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03/14/2005 - 4569OFFICIAI. CI'TY COUNCIL AGENDA CITY COUNCIL MEETING MA.RCH 14, 2005 x .. � . , � �' ' �.' CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2005 7:30 p.m. - City Council Chambers Attendance Sheet Please �rint name address and item number vou are interested in. Print Name (Clearlp) Address Item Na. �,%� � l../ ,• � yc �` L`i�� 'v�C -i �G>� /\l�i / ( ` � % t��, : , � /� ' � � '%�l,x�'�-� �-' r ,- - - - �' < J . � / � t f �; cl . ,--, ,, � �� , ' ' i ' � � c� � ,.� ` ` 1 � ,�7 � vv�'-t �' �'0 / 1 �� ,�...�.� G,(�� CJ1 s� ,%, G� S ; , �`,��-�.% �t �vw�� ` j�7 , � �C/ �' / C � �Lf n ! �v -l.=7` �. � �; w M � � � cm aF FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2005 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. ADMINISTRATIVE HEARING Continuation of Abatement Appeal of Karin Tyra, 1501 Mississippi Street N.E. (Ward 2) .................. CITY COUNCIL MEETING APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 28, 2005 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1-2 , 1. Receive the Minutes from the Planning Commission Meeting of March 2, 2005 - .................................................................................. � FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2005 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. First Reading of an Ordinance Changing the Street Name of Rainer Pass to Rainier Pass ..................................................... 10 - 11 3. Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: Neighborhood Street Improvement Project No. ST. 2005 —1 ................................................... 12 - 14 4. Resolution in Support of an Application for a Minnesota Lawful Gambling License for Fridley � Totino Grace High School (Sharx Night Club) (Ward 3) ....................................................................................................... 15 - 16 ... � 5. Commission Appointment .................................................................................. 17 6. Claims ..............................................................................:........................ 18 7. Licenses ....................................................................................................... 19 - 20 . ADOPTION OF AGENDA. 0 OPEN FORUM (VISITORS): Consideration of Items not on Agenda —15 Minutes FRIDLEY CITY COUNCIL MEETING OF MARCH 14, 2005 PAGE 3 OLD BUSINESS: 8. Resolution of the City of Fridley, Minnesota, Denying Renewal of Time Warner, Inc.'s Cable Television Franchise (Tabled February 28, 2005) ............................................................... 21 - 24 NEW BUSINESS: 9. Informal Status Reports . .................................................................................... 25 ADJOURN. MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 28, 2005 CITY COUNCIL MEETING CITY OF FRIDLEY FEBRUARY 28, 2005 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led 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 ' Don Abbott, Public Safety Director Rebecca Brazys, Recording Secretary CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 14, 2005. APPROVED. NEW BUSINESS: 1. Variance Extension Request, VAR #04-01, by Kevin and Paulette Holman, to Increase the Maximum Size of a First Accessory Structure from 1,000 Square Feet to 1,168 Square Feet and to Allow an Accessory Structure to Exceed 100% of the First Floor Area of a Dwelling Unit to Allow the Construction of a 1,168 Square Foot Detached Garage in the Rear Yard, Generally Located at 571 — 79th Way N.E. (Ward 3). Dr. Burns, City Manager, explained that Mr. and Mrs. Holman were granted a variance on March 8, 2004, allowing the construction of an accessory use structure that is larger FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 28 2005 PAGE 2 than the footprint of their house (1,168 square feet vs. 1,000 square feet). Since they are still awaiting financing and have not yet selected a contractor, they are asking for a one-year extension of their variance. Staff recommends Cauncil's approval. APPROVED. 2. Claims: 120557 —120686 APPROVED. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adopt the consent agenda as presented. UPON A VOICE VOTE, ALL CARRIED UNANIMOUSLY. ADOPTION OF AGENDA VOTING AYE, MAYOR LUND DECLARED THE MOTION MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to adopt the agenda. 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. Don Anderson, 7304 West Circle N.E., stated he rides his bike every day on Able and Osborne Road and many drivers run the stop sign at that intersection. Mr. Abbott, Public Safety Director, made note of Mr. Anderson's concern. PUBLIC HEARING: 3. NPDES Annual Update. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLAREQ THE MOTION CARRIED UNANIMOUSLY. Mr. Haukaas, Public Works Director, stated this was scheduled under the public hearing section of the agenda simply because it seemed to fit there. The State does not require that a public hearing be held. This is the second review of the NPDES storm water program. It includes what was done in 2004 and what may be done in 2005. NPDES stands for National Pollutant Discharge Elimination System. The authority comes from FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 28 2005 PAGE 3 the U.S. EPA which delegates to the Minnesota Pollution Control Agency the ability to set the rules for the program. Fridley has completed its second year and has met all the requirements. The only change is formalization and documentation of its actions. There are six minimum control measures for the program: public outreachleducation, public involvement/participation, illicit discharge detection/elimination, construction site runoff control, post-construction storm water management, and pollution prevention and good housekeeping for municipal operations. Mr. Haukaas reviewed what was done on this program last year including filming a video called "Endangered Wetlands," preparing a county library display, sending watershed brochures by direct mail, conducting Springbrook Nature Center workshops, and developing a game called "How's the Water?" and an interactive computer kiosk called "Alex the Frog." This year the only change is the elimination of the library display. Public participation and involvement includes the Springbrook Yard & Garden Fair to be held April 24, 2005, inlet stenciling, and wetland curriculum with all third and eighth grade students in Fridley schools. Mr. Haukaas said with respect to illicit discharge detection and elimination, the entire City storm sewer system has been recorded, and the maps are updated on a regular basis. Staff also evaluates older storm sewer lines for leaking joints and structural deficiencies. A minimum of 20% of outfalls are inspected each year. In addition, a review of existing ordinances regarding illicit discharge was done in 2004 with an ordinance approved requiring dechlorination of swimming pool discharges to the street. The May/June, 2004, issue of the City newsletter included an article about how anything dumped in the streets or catch basins drained directly into creeks, rivers and lakes. Mr. Haukaas explained that construction site runoff control efforts include meeting 3 to 4 times per month to review and revise development ordinances relating to controlling sediment during and after construction. Ordinance amendments will be brought to Council for approval as the details are worked out. Handouts have been developed which explain new requirements for contractors and developers, and building and construction inspectors have been educated on the requirements and enforcement of the rules. With respect to pollution prevention and good housekeeping for municipal operations, staff identified three things for the operation of the City's system: storm sewer treatment device cleaning, street sweeping, and the "Your Eco Home" cable television show. Mayor Lund asked about the timeline for public comment on this issue. Mr. Haukaas stated staff's report must be submitted by March 10, 2005. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 4. Resolution of the City of Fridley, Minnesota Denying Renewal of Time Warner, Inc.'s Cable Television Franchise (Tabled February 14, 2005). MOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to remove this matter from the table. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Knaak, City Attorney, explained this was tabled at Council's last meeting at the request of the City's consultant, Mr. Grogan, no tehas been rece vedltand I peov ded o propose language changes. Mr. Grogan s p Council. Prior to that time, staff was directed to state the reasons that might exist for denial of Time Warner's proposal. The franchise terminated on May 16, 2003. In a letter dated November 18, 2003, following nearly three years of informal renewal negotiations, Time Warner requested the �e a'I Cabte ActW't Then Fede al dCableaA�t called the formal process under the Fe establishes a process that a cable operator holding a valid franchise may invoke for cable franchise renewal. This gives the cable operator the opportunity for a fair hearing. A formal reviewal process is a four-stage pable-related h ee'ds nhthe i teres'tyof the conduct a proceeding to determine future community. The City Council did so and engaged a consultant who did a thorough analysis of what the City's cable needs would be. On eriod of'time �the cable'opeeator request for formal renewal proposals. Within a certa p submits a renewal proposal in response to thun{ �t ther end of Mar h) toee aauate the The City then has 4 months (in this case proposal and decide whether to grant or preliminarily deny the renewal. Mr. Knaak stated based on staff's analysis, it is the recommendation of staff that Council adopt this resolution preliminarily denying the renewal. Some of the reasons for that recommendation are listed in the resolution, but that list is not intended to be all- inclusive. Time Warner's proposed language related to gross revenues seeks to change the current status of defining "gross revenues" in a manner likely to reduce revenues to the City by modifying the mann bond and security undaof the franch se. There are also changes in the performance Time Warner also fails to meet the requirement to supply the City with maps of its facilities within the City which the Public Works Department considers to be essential. Time Warner also inadequately addresses the stated need for public, educational and governmental access capacity and support within the City. Also their proposal is approximately a quarter of a million dollars below the determined need of the City. Time Warner's proposal would radically change the current local origination and public access practices by shifting the entire cost, staffing, and most of the equipment to the City. Also Time Warner proposes reducing the current four PEG access channels FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 28 2005 PAGE 5 provided to the City to three despite the fact that the City has determined the fourth channel is needed for use by public entities. In addition, Time Warner's proposal is for a ten-year franchise with a five-year automatic renewal if the system is "state-of-the-art." The transitional nature of the technology in this area makes anything beyond the City's ten year term inadequate and against the City's interest. Time Warner's proposal also completely ignores the right of the City to base renewal of Time Warner's franchise in ten years on the then-existing needs and interests of the City instead mandating an automatic renewal based solely on whether the cable system is "state-of-the-art." Time Warner also proposes to eliminate the current emergency system override that public safety officials in the City have stated is a necessary public safety tool. Time Warner's proposal would require the City to abandon its current role as the protector of consumers within the City. Mr. Knaak stated City staff is recommending Council's adoption of this resolution which would preliminarily deny Time Warner's proposal. The effect of a preliminary denial on the request of the cable operator would be the commencement of an administrative proceeding. Four issues would be considered: whether the cable operator substantially complied with the material terms of the existing franchise; the quality of the operator's service; whether the operator has a financial, legal and technical ability to provide the services; and whether the operator's proposal is reasonable to meet future community needs and interests of the City. Councilmember Billings stated Mr. Knaak indicated that negotiations have been going on since the spring of 2001. He asked if the City had made proposals to Time Warner as to what they would like to see in terms of contract language. Mr. Knaak said they did. Councilmember Billings asked how many proposals Time Warner has presented. Mr. Knaak responded that it is the City's position that Time Warner did not make any positive proposals and no constructive negotiations have occurred. He stated it is his assessment that what occurred is the City repeatedly agreed to come forward and offer concessions on key points and Time Warner did not. Councilmember Billings asked if Time Warner requested the start of the formal process. Mr. Knaak stated Time Warner did. Councilmember Billings commented that he finds the Time Warner proposal to be completely inadequate and he is shocked and dismayed to find that this is the first proposal that Time Warner has taken the time to put together. He was under the impression that negotiations were actually going on between the City and Time Warner but it appears that instead of being a give and take it was a situation of the City giving and Time Warner taking. v FRIDLEY CITY COUNCIL MEETING OF � Mr. Knaak stated that is the way he would characterize it. Councilmember Bolkcom stated it is her understanding that if Council were to pass this resolution, there could still be negotiations between City staff and Time Warner. Mr. Knaak responded negotiations co�ul�dand fa �Ue opotsal. possible that Council may determine that Time Warner made a go p Councilmember Bolkcom stated she ou d bmeet w th Counc I. T'She ques onedu f th s that this matter be tabled so they c meeting could still take place if this resolution is approved. Mr. Knaak stated it would still be an option but not one he would recommend. He also stated he would be curious to know what Mr. Grogan would think of such a meeting. It is much easier to negotiate and more difficult to concede if you have one person doing the negotiating as opposed to multiple people. It tends to weaken the position of the negotiating party if there are multiple negotiators. Dr. Burns, City Manager, commented that keeping Council out of the negotiating process makes it possible for Council to judge the decision from a distance as opposed to making a decision at the table. He stated the more appropriate role for Council in the negotiating process is to work with staff in the establishment of guidelines. He believes Council would be at a disadvantage if they pursue the negotiating process themselves. Ms. Kim Roden, Vice President of Public Affairs for Time Warner Cable, requested that ' Council table the resolution and schedule a work session with Time Warner so they can explain their proposal in more detail. She would invite the company president to attend the meeting. The work session would not be an attempt to negotiate with Council but would be to help Council understand what they are proposing. She claimed to have repeatedly asked for such a session but has not been granted that opportunity. She believes before Council can vote no, even preliminarily, Time Warner should have the opportunity to be heard. In order to de soperondt he Ma ch 130ede�adl ne if theeCity prepared to provide an additional 30 day y schedules a work session with them. This would allow adequate time for the company and Council to exchange information anment Cb� t ffl�t appears that Time�Wamerhas the March 30 deadline. Based on com Y given the impression they are unwilling to negotiate but that is not accurate. Ms. Roden stated that Fridley residents have the ability to choose from many companies for cable and internet services. Time Warner's competitors do not pay a franchise fee, provide public education or governmental access programming, and they do not have the same burdens and requirements that Time Warner has. Staff s report states that even if Council votes to pretiminarily deny Time Warner's proposal, it would not stop further negotiations between the City and Time Warner. However, once Council takes such a vote, it would be Time Warner's view that they would be moving into a quasi-judicial proceeding and all their energies and focus would need to be � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 28 2005 PAGE 7 centered there. Once the City votes to deny, Time Warner would no longer have the ability to spend time in informal negotiations. They believe it would benefit everyone to take the time to further explain their proposal. After such a work session, if Council still finds their proposal inadequate, there would still be time to vote to deny. Mr. Knaak stated the appropriate motion and resolution is before Council. Discussions with Time Warner can occur at any time even after the resolution has been approved. The only deadline right now is for the City to take action before March 30 or this franchise renewal will automatically be renewed. Mayor Lund stated there have been informal discussions on this matter since 2001. If Time Warner wanted to hold such a work session, they should have indicated that before they requested the City begin the formal process. Also, he believes Council has some obligation to take the advice of their attorney as well as the consultant hired by the City. He also stated that he and the other Council members are not well versed in all aspects of franchise cable law which is why they rely upon the consultant's expertise. Ms. Roden agreed that Mr. Grogan is an expert in cable television law, but the problem in this situation is that Time Warner has never been able to communicate directly with Council. The work session she is requesting now is not to negotiate with Council but to make their presentation and leave. She stated that she does not believe City staff fully J understands Time Warner's proposal. Mayor Lund asked for clarification as to why negotiations could not continue if Council passes the resolution at tonight's meeting. Ms. Roden responded that Time Warner's attorneys believe that once the resolution is approved, the next step would be for them to begin preparing for what they consider to be quasi-litigation. Mayor Lund asked the City Attorney what the timeframe would be for such a hearing after CounciPs approval of the resolution. Mr. Knaak responded there is a reasonable period of time. He added that in his opinion, this is just Time Warner taking the position that if Council passes the resolution, they will not talk. He stated this is simply a bargaining position. Councilmember Barnette stated his understanding of the matter is that if Council approves the resolution, a definite statement has been made that this proposal as presented is not acceptable. He stated he does not find that to be a problem because his obligation is to the citizens of Fridley, not to Time Warner. . Dr. Burns stated his understanding is that there never was much of an effort by Time Warner to help the City understand what their proposal is and what their position is. When the City negotiators put something forward, they got nothing back from Time Warner. There really was no effort by Time Warner to educate the City as to the � position of the company. He believes that City staff understands Time Warner's proposal. What Time Warner is asking the City t�a nerscou�id not haveydone tha gw th City nothing. He did not understand why Time City staff and why it takes a discussion with Council to make it different. Ms. Roden stated she believes Time Warner has put a very generous proposal on the table. Dr. Burns has not been present at any of �o e a lotaof cabbe franchis ng oveaffhe speak on the City's behalf. She stated she has Time Warner. She ob�ected years and there has been a lot of give and take by strenuously to the suggestion that Time Warneal law w II no�a�llow T me Warnee tordo requested by the City were things that Fede She questioned Dr. Burns' statement that he understands Time Warner's proposal. Councilmember Billings asked what the next step in the process was. Mr. Knaak stated the next step in the formal be selec ed by t e Ciiy al d the hearing request a hearmg. A hearing officer would then would be conducted. Councilmember Billings questioned the timing of that hearing. Mr. Knaak responded that he believes it is a reasonable period of ti ees roeoS�al. They not have the same guidelines they had for responding to Time Warn p p have to set the hearing in a reasonable period of time. - Councilmember Billings stated that no matter �^►a ner�has to pr pa�e because the date would not shorten the period of time that Time W could be set at some point in the future. Mr. Knaak stated any action Council takes this evhen ees�nlo legal reason hy Time Time Warner's ability to respond. He added that Warner would feel it necessary to immediet�i I be nlothi g compelling them t do so. Based on the City's consultant s advice, ther Councilmember Billings stated he was shockedo Wha a�r frHe M even moreashocked that very first real proposal Time Warner has p ove the resolution that Time Warner's legal Ms. Roden is telling Council if they do app position would be that they will not have time to �o st�not need a 30 day extension to said he represents the citizens of Fridley, and he act on the proposal Time Warner has presented. Tie anda �nv te T me Warnea to a' work ` the City. He stated he is willing to table this matt session at the March 14 Council meeting to explain their position. Mayor Lund stated he is not interested in a 30-day extension. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 28 2005 PAGE 9 Dr. Burns commented that Time Warner has not made a good faith effort to negotiate with the City's negotiating team. Ms. Roden claimed that she has hundreds of pages of documents that she has suggested to the City with alternative language and that has not been before Council. Councilmember Wolfe stated he will be traveling on March 14 but wants very much to be present for the discussion on this matter. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to table this resolution until the March 28 City Council meeting. Councilmember Bolkcom asked that the meeting with Time Warner be based on a set agenda without an adversarial environment. Mr. Knaak commented that the work session Ms. Roden has requested would be a point of presentation and would in effect be what would occur at the hearing; this could be described as a"hearing lite". The bottom line is that staff recommends against such a"hearing lite" because they see no value to Council in doing so. He did recommend that such a hearing occur at a public hearing. He further stated that the presentation by Time Warner would not be testimony. ff they discuss such things as surveys, examination of the scientific basis of the survey, those kinds of things that you would get out of the formal hearing process Council would not have the benefit of (in the manner proposed.) Right now, by doing the denial up front, from here on if it's in public, it's going to be a matter of public record, and it's going to have the information Time Warner provides verifiable. A"hearing lite" may satisfy some needs that Council feels but it would not be in the best interest of the City. By continuing this matter to March 28, Council will have only one or two days to make a decision before the deadline. Dr. Burns suggested that this be done at the March 14 meeting to give Council more time to consider the matter and take action at their meeting an March 28. Councilmember Bolkcom restated her request that this hearing be based on a set agenda, but she wants the agenda to be established by City staff, not by Time Warner. Councilmember Billings commented that he is in support of tabling this matter, but not because he is at all hesitant to vote against the Time Warner proposal. If Council can better understand Time Warner's position after their proposal and that causes a better proposal, it is in everyone's best interest. After some discussion, Council determined it would be best to table this matter until the March 14 meeting. Councilmember Bolkcom agreed to the change in her motion. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING O 5. Second Reading of an Ordinance Amending Chapters 602, 603 and 606 of the Fridley City Code Pertaining to Licensed Establishments Serving Beer or Intoxicating Liquors, Prohibiting Certain Conduct Therein. Mr. Abbott, Public Safety Director, explained that this proposal would eliminate combative sports in establishments that hold beer or liquor licenses as listed in Chapters 602, 603 and 606 of the City Code. This ordinance will not ban combative sports, but will separate these events from the serving and consumption of alcohol. This ordinance will also apply to any temporary license issued under Chapters 602, 603 and 606 of the City Code. Councilmember Wolfe expressed concern that this ordinance amendment is a reaction to a couple of incidents. He believed the City is over-stepping its bounds. He thought it was more a matter of Council members not liking the sport itself. He has not seen proof that alcohol makes people go out and fight. Mayor Lund stated Council has considered this matter since early last year. This proposal does not regulate the sport itself, but is simply regulating the use of alcohol which is clearly within Council's rights to do. He does not understand the position that without alcohol, this sport cannot survive in Fridley. Alcohol is not served at other sports events in the City except for an occasional softball tournament. Councilmember Wolfe stated it has not been proven that this ordinance is going to stop problems. He believes it is hypocritical for a City that runs liquor stores to prohibit liquor sales under certain circumstances. H ��ua becauser of a band performance� Soon be banning alcohol sales where problems o Councilmember Bolkcom stated the City Council can regulate theestauralnts nto serve City has stated they do not want bars, but instead allows intoxicating beverages. Whether or not there are a lot of problems at combative sports events, the City has the ability to regulate the establishments that serve liquor. The City has its own liquor stores in an effortnts who Ihave attended these events and have received some comments from reside seen things get out of control. Councilmember Wolfe stated this ordinance is, in a sense, regulating the combative sports activity. Councilmember Bolkcom commented that Council does not have an obligation to combative sports. Councilmember Barnette commented that the City is restrictive with their liquor license by including a 60/40 food restriction. As co-chairman of the Values First Commission in Fridley, he must support that commission' au�a t Iareace stance. He questioned if it is legal for liquor to be served outside the rest FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 28 2005 PAGE 11 Mr. Abbott stated when an establishment submits a liquor license application; they submit a site plan indicating where the alcohol sales will occur. That is then approved based on that site. If they later exceed the boundaries of where they were approved to serve alcohol, they must come back to the City for a new license. Councilmember Barnette asked if it is appropriate for vendors to be selling liquor on the court area of Spikers where the ultimate fighting events have occurred. Mr. Abbott stated under the current license they did not identify the court area for alcohol sales. Councilmember Wolfe commented if they are selling that much liquor, they may be at risk of violating the 60/40 restriction. Councilmember Billings stated he views this as an ordinance that controls the on-sale liquor establishments, in the same manner that we have established the food to liquor ratio and in the same manner that we control how pull tabs are done or whether or not strippers are allowed in liquor establishments. The City Council has chosen to restrict certain types of activities at their on-sale liquor establishments. If someone wants to do ultimate fighting elsewhere in the City where alcohol is not served, they are more than welcome to do so. A number of surrounding communities are looking at passing a similar ordinance. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to waive the reading of the ordinance and adopt the ordinance on second reading. Kyle Sheely, ultimate fighting supporter, stated he agrees with Councilmember Wolfe that it seems Council is against the activity. Only 11 states regulate mixed martial arts. People attending these events will not stop drinking. They will simply bring in their own alcohol which will cause bigger problems long term. He suggested Council allow the restaurants to do their jobs in monitoring liquor consumption at such events. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A FOUR TO ONE VOTE. NEW BUSINESS: 6. Informal Status Reports. Councilmember Bolkcom stated the SACA Empty Bowls event is scheduled for March 3 at the Fridley Community Center starting at 4:30 p.m. The annual Home and Garden Fair is scheduled for March 5 from 9:00 a.m. to 2:00 p.m. at the Schwan Center in Blaine. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 28 2005 PAGE 12 Councilmember Barnette, Mayor Lund and Dr. Burns met with Lieutenant Governor Carol Molnau to discuss the issue of highway maintenance, particularly along University Avenue. She did agree to meet with staff again. Mayor Lund thanked Dr. Burns for taking the initiative on this matter and obtaining 16 resolutions from other communities who share Fridley's concern regarding highway maintenance. Dr. Burns commented that the League of Minnesota Cities did join in this discussion and presented a resolution passed by their board. ADJ_ MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:35 PM. RespectFully submitted by, Rebecca Brazys Scott J. Lund Recording Secretary Mayor � � arr aF FRIDLEY DATE: TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 14, 2005 March 9, 2005 �� William W. Burns, City Manager � Scott J. Hickok, Community Development Director SUBJECT: Karin Tyra Hearing INTRODUCTION The purpose of this continued hearing is to allow Council time to complete their review of the facts surrounding a potential abatement to remove certain landscape modifications at 1501 Mississippi Street. Staff has proceeded with the abatement process, whereby abatement (removal of structures and restoration of slope and tur� will occur and the owner will be required to pay 125% of the cost of the project. In accordance with Code Section 128, a property owner may appeal to the City Council after the matter has been heard by a hearing officer. The property owner, Ms. Tyra has requested a hearing before the City Council. This hearing was continued until the March 14, 2005, City Council meeting. ELEMENTS In late July or early August 2004, the Fridley Public Works staff observed a new retaining wall and fence on the public right-of-way, adjacent to 1501 Mississippi Street. They were very concerned due to the location of the structure. Not only was it on the right-of way that is used in the winter for Arthur Street snow storage, but also it is close enough to the curb that a plow driver could actually be injured if a blade were to strike the structure. The Public Works staff discussed the matter internally with the Fridley Community Development staff, which then both called and sent representatives out to meet with the owner of the house, Karin Tyra. Ms. Tyra believes she was told by City staff she could install the retaining wall and fence as it is today. You'll recall, in 1996, the City of Fridley deemed unpaved driveways a public nuisance, due to the gravel impact to storm sewers, and a number of other detrimental impacts. The City, through various staff discussed Ms. Tyra's lack of a driveway and the impact of her gravel on the storm system. Staff also indicated that Ms. Tyra would need to discontinue parking vehicles in the back yard. She had indicated at that time that she was looking at fencing in her back yard. Staff acknowledged that that would be an improvement. Her back yard would be the operative phrase here (not the public right-of- way). Fences and retaining walls (below 4' in height) do not need a building permit. Ms. Tyra and others installed the retaining wall and fence with out review of the City and without authorization to encroach on the public right-of-way. rt is imperative that the City has its right-of-ways for snow storage, to keep our employees safe while plowing snow, and to avoid damage to cars that may find ��hemselves on the right-of-way in the event of an accident. On November 3, 2004, Hearing Officer James D. Gurovitch, of Brooklyn Park heard the facts of this case. Later that month, Mr. Gurovitch's ruling was handed down. He supported the City's position in his ruling. RECOMMENDATION: Staff recommends the Council hold the hearing and support staff's position, which is that all structural items are removed and a suitable slope and groundcover be established, by the homeowner, by June 1, 2005. If the work is not completed by that date staff recommends that Council authorize abatement of the nuisance in accordance with Chapter 128. M-05-18 � . _. . � . � ' ,i , _. � - . , , . . o- .. , � .. .� _. , � �- � � ..F. � . ' . � .. . . Proposal n� ` �- - ` � �� i F. . ��,,� � � � - . �z* '�+m.^C�'°_ : � -.,-�4+- � k '� f I would like an extension to complete fence replacement and removal of wall on west side of property. I am not working as of yet so I do not have the funding to pay someone. My boys will be home from college end of spring so I would like a date of June 15 to ha�e that work done by then. I also checked with the weather almanac the predicted thaw for spring is second to third week of May. This is important because I wanted the wa11 to be done in a sturdy manor to last for years I cemented stakes in the ground a few feet down. Then I ran cables to the wood with brackets. So as you can understand the ground needs to be close to all the way thawed. I would like to ask if the fence on the first portion that runs along the length of the house could stay where it is at. It will be very close to the house if it must be moved the full twelve feet in. Then from the steps on going north move it back s� feet which would leave plenty of room for snow and snow removal. If none of the above is ok then I will move the fence back the 12 feet requested and have the wa11 out by June 15 if approved for that date. � (�! ��;�� ,� .,� �� . �--�� CITY OF FRIDLEY PLANNING COMMISSION MARCH 2, 2005 CALL TO ORDER Chairperson Savage calied the meeting of the Planning Commission to order at 7:30 p.m. ROLL CALL Members present: Members absent: Barbara Johns, Larry Kuechle, Diane Savage, Leroy Oquist, and Brad Dunham. David Kondrick and Dean Saba Others present: Stacy Stromberg, City Planner Rebecca Brazys, Recording Secretary Dale Christiansen, Petitioner APPROVE PLANNING COMMISSION MINUTES — December 15, 2004 MOTION by Commissioner Oquist, seconded by Commissioner Johns, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 1. 2. Consideration of a preliminarv plat PS #05-01 bv Roslvn Park Weslevan Church, to subdiyide the propertv to allow the creation of two sinnle fam NE. Consideration of a saecial use permit SP#05-01 bv Roslvn Park Weslevan Church to allow the continuation of a church use in an R-3. multi-famitv MOTION by Commissioner Kuechle, seconded by Commissioner Oquist, to open the public hearing on for both matters. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:32 P.M. Ms. Stromberg explained that the petitioner, Dale Christiansen, Pastor of Roslyn Park Wesleyan Church, is requesting a replat of the church property located at 5300 6"' Street. Replatting the property will allow the church to separate and create two single family lots, which will be located at 401 53`d Avenue and 5315 5th Street and create a new lot for the church property. The new lot created for the church will include 5300 6"' Street and the vacant lot north of 5315 5�' Street, which will continue to allow access to the alley and could be used for additional parking. The petitioner is also seeking a special use permit to allow a church in an R-3 General Multiple Units zoning district. 3 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 2 of 7 Ms. Stromberg explained that the subject properties are all zoned R-3, General Multiple Units. This plat and special use permit requests are coming to us as a result of the petitioner's plans to relocate their congregation to Spring Lake Park. Roslyn Park Church has found another congregation to purchase the church building and the vacant lot north of 5315 5�' Street; however, the new congregation is not interested in purchasing the other finro lots that are occupied with single family homes. As a result, the petitioner would like to divide off the parsonage house at 401 53�d Avenue and the other house the church owns at 5315 5�' Street to be sold separately as single family lots. Ms. Stromberg stated the existing church building was constructed in 1956. The parsonage house and garage at 401 53`d Avenue were built in 1965 and the house at 5315 5�' Street was built in 1951 with an addition to the garage constructed in 1992. Ms. Stromberg further explained that in 1998 the City Council approved a rezoning request by the church to rezone approximately one-half of the church property from R-2, Two Family units to R-3, General Multiple Units. This rezoning allowed the entire church property to be zoned consistently. In the same year, a vacation was also approved to vacate an alley that bisects the church property. When the alley was vacated in 1998, two property owners north of the church property were still using the alley. Therefore, the church requested to vacate the alley in the area that bisects their property and agreed to provide an access across their vacant lot, north of 5315 5th Street, which allows access to those residential property owners who wanted to continue to have alley access. Ms. Stromberg stated that Fridley City Code requires that lots in the R-3 district be a minimum of 10,000 square feet for three family dwellings and have a minimum lot width of 75'. The approximate size of the entire land requesting to be replatted is 59,443 square feet or 1.36 acres. After the reptat, the church property, proposed Lot #1, will be 37,146 square feet (.85 acres) and will include the parcel with the church building and the vacant lot located north of 5315 5th Street. Proposed Lot #2, located at 401 53`d Avenue will be 12,046 square feet and will accommodate the existing parsonage house and garage. Proposed Lot #3 at 5315 5th Street will be 10,251 square feet after the replat and will contain the existing single family house, existing garage, and will allow for the construction of a new garage to be accessed off of 5�' Street. Ms. Stromberg explained that the petitioner is also requesting a special use permit to allow the continuation of a church on the property located at 5300 6�' Street. Churches are a permitted special use in the R-3 zoning district, provided they meet the necessary requirements related to building and site requirements and parking. All of these requirements are being met with the exception of the rear yard setback and the parking stall requirement. Ms. Stromberg stated Roslyn Park Church is requesting a variance for the location of the existing church building in relation to the rear yard setback. City Code requires a rear yard setback of 25 feet and the existing church is 9.81 feet from the rear lot line. When the church was constructed in 1956, it was deficient in meeting the rear yard setback requirement. Consequently, the church is asking for a variance to recognize this non-conformity. Roslyn Park Church property currently requires 43 parking stalls. This number is based on the amount of pews located within the assembly hafl of the church. The property is currently deficient in meeting this requirement by 22 parking stalls. The church that is purchasing the property is substantially smaller than the existing congregation and the new church is including the vacant lot north of 315 5�' Street as part of their property in the event that they need � CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 3 of 7 additional parking. City staff would recommend that the deficient 22 parking stalls be a proof of parking on the vacant lot until the church is in need of the additional parking stalls. Ms. Stromberg explained that City staff has been in contact with Kaneb Pipeline regarding the gas pipeline that runs along the southern border of the subject properties. The petitioner's surveyor has conveyed to staff that a blanket easement currently exists over the entire lot for the pipeline. Due to this replat, Kaneb and the City would like to have this easement defined, which will be a requirement prior to final plat approval. Currently, both the petitioner's surveyor and Kaneb Pipeline are working on defining that easement. Ms. Stromberg stated Staff recommends approval of the preliminary plat request with stipulations as the proposed lots exceed the size standards required by the City of Fridley Zoning Code. Staff also recommends approval of this special use permit request with stipulations as churches are a permitted special use in an R-3 Multi-Family zoning district. Ms. Stromberg stated that Staff recommends the following stipulations be attached if the plat and special use permit are granted: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 6th Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 5. The existing garage at 5315 5�' Street shall be made accessible or a new garage shall be constructed within one year of final plat approval. 6. Proof of parking on vacant lot north of 5315 5th Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. Chairperson Savage stated the Commission had received a letter from Tom Stimack of 5331 5�' St. NE opposing the replatting of the church property. MOTION by Commissioner Kuechle, seconded by Commissioner Johns, to enter this letter into the record. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Savage asked Ms. Stromberg if she is aware of any use other than parking that the church plans for the empty lot. She also asked if there have been any complaints other than Mr. Stimack. Ms. Stromberg stated parking is the only plans that she is aware of for the empty lot and she indicated she has received no other complaints from neighbors. Commissioner Oquist asked if there is adequate space on the vacant property for parking even though there's a driveway going through there. Ms. Stromberg responded there is. 5 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 4 of 7 Commissioner Kuechle questioned if there is any concern about the fact that the property is zoned R-3 but the houses are single family. Ms. Stromberg explained that if someone chose to tear down one of the houses, they could rebuild as much as a three unit building but a single family home can be retained in a multi- family district. Commissioner Johns asked if it is typical for churches to be in an R-3 zoning. Ms. Stromberg stated it is typical for them to be located in residential zoning. Dale Christiansen, Pastor of Roselyn Park Church, stated their church has looked into expanding in the past so all of their property was consolidated into one title at that time. Since then, they've decided to relocate to meet their needs. They've found a congregation to buy their church, but they're not big enough to purchase all the property thus the request to replat the property to enable Roselyn Park Church to sell the lots with the houses. The prospective buyer of the church has been in and talked to City staff about the parking and that's why they are purchasing the vacant lot for future parking needs. The good news is t�he two houses will be returned to the City tax rolls. Roselyn Park Church celebrated their 50 anniversary last Sunday. Commissioner Kuechle asked if the alley actually exists the way it is reflected on the survey submitted. Pastor Christiansen responded that it is as shown on the plat. MOTION by Commissioner Oquist, seconded by Commissioner Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HAERING CLOSED AT 7:55 P.M. Commissioner Kuechle stated this appears to be a straight forward request with nothing really changing as far as what's currently there. The replatted lots will still meet zoning requirements and he would be in favor of this proposal. MOTION by Commissioner Kuechle, seconded by Commissioner Oquist, to approve Preliminary Plat PS #05-01 by Roslyn Park Wesleyan Church, to subdivide the property to allow the creation of two single family lots and a separate lot for the church property, generally located at 5300 6�' Street NE, with the following stipulations: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 6th Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 0 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 5 of 7 5. The existing garage at 5315 5�' Street shall be made accessible or a new garage shall be constructed within one year of final plat approval. 6. Proof of parking on vacant lot north of 5315 5th Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Johns, seconded by Commissioner Dunham, to approve Special Use Permit SP #05-01 by Roslyn Park Wesleyan Church, to allow the continuation of a church use in an R-3, Multi-Family residential zoning district, generally located at 5300 6�' Street NE, with the following stipulations: 1. Petitioner to provide drainage and utility easements as shown on the preliminary plat drawing. 2. Petitioner shall provide any easements required by Kaneb Pipeline prior to final plat approval. 3. The property owner of 5300 6�' Street shall continue to provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. 4. The alley shall be sufficiently labeled to prevent the entrance from being blocked. 5. The existing garage at 5315 5th Street shall be made accessible or a new garage shall be constructed within one year of final plat approval. 6. Proof of parking on vacant lot north of 5315 5th Street shall be required to be installed if there is an expansion to the church or the City deems that it is necessary. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the December 2 2004 Housina & Redeveloament Authoritv meetinq. MOTION by Commissioner Oquist, seconded by Commissioner Johns, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the minutes of the Januarv 6 2005 Housinq & Redevelopment Authoritv meetinp. MOTION by Commissioner Oquist, seconded by Commissioner Kuechle, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive the minutes of the December 6, 2004, Parks 8� Recreation Commission meetina. 7 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 6 of 7 MOTION by Commissioner Dunham, seconded by Commissioner Johns, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Receive the minutes of the December 8, 2004, Appeals Commission meetinp. MOTION by Commissioner Kuechle, seconded by Commissioner Johns, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. Receive the minutes of the Januarv 12 2005 Appeals Commission meetina. MOTION by Commissioner Kuechle, seconded by Commissioner Oquist, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Receive the minutes of the Januarv 26, 2005, Appeals Commission meetinq. MOTION by Commissioner Kuechle, seconded by Commissioner Oquist, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Receive the minutes of the October 19, 2004 Environmental Qualitiv & Enerav Commission meetinu. MOTION by Commissioner Johns, seconded by Commissioner Dunham, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Receive the minutes of the December 21, Environmental Qualitv � Ener�tv Commission meetina. MOTION by Commissioner Johns, seconded by Commissioner Kuechle, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Receive the minutes of the Januarv 18 2005, Environmental Qualitv 8� Enerav Commission meetinq. �; CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 2, 2005 Page 7 of 7 MOTION by Commissioner Johns, seconded by Commissioner Oquist, to accept the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg reviewed the year-end review for 2004 stating that there were 5 plats, 2 rezonings, 6 special use permits, 4 street and alley vacations and 1 zoning text amendment. In 2002 there were 17 total items, in 2003 there were 33, and in 2004 there were a total of 18. The change can be attributed to the zoning text amendment which eliminated the need for a special use permit for a second accessory structure. Ms. Stromberg stated the March 16, 2005 Planning Commission meeting has been cancelled. ADJOURN: MOTION by Commissioner Oquist, seconded by Commissioner Johns, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 8:05 P.M. , � � �`��i'�6 razys ng Secretary 0 � � crrr aF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 14, 2005 Wiiliam W. Bums, City Manager �r�� Jon t�l. tlaukaas, Public Works Director March 3, 2005 Ordinance to Rename Rainer Pass to Rainier Pass PW05-017 The attached ordinance is in response to a request by a resident of Rainer Pass to officially change the spelling of the street"s name to Rainier Pass. Although the street name has officially been spelled Rainer since it was originally plotted in 1959, the residents feel this was an error and are asking the cities to correct it There are 12 properties addressed to Rainer Pass, two in Fridley and 10 in Columbia tleights. The residents of Columbia tieights petitioned their council to make this change, which was - done in an ordinance passed December 13, 2004. The Fridley residents are now requesting our City Council do the same. � Recommend the City Council approve the first reading of this ordinance to change the street name of Rainer Pass to Rainier Pass. Jtlti:cz Attachment 10 . ORDINANCE NO. AN ORDINANCE CHANGING THE STREET NAME OF RP,INER PASS TO RAINIER PASS WHEREAS, Rainer Pass is a one block long street with two properties addressed on it within the City of Fridley and 10 properties within the City of Columbia Heights, and WHEREAS, the City of Columbia Heights was petitioned to change the spelling of the street name Rainer Pass to Rainier Pass, said petition being approved and passed, and WHEREAS, the City of Fridley has received a request from one of the two Fridley properties to change the spelling of the street name from Rainer Pass to Rainier Pass to match Columbia Heights, and WHEREAS, the City Council has the authority to change street names by ordinance. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: Section 1. The name of Rainer Pass from Glacier Lane to the south corporate limit of the City is hereby changed and shall hereafter be _ known and renamed as Rainier Pass. Section 2. This ordinance shall be in full force and effect from and _ after thirty (30) days after its passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF MARCH, 2005. Attest: Debra Skogen - City Clerk lst Reading: March 14, 2005 2nd Reading: Publication: 111 Scott J. Lund, Mayor � � CffY OF FRIDLEY TO: F'ROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 14, 2005 William W. Burns, City Manager � �� Jon ti. tiaukaas, Public Works Director Layne Otteson, Asst Public Works Director � March 10, 2005 Street Improvement Project 1`l0. ST. 2005 - 1 PW05-018 The attached resolution approves the final plans and specifications and authorizes the advertisement of bids for the 1`lorth Park l`leighborhood Str-eet Improvement Project I`lo. ST. 2005 � l. Recommend the City Council adopt the attached resolution to proceed with the project and to expedite the construction process. LO/Jt�iti:cz Attachment 12 . � RESOLUTION NO. 2004 - RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS: NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2005 - 1 WHEREAS, Resolution No. 2004 specifications and estimates of the costs her of tfor helimprovementsnin this project, and WHEREAS, Resolution No. 2004 - 40 received the feasibility report and set a public hearing for the improvements in this project, and WHEREAS, a public hearing was held on September 27, 2004 regarding this project, and WHEREAS, Resolution No. 2004 - 55 ordered final plans and estimates of costs for this project. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1• That the following improvements proposed by Council Resolution No. 2004 - 39 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: - Street improvements including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, storm sewer system, water and sanitary sewer services, landscaping, and other facilities located - as follows: 2na Street - Mississippi Street to Rice Creek Terrace 67th Avenue - 2°d Street to University West Service Road Bellaire Way - Alden Way to Park Property Bellaire Way - Alden Way to Pearson Way Chesney Way - East River Road to 355' west Craig Way - East River Road to cul-de-sac Craigbrook Way - Alden Way to East River Road Fairmont Circle - East River Road to East River Road Firwood Way - Pearson Way to 79th Way Glen Creek Road - Logan Parkway to East River Road Ironton Street - Hugo Street to Ashton Avenue Logan Parkway - Riverview Terrace to East River Road Logan Parkway - Riverview Terrace to Glen Creek Road Logan Parkway - Logan Parkway to Glen Creek Road Main Street - Mississippi Service Road to Rice Creek Terrace Pearson Way - East River Road to Firwood Way Plaza Cur - 67th Avenue to University Service Road West Rice Creek Terrace - Main Street to University West Service Road Rickard Road - East River Road to Alden Way Riverview Terrace - 71-1/2 Way to Logan Parkway Ruth Street - Ruth Circle to Hugo Street Ruth Circle - Ruth Street to Ruth Street 13 Resolution No. 2005 - Page 2 Service Road-Railroad - Liberty Street to Ely Street Stonybrook Way - Alden Way to East River Road Talmadge Way - West cul-de-sac to east cul-de-sac That the work involved in said improvements as listed above shall hereafter be designed as: NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2005 - 1 2. The plans and specifications prepared by the Public Works Department for such improvements and each of them pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are hereby approved and shall be filed with City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state the bids will be opened and considered in the Council Chambers of the Fridley Municipal Center and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (50) of the amount of such bid. That the advertisement for bids for NEIGHBORHOOD IMPROVEMENT PROJECT NO. ST. 2005 - 1 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF MARCH, 2005. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR ■ `� 0 0 � AGENDA ITEM � CITY COUNCIL MEETING OF cmr oF FRIDLEY March 14, 2005 To: William W. Burns, City Manager�(�V (� From: Richard D. Pribyl, Finance Director � Deb Skogen, City Clerk Date: March 4, 2005 Re: Fridley Totino Grace High School - Charitable Gambling License Renewal —Sharx Club Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Fridley Totino Grace High School is currently conducting charitable gambling at Sharx Night Club located at 3720 East River Road. Their Charitable Gambling License expires on March 31, 2005. The renewal application requires a resolution from the City Council approving the renewal. If approved, the premise permit would become effective April 1, 2005 and expire March 31, 2007. Please find a resolution for the renewal premise permit. Staff recommends approval of the premise permit renewal by adoption of the attached resolution. 15 RESOLUTION NO. 2005 - RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING LICENSE FOR FRIDLEY TOTINO GRACE HIGH SCHOOL (SHARX 1vIGHT CLUB) WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling License for the Fridley Totino Grace High School; and WHEREAS, the location of the License is for Sharx Night Club, 3720 East River Road, and will be effective from April l, 2005 to March 31, 2007; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, TI�REFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling License Application for the Fridley Totino Grace High School at Sharx Night Club located at 3720 East River Road. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14� DAY OF MARCH 2O05. ATTEST: DEBRA A. SKOGEN - CITY CLERK � SCOTT J. LUND - MAYOR � � crrr aF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 14, 2005 COMMISSIOIV APPDINTMENT Environmental Qualitv and Enerqv Commission Del Jenkins TERM EXPIRES: April 1, 2007 17 � AGENDA ITEM � COUNCIL MEETING OF MARCH 14, 2005 crrr aF FRIDLEY CLAIMS 120689 -120896 : ➢ 0 � � Cf1Y OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 14, 2005 Tvpe of License LAWFUL GAMBLING PERMIT Fridley Alano Society 5925 University Av. NE Fridley, MN 55432 Fridley Historical Society 611 Mississippi St. Fridley, MN 55432 MASSEUR/MASSEUSE CERTIFICATE Kelli Ann Jorgenson - Salon Amore 1278 E Moore Lake Dr. Fridley, MN 55432 , LICENSES � David Carnahan Robert Christiansen 19 Aaproved Bv Pubiic Safety Dir. City Clerk Public Safety Dir. City Clerk Public Safety Dir � AGENDA ITEM � CITY COUNCIL MEETING OF an oF March 14, 2005 FRIDLEIf LICENSES Contractor T e A licant A roved B Ar ee Electric Electrical Richard Gonzalez State of MN CO Carlson A/C Com an Heatin /Gas Thomas Lindsko Ron Julkowski, CBO Comfort Plus Heatin & Coolin Heatin Steve Saiko Ron Julkowski, CBO Dahl Heatin & Air Heatin Jerome Dahl Ron Julkowski, CBO F& P Construction Roofin Lee Jensen Ron Julkowski, CBO Rob Gazin Plumbin Plumbin Rob Garin State of MN Scott Halderson Construction Residential Contractor Scott Halderson State of MN Ha ford Plumbin Neil Ha ford State of MN Industrial E uities Commercial Contractor Jeff Salzbrun Ron Julkowski, CBO Landa Construction Incor orated Residential Contractor Harris Jones State of MN Moltron Ente rises, Inc. Commercial Contractor Bruce Dearin Ron Julkowski, CBO Neon Ima es Si n Erector C. Ronald Stein Ron Julkowski, CBO Northwoods Mechanical Inc Plumbin Marc Lietzau State of MN John Pederson Construction Inc Commercial Contractor John Pederson State of MN Peo le's Electric Electrical Bob Linber State of MN Pl mouth Plumbin Plumbin Kent Johnson State of MN Schader Plumbin Plumbin Louis Schader State of MN Sun Mechanical Inc Plumbin Clark Grotte State of MN Total Service Co Commercial Contractor Jeff A ness State of MN RESOLUTION RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA, DENYING RENEWAL OF TIME WARNER, INC.'S CABLE TELEVISION FRANCHISE RECITALS 1. The City of Fridley, Minnesota ("City") is duly authorized under state and federal law to permit the provision of cable television services within its jurisdiction through the issuance of a franchise for that purpose. 2. In the past, Time Warner, Inc., d/b/a Time Warner Cable ("TWC"), or its immediate authorized predecessors, has held a franchise for the purpose of providing cable television services to residents of the City. 3. TWC is presently operating under a franchise granted by Ordinance No. 904 passed and adopted by the City on May 2, 1988 (the "Franchise"). 4. The term of the Franchise expired on or about May 16, 2003. 5. The Federal Cable Act establishes a process that a cable operator holding a valid franchise may invoke for cable franchise renewals. If the process is invoked, the operator and the City must follow the federal procedures. These "formal" procedures give the cable operator the opportunity for a fair hearing on its renewal proposal. At the same time, the procedures insure that the City can deny renewal if an operator has performed poorly in the past, or is not qualified, or is not willing make a reasonable proposal to meet the community's needs and interests for the future. Under the formal process, the City is given broad authority to define what the needs and interests of the community are. It is then up to the franchise holder to submit a proposal that is reasonable to meet the community's cable-related needs and interests, taking into account the costs of ineeting those needs and interests. 6. The formal renewal process under the Cable Act is a four-stage process. In the first stage, the City must conduct a proceeding to identify future, cable-related needs and interests of the community, and to review the past performance of the cable operator serving the community. Once that proceeding is complete, the City may issue a request for formal renewal proposals. In the third stage of the renewal process, the cable operator submits a renewal proposal in response to the City's request for formal renewal proposals. If an operator submits a timely and proper response, the City has four months to evaluate the proposal, and decide whether to grant renewal based on the proposal, or to preliminarily deny renewal. 7. If renewal is preliminarily denied, and the cable operator requests it, the City must commence an administrative proceeding. The four issues that are considered at that administrative proceeding are whether: 1) the cable operator has substantially complied with the material terms of the existing franchise and with applicable law; 2) the quality of the operator's service, including signal quality, resporise to consumer complaints, and billing practices, but 21 without regard to the mix or quality of cable services or other services provided over the system, has been reasonable in light of community needs; 3) the operator has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the operator's proposal; and 4) the operator's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of ineeting such needs and interests. 8. At completion of such an administrative proceeding, the City must issue a written decision either granting or denying the operator's renewal proposal. A final decision by the City to deny renewal may be based on an adverse finding on one or more of the issues specified in recital #7 above. 9. The operator may appeal a final decision by the City to deny renewal in state or federal court. 10. By letter dated November 18, 2003, following nearly three (3) years of informal renewal negotiations, TWC requested that the parties proceed with renewal under the "forma.l" process of the Cable Act pursuant to 47 U.S.C. § 546(a)-(g). 11. Based upon TWC's insistence on the formal renewal process, on August 16, 2004 the City Council concluded the two first stages of the formal renewal process when it adopted the Formal Needs Assessment Report ("Report"), and issued a Request for Formal Renewal Proposal for a Cable Franchise ("RFRP"), inviting TWC to submit a proposal describing the cable-related facilities, equipment, and services that it would provide in Fridley over the term of a new franchise. The Report and RFRP identified the cable-related needs and interests of the City and also contained a Model Franchise for meeting certain of those needs and interests. The RFRP required TWC to submit a response by November 30, 2004. 12. On November 30, 2004, TWC submitted to the City a Formal Proposal for Renewal of Cable Television Franchise (the "Proposal"). 13. Pursuant to the Cable Act, the City must, by March 30, 2005, either renew the Franchise under the terms of the Proposal or issue a preliminary assessment that the Franchise should not be renewed. 14. Under the Cable Act, the City is not required to detail the grounds for its preliminary decision. As a result, this Resolution does not list in detail all of the shortcomings of TWC's Proposal nor any problems associated with TWC's past performance. Rather, it explains some of the reasons why it is appropriate to preliminarily deny the Proposal. Given the statutory deadline of March 30, 2005 and the City Council's meeting schedule, the City's only choice at this point is to either accept TWC's Proposal as submitted or to issue a preliminary denial of renewal. 15. The grounds for preliminary assessment of denial are as follows: a. TWC's proposed language related to gross revenues seeks to change the current status of defining "gross revenues" in a manner likely to reduce revenues to the 22 � City by modifying the manner in which bad debt can be written off, as well as by modification of the manner in which revenues are defined so as to potentially exclude cable-related services that may expand in the future. TWC's proposed language also fails to protect the City from any potential revenue losses that may be generated by product bundling with services not currently provided for under the Franchise. b. TWC proposes to change the existing performance bond and security fund language in the Franchise, as well as to limit its access costs under the City's Right of Way ordinance. TWC's proposed security language would create an unfair additional financial risk to the City. TWC's Proposal right-of-way provisions would impose unfair costs to the taxpayers, including those that aze not customers of TWC, subsidizing TWC's operations in the City. c. TWC's Proposal fails to meet the requirement that the Grantee supply the City with maps of its facilities within the City, which is of great importance to assure the City, TWC and the public that there would be no disruption of service or costly repairs necessitated by the disruption of those facilities or equipment when work is occurring within the public right-of-way. d. TWC's Proposal does not provide for the long-term construction, upgrade or even maintenance of an adequate, much less state-of-the-art, institutional network, + which has been and continues to be a critical component of educational and local governmental communications within the City. - e. TWC's Proposal inadequately addresses the stated need for public, educational and governmental access capacity and support within the City. TWC's Proposal offers an equipment grant that is nearly one quarter million dollars below the determined need of the City. TWC's Proposal eliminates entirely TWC's current obligations regarding the provision of public access for use by residents and subscribers in Fridley. f. TWC's Proposal would radically change the current local origination and public access practices by shifting the entire cost, sta�ng, and a most of the equipment component, to the City. g. TWC proposes reducing the current four (4) PEG access channels provided to the City to three (3) channels, despite the fact that the City has determined the fourth channel is needed for use by public entities. h. TWC's Proposal is for a ten (10) year franchise with a five (5) year, � automatic renewal if the system is "state-of-the-art." The transitional nature of technology in this area makes anything beyond the City's ten (10) year term inadequate and against the City's interest. TWC's proposal also completely ignores the right of the ` City to base renewal of TWC's Franchise in ten (10) years on the then existing needs and interests of the City, instead mandating an automatic renewal based solely on whether the cable system is "state-of-the-art." 23 t i. TWC proposes to eliminate the current emergency system override that public safety officials in the City have stated is a necessary public safety tool. j. TWC's Proposal would require the City to abandon its current role as the protector of consumers within the City. TWC contends that it should only have to follow FCC standazds, but those FCC standards expressly authorize the role of the City as the guardians of their citizens' interests as consumers. k. TWC's Proposal includes a provision that limits the ability of the City to grant a second cable franchise to a potential competitor by requiring the City to adopt "level playing field" language that is substantially more restrictive than that the City is obligated to comply with under existing state law and would create barriers to competition from other providers. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. Each and every recital set forth above is hereby incorporated as a finding and resolution of the City. 2. By passage of this resolution, the City issues a preliminary assessment that the cable franchise issued by Ordinance No. 904 should not be renewed. � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF MARCH, 2005. � ATTEST: DEBRA A. SKOGEN — CITY CLERK SCOTT J. LUND — MAYOR 24 , � � CITY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MARCH 14, 2005 INFORMAL STATUS REPORTS 25