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11/13/1972 - 00017024��n THE MINUTES OF THE PUBLIC HEARING MEETING OF NOVEMBER 13, 1972 � The Public Hearing Meeting of the Fridley City Council was called to order at 7 38 P. M., November 13, 1972 PLEDGE OF ALLEGIANCE• Mayor Lieb1 led the Council and the audience in saying the pledge of ALlegiance to the Flag. ROLL CALL MEMBERS PRESENT: Mittelstadt, Breider, Lieb1, Utter MEMBERS AbSENT None ADOPTION OF AGENDA Mayor Liebl said he would like to suggest the folLowing changes and additions• Move the appointment of Wallace Starwalt to the first item under New Business. Add: Resolution regarding building requirements for physically handicapped. Add An Ordrnance amending Ordinance ��435 - Sunday Liquor. Add Resolution authorizLng and directing the recertification of the , ST. 1968-1B street improvement for 71st Avenue on Parcel 4800, Section 11. (Minnesota Transfer Railway Property) MOTION by Councilman Mittelstadt to adopt the Agenda as amended. Seconded by Councilman Utter. Upon a voice vote, a11 ayes, Mayor Lieb1 declared the motion carried unaaimously. MOTION by Councilman Mittelstadt to commend its Chairman and Mayor of the City of Fridley, Frank G. Lieb1, for his steadfastness during the past year in the face of constant adversity from both the left wing coalit�,on in Fridley and the interference in the process of 1oca1 representative government by Sun Newspapers, Inc and Hubbard Broadcasting, Inc. They have a11 tried their level hest in totally confusing and polarizing the citizens of this community by insisting that 1oca1 government be run by referendum and not by representative government. Mayor Frank G. Liebl has maintained the integrity of this Council throughout this battle and the interference from these groups. We as Councilmen are proud to have served with him. Councilman Breider asked what was the point of this motion, Councilman Mittelstadt replied that it is to declare publicly what has happened in the past year and how Mayor Lieb1 has retaLned his integrity throughout the year, THERE BEING no second to the motion, Mayor Liebl declared the MOTION DIES FOR LACK OF A SECOND. PUBLIC HEARING ON STREET IMPROVEMENT PRO.TECT ST. 1973-1 AND ST. 1973-2 (MSAS) � Mayor Liebl asked the City Manager to read the public hearing notice aloud. The Mayor then announced that the streets will be taken in the order they appear in the notice the audience received. � �; a� PUBLIC HEARING MEETING OF NOVEMBER 13, 1972 PAGE 2 1 78th Avenue; A11ey Between Hickory Street and Beech Street to Main Street The City Engineer showed the location on the overhead pro�ector and said that this improvement is for concrete curb and gutter and a 36' pavement The estimated cost per foot Ls $20.15 with an estimated side yard assessment of $6.07. By previous Council action, if there is any cost incurred with the temporary roadway that can be credited toward this permanent improvement, it will be indicated, and the quoted estimate would then be lower. The estimated credLt Ls $2860.40. The City Engineer explained to the audience that Fridley tries to 1et the bids during the winter so that better prices can be obtaLned. If the bids come in lower than these estimates, that is the price the people wi11 pay, or whatever the actual cost of the improvement is 77th Avenue: Main Street to Ranchers Road The CiCy Engineer said that this street and Ranchers Road is in East Ranch Estates Second Addition. The cost of this street and Ranchers Road Ls $71,019.10 for an estimated front foot assessment of $23.99 and a side yard assessment oi $3.55. Mr. Dick Harris asked why these two streets were higher than 78th Avenue The City Engineer explained that the street wi11 be a little wider and also the soil conditions are not as good Mr. Harris said that there has already been some fi11 put in and the City Engineer replied that if there is a saving, it wi11 be passed on. Mr. Harris asked if this is for concrete curb and gutter a1so, 1 and if it is, is it wlse to �ut it in now� The City Engineer said yes, curb and gutter are included at the request of the developer, 81st Avenue: Beech Street to Main Street• The City Engineer said that this street, along with the past two and the following three are a11 industrial roads to serve an industrial area. The estimated cost per front foot is $23.98 with the side yard $2.61 per foot. Beech Street 79th Avenue to 81st Avenue; The CiCy Engineer reported that the price for thLS street is the same as for the last. A11� (Between Beech Street and Hickorv Street) 78th Avenue to 79th Avenue The CiCy Engineer pointed out the location and said that the estimated cost was $5 14 per front foot. Ranchers Road 77th Avenue to 79th Avenue• The City Engineer said that the cost for this street is the same as for 77th Avenue which was $23.99 per front foot. University Avenue West Service Road South line of East Ranch Estates 2nd Addition to 79th Avenue; � The City EngLneer reported that tlie estimated cost of this improvement is $27.63 per front foot It is fully petitioned for and is part of the plat �'�?°, PUBLIC HEARING MEETING OF NOV�MBER 13, 1972 PAGE 3 41st Avenue California Street N Main Street California Street 41st Avenue to 200 Feet South The City Engineer suggested that these two streets could be considered together as they are in the same area and the same price. The estimate for these streets is $9.17 per front foot with the side yard $2.01 per foot The City Engineer said that these two streets were some of the few left unpaved, and would only serve a few homes. Mr. Anthony Pikus, 4036 Main Street N. E., said that 41st is only about z block long and is a dead end street, so he could not see why it should be paved. When the berm was put in by the railroad, they were supposed to take care of the water coming off, but they have not done it The City Engineer said that once the street is paved the drainage wi11 be taken care of. Mayor Lieb1 asked if there is included in this proposed assessment some storm sewer work. The City Engineer said yes, and pointed out that there is a sizeable assessment against the railroad property. Whenever pavement is proposed, the utilities must be taken care of first. Mr. Pikus said that he had Lots 4 and 5 7ust north of 41st and the street only serves four people. Mayor Liebl said that his pro- posed assessment is $545.94. The cost, after the pro�ect is 1et is usually lower and very occasionally it is higher The City Engineer explained that the City dLd adopt a 10 year street improvement program in an attempt to get al1 the streets paved over a certain length of time. Sending the graders down is an extra burden and costs the taxpayers money that have already paid for their streets Mr. Pikus said that he did not see the point of having the street paved, but he did want the drainage taken care of. The City �ngineer explained that the purpose of the 10 year street improvement program is that it is unfair for those people paying for good streets also paying for those people that have substandard streets that constantly need maintenance These two streets are proposed as an extension of that program. If these streets are ever going to be paved, he would encourage the people to do it as soon as possible because costs of construction have been increasing much faster than the cost of living. Mr. Henry Zimmer, 4021 California Street, saLd he ob�ected to having the street put in. He said, as to maintenance, he has maintained the street since 1969 and that he shovels dirt into the hoLes in the street. He said he did not think the improvement was worth the cost Mr. Sack Heron, Burliagton Northern, Inc., said that the railroad owns Lots 6-10, and that the railroad was opposed to this pro�ect a1so, and if these people do not favor the pro�ect, he did not see any reason for the work being ordered in. He said the railroad has power lines going to a ma.crowave tower presently situated in this area and the improvement of QaLifornia Street, they fee1, wi11 interfere with these lines. He would like to state, on behalf of Burlington Noithern, Inc. that they are opposed at this time, but would like the opportunity to withdraw theLr ob�ection at some future date MOTION by Councilman Mittelstadt to receive the formal protest from Burlington Narthern, Inc., signed by H. A. Knudsen, its Director of Property Taxes, and dated November 13, 1972. Seconded by Councilman Utter. Upon a voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. ' ' � �r�� ,f_. ,_7 �_ PUBLIC HEARING MEETING OF NOVEMBER 13, 1972 PAGE 4 � Mrs. Darlene Austin, 10 - 41st Avenue N. E., added her ob,7ection by saying that, "she didn't want Lt, didn't need it and couldn't afford it " The Attorney for the estate of Mabe1 F. Gadbois questioned whether there would be any condemnation of the prqperty from the estate. The City Engineer saLd no, there are no pLans fox acquiring any of that property, however, they do plan on acquiring some railroad propertq. He added this wou]d be a normal residential street, and would be assessed against the Gadbois estate as abutting property The Attorney stated he would regLSter the same ob�ection the other property owners did, the xeason beLng no need Horizon Drive; 3rd Street to 53rd Avenue Capitol Street• Main Street to Hughes Avenue Hughes Avenue, Panorama Avenue to Horizon DrLVe Clearview Lane: Panorama Avenue to Horizon Drive Topper Lane: Horizon Drive to 300 feet south Panorama Avenue: Main Street to 3rd Street Gibzaltar Road; Roman Road to 550 feet west Pi1ot Avenue• Main Street to Roman Road Roman Road 49th Avenue to Panorama�Avenue Mayor Lieb1 suggested that the above streets could al1 Ue consLdered together since they are in the same general srea and have the same cost. The estimated cost for the improvement of these streets is $13.60 with a side yard assessment � of $2.34. He asked if there is any cost in regard to taking care of the run-off water. The City Engineer said that these streets were lumped together so the cost would be uniform and so that all the streets in the ar;�a would be done at -- one time. Whenever a street is improved, the underground work is taken care of first. In this area there is strrm sewer pipe, and the improvement includes the addition of more inlets into that,pi_pe There are some problems with the sanitary sewer lines in this area. They were laid in the eaxly 50's and are at a very flat grade. The people on Capitol Street have had trouble with their sanitary sewer. Gouncilman Mittelstadt vexLfied this and said that he has had many calls from the people on Capitol Street stating they do not want the street paved until the utilities are corrected. Councilman Breider said thal he would assume this would come out of the utility fund. The City Engineer said yes, it would not be assessed. He went on to explain that the basic problem is with the grade, this cannot be changed as there is only so much fa11, but the roots can be taken out and any dips in the line eliminated They wi11 do as much as is economically feasible within the limits of practicalLty. Mayor LZeb1 said there were some storm sewer problems and asked how the water would get out of the low spots. The City Engineer said that there were already two systems installed Ln this area, one north and one south of Panorama Avenue. Before these systems were installed there was a lot of trouble in these areas When the new systems were installed it minimized the proUlems, and now with this proposed improvement, there would �ust be the addition of catch basins along the curbing to provLde additional inlets into the pipe already Ln existance The outlet is still limited, because of its capacity, but the water wi11 drain eventually. There is only so much that can be done with the line. Mayor Liebl asked what direction the water w�11 draia. The Crty EngLneer said that south of Panorama, the lines go south and eventually into the river North of Panorama, the water would run north into the line under I.694 and from there it goes to the xiver. '�,0�, PUBLIC HEARING MEETING OF NOVEMBER 13, 1972 PAGE 5 Councilman Breider asked how would this area compare with the grade and drainage � problem east of Hartmaa Circle. The City Engineer said it would be about the same, you cannot change the grade because the houses are already built. CounciL- man Breider asked if there were any complaints from the Hartman Circle area and the City Engineer replied no. Mayor Lieb1 said that the people want to be assured that the system will work once the roads are installed. He asked what type of road it would be. The City Engineer said that they would be the same as those installed north of 53rd Avenue and south oi- 49th They wi11 have concrete curb and gutter with a crown in the center of the roadway. Mr. Donald Breza, 5221 Caprtol Street N. E., said that every time it rains there is a lake on the corner of Hughes and Capitol. The City Engineer said that this is because of the limited inlet capacity and pipe size. The water cannot drain quickly and must stand for a while Mr. Oliver 01son, 5237 Capitol Street N. E., said that it seemed to him that the sanitary sewer would have to be relaid at a different pitch It was put in in 1955 at a depth of about 5' and he thought the depth should be about 10' Eefore the people on Capitol Street wi11 agree to a road improvement, the sanitary sewer line wi11 have to be deeper. He then brought forward a petition to be received. PETITION �F20-1972 IN OPPOSITION TO THE IMPROVEMENT OF CAYITOL STREET � iR�'DER STREET IMPROVEMENT PROJECT ST. 1973-1: MOTION by Councilman Utter to receive Petition ��20-1972. Seconded by Council- man MitteLstadt Upon a voice vote, a11 ayes, Mayor Liebl declared the motion carried unanimously. Councilman Utter asked if the petition meant that if the sanitary sewer,problems are taken care of, then the people are in favor of the road improvement. Mr. 01son replied no, what the petition says is that they are opposed to the improvement of the roadway, and in the event the sanitary sewer lines are corrected, then they will again talk about the road improvements. The City Engineer said that they plan on televising the sanitary sewer lines to see �ust what the situation is and then come up with methods of correcting them. He did want to emphasize that because of the flat grade, there is only so much that can be done Councilman Breider asked what was the time table for televising the line and correcting the problem. The City Engineer said that if the Council chooses to order in the improvement, it would have to be done next spring The streets and the sewer line would a11 be done in one season Mr. Olson said that even if the sanitary sewer is fixed, the people wanted another meeting befare the paving is done The question was raised on the side yard assessments and the Finance Director explained that 2/3 of the assessment on a corner 1ot is spread both up and down � the 61ock from that 1ot with the remaining 1/3 paid by the property owner. This has been the policy in Fridley for some time, and eventually everyone wi11 have a side yard assessment. G��aF PUBLIC HEARING MEETING OF NOVEMBER 13, 1972 PAGE 6 , Mayor Liebi noted that there seemed to be no objection to the improvement of Horizon Drive and that the people on Capitol wi11 favor the improvement if the sanitary sewer is fixed first. Mr. Olson said they did not say that, they said they wanted the sanitary sewer fixed, then they will dicuss fixing the street. Mayor Liebl said that he would like to impress upon the people that when his street was improved rt cost $5.50 per foot, now the same street would cost about $15. Mrs. Olson said that she didn`t think they really needed the curbing, it is just a block long with 11 families. She said they have li�aed there for 16 years and their trees are all planted quite close to the street. The street has a country air with the yards going down to the street and there is very liL-tle traffic. Mrs. Hazel Osfar, 5180 Hughes, said she lived on the corner of Hughes and Capito.l and wi11 be assessed for three sides, and she would most cer'tainly want to be assured that the sanitary sewer wi11 be taken care of before the streets are paved as it wi11 cost her a fortune. The Finance Director said that she has Lot 16, B1ock 7, and her assessment is $2,�94, which is one of the highest, Mr. Ron Hewitt, 5049 Hughes, asked how wide the street will be and the City Engineer replied 36'. Mr. Hewitt asked if they would take any trees and the City Engineer said they would not take any lrees unless absolutely necessary, and to his knowledge so far there will not need to be any trees taken. The street was originally designed Por 39 feet, so the street will � actually be narrower than laid out. Mr Bruce Heath, 5096 Clearview said tha't there was a petition presented for the improvement of Clearview, Hughes, Panorama, Horizon Drive and Topper Lane. The City Engineer said yes, that was received by Council and was Petition #8-1972• Mayor Liebl added that the signatures repre- sented more than 50% of the property owners. Mr. Bert Ostlund, 5133 Hughes, said that with the patchworlc done down there year after year, the cost must be quite high, and he thought the work mlght just as well be done right and get it over with. Mayor Liebl said yes, it would save money in maintenance costs and would also save wear and tear on the equipment. A few years after an improvement is made, seal- coating is done to lengthen the life of the s'treet and periodically after that as necessary. This comes from State Aid funds. The City Engineer said that over 800 of ihe streets are now improved to City standards, and very few are left in the condition these arn in. Instead of spending money in patching, they hope to spend the money toward good streets. Mr. Olson said that in the spring the snowplows tear up the blacktopping in the driveways and he has to go back out and replace it. Mr. Ostlund said that is possibly because the street is sa uneven due to the many patch jobs. Mr. Dean Nicholson, 5045 Clearview, asked what effect this would have on their taxes. The City Assessor replied tha't concrete curb runs about $2 50 per foot for value, so if you have 80 feet, it would be aUout $200 additional � value placed on the property This would make a difPerence of about $7.50 increase per year. Mr. Nicholson asked wha't was the average life oF a street. The City Engineer said that there are streets built in 1958 that are almost as good as new. A street should last �he lifetime of a house, with proper maintenance. ;�:���4 PUBLIC HEARING MEETING OF NOVEMBER 13, 1972 PAGE 7 Mr. Edwin Watkins, 136 Panorama, complained of a puddle that sits on � Main Street after every rain. There is a storm sewer but it does not take care of it. Mayor Liebl pointed out Main Street is maintained by the Countv and added that he has also called the County about this but he did not get any results. A gentleman living on Topper Lane questioned the assessment policy for cul- de-sacs, and said that even though they have a smaller frontage, they use the street as much as anyone else. The assessment policy for pie-shaped lots was explained to the audience. The Finance Director said that for cases like this, the building setback line is used. A resident in the area said she had lived there 10 years and would like the work done as soon as possible, as she would like her neighborhood to look nice too. She said there would never be a better time. Mrs. Lois Tollefson, 112 Pilot, asked if the stakes were where the curbing would go. The City Engineer said no, they were just used to lay out the street. lhe curbing will go in in front of the stakes, and most of the trees will not be affected. Mr. Tom Kelly, 4917 Roman Road said that he was not opposed to the street improvement but he would be opposed to paying anything more for a storn sewer system. In 1965 the City Engineer, Mr. Comstock and Mayor Nee said that the people needed a storm sewer, now he cannot conceive why he should � have to pay again, when he has already paid. The City Engineer said, as he explained before, the intention is not to install any more pipe, only to put in additional inlets in the concrete curbing when the street and curbs are put in. The system is under-designed and was not built to take care of a heavy rain. It is a matter of whether you want a Cadillac or a compact - they will both get you where you want to go, but one is more costly. 5th Street: 63rd Avenue to 64th Avenue The City Engineer said that the proposed assessment for this street is $16.82 with a side yard of $4.25. This improvement is part of the conditions of the rezoning and signed by the Wall Corporation. 66th Avenue. Pierce Street to Channel Road The City Engineer said that the estimated cost of this street is $11.09 with a side yard of $2.63. Mayor Liebl asked if this improvement would take care of the storm sewer problems and the City Engineer said no, there is no storm sewer system in this area, the water would flow where it does now. The water will drain to the north and the street wi11 not stand under water. A resident in the area asked how the assessment would be spread. Mayor Liebl said that rt would be spread on the abutting property owners. The gentleman said that he was opposed to having the street improved last time. He wanted to know why the people across Channel Road were not to be � assessed, they use it as a speed track. The Finance Director explained the assessment that has been used in Fridley for many years, and that there must be guidelines and those same guidelines are used for all, or before long there would not be any rules. �_ �.� . � PUBLIC HEARING MEETING OF NOVEMBER 13, 1972 � Curbing Improvements: " Beech Street: 77th Avenue to 79th Avenue Elm Street• 77th Avenue to 79th Avenue Main Street: 77th Avenue to 79th Avenue 79th Avenue: Beech Street to Main Street 69th Avenue: Stinson Boulevard to 1300 feet west PAGE 8 The City Engineer explained that this improvement is for curbing and the proposed cost is $6.43 per front foot and the side yard $1 29. Councilman Breider said that he assumed that this is a continuation of the work done last year. The City Engineer said yes, and added that he hoped the property owners would cooperate in watering the material placed behind the curbing. Mr. Dick Harris said that he would like to have the curbing for Elm and Main held in abeyance until it is known how the area will develop and where the curb cuts will be needed. The City Engineer said that he has already talked to Mr. Harris about this and if the plans for the land are not developed in time, this portion of the improvement will be taken out and delayed for a time State Aicl Streets iSt. 1973-2 79th Avenue: Beech Street west to alley and Main Street to University � Avenue Main Street: 79th Avenue to 83rd Avenue _ 83rd Avenue: Main Street to University Avenue The City Engineer said that the cost of these State Aid streets is proposed to be $28.01 with a side yard of $3.69, Mr. Harris commented that he was in favor of the improvements and that he thought that this would open the area up for develo�ment. He asked about the railroad crossing at 77th. Council- man Breider said that once 79th Avenue goes in, that crossing will have to be looked at again, but he did not think 77th could be closed until that time. Mr. Harris said that when he came in for a building permrt, lae found that he was to be charged a sewer and water connection charge for each unit. He said this only applies to property north of 77th. The Finance Director explained that there is a small part of the City north of Osborne between the railroad tracks and University Avenue that does not have a full assess- ment, so when anyone builds, there is a small assessment placed against them. When the property develops, the charge is put on. Mayor Liebl suggested that Mr. Harris could come into City Hall for a complete explanation with a map showing the area, iP he wished. MOTION by Councilman Mittelstadt to close the public hearing on Street Improvement Project St. 1973-1 � St. 1973-2 (MSAS) Seconded by Councilman Breider. Opon a voice vote, al1 ayes, Mayor Liebl declared the hearing � closed at 9:30 P.M. Councilman Mittelstadt asked that the Hyde Park item be taken next as there are quite a few people present from this area. r l /° i7Jlty, PUBLIC HEARING MEETING OF NOVEMBER 13, 1972 DISCUSSION OF CIRCLE FLOW PATTERN IN HYDE PARK, RE MITTELSTADT BY COUNCTLMAN Mayor Liebl said there was a petition received and r_ead it aloud. PETITION #21-1972 - REOUESTING PHASE II OF THE PAGE 9 OUTLINED MOTION by Councilman Mittelstadt to receive Petition #21-1972• Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Councilman Mittelstadt reported he had canvassed the neighborhood the last three weeks and except for about 3 people, the whole neighborhood is against the plan. He said he had promised these people in writing that he would make a motion to terminate the p2an. He said he could see no ne�d to go into the history of this Circle Flow plan as everyone is quite aware of what has been happening the past three years. The cost is now pro- jected to be about 22 times the original cost and this would be too much of a burden on these people. MOTION by Councilman Mittelstadt that Phase II of Resolution #194-1969 be terminated permanently and that at no time in the future will this proposal be brought before the Council. Seconded by Councilman Utter. Mayor Liebl asked if this motion was proper and the City Attorney advised that a present Council could not legally bind a future Council, but that the motion could stand as moved. The City Engineer said that the Council passed a resolution approving the plan, the Highway Department was given that plan and they approved it. Now, if the plan is to be modified or changed, Fridley will have to take care of their concern that there would not be created a traffic problem with opposing t�af£ic. If this motion passes, 3rd Street will have to be made one way. There must no-t be commercial traffic going north into the residentzal area, This commitment will have to be made to the Highway Department. Counailman Breider said that when this plan was first talked about the people were in favor of it. The cost is now so prohibitive that it bacomes unfeasible, so the City will have to wait until the total area develops, so if a few of the streets have to be made one way to meet the State Highway Department's requirements, he hoped the residents would bear with them. Mayor Liebl said that he hoped the real estate people would move into the area and start to develop it. $2,000 per lot would just be too much of an assessment ta bear. He pointed out that since the work was ordered in with a resolution, it would have to be eliminated with another resolution. THE VOTE UPON THE MOTIOSd, being a voice vote� all ayes, Mayor Liebl declared the motion carried unanimously. The Council asked that the proper resolution be brought back for the Meeting of November 20th. ' � � � PUBLIC HEARING MEETING OF NOVEMSER 13, 1972 RECESS: Mayor Liebl declared a recess at 9:�+5 P.M. 10:04 P.M. ��:7� er b, The Meeting reconvened at PAGE 10 REGARD TO Councilman Utter said that after listening to Dr. Cy Smythe, Labor Relations Consultant and the City Manager, and discussing this with the other Council- men, he felt that in some respects this proposal would be a very good thing for the City, There are some it'ems, such as pension and the fringe benefits that should be up to the City Fathers, but as far as salaries and the overall contract, he could see the benefits of having this uniform throughout the metro area. By Fridley writing its own contract completely on our own, it may be high or it may be low. Councilman Mittelstadt said that he felt that writing our own contract would be more responsive to our budget. It is the responsibility of the City Council to stay within the budget and this should be done on a local basis and he could not be in favor of this resolution, The Crty Manager said that this system is being used for the 49er's. On Page � 2D in the resolution there is a paragraph C which states that the City Council, shall retain the right to accept or reject any or all proposed settlements. Whether the negotiations are done on a local or regional basis, there can be no giving up of the final power for expenditure of public funds. Councilman Breider asked how many of the 17 participating communities have dissimilar pay rates. The City Manager replied only one or two. Council- man Breider said that probably after negotiations, Fridley would be about the same as the other communities, the advantages to the metro negotiations being done would be that all the communities could be done at one time and there would probably be a better relationship established with professionals handling the negotiations. He said he did not intend any reflection on the City Staff, only that this is what these people do all day and he would think the quality would have to be better. He said he would agree with Councilman Mrttelstadt, the pensions and fringe benefits should remain with the local entity. MOTION by Councilman Breider to adopt the resolu�ion, ma]<ing clear that the bargaining does not include pensions or any fringe benefits. Seconded by Councilman Utter for discussion. Councilman Utter asked if this inaluded future contracts, as well as the ?973 contract and Councilman Breider replied yes. THE VOTE UPON THE MOTION, Breider and Utter voting aye, Lieb1 and Mittelstadt voting nay, Mayor Liebl declared the MOTION FAILED. , �ni� %i �f - ��, �, PUBLIC HEARING MEETING OF NOVEMBER 13, 1972 PAGE 11 CONSIDERATION OF RESOLUTION RELEASING CERTAIN TAX FORFEIT LOTS ENTIRELY, ' REQUESTING EASEMENTS ON CERTAIN TAX FORFEIT LOTS TO THE CITY OF FRTDLEY AND REQUESTING A DEED TO THE CITY OF FRIDLEY ON ONE TAX FORFEIT LOT, AND PUTTING A HOLD ON THREE TAX FORFEIT LOTS• The Finance Director explained that before the County Auditor can place a lot on a tax forfert sale, he needs a release from the municipality stating they are not interested in the lots. The resolution shows the assessments on the property and reiterates the fact that Fridley is not withdrawing the assessments from the property and that Fridley wants the assessments paid back when the progerty is sold. The resolution also puts a hold on three lots. Mayqr Liebl said that if this resolution is adopted, someone that knows about it could make some money. The Finance Director replied no, they are sold at a public auction after a legal notice. The County Auditor is asking for this release. After the taxes are not paid for so many years, the property is forfeited to the State and the County Auditor has the obligation of placing the lots up for publia sale and this resolution is just a necessary formality before the County Auditor can act. Mayor Liebl said that he wanted it known that he nor the Council has any knowledge of anyone that wants to buy them. The City Attorney said that there may be no one that wants the lots. This is a requirement of the State Statutes, and the Auditor is respQnsible for putting them up for sa1e. Councilman Utter asked if there was not some property red tagged for park purposes. The City Finance Director said yes, but they are not a part of � this resolution. The Assessor added that he had given this list to the Parks Director to go over to see if he had missed anything and to see if he felt that there was any need to take it to the Parks Commission first. Most of these lots are really not very good, some are too small to build on and some need a lot of fi11 before they are usable. Mayor Liebl asked, what if the lots are 1et go, then we find that there is some right of way needed from some of them. It was pointed out that the Engineering Department has also gone over the list of lots. The City Manager said that if the Council wished, the resolution could be tabled for a week and the Council could be furnished with a map showing where the lots are. MOTION by Councilman Breider to table thls resolution one week and asked that the Council be supplied with a map showing the lots. Seconded by Council- man Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RESOLUTION #133-1972 - REGARDING BUILDING REQUIREMENTS FOR PHYSICALLY HANDI- CAPPED: MOTION by Councilman Breider to adopt Resolution #133-1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. � ' � , PUSLIC HEARING MEETING OF NOVEMBER 13, 1972 NEW BUSINESS PAGE 12 APPOINTING WALLACE R. STARWALT COONCILMAN FOR WARD TWO FOR THE BALANCE OF 1972(NOVEMBER 13, 1972 TO SANUARY 8, 1972�; AND ADMINISTRATION OF OATH OF OFFICE TO MR. WALLACE R STARWALT. WARD TWO MOTION by Councilman Breider to appoint Mr. Wallace R. Starwalt as Councilman, Ward Two, with the comment that he was the one that made the motion to wait with this appointment until immediately after the elecrtion. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. The City Attorney said that with this appointment, he wi11 have to be sworn in now, and again after the first of the year. The City Clerk, Marvin Brunsell, administered the Oath of Office to A7r. Starwalt, he then took his place at the Council table as Councilman Ward Two and said that he is very pleased and proud to be here. RECEIVING THE SIDS FOR FRIDLEY MUNICIPAL LIOUOR S10RE• BND REPORT OF FINANCING PLAN TO PAY FOR CONSTROCTION DF THE AND STORE: AWARD OF CONTRACT FOR LIQUOR STORE CONSTRUCTION Deduct Deduct Bid General Contractor Base Bid Alt. G-1 Alt. G-2 Days Securrty Lyell C. Halverson Co. $84,100.00 $3,000,00 $4,900.00 180 Bond Minneapolis, Minn. H.P. Droher � Sons St. Paul, Minn. Nash Construction Minneapolis, Minn. Boger Sheehy Co. Minneapolis, Minn. Berglund-Johnson Excelsior, Minn. Keyway Builders Plymouth, Minn. B-E Enterprises New Brighton, Minn. 75,000.00 94,500.00 79,087.00 79,866.00 69,703.44 87,570.00 2,600.00 6,000.00 2,218.00 6,500.00 2,640.00 5,112.00 4,467.00 4,660.00 4,258.00 2,193,00 3,20�.0� 5,350.Q0 210 Bond 180 Bond 180 Bond 180 Bond 180 Bond 180 Bond f � i Y .���1 PUBLIC HEARING MEETING OF NOVEMBER 13, 1972 General Contractor W.H. Cates Const. Minneapolis, Minn. Kloster-Madsen Minneapolis, Minn. 79,900.00 Mechanical Contractor Base Bid Berghorst P & H $26,B89 00 Coon Rapids, Minn. Fleming Sheet Metal N Minneapolis, Minn. C.O. Carlson A.C. 26,890.00 Minneapoli5, Minn. South Side P& H 23,359.00 Minneapolis, Minn. Metropolitan Mec. Contr. 27,869.00 Eden Prairie, Minn. Selden-Porter 27,133.00 Minneapolis, Minn. Axel Newman H& P 28,330.00 St. Paul, Minn. Modern Htg. & A.C. 27,500.00 Minneapolis, Minn. Mill City Hrg. & A.C. 27,880 00 Minneapolis, Nlinn. Electrical Contractors Base Bid Central E1ec. Minneapolis, Minn. $18,988.00 Gopher Elec. Minneapolis, Minn. 18,920.D0 Bacon's Electric Fridley, Minn. 16,990.00 Mergens E1ec. Wayzata, Minn. 17,990.00 Libby Elec. Minneapolis, Minn. 24,940.00 PAGE 13 Deduct Deduct Bid Base Bid Alt. G-1 Alt. G2 Days Security $77,900.00 $2,500.00 $4,000.00 180 Bond 3,600.00 4,200.00 200 Bond Bid Days Security 7 Days after Gen. Bond 0 B I D n i u n n n u n �� n n n n n Bid Days Security 7 Calendar Days Bond n rr n u n n n n � � � � � � � PUBLIC HEARING MEETING OF NOVEMBER 13, 1972 Electrical Contractors Lee Elec. Minneapolis, Minn. Courture Elec. Minneapolis, Minn. Lehn Elec. Anoka, Minn. Sallblad Elec. Minneapolis, Minn. John Ess & Sons Hopkins, Minn. Reliable Elec, Minneapolis, Minn. Total Elec. Minneapolis, Minn. Killmer Elec. Osseo, Minn. Sase Bid $15,995,00 22,750.00 18,668.00 2o,s�o.00 17,645.00 19,OD0.00 16,909.00 18,580.00 Days 7 Calendar Days PAGE 14 Bid S e currty Bond u n n n n n n n �� �� �� �� �� �� (No 1 only) (No. 1 only) The Crty Attorney said that first, he would recite what has happened. The advertisement for bids sent out sta*ed that the bids would be received and opened by 11:30 A.M., November 9, 1972. There were 8 general contractor bids which were received by the City Officials, and the bid opening com- menc�ed. At 11 32 a ninth bidder arrived with a late bid. The City Manager called him and asked for legal counsel. The City Attorney said he had advised him to receive the bid and notethe time of arrival. Since that time he has researched the matter, and it would be his conclusion that an irregularity that is minor and would not affect Lhe outcome of the bidding, and if that bidder is suitable as far as the rest of the bid is concerned, then the Council could award the bid. As it turns out that late bidder is also the 1ow bidder. MOTION by Councilman Utter to receive the bids. Seconded by Councilman Mittelstadt. Opon a voice vote, all ayes, Mayor Lieb1 declared the motion carried unanimously. The Finance Director said, as to the financing, that there are three sug- gestions. The first would be to use the money in the State Aid Revolving Account. He said he would not recommend that source because Fridley wi11 have the Mississippi underpass cost coming up and it is not known at this time what that share will be. Another possibility would be to sell revenue bonds. His suggestion is to reduce the transfer from the Liquor Fund to the General Fund and use the Revenue Sharing money to make up for the reduction in transfer from the Liquor Fund. The Liquor Fund money will then be used to build the liquor store, and the tax levy would not be altered. All but about $10,000 could be obtained from this source The revenue sharing money then would go back into the General Fund when it is received. ;' i � :��_2 PUBLIC HEARING MEETING OF NOVEMBER 13, 1972 PAGE 15 Councilman Mittelstadt commented that he thought this was an excellent plan, it does cost money to go out and borrow, and Fridley will have this money available from the revenue sharing and that will not alter the levy. Councilman Breider noted that on Page 6C, the estimated cost of the building is $156,750, the architect's estimate was $121,500. This is over $30,000 over the estimate. The City Manager explaitted that the bids received included building the building, sidewalk and parking lot and some brick facing. Such things as signs, internal furnishings, architect's fees, shelving, etc. are not included. The bids total out about $110�000 so they fall under the estimate. The cost oi the sign is anticipated at about $7,000 and the furnishings at about $15,000. Councilman Breider asked what kind of a sign this would be for $7,000. The City Manager said this has not been decided yet for sure, but signs are not an inexpensive item. Mayor Liebl asked how much was made from the Holly Store last year. The Finance Director said, after looking up the figure, $65,380 in 1971. Mayor Liebl commented that then the store should be paid for in two years time. MOTION by Councilman Breider to reduce the transfer from the Liquor Fund to the General Fund and use the revenue sharing money to make up for the reduction in the transfer from the Liquor Fund. The Liquor Fund money will then be used to build the liquor store. Seconded by Councilman Mittelstadt. Upon a voice vote, al1 ayes, Mayor Liebl dealared the motion carried unanimously . Mayor Liebl asked Mr Roger Patch, Architect� what was his recommendation. Mr. Patch answered that he recommends awarding the general contractor con- tract to Keyway Builders upon the advice of the City Attorney and after the contractor had been checked out by their office. Keyway Builders has not built a liquor store before but he had received a letter from them and read it aloud. The low mechanical contracrtor bidder was South Side P� H and they have been cheaked out and are acceptable. The low bidder for the electrical work is Lee Electric and they are also acceptable. As to when the store could be opened, as the Council will note all the bidders specify 180 days except two and they state more. MOTION by Councilman Mittelstadt to award the bids for the construction of the Municipal Liquor Store to: General Contractor Keyway Builders $69,703.44 Mechanical Contractor South Side P� H 23,359.00 Electrical Contractor Lee Electric 15,995.00 with completion to be in 180 days. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. SETTING A COUNCIL MEETING DATE FOR MONDAY, NOVEMBER 27, 1972, WITH THE BOARD OF DIRECTORS OF THE FRIDLEY POLICE PENSION ASSOCIATION SD DISCUSS FINANCING MOTION 1�y Councilman Mittelstadt to set the darte of Monday, November 27, 1972 at 7:30 to meet with the Police Pension Association. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. 1 � � s =, PUSLIC HEARING MEETING OF NOVEMBER 13, 1972 � FI IN OF AN ORDINANCE AMENDING ORDINANCE #435 RELATING TnrrnR RF.TWRAN CERTAIN HOORS ON SUNDAY AND PF.�VI➢ PAGE 16 THE SALE OF MOTION by Councilman Breider to approve the Ordinance on iirst reading and waive the reading. Seconded by Councilman I�3ittelstadt Upon a roll ca11 vote, Breider, Liebl, Utter, Mittelstadt and Starwalt voting aye, Mayor Liebl declared the motion carried unanimously. The Council asked that this Ordinance be back on the Agenda for second reading November 20th. RESOLUTION #134-1972 - A RESOLOTION AUTHORIZING AND DIRECTZNG THE RECERTIFI- CATION OF THE ST. 1968-1B STREET IMPROVEMENT PROJECT FOR 71S1 AVENUE ON PARCEL 4800, SECTION 11: (MiNNESQTA TRANSFER RAILWAY PR.OPERTY) MOTION by Councilman Breider to Councilman Mitte]stadt. Upon the motion carried unanimously. ADJOUPNMENT adopt Resolution �134-1972. Seconded by a voice vote, all ayes, Mayor Lieb1 declared MOTION by Councilman Breider to adjourn the Meeting. Seconded by Councilman Mittelstadt. Opon a voice vote, all ayes, Mayor Liebl declared the motion � carried unanimously and the Public Hearing Meeting o� November 13, 1972 adjourned at 10.55 P.M. ���Re ectful submitted, • ��� t� �. � e1 A. Mercer Frank G. Liebl Secretary to the City Counci.l Mayor �