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09/24/1979 - 00013710TNE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 24, 1979 The Regular Meeting of the Fridley City Council was called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGTANCE Mayor Nee led the Council and audience tn the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette MEMaERS ABSENT: None APPROVAL OF PIINUTES: REGULAR MEETING, SEPTEMBER 10. 1979: MOTION by Counc�lman Fitzpatrick to approve the minutes of September 10, 1979 as presented. Seconded by Councilwoman Moses. Upon a voice vate, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Councilman Schneider requested an item be added under the f�rst item of "New Business" as follows: "Discussion of Problems With Restoration of 1_andscaping Due to Ca61e Television Installation". MOTION by Councilman Barnette to adopt the agenda w�th the above addi- tion. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. OPEN FORUM, VISITORS. Mr. �uane Prairie, 489 Rice Creek Terrace, reported on his trip to Fridley's Sister City, Fourm�es, France. hlr. Prairie stated that he and his wife stayed with a couple they had hosted, when persons from Fourmies visited in Fridley. He stated that everyone was very hospitable and they had a great trip. Mr. Prairie stated it was memttoned that Fourmtes had a much larger dele9ation visiting in Fr�dley than the number of persons that went back to Fourmies from Fridley. He stated they visited the Medtro m c plant and were escorted around town, and had a reception in their City Hall. Mayor Nee thanked Mr. Prairie for talking to the Council about the trip and tndicated he felt this was a very good program. PUBLIC HEARINGS: ) SEWER MAINS LATERALS MOTION by Councilman Fitzpatrick to waive reading of the public hearing notice and open the public hearing Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the publtc hearing opened at 7:40 p.m. Mr. Brunsell, C�ty Clerk, stated all of the 12 properties tnvolved have been notified of the proposed assessment. He explained the assessment is for properties that haven't paid a lateral assessment. � , , REGULAR MEETING OF SEPTEMBER 24, 1979 PAGE 2 Councilman Schneider questioned how propert�es in New Brighton, which are connected to the Fridley facilities, pay for the water. Mr. Brunsell stated they are billed by Fridley for the servtce. Ms. Vagovich questioned the assessment for Lot 30, Block 8, Hamilton's Adi�tion to Mechanicsville. She stated at the time sewer and water was put in 20 years ago, she was told there were too hook-ups and pa�d for both of them. Mrs. Vagovich stated the road was vacated and her son is � 6uilding two homes on the property and had to go across the street in order to get sewer and water and yet she was told there were two hook-ups. Mr. Brunsell, City Clerk, stated the assessment would be on the half of street that is vacated. He explained that, originally, there was a charge on the property for two services and a charge for front footage and what ts being assessed now is for the additional front footage charge for the vacated street. Mr. Brunsell stated he understands there will be two building sites on the three lots plus the vacated street. He stated, if they had to go across the street to connect to factlities that weren't available, they would get credit for the additional expense. Mr. Qureshi, City Manager, stated Mrs. Vagovich is being assessed for the add�tional 30 feet, because of the vacated roadway, it is now a buildable site. Councilman Schneider felt the question is whether or not Mrs. Vagovich has two stubs which she stated she paid for 20 years ago Mr. Brunsell stated she should have two stubs and if she had extra expenses 6ecause the two were not there, he requested that Mrs. Vagovich bring in a receipt from the plumber who did the work and she would be given credit. , No other persons �n the audience spoke regarding thls assessment. MOTION by Counc�lwoman Moses to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee de- clared the public hearing closed at 7:55 p.m PUBLIC NEARING ON ASSESSMENT ROLL FOR TREATMENT AND REMOUAL OF TREES (1979): MOTION by Councilman Schnetder to waive the reading of the public hear�ng notice and open the public hearing. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7.55 p.m. Mr. Brunsell, City Clerk, stated thrAe properties are involved in this assessment for treatment and removal of trees He expla�ned these property owners had an opportunity to pay the charge to the City, prior to it be- ing certified to the County for payment Councilman 5chneider stated in the final assessment roll, the westerly 14 2 feet of Lot l, Block 1, van Cleaves Addttion shows three names listed which are Erickson, Van C7eave and Majeski. He stated tt is his understanding that Mr. Erickson and Mr. Ma�eski don't own the westerly 14.2 feet and wanted to make sure when this assessment is attached, it wouldn't go to the Erickson or Ma�eski property. ' Mr. Brunsell stated the City's records do not show that this westerly 14.2 feet has been split off, however, the County does show it as being split. He explatned a lot split has been �m tiated so that both City and County records will coincide. Mr. Herrick, City Attorney, felt the assessment could be sent to the County as their records indtcate a lot split. REGULAR MEETING OF SEPTEMBER 24, 1979 PAGE 3 No persons in the audience spoke regarding this assessment. MOTION by Councilman Barnette to close the public hearing. Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the public hearing closed at 8:00 p.m. OL� BUSINESS: AMENDING THE CABLE Mr. Eddy, representing the Cable Television Company, stated they have reviewed the proposed amendments and are agreeable to them, however, he requested that under Section 405.06, Audit, that the financial state- ment be prepared by the Treasurer of the Company, rather than a Certified Public Accountant. Mr.`Eddy also requested that the Counci7 cons�dered two amendments proposed by Northern Cablevision, Inc. These proposed amendments would be under Section 405.222 and Section 405.211 regarding copyright fees and installation costs. He felt the company should be able to collect the copyright fee from its subscribers and, currently, the installation fee is $7.50 and at this rate, they cannot recover their time and costs. He stated they would like to charge a fair and reasonable fee in order to cover their costs. Mr Eddy requested the Counc�l consider their two proposed amendments and stated he would be happy to discuss the amendments further with them. Councilman Fitzpatrick stated the Council had requested that the matter of copyright fees be discussed with the Cable Television Commission. Mr. Eddy stated they �ntend to discuss this with the Commisston also. , Mayor Nee stated he recalled that some members of the Cable Telev�sion , Commiss�on thought the proposal regarding copyright fees was reasonable and other members did not. He stated the question of the installation fees has never been proposed to the Commission. Mr. Eddy stated they will bring up these proposed amendments with the Cable Televis�on Commiss�on in hopes to provide some feedback from them. He felt the amendments were �ust and hoped the Counci1 would consider them. P1r. Ed Kaspszak, Chairman of the Cable Television Commission, stated he had a question on the Treasurer of the Company presenting the financial report as opposed to a Certified Public Accountant. He felt the CPA report is always a certified report and asked if the Treasurer's report would be certifi ed. Mr. Herrick, City Attorney, stated the report could be certified, how- ever, it wouldn't be tndependent and felt this was a matter of policy He felt often times company financial reports aren't certified or in- dependent and presumed the City could require the Treasurer to subm�t a statement, under oath, that to the best of his knowledge, the report is true and correct. He felt it got down to a matter of trust and if the City has confidence tn the party they are doing business with. He pointed out a lot of times a CPA's statement is so qualified, because they state they are relying on information gtven them by the company, , and when you get that kind of a qualified cert�fication, he didn't know if it would be as meaningful as getting it from an officer of the company. Mr. Herrick stated he didn`t see any problem from a legal point, but felt it was a policy of the Council Mayor Nee felt the City would have a choice to request a report from a CPA, if they questioned the report. � � , REGULAR MEETING OF SEPTEM6ER 24, 1979 PAGE 4 Mr. Eddy stated they would be more than willing to take the necessary steps to make sure the report is verified. Mr. Kaspszak stated the Commission did discuss the copyright fee, how- ever, they d�dn't feel compelled to address the question until such t�me as the franchise was renewed and it was determined how many sub- scribers there were. He felt there was no firm feeling one way or another regarding the copyr�ght fee. Mr. Kaspszak stated he felt the installation rates could be dealt wtth at the time of renewal. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first read�ng, w�th the amendment under Section 4�5.06, Audit, to insert the words "or Corporate Treasurer" on l�ne 3. Second- ed by Councilwoman Moses Mr. Qureshi, Ctty Manager, questioned if the Council w�shed to use their definition of "gross revenue" or substitute the M�nneapolis word�n9. It was agreed to leave the definition of "gross revenue" as originally submitted and not use the Minneapolis definition. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ING CHAPTER 11. SECTION 11.10 OF FRIDLEY CITY MOTION by Councilman Schneider to wa�ve the second reading of Ordinance No. 700 and adopt it on the second reading and publish. Seconded by Councilman Barnette. �pon a vo�ce vote, all voting aye, Mayor Nee de- clared the motion carried una m mously. NEW BUSINESS: DISCUSSION OF PROBLEMS WITH RESTORATION OF LANDSCAPING DUE TO CABLE TELEVISION INSTALLATION Councilman Schneider stated the cable televiston company is installing underground cables in the Innsbruck area and apparently the sub-contractor is dotng less than an adequate �ob of restoration as people have pretty s�gnificant landscaping problems, and several cracked driveways. Mr. Eddy, representing the cable television company, stated, after M s discussions with Counc�lman Schneider, the point was brought up that probably the people weren't well informed and, therefore, when they cannot personally contact the property owner, they are given a letter that spells out the responsib�lity of the cable company, the contractor and the home owner. Mr Eddy stated he realizes there are quite a few disgruntled people and felt they had been wronged. He stated the cracked driveways wtll have to be taken care of and that �s why the contractor has insurance. He stated he asked the contractor to walk the easement and take care of th�ngs that have to be restored 6ut the driveways will probably take u little longer. He stated they have assured the property owners that the contractor will take care of these pro6lems this week. Mr. Eddy stated what the contractor is do�ng in the area is normal construction work. Councilman Schnetder felt it is not normal to have large holes in the sod, cracked driveways, knocked out street lights and phone cables cut. Mr. Eddy stated that the phone company will not locate service drops as they prefer to come back to the site and repatr �t, if it gets cut r � REGULAR MEETING OF SEPTEMBER 24, 1979 PAGE 5 Mr. Eddy felt it was regretful that these things happened but assured the Council the problems would be taken care of. Councilman Schneider asked, in the event that the problem still exists next week, if the City had any power to enforce restoration or suspend future construction work until restoration is completed Mr. Herrick, C�ty Attorney, stated he would have to check on the provis�ons of the cable ordinance. Mr Qureshi, City Manager, stated the permit was issued with these stipul- ations and would assume, if the company accepted the permit, it would be b�nding and valid. Mr. Jim D�iels, Storer Regional Manager, stated there are going to be instances where, regardless of what is being done, the people won't be satisfied. He stated, if there is something that can't be settled, then it will have to go to the �nsurance company. He explained the size of the cable they are installing cannot be put in without dis- turbing things and when you go through someone's yard, they are going to be upset. Mr. Daniels stated he felt if they followed the instruct�ons and watered, they would hardly know they installed the cable. Councilman Schneider stated he felt the holes shouldn't be in the sod and in other instances, there is no sod. He stated he wanted to make his position clear to them and that they cannot raise havoc with people's yards, without bearing the responsibility. Mr. Eddy suggested he and Councilman Schneider walk the easement so that spectfi c problems can be pointed out and taken care of in order to clear up the problems. CONSIDE E ADOPTING THE BUDGET FOR MOTION by Councilman Barnette to waive the reading and approve the ordi- nance upon first read�ng. Seconded by Counc�lwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF STATUS OF ASHTON AVENUE� Mr. Jim Langenfeld, 79 63z Way, stated over 95% of the people present this eve m ng have expressed concern and the�r overwhelming disfavor with the condition of Ashton Avenue. Mr. Langfeld submitted a copy of a letter which was subm�tted by area residents to the real estate representative for Burlington Northern Railroad asking why the railroad did not let the City complete con- struction of Ashton Avenue. He stated the response received from Burlington Northern was that the benef�ts of the pro�ect to the rail- road were negligible, although they were will�ng to consider sale of the land to the City, based on fair market value. Mr. Langenfeld stated Ashton Avenue is definitely not in the best interests of the citizens as far as the health, welfare and general safety and asked that something be done to rectify this situation. Mr Qureshi, City Manager, stated this pro�ect is still in the process and it is the City's intention to get authorization to condemn the property, if negot�ations with Burl�ngton Northern are unsuccessful, and Council feels it is an appropriate action. He stated, if that action is taken, it is the intent to widen the road. � � , r REGULAR MEETING OF SEPTEMBER 24, 1979 PAGE 6 Mr. Quresh� stated there would be an assessment public hearing on this pro,7ect next year and at that time, the answers to questions on who is paying for the pro�ect and how much will be shared with the property owners. Mr. Langenfeld brought out the point that the road was in use for over 20 years and questioned adverse possession of right-of-way. � Mr. Herrtck, City Attorney, explained there is a rule that says that �f there is a street that has been operated and publicly maintained for six years, it becomes a public right-of-way. He stated he was not familiar enough with this road to give a specifi c opinion and would have to review old plats and some of the historical records to see what the situation has been. Mr. Doyle, 25 63rd Way, stated he has lived in this area 25 years and the City has ma�ntained the road and didn't bel�eve there is any question that �i is a roadway. Mrs. Peter Hendrtcks, 20 632 Avenue, stated the City does grade the road. She votced concern that the children are betng left off the school bus on East River Road and asked if they couldn't be left off on Ashton Avenue. Mr. Qureshi, City Manager, stated the road was left as a two-way street and the City received a number of calls that �t was too narrow How- ever, if it is the concensus of the neighborhood that they want a two- way street, even though it is narrow, the one-way signs could be taken down. Mrs. Susan Lowe, 39 63z Avenue, stated �f she is paying for a road, she wants access both ways and didn't like pulling out on East River Road � Mr. Peter Hendricks, 20 63z Avenue, asked if they make Ashton a two- way street, �f a speed trap or "bump" could be put �n the road. Mr. Qureshi, C�ty Manager, indicated that the code states that streets are to be traveled on and �f they create a hazard and someone �s hurt, the City is liable. He stated, however, speed limit signs could be installed. Mayor Nee questioned if there were people present in the audience who were opposed to making Ashton a two-way street. There was no response from the audtence. Mayor Nee questioned who was �n favor of Ashton as a two-way street and all persons present indicated they were in favor of this proposal. Mr. Quresht, City Manager, stated if it is the destre of the ma,7ority of the people to make Ashton a two-way street, grade some of the d�rt, and take down the one-way signs, this could be done. Councilman Barnette suggested that someone from the staff notify the School District that Ashton is going to be a two way street so they can notify the bus company. He felt thts has been a concern also of the school administration, as they didn't like the idea of leaving children off on East River Road. ,DISCUSSION - IMPROVEMENT OF EAST RI11ER ROAD _ Mr. Jim Langenfeld, 79 63'� Way, appeared before the Council to o6tain their support agatnst the improvement of East River Road. He also re- quested a noise study for their area. REGULAR MEETING OF SEPTEMBER 24, 1979 PAGE 7 Mr. Ray Humann, 40 62z Way, stated, in the �mprovement, they were talk- tng about putting in d�viders and felt th�s was not appropriate for what the County is implementing for East River Road. He felt the County is telling them they are going to make the road safe, but they wouid not be making ii safe for the residents in the area. Mr. Langfeld stated, if East R�ver Road is widened or the speed limit �s increased, the noise level would also �ncrease and felt this problem should be addressed. He stated the MPCA conducted a noise study on � November 1 and this study shows that the noise pollution does exceed State standards. A lady �n the audience stated she knows this is a County road, but that the Council has the ability to stand up for the residents and if it is improved, it makes it harder for them to live there. Councilman Barnette asked if anyone in the audience was in favor of widen�ng East River Road. There was no response. MOTION by Councilman Barnette that the C�ty Council of Fridley go on record as supporting the neighborhood wishes, as apparent at the Council Meetin9 of September 24, 1979, and oppose the wide m ng of East River Road by Anoka County from approximately 61st Way N.E. to 642 Way N.E. and that a noise pollution read�ng be taken by the Anoka County High- way Department on this stretch of roadway on East River Road and that Council support such a study. Seconded by Councilman Fitzpatrick. Councilman Fitzpatrick stated he sees more people here this evening than were present at the December, 1978 meeting and trust that they do represent a ma�ority of the residents in the area. Mr. Qureshi, City Manager, stated the concern has been about safety of pedestrians and bicycl�sts on East River Road. He stated, with the shoulder areas, it would still be four lanes, but areas would be pro- , vided for turns to make it safer for the restdents using East River Road. He stated thts roadway is one of the most dangerous in Fridley and is patroled more than any other. He pointed out that additional stop lights have been added to control traffic, but they can only accompl7sh so much. Mrs. Mary Mart�n, 133 Stonybrook Way, felt the motion on the floor should include East River Road from I-694 all the way to the north limits of Fridley. Councilman Barnette stated he felt comfortable with the motion in covering only th�s area at this particular time. Councilwoman Moses stated she can sympathize with the residents, but didn't think that not widen�ng East R�ver Road would be a de- cision they would be happy with in the future. She felt they have to do what is best for all the residents of Fridley and the people who use the road and the idea of widen�ng it �s to be able to con- trol the traffic and provide �urn lanes. She felt they had to look at the total picture and try to make it as safe as possible. Mr. Langenfeld stated he felt it would help if the Council lets the County know they really don't want the road improved, He stated he appreciated their posttion on the safety aspect, but it is a diffi- cult pro6lem to solve. � Councilman Schne�der stated if he didn't have the concern for everyone's weifare, there is no doubt he wouid oppose the pro�ect, but he has a great concern about the safety of human lives. REGULAR MEETING OF SEPTEMBER 24, 1979 PAGE 8 Mr. Jim Wronsk�, 189 Rlversedge Way N.E., felt everyone's concern �s safety and the d�sagreement �s how to achieve �t. He stated he gets the �mpression that the Council thinks the only way to acheive safety is wtden�ng the road. He pointed out that a request may have been made to deerease the sQeed limit, but didn't th�nk they were push�ng �t He stated he would like to see a lower speed limit and more stop signs as he felt the less destrable you make the road, theless people will use it. , Mayor Nee stated he has struggled with th�s for years, has tried to get the speed lowered by numerous C�ty acttons and resolutions, and has tried to work it out in every other way. He stated a heavy dispro- portionate amount of police time was given to patrol East River Road. He felt they tiad to look at the choices He indicated he has favored and continues to favor putting it back to a two-lane road, but it is realistic to know that wouldn't happen so you have to look at what is the least undesirable of the situattons. � , Mayor Nee felt �he situation was not gotng to get better and the City cannot saturate the road with patrolmen He felt the last two deaths would not have occured had there been medians UPON A ROLL CALL UOTE TAKEN ON THE MOTION, Counc�lma�n 6arnette and Councilman Fitzpatrick voted in favor of the motion. Mayor Nee, Council- man Schneider and Councilwoman Moses voted against the motion. Mayor Nee declared the motion fa�led. MOTION by Councilman Barnette to encourage the Anoka County Highway Department to conduct a noise pollut�on reading on the stretch of road- way on East River Road from 61st Way to 64%z Way N.E. and that the City Council supports such a study. Seconded by Councilman Fttzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mo�ion carr�ed unanimously. RECEIVING THE PLANNING COMMISSION MINUTES OF SEPTEMBER 12, 1979: �ERATION OF A REO�EST FOR A SPECIAL USE PERMIT. SP. �79-11 ESTATE, 7751 EAST RIUER ROAD: MOTION by Counctlman F�tzpatrick to concur with the recommendat�on of the Plamm �g Commission and deny SP �79-11 for the reasons stat�i, as follows (1) Trafftc safety due to increased traffic because of gas pump patronage, (2) Incompatibiltty w�th the ne�ghborhood, (3) Safety problems w�th the gas trucks del�very of gas, and (4) Need for additional gas service in area was not proven. Seconded hy Counc�lman Schneider. Mr. Stephen Hort, representing �im Miller Construction, appeared before the Counctl regard�ng th�s request for a special use perm�t He requested the item be tabled to the next meeting, as the representat�ve from Tom Thumb was not present this evening, and he had facts and f�gures regardtng their operation. He said the information the Tom Thumb representative would have for the Council would indicate that the basic users of the gas pumps would also be the ones thatsto�ped to use the store facilities Mr. Hort stated he ts requesting the item be tabled so that Tom Thumb representatives can g�ve the Council accurate facts before a decision is made. Mr. Herr�ck, City Attorney, felt th�s was a reasonable request by Mr. Hort. Councilman Fitzpatrick stated he felt they were able to assess what is compatible with the neighborhood, but had no ob�ect�on to consider this item at a later time Councilwoman Moeses felt, in her m�nd, the operatton would generate addi- tional trafftc. Mrs. Mary Martin, 133 Stonybrook Way, stated the Tom Thumb representative was notif�ed of tM s meet�ng before the Counc�l and apparently they saw fit not to notify anyone that they wouldn"t be in attendance. She didn"t REGULAR MEETING OF SEPTEMBER 24, 1979 PAGE 9 think the citizens should be put off when they haven't made the effort to contact anyone to let them know they wouldn't be at the meeting. She stated �ust because there weren't many peopie present to voice their ob�ect�ons, they shouldn't take thts as meaning they were in favor. She stated it has dragged on and people were getting weary of atiending all the meet�ngs. Mr. Herrick stated, on special use permits, there is some burden on the Council to show reasons why they should be denied. He stated excerpts were sent to the Council of a Minnesota Supreme Court ruling that overturned a Council's decis�on on the theory that the Council had not been consistent in the community. He stated he is nervous about denying a permit where the applicant is not present to state his case, even though that applicant knew about the meeting. He stated the people present here this eventng, who o6�ect to the special use permit, could be heard and their statements made a part of the record Mn, John Dunphy, 155 Storlybrook Way, stated it was his observation that Tom Thumb was interested �n the property as a spec�al feature, if the special use permit was allowed. He understood that 40-50% of the revenue that was taken in would be in gas sales. He mentioned that the location would have a 25 foot entryway which is close to Stonybrook. He stated the neighborhood is almost totally opposed to this business at this location. He felt there was a traffi c hazard involved with the vehicles and children crossing the road, and a question of whether it is a needed service in the area. MOTION by Councilman Barnette to table this item to the next meeting. Seconded 6y Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the m�tinn carried �ra m mously. T RIVER ROAD COMMITTEE Mary Martin, 133 Stoneybrook Way, brought up the possibility of an East River Road Commtttee. She stated there used to be such a Committee which is now defunct and felt such a committee would do a lot of good, if �ust keeping the people informed. She didn't feel the action the Council took regarding East River Road was the only way and felt there had to be other alternatives. Mayor Nee indicated he could see no ob�ections w�th such a committee. RECESS. A recess was called at 11:05 P.M, by Mayor Nee. RECONVENE�: Mayor Nee reconvened the meeting at 11:13 P.M. present. (Planning Commission Minutes Continued) Al1 Councilmembers were CONSIDERATION OF VACATION REQUEST, SAV #79-04 BY ALLAN M JOHNSON OF JIM MILLER REAL ESTATE 7751 EAST RIVER ROA� . P40TION by Councilman Shcneider to set the pu6lic hearing for October 15, 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, �ayor Nee declared the motton carried unanimously. APPEALS COMMISSION MINUTES OF AUGUST 28, 1979: CDNSIDERATION OF A REQ� ON . �' MOTION by Councilman Fttzpatrick to concur with the recommendation of the Appeals Commisslon and deny the variances. Seconded by Cauncilman Schne�der. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. � , LJ � REGULAR MEETING OF SEPTEMBER 24, 1979 PAGE 10 MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of September 12, 1979. Seconded by Counc�lman Barnette. Councilman Schneider quest�oned if a moratorium could be placed on conversions of condomi m ums, until the Council decides how they wtsh to proceed in �Vns area. Mr. Herrick stated he would do some research on whether they could adopt a moratorium or an ordinance to regulate this or set conditions under which it could be done. UPON A VOICE UQTE TAKEN ON THE ABOVE MOTIQN, all voted aye, and Mayoe Nee declared the motion carr�ed unanimously. RECEIVING THE CHARTER COMMISSION MINUTES OF MAY 1, 1979. MOTION by Councilman Schneider to receive the Charter Commission Minutes of May l, 1979. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A LETTER OF REQUEST FOR EXTENSION OF TIME ON SPECIAL Mr. Qureshi, C�ty Manager, stated a letter was received from Mr. Stahlberg requesting th�s extension of his special use permit until the spring of 1980. Mr. Stahlberg was not present at the meeting and Mr. Qureshi stated he would recommend a six months extension and, if Mr. Stahlberg hasn't proceeded with his plans by this t�me, would ask him to come back before the Council. MOTION by Councilman Fitzpatrick to allow a six months extension of time on Special Use Permit SP #78-10 for Allan B. Stahlberg. Seconded by Counctlwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. OF COMPREHENSIVE AN� SETTING PUBLIC HEARI MOTION by Councilwoman Moses to set the public hearing for October 15, 1979 on the Comprehensive Development Plan. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mo�ion carr�ed unanimously. SIDERATION OF CITY OF FRIDLEY BECOMING A MEMBER OF THE � Mr. Qureshi, City Manager, stated a staff inember is attending the Northtown Corridor Management Task Force meetings and they will keep the Council informed as to what is happe m ng at the meetings. MOTION by Councilwoman Moses to receive the memo from Jerry Boardman to the City Manager, Mr. Quresh�, dated September 2�, 1979 regarding his attendance at the Northtown Corrtdor Management Task Force Meetings. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REAPPLICATION OF REVISED PACD INDUSTRIAL PLAT DUE TO SURVEYOR'S MISTAKE: � MOTION by Councilwoman Moses to approve the revised Paco Industrial Plat due to the surveyor's mistake and authorize the Mayor and C�ty Manager to sign same. Seconded by Councilman Schneider. Upon a vo�ce vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. �ERATION OF AN INDEMNITY AGREEMENT WITH THE CITY OF APOLIS REGARDING ADVANCED DRIVERS TRAINING COURSE MOTION by Counc�lman Fitzpatrick to approve the indemn�ty agreement with the City of Minneapolis regarding advanced drivers training course. Seconded by Councilman Schneider �pon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. REGULAR MEETING OF SEPTEMBER 24, 1979 RESOLUTION N0. 107-1979 AUTHORIZING A STATE OF MINNESOTA DEPARTMENT OF PUBL Page 11 � MOTION by Councilman Barnette to atlopt Resolut�on No. 107-1979. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -1979 CONFIRMING ASSESSMENT FOR 1979 WATER nrrnni c nvn crovrrr rnninirr-rrnnic. f10TI0�4 by Councilman Fitzpatrick to adopt Resolut�on No. 108-1979 and to give Lot 30, Block 8, Hamilton's Addition to Mechanics- ville credit for work that had to be done because of the absence of two stubs. Seconded by Counctlman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. TION N0. 109-1979 CONFIRMING ASSESSMENT ROLL FOR THE rnir nnin f7�Ml111/11 nG TDCCC io�o . MOTION by Councilman Schneider to adopt Resolution No. 109-1979 with �nstructions for staff to make sure that the assessment for the westerly ]4,2 feet of Lot 1, Block 1, �an Cleaves Addition, is assessed to the right property owner. Seconded by Council- woman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. CLAIMS MOTION by Counc�lwoman Moses to authorize payment of Claims No. 206577 through 263938. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Barnette to approve the l�censes as sub- mitted and as on file �n the License Clerk's Office. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Nlayor Nee declared the motion carried unanimously ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as subm�tted Dawson Construction, Inc. $84,204.45 18D3 So. Ferry St. Anoka, MN. 55303 Partial Estimate #1-5&W Pro,7ect No. 128 E D.S. Construction Company 360 Larpenteur Avenue West St. Pau7, Minnesota $ 5,946.71 Partial Estimate #5 - Municipal Garage Addition Smith, �uster, Feikema, Malmom & Haskvitz $ 2,190.00 1250 Builders Exchange Bldg. Minneapolis, Mn 55402 For legal serv�ces rendered as Prosecutor for August, 1979 Talle, Herrick & Mumms 6279 University Ave. N.E. Fr�dley, Mn 55432 For legal services rendered as City Attorney for August, 1979 $ 1,469.85 � ' ' � 1 REGULAR MEETING Of SEPTEMBER 24, 1979 Page 12 Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared �_he motion carried unanimously IVING BIDS AND AWARDING CONTRACT - WALKING BRIDGE MATERIAL urn crnTrnnnrn �n in�n . Mr. Qureshi, C�ty Manager, stated three b�ds were rece�ved and it is recommended the bid be awarded to the low bidder, Contin- ental Custom Bridge in the amount of �11,161. MOTION by Councilman Schneider to rece�ve the bids. VEN�OR Continental Bridge, Inc. Rt. ,�`r5, Box Alexandria, Custom 178 Mn. 56308 : f :1 1 $558.05 Cert Check lst Bank, Carlos, Mn. 56319 TAL COS $11,161 00 delivered Town & Country Bridge $631.25 $12,625.00 DeBourgh Manufacturing Cert. Check Company 9300 James Ave. So. Mpls , Minn.55431 Sehlins & Geer Const Company P 0 Box 634 Hopkins, Mn. 55343 Structural Timber Products P 0 Box 185 Osseo, Mn. 55369 NO BID Travelers $12,202.00 Indemnity Co. 5% of b� d MANUFACTURERS NAME Continental Custom 6ridge, Inc De6ourgh Mfg. Structural Timber Products Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to award the bid to the low bidder, Cont�nental Custom Br�dge, Inc. in the amount of $11,161. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: Motion by Councilman Fitzpatrick to ad,7ourn the meettng. 5econded by Counctlman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the Regular Meeting of the Fr�dley City Council of September 24, 1979 ad,7ourned at 11:28 p.m. Respectfully submitted, � � ���� ���2�� Carole Haddad Secy. to the City Council Approved: 10/15y79 f ,, �� � . � , �,�.,�,� i� � � Will�am J. Nee Mayor