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12/03/1979 - 00013653� � � TNE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 3, 1979 The Regular Meeting of the Fridley City Council was called to order at 7:42 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 Councilman Barnette, Councilman Schneider, Mayor Nee, Councilwoman Moses and Councilman Fitzpatrick None PRESENTATION OF AWARD - SCHOOL DISTRICT �13 FOOTBALL CHAMPIONS Mayor Nee stated the football team of Columbia Heights brought great honor to themselves and the School Distr�ct and, tn some degree, to the c�tizens of Fridley that are involved in District �13 affatrs, by winning the Class AA State Football Championship. A certiftcate of appreciation, which was read by Playor Nee, along with a large framed picture of the football team, was presented to the Columbia Heights representatives, Mr. Coverston, Principal, Mr. Raveling, Football Coach, and the three team captains, Dennis Smith, John Alt and �eff Entner Mayor Nee stated that Coach Raveling was elected as the outstanding coach of the year in Minnesota. Both Mr. Cover_ston and Mr. Raveling extended their thanks and appreciation to the Council. APPROUAL OF P1INUTES: PUBLIC HEARING MEETING, NOVEMBER 19, 1979� MOTION by Councilwoman Moses to approve the minutes of Plovember 19, 1979, as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION hy Counctlwoman Moses to adopt the agenda as submitted Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, UISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS D TO ANY UNDER THE MUNICI RI MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the publ�c hearing. Seconded by Counctlwoman Moses. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:48 p.m �'% �� ��� REGULAR MEETING OF DECEMBER 3, 1979 P,4C,E 2 Mr Brunsell, City Clerk, stated this is a public hear�ng on the City authorizing $700,DD0 in industr�al revenue bonds for the Simer Pump Company for expansion of their facilit�es in Fr�dley. He stated the f�nanctal condition of the company has been checked and it was found to be satisfactory and that the City Attorney is worktng with their attorney in this matter. Mr. �erry Simer, representing Simer Pump Company, stated thetr company has been located in Fridiey since 1971 and that they have outgrown their present facilities and wish to expand. Mr. S�mer stated that Simer Pump Company is a local company founded in 1944, when they developed a nemf pump that was popular for agriculture in the 1940's He stated his father took over the company in 1959 and their location was in North Minneapolis until iheir move to Fridley in 1971. He stated, by this time, they had succeeded in the market by selling pumps to consumers to get rid of water problems. He stated a submersible pump was developed at that time that would pump water off a flat floor. Mr. Simer indicated the company has grown dramatically since 1971 at which time sales were $1,D00,000. He stated sales for 1979 were $9,000,000 and they are pro,7ecting sales between $11-�13,000,000 for 19II0. Mr. Simer stated Sears is their ma,7or customer and represents about 15% of their business. He explained they have won the Sears excellent award as a supplier for several years in a row. P4r Simer stated they operate two shifts and a lot of their employees live in Fr�dley They presently employ 135 persons and have about 20 ,7ob open- ings. He stated they also have 7 persons working in the warehouse and this will increase to 12 in the�r busy season in the spring. P1r. Simer stated they expect to employ about 160 persons by next February and to have about 250 employees over the next two years. Mr Simer then showed the stte plan for the proposed expansion which would include warehouse facilities and the addition of a truck dock. He pointed out that all the land to the West would be used for parking. Mayor Nee explained the bond issue they are discusstng is provided for under Minnesota statutes and would be tax exempt, whtch is an advantage to the company to secure a mortgage at a lower interest rate. He exolained that the Fridley taxpayer is not liable for repayment of the bond. He stated the name of the C�ty is on the bond in order to make it tax exempt, but the Ctty is insulated, by law, from any hazard for repayment of the bond He stated there is no risk to the City, from the financial point of view, but some benefit to the residents by adding tax base and employment. Mr. Herrick, City Attorney, stated he met with the attorney for Simer Pump and reviewed the documents and has no doubt that what they provide will meet the requirements of the statutes and could see no legal problems with it. No persons in the audience spoke regard�ng the issuance of this industrial development revenue bond. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman P1oses. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8.02 p.m. OLD BUSINESS APPOINTPIENT TO HUMAN RESOURCES COMMISSION (TABLED 11/5/79) MOTION by Councilwoman Moses to table this item to December 17, 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 , 1 i �;; � � REGULAR MEETING OF DECEMBER 3, 1979 NEW BUSINESS: CONSI�ERATION OF FINAL PLAT, P S. �r79-02, IN BY DARREL A. FARR DEVELOPMENT CORFpp„qTION: PAGE 3 CK VILLAGES 3RD ADDITION MOTION by Councilman Schneider to approve the Final Plat, P.S. #79-02, Innsbruck Villages 3rd Addition Seconded by Councilman Fitzpatrick Upon a voice vote, all +rcting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF "NO PARKING" SIGNS FOR McKINLEY STREET, FROM MISSISSIPPI STREET TO 66-1/2 AVENUE: Counctlman Schneider stated the Council heard opinions expressed by the residents at the last meeting and stated there are qu�te mixed opim ons as to whether or not parking should or should not be allowed. He stated he had discussed this matter further with residents and there really was no consensus, even in the same households, whether "no parking" signs should be installed. He stated, at th�s point, he would recommend it not be posted, but to alert the Publtc Works Department regarding the snow plowing to make access easter. MOTION by Councilman Schneider to take no action at this time regarding "No Parking" signs for McKinley street and direc� the staff to alert the Public Works Department regarding the snow plowing of this street. Seconded by Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. RECEIIlING PLANNING COMMISSION MINUTES OF NOVEMBER 7, 1979 CONSIDERATION OF PROPOSED PRELIMINARY PLAT, PS #79-D3, BLOMBERG ESTATES, BY KARLA BLOMBERG MOTION by Counctlman Schneider to set the public hearing for January 14, 1980. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously FUNDI�IG REQUESTS FROM SERVICE ORGANIZATIONS (RECEIVING Mayor Nee stated the Council had requested the Human Resources Commission to evaluaie the various requests the City has rece�ved for funding. He stated the Human Resources Commission has done this evaluation and pro- cessed it through the Planning Commission, which is now before the Council this evening. Mayor Nee stated the KKKK group has asked for an opportunity to speak to the Counc�l this evening regarding thelr Qrogram and servlces. P1rs. Muriel Sharpe, representing Koping w�th Kids from Kradle to Kindergarten, KKKK, appeared before the Council and presented a slide presentation regard�ng their program and showing their facilities Mrs. 5harpe stated Koping Un th Kids began approximately 2-1/2 years ago when Don Larson retired from the School �istrict. She stated the purpose was to help parents with the im- portant ,706 of parenting. She stiated all of their activities have been centered �n the Community Education Building and they are open Plonday through Friday from 9 to 11 a.m. Mrs. Sharpe stated parents are not only required to remain at the center w�th � their children, but encouraged to participate in pro,7ects with the ch�ldren She stated, with the location of the sentor citizen high rise close to their facility, these people are using the center to come with their grandchildren. Mrs. Sharpe stated many parents use the center in order to provide a central meeting place where their children will find playmates and can learn and inter- act with others and, by using the center, parents do set aside a certain time in the day to do things with their children. �,�� REGULAR MEETING OF DECEMBER 3, 1979 PAGE 4 Mrs. Sharpe stated every Tuesday morning they have crafts and the staff is there as resource people and the parents are encouraged to work with their child on the pro,7ect Mrs. Sharpe stated they presently have enrolled 80 Fridley fam�lies and about 87-100 pre-schoolers use the center in an average week. Mrs. Barb St�llson, representing ICKKIC, stated, last year when the center was closed, evaluation forms were sent out and the response from th�s was taken into account �n scheduling their program for this year. ' Mrs. Stillson stated some equipment they felt was needed has been pur- chased and evening meetings were set up and speakers obtained on topics the parents had suggested. Mrs. Stillson stated their present funding is through Commum iy Education and a grant obtained from the Anoka County Child Care Association. She stated this grant expires at the end of December and felt there was no chance of getting another grant from them. Mrs. Stillson stated business and civic organizations have been approached requesting support and they have been more than generous, but they can't expect them to run an entire prooram.She stated they are presently look�ng into another grant, but this wouldn't be available until 1981, and didn't know if they would qualify since they don't actually teach or provide day care at the center. Mrs. Sti77son stated, in talk�ng to the State Representative, there didn't seem to be any funds available for this type of program, and this is the reason they are coming to the Council. Mrs. Stillson stated she felt they are a very good support group for the parents of pre-schoolers and the reason for their low budget is that they have much volunteer help She stated the budget given to the Human Resources , Commission was ,7ust a breakdown of the funding they need tn order to keep the program mov�ng and a more detatled budget of their expenditures is in- cluded in the Council's material. She stated they would be a61e to con- tinue the year, with the monies from memberships and donat�ons, but do need funding to continue next year She stated the membership fee is $10 per year per family. Councilwoman Moses stated she vis�ted the center and is convinced it is a very worthwhile program. She stated, from infor- mation that was given her, there are other programs around the area where they are working wtth $50,000-$90,000 budgets. She stated KKKK is asking for $3,100 which will ,7ust maintain the program on the same level as �t �s now, however, members are asking for additional hours on Saturdays and in the afternoon. Mayor Nee questioned how much is contributed by the Community Schools. Mrs. Alltson stated right now it is �3,600, however, part of it is the grant monies. Counctlman Schneider stated he dtdn't have an opportunity to visit the center, but the center was mentioned to htm 6y several families and, ap- parently, there are families that want the program. Counc�lman Schneider asked if they coordinate this program with other School Districts in Fridley Mrs Sharpe stated their mailing list is given to them by School District ' #14, however, they receive referrals from the ent�re Anoka County area, and do have parents that come in from D�strict ,�`r13 who live in Fridley She stated they would certainly be willing to talk to persons in the other school districts in Fridley. �il REGULAR MEETING �F DECEMBER 3, 1979 PAGE 5 Counctlwoman Moses pointed out that, last year, they raised about $1,500 and asked if these orga m zations were again approached for donations. Mrs. Allison stated they have �ust ftnished making these contacts. Mrs. Sharpe felt the cha�ces of raising $1,500 this year would be ex- tremely hard. She stated she has been told that day care centers would be given pr�ortty for grants and companies have indtcated their priortty � would also be day care centers because they employ the parents. She stated civic organizations didn't feel they could give as much as they did last year. Mrs. Sharpe stated they do receive support, however, from the PTO's in the schoois. Mayor Nee stated the recommendation from the Human Resources Commission was for $1,500 and asked if that would be a useful amount. Mrs. Sharpe stated it would be useful to the extent that it would allow them to con- tinue the program as they have been, 6ut would not allow any additional services. Mr. Boardman, City Planner, stated that the Plamm �g Commission, at their meeting on November 28, 1979, did recommend that the fund�ng be limited to $1,000 and that be given only as a matching amount of money He stated that match would not include any monies raised through memberships. Mr. Boardman stated the primary reason for reducing the amount was that it was felt the KKKK did not research, in full, the steps they could take to get other fund�ng Councilman Schne�der stated, in looking through the list of those recom- mended for funding, all are with�n the �1,000-$1,500 range, with the ex- ception of the Central Center for Family Resources. , Ms. Barbara Hughes, Planning Commission Member, stated the Planning Commission had a great deal of information from the Central Center Pro�ect She stated they had presentations from the other groups, but did not from the KKKK and also didn't have total budgets for this particular program. She stated they have a very different presentation here this eve m ng from what the Commission heard, but was not sure that KKKK has exhausted all means to raise funds. She stated one of the reasons the amount was re- duced from $1,500 to �1,000 is so that it would 6e more �n line with the other organizations, with the exception of the Central Center program, which had a fantastic and extremely professional program that is helping a great number of people. Councilwoman Moses pointed out that Central Center is a professional pro- gram, but that this group, KKKK, has a lot of volunteers and they do have professional speakers coming in to speak on various topics Ms. Hughes stated she felt there was no consistent criteria for these pro- grams and so the recommendations coming from the Commission are on presen- tations and "off-the-top-of-your head" judgement as to how they feel. She stated she felt human resources were very important and that is one of the reasons they are suggesting the City fund them. She stated she hoped that between now and next July 1, when these requests for funding are to be sub- mitted, there w�ll be a more reasoned way to allocate these monies Councilwoman Moses stated, hopefully, next year there would be 6etter � crtterta to evaluate these programs, but the problem here is that funds are only needed for one year and the source they are looking at for funding will come for the following year and thereafter She stated she didn't want the program to fail in the interim 6y waiting for a grant Mrs. Hughes stated she felt the entire problem with the School District regarding community educatton hasn't really been resolved. .� , L G REGULAR MEETING OF DECEMBER 3, 1979 PAGE 6 Mrs. Sharpe stated the reason a presentation wasn't made to the Human Resources Commission was because they were aware that possibly mo m es would be avai7ab7e only two hours before the meeting. She stated a spec�al meeting was held by the Commission to hear their presentation. She stated they were no� told this item would go before the Plam m �g Commission and, therefore, were not at their meeting to clear up any misconcept�ons. Mrs. Sha�rpe stated they have been working very hard since early last spring, in con�unction with the Frtdley �aycee's, to sponsor a boutique on December 7 and 8. She stated the parents are �oining in to make items for the boutique. Mayor Nee stated, if the City does approve funding for the KKKK, every member of the Council has constituents that are not in School District M14 and possibly some effort should be made to reach the others in the C�ty that are not in District ',�,14. Mrs. Sharpe stated a great deal of time was spent this last year getting the program started and, hopefully, they can keep the program going and reach out to others. Mr. Qureshi, City Manager, felt, when the City starts getting these type of requests for fund�ng, the first questton is shauld the City be getting involved. If the Council decided they are going to proceed with funding, it would have to come from the Contingency Fund. Mr. Qoardman, City Planner, stated when the Plamm �g Commission reviewed this matter, they recommended a policy for reviewing any other requests that are received. He stated they are looking at a cut-off date of July 1, 1980 for receiving requests for funding for the next year's budget He stated this wouTd then give six months for review and for the Human Resources Commission to set up their prior�ties. Councilwoman Moses asked what would be a real�stic figure regarding the money they hoped to raise for next year. Mrs. Sharpe stated they have one grant pending from a Fridley corporation which they are hopeful of receiving and it was hoped they could raise somewhere between $500-$1,OD0. She stated, however, they didn't know what reactton they would be rece�ving from civic orgam zations this year and pointed out that last year $1,500 was raised by contributions from civic organizations and private compa m es. Mr. Pat McFarland, Executive Director of the Anoka County Community Action Agency, appeared before the Council regarding the Sem or Citizens Outreach Program He stated the program has been in existence for three years and started with a Federal grant from the Metropolitan Council and they are asking the City for short-term funding for the program unt�l they can develop some long-range strategies. He stated the same thing was done with the well senior citizens cTintc and that program is now seTf-susta�ning. MOTION 6y Councilman Schneider to direct the City Manager to prepare a resolution to provide funding for the following programs: 1. Central Center for Family Resources $5,000 2. Anoka County Senior Citizens Outreach Program �1,000 3. SACA $1,OD0 4. KKKK $2,500 Seconded by Councilwoman Moses. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unam mously. , r ' 1 L ' �> REGULAR MEETING OF DECEMBER 3, 1979 PAGE 7 ITEM FROM APPEALS COMMISSION MINUTES OF NOI/EMBER 13, 1979: VARIANCE FOOTAGE OF FREE STANDING SIGN The petittoner, Mr. Peugh, was not present regard�ng th�s variance request MOTION by Councilwoman Moses to concur with the recommendation of the Appeals Commission and deny the request by Mr. Peugh for a variance to � �ncrease the square footage of a free standing sign. Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. MOTION by Councilman Barnette to receive the m�nutes of the Plamm �g Commission of November 7, 1979. Seconded by Councilman Schneider, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried un- animously. RECEIVING CATV COMMISSION MINUTES OF OCTOBER 24, 1979: CONSTDERATIOP! OF CATV PROPOSED ORDINANCE AMENDMENTS: Mr. Ed Kaspszak, Chairman of the Cable Television Commission, stated he felt the amendments were self-explanatory. He stated the Cable Televis�on Company requested an increase in the installation fee and the minutes re- f1ect the discussion and �t was approved. Mr. Kaspszak stated an amendment was added regarding the installation fee for se m or citizens and that the maximum be $7.50. He stated they felt the $25.00 might be excesstve for senior citizens. Mr. Kaspszak asked that the by-laws of the Commission be changed, primarily to reflect the tenure of Commission mem6ers. Mr. John Eddy, representing Northern Cablevision, stated they, basically, have no problem with the reduction in the installation rate for se m or citizens. He felt, however, if this does become a reality, they would ' like for the Council to extend to them the same courtesy they did �n the rate for se m or citizens for basic service He stated he would like the requirement for proof of age to be attached to this amendment so they can monitor more carefully who is receiving the senior citizens rate. Councilwoman P4oses questioned if it would 6e within the law to have such a requirement. Mr. Herrick, City Attorney, stated he would have no problem if they advise the ind�vidual that there �s a lower rate for persons over 65 and, if the individual attempts to claim that rate, thinks it is reasonable to ask them to show some proof of age. MOTION by Councilman F�tzpatrick to set the public hearing for ,)anuary 14, 1980 on the proposed ordinance amendments. Seconded by Councilman Schneider. llpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Barnette commented on some of the posit�ve things Will Loew-6rosser is doing and felt they would really benefit the City. Mr. Eddy stated they have no probleris and a great relationshtp with Mr Loew-Brosser and are happy to have the workshop. ' MOTION by Councilman Schne�der to receive the minutes of �he Cable Televtsion Commtssion Meeting of October 24, 1979. Seconded 6y Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �i �Y REGULAR MEETING OF DECEMBER 3, 1979 PAGE 8 CONSIDERATION OF AWARDING INSURANCE BID FOR 1980 P1r. Brunsell, City Clerk, stated the bids were opened on November 26, 1979 for the City's insurance which included all 6ut workmen's compensation and health insurance Mr. Brunsell stated three bids were received. One was from the Rice Creek Agency in the amount of $1D8,664; one from Transcontinental Brokers in the amount of $104, 542, and the other from Transcont�nental Brokers in the amount of $91,497. He stated an option was requested on the higher umbrella � coverage and this additional coverage would cost an additional $6,240 for $2,000,000 in coverage under the Transcontinental Brokers bid and an ad- ditional $5,000 under the Rice Creek Agency 6id Mr. 6runsell stated it is his recommendation they not take this option for additional umbrella coverage. He stated they are satisfied with the overall bid in comparison with the bid for 1979, in that it is actua7ly lower. He stated one of the reasons for this was they have increased the deductibles, particuiarly in the auto coverage. Mr, arunsell stated a question was raised by the Rice Creek Agency regarding the placing of two lines of insurance, the umbrella coverage and governmental errors and om�ssions, w�th their agency. He stated, if this was done, thP cost would be �452 lower. He pointed out, however, that Transcontinental is the total low bidder and would assume they would be awarding the bid to one company. Councilman Fitzpatrick questioned if �t was the intent to let the contract as a s�ngle bid, what was the purpose of asking for separate bids. Mr. Brunsell stated it does give them an idea of what the different lines of insurance cost and it is helpful to have this information He stated, if there was a huge amount of difference, he would suggest they spltt the 6id, however, the problem here is that it is a relatively small amount and ' does make a difficult situation. Mayor Nee asked, if taking these portions out, affects their bid in any �way. A representattve of Transcontinental Brokers stated they held their commission way down on the intent they would receive all coverages and commtssions were negotiated on thai basis. Mr. Jim Black of the Rice Creek Agency, stated that no one insurance company would write the whole package of general liability and it has to be parcelled out. He stated he didn't know how the City is 6e7ng advised on their �nsurance purchases, but was somewhat surpr�sed that the City only carries a$1,OOD,000 umbrella. He felt that was inadequate and, in looking over the insurance specifications, he saw many areas where the City is in- sur�ng first dollar �tems that can be very expensive. He fe7t this is where the citizens have a potential for a real out-of-the pocket loss. Mr. Black stated he felt a$3,000,000 umbrella would be better for the City. Mr. Brunsell stated the state statutes say that the City's liabil�ty �s much lower, but there is a question if those statutes might be unconsti- tutional. Mr. Herrick, City Attorney, stated he discussed this some time ago with Mr. Qrunsell and �ndicated there is a statuatory limit, but there has been some Supreme Court cases where they have been backing away from government immum ty and indicated he would not be terribly surpr�sed, if there was , some catastrophy where the City is involved, and if the losses greatly exceed the coverage and statuatory limits, that some attorney may try to have that set aside as being d�scriminatory and unfair to the injured parttes. �_ �,� REGULAR MEETING OF DECEMBER 3, 1979 PAGE 9 i�r. David Seppelt, representing Transcontinental Brokers, stated, when they submitted the bid, it was on the basis of writin9 the entire account. He stated the companies they are using in their quotation are the same companies carrying the City's present coverage. He felt they could give the City the best service by writing the ent�re coverage. The Council raised the question if the full contract was not taken with them, if the price would change. � Mr. Seppelt stated they would live by their btd, but felt they could gtve better service 6y having the total coverage. Mr Qureshi, City Manager, stated if it isn't an economic constderation, he would recommend the coverage be kept with one carrier, but �f they are interested in saving the $452, it could be awarded separately. Mr. Seppelt po�nted out that their btd was $17,000 lower and didn't thtnk it was fair to penalize their agency by awarding part of the 6id to some- one else. Mr. Black stated what they are talking about here is somethtng that can't be written as a package, it has to be written piecemeal He stated he couldn't see any compulsion to deal with one agent and thinks there ls some merit in having another insurance agent look at your insurance pro- grams conttnually. P�r. Seppelt stated the company they are with had the coverage for m ne out of thirteen years and they haven't had any problems and felt this record should speak for itself. Counc�lman Fitzpatrick stated numerous considerations have 6een brought to the Council's attention and felt this item should be brought back at the meeting next week. ' MOTION by Councilman Fitzpatrick to brin9 this item back to the Council at the meettng next week, after further research by staff. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. RECESS: A recess was called by Mayor Nee at 10:02 p m. RECONVENE� The meeting was reconvened at 10.17 p.m. by Mayor Nee All Council members were present. RECEIVING ANIMAL CONTROL BIDS AND AWARDING CONTRACT (BIDS OPENED ON 11/2D/79)� Mr Hill, Public Safety Director, stated the C�ty advertised for bids for animal control services and two bids were received, one from MAPSI and one from Blaine Midway All Pets. Mr. Htll stated the bid from Blaine Mtdway Al1 Pets was $15,692 and the bid from MAPSI was $16,224.20. Mr. Hill called the Counctl's attention to Item 13c, animal destroying. He stated MAPSI pro,7ects a cost of $828 and Blaine Midway All Pets pro,7ects no cost. He stated it is his understanding that MAPSI destroys animals by � the services of a veter�narian which reflects the $6 per animal cost and that Blaine Midway All Pets destroys few animals, but rather sells them to individuals and educational/commercial institutions. Mr. Hill reviewed the items covered in Sgt. Kennedy's report of November 28, 1979. He stated that Dr. LaBlond, Veterinarian, Centennial Cl�nic, stated the method used to dispose of unwanted antmals at Blaine Midway All Pets is by electrocution. %, Y� REGULAR MEETING OF DECEMBER 3, 1979 PAGE 10 Councilwoman Moses questioned if the City has received any complaints regarding MAPSI. Mr. Hill stated a sma11 amount of calls were received regarding their over-aggressiveness or under-aggressiveness, but that was over a period of years and very limited Mr. Greg Wax, owner and operator of Blaine M�dway All Pets, stated he serves all of Anoka County, except Fridley. He stated he patrols soine cities on a daily basis and on an on-call basis in other c�ties. ' Councilwoman Moses stated, based on the satisfactory services provided 6y MAPSI and as it is not clear whether some of the problems Blaine Midway A1T Pets had last year are completely resolved, she moved the following MOTION by Councilwoman Moses to continue the contract th�s year for animal control services with MAPSI based on their past service and be- cause she is not sure if Blaine Midway Al1 Pets has cleared up their problems with kennel cough and distemper, along with taking �nto con- sideration the7r method of destroying unwanted am mals. Seconded by Councilman Fitzpatrick. Mr. Wax stated there are a number of inethods used to destroy unwanted animals which are all licensed under the State. He felt that electro- cution was immediate and the quickest way to stop an animal's life Mr. Wax stated there are no dogs sold, without being examined 6y his veterinarian. He stated, if the veterinarian puts an approval on a dog, then it is vacc�nated and goes to the new owner. Mayor Nee asked about the problem of kennel cough. Mr. Wax stated it is a respiratory thing with sneezing and a sltght cold. He stated that antmals can have this when they are picked up. Mr. 41ax stated the complaints made last year were strictly hearsay. He , stated these persons were called to look at his facilities and their reactions were completely different. Mr. Wax stated he was low bidder for animal control services for the last two years and that he went into th�s business in order to give the northern areas of Anoka County an effictent, economical service. He stated �t is a family business and he is operating at considerably less overhead than his competitors. Mr Larry Smie,7a, represent�ng MAPSI, stated he didn't feel anyone that �sn't a licensed veterinarian should put a dog to sleep. He stated the kennel cou9h and other viruses the animals do obtain can be cut down substantially by the air flow systems he has at his fac�lity, which pump in fresh atr. P1r. Wax stated he has this fresh air system and stated there is no kennel where you can say that kennel cough or distemper hasn't arisen at one time or another. Mayor Nee felt possibly they should visit the Blaine Plidway All Pets facility to see their operation. MOTION by Councilwoman Moses to table this ltem for two weeks or untli December 17, 1979. Seconded by Councilman Fitzpatrick. Upon a voi�e vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' ' � �i � REGULAR f4EETING OF DECEMBER 3, 1979 137-1979 APPROVING AGREEMENT kiITH S' (lM ru LLnT nr cnTL� nvrnn�r. allo CONSIDERATION OF PAGE 11 F EMENT WITH ANOKA COUNTY FOR INSTALLATION OF AND 1lING COMMUNICATION FROM ANOKA CDUNTY REGARDING 25% PARTICIP Councilman Barnette questioned the date of completion. Mr. Qureshi stated plans were drawn by the State and the City will be entering into agreements with the State and County to let the contract and get the signal �nstalled and completed, with the City sharing �n the cost He stated the County is attempting to get 25% funding from the metro trail system, therefore, they are proceeding on that basis. Mr. Quresht, City N�anager, felt, tf the Counctl now takes action to proceed, the signal should be completed by next year. MOTION by Councilman Barnette to adopt Resolution No. 137-1979 Seconded by Counc�lman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to authorize approval of the agreement with the County for installation of a traffic signal on TH 3,'�}7 at 69th Avenue. Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried una m mously. MOTION by Councilwoman Moses to receive the communication from the County regardtng 25% partic�pat�on �n the traffi c s�gnal at TH �47 at 69th Avenue through Metro Regional Trails Fund. Seconded by Councilman 6arnette Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unam mously RES�LUTION N�. 138-1979 GIVING PRELIMINARY APPR�UAL TO AN AGREEMENT �I�I�71[. MOTION by Councilman Fit<patrick to adopt Resolution No. 138-1979 Seconded by Counc�lwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ION N0. 139- FINAL PLANS AN� SPECIFICATIONS ENT PROJECT N0. ST 1980-1, Mr. Qureshi, City Manager, stated there was discussion at the public hearing regarding side yard assessments for persons liv�ng on 69th Avenue and dis- cussion that the two corner lots not be assessed at this time, but would be assessed if the lot is split. He stated, �f th�s ls the desire of the Council, a note of thts would be made in the proposed assessment rolls when they are brought back to the Council after the improvement is completed. Mr. Qureshi stated, at this time, what is before the Council is a resolution �o order the improvemen�. He stated the roadway design would 6e reduced and there would be no curb and gutter and the length of water and sewer lines have been cut back. � Councilman Schne�der asked how these items regarding side yards and the de- ferred assessment on the corner lots would be incorporated when ordering the improvement. Mr. Qureshi stated the improvement can be ordered with instructions to staff that when the assessment is brought to Counc�l, those items be taken into consideration and the assessment roll prepared on that basis. �� REGULAR MEETING OF DECEMBER 3, 1979 PAGE 12 Councilman Schneider stated one other point was the vacation of the westerly portion of a 66 foot right-of-way for street P�r. Qureshi stated staff could be authorized to set up the process for this vacation, with the understanding they will attempt to save the trees and a well house. Mr. Herr�ck, City Attorney, questioned, if construction cou]dn't be worked around the trees and well house, so it wouldn't be necessary to vacate the easement P�r Qureshi stated a portion of the easement is already vacated and Mr Siverts wanted to vacate an add�tional protion. Mr. Qureshi stated he didn't th�nk it would be harmful to the City because a portion is al- ready vacated. MOTION by Councilman Schneider to adopt Resolution No. 139-1979, with the understanding that at the time of assessment (1) There will be no side yard assessments split along 69th Avenue, but those costs will be absorbed by homes on Siverts Lane which are benefitting; (2) The costs for sewer, water and streets on the corner lots of 69th and Siverts Lane be held in abeyance until such time as the iots are split, (3) That staff work with the property owners involved with regard to the exact placement of the road in order to minimize damage to trees and structures; and (4) That the City inttiate a vacatton process for vacation of the westerly 33 feet of the roadway up to a point four feet north of the tree. Seconded by Counc�lman Barnette. Upon a vo�ce vote, all voting aya, Mayor Nee declared the motion carried unam mously. Both Mr. S�verts and Mr Smith expressed their thanks to the Council for all their help. CONSIDERATION OF A RESOLUTION FOR INITI L P10TION by Councilman Fitzpatrick to adopt the Resolution for initial approval of the Comprehensive �evelopment Plan. Seconded by Counc�lwoman Moses. Mr. Herrick, City Attorney, stated he recently attended some sem�nars where the point was made that when a final Comprehens�ve Plan was adopted, it takes precedent over Zoning Codes. He felt this question should be resolved when the plan is before the Council for final approval. Mr Herr�ck pointed out the statements in the plan are general, but if the maps are �ncluded, and if there are specific parcels that are indicated they are going to be used for other than what they are zoned, that �s the area where he had concern He felt, by adopting this plan, the Council would be prohibiting a property owner from developing h�s land at the ore- sent zoning, if the plan showed some other designation. He stated this would happen if the Comprehensive Plan takes precedent over the Zoning Code. He felt there should be some statement in the Comprehensive Plan that for any proposed land use that is inconsistent with the present zon�ng, there would have to be a request for rezoning according to the ordinances. Mr. Herrick felt the point he is making is don't adopt the plan lightly. He stated it is eventually going to be approved by the Metropolitan Council and feels the City is going to find, in order for it to be amended, changes have to be approved by the Metropolttan Counctl and thinks that body is gotng to consider the plan a tool for future development in the metro area. Mr. Herrick stated he has material in his office which he would photo- copy and d�stribute to the Council which m�ght be of help in evaluating the relationsh�p between the existing zoning and the Comprehensive Plan. L__J , � �, � REGULAR MEETING OF DECEMBER 3, 1979 PAGE 13 "' MOTION by Councilman Schnetder to table this resolution for two weeks to the December 17, 1979 meettng. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RESOLUTION N0. 140-1979 APPROVING THE OFFICIAL DRAFT OF THE CRITICAL AREA MOTION by Councilman Fltrpatrick to adopt Resolution No. 140-1979. Seconded by Councilman Schneider. � Mr. Quresht, City Manager, pointed out that there are probably only a few lots in the City that would be affected. Mr. Boardman stated the Minnesota Environmental Quality Board has authority on all regulations that cover the crttical area and variances to these regulations would have to be applied for Mayor Nee questioned if the change was made regarding management of the Islands of Peace. Mr. Boardman stated it would be made before it is sent out UPON A �OICE vOTE TAKEN ON THE A,BOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. STATE NATURAL RESOURCES FUfVD MOTION by Councilwoman Moses to adopt Resolut�on No. 141-1979 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P�1ayor Nee declared the motion carried una m mously. � Dr. Boudreau, Director of Parks and Recreation,stated the plan for this pro,7ect was presented this eve m ng to the Fridley Vouth Sports Association and all the persons in attendance were 100% behind this facility. He stated the Association will be submitting a letter and believed they will � be sending a donation also for this facility. Mr. Qureshi, City Manager, stated there are plans to make a presentation, regarding this pro�ect, to the Chamber of Commerce Board of Directors and the plans will be exposed to v,arious organizations and groups in the City. RESOLUTION NO 142-1979 TO A�vERTISE FOR BIDS FOR CONSTRUCTION OF A NATURE CENTER VISITOR BUILDING: MOTION by Councilman Schneider to adopt Resolution No. 142-1979. Seconded by Councilwoman Moses. Councilman Barnette stated he is still concerned about the whole �dea of the nature center and who is going to pay for it. He stated his concern is, �f the building is constructed and Springbrook Foundation doesn't renew the lease, the City would end up with a building to maintain. He stated, in researching old minutes, he found that the cost for maintenance at Woodlake was about $70,000 per year and with inflation, the cost now would be over $1D0,000 per year. Counctlman Barnette felt there should be some plans beyond February 1, when � the lease comes up for Springbroal; Foundation He stated he would vote in favor of advertising for the 6�ds, 6ut felt in February they should take another look at it. UPON A VOICE UOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. rF l `�` REGULAR MEETING OF DECEMBER 3, 1979 -1979 A�THORIZI PAGE 14 MOTION by Counc�lwoman Moses to adopt Resolution No. 143-1979. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carr�ed unanimously APPOINTMENT: CITY EMPLOYEE: NAME POSITION SALARY EFFECTIVE �ATE REPLACES Richard Larson Deputy Fire Chief $19,626/yr December 18, 1979 Bob Aldrich MOTION by Councilwoman Moses to concur with the appo�ntment made by the C�ty Manager as stated above. Seconded by Councilman Schneider. Upon a voice vote, Councilman Schneider, P1ayor Nee, Councilwoman Moses and Council- man Fitzpatrick voted in favor of the motion. Counctlman Barnette abstatned from voting. P�ayor Nee declared the motion carried_ ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted: E.D.S. Construct�on Company 360 Larpenteur Avenue West St. Paul, MN FINAL Estimate No. 7 for Municipal Garage Add�tion Pro,7ect Dawson Construction Company 1303 South Ferry Street Anoka, MN 55303 FINAL Estimate No. 2 for Water, Sa m tary Sewer and Storm Sewer Improvement Pro�ect 128 Comstock & Davis, Inc. 1446 County Road J Minneapolis, MN 55432 FINAL Estimate No. 2 for engineering services and general supervision for Sanitary Sewer and Storm Sewer, and Water Improvement Pro,7ect No. 128 (Great Northern Industrial Park) Services Rendered by Inspector for San�tary Sewer Storm Sewer and Water, Block No. 9, Great Northern Industrial Center through 11/70/79 Patch Erickson Madson, Inc. 2311 6Jayzata Boulevard Minneapolis, MN 55405 FINAL Estimate for services on Add�t�on to City Garage A.J. Chromy Company and Western Casualty Insurance Company Sewer and Water Pro,7ect #114 Court Ordered Payment $ 7,929.98 10,445.55 1,533.43 134.67 297.91 46,097.05 The motton was seconded by Counctlwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS MOTION by Councilwoman Moses to authorize payment of Claims No. 309G40 through 333P03. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Ne? declared the motion carried una m mously. � ' , � REGULAR MEETING OF DECEMBER 3, 1979 PAGE 15 MOTION by Councilwoman Moses to approve the licenses as submltted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Councilman Barnette stated the House of Lords has chan9ed hands and asked if the ltcense changes in that case. Mr. Brunsell stated there will be a hearing on this coming up in December. He stated for some reason the application got lost and wasn't followed through. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee de- clared the motion carried unanimously. COMMUNICATIONS� INDEPEN�ENT SCHDOL DISTRICT #14: BOARD OF EDUCATION ACTIONS: MOTION by Councilwoman Moses to receive the communication Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the mot�on carried unanimously. Councilwoman Moses stated she talked with Jack�e Lentz of tl�e School Board and felt it might be a good idea for a few members of the Council to meet with some members of the School Board to discuss the matter of F E S.T. MOTION by Councilwoman Moses to appoint two Council members to negotiate with mem6ers of the School Board to work out the problems with F E S.T. Seconded by Councilman F�tzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Barnette and Councilwoman Moses volunteered to be the Council representat�ves regarding F.E.S.T. Councilwoman Moses asked about Gounc�l attendance at the City/School Meetings. � Dr Boudreau, Director of Parks and Recreation, stated this did begin as a staff function to handle problems on a lower level and he couldn't say when School Board Members began attending those meetings. Councilwoman Moses volunteered to be a representative to the City/School Meetings. ' ANOKA COUNTY COMMISSION WORKSHOP: PUBLIC ACCESS PROGRAMMING REPORT MOTION by Councilman Fitzpatrick to receive the communication. Seconded by Councilwoman Moses. Upon a votce vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Barnette to ad�ourn the meetin9 Seconded by Council- man Schneider. Upon a votce vote, all voting aye, Mayor PJee declared the motion carried unanimously and the Regular Meeting of the Frtdley City Counc�l of December 3, 1979 ad,7ourned at 12 08 a.m. Respectfully submitted, � ����� Carole Haddad Secy. to the City Councii Approved: December 17, 1979 � � �, , , � ���� � � �- , W�lltam J Nee Mayor ����_-_ 0 1