Loading...
02/22/1982 - 00012997� � �� THE MINUTES DF THE MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 22,'19II2 The Fridley C�ty Counc�l meeting was called to order at 7.30 p. m. ty Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and the audience in the Pledge of Alleyiance to the Flag. ROLL CALL: MEP�iBERS PRESENT Mayor Plee, Councilman 6arnette, Councilman Schnetder, Counc�lman Hamernik, and Councilman Fitzpatrick f�iEMBERS ABSENT: None APPROVAL OF MINUTES - FEBRUARY 1, 1982 MEETING: Councilman Schneider requested the follomnng correct�ons be made in the minutes of February 1, 1982: Page 2, fifth paragraph, line 2 change the vrord "unsigned to °s�gned" Page 2, sixth paragraph, line 2: change the words "have to" to "require the tax increment f�nance d�strict" Page 2, seventh paragraph,line 3: add the words °for rental subsidy" after the word "financing" P70TIOP] by Councilman Fitzpatrick to approve the minutes w�th the above corrections. Seconded by Counctlman Hamernik. Upon a voice vote, all voting aye, Mayor fJee declared the motion carr�ed unan�mously ADOPTI�N OF AGENDA: Mayar Nee requested two items be added as follows: "Consideration of a Resolution tn Support of Designating Anol<a County as an Llrban County for the Fiscal Year 1983-34: and "Consideration of Oppos�tion to Proposed Legislation in the Ar�ea of Fire Department Pensions" P40TION by Councilman Schneider to adopt the agenda vr�th the above additior�s. Seconded by Councilman Fitzpatr�ck. Upon a voice vote, all voting aye, f��ayor Plee declared the mot�on carr�ed unammously. OPEN FORUM, VISITORS: Mr, f+like Larson, 6390 Starl�te Blvd., stated he was looking through the Frtdley phone d�rectory and came across a list of h�storical highlights and felt, after last week's referendum on the recreation cen�er, this could be added to the list of h�storical highlights. Mr. Larson stated the referendum showed how the City Council was out of touch with 94i of the voters. Mr. Larson stated �t seems the Aavisory Committee h�a�s not a cross-section of the voters and hoped, in the future, if a similar situat�on arised, there is a better cross-section of the res�dents represented. r- h"} a'1 �� COUfdCIL PIEETING OF FEBRUARY 22, 1982 PAGE 2 Mr. Larson stated he felt thts was a polittcal issue after the Council elect�ons and that there was a broad effort to make this referendum sucessful. He felt the voters are upset the issue went this far. Mr. Larson stated, in ta7k�ng about such large expenditures, he hoped in the future the Council keeps in mind that they are political issues. Mr. Larson stated he felt there was a tremendous amount of �nformation which was not in the promotional material. He stated the notion, about � th�s referendum failing because it was a bad time isn't really fair, but what the voters are sayiny ts they don't want the City involved in pr�vate enterprise. P4r. Larson stated he felt the Parks and Recreation Director lost some credibil�ty and tt says a lot about the Council's expenditure of tax dollars, as he would guess the cost was somewhere between $25,000 �o $50,000 when you cons�der staff time and architectural fees. Mr. Larson felt the Council should get back �n touch with 94% of the voters so they don't have to add dates such as February 16, 1982 to the Fridley highlights. Mr. Willis Unke, 1422 Trollhagen Dr�ve, stated the "No" vote on the referendum was overwhelnnng and pointed out only 8 out of 478 voters voted "Yes" at h�s polling place. Mr. Unke read a memo addressed to the Counc�l, and stated he has spoken w�th Mayor fJee, about a poss�6le meet�ng with the Council ana the Taxpayers for Responsi6le Recreation. He stated that P^arch 8 for the meeting date would be f�ne with them starting at 7 p, m. P1r. Unke stated he appreciated the Council's will�ngness to meet with them on the postmortem proposal for the recreation center. He asked that they meet only with the Council me�bers as he has seen � the heavy hand of the present bureaucracy st�fle an honest dialogue with the cit�zens. P1r, Unke asked the Council's cooperation in having access to the �nformation ava�lable to the City employees in th�s endeavor. P9ayor Nee asked Mr. Lnke �f March 1 or hlarch 15 would be an accept- able meet�ng date, as the Council will be meeting on March 8. Pir. Unke stated he would have to check and get back to the Counc�l for a confirmation of either of these dates. Mr. Dave Kondrick, Chairman of the Parks and Recreation Commission, stated he was disappointed the referendum didn't pass, but considering the times and econom�c situation he thinks it was understandable. He felt ii was too bad to be critic�zed for try mg to make Fridley a f�ner place in wh�ch to live. He stated that was the sole intent of the Advisory Committee and believed it was the intent of those that advised the bi��ld�ng in the first place. He stated they had purely the City of Fridley and the citizens in mind when it was decided to get a feel�ng from thi� citizens in this regard. He stated the�r hearts were in the right place, and they thought it should be kept away from the pol�t�cal arena. Mr. Kondrick stated the people have spoken and he can understand that, � but they wanted to make Fridley a f�ner place, in their opinion, �n which tc live. � COUPlCIL MEETING OF FEBRUARY 22, 1982 STATEh1ENT OF CAN�ASS: OF VOTES FOR THE FEBRUARY 16, 19£32 SPECIAL ELECTION nni nr n rnnnnniimrTV nrrornTrnni rrnrrro . PAGE 3 Mayor Nee stated the canvass of votes for the construction of a communtty recreation center showed 379 in favor with 5,572 opposed, 1 overvote, and 71 undervotes for a total of 6,023. � Counc�lman Schneider quest�oned the undervotes. Mr. Inman, City Clerk, stated the undervotes are a determination of the ,7udge - whether a voter d�d actually punch the bal7ot or it may 6e that some voters went to the polls and didn't cast a ballot_ f�lOTIOfJ by Gouncilman Barnette to adopt the canvass as presented. Seconded by Councilman Schneider. L'pon a voice vote, all voting aye, Mayor Nee dec7ared the motion carried unan�mously. STATEMENT OF CANVASS SPECIAL ELECTION FEBRUARY 16, 1982 DECLARATION OF RESULTS THEREOF In accordance with Section 4.08 of the Charter of the City of Fridley, the City Council declares the results of the 1982 Special Election to be as follows: � A. The total number of ballots cast was: Ward 1 - Precinct 1 Ward 1 - Precinct 2 Ward 1 - Precinct 3 Ward 2 - Precinct 1 Ward 2 - Precinct 2 Ward 2 - Precinct 3A Ward 2 - Precinct 36 Ward 3 - Precinct 1 Ward 3 - Precinct 2 Ward 3 - Precinct 3 412 978 ^ 618 � 2�8 — 478 780 3� 3�— TOTAL 6,023 6,023 B. The vote on the construction of a Community Recreation Center is as follows: Ward 1 - Precinct 1 Ward 1 - Precinct 2 Ward 1 - Precinct 3 Ward 2 - Precinct 1 ��ard 2 - Precinct 2 ;rd 2 - Precinct 3A -r�rd 2 - Precinct 3B Ward 3 - Precinct 1 Ward 3 - Precinct 2 Ward 3 - Precinct 3 TD7AL C YES 38 103 34 46 21 34 8 63 21 11 379 P10 OVERVOTES U�DERVOTES TOTAL 365 868 574 726 610 590 469 709 295 366 5,572 � � � � c � � � 0 �: 7 9 15 10 4 _1 8 4 4 1 71 The vote on the construction of a Community Recreation Center failed. 412 978 618 787 641 628 478 780 320 381 6,023 ����� �.,. CDUNCIL MEETING OF FEBRUARY 22, 1982 D. The following is a true copy of the ballot used: Official Ballot CITY OF FRIDLEIf ANOKA COUNTY, MINNESOTA Special Election TUESDAr, FEBRUARr 16,1982 Put an (X) m the square before the word "YES" �f you are m favor of the proposit�on, or put an (X) before the ward "NO" �f you are agamst the proposit�on ❑ YES Should the City oF Fridley issue general obligation bonds in the amount of $4,850,000 for the construction of a ❑ N� Community Recreation Center7 E. The names of the �udges of the election are as follows: Ward 1 - Precinct 1 Carolyn Holmen Marion Jones Alice Henderson Ma,7orie Rosin Camilla Mueller Sandra Goman Ward 1 - Precinct 3 Charlene Swanson Margaret Powell Alice Moe Roma Eastwood Rose Mary Johnson Vi Lind Ward 2 - Precinct 2 Jeanette Micholski Marlis Johnson Pat Anderson Helen Shaffer Rohonda Christiansen Greta Siverts Ward 2 - Prec�nct 3B Judy Engebretson Nancy Strong Marlys Lisowski Virginia Schnabel Barb Wilson Jean Lee Ward 1 - Precinct 2 Joyce P1cLellan Marlys Johnson Shirley Kohlan Jordis Mittlestadt Mary Sullivan Lois Hines Ward 2 - Precinct 1 Virginia Steinmetz Jamce Hebeisen Mary Davis Alice Peterson Marlene Eidem Dolores Lynch Ward 2 - Precinct 3A Yirginia Bureau Jean Wagar Delores Mellum hlary Jechorek Naida Kruger Jean Gerou Ward 3 - Precinct 1 Betty Bonine Betty Scott Myrtl e P1orphew Connie Samuelson Marlys Hinsverk Lavonne Avery PA,GE 4 � � ' � COUNCIL MEETING OF FE6RUARY 22, 19�2 Ward 3 - Precinct 2 Dona Mae Odland Donna Christenson Jean �ohnson �arlene Vallin Velma Farr Alice Anderson COUNCILMAN CQUNCILMAP� � CDUNCILPiAN COUNCILMAN OL� BL'SIiIESS: µ' £� � � PAGE 5 Ward 3 - Precinct 3 Gladys Syversor Bev Miller Laverne Roseth Betty Nelsan Florence Gordon Gemaine Wolsfeld MAYOR - WILLIAM J. NEE C01`JSI�ERATIC�I OF rIRST REPDIN� OF 4P1 OR�IN�;"JCE RE�'E�i_If'G CLD CH4PTrP. 22� OF THE FRIL�IFY CITY CODE I„� ITS FIVTIRETY API� P,DCPTTNC P NE��� C�iP,PTER 220� ENTITLED RESIDE�JTIAL f1AIfJTEfdAfdCE CO�E (TP,BLED 2%1%82) —' hiayor Nee auest�one� the use of o�rteble hea±?rs ard ;f Yhe erdrn�rcz would prohibit their �ase. Mr. Flora, Public Works D�rector, stated the intent of the ord�nance is to address the �rimary heartng untt and not a supolementary urit. He further explained ihati SecL�on 220.OE4, Izem �, acidresses porta6le hearing equipment.. The Council alse c,uestioned the impact of the },ecuirement for dea�hoit locks. hlr. Flora stated �e dtdn't know hox many �f thv prcNertizs didn't have deadbo7ts, but iri the process of inspecting the dwelling um ts, if any discrepancies are noted the staff works w�th the owner to satisfy the code requirements. �.,n, ;�a a,, ? '1 s� c? COUPdCIL PIEETING OF FEBRL'ARY 22, 1982 PPGE 6 Counc�lman 6a°•nette asked about the requirement for a resident agent, if the owner doesn't reside �n the seven county area. Mr. Newman, City Attorney, stated the State requires that tenants 6e notifted of the owner of the property and the rental agent. He stated if the oN�ner doesn't restde �n the seven County area, you can require a rental agent who can be contacted who lives in the area. Counc�lman Hamerm k stated the definitions of basement and cellar were d�scussed a the last meet�ng, however, they still appear to be the same. hir. Flora stated the basement is where the ma,7ority of the exter�or wall �s above ground and a cellar is where the ma�ority of the exterior wall �s underground. He stated on the inspectton forms used by the City, they address basements and cellars. He stated there are 6asement apart- ments in the City and the cellar might be where the furnaces and storage room is located. Counc�lman Schneider asked what �s different �n inspecting a basement vs. �nspecting a cellar. Mr Flora stated in inspectrng rental properties, they inspect the general areas and the apartment units and if the unit had a basement apartment, it would be �nspected the same as the other un�ts. He stated, if, however, there was a basement underneath the basement apartment it would only be inspected for heat�ng, ventilation, and storage. Councilman Hamernik stated he has a problem wtth the defl nitions, as part of the ordinance deals with both single family and rental properties Councilman Hamerm k that the defin�t�on boarding and lodging units are desci°�bed. stated that Item 9, under Section 220.05, states of a dwelling does not include hotels, motels, houses, but later on in the ordinance rooming Mr. Flora stated the definition of "Dwelltng" is identical to the zomng code defin�t�on. P4r James flill, Acting City P1anager, stated the Council could pass the ord�nance on first reading and then obtain clarification on the defint- tions for the seco�.d reading, P10TIOf! by Counctlman Barnette to waive the reading and apporve the ordtnance upon first reading. Seconded by Councilman Fitzpatrick Upon a vo�ce vote, all voting aye, Mayor flee declared the motion carr�ed unanimous7y. Mayor Nee asked the Council members to submit any problems they have with the ordinance to the staff so corrections could be made by the time of the second reading. CONSIDERATI6fJ OF APPOIPJTPIEPlTS TO ENERGY COPIMISSION (TABLE� 2/1/B2): P10TION by Counc�lman Flamern�k to table the appointments to the Energy Con�im ss�on. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried uranimously. � � � I , �- CaL'NCTL «EETIPIG OF FE6RLARY 22, 1952 ORGINAfdCE fvG. 745 ESTABLISHIfJG CHAPTER 125 Or TF�E F ENTIiLEG SAL'iVAS AiIJ MASSAGE PARLGRS; REGULATI�VG THE MAINTENr�ivCE GF SAUIJAS AND MASSAGE PARLORS, REQUIRI OPERATE SI�CH FACILITIES AND ESTABLISHING SIAPlDARDS �� PAGE 7 EY CITY CO�E RATI01�! AIJ� A LICEPlSE TO THE CONSTRL'C- P4r Htll, Acting City P1anager, stated this �s the second reading of an ordiriance regulating suanas and massage parlors in the City. He ' sLated this ordinance aame a6out because of the Council's concern regarding two existing facilities in the City and the C�ty's lack of control. t9r. Hill stated ordinances from surroundtng c�ties were researched and staff came up with the ordtnance presented this evening. , � Nir. i-liil stated they have rioted there are abuses perpetrated in these types oF establishments requir�ri� an excessive amount of law e��forcernent ttme as well as time for irspect�ons of sanitary conditions. I•1r. Hili stated, to date, they have made a total of three arrests for prostitution which have not yet been ad,7udicated in court. tdr. Hill stated ii, is des�rable the City pass the ordinance to afford the staff an opportuntty to conLrol this type of business as much as reasonably possible. He stated the ordtrance hefore the Council most closely relates to the one in Brooklyn Center and is similar to the ordtnances of Richfield and Edina. Plr. H�11 si.ated they are suggesting that only iwo sauna and massage parlor I�censed 6e in force at any one time> as they feel this Zs all they can control with thetr staff. He stated Lhey are also suggesting the business not be allowed to operate between the hours of 11 p. m, and 8 a. m. on the succeeding day He stated he didn't feel this ordinance would 6e any more restr�ctive than the ordinances of netghbor�ng cities. P�1r. John Wright, 513 Ely Street, stated he didn't know if the City should spenG a lot of money on regulating suanas He felt there should be more concern about the crimes on the residents of Fridley. He stated there are guys peddling dope rn the City and not a thing is be m g done about �t. Mr. Wright felt the police should be out on the strEet, a�id not be that concerned about the saunas. Mr. Joe Ryan, attorney representir�g the No. 1 Health Club, stated the enforcement of a stmilar ordinance in Coon Rapids has been restrained by a county �udge. He stated he felt this ordinance is defect�ve, as it is prohibitive and vague in certain areas. He stated the internretat�on of the ordinance m�ould rest �n thE sole discretion of the City w�thout any quicleltnes. h1r. Ryan stated he didn't thin�. the City's priority should be �n enforc�ng an ordinance along this ltne, and he ���ould argue aga mst the adoption ef this ordtnance as it exists. Couiic�lman Schneider asked the nature of tne bus�ness at the kl Health Club. Str. Ryan stated it is a health club with exercise rooms. -� ..: � � T�, COUNCIL MEE7ING OF FEBRUARY 22, 1982 PAGE 8 Mr. Randall Tigue, Attorney representing Massage on P1ain, stated he �s also tn opposition to this ordinance. He stated the ordinance is in v�olation of the Federal and State laws. He stated the requirements on limiting the number of licenses to be permitted for saunas and massage parlors and the conditions governing the issuance of a license all violate the law. Mr. Tique stated, as far as the hours of operation, his client had one arrest that has gone to a formal complaint and this took place at 8 p. m. P9r. Tigue stated the adopt�on of this ordinance will bring a challenge by his client and if his client prevails, the legal costs incurred will moi°e thari likely be paid by the taxpayers of the City. Mayor Nee asked Mr. Tigue if he would be willing to deta�l the points he iPels are uncon;t�tut7onal antl' sumit them to the City Attorney. Mr. T�gue replied he would P1ayor Nee stated the information the Council received firom the C�ty Attorney is that the ordinance �s defensible. Mr. Hill stated there were some statements made which he feels he would take exception to and the ord�nance was modeled after other city ordinances and the City Attorney felt tt was defensible. Mr Newman, represent�ng the C�ty Attorney, stated he has ob�ections to a number bf th�ngs that were stated. He stated he would adv�se the Council to proceed this evening if they do not have any changes in mind and if they feel comfortable w�th the ordinance. MOTION by Councilman Fitzpatr�ck to waive the second read�ng of Ordinance fVo. 745 and adopt �t on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried urianimously. Piayor Nee asked the attorneys present to interact with the City Attorney to rev�ew their points. INANCE P�O. 746 AMENDIfdG CHAPTER 11, SECTION 11.10, OF THE FRIDLEV PND MAINTENANC � MOTION by Councilman Schne�der to waive the second reading of Ordinance No. 746 and adopt it on the second reading and order publicat�on. Seconded by Councilman Flamern�k. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. NEW BUSINESS. �� RECEIVING PLANNIIVG COMMISSION MINUTES OF FEBRUARY 3, 1982• �+�' ��'• RECOPlSIDERATION OF REPLAT OF INNSBRUCI: fJORTH TOWPIFIOUSE PLAT 5 �c ��n� nn\ nv ciioiinonni rnirrnirrnrnir r�ir � Mr. Flora, Public Works D�rector, stated this plat was for the purpose of correcting errors in the original plat and properly identifying lot lines He stated, in discussions regarding this plat, �t was determined it would be appropr�ate for the Planning Comnnsston to grant a variance to the Platt�ng Ord�nance due to the hardship caused to the owners of the property. � � � COUNCIL MEETING OF FEBRUARY 22, 19�2 PAGE 9 f1r. Flora stated 'che Planning Cor�imtssion has recommended approval of the var�ance and that a correctton of Plat 5 be handled 6y a Surveyor's Cert7ficate of Correcttons to be filed �vith the Countv. Councilman Schneider stated he had no ob,7ections to this Fe�ng handled by a Surveyor's Certificate of Corrections, 6ut �ndicated there are sorne other problems connected with the Townhouse Association. � MOTIOP! by CounciLnan Schneider to concur with the recommendation of the Planning Commission in waiving the final platting and authorizing the correct�on 6e hand1ed by a Surveyor's Certificate of Gorrections and to further direct the admtm stration to appropr�ately f�le th�s Certificate, and staff to work with the developer to resolve the outstanding issues. Seconded by Councilman Hamernik. Upon a vo�ce vote, all votiny aye, Mayor Nee declared the r�otion carried unantmously. N �� � RECEIVING APPEALS COMh1ISSI�N PIIPIUTES OF DECEMBER 15, 1982 �' � CONSIDERATION OF VARIANCE REQUEST TO RUUrE PARKIP�G SFTBACK ON Mr. Flora, PUblic ulorks Director, stated Zantigos plans to install a drive-th�°UUyh windovr at the�r facility and �n order to accoraplish this, a variance is requested to reduce the setback requ�rement from 12 5 feet to 5 feet. He stated the Appeals Comm�ssion reviewed this request and has recornmended approval of the vartance. MOTION by Councllman Hamernik to concur with the recomr;endati�n of the Appeals Commission and grant the variance to reduce the setback from 12.5 feet co 5 fee1, on lots 16 and 17, Elocl: 13, along wieh the north half of vacated 59th Avenue N. E., Hyde Park, along �rith Lot 9, Block 3, Bennett Palmer Addition, the same being 5905 Lnivers�ty Avenue Pl. E. Seconded by Councilman Frtzpatrick. Upon a voice vote, all votiny aye, hiayor Nee declared the motion carried unanimously. The Counc�l then considered Item 16 on the agenda, as follows• � � RE � � N ON PJO. 18-1982 PROVIDIPlG FOR THE TO CE AND SALE OF P1r. Inman, City Clerk, stated th�s resolution is for f�nal approval for $1,000,000 in industrial revenue bonds for La Maur, Inc. He stated the orig�nal application was for the �ssuance of $3,000,000 �n �ndustrial revenue bonds, however, this has been reduced to the amount of $1,000,000. He stated these bonds will be used for modifi- cation of the existing building and it is anticipated th�s remodeling will increase their work force by a mtnimuir of 30 new employees. Mayor Nee stated the Council has received information from the Crty Attorney that this is a lawful use of industrial revenue bonds. P101IOPo by Councilman Fitzpatrtck to adopt Resolution No. 18-1982. Seconded by Councilman Schne�der. Upon a vo�ce voLe, all vot�ng aye, Mayor Nee declared the motion carried unam mously RECEIVIi�G CHARTER COh1P1ISSI0f! PiINUTES OF JAfdUARY 5, 1982: MOTION by Councilrnar Schneider to receive the m�nutes of the Charter Commission f�eetiny of January 5, 1982. Seconded by Counc�lman 6arnette. Upon a voice vote, all voting aye, htayor fdee declared the motion carr�ed unammously. �� �T x a COUNCIL MEETING OF FEBRUARY 22, 1982 PAG� 10 �� RECEIUING CABLE TELEVISIDPJ COMMISSION MIPlUTES OF JANUARY 28, 1982: MOTION by Councilman Hamerntk to receive the minutes of the Ca61e Telev�sion Commission Meeting of �anuary 28, 1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, f4ayor Nee declared the motion carried unanimously. �'�� J � `L �aA �� = � ��o� RECEIVING CIVIL SERVICE COP1MISSION hiINUTES OF FEBRUARY 1, 1982: MOTION by Councilman Fitzpatrick to rece�ve the minutes of the Civil Service Commiss�on P1eettng of February l, 1982. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. IDERATION OF STUDY FOR CONDOMIPlIUM CONVERSIONS (SET P MOTION by Counc�linan Schneider to set the publtc hearing regardtng the study on condominium conversions for March 22, 1982. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot�ng aye, P9ayor Nee declared the motion carried unanimously. RESOLUTION N0. 17-1982 REQUESTING AUTHORIZATION FOR AfJOKA COUNTY TO CONTINUE IfJ THE COMMUNITY DEVELOPP1Ef�T 6LOCK GRANT PROGRAM FDR FISCA YEAR 1983-19F34: MOTION by Councilman Schneider to adopt Resolution No. 17-1982. Seconded by Councilman 6arnette. Upon a voice vote, all voting aye, Mayor fJee declared the motion carried unanimously. CONSIDERATION OF SURETY BOND AMOUNTS FOR THE FIRE RELIEF ASSOCIATION SECRETARY AND TREASURER: h10TI0N by Councilman Schneider to concur with the Surety Bond arrange- ments for the Fire Relief Associat�on. Seconded by Councilman Hamerm k. Upon a vo�ce vote, all voting aye, P9ayor Nee declared the motton carried unanimously. IDERATION DF OPPOSITION TO PROPOSED LEGISLATION IN THE AREA OF FIRE Mayor Nee stated the Council has �nformation from the League regarding this item and their po�nt �s the City is responsible for any unfunded l�abil�ty so the C�ty should have some participat�on in establishment of benefits. P�ayor fJee stated that he and the C�ty Clerk are members of the Fire Rel�ef Association Qoard of ��rectors and past Boards have been extremely responsible in the managemient of their organ�zation and, therefore, th�s doesn't appear on the surface to be a matter of concern. He po�nted out, however, these members could change and possibly the Crty could get into the same problems the police private pension fund had in the past. Mr. Inman, City Clerk, stated if the Fire Relief Assoc�at�on went into an unfunded l�abilrty, under the bills proposed, the City w�ll have the respons�b�lrty. Playor Nee asked Mr. Hill, Acting City Manager, to comment on the h�story of the police pension fund relating to unfunded liab�lity. � � � ' � � 1 ? COUPICIL MEETING OF FEBRUARY 22, 1982 PAGE 11 N1r. Hill stated the private police pens�on fund became a ma,7or issue as to fund�ng the defictt. He stated the end result was a case before the Ramsey County District Court. The ,7udge ruled in favor of the City and made an unprecedented comment that the Council had a responsib�lity to insure that the police pens�on fund was fi nancially sound. After the court decision, the Legislature passed a special bill which also corrected the situation. Since a resolution opposing this legislation hadn't been formally compiled, the following motion was made: MOTION by Councilman Schneider to direct the adm�nistration to �ndicate the sense of the Council in supporting the League's pos�tion in oppos�- tio7 to Senate File 787 regarding proposed legislation in the area of Fire Department pensions and to commun�cate this opposition to the proper authors of the bills. Seconded by Councilman Fitzpatr�ck lJpon a voice vote, all vottng aye, Mayar Plee declared the mot�on carr�ed unannrously. CONSI�ERATION OF TERMINATION OF PARK LEASE WITH NORTH SUBURBAN HOSPITAL MOTION by Counc�lman Fitzpatrick to authorize the admim stration to immediately term�nate the park lease wtth the North Subur6an Hosp�tal District. Seconded by Counctlman Hamerm k. Upon a voice vote, all voting aye, f�tayor Nee declared the mot�on carr�ed unan�mously. �� RECEIUTNG BIDS AND AWARDING CONTRACT FOR REMOVAL AND MTCrGi i oN�niic rnniroGT� riioR riiTT�o nnin crnFi,ini v_ t MOTION by Councilman �'arnette to recetve the btds for concrete cur6, gutter and sidewalk work for 1982. Seconded by Councilman Schneider. PLANHOLDER Halvorson Construction 4227 - 165th Avenue Wyoming, MN 55092 Thomas & Sons 415 - 3rd Street S.E Osseo, MN 553D6 Lindahl & Carlson, Inc. 5480 Horizon �rive N.E. Frtdley, MN 55421 hiinnesota State Cur6ing 68�1 West 15�th Street Apple Valley, MN 55126 BI� DEPOSIT United Fire & Casualty 5°r" Inland Insurance Co 5% Trans America Ins. Co 5% Fldelity & Deposlt Co 5% $25,890.00 $27,660 00 $34,260.00 $35,76�.0� Adcon, Inc. 16191 Round Lake Blvd. Inland Insurance Co. $37,496.00 Andover, MN 5� Upon a voice vote, all voting aye, hlayor Nee declared the mot�on carrted unantmously. P10TION 6y Councilman Schne�der to award the contract for concrete curb, gutter and sidewalk for 1982 to the low bidder Halvorson Construction Company in the amount of $25,890. Seconded by Councilman Qarnette. Upon a voice vote, all vot�ng aye, Mayor fVee declared the mot�on carr�ed unanimously. hr '� _) k� � % COUNCIL MEETING OF FEQRUARY 22, 1982 CONSIDERATION OF APPOINTMENT OF COUNCIL REPRESEflTATIVE TO IN�EP criinni nrcTnrrT �r_. PAGE 12 MOTIDN by Councilman Barnette to appo�nt Counc�lman Ed Hamernik as the Council's Representat�ve to Independent School �istrict 16. Seconded by Gouncilrnan Schneider. L'pon a voice vote, all voting aye, P4ayor Plee declared the mot�on carried unanimous7y. -� ��} RESOLUTION �;18-1982 PROVIDING FOR THE ISSCANCE AND SALE OF IfJDUSTRI RFllFNIIF R(1NIlS - I A MDIIR TNI' � ��' ��: , ,�., ��� The Council adopted resoluticn #18-1982 earlier tn the meet�ng. RESOLUTION N0. 19-1982 TO ADVERTISE FOR BIDS FOR ONE-TON TRUCK WITH DUMP BODY• MOTION by Counc�lman Hamerm k to adopt Resolution Plo. 19-1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LUTION N0. 20-1982 ORDERING IPIPROVEMENT. APPROVAL OF PLANS AN� MOTION by Councilman F�tzpatrick to adopt Resolution No. 20-1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. CLAIP9S. MOTION by Councilman Barnette to authorize payment of Claims No. 3a9776 through 05GG01. Seconded by Councilman Schneider. Llpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �3 (� LICENSES �� P�lOTION by Counc�lman Fitzpatrick to approve the licenses as submitted and as on f�le in the License Clerk's Off�ce. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. � ESTIMATES: �� MOTION by Councilman Schneider to approve the estimates as submitted. Smith, Juster, Feikema, Malmon G Haskvitz 1250 Builders Exchange Bu�lding Minneapolis, M�nnesota 55432 For legal services rendered as City Prosecutor for the month of January, 1982 $3,425.00 E.A. Hickok & Associates, Inc. 545 Indian Plound Wayzata, P1N 55391 Professional Serv�ces, January, 1982 f7oore Lake Restoration Pro,7ect $1,634.46 Seconded 6y Councilman Hainern�k. Councilman Hamernik quest�oned the b�lling from Hickok and Associates for January, 19H2. � � � � � � Y� COUNCIL MEETING OF FEBRUARY 22, 19�2 PAGE l3 Mr. Flora, Publtc Works Director, stated this bill �s in con,7unct�on w�th the Moore Lake Restoration Pro,7ect for monitor�ng and sampling the wat�r, and stated the City is receiving funding for this port�on of the pro�ect. �POIV A VOICE VOTE TAKEN OP� THE ABOVE P10TION, all voted aye, and Mayor Nee declared the motion carried unanimously. ADJOURNP1ENT: MOTIOfd 6y Counctlman Barnette to ad,7ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all votirg aye, Mayor Nee declared the motion carried unan�mously and the Fridley C�ty Counc�l Meet�ng of February 22, 1982 ad�ourned at 9:08 p. m. Respectfully subm�tted, �,���.�� ���� Carole Haddad Secy. to the City Council Approved: March �, 1982 � ,� ` ' ` ��c_ ,� 1��� ��� _�V�, �' �: �' William J� ee Mayor J, F� T, c�