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08/07/1978 - 00014086� ��'� THE MINUTES OF THE REGULAR MEETING DF THE FRI6LEY CITY COUNCIL OF AUGUST 7, 1978 The Regular Meeting of the Fridley City Council was called to order at 7 32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: � Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. RQLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilman Hamernik, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: PUBLIC HEARING MEETING, JULY 17, 1478: MOTION by Counc�lman Schneider to approve the minutes of July U, 1978 as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. A�OPTION OF AGENDA� MOTION 6y Councilman Barnette to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. � OPEN FORUM, VISITORS: There was no response from the audience under this item of business. NEW BUSINESS: CONSIDERATION OF SETTING PUBLIC HEARING FOR 1979 BUDGET ON SEPTEMBEP, 18, 1978: MOTIO�J by Councilman Hamernik to receive the proposed 1979 budget from the City Manager. Seconded by Councilman Fitzpatrick. Upon a voice voie, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to set the public hearing on the budget for September 18, 1978 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF �ULY 26, 1978: ROBERT NELSON. SP #78-06, 524 RICE CREEK TERRACE• Mr Sobiech, Public Works Director, stated this is a request for a special use permtt to allow a second accessory building at 524 Rice Creek Terrace. The Planntng Commission did hold a public hearing and recommended approval ' of this request with the st�pulations that the garage be located at the southeast corner of the rear lot with access off of 68th Avenue and that all easement and setback requirements be met and that the alignment of the second accessory 6uilding 6e as close as possi6le with the abutting prop- erty owners structure, without caus�ng undue hardship on the petitioner Mr. Sobiech stated, it should be pointed out, there were numerous ob,7ections from surrounding property owners regarding thts request for a second access- ory building. Mr. Nelson, the petit�oner for the special use permit, appeared before the Council and stated he recently purchased the house at 524 Rice Creek Terrace and, although it does have an attached garage, extra storage space 7s needed REGULAR MEETIPJG OF AUGUST 7, 1978 PAGE 2 as he has three automob�les, two motorcycles, bicycles, a snowblower and lawnmower. He stated he would like to keep these items housed �nside and this 7s not possible with his present garage. Councilman Hamernik asked P1r. Nelson if he had given consideration to ex- panding the existing garage. �r. Nelson stated he has, but it is quite close to the lot line, and the garage was built short of the roof line. He also stated there is a large slab in the 6ack which they use as a patio and he felt it would be easier and more economical to put up a second structure. Mr. Richard Larson, 506 Rice Creek Terrace, stated he lived directly across the street from Mr. Nelson and felt construction of the accessory building would detract from other properties and have an effect on the valuation and asthetics of the area. He felt a precedent would be set, if the special use permit is granted, and didn't th�nk it was in keep�ng w�th the neigh- borhood as it presently exists. Mayor Nee asked Mr. Larson if he would feel differently �f the structure was attached to the house, poss7bly on the end toward 68th Avenue. Mr. Larson stated he was not sure how this would fit in with the house so it would be difficult to answer. He stated he would not be pleased with a driveway that would open toward his property. Mrs. Barbara Hughes, 548 Rice Creek Terrace, ind�cated she was concerned about the noise. She also stated she would like any garage opening to be on 68th Avenue and not Rice Creek Terrace. Mr. Sobiech stated, as far as the noise, it is his understanding that the accessory building is mostly for storage, but that Mr. Nelson may do some work on the family car in the building. He stated, �f the noise got to a point where �t was a publtc nuisance, the City would monitor the sttuation. Mrs. Hughes pointed out there are State regulations regarding notse control and they can be enforced. Mayor Nee stated he felt the State regulations �ndicate the noise has to be at a certain level over a period of time and felt the noise Mrs, Hughes was referr�ng to wasn't prohibited by the State. Mr. D. f. Zawislak, 497 Rice Creek Terrace, pointed oUt there already is a double garage on the property and was wondering why Mr. Nelson purchased the house if he needed more storage. Mr. Dan Gourde, 6800 7th Street, indicated his concerns are the same as Mr. Larson`s. He felt 6y allowing this second accessory buiiding, it wouid set a precedent to allow other persons in the City to request a second garage. He felt they would also be destroying property values in the neighborhood and another driveway woultl be added just north of his property. He felt this would be a detriment if he wanted to sell his property. Mrs. Marlene Knight, 513 Rice Creek Terrace, stated when they purchased their house in Dctober, their title stated there were to be no unattached garages in the corrmunity. She stated, therefore, they purchased their home with the understanding that they couldn't put up another garage. Mr. Dowie Bouma, 525 Rice Creek Terrace, stated he has been a real estate broker for 16 years and is well aware of the effect this second accessory building would have on the neighborhood. He stated the homes in this area range from $60-�90,000 and tf you start addtng double garages up and down the street, it would have an adverse effect on each and every property. He indicated he would be in favor of re�ecting the request for the special ' i ' � fi% �_ �e �� REGULAR NJEETING OF AUCaUST 7, 1978 use permit. PAGE 3 Mr. Nelson stated there are other detached garages on Rice Creek Terrace and he personally feels it would be better to have another gara9e than to have items sitting in the driveway. He stated he moved out of his home in Columbia Heights 6ecause he ran out of room and spent time looking for property where he could put up another garage. He stated he talked w�th the realtor and someone at City Hall and was told this was acceptable. � Mr. Nelson stated one of the main reasons for purchasing this home was 6ecause he needed the extra room and felt he could add on. Mr. Nelson stated he didn't come in to the neighborhood to put a blight on anyone, but felt storing items outside are worse than having the accessory building. Mr. Nelson stated he isn't aware of any covenants in h�s abstract of title which would prohibit him from building the accessory building. Mayor Nee questioned the nature of the covenants in Mrs. Knight's title. Mrs.Knight stated, when their attorney examined the title, there was a paragraph that was very specific as to what you could or could not do as far as unattached garages. Councilman Barnette asked if the residents would have the same ob,7ections, if Mr. Nelson merely built a storage building, with no driveway. Mr. Larson stated, speaking on his ov�n behalf, it would depend on the location, size and design of the structure. He stated he would not find it as undesirable particularly if it was a smaller structure and didn't have the driveway and a large garage door. Mrs. Hughes stated she would have no objections to a storage building, as long as tt faces on 68th and there ts no noisy act�vity She ind�cated, however, there are a lot of places to store off-season vehicles other than on your own property. � Mr. Gourde stated he would have no object�ons to a storage shed. He stated this would eliminate the driveway and wouldn't be as large as the accessory building proposed by Mr. Nelson. Councilman Hamernik stated a number of the neighhors expressed a concern about the comment at the Planning Commtssion regarding the burden of proof for denial of the special use permit. Mr. �oug Klint, acting City Attorney, stated the City doesn't have the initial burden of proof as it is on the applicant to show that his request for the special use permit complies with the requirements of the City Code. He stated the petitioner would have to show that the application would not adversely effect the safety and general welfare of the neighborhood. He stated, from this point, the burden is on the Ctty for showing a reason for denying the spectal use permit. Mr. Doug Klint stated the courts have shown that mere aesthetic reasons are not sufficient for denial Councilman Hamernik stated, at this point, the Council has testimony from a person who is a real estate broker regarding property values, although they don't have any offtcial testimony from an appraiser on his evaluation of the situation. He stated there were a number of comments regarding a precedent being set concerning second accessory buildings which he agrees does create some concern in his mind Ne stated he didn`t really feel the City was planned with this in mind, that �s, putting up second accessory � butldings on every lot. He felt this wou1d be a great detraction from the area, if this took place. Councilman Hamernik felt the proper way to approach this would be for an ord�nance change so that there was adequate control. Mayor Nee thought the ordinance is clear that it �s prohibited. Mr. Sobiech, Publis Works Director, stated this is permitted with a special use permit, and prohibited without the special use permtt. � C;rl REGULAR MEETING OF AUGUST 7, 1978 PAGE 4 Councilman Hamernik stated his point tn bringing this up for discussion is that the general public probably has a misinterpretation as to how the ordinance reads, as he felt they interpret tt as being accepta6le, without the special use permit. Mayor stated he generally agrees with Mr. Nelson that it would be favorable to get the vehicles under cover and stored inside, He stated this is why the question was raised of extending the garage in order to o6tain the needed space, Councilman Barnette asked �f the City can really say, 6y adding this accessory ' 6uilding, if it would lower the value of homes around this property. Mro Doug Klint, City Attorney, stated the Council would have to be the final judge and weiigh the gvildence. Councilman Fitzpatrick stated they have been told agsthetics are not sufficient reason for denial, but diminuation of the value would be, yet the diminu- ation depends on the aesthetics. Councilman Hamernik stated, at this point, he is 7n the position to recommend denial, however, if the petitioner feeis, for any reason, he would like action delayed, he would give this consideration. Mr. Nelson indicated he could see no reason for Council to deiay action on the request. MOTION by Counc�lman Hamern7k to deny SP #78-06, as filed by Mr. Robert Nelson, 524 Rice Creek Terrace, on the grounds that the addition of a second auxiliary storage structure, such as proposed, would have a diminutive effect on the area which has been ma�ntained and a precedent would not be set by denying this request. Seconded 6y Councilman Barnette. Councilman Schneider clarified that they are not allowed to consider the aesthetics of the situation, but if the adverse effects diminish property , values, then this can be considered as a reason for denial. Mr. Doug Klint, City Attorney, stated it is a very close legal question and the reason for denial would have to 6e determined by the Council. In this case, he stated, the fact that the Planning Committee recommended approval should 6e given considerable weight. UPON A VOICE VOTE, all voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Barnette praised the Nelsons' motives, and hoped something could be worked out so that they could get things inside a storage area. Mayor fJee stated he also shared Councilman Barnette's feelings and hoped some other alternative could be worked out. Councilman Hamernik stated he was concerned to the degree that he is wondering, in searching the ordinance, Tf perhaps Mr. Nelson wasn't misled. He felt the Planning Commission should review the ordinance for possible clar�fica- tion. MOTION by Councilman Hamernik to recommend that staff bring this ordinance before the Planning Commission for tfieir review and further discussion for poss�ble rewrtting for clar�fication. Seco�r�ded by Councilman Schne�der. ' Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unan�mously. ROD WAARA, EDINA REALTY; L.S. #78-04, 140 CNARLES STREET: Mr. Sobiech, Public Works Director, stated this is a request for a lot split for a parcel of property in the southwest corner of East River Road l � REGULAR MEETING OF AUGUST 7, 1978 PAGE 5 and Charles Street. Ne stated the Planning Commission recommended approval of the lot split with the following stipulations: (1) five foot easements along all sides of Parcels A and B and (2) 2D foot easement along the east portion of Parcel B to be used as bikeway/walkway easement as well as utility and drainage easements. MOTION by Counczlman Fitzpatr�ck to concur w�th the recommendat�on of the Planning Commission and approve L.S. #78-04 with the stipulations of five foot easements along all sides of Parcels A and B and the 20 foot easement � along the east portion of Parcel B to be used as bikeway/walkway easement as well as utility and drainage easements 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MORATORIUM ON LOT DE�ELOPMENT ON LOTS IN INNSBRUCK NORTH 2ND ADDITION Mr. Sobiech, Pu61ic Works Director, stated the Planning Commission discussed development on lots that have been prevtously designated as "wetlands" by the Department of Natural Resources. He stated the Environmenta1 Qua1ity Commission has recommended a moratorium on development of these lots and passed this recommendation on to the Planning Commission, Mr. Sobiech stated he has 6een 7n contact with the Department of Natural Resources and they ind�cated the City should be receiving additional in- formation regarding development of these lots. He felt that perhaps the origtnal Type III wetlands designation was made with the assumption that this development did not have a functioning storm sewer system. He stated, about six months ago, the appropriate data the City has regarding the storm sewer system in the area and how it functions, was forwarded to the De- Partment of Natural Resources and they are in the process of review�ng this material. � Mr. Sobiech stated a building permit has been issued, and appropriate notice given to the D.N.R, for Lot 4 of Block 2. Mr, Sohiech stated, as of now, no building permits have been issued for Lots 5 and 6 of Block 2. Further, the Department of Natural Resources has issued permits on Lots 4, 5, 6, and 7 Block 3, and the City has issued bu�lding permits for all the lots in Block 3. Mayor Nee pointed out that on Lot 4, Block 2, the p,IV.R. hasn't issued a permit and yet the lot is being filled. He questioned if the �.N.R. has been told there is activity on Lot 4. Mr, Sob�ech stated they have been informed. Counctlman Schneider noted on Lots 5 and 6, Block 2, there is illegal filling taking place. Mr. Sobiech stated that was correct and the City has been in contact with those property owners. Councilman Schneider questioned if the filling of those lots creates any add�tional flood potenttal or nutrient problem wtth the run-off. Mr. Sobiech stated the Innsbruck storm sewer took into account the develop- ment of all those properties, and the Rice Creek Watershed �istrict approved the storm sewer system. Councilman Schneider stated the City is apparently at the point where the Department of Natural Resources is saying, in their opin�on, the storm � sewer system is not adequate and in the City's op7m on, it is adequate. He questioned if, in fact, there was flooding in the basements of the homes in that area. Mr. Sobiech stated the City hasn't received any complaints about basement flooding. He stated the �.N.R, has asked for appropriate data reqarding the storm sewer system and the design criteria used and perhaps the City would have additional informatton from them in the next few weeks. Ms. Lee Ann Sporre, member of the Environmental Quality Commission, stated I• REGULAR MEETING OF AUGUST 7, 1978 PAGE 6 she wished to call on Mr. Messerli to speak to the Council as he is a resident in th7s area. Mr. A1 Messerli, 5505 W. Danube Road, stated he lives ad�acent to the two wetlands in question. He stated he thinks the Council �s aware of the history of this area and how the assessments were put on to the lots in the area. He stated the exp7anation they had was there was some question if some of these lots would be buildable. Mr. f�esserii stated, last year, the D.N.R, did state that the iots were � Type III wetlands and public waters. He stated it was pointed out the D.N.R, did not know abaut the storm sewers and bel�eves this is in error as the D.N.R. made a study of the storm sewers. Mr. Messerli stated the most recent thing that brought up this �ssue agatn is that there is extensive fill�ng going on at these lots. He stated truckloads of bad fill mater�al was being dumped, without build�ng permits. Mr. Messerli referred to an art�cle in the paper which stated that Minnesota was losing Federal funds because their method of retain�ng wetlands was not up to date. He stated this was of concern to him. He felt the D.N.R. was not taking the action they should to protect the wetlands, and felt there are some lots that are worth preserving. He thought perhaps the R�ce Creek Watershed ��strict may even have some second thoughts and in- dicated he would not l�ke something to happen again like is happening to Moore Lake. Councilman Schneider stated he shared Mr. Messerli's concern �n the area. He pointed out the State has legal authority that should 6e enforced at the State level. He stated he has some questtons of the legality of imposing a one year moratorium on development in that area, or for that matter, any other area. He fe7t, at this point, he would like to see the addit�onal information from the �epartment of Natural Resources and would like the City Attorney to rev�ew the model ordinances and legal�ty of pro- ' posing a moratorium on construction, He thought perhaps the City could hold off issuance of any bu�lding permits for two weeks until a report is rece�ved. Counc�lman Schneider felt, however, the dumping of fill should be stopped as he felt it was in violation of existing City and State ordinances. Mr. Messerli stated this fill was being done daily for the last several months. He stated the sand casting was bulldozed and buried and they are now hauling dirt on top of that. He pointed out those lots that were being filled don't have building permits and stated Lots 4 and 5, Block 2, were being filled today. Mr, Sobiech indicated that Lot 4 had a building permit and the property owner had been contacted about not discontinuing f�lling on Lot 5. Councilman Barnette asked when Mr. Harstad purchased the lots if they were designated as 6uildable lots. Mr. Sobiech stated, if he wanted to go through the expense of so�l prepar- at7on, they would be buildable lots. Ms. Sporre pointed out that judges have ruled over and over that if you buy wetlands, you don't have the right to build on it. She stated the State recogm zes that wetiands are protected by State law. She stated ' what the Commission was getting at was an in�unction to halt the filling of these lots. She felt the City should ask for an in�unction against the �.N.R. under the Minnesota Statutes. Councilman Schneider stated Minnesota Statute 105 al7ows the appeal process, however, you would get into a situation where one public body is suin9 another public body and no matter who wins, the taxpayer loses. Mayor Nee stated, if it was as clear as Ms. Sporre suggests, he thinks the -i t : REGULAR MEETING �F AUGUST 7, 1978 PAGE 7 Council would have proceeded. He stated the City Attorney advised that the City didn't have the legal foundation �n the matter. Ms. 5porre stated they asked for an environmental impact statement and at that time, the City Attorney doubted if it was legal. She stated they found it was a very legal process and used effectively by the residents. In this case, the cttizens are acknowledging the same role for the Inns6ruck area and asking that they not have to go against their local government to protect what the State law provides. She stated if it is necessary to � have a class action against the D.N.R., there seems to be sufficient ev�dence. Councilman Schneider stated this is private land and somewhere along the line the person who owns it has to be compensated. Ms. Sporre stated the State law recognizes those wetlands as having over- riding public purpoge. Mayor Nee stated if a special assessment district was set up that involved the immediate area, which is probably about 13 houses, it is poss�ble that the district could buy the land and restore it for possibly a modest cost. He stated, however, what is needed is a petition from over 50/ of the affected area. He stated an estimate could then be made on what tt might cost to restore tt and what property owners would be assessed. Mr. Messerli felt this was a possibility, but was concerned about what would be a reasonable assessment. Mr. Messerli pointed out that individuals are encouraged to bring suit where the D.N.R. is not enforcing the law and another point is that the State has available to �t several million dollars in Federal aid for two programs; one, for the purchase of wetlands and secondly, to pay owners to preserve the wetlands. He felt if the assessment approach would 6e the most reasona6le, in terms of money, it would be worth pursuing. � Mayor Nee pointed out, if the City gets into litigation, there is a lot of evidence to suggest that these lots were intended to be 6uilding sites. He stated there isn't any question that the City has the power to condemn property and make it a natural site and they could get an estimate on the cost. Mr. Messerli stated he would be interested �n this approach, if the City feels it is the only approach to take. MOTIDN by Councilman Schnetder to dtrect staff to take whatever act�on is necessary to immediately stop the dumping or fill�ng on all lots, without building permits. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr7ed unanimously. MOTION by Councilman Schneider to not issue any permits for two weeks unti7 staff has t�me to work up a proposal on the costs for retaining the vacant area. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTIDN by Councilman Schneider to refer to the City Attorney a copy of the Environmental Protection Model Ordinances for use by local governments and request hts opinion on the constttuttonality. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � Mr. Jim Langenfeld, Chairman of the Environmental Quality Commission, thanked the Council members for their action. He stated the basic idea they are trying to get across is to make sure the areas being developed are proper7y reviewed. He explained that was the intention of the request for the moratorium on deve7opment. He stated he would appreciate the Council's making a decision on the Interium Development Control Ordinance He felt there were problems somewhere and someone wasn`t doin9 their �ob and indicated he would like action taken against the D.N.R. Councilman Schneider stated he shares Mr. Langenfeld's concerns as one of the things that first got him interested in City government was a similar ._ � REGULAR MEETING OF AUGUST 7, 1978 PAGE 8 s�tuation in h�s neighborhood. He stated, however, he feels a respon- sibility in guarding the taxpayer's dollar and when another government agency is involved, he feels it is wasteful to overstep the bounds of that agency. He stated the �.N.R. is saying not to issue a perm�t, and they don't want to risk 1ltigation, but wants the City to take action. He stated he hopes it doesn't appear he isn't concerned about the en- vironment. Mr. Langenfeld asked if there wasn't an ordinance indicating what type of fill had to be used. Mr. Sobiech stated they will review the material being used for fill. Mr. Sobiech also questioned if the Council's motion on costs for restoring the area included 6oth Blocks 2 and 3 It was the consensus of the Council that staff should look at the total package. MOTION by Councilman Fitzpatr�ck to receive the m�nutes of the Planning Commission Meeting of July 26, 1978. Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REQUEST FOR USE OF LOCKE PARK Pastor Poorman of the Woodcrest Baptist Church appeared before the Council regarding their request for use of LocKe Park soccer field. He requested the Council not honor the recommendation of the Park and Recreation Commission who recommended den�al of the request. Pastor Poorman explained the use of this field is vital to their athletic program. Mayor Nee felt the concern of the Commission was the church/state confl�ct He felt possibly a rental agreement would solve this problem. Pastor Poorman �ndicated they would be willin9 to meet this demand. Councilman Hamernik asked when their season would begin and when they would need the f�eld, Pastor Poorman stated they would need the field by August 21, 1978. He also pointed out they would like to use the field for physical education classes. Counc�lman Hamernik po�nted out the amount of ttme and hours they are requesting would pe �n conflict with some of the programs planned by the City. He stated his concern was with the hours of 3 to 5 p.m. and 3 to 6 p.m., when the youth would 6e out of school and possibly utiliztng the park area at that time. He stated, therefore, he was somewhat reluctant to enter into a lease agreement with the hours requested. Pastor Poorman stated, if the fieid was needed, they would use it only for home games and practices. but to eliminate the use entirely he feels would hurt their schedule, Mr. Qureshi, City Manager, suggested getting back to the Council in a few weeks and felt �f it �s a mutually benefi cial arrangemerrt, they would try to work something out. MOTION by Councilman Harr�rnik to table this time in order to give staff an opportunity to work out an agreement with Woodcrest Baptist Church and bring the item back to Council at the earliest possible time, but no later than two weeks. Seconded by Counc�]man F�tzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unan�mously. ' �J ' � �� � � ti/ i� REGULAR MEETING OF AUGUST 7, 1978 IDERATION OF A REQUEST TO SERVE 3.2 BEER AT NEIGHE PAGE 9 The Council received a request from Mrs. Rachel Nee, volunteer for the Logan Park Annual Picnic Committee, requesting use of Logan Park for a neighborhood party on Sunday, August 20, 1978 between 3 and 10 p.m. or, in the event of rain, permission to hold the picnic on August 21, 1978 from 5 to 8 p.m. Permission was also requested to serve 3.2 beer and for some extra tables. � MOTION by Councilman Fitzpatrick to approve this request for use of Logan Park on August 2a, 1978 6etween 3 and 10 p m. or, in the event of rain, on August 21, 1978 from 5 to 10 p.m, and grant permission to serve 3.2 beer and for the Park Department to comply with the request for extra tables. Seconded by Councilman Barnette Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RATION OF A PROPOSAL FOR A COLLECTION CENTER AND RECYCLABLES: Mr. Sobiech, Public Works Director, stated a proposed agreement is 6efore the Council for consideration regarding a recycling center. He stated, since Ms. Metcalf is on vacation, Ms. Steinmetz is present to answer any questions the Council may have. Mr. Sobtech pointed out the Project Committee hasn't had Che opportunity to review this proposed agreement and if desired by the Council, staff would continue to work with them on this matter. MOTION 6y Councilman Fitzpatrick to concur with the agreement and direct staff to continue working w�th the Recycling Committee. Seconded by Councilman Schneider. Mr. Brunsell, City Clerk, stated the non-profit organization who wtll be � overseeing the recycling operation can be named as an additional insured on the City's policy at a cost of about $5D per year. He stated, however, tf they were to take out their own insurance, the cost would be about $500 per year. Councilman Schneider stated his feeling would be to add them to the City's policy for the $50 per year and have this amount repaid to the City, as opposed to them paying $500 for insurance. He stated he would propose, therefore, that the a9reement be reworded to cover this. UPON A UOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee de- clared the motion carried unanimously. RESOLUTION N0. 71-1978 AUTHORIZING AND DIRECTING THE SPLITTING OF S i MOTION by Councilman Schne�der to adopt Resolution No. 71-1978. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTIOIV by Councilman Fitzpatrick to approve the licenses as submitted and as on file tn the License Clerk's Office. Seconded by Councilman Schneider. � Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES - MICHAEL SERVETUS UNITARIAN SOCIETY: MOTION 6V Councilmar Fitzpatrick to approve the licenses as requested by the f4ichael Servetus Unitarian Society and waive the fees. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. _ ��•d REGULAR MEETING OF AUGUST 7, 1978 CL.4IMS: PAGE 10 MOTION by Counc�lman Schneider to authorize payment of Claims No. 193G21 through 214997. Seconded by Councilman Hamerntk. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. ESTIF1ATES: MOTION by Councilman Schne�der to approve the est�mates as submitted below. League of Mtnnesota Cities 300 Hanover Building 480 Cedar Street St, Paul, Minnesota 55101 Membership dues in the League of Minnesota Cities for year beginn�ng September 1, 1978 $5,039.00 Seconded b�� Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIM - MR. BOB CALDERDN, JR, - 6401 CENTRAL AVENUE N.E.: Mr, So6iech, Public Works Director, stated Mr. Calderon was in attendance earlrer in the meeting and had to leave, but has submitted a claim for damages to his lawn estimated at $804. The Council felt th�s should 6e processed through normal procedures for handling claims. ADJOURNMEiVT: MOTION by Councilman Hamernik to ad�ourn the meeting. Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of August 7, 1978 ad,7ourned at 9:46 p.m. Respectfully submiited, / f 7 �////. ��/� p�7 /,, , I A � (�('iCLdnF,�. �' -� � i{�i��..—�-C� ��r-r-�- l/ Carole Haddad William J. Nee Secy. to the City Council Mayor Approved: September 11, 1978 , , ,