06/26/1995 - 00001286�
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THE MINUTES OF TAE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL 4F
JUNE 26, 1995
The Regular Meeting of the Fridley City Counci� was cal3ed to order
at 7:40 p.m. &y Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the P3edge of Allegiance
to the Flag.
ROLL CALL•
MEMBERS PRESENTe
MEMBERS ABSENTY
PRESENTATION•
Mayor Nee, Councilwoman Jorgenson, Councilman
�illings, Councilman Schneider and Counci3woman
�olkcom
None
PRESENTATION OF STUDENT FOREIGN EXCHANGE WEEK FROCLAMATION TO
CONSTANZA SOFIA FIGUEROA OF CHILE:
Mayor Nee presented a proclamation and an American flag �o
Constanza Sofia Figueroa of Chile for Student Foreign �xchang� Week
and made her an honorary citizen of the City during her staye
Ms. Figueroa thanked Mayor Nee and the City Council for this
proclamation. She presented the CounciT with � flaq of �er
coun�ry, She stated that her city is in the south part og Chi1e
and has a population of 150,OD0. She stated that �ecause they are
close to the antarctic, the winters are coid, but the summers are
�ice. She stated that she lives with her parents and two brothers,
Her father is an electronics engineer, and her mother is a secre-
tary and also has a craft store.
Ms. Figueroa stated that she attended Totino-Grace High School and
will return home in two weeks. She stated i�at it has been a great
year, and it will be hard to leave the United Sta�es and Frid3e�,
She stated that Council should be very proud, as FridYey is a very
friendly Cityo
APPROVAL OF MYNUTESe
COUNCIL MEETING, JUNE 12. 1995e
MoTION by Councilman Schnelder to approve the minutes as presenteda
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
� FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 1995 PAGE 2
APPROVAL OF CONSENT AGENDAe
Mr. Burns, City Manager, briefly reviewed t�e consent agenda itemse
OLD BUSINESS:
1. ORDINANCE NO. 1053 TO AMEND THE CITY CODE OF THE CITY OF
LOCATED AT 970 OSBORNE RQAD N.E.) �WARD 21:
Mr. Burns stated that this is the second reading of an ordi-
nance to rezone the RMS property at 970 Osborne Road �rom M-g
to C-2. He stated that there were no objections to this
rezoning, and the three parcels on this property are �o be
combined in�o one for tax purposes,
�AIVE THE READING AND ADOPT ORDINANCE NO. 1053 O� THE SECONID
READING AND ORDER PUBLICATION� WITH THE STIPULATION THAT THE
THREE PARCELS ON THIS PROPERTY ARE TO BE COMBINED INTO ONE EOR
TAX PURPOSESe
NEW BUSINESS•
� 2. ESTABLISH PUBLIC HEARINGS FOR JULY 1�, 1945: FINAL PLAT
REQUEST, P.S. #95-Ole REZONING REQUEST, ZOA #95-01; AND
VACATION REOUEST, SAV #95-02, BY THE ROTTLUND COMPANY, iNC,
THE ROTTLUND COMPANY, INC., YS PROPOSING THESE REOUESTS IN
ORDER TO CONSTRUCT 48 SENIOR-ONLY, OWNER-OCCUPIEp CONDO-
MINIUMS, 56 QWNER-OCCUPIED ATTACHED TOWNHOUSES, AND 50 OWNER-
OCCUPIED DETACHED TOWNHOUSES. THE SITE 3S GENERALLY LOCATED
SOUTH OF MISSISSIPPY STREET. WEST OF UNIVERSYTY AVENUE, AND
NORTH OF SATELLITE LANE (WARD Tle
Mr. Burns stated that public hearings should be scheduled for
the development project in the southwest quadrant of Missia-
sippi Street and University Avenue. He state� it is suggeste�
that the public hearings be held Ju3y 10, 1995 and continued
to July 24, 1995e
THTS ITEM �AS REMOVED FROM THE CON3ENT AGENDA AND PLACED ON
TAE REGULAR AGENDAe
3. APPROVE 1995 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM
BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA:
Mr. Burns stated that this agreement provides for distribution
of the SCORE funding. He stated the 1995 funding �s
� $82,954.66 and the term of the agreement is from Januar� 1A
1995 through December 31, 1945. He stated that the provisions
of the agreement cover the City°s recycling goaYs, rnaintenance
of records, and compliance wzth all applicable federalp s�atep
and local laws. _
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FRIDLEY CITY COUNCIL MEETING OF JUNE 26. 1995 PAGE 3
�PPROVED THIS 1995 AGREEMENT �ITH TAE COUNTY OF ANORA FOR TH�
RESIDENTIAL RECYCLYNG PROGRAM�
4. AUTHORIZE REOUEST FOR PROPOSA� �OR CITY WIDE CURBSIDE
COLLECTION OF TREES. SRANCHES AND BRUSH:
Mr. Burns requested that Council authorize staff to initiate
the request for proposa3 process for the City wide curbside
collection of tree branches and brusne He state� that the RFP
will request hourly rates for trucks and crews, and it is
proposed that the recycling xoutes be used for this
collection,
AUTHORIZED THE REQUEST FOR PROPOSAL FOR CITY WIDE CURBSIDE
COLLECTION OF TREEB� BRANCHES AND �RUS�a
RESOLUTION NO, 37-1995 APPROVING ADDENDUM TO THE JOINT
COOPERATION AGREEMENT WITH ANOKA COUNTY FOR PARTICIPATION IN
THE 1996-1998 CDBG PROGRAM:
Mr. Burns stated that this addendum allows the City to
continue to participate in the CDBG program, as we11 as the
HOME program for the rehabilitation of singTe �amily homes,
ADOPTED RESOLUTION NO. 37-1995.
6. RESOLUTION DESIGNATING POLLING PLACES AND APP�INTING ELECTION
JUDGES FOR THE JUNE 27. 1995, STATE REPRESENTATIVE HOUS�
IDZSTRICT 52A SPECiAL ELECTION:
Mr. Burns stated that this resolution des�gnates polling
places and election judges for �he June 27, �995 specia3
election for the Tegislative seat for District 52A. �e stated
that the estimated cost for this election gs $3,500,
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA P�ND PLACED ��
THE REGULAR AGENDAa
RESOLUTION APPROVING AND AUTHORIZING SIGNYNG AN AGREEMENT
ESTABLISHING WORKING CONDITIONS. WAGES AND HOURS OF POLICE
OFFICERS OF THE CITY OF FRYDLEY POLICE DEPARTMENT FOR THE YEAR
1995°
Mr. Burns stated that this contract contains the same terms
as other bargaining units in the City, He stated that t�e
contract provides for a three percent wage increase; an
increase in the life, �ealth, and dentaY �nsurancep and
provides for supplemental pay for certain positions< He
stated that the issue of tuition reimbursement has not been
settled and will be arbitrated. �e stated that a¢ter th�
arbitration decision is received, �his part �� the contract
will be submitted to Council for approval,
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FRIDLEY CITY COQNCIL MEETING OF JUNE 26, i995 PAGE 4
THIB YTEM WAS REMOVED FROM THE CpNSENT AGENDA AND PLACED OI�S
THE REGULAR AGENDA.
8e APPROVE 1995-1996 AGREEMENT FOR PARTICIPATION IN URBAN CORPS
PRQGRAM BETWEEN THE CITY OF MINNEAPOY�I� ANQ THE CITY OF°
FRIDLEY:
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11.
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Mr. Burns stated that as a participant in the Urban Corps
Program, the City pays between 46.5 and 71.5 percent of the
intern's salary, He stated that the City has used thgs
program in the past employing interns irn trhe areas of
community development and cable televisione
APPROVED 1995-1996 AGREEMENT WITH THE CITY OF MINNEAPOLIS F'OIg
PARTICIPATION IN THE URBAN CORPS PItOGRAMo
APPROVE CHANGE ORDER NO. 1, TENNIS AND BASKETBALL COURT COLOR
COATING AND OVERLAY SURFACING. PROJECT N0, 284 fWARD 3ie
Mr. Burns stated that this change order is to cover the
installation of a fabric backing on the Community Park pathway
and the extension of the basketball court resurfacing at
Skyline Park. FYe stated that, even witka this change ordero
tfie revised contract amount is less than the budgeted amounte
APPROVED CHANGE ORDER NO. 1 WITH DERMCO CONSTRIICTIOIS COMPANY
IN THE AMOUNT OF $1�633.00 FOR THE TENNI3 AND BA3RETSALL COURT
COLOR COATING AND OVERY,AY SIIRFACYNG PR03ECT NO. 284a
CLAIM5:
APPROVED CLAIM NO�. 62329 THROUGH 62599e
LYCEN5ES:
APPROVED THE LICENSES AS SUBMITTED A1VD Z�S Ol�d FILE IId 'd'HE
LICENSE CLERR"S OFFICE.
ESTIMATES°
�PPROVED, AS FOLZOAS,
F.F. JedliCkYs Ync,
14203 YJest 62nd Street
Eden Prairie, MN 55346
Clover Pond Diversion/52nd Avenue
Floodway Project No. 222
Estimate No. 5 . . . . . , . . ,
$15.,338,00
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FRIDLEY CITY COUNCZL MEETING OF 3UIdE 26. 1995 PAGE 5
Standard Sidewalk
29635 Neal Avenue
Lindstrom, MN 55045
1995 Miscellaneous Concrete Cur�� Gutter
and Sidewalk Project No, 279
Estimate No. 2 0 0. o 0 0 0 0 � � o e o
Dermco Construction Co.
2837 Aldrich Avenue South
Minneapolisp MN 55408
Tennis & Basketball Color Coating
and Overlay Project No. 284
Estimate No. 1, e �,. a. � a� o a �
o e �1�,957094
$ 6,500,00
There were no comments from the audience regarding the consent
agenda items.
Councilman Schneider xequested that Items 6 and 7 be removed from
the consen� agenda and placed on the reguTar agendae
Councilman Billings requested that Item 2 be removed from the
consent agenda and placed on the regular agenda.
MOTION by Councilman Schneider to approve the consent agenda itemso
with the exception of Items 2, 6, and ie Seconded Y�y CQUnciYwoman
Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimouslye
ADOPTSON OF AGENDAe
MOTION by Councilman Schneider to adopt the
tion of Items 2, 6, and 7 from the consent
Councilwoman Bolkcom. Upon a voice vote,
Nee declared the motion carried unanimously.
OPEN FORUM°
agenda with the addi�
agenda. SecondecY by
a11 vo�ting aye, Mayor
MS. JAN HAMMERSTROM, 6931 EAST RIVER ROAD N.E,;
Ms. Hammerstrom, 6931 East River Road, stateci that at �he �ast
meeting she presented a letter to the Council reques'ting inclemni-
fication from the liability of the bikeway proposed in front of her
home. She stated that while she was doing researclh at the library,
she noted that the Council did not proceed with a bikeway along
Main Street, under Project 1994-8, because of the objection of the
business owners due to the liabiiity of trucks crossinc� this
bikeway.
Ms. Hammerstrom pointed out that Section 505.09 of the City �ode
prohibits motorized vehicles on a bikewayfwalkway except for
maintenance, construction, and emergency vehicles�
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FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 1995 PAGE 6
Ms, Hammerstrom stated that the residents on East River Road are
forced to park their vehicles on the bikeway while waiting to enter
onto East River Road and assumes this would be a vio3ation of the
code. She stated that she would like a letter of indemnification
or the bikeway removed.
Mr. Herrick, City Attorney, stated �hat �e reviewed the discussion
from the last meeting. What should be kept in min� is that �here
is no liability unless there is negligenceo �e stated that, �or
example, the City is responsible for maintainin� the bikeway and,
if they fail to do so and there is an accident, it may be grounds
for a claim aqainst the City, He stated that if the driver of a
vehicle causes an accident and it is determined tha� the driver was
negligent, there could be liability on the part of the driver. He
stated that there could be accidents where it is no oneas fault,
Mr. Herrick stated that it seemed from the comments at �he Yast
meeting that this situation was not different from others where
driveways cross sidewalks or bikeway/waYkways in the City. He
stated that it may very well be that people riding bicycles are
going at a faster speed than pedestrians and may cause some
additionai problems. He felt that this would not place any higher
burden on the property owners as far as driving in and out of their
drivewayso
Mr. Herrick stated that as far as the code relating to motorized
vehicles on the bikeway, he was sure the intent is to prevent
motorized vehicles from operating on the bikeway/wal�way and not
crossing it. He stated that there are simi�ar ordinances whic�
state that a person cannot operate a motorized vehicle on a
sidewalk, but there are many areas where driveways cross sidewalks,
He stated that he did not think there would be any claim that by
crossing the bikeway it would be a violation of the ordinance.
Mr. Herrick stated that if the homeowner does something that is
negligent, their insurance company should be responszble, He
stated that by the same token, if the City does something that is
negli-gent, the City should be responsible. He stated that if the
�iker is negligent, they would have to turn to their medicaT
insurance �or coverage. He stated again that if there is no
negligence, there is no liability.
Ms. Hammerstrom stated that since 1993, all of the homeowners on
East River Road have repeatedly tried to point out that this bike-
way is an accident waiting to fiappen. 5he stated that she £el�a
by constructing the bikeway, it would be negligent on the City's
part because they knowingly 3eft this hazard. 5he Pe3t that this
would indemnify the homeowners and make the City �iable.
Councilwoman sorgenson stated that she did not �hink the City as
more liable if a biker is on the street or a bikewaye
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FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 1995 PAGE 7
Ms. IIammerstrom stated that a biker on the roadway Y�as to obe�r
traffic laws, but that is not the case on a bikewayo
Councilman Scfineider stated he knows that riIs. Hammerstrom is
opposed to the bikeway, but if there is a bicycle accident on East
River Road, some attorney may say the City was negligence by �not
installing the bikeway only to appease the homeowners.
Ms. Hammerstrom stated that she wondered if this same attorney may
also say that the bikeway is a hazarcY and liabilitye
Ms. Hammerstrom stated that, in 199�P when there was a public
hearing on the widening of East River Road, there was no mention
of the bikeway. She stated that the only time it was mentioned was
when condemnation proceedings began,
Councilwoman Bolkcom stated that meetings were held, but there was
very little input.
Mr. Flora, Public Works Director, stated that he believed �he
County had three meetings.
Ms. Hammerstrom stated that she attended one of the meetings, but
their property had already been condemned and suspected many of the
residents felt it was a done deal.
Mayor Nee stated that the City can stiY3 work wittn the County ora
this issue.
Ms, Hammerstrom stated the problem is that there gs the time
schedule, as work is being completed on the East River Itoaci
project.
Councilwoman Bolkcom suggested that a meeting be held with the
County, City Manager, Public Works Director, and the residents.
Councilwoman Jorgenson suggested that the outcome of this issue be
submitted under Informal Status Repor+ts so that the public is
advised.
MR. FRANCIS VAN DAIS. 6342 BAKER Ai7ENUE P�T.E. ;
Mr. Van Dan, 6342 Baker Avenue, addressed the City Council relative
to a letter to ther editor in the Focus News Y�y Leon Madsen. Fie
stated that this was a blind sided attack on him by riir. Madsen, the
City Assessor, and Mr. Madsen should be disciplined or fired.
Councilwoman Sorgenson stated that this issue should be discussed
in the pages of the Focus News. She also stated that Mr. Madsen
does have the right to express his opiniora�
FRYDLEY CITY COIINCIL MEETING OF JIINE 26. Y995 PAGE 8
� Councilman Billings stated that Mr. Madsen did not sign the letter
as City Assessor and, as a resident and �axpaye� An the City, �e
has a right to freedom of speeche
Mr. Van Dan stated that he would like the City Manager to instruct
Mr. Madsen that he demands a public apology far the citizens of
Fridley. He stated that no public employee should say �hex do or
do not want any citizen to live in their Cit�,
NEW BUSINESS:
i3. VARIANCE REOUEST, VAR #95-13. BY NEW HORIZON CHILD CARE TO
ALLOW AN ACCESSORY STRUCTURE YN THE FRONT YARID TO ALLOW
CONSTRUCTION OF A CHILDREN'S PLAY AREA, GENERAVLY LOCATED AT
1001 EAST MOORE LAKE DRIVE (WARD 2)e
Mr. Hickok, Planning Coordinator, stated that this is a request ior
a front yard variance to allow the construction af a children°s
play area at tfie New Horizon Day Care Center in the West Moore Lake
Shopping Center. He sta�ed that the play are� is proposed �o be
located adjacent to the tenant space with direct access to the play
area,
Mr. Hickok stated that the City approved a similar request for the
� same petitioner in 1994, but they did no� proceed with their plans
for the daycare center in tfie East Moore Lake Shopping Centera
Mr. Hickok stated that this daycare center will utilize 5,000
square feet of the existing Sports Spree facility, He stated tha�
the Appeals Commission unanimously recommended approvaT of this
variance. He reviewed the stipulations recommended relating to
shrubs, a hold harmless agreement, and pavemen� markings.
Councilwoman Jorgenson asked if there were restrictions regardinq
the location of child care centers in relation to the liquor store,
She also questioned the distance from the daycare facilit� ta the
liquor store,
Mr. Hickok stated �hat liquor stores should be 600 feet from
schools and churches and, if it is interpreted that this is a
school, then this requirement would applye He stated that the
facility is about 40 feet from the property line and an additionaT
15 feet from the liquor store,
Mr. Herrick, City Attorney, stated �hat he did �ot think �his
restriction applied to off-sale liquor operations, but only to
on-sale.
� Ms. Sharon Bergen, representing New Horizon, stated that they would
not be offering a private kindergarten, and this is not a schooY
per see
FRIDLEY CITY COUNCIL MEETING OF JUNE 26. 1995 PAG� 9
� Councilman Schneider asked Ms. Bergen if the stipulations were
agreeable. Ms. Bergen stated that there is not a problem with the
stipulations,
Councilman Billings questioned what type of signs were proposed for
the daycare centera
Ms. Bergen stated that there would be a sign across the face of the
building that faces the parking Yot. she stated tha� ihey wou3�
like a canopy over the doors to pro�ect the children,
Mr, Blumentals stated that they intend to instal3 a five foot by
five foot wall sign on the west sideo
Ms. McPherson, Planning Assistant, stated that when the Council
approved the shopping center's amended sign plan fo� Sports Spree,
it allowed the most westerly tenant to have a wall sign on the west
walle
MOTION by Councilman Schneider to concur with the unanimous
recommendation of the Appeals Commission and grant Aariance
Request, VAR #95-13, with the following stzpulationsa (1D existing
evergreen shrubs located in the south portion o� the play area
shall be removed and replaced with new shrubs; (2) �he owner sha13
� execute and record against the property a hold harmTess agreement
indemnifying the City from liability should repairs occur to the
water main under the play area; and (3) pavement markings gn�ica-
ting a pedestrian crossing shall be added to the parking lot to
provide additional safety measures during �he �imes of pick-up and
drop-off. Seconded by Councilman Billings, YJpon a voice votee
all voting aye, Mayor Nee declared the motion carried unanimously.
14. FIRST READYNG OF AN ORDYNANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING
DISTRICTS (REZONING REQUEST, ZOA #95-D2, �Y THE CITY OF
FRIDLEY, GENERALLY LOCATED AT 73RD AND UNIVERSITY AVENUES
(WARD 11:
Ms. McPherson, Planning Assistant, stated that the first reading
of this ordinance covers a change in the zoning �or property
located at 73rd and University Avenues from A�I-2, d-Ieavy YndustriaY
f.o C-2, General Business. She stateci �hat at the request of
Councilwoman Jorgenson, staff analyzed tY�e present location of the
liquor store and �he proposed location in relation �o the par7ts in
the City. She stated that the distance between +the liquor store
and the parks does increase with this proposec� new locationo k�is,
McPherson stated that staff recommends approval of the first
reading of this ordinancee
� Councilman Billings stated that the motivation for rezoning �his
property to C-2 was to accommodate a new municipal Yiquor storea
He stated that at the last meeting, �ouncil requested sta€f ��
examine an alternate site at Osborne Road ancT iJniversity Avenue�
FRIDLEY CITY COUNCIL MEETING OF JUNE 2G. T995 EAGE i0
� Mr. Burns, City Manager, stated that staff reviewed the alternate
site and arrived at a purchase price. He stated that there are a
number of issues that are outstanding, and s�af� will continue
their research before a complete analysis is providedo
Councilman Billinqs stated that without completion of that
analysis, he would move the followinge
MOTION by Councilman Billings to table the first reading of the
ordinance at this timee Seconded by Councilwoman Bolkcom, �pon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Councilman Billings asked that those gersons in a�tendance for this
rezoning item be notified when the item is again �efore the
Council.
2. ESTABLISH PUBLIC HEARINGS FOR: FINAL PLAT REOUEST, P.S.
#95-01: REZONING REQUEST, ZOA #95-Oi9 AND VACATYON REQUEST,
SAV #95-02, BY THE ROTTLUND COMPANY, YNC. THE ROTTLUND
COMPANY. INC. IS PROPOSING THESE REOUESTS IN ORDER TO CON-
STRUCT 48 SENIOR-ONLY. OWNER-OCCUPYED CONDOMINIUMS. 56 OWNER-
OCCUPIED ATTACHED TOWNHOUSES, AND 50 OWNER-OCCUPYED IDETACHE�
TOWNHOUSES: GENERALLY IACATED SOUTH OF MYSS�SSIPPI STREET.
� WEST OF UNYVERSYTY AVENUE. AND NORTH OF SATELLITE LANE
(WARD 1)°
Councilman Billings stated that as he reca3ls, 4he decision to
proceed with a project on this site was voted on by the Housing
and Redevelopment Authority in December. He stated that at that
�ime, there was considerable discussion regarding �he densit} and
cost projections as to Tand write-down and acquisitiona
Councilman Billings stated tha� �he recommendation from �he Plan-
ning Commission is a lower density and a different configuratbon
than what was originally discussed. He asked if HRA has taken any
action or will take action on these plans prior to the pubYic
hearings before Council.
Ms. IDacy, Community Development Director� stated that over the las�
several months, as a regular part of the HRA meet�ngs, an update
has been provided on the plans. She stated it is her understandinq
that once the Council decides on the density and land use issueso
the HRA will then evaluate the development contract. She stated
that staff has attempted to keep the HRA up to date on �he issues.
She stated that if there is a specific item Council woul� Yike
discussed with the HRA, staff would be happy to do soe
� Councilman Billings stated that he would like the HRA to address
the costs and what type of density the� feel is neened to meet the
financial restraints for that site. YIe felt tha� this informatio�
was important before the Council makes a determination on 'tl�e pTan,
� FRIDLEY CITY COUNCIL MEETING OF JilNE 26. 1995 FAGE i�
Ms. Dacy stated that after the first Planning Commission meeting
on these plans, the values and density changed and Mr. Casser3y
prepared an analysis which was shared with the HRAe She felt that
the HRA is waiting for a decision on the density so �hey can
evaluate the financial figures. She stated that all the numbers
they have been evaluating have not exceeded the general parameters
discussed in December�
Councilman Billings stated that if the HRA is waitin� for Counoil
to determine the density, he felt that this was addresse� i�
December. He stated that whatever comes out of the public
hearings, the comments from Council wi11 have an impact on the
developer to make changes in the product they are delivering and
the HRA has to assess the feasibility of the cost. He stated he
feels that the plat will change before �inal approva3 and questions
the process of having public hearings on a plat that most li➢cel�
will be revised,
rils. Dacy stated that the oniy solutiora she can sugqes�t is joint
meetings with the HRA. She stated that to revie�r the issues on
this development would probably take at least two pubTic hearings
by the Council. She stated that she wanted to grant the Council
the most control possible over the deveYopments
� Ms. Dacy stated that �he intended process was to hold the public
hearing on July 10, and continue it to July 24, for the plat,
rezoning, and vacation requests. She stated that the basic issues
would be discussed knowing there would be changes. She stated that
the public hearing date could also be changed to July 24a an�
continued to August 14, with a joint meeting with the FiRA on either
July 13 or i7. She stated that this would place the seconci and
final reading of the rezoning ordinance and approvaB of �he pTa�
to the first Council meeting in Septemrier.
MOTION by Councilman Billings to set a publgc Y�earing rfor July 240
1995 for Plat Request, P.S. #95-01; Rezoning ]2equest, ZOA #95-Ola
and Vacation Request, SAV #95-02, �econded 9�y �.ouncilwomarn
Bolkcom. Upon a voice vote, all voting aye, Mayar Nee decYared the
motion carriecY unanimously.
6. RESOLUTION NO. 38-1995 DESIGNATING POLLYNG PY,ACES AND
APPOINTING ELECTION JUDGES FOR THE JUNE 27, i995. STATE
REPRESENTATIVE HOUSE DYSTRICT 52A SPECIAL ELECTION:
Councilman Schneider stated that at the last meeting, 1�fiere was
discussion regarding this special election which �s axn unfundec9
mandate and information was requested from the Secretary of S�tate.
� Mr. Pribyl, Finance Director, stated that the question og �he
consequences if the City did not hold this special election was
posed to the Secretary of Stateos Office� and they responded with
reference to a statute regarding negTect of dut�r. iie said that
� FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 1995 PAGE 32
statute states that the City Clerk is guilty of a felony, He
stated that there really is no case law on this issue, as no one
has contested it. He stated that there is a statute that refers
to election expenses payment and states that the City shall �ear
the costs associated with the electione
Councilwoman Jorgenson stated that she would move the followingq
under protest:
MOTION by Councilwoman Jorgenson to adopt Resolution Noe 38-1995e
Seconded by Councilwoman Bolkcom. Upon a roll calY voten Council-
woman Jorgenson, Councilwoman Bolkcom, Councilman Billings, an�
Mayor Nee voted in favor of the motion. Councilman Schneider voted
against the motiona Mayor Nee declared the motion carriede
Councilman Billings stated that based on the fact that there would
not be sufficient time to alert the voters of District 52A that
reside in Fridley that an election would not be helda he regre�-
tably voted in favor of this resolution. He sfated that thgs does
not mean he wiYl vote in �avor of the funds for this electgon,
Councilman Billings requested staff to indicate to the Secretary
of State and the Governor's Office that there is no guarantee that
� funds will be available for the July 11 election and ask what they
pTan to do to fund this election,
Councilman Billings stated that it was impossible under the cir-
cumstances the Governor has set to inPorm the eiectorate, and there
was no time for voters to obtain an absentee ballot. He statea
that the City received questions from the resAdents and information
could not be provided because of the s�ort period of iime for th�
election. He stated that he objected to providin� funding for
something that is a ludicrous manipulation of the election process.
Councilman Schneider stated that he totally concurs with Councilman
�illings' comments, He stated that there was �o urgency ta fil�
that position, and he felt that voters should have �he opportunity
to become informed and to cast absentee ballots,
Councilman Billings stated that Representative Simoneau°s resigna-
tion was effective at midnight on June ls and the election is
June 27. He stated that he understands there is another vacancy
in Legislative District 26A and yet the Governor �as not acted in
haste to fill that vacancy. He questioned why the Governor does
not feel it is just important to fill that vacancy in District 26A,
as this vacancy in District 52A�
7. RESOLUTION NO. 39-1995 APPROVING AND AUTHORIZING SIGNING AN
� AGREEMENT ESTABLYSHING WORKING CONDZTIONS. WAGES AND HOURS OF
POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR
THE YEAR 1995e
Mr. Hunt, Assistant �o the City Manager, sta�ed thaC there were two
mediation sessions held with the Police Union concerning �our
issues: wages, insurance benefits, �ongevityP and education
�
FRIDLEY CITY COUNCIL MEETING OF JUNE 26. 1995 PAGE Y3
reimbursement. He stated that all these issues were resolved, with
the exception of the tuition reimbursemente He stated that he felt
it was best to settle on the other issues and submit this one to
arbitratione
Mr. Hunt stated that it is recommended this contract be approveda
with the exception of Article 31a Employee Education Programe
Councilwoman Bolkcom asked who makes the de�ermination that co�rse�
are job related,
Mr. Hunt stated that the employee submits a request for a college
course, and it has to be approved by the department managere He
stated that if the course is job related, they are reimbursed for
the tuition; fifty percent when they sign up for the course; and
the other fifty percent is paid when the course is compl�ted with
a passing grade,
Councilman Schneider asked if the employee re�urned the £ifty
percent paid by the City if they did not get a passing gradeo
Mr. Hunt stated that they do not pag back �he origina3 �iPty
percent, but they are not reimbursed the other fifty percente
� Mr. Hunt stated that the proposal for tuition reimbursement is �hat
the City would pay up to $2,250 per year for tuition including �he
cost of books and course related fees, He stated that the City
felt this was a very attractive offer and is puzzied why it was not
accepted by the Union,
�
Councilman Schneider state� that if this issue goes to binding
arbitration and the ruling is not in favor of the City, the Police
Department would have a different salary and benefit structure than
other City employeese
Mr. Hunt stated that is true, and this was the case ten years ago.
He stated that as far as determininq the cost of the Union's
proposal, there is the possibility that the iigures coul� be
reduced because most og the employees are not coming up to the
$2,250 per year limite
Councilman Schneider stated that when the budget was discussed,
Council tried to get costs under controY but the one item that was
out of line was tuition reimbursement�
Councilwoman Bolkcom asked if it was permissible for a police
officer to take accounting classes.
Mr. Aunt stated that the course would be paid for if the class was
required for an employee°s degree that is job reiated.
MOTION by Councilman Billings to acYopt I2esolution I3o� 39-1995,
Seconded by Councilwoman Jorgenson.
FRIDLEY CITY COUNCIL MEETING OF JUNE 26, 1995 PAGE 14
� Councilman Schneider stated that eiqhty percent of the City's costs
are related to personnel. He �elt that �he City°s proposal gor
tuition reimbursement was very fair and the con�ract should not be
accepted. Ae felt that if they go to binding arbitration„ �h�
whole contract should be arbitrated,
Councilwoman Jorgenson stated that Cauncil tries to make benefits
available equitably to a11 employees, �he stated that she �as a
hard time with this going to arbitration knowing that 75 percent
of the employees will have a cap on �uition reimbursementa and she
did not feel it is fair for other empYoyees to not have the samee
Mr, Hunt stated that he couTd not agree more, and he felt that the
City had a good argument for this one issuee
Councilman Billings stated that even though Council budgeted
certain funds and has an objective in mind� the barqaining process
has to be kept in mindo He stated that since police officers are
not able to strike, binding arbitration is a means to solve these
situations. He stated that in this case, he agrees with Cit�
staff. He stated that while Council does not totally like the
contract, it seems the proposal on the table makes the most sensee
He stated that there is another bargaininq year next year, and
regardless of the outcome of this arbitration, he felt that the
� costs probably would not be that great�
Councilman Schneider stated that he assumed the City does not have
written guidelines as to what constitutes work reYated programsa
Mr. Hunt stated that this is left to the discretion of the depart�
ment managers.
Councilman Schneider stated that if a department manager did not
approve an employee taking a certain coursep it could be construed
as arbitrary and capricious.
Councilman Schneider asked how many affirmative votes it would talce
to adopt the resolution.
Mr. Herrick, City Attorney, stated Y�e unders'tands that if the
resolution is adopted, Council is accepting the three areas where
hhere has been agreement anci agreeing to go to arbitration on the
issue of tuition reimbursement. He stated that funds k�ave beer�
budgeted for the three areas where there is agreement. He stated
that even if the City would Tose in arriitration ancl the buclget �s
exceeded, the City is required by law to proceed with this
arbitration. He stated that three affirmative votes were necessary
to adopt this resolution.
� Councilwoman Bolkcom stated that for the r�ext buclget session, she
would like to ➢cnow the amount of tuition reimbursement and pay
increases in the private sector, She stated that she wou3d also
�
�
�
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
JULY 10, 1995
The Regular Meeting of the Fridley City Council was called to order
at 7:12 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
ROLL CALL:
MEMBERS PRESENT:
MEMBER ABSENT:
APPROVAL OF MINUTES:
Mayor Nee, Councilwoman Jorgenson, Councilman
Schneider and Councilwoman Bolkcom
Councilman Billings
COUNCIL MEETING, JUNE 26, 1995:
MOTION by Councilwoman Jorgenson to approve the minutes as
presented. Seconded by Councilwoman Bolkcom. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
Mayor Nee stated it is proposed that the Council invert the order
of business for tonight's meeting and consider the regular agenda
items before the consent agenda.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to consider the regular agenda
items, before the consent agenda items, and move Item 4 of the
consent agenda to the regular agenda. Seconded by Councilwoman
Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
NEW BUSINESS:
10. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING
DISTRICTS (REZONING REpUEST, ZOA #95-04. BY HOME DEPOT USA.
INC., TO REZONE FROM C-2, GENERAL BUSINESS, AND M-2. HEAVY
INDUSTRIAL, TO C-3, GENERAL SHOPPING CENTER DISTRICT,
GENERALLY LOCATED NORTH OF I-694 AND EAST OF EAST RIVER ROAD
fWARD 31:
Ms. Dacy, Community Development Director, said that staff has no
remarks at this time, and Council has received staff's recom-