07/09/2012 - 31350CITY COUNCIL MEETING
CITY OF FRIDLEY
JULY 9, 2012
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: Scott Hickok, Community Development Director
James Kolsuchar, Public Works Director
Don Abbott, Public Safety Director
William Burns, City Manager
Darcy Erickson, City Attorney
Darin Nelson, Finance Director
Deb Skogen, City Clerk
PRESENTATION:
Shaunna Johnson, First Vice President of the League of Minnesota Cities, presented Mayor
Lund with the C.C. Ludwig Award. The C.C. Ludwig recognizes elected officials who have
made significant contributions to Minnesota city government.
Mayor Lund thanked the League of Minnesota Cities for this award.
Mayor Lund said representatives from the Minnesota Pollution Control Agency are present to
provide some answers to questions that were brought up at the town hall meeting held by Erin
Brockovich regarding the water quality in Fridley. There will be future town hall meetings
scheduled to discuss concerns in more detail.
Kathy Sather, Director of the Remediation Division for the Minnesota Pollution Control
Agency, said they would like to provide some feedback to concerns raised at the June 27, 2012,
town hall meeting. They are willing to participate in any meetings to talk more about specific
sites or concerns.
Gary Krueger, Project Manager of the State Superfund Program, said he oversees the
investigation and cleanup of sites in the state. Although he does not have the Fridley sites, he
works in both Washington and Dakota County. The MPCA Superfund Program was established
in 1984 and the responsible parties of the sites are usually held accountable to clean up the sites.
Their department provides oversight and they are reimbursed from the parties. The problems are
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 2
with the sites where there is no known responsible party. The state and federal governments
have to step up to clean up the site with state or federal Superfund money. In most cases, the
MPCA has taken the lead in these federal Superfund sites and worked hand in hand with the
EPA on the sites. Whether we have the lead or not, the EPA still has final say on what gets done.
We have cooperative agreements with the EPA to provide funding for our program and when the
sites are cleaned up, long-term monitoring EPA checks of the site will take place every five
years. The MPCA is a well established program, and the EPA is comfortable with us taking the
lead on most sites.
Mr. Krueger said the Minnesota Department of Health works closely with us especially when it
comes to impacts on drinking water. A similar process is in place to do investigations in
working hand in hand with EPA. To determine the listing, the state has a State Superfund List
that is similar to the National Priorities List. This is what is used to identify Superfund Sites.
Once a Superfund Site is identified, it is eligible for clean up dollars.
Mr. Krueger said there is a hazard ranking system that is used to help decide if the property
should be on the list or not, depending on how the property is scored. The EPA has set a
minimum score needed to be eligible for the listing. The FMC site was one of the highest
scoring sites in 1983 when it was proposed, but through comments the score dropped a little bit.
If a site scores high, it does not mean it will be automatically listed. A process is followed to
evaluate risks and clean-up options. Public comment is very important throughout this process.
Mr. Krueger said in cases where there are impacts to municipal wells, they look at the site with
respect to the drinking water impact. There are MPL sites where we make an effort to find the
source, which is an MPCA requirement to figure out who is responsible. We will step in with
state/federal funding if we cannot find the party responsible. This can be a long process and
sometimes during this time the contamination levels may drop and be barely noticeable. In 2005
the level dropped below drinking water standards and the site no longer needed action or an
investigation. We do continue to monitor the situation every five years.
Mr. Krueger said there is also a feasibility study done in this process evaluating appropriate
treatment options for ground water that is pumped out and it must meet regulatory requirements.
We do have to comply with all the requirements.
Mr. Krueger said soil vapors came up at one of the meetings and that has been shown to be a
problem in areas like shallow water plumes. A risk assessor has looked at this and the levels are
below the screening levels relative to where there are residents. There is a low probability of
vapor issues.
Mr. Krueger said they do whatever they can to have public involvement through meetings and
hearings. The MPL sites have information at libraries where documents are kept for the public
to view and they are also on the website. Plans for follow up on public information and site-
specific information to these sites, what has been done and where we go from here will be
coming in the future.
Mayor Lund said that modeling came up at the meeting.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 3
Mr. Krueger answered that was groundwater modeling, where plumes are going, and most sites
are near the Mississippi River. We believe the ground water plumes are traveling towards the
river. It also looks at what the concentration is over time in some areas.
Mayor Lund asked if they looked at the mapping.
Mr. Krueger replied there are plume maps, where they know the e�tent of the groundwater
plumes and where they are located.
Mayor Lund said he has seen some of the mappings and it looks like the Arsenal site goes west,
but it goes south into Minneapolis. He asked if Minneapolis is doing anything about this and if
they were doing any carbon filtration.
Mr. Krueger said he was not sure. Municipal wells are required to monitor what is coming in
and if that is an issue, it will need to be monitored.
Councilmember Saefke noted the citizens need to make a distinction between surface water and
groundwater. Minneapolis takes water from the Mississippi River and they have gone to micro
filtrations so they are dealing with manmade chemicals and organisms found in the surface
water. They have spent millions of dollars to do that and have a number of groundwater wells
throughout their system.
Mayor Lund asked about the ranking system, as Fridley had the number one ranked site, the
FMC site.
Mr. Krueger replied that is correct. The EPA looks at the groundwater, contamination, where
the wells are nearby, intake, how many people it serves, etc. The FMC site was one of the first
400 sites listed and when it was proposed, it had the highest score, 74/100. When the site was
approved for the listing, there was an adjustment in the scoring. It was still high but had dropped
a little. Once the sites are on the list, the EPA does not look at the highest score first. They look
at the risk and the responsible parties.
Mayor Lund said the score is still significant. One suggestion brought up at the meeting was to
get a carbon filtration system in the City of Fridley, but the cost is in the millions.
Mr. Krueger answered the Minnesota Department of Health sets the drinking water standard
levels, which are currently 5 parts per billion. According to the Minnesota Department of
Health, the drinking water is safe right now.
William Burns, City Manager, said in order to get funding, the City has to show a relationship
between the contamination of the well field and the Superfund site. The City of New Brighton
received federal funding from a TCCAP program from the Army for the GAC system. For
Fridley, that direct link has not been established.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 4
Mr. Krueger said if the exceedance is above the drinking water standards, that would be
available. The site is still on the National Priority List. If we found a source, the City could go
to the source; if not, it would be a federal or state-funded action.
Dr. Burns said Fridley has not exceeded the standards.
Mr. Krueger said it has not.
Mayor Lund said the water is not bad enough for funding for a sophisticated filtration system so
the levels have to get worse before it gets better. Fridley has exceeded the 5 parts for billion
when testing the water a few times throughout the years but now it has dropped significantly.
One time a well tested at 9.5 parts per billion and there was a traceable amount which was .2
parts for billion in 2009. It is unnerving to know that it has improved but may get worse.
Mr. Krueger said the goal is to try to find the source. Information on specific sites can be found
at www.bca.state.mn.us. There will also be information posted on Fridley's website at
www. ci. fridley. mn.us.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of June 25, 2012:
Councilmember Bolkcom asked for the second paragraph on Page 6 to read:
Councilmember Bolkcom said that she just wanted to make sure this made sense, to
repair a roof if we are planning to do construction or expansion in the future.
APPROVED AS AMENDED.
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission Meeting of June 20, 2012.
RECEIVED.
2. Resolution Approving an Agreement with Anoka County for State Health Improvement
Program Grant.
William Burns, City Manager, said that Anoka County has offered Fridley an additional
$18,000 in SHIP Funds. The funds must be used by June 30, 2013. Staff's recommendation is
we use them to complete the City's bikeway/walkway plan that was not completed under the first
SHIP grant. We have included a list of related activities that we intend to complete. Staff
recommends Council's approval.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 5
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
3. Resolution Approving Plans and Ordering Advertisement for Bids: Main Street
Sidewalk Project No. ST2011-22
William Burns, City Manager, said this project includes construction of pedestrian and bicycle
facilities from 61st Avenue to a point just north of I-694. The section north of 57th Avenue will
include a 10' walkway that will e�tend from 60th Avenue to 57th Avenue and an on-street bicycle
lane. South of 57th Avenue, a shared use path (for bikers and walkers) will be constructed on the
west side of Main Street to a point where a future trail bridge will cross I-694 and continue
southward.
Dr. Burns said the project will also include landscaping, retaining walls, pedestrian ramps, and
pavement markings. While we are still waiting for final MnDOT approval, we are asking
Council to approve the advertisements for bids subject to its approval. This will enable the City
to build the bikeway segment this fall and take advantage of what we expect will be good
pricing. The projected cost of the project is $177,000. Of this amount, $110,000 will come from
Transit for Livable Communities (TLC) funds. The City will use $37,500 in MSAS money and
$29,500 as an in kind match for in-house project design. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Resolution Appointing Representation to the Mississippi Watershed Management
Organization Board of Commissioners.
William Burns, City Manager, said on March 12, Council approved the City's participation in
the Mississippi Water Management Organization (MWMO). The Joint Powers Agreement for
the MWMO provides that each member appoint one delegate and one alternate to the MWMO
Board. Fridley advertised for these positions and received an application from John Haluska,
James Saefke, and Dolores Varichak.
Dr. Burns said in view of the fact that this Board is comprised mainly of Council members from
member cities and in view of the fact that Jim Saefke is the only candidate who lives within the
district, staff recommends that Council appoint Ward 1 Councilmember, James Saefke, to this
Board. Staff also recommends Ward 2 Councilmember, Dolores Varichak, be appointed as Jim's
alternate to this Board.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Resolution Authorizing the Fridley Fire Department to Participate in Submitting a
Proposal to the Minnesota Department of Public Safety to become a State Hazardous
Material chemical Assessment Team
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 6
William Burns, City Manager, said the Fridley Fire Department has been an active member of
the North Metro Chemical Assessment Team since 1995. This resolution authorizes its
continued participation. Our costs for this participation are largely offset by Minnesota
Department of Public Safety reimbursements. Staffrecommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
6. Resolution Providing for the Sale of $1,295,000 General Obligation Equipment
Certificates, Series 2012A.
William Burns, City Manager, said this resolution authorizes the sale of $1,295,000 in debt for
the purchase of equipment for General Fund departments in 2012 and 2013. The amount
includes $600,000 for a fire engine and $270,000 for two six-yard dump trucks. The bond sale is
scheduled to take place on August 20, 2012. Staff recommends Council's approval.
APPROVED RESOLUTION NO. 2012-43.
7. Appointments to Commissions
William Burns, City Manager, said that Council conducted interviews with six City commission
applicants in June. Staff recommends the appointment of Greg Akerman to the Parks and
Recreation Commission and Eric Boyles to the Environmental Quality and Energy Commission.
APPROVED.
8. Claims (155012 - 155182):
APPROVED THE CLAIMS AS SUBMITTED AND AS ON FILE.
9. Licenses:
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF CONSENT AGENDA:
Councilmember Bolkcom asked for Items 2, 3, 4, and 5 to be removed from the Consent
Agenda and placed on the regular agenda.
MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of
Items 2, 3, 4, and 5. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 7
OPEN FORUM VISITORS:
No one from the audience spoke.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to approve the Agenda with the addition of Items 2, 3,
4, and 5. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS:
10. Preliminary Assessment Hearing on Oak Glen Creek Improvements Project No. 380.
MOTION by Councilmember Bolkcom to waive the reading of the public hearing and open the
public hearing. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:30 P.M.
James Kosluchar, Public Works Director, said the banks of lower Oak Glen Creek have
experienced severe erosion due to a combination of factors, including land use, lack of vegetative
cover, and undercutting of non-cohesive banks during peak discharge flow events. The segment
of Oak Glen Creek west of East River Road is located on private property and easements are not
established that enable City maintenance. It is an e�tremely difficult and costly task for
individual property owners to deal with this project on their own.
Mr. Kosluchar said the City of Fridley has been working with the Anoka Conservation District
(ACD) to develop a plan for mitigation of this erosion. Public meetings have been held with
adjacent property owners during development of this plan. The City of Fridley has been working
with the Anoka Conservation District (ACD) to develop a plan for mitigation of this erosion.
Public meetings have been held with adjacent property owners during development of this plan.
Mr. Kosluchar said in April, 2009, a discussion was held with residents about issues. Follow-
up discussions were held by ACD staff with each resident, and a draft mitigation plan was
developed. In July 2010, design concepts were brought forward for discussion at a meeting with
residents. It was concluded that an outside source of funding would be needed to make the
project feasible and to reduce assessment impacts on property owners.
Mr. Kosluchar said in 2011, ACD and the City of Fridley applied for a grant through the Clean
Water Legacy program for 80% of the project costs. The project was awarded by the state in
December 2011. A meeting was held in March 2012 to present this information to the residents.
Due to the time since the original design, this needed updating. In May 2012, another workshop
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 8
was held with the residents, showing the final design. At both of these meetings, funding was
discussed along with special assessments to benefiting properties.
Mr. Kosluchar said on June 11, 2012, a Feasibility Report was received by the City Council.
The project is to be subject to MN Chapter 429. At this meeting, the City Council adopted a
resolution setting a public hearing for tonight. The proposed project includes the installation oi
rock check dams, boulder slope stabilization, brush bundles and revetments for stabilization,
vegetative riprap, shrub plantings, erosion control blanket and seeding, e�ension of drainage
pipes and rain leaders, installation of storm water Best Management Practices (BMPs) and top of
bank buffer maintenance by property owners.
Mr. Kosluchar said that the following easements will be required for this project.
• One existing easement for a storm sewer pipe that empties to the creek.
• Easements need to be established where planned improvements will be installed.
• Easements drafted, not yet sent.
Limitations on staff time have impeded our ability to get these out to date.
Until easements are in place that will enable construction of this project, we recommend that the
City Council wait to initiate this project.
Mr. Kosluchar said the project schedule will be presented at the time we recommend initiation.
The project will likely start this fall or winter. A separate project is being performed by the City
to remove trees through a grant from the Conservation Corps-Minnesota and Iowa; this may start
in late summer.
In the project agreement with ACD, the City will be the lead agency and City will handle
inspection during construction and the acceptance process. As proposed, the City will accept
maintenance of the improvements. Occasional structural elements will need to be inspected and
repaired and thinning of trees that inhibit understory plant growth will be required.
Mr. Kosluchar said property owners have been notified that they will need to maintain buffer
strip vegetation, rain leader e�tensions (where applicable), and BMPs associated with the project
through a maintenance agreement.
Mr. Kosluchar reviewed the following project costs and funding sources:
Proiect Costs
Construction Costs $ 384,500
Engineering and CPM 40,200
Total Project Costs $ 424,700
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 9
Proiect Funding Sources
Clean Water Legacy Grant $ 339,700
Storm Water Utility Fund 42,500
Special Assessments* 42,500
Total Project Funding $ 424,700
*21 Properties assessed approximately $2, 000 each
Mr. Kosluchar reviewed the Repayment of Assessment options:
Option 1: Lump sum paid within 30 days of the assessment hearing (after
construction).
Option 2: Added to property taxes that are paid over 10 years with an interest rate of
approximately 6.0%.
Option 3: Seniors citizens meeting certain criteria may request to have the
assessment deferred until the future sale of the property. Interest accrues
until the sale. (Per City Res. No. 14-1995)
Mr. Kosluchar said going forward, there will be an item on a future agenda to authorize a
resolution directing staff to finalize plans and authorizing the advertisement for bids. If
approved, the project may be advertised for bid letting this fall. If approved, construction of this
project would likely continue through 2013. Staff requests the City Council open the
preliminary hearing on Oak Glen Creek Improvements Project No. 380.
Councilmember Bolkcom asked when the funds from the Legacy Lean Grant needed to be
spent.
Mr. Kosluchar answered there is a two-year period on that grant. It must be complete by
December, 2013.
Councilmember Bolkcom asked if the easement agreements were going out this week.
Mr. Kosluchar replied staff is doing their best to get them done and sent out.
Councilmember Bolkcom said the easements have to be done before we can go forward, and
that includes cutting down the trees, which we have another grant to help with those costs that
has to be used soon. If we wait unti12013, to start this project, it is amazing in a year the drastic
changes that can happen to the area. She asked if this project had any special assessments.
Mr. Kosluchar said in this case, there is an 80% grant funding opportunity.
Councilmember Bolkcom said that Locke Lake and Rice Creek had similar projects with
benefiting parties. There has been conversation relating to Plymouth or Maple Grove where
there were no special assessments and the project was paid through the storm water funds.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 10
Mr. Kosluchar said their storm water rate is quadruple to Fridley's storm water rate.
Councilmember Bolkcom wanted to thank Coon Creek Watershed District, as they have talked
about how important it is to do this project. Anoka County Conservation has also been
incredible. Staff has been to almost everyone's home, marking the trees, etc. She asked what
revetments were.
Mr. Kosluchar revetments are trees that are woven together and placed in a bank; eroded
materials fill in the space and create a solid wall.
Councilmember Bolkcom asked if all easement agreements needed to be received before we
can start cutting down the trees.
Mr. Kosluchar answered yes. Some properties are not affected by the water and do not touch
the creeks but other banks are clear back into the properties.
Don Wegler Jr., 7356 East River Road, said his home is a long way from the creek and he has
no erosion problems. He is willing to help his neighbors but as far as taxation, he is not in favor
of that because it will not increase the value of his property. He has not had any problems for
many years and he sees no worth for his property.
Bob Lange, 189 Logan Parkway N.E., said he is in favor of the project as the City needs to get
ahead of the erosion and all the water that comes from the east. He would like to see it done and
the financial picture is good and fair because of the grant. It is important to give this project
more priority. The creek changes every year and more erosion is occurring.
Councilmember Bolkcom said the easement agreement is for maintaining ongoing easements as
far as maintenance for the City to fix improvements.
Mr. Kosluchar said there are three documents for each owner to work with: a maintenance
agreement, permanent easement and right of entry for the removal of trees.
Mark Nelsen, 235 Logan Parkway, said his property is on the river end of the creek and they are
experiencing heavy erosion. The creek can move piles of sand into the river during heavy rains.
The sooner we can do something the better. Looking at the financial end, he could not get a
contractor to take care of this problem for $2,000.
Abe Spirelli, 115 Glen Creek Road NE, said he has had to put in drains on his property and has
lost trees in the yard. This project is very important to him.
Mayor Lund noted that Mr. Spinelli lived right ne�t to the person who is not in favor of the
project. He asked how the erosion could affect his property and not his neighbor.
Mr. Spirelli said that his neighbor's home is far away from the river, the erosion affects his
property but not his home.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 11
Jacob Smith, 151 Glen Creek Road NE, said he bought his property in June of 2009, and last
year he lost two large trees and with those trees, 20-30 yards of dirt went down the creek Today
there is further erosion and this is all within a short period of time. He asked why it was taking
so long.
Mayor Lund said in 1970-1980, there was a design plan to address this issue but it fell apart
because of the cost. Now there is a funding source to pay for part of the cost.
Councilmember Bolkcom added over the years, more trees have grown and are pulling the bank
down. Also people throw leaves and grass clippings in the creek and that causes vegetation that
holds the banks up. The erosion is a combination of all these things.
Mr. Smith said the erosion is speeding up and time is running out. He is worried if we don't get
this in soon this will impact the cost of fixing it even ne�t year. It has been another wet spring
with a lot more damage and he wants to be able to correct things with the monies we have right
now.
Councilmember Bolkcom said that is why we are trying to get easement agreements back to us
so we can start cutting trees, etc.
Mr. Smith asked what happens if not everyone agrees to do it. We care about the damage that is
happening and compliment everyone for trying very hard to fix this problem.
Mr. Kosluchar said it is imperative that all easement agreements are signed and returned.
Mr. Smith asked what happens if they are all not returned.
Mr. Kosluchar said the project cannot go forward without the easement agreements signed.
Mr. Smith asked if the City would inform residents which owners have not signed or is that
confidential information.
Darcy Erickson, City Attorney, said that would not be private information and would be
available. Homeowners can contact the city and request that information.
Mayor Lund said he understood Mr. Smith's concern. There have been issues with property
owners who have not wanted to sign easements in the past. It is possible to get around that but it
will delay the project significantly, as it would have to go to court.
Attorney Erickson said
participation of everyone.
signed and returned.
the feasibility of this project depends on easement agreements and
If owners do not sign, it affects the project. All agreements need to be
Councilmember Bolkcom said if homeowners have any questions, they should contact Council
and they will work through the questions. There is an urgency to get the easement agreements
out this week.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 12
Mr. Lange said the Mississippi River dam is getting worse and worse. Property lines are
defined by the river so the property lines are shifting.
Councilmember Bolkcom said that Coon Creek Watershed District will continue to look at
doing things upstream to help with this problem. The big concern is to fix this now and maintain
it as funding becomes available.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:10 P.M.
11. Appeal Hearing and Resolution Denying a Liquor Managerial License for Emily
Louise Dirk.
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 9:11 P.M.
Attorney Erickson swore in all witnesses giving testimony.
Deb Skogen, City Clerk, said Fridley received a liquor license renewal application dated March
6, 2012, on March 12 from Rob Did it Again, Inc., d/b/a Chris & Rob's Chicago (Chris &
Rob's). Chris & Rob's sell Strong Malt Liquor and Wine. Section 603.20 of the City Code
requires a liquor managerial license. Chris & Rob's provided three liquor managerial license
applications, including the application of Emily Dirk.
Ms. Skogen said the license applications were forwarded to the Fridley Police Department for
the background investigation required under 603.20.4 of the City Code. On April 13, 2013, the
Police Department completed its background investigation. The background check revealed two
criminal convictions:
Felony Theft Conviction — Plea 11-14-2011; sentenced 01-24-2012 - theft involved an
estimated $40,000 in cash and property from parents. Criminally charged in May, 2011.
Misdemeanor Worthless Check Conviction - Plea 06-07-2011 - Two dishonored checks
passed in November of 2008.
Based on the very recent and significant background issues, the Police Department denied the
liquor managerial license for Emily Dirk.
Ms. Skogen said staff mailed a letter dated April 19, 2012, to Ms. Dirk notifying her of denial,
grounds for denial and the appeal process. (Exhibit 7) Staff received a letter dated May 20,
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 13
2012, from Ms. Dirk requesting an appeal hearing before the City CounciL (Exhibit 8) Staff has
had numerous communications with Ms. Dirk regarding the scheduling and confirmation of the
July 9, 2012, appeal hearing. (Exhibit 9)
Ms. Skogen said staff mailed the Notice of Appeal letter to Ms. Dirk on June 27, 2012. (Exhibit
10) City staff has obtained certified copies of Exhibits 1-6 from Anoka County that should be
received as part of the record as Exhibits lA-6A. In addition, Exhibits 11 through 14 contain
references to Black's Law Dictionary definitions of "Moral Turpitude" and "Fiduciary Duty,"
City Code Section 603.20, and MN Statute Section 364.03 which should also be received as part
of the record.
Ms. Skogen said staff recommends holding the appeal hearing to receive evidence and hear
testimony on this matter. If the City Council agrees with the recommended denial, Council
should make a motion approving a resolution denying the liquor managerial license for Emily
Louise Dirk Attachment A is a proposed resolution affirming denial. The City Council may
adopt these findings of fact, add to these findings, modify these findings of fact, or adopt
different findings of fact.
MOTION by Councilmember Bolkcom to move into record Exhibits lA-6A. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to move into record Exhibits 11-14. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Darcy Erickson, City Attorney, noted this information was submitted to Ms. Dirk prior to the
hearing and the pages are also recited in the resolution.
Attorney Erickson asked if Chris & Rob's holds a 3.2 liquor and wine license and if Ms.
Skogen had a conversation with Ms. Dirk and agreed to hold the appeal hearing tonight.
Ms. Skogen answered yes.
Don Abbott, Public Safety Director, said the Police Department did the background check
which indicated that Ms. Dirk was convicted as Ms. Skogen indicated; a felony theft of cash,
coins and jewelry from her parents which Ms. Dirk pled guilty to on November 14, 2011. She
was sentenced January 24, 2012, to five days in jail, 10 years probation and 100 community
service hours and conditions. Also indicated were two dishonored checks resulting in a
misdemeanor in an Anoka County court case. A guilty plea was entered on that charge on June 7,
2011. That is the summary of the two issues of criminal history the Police Department found.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 14
Councilmember Bolkcom asked if this background check was any different from anyone else
who has made an application for a managerial license.
Chief Abbott answered no, this is a standard background check conducted for any managerial
license. Most City applications have similar background checks and it is in the City Code. The
City Code directs the Police Department to conduct this background check.
Attorney Erickson asked if Ms. Dirk is currently on supervised probation through January 24,
2022; Exhibit 6.
Chief Abbott replied yes.
Attorney Erickson asked what the terms were of her probation.
Chief Abbott read that Ms. Dirk must remain law-abiding and of good behavior, follow all
instructions of probation, psychological evaluation/treatment as recommended by Corrections —
follow all recommendations including counseling or medication — use Corrections as collateral,
cognitive skill training as recommended by Corrections, supply DNA sample, obtain
employment and maintain employment as recommended by Corrections — cannot hold a job that
has Fiduciary responsibility — to notify any future employers of this offense — Corrections to
notify current employer of this offense, and to pay restitution of $1,890.39 to Lincoln Pawn and
$18,050 to Merritt and Lynette Frisbie — pay on schedule per Corrections.
Attorney Erickson asked if there was less than four months lapse between the guilty plea and
the application for the managerial license.
Chief Abbott answered yes.
Attorney Erickson noted the time lapse from Ms. Dirk's sentence to the application is
approximately two months.
Chief Abbott answered yes.
Attorney Erickson asked what the responsibilities were of a manager were for a liquor
managerial license.
Chief Abbott said that within the City the licensed manager is to prevent the sale of alcohol to
minors, supervise staff to not sell to minors, prevent the sale of alcohol to intoxicated persons
and directing staff to do the same. Other responsibilities include preventing the sale of liquor
outside of the established hours and accurate reporting of the alcohol sales.
Attorney Erickson noted this is not an exhausted list; there may be other duties a manager may
perform.
Chief Abbott answered yes. Generally, the code requires the licensee to delegate to a manager
other duties.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 15
Attorney Erickson said the manager would act on the behalf of and for the benefit of the liquor
licensee and would be required to act on behalf of the liquor license.
Chief Abbott answered yes. It is clear that the owners are typically not on the premise at all
times. An authorized agent is on the premise to ensure that all laws and ordinances are followed.
Someone on duty at the location is there and physically ensuring the business is operated and
staff is adhering to the laws and ordinances of the sale and provision of alcohol.
Attorney Erickson said so the owners depend on a manger to adhere to the laws of alcohol for
the state and the city. The manager acts on behalf of the liquor licensing. Do you believe this
involves fiduciary responsibilities?
Chief Abbott said that is his understanding of the manager's duties. Many years ago, he sold
off-sale 3.2 beer at a store he managed and the manager does have access to control money, and
take money in and out of the business. This is a fiduciary responsibility.
Attorney Erickson asked if Ms. Dirk's conviction cast any significant doubt on her to be
trustworthy, reliable and have the ability to support her personal interest in support of the
employer.
Chief Abbott said that is the concern of the Police Department, which led to the recommended
denial of the license. In order of us to depend on a manger, that person needs to adhere to the
Minnesota State Statutes.
Attorney Erickson asked if the criminal conviction history of the applicant limited her ability to
act as a licensed manager of the employees under the compliance of liquor rules.
Chief Abbott answered yes.
Attorney Erickson asked if it was in the best interests of public safety to issue a managerial
license to the applicant.
Chief Abbott said he cannot impress enough to license holders that management is everything
when it comes to maintaining order and running a safe operation. It is not in the best interests of
public safety to issue the license to the applicant.
Attorney Erickson asked if there was sufficient time between the sentence and application to
show rehabilitation of the crimes and serve in capacity as a manager.
Chief Abbott answered no. When we get an application we look at the age of the offense, the
passage of time and we make a recommendation. In this case it stands out to have such a
significant violation occur in just a matter of 2-4 months--less than a year of the offense itself.
That factors into our decision. This is very recent.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 16
Attorney Erickson asked in Exhibit 1, what the age was of the applicant at the time of the
offenses.
Chief Abbott noted that Ms. Dirk date of birth is June 14, 1979, which calculates her at 33 years
of age at the date of the application.
Attorney Erickson asked if this was a sufficient age and understanding of the crimes and cannot
be described as of discretion of youth.
Chief Abbott said at the time of the guilty plea, she was 31. The offense occurred at age 29.
Yes, that is old enough to understand the crime.
Attorney Erickson added this is not an act committed by a young 22 year-old who may not have
understood the wrongness of the actions.
Chief Abbott answered yes, once you achieve the age of 18 you are to be able to know the
difference between right and wrong.
Robert Dubnecay, 20475 Busch Street N.W., asked when Ms. Dirk was denied her application.
The Chief can make a recommendation to deny but not actually deny her application.
Ms. Skogen said that when the City approved the liquor license, the associated license section
603.20 says to involve the Police Department to recommend denial of a license. The liquor
license was approved by City Council. This application did not come to Council as it was
recommended for denial by the Police Department.
Mr. Dubnecay noted the Chief cannot deny a license, he can recommend denial but not deny.
Attorney Erickson said that an administrative denial provides power of the Police Chief to
recommend denial.
Mr. Dubnecay noted that the letter dated April 19, 2012 says Ms. Dirk was denied, not
recommended for denial and the grounds for the denial of the license. Only Council can
recommend that denial.
Mayor Lund said that everyone is here tonight to hear testimony to approve denial or if we feel
sufficient evidence has been submitted that would not deny the license.
Emily Dirk, 725 Sunset Parkway, asked what she was being denied, and the basis for the denial.
Mayor Lund said that the ongoing discussions from the City Attorney and Chief Abbott and the
exhibits that were given to everyone, answers that question sufficiently.
Ms. Dirk agreed she is on probation and she has notified her employer and the probation
department and has a letter stating she is not breaking probation on fiduciary responsibilities.
They knew what she was doing when she was sentenced and her responsibilities have not
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 17
changed since she was charged. Mr. Dubnecay also knows what she was charged with. Mr.
Dubnecay has to write a letter every six months saying she is okay to be in her position. She is
not breaking any terms of her probation.
Mayor Lund asked if Ms. Dirk was working at Chris & Rob's in a managerial position before
she was sentenced.
Ms. Dirk answered yes; she was an assistant manager.
Mayor Lund asked if she had a license to work in that capacity.
Attorney Erickson asked if prior to her sentencing she worked as a manager.
Mr. Dubnecay said she was a manager before and a general manager after.
Attorney Erickson said the City Code uses the term manager and within seven days of
employment as manager the person must apply for and submit to the City an application for a
managerial license.
Mr. Dubnecay said he was not aware of that at the time.
Councilmember Saefke noted if there was not a liquor license involved, this would not be an
issue.
Attorney Erickson said a managerial license is required because of the liquor license.
Mr. Dubnecay said the claims state moral turpitude. It has to do with cash.
Councilmember Saefke said Fridley City Code, Section 603.20.6, "Any license issued
hereunder may be revoked for any violation of this Chapter or of Minnesota Statutes Sections
340.07 through 340.40 or for conviction of any crime or misdemeanor involving moral
turpitude." The power to revoke a license based upon a conviction of a crime or misdemeanor
involving moral turpitude includes the power to deny a license on those grounds. The
Applicant's conviction for Misdemeanor Theft — Issue Dishonored Check —Value Not More
Than $250 is a crime of moral turpitude, as it is a crime of dishonesty and violates accepted
moral standards in the community.
Attorney Erickson said Chapter 340 is a predecessor to 340A which is the state liquor license
statutes. Ms. Skogen told Ms. Dirk that the statues involved with respect to moral turpitude are
undefined according to Minnesota State statutes and not defined in state law, so we provided a
common accepted definition of moral turpitude.
Councilmember Saefke asked if moral turpitude refers to a felony or misdemeanor.
Attorney Erickson said that it includes both.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 18
MOTION by Councilmember Bolkcom to move into record a letter from Probation Officer
Steve Tusa, dated June 27, 2012. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom said Mr. Tusa may not be aware of our liquor managerial license
requirements. He says it is okay for Ms. Dirk to work as Assistant Manager but that also means
the establishment serves intoxicating beverages, it also says General Manager in the letter. Does
this person know the establishment sells intoxicating beverages?
Chief Abbott said he did contact the Anoka County Community Corrections Center at the end of
June. He spoke with the Probation Service Center as Ms. Dirk does not have a specific assigned
probation officer--it is whoever answers the phone for that day. He did discuss what position she
applied for, the Assistant Manager position, per the application that was turned in. Chief Abbott
asked if that would be an issue with the probation and Mr. Tusa said he would have to check into
that and this letter is a result of that. In the letter we learned that she was promoted to General
Manager. The letter says the Correction Department knows that and does not have a problem
with that nor does it violate her probation to hold that position.
Attorney Erickson asked with respect for the managerial license application, if there was a
concern that there was no assigned supervising agent for Ms. Dirk.
Chief Abbott said that he is comfortable the probation officer is not one person.
Ms. Dirk said she does not have an assigned probation officer because she is considered a low
risk She has taken the Cognitive Thinking Class and is considered a low risk felon. She has
been doing everything she is supposed to be doing and is an outstanding citizen. She could have
crawled into a hole and done nothing but she is trying to pick herself up and work The City is
making her feel like she does not deserve a second chance.
Mayor Lund said he was sorry she felt that way and they are trying to be as fair as possible.
Ms. Dirk said that a task force for underage drinkers was sent in and she passed that test. She
knows the City's laws, and for the last nine months has been doing a good job at managing the
restaurant, and her staff has been doing their job.
Mayor Lund was concerned that no managerial application was made for the nine months Ms.
Dirk has been working in that capacity. He said it is positive that she knows the laws and passed
the underage drinking test. The negative is there is not a lot of time lapse from the felony into
when you were in this type of a position. Credibility and trustworthiness is in question.
Councilmember Bolkcom asked if the letter from Mr. Tusa negates anything that is related to
603.20; even if the probation officer feels this can happen. The City of Fridley does background
checks. That is part of the liquor license.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 19
Attorney Erickson answered no, it does warrant to strike the provision in the resolution that has
been submitted with respect to find it a violation of the terms and condition of her probation.
The analysis the Council needs to engage is in Minnesota State Statute 364.03, Minnesota
Rehabilitation Statute. That statue sets forth the consideration factors, criteria that the Council
considers. This letter does not make that process a conclusion that you must grant it. It would be
appropriate to strike finding 18 in view of this letter.
Ms. Dirks said 364.03 read "no person shall be disqualified from public employment, nor shall a
person be disqualified from pursuing, practicing, or engaging in any occupation for which a
license is required solely or in part because of a prior conviction of a crime or crimes, unless the
crime or crimes for which convicted directly relate to the position of employment sought or the
occupation for which the license is sought."
Mr. Dubnecay added so in order to serve alcohol you must be trustworthy.
Councilmember Bolkcom said there are provisions when you have a restaurant that serves
intoxicating beverages that you must abide by all the laws; trustworthy, yes, in terms of serving
those of legal age. My point to Ms. Erickson was the letter from corrections. It is great she is
rehabilitating herself, but the question is that it is still in the Minnesota State Statues and the City
Code that is what you need to do to get a managers license.
Mr. Dubnecay asked if she was putting the moral turpitude clause in the code.
Attorney Erickson agreed with what Ms. Dirk read. She said she does not mean to speak for
others, but believes the convictions directly relate to the role and duties of a manager.
Mr. Dubnecay asked if she can be a manager if no liquor is involved.
Attorney Erickson replied that Ms. Dirk submitted a liquor manager license application for the
establishment.
Mr. Dubnecay repeated that Ms. Dirk could be a manger but not a liquor manager. He had a
conversation with Chief Abbott about this and Chief Abbott advised to reclassify her job title.
Chief Abbott said that conversation took place right after he recommended denial of the
managerial license. Mr. Dubnecay said then he would have to fire her and she could not work
there anymore. Chief Abbott said she could still work other duties for his establishment like
cooks, etc., but not in the liquor management capacity. He did not indicate to change her job title
but to change the job. That is the issue, the license liquor manager vs. other jobs in his
establishment.
Mr. Dubnecay distributed a court case finding dated February 7, 2006. He referenced page 9 in
regards to moral turpitude. It reads "Moral turpitude is not defined in the statutes or rules
governing licenses issued by the Commissioner of Commerce. The Department's investigator
who considered the Respondent's application was not aware of any particular definition used by
the Department and was unable to articulate the definition he used. Black's Law Dictionary
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 20
defines "moral turpitude" as an "[a]ct of baseness, vileness or the depravity in private and social
duties which man owes to his fellow man, or to society in general, contrary to accepted and
customary rules of right and duty between man and man," and as an "[a]ct or behavior that
gravely violates moral sentiment or accepted moral standards of (the) community." In a criminal
conte�t, moral turpitude refers to the "quality of a crime involving grave infringement of moral
sentiment of the community ...." In a previous case involving an application for a real estate
salesperson's license, Administrative Law Judge Luis found that possession of child
pornography was clearly a crime involving "moral turpitude" within the meaning of Minn. Stat.
§60K.43, Subd. 1(6). Judge Luis noted that the act of possession of pornographic material
depicting se�ual activity by or with minors has been made criminal by the Minnesota Legislature
in Minn. Stat. §617.247 and that "the act of possessing such material is condemned because of
the inherent base conduct and depravity involved as elements of the offense." It is apparent that
the Respondent's conviction of criminal se�ual conduct in the second degree in violation of
Minn. Stat. §609.343 also involves elements of depravity and violation of accepted moral
standards consistent with the common understanding of the meaning of the phrase "moral
turpitude." The Commissioner thus appears to have the authority under Minn. Stat. §60K.43,
Subd. 1(6), to deny the application of the Respondent. The more difficult question, however, is
whether Minn. Stat. §60K.43, Subd. 1(6) should be interpreted to mean that a conviction of any
crime involving moral turpitude must result in a permanent bar to licensure, regardless of the
relationship between the crime committed and the licensure sought, the amount of time that has
elapsed since the crime was committed, or the rehabilitation efforts of the applicant. Chapter 364
of the Minnesota Statutes declares that "it is the policy of the state of Minnesota to encourage
and contribute to the rehabilitation of criminal offenders and to assist them in the resumption of
the responsibilities of citizenship" and notes that the "opportunity to ... engage in a meaningful
and profitable ... occupation ... is essential to rehabilitation and the resumption of the
responsibilities of citizenship." Chapter 364 generally states that a person cannot be disqualified
from pursuing a licensed occupation due to prior conviction of a crime unless the crime directly
relates to the occupation for which the license is sought. If the crime is, in fact, directly related to
the occupation for which a license is sought, the person cannot be disqualified if he or she can
show competent evidence of sufficient rehabilitation and present fitness to perform the duties of
the occupation. Her parole officer says she can perform these duties.
Attorney Erickson said to read Statute 364 carefully. The definition of sufficient evidence of
rehabilitation may be established by the production oi
(1) a copy of the local, state, or federal release order; and
(2) evidence showing that at least one year has elapsed since release from any local, state,
or federal correctional institution without subsequent conviction of a crime; and evidence
showing compliance with all terms and conditions of probation or parole; or
(3) a copy of the relevant Department of Corrections discharge order or other documents
showing completion of probation or parole supervision.
None of this has been brought forward tonight.
Mr. Dubnecay said this is brought up by the findings of moral turpitude and that is not
enforceable; it is too vague and broad and cannot be used.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 21
Attorney Erickson said she has not had time to read the information. If there was any other
evidence or documents that could be presented, she was not aware of any information that was
submitted formally by Ms. Dirk other than the testimony of Ms. Dirk Subdivision 3b talks
about submitting other elements for Council consideration.
Ms. Dirk said there is a program where they would bond her up to $5,000 to ensure the City that
she would not cause any harm and to help rehabilitate her for re-employment.
MOTION by Councilmember Bolkcom to move into record the Findings of Fact, Conclusions,
and Recommendation from the Office of Administrative Hearings for Brett Isaac Ma�vvell.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to move into record the information sheet on the Federal
Bonding Program submitted by Ms. Dirk Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Ms. Dirk said she is doing all she can to do to make herself credible. She asked how her theft
would take her away from serving a bottle of beer. She carded under aged drinkers and denied
serving alcoholic beverage to them. She passed the test for City inspection.
Councilmember Bolkcom said passing the test of not serving underage drinkers is not the only
responsibility in dealing with the overall license. She added there are different job
responsibilities between an assistant manager, manger and the managerial license.
Mr. Dubnecay said the City does not have a difference between managerial jobs.
Councilmember Bolkcom said there is a difference between being a manager at an Old Country
Buffet and Chris n Rob's. A manager does not need to apply for an application if they work at
the Old Country Buffet but an application for a managerial liquor license is needed to be a
manager at Chris & Rob's. Ms. Dirk did abide by the rules in passing the City test of underage
drinkers but the other part of the approval process is to pass the background check.
Mr. Dubnecay said that he has similar restaurants that serve beer and they do not have to go
through a background check It is not right to discriminate against past things that she has been
found guilty of. Just because she wrote bad checks should not mean she cannot sell a bottle of
beer.
Attorney Erickson said Chris & Rob's sells intoxicating liquor and this requires a licensed
manager because it is a liquor establishment. Ms. Dirk's application came in as a liquor
managerial license. This is not because she serves alcohol but because she is responsible for
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 22
what occurs on the premises under her watch. She is manager of the establishment and
responsible for all that occurs with alcohol such as minor service, after hour service, etc. The
manager of food service without liquor and that of one that sells liquor are different. The City
Council can consider factors in State Statute 364.03. Ms. Dirk has passed the liquor checks and
that is commendable; it is also commendable that she is trying to turn her life around. Council
needs to pay attention to State Statute 364.03. It says that a lack of time between conviction and
the application for a license as well as other items such as the age at the time of the offense and
the nature of the crime. There is direct relationship of the crime to the position that she seeks.
There needs to be trustworthiness and credibility when it comes to the managerial
responsibilities.
Mayor Lund concurred with that statement. He commended Ms. Dirk on the things she has
been doing. Unfortunately, there has been a lack of time to prove hersel£ Also there has been
an attempt to try to confuse the issue about assistant manager, general manager and licensed
liquor store manager. He is concerned that there were only months that passed between the
crime and when the application was made. He concurred with the City Attorney's summation.
Dr. Burns asked what time beyond the crime would be considered acceptable in terms for her to
have a managerial license—one year, two year.
Chief Abbott said there is no indication in the State Statue or in the City Code what "a
reasonable amount of time" would be. In other City employment background checks we do, we
look at five years between a DUI and eligibility to have job in the City to operate a city vehicle.
Time is not defined.
Councilmember Barnette said on Page 44 of the agenda, it states under Minn. Stat. § 364.03,
Subd. 3(a) that:
(a) A person who has been convicted of a crime or crimes which directly relate to the public
employment sought or to the occupation for which a license is sought shall not be
disqualified from the employment or occupation if the person can show competent
evidence of sufficient rehabilitation and present fitness to perform the duties of the public
employment sought or the occupation for which the license is sought. Sufficient evidence
of rehabilitation may be established by the production oi
(1) a copy of the local, state, or federal release order; and
(2) evidence showing that at least one year has elapsed since release from any local, state,
or federal correctional institution without subsequent conviction of a crime; and
evidence showing compliance with all terms and conditions of probation or parole; or
(3) copy of the relevant Department of Corrections discharge order or other documents
showing completion of probation or parole supervision.
He asked if Ms. Dirk has met any of those.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 23
Ms. Dirk said once she pays off the restitution the probation would be dropped. She is a low
risk offender to this county which is why she does not have an assigned probation officer. She
has done all she is supposed to do.
Councilmember Varichak asked how long it would take Ms. Dirk to pay the restitution.
Ms. Dirk said she could pay it off within 2'/z years with the current money she is making and
position she has.
Mr. Dubnecay took responsibility for the late filing of the managerial license. And as far as the
different job titles; Ms. Dirk has did so well he has promoted her from assistant manager to
general manger before she was sentenced. Ms. Dirk has increased sales and worked well with
the public and schools. This establishment does serve alcohol but that did not amount to more
than $1,000 last year. The alcohol sales are a minor part of this business.
Mayor Lund asked why they have a managerial license if the amount of alcohol sales is so
small.
Mr. Dubnecay said he has businesses in three other cities, and Fridley is the only City that
requires this type of license.
Councilmember Saefke said if the liquor sales are not that great maybe he would want to
consider surrendering the liquor license. Then it would not be an issue anymore.
Mr. Dubnecay said he would rather Council deny the request and they would go back to court
for discrimination.
Councilmember Saefke commended Ms. Dirk for what she has done but the paperwork he has
received shows the conviction of two charges. He commended Mr. Dubnecay for hiring Ms.
Dirk but Council is obligated to follow City ordinances and State Statutes. It is not a matter of
discrimination; if Ms. Dirk worked at Perkins, her background would not be a problem.
Ms. Dirk said her job in the restaurant is not to sell beer. She asked what the difference would
be if they took away the liquor license.
Councilmember Varichak said the issue is because the restaurant sells intoxicating beverages.
Councilmember Bolkcom said the confusion is the serving of alcohol and because there are
State Statues. State Statutes, §304.64.03 that has to do with the intoxicating beverage license
related to the liquor license. This is not discrimination. It has to do with the State Statutes. This
has nothing to do with Ms. Dirk, the establishment, or the rehabilitation. Councilmember
Bolkcom commended Ms. Dirk for turning her life around and it is a sad situation. This is an
example of how a mistake can snowball into something else.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 24
Audrey Nelson, 250 61st Avenue NE, said she does not know Emily but can relate to what it is
that she is going though. She had a son go through this and have to prove himself. Ms. Dirk
deserves a chance.
Mayor Lund said that she was given chance this evening as Council is taking evidence and it
has been submitted on her behalf.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 10:30 P.M.
MOTION by Councilmember Bolkcom to make the following amendments to the resolution:
Page 45 2. That each and all of the foregoing exhibits, Exhibit 1 through 14 are
incorporated herein as a part of the record of these proceedings.
Page 47 18. The position of manager naturally involves fiduciary responsibilities as
she must act on behalf of and for the benefit of the liquor licensee. ��t#�
Ei1r'"cu'ccivic.�B� �cicicl`i��L2�� "�icJz�iv�cclB�}c�icu�
�l..�l„ I„�. f��. ,.. I�.l�l�.,... f;�l..��..�... �. ��l,�l�t�„�
Page 48 add 28. Applicant has not submitted evidence of factors set forth in Minn.
Stat. §364.03, sub 3, 1-3.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-44. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom said that this is a tough decision and she wished the best for Ms.
Dirk.
Councilmember Varichak commended Ms. Dirk in trying to get her life back on track and
doing the right thing.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 25
NEW BUSINESS:
12. Resolution Approving Special Use Permit, SP #12-03 for Sam's Club, Generally
Located at 8150 University Avenue N.E. (Ward 3).
Scott Hickok, Community Development Director, said petitioner is requesting a special use
permit to allow motor vehicle fueling dispensing services by constructing a gas station within the
existing parking lot of the Sam's Club property, located at 8150 University Avenue. The project
will include the construction of a 192 square foot kiosk building and six fueling pumps that are
covered by a canopy. They will also install three underground storage gasoline tanks.
Mr. Hickok said parking and circulation will be modified on the site to allow for the
construction of the gas station, and additional landscaping will be installed to provide screening
and visual interest. Motor vehicle fuel dispensing services are a permitted special use in a C-3
zoning district. Sam's Club has been interested in constructing this gas station on their property
for several years; however the City's parking code standards would not allow them to eliminate
parking stalls for the construction of this use.
Mr. Hickok said in 2005, the City approved a te�t amendment to reduce the parking code
standards for commercial properties from 1 stall for every 150 sq. ft. to one stall for every 250
sq. ft. of building area. As a result of this change, Sam's Club is now able to use some of their
large parking lot to accommodate the construction of the gas station and still be compliant with
code parking requirements. The proposed canopy and kiosk building meet all setback
requirements and lot coverage requirements will also be met. The new kiosk building will be
constructed of CMU (concrete masonry unit) painted block, which will match and be compatible
with the e�terior of the existing Sam's Club building.
Mr. Hickok said the Planning Commission unanimously recommended approval of SP #12-03
at their June 20, 2012, meeting with five stipulations. The petitioner was unable to attend the
Planning Commission meeting because his flight from Tennessee was delayed. He does
however agree to all the stipulations. Staff recommends concurrence with the Planning
Commission with the following Stipulations:
1. The petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall ensure that all lighting on the property is shielded and downcast,
so as to not e�end over the property line or create glare.
3. Signs permits shall be submitted and approved prior to installation on the new
canopy.
4. A code compliant landscape plan shall be reviewed and approved prior to issuance of
a building permit.
5. City Engineering staff to review and approve grading, drainage, and utility plan prior
to issuance of a building permit.
Councilmember Saefke noted the area of this project traditionally has a high water table; he
asked if soil testing has been done.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 26
Brook Schields, Carlson Engineers, said there is solid remediation for 8 feet all around the
canopy area, kiosk and gas tanks.
Councilmember Bolkcom asked if on Stipulation #4, related to the landscape plan, they were
talking about the landscape around the gas station or the entire area.
Mr. Hickok answered it is his understanding to look at the entire site to make sure it meets
standards. We think the additional landscape discussed will enhance the site further.
Councilmember Bolkcom asked what it meant by "code compliant."
Mr. Hickok said that every project requires a certain amount of landscaping. When there is a
new addition, staff makes sure the project is still in compliance in terms of the number of
trees/shrubs etc. This is a reminder to look at the overall site and not just the new section.
Councilmember Bolkcom asked if Mr. Schields is aware of the stipulations and agrees.
Mr. Shields replied yes.
Councilmember Bolkcom asked if they are aware the City does not like things stacked around
the gas station.
Mr. Hickok said it is staffs' understanding their operation of fuel sales is different than a
standard convenience store. The main product line is sold inside the store and the gas station
will have gas pumps and areas to fill the vehicle. There will not be any parking in this area to go
inside either.
Councilmember Varichak asked if staff had heard anything from neighboring businesses.
Mr. Hickok replied staff sent out notices and no comments came back Sam's Club is very large
and set back from the property line which is probably why we have not heard from anyone.
Councilmember Bolkcom asked if there was a plan to reduce the number of parking spaces and
allocate more green space.
Mr. Hickok said they are putting the facility in an impervious parking area. No modifications
have been made regarding parking. Staff would never discourage them to take out parking in
exchange for green space. If they have additional parking that does not get used, it would be
nice to beef up the landscape.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-45. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 27
2. Resolution Approving an Agreement with Anoka County for State Health Improvement
Program Grant
Councilmember Bolkcom asked on page 9, related to hours, explain what it means.
Scott Hickok, Community Development Director, said it is defined in the budget how much
time it would take to accomplish the tasks that are in this program. Staff evaluated different
ways to do this and it would take 700 intern staff hours to get to the value of $10,486. The other
hourly rate is the current amount of time invested at a lower rate. Staff is waiting for Council's
approval. There will be a lower rate for some work and an increased rate for the final 700 hours
of the intern's time.
Councilmember Bolkcom thought the map printing fee of $7,000 seemed high.
Mr. Hickok said the bike walk plan maps will be printed and distributed to residents. The maps
will include information on how to do 60 minutes of exercise daily.
Councilmember Bolkcom asked if this information is available on line.
Mr. Hickok answered yes.
Councilmember Bolkcom stated that the listed timeline is aggressive. She asked if the project
could happen that fast.
Mr. Hickok answered yes.
Mayor Lund noted on page 6, second to last paragraph, the date should be June 30, 2013.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-39. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Resolution Approving Plans and Ordering Advertisement for Bids: Main Street
Sidewalk Project No. ST2011-22.
Councilmember Bolkcom asked if it was okay to approve this resolution with no MnDOT
approval.
Jim Kosluchar, Public Works Director, answered he expects MnDOT to approve the project in
the ne�t week or two.
Councilmember Bolkcom noted that the resolution has a date in there.
Mr. Kosluchar said he would direct staff to put a bid date in of August.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 28
Darcy Erickson, City Attorney, said the matter would have to come back to City Council.
Councilmember Bolkcom noted that the project has changed from the book and asked if staff
had conversations with businesses along the bike walkway and if their concerns were addressed.
Mr. Kosluchar answered that there were two issues; the safety of the crossing and visibility and
whether it was safe for pedestrians and both businesses. The other concern was parking, and
staff did not intend to address that issue.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-40. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
MOTION by Councilmember Bolkcom to insert the map that was given to Council on page 12
and to change #1 to read Interstate 694 to 61s`Avenue. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
4. Resolution Appointing Representation to the Mississippi Watershed Management
Organization Board of Commissioners.
MOTION by Councilmember Bolkcom to adopt Resolution 2012-41. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE,
COUNCILMEMBER VARICHAK AND COUNCILMEMBER BOLKCOM VOTING
AYE, AND COUNCILMEMBER SAEFKE ABSTAINING FROM VOTING, MAYOR
LUND DECLARED THE MOTION CARRIED ON A 4 TO 0 VOTE WITH ONE
ABSTAINING.
5. Resolution Authorizing the Fridley Fire Department to Participate in Submitting a
Proposal to the Minnesota Department of Public Safety to become a State Hazardous
Material chemical Assessment Team.
Councilmember Bolkcom asked with the Fire Department's shortage of firefighters, if this
would have an impact on the department.
William Burns, City Manager, said this is talking about one person who has been doing this for
quite a long time.
Councilmember Bolkcom asked if the time would be reimbursed.
Dr. Burns answered yes; at an hourly rate.
FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 29
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-42. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Report.
Councilmember Bolkcom congratulated the appointed Commissioners, there were a lot of good
candidates and she hopes they continue to apply for future appointments that open.
Mayor Lund sent out Council's condolences in memory of Char Fitzpatrick.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 11:05
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor