02/26/1979 - 00013895THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY
26, 1979
The Regular Meeting of the Fridley City Council was called to order by Mayor
Nee at 7 42 p.m.
PLEDGE OF ALLEGIANCE�
Mayor Nee led the Council and audience in the Pledge of Allegtance to the
Flag.
ROLL CALL
MEMBERS PRESENT
MEMBERS ABSENT
APPROVAL OF MINUTES:
Mayor Nee, Counc�lman Barnette, Councilman Schneider,
Counc�lwoman Moses and Councilman Fitzpatrick
None
REGULAR MEETING, FEBRUARY 5, 1979:
MOTION by Counctlman Schneider to approve the minutes of February 5, 1979
as presented. Seconded by Councilman Barnette. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
PUBLIC HEARING MEETING, FEBRUARY 12, 1979:
MOTION by Councilman Fitzpatrick to approve the minutes of February 12, 1979
as presented. Seconded 6y Counctlman Schneider. Upon a voice vote, all vot-
ing aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGEN�A:
Mayor Nee requested two items be added at the end of the agenda: (1) Communi-
cation from Judge Forsberg and (2) Financial Report - Re Islands of Peace
MOTION by Councilman Schneider to adopt the agenda with the above two amend-
ments. Seconded by Councilman Barne±te. Upon a voice voie, all voting aye,
Mayor Nee declared the motion carried unanimously
OPEN FORUM. VISITORS:
Mr Tom Myhra appeared before the Council regarding Ethnic Day in Fridley
and requested the Council consider adoption of a resolution designating
March 31 as Ethnic Festival Day.
Mayor Nee stated the Council would take up the matter of the resolution later
in the agenda.
PUBLIC HEARINGS:
PUBLIC HEARING ON IMPROVEMENT• SIGNALIZATION IM�ROUEP1ENT ST, 1979-5
INTERSECTION OF TH 47 AT 69TH AVENUE :
PETITION #1-1979 ENTITLED "TRAFFIC SIGNAL AT TH 47 AND 69TH AUENUE":
ADOPTION OF RESOLUTION #36-1979 ORDERING IMPROVEMENT AND FINAL PLANS AND
SPECIFICATIDNS AND ESTIMATES OF COSTS THEREOF• SIGNALIZATION IMPROUEMEMENTS
ON TH 47 AT 69TH AVENUE NE - ST. 1979-5
MOTION by Councilman Barnette to waive the reading of the public hearing
notice and open the public hearing. Seconded by Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously
and the public heartng opened at 7 45 p m.
Mr. Sobiech, Pub7tc Works Director, explained the proposed improvement con-
sists of signalization at TH 47 and 69th Avenue. He stated, over a number
of years, the City has been aware that th�s intersection was hazardous and
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REGULAR MEETING OF FEBRUARY 26, 1979 PAGE 2
this was discussed with the State and County in an attempt to have a siqnal
installed. Mr. Sohiech stated the narrow median strip doesn't provide the
proper protection and po�nted out the fact that this is the only �ngress and
egress point for residents on the West side of University
Mr. Sobiech stated the response from the State, to date, is that although
the signal is warranted, it is prioritized lower than other s�gnals in the
' metropolitan area. He pointed out that the State has only installed signals
where they have received Federal participation, and is reluctant to proceed
in this case with the typtcal cost shar�ng approach because of the low prior-
ity.
Mr. Sobiech explained, therefore, the purpose of the hearing this evening
was to receive input from the restdents on the proposed signalization at
this intersection and to determine if they would be willing to share in the
cost.
Mr. Sobiech stated the proposed cost shar�ng for this improvement would be
75% from gavernmental agencies and 25% from surrounding property owners
He explained the total esttmated cost is $104,000 and the assessment per
residential lot would be about $250 Mr. Sobiech stated the Woodcrest Baptist
Church would also be assessed, which would amount to eight single family lots,
or $2,000.
Mr. Sobiech stated, in order to make up the remaining costs, the City would
contribute $25,000 from the General Fund and Anoka County, $25,000, because
of Columbia Arena which adds to the trafftc. He stated, even though the
State, at th�s time, indicated they didn't want to participate, this matter
will still be pursued and it is hoped they would contribute about $25,000
Mr. Sobiech pointed out, if there is an extension of the regional trail
system across Locke Park and tying into Locke Lake, there would be an influx
, of 6ike and pedestrian traffic so the State would have to pay their fair
share. Mr. Sobiech stated, at this time, the costs are estimates and it
is hoped the bids would come in lower, but felt the $250 per lot was a realis-
tic figure.
Mr. Brunsell, City Clerk, stated this assessment could be spread over a 10
year period at an interest rate of 7 1/2%, if the property owner so desired.
He stated, tf the resident wished to pay it at the time of the assessment
hearing, then no interest would be due.
Councilwoman Moses asked if Anoka County is willing to go ahead with the
signalization.
Mr. Sobiech stated only the State recognizes the low priority, but the County
has been supportive of the City regarding signalization at this intersection.
Councilman Schneider questioned what the cost would be to the City, tf they
waited until the State installed the signal. Mr. Sobiech stated, if the
State installed the signal, the Federal government would pick up $76,000
and the remaining costs would be split 50/50 between the State and City.
Mr. Qureshi, City Manager, stated the City's contribution, in the past, for
stgnalization on State M ghways in the last few years has been in the area
of $4,000-$5,000. However, in this case, the City's contributton would
be about $25,000.
� Mr. So6iech pointed out that this signal is ltsted 53rd on the State's prior-
tty list and they generally install 12 to 14 signals per year.
MOTION 6y Councilwoman Moses to receive petition #1-1979 from residents on
the west side of University in favor of the signalization. Seconded by
REGULAR MEETING QF FEBRUARY 26, 1979
Councilman Schneider.
PAGE 3
MOTION by Councilman Barnette to receive the letter from Richard Stanton,
dated February 26, 1979, regarding the signal. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
Mayor Nee stated the Council is not trying to push th�s signalization, but
wanted to hear comments from the restdents on this approach. He stated,
�f the residents feel the financial arrangement isn't acceptable, then the
City probably won't proceed. He stated the Council normally doesn't order '
in a project unless over half of the people in the assessment district have
petitioned for it.
Councilman Barnette stated he lives in the netghborhood and this matter of
signalization was something that was brought up to him from people on both
sides of University. He stated, from reviewing correspondence, the City
has made every effort with the State to try and get a signal at this inter-
section, He felt the proposal from staff was a good idea to try and get the
signal as economically as possible. Councilman Barnette stated that every-
one he has talked with was in favor of the proposal.
Mr. Michael Kuzyk, 280 Rice Creek Blvd., stated he lived in the area when
University was proposed to be a dual lane highway. He stated the State
promised the residents two things; a stop light at no cost to the residents
and a walkway to go from the east to the west side of University. He stated
neither one of these have been done and even though he complained about the
speed limit, it hasn't been lowered. Mr. Kuzyk stated he wanted a signal
at this intersection, but didn't think he should be taxed for it. He stated
he would go along wtth the ma�ority, but is against paying for the signal.
Mr. Kurzyk questioned why Columbia Arena isn't going to be taxed on a lot for
lot basis.
Mayor Nee stated the City is going to request the County participate �n the
cost for this signal, but don't have any assurances they will do so.
Mr. J�m Gagnon, 561 Rice Creek Blvd., stated he didn't believe that, �ust ,
by �nstallation of the signaT, it would help the traffic problem. He
pointed out that 69th is not a through street and felt, if you put a traffic
light at this intersection, the traffic you will have in the area would be
more detrimental than crossing the intersect�on. He felt, when signalization
is installed, it increases traffic hazards. He stated, for the thousands
of cars that use University, it means contending with another traffic light
and didn't think anyone travelin9 north and south would be in favor of the
signal. Mr. Gagnon stated, when you 9et semi-trucks stopping at this light,
the noise and pollution level will go up.
Mr. Gagnon felt there should be a service drive on the west side of University
all the way to 73rd Avenue. He felt it hard to helieve that a street that
services two dead end areas would benefit from signalization.
Mr. Sob7ech, Publ�c Works Director, stated the service drive on the west is
a possibil�ty, however, there will be commercial and industrial development
in this area and the City would want to min�m�ze the impact on the restdents
to the south af this development.
Mr. �ack Krichen, 238 - 69th Place, stated he sees children every morning
trying to cross the highway and pointed out that people on the west side
cannot make use of the facilities on the east side of University, because
of the danger of crossing the M ghway. He stated he would like to be able
to cross safely at this intersection and supported the proposal for the sig- �
nalizatton.
Mrs. Peterson, 277 Rice Creek Blvd., stated she has seen, th�s past year,
where two school buses were almost involved �n an accident at thts location
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REGULAR MEETING OF FEBRUARY 26, 1979 PAGE 4
and felt, one of these days, it is going to happen.
Mrs. Peterson felt the question of signalization bears a lot of consideration,
6ut felt she should not 6e taxed for it.
Councilman Barnette stated he feels exactly as Mrs. Peterson does, but that
this isn`t ihe point now as ihe State will not instaTl signais at this time.
He felt the City has tried everything they could to have the State install
this signal and it now appears this would he the only immediate solution.
� Mrs. Peterson felt they should not wait unt�l there is a ser�ous accident
before action is taken, but indicated she was opposed to the fact that they
have to pay for it. She stated, however, if the ma�ority is in favor, she
would go along with the proposal.
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Mr. Robert Hagel�n, 545 Rice Creek Blvd., stated he was 7n favor of the pro-
posal primarily because $250 is not much to pay for his children's lives.
He felt the signal should be installed before someone �s killed.
Mayor Nee stated that Senator Schaaf has introduced spectal legislation
that, if the City pays for the signal, they could be reimbursed. He stated
the problem is that the Highway Department opposes this at the hearing.
Mr. Jim Cass, 273 Rice Creek Blvd., stated he agreed with Mr. Hagelin's comments
and was in favor of the s�gnalization.
Mr. Jerry Maeckelbergh, 425 Rice Creek Blvd., stated the quest�on of signal-
ization at this intersection has been talked about in the ne�ghborhood a
long time. He pointed out that 69th Avenue is the only intersection on
University Avenue all the way through the City that doesn't have a signal.
Mr Maeckelbergh stated that children do go back and forth across the
highway and would agree with Mr. Hagelin that $250 is a small cost to pay
for insurance.
Mrs. Betty Schweppe, 260 - 69th Avenue, tndicated she would go along with
Mr. Gagnon's comments regarding the service road. However, if this couldn't
be done, she felt the $250 was nothing to pay for the lives of their children.
Mr. Ernie Harper, 257 - 69th Avenue, questioned why this intersect�on was
so low on the State's list of priorities.
Mr. So6iech stated it is based on the acc�dent rate and traffic counts, as
compared with other intersactions in the metropolitan area.
Mr. Harper felt possibly they should close the median and have a service
drive on the west side of University, but indicated, as of now, he ts wide
open on the proposal.
Councilwoman Moses stated she would like to get the matter of the serv�ce
road concept dealt with and asked about this possibility.
Mr. Qureshi, City Manager, stated the question is how much interest there
is in this concept and stated, from past experience and �nput it is not a
v�able alternat�ve.
Mr. Lawrence Anderson, 220 Rice Creek Blvd., stated if property on the west
side of University was going to be developed by the County for park purposes,
what about a walkway over the highway for people on both sides of the h�gh-
way to use the facility?
Mr. Qureshi, City Manager, stated the State's experience with walkway over-
passes has been very poar, as people do not use them. He pointed out also
that the cost for the signalizat�on or a walkway would be about the same.
Mr. Anderson stated it wouid appear that possibly the service road has some
merit, if the crossing could be eliminated at 69th Avenue.
REGULAR MEETING QF FEBRUARY 26, 1979 PAGE 5
Mr, qureshi felt it would be the choice of the people, if they felt this
would be a better solution. He stated, however, there �s also the time
factor involved for emergency vehicles, if the median were closed. Mr.
Qureshi stated the matter of closing the median was discussed eight or
nine years ago and the neighborhood, at that time, was not in favor of it;
however, the feeling of the residents may have changed.
Councilman Schneider asked Mr. Anderson if he was tn favor of th�s proposal
for signaltzation, not taking into account the matter of the service road.
Mr. Anderson stated he would 6e in favor of the si9naltzation.
Mr. Arden Foss, 461 Rice Creek Qlvd., stated he lives on the east side of
University and indicated he was very much in favor of this proposal for
signalizat�on.
Mrs. Kathy Pattock, 401 Rice Creek Blvd., indicated she was in favor of the
signalization.
Mr. Bill Zaie, 242 - 69th Avenue, stated he was in favor of the proposal
and would go along with the $250 assessment.
Mrs. Jean Reveling, 181 - 69th Avenue, stated this was a dangerous inter-
section and something had to be done and ind�cated she was �n favor of the
proposal.
Mrs. Gasper, 501 Rice Creek Blvd., stated she was in favor of the proposal.
Mr. Kuzyk, 280 Rice Creek Blvd., stated he was against it, but will go along
with the ma�ority, providing they lower the speed limit to 50 MPH.
Mayor Nee stated the City has an application in to the State for reduction
of the speed limit.
Councilman Barnette stated the people should know the Council is very con-
cerned about the speed lim�t, however, because it is a State highway, they
determine the speed.
Mr. Ron Andrle, 255 Rice Creek Blvd., pointed out, even if there was a
service drive, children will still be crossing University and felt they
have to think of them and stated he was in favor of the s�gnal.
Mayor Nee requested, by a show of hands, how many were in favor of the
proposal for s�gnalization. About 27 persons indicated they were in favor.
By a show of hands, about three indicated they were opposed.
Councilman Barnette, who lives in the area, indicated he was in favor of
the proposal
Councilman Schneider stated he is, reluctantly, for it, since it could
possibly set a precedent.
Councilwoman Moses stated she would be in favor of the proposal, as she
felt most of the people wanted it.
Councilman Fitzpatrtck indicated he would be in favor. He stated, if an
accident occurs at this intersection, many people all over the City would
be hurt and felt, it was not only in the interest of the neighborhood, but
a much wider area to support this proposal as long as the res�dents in the
area are willing to assume the assessment.
MOTION by Councilman Fitzpatrick to close the public hearing. Seconded
6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing closed at
8:55 p.m.
Mayor Nee stated normally the Council would not take action on this �tem
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REGULAR MEETING OF FEBRUARY 26, 1979 PAGE 6
until next week, but if they would like constructton started this season,
the Council cou1d take action at this meeting.
MOTION by Councilman Barnette to adopt Resolution �36-1979 and order the
signalization improvement at TH 47 and 69th Avenue, Improvement Pro�ect
1979-5, as early as possible. Seconded by Councilwoman Moses Upon a
voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously.
MOTION by Counctlman Fitzpatrtck to waive the reading of the public heartng
nottce and open the public hearing. Seconded by Councilman Barnette. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously
and the public hearing opened at 8:56 p.m.
Mr. Sobiech, Public Works Director, stated the vacation is requested in order
to allow Viking Eng�neering to enclose a storage dock at 7740 Beech Street N.E.
The request is to vacate the easement for drainage and utilities that was
retained when Gumwood Street was vacated, except that part of the easement
needed by the utility companies which lies between Blocks 5 and 6, Onaway
Addition, and bounded on the north by the westerly extension of the north
line of Block 6, Onaway Addition, and bounded on the south by the westerly
extension of the south line of Lot 11, Block 6, Onaway Addition.
Mr. Sobiech stated the Planning Commission held a publ�c hearing and has
recommended approval of the vacation, except that part actually needed by
the utility companies
No persons in the audtence spoke for or against this proposed vacation.
MOTION by Councilman 5chneider to close the public hearing. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously, and the public hearing closed at 9 p.m.
, PUBLIC HEARING ON FINAL PLAT; PRELIMINARY SUBDIVISIDN P.S. #78-07 INNSBRUCK
NORTH TOWNHOUSE PLAT 5 AND TOWNHOUSE DEVELOPMENT T-#78-01, FOUNTAIN OAKS
BY DARREL A FARR DFVFI OPMFNT f.f1RP_ GFNFRAI I Y I ncArFn NnRTU nF r_�qa
MOTION by Councilman Schneider to waive the reading of the public hearing
notice and open the public hearing. Seconded 6y Councilman Fitzpatr�ck.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously and the public hearing opened at 9 p.m.
Mr. Sobiech, Publ�c Works Director, stated this is the proposed final
plat for the 5th Addition in the Innsbruck North Townhouse �evelopment.
He stated the plat was previously considered about two years ago and is
now before the Council with a little different design concept and re-
duction �n the number of units
He stated what is proposed at this time is development of 78 townhouse
units. With this development, there will be a final density of 636
units in the vartous phases that have taken place.
Mr. Sobiech stated the Planning Commisston held a hearing and recommended
approval with certain stipulations. These stipulations were that a
memorandum of agreement be reached and signed 6y the Innsbruck North
, Townhouse Association and the Darrel Farr Qevelopment Corporation; that
affidavits be filed with the plat on noise problems s�milai° to the 4th
Addition; that approval 6e obtained from the Rice Creek Watershed District;
- that a performance bond for the exterior development be placed with the
City, and that the walkways be completed and lighted and all other walk-
ways within all other plats and all other easements for walkways in all
other plats be finalized with this plat at a timetable to be set.
P1r. Sobiech felt, in order to tie up loose ends, several items should
be included with thts final plat such as the developer will plat and
develop 78 townhouses; water, sewer and storm sewer should be constructed
REGULAR MEETING OF FEBR�ARY 26, 1979 PAGE 7
to the City's plans; suggest that the requirement for the developer to
install tennis courts, as outlined in the Innsbruck Village plat, 6e
eliminated and instead an amount of $20,000 be given to the City; insure
that all easements are obtained for the pathways together with completion
of the lighting system; developer must satisfy certain landscaping and
spacing requirements and must satisfy all present owners; the City is
not responsible for construction of no�se barriers or maintaining them;
developer should pay the cost of sealcoating because of the high amount
of construction in this area and there should be a performance bond in
the amount of $5,000 to cover the sealcoating and landscaping items;
there should be a performance bond in the amount of $8,ODD from the
developer to the Townhouse Association to take care of any other items
that may come up.
Mr. So6iech stated, in the 1976 plat, there was money escrowed for in-
stallation of the tennis courts, however, the costs now have risen
since 1976.
Mr. Farr stated he would l�ke to see the $15,000 used for tennis courts
in the Innsbruck North area. He stated there is a site on the City's
park land and that was intended where they would be installed.
Councilman Schneider stated his recollection was, when the money was
escrowed, that the location was yet to be determined. He stated he
believed the City and developer errored and there is no obvious place
now to put the tennis courts.
Mr. Farr stated the site that was discussed at staff level was just to
the northwest of the Black Forest Apartments. He stated it is land that
was dedicated to the City as park land.
Councilman Schneider stated the staff is recommending an amount of $20,000,
instead of the $15,000, because of the rise in costs, and the location
of the tennis courts is a problem the Council will have to face.
Mrs. Ela7ne Hummel of the Townhouse Assoctation stated they are interested
in having the tennis courts and feels the perfect spot would be the
recreational area that �s presently being used by the children as a
tot lot.
Mr. Sobiech stated the original agreement was for two tennis courts on
public park property and at a location to he determined by the City.
He stated it has been suggested that the courts be constructed on vacant
property north of North Park School.
Mr. Stephen Tollison, 5538 Meister Road, stated when the discussion
came up before, there was more talk about cost than location. Mr.
Tollison stated, in the replat in 1976, the tennis courts were to be lo-
cated in an area at 7east continuous to the Association to service the
people that live in that area. He stated nothing was sa�d t�at they had'
to be side-by-side. He stated the Board of �irectors of the Townhouse
Association would recommend that the area where the tot lot is now 6e
used for the tennis courts.
Councilman Schneider stated he talked with the residents on East Danube
and they are against tennis courts at this location.
Mr. Toll�son stated he felt the location at North Park Schoo7 would be
far from what they talked about, as the discussion was specific that
the idea of the tennis courts was to take care of, primarily, the re�-
reational needs of people in the area.
Counc�lman Schneider stated the general policy of the City is to require
developers to dedicate money or land for recreational facilities and it
doesn't mean that they will be built right in that location.
Mr. Tollison felt the idea was that they were to 6e built in close
proximity.
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REGULAR MEETING OF FEBRUARY 26, 1979 PAGE 8
Councilman Schneider stated they probably have a disagreement between
tfie Townhouse Association and single family res�dences, as the persons
in the single family residences seem to prefer location of the tennis
courts at North Park School.
Councilman Schneider felt this location tends to make the tenn�s courts
more open to everyone, instead of the location behind the Black Forest
Apartments which tend to make them more private.
Mayor Nee stated the Council could explore the actual site in the next
, few weeks, as the final plat doesn't require that the site be determined,
only that the money be escrowed.
Mr Qureshi, City Manager, questioned why the Townhouse Associat�on
hadn't requested recreation facilities for this particular plat.
Mrs. Hummel stated the Association felt they should have some area of
open space for recreational use.
Mr. Tollison suggested they could put another tennis court adjacent to
the one they now have, but then it becomes too restrictive which really
wasn't their intent.
Councilman Fitzpatrick felt that, while the Association and developer
might have negotiated with each other, the City does have a City-wide
policy and didn'tfeel it can be settled exclusively with the Townhouse
Association and the developer.
Councilman Schneider asked if the tennis courts were not to be built
in the boundaries where the Townhouse Association would like them, �f
they would prefer a court in the 5th Addition
Mr. Tollison felt the Association really didn't address this question.
He stated they negotiated with Mr. Farr on what kind of recreational
facilities they wanted. He felt the tennis courts are a separate item
, and have to be handled separately.
Mr. Farr stated he felt this plat is part of a planned development and
didn't feel they should have to contribute any additional montes, He
pointed out that he didn't feel the $20,D00 for the two tennis courts
was totally out of line in light of what they have already contri6uted
Councilman Schneider stated, if the Townhouse Association, knows they
don't want the tennts courts in the 5th Addition, the Counc�l could
proceed with the plat.
Councilman Schneider asked Mrs. Hummel and Mr. Tollison, representat�ves
of the Townhouse Association, if they were satisfied with the agreement
with Mr. Farr, the developer. Both indicated they concurred with this
agreement.
Councilman Schneider referred to the landscaping requirements and reference
to leaving the trees.
Mr. Farr stated he looked at this plat with great detail to set construct�on
limits, and meeting any requirements the C�ty has, to make sure they
don't intrude on the area that they stated would remain "natural"
Mr. Sobiech stated they have d�scussed with Mr. Farr a different technique
' for grading and excavation and they intend to do a stte at a time and
not the entire area and, 1n this way, should have better cantrol.
Councilman Schneider asked if the C�ty had any control to insure that
the trees would be left.
Mr. Herrick, City Attorney, stated this could be made part of the agreement
REGULAR MEETING OF FEBRUARY 26, 1979 PAGE 9
that no construction or changing the topography would take place on the
outlots.
Mr. Qureshi, C�ty Manager, stated, realistically, they would only be
preserving the outlot areas.
Mr. Farr felt the easiest way to approach this is to make an exhibit
to the development agreement showing construction limits.
Mr. Herrick stated, from a practical standpoint, he wouldn't want to see
restrictions imposed that are not practical to enforce. He felt possibly, ,
when the building permits are submitted, that the developer's representa-
tives and the City's engineering staff could agree what areas are practical
to maintain in their present condition.
Mr. Qureshi stated the agreement could be amended to add that the developer
will work with the City staff to set up practical construct�on limits.
Mr. Herrick stated something could be added to the effect that the owner
and City Engineer will agree on construction limits prior to issuance
of building permits and that the area outside the construction limits
will not be distur6ed or the topography changed.
No other persons in the audience spoke regarding this plat.
MOTION by Councilman Schneider to close the public hearing. Seconded
by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing ciosed
at 10 p.m.
S�nce this item for consideration of approval of the final plat, Subdivision
P.S. #78-07, Innsbruck North Townhouse Plat 5 and 7ownhouse Development
T-#78-01, was on the Council's agenda for later in the meeting, action
was taken at this time.
MOTION by Councilman Schneider to approve the final plat for Subdivision ,
P.S. #78-07, Innsbruck North Townhouse Plat 5 and Townhouse Development
T-#78-01, Fountain Oaks, subject to the agreement before the Council.
Seconded 6y Councilman Barnette.
MOTION by Councilman Schneider to amend the agreement, concerning thts
plat, 6y adding an Item 12 w�th the following �emtativelanguage, subject
to review of the City staff. "That the owner and City Engineer will
agree on construction lim7ts prior to issuance of building perm�ts and
that the area outside the construction limits will not be disturbed or
the topography changed". Seconded by Councilman Barnette. Upon a voice
vote, all voting aye, P1ayor Nee declared the motion carried unan�mously.
Mr. Qureshi, City Manager, asked if the matter of the tennis courts would
be addressed at this time
Mayor Nee stated the way the mot�on reads is that they will not require
more tennis courts, recognizing that the two additional courts might not
be within their development.
Councilman Schneider questioned the representatives from the Townhouse
Association if they understood what this motion covered. Both Mrs. Hummel
and Mr. Tollison 7ndicated they knew there wouldn't be any requirement
for a tennis court tn the 5th Addttion.
UPON A VOICE �OTE TAKEN Ofd THE MAIN P10TION, all voted aye, and Mayor Nee '
declared the motion carried unanimously.
Councilman Schneider stated he appreciated Mr. Farr's cooperation w�th
the Townhouse Association.
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REGULAR MEETING OF FEBRUARY 26, 1979
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Pl7BLIC HEARING ON REZONING REOUEST; ZONING ORDINANCE AMENDMENT '�78-07, BY
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MOTION by Counc�lman Schneider to waive the readings of the publ�c hearing
nottces and open the public hearings. Seconded by Councilman Barnette.
, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously and the public hearing opened at 10.05 p.m.
Mr. Sobiech, Pu61ic Works Director, stated this is a request on a final
plat for property generally located south of 73rd Avenue between University
and the railroad tracks. He stated the plat consists of two blocks, one
with 13 lots and, generally, 12 lots in the other. It is proposed that
there will be C-2 and M-2 property in the plat. Mr Sobiech stated
the M-2 properties would be the four larger lots abutting the rallroad
tracks.
The Planning Commission has held a public heartng on th�s request and has
recommended approval. He stated the Commission has recommended a 35 foot
setback along "A" street, instead of the required 100 feet, w�th the under-
stand�ng there would be a 100 foot setback from 73rd on Lots 1 through
4 in the M-1 zone. This would allow for loadtng areas to be located to
the rear of the property.
Mr. Sobiech stated the drainage is to flow from the north to the south,
with a proposed pond on the south area, outside of this plat. He stated
the Planning Commission indtcated there should also be approval from
the Rtce Creek Watershed District for drainage of this plat and that
the developer's engineer is working with the Watershed District.
Mr. Sobiech stated the Commission also recommended the south l�ne of the
� plat 6e moved to coincide with the existing utility easement. Mr. Sobiech
stated an easement should be requested for the area south of the plat
for the option of access from 69th or 73rd Avenues
P9r. Qureshi, City Manager, stated the City doesn't want an access road
designed to carry truck traffic. In this plat, what the City is seeking
is to have an access easement to keep all options open.
Mr. Tim Munn, owner of property on the west side of the Burlington
Northern railroad tracks, asked if he would be assessed for any improvements
in this plat.
Mr. 5obiech stated all improvements for this plat would be paid for by
the developer and Mr. Munn's property would not be affected.
Councilman Fitzpatrick quest�oned if the City was depending too much on
the Watershed �istrict to revtew the plat and wondered if the City is
closely monitoring the drainage.
Mr. Sobiech stated the City is trying to adopt the rules and regulations
of the Watershed District and these regulations will also satisfy the
City's concerns.
Counctlman Fitzpatrick felt the City should be confident that the rules
' and regulations of the Watershed �istrict are as sensitive as the City
wants them to be as he felt, with property farther North, the City probably
_ actually required more than what the Watershed District's regulations
would have provided.
Mr. Sobiech stated that, eventually, this water would end up in Locke Lake
so the City, as well as the Watershed District, will be very sensitive to
this matter
Councilwoman Moses asked if the 35 foot setback off of University would be
the normal setback for a house.
REGULAR P1EETING OF FEBRUARY 26, 1979 PAGE 11
Mr. Sobiech stated the Zoning Code reGuires 100 feet from a right-of-way
line wh�ch is across from a commercial zone. He stated this is supposed
to be for protection of the commercial properties from the industrial.
Mr. Sobiech stated he didn't think there would be any �mpact on the
commercial areas from this �ndustrial zone.
Mr. Qureshi, City P4anager, stated, if the 35 foot setback is allowed, the
stipulation should be that no loading docks would be permitted in the front,
but would have to be at the rear of the property
Counc�lman Fitzpatr�ck stated he ob�ects to creating plats ihat immediately
require a variance. He felt there is something wrong with the ordinance,
if a var�ance is required on a new plat.
P4r. So6iech indicated they have a large amount of property ihey are dealtng
with and felt they have better control and an idea on how things will
develop and that, perhaps, the Zoning Code needs review. He felt it is
an offsetting of ob�ectives since, by allowing the 35 foot set6ack, the
loading docks will be located to the rear of the property.
Councilman Fitzpatr�ck stated, in reference to the sensitivity of the
drainage problem to the Pdorth of this ar�a, that he didn't want to go
on record that this area �sn't sensit�ve� He pointed out, however, he
had the experience in the past of seemingly following the rules and finding
them inadequate.
Mayor Nee stated he would interpret the ponding areas as a show that the
City ls sensit�ve to the drainage.
No other persons in the audience spoke for or against this plat or the
rezoning.
MOTION by Councilman Schneider to close the pu6lic hearings. Seconded by
Councilman Barnette. Upon a voice vote, all voiing aye, Mayor Nee declared
the motion carried unan�mously and the public hearings closed at 10:38 p.m.
NEW BUSINESS:
CONSI�ERATION OF FIRST READING OF AN ORDIPdANCE FOR VACATION REOUEST.
MOTION by Councilwoman P1oses to waive the reading and approve the ordinance
upon first reading Seconded by Councilman Schneider. Upon a votce vote,
all voting aye, Mayor Nee declared the mot�on carried unanimously.
CONSIDERATION OF FIRST READING OF AN ORDIPJANCE FOR REZONING REOUEST:
P10TION by Councilman Barnette to waive the reading and approve the ordinance
upon first reading. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
CONSIDERATION OF APPROVAL OF FINAL PL�T, PRELIMINATY SUB�IVISION P.S. #78-07
[��7
Actton was taken on this item earlier in the meeting, after the publtc
hearings were held.
RECEIyING THE MINUTES OF THE POLICE CIVIL SERVICE COMMISSION h1EETING OF
FEBRUARY 5, 1979:
MOTION by Councilman Schneider to receive the minutes of the Police Civtl
Service Commission Meeting of February 5, 1979. Seconded by Mayor Nee.
Upon a vo�ce vote, all vottng aye, Mayor Nee declared the motion carried
unanimously.
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REGULAR MEETING OF FEBRUARY 26, 1979 PAGE 12
RECEIVING THE MINUTFS OF THE CHARTER COP1MISSION MEETING OF JANUARY 2, 1979:
MOTION by Councilman Fitzpatrick to receive the minutes of the Charter
Commission Meeting of �anuary 2, 1979. Seconded by Councilman Schne�der.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed
unantmously.
RESOLUTION N0. 30-1979 GIVING PRELIMINARY APPROVAL TO A PRO�ECT UNDER
THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE
' COMMISSIONER OF SECURITIES FOR APPROVAL, AND AUTHORIZING EXECUTION OF
A MEMORAN�UM OF AGREEMENT AND PREPARATION OF NECESSARY DOC�MENTS
AND
RECEIVING LETTERS FROM HONEYMEAD PRO�UCTS DATED FEBRUARY 22 AND
MOTION by Counctlman Fitzpatrick to recetve the letters dated Fe6ruary 22
and February 23, 1979 from Honeymead Products Company. Seconded by
Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unam mously.
Mr. 5teve �acobs, of Dain, Kalman and Quail, appeared before the Council
to answer any questions regarding this industrial revenue bond issue.
Mr. Harold Groh, Vice-President of Honeymead, was also present to answer
any questions of the Council.
Mr. Groh explained that Honeymead is a division of Farmers Union Grain
Terminal Association. He stated that the letter the Council received,
dated February 23, is for guarantee�ng the repayment of the bonds.
P1r. Jacobs stated this 6ond issue would be to finance a portion of the
cost of construction of buildings and additions to Honeymead's exist7ng
facility in Fridley.
' Mr Jacobs stated their intention now is to underwrite the issue and sell
the bonds to private casualty companies on a long-term basis He stated,
however, because the bonds wouldn't be marketed for another 60-90 days,
they would like the alternative of having a public offering, if they cannot
be placed privately. Mr. Jacobs stated, if this was done, they would come
back to the Council.
Mr. Brunsell, City Clerk, stated a large part of the bond issue would go
into machtnery and this �s why the City asked for the guarantee.
Mr. Herrick, City Attorney, stated he would give legal opinions as far as
the prel�minary application was concerned and wanted the record to show,
that while he is doing this, tt is understood that the form and content
of the underwriting documents are sub�ect to the approval of both parties.
Mr. Qureshi, City Manager, stated if the Council wished to proceed with
this �tem, he would recommend it be sub�ect to the following stipulations:
(1) Full faith of the Farmers Union Grain Terminal Association 6ehind the
bonds, (2) It would 6e a private placing of the bonds, if they cannot
place them privately, they can come back to Council for a review, (3)
Sub�ect to documents being reviewed by the City Attorney's office, and
(4) Sub�ect to the agreement of the stipulations in a letter dated
February 22, 1979 regarding landscaptng and screening.
Mayor Nee stated, if the Farmers Union Gra�n Terminal Associat�on, is
� going to guarantee the 6onds, he fails to see the conc�rn on private
placement.
Mr. Herrtck felt this is somewhat a different s7tuation as tt involves
equipment and not real estate. He pointed out that this special purpose
equipment �s not secured by a morigage and, under normal circumstances,
this may cause him to be concerned, but with full guarantee of the Farmers
Union Grain Term�nal Association, it does relieve his concern somewhat.
Mr. Herrick felt this would be an issue that would be better off sold
privately.
REGULAR MEETING OF FEBRUARY 26, 1979 PAGE 13
Mr. Jacobs stated he understands the Council's and staff's concern
regarding placement of the bonds, 6ut wanted to emphasize the dynamics
of interest rates and cash flow in the insurance market are substantial
and signif�cant. He stated they prefer to place the bonds privately, but
wanted to have the flexibility to go on the put�lic market.
MOTION by Councilman Fitzpatrick to adopt Resolution No. 30-1979, giving
prel;�ninary approval to Industrial Revenue Bonds for Farmers Union Grain
Terminal Association (Honeymead Products Company) and authorize execution
of the agreement with the following stipulations:
(1) Full faith of the Farmers Union Grain Terminal Association behind
the 6onds,
(2) A private placing of the bonds, if they cannot be placed privately,
then th�s matter should come back to Council for a review;
(3) Sub�ect to documents being reviewed by the City Attorney's office;
and
(4) Sub�ect to the agreement of the stipulattons in a letter dated
Fe6ruary 22, 1979 regarding landscaping and screening.
Seconded by Councilman Schneider. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously.
RECESS:
Recess called 6y Mayor Nee at 11 02 p.m.
RECDNVENE�
Dlayor Nee reconvened the meetin9 at 11.16 p.m. Al1 Council members were
present.
UPDATE OF ANOK{1 COUNTY PARK AND OPEN SPACE PLAN IN FRIDLEY BY DAVE
TORKILDSON, DIRECTOR
Mr. Dave Torkildson, Dtrector of the Anoka County Parks and Recreation,
appeared before the Counctl regarding the County's park and open space
plan in Fridley.
Mr. Tork�ldson stated, in order to get funds, it is necessary for the
City of Fridley and Counties of Anoka and Ramsey to approve a Master Plan.
He stated it is hoped they could review the plan to, hopefully, obtain
some positive action from the Council at the next Counc�l meettng.
Mr Torkildson stated the Legislature is considering a request from the
Metropolitan Council for funds for the regional park system.
Mr. Torkildson reviewed some of the plans for the trail system through
Fridley and stated that part of this master plan would be that the City
would accept the fact that the regional tra�l would be passin9 across
or through City-owned property. He stated the trail system they are
proposing is one of the first ma�or regional trailways in the metropolitan
area.
Mr. Torkildson presented some slides on the Anoka County Park System. He
stated he would like the Council to review the Master Plan and if they
have any questions, he would be happy to review them.
Mayor Nee potnted out that on Rice Creek Way, the trail is shown going
down the street and questioned �f that was essential to the program.
P9r. Torktldson stated they would like to be able to say they could get
all the way to the Mississ�ppi River. He felt it was probably essential
they bring people all the way to the river, if they were going to have
any trails at all.
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REGULAR MEETING O.F FEBRUARY 26, 1979
PAGE 14
Mr. Qureshi stated that most of the land that these trails are proposed
for are, basically, public land except when you go west of the ra�lroad
tracks. He stated there are residents in this area that could be concerned.
Councilman Fitzpatrick stated he was also concerned about the use of
Rice Creek Way as part of the tra�l system.
Mr. Torkildson stated, stnce there is park property along the railroad
tracks to the church on Mississippi Street, perhaps this could be used
as an alternative. He stated this could be worked into the Master Plan.
No action was taken at this time in order to g�ve Council an opportunity
to review the plan.
IDERATION OF EXECUTION OF AMENDMENT TO AGREEMENT WITH
MOTION by Councilman Schneider to authorize execut�on of the amendment
to the agreement with the Metropolitan Council regarding receipts of
mandatory planning funds. Seconded by Councilman Barnette. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
RESOLUTION N0. 31-1979 DESIGNATING MARCH 31 AS ETHNIC FESTIVAL DAY:
MOTION by Councilman Schneider to adopt Resolution No. 31-1979. Seconded
by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carr�ed unanimously.
F
PRO�ECT �126:
MOTION by Councilman Barnette to adopt Resolution No 32-1979. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
NG
APPROVAL OF PLANS AND ORDERING
MOTION by Councilman 5chneider to adopt Resolution No. 33-1979. Seconded
by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
RESOLUTION N0. 34-1979 REGARDING GREAT RIVER ROAD SPUR ROUTE DESIGNATION
nr rnrr nrvrn nnnn ninnrii nr r r_nn_
MOTION by Councilman Fitzpatrick to adopt Resolution No. 34-1979. Seconded
by Councilman Barnette. Upon a voice vote, all vot�ng aye, Mayor Nee de-
clared the motion carried unanimously.
RESOLUTION
Councilman Schneider asked the location. Mr. Brunsell stated it was at
73rd and Pinetree Lane.
MOTION by Counctlman Schneider to adopt Resolutton No. 35-1979. Seconded
Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee de-
clared the motion carried unanimously.
IDERATION OF APPOINTMENTS TO CITY COMMISSIONS.
PLANNING COMMISSION:
MOTIDN 6y Councilman Fitzpatrick to nominate R�chard Harr�s for reappoint-
ment to the Planning Commisston. Seconded by Councilman Barnette. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried unani-
mously.
REGULAR MEETING OF FEBRUARY 26, 1979
COMMUNITY �EVELOPPIENT COMMISSIDN.
PAGE 15
MOTION by Councilman Schneider to nominate Ken Vos for reappointment to
the Community Development Commisston. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unantmously.
PARKS AND RECREATION COMMISSION:
Councilwoman Moses nominated Barbara Hughes for appointment to the Parks
and Recreation Commission.
Councilman Barnette nominated Robert Peterson for reappo�ntment to the
Parks and Recreation Commission.
Upon a voice vote, taken on the nom�nations, Councilwoman Ploses, Council-
man F�tzpatrick, Councilman Schneider and Mayor Nee voted for Barbara
Hughes. Councilman Barnette voted for Robert Peterson. P�ayor Nee de-
clared Barbara Hughes appo�nted to the Parks and Recreation Commission
by a 4 to 1 vote.
Councilman Fitzpatrick stated that Mr. Leonard Moore, Jr. was not interested
in reappointment to the Parks and Recreation Commission.
*
Councilman Fitzpatrick nominated Dave Kondrick for appointment to the
Parks and Recreation Commission.
Council�voman Moses nominated Gordie Wilson for appointment to the Commission.
Councilman Barnette nominated Jim Becker for appointment to the Commission.
Councilman Barnette also nominated Robert Peterson for reappointment to
the Camm�ss7an.
Councilman Schneider stated he didn't feel qualified to vote on the candi-
dates since he didn't have information or resumes.
Councilman Fitzpatrick felt it might be well to have resumes on the persons
who haven't served in fihe past.
MOTION by Councilman Schneider to table the vote on the Commissioner to
replace Leonard Moore, until the interested parties submit resumes.
Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor
Nee declared the mot�on carried unanimously.
APPEALS COMMISSION:
MOTION by Councilrnan Fitzpatrick to nominate Pat Gabel for reappointment
to the Appeals Comnission. Seconded by Councilwoman Moses. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
P10TION by Councilman Barnette to nominate Alex Barna for reappointment
to the Appeals Commission. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried unani-
mous7y.
ENVIRONMENTAL QUALITY COMMISSION:
MOTION by Councilman Fitzpatrick to nominate Jim Langenfeld for reappoint-
ment to the Environmental Quality Commission. Seconded by Councilman
Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
MOTION by Councilman Fitzpatrick to table the other appo�ntment to the
Environmental Quality Commission. Seconded by Councilwoman r+loses. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unantmously.
*As amended 3/19/79
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REGULAR MEETING QF FEBRUARY 26, 1979
HUMAN RESOURCES COM�ISSION:
PAGE 16
MDTION by Councilman Fitzpatrick to nominate Peter Treuenfels for appoint-
ment to the Human Resources Commission. Seconded by Counc�lwoman Moses.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTIDN 6y Councilman Fitzpatrick to table the other appointment (Thiele's
position) until later. Seconded 6y Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
' CABLE TELEVISION COMMISSION:
MOTION by Councilman Schneider to nominate Ed Kaspszak for reappoint-
ment to the Cable Television Commission. Seconded 6y Councilman Fitzpatrick
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION by Councilman Barnette to nominate Larry Chevalier for reappoint-
ment to the Cable Television Commission. Seconded by Councilman Fitzpatr�ck.
Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
FRIDLEY HO�SING AND REDEVELOPMENT AUTHORITY:
No action was taken at this time.
POLICE COMP4ISSION:
MOTION by Councilman Fitzpatrick to table the appointment to the Police
Commission until the time when the other appointments are considered.
5econded by Councilman Barnette. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously. Mayor Nee stated
he thought Ed Hamerm k would be interested m serving on the Police
Comnission.
, APPOINTMENTS - CITY EMPLOYEES:
MOTION by Councilman Barnette to concur with the appointments of the
City Manager for the employment of Ellen Duncan as a Receptionist/License
Clerk at $666 per month, effective February 21, 1979; the employment
of Ann Rozman as a Liquor Clerk at $4.71 per hour, effective February
12, 1979; and the appointment of Robert Aldrich as F�re Chief at $24,800
per year, effective March l, 1979. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
CLAIMS:
MOTION by Councilman Fitzpatrick to authorize payment of Claims No.
053997 through 054588. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
LICENSES:
MOTION by Councilman Schneider to approve the licenses as submitted and
as on file in the License Clerk's Office. Seconded 6y Councilman Barnette.
Upon a votce vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
� COMMUNICATIDN FROM JUDGE FORSBERG:
Mayor Nee stated he had a discussion wtth Larry Commers in which he in-
dicated he was interested in appointment to the Charter Commiss�on. Mayor
Nee stated, in checking with �udge Forsberg, he found out the matter
�s still open. Mayor Nee stated he felt Larry Coinmers would be a real
asset to the Charter Commission and if the Counc�l wished, they could
submit his name for consideration.
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REGULAR MEETING OF FEBRUARY 26, 1979 PAGE 17
MOTION by Councilman Fitzpatrick to direct the admintstratton to in-
form Judge Forsberg that the Council recommends Larry Commers be
considered for appointment to the Charter Commission. Seconded by
Councilman Schne�der. Upon a votce vote, all voiing aye, Mayor Nee
declared the motion carried unanimously.
FINANCIAL REPORT RE ISLANDS OF PEACE
Mayor Nee questioned the expenditure paid for boat repair and asked
if payment could be made from this fund.
Mr. Brunsell, City Clerk, stated from the information received from
the State, if expenses are related to the Islands of Peace project,
there �s no ob,7ection
Mr. Herrick, City Attorney, felt it might be best to have a siatement
from the architect on what he expects in addittonal expenditures.
Mr Brunsell stated staff could get an est�mate on what it will take
to finish the pro,7ect and report back to ihe Council.
ADJOURNMENT:
MOTION by Councilman Schneider to ad,7ourn the meeting. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the Regular P4eeting of
the Fridley City Counc�l of February 26, 1979 ad,7ourned at 12•22 a.m.
Respectfully submitted,
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���Lr�� ����L�dCv�
Carole Had`dad
Secy. to the City Council
Approved: 3/5/79
GU.r.=�� �Q__
William J. Nee
Mayor
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