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04/17/1978 - 00014201� � 1 THE MINUTES OF THE REGULAR P�IEETING DF THE FRIDLEY CITY COUNCIL OF APRIL 17, 1978 The Regular Meeting of the Fridley City Council was called to order at 7 35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag ROLL CALL• MEMBERS PRESENT• Mayor Nee, Councilman Fitzpatrick, Counctlman Hamernik, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES REGULAR MEETING. APRIL 3. 1978� MOTION by Counctlman Schneider to approve the minutes of April 3, 1978, as presented. Seconded by Councilman Barnette Upon a voice vote, �11 voting aye, Mayor Nee declared the motion carried unanlmously. ADOPTION OF AGENDA• Councilman Hamernik asked an �tem be added to agenda Receiving Letter from the Chamber of Commerce dated April 14, 1978. M�TIQN by Councilman Fttzpatrick to adopt �he agenda as amended. Seconded by Councilman Hamerm k. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously. OPEN FORllM, VISI70R5. Dr. Chuck Boudreau, Director of Parks and Recreation, introduced Mr Dennis Werm cke of the H. B. Fuller Company_ Mr Wernicke stated he is with the Assembly Products Division of H. B. Fuller Company and presented some background informaiion on this Fridley busir�ess Mr. Wernicke outlined some of the programs the Community Affairs Council is responstble for and stated they serve as a vehicle for social responsibility programs_ Mr Werntcke stated his reason for be�rrg present this evening was to present the City with a check for $2,000 for the Park and Recreation tree planting program. C)r. Boudreau expressed the City's appreciat�on for this donation and stated, in con�unct�on with the purchase of the trees to 6e located in the proximity of the H. B. Fuller plant, employees wtll be donating their lunch hour t7me on Arbor �ay, April 28, to plant the trees to help replace some of the trees lost by dutch elm disease Mayor Nee stated each member of the Council was grateful to H B. Fuller Company and Mr. Wernicke for this expression of their cit�zenship in the community OL� BUSINESS• CONSIDERATION OF EXTENSION OF LITTLE LEAGUE LEASE AGREEMENT FOR AN nnnrTTnnini rnrr vrnoc TnQi rn ni�i�o . Mr. Qureshi, Clty Manager, asked the Little League representative, Mr. Darwin Klockers to explain what the Little League Association had in mind regarding improvements. , „- - REGULAR MEETING OF APRIL 17, 1978 PAGE 2 Mr Klockers, President of the Little League Association, stated he and the Vice President of L�ttle League have discussed the proposed improvements at the Little League field with �r. Boudreau. Mr•. Klockers stated the Association is in the process of obtaininq certain commitments from the businesses in the City to make improvements to the dugouts, bleachers and repairing the fence. He stated they know what has to be done and it ts now the question of assigning the responsibility of those working with Little League He felt these improvements would be taken care of before the Little League season starts. Mr. Qureshi asked about the parking situation. Mr. IClockers stated there is parking on the unpaved as well as the paved areas. He stated he recalls that, generally, there aren't too many cars parked on the public street, but the ones parked on the street usually interfere with certain households. He stated they have announced over the loudspeaker that persons are not to park in the street. R1r. Klockers felt, by handing out a flyer at the beginning of the season and letting persons know parking �s not allowed in the street, this would take care of the problem, however, if this isn't the case, possibly the Police Department could handle the matter. Councilman Hamernik ind�cated he had a concern with the second page of the lease, paragraph 2, beginning with the fourth line, regarding compensation for improvements. He stated, for example ,�f the Little League Association put in some pei°manent paving on the green areas, he questioned if the City would be required to compensate them, if L�ttle League was dtscontinued. 1 Mr. Herrick, City Attorney, felt that would be the situation and a good case could be presented. ' Mayor Nee stated the practical effect is that Little League makes decision on priorities of investment that binds the City and he had somewhat of a problem with this. He indicated, however, he cannot imagine the City ever not renewing the lease as long as Little League continues to provide service to the communtty. Mayor Nee asked Mr Klockers if he would have any ob�ection to changinq the language in the lease. Mr. Klockers felt this matter would have to be put to a vote of the Little League Association membership He felt the Association would want protectton, if they put in substantial improvements in the field and the lease was not renewed He felt, from his standpoint, he would probably recommend the language not bestr�cken. He stated he was speaking of improvements made only by the Little League Association, and not on the basis of the City making improvements. Councilman Hamernik stated he has no big problem with that particular clause, but shared the same concern expressed by Mayor Nee. Mr Herrick stated he believed the impetus for this particular language came from the Council, rather than the Little League Association. As he recalled, the Council members felt it svould not be fair to have this ' organization improve the property and then the City take it over, without any compensation, in the event Little League had to go elsewhere. He stated, when the lease was first entered into, the area was rather un- improved and most of the improvements have 6een made by the Little League Associat�on. Mr. Herrick stated now that the lease is up for renewal, it is open for negotiation and both parties would have to agree to the terms. REGULAR MEETING OF APRIL 17, 1978 PAGc 3 73 Councilman Fitzpatrick felt Little League has been arou�d a lon9 time and didn't foresee this language as a big problem He thought perhaps future improvements that would be permanent and eventually accrue to the City could be reviewed. Mr. Herrick indicated language could 6e added to make the clause more spec�fic and to tndicate that any future improvements are to be submttted to the Council before they are installed. Councilman Hamernik felt possibly language to the effect that th�s par- � ticular clause would stand, if the City terminated the lease. He stated, in that way, Little League would then be protected if there was an act not to renew the lease. Mr. Quresh�, City Manager, pointed out that on the first page of the lease, paragraph 3, �t provides for renewal of the lease for an additional five years; however, on the second page, second paragraph from the bottom of the page, it also provides for �ermination of the lease upon a 30 day written not�ce. Councilman Hamernik indicated he would be in favor of the City Attorney looking at this lease and clarifyin9 language regardtng termination and extension and also clarifying the language on Page 2, paragraph 2, regardtng compensation. Mr. Klockers stated, accordin9 to the lease, the Little League Association has the option for renewal for an additional five years. He felt it was important to point out that the Association does serve the young people in the community and intends to fulfill their obligation He stated, if the City intends some other use of this property, then the City would purchase the investment the Association has in the property �4ayor Nee stated the provtsion for the five years, under the same terms and conditions, would apply for the renewal, unless the Council dec�ded there were some serious pro6lems. � Mr. Qureshi, City Manager,indicated the Ltttle League Association is a civic group and they have indicated a willingness to work with the City on some of the concerns regarding parking and improvements, therefore, he would recommend the lease be renewed for another ftve years MOTION by Councilman Fitzpatrick to renew the Lease Agreement with the Little League Association for an additonal five year period Seconded by Counctlman Hamernik. Mr. Klockers stated he understands the Council's concerns and has no qualms regarding the services provided by Little League in the past and future. He stated maybe, if this wasn't the best agreement for both parties, the City Attorney would ltke to draft another lease and the Association would be willing to take a look at it He thought perhaps they could agree on a better designed agreement on some of the concerns the Assoc�ation has and some the Council has. Councilman Hamernik stated, under the terms of the present lease, if the Association �as an option to renew, he has no problem with the lease, but indicated he was a little surprised at the language contained in the lease UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unan�mously. ' 74 REGULAR MEETING DF APRIL 17, 1978 PAGE 4 RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETIPIG OF APRIL 5. 1 l. JOHN R. DOYLE, SPECIAL USE PERPIIT #78-04. a41 HUGO STREET N.E.: Mr Sobiech, Public Works Director, stated this request for special use permit is to perm�t R-1 property to be used as a parking lot for an ad�acent 10-unit multiple dwelling unit at East River Road and Hugo Street. Mr Sobiech stated the Planning Commiss�on held a public hear�ng and has recommended approval of the special use permit. Mr. Sobiech pointed out the 1D-unit building will consist of 1, 3 bedroom un�t, 1, efficiency, 3, 2 bedroom units and 5, 1 bedroom un�ts. He stated there would be a 9arage for each unit in the building. Mr Sobiech stated, with this layout of the building and park�ng, it would not be necessary to access off of East River Road. He felt, tf East River Road is improved, at some future date, this plan would not interfere with the parking at the apartment complex. Mr. Sob�ech stated it has been the procedure, along the entire length of East River Road, to acquire additional easements in order to prov�de for any future roadway improvements in the area. He stated the easement required is U� feet and would recommend this be part of the Council's consideration when acting an the special use permit. Mr. Sobiech felt stipulations should also be added that the drainage be worked out with the Engineering Department to made sure there are no detrimental effects to adjacent property, and that a solid wood screen fence be installed on the property. In con�unction with this special use permit, there is also a variance request to reduce the front yard set6ack from 35 feet to 32 feet. Mr. Sobiech stated this var�ance request appears later on the Council's agenda. MOTION by Counctlman Fitzpatrick to concur with the recommendation of the Planning Commission and grant Special Use Permit #78-04 with the stipulation the City be granted a 17'z foot easement on property ad�acent to East River Road; that the drainage plan be checked with the Engineering Department and that the required screen�ng fence be included �n the plan. Seconded by Counc�lman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously 2. TRI-CO ADDITION. PRELIMINARY SUBDIVISI0�1 P S. ,#78-01, BY TRI-CO MOTION by Councilman Schneider to set the public hearing for this preliminary plat for May 8, 1978. Seconded by Counc�lman Fttzpatr�ck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. APPEALS COMMISSION MINUTES OF P1ARCH 28, 1978: A. ALBIN JOHNSON, 5800 2z STREET: Mr. Sob�ech, Public Works �irector, stated this is a request to allow a number of variances for property in the Hyde Park area. He stated, w�th the street improvement pro�ect, the City is attempting to work with the property owners in solving some of the problems of non-conforming uses. He stated the variance requests are for "0" lot line for the rear yard and reduction in the number of parking stalls Mr. So6iech stated, presently, some of the existing boulevard right-of-way is being used for parking. Mr Sobiech stated the Appeals Comm�ssion recommended approval of the yard variance from the required 5 feet to "0" lot line and dented the variance to reduce the number of parking stalls. It was not, however, the jur�sdiction of the Appeals Commiss�on to discuss parking in the rtght-of-way. side in , ' ' � � ' 75 R[GULAR MEETING OF APRIL 17, 1978 PAGE 5 Mr. Sobiech stated, from a maintenance standpoint, the C�ty would want to insure there is enough space between the curb�ng and park�ng areas to insure proper snow storag�. He stated, if parking was allowed to encroach into the boulevard right-uf-vtay b_y 4z feet, it would not be necessary to use a large amoun� of addttional space in the back yeard for a parking lot. Mr. So6iech asked Mr. Johnson tf he had any ob�ections to working with the street contractor regardtng some improvements. Mr. Johnson stated he understands he wtll have to move the fence some dtstance, but felt this should be approached in a practical aspect and indicated he didn't want to move the fence any further than necessary Mr. Herrick, City Attorney, stated, under the present ordinance, park�ng is not allowed in the boulevard and if it is the Council's intention to allow park�ng in the boulevard area, he would su9gest a change in the code to permit such a use, upon obtaining a variance. Mr. Sobiech stated, in order that there not be parking in the boulevard, the Appeals Commission has recommended the fence be moved 15 feet to the North. MOTION by Counctlman Fitzpatrick to grant the variance of a"0" lot ltne on the West of the property and to deny the variance for reduction in the number of parking spaces, further, that there be no parking in the boulevard right-of way. Seconded by Councilman Hamernik. Mayor Nee felt there still was the question of hardship and felt the fence could be moved to the East. This, however, would involve ericroachment on the green area and he felt Mr. and Mrs. Johnson's buildiny was very attractive and nicely kept and an asset to the area. Councilman Fitzpatrick stated his concern is that they don't park in the r�ght-of-way, and his motion would require moving the fence the footage necessary to avoid parking in the 6oulevard. UPON A VOICE VDTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B CLY�E AND BETTY HANSEN: 251 57TH PLACE N E.: Mr. So6iech, Pu61ic Works Director, stated these variances are to allow park�ng in the front yard, to allow parkin9 closer than the required 5 feet from a property line, to allow a garbage receptacle (dumpster) in the front rather than the rear or side yards; and to reduce the required parking stalls from 10.5 to 8. Mr. So6iech stated the Appeals Gommisston recommended ap�roval of the variances wtth the stipulat�on that curbing be rnstalled, the parking lot be hard surfaced and there be proper screening of the dumpster area. Councilman Fitzpatrick stated the question he had N�as if there would be 8 useable stalls. Mr Hansen stated �t would be possible to park �n front of the dumpster. Councilman Fitzpatrick questioned why the dumpster couldn't be located in another area. Mr Hansen stated he didn't know of any other place to put it as there is no alley and no room in back. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission to grant the variances to reduce the required number of parking stalls from 10.5 to 8; to allow parking in the front yard and closer than the re�uired 5 feet from the South property line, to allow the dumpster to 76 REGULAR MEETING OF APRIL 17, 1978 PAGE 6 remain in the front yard with screem ng, as recommended by the City staff, and that the parking lot 6e �mproved and curbing be installed. Seconded by Counc�lman Schneider. Mayor Nee questioned if the parking lot couldn't be relocated. Mr Hansen felt this would result in a tremendous loss of green area. He also felt if this was done, some of the tenants' view would 6e of the parking lot and others would be looking at the tops of cars. Councilman Fitzpatrick pointed out that there are trees on both slde yards. Mrs. Hansen stated the property owner on the East, Mr. J�nek, was opposed to a parking lot on the East as he was concerned about the drainage since he already has a water problem. Mrs. Hansen stated the property owner to the West of their building is present in the audience this eve m ng in the event the Council had any quest�ons. UPON A �OICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously C. JOHN DOYLE. 441 HUGO STREET N E Mr. Sobiech, Pu61ic Works Director, stated this is arequest to reduce the front yard set6ack from the required 35 feet to 32 feet. He stated this would permit 6etter alignment of the apartment building with housing to the East. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant a variance from the required 35 feet to 32 feet for the front yard setback. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to recetve the minutes of the Planning Commission meeting of April 5, 1978. Seconded by Councilman Barnette Upon a voice vote, all voting aye, Playor Nee declared the motion cai°i°ied unanimously. RECEIVING 7HE MINUTES OF THE CABLE TELEVISION MEETING OF MARCH 3D, 1978: MOTION by Counc7lman Hamerm k to receive the mrnutes of the Cable Television meeting of March 30, 197�. Seconded by Counc7lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RECENING TENPdIS COURT QIDS AP]D OPENED Mr. Qureshi, City Manager, stated the 6ids received for the tennis courts were much h�gher than the eng�neer's estimates, therefore, it is requested that the btds be rejected. Mr. Quresh� stated he felt the City could get a b�d price for these tennis couriy, from the present low bidder far the street improvements, closer to the estimates and requested authoriz&tion to negotiate for th�s pro,7ect. PqOTION by Counc�lman Schneider to re�ect all of the follow�ng bids received for the ten m s courts on the grounds that 'they are s�gnificantly higher than the estimates. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' , �� REGULAR MEETING OF APRIL 17. 1978 1 :1 1 TOTAL BID SPRINGEROOK �PARK TOTAL BID FLANERY PARK � TOTAL 8ID CRAIG PARK TOTAL BID WOODCREST TOTAL BID BEN�AMIN- BRIARDALE GRAND TOTAL COMMENTS B�tuminous Roadways 2825 Cedar Ave. 50 M�ls., MN 55407 5% Bid Bond - St. Paul Fire & Marine Company $15,450.28 $11,222.66 $10>761 86 $18,995.00 $24,319.02 $80,748.82 Carlson La Vine 2831 Aldrieh Ave. So Mpls., MN 5540& 5% Bid Bond - Fidelity & Deposit Co. af Maryland $16,888 49 $11,500.44 $11,618.?_6 $18,545.11 �24,996 57 $83,548.87 RECEIVED at 11•06 a.m yy Page 7 Warren Excavattng 14525 bloodhill Terr. Plinnetonka, MN 5% Bid Bond - Universal Surety Co $14,745.61 $11,D61 91 $11,255.70 $17,923.36 $24,643.41 $79,829.99 MOTION by Councilman Schneider to instruct the administration to proceed with negotiations with the current street contractor for the tennis court project. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATIDN OF POSSIBLE ACQUISITION DF PROPERTY FOR PARK PURPOSES• Dr. Boudreau, Director of Parks and Recreation, introduced Mr Charles Labeaux who appeared before the Council regardrng the possibility of the City acqu�ring the back half of his property for park purposes. Mr. LaBeaux stated 12 years ago he bought a piece of land as an investment, based on theassurances of the C�ty that a street would go in and make the back half of his land buildable. He stated he finds now the City has decided not to put in a street which, in effect, landlocks h�m and does away with the investment value of the land. He felt th�s wasn't right and would like to see a street go in. He stated, in talking with Dr. Boudreau, there �s the nossibility the park people would like to acquire his land, as they have acquired the two lots to the East of his property, for park purposes. He felt either possibility was worth talking about. ' Mr. So6iech stated the lot split referred to by Mr. Labeaux was approved by the Council in 1971 with certain stipulations and an easement was _ acquired in con�unction with the lot spl�t of Mr. Labeaux's property, as well as the two properttes to the East of Mr, Labeaux, which have since been acquired for park purposes. Councilman Barnette questioned the purpose of obtaining the easements, if no street was gotng to 6e put in. r,� REGULAR MEETING OF APRIL 17, 1978 PAGE 8 � Mayor Nee asked �f the Council ever adopted a street plan for this area. Mr. Sobiech stated the lots were large enough for two buildable sites, therefore, the easements were required in the event they were developed, there would be access. He stated there was no overall plan which indicated there eventually would be a street in this area. Mr. Labeaux felt the corridor off of Stinson was clearly left vacant for a street. Councilman Schneider asked if Mr. Labeaux's property was presently a single parcel of land, and if there ever was a commitment on the Crty's , part that there would be access. Mr Labeaux stated he petitioned the City to split the back part off when he thought he would be transferred from this area, He stated this was agreeable with the City, 6ut before it was to become a reality, he was not tranferred and didn't follow up on it, Mr. Sobiech stated Mr. Labeaux's property is now a single parcei. He had approval from the City Council for the lot split, but it hasn't been recorded. Mr, Sobiech also pointed out, before there could be any street improvement, a petition is necessary from the property owners and a public hearing must be held. He stated, since this lot spltt was approved, there has been a change of philosophy regarding naturalist programs. Mr, Sobiech stated the City could vacate the easement to clearly show tha Council's intentions, if they so desired. Mr, Herrick, City Attorney, stated even �f there was a dedicated right-of- way all the way to Stinson, the Council still has the discretion on whether or not to construct the street. He felt, in this particular situation, there is not right-of-way all the way to Stinson so before , a street is constructed, additional right-of-way would have to have been acquired. A7so, if the Council was thinking of putt�ng in streets, sewer and water obviously would have to 6e assessed against benefit�ed properties. He pointed out, before any street plan could be considered, the Council would have to determine how it would affect certain properties and how those properties would benef�t from the improvement. Mr Herrick stated another possibility which exists is for the Council to revoke the authority to split the lot. Councilman Barnette stated Mr. Labeaux is apparently interested in selling the property and felt negotiations should be opened regarding the possibility of acquirtng Mr Labeaux's property. MOTION by Councilman Barnette to authorize the City siaff to open negotiations with Mr. Labeaux to acquire the back half of his property for park purposes. Seconded by Councilman Hamernik. Councilman Schneider questioned if the City has a definite need for this land. He stated he realizes Mr. Labeaux's position and knovas he would like to realize the potential of his investment. Dr. Boudreaustated it would depend on the price of the land, however, he felt it would be beneficial as part of the natural resource area, Mayor Nee feli this should be looked at from the point of usefulness of , the property for the park system. He clarified that the motton doesn't entail acquisition, but only authorizes staff to negotiate with Mr. Le6eaux regarding the price for the property. � � � I � REGULAR MEETING OF APRIL 17. 1978 PAGE 9 ,. UPON A UOICE UOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. IDERATION OF EXECUTI BRIGH Mr. Sobiech, Public Works Director, stated this agreement would permit the construction of the remaining outfall for Innsbruck North drainage system. He stated this outfall dratns the final pond in Fr�dley on the boundary line between Fridley and New Brighton. He explained the plan was previously approved wtth the Tnnsbruck North development, but the outfall pip�ng was not previously constructed in anticipatton of future development and further outfall construction in New 6righton He stated development �n New Brighton has now occurred to this point. Mr. Sobiech stated a public hearing for the improvement was held under Improvement Pro�ect 113 and there are pending assessments for storm sewer outfall. He explained that, due to Fridley's ponding, the City does not affect the capactty of the drainage system in New Brighton, and the only cost sharing the City should be tnvolved in is the outfall from the Fridley ponds to the New Brighton storm sewer system. MOTION by Counctlman Schneider to authorize execution of the �oint powers agreement with New Brighton. Seconded 6y Councilman Barnette Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. LUTION N0. 35-1978 ORDERING IMPROVEMENT, APPROVAL MOTION by Councilman Schneider to adopt Resolution No 35-1978. Seconded by Counctlman Hamerntk. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RES�LUTION N0. 32-1978 QR�ERTNG IMPROUEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMRPOVEMENT PROJECT ST. 1978-2, This resolution involves the construction of sidewalks on the East side of 7th Street form 61st to 63rd. Councilman 5chneider asked if the City had a final commitment from the School Distr�ct on splitting the costs on a 50/50 basis. Mr. Quresh� stated he has met with Dr. Hansen and the School District will share in the costs of the sidewalks and the costs for any other changes. He stated that Councilman Barnette had been tn contact wtth the affected property owner, Mr. Saunders, and he will give the C�ty the easement for the sidewalk, with the understanding that there will be no assessment to his property. Mr. Sobiech, Publtc Works Director, stated the School District originally indicated they would pay $18,000 or 50% of the cost, but he understood that, since the cost figures have changed, they have agreed to share in these on a 50/5D basis. Mr. Qureshi, City Manager, stated Mr. Pierce of the School Board has discussed these other items with the School Board and he dtdn't feel there was any disagreement. MOTION 6y Councilman Schnelder to adopt Resolution No. 32-1978. Seconded by Councilman Barnette. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. -1978 APP REGULAR MEETING OF APRIL 17, 1978 PAGE 10 Mr. Sobiech, Public Works Director, stated adoption of this resolut�on is the initial step to allow the Highway Department to continue with planning and processing for expansion of the railroad bridge ihat crosses I-694. He stated, with the improvement, there would be an additional driving lane with appropriate shoulders, median and berming areas to allow more clear driving space He stated, �n widen�ng of the Bur7ington Northern railroad bridge, �t also necess�tates the need for replacing the Main Street bridge. Mr. Sobiech stated it is his understanding there �s no cost to the City, with 90% Federal and l0i State financing for the project. , Mayor Nee asked about the drainage pipe located in this area. Mr. Qureshi stated he didn't feel this would have any effect on the improvement. Mr. Sobiech felt, howeuer, this may be the time to have another water crossing instalied which wouid result in some cost to the City. He aiso felt perhaps the City might want to insure they have adequate space for bikeway�Walkway areas He stated this improvement is scheduled for 1981 and he would keep the Council informed regarding the progress. MOTIDN by Councilman Fitzpatr•ick to adopt Resoiution No. 33-1978. Seconded by Councilman Schneider Mr. Quresh� felt it should 6e made known to the Department of Transportat�on the City's feeling on the water crossing and that LaMaur's be notified of the public hear�ngs, as requested UPON A VDICE VOTE TAKEN ON THE MOTION, a71 voted aye, and Mayor Nee declared the motion carried unantmouslv .� 8-4): D SYSTEM (ST MOTION by Councilman Schneider to adopt Resolution I�o. 34-1978. Seconded ' by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICEP15E5: MOTION by Counc�lman Hamernik to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously CLAIMS� MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 102A11 through 102724 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIIIING LETTER FROM CHAMBER OF COMDIERCE DATED 4-14-78. MOTION by Councilman Hamerm k to receive the letter from Mr. Mark Haggerty, President, Chamber of Commerce dated 4-14-78. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES• ' MOTION by Counc�lman Hamern�k to approve the est�mates as submitted. � REGULAR MEETING OF APRIL 17, 1978 Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building M�nneapol�s, MN 55402 For legal services rendered as Prosecutor during March, 1978 Logan & Styrbicki, Court Reporters W-856 First National Bank St. Paul, MN 55101 For Depositions re: A. � Chromy Construction Co. vs. City of Fridley, et al Weaver, Talle & Herrick 6279 University Avenue N.E. Fridley, MN 55432 PAGE 11 ��s For legal services rendered as City Attorney during March, 1978 �1,880 �0 $ 232 30 $1,747.55 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously A�JOU2NMEP�T: MOTIQN by Counc�lman Hamernik to ad�ourn the meeting. Seconded 6y Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meetin9 of the Fridley City Council of April 17, 1978, ad,7ourned at 9:50 p.m. Respectfully su6mitted, � 1 ��� , �� ����� �� �� � �t�� Carole Haddad William J Nee Secy. to the C1ty Council Mayor Approved:� I 1 "� �j �