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02/14/2005 - 00026753CITY COUNCIL MEETING CITY OF FRIDLEY FEBRUARY 14, 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 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 Bolkcom Councilmember Wolfe 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 Brian Weierke, Police Captain Rebecca Brazys, Recording Secretary CONSENT AGENDA: APPROVAL OF MINUTES: Closed City Council meeting of January 24, 2005. APPROVED Administrative Hearing of January 24, 2005. APPROVED City Council meeting of January 24, 2005. APPROVED FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2005 PAGE 2 OLD BUSINESS: 1. Receive Bids and Award Contract for Springbrook Creek Restoration Project No. 358 (Tabled January 24, 2005). Dr. Burns, City Manager, explained that the bids for this project were received on January 24, 2005, and the lowest bid was from G.L. Contracting, Inc. Since the low bid was $102,000 over the funding available, staff asked Council to table the award. Since the January 24 Council meeting, staff has worked with the low bidder to redesign certain parts of the project which has resulted in a savings of $39,000. Staff also called upon the participating cities to request the full amount of each city's pledge made in 2000 which brought in another $60,503. The Six Cities Watershed District has agreed to provide an additional $4,150 and the Springbrook Apartments have agreed to an additional cash contribution of $2,500. The new revenues ($67,103) will be used to bring total revenues ($210,505 plus $67,103) to $277,658. The $39,000 reduction in construction expenditures brings the construction cost to $264,635. To that must be added $8,040 in costs for construction engineering services which brings the total costs to $272,675. This total includes $10,000 contingency for change orders. The $277,658 in revenues minus $272,675 in expenditures leaves us with a surplus of $4,983. Dr. Burns stated that staff recommends that Council remove this item from the table and award the contract to the low bidder, G.L. Contracting, Inc., of Medina, Minnesota, in the amount of $264,635.10. Staff also recommends that Council approve the construction services contract in the amount of $8,040 with WSB Engineering of Minneapolis, Minnesota. APPROVED. NEW BUSINESS: 2. Preliminary Plat Extension Request, PS #04-04, by Park Construction Company to Replat Multiple Parcels to Create One Lot, Generally Located at 30-91St Avenue N.E. (Ward 3). Dr. Burns, City Manager, explained that Council approved a preliminary plan for this property on August 23, 2004. Since then, Park Construction has obtained adjoining property to the south of the subject parcel. The petitioner is seeking a six-month extension of his preliminary plat. This will give him time to include the newly acquired property in the newly created plat. Staff recommends Council's approval. APPROVED. 3. Approve 2005 Agreement for Residential Recycling Program between the City of Fridley and the County of Anoka. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2005 PAGE 3 Dr. Burns, City Manager, stated this agreement defines Fridley's recycling responsibilities, establishes reporting requirements, and identifies $61,071.10 in SCORE funds, as well as the billing procedure to be used for Fridley's reimbursement of eligible costs. Due to fluctuations in numbers of households in cities throughout Anoka County, Fridley's 2005 SCORE reimbursement will be $656.82 less than the amount received in 2004. Staff recommends Council's approval. APPROVED. 4. Receive Bids and Award Contract for the Repair of Well Nos. 3 and 6. Dr, Burns, City Manager, stated staff is recommending that the contract for redevelopment of Wells 3 and 6 be awarded to the low bidder, Bergerson-Caswell, Inc., of Maple Plain, Minnesota, in the amount of $70,776. Although only $60,000 was budgeted in the 2005 Capital Improvements budget for these repairs, staff expects that the actual cost will be within budget. The bid amounts are "not to exceed" amounts and are based on replacement of all parts of the well. Typically well redevelopment programs do not result in replacement of all well parts and usually result in a savings. Staff recommends that the bid for well redevelopment be awarded to Bergerson- Caswell, Inc., in the amount of $70,776. APPROVED. 5. Resolution Receiving Final Plans and Specifications and Ordering Advertisement for Bids: 73rd Avenue Mill and Overlay Project No. ST. 2005-2. Dr. Burns, City Manager, stated that $100,000 has been budgeted in the 2005 Capital Improvements budget for the mill and overlay of the portion of 73rd Avenue that runs between Able Street and Highway 65. This cost is reimbursable from the "needs allocation" portion of the State Aid construction funds. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-12. 6. Resolution Authorizing Changes in Appropriations for the 2004 Budget. Dr. Burns, City Manager, explained these are changes that occurred in the last two months of 2004. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-13. 7. Appointments — City Employees. Dr. Burns, City Manager, recommended the appointment of Matthew Noren as Patrol Officer and Tammy Christiansen as Accounting/Data Processing Clerk/Cashier. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2005 PAGE 4 APPROVED. 8. Claims (120227 — 120554) APPROVED. 9. Licenses. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the consent agenda as presented. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Billings, seconded by Councilmember Barnette, to approve 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., asked why trees were being cut down on the corner of 73rd and Baker Street. Mr. Haukaas, Public Works Director, said a building is being constructed on that site so the land had to be cleared. NEW BUSINESS: 10. First 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. Captain Brian Wierke stated the City had received a complaint regarding ultimate fighting taking place in some of the liquor establishments in the City. In November, 2004, a 25 year old male was badly beaten and suffered life-threatening injuries outside an ultimate fighting event and alcohol was involved. In Minnesota, ultimate fighting is unregulated by the state or by any professional associations. There have been other minor incidents related to ultimate fighting events. According to the Illinois Department of Regulation, 12 people have died after participating in these types of events and 12 states severely restrict or ban these types of competitions. Experience shows that FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2005 PAGE 5 when you mix a violent sport and alcohol, poor choices are made. Alcohol removes the inhibitions people have and contributes to people wanting to emulate the fighters. At this time, West St. Paul is the only Minnesota city to ban combative sports such as ultimate fighting. There are no other professional sporting events in Fridley where alcohol is served. This proposed ordinance amendment will not ban combative sports but will separate those events from the serving and consumption of alcohol. The question of ultimate fighting was included in the 2003 Council/Commission survey and the results indicated strong support for regulating these events. The City of Fridley is committed to Values First and non-violence is a key value. This proposal would eliminate combative sports from those establishments that hold beer or liquor licenses listed in Chapter 602, 603 and 606. The amendment will read as "No licensee shall permit in any licensed establishment or any adjoining property owned or leased by the licensee any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, head, feet or body. Team sports in which physical contact is incidental to the primary purpose of the game, such as basketball, volleyball, soccer, football, and softball are not included among activities prohibited by this section. This ordinance will also apply to any license issued under Chapter 602 and 603." Staff recommends approval of the first reading. If it is approved, staff recommends holding the second reading on February 28, 2005. Councilmember Wolfe asked if it is necessary to include hockey in the list of sports not affected by this amendment. Captain Weierke responded the sports listed were just examples. Councilmember Billings stated about a year ago the Police Department presented a different ordinance to the Council for the regulation of ultimate fighting. At that time some people promoting this sport were going to get back to the City regarding forming a commission to oversee this activity. He asked if that had been done. Captain Weierke responded that in November, 2004, he met with one of the promoters, Mike Riley, to discuss an ordinance proposed earlier. Mr. Riley was supportive of the ordinance but had two major concerns; liquor being served and minors being allowed to attend. Councilmember Billings asked why staff is now recommending a different approach instead of passing an ordinance that would regulate ultimate fighting. Captain Weierke stated after meeting with the City Attorney and the City Manager, they decided that it would be very difficult for the City to regulate the entire sport. Staff is not against ultimate fighting itself but is opposed to mixing it with alcohol. Councilmember Billings commented that Minnesota does not regulate boxing, wrestling or ultimate fighting so the City would be "out there all by ourselves" if the Council chose to regulate this sport. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2005 PAGE 6 Councilmember Barnette asked if this amendment is approved and the ultimate fighting group decides to rent a facility such as Columbia Arena to hold an event, could they do so? Captain Weierke responded they could have ultimate fighting events in Fridley but not in any of the liquor establishments. Mr. Mike Riley presented an ordinance he had prepared to establish guidelines for the regulation of ultimate fighting. He then explained that ultimate fighting is a brand name and that the sport is actually referred to as mixed martial arts. He stated there have been no deaths in this sport. The deaths as reported by Captain Weierke occurred during "tough man fighting" events. Mayor Lund questioned how the sports, such as tough man, can be separated from mixed martial arts when there was no commission overseeing those sports. Mr. Riley explained that without governmental support, such a commission has no power. XKK, the local organization for mixed martial arts, runs very close to the commission rules and guidelines. Illinois does not allow mixed martial arts events unless they are sponsored by a sanctioned organization, which is why they put together the Combat Sport Alliance so that events would be sanctioned, rules established, and to provide uniformity in how shows are run. The proposal before Council tonight is arbitrary and capricious because it singles out this sport. Councilmember Bolkcom pointed out that the amendment does not just single out mixed martial arts. Mr. Riley stated riots happen in basketball games and other sporting events. Councilmember Bolkcom stated this amendment is not an attempt to regulate the sport but simply to eliminate the sale of intoxicating beverages at such events. Mr. Riley stated he believes it is wrong to tell the fans of this sport that they cannot sit and have a beer while they watch the sport. He questioned why combative sports are being singled out for this policy. Councilmember Billings commented that the proposed ordinance Mr. Riley presented this evening is an attempt to regulate mixed martial arts, but that is not what is on the agenda. What Council is discussing is an ordinance relating to on-sale liquor establishments which State law allows Council to regulate. He thanked Mr. Riley for presenting the ordinance, but Council is not interested in regulating this sport at this point in time. Councilmember Bolkcom stated the ordinance Mr. Riley presented is very similar to an ordinance Council reviewed last year. After discussion with the City Attorney, the City FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2005 PAGE 7 Manager determined that the City should not attempt to regulate the ultimate fighting sport and the on-sale liquor ordinance amendment is the way they chose to proceed. Mr. Riley stated they have had a lot of the mixed martial arts shows at Spiker's. This has been a profitable business, with their last event drawing about 800 spectators with no problems. He believed that the ordinance the Council is considering is an over- reach of authority. Mayor Lund commented that he has had calls from Fridley residents concerned about this sport being conducted in their community. Mr. Riley explained the purpose of the ordinance he presented was to have some regulations in place by the City. Mayor Lund commented that a recent Council/Commission survey revealed that those responding were overwhelmingly in favor of restricting this type of activity because of its violent nature. Also, it is rare that the Police Department brings forward such legislation and he believes Council should support the Police Department. Councilmember Wolfe commented there have been fights at softball games, hockey games and other sporting events. Mr. Abbott, Public Safety Director, explained the police respond to calls at all types of sporting events. The fight that occurred outside the ultimate fighting event, however, was not only life-threatening, but appeared to be the result of the same conduct that occurred at the event. Captain Weierke commented that the only sporting event at a liquor establishment in Fridley is ultimate fighting, with the rare exception of temporary permits for certain events. Councilmember Barnette pointed out that if this amendment is approved, the ultimate fighting events can still be held at non-liquor establishments. He asked Mr. Riley if he thought the ultimate fighting fans would attend events where there is no alcohol served. Mr. Riley stated his experience has been that when alcohol is prohibited at such events, the fans end up drinking in the parking lot which is much more difficult to control. Councilmember Billings pointed out that the ordinance the Police Department came forward with in early 2004 also prevented alcohol at such events. Mr. Riley commented that the mixed martial art events have been very profitable for the Fridley establishments and for the fans. Initial events were held by a promoter that fighters did not want to fight for; a promoter who held very dangerous events, took gate receipts and did not pay the fighters. Mr. Riley explained that he and others worked very hard to push that promoter out of the City. He explained that XKK (Extreme Kage FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2005 PAGE 8 Kombat) is now running the events with a dedication to its participants and fans and working very hard to improve the quality of the sport and the quality of the event. Because the sport is unregulated, fighters have been put in precarious positions, but in this City, the XKK is making great improvements. He asked that Council not force fans to stay home and not attend these events by banning the sale of alcohol. Mayor Lund stated that fans will still be able to attend the mixed martial art events. They simply will not be able to consume alcohol while they enjoy the show. He asked Mr. Abbott if he agreed with Mr. Riley's claim that prohibiting the sale of alcohol will result in alcohol consumption outside the premises. Mr. Abbott replied he believes that may occur, but with the right intervention by police, it would not continue. Councilmember Bolkcom asked the City Attorney to comment on the liquor ordinance in Fridley. Mr. Knaak stated the City has complete discretion to ban alcohol sales completely or allow it under any circumstances it chooses. What Fridley has chosen to do is allow alcohol to be served where food is served and where the primary purpose of the establishment is the serving of food. There are occasional temporary licenses issued for beer consumption at specific events, but those are rare. Councilmember Wolfe commented that attendance at professional sporting events would be affected if alcohol sales were banned. Councilmember Bolkcom stated there may be other fans that stay away from such sporting events because of the alcohol. Dr. Burns, City Manager, stated that it appears that the ordinance Mr. Riley has presented puts the City in the position of regulating a sport in which City staff has no expertise. To the extent the City would start doing so without proper expertise, they create a potential liability stemming from a very violent sport. The next best thing is to separate the violent sport from the connection with alcohol. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to waive the reading and approve the ordinance on first reading. There was some discussion among Council members about adding hockey to the list of sports in the ordinance but it was agreed that the words "such as" make it unnecessary to list every sport. 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 PASSED ON A FOUR TO ONE VOTE. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 14, 2005 PAGE 9 11. Resolution of the City of Fridley Finding the Proposal of Time Warner to Provide Cable Communications Services within the City to Inadequately Meet the Cable Communication Needs of the City Making a Preliminary Assessment Denying the Renewal of the Franchise of Time Warner. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to adopt the resolution. Mr. Knaak stated the outside consultant on this matter has requested that it be tabled until the next regular meeting. MOTION by Councilmember Billings, seconded by Councilmember Wolfe, to table this resolution until such time as staff can get input from their consultant. Councilmember Bolkcom when the deadline was for action on the cable communications agreement. Mr. Knaak responded that the deadline is March 31, 2005. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Reports. Mr. Hickok, Community Development Director, stated the 7t" Annual North Metro Home and Garden Show is scheduled for March 5 from 9:00 a.m. to 2:00 p.m. at the new Schwan Center in Blaine. There will be 75 vendors present and many different seminars offered. Admission and parking is free. ADJOURN MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:50 PM. Respectfully submitted by, Rebecca Brazys Recording Secretary ��� �� Scott .,�Lund Mayor