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06/20/1977 - 00014473�� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 20, 1977 7he Regular Meeting of the Fridley City Council of �une 20, 1977 was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag ROLL CALL P�EMBERS PRESENT MEMBERS ABSENT APPROVAL OF MINUTES� Councilwoman Kukowski, Councilman Schneider, Mayor Nee, Councilman Hamerm k, and Councilman Fitzpatrick None CONTINUTED BOARD OF RE�IEW MEETING OF JUNE 6, 1977: MOTION by Councilman Fitzpatrick to approve the minutes of the Cont�nued Board of Review Meeting of June 6, 1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, PRayor Nee declared the motlon carried unanimously. REGULAR COUNCIL MEETING OF JUNE 6, 1977: MOTION by Counc�lman Schneider to approve the minutes of the Regular Council P4eeting of June 6, 1977. Seconded by Councilman Hamernik. Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. ADOPTION OF AGENDA Councilwoman Kukowsk� stated she wished to add several items under "Licenses." They were as follows: Approve permit for Fridley Jaycees to sell tickets at the parade for the pancake breakfast; approve license and waive fees for the Teen Center kids to sell pop at the parade; and approve request from the 61ue Line Club to sell food and beer at the softball tournaments on August 25, 26, and 27, 1977 and wa7ve the fees. MOTION by Councilman Hamer m k to adopt the agenda as amended. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS• Mr. Allan Stahlberg, 305 89th Avenue N E., Blaine, appeared before the Council regarding his interest in buytng lots in the City of Fridley which are presently tax forfeit. He tnqutred, if the City would consider buying the two tax forfeit lots in Riverview Heights which are both 30 feet wide, and sell them to h7m as he has plans to buy the other two ad�oim ng lots which are each 25 feet, givina a total width of 110 feet for the four lots. Mr. Stahlberg stated he is aware of the cost of the sewer and requirements for building on the lots which are in the flood plain. Mayor Nee questioned the City Attorney if this could 6e done. Mr. Herrick, C9ty Attorney, stated when the Council reviewed the ltst of tax delinquent propert�es, it was agreed to take the 40 foot and smaller lots off the list which would permit the City to do what Mr. Stahlberg ts requesting, that is, to sell them to someone who could put together a buildable site. Mr. Herrick stated Mr. Stahlberg has been in contact with him and if he could purchase the two lots in question from the City, he has a verbal understand�ng the two 25 foot ]ots adjoi m ng could also he purchased. , ' , RCGULAR MEETING QF JUNE 2Q, 1977 Page 2 Mr. Herrick stated, in talking to Mr. Robert Johnson of the County, he fielt this would be agreeable to the County Commissioners and suggested the City check with their local co�nissioner, Mr. Mike 0'Bannon, to make sure he understands what the City is attempting to do. He stated Mr. Johnson did not see any legal problems, but would heive to clear it with the State Commissioner of Revenue. He felt, however, they would ayree this is a valid pu6lic purpose and see the Council's intentions. �Mr•. Herrick indicated Mr. Johnson felt the County would se11 the lots to the City for the appraised prtce. Maiyor Nee questioned how the selling prtce would be esta6lished. Mr•. Herrick felt appraisal may be one way, that is, the City buys from the County and sells them for the same price; or another approach would be for the City to have an iridependent appraisal. He felt this would be a policy matter and not a legal question Mayor Nee questioned if it would be necessary for the City to have an auction for these parcels. Mr. Herrick stated there is no requirement they be auctioned. Co�uncilman Fitzpatrick questioned if the City were to release them, if the lots could be acquired from the County only through auction to which Mr. Herrick answered in the affirmative. Mr. Alex Barna, 560 Hugo Street N.E., felt this is one way to get rid of all the 40 foot or smaller lots in the City. Mayor Nee requested Mr. Stahlberg to submit his request in writing so the staff could research it and felt the Council should give some thought to this idea for the Conference Meeting and consider how to equitably handle this matter Mr. Herrick suggested another decision the Council may wish to make is whether they wish to acquire ownership of all the�substandard lots or to acquire them one at a time, � when there is some interest shown by_a potential buyer. Counc�lman Fitzpatrick asked the location of this property. Mr Stahlberg stated it is the northwest corner of Fairmont and Riverview Terrace. OL� BUSINESS: RDINANCE N0. 655 - TO AMEND C'HAPTER 11 OF THE CITY CODE OF THE CITY OF FRI�LEY MOTION by Councilwoman Kukowskn to waive the second reading of Ordinance No. 655 and adopt it on the second reading and piublish. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE N0. 656 - REZONING REQUEST, ZONING ORDINANCE AMENDMENT ZOA #77-01, BY GARY PEiERSON TO REZONE LOTS 3 AND „ , D R T RRACE FROM C- LOCAL BUSINES AR1=A TO R-2 TWO FAMILY DWELLZNG REAS AND LO S 22 AND 23, BLOCK 2, MEADOWMOOR TER FROM C-1 LOCAL BUSINESS AREA ITO R-1 SINGLE FAMILY �WELLING AREA 1�ND COIVSIDERATION OF A REOUEST FOR VARIANCES BY GARY PETERSON TO ALLOW CONSTRUCTION OF T RNE �MOTION 6y Councilman Schneider to waive the second reading of Ordinance No 656 and adopt it on the second readtng and publish. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye,°Mayor Nee declared the mot�on carried unanimously. Mr. So6iech, Public 44orks Director, explained th�s request is for a variance of the square footage requirements on Lqts 3 and 4, Block 2, Meadowmoor Terrace. One lot has 9,000 square feet and the other 9,600 square feet, therefore, they do not meet the minimum requirement of 10,000 square feet. A variance is also requested to reduce the rear yard setback to 29 feet, instead of the required 30 feet. The Appeals Commission considered this item at their meet�ng on May 10, 1977 and recommended approval of the variance request. �f� REGULAR MEETING OF JUNE 20, 1977 Page 3 MOTION by Councilman Schneider to concur w�th the recommendation of the Appeals Commission and grant the variances requested. Seconded by Counc7lwoman Kukowski. Councilman Schneider stated the residents on Osborne Road and Meadowmoor Terrace are pleased with the compromise. UPON A VOICE VOTE TAKEN ON TH� MOTION, a77 voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPOINTMENT TO ENVIRONMENTAL QUALITY COMMISSION (TABLED 6/6/77). Mayor Nee called for nominations to fill this vacancy on the Environmental Quality Commission. MOTION by Councilwoman Kukowski to nominate Mr. Dave Sabistina. Seconded by Councilman Fitzpatrick. MOTION by Councilman Hamernik to nominate Mr. Burt Weaver. Seconded by Councilman F�tzpatrick. There being no further nominations, the nominations were then closed by Mayor Nee. ' UPON A ROLL CALL VOTE, Counciiwoman Kukowski, Councilman Schneider, Mayor Nee, and Counciiman Fitzpatrick voted for Dave Sabistina and Councilman Hamernik voted for Burt Weaver Mayor Nee declared Dave Sabistina was appointed to the Environmental Quality Commission by a 4 to 1 vote. NEW BUSINESS� CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 11, SECTION 11.10 AND CHAPTER 603, SECTION 603.01 OF THE FRIDLEY CITY CODE RELATING TO LIQUOR LICENSE FEES: Mr, Quresh�, City Manager, explained this proposal to change the liquor license fees which is based on two conditions; the size of the establ7shment and if they have entertainment or dancing. He stated these two items were taken into consideration in the changes proposed in the liquor license fee schedule. Mayor Nee questioned if this material was circulated to the present license holders for comment. Mr Brunsell, City Clerk, indicated this was not circulated and that the present ]icense holders would nct be affected until May l, 7978. Councilwoman Kukowski felt the Council should have an indication from the business commu m ty on how the l�cense holders felt about this proposal. Mayor Nee questioned if any persons in the audience wished to comment on the proposal. There was no response from anyone at the meeting. Mr. Qureshi stated the last change in the fees was in 1973 and the chan9e recommended at this time is really not that great. Councilman Fitzpatrick stated the question came to his mind, by putting a premium on space, it may have the effect of reduc7ng dining space. If this is so, they would have more of a problem regarding the relation of liquor sales to food sales. Mr. Herrick, C�ty Attorney, stated if an establishment were to reduce the size of the dining area and add to the bar area, it is still counted as one figure. Mr. Wyman Smith, 6441 University Avenue N.E., felt the business community should be notified. He felt it is a big m�stake to raise fees unless there is a purpose He indicated one place to start in stopping inflation is with government and that it would be much better to decrease the fees �nstead of increasing them. ' ' � REGULAR MEETING �F JUNE 20, 1977 Page 4 MOTION by Councilwoman Kukowski to circulate the proposed fee schedule change to the l�cense holders. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CONSIDERA7IDN OF APPROVAL OF FINAL PLAT SUBDIVISION P.S. #77-04 NORTON AVENUE HOMESITES BY WYMAN SMITH BEING A REPLAT OF PART OF LOT 13, AUDTTOR'S SUBDIVISION #89, GENERALLY LOCATED ON THE SOUTH SIDE OF NORTON AVENUE WHERE IT INTERSECTS WITN CENTRAL AVENUE: �MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and approve the final plat, Subdivision P.S. #77-04. Seconded by Council- woman Kukowsk�. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P.S. #77-03, IWEN TERRACE Mr 5obiech, Public Works Director, explained the location of this plat and stated the Planning Coritinission reco�nended approval with certain stipulations which were noted at the public hearing. Mr. Sobiech stated the petitioner, at the public hearing, concurred with the stipulations made by the Plamm �g Commission and the ones discussed at the public hearing meet�ng before the Council. Mr. Sobiech indicated one stipulation, noted as item 8, involved the intention of the petitioner to ensure that future drainage is received in the ponding area together with payment for the outfall piping �nstalled in Polk Street. The cost of the outfall being $2,475.17. Mr. Sobiech stated the Plamm �g Commisston recommended approval with the six stipulations ,outlined at the public hear�ng and the staff has added stipulations numbers 7 through 11. MOTIDN by Counci1man Schneider to concur with the recommendation of the Planning Corrmission and approve the ftnal plat, Subdivision P.S. N77-04, with the 11 stipulations noted on Page 6B of the Council's agenda material. Seconded by Councilwoman Kukowski. Mr. Qureshi, City Manager, asked if the City has a temporary easement for a cul-de-sac in order to maintain the road. Mr. Sobiech, Pu6lic Works Director, stated it is presently barrlcaded and comes to a dead-end and the City utilizes the driveway openings on Polk Street for maneuvering the�r equioment. Mr. Qureshi felt possibly temporary easements should be obta�ned and the pet�tioner was asked if this was satisfactory. P4r. Bill Iwen, representing the petitioner, stated they could not take property off the west side for this purpose so it would have to come from the east side. He noted, if 40 feet is taken off the front, it comes to the point where the lot will be unbuildable He indicated they would go along with everything, as long as they had a buildable lot. Mr. Qureshi indicated an easement for the purposes of being able to turn the City's equipment would be satisfactory P1r. Sobiech felt perhaps the outlot area could be utilized for this purpose. MOTION by Councilman Schneider to amend the above motion by add�ng the additional stipulation that a temporary easement be worked out at the end of the roadway for equipment access. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE ORIGINAL MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RECEIVING THE P�INUTES OF THE PLANNING COMMISSION MEETING OF JUNE 8. 1977. MOTION by Councilman Schneider to receive the minutes. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. d� y`�' REGULAR MEETING �FJUNE 20, 1977 Page 5 C D. CHANDLER, ZOA #77-03 (REZONING, 64� & MISSISSIPPI PLACE ON WEST SIDE OF EAST RIVER ROAD MOTION 6y Counc�lwoman Kukowski to set the public hearing on this item for July 18, 1977. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. MORRIS J LONGERBONE, L.S. #77-05 (LOT SPLIT, GARDENA AND ARTHUR STREET)• Mr. Sobiech, Publ�c Works �irector, stated this is a request for a lot split in the general location of Gardena and Arthur Streets N,E. The Planning Commission reviewed this item at the June 8 meeting and reco�nended approval. MOTION by Counc�lman Schneider to concur with the recommendation of the Planning Comm�ssion and grant Lot Spl�t �77-05, with the stipulation that the existing structures be removed from the property prior to the sale of that property. Seconded by Counc�lwoman Kukowski. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed una m mously. CITY OF FRIDLEY, SAV #77-05 (VACATION, LAKESIDE & 73RD PLACE) MOTION by Counc�lman Schneider to set the public hearing on this item for July 18, 1977 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 60-1977 - AUTHORIZING THE CHANGING OF THE 1977 BUDGET APPROPRIATIONS Mr. Steve Klein appeared before the Council regarding the request for $1,000 for the Senior Citizen Well Clinic. He stated, basically, the clin7c is a preventative ' health screening for res�dents of Anoka County. He stated the majority of the senior cit�zens coming to the clinic may have a mim mum fee of $3.50, but no one is turned away if they cannot pay the fee. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Plamm �g Commission and approve the request of $1,000 for the Sem or Cit7zen 6Je11 Clim c. Seconded by Councilwoman Kukowski. Councilman Schneider felt this should be supported, but questioned where the funds would be taken from. Mr. Qureshi, City Manager, stated the Council budgeted a total of $8,000 for human services, $3,000 under the Corununity Development Budget and $5,000 under the Recreation Budget. He ind�cated there is only $590 left �n the Community Development Budget, but funds are available in the Recreation Budget. He felt the Council could either transfer monies from the Recreation Budget to the Community Development Budget or allocate monies out of the reserve or contingency to the Commum ty Development Budget. He felt the Council should be aware this is an area they have not provided funding for in the past. MOTIQN by Councilman Fitzpatrick to amend his motion by includrng the addition that $410 be transferred from the Contingency Fund to the Community Development Budget to cover this request and authorizing the resolution covering this transfer of funds. Seconded by Councilwoman Kukowski Mr Klein explained that all Federal assistance ceases at the end of June, 1977 and � they are attempttng to raise money to cover the period from July 1, 1977 to January, 1979, at which time, �t �s hoped United 6Jay would give its support. He indicated ,�56,000 was needed for this period and that the County has pledged $22,500. They ant�c�pated fees in the amount of $7,500 and are attempting to raise the balance of the money from local industry, munic�pal�ties, and area foundations. REGULAR MEETING OF JUNE 20, 1977 Page 6 Councilman Fitzpatrick asked if the unit cos� could be brought �own, �f there were more participants. Mr. Klein indicated they are working to expand the fac�l�tles of the cli m c and felt the costs per examination might go down, if they had more ,� persons participating. UPON A VOICE UOTE TAKEN ON THE AMENDMENT AND MAIN MOTION, all voted aye, and Mayor � Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatr�ck to adopt Resolution No. 60-1977. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una mmously. RECEIVING THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF MAY 31, 1977: MOTION by Councilman Fitzpatrick to receive the minutes. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 61-1977 - TRANSFER OF RDADWAY RIGHTS PERTAINING TO NORTH INNSBRUCK DRIVE EXTENSIDN INTO NEW BRIGHTON TO THE CITY OF NEW BRIGHTON• Mr. Sobiech, Public Works Director, stated this is a request from the City of New Brighton pertaining to the extension of North Inns6ruck Drive into New Brighton. He explained when the North Tnnsbruck area was beginning to develop, there was an agreement whereby the developer would dedicate roadway rights to the east and at the appropriate time, these roadway rights would be conveyed to the City of New Brighton. Mr. �on Lais, City Attorney for New Brighton, appeared before the Council to explain what New Brighton will be doing with the road. He stated the City wishes to install sewer and water and pave the street, under its normal policy, which means the City of New Brighton will, hy the end of this year, subgrade the elevation of the street �and fill it with nine inches of crushed rock base and maintain the crushed rock road for the remainder of 1977 and also into 1978, until a permanent bituminous surfacing, curb and gutter are lnstalled. Mr. Lais explained the City of New Brighton has a policy of constructing the street in this manner to a11ow settling before the paving is done. He explained any holes developing in the street would be taken care of 6y New Brighton. He requested the Council consider the resolution, as shown on Page 96 of the agenda material, allowing consent of the easement to Mew Brighton for road purposes and then a quit claim deed from Fridley to New Brighton. M�. Herrick, City Attorney, asked if it would serve the purpose if the C�ty of Fridley, at this time, authorized New Brighton to construct on the easement and when the construction is completed, issue a quit claim deed with the understanding that the ingress and egress would be maintained at all times. Mr. Lais felt thts would be satisfactory as long as they have consent from Fridley to construct on the easement so that ihey would not be trespassing. MOTION by Councilman Schneider to adopt Resolution No. 61-1977 with the words added in the second to the last paragraph, at the end of the 7th line, "upon completion of construction" and also insert another paragraph, before the last one, to read as follows� "WHEREAS the City of New Brighton agrees to maintain ingress and egress while construction is underway," and authorize the Mayor and City Manager to sign the resolution. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion � carried una m mously. RECEIVING BTDS AND AWARDING CONTRACT FOR STREET IMPROVEMENT PROJECT 1977-10 fSEALCOATING): Mr. Sobiech, Public Works Director, stated two bids were received, one from A71ted Blacktop and one from Bituminous'Roadways. He noted the City of St. Anthony did not wish to bid because of the situation where a mum cipality would be competing with private enterprise. f� REGULAR MEETING OF �UNE 20, 1977 Page 7 Mr. Sobiech stated they checked into the feasibility of the City doing the sealcoating, however, because the City does not have the necessary equipment, he felt, at this time, the bid should be awarded to the low bidder, Allied Blacktop. Mr. Sobiech fe7t staff should be instructed to check further into the possibility of coordinating future plans with other commum ties for use of the necessary equipment used in sealcoating. He stated, it appears the City could perhaps become involved in their own sealcoating pro9ram, but it should be investigated further. Bid Deposit Lump Sum Bid Alternate Allied Blacktop � 3601 48th Avenue North 5% $ 9,659.78 $9,254.85 Minneapolis, MN 55429 Bituminous Roadways 2825 Cedar Avenue South Minneapolis, MN 55407 5% $11,154.28 $9,693.60 MOTION by Councilman Hamernik to receive the above bids and award the contract to the low bidder, A17ied Blacktop, for the alternate in the amount of $9,254.85. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. 7he Council agreed to have the staff check further into the options available for the City to undertake the sealcoating by use of another City's equipment. Mr. Sobiech, Public Works Director, explained this resolution is to approve the plans for street improvements at T.H. 65 and 53rd Avenue. He stated the plans did not include a certain portion of the improvement that has been discussed with the Highway Department involving construction of two lanes into the Skywood Ma1T. Mr. Sobiech stated the City has correspondence from the Highway Department that this could be done and approval of the resolution should be conditioned on the construction of two lanes into Skywood Mall. MOTION by Councilman Schneider to adopt Resolution No. 62-1977 with the stipulation that a second entry lane be added into the Skywood Mall Shopping Center. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. RESOLUTION N0. 63-1977 - EXECUTION OF AGREEMENT #58430, WITH THE Councilman Schneider noted the estimated amount for the City's share of this street improvement is $27,205.52. Mr Sobiech ind�cated this would be for the street and storm sewer and there would 6e additional costs for the signal�zation. Councilman Schneider questioned what control the City has over the plans antl costs_ Mr. Qureshi, City Manager, stated the State must obtain approval from the City if there is a substantial change in plans, and when the bids are received, the City receives a bid tabuTation so the City can determine whether or not they are in line. Councilman Schneider felt maybe they were giving the State a"blank check" so to speak as far as the planninq. Councilman Fitzpatrick indicated he would agree with Councilman Schneider's comments since he has heard about this improvement for the last 10 years. MOTION by Councilman Schneider to adopt Resolution No. 63-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' , ' „• .� REGULAR MEETING OF JUNE 20, 1977 ON N0. 64-1977 - EXECUTION OF AGREEMENT #58354 WITH THE S7ATE OF Page 8 MOTION by Councilman 5chneider to adopt Resoluiion No. 64-1977. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. ' RESOLUTION NO 65-1977 - TO ADUERTISE FOR BIDS FOR LAUNDRY, UNIFORM AND TOWELS: ' MOTION by Councilman Hamernik to adopt Resolution No 65-1977. Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 66-1977 TO ADUERTISE FOR BIDS FOR TENNIS COURT OVERLAY AND COLOR COATING TENNIS COURTS: MOTION by Councilman Namernik to adopt Resolution No. 66-1977. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING SENIOR CITIZENS APPLICANTS WATER RATE REBATE REPORT: MOTION by Councilman Schneider to receive the report. Seconded by Councilman Fitzpatrick. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried una m mously. The Council briefly discussed the report and it was agreed to continue with the present program for reducing the water rates for Senior Citizens and receive a report from staff at a later date on the impact this reduction has on the whole utility fund CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 153A30 through 165752. Seconded by Councilwoman Kukowski. Upon a voice voie, all voting aye, Mayor Nee declared the motion carried unam mously. LICENSES: MOTION by Councilman Hamernik to approve the licenses as submitted and as on file in the Ltcense Clerk's Office. Seconded by Councilwoman Kukowsfci Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Counc�lman Schneider asked if T1re Ctty has brought their establishment lnto compliance with the City code. Mr. Sobiech stated improvements have been made and approval of the license is recommended Councilman Schneider questioned if a shorter term license could be issued. Mr. Herrick, City Attorney, stated the license could be issued for any length of time the Council wished. He felt, however, if an establishment is not complying with the City code, citations should be issued and handled in this manner rather than reducing the term of the license. UPON A VOICE VOTE TAKEN ON THE MOTION, all voting aye, Mayor Nee declared the motion carried unanimously. 'OTHER LICENSES: �AYCEES: Councilwoman Kukowski requested a license be issued to the Fridley Jaycees to sell tickets at the parade for their pancake breakfast. Mr. Herrick, City Attorney, determined a license would not be needed. i' � � � �� REGULAR MEETING OF �UNE 20, 1977 TEEN CENTER: Page 9 Councilwoman Kukowski requested a license be issued and the fees waived for the youths from the Teen Center to sell pop during the parade. MOTION by Councilwoman Kukowski to issue a one day street vendor's license to the Teen Center and waive the fees. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. BLUE LINE CLUB Councilwoman Kukowski stated a request was received from the Blue Line Club for �ssuance of a license for food and beer to be sold during the softball tournaments on August 25, 26, and 27 and waive the fees. MOTION by Councilwoman Kukowski to issue a license to the Blue Line Club for food and beer to be sold at the softball tournaments on August 25, 26, and 27, 1977 and waive the fees. Seconded 6y Counctlman Fitzpatrick. Mr. Qureshi, City Manager, indicated an application form would still be necessary, but the fees could be waived. UPON A VOICE VOTE 7AKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Alex Barna, 560 Hugo Street N.E., questioned the request from the Jaycees and asked if that was not door-to-daor solicitat�on. Mr. Herrick stated, basically, any organization that goes door-to-door selling is supposed to obtain a permit. He felt, however, the Jaycees would not be soliciting door-to-door. � Councilman Fitzpatrick stated as he recalled, when this was discussed 6efore, residents ' of Fridley were being solicited many times during the week from persons outsrde the City selling various things Mr. Brunsell, City Clerk, stated what the permit provides is to give the Police Department a list of who is in the City seiTing. Mr. Tom CoTlins, Sun Newspapers, questioned if Girl Scouts needed a license to go door-to-door to sell cookies. Mr. Herrick stated not the individual girl, but the organization needs the license. Councilwoman Kukowski felt the last time this matter was discussed, it was the Council's feeling to try and control persons from outside the City coming in to solicit. Mr. Barna stated a sign is posted going into Coon Rapids stating "Solicitation by Permit Only," but that there isn't a sign as such coming into Fridley. ESTIMATES: Weaver, Talle & Herm ck 37b East Main Street Anoka, Minnesota 55303 For Services Rendered as City Attorney for May, 1977 Smith, Juster, Feikema, Chartered 1250 Builders Exchange Building Minneapolis, Minnesota 55402 For Services Rendered as Prosecutor for May, 1977 Kenko, Inc. 8275 Central Avenue N.E Minneapolis, Minnesota 55432 PARTIAL Estimate #1 for Sewer and Water Pro,7ect #121 for period ending June 15, 1977 $ 1,750.00 $ 2,060.00 ' $24,726.94 MOTION by Councilman Schneider to approve the estimates as submitted. Seconded by Councilwoman Kukowskt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously �,� REGULAR MEETING OF JUNE 20, 1977 Page 10 CONSIDERATION OF CO�E OF ETHICS ORDINANCE FOR ELECTED OFFICIALS, APPOINTED COMMISSIDN AND COMMITTEE MEMBERS AND TOP LEVEL CITY EMPLOYEES� Mr. Herrick, City Attorney, submitted a draft of a Code of Ethics Ordinance based on the discussion by Counci7 at the June 6, 1977 meeting. Mr. Herrick indicated he did not feel it is ready for a first reading, but that it should be discussed. � Councilman Schneider noted one of the issues discussed at the last meeting was, if the Council could prohibit another member of the Council from vot�ng, and noted this was included tn the ordinance. Mr. Herrick stated, from his investigation, he could not find any statute to follow in this regard and felt if the Council adopted this, he felt it could be enforced. He indicated he did not find any 5tate law that specifically answered the question one way or another and the City, being a Charter City, has authority to adopt restricttons that are more restrictive than State statutes, as long as they are not in conflict. He felt it was a policy decision, if this should be included in the ordtnance. Councilman Fitzpatrick stated he felt a councilmember has rights as an individual which cannot, even by a ma�ority, be abridged. Mr. Herrick indicated he did not check this matter with the Attorney General's office and felt thts could be done, if the Council desired. Councilman Schneider stated under Section 30.30, Item 3 and Section 30.32, Item 3, it was his intention to get a list of associations of the persons covered in the ordinance and not necessarily limited to within the C�ty of fridley and felt the words "located in the City of Fridley" should be struck from these two particular sections. � Councilman Hamernik questioned Section 30.33, Subdivision 3 and felt the Attorney is required to put down other people's interest. He felt this is going farther than is actually intended and it is very restrictive so that it will probably end up not being workable at all. He also questioned the interpretation of 5ection 30 20, Subdivision 5, and felt, if he decides to run again for office, he cannot so1icit funds from anyone in the City. Mr. Herrick stated that provision is covered in somewhat different langua9e in the City Charter. He a9reed it would be difficult to determine whether soliciting a gift for election purposes would tend to influence the candidate in the performance of his office. Councilman Fitzpatrick felt this would be the purpose of volunteer committees and they wouldn't be covered by this code. Councilman Schneider stated there is a State law reqarding disclosure of funds to the candidates. He indicated the intent is not to proh�bit political contributions for a campaign. He stated there is a difference between that and an out-and-out bribe Councilman Fitzpatrick stated, as far as receiving gifts for campaign purposes, a record of the expenditures is kept and the funds do not 90 into the candidate's pocket. � Mr. Herrick suggested possi6ly a provision that this shall not be deemed to apply to campaign contributions, providing they meet the requirements regarding campa�gn contributions may help to clarify this section. Mr. Alex Barna, 560 Hugo Street N.E., felt what the Council is attempting to do with this ordinance is regulate lobbying and indicated he was not in favor of the ordinance as it presently stands; and if it was passed per se, it would 6e ridiculous He felt a personal profit to the extent of $100 or more is profit, below that it is lobbying. I fJ i, REGULAR MEETING OF JUNE 20, 1977 Page li Mayor Nee felt this proposed ordinance should be ctrculated to the Commission members for their comments. Councilman Hamerm k concurred and indicated he would also like the material distributed to the Charter Commission. He stated he questioned whether the Commission members should be included, as they do not have a 6inding vote and are only a recommending body. He also was concerned whether some of the Commission members might look at this on the basis of whether they wish to continue their volunteer work, and in some � way, thzs ordinance would be constr�ctina them. Councilman Schneider felt the persons on the Commission would only be list�ng businesses they own or work for in the City of Fridley and non-homestead property. He d�d not feel it was asking too much for them to disclose what bus�nesses they are assoc7ated with in the City. He felt the ordinance should be adopted in the interest of good government. He stated the Commission's recommendations directly influence the decision of the Council and feels the ordinance is asking for some very basic things which may influence the Commission's vote, and, in turn, influence the Council's vote. He did not feel it appropriate to submit the proposed ordinance to the Charter Commission. Mr. Barna stated he is on the Appeals Commission and does not have any problem with the disclosure, but the portion on accepting gifts he felt leaves open a po�nt of harrassment. Ms. Pat Gable stated, as a member of the Appeals Commission, she does not have any problem with the proposed ordinance. Mayor Nee stated he does not object to circulating this proposed ordinance to the Charter Commiss�on, but did not fee] �t really applies to them. Councilman Fitzpatrick stated the ordinance does provide some things that are already provided by Charter. Councilwoman Kukowski indicated she would like to see tt forwarded to the Charter Commission. Mr. Herrick indicated he would like more specific comments from the Council as to what they fee7 should be changed or revised before the ordinance is redrafted. Councilman Schneider felt he wou7d like to take action on the ordinance prior to September or October. Councilman Hamernik felt, 7f the Council feels strongly that someth7ng like this is needed, nerhaps the place to have this included is in the Charter. He indicated he is not against disclosure, but felt if the Council wishes to implement something, it should be workable and questions if this ordinance would be. Mayor Nee indicated this item would be discussed at the Conference Meeting next Monday evemng. CABLE COMMISSION REQUEST FOR CITY SUPPORT FOR LOCAL PUBLIC ACCESS STUDY: Mayor Nee requested the Council give consideration to this request from the Cable Television Commission. MOTION by Councilwoman Kukowski to receive the request tlated June 15, 1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. ADJOURNMENT: MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of June 20, 1977 ad�ourned at 11:00 p.m. Respectfully submitted, _Ey ��-C2 �i�-G�,r�tcv��_ Carole Haddad Secretary to the City Council i Approved • � �r' � � � William J. Nee Mayor ' � I I �