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08/18/1980 - 00013469� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 18, 1980 The Regular Meeting of the Fridley City Council was called to order at 7�33 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. RQLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None PRESENTATION OF AWARD: AN� PLANNI Mayor Nee stated the Council relies on a number of c�tizen commissions to help process many of the questions that eventually come before the Council and th�s evening they wished to express their grat�tude to Jim Langenfeld Mayor Nee stated Jtm Langenfeld has been active for many years, both on the Environmental Quality Commission and Plamm �g Commission and al,o the pro,7ect committee on energy. He stated Jim has decided to retire from this type of commum ty service and the Council wishes to express their appreciation. Mayor Nee read the inscription on the certtficate of appreciation which was then presented to Mr Langenfeld and all the members of the Council expressed their thanks to him. Counc�lman Barnette also noted that Jim Langenfeld spent a lot of time with the Islands of Peace Foundation and was a great contributor. Mr. Langenfeld stated he appreciated this recognition and commented it was strange what people say about government and seem to tear it dovan. He felt, when you want to know what is "cooking", get involved. He stated he is not running away from the involvement and there were happy times and times when he didn't agree. He stated he felt he d�dn't have the drive and enthusiasm to serve any longer on the Commission, but hoped, in the years io come, he can serve in unother' capacity to help better tne C�ty. APPROVAL OF MINUTES REGULAR MEETING, AUGUST 4, 1980. MOTION by Councilwoman Moses to approve the minutes as presented. Seconded by Councilman Schne�der. Upon a voice, all vot�ng aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARING MEETING, AUGUST 11, 198D: MOTION by Councilman Barnette to approve the mintues as presented. Seconded by Councilman Fitzpatrick. Upon a votce vote, all voting aye, Mayor Nee delcared the motion carrted unanimously. ADOPTION OF AGENDA: Councilman Schneider requested the following item be added to the agenda. "Consideration of a Resolution Authorizing Amendment to the Joint and Cooperative Agreement with the Suburban Rate Authority" :` � 1 rY-� �/ _{i1G REGULAR MEETING OF AUGUST 18, 1980 PAGE 2 MOTION by Councilwoman Moses to adopt the agenda w�th the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: PETITION CIRCULATED BY MR. RICHARD KREGER RE BLOCK PARTY. Councilwoman Moses stated a pet�tion was circulated by Mr. Kreger for a block party and the concern the City has is perhaps this petition was circulated with the understanding it would be a block party and only �nvolve the persons that live in this neighborhood. She stated, however, a flyer has come out and it appears the party would involve more than �ust the neigh- borhood persons. She stated people attending this party would be asked to park in Holly Shopping Center and I. D.'s would be checked, which indicates there would be persons attending from outside the neighborhood. Councilwoman Moses stated, in looking at the petition, only seven ne�ghbors signed who live on Rice Creek Terrace and two have sig�ied who 17ve on 2.nd Street. She stated several persons have asked that their names be removed from the petition, which leaves only five persons on R�ce Creek Terrace who have signed and two on 2nd Street. Mr. Robert Coffey, 6731 2nd Street, asked h�s name be removed from the petit�on. Councilman Barnette asked if it was his understanding this would be a block party. Mr. Coffey stated h1r. Kreger stated he would be inviting some of hts friends, but is opposed to the party, as proposed, and didn't think it should be alloweG as the area is small. He stated he would l�ke to see the party cancelled. Mrs. Connie Wagner, 181 Rice Creek Terrace, stated she signed the petition, with the understanding it was to be a neighborhood party, and felt she was mislead and requested her name be removed from the petition. Mr 1lirgil Mullins, 191 Rice Creek Terrace, requested his name be w�thdrawn from the petition as he also felt he was mislead. Mr Harold Kendrick, 180 Rice Creek Terrace, requested his name be removed from the petition for the same reason, as he thought it was to bc a local block party. Mr. Bert Wilm, 211 Rice Creek Terrace, requested his name be withdrawn also from the petition. Mr Quresh�, Ctty Manager, stated there is a form given to person who seeks to have a neighborhood party and they agree to certain conditions and the City supplies them with a barricade and informs the Pol�ce Department, and th�s has worked well in other areas. He stated they presumed th�s was to be the same type of party, however, when the flyer came to his attentrion, Mr. Kreger was contacted and informed of the City's concern and requested him to be here this evening before the Council to explatn the nature of the acttvity. He stated f4r. Kreger had ind�cated he would be in attendance. Mr. Coffey stated Mr Kreger had informed him he wouldn't be attending this evening Mr. Quresh� stated a letter was sent to the neighborhood home owners, with a copy of the flyer, and advised them if they wished to comment on the activ�ty to be present this evening. Mr. Qureshi stated tt appears there was m�sinformation and the opinion of the Police Department was it is more of a rock festival which would come under licensing and fee imposes. He pointed out that most of the persons who have signed the petition, requested their names withdrawn. No persons in the audience spoke in favor of this party. , � � � tl ,� A REGULAR MEETING OF AUGUST 18, 1980 PAGE 3 Mayor Nee stated the Council encourages regular block par�ies in the neigh- horhood, however, this one did seem quite extreme and not consistent with others. P1r. Herrick, City Attorney, felt any person sponsoring a party of this nature would be incurrtng a substanttal legal liability. He pointed out with that quantity of beer and if a person was served while he was intoxicated and there was an accident, they would sue the persons sponsoring the party � MOTION 6y Councilwoman Moses to deny the permits for the party, as submitted by Mr. Kreger. Seconded 6y Councllman Barnette. Mrs. Wagner stated they expect to be out of town on the date when this party was planned and questioned, w�th the flyers out, if there would be any trouble. Mr. Quresh� stated the Poltce �epartment would be advised the permit for the party has not been approved and ask them to patrol and mon�tor the area. UPON A YOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. WEATNERIZATION PROGRAM - KATHY BROWN, ANOKA COUNTY COMMUNITY ACTION: Kathleen Brown, w�th the Anoka County Community Action Program, appeared before the Council regarding the weatherization program. She stated she has contacted all sen�or cit�zen groups in the County, however, there are other persons who may be eligible for assistance in weatherization of their home and they are trying to reach these individuals. Ms. Brown explained the purpose of the program is to try and conserve energy for the future. She stated she knows there are persons in the County that need this help and are not aware of the program and requesied the Council's assistance to inform persons who may be eligtble � Counc�lwoman Moses suggested some flyers 6e left at the library and also distributed at the energy fair Mr. Quresh�, City Manager, stated the City does have a Human Services Specialist and these flyers would also be circulated to the proper personnel. NEW BUSINESS� DISCUSSION OF CHANGES TO NUISANCE ORDINANCE: Mr. Flora, Public Works Director, stated, after review of the nu�sance draft ordinance by the City Prosecutor, Mr. Newquist and the City Attorney, Mr Herrick, only a few items were not specifically addressed in the City's ex�sting codes and these items have been incorporated into changes to the Code, Chapters 18 and 110. Mr. Flora explained the first ordinance, as shown on Page 1A of the agenda book, is now covered in existing Code 11D, however, it was felt it would be more appropr�ate to have th�s section concerm ng construct�on works hours and alternate hours work permit under Chapter 18, the construction and building co de. He stated 7n the ordinance, as shown on page 1B of the agenda book, five �tems that were not previously addressed in the code have been incorporated into Public Nuisance, Chapter 110. Mr. Flora then reviewed the five items covered � under Section 110.01. Both Councilman Barnette and Councilman Schneider questioned the matter of - storage of vehicles and under what ord�nance they would be regulated Mr Flora explained they would fall under the ,7unk vehicle ordinance, �f they are not licensed. ���%i REGULAR f4EETING OF AUGUST 18, 1980 PAGE 4 Counc�lman Schneider questioned if they are a licensed vehicle, but not in use, if they would come under the public nuisance ordinance. Mr. Herrick, City Attorney, explained, in order to be a public nu�sance, it has to be something that adversely affects the health, safety or welfare of a sub- stantial number of people. He stated, if the City can develop rationale that would support that test, then it might be something the City would attempt to get action on or an opinion from the court. Councilman Schneider asked, when you speak of the public health, safety or welfare, can �t be interpreted to include the lowering of property values. Mr. Herrick felt this would fall under what would be considered a private nuisance. He pointed out a public nuisance affects a substantial number of the public and it is a crime or m�sdemeanor, and a private nuisance is a civil act�on brought by the party that is adversely affected. Councilman Schneider asked Mr. Herrick if he had any problem with the wording of the ord�nances as they are submitted here this evening Mr. Herrick stated he was satisfied with the changes and the key is that it is defi m ng a public nutsance as one that is affecttng one or more people. ON Of FIRST READING OF AN ORDINANCE AMENDING CHAPTER 18 OF THE CITY DLEY BY ADDING SECTIONS 18.10, CONSTRUCTION WORK HOURS AN� 18.11, MOTION by Councilman Schneider to waive the reading and approve the ordinance upon ftrst reading. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST REA�ING OF AN OR�INANCE ESTABLISHING A NEW CHAPTER 110 OF THE FRI�LEY CITY CODE ENTITLED PUBLIC NUISANCE AP�D REPEALING PRIOR CHAPTER 110 MOTION by Councilman Schneider to waive the readin9 and approve the ord�nance upon fi rst reading. Seconded by Councilman Barnette. Upon a voice vote, all voiing aye, Mayor Nee declared the motion carriend unanimously. Councilman Schneider thanked Mr. Flora and the staff for their work put into these ordinances. DISCUSSION OF REMOVAL OF BOAR�E� UP RESIDENCE, 1632 RICE CREEK ROAD, LEVY F Mr. Flora, Public Works Director, stated an investigation was made at the property at 1632 Rice Creek Road for the posstbiltty of a nuisance. He stated this is a boarded up, abandoned single family residence which also contained for licensed vehicles on the property. P�r. Flora stated the City has not been able to obtain entrance to the dwelling, however, Mr. Phillips was sent a letter asking him to meet with the City per- sonnel at the site, but the C�ty sttll has not been able to contact him. Councilman Schneider asked if Mr. Phillips was aware this item was to be dis- cussed this evening. Mr. Qureshi, City P1anager, stated he was not advised the item was on the Council's agenda. He felt the City should develop a course of action and then adv�se him accordingly. Councilman Schneider stated the property is generally maintained on the outside and the grass is cut, 6ut questions, because of the age of the structure and lack of upkeep, whether there is a safety hazard involved. He questioned how the City would ga�n access to determ�ne if there are any problems. Mr. Herrick, City Attorney, stated the fact that the house isn't occupied probably would l�mtt the agreement whether it �s fit or unfit for habitation. 1 , ' ;� REGULAR MEETING OF AUGUST 18, 1980 PAGE 5 He stated he would have no problem if the City were to post the building saying occupancy is prohibited until the property �s inspected 6y the C�ty. He stated the City staff shouldn't go into the structure, without permission of the owner, or a search warrant from the court. h1r. Herrick po�nted out, in order to obtain a search warrant from the court, someone will have to sign an affidavit show�ng cause why the �udge should issue that warrant. Councilman Schneider stated there are other properties in the Ctty which are �n a"boarded-up° situation and asked Mr. Nerrick if he was aware of any communit�es , that have ordinance agatnst keeping properties in this state. Mr. Herrick stated he seemed to recall that the City of Minneapolis stated they wouldn't take action against properties simply because they were boarded-up. Councilman Schneider questioned if State legislation had passed regard�ng in- spection of cesspools and septic systems by the State or local commun�ttes to tnsure that graund waters weren't being polluted. Mr. Herrick stated he would check into this matter further. Counc�lman Schneider stated, if nothing can be done at th�s point, he wished staff to keep on top of the matter and make whatever inspections that can be 1 made wtthout entering the property, and if there is a probable cause to bring it back to the Council. RECEIVING PLANNING COMMISSION MINUTES OF AUGUEST 6. 1980: MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commiss�on Meeting of August 6, 1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. CONSIDERATION OF APPROVAL OF JOINT POWERS AGREEMEP�T PROCESSING THE LIQUOR rmvrnirnnv cvcTrnn. Mr. Brunsell, City Clerk, state the City has used the City of Anoka system to process its liquor tapes and liquor inventory report. He requested the Council � considered entering into this ,7oint powers agreement with the City of Anoka for these services. MOTIDN by Counctlman Fitzpatrick to approve the ,7oint powers agreement with the City of Anoka for processing the liquor inventory system. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unan�mously. CONSIDERATION OF NURSERY STOCK BIDS(OPENED AUGUST 4, 1980, 11:00 A M.) Mr. Quresh�, City Manager, stated bids were opened on August 4 for the Park Department's nursery stock and only two bids were rece�ved. He stated the Park Department has revised the specificattons, therefore, it is recommended these bids be re,7ected, and to readvertise with the hopes of getting more response. MOTION 6y Councilwoman Moses to re,7ect the bids received on August 4, 198D, from Dundee Nurseries and Mtckman Brothers Landscaping for nursery stock and authorize the readvertising for new 6ids. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF TENNIS COURT LIGHTING PROJECT BIDS (OPENED JULY 18, 1980, 2 00 P.P1 Mr. Qureshi, City Manager, stated the low bidder for the tenm s court lighting was Bacon Electric for the Sylvania HIF 1000-107 system in the amount of $17,381.00, � and it is recommended this bid 6e accepted Councilman Schneider asked �f there is a difference �n energy effi ciency ln this system, as compared with the others. Mr Quresh� indicated this �s probably the reason for installing this system, however, he would check �nto rt further �-s �i REGULAR MEETING OF AUGUST 18, 1980 PAGE 6 MDTION by Councilman Schneider to receive the following bids and award the b�d to the low bidder, Bacon Electric for the Sylvania HIF 1000-107 system in the amount of $17,381. TOTAL COfJST. TOTAL CONST. COST UTILIZING COST UTILIZING SYLUANITA HIF GUARDIAN LIGHT VEN�OR BID BON� 1000-107 064-2114-104 Bacon Electric TRANS- 6525 Central Ave N.E. AMERICA Fridley, MN 55432 5% �a17,381.00 $22,584.00 TQTAL CONST. COST UTILIZING APPROVED EQUAL Hubbell SLG- 163-4024C Luminaire $17,494.00 Conservative Systems 2520 Lowry Ave. No. Hartford Hubbell Mpls., P4N 55418 5% $21,780.00 $20,690.OD $20,740.OD Seconded by Councilman Barnette P1r. Qureshi po�nted out the School Board made the decision for the lighting, with the understanding the City assumes the respons�bility for maintenance. Mayor Nee questioned if this was an appropriate use of funds to provide the lighting. He stated he has been checking the courts in the last week and hasn't seen the useage. Councilman Qarnette felt the courts receive very heavy use, however, because it is late in the season, this may be tapering off. He stated in June and July the tenm s courts are heavily used. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee de- clared the motion carr�ed unanimously. RESOLUTION N0. 90-1980 AUTHORIZING SIGNIfJG AN AGREEMENT ESTABLISHING LOCAL WORI:ING CONDITIONS FOR CERTAIN EMPLOYEES REPRESENTED BY LOCAL N0. 49, AFL-CIO PUBLIC WORKS AND PARKS FOR THE YEARS 1980 and 1981• MOTION by Councilman F�tzpatr�ck to adopt Resolutton No. 90-1980. Seconded by Councilwoman Moses. Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. RESOLUTION N0. 91-1980 ADVERTISING FOR BIDS OF SPRINKLING SYSTEM IN THE COMMUNITY PARK: MOTION by Councilman Schneider to adopt Resolution No. 91-1980. Seconded by Counctlman Barnette. Counctlwoman Moses asked if this system would be for the Community Park on University and when they would be grading tnis area. Mr. Flora, Public Works ��rector, indicated they would be purchasing the mater�al now and tf the area can be graded, the second part, or installation, can be awarded. He explained if this cannot be done, it would be installed next year, however, the City would have the materials on hand. Councilwoman Moses questioned if this was something that was planned for in the budget. Mr. Flora stated the program is to eventually install the sprinkling system in all the ma,7or parks. Councilwoman Moses questioned if any part of this system would have to be re- moved, if a building were constructed. Mr. Flora stated the system would not be in the area whene the bui7ding may be constructed, but where the four diamonds are located. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. , , � REGULAR MEETING OF AUGUST 18, 1980 PAGE 7 CONSIDERATION OF AN APPOINTMENT - ENUIRONMENTAL QUALITY COP4MISSION. MOTION by Councilman Fitzpatrtck to table this item to the next regular meeting Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously LICENSES: MOTION by Councilman Barnette to approve the licenses as submitted and as � on file in the License Clerk's Office. Seconded by Councilwoman Moses. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously, � � CLAIMS: MOTION by councilman Schneider to author�ze payment of Cla�ms No. 207M19 through 227W15. Seconded by Councilman Barnette Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted, with the change on Page 12A, which should be �160.00, (4 hrs. x$40/hr.) instead of $12D.00. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously Talle, Herr�ck, Munns & Goodrich 6279 Untversity Avenue N.E. Fridley, Minnesota 55432 For legal services rendered for the month of July, 19II0 Smtth, �uster, Feikema, Pfialmon & Naskvitz 1250 Builders Exchange Bldg. P4inneapolts, ��iinnesota 55402 For legal services rendered as Prosecutor during �uly, 1980 Eugene A. Hickok and Associates, Inc 545 Indtan Mound Wayzata, Minnesota 55391 Professional Services - July, 1980 for Moore Lake Monitoring Comm�ssioner of Transportation State of P4inn. Dept. of Transportation Financial Administration Section 461 Rtce Street St. Paul, Minnesota 55103 Traffic control stgnal-intersect�on of 53rd and Hwy. No. 65 RESQLUTIQN N0. 92-1980 AUTHQRIZI $1,923 35 $2,620.00 $ 425.00 $7,235.56 AND COOPERATIVE Councilwoman Moses stated the Metropolitan Waste Control Commission had a presentation on their future expans�on and what it would cost per user She stated, at a meeting w�th Suburban Rate Author�tv, there was discussion that there should be some way of �,ontrolling the Metropolitan Waste Control Commission and it was felt this amendment was one that should be added. ca�r� .�r ���_� REGULAR MEETING OF AUGUST 18, 1980 PAGE 8 MOTION by Councilman Schneider to adopt Resolution No. 92-1980. Seconded by Councilwoman Moses. Mr. Qureshi asked if there was discussion about what obl�gation they were looking for �n rnonetary terms Councilman Schneider stated the Assoc�ation of Metropolitan h1um cipalities quest�ons who watches the rates the Metropol�tan Waste Control Commiss�on is charging. UPON A VOICE VOTE TAKEPd ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried una m mously. ADJOURNMENT MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee decla�°ed the motion carried unanimously and the Regular Meeting of the Fridley City Council of August 19, 1980 ad,7ourned at 8 50 p. m. Respectfully submttted, ��� �--���°1--� - Carole Haddad Secy. to the City Council Approved: September 8. 1980 ����� � William J Mayor 2� Nee � , �