03/09/1987 - 00011266�
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� MrNrrrFG nF mr� uxrr►rau [.�,�Ii� OF 4'HE FRIDLEY CITY COUNCIL OF MARCH 9
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7he Regular N�eting of the FricIl� City Co�mcil was called to order at 7:35
p. m l� Mayor Nee.
PLIDGE OF HLLF]GIANCE:
M3yor Nee led the Goimcil and audience in the Pledge of Allegiance to the
F`lag.
ROLL CAI�L•
NENBII2S PRFSFNT:
MEMBERS ABSENT:
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Mayor Nee, Q�tmcilwanan Jorgenson, Cotmcilman
Schneider, Cotmcilman Fitzxatrick and
Coimcilmati Goodspeed
None
Mayor Nee stated the City of Fridley �oins with the Federal and State
� goverrmerits in proclaiming this year as the Year of the Reaci�r as a special
year to deal with the problans of illiteracy in the United States and
Minnesota. He stated GaTernor i�rpich has issued a procl�¢nation to this
effect and the City of Fridley also concurs and issues this proclamation
proclaimittg 1987 as the Year of the Reader.
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WNGREGATE & HOME DELIVERID MEAL�S WEEK, MARCH 15-22. 1987:
Mayor Nee stated the City has, for a nLUnber of years, had volunteers
FarticiFate in a congregate dining and home delivered meals program. He
stated the City wishes to reoocyiize the servioes of these volimteers by the
issuance of this proclamation proclaiming the week of March 15-22 as
Congrec$te and Hqne Delivered Meals Week.
Mayor Nee �esented this proclanation to Mrs. Jan Dean, Secretary of the Hot
Meals for Shut-Ins. P1rs. I�an stated their orc�xmzation has been providing
hot meal service for 14 years and serves Fridley, Spring Lake Park and
Hilltop. She stated their fimding is strictly private from service groups
and the churches pravide the drivers to deliver the meals.
Mrs. Jean stated their Treasurer, Fran Beaudry, was selected last week as
the recipient for Volunteer of the Year in the metropolitan area. She
stated their orc�nization appreciates all the assistance received from the
servioe groups and the ciiurches which make the whole �ogr�n successful.
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� IrDTION by Councilman Schneider to approve the minutes as presented.
Seoonded 1� (btmcilwanan Jorgenson. Upon a voice votE, all voting aye,
Ntayor Nee declared the motion carried unammously.
ADOPTION OF AGEAIDA:
M�TION by Councilman Schneider to adopt the agenda with the following
addition: (13) Consideration of support of the League of 6+lomere Voters
League of Minnesota Cities Ludwig Award. Seconded by Councilman
FYtzFatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
OPEN FORUM. VISI7JORS:
Mr. F'rancis van I�n, 6342 Baker Street, stated he would like to recommend
the Cotmcil acb�t a resolution or ordinance where citizens who abuse the
ric�t to wmplain would be assessed a fee for such frivolous oomplaints. He
stated he has two neic�bors who about every two years register a complaint
against him. He stated one of these persons dismvered there are orcU.ranoes
that aould be used for harassnent and thEy complain to the City. He felt
the City Inspector should contact the person who the complaint is against
before an inspection is mnducted
Mr. van Dan stated he may be guilty of his autanobile tags laFsing a week or
� s� and his neighbor will �mplain. He felt the Council should review the
intent of the ordinance, as merely buying license plates cbesn't satisfy
what he beliEVes was intencled
Mr. van Ik�n stated another oomplaint t� one of his neighbors was when his
lawn was not mv,ved, as he was out of tw�n. He stated the oomplaint referred
to rnxious weeds and there were none.
Mrs. van Dan stated she wished to endorse what her husband had stated
because it is harassnent.
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I. CONSIDERATION OF VARIALVCE REOUESTS VAR #87-01 Zt7 REDUCE THE MINIMUM
ALTAWABLE DISTANCE E73�M ANY PI20PERTY LINE FImM 10 FEET � 6 INQiES FROM THE
RIGH�OF-WAY: TO REDUCE THE SE'iBP.CK FR�M A DRIVEWAY FROM 10 FEET TO 6 FEET,
'!� P�OF7 THE ERECrION OF A SIGN ON TAT 1, BLOCR 1. WALNOT A➢Dr�rON. THE SAME
BEIN3 7365 CENPRAL AVENUE N.E.. BY HARLEY THUREEN OF THE AMERICAN LEGION
POSi' NJ. 303:
NDTION ty Gow'icilman Schneider to waive the reading of the public hearing
notioe and open the public hearing. Seconded by Councilwoman Jorgenson.
Upon a voioe vote, all vating aye, Mayor Nee declared the motion carried
unanimously and the public hearing opened at 7:55 p.m.
� Mr. Robertson, Commimity Developnent Director, stated when this varianoe was
before the Appeals Commission, the proposed location o£ the sign was
changed. He stated the purpose of the hearing before the Council is to
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� oorrectly follaa the due �ooess necessry to validate this new varianoe.
Mr. Robertson stated the ordinance requires a 10 foot setback from any
property line or driveway to avoid congestion in the public street and
traffic hazards. He stated the petitioner notes if the sign were to be
erected in compliance with the code, one needed garking stall would be
eliminated, therefore, a varianoe is reque�ted to locate the sic� in a green
area off the garking 1ot.
Mr. Robertson stated the compromise reached at the Appeals Commission
meeting was to reduce the minimtnn allaaable distarice from 10 feet to 6
inches fran the western property line and from 10 feet to 6 feet from the
eastern driveway curb. He stated the Appeals Commission unanimously
re�irnnended appraval of these trao varianc�s.
No persons in the audienoe spoke regarding these proposed variances.
MDTION 1� Cowicilman Schneider to close the public hearing. Seconded by
Councilman Fitz�atrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing closed at
8:00 p.m
Coimcilman Schneider stated the rarmal process is for the variances to come
tkzck to the Cotmcil at the neast meeting for fu�al action,
� Mr. 7hureen, Commander of the American Legion Post No. 303, stated they
would like to be able to prooeed to order the sicyi.
Ngyor Nee polled the Council and there was no objection voiced to these
variances, havEVer, final action will be taken on N�irch 23, 1987.
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NDTION Lx Coimcilman Schneider to table these appointments. Seconded by
Cotmcilman Goodspeed. Upon a voice vote, all voting aye, [fayor Nee declared
the motion carried unanimously.
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3. CONSIDERATTpN OF FIRS'�' REl1DII� OF AN ORIIINANCE RECODIFYING THE FRIDLEY CITY
CODE BY AMErIDING CHAPPER 111 II�FPITLED "LICENSING FOOD ESTABLISHMENTS AND
FOOD VEPIDING MACHINES". BY DELETING SECTION 111.13. VENDING MACHINES AND
RENiiMTNG CHaPTFR "LICFNSrI� FOOD E9rARL ��'NPS":
I�TION by Councilman Schneider to waive the reading and approve the
1 ordinanoe upon first reading. Seconded by Councilman Goodspeed. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unatv.mously.
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' 4. RECEIVING Tf� MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 25.
1987
A. �NSIDERATION �F A SPECIAL USE PERMIT, SP #87-01. TQ ALL�OW
EXTERIOR SPORAGE OF MATERIALS AAID DOUIPMENP ON Tf� EASP 125
FEEP OF Ldi' 18, BI+OCK 2, CENTRAL VIEW MANOR, TI� SF1ME BEING
7340 CENFRAL AVENUE N.E.. BY IDWARD ADID 1�SE WALDOCH:
Mr. Robertson, Conmitmity Llevelopnent Director, stated the petitioner has
requested this ite9n be mntinued.
Cotmcilman Schneider stated he looked forwar� to the petitioner and staff
working on imprwenents for tl�is pro�erty.
Mr. Walcbch stated when this Froperty was purchased in 1982 by kas �rents,
they inquired and were advised they could still continue to rent the
property. He stated there were some changes that had to be done as far as
�inting the building and access omo Old Central and 73rd.
Mr. Walcbch stated two citations were received in December for unlicensed
vehicles on the property and outside storage. He stated after receiving
these citations, more ir�quiries were mac� regarding the property. He stated
they folmd out, in 1976, there was a plan given to the avners, but were
never shaan it in 1982 when the� ir�uired and, sul�sequently, purchased the
� proFerty. Mr. waldoch stated it would take a sut;stantial �noimt of money to
bring this property up to code. He stateci if this had been known, they
would have riever purrhased the property,
Mr. Walcbch stated in looking to the future, it pro6ably is a ten year plan
to improve the property. He stated, Eventually, the j i.mkyarcls will be mwed
and give then the inoentive to do something with this piece of property. He
stated even if there was a conforming use for the property, he didn't
belieae the Farking would be adequate. He stated sameorie was interested in
the pro�eriy for a video store, but had a concern about the �rking. He
stated the size of this Farcel is a little wer 20,000 s�uare feet.
Ms. Walcbch stated Mr. Giddings is renting the building for mechanical
purposes and some of the cars outside are customer vehicles and not 7unk
vdiicles. He stated when the property was purchased, one of the main
mncerns was if Mr. Giddings would be allaaed to o�ntinue to rent and they
were advised l� the City it would be no problen.
Cotaicilman Schneider stated at the present time, there is outcbor storage an
this Fareel and three or four different uses. He stated the property is an
eyesore in the neighborhood and would like something done to have it
im�aved. He advised Mr. Walcbc� that they are in violation of the City
Coc�.
Mr. Waldoch stated they have eliminated parking on the right-of-way,
1 sandblasted the l�uilding, and the lights and islands w�.11 be taken cbwn. He
stated he is willing to work with the City to clean-up the property ana
plant some grass and shrurs. He stated he would like as much psrking as
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, possible and try to keep a renter so thc� can generate some revenue.
Mr. Idobertson stated the Planning Com¢nission is remmmending that cars only
be Farked within the property. He stated the Coirnnission was very concerned
about the greoec�nt that would be established if Farking was allaaed on the
ric�t-of-way,
Mr. Walcbdi stated his attorney oontacted Anoka Coimty for a license to Kerk
on the ric�t of-way. He stated the Co�mty first indicated thEy dic�'t think
there would be a problem with the license, however, after further
oonsideration, dich�'t want to go against the City.
Councilman Schneider stated even though the County may not have any
ols�ections, he felt the City would not go along with such an arrangement,
He felt there is an overuse of the �operty which cannot be acmmmodated on
this 20,000 square foot �arael. He stated he cbesn't want to cause an imdue
hardship to anyo�, but would like to see positive signs to improve the
property,
[�hyor Nee stated he can imderstand Mr. Waldoch's position, however, this
parcel cannot go on forever with this configuration of use and hoped
something could be worked out to everyone's satisfaction,
N1�TION by Councilman Schneider to table this item to March 23, 1987.
� Seo�nded L� Coimcilwanan Jorgenson. Upon a voice vote, all voting aye,
Nhyor Nee declared the motion carried unanimously.
B. 9DNSIDERATION OF AN ORDINANCE RECODIFYING CHAPTER 205 OF Tf�
FRIDLEY CITY OODE AS IT RELATES � DUMPSTER ENCIASURES HEALTH
CARE (T,7[�7IC PAF?K.7�, (�][7R�S ADID C�.?�GE SE�TBACKS:
NDTION IX Co�mcilman Sciineider to set the public hearing on this item for
Nhrch 23, 1987. Secronded b3 Cotmcilman Goodspeed. Upon a voice vote, all
voting aye, Nhyor Nee declared the motion carried unanimously.
Co�mcilman Schneider felt perhaFs the ordinance should be reaiciued in regard
to Farking requi.ranents for Health Clubs. He stated there seems to be a
problen at U. S. 9,aim & Fitness and if ar�ther club is built in the City, he
felt the matter of Fsrking would have to be addressed.
Mr. Robertson, Co�nwuty I�velopnent Ihrector, statea staff is aware of this
situation and is presently revicwing it.
NDTION b� Councilman Fitz�trick to receive the minutes of the Planning
Co�mnission meeting of E�bruary 25, 1987. Seoonded 6� Coimcilman Schneider.
[3�nn a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
� 5. RECEIVII� THE NIINUPES OF THE CATV AISVISORY COMMISSION MEETING OF FEBRUARY
19 , 1987 :
NDTION by Councilman Schneider to receive the minutes of the Cable
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Television Com¢nission meeting of February 19, 1987. Semnded k� Councilman
Goodspeed. Upon a voioe vote, all voting aye, N�iyor Nee declared the motion
carried imanimously.
C�ONSIDERP,TION OF APP%7VAL OF AGREEMENP Np. 67 WITH THE METROPOLITAN WASTE
4QNPROL COMMISSION:
Mr. Flora, Public Works Director, stated this is a renewal of the
interceptor maintenance aqreement for 1987 with the Metropolitan waste
Control Co�mnission. He stated the agreenent is an eoonomic benef it to the
City and does not cause any hardship to the City's sewer maintenance
progr�n. He stated there is no change in �yment from 1986 and would
remmmend the Cotmcil apixove entering into the a9reenent.
FDTION 1� Cotmcilman Schneider to authorize the Mayor and City Manager to
er�ter into Agreanent No. 67 with the I�tro�olitan Waste Control Commission.
Semnded l� Cotmcilm�n Fitzp�trick. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unammously.
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Mr. Moravetz, Cable Television Coordinator, stated the Council has
� information before than regarding the upa�ming cable franchise renewal. He
stated the Request for Proposal (RFP) is a document from the City to the
cable operator requesting theit specific proposal for the next 15 year
franchise. He stated, alang with the RFP, there is a draft ordinance to be
ased as a guide to obtain the proposal from Nortel Cable. He stated
additional materials include inf ormation from School District No. 14,
reports fran the ACQ�7 d3ted August 5 and August 13, 1986, and government
access needs chted March 5, 1987. He stated, after review this evening by
the CoLmcil, he would reoommend these cbc�nnents be submitted to the cable
oFerator for their resFonse.
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Mr. Fhtz, attorney for the Cable Commission, stated if the Coimcil agproves
the suhnission of these cbcwnents to Nortel Cable at this meeting, the cable
operator would sutmit a proposal in approximately 60 days. He stated af ter
the proposal is reoeived, the Cable Commission would review it and enter
into such negotiations that may be neoessaxy.
I�fayor Nee stated he tmderstands tmless there is a findi.ng of incompetency,
the City would negotiate with the prese� cable o�rator.
Cotmcilman Sc3ineider asked what leverage the City has in negotiations with
Nortel Cable.
Mr. Natz stated one of the groimds ior c�mal of the franchise is failure of
the cable operator to sutenit a proposal that meets the needs of the
oommtmity. He stated since Nortel has been doing business for only about
1-1/2 years in FricIle�, he dic�'t believe this shaaing wuld Y�e made.
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� Co�cilman Schneider asked the differenoe between an addressable and non-
addressable oonverter.
Mr. Nhtz stated the reason the City has an interest in addressable cable is
there are Fxogramming everns cbne on a�y per vie,v tasis. He stated this
sort of �ogr�n isn't available in FricIley hecause it isn't an addressable
systan and more and more eve[zts may go to a Fay per view tr�sis.
Cotmcilman Schneider felt it would be in the ewriomic interests of the cable
oom�ariy to �wide the addressable syst�n. He stated he clid have a concern
on �otecting a sutzscriber's �ivacy.
Mr. Nhtz stated subscriber privacy is dealt with both in the Federal and
State laws which prohibit cable operators frcm distributing information that
idetttifies the viewing habits of the su�scriber.
Cotmcilman Schneider stated he felt the addressable system may open up the
potential for abuse.
t�yor Nee stated he would just as soon not require an addressable system,
k:ut would like to specifically re3uire that production studios be maintaired
in FricIle�.
Mr. Nhtz stated as far as School District 14's proposal, this could be
� sutmitted directly to Nortel Cable for their response or staff could
research it and provide further information, He stated he felt it would be
best to suhnit it to Nortel for their review of the proposal.
Mr, Fbravetz stated the RFP contains a commitment for equignent in the
amotmt of $90,000 the first y�r and $50,000 for each succeeding year for
the 15 year franchise.
Mr. Matz stated the equignent would be distributed at the Council's
discration to public acoess, govermment or library access, or the School
District. He stated he thought if the City decided there wasn't a need for
additiort3l e3uipnerit in a given year, the funds could be accumulated in a
reserve. He stated it is an orrgoing commitment 1� the cable �m�ny in the
form of equignent, not cash. He stated the reason it is for equipnent and
not cash is so there is not a violation of the 5� franchise fee.
Mr. Nbravetz stated Mark Neunan-Soott and the ACQaT incorporated some of the
needs of the City in their report as there is a �oint use of egui�.ment. He
stated as far as atiy �apital improvenent, the studio improvements in City
Hall would be in excess of what the AC6J pro�ected.
Mr, Hwit, Assistant to the City Manager, stated the City's indication of
reecls is somewhat less than the ACGW's and there is some overlap in the
r��sts. He stated there is a 000perative effort for a maximun use of the
� limited resouroes and the two proposals are not intended to be in conflict
with each other. He stated the present franchise refers to a public access
entity and envisions only one entity that would receive equipment. He
stated the refranchisi.ng could wntain referenoe to public access entities.
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NDTION by Councilman Schneider to su�nit the Request for Proposal for
rerewal of the cable television franchise datec3 March 3, 1987 to Nortel
C�ble, along with the AC6i Business Plan dated Auqust 5, 1986; the ACQd
Report dated Auqust 13, 1986; School District No. 14 Cable Television
Propoeal chted Januacy, 1987; and goverrment access needs �o7ections c1ated
March 5, 1987. It is further recommended, there be local programming
studios and no addressable system be provided in the City of Fridley.
Seoonded Ix Coimcilman Gooc�peed. [Tpon a voioe vote, all voting aye, NL�yor
Nee declared the motion carried unanimously.
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Mr. Qureshi, City Marr�ger, asked if there was a review 1� the Co�mty of this
plat and the need £ot a bikeway/walleaay e�sement.
Mr. Robertson, Community Develognent Director, stated the County was
mntacted and a verbal reaommendation was reoeived that the� dich't need arry
additional right o£-way.
Mr. Flora, Public Works Director, stated the bikeway/wallaaay is not in this
part of the City, but on the west side of East River Road along the
Mississippi River. He stated the Coimty acT�ieed the3 didn't need any more
easement.
M�TION b� Co�mcilman EYta�atrick to adopt Resolution No. 25-1987. Seconded
1� CoLmcilman Gooclspeed
Mr. RDCkenstein, attorney for Longview EYbre, stated the probl�n with the
lan�caping has been resolved. He stated the City has r�uested a 20 foot
water main easement along the entire east pro�eriy line fran 62nd to the end
of the �operty. He stated Longview Fibre is willing to grant this easement
if the City enters into an agreenent containing provisions that Longview
Fibre be indemnified because of any City action on the line, the City
mair�t.ain the line, and the City would not interrupt the rail setvice. He
stated staff has advised him that er�tering into such an agre�nent has not
been d�ne in the Fast. He stated this agreanent is not imusual and several
similaz ones have been exiecuted in other mmmunities. He stated Longview
Fibre would appreciate the Cotmcil's oonsideration of this agreenent for the
protection of 6oth Farties.
Mr. Herrick, City Attorney, stated he is not familiar with what Longview
Fibre is proposing, but it is true the City hasn't entered into these kinds
of agreements. He stated he didn't know if there was anything in the
agreanent that modifies, substarrtially, tl�e common law obligations of the
City. He stated he was sam�[ahat conoerr�d about the prwision that ra�uires
the City to indemnify Longview Fibre for damages in regard to the rail
setvice. He stated as fa[ as the prarision on replaaement and rep3ir, this
is stanc�ird practiee.
Cotmcilman Fitz�atrick stated it se�ns ftarther review is required by staff
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' of this agreenent before action is taken on this plat.
NDTION kX Coimcilman FitzFatrick to table this it�n. Se�nded ix Cotmcilman
Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
Mr. Rockenstein stated he would like the Cotmcil to take action on the plat
so thEy can prooeed with their plans. He statea Longvie�v Fibre learned last
week that the City desired an easement and didn't know there would be any
difficulty with the agre�snent presenteci. He stated if the City isn't
mmfortable with this easanent agreanent, Longview muld live without it,
N�yor Nee suggested perhaps Mr. Rockenstein, the City Attorney, and members
of the City staff muld meet to see if thi5 matter oould be resolved before
the end of this Cowtcil meeting,
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Mr. Robertson, Community Developnent Director, stated a certificate of
suroc� has now been reoeived for this lot split apprwed by the Council on
October 6, 1986, and this resolution is necessaty for the lot split to be
reoorded at the Cow�ty.
� NDTION k� Cotmcilman Schneider to adopt Resolution No. 26-1987, with the
stipulations attached as Exhibi.t A. Seoonded lx Coimcilman Gooclspeed. [TFnn
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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N17TION by Councilman Fitz�trick to remove this item from the table.
Seoonded bi Coimcilman Gooclspeed. [Tpon a voioe vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
Mr. Robertson, Commtmity Developnent Director, stated the matter of the
easement was discussed and the City will reimburse the applicant for
installation of this water line extension imderneath tl�e railroad spur. He
stated Mr. Pockenstein agrees that stipulation No. 8 be changed to ad� the
worcis: "and eactend the line 25 feet to the north of the relocated railroad
spur" and stipulation No. 9 be changed as follows: 'T,ongview Fibre agrees
to �wide a 20 foot utility �sement on the east line of the plat prior to
e�cution of the plat. "
MDTION L� Coimcilman FitzFatrick to acbpt Resolution No. 25-1987, with the
nine stipulations attached as Earhibit A, and the changes recommended to
� stipulations No. 8 and 9. Seounded tr� Cotmcilman Gooc�speed. Upon a voice
vote, all voting aye, Nhyor Nee declared the motion carried unanimously.
10. CLAIMS:
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NDTION lx� Co�cilman Schneider to authorize payment of Claims No. 13161
through 13382. Seoonded tr� Coimcilman Goodspeed. Upon a voice vote, all
voting aye, N�yor Nee declared the motion carried unanimously.
11. LICENSES•
1�DTION 1� Cotmcilman Gooclspeed to apprwe the lioenses as subma.tted and as
on file in the Lioense Qerk's Offioe. Se�nded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
una►umously.
12. ES't'IMATES:
DDTION b,� Coimcilman FitzFatrick to apprwe the estimates as subnitted:
Herrick & Neaman, P.A
6401 Oniversity Avenue N. E.
FricIley, NID7 55432
For Services Renc�red as City Attorney
Fbr the month of February, 1987 . . . . . . . . . . . . $ 1,650.00
Seoonded L� Co�mcilman Schrieider. Upon a voioe vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
13. O�NSIDERATION OF SUPPORT OF THE LEAGUE OF WOMEN VOTERS LEAGUE OF MINNESOTA
CITIES L[ID[�2G AWARD:
NDTION by Councilman Schneider to support the Leaque of Women Voters'
nwnination for the League of Minnesota Cities Ludw�.g Award. Seconded by
Councilman Fitz�trick. Upon a voice vote, all aoting aye, Mayor Nee
declared the motion carried unammously.
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[�DTION by Councilman Schneider to adjourn the meeting. Seconded by
Cotancilman Fitzpatrick. Upon a voice vote, all voting aye, Nayor Nee
declared the motion carried unanimously and the Regular Meeting of the
Fric�e� City Cotmcil of N�rc3� 9, 1987 adjourned at 9:20 p.m
Respectfully sukmitted,
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(�role Haddad
Secretary to the City Council
Apprwed:
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Willian J. Nee
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