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10/24/1977 - 00014361� �Ju THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 24, 1977 The Regular Meeting of the Fridley City Council of October 24, 1977 was called to order �at 7:37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT Councilman F�tzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider, and Councilwoman Kukowski MEMBERS ABSENT: None APPROVAL OF MINUTES: REGULAR MEETING, SEPTEMBER 26, 1977: Councilman Hamernik requested corrections be made on Page 5, the fifth paragraph from the bottom, as follows: Change the word'�orrelate" to "relate" and insert the word "prohibiting" after the word "what." On the 4th line of the paragraph, change the word "is" to "was" and substitute the word "franchise" for "private " Ccuncilman Schneider requested the spelling be corrected on the architect's name on Page 7 which should be "Dunwiddie." Also on Page 7, the third paragraph from the bottom and the last paragraph, Mr. Foster should be changed to "Mr. Dunwidd�e," ' MOTION 6y Councilwoman Kukowski to approve the minutes of September 26, 1977 as corrected. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, REGULAR MEETING, OCTOBER 3, 1977: MOTION by Councilman Schneider to approve the minutes of October 3, 1977 as presented Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ADOPTION OF AGEN�A: Councilman Hamer m k requested an item be added: "Receive Petition No. 16-1977 from Res�dents on Melody Drive Regarding Installation of a Street Light." MOTION by Councilwoman Kukowski to adopt the agenda as amended Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, UISIT�RS: There was no response from the audience under this item of business. OL� BUSINESS: ' OR�INANCE N0. 664 - TO AMEND CHAPTER 206, SECTIDN 206.05 ENTITLED FIRE LIMITS OF THE CITY CODE BY EXCEPTING A CERTAIN PARCEL OF LAND FROM THE FIRE LIMITS MOTIDN by Councilman Fitzpatrick to waive the second reading of Ordinance No. 664 and adopt it on the second readin9 and publish. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ;?�{� REGULAR MEETING OF OCTOBER 24, 1977 PAGE 2 OR�INANCE N0. 665 - AMENDING THE FRI�LEY CITY CODE, CHAPTER 901 ENTITLED PENALTIES, SECTION 901.01 AND 901.05 FALSE STATEMENTS: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 665 and adopt it on the second reading and publish. Seconded 6y Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. NEW BUSINESS: RECEIVING PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 28, 1977: MOTION by Councilwoman Kukowski to receive the minutes of September 28, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. RECEIVING PLANNING COMMISSION MEETING h1INUTES OF OCTOBER 5, 1977: MOTION by Councilman Schneider to receive the minutes of October 5, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. RECEIVING SENIOR CITIZEN/FAMILY HOUSING COMPLEX PLANS AND CONSIDERATION OF A REQUEST Mr Sobiech, Public Works Director, briefly explained the plans for the development of property generally bounded by 7th Street, 63rd Avenue, 5th Street, and Mississippi Street. He explained the complex would consist of housing for senior cttizens and 92 family-type units. The family-type units would contain a total of 11 structures consisttng of 41, 1 bedroom units; 39, 2 bedroom u m ts and 12, 3 bedroom units Mr. Sobiech indicated the staff is working closely with the developer to ensure proper recreational facilities on the site and appropriate berming, screening, and landscaping of the ponding area. Mr. Sobiech explained several of the structures would encroach on the existing drainage and utility easement, however, no problems are anticipated He stated the alignment of the easement was based on a previous proposal for use of the property. Mr Sobiech explained they are working with the developer and Rice Creek Watershed District regarding the amount of property to be retained for drainage purposes and felt if the encroachment was approved, vacation proceedings should follow, after a determination is made on the exact locatton of the structures, and any damage to the garages from flooding would be the responsibility of the owner. Cou�cilman Hamernik stated, as long as no dwellings are jeopardized in the final plans, he would have no ob,7ection to the encroachment. MOTION by Councilman Hamer m k to allow the request for encroachment of structures into the drainage and utility easement with the stipulation that the realignment of the drainage and util�ty easement be completed through appropriate vacation proceedings as soon as the location of the structures �s determined; further, the owner be liable for any structural damage or personal property damage from any floodtng which might occur Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING REPORT REGARDING 911 PLANS FOR ANOKA CDUNTY FRDM MR. ROBERT SCARLETT: Mr. Qureshi, City Manager, stated the report regarding this plan has been supplied by Anoka County and they are requesting any comments from the City, Mr. Qureshi stated Mr. Scarlett from the Metropol�tan Council was here this evening to review the report and answer any questions the Council may have. Mr. Scarlett stated 911 is proposed as a universal emergency number. He stated in the State of Minnesota there are currently about 11 cities that have this service. He explained a citizen dialing 911 would have his call answered in Anoka County for dispatching of the necessary emergency resources. He stated the capabilities of the 911 system is automatic identification of the number the person is calling from and the location of the calling party. In reply to a question by Mayor Nee regarding financing, Mr. Scarlett stated the Legislature is currently considering three alternatives. One would be to continue funds from the General Fund; the second would be to have subscribers pay directly; 1 ' ' REGULAR MEETING OF OCTOBER 24, 1977 PAGE 3 and the thir� which is similar to the second alternative, would be to have subscr�bers paying a certain amount for the 911 service. He stated it is clear whatever proposals are being considered, property taxes would not be used for financing. MOTION by Councilwoman Kukowski to approve the report. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ' Mayor Nee thanked Mr. Scarlett for reviewing the report with the Council. Mr. Qureshi felt the role of the Metropolttan Council in thts study, where they acted as a facilitator, was the kind of help local government needed with the decisions bein9 made on the local level. He personally thanked Mr. Scarlett for his help. CONSIDERRTION OF CONCEPTUAL APPR�UAL OF AUXILIARY BUILDING AT NORTH PARK, REQUESTED BY FRIDLEY JAYCEES Mr. Ken Sporre, representin9 the Fridley �aycees, appeared before the Council regarding approval of the concept of an auxiliary building at North Park. He requested the Council approve the concept for a building at North Park and then the Jaycees would proceed with a design for building a temporary factlity for programs currently going on in the park. Mr. Sporre stated this bu�ld�ng would in no way be permanent, but could be used until monies are available for construction of the energy building He explained the balance of the CETA funds would be used for construction of this building. Councilman Hamernik stated there oriqinally was a proposal for two phases and the Council approved only Phase 1 which did not include any building. He felt before an indication is given to this concept, the Council should consider whether they want to approve Phase 2. Councilman Fitzpatrick felt giving approval for the Jaycees to research this building would not be committing the Council to all of Phase 2 He felt all the Council is being asked is to approve their coming back with a plan for the building. If this was approved at that time, he didn't feel the Council would be committing themselves to all of Phase 2. Mr. Sporre indicated this building would not take the place of the energy building in Phase 2 He siated it is hoped they could also put up the observation blinds at the same time. Councilman Schneider stated he sees this as an interim building and not necessary approval or disapproval of Phase 2. He indicated he appreciated the proposal made by the Jaycees. MOTION by Councilman Schneider to grant approval of the concept of the build�ng proposed by the Jaycees. Seconded by Councilwoman Kukowski. Councilman Hamernik stated restroom facilities were part of Phase 1 and quest�oned what was being done for these facilities. Mr. Sporre stated there would be restroom facilities located in the 6uilding. UPON A VOICE VOTE TAKEN ON THE ABOUE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. � Mayor Nee stated he also appreciated what the Jaycees are trying to accomplish. CONSIDERATION OF CLAIM FOR GUITAR BY RONALD RHINEHART, REPRESENTE� BY TOM KIGIN Mr. Tom Kigin, attor�ney representing Mr. Ronald Rhinehart, appeared before the Council regarding reimbursement for a 9uitar. Mr. Kigin stated he was at a Council meeting last spring to make a claim for a guitar taken from Mr. Rhinehart which was subsequently sold at an auction. He stated the Council, at that time, determined the claim was a correct claim and authorized payment to Mr. Rhinehart for the guitar. �,,.,, �_t, REGULAR MEETING OF OCTOBER 24, 1977 PAGE 4 Mr. Kigin stated upon receiving correspondence from James Hill regarding this matter, the City Attorney advised Counc�l not to reimburse Mr. Rhinehart for the guitar Mr. Kigin stated he has contacted the City Attorney and Mr. Herrick advised him he stood by his advice to the Council. He stated he contacted the City Manager, P1r. Qureshi, and indicated he would again like to appear before the Council before he went to court. He felt this was a small matter and should be settled by the Council rather than in court. ' Mr. Kigin stated there was reference made whether Mr. Rhinehart was the legal owner of the guitar. He stated, unless it can 6e shown he is not the true owner, he has rights as being the owner. He stated the fellow Mr. Rhinehart was with when he was picked up by the Pol�ce �epartment stated the guitar was Mr. Rhinehart's when asked about it. He further stated two persons acquainted with Mr. Rhinehart have told him Mr. Rhinehart had been in possession of the guitar for over six months. Mr. Kigin pointed out the 90 day period when the Police Department came into possession of the guitar and when it can legally be sold shouldn't start at least until Mr. Rhinehart's release from jail or custody. He indicated, even if the Police �epartment had been within its rights to sell the guitar within the 90 day period, Minnesota law states that in order to confiscate or sell someone's property, you have to go through due processes. Mr. Kigin stated Mr. Rhinehart, therefore, should have been told his gu�tar was going to be sold. He pointed out no attempt was made to notify him or his mother that the guitar would be sold. Mr. Kigin stated subsequent to a phone conversation regarding the value of the guitar, he has received a letter from a retailer who sold this brand and wishes to renew his clatm, on behalf of Mr. Rhinehart, for $189.50 for the value of the guitar. Mr. Herrick, City Attorney, felt the proper place to determine these questions would be in conciliation court. Mr. Herrtck stated he told Mr. Ktgin he has the right to � appear before the Council, but thought the better place for these determinations to be made would be before a �udge in conciliation court. He felt there were a number of problems regarding the question of the value of the guitar and the question of ownership, as he has seen no evidence to show where Mr Rhinehart purchased the guitar. He stated, from a strictly economic standpoint, the Council can make a determ�nation whether or not to pay the claim. However, he felt as a matter of policy, he did not feel it would be the proper way to determ�ne questions of this nature. Mr. Herrtck asked Mr. Kigin if he knew when and where Mr. Rhinehart acquired the guitar. Mr Kigin stated he did not know, but stated he was told it was acquired from a private party and the guitar was �n new condition when P1r. Rhinehart purchased it. Councilman Schneider questioned why there was not an attempt made to contact someone before the guitar was sold. Mr. Qureshi, City Manager, stated from information supplted to staff, the guitar was never seen in Mr. Rhinehart's possession and it was the presumption it was stolen. MOTION 6y Councilman Hamernik not to take any action on this request. Seconded by Councilman Schneider lJpon a voice vote, all vottng aye, Mayor Nee declared the motion carried unam mously. CONSI�ERATION OF CONTRACT APPROVAL FOR 1978 SECTION 8 PROGRAM: Mr. Sobiech, Public Works �irector, reviewed the changes �n this contract. He also ' pointed out the term for the agreement is for a five year period, however, the contract can be cancelled by either the City or Metropolitan Council wtth proper notificat�on. Mr. Sobiech stated the City presently has 41 units under coniract as of October 1, 1977 and seven more persons certified that are eligible, but not as yet found a unit. He stated, since the start of the program, approximately 150 applications have been taken. Subsidies have been provtded in the area of $74,000 or averaging about $150 per untt. Councilman Hamern�k questioned the costs for appltcation processing and reimbursement to the Ci ty Mr. Sobiech stated the $3,580 is related to the application processing for which the City is reimbursed and this will cover all the costs Councilman Fitzpatrick questioned what efforts are be�ng made to make units available REG�LAR MEETING OF OCTOBER 24, 1977 since there is a waiting list. PAGE 5 Mr. Sobiech stated multiple dwellinq owners are being contacted and advised of the program. MOTIDN by Counctlwoman Kukowski to approve the contract. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried 'unanimausly. RESOLUTION N0. 115-1977 - APPROVING AND AUTHORIZING SIGNING THE AGREEMENT ESTABLISHING MOTION by Councilman Hamernik to adopt Resolution No. 115-1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 116-1977 - AMENDING RESOLUTION N0. 1-1977, A RESOLUTION DESIGNATING AUTHORIZED SIGNATURES FOR THE CITY OF FRIDLEY AN� DESIGNATING OFFICIAL DEPOSITORIES. Mr. Brunsell, City Clerk, stated this resolution would give the City an additional option to purchase government securities through a brokerage firm. Mayor Nee questioned the advantages of working through a brokerage firm instead of a bank. Mr. Brunsell stated brokerage firms will contact the City regarding government issues and the banks do not. Councilman Schneider questioned the commission charges. Mr. Brunsell stated the City will pay the face value on a new issue. It was the fee1ing of the Council that perhaps no particular brokerage firm should be specifically named in the resolution. � MOTION by Councilman Hamernik to adopt Resolution NO 116-1977 and amending the last paragraph of the resolution to read: "That any brokerage firm may be used... Statutes." Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. RESOLUTION N0. 117-1977 - ORDERING PRELIMINARY PLANS. SPECIFICATIONS AND ESTIMATES Mr Sobiech, Public Works Director, stated this covers street improvements from I-694 to 61st Avenue. MOTION by Councilman Fitzpatrick to adopt Resolution No. 117-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. RESDLUTION N0. 118-1977 - RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING MOTION by Councilman Schneider to adopt Resolution No. 118-1977. Seconded by Counc�l- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. CLAIMS: ' MDTION by Councilwoman Kukowski to authorize payment of Claims No. 271F22 through 292897. Seconded by Counctlman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Hamernik to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motzon carried unanlmously. REGULAR MEETING OF OCTOBER 24, 1977 ESTIMATES: E. A Hickok and Associates, Inc. 545 Indian Mound Wayzata, MN 55391 PARTIAL Estimate #5, Moore Lake Evaluation and Restorat�on Pro�ect Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building Minneapolis, MN 55402 For Legal Services Rendered as Prosecutor during September, 1977 by Carl J. Newquist Weaver, Talle & Herr�ck 316 East Main Street Anoka, MN 55303 For Legal Services Rendered as City Attorney during September, 1977 by Virgil C. Herrick PAGE 6 $ 652.09 $2,130.00 $1,770.OD MOTION 6y Councilman Hamernik to approve the estimates as submitted. 5econded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. SETTING HOLIDAY AND CITY COUNCIL MEETING SCHEDULE FOR 1978� MOTION by Councilman Schneider to accept the proposal from the City staff regarding the holiday schedule Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. MOTION by Councilman Hamernik to accept the proposed City Council meeting schedule. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, ��ayor Nee declared the motion carried unanimously. RECEIVING PETITION N0. 16-1977 FROM RESIDENTS ON MELO�Y DRI�E REGARDING INSTALLATION 0 A STREET LIGHT: Councilman Hamernik stated this petition has been forwarded to the City staff. He stated all requirements have been met regarding the need for a street light and plans are being pi°epared to have the light installed. MOTION by Councilwoman Kukowski to receive Petition No. 16-1977. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Playor Nee declared the motion carried unammously. ISLANDS OF PEACE: The City Manager, Mr. Qureshi, ques�ioned the approach the City should take regarding the grant for the Islands of Peace. It was the general feeling of the Council that staff should submit further information in writing for the Council's consideration. 1 , ADJOURNMENT: ' MOTION 6y Councilman Hamernik to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meet�ng of the Fridley City Council of October 24, 1977 ad,7ourned at R•25 p.m Respectfully submitted, �, � / '��G�_,^-� ' �2..��c�� v`--- Carole Hadd� Secretary to the C�ty Council Approved ��/�/��� William J. Nee Mayor