01/23/1984 - 00012367_ �l • � u!1 _:S �. • I � �� 1� ��i�l
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The F.egular �4eeting of the Fridley City council w�s called to orcler at 7:3G
p, m, by Mayor Nee.
PLIDGE OF ALI,EGIArdCE:
Playor Nee led the Council ana audience ii� the Pledgc- of Allegiance tc the
Flag.
ROLL CALL:
� A�ERS PRESED7P: Mayor Nee, Counciln�.ri Sarnette, Councilman Schneic�er
Councilman Hamernllc ancl Councilmari Fitzpatrick
NIIIRBIIZS ARSENP: None
PRESENPATION OF 11WP.E2D:
FIENRY S. PETERSON - 10 YEARS SERVICE ZCf FRIDLEY 49ER DAYS
Mayor Nee presented a plaque to Henry Peterson for his ter, years of service
to the Fridley 49er Day Celebration. He stated P�ir. Pecerson, over these
years, has organized the psrade for this celebration and the parade last
year was one of the best in the State.
Mayor Nee statecl the Council recognizes Lhat Pflr. Peterson is cane of those
citizens who has unselfishly given his time and effcrt to the betterment of
the commumty. Mayor Nee and the Council mernbers ex�ended the�r thanks anc;
appreciation to r1r. Peterson for his seroices,
[�dr. Peterson stated he accepted this plac�ue an behalf of the many persons
who have helped with the parade, including his sons, and John D�nsmar� and
his sons who helped from the beginning.
Mr. Peterson stated he came to Fridley ln 1957 and has been active zn the
� commtuiity since that time. He stated the only thine, he didn't accomplish
was to bring a rodeo to Fridley and hoped this could be done in fihe iuture.
Mr. Peterson stated there are a lot of uledic�ted local people who work to
make Fridley No. 1 and he was proud to be a�rt of this team.
APPROVAL OF MIN[7TE5:
ODUNCIL MEETING, JANUARY 9. 1984:
A90TION by Councilman Schneider ta approve the minutes as presentec.
Seconded 6y Councilman Hamernik. Upon a voice core, all voting aye, I�Zayor
Pdee declared the motion carried unam�rpusly.
ADOPTION OF AGEDIDA•
Councilman Fitzpatrick requested an stem be added as follows:
Consideration of a P.esolution OpposincJ Lhe deve7opment of a yarbage
incinerator facility in Northeast P4innea�.rolis.
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OOUNCIT MEETIN(' OF JA�JARY 23 � 984
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MO^1ION by Counciln�ari Fitzpatrick to adopt the agenda with the above
adc:ition. Seconded by Councilman Barnette. Upon a voice vote, all voting
aye, P��yor iTee declared the rnotion carried unanimously.
The fo7lowinc� other items were discussed at the end of the meeting:
Update on Litigation Re: Ilazardous Ddaste Site Deslynation, Proposed
P.esolution Ogposing Northwestern Eell's Tier System and Proposeol Rate
Increase, Propose� Resolutzon in Support of Governor's Report Re: Waste
Control Canmzission.
nPEN FORUM. VISITORS: �
Senatar Ibn Prank a�peared beFore the Coancil regarding an update on what
was happening in the Lec�islature.
Senator pon Frank also congratulated Henry Peterson for his service to the
F'ridley 49er Days.
Senator Frank stated in 1980 and 1981, ttie State had a horrendous problem
with the budget shortfall and either had to raise taxes, cut the budget or
make shifts. I3e stztec� $560 million was actually shifted which means
payments pronused to cities and school districts were deferred. He stated,
wher� the State budget is discussed to day and news is heard about a
surplus, this does not take into consideration putting back the shift
�yments in prorJer sequence. He statea there is a motion in the House to
remove tYae ten percent surcharqe and the Senate decided to propose to cut
�rt of �.he surcharge, but tc reinstate the �yment policies to the cities
and school districts wh�_ch they had zn 1980 and 19F31. He stated if they
were to reposition the payrients to local yovernments, it would cost $560
million.
He stated he is not saying they are going to reposition the total 5560
rnill�on, but they want t� start the payments in proper order which rioulc�
amcunt to approximately $120-$150 million. He stated the reason it woulc]
�e clone in this order is because the pro�ections in the last several years
have been so far off, they can't predict the pro�ections for 1984 are Soing �
to �e more accurate and want to k�e a little nore conservative. He stated
if there was another recession in 1985 and 1986, and if the �nyments aren't
re�ositioned, it woulcl lim�it the position to maneuver if there is a
financial cri�is. He felt the S560 million surplus �ust isn't reality and
has come to the Council to make sure everyone puts the budget surplus into
the proper persFective.
Senator Frank also stated there is a movement by a group of cities called
the Srnall City Group who are proposing to change the local aid formula. He
st�ted their proFosal is to take $19 million away from the core city of
PSinneapolis and distribute it to cities who have been "losers" in reference
to the tot�l local aid dollars. He stated Columbia Heights would lose,
however, Spring Lake Park, Fridley, and Blaine would gain. He stated he
really dicln't feel this was the way to proceed and hoped the League of
Cities woulc7 come up with a better approach.
Senator Frank also asked where Fndley stands in reference to the site in
Fridley desicplated as a potential hazard waste processing facility.
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Mayor biee stated they are suing the Waste dUfanagement Board and he is r.eaGy
to go to the Minneapolis City Council for their support. He stated he
would like Senator Frank to raise the issue as, apparently, the �ttorney
C�neral's office is making the case there ia not right to review of this
decision until there are damages. Mayor Nee stated he felt, in this case,
if you wait for damages, it would poison 2t�0,Q00 people by water pollu:.ion.
Senator Feank asked that he be submittec� some lhing in writing and he woulcl
be happy to pursue it f-urther.
PUBLIC I3F�TtINGS:
PUBLIC HEARING ON RENA[�1ING 77TH VTAY AND 79TH 4�TAY LYING BL"iWEED7 MAIN STREET
A1�ID THE RAILROAD 7�tAQtS � 77TE3 AVETNE AI�ID 79TH AVEDTiJL N.E.:
bfOTION by Councilman Hamernik to waive ti:e reac�ing oi the �ublic heariny
notice and open the public hearing. Seconc?ed by Councilman Sci,neic�er.
Upon a voice vote, all voting aye, Mayor Nee cleclared the metion carried
unanimously and the puhlic hearing opene� at 7:55 p.ra.
Mr. Flora, Puhlic Works Director, stated zt has [;een i-ound that two streets
in Fridley are inconsistent with the Cit��'s policy iri th�t every ea,st-west
zoad west of the track is a"[day" while ail easi-west roacl east of the
tracks are an "Avenue."
He stated, in order to be consistent, it is recon�nencied that 77t1� Way anc�
79th Way lying between Main Street and the railroad tracks be renamed tc
77th Avenue and 79th Avenue N.E.
Mr. Flora stated the persons affected have been notiried and the City is
working with the post o£fice to allow business to change to the new street
name through attrition.
No persons arr tYte audience spoke regardina tYre proposal to change the ,�amc
of these streets.
t�Y3TION by Councilman Hamernik to close the publlc hearing. Seconded by
Councilman Fitzpatrick. Upon a voice vote, zll voting aye. P4ayor P�ee
Geclared the motion carried unanimously and the public hearing close� at
7:58 p.m.
NEW IIUSINESS:
2. �NSIDET�TION OF THE 1ST READING_QF AN ORDINANL.G PtiECODIFYING THE FP.SllLEl'
CITY CODE SY ADOPTING A NEW CHAPTER 101 �A7TITLED "PNIMAL CON^1ROL" AND
REPEALING OLD CHAPTER 301 ENTITLED "LIV�STOCE: CONTROL." 302 ENTITLED
"ANIPIAL COT7TROL". AND 303 ENTITLED "WILD ANIf�1I.5 AND BIRTIS" IN THEIR
EIVTIREZ'i':
Mr. Flora. Public Works Director, state�' the City had three ordinances
dealing with animals and animal control and these three were gzven to the
Planning Commission to review. 7he Planmnc� Commzsson has done tYais and
recommends that they be developed into one ordinance. He statec there are
no significant changes in this ordinance which is a composite of tl�e other
three orciinances.
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Councilman Schneic�er questioned Section I01.10 which required any person
who knows of sameone bitten by an animal to notify the Animal Control
Officer or Police De�rtment. He questioned if this required a person who
witnessed an animal bite to notify one of these authorities.
Mr. Flora statea in tl�e strictest interpretation this would probably be
true.
He suggested �ossibly the language could be chanqed from "shall" to
"shoulcl" .
Mr. Daewman, representing the City Attorney's Office, stated he Pelt the �
onginal intention was to rec�uire the owner to contact these authorrties
and if the worc3 "shall" is changed to "should", it woulcl not make Lt
mandaTory for the owner to c7o so.
Mayor Nee felt the ordinance probably should be left as written and that
�iscretion woulc7 be used in these cases.
MOTION by Councilman Fitz�trick to waive the first reading and approve tkie
ordireance u�on first reading. Secorx7e� by Councilman Schneider. Upon a
voice vote, all voting uye, Nayor l�dee declared the motion carried
unanimously.
3. OONSIDERIiTION OF THE 1ST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY
CITY CODE BY ADOPTIPIG 11 NE4J Cf-111Y'IBR 214 ENTITLID "SIGNS" ADID REPEALING THE
OLD CfIAP'i'ER 2.14 IN ITS ENPIR�TY:
Mr, Flora, Public T�Torks Director, stated this ordinance was a resulL of a
housekeeping proceaure to correct some dis�rities in the ordinance, make
some grammatical changes, ancl correct those items the City had difficulty
in enfc,rcing in the previaus sic�n ordinanee. He statecl there are no
su�stantial changes in the ordinance, k�ut strictly clarificat�.ons.
P�TION by Councilman Schneicaer to waive the first reading and approve the �
orclinance upon first reading. Seconded by Councilman Hamernik. Opon a
voice vote, all voting aye, Nlayor C7ee declared the motion carried
unanimously.
4, REC�IVING PLP,1`]NING �MNIISSION MINUTFS OF JAN[7ARY 11. 19F34:
4A. PRELIMIN�IRY PLAT. P. S. #83-01. WESTERN RIllGE ESTATES. BY ALLEN FEHN
fI-694 AND T. H. 65 ON HII,LWIND ROAD1:
MOTION by Councilman Schneider to set the public hearing on this plat for
February 27, 1984. Seconded by Councilm�n Barnette. Upon a voice vote,
all votirg aye, f�ayor Plee declareo the motion carried unanimously.
4B. REZONING REO[TEST. ZOA #83-0�. TO REZONE ALL OF PRQPOSID LOT 1 OF
WESTL'RIQ RIDGE ESTATES 417 R-3 AND PROFqSID L(Yi' 2� R-2 ALLEN FEHN•
MOTIGIN by Councilman Schneider tc set the public hearing or, this rezonrng
request far February 27. 1984. Seconded by Councilman Fitzg�trick. Upon a
vo�_ce vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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4C. CONSIDERATION OF AMEAIDII�]G CHIIPTER 205 "ZONSNG" BY ADDING FIRE
PROTEC,TION REOUIRIIKEN`I5 AND 1�MEDIDING CERTAIN 0'i'IILR SECTIOI�S:
MOTIpDi by Councilman Aamermk to set the �,,ubl� c hearing for February 27 ,
1984 on amendment to Chapter 7.05. Seconcted by Co�ncilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor T3ee de�larec� the motion carried
unanimously.
I�fJTION by Councilman Schneider to receive the minutes of the Flanning
Commissison meeting af Sanuary 11, 1984. Seconded 6y Councilman Barnette.
� Upon a voice vote, all voting aye, Mayor Nee deelare� t-he motian carrzecl
unammously.
5. RECEIVING CHARTER COMMISSION MINUTES OF NOVCMBER 17, 19II3:
MOTIOT�T by Councilman Hamernik to receive the minutes of ihe Charter
Conunission meeting of November 17, 1983. Seconded b_y Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee c�ecl�red the mocion carrzed
unanimously.
5.1 RESOLUTIOP� NO. 11-1984 OPPOSING DEVELOPt�IENT OF P� GAF:BAGE INCENERATOR
FACILITY IN NORTHEAST MINNF,APOLIS:
Pi�TION by Councilman Barnette to adopt ResoluLior. No, ll-19E4 and forwarc7
it to the Minneapolis City Council. Seconded by Councilman Schnelder.
Upon a voice vote, all voting aye, Mayor I�Tee declarec the motion carried
unanimously.
6. QOISSIDERATION OF SE'ITING A PUSLIC HEARING QN THC AD'IENDMENT QF REDEVELOFf4ENT
PRQTECT IvTO. 1. MODIFYING IT BY ENLARGEM�N^1, AND '3'FIE REDEVELOPHIENT PLAN
RRi•ATING THEREZCJ FOR FEBRUP,RY 27. 1984:
P90TION by Councilman Hamernik to set the �ubiic hearing on this item ior
February 27, 1984. Seconded by Counczlman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unammously.
� 7. CONSIDERATIOAT OF SETTItdG A PUBLIC HEARING ON TAX INCfi�@1CNT FINANCING
DISTRIGT I�. 5 HY)R FEBRUAI2Y 27. 1984:
Nf�TI014 by Councilman FiLz�trick to set the publ3c hearing on this item for
February 27, 1984. Seconded by Councilman Schneicler. Upon a voice vote,
all voting aye, r�layor P�ee declaxec3 the moticn caxxied unanimously.
8. C'DNSIDERATION OF APPOIN7MET]T OF NEW P��BE�,S �CD CITY CCX'�"IISSIONS:
fdOTI0D1 by Councilman 5chneider to reap�oint the following memlaers co
vanous City Commissions, as follows:
Communitv Develonment Coi[mussion:
Leroy Oquist & Alfred Ga6e1
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COUNCIL MEETING OF ARY 3 � 84
Appeals Coimr,ission:
Jean Gerou ancl L3onald Betzold
Environmental Ouality Co�nission:
Wayne Wellan
Human Resources Co�¢nission:
Brian Goor]s�ed
Cable Television Coi[mussion:
Burt Weaver
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Seconded by Councilman Fitz�atrick. Upon a voice vote, all voting aye,
P�ayar Pdee declarec� the motion carried unanimously.
MOTION by Councilman Schr�eider to nominate Ralph Stouffer for appointment
to the Cable Television Conunission. Sec:onded by Councilman Barnette.
CouncilRan Schneider stated P4r. Stouffer had talked to him and irrdicated an
interest ir: sercing an tl-�e Cable Television Commission.
D10TION by Councilman Fitzpatrick to cast an unanimous ballot for Ralph
Stouffer for appointment to the Cable Television Commission, Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Nayor Nee declarc-�t
the motian carriev unanimously.
Housing and REdevelopment Authorit�
MOTION by [�layor Nee to reappoint Larry Commers to this Commission.
Seconaed by Councilman Barn�tte. Upon a voice vote, all voting aye, Mayor
Nee declarec� the motion carried unanur�ously.
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N�TIGN by Councilman Fitz�trick to table the appointment to the Parks and �
Recreation Commisslon, the Energy Commission, the Human Resources
Commisszon, �nd the Police Commission until the next meet,tng. Seconded by
Councilman Schneicier. Upon a voice vote, all voting aye, Mayor Nee
declared the motic�n carried unan�mously.
Councilman Schneider suggested Jan SeeRer be contactec� again to see if she
e�as interested in serving another term on the Parks and Recreation
Corn[nissior�.
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9. RECEI�I7 NG BIDS AND AWARDING CONTRACT FOR FOUR-Ih'HECL DRIVE e�RTICULI�TED
RUBBER-TIRID TRACTOR IIJADER:
Mr. Flora, Public Works Director, stated five bids were receiveG for this
equipment and the low bid was from Lalce State Equipmer.t Company and,
exercising the optional items and traae-in, th� total price would be
$63,495.32. He stated it is recommended the bic7 be awarcled to the low
bidder.
N�`PION by Councilman Hamernik to receive t1�e bids iar the front-end tractor
� loader.
VENDQR ZEIGLER LAKE STATE R013D SWEENEY INi'ERNATIQNAL
INC. EQUIP. MACHINFS2Y BR06. IIVD[JSTRIES
TRACPOR INS.
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t�fake/N�odel
Accessory
Equip.-Total
E'urchaser's
Amount
Optional
Guar. Nlaint.
C7ptional
Color
Optional
Trade-in
Delivery
Date
So Fidelity 5°o John Deer 5% Great
& Deposii: Co Ins. Co. Amerzcan
Ins.
Cat 930 John Deexe Clark 55C
557,328.00 544C $53,283.04
$51,227.32
$23,217.00 $17,268.00 $19,823.00
$80�545.D0
$4,500.00
$990.00
$4,000.00
90-12D days
$6$,495.32
$ N/B
$27 8.00
$73,lOG.OQ
$4,000.00
$975.00
5o Ficlelity 5o Farernen's
& Casualty Tns.
Piatailis Int'1 520B
FRIO $64,675.U0
$56,955.00
$17,201.00 $17,124.00
$74,156.00 $81,804.00
$5,500.00
S p1/S $300.0�
$5,000.00 $7,000.00 $G,000.00 $�,OOO.QU
60-90 days 30-60 days 60 days 12.0-150 days
Seconcled by Councilman Schneider. Upon a voice vote, all vating aye, b�ayor P�ee
declared the motion carned unanimously.
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MOTION by Councilman Schneider to award the contract for the front-end tractor
loader to the laa bidder Lake State Equipment Com�ny, exercising the options,
terms anc3 trade-in, for a total price of $63,495.32. Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor D7ee declared tt�e motian
carried ununimously.
10. (]�NSIDERATION OF APPROVAL OF A LEASE IaGREEMENT FOR THE_"A" FRAI�7E WI^1H
SCfI00L DISTRICT N0. 14:
Ni�TIOI� by Councilman Schneider to authorize the GYty Manager to enter into
the lease agreenent with School District No. 14 to lease the "A" frame
6uil�ing located at North Innsbruck Park, Arthur Street in Fridley, �
Seconded by Councilman F?amerruk. O�on a voice vote, all voting aye, Mayor
Nee c7ecl�ree� the motion carriec! unanimously.
A9r. Qureshi, City F9anager, stated there is a problem �aith the "A" frame
because of a broken water pipe. He stated the City is assessing the clamage
and, if possible, they will proceec� with the agxe�nent. He stated if there
are other �roblems, he svi11 bring tY�is back to the Council.
1L �SOL�JTION A�O. 12-1984 IaPPROVING A SUL�DIVISION, Ln'S' SPLIT, L. S, #82-05, �.'0
SPLIT L�Q'i' 1F3. AUI3I�R'S SUBDIVSSTON N0. 77. INTO PARCELS A& B� THE SAME
BEIPIG 7355 AND 7365 EP.ST RIVER I�AD N.E.. RtTNZ OIL CO.:
P4r. Flora, Public Works Director, stated when this lot split was approve8
by Council there were a number of stipulations. He stated these
sti�ulations have been satisfied and it would be approFriate for the
Council to a8opt thas resolution so the lot split can be submitted to the
County for recording.
MOTION by Councilman I'itz�trzck ta adopt Resalution P�o. 12-1984. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Pdee
declared the motion carried unanimously.
12. RESOLUTION N0. 13-1984 P.UTI30RIZING THE POSTING OF "DIO PARKIP]G" SIGNS ON
73RD AVENUE (MSAS 307), BEZWEEN UNTVERSITY AVENUE fT. H. 47) AND CENTRAL �
AV�JE (CSP,H #k351:
hidTIOPd by Councilman P,arnette to adopt Resolution No. 13-1984. Seconded by
Councilman Schneicler. Upon a voice vote, all voting aye, Mayor rdee
decl�?rec� the motion carried unanimously.
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13. RESOLUTION NO 14 1984 RENAPIING THAT PART OF 77TH LVAV AND 79TH 4dAY LZIN
SETWEEN MAIN STREET AND THE RP,ILROAD TRACRS TO 77TH AVENUE AND 79TH
AVEiVC7E:
I�70TION by Gouncilman Barnette to adopt Resolution No. 14-1984. Secondec by
Councilsan Hamernik. Upon a voice vote, all voting aye, ifayor P�ee c�eclared
the motion carried unanimously.
14. LICEIVSES:
� P90TIOtd by Councilman Hamermk to approve the licenses as submittec7 anc; as
on file in the License Clerk's Office. Secondeu by Councilman Schneiaer.
Upon a voice vote, all voting aye, Mayor �dee c7eclared the motion carried
unanimously.
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15. ESTIMATES:
h17TI0N by Councilman Fitzp�trick to approve the estimates as subnitteci.
Herrick & Newman, P.A,
6279 University Avenue N.E.
Fridley, NiN 55432
Por legal services rendered as City P,ttorney
for the month of December, 1983
Popham, Haik, Schnobrich, Kaufman & Doty, Ltd.
4344 IAS Center
Minneapolis, MN 55402
For Professional services rendered for
Hazarrlous Waste Processing, January 11, I9II4
E. A. Hickok & Associates
545 Indian Mound
Wayzata, N¢�I 55391
Moore Lake Restoration Pro�ect I $ 566.45
Moore Lake Restoration Pro�ect II $2,197.90
Professional Services �or December 1983
$1,G71.30
$ 577.35
$2,7G�.35
Seconded by Councilman Schneider, Upon a voice vate, all voting aye, Niayor
b7ee declared the motion carried unammously.
16. CLAIMS:
h16^1IOtd by Councilman Barnette to authorize paymer.t oi Claims No. 362500
through 019F22. Seconded by Councilman Sch�7eider. U�on a voice vote, all
voting aye, N�yor Nee declared the motion carrie� unanimously.
16.1 iIPDATE ON LITIGATION RE: HAZAP•DOUS 4TAuTE S�TE DESIGI�TATIOI�7:
Mayor Nee stated the legal firm the City has eng�ged regarcing the
li�igation with �he Waste t�lanagement Boarc;felt an agreement coulc� be macle
with the Board for Fridley to withdraw the litigacion at this tlme,
haaever, it wouldn't preclude the City iram o�enin� up the issue at �
future date.
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M.ayor PTee stated Popham, FIaik, Schnobrich, Kaufnan, & Doty, the leqal £irm
representing the City, felt this would save the City some money and doubte�
iL Fric7ley woulc� have such a facility located zn �his area.
P9ayor A�ee stated he c�iscussed the City's options with the City Attorney.
He stated if the City lost the court suzt, the reason for the adverse
�u�gement may have been the suil- was brought at the �rrong time.
Mayor T3ee statec� he felt they should still proceed with the action, but
would like some feeablck from the Council n�2nbers.
Mr. nTewman, representing the City Attorney's ofPice, stated if the City �
proceeds with the litigation, at this point of time, and the court
di�snisses the action because it is pre-mature, it wouldn't pre7udice the
City in brinqing actxon at another time. He stated if the case stands on
tl�e merits of 1-he cl�im, then the decision would he final,
It was the general concensus of the Council that the City Attorney shoulcl
pursue tk�is case.
Mr. Dlewman stated the reason it wasn't pursued at the time the litigation
was brought was because of P4r. Herrick's position on the Pollution Control
Agency, however, he no longer serves on this board.
Councilman Schnei2eer stated he felt the City hasn't been treated fairly and
would support ex�ending s�ne reasonable sim to protect the interests of the
citizens.
Councilman Fitzpstrick stated he wou1G concur they should have the City
Attorney purs4e the case.
Councilmari N�mermk asked it the City Attorney has an opinion as iar as the
success of the lawsuit.
Mr. Diewn�an statea on the questlon of timeliness, the chances are probably �
50/50. He fe]t the first thing the Waste Management Board would do is to
bring a motion for dismissal because it was untimely.
Mayor Nee stated the Popham law firm stated the legislation prohibits
review, however, the City Attorney doesn't necessarily agree,
[�ayar Diee stated in the opinion of the Attorney General's office there
wasn't any damages, �nd until there is a shaaing of damages, there wasn't a
standing for litigation.
Councilnran Barnette stated he felt they should proceed with the litigation
with the City's own attorney. fIe stated he didn't understand the Attorney
Generzl's opinion that the designation is meaningless.
Mr. Dtewman stated the Attorney Genera].'s offzce is playing the role of
representzng the agency and would do anything they can to prohibit it from
yaing to court,
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� T MEETIN OF A� A�' 2 84 PA E ��' `�
P�ayox Nee stated the �lttorney General's argument was the simple act af
designating the area has no consequence.
Councilman Fitz�trick asked if there was any legislative approach the
Council could pursue. Mayor Nee stated he would certainly check into it
and this was why he raised the question witYa Serk-�tor Frank.
Councilman Hamernik stated he would like to meet with the City Attorney and
have a few questions answered. He stated if they are going to proceed, he
would like the City Attorney to handle the latigation.
� 16.2 CONSIDERATION OF PROPOSID RESOLUTION OPPOSING NORTfIHWESTERN BELL'S TIER
SYSTFI�I 11I�ID PROPOSED RATE INCf2E1�SE•
Councilman Hamernik stated public he�rinqs are being helc in the
metrogolitan area regarding Northwestern Bell's tier system and rate
increase. He requested the Council's support by �doption of a resol�tion
and forwarding it to where the public hearii�gs are l�eing held.
MOTION by Councilman Hamernik that the Au�rn�nistration draft a Resolution
Opposing Northwestern Bell's Tier System anc] Froposed Rate Increase for
adoption at the next Council meeting a��d forwara to the appro�riate
agencies at that time.
8econded by Councilman Fitz�trick. Upon a voice v�te, all voting aye,
Mayor Nee declared the motion carried unani�usly.
16.3 CO�.LSIDERATION OF PROPOSID RESOLUTION IN SUPPORT OF GOVERNOR'S REPORT RE:
WASTE CONTROL COMMISSION:
Councilman fIamernik stated this item was dbscussec� at the last Suburuars
Rate Authority meeting. He stated there were some interesting findings
coming out of the Governor's report and felt it woulc� be in the City's best
interests to pxomote further action regardin,� the Waste Control Comnussion.
� P'�TION by Ceuncilman Hamernik to instruct the administration to draw ur a
resolution for the next meetiny in suppoxt of the Governox's Fteport
regardinq the Waste Control Commission ancl to continue the work starter3 ancl
pursue it further. Seconded by Co�ncilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carr�c-� unanimausly.
� �. �. r i i���
MOTION by Councilman Schneider to ad�ourn the rneekinq. Seconuea by
Councilman Hamernik. Upon a voice vote, all voting aye, i9ayor Nee declarec7
the motion carried unanimously and the Regular Meeta.ng of the Fridley City
Council of 3anuary 23, 1984 ad�ouxned at 8:4L1 p.rr�.
Respectfully submitted, If
� / � � % � � /f�/� '� '
� '-C "-`'�C,� . ! / _ �C.�2Qa'-di L /� , C � �C�,y�t ,! f `i_ �� t .
Yd ° �
Carole Had�ad V Williatt�� Z� Nee
Secretary to the C1ty Council Niayor '
Appro�ed: Februarv 6 1984
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