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11/07/1977 - 00014351THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 7, 1977 The Regular Meeting of the Fridley City Council of November 7, 1977 was called to order at 7�43 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 Councilwoman Kukowski, Councilman Schneider, Mayor Nee, Councilman Hamernik, and Councilman Fitzpatrick MEMBERS ABSENT• None PROCLAPIATION: Mayor Nee called attention to the proclamation issued oroclaiming the week of November 13-19, 1977 as American Education Week APPROVAL OF MIhUTES - REGULAR MEETING OF OCTOBEP. 24, 1Q77: M�TI�N by Councllwoman Kukowski to apQrove the minutes of October 24, 1977 as �resented. Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA Mr. ures i, i y Manager, requested that a representative from the State Crime Control Planning Board 6e able to present slides regarding the crime watch tn Minneapolis and hear recommendations for perhaps a similar program in Fridley. MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded 6y Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed ' unammously. OPEN FORUM, VISITORS• Mr. Ed Wilmes, representing the Islands of Peace Foundation, stated, through the efforts of many people a lot of positive action has been taken in developing the Islands of Peace facilities. Mr. Wilmes stated that Mr. Cliff Miller, the Executive Director for the Council for the Handicapped, will visit the Islands of Peace this Wednesday morning and urged the members of Council to come out at this time to see the progress being made. Mr. Wilmes stated he knows the City has an obligation to see how the $150,OD0 grant �s spent, but felt it was also the responsibility of the Foundation to make sure the funds are used for the purpose intended. He stated, hopefully, the matching funds can be provided through in-kind labor. He indicated because they don't have the matching $50,000 now doesn't mean they will not raise it. Mr. bdtlmes indicated he wished to make the Council aware of the physical efforts by the Foundation. Mr. Wilmes thanked Councilwoman Kukowski for her part in working with the Islands of Peace Foundation. STREET ACCESS - TO�D BLAIR AND TIMOTHY MUNN(RE: 7181 EAST RIVER ROAD): Mr. Todd Blair, 248 105th Street N.E , Blaine, and Mr. Timothy Munn, 4722 42nd Avenue N, Minneapolis, appeared before the Council regarding a street access to lots which �they own in the City of Fridley. Mayor Nee explained there is an established procedure to follow for this ttem to be considered by Council and the gentlemen were directed to contact Mr. Sobiech of the City staff regarding their proposal. NEW BUSINESS. CONSIDERATION OF FIRST READING OF AN OR�INANCE ADOPTING CHAPTER 214 ENTITLED SIGNS nnin nrnrni rnir nnrnn riinnTrn n�n rniTrTi rn ornvr nnin nri � niinnnr. MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon f�rsi reading. Seconded by Councilwoman Kukowski. �J .uI REGULAR MEETING OF NOVEMBER 7, 1977 PAGE 2 Mr. Herrick, City Attorney, recommended the following amendment: Page 1J, Section G, Subsection 2, Item 4, to read as follows "The sign becomes d�iapidated or damaged and cost of bring�ng said sign into compliance is more than fifty (50) percent of the economic value of said sign then the remainder of the sign is to be removed." MOTION by Councilman Fitzpatrick to amend the ordinance as recommended by the City Attorney. Seconded by Councilwoman Kukowski. Upon a rall call vote, Councilman Fitzpatrick, Councilwoman Kukowski, Counci7man Hamernik, and Councilman Schne�der voted in favor. Mayor Nee abstained Mayor Nee declared the motion carried by a four to zero vote. � Councilman Fitzpatrick recommended that East River Road be eliminated in Section 214 033, Subsection B, Items 2 and 8, as shown on Page lE. MOTION by Councilman Fitzpatrick to amend the ordinance by deleting East River Road on Page lE, Subsection B, Items 2 and 8 Seconded by Councilman Schneider Councilwoman Kukowski �ndicated she felt billboards should be allowed south of 694, but would go along with eliminating East River Road, north of 694. Councilman Fitzpatrick indicated he would have no strong objection tothis; however, his motion did include all of East River Road MOTION by Councilwoman Kukowski to amend Councilman Fitzpatrick's motion to only include East River Road south of 694. Seconded by Counciiman Hamernik Upon a roii call vote, Councilwoman Kukowski, Counc�lman Schneider, and Counctlman Hamernik voted in favor. Mayor Nee and Councilman Fitzpatrick abstained. Mayor Nee declared the motion carried by a three to zero vote. UPON A ROLL CALL �OTE taken on Counc�lman Fitzpatrick's original motion, Counc�lman Fitzpatrick, Councilwoman Kukowski, Councilman Schneider, and Councilman Hamerm k voted in favor. Mayor Nee abstained Mayor Nee declared the motion carried by a four to zero vote. MOTION by Councilman Schneider to eliminate the wording "as measured along a designated , street right-of-way" under Section 214.033, Subsection B, Item 6. Seconded by Councilman Fitzpatrick. Councilman Schneider felt the above wording defeats the original purpose of the 500 feet and was concerned about residential property that abutis, through a back yard, to corronercial property. P1s Nancy Jorgenson, representing Naegle Signs, stated in the case where you cannot see the s�gn, it �s not necessary to be 500 feet away, Counc�lman Fitzpatrick indicated he is not sure what type of visual 6arrier they are talking about. He felt if �t �s a natural visual barrier, he could agree un th it, but could fo��esee applications not only for a sign, but for a visual barrier as well. Mr. Herrick �ndicated, if the applicant for the sign is not sattsfied with the Council's interpretation of a v�sual barrier, they could proceedfurther from this point. He indicated a definit�on of "visual barrier" could be inserted into the ordinance Councilman Schneider indicated the intent of the motion was not to get into the matter of the visual barrier. UPON A ROLL CALL VOTE TAKEN ON THE ABO�E MOTION, Councilman Schneider voted rn favore Councilman Fitzpatr�ck, Councilwoman Kukowski, and Councilman Hamernik voted against. Mayor Nee abstained. Playor Nee declared the motion failed by a one to three vote. ' MOTION by Councilman Hamernik to amend Section 214.033, Subsection B, Item 7 by changing the number (2) to (3) in the last line. Seconded by Councilwoman Kukowski. Upon a roll call vote, Councilman Hamernik, Councilwoman Kukowski, Councilman Fitzpatrick, and Councilman Schneider voted in favor Mayor Nee abstained. P1ayor Nee declared the motion carried by a four to zero vote. REGULAR MEETING OF NOVEMBER 7, 1977 PAGE 3 ._ r ;" MOTION by Councilman Hamerm k to eliminate Subsection I, Porta-Panels, under Section 214.032 and put this 5ection 1 into 214 044 as Subsection D; into 214.045 as Subsection G; into 214.046 as Subsection F; and into 214.047 as Subsection D. Seconded by Councilwoman Kukowski. Upon a roll call vote, Councilman Hamernik, Councilwoman Kukowski, Councilman Fitzpatrick, and Councilman Schneider voted in favor. Mayor Nee abstained. Mayor Nee declared the motion carried by a four to zero vote. �MOTION by Councilman Schneider to amend Section 214.033, Subsection B, Item 2 by adding the words "south of 694" after East River Road and chang�ng University Avenue to "T.H. 47" and Central Avenue to T H. 65." Seconded by Councilman Hamernik. Upon a roll call vote, Councilman Schneider, Councilman Hamernik, Councilwoman Kukowski, and Councilman F�tzpatrick voted in favor. Mayor Nee abstained. Mayor Nee declared the motion carried by a four to zero vote. MOTIOM by Councilman Hamer m k to remove all of Subsection 6, under Section 214.033 and place it under Sect�on 214.Q46 as Subsection G and under Section 214.047 as Subsection E and remove the words "but only after securing a special use permit." Seconded by Councilwoman Kukowski. Councilman Hamer m k felt, with this ord�nance, they have control over billboards and felt it wasn't necessary for the special use permit, which would require a lot of admim strative time. Councilman Fitzpatrick indicated he agreed with Councilman Hamer m k's comments, but was wondering if they really want to exempt billboards from a process required for other items. Councilman Hamernik felt the City does not have the detailed ordinance for other items, which require a special use permit, as they do for the control of billboards. Councilman Schneider felt this ordinance has received a lot of review from Commiss�ons , and other organizations and to change it further is contrary to the input received. Mr. Herrick, City Attorney, indicated he felt it �s difficult to visualize all situat�ons, however, if the applicant met all the requirements of the ordinance, the City would have a difficult time to deny a special use permit. Ms. Nancy �orgenson, representing Naegle Signs, indicated the main reason they do not like the requirement for the special use permit is because of the expense of the permit and the time involved in obtaining the permit which she felt was a hindrance. UPON A ROLL CALL UOTE TAKEN ON THE ABOVE MOTION, Councilman Hamernik, Councilman Fitzpatrick, and Councilwoman Kukowski voted in favor. Councilman Schneider voted against the motion and Mayor Nee abstained. Mayor Nee declared the motion carried by a vote of three to one. MOTION by Councilman Fitzpatrtck to amend Section 214.033, 5ubsection B, Item 6 as follows: "Proximity to Uses Permitted in Residential Areas: Not closer than five hundred (500) feet to any residential district or park or playground." Seconded by Councilman Schneider. Counctlman Hamernik indicated he would like to see the reference to the visual barriers kept in the ordinance as he felt there are some areas where this would apply. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Counc�lman Fitzpatrick, Councilman Schneider, Councilwoman Kukowski, and Counctlman Hamerm k voted in favor. Playor Nee abstained. Mayor Nee declared the motion carried by a four to zero vote. �Councilman Hamernik questioned if the City Attorney was satisfied with Section 214.06, Subsectton C, to which Mr. Herrick indicated this section was satisfactory with him, Councilman Schneider requested clarification of the sentence structure under Section 214.06, Subsection E, Appeals. The City Attorney stated this would be done for the second reading of the ordinance. Councilman Fitzpatrick indicated it was a pleasure workrng with the Naegle representatives on this ordinance. He felt the Council has adopted an ordinance that was relatively generous wtth the advertistng industry. Ms. Nancy Jorgenson questioned the interpretation of Section 214.033, Subsection B, Item 5 re9ardin9 the disiances from intersections. �.� REGULAR MEETING OF NOVEMBER 7, 1977 PAGE 4 Mr Herr�ck suggested she meet with the staff re9arding this item between now and the second reading of the ordinance and come back with a recommendation to determine the actual effect it has on various locations. He felt the reason for this is a safety precaution so as not to distract persons going through intersections. �PON A ROLL CALL VOTE TAKEN ON THE MAIN MOTION FOR FIRST READING OF THE ORDINANCE, Councilman Hamer m k, Councilwoman Kukowski, Counc�lman Fitzpatrick, and Councilman � Schneider voted in favor. Mayor Nee absiained Mayor Nee declared the motion carried by a four to zero vote. CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 211 OF THE FRIDLEY CITY CO�E ENTITLED PLATTING, SECTION 211.152: RECORDING: Mr. Sobiech stated this ordinance is requested in order to change the period for record�ng a final plat with the County, from 90 days after it is approved, to 180 days. He stated the 90 day period has not been long enough in order to get the necessary legal work done. MOTION by Councilwoman Kukowski to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF PLANNING COMMISSION MEETING MINUTES OF OCTOBER 19, 1977: The Council received the minutes of the Planning Comm�ssion P9eeting of Octob��r 19, 1977 and considered the following items• M& I SUPPLY CDMPANY, 6005 UNIVERSITY AVENUE N E.: Mr, Sobiech, Public Works Director, stated, in September of 1976, a variance was approved for M& I; however, because of objections, a lawsuit was filed and the court is in the process of making a final determiniation. He stated, therefore, an extension is ' requested for the variances MOTION by Councilman Hamern�k to concur with the recommendation of the Appeals Commission and grant an exiension of one year for the variances with the st�pulations that the plan for improvements and landscaping be implemented one year after issuance of the bu�lding permit. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ITAN INVESTMENT FUND, INC., 7300 UNIVERSITY AUENUE N.E. Mr. Sobiech, Public Works Director, stated this is a request from Metropolitan Investment Fund, Inc. to reduce the edge of a curb opening from 75 feet to 25 feet so ihere can be two driveway ope m ngs on 73rd Avenue. Mr. Sobiech stated staff recommended denial of the variance because of the traffic situation He stated, while traffic is presently not at its peak, with development of property to the south, this could create a potential traffic hazard. Mr. Sobiech stated the Appeals Commission did recommend approval of the variance request. He stated the car wash located on the property is closed and felt there is a concern to 9et this matter settled since the former car wash building is no longer an ex�t route. Councilman Hamerntk indicated he had a problem with this request and felt there are probably other ways to handle this matter. Mr. Steve Coddon, owner of the property, appeared before the Council regarding this request. He stated, without the request being granted, there wou7d be a boarded up car wash and he doesn't know what the property could be used for He indicated they have a company interested in a gas station at this location and without the exits, they cannot operate a gas stat�on. Councilman Hamernik stated, in tnspecting the property, someone has put a temporary crossover over the curb. Mr. Coddon stated this was done when the property was operated as one business as a gas station and car wash, and stated there is no way it can be used now. 1 L__J REGULAR MEETING OF NOVEMBER 7, 1977 Mr. Sobiech stated the original building is only good for the automatic car wash. it would also be necessary for a special station '' (t PAGE 5 nermit rndicates the special use �ermit Therefore, if the variance ts approved, use permit for the operation of the gas P1r. Qureshi, City Manager, stated, when the property to the south develops, it �s anticipated th�s would be one of the ma�or intersections. He �ndtcated when the original development was proposed, the requirement was that an additional lane be put in to the north to handle the traffic and that access be only from the service road. Mr. Herrick, City Attorney, indicated Mr. Sobiech's point was well-taken that the special use permit exists for the car wash, and if the appl�cant now wants to establish a gas station, a new permit would be required. Mr. Qureshi suggested the staff work with the owner of the property regard�ng a traffic pattern at this location that may require only one entrance off of 73rd and provide some type of wider access off of T.H. #47. He felt they should have a whole ptcture on what the total use of the property would be and to work with the owner on a more acceptable traff�c pattern. Councilman Hamernik indicated he has a problem with allow�ng the curb cuts �n that area. Mayor Nee �ndicated he shared Councilman Hamernik's concerns and hoped another alternative could be worked out. Mr. Coddin stated he was willing to work with the City in this matter, MOTION by Councilman Namernik to table this item until staff is ready to bring it back before Council. Seconded by Councilwoman Kukowsk�. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unam mously. EQUITY CONSTRUCTION COMPANY, 951 HILLb1IND ROAD N.E. 'Mr. Sobiech, Public Works Director, stated this is a request by Real Estate 10 to increase the maxtmum height allowed on an tdentificat�on stgn on Hillwtnd Road from 6 feet to 20 feet above grade. He stated the Appeals Commiss�on heard the request and recommended the maximum height be increased from 6 feet to 17 feet. He explained this area is surrounded by residential property and this was the basis of the discussion on whether the extra height would be allowed, � Councilman Fitzpatrick pointed out, lahen construction began on this building, it fit well into the resident�al area and felt now an attempt was bein9 made to appeal to the I-694 traffic. Councilman Schne�der indicated he had somewhat of a problem w�th th�s request �n view of the fact the Council has ,7ust constdered a sign ordinance Mr. Qick Walsh, representing Real Estate 10, indicated there was a mistake on the location of the sign, and there is only one location on the property suitable for the sign which would be west of the bui1ding. Mr. Walsh stated the variance is requested from the 6 foot height in order to get the sign above ground. He indicated the purpose is to have an illuminated sign to identify the building and indicated they do not wish to nut up anythin9 that would detract from thts structure. Councilman Schneider indicated his primary concern is surround�ng residential properties. Mr. Walsh �ndicated they would like to get the sign out of the ground to a height acceptable to the Council. Mayor Nee asked Mr. Walsh if he would be willing to work with Councilman Schneider regarding the positioning of the si9n. Mr. Walsh indicated this would be satisfactory with him and he could meet with Councilman Schne�der at any time. MOTION by Councilman Schneider to table this item to the next meeting on November 14, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. l.l �A l � REGULAR MEETING OF NOVEMBER 7, 1977 SPECIAL USE PEfLMIT SP #,77-13, INTER CITY BUILDERS; 699 CHERYL STREET N.E : PAGE 6 Mr. Sobiech, Public 6Jorks Director, stated this is a request by the property owner at 609 Cheryl Street to construct a garage on property that is within the flood plain designation. The Planning Commission recommended approval of the request with the understanding ' that all of the various flood plain requirements would be followed Mr. Sobiech stated correspondence has been received from the Department of Natural Resources indicating they have no problems with this vartance, if the flood plain regulations were followed. MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Plamm �g Commission and approve SP #77-13. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LOT SPLIT L.S #77-12. THURE ERICKSON. 7515 & 7501 ALDEN WAY N.E.: Mr. Sobiech, Public Works Director, stated this is a request for a lot split to split off a parcel of property on Alden Way at 7501 and 7515. He stated the property owner orig�nally owned both lots and at the present time, the existing driveway involves both properties. The intent of the lot split is to attach a certain amount of property and existing driveway to Loi 7 to ensure that the driveway goes with the proper res�dence. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and approve L S. M77-12 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, pointed out that several of h�s neighbors are concerned about ' development of property east of their homes. He stated, to his knowledge, there is no request for development of the property and if there are any requests for develop- ment, they will certainly 6e advised. LOT SPLIT L S �77-13, DaVERNE CORPORATION, 5�68 & 5498 WEST DANUBE ROA�: Mr. Sobiech, Public Ulorks �irector, explained this is a request for a lot split in order for the house on Lot 9 to meet all the setback requirements. MOTION by Councilman Schneider to concur with the una m mous recommendation of the Planning Commission and approve L.S �77-13 Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously� SLIDE PRESENTATIOW - CRIP1E CONTROL PLANNINf BOARD: Ms. Carla Ekdahl of the State Crime Control Planning Board presented a slide presentat�on regard�ng coirmun�ty crime prevention which was the sub,7ect of a study made in Minneapol�s. She stated their Board worked with the City of P�inneapolis to analyze the crime problem and make recommendations on what the City might do to lower the crime rate. She indicated they would be in a position to offer training and techntcal assistance in working with the City staff in implementing a crime prevention program in Fridley, if the Council has an interest. Ms. Ekdahl stated that Ms. Carla Ott, Police Techm cian in Fridley has recommended a committee to study crime in Fridley and she would be happy to work with the City in , pursuing such a program. Mr. James Hill, Public Safety Director, stated the Crime Control Board was requested to make this presentation to the Council so that the City would have the advantage of seeing what they had developed He stated, in law enforcement, they are continually trying to reduce crime and felt the cit�zens should get involved. Mr. Hill stated, through the research of Carla Ott, he is proposing to the Council an "umbrella concept" involving a crime prevention committee composed of citizens, individuals represent�ng the Police Department, members of the Planning Department, and members of the civic and business community, to actually view the various crime problems in the City. y_�l REGULAR MEETING OF NOVEMBER 7, 1977 PAGE 7 Mr. Htll stated a considerable amount of research has been done in the areas of burglary and vandalism and analysis reports were recently submitted to the Council, with the suggestion of a prevention program. He requested the sanction of the Council to proceed along this line to develop this committee to look at these issues. Mr. Hill stated, if the Council feels there is a need for financing, there is a new Federal program out which specificallyaddresses these types of programs. He stated funds are available to "service-type" organizations, but not the City He emphasized the City should not �put any money into it directly, but the ciiizens and organizations should be the impetus of this program. Mr. Qureshi, City Manager, stated the reason for the presentation was to expose the Council to the work the City staff has done in this area. He hoped, if the Council wished to proceed with such a program, the City would merely act as a catalyst in making these programs happen. Mr. Hill stated two memos were prepared and will be submitted to Councll for further review which cover a summary of vandalism and a community crime prevention and an approach for Fridley. Councilwoman Kukowski questioned why there would not be a Council representative on such a committee. Mr. Hill explained this is part of the recommendation and had �ust been overlooked in his comments. Mr. Qureshi thanked the representative of the State Crime Control Planning Board and Mr. Hill for their presentation. RECESS: Recess was called by Mayor Nee at 10:47 p.m. RECONVENED: ,The meeting was CONSIDERATION OF reconvened at 11:02 p.m. by Mayor Nee. All Councilmembers were present. CITY PARTICIPATION IN "WILD IN FRIDLEY" BROCHURE Mr. Qureshi, City Manager, referred to the memo of November 1, 1977 regard�ng this item and stated, other than the opttons gtven in the memo, a different approach could be used by issuing a quarterly newsletter and no calendar. Mayor Nee felt the question of the calendar should be resolved separately. The consensus of the Council was to issue a calendar for the coming year. Councilman Schneider felt possibly the Council could review in June or July whether they wished to issue a calendar for 1979, but felt they should proceed with the 1978 ca1endar. Mayor Nee felt the question before the Council was whether they wished to participate in the "Wild in Fridley" brochure. Mr. Mark Haggerty, President of the Chamber of Commerce, stated they are looking to hopefully make this an annual type brochure to tie together the community at large in business, cultural and educational endeavors and interest in developing Fridley's natural resources. He stated, on that basis, he would ask that the City allocate the funds of approximately $2,80D for participation in the brochure. Mayor Nee stated he felt corrmunity promotion was a valid reason for this expenditure. �Mr. Qureshi, City Manager, stated, in the past, the City has partic�pated with groups in similar endeavors, however, he would feel more comfortable if this had been done by the Chamber of Correnerce. Mr. Herrick, City Attorney, indicated he felt there wasn't any problem as long as the Council felt there was a public good to come from the brochure. MOTION by Councilman Schneider to support the "Wild in Fridley" brochure to the extent of $2,855 for postage and a half page ad with provision that the C�ty's ad escrow agent is Mr. Larry Do6son, as outlined in the Gity Manager's memo dated November 1, 1977. The reason for supporting this is that it is good for the general image of Fridley, promotes economic growth and commerce in the City, and, in general, works towards the goal of a better community identity. Seconded hy Councilwoman Kukowski. fi� �l � "� , r_ F� -, REGULAR MEETING OF NOVEMBER 7, 1977 PAGE 8 MOTION by Councilman Hamern7k to amend the motion that the City reserve the rights to use pictures from the publication and that the administration has the right to review the copy before it goes to press Seconded by Councilman Schneider. Mr. �obson stated he has no problem with the City using the photographs; however, would like to receive some remuneration, if the City was to use these extensively. He felt, if the City went ahead wTth the calendars, that would be the time to discuss the kind � of value placed on the photographs. He stated the potential exists that the City's use mi9ht come in conflict with someone else's and felt the City was asking quite a bit Mr pobson stated he would be fair in discussing this matter, but didn't feel comfortable to make an agreement regard�ng the City using the photos at any time at no additional charge. Councilman Fitzpatrick indicated he had no ob�ection to seekin9 further use of the photos; however, if this did not meet with the approva] of Mr. Dobson, he felt the City is still getting their money's worth from the original proposal. Councilwoman Kukowski felt the r�ght to use the photos could be negotiated in the future, but felt the City would be taking unfair advantage of someone in business in requesting a commitment at this time. Mr. Dobson stated a photographer's photos are his stock and trade and each time they are used, money is made on them. He explained there �s a lot of work that goes into the photos and if they give up the rights to it, it is like giving away part of your income. Mr Qureshi, City Manager, indicated he has difficulty as to why the City is playing the role as the distributing agent. Mayor Nee stated, as he recalled, the Cham6er of Commerce wanted the City to guarantee distribution. Mr. Dobson stated the City does benefit and a large degree of 6enefit ' comes from getting the brochure out to everyone in the City. Therefore, it was felt the City could do the most adequate �ob of distributing. Councilman Hamer m k felt what the City Manager is saying is that the distribution should go out under the direction of the Chamber of Commerce. Mr. Haggerty felt the Board would be reluctant to take on this responsibility at this time As far as Councilman Hamernik's recommendation, he was asking if there might be some other alternatives. Mr. Dobson suggested possibly a six month option on the photos might be satisfactory. He indicated he would not 6e in favor of no time limit for the City to exercise the option. He indicated he would allow the City ihe option to use anything that wasn't sold up until the end of 1978. COUNCILMAN HAMERNIK WITHDREW HIS AMENDMENT TO THE MOTION AND COUNCILMAN SCHNEIDER WITHDREW HIS SECOND. MOTION by Councilman Hamer m k to amend the main motion that the Ctty would retain an option to use any photos that were not sold exclusively somewhere else through this year and the end of 1978, and that the administration has the right to review the copy before it goes to press. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to amend the main motion to leave open the offer unttl ' March 1, 1978. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and P1ayor Nee declared the motion carried unanimously. REG�LAR MEETING OF NOVEMBER 7, 1977 PAGE 9 RECEIVING CHARTER COMMISSION MINUTES OF MAY 24, 1977; JULY 26, 1977; AND SEPTEMBER 20, 1977: MOTION by Councilman Fitzpatrick to receive the m�nutes of the Charter Commission for the meetings of May 24, 1977, July 26, 1977; and September 20, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted una m mously. ,Mr Qureshi stated there are certain instructions in the minu�es for the City Manager to respond to a letter of July 27, 1977 regarding the proposed ethics ordinance. It was generally felt by the Council that these items were taken �nto consideration when the ordinance was discussed and has since been adopted, therefore, no action would be required on the City Manager's part. CONSIDERTION OF MINNESOTA DEPARTMENT OF TRANSPORTATTON BTKEWAY/WALKWAY GRANT APPLICAT P4r. Sobiech, Public Works Director, stated the Minnesota Department of Transportation has some funds for a bikeway program for the metropolitan area. He stated they would be bringing an application for the Gouncil's consideration regarding this grant and the item is submitted at this time for the Council's information. It was, however, the consensus of the Council that the City should proceed with the appl�cation. MOTION 6y Councilwoman Kukowski to receive the information Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DISCUSSION REGARDING ISLANDS OF PEACE GRANT: Mr. Qureshi, City Manager, reviewed the alternatives to be considered by the City to avail themselves of this grant for the Islands of Peace. He explained that (1) a sum of $50,000 is either raised by the Islands of Peace Foundation through private contribution or other governmental grants, and then application submitted to receive the $15D,000 grant; or (2) the City, based on the commitment of the Islands of Peace Foundation, take on the responsibility of sayin9 the City will either commit $50,000 in money or in-kind services, and then depend on the Islands of Peace Foundation and other organizations to come up with the money, or in-kind services, to fulfill the City's commitment. MOTION by Councilwoman Kukowski to approve Alternative 2 as outlined in the memo of November 4, 1977 from the City P�anager. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. APPROVAL OF REVISION TO NORTH SUBURBAN REGIONAL MUTUAL AID ASSOCIATION AGREEMENT TO INCLUDE ROGERS, MINNESOTA: MOTION by Councilman Hamer m k to approve the revision to the agreement and authorize the Mayor and City Manager to sign same. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously MOTION by Councilman Hamernik to adopt Resolution No. 119-1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. VING RESIGNATION OF GRACE LYNCH FROP4 H�MAN RESOURCES COMMISSION MOTION by Councilwoman Kukowski to receive the resignation of Grace Lynch, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��� � �a REGULAR P�iEETING OF NOVEMBER 7, 1977 CLAIMS: PAGE 10 MOTION by Councilman Schne�der to authorize payment of Claims No. 279P06 through 306P14 Seconded by Councilwoman Kukowski. Councilman Hamer m k inqu�red about the expenditure for the satellite facilities. The City Manager indicated he would check on this further. UPON A VOICE VOTE, all voted aye, and Mayor Nee declared the motion carried una m mously. LICENSES• MOTION by Councilwoman Kukowski to approve the licenses as su6mitted and as on file �n the License Clerk's Office. Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. AD�OURNMENT• MOTION by Councilwoman Kukowski to ad,7ourn the meeting. Seconded by Counci7man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 7, 1977 adjourned at 12 17 a.m. Respectfully submitted, �l p / '�. LL26�l.L' �hG�G�p..� Carole Haddad Secretary fio the City Council Approved: _ r�/,�,,,�•/� %a% William J. Nee Mayor I� L� , ,