Loading...
12/15/1980 - 00013365��o THE MINUTES OF THE REGULAR MEETIUG OF THE FRIDLEY CITY COUNCIL OF DECEMBER 15, 1980 The Regular Meeting of the Fridley City Council was called to order at 7.40 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE. Mayor Nee led the Council and audience tn the Pledge of Allegiance to the Flaq ROLL CALL MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES: Mayor Nee, Counc�lman 8arnette, Councilman Schneider, Councilwoman Moses and Councilman Fitzpatrick None REGULAR MEETING, DECEMBER 1, 1980: MOTIOfV by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Moses. Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. PUBLIC HEARING MEETING. DECEM6ER 8. 1980: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA Mayor Nee requested an item be added under "Estimates" to include an estimate dated December 5, 1980 from Talle, Herrick and Munns for services during November, 1980. MOTION by Councilwoman Moses to adopt the agenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. OPEN FORUM, VISITORS Mr. Hugh Churchill, 5955 2-1/2 Street, appeared before the Council regarding the vacat�on of the alley between 2-1/2 and 3rd Streets, bounded by 59th and 60th. He stated there are a lot of beer bottles, a �unk car, and tree limbs �n th�s alley and accord�ng to the City's Environmental Officer, Steve Olson, he is suppose to keep one-half of it clean. He stated the previous owner had the same trouble w�th this alley and the problem has been going on for several years. Councilman Fitzpatr�ck stated tt seems to h�m that whether or not it is vacated or is an easement, in e�ther case, there �sn't suppose to be debris or vehicles on this property. Counctlman Schneider said there have been continuing problems with this alley in the last few years and he knows this matter was 6efore the Planning Commission at one time, but the problem was never resolved with the owners of the apartment. Councilwoman Moses asked if he had any other reason for wanting the alley vacated, other ttian keeping it clean and clear of debris. Mr. Churchill stated he would lil:e �t vacated so he could have a larger back yar� and inove his fence back further. , , � �� � �z1 REGULAR MEETING OF �ECEMBER 15, 1980 PAGE 2 Mayor Nee questioned �f it wasn't the City's responsibility to keep this alley clear. �r. Qureshi, City Manager, stated the City doesn't own the property, but has the right to use it for access purposes. He felt the problem with the �unk car or damage to Mr Churchill's fence would not go away even if the alley is vacated. Mayor Nee stated the Council would get a report been d�scussed in the past re9ard�ng this alley, with Mr. Churchill. NEW BUSINESS: from staff to see what har' and they would be �n contact RECEIVING PLANNING COMMISSION MINUTES OF DECEMQER 3, 1980 MOTION by Councilman Barnette to recetve the minutes of the Planning Commtssion Meet m g of Decem6er 3, 1980. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votin9 aye, Mayor Nee delcared the motion carried unanimously. RECEIVING CHARTER COMMISSION MINUTES OF OCTOBER 7, 198� MOTION by Councilman Fitzpatrick to recetve the minutes of the Charter Commission Meeting of October 7, 1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION ND. 129-1980 APPLYING FOR A STATE GRANT FOR THE DEVELOPMENT OF THE UNIVERSITY BIKEWAY/WALKWAY PROJECT #2: Mr. Flora, Public Works Director, stated a resolution was received from the Mlnnesota �epartment of Transportation whlch, �n essence, esta6lishes the agreemerit between the State and City to place a br�dge over Rice Creek. � Mr. Flora stated a bid for the cost of construction was received in the amount of $25,097 and in o;��er to obtain the State funding, it is requested this resolution 6e adopted by the Council. He explatned the State match is 75%, with the City paying 251 of the cost. Mr. Flora also stated there would be a meettng with the neighborhood residents on December 18 at 7 30 at the City Hall to discuss the bike path so work can 6egin on the bikeway pro�ect next spring. MOTION by Councilwoman Moses to adopt Resolution No. 129-1980. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 130-1980 AUTHORIZING ACCEPTANCE OF SUBSTATE AGREEMENT AND STATE GRAN7 AGREEMENT, MOORE LAKE RESOTRA7ION PRO�EC7: APJ RVICES BETWEEN THE CITY OF FRIDLEY Councilwoman Moses asked the meaning of the Substate Agreement. Mr. Flora explained the U. S. Environmental Protection Agency has made an a9reement with the State for the Moore Lake Restoration Pro�ect and the f4innesota Pollution Control Agency has de1egated the responsibility to the City. He stated, since the inittal agreement was be�ween the State and federal Government, the Siate requires a substate agreement between them and the City to be received by the U. S. Environmental Protection Agency to admin�ster th�s contract. .i�� REGULAR MEETING OF DECEMBER 15, 1980 PAGE 3 Councilman Schneider stated the City, through Hickok and Associates, sent an application for the grant to the MCPA and the EPA and, apparently, Fridley's direct grant applicat�on was embodied by the State and an applicat�on made by the State rather than the City. MOTTON by Councilman Schneider to adopt Resolution #13D-1980. Seconded by Councilwoman Moses. Upon a vo�ce vote, all voting aye, Mayor Nee delcared the motion carried unan�mously. There was discuss�on by the Council that the pro,7ect document now before them has some changes than what was or�ginally submttted. Mr. Flora stated the changes came about through the review process. It was the feeling of the Council that representattves of Hickok and Associates should 6e present at the first Council meeting in January to review what has taken place up to this date in regard to the pro,7ect and what is proposed for the future, as well as an explanation of the costs and fee involved. MOTION by Councilman Schneider to table the execution of this agreement for profess�onal services between the City and Htckok and Associates to the first meeting in January and request they attend th�s meeting. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, hiayor Nee delcared the motion carried unanimously. RESOLUTIOfJ fJO. 131-1980 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFI Councilman Schneider requested an explanation from the City Attorney regarding storm sewer assessments. Mr. Herrick, City Attorney, stated the general principles are the same for storm sewer assessments as they are for other assessments. The major principal being that you cannoi, assess unless the property is benefitted and cannot assess more than the actual benefit to the property. He stated in the situation of storm sewer assessments, if the property is within the drainage area, the Ctty can assess on the general assumption that a particular piece of property is burden�ng other properties even though that parttcular parcel doesn't have any star�drny water on �t. Mr. Herr�ck stated a recent change �n Chapter 429 of the State statute, under wh�ch the City assesses, states that a property owner cannot appeal an assess- ment unless he files a written notice af appeal at the time of the assessment hearing. Councilman Schneider stated several people in attendance at this heartng for th�s improvement were opposed to the assessment. Mayor Nee stated the question this evening is not the amount to be assessed, but whether or not to proceed with the improvement pro,7ect. Councilman Schneider pointed out an assessment hearing would be held at a later date, at wh�ch time an appeal could be filed. MOTION by Councilman Schneider to adopt Resolution No. 131-1980. Seconded by Counc�lman 6arnette. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanlmous1y. RESOLUTION N0. 132-1980 AD�USTIfJG THE CITY OF FRIDLEY MILEAGE REIMBURSEMENT. MOTION by Councilman Schnedier to adopt Resolution No. 132-1930. Seconded_ by Councilwoman P1oses Upon a voice vote, all voting aye, Mayot° Nee declared the motion carried unan�mous]y. , � , � REGULAR MEETING OF DECEMBER 15, 1980 REPORT REGARDING INTERNAT PAGE 4 RRED Mayor Nee stated the Counc�l has had general discussions on the desirability of th�s deferred compensation plan. MOTION by Councilwoman Moses to authorize the city to contribute an additional 5% of the City Manager's salary into the ICMA'S deferred compensation plan beginning January, 1981 and in the future. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unaniinously. LICENSES Counc�lman Barnette stated he had concerns about the deficienc�es tn the residenttal rental property where smoke detectors were involved, and thought this was a law that goes back several years. Mr. Qureshi, City Manager, stated the City has been trying to work with these property owners who have definiencies in their rental property in order to bring them up to code. He stated the two areas they have special concerns are the smoke detectors and the flexible gas ptptng. He pointed out another area where there are deficiencies is the screening of the refuse contatners and a1most everyone, with the exception of a few, have comp7ied. Councilman Fitzpatrick stated he was concerned about the persons who haven't complied w�th screening of the refuse containers and felt there was no reason why they shouldn't be in compliance. Mr. Qureshi stated if the Counci1 feels these deficiences should be corrected and brought �nto rompliance with the code, the licenses for the properties that are not in compliance should be tabled. MOTION by Councilwoman Moses to approve the licenses, as shown on Pages 8C and ' 8D of the agenda book, and table the licenses shown on Pages 8A and 8B of the agenda book until they are in compliance with the code. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �J CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 346500 through 346Z03. Seconded by Counctlman Barnette. Upon a voice vote, all voting aye, Mayor Nee delcared the motion carried unanimously. ESTIMATES MOTION by Councilman Fitzpatrick to approve the estimates as submitted with the addition of the one dated December 5, 1980 from Talle, Herrick and Munns, for their services during No��ember, 1980 in the amount of 32,613.40 6ud Johnson Construction Co c/o Design Consort�um, Inc. 1'O1� Marquette Mpls., MN 55403 Application No. 7 - Springbrook Na�ure C�nter Sm�th, Juster, Feikema, Malmon & Haskvitz 1250 Butlders Exchange Bu�lding Mpls., MN 55402 For legal services rendered as Prosecutor for the month of November, 1980 �30,145.00 � 2,870.00 �� � 324 REGULAR MEETING OF DECEMBER 15, 1980 PAGE 5 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COMMUNICATION. SCHOOL DISTRICT N0. 14: LEASING OF GARdENA SCHOOL BUILDING: MOTION by Counc�lman Schneider to receive the commun�cation from School Distrtct No. 14 regarding the leasing of Gardena School. Seconded by Councilman Barnette. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. DISCUSSION - SEWER BACK-UPS: Mr. Herrick, City Attorney, distributed tnformatton to the Council regarding the City's liability in the matter of sewer backups. He stated the first page is a letter from the Research D�rector of the League of Minnesota Cities in response to a phone conversation he had wtth him. The next two pages are a bulletin they put out as far as general principles of municipal liability for cities. Mr. Herr�ck then reviewed this material with the Council. Mr. Herrick also stated {ie has a copy of a letter the attorney for the persons making the claim wrote to the insurance ad�usters and pointed out the arguments made and cases cited. Mr. Herrick felt, if the City wanted someth�ng in writing defining this type of situation, it would take some work and would probably be a contractual obligat�on set up by ordinance. He stated if the Council wished his office to proceed with �aork in this area, they wou]d also have the adminsitration rev�ew it as well as the insi�rance agent to see if they forsee any probleins. Mr. Herrick stated he has advtsed these property owners' attorney that he thought they should con"inue to try and have this settled throu9h the insurance company. It was the feeling oF the Council that the City Attorney should proceed to come up with such a document covering these situations. A�JOURNMENT: MOTION by Councilman Fitzpatrick to ad,7ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of �ecember 15, 1980 ad�ourned at 9 10 p. m. Respectfully submitted, �"�.�- ���.r� Carole Haddad Secy. to the City Council Approved: �anuary 5, 1981 C"'��7�/� w,��,a` J. Mayor ��� Nee �� � �