Loading...
08/15/1977 - 00014409THE MINUTES OF THE REGULAR MEETING OF THE FRTDLEY CITY COU�CIL OF AUGUST 15, 1977 The Regular Meetzng of the Fridley City Council of August 15, 1977 was called to order at 7.30 p.m, by Mayor Nee. � PLEDGE OF ALLEGIANCE: � � Mayor Nee led the Council and aud�ence in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Councilwoman Kukowski, Councilman Schneider, Mayor Nee, Councilman Hamernik, and Councilman Fitzpatrick None ! �1 PRESENTATION OF CERTIFICATES OF APPRECIATION: Mayor Nee presented a certificate of appreciation to Mr. William Scott for his services as a member of the Human Resources Commiss�on Mayor Nee thanked Mr. Scott for his help and service to the City as a member of the Commission Mr. Michael Paripovich was not present to receive his certificate of appreciation for serving on the Environmental Quality Commission. Mayor Nee stated this certificate would be forwarded to Mr. Paripovich. APPROVAL OF MINUTES: REGULAR COUNCIL MEETING OF JULY 25, 1977: Councilman Schneider requested the following corrections be made to the July 25, 1977 minutes Page 3, seventh paragraph; first line: Eliminate the word "of" at the end of the line. Page 6, f�fth paragraph from the bottom; first line• El7minate the words °could be rental property" and substitute the words "area was all single family and ihe double bungalow could destroy the character of the neigh6orhood," Page 7, fourth paragraph; second line: Insert the word "large" between "the" and "size.° Page 7, fourth paragraph; fourth line After the word "lot," add the words "making a lot split difficult " MOTION by Councilman Fitzpatrick to approve the above amendments. Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. MOTION by Councilman Fitzpatrick to approve the minutes of Seconded by Counci7man Schneider. Upon a voice vote, all the motion carried unanimously. REGULAR COUNCIL MEETING OF AUGUST l, 1977: July 25, 1977 as amended voting aye, Mayor Nee declared Councilman Schneider requested the following addition be made to the August 1, 1977 minutes- Page 9, add the following paragraph after paragraph nine� "Councilman Schneider further stated that he felt that two months of detail dtscusston on this ord�nance was enough and that it was time now to act on it He said that voting should � � �� REGULAR MEETING OF AUGUST 15, 1977 PAGE 2 be simple--7f a Counczl member was for open, honest government a�d not trying to hide anything; that mem6er should vote for the ordinance. If, on the other hand, there is a fear of openness, or members want to h�de something, these members should vote against the ordinance." MOTION by Counc�lman Schneider to approve the above amendment. Seconded by Counc�l- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unam mously MOTION by Councilwoman Kukowski to approve the minutes of August 1, 1977 as amended. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. ADOPTION OF AGENDA Mr Sobiech, Public Works Director, stated he was contacted by Ms. Bakke, President of the Locke Lake Association, who requested that the agenda item concern�ng Locke Lake be continued to the September 12, 1977 meeting, at which time a statement will 6e forthcom�ng from the Associat�on. Mayor Nee asked if there was anyone present this evening who would like the item discussed Mr. Bert Wilm, 211 R�ce Creek Terrace N.E., indicated there were some persons rn attendance this evem ng who live between the trestle and University Avenue, however, he felt they would like the item continued at this time. MDTIDN by Counc�lman Fitzpatrick to continue the item regarding the receiving of 7nformation from Locke Lake Homeowners Association pertaining to Locke Lake improvement to the meeting of September 12, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee requested an item be added to the agenda as follows• "Consideration of Request by the Girl Scouts for a Burning Permit." MOTION by Councilman Councilman Hamerm k. carried unanimously. Fitzpatrick to add the above item to the agenda, Seconded 6y Upon a voice vote, all voting aye, A1ayor Nee declared the motion MOTION by Councilwoman Kukowski to adopt the agenda as amended. Seconded by Counc�lman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. OPEN FORUM, VISITORS RECEIVING PETITION N0. 15-1977--DPPOSING TEMPORARY MOBILE HOME LICENSE: Ms. Arlene Hartos, 533 Cheri Lane N.E., presented a petition to the Council opposing the Council's decision on July 25, 1977 when they granted a temporary permit for a mobile home in their area. She stated they received a letter from the City a day after the mobile home was on the lot. Ms. Hartos stated she learned from the Metropolitan Council that this mobile home will be visited for one day somet7me between August 22 and 26 for the purposes of �udging and the open house would take place on September 17 and 18. She stated, after September 17 and 18, all competition is finished and felt this license should be retracted. MOTION by Councilman Schneider to receive Pet�tion No. 15-1977 Opposing Temporary Mobt7e Home License. Seconded by Counci]woman Kukowsk�. Upon a voice vote, a77 voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Kukowski questioned what percentage of property owners had signed the petition. Ms. Hartos stated everyone they approached signed the petition, however, not everyone was at home when contacted. She felt they could get 100% of the residents to sign the pet�tion. , ' ' �J � � REGULAR MEETING OF AUGUST 15, 1977 PAGE 3 Councilman Schneider stated, when he was in contact with Ms Hartos, he had indicated to her that there was no requ�rement of a oublic hearing for issuance of this temporary license. He stated the information supplied to the Council indtcated there was a time factor involved and he was not aware of the actual date of the competition. He stated he belteved it was Mr. Beckler's tntention to remove the structure at the time the competition ended. Councilman Schneider read the minutes from the July 25, 1977 meeting regarding this ttem. Ms. Hartos questioned the period of time allowed for the license, which is past the competition date, and the fact that there will be an open house. Councilman Schneider stated, if a home was built on the lot, there would also be an open house for the public. Ms. Hartos felt the open house for a home on this lot would only be for a short period of time as homes in the area are not on the market for very long. Ms Hartos questioned if it was comnon practice to issue a license, even on a temporary basis, without not�fying the residents. Mr. Sobiech stated they haven't had that many temporary tra�ler licenses issued in Fridley. The ones issued were mostly for constructian ar during time of strikes. He stated, in this particular case, the staff revtew felt it was only on a temporary basis and would be removed at an appropriate time. Ms. Hartos stated, she understands, Mr. Beckler does have a lot in Fridley. Mr. Sobtech stated Mr. Beckler wanted to show what his product would look like in a single family residential setttng and it could not be shown in this manner in his mobile home sales lot, Mayor Nee asked what the residents reaction would be to letting Mr. Beckler keep the mobile home up through the competition and taking it down before the open house. Mr. Herrick, City Attorney, felt he would question this action since the permit has been issued and Mr. Beckler has spen� money on the pro�ect. He felt action shouldn't be taken 6y Council without having Mr. Beckler present. Councilman Schneider asked if Ms Hartos or the residents had contacted Mr. Beckler directly. Ms. Hartos indicated they hadn't, because the license was issued by the Council. A gentleman in the audience stated he is concerned primarily with the traffic. He felt if this temporary permit starts a precedent, it is something the residents are very much against. He stated the lot has been an eyesore in the area and was glad to hear Mr. Beckler is providing some improvement to the lot; however, he was concerned that a precedent might be set for using the lot. Ms. Hartos voiced concern with the problems of parking while persons are visit�ng the trailer Ms. Hartos stated they also have the license until November 1, 1977 and it does g�ve them the right to display Mr. Sobiech stated no restrictions were placed on the permit issued, only the final date for removal of the trailer. He suggested a corronum cation to Mr. Beckler indicating the concerns of the residents. Councilman Schneider questioned if it was oossible to put restrictions on the hours of display. Mr. Nerrick felt Mr. Beckler should be contacted before any action is taken by the Council since he has been issued the permit. He stated he would concur with Mr. Sobiech's idea of havin9 staff contact Mr. Beck1er to let him know the concerns of the neighborhood and to see if he would agree to some schedule as far as hours Mr. Qureshi, City Manager, stated the staff would work with Mr. Beckler regarding this problem to see if the impact on the neighborhood can be minimized. Mr. Qureshi also potnted out that the lot is not a restdential lot, but is zoned for multiple use; however, the use may be limited on the lot because of the size. � ; ,c, REGULAR MEETING OF AUGUST 15, 1977 PAGE 4 Mayor Nee indicated he wished the Council had consulted with the residents before the temporary license was issued, however, he stated they will try to rectify the pro6lem and reduce the negative effects. He stated the staff will work with P1r. Beckler to see what can be done. Ms. Hartos questioned when they would be notified of Mr. Beckler's reactions. Mayor Nee stated he felt Councilman Schneider would be in contact with the residents ' on this matter �R. RICHARD TREZONA - REGAR�ING TREE REMOVAL Dr. Richard Trezona, 177 Hartman Circle N.E., appeared before the Council regarding the billing he received for removal of a diseased tree. Dr. Trezona stated, while he was on vacation, a notice was received from the City's Forest Inspector that a tree must be removed within 14 days or the City would remove it. He stated, because he would not be back within this per�od of time, his son told the City to remove the tree; and consequently, he has receTVed a billing for removal of the tree. Dr Trezona stated he doesn't believe he owns the property on which the tree was located. He stated P4r. Wyman Smith has mailed a letter to the City Attorney regardtng this matter He stated, if it is determined that he owns the property, he will pay the bill. Mr. Herrick, City Attorney, stated he received a copy of this letter to which Dr. Trezona is referring and has spent a constderable amount of time researching the question. Mr. Herrick stated the Hartman's originally owned the property to the river He stated Mr Wyman Smith gave an opim on that he didn't think Dr. Trezona owned the land. Mr Herrick stated he has checked with several other attorneys and the attorney for the County and, while it is a gray area, it is his opinion that Dr. Trezona ' does own the land. He stated if a positive answer was desired, it would probably be necessary to get a court interpretation. He stated the written description and the draw�ng on the plat are somewhat �nconsistent; however, it is his opinion that Dr. Trezona owns the property to the river Mayor Nee felt this question couid be taken up at the assessment hearing on the treatment and removal of diseased trees. Mayor Nee apologized for the manner in which this was handled. �r. Trezona stated this is �nsignificant, however, he felt the matter of ownersh�p should be cleared up. He felt there would also be a lot of other persons along the river in the same situation. He stated, at this point, he didn't feel the 6i11 was legitimate and would like the matter of the "gray area" cleared up as to whether or not it is his property. He stated he was told his property went to the �udicial marker and not beyond Mr. Herrick stated it ts a fine line and opinions of the attorneys may not necessarily coincide He felt, if the Council wanted a definitive answer, the proper way would be to get a jud9e and rssue an order He stated the dec7sion comes down to what the City and property owners want to do. Mr. Herrick felt tt doesn't make any sense to leave a strip of land along the r�ver that was sold as river lots and leave a vacuum. Dr. Trezona stated the abstract states this property was given to a log and boom company for ingress and egress for logging. He stated, therefore, this property was not always Hartman's property. He stated it shows it belonged to, either by � right of being given as a court order or some other legal manner, a log and boom company. Mr. Herrick stated he questioned if it wasn't the right for that company to use the access. � � � REGULAR MEETING OF AUGUST 15, 1977 PAGE 5 - i Dr. Trezona stated, it looked to him, that it belonged to the log and boom company Mr. Herrick stated from what he has seen and has found at the court house, he has the opinion, at this time, that Dr. Trezona owns the property. Dr. Trezona requested that Mr. Herrick write a letter to his attorney, Mr Wyman Smith, regarding the opinion Mayor Nee felt any further discussion could be brought up at the assessment hearing. DISCUSSION - SPECIAL USE PERMIT FOR PROPERTY AT 79TH AND MAIN STREET: Mr. Dick Brama, owner of property at the northwest corner of 79th and Main Street, appeared before the Counctl regarding a proposed use for his property at this location. Mr. Brama explained he has a party interested in subletting his property for purposes of a"do-it-yourself" automotive repair center Mr. Brama stated there is nothing in the ordinances to cover this intended use and it was the staff's recommendation they should obtain a special use permit. Mr. Brama explained because of the time lnvolved in o6tatning a special use permit and the possi6ility of losing a prospective tenant, he would like to request a determination from the Council if a special use permit is necessary. Mr. Sobiech, Public Works Director, stated they have reviewed Mr. Brama's request and as far as the use being permitted by the code, there is nothing which states this type of use as being permitted. He felt, therefore, by applying for a special use permit, it would give residents of the area an opportunity to be heard at a public hearing and advise them as to what will be going into the building. Mr. Herrick, Ctty Attorney, stated the code does not specifically mention if this use is permitted or prohibited. He stated service uses are mentioned and can be permitted, providing they are not detrimental to the neighborhood, etc He stated the question comes down to, if the use is a service use, similar to others that are permitted, or if the use is something like a service station and requires a special use permit. Mr. Brama stated he would like an opinion as to whether it is necessary to app1y for a special use permit. Councilman Hamernik stated it would be a commercial venture and there was another application for this area for a tumbling school and these persons were advised a special use permit is required. He felt it applies in this case also. He stated he felt a precedent had 6een set, to some degree, as the tumbling school was advised to obtain a special use permit. Mr. Brama explained, if the Council looked favorably on a special use permit, the person interested in his property would obtain the necessary equipment as he felt the business should get in before the cold weather. 7his is why he is concerned about the time involved in applying for a special use perm�t Councilman Hamernik stated he could see no problem wiih that particular use providing everything is in order and all requirements of the code are met. Mayor Nee felt it would be a valuable service to the community; however, he would like to see what comments the public and residents might have. Councilman Schneider questioned if the special use permit could be considered by the Planning Commission this Wednesday, August 17. Mr. Sobiech stated it would not be possible, as notices have to be mailed. Mr. Qureshi, City Manager, stated the next Planning Commission meeting is on September 14 and Council could consider the request at the September 19 meetinq. Mr. Brama was advised that a special use permit would be necessary, and application should be made so it can be processed through the Planning Commission and Council. ,: REGULAR MEETING OF AUGUST 15, 1977 OLD BUSINESS: IDERATION OF FIRST READING OF AN ORDI 40 PAGE 6 E Councilman Namer m k felt �f they are going to assess a$1 penalty, the due date should be different than the date of the penalty. As the ordinance is now wr�tten, the due date and penalty date are identical. Councilwoman Kukowski stated she has a problem with the $1 penalty and would prefer the 50 cent penalty for not returnin9 the card on the,due date. Councilman Schneider indicated he was not comfortable with the $1 penalty; however, if there was a 10 or 15 day per�od between the due date and penalty, he felt this would be acceptable MOTION by Councilwoman Kukowski to waive the reading and approve the ordinance upon fi rst reading Seconded by Councilman Fltzpatr�ck. ' MOTION by Councilman Hamerm k to amend Section 402.07, paragraph 2, line 2 by eliminating the words "on the due date" and su6stituting the words "within 10 days of the due date." Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. UPON A VOICE VOTE TAKEN ON THE A1AIN MOTION, all voted aye, and Mayor Nee declared the motion carried una m mously. ORDINANCE N0. 661 - ESTABLISHING CHAPTER 30, A CODE OF ETHICS FOR CITY OFFICIALS Councilman Schneider stated he has revtewed the remarks made at the Planning Commission meeting concerning this ord�nance. Basica7ly, the remarks were to remove the disclosure requirements concerntng brother, sister, son, father, mother, etc. Councilman ' Schneider indicated these have been removed from the ordinance. He stated the other remarks from the Planning Commission were to change the financial interest percentage from 5% to 10%. He stated the other reference to 10% has been deleted so 5% is consistent with the other parts of the ordinance. Councilman Schneider stated the other considerations were how violations were to be handled. He indicated he had drafted some new requ�rements that the members should 6e sub,7ect to dtsmissal, but then felt someone would ha�e to judge and, therefore, did not constder it further. He stated, considering the City has many ordinances concerning misdemeanor violations, this ordinance can be handled in the same manner and, therefore, he is prepared to move for second reading without the change. Councilman Schneider stated the comment from the Planning Comr�ission regarding permanent Commission members has been handled by l�sting the specific Commissions in the ordinance, thereby excluding citizen project committees. Councilman Schneider stated there was some concern expressed over Section 30.20, Subdivision 4 regarding acceptance of gifts. He stated it was clearly not his intent to preclude such things as tradit�onal holiday gifts, gifts associated with a grand opening, a dinner or open house. Councilman Schneider stated he believed, from talking with the C�ty Manager, that if the intent is noted in the minutes it wou]d indicate some legal precedent, if the question arose. Mr. Herrick stated in reference to Section 30.20, Subdivision 4, the language itseif is such that in order to take action for a violation, the C�ty Prosecutor would have to be convinced that the gift was taken under circumstances where it could be reasonably inferred the gift was taken to influence someone in the performance of their official duties or was intended for a reward for any official action. He stated the Prosecutor would be faced �n trying to establish intent, and felt any pru dent prosecutor would not want to become involved in such a case, unless he is sure that this intention existed. 1 REGULAR MEETING OF AUGUST 15, 1977 PAGE 7 Mr. Herrick stated he agreed with Councilman Schneider's comments regarding gifts and felt the lan9uage in the ordinance should not pose any problem. MOTION by Councilman Schneider to waive the second reading of Ordinance No 661 and adopt it on the second reading and publish. Seconded by Counczlman Fitzpatrick. Councilman Hamernik stated, in reference to Sectton 30.20, Su6division 4, he agrees �with the City Attorney's comments that it would 6e difficult for a prosecutor to prove intent, but felt that the way this is written the mere alleoatior�could be damaging. He indicated he would prefer to see that section rewritten. He felt �f certain things are to be allowed, they should be noted to remove any chance of an intention. Councilman Schneider felt, if a list was provided of those things that are permissible, it would almost 6e an invitation of gifts of a certain k1nd. He stated he is comfortable with that section of the ordinance the way it is and felt the kinds of things mentioned earlier, no prosecutor would prosecute on as the conclusion would have to be drawn, before it could succeed in court, that there was intent. Councilman Hamerm k commented that he is not really comfortable with this section as it is written. MOTION by Councilman Hamerm k to amend Section 30.01, Subdivision 3, line 3 by changing the 5% to 10%. Seconded by Councilman Schneider Mr. Herrick stated in Section 30.32, Su6division l, Ttem 3, and Section 30.30, Subdivision 1, Item 4, you not only have to prove that there were two people that were interested in the same enterprise, but also would have to prove that the person who filled out the form knew this. He stated, if there is qoing to be any enforcement, it puts a real burden on the administraiion or prosecutor as he again has to prove intention or knowledge. hle stated he had no ob�ection, but wanted to point this out that enforcement will be very difficult. �UPON A VOICE VOTE TAKEN ON THE AMENDMENT, all voted aye, and Mayor Nee declared the motion carried unan�mously. Councilman Hamernik stated he felt the comments from the Charter Comm�ssion have not been answered regarding Section 30 60 and who will pay for litigation Mr. Herrick stated there are some statutes that provide, under certain circumstances, the City pays the cost of defending the Council or administrative staff, but whether this applies to Commission members or not would have to be determ�ned. He also stated there is insurance covering the Counctl and staff for personal liabtlity errors in �udgement, etc, but did not know whether the insurance would apply to Commission members. Mr. Herrick stated he could research this matter, if the Council so destred. Mr. Herrick suggested the ordinance could be amended to indicate that the cost of the defense would be paid for by the City, if the individual is found not guilty MOTION by Councilman Schneider to amend Section 30.6D by adding the following paragraph: "The City shall reimburse reasonable defense costs providing the defendent is found 'not guilty". Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried una m mously UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. �Councilman Schneider thanked all the Commissions and individual Commission members for the time spent in reviewing this ordinance. He felt the ordinance is a small step in the right direction and wished to thank them personally. NEW BUSINESS� CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING CHAPTER 214 ENTITLED SIGNS AND REPEALING PRIOR CHAPTER 214 ENTITLED SIGNS AND BILLBOARDS Councilman Schneider stated the remarks in the Plamm �g Commission minutes of August 3 indtcate they did not want the Council to act on this parttcular item as yet. *as amended 9/12/77 ��� REGULAR MEETING OF AUGUST 15, 1977 PAGE H MDTION by Councilman Schneider to table the f�rst reading of th�s ordinance until the Plamm �g Commission has completed the ordinance. Seconded by Councilman Fitzpatrick Mr. Herrick, City Attorney, stated this is the first time he has seen the ordinance and has not had an opportunity to read it. He questioned if the ordinance had been su6mitted to the Chamber of Co�nerce for their revTew srnce they have had an interest tn this matter. Ms. Pat Ga6el stated the Plam m �g Commission's intent in su6mitting the ordinance was for Council's review. She stated two members of the Cfiamber of Commerce were present and worked with the Commission on the ordinance, but felt that since it is 6eing ftnalized perhaps it should be submitted so they would have the opportunity to rev�ew it Mr Kraig Lofqu�st, representing Naegele Outdoor Advertising, spoke in opposition to the sign ordinance and particularly, prohibition of outdoor advertising. He felt this would not be reasonahle and aiould like to brina up points at the time of first reading. Mayor Nee requested that Mr. Lofquist submit his comments in writing. Mr. Lofquist indicated he wou7d wr�te a letter to the Counc�7 express�ng their feelings on the ordinance. Mayor Nee felt the ordinance was not �n any form to come to the Council at this time Councilman Hamernik indicated he was not in favor of restricting advertis�ng signs to the extent it has been proposed He felt it should be handled on a district bas�s, as in the previous ordinance. He indtcaied there are several comments in the Planning Commiss�on minutes of July 27 and August 3 that are not reflected in the ordinance. Councilman Schneider questioned what the final recommendation was from the Sign Committee. Mayor Nee stated he understands that no billboards would be allowed. Councilman Fitzpatrick stated he understood no additional billboards would be allowed Councilman Hamerm k stated another area discussed was illuminated signs and there were comments from the Chamber of Commerce regarding this item Councilman Fitzpatrick felt, if there are substantial changes, it should go back to be considered by the Sign Committee Councilman Hamernik also felt, if there ts going to 6e a penalty clause, it should be on the unkept signs. Mr. Qureshi, City Manager, felt the staff could review the language and the ordinance could go back to the Planning Commission for their review and approval. UPON A VOICE VOTE ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried una m mously. RECEIVING THE MINUTES OF THE PLANNING COMMISSTON MEETING OF JULY 27, 1977: MOTION by Counc�lwoman Kukowski to receive the minutes of the Plam m �g Commission Meeting of July 27, 1977. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COPIPIISSION MEETING OF AUGUST 3, 1977: MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission Meeting of Auqust 3, 1977 Seconded by Councilman Fitzpatrick. Councilman Schneider stated the statement on Page 16 of the July 17, 1977 minutes regarding a discuss�on which took place does not tell him very much. He indicated he was concerned about the quality of the minutes being received from the Planning Commisston. 1 1 � � � REGULAR MEETING OF AUGUST 15, 1977 PAGE 9 Councilwoman Kukowski stated the amount of minutes being taken is phenomenal, and felt it is up to the Planning Commission to make any corrections. Councilman Fitzpatrick indicated, if the Comm�ssion comes to some conclus�on he would like to know what that is; however, he felt minutes are different than a transcript UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unam mously. RECEIVING INFORMATION FROM LOCKE LAKE HOMEOWNERS ASSOCIATION PERTAINING TO LOCKE LAKE IMPROVEMENT: Action on this item was taken earlier in the meeting by the Council. CONSIDERATION OF A REQUEST FROM THE KNIGHTS OF COLUMBUS TO USE BINGO PROCEEDS FOR REPAIR OF THEIR BUILOING: Councilman Hamernik asked if there was any input from staff regarding how this could be handled. Mr. Brunsell stated there was a report submitted on other cities' requirements as far as bingo proceeds Councilwoman Kukowski stated, when the Council was consider�ng a similar request, there was discussion on what percentages would be allowed. Mr. Herrick felt the Council should review the ordinance regarding the licensing for bingo and possibly to amend it as to what is requ�red He also felt the forms for reporting the bingo proceeds should be standardized. Councilman Hamerm k felt it would simplify the gross sales from the tax records Mr. of gross sales should go to charity. � � } I the whole plan for the City by obtaining Brunsell, City Clerk, felt a certain amount Mr. Nerrick stated it seems when the forms are filed by the various organizations who have bingo, some of them appear to pay a larger percentage of their gross income in prizes than others. Representatives of the Knights of Columbus stated they pay cash prizes and during the course of the bingo session, there are ,7ackpots which are paid by check. He stated they show ,7ackpot payments as an expense. Mr. Herrick asked what percentage of their total income is paid out in prizes. The Knights of Columbus representative stated their average gross is $2,800 an evening and their disbursements will run between $1,600 and $1,7D0. Mr. Nerrick questioned what percentage would be paid oui in ,7ackpots. Representat�ves of the Knights of Columbus stated about $75 a session. Councilman Fitzpatrick felt the request of the Knights of Columbus to use bingo proceeds for improvements was a reasonable one, in view of their gross as reported to the Council. MOTION by Councilman Fitzpatrick to approve the request of the Knights of Columbus to use bingo proceeds for repair of their building up to a maximum of $10,000. Seconded by Councilwoman Kukowski. �Representatives of the Kntghts of Columbus stated when they summartzed their needs, it did not Znclude replacement of some tables; however the total still would not exceed $10,000 Councilman Fitzpatrick questioned the difference between the gross sales and gross profit, when they have a net profit. The Knighis of Columbus representatives expla�ned the gross sales are the totals taken in for an evening; less the prizes would be gross profit; and less the expenses for rent, salaries, sales tax, etc , would be net profit UPON A VOICE VOTE TAKEN ON THE MOTION, al1 voted aye, and Mayor Nee declared the motion carried unanimously. i ,� n � �,._ REGULAR MEETING OF AUGUST 15, 1977 PAGE 10 Councilman Hamerm k felt they should be 7ooking at a percentage of the gross sales for donations to charity and redistr�bution into the commum ty. He felt possibly a percentage of 12% to 15%. Councilman Fitzpatrick ind�cated he agreed with Councilman Hamernik, but would still l�ke to continue to get a report on the bingo proceeds. Mr. Brunsell indicated staff could draft an ordinance for the Council's consideration and also use a different reporting form. Mayor Nee indicated he would like to establish a percentage for contributions within the City, and wondered if this is legal. Councilwoman Kukowski suggested perhaps at least 5/ of the contributions could be kept within the City. Mr. Herrick felt staff could come back with some recomnendations that would be reasonable in terms of percentages. No other action was taken, therefore, at this time. CONSIDERATION OF PROGRAM FOR �ISPOSAL OF TAX FORFEIT PROPERTIES: The Council considered a proqram for disposal of substandard tax forfeit properties by the County where it will be stipulated that certain properties are "Not a Buildable Stte," "Flood Plain" or "Must be Combined for Building Site" in an attempt to provide as much information as possible to potential buyers. Mr. Sobiech stated the fear was that someone might buy these properties and not know they were not a buildable site, in the flood plain, or must be com6ined with otfier properties to have a 6u�1da61e site. Hopef�lly, this program would rectify that problem. Mr Herrick, City Attorney, suggested property owners ad,7acent to these substandard properties be notified they are go�ng up for sale. Counc�lman Fitzpatrick stated he agrees the ad,7acent property owners should receive this information. Councilman Schneider felt it would be desirable for the parties, as well as the City, to have the lots purchased by ad,7acent property owners. MOTION by Councilman Fitzpatrick to concur with the staff recommendation for disposal of tax forfeit properties and authortze this plan. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FINAL GRANT APPROVAL FOR THE STEP PROGRAM: Mr. Qureshi, City Manager, explained the grant would provide for two additional police officers for the STEP program. He explained this does not add any additional personnel from City funding, however, it does provide addttional equipment the City would purchase for the program The City Manager explained the City has the discretion to participate in the program for only one year or continue on a year-to-year basis. He explained there is some commitment on the City's part and it is an experimental program, however, he felt it can potentially provide a good service to the community. MOTION by Councilwoman Kukowski to approve the grant. Seconded 6y Counc�lman Hamernik. Councilman Schnetder felt this was a fine program and hoped it worked out well. He clarified that the two police officers will not be hired to fill the vacant pos�tions, but are two additional men over and above the existing vacanc�es. Mr. Qureshi stated the funding from the grant would be used to hire two additional officers; however, the only commitment on the City's part is for the equipment requested in the budget, which is a fully equipped patrol car and other miscellaneous equipment. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimousiy. � 1 ' �\ f /V REGULAR MEETING OF AUGUST 15, 1977 - CALLING A PUBLIC 8 PAGE 11 AND ALSO CALLING MOTION by Councilman Fitzpatrick to adopt Resolution No. 75-1977 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 76-1977 - DIRECTING PREPARATION OF THE FINAL ASSESSMENT ROLL FOR WATER, SEWER AND STORM SEWER IMPROVEMENT PROJECT N0. 121 MOTION by Councilman Schneider to adopt Resolution No 76-1977 Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 77-1977 - DIRECTING PUBLICATION OF HEARING DN PROPOSED FINAL ASSESSMENT ROLL FOR WATER, SANITARY SEWER AND STORP1 SEWER IMPROVEMENT PRO�ECT ND. 121: MOTION by Councilwoman Kukowski to adopt Resolution No. 77-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. RESOLUTION N0. 78-1977 - DIRECTING PREPARATION OF THE FINAL ASSESSMENT ROLL FOR THE ST. 1977-1 AND ST. 1977-2 STREET IMPROVEMENT PROJECTS: MOTION by Councilwoman Kukowski to adopt Resolution No. 78-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 79-1977 - DIRECTING P r Y ON PROPOSED FINAL ASSESSMENT 1 MOTION by Councilwoman Kukowsk� to adopt Resolution No. 79-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. RESOLUTION N0. 80-1977 - DIRECTING PREPARATION OF THE FINAL ASSESSMENT ROLL FOR ST, MOTION 6y Councilwoman Kukowski to adopt Resolution No. 80-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously UTION N0. 81-1977 - �IRECTINf, PUBLICATION OF HEARING ON PROPOSED FINAL ASSESSMENT Cl1D CT 107G_Q �TDCCT TMDDl11/CMC�IT ODfI_lC!`T• MOTION by Councilman Fitzpatrick to adopt Resolution No. 81-1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RESOLUTION ND. 82-1977 - DIRECTING PREPARATION OF THE FINAL ASSESSMENT ROLL FOR THE 1977 SERVICE C�NNECTIONS: MOTION by Councilman Hamernik to adopt Resolution No. 82-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously. 'RESOLUTION N0. 83-1977 - DIRECTING PUBLICATION OF HEARTNG ON THE PROPOSED ASSESSMENT ROLL FOR THE 1977 SERVICE CONNECTIONS MOTION by Councilman Schneider to adopt Resolution No 83-1977 Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unammously � �, �l REGULAR MEETING OF AUGUST 15, 1977 PAGE 12 RESOLUTION NO II4-1977 - DIRECTING PREPARATION OF THE FINAL ASSESSMENT ROLL FOR TREATMEN7 nnin nrnnm�ni nr rnrrc �m� . MOTION by Councilwoman Kukowsk� to adopt Resolution No 8�4-1977. Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. RESOLUTION N0. 85-1977 - DIRECTING PUBLICATION OF HEARING ON THE PROPOSE� ASSESSMENT ROLL FOR THE TREATMENT AND REMOVAL OF TREES 1977 : MOTION by Councilman Fitzpatrick to adopt Resolution No. 85-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. RESOLUTION N0. 86-1977 - AUTHORIZING AN� DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON LOTS 5-7, BLOCK l, ONAWAY, AND APPORTIONING INTO LOTS 5, 6 AND N. 35' OF LOT 7, BLOCK 1, AND N 5' OF LOT 7, BLOCK 1, ONAWAY MOTION by Councilwoman Kukowski to adopt Resolution No. 86-1977. Seconded by Councilman Hamern�k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ON N0. 87-1977 - AUTHORIZING AN� IF SPECIAL ASSESS MOTION by Councilman Schneider to adopt Resolution No. 87-1977 Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO 88-1977 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 37, 38, 39, AND 40, BLOCK 12, SPRING BROOK PARK: ' MOTION by Councilwoman Kukowsk� to adopt Resolution No. 88-1977. Seconded by Councilman ' Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. T - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIA MOTION by Councilman Fitzpatrick to adopt Resolution No. 89-1977. Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. f:� � . MOTION by CounciTwoman Kukowski to adopt Resolution No. 90-1977. Seconded by Counc9lman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unammously. UTION N0. 91-1977 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS MOTION by Councilman Schneider to adopt Resolution No. 91-1977. Seconded by Council- , woman Kukowsk�. Llpon a voice vote, al7 voting aye, Mayor Nee dec]ared the motion carrted una m mously. 92-1977 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL MOTION by Councilwoman Kukowski to adopt Resolution No. 92-1977. Seconded 6y Councilman Hamernik. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously _� i REGULAR MEETING OF AUGUST 15, 1977 APPOINTMENT NAME CITY EMPLOYEE: P�SITION STARTING SALARY Brook Thomas Schaub Police Officer $945(mo 389 S. Warwich Street St. Paul, MN 55105 EFFECTIVE DATE Au9ust 29, 1977 PAGE 13 REPLACES Rtchard Huss �MOTION by Councilwoman to approve the appointment of Brook Thomas Schaub as a Po1ice Officer at $945/month, effective August 29, 1977. Seconded by Councilman Schneider. Upon a voice vote taken, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file �n the License Clerk's Office. Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CLAIMS: MOTION by Councilwoman Kukowski to authorize payment of Claims No 205J02 - 222999. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: Weaver, Talle & Nerrick 316 East Main Street Anoka, MN 55303 For Services Rendered as City Attorney for July, 1977 �Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building Minneapolis, Minnesota 55402 For Services Rendered as Prosecutor for July, 1977 $2,102.35 $1,765.00 MOTION by Councilman Hamernik to approve the estimates as subm�tted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REOUEST BY THE GIRL SCOUTS FOR A BURNING PERMIT. MDTION by Councilman Schneider to approve the request by the Girl Scounds and waive the fee. Seconded by Councilwoman Kukowski. Councilman Fitzpatrick indicated he had some reservations about this permit. He stated he did not understand the d�stinc�ion by the Pollution Control Agency about what is allowed and what isn't. Mr. Qureshi, Ctty Manager stated, general7y, it is the size of the property involved. He stated the City's role is that the F�re Department is alerted and to respond, if the burning would get out of hand. Councilman Fitzpatrick stated it is his understanding, the reason burning wasn't ,allowed on another occasion is that the Pollution Control Agency doesn't want the pollution. Mr. Qureshi felt the question is which �s worse, the diseased trees or pollut�on. Counc�lwoman Kukowski felt this �s a non-profit organization and they have to look at the expense to remove the trees. y'�> � b REGULAR MEETING OF AUGUST 15, i977 PAGE 14 Counctlman Schneider stated he inquired sane t�me ago about burning going on in Innsbruck and understands the City has no control, once the Polluiion Control Agency issues the permit. Mr. Qureshi felt if there is strong objection, they could deny the permit. He stated the permit from the City is primarily for control purposes and the permit from the Pollution Control Agency is primarily for pollution purposes. Councilman Fitzpatrick stated they are not being asked for the permit, 6ut to waive the fee. He indicated he did not wish to create a hardship for this organization, but the permit is granted for other reasons other than polluting. Councilman Hamer m k stated the Pollution Control Agency allows other suburbs to dispose of their diseased trees in this manner. Mayor Nee indicated the City's policy regarding diseased trees condemned on pr�vate property and the method of removal and disposal. Gouncilman Fitzpatrick felt the permit should be denied and the Girl Scouts proceed on the same basis as other private property owners. UPON A ROLL CALL �OTE, Councilman Schneider vot�ng aye, Counc�lwoman Kukowski v�t�ng aye, Counci7man Hamerm k voting aye, P1ayor Nee voting nay, and Councilman Fitzpatrick voting nay, the motion carried by a vote of 3 to 2. ADJOURNr+IENT MOTION by Councilwoman Kukowski to ad,7ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously and the Regular Meet�ng of the Fridley City Council of August 15, 1977 adjourned at 70 40 p.m. Respectfully submitted, , , , � � � N���z ��E� �'- Carole Haddad Secretary to the City Council Approved: � �o � f��y�� William �. Nee Mayo r ' 1 '