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09/12/1977 - 00014396_ `_ �1 THE MINUTES OF THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF SEPTEMBER 12, 1977 The Regular Meeting of the Fridley City Council of September 12, 1977 was called to order at 7:40 p.m. hy Mayor Nee. � PLEDGE OF ALLEGIANCE. Mayor Nee led the Council and audience in the Pledge of Allegiance to the Fla9. ROLL CALL: MEMBERS PRESENT: Councilwoman Kukowski, Councilman Schneider, Mayor Nee, Councilman Hamernik, and Councilman Fitzpatrick MEMBERS ABSENT: None APPROUAL OF MINUTES: PUBLIC HEARING MEETING, AUGl1ST 8, 1977: M�TION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. REGULAR MEETING, AUGUST 15, 1977: Councilman Hamernik requested the word "allocation° be corrected to °allegation" on page 7, paragraph 3, ltne 3. �P10TION by Councilwoman Kukowski to approve the minutes as amended. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously A�OPTION OF AGEN�A: Mayor Nee requested the following �tems be added to the a9enda, (1) Paratransit Demonstration Proposals, (2) Letter from the Metropolitan Council Concerning Criteria for Evaluation of River Crossings and Bridges, and (3) Consideration of Question of Tax Levies The staff requested the Council consider a resolut�on to authorize the adm�nistration to apply for funds for Planning Assistance Grant. MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: INTERSECTION - UNIVERSITY AVFNUE AND MISSISSIPPI STREET: Mr. Tom Myhra, 6360 Able Street N.E , appeared before the Council regarding the intersection at lJniversity and Mississippi. He pointed out the hazards of this �intersection whereby persons making a left-hand turn are caught in the m�ddle of the intersection because of the method of signaltzation. He felt something had to be done to alleviate the problem and the hazards. Mayor Nee thanked Mr. Myhra for his comments and explained the City has 6een attempting to obtain improvements at this intersection; however, it has been difftcult as it involves County and State jurisdiction. He stated some improvements are scheduled for next year. (' ( � 4v �� REGULAR MEETING OF SEPTEMBER 12, 1977 PAGE 2 Mr Tom Colbert, Assistant City Eng�neer, stated, with the improvement,the new si9nalization would eliminate a lot of the problems and hazards of getting cau9ht in the middle of the intersection. WARNING SIREN: Representative S�moneau and Senator Schaaf congratulated the C�ty for their ' participation in installing an emergency services warm ng stren. They presented a $500 check from the State for the7r portion of the cost of this siren. SIGNALIZATION - 69TH AND UNIVERSITY Mr. Qureshi, City Manager, questioned Senator Schaaf about poss�ble signalization at 69th and Un�versity. Senator Schaaf indicated that, accord�ng to the l�st of priorities, this probably would not be constructed for some time. He stated he has suggested to the Highway Department, that where there is a traffTC safety prob7em and concern by the City, poss�bly the "front end" cost could be borne by the City with later reimbursement by the State. He indicated Mr Dick Brown of the State Highway Department was interested in this suggestion He stated, if there is a problem legally, he would introduce legislation which would allow local commum t�es to participate on this bas�s. He hoped, if this could be accomplished, it would be sig m ficant in helping the safety problem at 69th and University. SIGN OR�INANCE� Mr. D�ck Harris, Chairman of the Plam m �g Commission, requested d7rect�on from the Council on the Sign Ordlnance He stated he has read the memo from the City Attorney to Mr. Sobiech, Public Works Director, and is not quite sure what the Council wants from the Planning Comm�ssion. Mr. Herr7ck, City Attorney, stated, the last time the Sign Ord�nance was before the , Council, it was the consensus �t was not in a form to be adopted. Therefore, it was sent to staff for review and to clean up any inconsistenc�es. Mr. Herrick stated he then made comments regarding the legality and procedural problems he might envision. Mr. Herrick stated his review was limited to the parts of the ordinance that were not clear and would be difficult to administer. He stated he did not attempt to change any substance of the ordinance, w�th one or two m�nor exceptions. Mr. Harris asked if the Council wanted the Planning Commission to change anything in the substance of the ordinance. Mayor Nee pointed out the ordinance, as submitted, was not in a form that could be adopted and was, therefore, referred to staff. He �ndicated he did not know, at this time, if the Council wants any other changes. Mr. Harris stated members of the Chamber of Commerce subm�tted their comments and felt there was a great deal of �nput from them in the draft of the ordinance. Councilman Namernik stated he had made some comments, at a previous meeting, regarding the ordinance and felt these should be taken into consideration. Mayor Nee felt the Planning Commission should forward the Sign Ordinance, as they see it, to the Council and they would proceed from there. DISEASED TREES ' Mr. Dick Harr�s commented he felt the ordtnance regardin9 removal of d�seased trees shou7d be enforced on pub7ic properties, the same as tt �s being enforced on private property. One area he particularly pointed out was Gil Hodges Island where there are several dead elms. He felt the City should enforce its own laws and follow the ordinance. Mr Harris stated he spoke w�th the City Manager and he was goin9 to check �nto this matter further. Mr Qureshi, City Manager, stated they are investigat�ng and do not knosv exact7y what can be done as the Island came as a lease from the State. � � � . ,� � .� REGULAR MEETING OF SEPTEMBER 12, 1977 PAGE 3 Mr. Harris felt they might ask Representative Simoneau or Senator Schaaf about this since they were present. Representative Simoneau stated the specific question is whose responsi6ility it is for removin9 the trees, He questioned if there were any other areas where there may be a similar problem. Mayor Nee pointed out to Representative Simoneau another possible area would be Breckenridge Island. Mayor Nee stated staff will continue its invest�gation into this matter and submit a report. OLD BUSINESS: DRDINANCE N0. 662 - AMENDING SECTION 402 OF THE FRI�LEY CITY MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No, 662 and adopt it on the second reading and pu6lish. Seconded by Counc�lman Hamernik. Councilman Hamernik felt, if the staff's recommendat7ons were to be taken �nto consideration, he would move the following amendment. MOTION by Councilman Hamernik to amend paragraph 2, line 2 by changing the wording to with}n 7 days of the due date, instead of 10 days. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Ms. Bakke, President of the Locke Lake Association, presented a report to the Council covering the Association"s thoughts on improvement of Locke Lake. She felt the responsibility for maintaining Locke Lake has not been clearly defined and should be clarified. Ms. Bakke reviewed the reasons for rejecting the City's plan far improvement of Locke Lake. Some of these reasons included the methods of removing the silt, the amount of area involved, the reductio� in the size of Locke Lake, and the inequitable distri6ution of the costs of the improvement. Ms. Bakke then reviewed the proposals by the Locke Lake Association for restoration of the lake. These proposals outlined the Association's recommendations for the Lake as far as removal of the silt and creation of an internal sedimen� reservoir. Also suggested was an equitable distribution of the costs and increasing the weight of the City's benefit. Mayor Nee pointed out to Ms. Bakke that this was not a City proposal and was information presented by the Rice Creek Watershed District Councilman Fitzpatrick stated the Council heard the proposal presented by the Watershed District at the same time as the res}dents. Ms. Bakke stated she realizes it was proposed by the Watershed District, 6ut that they have to go through the City. Mr. Qureshi, City Manager, stated it was not necessary to proceed through the City and that the City is working with the Watershed District only in attempting to bring comments back to them. Councilman Fitzpatrick stated the Watershed District is a governmental unit with its own powers so the Association can work with them directly. Ms. Bakke questioned Representative Simoneau if there would be any hope of receiving funding from the State or Federal government for this improvement. -i"rl� �a REGULAR MEETING OF SEPTEMBER 12, 1977 PAGE 4 Representative Simoneau felt, at this time, there would not be any funding available for such an improvement. He indicated, however, he wou7d be happy to work with the Association and the Watershed D�strict regarding this problem. Mr. Don Showalter, 6785 East R�ver Road, questioned if the City was only respons�ble for the dam itself or the water behind the dam. Mr. Herrick stated, go�ng back to the original permit, the City was responsible for maintaining the structure (dam). He felt that is a71 the responsibility the City accepted at the time the State issued the permit. He stated, at the time the permit was issued, the Conservation Department or Department of Natural Resources, required a governmental unit be responsible for the dam so that there would 6e a continuing 6ody in existence to maintain the structure. Mr. Bob Hughes, who was Fridley's Mayor at the time the permit was issued, concurred w�th Mr. Herrick's remarks. Mr. Hughes stated the City didn't want the lake particularly, the the developer wanted it in order to sell lake lots. l � Mr. Nick Garaffa, 6750 Monroe Street N.E., felt the Locke Lake Association has, in therr proposal, greatly increased the liability of property owners from the east side of the trestle. He questioned if the Association had these property owners' support in this proposal A gentleman stated, in a spot check of persons from University Avenue to the trestle, they were willing to pay their costs and concurred they would like the creek cleaned up. He indicated, however, that these persons did not attend the meeting of the Associat�on. Mr. Showalter further stated he felt the City contributed a great deal to the silt problem of Locke Lake by construction on University and the drainage of the storm sewers. Mayor Nee explained the three methods by which the improvement could be initiated. One would be for the Watershed �istrict to initiate such an improvement; the second would be for the City to petition for the improvement; and the third, the affected , res�dents could get the necessary petition and a public hearing would be held and a determination made on whether to proceed with the improvement. Mayor Nee also pointed out that the method of assessing 7s determined by the Watershed Distr�ct and not the City. Mr. Herrick explained the Watershed D�strict cannot assess any greater than they are able to prove benefits received. Councilman Hamernik stated, in lookin9 at the proposal by the Locke Lake Association, it is difficult to support it as presented. The proposal indicates property owners are willing to allow fill to be brought on the�r property, and questioned how many property owners were rnvolved. Mr. Showalter stated two property owners on the east side of the trestle indicated fill could be put on their property Mr. Will Bolkcom, 6821 Hickory Street N.E., stated the silt could be pushed with a dredge. He further stated Mr. Pat Novak, 8371 Knollwood, has operated such equipment and it would be cheaper to have it done this way rather than drain the lake and haul away the silt. Mr. Qureshi, City Manager, suggested this proposal by the Locke Lake Association be presented to the Rice Creek Watershed Distrtct. Mr. Showalter indicated he would take th�s suggestion back to the Associat�on Mr. Qureshi asked the Association to advise the City, if they make the presentation to the Watershed District, so a City staff inember could be present. MOTION by Councilwoman KukowsKi to receive the report from the Locke Lake Associaiion. Seconded by Councilman F�tzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 � REGULAR MEETING OF SEPTEMBER 12, 1977 TI CTION OF A 7-11 ST �'�'� PAGE 5 Mr. Tom Colbert, Assistant City Engineer, explained the requests for variances to allow construction of a 7-Eleven Store at 7899 East River Road. He explained the item was tabled on April 18, 1977 in order to allow the developer time to meet with the County regarding possible signalization at the intersection of the proposed 7-Eleven Store. Mr. Colbert stated the City received a request from the petitioner, Mr. Ernst, to be placed on the Council agenda for this evening. Mr. Ernst appeared before the Gouncil and explained they have looked into the possibility of rezoning the property in question to C-1 which would alleviate the need for a variance from the public right-of-way; eliminate the variance for a 20 foot setback; and eliminate the 50 foot setback from a common boundary line, as previously requested. Mr. Ernest explained, with a C-1 zone, only two variances would be required. One being a variance of the side yard setback from 15 feet to 10 feet and the other being a variance of the rear yard setback from 25 feet to 20 feet. He stated they have explored the possi6ility of obtaining an easement from the apartment to the South and have a letter from the owner expressing the inability to grant such an easement. Mr. Colbert explained part of the original stipulations was the establishment of a deceleration lane to County standards. Mr. Ernst stated they are willing to construct a deceleration lane. Councilman Fitzpatrick felt the real issue is the entrance off East Rivar Road, and didn't feel there was a pro6lem with the var�ances since they will be requesting rezoning ta C-1. � Mr. Colbert stated, in d�scussing a temporary median on East River Road, the County felt to place a three to four foot median without any future road development would create more of a hazard than havinq persons attempting to make an illegal turn. The staff suggested, as far as the traffic pattern is concerned, the ingress, as it is proposed could be allowed with the idea that the �ntersection will be improved in the near future or it could be approved with the stipulation that no ingress be allowed until the intersection modification took place. The staff felt, if directton is received from the Council, program scheduling could begin with the pro�ect being completed within the next few years. Mrs. Virginia Carlson, 231 79th Way, stated there was some discussion at the last meeting about using 79th. She indicated she did not want any traffic from this development on 79th. She stated she was against commerical development on that corner and felt it would downgrade the value of her property. Mr. Qureshi felt the improve- ments of the intersection would be in two stages; first, the construct�on of the channelization of theintersection and second, the signalization Mr. Colbert then presented a drawing showing the proposed improvement of the inter- section. This would allow a right turn lane into Meadowrun Apartments, but no exit. Councilman Fitzpatrick pointed out this proposal still exits onto 79th. He felt if there is to be ingress to this property from East River Road, you have to look at a substanttal improvement. � Mr. Colbert felt the Council would want the tngress to be more def�ned and with appropriate signing, he felt it could be handled effectively. Mr. Ernst stated they and would install the parttcular entrance. are willing to study this approach with the Engineering Department proper signing to indicate that traffic not ex�t from that Mr. Colbert stated, if ingress was allowed off East River Road, it would fit in with the modification plan. 7� , REGULAR MEETING OF SEPTEMBER 12, 1977 PAGE 6 Councilman F�tzpatrick felt the petitioner should continue to work with the City and �nitiate the rezoning request for C-1. MOTION by Councilman Fitzpatrick for the petitioner to continue to work with the City regarding the ingress and egress and to tnit�ate the rezoning request for C-1 which would elim�nate the need for some of the variances requested in the past. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee deicared the motion carr7ed unanimousiy. NEW BUSINESS: CO FI ISSUANCE OF E ING SECTION 29 OF THE CITY CODE NG FRIDLEY Councilwoman Kukowski felt the ordinance was not acceptable as to what her thoughts were, in terms of costs io the City, in comparison io the proposed amendment. She felt there should be some middle ground. Councilman Hamerm k concurred with Councilwoman Kukowski's comments. He felt the amount of paperwork could be minimized and thereby, minimize the cost of the license. Councilman Fitzpatrick felt with the 15% of the gross receipts to lawful purposes, they still have an obligat�on to look at the other 85%. Councilman Schneider felt a certain percentage of the gross receipts, oossibily 5%, should be for local charitable contributions, and this should be noted in the ordinance. Councilman Hamern�k felt the fees should be re-evaluated. Mr. Brunsell, City Clerk, stated they could take another look at them, however, if the City is go�ng to audit everything, the fees are not enough. MOTION by Councilwoman Kukowski to table this item. Seconded 6y Councilman Hamern�k. Upon a vo�ce vote, all voting aye, Mayor Nee delcared the motion carried unanimously. RECEIIIING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 17, 1977: JILL ZAK SPECIAL USE PERMIT SP #77-10 8290 MAIN TREFT, Mr. Colbert, Assistant City ngineer, s a e e am m �g Commission recommended approval of this request for a special use permit for a school of 9Ymnastics and exercise in an M-2 zone. He explained the reason for the request is that this type of a warehouse building is needed in order to accommodate the gymnastic equip- ment. He stated, if the Counc�l recommends approval of the request, the special use permit shou7d be issued to the property with direction being 9iven to staff to define the area of the special use permit in relat�on to the entire build�ng. Mr. Colbert stated, as of this date, the building is stili under construction and Ms. Zak has not signed the lease. Ms. Zak appeared before the Council regarding her request for a spec�al use permit. Councilman Hamernik questioned the space she would occupy in the warehouse building. Ms. Zak stated she would be leasing one of the smal] bays nearest Matn Street, the size being 3D x 34 feet. Ms. Zak stated she would like to move into one of the larger bays at some future date. Mr. Herrick, City Attorney, felt if Ms Zak was go7ng to expand, it would be reason- able to have her come in w�th a request at the t�me of expansion. Mr. Qureshi, City Manager, felt �t would have to come as a modification to the special use permit, if the location in the building changed. MOTION by Counc�lman Hamernik to approve 5pecial Use Permit SP #77-10 to Ms. ��11 Zak for use of a recreational-commereial facility 7n an M-2 zone at 8290 Ma�n Street and allow her to use a 30 x 34 feet bay for recreational purposes. Seconded by Councilman Fitzpatrick. lJpon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unan�mousiy. � ' , � � � REGULAR MEETING OF SEPTEMBER 12, 1977 DEGARDNER REALTY, LOT SPLIT L.S. #77-09, 1335 AND 1345 52ND AVENUE N.E.: PAGE 7 , �, �J Mr. Tom Colbert, Assistant City Engineer, stated the Planning Commission reviewed this request for a lot split and has recommended approval. MOTION by Councilman Schneider to approve Lot Split L.S. #77-09 for DeGardner Realty. Seconded by Councilman Hamernik. Mr. Qureshi, City Manager, questioned the potential of any addttional assessments on the property and felt this should be checked. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamerm k to recelve the minutes of the Planning Commission Meeting of August 17, 1977. Seconded by Councilwoman Kukowski. Councilman Schneider questioned the procedure followed regarding the Hyde Park Area at the Appeals Commission Meeting on August 9, 7477. Mr. Q�Lresh�i, City Manager, explained 6ecause it was an R-1 use of the R-3 property, it was determined this did not have to 6e passed on to Council. Councilman Schneider indicated he did not have any problem with the action taken, but just wanted to make sure it was consistent. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. IVING THE MINUTES OF THE POLICE COMMISSION MEE7ING OF AUGUST lb, 1977• MOTION hy Councilwoman Kukowski to receive the minutes of the Police Commission Meeting of August 16, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, May Nee declared the motion carried unanimously. I E COMM 30. 1 MOTION by Councilman Hamernik to receive the minutes of the Police Commission Meetings of August 30 and September 9, 1977. Seconded 6y Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR APPROVAL OF A ONE FOOT EASEMENT ENCROACHMENT AT 1580 7ninninnr_n cTOrr-r ❑v i nvconi r rncnni i nr o Qi nrv i nn crro nnnTTrnni. Mr. Tom Colbert, Assistant City Engineer, stated a letter was received from Mr. Edson requesting a one foot encroachment into the easement. He indicated there would be no ma,]or obstruction to any existing or proposed drainage pattern,_and that letters were received from Cable TV, Northern States Power, Minnegasco and Northwestern Bell Telephone indicating no objections to thts encroachment. MOTION by Councilman Schneider to grant the request for a one foot encroachment on the easement for Lot 2, Block 1, Deleier Addition. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. Mr. David Brink of Designware Industries Inc. appeared before the Council regarding a request to substitute asphalt curbing for concrete curbing in their parking lot construction. Mr. Colbert, Assistant City Engineer, stated, at the time the building permit was issued in November, 1973, it was agreed that the parking lot would be brought up to City standards within one year of completion of the Mississippi Street underpass. Mr. 6rink stated in order to prov�de concrete curhrng, it would cost an add�tional $5,000. He stated they have an existing asphalt curb which is 16 years old and felt this was a testimonial to the durability of asphalt. He requested favorable action from the Council to permit an asphalt curb instead of a concrete curb. i, , , REGULAR MEETTNG OF SEPTEMBER 12, 1977 PAGE 8 Mr. Qureshi, City Manager, stated when the standards were reviewed and taking into consideration the cost benefit for a long per�od of t�me, it was decided concrete curbing was a better investment, and in 1969, standards were adopted that all new construction would have concrete curbing. Mayor Nee feli the Council would have a probTem of finding the rationale for changing the ordinance. Councilman Hamernik stated this requ�rement for concrete curb is part of the code and � others have complied and felt he could not put himself in the position to say that what the City has in their code is not acceptable. Mr. Qureshi, City Manager, questioned Mr. Br�nk if he had investi9ated the other method of construction of the concrete curbing. Mr. Brink stated they were not able to get any favorable quotes that would save them any appreciable amount of money. Mr. Brink also indicated they would be providing more parking than is needed Mr Qureshi felt if there is no poientiai for them to need the additional parking, possibly something could be worked out to have a smaller area blacktopped, thus reducing some of the cost and applying th�s to the concrete curb. He felt, as long as the 7and was available, if additional parking was required in the future, it could be put in at that time. Mr. Brink still felt it was difficult to justify the expense for concrete curbing. Counc�lman Hamern�k felt consideration of Mr. Qureshi's suggest�on to blacktop a smaller area of the parking lot and save �n this regard may be a favorable solution. Another gentleman from Des7gnware, Inc. commented this suggestion may not work from the standpoint of providing a good traffic flow pattern. RECESS: � Recess called by Mayor Nee at 10�45 P.M. RECONyENED: Reconvened at 11:00 P.M. All Council members were present. Mr Qureshi suggested the staff work with Mr. Brink of Designware Industries, Inc. to check further into estimates for the concrete curbing. MOTION by Councilman Schneider to receive this request by Designware Industries, Inc. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FINAL APPLICATION FOR OUTDOOR ATHLETIC CDURT GRANT. MOTIDN by Councilman Schneider to approve the fina] application for the outdoor athlet�c court grant. Seconded by Councilwoman Kukowski. Upon a voice vote, all Voting aye, Mayor Nee declared the motion carried unanimously. REQUEST FOR INCREASE OF PENSION BENEFITS BY FRIDLEY FIREFIGNTERS: Deputy Chief Aldrich of the Fire Department appeared before the Council to answer any questions regard�ng the increase �n pension benefits for the Fridley firefighters. ' Councilwoman Kukowski questioned the last increase in 6enefits and Mr. Aldrich stated in December, 1975. Deputy Chief Aldrich called the Council's attention to the letter of May 3, 1977 from Stennes and Associates, Inc., Actuaries and Consultants, indicating the �ncrease is within the limits of the excess of funds. Deputy Chief Aldrich also pointed out this study by Stennes and Associates was done in May and it is not proposed to have these increased benefits go into effect until January, 1978. ' � � REGULAR MEETING OF SEPTEMBER 12, 1977 PAGE 9 MOTION by Councilwoman Kukowski to approve the increase in pension benefits for the Fridley firefighters. Seconded by Councilman Hamernik. Upon a voice vote taken on the motion, all voted aye, and Mayor Nee declared the motion carried unanimously. -1977 AUTHORIZING ERRING FUNDS FROM THE REGl1LAR SPECIAL ASSESSMENT FUND ND: MOTION by Councilman Hamern�k to adopt Resolution No 93-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Kukowski to adopt Resolution No. 94-1977. Seconded 6y Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESDLUTION N0. 95- CITY ADMINISTRATION TO APPLY FOR ANY MOTION by Councilwoman Kukowski to adopt Resolution No. 95-1977 Seconded by Councilman Schneider Councilman Hamer m k stated he w�shed to reiterate his comments made a few months ago re9ardin9 CETA personnel and to make sure the City ut�lizes these people to the fullest benefit of the commum ty. He felt the City Manager keeps this �n mind when hiring persons for these positions. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 96-1977 AUTHORIZING THE ADMINISTRATI�N MOTION by Councilwoman Kukowski to adopt Resolution No. 96-1977. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 97-1977 AUTHORIZING ADMTNISTRATION TO APPLY FOR FUN�S FOR PLANNING ASSISTANCE GRANT: MOTION by Councilman Fitzpatrick to adopt Resolution No. 97-1977. Seconded by Councilwoman Kukowski. Mayor Nee stated the amount requested in the resolution was $8,835. UPON A VOICE VOTE ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. tIZATION FOR ADMTNISTRATION TO APPLY FOR LAWCON i Mr. Qureshi, C�ty Manager, explained these shelters would be located at Commons, Madsen and Ruth Circle parks. MOTION by Councilwoman Kukowski to authorize administration to apply for LAWCON grant for park shelters. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motton carried unanimously. CONSIDERATION OF AUTHO Y GRANT FOR The Council reviewed several proposals by staff for applying for a LAWCON grant for land acquisition for parks. In discussing this item> the Council agreed neighborhoods 3 and 10 should be pursued for this grant application. � � -i� ry /• d d ,,1 REGULAR MEETING OF SEATEMBER 12, 1977 PAGE 10 MOTION by Councilman Fitzpatrick to authorize adm�nistration to apply for a LAWCON grant for acquisition of park property in neighborhoods 3 and 10, as described in the proposa7 submitted by staff Seconded by Counc7lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. THE ST. 1977- MOTION by Councilman Fitzpatrick to adopt Resolution No. 98-1977. Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 99-1977 TRANSFERRING EXPENSES FROM THE PUBLIC UTILITY FUND TO THE ST. 1977-1 IMPROVEMEP�T PROJECT MOTION by Councilwoman Kukowski to adopt Resolution No. 99-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 100-1977 TRANSFERRING EXPENSES FROM THE SEWER. WATER AND STORM SEWER MOTION by Councilwoman Kukowski to adopt RESOlution No. 100-1977. Seconded by Councilman Schneider. Upon a voice vote, ail votin9 aye, Mayor Nee declared the motion carried unanimously. LUTION N0. 101-1977 APPROVING AND AUTHORTZING SIGNING THE AGREEMENT ESTABLISHING Mr. Brunsell, City Clerk, stated the net cost of the contract is slightly less than 4% a year for the two year contract. MOTION by Councilman Hamernik to adopt Resolution No. 101-1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEI�ING THE R CONSIDERATION OF APPOINTMENT TO THE COMMUNITY DEVELOPMEN7 COMMISSION: MOTION by Counc�lman Schneider to accept the resignation of Charles Gooder from the Commun�ty development Commission. Seconded by Councilwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schne7der to nominateConnie Modig for appointment to the Community Development Commission. Seconded by Councilwoman Kukowski. MOTION by Counc�lman Hamernik to nominate Dr. Kenneth Vos for appointment to the Community Development Commission. Seconded by Councilman Schneider, UPON A VOICE VOTE TAKEN ON THE NOMINATIONS, Councilwoman Kukowski, Councilman Schnedier, Mayor Nee and Councilman Fitzpatrick voted in favor of Connie Mod�g and Councilman Hamernik voted in favor of Dr. Kenneth Vos. Mayor Nee declared Connie Modig appointed to the Community Development Commission by a 4 to 1 vote. APPOINTMENTS: CITY EMPLOYEES: MO7ION by Counc�lwoman Kukowski to concur with the follow�ng appointments: 1 � , � � REGULAR MEETING OF SEPTEMBER 12, 1977 NAME POSITION SALARY David Sallman David Pecchia Roger Standal Michael Burke Laurel Anderson Bruce D. Goodman Peter J. Fleming Pro6ationary Police Officer Probationary Police Officer Probattonary Police Officer Probationary Police Officer Receptionist/ Typtst Management Analyst 945.00 945.00 945.00 945.00 682.24 1,177.00 Adm�nistrative 1,395.00 Assistant to the City Manager PAGE 11 EFFECTIVE DATE REPLACES 9-13-77 9-22-77 9-14-77 9-15-77 9-13-77 9-19-77 9-13-77 Robert Parquette John Anderson Existing Off�cer Assigned to Federal STEP Grant Existing Officer Assigned to Federal STEP Grant Kathy Fisette Posit�on in Eng. Division Jan Konzak 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVE LETTER FROM RONALD KALINA RE: POLICE CANDIDATE: M�TION by Councilwoman Kukowski to receive the letter from Ronald 5. Kalina, attorney at law_dated Septem6er 9, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 216G21 through 250985. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilwoman Kukowski 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. ESTIMATES: MOTION 6y Councilwoman Kukowski to approve the estimates as submitted. Miller, Dunwiddie, Architects, Inc. 7913 Southtown Center Minneapolis, Minnesota 55431 , Consultation, Preparation of Plans and Specifications $ 700.00 Observation of Construction--Islands of Peace 5helter Building, period ending June 3D, 1977 Sawer Cleator Lumber Company Box 11246 Minneapolis, Minnesota 55411 For Lumber for Shelter Building--Islands of Peace Pro�ect $ 2,322.52 �„ A Y t) REGULAR MEETING OF SEPTEMBER 12, 1977 NDH Inc. 5400 Industry Avenue N.W. Anoka, Minnesota 55303 PARTIAL Estimate #3 for Street Improvement Pro�ect ST. 1977-1 PARTIAL Estimate #3 for Street Improvement Project $81,017.77 $ 5,355.10 PAGE 12 ST. 1977-2 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. COMMl1NICATIONS. FRT6L�Y� JAYCgES THANK YOU: MOTION by Councilman Fitzpatrick to receive the letter of thanks from the Fridley Jaycees dated August 18, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. SCHOOL DISTRICT #11: SECON� ANNl1AL CERTIFICATE OF COMPLIANCE MEETING: , MOTION by Councilman Hamernik to receive the communicat�on dated September 2, 1977. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman F�tzpatrick stated this School Qistrict is �n his ward and he would attend the meeting. Mayor Nee indicated he would also try to attend the meetin9. FIRE DEPARTMENT: IJAIVER OF FEE FOR GRACE HIGH SCHOOL: MOTION by Councilman Schneider to waive the fee for the burning permit for Grace High School. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PARA-TRANSIT DEMONSTRATION PROPOSALS Mr. Qureshi, C�ty Manager, indicated staff is working with Senator Shaaf on this item. Mayor Nee clarified the Council's main concern is with the �itney buses. He also questioned if anyone has considered transportationfrom Fridley to Golden Valley. Councilwoman Kukowski stated she believed Senator Shaaf has explored this posstbility. No action was taken by Council on this item. LETTER FROM THE METROPOLITAN COUNCIL CONCERNING CRITERIA FOR EVALUATION OF rnnrrrnirr nnin nn+nnrr_ Two areas discussed by Council was construction of the Northtown Corridor and improve- ment of the I-694 bridge crossing. Councilman Fitzpatrick felt a statement from staff for the Council's consideration might be one way to handle this item. MOTION 6y Counc�lman Fitzpatrick to request staff to prepare a statement for the Council's consideration and adoption to formally go on record in favor of expediting the Northtown Corr�dor. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF OUESTION OF TAX LEVIES: Mr, Brunsell stated this item is brought to the Council's attention as he felt the City is getting closer to their levy l�mit and the surplus couldn't be used indef�nitely. Mr. Brunsell was requested to subm�t further information and a composite graph indicating the flow history of the surplus. ' , � � � ) lA J REGULAR MEETING OF SEPTEMBER 12, 1977 SCHOOL BOARD MEETING - SEPTEMBER 13, 1977: PAGE 13 Councilwoman Kukowski reminded the Council members of the School Board meeting on Tuesday evening, if there was an interest for any of the members to attend. TEEN CENTER: Mr. Qureshi had expressed the possibility of using CETA perso�nel for this operation of the Teen Center. MOTION by Councilwoman Kukowski to concur with the proposal of the Teen Center Corporation Board for modification of the Teen Center operation. Seconded by Council- man Scheider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. AD�OURNMENT: MOTION by Counc�lwoman Kukowski to ad�ourn 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 Fr7dley City Council of September 12, 1977 adjourned at 12•12 A. M. Respectfully submitted, �iL�M r�� ����' ��-�� Garole Haddad 5ecretary to the City Counc�l Approved: �/�r�,,/� William J. Nee Mayor