08/24/2009 - 4541�
� CITY COUNCIL MEETING OF AUGUST 24, 2009
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FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard
to public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired
persons who need an interpreter or other persons with disabilities who require auxiliary aids should
contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Kyle Knutson — C/I Code Enforcement
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of August 10, 2009
NEW BUSINESS:
1. Resolution to Vacate a Portion of 61 '/ Way
Right-of-Way Only to Allow for the Construction
of the Northstar Park and Ride Lot, Generally
Located at 6151 East River Road N. E. (Ward 3) ............................................ 1- 9
2. Motion to Allow the Removal of Four Trees to
Accommodate the Placement of an Electronic
Message Center Sign in an S-2 District, Generally
Located at 6341 University Avenue N.E. (Ward 1) .......................................... 10 - 12
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Motion to Approve the Articles of Incorporation
and Bylaws of Minnesota Metro North Tourism
and Appoint Debra Skogen, City Clerk, to Serve
as the Representative from the City of Fridley ...................................................... 13 - 30
4. Claims ............................................................................................................. 31
5. Estimates ............................................................................................................. 32
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
OLD BUSINESS:
6. Review On-Sale Intoxicating Liquor
License for William J. Bisek of JWBB, Inc.,
d/b/a Baggan's Pub, Located at 3720
East River Road (Ward 3) ..................................................................................... 33 - 34
7. Approve Antenna Site Lease Agreements
Between the City of Fridley and TTM
Operating Corporation, Inc., for Water
Tower No. 1 and Water Tower
No. 2(Tabled August 10, 2009) ............................................................................ 35 - 48
FRIDLEY CITY COUNCIL MEETING OF AUGUST 24, 2009 PAGE 3
PUBLIC HEARING:
8. Preliminary Assessment Hearing on Street
Rehabilitation Project No. ST 2009-02 .................................................................. 49 - 50
NEW BUSINESS:
9. Resolution Ordering Final Plans, Specifications
and Calling for Bids: 2009 Street Rehabilitation
Project No. ST 2009-01 .......................................................................................... 51 - 53
10. Resolution Certifying Proposed Tax Levy
Requirements for 2010 to the County of Anoka .................................................... 54 - 55
11. Resolution Adopting the Proposed Budget
for the Fiscal Year 2010 ........................................................................................ 56 - 58
12. Informal Status Report .......................................................................................... 59
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
AUGUST 10, 2009
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
James Kosluchar, Public Works Director
Julie Jones, Planning Manager
PARKS AND RECREATION UPDATE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of July 13, 2009 (Tabled July 27, 2009).
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
City Council Meeting of July 27, 2009.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 206, Building Code of the
Fridley City Code Pertaining to the Minnesota State Building Code.
William Burns, City Manager, stated staff recommends Council adopt the Energy Code
amendments that were added to the State Building Code during the last legislative session.
These things relate to things like insulation in walls and precautions that need to be taken
between separating an extra screened-in porch from the rest of the house to make sure the rest of
FRIDLEY CITY COUNCIL MEETING OF AUGUST 10, 2009 PAGE 2
the house is not compromised energy wise and a variety of energy-type things related to roofing
and other matters that are part of this new Energy Code. We have to enforce it whether we adopt
it as part of our Code or not. Staff recommend's Council's approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1261 ON SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
2. Resolution Authorizing Changes in Appropriations for the 2009 Budget for January
through July 2009
William Burns, City Manager, stated the adjustments in the budget are largely as a result of
numerous reimbursements. Staff also corrected an item that should not have been budgeted.
Additionally, staff reallocated the $107,300 that was previously budgeted for parks capital
improvements to the general fund. Nearly all the $32,215 in expenditure increases are for Police
Department items for which they have received some grant money or some other form of
reimbursement. The $3,276 in unbudgeted emergency management supplies are intended for use
in the Emergency Operations Center for an additional projector, screen and sound system. It
would be paid from a federal grant. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2009-30.
3. Approve Antenna Site Lease Agreements Between the City of Fridley and TTM
Operating Corporation, Inc., for Water Tower No. 1 and Water Tower No. 2.
William Burns, City Manager, stated Telecom Transport Management (TTM) has asked us to
allow space for antennae on the Commons Park and Highway 65 elevated storage tanks. They
will require an 18-inch by 13-inch equipment panel on a concrete bed and a single two-foot wide
antenna at each site. This equipment is much less large and imposing than some of the other
equipment we have from the other providers. In return, the City will be getting $300 per month
for the first antenna and $200 a month for any additional antennae. Our rates will escalate by 3
percent annually. If TTM chooses to sell these two existing antennae, they agree to pay the lease
of the existing tenant and their own lease. The other tenants in Commons Park are T-Mobile and
Met Council. The tenants at the Highway 65 tower are T-Mobile and AT&T. If the leases are
approved, TTM will begin a design approval process with staff. Staff recommends Council's
approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Claims (142703-142896).
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 10, 2009 PAGE 3
5. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
6. Estimates:
Colt Construction Services, LLC
285 Forest Grove Drive, Suite 126
Pewaukee, WI 53072
85th Avenue Trail Proj ect No. ST. 2007-4
Estimate No. 6 ................................................$132,926.47
Ellingson Drainage Co.
P.O. Box 68
West Concord, MN 55985
2009 Watermain Rehabilitation Project No. 386
Estimate No. 2 ................................................$ 70,828.30
APPROVED.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that the approval of the City Council Meeting Minutes of July
13, 2009, and July 27, 2009, along with Item No. 3, be removed.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of the
City Council Meeting Minutes of July 13, 2009, and July 27, 2009, and Item No. 3. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of the City
Council Meeting Minutes of July 13, 2009, and July 27, 2009, along with Item No. 3. Seconded
by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 10, 2009 PAGE 4
OPEN FORUM:
Councilmember Bolkcom thanked everyone who attended the open house related to the signal
intersection and the Northstar corridor improvement. She asked Mr. Kosluchar whether he has
heard anything back from the County. They had made some comment at the meeting related to
looking at changing the timing of the signals on Mississippi.
James Kosluchar, Public Works Director, stated he believed that the analysis is ongoing. He
thought the timing will be looked at sometime during the next two to three weeks.
William Burns, City Manager, stated we received a copy of the letter from Pete Borman to
Dennis Berg, Chair of the Anoka County Board of Commissioners, outlining his points of
contention on the signal and promising to appear at the County Commissioners meeting.
NEW BUSINESS:
7. Consideration of a Revision for Special Use Permit, SP #09-01, by Glenn Nelson, for
Samir Awaijane, of 7570 Inc., (Sam's Auto World), for Automobile Repair for a
Multi-Tenant Business, Generally Located at 7570 Highway 65 N.E. (Ward 2).
Julie Jones, Planning Manager, stated there are two buildings on the site. Special Use Permit,
SP #09-01, was approved by the City Council on February 9. A previous special use permit for
the site was revoked last November due to problems the business owner had with meeting the
stipulations of that special use permit for auto repair. Council approved a new special use permit
in February with 17 stipulations. Some of the stipulations had 30-day deadlines and some had
60-day deadlines. The property owner, Samir Awaijane, has moved back from Florida and has
now decided to operate Sam's Auto World out of this location again. Previously he had
indicated that he was not going to be operating that business any longer.
Ms. Jones stated staff is generally pleased with the changes they have seen at the site over the
past six months. They have received no complaints of any kind that she is aware. They have
made quite a bit of progress and done some work above and beyond what was in the stipulations.
There were several tenants that were a problem to the property owner. With some great
difficulty the petitioner removed some of those tenants. They are also being very cautious about
re-leasing the space, and they have contacted staff to make sure any uses they consider do fit
within the Code.
Ms. Jones started reviewing the 30-day stipulations. One was for the removal of an outside
storage area in the rear building, which is in Stipulation No. 4. This was delayed primarily
because a lot of the material was frozen into the ground. However, the site is now all cleared
within that storage area, except that they now have some vehicles stored in the back storage area.
Ms. Jones stated there was also an outside storage area along the south side of the front building.
This is the side that abuts Fridley Terrace Mobile Home Park That area had been full of parts
which have now been removed. However, they do still need to remove the fencing that blocks
FRIDLEY CITY COUNCIL MEETING OF AUGUST 10, 2009 PAGE 5
the view of this area from the front of the property as well as landscape the area which was part
of the stipulations.
Ms. Jones stated another 30-day stipulation was in regards to the spray booth and sprinkler
system. The latest information she has from the Fire Marshall is that he had been contacted by
the contractor in regards to this issue, but he has not been called back to inspect nor has he seen
any more reports on the spray booth and the sprinkler system.
Ms. Jones stated the structural lintels over the top of many of the garage doors were severely
damaged and needed repair. Those have now been repaired. Also, the building owner repaired
some damage to the northwest corner of the front building. They repainted both of the buildings,
which was not one of the stipulations. They also repainted the framing for the sign which was
not one of the stipulations. They have submitted a revised sign plan as required which includes
the rear building and mention of the freestanding sign. It was ready in time to put on the consent
agenda for this Council meeting, but staff thought they would delay that item. Staff can bring
this forward at the next Council meeting if Council would like them to.
Ms. Jones stated another stipulation completed was they were required to store their customers'
vehicles that are in a state of disrepair or awaiting payment in the back of the building. As far as
staff can see, that is being done consistently. They have also submitted a revised site plan as
requested. They were supposed to submit a site plan showing room for an additional five
parking spaces. They have submitted a site plan that shows an additional seven parking spaces
between the rear and the front building.
Ms. Jones stated, there are some stipulations that are still incomplete. Staff is awaiting
verification of the makeup air for the spray booth exhaust. Staff still needs a balance report and
ventilation rates per the mechanical code. Also, the owner still needs to remove the rear storage
fencing. The owner has requested a change in this stipulation. He has discovered that his
insurance requires he have a secure area to store vehicles that are awaiting payment from his
customers. He would like to keep that rear storage area for storage of customer vehicles. The
petitioner has presented staff with four different options as to how that fencing could be
modified.
Ms. Jones stated staff recommends modifying Stipulation No. 6 to allow the fencing area to
remain in its current location but require the removal of the boards and replacement with chain
link Staff also recommends modifying Stipulation No. 4 to allow the rear structure to remain.
The property owner claims he did not understand that stipulation at the time. Staff has agreed
that now that the outside storage around that area is removed, it does appear reasonable to allow
them to keep that area for interior storage and keep the storage inside and out of view. Staff
recommends that since they have made significant progress, the petitioner be allowed another 30
days to come into compliance with the stipulations, which seems to be a reasonable time frame.
This item would be brought back at Council's September 14 meeting.
Councilmember Bolkcom asked Ms. Jones when she got the option to modify Stipulation No.
6.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 10, 2009 PAGE 6
Ms. Jones replied staff received them a couple weeks ago. She stated the whole reason the City
wanted the storage area removed, besides the fact they did not have a special use permit for
outside storage and the Code does not allow it, was there was some concern about having
adequate area to turn vehicles around in the rear of the building. Once they reduced the number
of vehicles in the back, they could move around and turn around in the back of the building with
the storage area in its current location.
Councilmember Bolkcom asked why not let them keep it as big a storage space so they can
keep the vehicles that are back there waiting to be repaired or be picked up. Why would they
want to reduce that and maybe cause more clutter in the whole overall plan?
Ms. Jones replied, she thinks the reason was to avoid the reoccurrence of it becoming a storage
area for vehicles parts and other problems.
Councilmember Bolkcom stated it is very clear in the stipulations that it is to be only for
vehicles. Staff could actually monitor that, correct?
Ms. Jones replied, correct. The other option was to reduce the size of the storage area in line
with the rear building. They could make use of the current panel that they have on the site now,
and they could just move that rather than purchase all new fencing material.
Councilmember Bolkcom stated but even if they moved it to be in line with the building, staff
is still recommending that it be a chain link fence, correct?
Ms. Jones replied, correct. The other option was to place fencing along the rear of the front
building.
Councilmember Bolkcom asked, and why they would want that option.
Ms. Jones replied staff found it more aesthetically pleasing to have less fencing on the site.
However, they can understand the petitioner's issue with security.
Councilmember Bolkcom asked about the question from the Fire Marshal.
Ms. Jones stated the Fire Marshal heard from a contractor who had been working on the site, but
the Fire Marshal had not been called back for an inspection as was expected. Stipulation No. 12
states the Fire Marshal would be called back for an inspection or there would be some sort of
report that would verify that the spray booth and the sprinkler system were functioning. Staff
has not received verification on that.
Councilmember Varichak stated Mr. Nelson has been here a number of times and asked over
and over again about the 17 stipulations and whether he had any problems getting those
corrected. He stated he did not have a problem meeting those 17 stipulations. Here we are on
August 10 and all of the 17 stipulations have not been met. He is asking for another 30 days to
get this all in line. She asked if all of this would be done in 30 days.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 10, 2009 PAGE 7
Glenn Nelson, property manager at 7570 Highway 65 N.E., said he underestimated his tasks.
Part of his problem was with the ownership of the property, part of his problem was weather-
related, and part of his problem was his own inability to fully grasp how long these items take to
get done. The last problem was with the existing tenants. He had to do some legal maneuvering
to eliminate three problems they had on the site with tenants. He tried his best to move tenants
around and thought it would resolve the problem and found it did not. He said it was a difficult
time right now.
Mr. Nelson stated within the next 30 days he will be able to complete his tasks and do the job
correctly. When he first came here he thinks he was adorned with an improper chip on his
shoulder especially with reference to working with Fridley's staff inembers. It became very
clear to him right away that the more transparent he was, City staff were much more open to
working with him. He has found the staff here are excellent people and have helped him. If he
had to do it over again, he would have asked for nine months.
Councilmember Bolkcom stated she understands what he is saying, but in their staff report it
says that the petitioner and his manager were unaware of the stipulations related to No. 4, which
refers to the existing racking and structure to be removed.
Mr. Nelson replied that is his fault. When he looked at that item, he thought that it referred to the
racking as the structure that had to be removed. He did not understand that staff was looking at
removing the $30,000 garage. That was his misunderstanding.
Councilmember Bolkcom asked about the fence.
Mr. Nelson said he is asking for an exception to what he had agreed to because the owner is
back in charge in his ownership capacity, and they found that insurance companies are requiring
they have a secure area on this site. When a car is brought to the property, in the time between
when it is towed onto the site and they get the adjuster there and get the parts ordered and they
fix it, they have to have a secure area. He did not properly address that until about 60 days ago.
Councilmember Bolkcom stated but he knew the fence was supposed to come down. Sixty
days ago when he decided to start running Sam's Auto Body, Mr. Nelson found out the insurance
company said they had to have a secure area and that is when he started talking to staff about it.
Mr. Nelson replied, yes, and staff was good enough to come out and meet with him when the
owner was in Minnesota on the site so they talked about options for the fencing. He is very
comfortable with taking staff's suggestion and taking the opaque slats off the fence and covering
that up with a very transparent chain link fence.
Councilmember Bolkcom asked what would he think of allowing the fence to stay there but
allowing City staff to come in and inspect it on a regular basis. The only thing that could stay
back there are cars. No parts or pieces of cars.
Mr. Nelson replied he would be ecstatic. He had quite a challenge with the owner and other
tenants that are no longer there trying to operate as a salvage yard, rather than an auto body shop.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 10, 2009 PAGE 8
He threw away between $25,000 to $30,000 worth of usable parts. He does not know what the
end result will be, but they have one or two former tenants who are contacting their attorneys
about him improperly taking property. He gave them warnings in writing to get the parts out of
there. They are now just operating as a standard body shop or auto repair facility. They are not
going out and buying extra things and hoping that a car matches the junk they have.
Councilmember Bolkcom stated she understands staff saying a chain link fence would be good
because they can drive by and observe whether there are auto parts in the back On the other
hand, she is okay with the fence being where it is at and remaining the way it is. They would
obviously have to change the stipulation to say something about staff being able to go back there
on a regular basis until this site actually has a good record. She knows Mr. Nelson was not the
manager then, but they can only go by the past history.
Mr. Nelson replied he understands that. They would be most appreciative of leaving the fence
where it is and removing the boards and replacing it with very transparent chain link.
Councilmember Bolkcom asked if they wanted to put a chain link fence there.
Mr. Nelson replied, absolutely because then there is no question. City staff can see what is
going on. He is very comfortable with that.
Councilmember Bolkcom asked if they were to allow the existing racking and structure on the
south side of the rear building which is Stipulation No. 4, they would include that it could remain
for internal storage only. There could be nothing on the outside of the building.
Mr. Nelson said all of the racking is gone. There is nothing out there.
Councilmember Bolkcom stated but the structure is still there.
Mr. Nelson stated the approved garage is still there. It is attached to the building.
Councilmember Bolkcom stated the stipulation now says existing racking and structure on the
south side of the rear building must be removed. We could change that stipulation to say
structure on the south side of the rear building may remain but for internal storage only.
Mr. Nelson replied, correct. He is very comfortable with that.
Councilmember Bolkcom said they would also have to change Stipulation No. 6.
Mayor Lund suggested changing Stipulation No. 4 by removing the words "and structure." The
stipulation would read "Existing racking on the south side of the rear building must be removed
within 30 days of issuance of the SUP." If you want to add something about the garage
structure, maybe that should be added as another stipulation. For Stipulation No. 6, delete
"interior" and then after "fencing" delete "around previous outside storage area and." It would
now read, "Existing site fencing on south side of front building must be removed within 30 days
of issuance of SUP." He asked if the fencing on the front building has been removed.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 10, 2009 PAGE 9
Mr. Nelson replied, no, it is about three feet wide and he guessed he would remove that himself.
Mayor Lund suggested creating a Stipulation No. 19 which would read "The existing interior
fencing that encloses the outdoor storage area would be for cars only. The wood fencing would
be removed and chain link fencing installed."
Councilmember Bolkcom said there could be a stipulation stating the structure on the south side
of the rear building shall remain for internal storage only.
Councilmember Bolkcom asked if he will be able to do this by the end of September.
Mr. Nelson replied, yes, he can.
Councilmember Bolkcom suggested the stipulation regarding the fence read, "Existing wood
fence shall be replaced with chain link at current location."
Councilmember Bolkcom asked about Stipulation Nos. 12 and 13, regarding the ventilation and
the Fire Code.
Mr. Nelson replied the paint booth contractor has been hired and the required sprinkler heads
have all been replaced. He will call the Fire Inspector and have him come back All the work is
complete.
Councilmember Bolkcom stated so as of tomorrow he will call and all buildings shall be
compliant with all applicable fire building codes including verification that the spray booth and
sprinkler systems are functioning as designed?
Mr. Nelson replied, correct. He has one other thing that is going to take him about a week and a
half longer. He has to meet with their engineers to recalculate the ventilation numbers. It was
done under a different set of statutes. He used an International Building Code, and it is a
different system than what the City requires.
Councilmember Bolkcom asked if they are just giving an extension tonight.
Ms. Jones replied that is how she understood it. They would be continuing the item until
September 14. Her understanding from talking with the City Attorney is that a lot of the
wordsmithing of the stipulations they are talking about could be put into a resolution that could
then be brought back before them at the September 14 meeting for their adoption. We do need to
make the record clear as to what the stipulations are. The special use permit does go with the
property even if the property sells. We want to make sure that the requirements are recorded
properly at the County level.
Mayor Lund asked if they table this for 30 days and approve a resolution on September 14,
would that give the petitioner another 30 days from September 14. He asked the City Attorney
if that would be an issue.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 10, 2009 PAGE 10
Fritz Knaak, City Attorney, replied, that is not an issue.
Ms. Jones stated a resolution is not like an ordinance. An ordinance has to be published and
there are so many days before it goes into effect. A resolution would go into effect immediately.
Attorney Knaak stated it would go into effect immediately, and the purpose of the resolution
would be as a recordable document.
Mayor Lund stated the area along the south is not very defined. He asked about the general
condition of the wood privacy fence that separates the petitioner's business from the
manufactured home community.
Mr. Nelson said they put that fence up. It is a cedar fence and is in good condition. It is
structurally sound.
Councilmember Bolkcom asked if the fact that Sam's Auto Body is operating again should
change any of the stipulations.
Ms. Jones replied it does not change any of the stipulations. She said Mr. Nelson has had
conversations with staff about doing further beautification of the site and looking at vacating the
very end of the street frontage road in front of their property to give them some additional
greenspace in front of the building and possibly changing their entrance sign and putting in some
landscaping around it. This is something staff has talked to the owner about many times in the
past.
Councilmember Varichak expressed appreciation to Mr. Nelson for all the positive things done
that were not stipulations that have made the property look a lot better.
Mr. Nelson stated one of the things that they should be aware of is the transparency with
Ms. Jones and Mr. Hickok has really helped him because they have allowed him to contact them.
One of the things he has also found in putting together a continuing business plan as a business
owner is the misconception about taxes. After looking at it very closely, they are very cognizant
of the small amount of their taxes going to Fridley vs. what goes to the County and what goes to
the school district. He has made that clear to the owner, he understands the value of the
relationship here.
MOTION by Councilmember Varichak to table consideration of a revision for Special Use
Permit, SP #09-01, by Glenn Nelson, for Samir Awaijane, of 7570 Inc., (Sam's Auto World),
until September 14, 2009. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 10, 2009 PAGE 11
APPROVAL OF MINUTES:
City Council Meeting of July 13, 2009.
Councilmember Bolkcom stated she had asked to table the minutes until the next meeting as
Ms. Reynolds had sent an e-mail requesting some changes to the minutes. She spent some time
going over them. As the City Attorney says, it does not need to be word-for-word. She
suggested if someone has a long document they might want to actually give the Council a copy
of it. It is up to the City Council to decide whether that whole document goes into the minutes.
She thinks the changes that were made do reflect some of Ms. Reynolds' concerns.
MOTION by Councilmember Bolkcom to approve the minutes of the City Council Meeting of
July 13, 2009. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
City Council Meeting of July 27, 2009.
Councilmember Bolkcom stated on Page 5 of the minutes, she had asked Attorney Knaak about
the minutes being word-for-word and he responded but she also asked if we could substitute a
recorded vs. minutes and he said no. She thinks that should be reflected.
Mayor Lund stated Attorney Knaak replied, no, it has to be in written form.
Councilmember Bolkcom stated on Page 11, it says staff is not happy with the rental people.
She thinks that City staff is not happy with the "rental property owners."
Councilmember Bolkcom stated on Page 14, Paragraph 6, where it states "Councilmember
Bolkcom said she was uncomfortable ordering a public hearing when she did not know a lot
about the project." She thinks actually what she did say was, "she was not comfortable because
they had just been handed the feasibility report at their pre-meeting." That is why she was
asking a question related to the timeline.
MOTION by Councilmember Bolkcom to approve the minutes of the City Council meeting of
July 27, 2009. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Approve Antenna Site Lease Agreements Between the City of Fridley and TTM
Operating Corporation, Inc., for Water Tower No. 1 and Water Tower No. 2.
Councilmember Bolkcom stated she has a little concern about the 3 percent. She understands
in the past it has been 5 and that there have been other petitioners. If she understands the
contract, it states it is good for 5 years. And then it automatically keeps staying. She is
FRIDLEY CITY COUNCIL MEETING OF AUGUST 10, 2009 PAGE 12
concerned that it is 3 percent because it has decreased from 5, and it looks like we do not even
get a chance to say that 3 percent is not enough. She understands why it went down to 3 percent;
however, if she is reading the contract correctly, it just keeps getting renewed and there is really
no opportunity to increase the rate.
Attorney Knaak replied other than the fact it allows for adjustments as he understands it.
Councilmember Bolkcom asked where it said that.
Attorney Knaak said he thought they got a rate of inflation or CPI modification.
James Kosluchar, Public Works Director, stated their standard lease includes the 5 percent or
CPIU language. This is the second or third lease discussion he has had since he has been here,
and it is a common theme among the tenants now to request drawing back from that 5 percent or
CPI. Looking at the history of the leases since about the early or mid-90's he thinks they have
exceeded that 5 percent by the CPIU one time. Basically it is not adjusted for inflation, it is
really the 5 percent which is overinflation typically. That is kind of what they are seeing here
historically. That is what the telecoms are sensitive to because although 3 to 5 percent is not a
lot, if they hold onto their lease which is renewable in a 5-year term and they hold on for 15 to 20
years, interest or additional lease payments on that 2 percent compounded, can be pretty
significant.
Councilmember Bolkcom stated but it could go the other way. That is her concern. If she is
reading this right, the term basically says that the lease will be for 5 years and it will come back
on the first. The lessee can terminate it. She asked where it said we can.
William Burns, City Manager, stated there is a paragraph that gives us the right to terminate it.
Councilmember Bolkcom stated under some circumstances, but it does not give us a chance to
really negotiate it. She is concerned that if they place it at 3 percent and never touch it, it could
go on for 15 years. We have no idea what is going to happen with the cost of inflation.
Mr. Kosluchar said this is one thing they struggled with.
Councilmember Bolkcom asked what other cities were doing.
Mr. Kosluchar replied most of them are actually tied to a 3 percent. He does not know that a 5
percent minimum is common. Attorney Knaak might have a better idea.
Attorney Knaak stated actually this language which is fairly standard to some extent was
Fridley language that everybody else adopted at some point. As to the termination by the City,
as a practical matter, no, it does not accept that there is a default and non-compliance by the
tenant. There is no provision for the City to terminate the lease. That would be fairly standard in
most lease language like this. This is simply a matter of somebody leasing a right to piggyback
usually onto a city's facility, and they may change the rate for whatever reason.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 10, 2009 PAGE 13
Councilmember Bolkcom stated and there was one that went belly up and we had to remove
their equipment because they were no longer in existence. It seems to her there should be give
and take here if they are going to give them 3 percent. There should be something in here that
they should be able to negotiate after 5 years.
Mayor Lund stated typically we had our standard lease. Other leases prior to this were 5
percent or the CPI adjustment. Historically over the 10 to 15 years or so, what was the CPI
average? Mr. Kosluchar stated he had seen it at 5 percent only one time.
Mr. Kosluchar replied it would be kind of a guess on the average, but he would say it was less
than 3. Between 2 and 3.
Councilmember Bolkcom stated but we had it at 5 percent, we are decreasing this to 3 percent,
and we are leaving it at that.
Attorney Knaak stated, again, he did not recommend one way or another in terms of the
monetary remuneration, but he expects the position, as he understands it, of the lessees is that
they would rather have a hard number. A single number they can calculate every year, instead of
having to do an adjustment or contacting the municipality. In fact one of the ongoing disputes
we have is the fact that they are telling us that they their standard lease and would like us to
modify our language to conform to their standard lease. Historically Fridley has been reluctant
to do so. So the CPI which is really in there to protect the City's interest, they are trying to pull
that out for their own reasons. At this point it does not appear, in looking at this, the City would
necessarily be prejudiced in that. However, they are right to raise questions about whether this
could impact revenue maybe in 2 or 3 years. Say there is a 7 to 8 percent rate of inflation, the
City would be prejudiced. Right now that is not the case. If you put the CPI language back in or
try and negotiate that kind of language back in, it takes care of that problem, but that is the
pushback that you are going to get from the company.
Councilmember Bolkcom stated we want them to be there because obviously it is revenue for
us, but she is concerned that we are still tying ourselves to 3 percent for the length of that
agreement. She would like them to look at the language.
Dr. Burns asked how they felt about removing the extended term and making it a 5-year term.
We know we would be getting 3 percent over 5 years. If they want an extended term after 5
years, the lease on that would be subj ect to negotiation.
Councilmember Bolkcom referred to Attorney Knaak.
Mayor Lund stated he thinks it is more that they are going to put a sizable investment in it and it
is only for five years. They would not like that either.
Dr. Burns stated this equipment is very minimum. They are not putting much capital
investment into the site for a five-year period. Unlike the other tenants we had where there was
substantial investment in what they had on our site, this one is small.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 10, 2009 PAGE 14
Councilmember Bolkcom asked if we can at least go back and look at it.
Mr. Kosluchar said he thinks there are options here and they can go back to the company with
alternatives if that is what Council wishes. He does not see it hindering their process as far as
getting their equipment installed if it comes back at the next meeting. As a matter of fact one of
the towers will be unavailable for them until later in the fall.
Councilmember Bolkcom asked how long it would take to negotiate.
Attorney Knaak stated he thinks if the petitioner thinks there is reluctance on the part of the
City Council to approve this because of the terms, they might show some flexibility.
Dr. Burns suggested bringing it back to the September 14 Council meeting.
Mayor Lund suggested the next Council meeting.
MOTION by Councilmember Bolkcom to table the consideration of the Antenna Site Lease
Agreements Between the City of Fridley and TTM Operating Corporation, Inc., for Water Tower
No. 1 and Water Tower No. 2 to August 24, 2009. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Informal Status Report.
Mayor Lund asked Mr. Kosluchar when the mill and overlay on the west University Avenue
Service Road, from 69th to 85th was going to start.
Mr. Kosluchar stated they thought in about a week, but had not heard anything.
Councilmember Bolkcom asked if there was any way to let them know when there is a date.
Mr. Kosluchar stated they will get flyers out prior to the work being done.
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:03 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
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Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 24, 2009
August 19, 2009
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution Approving Vacation Request, SAV #09-01, Kimley-Horn and Associates
on behalf of the Anoka County Regional Railroad Authority
INTRODUCTION
The petitioner, Paul Danielson, of Kimley-Horn Associate, Inc., on behalf of the Anoka County
Regional Railroad Authority (ACRRA), is seeking to vacate a portion of 61 %2 Way to allow for
the construction of the Northstar Commuter Rail Park and Ride Station on the west side of the
railroad tracks, generally located at 6151 East River Road.
PLANNING COMMISSION RECOMMENDATION
At the July 15, 2009, Planning Commission meeting, a public hearing was held for SAV #09-01.
After a brief discussion, the Planning Commission recommended approval of SAV #09-01.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission and that the attached
resolution be approved.
This request was delayed in getting to the City Council because the petitioner needed extra time
to fulfill the stipulations that are required as part of the vacation request. The stipulations have
been met and the easement legal descriptions are in the attached resolution.
STIPULATIONS
1. Petitioner shall provide utility easements legal description within vacation area to be �led
upon approval of the vacation request.
2. Petitioner shall provide north/south access easement legal description to be filed upon
approval of the vacation request.
City of Fridley Land Use Application
SAV #09-01 July 15, 2009
GENERAL INFORMATION
Applicant:
Kimley Horn and Associates, Inc.
Paul Danielson
2550 University Avenue W
St. Paul MN 55114
Requested Actions:
Vacate a portion of 61 %2 Way to be
used for the west side Northstar Park
and Ride
Existing Zoning:
P (Public Facilities)
Location:
6151 East River Road
Size of Property:
3.1 acres
Existing Land Use:
Currently under construction for the park
and ride facilitv for Northstar
Surrounding Land Use & Zoning:
N: Single Family & R-1
E: BNSF Railroad & RR
S: Industrial & M-1
W: East River Road & ROW
Comprehensive Plan Conformance:
Consistent with Plan.
Property History:
Lots were platted 1886
Lots have never been developed prior to
current/proposed use.
Legal Description of Property:
See Attached Certificate of Survev.
Public Utilities:
Utilities available in the street and
station site will be connected.
Transportation:
East River Road provides access to the
property.
Physical Characteristics:
Property will consist of a parking lot,
ponding and landscaping.
SPECIAL INFORMATION
SUMMARY OF REQUEST
Mr. Danielson, of Kimley Horn and Associates,
Inc., on behalf of the Anoka County Regional
Railroad Authority (ACRRA), is requesting to
vacate a portion of 61 %2 Way to allow for the
Northstar Commuter Rail Park and Ride facility
on the west side of the BNSF railroad tracks.
SU M MARY OF ANALYSIS
City Staff recommends approval of the street
vacation, with stipulations.
Proiect Area
CITY COUNCIL ACTION / 60 DAY DATE
City Council — d�'�,�'z7, z9� — original date
City Council — August 24, 2009
60 Day Date — August 10, 2009
60 Day Extension — October 9, 2009
Staff Report Prepared by: Stacy Stromberg
SAV #09-01
REQUEST
The petitioner, Paul Danielson, of Kimley-Horn Associate, Inc., on behalf of the Anoka County
Regional Railroad Authority (ACRRA), is seeking to vacate a portion of 61 %2 Way to allow for
the construction of Northstar Commuter Rail Park and Ride Station on the west side of the
railroad tracks, generally located at 6151 East River Road.
ANALYSIS
The subject property is currently zoned P, Public
Facilities and is located on the northeast corner
of East River Road and 61St Way. It is the area
for which the Northstar Commuter Rail Park and
Ride facility on the west side of the BNSF railroad
tracks will be located.
In order to allow for the construction of the park
and ride facility, vacation of a portion of 61 %2
Way is required. The site is currently already
under construction and as a result, that portion of
61 %2 Way is already being graded to be used as
a parking area and is restricted to the motoring
public. The residents that currently live on 61 %2
Way have been involved in the planning of this
station site and are aware of their access options
to and from their homes.
City staff hasn't received any comments from
neighboring property owners.
RECOMMENDATIONS
City Staff recommends approval of this vacation
request, with stipulations.
STIPULATIONS
Staff recommends that if the street vacation is
granted, the following stipulations be attached.
1. Petitioner shall provide utility easements legal
description within vacation area to be �led upon approval of the vacation request.
2. Petitioner shall provide north/south access easement legal description to be filed upon
approval of the vacation request.
RESOLUTION NO.
RESOLUTION TO VACATE A PORTION OF 61 '/2 WAY RIGHT-OF-WAY ONLY
TO ALLOW FOR THE CONSTRUCITON OF THE NORTHSTAR PARK AND
RIDE LOT, GENERALLY LOCATED AT 6151 EAST RIVER ROAD NE.
WHEREAS, this portion of 61 '/ Way is being used to accommodate the Northstar
Commuter Rail Park and Ride facility; and
WHEREAS, City Public Works Staff indicates that there is no longer a reason to
maintain this right-of-way, as it no longer serves the purpose of its original public
use; and
WHEREAS, vacation of this portion of the 61 '/ Way right-of-way is not intended to
vacate any other existing easements currently filed with the Anoka County
Recorder's Office; and
WHEREAS, EXHIBIT ONE and TWO (attached) documents the public utility
easements and access easement required by the City of Fridley to be filed at Anoka
County as part of this vacation request; and
WHEREAS, a public hearing was held on this matter by the Planning Commission
on July 15, 2009 and the City Council on July 27, 2009.
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the
following:
That part of the right of way of the BNSF Railway Company lying within the
Southeast Quarter of the Southeast Quarter of Section 15 and the Northeast
Quarter of the Northeast Quarter of Section 22, both in Township 30 North,
Range 24 West, Anoka County, Minnesota, described as follows:
Commencing at the intersection of the south line of Block 20, FRIDLEY
PARK, Anoka County, Minnesota and a line parallel with and distant 50.00
feet westerly of, as measured at right angles to, the most westerly yard track
of said BNSF Railway Company, formerly known as the Great Northern
Railway Company, as located and constructed and in place on August 28,
1941; thence northerly along said 50.00 foot parallel line, a distance of
262.87 feet, more or less, to its intersection with the north line of Block 20,
FRIDLEY PARK, Anoka County, Minnesota which also is the south line of 61
'/ Way NE and the point of beginning of the tract that is to be vacated,
thence westerly, along said north line of Block 20, FRIDLEY PARK, Anoka
County, Minnesota which also is the south line of 61 '/ Way NE, a distance
of 160.01 feet; thence deflect 90 degrees 00 minutes 00 seconds to the right
60.00 feet; thence easterly, parallel to said north line of Block 20, FRIDLEY
PARK, Anoka County, Minnesota which also is the north line of 61 '/ Way
NE, a distance of 173.34 feet, more or less, to its intersection of said 50.00
foot parallel line, thence southerly along said 50.00 foot parallel line 61.30
feet to the point of beginning.
AND, THEREFORE, BE IT FURTHER RESOLVED that the City of Fridley
establishes the easements as shown in EXHIBITS ONE and TWO as attached
heretofore.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 24t" DAY OF AUGUST, 2009.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT ONE
A perpetual easement dedicated to the public for utility purposes over, under, and
across that portion of 2nd Street, now known as 61 '/ Way NE, FRIDLEY PARK,
Anoka County, Minnesota, described as follows:
Commencing at the northwesterly corner of Lot 6, Block 20, said FRIDLEY PARK,
Anoka County, Minnesota; thence northerly measured at a right angle to the north
line of said Block 20, a distance of 10.66 feet to the point of beginning; thence
easterly and parallel with said north line of Block 20, a distance of 162.35 feet, more
or less, to the intersection with a line that is parallel with and 50.00 feet westerly of
the center line of the most westerly yard track of the BNSF Railway Company,
formerly known as the Great Northern Railway Company, as located and
constructed and in place on August 28, 1941; thence northerly along said parallel
line with the center line of the most westerly yard track, a distance of 30.59 feet;
thence westerly and parallel with said north line of Block 20, a distance of 168.75
feet more or less to a line which begins at said point of beginning and is
perpendicular to said north line of Block 20; thence southerly along said
perpendicular line a distance of 30.00 feet to the point of beginning.
Said perpetual utility easement containing approximately 4,966 square feet.
EXHIBIT TWO
A perpetual easement dedicated to the public for ingress and egress purposes over,
under and across those portions of Block 19, Block 20, the vacated alleys lying
within Block 19 and Block 20, and that portion of 2nd Street now know as 61 '/ Way
NE, FRIDLEY PARK, Anoka County, Minnesota, described as follows:
All of Lots 7 and 20 of said Block 19, FRIDLEY PARK, and that portion of the
vacated alley of said Block 19 lying easterly of a line connecting the southwest
corner of said Lot 7 to the northwest corner of said Lot 20 and lying westerly of a
line connecting the southeast corner of said Lot 7 to the northeast corner of said Lot
20, and
All of Lots 6 and 19 of said Block 20, FRIDLEY PARK, and that portion of the
vacated alley of said Block 20 lying easterly of a line connecting the southwest
corner of said Lot 6 to the northwest corner of said Lot 19 and westerly of a line
connecting the southeast corner of said Lot 6 to the northeast corner of said Lot 19,
and
That portion of 2nd Street now known as 61 '/ Way NE said FRIDLEY PARK lying
easterly of a line connecting the southwest corner of said Lot 20, Block 19 to the
northwest corner of said Lot 6, Block 20 and westerly of a line connecting the
northeast corner of said Lot 6, Block 20 to the southeast corner of said Lot 20, Block
19.
Said perpetual ingress and egress easement containing approximately 23,520
square feet.
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FRIDLEY
DATE:
TO:
FROM:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 24,
2009
August 20, 2009
William w. Burns, City Manager
Scott Hickok, Community Development Director
Council Approval by Motion for Removal of 4 Trees, in S-2 District,
Near Citv Hall
INTRODUCTION
As you are aware, Code requires that any trees removed from "P" Public zoned property must
have the approval of the Park and Recreation Subcommittee, who then pass their
recommendation on through the Planning Commission to City Council. The current request has
been reviewed and unanimously recommended for approval by both the Park and Recreation
and Planning Commissions.
ELEMENTS
Currently, there are 4 trees near the intersection of Fourmies Avenue and University Service
Drive (see attached illustration). These trees will be required to be removed to clear sight lines
for a new City-owned electronic message center sign. The sign will be given to the City in
exchange for Fairview Medical Center's right to their advertisement on the sign as well. Though
the Land is not zoned "P", but "S-2" Redevelopment, the S-2 district requires compliance with
zoning that is most similar to the development that results from the zoning designation. As a
result, the Commission is being asked for permission to remove the 4 trees necessary to allow
this project to proceed and assure visibility of the sign.
Code Section 510.01, states,
limited to the City of Fridley,
or destruction of any living
conditions:
No person or corporation, public or private, including but not
its officers, employees or agents, shall order or cause the injury
tree on City-owned land except under any of the following
1. ...... [Disease]
2. ...... [Forest Management]
3. For purposes of necessary public utility construction, but only after the
preparation of a detailed plan and approval by the authorities named in
510.01.2. [Parks and Recreation Subcommittee]. No such plan shall be
approved that does not provide for reforestation and the restoration of the
land to its original condition.
For purposes of this Chapter and this sign, the City-owned public information sign is being
considered a public utility. The electronic message board portion of the sign is delivering an
essential product or service to the public. That service is information of City-wide importance.
A sign was originally requested by Fairview Medical Center as a private interest without the
electronic message center portion of the sign. The Clinic partners have improved the parking
facilities (asphalt, curb and gutter, drainage, and landscape) over land that is owned by the
City's Housing and Redevelopment Authority (HRA). The use of public land for private purpose
is not permitted on its face; however, if the group chose to improve the parking area owned by
the City HRA, but used by the City, Fairview and others, HRA Legal Council reviewed and
deemed their actions appropriate. Likewise, a sign for the private enjoyment by the clinic would
not be permitted on HRA property. However, a public sign can be placed on the HRA property.
The City of Fridley has long hoped to replace its antiquated message board sign with the more
modern electronic technology. The current sign is near the southernmost fire equipment bay.
Budgets being what they are, the replacement of the City's message center sign has lost out to
more basic needs in the City's budget. Hearing this, Fairview suggested that they buy the sign
for the City and donate it, with the proviso that they be able to use a small portion of the sign for
their identification sign. After review by HRA Legal Council, a lease for the land, parking and
sign uses was drawn up. All parties appear to have reached agreement to terms. Once the
lease documents are signed, the use of the property for this City/Fairview sign will have passed
all legal tests for use. Obviously, no trees will be taken until all necessary signatures are in
place.
Replacement trees will be provided on a one-to-one ratio (4 trees). Staff will work with City
Forester, Dave Lindquist, The City Engineer, Jim Kosluchar, and other interested staff to find
the appropriate location on site for those replacement trees.
The Clinic has had the sign designed and an illustration has been attached for your
convenience. They intend to install this sign before the end of 2009, if approvals are granted for
tree removal.
CONCLUSION
Staff recommends allowing the removal of trees to accommodate the placement of an electronic
message center Sign in accordance with condition 3, Code Section 510.01. This approval
recognizes that no trees would be removed until all legal documents are signed and sign
placement is ready to commence.
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FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
August 24, 2009
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen City Clerk
August 13, 2009
Establishment of Minnesota Metro North Tourism Convention and Visitors Bureau
On April 8, 2009, the City Council adopted a resolution allowing the City to opt out early from its
Agreement with Visit Minneapolis North (V1VIN), a local convention and visitors bureau (CVB) of
which the City has been a member since 1996. The Cities of Arden Hills, Anoka, Blaine, Coon
Rapids, Ham Lake, Mounds View and Shoreview have all opted out of V1VIN effective December 31,
2009.
Over the past several months, the opt-out cities, with the exception of Arden Hills, have been meeting
to discuss the most appropriate way to establish a new CVB to effectively promote the newly
organized region. The City of Coon Rapids took the lead and worked with their City Attorney, in
conjunction with representatives from the impacted cities and lodging properties, to prepare the
Articles of Incorporation and By-laws to guide the new CVB, as shown in Attachment 1. The
funding for the new CVB will continue to come from the 3% lodging tax collected by the lodging
properties in the participating communities. Under state law, 95% of the funds collected would be
used to fund the new CVB and 5% would remain with the City to cover administrative expenses.
At this time, every participating city has been asked to have their City Council consider approval of
the Articles of Incorporation and Bylaws necessary to create the new CVB and to appoint a
representative(s) to serve on the Board of Directors. The number of Directors each community will
appoint is identified in Attachment 2, which is based on the 20081odging tax revenue collected.
Based on the City of Fridley's 20081odging tax revenue, we are allotted 1 representative at this time.
It is hoped that the Board of Directors could be established no later than the end of August to allow
the new Board to begin making critical business decisions prior to the first of the year.
Staff recommends a motion approving the Minnesota Metro North Tourism Articles of Incorporation
and Bylaws and appoints Debra Skogen, City Clerk, to continue to serve as the Representative from
the City of Fridley.
Attachment 1
ARTICLES OF INCORPORATION
OF
MINNESOTA METRO NORTH TOURISM
I, the undersigned, being of full age, for the purpose of forming a nonprofit corporation under
Chapter 317A of Minnesota Statutes as amended, do hereby form a body corporate and adopt these
Articles of Incorporation.
ARTICLE I
NAME
The name of this corporation shall be
MINNESOTA METRO NORTH TOURISM
ARTICLE II
PURPOSE
This corporation is organized as a nonprofit business league, chamber of commerce or trade
association within the meaning of Section 501(c)(6) of the Internal Revenue Code of 1986, as
amended (the "Code"), or such other provisions of Minnesota or Federal law as may from time to
time be applicable. The general purposes of this corporation are to promote and market tourism
within the northern twin cities metropolitan region.
ARTICLE III
POWERS
Notwithstanding any other provisions of these Articles of Incorporation, all of the work of this
corporation shall be carried on, and all funds of this corporation, whether income or principal and
whether acquired by gift or contribution or otherwise, shall be used and applied exclusively for
exempt purposes directly or indirectly benefiting this corporation within the meaning of Section
501(c)(6) of the Code, and in such manner that no part of the net earnings of this corporation will in
any event inure to the benefit of any Member, officer or director of this corporation or of any other
corporation, organization, foundation, fund or institution, or any other individual (except that
reasonable compensation may be paid for services rendered to or for this corporation in furtherance
of one or more of its purposes).
ARTICLE IV
INUREMENT OF INCOME
This corporation does not and shall not afford pecuniary gain incidentally or otherwise to its
members or any other organization or private individual.
ARTICLE V
DURATION
The duration of this corporation shall be perpetual.
ARTICLE VI
REGISTERED OFFICE
The registered office of this corporation shall be located at 11155 Robinson Drive, Coon
Rapids, MN 55433.
ARTICLE VII
CAPITAL STOCK
This corporation shall have no capital stock but shall have one class of Members whose
voting and other rights and interests shall be equal. The conditions and qualifications for
Membership of this corporation shall be as provided for in the Bylaws of this corporation. Members
of this corporation shall have no personal liability for corporate obligations.
ARTICLE VIII
DIRECTORS
Section 8.1. The management of this corporation shall be vested in a Board of Directors.
Section 8.2. The number, qualifications, and terms of office of the directors shall be fixed by
the Bylaws of this corporation. Each Member of the initial Board of Directors shall continue in
2
office until the first meeting of the Members and thereafter until his or her successor is elected and
qualified or he or she is removed from office as provided by law or in the Bylaws of this corporation.
Section 8.3. Any action required or permitted to be taken at a meeting of the Board of
Directors may be taken by written action signed by the number of directors that would be required to
take the same action at a meeting of the Board of Directors at which all directors were present.
ARTICLE IX
DISSOLUTION
Upon the dissolution of the corporation, the Board of Directors shall, after paying or making
provisions for the payment of all the liabilities of the corporation, dispose of all the assets of the
corporation exclusively for the purposes for which this corporation was organized in such manner as
the Board of Directors shall determine. Any such assets not so disposed of shall be disposed of by
the District Court of the county in which the principal office of the corporation is then located,
exclusively for such purposes or to such organization or organizations, as said court shall determine,
which are organized and operated exclusively for such purposes.
ARTICLE X
AMENDMENT
A. Amendment bv Members. Amendments to the Articles must be approved by a
majority of the directors and a majority of the Members with voting rights. If an amendment is
initiated by the directors, proper notice of the proposed amendment must precede a member meeting
at which the amendment will be considered and must include the substance of the proposed
amendment. If an amendment is proposed and approved by the Members, the Members may demand
a special board meeting within 60 days for consideration of the proposed amendment if a regular
board meeting would not occur within 60 days.
B. Amendment bv Board. When authorized by the Members, these Articles may be
amended by the Board of Directors by the affirmative vote of a majority of the Directors then in
office who are present and entitled to vote at a duly held meeting of the Board of Directors for which
notice of the meeting and the proposed amendment have been given. A majority of Members with
voting rights voting at a meeting duly called for the purpose, may prospectively revoke the authority
of the Board to exercise the power of the Members to amend the Articles.
ARTICLE XI
INCORPORATOR
The name and address of the incorporator of this corporation are:
Matt Fulton, City Manager, City of Coon Rapids, 11155 Robinson Drive, Coon Rapids, MN 55433
1075281.1
IN WIT`NESS WHEREOF, I have hereunto executed these Articles of Incorporation this
day of , 2009.
Incorporator
0
By-Laws
of
MINNESOTA METRO NORTH TOURISM
ARTICLE I - OFFICE
The principal and registered office of the Corporation shall be located within one of the cities
whose lodging tax funds are administered by this Corporation.
ARTICLE II - NAME
The Corporation shall do business under its corporate name, namely
MINNESOTA METRO NORTH TOURISM
ARTICLE III - MEMBERS
Section L Members of the Corporation
The Members of the Corporation shall be the Cities of Anoka, Blaine, Coon Rapids, Fridley,
Ham Lake, Mounds View, and Shoreview which have passed a Lodging Tax Resolution for
collection of Lodging Tax under Chapter 469.190 of the Minnesota Statutes and whose funds from
such taxes are administered by this Corporation.
Section 2. New Members
Additional cities may be added as Members upon a majority motion of Board of Directors and
municipal approval of Lodging Tax Resolution for collecting Lodging Tax under Chapter 469.190 of
Minnesota Statutes.
Section 3. Funding
1
On the 15th day of each month, a Member City shall remit to the Corporation, for funding the
Corporation, 95% of the lodging tax payments received by the Member City, less refunds, in the
preceding month.
ARTICLE IV — BOARD OF DIRECTORS
Section 1. Board of Directors.
A. The Board of Directors shall be proportionately represented, based on the percentage of
lodging fee contributions contributed by the Member City during the preceding year. Each Member
City shall have at least one Board Member. For each additional 10%, or portion thereof, above the
initial 10% of the overall contribution will entitle the Member City to one additional representative.
The first Board Member appointed by the Member City shall be an elected or appointed municipal
representative of that Member City. The second Board Member selected by the Member City will be
from that community's lodging industry. Any additional representatives shall be selected at the
Member City's discretion. The term of any Board Member appointed by a Member City shall
immediately cease, without further action, upon the termination of inembership of that Member City
in the Corporation.
B. Member Cities added after the approval of these By-Laws will be allowed one (1) Board
Member until the end of the first calendar year after being added and then the terms of Section 1.A.
shall apply
Section 2. Board Responsibilities.
The government and policy-making responsibilities of MINNESOTA METROPOLITAN
NORTH TOURISM
shall be vested in the Board of Directors, which shall control its property, be responsible for its
finances, direct its affairs and establish policy. It shall be the obligation of the Board of Directors to
ensure representation on the Board and its committees from all appropriate stakeholders within its
service area.
Section 3. At Large Board Members.
2
The Board of Directors will also select four (4) additional At Large Members. Two (2) of the
At Large Members shall represent the Lodging industry. The remaining two (2) of the At Large
Members shall represent businesses from the Member Cities. At Large Board representatives shall be
elected at the Board of Directors' Meeting that is held during the month of January of each year. The
initial At Large Members will be nominated at the first Board of Directors' Meeting. The Board of
Directors shall hold elections for the initial At Large Members at its second meeting.
Section 4. Nomination of At large Candidates.
Candidates for election to the Board of Directors At Large positions may be nominated by any
Board Member. Names of candidates for election shall be submitted to the Secretary of the
Corporation by the 15th day of December each year.
Section 5. Ex-Officio Representation.
The National Sports Center shall be provided an Ex-Officio position on the Board of
Directors. All Ex-Officio Board Members will receive notices of ineetings and minutes. Any Ex-
Officio Board Member may participate in discussions and serve on committees. Ex-Officio Board
Members may not vote as a Board Member. The Board of Directors may add additional Ex-Officio
Board positions.
Section 6. Terms.
Term of office for Board Members shall be for one (1) year and shall commence on February
1. The initial Board Members term of office shall be until January 31, 2011.
Section 7. Officers in Succession.
Any Officer elected into succession shall be e�tended their regular term or consecutive terms
as a Board Member until the obligations of such positions are fulfilled.
Section 8. Resignation of Board Member.
A Board Member may resign at any time by giving written notice of his or her resignation to
the corporation. The resignation is effective when received by the Corporation, unless a later date has
been specified in the notice.
3
Section 9. Removal of Board Member.
A Board Member may be removed from office, with or without cause, by the affirmative vote
of a majority of the Board Members present at a duly held meeting; provided that not less than
five (5) days' and not more than thirty (30) days' notice of such meeting stating that removal of such
Board Member is to be on the agenda for such meeting shall be given to each Board Member.
Section 10. Replacement of Board Member.
In the event of the death, removal or resignation of a Board Member, a successor to fill the
unexpired term shall be appointed by the affected Member City in the manner prescribed in Section
1.A. The Board of Directors shall appoint a successor to vacant At Large positions.
ARTICLE V - OFFICERS
Section 1. Composition.
The officers of this Corporation shall be President, Vice President, Secretary, and Treasurer.
Section 2. Election of Officers.
Officers shall be elected annually for terms of one (1) year by the Board of Directors
immediately following the Annual Meeting of the Members.
Section 3. Vacancy.
A vacancy in an office because of death, resignation or removal may be filled by the Board of
Directors.
ARTICLE IV — DUTIES OF THE OFFICERS
Section 1. President.
The President shall be chief executive officer of the Corporation, shall have overall
supervision of the business of the Corporation, and shall direct the affairs and policies of the
Corporation, subject to such policies and directions as may be provided by the Board of Directors.
0
The President shall preside at all meetings of the Board of Directors, as well as at Executive
Committee meetings.
Section 2. Vice President.
The Vice President shall exercise and perform the duties of the President, in the President's
absence and/or inability to serve. The Vice President shall also have such powers and shall perform
such duties as may be assigned to him/her by the President or the Board of Directors.
Section 3. Secretary.
The Secretary shall attend all meetings of the members, Board of Directors and Executive
Committee. The Secretary shall keep proper minutes of such meetings, give all required notices,
keep membership records, and shall perform such other duties as may be assigned by the Board of
Directors.
Section 4. Treasurer.
The Treasurer shall have charge and custody of all funds of the Corporation. The Treasurer
shall keep an accurate account of all receipts and disbursements, deposit all monies in the name of the
Corporation in such banks or depositories as the Board of Directors shall designate, disburse funds of
the Corporation as directed by the Board of Directors and perform such other duties as may be
assigned by them.
ARTICLE VII - COMMITTEES
Section 1. Executive Committee.
The Executive Committee shall be appointed by the Board of Directors and shall consist of
the Officers set forth above and three (3) additional members. The Executive Committee will consist
of no fewer than four (4) municipal representatives of the Member Cities and two (2) lodging
facilities representatives. The Executive Committee will function and carry out Board duties and
responsibilities between Board of Directors meetings, subject to the direction and control of the
Board of Directors.
5
Section 2. Others.
needed.
Other Committees may be appointed by the President, and/or the Board of Directors as
ARTICLE VIII — EXECUTIVE DIRECTOR
The Board of Directors shall determine the most appropriate way to handle the day to day
operational needs of the Corporation. This may be through the hiring of an Executive Director or a
contract with a qualified marketing company Such person or agency shall be responsible for the
day-to-day functioning of the Corporation and may be entrusted with the duties and responsibilities
of any of the officers, as determined by the Board of Directors.
ARTICLE IX — MEETINGS
Section 1. Annual Meeting.
A meeting of Members of the Corporation shall be held during January of each year at a time
and place set by the Board of Directors.
Section 2. Regular Meetings.
The Board of Directors shall meet at least quarterly at a time and place selected by the
President of the Corporation.
Section 3. Executive Committee Meetings.
The Executive Committee shall meet monthly at the call of the President and at such other
times that the business of the Corporation requires.
Section 4. Notice of Meetings.
Notice of Board of Director Meetings, along with the agenda, shall be distributed to each
member at least ten (10) days before the meeting date. Notice of Executive Committee meetings
shall be distributed to committee members at least five (5) days prior to the meeting.
�
ARTICLE X— NOTICE OF MEETINGS
Section 1. Notice.
Whenever, under the provisions of Minnesota Statutes, the Articles of Incorporation or these
By-Laws, notice is required to be given to a Member, a Board Member or a member of a committee,
such notice may be given in writing by depositing it in the United States Mail (first class postage
prepaid) or by electronic mail (e-mail) or by facsimile for transmission addressed to such person as
his or her address appears on the books of the Corporation or at his or her business address. Notice
shall be deemed at the time it is deposited in the United States mail or sent by e-mail, or facsimile.
Such requirement for notice shall be deemed satisfied, except where written notice is required by law,
if actual notice is received orally or in written form by the person entitled thereto as far in advance of
the event with respect to which notice is given as the minimum notice period required by law or these
By-Laws.
Section 2. Waiver of Notice.
Whenever any notice is required to be given by Minnesota Statutes, the Articles of
Incorporation, or these By-Laws, a waiver thereof in writing signed by the person or persons entitled
to such notice, whether before, or after the time stated therein, shall be deemed equivalent thereto.
Attendance by such a person at a meeting shall constitute a waiver of notice of such meeting, except
when the person attends a meeting for the express purpose of objecting, at the beginning of the
meeting, to the transaction of any business because the meeting is not lawfully called or convened.
Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the
Members, Board Members or committee members need be specified in any written waiver of notice
unless so required by statute. Any meeting of Members of the Board of Directors or of a committee
of the Board shall be a legal meeting without any notice thereof having been given if all Members, all
Board Members or all committee members, as the case may be, are present.
ARTICLE XI — SPECIAL MEETINGS
7
Special meetings of the Board of Directors may be called by the President, and shall be called
upon written demand of any three (3) Board Members addressed to the President, to the Secretary or
to the Executive Director, stating the object or purpose thereo£ Notice of such meeting shall be
mailed to each Board Member at least five (5) days before the date on which the meeting is to be
held. The notice shall state the time, place and purpose of the meeting. The same provisions shall
apply to Special Meetings for Members of the Corporation.
ARTICLE XII — QUORUMS
A majority of all board members, as the case may be, shall constitute a quorum for the
purpose of transacting business at any annual, regular or special meeting. The board members
present at the meeting at which a quorum is present may continue to transact business until
adj ournment, notwithstanding the withdrawal of enough Directors to leave less than a quorum.
ARTICLE XIII — ELECTRONIC VOTING
On certain issues from time to time the Members or Board Members may be asked to vote
electronically. If a vote is not received by the requested deadline, that Member's or Board Member's
vote shall be considered a non-vote. All electronic voting shall be submitted with one of the
following signature formats: /s/ Printed Name; Electronic Signature; or scanned signature block.
ARTICLE XIV- ACTION WITHOUT MEETING
Unless otherwise restricted by Minnesota Statutes or the Articles of Incorporation, any action
of Members, Board Members, or of any committee thereof, may be taken without a meeting if a
written consent thereto is signed by all members, all Board Members or committee members and
such written consent is filed with the minutes of the meeting of Members, Board Members or
committee, as the case may be.
ARTICLE XV - CONTRACTS, CHECKS, DRAFTS, BANK ACCOUNTS, ETC.
:
Section 1. Contracts- How Executed.
Except as otherwise provided in these By-Laws, the Board of Directors may authorize any
two (2) officers of the Corporation to enter into any contract or execute and deliver any instrument in
the name of or on behalf of the Corporation. Such authority may be general or confined to specific
instances. Unless so authorized by the Board of Directors, no officer shall have any power or
authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it
liable peculiarly for any purpose or for any amount.
Section 2. Bids.
The Corporation must exercise a bid or request for proposal process on projects which exceed
dollar amounts determined by the Executive Committee.
Section 3. Loans.
No loan shall be contracted on behalf of the Corporation and no negotiable paper shall be
issued in its name unless authorized by the Board of Directors. When so authorized, any two (2)
officers of the Corporation may execute and deliver promissory notes or other evidence of
indebtedness of the Corporation, and as security for the payment of loans, advances, and liabilities of
the corporation, any mortgage, pledge, or transfer real or personal property held by the corporation.
Section 4. Checks, Drafts.
All checks, drafts, or orders for the payment of money issued in the name of the Corporation
shall be signed by two (2) or more officers of the corporation in such manner as authorized by the
Board of Directors.
Section 5. Deposits.
All funds of the Corporation shall be deposited to the credit of the Corporation under such
conditions and in such banks, trust companies, or other depositories as the Board of Directors may
designate.
Section 6. Annual Budget
�
The annual budget of estimated income, income expense and capital expense shall be
approved by the Board of Directors and submitted to a Member City's city council on or before the
lst day of October of the year proceeding the effective date of the budget. Such budget shall detail
specifically the uses to which monies shall be spent to carry out the purposes of the Corporation.
Actual revenues generated may vary from the amount anticipated in the budget and for this reason the
budget may be modified by a two thirds (2/3) vote of the Board of Directors without prior consent of
the Member Cities.
Section 7. Financial Summary
A summary report of the financial operation of the corporation shall be made by the Treasurer
at least annually to the Board of Directors.
ARTICLE XVI - OFFICER REMOVAL — RESIGNATION
Section 1.
Any officer may be removed either with or without cause by a two-thirds (2/3) vote of the
whole Board of Directors.
Section 2.
Any officer may resign at any time by giving written notice to the President, Secretary, or
Executive Director of the Corporation. Such resignation shall take effect on the date of the receipt of
such notice or any later time specified therein.
ARTICLE XVII - BY-LAWS AMENDMENTS
Amendments to these By-Laws may be adopted by Board of Directors at any meeting of the
Board called for the purpose, and upon a two-thirds (2/3) affirmative vote. At least ten (10) days'
notice shall be given to Board Members together with a copy of the proposed amendments.
ARTICLE XVIII - FISCAL YEAR
10
The fiscal year of the Corporation shall begin on January 1 of each year and end on December
31 of each year. It shall be the responsibility of the Board of Directors to adopt a budget for the
forthcoming fiscal year. It shall be the responsibility of the Executive Director and Treasurer to
refrain from engaging in or completing any action of any kind whatsoever which may result in the
Corporation exceeding total budgeted expenditures for that fiscal year without first advising the
President regarding the nature of the probable excess and having secured from the Board of Directors
authorization to proceed.
ARTICLE XIX INDEMNIFICATION
To the full extent permitted by the Minnesota Nonprofit Corporation Act as amended from
time to time, or by other provisions of law, each person who was or is a party or is threatened to be
made a party to any threatened, pending or completed action, suite or proceeding, wherever and by
whomsoever brought (including any such proceeding, by or in the right of the corporation), whether
civil, criminal, administrative or investigative, by reason of the fact that he or she is or was a
member, director or officer of the corporation, or he or she is or was serving at the specific request of
the Board of Directors of the corporation as a Board Member, officer, employee or agent of another
corporation, partnership, joint venture, trust or other enterprise, shall be indemnified by the
corporation by the affirmative vote of a majority of the Board Members present at a duly held
meeting of the Board of Directors for which notice stating such purpose has been given against
expenses, including attorneys' fees, judgments, fines and amounts paid in settlement actually and
reasonably incurred by such person in connection with such action, suit or proceeding; provided,
however, that the indemnification with respect to a person who is or was serving as a Board Member,
officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise
shall apply only to the extent such person is not indemnified by such other corporation, partnership,
joint venture, trust or other enterprise. The indemnification provided by this Article shall inure to the
benefit of the heirs, executors and administrators of such person and shall apply whether or not the
11
claim against such person arises out of matters occurring before the adoption of this provision of the
By-Laws.
ARTICLE XX - FINANCIAL ACCOUNTING AND REPORTING
The Officers of the Corporation and particularly the Executive Director shall adhere to all
requirements set forth in Minnesota Statutes 477A relating to funds received from city lodging taxes,
as well as the respective cities' accounting and reporting requirements.
ARTICLE XXI — BOOKS AND RECORDS
The corporation shall keep correct and complete books and records of account and shall also
keep minutes of the proceedings of its Members, Executive Committee, Board of Directors and
committees having and exercising any of the authority of the Board of Directors and shall keep at the
principal office a record giving the names and addresses of the Members entitled to vote. All books
and records of the corporation may be inspected by any Member for any proper purpose provided
reasonable notice has been given prior to the inspection.
XXII-WITHDRAWAL
A Member City may withdraw from membership in the Corporation at the end of a calendar
year by providing written notice to the Corporation by June 30 of that calendar year. A Member
City cannot be a member of the Corporation if it no longer has a Lodging Tax Resolution for
collection of Lodging Tax under Chapter 469.190 of the Minnesota Statutes or whose funds from
such taxes are not submitted to the Corporation in the manner prescribed in these By-Laws.
Date of Adoption
Secretary
12
Attachment 2
2008 Collected Revenues and 2010 Board Representation
For new CVB
Anoka
Arden Hills
Blaine
Coon Rapids
Fridley
Ham Lake
Mounds View
Shoreview
Total
$ 10,753.00
$ 18,049.00
$ 55,303.00
$186,274.00
$ 28,465.00
$ 16,944.00
$ 42,515.00
$194, 523 .00
$552,826.00
Additional Members of the Board of Directors Would Include:
At Large Representatives
Lodging properties
Other Business Representatives
Total Voting Board Members
Ex-Officio
National Sports Center
1.945%
3.265%
10.004%
33.695%
5.149%
3.065%
7.690%
35.187%
1
1
2
4
1
1
1
4
15
2
2
19
1
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� COUNCIL MEETING OF AUGUST 24, 2009
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AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 24, 2009
ESTI MATES
Colt Construction Services, LLC
285 Forest Grove Drive, Suite 126
Pewaukee, WI 53072
85th Avenue Trail Proj ect No. ST. 2007-4
Estimate No. 7 ................................................................................. $23,396.97
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FRIDLEY
To:
From
Date
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AGENDA ITEM
CITY COUNCIL MEETING OF
August 24, 2009
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Donovan Abbott, Public Safety Director
Debra A. Skogen, City Clerk
August 13, 2009
Review of On-Sale Into�cating Liquor License for William Bisek of JWBB Inc dba
Baggan's Pub located at 3720 East River Road
On April 13, 2009, City Council reviewed the renewal of the on-sale intoxicating liquor license for
JWBB Inc dba Baggan's Pub. The license was reviewed due to stipulations that were placed on the
liquor license on September 26, 2008. The stipulations at that time were:
2
3
4
To continue to maintain the food to liquor ratio;
To work with the police department to provide a safe environment for staff and patrons;
To have staff contact police when requested or needed;
To have staff inembers working in capacity of management to apply for managerial
license;
5. To pay the delinquent property taxes;
6. To operate business as original license stated by not allowing another establishment to
take over the north side of the business; and
7. To maintain the business according to City Code.
On April 13, 2009, staff recommended non-renewal based on the following information:
1. The escalation of police calls and violence occurring on the property;
2. The appearance of the operation of another establishment promoting events in the north
side of the business;
3. Staff's concern about appearance of certain revenues not being included in the overall
gross sales for food to liquor.
After reviewing all of the information from staff and the applicant, the renewal license was continued
to Apri127, 2009. After receiving additional information and taking additional testimony from the
applicant and his attorney, the City Council approved the renewal of the liquor license with the
following conditions:
That the City Council will review the license August 24, 2009, to monitor the food to
liquor ration of the business and public safety concerns;
2. That if there are significant changes in the operation of the business or in the overall order,
peace and safety at the location, this will be grounds for a public hearing for immediate
license revocation by the City;
3. Any serious crime occurring prior to the August 24th review is grounds for an immediate
public hearing for license revocation by the City;
4. Provide a monthly income statement similar in format to the 12-month profit and loss
statement provided in the April 16, 2009, written materials, showing transparency of the
flow of financial resources of the business; and
5. That the licensee meets monthly to review security and financial information with staff.
Staff has met with the applicant monthly over the past four months to address financial and security
information at Baggan's Pub. Over the course of the past four months, the financial food-to-liquor
ratio has been maintained between 45 to 46% gross food sales. The applicant has incorporated
different food specials including crab legs, prime rib and barbequed ribs. As of July 31, 2009, the
gross food sales for the year was $244,903 and the gross liquor sales was $287,881 showing 46%
gross food sales.
City Staff reviewed police calls with Baggan's ownership and management during each monthly
meeting. Police stressed the importance of Baggan's staff security detail calling in problems on the
property to send a clear message that they would not tolerate disorder on the premise. In the 4
months leading up to the Council Meeting on Apri127, police responded to 34 calls for service
including three felony level assaults. In the 3 months following that meeting, the number of calls
decreased to 25 with the more recent summer months having the lower numbers of calls. Only one
felony level assault is known to have occurred. That incident occurred June 25 when Baggan's staff
called police to report shots fired in the parking lot. No one was injured in this incident and the
victim was not cooperative with police.
2009 Calls For Service
January 4 (including 1 felony assault)
February 4
March ll(including 2 felony assaults)
A ril 17
May 10
June 7 (including 1 felony assault)
July 6
Tota12009 January 1- July 30 59
2008 Total 32
Due to the decreasing number and nature of the calls, approximately 1.75 calls per week, the police
department expects to see no more than 97 calls in 2009. If that rate were to hold for all of 2010, we
could expect 91 calls for that year. Overall, Baggan's appears to be following their security plan. Of
particular note is the significant increase in the proportion of police calls that are now originating
from Baggan's staff. Earlier this spring, only 22% of police calls originated from employees. Since
the Council Meeting Apri127, 65% of calls were made by their staf£ Baggan's has repaired exterior
lighting and continues to employ uniformed security guards to patrol their parking lot.
Since Baggan's Pub has complied with the stipulations of the license by meeting the gross food to
liquor sales and decreasing the number and nature of police calls, staff is recommending at this time
that the meetings with the applicant change from monthly to quarterly meetings as long as the
incidents remain leveled off and nonviolent and that the stipulations on the 2009-10 license remain.
« �
.�
TO:
FROM:
DATE:
SUBJECT
. � .
Cli'Y COIJNCII� MEETING OF AUGUST 24, 2009
��
William W. Burns, City Manager �
James Kosluchar, Public Works Director
August 24, 2009
-�1• 1�.
Approval of Leases for Water Tower #'Nand Water Tower #2 with Telecom
Transport Management, Inc.
At its August 10, 2009 meeting, the City Council reviewed lease agreements with Telecom Transport
Management (TTM) for the City of Fridley's Water Tower #1 (Commons Park) and Water Tower #2
(Highway 65). The City Council tabled this item, and directed staff to renegotiate the proposed leases to
include 1) inclusion of a CPI annual adjustment, or 2) a reduction of the term of the agreement to five
years.
Staff has worked with TTM and they have advised that the CPI annual adjustment would be preferable,
and acceptable to them, We have included the CPI annual adjustment, along with the minimum 3°/o
annual adjustment in the revised TTM leases.
Staff recommends the City Council approve the terms of the attached revised lease with Telecom
Transport Management, Inc. for Water Tower #1 and Water Tower #2, Since both agreements are
identical with the exception of location, we have attached one, and would ask that the City Council
approve of them as one item.
JPK/jpk
Attachments
�
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 24, 2009
William W. Burns, City Manager
James Kosluchar, Public Works Director
August 24, 2009
PW09-043
Preliminary Assessment Hearing on Street Rehabilitation
Project No. ST2009-02
Pursuant to discussion and direction of the City Council, a feasibility report has been
prepared by the City of Fridley Public Works Department with reference to the Street
Rehabilitation Project No. ST2009-02. On July 27, 2009, this report was presented to
the City Council. The City Council set a date for a public hearing on assessments for
August 24, 2009 at 7:30 PM.
Nineteen (19) residential properties and twelve (12) commercial properties are subject
to assessment on the project, in conformance with the City of Fridley's Roadway Major
Maintenance Financing Policy.
Staff has been very careful about following all proper procedures for notifying the
affected property owners subject to assessment, such as individual letters inviting them
to the meeting, which were mailed on August 11, 2009. Publication serving as legal
notice of the hearing has been posted in the Focus Legal Ads section August 13, and
August 20, 2009.
With mailed notices, staff also included invitations to a project open house held on
August 18, 2009. At the open house, staff presented project construction information,
including project scope and tentative schedule. Twelve owners and their
representatives attended the open house. Staff was available to address questions
and concerns from attendees.
Staff requests that the City Council open the preliminary assessment hearing on Street
Rehabilitation Project No. ST2009-02 and hear all those who desire to address the
Council.
JPK:jpk
Attachment
CITY OF FRIDLEY
NOTICE OF HEARING ON IMPROVEMENTS
STREET REHABILITATION PROJECT NO. ST2009-02
WHEAREAS, the City Council of the City of Fridley, Anoka County, Minnesota has deemed it
expedient to receive evidence pertaining to the improvements hereinafter described.
NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 24th day of August, 2009,
at 7:30 p.m. the City Council will meet at the Fridley Municipal Center Council Chambers,
6431 University Ave., N.E., Fridley, MN and will at said time and place hear all parties
interested in said improvements in whole or in part.
The general nature of the improvements is the construction (in the lands and streets noted
below) of the following improvements, to-wit:
Street and utility improvements, including asphalt milling, hot mix bituminous material, street
striping:
STREET REHABILITATION PROJECT NO. ST2009-02
61 st Avenue Starlite Avenue to West Moore Lake Drive
West Moore Lake Drive 61st Avenue to TH 65
East Moore Lake Drive TH 65 to Central Avenue (CSAH 35)
All of said land to be assed proportionately according to the benefits received by such
improvement.
Hearing impaired persons planning to attend the public hearing who need an interpreter or
other person with disabilities who require auxiliary aids should contact Roberta Collins at 763-
572-3500 no later than August 21st, 2009.
Published: Fridley Focus
August 13th, 2009
August 20th, 2009
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 24, 2009
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne R. Otteson, Assistant Public Works Director
August 24, 2009
PW09-044
Street Rehabilitation Project ST2009-02 - Resolution Directing Preparation of Final
Plans and Ordering Advertisement for Bids
The attached resolution directs preparation of final plans and specifications and authorizes the
advertisement for bids for the 2009 Street Rehabilitation Project No. ST2009-02. This project,
advanced from the 2010 annual mill and overly program, proposes to rehabilitate 61St Avenue /
Moore Lake Drive from Starlite Boulevard to Central Avenue. The total project length is
approximately 1.7 miles, of which approximately 1.4 miles would be resurfaced.
This rehabilitation project would include a 2" deep mill and overlay over the streets described
above. Additional improvements included in the design are, bicycle/pedestrian upgrades, and
miscellaneous repairs.
The repaving work is funded using special assessments, federal stimulus funds through the
American Recovery and Reinvestment Act of 2009 (ARRA), and Municipal State Aid funds.
Water, sanitary, and stormwater costs are funded by their respective utilities.
A Public Hearing on special assessments for this project is scheduled for the August 24, 2009, City
Council meeting.
Staff recommends that after the public hearing, the City Council consider adopting the attached
resolution to prepare final plans and specifications and call for bids for the work.
JPK:jpk
Attachment
RESOLUTION NO. 2009 -
RESOLUTION ORDERING FINAL PLANS, SPECIFICATIONS AND CALLING FOR BIDS:
2009 STREET REHABILITATION PROJECT NO. ST 2009 - 02
WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of
Fridley and the property owners affected thereby, and
WHEREAS, the City of Fridley has prepared a Capital Improvement Plan to systematically reconstruct
streets in the City to a standard section including concrete curb and gutter, and
WHEREAS, the City of Fridley's Engineering Department has completed preparation of a feasibility
report and estimates of costs thereof for the improvements.
WHEREAS, pursuant to direction of the City Council, a report has been prepared by the City of Fridley
Public Works Department with reference to the specific improvements, and
WHEREAS, Resolution No. 2009-28 adopted July 27, 2009 received the draft feasibility report and
called for a public hearing on the matter of the construction of certain improvements listed therein, and
WHEREAS, a public hearing regarding said improvements was set for August 24, 2009, and ten days'
mailed notice and two weeks' published notice of the hearing was given, and
WHEREAS, the public hearing regarding said improvements was held thereon on August 24, 2009 at
which all persons desiring to be heard were given an opportunity to be heard thereon,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY, MINNESOTA:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility
report.
2. That the improvements proposed in the feasibility report are hereby ordered to be effected
and completed as soon as reasonably possible, to-wit:
3. Street improvements, including milling and overlaying with hot-mix bituminous
pavement and ancillary work associated with these improvements, to be constructed on
the following streets:
61 st Avenue
West Moore Lake Drive
East Moore Lake Drive
Starlite Avenue to West Moore Lake Drive
61st Avenue to TH 65
TH 65 to Central Avenue (CSAH 35)
4. That the work be incorporated in the 2009 STREET REHABILITATION PROJECT NO.
ST2009-02.
5. That the work be performed under this project may be performed under one or more
contracts as may be deemed advisable upon receipt of bids.
6. That the Director of Public Works, James P. Kosluchar, is hereby designated as the
engineer for this improvement. He shall oversee the preparation of plans, specifications
and estimates of costs thereof for making of such improvements.
7. That final plans, specifications, and estimates are prepared by the Public Works
Engineering Division and provided to the City Council as they are completed.
8. That the Engineering Division call for bids in order that proj ect award and construction
can be considered.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24t'' DAY
OF AUGUST 2009.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
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�ffY �F
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
August 24, 2009
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Craig A. Ellestad, Accountant
August 13, 2009
Resolution Certifying Proposed Tax Levy for 2010 to Anoka County
In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is a resolution
certifying the proposed tax levy requirements to the Anoka County Auditor. It is due to the County
Auditor on or before September 15.
The staff is recommending a 2010 proposed tax levy of $10,299,707. This is an 8.7% increase from
what was approved last year, and is the maximum levy allowed by the city charter. This amount is
$627,103 below the State levy limit. The make-up of this is:
$9,472,487 Certified to County for 2009
10,299,707 Proposed to County for 2010
827 220 8.73% Increase
We request the City Council pass the attached resolution to certify the proposed tax levy
requirements.
It should be noted that our 2009 levy of $9,472,487 was down $54,946 from the 2008 levy of
$9,527,433 or .6% less.
RESOLUTION NO. 2009 -
A RESOLUTION CERTIFYING PROPOSED TAX LEVY REQUIREMENTS FOR 2010 TO
THE COUNTY OF ANOKA
WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the
power to raise money by taxation pursuant to the laws of the State of Minnesota; and
WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the City to certify its proposed tax
levy requirements to the County Auditor on or before September 15; and
NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County of Anoka,
State of Minnesota, the following proposed tax levy to be levied in 2009 for the year 2010
GENERAL FUND
General Fund
CAPITAL PROJECT FUND
Capital Improvement Fund - Parks Division
AGENCY FUND
Six Cities Watershed Management Organization
MARKET VALUE BASED REFERENDUM LEVY
Springbrook Nature Center
BONDEDINDEBTEDNESS
2005A GO Improvement Bonds (Streets 2005)
2006A GO Improvement Bonds (Streets 2006)
2007A GO Improvement Bonds (Streets 2007)
2008A GO Improvement Bonds (Streets 2008)
TOTAL ALL FUNDS
$ 9,280,966
C
6,200
$ 314,400
169,741
197,200
183,700
147,500
$ 10,299,707
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24Tx
DAY OF AUGUST 2009.
Scott J. Lund, Mayor
Attest:
Debra A. Skogen, City Clerk
�
�
�ffY �F
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
August 24, 2009
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Craig A. Ellestad, Accountant
August 13, 2009
Resolution for Adopting Proposed Budget for Fiscal Year 2010.
In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the 2010
proposed budget.
Chapter 275 requires the City to certify a proposed budget to the County Auditor on or before
September 15.
We request the City Council pass the attached resolution and adopt the 2010 proposed budget.
Remember that the levy resolution must be adopted prior to adopting the budget.
RESOLUTION NO. 2009 -
A RESOLUTION ADOPTING THE PROPOSED BUDGET FOR THE FISCAL YEAR 2010
WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual
budget; and
WHEREAS, the City Manager has prepared such document and the City Council has met several times for the
purpose of discussing the budget; and
WHEREAS, Chapter 275.065, subd. 6 of Minnesota Statutes requires that the City shall hold a public hearing to
adopt its final budget; and
WHEREAS, the City Council will hold a public hearing on December 7, 2009 before determining a final budget;
NOW THEREFORE, BE IT RESOLVED that the following proposed budget be adopted and approved:
GENERAL FUND
Taxes
Current Ad Valorem
Deliquent, Penalties,
Forfeited
Licenses and Permits
Licenses
Permits
Intergovernmental:
Federal
State: Local GovernmentAid
All Other
Charges for Services:
General Government
Public Safety
Public Works
Community Development
Recreation
Fines and Forfeits
Special Assessments
Interest on Investments
Miscellaneous Revenues
Other Financing Sources:
Sales of General Fixed Assets
LiquorFund
Gosed Debt Service Fund
TOTAL REVENUES AND OTHER
FINANCING SOURCES
Fund Balance:
General Fund Reserve
ESTIMATED
REVENUE
$ 9,280,966
93,500
190,300
348,700
7,000
759,414
627,282
1,121,800
181,900
47,000
6,000
262,000
270,000
23,000
90,000
174,500
0
350,000
250,000
14,083,362
155,683
TOTAL GENERAL FUND $ 14,239,045
Legislative:
City Council
City Management
General Management
Human Resources
Legal
Finance:
Elections
Accounting
Assessing
NIIS
City Clerk/Records
Police:
Police
Emergency Management
Fire:
Fire
Rental Inspections
Public Works:
Municipal Center
Engineering
Lighting
Park Maintenance
Street Maintenance
Garage
Recreation:
Recreation
Community Development
Building Inspection
Planning
Reserve:
Emergency
Nondepartmental:
APPROPRIATIONS
$ 116,215
280,067
203,794
377,400
53,703
694,757
195,237
227,552
169,073
4,978,708
21,965
1,287,419
144,081
280,434
515,078
249,800
978,641
1,189,194
442,745
940,709
308,933
443,440
105,000
35,100
$ 14,239,045
SPECIAL REVENUE FUNDS
Cable TV Fund $ 261,000
Grant Management Fund 116,348
Solid Waste Abatement Fund 426,277
Police Activity Fund 0
Springbrook NC Fund 402,100
Fund Balance (44,967)
TOTAL SPECIAL REVENUE FUNDS $ 1,160,758
CAPITAL PROJECTS FUND
Capital Improvement Fund
General Capital Improvement
Streets Capital Improvement
Parks Capital Improvement
Fund Balance
TOTAL CAPITAL PROJECTS FUND
AGENCY FUND
Six Cities Watershed Fund
Taxes-Current Ad Valorem
TOTAL AGENCY FUND
TOTAL ALL FUNDS
$ 14,127
613,547
71,204
249,122
$ 948,000
6,200
$ 6,200
$ 16,354,003
Cable TV Fund
Grant Management Fund
Solid Waste Abatement Fund
Police Activity Fund
Springbrook NC Fund
Fund Balance
General Capital Improvement
Streets Capital Improvement
Parks Capital Improvement
Six Cities Watershed
$ 143,873
116,348
426,277
94,992
379,268
0
$ 1,160,758
$ 86,000
795,000
67,000
$ 948,000
6,200
$ 6,200
$ 16,354,003
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
24TH DAY OF AUGUST 2009.
Scott J. Lund, Mayor
Attest:
Debra A. Skogen, City Clerk
� AGENDA ITEM
� CITY COUNCIL MEETING OF AUGUST 24, 2009
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS