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09/26/1977 - 00014373,i,, � „ �, THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEt1BER 26, 1977 The Regular Meeting of the Fridley City Council of September 26, 1977 was called to order at 7:35 p.m. by hQayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES Councilwoman Kukowski, Councilman 5chneider, Mayor Nee, Councilman Hamernik, and Councilman Fitzpatrick None REGULAR MEETING. SEPTEMBER 12. 1977: MOTION 6y Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously ADOPTION OF AGENDA: Mayor Nee requested two items be added (1) Receiving Resignation from �im Langenfeld and (2) Receiving Letter of Protest from P�r. Ellis. MOTION by Councilwoman Kukowski to adopt the agenda as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, 61ayor Nee declared the motion carried unan�mously. OPEN FORUM, VISITORS: There was no response from the audience under this item. NEW BUSINESS CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL Mr. Qureshi, Ciiy Manager, stated ad�ustments were made in the budqet, as suggested by Council, and the mill levy was increased by 1.7 mills from what was originally proposed Mayor Nee stated the City levy for property, under a value of $80,000, will actually result in a decrease in taxes for next year; mainly, as the result of an act by the State Legislature which changed the levy formula and the City's desire to hold taxes down. MOTION by Councilman Hamerntk to waive the read�ng and approve the ordinance upon first reading. Seconded by Councilwoman Kukowsk�. ' , Councilman Schneider stated he would like to recommend that $2,400 be added to the Parks and Recreation, Capital Outlay, Account 4520 for playground equipment at Harris Lake , Park or Rice Creek School. He pointed out both the Open Space Plan and the Neighborhood Pro,7ect Report indicates recreat�onal facilities are not adequate for the neighborhood. He indicated he would like to see an effort made to provide some playground equtpment for the area. Councilman Schneider sugqested that other expenditures for Capital Outlay be reduced in the Parks and Recreation budget to cover the $2,400. Mr. Qureshi, City Manager, suggested �f the Council wishes to approve this recommendation, that the Capital Outlay in the Parks and Recreation budget not be reduced, but to take this amount of $2,400 from another area in the Parks and Recreation budget, possi6ly from "Dther Supplies." Mr. Qureshi felt all the items provided under Capital Outlay have been carefully reviewed and feels the �2,400 shouldn't be taken from this account. REGULAR MEETING OF SEPTEMBER 26, 1977 PAGE 2 Councilman Fitzpatrick indicated he would agree with the City Manager's suggestion and not be in favor of taking any items out of the Capital Outlay account to provide for the additional $2,400. Councilman Schneider indicated he would have no problem with the City Manager's suggestion. �MOTION by Councilman Schneider to amend the budget by directing the admin�stration to add $2,4�� in the Parks and Recreation Budget to Account 4520 for playground equipment for Harris Lake Park or Rice Creek School and direct the City Manager to reduce the overall Parks and Recreation supplies 6udget by this amount so the total budget would remain the same Seconded by Councilman Fitzpatrick. Mayor Nee felt it was 6ad timing to make the change at this point. Councilwoman Kukowski concurred and felt the Commission and City Council had gone over the budget numerous times before and she was not in favor of the change at this late �uncture. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schne�der, Councilman Fitzpatrick, and Mayor Nee voted in favor. Councilwoman Kukowski and Councilman Hamernik voted against. Mayor Nee declared the motion carried by a 3 to 2 vote. UPON A VOICE VOTE TAKEN ON THE MAIPJ P40TION, all voted aye, and Mayor Nee declared the motion carried unanlmously. CONSIDERATION OF PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 14, 1977 RON NEILSDN, LOT SPLIT #77-08, 115 71z 6-0AY P�.E : Mr. Sobiech, Public Works Director, explained this request is to split off the westerly 130 feet of Lat 31, Auditor's Subdivision No. 77, sub�ect to street easements, to make a new building site on the corner of 71z Way N.E and Alden Circle N.E. He stated the lot width would 6e 80 feet and the depth 105 feet. Mr. Sobiech pointed out the structure on the lot line has been removed and there has been a fence line established on the east lot line of the new lot. � Mr. So6iech stated the Planning Commission recommended approval of this lot split at their September 14, 1977 meeting. � MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Planning Commission and grant Lot Split ,#77-08. Seconded by Counc�lman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RO�NEY BRANNON, SPECIAL USE PERMIT SP #77-11, CAR WASH, 775 Mr. Sobiech, Public Works Director, stated this is a request for a special use permit to allow the construction of a car wash on Lot 2, Block 1, Tar9et Addit�on. He pointed out, in the past, the City has had some bad experiences with car washes and felt the Council should be aware of this Mr. and Mrs. Brannon appeared before the Council and presented architectural drawings of the car wash. Mr. Brannon stated he will purchase the finest line of car washing equipment available and would operate the wash from 6:30 a.m. to ll p m. He stated thls will be a family business that will be well-maintained. Councilman Schneider stated he has two concerns, the traffic flow and the possibil�ty of ice build-up in the winter. Mrs. Brannon stated, as far as ice build-up, in talking with other car wash owners, they have never experienced this problem. Mr Brannon stated they would be using compressed air to blow about 95% of the water off the cars, and also will have infra-red heat to further dry off the cars. He felt also that people will be wiping the cars so that the locks wouldn't freeze. He felt, with these methods of drying and the fact that the bays will be sloped, they anticipate no problems with ice. Councilman Schneider stated his initial reaction was concern with the traffic backing up into the main parking area, but he wasn't aware of the proposed service drive. �:� �P REGULAR MEETING OF SEPTEMBER 26, 1977 PAGE 3 Mr. Sobiech stated there is a substantial amount of traff�c in the area, but feels the improvement of 53rd, together with this proposal for the service drive, would improve the traffic flow. Mr. Sobiech stated, in con,7unction with this request for a special use permit, there is also a request for front and rear yard variances. The variance is requested from the rear yard setback of 25 feet to 15 feet and a variance from the front yard setback of 35 feet to 26%z feet. The Appeals Commission, at their meet�ngs on August 23 and Septem6er 20, 1977, recommended approval of these variances MOTION 6y Counc�lman Schneider to concur with the recommendation of the Planning Commission and grant Special Use Permit SP �77-11 and to concur with the recommend- ation of the Appeals Commission and grant the rear yard variance of 15 feet and the front �ard variance of 262 feet Seconded by Councilwoman Kukowski Councilman Schneider questioned Mr Albergotti, Jr. of Dayton-Hudson Properties if they had any defim te plans for the use of the other parcel of property in this addition. Mr. Albergotti stated they have nothing definite at this t�me; however, he felt this m�ght be a good ]ocation for a mum cipa7 liquor store. Mr. Qureshi, City Manager, stated from past experiences the City has had with car wash operat�ons, he felt the mot7on should include the operatton be manned from 6:30 a.m. to 11 p.m. during the hours of operation. He further adv�sed the Counc�l should include that a high standard of maintenance be maintained and landscaping be completed. Mr. Brannon stated he agrees with the City Manager's comments and felt it was also in their best tnterests to provide proper ma�ntenance and landscaptrtg for the car wash. Councilman Hamer m k felt the hours of operation shouldn't be included, but should refer to the operat7on 6eing manned during the hours it is open. MOTION by Councilman Schnetder to amend the motion by adding that the operation be manned during the hours that it is open or available for use. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ' ' HETGHTS BUILDERS, INC., LOT SPLIT #77-10, LOTS 1-4, LOTS 5-6, BLOCK A, RIVERVIEW HEIGHTS Mr. Sobiech, Pubiic works Director, stated this request is to split off the easterly 3D feet of Lots 1-4, Block A, Riverview Heights Addition and add them to Lots 5 and 6, Block A, Riverview Heights Addition in order to make two building sites. Mr. Sobiech stated the iots are located on Hugo Street to the east of of East R7ver Road The Planning Commiss7on heard this request and recommended approval. Mr Sobiech stated the resuits of this iot split would 6e two lots 6eTow 9,000 square feet; however, he indicated the plat was signed quite a number of years ago and the lots do meet the mim mum standard w�dth requirement MOTION by Councilman Fitzpatrick to concur with the recommendation of the Plamm �g Comnnss�on and grant Lot Split #77-10 Seconded by Councilwoman Kukowski, Upon a voice vote, aTT voting aye, Mayor Nee declared the motion carried unanimously. ROBERT SCHROER, LOT SPLIT '�r77-11, LOT 6, BLOCK 2, EAST RANCH ESTATES 2ND ADDITION Mr. Sob�ech, Publ�c Works Director, stated P9r. Schroer is requesting the southerly 157z feet of Lot 6, Block 2, East Ranch Estates 2nd Addition be split in order to make two buiTding sites. ' ( �' �i � REGULAR MEETING OF SEPTEMBER 26, 1977 PAGE 4 Mr. Sob�ech stated the main concern from the Planning Commission and staff �s that there still remains a parcel of property directly to the east of this site, Lot 3, which has a potential of 6eing landlocked. Mr. Sobiech stated Mr Schroer has indicated how he would provide access by use of a cul-de-sac, if Lot 3 is developed separately. Mr. Sobiech stated Mr. Schroer also indicated there is a potential that a developer could buy Lots 3, 4, and 5 for one development and the problems of access would be eliminated. Mr. Sobiech stated the City has assurance, in writing, � from the petitioner that the property would not be landlocked. MOTION by Councilman Hamernik to approve Lot Split #77-11 with the stipulation that access be provided for Lot 3 by easement over Lot 5 and that no portion of that easement would ao onto Lot 6. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. MDTION by Councilwoman Kukowski to receive the minutes of the Plamm �g Commission Meeting of September 14, 1977. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE CABLE TELEVISION COMMISSION MEETING MINUTES OF AUGUST 31, 1977: MOTION by Councilwoman Kukowski to receive the minutes of the Cable Television Commission Meeting of August 31, 1977 Seconded by Councilman Hainerm k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. RECEIVING THE CABLE TELEVISION COMMISSION SPECIAL MEETING MINUTES OF SEPTEMBER 14, 1977: MOTION by Councilwoman Kukowsk� to receive the minutes of the special meeting of the Cable Television Commission Meeting of September 14, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF ORDINANCE AMENDMENT RECOMMENDATION BY THE CATU COMMISSION �Mr. Mark Scott, Chairman of the Cable Television Commission, appeared before the Council regarding the Commission's recommendations for proposed amendments to the CATU Ordinance. Mr. Scott reviewed the Commiss�on's recommendations for amendments to the CATU Ordinance and felt the City should receive revenues for the Cinema III service. He stated this change would result in approximately $7,000 more �ncome to the C�ty Mayor Nee indicated it would not be necessary to adopt the other suggested amendments to accomplish the increase the Commission has recommended. Mr. Scott explained the Commission feels, after having legal counsel rev�ew the ordinance, that the City is on pretty weak grounds as far as requiring the access channels and, therefore, feels the ordinance should 6e amended. Mayor Nee felt there wasn't any argument regarding the access channels as General Television will give the City the 20%. Mr. Scott pointed out the amendment would give the City access rules which are enforceable. Mayor Nee stated the City has a franchise with General Television and they would have to agree to the City receiving 5% of the revenues for Cinema III services regardless of the regulations of the Federal Communications Commission. ' Mr. Douglas Hedin, attorney, stated he disagrees with this as he doesn't think that provision of the Charter says the company has to agree to each and every amendment of the ordinance He felt the Council has the right to change and amend specific condittons of this ordinance. Mr. Hedin stated the F.C.C. appears to have opened mum cipal franchise fees to paid cable revenues and felt there is every reason to believe that the F C C. or a court would uphold an ordinance amendment. He stated the original intent was that 5% of the revenues were to go to the City He stated there wasn't any questton in his mind that the Council could change the ordinance and must do so to keep it up to date. � � �1f� REGULAR MEETING OF SEPTEMBER 26, 1977 PAGE 5 Mayor Nee did not think the City could require General Television to give the City 5% of the revenues from Cinema III service because of the franchise and their investment being based on this_ Mr Hedin stated, in 1973, the definition of "gross subscriber receipts" was changed. He stated it can be argued the only reason why this was changed was because of Federal pressure Mr. Hed�n pointed out the pay cable has been extended through City streets and thoroughfares and the City is not getting any revenue or compensation whatsoever � for use of these streets. He stated no one envisioned in 1972 that the system was going to go off on a pol�cy of its own. Mr Scott stated he didn't feel the City would be giv�ng up anything by cutting their access channels to meet the F.C.C. regulations. MOTION by Councilman Fitzpatrick to set a public hearing re9arding these pronosed ordinance amendments. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. Mayor Nee requested an opim on be obtained from the City Attorney regarding these amendments. CONSIDERATION OF OPDINANCE ADOPTING CHAPTER 214 ENTITLED SIGNS. AND REPEALING PRIOR F Mr. Sobiech, Public Works Dtrector, stated this item is before the Council for review and comment. If the Council desires, a first reading could be given on the ordinance He stated the Chamber of Commerce has been asked to comment on this proposed ordinance and they are awaiting a reply. Councilman Schneider stated he was concerned in that there seems to be a lack of setback requirements particularly between zoning districts, and on corners, no distance is specified between two signs. He felt maintenance was one of the key factors , considered by the Sign Committee and the ordinance, as proposed, addresses maintenance very poorly He felt the reference to the filing date for "Political Signs" was nat applicab7e. Councilman Hamernik stated a num6er of the comments made by the City Attorney haven't been incorporated into the ord�nance. Regarding "Pro�ecting Signs," he stated there has been a drastic change and questioned the reasons for this and also why they would be prohibited. Mr. Qureshi, City Manager, explained most of this material has come from the Pro,7ect Commitiee and the staff has 6een reluctant to make any cfianges or modifications as they felt it should be submitted to Council as presented by the Committee Councilman Hamerm k indicated he is trying to *relate what *prohibiting "Pro,7ecting" and "Advertising S�gns" means to all areas He felt Section 214.031 - J and Section 214-045 - B were in conflict. He felt the only way you could put up a free standing signwas if you had a*franchise business. Councilman Schneider stated he believes the intent was to prohibit the kinds of signs that advertise a goods or service, butnot prohib�t an "Identification Sign " Councilman Hamernik stated he doesn't go along with prohibiiing advertising signs in all areas. He felt the present ordinance gives sufficient control and doesn't see any reason to further restrict it. � Mr. Sobiech, Public Works Director, stated the staff would summarize the proposaTs from the Sign Committee which he felt would be helpfu7 to the Council. Under Section 214.032 - H, Councilman Hamerm k felt "Temporary Stgns" and "Construc- t�on Signs" had almost identical wordage and could be combined. He felt under Section 214.032 - H, 2c, the size for the "Vacancy Signs" was very minimum Counctlman Hamernik felt the 6D day requirement under Section 214 048 and Section *amended 10/24/77 � � � REGULAR MEETING DF SEPTEMBER 26, 1977 PAGE 6 214 05 - 4f, were very restrict�ve. He felt, when th�s pro,7ect was undertaken, maintenance of signs was the ma�or area that was to be considered and th�s area has- n't been addressed. Councilman Hamernik indicated he also has a problem with the 10 days under Section 214.06 - C regarding violation of the code. Councilman Schneider stated, under "Changeable Copy Sign" he understood the 5ign Project Committee had put in a time requirement and this was not in the ordinance Ms. Nancy Jorgenson, representing Nae91e Outdoor Advertising, appeared before the Council regarding this proposed sign ordinance. Ms. ,lorgenson felt regulations in the previous ordinance were adequate and she concurred with Councilman Hamerm k's re- mark to this effect. She stated she hoped the Council would look at regulations, rather than prohibition of signs. She stated, in th�s proposed ordinance, they are talking about prohibiting outdoor advertising which would affect their business She felt th�s mode of advertising, through billboards, is one of the best for small- er businesses. Ms. Jorgenson went on to explain what pu6lic services Naegle provides and pointed out there are lease payments for billboards in the City. She stated, in going with prohibition, she doesn't know �f this was the original Zntent. She indicated they are trying to determine if there is a specific place �n the City where there is a problem. Ms. Jorgenson pointed out that the National Beau- tification Act limits billboards to commercial and industrial areas, outlines the amount of spacing from each other and regulates locat�on so as not to interfere with traffic. She stated the Federal and State agenc�es have this act to regulate bil7- boards, but in no way would they talk of prohibition. She stated she hoped the Council would allow their business to continue within the City of Fridley, with some reasonable requirements. Councilman Fitzpatrick indicated he appreciated the positive way in which Ms Jorgenson had presented their case 6y giving reasons in favor of billboards rather than challenging what the Council may or may not do. Mayor Nee stated he has not had any sense of community pressure to eliminate bill- boards. Councilwoman Kukowsk� stated she has asked people if they feel the billboards are a blignt and they say "What billboards7° She doesn't know where this feeling came from to prohibit them Councilman Fitzpatrick stated his experience has been there has been no public outcries, but opinions expressed to him regarding 6illboards have been negative. Councilman Schneider indicates that he also hasn't had people saying get rid of present billboards, but when asked what their feelings are in this regard, he receives a negative response. Counctlman Namernik stated the opinions he has received is along the lines of Councilwoman Kukowski's response. He indicated they are not that obvious that they are creatin9 problems He indicated he has constituents that make their livelihood on outdoor advertising and he stated, if they prohibit �t in Fridley, it wouldn't put them out of business, but feels it is a step in that direction. Ms. Pat Gabel felt the biggest concern of the Sign Committee was when there was a b�llboard ad,7acent to residential areas. Mr. Sobiech, Public Works Director, felt the number of existing bi116oards in the City will soon disappear with development and felt the only room for billboards would be along the freeway and trunk highways that ad�oin industrial type properties. Councilman Fitzpatrick stated there are a number of parcels on whtch 6illboards are presently located which are not liable to be developed Councilman Schne�der felt his primary concern is in residential areas and would like to see some setbacks from these districts. Ms. Gabel stated the Sign Pro,7ect Committee did have alternatives to prohibiting stgns Councilman Fitzpatrick felt if they are considering prohibiting all billboards the reasons why have to be explored, and if these reasons can be satisfied by other means, 7 � n n �;i4� REGULAR MEETING OF SEPTEMBER 26, 1977 PAGE 7 they should be considered. He felt the Council has a recorrnnendation from the S�gn Pro,7ect Committee which involved a long process and ought to be recognized and given very serious consideration. MOTION by Councilman Schneider to table this item until corronents are received from the Chamber of Commerce. Seconded by Councilman Fitzpatrick Councilman Schneider asked admim stration to supply Council with the final recommend- ation from the Sign Pro�ect Committee. Mr. Sobiech stated the staff would also check into the alternatives as mentioned by Ms. Gabel, and submit this material to Council. Mr. Sobiech requested dtrection from Council regarding the moratorium on signs as he has correspondence from Naeg7e in this re- gard. Ms. Jorgenson of Naegle Outdoor Advertising ind�cated they would be willing, at this time, to wait on their request. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and P4ayor Nee declared the motion carried unanimously. RECESS: Recess called 6y Mayor Nee at 10 05 P.M. RECONVENE� The Council reconvened at 10 18 P.M. All Council members were present. CONSIDERATION OF A REQUEST FOR APPROVAL OF AN EASEMENT ENCROACHMENT FOR LOT 8, BLOCK This request �s for one foot encroachment tnto a six foot utility and drainage easement on the easterly property line of Lot 8, Block 1 of Rottlund Oaks. Mr. Sobiech, Public Works Director, stated the C�ty has a substitute easement to in- sure proper drainage and correspondence from all utility companies affected have in- dicated no o6�ections. MOTION by Counc�lman Fitzpatrick to grant the encroachment of the drainage easement on Lot 8, Block, Rottlund Oaks. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. DISCUSSION REGARDING PAYMENTS FOR HAYES RIVER LOTS - FOUNDATION FOR THE ISLAN�S OF PEACE: MOTION by Councilman Hamernik for the City to provide funds of $1,180 for the interest payment on the Hayes lots and if this obligation is not met in 60 days by the Islands of Peace Foundation, it is to be brought back on the Council's agenda. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVING PRELIMINARY PLANS FOR THE RECEPTION CENTER--ISLANDS OF PEACE: Mr. Foster*Dunwiddie architect, appeared 6efore the Council to review the proposed preliminary plans for the reception center. He explained the plans and outlined how the space in the build�ng would be ut�lized. The size of the building is 38 x 60 feet. Mr. Foster stated the plans were developed in accordance with the request from the State Plam m �g Agency Mr Qureshi, City Manager, stated there were two concerns: (1) no place for coats and 600ts; and (2) whether it would be feasible to have a divider in the multipurpose area. Mr *Dunw�dd�e stated these items could be worked out with the staff and incorporated into the plans. Counctlwoman Kukowski questioned �f all doors could be opened by persons in a wheelchair and if all door ope m ngs were wide enough toaccommodate wheelcha�rs. Mr. Foster answered both of these questions in the affirmattve. Mr. Foster stated approval is requested of the preliminary plans so they can be submitted to the State Plamm �g Agency for review by the Commissioner of the Department of Natural Resources, *amended 10/24/77 L� u � ��� REGULAR MEETING OF SEPTEMBER 26, 1977 PAGE 8 MOTION by Councilman Fitzpatrick to approve the preliminary plans for the reception center for the Islands of Peace Foundation. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. WORK PROGRAM - SUBMITTED BY ISLANDS Of PEACE FOUNDATION Mr. �im Langenfeld, President of the Islands of Peace Foundation, submitted a work �program for the Council's constderation in con�unction with the grant application for the Islands of Peace. Mayor Nee stated his concern is that they not start spending the money for construction and then not be able to come up with the funding. Mr. Langenfeld felt they would have to contact all available resources with the possibility of assistance from the Metropolitan Council, Anoka County, and the Federal government Mr. Wilmes stated the Foundation will be seeking funds from private conporations. He explained, in the past, the reason the corporations did not make a large contri6ution is because the Foundatton didn't have a long lease. He felt now, however, these people can be approached and felt confident the Foundation will obtain support. Councilman Hamernik stated he shares Mayor Nee's concern of not being able to finance the pro�ect. Councilman Schneider also expressed concern as they don't have a definite plan to go out and seek funding. Mr. Qureshi, City hnanaqer, stated the grant w�ll come to the City, as the receiving agent and the City wi11 have to submit the work program for the financin9 Mayor Nee pointed out that the work program submitted by the Foundation indicates the ,City would raise $40,00 �n kind labor. Mr. Qureshi suggested the Foundation confer with the staff regarding this work program and possibly they could check with the State to obtain a feeling on the proposal. Mr Langenfeld stated the Foundation would like to send this work program to the State for their reaction. He stated, if the Council wanted people from the Foundation's Board to work with the City, that would be fine. A gentleman in the audience stated that House File No 15, referring to lines 16 and 17, indicates the Commissioner of Natural Resources is to be provided a work program which has to be proposed by the City so money can become available for use by the City to develop the Islands of Peace Park Mayor Nee stated the City would have to make a detailed work program which will have to be prepared and submttted for the Council's consideration. MOTION by Councilwoman Kukowski to table this item unttl the next meeting on October 3, 1977. Seconded by Counctilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously DISCUSSION FOUNDATION FOR THE ISLANDS OF PEACE - ANOKA CDUNTY ASSISTANCE• MOTION by Councilwoman Kukowski to direct the City Manager to write a letter to Anoka County expressing the Council's appreciation for their �nvolvement in this pro�ect. �Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Pdee declared the mot�on carried unanimously. Mr Langenfeld thanked the Council for thetr efforts in the Islands of Peace pro�ect and expressed h}s appreciation for their help. � JM) REGULAR COUNCIL MEETING OF SEPTEMBER 26, 1977 PAGE 9 DISCUSSION REGARDINf RIVER CROSSING CRITERIA INFDRMATION TO THE METROPOLITAN COUNCIL� MOTION by Councilman Schneider to send the draft letter dated September 22, 1977 to Mr. Rollin Crawford, Chairman of the Transportation Advisory Board for the Ma,7or Rivers Crossing Task Force and authorize the Mayor to sign same. Seconded by Councilwoman Kukawski. Councilman Hamernik felt tf�e leiter should be expanded to include the improvement of the I-694 bridge. He stated he did not want to eliminate this priority, but also did not want to de-emphasize the Northtown Corridor. He felt because I-694 is on the list of ma�or river crossings to be considered in establishing priorities, some mention should 6e given to this ttem in the letter Mr. Sobiech, Public Works �irector, stated a paragraph could be included in the letter to the effect that the existing facility in the area (I-694 bridge crossing) is under capacity and encourage that the present schedule be maintained for improvement of this br�dge. Councilman Hamern�k felt something to this effect should also be included in the introduction of the letter. Mr. Sobiech stated this addition would be included in the letter to Mr. Crawford. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unan�mously. RECEIVING STATUS REPORT ON THE HOLD PLACED I �RTH SECOND ADDITION Mr. Sobiech, Public Works Director, stated the City Attorney felt it is up to the property owner to obtain all necessary permits from all re9ulatory agenc�es before beginning construction. He felt it was not the duty of the City to enforce the standards of another agency. MOTION by Councilman Schneider to direct the admtnistration to communicate with the Department of Natural Resources indicating that the City will be issuing butlding permits on the 11 lots in questton w�thinl0 days, if no response is received to the contrary from the Department of Natural Resources. Seconded by Council�N�n3n Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carrted unanimously. RESOLUTION PJO 107-1977 - ORDERING PRELIh1INARY PLANS, SPECIFICATIONS AND ESTIMATES OF Councilman Hamernik stated several persons have indicated to htm an �nterest in improve- ment of 66th Avenue from Central to Rice Creek School. He suggested this street be included in the resalution. MOTION 6y Councilwoman Kukowski to adopt Resolution No. 107-1977 with the addition of 66th Avenue from Central to Rice Creek School. Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilwoman Kukowski to authorize payment of Claims No. 257AD8 through 263809. Seconded by Counctlman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Counc�lman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � , ' REGULAR MEETING OF SEPTEMBER 26, 1977 ESTIMATES: Kenko Inc. 8275 Central Avenue N.E. Minneapolis, MN 55432 PAGE 10 FINAL Estimate �2, Sewer and Water Improvement Pro�ect M121 $ 3,497.45 �E. A Hickok and Assoc�ates, Inc 545 Indian Mound Wayzata, MN 55391 PARTIAL Estimate #�, Moore Lake Evaluation and Restoration Pro�ect $ 612 72 Anoka Department of Highways Anoka County Court House Anoka, MN 55303 FINAL Payment of Fridley Share of Costs Incurred Under Street Improvement Pro�ect ST. 1977-3 Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building Minneapolis, MN 55402 For Legal Services Rendered as Prosecutor for August, 1977 Weaver, Talle & Herrick 316 East Main Street Anoka, MN 55303 $75,736.52 $ 1,840.00 ,For Legal Services Rendered as City Attorney for August, 1977 $ 2,063.75 MOTION by Councilman Hamernik to approve the estimates as submitted Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING LETTER OF RESIGNATION FROM JAMES LANGENFELD: MOTION by Councilman Schneider to receive the letter of resignation as President of the Foundation for the Islands of Peace, Inc. from James Langenfeld dated September 12, 1977. Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING LETTER OF PROTEST FROM MRS B. C ELLIS: MOTION by Councilwoman Kukowski to receive the letter of protest from Mrs. B. C Ellis dated September 21, 1977 against a side-yard assessment. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MENARD'S: Mayor Nee questioned what has taken place in the complaint received by the res�dents regarding the operation at Menard's. Mr. Sobiech, Public Works Dtrector, stated in the last conversation with Menard's they were trying to get the speakers for the public address system turned down Mr Sobiech �stated he asked Menard's to submii a lis� of things they have done on the premises, 6ut to date has not received anything from them. a� �i t� REGULAR MEETING OF SEPTEMBER 26, 1977 PAGE 11 Mr. Qureshi, City Manager, felt the City Attorney should contact them �n this maiter to determine what steps they have taken regarding the complaints from the residents. ADJOURNMENT: MOTION by Councilwoman Kukowski to ad,7ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, ail voting aye, Mayor Nee deciared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 26, 1977 ad�ourned at 12:08 a m. Respectfully su6mitted, ��t� t,� �'µc�� G��, Carole Haddad Secretary to the City Council Approved: as amended 10/24/77 William J. Nee Mayor � ' 1