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10/17/1988 - 000105541 � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 17, 1988 The Regular Meeting of the Fridley City Council was called to order at 7:37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Counoil and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorgenson MEMBERS ABSENT: None PROCLAMATION - 50TH ANNIVERSARY COMMEMORATION OF THE NIGHT OF POGROMS: Mayor Nee read and issued this proclamation proclaiming the week of November 6 through 13, 1988 as the week of remembrance of the night of pogroms. PRESENTATION: Mr. Burns, City Manager, stated Bob Aldrich, Fire Chief, will introduce and administer the oath of office to five new paid on- call firefighters. Mr. Aldrich, Fire Chief, stated these five new volunteer firefighters have been tested, both mentally and physically, and have taken part in three live burn scenarios. Mr. Aldrich introduced Mr. Charles McKusick who was responsible for the training of these new firefighters. Mr. McKusick administered the oath of office to the firefighters and Chief Aldrich presented badges to Robert Bennek, David Larson, Kim Herrmann, Craig Gordon and Peter Ludwig. Mayor Nee and the Councilmembers and the City Manager extended their congratulations to these new volunteer firefighters. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 26, 1988: Councilwoman Jorgenson stated on Page 4, the third paragraph from the bottom, the minutes should read that the Council was in opposition to Linda Berglund's bill, not in support of the bill. �;�, �.1 �:�.z�,� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1988 PAGE 2 � MOTION by Councilman Schneider to approve the minutes with the — above correction. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared �he motion carried unanimously. COUNCIL MEETING, OCTOBER 3, 1988: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The following item was deleted from the agenda: Consideration of North Satellite Fire Station Location and the £ollowing item was added: (16) Consideration of Waiving the 60 Day Review Period for Totino-Grace's Charitable Gambling Permit. MOTION by Councilman Fitzpatrick to adopt the agenda with the above two corrections. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � OPEN FORUM, VISITORS: There was no response from the audience under this item of ' business. PUBLIC HEARING: 1. PUBLIC HEARING ON POSSIBLE REVOCATION OF A SPECIAL USE PERMIT. SP #77-04, TO ALLOW THE SALES AND SERVICE OF RECREATIONAL VEHICLES ON LOT l, BLOCK 1, PEARSON'S SECOND ADDITION, THE S A M E BEING 7701 EAST RIVER ROAD N.E., APACHE CAMPING CENTER: MOTION by Councilman Schneider 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 Nee declared the motion carried unanimously and the public hearing opened at 7:47 p.m. Mr. Aerrick, City Attorney, stated this is a public hearing regarding the possible revocation of a special use permit. He stated the hearing has been called pursuant to a notice that has been furnished to the permit holder. Mr. Herrick stated the purpose of this meeting is to consider evidence regarding whether there has been a violation of the special use permit and conditions attached to this permit. He stated all persons who are going to � give testimony will be asked to be sworn to testify the evidence they are giving is the truth. 1 ._>�`�A� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1988 PAGE 3 Mr. Herrick swore in Mr. Robertson, the City's Community Development Director. Mr. Herrick asked Mr. Robertson if he and the City staff prepared an exhibit regarding this special use permit and if copies were sent to the Mayor and City Council. Mr. Robertson stated staff had prepared the exhibit and copies were given to the Mayor and City Council. Mr. Herrick asked if copies were given to the permit holder. Mr. Robertson stated he has one available this evening for the permit holder; a copy was given to Mr. Pawelski. Mr. Herrick stated the exhibits to which he is referring are memos from staff and a number of individual attachments. Mr. Herrick asked Mr. Robertson if these records are kept and prepared under his supervision or the supervision of his predecessors. Mr. Robertson stated these records are kept on file in his department and, to the best of his knowledge, is what has happened in regard to this special use permit. Mr. Herrick asked Mr. Robertson to indicate the present status of this property, the conditions attached to the special use permit, and attempts by staff to secure compliance with these conditions. Mr. Robertson, Community Development Director, stated the property � is located at 7701 East River Road and the special use permit is for outside storage of materials. He stated this special use permit was issued by the City Council in 1977. He stated since that time, there has been a record of rather persistent violations of one or the other of the ten stipulations attached to this permit. Mr. Robertson presented four photographs of the property. ' Mr. Herrick presented these photographs to the permit holder and his legal counsel for review and to see if they had any objections to the photographs. No objections were stated, he offered them to the Council and they were received. Mr. Robertson stated the photographs show a violation of the stipulation regarding the number of trailer units displayed in front of the showroom. He presented a diagram which showed the front line of the showroom and two concrete pads. Mr. Herrick asked Mr. Robertson to summarize the problems that have existed in the past and, specifically, what problems exist at the present time. Mr. Robertson stated in the stipulations were specifically identified screening requirements correspondence on this standing signs and the mid-1979, it was noted that a number of not being followed, but these were not . He stated in 1981, the landscaping and were addressed and there was a series of issue, as well as on the display of free- number of units in front of the building. ' � � i .yl r�„� FRIDLEY CITY COUNCIL MEETING OF OCTOHER 17, 1988 PAGE 4 He stated the permit holder promised to come into compliance, but it was not until 1986 that a final agreement was reached for landscaping. He stated durinq that time, there was consistent violations on the number of units to be displayed in front of the building and these violations continued into 1987 and 1988. Mr. Robertson stated there is also a general overcrowding of the lot to the point where there are trailer units blocking the driveway. Mr. Herrick asked if these conditions exist at the present time. Mr. Robertson stated the conditions still existed as of 1 p.m. today when the site was inspected. Mr. Robertson stated the photograph identified as No. 4 was taken on October 14, 1988 and the site is essentially the same today. He stated the photographs Exhibits No. 5 and 6 were taken on August 3, 1988 which show at least two units in front of the building on the south side. He stated photograph Exhibit No. 7 was taken on June 20, 1984 and shows several units in front of the building. Mr. Herrick asked Mr. Robertson if persons from his department have recently communicated with the permit holder in an attempt to secure compliance with the conditions of the special use permit. Mr. Robertson stated the last contact of record was on August 3, 1988 and there had been almost monthly contact with the permit holder through the summer months. Mr. Herrick stated the permit holder and his legal counsel was present and asked if they had any questions. Mr. Pawelski stated he is one of the partners of the Apache Camping Center. He stated he felt they were in compliance because they did move the trailer units. He stated photographs No. 5 and 6 show the side view of a trailer and back view of another trailer which is right next to their window. He stated the one unit in the side view is part of the two trailers they requested be allowed in 1977. He stated they are going by an imaginary line with the building and the trailers have been moved approximately six feet forward and he thought they were in compliance. Mr. Robertson stated all one has to do to determine if they are in compliance is to siqht along the front edge of the building, to see if any units protrude and this is obvious. Mr. Pawelski stated in his eyes, the trailers have been moved, however, they have to figure out where the city wants them moved. Mr. Amundson, Mr. Pawelski's partner, stated Kathy Castle from the City staff was at their camping center last Tuesday and was advised the trailers had been moved, but she did not comment. Mr. Herrick asked Mr. Robertson if, from his observations today, � � � �Y�1 ��� FRIDLEY CITY COUI�ICIL MEETING OF OCTOSER 17, 1988 PAGE 5 there were more than two trailers in front of the building. Mr. Robertson stated there certainly is more than two trailers in front of the line of the building. Mr. Pawelski stated the trailers were moved 3D days ago and no one indicated they were not moved far enough. Mr. Herrick stated the question is if they are in compliance with the special use permit and as of today, they were not. Mr. Pawelski asked how far he had to move the trailers in order to be in compliance. Mr. Robertson stated you should not be able to see more than two trailers when you stand and sight along the front edge of the building. Mr. Amundson stated that would place the trailers in the middle of the gate. Mr. Pawelski stated it virtually would mean all the trailers would have to be removed. Mr. Herrick stated there should not be a problem determining whether the units are across the line and if they are, it is a violation. Mr. Robertson stated correspondence in the file continually addresses this problem of the number of trailers parked in front of the building. Mr. Pawelski stated he knew what was requested when this permit was issued, but he questions why six feet is such an issue. He stated it is an imaginary line. Mr. Herrick stated when this special use permit was granted, it was granted based on conditions or certain stipulations. He stated there have been complaints that he is not in compliance. He stated it is the City's position these conditions have to be met and if they are not met, the permit should be surrendered or amended. He stated the reason the City has attempted to obtain compliance is so Mr. Pawelski is not in violation of the law. Mr. Pawelski stated when the permit was issued and they agreed to two units displayed in front of the showroom, things were different as far as the units themselves. Mayor Nee stated he would be interested in the changes Mr. Pawleski has had in his business. Mr. Pawelski stated he had tent and travel trailers, slide-in campers, and fifth wheels. He stated he now handles park model trailers. He stated this is a semi-permanent recreational vehicle about 38 by 12 feet in size. ' � ' �1�.,�r _�V FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1988 PAGE 6 Mayor Nee asked the percentage of Mr. Pawelski's sales in each of these areas. Mr. Pawelski stated about 6D to 75� of his business involves the sale of park trailers. Mayor Nee stated site. He stated him to stay in permit. there is a lonq history on file regarding this Mr. Pawelski indicated it was not feasible for business under conditions of this special use Mr. Pawelski stated he was contacted sometime around May by either Kathy Castle or Jim Robinson. He stated he contacted his neighbor, Mary Martin, and explained their situation and if he could sell the trailer units, he would make the changes. He stated Ms. Martin indicated this was acceptable to her. Mr. Pawelski stated he did not sell the units and Kathy Castle came out and he advised her they would move the trailers which he has done. Councilman Schneider advised Mr. Pawelski that there has been correspondence regarding this problem dating back to 1985. He questioned Mr. Pawelski why he could not comply and keep in compliance with the law. Mr. Pawelski stated they need more stock as these trailers are one of a kind. He stated they do store some trailers at the other lot on 37th Avenue in Columbia Heights. Councilwoman Jorgenson asked Mr. Pawelski when he received the correspondence, if he ever thought about requesting a change in the special use permit. Mr. Pawelski stated he did request a change which was denied by the Council. Mr. Herrick suggested possibly installing a fence or curb that would delineate the area where the trailers may be parked. Mr. Pawelski stated the actual line has to be determined. Mr. Herrick stated someone could actually stake it, if there is a question on the location of the line. Mayor Nee felt Mr. Pawelski has too many trailers on the lot. Mr. Pawelski stated customers would not purchase these trailers by just looking at a picture. Councilman Fitzpatrick stated he felt this is a situation where the special use permit was issued for one business and it is now being used for a different purpose. Councilman Schneider stated in order for Mr. Pawelski to operate his business, he needs more outside storage than the special use ' � ' �..,i'� � � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17. 1988 PAGE 7 permit stipulations allow. He stated if those stipulations are not amended, Mr. Pawelski's present business location would be too small to continue to operate his business. Mr. Pawelski the type of prohibited. stated he agrees with Councilman Schneider, but for business he operates, the cost to relocate is Councilwoman Jorgenson asked if there is any way Mr. Pawelski could limit his line of recreational vehicles and remain in business and abide by the stipulations of the special use permit. Mr. Pawelski stated he did not think there was any way to accomplish what Councilwoman Jorgenson has suggested. He asked if there was a way to let the other units protrude. Mrs. JoAnn Myers, 132 Stonybrook Way, stated going back in history before Mr. Pawelski located his business on this site, there was a pool center which caused prohlems for the neighborhood. She stated Mr. Pawelski's business is quiet and she did not see any difference if two or four trailers were parked in front. She stated if you want to sell trailers, people have to be able to see them. Mrs. Myers stated the landscaping would also have to be controlled so as not to obstruct visibility for the traffic on East River Road. She stated she has no problem with Mr. Pawelski's operation at this site. Mrs. Myers stated Fridley is becoming an older community and viable businesses should be kept to contribute to the City's tax base. Mrs. Myers stated she knows Mary Martin does not share her position and that she has voiced her concerns in the past. Councilman Billings stated this item is not before the Council at Mary Martin's request. He stated it is a request from the staff and, to the best of his knowledge, there has been no contact with Ms. Martin relative to this permit since 1986. He stated she is not the person who instigated this public hearing. Mrs. Myers stated not long ago, in personal conversations, Mary Martin did complain to her. She stated she knows this is something that has bothered her. Ms. Pat Webb, 146 Stonybrook Way, stated from the way the trailers are parked, you cannot see them from East River Road. She stated Mr. Pawelski is helpful to people who live in the community and he wants to remain in business in Fridley. She felt the residents and City are fortunate to have Mr. Pawelski and his business in the community. Councilwoman Jorgenson stated the problem is Mr. Pawelski is not adhering to the stipulations and under the law he is not legal. She stated the City holds other businesses responsible for abiding ��r_� 1.8 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1988 PAGE 8 ' by certain stipulations. Councilwoman Jorgenson stated any changes in the stipulations would need to be initiated by Mr. Pawelski. Ms. Webb stated if Mr. Pawelski leaves, they may not get another business which is acceptable to the neighborhood. She stated the residents are satisfied with the manner in which Mr. Pawelski operates his business. Mayor Nee stated everyone of the commercial and industrial areas in Fridley would like to use more of their property and have a higher density of lot coverage. He stated the reason the areas are attractive is due to the City's insistance on setback requirements, green spaces, and berms which characterizes these areas. Mrs. Myers stated she felt there should be some solution to the problem. She stated, legally, she can see the Council's point. She stated there is a lot of room in front of Mr. Pawelski's building. Mrs. Myers stated customers of Mr. Pawelski use 77th so East River Road is not affected by this business. Mr. Sack Dunphy, 155 Stonybrook, stated Mr. Pawelski's business is clean and quiet. He felt if the property is not used for this ' business, apartments may be constructed which would add more traffic and noise to the neighborhood. Councilman Billings stated this property is not zoned for multiple units and there has been no request for a change in the zoning. Mr. Dunphy stated for the best use of the property, it would be natural to have apartment buildings. He stated the zoning could change and apartments constructed and he would prefer this business. Councilman Fitzpatrick stated the stipulations contained in this special use permit were for the protection of the residents on Stonybrook Way. Mr. Dunphy stated the stipulations seemed appropriate at the time the special use permit was issued, but it has been proven that the residents can live with this business and perhaps the situation should be reviewed. He stated there are many other businesses that could be located on this site which may not be acceptable to the neighborhood. Councilman Fitzpatrick stated the Council has not had persons coming forward before stating they do not mind this business and would like to see it accommodated. , Mayor Nee felt Mr. Pawelski could remain in business and not encroach on the front yard setback but may have to limit his stock. �r � 19 FRIDLEY CITY COUNCIL MEETING OF OCTOHER 17, 1988 ___ PAGE 9 ' Councilman Schneider asked the residents if someone from Apache Camping Center approached them to appear before the Council at this hearing. The residents stated they had received a letter from the City and read about it in the Fridley Focus. Mr. David Larson stated he was representing the owner of the property, Hope Thompson, widow of Jack Thompson. He stated he felt compelled to inform the Council that these people are good tenants. He stated they run a clean, quiet operation and felt it was a good business for the City. He stated it would be a real hardship on Mrs. Thompson if the City revoked the special use permit. Mr. Larson stated there has to be some reasonable solution and compromise and hoped this could be worked out. Mr. Jim Nelson, attorney for Mr. Pawelski, stated he was involved in this matter back in 1986. He stated it seems since that time, a lot of the problems have been resolved. He stated it seemed to him the neighbors were concerned about how many trailers were in front on the green area and there were specific concrete pads on which they were to be placed. Mr. Nelson stated it is his understanding that Mr. Pawelski was not attempting to display additional units, but merely having them stored on the premises so they would be available if someone wanted to see one. He stated ' they were pulled up behind the units so they were not visible to persons coming down East River Road. He felt the neighbors objected to units on the front lawn. Mr. Larson stated maybe Mr. Pawelski violated the letter of the law, but was not sure he violated the spirit of the law. He stated if they need an imaginary line that is something they have to live with. He felt Mr. Pawelski and his partner have complied with the other stipulations of the special use permit. Councilman Billings felt if Mr. Pawelski was trying to cooperate he should have responded to the City's requests of March 31, April 1, June 4, June 27 and July 19, 1988. He stated it took until September for the trailers to be moved. Mr. Pawelski stated the first letter he received in March was due to a complaint from a concerned citizen or was what he was told. He stated he contacted Mary Martin as he felt she was the one who had made the complaint and told her of his plans. Mayor Nee stated Mary has not talked to him for several years regarding this item. He stated this really is not an issue between Mary Martin and Mr. Pawelski, but between the City and Mr. Pawelski. Councilman Schneider stated his concern is why Mr. Pawelski has � not responded to the City's correspondence. Mr. Amundson stated he felt they were to please the neighborhood L� ' � �:���2fl FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1968 PAGE 10 which was being accomplished when they contacted Mary Martin. Mayor Nee stated every special use permit that has been issued has stipulations attached and felt the Council's credibility is the willingness to enforce these stipulations throughout the City. He stated there has been discussion about a compromise, however, the Council normally does not make a decision when the public hearing is held. Mr. Herrick stated Council can consider the testimony and exhibits and direct staff as to their wishes. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9;13 p.m. RECESS: A recess was called at 9:13 p.m. by Mayor Nee. RECONVENED: Mayor Nee reconvened the meeting at 9:22 p.m. were present. NEW BUSINESS: All Councilmembers 2. CONSIDERATION OF NORTH SATELLITE FIRE STATION LOCATION: This item was deleted from the agenda. 3. RECEIVING PETITION NO. 19-1988 FROM ORTHOPEDIC SURGEONS REQUESTING WATER, SANITARY SEWER, STORM SEWER AND STREET IMPROVEMENTS FOR UNIVERSITY AVENUE WEST SERVICE DRIVE AND FOR AGREEING TO WAIVE THEIR RIGHT TO A PUBLIC HEARING AND FOR AGREEING TO PAY THEIR SHARE OF THE ASSESSMENTS FOR THE IMPROVEMENTS• MOTION by Councilman Fitzpatrick to receive Petition No. 19-1985. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVING PETITION NO. 18-1988 FROM WILLIAM BARTRAM AND WILLIAM BARBUSH REOUESTING WATER. SANITARY SEWER, STORM SEWER AND STREET IMPROVEMENTS FOR UNIVERSITY AVENUE WEST SERVICE DRIVE AND FOR AGREEING TO WAIVE THEIR RIGHT TO A PUBLIC HEARING AND FOR AGREEING TO PAY THEIR SHARE OF THE ASSESSMENTS FOR THE IMPROVEMENTS: MOTION by Councilman Fitzpatrick to receive Petition No. 18-1988. '.i�� n +] ��.1 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17, 1988 PAGE 11 � Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION NO. 95-1988 RECEIVING THE PRELIMINARY REPORT AND RECEIVING PETITIONS AND WAIVING THE PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: WATER SANITARY SEWER, AND STORM SEWER PROJECT N0. 183: MOTION by Councilman Fitzpatrick to adopt Resolution No. 95-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimouslye 6. RESOLUTION NO. 96-1988 ORDERING IMPROVEMENT AND FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: WATER, SANITARY SEWER AND STORM SEWER PROJECT NO. 183: MOTION by Councilman Fitzpatrick to adopt Resolution No. 96-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nea declared the motion carried unanimously 7. RESOLUTION NO. 97-1988 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: WATER, SANITARY SEWER AND STORM SEWER PROJECT NO. 183: � MOTION by Councilman Fitzpatrick to adopt Resolution No. 97-1988. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 98-1988 ORDERING PRELIMINARY PLANS. SPECI- FICATIONS, AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST 1989 - 2: MOTION by Councilman Fitzpatrick to adopt Resolution No. 98-1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF APPROVING AN AGREEMENT TO TERMINATE THE CONTRACT WITH J& 0 CONSTRUCTION FOR THE 1988 MISCELL�ANEOUS CONCRETE CURB. GUTTER AND SIDEWALK PROJECT: MOTION by Councilman Billings to approve the agreement to terminate the contract with J& O Construction for the 1988 miscellaneous concrete curb, gutter and sidewalk project and authorize final payment in the amount of $1,558.93. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF RECEIVING AND REVIEWING THE 1989 BUDGET OF � THE NORTH METRO CONVENTION AND TOURISM BUREAU: Mr. Hunt, Assistant to the City Manager, stated this budget was to � L J ' �a��'�:;� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 17 1988 PAGE 12 be submitted to the Council for review before October, however, there was not a quorum at the September meeting of the North Metro Convention and Tourism Bureau so it could not be submitted until this time. Mr. Charles Cook, Executive Director of the North Metro Convention and Tourism bureau, stated the 1987 budget was $247,000; the 1988 budget was $211,000 and the 1989 hudget is about $250,000. He stated they are proposing more advertising in 1989. He stated the budget is on the low side and could go as high as $260,000 to $270,000 because of the new property in Brooklyn Park. Councilman Schneider stated �he owner of the Sunliner Motel questioned how the North Metro Convention and Tourism Bureau was assisting him in his business. He asked if this issue had been settled. Mr. Cook stated, as an example, the revenue to the Bureau in October was $26,300 of which $300 was revenue from the Sunliner. He stated the law is poorly written, but the intent was if a City passed the law, all motels and hotels in the city would participate. He stated the only exceptions are Minneapolis, St. Paul and Duluth and there is concern by the Bureau if there are any exceptions, it could set a precedent that may create a problem statewide. Councilman Schneider stated the Sunliner's owner felt he was not sharing in the benefits. Mr. Cook stated the owner of the Sunliner has admitted that he has received business through the Bureau. He presented an advertising brochure which showed that the Sunliner Motel is receiving equal billing as the other motels. Mr. Kirk Hart, Chairman of the Board of the North Metro Convention and Tourism Bureau, and owner of the Starlite Motel in Hilltop, stated his revenues were down 25°s in September from a year ago. He felt the Chamber of Commerce and the North Metro group has done everything possible to increase tourism. MOTION by Councilwoman Jorgenson to receive the 1989 budget of the North Metro Convention and Tourism Bureau. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 99-1988 AUTHORIZING EXECUTION OF A REVISED CONVENTION AND TOURISM AGREEMENT: Mr. Hunt, Assistant to the City Manager, stated this resolution authorizes execution of a revised North NTetro Convention and Tourism Bureau agreement which would enable either party to ' � ��+i��:3 FRIDLEY CITY COUNCTL MEETING OF OCTOBER 17. 1988 PAGE 13 withdraw from the agreement effective December 31 of the year following notice of withdrawal. He stated it was felt this would give both parties ample time to adjust to the decision. He stated the other changes were several typographical errors. MOTION by Councilman Schneider to adopt Resolution No. 99-1988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RECEIVING THE MINUTES OF THE CATV ADVISORY COMMISSION MEETING OF SEPTEMBER 15, 1988: MOTION by Councilman Schneider to receive the minutes of the Cable Telelvision Commission meeting of September 15, 1988. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. CLAIMS: MoTION by Councilwoman Jorgenson to authorize payment of Claims No. 22805 through 23031. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. LICENSES: MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. ESTIMATES' MOTION by Councilwoman Jorgenson to approve the estimates as submitted: H & S Asphalt, Inc. 170o Industry Ave. Anoka, MN 55303 Street Improvement Project No. ST. 1986 - 1& 2, Phase 2 FINAL ESTIMATE . . . . . . . . . . . . . . . . $26,399.18 Sunde Land Surveying 9001 E. Bloomington Freeway Bloomington, MN 55420 Lake Pointe Corporate Center ' Partial Estimate . . . . . . . . . . . . . . $ 765.50 ' ' � �r� r r� �� FRIDLEY CITY COUNCIL MEETING OF OCTOHER 17. 1988 PAGE 14 C.S. McCrossan, P.O. Box 1240 Maple Grove, MN Inc. 55369 Street Improvement Project No. ST. 1988 - 1& 2 Estimate No. 6 . . . . . . . . . . . . . . . $60,026.04 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. CONSIDERATION OF WAIVING 60 DAY REVIEW PERIOD FOR CHARITABLE GAMBLING PERMST FOR TOTINO-GRACE: MOTION by Councilwoman Jorgenson to waive the City's 60 day review period for the gambling permit for Totino-Grace. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 17, 1988 adjourned at 9:40 p.m. Respectfully submitted, ���-c,v� %�^�L�l,[-,�— Carole Haddad Secretary to the City Council Approved: �� �? ( y�� �� r / ^ C/-'u�a*.� _l_' � ` i/ William J. Nee Mayor