06/06/1977 - 00014493� y
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THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 6, 1977
The Regular Meeting of the Fridley City Counci7 of June 6, 7977 was called to order
at 7 32 p.m. by Mayor Nee.
PLE�GE OF ALLEGIANCE
Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL•
MEMBERS PRESENT
MEMBERS ABSENT
APPROVAL OF MINUTES.
Councilwoman Kukowski, Councilman Schneider, Mayor Nee,
Councilman Hamerm k, and Councilman Fitzpatrick
None
REGULAR MEETING OF MAY 16. 1977:
MOTION by Counc�lman Schneider
Kukowski. Upon a voice vote,
unanimously.
ADOPTION OF AGENDA
to approve the minutes. Seconded by Councilwoman
all voting aye, Mayor Nee declared the motion carried
MOTION by Councilman Hamerm k to adopt the agenda as presented. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unammousl y.
OPEN FORUM, �ISITORS•
Ms. Helen Treuenfels, a member of the Fr7dley Police Commission, appeared before the
Council regarding replacement of two police officers who resigned last year.
She stated the Police Commiss�on certified three persons who were eligible to be hired
and Council authorized the hirings, but the City admim stration has not filled the
vacancies.
She advised she recetved a letter from the C�ty Manager, with an opinion from the
City Attorney, which states the City does not have to hire anyone because they are
in the process of obtaim ng a new eligibil�ty list. She stated the standard, whtch
supposedly has not been met according to the City administration, is the physical
agility test.
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Ms. Treuenfels stated she has checked into the State guidelines for the agility test
and found out the Fridley Police Commission sets the standards for their community.
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She indicated the persons on the list are no± beingnhired because of the agility
test, however, these same persons wou7d be placed on the new elig�bility list, according
to their score. She said that Mr. Fitzpatrick raised a question at the last Council
meeting and was told they would have first choice from the new list, instead of
scraping the bottom of the barrel of the old list She reviewed the scores o6tained ,
by persons on the present list. She advised the top three persons on the list are
men and �he fourth person is a women. Therefore, if one of the top three were hired,
this would brin9 the fourth person into the top three and eligi6le for appointment
She stated she was told that Fridiey will never have a woman on their Police force
as Mr, Hill will not allow it. She stated Mr. Hill ran the agility tests on the
candidates.
REGULAR MEETING OF JUNE 6, 1977
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Now the mandatory guidelines say that the agility test should be pass/fail, no scoring
is involved. But what was done with that test was the s�orin� not on an average of
what the police department does, 6ut on the best performance of any officer in any
one of the tests. Now that set the standards and she said she had the report right
here, it states that their standards were for the best score in any part of that test
sets the standard. The commission reviewed that test and said the scoring is illegal,
unfair, there is no possible way any normal woman could pass, not on overall performance,
�but the best, the fastest man she's got to run against. She has to pull against the
strongest man and the thing is this, the woman could do everyone of the things that
were required, but she could not do it as fast as the fastest candidate and she is
told, fatled the test.
Ms. Truenfels stated she does not feel the citizens of Fridley are being properly served
when the department is running short of officers and it is the responsibility of the
Police Cor�nission to see that the Department is properly manned She stated she informed
Mr. Hill she was going to the Council with this matter.
Mr. Qureshi, City Manager, stated last year there was an Attorney General's ruling
Police Officers cannot be hired unless they meet certain standards; that is, each
applicant would have to pass an a9ility test and other job related tests. Therefore,
they feel these candidates do not legally meet all the necessary requirements.
Mr. Herrick, City Attorney, stated it is very clear the City cannot hire and the State
will not certify officers that have not met the agility test.
Ms. Treuenfels stated the test given by the Police Department was not fair. Mr. Herr�ck
stated he has no opinion on that one way or another, but the fact remains that an
agility test must be passed and 5tate requirements met in order for the officers to
attend the police academy. He stated he agrees the Police Commiss�on determines what
the standards are as far as the test is concerned. He stated, if the Police Commission
wishes to certify these standards have been followed and the persons have passed an
agility test, it would be an entirely different ballgame. Mr. Herrick stated, at the
�time he wrote his opinion, these persons were not certified as passing an agility test.
Ms. Treuenfels asked why Mr. Hill became head of the Police Department as he has not
passed any test.
Mr. Herrick stated he is an Assistant City Manager, has duties outside the Police
Department and the head of the Department need not be under the Civil Service Department
rules.
Ms. Treuenfels stated, according to a ruling by the Supreme Court in October, 1976, the
department is an employee of the department Zn which he belongs. She stated, if she is
not notified within a week that hiring has commenced, she is going to notify the persons
on the list to file a discriminatory suit against the City and she will testify in their
behalf.
Mr. Herrick stated he understood the passing score was set on the lowest of the 75%
of active members within that age category.
Ms. Treuenfels stated the lowest quarter was recommended by the Attorney General for
the runnin9 part and the other parts of the test were not to be scored at all She
explained the test was scored 6y running seven of the twelve eligible candidates in
that age bracket and for scoring took the best score in each category. She stated that
is not a department average. The best score in each category is not the way you run
things ltke that.
�Mayor Nee stated Mr. Sprungman appeared before the Council and stated that was not
the way the test was scored.
Councilman Fitzpatrick stated, as he recalled, the top quarter were not counted and the
top or averaged score of the remaining 75% was taken.
Mr. Herrick felt, if this was going to be discussed, Mr. Hill should be present at the
meeting as serious allegations were being made.
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REGULAR MEETING OF �UNE 6, 1977 PAGE 3
Councilman Fitzpatrick stated that he was never told that they were scraping the bottom
of the barrel, that wasn't a phrase that he had heard at all. He had raised a number
of questions which he felt were not answered until receiving the communication from the
City Attorney this week. He felt the chief question is, when these persons were cert3fied,
was the Attorney General's regulations already in effect.
Mr Herrick stated he did not know if these regulations were in effect prior to the
ttme of the test. '
Ms. Treuenfels stated these persons were certified in Fe6ruary, 1976, and the Attorney
General's regulations were in effect in August, 1976.
Mr. Herrick stated the Attorney General's regulations state no one, after the effective
date of these rules, shall be hired without passing the agility test and other job
related tests and does not grandfather in people who have been previously certified.
Mayor Nee stated to Ms. Treuenfels that she indicates these persons were certified they
passed the agility test, although there is not an official motion indicating this.
Ms. Treuenfels stated the original certification, after written and oral tests was in
February, 1976.
Mr. Herrick asked if the Commission adopted a standard as to what is pass or fail for
the agility test.
Ms. Treuenfels stated they have met the standards by doing certain things without a
certain limit of time.
Councilman Hamernik felt there were serious allegataons and Mr. Hill should have the
opportunity to respond. He stated he would like to continue th�s to a later date
with Mr. Hill present.
Mayor Nee asked Ms. Treuenfels if she could convene the Commission to settle the '
matter of certificatton. She stated she did not know if this would be possible as
she was going into the hospital next week for heart surgery. Mr. Qureshi felt it was
a legal question. He stated the appointing authority cannot make the appointment
unless these persons have met certain standards. He stated his information is that the
test given by the Police Department was not acceptable to the Commission. He stated they
have to set the agility standards and have to certify these persons passed the necessary
tests. If the Commission wishes to make a certification these persons have passed the
agility test, and the Council instructs to proceed with the hiring, they can do so.
He suggested the Pol�ce Commission forward a notice they have certified these persons
as passing the agility test.
Ms. Treuenfels stated, at the Commission meeting, they voted to certify the top three
so that one could be hired.
Mr. Qureshi stated, unless the test is approved by the Commission, it is not a legal test.
Ms. Treuenfels felt it was an illegal test; Mr. Hill had no right to test candidates on
hic own. The Police Commission felt the test was alright, but it was the method of
grading that was used that made it impossible.
Mr. Herrick quest�oned if there were any minutes,stnce he wrote his opinton, showrng a
ma,7ority of the Commission has indicated the present candidates have passed an agility
test.
Ms Treuenfels stated Mr. Hill is now writing the minutes. Mr. Herrick stated the '
Commtssion approves the m�nutes and can make corrections, tf they so desire.
Mr. Qureshi stated the minutes of the Commission indicate the test by the Police Department
was not a valid test and, therefore, does not meet the standards set by the Attorney
General. He stated correspondence is needed from the Police Commission stating these
persons met certain standards and have passed the agility test before they are el�gible
for appointment.
Mayor Nee suggested to Ms, Treuenfels she try to meet wi+h members of the Commission so
official action can be taken r2garding certification on the agility test.
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REGULAR MEETING OF JUNE 6, 1977
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Ms. Treuenfels stated she will attempt to contact the other members of the Commission
and obtain such a statement.
PETITION #9-1977IN FAVOR OF REZONING HYDE PARK AREA:
Mr. Alfred Gabel, 5947 2z Street N.E., submitted a petit�on from the Hyde Park area in
hopes of a fiavorable decision for a block grant. He siated persons he has talked to
ind�cate they are willing to have the property rezoned to residential.
MOTION by Councilman Fitzpatr�ck to receive Petition #9-1977 5econded by Councilwoman
Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
A visttor was concerned they do not get too many apartment 6uildings tn the area He
stated he likes the neighborhood as it is.
P1s. Lucille Calguire, 6008 2nd Street N.E., stated she has improved her property, which
she purchased in 1968, and has also bought property at 5780 and 5790 2z Street N.E
and is making �mprovements at this address. 5he stated she would do anything she could
to make the residents in the area as proud of their property as she is of her own.
She felt, over the last m ne years, she has given a lot to Fridley in improving her
properties and feels it was only fair the City do the same by her Mayor Nee stated he
appreciated her comments.
The visitor stated there are a few signatures on the petition of persons who are not
really sure as there has not been enough discussion.
Mayor Nee felt a meeting with residents in the area would be helpful and the staff
could prepare plans for the review and discussion.
OLD BUSINESS:
INANCE N0. 650 - TO AMEND CHAPTER 11 OF_THE CITY CODE OF THE CITY OF FRI�LEY (BICYCLE
MDTION by Councilwoman Kukowski to waive the second readingbf Ordinance No. 650 and
adopt it on the second read�ng and publish. Seconded 6y Councilman Schneider. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
ORDINANCE N0. 651 - AMENDING CHAPTER 18 "CONTRACTORS," SECTIDN 18.03, "REQUIREMENTS"
MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 651 and
adopt it on the second reading and publish. Seconded by Councilwoman Kukowski. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously.
ORDINANCE N0. 652 - FOR STREET AND ALLEY VACATION SAV #77-01, BY CLIFFORD MISTALSKI;
GENERALLY LOCATE� AT 5801 6TH STREET N.E.:
MOTION by Councilman Hamernik to waive the second reading of Ordinance No. 652 and adopt
it on the second readtng and publish. Seconded by Councilman 5chneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
ORDINANCE N0. 653 - FOR STREET AND ALLEY VACATION SAV #77-02, BY THOMAS E. MARXEN
MOTION by Councilman Schneider to waive the second reading of Ordinance No. 653 and
adopt tt on the second reading and publish. Seconded by Councilwoman Kukowskt. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously
- TO REPEAL OLD CHAPTER 302 OF THE FRIDLEY CITY CODE, ANIMAL
NFW CHAPTFR 3�7 �F THF FRT�IFY CiTY f.��F_ ANTMAI C�NTR�I�
MOTION by Councilwoman Kukowski io watve the second readtng of Ordinance No. 654 and
adopt it on the second reading and publish. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
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REGULAR MEETING OF JUNE 6, 1977
NEW BUSINESS:
CONSIDERATION OF FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF THE CITY
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MOTION by Councllman FTtzpatrick to waive the reading and approve the ordinance upon
its first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carr�ed una m mously.
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CONSI
AND
TION OF FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 11 OF THE
FI RST
CONSIDERATION OF FIRST READING OF AN ORDINANCE
MOTION by Councilman
ordtnances, relating
Councilman Hamernik.
carried unanimously.
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Fitzpatrick to waive the reading and approve the above three
to Chapter 11 of the City Code, upon ftrst reading. Seconded by
Upon a voice vote, all voting aye, Mayor Nee declared the motion
Mayor Nee requested, at the t�me of second reading, that the four ordinances given first
reading this evening, which relate to Chapter 11, be included in one ordinance
AGEN�A CHANGE:
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MOTION by Councilman Fitzpatrick to waive tf�e order of the agenda and consider the item '
relating to the Islands of Peace Project. Seconded by Councilwoman Kukowski. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
PRESENTATION OF THE PLANS FOR THE ISI.ANDS OF PEACE PROJECT:
Mr. Jim Langenfeld, President of the Islands of Peace Foundation, introduced Mr. Dunwoody,
the architect for the pro,7ect.
Mr. Dunwoody presented a slide presentat�on outlining the accomplishments to date with
the Islands of Peace project and some of the pro,7ects planned for the future. He stated
the principal entrance to the Islands of Peace will he on Chase's Island which ts owned
by the City. A reception center and parking lot is proposed for construction. He stated
a small shelter �s currently under construction near the north end of Chase's Island.
The plan calls for developing Chase's Island into two areas, the south for picnicing
and the norih for overn�ght camping.
In Mr Dunwoody's presentation, the slides showed the design of the walkways and picm c
tables. Future plans include area for picnicing, camping, boating, fishing and
nature trails. He stated Gil Hodges Island is not scheduled to be improved, but will
be retained as a wildlife refuge. He stated maintenance of the facilities has been in
cooperation with the City and the Islands of Peace Foundation with a great deal of
voiunteers cooperating in the pro,7ect
Mr. Dunwoody stated with the current grant from the State, riverfront will be acquired,
and the reception bu�lding and parking lot constructed.
Mayor Nee stated a meeting is scheduled for tomorrow nighi wtth Mr. Bill Atkins of
the State Planning Agency regarding this por�ect
Councilman Hamernik questioned the construetion of the building on the Hayes lots.
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REGULAR MEETING OF �UNE 6, 1977
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Mr. Dunwoody stated these plans are very preliminary and before proceedin9 with the pro�ect,
more complete plans would be developed for the Council's approval. Mr. Dunwoody
stated the only thing under consiruction at this time is the 20 x 2D foot shelter wh9ch
fits in with the natural theme of the Island.
Mr. Qureshi thanked Mr. Dunwoody for all his efforts and stated the reception center
building should be as vandelproof as much as possible and hopes this is kept tn mind
in the planning.
Mr. Dunwoody stated they have designed four buildings for the Minneapolis Parks and
Recreation and recognizes the vandalism problem and will take this into consideration
in plans for the reception center building.
Mayor Nee thanked Mr. Dunwoody for appearing before the Council and making his presentation.
Mr. Herrick, City Attorney, stated Mr. Ed Wilmes has raised a few questions which the
Council may wish to consider at the meeting tomorrow evening. These were, the
possibility of obtaining a longer term lease, now that the bill was passed by the State
Legislature, and the language of the bill as it relates to the $50,000 matching funds.
Mr. Herrick suggested this item might be discussed with the State representative as to
whether services will be counted towards the $50,000 and whether consideration will be
given to work previously done.
Mr. Langenfeld asked if it would be possible for the Counc�l to review the plans this
evening since Mr. Dunwoody would not be able to attend the meeting tomorrow evening.
Mayor Nee felt it wasn't a question of the plans, but what is needed as far as funding.
Mr. Ed Wilmes stated WCCO T.V. provided coverage on the Islands of Peace pro�ect and
the reaction from the public is proof that an effort must be made to make the public
aware of this facility. He stated many calls were received from interested groups.
�Mayor Nee stated he is interested in a finance plan on the amount of funds needed
to complete the project 6ased on the assumption that certain labor will be donated.
Mr. Dunwoody stated these figures are available and the figures in the bud9et were not
anticipating volunteer labor.
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VING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 1$. 1977•
MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission.
Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
R. FLATEN, ZOA #77-02, 1�6 ELY STREET:
Mr. Sobiech, Publ�c Works Director, requested the Council set the public hearing for
this item for July 11, 1977.
M�TION by Counc�lman Fitzpatrick to set the publ�c hearing for �uly 11, 1977.
Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
TEEN CENTER REQUEST FOR $20D:
MOTIDN by Counctlman Fitzpatrick to concur with the recommendation of the Planning
Commission and approve $200 for the Teen Center. Seconded by Councilwoman Kukowski.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY UNITED METHODIST CHURCH, SAV #77-04:
MOTION by Councilman Schneider to set the public hearing for �uly 18, 1977. Seconded
by Councilman Hamernik. llpon a voice vote, all voting aye, Mayor Nee declared ihe
motion carried unanimously.
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REGULAR MEETING OF ,]UNE 6, 1077
GARY PETERSON VARIANCES; 1326-1328 AND i344-1346 OSBORNE ROAD•
No action was taken at this time until after the rezonin9 is considered.
RECEIVING THE MINUTES OF THE CATV COMMISSION MEETING OF APRIL 27, 1977:
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MOTION by Councilman Schneider to receive the minutes of the CATU Commission Meeting.
Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee '
declared the motion carried unanimously.
RECEIVING THE MINUTES DF THE CHARTER COMMISSION MEETINGS OF FEBRUARY 15. 1977_ MARCH 15.
MOTION by Councilman Fitzpatrick to receive the above minutes of the Charter Commission
Meetings. Seconded by Counciiwoman Kukowski. Upon a voice vote, aii voting aye, Mayor
Nee declared the motion carried unanimously
RECEIVING THE MINUTES OF THE POLICE CIVIL SERUICE COMMISSION MEETING OF MAY 17, 1977.
MOTION by Councilwoman Kukowskt to receive the minutes of the Police Civil Service
Commission Meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
IDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P.S. #77-02, A REPLAT
Mr. Sobiech, Public Works �irector, explained the location of the proposed plat and
staied a setback of 30 feet is requesied onthe lots because of the street configuration.
He stated the lots do meet the mi m mum area requirements. Mr. Sobiech stated the
petitioner is also requesting a waiver of certain platting and vacation fees. Mr.
Sobiech stated the platting fee for Marxen Terrace was paid in 1970, when the original '
plat was filed, and the improvement of 73z Avenue resulted in a change in the street
pattern. Therefore, it is Mr. Marxen's content�on that action by the City has made
it necessary to replat the lots.
Mr. Marxen stated he will experience replat fees from the surveyors from $1,000 to
$1,200 and, therefore, is requesting the p7attin9 and vacatton fee be waived.
Councilman Schneider questioned the park fee which Mr Sobiech stated was $300 per
lot. Councilman Schneider stated he would consider waiving the platting and vacatton
fees, but felt the park fee should not 6e waived.
Mr. Herrick, City Attorney, felt there was some rat7onale for collecting the park fee
only on one lot because, if it had not been for the City's action, it would not be
necessary for Mr. Marxen to proceed with this replat.
MDTION by Councilman Schneider to approve the replat of Marxen Terrace, P.9. #77-02,
with a 30 foot mim mum setback for the lots. Seconded by Councilwoman Kukowski.
Councilman Hamernik questioned why this was not handled as a lot split.
Mr. Sobiech stated the legal descriptions for lot splits must be very simple and
for these particular parcels, it becomes very involved. He stated a legal description
would have to be made for the middle lot and it could not be a simple description
because of the dia9onal line associated with the plat.
Mr. Marxen stated this question came up with the original plat, but it was felt because '
of the length of the legal descriptions on this particular piece of property, you
wouldn't want to get into lot splits.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voting aye, Mayor Nee declared the
motion carried unanimously.
MOTION by Councilman Schneider that the platting and vacation fee for Marxen Terrace
be waived and the park fee for two lots be waived. Seconded by Councilman Fttzpatrick
Upon a voice vote, all voting aye, Mayor Nee dec7ared the motion carried unanimously.
REGULAR MEETING OF JUNE 6, 1977
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C�NSIDERATION OF REAPPROUAL OF ROTTLUND �AKS P.S �76-07 (APPROUED JANUARY 3, 1977)
Mr. Sobiech stated this is a case where the plat was not recorded in the 90 day period
covered by the ordinance because of litigation of vacating Ely Street. He stated the
original approval required a 45 foot setback from the cul-de-sac property line in order
to get the minimum lot widths.
�MOTION by Councilman Fitzpatrick to re-approve Rottlund Oaks P.S. #76-07, Seconded
by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
P.S. #76-08 (APPROVED
CONSIpERATION OF APPROVAL OF TOWNHOUSE PLANS FOR CENTRAL TOWNHOUSE ADDITION•
Mr. Sobiech stated this plat was not recorded within the 90 day requirement and requested
reapproval. Mr. So6iech stated he felt this 90 day requirement is d�fficult to comply
with and should possibly be an item for discussion by the Council at a Conference
Meeting.
The plat covers property east of Central Avenue and north of 73rd Avenue.
Mr. Sobiech stated the original approval of this plat required a developmental agreement
to provide recreational facilities and these facilities will be located throughout
the complex. Mr. Sobiech stated the dimensions are less along the property line north
of 73rd Avenue and the structure will be placed closer to the east property line. However,
certain fencing and landscaping will be provided.
Councilman Schneider questioned how close this development will be to the existing
dwellings.
�Mr. Sobiech stated it will be 25 feet from the property line and 34 feet from the existing
dwelling.
Councilman Schneider stated he was concerned about them building closer to the existing
dwellings.
Mr. A1 Hoffineyer, architect for ihis development, stated they w�ll have a fence going
all the way around the property which will be installed when construction �s completed.
Councilman Schneider questioned installation of the fence prior to construction being
completed. Mr. Hoffineyer stated it was easier to work without the fence and the
fence is one of the last things to be constructed in a pro�ect. Councilman Schneider
asked what precautions they will be taking to protect the adjoining private property
during construction. Mr. Hoffineyer stated they would take any necessary precautions
to protect the private property as they could be sued, if damage was done to these
properties.
Councilman Fitzpatrick indicated he felt the ad�oin�ng property was going to have a
three story building awfully close to the existing dwelling. He then questioned what
the orig�nablzom ng was on the property.
Mr. Sobiech stated it was commercial zoning except for a portion of R-1 property in
the east portion of the plat
�Mayor Nee questioned if a berm would be constructed on Central Avenue to which Mr.
tioffineyer answered in the afftrmative.
Councilman Schneider questioned if there were other ma�or topographical changes to
which the architect answered in the negative.
Mr. Hoffineyer stated they intend to save as many trees as poss�ble and went to great
extent to loop the water mains so as not to disturb the trees in the area.
Councilman Schneider questioned Mr. Hoffineyer if they were willing to work with the
City staff on the landscaping to which Mr. Hoffineyer answered in the affirmative.
Mr. Ntck Garaffa, 6750 Monroe Street, pointed out that the townhouses on Jackson in
Melody Manor stand quite high and it seems residents in that area are having problems.
He felt any action the Council can take now to eliminate a possible future problem
should be done.
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REGULAR MEETING OF JUNE 6, ]977
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Councilman Schneider quest�oned if the landscap�ng and fencing would be completed as
each stage is constructed. Mr. Hoffineyer indicated this would be done.
MOTION by Councilman Schneider to reapprove Central Townhouse Addition P.S. #76-08
and approve the Townhouse Plans for Central Townhouse Addition with the stipulation that
the setback be 30 feet from Central Avenue and correspondingly �ncrease the side yard
setback from the east propeMty line from 25 to 30feet; further, that the landscaping ,
be worked out with the City staff. Seconded by Councilwoman Kukowski. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
I�ERA1`ION OF REAPROVAL OF REAL ESTATE 10 ADDITION P.S. #76-11 (APPROVED DECEMB
MOTION by Councilman Schneider to reapprove Real Estate 10 Addition P.S. #76-11. Seconded
by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee tleclared the
motion carried unanimously.
CONSIDERATION OF REC
N.E., PRIOR TO APPR(
FOR BUILDING PERMIT
GODFATHER PIZZA, 7910 UNIVERSITY AVENUE
Mr. Sobiech stated Mr. Schroer has requested a building permit for a parcel of property
located on the northwest corner of University Avenue and 79th. He stated presently the
parcel of property is under one parcel number and before the City could issue a building
permit, it would be necessary to approve a plat.
Mr. Sobiech explained the extenuatin9 circumstance is that the presence of the roadway
creates three separate lots under one parcel number. He stated Mr. Schroer's request
at this time is approval of the buildin9 permit, with the stipulation that the plat be
processed for approval either prior to certification of occupancy or by September 15,
1977, whichever comes first. Mr. Sobiech stated another consideration would be the park
fee and when payment should be made
Mr. Schroer stated he would agree to pay the park fee at any time the Council wishes
Mr Sobiech felt it would be easier to collect the fee at the time the buildingpermit
was issued.
MOTION by Councilman Hamerm k to authorize the issuance of a building permit to
Mr. Schroer, with the stipulat�on that the plat be submitted prior to certificate of
occupancy or by Septem6er 15, 1977, whichever comes first and the park fee for this
particular section of the parcel be paid with the issuance of the building permit.
Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
CONSIDERATON OF APPROVAL OF LICENSES FOR TIRE CITY AT 5333 UNIVERSITY AVENUE N.E. AND
8355 EAST RIVER ROAD N.E.:
Mr. Herrick, City Attorney, stated the applicant has requested this item be tabled
as they are attempting to correct the problgn.
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MOTION by Councilman Fitzpatrick to table this item for two weeks; however, if the problem
is corrected, it will not be necessary to bring this �tem back to the Council. Seconded
by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unan�mously.
CONSIDERATION OF APPROVAL OF AN EASEMENT ENCROACHMENT AT 617D KERRY LANE N.E.
n� nnrvr ninnnininni.
Mr. Sobiech stated he did not see any problem with this nine-inch encroachment into
the drainage easement and recommended it be approved.
MOTION by Councilman Schneider to approve the encroachment. Seconded by Councilman
Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed
unammously.
CONSIDERATION OF FRI�LEY JAYCEES REOUESTS REGARDING STATE SOFTBALL TOURNAMENTS
Councilman Hamerntk noted they are requesting use of three parks, Commons, Locke, and
Madser.
Councilwoman Kukowski stated this is the same request they receive every year from the
Jaycees.
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REGULAR MEETING OF JUNE 6, 1977
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PAGE 10
Mr. Qureshi stated the Park Board suggested the Jaycees pay for the overtime necessary
in connection with these events.
MOTION by Councilwoman Kukowski to approve this request from the Jaycees and waive
the fees. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
'CONSIQERATION OF A CONTRACT FDR COMPUTER SERVICES (JOINT POWERS AGREEMENT BETWEEN THE
CITY OF ANOKA AND CITY OF FRIDLEY FOR LIQUOR PERPETUAL INVENTORY AND SALES ANALYSIS
Mr. Brunsell, City Clerk, stated he had been contacted by the City of Anoka and they
requested two items be added to the agreement. The first would 6e a 30-day termination
notice for either party and also a statement that at time of renewal or renegotiation,
rates are sub�ect to change.
Councilman Schneider questioned what would happen if they would terminate after a
30-day notice.
Mr. Brunsell stated there is no other place, at th�s time, that could provide this
service.
MOTION by Councilman Hamernik to authorize execution of the �oint powers agreement between
the City of Anoka and City of Fridley with the two amendments, as requested by the City
of Anoka. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously
RECONSIDERATION OF CLAIM OF MR. RONALD REINNARD REGARDING GUITAR:
Mr. Qureshi, City Manager, explained there were some statements made before the Council,
�at the time they authorized payment of the claim, which the City found were not true
and additional information was submitted to the City Council.
Mr. Qureshi stated, knowing the facts as they understand them, he would recommend denial
of the request for the claim.
MOTION by Councilwoman Kukowski to reconsider the claim and deny the request. Seconded
by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
RECESS:
A recess was called by Mayor Nee at 9:55 p.m.
RECONVENED:
The Council reconvened at 10:17 p.m.
REGARDING CODE OF ETHICS ORDINANCE FOR ELECTED OFFICIALS, APPOINTE� COMMISS
rC nnrrtnornc nn�n rnn i rvr� rrTV rnani nvrrr.
This item is to be discussed later in the meeting.
RESOLUTI�N NQ. 58-1477 - APPRaVTNG FINAL PLANS AND ADDING PROPOSED IMPR�VEMENT OF
STREETS AND EXISTING STREET IMPROVEMENT PROJECT ST. 1977-1 AND ST. 1977-2, ADDENDUM #2
�CHANGE ORDER #1 73z AVENUE E ST OF PINETREE LANE :
MOTION by Councilman Schneider to adopt Resolution No. 58-1977 Seconded by Council-
woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unan�mously.
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REGULAR MEETING OF JUNE 6, 1977
RESOLUTION N0. 56-1977 -'ORDERING PRELIMINARY PLANS. SPECIFICATI
AND ESTIMATES
PAGE 11
MOTION by Councilman Schneider to adopt Resolution No. 56-1977. Seconded by Councilman
Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
IDERA7I�N OF A RESOLUTIOfJ AUTHORIZIN6 TRANSFERS FROM THE PUBLIC UTILITY FUND. THE
h40TI0N by Councilwoman Kukowski to adopt this resolution. Seconded by Councilman
Hamernik.
Mayor Nee questioned the transfer of monies from another Special Assessment fund, or if
it could 6e transferred into the General Fund for other capital �mprovements.
Mr. Qureshi, City Manager, stated the staff would research this matter further and
report back to the Counc�l.
MOTION by Councilwoman Kukowski to table consideration of this resolution. Seconded
by Councilman Hamernik. Upon a votce vote all voting aye, Mayor Nee declared the motion
carried unanimously.
RESOLUTION N0. 57-1977 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS
MOTION by Councilman Hamernik to adopt Reso7ution No. 57-1977. Seconded by Counci7-
woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
APPOINTMENT - ENVIRONMENTAL QUALITY COMMISSION:
Mayor Nee requested the background information on persons interested in serving on
this Commission.
MOTION by Councilman Namernik to table for two weeks. Seconded by Counci7woman Kukowski.
Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously.
CLAIMS.
MOTION by Councilwoman Kukowski to authorize payment of Claims No. 136F22 through
152898. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
CONSI�ERATION OF LICENSING PINBALL MACHINES:
Councilwoman Kukowski stated she has had several complaints about the pinball machines
and requested a recommendation from staff on methods of controlling their use.
MOTION by Councilwoman Kukowski to request staff to report on methods of controlling
pinball machines in the City, Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
LICENSES:
MOTIDN by Councilman Schneider to approve the licenses as submitted and as on file in the
L�cense Clerk's Office. Seconded by Councilman Hamernik. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
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REGULAR MEETING OF JUNE 6, 1977
ESTIMATES:
Eugene A. Hickok and Associates, Inc.
545 Indian Mound
Wayzata, MN 55391
PARTIAL Estimate �2, Moore Lake Evaluation and
Restoration Study
Julian M. Johnson Construction
1229 Osborne Road
Sprin9 Lake Park, MN 55432
FINAL Estimate #,1, Sewer Repair Pro�ect #122
$ 1,641.00
$10,873.67
PAGE 12
MOTION by Counc�lman Hamer m k to approve the estimates as subm�tted. Seconded
by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
DISCUSSION REGARDING CODE OF ETHICS ORDINANCE FOR ELECTED OFFICIALS, APPOINTED COMMISSION
Co�ncilman Schneider submttted a proposed Code of Ethics Ordinance for the Council's
consideration. He reviewed the various sections of the ordinance with the Council and
discussion followed.
Councilman Fitzpatrick stated one of the things he wondered about was the degree of
interest. He was thinking in terms for instance that his retirement fund owns Perk�ns
Pancakes and at what point, does it becane pertinent.
Mayor Nee felt in some degree the proposed ordinance may conflict w�th the Charter,
as far as imposing some of these requirements on the City staff.
Counc�lman Schneider stated he raised these questions with the State and it was felt
there was no problem.
Councilman Hamernik stated the question that came to his mind is the cumbersomeness
of the ordinance. He stated he has no ob�ection whatsoever regarding the item of
public disclosure regarding financial holdings within the City of Fridley; however, when
it comes to listing, bonds, securities, etc., it becomes rather detailed.
Mr. Herrick, City Attorney, stated he and Councilman Schneider discussed this matter
and felt something should probably be added to the effect that it be a direct financial
interest and ownership of stock of less than a certain amount would not be considered
a financial interest.
Councilman Hamernik questioned the usefulness and workability of including this in an
ordinance. He felt the intent was fine, but if it is enacted, it should be something
people can readily live with and still perform the desired intent of the ordinance. He
felt holdings of local corporations could be included and probably not go much beyond
that.
Under Section 30.30, Item 4, regardtng material changes in financial interest, Councilman
Hamernik felt this would require disclosure every time, for instance, a trade was made
on the stock market.
Councilman Schneider felt there should be some latitude in this area.
Councilman Hamernik asked if some of the other ordinances Councilman Schneider
reviewed could be made available to the Council.
Councilman Schneider stated a number of the ordinances he reviewed required disclosure
only at the time of filing for office. He stated the Golden Valley ordinance was
probably the most comprehensive.
Mayor Nee felt the first portion regarding "Declaration of Policy" should be
eliminated.
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REGULAR MEETING OF �UNE 6, 1977
PAGE 13
Councilwoman Kukowsk� felt she would prefer something more general and didn't feel stocks,
bonds and securities should be listed. She felt the more details there are, the less
effecttve the ordinance would be.
Councilwoman Kukowski questioned what the City would do if a person fails to file a
disclosure.
Mr. Qureshi, City Manager, stated he has talked with several City Managers who have '
an ordinance of this type and their problem is getting Council persons to comply
with it in filing the reports.
Mr. Nick Garaffa, 6750 Monroe Street N.E., spoke in favor of such ordinance. He felt it
would help to eliminate p2ople's suspicions of government.
Mr. Tom Collins, Sun Newspapers, asked how the City would enforce such an ordinance.
Councilman Schneider felt it would be based on a person's honor.
Mr. Herrick, City Attorney, stated the ordinance does say that failure to comply is a
misdemeanor.
Mayor Nee also questioned Section 30,20, Item 2, and the right to bar a member of the
Council from voting. He felt this right could not be denied on the basis of an ordinance.
Mr. Herrick stated he felt the City has the authority to adopt such an ordinance, but
did not know if it was broader than the Charter or State Statutes. He felt there was
some language that was difficult to interpret and requested specific instruction from
the Counci7 as to what type ofchange should be made.
Mr. Herrick rev�ewed some of the questions which came to his mind. On page 2, Item 3,
regarding the "Definition of top level city employee," he questioned the wording "and
any city employee who organizationally reports directly to the City Manager." He was
concerned if other people other than department heads should make this report, or if this
language should 6e striken. Councilman Schneider stated he was concerned mainly with
department heads.
Mr. Qureshi, City Manager, suggested addtng "and other department heads or any other
persons designated by the City Managar." This would give the City Manager the authority
to designate other persons who wouid have to fiTe thts report.
Mr. Herrick questioned the definition of the term "while acting as such" under Section
30 2D, Item 1.
Councilman Schneider stated it is meant to imply wh�7e acting in an official capacity.
Mr. Herrick asked the Council if they wished to prevent a Commission or Councilmember
from participating once they have disclosed. He felt their comments can be �udged
once it is know they have a biased interest.
Councilman Fitzpatrick felt once a member has disclosed, he should be allowed to enter
into discussion, but would prefer not to have the member vote
Mr. Herr�ck stated he would research whether the majority of the Council has the authority
to not permit a member to vote in a matter �n which he has an interest. Mr. Herrick
also questianed the degree of relattonship under Section 30.20, Ite�n 1.
Councilman Fitzpatrick felt again it would be difficult to know. �
Under Section 30.20, Item 6, Mr Herrick interprets this that a Councilmember could not
appear before a Commission when some matter was being discussed by the Commission in
order to state his or her views, regardless of whether or not they have a financial
interest.
REGULAR MEETING DF �UNE 6, 1977
PAGE 14
Ccuncilman Fitzpatrick felt it is an obli9ation on the part of the Council to appear.
Gounctlman Schneider stated his intent of this portion of the ordinance was that a
Councilmember could not appear only when there is a financial interest on his part.
Under Section 30.3�, Sectionl, Mr. Herrick questioned the words "or at some location
within the City of Fridley." He interprets this to mean when there �s a contract that
�the City is con�emplating that the Council or Commission menber or top level employees
make it known they have an interest in that particular canpany, He felt from the practical
standpoint, it might be well to make a disclosure at the time the item comes 6efore the
Commission or Council. Under Section 30.30, Item la, Mr. Herrick questioned the words
"other than as a nominee."
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Councilman Schneider stated a nominee would conceivably be someone named in a will or
document to become a controlling party of a trust
Under Section 30.33, Item 2, Mr. Herrick stated he felt this should be included and
attorneys shouldn't 6e representing where there may be a conflict of interest.
Under Section 30.40, the words "or governmental agency and which is not engaged in the
ownership or conduct of such a business enterprise or governmental agency," Mr
Herrick questioned if these were necessary.
Counctlman Schneider felt this language could be eliminated.
Councilman Fitzpatrick stated the "Declaration of Policy" addresses itself directly
to what is the chtef purpose of having such an ordinance.
Mr. Herrick stated Section 30.01, Item 1"General Declaration of Polic�'could
probably be eliminated and begin with Item 2 under this Section.
Mr. Tom Collins, Sun Newspapers, felt the reference to the highest standards of
morality was ridiculous.
Mr. Herrtck is to review the ordinance and resubmlt it to Gouncil for thelr
cons�deration.
BINGO REPORTS:
Mayor Nee stated, after reviewing the bingo reports, he felt there are questions that
should be answered regarding expenses. He felt, unless they return a higher
percentage of receipts in the form of contributions, they shouldn't be licensed.
Mr. Nerrick suggested a form to 6e filled out with a deta�led explanation on how much
of the receipts is going towards community contributions. He felt if they are required
quarterly to itemize their contributions, there could be some checking on the City's
part.
Counc�lman Fitzpatr�ck felt there should be some form of recording which is understandable.
Mr. Herrick stated he would work with Mr. Brunsell, City Clerk, to draft a form.
LEVY LIMIT:
Mr. Brunsell stated the reason the matter of the levy limit is 6efore the Council is,
if they do not levy at least 98% of the limit this year, they cannot qualify for the
additional 10% taxing authority in the future; under present State law.
Councilman Fitzpatrick felt there would be a lot of cities in the same situation
There was no interest at this time on the part of the Council to take action regarding
the levy limit.
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REGULAR MEETING OF �UNE 6, 1977
ADJOURNMENT:
PAGE 15
MOTION by Councilwoman Kukowski to ad,7ourn the meeting. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously and the Regular Meeting of the Fridley City Council of June 6, 1977
ad,7ourned at 12�14 a.m.
Respectfully submitted,
' C��:o�—e��t. ��2.,CC�jLG�CL-�
Carole Haddad W-illiam J. Nee
Secretary to the City Counc�l Mayor
APPROVED. (/i /�-� C ,+" 7 %
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