Councilman Starwalt to receive the letters dated February 12, 1973. Seconded by Councilman Utter. Upon a voice vote� all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to close the rublic Hearing. Seconcied by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the Public Hearinq closed at 9:42 p.m. OLD HIISINESS: � CONSIDERATIQN QF AWARDING HIDS FOR STREET IMPROVEMENT PROJECT ST. 1973-1 AND ST. 1973-2 (MSAS) (TABLED 3-5-73) The City Engineer said the first low bid had been miscalculated by the bidder and when figured correctly did not remain the low bid. He said the original low bid had been submitted by Minn-KOta Excavating, Inc., 3401 85th Avenue North, �� ,r ; ; PUBLIC HEARING MEETING OF MARCH 12, 1973 PAGE 11 Minneapolis, Minnesota. He said the contract should be awarded to Bury & Carlson, Inc., 6008 Wayzata Boulevard, Minneapolis, Minnesota 55416. Mayor Leibl asked the Czty Attorney if t�ie procedure was correct? The City Attorney said it was. MOTION by Councilman Breider to award the contract for Street Improvement Pro7ect ST. 1973-1 and ST. 1973-2 (MSAS) to Bury & Carlson, Inc., in the amount of $460,622.40. Seconded by Councilman Starwalt. Ilpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously• RESOLOTION #35-1973 - PROVIDING EOR THE EXCHANGE OF CERTAIN EXCESS PROPERTIES BETWEEN THE CITY OF FRIDLEY AND THE CITY OF COLUMBIA HEIGHTS: MOTION by Councilman Breider to authorize the exchange and adopt Resolution #35-1973. Seconded by Councilman Utter. Upon a voice vote, all votinq aye, Mayor Liebl declared the motion carried unanamously. APPOINTMENT. � NEW CITY EMPLOYEE: ROBERT ERICKSON� OPERATIONS & MASNTEIVANCE MAN: NAME POSITION SALARY EFFECTIVE DATE REPLACBS Robert Erickson 1225 43'� Avenue N Columbia Heights, Operations & $768 E. Mazntenance Man per Minn. (Pnblic Works month Division) March 13, Rex Sackett 1973 � MOTION by Councilman Breider to appxove the appointment. Seconded by Councilman Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: MAYOR BRUCE NAWROCKI: REPORT FROM NSP ELECTRIC RATE STU➢Y COMMITTEE AND NOTICE 6F SPECIAL MEETING� MARCH 15� 1973: P40TION hy Councilman Breider to receive the report and notice. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. LEAGUE OF MSNNESOTA MUNICIPALITIES: RESERVATIONS EOR 1973 ANNUAL CONVENTION: MOTION by Councilman Breider to authorize the City Manager to attend the convention. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion carrie$ unanimously. The Crty Manager said the reason the item had appeared on the agenda was to urge the Councilmen and Mayor to attend the convention to meet the City and State elected officials. Councilman Breider suggested a memLer of the Council attend. He added, he would not be able to get away. He asked the City Manaqer if the food and lodging would be paid for by the City? The City Manager said the Crty would take care of mileage, food and lodgang. MOSION by Councilman Breider to send the Mayor and Councilman at Large to the � � f E PUBLIC HEARIN6 MEETING OF MARCH 12, 1973 PAGE 12 � convention. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Lieb1 declared the motion. caxried unanimously. Mayor Liebl instructed the City Manaqer to make the necessary arranqements for reservations. RECEIVING LETTER FROM FRIDLSY POLICE PENSION ASSOCIATION: AND RESOLUTION #36-1973 - RELATING TO CHANGES IN TH� POLICE PENSI0IQ PLt�N OF THE CITY OF FRIDLEY: MOTION by Councilman Starwalt to receive the letter from the Fridley Police Pension Association dated March 9, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Manager read the resolution aloud. MOTION by Councilman Utter to adopt Resolution #36-1973 relating to the changes in the Fridley Police Pension Plan. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. � AUTHORIZING CITY MANAGER AND LEGISLATIVE LIAISON� DAVID J. KENNEDY, TO PREPARE A BILL TO BE SUBMITTED TO THE LEGISLATURE TQ HAVE THE EFFECT QF PLACSNG PQLICE OPFICERS HIRED AFTER MARCH l� 1973 IN THE STATE OE MINiVESOTA POLICE AND FIRE PERA FUND• Mr. James R. McKersie, Fridley Police Pension Association said the Association had accepted the proposal of the City to place the new men on PERA. He said the 6% contribution by the men would remain the same and there would be a full vesting of benefits for any ttember who has at least ten years of service. He said the agreement is sub7eat to approval by the legislature and the membership of the Aasociation. Ae added, the agreement would be submitted to the member- ship ior voting, but he did not see any reason for any problem. Councilman Breider asked if the Council was currently accepting the provisions o£ the letter. Mr. McKersie said he would like tlse Council to approve L-he conditions and he would then submit them for approval of the Association. The Ca.ty Manager said he had attended a meeting of the Association a week ago on Saturday, and he got the impression there was a vote taken at that time. Mr. McKersle said there were 13 members of the �ssociation present at that time. The matter was voted on and the vote was nine for the agreement and four opposing it. He said the purpose of the vote at that time was to submit a letter of intent to the Council enabling a bill to be submitted to the State Legislature. � The City Manager said the Council would not be able to amend the agreement at this time if there had not been approval by the membership. He asked if the nine out of 13 were agreea�rle. Mr. McKersie said yes, out of 13 people nine were agreeable. He added, the letter states "sub7ect to approval of the same by our membership". He said i£ S' ( "t�, PLIBLIC HEARING NIEETING OF MARCbI 12 � 1973 PAGE 13 the Counczl accepts the proposals in the letter, the membership will vote on the matter. Mayor Liebl asked if the memhership was to vote on the agreement after the State Legislature voted on rt? Mr. McKersie said they would vote after the Council had voted and approved the letter. MOTION by Counmlman Breider to authorize the City Manager and David Kenndey to prepare a hill to be submittecl to the Legislatuxe and to accept the proposals in the letter submitted by the Fridley Police Pension Association. Seconded by Councilman Utter. Upon a ro11 call vote, Utter voting aye, Nee voting aye, Breider voting aye, Starwalt wting nay, Liebl voting aye, Mayor Liebl declared the motion carried. Councilman Starwalt said he ob�ected to 'the letter. RECONSIDERATION OF POLICE OFFICERS APPOINTMENTS: ihe City Manager said this item was on the agenda because the mot�.on at the previous meeting indicated there should be no change in the laene.fits o£ the present members of the Fridley Police Pension Association. He added, the vesting of benefits after ten years of service is an increase in benefits. He said the item had been brought back to the Council for reconfirmation. MOTION by Councilman Breider to reaffirm the appointments of the five new men to be appointed to the Police Depaxtment. Seconded by Councilman Utter. IIpon a voice vote, all voting aye, Mayor Liebl declaxed the motion carried unanimously. RECONSIDERATZON OF AWARDING CONTRACT FOR WATER FACILITY #109-A• The City Manager said the City had received a letter from Jesse James Company statzng he had made a serious mistake in a point of procedure and requested that he be eliminated from the bidding and the contract withdrawn without any penalty. He added, the next low bidder is Ken Christiansen Painting, Inc., 7525 Fourth Street N. E., Minneapolis, Minnesota 55432, wrth a bid o£ $9,787 and work to be aompleted in 30 calendar days. The Crty Engineer said he had talked with a rep�esentative of the Ken Christianson Painting Company and he was ageeable to begin work even after the 30 days has passed. The City Engineer said he would advise the Council to erther require the Jesse Sames Painting Company to forfeit the bond or pay cash to the City in the amount of the bond or $320. He said he also would recommend the contract be awarded to the second low bidder. MOTION by Councilman Utter to aWard the contrflct to Ken Christianson Painting Inc., in the amount of $9,787. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously MOTION by Councilman Starwalt to require the Jesse James Decorating Company to either forfeit the bond or pay cash to the City in the amount of the bond or $320. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MAYOR LIEBL REQUESTING RECOMMENDATIONS FOR APPOINTMENTS FOR THE ENVOSRNMENTAL COMMISSION: � � � � �I � ';' -� PUBLIC HEARING MEETING OF MARCH 12� 1973 PAGE 14 Mayor Liebl said he would like each member oP the Council to submit one recommended name to him for appointment to the Envaronmental Commission. Councilman Utter said he did have the name of one individual who had requested to be on the Commission. �layor Laebl asked the Councilmen to consider �hose who would have an interest in the environment of the City o£ Fridley. He also asked that some women be recommended for appointment. Councilman Breider asked if one half of the Commission should be made up of women. Mayor Ziebl said there was no requirement. Councilman Breider asked if there were to be seven members' Mayor Liebl said there would be seven. Mayor Liebl said he would like repzesentation from all areas of Eridley, as it would not be a workal�le Commission if all the members were from one area of the City. Councilman Starwalt asked if the Councilmen should submit an alternati�e name� Mayor Liebl said he saw no reason for this. Mayor Liebl stated the difference in the number oP years for the terms to the Commission. He added, he would like to have individu�ls who would be able to attend the meetings, who were open mindecl and would repres�nt the City as a whole. Mayor Liebl said he would like the names o.f the recommended appointments in the ofiice of the City Manager by the following I'riday, March 16, 1973. MAYOR LIEBL SUGGESTED REORGANTZATION MEETING B�FOR� FTRST OF APRIL• Mayor Liebl said he would like to remind the Council that there wzll be a reorganization meeting of the Council for the appointments to the Planning Commissian and the Subcommittees. The City Manager said t.iere would be a list of the Commission and Sub- committee vacancies provided in their envelopes the following Friday. ADJOURNMENT MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing tdeeting of Februarp 12, 1973, ad7ourned at 10:35 p.m. Respectfully Submitted ��� �� � Patricia Ellis Secretary to the Crty Council �� � � . Frank G_ Liebl, Mayor