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08/01/1977 - 00014428� ^�,. ,,; 7HE MINUTES OF THE REGULAR r�EETING OF THE FRIDLEY CITY COUNCIL OF AUGUST l, 1977 The Regular Meetin9 of the Fridiey City Councii of August i, 1977 was called to order at 7:40 P M by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee led the Council and audience �n the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMQERS ABSENT APPROUAL OF MINUTES: Counctlwoman Kukowski, Councilman Schneider, Mayor Nee, Councilman Hamerm k, and Councilman Fitzpatrick None PUBLIC HEARING MEEiING OF JULY 18, 1977: MQTION by Councilman Schneider to approve the m�nutes of the Pub7ic Hearing Meeting of July 18, 1977. Seconded 6y Councilwoman Kukowski Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGEN�A: Mayor Nee requested an item be added at the end of the agenda, that is, "Response to the Question Raised Regard�ng the Liquor Store Sign." Councilman Schneider requested the order of the two �tems under No. 5 6e reversed by "Receiving a Communication from the Charter Commission in Regard to Code of Ethics" and add�ng "Receiving the Juiy 19, 1977 Minutes of the Charier Commiss�on and a port�on of the July 19 Minutes of the Appeals Commission Re�arding This Item" and "Receiving Commum cation from �avid Berg of the Charter Commission." He requested °Consideration of First Reading of an Ordinance Establishing a Code of Ethics for City Officials" be considered after the other items were rece�vetl. MOTION by Councilman Schneider to Fitzpatrick. Upon a vo�ce vote, unanimously �JPEN FORUM, UISITORS adopt the agenda as amended. Seconded by Councilman all voting aye, Mayor Nee declared the motion carried There was no response from the audience on this item. OLD BUSINESS. ORDINANCE N0. 658 - FOR STREET AND ALLEY UACATION SAV SIDE OF ON -05, CITY OF MOTION by Councilman Schneider to waive the second reading of Ordinance No. 658 and adopt it on the second reading and pub7ish. Seconded by Counc�lwoman Kukowski. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unan�mously. - FOR STREET AND ALLEY VACATION SAV #77-04. FRIDLEY UNITED MOTIDN by Counc�lman Schneider to waive the second read�ng of Ordinance No. 659 and adopt it on the second reading and publish. Seconded by Councilman Hamern�k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously Mayor Nee asked if there was anyone present this evening who wished to comment regarding this �tem. There was no response from the aud7ence. , ' i , �� �, ,�� REGl1LA,R MEETING OF AUGUST 1, 1977 PAGE 2 MOTION by Councilmcn l;amernik to oaaive the second rr-_adir�g of i,rdinance No. ti50 and ado�t it on the secon�i reading and j�ublisr �eccr�ded by Cawiciimar Fitz�zi,r�ck. Cou�cilmar� Sc��iei�:er in�icat�d he was scmeNrhat �1�s�ur��d at the �crc�ntaye o� increa,es, �arttcuiarly �vher� ti�ere is enteri,a�nrn�nt. Ile quest�or�ed if the City bears substantiaily iiigir�r c�sts where eriter�ai�zment is uro,+�d�d. �Mr. Brunsell, Ctty Clerk, stated he believed the costs for police enforcement are higher ror establ is�hnvt�ts that ��i°ovi.le a��ii.crCa�r�mPni Hc felt ti�e f:fst way to show i.h�s wuuld simuly be a iog oi the poiice calls for the estaLi�shments. Councilman Schr��idrr suqeested perhars t��is s;�ouaZ be ciieckea in the nex�, year tc determine if t6�ere is a carrelatir�n. Mayor Ne� questior�ed [ncvr tize fee v�ould �e col7ected for ihe banqGei facii �tirs. Mr, Er-unseil �e�t last y�ar'� �°ecords could be used in �eterm-,n�ng the fer-_ for �he banquet �arilities. Mr. Herric!�, City Pttnrney, thnught rer{iaps 'r,6,e `�rs�, year this is implcment�d, the C�ty might have to ta!�e i:E�e ward oF the manaaement as to how much the banquet facilities have been used in the past, and then to have some documentat�on for the follcwing �+ears. Mayor Nee stated, if they pres�;�tiy do nat use 1;he harqUe�, facilities more thar� five times per week and the use increases, it would have an effect on the next year's license. Councilwoman Kukowski suggested sending a notice to the establisfinants rega�^d�ny what their new fee would be next year. UPON A UOICE UOTE TAKEN ON THE f�Qi �ON, all votetl aye, ao�� Mayor ryee declar�d t�i� �motion carried unanimously. DISCUS�IOf� WiTH Tf'�E RiCE CRCEK WATERSI-IE^ �IS;^IC; RCGARDIPlG irar�ov�MEr!T �r- �cr�:E LAKE: Mr. Sobiech, Public Works Director, explained representatives of the R�ra Cr�ek Watershed �tstrict were present this evening to submit additional information regaruing thc� iripro��ement of Locke l_aF.F. He statc�, at th� pre✓ious mee7�ng, there was discussion regarding how an assessment m�ght Ee spr•ead ir ordcfi� to gi��e residents an idea of what to expect regarding costs for the improvement. Mr. Petrangelo, Anoka County's Representative to the Rice Creek Watershed Dist4��ct, introduced Mr. Bob Hamilton, Presldent of the Watershed District and Mr. John McLerirsan, Eng�i�eer far the �istrict Mr, Petrangelc st�ted the Coun��i requ�sted t!�r_ L;atersheu Ci=i.rict to ceme back w�th s��e �allnark fiq��res �or the improvemeni. of L�?cke I_ake. 6!e st,ated the cost figure in restore Lcck� !_aRe tu its original �ondition ��,culd be ahout �7_76,000. The 3oard of P-?a;�ager�s o� tl�r-_ W,�ters!�eJ D�s�rirt `�lt, 1n no s�ay, r�ould the hoomer�vm��°s accept this cr,;t. '!e s�atz�1 they tfie�z req�,este�" tfi�ir engin�er�rg firm to taKe another look at the problem which resulted in an alternate proposal. Ne scated this proposal reduces the costs substantially, however, the lake would be somewhat smaller ;n �rdc�r to e�me u�a with a les> ex��ns�ve mrthod �f reaa�i°iny the �a��e. �Mr. �c�� Nainil�on, Fr�sidP��u ef ±he R��e C���ek Ih"ate��,heJ Distr�cr, review��a t"e :tate statutes deal2r�g �n+iti� thF '•!aicrs4�ed's a�i1 i�.p ±o assess trie costs f�r- this imprcv�menf.. He stated degree of beneftt must be looked at and the statutes state direct benefits include rr,�-e�ai.io�,. Me not.ed,� b�ecause�Loc,ke Lake ,as pu6lic water iAll�� i1dS �Ub1lC dCD°_SS. tcrP ��YIE'Pd� ,`�iLlb�iC� d5 d YihO�P. iS �?:C7!`Ct�� t0 �'E'n`'1� H0 dliC 19�C+i.�'C, di.i f,�t'�iliiR t0 'Cil2 Stdt'_Ii.FS n�h'�Se l^ffiCt I^PCeIV� bFf1Ei 7 � d'f�? �� � 1,fle general pu61:c, (?_) pro�;ert_; owcers v�h�; ccntrlt�ate sedimentar�on, (3) Git}� n� ` �4'r, � REGULAR MEETING OF AUGUST l, 1977 PAGE 3 Fridley which benefits by the improvement of lands within its boundaries; and (4) the ra�lroad and utility companies who con±r�bute sedimentation to the lake. He stated the entire costs should not be placed on the Locke Lake property owners, however, all do not en,7oy or benefit equally from the lake. He indicated the degree of 6enefit is sub,7ect to the determination of the Watershed District. He expla�ned the total estimated cost for the improvement is $111,500 and an example was submltted of how this assessment cost might be spread on the benefitted properties. Mr McLennan, Engineer for the Rice Creek Watershed District, then reviewed the ' proposal for the improvement. It was proposed to increase the depth of materials alon9 the railroad tracts and the depths along the south shore of the lake and to open up the dam, to let the water drain out, during the construction period. Mr. McLennan felt, by moving the materials and working in a dry lake bed, the savings would be substantial. He reviewed the proposal for a gab�on wall with a filter, to act as erosion protection. Mr. McLennan then reviewed the estimated costs and what steps would have to be taken for the improvement. He also reviewed the proposed method of assessment which would result in about 15% of the costs borne by the lakeshore property owners, 20% of the costs borne by the ma,7or erosion contributors, 50% of the costs from contributors of sediment through the storm system and about 15% of the costs borne by the City of Fridley. Mr Petrangelo stated the tc�tu[ acreage is 7,000 acres, however, this does go to the outfall of Long Lake in �iew Brighton or about 11 square miles. He indicated the lake would be about tevo acres smaller with this �mprovement. Mr. Herrick, C�ty Attorne,y, questtoned what cities are considered under the 2,39D acres of minor contri6utors. Mr. McLennan stated they would be Spr�ng Lake Park, New Brighton, and Fridley. Mr. Bert W�lm, 211 Rice Creek Terrace, felt the silt is also damaging Rice Creek and felt �mprovement of the creek should be looked into. Mr Petrangelo questioned what Mr. Wilm meant by improv�ng Rice Creek. Mr. W�lm � stated the removal of the silt. Mr. Petrangelo stated it is imposs�ble to remove the silt as the scope of the problem is greater than Locke Lake �tself. Mr. Wilm felt if the dam was removed, Rice Creek would be 6ack to where it was 6efore the dam was constructed. Me. McLennan felt, at the point where Mr. Wilm is located, the sediment would not be removed regardless if the dam was there or not. A gentleman located east of Mr. Wilm stated the lake does affect the creek in this area. Mr, Dick Schillinger, 240 Rice Creek Boulevard N.E., stated he lives directly east of the viaduct and that the channel in back of his home has entirely filled in. He showed snapshots of his back yard taken in 1968, 1973, and this evening, in order to show how the creek has been filled. He stated, �n 1968 you could clearly see the water level and now trees have grown. He agreed the problem �s not only Locke Lake, but with the creek. He stated there previously were three channels into the lake and now there is only one as the other two have f�lled in completely. He stated he would like to see something done about th�s area at least up to Un�versity Avenue. Mr. Bob Hamilton indicated they were talking this evening only about the portion from the railroad tracl<s west. Mr. McLennan felt possibly some of the area to the east could be considered, but it would have to be studied. He indicated there , �s no question that Locke Lake does go a little way to the east of the tracks. Ms Sharon Bakke, Pres�dent of the Locke Lake Association, quest�oned how long this improvement would take. Mr McLennan felt it would be too early to determine at this time. He felt, if construction �s started, he hoped the heavy construction activity could be done quite quickly, with possibly the replatting done next season. Ms. Bakke stated the City would benefit a6out 15%; however, she felt there would be more park area wh�ch in turn, would benefit the citizens of Fridley. Mr. McLennan stated, at this point, it is not accessi6le. Ms. Bakke asked how long it would take for this s�lt to bu�ld up again. Mr. McLennan stated, part of the ,7ob, would REGULAR MEETING OF AUGUST 1, 1977 PAGE 4 be to undercut the sedimentation basin, Excavation would be done below the old bottom in order to provide room for the deposits of sedimenta�on so it would be some years before there would be any sedimentation of the lake at all He indicated, eventually, the lake will fill up again with sed�ment, however, he felt there would be less erosion, which contributes to the sediment in the lake, beca�ase of better controls. �Mr. McLennan pointed out this is a preliminary discussion for the improvement and many persons will have to be contacted regarding the plans, if the improvement proceeds. Mr, E, Gruenberg, 6963 Hickory Circle N.E., asked if consideration was given to putting the material from the lake on the other side of the railroad tracks Mr. McLennan indicated it would be hard to get through the sanitary sewer crosstng and there really isn't that much property in this area. Another gentleman questioned how much of the lake would be excavated. Mr. McLennan stated they would probe the bottom to find the sediment deposits. Ne indicated much of the lake has not been filled with sediment deposits. A gentleman from the audience felt the Locke Lake Associat�on has done a lot to get things going, but felt only a portion of the problem was addressed. He noted the persons east of the railroad tracks were not members of the Associat�on, and there is no question that Locke Lake runs east of the tracks. He asked consideration be given to that portion between University and the tracks. He indicated they have different problems than those persons upstream, who have erosion, but he indicated he has the problem with the silt and water not moving, the same as the residents on Locke Lake. He also stated there is a park east of the tracks that has access and felt maybe the fill should go there. Dr. Erke�, 557 Rice Creek Terrace, felt the only way to take care of the problem �is by installing a lift dam. Mr. McLennan indicated he ser�ously quest�oned if it would do any good, He stated they are contemplating the present dam would permit homeowners to open it up at any time. Mr. Wilm questioned if it would be feasible for the Watershed oistrict to lower the dam as much as possible to see how much sediment would flow out. Mr McLennan stated you are then taktng sedtment and putting it into the Mississippi River. Mr. Glen Hambleton, 260 R�ce Creek Boulevard N.E., indicated he would like to encourage consideration be g�ven in improving the creek between the railroad tracks and Universtty. Mr. �Zm Stetlen, Attorney representing Mr. Don Schultz, requested that the entire cost not be put on the lakeshore owners. He indicated the improvement does benefit others than just the lakeshore owners. He stated the ma�or benefits are not to the lakeshore owners as some of them have actually suffered damage to their properties He stated he supported the general philosophy regarding the method of assessment. Mayor Nee potnted out the assessing authority would be the Rice Creek Watershed District and not the Council. Counc�lman Hamernik questioned the proposed method of assessing in relation to the various classifications in determining the total assessment. Ms Bakke stated, therefore, the lakeshore owners could also be getting a triple �dosage since, by the proposed assessing method, they may also be assessed under the City of Fridley and as a contributing cause. Mr. McLennan stated, for example, if it is determined you are a lakeshore owner, and contrtbuting sediment, and in the City of Fridley, all of these ttems would apply in the assessment Mr. Nick Garaffa, 6750 Monroe Street N.E., felt part of the interpretation as to how to assess the general pu6lic was due to the fact the City has a pseudo park He questioned, if access was provided to that area and maintained by the City, could more of the overall pro�ect be assessed to the general public. Mr. McLennan stated the Watershed �istrict is looking at this pro�ect with the intention of getting the sedimentation out of the lake, which doesn't include putting in a bridge or any park improvements. � /P i� � 1_-s' REGULAR MEETING DF AUGUST l, 1977 PAGE 5 Ms. Bakke stated, when the Association started this procedure, people around Rice Creek were asked to ,7oin them; hnwever, only two people who lived along the creek came to the meet�nq She feels this is why the improvement is mainly centered on the problem around Locke Lake. She stated a week from this coming Wednesday, there will be a meeting of the Locke Lake Association at the Library at 7:30 p.m, to discuss this matter and she invited all tnterested persons to attend. Mayor Nee reauested, by a show of hands, how many persons attending the meeting ' lived on Locke Lake. Fourteen actually lived on the lake; three persons were from east of the tracks; and five persons lived along Rice Creek. A gentleman in the audience stated he has deep resentment to have to be somewhere at a certain time to orotect his homestead on which he is paying $2,OQ0 �n taxes. Mr. Bob Hanse, 601 Rice Creek Terrace, stated the engineers admitted this would be a problem that will re-occur He felt thts is strictly a private interest affair for persons on Locke Lake and stated he is against it. Mr. and Mrs. Carlson, 1399 66th Street N.E., made reference to the steep bank in back of their property which is approximately 40 feet from the top of the bank to the water level He stated, however, from the plat he f�nds, it appears he is only about six feet from the creek. He suggested why not put a dam alono Central Avenue so he could have a lake in his back yard Ms. Bakke stated she wished to thank the �•latershed District for their work on thts proposal Mr Petrangelo stated the problem should be addressed 6y the citizens of Fridley and felt feedback should be submitted from the Locke Lake Association and other interested residents. He indicated he was disappointed more residents on the creek were not in attendance at this meeting. Ms. Virginia Heffner, 580 Rice Creek Terrace N.E , questioned if this would be put , to a referendum. Mr. Petrangelo stated they would proceed throueh the public hearing process, provided they received a petition from the Council. Ms. Betty Carlson, 568 Rice Creek Terrace N.E , felt there are a lot of people who are not aware of what is going on. She stated she was advised of the meeting because her neighbor across the street received a notice. A gentleman who lives on Locke Lake felt, if he wasn't on thelake, he wouldn't like to pay for someone else's problem. He asked if revenue from the General Fund couldn't be used for this The Council advised that revenues from the General Fund were from taxes from the entire City. Mr. Nick Garaffa, 6750 Monroe Street N.E., spoke in favor of the project. He felt the figure of $2.30 would be worth tC for the general publ�c. Mr. Herrick stated, speaking as a resident along the creek, it seems a good portion of the problem ts that there is dtscussion about a segment of a problem and, logically, the total problem can be 6roken up into (1) Locke Lake, (2) Rice Creek from Locke Lake to University; and (3) Rice Creek from University to the New Brighton limits He stated he has no ob,7ection to the proposed assessment formula or for paying for Locke Lake, but would feel 6etter if he knew what the City and Watershed District is going to do about the other segments of the problem. He indicated he did not see the reverse happening where the property owners downstream wou7d pay for improvements to Rice Creek from University to Plew Brighton. He felt if the � residents knew what the plann�ng was for the other seaments of the creek, tt may be easter to commit themselves to this improvement. Mr McLennan stated, if there was an improvement for preventing erosion on Rice Creek and any tax or assessment is levied, it would, by logic, have to include the Locke Lake area because erosion from Rice Creek would be prevented and; therefore, not contribute to the sediment in Locke Lake. S A REGULAR MEETING OF AUGUST 1, 1977 PAGE 6 Councilman Fitzpatrick felt the Association, the general public, and the Council have all faced a new proposal and costs and method of assessing these costs have to be studied. Councilman Hamernik questioned if persons living east of the railroad tracks had any other comments. 'A gentleman from the audience stated they aren't organized, but they will have feedback to the Council. He stated he will contact persons in h�s area regarding the meeting of the Locke Lake Association. Mr. Roger Wilson, who lives on Locke Lake, stated the lake is used as a settling pond. He pointed out the Army Corps of Engineers dredges the Mississippi and all taxpayers pay for this even though a lot of this sedimentation comes from farther north. Mayor Nee stated at the last meeting on this item, he paraphrased a letter from Ms. 6jorklund. Ne had stated she concurred with the expression tn another letter which was to make it a golf course and that wasn't correct. Mayor Nee then read the letter from Ms. Bjorklund which, in essence, indtcated her objection to the �mprovement if it was financed by a City-wide assessment; but if it was assessed on an area basis, she did not ob�ect. Mayor Nee thanked the members of the Rice Creek Watershed �istrict and their engineer, Mr. McLennan for presenting the proposal this evening. He asked they review the requests made this eve m ng from several residents for improvement from Locke Lake east to the tracks. It was agreed this item would again be placed on the Council's agenda for August 15, 1977 to receive input from the Locke Lake Association, as well as any other residents who may wish to comment regarding the proposal for improvement. �MOTION by Counct7man Fitzpatrick to close the discussion. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: Recess called by Mayor Nee at 9:55 P.M. RECONVENED: Mayor Nee reconvened the meeting at 1D�1� P.M. All Councilmembers were present. MOTION by Councilman Fitzpatrick to consider Item 8 on the agenda, as several persons were in attendance regarding this variance application. Seconded by Counc�l- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF vARIANCE OF THE INTERIM DEVELOPMENT REGULATIONS FOR THE MISSISSIPPI RIUER CORRIDOR CRITICAL AREA; 7776 ALDEN WAY N.E.. RICHARD H NETZ APPEALS CDMMISSION Mr. Sobiech, Public Works Director, explained this is a request for a var�ance to the Inter�m Development Rules and Regulations for the Mississippi River Corridor Critical Area, to reduce the requirement of 100 feet from the normal highwater mark of the river to 60 feet to allow construction of a dwelling and garage on Lot 13, �except the southerly 25 feet thereof, Block 4, Pearson's Craigway Estates, 2nd Addition. Mr. Sobiech stated the local unit of government may grant a variance from the strict compliance of the setback of the interim regulations, after a hearing is conducted, and may 6e granted only after the following findings are made: l. The strict enforcement of the setback or height restrictions will result in unnecessary hardship. Mr. Sobiech explained, �f the variance is not granted, the property owner will not be able to build on this lot. 2. There are exceptional circumstances unique to the property that were not created by a landowner after April 25, 7975. �C�n l __ REGULAR MEETING OF AUGUST l, 1977 PAGE 7 Mr. Sobiech explained, if the applicant had purchased the lot and developed it before April 25, 1975, he would not have had to apply for a variance. 3. The dimension variance does not allow any use that is not a compatible use in the land use district in which the property is located. Mr. Sobiech explained this would be a residential use and the zoning is proper. 4. The dimension variance will not alter the essential character of the locality as established by these Interim Development Regulations. Mr. Sobiech stated this variance would not be a variance that will hamper the rules of the Interim �evelopment Regulations. 5. The dimension variance will not be contrary to the Order. Mr. Sobiech indicated this variance will not be contrary. Mr. Sobiech pointed out, it was discussed in length at the Appeals Commission meeting, that this property is difficult to build on. He stated the owner is aware of the problems associated with this lot and, therefore, any erosion problems in the future will have to be dealt with by the property owner. Mr. Sobiech stated the flood level is 822 and the proposed footing elevation will be 824. Mr. Netz exp7ained the house will probably be built with footings at 824, with a three-story configuration from the back and a 1z-story configuration from the street. He explained his plan for terractng the lot in order to hold the slopes. Mayor Nee questioned Mr Netz if he was will�ng to live with all the possible disasters pointed out in the Appeals Commission minutes. ' Mr. Netz stated he doesn't think he will have any problems. He stated he is bu�lding , a$100,000 house and doesn`t intend to see it slide away and felt the landscaping and terracing will take care of the problem. Mr. Netz felt, by developing the lot, there would be less earth into the river, than by leaving it vacant. Councilman Fitzpatrick felt they had to take the advice from the City administration that the lot is buildable Mr. Sobiech felt that proper construction methods will have to be followed, the property owner must maintain the slopes, and acquire permits from the DNR and Corps of Engineers. Councilman Fitzpatrickfelt these stipulations are already prov�ded for in the buildin9 regulations Mr. Sobiech felt the stipulation the Council may wish to state is that Mr. Netz is responsible for the erosion control. Councilman Schneider stated he was concerned about a future liability with the City, regardless of ownership, if erosion occurs. Mr. Herrick, City Attorney, felt this could be handled in the manner of putting a stipulation to the var�ance regarding erosion. Mr. Qureshi, City Manager, felt, tn this particular situation, the property owner should provide a substantial type of retai m ng structure for protection of the property. He felt the standards of 822 might be too low and possibly they could be affected by a flood. MOTION by Caunci7man Fitzpatrick to grant the variance of the Interim �evelopment Regulations for the Mississ�ppi River Corridor Critical Area, as requested by Mr. Netz, and outlined on Page H of the agenda book, with the stipulation that the property owner understands that it is his responsibility to prevent erosion from his property into the creek and river. Seconded by Councilman Hamernik. Mr. Alex Barna, 560 Hugo Street N E., stated he was speaking as a member of the public and not as a member of the Appeals Commission. He pointed out the purpose of the Interim Development Regulations and questioned if the Council had considered (i) erosion, (2) the fact that the house will be build over the bluffT�ne, (3) the � s —' ) REGULAR MEETING OF AUGUST 1, 1977 PAGE 8 retaining wall, which he felt, d�dn't add natural or aesthetic value, (4) that the property is lower, from erosion, than shown on the past survey, and (5) the fact that by permitting construction of another house, he fe7t didn't preserve the ecological functions of the corridor. He further stated they were assured the property to the south had all the proper engineering done and in oneheavy rainstorm, all the pre-cautions went down the river. He felt the Army Corps of Engineers should make a determination if this lot is buildable �UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RECEIVING COMMUNICATION FROM THE CHARTER COMMTSSION IN REGARD TO CODE OF ETHICS AND RECEIVING THE JULY 19, 1977, MINUTES OF THE CHARTER COMMISSION AND A PORTION OF RECEIUING COMMUNICATION FROM �RVID BERG Of THE CHARTER COMMISSION CONSI�ERATION OF FIRST READING OF AN ORDINANCE ESTABLISHING A CODE OF ETHICS FOR CTTY QFFICIALS. MOTION by Councilwoman Kukowski to receive the commu m cation dated July 27, 1977, from the Charter Commission. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counc�lman Schneider to receive the July 19, 1977 minutes of the Charter Corr�nission and a portion of the July 19, 1977 minutes of the Appeals Commission regarding the Code of Eth�cs Ordinance. Seconded by Councilwoman Kukowski. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried una m mously �MOTION by Councilwoman Kukowski to receive the communication dated July 19, 1977 from �avid Berg of the Charter Commission. Seconded by Councilman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to waive the reading and approve the ord�nance establishing a code of ethics for City officials upon first reading with the following amendments: Section 30.01, Subdivis�on 3- End the sentence after the word "spouse" in the last l�ne, thereby elim�natrng the words "children, mother or father:" and adding the following: "It shall also apply to any real or personal properties owned ,7ointly in any manner or percenta9e by said person or said person's spouse." Section 30.10, insert after colon(:) Planning Commission, Communtty Development Commission, Appeals Conum ssion, Cable Television Commiss�on, Park and Recreation Commission, Environmental Quality Commission, Human Resources Commission,and Housing and Redevelopment Authority. It shall not apply to any member of a pro,7ect committee unless said individual is also a member of one of the bodies �ndicated in this Section 30.10. Councilman Hamerm k felt the last sentence was repetitious, since if this did not apply to a pro,7ect committee, the other Commission members would be covered in the previous sentence. The Counc�l then agreed to eliminate the sentence "It shall not apply to any ,member of a pro,7ect committee unless said individual is also a member of one of the 6odies indicated in this Section 30.10." Sect�on 30 30, Subdivision 1(4), lines 3-5: On line 3, add the words "he or she knows" after the word "which." On l�ne 4, chan e the word "has" to "having." On line 5, eliminate the words "of more than 10 percent of the controlling interest of" and add the word "in" at the end of this line. Section 30.32, Subdivision 1, line 4• Add the words "as a pu6lic record" after the word "file." /��_ �a � _ �_, REGULAR MEETING OF AUGUST l, 1977 PAGE 9 Section 30.32, Subdivison 1{3), lines 3-5; On line 3, add the words "he or she knows" after the word "which." On line 4, change the word "has" to "having." On line 5, eliminate the words "of more than 10 percent of the controlling interest of" and add the word "in" at the end of th�s line. Section 30.33, Subd�vision 1, line 2: Add the words "as a public record" after the word "file." SECONDED by Councilwoman Kukowski. Councilman Hamernik questioned the enforcement of this ordinance. He fe]t by some of the wording, they are leaving loopholes and probably making it very difficult to enforce. He stated the Planning Commission had a very lengthy discussion regarding this matter at their meeting. MOTTON by Councilman Hamern�k to table the first reading of th�s ord7nance unt�l the proceedings from the Plam m �9 Commission are obtained for their input. Motion failed for lack of a second. Councilman Schneider stated all commissions received a notice regarding this ordrnance and doesn't particularly feel they have a problem as far as commission mem6ers know�ng about it. He indicated this would be a first reading and if there are additional comments, they would be received before the second reading. ' Councilman Schneider stated the Appeals Commission voted unanimously to concur and the letter from David Ber9 concurs, basically, with the ordinance He indicated in the letter received from the Charter Commission, the primary ob,7ection is that the ord7nance should be a part of the Charter. He stated he would encourage the Charter Commission to go ahead and add some provision to the Charter to cover this *(See bottom of page for paragraph added when im nutes adopted at meeting of August 15, 1977) Councilman Schneider stated at least four mem6ers of the Council should be aware that , a code of ethics ordinance is supported by the �emocratic Party for openness in government. Enforcement, he felt, would be difficult as are many other City ordinances. Counctlman Hamernik stated he felt he made his position very clear-he is not trying to h�de anything. He indicated his ob,7ections are due �o tne unworkability and cumbersomeness of the ordinance which, in his opinion, could 6e handled in a more stmple fashion and obtain the same results He stated he disagreed with the comment that the letter from the Charter Commission had only one ma,7or point. He reads the letter as contaim ng saven ma,7or points, aside from saying that it should be handled by the Charter Commission. He indicated he would like the input from the Planning Commiss�on as they held their meeting prtor to the deadline of August 1, and felt, in all fairness, their comments should be heard. He questioned the rush to adopt the ordinance and why it couldn't be tabled for two weeks. Councilman Fitzpatrick felt the motion was for the first reading and they w�ll have time to receive input from the Planning Commission before the second reading. Councilman Fitzpatr�ck stated he agreed with Councilman Hamernik and Councilman Schneider that this admittedly would be a difficult ordinance to enforce. Councilwoman Kukowski stated she agreed with Councilman Fitzpatrick's comment that it is important to receive input from the Commission; however, this information would be received 6efore the second reading. Mayor Nee stated he recalled the letter to the Commission mem6ers was to receive comments, not as a Commission as a whole, but individual members' comments. , Councilman Fitzpatrick indicated he hadn't discussed the Charter Commission letter, but felt there is time to consider any input that hasn't yet been received. Councilman Hamernik stated, as he recalled the letter subm�tied to the Commissions, gave them the option of either individual comments or comments from the Corram ssion as a whole. * Councilman Schneider further stated that he felt that two months of detail discussion on this ordinance was enough and that it was time now to act on it. He said that votin� should be s�mple--if a Councilmember was for open, honest government and not trying to hide anything, that member should vote for the ordinance. If, on the other hand, there is a fear of openness, or members want to hlde something, these members should vote against the ordinance. V REGULAR MEETING OF AUGUST 1, 1977 PAGE 10 Councilman Fitzpatrick stated the discussion, as he recalled it, was probably to avoid requesting formal action on the part of the Commission regarding the proposed ordinance. Mr. Herrlck, Gity Attorney, indicated he has a problem with the interpretatlon of the proposed additional sentence under Section 30.01, Subdivision 3 which refers to perce�tages, since 5% is spelled out at the beginning of Subdivision 3. He felt 1 it should be thought through as to how this add�tion affects the ordinance. He stated considerable time was spent in getting the ordinance consistent and feels, as this sentence now stands, it creates a problem He felt either this sentence or the reference to the 5% limit would have to be amended. MOTION by Councilman Schneider to amend the ordinance by eliminating the sentence under Section 30.01, Subdivision 3 which reads as follows "It shall also apply to any real or personal properties owned jointly in any manner or percentage by sa�d person or sa�d person's spouse." Seconded 6y Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, Councilman Schneider, Councilwoman Kukowski, Mayor Nee, and Counctlman Fitzpatrick voted aye Councilman Hamernik voted nay. Mayor Nee declared the motion carried by a 4 to 1 vote Councilwoman Kukowski indicated she was pleased the Charter Commission held a special meeting for this item. Councilman Schneider concurred w�th her comments and was happy the Commission took the effort to revtew this matter NEW BUSINESS DISCUSSION REGARDING 1978 PROPOSED BUDGET: MOTIDN by Counc�lwoman Kukowski to receive the 1978 proposed budget. Seconded by �Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, explained a public notice was pu6lished in the paper which indicates the estimated revenues and proposed appropriations for the various City departments. He stated this item will be on the Council's a9enda for a Conference Meetrng and a public hearing will be held before the budget is adopted. he explained the budget levy must be sent to the County by October 10 MOTION by Councilwoman Kukowski to set the public hearing on the budget for the Public Hearing Meeting in September Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Kukowski to send a copy of the proposed budget to the Anoka County Library. Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. IDN OF F Mr. Brunsell, City Clerk, stated the City has been experiencing certain problems with the utility customers not returning their water meter reading card. He stated the present ordinance provides for a 50 cent penalty for not returning these cards. This ordinance proposes to raise the penalty from 50 cents to $1 to perhaps encourage the customers to return the cards. Councilman Hamernik felt this change does not address the problem He felt the problem is with the persons who don't turn their cards in every quarter, and not with the person who may be a few days or a week late returm ng the card. He felt if the real problem is trying to get the person who takes three months to get the card back, it should be handled separately. Councilman Fitzpatrick felt by raising the penalty, it may bring it to their attention. MOTION by Councilman F�tzpatrick to waive the reading and approve the ordinance upon its first reading. Motion failed for lack of a second. Councilwoman Kukowski stated she would be in favor of administration drawing up another ordinance more in line with Coon Rapids' proposal, rather than seemingly attacking all the residents She stated she was against anything that appears to be a 6lanket charge. -�i <' � REGULAR MEETING OF AUGUST 1, 1977 PAGE 11 Counc�lman Fitzpatrick indicated he has no ob�ection to the other approach as he felt they were also deal�ng with two different things. Councilman Schneider tndicated one thing that disturbed him about the meter cards is ihat it says to return this card immediately, and questioned if there couTd be a date when it should be returned. Mr. Brunsell stated, he believed, there was a date when the card should be returned It was fe]t the staff should re-draft the ord�nance, based on the comments made. MOTION by Councilman Fitzpatrick to refer the ordinance back to administration for revision and to be brought back at their discretion. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously ION N0. 73-1977 - BRING ALL CDUNTIES MOTION by Councilman Hamernik to adopt Resolution No. 73-1977. Seconded by Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. IDN N0. 74-1977 - REQUESTING RELEASE TO THE CITY OF FRIDLEY OF THE $150,000 MOTION by Councilwoman Kukowski to adopt Resolution No. 74-1977. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mation carr�ed unanimously. LICENSES MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ESTIMATES: E A. Hickok & Associates, Inc. 545 Indian Mound Wayzata, MN 55391 PARTIAL Estimate #�3 Moore Lake Evaluation and Restoration Pro,7ect $2,280.61 MOTION by Councilman Schneider to approve the estimates as submitted. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously CLAIMS: MOTION by Councilwoman Kukowski to authorize payment of Claims No. 200531 through 204874. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. LIQUOR STORE SIGN: MOTION by Councilman Fitzpatrick to change the sign to eliminate the blinking lights Seconded by Councilwoman Kukowski Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � , REGULAR MEETING OF AUGUST 1, 1977 FUNERAL - COLUMBIA HEIGHTS POLICE OFFICER PAGE 12 Mayor Nee questioned what the City was doing in regard to the funeral for the Columbia Heights police officer. Mr. Quresh� expla�ned Fridley will be providing full coverage for Columbza He�ghts during the funeral time. , A�JOURNMENT MOTION by Councilwoman Kukowski to ad�ourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unam mously and the Regular Meeting of the Fridley City Council of August l, 1977 ad�ourned at 11•40 p.m. Respectfully submitted, � , � i ��, -�� �v �� �c�;,('! ,� Carole Haddad William J. Nee Secretary to the City Council Mayor Approved :__����'� �_ � � �'l