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04/21/1980 - 00013556� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 21, 1980 The Regular Meeting of the Fridley City Council was called to order at 7•32 p.m. by Mayor Pro Tem Dennis Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Counctl and audience in the Pledge of Allegiance to the Flag. ROLL CALL ME61BERS PRESENT: Mayor Pro Tem Schneider, Councilman Barnette, Councilwoman Moses and Counc�lman Fitzpatrick MEMBERS ABSENT. Mayor Nee APPROVAL OF MINUTES: REGULAR MEETING. APRIL 7, 1 MOTION by Counctlman Fitzpatrick to approve the minutes as presented Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider de- clared the motion carried unan�mously. ADOPTION OF AGENDA: The followtng items were added to the agenda: (1) Request 6y Ken Levandowsk� for a Carn�val License and (2) Consideration of Watving the Special Use Permii Fee for the Anoka County Task Force for Battered Women. MOTION by Councilman Barnette to adopt the agenda vaith the above two additions. Seconded by Councilwoman Moses. Upon a voice vote, all vottng aye, Mayor Pro Tem Schneider declared the motion carried unam mously. OPEN FORUh1, VISITORS. Mr. Myhra, 6360 Able Street, stated he was here to present a vtolat�on of Ordtnance No. 559. Mayor Pro Tem Schneider asked where he believed the ordinance was being vtolated Mr. Myhra stated the North Park trees are gone He staied a tree 21 inches in dtameter and another one 12 inches in diameter had been cut including others 4 inches tn diameter Mr. Myhra stated he asked the contractor who gave him authority to remove the trees and h�s reply was that he hadn't done it, but they were cut by the City and he was ,7ust moving them. Mr. Myhra stated the City was violat�ng their own ordinance Mayor Pro Tem Schneider stated the ord�nance provides that, if the Parks and Recreat�on Commission, Planning Commission and City Council appro✓e the plan, there �s no violation. Mr Myhra pointed out Mayor Nee didn't think trees would have to be removed for constructton of the building. He felt they have a s�tuat�on where the Council is v�olating their own ordinance and would like to see some action taken. Mayor Pro Tem Schneider again explained this has been approved by the Parks and Recreation Commtsston, the Planning Commission and City Counctl and there is no violation of the ordinance. Mr. Myhra stated there is no mention of a woodland management plan. He stated, if the ordinance was bad in the first place, then it should be removed and have a woodland plan or else some explanation of the violation. �'�G� �EGULAR MEETIPJG OF APRIL 21, 1980 Page 2 Councilman Barnette stated the question he had asked Bar6ara Hughes was if the Plamm �g Commission had reviewed this matter, and she stated there wasn't time as there was some urgency in getting the bid. He stated the reason he had asked if it had gone to ihe Planning Commission was because both �im Langenfeld and Dick Harris had questions cc.�ncerning the butlding. Mr. Myhra questioned �f the plan for the building and appltcation of the grant constitutes a woodland management plan. Mayor Pro Tem Schneider stated a site plan and butlding plan were approved. PUBLIC HEARINGS The Council proceeded to the third publtc hearing on the agenda, stnce the first two publ�c hearings concerned Mr. Schroer's property, and he would not be present until about 8 p.m. PUBLIC HENRING Ofd VACATI SAV VACATE PART OF UTILITY EASEMENT MOTION by Counciiwqman Moses to waive the reading of the public hear�ng notice and open the public hearing Seconded by Councilman Barnette. Upon a vo�ce vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 7 42 p.m Mr. Flora, Public Works Director, stated this proposal is for the vacation of a drainage and utility easement �n order to permit a 60 x 100 foot addition. Councilwoman Moses quest�oned what effect this would have on the drainage. Mr. Flora stated drainage would be handied through piping and d�tches and would not be affected in any way. Mr Flora stated letters have been received from Northern States Power, North- western Bell Telephone, and Northern Cablevision ind�cating they have no ob�ec- tions to the vacat�on. No persons in the aud�ence spoke for or against this proposed vacation. MOTION by Counciiwoman Moses to ciose the public hearing Seconded by Council- man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7 45 p.m. OLD BUSTNESS• CONSIDERATION OF CHANGE ORDER PJO. 3 FOR KALWALL R60F ON NORTH PARK BUILDING /'rnQi rn n i�n ion The Council rece�ved further information from the staff regarding buiidings in the area which have used Kalwall and response regarding any problems the owners may have encountered with this material. Mr. Tom Gonser, of the W.L. Hall Company, stated they have distributed Kalwall for 25 years and have many installations of this matertal in the Twin City area as well as around the State. Councilwoman Moses stated one of the concerns was the vandalism that may occur, hawever•, �t appears none of the Kaiwall locations in the survey are reachable by children. P1r. Gonser stated Kalwall was used at the Oxford sw�mming pool in St. Paul and they virtually have no problems. He po�nted out anything can be broken, but Kalwall is about 20 times stronger than glass and it costs about the same to repa�r Kalwall as to replace glass. Mr. Gonser also stated Kalwall, as far as structural requirements, meets the requirements of the State of Minnesota. , 1 ' i '1' REGULAR MEETING OF APRIL 21, 1980 Page 3 -� Councilwoman h1oses asked about the temperature in the room where Kalwall would be located. Mr. Gonser stated the Kalwall would have a minimal amount of heat coming through it and reviewed the insulating factors. Mr. Qureshi, City Manager, stated the pros and cons of using Kalwall have been discussed previously with the Council and further information was given in regard to a survey of some of the businesses that are currently using this product Mr. Qureshi stated the change order now before the Council would add the Kalwall � roof, skylight system, a smoke detection alarm system, a fire rated wall and suspended acoustical tile ceiling �n portion of the nature center building MDTION 6y Councilwoman Moses to approve Change Order No 3 with the Bud Johnson Construction Company for the Springbrook Nature Center Pro,7ect in the amount of $12,490.00. Seconded by Councilman Fitzpatrick. Councilwoman Moses stated she moved to accept the Kalwall as from the results of the survey she didn't see any problems with its use. Councilman Fitzpatrick stated this item was tabled for the purposes of the survey and he would agree there is nothing in the survey that would cause him to continue to have reservations about the recommendation of the Parks and Recreation Commission for use of the Kalwall. Councilman Barnette indicated the building was still being built without sewer and water hook-up. Mayor Pro Tem Schneider felt this wasn't addressed in this particular item. Mayor Pro Tem Schneider stated he was surprised with the results of the survey, as he thought Kalwall was a relat�vely new product, and the fact tt has been around a number of years and used in Mtnnesota makes him feel more comfortable with the use of this material. � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Mayor Pro Tem Schneider, Counctl- woman Moses and Counctlman Fitzpatrick voted in favor of the motion. Council- man Barnette abstatned from voting on the motion Mayor Pro Tem Schneider declared the mot�on carried by a 3 to 1 vote. PUBLIC HEARINGS: PUBLIC HEARING ON REZONING REQUEST, ZOA #80-01, ROBERT SCHROER: P40TION by Councilman Barnette to waive the reading of the pu61�c hearing notice and open the public hearing. Seconded by Councilwoman P9oses. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carrted unanimously and the public hearing opened at 8 02 p m. Mr. Flora, Public Works Dtrector, stated this is a request to change the zoning from commercial to M-1, industrial. The property is generally located between 79th Avenue N. E. and 81st Avenue N. E on the West side of Univers�ty Avenue. Mr Flora stated the Planning Commission has recommended approval of the rezoning with the inclusion that Lots 1 and 8, Block 4, be granted a variance for a 35 foot setback, with the stipulation that loading be to the rear of the building on the property. No persons tn the audience spoke for or against this rezoning request. � MOTION by Councilwoman Moses to close the public hearing. Seconded by Councilman Barnette. Upon a vo�ce vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 8:08 p.m. I l <� REGULAR MEETING OF APRIL 21, 1980 PAGE 4 PUBLIC HEARING ON FINAL PLAT, PS #80-01, UNIVERSITY INDUSTRIAL PARK, ROBERT SCHROER: MOTION by Councilwoman Moses to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:D8 p.m. Mr. Qureshi, City Manager, stated one of the recommendations of the Planning ' Comm�ssion was that an overall drainage plan be completed for this area. He stated they are proposing there be some retention areas provided to minimize the peak flow and eventually dratn into the creek. He pointed out the ma,7ority of water comes from Spring Lake Park and the City can't minimize this effect. Mr. Qureshi stated he felt the run-off would not be any faster than it would be without development and steps are being taken to retain the flow. Councilwoman Moses stated Mr. Jones, who owns the golf driving range at 8100 University Avenue, had concerns about the proposed road. She stated Mr. Jones indicated his fence would have to be moved and he was concerned about these costs and wondered if this item could be included in the bid. Counctlwoman Moses stated his other concern is the cost for the road and wondered if it could only be completed to Ranchers Road and not all the way to Main Street and perhaps have the assessments deferred until such time as the property might be sold. Mr. Qureshi, City Manager, stated the right-of-u�ay for the road has been dedi- cated all the way from University to Ma�n, however, the plan was only to con- struct that portion of the road from University to Ranchers Road and anything beyond this would depend on the des�res of the property owners an whether they wish to have the road constructed further. Mr. Qureshi stated the question as to whether the assessments can be deferred unttl P1r Jones sells his property has not been done in the past. He stated � he understands the Council has the authority, but would question setttng a precedent. Mr. Qureshi pointed out, if the assessment hearing is held next year and these assessments go on the tax rolls, the first payment would be due in 1982. Councilwoman f�1oses asked Mr. Jones �f two years would give him enough time, since he thought he may sell the property in a few years. He stated it probably would, but no one knows how the economy will be several years from now. Mr. Jones felt he should make provisions now because if something doesn't happen, he would have a serious pro6lem. Councilwoman Moses questioned P1r. Jones if he was aware of the easement for the road before he put up his fence. He stated he knew of the easement which was given for the road. Mr. Jones explained that, at this ttme, the road is doing more damage to him than good as he doesn't have the means to pay the costs. He felt, when the contractor constructs the road, he would have the necessary equipment so that his fence could be moved, as it would be d�fficult for him to rent the equip- ment. Counctlwoman Moses stated she didn't have any problem wtth putting this into , the cost of the pro,7ect, if there was no ob�ection from the City Attorney. Mr. Herrick, City Attorney, stated his problem is �ustifying a public use of money to move an ex�sting fence and erect a new fence that is being used for private operation. He stated he might be able to justify the cost of removing the fence from �ts present location as it is on public right-of-way, but to re-install it and re-bu�ld on private property, he has diffi culty justifying that it is a permissible use of public funds. � ' �,, REGULAR MEETING OF APRIL 21, 19£30 PAGE 5 Mr. Qureshi, City Manager, stated as far as the issue on how far the road should be constructed, he would try to work with Mr. Jones to come up wiih a solution that is reasonable and acceptable to him and P1r Schroer. He stated, if this cannot be done, the matter would be brought back to the Council. Mr. Schroer stated, in talking to the future builder, he requested the lot line be moved 40 feet to the East. Mr. Herrick, City Attorney, felt the question of changes made to the preliminary � plat could be addressedin several ways. He stated one way would be for the Council not to act on this plat until the changes are prepared and presented and the other way would be to approve this as a preliminary plat and then allow changes to come back on the f�nal plat. Mayor Pro Tem Schneider questioned if �t would be necessary to have another public hearing. Mr. Herrick stated it probably wouldn't be necessary if there were only minor changes. Mr Qureshi stated, if there is a minor change and the configuration doesn't change, his recommendation would be to make these changes on the final plat, as long as the plat meets the restrictions of this zoning. No other persons spoke for or against this proposed plat. MOTIDN by Councilwoman Moses to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motton carried unan�mously and the public hear�ng closed at 8 47 p.m. OL� BUSINESS IDERATION OF REAPPROVAL OF BLOMBERG ESTATES, PS ,'�r79-03, KARLA BLOMBERG , Mr. Quresh�, City Manager, felt a lot of negotiating has been done on this plat and that an acceptable compromise has been reached for both parties. He out- lined the stipulations for approval of the plat vahich was for the developer to give a warranty deed to the City for Lots 13, 14 and 15 which w�ll be unencumbered by any costs and the money acquired from sale of these lots by the City would be put into the Park Fund. He further explained that Outlot B was to be eliminated and one-half of this outlot is to go to Lot 17 and one-half to Lot 18 with all drainage easements to remain the same. He stated a 15 foot right-of-way should be dedicated along Osborne Road and right-of-way easement for roadways for 75-2 Avenue be acquired from Lot 2, Andco Terrace Mayor Pro Tem Schneider asked if staff was satisfied they have adequate drainage retention. Mr. Quresht stated they have taken the easements out of the back yards of the lots and made two large lots, each which have an easement fordrainage. Mr. Qureshi stated, after long negotiations, he felt comfortable the City should accept this proposa7. Ms. Blomberg questioned if the 15 foot r�ght-of-way for Osborne Road is some- thing planned in the near future. Mr. Qureshi stated it wouldn't be for several years. Ms. Blomberg asked if they would have an Outlot, if the City would main- tatn it. � Mr Herrick, Ctty Attorney, stated if it wasn't sold, �t would be the developer's o6l�gation to maintain it, however, if it is sold with the ad,7acent lots, it would be an easement on those properties �q � j 1 REGULAR MEETING OF APRIL 21, 1980 PAGE 6 Ms. Blomberg also asked if the street names could be changed and have only one name instead of three different numbers. Mr. Qureshi stated he would work with the developer on this matter P+lOTIOP� by Councilman Barnette to approve the revised plat for Blomberg Estates, PS #79-03, with the following stipulations: (1) Developer to g�ve clear t�tle to the C�ty for Lots 13, 14 and 15, Block 1, of proposed Blomberg Estates without any encumbrance against these lots, such as mortgage, utility cost, taxes and other leins, etc. Also, developer to provide utiltties ' to these lots and do the grading, according to the grading plans submitted, at no cost to the City. The grading of these lots to be done at the same time with other lots along Lakeside Road; (2) Outlot Lot B, to be elimrnated and 1/2 of outlot goes to Lot 17 and 1/2 to Lot 18 with all of dra�nage ease- ment to remain the same, and (3) a 15 foot right-of-way from Lot 1 and 2, Block 2, to be dedicated along Osborne Road and right-of-way easement for roadways for 75-1/2 Avenue be acquired from Lot 2, Andco Terrace Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot�ng aye, Nlayor Pro Tem Schneider declared the motion carr�ed unanimously IDERATION OF FIRST READING OF LES ON PRI MOTIOPJ by Councilman Fitzpatrick to wa�ve the reading and approve the ordi- nance upon first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Pro Tem Schne�der declared the motion carried unanimously. RECEIVIfJG PLANNING COMMISSION P1INUTES OF APRIL 9, 1980: CONSIDERATIOPJ OF PdPC-5 (AIRPORT INSTALLATION NOISE PERMIT) BY AL PE anrninirrn�rn nni � iiTrnni rnniTnni nrrvrv Mr. Flora, Public Works Director, stated the Planning Commission reviewed ' the NPC-5 permit that was developed calling for control of noise pollution at airports and supportzd this regulation. He stated the Commission further recommended that enforcement provisions and criteria for permit revocation be included in the regulation. MOTION by Counc�lman Barnette to authorize the Public Works Dtrector to send a letter to the Minnesota Pollution Control Agency in support of NPC-5 with the recommendation that enforcement provisions and crtteria for revocation of the permit be established. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unammously. REVIEW OF GUIDELINES FOR SETTING PRIORITIES OF FUNDING REQUESTS• Counc�lman Earnette stated he w�shed to congratulate the Commission members for their good work on these guidelines. Mayor Pro Tem Schneider concurred and felt the Commission did an excellent �ob. MOTION by Counc�lman Barnette to approve the guidelines for setttng priortties of fund�ng requests. Seconded 6y Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, P9ayor Pro Tem Schneider declared the motion carried una m mously. MOTION by Councilman F�tzpatr�ck to receive the minutes of the Plam m �g Comm�ssion Meeting of April 9, 1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion , carried unanimously 7 c3��� { REGULAR MECTIfdG OF APRIL 21, 1980 PAGE 7 RECEIIIING THE MIPJUTES OF THE CIUIL SERVICE COh1MISSION MEETING OF MARCH 17, 1980: MOTION by Councilman Barnette to receive the minutes of the Civ�l Service Commission Meeting of March 17, 1980. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously RECEIVIPdG CATU COMMISSION MINUTES APRIL 1D. 1 � MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Commission Meet�ng of April 10, 1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, P1ayor Pro Tem Schne�der declared the motion carried unanimously. Mr. Flora, Public Works Director, stated the City has received support from the Metropolitan Waste Control Commission to conduct Phase II, the study and analysis of infiltration/inflow �nto the sanitary sewer system Mr. Flora stated five engineering firms responded with proposals requested for completion of the infiltration/�nflow study. He explained, in review�ng these proposals, it was determined that Toltz, King, Duvall, Anderson and Associates would give them the necessary data to better evaluate the system, and it is recommended this firm be selected for completion of the study Mr. Flora explained the Ctty's distr�bution to the Phase II study is 10% of the cost or $3,560 and funds are available in the Utility Fund MOTION by Councilman Fitzpatrick to adopt Resolution No. 33-1980 and enter into the agreement with the Metropolitan Waste Control Commission for the � infiltration/inflow analysis program. Seconded by Councilman Barnette Mr. Flora stated, once they have tdentifi ed there ts a problem, they will proceed into Phase III to initiate corrective actions which would also be a shared cost. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. CONSIDERATION OF APPOINTING ENERGY AU�IT AND APPROVING AGREEMENT WITN TK�A: Mr. Flora, Puhlic Works Director, stated State law requires all local govern- ments to complete the necessary mini and maxi-energy audits and the State and Federal grant program provides 100% fundin9 for local governments to consult this service to registered energy audit firms. Mr. Flora stated four architectural and eng�neer�ng firms were contacted and interviewed for the aud�ts, and �t is recommended that Toltz, King, Duvall, Anderson and Associates, Inc. be hired to perform the energy audits. Mr Flora stated this firm has a staff of registered mechanical engineers and tech m cians to perform the necessary audits and they will also stay within the grant established by the Mtnnesota Energy Agency. MOTIDW by Councilman Barnette to appotnt Toltz, King, Duvall, Anderson and Associates, Inc. as the firm to perform the energy audits and approve the , agreement wtth them for these consulting services. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. � 6 � 71 � REGULAR MEETING OF APRIL 21, 1950 Page 8 CONSI�ERATION OF JOINT POWERS AGREEMENT WITH ANOKA COUNTY REGARDING LOCKE PARK: Mr. Quresh�, City Manager, stated he has checked with the Parks and R�creation Commission regarding the issues that should be included in this �o�nt powers agreement with the County regarding Locke Park. Mr. Qureshi stated the City would retain the ownership of the property and would keep all the recreational and existing aihlettc facilities and the County would provide the maintenance. He stated the park is used by more than �ust the residents of Fridley and this would give the City some help in maintai m ng the faciltty. Mayor Pro Tem Schneider asked if the Planning Commisston has reviewed thts matter Mr. Qureshi stated tt has been approved by the Parks and Recreation Commission, but not by the Planning Commission. h10TI0N by Councilman Fitzpatrick to table this item for two weeks in order that �t be submitted to the Plamm �g Commission for their rev�ew. Seconded by Council- woman f�oses. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. RECEIVING BIDS AND OR�ERING CONTRACT F�R STREET IMPRaVEMENT PROJECT N0. ST 1980-1: AND RECEIUING BIDS AND ORDERING CONTRACT FOR WATER AND SEWER PROJECT N0. 130: Mr. Qureshi, City Manager, stated a part of these bids includes the development for Mr. Schroer's property. Councilman Fitzpatrick felt perhaps bids shouldn't be let for a plat which hasn't been approved. The Council requested the Pu61ic Works �irector to check the timetable when the bids would have to be awarded. MOTION by Councilman Fitzpatrick to continue these two items to later in the agenda. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously RESOLUTIOTd N0. 34-198D AUTHDRIZING AND DIRECTING THE SPLI MOTION by Councilman Fttzpatrick to adopt Resolut�on No. 34-198D. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. RESOLUTION N0. 35-1980 COPdFIRh1ING APPOINTMENTS TO THE CITY OF F MOTION by Councilman Fitzpatrick to adopt Resolution No. 35-1980, with the addition of Jerry Ctchosz as a member of the Energy Commission. Seconded by Councilwoman Moses. Upon a voice vote, all vottng aye, Mayor Pro Tem Schneider declared the motion carried unanimously. RESOLUTTON N0. 31-1980 TO THE FEDERAL COMMUNICATIONS COMMISSION BY THE NATI MOTION by Counc�lwoman Moses to confirm Resolution No. 31-1980 adopted on April 14, 1980. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. �� � ' REG�LAR MEETING OF APRIL 21, 1980 RESOLUTIDN N0. 36-1 3 Page 9 NT ROLL FOR W ANITARY MOTION by Councilwoman Moses to adopt Resolution No 36-1980. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ION N0. 37-1980 DIRECTING PUBLICATIOPJ OF HEAP.ING ON PROPOSED ASSESSPIENT � MOTION by Councilwoman Moses to adopt Resolution No. 37-1980 Seconded by Councilman Fitzpatrick. Upon a votce vote, all vottng aye, Mayor Pro Tem Schneider declared the motion carried unanimously. � L� LUTI R A� TION OF ASSESSMENT ROLL FOR W MOTION 6y Councilwoman Moses to adopt Resolution No. 38-1980. Seconded by Counc�lman Fitzpatrick. Upon a vo�ce vote, all vot�ng aye, Mayor Pro Tem Schneider declared the motton carried unantmously RES 19 IS f7 SSESSMENT ROLL MOTION by Councilwoman Moses to adopt Resolution No. 39-198D. Seconded 6y Councilman Fitzpatrick. Upon a voice tote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. RESOLUTION N0. 40-1980 DIRECTING PREPARr'�TION OF ASSESSMENT ROLL FOR STREET IMPROVE- MENT PROJECT ST. 1979-1 AND 2 MOTION by Councilwoman Moses to adopt Resolution No 40-1980. Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider de- clared the motion carried unanimously. RESOLUTION N0. 41-1980 DIRECTING PUBLICA7ION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST 1979-1 AN� 2 MOTION by Councilwoman Moses to adopt Resolution No 41-198D. Seconded by Counc�l- man Fitzpatrick. Upon a voice vote, all vottng aye, Mayor Pro Tem Schnetder de- clared the motion carried unam mously. CONSIDERATION OF APPOINTING NEW MEMBER TO THE ENVIRONMENTAL OUALITY COMMISSION MOTION by Councilman Barnette to recetve the letter of resignation from Marvin Hora. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, P1ayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilman Barnette to table the appointment to the Env�ronmental Quality Commission to the next meeting. Seconded by Councilman Fttzpatrick. Upon a voice vote, all voting aye, P4ayor Pro Tem Schneider declared the motion carried unanimously. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Smith, Juster, Fe�kema, Malmon & Haskvitz 1250 Builders Exchange Building Minneapol�s, Minnesota 554o2 For Legal services rendered as Prosecutor durin9 the month of March, 1980 $2,420.00 Seconded by Councilwoman �ioses. Upon a voice vote, all voting aye, h1ayor Pro Tem Schneider declared the motion carried unanimously. I �i {J REGULAR PIEETING OF APRIL 21, 1980 Page 10 MOTION by Councilman Barnette to authorize payment of Claims No. 095F01 throuyh 109F01. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. LICENSES: In addition to the above licenses, the request by Ken Levandowski for a carnival license was added. MOTION by Counc�lman Fitzpatrick to a,oprove the licenses as submitted and as on file in the License Clerk's Offtce including the carnival license requested by Ken Levandowski. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motton carried unanimously. C6NSIDERATION OF WAIUING THE FEE FOR THE SPECIAL USE Playor Pro Tem Schneider stated when the Anoka County Task Force applied for the special use perm�t, they were asked to pay the fee and tt was requested this be waived for the non-profit organization. MOTION by Councilwoman Moses to waive the special use permit fee for the Anoka County Task Force for Battered Women. Seconded by Councilman 6arnette. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unan�mously. RECEIVING BI�S AND ORDERING CONTRACT FDR STREET IMPROVEMENT PROJECT N0. ST 1980-1 nnin RECEIUING BIDS AN� ORDERIPIG CO ER AN� Mr. Herrick, City Attorney, stated Mr. Flora, Publ�c Works Director, has advised him all bids would remain open for 30 days so Counc�l would have the option to table the awarding of the contract to the next regular meeting. MOTION by Councilman F�tzpatrick to contrnue these two items to the next regular meeting. Seconded by Councilwoman Moses. Upon a vo�ce vote, all voting aye, Mayor Pro Tem Schne�der declared the mot�on carried unanimously. ADJOURNMENT. MOTION by Councilman Barnette to ad,7ourn the meeting. Seconded by Counc�lwoman Moses. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Regular Meeting of the Fridley City Counctl of April 21, 1980 ad,7ourned at 9:35 p.m. Respectfully submitted, "�.�'`..t�.. ; ��i-✓� Carole Haddad Secy, to the C�ty Council Approved: P9ay 5, 198� �� � �� ,t.� Dennts Schne�der Mayor Pro Tem 1 ' �