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03/06/1989 - 00006805THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF � MARCH 6. 1989 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PRESENTATION OF AWARDS OR PROCLAMATIONS: VOLUNTEERS OF AMERTCA WEEK - MARCH 5-12, 1989: GIRL SCOUT WEEK - MARCH 12-18, 1989 Mayor Nee stated he has issued two proclamations, one proclaiming � the week of March 5 through 12 as Volunteers of America Week and the other proclaiming the week of March 12 through 18 as Girl Scout Week. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: l. PUBLIC HEARING ON AN ORDINANCE AMENDING SECTION 4.06 OF THE FRIDLEY CITY CHARTER: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:40 p.m. � �.J' � J FRIDLEY CITY COUNCIL MEETING OF MARCH 6, 1989 PAGE 2 Mr. Hunt, Assistant to the City Manager, stated this is, basically, a housekeeping item submitted by the Charter Commission. He stated in 1985, there was a problem with the City Charter, as it was in conflict with State laws regarding the time for filing nomination petitions. He stated this same thing occurred in 1988 and the Charter Commission felt it would be better to change the language in the Charter to be less speci£ic and the time for filing for nomination petitions should be governed by State law. Mr. Hunt stated the language now in the Charter states that nomination petitions are to be filed "not more than one hundred thirty (130) days nor less than one hundred (100) days before the general election." Ae stated the Charter Commission is recommending that this terminology be changed to read that '�All nomination petitions shall be filed with the City Clerk in accordance with Minnesota State Statutes." Mr. Hunt stated the opinion of the City Attorney is that the State statutes should be followed. He stated it is felt this language would bring the Charter into conformance with State statutes and if changes are again made by the State Legislature, it would not be necessary to have another Charter amendment. No persons in the audience spoke regarding this proposed amendment. MoTION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:44 p.m. NEW BUSINESS: 2. CONSIDERATION OF APPROVAL OF A FINAL PLAT, P.S. #88-03, GLACIER PARK COMPANY ADDITION, BEING A REPLAT OF THAT PORTION OF LOT 3. AUDITOR'S SUBDIVISION NO. 79, GENERALLY LOCATED AT 5110 MAIN STREET N.E., BY API SUPPLY COMPANY: Mr. Robertson, Community Development Director, stated the public hearing on this plat was held on February 27, and it is recommended the Council approve the final plat with the stipulations recommended by the Planning Commission. He stated a resolution for final plat approval will not be submitted until the mylars are reviewed. MOTION by Councilman Fitzpatrick to approve final plat, P.S. #gg- 03, with the following stipulations: (1) park fee for Lot 2 shall be paid at the time a building permit is issued; and (2) a bikeway/walkway easement shall be dedicated to the City and recorded by August 15, 1989. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY CQUNCIL MEETING OF MARCA 6. 1989 PAGE 3 � 3. CONSIDERATION OF DEEDING OF LAND TO THE HOUSING & REDEVELOPMENT AUTHORITY: Mr. Herrick, City Attorney, stated a letter to the City Manager from David Newman dated February 28, 1989, addresses a problem that has arisen as a result of the pending sale of the Fridley Plaza Office Building adjacent to the City Hall. He stated the Housing and Redevelopment Authority has entered into a new lease agreement with the owners of the office building and part of that lease agreement is that the owners of the building will have a non- exclusive right to use the parking ramp that is being constructed. He stated the problem is that it has been found the Housing and Redevelopment Authority only owns the eastern portion of this parking facility and the balance is owned by the City. Mr. Herrick stated the title company for the new owners of the office building have raised an objection and stated the Housing and Redevelopment Authority cannot enter into that agreement because they do not own all the parking ramp and some is owned by the City. He stated the Housinq and Redevelopment Authority cannot lease property to which it is not the owner and the Housing and Redevelopment Authority is constructing a parking structure on progerty which it does not technically own. � Mr. Herrick stated there are several possibilities to correct this situation and one would be to have the City deed that portion of Lot 7 that lies to the east of Lot 8 to the Housing and Redevelopment Authority. He stated this would reserve to the City non-exclusive access for parking, ingress, and egress. Mr. Herrick stated other alternatives would be for both the City and Housing and Redevelopment Authority to enter into a lease agreement with the owners of Fridley Plaza Office Building or the City lease the property to the Housing and Redevelopment Authority and the HRA would then be permitted to enter into a sublease with the owners of the office buildinq. Councilman Schneider raised the question if a portion of Lot 7 was deeded to the Housing and Redevelopment Authority, if part of the Civic Center would then be on HRA property. Mr. Herrick stated this fact has not been considered, but if this is the case, the portion where the Civic Center is located should not be deeded to the Housing and Redevelopment Authority. Councilman Billings stated he would be willing to support the concept of deeding to the Housing and Redevelopment Authority that � portion of Lot 7 that is easterly of the City Hall and retain access over the northerly portion for access to the building. MOTION by Councilman Billings to deed a portion of Lot 7 to the � FRIDLEY CITY CQUNCIL MEETING QF MARCH 6. 1989 PAGE 4 Housing and Redevelopment Authority subject to ingress and egress easements. Seconded by Councilman Fitzpatrick. Mr. Herrick stated the assumption all along was the Housing and Redevelopment Authority owned the parking ramp and they would reserve to the City a non-exclusive right to use the parking ramp. He stated this same right applies also to the owners of the Fridley Plaza Office Building and the public. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 4. APPOINTMENTS: CITY EMPLAYEES: MOTION by Councilman Fitzpatrick to concur with the following appointments by the City Manager: STARTING STARTING NAME POSITION SALARY DATE REPLACES Connie Kampa Crime Prev. Spec Police Dept. (exempt) � Todd Mitchell Patrol Officer Police Dept. (partial exempt) � II $21,144.00 March 6 Martha per year 1989 McDonnel ($1,762/mo.) $22,296.00 March 14 AYthur per year 1989 Groinus ($1,858/mo.) Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claims No. 25145 through 25271. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 6, 1989 PAGE 5 Herrick & Newman, P.A. 6401 University Ave. N.E. Fridley, MN 55432 For Services Rendered as City Attorney For the Month of February, 1989. ... $ 5,431.90 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn 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 March 6, 1989, adjourned at 8:01 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: �,� � / _ ' ,��� William J. Nee Mayor