05/24/2010 - 4971�
� CITY COUNCIL MEETING OF MAY 24, 2010
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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. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Recreation Summer ROCKS Program
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 10, 2010
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
1. Second Reading of an Ordinance Amending
Chapter 4 of the Fridley City Charter
Pertaining to Primary Elections ....................................................................... 1- 2
NEW BUSINESS:
2. Resolution Authorizing Final Changes in
Appropriations for the General Fund, Special
Revenue Funds, and the Capital Improvement
Fund for the Year Ended 2009 ........................................................................ 3- 6
FRIDLEY CITY COUNCIL MEETING OF MAY 24, 2010 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Resolution Appointing an Absentee Ballot
Board for the 2010 Election Cycle ................................................................... 7- 8
4. Resolution to Approve Amendment No. 2 to
Joint Powers Agreement Establishing the
Northstar Corridor Development Authority ...................................................... 9- 19
5. Claims (146119 — 146300) .............................................................................. 20 - 34
6. Licenses ....................................................................................................... 35 - 36
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
NEW BUSINESS:
7. Informal Status Reports .................................................................................. 37
ADJOURN.
CITY OF COUNCIL MEETING
CITY OF FRIDLEY
MAY 10, 2010
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
James Kosluchar, Public Works Director
Richard D. Pribyl, Finance Director/Treasurer
Jim Faulkner, Faulkner Construction, Inc.
Paul Bolin, Assistant HRA Director
PROCLAMATION :
National Police Week May 9-15, 2010
Peace Officers Memorial Day. May 15, 2010
Public Works Week May 16-22, 2010
PRESENTATION:
Presentation by Paul Bolin, Assistant HRA Director, on the Home Improvement Demonstration
Project at 831 Mississippi Street N.E.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Local Board of Appeal and Equalization Meeting of Apri126, 2010
Councilmember Bolkcom asked that she be listed as attending.
APPROVED AS CORRECTED.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 2
City Council Meeting of Apri126, 2010
THIS ITEM WAS REMOVED AND PLACED ON THE REGULAR AGENDA.
NEW BUSINESS:
1. First Reading of an Ordinance Amending Chapter 4 of the Fridley City Charter
Pertaining to Primary Elections.
William Burns, City Manager, stated the proposed Charter changes are in response to both
national and state legislation which requires that we allow 45 days for both military and overseas
voters to vote by absentee ballot.
Dr. Burns stated the state legislation moves the state primary from September to August. The
proposed Charter change establishes primary elections in accordance with Minnesota state law.
Other changes found in Section 4.08 of Chapter 4 pertain to revised dates for canvassing of both
primary and general elections. The Charter change was approved by the Charter Commission on
March 22. Council held their public hearing for the Charter change on April 26. Staff
recommends Council's approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE
ON FIRST READING.
2. Receive the Planning Commission Meeting Minutes of April 21, 2010.
RECEIVED.
3. Special Use Permit Request, SP #10-07, by Wesco Distribution, to Allow Limited
Outdoor Storage, Generally Located at 5151 Industrial Boulevard N.E. (Ward 3)
and
Resolution Approving Special Use Permit, SP #10-07 for Wesco Distribution, 5151
Industrial Boulevard N.E.
William W. Burns, City Manager, said Wesco Distribution is an electrical supply business that
would like to store PVC conduit, metal guide wire, and outdoor pad transformers in a 73-foot by
98-foot enclosed storage area in the rear yard of their property. The 73,154 square foot area is
well within the area allowed by the City Code. The area will be enclosed with an 8-foot chain
link fence with vinyl slats and three strands of barbwire on top. The owner will also be installing
six new pine trees around the exterior perimeter of the fence to provide additional screening.
The Planning Commission held a public hearing for this request on April 21, and unanimously
recommended approval.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 3
Staff recommends Council's approval subject to five stipulations, recommends Council adopt the
resolution.
APPROVED SPECIAL USE PERMIT REQUEST, SP #10-07 BY WESCO
DISTRIBUTION WITH THE FOLLOWING FIVE STIPULATIONS:
1. NO OUTDOOR STORAGE OTHER THAN THE PROPOSED ENCLOSED AREA
SHALL EXIST ON THE SITE WITHOUT AN ADDITIONAL SPECIAL USE
PERMIT BEING APPROVED.
2. THE PETITIONER SHALL SUBMIT STORMWATER DRAINAGE/PONDING
PLANS TO THE CITY'S ENGINEERING DEPARTMENT FOR REVIEW AND
APPROVAL WITH LAND ALTERATION PERMIT.
3. INSTALLATION OF NEW PINE TREES SHALL BE COMPLETED BY
OCTOBER 31, 2010.
4. THE TYPES OF MATERIALS STORED OUTSIDE SHALL BE REVIEWED BY
THE FIRE MARSHAL.
5. PER SECTION 205 OF THE FRIDLEY CITY CODE, THIS SPECIAL USE
PERMIT WILL BECOME NULL AND VOID ONE YEAR AFTER THE CITY
COUNCIL APPROVAL DATE IF WORK HAS NOT COMMENCED OR IF THE
PETITIONER HAS NOT PETITIONED THE CITY COUNCIL FOR AN
EXTENSION.
ADOPTED RESOLUTION NO. 2010-28 .
4. Receive Bids and Award Contract for the 2010 Water Main Rehabilitation Project
No. 391.
William Burns, City Manager, stated this project includes the replacement of 700 feet of 8-inch
line on Mississippi Street between Anoka Street and McKinley Street. It also includes
construction of a 350 section of new 6-inch water main from Seventh Street into Commons Park
to connect with the Commons sprinkler system. Six contractors responded to the City's request
for bids. Penn Contracting of Blaine was the low bidder at $127,968. The contractors were
allowed flexibility to select from approved methods and materials to provide the lowest possible
price.
Dr. Burns stated Penn Contracting plans to use pipe bursting for the work on Mississippi Street.
The process includes digging down to the section of pipe on both ends. They will then run a
cable through the pipe with a large head that has cutting wheels to break open the sides of the
existing cast iron pipe. The cable will also be used to pull 8-inch PVC pipe through the void left
by the pipe bursting process. The PVC pipe installation in Commons Park will be done by
horizontal directional drilling. Both processes are much less expensive than the more traditional
process of excavation.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 4
Dr. Burns stated the work was listed in our 2010 capital improvements plan. The bid price is 20
percent lower than our original project estimate. Staff recommends Council award the contract
to Penn Contracting Incorporated in the amount of $127,968.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Claims (145946 —146116).
THIS ITEM WAS REMOVED AND PLACED ON THE REGULAR AGENDA.
6. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
7. Estimates
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that the City Council meeting minutes and Item Nos. 4 and 7
be removed.
Pam Reynolds, 2141 Norton Avenue NE, asked that Item No. 5 be removed.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of the
City Council meeting minutes and Items Nos. 4, 5 and 7. 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 and Item Nos. 4, 5 and 7. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
No items presented.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 5
OLD BUSINESS:
8. Second Reading of an Ordinance Amending Chapter 30, Lawful Gambling, of the
Fridley City Code, Defining Licensed Organizations (Tabled Apri126, 2010).
Richard D. Pribyl, Finance Director, stated concerns were raised by Fridley organizations
wishing to conduct lawful gambling because they could not find an establishment in the City to
conduct gambling. A survey showed seven out of eight cities had local restrictions. The
suggested change is to be more restrictive by only allowing local organizations to conduct lawful
gambling. The change will also define what a licensed organization is and what requirements it
must meet. The ordinance suggests modifying the requirement regarding local lawful
expenditures and change the percentage from 50% to 75% expended in the trade area for lawful
purposes. The first reading of the ordinance was held on March 29. Staff mailed informational
letters to the local licensed liquor establishments and to the lawful gambling organizations. The
second reading of the ordinance was held at the Council meeting on April 12, at which time it
was tabled. The item was again tabled for further research at the meeting on Apri126, 2010.
Mr. Pribyl stated staff had modified the ordinance from the previous ordinance by requiring
local organizations wishing to conduct charitable gambling in the City to register with the City
Clerk's office annually. This would allow the City to see what local organizations want to do
charitable gambling; and, in the event there are no local organizations on file, the City Council
may waive the requirements in Section 3.02.1.B regarding the definition of local organizations.
Councilmember Bolkcom asked when an organization must register and if there was an
application.
Mr. Pribyl replied they had to call the City and let them know for the record. At this point in
time, the City has not defined any kind of paperwork that will be required.
Councilmember Bolkcom asked what the annual date was when the liquor licenses are up for
renewal.
Mr. Pribyl replied even if they had indication the day before the expiration of the liquor license,
that would be enough to actually put us on record so they would be aware. Just so they could
actually be involved in that renewal process for charitable gambling.
Mayor Lund stated there were four organizations that identified themselves at a previous
Council meeting. He would certainly be fine with just notifying those four of the outcome. At
that point, the City can tell them they should re-notify the City each year, annually, if they have
an interest. Our City Clerk, Deb Skogen, will then have an updated list of any and all
organizations.
Councilmember Bolkcom stated she understood what they are getting at. It is an ordinance
though and is not just for the four organizations right now. Supposedly this is an ordinance that
is going to go on forever. Maybe it makes more sense to actually say, "on or before a certain
date" than just "annually" so people are aware.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 6
Mr. Pribyl stated they could use "on or before" April 30, which is the expiration date of all the
City's other licenses.
Deb Skogen, City Clerk, stated staff sends out renewal packets for liquor licenses on February 1.
If they were going to do it, she suggested they do it at that time.
Councilmember Bolkcom replied it probably makes sense to do it before the actual license.
Would there be something telling an establishment that has an intoxicating liquor license that
people might be doing that so if they are interested in changing their lease or whatever that they
would be aware of it, too?
Ms. Skogen stated currently they keep a list of licensed organizations. Any time anybody wants
a list staff can provide that list. When they send out the liquor renewal packets, that is something
staff could provide to them.
Councilmember Bolkcom asked, recommend stating registered on or before February 1
annually or something like that.
Mayor Lund stated that is when the packets go out but the packets are due back Apri130.
Councilmember Bolkcom stated she is saying if an organization just did it by a certain date, by
February 1, then there is still that time. She asked Ms. Skogen if that is what she is suggesting?
Ms. Skogen replied, yes, because you still have to leave time in there if an establishment is
going to terminate a lease with an organization. She believed it is a 30-day termination notice.
Mayor Lund replied it is.
Councilmember Bolkcom stated she is totally confused about this whole thing. Attorney Knaak
thought they could do the whole thing by tying it to the liquor license. What they are saying is
any organization that is in an establishment right now gets to continue to do that at that
establishment as long as they have a lease and the establishment does not cancel their lease.
Mayor Lund stated or they lose their license that is issued by the State.
Councilmember Bolkcom stated but they will continue in that establishment as long as either
they choose or the organization chooses or the place that is running that property chooses to.
Mayor Lund stated the lessee or the lessor.
Councilmember Bolkcom stated or the establishment itself could lose its liquor license.
Mayor Lund replied certainly because if they lose their liquor license, he would assume that the
establishment is probably going to close their doors.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 7
Councilmember Bolkcom stated, right. Or if for some reason, that organization does not follow
the rules and loses their gaming license from the State, that would be another opportunity.
Mayor Lund replied, correct.
Councilmember Bolkcom stated but that is the only way an organization now in Fridley can get
into one of those places. Compared to before there was the sunset language.
Mr. Pribyl replied, that is true. As far as the State actually defining it and telling the City we
could not tie it to a sunset date.
Fritz Knaak, City Attorney, stated he does not agree with that; but the State can certainly take
that position and it is no problem for the City not to do that. Council does have different options
available. However, it really focuses on two different things: the State regulation of gambling
itself and your own regulation. The State ultimately has the final authority in gambling
regulations, and the City has a limited role.
Attorney Knaak stated the second part was the liquor license regulation where the City has
almost plenary authority to create and insist on certain qualifications for that license. The State
actually has very little authority. Looking at this in one of two ways, there the general
regulations the State has on gambling, which the City has a relatively small role to play in that.
Where the City has a lot of influence and authority, is with the requirements the City imposes on
a liquor license. Much of the restriction Council desires in order to supervise it better is actually
based upon the City's authority to regulate the liquor license. That is really what it comes down
to. For example, if a restaurant in Fridley did not do what they were supposed to in terms of
trying to find a local authority or somebody like that under this ordinance, the City would be
reviewing them, not under the gambling ordinance, but under their liquor license. That is the
fundamental basis for the City's authority of review for that restriction.
Mayor Lund stated he understood the distinction Attorney Knaak made. He said he spoke with
Alice Jacobs, the auditor for all charitable organizations in Anoka County. Additionally, he
contacted Tom Barrett, the director of the Charitable Gaming Commission. Absent a court
ruling, in both cases they felt it could leave the City open to a challenge. For instance, somebody
might challenge the proposed sunset. Even though the City sunsets it under its liquor license
control, it could be challenged if the State says they have a State license to operate.
Mayor Lund stated he brought this legislation forward in the beginning. He is happy with just
restricting it to future license people that want to get another site. If they are existing in Fridley
here already, they are in. Although it is site specific, if they want to get another license at
another site, they would have to fit the new requirements of being either an organization based in
Fridley or the waiver if no Fridley-based organization is willing or ready to get a charitable
gaming license site in Fridley.
Councilmember Bolkcom said she did not see how it helps the four organizations who have an
interest. She asked how other cities were doing it. Mayor Lund has the opinion from people
from the Gambling Control Board and Council has the City Attorney's opinion which are sort
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 8
going in two different directions. She is not sure how this is going to be helpful to some of those
community organizations who want to get in. It is going to be quite some time. That is what
was sort of nice about the sunset issue in tying it to the liquor license. There was a sunset there
so some of those organizations that did want to, they are still talking about two years because it
was 2012. Just because they get challenged does not mean that someone is going to sue them.
Attorney Knaak stated given the fact that these kinds of issues involve a lot of money, it is safe
to say that if somebody was aggrieved by a decision that would be the kind of environment
where you could anticipate a lawsuit.
Councilmember Bolkcom asked if it meant, a lawsuit with money as the final result or just that
the City would have to change the ordinance or change what it is doing.
Attorney Knaak was firm in his opinion the City is on very sound ground regulating and
restricting as it seems to want to do with or without the provision for the sunset in it. They are
on very firm ground doing the regulating via the liquor authority. He certainly understands
where the State is coming from, but it would be very inconvenient for them to allow cities to
have independent authority like this but they do. What Mayor Lund is proposing is legal.
Mayor Lund said he thought it was the least offensive way to do it. He thinks it still gets him
what he was hoping to achieve.
Councilmember Bolkcom stated it is not getting what they originally talked about. It does not
help some of those organizations that feel this is a good way to make some revenue for their
organization.
Councilmember Varichak stated they are just waiting forever until somebody decides to get
out.
Mayor Lund stated this all came about because they changed the law from a biannual license to
a perpetual one.
Councilmember Bolkcom said Councilmember Barnette expressed at the last Council meeting
that he was concerned about the organizations in Fridley and whether they fit the proposed
criteria.
Councilmember Barnette stated he was very much in favor of all the possibilities going to
Fridley organizations. He thinks the ordinance as it is written meets those criteria.
Mayor Lund asked which changes.
Councilmember Barnette replied he liked the redrafted ordinance that was handed out before
the meeting. He was opposed to the sunset date. His main goal was to give Fridley
organizations the best chance to raise money and spend it here in Fridley.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 9
Councilmember Bolkcom asked why he did not stay with the original one that gives a sunset
date.
Councilmember Barnette stated because he heard that was not legal.
Councilmember Bolkcom stated one was a legal opinion and one was an opinion from the
Gambling Control Board.
Councilmember Barnette stated he would go along with the Gambling Control Board.
Councilmember Bolkcom brought up the other issue related to the 75%. They have a letter
from Robert Mc Neill dated May 10, 2010, that shows they may not be meeting the criteria. The
letter does not really say what they want.
Councilmember Barnette stated at the last meeting, Mr. Mc Neil discussed the item of 75%
going locally. He knows the American Legion was talking about American Legion baseball and
how the money goes outside of Fridley, but it really comes back to Fridley, because the Fridley
kids are the ones playing the ball games. He thinks that would be appropriate and would be part
of the 75%.
MOTION by Councilmember Bolkcom to receive a letter dated May 10, 2010, from Robert Mc
Neil, Gambling Manager for Fridley American Legion Post 303, addressed to Mayor Lund.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom said the letter says that 22.3% goes into the trade area and an
additional 14.2% is donated to the foundation and 20% percent is paid to the City of Fridley in
taxes.
Mayor Lund said talked to Mr. Mc Neil and told him the City collects 3% in taxes, not 20%.
Mr. Mc Neil said it was tough for them to meet the 50%, let alone 75%. Also, the American
Legion operates the site and owns the property and has a little bit different distinction in what is
counted into their percentage. Property taxes can be added as an expense and can be counted
towards the contributions. In his discussions with the State, they said that all taxes except
payroll taxes can be included in the percentage. In the case of Fridley Lions they pay a fee to
rent the site.
Councilmember Bolkcom asked if they made 50% or 75%.
Mayor Lund stated it was not clear and they may technically already be in violation of the
City's 50% requirement.
Councilmember Bolkcom said at the first meeting, they stated they did not think they could
make the 75%.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 10
Jack Velin, 5105 Horizon Drive, stated regarding the letter, if they combine them all, it is way
over 50%. Their position is they do not want the 75% to affect their other programs outside the
trade area, such as the Airport Servicemen's Club at the airport, the Veterans' Home in Fergus
Falls, and the Veterans' Home in Minneapolis. He wished they could come up to their post
when they have those people there to eat. They take one ward at a time. They bring them to the
post with escorts and they get to pick from the menu. They have a good time. They get out of
the house and it is a chance for them to get away. The American Legion in Fridley has always
been there for Fridley. They have done everything they can financially to help the City of
Fridley. If you combine them all, the taxes, the $1,300 they put into law enforcement, those
build up to 50%; but they do not want to have another 25% taken away from their other
programs that benefit veterans. The charitable gambling is a good program, it has run good for
years and years.
Mayor Lund stated he certainly understands Mr. Mc Neil's original discussion at a previous
Council meeting. He said he did not want the increased percentage because he did not want it to
restrict their possible donations for veterans and soldiers. Under this new percentage, they would
still be allowed to have 25% of their donations going to the state organization or further. The
trade area is where you get almost all the monies from charitable gaming. Why shouldn't a
percentage of it go back into that trade area where all the money comes from. Quite frankly, the
idea is so that national or large charities do not come in and set up shop in any community with
restrictions, such as Fridley, Blaine, etc. Those that benefit should be those who put into buying
those pull tabs. That is the thought process for that percentage.
Mayor Lund stated several other communities have higher percentages. Blaine is 100%. This
all stems again from organizations in Fridley that cannot go outside of Fridley to get a site and
they would like to share in the opportunity of having charitable gaming. Fridley cannot go out to
those organizations. He knows Mr. Velin's issue is about the percentage.
Mr. Velin replied, they have no argument about the proposed ordinance. They are just concerned
about the additional 25%. They do donate an amount of money outside the trade area, and they
want to be able to continue those programs they feel are necessary and still make the
contributions to Fridley for everything that Fridley asks for.
Councilmember Bolkcom stated she did not think anyone is saying they are not doing good
work and not only in Fridley. She thinks they are trying to have organizations giving that money
back to the trade area. It sounds like they may not even be meeting the 50%. She is not saying
that every organization that has a gaming license is not doing good work, but some of the
organizations that want to are not able to because of the way our City Code is written.
Mr. Velin stated they have probably in the past exceeded the 50%. He is saying they do not
want to be forced to go the 75%. The 50% has worked fine for all these years.
Councilmember Bolkcom asked Mr. Knaak how many votes would be needed because this is a
second reading.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 11
Attorney Knaak replied it would have to be by consent, but it could also return as a first
reading. They could have it set on for a first reading again at which point it would be properly
amendable by a majority vote. However, if this is going to be the second reading, then you have
to have any modification of what is before them by consent meaning everybody has to agree.
Not for final passage but for an amendment of the language.
Mayor Lund asked and that is by law, not by parliamentary procedure.
Attorney Knaak replied, that is correct.
Bob Locker, 1601 Onondaga, stated the problem with the document that their gambling
manager sent out is that he tried to react quickly. He called the person who basically does their
audits and all their books and said, can you give me a list. The first problem is they do not know
what trade area means. The second problem is they donate to boys state, girls state, Fridley High
School, Totino-Grace, etc; but they have to send that money out. Throw away the letter. He
talked to the gambling manager tonight.
Mayor Lund stated he did talk to the gambling manager, and he brought this up. It was
discussed at the last meeting and is one of the reasons they continued it again. Find out if it is
even a problem from the Gambling Control Board. Find out from the Legion foundation if the
money is sent to St. Paul and how much reverts back to Fridley.
Mr. Locker they gave donations to Anoka County for the Fridley library.
Mayor Lund told Mr. Locker to be careful what he says on record because at the very least their
gambling manager must know what the trade area is as that is a must with the Gambling Control
Board. In this case, the trade area is Fridley and any of the cities that are contiguous to Fridley.
There are nine other cities. When Mr. Locker states he gave to Anoka County he does not really
think that is considered the trade area. If the money is funneled back down to the trade area, then
it is part of that contribution.
Mr. Locker said he did not understand why the City would want to tie gambling to a liquor
license because he is sure there are organizations that are doing gambling that do not have a
liquor license. Do the Lions have a liquor license?
Mayor Lund stated, no, but he cannot think of a single case where there are pull tabs in an
establishment that does not have a liquor license.
Mr. Locker stated if Frid Fans had a gambling license, would they have a liquor license?
Mayor Lund asked where would Frid Fans have their site.
Mr. Locker said they could it have in a building and have raffling and have a State gambling
license. He did not know what it had to do with liquor.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 12
Mayor Lund asked if he could give him a single case where there was a pull-tab operation that
was not operating in conjunction with a bar/restaurant that serves alcohol? No one that he can
see would build a building that would hold pull tabs or some other type of lawful gambling
without some other venue such as food, liquor, etc.
Mr. Locker stated gambling is a separate organization. It is not part of the license for the
business.
Stan Kowalski, VFW, stated when the City is proposing to raise the amount to 75%, the City is
keeping him from helping those people at the VA Home or the VA Hospital, regardless if they
are from Fridley or Oshkosh, Wisconsin. For the City to go after the VFW and the Legion for an
additional 25% to be spent directly here is kind of pushing them a little bit hard. He realized
what the City is trying to do. It is not a bad idea, but keep it to the people that come in from this
day forward and do not give it to them who have been there with them forever and a day.
Grandfather them in on the 50%. Also, give it to the Lions who have come along with them for
years. Do not tax them anymore on it. That is really what it is. It is a 25% more cost to them.
Mayor Lund said he wanted to make sure Mr. Kowalski clearly understood. First, the VA
Hospital is in Minneapolis, which is part of the trade area, therefore, it would not have any
bearing in that particular case. When he says the City is taking 25 percent more away from him,
that is also incorrect. It is not a tax imposed by the City. It is only saying they would need to
give 75% of their donations to the trade area. They could give all the money to Minneapolis or
to Brooklyn Center, for example. How they donate their money is up to them to decide and the
State Gambling Control Board to decide what is lawful purpose.
Mr. Kowalski stated what they need then is a clearer explanation.
Mayor Lund stated the City is not trying to impose any taxation on the VFW or any
organization and trying to restrict them to spend their dollars more in Fridley. What he is trying
to do for Fridley organizations is to have the ability to have a gaming site in Fridley. Much like
the restrictions already in other communities. He said free market/enterprise should prevail, but
it is not likely he is going to convince the other six or seven communities in the area to remove
their restriction. He thinks it is only fair Fridley is on a fair and level playing field. The City is
not trying to tell them where to spend their donations. That is up to them and the Gambling
Control Board. They can give all their money to the trade area. Our percentage is on the low
side. For example, say the Epilepsy Foundation came in here and maybe they are based in New
York City. If those restrictions were not set in place, they could set up shop, pay their rent at
Broadway Pizza, and all the money they get could go to benefit the organization in New York
City. Many cities have imposed, and by law they can, a percentage that has to go to the trade
area.
Mr. Kowalski stated he now understands. It is still his opinion and he is voicing the opinion of
a lot of vets, to keep them at the 50%. Anybody else that comes in from this day forward, let
them go at 75%. This is what they should have for being loyal to the City. When gambling was
good, hundreds of thousands of dollars went into this area to help.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 13
Mayor Lund asked Attorney Knaak to respond to any problems with doing this.
Attorney Knaak replied the problem is you cannot start making distinctions between classes of
people or organizations. The City does have a certain amount of that in the City's liquor
regulation where you have internal organizations, such as the veterans organizations are one
category and they tend to be regulated he believed under a separate chapter and a separate
regulation for others which is permitted. Again, the City has flexibility when you are talking
about regulating things through the liquor laws. However, in terms of just regulating the actual
license for charitable gambling, making a distinction between one or the other would cause the
City a problem. That is a situation where he does think they would be challenged by some other
organizations if they allowed the veterans 50% and they had to do 75%. If the City was
challenged, in all likelihood, they would not be successful in upholding that distinction.
Councilmember Bolkcom asked when Mr. Donohue mentioned about making an exception for
the schools, would that be a similar situation. They spent the money in the school districts even
though they did not meet the regulations of having a membership in our community.
Attorney Knaak stated the law is actually pretty clear in terms of where you are allowed to
impose restrictions and that has to do with basically contiguous communities. School districts as
such are not identified that way.
Councilmember Barnette asked Mr. Kowalski who is their gambling manager?
Mr. Kowalski replied Stan Lowinski.
Councilmember Barnette asked Mr. Kowalski if he could ask him to figure out their percentage
using those nine contiguous communities. They have a lot of money going out to the Vets
Hospital. That qualifies.
Mr. Kowalski stated a lot of this is going to be changed because there is a new commander
coming in July 1 and that is his decision.
Don Watson, VFW member, stated they understand some of the points Council brought up. He
said they are not concerned about where the money comes from. The only money they keep is
for expenses. There are 160 organizations in the United States that send them requests for
donations on a constant basis. They do all of their donations basically by request and they have
never basically denied anybody. He understands the idea of raising the expenditure rate to 75%.
Because another city is doing 85% or 100%, does that mean we have to do that also? Maybe
they are wrong and we might be right. Does the City dictate to any church in the neighborhood
what they do with their money or who they give to? It does not, and he does not think there is
any reason for the City to be doing it to them.
Mayor Lund stated it has never been his intent to try and aid others in this community who are
not happy with the amounts of money that they might be getting from charitable organizations.
It is not his intent and it is not his place to tell charitable organizations where they can give their
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 14
money. In his mind that is an incorrect statement. They can go anywhere they want in the trade
area.
Mr. Watson replied, he thinks Council should go to 25% because he thinks this ordinance is
completely wrong.
Mayor Lund stated that is a personal opinion.
Mr. Watson stated he understands the idea of an outside group coming in and running
collections and leaving all together. We have neighborhood associations running these. The
City can control this through licensing better than the 50/75 idea. They can control who comes
into the City. The idea of going after the money issue and leveling it off in different areas is
completely wrong, and he thinks that is something the City should look at.
Shawn Donohue, Spring Lake Park Lions, stated he has a couple of things to say.
Mayor Lund stated to Mr. Donohue there is something in tonight's change saying that the
exception of the waiver that the Lions have been after is in here.
Mr. Donohue stated he just wanted to clarify the waiver was in the proposed ordinance.
Mayor Lund replied that depends on the final amendment. The verbiage in their packet had the
sunset. Therefore, the word is that with the sunset or if you did get a charitable gaming license
and we tie it to the license, you could lose that site a year from now if an organization from
Fridley comes forward in the interim and so when the liquor license renews annually, on or
before April 30 of each year, you could be out. Under the new proposed language, after he
discussed it with the Gambling Control Board somewhat in deference to our legal opinion, the
City could go either way. His suggestion was those already here are not sunsetted and if in the
future organizations are granted the waiver, they would be in until such time as they lose their
license from the Gambling Control Board or it was pulled, suspended, etc., or if the lessor or
lessee at the site location terminates the lease. That is the information he got from the State.
Councilmember Bolkcom stated (D) is still in the one that is in their packet related to that the
City may waive the requirements if there is any organization that did not qualify if there was not
an organization that did qualify. Whether you go with the one in the packet or yours, they are
both in there.
Mayor Lund stated in the language proposed in their packet, if you have a license it could be
revoked as tied to the liquor license. A Fridley-based organization could then go in. If we take
the new language presented just before the meeting, it does not have the sunset clause.
Councilmember Bolkcom replied, yes, it is the very same one, (D) and (D). It is still in there.
Mayor Lund stated the new language is "in the event that the premise's permit is terminated by
the owner of an establishment or an organization; or a new establishment wishes to have lawful
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 15
gambling conducted in their establishment; the owner of the establishment must first look for a
qualifying organization as defined in this section."
Councilmember Bolkcom stated it is different verbiage but it is (D) and (E) and a combination
of (D) and (E) in the one that was handed out.
Ms. Skogen stated the ordinance handed out prior to the meeting deleted the sunset clause and
now would require qualifying interested City organizations to contact the City Clerk's office
annually by on or before February 1. In (D), this is a new paragraph stating, in the event a
premise permit is terminated by the owner of an establishment or the organization or new
establishment wishes to have lawful gambling, they must first look at the qualifying
organization. Paragraph (E) is the same as it was for (D) before except that staff removed at the
very bottom, "until such time as the qualifying organization may be found." If Council does
adopt the ordinance this evening, they have a first reading of Chapter 603 which would be an
amendment to the liquor license.
Councilmember Bolkcom stated a portion of paragraph (D) was taken out and part of it is in
(E). It still gives them an option.
Ms. Skogen stated basically (E) states that the establishment needs to seek a qualifying
organization and if they cannot find one, the City Council may waive the requirements and allow
a non-qualifying organization to conduct gambling.
Mayor Lund stated the waiver is still in there.
Councilmember Bolkcom stated yes.
Mayor Lund stated it does take out the second part of (E) saying we can remove their license.
Ms. Skogen stated that would be found under the liquor code, the charitable gambling
endorsement of the liquor license.
Mr. Donohue stated even though they do not have a current location in the City of Fridley, they
do have the school district they help a lot. They do business in the City of Fridley. They have a
program in our school district which reaches up to 242 in Blaine. Any child in that school
district who needs glasses who cannot afford them, they send them to a Fridley doctor. Also,
they have a Sunshine Committee in their Club. Anybody who passes away or is in the hospital,
there are certain criteria, they send them flowers and memorials and that also comes from a
Fridley business. Those are things that may be affected also.
Mr. Locker stated they should split this into two parts. The increase in the percentage as one
part and the other part on who should have a gambling license. People who come into the
Legion and the VFW do not really understand what this is all about.
Mayor Lund stated this is the fourth meeting they have had regarding this.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 16
Mr. Locker stated he thinks there needs to be more clarity so people can really understand what
is going on. His only understanding is there are some organizations that want to get into the
gambling, and they are not getting the donations that they would like and need to maintain their
programs. For those organizations that have been supporting Fridley for all these years, sure
maybe some are outside or a spin-off of an inside organization, he can see they have a problem.
It may take time to actually solve it the way they want it or the way the City wants it. He does
not believe the general population really knows what is going on and why it is being done.
Mayor Lund stated the latest ordinance is the one he is going to have to go with. He really does
not have an issue with leaving it at the 50%. It is a misconception, not the reality, that he is not
trying to restrict how they donate their money. As long as it is lawful purpose, the City staff
does not have control or say on that. They have to deal under their license with the Gambling
Control Board on what they spend their money for and that is for lawful purposes. He is not
trying to get more of their donating dollars. It has never been his intent. His intent was strictly
because other communities around Fridley have these restrictions and Fridley does not. If they
could simply go out to another community and at least go and apply for one, he would say, fine,
let it go to free market/enterprise. He is having a hard time just trying to get things done in
Fridley, let alone trying to convince six or seven other communities to remove that restriction.
Councilmember Bolkcom stated she will not vote for the second reading of this amendment,
and they need five votes. She would like to go back to a first reading. She does not think the
Mayor is getting what he originally asked for with the ordinance that was handed out to them
tonight. This is totally different than what they talked about at their last meeting. It is going to
be a long time for those four or five organizations that want to get a gaming license in Fridley to
get one in our City.
Mayor Lund asked if she would be okay with the changes that were made in the one in their
packet.
Councilmember Bolkcom replied, yes.
Mayor Lund asked what about the 50% vs. the 75%.
Councilmember Bolkcom replied she will go back to 50%. It concerns her that some of these
organizations do not even know if they are spending 50%. It makes it hard for her to decide.
Councilmember Barnette stated he is really kind of baffled. The 50% seems reasonable. First
of all they are voting it has to be a Fridley organization. That is defined as one-third of its
members have a Fridley address or the business has a Fridley address. Are we all in agreement
to that?
Mayor Lund replied, that has not changed.
Councilmember Barnette stated and they are making a proposal to change to 75% rather than
50% the amount that must be spent in the trade area, which is the nine contiguous cities to
Fridley and includes Minneapolis.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 17
Mayor Lund asked Councilmember Barnette if he was okay with leaving it at 50 percent.
Councilmember Barnette replied, yes, he would be. If no Fridley organization is available, that
rule can be waived, and then they could give that to an outside agency with no sunset. In other
words, once they are in, they are in. There would be no sunset. If the Spring Lake Lions came
in and got a place, they would be there until that liquor license is gone.
Mayor Lund stated for clarity purposes, under State guidelines, the license does not renew
biannually, it is perpetual. Attorney Knaak says they can still attach it to the liquor license where
they clearly have a lot of latitude.
Councilmember Bolkcom stated the whole thing behind that is then you are really not changing
what is already there.
Councilmember Barnette stated, for example, the Fridley Foundation is an organization trying
to get organized as an endowment fund to raise money for Fridley schools. One of the ways to
raise this money is to have a pull-tab operation. Mr. Myhra has done a lot of study on that and
found out that is quite an extensive project, and you almost have to hire a separate company to
do that. He thinks the Fridley Foundation is probably not going to pursue that. If there is not a
Fridley organization, then we as the Council have the right to waive that rule and allow an
outside group to come in. He has no problem with that.
Mayor Lund asked how he felt about the sunset. Should it be attached to the liquor license or
perpetual with the gambling license?
Councilmember Barnette replied he is hearing two sides to that.
Councilmember Varichak stated in both situations there are good things and bad things. She
agrees with leaving it at 50%. She is torn between the sunset and the perpetual amount of time.
She does not think it should be tied to the liquor license.
Mayor Lund stated so she thinks there should not be a sunset then. Would she vote for the new
one?
Councilmember Bolkcom asked why she did not want it should be tied to the liquor license.
Councilmember Varichak stated there could potentially be more restaurants opening up that
those people could apply for doing the charitable gambling. The other organizations that do
come into Fridley give money to Fridley and its trade area. There are other places that will either
close or reopen and she thinks there will be an opportunity for those Fridley organizations that
are on the list to come into Fridley.
Councilmember Saefke stated he has no problem with the 50%. He tends to agree with
Councilmember Bolkcom's position that we have the sunset in there. It seems to him that the
whole impetus behind even looking at this ordinance was to allow Fridley organizations to get
their feet wet in Fridley establishments. From what he understands from the past four
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 18
discussions is that charitable gambling is not as easy an endeavor as some people might think as
far as hiring capable people to run the operation. As they heard tonight from their veterans
organizations, they have actually subcommittees to deal just with charitable gambling within
their organizations as far as spending and so forth. Even though there is a sunset here, come
2012, Fridley organizations that are willing to undertake this operation will have first crack and,
if there are none, then we still have the exception in there to allow others in there.
Mayor Lund stated he agreed with both of them to a point. The thing he does not like about the
sunset is simply the fact that you give it somebody and then a year later, tied with the annual
liquor license, it changes.
Councilmember Bolkcom stated, but it could be yanked out by the restaurant, right?
Mayor Lund stated because they will not be getting any consensus tonight, how would they
revert this back to a first reading?
Attorney Knaak stated they would do it by motion. He does not want this to seem like some
bizarre technicality. In a legislative proceeding, such as what they are in right now, embodies
what they have by Charter, the required more than one reading. The purpose of the first reading
is to actually examine for the first time, and make any necessary amendments, have debate about
the language. The purpose for the final reading which is in their case the second reading, is for
the amended version to be out there, published, and then just take simple final action on that.
The reason why there is an allowance in these procedures for situations where you have a
consensus is to usually correct errors of relatively minor things that everybody can agree to. The
way it is suppose to work is by what is called a working session is the session in this particular
case would be the first reading. If it is not ready, then the appropriate motion would be to put it
back on the table for a first reading and have discussion, especially if they think there is going to
be a 4-1 or a 3-2 vote.
Councilmember Bolkcom said they just ignore the second reading and make a motion to go
back to a first reading.
Attorney Knaak replied, yes. This is the first time he has seen this in City Council for about 20
years to have the matter revert for a first reading. What that basically means is they are putting it
back on the agenda to work on it and amend it.
MOTION by Councilmember Bolkcom to revert back the Second Reading of an Ordinance
Amending Chapter 30, Lawful Gambling, of the Fridley City Code, Defining Licensed
Organizations. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom stated she was thinking they go back to the one that is in the packet.
What she was hoping to do is use the one in the packet and then add the part of (C) and bring
those two combinations back together. It would be Section (C) that is on the one handed out
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 19
related to qualifying interested organizations wishing to conduct. .. and add "on or before April 1,
2010." If staff could at least put that in there so Council can also discuss that.
Councilmember Varichak asked whether she meant February 1?
Councilmember Bolkcom replied, yes, on or before February 1 and annually.
Ms. Skogen stated just to clarify, Council would like the changes by the agenda plus (C)?
Councilmember Bolkcom stated she thought that was part of the discussion.
Ms. Skogen asked, and then take out the 75%.
Mayor Lund stated that is about the only thing they have consensus on. The other things are
going to be up for debate.
Attorney Knaak stated it is a practical question in the sense that they are looking for what
language would be the basis for what is in the agenda. What he would suggest and what they
should anticipate is that it be what was in the agenda packet today and that amendments and
discussions arguing amendments should be based on that language. He thinks what staff is
suggesting is what will be the base document, in other words, what will the first reading be based
on. He recommended they just use what is in the packet at this time.
Mayor Lund stated the basis is the information that was prepared in the packet. The
amendments would be most likely the information that was submitted late this afternoon.
Ms. Skogen asked so it would be the whole thing for discussion.
Attorney Knaak stated the amendments would have to be separately prepared, but the base
documents for the first reading would be what is in the packet.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
9. First Reading of an Ordinance Amending the Fridley City Code, Chapter 603,
Intoxicating Liquor, Pertaining to Section 603.25, Gambling Endorsement.
MOTION by Councilmember Bolkcom to table this item. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 20
10. Approve Master Plan Amendment, MP #10-01, by Jim Faulkner of Faulkner
Construction, Inc., to Allow the Construction of an Assisted Living Facility on Two
Vacant Lots, Generally Located at 6352 Central Avenue and 1271 East Moore Lake
Drive N.E. (Ward 2).
and
Resolution Approving Master Plan Amendment, M.P. #10-01, Faulkner
Construction, for the Purpose of Constructing a Senior Assisted Living and Memory
Care Facility, generally Located at 6352 Central Avenue and 1271 East Moore Lake
Drive N.E.
Scott Hickok, Community Development Director, stated petitioner is requesting a master plan
amendment for properties located at 6352 Central Avenue and 1271 East Moore Lake Drive NE
which are currently owned by the City's Housing and Redevelopment Authority. In 2004, Town
Centre Development was granted a rezoning for the west side of Central Avenue between
Mississippi Street and East Moore Lake Drive to S-2 Redevelopment District. The purpose of
rezoning the entire block was to avoid spot zoning and to achieve one of the goals from the 1998
Comprehensive Plan which was to consider redevelopment opportunities of the properties on
Central Avenue between Rice Creek Road and Mississippi Street.
Mr. Hickok stated when any property is rezoned to S-2, it requires that the accompanying site
plan become the master plan for the site. Once the rezoning is approved by the City Council, any
modifications that originally approved the master plan, would require a master plan amendment.
These properties were not part of the site plan that was originally approved with the 2004
rezoning because that site plan was specifically for the Sandee's and then Tamarisk site.
Because the subject properties are zoned S-2, any changes to the property requires review and
approval by the Planning Commission and the City Council.
Mr. Hickok stated the petitioner is proposing to redevelop the subject properties with a two-
phase project. Phase I will include a 25,584-square foot building and will house 40 units of
assisted living and memory care located on the property along Central Avenue; 18 seniors will
reside in the assisted living wing, and 22 seniors will reside in the memory care wing. Each
wing will have a dining and leisure-time space as well as support services such as office space,
common toilet rooms with showers and personal care and laundry.
Mr. Hickok stated Phase II will be located on the East Moore Lake property and will be
connected through a heated breezeway. It is a 10,126-square foot building which would include
19 additional memory care residential rooms. Dining for the residents would be within this
building and food would be prepared in the Phase I kitchen. Construction for the Phase II project
will depend on the occupancy level of Phase I. The size of the units in Phase I are between 299
square feet and 452 square feet. In Phase II will consist of the 299 square foot units only.
Mr. Hickok stated the buildings will each be one story with pitched roofs, composite lap siding
and stone veneer. The proposed Phase I project area is 1.5 acres in size. The 25,584-square foot
building will take up about 39 percent of that site. The project area for Phase II is .86 acres in
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 21
size. There will be a 10,126-square foot building that will take up 27 percent of that lot. Our
rezoning standards allow up to 20 percent of lot coverage for the main buildings and not more
than 30 percent of the building in accessory structures. G1 zoning standards allow 40 percent
lot coverage for one-story buildings. Since the two buildings will be connected to one another,
staff will require that the lots be combined prior to building permit approval. Once the lots have
been combined, the total coverage for the entire project will be 34 percent. Because an S-2
zoning allows some flexibility for redevelopment projects, staff is comfortable with this lot
coverage proposed by the petitioner provided they can still properly manage their storm water
runoff on-site.
Mr. Hickok stated City Code would require 20 parking stalls for Phase I and 10 parking stalls
for Phase II based on the parking ratios used for assisted living facilities and nursing homes. The
petitioner is providing 21 parking stalls in Phase I and 10 in Phase II; therefore, he meets and
exceeds that by one stall.
Mr. Hickok stated the petitioner had a market study done, and it indicates a substantial need
within the community for this type of housing. As a result, petitioner is coming to the City with
this proposed project. The petitioner has indicated that there are very few residents within
assisted living facilities who have vehicles. Staff learned last year, based on a study by Select
Senior Living that, according to ITE manuals, studies have shown that less than 5 percent of
residents in an assisted living facility own their vehicles and, if they do, they are rarely driving.
Employees, visitors, and delivery trucks make up the majority of the trips. The ITE manual also
points out that the peak hour generally does not coincide with the peak hour of the adj acent street
traffic. This is primarily related to the shifts of the employees beginning at 7, 3, and 11. Typical
peak hours for most roadways are between 6 a.m. and 7 a.m. and between 3 p.m. and 4 p.m. The
proposed Phase 1 and II projects will include 59 total units which should overall generate very
little traffic.
Mr. Hickok stated with any development, the City requires the petitioner submit a Code-
compliant landscape plan. The petitioner has submitted that plan which shows the installation of
40 new trees on the Central Avenue lot and 21 new trees on the East Moore Lake Drive lot. In
addition to the trees, shrubs and perennial plants are planned for installation on both of the
properties. It should be pointed out that all of the existing trees on this site will be removed for
soil correction.
Mr. Hickok stated it is estimated that 13 feet of soil will need to be removed from both sites and
new clean engineered soil will be hauled in at a cost of no less than $500,000. The petitioner has
received a letter from Rice Creek Watershed District and hired a wetland expert to prepare
wetland delineation as required by the Watershed. There are two suspect wetland areas on the
site. One is 600 square feet and the other is 400 square feet. The threshold for mitigation is any
impact to wetland over 5,000 square feet in area. Mr. Faulkner has submitted his consultant's
report to the Watershed and has had the areas properly staked and delineated as required by the
Watershed District and has moved on to meet all other requirements defined in the Watershed
District's letter. The size of the delineated areas of wetland combined comprise one-fifth of the
area required for mitigation, so it is not anticipated that these areas will impact the proj ect.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 22
Mr. Hickok stated the Planning Commission held its public hearing for this project on Apri121,
2010. They unanimously recommended approval of the request with sixteen stipulations. Staff
recommends concurrence with the Planning Commission.
Councilmember Varichak asked when the HRA purchased the land, they did not have to do
any soil borings or any cleanup of the soil until a person came forward to make a bid on the site,
correct?
Mr. Hickok replied, the HRA was aware of the organic soil conditions there. They were not
required by any sort of mandate from another agency to do anything about that. What mandates
that you do that is if you are going to put a building on it.
Councilmember Varichak asked if the units will be owned or rented.
Mr. Hickok replied, rented.
Councilmember Varichak asked what the difference was between the 452 square foot unit and
the 299 square foot unit?
Mr. Hickok replied there are a couple of different types of units. There are assisted living where
you have higher functioning and then the memory care which as a more restricted residency
about it. He would imagine the size has to do with the activities and the type of residence it is.
Councilmember Varichak stated she lives in that area and is concerned about the traffic. She
does not know if there is enough room in that area to make the turns and get into the facility with
the ongoing traffic coming the other way. She is really concerned with the visitors, workers,
etc., coming out and if they have to turn going north vs. south.
Mr. Hickok replied through the studies and the analysis that have been done and also on a
personal perspective since he lives next to another one of the petitioner's developments and can
see on a daily basis the activity that happens, you do not see vehicles owned by the residents
there. You do see delivery vehicles more often and you see staff coming and going. When he
looks at the parking lot, but for a few staff cars, there is no activity. You will probably see more
empty parking stalls than those occupied on any given day. As far as the peaks go, as the
presentation said, they are peaks that are not at the time in the morning or afternoon when we
have the other peak roadway demands.
Councilmember Varichak asked so even with school in session and the buses, because the
buses start out fairly early to pick up the kids to go to school, he does not see that as a potential
problem.
Mr. Hickok replied, no. It would be like people dropping off their vehicles to be worked on at
Ziebart. That is about the trickle you will see.
Councilmember Varichak asked do the delivery trucks come in the front door or is there a back
door where they bring all their deliveries.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 23
Mr. Hickok replied, there is a loop in the front. It is the only way to get in.
Councilmember Varichak stated in the landscaping plan and storm water management plan, is
there going to be ponding on the site? How will the water get away from the buildings?
Mr. Hickok replied, the petitioner has worked with Mr. Kosluchar and his engineering staff.
Mr. Kosluchar, Public Works Director, said there are two fairly large filtration basins that are
planned. He believed one is on each site, and there is some additional tenuation locally for the
site. One of the items they have been discussing with the developer's designer is retention of the
off-site runoff and changes to the grades in that lot. There are some things they have to work out
but basically the project they presented for their on-site consideration is fairly good. Rice Creek
also will be reviewing the plan from the storm water perspective.
Councilmember Varichak stated it does look like it is pretty compact with hardly any room for
expansion. Could it potentially be like the Alma School where the water retention might be
under the ground as well?
Mr. Kosluchar replied, no, they are not proposing anything underground. The filtration basins
they have there seem to accommodate the runoff. One of the things to consider are the parking
lots are fairly modest in size compared to the size acreage which helps quite a bit. There is not a
lot of impervious surface.
Councilmember Varichak asked if it will run onto Central Avenue.
Mr. Kosluchar replied, actually the drainage is contained on the site, and he believes it is routed
to the west and then south of Moore Lake.
Mayor Lund stated and any site build up is already well-documented in there that the engineer
determines what is the flow of water coming off that site now, and it has to be the same after all
the impervious surface is created. He does not see it on the drawing. There is the impervious
building, a roof, and then some asphalt parking lot. However, these are not designed to show
where the water would be retained.
Mr. Kosluchar stated there a different set of plan sheets for utilities and storm water, etc. Just
from looking at this particular building, on the storm water plan sheet there is some retention in
the island area in the center. However, that is not one of the main ponds. Between that loop and
the building and Central Avenue there is kind of a triangle which is one of the two ponding areas
and then the other one is southwest of the building.
Councilmember Varichak asked whether any of the neighbors have said anything, including
Ziebart.
Mr. Hickok stated he thinks Ziebart and the petitioner have had a discussion. He did receive a
call from a resident on 61st Avenue who was watching the Mississippi and other two projects that
we had and asked how this one relates in terms of its size/scale/number of stories, etc. The
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 24
resident seemed pleased with the fact it one story, the number of units seemed to match the size
of this site, and the small number of parking spaces that would take to accommodate this.
Councilmember Saefke stated he had a resident who lived on 64th Avenue ask him the same
kinds of questions about how high the building would be. The resident was very pleased it
would be one story. The other concern was the trees, but once they find out how many trees are
going to be planted he thinks they will be very pleased with that also. From the comments he has
received, people are generally pleased with not only the architecture but the type of development,
because there is a great need for it.
Mr. Hickok stated the one nice about this is there really are trees there that are not of great value
other than their mass. There are Cottonwoods in there, messy trees and frankly quite dangerous
trees as they get older. With the high winds we are accustomed to in Fridley, the nice thing is
once the landscape plan goes in, the trees will not be scrub trees but instead much more
significant trees that will add beauty and will be able to be sustained on that site. He thinks they
are going to see some real value in the landscape plan that probably brings hardier trees and a
better stock to the neighborhood.
Councilmember Bolkcom asked whether this property right now is S-2?
Mr. Hickok replied, yes, it is.
Councilmember Bolkcom asked so there is no issue related to rezoning, but it is basically in
front of them because it is a master plan and it is in the Comprehensive Plan they just adopted as
an S-2, correct?
Mr. Hickok replied, yes, it is.
Councilmember Bolkcom asked and there has not been a public hearing so in reality how
would the neighbors even know about this?
Mr. Hickok stated the rezoning required a public hearing. The sale of land which occurred at
the HRA on the 6th of this month required a"general notice" public hearing which means that it
did not give notice to those 350 feet around the property. It did require the newspaper
announcement.
Councilmember Bolkcom asked right now do they know whether the Rice Creek Watershed
has approved the drainage plan yet?
Mr. Kosluchar replied, no, he is not aware of that.
Councilmember Bolkcom asked if it would be fair to say related to the drainage that with all
this soil correction that there be a better drainage here?
Mr. Kosluchar replied, maybe. It is hard to say. This site as developed will be so different
from what is its natural state. He thinks there are still some things to be worked out with the
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 25
drainage especially towards the off-site area to ensure that we not going to adversely affect any
other properties. However, generally those are going to be the same things that Rice Creek is
going to require. He does not know if the soils are going to have much to do with improving the
drainage.
Councilmember Bolkcom stated right now there are two lots, and the requirement is that they
put the two lots together. Part of this whole plan and the change to the master plan amendment is
related to the two of them becoming one lot and the coverage, what guarantee do we have that
the second development would actually happen? Could they turn around and ask that the master
plan be changed? Would that come back before Council?
Mr. Hickok replied, the combining of the lots does cause them to have to stick to the master
plan they are proposing right now. It is better for them. They will get one tax statement. Also,
in the event they decide in the future, for example, the market changes and the 19 additional
units are not needed and they wanted to sever that off, they would need to go through the platting
process. Not only would they need to revisit the master plan with Council, but they would also
have to go through a platting process in order to do that. He thinks that $500,000 in soil
corrections says that they want to put that into the site because they are doing it all at once. It
makes no sense for them to do Phase I soil correction and then Phase II. That is kind of a
guarantee also. They have quite an investment there.
Councilmember Varichak stated she is concerned they now have another plan to approve.
Mr. Hickok stated they have reasons for that concern. The other projects had to do with
externalities the City could not control. This one on the other hand is going to get built.
Jim Faulkner, Faulkner Construction, stated he is an architect by training. A commercial
contractor and real estate developer. He has been in business for a little over 30 years and done a
pretty wide variety of projects. He had the opportunity 5'/z years ago to get involved in assisted
living that he designed and constructed and was part owner in Hugo, Minnesota, and
subsequently went on to build and own facilities in Blaine on Central Avenue, White Bear Lake,
Maplewood, and North Branch. Also a facility which he does not own up in Hinckley,
Minnesota.
Mr. Faulkner stated as part of their real estate development and ownership, he has gotten to
know the business very well. He owns and manages retail and office warehouse in a variety of
different projects. What he particularly enjoys about the development part of the assisted living
is the care they provide for the seniors and the ultimate demand. There are some great questions
tonight by Council, and he really appreciates that they have thought about this.
Mr. Faulkner stated staff has been wonderfuL Mr. Hickok, Ms. Stromberg, Mr. Casserly and
Mr. Bolin especially in helping them. He is very appreciative of their hard work They have a
few things to work out with the Rice Creek Watershed District. They have completed a wetland
survey, and they also received a letter from the engineers for the Watershed District that had
about a dozen items on those. They have all been answered, and submitted to the Watershed
District and their engineers. They have a June meeting/final hearing on the Watershed District
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 26
status. The wetland is consequential as they found from their wetland engineer. He thinks they
are in really good shape with respect to their site development and their civil engineering.
Mr. Faulkner stated it is a very complicated site. They discovered a major City sewer line
going across the site that they have worked around. In addition to the dollars they are spending
for the soil correction, they are also spending in the neighborhood of $150,000 for both private
utility infrastructure and reconstruction of some public infrastructure. They found that maybe
the work that was done a long time ago was done in some bad soil and fortunately, because they
are going to correct both sites which will become one site, anything that is happening with the
existing sanitary public sewer on the site will be reconstructed to current engineering standards.
They are happy about that because they are also connecting into it so they want it to work well.
Mr. Faulkner stated parking and exiting are always a serious concern. In site selection they
certainly look at that because they do have relatives of their residents in the community coming
and quite often they tend to be more on the senior side. They want to make sure that they have
safe access in and out of the site. This site works very well for that. Currently they have 201
residents in their facilities, and none of them have a car or driver's license. It is highly unlikely
they will ever have a resident who will have a car. In fact they will not accept anybody who is at
that level and able to drive simply because financially, it is expensive to live there. If they are
that ambulatory they can generally live in a senior apartment.
Mr. Faulkner they have a very experienced operator that currently runs 23 facilities and has
about 5 years' experience with them. They are working with Anoka County. One of the things
they were able to do in the design and development of this project was provide more spaces that
the County can use and have than the traditional development. They are a"for profit"
organization, and they do look to have the County participate in creating a resident base that they
really like.
Mr. Faulkner stated regarding the room size, as they build the facilities, they get feedback.
Interestingly enough they did have a fairly extensive market study done. There is currently a
need for well over 75 both combined memory and assisted rooms. By 2012, that goes to 90 and
that is right here in Fridley. It does not count other areas that they could draw from. The reality
is they will max out and, as they have in other facilities, there will probably be a waiting list.
Mr. Faulkner stated they have tried to find the most efficient rooms that work as far as the
allocation of their resources on square footage. The room sizes are perhaps a little larger than
some of their other facilities because they have just found that the residents are sometimes
needing a little more space. They do have several units that have a second bedroom. The
primary difference between assisted living and memory care is there are showers. He believes
they have met all of the City requirements as they have gone through the process as far as the
planning standards and the master plan.
Councilmember Barnette asked if the rooms had toilet facilities.
Mr. Faulkner replied they do. Every room has a sink and a toilet. The common area has large
showers in them so staff can assist with the showering. Those are also the public bathrooms, too.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 27
Councilmember Varichak asked if he had any problems with the 16 stipulations.
Mr. Faulkner replied no, they are fine.
MOTION by Councilmember Varichak to approve the Master Plan Amendment, MP #10-01, by
Jim Faulkner of Faulkner Construction, Inc., to allow the construction of an assisted living
facility on two vacant lots, generally located at 6352 Central Avenue and 1271 East Moore Lake
Drive N.E. (Ward 2) with the following sixteen stipulations:
1. The property shall be developed in accordance with the architectural site plan A1 dated
May 4, 2010.
2. The building elevations shall be constructed in accordance with architectural plan A3.1,
A3.2, titled Exterior Elevations, dated May 4, 2010.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all Building code, Fire code, and ADA requirements.
5. The petitioner shall ensure that the proposed monument sign is 10 ft. from the property
line and driveway, meets vision safety regulations and shall obtain all necessary permits
for signage erected on site.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
7. The petitioner shall preserve or relocate newly landscaped planter bed on the 1271 East
Moore Lake Drive parcel.
8. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
9. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
10. City engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
11. Storm water management maintenance agreement shall be filed with the City prior to
issuance of building permits.
12. The petitioner shall obtain any required NPDES Permits.
13. 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.
14. The petitioner shall combine the parcels at 6352 Central Avenue and 1271 East Moore
Lake Drive for tax purposes and to allow the proposed development to occur over both
lots.
15. If the proposed development is modified to be used for units other than assisted living
and memory care units, a master plan amendment will need to be obtained.
16. A Development Agreement outlining the Developer's obligation to install utilities, etc.,
will be prepared by the City and shall be signed by the Petitioner prior to the May 10,
2010, City Council meeting.
and to adopt Resolution No. 2010-29.
Seconded by Councilmember Bolkcom.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 28
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Approve Development Agreement between the City of Fridley and James Faulkner,
Chief Manager on behalf of Fridley Assisted Living, LLC.
Mr. Hickok, Community Development Director, stated this is a fairly standard development
agreement. Mr. Kosluchar and his staff have spent a great deal of time on this. The
development agreement is a good way for the City to make sure things happen in accordance
with current engineering and design standards and to provide a surety in case there is a need for
that if the project does not come and is half done, for example. This development indicates the
petitioner is ready to go and he is working with his own engineering staff, and they anticipate
success and not a lot of issues here on the enforcement side that would have to be enacted. There
is a revised estimate sheet that becomes an attachment to the back of the document. The civil
engineer for the developer had submitted his estimates and working back and forth between Mr.
Kosluchar and Mr. Faulkner and his engineers, those numbers have been refined. That
attachment should replace the one in their packets.
Councilmember Bolkcom stated Mr. Faulkner is aware of the new one.
Mr. Faulkner stated what happened is they struggled trying to understand exactly the wording
of the request for the surety because there are two things going on at the site. There are private
improvements and public improvements on this site because there is a public sewer on the site.
As they try to establish what exactly was going on there, he sent his subcontractor's breakdown
and bids for all of the work. Mr. Kosluchar said here is what we are doing, and Mr. Faulkner
said, okay, fine. Mr. Faulkner just did not understand what was being asked for the first time
around when he submitted that. They got the actual costs for the work out there, and Mr.
Kosluchar enhanced it a little bit and sent it back.
Councilmember Bolkcom asked related to the public improvements vs. the developer's
improvements and the talk about the sanitary sewers, will Council see something in the near
future saying we have to change our sanitary sewer? That is all part of this development. It is
not costs that are incurred by the City?
Mr. Kosluchar replied correct. Basically the sanitary sewer has to be rerouted to make room for
the southerly building. The site is fairly tight, and there is an existing drainage easement that the
City has that encroaches quite a ways into the property. They are relocating that and there will
be a fairly deep new sanitary sewer. There is a lift station nearby, and he does not expect they
will be replacing that any time soon. That is one of the reasons they want to be very careful with
how this is set up because they want to make sure it is constructed very well.
Councilmember Bolkcom asked if there was anything related to the easement.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 29
Mr. Kosluchar replied, they had some engineering stipulations that require a revised easement
which is actually to the developer's benefit because they would be moving further towards the
edge of the property with the sanitary sewer main from the interior of the property, and he is not
able to construct on that easement as it e�sts right now.
Councilmember Bolkcom asked is that what the $1,500 is under where it says easement
preparation, recording, under the public improvements?
Mr. Kosluchar replied basically all the technical aspects of it is being paid for by the developer.
He did not think the City provides inspection services, but there are some allocations for the
City's costs there.
MOTION by Councilmember Varichak to approve the Development Agreement between the
City of Fridley and James Faulkner, Chief Manager on behalf of Fridley Assisted Living, LLC.
Seconded by Councilmember. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12. Approve Joint Powers Agreement between the City of Fridley and the County of
Anoka for the Costshare of a Corridor Study of CSAH 1(East River Road) in the
Cities of Coon Rapids and Fridley.
Mr. Hickok, Community Development Director, said this is a Joint Powers Agreement for the
cost share on the East River Road corridor study. We have embarked on a corridor study, and it
is one that will involve our engineering staff, the County's highway department and planning
staff, and SHIP grant program staff. Through this process thus far they have selected a
consultant, Kimley Horn and Associates, Paul Danielson (who is going to be the lead on this
project), and Kate Garwood from the County is also going to be involved. This document
basically protects the relationship between the players. One player he did not mention is the City
of Coon Rapids. They have a piece of their roadway also that is south of 610 and north of 85th in
Fridley and even comes down a bit further as it joins Fridley where East River Road ends and
Coon Rapids Boulevard soon begins. They have done the Coon Rapids Boulevard portion of this
study already.
Mr. Hickok stated in this Joint Powers Agreement it spells out costs. It is a$425,000 project.
Our portion of this comes through the SHIP grant dollars given to us and amounts to $20,400.
Councilmember Saefke stated on Page 16, the document states Terry Johnson is Fridley County
Administrator, Doug Fisher is our Fridley County Engineer, and Dan Clint is the Assistant
Fridley County Attorney.
Councilmember Bolkcom stated if she understands it correctly all the money the City is
contributing is coming from our SHIP grant. The money is there and it is available for us to use
for this, so there would be no problem with signing this agreement. She asked when would this
start.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 30
Mr. Hickok stated they selected the consultant and the work is already beginning. It is a 16-
month project in accordance with the consultant's contract. It will be running through the course
of this next year and then four months beyond.
MOTION by Councilmember Bolkcom to approve the Joint Powers Agreement between the
City of Fridley and the County of Anoka for the Costshare of a Corridor Study of CSAH 1(East
River Road) in the Cities of Coon Rapids and Fridley. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12A. Minutes of the City Council Meeting of Apri126, 2010:
Councilmember Bolkcom said on page 5(under the Motion) it should read "Mayor Lund noted
that because one member. .. as a unanimous consent on any amendment �ee�e� is needed."
Attorney Knaak stated in the seventh paragraph from the bottom on that page the word
"Statute" is spelled wrong.
MOTION by Councilmember Bolkcom to approve the minutes. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Receive Bids and Award Contract for the 2010 Water Main Rehabilitation Project
No. 391.
Councilmember Bolkcom said the bid tabulation was hard to read. She asked if we are
removing pavement from an area that we just resurfaced and, if so, should we have done the
resurfacing on this at the same time. She asked if it was all underground? It says remove
existing pipe, removing concrete, walkways, pavement, and asphalt.
Mr. Kosluchar replied, no. Actually the portion on Mississippi Street is in advance of the
paving work that is going to happen this summer, and they have a very tight completion date on
that work.
MOTION by Councilmember Bolkcom to Receive Bids and Award Contract for the 2010 Water
Main Rehabilitation Project No. 391 to Penn Contracting, Inc., in the amount of $127,968.00.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 31
7. Estimates.
MOTION by Councilmember Bolkcom to remove from the table the estimate for Colt
Construction. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Bolkcom stated the reason she tabled this item was because she was concerned
about the numbers and Mr. Kosluchar was not at the meeting to explain them.
Mr. Kosluchar, Public Works Director, replied the estimate incorporates the following items:
the granular borrow which is embankment for the trail. Classified base in place. He thinks that
is all if not all of the classified that was set down. A 36-inch concrete pipe that was installed for
drainage at University Avenue, and silt fencing. All of these items were in the original contract,
and staff also added the change order that was approved at the previous City Council meeting
which was $4,883.
Councilmember Bolkcom stated the work was done in June/July 2009. She asked why is it just
coming before them?
Mr. Kosluchar replied because quantities and counts for these items needed to have an accurate
review. He believed some of these were ready some time around January/February. Some of the
quantities were probably ready in December 2009, but staff waited until there were enough of
them to prepare a pay request.
Councilmember Bolkcom asked where does the total amount come from? Is that budgeted as
this whole project, the 85th bike trail?
Mr. Kosluchar replied, yes, 80 percent federal funds and 20 percent match from the City's state
aid fund.
Councilmember Bolkcom asked but our 20 percent was in the budget?
Mr. Kosluchar replied, yes.
William Burns, City Manager, said he thinks there is at least one more change order coming.
Mr. Kosluchar stated there will be a final change order. It may take until July, to close out.
Dr. Burns stated part of the delay also is because of the grant program. They had to have
extensive review by MnDOT on this and that slowed things down.
Councilmember Bolkcom asked Mr. Kosluchar if he had any idea whether the change order is a
huge amount.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 32
Mr. Kosluchar replied, no, he does not think there are any items that they have not covered. It
will probably resolve the final quantities that were paid as part of the contract.
MOTION by Councilmember Bolkcom approving the following estimates:
Colt Construction
285 Forest Grove Drive
Suite 126
Pewaukee, WI 53072
85th Avenue Trail Proj ect No. ST 2007-04
Estimate No. 10 .............................................. $ 26,477.84
Concrete Idea, Inc.
13961 — 44th Lane N.E.
St. Michael, MN 55376
1020 Miscellaneous Concrete Repair
Proj ect No. 395
Estimate No. 1 ................................................$ 7,840.32
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Claims (145946 —146116).
Ms. Reynolds stated the reason she pulled this was because of the itemization. She showed a
similar document from the City of New Brighton listing the check number, the amount, who it
went to, and a short description of what it is for.
Mayor Lund stated what she is suggesting is there could be a brief description.
Councilmember Bolkcom stated for example, they have Abbott-Northwestern Hospital and the
description given is "blood draw."
Ms. Reynolds asked if there could be a budget number listed.
William Burns, City Manager, stated he would consult with Mr. Pribyl and see what they can
do.
MOTION by Councilmember Bolkcom to approve the claims as presented. Seconded by
Councilmember Barnette.
MUNITES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 33
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Reports: None.
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 11:05 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
�
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FRIDLE7`
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
May 24, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
May 12 2010
Second Reading on Proposed Amendment to Fridley City Charter Chapter 4.
Nominations and Elections, pertaining to Date of Primary Election and Canvassing
In 2009, the United States Congress adopted new legislation requiring a period of 45 days for
absentee ballot voting for the military and overseas voters. In Minnesota, we have required a
period of 30 days. To accommodate this law the Minnesota State Legislature adopted legislation
which the Governor signed into law in February as MN Chapter 184. This legislation moves the
date of the State Primary Election from September to August as well as some other election
administration issues, including absentee ballot voting and canvassing election returns.
Staff brought the information to the Charter Commission for their review. On March 22, 2010,
the Charter Commission unanimously approved an amendment by ordinance.
MN Statute 410 requires a public hearing notice to be published within one month of receiving
the proposed amendment and the notice must contain the text of the proposed amendment. A
public hearing notice, as shown in Attachment 1, was prepared and was published in the Fridley
Sun Focus on April 1 and 8, 2010. The public hearing was held on April 26, 2010 and the first
reading was held on May 10, 2010. The ordinance must be approved by a unanimous vote of the
City Council to become enacted.
Staff recommends holding the second reading on an ordinance proposing to amend Chapter 4 of
the Fridley Charter Pertaining to Primary Elections.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER
PERTAINING TO PRIMARY ELECTIONS
The Fridley Charter Commission and City Council of the City of Fridley hereby finds, after review,
examination and recommendation of staff, that the Fridley City Charter be hereby amended as follows:
FRIDLEY CITY CHARTER
CHAPTER 4. NOMINATIONS AND ELECTIONS
Section 4.03. PRIMARY ELECTIONS.
nr +�,o �,-�+ -r„o�,a.,� .,�o,- +�,o �o r,a na„r,a.,� r co�+o,,.�.o,- ��ere sha11 be a primary election, on the date
established by Minnesota State Law, for the selection of two (2) nominees for each elective office at the
regular municipal election, unless only two (2) nominees file for each elective office. Primary municipal
elections sha11 be held every even numbered year, if necessary.
Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE.
If more than two candidates filed for office, the Council � must meet and canvass the primary election
retums �T ;*'�;r *�T ��'" on the third calendar days after any primary election. The two candidates for each
office who receive the highest number of votes shall be nominees for the office named. Their names shall be
certified by the city clerk to the county auditor who sha11 place them on the municipal general election ballot
without partisan designation. The Council shall meet and canvas the general (regular) election or special
election retums �T ;*'�;r �°� °r �'" between the third and tenth calendar days after any regular or special
election, sha11 make full declaration of the results, and file a statement thereof with the City Clerk. Said
statement sha11 be made a part of the minutes. This statement sha11 include: (a) the total number of good
ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with a
declaration of those who are elected; (d) a true copy of the ballots used; (e) the names of the judges of
election; and (fl such other information as may seem pertinent. The City Clerk shall forthwith notify all
persons elected of the fact of their election, and the persons elected sha11 take office at the time provided for
by Section 3.01, upon taking, subscribing and filing with the City Clerk the required oath of office. (Ref.
Ord. 1252)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24t'' DAY
OF MAY 2010.
Scott J. Lund, Mayor
Atte st:
Debra A. Skogen, City Clerk
Public Hearing: Apri126, 2010
First Reading: May 10, 2010
Second Reading: May 24, 2010
Publication:
�
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FRIDLE7`
To
From
AGENDA ITEM
CITY COUNCIL MEETING OF
May 24, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Alan Folie, Assistant Finance Director
Date: May 19, 2010
Re: Resolution Approving Final Changes in Appropriations for the General fund Special
Revenue Funds and the Capital Improvement Fund for the Year Ended December 31,
2009
Attached you will find the final changes in the appropriations to the budget for the year ended
December 31, 2009. These changes are similar to those that we have brought to Council this
time of year for the past number of years as we prepare to publish the City of Fridley's
Comprehensive Annual Financial Report. These changes are in keeping with Chapter 7 of the
City Code. The majority of the changes are based on departmental initiatives that have caused
an increase in efficiency of the department or a better delivery of service to our customers.
The changes to the General Fund are occurring from within departmental budgets or drawing
from the emergency reserve.
The changes that are shown in a few of the Special Revenue Funds are because these are funds
that traditionally have not been established as part of the normal budgeting process due to the
unknown aspect of each of their activities.
Staff's recommendation is for the City Council to pass the attached resolution and complete the
budget cycle for 2009.
RESOLUTION NO. 2010 -
A RESOLUTION AUTHORIZING FINAL CHANGES IN APPROPRIATIONS FOR
THE GENERAL FUND, SPECIAL REVENUE FUNDS, AND THE CAPITAL
IMPROVEMENT FUND FOR THE YEAR ENDED 2009
WHEREAS, the City of Fridley has involved itself in initiatives that provide for future
charges and modifications that will allow for a better delivery of services, and
WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the
adopted budget for 2009.
NOW, THEREFORE, BE IT RESOLVED that the General Fund, Special Revenue Funds, and
the Capital Improvement Fund budgets for the following divisions be amended as follows:
REVENUE ADNSTMENTS
TOTAL REVENLTE
ADNSTMENTS
APPROPRIATION ADNSTMENTS
CITY COUNCIL
CITY MANAGER
HUMAN RESOURCES
ELECTIONS
ASSESSING
POLICE
FIRE
GENERAL FUND
PROPERTY TAXES ($361,640)
INTERGOVERNMENTAL 361,640
$0
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
PERSONAL SERVICES
SUPPLIES/CHARGES
CAPITAL OUTLAY
PERSONAL SERVICES
SUPPLIES/CHARGES
CAPITAL OUTLAY
$3,851
(2,713)
$4,541
(4,541)
11,316
(1,198)
438
10,082
7,914
(694)
41,284
(13,421)
(12,057)
33,152
(33,478)
326
ENGINEERING PERSONAL SERVICES 2,936
SUPPLIES/CHARGES (1,994)
MARKET VALUE HOMESTEAD CREDIT
MARKET VALUE HOMESTEAD CREDIT
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
Resolution No. 2010-
P. WORKS/PARKS
P. WORKS/STREETS
BUILDING INSPECTION
BUILDING INSPECTION
PLANNING
NONDEPARTMENTAL
NONDEPARTMENTAL
EMERGENCY RESERVE
TOTAL APPROPRIATION
ADNSTMENTS
PERSONALSERVICES
SUPPLIES/CHARGES
PERSONALSERVICES
SUPPLIES/CHARGES
CAPITAL OUTLAY
PERSONALSERVICES
SUPPLIES/CHARGES
PERSONALSERVICES
SUPPLIES/CHARGES
PERSONALSERVICES
SUPPLIES/CHARGES
2,720
(2,720)
12,205
(20,107)
7,902
1,860
(1,860)
3,285
�3�28�
3,448
(3,448)
(45,744)
$0
SPECIAL REVENUE FUNDS
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
ELIMINATE NEGATIVE VARIANCE
CABLE TV FUND
APPROPRIATION ADNSTMENTS PERSONAL SERVICES $1,431 ELIMINATE NEGATIVE VARIANCE
SUPPLIES/CHARGES (1,431) ELIMINATE NEGATIVE VARIANCE
TOTAL APPROPRIATION ADNSTMENTS $0
GRANT MANAGEMENT FUND
REVENUE ADNSTMENTS INTERGOVERNMENTAL $64,040 ELIMINATE NEGATIVE VARIANCE
APPROPRIATION ADNSTMENTS PERSONAL SERVICES $20,051 ELIMINATE NEGATIVE VARIANCE
SUPPLIES/CHARGES 43,989 ELIMINATE NEGATIVE VARIANCE
TOTAL APPROPRIATION ADNSTMENTS $64,040
HRA REIMBURSEMENT FUND
REVENUE ADNSTMENTS INTERGOVERNMENTAL $26,805 UNBUDGETED ACTIVITY
APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES $26,805 UNBUDGETED ACTIVITY
SOLID WASTE ABATEMENT FUND
APPROPRIATION ADNSTMENTS PERSONAL SERVICES $1,868 ELIMINATE NEGATIVE VARIANCE
DRUG/GAMBLING FORFEITURE FUND
REVENUE ADNSTMENTS FINES AND FORFEITS $15,375 UNBUDGETED ACTIVITY
APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES $8,328 UNBUDGETED ACTIVITY
CAPITAL OUTLAY 7,047 UNBUDGETED ACTIVITY
TOTAL APPROPRIATION ADNSTMENTS $15,375
F.C.C. DONATIONS FUND
REVENUE ADNSTMENTS INVESTMENT INCOME $350 UNBUDGETED ACTIVITY
APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES $3,382 UNBUDGETED ACTIVITY
Page 2
Resolution No. 2010-
SPRINGBROOK NATURE CENTER FUND
APPROPRIATION ADNSTMENTS PERSONAL SERVICES $14,589 ELIMINATE NEGATIVE VARIANCE
SUPPLIES/CHARGES (3,202) ELIMINATE NEGATIVE VARIANCE
TOTAL APPROPRIATION ADNSTMENTS $11,387
CAPITAL PROJECT FUNDS
CAPITAL IMPROVEMENT FUND
APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES $108,890 ELIMINATE NEGATIVE VARIANCE
CAPITAL OUTLAY (108,890) ELIMINATE NEGATIVE VARIANCE
TOTAL APPROPRIATION ADNSTMENTS $0
Page 3
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
24th DAY OF MAY, 2010.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
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FRIDLE7`
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
May 24, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra Skogen, City Clerk
May 19, 2010
Resolution Appointing an Absentee Ballot Board for the 2010 Election Cycle
The Minnesota State legislature adopted legislation requiring County Auditors to appoint an
absentee ballot board for the purpose of accepting and rejecting absentee ballots. On Apri126,
2010, the City Council amended Chapter 4 of the Fridley City Code which authorized the
establishment of an absentee ballot board. Section 4.03 of the City Code requires the City Council
to appoint the names of the individuals that will serve on the absentee ballot board.
Anoka County has designated the City of Fridley as a location to conduct absentee ballot voting and
will be designating the City's appointed members to their Absentee Ballot Board to serve as
"Deputy County Auditor" for the purpose of accepting and rejecting absentee ballots.
The absentee ballot board may consist of staff trained as election judges. The individuals appointed
will receive the appropriate election judge and absentee ballot board training prior to taking on their
duties. The appointment of staff will help the Elections Division save money as the city will not
have to hire election judges to work on a daily basis to serve on the absentee ballot board.
Staff recommends the City Council adopt a resolution appointing staff to serve on the absentee
ballot board for the 2010 Election Cycle.
Resolution No. 2010 -
A RESOLUTION APPOINTING AN ABSENTEE BALLOT BOARD FOR THE 2010
ELECTION CYCLE
WHEREAS, pursuant to MN Statute 203B.081, Anoka County Elections has designated the City
of Fridley as a location to conduct absentee voting for Fridley residents for the Minnesota 2010
Primary and State General Election; and
WHEREAS, the County auditor must establish an absentee ballot board for ballots issued under
sections 203B.16 to 203B.27 and will be designating the City's assigned staff as members of that
board for the purposes of accepting, rejecting and counting absentee ballots; and
WHEREAS, the duties of the absentee ballot board are defined in the 2010 Minnesota Election
Laws and Rules; and
WHEREAS, Fridley City Code Section 4.03 requires the City Council to appoint the number of
persons and the names of the individuals that will serve on the absentee ballot board which it
deems necessary to carry out the duties of the absentee ballot board.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Fridley hereby
designates the following individuals to the City's absentee ballot board:
Roberta Collins
James Erickson
Rebecca Kiernan
Lynn Krachmer
Jean Michaels
Richard Pribyl
Cindy Ruschy
Debra Skogen
BE IT HEREBY FURTHER RESOLVED, when the above individuals are acting in their role as
the absentee ballot board, they shall use the title of "Deputy County Auditor" for that purpose;
and
BE IT HEREBY FURTHER RESOLVED that the Anoka County Absentee Ballot Board is
hereby appointed and designated to act on behalf of the City of Fridley's Absentee Ballot Board.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
l OTH DAY OF MAY 2010.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
�
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CfTY OF
Ff�IDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 24, 2010
May 20, 2010
William Burns, City Manager
Paul Bolin, HRA Assistant Executive Director
Scott Hickok, Community Development Director
Amendment to Northstar Joint Powers Agreement
INTRODUCTION
The focus of the Northstar Corridor Development Authority has changed over the past year as
the line is now up and running. Whereas the first 13 years of the boards existence was focused
on funding the line and getting the system operational, the focus now is on extending the line
to St. Cloud (Phase 2). In order to facilitate Phase 2 the NCDA has proposed changes to the
1997 Joint Powers Agreement.
Our partners at the northern end of the Northstar line were very supportive in getting
Northstar operational, despite the fact that Phase 1 ended at Big Lake. The group is now
looking to restructure so it can function with the efficiency and speed needed to complete
Phase 2. The proposed changes will simply make it easier for those most affected by the
extension to take action in a much quicker manner. The NCDA's executive board membership
needs to be changed so those still charged with providing rail service in the region (the assorted
Rail Authorities) and Stearns County make up the executive board membership.
The changes proposed will update the Joint Powers Agreement to reflect changes in law since
1997, streamline decision making, and address inefficiencies in the current agreement. A
summary of the changes (in a letter from NCDA Chair Dan Erhart), a copy of the amendment
document, and a resolution approving changes is attached to this memorandum.
STAFF RECOMMENDATION
Staff recommends approval of the Resolution Amending the NCDA Joint Powers Agreement.
RESOLUTION NO. 2010 -
A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO JOINT POWERS
AGREEMENT ESTABLISHING THE NORTHSTAR CORRIDOR DEVELOPMENT
AUTHORITY
WHEREAS, the Northstar Corridor Development Authority (NCDA) was established in May of
1997 pursuant to a joint powers agreement entered into by the counties, county regional railroad
authorities, cities and towns along the Northstar Corridor from Minneapolis to the St. Cloud area;
and
WHEREAS, City of Fridley entered into the 7oint Powers Agreement, as previously amended in
1999, (hereinafter the "Agreement") for the purpose of ineeting the future transportation needs of
the Northstar Corridor from the St. Cloud area to downtown Minneapolis; and
WHEREAS, the NCDA has, in collaboration with the Minnesota Department of Transportation
("MN/DOT") and the Metropolitan Council, completed the design and construction of the first
phase of the Northstar commuter rail system from Big Lake to Minneapolis; and
WHEREAS, revenue service of the first phase of Northstar commuter rail system commenced on
November 16, 2009, and is owned and operated by the Metropolitan Council; and
WHEREAS, the members desire to amend the Agreement to streamline the operations of the
NCDA, in order to efficiently and cost effectively complete the Northstar commuter rail system to
the City of St. Cloud.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley hereby
approves Amendment No. 2 to the Agreement.
BE IT FURTHER RESOLVED that William W. Burns, City Manager of City of Fridley, are hereby
authorized to execute Amendment No. 2 to the Agreement, substantially in the form presented.
BE IT FURTHUR RESOLVED that Deb Skogen, the City Clerk, is directed to prepare a certified
copy of this Resolution and deliver it, together with executed signature pages to Amendment No. 2
to the Agreement, to the Chair of the NCDA.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24tn
DAY OF MAY, 2010.
SCOTT LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
AMENDMENT NO. 2
TO JOINT POWERS AGREEMENT
ESTABLISHING THE
NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY
THIS AMENDMENT NO. 2 is made by and between the undersigned Counties,
Regional Railroad Authorities, Cities, and Townships, all being governmental units of
the State of Minnesota, (hereinafter the "Members") pursuant to Minn. Stat. §§ 471.59
and 398A.04, subd. 9, and shall be effective upon execution by each of the Members.
WHEREAS, the Members have entered into a joint powers agreement, as
amended, (hereinafter the "Agreement") for the purpose of ineeting the future
transportation needs of the Northstar Corridor from the St. Cloud area to downtown
Minneapolis; and
WHEREAS, the Northstar Corridor Development Authority (hereinafter the
"Authority") has, in collaboration with the Minnesota Department of Transportation
("Mn/DOT") and the Metropolitan Council, completed the design and construction of the
first phase of the Northstar commuter rail system from Big Lake to Minneapolis; and
WHEREAS, revenue service of the first phase of the Northstar commuter rail
system commenced on November 16, 2009 and is owned and operated by the
Metropolitan Council; and
WHEREAS, the Members desire to amend the Agreement to streamline the
operations of the Authority, in order to efficiently and cost effectively complete the
Northstar commuter rail system to the City of St. Cloud.
NOW, THEREFORE, in consideration of the mutual promises and benefits that
each Member shall derive herefrom, and other good and valuable consideration, receipt
of which is hereby acknowledged, the Members agree to amend the Agreement as
follows:
Article I of the Agreement, as previously amended, is further amended to read as
follows:
ARTICLE I. PURPOSE
The purpose of the parties in entering into this Agreement is to analyze
the feasibility and environmental impacts of integrated transportation
improvements along the Highway 10 corridor, including highway
improvements, commuter and freight rail, recreational trails, ITS, safety
and related land use issues. The method of accomplishing the purpose of
this Agreement is the establishment of a joint powers board to provide a
mechanism whereby the parties can jointly address the need for enhanced
transportation along the corridor, congestion relief, decreased traveling
time, and systematic land use and development planning.
Additionally, the purpose of the parties is work together to meet the future
transportation needs of the Northstar Corridor with the following four
goals:
(1) Improve mobility and safety;
(2) Minimize adverse environmental impacts and foster positive
environmental effects;
(3) Encourage transportation-supportive land use and
development patterns; and
(4) Provide a cost-effective and efficient transportation system.
In the furtherance of this purpose, the parties authorize the Authority to
accept the delegation from the State and/or the Metropolitan Council of
the responsibility and authority to develop commuter rail in the Northstar
Corridor, including but not limited to preparing an advanced corridor plan,
financial and operating plans, negotiating with the railroads, preliminary
engineering, final design, and construction.
2. Article IV, Paragraph H of the Agreement, as previously amended, is further
amended to read as follows:
H. The Authority shall perform the responsibilities delegated by the
Commissioner of Transportation and/or the Metropolitan Council for
development and construction of commuter rail, pursuant to an
agreement with the State of Minnesota and subject to the condition
that sufficient funds are received.
3. Article V, Section 2, Paragraph B of the Agreement, as previously amended, is
further amended to read as follows:
B. The Authority may enter into any contract necessary or proper for
the exercise of its powers or the fulfillment of its duties, including
agreements entered into pursuant to Minn. Stat. §§ 471.59,
398A.04, 473.4057, and 174.82, and enforce such contracts to the
extent available in equity or at law. The Authority or the Executive
Committee may approve any contract relating to this Agreement up
to the amount approved in the annual budget, and may authorize
the Chair of the Authority to execute those contracts. No payment
on any invoice for services performed by a consultant or any other
person or organization providing services in connection with this
Agreement shall be authorized unless approved by the Executive
Committee or as otherwise authorized by the Executive Committee.
2
4. Article V, Section 2, Paragraph G of the Agreement, as previously amended, is
further amended to read as follows:
G. The Authority may acquire, hold, and dispose of such real and
personal property as may be required to accomplish the purposes
of this Agreement and upon termination of this Agreement, make
distribution of such property as is provided for in this Agreement,
agreements relating to the financing of the Northstar Corridor, or
agreements with the State of Minnesota or the Metropolitan
Council.
5. Article VI, Section 2 and 3, of the Agreement, as previously amended, is further
amended to read as follows:
Section 2: Chair and Vice Chair.
The Authority shall elect a Chair and Vice Chair from its membership at its
first regular meeting. The Chair and Vice Chair shall be elected by the
Authority from its membership for a two year term and must be a county
commissioner representing a county regional railroad authority. The Chair
shall preside at all meetings of the Authority, may establish such
subcommittees as may be needed from time to time and shall perform
other duties and functions as may be determined by the Authority. The
Vice Chair shall preside over and act for the Authority during the absence
of the Chair. The Vice Chair shall also perform the duties and functions of
the Treasurer as provided for in the by-laws. If both the Chair and Vice
Chair are absent, the Authority may elect a temporary chair to conduct its
business, provided a quorum is present.
Section 3: Committees.
A. Executive Committee. The Authority shall establish an Executive
Committee of the Authority consisting of the following: two
members from the Anoka County Regional Railroad Authority; two
members from the Sherburne County Regional Railroad Authority;
two members from the Hennepin County Regional Railroad
Authority; one member from the Stearns County Regional Railroad
Authority; and one member from the Stearns County Board of
Commissioners. In the absence of an appointed commissioner at a
meeting of the Executive Committee, an alternate commissioner
may exercise the voting rights of the member. In the event that only
one appointed commissioner is present at a meeting of the
Executive Committee, that commissioner may cast two votes. The
Chair of the Authority shall act as the Chair of the Executive
Committee.
The duties of the Executive Committee shall include the following:
Ec3
1. Subject to the Authority's direction, the Executive Committee
shall fulfill the day-to-day responsibilities of the Authority for
the implementation of commuter rail in the Northstar
Corridor, including the Authority's responsibility to act as the
Corridor Coordinating Committee described in Minn. Stat. §
174.86, subd. 5.
2. The Executive Committee shall be responsible for approving
contracts and expenses relating to this Agreement up to the
amount approved in the annual budget and authorizing the
Chair of the Authority to execute those contracts, approving
invoices within approved contract amounts, addressing
personnel issues, fulfilling the management responsibilities
of the Authority, and performing such other duties as set
forth in the Authority's bylaws.
3. The Executive Committee shall recommend the annual
administrative budget to the Authority. The budget must be
recommended by 4/5th majority vote of the Executive
Committee.
4. The Executive Committee shall be responsible for making
recommendations to the Authority concerning any decision
regarding the capital costs or capital budget for the Northstar
Corridor. Any decision of the Authority that would increase
the capital contribution of any member must be approved by
a unanimous vote of the Executive Committee and must be
approved by each of the funding partner's board of
commissioners.
6. Article VI, Section 6, of the Agreement is amended to read as follows:
Section 6: Meetinqs.
An initial organizational meeting of the Authority shall be held at the
Sherburne County Courthouse, on May 1, 1997, at 4:30 p.m. Thereafter,
the Authority shall meet at regular meetings at such times and places as
the Authority shall establish in its bylaws. Special meetings may be held
on reasonable notice by the Chair or any two representatives upon terms
and conditions as the Authority may determine. The Authority shall meet
at least twice in each calendar year.
7. Article VII, Section 2, of the Agreement is amended to read as follows:
Section 2: On-Goinq Administrative Expenses.
A. By August 15 of each year, the Authority shall adopt an annual
administrative budget for the following calendar year, and shall determine
the amount of contribution, if any, by each member county regional
railroad authority. The budget and the resulting assessments shall be
0
approved by a two-thirds majority vote of the members present at a
meeting of the Authority called for that purpose. Any excess funds in the
administrative budget remaining at the end of the fiscal year shall be
carried forward in such manner as to reduce proportionately each
member's contribution for the following fiscal year.
B. If the Authority incurs any administrative expenses as a result of a
claim for damages, the administrative expenses paid shall be assessed
against each member in the same proportion as the assessments
described in paragraph A above, as applicable.
8. Article IX, Section 2, of the Agreement is amended to read as follows:
Section 2: Records, Accounts and Reports.
The Authority shall establish and maintain such funds and accounts as
may be required by good accounting practices. The books and records of
the Authority shall be subject to the provisions of Minn. Stat. Chapter 13,
the Minnesota Government Data Practices Act, and Minn. Stat. § 16C.05,
subd. 5. The Authority, within one hundred and twenty (120) days after
the close of each fiscal year, which shall be January 1 to December 31,
shall give a complete written report of all financial activities for such fiscal
year to the parties.
9. Article IX is amended by adding a new Section 6 to the Agreement to read as
follows:
Section 6: Liability
A. Separate Public Entity. The Authority is a public entity separate
from the parties and shall not be deemed by virtue of this Agreement to be
an agent or partner of the parties to this Agreement, the Metropolitan
Council, the Minnesota Department of Transportation, or any grantee, nor
shall the parties be liable for the actions of the Authority, the Metropolitan
Council, the Minnesota Department of Transportation or any grantee.
B. Responsibility for Own Acts and Omissions. Each party agrees that
it will be responsible for its own acts and omissions, the acts and
omissions of its commissioners, officers and employees and any liability
resulting there from to the extent authorized by law. No party shall be
responsible for the acts of the other parties and the results thereof. Each
party acknowledges and agrees that it is insured or self-insured consistent
with the limits established in Minnesota State Statute. Each party agrees
to promptly notify all parties if it becomes aware of any potential Authority
related claim(s) or facts giving rise to such claims.
N'�
C. No Waiver. Notwithstanding the foregoing, the terms of this
Agreement are not to be construed as, nor operate as, waivers of a party's
statutory or common law immunities or limitations on liability, including, but
not limited to, Minn. Stat. Chap. 466. Further, the party's obligations set
forth in this Article and otherwise in this Agreement, are expressly limited
by the provisions of Minn. Stat. Chap. 466, Minn. Stat. § 471.59, and any
other applicable law or regulation providing limitations, defenses or
immunities to the parties and to the Authority.
10. This Amendment No. 2 may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the
same instrument.
11. The terms and conditions set forth in the Agreement, as amended, shall continue
in full force and effect, except as modified herein, and shall apply to this
Amendment No. 2 as if fully set forth herein.
IN WITNESS WHEREOF, the parties to this Amendment No. 2 to the Joint
Powers Agreement Establishing the Northstar Corridor Development Authority have
hereunto set their hands on the date written below:
ATTEST:
BY:
Title:
Dated:
Approved as to form and Execution:
:�'fi
Title:
Dated:
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CITY OF FRIDLEY
:
Title:
Dated:
� AGENDA ITEM
� COUNCIL MEETING OF MAY 24, 2010
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� AGENDA ITEM
� CITY COUNCIL MEETING OF MAY 24, 2010
��F LICENSES
FRIDLE7`
TYPE (�F LICENSE: APPLICANT: ' ' APPROVEIa B�:
Street Vending Permit 49'er Street Vending Permit City Clerk
Matt Milner Sales for Public Safety
Gerald Johnson Parks Director
Lawful Gambling Permit Bundles of Love Charity City Clerk
Deb Persing —Director Public Safety
Raffle 10/23/2010
Massage Therapy Kelli Ann Potratz City Clerk
Salon Amore' Public Safet
Food, Tobacco and Gas Fridley Amstar Auto Care Community Development
Ramon G. Witz, Jr Fire Inspector
Public Safet
Public Dance Application Fridley 49'r Day Festival City Clerk
49'R Celebration Peter Borman, President Community Development
June 24,25, & 26, 2010 Fire Inspector
Public Safet
Food Establishment JCB LLC, dba Chanticlear Community Development
Pizza Fire Inspector
Joshua C. Belmore Public Safet
� AGENDA ITEM
� CITY COUNCIL MEETING OF MAY 24, 2010
��F LICENSES
FRIDLE7`
Contractor T e A licant A roved B
Gett Construction Commercial or S ecialt Steve Gett Ron Julkowski, CBO
Hertz Mechanical Heatin Jeff Hertz Ron Julkowski, CBO
Karen Kozer Commercial or S ecialt Karen Kozer Ron Julkowski, CBO
Lero Si ns Inc Si n Erector Ral h Reiter Ron Julkowski, CBO
Restoration Professionals Commercial or S ecialt Ed Strom Ron Julkowski, CBO
River Ci Sheet Metal Heatin Chris Ra Ron Julkowski, CBO
R an Com anies US, INC Commercial or S ecialt Ma Wawro Ron Julkowski, CBO
Sauter & Sons Inc Wreckin Thomas Sauter Ron Julkowski, CBO
Sedgwick Heating & Air Heating Joy Post Ron Julkowski, CBO
Conditioning
Tower MRL Inc Commercial or S ecialt Kevin Cza a Ron Julkowski, CBO
Rose Ci Si n Co Inc Si n Erector Jonathan Gesch Ron Julkowski, CBO
� AGENDA ITEM
� CITY COUNCIL MEETING OF MAY 24, 2010
�ff1' 4F
FRIDLE7`
INFORMAL STATUS REPORTS