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04/18/1977 - 00014548L_J ' � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 18, 1977 The Regular Meeting of the Fridley City Council of April 18, 1977 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 �4EMBERS ABSENT PRESENTATIONS: Mayor Nee, Councilwoman Kukowski, Councilman Schneider, Councilman Hamernik, and Councilman Fitzpatrick None PRESENTATION OF PROPOSAL FOR THE FLAG POLE FOR THE FRIDLEY CIVIC CENTER BY THE FRIDLEY v.r.w. ru�i 30� Mr. Dan 5�odin, Commander of the Fridley V.F.W. Post 363, appeared before the Council and suhmitted plans for reconstruction of the flag pole at the Civic Center The plans call for a 55 foot htgh aluminum flag pole, with basically the same 6r�ck that is on the City Hall around the base of the pole. Mayor Nee questioned if th�s request had been processed throuqh the Planning Commission or sub-committees. Mr. S,7odin indicated it had not, however, they wished to receive the Council's reaction before proceeding further. It was the feeling of the Council the staff could process this request from the V.F.W. and Mayor Nee thanked Mr. 5�odin for presenting their plans to the Council PRESENTATION OF CERTIFICATE OF INCORPORATION OF "FRIDLEY VDUTH ORGANIZATION, INC." TO FRIDLEY YOUTH ORGANIZATION REPRESENTATIVES: Since no one was present at this time to receive this certificate, the Council proceeded with the other agenda items. PROCLAMATION - PROCLAIMING APRIL 24 - 30, 1977 AS "VOLUNTEER RECOGNITION WEEK" Mayor Nee stated he has already init�ated this proclamation. APPROUAL OF MINUTES: REGULAR MEETING OF MARCH 21, 1977: MOTION by Councilman Hamernik to approve the minutes of March 21, 1977 with the following correction--Page 5, paragraph 8, line 3: Insert the word "not" after "would." Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF APRIL 4, 1977: MOTION by Councilwoman Councilman Schneider. carried unanimously. ADDPTION OF AGENDA• Kukowski to approve the minutes as presented. Seconded by Upon a voice vote, all voting aye, Mayor Nee declared the motion Mayor Nee requested Item 11, SP #77-01 for Certified Mobile Homes by considered as the first item under "New Business," �, �, �P_, REGULAR MEETING OF APRIL 18, 1977 PAGE 2 Councilman Hamernik requested Item 21-A be added under "New Business," "Consideration of a Resolution Opposing House File 805." Councilwoman Kukowski requested Item 21-B be added under "New Business," "Discussion on Vote '76 Reception " Councilman Schneider requested Item 21-C be added under "New Business," Recerving , Commu m cation from Mr. Tom Maas and Friends Reqarding Parks." MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Council- woman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS Mr Larry Chlian of the Fridley Jaycees appeared before the Council regarding conditions at Locke Park. He stated when the Jaycess held their Easter Egg Hunt at the park the Saturday before Easter, there was broken glass, electrical outlets ripped out, tables piled six deep and before they could proceed w�th their activities, it was necessary to clean up the area. Mr. Qureshi, City Manager, stated there had been a vandalism problem at the part at the time when the Jaycees held their activities. He indicated they have increased the police patrol in the area and the Police Department is working with the Police Reserves for addttional patrolling to be provided in the park areas. Mayor Nee stated the whole question of vandalism is of great concern and not only affects the park areas. Councilwoman Kukowski questioned if the Reserve Officers would be patroling both on foot and in automobile, to which Mr. Qureshi answered in the affirmattve. � Mr. Chlian felt, from the condition of the park, there had not been a squad car in the area for quite a while. Mayor Nee thanked Mr. Chlian for bringing this matter to the Council's attention and indtcated they would try to do a better �ob of patrolinq the area. PUBLIC HEARINGS CONTINUED PUBLIC HEARING ON RENEWAL ON-SALE LIQUOR LICENSE FOR GEORGE D. NICKLOW, GEORGE IS IN FRIDLEY, 3720 EAST RIVER ROAD Mayor Nee re-opened the public hearing at 7:55 p.m. on renewal of the on-sale liquor license for George Is In Fridley. Mr. Tony Nicklow appeared before the Council regarding this application for renewal. He stated, since the Camden bridge closing in Minneapolis, they have had a problem in keeping their food sales higher than liquor sales and indicated they were hopeful, with the re-cpening of the bridge on November 1, they would be able to increase their food sales. He stated their weekday sales of food have gone down considera6le since the bridge closing Councilman Schneider questioned, if the 6ridge did not re-open on November l, if they had plans to increase their food sales for compliance with the ordinance. Mr. Nicklow stated they are pursuing the idea of providing banquet service in hopes ' of increasing food sales. Mr. Bill Scott, 6680 Lucia Lane N.E., stated he was a member of an organization that used to dine at George Is In Fridley, but 6ecause of the bridge closing, they have moved their luncheon to the Holiday Inn. He felt this was typical of the situation George's is confronted with. Councilman Fitzpatrick indicated George Is In Fridley has a rather specialized menu and perhaps the fact they do have a spec�alty may have something to do with their general sale of food. He indicated he wishes to continue to issue licenses to defined restaurants and feels this is a recognized restaurant with a defined menu. , � � REGULAR MEETING OF APRIL 18, 1977 PAGE 3 MOTION by Councilwoman Kukowski to close the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unam mously and the Public Hearing on the Renewal of the On-Sale Liquor License for George Is In Fridley closed at 8:02 p.m. OLD BUSINESS: CONSIDERATION OF REQUEST FOR VARIANCES TO ALLOW i rp �-11 STORE AT 7899 EAST Mr. Sobiech, Publtc Works Director, stated he received a phone call from the appl�cant of this variance and requesied the Council table this item until the applicant had a chance to meet with the County regarding possible signalization at the �ntersection of the proposed 7-11 store. The Council requested this item be submitted, after the applicant has had the opportum ty to meet with the County and, therefore, no action was taken at this time CONSIDERATION OF EXPENDITURE OF FUNDS TO INITIATE A SURVEY TO DETERMINE MOTION by Councilwoman Kukowski to take the item from the table Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. Mr Belgum of the Human Resources Commisston appeared before the Council concerning this item. He stated the issue before the Council is not a commum ty newspaper, but if Fridley can become a better community by improving communicat�ons Mr. Belgum reviewed statements presented to the Council based on a study outline for the purpose of analyzing a coir¢nunity to see how it can 6e improved. He felt many persons would benefit by a communications survey including Cable T.V., the Sun Newspaper, the Library, Community Schools and the C�ty itself. The survey would tell what people want to know regarding news and views of the City. Mr. Larry Dobson, 1636 68th Avenue N E, spoke �n favor of the survey as he felt communications are important and there are areas in the City not covered by news media. Mr. Doug 011ila, 6310 Able Street N.E., felt the survey should be conducted as he found it difficult to identify with the commum ty when he moved to Fridley. He encouraged the Council to act favorable on this request. Councilwoman Kukowski stated the Community Educat�on Council Executive Board has decided to see tf they could not conduct their own survey, as they felt perhaps this particular survey was too narrow and would not answer some of their questions. Councilwoman Kukowski also felt the scope of the survey proposed by Mr. Belgum may not be that intense and might lead to questions on newspapers and she would not be in favor of interfering with private enterprise. Councilman F�tzpatrick felt one of the reservations the Council has is that the survey might be aimed at a communit,y newspaper, instead of more broadly at what �s the commum cation problems in general. Mayor Nee stated the request had been presented as a feasibility study on a commum ty newspaper and now it is being presented as an overall study of communtcations. Mr. Belgum stated they have changed their minds and concur it should not be a study on the feasibility of a community newspaper He felt there would be benefit from a general study of communication needs He indicated if Council approved the request, no funds would be allocated until the questionnaire could be reviewed. Councilman Schneider agreed the Ctty has to find avenues of communications and ways to improve them, but questioned why the survey would have to be computerized and how the $500 would be spent. Councilwoman Kukowski questioned who would decide what types of quest�ons would be asked Mr. Belgum suggested the Council should have the right to make suggestions and review the questions. �v REGULAR MEETIN6 OF APRIL 18, 1977 PAGE 4 Councilman Hamernik stated he realized th�s is strictly a survey to delve into needs of commum cattons in the City, but if the results indicate a newspaper is needed, the Council has now supported development of a newspaper in competition with the City's officially designated newspaper He felt from the discussion this evening, his position would remain the same. Mayor Nee asked if the persons involved in this concept for the survey could attend the Council's Conference Meeting on April 25. � Mr. Belgum stated he would bring in a proposed study schedule, 6ut could not guarantee he would be a61e to get all persons involved to attend. Mr Bill Scott of the Human Resources Commission indicated there was a considerable amount of discussion towards a newspaper, but at the last meeting, the Commisston made it clear what they are driving at �s to do something about the communication void in the community. He felt the term "community newspaper" was used, but that it was not the intention of the Commission to strive towards a community newspaper or funding one without even knowing if it is needed. Mr. Belgum stated fie would obtain a list of tentative questions from the Director of the School of Journalism for the Council's rev�ew and also obtatn a statement on why the results would be computerized and submit this at the Council's Conference Meeting. MOTION by Councilwoman Kukowski to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, P4ayor Nee declared the motion carried unanimously. ORDINANCE NO 643 - AMENDING CHAPTER 703 SNOWMOBILES, SECTION 703.021, OPERATION AND DELETING SECTION 703.022 MOTION by Councilman Schneider to waive the second reading of Ordinance No 643 and adopt it on the second reading and publish Seconded by Councilman Hamernik. Mr. Qureshi, City Manager, stated th�s ord�nance was brought to the attention of the ' Parks and Recreation Commiss�on and they felt it should not be cons�dered until next fall. Councilman Schneider stated he prefers to adopt the ordinance at this time instead of waiting until next fall. Mayor Nee then outlined the provisions of the ordinance relating to snowmobiles for benefit of the persons in the audience. Counctlman Hamer m k felt the ordinance should be adopted at thts time so staff will have time to make plans to implement the enforcement of this ordinance before next winter Mayor Nee felt snowmobile owners should be put on notice that the ordinance does reduce their operation in the City. Councilman Fitzpatrick stated the area of operation is reduced, but felt there had been a problem in the past with enforcement of the ordinance. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unam mous�y. ORDINANCE N0. 644 - ESTABLISHING CHAPTER 607 OF THE FRIDLEY CITY CODE ENTITLED "TAVERN" CI Mr. Herrick, City Attorney, suggested several changes in the above ordinance as follows: 1. "Tavern Entertainment" in the title should be changed to "Entertainment License" as taverns are defined as those establishments that sell 3-2 beer and this ordinance is meant to apply to all esta6lishments that sell liquor. 2. Deletion of the word "Tavern" in the titles of Sections 607.01, 607.02, and 607.04 and deleting the word "tavern" on line 2 in Section 607.D5. 3 Under Section 607.03, delete the words "regulatinq non-intoxicattng malt beverages and intoxicating liquor" and change the word "desire" to "determine" so Section 607.03 would read as follows. "Holders of an entertainment license shall be subject to all the requlations and restrictions contained in this code and any violation may be grounds for the cancellation of said license if the City Council shall so determine." , REGULAR MEETING OF APRIL 18, 1977 PAGE 5 �� MOTION by Councilman Hamernik to waive the second reading of Ordinance No. 644Establishing Chapter 607 of the Frtdley City Code Entitled "Tavern Entertainment" and Repealing Chapter 6Q4 Entitled "Tavern" of the City of Fridley Ctty Code and adopt it on the second reading and publish, with the above changes suggested by the City Attorney. Seconded by Councilman Fitzpatrick. MOTION by Councilman Hamernik to amend the a6ove motion to also include, along with the �City Attorney's changes, the deletion of the words "transparent or" under Section 607.04, Item 4. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A UDICE VOTE TAKEN ON THE ORIGINAL MOTION, all voting aye, Mayor Nee declared the mot�on carried unanimously. NEW BUSINESS RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 6, 1977: MOTION by Councilwoman Kukowski ta receive the minutes of the Planning Commission Meeting of April 6, 1977. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CERTIFIED MOBILE HOMES, SP #77-01; 7625 VIRON ROAD: Mr. Sobiech, Public Works Director, stated the Planninq Commission has recommended renewal of this special use permit, as filed by Certified Mo6ile Homes, with the stipulations as outltned in the minutes of the Planninq Commission minutes of April 6, 1977. He requested another siipulation be added for improvement of the drainage problem. Regarding stipulation No. 4�n reference to sodding, Mr. Sobiech stated decorative �rock replaced the sodding requirement to ensure better matntenance of landscaped areas. In reference to grading and seeding, the majority of the property is filled with trailers so that if any trailers would be removed, any vacant property would be graded and seeded MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant SP #77-01 with the sttpulations tndicated by the Commission, with the revision of No 4, and with the addition of the stipulation regarding improvement of the drainage. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. THOMAS BRICKNER, L.S #77-03: 1671 CAMELOT LANE N.E. Mr. Sobiech, Public Works Director, stated this request is to split off the west five feet of Lot 24, Block 2, Harris Lake Estates (1671 Camelot Lane N.E ) and add it to Lot 23, Block 2, Harris Lake Estates, (1661 Camelot Lane N.E.) so the property owners of Lot 23 can install a swimming pool in their back yard Mr. Sobiech stated all setbacks would be met and the Planning Commission has recommended approval. MOTION by Councilman Schneider to concur with the recommendation of the Plamm �g Commission and grant Lot Split #77-03. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �INTERSECTION OF 53RD AND CENTRAL AVENUE N.E.: Mr Sobiech presented plans for improvement of the intersection at 53rd and Central Avenues. He stated they are working with the property owners of the shoppinq center regarding this improvement. Councilman Schneider questioned if there would be a problem for traffic leaving the Ground Round parking lot. (,� �i REGULAR MEETING OF APRIL 18, 1977 PAGE 6 Mr. Sobiech did not feel this would pose a problem as the hours of the Ground Round and shopping center are not in conflict. MOTION by Councilwoman Kukowski to receive the recommendation from the Planning Commission and concur with Plan B and recommend staff work with the property owners in improvement of this intersection at 53rd and Central Avenues. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously CONSIDERATION OF FIRST REA�ING OF AN ORDINANCE ESTABLISHING CHAPTER 511 OF THE , Councilman Schneider stated he requested this ordinance as parking provided for hand�capped persons only at the shopping centers is being used by others. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Kukowski. Mr. Herrick, City Attorney, stated under the Motor Vehicle Code, Police Officers could not issue a citation on private property for this particular offense. Councilman Schneider indicated initially this proposal came before the Staff with intent of putting in a provision of allowing the Police Department to enforce the handicapped parking regulations; however, in working on this ordinance, staff suggested it include a broader coverage for enforcement of other areas on private property or specifically parking areas �n shopping centers. Mayor Nee felt if the City is going to issue citations on private property, the persons involved should be notified to receive any corrments they may have before second reading of the ordinance. UPON A VOICE VOTE ON THE ABOVE MOTION, all voting aye, Mayor Nep declared the motion carried una m mously. CONSIDERATION OF FIRST REA�ING OF AN ORDINANCE AMENDINC CHAPTER 405 ENTITLED CABLE TELEVISION FRANCHISE: Mayor Nee stated this ordinance mainly clears up language in the Cable Television Ordinance. It also makes it possible for the Council to appeal the decision of the City Managerin contested cases and changes the payment date from March to October. MOTION 6y Councilman Fitzpatrick to watve the reading and approve the ordinance upon first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. CONSI�ERATION OF FINAL PLAT SUBDIVISION P.S #77-01. ARNAL ADDITION, BY ARNOLD AND AL�AN Mr. Sobiech, Public Works Director, explatned this request is for final plat approval, Arnal Addition, generally located on Ashton Avenue, North of Ely Street. The Plamm �g Commission recommended approval of the plat. Mr. Sobiech stated the Engineering staff will be tn contact with Mr. Toews regarding the improvement of Ashton. Mr. Toews indicated they were not aware of the improvements and would appreciate the City contacting them MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and approve the final plat for Subdivision P.S #77-01, Arnal Addition as f�led by Arnold and Alvan Toews. Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REAPPROVAL OF FINAL PLAT SUBDIUISION P.S. #76-04, HEATHER HILLS 3R� ADDITION BY MIKE 0'BANNON: Mr. 5ob�ech stated Mr. 0'Bannon was in attendance earlier in the meeting, however, it was necessary for him to leave because of a conflict with another meeting. � 1 / �� REGULAR MEETING OF APRIL 18, 1977 PAGE 7 Mr. Sobiech explained reapproval of this plat is requested tn order to comply with the 90 day requirement of the ordinance regarding platting. He felt on certain parcels of land the 90 day period may not be sufficient time to complete any work that is necessary. It was recommended reapproval 6e given on this ftnal Qlat, with the orig�nal stlpulations pertaining to drainage, utility and walkway easements MOTION by Councilman Schneider to reapprove the final plat for Subdivision P S #76-04, �Heather Hills 3rd Addition, as filed by Mike 0'Bannon, with the previous stipulaLions. Seconded by Councilman Fitzpatrick. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF REVOCATION OF SPECIAL USE PERMIT 5P #75-29, LEROY HALUPTZOK; 1240 73z Mr. Sobiech, Public Works Director, stated in the annual review of this special use permit, the staff felt there was a violatton of the intent of the special use permit. He stated the staff has been in contact with the owner, and the petitioner has cooperated in bringing the property into compliance with conditions of the special use permit Mr Sobiech stated, as of today, the staff felt the site is in compliance and submitted photographs of the site itself. It was, therefore, recommended the special use permit not be revoked as staff felt the property owner was cooperating to improve the property and meet conditions of the special use permit. Councilman Schneider suggested a review of the premises again in the summer. MOTION by Councilman Schneider to receive the report submitted by staff. Seconded 6y Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PRESENTATIONS: �Mayor Nee presented to Mr. Ned Storla the Certificate of Incorporation of "Fridley Youth Organizat�on, Inc." issued by the State of Minnesota extended congratulations from the Council. CONSIDERATION OF IMPROVEMENT AT 1318 HILLCREST PERTAINING TO DRAINAGE PROBLEM Mr. Arvid Hansen, 1318 Hillcrest Drive, appeared before the Council concerning a drainage problem he has on his property Mr. Sobiech indicated the problem area on a map and stated the pond that ex�sts encroaches on Mr Hansen's property and the water, at times, builds up and flows across his property and the property owner to the wesi of Mr. Hansen and finally flows down Hillcrest to the storm sewer system. He felt ihere were some solut�ons to the problem; however, it was the staff's opinion the City has not created the problem. A visitor, who lived several doors from Mr. Hansen, indicated she did not want Mr. Hansen to have water in his basement, but did not want to change her land. She indicated there was a water problem when f4r Hansen bought the house, which was the reason the owner had put in drain tiles. Mr. Herrick, City Attorney, stated situations of this nature come to the attention of the staff several times a year. It would be his recommendation the City should not 9et tnvolved tn drainage problems that esentially involve private property. Mr Hansen stated the swamp level is higher than it used to be and is, therefore, creating ' the problem of the water in his back yard Mr. Dave Lucas, 1320 Hillcrest Drive, indicated the map Mr Sobiech was using was a 1959 topographic map and it shows Mr. Hansen's property as wetland. He also indicated he did not want Mr Hansen to have water in his basement, but would not favor any changes 6eing made. Mr. Sobiech indicated that the certifi cate of survey on file indicates wetland on Mr. Hansen's property. Councilman Schneider questioned if a berm was constructed for Mr. Hansen's property, if it would affect other property owners. Mr. Sobiech stated it would possible create additional wetlands elsewhere. Mr. Herrick stated Mr. Hansen could take precautions to protect his property from surface �/� REGULAR MEETING DF APRIL 18, 1977 PAGE 8 run-off as long as it does not unreasonably affect the netgh6ortng properties. Mr Nick Garaffa, 6750 Monroe Street N E., stated he is aware other residents of the area wished it to be left as is. He felt, if the City would provide a few loads of dirt for Mr Hansen �t would become the City's responsibility as well as Mr. Hansen's Mr Hansen requested this item be tabled until he has an opportum ty to again meet � with the School Board and the res�dents of his area. MOTION by Councilman Schneider to table th�s item Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: Mayor Nee called a recess at 10:14 p.m. RECONVENED: Mayor Nee reconvened the meet�ng at 10 25 p.m. All councilmembers were present. RECEIVING THE MINUTES OF THE FRIDLEY POLICE CIVIL SERVICE COPIMISSION MEETING OF APRIL 6, 1977: MOTION by Councilman Fitzpatrick to receive the minutes of the Police Civil Service Commission Meeting of April 6, 1977. Seconded by Councilman Hamernik Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. Councilwoman Kukowski requested that the movie shown at this meeting of the Fridley Police Civil Service Commission be shown at the Council's Conference Meeting on Aprtl 25 CONSIDERATION OF INSTALLATION OF STREET LIGHT ON MEA�OWF100R �RIUE': Mr. Qureshi, Ctty P4anager, stated criteria for installation of this street light has been ' inet in that there has been excessive vandalism in th�s area. Councilman Fitzpatrick ind�cated he had no o6�ection to this request,*but he worried about what has happened to our concern for precedent and felt other requests of th�s kind should be gtven a better hearing. MOTION by Counctlman Schneider to concur with the recommendation of the Engineering Department and approve the installation of a street light on Meadowmoor Drive. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. **Note addit�on (footnote). CONSIDERATION OF APPROVAL OF COMMUNICATION TO COMMISSIONER DF THE MINPdESOTA DEPARTP4ENT OF TRANSPORTATION IN REGARD TO MINNESOTA DEPARTMENT OF TRANSPORTATION PLAN: MOTION by Counc�lwoman Kukowski to approve the letter submitted and forward it to the Commisioner of the Department of Transportatton. Seconded by Councilman Fitzpatrtck. Councilman Hamernik, referring to page 2 of the letter, paragraph 6, said he still dtd not feel re-routing traff�c on Highway 47 was a solution Councilman Fitzpatrick stated he felt Highway 47 is better designed to handle traffic, than is East River Road, but is not sure how much traffic would shift to Highway 47 Councilman Hamernik stated he did not want to imply to the Transportation Study Committee , that there is an alternate solution other than construction of the Northtown Corridor. He felt there is already a traffic problem on Highway 47 and, by shifting traffic from East River Road, it could become a serious problem. MOTION 6y Councilman Hamernik to amend the mot�on 6y deleting the sentence underlined in paraghaph 6, page 2 of the letter MOTION FAILED FOR LACK OF A SECOND UPON A ROLL CALI_ VOTE TAKEN ON THE ORIGINAL MOTION, Counci;lwoman Kukowski voting aye, Councilman Schneider voting aye, Mayor Nee voting aye, Councilman Fitzpatrick voting aye, Councilman Hamernik voting nay, the motion carried by a vote of 4 to l. *as amended 5/2/77 ** as amended 5/2/77--Councilman Schneider stated that the residents in the Meadowmoor area were unhappy with the City Services they have been receiving and noted the complaints voiced �n the April 6, 1977 Planning Commission Minutes and requested that the rest of the Council review these complaints. He said he hoped the approval of the street light was the first step in Iimproving the City's image in the Meadowmoor area. REGULAR MEETING OF APRIL 18, 1977 PAGE 9 r CONSIDERATION OF REAPPROVAL OF RESOLUTION N0. 36-1977 - A RES�LUTION PR(1VIDING FOR REDUCED i�ATER RATES FOR SENIOR CITIZENS• Mr. Qureshi, City Manager, stated the only change from the original resolution was to put an income figure in the resolution. MOTI�N 6y Counc�lwoman Kukowski to reapprove Resolut�on No. 36-1977, a Resolutlon �Providing for Reduced Water Rates for Senior Citizens. Seconded by Councilman Fitzpatrick Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTIDN N0. 41-1977 - ORDERING IMPROVEMENT OF PLANS AND ORDERING AD�ERTISEMENT FOR BIDS: WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENT PRO�ECT #,121: MOTION by Councilman Schneider to adopt Resolution No 41-1977 Seconded 6y Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried ��nanimously. RESOLUTION N0. 42-1977 - REQUESTING ANOKA COUNTY COMMISSIONERS TO REDUCE THE SPEED LIMIT MOTION by Councilman Fitzpatrick to adopt Resolut�on No. 42-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 43-1977 - ORDERING PLANS AND ORDERING ADVERTISEMENT MOTION by Councilman Schneider to adopt Resolution No. 43-1977. Seconded by Councilman Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BID AND AWARD CONTRACT FOR SANITARY SEWER VACUUM PUMP (BID OPENING 4/4/77) , Mr. Sobiech, Public Works Director, stated specifications were sent to the two companies who could qualify to supply this particular piece of equipment. However, only one bid was received wh�ch was from Flexible Pipe and Tool Company of Minneapolis in the amount of $8,126.40. Mr Sobiech stated to ensure that the btd received was competittve, a check was made with other mu m cipalities who recently purchased this equipment. In contacting Mora, Minnesota, they purchased a smaller used pump in July of 1�76 for �7,8DD; and Crookston, M�nnesota purchased a pump, which did not include 6rakes and lights, for $8,118. The costs to municipalities in other parts of the country ranged from $8,609 to $9,400. The staff, therefore, felt the bid was competitive and recommended awarding the contract to Flexi6le Pipe and Tool Company. MOTION by Councilman Fitzpatrick to receive the bid and award the contract to Flexible Pipe and Tool Company of Minneapolis in the amount of $8,126.40. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. CONSIDERATION OF CHANGE IN LIQUOR LICENSE FEE SCHEDULE• The Council reviewed information from staff regarding a change in the l�quor license fee schedule It was the opi m on of the Ctty Attorney the City could have a two-stage l�cense schedule, that is, a htgher fee charged for those places not meeting the 40% criteria on food sales and a lower fee for establishments who meet this criteria Mr. Herrick, City Attorney, stated the City of St. Louis Park's fees are related to size and whether or not they have entertainment. The Council expressed an interest in reviewing the schedules of St. Louis Park and requested this item be 6rought back when further information is received. �'� ti� REGULAR MEETING OF APRIL 18, 1977 PAGE 10 Mayor Nee read the background information from the League of Minnesota Munic�palities relating to House File 805, which would allow supervisory employees to belong to the same Union as their subordinates. Councilman Fitzpatrick felt it should be the employees choice regardless if they were , supervisory personnel or not to chose which organization they wished to jotn. Mr. Qureshi, City Manager, felt, by both supervisory and subordinate employees being a member of the same Union, this would tend to create a potential problem in the groups managed and being managed. He stated the present law provides adequate protection for both groups and felt the distinction should be maintained. Mr Alex Barna, 560 Hugo Street, indicated he did not think you would find �n private enterpr�se any situation where supervisory personnel and other employees are in the same Umon MOTION by Councilwoman Kukowski to adopt Resolution No. 44-1977. Seconded by Councilman Hamernik. Mr Dick Harris, 470 Rice Creek Boulevard N.E , indicated he would agree with the League, as he doesn't feel supervisory personnel should be in the same Union as other employees. Councilman Fitzpatrick felt the Council could have made their comments known to the Legislators without adoption of a resolution. Mayor Nee felt the resolution would be circulated among other Legislators and not only Fr�dley's representatives. UPON A ROLL CALL VOTE TAKEN ON TNE MOTION, Councilwoman Kukowski voting aye, Councilman ' Schne�der voting aye, Mayor Nee voting aye, Councilman Hamernik voting aye, Councilman Fitzpatrick voting nay, the motion carried by a vote of 4 to 1. DISCUSSION ON VOTE '76 RECEPTION: Councilwoman Kukowski reported on the �ote '76 Recept�on at the State Capitol in which Fridley was a winner in this program She stated a bottle of wine was received from the City of Alameda, California and requested direction from the Council on who they wished to receive it. Councilwoman Kukowski suggested it be presented to the League of Women Voters for their work in the program. MOTION by Councilwoman Kukowski to present the bottle of wine to the League of Women Voters at their meet�ng tomorrow evening. Seconded by Councilman Fttzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING COMMUNICATION FROM MR. TOM MAAS REGARDING PARKS• Councilman Schneider read a letter he received from Mr Tom Maas, age 12, 688D Channel Road N.E., and friends regarding lack of park facilities in their area. MOTION by Councilman*Schne�der i.o receive the communication and respond to Mr. Maas's letter and refer same to the Park Board. Seconded by Councilman Fitzpatrtck. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: �J MOTION 6y Councilman Hamerm k to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. CLAIMS: MOTION by Councilwoman Kukowski to authorize payment of Claims No. 089A3D through 102878 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously *amended 5/2/77 �� REGULAR MEETING OF APRIL 18, 1977 ESTIMATES: Smith, Juster, Feikema, Chartered 1250 Builders Exchange Cuilding Minneapolis, Minnesota 55402 For legal services rendered as Prosecutor 6y Carl Newquist for March, 1977 Weaver, Talle & Herrick 316 East Main Street Anoka, Minnesota 55303 For legal services rendered as City Attorney by Virgil Herrick for March, 1977 PAGE 11 $3,190 00 $1,323.25 MOTION by Councilman Hamernik to approve the est�mates as submitted Seconded by Councilman Schneider. Upon a voice vate, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick stated he had submitted an estimate for work done on the revenue bond issue and asked if tt had been included in the estimates which were approved. Since this had not been approved, the following action was taken. MOTION 6y Councilman Fitzpatrick to approve the estimate from ldeaver, Talle & Herrick in the amount of $1,875 for work done on the revenue bond issue. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani�ously. ADJOURNMENT: MOTION by Councilman Hamernik to ad�ourn the meeting Seconded by Counctlman Fitzpatrtck Upon a voice vote, all voting aye, Mayor Nee �eclared the motion carried una m mously and the Regular Meeting of the Fridley City Council of April 18, 1977 ad�ourned at 11:50 p.m. Respectfully submitted, ,�/7 r � �� dL¢--t.��.C.� 7' c-'- i s7'L .�-� Carole Haddad Secretary to the City Council �� � ,� � Approved• ��� �2�'o-';�r�''� �,���% . , William J. Nee Mayor