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10/25/2004 - 00026319CITY OF FRIDLEY CITY COUNCIL MEETING OCTOBER 25, 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-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Richard Pribyl, Finance Director Rebecca Brazys, Recording Secretary PROCLAMATION: Mayor Lund presented a proclamation declaring November, 2004, as Values First Month. Councilmember Barnette, co-chairman of Values First, accepted the proclamation. PRESENTATION: Fridley City Band Mary Jane Olson, 119 Rickard Road, stated she is a member of the Fridley City Band and would like to reacquaint Council and the viewing public with the Fridley City Band which has been playing for various community organizations for over 40 years. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 27, 2004 City Council Meeting of October 4, 2004 APPROVED. FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 2 OF 17 OLD BUSINESS: 1. Resolution No. 2004-59 to Vacate an Existing Drainage and Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2"d Addition, Generally Located at 1419 Danube Road (Ward 2) (Tabled September 13, 2004). Dr. Burns, City Manager, explained this item was tabled at the September 13 Council meeting and the consent item brings it from the table. The easement is not used nor expected to be used. Staff is recommending that the easement be vacated and the land located beneath a portion of the Klein's swimming pool be swapped for land that the Klein's own. ADOPTED RESOLUTION NO. 2004-59. 2. Resolution No. 2004-60 Approving a Subdivision, Plat, PS #03-05, Generally Located at 1419 West Danube Road (Ward 2) (Tabled September 13, 2004). Dr. Burns, City Manager, stated this item was also tabled on September 13 and this consent item brings it from the table. Staff is proposing this replat as a part of the agreement between the City and Brendan and Cheryl Klein of 1419 West Danube Drive. By this agreement, the City is trading a small portion of Farr Lake Park for a similarly sized portion of the Klein's property. These properties have been incorporated into the plat and the plat was approved by the Planning Commission on September 17, 2003. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-60. NEW BUSINESS: 3. First reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, said staff recommends the exchange of Tracts A and B. The exchange, easement vacation and replat complete actions necessary to correct the encroachment by the Klein's swimming pool on City park land. WAIVED THE READING AND ADOPTED THE ORDINANCE ON FIRST READING. 4. Receive the minutes from the Planning Commission Meeting of October 7, 2004. RECEIVED. FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 3 OF 17 5. Resolution No. 2004-61 to Vacate an Unimproved Portion of 53rd Avenue, Generally Located at 5351 Central Avenue N.E. (Vacation Request, SAV #04-02, by Menard, Inc.) (Ward 1) Dr. Burns, City Manager, stated the portion of street being vacated is located north and east of the former Ground Round site. Through the vacation the petitioner, Menards, will obtain a 90 x 200 foot strip of land that they will use for parking lot reconfiguration. The Planning Commission reviewed and approved this request at their October 6tn meeting. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-61. 6. Resolution No. 2004-62 Certifying Certain Delinquent Utility Services to the County Auditor for Collection with 2005 Taxes. Dr. Burns, City Manager, stated staff has listed 335 delinquent accounts for a total amount owed with penalties of $161,071. This figure compares with 311 delinquent accounts and an amount owed of $115,817 for 2003. Those on the list have been notified that their utility bills will be certified to the county and they have 30 days after passage of this resolution to pay their bill in order to avoid certification and further penalty. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-62. 7. Resolution No. 2004-63 Authorizing Changes in Appropriations for the 2004 Budget for January through October 2004. Dr. Burns explained these changes may be attributed to unbudgeted revenues and corresponding expenditures including: $32,777 in unbudgeted general fund revenues and expenditures; and $21,096 in unbudgeted capital improvement revenues and expenditures. These expenditures are for such things as insurance reimbursement for police squads and for the MnDOT signal upgrade at University and 69t" Avenue. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-63. 8. Resolution No. 2004-64 Appointing Additional Election Judges for the 2004 General Election. Dr. Burns stated several of the people previously appointed have indicated they are not available for the election. In order to provide adequate staffing for the election, staff recommends the appointment of additional election judges. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-64. FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 4 OF 17 9. Claims 118624 — 118903 APPROVED. 10. Licenses: APPROVED AS SUBMITTED AND AS ON FILE. 11. Estimates: APPROVED THE FOLLOWING ESTIMATES: Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 2004 Street Improvement Project No. 2004-1 Estimate No. 4 Ron Kassa Construction, Inc. 6005 250t" East Elko, MN 55020 $17,971.74 2004 Miscellaneous Concrete Repair Project No. 355 Estimate No. 3 $ 3,565.45 Michels Corporation 16500 West Rogers Drive New Berlin, WI 53151 Sanitary and Sewer Lining Project No. 354 Estimate No. 1 $59, 363.70 MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the consent agenda. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA MOTION by Mayor Lund, seconded by Councilmember Barnette, to adopt the agenda. FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 5 OF 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 minutes. Mayor Lund asked audience members to refrain from using the open forum for lobbying or campaigning for an issue or candidate. Pete Eisenzimmer, 6535 Oakley Drive, asked how much the televised City government meetings cost the taxpayers. He also restated his opinion that the sewer and water fee issue should go to the voters and questioned why an increase is necessary when the City is getting a 60% return on their costs. He also expressed his opposition to the Council changing the City Charter. Dr. Burns, City Manager, explained that the government meetings are televised on the City's own channel and there is no cost for the air time. Councilmember Wolfe commented that the City is merely trying to cover expenses, not generate a profit. Councilmember Billings disputed Mr. Eisenzimmer's claim that there is sufficient money coming into the City to cover utility expenses. He explained that because the City cannot raise the utility rates sufficiently, there is not enough money coming in to cover those expenses. Also, the utility fees were not on the original ballot that the citizens voted for. They were put in by an ad hoc committee that went to the Charter Commission and the Charter Commission came to Council and Council approved the change. The very same Charter Commission that added the utility fees is the same Charter Commission that came to Council and asked that they be removed, which Council did. Mr. Eisenzimmer and a group of citizens circulated a petition to have this matter on the November ballot, which has been done. Council is doing exactly what Mr. Eisenzimmer asked. The City is doing its best to give as much information as possible to the public so they can understand what they are voting for. Mr. Pribyl, Finance Director, stated the ballot question regarding the utility fees is confusing. He reviewed the language for a clearer understanding of the issue. This ballot question comes down to a"YES" or "NO" regarding water, storm sewer, storm water and recycling fees. Currently water, sewer, storm water and recycling fees are restricted as to the annual increase in fees by the City Charter. The Charter limits the annual increase to the lesser of the inflationary index or 5%. Due to the continuing losses in these funds attributable to pass-through expenses in excess of the revenues, the question to the voters is whether they would remove water, sewer, storm water and recycling fees from the annual limitation on the increase in the fees. A"YES" vote would change the City Charter and remove only water, sewer, storm water and recycling fees. A"NO" vote would keep the City Charter in tact and continue to limit the annual increases to water, sewer, storm water and recycling fees. If there are any FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 6 OF 17 questions, residents can visit the City website or watch for informational programming on the City's cable channel. Councilmember Wolfe stated if this referendum fails, the City will pay have to pay out of tax funds approximately 9% of water and 7% of sewer bills for the residents. Dr. Burns stated if the ballot question fails, the City has been forced to spend down the money that the City has in reserve for replacement of equipment and fixed assets. Consequently, the City does not have enough money to pay for replacement of fixed assets and capital investment in the system. When that money is gone, the City will have to look elsewhere for the funds. Councilmember Wolfe asked Mr. Pribyl to explain how much this referendum would cost the individual taxpayer. Mr. Pribyl explained that on a monthly basis the senior rate would increase $1.64, the average household increase would be $3.55 per month and a low user $2.43 per month. Mr. Haukaas, Public Works Director, explained that the pass-through costs the City incurs include Xcel Energy to operate the electric pumps, and the Minnesota DNR which charges permit fees for the City to have wells. The biggest expense to the City is disposal of sewage. The sewage disposal fees have been going up 5% most years and with the fee restrictions the City is facing, we are losing ground. Mayor Lund commented that 73% of the residents' sewer bill goes for outside fees, with the remaining 27% used to maintain the infrastructure in the City. Mr. Pribyl stated that annually, staff conducts a cost of city services for 10 surrounding communities and Fridley has been the lowest with respect to water and sewer. Even with these proposed increases, Fridley would still be second to the lowest. PUBLIC HEARING: 12. Consideration of proposed assessment for 2004 Nuisance Abatement (Continued October 4, 2004). MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Pribyl, Finance Director, stated this is the annual assessment for the properties the City has expended resources for compliance in accordance with the City code. The first abatement is for the property located at 7699 Highway 65 where a sump pump line was FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 7 OF 17 installed at a cost of $9,836.10. The second property is located at 7601 Arthur Street which had an abatement regarding nuisance weeds at a cost of $113.16. Mr. Haukaas, Public Works Director, reviewed the history of the abatement for 7699 Highway 65 stating that in 1985, the City and Dr. Wayne Dahl, owner, agreed to a land swap in order to create a looped frontage road south of Osborne Road. Prior to this, sump pump water from the building was drained to the east where the road was to be constructed. During construction, it was determined that the sump pump discharge from the building was making the ground too wet to pave. As a solution, a 1 inch copper sump pump discharge line was connected from Mr. Dahl's building to the storm sewer. The property owner has stated that this line plugged with silt and mineral deposits shortly after it was installed. There was a disagreement between the sewer foreman, Rusty Silseth, and the City Engineer, John Flora, at the time regarding the size of this discharge line. After the line became plugged, the sump pump was directed into the street during the summer and the sanitary sewer during colder months. In 1985, such discharge was allowed into the sanitary sewer. In 1995, due to the rising costs to treat sanitary sewer discharge, the City passed an ordinance requiring the separation of sump pumps from the sanitary sewer. This information was widely distributed and promoted to the entire City. Over 400 properties worked with the City to comply with this ordinance. In September of 2002, staff noted that Dr. Dahl was in violation of this ordinance and contacted him to take action to correct it. Mr. Haukaas stated that Dr. Dahl contends that the City promised him they would install a larger discharge pipe to fix the problem with the original 1-inch copper line. In November, 2002, Mr. Silseth (retired since 1990) wrote a letter supporting Dr. Dahl's claim. No documentation of such an agreement can be found by either the City or Dr. Dahl to support this claim. If such an agreement was made by Mr. Silseth, it was without the approval of his supervisors and beyond his authority. On November 5, 2002, the City initiated code violation proceedings against Dr. Dahl. This is a set process that gives the property owner three options: correct the problem, request the City to correct the problem and bill them, or have the matter reviewed by a hearing examiner. Dr. Dahl chose to have the matter reviewed and a hearing was held before attorney Karen Marty on January 6, 2003. On January 13, 2003, Ms. Marty ruled in favor of the City. This finding was mailed directly to the City and Dr. Dahl. No action was taken until May to allow Dr. Dahl time to appeal the ruling. We received no contact. Mr. Haukaas said on May 23, 2003, the City continued the code violation proceeding by a letter stating that Dr. Dahl had two options to correct the problem. On June 13, 2003, staff received a letter from Dr. Dahl's attorney stating the City should fix the problem and bill Dr. Dahl. A subsequent letter to the City Clerk stated their objection to the assessment. Upon review with the City attorney, it was agreed the letter to the City Clerk did constitute a proper objection to the assessment and could, therefore, be considered on the record. In September of 2003, the problem was corrected in cooperation and coordination with Dr. Dahl and the City's contractors. Dr. Dahl is now being asked to reimburse the City for this work as agreed to. FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 8 OF 17 Mr. Haukaas stated staff recommends that Council uphold the proposed nuisance abatement assessment against Dr. Dahl. Councilmember Billings questioned how Dr. Dahl was discharging his sump pump prior to the placement of Viron Road and if the 1-inch pipe was put in for the City's convenience in paving Viron Road and as a temporary fix. Mr. Haukaas responded that the sump pump was being discharged to the yard behind Dr. Dahl's building. In reviewing this matter, staff contacted retired sewer employees who had worked for the City at that time and they indicated the pipe was put in to drain the area to allow construction of Viron Road. Councilmember Wolfe expressed his concern that this appears to be a problem originally created by the City itself. Councilmember Billings stated Mr. Haukaas has indicated that the former Public Works Director indicated this was not meant to be a permanent fix for Dr. Dahl. He pointed out that Dr. Dahl was in no worse condition with the installation of the 1-inch pipe than he was before. There is no documentation stating that the City agreed to provide any kind of inechanism to get rid of his sump pump water. Mr. Jack Kirkham, 430 67t" Av. N.E., stated he did not think Council should now back out of that agreement. Mayor Lund commented that it would not be customary for the City to assist private residents in this matter. He believes the 1-inch pipe was a temporary fix for the City's benefit. There are other residents who complied with new regulations and Dr. Dahl should do the same. Councilmember Bolkcom asked if Dr. Dahl realized this matter was being discussed at this meeting. Mr. Haukaas stated he did not inform Dr. Dahl. Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., questioned why the City would install a 1 inch copper pipe in this situation. He believes this problem should be corrected by the City. MOTION by Councilmember Billings to close the public hearing. MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to table this matter until November 22, 2004. Councilmember Wolfe asked Mr. Haukaas to notify Dr. Dahl via written correspondence. FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 9 OF 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 13. Resolution Adopting the Assessment for the 2004 Nuisance Abatement (Tabled October 4, 2004). MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to table this matter until November 22, 2004. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 14. First Reading of an Ordinance of the City of Fridley, Minnesota, Amending Chapter 30 of the Fridley City Code by Imposing Additional Requirements on Licensed Organizations Conducting Lawful Gambling within the City. Mr. Pribyl, Finance Director, stated this change was drafted at the request of the Mayor. Notices were mailed to all licensed establishments in the City. The proposed changes are as follows: No licensed organization shall be permitted to conduct lawful gambling within the City of Fridley until it has first established any of the following: a) that a majority of its membership resides within the City of Fridley; or b) that a majority of its Board of Directors or any similar such body resides within the City of Fridley; or c) the organization conducts at least 80% of all its non-gambling related activities or events within the City of Fridley." At the time of application for renewal, the applicant shall submit proof that these requirements have been met. "Proof" for purposes of this section shall consist of not less than a sworn affidavit establishing compliance with either "a" or "b" above; or a statement provided by a Certified Public Accountant (CPA), attesting to the percentage of expenses related to non-gambling activities, as compared to total expenses of the full organization. The certified statement provided by a CPA shall be accompanied by a verifiable annual report of expenditures based upon Generally Accepted Accounting Principles (GAAP) and other industry related standards. Any organization holding a license to conduct lawful gambling within the City of Fridley on August 1, 2004, that does not comply with the above-stated restrictions will be permitted to continue holding an unlawful gambling license in the City of Fridley without complying with these restrictions until April 30, 2007. Notwithstanding the foregoing provisions, any organization that operates as a single entity exclusively for charitable purposes throughout the State of Minnesota that: 1) has no fewer than 6 other lawful gambling locations licensed outside of the City of Fridley; FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 10 OF 17 and 2) has had a verifiable annual budget in excess of ten million dollars annually, shall be exempt from these requirements. Mayor Lund said he received complaints from organizations that would like to have the chance to hold a charitable gaming license in the City, but there is a limited amount of opportunities. Those organizations sought opportunities outside Fridley only to be denied by nearby communities because they have a more restrictive ordinance. He asked the City Attorney why there was a need for the "sunset" date for those organizations that currently do not meet the requirements and why the provision exempting large organizations from these restrictions. Mr. Knaak, City Attorney, responded the concern raised was whether this proposed amendment would result in an immediate hardship to organizations that are currently conducting charitable gambling within the City that would not be able to comply in the near term with the new restrictions. Language was created to provide a reasonable period of time these organizations could come into compliance, or prepare themselves for the eventuality that they would no longer be allowed to conduct lawful gambling in the City. Three years was considered to be a reasonable length of time. Councilmember Billings asked Mayor Lund what organizations might now be able to get into the City of Fridley that could not before this proposed amendment Mayor Lund stated he has had a few conversations with organizations that are present tonight and he will let them speak for themselves. Councilmember Wolfe questioned if the amendment addresses what the City would do if a restaurant had a long-term relationship with a specific organization that may not meet the new criteria. Mr. Knaak said the organization would have to comply within the three-year period. Councilmember Bolkcom pointed out that the deadline for compliance is April 30, 2007, which is not a full three-year period. Mr. Jim Marino, CEO of the Italian-American Foundation, stated they have been operating lawful gambling at the Main Event for eight years and have enjoyed a good relationship with the City and Main Event. For the last fiscal year, which ended on June 30, net profits from that location were $26,321.20. From that amount, $15,000 was donated to the high school for scholarships, $5,500 was donated for the STRIDE program, $4,500 was donated to 49'er Days and $500 was donated to the Fridley Fire Department National Fire Safety program for a total of $25,500. He commented that charitable gambling is down, but their relationship with Fridley has been excellent. In addition, there have been Fridley students who received scholarships directly from the Italian-American Foundation. Mayor Lund said it was not his intent to exclude the Italian American Club or any other organization. FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 11 OF 17 Councilmember Bolkcom asked if the Italian-American Club would qualify under the new restrictions. Mr. Marino responded it would not. Mr. Todd Christenson, 7800 Pearson Way, stated he is a resident and businessman in Fridley and works with the Fridley Wrestling Boosters. That group has made several attempts within and outside the community but has been unable to reap any benefits from lawful gambling. He questioned if the figures quoted by Mr. Marino reflected the actual profits or were after expenses. He'd like to see the money from lawful gambling stay in the community. Mayor Lund pointed out that the proposed change does not change the requirements as far as where the money must go. The ordinance will continue to read that such organizations must donate 50% of their revenues to the trade area, which includes 9 communities that border Fridley. Mr. Christenson commented that other communities have restrictions on charitable gambling and there must be a reason for those restrictions. Councilmember Bolkcom asked if the Fridley Wrestling Boosters would qualify under the new restrictions. Mr. Christenson responded that they would. Councilmember Bolkcom asked if all surrounding communities have such restrictions. Mr. Pribyl stated some communities are more restrictive and others are less. Councilmember Barnette asked if the organizations have to ask permission of the City or if they can approach bars and restaurants directly. Mr. Pribyl stated they would contact the restaurant directly. As a part of their liquor license, that restaurant would have an endorsement allowing lawful gambling. Councilmember Billings stated it is his understanding that the profits from charitable gambling are calculated on forms provided by the State of Minnesota. The $26,321.20 figure was in fact the profit for the Italian-American Club for charitable gambling and that figure was not reduced by other expenses. Mr. Marino indicated that is correct. Mr. Jeff Cerisier, DeLaSalle High School gambling manager, stated they are new to the City of Fridley and are located at Broadway Pizza on 85t" and University. He explained their organization would be affected by the new ordinance and would not be able to comply. He stated there are currently four students at DeLaSalle from the City of Fridley. More than 50% of their students receive financial aid. Lawful gambling FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 12 OF 17 provides that financial aid but does not come anywhere near covering the cost of the financial aid, which amounts to nearly $1 million per year. DeLaSalle files monthly forms with the City of Fridley detailing their gambling activity, how much is spent, how much is taken in and how much is given back. Ms. Maureen Vachuska, 4930 Madison Street N.E., gambling manager for the Church of the Immaculate Conception, stated they have four nights of pull tabs and two nights of bingo in conjunction with the Knights of Columbus in Fridley. The majority of the profits go towards keeping the Immaculate Conception school open. She pointed out that the state has certain criteria an organization must follow to participate in charitable gambling, so a group cannot simply decide they want to do charitable gambling without meeting those criteria. Councilmember Bolkcom asked if Immaculate Conception uses some of the funds for scholarships and whether or not there are any Fridley students who benefit. Ms. Vachuska responded they do use the funds for scholarships and there are quite a few Fridley students, but she did not know the total number. Councilmember Bolkcom asked if Immaculate Conception would qualify under the new ordinance. Ms. Vachuska stated they probably would not, but added that there may be a fine line because the Knights of Columbus is in Fridley. Mr. Bill Lepsch, 4608 Second Street N.E., stated he is a 28-year Fridley resident and the assistant gambling manager for the Knights of Columbus. He asked if the purpose of this ordinance was to keep the funds local, why the exemption for the larger state- wide organizations. He asked if the organizations from outside the City are subject to the 3% tax and 50% donation minimum in the trade area and whether or not their reports are public records. Mr. Pribyl explained all organizations licensed in the City of Fridley must comply with the lawful gambling requirements. Councilmember Bolkcom explained the exemption is to allow organizations, such as the Red Cross, to participate in charitable gambling. She asked if the Knights of Columbus will qualify under the new ordinance. Mr. Lepsch responded the board membership varies every year, but since their site is in Fridley and 90% of their events are in the City of Fridley, so they would qualify. Ms. Vachuska stated each year these organizations have to have an annual audit. She asked if the City would accept the annual audit or will there be an additional report required at more expense to the charity. FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 13 OF 17 Mr. Pribyl explained that the auditor would have to attest to the requirement in the proposed City ordinance. The City could not just accept the audit. Mayor Lund asked the City Attorney to clarify the $10 million figure referred to in the proposed ordinance change. Mr. Knaak explained the $10 million figure would refer to the size of the annual budget for the entire organization. Council can lower the amount. Mr. Steve Anderson stated he is the Vice President of the Tri-City Hockey Association. He said he was concerned to learn that the Spring Lake Park hockey program operates lawful gambling in a Fridley bar. He explained that he would like to see priority consideration given to Fridley organizations over outside groups. Councilmember Wolfe asked if Tri-City Hockey would meet the new criteria. Mr. Anderson stated he believes they would as all their practices are at Columbia Arena and their board meetings are held in Fridley. The board is 75% Fridley residents and 80% to 90% of the participants live in Fridley. Councilmember Barnette explained that one-fourth of the students in Spring Lake Park schools live in Fridley. MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom to receive the correspondence dated October 25, 2004, from the Minnesota Sports Federation. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked that the correspondence regarding this matter that was included in the Council's packet be reviewed. Mr. Pribyl reviewed the correspondence stating that CLIMB Theater asked Council not to change the City ordinance as it relates to charitable gambling; Spring Lake Park Lions Club asked for an exemption if this ordinance is approved; Sandee's Restaurant expressed concern about this proposed change; and the Fridley Lions Club questioned the exemption for large organizations. MOTION by Mayor Lund, seconded by Councilmember Billings, to waive the reading and approve the ordinance on first reading. Mayor Lund stated he brought this matter forward in response to concerns from several organizations, but it was not his intent to exclude existing organizations. He added that he is uncomfortable approving an ordinance that will help some but force others out of the City. FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 14 OF 17 Mr. Knaak said the current ordinance does restrict the number of locations for any one organization to no more than two within the City and the proposed language would not change that. Councilmember Billings stated that while he appreciates the reason for bringing this change forward, the current organizations that are not Fridley based are doing a good job of getting their money into the City of Fridley and helping Fridley residents. He thinks the proposed ordinance change would merely trade organizations that are helping one aspect of the City of Fridley in order to get organizations that also help the citizens of Fridley a little differently. He stated those organizations trying to set up lawful gambling should go directly to the Fridley locations that are licensed rather than going through the City. Councilmember Wolfe stated he understands the Mayor's interest in proposing this ordinance change, but he pointed out that groups representing specific interests, such as wrestling or hockey, would use the proceeds from the gambling for their interests only, not for wide-spread uses such as currently established organizations do. Councilmember Barnette commented that as sensitive as he is to the needs of Fridley organizations, he cannot support this proposed ordinance, particularly because of how it would impact organizations currently established. Councilmember Bolkcom expressed concern that this ordinance would be hurting some organizations for other organizations' gain. She added that Sandee's Restaurant indicated they have never been approached by a Fridley organization. Councilmember Billings stated he appreciates Mayor Lund bringing this matter forward because now there will be an action by the City Council that will let the residents know where Council stands on this issue. This discussion also enlightens Fridley residents as to what happens to the charitable gambling dollars in the City. Mayor Lund commented that he believes it is unfair that other communities have these types of restrictions, but he is concerned that some organizations would be hurt in an effort to help others. UPON A VOICE VOTE, ALL VOTING NAY, MAYOR LUND DECLARED THE MOTION TO APPROVE THE FIRST READING OF THIS ORDINANCE FAILED ON A UNANIMOUS VOTE. 15. Resolution No. 2004-65 to Vacate an Unimproved Portion of Carlton Street, Generally Located at 1420 Rice Creek Road NE and an Unimproved 12 Foot Alley Way on the Northeast Side of the Property Located at 1420 Rice Creek Road NE (Vacation, SAV #04-03, by Yoava Klucsar). FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 15 OF 17 16. Preliminary Plat Request PS #04-05 by Yoava Klucsar to Divide One Single Family Lot into Two Single Family Lots, Generally Located at 1420 Rice Creek Road NE. Mr. Hickok, Community Development Director, stated Mr. Klucsar is seeking a vacation of an unimproved portion of Carlton Street and an unimproved 12-foot alley on the northeast side of his property. These vacations will allow platting without any encumbrances. The petitioner is also seeking to replat his property to divide it into two single family lots. The existing home was built in 1951 and the garage on the east side of the lot was built prior to 1949 or was built without a permit. The second garage was constructed in 1991 and is located next to the home. To allow construction of that garage, a variance was granted to increase the total floor area of all accessory buildings from 1,400 square feet to 1,932 square feet. If Council approves this request, that previous variance will no longer be an issue. The lot is 193 x 238 feet for a total square footage of 42,208. The petitioner plans to subdivide the lot with one lot to accommodate the existing home and garage and the other to accommodate the original garage and allow for construction of a single family home. Fridley requires the lots in an R-1 district be a minimum of 75 feet in width and a minimum total area of 9,000 square feet. The first lot will be 117 feet in width with 28,461 square feet and the second lot will be 77 feet in width with 17,747 square feet after the replat. While preparing the preliminary plat, the surveyor discovered an unimproved 30 foot portion of Carlton Street and unimproved 12 foot alley way that had never been vacated. Neither the street nor the alley could be utilized or connected and there are no underground utilities that would stop them from being vacated. Mr. Hickok stated the Planning Commission reviewed this petition on October 6 and recommended approval of the proposed street and alley way vacation and the preliminary plat with the following stipulations. Staff recommends concurrence with the Planning Commission's recommendation. 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Petitioner to properly maintain Lot #2 until sale occurs. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 16 OF 17 7. The garage on Lot 2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year timeframe, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot 2 shall be made compatible with the future residential structure on this site, through the addition of a residential roof design and siding. MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to adopt Resolution No. 2004-65, with the stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to approve Preliminary Plat Request, PS #04-05, by Yoava Klucsar to divide one single family lot into two single family lots, generally located at 1420 Rice Creek Road NE. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. Resolution of the Fridley City Council about the Springbrook Nature Center. Councilmember Billings stated he drafted this resolution because there was a lot of talk in the City about matters on which the Council had made no decisions. The only purpose of the resolution was to make the public aware. Councilmember Wolfe referred to information in one of the local newspapers claiming that if the levy is not successful a larger Public Works budget would be required. He pointed out that the City has maintained this park for 30 years. There was also a claim that Springbrook Nature Center is a factor for many people purchasing homes in Fridley, yet a review of recent home sales records revealed no remarks regarding Springbrook. He commented that Council is not taking sides on the Springbrook referendum by simply telling the truth. Councilmember Bolkcom stated misinformation is typical in many political campaigns. She recommended that the residents contact the City Manager if they have questions regarding Springbrook. Councilmember Wolfe commented that the Springbrook levy is not the only tax increase affecting Fridley residents. Councilmember Billings stated again if Council wishes to table this resolution until after the vote on the referendum, we will know whether we need to go into more detail. FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 17 OF 17 MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to amend the resolution to add the following language: Be it further resolved that the City Council of the City of Fridley has not made any determination with regard to the continuance of any fees to be charged for the use of the Nature Center. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to table this resolution. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO TABLE CARRIED UNANIMOUSLY. 18. Informal Status Reports: Councilmember Billings stated Council received a copy of correspondence from Mr. Hickok to Dr. Burns stating that on October 15, 2004, the Islamic Center submitted their application for an expansion of their school located at 1401 Gardena Avenue. Councilmember Billings stated this is the first official action by the Islamic Center with the City and in the next several weeks staff will be reviewing the application to determine if it meets City code. This matter will be scheduled for a hearing by the Planning Commission on November 17 and letters will go out to every property owner within 350 feet of the Islamic Center. City Council will review the Planning Commission's recommendation at their December 13 meeting. Mayor Lund stated the Fridley Historical Society is holding their first Hall of Fame event to recognize 10 Fridley residents who have given their time and talent to the betterment of Fridley. This will take place at the Knights of Columbus at noon on Saturday, November 6. Councilmember Bolkcom thanked everyone who attended the housing forum. The final forum is scheduled for Thursday, November 18, at 7:00 p.m. at the Fridley Community Center. ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:21 PM. Respectfully submitted by, Rebecca Brazys Recording Secretary ������ Scott Lund Mayor