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08/21/1978 - 00014070THE MINUTES OF THE REGULAR MEETING OF THE FRI�LEY CITY COUNCIL OF AUGUST 21, 1978 The Regular Meeting of the Fridley City Council was called to order at 7:30 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE• Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman Hamernik and Councilman Fitzpatrick None REGULAR MEETING, JULY 24, 1978: MOTION 6y Councilman Schneider to approve the minutes of the July 24, 1978 Regular Meeting as presented. Seconded by Councilman Barnette Upon a voice vote, al; voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Councilman Schneider asked to add as the first item of new business consideration of Zo m ng Ord�nance Amendment ZOA r7�-05 by GeralJ G Johnson. MOTION by Councilman Hamern�k to adopt the agenda as amended. Councilman Schneider seconded the motion. Upon a voice vote, all voting aye, Ma,yor Nee declared the motion carried unam mously. OPEN FORUM, �ISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS PUBLIC HEARING ON ZONING ORDINANCE AMEN�MENT ZOA #78-05, BY GERALD G. JOHNSON, TO REZONE FROM R-1 TO C-2, PROPOSED RESTAURANT SITE, 1145 P1ISSISSIPPI STREET N.E. AN� RECEIVING PETITION N0. 16-1978 PROTESTING REZONING MOTION by Councilman Schneider to open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. So6iech, Public Works Director, explained that this request is to rezone from R-1 to C-2 the area located at the northeast corner of Mississippi Street and T.H. 65 for a proposed restaurant. He stated the Planning Commission did hear the matter at the�r June 7th meeting and did recommend to the Counc�l dental of the request. The denial is based on several reasons as noted• 1 It would 6e a spot rezoning. 2 It would be a traffic problem. 3 It would interfere with the bike trail. 4. It would have an effect on depreciation of home values in the area. 5 It would have an environmental impact on noise and aesthetic values The petitioner was at the meeting and was represented by Attorney Wyman Smith. Mr. Smith stated the restaurant is no longer available to the petitioner He is looking for another location He stated most of the people liked the area �ust the way it is--it's like a private park. Now it ts zoned R-1 and it has always been that way. Mr. Johnson has explored other alternatives for the property with builders and archttects. Mr. Johnson has come up with a number � � , � , REGULAR MEETING OF AUGUST 21, 1978 PAGE 2 of uses. None of them would be single famzly dwellin9s. If it zs the Counc�l's and people's wish to keep it R-1 then that �s the end of the problem. It is the Council's responsibility to protect property owners and overall planning for the community. There must be some use for this area. He can show economically single family dwellings are unfeasible. He stated he is suggest�ng ton�ght that they would like to come up with some plans for another use Mr. Smith and Mr. Johnson would like to discuss it with the staff and City planner. One of the uses �s an office building. It would save some trees fac}ng Lucia Lane. The second plan the architect has is to allow the building of some tri-plexes or four-plexes. This would also be possible. It would make the land economically feasible. Mr. Johnson has paid taxes for 22 years on th�s property. They are trying to come up with something that will harmonize with the community. They need to explore this with the C�ty planner. Mr. Smith passed out copies of plans the architect drafted to the City Council. Also letters from three compa m es indicating the cost that would be tnvolved in building single family dwellings. Mayor Nee suggested to Mr. 5mith that he read the l�ttnrs to the Council and audience. Mr. 5mith then read the letters He stated he respectfully requests th�s property owner be g�ven a chance to further explore this and see if they can ge� a positive reaction from the staff. Councilman Schneider asked Mr. Herrick, City Attorney, if the Planning Commission hearing was held on the R-1 to C-2 and all input vras directed to the restaurant. It is appropriate at this time to consider another proposal. Mr. Herrick asked Mr. Smtth what the proposal would be as far as the office ts concerned. Mr. Smith stated C-2 would make it legal. He stated their thought was that time is a problem and everyone is concerned and they also are concerned. This would � give them a chance to report any zoning less than ±hat, an R-2 or R-3, and it seems to him the Council has done this before where they have had application for one zoning and have ended up working out a compromise. Mr. Herrick stated it would be possible to rezone it tn CR-2 for office construction where �t would be lesser zoned. Mayor Nee asked how may lots there were. Mr. Smith stated that there are three lots on P1iss�ssippi and one lot on Highway 65. Mayor Nee asked if anyone in the audience wanted to review the sketches. Councilman Schneider asked if there were any commen±s fram the audience or Council. Mayor Nee stated they had rece�ved a petition from the people in the area MOTION by Councilman Schnetder to accept Petition No 16-1978 as presented. Councilman Fitzpatrick seconded the motion Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Smith stated it would be unfair for the people to talk about it when they haven't seen it. He stated they wanted to work something out. He stated the Council and people have to take the proposition they cannot build single family � homes. Mayor Nee stated he did not understand why they could not 6uild homes. Mr. Smith stated many builders won't build on it. It is not economically sound. They have no interest in it. Mr. �ohnson stated he talked to Northtown Realty, Counselor Realty and other builders and no� one was interested in building REGULAR MEETING OF AUGUST 21, 1978 PAGE 3 Councilman Schneider stated the original hearing on th�s was held on June 7th. People here were at the Planning Commission meeting At that point everyone expected it to come up in July. It was postponed until now. He stated he does not bel�eve that no one is interested �n this property. He hoped Mr. Johnson could build on it as R-l. He stated his primary concern is preservation of the neighborhood. There has been adequate time to build on it as R-1. He feels the Council should take some action on it. The petitioner has a righi to apply again. Mayor Nee asked what the waiting period was for reapplying. Councilman Schneider stated six months. MOTION by Councilman Schneider to accept the letters Mr. Smith had presented to the Council from 4Jill�am K. Meyer of Suburban Engineering dated June 28, 1978 and Ol�ver R. Erickson of Bronson Erickson Inc. dated August 16, 1978. Councilman Fitzpatrick seconded the motion. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unan�mously. Mayor Nee stated he had received a letter from Mr. Russ Burris on August 21, 1978 and this should be included with the above letters Mayor Nee asked if anyone would like to comment. Mr. Clarence Timo* who lives on Lucia Lane, stated they wanted it to remain R-1 He stated any discussion of alternatives tonight would be inconsistent. We are here tonight to have the Counc�l vote upon the request for a rezoning for a proposed restaurant site. We have not had time to prepare for any other proposals. Mr. Ed Haedke, 6540 Lucia Lane, stated Mr. Johnson knew when he bought it it was zoned res�dential. Mr. �on Bolten, 980 Misstssippi Street, stated the Council has done a good �ob in zoning in that area. All four corners are R-1. If we spot zone it, the ent�re area might end up that way. We feel it is a nice single family area. Mr. Joe Randall, lives at 1210, stated this has been discussed for many years When we start rezoning, it confuses everyone. Mr. Smith stated along Highway 65 the whole length of the City there is only one parcel facing Highway 65 that is single family. Everythtng else has some other use. How can you call this spot zoning. We are not asking for the world. We want fair treatment by the staff. Certainly there is some use for this property other than single family dwellings. Please refer this matter to your staff for a report. Give us a chance to see if we can convince the staff that thts is a sound and sensible use with minimum harm or problem to the property awners. Councilman Schneider stated to Mr. Smith the people have to be convinced that the plan is a sound proposal for the neighborhood. At the Planning Commission meeting we d�scussed informally with Jerry Boardman about single family homes in the area. It seems to me there ts not very much single family property left in this C�ty. Perhaps there are alternatives 6ut at this point I do not see any. Mr. Smith stated you are looking at it politically. You have been elected to abide by the best interest of the community. Councilman Schneiderstated before he was elected he was agairst the property being rezoned. He stated in his judgment he did not see any reason to make an exception. He stated he had not been inconsistent with his past stand. Mr. Paul Johnson, 3925 Shamrock Drive, stated he had lived in Fridley for many years. This was a vacant piece of property then and still is. He stated he didn't feel anyone should put little kids in the area of high traffic. He stated he owned the property north of there. An offtce building is a quiet use. Mayor Nee stated we have a procedural problem here. The proposal is to rezone to C-2 and in doing that the Council really loses control of what goes on. He stated he wants to see some hearing on it. He is not satisfied you cannot build homes on that property. The real shortage �s for R-1 land. *As amended 9/11/78 � , , � � I �, ' �i �_, ., r REGULAR MEETING OF AUGUST 21 PAGE 4 Mr. Smith stated unless you have made inquiry of this you do not know. At the Planning Comm�ssion meeting we discussed alternatives. He stated they knew they will have to have some hearings on this Mr Wayne H�tchcock, 6532 Pierce Street pointed out on a map other multiple dwellings in the area. Councilman Hamernik stated he had to go along with the wishes of the area property owners. It is up to them to say if they want to look at other pron�sals He asked if anyone was interested in listening to other alternatives. Ms Joyce Swanson, 6601 Lucia Lane, stated she was not interested in rezoning. The traffic is already bad. She stated she was not interested in an alternative that would create more traffic. Mayor Nee asked the audience to raise their hands if they were interested in an alternative. One person raised his hand. Mr. Clarence Timo* stated he lived in the area. The property owner does not live there We are concerned about noise, pollutton and safety. Our concern is not monetary--it is keeping Fridley res�dential Mayor Nee stated if there is negative action tonight the property owner does have the right to come back in six months. Mr. Teman asked Mr. Johnson for the names of realtors he had contacted who turned down building on the sites. Mr. Teman stated Arlan Realty had stated to Mr. Teman that they would be interested in buying the property. He does not believe homes could not be built there and he would like to see some evidence. Mr. Johnson stated he would send Mr. Teman copies of the letters he has. MOTION by Counctlman Schneider to close the public hearing. Counctlman Barnette seconded the motion. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously and the hearing was closed at 8:20 p.m. M�TION by Counc�lman Schneider to deny the rezoning request from R-1 to C-2 on the 9rounds it would be spot zoning and it would be detrimental to the area. Councilman Barnette seconded the motion Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously NEW BUSINESS: RECEIVING THE PLANNING COMMISSION MEETING MINUTES OF AUGl1ST 9, 1978 l. THOMAS SIGN COMPANY, SP #78-07; 5333 UNIVERSITY AVE. N.E.: Mr. Sobiech, Pu61ic Works �irector, stated this is a request for a special use permit by the petit�oner to open a sign operation at this location Now it is a vacant facil�ty and was formerly Metro 500 Tire Company. They do have a proposal to improve the area including both the structure and exterior He showed the Council the Architect's plan for the building One of the sttpulations is that there be an actual landscape drawing. The Plam m �g Commisston d�d hear the request on August 9th and did recommend approval with the stipulations. One of the stipulations was that an approprtate development bond or letter of credit be given to insure that the exterior development item be taken care of and that the materials will be stored within the screened area and a suitable agreement be negotiated regarding the rear alley and all the pa�nting be done �n an improved area. Mr. Sobiech stated that one item that might be confusing is regarding the alley. The alley is being used by residents to the east �nd could 6e used by the gas station and this facil�ty. The City is �nd�cating that if approprtate improvement is requested that the property owners would have no ob�ection to the share of the assessments of any alley improvements. Also, he stated he would like to ask the representative from the sign company if he would be w�lling to put up some posts or curbing by the screening fence in the alley so there Nfould be no damage to the fence *As amended 9/11/78 REGULAR MEETING OF AUGUST 21, 1978 PAGE 5 Mr. Sob�ech stated they would like the landscaping and curbing done by next fall and asked if that would be any problem. The representattve from the sign company asked if the tanks that were buried on the property came out would the area have to be resurfaced. Mr. Sobiech stated we would want the place to look very good at the time of operation. Councilman Schneider asked why the tanks would have to be removed. P1r. Sobiech stated that it is no longer a gas station and it would be to insure no seepage. Mr. Herrick, City Attorney, stated they might be able to put sand in there. , Mr. Sobiech stated they could work with them on their removal. Mayor Nee asked for an explanation of the curb and fenctngs. Mr. Sobiech stated any sign storage must be below the top of the fencing. Mayor Nee stated his concern for storage. Councilman Fitzpatrick asked the representative from the sign company the amount of outdoor parking of vehicles in the area, outside of the truck they use for erecting stgns. The representative from the sign company stated just passenger cars and vehicles waiting for signs. Councilman Fitzpatrick stated he was not impressed with the stipulation on screening and storage. He asked how much outdoor storage there would be. The representative from the sign company stated not too much at the present time. The only ones would be the old ones that are taken down. Councilman Fitzpatrick asked what would be done with the old ones. Representative stated they would either be �unked or kept Councilman Fitzpatrick stated he had a problem with screening. Mr. Sobiech stated maybe some fast growing trees could be planted. Councilman Fitzpatrick asked what size scree m ng are we talking about. Mr. Sobiech stated 8 feet Councilman Fitzpatrick asked if we would want any control over outside storage. He stated that we don't want a lot of �unked signs there. Mr. Sobiech stated , he agreed and that is the reason for the special use permit. It must be in a screened area below the top of the fence. Councilman Fttzpatrick stated any outdoor storage would be a problem, Mr. So6iech stated the company is not a manufacturer of signs and we could mtnimize the area of outside storage. He stated the Mayor had a good idea of eliminating from the side yard and have a rear yard storage. We could say the width of the bu�lding and no further than about 10-15 feet. Councilman Fitzpatrick stated he did not have a problem with the building or painting signs inside the build�ng but he did have a problem with an accumulation of signs not usable. He stated his motion, when he made it, would be to restrict use of storage outside. We don't want a �unkyard. Mr. Sobiech stated storage would be directly east of the existin9 building Councilman Fitzpatrick stated we have to control the total amount of outside storage. A screening fence is no good if you put it away from the fence MOTION by Councilman Fitzpatrick, seconded by Councilman Hamernik to concur with the Planning Commission's Recommendation to grant this special use permit with the sttpulation that the petitioner obtain an exterior development bond or credit letter, that all materials be stored within an enclosed, screened area which would not extend any further north or south and would be immediately behind the building. Mr. Sobiech stated we should also add an agreement that they concur with the � improvements in the alley. And a stipulation regarding an exact landscape plan and also together with the bond we need a plan and finally, that all painting be done �n an improved area including storz�e o� all paints and chemicals and that they meet code for the neighbors. The Council agreed to add this to the motion. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. '�r REGULAR MEETING OF AUGUST 21, 1978 PAGE 6 2. WOODCREST BAPTIST CHURCN, LOCKE PARK USE REQUEST: Mr. Qureshi, City Manager, stated we need some kind of an agreement with the church regarding the activities schedule in the use of the facility. The cost being proposed to the church is much higher than they desire to contribute. Basically the quest�on would be what kind of contri6ution should be made for the use of the property The ob�ection that Dr Boudreau, Parks and Recreation Director, had was based ' on a legal opinion, Mayor Nee stated. The other question is if this encroaches on the City's program. Dr. Boudreau stated in 1976 we provided the church with the use of the field. An agreement was made with the church for them to construct the goals and our maintenance people instal1ed them. Again in 1977 they used the field. Now they have come to us to use the field for their games and for practice three days a week. Our time schedule does interfere w�th these hours with our new football program. The City of Fridley is supplying an area for the church. It is the opinion of the Parks and Recreation Commission that they should not We do have a �oint sharing of land in other areas but this is different It would interfere with the neighborhood use and football this fall. He stated the Pastor and group is present tonight to answer any questions. Councilman Schneider asked Dr. Boudreau, if any group approached him to have a reserve time, what kind of process would it take. Dr. Boudreau stated we have no fee schedule set. Generally a request is for- warded to him and then put before the Parks and Recreation Commission for advice We get very few requests from private organizations for facility use. Most of the facility use comes from loca1 associations wh�ch we have a work�ng agreement with and which contribute towards upkeep, etc., for the facilit�es The church is ask- ing to use the field 132 hours per week and that would be for a nine week period. Mayor Nee asked the Pastor to comment. The Pastor stated as far as a conflict is � concerned, they are willing to work with Fridley's schedule so there will be no conflict. Most of the time would be before 3 p m. If the City could give them their schedule they could work around it. They would apprec�ate any use of the facility. As far as the cooperative program, �f they had something to provide to the City they would be happy to do that but they do not have any possibilities He stated they were able to help w�th maintenance, etc. They find it hard to undei°stand the opposition and felt the cost was high at �25Jhour. He hoped the Council would consider their need and they will work with Dr. Boudreau. He stated their athletic director was present and maybe he wou1d like to add something Counctlman Barnette asked what was the status of the church'� neo,ot�at�ons with the school district. The Pastor stated it was still being negotiated. There are some residents in the area who feel strongly opposed to the church securing the facility Councilman Namerm k asked the Pastor regarding the fee schedule what would be reasonable to you and how many hours are you anticipating. The Pastor stated regardin9 the figure presented to them we are usually charged between $5 and $10 per hour. Mr. Christenson from the Church stated they anticipated being out of there by 4 p.m except for maybe one home game per week. That would be after school. Councilman Schneider asked what times they would be using the field. Mr Christenson stated from 2-4.OQ p.m. Councilman Hamernik stated he would like to have a comment from �r. Boudreau Dr. Boudreau stated he would like to comment on some other concerns he has heard One would be about the field conditions and resodding This area has been used by the academy. �ne time this spring I went out there and it was very wet and asked the 50 plus boys to leave the field so the ground could dry out We are looking at some other expenses. Schedule-wise we could work some- thing out. We are concerned primarily about maintaining ;i REGULAR MEETING OF AUGUST 21, 1978 PAGE 7 Mr. Qureshi, City Manager, asked Dr. Boudreau if Commons had underground spr�nklers. �r. Boudreau stated yes but at the field in question they do not. We have to bring in steel pipe and hook up hand watering systems. The Pastor stated on a few occasions they used the park when it was too wet arid had to move their cars. He stated they would respond favorably to a call on correcting any situations. Mr. Herr�ck stated that from the legal aspect there is no legal obstacle. The Council has the d�scretion of entering into an agreement with the Church to use the property on an exclusive basis. They also have an obligation to charge them. If it is not an exclusive agreement and they showed up at 2 p.m. and no one was using the facility, I doubt whether the Council could say they could not use the facility. It is a public facility. If it is going to be an exclusive reserve then the City should char9e a fee. If it is on a first come first serve basis I don't think the city has a right to say they could not use it. ' A representative from the church stated, when talking about wear on the field, soccer is different than football. At the goal mouth it gets slippery but football is harder on the f�eld. Dr. Boudreau stated there is a difference in wear in any recreational activity. Now the whole field will get worn. Councilman Schneider stated regardin9 exclusivity, how is it in the parks Dr Boudreau stated we have no areas of exclusive use. We g�ve out permits. We have no problem with perm�ts. Councilman Barnette stated he felt strongly about Fridley facilities being used by certain people. MOTION by Councilman Barnette to recommend to deny the request for the use of the soccer field. Councilman Schneider seconded it. Counc�lman Hamernick stated he had a problem with th�s because of supporting our iocal groups who have promoted sports in the past. He also felt an obligation to the church. He would like to consider this discussion and recommend when th�s need comes up again to qive it more time. A representat�ve from the church stated he asked for th�s last October of 1977 at a Planning Commission meeting. He stated Dr. Boudreau had told him they would have a meetina between Dr. Boudreau and Mr. Christensen re- garding scheduling and it was not held, They are willing to work with the City and as far as the timing they tried to have meetings but they never came about. Mayor Nee asked if they had any alternatives. The Pastor stated not that they knew of. Councilman Barnette stated maybe they could use the vacant land at another school. The Pastor stated they would request this from the School Board but they did not know if it was available. Councilman Schneider stated his concern was 6asically any group getting exclusive use. The Pastor stated they were not asking for exclusive rights. They are not asking for a reserve. When it is free to use they would like to use it. If it is needed by someone else they will back off. Councilman Schne�der stated there was no need for action then. Councilman Barnette stated he felt that the citizens of FridTey should have the first chance to use the field. A representative from the church asked Dr. Boudreau if he would issue daily permTts. �r. Boudreau stated once they get their game schedule he would have no problem granting permits. A representative from the church stated they needed a policy on fees, etc., from the council Councilman Fitzpatrick stated they already have a pol�cy to the effect that they could use this on a first come first serve basis. They may request permits for the few t7mes that are a matter of schedules. Councilman Barnette stated the point is to be consistent ' ' , �- � ,. � , REGULAR MEETING OF AUGUST 21, 1978 PAGE 8 Councilman Hamernik asked if the motion was to deny the request. Councilman Barnette stated yes, the opposition was the exclusive use. Whatever can be worked out between Dr. Boudreau and the church is fine. Mr. Qureshi, City Manager, stated that most of the groups we have a �oint venture approach with, use the City facilities and assist in the improve- ment of the facility. He suggested maybe the church would like to contr�bute to the improvement of the facility by giving money for the underground system. � Dr. Boudreau stated you are saying, however, that they can use the field for practice and games. Councilman Barnette stated yes. Counc�lman Fitzpatrick stated we can support the motion on the floor and vae do not interrupt their program. Counc�lman Hamernik stated if the academy is qoing to be playing games there, they might consider sharing in the cost of lining the fteld. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3 APPEALS COMMISSION MEETING OF JULY 25, 1978 A. LAMPER7 LUMBER. 7600 TH 65, SIGN VARIANCE Mr. Sobiech stated the Appeals Commission denied the request for a 1D'x21' sign for Lampert Lumber but did recommend an 8'x18' sign Mr Carlson from Lampert Lumber was present. P1r. Carlson showed the Council pictures of the signs he planned on using. Mr. Sobiech stated Lampert had made considerable improvements on their property. Councilman Hamernik asked how big the existing sign was. Mr Carlson stated 6'x14'. Councilman Hamerntk ask Mr Carlson tf they were plann�ng on usinq the same � pile-ons. Mr. Carlson stated no, that would be changed Mr. Sobiech showed the plan of the sign. MOTION by Councilman Hamern�k, seconded hy Councilman Schneider, to deny the 70'x21' sign with a recommendat�on that they be allowed to put up an 8'xl8' sign. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. Councilman Schneider asked if it would be appropriate to have the Planning Comm�ssion review the ordinance MOTION by Councilman Schneider, seconded by Councilman Hamernik, to have the Planning Commission review the ordinance section on free standing signs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF EXECUTION �F HILLTOP FIRE PROTECTIDN CONTRACT: Mr. Qureshi, City Manager, stated this �tem was for execution of the fire protection contract. MOTION by Councilman Flamernik, seconded by Councilman Fitzpatrick to approve the execution of the fire protection contract with Hilltop. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONSI�ERATION OF EXECUTION OF AGREEMENT WITH SUPERAMERICA 5667 UNIVERSITY AVENUE N E., SPECIAL USE PERMIT SP #77-17 Mr Sobtech stated the Council granted approval in February. Based on what the staff heard at that meeting, we feel we have come to an agreement which is more appropriate than the one proposed originally and approved. At that time it was REGULAR MEETING OF AUGUST 21, 1978 PAGE 9 generally centering of the structure in the southeast quadrant of 57th and University Avenue. What we have worked out with them is a shift of the operation from the east to the west toward University Avenue. We feel that would accomplish the moving of the activity almost twice as far away from the residential property. The traff�c would then utilize the service road to the east of the proposed structure. Superamertca has agreed to construct and deed over for future maintenance the service road that would surround the s�te. We hope this would elimate some confusion. He stated he had talked to Mr. Jorqenson who is a resident in the area. He pointed out the area in front of his property would be used more often if this was done. Mr. Gordon �orgenson stated he was the property owner on the immediate east side of the site. He stated he d�d not have very much time to think about it. There is an advantage and disadvantage to th�s. The advantage is that it appears that fewer people will be going into the parking lot to turn around, The dtsadvantage is a street that can be used all the time. He stated he had a question on whether there would be room to get that service road in there. It seems the corners would have to 6e sharp. MOTION by Councilman Hamernik to recommend that the Mayor and City Manager execute an aqreement to construct a Superamerica station at 57th and University. Councilman Schneider seconded it. Upon a voice vote, all votina aye, Mayor Nee declared the motion carried unanimously. CONSIDERATIDN OF A RESOLUTION N0. 80-1978 TO ABATE NUISANCE ON BLOCKS 4, 5, 12, and 13, SPRING BROOK PARK ADDITION: Mr. Sobiech stated we would like to declare a nuisance in the area. However, based on discussions at the public hearing we would allow some people to have some ttme to clean the area. MOTION by Councilman Barnette, seconded by Councilman Fitzpatrick to adopt Resolution No. 80-1978 Mr Sobiech stated we will only abate where there is a nuisance. Mr. Quresh�, City Manager, asked about the time table - 30 days. Mr. Sob�ech stated it would be 30 days after the purchase order is signed with the contractor and they will have 30 days from then. Councilman Hamernik stated even if they would clean up the property the ad�acent property would not be cleaned up. Mr. Qureshi, City Manager, stated we need a fixed time so the property owners know how much time they have, Councilman Hamernik stated the date should be October lst. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. MOTION by Councilman Hamernik to set the date of clean up as Octo6er lst. Councilman Barnette seconded it. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION QF APPRO�AL OF A REQUEST FOR TRAILER PERMIT BY TARGET WAREHOUSE, 108D 73RD AVENUE N.E. FOR USE AS OFFICE SPACE FOR MAXIMUM OF TWO YEARS: Mr. Sobiech stated we have a request by Target for a trailer permit and they intend to monitor some activity in anticipation of remodeling. They want to use a tra�ler home on the property until they decide on what to do. They indicated they would like two units. Ms. Coverston represented Target and she was present. Mr. Qureshi, City Manager, asked Ms. Coverston if they eventually intended to expand the bu�lding. Ms. Coverston stated they had not made a decision about that yet Councilman Hamernik stated he had no problem with the temporary building but was wondering if they would put in plumbing. Ms. Coverston stated no, that they would use the building facilities. ' , � � � REGULAR MEETING OF AUGUST 21, 1978 PAGE 10 Councilman Hamernik asked if the temporary building would connect to the building. Ms. Coverston stated yes by a hallway MOTION by Councilman Hamernik, seconded by Councilman Fitzpatrick to approve the rey�est for a trailer at the Target Warehouse. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilman Hamernik, seconded by Councilman Fitzpatrick to approve the licenses as on file in the l�cense Clerk's office. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A small discussion was held on housing maintenance codes. CLAIMS MOTION by Counc�lman Schneider to authorize payment of Claims No. 227A30 through 229897 Seconded by Councilman Barnette Upon a voice vote, all voting aye, P9ayor Nee declared the motion carried unanimously. ESTIMATES: MOTION by Counc�lman Fitzpatrick, seconded by Councilman Hamerm k to approve the estimates as follows: Eugene A. Hickok and Associates, Inc. 545 Indian Mound Wayzata, MN 55391 ESTIMATE #12--Moore Lake Evaluation and Restoration Pro�ect Professtonal Services - July, 1978 City of New Brighton 803 5th Avenue NW New Brighton, MN 55112 FINAL ESTIMATE #1--for Storm Sewer #125 as per �oint powers agreement authorized April 17, 1978 Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building Minneapolis, MN 55402 For legal services rendered as Prosecutor during July, 1978 Weaver, Talle & Herrick 6279 Univers�ty Avenue N.E. Fridley, MN 55402 For legal services rendered as City Attorney during July, 1978 � 3,548.40 $ 14,895.79 $ 2,370.00 $ 1,827 00 Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A�JOURNMENT � MOTION by Counctlman Fitzpatrick, seconded by Counctlman Schneider to ad�ourn the meet�ng. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Regular Meeting of the Frtdley City Counc�l of August 21, 1978 was ad�ourned at 10:17 p.m. Respectfully submitted, /�� n��� ��� G �� Gayle Goben William J. ee Secy. to the C�ty Council Mayor ��� . •. -. -i.- .