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09/13/1976 - 00014731THE MINUTES OF THE REGULAR P1EETING OF THE FRIDLEY CITY COUNCIL OF SEPTEP1BER 13, 1976 The Regular Meeting of the Fridley CitV Council of September 13, 1976 was called to order at 7�40 p m. by Mayor Nee. � PLEDGE OF ALLEGIANCE• Mayor Nee led the Council and the audtence in sayinq the Pledne of Alleg�ance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Hamernik, Councilwoman Kukowski, Councilman Starwalt, and Councilman Fitzpatrick. MEMBERS ABSENT None APPROVAL OF MINUTES• REGULAR COUNCIL MEETING OF AUGUST 16, 1976: MOTION by Councilman Starwalt to adopt the minutes of the Regular Meetrng of the Fridley City Council of August 16, 1976 as submitted Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unantmously. ADOPTION OF AGENDA � MOTION by Councilman Hamer m k to adopt the aqenda with the addition of receiving a commum catton from School District �11 reqardinq meeting on Utilization of Community Service Levy Seconded by Councilwoman Kukowski Upon a voice vote, all votrnn aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. UISITORS: P1r. Vern Moen, Chairman of the Board of Springbrook Park Nature Center, 7154 N E Riverview Terrace, addressed the Council and stated that he, alonn with others, were working w�th Dr. Dan Huff and more help was needed The addit�onal help, as he understands it, would come from several CETA employees at no additional cost to the taxpayer, and at thts time, he would ask the City Council for permission to 6e granted for Dr. Huff to use these people at his discretion Councilman Starwalt then asked the staff if a letter from the State Senators was on file with the City indicat�ng that it would be lawful to do what was proposed P1r. P1oen stated that Dr. Huff believed he cauld document this. MQTIDN by Councilman Fitzpatr�ck that CETA employees, as they are available at the discretion of Dr. Huff, are to be used under his direction Seconded by Council- woman Kukowski. Councilman Hamer m k then raised the questior, reqardin� the ethics of City funds being used in the North Park area Councilman Fitzpatrick then commented that the concern here is whether or not City funds are hern� disbursed without being reimbursed, and he felt that City funds are �o � be�n� d�s6ursed Councilman Starwalt questioned the appropriate use of people beina used under the � CETA program as well as the North Park proposal and that there were other sections of the Ctty that could use more attention Councilman Fitzpatrick stated that he had Dr. Huff's recommendation that these people do have the time to work at both North Park and on the CETA pro�ects Councilman Starwalt stated that he had no such recorronendation Councilman Hamernik further commented that there is an aqreement w�th the Springbrook Foundation whereby City funds will not be used and he believed City funds would be used if CETA people are brought �n since the qrant �s for the entire Ctty. Councilwoman Kukowski stated that she never believed the CETA funds were the City's money and that it came from the government Councilman Fitzpatrick *amended 9/ 27/76 �E �,�� REGULAR COUNCIL MEETING OF SEPTEMBER 13, 1976 PAGE 2 stated that the assumption of his MOTION was that they are not Fridley tax dollars. Councilman Hamern�k stated that perhaps t*e anreement should be nullified and approached from a differert an41e Mr. Jack Velin, Director of the Sprinhbrook Nature Foundation commented that the CETA funds are monies to provide ,7obs and not City services UPON A ROLL CALL VOTE, Councilman Fitzpatr�ck votinq aye, Councilman Starwalt voting nay, Councilwoman Kukowski votrno aye, Councilman Hamerm k votina nay and P1ayor Plee voting aye. Playor Nee declared the motion carried three ayes and two nays OLD BUSIPJESS CONSIDERATIOP! OF A REQUEST FOR VAP.IAP�CES TO ALLObI FRONT YARD PARKING AT 390 AND r�iiiiuiv tti"-���v �iniiira iii� rnvr�ni� i�v�iuuw iiru nv w���iivri.� i� iii� �na�iin�i OFF-STREET PARKIPlC IP1 THE FRONT OF 380 57th PLACE N.E. AND 390 57th PLACE N E.• Mr. Dick Sobiech, the Public I�lorks Director, stated that this was initially a request for a variance to allour parkina in the front yard and encroachinq in the public right of way He further stated that the matter was heard before the Appeals Commission and approval of the request was recommended to the City Council. Mr. Sobiech then asked if the petitioners were present to discuss the matter. P•1rs. P1ary Johnson, 621 Qennett Drive PI E, Fridley, ovmer of 380 57th Place PJ.E , ther commented that she did meet wtth the inspector on Thursday, September 9, 1976 and the alternatives as drawn up by the Appeals Commission were disaassed, and at present are not work�nq out well. They still do not have enouah parking places. She further stated that she and P1rs fJeururer, the owner of 390 57th Place Pd E., obta�ned a peti�ion staned by all the neinhtbors, un th one exception. She then proceeded to show the pe±�t�on to the City Council alona with Mrs Neururer, G501 7nz Avenue North, Plinneapolis. f?OTI0�1 bV Councilman Hainer m k to recei�re Petition #1�-1976 on this matter Seconded by Councilwoman Kukowskt. Upon a voice vote, all votina aye, P1ayor Nee declared t"e motion carried unanimously. 4fter some discussion, Councilman Namernik stated that he would not like to see �arkinc on the boulevards and that perhaps by arantinn this request, a precedent aould be set and there� allounng the possibility of simtlar requests in the future. Councilwoman Kukovisk� ±hen stated that she talked w�th the neiahbors and there was no problem. f1r (Ilex Barna, Ar�peals Commission, stated that this was a verv unique circuristance and it vaould not be setting a r�recedent, and that the two bui�dinns in question should be looked at as one situation only. Councilman Hamernik then questioned the �roblem of snow remov�l and ��rs �leururer stated that the drive- ways are always plowed and there has never been any snow build-up. �1a,yor Pdee then asked P9rs P1ary Johnson if she was a��are of the five st�pulations placed on the premises by the Appeals Commission, and she responded she was. P10TIQ"! by Councilman Hamerm k to concur with the recommendations of the Appeals Comm�ssion includinn the stipulations one throuah f�ve to nrant the special use rermit Seconded by Councilwoman Kukowsk� Upon a voice vote, all voting aye, f1ayor Nee declared the motion carried unanimously. CONSIDERATIOfJ OF A PEQUEST FOR VARIAPICE TO ALLOW FP.DfIT YARD PARKIP�G AT 106 77TH llA� PJ.E , PAUL BURKHOLDER TABLED 8/16/76 �"9r Dick Sobiech, Public Works D�rector, discussed the matter statin9 that oriqinally he thougft nerhaps an ac�reement could be worked out wtth the property owner and Barry Blower Company, whereby a portion of the Company's parkin4 lot could be utilized Pir Sobiech then made reference to a letter from the Barry Blower Compar,y statin� that the CompanY's ma�n concern would be the nroblem of their employees park�na lor beinn utilized by others and the dissatisfaction this U�ould create among them, and therefore, declined to aet in.�olved in an anreement with the property owner of the apartment building �1r. Sob�ech then asked if f1r Burkholder vras present and there was no response P10TION by Councilman Fitzpatrick to concur with the unam mous recommendation of the Appeals Commission to qrant the vartance Seconded by Councilman Hamernik Upon a voice vote, all votinq aye, Mayor Plee delcared the motton carried unam mously *amended 9/27/76 � � , L�I � � � � REGULAR COUNCIL MEETING OF SEPTEPIBER 13, 1976 -� = PAGE 3 CONSIDERATION OF FIRST READING OF AN ORDINANCE AP1EPlDING CHAPTER 11, SECTION 11.10 OF FRIDLEY CITY CODE RELATING TO FEES� Mr. Dick Sobiech, Public Works Director, resr�onded to this matter statrnq that the Frnance �irector is basically responsible for Chapter 11 However, most of the special use permit procedures goes throuqh the Public Ulorks Department h1r Sobiech then stated that the special use permit serv�ce prov�ded by the City is variable, varyinq tn cost from one situation to another In order to determine the proper fee, an average of a number of actual appltcations was taken to appropriately determine a fee to charge for this serv�ce Dependinq upon the circumstances involved in a parttcular request, �t could end up with more or less Staff time in processinq the application. However, what was determined was that the special use perm�t requirement for the second accessory buildinas occurred mainly in residential areas, and �n previous cases was 6as�cally a second �araqe. Knoo-�inq tt ts always a second qarage and always in a restdential area, th;s demonstrated to be a more consistent and repetitive type of procedure and did not involve an averaae determination of time and cost, therefore, knowtng also that it did result in a lower amount in cost and Staff time involved in processinn such applications Mr. Sobiech further stated that based on the aforementioned, he felt confident that with the reduction in cost for special use permits for second accessory buildings from �120 to $80, the C�ty's cost would still be covered in processing the appltcattons He also pointed out that based on the City Council's motion at the last meeting, they have begun charging only the aII0 fee and a refund was n�ven to a �revious applicant who paid the $120 fee in antictpation of the recons�deration of the original fee MOTION by Councilman Starwalt to waive the readinn and adopt the ordinance on the fi rst reading which amends Chapter 11, Section 11.10. Seconded b�� Counc�lman Fitzpatrick Upon a voice vote, all votinn aye, Mayor flee declared the motion carried unanimously. NEW BUSINESS� RECEIVING THE MINUTES OF THE PLANNING COMMISSIOPI P1EETING OF AU,UST 18, 197F CONSI�ERATION OF APPEALS COMMISSION MINUTES OF AUGUST 10, 1976 M& I SUPPLY, 60D5 UPIIVERSITY AVEPIUE P1.E.. Mr. Dick Sobiech, Public Works Director, was called upon by Mayor �Jee to discuss the matter. He stated that this was a var�ance rec�uest by M& I Supply located at 6005 University Avenue which consisted of (1) reduce the rear yard setback from 25' to 10', and (2) reduce the side yard setback from 35' to 17' It should be noted that the side yard setback ts presently existing wtth the exist m g structure He also noted that there was qu�te a btt of discussion at the Appeals Commtsston meetrn� of Auaust 10, 1976, however, they did recommend to Ctty Council approval of the variance reauest with stipulations. Mr. Sobiech then noted the stipulations and the expansion plan diagram, which amounted to expandina the bu�ldrnq to the east of the present existtng structure, and that the rear yard setback variance and the side yard setback variance was needed. Playor Nee then asked who was present and P1r Ketroser, Attorne�/ for f1 & I Supply, responded and stated that f1r Benson of Shepherd Construction Company and Mr Holden of h1 & I Supply were also in attendance f1r Ketroser stated that since the matter was censidered by the Appeals Commiss�on, more detailed drawings have been made by an arch�tect concernina the proposed construction To the best of P1r. Ketroser's knowledge, the architect has been in contact with the Engineer's office in Fridley attempting to propose the construction that would comply with the requirements of approval by the Appeals Commission. Mr. Ketroser alonq with P1r. Benson and P1r Holden then proceeded to show several plans to the City Council A�ter some discussion, Councilman Hamerm k raised the question about thc concern of the property owner d�rectly 6ehind as to the view he is qoing to have f1r Ketroser stated that this was a commercial area and that the property owner knew this when he built his horie - _. . REGULAR COUNCIL MEETING OF SEPTEPIBER 13, 197E PAGE 4 Mayor Nee then asked if P1r Barker was present or anyone else on this matter and there was no response Councilman Hamernik stated that althouqh Mr Ketroser, et al, did a tremendous ,7ob in mukinq these plans available to the City Council, he felt that the plans should also be made ava�lable to the Appeals Commission for the�r review in this reaard Mr Plasim Oureshi, the City P1ananer, then sugclested that perhaps more time could be niven in this matter since there were ob,7ections at the Apheals Commission level and the fact that P1r Barker was not in attendance this even�nq, in the hope that some type of solution could be reached. P�OTION by Councilman Hamer m k to table this matter until the meeting of September 20, 1976 Seconded by Counc�lwoman Kukowski Upon a voice vote, all voting aye, Mayor PJee declared the motion carried unanimously. FRIDLEY MEDICAL CENTER, 7675 f1ADISON: Mr Dick So6iech, the Public Works Director, led the discussion and stated that this was a request by the Fridley Pledical Center for variances to the rear yard and front yard setback in order to allow expansion to an existing bu�lding He then made reference to a diaaram on the easel. Ms Vivian Linqutst, Administrator, Fridley Medical Center, then addressed the City Council. She commented that Dr. Herb Strait could not 6e present as he was called away on an emergency Ms. Linquist continued that the apartment buildinq was south and east of their present buildinq and that there was an empty lot between buildings Mr Sobtech stated that the Appeals Commission did recommend approval of the request at their August lOth meetinq. P1s Linquist proceeded to show a survey sheet to the City Council MOTION by Councilman Hamernik to concur with the recommendation of the Appeals Commission and grant the variance. Seconded by Councilwoman Kukowski Upon a voice vote, all votinq aye, Playor Pdee declared the motion carried unanimously. PAKO PHOTO, IPlC., 248 NISSISSIPPI ST , SP #76-12: Mr. flario Fernandez displayed to the City Counc�l a mintature film processing drop-off model structure and stated that the proposed butldinq would be basically the same stze as what was there He further stated that all of the plans have been subm�tted to the buildinq department and they have reviewed them, and after being in contact with them this date, all that was �endinq was the Council's acting upon this. Mr. Sobiech then commented to the Cit,y Council that Mr. Fernandez had agreed to comply with the prev�ous stipulations. P90TION 6y Councilman Hamernik to concur with the recommendation of the Planntng Comnnssion and grant the special use permit with the fi vz stipulations as specified in the Planning Commiss�on's m�nutes of Auaust 18, 1976. Seconded by Council- woman I<ukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee then asked to take item number 6 out of order, and the remainder of the Planning Commission items were discussed later in the meetin4. CO�ISIDERATIOfJ OF APPROVAL OF AGREEPIEPlT BET4IEEN CITY OF FRIDLEY/CARLSON/SKOIN/ ADIERNICAN LEGION FOR USE OF PROPERTY AT 7365 CENTRAL AVENUE PI.E. A�dD CONSIDEP,ATION OF TRANSFER OF LIOUOR LICENSE FOR THE FlPIERICAPJ LEGION CLUB, 1315 RICE CREEK ROAD TO THE FP.OPlTIER CLUB, 7365 CEPlTRFIL AVEfJUE AND ORDERING PUGLICATIOPJ OF ORDINANCE fd0. 6?1 TO AP7EPlD THE CITY CODE OF THE CITY OF FRIDLEY. P1IPIPJESOTA BY PIAKING A CHANGE IM ZOflI�dG DISTRTCTS• Mayor Nee stated that handwritten letters owners ad,7acent to the area which letters parking in their lots and that ii would be were received separately from two property indicated that they will permit overflow in order to receive such letters � � � REGULAR COUNCIL MEETING OF SEPTEMBER 13, 1976 MOTION 6y Councilman 5tarwalt to receive the letters from P1r. 4lalter E Mr. Everett E. Klucas Seconded by Councilwoman Kukowski U�on a voice voting aye, Mayor Nee declared the mot�on carried unanimously PAGE 5 Gustavson antl vote, all P1r Sobiech then proceeded to discuss the matter, statinn that the first item was the agreement of the previous dtscussion wtth the property owner and the potent�al renter of the property, the American Legion, reqardin4 requ�rements allowing the � American Legion to proceed with their operation One of the requirements bern� that the property be rezoned; as it was indicated that with the Le�ion's operation, they would have potentially acertain num6er of people in the Club wh�ch would exceed the origtnal zom ng requtrement. Mr. Sobiech also stated that the City Council had approved the rezoning on the second reading and ordered publication upon working out with the American Legion and the owner, an a�reement whereby certain improvements would be done and certain parkina areas would be made He referred to the final agreement now before the City Council for consideration Mr. Sobiech suqgested that it would be in order to approve the execution of the aqreement on behalf of the City. � � MOTION by Councilman Starwalt to enter into the aqreement as presented Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all vot�ng aye, Playor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to publish Che rezoninq Ordinance No 621 Seconded by Councilman F�tzpatrick. Upon a voice vo±e, all vottnq aye, �1ayor Nee declared the motion carried unanimously. MOTION by Councilman Starwalt to authorize the transfer of the liquor license for the American Legion from 1315 Rice Creek Road to 7365 Central Avenue when the Certificate of Occupancy has been issued Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, P9ayor Nee declared the motton carrted unam mously CONSIDERATION OF A REQUEST FOR TRANSFER OF SPECIAL USE PERMIT SP #73-1� AfID Mr Dick Sobiech, the Public Works Director, then expla�ned that the property has exchanged handssince the previous special use permit approval and the ex�stinq petit�oner was unaware of the need for a transfer of such a permit He further commented that the petitioner has 6een advised of what had been prev�ously aporoved, and requested from him his understanding of the previous stipulat�ons Mr Sobiech asked if he still w�shed to proceed, and as noted in the petitioner's letter, he does wish to proceed. Mr. Alvan L. Schrader then addressed the City Council and reiterated what was stated in his letter dated September l, 1976 MOTION 6y Councilman Starwalt to approve the request with the previous stipulat�ons Seconded by Counctlwoman Kukewski U�on a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously RECESS Mayor Nee called a recess at 10:01 p.m. RECONVENED: P1ayor Nee reconvened the meettng at 10•15 p m RESOLUTION NO 85-1976 - ADUERTISE FOR 6IDS - PACKAGE PROPERTY AND CASUALTY If1SURANCE P4r. Marvin Brunsell, have several bidders bids were either the this happen�ng again the Finance Director, discussed the matter stat�nq that we d�d the last time and there was a problem at that ttme because the same or about the same, and Mr Brunsell was uncertain about Mayor Nee then asked P1r. Brunsell if we,periodtcally, make an analysis of what is needed? Mr. Brunsell replted they do make such an analysis and that this is part of the services of the consultant. P1r. �im Black, 7824 Alden Way N E., Fridley, ra�sed the questton of how much the City is nayinq the consultant Mr. Qrunsell �esponded that it was a modest amount. � _ I REGULAR COUNCIL MEETING OF SEPTEP16ER 13, 1976 PAGE 6 Mr Black stated that to hire a consultant was qoinq beyond the steps necessary to do a good �ob and that the Staff of the City should have someone on a management level to qualify to do the analysis MOTION by Councilqoman Kukowski to adopt Resolution No. 85-1976. Seconded by Councilman Starwalt Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously. CONTINUATION OF RECEIVING THE PLANNING COP1MISSIDN MINUTES OF AUGUST 18, 1976 � HUMAN RESOURCESCOPIMISSION 1977 BUDGET REOUEST �E,000 FROP1 1977 BUDGET FOR HUMAN DE�ELOPP1EPlT MOTION by Councilwoman Kukowski to receive the recommendation of the Human Resources Commission Seconded by Councilman StarN�alt Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried unanimously. ASSURANCE MFG CO., 7753 BEECH STREET, SAV �'76-05• MOTION by Councilman Fitzpatrick to set the public hearing on Octo6er 18, 1976. Seconded by Councilwoman Kukowsk�. Upon a voice vote, all votinq aye, P4ayor fdee declared the mot�on carried unanimously MOTION by Councilman Fitzpatrick to receive the minutes of the Plannrnq Commission meetinq of August 18, 1976 Seconded by Counc�lwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. RECEIVING THE P1IfJUTES OF THE CA6LE TELEVISION f1EETIPIG OF AUGUST 11. 1976• �10TION by Councilman Hamernik to receive the minutes of the Cable Television meeting of Aunust 11, 1976. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � COPlSIDERATIOfI OF INSTALLATION OF STREET LIGHT OP� 3RD STREET BETWEEN 53RD AVENUE AfJD HORIZON DRIVE• Counc�lman Fitzpatrick led the discusston and made reference to the map stating that at the south end of 51st Ave'nue and 3rd Street there are two liqhts very close to�ether because the intersections are close toqether, as well as other similarly specified areas on the map Ne further stated that he has had stronc� requests for this for qu�te some time. P1r Sobiech, Public l�lorks Director, then commented that with the leveling off of a d�rt pile ad,7acent to a particular restdent's property, the resident called the City and inquried what had happened, and Mr Sobiech explained that there was goinq to be construction of single family homes. He sugnested to the City Council that in view of the construction of the stnqle family dwellings and with P1rs Plovak's acknowledqement (the resident), perhaps the matter could be reviewed actain in six months Councilman Fitzpatrick agreed with this proposal P1r Oureshi, City Planaqer, thus added that if this request is made availabe here, then it must be made available someplace else. MOTION by Councilwoman Kukowsk� to ta61e the matter until after the holidays Seconded by Counctlman Hamer m k. Upon a voice vote, all votina aye, Playor Nee declared the motion carried unanimously COPlSI�ERATION OF DELEGATING AUTHORITY FOR GRANTING PERMITS TO CONSUP9E NON-IPJTOXICATING LIQUOR IN CITY PARKS MOTION by Counc�lman Starwalt to approve the delegation for qrantinq permits � Seconded by Councilwoman Kukowski Upon a voice vote, all vottng aye, Mayor Nee declared the motion carr�ed unanimously DISCUSSION REGARDIPJG ENGINEERING STUDY OF RICE CREEK AND LOCKE LAKE: P1r. Nasim Qureshi, C�ty P1anager, made reference to his memo to the City Council; and stated if there is the desire on the City Counc�l's part to have a fairly comprehens�ve study of the problems and Enaineerinn solutions, this study will provide it. Ne said that, basically, everyone knows what the problems are and reasonable Engineerina solutions alonq with their method of fund�nq the solution, are what is needed P70TION by Councilwoman Kukowski to authorize the City to purchase services up to $1,200 for the study of erosion control of Rice Creek and Locke Lake Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor PJee declared the motion carried unam mously CJ � � REGULAR COUNCIL FIEETIMG OF SEPTEf1BER 13, 1976 CONSIDERATION OF APPRO�AL OF JOIPJT � d PAGE 7 HE CITY OF SPRING LAKE NG MOTION by Councilwoman Kukowski to approve the ,7oint power anreement with Spr�ng Lake Park. Seconded by Councilman Starwalt. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT FOR STREET TRAFFIC SIGNS, SIGN REPLACEMENT nnnnnnne nrn nnr�iTni� ��.on n nn lllllYlCT on in�c Mr. Dick So6iech, Public Works Director, stated that it is recommended that the contract be awarded to the low bidder, that being Lyle Signs, Incorporated MOTION by Councilwoman Kukowski to a�vard the contract to Lyle Siqns, Inc., �n the amount of $22,064 10 Seconded by Counctlman Starwalt Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously COPlSIDERATION OF APPROVAL OF A SIGN TO BE INSTALLED BY THE NATURALIST DEPARTP1ENT, "WEST MOORE LAKE �UNES NATURAL HISTORY AREA" MOTION by Councilman Starwalt to approve the siqn Seconded by Councilwoman Kukowski Upon a voice vote, all votinq aye, P1ayor Mee declared the motion carried unanimously RESOLUTION N0. 86-1976 - ORDERING PRELIMIPJARY PLANS, SPECIFICATIOf1S AflD ESTIP1ATES OF THE CDSTS THEREOF STREET IP1PROVEMENT PROJECT ST. 1977-1 APlD ST 1977-2 P15AS) P4r. Dick Sobiech, Publtc Works Director, stated that they were resnondinq to a petition from some of the property owners. He further stated that the resolution allows Staff to prepare a preliminary report outltninq the construction costs involved in any of the �mprovements, and any and all fees involved in th�s, and that a preliminary report would be forthcoming in approximately three to four weeks MOTION by Councilwoman Kukowski to adopt Resolution Plo f36-1976 Seconded by Councilman Hamerntk Upon a voice vote, all vot�n� aye, Mayor Plee declared the motion carried unanimously RESOLUTION NO 87-1976 - TRANSFERRING EXPENSES FROP1 SEWER, WATER AND STORM SEWER IMPROVEMENT PROJECT NO 119 TO THE ST 1976-1 STREET IPIPROVEPIENT PRO�ECT MOTION by Councilwoman Kukowski to adopt Resolut�on No. 87-1976 Seconded by Councilman Hamerm k Upon a voice vote, all votina aye,^�ayorPlee declared the motion carried unanimously RESOLUTION N0. 88-1976 - CANCELLING SPECIAL ASSESSr1ENT PAYMENT DUE IPl 1971 OPI PARCEL 20, N.34.68 ACRES OF NE'4 OF SECTION 3 Mr Marvin C. Srunsell, the County to clear the been paid by the C�ty. Finance Director, stated that the resolution would authorize assessments from their records, which assessments have already MOTION by Councilman Hamernik to adopt P,esolution No 88-1976. Seconded by Council- woman Kukowskt Upon a vo�ce vote, all votinq aye, Playor Nee declared the motion carried unanimously. RESOLUTION N0. 89-1976 - DIRECTIPIG PREPARATIOPI OF THE FIf1AL MOTION by Councilman Starwalt to adopt Resolutton No 89-1976 Seconded by Councilwoman Kukowski Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously RESOLUTION NO 90-1976 - �IRECTING PUBLICATION OF HEARIN(; ON THE PROPOSED ASSE nni i rnn Tur TnrnrnnrniT nnin nrnnnvni nr Tnrrc �n�c MOTION by Councilman Hamer m k to adopt Resolution No 90-1976 Seconded by Council- woman Kukowski. Upon a voice vote, all votin4 aye, Mayor Plee declared the motion carried unanimously. �ril� � _ J:a REGULAR COUNCIL P9EETING OF SEPTEMBER 13, 197F PAGE 8 RESOLUTIOfJ NC 91-1976 - P1AKING A TRAPISFEP. FROP1 THE PU6LIC UTILITY FUND TO WFlTER R SFWFR RFVFf111F Rf1Nf1 FIINfI. Id-7F IdATFR I+If1RKS TP1PR(11fFP1FNT P(1PJf1 FIINf1_ WATFR- OF 1970 P10TION by Councilwoman Kukowski to adopt Resolut�on fJo. 91-1976 Seconded by Councilman Hamernik Uaon a voice vote, all votinn aye, Playor ^lee declared the motion � carried unanimously. RESOLUTION NO 92-1976 - AUTHORIZING APJD DIRECTING THE SPLITTIf1G OF SPECIAL ASSESS- P1FNTS OPl PPRCEL 225, AUDITOR'S SUB N0. 92, AP7� REPLATTING IFdTO ZAPID ER'S 1ST ADDITION: MOTION by Councilman Starwalt to adopt Resolution No 92-1976 5econded by Councilwoman Kukowsk�. Upon a votce vote, all votin� aye, f1ayor Nee declared the motton carried unam mously. IOfJ ND 93-1976 - AUTHORI7IPlG AND DIRECTING OF SPECI{lL LS 17D, 210 AND MOTIOPJ by Councilwoman Kukowski to adopt Resolution No 93-1976. Seconded by Councilman Hamernik. Upon a voice vote, all vot;nn ave, Playor Nee declared t�e motion carried unanimously. P.ES4LUTION N0. 94-1976 - AUTHORI7ING AND DIRECTING THE SPLITTIPlG DF SPECIAL ASSESSMENTS ON LOT 39, PAP.CEL 5600 , AUDITOR'S SUB N0. 77 REV APJD P,EPLATTING IfJTO LEIGH TERRACE P10TION by Councilman F�tzpatrick to adopt Resolutton Plo. 9n-1976. Seconded 6y Councilwoman Kukowski Upon a vo�ce vote, all votin� aye, �1ayor PJee declared the motion carr^ed unanimouslYf^n^ n"^.T^^,r r"^ „' ^„ ^.'^ ^f^' nTT..'^ ..'T^ � RES(3LUTION N0. 95-1n75 - AUTHORIZIPlG AMD DIRECTIfIG THE SPLITTIP�G OF SPECIAL ASSESS- Pd P10TIOf1 by Councilman Fitzpatrick to adopt Resolution flo. 95-1P76. Seconded by Councilwoman Kukowski. Upon a voice vote, all votinn aye, f1ayor Plee declared the motion carr�ed unanimously CLP,Ir9; MOTIOP! by Councilwoman Kukowski to pay the Claim Plo's 1643� - 1F836 Seconded by Councilman liamernik Upon a voice vote, all votinn aye, P1ayor Nee declared the motion carried unanimously ESTIP1ATES Allied �lacktop 3601 48th {�venue North Minneapolts, Minnesota 55n29 FIfdAL Estimate ;'1 for Street Improvement Pro,7ect St 1976-10 (Sealcoat) according to contract NDH Asphalt Co., Inc 5a00 PlIJ Industry Avenue Anoka, �linnesota 55303 PARTIAL Estimate �3 for Street Improvement Pro,7ect St 1976-1 Weaver, Tal]e & Herrick 6279 Umversity Avenue fd.E. Fridley, f1innesota 55a32 For Services Rendered as City Attorney for {lunust, 1976 $9,841 72 $7,279 95 $1,150.00 � REGULAR COUNCIL P4EETING OF SEPTEPIBER 13, 197E Smith, Juster, Feikema Suite 1250 Butlders Exchange Buildinq Minneapolis, P1innesota 55402 For 5erv�ces Rendered for Prasecutton Work for Auaust, 197F $1,458 75 PAGE 9 � MOTION by Councilman Hamer m k to approve the estimates as submitted Seconded by Councilwoman Kukowski. Upon a voice vote, all votina aye, f1ayor Nee declared the mot�on carried unantmously. LICENSES AN� CONSIDERATION OF ORDIPJANCE ENTITLED "SEXUAL CDPIDUCT" MOTION by Councilman Hamer m k to approve the licenses as submitted and on f�le in the License Clerk's Office, with the exception of the Cantabury Pub's licenses which are to be tabled to the next meetinq. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, P1ayor Nee declared the motion carr�ed unan�mously P10TION by Councilwoman Kukowskt to entertain the consideration of an ord�nance pertaintnc to the regulations prohibitinq certain sexual conduct in premises licensed to sell intoxicating liquor and non-rntoxicatinq malt liquor Seconded by Ccuncilman Hamerntk. Upon a voice vote, all votina ave, P1ayor Plee declared the motion carried unanimously MOTION by Councilman Starwalt to waive the read�nct and adopt the ord�nance upon the first reading establishing Chapter 607 to the Fridley C�ty Code entrtled "Sexual Conduct". Seconded by Councilman Hamer m k Unon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously RECEIVINB COMPIUNICATIOPd FROP1 SCHOOL DISTRICT #11 REFP,RDIPIG �1EETIPJ6 OPd UTILIZATIOfJ � Councilwoman Kukowski volunteered to attend the ineetin� as a representative of the City Council. Because tt ts on the same eveninq as the next Council meetinq, she may arrive at the Counctl meetinn a little late � ADJOURNP�ENT • MOTION by Councilwaman Kukowski to ad�ourn the meet�nq. Seconded by Counc�lman Hamerm k. Upon a Voice vote, all votinq aye, h1ayor Nee declared the mot�on c�rr�ed unanimously and the Regular Meetinn of the Fridley City Council of September 13, 1976 ad,7ourned at 1 Ol a.m Respectfully submitted ��v�� � ���� Dorothy C. Green Council Secretary Approved• as amended 9/27/7b C���;� �,� ? blilliam J flee � Mayor