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02/09/2004 - 00026459CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES FEBRUARY 9, 2004 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 Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. PROCLAMATION: Fridley Lions Club Month — February, 2004 Mayor Lund read a proclamation declaring the month of February, 2004, as Fridley Lions Club Month. He thanked the Lions Club for its years of service. Mr. Craig Gordon, thanked the City Council for the proclamation. PRESENTATION: Heart Safe Community Initiative Ms. Renee Long, Fridley firefighter, said the Fire Department had teamed up with Independent School District 14 in an effort to raise funds to place AEDs on every fire truck and in every school. Councilmember Barnette asked what the program involved. Ms. Long said sudden cardiac arrest was one of the leading causes of death in the United States. The most effective treatment for cardiac arrest was electric shock to the heart. The shock was administered by an automated e�ternal defibrillator or AED. They were simple, inexpensive and easy to use devices. Defibrillation was only effective if applied quickly, within 3 to 5 minutes. The Heart Safe Community was a program initiated by Allina Medical Transportation. The goal of the Heart Safe Community Initiative was to save lives by increasing access to the AEDs. Dr. William Burns, City Manager, asked how Allina Medical Transportation was involved. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 2 Ms. Long said staff from Allina assisted with the fundraising information and was helping them look for grant money. She said the Fire Department was capable of getting Mercy/LJnity Foundation fundraising grants. They had 50 percent matching grants available to any first responding agency in Anoka County. The majority of the money would come from fundraising. Councilmember Bolkcom asked how much money they needed to raise. Ms. Long said the cost of each AED was approximately $2,500. Between the schools, the Fire Department and the City buildings, it would cost about $37,000. Ms. Long said donations could be sent to the Fire Department in care of the Fridley Heart Safe Community Project. StarGazers Progr�am Ms. Margaret Leibfried, Principal of the Fridley Middle School, said this was the 2"d annual program and it was a fundraiser for the arts. A short videotape was shown. She said it would be a night of celebration, fun and amazing talent in the areas of art, drama and music. Last year they raised $10,000 and all of the money was put into the arts. With that money, they were able to buy costumes for their pop singers, hire an accompanist for their 90 person choir and buy a new potter's wheel for their art class at the high school. Any contribution would be much appreciated. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 5, 2004. APPROVED. OLD BUSINESS: 1. ORDINANCE NO. 1185 AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO S-3, ONAWAY DISTRICT, SCREENING OF SOLID WASTE. Dr. William Burns said this ordinance was an amendment to Chapter 205 of the Fridley City Code. It eliminated screening requirements for dumpsters that were accessed by alleys in the Onaway District. Staff recommended Council's approval. WAIVEDTHE READING AND ADOPTED ORDINANCE NO. 1183 ON SECOND READING AND ORDERED PUBLICATION. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 3 NEW BUSINESS: 2. FIRST READING OF AN ORDINANCE AMENDING FRIDLEY CITY CODE, CHAPTER 3, PERSONNEL, RELATED TO SEVERANCE PAY. Dr. William Burns, City Manager, said that Chapter 3 of the Fridley City Code allowed severance pay to employees hired before September 1, 1978. This ordinance clarified that the benefit applied to full-time employees. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 3. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 107, FIRE DEPARTMENT, OF THE FRIDLEY CITY CODE PERTAINING TO DEPARTMENT OFFICERS. Dr. William Burns, City Manager, said the ordinance corrected the wording of Chapter 107 of the Fridley City Code by eliminating references to the Deputy Fire Chief and adding references to the Assistant Fire Chief and Fire Marshall. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 4. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 108, FIRE PREVENTION, AND ADOPTING A NEW CHAPTER 108, FIRE PREVENTION, OF THE FRIDLEY CITY CODE PROVIDING FOR THE ADOPTION OF THE MINNESOTA STATE FIRE CODE. Dr. William Burns, City Manager, said the ordinance adopted the 2003 version of the State Fire Code. It also added language that allowed Fire Department officials to enforce the law as it related to deliberate or negligent burning, removal or tampering with equipment, fires or barbecues on patios or balconies, and fire access road. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 5. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE FRIDLEY CODE PERTAINING TO CLANDESTINE DRUG LAB AND CHEMICAL DUMP SITES. Dr. William Burns, City Manager, said the ordinance was requested by the Anoka County Health Department. It provided definitions, established notification requirements of the City and the property owner, identified other responsibilities of the property owner, FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 4 established property owner responsibilities for costs, provided for recovery of city costs, and established an appeal process whereby Council had authority to hear appeals from property owners. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 6. VARIANCE EXTENSION REQUEST, VAR #03-14, BY PARIDON COLSTROM, TO REDUCE THE REAR YARD SETBACK ON A DOUBLE FRONTAGE LOT FROM 34 FEET TO 7 FEET TO RECOGNIZE AN EXISTING NONCON- FORMITY, GENERALLY LOCATED AT 5750 MADISON STREET N.E. Dr. William Burns, City Manager, said that on July 28, 2003, Council approved a rear yard setback variance for Paridon Colstrom with the condition that a gap in the screening fence along Jefferson Street had to be filled. The condition had not been met within the required six months. Mr. Colstrom asked for a 120-day e�tension. Staff recommended approval with the understanding that if the gap in the fence was not filled by May 27, 2004, the City would begin the process for removal of the shed which encroached on the setback for the property. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. RESOLUTION NO. 2004-10 AUTHORIZING AN APPLICATION FOR THE 2004 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Dr. William Burns, City Manager, said the application would allow the City to provide a series of four public workshops related to the possible amendment of the Housing Chapter of the City's Comprehensive Plan. The workshops would provide an overview of housing trends and housing composition in Fridley, an overview of federal and state law as it related to the City's land use decisions, an examination of the current Housing Chapter of the Comprehensive Plan in light of housing needs in Fridley and the legal constraints the City faced, and a public discussion of the City's role in the provision of affordable housing opportunities. If funded the grant would provide $15,000. Another $15,000 from the City's Section 8 Housing Program balance would be used for this purpose. He said they learned prior to the Council meeting that it was not likely that the Anoka County HRA would fund this program. In any event, staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 8. RESOLUTION NO 2004-11 ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: NORTH PARK NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2004 — 1. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 5 Dr. William Burns, City Manager, said the proposed project would improve Lynde Drive between Polk Street and Regis Drive, Regis Terrace between Regis Drive and Regis Trail, Regis Trail from Regis Lane, and the East University Avenue Service Drive between Mississippi Street and 61st Avenue. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 2004-11. 9. RESOLUTION NO. 2004-12 RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: NORTH PARK NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2004 — 1. ADOPTED RESOLUTION NO. 2004-12. 10. RESOLUTION NO. 2004-13 REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR OTHER LOCAL USE. ADOPTED RESOLUTION NO. 2004-13. 11. RESOLUTION NO. 2004-14 ORDERING ADVERTISEMENT FOR BIDS: 2004 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 355. Dr. William Burns, City Manager, said the resolution covered the remedial sidewalk, pavement, and curb repair and replacement. Much of the work was due to utility repairs. In 2003, the repairs cost all funds $40,407. A similar amount was budgeted in those funds for 2004. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 2004-14. 12. CLAIMS. APPROVED CLAIM NOS. 115146 THROUGH 115319. 13. LICENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 14. ESTIMATES. APPROVED THE FOLLOWING ESTIMATE: Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374-9461 2003 Street Reconstruction: Marion Hills Project No. ST. 2003 - 1 Estimate No. 7 $ 3,000.00 FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 6 APPROVAL OF PROPOSED CONSENT AGENDA. Dr. Burns recommended approval of the consent agenda. Councilmember Bolkcom asked that Item Nos. 6 and 7 be removed from the consent agenda and placed on the regular agenda. MOTION by Councilmember Barnette to adopt the proposed consent agenda with the removal of Item Nos. 6 and 7 to the regular agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA. MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item Nos. 6 and 7. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Ms. Joanne Zmuda, 6051 Fourth Street N.E., and a member of the Concerned Citizens for Fridley, said she had a number of issues to bring before Council. The first issue was zoning. A number of residents mentioned a moratorium on zoning. She asked if it occurred by Council vote or by petition. Profitmax would be before the Planning Commission on February 18, 2004, to try to rezone the area across the street from Sandee's Restaurant. She read the following paragraph from the Plan 2030 of the Metropolitan Council: Once a community adopts its comprehensive plan, state law does not allow it to adopt any zoning ordinance, fiscal device or other official control that conflicts with its comprehensive plan or which permits activity in conflict with metropolitan system plans (Minn. Stat. 473.858; 473.865). Any local zoning ordinance or other local control that conflicts with the community's local comprehensive plan or metropolitan system plans must be brought into conformance with the plan within nine months (Minn. Stat. 473.865). Ms. Zmuda said staff should have to live in Fridley if they were in positions of decision-making. With respect to cutting City costs, she did not know too much about the Brandes Place project, but thought that maybe that could be put on hold for the time being. The Remodeling Coordinator position was not used very much and it was a paid position. The Recycling Coordinator position was not necessary. The newsletter was very nice, but the ink they used smelled. She asked what it cost the City to publish the newsletter six times per year. She asked why they did not do the newsletter on regular newspaper and in black and white. Ms. Zmuda said with respect to the development near Sandee's, it was stated to residents that it would be for people 55 years and older, and a majority of the residents would be from Fridley. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 7 She asked how they were going to keep track. She asked what promises were made by Profitmax and how changes would be made after the fact. She asked if there would be a public hearing on the 911 fee. If they were trying to attract citizens 55 and older into the area, she did not think it was very friendly Fridley. She said she hoped Council would keep this in mind and pay more attention to their constituents. The Mayor said they would take her comments under advisement. Mr. Donald Anderson, 7304 West Circle N.E., said some of the sidewalks by Fireside Road and Old Central were not plowed. Mr. Jon Haukaas, Public Works Director, said Mr. Anderson was referring to bituminous paths and per the City's snowplowing policy, only concrete sidewalks were plowed. Councilmember Bolkcom asked if they had plowed them in the past. Mr. Haukaas said they had not. NEW BUSINESS: 6. VARIANCE EXTENSION REQUEST, VAR #03-14, BY PARIDON COLSTROM, TO REDUCE THE REAR YARD SETBACK ON A DOUBLE FRONTAGE LOT FROM 34 FEET TO 7 FEET TO RECOGNIZE AN EXISTING NONCON- FORMITY, GENERALLY LOCATED AT 5750 MADISON STREET N.E. (WARD � Councilmember Bolkcom said she was okay with granting the e�tension, but asked Mr. Colstrom not to request another e�tension. She said she was going on the record to let him know that he needed to get his property cleaned up and be a good neighbor. Mr. Colstrom said he planned on taking care of everything. MOTION by Councilmember Ann Bolkcom to approve Variance E�tension Request, VAR #03-14, by Paridon Colstrom. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RESOLUTION NO. 2004-10 AUTHORIZING AN APPLICATION FOR THE 2004 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Councilmember Ann Bolkcom asked if staff could report on their meeting with Anoka County. Dr. William Burns, City Manager, said that Grant Fernelius reported that the Anoka County HRA Technical Advisory committee met on the allocation of the 2004 CDBG money. A total of 61 FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 8 applications representing $3.5 million were received. The City's application was not recommended. Mr. Scott Hickok, Community Development Director, said the Committee selected the items they wanted to fund. Dr. Burns said staff was going to try to do the proj ect with $15, 000 they thought they had on hand from a Section 8 surplus. Mr. Hickok said some money was there, and they would make the program work. Dr. Burns asked if there was a reason to approve the resolution. Mr. Hickok said it solidified what they did and closed the record. Councilmember Bolkcom said the application was for funding for workshops related to affordable housing and life-cycle housing. She asked if there were some other funds for the workshops. Mr. Hickok said what they planned to do was to proceed with the program although the budget would be 50 percent lower. They would try to put together the details on the workshops by the conference meeting in April. MOTION by Councilmember Bolkcom to adopt Resolution No. 2004-10. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 15. CONSIDERATION OF ISSUING AN ON-SALE INTOXICATING LIQUOR LICENSE TO DAVID W. REIMER OF SANDEE'S OF FRIDLEY. L.L.C.. DB/A MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Richard Pribyl, Finance Director, said the public hearing was for an on-sale liquor license for Sandee's Cafe, located 6490 Central Avenue N.E. The property was acquired by Town Center Development, LLC. The business would operate as it had in the past. The Public Safety Department reviewed the application and found no reason to deny the request. The applicant was David Reimer, President of Town Center, and a representative was at the meeting if there were any questions. Staff provided a copy of the City ordinance that included the stipulations that went FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 9 along with the license to Mr. Reimer. The ownership change was scheduled to occur on February 27. The public hearing notice was published in the Focus on February 5, 2004. The final approval of the license was currently scheduled for February 23, 2004. Councilmember Billings asked if Town Center Development was a limited liability company and said it was a different company than Sandee's of Fridley, LLC. Mr. Richard Whinnery, one of the owners of Town Center Development, agreed. He said Sandee's of Fridley was the new company running the restaurant. They assigned three people who were in Town Center Development. Councilmember Billings asked what kind of experience the three individuals had in the on-sale restaurant business. Mr. Richard Whinnery said they owned the River Inn in Monticello, Minnesota. He said he was in the pizza business for fifteen years, and one of their partners owned two or three restaurants in the Robbinsdale area. They obtained a manager who had been with Applebee's for thirteen years. The assistant manager had been with the River Inn for the last thirteen years. Councilmember Billings said that while it was a separate limited liability company, the principals of Sandee's of Fridley, LLC, were the same as the principals of the organization that was running the River Inn in Monticello. He asked if Mr. Whinnery was aware of the ordinances that required certain percentages of food and liquor to overall sales. Mr. Whinnery said he was. Councilmember Billings asked if they anticipated having any problems meeting the requirements. Mr. Whinnery said he did not. Councilmember Billings asked what types of changes, other than possible menu changes, they envisioned for the establishment. Mr. Whinnery said it would continue as a family restaurant. They would remodel the existing building, do some work on the outside, do some landscaping, tear down the buildings in the back, redo the window and roof area of the building and make it more presentable. They would be submitting the plans for that with the plans for the senior complex. Councilmember Billings asked if they were aware of the requirement that all managers, assistant managers and temporary managers needed to have a manager's license and go through a background check. Mr. Whinnery said he was and thought that had already been submitted. Councilmember Barnette asked if there was a timetable. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 10 Mr. Whinnery said they would continue to operate the restaurant. The remodeling would start in mid-summer. Hopefully, the restaurant would remain open most of the time, but there would be periods of a week or two when it would have to be shut down. Ms. Joanne Zmuda, 6051 Fourth Street N.E., asked where the Tamarisk building would be moved. Mr. Whinnery said they had not found a place to move the building to, but there were a few people who were interested in the building. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 16. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE FRIDLEY CITY CODE SETTING SERVICE CHARGES FOR EMERGENCY RESPONSE CALLS. Mr. John Berg, Fire Chief, said this ordinance would establish new fees for emergency response. It was in response to state aid cutbacks. They addressed several areas they felt they could protect their firefighters and recover some of their costs. The areas they identified were motor vehicle accidents, vehicle fires and fires along the railroad right-of-way, grass fires along the trunk highway right-of-way and technical rescue which involved training and specialized equipment, underground pipeline utility breaks, hazardous materials, and fires as a result of negligence. Mayor Lund asked for a brief synopsis of the proposed fees. Mr. Berg said the only fees that were new were the fees for response to motor vehicle accidents. Motor vehicle accidents were probably one of their most dangerous responses and involved a lot of technical training. With the new vehicle safety systems, vehicles had become more dangerous to firefighters, paramedics and police officers. The equipment they used was costly. Vehicle fires had also become more dangerous. The majority of the calls were non-resident. Pipeline utility breaks are required to be reported and they are required to respond. The other items in the ordinance were items they had been billing for under State statutes for a number of years. State statutes allowed them to bill for those types of calls, but the State legislature said it had to be adopted by ordinance and a reasonable fee schedule and a means of billing had to be established. Councilmember Barnette asked if they had received a response from the insurance companies. Mr. Berg said he had not contacted insurance companies. One of the other fire chiefs in the area did some research and found that there were a number of insurance companies that did cover those types of calls. He said there was proposed legislation that would require insurance companies to pay for those things. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 11 Councilmember Bolkcom asked how much it would cost per incident. Mr. Berg said the only two with actual fees would be vehicle accidents and vehicle fires. The fee would be $400. Councilmember Bolkcom said if there were two different motor vehicles involved in an accident, they would share the $400. Mr. Berg said only if they provided a service. Councilmember Bolkcom asked what would happen if her car was on fire and she told them to leave because she did not want to pay the $400. Mr. Berg said that under State statute they had a right to e�tinguish the fire to protect the public. Councilmember Bolkcom asked what would happen if the car was just smoking. Mr. Berg said it depended on the situation. If it was just steam from the radiator, they probably would help her get off the roadway and then leave. Councilmember Bolkcom asked how many vehicle accidents and vehicle fires they responded to. Mr. Berg said they averaged around 100 motor vehicle accidents every year and responded to 40 vehicle fires every year. Councilmember Bolkcom said that Mr. Berg said that Spring Lake Park, Blaine, Mounds View and Edina have already been doing this for some time. Mr. Berg said that Spring Lake Park, Blaine and Mounds View have been doing it for more than five years. To the best of his knowledge they did not have any issues with it. Councilmember Bolkcom said if someone did not have insurance, they would be billed directly. Mr. Berg agreed. Councilmember Bolkcom asked when the ordinance would go into effect. Mr. Richard Pribyl, Finance Director, said after the second reading, it would be published, and twelve days after publication, the ordinance would become effective. Councilmember Bolkcom asked if there was an appeal process. Mr. Berg said there was not an appeal process written into the ordinance. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 12 Attorney Fritz Knaak, City Attorney, said it was not an uncommon ordinance. Most insurance companies did cover those types of costs. In instances where there was none or where there was a hardship, it might be possible to waive the charge Ms. Joanne Zmuda, 6051 Fourth Street N.E., asked if it was a car accident where someone was having a heart attack. Would they have to pay $400 to be taken to the hospital. Mr. Berg said that was a different issue. Allina would charge for that. MOTION by Councilmember Bolkcom to waive the reading and adopt the ordinance on first reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE FRIDLEY CITY CODE REGARDING ULTIMATE WRESTLING AND ESTABLISHING FEES. Mr. David Sallman, Public Safety Director, said a few years ago, there were some ultimate fighting contests around the City. At the time it seemed like something more appropriate for the State to deal with. A citizen complained and the City received a few letters. They included a question in the 2003 Council/Commission survey asking if they should propose legislation relative to regulating those events and received an overwhelming response that they should. Fourteen states either ban or severely restrict these types of competitions. The competitions go by different names, but they were trying to deal with the activity itself. They tried to put some restraints on licensing in an attempt to stop those events that may not be in the best interests of the City. They used a model ordinance from Illinois. A similar ordinance was adopted by West St. Paul and Bloomington. He spoke with Mr. Reilly about mixed martial arts and did not receive Mr. Reilly's request until February 6. They would need to conduct some additional research. He said they also recommended that the events be excluded from places that served alcohol. Several had been held in the City and there were some incidents. Mr. Reilly made the argument that they served beer at football and baseball games, but it was 3-2 beer and they were cut off in the third quarter and the 7tn inning. Those games were at a professional sports stadium and the primary reason for going there was to watch professional sports. A bar was a licensed establishment that happened to be holding an exhibition or fighting contest. Councilmember Billings said in the ordinance there were a couple of references to Chapter 11 of the City Code. One was in Section 132.15. He asked if that was correct. Mr. Sallman said that may have been included in that section mistakenly. Councilmember Billings asked what section provided for background checks on the promoter. Mr. Sallman said it was probably that section. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 13 Councilmember Billings said if the City chose to embark on this course, one of the things the Police Department recommended was background checks on the promoters of the event. Mr. Sallman agreed. Councilmember Barnette said the Minnesota State Boxing Commission was no longer in operation. He asked if there was any state regulatory body that regulated the mixed martial arts, ultimate fighting, etc. Mr. Sallman said he was unable to find anything that regulated ultimate fighting. Councilmember Bolkcom asked if the ordinance was for ultimate wrestling or mixed martial arts. Mr. Sallman said it did not matter what terminology was used. What was more important was the rules of the contest. Were there weight classes? Were they making sure the contestants were evenly matched? Was there a doctor on hand? Councilmember Bolkcom said in the ordinance it stated that no persons under the age of 18 may be permitted to attend an ultimate wrestling match, but asked if they were referring to everything. Mr. Sallman said they were talking about anything that was licensed under the ordinance. Mayor Lund said mixed martial arts should be listed under the definition section of the proposed ordinance. Councilmember Bolkcom asked if an establishment serving liquor wanted to hold an event, could they hold it in a totally separate area where no liquor was served. Mr. Sallman said they could not. They would not support any splitting up of a licensed establishment. That would create other problems. Councilmember Bolkcom said their recommendation was that it be held someplace where no liquor was served. Mr. Sallman agreed. Councilmember Bolkcom asked if any other communities had adopted an ordinance. Mr. Sallman said Bloomington had, but he did not know who else in Minnesota had. Some states banned some of these activities. Councilmember Barnette asked how an organization would become sanctioned. Mr. Sallman said there were professional associations that were named in the ordinance they used as a model. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 14 Councilmember Barnette asked how many events had been held in the last few years in Fridley. Mr. Sallman said he was not sure. He was aware of five or six. Councilmember Billings said that in the definition of "combative sports," there was definition of "martial arts." He said before the ne�t reading of the ordinance, it should be determined if that needed to be a definition by itself. Mr. Sallman said the intent was to try to provide some sort of framework so that there was some regulation of the events. He said they did not have much experience in this area and would have to do more research. Mr. Mike Reilly, 4716 Oxborough Lane, Bloomington, said he e-mailed some information and had some information to hand out. Ms. Dee Dee Hurst, 10350 Grouse Street N.W., Coon Rapids, General Manager of the Minnesota Sports Cafe, asked if there was just one incident in which someone complained. Mr. Sallman said they received an e-mail several years ago together with some additional materials. Ms. Hurst said she had been the General Manager of the Minnesota Sports Cafe for over two years. They have held numerous events, from boxing to ultimate fighting, and wanted to hold other events. In the two years, she said she could recall only one incident. She said they generated sales from those events and area businesses also benefited. Mr. Reilly said the people present at the meeting represented a growing population of people who were very passionate about their sport. He wanted to make a clear distinction between mixed martial arts and others. Mixed martial arts was a sport with clearly set rules. He said his fighters have fought in sanctioned shows across the country and they run much better and there was a much higher quality of production. Frequently, mixed martial arts had been confused with "toughman" or other no-skill combat arts. There had not been a single death in the sport of mixed martial arts, in North or South America. The wording of the ordinance demonstrated some of the confusion. It referred to "Ultimate Wrestling." Ultimate Wrestling and Ultimate Fighting were brand names of a promotion. They were not the name of a sport. He said he included suggestions for proper terminology in the material he gave to Council. The safety record of mixed martial arts was unmatched by any other contact sport. Nearly 85 percent of all matches end in voluntary submission of one of the competitors. At local levels, competitions generally ended under three minutes. He not only promoted shows, but trained fighters, and he would not allow them to engage in a no-holds barred fight or go anywhere if he thought the promoter was not looking out for their best interests. He would not be involved in this sport if it was brutal or dangerous. Mr. Reilly said for the sake of their fans, they strongly objected to the part of the ordinance about not selling alcohol. Banning the sale of alcohol placed their fans in an obvious and separate category from normal sports fans. The assumption that fighting plus beer would turn fans into a public menace was not true. He had been to hundreds of shows and saw few fights. Every time FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 15 someone did get boisterous or unruly, they were removed from the event. Trouble with alcohol did not start with the entertainment provided. It started with inadequate security and length of time and availability. Once something was banned outright, you lost control over it. If they did not sell beer at a show, they would be contending with people smuggling in booze. Banning sales would be detrimental to the sport and counter-productive to the spirit of the ordinance. He suggested formulating a workable solution that would benefit everyone. Shows would have to provide adequate security, including one marked security personnel for every 100 people projected to attend. Security would adopt a zero tolerance policy towards violence or any potentially inciting behavior by anyone in attendance. Announcement of the policy would be made at the beginning and during the event. Fights in the audience would be cause to shut down the show immediately and without refund. This was standard practice in most mixed martial arts shows around the country. On top of the existing controls of the sale of alcohol covered by the establishment's liquor license, no sale would be allowed in the contest area after the last break which would take place no later than 2 bouts before the end of the card. Anyone leaving the contest area for the purpose of buying alcohol would not be allowed back into the contest viewing area. The event would run no longer than three hours. They were willing to work with Council on this issue. There was no local sanctioning body that currently existed, but that did not mean that one could not be created. Councilmember Billings said he understood that Mr. Reilly was not opposed to an ordinance that controlled this type of activity, he was just concerned with some of the material that had been presented to Council. Mr. Reilly agreed. Councilmember Billings said a sanctioning organization was mentioned. He asked how long it would take to start one. Mr. Reilly said they had everything in place to do it right now. Their ne�t event in March would be sanctioned by the Combat Sports Alliance. Councilmember Billings said he did not want to be a participant in establishing some kind of sanctioning organization that was so closely knit that it excluded others from joining. He said Mr. Reilly mentioned three organizations that did the promoting. He asked if that was two promoters besides Mr. Reilly. Mr. Reilly said it was three promoters outside of himself. Councilmember Billings said with respect to on-sale liquor establishments, Mr. Reilly said adequate security was needed if there was no into�cating liquor being sold and even more security if there was. Mr. Reilly agreed. Councilmember Billings said that a long time ago, the Fridley City Council determined that in order to have an on-sale liquor license, the business first had to be a restaurant and there were provisions in the City Code that maintained a relationship between the sales of food and the sales FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 16 of alcohol. For a number of years, the City of Fridley only sold intoxicating liquor on-sale through a municipal liquor store. The ordinance was changed to allow people to have liquor licenses, but they strongly encouraged the food aspect. He said Council was coming from a history where restaurants that served alcohol were strongly encouraged. His first inclination was to look very closely at the recommendation from the Police Department and to tread softly in the area of letting additional types of events in on-sale liquor establishments that get the City further and further away from the concept of restaurants that serve alcohol. If he did support something, he would need to support something along the guidelines that Mr. Reilly indicated. It sounded like the industry was moving in the direction that would create some self-governance. He said he was willing to wait some reasonable period of time to see how the self-governance organization worked. Mr. Reilly said they understood the history and provisions. Minnesota Sports Cafe currently held events such as volleyball games and boxing matches that did allow the sale of alcohol. The one thing that would be mandated if they got a show was adequate security and cutting the sale of alcohol off. He said he was more concerned with fights taking place outside the event. He said he would like to see Council vote to table the first reading for one month in order to make changes and corrections to the ordinance. Councilmember Bolkcom asked how they dealt with minors. Mr. Reilly said at the Minnesota Sports Cafe, minors would not be an issue. He said he did not believe they were allowed. He said he did not feel comfortable making a judgment call about whether someone should bring their child to an event. That was up to the parents to decide. He said they did not have a huge minor market. Councilmember Bolkcom asked if any other city had an ordinance, either in Minnesota or nation- wide, which was similar to what they were asking. Mr. Reilly said there were none in Minnesota. There had been some in Iowa, but unfortunately they had loopholes. The rules in Illinois were really confusing. The Nevada State Athletic Commission had the most detailed and established set of guidelines and procedures. Arizona had a pretty good commission. New Jersey was good, too. Georgia had the sport legalized about a year ago. Ms. Kelly Kobold, 900 Rae Drive, No. 6, Richfield, Minnesota, 55423, said she was currently ranked second in the world for women's mixed martial arts. She trained out of Bloomington. She considered herself to be a professional athlete. It was her career. It was a very safe sport, she had never been injured, and never had any ill feelings towards any competitor. There was a very strong fan base. They were trying to make the sport as common as football or baseball. She said mixed martial arts had changed her life. Ms. Sara Rockvam, 4606 Bloomington Avenue South, Minneapolis, said people had a pre- conceived notion of what mixed martial arts was. She said it was a combination of boxing, kick boxing and wrestling. It was not barbaric. The effect of alcohol on mixed martial arts matches FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 17 was nothing compared to what went on in the NFL, NHL, basketball and baseball. She said she had never had a problem at the events. Mr. Reilly said he highly recommended that the City prepare an ordinance but recommended that the first reading be tabled for one month to make sure everything was in place. Mayor Lund asked if they had a schedule of events. Mr. Reilly said on March 12 and April 30 they would be at the Minnesota Sports Cafe. The event was the international cage combat trials. There would be an event in Rochester on March 6. Mayor Lund asked if Mr. Reilly did it nation-wide. Mr. Reilly said for international cage combat, it looked like they would be doing events in Chicago, New Mexico and Las Vegas. Mayor Lund said for Minnesota, they were basically talking about Fridley and Rochester. Mr. Reilly agreed. He said in the ne�t year, he planned on being involved in events in Fridley, Blaine, Medina, Rochester, Red Wing, Owatonna, Duluth, St. Cloud, the Fargo area, Albert Lea and the Bemidji area. Mayor Lund asked if they had run into any opposition. Mr. Reilly said he had a 3'/z minute video presentation that showed the sport and what it was about. It usually did a good job of clearing up any pre-conceived notions. Mayor Lund said he did have concerns about whether mixed martial arts should be included in the ordinance, the length of time of the events, and the number of events per year. He said he did have a problem with alcohol and minors. Mr. Reilly said he would like to see the ordinance modified to say "no unaccompanied minors" with an age limit set. Councilmember Bolkcom asked if they had heard from everyone in the audience. Mayor Lund asked if there was anyone else in the audience who wanted to speak on the issue. Councilmember Billings said if they delayed taking any kind of action and tabled the ordinance he asked Mr. Reilly if he would be willing to help with some of the language for the ordinance. Mr. Reilly said he would. Councilmember Billings asked Mr. Sallman if they had any issues with waiting. Mr. Sallman said they did not. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 18 MOTION by Councilmember Billings to table the first reading of an ordinance establishing a new chapter of the Fridley City Code regarding ultimate wrestling and establishing fees until such time as staff was ready to bring it back to Council. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 402, WATER AND SEWER ADMINISTRATION, OF THE FRIDLEY CITY CODE. Mr. Richard Pribyl, Finance Director, said some of the changes to the ordinance involved updating terminology and changing references. Some changes were more substantive. On page 4 of the ordinance, staff suggested changes to add clarity and to correct a reference to other sections. On Page 5, language was added to allow a homeowner who had not previously connected to the system to use a private contractor for the hookup, which was the current policy. On Page 6, changes were made that would make the homeowner responsible for the repair or maintenance from the main to the premises. If the property owner requested the City to provide service on the line between the main and the premises, the homeowner would be charged for the cost of the repairs requested. It formalized the responsibility for the operation of the water service curb stop as a homeowner responsibility. Page 7 involved corrections in reference numbers. Page 8 started the process of removing the term "deposits." Page 9 established a charge for new owners as a one- time account setup fee. The City would no longer require new owners to purchase their meters. Under the current ordinance, owners would be refunded their initial purchase price. A new paragraph was added to provide some authority for the right of entry into a home for the sole purpose of repair and maintenance of the water meter. Page 10 dealt with the non-payment of utility bills. It set up a penalty equal to the cost of the installation of an automated meter reading device. This would occur only after the fourth consecutive quarter of not reading the water meter. If the owner refused to allow access for the installation of the new meter, a penalty of $50 was proposed to be assessed monthly until the owner was in compliance. On Page 11, "storm water" was added. On Page 12, "water service" was added. References were corrected on Page 13. On Page 14, three references were corrected and references to Section 402.3, Meter Deposits, were deleted. Page 15 changed section numbers, added clarifying words, and increased the cost of testing a meter at the request of a customer if the meter was found to be within the normal range and was not defective. Section numbers were changed on Pages 16 and 17. Councilmember Barnette asked if there were a lot of people who did not send in their meter reading card. Mr. Pribyl said there were a number who were repetitive. Mr. Burns, City Manager, asked if City appraisers still did readings. Mr. Pribyl said they did not. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 19 Councilmember Barnette asked if they received complaints from people who were gone during the winter and were charged a minimum fee. Mr. Pribyl said people have commented on that. Even though they were not using water, there was still a fixed cost of maintaining the account. Councilmember Bolkcom said "city treasury" was removed in some places and left in others. She asked if that was done for a reason. Mr. Pribyl said it was replaced in Section 402.15 because of the association with the word "deposit." Councilmember Bolkcom asked what was being inspected and what was included in the permit fee under Section 402.05. Mr. Jon Haukaas, Public Works Director, said the inspection was visual to insure the proper materials and proper connections were made. Councilmember Bolkcom said the City did a visual check She asked how they knew if the materials were proper. Mr. Haukaas said the holes were typically less than 10 feet and you could see what materials were use and what kind of connection was made. Councilmember Bolkcom mentioned a resident who had some concerns about the inspection of her water and sewer connection. She asked about a report that staff was preparing as a result of a survey of other cities regarding inspections. Mr. Haukaas said they were finalizing their report and would have the results soon. With respect to inspections, building inspectors and plumbing inspectors did only visual inspections. They would not put themselves into an unsafe situation. It was still the responsibility of a licensed contractor to perform the work and to make sure things were done correctly. Councilmember Bolkcom said they could see that the connections and level were correct. She asked what Section 402.06 meant. Mr. Haukaas said when the ordinance was written, the City did the repairs. That was no longer the case, and the changes reflected the way things were currently done. If the homeowner could not find a contractor that they were comfortable with or were not willing to work with a private contractor to have the work done, the City could do it and charge based on costs. Councilmember Bolkcom said she needed further clarification. She asked about water meters and the deposit. Mr. Pribyl said at one time the deposit was included in the ordinance. State statute then required that anything termed a deposit had to have interest paid. At one time the City required the FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 20 purchase and resale of the meter. When a new homeowner opened an account, they bought the meter from the City. If they sold their home, the City would repurchase the meter. The change would institute a set-up fee for a new customer and get rid of the terminology associated with the purchase and resale of the meters. Councilmember Bolkcom asked what AMR meant. Mr. Pribyl said it was mentioned in a previous section and meant automated meter reading device. Councilmember Bolkcom asked about the refusal of entry clause under Section 402.17. Attorney Fritz Knaak, City Attorney, said if the language authorizing entry was not included, the City would not have any right to enter the property. It gave the City the authority to go in and it gave the employee allowed to go in the authority to be there. If someone were to challenge it, under the right circumstances, it might not be foolproof. Councilmember Bolkcom asked who would be liable if the house was rented out and the renter did not let anyone in to read the meter. Attorney Knaak said the clause gave the City the authority to have an employee on the property and justified the employee being there. The City was not required to provide water to its residents. If the individual was not cooperating, the City's response could be to turn the water off. Mayor Lund asked if there was something in the ordinance that said after a specified period of time, the water would be shut off. Mr. Pribyl said there was not. Attorney Knaak said it was a charge that was reasonably related to the cost incurred by the City as a result of the refusal. Councilmember Bolkcom asked if under Section 402.18, the City could turn off someone's water service without notice. Mr. Pribyl said in lieu of shutting off the water, the City had taken the position that delinquencies were certified to taxes. Mr. Burns said generally when someone's water was shut off, they were repairing a water main break or closing off the system for some reason. Mr. Haukaas said if the Public Works Department had to shut off the water, it was generally for a water main break They looked at the system to see where they need to shut things off and they tried to get the message out to the homeowners in the area. If someone was not home, they would have to shut off the water but they made an effort to let everyone know. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 21 Councilmember Bolkcom said in No. 5 under Section 402.20, "is" should be used instead of "are." Under Section 402.22, Notice of Leak, she asked what would happen if someone was out of town. Under Section 402.32, City Inspection, No. 3, if a meter was tested and it was not accurate, would the $25 administration fee still be charged. Mr. Pribyl said if the meter was not accurate, there would be no charge. Councilmember Barnette asked anyone in Fridley still had a separate system. Mr. Haukaas said he thought there might be a property on East River Road and they were working with the property owner. Couuncilmember Billings said that under Section 402.17 there were a couple of clauses that should read "meter reading post card" instead of "card." He said he thought language should be included that addressed other methods of responding in addition to meter reading cards. Mr. Pribyl said they could come up with more terms so that as technology changed, this did not have to be updated. Councilmember Bolkcom asked what would happen if she did not want to read her water meter anymore. Could they put an AMR on her meter. Mr. Pribyl said they could. Councilmember Bolkcom asked how much it would cost. Mr. Haukaas said he believed the current cost of an AMR was approximately $250. MOTION by Councilmember Barnette to waive the reading and adopt the ordinance on first reading. Seconded by Councilmember Billings. Councilmember Bolkcom asked if staff would clarify the questions that were brought up. Mr. Pribyl said they would. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. AWARD CONTRACT FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE 2005 STREET RECONSTRUCTION PROGRAM. Mr. Jon Haukaas, Public Works Director, outlined the area included in the 2005 the street reconstruction program. The consulting engineer would do a survey of the entire project area, prepare the preliminary engineering report, prepare the preliminary assessment roll, prepare the plans and specifications, review the bids and make a recommendation for award. During the construction phase, the consulting engineer would be responsible for staking, inspection, and FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 22 general contract administration, would review pay requests and make recommendations for payment. Requests for proposals were sent out to five firms and they received four responses. Two proposals stood out. One was from Short Elliot Hendrickson and the other was from Bolton & Menk. He said they had worked with both firms and had good luck with them. Staff recommended that the contract be awarded to Short Elliot Hendrickson (SEH). They provided the best price. They proposed a fixed, lump-sum cost of $126,000 for the design phase. They also proposed a fee of 8 percent for the construction phase to cover contract administration, surveying, construction staking and inspections. If the project went slow and they ended up putting e�tra hours in, it would not be billed to the City. They were there to keep the project moving. Staff inet with them about this project and had worked with them successfully in the past. The cities of Crystal, Golden Valley and Minnetonka sent letters in support of SEH. Staff recommended that Council award the contract for design and construction administration services for the 2005 street reconstruction program to Short Elliot Hendrickson. MOTION by Councilmember Barnette to award the contract for design and construction administration services for the 2005 street reconstruction program to Short Elliot and Hendrickson. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 20. AWARD CONTRACT FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE 85TH AVENUE TRAIL PROJECT. Mr. Jon Haukaas, Public Works Director, said several years ago the City applied for a federal aid grant to construct a trail along the City's north boundary on 85th Avenue. The purpose of the trail was to connect the Northtown area and University Avenue bike trail to the Mississippi Regional Trail on East River Road. A portion of the trail was in Coon Rapids but Coon Rapids had money set aside to create the trail and wanted to do it in conjunction with the reconstruction of g5tn Avenue by Anoka County. Fridley received the grant for fiscal year 2006 federal aid. The Minnesota State Aid Program had money available to advance those programs. They would give the City a zero interest loan and the City would pay them when it received the Federal grant. The consultant would survey the entire project area, coordinate the geo-technical investigation, and coordinate any necessary right-of-way or easement acquisitions. The City had control of a majority of the trail. The consultant would prepare the Project Memorandum which was an official document required under the Federal aid program. The consultant would also coordinate with the Federal Highway Administration on any of their requirements for using the money and with MnDOT, Anoka County, the Minnesota DNR and any other utilities involved in the project. The consultant would also prepare the plans and specs, help the City with the bidding process and during construction would run the project. They would be responsible for staking, inspection and general contract administration. Mr. Haukaas said they felt the best proposal was submitted by Bonestroo, Rosene, Anderlik and Associates. They had an excellent understanding of the project and the requirements of a Federal aid job and had done this type of work before. Staff recommended that Council award the contract FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 23 for design and construction administration for the 85th Avenue Trail Project to Bonestroo, Rosene, Anderlik and Associates. Councilmember Bolkcom asked if the City was in any danger of losing the Federal aid grant. She asked if there was something in writing. Mr. Haukaas said the money was allocated to the City of Fridley and would be available in 2006. It did have a sunset date in late 2007 that the money would have to be committed by. There was no risk in moving forward early. Councilmember Bolkcom asked about the cost. Mr. Haukaas said Federal aid trails had blanket requirements. A trail built across bedrock had the same requirements as one built across wetlands. One of the things they were looking at was actually doing an elevated trail to eliminate impact on the wetlands. They had size requirements. The trail had to be a minimum of 8 feet wide with 2 additional feet on either side for clearances. Railings were required if there was an elevated section. He said they may have over estimated the cost to be safe. They would have a better idea of the costs, once they started the design and actual alignment of the project. Some of the requirements to get the project included things other than the trail. It included interpretive signage. Mr. Burns said this trail would connect with a segment of trail that Coon Rapids was building. He asked if they were using the same design firm. Mr. Haukaas said they had money set aside to do the trail, but they were going to do it in conjunction with Anoka County's reconstruction of 85th Avenue. Councilmember Barnette asked when that would be done. Mr. Haukaas said Anoka County had included it in their plan and have identified 2008 for that project. They do not have any funding identified, however, so it may change. Coon Rapids planned to have the County design the trail along with the reconstruction and would pay them for that portion. Councilmember Bolkcom asked if 85th Avenue was reconstruction would that affect the proposed trail. Mr. Haukaas said they were aware of that. When Anoka County gave the project their support, they included the warning that if the reconstruction of 85th Avenue impacted the trail, the City would have to bear the costs. In view of that, they planned to put the trail primarily outside of the County's right-of-way. If it had an impact outside of their right-of-way, it would be the County's cost to repair. Councilmember Bolkcom asked if the trail was handicapped accessible. Mr. Haukaas said the entire length would be handicapped accessible. FRIDLEY CITY COUNCIL MEETING MINUTES OF FEBRUARY 9, 2004 PAGE 24 Mayor Lund asked about snowplowing. Mr. Haukaas said there was no intention to snowplow the trail at this time. Mayor Lund asked about the cost efficiency with doing it in conjunction with Coon Rapids and Anoka County's project. Mr. Haukaas said the reason they did it was because they received a Federal grant. Coon Rapids had money allocated and set aside, but they did not have space outside of the right-of-way to construct it ahead of time. MOTION by Councilmember Bolkcom to award the contract for design and construction administration services for the 85th Avenue Trail Project to Bonestroo, Rosene, Anderlik and Associates for a total cost of $149,828.00. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2L INFORMAL STATUS REPORT. Mr. Richard Pribyl, Finance Director, said the Charter Commission would be holding a public meeting on Tuesday, February 10, 2004, at 7:00 p.m. regarding a proposal to amend the language of the City Charter that was passed by voters in 2002 relating to restrictions on tax levy and other fees. They felt there were some unintended consequences of the language with respect to the water, sewer and storm water funds in that many of the expenses incurred by those activities were pass-through expenses. Mr. William Burns, City Manager, said he would like to discuss the Council/Commission survey and the Finance Department's request to hire an Assistant Liquor Store Manager. ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the City Council meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Secretary ������ Scott J. Lund Mayor