Loading...
02/11/1980 - 00013601� THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 11, 1980 The Public Hearing Meeting of the Fridley City Council was called to order by Mayor Nee at 7 35 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience �n the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA. Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette None MOTIDN by Councilwoman Moses to adopt the agenda as submitted. Seconded by Counc�lman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. PUBLIC HEARINGS PUBLIC HEARING ON VACATION REQUEST, SAU �79-05, TO VACATE DRAINAGE AND iiTTi rTV rnccnnrniTC Tni ni Trr idni i nnnTrrnni ov orrunon vnuni. MOTION by Counc�lwoman Moses to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider Upon a voice vote, all vot�ng aye, Mayor Nee declared the mot�on carried una m mously and the public hearing opened at 7:36 p m. � Mr. Qureshi, Ctty Manager, stated these drainage and utiltty easements were originally provided as part of the plat, however, construction was modified on these parcels and structures are built on the easements. He stated proper drainage areas have been provided and staff feels that vacatton of some of the easements would not, in any way, be detrimental. � A map was presented showing which easements are proposed for vacation and the ones which will be kept. There was no response from the audience regarding vacation of the easements. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Moses Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unam mously and the public hearing closed at 7•40 p.m OLD BUSINESS. DISCUSSION OF FUTURE FUNDING FOR ISLANDS OF PEACE (TABLED 1/21/80 Mr. Qureshi, City Manager, stated the Finance �epartment has noted there is a$1,563.00 balance as of the end of November, 1979 regarding the Islands of Peace Pro�ect. He stated the matter is 6eing brought to the attention of the Council as it appears there will have to be an understanding reached as to how future expenses will 6e handled. Mr. Qureshi also stated there has been a,7udgment against the Islands of Peace Foundation. � Mr. Alex Barna, Chairman of the Islands of Peace Board, stated the Foundation has been receiving contributtons and they have enough funds to cover the February utility bills and a balance in their account. He stated these donations were not put with the grant money, but handled through their own account. He felt the balance of the grant money could be used for the building. � r� PUBLIC HEARING MEETING OF FEBRUARY 11, 1980 PAGE 2 Mr Barna stated Ed Wilmes is seeking some donattons from corporations and it seems, because the building is under construction, more firms are willing to give larger donations. Mr. Herr�ck, City Attorney, commented regarding the ,7udgment against the Islands of Peace He sta�ed it would he h1s opinion the ,7udgment couldn't be executed on any funds in the name of the City, however, if there are funds or property in the name of the Foundation, then they may be sub�ected , to attachments. Mr. Qureshi stated this was the City's concern and he wanted to make sure the Islands of Peace Foundation was aware that the funds could be attached Mr. Barna stated Ed Wilmes has been in coniact with the attorney that pro- cessed this judgment and the reason it was done was the American Improvement Company was gotng bankrupt and they wanted to take the legal steps to protect their interests. He stated the Foundat7on does intend to pay and hoped, with the donations, they could satisfy their bas�c l�en and possibly the interest would be waived. Mr. Barna stated the Foundation will try to carry their own weight and stated they are working to get donations and addittonal funds. Mayor Nee felt any funds they receive should be set aside for essentials such as the utilities. He felt the City should keep a watch on the account and that the Foundat�on should check further with their attorney on the facts regarding the ,7udgment. No actton was taken at this time by the Council regarding the handling of future expenses. RESOLUTION N0. 11-1980 FOR INITIAL APPROUAL OF OFFICIAL DRAFT DEVELOPMENT Councilman Barnette stated under the Parks and Open Space Section, Page 5-5, Items 6 and 6A, there is reference to the City cooperating with other governmental and non-governmental agenctes in providing park, recreation and open space areas, and Item A spells out the City should continue to provide technical assistance and support to favorable developments such as the Islands of Peace Park and Spr�ng Brook Nature Center. He further stated he understands that the Spring Brook Foundation has not renewed their lease and that the City would have to take it over and, therefore, felt this reference was a redundant statement He po�nted out there �s no other agency other than the City that has control of the Spring Brook Nature Center. Mayor Nee suggested perhaps the reference to the Islands of Peace and Spring Brook Nature Center, or everyth�ng that was in parenthesis, could be deleted MOTION by Councilman Barnette to amend the Comprehens�ve Plan by deleting everything shown in parenthesis under Item 6A on Page 5-5. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 Mr. Herrick, City Attorney, stated he has not had any contact or discussion with staff since the last regular meeting and questioned if they would be using the special use perm�t procedure or rezo m ng procedures. He stated, ' in his last discussion with �erry Boardman, it was felt the best approach would be if there are certain tracts of land that were zoned industrial or commercial and ad�acent io parks and residential and a certain number of acres, those would be eligible to aoply for rezo m ng K �� PUBLIC HEARING MEETING OF FEBRUARY 11, 1980 PAGE 3 Mr. Qureshi stated any requests would be processed through the rezoning procedure, and not by a special use permit. He further stated the reference to a particular number of additional housing un�ts has been deleted. MOTION by Councilwoman Moses to adopt Resolution No. 11-1980 with the above amendment. Seconded by Counci1man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: � CONSI�ERATIOfJ OF AUTHORIZING SETTLEMENT OF LAW SUIT Mr. Qureshi, City Manager, suggested this item be tabled for further informa- tion. MOTION by Councilman Schneider to table this item. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carr�ed unanimously. CONSIDERATION OF RECODIFICATION OF CI7Y CODE: Mr. Quresh�, City Manager, stated the Charter provides that the C�ty update the code every five years. He stated what is proposed is that the City use the word processing procedure to incorporate changes in the code. He noted that, with this system, there also would be reference to any previous ord�nances. Mayor Nee felt �t was a good idea, but asked about the legal ramifications. Mr. Herr�ck, C�ty Attorney, stated the word "recodify" is used �n d�fferent ways and context and felt it really doesn't g�ve them much guidance. He felt there were two rather distinct areas to which the word can apply and one �s codification in the sense of taking all the amendments that have been passed over a period of time and putting them into the ordinance and publishing the � book. Ne stated this is a mecham cal task, not concerned with sub,7ect context, but to make sure they are in the proper order and not inconsistent The other way �t can be taken is that, periodically, the Council or staff, at the direction of the Council, should review the ordinances for context and determine whether sub,7ect matter changes should be made. He stated he looked at the word "recodi- fication" to mean that the staff and the attorney should simply see that, periodi- cally, at least once ever five years, that the amendments are put into the ord�- nance and that the publication is brought up to date. He felt if that is what is meant by "recodtfication" then the City Manager's proposal would accomplish this 6y keeptng ordinances up to date as amendments are made instead of having one big effort every five years. He felt this would be to everyone's advantage. Mr. Herrick stated, from a practical standpoint, Council should periodically rev�ew the ordtnances to determtne if there are some that are no lon9er needed and if there should be changes. Mr Qureshi, City Manager, stated, if it is the Council's desire to reproduce a printed copy every five years, staff would continue to do so. Mayor Nee stated the Charter requires this be done. Mr. Herr�ck stated he has talked with staff regard�ng a numbering and cross reference system so that when an ordinance is reproduced showing the last changes, there will be cross references in case someone wants to check back on the history of the changes. � MO7ION by Councilman Fitzpatrick to concur w�th the City Manager's proposal to use the word processor to incorporate ord�nance changes or revisions Seconded by Councilwoman Moses. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. �h PUBLIC HEARING MEETING OF FEBR�ARY 11, 1980 PAGE 4 RESOLUTION N0. 12-1980 DIRECTING THE ISSUANCE OF TEMPORARY IMPROVEMENT BONDS E- ECT, SECOND ISSUE: MOTION by Councilman F�tzpatr�ck to adopt Resolution No. 12-1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schne�der to adopt Resolution No 13-1980. Seconded by Counc�lman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mousiy, CLAIMS: MOTION by Councilwoman Moses to authorize payment of Claims No. 022T04 through 039F01. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. FUNDS FOR 49ER'S The Council dtscussed the request for funds for use by the 49er's tn their annual celebrat�on. Mr. Qureshi, City Manager, stated the City has contributed in the past and felt the question was which approach the Council wtshed to take, either to give them a certain amount outright or to have them submit vouchers and pay for certain k�nds of expenses. � Mr Brunsell, City Clerk, stated both methods have been used, as two years ago, the City provided the 49er's with $5,000 amd the 49er's ran everything , through their own books and came out with a financial report on how the money was spent. He stated, last year, the 49er's still received funds from the Ctty, however, the method used was by submissiom of vouchers and payment through the Ctty's books and accounts. He stated one of the pro6lems with the procedure last year was that there wasn't a,separate program on the Ctty's books for the 49er's, therefore, tt is difficult to tell what amount was attributable to the 49er's Mr. Brunsell stated, speak�ng as a member of the 49er's board, he fe7t it would be easier to have a certain amount provided and then submit a financial statement on how the money was used, or as an alternative, to have a separate program �n the City's funds for this purpose. Counc�lman Fitzpatrick stated the letter received from the 49er's stated substantially what Mr. Brunsell has �ust outlined. Caunc�lwoman Moses pointed out that Bob Olmstead had stated a few years ago the 49er's needed �5,000 and now they are asking for $2,600 and, eventually, they hoped to be self-supporting and wouldn"t need any funds from the C�ty. Mr. Qureshi felt the only issue is if they should be given a certain amount or to indicate what maximum the City would fund and for what items lt is to be spent. Mr. Herrtck felt it could be done either way, htlwever, he would prefer that ' the City make payment for spec�fic items and that there be a program number assigned for the 49er's. ,; �� PUBLIC HEARING MEETING DF FEBRUARY 11, 1980 PAGE 5 Mr. 6runsell stated, as far as the aud�tor's are concerned, the preferable method would be to have a separate program �n the budget. He stated the main concern of the auditor's would be that the Council definitely took action to show that this money would go for that particular purpose. Mr. Qureshi felt if tt was the consensus of the Council to provide fundin9 and a separate accoun�, this could be done. MOTION by Councilman Barnette to provide up to a maximum of $3,000 for the 49er's � on the bas�s of vouchers submitted to the City Seconded by Counc�1man Fttzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m- mously. ADJOURNMENT. MOTION by Counc�lman Barnetie 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 Publtc Hearing Meeting of the Fridley City Council ad,7ourned at 8:30 p.m. Respectfully submitted, ��, , -�.,-�.���.�_- Carole Haddad Secy. to the City Council Approved. February 25, 1980 ' � s'� � ,�f�� �� — f� v Wi 11 i am J�ee Mayor �y�--�' �__