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04/09/2001 - 4741OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING APRIL 9, 2001 � , � FRIDLEY CITY COIINCIL MEETING '�� � a� ATTENDENCE SHEET Ma �.da y, A�tc,i.e 9, 2 0'O 1 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER "�� T � /� � �/��� � %�S �/�e.-�%� 3 � yl s !�'�.� �p � �� , � � CITY COUNCIL MEETING OF APRIL 9, 2001 CRY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require au�ciliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. Board of Review. BOARD OF REV/EW MEETING C/TY COUNC/L MEET/NG APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 26, 2001 OLD BUSINESS: 1. Second Reading of an Ordinance Amending w Chapter 7 of the Fridley City Charter Pertaining to Taxation and Finances ............................................................ 1- 3 FRIDLEY CITY COUNCIL MEETING OF APRIL 9, 2001 PAGE 2 NEW BUSINESS: 2. Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: Street Improvement Project No. ST. 2001 — 1 ................................................................................................. 4- 6 3. Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use............................................................................................................... 7 - 9 4. Resolution in Suppo�t of an Application for a Minnesota Lawful Gambling Premise Permit for Spring Lake Park Lions Club (Sandee's Restaurant, 6490 Central Avenue N.E.) (Ward 2) ........................................................................................................ 10 - 11 5. Appointment — City Employee ...................................................................... 12 6. Claims ........................................................................................................... 13 7. Licenses _ ....................................................................................................... 14 30 . 8. Estimates ...................................................................................................... 31 -. � � I" , � FRIDLEY CITY COUNCIL MEETING OF APRIL 9, 2001 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. , PUBLIC HEARING: 9. Consider Modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 9 to Reflect a Reduction of the Geographic Area of the District .......................................................................... 32 - 35 NEW BUSINESS: 10. Informal Status Report ....................................................................................... 36 ADJOURN. 0 u �9 r FRIDLEY CITY COUNCIL MEETING OFAPRIL 9, 2001 ��l��"/� ' � � . �.,.�_ The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE QF ALLEGIANCE. BOARD OF REVIEW MEETlNG � ��� �Q.,P�/\ !y � % �- � [�;v� i-; ✓��.�- ��f�( �� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): O�� 4. Resolution in Support of an Application for �� Minnesota Lawful Gambling Premise Permit for Spring Lake Park Lions Club (Sandee's Restaurant, 6490 Central Avenue N.E.) (Ward 2) ....................................... 10 -11 5. Appointment — City Employee ...... 12 CITY COUNCIL MEETING � APPROVAL OF PROPOSED CONSENT 6�GENDA: "� N �.� APPROVA3 �OF MINUTES: G�/ �Q,�,��v'-�� 6. Claims .......................................... 13 City Council Meeting of March 26, 2001 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 7 of the Fridley City Charter Pertaining to Taxation and Finances ................................... 1 - 3 IJY� ���� NEW BUSINESS: � �O, 7. Licenses 8. Estimates ...... .... 14 - 30 ....................... 31 � � c'� 2. Resolution Receiving Final Plans and � Specifications and Ordering Advertisement ADOPTION OF AGENDA. ����(�l� �� }�-- for Bids: Street Improvement Project No. ' I ST. 2001 — 1 ................................. 4- 6 3 �.���' � Resolution Requesting Municipal State Aid System Construction Funds for Other Local Use............................................... 7 - 9 OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. i"� Cfy�-,r l t✓1�' �� v� cJ �-�-�c,J J✓1 ,�— . ., FRIDLEY CITY COUNCIL MEETING OF APRIL 9, 2001 PUBLIC HEARING: �. �/S � �; 3 S'J�, � i��/ �-,/ J �d � 9. Consider Modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 9 to Reflect a Reduction of the Geographic Area of the District .........:. 32 - 35 PAGE 2 �� 4�0 ��5�} �/ � �yu',-�,� �-e� �dtcr�m vr� ��- �. /�� �% d � � ��r��s-d.�d 5���1 }��S _ �,e.� f � �� 3 �s�/,e.� � . � � �.�► 9, ,�� �'. � � ��/-1-6 n� � �,��'�- � %nr�e�,f � !�, �' ��o��-� v�ec�' ��- NEW BUSINESS: %'- 1 10. Informal Status Report ........................ 36 ADJOURN. ���� � � e �' V �`�' Y City of Fridley Notice of Board of Review Notice is hereby given, that the Board of Review of the City of Fridley, County of Anoka, Minnesota, will meet at the City Hall Council Chambers in said City at 7:00 p.m., on Monday, April 9, 2001, for the purpose of reviewing and correcting the assessment of said city for the year 2002 All persons considering themselves aggrieved by said assessment, or who wish to complain that the property of another is assessed too low, are hereby notified to appear at said meeting, and show cause of having such assessment corrected. No complaint that another person is assessed too low will be acted upon unril the person so assessed, or his agent, shall have been notified of such complaint. Given under by hand this 22"d day of March, 2001. Debra A. Skogen, City Clerk (Published this 29`h day of March and 5`h day of April, 2001.) � THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 0 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCYL OF MARCH 26, 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe. MEMBERS ABSENT: None. Mayor Lund stated that he wanted to apologize for the manner in which the residents' concerns were addressed during the last meeting. He did not intend to minimize the importance of anyone's concerns, he was just trying to have the meeting flow more smoothly. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Proposed Consent Agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. APPROVAL OF MINUTES: City Council Nleeting of March 5, 2001. APPROVED. OLD BUSINESS: 1. ORDINANCE NO. 1149 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZO1�IING" BY ADDING A NEW SECTION 205.31, 0-6 RESIDENTIAL LOTS CREATED PRIOR TO 1955 DISTRICT REGULATIONS (ZOI�TING TEXT AMENDMENT, ZTA #00-04, BY THE CITY OF FRIDLE�: Mr. Burns, City Manager, stated that this legislation creates a 0-6 zoning district for approxirriately 191 single-family residential lots in Fridley. These lots were made � nonconforming by an ordinance that raised the minimum lot size and width for lots that FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 2 �z_ were created after December 29, 1955. The new legislation would make existing structures on these lots conforming as long as they were built on lots tltat contained a minimum of 5,000 square feet and were at least 50 feet wide. The new law also includes 5,000 square foot lots that aze at least 50 feet wide that were created prior to January l, 2001. The purpose of the legislation is to protect the property values of existing homeowners and create incentives for investment in these previously non-conforming properties. First reading of this legislation was approved at the March 5 Council meeting. Staff recommends approval of the second and final reading. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1149 ON THE SECOND READING AND ORDERED PUBLICATION. 2. ORDINANCE NO. 1150 AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #01-01, BY GATEWAY EAST REDEVELOPMENT, LLC) (WARD 1): Mr. Burns, City Manager, stated the property is generally located at the intersection of 57`h and University Avenues. It is the former location of an automotive repair shop, a duplex and two vacant lots. The rezoning will enable the construction of 28 new townhomes by Real Estate Equities, Inc. Subject to Council's approval of the rezoning from C-2 (General Business) and R-2 (Two Family Units) to S-2 (Redevelopment District), construction is scheduled to begin on or about May 15, 2001. Council approved the first reading of this rezoning at their March 5 meeting. Staff recommends approval of the second and final reading. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1150 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 3. RESOLUTION NO. 16-2001 APPROVING A PLAT, P.S. #00-03 (L& L BUILDERS ADDITIOI�, BY L& L BUILDERS TO REPLAT PROPERTY FOR THE PURPOSE OF CREATING LOTS TO ALLOW CONSTRUCTION OF A NEW SINGLE FAMILY HOME, GENERALLY LOCATED AT 35 - 62 WAY N.E. (WARD 3): Mr. Burns, City Manager, stated that this legislation would formalize the splitting of a single-family lot at 35 - 62"d Way. The petitioner, Mr. David Lopez, plans to build a single family home on the new lot. The lot meets all requirements for construction of this single family home. Council approved the preliminary plat for this lot split at the February 5 meeting. Staff recommends approval of the resolution. ADOPTED RESOLUTION NO. 16-2001. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 3 - 4. RESOLUT�ON NO. 17-2001 (�RDERING FINAL PLANS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST. 2001-1: Mr. Burns, City Manager, stated that the resolution will allow staff to move forwazd with the 2001 neighborhood street improvement project. The streets to be improved include Hillcrest Drive, Woody Lane and Tennison Drive. The project includes the reconstruction of the streets and the replacement of bituminous curb and gutter with concrete curb and gutter. It also includes replacement of old, cast iron water lines with ductile iron water lines. Staff recommends Council's approval of the resolution . ADOPTED RESOLUTION NO. 17-2001. 5. RESOLUTION NO. 18-2001 ORDERING IMPROVEMENT, APPROVAL OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: RECARPETING MUNICIPAL CENTER PROJECT NO. 339: Mr. Burns, City Manager, stated that the resolution authorizes staff to seek bids for recarpeting the Municipal Center. The specifications require 36 x 36-inch carpet tiles with a 24-ounce tufted, textural loop pile. The tiles will be easier to install than traditional rolled carpeting and can be replaced as stains or wear dictate. This year's capital improvements budget includes $140,000 for this project. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 18-2001. 6. ESTABLISH A PUBLIC HEARING FOR APRIL 23, 2001, TO CONSIDER THE INTOXICATING LIQUOR LICENSE APPLICATON OF KING CLUB AND RESTAURANT, GENERALLY LOCATED AT 1051 EAST MOORE LAKE DRIVE: Mr. Burns, City Manager, stated that this motion establishes April 23 as the public heaxing date for the consideration of this license. Staff recommends Council's approval. SET THE PUBLIC HEARING FOR APRIL 23, 2001, ON THE INTOXICATING LIQUOR LICENSE APPLICATION OF KING CLUB AND RESTAURANT. 7. MOTION TO SUPPORT THE LEASING OF THE ISLANDS OF PEACE VISITOR CENTER BY ANOKA COUNTY TO TAMARISK RESOURCES: Mr. Burns, City Manager, stated that under the terms of a joint powers agreement with Anoka County, Fridley must agree to any lease agreements for the Islands of Peace " Visitor Center. The motion provides Council's concurrence with a five-year lease agreement between Anoka County and Tamarisk Resources. Tamarisk proposes to use � the building to support caregivers and families of the terminally ill during business hours, Monday through Friday. The building will be available for rental to others during FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 4 evenings and weekends. Tamarisk has agreed to be available to greet pazk visitors and to ` show the facility to potential renters. The agreement appears to meet the objectives of both Anoka County and Tamarisk as well as to serve the interests of Fridley residents. Staff recommends Council's approval. APPROVED THE LEASING OF THE ISLANDS OF PEACE VISITOR CENTER TO TAMARISK RESOURCES. 8. APPOINTMENT - CITY EMPLOYEES: Mr. Burns, City Manager, stated that staff is recommending the appointment of Lynne Tellers Banks to the newly created Captain's position in the Fridley Police Department. Lynne began her service to Fridley in 1980. She was promoted to Corporal in 1984 and to Sergeant in 1992. She finished first among her peers in a recent assessment center promotional process. Mr. Burns stated that we are also recommending the appointment of Michelle Gease to the Sergeant's position being vacated by Lynne Tellers Banks. Michelle has been with the Fridley Police Department since 1992. She has served as a neighborhood resource officer, field training officer and, most recently, as investigator. She finished first among her peers in a recent promotional assessment center process. APPOINTED LYNNE TELLERS BANKS TO CAPTAIN POSITION. APPOINTED MICHELLE GEASE TO SERGEANT POSITION. 9. CLAIMS: APPROVED PAYMENT OF CLAIM NUMBERS 98459 - 98739. 10 LICENSES: APPROVED ALL LICENSES AS SUBMITTED AND AS ON FILE. 11. ESTIMATES: Carl. J. Newquist, Esq. Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of December, 2000 ................................ $13,890.20 FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 5 No one in the audience spoke regarding the consent agenda items. . -_ ADOPTION OF AGENDA: MOTION by Councilmember Wolfe to adopt the agenda as submitted. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: Mr. Tom Myrha, 6360 Able Street, stated that the City spends a lot of time on sign ordinances and a lot of time with Menard's and Home Depot monitoring. When it comes to the sight along the freeway, the City blew it. He was happy when Medtronic bought the land along the freeway, but the building is one of the worst examples of beauty. He thought the City should pay more attention to the buildings being built. Councilmember Barnette stated that beauty is in the eye of the beholder. PUBLIC HEARING: 11A. CONSIDER STINSON BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 2001-2: MOTION by Councilmember Billings to open ihe public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:43 P.M. Mr. Haukaas, Public Works Director, stated that the City of New Brighton has proposed to reconstruct Stinson Boulevard from Mississippi Street to 66-1/2 Avenue. It is a common boundary street between the cities of Fridley and New Brighton. The project has two different project identification numbers, one for Fridley and one for the City of New Brighton. It will be similaz to what was done last year on Stinson Boulevard from Rice Creek south of Gardena. The street will be reconstructed and the existing bituminous curbs will be replaced with concrete curb and gutter. The underground utilities have been checked to make sure they aze in adequate condition. It does not appear that any upgrades are needed. The gas company is still evaluating their lines to see if they want to upgrade. They are presently maintaining that the current gas mains are sufficient. Mr. Haukaas explained that there are thirteen Fridley properties that will be affected by this project. The cost to upgrade to concrete curb, and gutter is assessable. It will be assessed to the properties addressed on Stinson Boulevard not to exceed the cost of $15 per foot of lot width, FRIDLEY CITY COUNCII. MEETING OF MARCH 26, 2001 PAGE 6 pursuant to City policy. Eight properties will be assessed. T�ey are 8U feet wide and the maximum assessment will be $1,200 each." The remaining five lots are comer lots addressed on east and west streets. They will not be assessed for this project because they paid curb assessments when the east-west streets were conshucted. Mr. Haukaas stated that an informational meeting on January 17 was held. At the February 26 City Council meeting, the City received its feasibility study on the project. New Brighton held their public hearing on March 13 and the affected Fridley residents were invited to this meeting. Councilmember Barnette asked Mr. Haukaas who was getting the better deal, the Fridley residents or the New Brighton residents? Mr. Haukaas stated that the City of Fridley residents were, because New Brighton assesses the adjacent residents 25% of the cost of reconstruction. Our policy identifes only the new concrete curb, and gutter as being assessable. Mr. Tom Larson, 6556 Stinson Blvd., stated that he is for this project. He wondered how people were going to get in and out of the area during construction. His wife has a daycare. Mr. Haukaas stated that during construction the City will make sure there is access. Every night things will be cleaned up so that people will have access on to their properties. The only exception is that driveways will be closed for one or two days after the concrete curb is poured. If there is a problem, the contractors are very good to work with. Mr. Larson stated that he has double driveways that are sepazated. Will they keep the driveways separated? Mr. Haukaas stated that it is not necessary. They try to put back exactly what was there. Mr. Burns asked if New Brighton will be replacing the mailboxes. -- Mr. Haukaas stated that it will not be part of this process. He can talk to the New Brighton Public Works Department to make sure. Councilmember Billings stated that he would like Mr. Haukaas to go out and see how many driveways there aze similar to Mr. Larson's and interview the homeowners to find out what they want. This should then be communicated to the construction crews. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:52 P.M. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 7 __ _. REVOCATION HEARI3�1G: -- _ - -- - 12. CONSIDER THE REVOCATION OF THE TOBACCO LICENSE FOR WALGREENS DRUG STORE, GENERALLY LOCATED AT 6525 UNIVERSITY AVENUE N.E. (WARD 1): MOTION by Councilmember Billings to open the revocation hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE REVOCATION HEARING WAS OPENED AT 7:53 P.M. Mr. Knaak, City Attorney, stated that Chapter 12.09 is the chapter by which the licensure of tobacco sales within the City is regulated. It also regulates the manner in which those sales aze supervised and controlled. Section 12.09(B) authorizes the City to revoke a tobacco license in the event that a licensee has three non-compliance violations within one year. The City has had good success in compliance on the part of its licensees in the past. It is uncommon to be in this situation. There were two previous incidences of non-compliance. The third incident will be described in detail tonight. Mr. Lenzmeier, Deputy Public Safety Director, stated that pursuant to Minnesota State Statutes, the Fridley Police Department conducted tobacco compliance checks. State Statutes make it a gross misdemeanor to sell cigazettes to minors. There is also a possible $3,000 fine and up to one year in jail. The Police Department decided to make the City's ordinance fairer for the store clerks and reviewed other cities' ordinances and asked all retailers to come to meetings for input into creating the new ordinance. The retailers themselves set up the penalties. T'he penalty for the first offense is $250 for the clerks and $500 for the retailer. Mr. Lenzmeier stated the ordinance passed in 1996 and has worked for us. The Minnesota State Statutes state that cities that have a tobacco ordinance should do one compliance check per yeaz. We are trying to make a goal of doing two. Walgreens failed the first compliance check in September of 1999. They failed a second check in February of 2000. They failed a third check in November of 2000. They failed a fourth check in February of 2001. Walgreens failed four compliance checks in about 14 months. Mr. Knaak asked if the letter sent to him by the Walgreens manager dated September 24, 1999, signed by Mr. Lenzmeier involved the September, 1999, incident. Mr. Lenzmeier stated that each time the business failed, a letter was sent out. He told them they needed to pay a penalty and he told them how many checks failed. A copy of the ordinance was sent and he highlighted the area regarding penalties. Mr. Knaak asked if Walgreens paid a$500 fine for the September, 1999, failure. Mr. Lenzmeier stated that they did. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 8 Mr. Knaak asked if the letter dated Februar� 8, 2000, was for a similar violation. _ —� ' Mr. Lenzmeier stated that it was. Mr. Knaak stated that the letter refers to the February 5 violation. Mr. Lenzmeier stated that was correct. Mr. Knaak asked if the letter notified of the $1,000 penalty and if the penalty was paid. Mr. Lenzmeier stated that it did and the penalty was paid. Mr. Knaak asked if there was any objection by Walgreens. NIr. Lenzmeier stated that he had no contact with Walgreens. Mr. Knaak asked Mr. Lenzmeier to describe the letter dated December 19, 2000. Mr. Lenzmeier stated that it concerns the November 25 compliance check. The letter tells them they failed that check and that if they failed another one that year their penalty would be $1,000 payable within 20 days. Mr. Knaak asked if they paid and acknowledged there had been a violation. Mr. Lenzmeier stated that he did not see the check but he believes that it was paid. Mr. Knaak asked him to explain about the final compliance check. Mr. Lenzmeier stated that he asked a sergeant in the Police Department to try to do a compliance check at Walgreens before February 5. He selected an officer to do the compliance check and they went into Walgreens with a young lady and conducted the compliance check which Walgreens failed. The age of the young lady they used for the compliance check was 14. Officer Mork indicated that he was directed by Sergeant Prois to conduct a tobacco compliance check at Walgreens. That took place on February 4, 2001, at 4:20 p.m. Prior to that, we made arrangements with a 14-year-old female and conducted specific training and explained how the compliance check should take place. We then went to Walgreens and the juvenile female entered the store on her own. She exited a few minutes later with a few other items of merchandise and a pack of Camel cigazettes. She was searched for tobacco products prior to entering the store and none were found. Officer Mork asked the juvenile female what happened. She stated that she had gone to the check out lane and asked the clerk who was a juvenile male, for a pack of Camel Lights. At that time, he grabbed the cigarettes and placed them on the counter. The clerk then saw another customer approaching and getting in line. He then asked the juvenile female for her ID. She responded that her purse was stolen and she did not have her ID. She was never asked for any FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 9 other type o�identification. The clerk proceeded to ring up tlie sale of cigarettes and also-the - other merchandise. -The female then exited the store and walked up to the unmarked squad car. She described the sale and provided the merchandise. Officer Mork indicated that he then entered the store and identified himself as a Fridley police officer. He asked the clerk to contact the store manager on duty. Assistant Store Manager Calvin Pottler arrived to discuss the matter. He then asked the clerk if he had just made a tobacco purchase to a young blond haired girl. He said he had. I asked him if he ever asked the juvenile buyer how old she is. He replied "No." He did not ask her for her birth date and he knew it was illegal to sell tobacco to a juvenile. He then claimed that he asked the juvenile if she was of age. He told me she said yes. He asked her if she was serious and she claimed she was. The juvenile buyer stated that the clerk did not ask her if she was of age. The only thing he asked her when she asked for the cigarettes was "Are you serious?" Officer Mork said he explained to the store manager and the clerk that this was illegal and provided copies of the ordinance and the statute to the store manager and advised that the City would be contacting them in the near future. He placed the cigazettes into evidence and prepared his report. Mr. Knaak asked him if this was out of the ordinary in terms of investigative procedure or compliance checks for tobacco. Officer Mork stated that it was not, except that they usually work with 15, 16, or 17 year old juveniles. Mayor Lund asked if there was any knowledge that Walgreens has paid the third and fourth fines. Mr. Knaak stated that to his knowledge they have. The first offense was in September of 1999. This is the first instance he has seen in the City of four consecutive non-compliance checks. He believes there should be a one-year revocation of the tobacco license for Walgreens. Joe Lally, Walgreens Representative, stated that Walgreens takes these issues very seriously. These incidences happened with four separate clerks who were 17 years old. Each individual has had to pay the penalty. In two of the incidences both clerks asked for identification. In the November, 2000, incidence, the employee asked for identification and the juvenile produced it. The employee then did not pay close enough attention to birth date and sold the tobacco product. In the February incidence the clerk asked for ID and was assured that her purse was stolen. The training for this is continuing and there are notices where the employees punch in. He said Walgreens wants to make all reasonable efforts to comply and address this problem. He said he was concerned about the one-year revocation and asked that the Council consider a probationary period of six months during which all tobacco sales would be rung up by a management level employee. There would be training for all staff at the Fridley store. A civil penalty of $2,000 would be agreed to. Councilmember Billings asked if he knew that the hearing was for permanent revocation of the tobacco license. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 10 Mr. Lally stated that they aze awaze that is what the ordinance permits and they aze asking for an intermediate consideration. Mayor Lund asked if the fines have all been paid. Mr. Lally stated that the first three fines have all been paid. Mr. A1 Julin, District Manager for Walgreens, stated that he has been with Walgreens over 30 yeazs. They do take this seriously. He has 16-year-old twins who he would not like to see purchasing cigarettes and he is a non-smoker. He wanted to share their training policies. MOTION by Councilmember Wolfe to accept the policies. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Julin stated that all employees must read the first training pages. A form 265 is signed by all employees beginning work stating that they are aware they do not sell tobacco products to underage people. A training manual for employees and supervisory employees is used and also a training video. Dave Caroon, Fridley Store Manager, gives all employees a quiz. T'he register has a scan-lock system. After scanning the tobacco product, the register will ask "if you were born before this date" and we check identification. We have discussed having only management personnel being allowed to sell tobacco. Walgreens wants to comply. It was never their intent to illegally sell tobacco. Councilmember Barnette asked if the clerks have to be 18 to sell tobacco. Mr. Julin stated that in Minnesota it is 16. Mr. Knaak stated that everything except the quiz has been in effect for the past year. Mr. Julin stated that was correct. Mr. Knaak stated that notwithstanding that, there were still three violations in the past year. MOTION by Councilmember Billings to close the revocation hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE HEARING WAS CLOSED AT 8:30 P.M. Councilmember Billings stated that the packet presented by Walgreens was impressive and indicates that the management does takes it seriously. However, the testimony indicates that the store clerks are not the only ones at fault for being careless. He would think that after the iirst or second violation someone in management would have stepped forwazd to say we should only FR]mLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 11 have our managers sell the cigare� es. It only happened after the fourth violation. He is not sure he �,�ould be supportive of a permanent revocation but of a revocation for a period of time. MC)TION by Councilmember Billings to revoke the tobacco license of Walgreens for a two-year per.iod from April l, 2001, to March 31, 2003, or not renew the license on April 1, 2001. Walgreens would be required at the time of application to meet all requirements for a new licensee application, rather than a renewal. Seconded by Councilmember Bolkcom. Co�.uicilmember Billings stated that there is no difference for an application for renewal or a new license. He does not know what will transpire between now and then. Councilmember Bolkcom stated that she is willing to go for a one-year revocation and then for the next year between 2002 and 2003 that only the managers sell the tobacco and have very strict guidelines and more compliance checks. She is very disappointed that they let this go this faz. The teenage employees could have used more training by the Police Department. Councilmember Wolfe stated that he has two teenage kids and in some cases it does not matter how much you train the kids. Walgreens seems like they are trying their best to train. He likes the idea of the management selling the tobacco products but it will be hard to monitor that. Councilmember Bolkcom stated that she thinks that teenage smoking is a huge issue. Councilmember Wolfe stated that he agrees but Walgreens has done the training and he likes the idea of the managers selling the products. Councilmember Barnette stated thai he would be agreeable to a one-year revocation and probation for one year. Mayor Lund asked what percentage of tobacco sales the store has. He does not want to create an undue hardship. Mr. Neil Pankau, Corporate Representative, stated that he checked that this morriing: He believes it is $7,000 per month which only amounts to a profit of $14,000 per year. It is not the money, it is the reputation they are trying to uphold here. A one-year suspension is the same as revocation because they would have to move out the tobacco products and fill up the shelves. A one-year suspension is a punishment more harsh to this store than you may think. Mayor Lund asked what the alternative was. Councilmember Bolkcom stated that it was a fine and six months probation. She asked why they let it go this long if they got the letters and saw the ordinance. Mr. Pankau stated that four different employees were involved and they were written up. It is now a policy that it is one week without pay for the first offense. The second time it is a termination of employment. It is easier for the store to pay the fines than to pay for legal counsel to address those issues. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 12 CouncilmemberBolkcom-stated that the manager has to take some responsibility. Mr. Pankau stated that in a retail setting the manager can only be there at certain times. You can train kids over and over again, and that is why they came up with the alternative. Councilmember Billings stated that his decision has nothing to do with the sales and amount of hard work Fridley staff has done. It is not his intent to permanently end tobacco sales at this store. There are four distinct undisputed violations, three occurring in a one-year period, thus kicking into action the Fridley ordinances. MOTION by Councilmember Billings to amend the motion striking the words " two years" and "March 31, 2003", and inserting one year and the date of March 31, 2002. Seconded by Councilmember Barnette. Mayor Lund called for a vote on the motion. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBERS BILLINGS, BARNETTE, BOLKCOM VOTING AYE, COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED 4 TO 1. Mayor Lund called for a vote on the main motion that was changed to a revocation period of one year. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBERS BILLINGS, BARNETTE, BOLKCOM VOTING AYE, COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED 4 TO 1. Mayor Lund stated that they do not want to create animosity with Fridley businesses. He thought the one-year revocation period was very generous under the terms. Fridley wants to be pro-business but you have to abide by the ordinance. Mr. Lally asked if the revocation is effective April 1. Councilmember Billings stated �hat was correct. OLD BUSINESS: 13. SECOND READING OF AN ORDINANCE AMENDING THE FRIDLEY CITY CODE TO ADD CHAPTER 223, CONCERNING MANUFACTURED HOME PARKS, REQUIRING OWNERS TO PAY RELOCATION EXPENSES TO DISPLACED RESIDENTS UPON PARK CLOSINGS: and APPROVE OFFICIAL TITLE AND SUMMARY ORDINANCE: FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 13 Mr. Fernelius, Housing Coordinator, stated that on March �, there were a couple of a�,endme�ts macie to the first reading of the ordinance. If this second reading is approved, the ordinance woizld be published on April 5 and would become effective 15 days later, or on April 20, 2001. The: first change involves Section 223.06 concerning "Displaced Resident Obligations." The te� wa:� modified stating that the displaced resident can elect to receive relocation assistance or compensation. The second change involved Section 223.08 with the election to receive compensation and a minor text amendment indicated that the compensation shall be in an amount equal to the current market value of the home, or if no appraisal exists, the current assessed value. This is one of the changes Councilmember Billings requested. The third change is the addition of Section 223.09, "Limitation on Total Amount of Relocation Assistance and Compensation Paid to Displaced Residents." The final change involved renumbering the last two sections. Ms. Kristina Carter, 7303 Oakley St., stated that she is a part-time resident of Fridley Terrace Manufactured Home Park. She supports this proposal. She paid $13,000 for her home and made $20,000 in repairs. The County of Anoka has the assessed value at $13,200. Under the terms of that amendment with the cap and under the language of the first amendment it looks to her like the cost of her repairs would be totally out the window if the park were closed. She could pay for an independent appraiser and will do so. Nonetheless, she does not believe this ordinance was proposed to deprive people compensation for improving their homestead. If you do not like where you are at and your home is more than ten years old, no other park will take you. Therefore she would have to accept whatever compensation the park owners will give her. This will discourage repairs and rehab of the older units of which there are many. Mayor Lund stated that as he believes that Section 223.08 states that the current fair market value will be given or it will be appraised as well. The appraisal will show the repairs. It is not the intent to discourage remodeling. Mr. Fernelius stated that this ordinance provides some compensation and assistance. It may not be perfect but is a step in the right direction. Mr. Knaak, City Attorney, stated that this is true with any property. Someone who invested a lot of money in a home and the City condemned it would be the market value for the basis of the evaluation. Sometimes the money put into the homes is reflected and sometimes it is not. There is no special provision in this ordinance for this situation. Ms. Carol Jenkins, 1013 North Circle, stated that she has had to pay close to $15,000 for damage from the hail storm two or three years ago. She was forced to repair her home and her insurance company did not consider the hail damage to the aluminum siding as payable. She will not be able to recoup this. Mayor Lund stated that he suggests she could check for different insurance because he knows that many homes received adequate insurance. Ms. Jenkins stated that they only covered roof damage and window damage, nothing for the siding. This is not fair under the cap. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 14 Councilmember Barnette asked who she thinks should be responsible for paying the costs Ms. Jenkins stated that she sees his point. A lot of insurance carriers say that it is cosmetic damage. It costs her more to repair it than what she paid for it. Councilmember Bolkcom stated that she does not see what the cap has to do with that. There is an appraisal. It is not different than anyone else who has property that suddenly needs to put a new roof on the house. Some of this stuff is also maintenance. Councilmember Barnette stated that these are circumstances where the home is valued less than what they put into it. He indicated that 20% of the County's assessment on the park of $7,500,000 is $1,500,000. Dividing that by 360 homes will bring around $4,500 for top dollar with the cap. We are giving some protection to the people living under the mobile home pazk. Who is going to be responsible if the park would sell? The park owner may not be monetarily able to pay that. We think this ordinance is a reasonable solution to the situation. If we did not have this ordinance you would get nothing. Councilmember Billings stated that there is a possibility that the park may sell for more giving more for a cap. You are locked in for 20% of the selling price or 20% of the appraised value. Councilmember Bolkcom stated that this could be to their advantage. Councilmember Billings stated that the 20% cap is evenly distributed to each home depending on how much they are valued. Ms. Jerri Lynn, resident of Fridley Tenace Mobile Home Park, stated that the cap issue has been handled in 11 different municipalities. With these caps there are a number of things the Fridley park closing ordinance has not addressed. How the money will be paid out and the timing issue with the cap are a couple of things. She wondered if the market value on the year that the settlement took place was going to be used. Councilmember Barnette stated that the ordinance states that the market value is determined by the year the park is scheduled to close. Mr. Fernelius stated that is conect. Ms. Lynne stated that the Burnsville ordinance states cleazly that the park owner and park purchaser shall not exceed 20% of the purchase price of the paxk and 20% of the estimated market value of the park as most recently determined. People then know it will be the most recent figure. The County does not assess the manufactured home parks in Fridley. The Fridley assessor does. A number of the other ordinances include some sort of language describing how the money will be divided which will clarify matters immensely. Fridley should also consider language in regards to the purchase price of the park. The City could contribute to a part of the relocation settlement like the City of Shakopee does. The cap will cause financial hardship for most of the people in the manufactured home parks in Fridley given the fact that the homes cannot be moved. The park purchaser's contribution to the relocation should be considered FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 15 though. The amount of money that a person who lives in Fridley Terrace would get based on the park closing ordinance language using the 2001 estimated market values, would be $4,467 each. Pazk Plaza Estates residents would get $3,015. Why should they get so much less for their hazdship? Amendments to the cap could be added to make it more specific to avoid litigation. Councilmember Barnette asked if the City of Shakopee committed public dollars. Ms. Lynne stated that it is based on the purchase price of the park to make the differential with the 20% cap. Councilmember Wolfe asked if the assessor of Anoka County assesses the paxk. Mr. Fernelius stated that the City assessor assesses the value of the land for the park. The County assesses the individual manufactured homes. MOTION by Councilmember Bolkcom to waive the second reading and adopt Ordinance No. 1151 on the second reading and order publication. Seconded by Councilmember Barnette. Councilmember Bolkcom stated that this is a good ordinance and compromise. Staff has gone over this in great detail. Councilmember Barnette stated that this was the result of a request to pursue this ordinance and the City Attorney feels that it is better to have an ordinance in place. Ms. Tracey Tomas, Park Plaza Estates Representative, stated that she is familiar with the Shakopee ordinance. What is before us is a compromise and City staff has done an excellent job in listening to both sides. Councilmember Billings stated that we cannot anticipate all the circumstances surrounding some nebulous closing of a park. We cannot predict what the park would be sold for. State statutes provide that we can make this determination at that time of the required public hearing when we have the facts in front of us to make a reasonable determination. The City of Fridley does not have any business sticking its nose in this. Mayor Lund asked for a vote on the motion. UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, BOLKCOM, AND MAYOR LUND VOTING AYE, COUNCILMEMBERS BILLINGS AND WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED 3 TO 2. MOTION by Councilmember Billings to direct City of Fridley Staff to publish the condensed version of the Official Title and Summary. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 16 14. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 7 QF THE FRIDLEY CITY CHARTER PERTAIlYING TO TAXATION AND FINANCES (TABLED MARCH 5, 2001): MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Bolkcom. Mr. Eisenzimmer, 6535 Oakley Drive N.E., stated that the part of the amendment added to Chapter 6(B) had more language than he realized that should have been stricken out. He said that nothing was published about a meeting on this. Mayor Lund stated that the public hearing notice was duly published. Mr. Eisenzimmer stated that it was published as a public hearing and it was tabled. That information was not in the Fridley Focus. There are parts of this that he is not fond of. Mayor Lund stated that the language was unanimously decided on. Mr. Eisenzimmer stated that it was not unanimous. He voted against it and feels that he should have never joined that meeting. It should have been left as it was. Councilmember Billings stated that Minnesota State Statutes are clear on the fact that the Council can accept the ordinance the way it is or send it back to the Charter Commission for rewording. It requires a unanimous 5 to 0 vote. This is a technical revision of the item that was on the ballet in November of 2000. This is the ordinance as recommended by the Charter Commission. Mayor Lund asked for a vote on the motion. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 15. CONSIDER TOBACCO LICENSE REQUEST BY DENNIS G. BUCHANAN: Mr. Sallman, Public Safety Director, stated that he is recommending denial of the tobacco license request made by Mr. Dennis G. Buchanan. Mr. Buchanan has requested a tobacco license for the Fifth Element Smoke Shop. Mr. Buchanan is a convicted felon. In October of 1992 upon execution of a search warrant, he was charged and convicted pursuant to Minnesota Statute 152.05 for possession of marijuana with intent to sell. The selling of tobacco is a regulated industry. Tobacco is getting increasingly regulated and we are trying to keep tobacco products from youth. The felony drug charge violated the laws of Minnesota within the last ten years and he probably should not be in this business. They conducted a background check and found that Mr. Buchanan owns five other businesses and at least one he owned when he was convicted of the marijuana charge. FRIDLEY CITY COUNCII. MEETING OF MARCH 26, 2001 PAGE 17 Councilmember Bolkcom asked Mr. Knaak if Mr. Buchanan needs to be notified that this is an agenda item. Mr. Knaak stated that there is no formal requirement to notify him. It is not like he already has a license. Councilmember Bolkcom asked Mr. Sallman if he had a conversation with him about Mr. Sallman's recommendation. Mr. Sallman stated that he did not. He indicated that would come from the Finance Department. MOTION by Councilmember Barnette to deny the tobacco license request made by Mr. Buchanan. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. 16. CONSIDER REAPPOINTMENTS TO CITY COMMISSIONS: MOTION by Councilmember Billings to approve the reappointments to the Planning Commission, Appeals Commission, Environmental Quality and Energy Commission, Parks and Recreation Commission, Cable Television Commission, Police Commission, and the Housing and Redevelopment Authority. Seconded by Councilmember Barnette. UPON A VOICE VUTE, �iLL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to appoint LeRoy Oquist to the Human Resources Commission for a three-year term. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. INFORMAL STATUS REPORT: Councilmember Billings stated that the City Clerk has informed the Minnesota Charitable Gambling Board that the City of Fridley is refunding a portion of the gambling license to people and they have been approached by the Charitable Gambling Board to produce the deposit ticket for the check. They indicated they have not received the check yet. He asked about the status of that matter. Mayor Lund stated that the request would be referred to the Finance Director. FRIDLEY CITY COUNCIL MEETING OF MARCH 26, 2001 PAGE 18 • ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MARCH 26, 2001, CITY COUNCIL MEETING ADJOURNED AT 10:10 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor � . � G � � AGENDA ITEM � CITY COUNCIL MEETING OF F� °� Apri 1 9, 2001 To: William W. Burns, City Manager �,�� � a '1� From: Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: Apri15, 2001 Re: Second Reading of Proposed Charter Amendment on Chapter 7 of the Fridley Charter Pertaining to Taxation and Finances A public hearing was held on March 5, 2001, on the proposed Charter Amendment. The first reading was held on March 26, 2001. Attachment 1 is the proposed ordinance for your review and second reading. 1 Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 OF THE FRIDLEY CITY CHARTER PERTAINING TO TAXATION AND FINANCES The City Council of the City of Fridley does hereby ordain as follows: That Section 7.02.1 of the Fridley City Charter be hereby amended as follows: Section 7.02. POWER OF TAXATION 1. The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all the powers to raise money by t�ation pursuant to the laws of the State which aze applicable to cities of the class of which it may be a member from time to time, provided that the amount of taxes levied against real and personal property within the City for general City purposes shall not exceed in dollars, a tax levy that is greater than the prior year tax levy increased by an inflationary index, or 5%, whichever is least. Said inflationary index shall be that as defined by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers in the Minneapolis-St. Paul Metropolitan Area. (Ref. Ord. 592 and 1102 and 11 /7/00 Amendment) NothinQ in this provision shall be construed to impair anv Qeneral obli�ation the Citv mav have in support of othenvise lawful indebtedness or similar obli�ation supported bv the fr�ll faith and credit of the Citv, provided, however, that IonQ-term, Qeneral obli�ation indebtedness shall not be used for the purpnse oifundin� the routine and daidv bt�ciness operations of the Citv. That Section 7.02.3 of the Fridley City Charter be hereby amended as follows: 3. Any other fees created, or increased beyond the limits set forth in subsection 1, shall require voter approval as stipulated in subsection 2. A. For purposes of this subsection, "fees" includes, ' ' '' , sales and use taxes, , , ' , ' , , utilitv charijes. recvclinQ fees, Qas and electric franchise fees and anv other fee that produces a tax burden or direct rnancial obliQation for all propertv owners and/or residents ofFridlev. B. For the purposes of this section, the term "fees" does not include: Parks and Recreation Department participation fees, charges for photo-copying, sales of municipal liquor store products, or civil and criminal fines and other charges collected in cases of restitution or violation of law or contract. The term "fees " also does not include rental housin� fees. buildinQ permit fees, liquor license fees, the extension or transfer ofcable television service authoritv to additional service providers for which fees are alreadv bein� charged, %es for the operation of iunk 2 Ordinance No. Page 3 yards, annual license %es for the oneration oipawn shops and other re�ulated business, and anv other charQe for services includin.� health and safetv related Code enforcement, and other goods services or materials routinelv provided bv the Citv to its citizens or other members ofthe public which bv law must be limited to the actual cost oithe service bein� nrovided The term "fees " shall not include anv special assessments made under Minnesota Statutes �429 C. For the purposes of this subsection, "fee increase" include , �e; a new tax or fee, a monetary increase in an existing tax or fee, a tax or fee rate increase, an expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or fee. D. For the purposes of this subsection, "city" include , ,�e City itself and all of its departments and agencie ', °"*^"'' �° �`'�' `'� '*� that are organized to a � exercise the "Powers of the Citv " as defined in Chanter 1 oithis Charter "Citv" shall not include anv bodv ofQOVernment owin� its existence to separate constitutional or statutorv authoritv outside of the Charter reQardless of whether that other bodv of government has iurisdiction or performs duties and services within the boundaries of the C� E. For the purpose of addressing natural disasters this subsection does not apply to any specific emergency measure authorized in Chapter 7, Section .08 (7.08). PASSED AI�?D ADOPTED BY THE CITY COUNCIL OF TI-� CITY OF FRIDLEY THIS DAY OF 2001. ATTEST: Debra A. Skogen, City Clerk Public Hearing: March 5, 2001 First Reading: March 26, 2001 Second Reading: Publication: 3 Scott J. Lund, Mayor I � CRY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF APRIL 9, 2001 William W. Burns, City Manager r�� � Jon . Haukaas, Public Works Director April 9, 2001 Street Improvement Project No. ST. 2000 -1 PWOI-033 The attached resolution approves the final plans and specifications and authorizes the advertisement of bids for the Street Improvement Project No. ST'. 2001-1. Recommend the City Council adopt the attached resolution to allow us to advertise the project. JHH:cz Attachment � � � � � � RESOLUTION NO. - 2001 RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: STREET IMPROVEMENT PROJECT NO. ST. 2001 - 1 WHEREAS, Resolution No. 48 - 2000 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, Resolution No. 101 - 2000 received the preliminary engineering report and set a public hearing for the improvements in this project, and WHEREAS, a public hearing was held on November 20, 2000 regarding this project, and WHEREAS, Resolution No. 17 - 2001 ordered final plans and estimates of costs for this project. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Counci.l Resolution No. 48 - 2000 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements including grading, stabilized base, hot- mix bituminous mat, concrete curb and gutter, bikeway, necessary repairs to the storm sewer, water and sanitary sewer systems, landscaping and other facilities located on and under the following streets: Woody Lane, Hillcrest Drive, Gardena Lane, Tennison Drive That the work involved in said improvements as listed above shall hereafter be designed as: STREET IMPROVEMENT PROJECT N0. ST. 2001 - 1 2. The plans and Department for to the Council which plans and a part thereof, City Clerk. specifications prepared by the Public Works such improvements and each of them pursuant resolutions heretofore adopted, a copy of specifications are hereto attached and made are hereby approved and shall be filed with � Resolution No. - 2001 Page 2 The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state the bids will be opened and considered in the Council Chambers of the Fridley Municipal Center and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (5o) of the amount of such bid. That the advertisement for bids for Street Improvement Project No. ST. 2001 - 1 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF APRIL, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK r,� u SCOTT J. LUND - MAYOR � � � � � GTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF APRIL 9, 2001 T0: William W. Burns, City Manager � �1f FROM: Jon H. Haukaas, Public Works Director 'j� DATE: SUBJECT: Apri19, 2001 Resolution for Use of MSAS Funds PWO1-032 With the proposed project to upgrade Woody Lane, Hillcrest Drive, Gardena Lane and Tennison Drive under Project No. ST. 2001-1, the City can apply for its available population funds within the State Aid account for off-system use. The attached resolution requests disbursement of the City's population portion of the Municipal State Aid Svstems (MSAS) construction funds for the proposed Project No�ST. 2001-L Recommend the City Council adopt the attached resolution for submittal to the State Aid Office. JHH:cz Attachment 7 RESOLUTION NO. - 2001 RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL USE WHEREAS the City of Fridley receives Municipal State Aid System (MSAS) funds for construction and maintaining 20s of its City streets, and WHEREAS 25.16 MSAS miles are currently authorized, and WHEREAS 24.89 MSAS streets have been built or resurfaced since 1988, and WHEREAS the City currently has 100.32 municipal streets that require maintenance and upqrade, and WHEREAS the majority of these streets have insufficient strength and poor surface drainaqe, and WHEREAS it is proposed to systematically install concrete curb and gutters and storm sewer system for improved surface water drainage and additional strength to the streets for traffic survivability, and WHEREAS the City State Aid routes are improved to State Aid standards and are in an adequate condition that they do not have needs other than additional surfacinq, and WHEREAS it is authorized by MN Rules 8820.1800 to use part of the MSAS construction appropriation of cur City's State Aid allocation on local streets not on the approved State Aid system, and WHEREAS the City proposes to improve surface water drainage and rebuild the street in the process, and WHEREAS it is proposed to use a portion of the City's population allocation funds to upgrade local streets, towit: Woody Lane, Hillcrest Drive, Gardena Lane and Tennison Drive, identified as City Project No. ST. 2001 - l, and WHEREAS the City indemnifies saves and holds harmless the State of Minnesota and its agents and employees from claims, demands, actions or causes of action arising out of or by reason or matter related to constructing the local street as desiqned, and WHEREAS the City further agrees to defend at its sole cost any claims arising as a result of constructing the local street, and WHEREAS the final approval of the State Aid for Local Transportation Division is therefore given. E�� -. i � � � _ RESOLUTION NO. - 2001 . PAGE 2 NOW THEREFORE BE IT RESOLVED that the City of Fridley, Anoka County, Minnesota, requests the release of MSAS funds for the upgrade and reconstruction of City municipal streets, towit: Woody Lane, Hillcrest Drive, Gardena Lane and Tennison Drive, identified as City Project No. ST. 2001 - l. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9H DAY APRIL, 2001. ATTESTED: DEBRA A. SKOGEN - CITY CI,ERK E SCOTT J. LUND - MAYOR L C(TY OF FRIDLEY To: From: Date: Re: =_i AGENDA ITEM CITY COUNCIL MEETING OF AP RI L 9, 2001 William W. Burns, City Manager �� � Richard D. Pribyl, Finance Director Deb Skogen, City Clerk March 26, 2001 Spring Lake Park Lions Club Charitable Gambling Pre mise Permit Renewal — Sandees, 6490 Central Avenue NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Spring Lake Park Lions Club is currently conducting charitable gambling at Sandees Restaurant, 6490 Central Avenue NE. Their Charitable Gambling Premise Permit expires on July 31, 2001. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective August l, 2001 and expire July 31, 2003. Please fmd a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. 10 i_� RESOLUTION NO. - 2001 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A NIINNESOTA LAWFUL GAMBLING PREMISE PERNIIT FOR SPRING LAKE PARK LIONS CLUB (SANDEES) WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Pernut for the Spring Lake Park Lions Club; and WHEREAS, the location of the Premise Permit is for Sandees Restaurant, 6490 Central Avenue Northeast and will be effective from August 1, 2001 to July 31, 2003; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Spring Lake Park Lions Club for Sandees located at 6490 Central Avenue Northeast. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK 11 SCOTT J. LLJND - MAYOR / � CRY OF FRIDLEY Name Jon Williams AGENDA ITEM CITY COUNCIL MEETING OF APRIL 9, 2001 Position Public Services Worker - Parks Non-exempt Appointment Starting Salary $15.59 per hour 12 Starting Date April 30, 2001 Replaces Matthew Lonsky :i � � CRY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF APRIL 9, 2001 CLA1 MS 98740 - 98960 13 � � ClTY OF FRIDLtY AGENDA ITEM CITY COUNCIL MEETING OF APRIL 9, 2001 LICENSES Type of License: B� Approved By: LAWFUL GAMBLING PERMIT (NEV� North Metro Chapter of Muskies Robert Anderson Public Safety 14863 Ogren Place City Clerk Elk River, MN 55330 To be held at the Anoka County Regional Park TEMPORARY FOOD LICENSE (NEV� Fee $25 Crty of Fridley ERC Public Safety Waived 6431 University Ave Fire Inspector Fridley, MN 55432 Community Development CLUB LICENSE American Legion, Post 303 Madeline Saltness Public Safety 7365 Central Ave NE Fire Inspector Fridley, MN 55432 City Clerk Fridley VFW Post 363 -- Ron Saba Public Safety 1040 Osborne Rd NE Fire Inspector Fridley, MN 545432 City Clerk Knights of Columbus Joe Mercie Public Safety 6831 Highway 65 NE Fire Inspector Fridley , MN 55432 City Clerk MANAGERIAL LIQUOR DISPENSING The Ground Round Richard Armstrong Public Safety 5277 Central Ave NE Fridley, MN 55432 Joe DiMaggio's 1298 East Moore Lake Dr NE Fridley, MN 55432 George Vespa Public Safety 14 $700 $850 $850 $10 $10 i Y � . . � Type of License: B��-. Approved By: MANAGERIAL LIQUOR DISPENSING (CONTINUED): KJ's Grille &Bar Kenneth Steis Public Safety 8298 University Ave NE Fridley, MN 55432 Main Event Wendy Benincasa Public Safety 7820 University Ave NE Fridley, MN 55432 Maple Lanes Stephen Hane Public Safety 6310 Hwy 65 NE Fridley, MN 55432 Sandee's Restaurant Gary Braam Public Safety 6490 Central Ave NE Fridley, MN 55432 Sha� Sports Bar & Nightclub Richard DeFoe Public Safety 3720 East River Rd Fridley, MN 55421 Shorewood Inn James Nicklow Public Safety 6161 Highway 65 NE Fridley, N�N 55432 � � Spikers Beach Club Patrick Pelstring Public Safety 7651 North Hwy 65 Fridley, MN 55432 Stuart Anderson's Cattle Company Patrick Kelvie Public Safety 5696 University Ave NE Fridley, MN 55432 LAWFUL GAMBLING American Legion, Post 303 Madeline Saltness Public Safety 7365 Central Ave NE City Clerk Fridley, MN 55432 Fridley VFW Post 363 Ron Saba Public Safety 1040 Osborne Rd NE City Clerk Fridley, MN 545432 Joe DiMaggio's Sports Bar George Vespa Public Safety 1298 East Moore Lake Dr NE City Clerk Fridley, MN 55432 15 Fee $10 $10 $10 $10 $90 $10 $10 $10 Fee waived $300 $300 Type of License: B� LAWFUL GAMBLING (CONTINUED): KJ's Grille &Bar Kenneth Steis 8298 University Ave NE Fridley, MN 55432 Main Event Wendy Benincasa 7820 University Ave NE Fridley, MN 55432 Sandee's Restaurant Gary Braam 6490 Central Ave NE Fridley, Mn 55432 Sha� Sports Bar & Nightclub Richard DeFoe 3720 East River Rd Fridley, MN 55421 Shorewood Inn James Nicklow 6161 Hwy 65 NE Fridley, MN 55432 Spikers Beach Club Patrick Pelstring 7651 North Hwy 65 Fridley, MN 55432 ENTERTAINMENT American Legion, Post 303 Madeline Saltness 7365 Central Ave NE Fridley, MN 55432 Fridley VFW Post 363 Ron Saba 1040 Osborne Rd NE Fridley, MN 545432 KJ's Grille &Bar Kenneth Steis 8298 University Ave NE Fridley, MN 55432 Knights of Columbus Joe Mercie 6831 Highway 65 Ne Fridley , MN 55432 � Approved By: Public Safety City Clerk Public Safety City Clerk Public Safety City Clerk Public Safety City Clerk Public Safety City Clerk Public Safety City Clerk Public Safety Fire Inspector City Clerk Public Safety Fire Inspector Community Development Public Safety City Clerk Community Development Public Safety Fire Inspector Community Development Fee $300 $300 $300 $300 $300 $300 $85 $85 $85 $85 i � . a . � Type of License: g �; ENTERTAINMENT (CONTINUED): Main Event Wendy Benincasa 7820 University Ave NE Fridley, MN 55432 Sharx Sports Bar & Nightclub 3720 East River Rd Fridley, MN 55421 Shorewood Inn 6161 Hwy 65 NE Fridley, MN 55432 Spikers Beach Club 7651 North Hwy 65 Fridley, MN 55432 3.2% MALT LIQUOR 21 S` Century Food & Fuel Inc 7883 East River Rd Fridley, MN 55432 Cub Foods 250 57`�' Ave NE Fridley, MN 55432 Godfather's Pizza #24501 7910 University Ave NE Fridley, MN 55432 Ozzie's 620 Osborne RD Fridley, MN 55432 Pizza Flame 317 Osborne Rd NE Fridley, MN 55432 Sam's Club #6310 8150 University Ave NE Fridley, MN 55432 SuperAmerica #4199 7299 Highway 65 NE Fridley, MN 55432 Richard DeFoe James Nicklow Patrick Pelstring Yi Thao Kim Eric:cson Michael Keays Robert Wineman Daniel Anderson Rick Brazile Michael Rasnak 17 Approved By: Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector City Clerk Public S�fety City Clerk Fire Inspector Public Safety City Clerk Fire Inspector Public Safety Fire Inspector Community Development Public Safety City Clerk Fire Inspector Public Safety City Clerk Fire Inspector Public Safety Fire Inspector City Clerk Fee $85 $85 $85 $85 $60 $60 $505 $60 $325 $60 $60 Type of License: � 3.2% MALT LIQUOR (CONTINUED): SuperAmerica #4207 Michael Rasnak 7449 East River Rd NE Fridley, MN 55432 SuperAmerica #4175 5667 University Ave NE Fridley, MN 55432 Texas Food, Inc 1301 Mississippi St NE Fridley, MN 55432 FOOD 21 S� Century Food & Fuel Inc 7883 East River Rd Fridley, MN 55432 A & W Fridley 7429 East R.iver Rd Fridley, MN 55432 American Legion, Post 303 7365 Central Ave NE Fridley, MN 55432 Ashland Station/ Totem Foods -- 5300 Central Ave NE Fridley, MN 55432 Billiard Street Cafe 7178 University Ave NE Fridley, MN 55432 Broadway Pizza Fridley 6522 University Ave NE Fridley, MN 55432 Cub Foods 250 57th Ave NE Fridley, MN 55432 Dairy Queen 225 Osborne Rd Fridley, MN 55432 Michae� Rasnak Raymond Jedneak Approved By: Public Safety Fire Inspector City Clerk Public Safety Fire Inspector City Clerk Public Safety Fire Inspector City Clerk Yi Thao Public Safety Fire Inspector Community Development George Bichler Madeline Saltness Sikander A-Dar Greg Asproth Jim Kruizenga Kim Erickson Ron Kraus ��� Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspectar Community Development Fee $60 $60 $60 $45 $45 $45 $45 $45 $45 $45 $45 ! t a Type of License: FOOD (CONTINUED): Freedom Valu Center #58 7600 University Ave NE Fridley, MN 55432 Fridley Amoco 7680 Hwy 65 NE Fridley, MN 55432 Fridley VFW Post 363 1040 Osborne Rd NE Fridley, MN 545432 Godfather's Pizza #24501 7910 University Ave NE Fridley, MN 55432 The Ground Round 5277 Central Ave NE Fridley, MN 55432 Holiday Stationstore # 118 200 57`h Ave NE Fridley, MN 55432 Holiday Stationstore #188 5695 Hackmann Ave NE Fridley, MN 55432 Hong Kong Kitchen 6562 University Ave NE Fridley, MN 55432 Joe DiMaggio's Sports Bar 1298 East Moore Lake Dr NE Fridley, MN 55432 KJ's Grille &Bar 8298 University Ave NE Fridley, MN 55432 Knights of Columbus � 6831 Highway 65 Ne Fridley , MN 55432 � Main Event 7820 University Ave NE � Fridley, MN 55432 � David Erickson Mitch Nelson Approved By: Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Ron Saba Public Safety FireInspector Community Development Michael Keays Public Safety Fire Inspector Community Development Richard Armstrong Public Safety Fire Inspector Community Development Donovan Erickson Ltionovan Erickson Karen Kwan George Vespa Kenneth Steis Joe Mercie Public Safety Fire Inspector Community Development Public Sa�ety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety City Clerk Community Development Public Safety Fire Inspector Community Development Fee $45 $45 $45 $45 $45 $45 $45 $45 $45 $45 $45 Wendy Benincasa Public Safety $45 Fire Inspector Community Development 19 Type of License: FOOD (CONTINUED): Maple Lanes 6310 Hwy 65 NE Fridley, MN 55432 McDonalds 244 57�' Ave NE Fridley, MN 55432 McDonalds 8100 University Ave NE Fridley, MN 55432 Mikes Gas and Grocery 6485 East River Rd Fridley, MN 55432 Oasis Market #540 7298 Highway 65 Fridley, MN 55432 Old Country Buffet #2 6540 University Ave NE Fridley, MN 55432 Ozzie's 620 Osborne RD Fridley, MN 55432 Perkins Restaurant & Bakery 7520 University Ave NE Fridley, MN 55432 Pizza Flame 317 Osborne Rd NE Fridley, MN 55432 Preciado's Automotive 6290 Highway 65 NE Fridley, MN 55432 Ricky's Embers America 5400 Central Ave NE Fridley, MN 55432 Sam's Club #6310 8150 University Ave NE Fridley, MN 55432 .8�.' Approved By: Stephen Hane Public Safety Fire Inspector Community Development Mark Wheeldon Public Safety Fire Inspector Community Development Mazk Wheeldon Public Safety FireInspector Community Development Michael DeConcini Public Safety Fire Inspector Community Development Scott Stevens Public Safety Fire Inspector Community Development Kerry Kramp Public Safety Fire Inspector Community Development Rabert Wineman Public Safety� Fire Inspector Community Development Stephanie Moore Public Safety Fire Inspector Community Development Daniel Anderson Public Safety City Clerk Fire Inspector Tony Preciado Public Safety Fire Inspectar Community Development Joseph Rickenbach Public Safety Fire Inspector Community Development Rick Brazile Public Safety Fire Inspector Community Development 2� Fee $45 $45 $45 $45 $45 $45 $�5 $45 $45 $45 $45 $45 , . � � 0 ,` Type of License: FOOD (CONTINUED): Sandee's Restaurant 6490 Central Ave NE Fridley, Mn 55432 Sharx Sports Bar & Nightclub 3720 East River Rd Fridley, MN 55421 Spikers Beach Club 7651 North Hwy 65 Fridley, MN 55432 � Approved By: Gary Braam Public Safety Fire Inspector Community Development Richard DeFoe Patrick Pelstring Stuart Anderson's Cattle Company Patrick Kelvie 5696 University Ave NE Fridley, MN 55432 Shorewood Inn 6161 Hwy 65 NE Fridley, MN 55432 Subway at Moore Lake 1091 E Moore Lake Dr Fridley, MN 55432 Sunshine Pl :c:e Restaurant 5201 Central Ave NE Fridley, MN 55432 SuperAmerica #4199 7299 Highway 65 NE Fridley, MN 55432 SuperAmerica #4207 7449 East River Rd NE Fridley, MN 55432 SuperAmerica #4175 5667 University Ave NE Fridley, MN 55432 Taco Bell #20117 7295 University Ave NE Fridley, MN 55432 � Texas Food, Inc 1301 Mississippi St NE ' Fridley, MN 55432 James Nicklow Peggy Schmitz Tony Bakhtiari : Michael Rasnak Michael Rasnak Michael Rasnak Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safery Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Fee $45 $45 $45 $45 $45 $45 $45 $45 $45 $45 Lee Engler Public Safety $45 Fire Inspector Community Development Raymond Jedneak Public Safety $45 Fire Inspector Community Development 21 Type of License: FOOD (CONTINUED): Target Distribution Center 1090 73`d Ave NE Fridley, MN 55432 University Market-Texaco 7295 University Ave NE Fridley, MN 55432 University Sinclair 6071 University Ave NE Fridley, MN 55432 Wong's Gourmet 1254 East Moore Lake Dr Fridley, MN 55432 TOBACCO 215t Century Food & Fuel Inc 7883 East River Rd Fridley, MN 55432 American Legion, Post 303 7365 Central Ave NE Fridley, MN 55432 Ashland Station/ Totem Foods 5300 Central Ave NE Fridley, MN 55432 Billiard Street Cafe 7178 University Ave NE Fridley, MN 55432 Cub Foods 250 57�' Ave NE Fridley, MN 55432 Freedom Valu Center #58 7600 University Ave NE Fridley, MN 55432 Fridley Amoco 7680 Hwy 65 NE Fridley, MN 55432 � Dave Schreiber Timothy Yocum Michael Johnson Park L Wong Yi Thao Madeline Saltness Sikander A-Dar Greg Asproth Kim Erickson David Erickson Mitch Nelson 22 Approved By: Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Develonment Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Fee $45 $45 $60 $45 $125 $125 $125 $125 $125 $125 $125 _� � . ,' � � � , Type of License: TOBACCO (CONTINUED): Fridley VFW Post 363 1040 Osborne Rd NE Fridley, MN 545432 The Ground Round 5277 Central Ave NE Fridley, MN 55432 Holiday Stationstore # 118 200 57�' Ave NE Fridley, MN 55432 Holiday Stationstore #188 5695 Hackmann Ave NE Fridley, MN 55432 Joe DiMaggio's Sports Bar 1298 East Moore Lake Dr NE Fridley, MN 55432 Main Event 7820 University Ave NE Fridley, MN 55432 Mikes Gas and Grocery 6485 East River Rd Fridley, MN 55432 Oasis Market #540 7298 Highway 65 Fridley, MN 55432 Ozzie's 620 Osborne RD Fridley, MN 55432 Sam's Club #6310 8150 University Ave NE Fridley, MN 55432 Sha� Sports Bar & Nightclub 3720 East River Rd Fridley, MN 55421 B� Approved By: Ron Saba Public Safety Fire Inspector Community Development Richard Armstrong Public Safety Fire Inspector Community Development Donovan Erickson Public Safety Fire Inspector Community Development Donovan Erickson Public Safety Fire Inspector Community Development George Vespa Public Safety Fire Inspector Community Development Wendy Benincasa Public Sa�ety Fire Inspector Community Development Michael DeConcini Public Safety Fire Inspector Community Development Scott Stevens Public Safety Fire Inspector Community Development Robert Wineman Public Safety Fire Inspector Community Development Rick Brazile Public Safety Fire Inspector Community Development Richard DeFoe Public Safety Fire Inspector Community Development 23 Fee $125 $125 $125 $125 $125 $125 $125 $125 $125 $125 $125 Type of License: TOBACCO (CONTINUED): Shorewood Inn 6161 Hwy 65 NE Fridley, MN 55432 � James Nicklow Stuart Anderson's Cattle Company Patrick Kelvie 5696 University Ave NE Fridley, MN 55432 SuperAmerica #4199 7299 Highway 65 NE Fridley, MN 55432 SuperAmerica #4207 7449 East River Rd NE Fridley, MN 55432 SuperAmerica #4175 5667 University Ave NE Fridley, MN 55432 Texas Food, Inc 1301 Mississippi Si NE Fridley, MN 55432 University Market-Texaco 7295 University Ave NE Fridley, MN 55432 University Sinclair 6071 University Ave NE Fridley, MN 55432 RETAIL GASOLINE SALES 21 S` Century Food & Fuel Inc 7883 East River Rd Fridley, MN 55432 Ashland Station/ Totem Foods 5300 Central Ave NE Fridley, MN 55432 Freedom Valu Center #58 7600 University Ave NE Fridley, MN 55432 Michael Rasnak Michael Rasnak Michael Rasnak Raymond Jedneak Timothy Yocum Michael Johnson Approved By: Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Yi Thao Public Safety Fire Inspector Community Development Sikander A-Dar David Erickson 24 Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Fee $125 $125 $125 $125 $125 $125 $125 $125 E, • � $60 $60 �r `_ � �` . , Type of License: � Approved By: Fee RETAIL GASOLINE SALES (CONTINUED): Fridley Amoco Mitch Nelson Public Safety $60 7680 Hwy 65 NE Fire Inspector Fridley, MN 55432 Community Development Holiday Stationstore #118 Donovan Erickson Public Safety $60 200 57`h Ave NE Fire Inspector Fridley, MN 55432 Community Development Holiday Stationstore #188 Donovan Erickson Public Safety $60 5695 Hackmann Ave NE Fire Inspector Fridley, MN 55432 Community Development Mikes Gas and Grocery Michael DeConcini Public Safety $60 6485 East River Rd Fire Inspector Fridley, MN 55432 Community Development Oasis Market #�40 Scott Stevens Public Safety $60 7298 Highway 65 Fire Inspector Fridley, MN 55432 Community Development SuperAmerica #4199 Michael Rasnak Public Safety $60 72Q9 Highway 6S NE Fzre Insnector Fridley, MN 55432 Community Development SuperAmerica #4207 Michael Rasnak Public Safety $60 7449 East River Rd NE Fire Inspector Fridley, MN 55432 Community Development SuperAmerica #4175 Michael Rasnak Public Safety $60 5667 University Ave NE Fire Inspector Fridley, MN 55432 Community Development Texas Food, Inc Raymond Jedneak Public Safety $60 1301 Mississippi St NE Fire Inspector Fridley, MN 55432 Community Development University Market-Texaco Timothy Yocum Public Safety $60 7295 University Ave NE Fire Inspector Fridley, MN 55432 Community Development University Sinclair Michael Johnson Public Safety $60 _' 6071 University Ave NE Fire Inspector Fridley, MN 55432 Community Development 25 Type of License: B�s BILLIARDS American Legion, Post 303 Madeline Saltness 7365 Central Ave NE Fridley, MN 55432 Billiard Street Cafe Greg Asproth 7178 University Ave NE Fridley, MN 55432 Fridley VFW Post 363 Ron Saba 1040 Osborne Rd NE Fridley, MN 545432 Main Event Wendy Benincasa 7820 University Ave NE Fridley, MN 55432 Sharx Sports Bar & Nightclub Richard DeFoe 3720 East River Rd Fridley, MN 55421 Spikers Beach Club Patrick Pelstring 76S 1 North Hwy 65 Fridley, MN 55432 TREE REMOVAL AND TREATMENT Arbor Design Tree Service Donald Lawrence P.O. Box 290298 Brooklyn Park, MN 55429 Central Mn Tree Service James Savre 144 Satelite Lane NE Fridley, MN 55432 Jim's Tree Service James Nelson 4356 Monroe St Col. Hgts, MN 55421 North Wood Co Patrick Gessell 830 113`h Ave NE Blaine, MN 55434 26 Approved By: Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety FireInspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Works Public Works Public Works Public Works Fee $40 $380 $40 $50 $90 $70 $40 $40 $40 $40 E , ,' � . I y � � Type of License: � Approved By: TREE REMOVAL AND TREATMENT (CONTINUED): Northeast Tree & Timber George Welles Public Works 2527 Jackson St NE Mps. MN 55418 Rainbow Tree Company 2239 Edgewood Ave S St. Louis Park, MN 55128 Reliable Tree Service 6600 Brookview Dr Fridley, MN 55432 FIREARMS Stanton O. Berg Firearms Consultant 6025 Gardens Lane NE Fridley, MN 55432 REFUSE HAULERS Ace Solid Waste 6601 McKinley St NW Ramsey, MN 55303 Armor Waste Systems 3291 Terminal Dr Eagan, MN 55121 Aspen Waste Systems, Inc 2523 Wabash Ave St. Paul, MN 55114 BFI of the Twin Cities, Inc 8661 Rendova St Circle Pines, MN 55014 Boone Trucking, Inc 1516 Marshall St NE Mpls, MN 55413 Keith Krupenny & Son Disposal 1214 Hall Ave West St. Paul, MN 55118 Lori Mordannt Public Works Peter Vagovich Public Works Stanton O. Berg Public Safety Andrew Schweizer Public Safety ' Fire Inspector Community Development Wayne Schmidt Public Safety Fire Inspector Community Development Robert Kircher Public Safety Fire Inspector Community Development Chris VanHofiuegen Public Safety Fire Inspector Community Development Joseph Boone Public Safety Fire Inspector Community Development Keith Krupenny Public Safety Fire Inspector Community Development 27 Fee $40 $40 $40 $25 $75 $75 $120 $195 $60 $60 Type of License: B� REFUSE HAULERS (CONTINUED): Larry's Quality Sanitation 17210 Driscoll St NW Ramsey, MN 55303 Pretzel's Sanitation Inc 15323 Ramsey Blvd Anoka, MN 55303 Randy's Sanitation, Inc 4351 U.S. Highway 12 SE Delano, MN 55328 Approved By: Lawrence Saba Public Safety Fire Inspector Community Development Lawrence Plessel Public Safety Fire Inspector Community Development Randall Roskowiak Public Safety Fire Inspector Community Development Walters Recycling & Refuse George Walter Public Safety 2830 101st Ave NE Fire Inspector Blaine, MN 55434 Community Development Waste Management of Minnesota Roger Kern Public Safety 10050 Naples St NE Fire Inspector Blaine, MN 55449 Community Development HOTEL/ MOTEL Best Western Kelly Inn 5201 Central Ave NE Fridley, MN 55432 Budget Host Inn 6881 Hwy_65 NE Fridley, MN 55432 BOWLING ALLEY Susie Bradley Divyesh Bhakta Maple Lanes Stephen Hane 6310 Hwy 65 NE Fridley, MN 55432 USED MOTOR VEHICLES A-E Auto Sales 990 Osborne Rd NE Fridley, MN 55432 Copart Salvage Auto Auctions 3737 East River Rd Fridley, MN 55432 Samir Awaijane Paul Styer : Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Public Safety Community Development Public Safety Community Development Fee $60 E�•� $165 $60 $165 $600 $240 $350 $150 $150 h . � k �� . �. Type of License: � USED MOTOR VEHICLES (CONTINUED): Friendly Chevrolet Roger Moody 7501 Highway 65 NE Fridley, MN 55432 MOTOR VEHICLE BODY REPAIR Abra Auto Body & Glass 7710 University Ave NE Fridley, MN 55432 Beech Street Collison, Inc 7869 Beech St NE Fridley, MN 55432 Friendly Chevrolet 7501 Highway 65 NE Fridley, MN 55432 Maaco Auto Painting 148 Osborne Rd Fridley, MN 55432 Sam's Auto Body, Inc 7570 Highway 65 NE Fridley, MN 55432 PAWN SHOPS Cash & Pawn 201 57`h Ave NE Fridley, MN 55432 Pawn America 1031 East Moore Lake Drive Fridley, MN 55432 JUNK YARD Fridley Auto Parts 7300 Old Central Ave Fridley, MN 55432 PRIVATE GAS PUMP Park Construction 7900 Beech St NE Fridley, MN 55432 Steve Ryan Elizabeth Petty Roger Moody Ronald Wuchko Samir Awaijane Alan Cross Bradley Rixman Derek Haluptzok Bruce Carlson 29 Approved By: Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Public Safety Public Safety Fire Inspector Community Development Building Inspector Public Safety Fire Inspector Community Development Fee $250 $150 $150 $250 $150 $150 $3000 $3000 $350 $30 Type of License: � TEMPORARY ON-SALE LIQUOR LICENSE Totino-Grace High School 1350 Gardena Avenue NE Fridley, MN 55432 (For 4/28/O1 and 11/17/O1) Approved By: Greg Balego Public Safety 30 Fee $25 �t f` �' a , � . � � � . f CRY OF FRIDLEY Carl J. Newquist, Esq. Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 AGENDA ITEM CITY COUNCIL MEETING OF APRIL 9, 2001 ESTIMATES Services Rendered as City Prosecuting Attorney for the Month of January, 2001 ............................. Frederic W. Knaak, Esq. I-�olstad and Knaak, P.L.C. 1690 Minnesota World Trade Center 30 East Seventh Street St. Paul, MN 55101 Services Rendered as City Attorney for the Month of March, 2001 .................................. Greystone Construction Company 1221 East Fourth Avenue Shakopee, MN 55379 ........................................... $17,172.00 .........................:............................ $ 5,000.00 Filter Plant Access Platform Project No. 336 EstimateNo. 1 ..................................................................................................... 31 $58,557.05 . � CfTY OF FRIDLEY TO: FROM r* ! AGENDA ITEM CITY COUNCIL MEETING OF APRIL 9, 2001 William W. Burns, City Manager �� ,� Scott J. Hickok, Community Development Director Grant Fernelius, Housing Coordinator DATE: April 5, 2001 SUBJECT: Public Hearing for Modification to TIF District No. 9 I�ITRODUCTION Staff and the Housing and Redevelopment Authority ask that the City Council hold a �public hearing to consider modification of the boundaries of Tax Increment Financing District Number 9. The purpose of this modification is to eliminate the Onan parcel from the District and to thereby preserve the Increment generated by the addition of the Murphy Warehouse project. A schedule was adopted by the HR.A at their March meeting; Jim Casserly's office has prepared a resolution for Council and Authority consideration. Since a geographic modification to a Tax Increment Finance District is recommended, this hearing was set for consideration of this item by the City Council. Timing for this modification is a critical issue. After April 30, 2001, TIF Districts may not be able to be modified due to pending legislation. The HRA held its public hearing on this issue on April 5, 2001 and recommended approval of the district modification resolution (attached). ISSUE Tax Increment District plans for District 9 will require boundary modification. Staff has investigated this issue and determined that a modification to reflect a reduction in TIF District 9's geographic area is essential. By eliminating PIN 12-30-24-41-0003, containing the Onan Manufacturing facility, the City's best interest will be protected. Since the creation of District 9, Onan has experienced a$4 million reduction in tax value. Therefore, all increment created by the 32 �R Tax Increment Finance District 9 Apri15, 2001 PAGE 2 Murphy project would be necessary to bring Onan and the District back, monetarily, to where it was at the time of the creation of the district. By redefining district boundaries, the Authority/City preserves funds created by the Murphy project and does not suffer from a reduced value on the Onan parcel. RECOMMENDATION Staff recommends that the City Council hold its public hearing on this matter and receive public comment. M-00-37 33 . RESOLUTION NO. A RESOLUTION MODIFYING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 9 TO REFLECT A REDUCTION OF THE GEOGRAPHIC AREA OF THE DISTRICT BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, ("City Council") as follows: Section 1. Recitals. 1.01. It has been proposed that the City Council modify, approve and adopt a Modified Tax Increment Financing Plan for Tax Increment Financing District No. 9(the "TIF District") located within Redevelopment Project No. 1(the "Project Area") to reflect a reduction of the TIF District's geographic area, pursuant to Minnesota Statutes, Section 469.174 through 469.179, inclusive, as amended and supplemented from time to time. 1.02. The City Council has investigated the facts and has caused to be prepared with respect thereto a Modified Tax Increment Financing Plan for the TIF District (the "Modified Tax Increr�ent Financing Plan") to reflect a reduction of the TIF District's geographic area by removal of the following parcel: PIN 12-30-24-41-0003, generally containing the Onan manufacturing facility 1.03. The City Council has performed atl actions required by law to be performed prior to the modification, approval and adoption of the Modified Tax Increment Financing Plan. 1.04. The City Council hereby determines that it is necessary and in the best interests of the City and the Housing and Redevelopment Authority at this time to modify, approve and adopt the Modified Tax Increment Financing Plan to reflect a reduction of the TIF District's geographic area. Section 2. Findings. 2.01. The City Council hereby finds that the Modified Tax Increment Financing Plan conforms to the general plan for the development and redevelopment of the City as a whole in that it is consistent with the City's comprehensive plan. 34 . �. ,_ r . � ♦ i` � ' Page 2 - Resolution No. � ` � .� .. 2.02. The City Council further finds that the Modified Tax Increment Financing Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of the Project Area. 2.03. The City Council further finds that no additional property within the City will be included in the TIF District as a result of the proposed modification. Section 3. Modification, Approval and Adoption of Modified Tax Increment Financing Plan. 3.01. The Modified Tax Increment Financing Plan reflecting a reduction of the TIF District's geographic area is hereby approved and adopted by the City Council of the City of Fridley. Section 4. Filing of Plans. 4.01. Upon approval and adoption of the Modified Tax Increment Financing Plan, the City Council and Housing and Redevelopment Authority shall cause said Plan to b� filed with the Commissioner of Revenue. PASSED AND ADOPTED BY THE CITY COUNCIL IN AND FOR THE CITY OF FRIDLEY, MINNESOTA THIS _._ DAY OF ______, 2001. ATTEST: DEBRA A. SKOGEN — CITY CLERK SCOTT J. LUND - MAYOR 35 . � QTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF APRIL 9, 2001 I NFORMAL STA 7'US REPORTS ��'J :1 ; � . 1 � I � . .,s ,. RESOLUTION NO. A RESOLUTION MODIFYING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 9 TO REFLECT A REDUCTION OF THE GEOGRAPHIC AREA OF THE DISTRICT. BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01 It has been proposed by the Housing and Redevelopment Authority (the "Authority") that the Council modify, approve and adopt a Modified Tax Increment Financing Plan (the "Modified Tax Increment Financing Plan") for Tax Increment Financing District No. 9(the "TIF District") located within Redevelopment Project No. 1(the "Project Area") to reflect a reduction of the geographic area of the TIF District, pursuant to and in accordance with Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended and supplemented from time to time. 1.02 The Authority has caused to be prepared, and this Council has investigated the facts with respect thereto, a Modified Tax Increment Financing Plan for the TIF District to reflect a reduction of the TIF District's geographic area by removal of the following parcel: PIN 12-30-24-41-0003, generally containing the Onan manufacturing facility 1.03. The Council has performed all actions required by law to be performed prior to the modification, approval and adoption of the Modified Tax Increment Financing Plan. 1.04. The Council hereby determines that it is necessary and in the best interests of the City and the Authority at this time to modify, approve and adopt the Modified Tax Increment Financing Plan to reflect a reduction of the geographic area of the TIF District. Section 2. Findings. 2.01. The Council hereby finds, determines and declares that the Modified Tax Increment Financing Plan conforms to the general plan for the development and redevelopment of the City as a whole in that it is consistent with the City's comprehensive plan. Page 2 — Resolution No. 2.02. The Council further finds, determines and declares that the Modified Tax Increment Financing Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of Project Area. 2.03. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for its determinations with respect to the Modified Tax Increment Financing Plan. Section 3. Modification. Approval and Adoption of Modified Tax Increment Financinq Plan. 3.01. The Modified Tax Increment Financing Plan reflecting a reduction of the TIF District's geographic area is hereby approved and adopted by the Council of the City. Section 4. Filing of Plans. 4.01. Upon approval and adoption of the Modified Tax Increment Financing Plan, the Authority shall cause said Plan to be filed with the Commissioner of Revenue and with the Anoka County Auditor. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, THIS DAY OF , 2001. SCOTT LUND MAYOR ATTEST: DEBRA SKOGEN CITY CLERK CERTIFICATION I, Debra Skogen, the duly qualified Clerk of the City of Fridley, County of Anoka, Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. passed by the City Council on the day of , 2001. Debra Skogen City Clerk G:\WPDATA\F\FRIDLEY\60\TIF\CITY RES RE PROGRAM MOD.DOC