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05/19/1980 - 00013528A f.f lY THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 19, 1980 The Regular Meet�ng of the Fridley City Council was ca7led to order, after the Board of Revlew Meeting, at 7�55 p.m by Mayor Nee. ROLL CALL• MEMBERS PRESENT MEMBER ABSENT APPROVAL OF MINUTES: Counc�lman Fitzpatrick, Councilwoman Moses, Mayor Nee, Councilman Schneider and Councilman Barnette None REGULAR MEETING, MAY 5. 1980: MOTIOPd by Councilman Schneider to approve the minutes as presented. Seconded by Counc�lman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee de- clared the motton carried unanimously ADOPTION OF AGENDA: MOTION by Counc�lman Fitzpatrick to adopt the agenda as submttted. Seconded by Counc�lwoman Moses. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unam mously. OPEN FORUM, VISITORS Mr. Doug Os�eczanek, 101 Crown Road, raised a question on the ordinance con- cerning ,7unk vehicles, He stated it was ridiculous to make someone buy a license for a vehicle when they were in Germany serving with the Armed Forces and the car is in the yard on blocks. Councilman Schnetder stated he can sympathize with what Mr. Osieczanek is saying, however, if a car is in a yard up on blocks and it is an eyesore, the ordinance does give the City the right to have it removed. Councilwoman Moses stated the concern was that vehicles ahouldn't be around to create an eyesore for the neigh6orhood. Mr. Osieczanek stated hts neighbor doesn't have any complaints a6out the vehicle Mayor Nee explained Mr. Osieczanek has a camper behind his garage that he uses for storage, but otherwise is operable, and he maintains this is not a,7unk vehicle. He stated Mr. Osieczanek did not wish to put a l�cense plate on it. Mr. Os�eczanek stated he would put a license plate on, but wouTd have to go through all the processing with the State and put insurance on the vehicle. Mr. Osieczanek stated he probably has one of the best looktng yards in the City, however, when the ordinance was passed, Mr. Olson, the inspector, was right at his door. Councilman Schneider stated he didn't know the situatton with Mr. Os�eczanek ar;d P�ir. Ulson, but would hate to create an exceptton to an ordinance which he believes, if enforced properly, is beneficial to the entire City. Mayor Nee stated apparently Mr. Osieczanek received a notice to abate in 14 days. The other question raised by Mr. Osieczanek concerned his pheasants. He stated a notice was received from Mr. Olson that he was too close to the lot line. He explained both of his neighbors do not ob,7ect to the pheasants. Mr. Qureshi, C�ty Manager, sug9ested additional facts and information be ob- tained with a report back to the Council. Mr. Osieczanek asked if he had to comply with the ordinance now as far as re- moval of the truck Mayor Nee stated he would ]ike to see staff's report and he would get back to Mr. Os�eczanek on this matter. � � , REGULAR MEETING OF MAY 19, 1980 CONTINUE� PUBLIC HEARING ON PORTIONS ,y! ' ! =3 1 PAGE 2 ST. 1979-1 AND 2 STREET IMPROUEMENT E AND MAIN STREET FROM 77TH TO 79TH Mayor Nee re-opened this public hearing on the Easterly one-half of Ashton Avenue and Main Street from 77th to 79th Avenues. Mr. Qureshi, City Manager, stated it was found a public hearing from the im- provement pro�ect on Main Street from 77th to 79th Avenues was not held, � therefore, it is recommended this not be assessed and the improvement paid for out of funds for the City's overlay program. In regard to Ashton Avenue, Mr. Qureshi stated the City has met with repre- sentatives of the Burlington Northern Railroad, and the recommendation of the City Attorney is that the hearing be held open on the issue of the assessment of the easterly one-half of Ashton. He stated, hopefully, the issue with the Burlington Northern can be resolved and construction completed within next couple of months. Mr. Brunsell, City Clerk, stated he would like the hearing closed for the balance of the pro,7ect so that an assessment roll can be sent to the County. He pointed out, if Ashton Avenue is completed, it wouldn't affect the pro- perties on the West side, 6ut only the railroad property on the East side. Mayor Nee pointed out the Council is considering whether or not the proposed benefit, as submttted by the staff, is reasonable on the West side of Ashton. Mr. Quresh�, City Manager, stated tf the Counc�l adopts the assessment roll, it actually establ�shes the costs for the westerly s�de of Ashton and the price residenttal properties in the area would pay for the improvement. Mr Heron, representing the Burlington Northern Railroad, requested the assessments be deferred until such time as the pro,7ect is completed. He � stated, since the C�ty Attorney is meet�ng with representatives of Burizngton Northern, it is hoped some agreement could be reached and the ent�re pro�ect completed, and then assessed, according to the City policy. Mayor Nee asked if he was proposing the west stde of Ashton not be assessed at th�s time. Mr. Heron stated he is requesting that the ent�re Ashton Avenue project not be assessed. MOTION by Councilman Fitzpatrick to close the public hearing on the assessment roll of a portton of ST. 1979-1 and 2 Street Improvement Pro,7ect (Main Street from 77th to 79th Avenues), with the exceptton of the East s�de of Ashton Avenue wh�ch is to remain open. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously and the public hearing closed at 8:20 p.m. OL� BUSINESS: RESOLUTION N0. 45- IMPROUEMENT PROJEC ONFIRMING ASSESSMENT FOR THE ST. 1979-1 and 2 STREET LED MAY 12, 1980 : Mr. Quresht, Gity Manager, stated this resolution could 6e adopted, if it is amended to ointt Main Street from 77th to 79th Avenues, and to delete the East side of Ashton Avenue. MOTION by Councilwoman Moses to adopt Resolution No 45-1980 with Main Sireet � from 77th to 79th Avenues omitted and the deletion of the East side of Ashton Avenue. Seconded by Councilman Schneider. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously. SI�ERATION OF UARIANCES REQUESTED BY NEDEGAARD CONSTRUCTION COMPANY, 4526 - cTnrrT rnoi rn nnnnru c �n�n Mr. Qureshi, City Manager, stated since this request was tabled 6y the Council, the applicant, Mr. Nedegaard, has obta�ned two additional feet of land which would result tn a reduction of the side yard setback and lot square footage variances. E ) �u REGULAR MEETING OF MAY 19, 1980 PAGE 3 The variances now requ�red would be a reduction in the lot area from 7,500 square feet to 5,418 square feet, a front yard setback from 35 feet to 30 feet, side yard setbacks from 10 feet to 6 feet and 13 feet to 12 feet, and floor area from 1,020 square feet to 960 square feet. Mr. Qureshi stated the result is now two changes made from the original request since the acquisition of the addit�onal property. He pointed out the neighboring res�dents support the variance and elimination of the existing structure to re- move an unattractive, unsanitary health hazard. MOTION by Councilman Fitzpatrick to grant the var�ances, which are reduced from the originai request, as foliows: (1) Reduce the iot area from 7,500 sq. feet to 5,418 sq. feet, (2) front yard setback from 35 feet to 30 feet, (3) side yard setbacks from 10 to 6 feet and 13 to 12 feet, and (4) floor area from 1,02D sq. feet to 960 sq. ft. for the reasons that there is an existing structure on the lot which �s* an attract�ve nuisance and health hazard and that this new structure would be compatible w�th other properties on the block hav�ng a lot size of 4D feet and, further, the var�ance has not been ob�ected to by the ad- ,7acent residents. Seconded by Councilman Barnette. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carrted unanimously. ORDINANCE N0. 711 ON REZONING, ZOA r�80-01, ROBERT SCHROER: MOTION by Councilwoman Moses to waive the second read�ng of Ordinance No 711 and adopt it and order publication. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF USE OF COMMONS PARK FOR SOFTBALL TOURNAP4ENT - REQUEST BY BOB'S PRODUCE P.ANCH TEAM: Dr. Boudreau, Parks & Recreatton Director, stated the Council has authorized four tournaments throughout the year using Ctty facilities and these have been operated by non-profit organizations, however, only two organizations dec�ded to host a tournament this year. Dr. Boudreau stated a request was received by Mr. Larry Hartman, representing the Bob's Produce Ranch Team, to host a tournament the weekend of August 9-10 at Commons Park. Since this has not been the City's policy in the past, the request was submitted to the Parks and Recreation Commission for their consid- eraiion and is now before the Council. Or. Boudreau stated if requests are approved for individual teams to host tournaments, the City could conceiva6ly have 103 other teams making a similar request and possibly put the City in a posit�on to develop criteria on which teams would be able to sponsor a tourna- ment. Councilman Schneider questioned what arguments were made for having this tourna- ment. Dr. Boudreau stated the question addressed by the Parks and Recreation Commission was that only two tournaments were go�ng to 6e he]d thts year, in- stead of the four, and since there were no ob,7ections, to grant approval of the request on a"test" basis for a one year period. Th�s motion resulted in a tie vote before the Parks and Recreation Commission, with 2 in favor and 2 opposed. Dr. Boudreau who stood to to one team. other hand, tournament. stated one of the points mentioned was this was an individual team make a profit from holding the tournament, with the proceeds going He felt this might be considered a negative point, but, on the it mrght g�ve F�°idley an opportunity to be represented in a National Councilman Barnette questioned the o6,7ections. Dr. Boudreau stated if the re- quest �s approved, they would, in fact, set a precedent. He pointed out ind�vidua] teams could apply to hold tournaments in the City and the City could face the situation of having 103 different requests from teams to hold tournaments every weekend He felt it has been the C�ty policy the weekends, at least, should be open for res�dents to participate tn activities at these fields. *as amended 6/2/80 � � , ��, REGULAR MEETING OF MAY 19, 1980 PAGE 4 Counctlwoman Moses asked Dr Boudreau if it was his recommendation the request be denied. He stated staff doesn't have a strong recommendat�on one way or the other. He stated they are looking for a poltcy, as the past policy was only four tournaments were held in the City in any one year and tndividual teams haven't been allowed to host a tournament using City facilities. Councilman Barnette asked if all costs would be borne 6y the sponsor. Dr. Boudreau stated the City would have some cost in the use of the lights and equipment. Councilman Fitzpatrick asked if it has been the policy in the past to have City � personnel present at the tournaments. �r. Boudreau stated, according to the Minnesota Recreation and Park Association, they have to pay in order to be sanctioned and a member of the Association would become the tournament supervisor He stated, in the past, they have requested anyone sponsoring a tournament obtain an off-duty or regular pol�ce officer to be at the park. Mr. Herrick, City Attorney, felt tf there has been a policy in the past for having four tournaments, it could probably be handled by indicating preference would be given first to civic, non-profit organizations and if there are not four tourna- ments from these organizations, to allow some other sponsor. Mayor Nee questioned �f many complaints were rece�ved on weekend tournaments. �r. Boudreau stated he was sure Council is aware of the complaints rece�ved on the use of the fi elds and park�ng problems and believed this was one of the reasons they try to reduce, whenever possible, the use of that factl�ty. Mayor Nee asked if he thought the proceeds from the tournament would be split with the Park Department. �r. Boudreau explained there is a$100 deposit fee and, generally, the sponsor has been very generous to make a donation of some piece of equ�pment that would be put back into the facility. He stated this team has indicationed they are willing to do �his, however, they have not been approached on the question of splitttng the proceeds. MOTION by Councilman Barnette to approve the request from Mr. Larry Hartman for Bo6's Produce Team to sponsor a softball tournament, with the understanding � that it is for one year only and a similar request next year would have to be considered separately. Seconded by Covncilman Fitzpatrtck. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. ION OF A REQUEST FOR A 3-YEAR RENEWAL OF SPECIAL USE PERMIT, SP #74-16 80 TO 6/26/83 TO OPERATE MOBILE HOME SALES, 7151 HIGHWAY N0. 65, Mr. Flora, City Engineer, stated staff has reviewed this request and has no ob�ection to a three year renewal of the special use permit MOTION by Councilman Schneider to grant the renewal of special use permit, SP #74-16, for a three year period. Seconded by Councilman Fitzpatrtck. Mr. Harris, Chairman of the Planning Commission, stated the ordinance requ�res that a special use permit goes throu9h the Planning Commission for a public hearing. He requested an opinion from the City Attorney if a hearing was neces- sary for the renewal. Mr. Herrick, City Attorney, questioned if the permit had a termination date. Mr. Flora stated it would expire on June 26 and it has been renewed since 1969. Mr. Herrick stated �f there is an actual termination date on the present per- mit, it probably should go through the public hearing process Councilman Schneider withdrew his motion, with permission of his seconder, � Councilman Fitzpatrtck. MOTION by Councilman Schneider to refer thts �tem to the Planning Commission for recommendation. Seconded by Councilman Fitzpatrick. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously ��� REGULAR MEETING OF MAY 19, 1980 RECEIVING PLANNING COMMISSION MINUTES OF MAY 7, 1980• PAGE 5 CONSIOERATION OF JOINT POWERS AGREEMENT WITH ANOKA COUNTY REGARDING LOCKE PARK: Councilman Schneider stated the agreement does not contain the items recom- mended by the Commission. Mr. Qureshi, City Manager, stated in�t�ally this item was discussed w�th the Parks and Recreation Commission and they approved the agreement approach with one dissenting vote. Mr. Quresh� stated what is proposed in the agreement submitted ts the Ctty would essent�ally maintarn control of the park and the County would take care of the maintenance of the park because the rationale is that th�s park is being used by others than just City residents. He stated the original agreement was presented to City Council on April 11, 1980 and the nexi time it was presented, it incorporated all the recommenda- tions of the Parks and Recreatton Commission made on April 3, 1980. Mr. Qureshi stated hts feeling is the agreement now before the Council, as shown on Pages 7J through 7Q of the agenda book, is probably the best the City can hope for and he is not sure if the County could be enticed to accept thts type of agreement. Councilman Schneider asked a6out the Planning Commission's recommendation under Sect�on III-A, �tems 1 through 4. He felt what the Commission is suggesting is maintenance routinely so that there �s an actual schedule for the matntenance and the agreement reads maintenance on a routine schedule. Mr. Harris, Cha�rman of the Planning Comm�ssion, felt the way the agreement was worded maintenance would be at the County's discretion and the Commission wanted to insure that maintenance was done on a scheduled or set basis. Mr. Quresh� stated he didn't have any problem with the Commission's recommenda- � t�on to prov�de "maintenance i°outinely on a schedule", for items 1 and 2 under Section III-A. P1r. Harris stated the Commtssion's concern under item 4, Section III-A, was that the County doesn't indiscriminately cut trees. Mr. Quresh� stated staff felt it was more of a cooperative effort and what has happened in the past is the C�ty marks trees for removal and the County then removed the trees. Mayor Nee asked if staff had any problem wiih the Comm�ss�on's recommendation on item 4. Mr. Qureshi stated th�s could be changed to coincide withthe Planning Commission's recommendation. Mr. Quresht stated the Commission's recommendation to add an �tem 10 under Sectton III-�, pertai m ng to an annual meeting, he felt, was covered under Section V, Capwtra� Improvements which indicates the Cit� and County will meet periodically to discuss and review the work and development plan. He explained, in order to make any physical improvements, the County would need concurrence by the City. Mayor Nee stated the Commission is saying to meet "annually" and staff is say- ing to meet "periodically" Mr. Harris stated the Commission felt they wanted at least one meeting a year , between the City and County to obtain an annual report on the condition and progress of the park. A �� �i REGULAR MEETING OF MAY 19, 1980 PAGE 6 Mr. Qureshi felt th�s was more �n the admt m strative area of providing mainten- ance. He stated when the County sets policies or has any development planned, the agreement clearly provides they need approval of the Council. He felt this shouldn't be in the agreement as it might tend to discourage the County to ap- prove lt. Councilman Schneider stated there are cost benefits to the City, if the County approves the �oint powers agreement, but one of his concerns is �f they are re- moving local fac�lities away from the residents of the City. He felt �f there � are some checkpoints, it wou1d be possible to stt down and talk with them about it. Mr. Qureshi felt if it was the destre of the Council and County to meet on any issue, a meeting could be requested. Councilman Schneider stated in back of hts m�nd is the questio:i if they want to remove the facility, indirectly, from the people who may want to come to the Council if there is a complaint or does the Council want them to go to the County. Mr. Qureshi stated they would still come to the Council to express their needs and concerns. Councilman Fitzpatrick stated there is the provis�on that thts agreement could be discontined at any time if this doesn't work, and if it does, it would be saving the City $50,D00 in maintenance costs for a park that is used greatly by persons outside the City. Mr. Qureshi felt the agreement is now at a level where it can be presented to the County, recognizing there are no assurances they would accept it Mr. Qureshi stated the recommendations of the Planning Commission re9arding the maintenance and concurrence of the City's Tree Inspector regarding disease con- trol programs could be incorporated into this agreement, 6ut didn't feel it was necessary to include the recommendation regarding meeting w�th the County Board. He felt maintenance does come under the control of staff, but Council would have � control on approving any facilities that would be built on the park land. Mr. Harr�s stated there was one other item that was discussed by the Planning Commission re9arding item 5, Section III-A relating to the County paying utility costs. He pointed out the City does have lighted ball diamonds and it wasn't the Commission's intention the County pay for these lights. Councilman Schneider stated he was w�lling to support this a9reement, but wanted to air his concerns that he has some reservations, but could try it for a year. Councilwoman Moses stated several persons have ment�oned they don't feel com- fortable about going to Locke Park, unless they are with a group. She questioned what patrol the park would have with this agreement. Mr. Quresh� stated, hopefully, this agreement would prov�de some more patrol by the County. Ne stated the City would continue the same level of patrol they now have at the park, but if the agreement is approved, there would be assistance from the County in that area. MOTION by Councilman Barnette to approve the �oint powers agreement with the following changes under Section III-A, �tems 1, 2 and 4. Unders Items 1 and 2, the Planning Comm�ssion recommendation should be followed to provide "mainten- ance routinely on a schedule" and in Item 4, the word "cooperation" should be changed to "concurrence". Seconded by Counctlman Fitzpatrick. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously � MDTIDN by Councilman Schneider to receive the minutes of the Plamm �g Commission Meeting of May 7, 1980. Seconded by Councilman Barnette Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unantmously. 1�(� REGULAR MEETING OF MAY 19, 1980 RECEIVING CIVIL SERVICE COMMISSION MTNUTES OF MAY 8, 1980: PAGE 7 MOTION by Councilman Fitzpatrick to receive the Civil Service Comm�ssion minutes of May 8, 1980. Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 46-1980 R RESOLUTION N0. 47-1980 OR� VING THE PRELIMINARY REPORT EARING ON THE MATTER OF THE T IMPROVEMENT PROJECT ST. 1 ING IMPROVEMENT ANb FINAL P THEREOF STREET IMPROVEME D SPECIFICA- ECT ST. 1980 MOTION by Councilwoman Moses to adopt the above resolut�ons. Seconded by Councllman Schnerder. Upon a vo�ce vote, all vottng aye, Mayor Nee declared the motion carried una m mously. RESOLUTION N0. 49-198D ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTI- MATES OF THE COSTS THEREOF STREET IMPROVEMENT PRO�ECT ST. 1980-1. AD�EN�UM #2 RESOLUTION N0. 5D-1980 RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPRO�EMENTS. STREET IMPROVEMENT PROJECT ST. 1980-1, ADDENDUM �2 Councilman Fitzpatr�ck stated a request was not received for the improvement of California Street, but there is a statement they are not interested. Mr. Flora, City Eng�neer, stated a request was received t,o pave 41st Avenue and th�s would ]eave only one residence without a paved area, therefore, staff added this item since �t would be quite expensive to go back and complete at a later date. Mr. Qureshi stated �t was felt these persons should come to the hearin9 since this is the only dTrt street left 7n the City. Counctlman Fitzpatr�ck stated he had no ob�ection to considering this item, however, he wanted to point out a request wasn't received for Caliform a Street, 6ut rather a negat�ve response. Councilwoman Moses asked when the request was made for the �mprovement of 81st Avenue from University to Ma�n Mr. Qureshi stated they have a request from both Mr. Flanagan and Mr. Schroer who constitute 50% of the property owners. Mr. Qureshi stated he felt strongly the road should be completed to Rancher's Road, but to hold the heartng to see if it should proceed further. MOTION by Councilwoman Moses to adopt the above resolutions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ISI Mr. Qureshi, City Manager, stated this is the program the City has to sealcoat all streets every five years, �f it is needed. MOTION by Councilman Schneider to adopt Resolution No. 51-1980. Seconded by Councilwoman Moses. Upon a voice vote, all votrng aye, Mayor Nee declared the motion carr�ed unanimously. � � � � � REGULAR MEETING OF MAY 19, 1980 RESOLUTION N0. 52- PAGE 8 E APPARATUS SPEC. #FD 80-1- Mr. Aldrich, Fire Chief, stated he felt this equipment for the Fire Department would cost from $85-$90,OD0, instead of the cost anttctpated at budget t�me of $75,000. Mr. Aldrich stated some of the paid and volunteer members of the Fire Depart- � ment worked on the specificat�ons, which he has reviewed, and felt an earnest effort was made to hold down the cost of this equipment. He stated some new technology was incorporated and they also tried to come up with a higher safety factor for the persons operating this machinery. � � Mr. Aldrich stated some of the paid and volunteer members of the Fire Depart- ment worked on the speciftcations, whtch he has reviewed, and felt an earnest effort was made io hold down the cost of this equipment He stated some new technology was incorporated and they also tried to come up with a higher safety factor for the persons operat�ng this machinery Mr. Aldr�ch stated the untt this equipment would replace is 37 years old and they are looking at a minimum of 20 years of full service frorri the new equip- ment, with 10 years use as a spare. MOTION by Councilman Schneider to adopt Resolution No. 52-1980 Seconded by Counctlwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried una m mously. RESOLUTION N0. 53-1980 TO ENTER INTO AN AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE INSPECTION SERVICES: Mr. Aldrich, Fire Chief, stated this Fire agreement represents a real benefit to the City in that the City becomes the benefactors for people involved in f�re inspection work. He stated the City, in turn, must agree to tnspection of the hotels and motels in Fridley. He feli the school where ihe inspector receives thts trai m ng is one of the best on codes and enforcement MOTION by Councilman F�tzpatrick to adopt Resolution No. 53-1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unan�mously RESOLUTION N0. 54-1980 TO DISPOSE OF CERTAIN EXCESS PROPERTY: MOTION by Councilman Fitzpatricl< to adopt Resolution No. 54-1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unantmously. CONSI�ERATION OF ISSUANCE OF ENTERTAINMENT LICENSE TO CANTERBl1RY PUB Mr. Lenhart, the operator of the Canterbury Pub, appeared before the Council regarding his entertainment l�cense. Mayor Nee stated the Poltce Department has recommended the entertainment license not be renewed based on convictions of v�olations of City ordinances. Councilwoman Moses questioned violations regardtng teenagers drtnking in his esta6lishment. Mr. Lenhart stated this was not true and he has two men hired to check �dentifi cations. He stated police off�cers did come into his establish- ment, but didn't check tdentifications. Councilwoman Moses questioned his violation of Section 706 04 of Ordinance No. 644, as she felt this is the basis for denial of the entertainment license. Mr. Lenhart stated he went to court on these violations and was given the chance to clean up the act. Mayor Nee stated Council members have seen photographs taken on two different dates regarding the violations. -r ,_�U REGULAR MEETING OF MAY 19, 1980 PAGE 9 Mr Herrick asked Mr. Lenhart if �t was his position that the entertainment provided at his establishment does not violate the provisions of the ord7nance. Mr. Lenhart stated not now, since he went to court in April. Mr. Herrick stated the dates the violations the Poltce Department refers to are December 3 and April 7. Mr. Lenhart stated there were no convictions on April 7. Mayor Nee stated April 7 was only a surve�llance by the Police Department. Mr. Herr�ck stated he felt the Council would have several alternatives either to deny the l�cense or to suspend it for a certain period of t�me. Councilman Barnette asked Mr. Lenhart if the entertatnment license was denied, if he would conttnue to operate w�th the food and liquor. Mr. Lenhart stated no food is served. Mayor Nee asked Mr. Lenhart if the Council could get an agreement there wouldn't be any violat�ons of the entertainment license. Mr. Lenhart stated they already have as he is on porbat�on for s�x months. Mr. Herrick asked what he was told by the �udge in court. Mr. Lenhart stated as long as there were no more instances, the charge would be dropped in stx months. Mr. Qureshi stated if it is the desire of the Council to get more data, this �tem could be continued to the next meeting. MOTION 6y Councilman Fttzpatrick to table this ttem to the next Counc�l meeting on June 2, 1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. In view of the fact the entertainment license would expire, the following t�ction was taken. MOTION by Councilwoman Moses to extend the entertainment license for the Canter- bury Pub to the next Council meetin9 on June 2, 1930. Seconded by Councilman F�tzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES. MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on ftle in the License Clerk's Office. Seconded by Counctlwoman Moses. Upon a vo�ce vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously CLAIMS MOTION by Councilwoman Moses to authorize payment of Claims No. 108522 through 136Z03. Seconded by Councilman Schneider. Upon a voTCe vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. ESTIMATES: MOTION by Councilman Schneider to approve the est�mates as subim tted. Smith, Juster, Fe�kema, Malmon & Haskvttz 1250 Bu�lders Exchange B1dg. Mpls., Minn. 55402 For legal services rendered as Prosecutor during Apr�l, 1980 Taile, Herrick & Munns 316 East Main Street Anoka, Minn. 55303 For legal services rendered as City Attorney during the month of April, 1980 $ 2,340.00 $ 4,271.60 � ' L__J r a_ i .i REGULAR MEETING OF MAY 19, 1980 ESTIMATES (continued) Halvorson Construction 4227 - 155th Avenue N. E. Wyoming, Minn. 55D92 PAGE 10 Partial Est. #2 - 1980 Mtsc. Concrete Curb & Gutter Contract $ 1,230.00 � Seconded by Councilman Barnette Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � ADJOURNMENT: MOTION by Councilman Barnette to ad,7ourn the meeting Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Frtdley City Council of May 19, 1980 ad,7ourned at 10:12 p.m. Mayor Nee stated the Council would be meeting with the Energy Commission and the meeting was open for anyone who wished to attend. Respectfully submitted, � ; � �j �, .�,' ' C� ,--� L, �� �����-- 8��'G�u'�-- '� � �'` �'- Carole Haddad William J. ee Secy. to the City Council Mayor Approved June 12, 1980