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02/06/1978 - 00014271� THE MINllTES OF THE REGULAR MEETING OF TIIE FRIDLEY CITY COUNCIL 0� FEBRUARY 6, 1978 The Regular Meeting of the Fr�dley City Council was called to order at 7:34 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Alleqiance to the Flag. ROLL CALL MEP�BERS PRESENT MEMBERS ABSENT Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider and Counc�l- man Barnette None PRESENTATION OF AWARD - EDWARD DUNN. Mr. Dunn was not present to receive the certificate of appreci- ation for his services as a member of the Cable Television Com- mission Mayor Nee requested the staff to forward th�s certif- �cate to Mr. �unn with the Counctl's appreciation. APPROVAL OF MINUTES: PUBLIC HEARING MEETING, JANUARY 16, 1978. MOTION by Councilman Hamernik to approve the m�nutes of January 16, 1978 as presented. Seconded by Councilman Barnette Upon a � voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR COUNCIL MEETING, JANUARY 23, 1978: MOTION by Councilman Schneider to approve the minutes of January 23, 1978 as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. ADOPTION OF AGENDA: Mayor Nee requested two items be added: (1) Appointment of a Naturalist and �2) Consideration of Licenses for the Canterbury Pub. MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. OPEN FORUM, VISITORS• Mr. Ed Wilmes appeared before the Council and advised them that the Anoka County Mrs. Jaycee's Benefit w�ll be held on February � 25, 1978 at the Anoka Ramsey Community College in Coon Rapids. 'He stated the tickets will be selling for -010 each, with the proceeds from th�s benefit going to the Islands of Peace Found- — ation. Mr. Wilmes also stated there will be an announcement shortly re- garding the sale of f�rewood which the Council authorized the Islands of Peace Foundation to sell. He stated that some of the wood has been given to elderly and handicapped persons. Mayor Nee thanked him for submitting this information to the Council. REGULAR MEETIIVG OF FEBRUARY 6, 1978 PAGE 2 OLD BUSINESS: ORDINANCE N0. 669 FOR ZONING ORDINANCE AMENDMENT ZOA #77-05, BY R.C.E., CORPORATION, TO REZONE FROM C-2S TD C-1; 7899 EAST MOTION by Councilman Fitzpatrick to waive the second read�ng of Ord�nance No. 669 and adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO 1_ CE AMENDMENT ZOA #77-04 CONSIDERATIDN OF APPROVAL OF LOT SPLIT L.S. #77-14, SUNDIAL REALTY CDMPANY. AND CONS XECUTION OF AGREEP+IENT BETWEEN SUNDIAL REALTY PPS SR. AN� CITY OF FRIDLEY: Mr. Sobiech, Public Works Director, stated the rezoning was re- quested in order to construct a real estate office on this parcel of property. He stated, �n con,7unction with the rezoning, a lot split is needed to d�v�de this parcel from larger piece of prop- erty for a bu�ld�ng site. Mr. Sobiech stated, at the �anuary 23, 1978 Council meeting, first reading was given to the ordinance to rezone the property and staff was dtrected to prepare an appropriate agreement to insure proper development of the property. Mr. Sobiech reviewed the six items covered �n the agreement which provides certain lim�tat�ons regarding the use of the rezoned property and the petitioner agrees not to request any special use permits once the property is rezoned. The agreement further ind�cates the parcel will be developed into a real estate office, accord�ng to plans submitted. There will be a park fee in the amount of �380 and the petitioner agrees to g�ve the City an easement, for future extension of Polk Street, and agrees to pay their share of the assessments for extension of Polk Street. Councilman Schneider stated it was his understanding they agreed to pay for the assessment at the front foot rate and questioned �f this was Mr. Villella's understanding. Mr. Jim Uillella stated th�s also was his understanding. Mr. Sob�ech stated, to clarify this item, No. 6�n the agreement should contain the words "for front footage assessments" after the word "pol�cy", and the Council was requested to make this change in the�r copies of the agreement. 1 1 MOTION by Councilman Schnetder to authorize the Mayor and City Manager to execute th�s agreement between Sundial Realty and the City of Fridley. Seconded by Councilman Fitzpatrick. Upon ' a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. MOTION by Counc�lman Schneider to waive the second reading of Ordinance fdo. 670 and adopt �t on the second readiny and publ�sh. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. MOTION by Councilman Schneider to grant Lot Split #77-14 to Sundial Realty. Seconded by Councilman Barnette. Upon a voice � � REGULAR MEETING pP PE6RUARY 6, 1478 PAr,E 3 vote, all vot�ng aye, Mayor Nee declared the motion carr�ed un- animously. NEW Bl1SINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTIO SE5 OR VIOLATIONS THEREOF. AND AMENDING CHAPTER Mayor Nee stated this ordinance would require bingo operators to donate a mtn�mum of 8% of their gross rece�pts to lawful purposes as set forth �n Minnesota Statutes, Chapter 349.12, Subdivision 6 and would change the annual license fee to �250 per year and prov�de for a special four day l�cense at a cost of $25. MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon first reading. Seconded 6y Counc�lman 6arnette. Mr. Herr�ck, City Attorney, felt the minutes should show that the 8% is the minimum contr�bution and by contr�but�ng th�s amount, it doesn't mean the b�ngo operators can use any surplus monies as they choose as they are still governed 6y ord�nances and State Statutes. Mr. Herr�ck felt th�s should 6e understood by the organizations present, and the Council, so that there tsn't any dispute in the future as to what are their requ�rements. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTABLISHING CHAPTER 220, OF THE FRIDLEY CITY CO�E, ENTITLED RESI�ENTIAL E Mr. Sob�ech, Public Works Dtrector, stated the purpose of the ordinance and the �ntent of the code is to review all mainten- ance of various residential structures in the City, particularly those on a rental basis. He stated the code allows for inspection by City personnel of inechanical and physical facilities of res- idential dwellings in the City. He stated, if complaints are received from citizens, the City wtll respond and review the property He explained the City has the right to process a compliance order where �tems are not �n compliance with the code He felt confident the ordinance will allow the City to upgrade res�dential facilit�es, particularly those that might have maintenance problems. Mayor Nee questioned the written enforcement poltcy. Mr Sobiech stated this would be available at the second reading of the or- dtnance. Mr Alex Barna, 560 Hugo Street, asked how a landlord would determine if his property meets the code. Mr. Sobiech stated, with the enforcement program, eventually ' the C�ty will be V�siting all rental properties He indicated they would provide notices, through the City newsletter and local paper, that the City does have this maintenance code Counc�lman Schne�der questioned the word "or" on Page 4F, Item 7, Line 2 and felt this should be changed to "and" MOTION by Councilman Schneider to waive the reading and approve the ordinance upon f�rst reading. Seconded by Councilman Barnette. Upon a votce vote, all voting�aye, Mayor Nee declared the motion carried unanimously. �. REGULAR i�IEETING OF FEQRUARY 6, 1978 PAGE 4 Counc�lman Schneider also po�nted out there are other problems not covered �n the ordinance regard�ng the outs�de areas of dwellings. Councilman Fitzpatrick stated the to the interior of the dwellings at some future date, address the dwellings. ordinance addresses ttself only and believed the Council should area of the outside of the RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 25, 1978: SUPERAMERICA, SP �77-17, 5667 UNIVERSITY AVENUE N.E.: Mr. Sobiech, Public Works Director, stated this is a request for a special use permit to allow constructton of a Superamerica station and convenience store at the southeast corner of 57th and Untversity AVenues. Ne stated a public hearing was held be- fore the Planning Commisston and they recommended den�al based on certain concerns such as the traffic flow and pattern, the hours of operation and the noise, lighting and screening requ�re- ments. Mr. Sobiech presented a rev�sed drawing indicating the site plan for layout of the area. He stated the exist�ng building on the site would be demolished and new fac�lities constructed more to the southeast. He stated the plan has been revised for the driveway openings and they are now requesting two driveway open- ings off the service drive, together with a driveway opening on 57th Avenue. Mr. Holt introduced Mr. John Hogenson and Mr. Les Feilmeier, Superamerica representatives, who reviewed their plans w�th the Council. Mr. Jack Anderson, Traffic Engineer for Superamer�ca, stated they would consider some kind of signing at the entrance to show their customers the best way to exit out of the parking lot. He also stated arrows painted on the pavement would assist in directing the customers. P1r. Carl Paulson, 430 57th Place, questioned the provis�ons for parking. Mr. Anderson stated the parking stalls are arranged to satisfy the requirements of the ordinance. He explained that a 24 hour Superamerica store has no more traffic than a 16 hour convenience market. Councilman Hamernik questioned the proposed lighting. Mr Hogenson* '�stated they will have high pressure mercury type fix- tures under the islar�d canopy and �t will be strictly downward lighting. Mr. Feilmeier stated they are willing to work with the residents and Council regarding the hours of operation and would shorten their hours. Mrs. Grace Mathisen, 348 - 57th Place, stated she has lived on that corner a number of years and stated the traffic doesn't proceed how they think it will and that she has many persons us�ng her driveway �n order to turn around. Mr. Paulson stated there �s heavy traffic on 57th as persons come off University and proceed to the restaurants to the north of 57th. Mr. Anderson stated anything under 2,000 veh�cles would be con- sidered a l�ghtly traveled street and figures show less than that or about 1,448. He stated, however, you would have some peak per�ods which occur. *As amended 2/27/7£ ' 1 ' REGULAR MEETING OF FEBRUARY 6, 1978 PAGE 5 Mr. Fetlmeier explalned they plan to spend approx�mately $250,D00 for construct�on of the store and felt �t would be someth�ng the residents and commun�ty would be proud of. He po�nted out all the residents to the east of th�s site now have to cross Un�vers�ty for their da�ly 9rocery needs and with construction of their store, they would be in walking distance. � Councilman Hamernik questioned what Superamer�ca representat�ves would consider reasonable operating hours. Mr. Feilmeier stated 6 a.m. to 12 midnight would be acceptable w�th a shorter day on Sunday from 7 a.m. to 11 p.m. He felt they are flexible and the hours of operation could be worked out. � Councilman Hamernik quest�oned what advertising signs they would have. Mr. Feilmeier stated they would adhere to the requirements of the City for outdoor stgns, and as far as ins�de s�gns, they wouldn't plaster the�r windows with anyone else's s�gns and what signs they had would be mtn�mal and in good taste. , Mr. Hogenson* presented some photos of their other stores and stated, basically, th�s store would be the same as far as sign- �ng. Councilman Fitzpatr�ck required. Mr. Hagenson* are required and there it would take care of a since a lot of business ceiving service. quest�oned the num6er of parking spaces stated 15 off-street parking s�aces — are six parking spaces at the islands so good share of the park�ng requirements is done wh�le vehicles are parked re- Councilman Barnette questioned, if the hours of operation were cut 6ack, �f the persons who signed the petition against the special use permit would be more acceptable to this business. Mr. Carl Paulson stated there are other factors involved, but felt a 10 p.m. closing would be beneficial to the ad�acent restdents. Mr. Gordon Jorgenson stated he was speaking for persons who live in the apartment bu�lding which ts immediately adjacent to the east of this site. He stated he ta7ked with all the tenants of his build�ng regarding Superamerica's plan, and they would prefer not to have the store at all. However, if the hours of operation were cut, obviously, it would be better than an all- night operation. Counc�lman Barnette asked tf there was a significant difference in the noise and traffic since the gas station, which was pre- v�ously located on this stte, had closed. Mrs. Mathisen stated there has been a great deal of d�fference stnce the gas station closed and further po�nted out that this statton had not operated on long hours. She felt the set-up at this site is not feasi6le for the type of operation proposed by Superamerica. Mr Feilmeier stated the Phillips 66 gas station which had oper- ated on this site had some old equipment which generated noise. He expla�ned the equipment they w�ll be using is electronic and ' no noise is involved. He stated any noise would come from vehicles starting. Mr. Feilmeier stated he did sympathize w�th Mrs. Mathisen's situation and they would do anything to keep their traffic out of her dr�veway. Councilman Hamernik explained the zonin9 is correct for the type of operation proposed by Superamerica, however, the City requires a special use permit, when a gas stat�on is involved. He stated the Council is �n the position of having a request for a spec�al use permit, and a petition from area residents and property owners, that they are not in agreement with this request. He stated, however, it is up to the Council to substant�ate val�d reasons to deny the spec�al use permit. *As amended 2/27/78 �, REGULAR MEETING OF FEBRUARY 6, 1978 PAGE 6 Mr. Herrick, City Attorney, stated, if a special use permit is denied, it is �ncumbent on the Council to carry the burden of proof based on evidence presented to the Council and findings of fact to establish why a service station and convenlence store should not be permitted to locate on this site. He pointed out the code prov�des that servtce stations and convenience stores can be located on this type of commercial zoning. He stated a special use perm�t is requ�red to permit the City to make findings of fact, based on evidence, that a use of a piece of property wh�ch ts acceptable �n most �nstances, �s not acceptable in the particular instance before the Counctl. He stated the City would be re- quired to make a finding that this proposed business would be detrimental to the health, safety and welfare of the community or immediate surrounding area. He stated the residents of the neighborhood have to bear in mind that this property is zoned commerc�al and owners are entitled to make a reasonable use of the property within the confines of the zoning ordinance. Mr Gordon �orgenson stated, the persons living in his apartment �mmediately ad,7acent to the east of this site, would feel an operation open 24 hours a day does interfere with their welfare by the no�se, lights and added traffic. Mr. Herrick stated, as far as the traffic no�se, the Council doesn't have any evidence that this is true. He felt if anyone th�nks there is significant traff�c noise, there should be a decibel study. Mayor Nee felt the Council is very sensitive to the petition and each member of the Council took �t seriausly. He explained, however, the pet�tion could not be given any weight in deliber- ations if this was to go to court. He stated the Council has been advised by their legal counsel that the petition isn't relevent to the defense of denying the special use permit. Mr. Paulson stated people are becoming increasingly concerned with how to best maintatn good health standards. He stated added traffic tends to dimin�sh standards of tranquility and carbon monoxtde is one of man's greatest enemies. He stated the home remains the best haven for rest and should be kept as free as possible from contaminants. He pointed out in Mr. Langenfeld's motion to recommend denial of triis request, he stated, in part, "to protect the public health, safety, and welfare; to avo�d traffic congestion or hazard or other dangers; and to promote conformity of a proposed use with the character ad,7oining property and uses" Councilman Hamern�k pointed out locate on this site, without a in essence, create more traffic Superamerica store. that a convenience store could special use permit, and could, than what is pro,7ected for the Mayor Nee quest�oned tf the traffic flow could be kept �nternally by changing the landscaping and using this area for traffic cir- culation. Mr Ariderson felt this would circumvent the signing. MOTION by Councilman Hamernik to grant SP #77-17 to Superamerica, with the following stipulat�ons: (1) Operating hours not to ex- ceed 6 a.m to 11 p.m ;(2) There should be a traffic pattern with d�rectional s�gning, as proposed by staff; (3) The layout would be as shown, with the westerly driveway that presently exists on 57th being closed; (4) Lighting on the canopy over the pumps would be directed downward to reduce the effect on adjacent 1 � 1 REGULAR MEETING OF FEBRUARY 6, 1978 PAGE 7 properties; (5) signing is to be provided on ad�oin�ng property driveways, as recommended by staff; and (6) Landscaping, screen- �ng and maintenance to be approved by staff to �nsure a well- maintained fac�lity. Seconded by Councilman Schneider Councilman Hamern�k questioned �f there would be outside storage on the property. Mr. Fetlmeier stated there would be storage , across the front of the buildtng for a d�stance of 4 feet and these items would 6e brought tnto the store at closing. Councilman Fitzpatrick stated he has a problem with the parking and didn't feel they were providing the 15 park�ng spaces. 1 � I Mr. Sobiech stated they have 8 addttional spaces, besides the parking in front of the serv�ce pumps. Mr. Qureshi, City Manager, stated service stations where they have repair service requires more parking than an operation of this nature. Mr. Paulson stated he felt the Council should deny the special use permit and let the coul^ts settle it. Councilman Schneider asked Mr. Paulson what he felt should go on this commercial property. Mr Paulson stated there were several types of businesses such as a doctor's or dentist's office or a law office. Mayor Nee stated that each one of the Council members would prefer to do what the voters want them to do and the petit�on is very convincing, but he pointed out to Mr. Paulson that he thought he would also want them to obey the law. He stated each Council member has to make a decision on whether, in their own mind, they feel a case has been made for denial. Councilman Hamernik stated he f�nds �t diff�cult in his own mind, when you have a free enterprise, to say that someone cannot go into business in the community when they meet the zontng re- quirements for this property Mr. Paulson felt the burden should be on the courts �n this case and leave the Council out of it. He stated the zoning ordinance dealing with this is narrow, o6solete and ancient. He felt some changes should be made f�rst to read,7ust the zoning ordinance so the people woul�d be protected. UPON A VOICE VOTE TAKEN ON THE ABOVE f40TI0N, all voted aye, and Mayor �Jee declared the motion carried unanimously. COMMUNITY DEVELOPMENT COMMISSION MINUTES OF �ANUARY 10, 1978 MOTION by Councilman F�tzpatrtck to concur with the recommendation of the Planning Commiss�on to discontinue the Bikeway/Walkway Pro,7ect Committee and send a thank you to the members. Seconded by Councilman Hamernik. Upon a voice vote, all votin9 aye, Mayor Nee declared the mot�on carried unan�mously. MOTION by Councilman Schnetder to receive the minutes of the Plan- ning Comm�ssion Meeting of January 25, 1978. Seconded by Council- man Barnette. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carr�ed unanimously. CONSIDERA7ION OF ACCEP ILITIES Mr. Sob�ech, Publ�c Works Dtrector, stated utilities were installed `� �. REGULAR MEETIPJG OF FEQRUARY 6, 1978 PAGE 8 by the developer within the publtc right-of-way of West Bavarian Pass in the Innsbruck v�llages Plat, according to plans and specifications prepared by the developer and approved by the City Engineering Division. He stated the City has inspected the facilit�es and recommends Counctl constder acceptance of the utilities as part of the City of Frtdley's system. Mr. So6iech stated performance bonds are tn effect until August, 1978 to insure that the facilities are �n working condition and sat�sfactory MOTION by Councilman Schneider to accept the util�ttes in West Bavar�an Pass in Innsbruck Villages Plat. Seconded by Council- man Hamern�k. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTIOfJ N0. 11-1978 AUTHORITING CHANGING THE 1977 6UDGET APPROPRIATIONS WITHIN THE GENERAL Fl1N�: Mr. Brunsell, City Clerk, explained the first part of the resolution deals w�th the 2% rebate on fire �nsurance polic�es written in the City and the second part deals w�th payment to volunteers for fire calls. lie explained the ad,7ustment in the Fire Department regarding the pensions will in no way affect the year end balance sheet, however, in the area fire calls this category was under- budgeted. MGTION by Councilman Barnette to adopt Resolution No. 11-1978. Seconded by Councilman Hamern�k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTIDN N0. 12-1978 OPPOSING HOUSE FILE N0. 1737 RELATING TO �.�r�,��,r,.,.� „� .,,,� ,,..- ,-,-�T� �,�. Mr. Brunsell, City Clerk, stated this proposed bill would provide that State A�d would go directly to PERA for the purpose of tn- creasing benefits, with no reduction �n the employer's liability. MOTION by Councilman Hamernik to adopt Resolution No. 12-1978.' Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Fitzpatrick felt information of this nature should first be 6rought to the Council's attent�on and �f it was the wish of the Council, they could so direct preparation of a resolution. RESOLUTION NO 13-1978 RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING OIV THE MATTER OF THE CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT ST. 1978-1, ADDENDUP4 �1 MOTION by Councilman Fitzpatrick to adopt Resolution No. 13-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTIOfd N0. 14-1978 ORDERING PRELIMINARY MOTION by Councilman Fitzpatrick to adopt Resolution No. 14-1978 Seconded by Councilman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. OLUTION N0. 15-1978 RECEIVING THE PRELIMINARY REPORT AND CALLING UBLIC HEARING ON TNE MATTER OF THE CONSTRUCTION OF CERTAIN IM- VEMENTS. SANITARY SEWER AND WATER IMPROVEMENT PROJECT S& W#124. MOTION by Councilman Schneider to adopt Resolution No. 15-1978. I� � ' �JI � �I 1 REGULAR MEETING OF FEBRUARY 6, 1978 ,� PAGE 9 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. RECEIVING PETITION N0. 3-1978 REQUESTING CONSTRUCTION OF SIDEWALKS EAST SIDE OF 7TH STREET FROM 61ST AVENUE TO 63RD VE E: 16-1978 ORDERING PRELIMINARY PLANS, SPECIFICATIONS I�1 RESOLU7ION N0. 17-1978 RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION F ER - PROVEMENTS. STREET IMPROUEMENT PRO�ECT ST. 1978-2, DDEND Mr. Sob�ech, Public Works D�rector, stated a petition was received from School District No. 14 for sidewalks on the east s�de of 7th Street from 61st Avenue to 63rd Avenue. h1r. Sob�ech stated Parkview School, a to Hayes School. the School District felt, with the closing of ma�ority of elementary students would be walking Counc�lman Barnette stated he discussed this item with Mr. Hedren of the School District and they felt the s�dewalk would 6enefit the City, however, they were open to negot�ations. Mr. Sobiech felt perhaps the City should contact the School District prior to the prelim�nary assessment rolls MOTION by Councilman Schneider to School D�strict No. 14. Seconded voice vote, all voting aye, Mayor unanimously. receive pet�tion No. 3-1978 from by Councilman Barnette. Upon a Nee declared the motion carried P10TION by Councilman Schneider to adopt Resolut�on No. 16-1978 order�ng the preliminary plans, specifications, etc. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, P�ayor Nee declared the motion carr�ed unanimously. MOTION by Councilman Schne�der to adopt Resolution No. 17-1978 receiving the preliminary report and calling a public hearing, etc Seconded by Counc�lman Hamernik. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL DF TRAILER LICENSE nr nrnrr. Mr. Sobiech, Public Works Director, explained this �s a request for a trailer license appl�cation to locate a trailer on Chases' Island for use in connection with spring construction. Mr. Sobiech stated the trailer would be used until September, 1978 and a waiver of the license fee is requested. Mr. Alex Barna, 560 Hugo Street, stated the tra�ler would not be occupied on a continuous basis, but only at certain times of the day and week, especially during h�gh periods of vandalism. He stated the trailer will not be used as a residence, but for use when they feel someone should be on duty to guard the property during construction. MOTION by Councilman Fitzpatrick to approve a temporary trailer license for the Islands of Peace Foundation until September, 1978 and waive the fee. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENT: UTILITY BILLING CLERI�-$686/MOiVTH, EFFECTIVE 2/20/78 MOTION by Councilman Hamern�k to concur w�th the appotntment of Elaine Tibbetts, Utility Btlling Clerk. Seconded by Councilman Barnette. REGULAR MEETING OF FEBR�ARY 6, 1978 PAGE 10 Councilman Barnette and Counc�lman Schneider shared some concerns regarding this appointment and indicated they had talked with the City Manager regarding the Personnel Policy. Mayor Nee felt the members of the Council who have concerns should discuss tn�s with the C�ty Manager, and if they felt they would l�ke to review the Personnel Policies, this could be done at a conference meeting UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee d'eclared the motion carr�ed unanimously. ' APPOINTMEVT: NATURALIST/RESO�RCE COORDINATOR--$18,500/YEAR; EFFECTIVE 3/2D/78 MOTION by Counc�lman Schneider to concur with the appointment of Mr. Siah St. Cla�r as Naturalist/Resource Coordinator. Seconded by Councilman Fitzpatr�ck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilinan Fitzpatrtck to authorize payment of Cla�ms No. 019F07 throu9h 034776. Seconded by Councilman Hamernik. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. LICENSES. MOTION by Councilman Hamernik to approve the licenses as submitted and as on file tn the License Clerk's Office. Seconded by Council- man Fitzpatrick. Upon a vo�ce vote, all voting aye, P9ayor Nee de- clared the motion carr�ed unan�mously. LICENSES - CANTERBURY PUB: Mr. John Lenhart appeared before the Council regarding his request for licenses to operate the Canterbury Pub. h1r. Lenhart stated he is employed by the ra�lroad and wants to get into a business He stated he and h�s wife plan to operate the business and 6ring back entertainment of the 50's and 60's and hopes to promote sport act�vities. MOTION by Councilman Hamernik to grant the licenses for the Canterbury Pub. Seconded by Counc�lman Barnette. Upon a voice vote, all vot�ng aye, Mayor PJee declared the motion carried unanimousiy. ESTIMATES N.D.H. Asphalt Company, Inc. 5400 Industry Avenue fJ.W. Anoka, MfV 55303 Final Estimate #4 for Street Tmprovement Pro�ect ST 1977-1 Final Estimate #4 for Street Tmprovement Pro�ect ST. 1977-2 $29,172.18 $ 6,691.44 MOTION by Councilman Hamernik to approve the above est�mates. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. ADJOURNMENT: MOTION by Councilman Schneider to ad�ourn the meeting. Seconded by 1 ' REGULAR MEETIIVG OF FEBRUARY 6, 1978 � PAGE 11 Councilman Fitzpatrick. Upon a voice vote, all voting aye, f4ayor fVee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of February 6, 1978 ad,7ourned at 10:33 p.m. Respectfully su6mitted, � �L �-�'�— �.�C.GCG�� Carole Had ad Secretary to the City Council Approved:_� J�I�� ' , �,�',�'.�- �� William J. Nee Mayor