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HomeMy WebLinkAboutCC MINUTES 08231966 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 105349 a Box: 34 Folder: CC MINUTES AND AGENDAS 1966 Document: CC MINUTES 08231966 .r VILLAGE OF ST. ANTHONY COUNCIL MINUTES August 23, 1966 The regular meeting of the Village Council of St. Anthony was called to order by the Mayor at 8:00 o'clock P.M. on Tuesday, August 23, 1966. The following were present at roll call: O'Connor, Springer, Bailey, Sorenson Absent: Dougherty Also present: Raymond Haik, Village Attorney DeWayne Olson, Village Engineer John Pri nton, Village Manager Upon motion by Councilman Bailey and seconded by Councilman Sorenson it was moved that the Minutes of the regular meeting of August 9, 1966 be approved as • submitted. Motion Carried. Upon motion by Councilman Sorenson seconded by Mayor O'Connor it was moved that the matter of the Walbon property be removed from the table. Motion Carried. Mr. Walbon reviewed his proposal and further agreed that he would erect a barrier to separate the properties facing 33rd Avenue N.E. from the non-conforming area used as commercial property. Mayor O'Connor stated that some of the residents indicated they would favor an eight foot fence rather than a six foot one. The Council agreed that a $5,000.00 performance bond be posted, that*0 developer submit proper plans for the remodeling of the building and the planting develop- ment of the boundary of the property, and also that the proposed burm be indicat- ed on which a six foot fence is to be erected. There being no further discussion; Councilman Sorenson moved and seconded by Councilman Bailey, that the development plans be approved with the requirement that a $5,000.00 performance bond be posted, that a six foot fence be erected on the boundaries of the site and that the planting detail be worked out with the Village Manager. Motion Carried. Mr. Albert Villella appeared and stated that he had withdrawn his petition for • zoning from R1 to R2 and would submit a replat of the area for R1 development to the Planning Board at their next meeting. He stated that• he was unaware of the objections of the nearby residents when he made his request. A request for the alteration of Sandy's Drive-In sign was presented. Pictures were submitted showing the proposal. After discussion, Mayor O'Connor moved and seconded by Councilman Sorenson that the request for the alteration of Sandy's Drive-In sign be approved as requested. -" Motion Carried. -2- Upon 2-Upon motion by Councilman Sorenson seconded by Councilman Springer it was moved that the request of Quality Homes for the placement of 2 - 4X8 signs on Village R/W be disapproved. Motion Carried. / Plans for the construction of a 12 unit apartment with 12 garage units to be constructed at 3721 Chandler Drive were reviewed by the Village Council. After discussion in which a single drivoway entrance was recommended, Councilman Bailey moved and seconded by Councilman Springer that the plans be approved and that the west face of the garage complex be face brick to match the apartment building. 11 Motion Carried. The Planning Board was directed to hold a special meeting with the Village Council and Midwest Planners to discuss the firms planning proposal. Councilman Sorenson moved to have Ordinance No. 38A removed from the table. The motion was seconded by Mayor O'Connor. Motion Carried. • After discussion, Councilman Sorenson moved and seconded by Councilman Springer that Ordinance No. 38A be adopted and that the first and second reading be waived. Voting on the motion: Aye: Springer, Sorenson, O'Connor Nay: Bailey Absent not voting: Dougherty Ordinance declared adopted. The Village Manager reported the bid opening for street surfacing scheduled for August 22, 1966 was delayed until now, as only one bid had been received. After discussion, on which it was agreed that the bid would be acceptable if it was within 10% of the engineers estimate for the projects, the bid of Dunkley Surfacing Inc. was opened. The bid was as follows: Dunkley Surfacing Co. Inc. - $14,026.50 The Village engineer reviewed the bid and indicated it was below the estimate of $14,800.00 and recommended that it be awarded. After discussion, Mayor O'Connor introduced Resolution No. 66-066 and moved its adoption. RESOLUTION NO, 66-066 A RESOLUTION AWARDING THE BID FOR STREET IMPROVEMENTS ON ROOSEVELT COURT AND MACALASTER DRIVE The resolution was duly seconded by Councilman Bailey. f -3- Voting on the resolution: Aye: O'Connor, Springer, Bailey, Sorenson Nay: None Absent not voting: Dougherty resolution declared adopted. DeWayne Olson, Village engineer, explained the necessity of lowering the water line to match the street elevation of the Pat Pen Addition and the placing of an 8" gate valve to facilitate the lowering and the control of the lines in the area. Councilman Sorenson moved and seconded by Councilman Springer that change Order #1, Sanitary Sewer, Water, and Storm Sewer Improvement 1966-1 be approved. Voting on the Motion: Aye: O'Connor, Springer, Bailey, Sorensnn Nay: None Absent not Voting: Dougherty Motion Carried. A tabulation of Liquor Store bids opened August 18, 1966, at 10:00 O'clock A.M. • is as follows: Conrad Construction Ce,N„ , 3%bond $68,896.00 120 calendar days Louis Dinzl Construction Co. 3%bond 679712.00 105 calendar days R. F. Panek Construction Co. 3%bond 74,318.00 120 calendar days De M. Noyes Construction Co. Inc. 37bond 66,800.00 90 calendar days Olson and Anderson Inc. Mond 55,000.00 90 calendar days Henning Nelson Construction Co. 3%bond 66,660.00 120 calendar days Mr. Anderson of Olson and Anderson Inc. presented a letter, which is part of the Minutes requesting his firm's bid be withdrawn as he did not include electrical and mechanical work in his bid of $55,000.00. The letter from the firm of Thomas, King, Swenson and Collatz, attorneys, is as follows: Gentlemen: We have been consulted by Olson S Anderson, Inc. of Minneapolis, which informs us that on the 18th day of August it submitted a bid to you for the general construction of your proposed "addition and remodeling for Municipal Liquor Store #i, 2900 Kenzie Terrace, St. Anthony Village, Minnesota", in accordance with the plans and specifications for the sum of $55,000. Forty-give minutes after the bids were opened, Olson & Anderson, Inc. learned, upon inquiry from another bidder, that the electrical and mechanical work were intended to have been included. Our client, Mr. Anderson, immed- iately called Mr. Bennett of your architectural firm and notified him that their bid did not include the electrical and mechanical work. Mr. Bennett said that in view of that, he would call the Village within the hour. Very shortly thereafter, he informed Mr. Anderson that Mr. John Printon, its Village Manager, insisted upon having the bid submitted to the Council. Mr. Anderson then called Mr. Printon and notified him that the bid had been submitted by mistake because of deficiencies in the specifications. Mr. Printon said that neverthe less he was going to submit the bid to the Village Council. -4- It is our opinion that the plans and specifications were not only in- complete, but misleading, and did not call for any bid to include mechanical and electrical work. This is confirmed by the fact that even bidders who had seen the published invitation for bids (which Olson S Anderson, Inc. had not) called the architects to inquire if this work was to be included. Any one call should have alerted the architects to the danger that bids would be submitted through mistake. The very substantial spread of $11,000 between this bid and the next two or three bids should have made it obvious to you and the architects that a mistake had been made. Under the circumstances, there has been no meeting of the minds and you cannot legally accept the bid which is hereby withdrawn for the reasons stated. Demand is also made that you return to Olson & Anderson, Inc. its bid bond. See St. Nicholas Church v.KKroPD135 Minn. 115, 160 N.W. 500, Independent School District v. Weeinmann, 248 Minn. 267, 68 N.W. 2d 248; Kra-in v. age of Almond, 290 N.W. 132. Notwithstanding the foregoing and for the purpose of settlement only, and with a full reservation of all its rights and defenses, Olson & Anderson, Inc. is willing to amend its bid so as to include the electrical and mechanical work for the additional amount of $11,365.00, which would bring its total bid- to $66065,00. This figure is submitted because our clients have been Inform- ed by another bidder that this is the amount at which he included this work • in his bid and he is willing to accept a subcontract at this figure. In making this offer, we call your attention to the fact that Olson & Anderson, Inc. is including nothing additional for overhead and profit on this extra work." Mr. David Bennett, architect for the liquor store addition asked that his state- ment be made a part of the record in opposition to certain portions of the letter from Mr. Thomas, esquire. His reply is as follows: "Itece exception to and disagree with the first sentence, third paragraph of above letter. Of the six bids accepted by the Village only this contractor failed to include mechanical and electrical work in his bid. Of the other five contractors only one found need to call (on the morning of the bid opening) to clarify this point. The responsibility to clarify such matters is, by specification, the responsibility of the contractor. Directions for the inclusion of mechanical b electrical equipment in the contract are made explicit by inclusion of drawings & specification for such work bound, indexed and referred to in the contract documents -- of which the drawings are an integral part." Mr. Anderson presented the method on which his bid was computed. The Mayor inform- ed Mr. Anderson that the method of arriving at a bid price was of no concern to the Council. After discussion, Councilman Sorenson moved and seconded by Councilman • Bailey that the low bid of Olson-Anderson Inc. be rejected on the basis of an error of omission as stated in the letter by Mr. Paul Thomas, esquire. Motion Carried. Councilman Sorenson introduced Resolution No. 66-067 and moved that it be adopted. J -5 • RESOLUTION NO. 66-067 A RESOLUTION AWARDING THE BID FOR THE REMODELING AND BUILDING OF AN ADDITION TO THE OFF SALE LIQUOR STORE #1. The Resolution was duly seconded by Councilman Bailey. Voting on the resolution: Aye: O'Connor, Springer, Bailey, Sorenson Nay: None Absent not voting: Dougherty Resolution declared adopted. Mayor O'Connor introduced Resolution No. 66-068 and moved that it be adopted. RESOLUTION N0, 66-068 A RESOLUTION TRANSFERRING SURPLUS FUNDS FROM ACCOUNT NO. 474-2-20 TO ACCOUNT NO. 474-2-40 • The resolution was duly seconded by Councilman Springer. Voting on the Resolution: Aye: O'Connor, Springer, Bailey, Sorenson Nay: None Absent not voting: Dougherty Resolution declared adopted. Councilman Sorenson moved and seconded by Mayor O'Connor that the matter of the census figure which is the basic for cost distribution of the Hennepin County Nursing Service be checked for the inclusion of Ramsey County residents in the total and that the bill be tabled. Motion Carried. Mayor O'Connor introduced Resolution No. 66-069 and moved its adoption. RESOLUTION NO. 66-069 RESOLUTION ORDERING ASSESSMENT HEARING ON 1965 STREET IMPROVEMENTS PROJECT 7417-65-1 AND 1965 UTILITY RELOCATION 7419-65-1 • The resolution was duly seconded by Councilman Bailey. Voting on the resolution: Aye: O'Connor, Springer, Bailey, Sorenson Nby: None Absent not Voting: Dougherty Resolution declared adopted. ti -6- The meeting adjourned at 9:30 o'clock P.M. and reconvened at 9:40 o'clock P.M. All present who answered opening roll call. The Village Manager was directed to indicate to/he Hennepin County Board that a Mutual Aid Disaster Radio Service would be beneficial to the suburban area. John Szafranski, St. Anthony J.C. 's, requested approval of permits to hold the annual September Fest on September 10, 11, 1966. After discussion, Mayor O'Connor moved and seconded by Councilman Sorenson that the St. Anthony J.C. 's request to hold a parade, dance, carnival rides, art show, bingo, etc. on September 10, 11, 1966 be approved, and that all permit fees be waived, and also that certificates of insurance be filed with the Village Clerk. The Village Manager was directed to contact the Hennepin County Highway Department regarding the restriction of parking along Silver Lake Road from 33rd Avenue N.E. to 34th Avenue N.E. Upon motion by Mayor O'Connor seconded by Councilman Sorenson it was moved that Northwestern Bell Company's request to lay cable on 33rd Avenue N.E. and Stinson Boulevard be approved as per plan submitted. Voting on the motion: Aye: O'Connor--,--Springer, Sorenson Nay: None Abstained: Bailed Absent not voting: Dougherty Motion Carried. Upon motion by Councilman Bailey seconded by Councilman Sorenson it was moved that the list of election judges as submitted by the Village Clerk to serve at the primary and General Election be approved. Motion Carried. A request to hold a street dance at 32nd Avenue N.E. and Croft Drive was approved by general consent of the Council. The Village Attorney was requested to direct a letter to the owners of the Diamond Eight Apartment owners in regard to numerous incidents requiring police investi- gation. The Village Manager was directed to notify the owners of the--.Lowry Grove Trailer Perk that said- owners would be required to hook up to the Village water system by 'November 15, 1966. 0 The Village Manager was directed to contact Mrs. Merle Harris in regard to serving as U.N. Day Chairman. Upon motion by Councilman Sorenson seconded by Mayor O'Connor it was moved that the Certificate of the engineer.. Comstock and Davis in the amount of $31.80 be approved. Mntinn rArrierl_ t Upon motion by Councilman Springer seconded by Councilman Bailey it was moved that the Certificate of the engineer, Comstock and Davis, in the amount of $9.00 be approved. Motion Carried. Upon motion by Mayor O'Connor seconded by Councilman Bailey it was moved that the Certificate of the engineer, Comstock and Davis, in the amount of $97.00 be appr- oved, said amount to be reimbursed by Empire Sales Inc. as per agreement on file. Motion Carried. Upon motion by Mayor O'Connor seconded by Councilman Sorenson it was moved that the statement of Myers, Anonsen and Bennett, liquor store architects, in the amou- nt of $1914.35 be approved. Motion Carried. Upon motion by Councilman Sorenson seconded by Councilman Bailey it was moved that the properly verified claims be approved. Motion Carried. • Upon motion by Mayor O'Connor seconded by Councilman Sorenson it was moved that the Certificate of Brauer and Associates Inc., Park Planners, in the amount of $1728.00, payable to Northern Contracting Co.. for the construction of the Central Park Wading Pool be tabled to May 15, 1967 so that an appraisal may be made at that time of any further damage occurring during the winter of 1966-67 due to faults in the pool and also in the pool deck. Motion Carried. The proposals of New Brighton Village Attorney, Perry Copeland, and Village Attorney, Raymond Haik, were discussed regarding County Ditch #3 improvements. The changes as set forth by Mr. Haik were approved and the Village Manager was directed to forward copies of the amended proposal to the New Brighton Village Council and Manager for approval. The posting of signs in the forthcoming primary and general elections was discuss- ed. It was the Council 's feeling that the Ordinance regulating signs should be adhered to. The Village Manager was directed to notify the fire marshall to require the owner of the property on the N.W. corner of 3211 and also the S.E. corner to clean up debris on the premises. Upon motion by Councilman Bailey seconded by Councilman Sorenson it was moved that the meeting be adjourned. Motion Carried. ATTEST: Mayo Village erk V14laqe Manaaer