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05/02/1977 - 00014537K�3'• E��t THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 2, 1977 The Regular Meeting of the Fridley C�ty Council of May 2, 1977 was called to order at 7 40 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 MErviBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES: Councilman Fitzpatrick, Councilman Hamerm k, Mayor Nee, Councilman Schneider, and Councilwoman Kukowski None PUBLIC HEARING MEETING OF APRIL 11, 1977 MOTION by Councilwoman Councilman Schneider. carried una m mously Kukowski to approve the minutes as presented. Seconded by Upon a voice vote, all voting aye, Mayor Nee declared the motion REGULAR MEETING OF APRIL 18. 1977• Councilman Schneider requested the following paraqraph be added at the end of the item "Consideration of Installation of Street Light on Meadowmoor �rive ""Council- man Schneider stated that the residents in the Pleadowmoor area were unhappy with the City serv�ces they have been receivinq. He noted the complaints voiced in the April 6, 1977 Plam m �g Commission minutes and requested that the rest of the Council review these complatnts. He said he hoped the approval of th�s street light was the first step in improving the City's image �n the Meadowmoor area." Councilman Fitzpatrick requested that the second paragraph concerntng thts same item be checked with the tape and rewritten to incorporate the general idea that he is concerned about a precedent being set. On page 10, third to the last paragraph, it was noted the motion was made and seconded by the same person and correction should be made to show the motion was made by Councilman Schneider, seconded by Councilman Fitzpatrick. MOTION by Councilman Hamernik to approve the minutes as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Councilman F�tzpatrick requested an �tem be added under "New Business" for "Cons�deration of a Resolution to the Legislature on Sub�ect of Patrolman Salaries " MOTION 6y Councilman Hamer m k to adopt the agenda as amended. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. OPEN FORUM, VISITORS: ENERGY MEETING OF MAY 3, 1977 Mr. Jim Langenfeld, Chairman of Environmental Quality Commission, appeared before the Council relative to the Council co-sponsoring an educational type program concerning energy to be held at the City Hall on May 3. Mr Langenfeld introduced Ms Connie Metcalf who presented additional information to the Council about the proposed meetina. She indicated she had attended a similar meeting �n Edina in which a Professor from the college of St. Thomas presented information on types of fuels, uses of energy, and how supplies will affect the world. She felt the meeting was very informative and asked the Council's support 1 ' ' REGULAR MEETING OF MAY 2, 1977 PAGE 2 in co-sponsoring the meeting, which is to be held at the City Hall on May 3 at 7:30 p.m. She encouraged all interested persons to attend the meeting and participate in the program. MOTION by Councilman Fitzpatrick to concur with the Environmental Qual�ty Commission's recommendation and authorize co-sponsorship of the program to be held at the City Hall �on May 3, 19i7. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FREEWAY BARRIERS: Mr. Leonard Kos, 5468 Altura Road N.E , appeared before the Council to voice his concern about the construction of the freeway noise barrier at the southwest corner of I-694 and Highway 47. He stated he felt the barrier is inadequate, as presently designed, in reference to the height of the structure It was his opirion the barrier is designed to handle the freeway noise on the ramps, and not the general freeway noise. He �ndicated other res�dents of his area have expressed the same concern about the inadequacy of the barrier. P�r. Sobiech, Public Works Director, stated the barriers are designed by the State Highway �epartment; however, he suggested Mr. Kos' questions be brought to the attention of the Highway Department. Mayor Nee stated the City would contact the Highway Department regarding Mr. Kos' Comments. B. �. BROTTLUND, SP #77-03, 6435 37 EAST RIVER ROA�: Mr Sobiech indicated to the Council that Mr. Brottlund had requested this item be tabled unttl he has had an opportunity to meet with residents of the area and; � therefore, he suggested the Council may wish to advise any persons in the audience present for this particular item, whether action will be taken or if Mr. Brottlund's request will be honored and the item tabled. One person was present for this particular item and after dtscussion by the Council, it was agreed to consider the item in the order it appears on the agenda. OLD BUSINESS: ORDINANCE NO 645 - ESTABLISHING CHAPTER 511 OF THE CITY CODE OF THE CITY OF FRIDLEY ENTITLED TRAFFIC, SHOPPING CENTERS: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 645 and adopt it on the second reading and publish. Seconded 6y Councilwoman Kukowski Councilman Schneider stated there is a bill in the Legislature which would, in effect, provide the same regulations as this ordinance. UPON A UDICE VOTE, TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 646 - AMENDING CHAPTER 405 ENTITLED CABLE TELE�ISION FRANCHISE. MOTION by Councilman Hamernik to waive the second reading of Ordinance No 646 and adopt it on the second reading and publish. Seconded by Councilman Fitzpatrick �Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS� CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTABLISHING CHAPTER 6D2 OF THE FRIDLEY CITY CODE ENTITLED "BEER LICENSING" AND REPEALING THE PRESENT CHAPTER 602 ENTITLED "BEER LICENSING" AND AMENDING CHAPTER 11, SECTION 11.10 OF SAID CODE RELATING TO LICENSE FEES• Mr. qureshi, City Manager, stated Section 602.11, Subdivision 5, should be changed to eliminate the words "unless in the company of his parent or guardian" and substitute the words "on the licensed premises," so as not to be in conflict with other sections of the ordinance. �r �:? REGULAR MEETING OF MAY 2, 1977 PAGE 3 Counc�lman Schneider indicated there was no prov�sion in the ordinance to notify persons in the immediate area that a beer license is being considered. Mr. Qureshi stated this was discussed at the staff level and felt the appropriate control should be in the Zoning Ordinance. Councilman Fitzpatrick also felt, if an establishment intends to sell beer, residents � tn the inmedtate area should be not�fied. Playor Nee questioned if there was any urgency in acting on this ordinance. Mr. Herrick, City Attorney, explained when the Entertainment Ordinance was adopted on f�rst read�ng, one of the provisions was to repeal the ordinance on licensing, as it pertains to beer establishments, so while there may not be an urgency to act at this meet�ng, he felt action should be taken soon. MOTION by Councilwoman Kukowsk� to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. MOTION by Councilman Fitzpatrick to amend the ordinance by el�minatin9 the words, "unless in the company of his parent or guardian," under Section 602.11, Subidivision E and substitute the words "on the licensed premises." Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST REA�ING OF AN ORDINANCE AMENDING CHAPTER 603 OF THE FRIDLEY L MOTIDN by Councilman Fitzpatrick to waive the reading and approve the ordinance upon ' fi rst reading. Seconded by Councilman Schneider. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unaniraously. IDERATION OF FIRST READING OF AN ORDINANCE ADOPTING CHAPTER 212 ENTITLED MII ornrnt rnir noTno runnTrn mo rnrrin rn nnrnrtnir cnmm �nin ronvn . MOTION by Councilwoman Kukowski to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimnusly. CONSIDERATION OF REOUEST OF KNIGHTS OF COLUMBUS TO I1SE BINGO PROCEEDS TO PAY OFF MORTGAGE Mr. Arnold Keller appeared before the Council regarding thts request from the Knights of Columbus to use bingo proceeds to pay off the mortgage on their building at 6831 Highway 65 and to make improvements on the building. Councilwoman Kukowski questioned if the Knights of Colum6us would be coming to the Council periodically for similar requests. Mr. Keller stated they would have to come back with a request for use of bingo proceeds for furm shing the downstairs office Mayor Nee questioned �f the City receives a report on how the proceeds from bingo are disbursed. Mr. Brunsell, City Clerk, stated a quarterly report is received from � anyone who conducts bingo games in the City. Mr. �ohn Yenck stated the Knights of Columbus by-laws state that 10% of all proceeds from bingo must be transferred to the Charity Committee. He further indicated their auditor has stated they meet requtrements of the State law, as far as meeting the char�ta6le qualifications. Mr Herrick felt the City should receive documentation from groups conducting bingo to show they are meeting minimum qualifications. REGULAR MEETING OF MAY 2, 1977 PAGE 4 MOTION by Councilman Hamernik to approve the request of the Knights of Columbus to use 6ingo funds to pay off the mortgage on their building, to make improvements to the building, and to provide office furnishings, for a total amount of $14,200, on a one-time basis. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �Mayor Nee requested copies of the reports received from the Knights of Columbus be submitted to the Council DISCUSSION OF POSSIBLE EXTENSION OF LEASE AGREEMENT BETWEEN CITY OF FRIDLEY AND ISLANDS OF PEACE FOUNDATION AND STATUS OF HAYES LOTS DISCUSSION OF A RESOLUTION IN SUPPORT OF BILL APPROPRIATING FUNDS FOR THE ISLANDS nrnrr •urnnnnnnrrn_ Mr. �im Langenfeld, Pres�dent of the Islands of Peace Foundation, appeared before the Council regarding the extension of the lease agreement between the City and the Islands of Peace Foundation. He requested the Council consider extending the lease for a 99 year period. He indicated the Foundation would like a long lease agreement than it now has, and felt this would also give the Legislature assurance of the City's �ntent. Mr. Langenfeld also stated the Foundation would like the City to purchase the entire Hayes lots or pay the principal and interest for the on-coming year which is due on August 20, 1977. He explained these monies could then be diverted to other areas. Mr. Herrick, City Attorney, felt the key is whether legislation is approved by the State to provide funding to the Foundation. If it is not approved, the questions ar�se regarding the August 20, 1977 payment, and if the City is going to finance this out of general revenue funds. Mr. Herrick felt this was not the intent when the pro�ect started. �Councilwoman Kukowski felt the item regarding the Hayes lots would be discussed at the Conference Meeting and asked members of the Board of the Islands of Peace Foundation to be present. MOTION by Councilwoman Kukowski to table the item on the Hayes lots to the May 23 Conference Meeting. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. In further discuss�ng the lease agreement, it was suggested a resolution be directed to the State Legislature in support of House File 15 and Senate File 100 for appropriation of funding to improve the "Islands of Peace" and indicating the City's position regarding a lease with the Foundation to operate these facil�ties for a certain period of time. Mr. Herrick was requested to draft a resolution for submission later in the meeting CONSIDERATION OF APPROVAL Mr. Sobiech, Public Works Director, explained th�s is a request by the Fridley Methodist Church to allow encroachment into an existing easement with the vacation procedure to follow Mr. Sobiech felt there was no problem with the encroachment, as long as property to the west can be used for the new easement. MOTION by Counctlman Schneider to authorize encroachment of the public easement 6y �the Fridley Methodist Church until vacation proceedings are completed. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. RECEIVING THE MINUTES OF THE PLANNING COP^MISSION MEETING OF APRIL 20, 1977 MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission Meeting of April 20, 1977. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PARK METROPOLITAN INVESTP1ENT FUND: 7300 - 7320 UNIVERSITY AVENUE, CAR WASH; LS �77-02 Mr. Sobiech stated this request is for a lot split on an existing parcel of property located at the northwest corner of 73rd and University Avenues. He stated a special use permit was granted for this property in 1970 and at the time there was discussion regarding single ownership of the two structures on the parcel of land It was a� r ; nJ/o REGULAR MEETING DF MAY 2, 1977 PAGE 5 noted on the building permit that, if the bu�ldings came under indtvidual ownership, a lot split would need to be considered by the Council. Mr. Sobiech stated, in con,7unction with this item, there is also a request for a variance to reduce the side yard setback from 15 feet to 5 feet. The variance request is also on the Council's agenda this evening for their action. Councilman Schneider questioned if there was a problem as far as driveway access. , Mr. Steve Coddon, representative of Park Metropolitan Investment Fund, tndicated there was no conflict with the driveway for the properties. Mr Sobiech stated all requirements of the ordinance are met, with the exception of the side yard setback of 15 feet. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant Lot Split #77-02 to Park Metropolitan Investment Fund for property at 7300- 7320 University Avenue Seconded by Councilman Schneider. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. APPEALS COMMISSION MINUTES OF APRIL 12, 1977 The Council received the minutes of the Appeals Commission of April 12, 1977 and considered the following item in con,7unction wtth Lot Split #77-02. PARK METROPOLITAN INVESTMENT FUND, 7300-7320 UNIUERSITY AVENUE, CAR WASH: This request is for a variance of the side yard setback requirement of 15 feet to 5 feet for property at 7300-7320 U m versity Avenue. MOTION by Councilman Hamernik to concur with the recommendation of the Appeals Commission and grant the variance of the side yard setback requirement, with the ' stipulation that proper upgrading and maintenance of landscapin9 be provided. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. CANA�IAN FINANCE CORPORATION, SP '�77-02: Mr. Sobiech explained this special use permit is for property east of the City Hall to allow for construction of housing for the elderly in a single family zoning. Mr Sobiech stated th�s request wasprocessed through the Planning Commission and a public hearing held by the Plam m �g Commission with extensive review by the Plam m �g, Human Resources, and Commu m ty Development Commissions. Approval was recommended by the Plamm �g Commission with the stipulations that the agreement regarding maintenance and development of the site be executed. Mr Qureshi, City Manager, then reviewed the items covered tn the agreement to which Canadian Finance Corporation has indicated agreement. He indicated that the concerns mentioned at the Community Development, Human Resources and Planning Commission meet�ngs have been taken into cons�deration in the p�xposed agreement. Councilman Schneider questioned if the City envisions any assessments to property owners on 5th Street or Mississippi Street or the ad,7acent area. Mr. Qureshi stated no assessments are anticipated and he does not foresee the need for a special assessment pro,7ect. He noted provision has been made for ponding on the property to handle run-off water from storms. ' Counctlman Schneider stated he was impressed with a similar development in Golden Valley, but questioned the parkinq and services of the Social Services ��rector. Mr. Kahn, representing Canadian Finance Corporation, indicated the parking which will be provided is adequate and stated the Soctal Services Director will be full time. REGULAR MEETING OF MAY 2, 1977 PAGE 6 Councilman Hamernik stated he wanted to congratulate Canadian Finance Corporation for their fine public relations in working with the City to develop this plan MOTION by Councilman Hamern�k to concur with the recommendation of the Plannin9 Commission and grant SP $77-02 toCanadian Finance Corporation with the stipulation that the proposed agreement be executed regarding development of the site Seconded by Councilman Schneider. � Ms. Gladys Peek, 1047 North Circle, Fridley Terrace Mobile Home Park, indicated she was happy the Council was considering approval of this plan as she felt there was a great need in Fridley for housing for the elderly Mr. Earl Ellenwood, 1060 South Circle N.E., Fridley Terrace Mobile Home Park, felt this development would be an asset to the community and indicated he was in favor of it. Ms Pat Brennen, 6716 7th Street N.E., from the League of Women Uoters, felt low cost housing should be available not only for se m or citizens, but also for low and moderate income people. She questioned what percentage is available for low income persons. Mr. Kahn stated it is their intention to apply for rental assistance in both the senior citizens and family unit complex. Mr. Nick Garaffa, 6750 Monroe Street, questioned if there was a path around the pond to which the Council answered in the affirmative. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to receive the correspondence from the Anoka County , Commissioners in support of this development. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion cari°ied unanimously Mr. Kahn stated they haven't worked in a City that has been more cooperat�ve in meeting the needs of the community and felt the changes made in the plan have been to the advantage of the project and the correnunity. He stated they would continue to cooperate in any way they can to make the pro�ect a success Mr. Kahn indicated they would be submitting an application to the State for funding on the elderly building and felt a resolution from the Council would be helpful. Persons present at the meeting were given the address on where to write the State to indicate their support of this development. B. C. BROTTLUND, SP #77-03, 6431-33 & 6435-37 EAST RIVER ROAD: Mr. Sobiech stated this is a request for a special use perm�t to allow construction of two duplexes at 6431-33 and 6435-37 East River Road in an R-1, s�ngle family zo m ng district. Mr. Sobiech stated the petitioner has requested this item be tabled until he has an opportunity to meet with property owners in the area MOTION by Councilwoman Kukowski to receive Mr. Brottlund's letter requesting this item be table�. Seconded by Counctlman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the � Plam m �g Commission and deny SP �77-03 as filed by Mr. Barry Brottlund, as no hardship has 6een shown. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MARXEN TERRACE REPLAT, P.S. #77-02• The Council was requested to set a public hearing on this item MOTION by Councilman Schneider to set the public hearing for May 16, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. � �. REGULAR MEETING OF MAY 2, 1977 THOMAS MARXEN, SAV #77-02 The Council was requested to set a public hearing on this vacation request. PAGE 7 MOTION by Councilman Schneider to set the public hearing for May 16, 1977. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanir�ously. GOALS AND OBJECTIVES ACCESS. COMMUNITY vITALITY. AND MOTION by Councilman Schneider to circulate this item to the various civic orgam zations for the comments to have further discussion at the Council's Conference Meeting on May 23, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. R. D RIGNELL, 1171 LYNDE DRIVE. SWIMMING POOL FENCE: Mr Sobiech stated this is a request for a variance to allow the applicant, Mr. Rignell, to use an existing six foot horizontal redwoodclimbable fence as an enclosure for a swtmming pool at 1171 Lynde Drive N.E. The Appeals Commission reviewed this item at the�r April 12, 1977 meeting and recommended denial. Mr. Rignell appeared before the Council regarding his request for a variance to use the existing fence. He felt this fence is not climbable for toddlers and that he is being faced with the problem of constructing a barrier that is non-climbable to all ch�ldren in the area. He indicated onlyo une neighbor has ob�ected to the variance, but understood that persons not living in his same block are objecting to the present fence. Mr. Rignell felt it was not his responsibility to protect older children, who could leave their yards, from his pool. The City Attorney was questioned as to the City's liability. Mr. Herrick, City Attorney, stated the City has a responsibility, if they are going to permit private pools in a R-1 area, to require a minimum protection against children who are below the age of reason or discretton from stumbling into the pool or drawn to what is commonly referred to as an "attractive nuisance" for children He stated obviously a fence couldn't be built that would prevent teenagers from entering the pool and explained the term "climbable" is a fine line. He stated there was a lengthy discussion about the fence issue when the ordinance was adopted and there was a request there be no handholds or footholds He felt there had to be a standard and the ordinance enforced uniformly. Mr Sobiech asked Mr. Rignell if he had considered filling in the gaps to make it a solid board-on-board fence which would 6e more unclimbable. Mr. Rignell stated he did not feel he should have to as he felt it is unclim6able as it exists. He further stated he would not have proceeded with construction of the pool, if he was aware the existing fence would not have 6een acceptable. Mr. Doug Strong, 5720 Regis Drive N.E., owner of the property to the east of Mr Rignell, felt this was a life hazard situation. He stated he has three children, one being four years old, and has found her on Mr. Rignell's fence, but not climbing over. He further stated the redwood fence is rotting and suggested an inspection to check the posts Mr. Rignell ind�cated Mr. Strong has piled dirt against his fence putting a greater 6urden on it and has placed chicken wire on the fence for the benefit of his garden and an area for his cucumbers to climb. Mr. Steve Eggert, 1080 Hathaway Lane N E., felt strongly against the fence now being used on Mr Rignell's property. Ms. Carol Eppel, 5721 Regis �rive N.E., indicated the fence was there when Mr. Rtgnell moved into the house, and speaking as a neighborhood parent, she felt the fence was not adequate protection for the swimming pool. She requested the Council deny the variance. � ` J � REGULAR MEETING OF MAY 2, 1977 r �� PAGE 8 P4r. Rtgnell's position was that the fence is solid and non-climbable and requested additional time so he could obtain the services of an attorney to represent him in this matter MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and deny the variance on the sw�mming pool fence on the grounds that it does not comply with the existing ordinance and represents a hazard to children. � Motion failed for lack of a second. MOTION by Councilwoman Kukowski to table this item to the May 9, 1977 Council Meeting. Seconded by Councilman Fitzpatrick � Councilman Fitzpatrick stated, in general, he felt the ordinance should be enforced, but agrees that the request for additional time is a reasonable one and, therefore, has seconded Councilwoman Kukowski's motion. UPON A VOICE VOTE TAKEN ON THE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. J. A SACCOMAN, 451-453 54TH AUENUE, DUPLEX: Mr. Sobiech, Public Works �irector, stated this is a request for a variance to reduce the front yard setback from the required 35 feet to 31 feet to allow construction of a duplex and garage in a R-2 zone at 451-453 54th Avenue N.E. MOTION 6y Councilman Fitzpatrtck to concur with the recommendat�on of the Appeals Commission and grant this variance for Mr. Saccoman to reduce the front yard setback by 4 feet. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. PIZZA HUT, 255 57th AUENUE N E.: Mr. Sobiech stated this is a request for a variance to allow off-street parking from the required 20 feet from the property line abutting a public right-of-way to 0 feet, to allow construction of a Pizza Hut at 255 57th Avenue N.E Councilman Fitzpatrickvoiced concern, if they are go�ng to need additional �arking, the question arises whether they have the room for this antic�pated trade on this parcel of property. The applicant stated they meet mim mum requirements, however, the owner wishes to use as much of the property as they can for parkina as he felt the high volume location warrants additional parking. Councilman Fitzpatrick was also concerned that it is proposed to sell beer at the Pizza Hut and property owners in the area have not had an opportunity to be heard. Councilman Fitzpatrick indicated he did appreciate the agreement to fence in order to contain dehris. Councilman Schneider stated he shared Councilman Fitzpatrick's concern about the sell�ng of beer without hearing from property owners tn the area. Councilman Fttzpatrick stated he agreed with the statement that the fence is more beneficial to the immediate community than the extra parking is detrimental to it. He did state this request ts for something that ad,7acent properties are already practicing, that is, parktn9 up to the property line. � MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and approve the variance with the stipulation for fencing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the r„otion carried unanimously. Mr. Qureshi suggested working with Holiday Auto Center to provtde good solid screening. RECESS: Mayor Nee called a recess at 10:50 p.m. RECONVENED Mayor Nee reconvened the meeting at 11:05 p m. Al1 Councilmembers were present ��� REGULAR MEETING OF MAY 2, 1977 PAGE 9 ON PJO. 49-1977 - IN SUPPORT OF HOUSE FILE 15 AND SENATE FILE 100 FOR APPROPRIATION nc rno 'rur Gnnmm�rrnni nG Tci nninc nr ornrr rnirnoononTrn. Mr. Herrick, City Attorney, read the above resolution in its entirety and requested the Council consider adoption. MOTION by Councilwoman Kukowski to adopt Resolution No. 49-1977. Seconded by Council- ' man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Langelfeld felt this resolution was reasonable and practical and thanked the Council far their time. Mr. Qureshi, City Manager, indicated he hoped the Council's support, tn adopting this resolution, will be helpful in obtaining funds for construction and future maintenance of the Islands of Peace facility. The Counctl requested copies of this resolution be mailed to the appropriate f�nancing committees in the State and to all persons concerned. IVING THE MINUTES OF THE CAT� COMMISSIDN MEETING OF MARCH 30, 1977: MOTION by Councilman Schneider to receive the minutes of the CATV Commission Meettng of March 30, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE FRIDLEY POLICE CIUIL SERVICE COP1PIISSION MEETING OF APRIL MOTION by Councilwoman Kukowski to receive the minutes of the Fridley Police Civil Service Commission Meeting of April 19, 1977. Seconded 6y Councilman Schneider. ' Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. RECEIVING AND REVIEW ANNUAL FINANCIAL REPORT OF THE CITY OF FRIDLEY Councilman Hamernik stated he would favor delaying action on this item for at least a week and requested it to be placed on a future Council agenda for discussion. MOTION by Councilwoman Kukowski to receive the report. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 45-1977 - WITHDRAI+IING THE BALANCE OF THE SPECIAL ASSESSMENT ON LOTS 6-10, BLOCK 27, HY�E PARK, UNDER THE TREATMENT AN� REMOVAL OF TREES 1975 ASSESSMENT ROLL WHICH WAS APPROVED BY RESOLUTION N0. 186-1975: Mr. Qureshi, City Manager, explained the property owner, 'Mr. Zizak 5791 2z Street N.E., has submitted copies of checks payable to Raymond Hegna, 5770 Third Street, for removal of trees and he was also assessed for this tree removal by the City. MOTION by Councilman Fitzpatrick to adopt Resolution No. 45-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unantmously RESOLUTION N0. 46-1977 - AUTHORIZING THE EXECUTION OF A RIDER TO AN AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE BOARD OF WATER COMMISSIONERS OF THE CITY OF ST PAUL: Mr. Sobiech, Public Works Director, stated the purpose of this rider is to ensure the � St. Paul Board of Water Commissioners that specif�cations would be followed regarding construction over their waterworks. MOTION by Councilwoman Kukowski to adopt Resolution No 46-1977 and authorize the Mayor a'nd City Planager to execute the rider agreement. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � REGULAR MEETING OF MAY 2, 1977 RESOLUTION N0. 47-1977 - AUTHORIZI WITH PAGE 10 )KA COUNTY TO MOTION by Councilman Fitzpatrick to adopt Resolution No. 47-1977. Seconded by Councilman Hamernik. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 48-1977 - EXPRESSING CONCERN OVER THE PROPOSED SALARY INCREASE NEGOTIATED FOR HIGHWAY PATROL OFFICERS: Mr. Qureshi, City Manager, read this resolution to the Council, to be submitted to the Legislature, regarding Patrol Officer"s salaries. MOTION by Councilwoman Kukowski to adopt Resolution No. Councilman Hamernik. Upon a voice vote, all voting aye, carried unanimously. CLAIMS 48-1977 Seconded by Mayor Nee declared the motion MOTION by Councilman Hamern�k to authorize �ayment of Claims No. 102B04 through 1 U881. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: Eugene A. Hickok and 454 Indian Mound Wayzata, MN 55391 Associates, Inc. Moore Lake Evaluation and Restoration Project Estimate No. 1 $1,572.03 MOTION by Councilwoman Kukowski to approve the estimates as submitted. Seconded by Councilman Hamernik. Councilman Schneider questioned if the estimate from Hickok and Associates �s for work now being performed, to which Mr Sobiech answered in the affirmative. Mr Sobiech also stated the City, to date, has provided about $400 - 3500 in City help in cooperating with Hickok and Associates in this project. UPON A VOICE VOTE TAKEN ON THE MOTION, all voting aye, Mayor Nee declared the motion carried una m mously. LICENSES MOTION by Councilman Hamernik to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider Councilwoman Kukowski questioned the $12 for a Tavern License for Canterbury Pub Mr. Brunsell stated this amount was for the balance of the 1976-77 year Councilman Schneider questioned if staff makes any inspections in connection with these licenses,and Mr. Sobiech indicated inspections were made and applicants informed of violations. Councilman Schneider indicated some vtolations of the sign ordinance now extst in the City. UPON A VOICE VOTE TAKEN ON THE MOTION, all voting aye, Mayor Nee declared the motton carried unanimously. �� REGULAR MEETING OF MAY 2, 1977 COMPLAINT - COMMONS PARK PAGE 11 Mayor Nee stated he has received complaints from Mr. Frank Owata, 548 63rd Avenue N.E , of persons using the horseshoe court in Commons Park throwing bottles in his yard. He requested staff to check into this matter. ADJOURNMENT. MOTION by Councilwoman Kukowskt to ad�ourn the meeting. Seconded by Councilman Hamern�k. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of May 2, 1977 ad�ourned at 11:30 p.m. Respectfully submitted, . '� ��u, � � ��- zL�-s �� � Carole Haddad Secretary to the City Council � / r/ Approved ���G/ �LJ, � r% / �� William J. Nee Mayor 1 � '