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03/19/1979 - 00013877'�J THE MINUTES OF THE P,EGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 19, 1979 The Regular T7eeting of the Fridley City Council was called to order by Mayor Nee at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience �n the Pledge of Alleg�ance to the Flag. RQLL CALL: MEMBERS PRESENT: Councilman Fitzpatr�ck, Councilwoman Moses, Mayor Nee, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None PRESENTATION OF PLAQUE - FRIDLEY HIGH SCHOOL STATE WRESTLING CHAMPIONS: Mayor Nee stated lt was a pleasure to give recognition to the Fridley Tiger Wrestling Team of 1979 who brought honor to the community by winning the Class AA Champ�onship. In the absence of the Head Coach, Mr. Frank, who was unable to attend this evening, as he was involved in the grade school wrestling program, Mayor Nee presented the plaque to Mr. Walt Wenholz and the Frtdley Wrestling Captain, Steve Phillips. PR�CLAMATION - LEAGUE OF WOMEN UQTERS WEEK, MARCH 25 THRQUGN MARCH 31. MOTION by Councilman Fitzpatrtck to waive the reading and approve the issuance of the proclamation proclaiming the week of March 25 through March 31 as the League of Women voters Week. Seconded by Councilman � Schneider. Upon a voice vote, all vottng aye, P1ayor Nee declared the motion carried unanimously. APPROVAL OF MINUTES: � REGULAR MEETING. FEBRUARY 26, 1979: MDTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Schne�der Upon a �oice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MQTIQN by Councilman Fitzpatrick to adopt by Councilwoman Mosea. Upon a voice vote, clared the motion carried unanimously. OPEN FORUf4, VISITORS: the agenda as submitted. Seconded all vot�ng aye, Mayor Nee de- There was no response from the audience under this item of business. PUBLIC HEARINGS: PUBLIC HEARING ON AN ON-SALE NON-INTOXICATING MALT LIQUOR L iNVFSTMENT. INC_ DAVI� E. AND LAVERN J. FICEK FOR THE PRO MOTION by Councilwoman P1oses to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schnetder Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:39 p.m. Mr. Qureshi, City Manager, stated the staff has no problems with the issu- ance of this license and recommends approval. Councilman Schneider questioned if this was for both an on-sale and off- sale 1icense, as listed in the Police Department's report. REGULAR MEETING DF MARCH 19, 1979 PAGE 2 Mr. Brunsell, City Clerk, stated it is for an on-sale license only and would be a transfer of the license. No persons in the audience spoke for or against thts license appl�cation. MOTION by Counctlman Barnette to close the pu6lic hearing. Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the mot�on carr�ed unan�mously and the public hearing closed at 7:41 p.m. PUBLIC HEARING ON AN ON-SALE NON-INTOXICATING MALT LI LICENSE TO RONNIE''S MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:41 p.m. Mr. Brunsell, City Clerk, stated this is for the transfer of an on-sale malt liquor license. No persons in the audience spoke for or against this license application. MOTION by Councilman Barentte to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously and the public hearing closed at 7•43 p.m. OLD BUSINESS: CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS (TABLEC AND RECEIVING MEMOftANDUf4 FROM THE CITY ATTORNEY, VIRGIL HERRI 79 DATED MARCH MOTION by Councilman Schne�der to receive the memo from the City Attorney dated March 7, 1979 regarding the recent appointment to the Police Civil Service Commission. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated, in light of the memo, it would be in order to move for reconsideration of the appointment to this Commission. MOTION by Counc�lman Schneider to recons�der the appointment to the Police Civil Service Commission. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. Counc�lwoman Moses felt, because the Council �ust received the information from the City Attorney this past weekend, that the appointment to the Police Commission should be tabled to the next regu7ar meeting. MOTION by Counc�lwoman Moses to table the appointment to the Police Commission until the next regular meeting. Seconded by Councilman Fitz- patrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to table the appointments to the Human Resources Commission until the next regular meeting. Seconded by Counc�l- man Schneider. Upon a voice vote, all vot7ng aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• RECEIVIN6 THE PLANNING COMMISSION f4INUTES DF FEBRUARY 28, 1979 � 1 � � REGULAR MEETING OF MARCH 19, 1979 PAGE 3 OF FEBRUARY 13, 1979: BIKEWAY � nn�n nrnnnn�r nnnn_ The Council received the minutes of the Planntng Commission of February 28, 1979 and considered the recorrmendation of the Community Development Commission to continue the bikeway system on Mississippi Street, with off-street biking and an alternate bikeway route for Osborne Road to use 73rd Avenue Mr. Sobiech, Publtc Works Director, stated this item relates to the problem of striping on Mississippi 5treet and Osborne Road He stated Mississippi � has already been striped for a four-lane system and, therefore, a conflict developed with the previously existing striped bike lanes. Mr. Sobiech stated the Co�rnnunity Development Comnission has recommended that Mississippi remain as a bikeway/walkway system, as it was noted that this street ts the main east/west route in the community. It was felt, whether or not it is designated as a bike route, it would still be used by bicyclists. Mr. Sobiech stated, therefore, this route should be made as safe as possible and recommended proceeding with the handicapped ramps and ma�king use of additional boulevard area for the bikeway/walkway system. Mr. Sobiech stated a different sttuat�on exists on Osborne Road. He stated there are no sidewalks on the north side and the City would have to work with Spring Lake Park regarding a bikeway on the north side of Osborne Road. He poin±ed out that there is a"St. Paul Water Easement" on the north side of Os6orne which may be a possibility for having a bikeway �n this area. Mr. So6iech stated the County �s considering, in the future, the improvement of Osborne Road and felt the bikeway/walkway system should be considered at this time. He stated, in the interim period, it was suggested that bicyclists be directed down 73rd Avenue, as it is wider and doesn't have as much traffic as Osborne Road. Mr. Sobiech stated there are monies budgeted for contractual services , in the street maintenance budget and felt the City should proceed with the handicapped ramps to be constructed on P4ississippi, and then review what monies would be available for widening the sidewalk area on Mississippi. Councilman Schneider questioned the cost involved. Mr. Sobiech stated it would be approximately $10,000 for the handicapped ramps. Mr. So6tech stated, if Council approves, work would 6egin on the ramps, as soon as weather permits. Mr. Sobiech stated, he felt, there was a 9reater conflict between the vehicular traffic and the bicyclists than there would be 6etween the bi- cyclist and pedestrian, and the City should try and make it as safe as possible for use both by 6icyclists and pedestrians. MOTION by Councilman Barnette to concur with the recorrmendation of the Community Development Commission to continue the bikeway system on Mississippi Street, with off-street biking, and an alternate bikeway route for Osborne Road would be the use of 73rd Avenue. Seconded by Councilman Fitzpatrick. Councilman Schneider stated he would agree that P�ississippi has to be part of the bikeway/walkway system, but his concern was about the safety. He stated he couldn't believe the State regulations are so rigid that they � can't be changed. Mr. Sobiech stated that the staff would give periodic reports and mo m tor this situation so that they don't get into a dangerous situation Councilman Fitzpatrick stated he shared Councilman Schneider's concern, 6ut did feel there was less confl�ct between the bicyclist and the pedes- trian on the sidewalk than for the bicyclists and vehicles on the street. , „, � REGULAR MEETING OF M11RCH 19, 1979 PAGE 4 He stated, at this point, there are relatively few pedestrians, however, if the situation changes, he felt tf�ey would have to have another alternative. Mr. qureshi, City Manager, po�nted out the Council has the option to acquire additional right-of-way. Mayor Nee asked, if the City marks P1ississippi for bike traffic, if they had a higher lia6�lity. Mr. Sob�ech indicated there was nothing �n the State statute that prohibits b�kes from go�ng on the sidewalk and stated the City would only be signing to alert people that this is a bike route. The City Attorney stated as long as it is just providing access on the sidewalk, it wouldn't increase the City's liabil�ty. UPDN A VDICE VOTE TAKEN ON THE ABOVE P10TION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Sobiech, Publ�c 4Jorks Director, stated the City has been working with the Metropolitan Waste Control Comm�ssion regarding use of their existing sanitary sewer interceptor easement for construction of Ashton Avenue from 64th Way to 61st 6Jay. He stated he felt this area was really un- useable for other types of activities and the Metropolitan Waste Control Commission �ndicated there would be no problem, if certain precautions are followed. Mr. Sobiech stated this agreement reflects their concerns and that these �tems have been incorporated into the street improvement specifications to ensure that the City's contractor is aware of the re- quirements to pratect the interceptor l�ne during construction. Mr. Sobiech stated the agreement has been reviewed by the City Attorney and he could see no pro6lems with it. MOTION by Councilman Fitzpatrick to authorize the execution of the agree= ment between the Metropolitan Waste Control Commission and the City for the construction of Ashton Avenue (ST. 1979-1). Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. RESOLUTION N0. 42-1979 AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PARCEL 500, PART OF LOTS 2 AND 3, AUDITDR'S SUBDTVISION N0. 89, AND PLATTING INTO TR1-CO ADDITION: MOTION by Councilman Schneider to adopt Resolution No. 42-1979. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING REPORT FRQM STAFF ON THE COPJCEPTS OF SELF-INSURANCE: AND RESOLUTION N0. 43-1979 IN SUPPORT OF MUNICIPAL SELF-INSURANCE OPd A POOLING BASIS: MOTION by Councilman Fitzpatrick to receive the report from staff regarding the concept of self-insurance. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unani- mously. Mr. Brunsell, Ctty Clerk, stated, at some point of time, the Council should spend time reviewing this report, 6ut the question this evening was the matter of the resolution. He stated the resolution before the Council for cons�derat�on is for support of two bills regarding self-insurance. He stated the proposed bills before the Leg�slature would allow the City to self-insure ind�vidually or as a qroup. � � � , �i , REGULAR MEETiNG DF MARCH 19, 1979 PAGE 5 Mr. Brunsell stated, if Council adopts thts resolution, it would, in no way, bind them to go to self-insurance. In answer to a question by Councilman Schneider regarding claims, Mr. Brunsell stated the City would not self-insure on liab�lity because of the defense cost. Counc�lwoman Moses questioned, if the Legislature acts favora6ly on these bills, and the City wishes to get further into this matter, if they would review past claims. Mr. Brunsell stated this information would he prepared for the Council's review. Mr. Qureshi, City Manager, stated, if author�ty to self-insure, they should luiion in support of these bills, the Council feels they would like the consider action to adopt the reso- Mayor Nee noted that the Senate File numbers of the bills were not included in the resolution and thou9ht perhaps this should be included. MOTIDN by Councilman Fitzpatrick to adopt Resolution No. 43-1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. MOTIOfJ by Councilman Schneider to adopt Resolution No. 44-1979, and authorize the Mayor and Ctty Manager to sign the contract. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. RECEIVING RESIGNATION FROM MARY JO �OBSON, HUMAN RESOURCES COMMISSION: MOTION by Councilman Schneider to receive the resignation of Mary �o Dobson from the Human Resources Commission. Seconded by Counc�lwoman Moses. Upon a voice vote, 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 Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Barnette to authorize payment of Claims No. 060316 through 072506. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMA7ES: MOTION by Councilman Barnette to approve the estimates as su6mitted. Weaver, Talle & Herrick 6279 University Avenue N.E. Fridley, MN 55432 For services rendered as City Attorney for February, 1979 Smith, Juster, Feikema, Malmon & Haskvitz 1250 Bu�lders Exchange Bldg. Mtnneapolis, MN 554�2 For services rendered as Prosecutor for February, 1979 $1,857.95 $1,540.00 �r REGULAR PflEETING OF MARCH T9, 1979 PAGE 6 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Fitzpatrick to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Playor Nee de- clared the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 19, 1979 adjourned at 8.25 p.m. Resp/ectfully submitted, •C�%�, L� ���,G,t,r�L Carole Haddad Secy. to the C�ty Counc�l Approved: V � �""�"" -�' Willia�J Mayor �` Nee � I I � ' �