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07/25/1977 - 00014440, � �I THE MINU7ES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 25, 1977 The Regular Meeting of the Fridley City Council of July 25, 1977 was called to order at 7:35 p.m. by Mayor Nee. PLE�GE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT APPROUAL OF MINUTES: Councilwoman Kukowski, Councilman Schneider, Mayor Nee, Councilman Hamernik, and Councilman Fitzpatrick None REGULAR COUNCIL MEETING OF JULY 11, 1977: MOTION by Councilwoman Kukowsk� to approve the minutes of the Regular Meeting of July 11, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as presented. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: ISLAN�S OF PEACE. Mr. Ed Wilmes, 6350 Riverview Terrace N.E., appeared before the Council regarding the Islands of Peace Foundation. He stated his comments were being made, not as a member or official of the Foundation, but as a founder of the Foundation. He indicated last week there was an article in the Sun Newspaper about the Islands of Peace being open to the public and felt it was time the Foundation said why the Islands of Peace should be open to the public. Mr. Wilmes stated, from the bery beginning, the concept of the Islands of Peace was not to have an area that would be exclusively for the handicapped. He felt, if this would happen, it would be tragic as 1t would Zsolate the handicapped from other people. He indicated, from the calls he has had over the last few weeks, the public and handicapped do not want the Islands of Peace to be used exclusively for the handicapped. He would like word to get around the Islands of Peace are not exclusively for the handicapped. Referring to programs, Mr. ldilmes stated it was hard to define. He stated a method was 6eing worked out by the University to seek out a program that is best suitable for the Islands of Peace. He felt suggestions should be combined from the City staff and to work with all municipalities, through the Park and Recreation people, to prov�de the best programs for the handicapped and able 6odted He felt, when the reception center is constructed, the Foundation is capable of undertaking the operation of the fac�lity with cooperation of the City. STOP LIGHT - EAST RIVER ROAD AND OSBORNE ROAD: Ms. Mary Martin, 133 Stonybrook Way N.E., appeared before the Council regarding the stop light at East River Road and Osborne Road. She inquired as to how the signalization was to be set up at this intersection and outlined the danger for pedestrians crossing at the intersection. � � �� �I /1ai REGULAR MEETING OF JULY 25, 1977 PAGE 2 Mr. Sobiech, Public Works Director, stated the Ctty ts working with the County in upgrading this intersection. There would be realighment of some of the standards and relocation of the posts for the signalization. He indicated the City would work with the County regarding the pedestrian crossing problem. Ms. Martin stated she felt th�s was necessary because of the danger of crossing at this intersection. OLD BUSINESS: CONSI�ERATION OF FIRST READING OF AN OR�INANCE AP4ENdINf, CHAPTER 11, SECTION 11.10 Mayor Nee explained the proposed revised fee schedule would begin with $5,000 where there is no entertainment and $6,000 where entertainment is provided. He explained banquet facilities used less than three times per week, on the average, are counted at one-half actual size in determ�n�ng the fee. Councilman Schneider questioned how the City would keep track of the amount of utilization of the banquet facilities. Mr. Brunsell, City Clerk, indicated the City would have to rely mainly on the owner's honesty, however, he did not foresee any problem with this. Councilwoman Kukowski asked if a floor area chart was drawn for the businesses to indicate how their floor area determines the fee charged. Mr. Brunsell stated the areas were not recalculated based on the revised proPosal. Councilwoman Kukowski indicated, of all the proposals, she finds this one most acceptable. ' Mr. Mark Haggerty, Prestdent of the Chamber of Commerce, stated the Directors of the Chamber of Commerce met and voted unanimously to oppose any increase in the liquor license fees. He felt the City should not be penaliz�ng some of the local , business for upgradtng their particular establishments. He stated it would be poor timing to increase the fees at this time, one of the reasons being the establishments are facing an increased sales tax on liquor for support of the new stadium. He also felt increasing the fees would have a damaging effect on new businesses that want to come into Fridley. He cited fees from Blaine, Coon Rapids, and Columbia Heights, which were lower than Fridley; and stated businesses may go elsewhere. He felt the Council should defer this item for a year or so and review it again at that time. Counc�lman Schneider questioned when the new fee schedule would 90 into effect, if the ordinance as adopted at this time. Mr. Brunsell stated it would not go into effect untii May i, 1978, with the exception of the new esta6lishments. Mayor Nee explained the present fee does not defray the costs to the City and the other alternative is taking it out of general taxes. He stated he hoped the Chamber of Commerce Board had discussed the alternative. Mr. Haggerty stated, when this was discussed by the Board, they were informed �t was a stra�ght fee. He indicated most everyone en�oys the M gh caliber the l�quor establ�shments maintain in the C�ty and felt it was very difficult to determtne the costs to the City He stated the Board felt, at this time, Fridley's liquor license fee is competitive with other cities. He stated one of the primary considerations was the House of Lords, which they felt would be an additional burden on the new establishment, since there are other capital investments being made in order to open the business. He stated another consideration the Board discussed was the new , State tax for the stadium bill. He stated he can understand the City's reasoning for the increase, but felt the timing was bad. Mayor Nee stated he hoped they coultl understand that costs have risen and that is why they are proposing the raise in fees. Mr. John Purmort, House of Lords, questioned if there were more costs to regulate the liquor establishments in relation to other businesses in the City. Ma�or Nee indicated the City has higher police costs and this is the only area, as far as he knows, where they have unusual costs. Mr. Purmort felt, if their police costs are that much more than other businesses, the fees should be raised; however, he could not see where police costs for the liquor establishments are that much more than other 6usinesses. � REGULAR MEETING OF �ULY 25, 1977 PAGE 3 Mr. Bill Nicklow, Shorewood Inn, stated they employ a houncer to keep things in ltne. He stated the proposed new fee schedule would tncrease his fees by 40% and he felt that was a little high. Councilman Fitzpatrick stated he could live with a layover of a year in view of the State tax. However, he indicated this then implies that costs haven't risen in the last five years to which the Council is cognizant that they have. Councilman Hamernik indicated, in considering this ordinance, it would not go into effect until May of 1978 and this would be almost a year. He stated he would be in favor of the revised proposal with implementation on the anniversary of renewal of the license. Counc7lman Schneider indicated he shared Councilman Hamern�k's viewpoint. He stated the increase would not take effect until next year and definitely would be in favor of the lower increase. Regarding the banquet facilities, he felt he would be more comfortable with using less than four or five times per week, rather than three times per week. He felt, if action is not taken until next year, there would 6e a two year delay and it was not fair to the public to take from the general fund to cover the cost of the licenses. Councilwoman Kukowski indicated she would like to see the floor areas for the establishments. She stated she would be in favor of tabling this item until next year and felt uncomfortable with the increase in view of the action by the State in incrasing the tax. MOTION by Councilman Hamernik to waive the readina and approve the ordinance upon first reading. Seconded by Councilman Schneider. _'�' MOTION by Councilman Hamernik to amend the ordinance by dropping the base fee $500, and starting at the base of $4,500, for no entertainment, with �ncreases to � $4,750 and $5,000, depending on square footage. The base fee for entertainment and/or dancing would 6e $5,500 with increases of $5,750 and $6,000 depending on square footage. Seconded by Councilwoman Kukowski. MOTION by Councilman Hamernik to amend the paragraph of the ordinance regarding banquet facil�ties by striking the word "three" and substituting the word "five " Seconded by Councilman Schneider. � MOTION by Councilman Hamer m k to add a paragraph to the ordinance which shall read as follows: "This fee schedule shall take effect on May 1, 1978." Seconded Councilman Fitzpatrick. UPON A VOICE VOTE TAKEN ON THE THREE AMENDMENTS, all voting aye, Mayor Nee declared the motion carr�ed unanimously. It was requested staff furnish an analysis of the impact of the new fees before second reading of the ordinance UPON A VOICE VOTE TAKEN ON THE MAIN MOTION to adopt the ord�nance upon ftrst readin9, all voting aye, Mayor Nee declared the motion carr�ed una m mously. N0. 657 - FOR ZONING ORDINANCE AMENDMENT ZOA #77-02, RDBERT FLATEN rnnnn nn � Tn n i i�c ri v crnrrT ni r. MOTION by Counc�lman Fitzpatrick to waive the second readrng of Ordinance No. 657 and adopt it on the second reading and publish Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mous7y NEW BUSINESS. CONSI�ERATION OF FIRST READING OF AN ORDINANCE FOR ZONING ORDINANCE AMENDMENT ZOA #77-03, C. �. CHANDLER, TO REZONE FROM R-2 TO C-1S TO R-3, GENERALLY LOCATED BETWEEN 64%z WAY AND MISSISSIPPI PLACE ON THE WEST SIDE OF EAST RIVER ROAD: Mayor Nee stated the Planning Correm ss�on recorrmended approval with a stipulation. Mr. Sobiech, Public Works Director, stated the stipulation was that traffic ingress and egress on Mississippi Place only. Mayor Nee questioned how many units the R-3 zoning would accomodate. Mr Sobtech stated up to eight, but seven would be most feasible /iI REGULAR MEETING OF JULY 25, 1977 PAGE 4 Councilman Fitzpatr�ck indicated he was not inclined to r�ove the rezo m ng of the R-1 property over the opposition of the people in the neighborhood. Councilman Fitzpatrick stated the ob,7ections were to increased traffic on a residential street and increased pressure on inadequate recreational facilities He felt, by locating the parking lot on the north end, part of the traffic would be eliminated, however, because of the situation at the exits, people wili drive around the block to exit on the other end. He felt, in general, there would be increased traffic in a residential area. Councilman Sch�eider stated he shared Co�ncilman Fitzpatrick's concern and couldn't comfortably go along with rezontng in the R-1 portian. MOTION by Councilman Fitzpatrick to deny the rezo m ng based mainly on increased traffic tn a residential area, increased pressures on inadequate recreational facilities and opposition by the R-1 proparty owners to rezoning the R-1 property. Seconded by Councilman Schnerder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The petitioner requested that all minutes from the Plannin9 Commission and Council perta� m ng to this item be forwarded to his attorneys, Dorsey, Marquart, Windhorst, West & kalladay. DERATION OF FIRS :1 MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR STREET AND ALLEY VACATION I MOTION 6y Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Namernik. Upon a voice vote, al7 voting aye, Mayor Nee declared the motion carried unanimously, RECEIVING THE MINUTES OF THE PLANNING COMMISSION P9EE7ING OF JULY 13. 197Z. APACHE CAMPING CENTFR, SPECIAL USE PERMIT SP �r77-04, 770] EAST RIUER ROAD: Mr. Sobtech, Public Works Director, explained the Planning Commission held a public hearing on this request for a special use permit and recommended approval with certain stipulations. He explained the petitioner met with property owners in the area and there is general agreement between them regarding operations at this site. The Plamm �g Commission recommended the following stipulations• 2. 3. 4. 5. 6. 7. That the development of the property be general]y consistent with the plat plan submitted by Apache Camping Center, corrected to show two concrete slabs ad,7acent to the showroom That landscaping be improved sub,7ect to the approval of City staff, with showroom visibility accepta6le to the tenants and adjacent neigh6ors. That there be no outside loudspeakers. That outside lighting after 1D•DO p.m. be limited to security lighting of the property (the illumination being such a nature that it would not be annoying to the adjacent neighborhood). That there be the maximum of two um ts (one on each concrete slab located ad,7acent to the showroom) displayed in front of the showroom. That there be no test dr�ving in the residential area Any unsigh tly storage be stored at the rear of the property (behind the building). � ' 1 � � � !.l REGULAR MEETING OF JULY 25, 1977 8. That the drlveway on East River Road not be used by customers. 9. Sales of motorcycles and snowmobiles be excluded PAGE 5 Mr. Sobiech mentioned another stipulatton which might be added is that the special use permit be granted to the property owner for thts particular use only. He stated the interpretation the staff now uses is that this special use perm�t is for a particular use and if anyone else wanted to use the facility for something other than this use, it would be necessary to come back before the Council. However, if the property were used for the same type of display that is now proposed, it would not come back to the Council. Mr. Herrick, City Attorney, agreed with the interpretation by the staff in this regard. Councilman Fitspatrick questioned if these stipulations were accepted 6y the property owner. Mr. Wormsbecker, 13401 Southridge Road, stated he is involved in the lease and the property owner is aware of the stipulat�ons, and he does not think there will be any problems. Mayor Nee questioned the amount of square footage to be used by the Apache Camping Center. Mr. Sobiech indicated they would be using about 4,000 square feet in the rear of the building. Councilman Fitzpatrick indicated the request is for a particular use of a portion of the building and eventually there would probably be a request for use of the remainrng part of the building. Mr. Sobiech explained the zom ng of the property is C-2S. Mayor Nee stated he personally does not like the idea as he has a bad feeling about display when they are tryin9 to keep it as a residential area. He questioned if the neighborhood agreed to this special use permit. Ms. Mary Martin, 133 Stonybrook Way N.E., felt the ne�ghborhood realizes something will be going in the building and this seemed to be the best alternative. She stated it is zoned commercial, and residential would be the only better use. She indicated, as far as she is concerned, this business is probably not goin9 to bring in a lot of people and the petitioner has agreed to only two vehicles in front of the buildtng. She stated the residents are probably �n agreement that this is the best possible use at the moment. She requested an added stipulation that when the camping center is no longer in business, the special use permit wauld expire. MOTION 6y Councilman Fitzpairick to concur with the Planning Commission and grant SP #77-04 w�th the nine stipulations as outlined in these minutes and with the added stipulation that this permit is issued to Apache Camping Center and the spec�al use permit shall cease, if the use changes Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. SPECIAL USE PERMIT, SP #77-07, 6040 BENJAMIN STREET: Mr Sobiech stated this is a request for a special use permit to allow construction of a 27' x 24' attached garage to 6e used as an accessory building at 6040 Ben�amin Street. He stated the Planning Commiss�on held a public hear�ng and recommended approval of this request. Mr. Sobiech presented a preliminary plan for construction of this accessory building. He explained the new building and dr�veway will be off Ferndale Avenue. MOTION by Councilman Schneider to concur with the recommendation of the Plam m �g Commtssion and grant SP #77-07. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �_:a;r REGULAR MEETING OF JULY 25, 1977 ROGER STENE, SPECIAL USE PERMIT 5P #77-08, 870 PANDORA DRIVE: Mr So6iech explained the map in the agenda book was incorrect and the property is actually on Pandora Drive and not Rice Creek Terrace. PAGE 6 Mr. Sobiech stated the request is for a special use permit to retain the use of 6oth ex�sting attached garages and to permit an existing drive to the oriqinal garage to remain as is He stated a building permit was issued in May of 1972, and at that time it was stipulated that the driveway to the or�ginal garage be removed and this 9arage be used �ust for storage. He explained that stipulation was not met; and due to concerns of residents in the area, the pet�tioner was advised he would have to come before the Council to obtain a special use permit to allow the original driveway and to use the original garage for storage Councilman Hamernik indicated he has talked to the property owner and residents in the area and has no ob,7ection to this special use permtt, MOTION by Councilman Hamernik to concur w�th the recorranendation of the Planning Commission and grant SP #77-08. Seconded by Councilman Fitzpatrick. Mr. Stene stated he has a petition from residents in the area and only one resident ob�ected to th�s request. He believed the complaint may have arisen because he had made a complaint on a neighbor's bee hives. Councilwoman Kukowski stated that was not the property owner that had contacted her, but others that signed the petition had called and were concerned about Mr. Stene running a business from his home. She stated she helieves the problem has been resolved. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously SHERWOOD JORDAHL, SPECIAL USE PERMIT. SP �77-09, 1441-1443 RICE CREEK ROAD N.E.. Mr. Sobiech explained this is a request to allow construction of a double bungalow in an R-1 zoning district at 1441-1443 Rtce Creek Road N.E. He stated, at the hear�ng before the Planning Commission, there was some ob�ection from the res�dents in the area. He submitted a proposed plan for the double bungalow. Councilman Schnelder asked why this was handled as a special use permit, as opposed to a rezoning. Mr. Sobiech explained there is a section in the Zoning Code which allows a two family home in an R-1 district, with a special use permit. Councilman Schneider stated he talked with most of the residents in the immediate area and although there is a general feeling in opposition, it certainly isn't a strong feelin9, with the except�on of two people. Mr. Sobiech stated, from a plam m �g standpoint, it is a permitted use as far as the Zo m ng Code. Ne indicated the dwelling would not look like a multiple unit and would maintain the single family effect. Counci7man Schneider stated concerns were that thts area was a11 single family and the double bungalow could destroy the character of the neighborhood. and that there are other lots in the area where there may be petitions to construct double bun9alows, if this special use permit is granted. Ms. Karla Larson, 7528 75th Avenue N.E., tndicated she was a disinterested party, but was at the Planning Commission meeting when this item was considered. She brought out the cost of the double bungalow was to be in the $90,000 bracket and felt the rental would be such that you would not obtain any undesirable tenants. Mayor Nee explained th�s was brought out in the Plamm �g Commission minutes. Mr. Herrick felt the Council should not grant this request, unless there is something unusual about the situation He felt, if the special use permit is granted, it should be ,7ustified on the basis of something unique ahout the lot and so it would be sensible to allow a double bungalow. Mr. Sobiech stated the lot is over 30,000 square feet, but it could be a problem to allow for two single family lots in a north/south direction ' 1 1 _� � REGULAR MEETING OF JULY 25, 1977 ' traffic on � PAGE 7 Mr. Qureshi, City Manager, also felt there should-be a clear identification on why the City would allow a double bungalow on the lot, if the special use permit is granted. Mayor Nee stated he wished the Plann�ng Commission had looked at the application from this viewpoint. Mr. Qureshi stated some of the things that makes this lot unique is the easements on the lot, size of the lot, and Kerry Lane exists directly oppos�te to this lot. MOTION by Councilman Schneider to concur wtth the recommendatton of the Planning Commission and approve SP #77-09 because of (1) the large size of the lot in question, (2) the drainage ditch at the rear of the lot and thP drainage easement on the east side of the lot making a lot split difficult; and (3) the un�que hardship of lights Kerry Lane shining on the lot. A further stipulation of the special use permit from is sub�ect to the City administrative staff approving the plans which shall be substantially similar to the one presented this eve m ng Seconded by Councilwoman Kukowski. Upon a vn�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee suagested perhaps the Planning Commission should review this section of the Zo m ng Ordinance Mr Herrick indicated he was not sure where this suggestion originally came from or if it was a recommendation of the Planning Commission. MOTION by Councilwoman Kukowski for the Planning Commission to review the Zo m ng Ordinance with special consideration to the section which allows construction of a two family dwelling in an R-1 zoning district. Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MEADOWMOOR TERRACE, 2ND AD�ITION REAPPROVAL, PLAT SUB�IVISION P.S �77-05 Ms. Karla Larson, '528 75th Avenue N.E., stated they would like to start construction as soon as poss�ble. Mr. Sob�ech stated the plat consists of 13 single family lots between Central Avenue and Arthur Street on the south side of 76th Avenue. MOTION by Councilwoman Kukowski to set the public hearing and publicize. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, h4ayor Nee declared the motion carried una m mously. K.B.M. INVESTMENT, LOT SPLIT L.S. #77-07, WYMAN SMITH, 732 AVENUE N.E.. Mr. Sobiech explained this is a request for a lot split generally located 6etween Onondaga Street and 73rd Avenue He stated the Planning Commission reviewed this request and recommended approval. He stated it was suggested to the petitioner that possibly additional property could be acquired to the north to eliminate any need for a variance He stated the petitioner had contacted these persons, but apparently there was no interest shown in selling the property Mr. Haggerty appeared before the Council regarding this lot split. He stated the property, the way it exists now, does present a hardship. He stated, if � Lakeside had gone through, they would have had a fairly decent lot; however, with the vacation of the street, there is a depth problem with the lot. He indicated a variance will probably be requested as they could not obtain add�tional property to the north. M�7ION by Counctlman Schneider to concur with the recommendat�on of the Plamm �g Commission and grant LS #77-07 recognizing that the two R-1 lots are less than the 9,000 square feet stand�rd and the development of the R-1 lots may require a variance request on setbacks. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning�Commission Meeting of July 13, 1977. 5econded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. _F �, ? REGULAR MEETING OF JULY 25, 1977 PAGE 8 Councilman Schneider indicated there was an area in the minutes he was concerned about where reference is made to someone speaking in favor of a speciai use permit and the person was not identified. Also, one of the members left the meeting early and he was trying to figure out the 3 to 2 vote. He indicated he would like this information, if possible. RECEIVING THE MINUTES OF THE CABLE TELEUISION COMMISSION MEETING OF JULY 6. 1977: MOTION by Councilman Hamer m k to receive the mrnutes of the Cable Television Commission Meeting of ,luly 6, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE PIINUTES OF THE POIICE CIVIL SERVICE COMPIISSION MEETING OF JULY MOTION by Councilwoman Kukowski to receive the minutes of the Police Civil Service Commission Meeting of July 14, 1977 Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. CONSIDERATION DF AUTHORIZATION TO EXECUTE GRANT APPLICATION FOR OUTDOOR ATHLETIC COURT �EVELOPMENT Mr Qureshi, City Manager, explained time is of essence, if the Council wished to apply for this grant as it is on a first-come, first-served basis. The locations involved in this grant application would be Stevenson School and Woodcrest School in which School District �16 would participate for this particular location. MOTION by Councilman Fitzpatrick to authorize the execution of the grant appl�cation. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF PROGRAM FOR SALE OF SUBSTANDARD TAX FORFEIT PROPERTIES. Mr Herrick, City Attorney, requested a decision not be made this evening as he has been in contact with the County Attorney's office involving a cooperative program. MOTION by Councilman Fitzpatrick to table this item and place on a future agenda at the discretion of the administration. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 70-1977 - APPROVING A PROPOSED AMENDMENT TO THE LEASE AND SUPPLEMENT TO THE INDENTURE BETWEEN THE CITY AND SAFETRAN SYSTEMS CORPORATION, AND RELATED ITEPIS: Mr. Herrick, City Attorney, explained when the industrial revenue bonds were approved for Safetran Systems Corporation, there were complications because the property had a Torrens title and the landowner did not have a sufficient survey to split off the property that the buildin9 for Safetran was to be constructed on. Therefore, the mortgage was given on the entire tract and it was agreed the owner had the right, at some future t7me, to have the lease and the mortgage amended to have �t apply simply to the new construction and the 7and for this construction. He stated they have elected to exercise that option so this is the reason these amendments to the indenture and lease is before the Council. ' ' Mr Herrick stated it was understood between the parties, in order not to delay the start of construction until the property could be split, that the mortgage ' would be on the ent�re parcel and then would be split off He stated the City still has the same security that was orig�nally intended. MOTION by Councilwoman Kukowski to adopt Resolution No. 70-1977 and related items which amend the lease. Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously � J 1 � Y REGULAR MEETING OF �ULY 25, 1977 RESOLUTION ND. 71-1977 - DIRECTING THE ISSUAPJCE OF TEMPORARY IMPROVEM PAGE 9 MOTION by Councilwoman Kukowski to adopt Resolution No 71-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. RESOLUTION N0. 72-1977 - DIRECTING THE SALE AND PURCHASE OF TEMPORARY nn.inc .ni nrrnnnnurr i.irrn i ni.ir nr inc� riinn�rrn ooc. MOTION by Counci7man Schneider to adopt Resolution No. 72-1977. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT - HUMAN RESOURCES COMP4ISSION MOTION by Councilman Hamernik to nominate David Thiele for appointment to the Human Resources Comm�ssion. Seconded by Councilwoman Kukowski. Councilman Hamernik stated Mr. Thiele submitted a resume in February of this year and thinks he would 6e a welcome addition to the Commission. Councilman Fitzpatrick stated he wished to bring it to the attention of the Councilmembers that Mr. Larry Chevalier had indicated an �nterest in any Commission. He stated Mr. Chevalier called him and has been very interested in becoming more active in City government. He felt the Council should be aware of Mr. Chevalier's interest in cons�dering future appointments. There being no other nominations, they were closed by Mayor Nee UPQN A VOICE VOTE TAKEN QN THE ABOVE MOTI�N, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A LI BECKLER. FDR THE N.E. Mr. Sobiech stated this request is to allow, on a temporary basis, a house trailer at the northeast corner of Cheri Lane and 7th Street. He stated the Metropolitan Council is currently conducting a contest where builders compete to come up with some form of low cost housing. Mr. Beckler has indicated he would like to participate in this competition by displaying one of his mobile homes on this site. Mr Sobiech stated this mobile home could be allowed on a temporary basis, with Council approval. Councilman Schneider questioned for what period of time Mr. Beckler would like the license issued Mr. Beckler stated he would l�ke at least 90 days, as he felt if they do well in the competition, he would like to have the mobile home on the premises for a short period of time. He explained the mobile home is 26' x 48' with masonite on the exterior and the interior is vinyl clad sheetrock with wood windows. He felt, however, before he went to the expense of temporarily putting the mobile home on the site, he would check further into the costs involved and determine if it would be worthwhile. Councilman Fitzpatrick questioned if the residents in the area were aware of this request. Mr. Sobiech indicated there was no notification on this request for the temporary license. MOTION by Councilman Schneider to grant the temporary house trailer license with an expiration date of Novem6er 1, 1977 and request staff to notify the immediate restdents of the temporary nature of this license. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. . S� � ��f REGULAR MEETING OF JULY 25, 1977 LICENSES: PAGE 10 MOTION by Councilman Hamerm k to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded 6y Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES• Law Offices 1154 East Grain Exchange Building 412 South Fourth Street Minneapolis, MN 55415 For Services Rendered by Douglas A. Hed7n to the Ctty of Fridley Cable Televiston Comm�ssion from March 1976 through July 1977 George M. Hansen Company Certifi ed Publ�c Accountants 175 South Plaza Building Wayzata Boulevard at Highway 100 Minneapolis, MN 55416 For Audit of the City of Fridley Smith, �uster, Feikema, Chartered 1250 Builders Exchange Building Minneapolis, Minnesota 55402 For Services Rendered as Prosecutor for June, 1977 Weaver, Talle & Herrick 316 East Main Street Anoka, MN 55303 For Services Rendered as City Attorney for June, 1977 $1,038.65 �1,300.00 $1,300.00 $2,450.60 MOTION by Councilwoman Kukowski to approve the estimates as listed above. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. CLAIMS. MOTION by Councilman Hamernik to authorize payment of CTaims No. i94A08 through 200755. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. CDMMUNICATIONS: MINNESOTA DEPARTMENT OF PUBLIC SAFETY ACCEPTING SELECTIVE TRAFFIC ENFORCEMENT PROGRAM: Mr. Qureshi stated, �n March of this year, a letter was sent to the Department of Public Safety for the State of Minnesota for the possible funding of a special traffic enforcement pro�ect. He stated the communication from Mr. Novak, dated July 19, 1977, inriicates the State has looked at this proposal favorably and are requesting, if the City wishes to proceed, to make a formal applicat�on. Mr. Qureshi made reference to Mr. Hiii's memo dated Juiy 21, T977 where certain items of the proposal are outlined. He stated Mr. Hill makes reference to the request for five additional police officers, however, the proposed budget does not include funding for these positions. Mr Qureshi indicated he did not know what resources would be available to the City from the State. He requested direction from the Council if they wished to proceed with the formal application and on what basis; that is, using on7y existing personnel and rasources or expand on the basis of hiring additional police officers. He , � � REGULAR MEETING OF JULY 25, 1977 PAGE 11 felt there was a need for the Selective Traffic Enforcement Program in the City 6ecause of the ma�or highways tn the area that need patrolling. He recommended Council authorize the staff to proceed with the applicai,ion, as he felt the City could commit some of the existing resources in this area. He stated, the question on whether the Council wished to fund additional help and equipment, is a policy matter. � Mr. Qureshi stated Mr. Hill's memo noted that the letter to Mr. Boerner was merely an exploratory letter, and that there would be sigm flcant changes, if the 9rant application is submitted , �_ i_J Mayor Nee stated the normal procedure for this type of grant is that the Federal government eventua1ly withdraws. Mr. Qureshi agreed that there would be some commltment on the City's part M�TION by Councilman Hamernik to direct staff to proceed with the grant applicat�on Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr Qureshi requested an indication from the Council �f they are lim�ting themselves to the existing resources or actually expanding these resources. It was the general feeltng of the Council, and based on Mr. Hill's memo, to proceed to try and arrange a Selective Traff�c Enforcement Program with the ex7sting personnel and resources and to come back with a proposal for the Council's review. Councilman Hamer m k commented he felt, if any additional funds were to be budgeted, it would be in the equipment area. IDERATION OF A RESOLUTION REOLIESTING THE COMMISSIONER OF REVENUE TO BRING ALL MOTION by Councilman Fitzpatrick to bring this proposal back for the next Council meeting. Seconded by Councilman Hamerm k. Upon a voice vote, all vot7ng aye, Mayor Nee declared the motion carried unanimously. NORTHTOWN CORRIDOR HEARINGS The Council requested the City Manager to inform the League of Women Voters when public hearings will be held regarding the Northtown Corridor. A➢JOURNMENT: MOTIDN by Councilwoman Kukowski to ad,7ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 25, 1977 ad,7ourned at 10:22 p m. Respectfully submitted, � �y�tti �C�4�� Carole Haddad William �. Nee Secretary to the City Council Mayor � Approved: �i"q_i ����� ��151�%