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06/22/2009 - 29302CITY COUNCIL MEETING CITY OF FRIDLEY JUNE 22, 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 Scott Hickok, Community Development Director Deb Skogen, City Clerk PROCLAMATION: Mayor Lund presented a Proclamation for Parks and Recreation Month — July, 2009, to Jack Kirk, Director of Parks and Recreation. LEGISLTIVE UPDATE: Senator Satveer Chaudhary said there were going to be a lot of cuts to local governments and the proposed unallotment analysis could result in funds being taken away from cities, which could result in Fridley losing about $700,000. Mayor Lund said they had thought the unallotment would be around $500,000 which was less than what was expected. Ne�t year the cuts could be $1 million. Senator Chaudhary said people will be seeing tax increases on their properties. In an already struggling housing market, property tax increases is not the way to go. This is something the legislature was trying to avoid, an impact on property taxes. Senator Chaudhary said deficits have been going on for a decade but nothing compares to what will happen this year. Mercy Hospital will lose $10 million, Unity Hospital $4 to $5 million, Hennepin County $100 million, and Regions Hospital $45 million. People who work but are not eligible for any other healthcare and cannot afford the premiums have to decide what their values are. The legislature is putting value on healthcare, education and public safety. One value missing is home ownership; to stay in our homes. It is not possible to satisfy 100% of our values, so a compromise needs to be made. $5.0 billion in cuts is not possible but $5 billion in property tax increases could be on the rise. FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 2 Senator Chaudhary said there should be a reduction or elimination of mandates. The burden of essential services cannot be put on the property tax owners alone. More information will be available ne�t week when the final unallotments are made. Mayor Lund commented that cities have very few opportunities to bring in revenues so cities are forced to make budget cuts or to raise property taxes. In Fridley's case, there are limitations as to raising property taxes with the Charter restriction. Senator Chaudhary said if citizens are interested in the environment that is one gem that came out of the session. This is one of the greatest injections of conservation programming in one single year in the history of Minnesota. Funding will buy an entire forest, advance clean water assessments far beyond what was ever expected and a new infusion of parks dollars, cultural dollars and habitat monies were put forward. It was a privilege to be a part of that effort. The energy stimulus is a huge help but it was smart for the Federal Government to focus on weatherization. Mayor Lund said it would be nice to see matching funds for the Springbrook Nature Center. Senator Chaudhary said that he worked so hard for the entire state of Minnesota and Springbrook Nature Center that the government should help fund the entire proposal. Congressman Keith Ellison said that he tries to visit every city once a year to talk about what is going on. He highlighted the following: • A request has been submitted in a High Priority Transportation Project from Big Lake to St. Cloud, including a stop in Fridley. Congratulations on the Fridley stop. It looks like things are coming along well. Appropriations for other High Priority Transportation Projects include a transit way between Minneapolis and Anoka suburbs and the Northstar expansion. • The legislation hopes to create a National Infrastructure Bank to call for $5 billion per year to leverage $625 billion for transit, roads, etc. This is how high speed trains are financed in Europe. Our country is about a trillion in debt of unmet transportation needs. • A recent bill that was passed is the Credit Card Reform Bill. This will benefit people because about half of Americans do not pay off the balance of their credit cards every month. People carry balances of high numbers and in these tough times, people rely on credit cards more and more. This bill provides more transparency and accountability and would stop credit card companies from raising interest rates without notice. The Federal Reserve has studied these issues and the process is currently abusive to consumers. • An Anti-Creditor Lending Bill has passed. This bill will help families save their homes and includes a bill to protect tenants from being evicted when the landlord is in foreclosure. It will also help people get into affordable viable mortgages. • Another bill that is coming up is the Carbon Trade Bill. The American Clean Energy Act of 2009 is a bill that will set limits on carbon emissions and the government will take proceeds from carbon credits to energy projects and help lower income people with increases in their energy bill. This will promote low carbon fuels, electric vehicles, green building etc. This bill has not gone through the House or Senate. FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 3 The Healthcare Bill has not been passed. There is an 800 page draft on the website. This bill will affect our country in significant ways. Healthcare has increased over time and is a big part of the budget. Everyone has healthcare nightmares; increases in premiums, high deductibles, preexisting conditions, exclusions, etc. This bill is designed to address those issues. Congressman Ellison said he would love to hear from Council members on these issues, as it will be affecting everyone. It is not possible to know what the pulse is in Fridley, so he is relying on Council for input and hopes they can work together on these issues. William Burns, City Manager, asked if there was going to be a Healthcare Bill. Congressman Ellison said that the energy on Capital Hill is that there will be a healthcare bill. He is 99% sure it will pass through the House. What will happen in the Senate is unknown. He remains optimistic. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 8, 2009. APPROVED. NEW BUSINESS: 1. Approve Reappointment to Housing and Redevelopment Authority. William Burns, City Manager, said Lawrence Commers, Housing & Redevelopment Authority, would like to be appointed for another term ending June 9, 2014. Staff recommends Council's approval. APPROVED REAPPOINTMENT OF LAWRENCE COMMERS TO THE FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY. 2. Claims (142085 — 142269). APPROVED. 3. Licenses Councilmember Bolkcom said that the list of licenses needed to be replaced with a new list that was received. APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to adopt the Consent Agenda as presented. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda as presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Mark Ellingson, Fridley Covenant Church, asked for permission to place a 4' x 8' banner on his property. He was looking for an exemption from the City Code which allows only one week a year to display the banner. He said when he came to the church in 2004, the congregation was down to 40 people. Over the last four years the size has tripled. One of the means of this success is from the banners. Their banners are attractive and professionally made. Some of the activities that would be promoted on the banner are carnivals, vacation bible school, a basement sale and softball tournaments. He said the banners are not a nuisance and he would like Council to consider allowing them to use banners three to four times a year instead of once. The banner would be taken down when the event is over. Mayor Lund asked what the City Code was for banners. Scott Hickok, Community Development Manager, said commercial businesses are allowed two events, 14 days each event. Churches are allowed a sign one time a year and the banner can be displayed for a short period of time. Mayor Lund said that Council would get back to Mr. Ellingson on this issue. He mentioned that non-profits may use the City's billboard in front of the fire station to advertise events. If the church was interested in utilizing the City sign, he recommended to book early because there is a demand for the use of that because it is free advertising. The problem with this request is that if an exception is made for one, the door is open for other organizations. Judith Wall, 720 Rice Creek Terrace, said she is trying to get a variance on the City's three pet per household ordinance. She understands the reason for the ordinance is to limit people from having a lot of animals. Her animals have been spayed or neutered and are members of her family. She has three dogs and five cats. Two of the cats are her granddaughter's and her son moved in a year ago and brought two dogs and two cats. Mayor Lund asked if an officer came to visit because people were complaining. Ms. Wall said a neighbor saw one of her cats go through their yard. Mayor Lund said if she has eight pets, she is in violation of the City Code. FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 5 Ms. Wall said she understood that an appeal could be made. She said there are no other options available because there are no relatives to help her. She has been trying for three weeks to find homes for these pets. No-kill shelters have a lot of animals and no shelters will take the cats. Mayor Lund asked if she was aware of the ordinance regarding dog licensing. Ms. Wall said she was not aware of licensing. Mayor Lund said if some of the animals are her son's, that is his problem. Ms. Wall said if the police take the animals, they will go to the Humane Society and they will be killed. Mayor Lund said Council will look at what options are available and get back to Ms. Wall. Councilmember Bolkcom said Ms. Wall needs to go to court on the 24tn Ms. Wall said that the summons is in her son's name. Mayor Lund said if a summons was falsely given, she needs to speak to a judge. Mention two dogs are your son's. The fine will need to be paid or the ticket will need to be fought in court. Once a ticket is issued, Council cannot take the ticket away. Councilmember Bolkcom asked staff to contact Ms. Wall. William Burns, City Manager, said he would have someone contact her. Mayor Lund suggested Ms. Wall to look into getting a dog/cat kennel license. PUBLIC HEARINGS: 4. Consideration of a 3.2% Malt Liquor License Application and a Wine License Application for Joginder Cheema of India Express, Inc., d/b/a India House, Located at 765 — 53rd Avenue N.E. (Ward 1) MOTION by Councilmember Saefke to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:25 P.M. Debra Skogen, City Clerk, said the building is located at 765 53rd Avenue NE. It was previously a shoe store or small grocery store. She said that Mr. Joginder Cheema is the applicant. The building is being leased to India House for a period of five years, with two additional periods of five-year terms. Ms. Skogen said the notice of the Public Hearing was published in the Fridley Sun-Focus on June 11, 2009. Mr. Cheema has paid all required license fees and has been working with Anoka County officials and City staff to remodel and create a restaurant facility that serves up to 96 people. FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 6 Ms. Skogen said Mr. Cheema is at the meeting to answer any questions Council may have. Staff recommends holding the public hearing. Councilmember Saefke asked if Mr. Cheema was aware of the liquor/food ratio. Ms. Skogen said he is aware but with wine it is slightly different; 60% food rather than 40% food. Shashi Gupta, friend of Mr. Cheema, said she has known Mr. .Cheema since 1996 and has been in Minnesota since 1993. Mr. Cheema has opened many restaurants in the Twin Cities. The India House in Minneapolis just opened in February on Grand Avenue. Mr. Cheema is well respected in the Indian community for his generosity. Mayor Lund asked how many restaurants are still surviving. Joginder Cheema, India Express, said he had five restaurants and three are currently operating. Mayor Lund asked what the seating capacity was for the restaurant. Mr. Cheema said 96. He added that they will serve a luncheon buffet from 11:00 a.m. unti12:30 p.m. and dinner from 5:00 p.m. until 10:00 p.m. MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember Barnette. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:31 P.M. 5. Consideration of an On-Sale Intoxication Liquor License Application for James A. Nicklow, Shorewood, Inc., d/b/a Shorewood Restaurant, Located at 6161 Highway 65 N.E. MOTION by Councilmember Varichak to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:32 P.M. Debra Skogen, City Clerk, said the building located at 6161 Highway 65 has been re-acquired by James Nicklow as a result of the Fridley Crab House closing last fall. Mr. Nicklow is the applicant and he plans to reopen the establishment as the Shorewood Restaurant in Fridley. Ms. Skogen said the public hearing notice was published in the Fridley Sun-Focus on June 11, 2009. Mr. Nicklow has paid all required license fees. Mr. Nicklow has been working with Anoka County officials and City staff to clean-up and upgrade the facility as required. Ms. Skogen said final approval of the license will be scheduled for July 13, 2009; however the license will not be issued until the restaurant has received final approval from Anoka County FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 7 Environmental Health and the City Inspector. Mr. Nicklow is in attendance this evening to answer any questions Council may. Staff recommends holding the public hearing. Councilmember Bolkcom asked for clarification of the ratio for intoxicating beverages. Ms. Skogen said 40% gross sales food and 60% liquor. Councilmember Bolkcom asked if they were applying for a 2:00 a.m. license or an outdoor patio. Ms. Skogen said no but there was one in the past. Mayor Lund said he was looking forward to having another restaurant in Fridley. Gary Zechmeister, partner in the project, said he has known the family for over 30 years and has done many projects with refurbishing. In this case, Mr. Nicklow took the restaurant back and is interested in opening it. When Mr. Nicklow bought the building back, it was in tough shape and they put together the necessary information for Anoka County. Mr. Nicklow's intention is to offer a nice supper club. The kitchen is being reworked to the menu needs. The interior will have new wall finishes, carpeting, furniture, fi�tures, booths and tables. This will look like a fresh new facility. The outside will be painted and a new sign will be installed. The restaurant will have a great spot by the lake. The floor plan is very similar to what it was. The restaurant will be locally owned and locally ran. The building will also be brought up to code with fire protection. Councilmember Saefke asked if a grease trap was installed in the kitchen. Mr. Zechmeister said yes, that is part of the renovation. Councilmember Varichak asked if anything would be done with the parking lot because there are some pot holes and it could be restriped. Mr. Zechmeister said that the area where people enter will be addressed. To date, the parking lot has not been addressed but the landscaping has. Lighting and parking will be addressed eventually but they are starting on the inside and working their way out. Councilmember Varichak asked about the entrance from Highway 65 and if it would remain open. She recalls a conversation of closing off entrances from Highway 65. Scott Hickok, Community Development Director, said that is planned at some point in the future when funding is available. The State would eliminate access into that parking lot. Access would still be there but the location would be from existing drive at East Moore Lake Drive. Councilmember Bolkcom asked if Mr. Nicklow was aware of the food to liquor ratio. She also asked if they would be open unti12:00 a.m. Mr. Nicklow said his ratio currently runs 50/50, so it should not be an issue. He said he has not decided if he would be open unti12:00 a.m. or not. FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 8 Ms. Skogen said the application was checked for the 2:00 a.m. time, and he would have to apply for the state license. MOTION by Councilmember Varichak to close the public hearing. Seconded by Councilmember Bolkcom. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:46 P.M. OLD BUSINESS 6. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #09-01, by Premier Central 65 Partners, to Rezone from M-2, Heavy Industrial, to R-3, General Multiple Units, Generally Located at 7011 University Avenue N.E.) (Ward 1) Scott Hickok, Community Development Director, said Jim Winkels of Amcon Construction, on behalf of the petitioner, Premier Centra165 Partners, is requesting a Rezoning, ZOA #09-01. The current zoning of the subject property is M-2, Heavy Industrial. The petitioner is seeking to rezone the property to R-3, Multi-Family. Mr. Hickok said at the June 8, 2009, City Council meeting, the first reading of the ordinance for rezoning, ZOA #09-01, was held. At the May 18, 2009, City Council meeting, a public hearing was held, and a public hearing was also held at the May 6, 2009, Planning Commission meeting. After receiving public comment and a brief discussion, the Planning Commission recommended approval of Rezoning Request, ZOA #09-01. The motion carried unanimously. Mr. Hickok said City staff recommends Council hold the second and final reading of this ordinance for the approval of Rezoning Request, ZOA #09-01. Councilmember Barnette said he lives south of the project and one of the concerns in the neighborhood is parking on the street on 69th Avenue. He asked if there was an agreement that the parking lot could be used for park parking and if there was any way signage could encourage people to park in that lot. Mr. Hickok said there is no way to predict if people will park on 69th Avenue, but from a design perspective, the developer has done a good job working with staff to develop a way for people to park there and take a pathway to the park This is a new and exciting development and it will be easy to get to the park from the parking lot. The ease of the design should encourage people to park there. Mayor Lund said the desire would be to put signage on 69th Avenue to tell people to park in the parking lot, but did not know if there were any restrictions on the use of the parking lot. Mr. Hickok said that things can be worked out in the development agreements. The signage is outside of his department, however. Jack Kirk and Jim Kosluchar will need to be approached about that request as signage on the street generally is handled through the Public Works Department. FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 9 Mayor Lund said that he hopes that becomes part of the discussion of the agreements. There is some signage there now but it is just informational signage. He does not want to overly encourage using the parking lot as it is intended for medical clinic parking during business hours. The park is used in the early evening when the medical clinic should be downsizing on the need for parking. Signage would be a good way to get people used to parking there. Councilmember Bolkcom asked who would pay for the signage. Councilmember Barnette asked if people who were parked illegally would be ticketed. This would not be a developer's issue because it is a City issue. It would be nice to allow parking. He added that he did not think the developer would be responsible to pay for the signage. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt Ordinance No. 1258 on second reading and order publication. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY NEW BUSINESS 7. Preliminary Plat Request, P.S. #09-02, by Premier Central 65 Partners, to Allow the Creation of Two Lots from One Lot, Generally Located at 7011 University Avenue N.E. (Ward 1). 8. Special Use Permit Request, SP #09-03, by Premier Central 65 Partners, to Allow the Construction of a Medical Clinic on the South Half of the Subject Property Within an R-3, Multi-Family Zoning District, Generally Located at 7011 University Avenue N.E. (Ward 1). 9. Special Use Permit Request, SP #09-04, by Premier Central 65 Partners, to Allow the Construction of an Independent Living, Memory Care and Nursing Home Facility on the North Half of the Subject Property, Within an R-3, Multi-Family Zoning District, Generally Located at 7011 University Avenue N.E. (Ward 1). Scott Hickok, Community Development Director, said that he would be presenting Items 7, 8 and 9 together but they would be voted on separately. Jim Winkels of Amcon Construction, on behalf of the petitioner, Premier Central 65 Partners, is seeking four separate land use actions from the City of Fridley, which will allow for the redevelopment of the Columbia Arena site, which is located at 7011 University Avenue. Mr. Hickok said petitioner has requested a Plat, PS #09-02. Currently, the site is one large, 14- acre parcel. The petitioner is seeking to subdivide the lot into 2 parcels. The northern parcel will be 7.65 acres, and the southern parcel will be 6.48 acres after the replat. The petitioner is also requesting a Special Use Permit, SP #09-03, to allow for the construction of a 50,000 square foot medical clinic on the southern lot and Special Use Permit, SP #09-04, to allow the construction of a senior living facility on the northern lot. Mr. Hickok said at the May 6, 2009, Planning Commission meeting, a public hearing was held for PS #09-02, SP #09-03 and SP #09-4 and after receiving public comment and holding a brief discussion, the Planning Commission recommended approval of all requests with stipulations. FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 10 The motions carried unanimously. City staff recommends concurrence with the Planning Commission. Councilmember Bolkcom asked if there would be a development agreement and re- development agreement later on. Mr. Hickok said that there will be a public hearing related to tax increment financing in August. The development will talk about utilities, parking, easements and other mechanical items. The tax increment financing agreement talks specifically about expenditures, and how to go about capitalizing if the grant is issued. Within the ne�t week or two, they will know if the development would have one lot or two. This will then go before Anoka County and there will be a six-month wait for the final plat analysis. Once the developer comes back with signatures, at that time a development agreement would be signed because those two are closely tied together. Councilmember Bolkcom said she was concerned and wanted to make sure the preliminary plat and the development plat were reviewed before the final plat. Mr. Hickok said the City does not see a development like this often enough and it can be confusing. There are two players and a development agreement that talks about that relationship and the city relationship. This is not about redesigning the project but the language in the development agreement makes sure the mechanical aspect is agreed upon. Councilmember Bolkcom asked if Council approves the special use permit construction, if the special use permit can run sometime before portions of this happen. Mr. Hickok said this is not unusual and nothing can be built on this site without the final plat. The final plat is needed for legal description and for financing. Staff is recommending approval but not granting permission to start construction. The final plat will not be granted until Council approves it. Mayor Lund said some of theses concerns could be addressed as things begin to progress. Councilmember Bolkcom said that this process is new to us. There are three phases when initially we thought things would happen simultaneously. She wanted to make sure everything is done properly. Mr. Hickok said that he just found out today there would be three phases. Robert Foster, Partner in the Project, said that Mr. Hickok is correct that the developers cannot move forward until final plat approval is received. His group is responsible for the overall development of the site. From the perspective of his half, as soon as approval is received they plan to start construction in the fall. The clinic is anxious to move forward and want to be in the clinic in 2010. Lynn Wilson, Partner in the Project, said they are working with the developers on the assisted living side and the market has changed. If this project was coming before Council five years ago, the equity that would need to brought to the table would have been around $2.0 million. Today the equity requirements are about $6.75 million. This development will be privately financed. He wanted to assure Council that this will be a quality project and will look beautiful. FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 11 It is easier to bring $3.0 million in now and create the development in phases. This is a unique type of housing. MOTION by Councilmember Saefke to approve Preliminary Plat Request, P. S. #09-02, by Premier Centra165 Partners, with the following six stipulations: 1. An easement to provide perpetual access to the fire training facility have been discussed and agreed to, but have not been shown on the preliminary plat. An easement description and easement document must be prepared, approved by the City's Fire Chief and made ready for final signatures for filing, prior to approval of the final plat. 2. An easement to provide perpetual share parking between the clinic, senior building and park, south of the clinic, have been agreed upon, but have not been memorialized in an easement document. That document shall be prepared, approved by the County Parks and Recreation Director and made ready for signature and filing, prior to final plat approval. 3. Anoka County's path shall be moved from the southern edge of the clinic parcel and ready for reinstallation in accordance with plans to be approved by Anoka County prior to final plat approval. 4. A path connection plan allowing safe access from the clinic parking lot to the County path south of the clinic parking lot. 5. A path along 71st to meet the specifications of the City Engineering Department shall be installed. 6. All pathway and easements, once designed to City specification and installed, will eliminate the developer's need to contribute park dedication for this plat. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY MOTION by Councilmember Saefke to approve Special Use Permit Request, SP #09-03, by Premier Centra165 Partners, with the following sixteen stipulations: 1. The property shall be developed in accordance with the Amcon Construction site plan A0.0, dated May 5, 2009. 2. The building elevations shall be constructed in accordance with architectural plans EL.1, dated November 21, 2008. 3. The petitioner shall obtain all necessary permits prior to construction. 4. The petitioner shall meet all Building codes, Fire codes, and ADA requirements. 5. The building at 7011 University Avenue shall be removed prior to issuance of building permit. FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 12 6. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 7. No signs shall be located within the right-of-way. Any planting within the right-of-way shall be approved by the City and/or State prior to planting. Sign permits shall be required for all signs prior to installation. 8. The petitioner shall obtain a permit from the City and/or State for any work done within the right-of-way. 9. The petitioner shall identify storm water management area on site and shall provide necessary easements. 10. Storm water management maintenance agreement shall be filed with the City prior to issuance of building permits. 11. The petitioner shall obtain any required NPDES permits. 12. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 13. Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 14. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 15. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 16. A Development Agreement outlining the Developer's obligation to install and loop utilities, etc., will be prepared by the City and shall be signed by the petitioner prior to final plat approval. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY MOTION by Councilmember Saefke to approve the Special Use Permit Request, SP #09-04, by Premier Centra165 Partners, with the following seventeen stipulations: 1. The property shall be developed in accordance with the Amcon Construction site plan A0.0, dated may 5, 2009. 2. The building elevations shall be constructed in accordance with architectural plan A500 (not dated, but submitted with packet). 3. The petitioner shall obtain all necessary permits prior to construction. FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 13 4. The petitioner shall meet all Building codes, Fire codes, and ADA requirements. 5. The building at 7011 University Avenue shall be removed prior to issuance of building permit. 6. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 7. No signs shall be located within the right-of-way. Any planting within the right-of-way shall be approved by the City and/or State prior to planting. Sign permits shall be required for all signs prior to installation. 8. The petitioner shall obtain a permit from the City and/or State for any work done within the right-of-way. 9. The petitioner shall identify storm water management area on site and shall provide necessary easements. 10. Storm water management maintenance agreement shall be filed with the City prior to issuance of building permits. 11. The petitioner shall obtain any required NPDES permits. 12. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 13. Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 14. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are property capped or removed. 15. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 16. A Development Agreement outlining the Developer's obligation to install and loop utilities, etc., will be prepared by the City and shall be signed by the petitioner prior to final plat approval. 17. The petitioner shall provide the City with a copy of the conditions or restrictions for residency within the proposed building. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 14 10. Establish a Public Hearing for July 13, 2009, to Consider a Proposed Amendment to Chapter 7 of the Fridley City Charter. William Burns, City Manager, said with the projected loss of more than $1.6 million in Local Government Aid since the latter part of 2008, declining interest earnings, and considerably reduced permit and license fees, the City has had to focus very intently on reducing costs. The City has implemented numerous cutbacks for 2009 as well as identified more than $700,000 in cuts to the 2010 General Fund budget. The cuts include freezing employee salaries and merit step increases for a savings of more than $350,000. Other cuts in the 2010 General Fund budget include the following: • A reduction in the employee health insurance contribution -$113,000. • Elimination of employee travel and conference expenses -$68,000. • Freezing of a vacancy in the City Finance Department - net savings of $45,500. • A 25% cut in the allocation for summer parks maintenance employees -$34,432. • A cut in the cost for contract building inspectors -$30,000. • Elimination of employee vacation sellback -- $40,000. • Elimination of University Avenue Corridor Mowing -- $25,000. • Cutbacks in Geographic Information System contractual service costs -- $18,000. Dr. Burns said the City has made revenue adjustments where possible such as the Parks Capital Improvement Fees shifted to the General Fund ($107,000), increased overhead charge charged by the General Fund to the utility funds ($61,500), and the City is in the process of reviewing fees, including our rental licensing fee. Dr. Burns said revenue adjustments, however have suffered as the City experiences sharply lower license and permit fees ($150,600 for 2010), significantly lower interest earnings ($100,000 projected for 2010), and declining liquor store revenue (projected at $150,000 for 2010). The combination of revenue and expenditure adjustments will leave us about $1,000,000 short of balancing our General Fund budget for 2010. Although the shortfall can be made up from transfers from our General Fund Reserve and other external funds for 2010, we are projecting that we will have reached the point where we will need to borrow money to keep up with our cash flow needs by early 2012. By this time ne�t year, the City will be facing the choice of either cutting services or attempting to raise revenue. Dr. Burns said Chapter 7 of the City Charter, however, prevents the City from asking residents for additional revenues until the General Election of 2010. In order to enable us to get the issue to the voters in a timely manner, City staff approached the Charter Commission on June 10 with a request to initiate a change to Chapter 7 of the Fridley City Charter that would enable the City to bring a revenue issue to the voters in a special election. Dr. Burns said the proposed amendment also asks that the 51% majority requirement for approval be changed to a majority of those voting on the issue. The Charter Commission agreed by a vote of 8-2 to initiate the requested changes. The ne�t step would be for the City Council to adopt the Charter Amendment by Ordinance. This, however, requires a public hearing. Tonight's Council action would set the public hearing for the July 13 City Council meeting. The first reading of the ordinance would also be held on July 13. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 15 Mayor Lund said thought it would be great to have a public hearing to get citizen input. Don Findell, 6850 Siverts Lane, member of the Fridley Charter Commission, agreed that it is a great idea to put an amendment forward because it satisfies everyone's concerns and needs. The only thing the City is lacking is the opportunity to put forth a special election which will be solved by this issue. Mayor Lund said that the public hearing will give people the opportunity to voice their concerns. This is a great education tool for citizens to express their concerns. MOTION by Councilmember Bolkcom to establish a public hearing for July 13, 2009, to consider a proposed amendment to Chapter 7 of the Fridley City Charter. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. First Reading of an Ordinance Amending Chapter 101, Animal Control, of the Fridley City Code Pertaining to Prohibition of Waterfowl Feeding. Jack Kirk, Parks and Recreation Director, said staff is proposing a change to the ordinance pertaining to waterfowl feeding. The Parks & Recreation Commission members are supportive of this amendment. The City has a significant number of Canadian geese and ducks at Moore Lake. There is a swimming beach, playground and picnic area and the abundance of geese and ducks create concerns. The reason for the problem is because of the people who feed them. The people think they are doing the ducks and geese good by feeding them but because of the large concentration, it causes a mess at the parks. The droppings from the large concentration of waterfowl cause health and cleanliness concerns and we know that from research the droppings can affect water quality in the lakes. Mr. Kirk said the City has one swimming beach that opened on June 13 but it had to close because of E. coli in the water and the beach remains closed. Once the results are normal, the beach can reopen. Ducks and geese do fine on their own finding their food. The type of food people feed them does not have the nutrients they need to remain healthy. This creates an unhealthy situation that may cause disease. Ducks and geese that are fed by people become dependent on that which can even cause problems with their migration. Mr. Kirk said that because people feed the ducks and geese they become tame. Over the years, there have been incidences where people have harmed the ducks and geese. There was a situation where some young teenagers sharpened a stick and jabbed a goose and then wildlife services had to help the goose. This ordinance not allowing the feeding of ducks and geese will be better for the parks and picnic areas. Councilmember Barnette asked what kind of penalty people would get if they are caught feeding the ducks and geese. Mr. Kirk said it would be a misdemeanor and the fine would be under $100. If a person is standing right ne�t to a sign feeding the geese, there is a chance they would get a ticket. This would be an educational tool to state it would be against the law to feed the waterfowl. FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 16 Fritz Knaak, City Attorney, said this would be a punishable misdemeanor which would be 90 days in jail or a$1,000 fine. It would be up to the City in terms of how it is enforced. Violation of this would be a crime and that would mean potential punishment. Mayor Lund said sometimes people get a warning but there would be potential for a citation. The City has tried other mechanisms like geese removal but the geese keep coming back, mate, breed and come back every year. Now that this has become a problem for the public's health and safety, something needs to be done. Councilmember Bolkcom asked for staff to define what food byproducts are before the second reading. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Report. Mayor Lund said Dr. Burns will be recognized by the League of Minnesota Cities and receive their Leadership Award. After 21 years of successfully managing the City it is well deserved. He congratulated Dr. Burns. Mayor Lund said this is Fridley `49er Days week This is the City's 45th annual city celebration. Please participate if you can and spread the word. Scott Hickok, Community Development Director, said the ne�t paper shredding event will be on July 11 from 9 a.m. until noon at the Municipal Center. Citizens can also purchase a rain barrel for $65 through the Recycle Minnesota Organization. The rain barrels can be reserved on line at www.recycleminnesota.org by July 27th. Because if is a region-wide event, the barrels can be picked up at the Minnetonka Public Works Building. Councilmember Varichak said she attended the Safety Camp graduation. 152 children signed up to participate and 147 attended. Everyone did a remarkable job with Safety Camp. She also looked at the landscaping project by Moore Lake and it looked great. She commended the businesses and HRA who participated in this effort. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:10 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor