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'ihe Regular Meeting of the Fridley City Cotmcil was called to orci�r at 7:35
p, m hy Mayor Nee.
P •L•�E OF ALEGIANCE:
N�xyor Nee led the CoLmcil and audienae in the Pledge of Allegiance to the
Flag.
I�LL CAI,1'�:
MEN�II25 PRFSFNT: Mayor Nee, Cow�tcilman Goocls�eed, Goimcilm3n
Fitz�trick, Cowzcilman Schneider and Co�mciltt�n
Barttette
NEI�SERS P,BSII�7T: None
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� 1�DTION h� �uncilman Barnette to approve the minutes as presented. Se�nded
ty Coimcilman Schneider. Upon a voice vote, all voting aye, Nlayor Nee
declared the motion carried unammously.
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The agenda was amended as follo�s: Coiaicilman FitzFatrick asked that Item 6
be oonsidered after the public hearing it�n. 7.he follaaing items were also
added: Under Lioenses, mnsic�ration of an Auctioneer's Lioense for I�lton
Anderson and (25) Consideration of Authorizing Donataon of Surplus Generator
to the Anoka Coimty Cbmmtmity Action Progr�n,
M�TION kH Co�meil�n Barnette to adoF:t Ehe agench with the aY�ove amenc�nents.
Seoonded !x Cc�i.mcilman Schneic�r, I7p�n a voioe vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
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Mr. Ric:hard Brickner stated he had sukmitte� a letter to Jun Robinson of the
City staff and asked if the Council had received a coplr. He stated the
letter rec�arded his being able to obtain a sewnd building pecmit before his
registered land sutvey is reoorded at the Co�.mty.
Mayor Nee stated the Coimcil had received the letter and his request would
be mnsic�red under Itan 4 of the agends.
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NDTION !X Cntmcilman Schneic�r to waive the reading of the public hearing
notiae and open the public he3ring, Semnd4d ty Co�mcilman Barnette. Upon
a voice vote, all voting aye, Mayor I3ee declaxed the motion carried
unanimously and the public hearing opened at 7:40 p.m,
Mr. Prit�l, Financ�e birector, stated this industrial revenue bond issue is,
L�sically, an exchange of one issue for another. He stated these bonds
modify terms applicable to the 1981 issue by extending the maturity and
prwiding for a di.fferent method of calculating interest rates, which makes
the bonds more marketable, as the 1981 issue was somewhat outdatec�. Mr.
Priks�l stated the 1981 boncls were held I� a single aaner who is agreeable to
this change. He stated the public hearing meets standards of disclosure
imder 7EFRA. He stated this issue would have tto imp�ct on the p�ol fran the
State.
Mr. Herrick, City Attorney, stated there wauld be no change in the City's
responsibilities.
Mr. Prib�l stated Mr. 0'Aleara of 0'Connor and Hannan also reviewed the
cbc�nnents and concurs with the dlanges.
NDTION b� Councilman FitzFatrick to close the public hearing. 5econded by
Cotmcilman Goodspeed. Upon a voioe vote, all voting aye, Nhyor Nee c�clared
the motion carried unanimously and the public hearing o�.ened at 7:43 p, m
NENI BUSINESS:
COP7SIDERATION � PRC3VIDE A�OR CITIZEN PROGRAM COORDINATOR FOSITION:
Mr. Qureshi, City Manager, stated Ruth Smith, President of the Senior
Citizen Center Advisory Board, has subnitted a re�uest for a 5emor Citizen
Program Coordinator. He stated Jack Kirk of the GYty staf£ has beett working
with the mnoer�d parties rec�arding a woperative agreement between the
City and School Mstrict in order to prw ide such a Fosition and £acil ities
needed.
Mr, Kirk stated, in July, the Coimcil directed staff to meet with the Senior
Citizens to determine what they desired fram the City in terms of a Program
Coordinator. He stated their primary concern was to obtain fundinq for a
Program Coordinator and make it a permanent, on-going position to caxry out
the progran wishes of the Senior Genter Advi�ry Board. Mr. Kirk stated the
Advisory Baard has suhnitt2d a request for the City to fimd such a position
and Parks De�ertment supports their request, He felt with the hiring of a
Program Coordinator, it would assure the Senior Ca.tizens of excellent
progr�ns in the futtu e,
Mr. Kirk stated if this position was authorized, the person hired would
rep�rt to the Recreation I��rhnent, lwt work with the Advisory Board for
their input as far as Senior Citizens' progr�ns and servioes are ooncerned
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� Mt. Qureshi stated the Ac�isory Board would have input and revi�r of the
progr�ns and the c�hy-to-day operation would l�e supervised by the City's
Recreation I��artmerit. He stated as far as use of facilities, this would be
prc7vided tx the School District.
Ms. Ruth Stnith stated the A�ivisoty Boaxd wholeheartedly supports the hiring
of a Proyran Coorci�nator.
Co�mcilman Barnette asked if all of the problens and responsibilities have
been worked out for use of the school facilities.
Mr, Kirk stated he has met with representatives of the School District and
came up with this 000perative agreenent which is sukmitted for the Cotmcil's
mnsideration. He stated the Advisory Soard has also reviewed the agreenent
and felt it was workable.
NDTION l� Councilman Fitzp3trick to approve the City-School Cooperative
Agreener�t dated Septenber 10, 1986 relative to the Senior Citizens Prograns.
Seo�nded t� Coimcilman Goodspeed. Upon a voice vote, all votiing aye, Mayor
Nee declared the motion carried unanimously.
Mr. Qureshi suggested that staff work out a proposal to authorize f�mding of
the Seniot Citizen Progtan Coordinator.
' NDTION k7� Cotmcilman Fitz�trick to authorize the acYnimstratiion to sutmit a
proposal at the next Coimcil meeting for the oommitznent of funds necessary
to hire a Semor Citizens Program Coordinator. Seconded by Councilman
$arr�ette. [7p�n a voioe vote, all voting aye, Mayor Nee c�clared the motion
carried unanimously.
OLD BUSINESS:
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Mx. Qureshi, CYty t+Hnager, stated when the first reading was held on the
budget, he pointed out there woul.d 6e certain acrjustments at the time of the
seoond reading. He stated the Pimds for Revenue Sharing have been removed
fran the budget as this has been cut at the Federal level and there are
minor adjustments rec�rding State Aid He stated the General Fund budget
renains the same and there is an ovexall budget decrease of 1.8�. Mr.
Qureshi stated this is the first time in the history of the City where a
budget is being ar3�pted which is laaer than the prEVious year's.
Nhyor Nee stated these adjustments should be incluc�d in the ordinance for
the semnd reading at this time,
NDTIOi3 b� Cowlcilman Schneider to waiue the �e�nd reading of Ordinance No.
865 and acbpt it on the sewnd readi.ng and order publication. Seconded by
' Colmcilman Goodspeed. Upon a �oice vote, all votinq aye, Mayor Nee declared
the motion carried unanimously,
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NDTION 1� �uncilman Barnette to waive tl�e sewnd ra�ding of Ordinance No.
866 and acbpt it on the sewnd reading and order publication. Seconded by
Coi.mcilman Schneider. Upon a voiae vote, all voting aye, Ni�yor Nee declared
the motion carried unanimously.
4. CIDNSIDERATION OF DISPOSTTTpN OF EXCESS PROPER7'Y GIIVERALLY TACATED ON PAFrP OF
OUPUYP 1, BL�OCK 1. GENA RAE AI�ITION:
AND
CONSTDERATTON OF AN ORDINANCE UNDER SECTTON 12 06 OF THE CITY CHARTER
DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE
THEREOF:
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CONSIDERATION OF A RDC)UEST FROM RICHARD BRICKNER TO BE ALLOWED A SECOND
BUILDING QN HTS DEVELQPMENT STTE BEEQI2E THE REGISTERED LAND SLIRVEY IS
RF]GISi'ERID BY TI3E COUNPY:
Mr. Qureshi, City I�nager, stated information was sulanitted to the Council
rec�rding this triangular p�.ece of Fa-operty in the Gena Rae Addition. He
stated it is not a piece of property that could effectively be used for Fsrk
purposes. He stated the Council can declare it surplus and sell to the
hic�est bidder or neg�tiate a sale with an interested party.
Mr. Qureshi stated i£ the CbLmcil wishes to cv spose of the property, there
are a nunber of restrictions which should be plaoed on the property, and the
pro�:exty to the north, in ozdex to minimize the dxainage impact on
properties to the west. He stated a drainage easement should be provided to
retain water coming f ran the east of this �arcel and the retent�.on should te
Ixzsed on a five year storm. He stated if wnstruction is authorized for any
hanes, a tenpora[y henn �ould be oonstructed, He stated there would also
be an outlet �wic�d which o�nnects to the catch la3sin in the street. He
stated if the attgular property is sold, the value should be at least what
the City Faid when they aaluired the psrcel which was 76-1/2 cents per
s�uare foot.
Mr. Qureshi stated several ordinances are submitted for the Council's
oonsideration to either authorize the sale of this surplus property to the
hi�est bidder oc to sell it to the interested ad�oining �rty with certain
eas�nents rs;uired and certain aonditions follaaed.
Coimcilman Schneider stated the drainage issue was worked out between staff
and adjacem property aaners, He stated staff has ind�.cated this tnangular
pieoe of property can and will be used for detention and directing of storm
water rec�rdLess whether or not hanes are mnstructed on this parcel. He
felt, therefore, it would make sen5e to proceed with the sale of this
property.
Mr. Gambrel, 1341 Creek Park Lane, sutmitted a letter to the Council
regarding his oomments relating to the proposed drainage improv �nents. He
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stated he wanted to make sure what is proposed would work whether or not
this property is sold. He stated he wanted to make sure if the land is sold
and the developer cbesn't begin work itrnnedi.ately, what temporary measures
would be taken in regard to the clrainage.
Mr. Qureshi stated if the Co�mcil mnsic�rs Mr. Briclmer's req�st to allaa
him to build two hanes on 66th Auenue, prior to recording the registered
land survey at the County, there are certain stipulations which he must
follcw. He stated whether or not these hanes are o:ynstructed, a detention
area must be pravided on Lot C.
Mr, G�nbrel stated an immediate probl�n is the runoff into his and Mr.
PhilliFs' t�ck yarcis fran the g�rk property. He felt a dam or berm should
be created along the westerly l�oim�xy rec�ardless if any other �n5truction
takes plaoe or not.
Mr. Qureshi stated if it is practical, a tenporary detention area would be
made either lx Mr. Briclmer or the City,
Mr. G�brel stated he d�ch't have as�y objection to selling this triangular
piece of property la�sed on the requiranent that easements be provided for
drainage. He stated Mr. Fhillips did have some doubt as to whether this
would solve their drai.naqe problens.
Mr. Qureshi stated a retention area Zs taeing requested and under normal
circiunstanoes, Mr. Ganbrel's and Mr. Phxllzps's property shouldn't have
standing water in their back yards more than 8 to 9 inches.
N�TION l� Councilman Schneider to waive the reading and approve the
ordinan� uFon first reading for the sale of this surplus property directly
with an interested p3rty, with the folluaing stapulations: (1) retention
and drainage earements are to be prwided on Lot C; (2) surface water flow
onto Lot C frcm adjoining pro�exties to the east are to xetain a flow to a
five year design storm; and (3) a berm is to be �nstructed on the west side
of triangular piece and Lot C to prevent surfaoe water runoff fran the east
L� Novenber 3Q, 1486; and (4j the sale of this �roel be for a minim�nn price
of 76-1/2 cents per sluare foot, with the s�uare footage determined by the
actual survey, and funds from this sale are to be dedicated to the
imprwenent of Creek Ridge Park. 5eoonckd tr� Coimcilman Goodspeed.
Mr, Ibdvin, 1391 Mississippi Street, stated he helieved this would be the
outcome for this property. He stated everything that has been done directed
the sale to the developer. He stated a petition with 74 signatures was
sutmitted to have this Faroel used for Fark and no attention was �aid to it.
Cotmcilman Schs�ider stated many peogle in the iimnediate area did not sign
the �tition. He stated evidenoe was presented, fran a safety standpoint,
it wouldn't be a good idea to use this Farc+el to expand the Fark. He stated
resic�nts in the immediate area also indicating thc� ob7ected to enlarging
the Fark.
Mr. Fbc}�in stated the poir�t. he is making is the petition was worthless. He
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� stated they m�y have had people in the irmnediate area objecting, but that is
against 74 other persons wha si�ed the petition.
l�yor Nee feLt the question is whether or not it is a good or bad idea to
sell this Faroel. He stated staff felt the Faroel should be sold and they
are Faid to advi� the �tmcil, N�yor Nee asked Mr. Fbdvin, without getting
into personalities, if he felt it was a good idea to attach this parcel to
what is naa lanca.ocked property.
Mr, Fbdvin stated he didn't know if the drainage would work. He stated
there are problens generated fran the Creekridge developnertt. He stated Mr.
Briclmet is naa usinq other people's L�ck yards as a retention area.
Cotmcilman Schneider stated there may have been some mistakes made in the
Fast, but the Coi.mcil has to go forward from thls point and he felt the
proposal before them would allow an orderly develognent and provide a
correction for the drainage problan that exists.
Mr, fbdvin stated this Faroel is more than 6,000 square feet and the City
should make sure the3 are �aid the o�rrect amotmt.
Cnimcilman Barnette stated he persanally dic�'t feel this p�rcel would serve
the residents well for use as a park. He felt, however, consideratian
� should be given to change the name of the p�rk and urged Mr. Podvin to
follaa throuc� in this regard.
Mr. R�dvin stated this request has already been submitted. He stated the
entire matter is the princigle, as this �arcel was oondemned for a p�rk and
should renain as Fark property.
UPDN A VOI(� V07E TAKEN QV �iE ABO�IE NDTION, all voted aye, and Mayor Nee
declared the motion carried unanimously.
In reg3rd to Mr, Briclmer's request that he be allaved a seoond building on
his developnent site, before the land survey is registered by the County,
the follaaing action was taken:
N17TION b� Coimcill[r�n Schneider to authorize staff to issue two building
permits for the Creek Ridge II Plat, P.S. #86-02, with the f ollow ing
stiulations: {1) Builder asswnes responsibility for any mistakes in
staking; (2) A 10 foot utility and drainage easement be provided along the
south side of Lots A and B; (3) A retention pond be provided on the north
side of Lot C by Nov enber 30, 1986; and (4) Builder work with staff to
�ovide imdergrotmd electric servi� to hunes on Creek Park Lane. Seconded
lx Cotmcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
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� Mr. Flora, Public Works Director, stated as p�rt of the review process
associated with Mr. Farr's ra3�st for this vacation, staff has pre�red a
meno identifying nine items, listed under Category A, which are still
outstanding commitments. He outlined these items as follows: (1)
Pedestrian lighting, required as per ac�reement dated 4/19/76 has been
installed only on the east side of Farr Lake �thway; (2) Replace failing
retaining wall on the north sic� of Brenner l�ss N.E.; (3) Remove giles of
dirt and debris and sod 15 feet back of curb on the west side of East
Brenner Pass N.E.; (4) ReFair washed out drainage s�aale at the end of East
Brenner Pass N.E.; (5) Renove debris (street saeepittgs) and plant grass seed
to establish ground cover on vacant lot area, Block 4 and 5, Innsbruck
Village 5econd Addition, southwest of Black Forest Condos; (6) Sod
boulevard, 15 feet t�ck of curb, on the south of North Innsbxuck Drive �ust
west of New Brighton border; (7) Restore buffer between taanhouse at 1511
North Innsbruck Drive N.E, and Mulvihill residence at 5601 North Ik-�nube Road
N.E., as pec City plan c�ted 9/19/&6; (&) Install tot lot on �nanon proFerty
on Plat 5, as per agre�nent dated 4/19/76; and (9) Re�nedy erosion and
mai.ntenanoe probl ens resulting from surchaxging on Block 21, Innsbxuck
Villages.
Mr, Flora stated a$10,000 letter of credit should be provided by Mr. Farr
to cover the above items under Category A which staff feels is the
resFonsibility of the develoFer.
� Mr. Flora stated the itens, oovered under C�tegary B, should be worked out
between the 7.bwnhouse Association and the Developer. He stated these are as
follaas: (1) Sod open area on South Bavarian Pass N.E. be4aeen Lots 36 and
37, Block 1, Innsbruck North Tawnhouses Plat 4; (2) Repair asghalt in the
driveway at 5677 West Bdvarian �ss N.E.; (3) Install sod 15 feet back of
curb and wntinue spruce 1 ine on South Bavarian Pass N. E. , east of 1586
South Bavarian F�ss N. E. ;(4) Sod 15 feet back of curb on south side of
Brenner Pass N.E.; (5) Replaoe all t�nporary curbing with permattent �ncrete
curb and gutt2r on West Brenner Pass N,E„ Srenner Pass N.E., and East
Bavarian Pass N.E.; (6) Re�ir asphalt depression in road adjacent to 5519
East Bavarian Pass N.E.; and (7} Truck damage to North Innsbruck Court be
settled.
Mr. Flora stated the items, under Category C, pertain strictly to the
Taard�ouse Association and these are as follaas: (1) Im1xove asphalt �ethway
arotmd pond l� resurfacinq where r�ecessary; (2) Replace broken path light
lwninaire on the east side of Farr Lake; (3) Rexair asphalt in the g�rking
area on Bonhoff J4mciion; and (4) Patch Farking lot on the northeast side of
Black Forest O�ncbs.
Mr, FYnexy, Pxesident of Villages of Innsbruck Townhouse Association, stated
the� are ooncerned with Iten 5 tmder Category A. He stated the Association
has renwed all the ciebris and made an agre�ent with Mr. Farr that he would
seed and sod this area. He stated he would like to make sure no more debris
� is chunped here.
Mr. ESnery stated in regara to Item 9, nothing has been done to remedy
erosion and maintenance probl�ns resulting from the surcharging and the
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� problen is getting more serious because of the heavy rainfall.
Mr. Emery stated Item 2, undex Category B, is the Associa�on's
resFonsibility. He stated the main concern is Item 7 pertaining to the
truck damage to North Innsbruck Court. He stated he was ac�ised by Mr. nan
Farr this would be taken care of. He stated he would like this item moved
under Category A itens which are the responsibility of the developec.
[�. Farr stated their position is they would be responsible only for the
Itens listed Is� staff under Category A.
Councilman Schneider asked Mr. Dan E'arr if they acknowledged any
responsibility for damages to the street. Mr. Farr stated they did
acknowledge some responszbility and would work with the Townhouse
Association to take care of the problan.
Mr. Herrick, City Attorney, stated this issue is really a matter between the
�wnhouse Association and the developer as this is a private street. He
stated if it was a public 5treet, it would be within the City's
jurisdi.ction. Mr. Herrick felt the Zbwnhouse Association could adopt some
rules and lx-laws on what they ra�uire on vacant lots regarding seeding and
sodding and what limits the� want to impose on their streets.
� Mr. F�nery stated they would like a guarantee there wouldn't be further
dumping on the vacant lots. Mr. Flora stated any change in the land,
r�uires a land alteration permit,
Mr. Einery asked how long the letter of credit would be in ef£ect. Mr.
Herrick stated it would be in effect �til all the items under Category P.
have teen wmpleted. He stated it �ould be spelled out in the letter of
credit what would 6e cbne if oertain dates for o�mpletion of the5e itans are
not met.
NDTION t� Co�mcLlmatt Schneider to wat.ve the second reading of Ordinance No.
867 and acbpt it on the seoond reading, after a letter of credit for $10,000
is reoeived and, if any items under Category A are not completed in the
timetable shaan, the letter of credit will be drawn upon. Further, in
addition to the nine stipulations listed above, under Category A, another
item be added that no dumping of any kind will be permitted on vacant
property without a permit fran the City. Upon a voioe vote, all voting aye,
Nl�yor Nee declared the motion carried unanimously.
NEW BUSII9ESS•
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This it�n was oonsidered early in the meeting.
' 7. CONSIDERATION OF RFrAPP%7�IAL OF A VARIANCE Tb RIDUCE THE SIDE YARD SE7'BAC$
F'RUM 10 FEET TO 7 FE_.F'?'. GENERAT_7,y rnrA�n AT 420 67TH AVENUE N.E., BY MARTIN
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COUNCIL L'�:ETING OF �CIUBER 6. 1486
� Mr. F7.ora, Public Works IJirector, stated the Council, in 1984, approved a
variance for property at 420 67th Avenue to reduce the side yard setback
fran 10 feet to 7 feet to allaa an addition to this home. He stated the
petitioner didn't complete this contruction and is now requestsng the
Council re�apprave th�.s three foot variance in order to construct a
three-seas�n porch behind the garage. Mr. Flora stated the ad�oining
property ownec has sutmitted a letter that he has no ob�ection to the
varianoe.
NDTION 1� Coi.mcilman Goocispeed to r�approve the variance to reduce Yhe side
yard sett�ck fran 10 feet to 7 feet for the property at 420 67th Avenue to
allow construction of a three-season porch. 5econde d by Councilman
FitzFatrick. Upon a voice vote, all voting aye, Nayor Nee declzred the
motion carried unanimously,
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F3t. Flora, Pablic Works Director, stated this is a r�uest for a sFecial use
� permit to allaa a sacond ac�ss�ry huilding at 6620 Lucia Lane. He stated
the Fxoperty is zoned R-1 and is in a�xedominately xesidential area. He
stated the petitiorier proposes to mnstruct a new garage approximatey 526
sqiare feet to prwide extra storage for vehicles, as well as a boat and
trailer.
Mr. Flora stated the Planning Commission recommenc3ed approval of this
special use �ermit with fouz stipulations, which he outlined.
MJTION kr� Cowicilmzn Schneider to eoncur with the recommendation of the
Planning Commission and qrant special use permit, SP #86-12, with the
following stipulations: (1) A hard surface driveway be provided with
wnstruction of the garage; (2) Tires and debris Y�e renoved from the side
yard; (3) Boat be mwed to the side/rear yard or stored inside garage; and
(4) Garage materials, siding and roofinq are to match existing house.
Seoonded Y� CbLmcilman Fitzpatrick. Upon a voice vote, al.l votinq aye,
Mayor Nee declazed the motion carried unammously.
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Mr. Flora, Public Works Director, stated this is a re�uesk for a s�cial use
permit tor property located on the corner oP Commerce Circle South and
� Commerce Circle East to alloa of£ioes not associated with a principal use.
He stated the proFerty is zoried 1�1 and tkae huilding constructed on the site
is 21,04Q s�uare feet with 50 parking spaoes prw ic�d. He stated one-half
of the buildinq would be used for offices and the other half for warehouse
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Mr. Flora stated the Planning Commission recommended approval of this
special use �ermit with the stipulation that the develoFex provide the City
with tenant information prior to each occu�ancy of the building so that the
Farking may be monitored to insure there is a sufficient niunber of spaces.
He stated this is similar to what was done with the Winf ield Develognent
whose building was ounstructed as an office/warehouse facility.
Co�mcil�n Goodspeed questioned the trading of Farking between Mr. Harris'
property and s�aoes at the Community Paxk.
Mr. Harn s, the petitioner, stated he would be willing to enter into an
agreenerit with the City for joint use of his g3rking and the City's parking
at the Conuntmity Park.
Mr. Flora stated the staff's concern is there are a lot of daytime
activities at the O�mmunity Ik�rk and if the3 have such an agxeenent with Mx.
Harris, there may be a shortage oP sFaoes available for the �rk.
Coimcilman Barnette stated the reality is the �ark isn't used every ciay on a
mnstant basis and when special erents are held, thc� are usually only for a
short period of time.
� Nlr. Harxis stated he hoFed the decision iwt tc enter into a �oint p�rking
venture is not h3aed only on a f�a ci3y's use of the Fark.
Mr. F`lora stated Mr. Harris' building is ac7jaoent to the Fark and if all the
sgace is leased for offices, it would be an increased use, and if no
additional Farking were prwided, it would be a problan.
Mr. Harris stated he woulch�'t be able to rent sg�ce to someone who needed
more Farking than what he �uld provic� so he felt some of these things are
self- correcting.
NDTION IX Counilman Goodspeed to concur with the recommendation of the
Planning Commission and grant special use permit, SP #86-14, with the
stipulation that the developer provide the City with tenant information
prior to each occupancy of the tuilding. This information to incluae the
intended tase, n�nnber of anplo�ees and gross s�uare footage of each type of
usage e.g, offioe, warehouse, manuEacturing. Ca.ty appraval of any pro�sed
tenant is aontingent upon sufficient Farking supply, Se�n�d lx Cotmcilman
Fitz�atrick. [JFon a voice vote, all voting aye, Mayor Nee declared the
motion carried unammously.
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' Mr, Flora, Public Works Director, stated three items are oonnected with this
request for a special use permit. He stated the permit is to allow a
daycare facility; to allaa Farking lots for off-street parking spaces; and
to allva a clinic. He stated the property ir�volves the FYidle� Assembly of
God Church on Osborne Road, as well as two single favnily rxoperties located
off Osborne Road. He stated the North 5uburban Hospital District is
proposing to purchase the diurch and homes and convert the church into a
clinic and cl3ycare facility. Mr. E'lora stated the oode re3uires 207 �arking
stalls and 185 will be immediately provided with an option to install an
additior�l 81 sFaoes in the area of the single f�nily hanes, as nee2f�d,
Mr. Flora stated the Planning Commission recommended apgroval of this
special use pet�nit, with 13 stipulations, which he outlined fran the minutes
of the Planning Commission, �ages 4 and 1�. He stated staff would re�mmend
anotl�er stipulation be added that the tax p�roels be wmbined into one lot
upon a¢juisition to one avner,
Mr. Buratti, Attor�y for North SuburL�n Hospital District, stated he talked
to the City Assessoi reqarding the taxable status of the property. He
stated whether the proprty be�mes taxable de�nc�s on hav it wi11 eventually
be used and the laws oi the State. He stated if the property is used for
medical and daycare purposes, it would be sub�ect to real estate taxation.
He stated if this whole glan was to be scrapped and the Hospital District
� made this �art of the hospital oomplex, it would not te taxable.
Mayor Nee stated the special use permit is far the day care and clinic and
asked Mr. Buratti if he agreed this would be a taxable use. Mr. Buratti
stated his opinion is it would be Yaxable.
Mr. Herrick, City Attorney, stated it would 6e his opinion this would be a
taxible piece of property, bas�d on this re�uest. He stated he cltdn' t have
a strong opinion, one way or the other, if the Council wished to add this
iten to the stipulations.
Mr. Buratti stated he would 1 ike to request the Council waive the
stipulats on for the F�ond.
NDTION L� Coimcllman Goodspeed to concur with the recommendation of the
Planning Commission and grant special use permit, SP #86-15, with the
follaaing stipulations: (1) A hard surfaoe set}x-�ck of 20 feet be provicled
fran the Osborne Road right of-way l� Jtme 30, 1988; (2} A landscaping plan
be Fxwided to incluc3e berming and plantincys to screen hard surface areas,
existing and proposed, and install apprwed plan by Sune 30, 1988; (3) An
autanatic lavn sprinkling systen be provided for all green areas b� Jime 30,
1988; (4) A fenoed tot lot area, approximately 20 x 30 feet be provided,
with City apprwed tot lot equipnent prior to daycare starting; (5) Pathway
to be installed fran day care to tot lot prior to daycare starting; (6)
Concrete curb and gutter be pravided for hard sur£aoe areas and driveways,
� including a five foot setlxck fran building by Jtme 30, 1988; (7) Sealcoat
and restripe Farking lot and prwic� required handicapped stalls L� Jime 30,
1988; (8) Provi2� one-way directional signage where needed ix JLme 30, 1988;
(9) Prwide an apprwed disn�ster enclosure by June 30, 1988; (10) Remove
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� trailers fram pcoperty east of church at such time that the church vacates
the property; (11) Prwide a drainage plan for appraval prior to �arking lot
woek; (12j �it,ro single fanily 1-eomes to the west of the dlurch are included in
this special use permit for futu[e �arking only. Zhese houses may be leased
as singJe faunily residenaes tmtil surh time as the City determines the need
for additional Farking far clinic/day care use; and (13) Tax parcels be
combined into one lot upon aoquisition to one ownership. Seconded by
Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee
c�clared the motion carried unammously.
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Mr. Flora, Public Works Director, stated this is a ra3uest for a lot split
for a�arcel of property between Wooc� Lar�e and Old Central. Iie stated the
petitioner is requesting to split this Faroel ir?to two se�arate lots. Mr.
Flo[a stated the Planninq Commission remmmended approval of this request
with four stipulations, which he outlined.
Mr, Qureshi, City Msnager, stated there was a drainage problen prEViously in
this area and asked if the wnstruction of a new hccne would be affected.
' Ms. Lind, the petitioner, stated the prcblen wa� years ago and has been
solved with the installation of a culvert. She stated thEy have no problem
with standing water.
NDTION 1� Cotmcil�n Schneider to concur with the recommendation of the
Planning Commission and grant lot split, L. S. #86-o6, with the following
stipulations: (1) New structure to meet C�.ty Code for front yard setback
avexage, 61 feet plus or minus six feet; (2) Fence and shed to be relocated
prior to reoording; (3) Park fee of $750 re�uired with builcv.ng permit; and
(4j Lot split to be recorded at Co�mty within six months of Council
ap�c�val. Sewnded kr� Coimcilman Barr�ette. Upon a voice vote, all voting
aye, N�yor Nee c�elared the motion carried unarumously.
E. CONSIDERATION OF A VACATIQN SAV #86-05 DD VACATE PART OF A
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NDTION kH Cotmcilman FitzXatrick to set the public hearing on this vacation
r�uest for October 20, 1986. Seconded hy Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unarumously.
F, �p�TDERP.TTON OF MODIFICATSON OF CITIZEN �MMISSION STRCX'7?�E
� BY ELINLNATTI�'; '�' COMML7�'i'�' DEVEL�JPMENT CbMI�1TSSION� -
[rDTION k� Cotmcilman Schneider to concur with the recommendation of the
Planning Commission and instruct staff to prepare and process the
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' reoodification of Qiapter 6. Seo�nded b� Coimcil�n Barnette.
It was the mncensus of the Oxmcil that the Chairperson of the Planning
Cotmnission should have votinq privileges.
Ul�N A VOI� VClPE TAI�N Q�I �IE AB0.7E NDTION, all voted aye, and Mayor Nee
c�clared the motion carried unanimously.
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Mr, Flora, Public Works Lhrector, stated this is a request for variances to
reduce the setla3ck of a structure £ran the river bluff lirie fran 40 feet to
18 feet to allo,v an addition to the northwest corner of the house and to
reduce the setback of a structure fram the hiississippi River normal high
water line fran 100 feet to 80 feet to alla•r an addi.tion on the south side
� of the house at 7806 Alden Way N.E. Mr. Flora stated the petitioner
proposes to construct a closed-in area to the area of his property and
another area to the south and use Fassive solar heating.
Mr. F7.ora stated, in keeping with Section J3 of the Interim Developnent
Regulations for the Mississippi River Corricbr Critical Area, the local imit
of goverrmerst may grant a vaziance fran the strict �mpliance of the s�tlxlck
of the interim regulations, after an acbninistrative hearing conducted
acoording to regulations of the local wlit of goverrm�ent and may be granted
only then, after the following findings are made: (1) The strict
enforoement of the setLt-�ck or heic�t restrictions will result in tmneoes�cy
hardship. "HarcZship" as used in the oonsideration of a c3imension variance
means that the Froperty in question cannot be put to a reasonable use under
the dimension provision of these Interim Developnent Regulations; (2) There
are exceptional circtunstan�s tmique to the property that were not created
1� a landowner after April 25, 1975; (3) The dimension variance does not
allaa any use that is not a armFatible use in the land use di�rict in which
the Fxoperty is located; (4) The dimension variance will not alter the
essential character of the locality as established by these Interim
Developnem. Regulations; and (5) The dimension variance will not be oontraxy
to the orc�r.
Mr. Flora stated the Appeals Commission recommended approval of the
varianc�s with the stipulation that a Fassive solar c�si9n be presented to
the Cotmcil. He stated a design for this system has been submitted to
' staff.
NDTION b� Cotmcilman Fitz�atrick to mncur with the imanimous remmmendatian
of the Appeals Commission and grant vaziance ra�uest, VAR #86-26, to reduce
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� the setta�ck of a structure frcm the river bluff line fran 40 feet to 18 feet
to allaa an addition to the northwest mrner of the house and to reduce the
setback of a structure fran the Mi.ssissippi River normal high water line
fcan 100 feet to 80 feet to allaa an addition on the south side of the house
at 7806 Alckn Way N.E. for purpose5 of providing passive solar heating.
Elixther, while the Council believes the circumstances involved in this
request meets the five findings, as outlined above by staff, the property
owner will hold the City harmless from any finding by the Federal
goverrmient, or any other agency of government, that the addition is in
violation of their rules. Seo�nc�d b� Q�imcilman Gooclspeed. Upon a voice
vote, all voting aye, N�yor Nee declared the motion carried unammously.
2
NL�TION by Councilman Schneidex to receive the minutes of the Planning
Commission meeting of Septenber 24, 1986. Seaonded L� Coimcilman Barnette,
Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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� Mayor Nee stated the Cable Television Commission has recommended an
adjustment in allocation of the franchise fees to increase the oontribution
reoeived lx the Anoka (btmty Commimications Workshop frcm 408 to 60�.
Mr. Neunan-Saott, zepreseciting the AC6�T, stated a report was oompiled datec3
August 13, which the� felt oovered their neeos. He stated it is figured by
the end of 1987, they would have to cut services, if they continue to
receive 40� of the franchise fee. He stated the� have, therefore, requested
an increa�e to 608 of the franchise fee.
Mr. Htmt, Assistant to the City Manager, stated ever since the franchise
went into effect and since the existance of the ACCW, the Council
oor�t.ributed to the Workshop with fimcls fran the franchise fee. He stated
each year, �til 1483, the �tmcil decided on the amotmt to be mntrlbuted.
He stated sinoe 1983, all Farties agreed that 40� of the fee would go to the
ACQ�T so a request woulch't have to be made every y�r,
Mr. H�t stated, im�r tl�ose circrnmtstan�s, the City began to develop its
own channel with a oertain amoimt of assurances for funds. He stated the
C�ble Co�nission's discussion did not take into acootmt the City's channel
and any increase to the ACQ�I would have an im�ct on the City's ciiannel and
�ts operation. He stated if the Workshop's request was honored, it would
cut fimding of the City's goverrment channel by over $11,000. He stated
some of the itans acwmplished throuc� the City's c�annel was an award from
' Sister City's International. Significant coverage is provided of City
Council meetings, publicity through the International City Managers'
Association, shared tapes with oi-her cities, and 000peration in proqramming
events and providing infozmation on tourisn facilities. He stated the fact
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GOLm?CIL MEEPTrr OF OL�BER 6, 1986
' has been established that Fridle� is ore of the leacling municiFal channels.
He stated it is hoped to e�and the cpvernnent channel in the area of public
information and training.
Coiuscil�n Goodspeed stated the reference made in the Cable Television
Commission minutes was where the money was go�ng.
Mr. Hunt stated a tudget is submitted every year on where the funds are
�,eing used.
Mr. Neiunan-So�tt stated the ACGW isn't, in any way, trying to take away
ftmd5 fran the G,ty's charu�el. He stated the three access channels work
very closely together to keep people informed what is going on in the
mmmtmity. He stated equipnent from the Workshop was used in the Sister
City's presentation and felt they could work together. He stated he
believed the City has put away a sizeable amoimt fran the franchise fee a�er
the last fine years.
Mx. Hunt stated in the history of the franchise, tl�ere has been a provisiott
that cbnations have to be used for cable purposes. He stated this sour� is
mntributions directly fran the cable oom�any since the franchise was first
inaugurated, He stated the City is not supplied with �uignent or space
fran the cable mm�ar�y.
� Mr. NeunarrScatt stated the equipnent is available to a11 access in the
wmmlmity whether it be educational, goverrmental or publ ic. He stated he
dichi't feel the Ciiy would need more than one studio. He stated, in the
future, the three access channels would work together regarding the
e3uipner�t. He stated the City's need for capital expenditures should be
very laa. He stated the ACQd spent very little on equipnent because it was
prwided tx the cable �mFariy and most of their budget is for staff.
Mayor Nee felt the City needed their avn equipment because of its own
�mmimications goal. He stated he dich't Imow if this redistribution was
made, as requsted ]x the ACdd, if it would cut ka�ck the City's activities.
i�1r. Hu�t stated if the allocation was changed, the City has the option of
cutting back on staff time or taking funds frcmt other City funding. He
stated he feLt this has to be considered more carefully before a final
decision is made tx the Co�mcil.
NDTIQN by Councilman Goodspeed to refer this item back to the Cable
Television Commission for their review. Seoonded L� Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously,
Zhe Coimcil reoeived the minutes of the (�ble Television Commission meeting
of Septanber 18, 1986.
1 10. CONSIDERATION OF LEASE AGREIIdENi' WITfi IIN7VE AL CAN IN FOR THE FRIDLEY
S.O.RT. SITE•
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CO �x' MEETIN�' OF OC1nBER 6 86
� Mr. Flora, Public Works Director, stated Universal (�n has agreed they would
operate the SORT site and provic� additional service t� purchasing f rom the
public, aluninun and bi-metal beverage cans, aluninun and oopper scrap, and
plastic pop bottles. He stated they also intend to oollect news�a�er, glass
bottles and jars, steel cans, and cardboard, Mr. Flora stated it is prposed
this facility would be open five c�ys a week, Tues�y through Saturday, fran
9 a, m to 4 p. m
Mr. P1ora stated a two year lease agreenent was pre�ared f or the Council's
�nsideration with a three year option to renew aPter the secand year. He
stated during the initial five years, Universal C�n would l�se the land for
$1.00 per year and, after five years, title for any permanent improv�nents
grwided to the site b� Universal Can would be Fassed to the City for $1.00.
Mr. Flora stated at the end of the five years, Universal c�n shall have the
option to oontinuV lazsing the site and provzding the aqreed services at a
aost to then of $300 per month.
Mr. Flora stated the City would utilize its grant monies to expand the
fenaed-in area and prwide gates at the s�te. He stated if any additional
grants are re�ived, the� would be used to imprwe the site.
NDTION tt� Coimcilman Schneider to authorize the Mayor and City Nfanager to
enter ir�o the lease agreenent with University Can, inc. for operation of
� the SQRT rec.ycling site. 5emnded by Councilman Barnette, Upon a voice
vote, all voting aye, N�yor Nee declared the motion carried unanimously.
11. CONSTDERATION OF RECEI9II�?� BIDS FOR REFC�RBISHItx AND REHABTLITATING 7Sa0 FIRE
DEPART[�NP PUMPERS • -
Mr. Robert Aldrich, Fire Chief, stated only one bid was received for the
refucbishing and rehabilitation of two �znnpers. He stated the oom�ny fran
which the bid was reaeived is well-knavn and responsible and would rewmmend
the bid be acaepted.
NDTION L� Coimcil�n Barnette to receive the bid fran 3-D Fire Apparatus of
Shawano, Wisoonsin for refurbishing and rehabilitating two Peter Pirsch
p�unpers in the Fire De�artment at a oost of $27,700 for earh tmit. Seoonc�d
la� Co�utcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee
declared the motion �rried unanimously.
NDTION b� Cbimcilman Schneider to award the contract for the refurbishing
and rehabilitation of two I�ter Firsch pmpers in the Fire I]epariment to 3-D
E'ire Ap�xatus of Shawno, Wis�nsin in the amoimt of $27,700 for each unit.
Seoonded ]x Cbtmcilman Fitz�trick. Upon a voice vote, all voting aye,
N�yor Nee declared the motion carried unanimously.
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' Mr. Hunt, Assistant to the City Manager, stated when the Council granted
this seFaration benefit to non-Uaion engiq�ees, it was thought this issue
would have to be negotiated with the various Unions. He stated the City has
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6een act�ised by the Labor Relations Council this isn't an item for the
contract, therefore, this resolution is submitted for the Council's
consideration in order to provide a se�ration benefit plan for Fire
L��rtment anplo�ees. Mr. Hunt stated this is the same gl.an approved kr� the
CAtmcil for notrUni,on engla1ees.
NDTION l� Cowzcilman Barnette to acbpt Resolution No. 108-1986. Seconded b�
Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
RESOLUTION NO 109-1986 AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN
F�[�'LPL�'E:ES OF Tf� CITY OF FRIDLEY FIRE DEPAl�I49EEI�FP E'OR 1986:
Mr. Htmt, Assistant to the Ci.ty Nhnager, stated it is ra�uested the Council
�nsider acbption of this res�lution to ratify the agreement between the
City and Union emplcr,�ees of the Fire L��artment. He stated the Fair Labor
Stancl�rc� Act ra3uires oonvezsion to an hourly wage and employees paid for
wertime on a set sci�edule. He stated this involves a 4.5� increase in
total oompensation over 1985 and going to an hourly basis, rather than a
monthly kx�sis in calculating salaries.
[�DTION }�r �tmcilman Goodspeed to acbpt Re�alution No. 104-1986, Sec,onded
]s� Cowicilman FitzFatrick. UFon a voice vote, all voting aye, Mayor Ivee
declared the motion carried unanimously.
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Mr. Qureshi, City Nhnager, stated this re5olution is required in order to
raise the revenu� for the hudget and prwides for a mil.l levy of 14.7. He
stated, if it is the Council's desire, abou� an e�ra $300,000 could be
ra�sed b� going to the mill leay limit or an increase of aY�out 1-1f2 mills.
NDTION b� Coimcilman Schneider to acbpt Resolution No. 110-1986. Seconded
t� Cow�cilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
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NDTION L� Coimcilman �tz�atrick to acbpt Resolution No. 111-1986. Seoonded
k� Coimcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried [manimously.
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FDTION ty Cowlcilman Fitz�atrick to adopt Resolution No. 112-1986. Semnded
by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee
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declared the motion carried unanimously.
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NDTION L� Co�.mcilman Barnette to adoFt Resolutian No. 113-1986. Seoonded b�
Councilman Fitzpatxick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
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NDTION lx Co�meilman Bar�rette to adppt Resolution No. 114-1966. Seconded L-s�
Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
19. RESOI,UTION NO 115-1986 CERTIFYING CERTAIN DELINOUENT WATER AND SEWER
CHAI�ES TO THE COUN!'Y AUDITDI2 FOR �LLECi'ION WITH THE 1987 TAXES:
NDTION b� Co�cilman FYtz�atrick to acb�k Res�lution No. 115-1986. Seconded
by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
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NDTION b� CAtmcilman Goocispeed to acbpt Resolution No. 116-1986. Seconded
b� Co�mcilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
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rDTiON 1� Cotmcilman Schneic�r to acbpt Res�lution No. 117-1986. Seconded
tX Coimcilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carned unammouslv.
22. CIIIIMS:
NDTION t� Coimcilm3n Schneider to authorize �yment of Claima No. 10524
through 10837. Seacrnded L� Cotu�cilman Goodspeed. Upon a voice vote, all
voting aye, N�yor Nee declared the motion carried unanimously.
23. LICIIdSES:
NDTION ty Cotmcilman Goodspeed to apprwe the lioenses as su}xnitted and as
on file in the License Qerk's Offi� with the adchtion of an auctioneer's
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lieense for Milton Anderson. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor ldee cleclared the motion carried
unani.mously.
24, ESTIMATES•
NDTION L-s� Cb�cilman kYtaxatrick to approve the estimates as su{�itted:
SamFson, Newman & Her[ick, Ltd.
6401 University Avenue N. E.
Suite 205
FricTle�, NA] 55432
For Services Rendered as City Attorney
for the Nbnth of Sept�nber, 1986. . . . . . . . . .$ 1,650.00
H & S Asphalt, Inc,
1700 Industry Blvd.
Anoka, NII�I 55303
Street Imprwenent Proj ect
No. SP. 1986 - 1& 2 (Phase I)
FINAL ESTINF�TE . . . . . . . .
Short-E1liott-Hendrickson, Inc.
200 GoFher Building
222 East Little Cana� Road
St. lhul, NN 55117
. . . . . . . . . .$ 44,182.61
Centra7. A�enue/Hi��way 65 Roadaay Redesic�
Partial Estimate . . . . . . . . . . . . . . . . $ 843.41
Seoonc�d Is,� Co�mcilman Schneider. Upon a voice vote, all votinq aye, i�7ayor
Nee declared the motion �arried unanimously.
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hI�TION b� Coimcilman Srhneider to apprwe the request to donate a surplus
qenerator to the Anoka County Community Action Program for use in their
weatherization of substancl3rd housing. 5emnded by Councilman �oodspeed.
Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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Ni�TION by Councilman Barnette to adjourn the meeting. Seconded by
Coimcilman Schneider. i3pon a voi� vote, all voting aye, N�yor Nee declared
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the motion carried unanimously and the Regular Meeting of the Fridley City
Coimcil of October 6, 1986 adjourned at 10:50 p.m.
Respectfully sul�nitted,
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Carole Hadcl3d,
Secretary to the City Coimcil
Apprwed:
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Wi11 iam S. ee
N�ayor
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